II 

111TH CONGRESS 

1ST SESSION S. 1426 

To amend title 10, United States Code, to provide for the retention on 

active duty after demobilization of members of the reserve components 

of the Armed Forces following extended deployments in contingency 

operations or homeland defense missions, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 9, 2009 

Mr. WYDEN introduced the following bill; which was read twice and referred 

to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to provide for the 

retention on active duty after demobilization of members 

of the reserve components of the Armed Forces following 

extended deployments in contingency operations or homeland defense missions, and for other purposes. 

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. 

4 This Act may be cited as the ‘‘National Guard and 

5 Reserve Soft Landing Reintegration Act’’. 


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1 SEC. 2. RETENTION ON ACTIVE DUTY AFTER DEMOBILIZA2 TION OF RESERVES FOLLOWING EXTENDED 

3 DEPLOYMENTS IN CONTINGENCY OPER4 ATIONS OR HOMELAND DEFENSE MISSIONS. 

5 (a) IN GENERAL.—Chapter 1209 of title 10, United 

6 States Code, is amended by adding at the end the fol7 lowing new section: 

8 ‘‘§ 12323. Reserves: retention on active duty after de9 mobilization following extended deploy10 ments in contingency operations or 

11 homeland defense missions 

12 ‘‘(a) IN GENERAL.—A member of a reserve compo13 nent of the Armed Forces described in subsection (b) shall 

14 be retained on active duty in the Armed Forces for a pe15 riod of 90 days following the conclusion of the member’s 

16 demobilization from a deployment as described in that 

17 subsection, and shall be authorized the use of any accrued 

18 leave. 

19 ‘‘(b) COVERED MEMBERS.—A member of a reserve 

20 component of the Armed Forces described in this sub21 section is any member of a reserve component of the 

22 Armed Forces who was deployed for more than 179 days 

23 under the following: 

24 ‘‘(1) A contingency operation. 


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1 ‘‘(2) A homeland defense mission (as specified 

2 by the Secretary of Defense for purposes of this sec3 tion). 

4 ‘‘(c) PAY AND ALLOWANCES.—Notwithstanding any 

5 other provision of law, a member on active duty under sub6 section (a) shall be paid pay and allowances as follows: 

7 ‘‘(1) For the first 30 days during which the 

8 member is so retained on active duty— 

9 ‘‘(A) the basic pay payable to a member of 

10 the Armed Forces under section 204 of title 37 

11 in the same pay grade as the member; 

12 ‘‘(B) the basic allowance for subsistence 

13 payable under section 402 of title 37; and 

14 ‘‘(C) the basic allowance for housing pay15 able under section 403 of title 37 for a member 

16 in the same pay grade, geographic location, and 

17 number of dependents as the member. 

18 ‘‘(2) For the second 30 days during which the 

19 member is so retained on active duty, basic pay, 

20 basic allowance for subsistence, and basic allowance 

21 for housing as described in paragraph (1) but at 

22 rates equal to 75 percent of the rates otherwise pay23 able as described in that paragraph. 

24 ‘‘(3) For the third 30 days during which the 

25 member is so retained on active duty, basic pay, 


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1 basic allowance for subsistence, and basic allowance 

2 for housing as described in paragraph (1) but at 

3 rates equal to 50 percent of the rates otherwise pay4 able as described in that paragraph. 

5 ‘‘(d) RELEASE FROM ACTIVE DUTY.—(1) A member 

6 retained on active duty under subsection (a) may be re7 leased from active duty at the request of the member at 

8 any time following the end of the 15-day period com9 mencing on the date the member is retained on active duty 

10 under subsection (a). 

11 ‘‘(2) The request of a member for release from active 

12 duty under this subsection shall be subject to the approval 

13 of the officer in the chain of command of the member in 

14 grade O–5. 

15 ‘‘(e) REINTEGRATION COUNSELING AND SERV16 ICES.—(1) The Secretary of the military department con17 cerned shall provide each member retained on active duty 

18 under subsection (a), while the member is so retained on 

19 active duty, counseling and services to assist the member 

20 in reintegrating into civilian life. 

21 ‘‘(2) The counseling and services provided members 

22 under this subsection shall include the following: 

23 ‘‘(A) Physical and mental health evaluations. 

24 ‘‘(B) Employment counseling and assistance. 


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1 ‘‘(C) Marriage and family counseling and as2 sistance. 

3 ‘‘(D) Financial management counseling. 

4 ‘‘(E) Education counseling. 

5 ‘‘(F) Counseling and assistance on benefits 

6 available to the member through the Department of 

7 Defense and the Department of Veterans Affairs. 

8 ‘‘(3) The Secretary of the military department con9 cerned shall provide, to the extent practicable, for the par10 ticipation of appropriate family members of members re11 tained on active duty under subsection (a) in the coun12 seling and services provided such members under this sub13 section. 

14 ‘‘(4) The counseling and services provided to mem15 bers under this subsection shall, to the extent practicable, 

16 be provided at National Guard armories and similar facili17 ties close the residences of such members. 

18 ‘‘(5) Counseling and services provided a member 

19 under this subsection shall, to the extent practicable, be 

20 provided in coordination with the Yellow Ribbon Re21 integration Program of the State concerned under section 

22 582 of the National Defense Authorization Act for Fiscal 

23 Year 2008 (10 U.S.C. 10101 note).’’. 


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

2 at the beginning of chapter 1209 of such title is amended 

3 by adding at the end the following new item: 

‘‘12323. Reserves: retention on active duty after demobilization following extended deployments in contingency operations or homeland defense missions.’’. 

Æ 


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