II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Commission 

5 on the Future of the Army Act of 2014’’. 


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1 SEC. 2. PROHIBITION ON USE OF FISCAL YEAR 2015 FUNDS 

2 TO REDUCE END STRENGTHS OF ARMY PER3 SONNEL. 

4 None of the funds authorized to be appropriated or 

5 otherwise made available for fiscal year 2015 for the Army 

6 may be used to reduce or prepare to reduce personnel of 

7 the Army, including any cancellation of training, below the 

8 authorized fiscal year end strengths for personnel of the 

9 Army as follows: 

10 (1) 450,000 for active duty personnel of the 

11 Army. 

12 (2) 345,000 for the Army National Guard. 

13 (3) 195,000 for the Army Reserve. 

14 SEC. 3. LIMITATION ON USE OF FISCAL YEAR 2015 FUNDS 

15 FOR TRANSFER OR DIVESTMENT OF CERTAIN 

16 AIRCRAFT ASSIGNED TO THE ARMY NA17 TIONAL GUARD. 

18 (a) LIMITATION.— 

19 (1) AIRCRAFT.—None of the funds authorized 

20 to be appropriated or otherwise made available for 

21 fiscal year 2015 for the Army may be used to divest, 

22 retire, or transfer, or prepare to divest, retire, or 

23 transfer, any AH–64 Apache aircraft of the Army 

24 assigned to units of the Army National Guard as of 

25 January 15, 2014. 


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1 (2) PERSONNEL.—None of the funds author2 ized to be appropriated or otherwise made available 

3 for fiscal year 2015 for the Army may be used to 

4 reduce personnel related to any AH–64 Apache air5 craft of the Army National Guard below the levels 

6 of such personnel as of September 30, 2014. 

7 (3) READINESS OF AIRCRAFT AND CREWS.— 

8 The Secretary of the Army shall ensure the con9 tinuing readiness of the AH–64 Apache aircraft re10 ferred to in paragraph (1) and the crews of such air11 craft during fiscal year 2015, including through the 

12 allocation of funds for operation and maintenance 

13 and support of such aircraft and for personnel con14 nected with such aircraft as described in paragraph 

15 (2). 

16 (b) SCOPE OF LIMITATION.—Nothing in subsection 

17 (a) shall be construed to limit the use of funds described 

18 in that subsection for the training of members of the Army 

19 National Guard or Army Reserve who are pilots of Apache 

20 aircraft on any other aircraft. 

21 (c) EXCEPTION.—Notwithstanding subsection (a), 

22 funds described in that subsection may be used after the 

23 date of the report required by section 5(b)(3) to prepare 

24 for the transfer of not more than 72 AH–64 Apache air25 craft from the Army National Guard to the regular Army 


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1 if the Secretary of Defense certifies in writing to the con2 gressional defense committees that such a transfer would 

3 not— 

4 (1) degrade the strategic depth or regeneration 

5 capacities of the Army; 

6 (2) degrade the Army National Guard in its 

7 role as the combat reserve of the Army; and 

8 (3) occur before October 1, 2014. 

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

10 ARMY. 

11 (a) ESTABLISHMENT.—There is established the Na12 tional Commission on the Future of the Army (in this Act 

13 referred to as the ‘‘Commission’’). 

14 (b) MEMBERSHIP.— 

15 (1) COMPOSITION.—The Commission shall be 

16 composed of eight members, of whom— 

17 (A) 4 shall be appointed by the President; 

18 (B) 1 shall be appointed by the Chairman 

19 of the Committee on Armed Services of the 

20 Senate; 

21 (C) 1 shall be appointed by the Ranking 

22 Member of the Committee on Armed Services of 

23 the Senate; 


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1 (D) 1 shall be appointed by the Chairman 

2 of the Committee on Armed Services of the 

3 House of Representatives; and 

4 (E) 1 shall be appointed by the Ranking 

5 Member of the Committee on Armed Services of 

6 the House of Representatives. 

7 (2) APPOINTMENT DATE.—The appointments of 

8 the members of the Commission shall be made not 

9 later than 90 days after the date of the enactment 

10 of this Act. 

11 (3) EFFECT OF LACK OF APPOINTMENT BY AP12 POINTMENT DATE.—If 1 or more appointments 

13 under subparagraph (A) of paragraph (1) is not 

14 made by the appointment date specified in para15 graph (2), the authority to make such appointment 

16 or appointments shall expire, and the number of 

17 members of the Commission shall be reduced by the 

18 number equal to the number of appointments so not 

19 made. If an appointment under subparagraph (B), 

20 (C), (D), or (E) of paragraph (1) is not made by the 

21 appointment date specified in paragraph (2), the au22 thority to make an appointment under such subpara23 graph shall expire, and the number of members of 

24 the Commission shall be reduced by the number 


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1 equal to the number otherwise appointable under 

2 such subparagraph. 

3 (4) EXPERTISE.—In making appointments 

4 under this subsection, consideration should be given 

5 to individuals with expertise in reserve forces policy. 

6 (c) PERIOD OF APPOINTMENT; VACANCIES.—Mem7 bers shall be appointed for the life of the Commission. Any 

8 vacancy in the Commission shall not affect its powers, but 

9 shall be filled in the same manner as the original appoint10 ment. 

11 (d) CHAIR AND VICE CHAIR.—The Commission shall 

12 select a Chair and Vice Chair from among its members. 

13 (e) INITIAL MEETING.—Not later than 30 days after 

14 the date on which all members of the Commission have 

15 been appointed, the Commission shall hold its initial meet16 ing. 

17 (f) MEETINGS.—The Commission shall meet at the 

18 call of the Chair. 

19 (g) QUORUM.—A majority of the members of the 

20 Commission shall constitute a quorum, but a lesser num21 ber of members may hold hearings. 

22 (h) ADMINISTRATIVE AND PROCEDURAL AUTHORI23 TIES.—The following provisions of law do not apply to the 

24 Commission: 

25 (1) Section 3161 of title 5, United States Code. 


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1 (2) The Federal Advisory Committee Act (5 

2 U.S.C. App.). 

3 SEC. 5. DUTIES OF THE COMMISSION. 

4 (a) STUDY ON STRUCTURE OF THE ARMY.— 

5 (1) IN GENERAL.—The Commission shall un6 dertake a comprehensive study of the structure of 

7 the Army, and policy assumptions related to the size 

8 and force mixture of the Army, in order— 

9 (A) to determine the proper size and force 

10 mixture of the regular component of the Army 

11 and the reserve components of the Army, and 

12 (B) to make recommendations on how the 

13 structure should be modified to best fulfill cur14 rent and anticipated mission requirements for 

15 the Army in a manner consistent with available 

16 resources and anticipated future resources. 

17 (2) CONSIDERATIONS.—In undertaking the 

18 study required by subsection (a), the Commission 

19 shall give particular consideration to the following: 

20 (A) An evaluation and identification of a 

21 structure for the Army that— 

22 (i) has the depth and scalability to 

23 meet current and anticipated requirements 

24 of the combatant commands; 


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1 (ii) achieves a cost-efficiency balance 

2 between the regular and reserve compo3 nents of the Army, taking advantage of the 

4 unique strengths and capabilities of each, 

5 with a particular focus on fully burdened 

6 and lifecycle cost of Army personnel; 

7 (iii) ensures that the regular and re8 serve components of the Army have the ca9 pacity needed to support current and an10 ticipated homeland defense and disaster 

11 assistance missions in the United States; 

12 (iv) provides for sufficient numbers of 

13 regular members of the Army to provide a 

14 base of trained personnel from which the 

15 personnel of the reserve components of the 

16 Army could be recruited; and 

17 (v) maximizes and appropriately bal18 ances affordability, efficiency, effectiveness, 

19 capability, and readiness. 

20 (B) An evaluation and identification of 

21 force generation policies for the Army with re22 spect to size and force mixture in order to best 

23 fulfill current and anticipated mission require24 ments for the Army in a manner consistent 

25 with available resources and anticipated future 


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1 resources, including policies in connection 

2 with— 

3 (i) readiness; 

4 (ii) training; 

5 (iii) equipment; 

6 (iv) personnel; and 

7 (v) maintenance of the reserve compo8 nents in an operational state in order to 

9 maintain the level of expertise and experi10 ence developed since September 11, 2001. 

11 (b) STUDY ON PARTIAL TRANSFER OF CERTAIN AIR12 CRAFT.— 

13 (1) IN GENERAL.—The Commission shall also 

14 conduct a study of the feasibility and advisability of 

15 a partial transfer of Army National Guard AH–64 

16 Apache aircraft from the Army National Guard to 

17 the regular Army. 

18 (2) CONSIDERATIONS.—In conducting the study 

19 required by paragraph (1), the Commission shall 

20 consider the full cost and cost savings of the Army 

21 Aviation Restructuring Initiative as proposed for fis22 cal year 2015, including costs associated with re23 training, rebasing, and remissioning. 

24 (3) INTERIM REPORT.—Not later than 90 days 

25 after the appointment date for members of the ComVerDate Mar 15 2010 23:43 May 06, 2014 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2295.IS S2295

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1 mission specified in section 4(b)(2), the Commission 

2 shall submit to the President and the congressional 

3 defense committees a report setting forth the results 

4 of the study conducted under paragraph (1). 

5 (c) FINAL REPORT.—Not later than February 1, 

6 2016, the Commission shall submit to the President and 

7 the congressional defense committees a report setting 

8 forth a detailed statement of the findings and conclusions 

9 of the Commission as a result of the study required by 

10 subsection (a), together with its recommendations for such 

11 legislation and administrative actions as the Commission 

12 considers appropriate in light of the results of the study. 

13 SEC. 6. POWERS OF THE COMMISSION. 

14 (a) HEARINGS.—The Commission shall hold such 

15 hearings, sit and act at such times and places, take such 

16 testimony, and receive such evidence as the Commission 

17 considers advisable to carry out its duties under this Act. 

18 (b) INFORMATION FROM FEDERAL AGENCIES.—The 

19 Commission may secure directly from any Federal depart20 ment or agency such information as the Commission con21 siders necessary to carry out its duties under this Act. 

22 Upon request of the Chair of the Commission, the head 

23 of such department or agency shall furnish such informa24 tion to the Commission. 


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1 (c) POSTAL SERVICES.—The Commission may use 

2 the United States mails in the same manner and under 

3 the same conditions as other departments and agencies of 

4 the Federal Government. 

5 (d) GIFTS.—The Commission may accept, use, and 

6 dispose of gifts or donations of services or property. 

7 SEC. 7. COMMISSION PERSONNEL MATTERS. 

8 (a) COMPENSATION OF MEMBERS.—Each member of 

9 the Commission who is not an officer or employee of the 

10 Federal Government shall be compensated at a rate equal 

11 to the daily equivalent of the annual rate of basic pay pre12 scribed for level IV of the Executive Schedule under sec13 tion 5315 of title 5, United States Code, for each day (in14 cluding travel time) during which such member is engaged 

15 in the performance of the duties of the Commission. All 

16 members of the Commission who are officers or employees 

17 of the United States shall serve without compensation in 

18 addition to that received for their services as officers or 

19 employees of the United States. 

20 (b) TRAVEL EXPENSES.—The members of the Com21 mission shall be allowed travel expenses, including per 

22 diem in lieu of subsistence, at rates authorized for employ23 ees of agencies under subchapter I of chapter 57 of title 

24 5, United States Code, while away from their homes or 


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1 regular places of business in the performance of services 

2 for the Commission. 

3 (c) STAFF.— 

4 (1) IN GENERAL.—The Chair of the Commis5 sion may, without regard to the civil service laws 

6 and regulations, appoint and terminate an executive 

7 director and such other additional personnel as may 

8 be necessary to enable the Commission to perform 

9 its duties. The employment of an executive director 

10 shall be subject to confirmation by the Commission. 

11 (2) COMPENSATION.—The Chair of the Com12 mission may fix the compensation of the executive 

13 director and other personnel without regard to chap14 ter 51 and subchapter III of chapter 53 of title 5, 

15 United States Code, relating to classification of posi16 tions and General Schedule pay rates, except that 

17 the rate of pay for the executive director and other 

18 personnel may not exceed the rate payable for level 

19 V of the Executive Schedule under section 5316 of 

20 such title. 

21 (d) DETAIL OF GOVERNMENT EMPLOYEES.—Any 

22 Federal Government employee may be detailed to the 

23 Commission without reimbursement, and such detail shall 

24 be without interruption or loss of civil service status or 

25 privilege. 


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1 (e) PROCUREMENT OF TEMPORARY AND INTERMIT2 TENT SERVICES.—The Chair of the Commission may pro3 cure temporary and intermittent services under section 

4 3109(b) of title 5, United States Code, at rates for individ5 uals which do not exceed the daily equivalent of the annual 

6 rate of basic pay prescribed for level V of the Executive 

7 Schedule under section 5316 of such title. 

8 SEC. 8. TERMINATION OF THE COMMISSION. 

9 The Commission shall terminate 90 days after the 

10 date on which the Commission submits its final report 

11 under section 5(c). 

12 SEC. 9. CONGRESSIONAL DEFENSE COMMITTEES DEFINED. 

13 In this Act, the term ‘‘congressional defense commit14 tees’’ has the meaning given that term in section 

15 101(a)(16) of title 10, United States Code. 

16 SEC. 10. FUNDING. 

17 Amounts authorized to be appropriated for fiscal year 

18 2015 and available for operation and maintenance for the 

19 Army may be available for the activities of the Commission 

20 under this Act. 

Æ 


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