S.Amdt. 1356

1. Adds TITLE XVI--COMMISSION ON MILITARY COMPENSATION at the end of division A

   Adds a title

   In S. 1867 · Placed on Calendar Senate

   (6) A description of the additional authorities, if any, needed to permit Department personnel to more effectively support, participate on, or lead an interagency team.

   Inserted: TITLE XVI--COMMISSION ON MILITARY COMPENSATION

   Inserted: SEC. 1601. ESTABLISHMENT.

   Inserted: There is established an independent commission to be known as the "Commission on Military Compensation".

   Inserted: SEC. 1602. PURPOSE AND DUTIES OF COMMISSION.

   Inserted: (a) Military Compensation Review and Recommendations.--The purpose of the Commission is--

   Inserted: (1) to conduct a review of all elements of military compensation provided to members of the uniformed services on account of their service in the uniformed services; and

   Inserted: (2) to make recommendations regarding any changes that the Commission considers appropriate for individual elements of military compensation or the structure or manner by which military compensation is provided to members of the uniformed services with the goals of--

   Inserted: (A) ensuring military readiness and capability;

   Inserted: (B) enabling a quality of life for members of the uniformed services and their families that will foster successful recruiting, retention, and careers of military service; and

   Inserted: (C) providing necessary flexibility to the Department of Defense to quickly adjust elements of military compensation to respond to changing conditions and fiscal restraints.

   Inserted: (b) Requirements.--The review conducted and recommendations prepared by the Commission--

   Inserted: (1) shall be based on proposals submitted by the Secretary of Defense, as required by section 1604(a);

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   Inserted: (2) shall address, at a minimum, the structure of the military retirement system (non-disability and disability, regular and non-regular service) in the context of existing military compensation and force management objectives, changes to military health care benefits, and such restructuring and reform of all other elements of military compensation as is feasible given the time allowed for completion of the review and submission of the recommendations; and

   Inserted: (3) shall be consistent with the criteria specified in subsection (c).

   Inserted: (c) Criteria.--The Secretary of Defense, in preparing a proposal for the Commission, and the Commission, in conducting the review and preparing recommendations, shall consider the following criteria:

   Inserted: (1) The effect of elements of military compensation on the ability to successfully recruit and retain highly capable and motivated members of the All-Volunteer force and the likely impact of proposed changes in this regard.

   Inserted: (2) The effect of elements of military compensation on maintaining an appropriate quality of life for members of the All-Volunteer force and their families and the effect of proposed changes in this regard.

   Inserted: (3) The effect of elements of military compensation that respond fully to the needs of wounded, ill, and injured members of the uniformed services and their families and the impact of proposed changes in this regard.

   Inserted: (4) The effect of existing provisions of law and regulation in affording necessary authority and flexibility for force management and shaping by military planners, and rapid response to changing conditions affecting the conditions of military service, the size and composition of military forces, and the financial resources available to ensure military readiness and capability.

   Inserted: (5) The effect of elements of military compensation on encouraging careers of service in the regular and reserve components of the uniformed services and the effect of proposed changes in this regard.

   Inserted: (6) The current and projected cost of military personnel as a part of the budgets of the Department of Defense and the Army, Navy, Air Force, and Marine Corps, end strength levels for active forces and reserve components needed for military mission accomplishment, and the impact of proposed changes on ensuring military capability and readiness.

   Inserted: (7) The flexibility currently afforded to military planners under existing laws and regulation and changes necessary for military planners to respond to changing circumstances in recruiting, retention, manpower, and critical skill requirements, conditions of service, and the availability of budgetary resources to military planners.

   Inserted: (8) Such other criteria as the Secretary of Defense and the members of the Commission consider advisable.

   Inserted: (d) Special Rule Regarding Military Retirement Proposals.--Any change proposed by the Secretary of Defense or the Commission regarding reducing the amount of military retired pay (or its rate of growth) or the manner by which members of the uniformed services become entitled to retired pay shall not apply to a member or former member of the uniformed services who first became a member before January 1, 2013. The rule of construction in section 1411(a) of title 10, United States Code, shall apply in determining when a member of the uniformed services first became a member.

   Inserted: SEC. 1603. MEMBERSHIP AND ADMINISTRATION.

   Inserted: (a) Number and Appointment.--

   Inserted: (1) Number.--The Commission shall be composed of 9 members.

   Inserted: (2) Appointment.--

   Inserted: (A) President.--The President shall appoint five members of the Commission.

   Inserted: (B) HASC.--The Chairman and ranking member of the Committee on Armed Services of the House of Representatives shall each appoint one member of the Commission.

   Inserted: (C) SASC.--The Chairman and ranking member of the Committee on Armed Services of the Senate shall each appoint one member of the Commission.

   Inserted: (3) Time for appointment.--All appointments to the Commission shall be made before March 15, 2012.

   Inserted: (4) Qualifications.--Members of the Commission should be selected based on their knowledge and experience with the uniformed services and military compensation issues.

   Inserted: (b) Chairman.--The President shall designate one of the members of the Commission to serve as Chairman of the Commission.

   Inserted: (c) Terms.--Each member shall be appointed for the life of the Commission. A vacancy on the Commission shall be filled in the same manner as the original appointment.

   Inserted: (d) Meetings.--

   Inserted: (1) Frequency.--The Commission shall meet at the call of the Chairman or a majority of its members.

   Inserted: (2) First meeting.--The Commission shall hold its first meeting not later than April 1, 2012.

   Inserted: (3) Quorum.--Five members of the Commission shall constitute a quorum for purposes of voting, meeting, and holding hearings.

   Inserted: (4) Applicability of federal advisory committee act.--The Federal Advisory Committee Act (5 U.S.C. App. I) shall not apply to the Commission, except that the Commission shall hold public hearings.

   Inserted: (e) Pay and Travel Expenses.--

   Inserted: (1) Pay.--A member of the Commission shall be paid at the rate equal to the daily equivalent of the rate payable for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which the member is engaged in the actual performance of duties of the Commission.

   Inserted: (2) Travel expenses.--A member of the Commission shall receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code.

   Inserted: (f) Administrative Provisions.--

   Inserted: (1) Staff.--The Secretary of Defense shall detail such members of the Army, Navy, Air Force, and Marine Corps and civilian employees of the Department of Defense as may be necessary to serve as the staff of the Commission.

   Inserted: (2) Facilities.--The Secretary of Defense shall make office space available to the Commission to carry out its duties.

   Inserted: (3) Funding.--The Secretary of Defense shall use amounts appropriated to the Department of Defense for operation and maintenance and otherwise unobligated to cover the costs of the Commission.

   Inserted: SEC. 1604. REVIEW PROCESS AND REPORTING REQUIREMENTS.

   Inserted: (a) Submission of Proposals to Commission.--

   Inserted: (1) Role of secretary of defense.--Not later than June 1, 2012, the Secretary of Defense shall submit to the Commission for consideration by the Commission such proposals regarding changes to individual elements of military compensation or the structure or manner by which military compensation is provided to members of the uniformed services as the Secretary of Defense considers appropriate.

   Inserted: (2) Consultation.--The Secretary of Defense shall prepare the proposals under paragraph (1) in consultation with the Secretaries of the military departments, the Secretary of Homeland Security, with respect to the Coast Guard, the Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration, and the Secretary of Health and Human Services, with respect to the Public Health Service.

   Inserted: (3) Draft legislative language.--To the extent practicable, each change proposed by the Secretary of Defense under paragraph (1) shall include the draft legislative language necessary to effectuate the change in the law.

   Inserted: (b) Submission of Commission Recommendations.--

   Inserted: (1) Submission to president.--Not later than December 15, 2012, the Commission shall transmit to the President a report containing--

   Inserted: (A) the results of the review of military compensation conducted by the Commission; and

   Inserted: (B) the recommendations of the Commission (as described in section 1602(a)(2)), including the draft legislative language necessary to effectuate each recommendation.

   Inserted: (2) Majority requirement.--A recommendation may not be included in the report unless a majority of the members of the Commission affirmatively endorse the recommendation.

   Inserted: (3) Public document.--The report of the Commission shall be made public by printing in the Federal Register or other means.

   Inserted: (c) Review and Action by the President.--

   Inserted: (1) Review by the president.--Not later than February 28, 2013, the President shall complete a review of the report of the Commission and either approve or disapprove of the recommendations of the Commission. The recommendations may only be approved or disapproved in their entirety.

   Inserted: (2) Effect of approval.--If the President approves the recommendations of the Commission, the President shall transmit a copy of the report to the Congress, together with a certification of such approval.

   Inserted: (3) Effect of disapproval.--If the President disapproves the recommendations of the Commission, the President shall transmit to the Commission and Congress the reasons for that disapproval. The Commission shall terminate 30 days after the date on which the President transmits the disapproval notice.

   Inserted: SEC. 1605. EXPEDITED CONGRESSIONAL CONSIDERATION OF COMMISSION RECOMMENDATIONS.

   Inserted: (a) Introduction.--

   Inserted: (1) Introduction required.--If the report of the Commission is approved by the President pursuant to section 1604(c), the draft legislative language submitted pursuant to section 1604(b)(1)(B) as part of the report of the Commission shall be introduced as a bill--

   Inserted: (A) in the Senate (by request) on the next day on which the Senate is in session by the majority leader of the Senate or by a Member of the Senate designated by the majority leader of the Senate; and

   Inserted: (B) in the House of Representatives (by request) on the next legislative day by the majority leader of the House or by a Member of the House designated by the majority leader of the House.

   Inserted: (2) Form of legislation.--The military compensation bill shall contain the following:

   Inserted: (A) A title as follows: "A bill containing all of the legislative proposals regarding military compensation recommended by the Commission on Military Compensation and approved by the President.".

   Inserted: (B) A short title as follows: "The 'Military Compensation Reform Act of 2013'.".

   Inserted: (C) A text consisting of all of the draft legislative language contained in the report of the Commission and transmitted to Congress by the President.

   Inserted: (b) Referral.--The military compensation bill that is introduced in the House of Representatives shall be referred to the Committee on Armed Services of the House of Representatives. The military compensation bill that is introduced in the Senate shall be referred to the Committee on Armed Services of the Senate.

   Inserted: (c) Consideration in the House of Representatives.--

   Inserted: (1) Referral and reporting.--The Committee on Armed Services of the House of Representatives shall report the military compensation bill to the House without amendment not later than July 31, 2013. If the committee fails to report the military compensation bill within that period, it shall be in order to move that the House discharge the committee from further consideration of the bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion except 20 minutes of debate equally divided and controlled by the proponent and an opponent. If such a motion is adopted, the House shall proceed immediately to consider the military compensation bill in accordance with paragraphs (2) and (3). A motion to reconsider the vote by which the motion is disposed of shall not be in order.

   Inserted: (2) Proceeding to consideration.--After the Committee on Armed Services of the House of Representatives reports the military compensation bill to the House or has been discharged (other than by motion) from its consideration, it shall be in order to move to proceed to consider the military compensation bill in the House. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to the military compensation bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order.

   Inserted: (3) Consideration.--The military compensation bill shall be considered as read. All points of order against the military compensation bill and against its consideration are waived. The previous question shall be considered as ordered on the military compensation bill to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the military compensation bill. A motion to reconsider the vote on passage of the military compensation bill shall not be in order.

   Inserted: (4) Vote on passage.--The vote on passage of the military compensation bill shall occur not later than September 30, 2013.

   Inserted: (d) Expedited Procedure in the Senate.--

   Inserted: (1) Committee consideration.--The Committee on Armed Services of the Senate shall report the military compensation bill without any revision and with a favorable recommendation, an unfavorable recommendation, or without recommendation, not later than July 31, 2013. If the committee fails to report the bill within that period, the committee shall be automatically discharged from consideration of the bill, and the bill shall be placed on the appropriate calendar.

   Inserted: (2) Motion to proceed.--Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order, not later than 2 days of session after the date on which the military compensation bill is reported or discharged from the Committee on Armed Services of the Senate, for the majority leader of the Senate or the majority leader's designee to move to proceed to the consideration of the military compensation bill. It shall also be in order for any Member of the Senate to move to proceed to the consideration of the military compensation bill at any time after the conclusion of such 2-day period. A motion to proceed is in order even though a previous motion to the same effect has been disagreed to. All points of order against the motion to proceed to the military compensation bill are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the military compensation bill is agreed to, the military compensation bill shall remain the unfinished business until disposed of.

   Inserted: (3) Consideration.--All points of order against the military compensation bill and against consideration of the military compensation bill are waived. Consideration of the military compensation bill and of all debatable motions and appeals in connection therewith shall not exceed a total of 30 hours which shall be divided equally between the Majority and Minority Leaders or their designees. A motion further to limit debate on the military compensation bill is in order, shall require an affirmative vote of three-fifths of the Members duly chosen and sworn, and is not debatable. Any debatable motion or appeal is debatable for not to exceed 1 hour, to be divided equally between those favoring and those opposing the motion or appeal. All time used for consideration of the military compensation bill, including time used for quorum calls and voting, shall be counted against the total 30 hours of consideration.

   Inserted: (4) No amendments.--An amendment to the military compensation bill, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the military compensation bill, is not in order.

   Inserted: (5) Vote on passage.--If the Senate has voted to proceed to the military compensation bill, the vote on passage of the military compensation bill shall occur immediately following the conclusion of the debate on a military compensation bill, and a single quorum call at the conclusion of the debate if requested. The vote on passage of the military compensation bill shall occur not later than September 30, 2013.

   Inserted: (6) Rulings of the chair on procedure.--Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a military compensation bill shall be decided without debate.

   Inserted: (e) Amendment.--The military compensation bill shall not be subject to amendment in either the House of Representatives or the Senate.

   Inserted: (f) Consideration by the Other House.--If, before passing the military compensation bill, one House receives from the other House a military compensation bill--

   Inserted: (1) the military compensation bill of the other House shall not be referred to a committee; and

   Inserted: (2) the procedure in the receiving House shall be the same as if no military compensation bill had been received from the other House until the vote on passage, when the military compensation bill received from the other House shall supplant the military compensation bill of the receiving House.

   Inserted: (g) Rules to Coordinate Action With Other House.--

   Inserted: (1) Treatment of military compensation bill of other house.--If the Senate fails to introduce or consider a military compensation bill under this section, the military compensation bill of the House shall be entitled to expedited floor procedures under this section.

   Inserted: (2) Treatment of companion measures in the senate.--If following passage of the military compensation bill in the Senate, the Senate then receives the military compensation bill from the House of Representatives, the House-passed military compensation bill shall not be debatable. The vote on passage of the military compensation bill in the Senate shall be considered to be the vote on passage of the military compensation bill received from the House of Representatives.

   Inserted: (3) Vetoes.--If the President vetoes the military compensation bill, debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees.

   Inserted: (h) Loss of Privilege.--The provisions of this section shall cease to apply to the military compensation bill if the military compensation bill does not pass both Houses before October 1, 2013.

   Inserted: SEC. 1606. DEFINITIONS.

   Inserted: In this title:

   Inserted: (1) The term "Commission" means the Commission on Military Compensation.

   Inserted: (2) The term "military compensation" means all elements of military compensation provided to members of the uniformed services, including (but not limited to) the following:

   Inserted: (A) Regular military compensation (as defined in section 101(25) of title 37, United States Code).

   Inserted: (B) Special and incentive pays and allowances available under chapters 5 and 7 of title 37, United States Code, or other provisions of law.

   Inserted: (C) Retired pay computed under chapter 71 or 1223 of title 10, United States Code, separation pay available under section 1174, 1175, or 1175a of such title, disability separation pay available under section 1212 of such title, and combat-related special compensation available under section 1413a of such title.

   Inserted: (D) Annuities based on retired pay under chapter 73 of title 10, United States Code.

   Inserted: (E) Medical and dental care provided under chapter 55 of title 10, United States Code.

   Inserted: (F) Educational assistance and educational loan repayment programs provided under part III of subtitle A of title 10, United States Code.

   Inserted: (G) Commissary and exchange benefits and other activities conducted for the morale, welfare, and recreation of members of the uniformed services.

   Inserted: (3) The term "military compensation bill" means a bill consisting of the draft legislative language of the Commission that is introduced under section 1605(a).

   Inserted: (4) The term "retired pay" includes retainer pay paid under section 6330 of title 10, United States Code, or other provision of law.

   Inserted: (5) The term "uniformed services" has the meaning given that term in section 101(3) of title 37, United States Code. The term includes both the regular and reserve components.

   Inserted: SEC. 1607. TERMINATION.

   Inserted: The Commission shall terminate on September 30, 2013, unless earlier terminated pursuant to section 1604(c)(3).

   Original wording

   At the end of division A, add the following:

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As printed