S.Amdt. 4096

SA 4096. Mr. McCAIN 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:

After section 502, insert the following:

SEC. 502A. REDUCTION IN NUMBER OF GENERAL AND FLAG OFFICERS.

(a) Plan for Achievement of Reduction.--
(1) In general.--Commencing not later than 120 days after
the date of the enactment of this Act, the Secretary of
Defense shall implement a plan to reduce the number of
general and flag officers authorized by sections 525 and 526
of title 10, United States Code, by a number that is not less
than 25 percent of the aggregate authorized baseline number
of general and flag officers specified in paragraph (2).
(2) Baseline.--The aggregate authorized baseline number of
general and flag officers specified in this paragraph is the
aggregate number of general and flag offices authorized by
sections 525 and 526 of title 10, United States Code, as of
December 31, 2015, and without regard to either of the
following:
(A) A reduction in the authorized number of general and
flag officer billets by reason of an amendment or repeal made
by section 502.
(B) A reduction in the number of general and flag officer
billets in connection with the consolidation of the medical
departments of the Army, Navy, and Air Force into the Defense
Health Agency pursuant to section 721.
(3) Elements.--The plan under this subsection shall achieve
the following:
(A) The total aggregate strength of officers in the grade
of general or admiral may not exceed the number equal to the
number of officers serving in the positions as follows:
(i) Chairman of the Joint Chiefs of Staff.
(ii) Vice Chairman of the Joint Chiefs of Staff.
(iii) Commander of each unified or specified combatant
command.
(iv) Commander, United States Forces Korea.
(v) An additional officer serving in a position designated
pursuant to section 526(b) of title 10, United States Code.
(vi) Chief of Staff of the Army.
(vii) Chief of Naval Operations.
(viii) Chief of Staff of the Air Force.
(ix) Commandant of the Marine Corps.
(x) Chief of the National Guard Bureau.
(xi) Three positions in each of the Army, the Navy, and the
Air Force designated by the Secretary for purposes of this
subsection.
(B) The total aggregate strength of officers in the grade
of lieutenant general or vice admiral may not exceed a number
equal to 25 percent of the aggregate number of officers
serving in the grade of brigadier general or rear admiral
(lower half).
(C) The total aggregate strength of officers in the grade
of brigadier general or rear admiral (lower half) may not
exceed the number equal to 50 percent of the aggregate
authorized baseline number of general and flag officers
specified in paragraph (2).
(4) Time for completion.--The plan shall be implemented so
as to achieve the requirements in paragraph (3) by not later
than December 31, 2017.
(5) Orderly transition.--
(A) In general.--In order to provide an orderly transition
for personnel in billets to be eliminated pursuant to the
plan, each general or flag officer who has not completed 24
months in a billet to be eliminated pursuant to the plan as
of December 31, 2017, may remain in such billet until the
last day of the month that is 24 months after the month in
which such officer assumed the duties of such billet.
(B) Report to congress on covered officers.--The Secretary
shall include in the annual report required by section 526(j)
of title 10, United States Code, in 2017 a description of the
billets in which an officer will remain pursuant to
subparagraph (A), including the latest date on which the
officer may remain in such billet pursuant to that
subparagraph.
(C) Notice to congress on detachment of covered officers.--
The Secretary shall submit to the Committees on Armed
Services of the Senate and the House of Representatives a
notice on the date on which each officer covered by
subparagraph (A) is detached from such officer's billet
pursuant to that subparagraph.
(6) Reports on progress in implementation.--The Secretary
shall include with the budget for the Department of Defense
for each of fiscal year 2018 and 2019, as submitted to
Congress pursuant to section 1105 of title 31, United States
Code, a report describing and assessing the progress of the
Department in implementing the plan and in achieving the
requirements of paragraph (3).
(b) Reductions.--
(1) In general.--In order to achieve the requirements of
the plan required by subsection (a), effective 30 days after
the commencement of the implementation of the plan, the
Secretary of Defense shall include with each nomination of an
officer to a grade above colonel or captain (in the case of
the Navy) that is forwarded by the President to the Senate
for appointment, by and with the advice and consent of the
Senate, a certification to the Committee on Armed Services of
the Senate that the appointment of the officer to the grade
concerned will not result in either of the following:
(A) An aggregate number of general and flag officers in
excess of the reduced aggregate number of general and flag
officers required by subsection (a)(1).
(B) A number of general and flag officers in excess of the
limitations on numbers in grade specified in subparagraphs
(A), (B), and (C) of subsection (a)(3).
(2) Implementation.--Not later than 120 days after the date
of the enactment of this Act, the Secretary shall revise
applicable guidance of the Department of Defense on general
and flag officer authorizations in order to ensure that--
(A) the achievement of the reductions required by
subsection (a) in incorporated into the planning for the
execution of promotions by the military departments and for
the joint pool;
(B) to the extent practicable, the resulting grades for
general and flag officer billets are uniformly applied to
billets of similar duties and responsibilities across the
military departments and the joint pool; and
(C) planning achieves a reduction in the headquarters
functions and administrative and support activities and
staffs of the Department of Defense and the military
departments as identified pursuant to the review required by
subsection (c).
(c) Comprehensive Review of Headquarters Staff and
Administrative and Support Activities.--
(1) In general.--The Secretary of Defense shall conduct a
comprehensive review of the headquarters functions and
administrative and support activities and staffs of the
Department of Defense and the military departments in light
of the reductions required by subsection (a), including
executive assistants, aides-de-camp, enlisted aides, and
similar support authorized for billets that will be
eliminated pursuant to that plan required by that subsection.
(2) Elements.--The review required by paragraph (1) shall
determine the following:
(A) The validated direct support staff requirements for
each general and flag officer billet that will remain after
the reduction pursuant to subsection (a).
(B) The extent, if any, to which the direct support staff
requirements of the general and flag officer billet covered
by subparagraph (A) may be consolidated with geographically
co-located authorized general and flag officer billets to
achieve efficiencies and personnel cost savings.
(C) The requirements and justification, if any, for each
general and flag officer billet covered by subparagraph (A)
to be authorized any of the following:
(i) To have an assigned personal protective detail.
(ii) To be assigned personnel on a permanent and dedicated
support basis as follows:

(I) An aide to provide access to continuous and secure
communications.
(II) An executive assistant.
(III) An aide-de-camp.
(IV) An enlisted aide,

(iii) To be a required-use user of military aircraft.
(iv) To be provided domicile-to-work transportation.
(v) To use armored or specialized motor vehicle support in
the performance of official duties.
(vi) To control for the officer's official use any
aircraft, boat, or similar military conveyance.
(vii) To be required to occupy Government quarters.
(D) The extent, if any, to which each billet covered by
subparagraph (A) qualifies for joint duty credit.

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(E) A frequency for the regular review of each billet
covered by subparagraph (A) for the matters specified in
subparagraphs (A) through (D), including such a review each
time an officer detaches from such billet.
(F) To the extent that the reductions required by
subsection (a) are likely to result in reductions in
headquarters functions and administrative and support
activities and staffs as described in paragraph (1),
mechanisms to accomplish reductions in such staffs in a
manner that, to the extent practicable, avoids adverse
professional and personnel consequences for the personnel of
such staffs.
(G) The extent, if any, to which reductions in military and
civilian end-strength associated with general or flag officer
billets could be used to create, build, or fill shortages in
force structure for operational units.
(3) Consultation.--The Secretary shall, to the extent
practicable and as the Secretary considers appropriate,
conduct the review required by paragraph (1) in consultation
with the Joint Chiefs of Staff and experts on matters covered
by the review who are independent of the Department of
Defense.
(4) Report.--Not later than March 1, 2017, the Secretary
shall submit to the congressional defense committees a report
setting forth the results of the review required by paragraph
(1).
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