I

104TH CONGRESS

1ST SESSION H. R. 1646

To revise and reform the statutes governing the organization and management

of the reserve components of the Armed Forces.

IN THE HOUSE OF REPRESENTATIVES

MAY 16, 1995

Mr. LAUGHLIN (for himself, Mr. JEFFERSON, Mr. COLEMAN, Mr. FIELDS of

Texas, Mr. HALL of Texas, Mr. PARKER, Mr. BREWSTER, Mr. HOBSON,

Mr. HASTERT, Mr. DREIER, Mr. HAYES, Mr. DELAY, Mr. CONDIT, Mr.

TALENT, Mr. KASICH, Mr. CRAMER, Mr. TANNER, Mr. PETERSON of

Minnesota, Mr. TAYLOR of Mississippi, Mr. TAUZIN, Mrs. THURMAN, Mr.

GEREN of Texas, Mr. CAMP, and Mr. GILLMOR) introduced the following

bill; which was referred to the Committee on National Security

A BILL

To revise and reform the statutes governing the organization

and management of the reserve components of the Armed

Forces.

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Reserve Forces Revitalization Act of 1995’’.

6 (b) TABLE OF CONTENTS.—The table of contents for

7 this Act is as follows:
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Sec. 1. Short title; table of contents.

TITLE I—FINDINGS AND PURPOSES

Sec. 101. Findings.

Sec. 102. Purposes.

TITLE II—RESERVE COMPONENT STRUCTURE

Sec. 201. Reserve component commands.

Sec. 202. Reserve component chiefs.

Sec. 203. Grade of Vice Chief of the National Guard Bureau.

Sec. 204. Grade for reserve personnel center commanders.

Sec. 205. Exemption from active duty general and flag officer grade ceilings.

Sec. 206. Guard and reserve technicians.

Sec. 207. Conforming amendment.

TITLE III—RESERVE COMPONENT ACCESSIBILITY

Sec. 301. Authority to activate Ready Reserve into active service.

Sec. 302. Report to Congress concerning tax incentives for employers of members of reserve components.

Sec. 303. Report to Congress concerning income insurance program for activated reservists.

TITLE IV—RESERVE COMPONENT RESOURCES

Sec. 401. Reports to Congress concerning shortfalls in reserve component resources.

Sec. 402. Allocation of funds appropriated for reserve components.

TITLE V—RESERVE FORCES SUSTAINMENT

Sec. 501. Report concerning tax deductibility of nonreimbursable expenses.

Sec. 502. Authority to pay transient housing charges for members performing

active duty for training at locations over 50 miles from residence.

Sec. 503. Sense of Congress concerning quarters allowance during service on

active duty for training.

Sec. 504. Sense of Congress concerning military leave policy.

Sec. 505. Group dental insurance plan for members of Selected Reserve.

Sec. 506. Local community and military personnel mutual benefits program.

Sec. 507. Commendation of Reserve Forces Policy Board.

1 TITLE I—FINDINGS AND

2 PURPOSES

3 SEC. 101. FINDINGS.

4 Congress finds the following:

5 (1) The end of the Cold War and the ensuing

6 period of worldwide readjustment and reassessment
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1 has brought with it a host of new military challenges

2 and opportunities.

3 (2) Never before in time of peace have the

4 Armed Forces been engaged in tasks in so many

5 parts of the world.

6 (3) The Persian Gulf War demonstrated the va7 lidity of the Total Force Policy, which places heavy

8 reliance upon the reserve components for the execu9 tion of military missions.

10 (4) The basic laws governing the organization

11 and administration of the reserve components have

12 not been comprehensively reexamined since the en13 actment in 1967 of the Reserve Forces Bill of

14 Rights and Vitalization Act (Public Law 90–168).

15 (5) A number of systemic problems have arisen

16 under the existing reserve component statutory

17 scheme which was designed in light of the perceived

18 threats and challenges of the Cold War era.

19 SEC. 102. PURPOSES.

20 The purpose of this Act is to revise the basic statu21 tory authorities governing the organization and adminis22 tration of the reserve components of the Armed Forces

23 in order to recognize the realities of reserve component

24 partnership in the Total Force and to better prepare the
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1 American citizen-soldier, sailor, airman, and Marine in

2 time of peace for duties in war.

3 TITLE II—RESERVE COMPONENT

4 STRUCTURE

5 SEC. 201. RESERVE COMPONENT COMMANDS.

6 (a) ESTABLISHMENT.—(1) Part I of subtitle E of

7 title 10, United States Code, is amended by inserting after

8 chapter 1005 the following new chapter:

9 ‘‘CHAPTER 1006—RESERVE COMPONENT

10 COMMANDS

‘‘Sec.

‘‘10171. Army Reserve Command.

‘‘10172. Naval Reserve Command.

‘‘10173. Marine Forces Reserve.

‘‘10174. Air Force Reserve Command.

11 ‘‘§ 10171. Army Reserve Command

12 ‘‘(a) ESTABLISHMENT OF COMMAND.—There is in

13 the Army an Army Reserve Command, which shall be op14 erated as a separate command of the Army. The Secretary

15 of the Army shall maintain that command with the advice

16 and assistance of the Chief of Staff of the Army.

17 ‘‘(b) COMMANDER.—The Chief of Army Reserve is

18 the commander of the Army Reserve Command. The com19 mander of the Army Reserve Command reports directly

20 to the Chief of Staff of the Army.

21 ‘‘(c) DEPUTY COMMANDER; CHIEF OF STAFF.—(1)

22 There is a deputy commander of the Army Reserve Com23 mand. The deputy commander holds the grade of major
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1 general shall and be appointed from members of the Army

2 Reserve in general officer grades.

3 ‘‘(2) There is a chief of staff of the Army Reserve

4 Command. The chief of staff holds the grade of brigadier

5 general and shall be appointed from members of the Army

6 Reserve in the grade of colonel or above.

7 ‘‘(d) ASSIGNMENT OF FORCES.—The Secretary of

8 the Army shall assign to the Army Reserve Command all

9 forces of the Army Reserve.

10 ‘‘§ 10172. Naval Reserve Command

11 ‘‘(a) ESTABLISHMENT OF COMMAND.—There is in

12 the Navy a Naval Reserve Command, which shall be oper13 ated as a separate command of the Navy. The Secretary

14 of the Navy shall maintain that command with the advice

15 and assistance of the Chief of Naval Operations.

16 ‘‘(b) COMMANDER.—The Chief of Naval Reserve is

17 the commander of the Naval Reserve Command. The com18 mander of the Naval Reserve Command reports directly

19 to the Chief of Naval Operations.

20 ‘‘(c) DEPUTY COMMANDER; CHIEF OF STAFF.—(1)

21 There is a deputy commander of the Naval Reserve Com22 mand. The deputy commander holds the grade of rear ad23 miral and shall be appointed from members of the Naval

24 Reserve in flag officer grades.
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1 ‘‘(2) There is a chief of staff of the Naval Reserve

2 Command. The chief of staff holds the grade of rear admi3 ral (lower half) and shall be appointed from members of

4 the Naval Reserve in the grade of captain or above.

5 ‘‘(d) ASSIGNMENT OF FORCES.—The Secretary of

6 the Navy shall assign to the Naval Reserve Command all

7 forces of the Naval Reserve.

8 ‘‘§ 10173. Marine Forces Reserve

9 ‘‘(a) ESTABLISHMENT.—There is in the Marine

10 Corps a command known as the Marine Forces Reserve.

11 The Secretary of the Navy shall maintain that command

12 with the advice and assistance of the Commandant of the

13 Marine Corps.

14 ‘‘(b) COMMANDER.—The Commander, Marine Forces

15 Reserve, reports directly to the Commandant of the Ma16 rine Corps.

17 ‘‘(c) DEPUTY COMMANDER.—There is a deputy com18 mander of the Marine Forces Reserve. The deputy com19 mander holds the grade of brigadier general and shall be

20 appointed from members of the Marine Corps Reserve in

21 the grade of colonel or above.

22 ‘‘(d) ASSIGNMENT OF FORCES.—The Commandant

23 of the Marine Corps shall assign to the Marine Forces Re24 serve specified portions of the Marine Corps Reserve.
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1 ‘‘§ 10174. Air Force Reserve Command

2 ‘‘(a) ESTABLISHMENT OF COMMAND.—There is in

3 the Air Force an Air Force Reserve Command, which shall

4 be operated as a separate command of the Air Force. The

5 Secretary of the Air Force shall maintain that command

6 with the advice and assistance of the Chief of Staff of the

7 Air Force.

8 ‘‘(b) COMMANDER.—The Chief of Air Force Reserve

9 is the commander of the Air Force Reserve Command.

10 The commander of the Air Force Reserve Command re11 ports directly to the Chief of Staff of the Air Force.

12 ‘‘(c) DEPUTY COMMANDER; CHIEF OF STAFF.—(1)

13 There is a deputy commander of the Air Force Reserve

14 Command. The deputy commander holds the grade of

15 major general and shall be appointed from members of

16 the Air Force Reserve in general officer grades.

17 ‘‘(2) There is a chief of staff of the Air Force Reserve

18 Command. The chief of staff holds the grade of brigadier

19 general and shall be appointed from members of the Air

20 Force Reserve in the grade of colonel or above.

21 ‘‘(d) ASSIGNMENT OF FORCES.—The Secretary of

22 the Air Force shall assign to the Air Force Reserve Com23 mand all forces of the Air Force Reserve.’’.

24 (2) The tables of chapters at the beginning of part

25 I of such subtitle and at the beginning of such subtitle
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1 are each amended by inserting after the item relating to

2 chapter 1005 the following new item:

‘‘1006. Reserve Component Commands ................................................... 10171’’.

3 (b) CONFORMING REPEAL.—Section 903 of the Na4 tional Defense Authorization Act for Fiscal Year 1991 (10

5 U.S.C. 3074 note) is repealed.

6 (c) IMPLEMENTATION REPORT.—(1) Not later than

7 60 days after the date of the enactment of this Act, the

8 Secretary of Defense shall submit to the congressional de9 fense committees a report on the plans of the Secretary

10 for implementation of chapter 1006 of title 10, United

11 States Code, as added by subsection (a).

12 (2) For purposes of this subsection, the term ‘‘con13 gressional defense committees’’ means—

14 (A) the Committee on National Security and

15 the Committee on Appropriations of the House of

16 Representatives; and

17 (B) the Committee on Armed Services and the

18 Committee on Appropriations of the Senate.

19 (d) IMPLEMENTATION SCHEDULE.—Implementation

20 of chapter 1006 of title 10, United States Code, as added

21 by subsection (a), shall begin not later than 90 days after

22 the date of the enactment of this Act and shall be com23 pleted not later than one year after such date.
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1 SEC. 202. RESERVE COMPONENT CHIEFS.

2 (a) CHIEF OF ARMY RESERVE.—Section 3038 of title

3 10, United States Code, is amended to read as follows:

4 ‘‘§ 3038. Office of Army Reserve: appointment of

5 Chief; Deputy Chiefs

6 ‘‘(a) ESTABLISHMENT OF OFFICE; CHIEF OF ARMY

7 RESERVE.—There is in the executive part of the Depart8 ment of the Army an Office of the Army Reserve, which

9 is headed by a Chief of Army Reserve. The Chief of Army

10 Reserve—

11 ‘‘(1) is the principal adviser on Army Reserve

12 matters to the Chief of Staff and the Assistant Sec13 retary of the Army with responsibility for reserve af14 fairs; and

15 ‘‘(2) is the commander of the Army Reserve

16 Command.

17 ‘‘(b) APPOINTMENT.—The President, by and with the

18 advice and consent of the Senate, shall appoint the Chief

19 of Army Reserve from officers of the Army Reserve who

20 are not on active duty, or who are on active duty under

21 section 10211 of this title, and who—

22 ‘‘(1) have had at least 10 years of commis23 sioned service in the Army Reserve;

24 ‘‘(2) are in a grade above colonel; and

25 ‘‘(3) have been recommended by the Secretary

26 of the Army.
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1 ‘‘(c) TERM OF OFFICE; GRADE.—(1) The Chief of

2 Army Reserve holds office for four years, but may be re3 moved for cause at any time. In time of war or during

4 a national emergency declared by Congress, the Chief may

5 be reappointed for a term of not more than four years.

6 ‘‘(2) The Chief of Army Reserve, while so serving,

7 has the grade of lieutenant general in the Army Reserve

8 without vacating his permanent grade.

9 ‘‘(d) DEPUTY CHIEFS OF ARMY RESERVE.—There

10 are two Deputy Chiefs of Army Reserve, one of whom shall

11 be in the grade of major general and shall be appointed

12 from officers in the Army Reserve in general officer grades

13 and one of whom shall be in the grade of brigadier general

14 and shall be appointed from members of the Army Reserve

15 in the grade of colonel or above.

16 ‘‘(e) BUDGET.—The Chief of Army Reserve is the of17 ficial within the executive part of the Department of the

18 Army who, subject to the authority, direction, and control

19 of the Secretary of the Army and the Chief of Staff, is

20 responsible for preparation, justification, and execution of

21 budgets for the Army Reserve. As such, the Chief of Army

22 Reserve is the director and functional manager of appro23 priations made for the Army Reserve (including appro24 priations for personnel, for operations and maintenance,

25 for procurement, and for construction).
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1 ‘‘(f) FULL TIME SUPPORT PROGRAM.—The Chief of

2 Army Reserve manages, with respect to the Army Reserve,

3 the personnel program of the Department of Defense

4 known as the Full Time Support Program.

5 ‘‘(g) ANNUAL REPORT TO CONGRESS.—(1) The Chief

6 of Army Reserve shall submit to Congress an annual re7 port on the status of the Army Reserve. The report shall

8 include descriptions of—

9 ‘‘(A) the roles and missions of the Army Re10 serve;

11 ‘‘(B) the structure of the Army Reserve; and

12 ‘‘(C) the readiness of the Army Reserve to

13 carry out assigned missions.

14 ‘‘(2) The annual report under paragraph (1) shall be

15 submitted through the Secretary of the Army and shall

16 be submitted each year with the submission of budget jus17 tification information provided by the Department of De18 fense to Congress for the next fiscal year.’’.

19 (2) The item relating to that section in the table of

20 sections at the beginning of chapter 305 of such title is

21 amended to read as follows:

‘‘3038. Office of Army Reserve: appointment of Chief; Deputy Chiefs.’’.

22 (b) CHIEF OF NAVAL RESERVE.—(1) Chapter 513

23 of such title is amended by inserting after section 5142a

24 the following new section:
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1 ‘‘§ 5143. Office of Naval Reserve: appointment of

2 Chief; Deputy Chiefs

3 ‘‘(a) ESTABLISHMENT OF OFFICE; CHIEF OF NAVAL

4 RESERVE.—There is in the executive part of the Depart5 ment of the Navy an Office of the Naval Reserve, which

6 is headed by a Chief of Naval Reserve. The Chief of Naval

7 Reserve—

8 ‘‘(1) is the principal adviser on Naval Reserve

9 matters to the Chief of Naval Operations and the

10 Assistant Secretary of the Navy with responsibility

11 for reserve affairs; and

12 ‘‘(2) is the commander of the Naval Reserve

13 Command.

14 ‘‘(b) APPOINTMENT.—The President, by and with the

15 advice and consent of the Senate, shall appoint the Chief

16 of Naval Reserve from officers of the Naval Reserve who

17 are not on active duty, or who are on active duty under

18 section 10211 of this title, and who—

19 ‘‘(1) have had at least 10 years of commis20 sioned service in the Naval Reserve;

21 ‘‘(2) are in a grade above captain; and

22 ‘‘(3) have been recommended by the Secretary

23 of the Navy.

24 ‘‘(c) TERM OF OFFICE; GRADE.—(1) The Chief of

25 Naval Reserve holds office for four years, but may be re26 moved for cause at any time. In time of war or during
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1 a national emergency declared by Congress, the Chief may

2 be reappointed for a term of not more than four years.

3 ‘‘(2) The Chief of Naval Reserve, while so serving,

4 has the grade of vice admiral in the Naval Reserve without

5 vacating his permanent grade.

6 ‘‘(d) DEPUTY CHIEFS OF NAVAL RESERVE.—There

7 are two Deputy Chiefs of Naval Reserve, one of whom

8 shall be in the grade of rear admiral and shall be ap9 pointed from officers in the Naval Reserve in flag officer

10 grades and one of whom shall be in the grade of rear admi11 ral (lower half) and shall be appointed from members of

12 the Naval Reserve in the grade of captain or above.

13 ‘‘(e) BUDGET.—The Chief of Naval Reserve is the of14 ficial within the executive part of the Department of the

15 Navy who, subject to the authority, direction, and control

16 of the Secretary of the Navy and the Chief of Naval Oper17 ations, is responsible for preparation, justification, and

18 execution of budgets for the Naval Reserve. As such, the

19 Chief of Naval Reserve is the director and functional man20 ager of appropriations made for the Naval Reserve (in21 cluding appropriations for personnel, for operations and

22 maintenance, for procurement, and for construction).

23 ‘‘(f) FULL TIME SUPPORT PROGRAM.—The Chief of

24 Naval Reserve manages, with respect to the Naval Re-
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1 serve, the personnel program of the Department of De2 fense known as the Full Time Support Program.

3 ‘‘(g) ANNUAL REPORT TO CONGRESS.—(1) The Chief

4 of Naval Reserve shall submit to Congress an annual re5 port on the status of the Naval Reserve. The report shall

6 include descriptions of—

7 ‘‘(A) the roles and missions of the Naval Re8 serve;

9 ‘‘(B) the structure of the Naval Reserve; and

10 ‘‘(C) the readiness of the Naval Reserve to

11 carry out assigned missions.

12 ‘‘(2) The annual report under paragraph (1) shall be

13 submitted through the Secretary of the Navy and shall

14 be submitted each year with the submission of budget jus15 tification information provided by the Department of De16 fense to Congress for the next fiscal year.’’.

17 (2) The table of sections at the beginning of such

18 chapter is amended by inserting after the item relating

19 to section 5142a the following new item:

‘‘5143. Office of Naval Reserve: appointment of Chief; Deputy Chiefs.’’.

20 (c) CHIEF OF MARINE CORPS RESERVE.—(1) Chap21 ter 513 of such title is amended by inserting after section

22 5143 (as added by subsection (b)) the following new sec23 tion:
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1 ‘‘§ 5144. Office of Marine Forces Reserve: appoint2 ment of Commander

3 ‘‘(a) ESTABLISHMENT OF OFFICE; COMMANDER, MA4 RINE FORCES RESERVE.—There is in the executive part

5 of the Department of the Navy an Office of the Marine

6 Forces Reserve, which is headed by the Commander, Ma7 rine Forces Reserve. The Commander, Marine Forces Re8 serve—

9 ‘‘(1) is the principal adviser to the Com10 mandant on Marine Corps Reserve matters and

11 ‘‘(2) is the commander of the Marine Forces

12 Reserve.

13 ‘‘(b) TERM OF OFFICE; GRADE.—(1) The Com14 mander, Marine Forces Reserve, holds office for a term

15 determined by the Commandant of the Marine Corps.

16 ‘‘(2) The Commander, Marine Forces Reserve, while

17 so serving, has the grade of lieutenant general, except that

18 if the Commandant of the Marine Corps recommends to

19 the Secretary of the Navy that such position be held by

20 an offficer in the grade of major general, such position

21 may be held by an officer in that grade.

22 ‘‘(d) ANNUAL REPORT TO CONGRESS.—(1) The

23 Commandant of the Marine Corps shall submit to Con24 gress an annual report on the status of the Marine Corps

25 Reserve. The report shall include descriptions of—
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1 ‘‘(A) the roles and missions of the Marine

2 Corps Reserve;

3 ‘‘(B) the structure of the Marine Corps Re4 serve; and

5 ‘‘(C) the readiness of the Marine Corps Reserve

6 to carry out assigned missions.

7 ‘‘(2) The annual report under paragraph (1) shall be

8 submitted through the Secretary of the Navy and shall

9 be submitted each year with the submission of budget jus10 tification information provided by the Department of De11 fense to Congress for the next fiscal year.’’.

12 (2) The table of sections at the beginning of such

13 chapter is amended by inserting after the item relating

14 to section 5143 (as added by subsection (b)) the following

15 new item:

‘‘5144. Office of Marine Forces Reserve: appointment of Commander.’’.

16 (d) CHIEF OF AIR FORCE RESERVE.—Section 8038

17 of such title is amended to read as follows:

18 ‘‘§ 8038. Office of Air Force Reserve: appointment of

19 Chief; Deputy Chiefs

20 ‘‘(a) ESTABLISHMENT OF OFFICE; CHIEF OF AIR

21 FORCE RESERVE.—There is in the executive part of the

22 Department of the Air Force an Office of the Air Force

23 Reserve, which is headed by a Chief of Air Force Reserve.

24 The Chief of Air Force Reserve—
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1 ‘‘(1) is the principal adviser on Air Force Re2 serve matters to the Chief of Staff and the Assistant

3 Secretary of the Air Force with responsibility for re4 serve affairs; and

5 ‘‘(2) is the commander of the Air Force Reserve

6 Command.

7 ‘‘(b) APPOINTMENT.—The President, by and with the

8 advice and consent of the Senate, shall appoint the Chief

9 of Air Force Reserve from officers of the Air Force Re10 serve who are not on active duty, or who are on active

11 duty under section 10211 of this title, and who—

12 ‘‘(1) have had at least 10 years of commis13 sioned service in the Air Force Reserve;

14 ‘‘(2) are in a grade above colonel; and

15 ‘‘(3) have been recommended by the Secretary

16 of the Air Force.

17 ‘‘(c) TERM OF OFFICE; GRADE.—(1) The Chief of

18 Air Force Reserve holds office for four years, but may be

19 removed for cause at any time. In time of war or during

20 a national emergency declared by Congress, the Chief may

21 be reappointed for a term of not more than four years.

22 ‘‘(2) The Chief of Air Force Reserve, while so serving,

23 has the grade of lieutenant general in the Air Force Re24 serve without vacating his permanent grade.
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1 ‘‘(d) DEPUTY CHIEFS OF AIR FORCE RESERVE.—

2 There are two Deputy Chiefs of Air Force Reserve, one

3 of whom shall be in the grade of major general and shall

4 be appointed from officers in the Air Force Reserve in

5 general officer grades and one of whom shall be in the

6 grade of brigadier general and shall be appointed from

7 members of the Air Force Reserve in the grade of colonel

8 or above.

9 ‘‘(e) BUDGET.—The Chief of Air Force Reserve is the

10 official within the executive part of the Department of the

11 Air Force who, subject to the authority, direction, and

12 control of the Secretary of the Air Force and the Chief

13 of Staff, is responsible for preparation, justification, and

14 execution of budgets for the Air Force Reserve. As such,

15 the Chief of Air Force Reserve is the director and func16 tional manager of appropriations made for the Air Force

17 Reserve (including appropriations for personnel, for oper18 ations and maintenance, for procurement, and for con19 struction).

20 ‘‘(f) FULL TIME SUPPORT PROGRAM.—The Chief of

21 Air Force Reserve manages, with respect to the Air Force

22 Reserve, the personnel program of the Department of De23 fense known as the Full Time Support Program.

24 ‘‘(g) ANNUAL REPORT TO CONGRESS.—(1) The Chief

25 of Air Force Reserve shall submit to Congress an annual
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1 report on the status of the Air Force Reserve. The report

2 shall include descriptions of—

3 ‘‘(A) the roles and missions of the Air Force

4 Reserve;

5 ‘‘(B) the structure of the Air Force Reserve;

6 and

7 ‘‘(C) the readiness of the Air Force Reserve to

8 carry out assigned missions.

9 ‘‘(2) The annual report under paragraph (1) shall be

10 submitted through the Secretary of the Air Force and

11 shall be submitted each year with the submission of budget

12 justification information provided by the Department of

13 Defense to Congress for the next fiscal year.’’.

14 (2) The item relating to that section in the table of

15 sections at the beginning of chapter 805 of such title is

16 amended to read as follows:

‘‘8038. Office of Army Reserve: appointment of Chief; Deputy Chiefs.’’.

17 (e) CONFORMING AMENDMENT.—Section 641(1)(B)

18 of such title is amended by inserting ‘‘5143, 5144,’’ after

19 ‘‘3038,’’.

20 SEC. 203. GRADE OF VICE CHIEF OF THE NATIONAL GUARD

21 BUREAU.

22 Section 10505(c) of title 10, United States Code, is

23 amended by striking out ‘‘major general’’ and inserting

24 in lieu thereof ‘‘lieutenant general’’.
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1 SEC. 204. GRADE FOR RESERVE PERSONNEL CENTER COM2 MANDERS.

3 (a) IN GENERAL.—Chapter 1007 of title 10, United

4 States Code, is amended by adding at the end the follow5 ing new section:

6 ‘‘§ 10216. Reserve personnel centers: grade of com7 mander

8 ‘‘The commanders of the reserve personnel centers

9 for the Army Reserve, the Air Force Reserve, and the Ma10 rine Corps Reserve shall each be a Reserve officer in the

11 grade of brigadier general. The commander of the reserve

12 personnel center for the Naval Reserve shall be a Reserve

13 officer in the grade of rear admiral (lower half).’’.

14 (b) CLERICAL AMENDMENT.—The table of sections

15 at the beginning of such chapter is amended by adding

16 at the end the following new item:

‘‘10216. Reserve personnel centers: grade of commander.’’.

17 SEC. 205. EXEMPTION FROM ACTIVE DUTY GENERAL AND

18 FLAG OFFICER GRADE CEILINGS.

19 Section 526 of title 10, United States Code, is

20 amended by adding at the end the following new sub21 section:

22 ‘‘(e) A Reserve general or flag officer serving on ac23 tive duty under section 10203, 10211, or 12301(d) of this

24 title or who is on active duty but is excluded from the

25 active-duty list under section 641(1)(B) of this title may
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1 not be counted against any ceiling established by law or

2 by administrative action on—

3 ‘‘(1) the total number of general or flag officers

4 who may be serving on active duty in the Army,

5 Navy, Air Force, or Marine Corps;

6 ‘‘(2) the total number of general or flag officers

7 who may be serving on active duty in any of those

8 armed forces; or

9 ‘‘(3) the number of officers who may be serving

10 on active duty in a particular general or flag officer

11 grade.’’.

12 SEC. 206. GUARD AND RESERVE TECHNICIANS.

13 (a) IN GENERAL.—Chapter 1007 of title 10, United

14 States Code, is amended by adding after section 10216,

15 as added by section 203, the following new section:

16 ‘‘§ 10217. Military (civilian) technicians: number of

17 positions

18 ‘‘(a) LIMITATION ON REDUCTIONS.—The total num19 ber of positions authorized for personnel classified military

20 (civilian) technicians of the Army National Guard, the Air

21 National Guard, the Army Reserve, and the Air Force Re22 serve may not be reduced below the number specified in

23 subsection (b) for the purpose of applying any administra24 tively imposed civilian personnel ceiling, freeze, or reduc25 tion on such technician positions, unless such reduction
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1 is a direct result of a reduction in reserve component force

2 structure.

3 ‘‘(b) BASELINE NUMBER.—The number referred to

4 in subsection (a) is the total number of positions referred

5 to in that subsection that are authorized as of the date

6 of the enactment of this section.’’.

7 (b) CLERICAL AMENDMENT.—The table of sections

8 at the beginning of such chapter is amended by adding

9 after the item relating to section 10217, as added by sec10 tion 203, the following new item:

‘‘10217. Military (civilian) technicians: number of positions.’’.

11 SEC. 207. CONFORMING AMENDMENT.

12 Section 641(1)(B) of title 10, United States Code,

13 as amended by section 202(e), is amended by striking out

14 ‘‘10501’’ and inserting in lieu thereof ‘‘section 10502,

15 10505, 10506’’.

16 TITLE III—RESERVE

17 COMPONENT ACCESSIBILITY

18 SEC. 301. AUTHORITY TO ACTIVATE READY RESERVE INTO

19 ACTIVE SERVICE.

20 (a) REVISED AUTHORITY.—Section 12302 of title 10,

21 United States Code, is amended to read as follows:

22 ‘‘§ 12302. Reserve activation authority: Ready Re23 serve units and members

24 ‘‘(a) PRESIDENTIAL AUTHORITY.—(1) If the Presi25 dent determines that augmentation of the active forces is
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1 necessary for a purpose specified in paragraph (2), the

2 President may provide Reserve activation authority with

3 respect to any of the reserve components.

4 ‘‘(2) The circumstances referred to in paragraph (1)

5 are the following:

6 ‘‘(A) In time of national emergency declared by

7 the President.

8 ‘‘(B) When necessary to provide Federal disas9 ter relief to a State, when requested by the Governor

10 of the State.

11 ‘‘(C) When otherwise authorized by law.

12 ‘‘(3) In this section, the term ‘Reserve activation au13 thority’ means authority provided by the President to the

14 Secretary of Defense, or to the Secretary of Transpor15 tation with respect to the Coast Guard when it is not oper16 ating as a service of the Navy, to order to active duty

17 (other than for training) without the consent of the mem18 bers concerned (A) any unit of the Ready Reserve, and

19 (B) any member of the Ready Reserve not assigned to a

20 unit organized to serve as a unit.

21 ‘‘(b) PRIOR NOTICE TO CONGRESS.—Whenever the

22 President intends to provide Reserve activation authority

23 under the authority of this section, the President shall,

24 not less than 48 hours before providing such authority,

25 transmit to Congress a report, in writing, giving notice
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1 of the proposed exercise of authority and setting forth the

2 circumstances necessitating the provision of Reserve acti3 vation authority. In the report, the President shall—

4 ‘‘(1) identify the units or members expected to

5 be ordered to active duty or active Federal service;

6 ‘‘(2) describe the anticipated use of those units

7 or members on active duty or in active Federal serv8 ice and the anticipated length of time the units or

9 members will be required; and

10 ‘‘(3) specify why the mission cannot be accom11 plished through the use of active component units.

12 ‘‘(c) TIME LIMITATION FOR ACTIVATION.—(1) When

13 Reserve activation authority is provided under subsection

14 (a), the Secretary of Defense, and the Secretary of Trans15 portation with respect to the Coast Guard when it is not

16 serving as a service in the Navy, may, without the consent

17 of the persons concerned, order any unit, and any member

18 not assigned to a unit organized to serve as a unit, in

19 the Ready Reserve under the jurisdiction of that Sec20 retary, to active duty (other than for training), for a pe21 riod not to exceed 24 consecutive months.

22 ‘‘(2) When a unit or member is ordered to active duty

23 or active Federal service under paragraph (1), the Sec24 retary concerned shall submit to Congress a report, in

25 writing, giving notice of such order and stating the period
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1 of time for which the unit or member is ordered to active

2 duty or active Federal service.

3 ‘‘(3) If an extension beyond the period specified in

4 a report under paragraph (2) is subsequently ordered for

5 any such unit or member, the Secretary shall, not less

6 than seven days before the extension becomes effective,

7 submit to Congress a report, in writing, giving notice of

8 the extension.

9 ‘‘(d) QUARTERLY REPORTS TO CONGRESS.—(1)

10 Whenever Reserve activation authority under subsection

11 (a) is in effect, the President shall, within two working

12 days of the close of each fiscal year quarter during which

13 units or members of the Ready Reserve are on active duty

14 or in active Federal service pursuant to the exercise of

15 that authority, transmit to Congress a report regarding

16 the necessity for those units or members being retained

17 on active duty or in active Federal service, as the case

18 may be.

19 ‘‘(2) The President shall include in each such report

20 the following:

21 ‘‘(A) A statement of the mission of each such

22 unit so ordered to active duty or active Federal serv23 ice.

24 ‘‘(B) An evaluation of each such unit’s perform25 ance of that mission.
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1 ‘‘(C) A description where each such unit is de2 ployed (or being deployed, if in transit) at the time

3 of the report.

4 ‘‘(D) An explanation of why the mission cannot

5 be accomplished by regular force units.

6 ‘‘(E) A statement of the number of members so

7 ordered to active duty, shown for members so or8 dered as members of units and for members who are

9 not assigned to units organized to serve as units.

10 ‘‘(F) Any other information that the President

11 considers appropriate regarding each such unit.

12 ‘‘(e) NUMERIC LIMIT.—Not more than 1,000,000

13 members of the Ready Reserve may be on active duty

14 (other than for training) without their consent under this

15 section at any one time.

16 ‘‘(f) POLICIES AND PROCEDURES.—The Secretary of

17 Defense shall prescribe such policies and procedures as the

18 Secretary considers necessary to carry out this section.

19 Such policies and procedures shall be prescribed in coordi20 nation with the Secretary of Transportation, insofar as

21 they relate to the Coast Guard when not serving as part

22 of the Navy.’’.

23 (b) RELEASE FROM ACTIVE DUTY.—Chapter 1209

24 of such title is amended by inserting after section 12304

25 the following new sections:
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1 ‘‘§ 12304a. Release from active duty

2 ‘‘(a) POLICIES AND PROCEDURES.—The Secretary of

3 Defense shall prescribe policies and procedures for the re4 lease from active duty of units and members ordered to

5 active duty under section 12302, 12303, or 12304 of this

6 title. Such policies and procedures shall be prescribed in

7 coordination with the Secretary of Transportation, insofar

8 as they relate to the Coast Guard when not serving as

9 part of the Navy.

10 ‘‘(b) MATTERS TO BE INCLUDED.—Those policies

11 and procedures shall—

12 ‘‘(1) contain specific guidelines that units and

13 members so ordered to active duty should be re14 tained on active duty only when no active component

15 unit or active component member is available to per16 form the mission that the reserve component unit or

17 member would otherwise perform; and

18 ‘‘(2) take into account the effects of continu19 ation of such units and members on active duty on

20 civilian employment (including hardships to employ21 ers) and on family members.

22 ‘‘(c) TERMINATION OF ACTIVATION.—Whenever a

23 unit of the Ready Reserve or a member of the Ready Re24 serve not assigned to a unit organized to serve as a unit

25 is ordered to active duty under section 12304 of this title,
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1 the service of all units or members so ordered to active

2 duty may be terminated—

3 ‘‘(1) by order of the President, or

4 ‘‘(2) by law.

5 ‘‘§ 12304b. Limitation on frequency of activation of

6 units and members

7 ‘‘(a) LIMITATION ON FREQUENT ACTIVATIONS.—Ex8 cept as provided in subsection (b), a unit of the Ready

9 Reserve of a reserve component, or a member of the Ready

10 Reserve not assigned to a unit organized to serve as a

11 unit, may not be ordered to active duty under section

12 12302 or 12304 of this title more than once in any 24-

13 month period.

14 ‘‘(b) WAIVER AUTHORITY.—(1) The President may

15 waive the limitation in subsection (a) with respect to any

16 unit or member upon a determination by the President

17 that unit or member has a capability that is urgently re18 quired and that is not otherwise available.

19 ‘‘(2) Before any such waiver is effective, the Presi20 dent shall transmit to Congress a report, in writing, giving

21 notice of the waiver and stating the basis for the deter22 mination by the President under paragraph (1) that

23 formed the basis for the waiver.’’.

24 (c) CLERICAL AMENDMENT.—The table of sections

25 at the beginning of such chapter is amended by striking
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1 out the items relating to sections 12302, 12303, and

2 12304 and inserting in lieu thereof the following:

‘‘12302. Reserve activation authority: Ready Reserve units and members.

‘‘12303. Ready Reserve: members not assigned to, or participating satisfactorily in, units.

‘‘12304. Selected Reserve: order to active duty other than during war or national emergency.

‘‘12304a. Release from active duty.

‘‘12304b. Limitation on frequency of activation of units and members’’.

3 (c) CONFORMING AMENDMENT.—Section 641(1)(E)

4 of such title is amended by striking out ‘‘section 12304’’

5 and inserting in lieu thereof ‘‘section 12302, section

6 12303, section 12304,’’.

7 SEC. 302. REPORT TO CONGRESS CONCERNING TAX INCEN8 TIVES FOR EMPLOYERS OF MEMBERS OF RE9 SERVE COMPONENTS.

10 Not later than 180 days after the date of the enact11 ment of this Act, the Secretary of Defense shall submit

12 to Congress a report setting forth a draft of legislation

13 to provide tax incentives to employers of members of re14 serve components in order to compensate employers for

15 absences of those employees due to required or involuntary

16 training and for absences due to performance of required

17 or involuntary active duty.

18 SEC. 303. REPORT TO CONGRESS CONCERNING INCOME IN19 SURANCE PROGRAM FOR ACTIVATED RE20 SERVISTS.

21 Not later than 180 days after the date of the enact22 ment of this Act, the Secretary of Defense shall submit
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1 to Congress a report setting forth a draft of legislation

2 to establish an income insurance program to provide mem3 bers of reserve components who are ordered to active duty

4 or active Federal service (other than for training) income

5 replacement for loss of income during the period of such

6 activation and, in the case of such a member who owns

7 a business, income replacement for the business and for

8 employees of that member or business who have a loss of

9 income during the period of such activation attributable

10 to the activation of the member.

11 SEC. 304. REPORT TO CONGRESS CONCERNING SMALL

12 BUSINESS LOANS FOR MEMBERS RELEASED

13 FROM RESERVE SERVICE DURING CONTIN14 GENCY OPERATIONS.

15 Not later than 180 days after the date of the enact16 ment of this Act, the Secretary of Defense shall submit

17 to Congress a report setting forth a draft of legislation

18 to establish a small business loan program to provide

19 members of reserve components who are ordered to active

20 duty or active Federal service (other than for training)

21 during a contingency operation (as defined in section 101

22 of title 10, United States Code) low-cost loans to assist

23 those members in retaining or rebuilding businesses that

24 were affected by their service on active duty or in active

25 Federal service.
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1 TITLE IV—RESERVE

2 COMPONENT RESOURCES

3 SEC. 401. ANNUAL REPORT TO CONGRESS CONCERNING

4 SHORTFALLS IN RESERVE COMPONENT RE5 SOURCES.

6 (a) IN GENERAL.—(1) Chapter 1013 of title 10,

7 United States Code, is amended by adding at the end the

8 following new section:

9 ‘‘§ 10543. Funding shortfalls in budget: annual report

10 ‘‘The Secretary of Defense shall include in the annual

11 report to Congress under section 113(c) of this title a re12 port on any shortfall or anticipated shortfall in funding

13 for reserve component personnel, operations and mainte14 nance, equipment, or military construction in the budget

15 for the fiscal year beginning in the year in which the re16 port is submitted.’’.

17 (b) CLERICAL AMENDMENT.—The table of sections

18 at the beginning of such chapter is amended by adding

19 at the end the following new item:

‘‘10543. Funding shortfalls in budget: annual report.’’.

20 SEC. 402. ALLOCATION OF FUNDS APPROPRIATED FOR RE21 SERVE COMPONENTS.

22 (a) LIMITATION.—Any amount appropriated for the

23 Department of Defense for any reserve component shall

24 be allocated by the Secretary of Defense to the use of that
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1 reserve component for the purposes provided by Congress.

2 Any funds in a reserve component appropriation account

3 may be transferred to an appropriation account for one

4 of the active components only if the transfer of such

5 amount from such reserve component account to such ac6 tive component account is specifically authorized by law.

7 (b) IDENTIFICATION OF CERTAIN AMOUNTS IN RE8 SERVE ACCOUNTS.—The Secretary of Defense shall en9 sure that any amount in a reserve component appropria10 tion account that is intended for military or civilian per11 sonnel of the active components for service in support of

12 that reserve component shall be shown separately in budg13 et justification documents and otherwise in appropriate

14 documents in the budget process.

15 TITLE V—RESERVE FORCES

16 SUSTAINMENT

17 SEC. 501. REPORT CONCERNING TAX DEDUCTIBILITY OF

18 NONREIMBURSABLE EXPENSES.

19 Not later than 180 days after the date of the enact20 ment of this Act, the Secretary of Defense shall submit

21 to Congress a report setting forth a draft of legislation

22 to restore the tax deductibility of nonreimbursable ex23 penses incurred by members of reserve components in con24 nection with military service.
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1 SEC. 502. AUTHORITY TO PAY TRANSIENT HOUSING

2 CHARGES FOR MEMBERS PERFORMING AC3 TIVE DUTY FOR TRAINING AT LOCATIONS

4 OVER 50 MILES FROM RESIDENCE.

5 Section 404(j)(1) of title 37, United States Code, is

6 amended by striking out ‘‘annual training duty’’ and in7 serting in lieu thereof ‘‘active duty for training, annual

8 training duty’’.

9 SEC. 503. SENSE OF CONGRESS CONCERNING QUARTERS

10 ALLOWANCE DURING SERVICE ON ACTIVE

11 DUTY FOR TRAINING.

12 It is the sense of Congress that the United States

13 should continue to pay members of reserve components ap14 propriate quarters allowances during periods of service on

15 active duty for training.

16 SEC. 504. SENSE OF CONGRESS CONCERNING MILITARY

17 LEAVE POLICY.

18 It is the sense of Congress that military leave policies

19 in effect as of the date of the enactment of this Act with

20 respect to members of the reserve components should not

21 be changed.

22 SEC. 505. GROUP DENTAL INSURANCE PLAN FOR MEMBERS

23 OF SELECTED RESERVE.

24 The Secretary of Defense shall seek to arrange for

25 the establishment by a private-sector insurance carrier of

26 a group dental insurance plan for members of the Selected
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1 Reserve and their dependents which would enable those

2 members and their dependents to obtain dental care at

3 a low cost.

4 SEC. 506. LOCAL COMMUNITY AND MILITARY PERSONNEL

5 MUTUAL BENEFITS PROGRAM.

6 (a) IN GENERAL.—Chapter 53 of title 10, United

7 States Code, is amended by adding at the end the follow8 ing new section:

9 ‘‘§ 1060b. Local community and military personnel

10 mutual benefits program

11 ‘‘The Secretary of Defense shall seek to enter into

12 an agreement with the appropriate national organization

13 representing retail merchants under which that organiza14 tion would sponsor a program for the provision of price

15 discounts by participating retail merchants to members of

16 the armed forces.’’.

17 (b) CLERICAL AMENDMENT.—The table of sections

18 at the beginning of such chapter is amended by adding

19 at the end the following new item:

‘‘1060b. Local community and military personnel mutual benefits program.’’.

20 SEC. 507. COMMENDATION OF RESERVE FORCES POLICY

21 BOARD.

22 (a) COMMENDATION.—The Congress commends the

23 Reserve Forces Policy Board, created by the Armed

24 Forces Reserve Act of 1952 (Public Law 82–476), for its

25 fine work in the past as an independent source of advice
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1 to the Secretary of Defense on all matters pertaining to

2 the reserve components.

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that the Reserve Forces Policy Board and the re5 serve forces policy committees for the individual branches

6 of the Armed Forces should continue to perform the vital

7 role of providing the civilian leadership of the Department

8 of Defense with independent advice on matters pertaining

9 to the reserve components.

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