S.Amdt. 4436

SA 4436. Mr. GRASSLEY (for himself, Mr. Sanders, and Mr. Braun)
submitted an amendment intended to be proposed to amendment SA 3867
submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 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 subtitle A of title X, add the following:

SEC. 1004. DEFENSE FINANCIAL SYSTEMS COMMISSION.

(a) Establishment.--There is established in the legislative
branch the Defense Financial Systems Commission (in this
section referred to as the ``Commission'').
(b) Duties.--
(1) In general.--The Commission shall--
(A) review the financial management systems of the
Department of Defense, including policies, procedures, and
past and planned investments;
(B) review the spending of the Department on financial
management systems, including new investments, operations and
maintenance, and legacy systems;
(C) determine which financial management systems of the
Department meet the standards described in paragraph (2);
(D) make recommendations to the Secretary of Defense and
the secretaries of the military departments with respect to--
(i) which financial management systems need to be replaced
or modified, and what new systems are needed, to ensure that
the financial management systems of the Department meet the
standards described in paragraph (2); and
(ii) improving such systems and related processes to ensure
effective internal control and ability to achieve auditable
financial statements and meet other financial management and
operational needs, including, as appropriate, recommendations
for both short-term and long-term actions; and
(E) assess the progress of the Department of Defense in
implementing any previous recommendations of the Commission.
(2) Standards described.--A financial management system
meets the standards described in this paragraph if the
system--
(A) complies with--
(i) the accounting principles, standards, and requirements
prescribed under section 3511 of title 31, United States
Code;
(ii) the most recent governmentwide financial management
plan prepared under section 3512 of that title; and
(iii) guidance and recommendations made by the Comptroller
General of the United States, the Inspector General of the
Department of Defense, and other auditors;
(B) addresses the findings of financial statement audits;
and
(C) provides reliable, useful, and timely information to
support the preparation of auditable financial statements and
meet other financial management and operational needs,
including, as appropriate, with respect to both short-term
and long-term actions.
(3) Report required.--Not later than March 31 and September
30 of fiscal year 2022 and each fiscal year thereafter, the
Commission shall submit to the Secretary of Defense, the
secretaries of the military departments, Congress, and the
Comptroller General of the United States a report that
includes--
(A) the findings of the reviews conducted under
subparagraphs (A) and (B) of paragraph (1);
(B) the determinations required by subparagraph (C) of that
paragraph;
(C) the recommendations required by subparagraph (D) of
paragraph (1);
(D) the results of the assessment required by subparagraph
(E) of that paragraph; and
(E) a description of the work the Commission plans to
conduct during the six-month period following submission of
the report.
(c) Commission Membership.--
(1) Number and appointment.--The Commission shall be
composed of three members appointed by the Comptroller
General of the United States.
(2) Qualifications; representation.--In appointing members
of the Commission, the Comptroller General shall include
individuals--
(A) knowledgeable of accounting, auditing, financial
management, information technology, data science, change
management, and the operating environment of the Department
of Defense; and
(B) to the extent feasible, who have relevant experience
based in--
(i) the Department;
(ii) the Federal Government (other than the Department);
and
(iii) the private sector.
(3) Terms.--
(A) In general.--A member of the Commission shall be
appointed for a term of 3 years, except that the Comptroller
General shall designate staggered terms for the members first
appointed.
(B) Vacancies.--
(i) In general.--A vacancy in the Commission shall be
filled in the manner in which the original appointment was
made.
(ii) Members appointed to fill vacancies.--Any member of
the Commission appointed to fill a vacancy occurring before
the expiration of the term for which the member's predecessor
was appointed shall be appointed only for the remainder of
that term.
(iii) Continuation of service till successor takes
office.--A member of the Commission may serve after the
expiration of that member's term until a successor has taken
office.
(4) Chairperson; vice chairperson.--
(A) In general.--The Comptroller General shall designate a
member of the Commission as the Chairperson and a member of
the Commission as the Vice Chairperson at the time of their
appointment and for that term of appointment.
(B) Vacancies.--If the member of the Commission designated
under subparagraph (A) as the Chairperson or the Vice
Chairperson leaves the Commission before the end of the
member's term, the Comptroller General may designate another
member of the Commission as the Chairperson or the Vice
Chairperson for the remainder of the term of that member's
term.
(d) Meetings.--The Commission shall meet at the call of the
Chairperson.
(e) Compensation and Employment Status of Members and
Staff.--
(1) Compensation of members.--A member of the Commission
who is not an officer or employee of the Federal Government
shall 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 the member is engaged in the performance of the duties
of the Board.
(2) Travel expenses.--A member of the Commission may be
paid 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 the member's home or regular place of
business in the performance of services for the Commission,
as authorized by the chairperson of the Commission.
(3) Financial disclosure requirements.--A member of the
Commission shall be considered an employee of Congress whose
compensation is disbursed by the Secretary of the Senate for
purposes of applying title I of the Ethics in Government Act
of 1978 (5 U.S.C. App.), except that a member of the
Commission is required to file public financial disclosure
reports without regard to their number of days of service or
rate of pay.
(4) Members employed by other agencies.--The employment
status and pay of a member of the Commission who is employed
by another Federal agency shall not be affected by the
service of the member on the Commission.
(5) Pay and benefits of staff of commission.--
(A) In general.--Subject to subparagraph (B), an employee
of the Commission (other than a member of the Commission)
shall, for purposes of pay and employment benefits, rights,
and privileges, be treated as an employee of the Senate.
(B) Congressional accountability act of 1995.--For purposes
of the Congressional Accountability Act of 1995 (2 U.S.C.
1301 et seq.), with respect to provisions of law covered by
part A of title II of that Act (2 U.S.C. 1311 et seq.)--
(i) an employee of the Commission shall be considered to be
an employee of the Senate, as defined in section 3 of that
Act (2 U.S.C. 1301); and
(ii) the Commission shall be considered to be the employing
office, as defined in that section, for that employee.
(6) Not treated as employees of government accountability
office.--Members and employees of the Commission may not be
treated as employees of the Government Accountability Office
for any purpose.
(f) Director and Staff; Experts and Consultants.--The
Commission shall hire such staff and engage such experts and
consultants knowledgeable of accounting, internal controls,
auditing, financial management, information technology, data
science, change management, and the operating environment of
the Department of Defense, as may be necessary to carry out
the duties of the Commission.
(g) Powers and Authorities.--Subject to such review as the
Comptroller General deems necessary to assure the efficient
administration of the Commission, the Commission may--
(1) employ and fix the compensation of an Executive
Director (subject to the approval of the Comptroller General)
and such other personnel as may be necessary to carry out the
duties of the Commission without regard to the provisions of
subchapter I of chapter

[[Page S7940]]

33 of title 5, United States Code, governing appointments in
the competitive service;
(2) seek such assistance and support as may be required in
the performance of the duties of the Commission from
appropriate Federal and State agencies;
(3) enter into such contracts or make such other
arrangements as may be necessary for the conduct of the work
of the Commission without regard to the requirements of
section 6101 of title 41, United States Code;
(4) make advance, progress, and other payments that relate
to the work of the Commission;
(5) provide transportation and subsistence for members,
staff, and persons serving without compensation; and
(6) prescribe such rules and regulations as the Commission
deems necessary with respect to the internal organization and
operation of the Commission.
(h) Obtaining Information From Other Federal Agencies.--
(1) Requests from commission.--The Commission may secure
directly from any Federal agency information necessary to
enable the Commission to carry out this section.
(2) Deadline for responses.--The head of a Federal agency
shall, not later than 30 days after receiving a request for
information from the Commission under paragraph (1) (unless
the Chairperson of the Commission agrees to a different
schedule), provide that information to the Commission.
(i) Oversight by Government Accountability Office.--
(1) Consultation with government accountability office.--
The Commission shall, not less frequently than once each
month, consult with the Comptroller General on the status of
its reviews, analysis, findings and recommendations, and
related subjects.
(2) Access of government accountability office to
information.--The Comptroller General shall have access to
all deliberations, records, data, and personnel of the
Commission, immediately upon request.
(3) Periodic audits.--The Commission shall be subject to
periodic audit by the Comptroller General.
(4) Reports by government accountability office to
congress.--Not later than 90 days after the Commission
submits each report required by subsection (b)(3), the
Comptroller General shall submit to Congress a report on the
work of the Commission and the implementation by the
Department of Defense of the recommendations of the
Commission.
(j) Applicability of Federal Advisory Committee Act.--The
Federal Advisory Committee Act (5 U.S.C. App) shall not apply
to the Commission.
(k) Funding.--
(1) In general.--Of amounts appropriated to any entity
within the Department of Defense for operation and
maintenance for fiscal year 2022 and each fiscal year
thereafter until the fiscal year in which the Commission
terminates under subsection (l), the Secretary of Defense
shall transfer to the Commission an amount determined with
the concurrence of the Comptroller General, which may not
exceed $10,000,000, for expenses the Commission determines
are necessary to carry out this section.
(2) Lack of concurrence.--If the Comptroller General does
not concur with the Secretary with respect to the amount to
be transferred to the Commission under paragraph (1), the
Secretary shall, not later than 5 calendar days after
receiving notice that the Comptroller General does not
concur, submit to the Commission, the Comptroller General,
and Congress a report explaining the reasons for the amount
transferred by the Secretary to the Commission. The
Commission shall post the report on a publicly available
internet website of the Commission.
(3) Availability.--Amounts transferred to the Commission
under paragraph (1) shall remain available until expended.
(l) Sunset.--The Commission shall terminate on the earlier
of--
(1) the date that is 90 days after the Commission
determines and report to Congress that the financial
management systems of the Department of Defense are in
compliance with the standards described in subsection (b)(2);
and
(2) the date that is five years after the date of the
enactment of this Act.
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