Washington, D.C. ­– U.S. Senator John McCain (R-AZ), Chairman of the Senate Armed Services Committee, delivered the following opening statement today at a hearing on Department of Defense nominations:

“The Senate Armed Services Committee meets today to consider the nominations of:

• “Mr. Anthony M. Kurta to be Principal Deputy Under Secretary of Defense for Personnel and Readiness;
• “Mr. James E. McPherson to be General Counsel of the Department of the Army; and
• “Mr. Gregory E. Maggs to be a Judge of the United States Court of Appeals for the Armed Forces.

“We thank you all for joining us this morning. We also welcome your family and friends here with us today. As is our tradition, at the beginning of your testimony we invite you to introduce those who are joining you.

“Mr. Kurta, the military readiness crisis has impacted every service—from ship collisions, aircraft crashes, and vehicle accidents to personnel shortages in critical roles like aviation and cybersecurity. The Department is struggling to make due with budgets that are too small, unpredictable, and driven by politics rather than strategy. Sadly, personnel and readiness are often hardest hit by the tough choices made in this environment—and the ones who lose out are our men and women in uniform.

“I am particularly concerned with the military’s ability to recruit and retain the high-quality Americans required to maintain an effective all-volunteer force. Outdated policies like the Defense Officer Personnel Management Act (or DOPMA) mandate an overly rigid system that is increasingly unable to cope with the demands of the modern force. One of today’s most pressing personnel challenges is the worsening pilot shortage. We have heard over and over that flying time and career stability are crucial to solving this crisis. Yet, DOPMA-driven personnel policies require pilots to assume numerous staff assignments, relocate every 2-3 years, and complete military education courses—all in order to be promoted according to inflexible timelines. All of this is done to turn every officer into the military’s next general or admiral. Well, not every officer wants or needs to be a general officer, and it’s about time we figured out how to allow for more variety in military careers. If confirmed, this committee will look to you to help us modernize the personnel system to make the military more effective and efficient—and more attractive to young Americans interested in public service.

“Mr. McPherson, if confirmed, you will serve as legal adviser to the Secretary of the Army and the chief legal officer of the Department of the Army. As a former Judge Advocate General of the Navy, you are well aware of the importance of the relationship between the General Counsel of a military department and the top JAG for that service.

“Our Army faces a number of challenges, from the readiness crisis to glaring gaps in capabilities and modernization. Meanwhile, our soldiers face an operational tempo that is not slowing down. If confirmed, this Committee expects that you will work closely with the service’s military and civilian leadership to ensure that the Army has the requisite legal authorities required to address these readiness and modernization challenges. I look forward to hearing your views on these issues, as well as on military justice challenges, such as sexual assault, that continue to be a focus of this Committee.

“Mr. Maggs, if confirmed, you will be responsible for reviewing the decisions of the military Courts of Criminal Appeals. You will be expected to correct legal errors and provide civilian oversight of the military justice system. Given your record of military and civilian service in the legal realm, you would bring a breadth and depth of experience to this important position.

“This Committee has been at the forefront of recent changes to the military justice system, including the passage of the Military Justice Act of 2016—the most significant military justice reform in years. Neither I nor any of my colleagues would expect you, as nominee to be a judge, to comment on a matter that might cause you to be disqualified on a future case before the court. However, we look forward to hearing your views on the state of military justice.

“I thank our witnesses again for their willingness to serve and look forward to their testimony.”

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