COMMISSION ON THE NATIONAL DEFENSE STRATEGY.

SEC. 1095. COMMISSION ON THE NATIONAL DEFENSE STRATEGY. (a) Establishment.— (1) In general.—As of the date specified in paragraph (2), there is established an independent commission in the legislative branch to be known as the “Commission on the National Defense Strategy” (in this section referred to as the “Commission”). (2) Date specified.—The date specified in this paragraph is the date that is not later than 15 days after the date on which the Secretary of Defense provides a national defense strategy as required by section 113(g) of title 10, United States Code. (3) Purpose.—The purpose of the Commission is to examine and make recommendations with respect to the national defense strategy of the United States. (4) Scope and duties.—In order to provide the fullest understanding of the national defense strategy the Commission shall perform the following duties: (A) The Commission shall review the most recent national defense strategy of the United States including the assumptions, strategic objectives, priority missions, major investments in defense capabilities, force posture and structure, operational concepts, and strategic and military risks associated with the strategy. (B) The Commission shall conduct a comprehensive assessment of the strategic environment, including— (i) United States interests; (ii) the threats to the national security of the United States, including both traditional and non-traditional threats; (iii) the size and shape of the force; (iv) the readiness of the force; (v) the posture, structure, and capabilities of the force; (vi) allocation of resources; and (vii) the strategic and military risks present in the national defense strategy. (5) Commission report and recommendations.— (A) Report.— (i) In general.—Not later than one year after the date of establishment of the Commission, the Commission shall transmit to the President and Congress a report containing the review and assessment conducted under paragraph (4), together with any recommendations of the Commission. (ii) Contents.—The report required by clause (i) shall include the following elements: (I) An appraisal of the strategic environment, including an examination of the traditional and non-traditional threats to the United States, and the potential for conflicts arising from such threats and security challenges. (II) An evaluation of the strategic objectives of the Department of Defense for near-peer competition in support of the national security interests of the United States. (III) A review of the military missions for which the Department of Defense should prepare, including missions that support the interagency and a whole-of-government strategy. (IV) An identification of any gaps or redundancies in the roles and missions assigned to the Armed Forces necessary to carry out military missions identified in subclause (III), and the roles and capabilities provided by other Federal agencies and by allies and international partners. (V) An assessment of how the national defense strategy leverages other elements of national power across the interagency to counter near-peer competitors. (VI) An evaluation of the resources necessary to support the strategy, including budget recommendations. (VII) An examination of the efforts by the Department of Defense to develop new and innovative operational concepts to enable the United States to more effectively counter near-peer competitors. (VIII) An analysis of the force planning construct, including— (aa) the size and shape of the force; (bb) the posture, structure, and capabilities of the force; (cc) the readiness of the force; (dd) infrastructure and organizational adjustments to the force; (ee) modifications to personnel requirements, including professional military education; and (ff) other elements of the defense program necessary to support the strategy. (IX) An assessment of the risks associated with the strategy, including the relationships and tradeoffs between missions, risks, and resources. (X) The findings and conclusions of the Commission, together with such recommendations for such legislative actions as the Commission considers appropriate. (XI) Any other elements the Commission considers appropriate. (B) Briefings.— (i) In general.—Not later than 180 days after the date of the establishment of the Commission, the Commission shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the status of the review and assessment required by paragraph (4), including a discussion of any interim recommendations. (ii) Interim briefings.—At the request of the Chair and Ranking Member of the Committee on Armed Services of the Senate, or the Chair and Ranking Member of the Committee on Armed Services of the House of Representatives, the Commission shall provide the requesting Committee with interim briefings in addition to the briefing required by clause (i). (C) Form of report.—The report required under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex. (6) Powers of commission.— (A) Hearings.—The Commission may 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 section. (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 section. Upon request of the Chair of the Commission, the head of such department or agency shall furnish such information to the Commission. (C) Use of postal service.—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) Authority to accept gifts.— (i) In general.—The Commission may accept, use, and dispose of gifts or donations of services, goods, and property from non-Federal entities for the purposes of aiding and facilitating the work of the Commission. The authority under this paragraph does not extend to gifts of money. (ii) Documentation; conflicts of interest.—The Commission shall document gifts accepted under the authority provided by clause (i) and shall avoid conflicts of interest or the appearance of conflicts of interest. (iii) Compliance with congressional ethics rules.—Except as specifically provided in this section, a member of the Commission shall comply with rules set forth by the Select Committee on Ethics of the Senate and the Committee on Ethics of the House of Representatives governing employees of the Senate and the House of Representatives, respectively. (b) Membership.— (1) Composition.—The Commission shall be composed of eight members, of whom— (A) one shall be appointed by the Speaker of the House of Representatives; (B) one shall be appointed by the Minority Leader of the House of Representatives; (C) one shall be appointed by the Majority Leader of the Senate; (D) one shall be appointed by the Minority Leader of the Senate; (E) one shall be appointed by the Chairman of the Committee on Armed Services of the Senate; (F) one shall be appointed by the Ranking Member of the Committee on Armed Services of the Senate; (G) one shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives; and (H) one shall be appointed by the Ranking Member of the Committee on Armed Services of the House of Representatives. (2) Chair and vice chair.— (A) Chair.—The Chair of the Committee on Armed Services of the Senate and the Chair of the Committee on Armed Services of the House of Representatives, with the concurrence of the Majority Leader of the Senate and the Speaker of the House of Representatives, shall jointly designate one member of the Commission to serve as Chair of the Commission. (B) Vice chair.—The Ranking Member of the Committee on Armed Services of the Senate and the Ranking Member of the Committee on Armed Services of the House of Representatives, with the concurrence of the Minority Leader of the Senate and the Minority Leader of the House of Representatives, shall jointly designate one member of the Commission to serve as Vice Chair of the Commission. (3) Appointments.— (A) Appointment date.—Members shall be appointed to the Commission under paragraph (1) by not later than 60 days after the date of the establishment of the Commission. (B) Effect of non-appointment.— (i) In general.—If an appointment under this subsection is not made by the date specified under subparagraph (A), the authority to make such appointment shall devolve to a member of Congress of the same party and same chamber eligible to appoint under this subsection. (ii) Expiration of appointment authority.—If an appointment is not made within 90 days of establishment, the authority to make such appointment shall expire. (C) Restriction on appointment.—Officers or employees of the Federal Government (other than experts or consultants the services of which are procured under section 3109 of title 5, United States Code) may not be appointed as members of the Commission. Nothing in this subparagraph precludes the appointment of any retired or former officer or employee of the Federal government. (D) Restriction on members of congress.—Members of Congress may not serve on the Commission. (4) Period of appointment; vacancies; removal of members.— (A) Appointment duration.—Members shall be appointed for the life of the Commission. (B) Vacancies.—Any vacancy in the Commission shall not affect its powers, but shall be filled in the same manner as the original appointment. (C) Removal of members.—A member may be removed from the Commission for cause by the individual serving in the position responsible for the original appointment of such member under subsection (b)(1), provided that notice has first been provided to such member of the cause for removal and voted and agreed upon by three quarters of the members serving. A vacancy created by the removal of a member under this subsection shall not affect the powers of the Commission, and shall be filled in the same manner as the original appointment was made. (5) Quorum.—.A majority of the members serving on the Commission shall constitute a quorum. (6) Initial meeting.—Not later than 30 days after the date on which all members of the Commission have been appointed as published in the Congressional Record, the Commission shall hold its initial meeting. (c) Personnel Matters.— (1) Status as federal employees.—Notwithstanding the requirements of section 2105 of title 5, United States Code, including the required supervision under subsection (a)(3) of such section, members of the Commission shall be deemed to be Federal employees in the legislative branch subject to all the laws and policies applicable to legislative branch employees. (2) Oath of office.—Notwithstanding the provision of section 2903(b) of title 5, United States Code, an employee of an Executive Branch agency, otherwise authorized to administer oaths under section 2903 of title 5, United States Code, may administer the oath of office to Commissioners for the purpose of their service to the Commission. (3) Security clearances.—The appropriate Federal departments or agencies shall cooperate with the Commission in expeditiously providing to the Commission members and staff appropriate security clearances to the extent possible pursuant to existing procedures and requirements, except that no person may be provided with access to classified information under this Act without the appropriate security clearances. (4) Pay for members.—Each member of the Commission may be compensated at a rate not to exceed the daily equivalent of the annual rate of basic pay payable 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 additional to that received for their services as officers or employees of the United States. (5) Staff.— (A) Executive director.—The Chair of the Commission may appoint and fix the rate of basic pay for an Executive Director in accordance with section 3161 of title 5, United States Code. (B) Commission staff.—The Executive Director may appoint and fix the rate of basic pay for additional personnel as staff of the Commission in accordance with section 3161 of title 5, United States Code. (C) Detailees authorized.—On a reimbursable or non-reimbursable basis, the heads of departments and agencies of the Federal Government may provide, and the Commission may accept personnel detailed from such departments and agencies, including active-duty military personnel. (D) Travel expenses.—The members and staff 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. (d) Support.— (1) Assistance from department of defense.— (A) In general.—Of the amounts authorized to be appropriated for the Department of Defense for support of the Commission, the Secretary may make transfers to the Commission for Commission expenses, including compensation of Commission members, officers, and employees, and provision of other such services, funds, facilities, and other support services as necessary for the performance of the Commission’s functions. Funds made available to support and provide assistance to the Commission may be used for payment of compensation of members, officers, and employees of the Commission without transfer under this subparagraph. Amounts transferred under this subparagraph shall remain available until expended. Transfer authority provided by this subparagraph is in addition to any other transfer authority provided by law. Section 2215 of title 10, United States Code, shall not apply to a transfer of funds under this subparagraph. (B) Treasury account authorized.—The Secretary of the Treasury may establish an account or accounts for the Commission from which any amounts transferred under this clause may be used for activities of the Commission. (2) Liaison.—The Secretary shall designate at least one officer or employee of the Department of Defense to serve as a liaison officer between the Department and the Commission. (3) Additional support.—To the extent that funds are available for such purpose, or on a reimbursable basis, the Secretary may, at the request of the Chair of the Commission— (A) enter into contracts for the acquisition of administrative supplies and equipment for use by the Commission; and (B) make available the services of a Federal funded research and development center or an independent, nongovernmental organization, described under section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code. (4) Preliminary administrative support authorized.—Upon the appointment of the Chair and Vice Chair under subsection (b), the Secretary may provide administrative support authorized under this section necessary to facilitate the standing up of the Commission. (e) Termination of Commission.—The Commission shall terminate 90 days after the submission of the report required by subsection (a)(5)(A).