I 111th CONGRESS 1st Session H. R. 3449 IN THE HOUSE OF REPRESENTATIVES July 31, 2009 Ms. Shea-Porter (for herself, Mr. Brady of Pennsylvania, Mr. Walz, Mr. Holt, Mr. Courtney, Mr. Hall of New York, Ms. Schakowsky, Mr. Honda, Mr. McGovern, Ms. Woolsey, Mr. Smith of Washington, Mr. Blumenauer, Ms. Bordallo, Mr. Carnahan, Ms. Giffords, Ms. Harman, Mr. Loebsack, Ms. Loretta Sanchez of California, Mr. Abercrombie, Mr. Michaud, Mr. Jones, Mr. Hare, Ms. Tsongas, Ms. Pingree of Maine, Mr. Johnson of Georgia, and Ms. Wasserman Schultz) introduced the following bill; which was referred to the Committee on Armed Services A BILL To mandate minimum periods of rest and recuperation for units and members of the regular and reserve components of the Armed Forces between deployments for Operation Iraqi Freedom or Operation Enduring Freedom.

1.

Short title

This Act may be cited as the Ensuring Military Readiness Through Stability and Predictability Deployment Policy Act.

2.

Minimum periods of rest and recuperation for units of the Armed Forces between deployments

(a)

Regular components

(1)

In general

No unit of the Armed Forces specified in paragraph (3) may be deployed in support of a covered military operation unless the period between the most recent previous deployment of the unit and a subsequent deployment of the unit is equal to or longer than the period of such most recent previous deployment. (2)

Sense of congress on optimal minimum period between deployments

It is the sense of Congress that the optimal minimum period between the most recent previous deployment of a unit of the Armed Forces specified in paragraph (3) and a subsequent deployment of the unit in support of a covered military operation should be equal to or longer than twice the period of such most recent previous deployment. (3)

Covered units

Subject to subsection (c), the units of the Armed Forces specified in this paragraph are as follows: (A)Units of the regular Army and members assigned to those units. (B)Units of the regular Marine Corps and members assigned to those units. (C)Units of the regular Navy and members assigned to those units. (D)Units of the regular Air Force and members assigned to those units. (b)

Reserve components

(1)

In general

No unit of the Armed Forces specified in paragraph (3) may be deployed in support of a covered military operation unless the period between the most recent previous deployment of the unit and a subsequent deployment of the unit is at least three times longer than the period of such most recent previous deployment. (2)

Sense of congress on mobilization and optimal minimum period between deployments

It is the sense of Congress that the units of the reserve components of the Armed Forces should not be mobilized continuously for more than one year, and the optimal minimum period between the previous deployment of a unit of the Armed Forces specified in paragraph (3) and a subsequent deployment of the unit in support of a covered military operation should be five years. (3)

Covered units

The units of the Armed Forces specified in this paragraph are as follows: (A)Units of the Army Reserve and members assigned to those units. (B)Units of the Army National Guard and members assigned to those units. (C)Units of the Marine Corps Reserve and members assigned to those units. (D)Units of the Navy Reserve and members assigned to those units. (E)Units of the Air Force Reserve and members assigned to those units. (F)Units of the Air National Guard and members assigned to those units. (c)

Exemptions

The limitations in subsections (a) and (b) do not apply— (1)to special operations forces as identified pursuant to section 167(i) of title 10, United States Code; and (2)to units of the Armed Forces needed, as determined by the Secretary of Defense, to assist in the redeployment of members of the Armed Forces from a covered military operation to another operational requirement or back to their home stations. (d)

Waiver by the president

The President may waive the limitation in subsection (a) or (b) with respect to the deployment of a unit of the Armed Forces to meet a threat to the national security interests of the United States if the President certifies to Congress within 30 days that the deployment of the unit is necessary for such purposes. (e)

Waiver by military chief of staff or commandant for voluntary mobilizations

(1)

Army

With respect to the deployment of a member of the Army who has voluntarily requested mobilization, the limitation in subsection (a) or (b) may be waived by the Chief of Staff of the Army. (2)

Navy

With respect to the deployment of a member of the Navy who has voluntarily requested mobilization, the limitation in subsection (a) or (b) may be waived by the Chief of Naval Operations. (3)

Marine corps

With respect to the deployment of a member of the Marine Corps who has voluntarily requested mobilization, the limitation in subsection (a) or (b) may be waived by the Commandant of the Marine Corps. (4)

Air force

With respect to the deployment of a member of the Air Force who has voluntarily requested mobilization, the limitation in subsection (a) or (b) may be waived by the Chief of Staff of the Air Force. (f)

Definitions

In this Act: (1)

Covered military operation

The term covered military operation means— (A)Operation Iraqi Freedom; and (B)Operation Enduring Freedom, including participation in the NATO International Security Assistance Force (Afghanistan). (2)

Deployment

The term deployment or deployed means the relocation of forces and materiel to desired areas of operations and encompasses all activities from origin or home station through destination, including staging, holding, and movement in and through the United States and all theaters of operation. (3)

Unit

The term unit means a unit that is deployable and is commanded by a commissioned officer of the Army, Navy, Air Force, or Marine Corps serving in the grade of major or, in the case of the Navy, lieutenant commander, or a higher grade. (g)

Effective Date

This Act shall take effect on the date of the enactment of this Act.