[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3930 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 3930

To establish the National Commission on the Structure of the Army, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 27, 2014

 Mr. Wilson of South Carolina (for himself, Mrs. Hartzler, Mr. Rahall, 
 Mrs. Miller of Michigan, Mr. Perry, Mr. Bishop of Utah, Mr. Franks of 
Arizona, Mr. Enyart, Mr. Barr, Mr. Rothfus, Mr. Simpson, Mr. Cole, Mr. 
    Chaffetz, Mr. Runyan, Mr. Cramer, Mr. Matheson, and Mr. Barber) 
 introduced the following bill; which was referred to the Committee on 
                             Armed Services

_______________________________________________________________________

                                 A BILL


 
To establish the National Commission on the Structure 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 Structure 
of the Army Act of 2014''.

SEC. 2. LIMITATION ON AVAILABILITY OF FUNDS FOR REDUCTIONS TO THE ARMY 
              NATIONAL GUARD.

    (a) Aircraft.--None of the funds authorized to be appropriated by 
this Act 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 aircraft of the Army assigned to units of the 
Army National Guard as of January 15, 2014.
    (b) Personnel.--None of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2015 for the Army 
may be used to reduce personnel below the authorized end strength 
levels of 350,000 for the Army National Guard as of September 30, 2014.

SEC. 3. NATIONAL COMMISSION ON THE STRUCTURE OF THE ARMY.

    (a) Establishment.--There is established the National Commission on 
the Structure 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) four shall be appointed by the President;
                    (B) one shall be appointed by the Chairman of the 
                Committee on Armed Services of the Senate;
                    (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 appointment 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 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) 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 Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.
    (g) Chair and Vice Chair.--The Commission shall select a Chair and 
Vice Chair from among its members.

SEC. 4. DUTIES OF THE COMMISSION.

    (a) Study.--
            (1) In general.--The Commission shall undertake a 
        comprehensive study of the structure of the Army to determine 
        the proper force mixture of the active component and reserve 
        component, and 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 
        estimated future resources.
            (2) Considerations.--In considering the structure of the 
        Army, the Commission shall give particular consideration to 
        evaluating a structure that--
                    (A) meets current and anticipated requirements of 
                the combatant commands;
                    (B) 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;
                    (C) 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;
                    (D) 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;
                    (E) maintains a peacetime rotation force to support 
                operational tempo goals of 1:2 for regular members of 
                the Army and 1:5 for members of the reserve components 
                of the Army; and
                    (F) maximizes and appropriately balances 
                affordability, efficiency, effectiveness, capability, 
                and readiness.
    (b) Report.--Not later than February 1, 2016, the Commission shall 
submit to the President and the congressional 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 it may consider appropriate in light of the 
results of the study.

SEC. 5. POWERS OF THE 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 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 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. 6. 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. 7. TERMINATION OF THE COMMISSION.

    The Commission shall terminate 90 days after the date on which the 
Commission submits its report under section 4.

SEC. 8. FUNDING.

    Amounts authorized to be appropriated for fiscal year 2015 and 
available for operation and maintenance for the Army as specified in 
the funding table in section 4301 of the fiscal year 2015 National 
Defense Authorization Act may be available for the activities of the 
Commission under this Act.
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