I 

108TH CONGRESS 

2D SESSION H. R. 4753 

To improve certain compensation, health care, and education benefits for 

individuals who serve on active duty in a reserve component of the 

uniformed services, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 25, 2004 

Mr. SMITH of Washington introduced the following bill; which was referred to 

the Committee on Armed Services, and in addition to the Committees on 

Government Reform and Ways and Means, 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 improve certain compensation, health care, and education 

benefits for individuals who serve on active duty in a 

reserve component of the uniformed services, 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; TABLE OF CONTENTS. 

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

5 ‘‘Enhancing America’s Guard and Reserve Act’’. 

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

7 this Act is as follows: 
2 

•HR 4753 IH 

Sec. 1. Short title; table of contents. 

TITLE I—COMPENSATION MATTERS 

Sec. 101. Nonreduction in pay while Federal employee is serving on active duty 

in a reserve component of the uniformed services. 

Sec. 102. Assistance for State and local governments that continue to pay employees who serve on active duty in a reserve component of the 

uniformed services. 

Sec. 103. Active-duty reserve component employee credit added to general business credit. 

Sec. 104. Eligibility for retired pay for non-regular service. 

TITLE II—HEALTH CARE AND EDUCATION MATTERS 

Sec. 201. Permanent authority for certain TRICARE benefits for Reserves. 

Sec. 202. Increase in amount of basic educational assistance under the Montgomery GI Bill for members of reserve components; indexing 

payment amounts to higher education costs. 

Sec. 203. Prohibition on denial of benefits under the Montgomery GI Bill for 

members of reserve components in conjunction with calls to active duty. 

TITLE III—COMMUTING MATTERS 

Sec. 301. Limited use of telecommuting to satisfy inactive-duty training prescribed or authorized for members of reserve components. 

Sec. 302. Priority for space-available travel for members of reserve components. 

1 TITLE I—COMPENSATION 

2 MATTERS 

3 SEC. 101. NONREDUCTION IN PAY WHILE FEDERAL EM4 PLOYEE IS SERVING ON ACTIVE DUTY IN A 

5 RESERVE COMPONENT OF THE UNIFORMED 

6 SERVICES. 

7 (a) IN GENERAL.—Subchapter IV of chapter 55 of 

8 title 5, United States Code, is amended by adding at the 

9 end the following new section: 

10 ‘‘§ 5538. Nonreduction in pay while serving on active 

11 duty in a reserve component 

12 ‘‘(a) An employee who is also a member of a reserve 

13 component and is absent from a position of employment 
3 

•HR 4753 IH 

1 with the Federal Government under a call or order to 

2 serve on active duty for a period of more than 30 days 

3 shall be entitled to receive, for each pay period described 

4 in subsection (b), an amount equal to the difference (if 

5 any) between— 

6 ‘‘(1) the amount of civilian basic pay that would 

7 otherwise have been payable to the employee for 

8 such pay period if the employee’s civilian employ9 ment with the Government had not been interrupted 

10 by the service on active duty; and 

11 ‘‘(2) the amount of military compensation that 

12 is payable to the employee for the service on active 

13 duty and is allocable to such pay period. 

14 ‘‘(b)(1) Amounts under this section shall be payable 

15 with respect to each pay period (which would otherwise 

16 apply if the employee’s civilian employment had not been 

17 interrupted) that occurs— 

18 ‘‘(A) while the employee serves on active duty 

19 for a period of more than 30 days; 

20 ‘‘(B) while the employee is hospitalized for, or 

21 convalescing from, an illness or injury incurred in, 

22 or aggravated during, the performance of such active 

23 duty; or 
4 

•HR 4753 IH 

1 ‘‘(C) during the 14-day period beginning at the 

2 end of such active duty or the end of the period re3 ferred to in subparagraph (B). 

4 ‘‘(2) Paragraph (1) shall not apply with respect to 

5 a pay period for which the employee receives civilian basic 

6 pay (including by taking any annual, military, or other 

7 paid leave) to which the employee is entitled by virtue of 

8 the employee’s civilian employment with the Government. 

9 ‘‘(c) Any amount payable under this section to an em10 ployee shall be paid— 

11 ‘‘(1) by employing agency of the employee; 

12 ‘‘(2) from the appropriations or fund that 

13 would be used to pay the employee if the employee 

14 were in a pay status; and 

15 ‘‘(3) to the extent practicable, at the same time 

16 and in the same manner as would civilian basic pay 

17 if the employee’s civilian employment had not been 

18 interrupted. 

19 ‘‘(d) In consultation with Secretary of Defense, the 

20 Office of Personnel Management shall prescribe such reg21 ulations as may be necessary to carry out this section. 

22 ‘‘(e)(1) In consultation with the Office, the head of 

23 each agency referred to in section 2302(a)(2)(C)(ii) of this 

24 title shall prescribe procedures to ensure that the rights 

25 under this section apply to the employees of such agency. 
5 

•HR 4753 IH 

1 ‘‘(2) The Administrator of the Federal Aviation Ad2 ministration shall, in consultation with the Office, pre3 scribe procedures to ensure that the rights under this sec4 tion apply to the employees of that agency. 

5 ‘‘(f) In this section: 

6 ‘‘(1) The terms ‘active duty for a period of 

7 more than 30 days’, ‘member’, and ‘reserve compo8 nent’ have the meanings given such terms in section 

9 101 of title 37. 

10 ‘‘(2) The term ‘civilian basic pay’ includes any 

11 amount payable under section 5304 of this title. 

12 ‘‘(3) The term ‘employing agency’, as used with 

13 respect to an employee entitled to any payments 

14 under this section, means the agency or other entity 

15 of the Government (including an agency referred to 

16 in section 2302(a)(2)(C)(ii) of this title) with respect 

17 to which the employee has reemployment rights 

18 under chapter 43 of title 38. 

19 ‘‘(4) The term ‘military compensation’ has the 

20 meaning given the term ‘pay’ in section 101(21) of 

21 title 37.’’. 

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

23 at the beginning of chapter 55 of title 5, United States 

24 Code, is amended by inserting after the item relating to 

25 section 5537 the following new item: 
6 

•HR 4753 IH 

‘‘5538. Nonreduction in pay while serving on active duty in a reserve component.’’. 

1 (c) APPLICATION OF AMENDMENT.—Section 5538 of 

2 title 5, United States Code, as added by subsection (a), 

3 shall apply with respect to pay periods (as described in 

4 subsection (b) of such section) beginning on or after the 

5 date of the enactment of this Act. 

6 SEC. 102. ASSISTANCE FOR STATE AND LOCAL GOVERN7 MENTS THAT CONTINUE TO PAY EMPLOYEES 

8 WHO SERVE ON ACTIVE DUTY IN A RESERVE 

9 COMPONENT OF THE UNIFORMED SERVICES. 

10 (a) IN GENERAL.—Chapter 17 of title 37, United 

11 States Code, is amended by adding at the end the fol12 lowing new section: 

13 ‘‘§ 910. Assistance for State and local governments 

14 that continue to pay employees who 

15 serve on active duty 

16 ‘‘(a) CONTINUATION OF CIVILIAN BASIC PAY.—It is 

17 the purpose of this section to encourage States and local 

18 governments to continue to pay a portion of the civilian 

19 compensation of those employees who are also members 

20 of a reserve component and are absent from a position 

21 of employment with the State or local government under 

22 a call or order to serve on active duty for a period of more 

23 than 30 days so that the employees receive compensation 
7 

•HR 4753 IH 

1 in an amount that, when taken together with their military 

2 pay, is at least equal to their civilian compensation. 

3 ‘‘(b) REIMBURSEMENT OFFERED.—(1) At the re4 quest of a State or local government that continues to pay 

5 all or a portion of the civilian compensation of an employee 

6 described in subsection (a), the Secretary concerned shall 

7 reimburse the State or local government for 50 percent 

8 of the civilian compensation paid by the State or local gov9 ernment for each pay period described in subsection (c), 

10 but not to exceed 50 percent of the difference (if any) be11 tween— 

12 ‘‘(A) the amount of civilian compensation that 

13 would otherwise have been payable to the employee 

14 for such pay period if the employee’s civilian employ15 ment with the State or local government had not 

16 been interrupted by the service on active duty; and 

17 ‘‘(B) the amount of military pay that is payable 

18 to the employee for the service on active duty and 

19 is allocable to such pay period. 

20 ‘‘(2) If the pay periods described in subsection (c) 

21 extend more than nine consecutive months after the first 

22 day of the first month during which the employee began 

23 to serve on active duty for a period of more than 30 days, 

24 the reimbursement rate shall become 100 percent for the 

25 subsequent payments. However, as is the case under para-
8 

•HR 4753 IH 

1 graph (1), reimbursement shall be provided only for the 

2 difference (if any) between— 

3 ‘‘(A) the amount of civilian compensation that 

4 would otherwise have been payable to the employee 

5 for such pay period if the employee’s civilian employ6 ment with the State or local government had not 

7 been interrupted by the service on active duty; and 

8 ‘‘(B) the amount of military pay that is payable 

9 to the employee for the service on active duty and 

10 is allocable to such pay period. 

11 ‘‘(c) PAY PERIODS.—Reimbursement shall be pro12 vided under this section with respect to each pay period 

13 (which would otherwise apply if the employee’s civilian em14 ployment had not been interrupted) that occurs— 

15 ‘‘(1) while the employee serves on active duty 

16 for a period of more than 30 days; 

17 ‘‘(2) while the employee is hospitalized for, or 

18 convalescing from, an illness or injury incurred in, 

19 or aggravated during, the performance of such active 

20 duty; or 

21 ‘‘(3) during the 14-day period beginning at the 

22 end of such active duty or the end of the period re23 ferred to in subparagraph (B). 

24 ‘‘(d) EFFECT OF FAILURE TO RETURN TO EMPLOY25 MENT.—(1) If an employee described in subsection (a), 
9 

•HR 4753 IH 

1 with respect to whom reimbursement is provided to a 

2 State or local government under this section, fails to re3 port or apply for employment or reemployment with the 

4 State or local government by the end of the period referred 

5 to in subsection (c)(3), the employee shall refund to the 

6 Secretary concerned the total amount of the reimburse7 ment provided with respect to the employee. 

8 ‘‘(2) Subject to paragraph (3), an obligation to re9 fund moneys to the United States imposed under para10 graph (1) is for all purposes a debt owed to the United 

11 States. 

12 ‘‘(3) The Secretary concerned may waive, in whole 

13 or in part, a refund required under paragraph (1) if the 

14 Secretary concerned determines that recovery would be 

15 against equity and good conscience or would be contrary 

16 to the best interests of the United States. 

17 ‘‘(4) A discharge in bankruptcy under title 11 that 

18 is entered less than five years after the end of the period 

19 referred to in subsection (c)(3) does not discharge the em20 ployee from a debt arising under paragraph (1). This 

21 paragraph applies to any case commenced under title 11 

22 after the date of the enactment of this section. 

23 ‘‘(e) REGULATIONS.—The Secretaries concerned shall 

24 prescribe regulations to carry out this section. 

25 ‘‘(f) DEFINITIONS.—In this section: 
10 

•HR 4753 IH 

1 ‘‘(1) The term ‘civilian compensation’ means 

2 the wages or salary that an employee of a State or 

3 local government normally receives from the employ4 ee’s employment by the State or local government. 

5 ‘‘(2) The term ‘local government’ means an 

6 agency or political subdivision of a State. 

7 ‘‘(3) The term ‘military pay’ has the meaning 

8 given the term ‘pay’ in section 101(21) of this title. 

9 ‘‘(4) The term ‘State’ means each of the several 

10 States of the United States, the District of Colum11 bia, the Commonwealth of Puerto Rico, Guam, the 

12 Virgin Islands, and other territories or possessions 

13 of the United States.’’. 

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

15 at the beginning of chapter 17 of title 37, United States 

16 Code, is amended by inserting after the item relating to 

17 section 909 the following new item: 

‘‘910. Assistance for State and local governments that continue to pay employees who serve on active duty.’’. 

18 (c) APPLICATION OF AMENDMENT.—Section 910 of 

19 title 37, United States Code, as added by subsection (a), 

20 shall apply with respect to pay periods (as described in 

21 subsection (b) of such section) beginning on or after the 

22 date of the enactment of this Act. 
11 

•HR 4753 IH 

1 SEC. 103. ACTIVE-DUTY RESERVE COMPONENT EMPLOYEE 

2 CREDIT ADDED TO GENERAL BUSINESS 

3 CREDIT. 

4 (a) ADDITION OF CREDIT.—Subpart D of part IV of 

5 subchapter A of chapter 1 of the Internal Revenue Code 

6 of 1986 (relating to business-related credits) is amended 

7 by adding at the end the following new section: 

8 ‘‘SEC. 45G. ACTIVE-DUTY RESERVE COMPONENT EMPLOYEE 

9 CREDIT. 

10 ‘‘(a) GENERAL RULE.—For purposes of section 38, 

11 in the case of an employer, the active-duty reserve compo12 nent employee credit determined under this section for the 

13 taxable year is an amount equal to 50 percent of the com14 pensation paid by the employer to an employee who is also 

15 a member of a reserve component during the taxable year 

16 when the employee was absent from employment for a rea17 son described in subsection (b), but not to exceed 50 per18 cent of the difference (if any) between— 

19 ‘‘(1) the amount of compensation that would 

20 otherwise have been payable to the employee during 

21 such absence if the employee’s employment with the 

22 employer had not been interrupted by the employee’s 

23 absence; and 

24 ‘‘(2) the amount of military pay that is payable 

25 to the employee during the absence. 
12 

•HR 4753 IH 

1 ‘‘(b) COVERED PAY PERIODS.—Subsection (a) shall 

2 apply with respect to an employee who is also a member 

3 of a reserve component— 

4 ‘‘(1) while the employee serves on active duty 

5 for a period of more than 30 days; 

6 ‘‘(2) while the employee is hospitalized for, or 

7 convalescing from, an illness or injury incurred in, 

8 or aggravated during, the performance of such active 

9 duty; or 

10 ‘‘(3) during the 14-day period beginning at the 

11 end of such active duty or the end of the period re12 ferred to in subparagraph (B). 

13 ‘‘(c) LIMITATION.—No credit shall be allowed under 

14 subsection (a) with respect to an employee on any day on 

15 which the employee was not scheduled to work (for a rea16 son other than such service on active duty) and ordinarily 

17 would not have worked. 

18 ‘‘(d) DEFINITIONS.—For purposes of this section— 

19 ‘‘(1) The terms ‘active duty for a period of 

20 more than 30 days’, ‘member’, and ‘reserve compo21 nent’ have the meanings given such terms in section 

22 101 of title 37, United States Code. 

23 ‘‘(2) The term ‘compensation’ means any remu24 neration for employment, whether in cash or in kind, 

25 which is paid or incurred by a taxpayer and which 
13 

•HR 4753 IH 

1 is deductible from the taxpayer’s gross income under 

2 section 162(a)(1).’’. 

3 (b) CREDIT TO BE PART OF GENERAL BUSINESS

4 CREDIT.—Subsection (b) of section 38 of such Code (re5 lating to general business credit) is amended by striking 

6 ‘‘plus’’ at the end of paragraph (14), by striking the period 

7 at the end of paragraph (15) and inserting ‘‘, plus’’, and 

8 by adding at the end the following new paragraph: 

9 ‘‘(16) the active-duty reserve component em10 ployee credit determined under section 45G(a).’’. 

11 (c) CONFORMING AMENDMENT.—The table of sec12 tions for subpart D of part IV of subchapter A of chapter 

13 1 of the Internal Revenue Code of 1986 is amended by 

14 inserting after the item relating to section 45F the fol15 lowing new item: 

‘‘45G. Active-duty reserve component employee credit.’’. 

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

17 this section shall apply to taxable years beginning after 

18 December 31, 2001. 

19 SEC. 104. ELIGIBILITY FOR RETIRED PAY FOR NON-REG20 ULAR SERVICE. 

21 (a) AGE AND SERVICE REQUIREMENTS.—Subsection 

22 (a) of section 12731 of title 10, United States Code, is 

23 amended to read as follows: 
14 

•HR 4753 IH 

1 ‘‘(a)(1) Except as provided in subsection (c), a person 

2 is entitled, upon application, to retired pay computed 

3 under section 12739 of this title, if the person— 

4 ‘‘(A) satisfies one of the combinations of re5 quirements for minimum age and minimum number 

6 of years of service (computed under section 12732 of 

7 this title) that are specified in the table in para8 graph (2); 

9 ‘‘(B) performed the last six years of qualifying 

10 service while a member of any category named in 

11 section 12732(a)(1) of this title, but not while a 

12 member of a regular component, the Fleet Reserve, 

13 or the Fleet Marine Corps Reserve, except that in 

14 the case of a person who completed 20 years of serv15 ice computed under section 12732 of this title before 

16 October 5, 1994, the number of years of qualifying 

17 service under this subparagraph shall be eight; and 

18 ‘‘(C) is not entitled, under any other provision 

19 of law, to retired pay from an armed force or re20 tainer pay as a member of the Fleet Reserve or the 

21 Fleet Marine Corps Reserve. 

22 ‘‘(2) The combinations of minimum age and min23 imum years of service required of a person under subpara24 graph (A) of paragraph (1) for entitlement to retired pay 

25 as provided in such paragraph are as follows: 
15 

•HR 4753 IH 

‘‘If the person’s age, in years, The minimum years of 

is at least: service required is 

49 ....................................................................................................... 31

50 ....................................................................................................... 30

51 ....................................................................................................... 29

52 ....................................................................................................... 28

53 ....................................................................................................... 27

54 ....................................................................................................... 26

55 ....................................................................................................... 25

56 ....................................................................................................... 24

57 ....................................................................................................... 23

58 ....................................................................................................... 22

59 ....................................................................................................... 21

60 ....................................................................................................... 20’’. 

1 (b) 20-YEAR LETTER.—Subsection (d) of such sec2 tion is amended by striking ‘‘the years of service required 

3 for eligibility for retired pay under this chapter’’ in the 

4 first sentence and inserting ‘‘20 years of service computed 

5 under section 12732 of this title’’. 

6 (c) EFFECTIVE DATE.—The amendments made by 

7 subsection (a) shall take effect on the first day of the first 

8 month beginning on or after the date of the enactment 

9 of this Act and shall apply with respect to retired pay pay10 able for that month and subsequent months. 

11 TITLE II—HEALTH CARE AND 

12 EDUCATION MATTERS 

13 SEC. 201. PERMANENT AUTHORITY FOR CERTAIN TRICARE 

14 BENEFITS FOR RESERVES. 

15 (a) PERMANENT AUTHORITY FOR COVERAGE OF

16 READY RESERVE MEMBERS UNDER TRICARE PRO17 GRAM.—Section 1076b of title 10, United States Code, is 

18 amended by striking subsection (l). 
16 

•HR 4753 IH 

1 (b) PERMANENT AUTHORITY FOR EARLIER ELIGI2 BILITY DATE FOR TRICARE BENEFITS FOR MEMBERS

3 OF RESERVE COMPONENTS.—Section 1074(d) of title 10, 

4 United States Code, is amended by striking paragraph (3). 

5 (c) PERMANENT EXTENSION OF TRANSITIONAL

6 HEALTH CARE BENEFITS.— 

7 (1) Paragraph (3) of section 1145(a) of title 

8 10, United States Code, is amended to read as fol9 lows: 

10 ‘‘(3) Transitional health care for a member under 

11 subsection (a) shall be available for 180 days beginning 

12 on the date on which the member is separated from active 

13 duty.’’. 

14 (2) Paragraph (3) of section 1145(a) of title 

15 10, United States Code, shall apply with respect to 

16 separations from active duty that take effect on or 

17 after November 24, 2003. 

18 (3) Section 704 of the National Defense Au19 thorization Act for Fiscal Year 2004 (Public Law 

20 108–136; 117 Stat. 1527) and section 1117 of the 

21 Emergency Supplemental Appropriations Act for 

22 Defense and for the Reconstruction of Iraq and Af23 ghanistan, 2004 (Public Law 108–106; 117 Stat. 

24 1218) are repealed. 
17 

•HR 4753 IH 

1 SEC. 202. INCREASE IN AMOUNT OF BASIC EDUCATIONAL 

2 ASSISTANCE UNDER THE MONTGOMERY GI 

3 BILL FOR MEMBERS OF RESERVE COMPO4 NENTS; INDEXING PAYMENT AMOUNTS TO 

5 HIGHER EDUCATION COSTS. 

6 (a) IN GENERAL.—(1) Paragraph (1) of Section 

7 16131(b) of title 10, United States Code, is amended— 

8 (A) in subparagraph (A), by striking ‘‘$251’’ 

9 and inserting ‘‘$600’’; 

10 (B) in subparagraph (B), by striking ‘‘$188’’ 

11 and inserting ‘‘$450’’; and 

12 (C) in subparagraph (C), by striking ‘‘$125’’ 

13 and inserting ‘‘$300’’. 

14 (2) The amendments made by paragraph (1) shall 

15 take effect on October 1, 2005, and shall apply with re16 spect to educational assistance allowances under section 

17 16131(b)(1) of such title paid for months after September 

18 2005. 

19 (3) In the case of an educational assistance allowance 

20 under such section paid for months occurring during fiscal 

21 year 2005— 

22 (A) subparagraph (A) of such section shall be 

23 applied by substituting ‘‘$475’’ for ‘‘$251’’; 

24 (B) subparagraph (B) of such section shall be 

25 applied by substituting ‘‘$325’’ for ‘‘$188’’; and 
18 

•HR 4753 IH 

1 (C) subparagraph (C) of such section shall be 

2 applied by substituting ‘‘$215’’ for ‘‘$125’’. 

3 (b) NO ADJUSTMENT FOR FISCAL YEARS 2005 AND

4 2006.—Section 16131(b)(2) of such title shall not apply 

5 to rates of basic educational assistance paid under such 

6 section during fiscal years 2005 and 2006. 

7 (c) APPLICATION OF INDEX BASED ON HIGHER

8 EDUCATION COSTS.—(1) Section 16131(b)(2) of title 10, 

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

10 ‘‘(2)(A) With respect to any fiscal year beginning on 

11 or after October 1, 2006, the Secretary shall provide a 

12 percentage increase (rounded to the nearest dollar) in the 

13 rates payable under paragraph (1) equal to the percentage 

14 (as determined by the Secretary) by which— 

15 ‘‘(i) the average monthly costs of tuition and 

16 expenses for commuter students at public institu17 tions of higher learning that award baccalaureate 

18 degrees for purposes of paragraph (1) for the fiscal 

19 year involved, exceeds 

20 ‘‘(ii) such average monthly costs for the pre21 ceding fiscal year. 

22 ‘‘(B) The Secretary shall make the determination 

23 under subparagraph (A) after consultation with the Sec24 retary of Education. 
19 

•HR 4753 IH 

1 ‘‘(C) A determination made under subparagraph (A) 

2 in a year shall take effect on October 1 of that year and 

3 apply with respect to basic educational assistance allow4 ances payable under this section for the fiscal year begin5 ning in that year. 

6 ‘‘(D) Not later than September 30 each year, the Sec7 retary shall publish in the Federal Register the average 

8 monthly costs of tuition and expenses as determined under 

9 subparagraph (A) in that year.’’. 

10 (2)(A) Section 3015(h) of title 38, United States 

11 Code, is amended by striking ‘‘by which—’’ and all that 

12 follows and inserting ‘‘determined by the Secretary under 

13 section 16131(b)(2) of title 10 for the fiscal year in14 volved.’’. 

15 (B) The amendment made by subparagraph (A) shall 

16 apply to fiscal years beginning on or after October 1, 

17 2006. 

18 SEC. 203. PROHIBITION ON DENIAL OF BENEFITS UNDER 

19 THE MONTGOMERY GI BILL FOR MEMBERS 

20 OF RESERVE COMPONENTS IN CONJUNCTION 

21 WITH CALLS TO ACTIVE DUTY. 

22 (a) IN GENERAL.—Section 16134 of title 10, United 

23 States Code, is amended— 

24 (1) by striking ‘‘Educational’’ and inserting 

25 ‘‘(a) GENERAL RULE.—Educational’’; and 
20 

•HR 4753 IH 

1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(b) PROHIBITION ON TERMINATION OF ASSISTANCE

4 DUE SOLELY TO CALL TO ACTIVE DUTY.—Service on ac5 tive duty pursuant to an order to active duty issued under 

6 section 12301(a), 12301(d), 12301(g), 12302, or 12304 

7 of this title alone does not constitute failure to participate 

8 satisfactorily in required training as a member of the Se9 lected Reserve under subsection (a)(2).’’. 

10 (b) EFFECTIVE DATE.—The amendment made by 

11 subsection (a) shall apply before, on, or after the date of 

12 the enactment of this Act. 

13 TITLE III—COMMUTING 

14 MATTERS 

15 SEC. 301. LIMITED USE OF TELECOMMUTING TO SATISFY 

16 INACTIVE-DUTY TRAINING PRESCRIBED OR 

17 AUTHORIZED FOR MEMBERS OF RESERVE 

18 COMPONENTS. 

19 Section 206 of title 37, United States Code, is 

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

22 ‘‘(f) The Secretary concerned may authorize a mem23 ber of the National Guard or of a reserve component of 

24 the uniformed services to use telecommuting to satisfy a 

25 regular period of instruction or period of appropriate duty 
21 

•HR 4753 IH 

1 prescribed or authorized for the member or to perform 

2 such other equivalent training, instruction, duty, or appro3 priate duties as the Secretary may prescribe or authorize. 

4 Telecommuting may not account for more than 16 hours 

5 of inactive-duty training by a member in any calendar6 year quarter.’’. 

7 SEC. 302. PRIORITY FOR SPACE-AVAILABLE TRAVEL FOR 

8 MEMBERS OF RESERVE COMPONENTS. 

9 (a) PRIORITY ON SAME BASIS AS ACTIVE-DUTY

10 MEMBERS.—(1) Chapter 1805 of title 10, United States 

11 Code, is amended by adding at the end the following new 

12 section: 

13 ‘‘§ 18507. Reserve component members: priority for 

14 space-available travel 

15 ‘‘The Secretary of Defense shall provide that mem16 bers of the Selected Reserve are accorded eligibility for 

17 travel on Department of Defense aircraft on a space-avail18 able basis in the same category (or with the same priority) 

19 as is accorded to members of the armed forces serving on 

20 active duty.’’. 

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

22 chapter is amended by adding at the end the following 

23 new item: 

‘‘18507. Reserve component members: priority for space-available travel.’’. 

24 (b) EFFECTIVE DATE.—Section 18507 of title 10, 

25 United States Code, as added by subsection (a), shall take 
22 

•HR 4753 IH 

1 effect at the end of the 180-day period beginning on the 

2 date of the enactment of this Act. 

Æ