Congressional Record, Volume 162 Issue 88 (Monday, June 6, 2016)

[Congressional Record Volume 162, Number 88 (Monday, June 6, 2016)]
[Senate]
[Pages S3450-S3451]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

SA 4414. Mr. KAINE (for himself and Mr. Warner) submitted an
amendment intended to be proposed by him to the bill S. 2943, to
authorize appropriations for fiscal year 2017 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the end of title IX, add the following:

Subtitle F--National Commission on Defense Reform

SEC. 981. NATIONAL COMMISSION ON DEFENSE REFORM.

(a) Establishment.--There is established in the executive
branch an independent commission to be known as the National
Commission on Defense Reform (in this subtitle referred to as
the ``Commission''). The Commission shall be considered an
independent establishment of the Federal Government as
defined by section 104 of title 5, United States Code, and a
temporary organization under section 3161 of such title.
(b) Membership.--
(1) Composition.--The Commission shall be composed of 9
members, of whom--
(A) one shall be appointed by the President;
(B) two shall be appointed by the Majority Leader of the
Senate, in consultation with the Chairman of the Committee on
Armed Services of the Senate;
(C) two shall be appointed by the Minority Leader of the
Senate, in consultation with the Ranking Member of the
Committee on Armed Services of the Senate;
(D) two shall be appointed by the Speaker of the House of
Representatives, in consultation with the Chairman of the
Committee on Armed Services of the House of Representatives;
and
(E) two shall be appointed by the Minority Leader of the
House of Representatives, in consultation with the Ranking
Member of the Committee on Armed Services of the House of
Representatives.
(2) Appointment date.--The appointments of the members of
the Commission shall be made not later than 90 days after the
date of the enactment of this Act (which deadline shall be
referred to in this subtitle as the ``Commission
establishment date'').
(3) Effect of lack of appointment by appointment date.--If
an appointment or appointments under a subparagraph of
paragraph (1) is not made by the appointment date specified
in paragraph (2), the authority to make an appointment or
appointments under such subparagraph shall expire, and the
number of members of the Commission shall be reduced by the
number equal to the number otherwise appointable under such
subparagraph.
(4) Expertise.--In making appointments under this
subsection, consideration should be given to individuals with
expertise in national and international security policy and
strategy, military forces capability, force structure design
and employment, and improving the effectiveness of large
organizations.
(c) Period of Appointment; Vacancies.--Members shall be
appointed for the life of the Commission. Any vacancy in the
Commission shall not affect its powers, but shall be filled
in the same manner as the original appointment.
(d) Chair and Vice Chair.--The Commission shall select a
Chair and Vice Chair from among its members.
(e) Status as Federal Employees.--Notwithstanding section
2105 of title 5, United States Code, including the
supervision required under subsection (a)(3) of such section,
the members of the Commission shall be deemed to be Federal
employees.
(f) Initial Meeting.--The Commission shall hold its first
meeting not later than 30 days after the Commission
establishment date.
(g) Meetings.--The Commission shall meet at the call of the
Chair.
(h) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.

SEC. 982. PURPOSE AND SCOPE OF THE COMMISSION.

(a) Purpose.--The purpose of the Commission is to undertake
a comprehensive review of the organization and operations of
the Department of Defense, in order to make recommendations
for reform.
(b) Scope of Review.--In undertaking the review required by
subsection (a), the Commission shall give consideration to
the following:
(1) The structure and organization of the Department of
Defense, including the Office

[[Page S3451]]

of the Secretary of Defense, the Office of the Chairman of
the Joint Chiefs of Staff, the Joint Staff, and the
headquarters of the Armed Forces.
(2) The responsibilities and authorities of the geographic
and functional combatant commands.
(3) The organization, responsibilities, and interaction of
the combatant commands, subordinate commands, and Joint Task
Forces with the Joint Staff and the Office of the Secretary
of Defense, including overlap in such matters.
(4) The responsibilities and authorities of the Secretary
of Defense and the Chairman of the Joint Chiefs of Staff.
(5) The development and structure of the defense budget.
(6) The development and promulgation of the Unified Command
Plan, military strategy and contingency planning.
(7) The professional education and development of military
and civilian defense leaders.
(8) Cost-management and business practices.
(9) Interaction between the Department and industry.
(10) Interaction, including planning and coordination
authorities, between the Department of Defense and other
departments and agencies of the Federal Government with
equities in national security.
(11) Reforms and reorganizations undertaken by the
Secretary of Defense, including those directed by this Act.
(c) Principles.--The recommendations of the Commission
shall sustain and strengthen the following enduring
principles:
(1) Preservation of civilian control of the military.
(2) Maximization of the effectiveness of military
operations.
(3) Availability of appropriate numbers of members of the
Armed Forces for required operations.
(4) Efficient and effective management of the defense
establishment.
(5) Maintenance of the all-volunteer joint force.
(6) Innovation and accountability in defense acquisition.
(7) Maintenance of the focus of the activities of the
Department on support of the warfighter.
(8) Adequacy and sufficiency in the development of defense
policy, strategy, and plans.

SEC. 983. DUTIES OF THE COMMISSION.

(a) Secretary of Defense Recommendations.--
(1) Deadline.--Not later than six months after the
Commission establishment date, the Secretary of Defense shall
transmit to the Commission the recommendations of the
Secretary for reform of the organization and operations of
the Department of Defense. The Secretary shall concurrently
transmit the recommendations to the Committees on Armed
Services of the Senate and the House of Representatives.
(2) Justification.--The Secretary shall include with the
recommendations under paragraph (1) the justification of the
Secretary for each recommendation.
(3) Availability of information.--The Secretary shall make
available to the Commission and to the Committees on Armed
Services of the Senate and the House of Representatives the
information used by the Secretary to prepare the
recommendations of the Secretary under paragraph (1).
(b) Independent Efficiency Review.--
(1) In general.--The Commission shall work with an
appropriate entity outside the Department of Defense to
conduct a review of the current structure, organization, and
operations of the Department and to make recommendations to
reduce fragmentation, overlap, or duplication in such
structure, organization, and operations.
(2) Entity to perform review.--The entity performing the
review under paragraph (1) shall have--
(A) a depth of experience in management best practices in
the private sector; and
(B) familiarity with the unique requirements of the defense
enterprise.
(3) Purpose and scope.--The review under paragraph (1)
shall address the following:
(A) Areas of fragmentation, overlap, or duplication in the
structure, organization, and operations of the Department.
(B) Opportunities for integrating, streamlining, or
otherwise enhancing the efficiency of the structure,
organization, and operations of the Department.
(C) Private sector best practices that could be implemented
by the Department to improve efficiency and reduce costs
within the Department.
(4) Principles.--Any recommendations developed pursuant to
the review under paragraph (1) shall adhere to the principles
specified in section 982(c).
(5) Report.--The entity under paragraph (1) shall submit to
the Commission and the congressional defense committees a
report on the review under paragraph (1) not later than one
year after the date of the enactment of this Act.
(c) Interim Reports.--The Commission may submit to the
President and Congress interim reports containing such
findings, conclusions, and recommendations as have been
agreed to be a majority of Commission members. Such interim
reports may include alternate or dissenting views from
Commission members.
(d) Final Report.--Within one year of the date of the first
meeting of the Commission, the Commission shall submit to the
President and Congress a final report containing a detailed
statement of such findings, conclusions, and recommendations
for legislative and administrative actions as have been
agreed to by a majority of the Commission members. The final
report may include alternate or dissenting views from
Commission members.

SEC. 984. POWERS OF THE COMMISSION AND RELATED ADMINISTRATIVE
MATTERS.

(a) Powers.--
(1) Hearings.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers advisable
to carry out its duties under this subtitle.
(2) Information from federal agencies.--The Commission may
secure directly from any Federal department or agency such
information as the Commission considers necessary to carry
out its duties. Upon request of the Chair of the Commission,
the head of such department or agency shall furnish such
information to the Commission.
(3) Postal services.--The Commission may use the United
States mails in the same manner and under the same conditions
as other departments and agencies of the Federal Government.
(b) Space for Use of Commission.--Not later than 90 days
after the date of the enactment of this Act, the
Administrator of General Services shall, in consultation with
the Secretary of Defense, identify and make available
suitable excess space within the Federal space inventory to
house the operations of the Commission. If the Administrator
is not able to make such suitable excess space available
within such 90-day period, the Commission may lease space to
the extent the funds are available.
(c) Contracting Authority.--The Commission may acquire
administrative supplies and equipment for Commission use to
the extent funds are available.

SEC. 985. COMMISSION PERSONNEL MATTERS.

(a) Compensation.--
(1) In general.--Each member, other than the Chair, of the
Commission shall be paid at a rate equal to the daily
equivalent of the annual rate of basic pay payable for level
IV of the Executive Schedule under section 5315 of title 5,
United States Code, for each day (including travel time)
during which the member is engaged in the actual performance
of duties of the Commission. All members of the Commission
who are officers or employees of the United States shall
serve without compensation in addition to that received for
their services as officers or employees of the United States.
(2) Chair.--The Chair of the Commission shall be paid at a
rate equal to the daily equivalent of the annual rate of
basic pay payable for Level III of the Executive Schedule
under section 5314 of title 5, United States Code, for each
day (including travel time) during which the member is
engaged in the actual performance of duties of the
Commission.
(b) Travel Expenses.--The members of the Commission shall
be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of services for the Commission.
(c) Staff.--
(1) In general.--The Chair of the Commission may, without
regard to the civil service laws and regulations, appoint and
terminate an executive director and such additional personnel
as may be necessary to enable the Commission to perform its
duties. The employment of an executive director shall be
subject to confirmation by the Commission.
(2) Compensation.--The Chair of the Commission may fix the
compensation of the executive director and other personnel
without regard to chapter 51 and subchapter III of chapter 53
of title 5, United States Code, relating to classification of
positions and General Schedule pay rates, except that the
rate of pay for the executive director and other personnel
may not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title.
(d) Detail of Government Employee.--Any Federal Government
employee may be detailed to the Commission without
reimbursement, and such detail shall be without interruption
or loss of civil service status or privilege.
(e) Procurement of Temporary and Intermittent Services.--
The Chair of the Commission may procure for the Commission
temporary and intermittent services under section 3109(b) of
title 5, United States Code, at rates for individuals which
do not exceed the daily equivalent of the annual rate of
basic pay prescribed for level V of the Executive Schedule
under section 5316 of such title.

SEC. 986. TERMINATION OF THE COMMISSION.

The Commission shall terminate 90 days after the date on
which the Commission submits its final report under section
983(d).

SEC. 987. FUNDING.

Amounts for the activities of the Commission under this
subtitle shall be derived from amounts authorized to be
appropriated for fiscal year 2017 for the Department of
Defense by section 301 and available for operation and
maintenance, Defense-wide, as specified in the funding table
in section 4301.
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