[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1646 Introduced in House (IH)]
104th CONGRESS
1st Session
H. R. 1646
To revise and reform the statutes governing the organization and
management of the reserve components of the Armed Forces.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 16, 1995
Mr. Laughlin (for himself, Mr. Jefferson, Mr. Coleman, Mr. Fields of
Texas, Mr. Hall of Texas, Mr. Parker, Mr. Brewster, Mr. Hobson, Mr.
Hastert, Mr. Dreier, Mr. Hayes, Mr. DeLay, Mr. Condit, Mr. Talent, Mr.
Kasich, Mr. Cramer, Mr. Tanner, Mr. Peterson of Minnesota, Mr. Taylor
of Mississippi, Mr. Tauzin, Mrs. Thurman, Mr. Geren of Texas, Mr. Camp,
and Mr. Gillmor) introduced the following bill; which was referred to
the Committee on National Security
_______________________________________________________________________
A BILL
To revise and reform the statutes governing the organization and
management of the reserve components of the Armed Forces.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Reserve Forces
Revitalization Act of 1995''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--FINDINGS AND PURPOSES
Sec. 101. Findings.
Sec. 102. Purposes.
TITLE II--RESERVE COMPONENT STRUCTURE
Sec. 201. Reserve component commands.
Sec. 202. Reserve component chiefs.
Sec. 203. Grade of Vice Chief of the National Guard Bureau.
Sec. 204. Grade for reserve personnel center commanders.
Sec. 205. Exemption from active duty general and flag officer grade
ceilings.
Sec. 206. Guard and reserve technicians.
Sec. 207. Conforming amendment.
TITLE III--RESERVE COMPONENT ACCESSIBILITY
Sec. 301. Authority to activate Ready Reserve into active service.
Sec. 302. Report to Congress concerning tax incentives for employers of
members of reserve components.
Sec. 303. Report to Congress concerning income insurance program for
activated reservists.
TITLE IV--RESERVE COMPONENT RESOURCES
Sec. 401. Reports to Congress concerning shortfalls in reserve
component resources.
Sec. 402. Allocation of funds appropriated for reserve components.
TITLE V--RESERVE FORCES SUSTAINMENT
Sec. 501. Report concerning tax deductibility of nonreimbursable
expenses.
Sec. 502. Authority to pay transient housing charges for members
performing active duty for training at
locations over 50 miles from residence.
Sec. 503. Sense of Congress concerning quarters allowance during
service on active duty for training.
Sec. 504. Sense of Congress concerning military leave policy.
Sec. 505. Group dental insurance plan for members of Selected Reserve.
Sec. 506. Local community and military personnel mutual benefits
program.
Sec. 507. Commendation of Reserve Forces Policy Board.
TITLE I--FINDINGS AND PURPOSES
SEC. 101. FINDINGS.
Congress finds the following:
(1) The end of the Cold War and the ensuing period of
worldwide readjustment and reassessment has brought with it a
host of new military challenges and opportunities.
(2) Never before in time of peace have the Armed Forces
been engaged in tasks in so many parts of the world.
(3) The Persian Gulf War demonstrated the validity of the
Total Force Policy, which places heavy reliance upon the
reserve components for the execution of military missions.
(4) The basic laws governing the organization and
administration of the reserve components have not been
comprehensively reexamined since the enactment in 1967 of the
Reserve Forces Bill of Rights and Vitalization Act (Public Law
90-168).
(5) A number of systemic problems have arisen under the
existing reserve component statutory scheme which was designed
in light of the perceived threats and challenges of the Cold
War era.
SEC. 102. PURPOSES.
The purpose of this Act is to revise the basic statutory
authorities governing the organization and administration of the
reserve components of the Armed Forces in order to recognize the
realities of reserve component partnership in the Total Force and to
better prepare the American citizen-soldier, sailor, airman, and Marine
in time of peace for duties in war.
TITLE II--RESERVE COMPONENT STRUCTURE
SEC. 201. RESERVE COMPONENT COMMANDS.
(a) Establishment.--(1) Part I of subtitle E of title 10, United
States Code, is amended by inserting after chapter 1005 the following
new chapter:
``CHAPTER 1006--RESERVE COMPONENT COMMANDS
``Sec.
``10171. Army Reserve Command.
``10172. Naval Reserve Command.
``10173. Marine Forces Reserve.
``10174. Air Force Reserve Command.
``Sec. 10171. Army Reserve Command
``(a) Establishment of Command.--There is in the Army an Army
Reserve Command, which shall be operated as a separate command of the
Army. The Secretary of the Army shall maintain that command with the
advice and assistance of the Chief of Staff of the Army.
``(b) Commander.--The Chief of Army Reserve is the commander of the
Army Reserve Command. The commander of the Army Reserve Command reports
directly to the Chief of Staff of the Army.
``(c) Deputy Commander; Chief of Staff.--(1) There is a deputy
commander of the Army Reserve Command. The deputy commander holds the
grade of major general shall and be appointed from members of the Army
Reserve in general officer grades.
``(2) There is a chief of staff of the Army Reserve Command. The
chief of staff holds the grade of brigadier general and shall be
appointed from members of the Army Reserve in the grade of colonel or
above.
``(d) Assignment of Forces.--The Secretary of the Army shall assign
to the Army Reserve Command all forces of the Army Reserve.
``Sec. 10172. Naval Reserve Command
``(a) Establishment of Command.--There is in the Navy a Naval
Reserve Command, which shall be operated as a separate command of the
Navy. The Secretary of the Navy shall maintain that command with the
advice and assistance of the Chief of Naval Operations.
``(b) Commander.--The Chief of Naval Reserve is the commander of
the Naval Reserve Command. The commander of the Naval Reserve Command
reports directly to the Chief of Naval Operations.
``(c) Deputy Commander; Chief of Staff.--(1) There is a deputy
commander of the Naval Reserve Command. The deputy commander holds the
grade of rear admiral and shall be appointed from members of the Naval
Reserve in flag officer grades.
``(2) There is a chief of staff of the Naval Reserve Command. The
chief of staff holds the grade of rear admiral (lower half) and shall
be appointed from members of the Naval Reserve in the grade of captain
or above.
``(d) Assignment of Forces.--The Secretary of the Navy shall assign
to the Naval Reserve Command all forces of the Naval Reserve.
``Sec. 10173. Marine Forces Reserve
``(a) Establishment.--There is in the Marine Corps a command known
as the Marine Forces Reserve. The Secretary of the Navy shall maintain
that command with the advice and assistance of the Commandant of the
Marine Corps.
``(b) Commander.--The Commander, Marine Forces Reserve, reports
directly to the Commandant of the Marine Corps.
``(c) Deputy Commander.--There is a deputy commander of the Marine
Forces Reserve. The deputy commander holds the grade of brigadier
general and shall be appointed from members of the Marine Corps Reserve
in the grade of colonel or above.
``(d) Assignment of Forces.--The Commandant of the Marine Corps
shall assign to the Marine Forces Reserve specified portions of the
Marine Corps Reserve.
``Sec. 10174. Air Force Reserve Command
``(a) Establishment of Command.--There is in the Air Force an Air
Force Reserve Command, which shall be operated as a separate command of
the Air Force. The Secretary of the Air Force shall maintain that
command with the advice and assistance of the Chief of Staff of the Air
Force.
``(b) Commander.--The Chief of Air Force Reserve is the commander
of the Air Force Reserve Command. The commander of the Air Force
Reserve Command reports directly to the Chief of Staff of the Air
Force.
``(c) Deputy Commander; Chief of Staff.--(1) There is a deputy
commander of the Air Force Reserve Command. The deputy commander holds
the grade of major general and shall be appointed from members of the
Air Force Reserve in general officer grades.
``(2) There is a chief of staff of the Air Force Reserve Command.
The chief of staff holds the grade of brigadier general and shall be
appointed from members of the Air Force Reserve in the grade of colonel
or above.
``(d) Assignment of Forces.--The Secretary of the Air Force shall
assign to the Air Force Reserve Command all forces of the Air Force
Reserve.''.
(2) The tables of chapters at the beginning of part I of such
subtitle and at the beginning of such subtitle are each amended by
inserting after the item relating to chapter 1005 the following new
item:
``1006. Reserve Component Commands.......................... 10171''.
(b) Conforming Repeal.--Section 903 of the National Defense
Authorization Act for Fiscal Year 1991 (10 U.S.C. 3074 note) is
repealed.
(c) Implementation Report.--(1) Not later than 60 days after the
date of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on the plans of
the Secretary for implementation of chapter 1006 of title 10, United
States Code, as added by subsection (a).
(2) For purposes of this subsection, the term ``congressional
defense committees'' means--
(A) the Committee on National Security and the Committee on
Appropriations of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on
Appropriations of the Senate.
(d) Implementation Schedule.--Implementation of chapter 1006 of
title 10, United States Code, as added by subsection (a), shall begin
not later than 90 days after the date of the enactment of this Act and
shall be completed not later than one year after such date.
SEC. 202. RESERVE COMPONENT CHIEFS.
(a) Chief of Army Reserve.--Section 3038 of title 10, United States
Code, is amended to read as follows:
``Sec. 3038. Office of Army Reserve: appointment of Chief; Deputy
Chiefs
``(a) Establishment of Office; Chief of Army Reserve.--There is in
the executive part of the Department of the Army an Office of the Army
Reserve, which is headed by a Chief of Army Reserve. The Chief of Army
Reserve--
``(1) is the principal adviser on Army Reserve matters to
the Chief of Staff and the Assistant Secretary of the Army with
responsibility for reserve affairs; and
``(2) is the commander of the Army Reserve Command.
``(b) Appointment.--The President, by and with the advice and
consent of the Senate, shall appoint the Chief of Army Reserve from
officers of the Army Reserve who are not on active duty, or who are on
active duty under section 10211 of this title, and who--
``(1) have had at least 10 years of commissioned service in
the Army Reserve;
``(2) are in a grade above colonel; and
``(3) have been recommended by the Secretary of the Army.
``(c) Term of Office; Grade.--(1) The Chief of Army Reserve holds
office for four years, but may be removed for cause at any time. In
time of war or during a national emergency declared by Congress, the
Chief may be reappointed for a term of not more than four years.
``(2) The Chief of Army Reserve, while so serving, has the grade of
lieutenant general in the Army Reserve without vacating his permanent
grade.
``(d) Deputy Chiefs of Army Reserve.--There are two Deputy Chiefs
of Army Reserve, one of whom shall be in the grade of major general and
shall be appointed from officers in the Army Reserve in general officer
grades and one of whom shall be in the grade of brigadier general and
shall be appointed from members of the Army Reserve in the grade of
colonel or above.
``(e) Budget.--The Chief of Army Reserve is the official within the
executive part of the Department of the Army who, subject to the
authority, direction, and control of the Secretary of the Army and the
Chief of Staff, is responsible for preparation, justification, and
execution of budgets for the Army Reserve. As such, the Chief of Army
Reserve is the director and functional manager of appropriations made
for the Army Reserve (including appropriations for personnel, for
operations and maintenance, for procurement, and for construction).
``(f) Full Time Support Program.--The Chief of Army Reserve
manages, with respect to the Army Reserve, the personnel program of the
Department of Defense known as the Full Time Support Program.
``(g) Annual Report to Congress.--(1) The Chief of Army Reserve
shall submit to Congress an annual report on the status of the Army
Reserve. The report shall include descriptions of--
``(A) the roles and missions of the Army Reserve;
``(B) the structure of the Army Reserve; and
``(C) the readiness of the Army Reserve to carry out
assigned missions.
``(2) The annual report under paragraph (1) shall be submitted
through the Secretary of the Army and shall be submitted each year with
the submission of budget justification information provided by the
Department of Defense to Congress for the next fiscal year.''.
(2) The item relating to that section in the table of sections at
the beginning of chapter 305 of such title is amended to read as
follows:
``3038. Office of Army Reserve: appointment of Chief; Deputy Chiefs.''.
(b) Chief of Naval Reserve.--(1) Chapter 513 of such title is
amended by inserting after section 5142a the following new section:
``Sec. 5143. Office of Naval Reserve: appointment of Chief; Deputy
Chiefs
``(a) Establishment of Office; Chief of Naval Reserve.--There is in
the executive part of the Department of the Navy an Office of the Naval
Reserve, which is headed by a Chief of Naval Reserve. The Chief of
Naval Reserve--
``(1) is the principal adviser on Naval Reserve matters to
the Chief of Naval Operations and the Assistant Secretary of
the Navy with responsibility for reserve affairs; and
``(2) is the commander of the Naval Reserve Command.
``(b) Appointment.--The President, by and with the advice and
consent of the Senate, shall appoint the Chief of Naval Reserve from
officers of the Naval Reserve who are not on active duty, or who are on
active duty under section 10211 of this title, and who--
``(1) have had at least 10 years of commissioned service in
the Naval Reserve;
``(2) are in a grade above captain; and
``(3) have been recommended by the Secretary of the Navy.
``(c) Term of Office; Grade.--(1) The Chief of Naval Reserve holds
office for four years, but may be removed for cause at any time. In
time of war or during a national emergency declared by Congress, the
Chief may be reappointed for a term of not more than four years.
``(2) The Chief of Naval Reserve, while so serving, has the grade
of vice admiral in the Naval Reserve without vacating his permanent
grade.
``(d) Deputy Chiefs of Naval Reserve.--There are two Deputy Chiefs
of Naval Reserve, one of whom shall be in the grade of rear admiral and
shall be appointed from officers in the Naval Reserve in flag officer
grades and one of whom shall be in the grade of rear admiral (lower
half) and shall be appointed from members of the Naval Reserve in the
grade of captain or above.
``(e) Budget.--The Chief of Naval Reserve is the official within
the executive part of the Department of the Navy who, subject to the
authority, direction, and control of the Secretary of the Navy and the
Chief of Naval Operations, is responsible for preparation,
justification, and execution of budgets for the Naval Reserve. As such,
the Chief of Naval Reserve is the director and functional manager of
appropriations made for the Naval Reserve (including appropriations for
personnel, for operations and maintenance, for procurement, and for
construction).
``(f) Full Time Support Program.--The Chief of Naval Reserve
manages, with respect to the Naval Reserve, the personnel program of
the Department of Defense known as the Full Time Support Program.
``(g) Annual Report to Congress.--(1) The Chief of Naval Reserve
shall submit to Congress an annual report on the status of the Naval
Reserve. The report shall include descriptions of--
``(A) the roles and missions of the Naval Reserve;
``(B) the structure of the Naval Reserve; and
``(C) the readiness of the Naval Reserve to carry out
assigned missions.
``(2) The annual report under paragraph (1) shall be submitted
through the Secretary of the Navy and shall be submitted each year with
the submission of budget justification information provided by the
Department of Defense to Congress for the next fiscal year.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 5142a the
following new item:
``5143. Office of Naval Reserve: appointment of Chief; Deputy
Chiefs.''.
(c) Chief of Marine Corps Reserve.--(1) Chapter 513 of such title
is amended by inserting after section 5143 (as added by subsection (b))
the following new section:
``Sec. 5144. Office of Marine Forces Reserve: appointment of Commander
``(a) Establishment of Office; Commander, Marine Forces Reserve.--
There is in the executive part of the Department of the Navy an Office
of the Marine Forces Reserve, which is headed by the Commander, Marine
Forces Reserve. The Commander, Marine Forces Reserve--
``(1) is the principal adviser to the Commandant on Marine
Corps Reserve matters and
``(2) is the commander of the Marine Forces Reserve.
``(b) Term of Office; Grade.--(1) The Commander, Marine Forces
Reserve, holds office for a term determined by the Commandant of the
Marine Corps.
``(2) The Commander, Marine Forces Reserve, while so serving, has
the grade of lieutenant general, except that if the Commandant of the
Marine Corps recommends to the Secretary of the Navy that such position
be held by an offficer in the grade of major general, such position may
be held by an officer in that grade.
``(d) Annual Report to Congress.--(1) The Commandant of the Marine
Corps shall submit to Congress an annual report on the status of the
Marine Corps Reserve. The report shall include descriptions of--
``(A) the roles and missions of the Marine Corps Reserve;
``(B) the structure of the Marine Corps Reserve; and
``(C) the readiness of the Marine Corps Reserve to carry
out assigned missions.
``(2) The annual report under paragraph (1) shall be submitted
through the Secretary of the Navy and shall be submitted each year with
the submission of budget justification information provided by the
Department of Defense to Congress for the next fiscal year.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 5143 (as added
by subsection (b)) the following new item:
``5144. Office of Marine Forces Reserve: appointment of Commander.''.
(d) Chief of Air Force Reserve.--Section 8038 of such title is
amended to read as follows:
``Sec. 8038. Office of Air Force Reserve: appointment of Chief; Deputy
Chiefs
``(a) Establishment of Office; Chief of Air Force Reserve.--There
is in the executive part of the Department of the Air Force an Office
of the Air Force Reserve, which is headed by a Chief of Air Force
Reserve. The Chief of Air Force Reserve--
``(1) is the principal adviser on Air Force Reserve matters
to the Chief of Staff and the Assistant Secretary of the Air
Force with responsibility for reserve affairs; and
``(2) is the commander of the Air Force Reserve Command.
``(b) Appointment.--The President, by and with the advice and
consent of the Senate, shall appoint the Chief of Air Force Reserve
from officers of the Air Force Reserve who are not on active duty, or
who are on active duty under section 10211 of this title, and who--
``(1) have had at least 10 years of commissioned service in
the Air Force Reserve;
``(2) are in a grade above colonel; and
``(3) have been recommended by the Secretary of the Air
Force.
``(c) Term of Office; Grade.--(1) The Chief of Air Force Reserve
holds office for four years, but may be removed for cause at any time.
In time of war or during a national emergency declared by Congress, the
Chief may be reappointed for a term of not more than four years.
``(2) The Chief of Air Force Reserve, while so serving, has the
grade of lieutenant general in the Air Force Reserve without vacating
his permanent grade.
``(d) Deputy Chiefs of Air Force Reserve.--There are two Deputy
Chiefs of Air Force Reserve, one of whom shall be in the grade of major
general and shall be appointed from officers in the Air Force Reserve
in general officer grades and one of whom shall be in the grade of
brigadier general and shall be appointed from members of the Air Force
Reserve in the grade of colonel or above.
``(e) Budget.--The Chief of Air Force Reserve is the official
within the executive part of the Department of the Air Force who,
subject to the authority, direction, and control of the Secretary of
the Air Force and the Chief of Staff, is responsible for preparation,
justification, and execution of budgets for the Air Force Reserve. As
such, the Chief of Air Force Reserve is the director and functional
manager of appropriations made for the Air Force Reserve (including
appropriations for personnel, for operations and maintenance, for
procurement, and for construction).
``(f) Full Time Support Program.--The Chief of Air Force Reserve
manages, with respect to the Air Force Reserve, the personnel program
of the Department of Defense known as the Full Time Support Program.
``(g) Annual Report to Congress.--(1) The Chief of Air Force
Reserve shall submit to Congress an annual report on the status of the
Air Force Reserve. The report shall include descriptions of--
``(A) the roles and missions of the Air Force Reserve;
``(B) the structure of the Air Force Reserve; and
``(C) the readiness of the Air Force Reserve to carry out
assigned missions.
``(2) The annual report under paragraph (1) shall be submitted
through the Secretary of the Air Force and shall be submitted each year
with the submission of budget justification information provided by the
Department of Defense to Congress for the next fiscal year.''.
(2) The item relating to that section in the table of sections at
the beginning of chapter 805 of such title is amended to read as
follows:
``8038. Office of Army Reserve: appointment of Chief; Deputy Chiefs.''.
(e) Conforming Amendment.--Section 641(1)(B) of such title is
amended by inserting ``5143, 5144,'' after ``3038,''.
SEC. 203. GRADE OF VICE CHIEF OF THE NATIONAL GUARD BUREAU.
Section 10505(c) of title 10, United States Code, is amended by
striking out ``major general'' and inserting in lieu thereof
``lieutenant general''.
SEC. 204. GRADE FOR RESERVE PERSONNEL CENTER COMMANDERS.
(a) In General.--Chapter 1007 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 10216. Reserve personnel centers: grade of commander
``The commanders of the reserve personnel centers for the Army
Reserve, the Air Force Reserve, and the Marine Corps Reserve shall each
be a Reserve officer in the grade of brigadier general. The commander
of the reserve personnel center for the Naval Reserve shall be a
Reserve officer in the grade of rear admiral (lower half).''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``10216. Reserve personnel centers: grade of commander.''.
SEC. 205. EXEMPTION FROM ACTIVE DUTY GENERAL AND FLAG OFFICER GRADE
CEILINGS.
Section 526 of title 10, United States Code, is amended by adding
at the end the following new subsection:
``(e) A Reserve general or flag officer serving on active duty
under section 10203, 10211, or 12301(d) of this title or who is on
active duty but is excluded from the active-duty list under section
641(1)(B) of this title may not be counted against any ceiling
established by law or by administrative action on--
``(1) the total number of general or flag officers who may
be serving on active duty in the Army, Navy, Air Force, or
Marine Corps;
``(2) the total number of general or flag officers who may
be serving on active duty in any of those armed forces; or
``(3) the number of officers who may be serving on active
duty in a particular general or flag officer grade.''.
SEC. 206. GUARD AND RESERVE TECHNICIANS.
(a) In General.--Chapter 1007 of title 10, United States Code, is
amended by adding after section 10216, as added by section 203, the
following new section:
``Sec. 10217. Military (civilian) technicians: number of positions
``(a) Limitation on Reductions.--The total number of positions
authorized for personnel classified military (civilian) technicians of
the Army National Guard, the Air National Guard, the Army Reserve, and
the Air Force Reserve may not be reduced below the number specified in
subsection (b) for the purpose of applying any administratively imposed
civilian personnel ceiling, freeze, or reduction on such technician
positions, unless such reduction is a direct result of a reduction in
reserve component force structure.
``(b) Baseline Number.--The number referred to in subsection (a) is
the total number of positions referred to in that subsection that are
authorized as of the date of the enactment of this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
10217, as added by section 203, the following new item:
``10217. Military (civilian) technicians: number of positions.''.
SEC. 207. CONFORMING AMENDMENT.
Section 641(1)(B) of title 10, United States Code, as amended by
section 202(e), is amended by striking out ``10501'' and inserting in
lieu thereof ``section 10502, 10505, 10506''.
TITLE III--RESERVE COMPONENT ACCESSIBILITY
SEC. 301. AUTHORITY TO ACTIVATE READY RESERVE INTO ACTIVE SERVICE.
(a) Revised Authority.--Section 12302 of title 10, United States
Code, is amended to read as follows:
``Sec. 12302. Reserve activation authority: Ready Reserve units and
members
``(a) Presidential Authority.--(1) If the President determines that
augmentation of the active forces is necessary for a purpose specified
in paragraph (2), the President may provide Reserve activation
authority with respect to any of the reserve components.
``(2) The circumstances referred to in paragraph (1) are the
following:
``(A) In time of national emergency declared by the
President.
``(B) When necessary to provide Federal disaster relief to
a State, when requested by the Governor of the State.
``(C) When otherwise authorized by law.
``(3) In this section, the term `Reserve activation authority'
means authority provided by the President to the Secretary of Defense,
or to the Secretary of Transportation with respect to the Coast Guard
when it is not operating as a service of the Navy, to order to active
duty (other than for training) without the consent of the members
concerned (A) any unit of the Ready Reserve, and (B) any member of the
Ready Reserve not assigned to a unit organized to serve as a unit.
``(b) Prior Notice to Congress.--Whenever the President intends to
provide Reserve activation authority under the authority of this
section, the President shall, not less than 48 hours before providing
such authority, transmit to Congress a report, in writing, giving
notice
of the proposed exercise of authority and setting forth the
circumstances necessitating the provision of Reserve activation
authority. In the report, the President shall--
``(1) identify the units or members expected to be ordered
to active duty or active Federal service;
``(2) describe the anticipated use of those units or
members on active duty or in active Federal service and the
anticipated length of time the units or members will be
required; and
``(3) specify why the mission cannot be accomplished
through the use of active component units.
``(c) Time Limitation for Activation.--(1) When Reserve activation
authority is provided under subsection (a), the Secretary of Defense,
and the Secretary of Transportation with respect to the Coast Guard
when it is not serving as a service in the Navy, may, without the
consent of the persons concerned, order any unit, and any member not
assigned to a unit organized to serve as a unit, in the Ready Reserve
under the jurisdiction of that Secretary, to active duty (other than
for training), for a period not to exceed 24 consecutive months.
``(2) When a unit or member is ordered to active duty or active
Federal service under paragraph (1), the Secretary concerned shall
submit to Congress a report, in writing, giving notice of such order
and stating the period of time for which the unit or member is ordered
to active duty or active Federal service.
``(3) If an extension beyond the period specified in a report under
paragraph (2) is subsequently ordered for any such unit or member, the
Secretary shall, not less than seven days before the extension becomes
effective, submit to Congress a report, in writing, giving notice of
the extension.
``(d) Quarterly Reports to Congress.--(1) Whenever Reserve
activation authority under subsection (a) is in effect, the President
shall, within two working days of the close of each fiscal year quarter
during which units or members of the Ready Reserve are on active duty
or in active Federal service pursuant to the exercise of that
authority, transmit to Congress a report regarding the necessity for
those units or members being retained on active duty or in active
Federal service, as the case may be.
``(2) The President shall include in each such report the
following:
``(A) A statement of the mission of each such unit so
ordered to active duty or active Federal service.
``(B) An evaluation of each such unit's performance of that
mission.
``(C) A description where each such unit is deployed (or
being deployed, if in transit) at the time of the report.
``(D) An explanation of why the mission cannot be
accomplished by regular force units.
``(E) A statement of the number of members so ordered to
active duty, shown for members so ordered as members of units
and for members who are not assigned to units organized to
serve as units.
``(F) Any other information that the President considers
appropriate regarding each such unit.
``(e) Numeric Limit.--Not more than 1,000,000 members of the Ready
Reserve may be on active duty (other than for training) without their
consent under this section at any one time.
``(f) Policies and Procedures.--The Secretary of Defense shall
prescribe such policies and procedures as the Secretary considers
necessary to carry out this section. Such policies and procedures shall
be prescribed in coordination with the Secretary of Transportation,
insofar as they relate to the Coast Guard when not serving as part of
the Navy.''.
(b) Release From Active Duty.--Chapter 1209 of such title is
amended by inserting after section 12304 the following new sections:
``Sec. 12304a. Release from active duty
``(a) Policies and Procedures.--The Secretary of Defense shall
prescribe policies and procedures for the release from active duty of
units and members ordered to active duty under section 12302, 12303, or
12304 of this title. Such policies and procedures shall be prescribed
in coordination with the Secretary of Transportation, insofar as they
relate to the Coast Guard when not serving as part of the Navy.
``(b) Matters To Be Included.--Those policies and procedures
shall--
``(1) contain specific guidelines that units and members so
ordered to active duty should be retained on active duty only
when no active component unit or active component member is
available to perform the mission that the reserve component
unit or member would otherwise perform; and
``(2) take into account the effects of continuation of such
units and members on active duty on civilian employment
(including hardships to employers) and on family members.
``(c) Termination of Activation.--Whenever a unit of the Ready
Reserve or a member of the Ready Reserve not assigned to a unit
organized to serve as a unit is ordered to active duty under section
12304 of this title, the service of all units or members so ordered to
active duty may be terminated--
``(1) by order of the President, or
``(2) by law.
``Sec. 12304b. Limitation on frequency of activation of units and
members
``(a) Limitation on Frequent Activations.--Except as provided in
subsection (b), a unit of the Ready Reserve of a reserve component, or
a member of the Ready Reserve not assigned to a unit organized to serve
as a unit, may not be ordered to active duty under section 12302 or
12304 of this title more than once in any 24-month period.
``(b) Waiver Authority.--(1) The President may waive the limitation
in subsection (a) with respect to any unit or member upon a
determination by the President that unit or member has a capability
that is urgently required and that is not otherwise available.
``(2) Before any such waiver is effective, the President shall
transmit to Congress a report, in writing, giving notice of the waiver
and stating the basis for the determination by the President under
paragraph (1) that formed the basis for the waiver.''.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by striking out the items relating to sections
12302, 12303, and 12304 and inserting in lieu thereof the following:
``12302. Reserve activation authority: Ready Reserve units and
members.
``12303. Ready Reserve: members not assigned to, or participating
satisfactorily in, units.
``12304. Selected Reserve: order to active duty other than during
war or national emergency.
``12304a. Release from active duty.
``12304b. Limitation on frequency of activation of units and
members''.
(c) Conforming Amendment.--Section 641(1)(E) of such title is
amended by striking out ``section 12304'' and inserting in lieu thereof
``section 12302, section 12303, section 12304,''.
SEC. 302. REPORT TO CONGRESS CONCERNING TAX INCENTIVES FOR EMPLOYERS OF
MEMBERS OF RESERVE COMPONENTS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report setting
forth a draft of legislation to provide tax incentives to employers of
members of reserve components in order to compensate employers for
absences of those employees due to required or involuntary training and
for absences due to performance of required or involuntary active duty.
SEC. 303. REPORT TO CONGRESS CONCERNING INCOME INSURANCE PROGRAM FOR
ACTIVATED RESERVISTS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit
to Congress a report setting forth a draft of legislation to establish
an income insurance program to provide members of reserve components
who are ordered to active duty or active Federal service (other than
for training) income replacement for loss of income during the period
of such activation and, in the case of such a member who owns a
business, income replacement for the business and for employees of that
member or business who have a loss of income during the period of such
activation attributable to the activation of the member.
SEC. 304. REPORT TO CONGRESS CONCERNING SMALL BUSINESS LOANS FOR
MEMBERS RELEASED FROM RESERVE SERVICE DURING CONTINGENCY
OPERATIONS.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report setting
forth a draft of legislation to establish a small business loan program
to provide members of reserve components who are ordered to active duty
or active Federal service (other than for training) during a
contingency operation (as defined in section 101 of title 10, United
States Code) low-cost loans to assist those members in retaining or
rebuilding businesses that were affected by their service on active
duty or in active Federal service.
TITLE IV--RESERVE COMPONENT RESOURCES
SEC. 401. ANNUAL REPORT TO CONGRESS CONCERNING SHORTFALLS IN RESERVE
COMPONENT RESOURCES.
(a) In General.--(1) Chapter 1013 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 10543. Funding shortfalls in budget: annual report
``The Secretary of Defense shall include in the annual report to
Congress under section 113(c) of this title a report on any shortfall
or anticipated shortfall in funding for reserve component personnel,
operations and maintenance, equipment, or military construction in the
budget for the fiscal year beginning in the year in which the report is
submitted.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``10543. Funding shortfalls in budget: annual report.''.
SEC. 402. ALLOCATION OF FUNDS APPROPRIATED FOR RESERVE COMPONENTS.
(a) Limitation.--Any amount appropriated for the Department of
Defense for any reserve component shall be allocated by the Secretary
of Defense to the use of that reserve component for the purposes
provided by Congress. Any funds in a reserve component appropriation
account may be transferred to an appropriation account for one of the
active components only if the transfer of such amount from such reserve
component account to such active component account is specifically
authorized by law.
(b) Identification of Certain Amounts in Reserve Accounts.--The
Secretary of Defense shall ensure that any amount in a reserve
component appropriation account that is intended for military or
civilian personnel of the active components for service in support of
that reserve component shall be shown separately in budget
justification documents and otherwise in appropriate documents in the
budget process.
TITLE V--RESERVE FORCES SUSTAINMENT
SEC. 501. REPORT CONCERNING TAX DEDUCTIBILITY OF NONREIMBURSABLE
EXPENSES.
Not later than 180 days after the date of the enactment of this
Act, the Secretary of Defense shall submit to Congress a report setting
forth a draft of legislation to restore the tax deductibility of
nonreimbursable expenses incurred by members of reserve components in
connection with military service.
SEC. 502. AUTHORITY TO PAY TRANSIENT HOUSING CHARGES FOR MEMBERS
PERFORMING ACTIVE DUTY FOR TRAINING AT LOCATIONS OVER 50
MILES FROM RESIDENCE.
Section 404(j)(1) of title 37, United States Code, is amended by
striking out ``annual training duty'' and inserting in lieu thereof
``active duty for training, annual training duty''.
SEC. 503. SENSE OF CONGRESS CONCERNING QUARTERS ALLOWANCE DURING
SERVICE ON ACTIVE DUTY FOR TRAINING.
It is the sense of Congress that the United States should continue
to pay members of reserve components appropriate quarters allowances
during periods of service on active duty for training.
SEC. 504. SENSE OF CONGRESS CONCERNING MILITARY LEAVE POLICY.
It is the sense of Congress that military leave policies in effect
as of the date of the enactment of this Act with respect to members of
the reserve components should not be changed.
SEC. 505. GROUP DENTAL INSURANCE PLAN FOR MEMBERS OF SELECTED RESERVE.
The Secretary of Defense shall seek to arrange for the
establishment by a private-sector insurance carrier of a group dental
insurance plan for members of the Selected Reserve and their dependents
which would enable those members and their dependents to obtain dental
care at a low cost.
SEC. 506. LOCAL COMMUNITY AND MILITARY PERSONNEL MUTUAL BENEFITS
PROGRAM.
(a) In General.--Chapter 53 of title 10, United States Code, is
amended by adding at the end the following new section:
``Sec. 1060b. Local community and military personnel mutual benefits
program
``The Secretary of Defense shall seek to enter into an agreement
with the appropriate national organization representing retail
merchants under which that organization would sponsor a program for the
provision of price discounts by participating retail merchants to
members of the armed forces.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1060b. Local community and military personnel mutual benefits
program.''.
SEC. 507. COMMENDATION OF RESERVE FORCES POLICY BOARD.
(a) Commendation.--The Congress commends the Reserve Forces Policy
Board, created by the Armed Forces Reserve Act of 1952 (Public Law 82-
476), for its fine work in the past as an independent source of advice
to the Secretary of Defense on all matters pertaining to the reserve
components.
(b) Sense of Congress.--It is the sense of Congress that the
Reserve Forces Policy Board and the reserve forces policy committees
for the individual branches of the Armed Forces should continue to
perform the vital role of providing the civilian leadership of the
Department of Defense with independent advice on matters pertaining to
the reserve components.
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