[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4045 Enrolled Bill (ENR)]
H.R.4045
One Hundred Twelfth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and twelve
An Act
To modify the Department of Defense Program Guidance relating to the
award of Post-Deployment/Mobilization Respite Absence administrative
absence days to members of the reserve components to exempt any member
whose qualified mobilization commenced before October 1, 2011, and
continued on or after that date, from the changes to the program
guidance that took effect on that date.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TREATMENT OF PROGRAM GUIDANCE RELATING TO THE AWARD OF POST-
DEPLOYMENT/MOBILIZATION RESPITE ABSENCE ADMINISTRATIVE ABSENCE DAYS TO
MEMBERS AND FORMER MEMBERS OF THE RESERVE COMPONENTS UNDER DOD
INSTRUCTION 1327.06.
(a) Discretion of the Secretary of Defense.--The Secretary of
Defense may determine that the changes made by the Secretary to the
Program Guidance relating to the award of Post-Deployment/Mobilization
Respite Absence program administrative absence days or other benefits
described in subsection (b) to members and former members of the
reserve components under DOD Instruction 1327.06 effective as of
October 1, 2011, shall not apply to a member of a reserve component, or
former member of a reserve component, whose qualified mobilization (as
described in such program guidance) commenced before October 1, 2011,
and continued on or after that date until the date the mobilization is
terminated.
(b) Authorized Benefits.--Under regulations prescribed by the
Secretary of Defense, the Secretary concerned may provide a member or
former member of the Armed Forces described in subsection (a) with one
of the following benefits:
(1) In the case of an individual who is a former member of the
Armed Forces at the time of the provision of benefits under this
section, payment of an amount not to exceed $200 for each day the
individual would have qualified for a day of administrative absence
had the changes made to the Program Guidance described in
subsection (a) not applied to the individual, as authorized by such
subsection.
(2) In the case of a member of the Armed Forces on active duty
at the time of the provision of benefits under this section, either
one day of administrative absence or payment of an amount not to
exceed $200, as selected by the member, for each day the member
would have qualified for a day of administrative absence had the
changes made to the Program Guidance described in subsection (a)
not applied to the member, as authorized by such subsection.
(3) In the case of a member of the Armed Forces serving in the
Selected Reserve, Inactive National Guard, or Individual Ready
Reserve at the time of the provision of benefits under this
section, either one day of administrative absence to be retained
for future use or payment of an amount not to exceed $200, as
selected by the member, for each day the member would have
qualified for a day of administrative absence had the changes made
to the Program Guidance described in subsection (a) not applied to
the member, as authorized by such subsection.
(c) Exclusion of Certain Former Members.--An individual who is a
former member of the Armed Forces is not eligible under this section
for the benefits specified in subsection (b)(1) if the individual was
discharged or released from the Armed Forces under other than honorable
conditions.
(d) Form of Payment.--The payments authorized by subsection (b) may
be paid in a lump sum or installments, at the election of the Secretary
concerned.
(e) Relation to Other Pay and Leave.--The benefits provided to a
member or former member of the Armed Forces under this section are in
addition to any other pay, absence, or leave provided by law.
(f) Definitions.--In this section:
(1) The term ``Post-Deployment/Mobilization Respite Absence
program'' means the program of the Secretary concerned to provide
days of administrative absence not chargeable against available
leave to certain deployed or mobilized members of the Armed Forces
in order to assist such members in reintegrating into civilian life
after deployment or mobilization.
(2) The term ``Secretary concerned'' has the meaning given that
term in section 101(5) of title 37, United States Code.
(g) Commencement and Duration of Authority.--
(1) Commencement.--The authority to provide days of
administrative absence under paragraphs (2) and (3) of subsection
(b) begins on the date of the enactment of this Act and the
authority to make cash payments under such subsection begins,
subject to subsection (h), on October 1, 2012.
(2) Expiration.--The authority to provide benefits under this
section expires on October 1, 2014.
(3) Effect of expiration.--The expiration date specified in
paragraph (2) shall not affect the use, after that date, of any day
of administrative absence provided to a member of the Armed Forces
under subsection (b) before that date or the payment, after that
date, of any payment selected by a member or former member of the
Armed Forces under such subsection before that date.
(h) Cash Payments Subject to Availability of Appropriations.--No
cash payment may be made under subsection (b) unless the funds to be
used to make the payments are available pursuant to an appropriations
Act enacted after the date of enactment of this Act.
(i) Funding Offset.--The Secretary of Defense shall transfer
$4,000,000 from the unobligated balances of the Pentagon Reservation
Maintenance Revolving Fund established under section 2674(e) of title
10, United States Code, to the Miscellaneous Receipts Fund of the
United States Treasury.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.