H. R. 3230—274
(d) RESERVE FORCES POLICY BOARD PARTICIPATION.—The Sec-
retary of Defense shall ensure that the Reserve Forces Policy Board
participates in the internal Department of Defense process for devel-
opment of the recommendations of the Secretary contained in the
report under subsection (a). If the Board submits to the Secretary
any comments or recommendations for inclusion in the report,
the Secretary shall transmit them to Congress, with the report,
in the same form as that in which they were submitted to the
Secretary.
(e) GAO REVIEW.—The Comptroller General of the United
States shall assess the criteria used by the Secretary of Defense
to develop recommendations for purposes of the report under this
section and shall submit to Congress, not later than 30 days after
the date on which the report of the Secretary under this section
is submitted, a report setting forth the Comptroller General’s
conclusions concerning the adequacy and completeness of the rec-
ommendations made by the Secretary in the report.
SEC. 1214. GUARD AND RESERVE TECHNICIANS.
Section 10216 of title 10, United States Code, as amended
by section 413, is amended—
(1) by redesignating subsections (a), (b), and (c) as sub-
sections (b), (c), and (d), respectively;
(2) by inserting after the section heading the following
new subsection (a):
‘‘(a) IN GENERAL.—Military technicians are Federal civilian
employees hired under title 5 and title 32 who are required to
maintain dual-status as drilling reserve component members as
a condition of their Federal civilian employment. Such employees
shall be authorized and accounted for as a separate category of
dual-status civilian employees, exempt as specified in subsection
(b)(3) from any general or regulatory requirement for adjustments
in Department of Defense civilian personnel.’’; and
(3) in paragraph (3) of subsection (b), as redesignated by
paragraph (1), by striking out ‘‘in high-priority units and
organizations specified in paragraph (1)’’.
Subtitle B—Reserve Component
Accessibility
SEC. 1231. REPORT TO CONGRESS ON MEASURES TO IMPROVE
NATIONAL GUARD AND RESERVE ABILITY TO RESPOND
TO EMERGENCIES.
(a) REPORT.—Not later than six months after the date of the
enactment of this Act, the Secretary of Defense shall submit to
Congress a report regarding reserve component responsiveness to
both domestic emergencies and national contingency operations.
The report shall set forth the measures taken, underway, and
projected to be taken to improve the timeliness, adequacy, and
effectiveness of reserve component responses to such emergencies
and operations.
(b) MATTERS RELATED TO RESPONSIVENESS TO DOMESTIC EMER-
GENCIES.—The report shall address the following:
(1) The need to expand the time period set by section
12301(b) of title 10, United States Code, which permits the
H. R. 3230—275
involuntary recall at any time to active duty of units and
individuals for up to 15 days per year.
(2) The recommendations of the 1995 report of the RAND
Corporation entitled ‘‘Assessing the State and Federal Missions
of the National Guard’’, as follows:
(A) That Federal law be clarified and amended to
authorize Presidential use of the Federal reserves of all
military services for domestic emergencies and disasters
without any time constraint.
(B) That the Secretary of Defense develop and support
establishment of an appropriate national level compact for
interstate sharing of resources, including the domestic
capabilities of the national guards of the States, during
emergencies and disasters.
(C) That Federal level contingency stocks be created
to support the National Guard in domestic disasters.
(D) That Federal funding and regulatory support be
provided for Federal-State disaster emergency response
planning exercises.
(c) MATTERS RELATED
TO PRESIDENTIAL RESERVE CALL-UP
AUTHORITY.—The report under this section shall specifically address
matters related to the authority of the President to activate for
service on active duty units and members of reserve components
under sections 12301, 12302, and 12304 of title 10, United States
Code, including—
(1) whether such authority is adequate to meet the full
range of reserve component missions for the 21st century,
particularly with regard to the time periods for which
such units and members may be on active duty under those
authorities and the ability to activate both units and individual
members; and
(2) whether the three-tiered set of statutory authorities
(under such sections 12301, 12302, and 12304) should be
consolidated, modified, or in part eliminated in order to facili-
tate current and future use of Reserve units and individual
reserve component members for a broader range of missions,
and, if so, in what manner.
(d) MATTERS RELATED TO RELEASE FROM ACTIVE DUTY.—The
report under this section shall include findings and recommenda-
tions (based upon a review of current policies and procedures)
concerning procedures for release from active duty of units and
members of reserve components who have been involuntarily called
or ordered to active duty under section 12301, 12302, or 12304
of title 10, United States Code, with specific recommendations
concerning the desirability of statutory provisions to—
(1) establish specific guidelines for when it is appropriate
(or inappropriate) to retain on active duty such reserve compo-
nent units when active component units are available to per-
form the mission being performed by the reserve component
unit;
(2) minimize the effects of frequent mobilization of the
civilian employers, as well as the effects of frequent mobilization
on recruiting and retention in the reserve components; and
(3) address other matters relating to the needs of such
members of reserve components, their employers, and (in the
case of such members who own businesses) their employees,
while such members are on active duty.
H. R. 3230—276
(e) RESERVE FORCES POLICY BOARD PARTICIPATION.—The Sec-
retary of Defense shall ensure that the Reserve Forces Policy Board
participates in the internal Department of Defense process for devel-
opment of the recommendations of the Secretary contained in the
report under subsection (a). If the Board submits to the Secretary
any comments or recommendations for inclusion in the report,
the Secretary shall transmit them to Congress, with the report,
in the same form as that in which they were submitted to the
Secretary.
(f) GAO REVIEW.—The Comptroller General of the United
States shall assess the criteria used by the Secretary of Defense
to develop recommendations for purposes of the report under this
section and shall submit to Congress, not later than 30 days after
the date on which the report of the Secretary under this section
is submitted, a report setting forth the Comptroller General’s
conclusions concerning the adequacy and completeness of the rec-
ommendations made by the Secretary in the report.
SEC. 1232. REPORT TO CONGRESS CONCERNING TAX INCENTIVES FOR
EMPLOYERS OF MEMBERS OF RESERVE COMPONENTS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report setting forth a draft of legislation to provide tax incentives
to employers of members of reserve components in order to com-
pensate employers for absences of those employees due to required
training and for absences due to performance of active duty.
SEC. 1233. REPORT TO CONGRESS CONCERNING INCOME INSURANCE
PROGRAM FOR ACTIVATED RESERVISTS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report setting forth legislative recommendations for changes to
chapter 1214 of title 10, United States Code. Such recommendations
shall in particular provide, in the case of a mobilized member
who owns a business, income replacement for that business and
for employees of that member or business who have a loss of
income during the period of such activation attributable to the
activation of the member.
SEC. 1234. REPORT TO CONGRESS CONCERNING SMALL BUSINESS
LOANS FOR MEMBERS RELEASED FROM RESERVE SERV-
ICE DURING CONTINGENCY OPERATIONS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report setting forth a draft of legislation to establish a small busi-
ness loan program to provide members of reserve components who
are ordered to active duty or active Federal service (other than
for training) during a contingency operation (as defined in section
101 of title 10, United States Code) low-cost loans to assist those
members in retaining or rebuilding businesses that were affected
by their service on active duty or in active Federal service.
H. R. 3230—277
Subtitle C—Reserve Forces Sustainment
SEC. 1251. REPORT 
CONCERNING 
TAX 
DEDUCTIBILITY 
OF 
NON-
REIMBURSABLE EXPENSES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to Congress a
report setting forth a draft of legislation to restore the tax deduct-
ibility of nonreimbursable expenses incurred by members of reserve
components in connection with military service.
SEC. 1252. AUTHORITY TO PAY TRANSIENT HOUSING CHARGES FOR
MEMBERS PERFORMING ACTIVE DUTY FOR TRAINING.
Section 404(j)(1) of title 37, United States Code, is amended
by striking out ‘‘annual training duty’’ and inserting in lieu thereof
‘‘active duty for training’’.
SEC. 1253. SENSE OF CONGRESS CONCERNING QUARTERS ALLOW-
ANCE DURING SERVICE ON ACTIVE DUTY FOR TRAINING.
It is the sense of Congress that the United States should
continue to pay members of reserve components appropriate quar-
ters allowances during periods of service on active duty for training.
SEC. 1254. SENSE OF CONGRESS CONCERNING MILITARY LEAVE
POLICY.
It is the sense of Congress that military leave policies in effect
as of the date of the enactment of this Act with respect to members
of the reserve components should not be changed.
SEC. 1255. RESERVE FORCES POLICY BOARD.
(a) COMMENDATION.—The Congress commends the Reserve
Forces Policy Board, created by the Armed Forces Reserve Act
of 1952 (Public Law 82–476), for its fine work in the past as
an independent source of advice to the Secretary of Defense on
all matters pertaining to the reserve components.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
the Reserve Forces Policy Board and the reserve forces policy
committees for the individual branches of the Armed Forces should
continue to perform the vital role of providing the civilian leadership
of the Department of Defense with independent advice on matters
pertaining to the reserve components.
(c) ANNUAL REPORT OF RESERVE FORCES POLICY BOARD.—Sec-
tion 113(c) of title 10, United States Code, is amended—
(1) by striking out paragraph (3);
(2) by redesignating paragraphs (1), (2), and (4) as subpara-
graphs (A), (B), and (C), respectively;
(3) by inserting ‘‘(1)’’ after ‘‘(c)’’;
(4) by inserting ‘‘and’’ at the end of subparagraph (B),
as redesignated by paragraph (2); and
(5) by adding at the end the following:
‘‘(2) At the same time that the Secretary submits the annual
report under paragraph (1), the Secretary shall transmit to the
President and Congress a separate report from the Reserve Forces
Policy Board on the reserve programs of the Department of Defense
and on any other matters that the Reserve Forces Policy Board
considers appropriate to include in the report.’’.