II 

112TH CONGRESS 

2D SESSION H. R. 4045 

IN THE SENATE OF THE UNITED STATES 

MAY 16, 2012 

Received 

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. 


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HR 4045 RDS 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. TREATMENT OF PROGRAM GUIDANCE RELAT4 ING TO THE AWARD OF POST-DEPLOYMENT/ 

5 MOBILIZATION RESPITE ABSENCE ADMINIS6 TRATIVE ABSENCE DAYS TO MEMBERS AND 

7 FORMER MEMBERS OF THE RESERVE COM8 PONENTS UNDER DOD INSTRUCTION 1327.06. 

9 (a) DISCRETION OF THE SECRETARY OF DE10 FENSE.—The Secretary of Defense may determine that 

11 the changes made by the Secretary to the Program Guid12 ance relating to the award of Post-Deployment/Mobiliza13 tion Respite Absence program administrative absence days 

14 or other benefits described in subsection (b) to members 

15 and former members of the reserve components under 

16 DOD Instruction 1327.06 effective as of October 1, 2011, 

17 shall not apply to a member of a reserve component, or 

18 former member of a reserve component, whose qualified 

19 mobilization (as described in such program guidance) com20 menced before October 1, 2011, and continued on or after 

21 that date until the date the mobilization is terminated. 

22 (b) AUTHORIZED BENEFITS.—Under regulations 

23 prescribed by the Secretary of Defense, the Secretary con24 cerned may provide a member or former member of the 


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HR 4045 RDS 

1 Armed Forces described in subsection (a) with one of the 

2 following benefits: 

3 (1) In the case of an individual who is a former 

4 member of the Armed Forces at the time of the pro5 vision of benefits under this section, payment of an 

6 amount not to exceed $200 for each day the indi7 vidual would have qualified for a day of administra8 tive absence had the changes made to the Program 

9 Guidance described in subsection (a) not applied to 

10 the individual, as authorized by such subsection. 

11 (2) In the case of a member of the Armed 

12 Forces on active duty at the time of the provision 

13 of benefits under this section, either one day of ad14 ministrative absence or payment of an amount not 

15 to exceed $200, as selected by the member, for each 

16 day the member would have qualified for a day of 

17 administrative absence had the changes made to the 

18 Program Guidance described in subsection (a) not 

19 applied to the member, as authorized by such sub20 section. 

21 (3) In the case of a member of the Armed 

22 Forces serving in the Selected Reserve, Inactive Na23 tional Guard, or Individual Ready Reserve at the 

24 time of the provision of benefits under this section, 

25 either one day of administrative absence to be reVerDate Mar 15 2010 23:30 May 17, 2012 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4045.RDS H4045

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1 tained for future use or payment of an amount not 

2 to exceed $200, as selected by the member, for each 

3 day the member would have qualified for a day of 

4 administrative absence had the changes made to the 

5 Program Guidance described in subsection (a) not 

6 applied to the member, as authorized by such sub7 section. 

8 (c) EXCLUSION OF CERTAIN FORMER MEMBERS.— 

9 An individual who is a former member of the Armed 

10 Forces is not eligible under this section for the benefits 

11 specified in subsection (b)(1) if the individual was dis12 charged or released from the Armed Forces under other 

13 than honorable conditions. 

14 (d) FORM OF PAYMENT.—The payments authorized 

15 by subsection (b) may be paid in a lump sum or install16 ments, at the election of the Secretary concerned. 

17 (e) RELATION TO OTHER PAY AND LEAVE.—The 

18 benefits provided to a member or former member of the 

19 Armed Forces under this section are in addition to any 

20 other pay, absence, or leave provided by law. 

21 (f) DEFINITIONS.—In this section: 

22 (1) The term ‘‘Post-Deployment/Mobilization 

23 Respite Absence program’’ means the program of 

24 the Secretary concerned to provide days of adminis25 trative absence not chargeable against available leave 


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1 to certain deployed or mobilized members of the 

2 Armed Forces in order to assist such members in re3 integrating into civilian life after deployment or mo4 bilization. 

5 (2) The term ‘‘Secretary concerned’’ has the 

6 meaning given that term in section 101(5) of title 

7 37, United States Code. 

8 (g) COMMENCEMENT AND DURATION OF AUTHOR9 ITY.— 

10 (1) COMMENCEMENT.—The authority to pro11 vide days of administrative absence under para12 graphs (2) and (3) of subsection (b) begins on the 

13 date of the enactment of this Act and the authority 

14 to make cash payments under such subsection be15 gins, subject to subsection (h), on October 1, 2012. 

16 (2) EXPIRATION.—The authority to provide 

17 benefits under this section expires on October 1, 

18 2014. 

19 (3) EFFECT OF EXPIRATION.—The expiration 

20 date specified in paragraph (2) shall not affect the 

21 use, after that date, of any day of administrative ab22 sence provided to a member of the Armed Forces 

23 under subsection (b) before that date or the pay24 ment, after that date, of any payment selected by a 


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1 member or former member of the Armed Forces 

2 under such subsection before that date. 

3 (h) CASH PAYMENTS SUBJECT TO AVAILABILITY OF

4 APPROPRIATIONS.—No cash payment may be made under 

5 subsection (b) unless the funds to be used to make the 

6 payments are available pursuant to an appropriations Act 

7 enacted after the date of enactment of this Act. 

8 (i) FUNDING OFFSET.—The Secretary of Defense 

9 shall transfer $4,000,000 from the unobligated balances 

10 of the Pentagon Reservation Maintenance Revolving Fund 

11 established under section 2674(e) of title 10, United 

12 States Code, to the Miscellaneous Receipts Fund of the 

13 United States Treasury. 

Passed the House of Representatives May 15, 2012. 

Attest: KAREN L. HAAS, 

Clerk. 


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