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(7) CONSIDERATION BY THE OTHER HOUSE.—If, 
before passing the military compensation and retire-
ment modernization bill, one House receives from the 
other a military compensation and retirement mod-
ernization bill— 
(A) the military compensation and retire-
ment modernization bill of the other House shall 
not be referred to a committee; and 
(B) the procedure in the receiving House 
shall be the same as if no military compensation 
and retirement modernization bill had been re-
ceived from the other House until the vote on 
passage, when the military compensation and re-
tirement modernization bill received from the 
other House shall supplant the military com-
pensation and retirement modernization bill of 
the receiving House. 
SEC. 1608. PAY FOR MEMBERS OF THE COMMISSION. 
(a) IN GENERAL.—Each member, other than the 
Chair, of the Commission shall be paid at a rate equal to 
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 the member is engaged in the actual 
performance of duties vested in the Commission. 
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(b) CHAIR.—The Chair of the Commission shall be 
paid at a rate equal to the daily equivalent of the annual 
rate of basic pay payable for level III of the Executive 
Schedule under section 5314, of title 5, United States Code, 
for each day (including travel time) during which the mem-
ber is engaged in the actual performance of duties vested 
in the Commission. 
SEC. 1609. EXECUTIVE DIRECTOR. 
(a) APPOINTMENT.—The Commission shall appoint 
and fix the rate of basic pay for an Executive Director in 
accordance with section 3161 of title 5, United States Code. 
(b) LIMITATIONS.—The Executive Director may not 
have served on active duty in the Armed Forces or as a 
civilian employee of the Department of Defense during the 
one-year period preceding the date of such appointment and 
may not have been employed by a veterans service organiza-
tion or a military-related advocacy group or association 
during that one-year period. 
SEC. 1610. STAFF. 
(a) IN GENERAL.—Subject to subsections (b) and (c), 
the Executive Director, with the approval of the Commis-
sion, may appoint and fix the rate of basic pay for addi-
tional personnel as staff of the Commission in accordance 
with section 3161 of title 5, United States Code. 
(b) LIMITATIONS ON STAFF.— 
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(1) NUMBER OF DETAILEES FROM DEPARTMENT 
OF DEFENSE.—Not more than one-third of the per-
sonnel employed by or detailed to the Commission 
may be on detail from the Department of Defense. 
(2) PRIOR DUTIES WITHIN DEPARTMENT OF DE-
FENSE.—A person may not be detailed from the De-
partment of Defense to the Commission if, in the year 
before the detail is to begin, that person participated 
personally and substantially in any matter within 
the Department concerning the preparation of rec-
ommendations for military compensation and retire-
ment modernization. 
(3) NUMBER OF DETAILEES ELIGIBLE FOR MILI-
TARY RETIRED PAY.—Not more than one-fourth of the 
personnel employed by or detailed to the Commission 
may be persons eligible for or receiving military re-
tired pay. 
(4) PRIOR EMPLOYMENT WITH CERTAIN ORGANI-
ZATIONS.—A person may not be employed by or de-
tailed to the Commission if, in the year before the em-
ployment or detail is to begin, that person was em-
ployed by a veterans service organization or a mili-
tary-related advocacy group or association. 
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(c) LIMITATIONS
ON PERFORMANCE REVIEWS.—No 
member of the Armed Forces, and no officer or employee 
of the Department of Defense, may— 
(1) prepare any report concerning the effective-
ness, fitness, or efficiency of the performance of the 
staff of the Commission or any person detailed from 
the Department to that staff; 
(2) review the preparation of such a report; or 
(3) approve or disapprove such a report. 
SEC. 1611. CONTRACTING AUTHORITY. 
The Commission may lease space and acquire personal 
property to the extent funds are available. 
SEC. 1612. JUDICIAL REVIEW PRECLUDED. 
The following shall not be subject to judicial review: 
(1) Actions of the President, the Secretary, and 
the Commission under section 1606. 
(2) Actions of the President under section 
1607(a). 
SEC. 1613. TERMINATION. 
Except as otherwise provided in this title, the Commis-
sion shall terminate not later than 26 months after the 
Commission establishment date. 
SEC. 1614. FUNDING. 
Of the amounts authorized to be appropriated by this 
division for the Department of Defense for fiscal year 2013, 
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up to $10,000,000 shall be available to the Commission to 
carry out its duties under this title. Funds available to the 
Commission under the preceding sentence shall remain 
available until expended. 
TITLE XVII—NATIONAL COMMIS-
SION ON THE STRUCTURE OF 
THE AIR FORCE 
SEC. 1701. SHORT TITLE. 
This title may be cited as the ‘‘National Commission 
on the Structure of the Air Force Act of 2012’’. 
SEC. 1702. ESTABLISHMENT OF COMMISSION. 
(a) ESTABLISHMENT.—There is established the Na-
tional Commission on the Structure of the Air Force (in 
this title referred to as the ‘‘Commission’’). 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Commission shall be 
composed of eight members, of whom— 
(A) four shall be appointed by the Presi-
dent, of whom one shall be the Chairman of the 
Reserve Forces Policy Board; 
(B) one shall be appointed by the Chairman 
of the Committee on Armed Services of the Sen-
ate; 
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(C) one shall be appointed by the Ranking 
Member of the Committee on Armed Services of 
the Senate; 
(D) one shall be appointed by the Chairman 
of the Committee on Armed Services of the House 
of Representatives; and 
(E) one 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 AP-
POINTMENT
DATE.—If one 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 ap-
pointments 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 
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expire, and the number of members of the Commission 
shall be reduced by the number equal to the number 
otherwise appointable under such subparagraph. 
(c) PERIOD OF APPOINTMENT; VACANCIES.—Members 
shall be appointed for the life of the Commission. Any va-
cancy in the Commission shall not affect its powers, but 
shall be filled in the same manner as the original appoint-
ment. 
(d) 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 first meeting. 
(e) MEETINGS.—The Commission shall meet at the call 
of the Chair. 
(f) QUORUM.—A majority of the members of the Com-
mission shall constitute a quorum, but a lesser number of 
members may hold hearings. 
(g) CHAIR AND VICE CHAIRMAN.—The Commission 
shall select a Chair and Vice Chair from among its mem-
bers. 
SEC. 1703. DUTIES OF THE COMMISSION. 
(a) STUDY.— 
(1) IN GENERAL.—The Commission shall under-
take a comprehensive study of the current structure of 
the Air Force to determine whether, and how, the 
structure should be modified to best fulfill current and 
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anticipated mission requirements for the Air Force in 
a manner consistent with available resources. 
(2) CONSIDERATIONS.—In considering an alter-
native structure for the Air Force, the Commission 
shall give particular consideration to identifying a 
structure that— 
(A) meets current and anticipated require-
ments of the combatant commands; 
(B) achieves an appropriate balance be-
tween the regular and reserve components of the 
Air Force, taking advantage of the unique 
strengths and capabilities of each; 
(C) ensures that the reserve components of 
the Air Force have the capacity needed to sup-
port current and anticipated homeland defense 
and disaster assistance missions in the United 
States; 
(D) provides for sufficient numbers of reg-
ular members of the Air Force to provide a base 
of trained personnel from which the personnel of 
the reserve components of the Air Force could be 
recruited; 
(E) maintains a peacetime rotation force to 
avoid exceeding operational tempo goals of 1:2 
for regular members of the Air Forces and 1:5 for 
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members of the reserve components of the Air 
Force; and 
(F) maximizes achievable costs savings. 
(b) REPORT.—Not later than March 31, 2014, the 
Commission shall submit to the President and the congres-
sional defense committees a report which shall contain 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 it considers appropriate in 
light of the results of the study. 
SEC. 1704. POWERS OF THE COMMISSION. 
(a) HEARINGS.—The Commission may hold such hear-
ings, sit and act at such times and places, take such testi-
mony, and receive such evidence as the Commission con-
siders advisable to carry out this title. 
(b) INFORMATION FROM FEDERAL AGENCIES.—The 
Commission may secure directly from any Federal depart-
ment or agency such information as the Commission con-
siders necessary to carry out this title. 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 
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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. 1705. 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 pre-
scribed 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 Commis-
sion 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 Commis-
sion. 
(c) STAFF.— 
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(1) IN GENERAL.—The Chair of the Commission 
may, without regard to the civil service laws and reg-
ulations, appoint and terminate an executive director 
and such other additional personnel as may be nec-
essary to enable the Commission to perform its duties. 
The employment of an executive director shall be sub-
ject to confirmation by the Commission. 
(2) COMPENSATION.—The Chair of the Commis-
sion may fix the compensation of the executive direc-
tor 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 Ex-
ecutive Schedule under section 5316 of such title. 
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Any Fed-
eral Government employee may be detailed to the Commis-
sion without reimbursement, and such detail shall be with-
out interruption or loss of civil service status or privilege. 
(e) PROCUREMENT OF TEMPORARY AND INTERMIT-
TENT SERVICES.—The Chair of the Commission may pro-
cure temporary and intermittent services under section 
3109(b) of title 5, United States Code, at rates for individ-
uals which do not exceed the daily equivalent of the annual 
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‘‘(I) a national fire service orga-
nization or a national fire safety orga-
nization; and 
‘‘(II) an institution of higher edu-
cation, including a minority-serving 
institution (as described in section 
371(a) of the Higher Education Act of 
1965 (20 U.S.C. 1067q(a))); and 
‘‘(iii) consider the research needs iden-
tified and prioritized through the workshop 
required by subparagraph (B)(i). 
‘‘(B) RESEARCH NEEDS.— 
‘‘(i) IN GENERAL.—Not later than 90 
days after the date of the enactment of the 
Fire Grants Reauthorization Act of 2012, 
the Administrator of FEMA shall convene a 
workshop of the fire safety research commu-
nity, fire service organizations, and other 
appropriate stakeholders to identify and 
prioritize fire safety research needs. 
‘‘(ii) 
PUBLICATION.—The 
Adminis-
trator of FEMA shall ensure that the results 
of the workshop are made available to the 
public. 
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