S.Amdt. 626Senate116th Congress (2019-2021)
S.Amdt. 626
Sponsored by
Sen. Jerry Moran (R-KS)
Submitted June 13, 2019
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Senate amendment submitted
June 13, 2019
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Submitted
SA 626. Mr. MORAN submitted an amendment intended to be proposed by him to the bill S. 1790, to authorize appropriations for fiscal year 2020 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 appropriate place in title X, insert the following: SEC. ___. JOHN S. MCCAIN COMMISSION ON THE SUSTAINABILITY OF THE ALL-VOLUNTEER FORCE. (a) Establishment of Commission.-- (1) Establishment.-- (A) In general.--There is established a commission to carry out a comprehensive examination on the sustainability and underpinnings of the all-volunteer nature of the Armed Forces from the perspective of members of the Armed Forces and veterans, with respect to all phases of the lives of such members and veterans, from service in the Armed Forces through civilian life, including recruiting, retention, transition, and enduring vigilance. (B) Designation.--The commission established by subparagraph (A) shall be known as the ``John S. McCain Commission on the Sustainability of the All-Volunteer Force'' (in this section referred to as the ``Commission''). (2) Membership.-- (A) Composition.--The Commission shall be composed of 12 members of whom-- (i) one shall be appointed by the Chairman of the Committee on Armed Services of the Senate; (ii) one shall be appointed by the Ranking Member of the Committee on Armed Services of the Senate; (iii) one shall be appointed by the Chairman of the Committee on Veterans' Affairs of the Senate; (iv) one shall be appointed by the Ranking Member of the Committee on Veterans' Affairs of the Senate; (v) one shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives; (vi) one shall be appointed by the Ranking Member of the Committee on Armed Services of the House of Representatives; (vii) one shall be appointed by the Chairman of Committee on Veterans' Affairs of the House of Representatives; (viii) one shall be appointed by the Ranking Member of the Committee on Veterans' Affairs of the House of Representatives; (ix) one member appointed by the majority leader of the Senate; (x) one member appointed by the minority leader of the Senate; (xi) one member appointed by the Speaker of the House of Representatives; and (xii) one member appointed by the minority leader of the House of Representatives. (B) Limitations.--A member of the Commission appointed under subparagraph (A)-- (i) shall be a citizen of the United States; (ii) may not be a member of Congress; and (iii) may not be an employee of the Federal Government. (C) Requirements.--The members of the Commission appointed under subparagraph (A) shall have appropriate and diverse experiences, expertise, and historical perspectives on veterans, military, organizational, and managerial matters. (D) Veteran status.--To the extent practicable, the members appointed under subparagraph (A) shall be veterans. (E) Nonvoting members.--In addition to the members appointed under subparagraph (A), the following shall be nonvoting members of the Commission: (i) The Under Secretary for Benefits of the Department of Veterans Affairs. (ii) The Under Secretary of Defense for Personnel and Readiness. (iii) The Assistant Secretary of Labor for Veterans' Employment and Training. (iv) The Associate Administrator for the Office of Veterans Business Development at the Small Business Administration. (F) Liaisons.-- (i) Government liaisons.--The Secretary of Veterans Affairs, the Secretary of Defense, the Secretary of Labor and the Administrator of the Small Business Administration shall each designate at least one officer or employee of the Veterans Benefits Administration, Department of Defense, the Department of Labor, and the Small Business Administration, respectively, to serve as a liaison to the Commission. (ii) Nongovernment liaisons.--Personnel associated with nongovernmental organizations with expertise or experience in the purpose and scope of the Commission may be assigned to support and serve the duties of the Commission. (G) Appointment date.--The appointments of the members of the Commission shall be made not later than 60 days after the date of the enactment of this Act. (H) Effect of lack of appointment by appointment date.--If one or more appointments under clauses (i), (ii), (iii), (iv), (v), (vi), (vii), (viii), or (ix) of subparagraph (A) is not made by the appointment date specified in subparagraph (G)-- (i) the authority to make such appointment or appointments shall expire; and (ii) the number of members of the Commission shall be reduced to the number so appointed. (3) Period of appointment.--Members of the Commission shall be appointed for the life of the Commission. (4) Vacancies.--A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (5) Meetings.-- (A) Initial meeting.--The Commission shall hold its first meeting not later than 30 days after a majority of members are appointed to the Commission. (B) Meeting.-- (i) In general.--The Commission shall regularly meet at the call of the chairperson of the Commission. (ii) Telecommunications technology.--Meetings of the Commission may be carried out through the use of telephonic or other appropriate telecommunication technology if the Commission determines that such technology will allow the Commission to communicate simultaneously. (6) Chairperson and vice chairperson.--A chairperson and vice chairperson of the Commission shall be selected from among the members of the Commission jointly by-- (A) the Chairman of the Committee on Armed Services of the Senate; (B) the Ranking Member of the Committee on Armed Services of the Senate; (C) the Chairman of the Committee on Veterans' Affairs of the Senate; (D) the Ranking Member of the Committee on Veterans' Affairs of the Senate; (E) the Chairman of the Committee on Armed Services of the House of Representatives; (F) the Ranking Member of the Committee on Armed Services of the House of Representatives; (G) the Chairman of Committee on Veterans' Affairs of the House of Representatives; (H) the Ranking Member of the Committee on Veterans' Affairs of the House of Representatives; (I) the majority leader of the Senate; (J) the minority leader of the Senate; (K) the Speaker of the House of Representatives; and (L) the minority leader of the House of Representatives. (7) Panels.-- (A) In general.--The Commission may establish panels composed of less than the full membership of the Commission for the purpose of carrying out the Commission's duties. (B) Actions.--The actions of a panel established by the Commission shall be subject to the review and control of the Commission. (C) Findings and determinations.--Any findings and determinations made by a panel established by the Commission shall not be considered the findings and determinations of the Commission unless approved by the Commission. (b) Duties.-- (1) General duties.-- (A) Review of the all-volunteer force.-- (i) In general.--The Commission shall review the adequacy and effectiveness of all aspects of the lifecycle of members of the Armed Forces as a critical aspect of the all-volunteer nature of the Armed Forces, including recruiting, retention, and the assistance services provided by government and nongovernmental entities to members of the Armed Forces in making the transition and adjustment to and throughout civilian life. (ii) Holistic focus on care.--The review required by clause (i) shall include a holistic focus on care from inception into the Department of Defense until death. (iii) Lines of effort.--The review required by clause (i) shall include establishment of particular lines of effort with a focus on the Department of Defense, the Department of Veterans Affairs, and nongovernmental organizations. (B) Identification of best practices and critical failures.-- (i) List.-- (I) In general.--The Commission shall identify and compile a list of best practices and critical failures in meeting the needs of national security, members of the Armed Forces, and veterans at each phase of a transition from service in the Armed Forces to and throughout civilian life. (II) Resources.--In carrying out subclause (I), the Commission shall identify contemporary resource owners, both government and nongovernment, who affect the population of members of the Armed Forces and veterans, and identify how such resources flow to recipients. (ii) Requirement.--In carrying out clause (i), the Commission shall-- (I) analyze the Department of Defense National Resource Directory and the Department of Veterans Affairs databases that map [[Page S3615]] the benefits available to veterans and their families; and (II) determine where such directory and database fall short of meeting the transition needs of such veterans and families throughout civilian life. (C) Evaluation.--The Commission shall evaluate proposals for improving recruiting, retention and transition assistance and benefits programs, including proposals for alternative means of providing resources furnished by such programs. (D) Recommendations.--The Commission shall develop recommendations for legislative or administrative action to improve sustainability of the all-volunteer nature of the Armed Forces. (2) Reports.-- (A) Interim report.--Not later than 90 days after the date on which all members of the Commission have been appointed under subsection (b)(2), the Commission shall submit to the appropriate committees of Congress a report setting forth a plan for the work of the Commission. (B) Final report.--Not later than two years after the date of the first meeting of the Commission, the Commission shall submit to the appropriate committees of Congress a report setting for the activities, findings, and recommendations of the Commission, including such recommendations for legislative or administrative action as the Commission may consider appropriate. (c) Powers of the Commission.-- (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 the duties of the Commission. (2) Information from federal agencies.--The Commission may secure directly from any department or agency of the Federal Government such information as the Commission considers necessary to carry out the duties of the Commission. Upon request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (3) Information from nongovernmental organizations.--In carrying out its duties, the Commission may seek guidance and information through the consultation with foundations, veteran services organizations, nonprofit groups, faith-based organizations, private and public institutions of higher education, and such other organizations as the Commission determines appropriate. (4) Commission records.--The Commission shall keep an accurate and complete record of the actions and meetings of the Commission. Such records shall be made available for public inspection and the Comptroller General of the United States may audit and examine such records. (d) Commission Personnel Matters.-- (1) Compensation of members.--Each member of the Commission may be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which such member is engaged in performing the duties of the Commission. (2) Travel and travel expenses.--The members of the Commission may 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. (3) Staff.-- (A) In general.--The chairperson of the Commission may, without regard to civil services laws and regulations, appoint and terminate an executive director and such other 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. (B) Compensation.--The chairperson 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. (4) Detail of government employees.--Any Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil services status or privilege. (5) Procurement of temporary and intermittent services.-- The chairperson of the Commission may procure 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. (e) Termination of the Commission.--The Commission shall terminate 30 days after the date the Commission submits the final report under subsection (b)(3)(B). Members of the Commission may be consulted as necessary by the Departments of Defense and Veterans Affairs to carry out the strategy submitted under subsection (b)(4). (f) Funding.-- (1) In general.--The Secretary of Defense shall, upon the request of the chairperson of the Commission, make available to the Commission such amounts as the Commission may require to carry out its duties under this section. The Secretary shall make such amounts available from amounts appropriated for the Department of Defense, except that such amounts may not be from amounts appropriated for the Transition Assistance Program (TAP), or any similar program. (2) Availability.--Any sums made available to the Commission under paragraph (1) shall remain available, without fiscal year limitation, until the termination of the Commission. (g) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (B) the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives. (2) Armed forces and veterans.--The terms ``Armed Forces'' and ``veteran'' have the meanings given such terms in section 101 of title 38, United States Code. SEC. ___. NATIONAL STRATEGY FOR SUSTAINMENT OF THE ALL- VOLUNTEER FORCE. (a) Strategy Required.--Not later than 90 days after the date on which the John S. McCain Commission on the Sustainability of the All-Volunteer Force submits the final report under section 2(b)(2)(B), the Secretary of Defense and the Secretary of Veterans Affairs, in consultation with the Commission, shall submit to the appropriate committees of Congress a comprehensive strategy on sustaining the all- volunteer nature of the Armed Forces with emphasis on recruiting, retention, transition and enduring vigilance for the life-cycle of members of the Armed Forces, veterans, and their families. (b) Elements.--The strategy submitted under subsection (a) shall include the following: (1) An action plan for implementing the recommendations developed by the Commission on such solutions and remedies for sustaining the all-volunteer nature of the Armed Forces for the contemporary military. (2) A feasible timeframe for implementing changes in the Department of Defense and the Department of Veterans Affairs, department-wide, that the Commission considers necessary to improve the transition of members of the Armed Forces and veterans from service in the Armed Forces to civilian life. (3) A plan to engage with nongovernmental organizations to maximize civil initiatives and continuity of engagement on issues relevant to such transition. (4) A plan to update, expand, and maximize the capabilities of the National Resource Directory, including recommendations for the proper proponent of the Directory, the enactment of real-time updating, and full availability to those in need. (c) Designation.--The strategy submitted under subparagraph (A) shall be known as the ``National Strategy for Sustainment of the All-Volunteer Force''. (d) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate committees of Congress'' means-- (A) the Committee on Armed Services and the Committee on Veterans' Affairs of the Senate; and (B) the Committee on Armed Services and the Committee on Veterans' Affairs of the House of Representatives. (2) Armed forces and veterans.--The terms ``Armed Forces'' and ``veteran'' have the meanings given such terms in section 101 of title 38, United States Code. ______