S.Amdt. 3128

1. Adds SEC. 1048. BIPARTISAN INDEPENDENT STRATEGIC REVIEW PANEL at the end of subtitle E of title X

   Adds a section

   In S. 3254 · Placed on Calendar Senate

   (C) the additional amount of funds recommended in connection with the justification or objectives described for such program or activity under subparagraph (B).

   Inserted: SEC. 1048. BIPARTISAN INDEPENDENT STRATEGIC REVIEW PANEL.

   Inserted: (a) Bipartisan Independent Strategic Review Panel.--

   Inserted: (1) Establishment.--Chapter 2 of title 10, United States Code, is amended by inserting after section 118b the following new section:

   Inserted: "Sec. 118c. Bipartisan independent strategic review panel

   Inserted: "(a) Establishment.--There is established a bipartisan independent strategic review panel (in this section referred to as the 'Panel') to conduct a regular review of the national defense strategic environment of the United States and to conduct an independent assessment of the quadrennial defense review required under section 118 of this title.

   Inserted: "(b) Membership.--

   Inserted: "(1) Appointment.--The Panel shall be composed of 12 members from civilian life with a recognized expertise in national security matters who shall be appointed as follows:

   Inserted: "(A) Four members shall be appointed by the Secretary of Defense, of whom not more than three members shall be of the same political party.

   Inserted: "(B) Two members shall be appointed by the chair of the Committee on Armed Services of the House of Representatives.

   Inserted: "(C) Two members shall be appointed by the chair of the Committee on Armed Services of the Senate.

   Inserted: "(D) Two members shall be appointed by the ranking minority member of the Committee on Armed Services of the House of Representatives.

   Inserted: "(E) Two members shall be appointed by the ranking minority member of the Committee on Armed Services of the Senate.

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   Inserted: "(2) Initial members: appointment date and term of service.--

   Inserted: "(A) Appointment date.--The initial members of the Panel shall be appointed under paragraph (1) not later than January 30, 2013.

   Inserted: "(B) Terms.--(i) The Secretary of Defense shall designate two initial members of the Panel appointed under paragraph (1)(A) to serve terms that expire on December 31, 2013, and two such initial members to serve terms that expire on December 31, 2014.

   Inserted: "(ii) The chair of the Committee on Armed Services of the House of Representatives shall designate one initial member of the Panel appointed under paragraph (1)(B) to serve a term that expires on December 31, 2013, and one such initial member to serve a term that expires on December 31, 2014.

   Inserted: "(iii) The chair of the Committee on Armed Services of the Senate shall designate one initial member of the Panel appointed under paragraph (1)(C) to serve a term that expires on December 31, 2013, and one such initial member to serve a term that expires on December 31, 2014.

   Inserted: "(iv) The ranking minority member of the Committee on Armed Services of the House of Representatives shall designate one initial member of the Panel appointed under paragraph (1)(D) to serve a term that expires on December 31, 2013, and one such initial member to serve a term that expires on December 31, 2014.

   Inserted: "(v) The ranking minority member of the Committee on Armed Services of the Senate shall designate one initial member of the Panel appointed under paragraph (1)(E) to serve a term that expires on December 31, 2013, and one such initial member to serve a term that expires on December 31, 2014.

   Inserted: "(3) Chairs.--The Secretary of Defense shall designate two members appointed pursuant to paragraph (1)(A) that are not of the same political party to serve as the Chairs of the Panel.

   Inserted: "(4) Vacancies.--(A) A vacancy in the Panel shall be filled in the same manner as the original appointment and not later than 30 days after the date on which the vacancy begins.

   Inserted: "(B) A member of the Panel appointed to fill a vacancy shall be appointed for a term that expires--

   Inserted: "(i) in the case of an appointment to fill a vacancy resulting from a person not serving the entire term for which such person was appointed, at the end of the remainder of such term; and

   Inserted: "(ii) in the case of an appointment to fill a vacancy resulting from the expiration of the term of a member of the panel, two years after the date on which the term of such member expired.

   Inserted: "(5) Reappointment.--Members of the Panel may be reappointed to the Panel for additional terms of service.

   Inserted: "(6) Pay.--The members of the Panel shall serve without pay

   Inserted: "(7) Travel expenses.--Each member of the Panel shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5.

   Inserted: "(c) Duties.--

   Inserted: "(1) Review of national defense strategic environment.--The Panel shall every four years, during a year following a year evenly divisible by four, review the national defense strategic environment of the United States. Such review shall include a review and assessment of--

   Inserted: "(A) the national defense environment, including challenges and opportunities;

   Inserted: "(B) the national defense strategy and policy;

   Inserted: "(C) the national defense roles, missions, and organizations; and

   Inserted: "(D) the risks to the national defense of the United States and how such risks affect challenges and opportunities to national defense.

   Inserted: "(2) Additional reviews.--The Panel may conduct additional reviews under paragraph (1) as requested by Congress or the Secretary of Defense, or when the Panel determines a significant change in the national defense environment has occurred that would warrant new recommendations from the Panel.

   Inserted: "(3) Assessment of quadrennial defense review.--The Panel shall conduct an assessment of each quadrennial defense review required to be conducted under section 118 of this title. Each assessment shall include--

   Inserted: "(A) a review of the Secretary of Defense's terms of reference, and any other materials providing the basis for, or substantial inputs to, the work of the Department of Defense on such quadrennial defense review;

   Inserted: "(B) an assessment of the assumptions, strategy, findings, and risks in the report of the Secretary of Defense on such quadrennial defense review required under section 118(d) of this title, with particular attention paid to the risks described in such a report;

   Inserted: "(C) an independent assessment of a variety of possible force structures for the armed forces, including the force structure identified in the report required under such section 118(d); and

   Inserted: "(D) a review of the resource requirements identified in such quadrennial defense review pursuant to section 118(b)(3) of this title and, to the extent practicable, a general comparison of such resource requirements with the resource requirements to support the forces contemplated under the force structures assessed under subparagraph (C).

   Inserted: "(d) Administrative Provisions.--

   Inserted: "(1) Staff.--

   Inserted: "(A) In general.--The Chairs of the Panel may, without regard to the civil service laws and regulations, appoint and terminate an executive director and not more than 11 additional personnel, as may be necessary to enable the Panel to perform the duties of the Panel.

   Inserted: "(B) Compensation.--The Chairs of the Panel may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to the 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.

   Inserted: "(2) Detail of government employees.--Any Federal Government employee may be detailed to the Panel without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.

   Inserted: "(3) Procurement of temporary and intermittent services.--The Chairs of the Panel may procure temporary and intermittent services under section 3109(b) of title 5 at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay for level V of the Executive Schedule under section 5316 of such title.

   Inserted: "(4) Provision of information.--The Panel may request directly from the Department of Defense and any of its components such information as the Panel considers necessary to carry out its duties under this section. The head of the department or agency concerned shall cooperate with the Panel to ensure that information requested by the Panel under this paragraph is promptly provided to the maximum extent practical.

   Inserted: "(5) Use of certain department of defense resources.--Upon the request of the Chairs of the Panel, the Secretary of Defense shall make available to the Panel the services of any Federally-funded research and development center that is covered by a sponsoring agreement of the Department of Defense.

   Inserted: "(6) Funding.--Funds for activities of the Panel shall be provided from amounts available to the Department of Defense.

   Inserted: "(e) Reports.--

   Inserted: "(1) Review of national defense strategic environment.--Not later than June 30 of a year following a year evenly divisible by four, the Panel shall submit to the congressional defense committees, the Secretary of Defense, and the National Security Council a report containing the results of the review conducted under subsection (c)(1) and any recommendations or other matters that the Panel considers appropriate.

   Inserted: "(2) Assessment of quadrennial defense review.--Not later than 90 days after the date on which a report on a quadrennial defense review is submitted to Congress under section 118(d) of this title, the Panel shall submit to the congressional defense committees and the Secretary of Defense a report containing the results of the assessment conducted under subsection (c)(3) and any recommendations or other matters that the Panel considers appropriate.".

   Inserted: (2) Clerical amendment.--The table of sections at the beginning of chapter 2 of such title is amended by inserting after the item relating to section 118b adding at the end the following new item:

   Inserted: "118c. Bipartisan independent strategic review panel.".

   Inserted: (b) Updates From Secretary of Defense on Progress of Quadrennial Defense Review.--Section 118(f) of title 10, United States Code, is amended to read as follows:

   Inserted: "(f) Updates to Bipartisan Independent Strategic Review Panel.--The Secretary of Defense shall ensure that periodically, but not less often than every 60 days, or at the request of the Chairs of the bipartisan independent strategic review panel established by section 118c(a) of this title, the Department of Defense briefs the panel on the progress of the conduct of a quadrennial defense review under subsection (a).".

   Inserted: (c) Bipartisan Independent Strategic Review of the Army.--

   Inserted: (1) Review required.--Not later than 30 days after the date on which all initial members of the bipartisan independent strategic review panel are appointed under section 118c(b) of title 10, United States Code (as added by subsection (a)), the Panel shall begin a review of the future of the Army.

   Inserted: (2) Elements.--The review required under paragraph (1) shall include a review and assessment of--

   Inserted: (A) the validity and utility of the scenarios and planning assumptions the Army used to develop the current force structure of the Army;

   Inserted: (B) such force structure and an evaluation of the adequacy of such force structure for meeting the goals of the national military strategy of the United States;

   Inserted: (C) the size and structure of elements of the Army, in particular the United States Army Training and Doctrine Command, the United States Army Materiel Command, and corps and higher headquarters elements;

   Inserted: (D) potential alternative force structures of the Army; and

   Inserted: (E) the resource requirements of each of the alternative force structures analyzed by the Panel.

   Inserted: (3) Report.--

   Inserted: (A) Panel report.--Not later than one year after the date on which the Panel begins the review required by paragraph (1), the Panel shall submit to the congressional defense committees and the Secretary of Defense a report containing the findings and recommendations of the Panel, including any recommendations concerning changes to the planned size and composition of the Army.

   Inserted: (B) Additional views.--The report required by subparagraph (A) shall include any additional or dissenting views of a member of the Panel that such member considers appropriate to include in the report.

   Inserted: (4) Definitions.--In this subsection:

   Inserted: (A) The term "Army" includes the reserve components of the Army.

   Inserted: (B) The terms "bipartisan independent strategic review panel" and "Panel" mean the bipartisan independent strategic review panel established by section 118c(a) of title 10, United States Code (as so added).

   Original wording

   At the end of subtitle E of title X, add the following:

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As printed