Sec. 1079. Defense Resource Budgeting and Allocation Commission
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There is established a commission, to be known as the Defense Resource Budgeting and Allocation Commission . The purpose of the Commission is to develop a consensus on an effective and strategic approach to Department of Defense resource budgeting and allocation, including— by conducting an examination of the planning, programming, budgeting, and execution methodology of the Department; and by considering potential alternatives to such methodology to maximize the ability of the Department to equip itself in a timely manner to respond to current and emerging threats.
Subject to subparagraph (B), the Commission shall be composed of the following members: The Deputy Secretary of Defense. The Director of Cost Assessment and Program Evaluation for the Department of Defense. The Comptroller/Chief Financial Officer for the Department of Defense. The Deputy Director of the Office of Management and Budget. Three members appointed by the majority leader of the Senate, in consultation with the Chairman of the Committee on Armed Services of the Senate, one of whom shall be a member of the Senate and two of whom shall not be.
Two members appointed by the minority leader of the Senate, in consultation with the Ranking Member of the Committee on Armed Services of the Senate, one of whom shall be a member of the Senate and one of whom shall not be. Three members appointed by the Speaker of the House of Representatives, in consultation with the Chairman of the Committee on Armed Services of the House of Representatives, one of whom shall be a member of the House of Representatives and two of whom shall not be.
Two members appointed by the minority leader of the House of Representatives, in consultation with the ranking member of the Committee on Armed Services of the House of Representatives, one of whom shall be a Member of the House of Representatives and one of whom shall not be. The members of the Commission who are not members of Congress and who are appointed under clauses
(v)through
(viii)of subparagraph
(A)shall be individuals who are nationally recognized for expertise, knowledge, or experience in— planning, programming, budgeting, and execution methodology; budgeting methodologies and innovation; or the implementation or oversight of Department of Defense budgeting. An official who appoints members of the Commission may not appoint an individual as a member of the Commission if such individual possesses any personal or financial interest in the discharge of any of the duties of the Commission. All members of the Commission described in subparagraph
(A)shall possess an appropriate security clearance in accordance with applicable provisions of law concerning the handling of classified information. Members of the Commission appointed pursuant to subparagraph
(A)shall be appointed in a manner to ensure that, collectively, the members of the Commission— have significant— professional and academic experience in the planning, programming, budgeting, and executions system; resource allocation and financial management expertise from the private sector; and appropriations oversight experience from the legislative branch of the Government; and represent the broadest possible diversity based on gender, race, ethnicity, disability status, veteran status, sexual orientation, gender identity, national origin, and other demographic categories. The Commission shall have two co-chairs, selected from among the members of the Commission. One co-chair of the Commission shall be a member of the Democratic Party, and one co-chair shall be a member of the Republican Party. The individuals who serve as the co-chairs of the Commission shall be jointly agreed upon by the President, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, and the minority leader of the House of Representatives. Members of the Commission shall be appointed not later than 45 days after the date of the enactment of this Act. The Commission shall hold its initial meeting on or before the date that is 60 days after the date of the enactment of this Act. After its initial meeting, the Commission shall meet upon the call of the co-chairs of the Commission. Seven members of the Commission shall constitute a quorum for purposes of conducting business, except that two members of the Commission shall constitute a quorum for purposes of receiving testimony. Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner in which the original appointment was made. If vacancies in the Commission occur on any day that is 45 days after the date of the enactment of this Act, a quorum shall consist of a majority of the members of the Commission as of such day. The Commission shall act by resolution agreed to by a majority of the members of the Commission voting and present. The Commission may establish panels composed of less than the full membership of the Commission for purposes of carrying out the duties of the Commission under this title. The actions of any such panel shall be subject to the review and control of the Commission. Any findings and determinations made by such a panel shall not be considered the findings and determinations of the Commission unless approved by the Commission. Any member, agent, or staff of the Commission may, if authorized by the co-chairs of the Commission, take any action which the Commission is authorized to take pursuant to this title. The duties of the Commission are as follows: To define the core objectives and priorities of the strategic approach referred to in subsection (a). To weigh the costs and benefits of various strategic options for the Department of Defense to budget and allocate resources, including the planning, programming, budgeting, and execution methodology in effect as of the date of the enactment of this Act. To evaluate whether the strategic options described in paragraph
(2)are exclusive or complementary, the best means for executing such options, and how the Department of Defense should incorporate and implement such options within its budgeting methodology and strategy. To review and make determinations on the difficult choices present within such options, including how the Department can budget at the speed of relevance to address current and emerging threats while maintaining an appropriate degree of oversight from Congress. To review adversarial budgeting methodologies and strategies to understand if and how adversaries are able to meet current and future threats more or less successfully than the United States. To evaluate the effectiveness of the current resource budgeting and allocation methodology to meet current and emerging threats to the national security of the United States. In weighing the options for defending the United States, to consider possible structures and authorities that need to be established, revised, or augmented within the Federal Government. The Commission or, on the authorization of the Commission, any subcommittee or member thereof, may, for the purpose of carrying out the provisions of this section— hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths; and require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, and documents, as the Commission or such designated subcommittee or designated member considers necessary. Subpoenas may be issued under subparagraph (A)(ii) under the signature of the co-chairs of the Commission, and may be served by any person designated by such co-chairs. The provisions of sections 102 through 104 of the Revised Statutes of the United States ( 2 U.S.C. 192-194 ) shall apply in the case of any failure of a witness to comply with any subpoena or to testify when summoned under authority of this section. The Commission may, to such extent and in such amounts as are provided in advance in appropriation Acts, enter into contracts to enable the Commission to discharge its duties under this title. The Commission may secure directly from any executive department, agency, bureau, board, commission, office, independent establishment, or instrumentality of the Government information, suggestions, estimates, and statistics for the purposes of this title. Each such department, agency, bureau, board, commission, office, establishment, or instrumentality shall, to the extent authorized by law, furnish such information, suggestions, estimates, and statistics directly to the Commission, upon request of the co-chairs of the Commission. The Commission shall handle and protect all classified information provided to it under this paragraph in accordance with applicable statutes and regulations. The Secretary of Defense shall provide to the Commission, on a nonreimbursable basis, such administrative services, funds, staff, facilities, and other support services as are necessary for the performance of the Commission’s duties under this title. The Director of the Office of Management and Budget may provide the Commission, on a nonreimbursable basis, with such administrative services, staff, and other support services as the Commission may request. In addition to the assistance set forth in paragraphs
(1)and (2), other departments and agencies of the United States may provide the Commission such services, funds, facilities, staff, and other support as such departments and agencies consider advisable and as may be authorized by law. The Commission shall receive the full and timely cooperation of any official, department, or agency of the United States Government whose assistance is necessary, as jointly determined by the co-chairs selected under subsection (b)(2), or the fulfillment of the duties of the Commission, including the provision of full and current briefings and analyses. The Commission may use the United States postal services in the same manner and under the same conditions as the departments and agencies of the United States. No member or staff of the Commission may receive a gift or benefit by reason of the service of such member or staff to the Commission. Any Federal Government employee may be detailed to the Commission without reimbursement from the Commission, and such detailee shall retain the rights, status, and privileges of his or her regular employment without interruption. All staff of the Commission shall possess a security clearance in accordance with applicable laws and regulations concerning the handling of classified information. The Commission may procure the services of experts and consultants in accordance with section 3109 of title 5, United States Code, but at rates not to exceed the daily rate paid a person occupying a position at level IV of the Executive Schedule under section 5315 of such title. All experts and consultants employed by the Commission shall possess a security clearance in accordance with applicable laws and regulations concerning the handling of classified information. Except as provided in subparagraph (B), each member of the Commission may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day during which that member is engaged in the actual performance of the duties of the Commission under this title. Members of the Commission who are officers or employees of the United States or Members of Congress shall receive no additional pay by reason of their service on the Commission. While away from their homes or regular places of business in the performance of services for the Commission, members of the Commission may be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code. The Secretary of Defense shall assume responsibility for the handling and disposition of any information related to the national security of the United States that is received, considered, or used by the Commission under this title. Any information related to the national security of the United States that is provided to the Commission by the congressional armed services committees may not be further provided or released without the approval of the chairman of such committees. Notwithstanding any other provision of law, after the termination of the Commission under subsection (k)(2), only the members and designated staff of the Committees on Armed Services of the Senate and House of Representatives, the Secretary of Defense (and the designees of the Secretary), and such other officials of the executive branch as the President may designate shall have access to information related to the national security of the United States that is received, considered, or used by the Commission. Not later than September 1, 2022, the Commission shall submit to the Committees on Armed Services of the Senate and House of Representatives, the Secretary of Defense, and the Director of Office of Management and Budget a final report containing the findings of the Commission. The Commission, and all the authorities of this section, shall terminate at the end of the 120-day period beginning on the date on which the final report under paragraph
(1)is submitted to the congressional armed services committees. The Commission may use the 120-day period referred to in subparagraph
(A)for the purposes of concluding its activities, including providing testimony to Congress concerning the final report referred to in that paragraph and disseminating the report. Not later than 60 days after receipt of the final report under subsection (k)(1), the Secretary of Defense and the Director of the Office of Management and Budget shall each submit to the Committees on Armed Service of the Senate and House of Representatives an assessment by the Director or the Secretary, as the case may be, of the final report. Each such assessment shall include such comments on the findings and recommendations contained in the final report, as the Director or Secretary, as the case may be, considers appropriate.
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- 2 USC 192-194
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Sec. 1079
Defense Resource Budgeting and Allocation Commission
Cite2 USC 192-194
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