[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2295 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2295

To establish the National Commission on the Future of the Army, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 6, 2014

  Mr. Leahy (for himself, Mr. Graham, Ms. Mikulski, Mr. Cochran, Mr. 
 Tester, Mr. Alexander, Mr. Wyden, Mr. Risch, Mr. Coons, Mr. Johanns, 
 Mr. Walsh, Mr. Crapo, Mr. Donnelly, Mr. Lee, Mr. Markey, Mr. Roberts, 
  Mr. Manchin, Mr. Grassley, and Mr. Cardin) introduced the following 
   bill; which was read twice and referred to the Committee on Armed 
                                Services

_______________________________________________________________________

                                 A BILL


 
To establish the National Commission on the Future of the Army, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Commission on the Future of 
the Army Act of 2014''.

SEC. 2. PROHIBITION ON USE OF FISCAL YEAR 2015 FUNDS TO REDUCE END 
              STRENGTHS OF ARMY PERSONNEL.

    None of the funds authorized to be appropriated or otherwise made 
available for fiscal year 2015 for the Army may be used to reduce or 
prepare to reduce personnel of the Army, including any cancellation of 
training, below the authorized fiscal year end strengths for personnel 
of the Army as follows:
            (1) 450,000 for active duty personnel of the Army.
            (2) 345,000 for the Army National Guard.
            (3) 195,000 for the Army Reserve.

SEC. 3. LIMITATION ON USE OF FISCAL YEAR 2015 FUNDS FOR TRANSFER OR 
              DIVESTMENT OF CERTAIN AIRCRAFT ASSIGNED TO THE ARMY 
              NATIONAL GUARD.

    (a) Limitation.--
            (1) Aircraft.--None of the funds authorized to be 
        appropriated or otherwise made available for fiscal year 2015 
        for the Army may be used to divest, retire, or transfer, or 
        prepare to divest, retire, or transfer, any AH-64 Apache 
        aircraft of the Army assigned to units of the Army National 
        Guard as of January 15, 2014.
            (2) Personnel.--None of the funds authorized to be 
        appropriated or otherwise made available for fiscal year 2015 
        for the Army may be used to reduce personnel related to any AH-
        64 Apache aircraft of the Army National Guard below the levels 
        of such personnel as of September 30, 2014.
            (3) Readiness of aircraft and crews.--The Secretary of the 
        Army shall ensure the continuing readiness of the AH-64 Apache 
        aircraft referred to in paragraph (1) and the crews of such 
        aircraft during fiscal year 2015, including through the 
        allocation of funds for operation and maintenance and support 
        of such aircraft and for personnel connected with such aircraft 
        as described in paragraph (2).
    (b) Scope of Limitation.--Nothing in subsection (a) shall be 
construed to limit the use of funds described in that subsection for 
the training of members of the Army National Guard or Army Reserve who 
are pilots of Apache aircraft on any other aircraft.
    (c) Exception.--Notwithstanding subsection (a), funds described in 
that subsection may be used after the date of the report required by 
section 5(b)(3) to prepare for the transfer of not more than 72 AH-64 
Apache aircraft from the Army National Guard to the regular Army if the 
Secretary of Defense certifies in writing to the congressional defense 
committees that such a transfer would not--
            (1) degrade the strategic depth or regeneration capacities 
        of the Army;
            (2) degrade the Army National Guard in its role as the 
        combat reserve of the Army; and
            (3) occur before October 1, 2014.

SEC. 4. NATIONAL COMMISSION ON THE FUTURE OF THE ARMY.

    (a) Establishment.--There is established the National Commission on 
the Future of the Army (in this Act referred to as the ``Commission'').
    (b) Membership.--
            (1) Composition.--The Commission shall be composed of eight 
        members, of whom--
                    (A) 4 shall be appointed by the President;
                    (B) 1 shall be appointed by the Chairman of the 
                Committee on Armed Services of the Senate;
                    (C) 1 shall be appointed by the Ranking Member of 
                the Committee on Armed Services of the Senate;
                    (D) 1 shall be appointed by the Chairman of the 
                Committee on Armed Services of the House of 
                Representatives; and
                    (E) 1 shall be appointed by the Ranking Member of 
                the Committee on Armed Services of the House of 
                Representatives.
            (2) Appointment date.--The appointments of the members of 
        the Commission shall be made not later than 90 days after the 
        date of the enactment of this Act.
            (3) Effect of lack of appointment by appointment date.--If 
        1 or more appointments under subparagraph (A) of paragraph (1) 
        is not made by the appointment date specified in paragraph (2), 
        the authority to make such appointment or appointments shall 
        expire, and the number of members of the Commission shall be 
        reduced by the number equal to the number of appointments so 
        not made. If an appointment under subparagraph (B), (C), (D), 
        or (E) of paragraph (1) is not made by the appointment date 
        specified in paragraph (2), the authority to make an 
        appointment under such subparagraph shall expire, and the 
        number of members of the Commission shall be reduced by the 
        number equal to the number otherwise appointable under such 
        subparagraph.
            (4) Expertise.--In making appointments under this 
        subsection, consideration should be given to individuals with 
        expertise in reserve forces policy.
    (c) Period of Appointment; Vacancies.--Members shall be appointed 
for the life of the Commission. Any vacancy in the Commission shall not 
affect its powers, but shall be filled in the same manner as the 
original appointment.
    (d) Chair and Vice Chair.--The Commission shall select a Chair and 
Vice Chair from among its members.
    (e) Initial Meeting.--Not later than 30 days after the date on 
which all members of the Commission have been appointed, the Commission 
shall hold its initial meeting.
    (f) Meetings.--The Commission shall meet at the call of the Chair.
    (g) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (h) Administrative and Procedural Authorities.--The following 
provisions of law do not apply to the Commission:
            (1) Section 3161 of title 5, United States Code.
            (2) The Federal Advisory Committee Act (5 U.S.C. App.).

SEC. 5. DUTIES OF THE COMMISSION.

    (a) Study on Structure of the Army.--
            (1) In general.--The Commission shall undertake a 
        comprehensive study of the structure of the Army, and policy 
        assumptions related to the size and force mixture of the Army, 
        in order--
                    (A) to determine the proper size and force mixture 
                of the regular component of the Army and the reserve 
                components of the Army, and
                    (B) to make recommendations on how the structure 
                should be modified to best fulfill current and 
                anticipated mission requirements for the Army in a 
                manner consistent with available resources and 
                anticipated future resources.
            (2) Considerations.--In undertaking the study required by 
        subsection (a), the Commission shall give particular 
        consideration to the following:
                    (A) An evaluation and identification of a structure 
                for the Army that--
                            (i) has the depth and scalability to meet 
                        current and anticipated requirements of the 
                        combatant commands;
                            (ii) achieves a cost-efficiency balance 
                        between the regular and reserve components of 
                        the Army, taking advantage of the unique 
                        strengths and capabilities of each, with a 
                        particular focus on fully burdened and 
                        lifecycle cost of Army personnel;
                            (iii) ensures that the regular and reserve 
                        components of the Army have the capacity needed 
                        to support current and anticipated homeland 
                        defense and disaster assistance missions in the 
                        United States;
                            (iv) provides for sufficient numbers of 
                        regular members of the Army to provide a base 
                        of trained personnel from which the personnel 
                        of the reserve components of the Army could be 
                        recruited; and
                            (v) maximizes and appropriately balances 
                        affordability, efficiency, effectiveness, 
                        capability, and readiness.
                    (B) An evaluation and identification of force 
                generation policies for the Army with respect to size 
                and force mixture in order to best fulfill current and 
                anticipated mission requirements for the Army in a 
                manner consistent with available resources and 
                anticipated future resources, including policies in 
                connection with--
                            (i) readiness;
                            (ii) training;
                            (iii) equipment;
                            (iv) personnel; and
                            (v) maintenance of the reserve components 
                        in an operational state in order to maintain 
                        the level of expertise and experience developed 
                        since September 11, 2001.
    (b) Study on Partial Transfer of Certain Aircraft.--
            (1) In general.--The Commission shall also conduct a study 
        of the feasibility and advisability of a partial transfer of 
        Army National Guard AH-64 Apache aircraft from the Army 
        National Guard to the regular Army.
            (2) Considerations.--In conducting the study required by 
        paragraph (1), the Commission shall consider the full cost and 
        cost savings of the Army Aviation Restructuring Initiative as 
        proposed for fiscal year 2015, including costs associated with 
        retraining, rebasing, and remissioning.
            (3) Interim report.--Not later than 90 days after the 
        appointment date for members of the Commission specified in 
        section 4(b)(2), the Commission shall submit to the President 
        and the congressional defense committees a report setting forth 
        the results of the study conducted under paragraph (1).
    (c) Final Report.--Not later than February 1, 2016, the Commission 
shall submit to the President and the congressional defense committees 
a report setting forth a detailed statement of the findings and 
conclusions of the Commission as a result of the study required by 
subsection (a), together with its recommendations for such legislation 
and administrative actions as the Commission considers appropriate in 
light of the results of the study.

SEC. 6. POWERS OF THE COMMISSION.

    (a) Hearings.--The Commission shall 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 its duties 
under this Act.
    (b) Information From Federal Agencies.--The Commission may secure 
directly from any Federal department or agency such information as the 
Commission considers necessary to carry out its duties under this Act. 
Upon request of the Chair of the Commission, the head of such 
department or agency shall furnish such information to the Commission.
    (c) Postal Services.--The Commission may use the United States 
mails in the same manner and under the same conditions as other 
departments and agencies of the Federal Government.
    (d) Gifts.--The Commission may accept, use, and dispose of gifts or 
donations of services or property.

SEC. 7. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--Each 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 such member is engaged in the performance of 
the duties of the Commission. All members of the Commission who are 
officers or employees of the United States shall serve without 
compensation in addition to that received for their services as 
officers or employees of the United States.
    (b) Travel Expenses.--The members of the Commission shall 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.
    (c) Staff.--
            (1) In general.--The Chair of the Commission may, without 
        regard to the civil service 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.
            (2) Compensation.--The Chair 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.
    (d) 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 service 
status or privilege.
    (e) Procurement of Temporary and Intermittent Services.--The Chair 
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.

SEC. 8. TERMINATION OF THE COMMISSION.

    The Commission shall terminate 90 days after the date on which the 
Commission submits its final report under section 5(c).

SEC. 9. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    In this Act, the term ``congressional defense committees'' has the 
meaning given that term in section 101(a)(16) of title 10, United 
States Code.

SEC. 10. FUNDING.

    Amounts authorized to be appropriated for fiscal year 2015 and 
available for operation and maintenance for the Army may be available 
for the activities of the Commission under this Act.
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