PUBLIC LAW 112–120—MAY 25, 2012 126 STAT. 343 

Public Law 112–120 

112th Congress 

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. 

May 25, 2012 

[H.R. 4045] 


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126 STAT. 344 PUBLIC LAW 112–120—MAY 25, 2012 

(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) 


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PUBLIC LAW 112–120—MAY 25, 2012 126 STAT. 345 

LEGISLATIVE HISTORY—H.R. 4045: 

CONGRESSIONAL RECORD, Vol. 158 (2012): 

May 15, considered and passed House. 

May 17, considered and passed Senate. 

Æ 

of title 10, United States Code, to the Miscellaneous Receipts Fund 

of the United States Treasury. 

Approved May 25, 2012. 


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