II

106TH CONGRESS

2D SESSION S. 2514

To improve benefits for members of the reserve components of the Armed

Forces and their dependents.

IN THE SENATE OF THE UNITED STATES

MAY 4, 2000

Mr. GRAMS (for himself, Mr. SESSIONS, and Mr. ALLARD) introduced the following bill; which was read twice and referred to the Committee on

Armed Services

A BILL

To improve benefits for members of the reserve components

of the Armed Forces and their dependents.

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 ‘‘Fairness for the Mili5 tary Reserve Act of 2000’’.

6 SEC. 2. TRAVEL BY RESERVES ON MILITARY AIRCRAFT

7 OUTSIDE CONTINENTAL UNITED STATES.

8 (a) SPACE-REQUIRED TRAVEL FOR TRAVEL TO

9 DUTY STATIONS OCONUS.—(1) Subsection (a) of section

10 18505 of title 10, United States Code, is amended—
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1 (A) by inserting ‘‘annual training duty or’’ be2 fore ‘‘inactive-duty training’’ both places it appears;

3 and

4 (B) by inserting ‘‘duty or’’ before ‘‘training if’’.

5 (2) The heading of such section is amended to read

6 as follows:

7 ‘‘§ 18505. Space-required travel: Reserves traveling to

8 annual training duty or inactive-duty

9 training OCONUS’’.

10 (b) SPACE-AVAILABLE TRAVEL FOR MEMBERS OF

11 SELECTED RESERVE AND GRAY AREA RETIREES.—(1)

12 Chapter 1805 of such title is amended by adding at the

13 end the following new section:

14 ‘‘§ 18506. Space-available travel: Selected Reserve

15 members and reserve retirees under age

16 60; dependents

17 ‘‘(a) ELIGIBILITY FOR SPACE-AVAILABLE TRAVEL.—

18 The Secretary of Defense shall prescribe regulations to

19 provide persons described in subsection (b) with transpor20 tation on aircraft of the Department of Defense on a

21 space-available basis under the same terms and conditions

22 (including terms and conditions applicable to travel out23 side the United States) as apply to members and former

24 members of the armed forces entitled to retired pay.
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1 ‘‘(b) ELIGIBLE PERSONS.—Subsection (a) applies to

2 the following persons:

3 ‘‘(1) A person who is a member of the Selected

4 Reserve in good standing (as determined by the Sec5 retary concerned).

6 ‘‘(2) A person who is a member or former mem7 ber of a reserve component under age 60 who, but

8 for age, would be entitled to retired pay under chap9 ter 1223 of this title.

10 ‘‘(c) DEPENDENTS.—A dependent of a person de11 scribed in subsection (b) shall be provided transportation

12 under this section on the same basis as dependents of

13 members and former members of the armed forces entitled

14 to retired pay.

15 ‘‘(d) LIMITATION ON REQUIRED IDENTIFICATION.—

16 Neither the ‘Authentication of Reserve Status for Travel

17 Eligibility’ form (DD Form 1853) nor any other form,

18 other military identification and duty orders or other

19 forms of identification required of active duty personnel,

20 may be required to be presented by persons requesting

21 space-available transportation within or outside the conti22 nental United States under this section.

23 ‘‘(e) DEPENDENT DEFINED.—In this section, the

24 term ‘dependent’ has the meanings given that term in sub-
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1 paragraphs (A), (B), (C), (D), and (I) of section 1074(2)

2 of this title.’’.

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

4 chapter is amended by striking the item relating to section

5 18505 and inserting the following:

‘‘18505. Space-required travel: Reserves traveling to annual training duty or inactive-duty training OCONUS.

‘‘18506. Space-available travel: Selected Reserve members and reserve retirees

under age 60; dependents.’’.

6 (c) EFFECTIVE DATE.—The regulations required

7 under section 18506 of title 10, United States Code, as

8 added by subsection (b), shall be prescribed not later than

9 180 days after the date of the enactment of this Act.

10 SEC. 3. BILLETING SERVICES FOR RESERVE MEMBERS

11 TRAVELING FOR INACTIVE DUTY TRAINING.

12 (a) IN GENERAL.—(1) Chapter 1217 of title 10,

13 United States Code, is amended by inserting after section

14 12603 the following new section:

15 ‘‘§ 12604. Billeting in Department of Defense facili16 ties: Reserves attending inactive-duty

17 training

18 ‘‘(a) AUTHORITY FOR BILLETING ON SAME BASIS AS

19 ACTIVE DUTY MEMBERS TRAVELING UNDER ORDERS.—

20 The Secretary of Defense shall prescribe regulations au21 thorizing a Reserve traveling to inactive-duty training at

22 a location more than 50 miles from that Reserve’s resi23 dence to be eligible for billeting in Department of Defense
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1 facilities on the same basis and to the same extent as a

2 member of the armed forces on active duty who is trav3 eling under orders away from the member’s permanent

4 duty station.

5 ‘‘(b) PROOF OF REASON FOR TRAVEL.—The Sec6 retary shall include in the regulations the means for con7 firming a Reserve’s eligibility for billeting under sub8 section (a).’’.

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

10 chapter is amended by inserting after the item relating

11 to section 12603 the following new item:

‘‘12604. Billeting in Department of Defense facilities: Reserves attending inactive-duty training.

12 (b) EFFECTIVE DATE.—Section 12604 of title 10,

13 United States Code, as added by subsection (a), shall

14 apply with respect to periods of inactive-duty training be15 ginning more than 180 days after the date of the enact16 ment of this Act.

17 SEC. 4. INCREASE IN MAXIMUM NUMBER OF RESERVE RE18 TIREMENT POINTS THAT MAY BE CREDITED

19 IN ANY YEAR.

20 Section 12733(3) of title 10, United States Code, is

21 amended by striking ‘‘but not more than’’ and all that

22 follows and inserting ‘‘but not more than—
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1 ‘‘(A) 60 days in any one year of service be2 fore the year of service that includes September

3 23, 1996;

4 ‘‘(B) 75 days in the year of service that in5 cludes September 23, 1996, and in any subse6 quent year of service before the year of service

7 that includes the date of the enactment of the

8 Reserve Components Equity Act of 2000; and

9 ‘‘(C) 90 days in the year of service that in10 cludes the date of the enactment of the Reserve

11 Components Equity Act of 2000 and in any

12 subsequent year of service.’’.

13 SEC. 5. AUTHORITY FOR PROVISION OF LEGAL SERVICES

14 TO RESERVE COMPONENT MEMBERS FOL15 LOWING RELEASE FROM ACTIVE DUTY.

16 (a) LEGAL SERVICES.—Section 1044(a) of title 10,

17 United States Code, is amended—

18 (1) by redesignating paragraph (4) as para19 graph (5); and

20 (2) by inserting after paragraph (3) the fol21 lowing new paragraph (4):

22 ‘‘(4) Members of reserve components of the

23 armed forces not covered by paragraph (1) or (2)

24 following release from active duty under a call or

25 order to active duty for more than 30 days issued
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1 under a mobilization authority (as determined by the

2 Secretary of Defense), but only during the period

3 that begins on the date of the release and is equal

4 to twice the length of the period served on active

5 duty under such call or order to active duty.’’.

6 (b) DEPENDENTS.—Paragraph (5) of such section,

7 as redesignated by subsection (a)(1), is amended by strik8 ing ‘‘and (3)’’ and inserting ‘‘(3), and (4)’’.

9 (c) IMPLEMENTING REGULATIONS.—Regulations to

10 implement the amendments made by this section shall be

11 prescribed not later than 180 days after the date of the

12 enactment of this Act.

Æ