National Commission on the Future of the Army Act of 2014 - Prohibits the use of funds made available for FY2015 for the Army to: (1) reduce Army personnel below the authorized fiscal year end strengths of 450,000 for active duty personnel of the Army, 345,000 for the Army National Guard, and 195,000 for the Army Reserve; or (2) divest, retire, or transfer any AH-64 Apache aircraft assigned to units of the Army National Guard as of January 15, 2014, or to reduce related personnel below the levels of such personnel as of September 30, 2014.
Directs the Secretary of the Army to ensure the continuing readiness of the AH-64 Apache aircraft and crews during FY2015.
Permits the use of such funds, after the Commission established by this Act submits its interim report, 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 (DOD) certifies 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.
Establishes the National Commission on the Future of the Army, which shall: (1) undertake a comprehensive study of the structure of the Army and policy assumptions related to its size and force mixture in order to make recommendations on how the structure should be modified to best fulfill mission requirements in a manner consistent with available resources, and (2) submit a final report to the President and the congressional defense committees by February 1, 2016. Directs the Commission to study and submit an interim report on 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.
[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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Armed Services.
Sponsor introductory remarks on measure. (CR S2785-2786)
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