428
HR 3230 PCS
(C) That Federal level contingency stocks
be created to support the National Guard in do-
mestic 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, includ-
ing—
(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 abil-
ity to activate both units and individual members;
and
(2) whether the three-tiered set of statutory au-
thorities (under such sections 12301, 12302, and
12304) should be consolidated, modified, or in part
eliminated in order to facilitate current and future
use of Reserve units and individual reserve compo-
429
HR 3230 PCS
nent 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 find-
ings and recommendations (based upon a review of cur-
rent policies and procedures) concerning procedures for re-
lease 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 recommenda-
tions 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 component units when active com-
ponent units are available to perform the mission
being performed by the reserve component unit;
(2) minimize the effects of frequent mobiliza-
tion 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 em-
ployers, and (in the case of such members who own
430
HR 3230 PCS
businesses) their employees, while such members are
on active duty.
(e) RESERVE FORCES POLICY BOARD PARTICIPA-
TION.—The Secretary of Defense shall ensure that the Re-
serve Forces Policy Board participates in the internal De-
partment of Defense process for development of the rec-
ommendations of the Secretary contained in the report
under subsection (a). If the Board submits to the Sec-
retary 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 Sec-
retary of Defense to develop recommendations for pur-
poses 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 sub-
mitted, a report setting forth the Comptroller General’s
conclusions concerning the adequacy and completeness of
the recommendations made by the Secretary in the report.
431
HR 3230 PCS
SEC. 1232. REPORT TO CONGRESS CONCERNING TAX IN-
CENTIVES FOR EMPLOYERS OF MEMBERS OF
RESERVE COMPONENTS.
Not later than 180 days after the date of the enact-
ment 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 re-
serve components in order to compensate 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 RE-
SERVISTS.
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit
to Congress a report setting forth legislative recommenda-
tions 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.
432
HR 3230 PCS
SEC. 1234. REPORT TO CONGRESS CONCERNING SMALL
BUSINESS LOANS FOR MEMBERS RELEASED
FROM RESERVE SERVICE DURING CONTIN-
GENCY OPERATIONS.
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit
to Congress a report setting forth a draft of legislation
to establish a small business 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.
Subtitle C—Reserve Forces
Sustainment
SEC. 1251. REPORT CONCERNING TAX DEDUCTIBILITY OF
NONREIMBURSABLE EXPENSES.
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit
to Congress a report setting forth a draft of legislation
to restore the tax deductibility of nonreimbursable ex-
penses incurred by members of reserve components in con-
nection with military service.
433
HR 3230 PCS
SEC. 1252. CODIFICATION OF ANNUAL AUTHORITY TO PAY
TRANSIENT HOUSING CHARGES OR PROVIDE
LODGING IN KIND FOR MEMBERS PERFORM-
ING ACTIVE DUTY FOR TRAINING OR INAC-
TIVE-DUTY TRAINING.
(a) CODIFICATION.—Section 404(j) of title 37, Unit-
ed States Code, is amended—
(1) in paragraph (1)—
(A) by striking out ‘‘annual training duty’’
and inserting in lieu thereof ‘‘active duty for
training’’; and
(B) by striking out ‘‘the Secretary con-
cerned may’’ and all that follows through the
period and inserting in lieu thereof the follow-
ing ‘‘the Secretary concerned—
‘‘(A) may reimburse the member for housing
service charge expenses incurred by the member in
occupying transient government housing during the
performance of such duty; or
‘‘(B) if transient government quarters are un-
available, may provide the member with contract
quarters as lodging in kind as if the member were
entitled to such an allowance under subsection (a).’’;
and
446
HR 3230 PCS
SEC. 1326. PERSONNEL MATTERS.
(a) PAY OF MEMBERS.—Members of the Commission
shall serve without pay by reason of their work on the
Commission.
(b) TRAVEL EXPENSES.—The members of the Com-
mission shall be allowed travel expenses, including per
diem in lieu of subsistence, at rates authorized for employ-
ees of agencies under subchapter I of chapter 57 of title
5, United States Code, while away from their homes or
regular places of business in the performance of services
for the Commission.
(c) STAFF.—(1) The chairman of the Commission
may, without regard to the provisions of title 5, United
States Code, governing appointments in the competitive
service, appoint a staff director and such additional per-
sonnel as may be necessary to enable the Commission to
perform its duties. The appointment of a staff director
shall be subject to the approval of the Commission.
(2) The chairman of the Commission may fix the pay
of the staff director and other personnel without regard
to the provisions of chapter 51 and subchapter III of chap-
ter 53 of title 5, United States Code, relating to classifica-
tion of positions and General Schedule pay rates, except
that the rate of pay fixed under this paragraph for the
staff director may not exceed the rate payable for level
V of the Executive Schedule under section 5316 of such