II 110th CONGRESS 2d Session S. 2930 IN THE SENATE OF THE UNITED STATES April 29, 2008 Mr. Casey introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 37, United States Code, to extend to members with dependents the second basic allowance for housing for members of the National Guard and Reserve and retired members without dependents who are mobilized in support of a contingency operation, and for other purposes.

1.

Short title

This Act may be cited as the Reserve Component Residence Protection Act of 2008.

2.

Extension to members with dependents of second basic allowance for housing for reserve component and retired members without dependents serving in support of contingency operations

(a)

Findings

Congress makes the following findings: (1)Section 604 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2245) authorizes a second basic allowance for housing for members of the reserve components of the Armed Forces without dependents, and retired members of the Armed Forces without dependents, who are called or ordered to active duty in support of a contingency operation. (2)It is in the national interest that the second basic allowance for housing described in subsection (a) be authorized for members of the National Guard and Reserve with dependents who are called or ordered to active in support of a contingency operation. (b)

Extension of allowance

Section 403(g)(2) of title 37, United States Code, is amended— (1)in the first sentence— (A)by striking may provide and inserting shall provide; (B)by inserting after to a member described in paragraph (1) the following: , or to a member otherwise described in paragraph (1) who is with dependents,; and (C)by striking without dependents and inserting with or without dependents, as applicable; and (2)in paragraph (2), by inserting , or as otherwise authorized by law, after under paragraph (1). (c)

Effective date

(1)

In general

Except as provided in paragraph (2), the amendments made by subsection (b) shall take effect on the date of the enactment of this Act, and shall apply with respect to months that begin on or after that date. (2)

Retroactive payment to members on active duty at enactment

In the case of any member of a reserve component of the Armed Forces with dependents, or retired member of the Armed Forces with dependents, who is on active duty as of the date of the enactment of this Act as described in paragraph (1) of section 403(g) of title 37, United States Code, and to whom is payable the basic allowance for housing provided by paragraph (2) of such section as a result of the amendments made by subsection (b), the basic allowance for housing shall be so payable for each month before the date of the enactment of this Act that began on or after the effective date of the orders of the member to such active duty.