II 111th CONGRESS 2d Session S. 3748 IN THE SENATE OF THE UNITED STATES August 5, 2010 Mr. Wyden (for himself and Mrs. Hagan) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to provide for the retention of members of the reserve components on active duty for a period of 45 days following an extended deployment in contingency operations or homeland defense missions to support their reintegration into civilian life, and for other purposes.
1.
Short title
This Act may be cited as the National Guard and Reserve Soft Landing Reintegration Act.
2.
Temporary retention on active duty after demobilization of Reserves following extended deployments in contingency operations or homeland defense missions
(a)
Temporary retention on active duty
(1)
In general
Chapter 1209 of title 10, United States Code, is amended by adding at the end the following new section:
12323.
Reserves: temporary retention on active duty after demobilization following extended deployments in contingency operations or homeland defense missions
(a)
In general
Subject to subsection (d), a member of a reserve component of the armed forces described in subsection (b) shall be retained on active duty in the armed forces for a period of 45 days following the conclusion of the member’s demobilization from a deployment as described in that subsection, and shall be authorized the use of any accrued leave. (b)
Covered members
A member of a reserve component of the armed forces described in this subsection is any member of a reserve component of the armed forces who was deployed for more than 269 days under the following: (1)A contingency operation. (2)A homeland defense mission (as specified by the Secretary of Defense for purposes of this section). (c)
Pay and allowances
Notwithstanding any other provision of law, while a member is retained on active duty under subsection (a), the member shall receive— (1)the basic pay payable to a member of the armed forces under section 204 of title 37 in the same pay grade as the member; (2)the basic allowance for subsistence payable under section 402 of title 37; and (3)the basic allowance for housing payable under section 403 of title 37 for a member in the same pay grade, geographic location, and number of dependents as the member. (d)
Early release from active duty
(1)Subject to paragraph (2), at the written request of a member retained on active duty under subsection (a), the member shall be released from active duty not later than the end of the 14-day period commencing on the date the request was received. If such 14-day period would end after the end of the 45-day period specified in subsection (a), the member shall be released from active duty not later than the end of such 45-day period. (2)The request of a member for early release from active duty under paragraph (1) may be denied only for medical or personal safety reasons. The denial of the request shall require the affirmative action of an officer in a grade above O–5 who is in the chain of command of the member. If the request is not denied before the end of the 14-day period applicable under paragraph (1), the request shall be deemed to be approved, and the member shall be released from active duty as requested. (e)
Reintegration counseling and services
(1)The Secretary of the military department concerned shall provide each member retained on active duty under subsection (a), while the member is so retained on active duty, counseling and services to assist the member in reintegrating into civilian life. (2)The counseling and services provided members under this subsection shall include the following: (A)Physical and mental health evaluations. (B)Employment counseling and assistance. (C)Marriage and family counseling and assistance. (D)Financial management counseling. (E)Education counseling. (F)Counseling and assistance on benefits available to the member through the Department of Defense and the Department of Veterans Affairs. (3)The Secretary of the military department concerned shall provide, to the extent practicable, for the participation of appropriate family members of members retained on active duty under subsection (a) in the counseling and services provided such members under this subsection. (4)The counseling and services provided to members under this subsection shall, to the extent practicable, be provided at National Guard armories and similar facilities close the residences of such members. (5)Counseling and services provided a member under this subsection shall, to the extent practicable, be provided in coordination with the Yellow Ribbon Reintegration Program of the State concerned under section 582 of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 10101 note).
. (2)
Clerical amendment
The table of sections at the beginning of chapter 1209 of such title is amended by adding at the end the following new item: 12323. Reserves: temporary retention on active duty after demobilization following extended deployments in contingency operations or homeland defense missions. . (b)
Funding for fiscal year 2011
Amounts required during fiscal year 2011 for the retention of members of reserve components of the Armed Forces on active duty pursuant to section 12323 of title 10, United States Code (as added by subsection (a)), shall be derived from amounts authorized to be appropriated for the Department of Defense for that fiscal year for operation and maintenance for Defense-wide activities (other than amounts authorized to be appropriated to that account for activities of the reserve components of the Armed Forces).