,,ii #aacth ,,congress #b;d ,session ,s4 #bbie ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #f1 #bjad ,mr4 ,leahy 7for himself1 ,mr4 ,graham1 ,ms4 ,mikulski1 ,mr4 ,cochran1 ,mr4 ,tester1 ,mr4 ,alexander1 ,mr4 ,wyden1 ,mr4 ,risch1 ,mr4 ,coons1 ,mr4 ,johanns1 ,mr4 ,walsh1 ,mr4 ,crapo1 ,mr4 ,donnelly1 ,mr4 ,lee1 ,mr4 ,markey1 ,mr4 ,roberts1 ,mr4 ,manchin1 ,mr4 ,grassley1 and ,mr4 ,cardin7 introduced the following bill2 which was read twice and referred to the ,committee on ,armed ,services ,a ,,bill ,to establish the ,national ,commission on the ,future of the ,army1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,national ,commission on the ,future of the ,army ,act of #bjad4 #b4 ,prohibition on use of fiscal year #bjae funds to reduce end strengths of ,army personnel ,none of the funds authorized to be appropriated or otherwise made available for fiscal year #bjae for the ,army may be used to reduce or prepare to reduce personnel of the ,army1 including any cancellation of training1 below the authorized fiscal year end strengths for personnel of the ,army as follows3 7#a7 #dej1jjj for active duty personnel of the ,army4 7#b7 #cde1jjj for the ,army ,national ,guard4 7#c7 #aie1jjj for the ,army ,reserve4 #c4 ,limitation on use of fiscal year #bjae funds for transfer or divestment of certain aircraft assigned to the ,army ,national ,guard 7a7 ,limitation 7#a7 ,aircraft ,none of the funds authorized to be appropriated or otherwise made available for fiscal year #bjae for the ,army may be used to divest1 retire1 or transfer1 or prepare to divest1 retire1 or transfer1 any ,,ah-#fd ,apache aircraft of the ,army assigned to units of the ,army ,national ,guard as of ,january #ae1 #bjad4 7#b7 ,personnel ,none of the funds authorized to be appropriated or otherwise made available for fiscal year #bjae for the ,army may be used to reduce personnel related to any ,,ah-#fd ,apache aircraft of the ,army ,national ,guard below the levels of such personnel as of ,september #cj1 #bjad4 7#c7 ,readiness of aircraft and crews ,the ,secretary of the ,army shall ensure the continuing readiness of the ,,ah-#fd ,apache aircraft referred to in paragraph 7#a7 and the crews of such aircraft during fiscal year #bjae1 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 7#b74 7b7 ,scope of limitation ,nothing in subsection 7a7 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 aircraft4 7c7 ,exception ,notwithstanding subsection 7a71 funds described in that subsection may be used after the date of the report required by section #e7;b77#c7 to prepare for the transfer of not more than #gb ,,ah-#fd ,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-- 7#a7 degrade the strategic depth or regeneration capacities of the ,army2 7#b7 degrade the ,army ,national ,guard in its role as the combat reserve of the ,army2 and 7#c7 occur before ,october #a1 #bjad4 #d4 ,national ,commission on the ,future of the ,army 7a7 ,establishment ,there is established the ,national ,commission on the ,future of the ,army 7in this ,act referred to as the ,commission74 7b7 ,membership 7#a7 ,composition ,the ,commission shall be composed of eight members1 of whom-- 7,a7 #d shall be appointed by the ,president2 7,b7 #a shall be appointed by the ,chairman of the ,committee on ,armed ,services of the ,senate2 7,c7 #a shall be appointed by the ,ranking ,member of the ,committee on ,armed ,services of the ,senate2 7,d7 #a shall be appointed by the ,chairman of the ,committee on ,armed ,services of the ,house of ,representatives2 and 7,e7 #a shall be appointed by the ,ranking ,member of the ,committee on ,armed ,services of the ,house of ,representatives4 7#b7 ,appointment date ,the appointments of the members of the ,commission shall be made not later than #ij days after the date of the enactment of this ,act4 7#c7 ,effect of lack of appointment by appointment date ,if #a or more appointments under subparagraph 7,a7 of paragraph 7#a7 is not made by the appointment date specified in paragraph 7#b71 the authority to make such appointment or appointments shall expire1 and the number of members of the ,commission shall be reduced by the number equal to the number of appointments so not made4 ,if an appointment under subparagraph 7,b71 7,c71 7,d71 or 7,e7 of paragraph 7#a7 is not made by the appointment date specified in paragraph 7#b71 the authority to make an appointment under such subparagraph shall expire1 and the number of members of the ,commission shall be reduced by the number equal to the number otherwise appointable under such subparagraph4 7#d7 ,expertise ,in making appointments under this subsection1 consideration should be given to individuals with expertise in reserve forces policy4 7c7 ,period of appointment2 vacancies ,members shall be appointed for the life of the ,commission4 ,any vacancy in the ,commission shall not affect its powers1 but shall be filled in the same manner as the original appointment4 7d7 ,chair and vice chair ,the ,commission shall select a ,chair and ,vice ,chair from among its members4 7e7 ,initial meeting ,not later than #cj days after the date on which all members of the ,commission have been appointed1 the ,commission shall hold its initial meeting4 7f7 ,meetings ,the ,commission shall meet at the call of the ,chair4 7g7 ,quorum ,a majority of the members of the ,commission shall constitute a quorum1 but a lesser number of members may hold hearings4 7h7 ,administrative and procedural authorities ,the following provisions of law do not apply to the ,commission3 7#a7 ,section #cafa of title #e1 ,united ,states ,code4 7#b7 ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 #e4 ,duties of the ,commission 7a7 ,study on structure of the ,army 7#a7 ,in general ,the ,commission shall undertake a comprehensive study of the structure of the ,army1 and policy assumptions related to the size and force mixture of the ,army1 in order-- 7,a7 to determine the proper size and force mixture of the regular component of the ,army and the reserve components of the ,army1 and 7,b7 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 resources4 7#b7 ,considerations ,in undertaking the study required by subsection 7a71 the ,commission shall give particular consideration to the following3 7,a7 ,an evaluation and identification of a structure for the ,army that-- 7i7 has the depth and scalability to meet current and anticipated requirements of the combatant commands2 7ii7 achieves a cost-efficiency balance between the regular and reserve components of the ,army1 taking advantage of the unique strengths and capabilities of each1 with a particular focus on fully burdened and lifecycle cost of ,army personnel2 7iii7 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 ,states2 7iv7 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 recruited2 and 7v7 maximizes and appropriately balances affordability1 efficiency1 effectiveness1 capability1 and readiness4 7,b7 ,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 resources1 including policies in connection with-- 7i7 readiness2 7ii7 training2 7iii7 equipment2 7iv7 personnel2 and 7v7 maintenance of the reserve components in an operational state in order to maintain the level of expertise and experience developed since ,september #aa1 #bjja4 7b7 ,study on partial transfer of certain aircraft 7#a7 ,in general ,the ,commission shall also conduct a study of the feasibility and advisability of a partial transfer of ,army ,national ,guard ,,ah-#fd ,apache aircraft from the ,army ,national ,guard to the regular ,army4 7#b7 ,considerations ,in conducting the study required by paragraph 7#a71 the ,commission shall consider the full cost and cost savings of the ,army ,aviation ,restructuring ,initiative as proposed for fiscal year #bjae1 including costs associated with retraining1 rebasing1 and remissioning4 7#c7 ,interim report ,not later than #ij days after the appointment date for members of the ,commission specified in section #d7;b77#b71 the ,commission shall submit to the ,president and the congressional defense committees a report setting forth the results of the study conducted under paragraph 7#a74 7c7 ,final report ,not later than ,february #a1 #bjaf1 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 7a71 together with its recommendations for such legislation and administrative actions as the ,commission considers appropriate in light of the results of the study4 #f4 ,powers of the ,commission 7a7 ,hearings ,the ,commission shall hold such hearings1 sit and act at such times and places1 take such testimony1 and receive such evidence as the ,commission considers advisable to carry out its duties under this ,act4 7b7 ,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 ,act4 ,upon request of the ,chair of the ,commission1 the head of such department or agency shall furnish such information to the ,commission4 7c7 ,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 ,government4 7d7 ,gifts ,the ,commission may accept1 use1 and dispose of gifts or donations of services or property4 #g4 ,commission personnel matters 7a7 ,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 #ecae of title #e1 ,united ,states ,code1 for each day 7including travel time7 during which such member is engaged in the performance of the duties of the ,commission4 ,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 ,states4 7b7 ,travel expenses ,the members of the ,commission shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,commission4 7c7 ,staff 7#a7 ,in general ,the ,chair of the ,commission may1 without regard to the civil service laws and regulations1 appoint and terminate an executive director and such other additional personnel as may be necessary to enable the ,commission to perform its duties4 ,the employment of an executive director shall be subject to confirmation by the ,commission4 7#b7 ,compensation ,the ,chair of the ,commission may fix the compensation of the executive director and other personnel without regard to chapter #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 relating to classification of positions and ,general ,schedule pay rates1 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 #ecaf of such title4 7d7 ,detail of government employees ,any ,federal ,government employee may be detailed to the ,commission without reimbursement1 and such detail shall be without interruption or loss of civil service status or privilege4 7e7 ,procurement of temporary and intermittent services ,the ,chair of the ,commission may procure temporary and intermittent services under section #caji7;b7 of title #e1 ,united ,states ,code1 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 #ecaf of such title4 #h4 ,termination of the ,commission ,the ,commission shall terminate #ij days after the date on which the ,commission submits its final report under section #e7;c74 #i4 ,congressional defense committees defined ,in this ,act1 the term congressional defense committees has the meaning given that term in section #aja7;a77#af7 of title #aj1 ,united ,states ,code4 #aj4 ,funding ,amounts authorized to be appropriated for fiscal year #bjae and available for operation and maintenance for the ,army may be available for the activities of the ,commission under this ,act4