II 113th CONGRESS 2d Session S. 2295 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. Short title This Act may be cited as the National Commission on the Future of the Army Act of 2014 . 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. 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. 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.). 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. 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. 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. 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). 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. 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.