I
106TH CONGRESS
1ST SESSION
H. R. 3267
To improve benefits for members of the reserve components of the Armed
Forces and their dependents.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 9, 1999
Mr. CAMPBELL introduced the following bill; which was 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Fairness for the Mili-
tary Reserve Act of 1999’’.
SEC. 2. FINDINGS.
Congress finds the following:
(1) There are approximately 1,382,000 mem-
bers of the seven reserve components of the Armed
Forces (the Army Reserve, the Army National
Guard of the United States, the Naval Reserve, the
Marine Corps Reserve, the Air Force Reserve, the
Air National Guard of the United States, and the
Coast Guard Reserve).
(2) During fiscal year 1998, reserve component
members performed 13,000,000 person-days of mili-
tary duty, roughly double the level performed during
1994 and the equivalent of 35,000 active component
members.
(3) Reserve component members are being
called upon to serve in a greater number of overseas
peacekeeping, humanitarian, and similar missions,
and for longer periods of time, than ever before in
peacetime, as shown by the following:
(A) 8,338 reserve component personnel
served in Haiti during the period from Sep-
tember 1994 through September 1999, consti-
tuting up to 6 percent of the Armed Forces
personnel participating in Operation Support/
Uphold Democracy during that period.
(B) 32,022 reserve component personnel
served in Bosnia during the period from De-
cember 1995 through September 1999, consti-
tuting up to 33 percent of the Armed Forces
personnel participating in Operation Joint En-
deavor/Guard/Forge during that period, and in
January 2000, an Army National Guard briga-
dier general will assume command of Task
Force Eagle in Tuzla, Bosnia-Herzegovina.
(C) 9,752 reserve component personnel
served in Iraq during the period from October
1997 through September 1999, constituting up
to 5 percent of the Armed Forces personnel
participating in Operation Northern and South-
ern Watch during that period.
(D) 9,576 reserve component personnel
served in Kosovo during the period from April
1999 through September 1999, constituting up
to 22 percent of the Armed Forces personnel
participating in Operation Allied Force during
that period.
(4) Recent reports and studies have noted the
importance of the reserve components, as shown by
the following:
(A) The report of the Department of De-
fense Quadrennial Defense Review conducted in
1997 stated that ‘‘Reserve components have be-
come an ever larger percentage of the Total
Force and are essential participants in the full
spectrum of operations, from the smallest of
smaller-scale contingency operations to major
theater war . . . Reserve forces are part of all
war plans. No major operation can be success-
ful without them.’’.
(B) The National Defense Panel, in its re-
port issued in 1997, called for the ‘‘full integra-
tion’’ of the reserve components with active
duty forces and specifically called on the Army
to rely more upon its reserve components to
‘‘reduce pressure on the active Army’’.
(C) The Reserve Component Employment
20005 Study, issued on August 8, 1999, con-
cludes that ‘‘while much progress has been
made in recent years to ensure equity in the
benefit packages that are provided to AC [ac-
tive component] and RC [reserve component]
personnel, the study determined that disparities
continue to exist for RC personnel.’’.
(5) Secretary of Defense William Cohen has
made ‘‘quality of life’’ issues for all servicemembers
a major priority for the Department of Defense.
(6) The significant recent increase in overseas
active-duty assignments for reserve component mem-
bers warrants enhancement of military benefits for
the Nation’s citizen soldiers.
(7) Those enhancements should include—
(A) extending eligibility of reserve compo-
nent members for space available (‘‘Space-A’’)
travel on military aircraft to travel outside the
continental United States (‘‘OCONUS’’);
(B) providing for reserve component mem-
bers traveling away from their homes for inac-
tive-duty training to be eligible for billiting in
military quarters on the same basis as members
on active duty;
(C) raising the annual reserve retirement
point maximum from 75 to 90; and
(D) extending the legal services provided
by the Department of Defense to reserve com-
ponent members.
SEC. 3. TRAVEL BY RESERVES ON MILITARY AIRCRAFT
OUTSIDE CONTINENTAL UNITED STATES.
(a) SPACE-REQUIRED TRAVEL
FOR TRAVEL
TO
DUTY STATIONS OCONUS.—(1) Subsection (a) of section
18505 of title 10, United States Code, as added by section
517(a) of the National Defense Authorization Act for Fis-
cal Year 2000 (Public Law 106–65), is amended—
(A) by inserting ‘‘annual training duty or’’ be-
fore ‘‘inactive-duty training’’ both places it appears;
and
(B) by inserting ‘‘duty or’’ before ‘‘training if’’.
(2) The heading of such section is amended to read
as follows:
‘‘§ 18505. Reserves traveling to annual training duty
or inactive-duty training OCONUS: au-
thority for space-required travel’’.
(b) SPACE-AVAILABLE TRAVEL FOR MEMBERS OF
SELECTED RESERVE AND GRAY AREA RETIREES.—Chap-
ter 1805 of such title is amended by adding at the end
the following new section:
‘‘§ 18506. Space-available travel: Selected Reserve and
reserve retirees under age 60; dependents
‘‘(a) ELIGIBILITY FOR SPACE-AVAILABLE TRAVEL.—
The Secretary of Defense shall prescribe regulations to
allow persons described in subsection (b) to receive trans-
portation on aircraft of the Department of Defense on a
space-available basis under the same terms and conditions
(including terms and conditions applicable to travel out-
side the United States) as apply to members of the armed
forces entitled to retired pay.
‘‘(b) PERSONS ELIGIBLE.—Subsection (a) applies to
the following persons:
‘‘(1) A person who is a member of the Selected
Reserve in good standing (as determined by the Sec-
retary concerned).
‘‘(2) A person who is a member or former mem-
ber of a reserve component under age 60 who, but
for age, would be eligible for retired pay under chap-
ter 1223 of this title.
‘‘(c) DEPENDENTS.—A dependent of a person de-
scribed in subsection (b) may be provided transportation
under this section on the same basis as dependents of
members of the armed forces entitled to retired pay.’’.
‘‘(d) LIMITATION ON REQUIRED IDENTIFICATION.—
Neither the ‘‘Authentication of Reserve Status for Travel
Eligibility’’ form (DD Form 1853), nor or any other form,
other than the presentation of military identification and
duty orders upon request, or other methods of identifica-
tion required of active duty personnel, shall be required
of reserve component personnel using space-available
transportation within or outside the continental United
States.’’.
(2) The table of sections at the beginning of such
chapter is amended by striking the item relating to section
18505 and inserting the following new items:
‘‘18505. Reserves traveling to annual training duty or inactive-duty training
OCONUS: authority for space-required travel.
‘‘18506. Space-available travel: Selected Reserve and reserve retirees under age
60; dependents.’’.
(c) EFFECTIVE DATE.—Regulations under section
18506 of title 10, United States Code, as added by sub-
section (a), shall be prescribed not later than 180 days
after the date of the enactment of this Act.
SEC. 4. BILLETING SERVICES FOR RESERVE MEMBERS
TRAVELING FOR INACTIVE DUTY TRAINING.
(a) IN GENERAL.—(1) Chapter 1217 of title 10,
United States Code, is amended by adding at the end the
following new section:
‘‘§ 12604. Attendance at inactive-duty training assem-
blies: billeting in Department of Defense
facilities
‘‘(a) AUTHORITY FOR BILLETING ON SAME BASIS AS
ACTIVE DUTY MEMBERS TRAVELING UNDER ORDERS.—
The Secretary of Defense shall prescribe regulations au-
thorizing a Reserve traveling to inactive duty training at
a location more than 50 miles from that Reserve’s home
to be eligible for billeting in Department of Defense facili-
ties on the same basis as a member of the armed forces
on active duty who is traveling under orders away from
the member’s duty station.
‘‘(b) PROOF OF REASON FOR TRAVEL.—The Sec-
retary shall include in regulations under subsection (a)
means for establishing that a Reserve seeking billeting in
Department of Defense facilities under that subsection is
traveling for attendance at inactive duty training at a loca-
tion more than 50 miles from that Reserve’s home.’’.
(2) The table of sections at the beginning of such
chapter is amended by adding at the end the following
new item:
‘‘12604. Attendance at inactive-duty training assemblies: billeting in Depart-
ment of Defense facilities.’’.
(b) EFFECTIVE DATE.—Section 12604 of title 10,
United States Code, as added by subsection (a), shall
apply with respect to periods of inactive duty training be-
ginning more than 180 days after the date of the enact-
ment of this Act.
SEC. 5. INCREASE IN MAXIMUM NUMBER OF RESERVE RE-
TIREMENT POINTS THAT MAY BE CREDITED
IN ANY YEAR.
Section 12733(3) of title 10, United States Code, is
amended by striking ‘‘but not more than’’ and all that
follows and inserting ‘‘but not more than—
‘‘(A) 60 days in any one year of service be-
fore the year of service that includes September
23, 1996;
‘‘(B) 75 days in the year of service that in-
cludes September 23, 1996, and in any subse-
quent year of service before the year of service
that includes the date of the enactment of the
Reserve Component Equity Act of 1999; and
‘‘(C) 90 days in the year of service that in-
cludes the date of the enactment of the Reserve