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[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.
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