I 

109TH CONGRESS 

1ST SESSION H. R. 1565 

To enhance the benefits and protections for members of the reserve components of the Armed Forces who are called or ordered to extended active 

duty, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 12, 2005 

Ms. HOOLEY (for herself, Mr. MCGOVERN, Mr. BISHOP of New York, Mr. 

PALLONE, Mr. DEFAZIO, Mr. OWENS, Mr. OLVER, Mr. TOWNS, Mr. 

KIND, Mr. SCOTT of Georgia, Mr. GRIJALVA, Mrs. DAVIS of California, 

Mr. BLUMENAUER, Mr. CARDOZA, Mr. KILDEE, Ms. KILPATRICK of 

Michigan, Mr. ROSS, Mr. PAYNE, Mr. HOLDEN, Mr. SMITH of Washington, Mr. STUPAK, Mr. LANTOS, Mr. RUPPERSBERGER, Mr. BROWN of 

Ohio, Mr. PASTOR, Mr. LARSEN of Washington, Mrs. CAPPS, Mr. OBERSTAR, Mr. JACKSON of Illinois, Mr. CHANDLER, Mrs. JONES of Ohio, and 

Mr. CASE) introduced the following bill; which was referred to the Committee on Armed Services, and in addition to the Committees on Energy 

and Commerce, Education and the Workforce, Ways and Means, and Veterans’ Affairs, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To enhance the benefits and protections for members of 

the reserve components of the Armed Forces who are 

called or ordered to extended active duty, 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, 
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1 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

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

3 ‘‘National Guard and Reserve Bill of Rights Act of 2005’’. 

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

5 this Act is as follows: 

Sec. 1. Short title and table of contents. 

Sec. 2. Periods of deployments of Reserves overseas. 

Sec. 3. Correction of military pay issues affecting reserve component personnel. 

Sec. 4. TRICARE for reserve component personnel. 

Sec. 5. Child care for children of members of Armed Forces on active duty for 

Operation Enduring Freedom or Operation Iraqi Freedom. 

Sec. 6. USERRA implementing regulations. 

Sec. 7. Expansion of eligibility requirements to permit the aggregation of periods of active duty service over a period of 5 years to qualify 

for educational assistance for reserve component members supporting contingency operations and certain other operations. 

Sec. 8. Reduction from 60 to 55 of age for receipt of military retired pay for 

nonregular service. 

Sec. 9. Deputy Under Secretary of Defense for Personnel and Readiness (Reserve Affairs). 

Sec. 10. Support for State National Guard reintegration offices. 

6 SEC. 2. PERIODS OF DEPLOYMENTS OF RESERVES OVER7 SEAS. 

8 (a) UNITED STATES CENTRAL COMMAND DEPLOY9 MENTS.— 

10 (1) LIMITATION.—During a period when there 

11 is in effect a policy of assigning units or members 

12 of one or more of the active components of the 

13 Armed Forces to duty in the area of responsibility 

14 of the United States Central Command for a speci15 fied period of time of not less than one year, the 

16 Secretary of Defense shall provide that the length of 

17 such an assignment in the case of members of the 

18 reserve components of the Armed Forces may not 
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1 exceed the length of such period for the cor2 responding active component reduced by the period 

3 of time between the date of entry of the reserve com4 ponent members onto active duty and the date of the 

5 deployment of such members for such assignment. 

6 (2) TRANSITION.—Paragraph (1) applies to 

7 members of reserve components assigned to duty in 

8 the area of responsibility of the United States Cen9 tral Command on or after the date of the enactment 

10 of this Act and to such members assigned to such 

11 duty before such date who as of the date of the en12 actment of this Act have more than 90 days remain13 ing in such assignment. 

14 (b) COMMUNICATION OF LENGTHS OF DEPLOYMENT

15 PERIODS TO RESERVES IN OPERATION IRAQI FREE16 DOM.— 

17 (1) REQUIREMENT FOR REPORT.—Not later 

18 than December 31, 2005, the Secretary of Defense 

19 shall submit to the Committees on Armed Services 

20 of the Senate and the House of Representatives a 

21 report on Department of Defense policies governing 

22 the length of deployment periods applicable to mem23 bers of reserve components of the Armed Forces in 

24 connection with Operation Iraqi Freedom, and on 

25 the communication between the Department of De-
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1 fense and reserve component personnel and their 

2 families regarding the length of the deployment peri3 ods. 

4 (2) CONSULTATION REQUIREMENT.—In pre5 paring the report under this section the Secretary 

6 shall consult with the Chairman and other members 

7 of the Joint Chiefs of Staff and with such other offi8 cials as the Secretary considers appropriate. 

9 (3) CONTENT.—The report under this para10 graph shall contain a discussion of the matters de11 scribed in paragraph (1), including the following 

12 matters: 

13 (A) The process by which the Department 

14 of Defense determined its policy regarding the 

15 length of deployment periods. 

16 (B) The reason that no such policy was in 

17 place before Operation Iraqi Freedom began. 

18 (C) A comparison of the policy during Op19 eration Iraqi Freedom with Department of De20 fense deployment policies that applied to pre21 vious contingency operations. 

22 (D) The timeliness of the process for noti23 fying reserve component units for activation. 
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1 (E) The process for communicating with 

2 activated reserve component members and their 

3 families about demobilization schedules. 

4 (F) The family support programs provided 

5 by the National Guard and other reserve com6 ponents for families of activated Reserves. 

7 (G) An assessment of lessons learned 

8 about how the increased operations tempo of 

9 the National Guard and other reserve compo10 nents can be expected to affect readiness, re11 cruitment and retention, civilian employers of 

12 Reserves, and equipment and supply resources 

13 of the National Guard and the other reserve 

14 components. 

15 (4) MATTERS FOR PARTICULAR EMPHASIS.—In 

16 the discussion of the matters included in the report 

17 under this subsection, the Secretary of Defense shall 

18 place particular emphasis on— 

19 (A) lessons learned, including deficiencies 

20 identified; and 

21 (B) near-term and long-term corrective ac22 tions to address the identified deficiencies. 

23 (5) FORM OF REPORT.—The report shall be 

24 submitted in unclassified form, but may include a 

25 classified annex. 
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1 SEC. 3. CORRECTION OF MILITARY PAY ISSUES AFFECTING 

2 RESERVE COMPONENT PERSONNEL. 

3 (a) SENIOR-LEVEL ACTION ON REPORT REC4 OMMENDATIONS.—The Secretary of the Army shall des5 ignate a senior level official of the Department of the 

6 Army to implement the recommendations for executive ac7 tion set forth in the reports of the Comptroller General 

8 entitled ‘‘Military Pay, Army National Guard Personnel 

9 Mobilized to Active Duty Experienced Significant Pay 

10 Problems’’, dated November 2003, and ‘‘Military Pay, 

11 Army Reserve Soldiers Mobilized to Active Duty Experi12 enced Significant Pay Problems’’, dated August 2004, 

13 which have not been implemented by the date of the enact14 ment of this Act. 

15 (b) SUPERVISION.—The official designated under 

16 subsection (a) shall report directly to, and be subject to 

17 the direction of, the Under Secretary of Defense (Comp18 troller) regarding performance of the duties that the offi19 cial is designated to carry out under such subsection. 

20 (c) TERMINATION.—The designation under sub21 section (a) shall terminate on the date on which the Under 

22 Secretary of Defense (Comptroller) certifies to Congress 

23 that all of the recommendations for executive action con24 tained in the reports referred to in such subsection have 

25 been implemented. 
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1 SEC. 4. TRICARE FOR RESERVE COMPONENT PERSONNEL. 

2 (a) EXPANDED ELIGIBILITY OF READY RESERVE

3 MEMBERS UNDER TRICARE PROGRAM.— 

4 (1) UNCONDITIONAL ELIGIBILITY.—Subsection 

5 (a) of section 1076b of title 10, United States Code, 

6 is amended by striking ‘‘is eligible, subject to sub7 section (h), to enroll in TRICARE’’ and all that fol8 lows through ‘‘an employer-sponsored health benefits 

9 plan’’ and inserting ‘‘, except for a member who is 

10 enrolled or is eligible to enroll in a health benefits 

11 plan under chapter 89 of title 5, is eligible to enroll 

12 in TRICARE, subject to subsection (h)’’. 

13 (2) PERMANENT AUTHORITY.—Subsection (l) of 

14 such section is repealed. 

15 (3) CONFORMING REPEAL OF OBSOLETE PROVI16 SIONS.—Such section is further amended— 

17 (A) by striking subsections (i) and (j); and 

18 (B) by redesignating subsection (k) as sub19 section (i). 

20 (b) CONTINUATION OF NON-TRICARE HEALTH

21 BENEFITS PLAN COVERAGE FOR CERTAIN RESERVES

22 CALLED OR ORDERED TO ACTIVE DUTY AND THEIR DE23 PENDENTS.— 

24 (1) REQUIRED CONTINUATION.— 

25 (A) REQUIREMENT.—Chapter 55 of title 

26 10, United States Code, is amended by insert-
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1 ing after section 1078a the following new sec2 tion: 

3 ‘‘§ 1078b. Continuation of non-TRICARE health bene4 fits plan coverage for dependents of cer5 tain Reserves called or ordered to active 

6 duty 

7 ‘‘(a) PAYMENT OF PREMIUMS.—The Secretary con8 cerned shall pay the applicable premium to continue in 

9 force any qualified health benefits plan coverage for the 

10 members of the family of an eligible reserve component 

11 member for the benefits coverage continuation period if 

12 timely elected by the member in accordance with regula13 tions prescribed under subsection (j). 

14 ‘‘(b) ELIGIBLE MEMBER; FAMILY MEMBERS.—(1) A 

15 member of a reserve component is eligible for payment of 

16 the applicable premium for continuation of qualified 

17 health benefits plan coverage under subsection (a) while 

18 serving on active duty pursuant to a call or order issued 

19 under a provision of law referred to in section 

20 101(a)(13)(B) of this title during a war or national emer21 gency declared by the President or Congress. 

22 ‘‘(2) For the purposes of this section, the members 

23 of the family of an eligible reserve component member in24 clude only the member’s dependents described in subpara25 graphs (A), (D), and (I) of section 1072(2) of this title. 
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1 ‘‘(c) QUALIFIED HEALTH BENEFITS PLAN COV2 ERAGE.—For the purposes of this section, health benefits 

3 plan coverage for the members of the family of a reserve 

4 component member called or ordered to active duty is 

5 qualified health benefits plan coverage if— 

6 ‘‘(1) the coverage was in force on the date on 

7 which the Secretary notified the reserve component 

8 member that issuance of the call or order was pend9 ing or, if no such notification was provided, the date 

10 of the call or order; 

11 ‘‘(2) on such date, the coverage applied to the 

12 reserve component member and members of the fam13 ily of the reserve component member; and 

14 ‘‘(3) the coverage has not lapsed. 

15 ‘‘(d) APPLICABLE PREMIUM.—The applicable pre16 mium payable under this section for continuation of health 

17 benefits plan coverage for the family members of a reserve 

18 component member is the amount of the premium payable 

19 by the member for the coverage of the family members. 

20 ‘‘(e) MAXIMUM AMOUNT.—The total amount that the 

21 Department of Defense may pay for the applicable pre22 mium of a health benefits plan for the family members 

23 of a reserve component member under this section in a 

24 fiscal year may not exceed the amount determined by mul25 tiplying— 
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1 ‘‘(1) the sum of one plus the number of the 

2 family members covered by the health benefits plan, 

3 by 

4 ‘‘(2) the per capita cost of providing TRICARE 

5 coverage and benefits for dependents under this 

6 chapter for such fiscal year, as determined by the 

7 Secretary of Defense. 

8 ‘‘(f) BENEFITS COVERAGE CONTINUATION PE9 RIOD.—The benefits coverage continuation period under 

10 this section for qualified health benefits plan coverage for 

11 the family members of an eligible reserve component mem12 ber called or ordered to active duty is the period that— 

13 ‘‘(1) begins on the date of the call or order; and 

14 ‘‘(2) ends on the earlier of— 

15 ‘‘(A) the date on which the reserve compo16 nent member’s eligibility for transitional health 

17 care under section 1145(a) of this title termi18 nates under paragraph (3) of such section; or 

19 ‘‘(B) the date on which the reserve compo20 nent member elects to terminate the continued 

21 qualified health benefits plan coverage of the 

22 member’s family members. 

23 ‘‘(g) EXTENSION OF PERIOD OF COBRA COV24 ERAGE.—Notwithstanding any other provision of law— 
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1 ‘‘(1) any period of coverage under a COBRA 

2 continuation provision (as defined in section 

3 9832(d)(1) of the Internal Revenue Code of 1986) 

4 for an eligible reserve component member under this 

5 section shall be deemed to be equal to the benefits 

6 coverage continuation period for such member under 

7 this section; and 

8 ‘‘(2) with respect to the election of any period 

9 of coverage under a COBRA continuation provision 

10 (as so defined), rules similar to the rules under sec11 tion 4980B(f)(5)(C) of such Code shall apply. 

12 ‘‘(h) NONDUPLICATION OF BENEFITS.—A member of 

13 the family of a reserve component member who is eligible 

14 for benefits under qualified health benefits plan coverage 

15 paid on behalf of the reserve component member by the 

16 Secretary concerned under this section is not eligible for 

17 benefits under the TRICARE program during a period of 

18 the coverage for which so paid. 

19 ‘‘(i) REVOCABILITY OF ELECTION.—A reserve com20 ponent member who makes an election under subsection 

21 (a) may revoke the election. Upon such a revocation, the 

22 member’s family members shall become eligible for bene23 fits under the TRICARE program as provided for under 

24 this chapter. 
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1 ‘‘(j) REGULATIONS.—The Secretary of Defense shall 

2 prescribe regulations for carrying out this section. The 

3 regulations shall include such requirements for making an 

4 election of payment of applicable premiums as the Sec5 retary considers appropriate.’’. 

6 (B) CLERICAL AMENDMENT.—The table of 

7 sections at the beginning of such chapter is 

8 amended by inserting after the item relating to 

9 section 1078a the following new item: 

‘‘1078b. Continuation of non-TRICARE health benefits plan coverage for dependents of certain Reserves called or ordered to active duty.’’. 

10 (2) APPLICABILITY.—Section 1078b of title 10, 

11 United States Code (as added by paragraph (1)), 

12 shall apply with respect to calls or orders of mem13 bers of reserve components of the Armed Forces to 

14 active duty as described in subsection (b) of such 

15 section, that are issued by the Secretary of a mili16 tary department before, on, or after the date of the 

17 enactment of this Act, but only with respect to 

18 qualified health benefits plan coverage (as described 

19 in subsection (c) of such section) that is in effect on 

20 or after the date of the enactment of this Act. 
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1 SEC. 5. CHILD CARE FOR CHILDREN OF MEMBERS OF 

2 ARMED FORCES ON ACTIVE DUTY FOR OPER3 ATION ENDURING FREEDOM OR OPERATION 

4 IRAQI FREEDOM. 

5 (a) CHILD CARE FOR CHILDREN WITHOUT ACCESS

6 TO MILITARY CHILD CARE.— 

7 (1) AUTHORITY.—In any case in which the chil8 dren of a covered member of the Armed Forces are 

9 geographically dispersed and do not have practical 

10 access to a military child development center, the 

11 Secretary of Defense may, to the extent funds are 

12 available for such purpose, provide such funds as are 

13 necessary permit the member’s family to secure ac14 cess for such children to State licensed child care 

15 and development programs and activities in the pri16 vate sector that are similar in scope and quality to 

17 the child care and development programs and activi18 ties the Secretary would otherwise provide access to 

19 under subchapter II of chapter 88 of title 10, United 

20 States Code, and other applicable provisions of law. 

21 (2) PROCEDURES.—Funds may be provided 

22 under paragraph (1) in accordance with the provi23 sions of section 1798 of title 10, United States 

24 Code, or by such other mechanism as the Secretary 

25 considers appropriate. 
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1 (3) PRIORITIES.—The Secretary shall prescribe 

2 in regulations priorities for the allocation of funds 

3 for the provision of access to child care under para4 graph (1) in circumstances where funds are inad5 equate to provide all children described in that para6 graph with access to child care as described in that 

7 paragraph. 

8 (b) PRESERVATION OF SERVICES AND PROGRAMS.— 

9 The Secretary shall provide for the attendance and partici10 pation of children in military child development centers 

11 and child care and development programs and activities 

12 under subsection (a) in a manner that preserves the scope 

13 and quality of child care and development programs and 

14 activities otherwise provided by the Secretary. 

15 (c) FUNDING.—Amounts otherwise available to the 

16 Department of Defense and the military departments 

17 under this Act may be available for purposes of providing 

18 access to child care under subsection (a). 

19 (d) DEFINITIONS.—In this section: 

20 (1) COVERED MEMBER OF THE ARMED

21 FORCES.—The term ‘‘covered member of the Armed 

22 Forces’’ means a member of the Armed Forces on 

23 active duty, including a member of the Reserves who 

24 is called or ordered to active duty under a provision 

25 of law referred to in section 101(a)(13)(B) of title 
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1 10, United States Code, for Operation Enduring 

2 Freedom or Operation Iraqi Freedom. 

3 (2) MILITARY CHILD DEVELOPMENT CENTER.— 

4 The term ‘‘military child development center’’ has 

5 the meaning given such term in section 1800(1) of 

6 title 10, United States Code. 

7 SEC. 6. USERRA IMPLEMENTING REGULATIONS. 

8 (a) REQUIREMENT FOR REGULATIONS.—Subsections 

9 (a) and (b)(1) of section 4331 of title 38, United States 

10 Code, are amended by striking ‘‘may prescribe’’ and in11 serting ‘‘shall prescribe’’. 

12 (b) CLARIFICATION OF RIGHT TO MERIT PAY IN13 CREASES.—The regulations prescribed for the implemen14 tation of chapter 43 of title 38, United States Code, under 

15 section 4331 of such title shall include regulations that 

16 clarify that the entitlement of persons returning to em17 ployment under such chapter to receive pay increases 

18 under merit pay systems of employers may not be denied 

19 on the basis of lack of work performance evaluations for 

20 periods of absence for active duty in the uniformed serv21 ices. 
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1 SEC. 7. EXPANSION OF ELIGIBILITY REQUIREMENTS TO 

2 PERMIT THE AGGREGATION OF PERIODS OF 

3 ACTIVE DUTY SERVICE OVER A PERIOD OF 5 

4 YEARS TO QUALIFY FOR EDUCATIONAL AS5 SISTANCE FOR RESERVE COMPONENT MEM6 BERS SUPPORTING CONTINGENCY OPER7 ATIONS AND CERTAIN OTHER OPERATIONS. 

8 (a) ELIMINATION OF REQUIREMENT FOR CONSECU9 TIVE DAYS OF SERVICE.—Subsection (c)(4) of section 

10 16162 of title 10, United States Code, is amended— 

11 (1) in subparagraph (A), by striking ‘‘for 90 

12 consecutive days but less than one continuous year;’’ 

13 and inserting ‘‘for a cumulative period of 90 days 

14 but less than one year during any 5-year period;’’; 

15 (2) in subparagraph (B), by striking ‘‘one con16 tinuous year but less than two continuous years;’’ 

17 and inserting ‘‘for a cumulative period of one year 

18 but less than two years during any 5-year period;’’; 

19 and 

20 (3) in subparagraph (C), by striking ‘‘two con21 tinuous years or more.’’ and inserting ‘‘for a cumu22 lative period of two years or more during any 5-year 

23 period.’’. 

24 (b) CONFORMING AMENDMENT.—Section 16163 of 

25 such title is amended— 
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1 (1) in paragraphs (1) and (2) of subsection (a), 

2 by striking ‘‘consecutive’’ each place it appears; and 

3 (2) in subsection (b), by striking ‘‘consecutive’’. 

4 SEC. 8. REDUCTION FROM 60 TO 55 OF AGE FOR RECEIPT 

5 OF MILITARY RETIRED PAY FOR NONREG6 ULAR SERVICE. 

7 (a) REDUCTION IN AGE.—Section 12731(a)(1) of 

8 title 10, United States Code, is amended by striking ‘‘at 

9 least 60 years of age’’ and inserting ‘‘at least 55 years 

10 of age’’. 

11 (b) APPLICATION TO EXISTING PROVISIONS OF LAW

12 OR POLICY.—With respect to any provision of law, or of 

13 any policy, regulation, or directive of the executive branch, 

14 that refers to a member or former member of the uni15 formed services as being eligible for, or entitled to, retired 

16 pay under chapter 1223 of title 10, United States Code, 

17 but for the fact that the member or former member is 

18 under 60 years of age, such provision shall be carried out 

19 with respect to that member or former member by sub20 stituting for the reference to being 60 years of age a ref21 erence to the age in effect for qualification for such retired 

22 pay under section 12731(a) of title 10, United States 

23 Code, as amended by subsection (a). 

24 (c) EFFECTIVE DATE.—The amendment made by 

25 subsection (a) shall take effect on the first day of the first 
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1 month beginning on or after the date of the enactment 

2 of this Act and shall apply to retired pay payable for that 

3 month and subsequent months. 

4 SEC. 9. DEPUTY UNDER SECRETARY OF DEFENSE FOR PER5 SONNEL AND READINESS (RESERVE AF6 FAIRS). 

7 (a) ESTABLISHMENT OF POSITION.— 

8 (1) POSITION AND DUTIES.—Chapter 4 of title 

9 10, United States Code, is amended by inserting 

10 after section 136a the following new section: 

11 ‘‘§ 136b. Deputy Under Secretary of Defense for Per12 sonnel and Readiness (Reserve Affairs) 

13 ‘‘(a) There is a Deputy Under Secretary of Defense 

14 for Personnel and Readiness (Reserve Affairs), appointed 

15 from civilian life by the President, by and with the advice 

16 and consent of the Senate. 

17 ‘‘(b) The Deputy Under Secretary of Defense for Per18 sonnel and Readiness (Reserve Affairs) shall have as his 

19 principal duty the overall supervision of reserve component 

20 affairs of the Department of Defense.’’. 

21 (2) CLERICAL AMENDMENT.—The table of sec22 tions at the beginning of such chapter is amended 

23 by inserting after the item relating to section 136a 

24 the following new item: 

‘‘136b. Deputy Under Secretary of Defense for Personnel and Readiness (Reserve Affairs).’’. 
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1 (b) EXECUTIVE LEVEL IV.—Section 5315 of title 5, 

2 United States Code, is amended by inserting after ‘‘Dep3 uty Under Secretary of Defense for Personnel and Readi4 ness.’’ the following: 

5 ‘‘Deputy Under Secretary of Defense for Personnel and 

6 Readiness (Reserve Affairs).’’. 

7 (c) ELIMINATION OF POSITION OF ASSISTANT SEC8 RETARY OF DEFENSE FOR RESERVE AFFAIRS.— 

9 (1) REPEAL OF REQUIREMENT FOR POSI10 TION.—Subsection (b) of section 138 of title 10, 

11 United States Code, is amended by striking para12 graph (2). 

13 (2) REDUCTION IN TOTAL NUMBER OF ASSIST14 ANT SECRETARIES OF DEFENSE.— 

15 (A) AUTHORIZED NUMBER.—Subsection 

16 (a) of such section is amended by striking 

17 ‘‘nine’’ and inserting ‘‘eight’’. 

18 (B) CONFORMING AMENDMENT.—Section 

19 5315 of title 5, United States Code, is amended 

20 by striking ‘‘(9)’’ after ‘‘Assistant Secretaries of 

21 Defense’’ and inserting ‘‘(8)’’. 

22 (d) EFFECTIVE DATE.—The amendments made by 

23 subsection (c) shall take effect on the date on which a 

24 person is first appointed as Deputy Under Secretary of 

25 Defense for Personnel and Readiness (Reserve Affairs). 
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1 SEC. 10. SUPPORT FOR STATE NATIONAL GUARD RE2 INTEGRATION OFFICES. 

3 Section 107 of title 32, United States Code, is 

4 amended by adding at the end the following new sub5 section: 

6 ‘‘(d) Under such regulations as the Secretary of De7 fense may prescribe, appropriations for the National 

8 Guard are available for support by the Department of De9 fense of the establishment and operation by the National 

10 Guard of offices to assist members of the National Guard 

11 being released from active duty or full-time National 

12 Guard duty of a period of more than 30 days in read13 justing to civilian life.’’. 

Æ