I 
109TH CONGRESS 
1ST SESSION H. R. 1565 
To enhance the benefits and protections for members of the reserve compo-
nents of the Armed Forces who are called or ordered to extended active 
duty, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 12, 2005 
Ms. HOOLEY (for herself, Mr. MCGOVERN, Mr. BISHOP of New York, Mr. 
PALLONE, Mr. DEFAZIO, Mr. OWENS, Mr. OLVER, Mr. TOWNS, Mr. 
KIND, Mr. SCOTT of Georgia, Mr. GRIJALVA, Mrs. DAVIS of California, 
Mr. BLUMENAUER, Mr. CARDOZA, Mr. KILDEE, Ms. KILPATRICK of 
Michigan, Mr. ROSS, Mr. PAYNE, Mr. HOLDEN, Mr. SMITH of Wash-
ington, Mr. STUPAK, Mr. LANTOS, Mr. RUPPERSBERGER, Mr. BROWN of 
Ohio, Mr. PASTOR, Mr. LARSEN of Washington, Mrs. CAPPS, Mr. OBER-
STAR, Mr. JACKSON of Illinois, Mr. CHANDLER, Mrs. JONES of Ohio, and 
Mr. CASE) introduced the following bill; which was referred to the Com-
mittee on Armed Services, and in addition to the Committees on Energy 
and Commerce, Education and the Workforce, Ways and Means, and Vet-
erans’ Affairs, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To enhance the benefits and protections for members of 
the reserve components of the Armed Forces who are 
called or ordered to extended active duty, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘National Guard and Reserve Bill of Rights Act of 2005’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title and table of contents. 
Sec. 2. Periods of deployments of Reserves overseas. 
Sec. 3. Correction of military pay issues affecting reserve component personnel. 
Sec. 4. TRICARE for reserve component personnel. 
Sec. 5. Child care for children of members of Armed Forces on active duty for 
Operation Enduring Freedom or Operation Iraqi Freedom. 
Sec. 6. USERRA implementing regulations. 
Sec. 7. Expansion of eligibility requirements to permit the aggregation of peri-
ods of active duty service over a period of 5 years to qualify 
for educational assistance for reserve component members sup-
porting contingency operations and certain other operations. 
Sec. 8. Reduction from 60 to 55 of age for receipt of military retired pay for 
nonregular service. 
Sec. 9. Deputy Under Secretary of Defense for Personnel and Readiness (Re-
serve Affairs). 
Sec. 10. Support for State National Guard reintegration offices. 
SEC. 2. PERIODS OF DEPLOYMENTS OF RESERVES OVER-
SEAS. 
(a) UNITED STATES CENTRAL COMMAND DEPLOY-
MENTS.— 
(1) LIMITATION.—During a period when there 
is in effect a policy of assigning units or members 
of one or more of the active components of the 
Armed Forces to duty in the area of responsibility 
of the United States Central Command for a speci-
fied period of time of not less than one year, the 
Secretary of Defense shall provide that the length of 
such an assignment in the case of members of the 
reserve components of the Armed Forces may not
exceed the length of such period for the cor-
responding active component reduced by the period 
of time between the date of entry of the reserve com-
ponent members onto active duty and the date of the 
deployment of such members for such assignment. 
(2) TRANSITION.—Paragraph (1) applies to 
members of reserve components assigned to duty in 
the area of responsibility of the United States Cen-
tral Command on or after the date of the enactment 
of this Act and to such members assigned to such 
duty before such date who as of the date of the en-
actment of this Act have more than 90 days remain-
ing in such assignment. 
(b) COMMUNICATION OF LENGTHS OF DEPLOYMENT 
PERIODS
TO RESERVES
IN OPERATION IRAQI FREE-
DOM.— 
(1) REQUIREMENT
FOR
REPORT.—Not later 
than December 31, 2005, the Secretary of Defense 
shall submit to the Committees on Armed Services 
of the Senate and the House of Representatives a 
report on Department of Defense policies governing 
the length of deployment periods applicable to mem-
bers of reserve components of the Armed Forces in 
connection with Operation Iraqi Freedom, and on 
the communication between the Department of De-
fense and reserve component personnel and their 
families regarding the length of the deployment peri-
ods. 
(2) CONSULTATION
REQUIREMENT.—In pre-
paring the report under this section the Secretary 
shall consult with the Chairman and other members 
of the Joint Chiefs of Staff and with such other offi-
cials as the Secretary considers appropriate. 
(3) CONTENT.—The report under this para-
graph shall contain a discussion of the matters de-
scribed in paragraph (1), including the following 
matters: 
(A) The process by which the Department 
of Defense determined its policy regarding the 
length of deployment periods. 
(B) The reason that no such policy was in 
place before Operation Iraqi Freedom began. 
(C) A comparison of the policy during Op-
eration Iraqi Freedom with Department of De-
fense deployment policies that applied to pre-
vious contingency operations. 
(D) The timeliness of the process for noti-
fying reserve component units for activation.
(E) The process for communicating with 
activated reserve component members and their 
families about demobilization schedules. 
(F) The family support programs provided 
by the National Guard and other reserve com-
ponents for families of activated Reserves. 
(G) An assessment of lessons learned 
about how the increased operations tempo of 
the National Guard and other reserve compo-
nents can be expected to affect readiness, re-
cruitment and retention, civilian employers of 
Reserves, and equipment and supply resources 
of the National Guard and the other reserve 
components. 
(4) MATTERS FOR PARTICULAR EMPHASIS.—In 
the discussion of the matters included in the report 
under this subsection, the Secretary of Defense shall 
place particular emphasis on— 
(A) lessons learned, including deficiencies 
identified; and 
(B) near-term and long-term corrective ac-
tions to address the identified deficiencies. 
(5) FORM
OF
REPORT.—The report shall be 
submitted in unclassified form, but may include a 
classified annex.
SEC. 3. CORRECTION OF MILITARY PAY ISSUES AFFECTING 
RESERVE COMPONENT PERSONNEL. 
(a) SENIOR-LEVEL
ACTION
ON
REPORT
REC-
OMMENDATIONS.—The Secretary of the Army shall des-
ignate a senior level official of the Department of the 
Army to implement the recommendations for executive ac-
tion set forth in the reports of the Comptroller General 
entitled ‘‘Military Pay, Army National Guard Personnel 
Mobilized to Active Duty Experienced Significant Pay 
Problems’’, dated November 2003, and ‘‘Military Pay, 
Army Reserve Soldiers Mobilized to Active Duty Experi-
enced Significant Pay Problems’’, dated August 2004, 
which have not been implemented by the date of the enact-
ment of this Act. 
(b) SUPERVISION.—The official designated under 
subsection (a) shall report directly to, and be subject to 
the direction of, the Under Secretary of Defense (Comp-
troller) regarding performance of the duties that the offi-
cial is designated to carry out under such subsection. 
(c) TERMINATION.—The designation under sub-
section (a) shall terminate on the date on which the Under 
Secretary of Defense (Comptroller) certifies to Congress 
that all of the recommendations for executive action con-
tained in the reports referred to in such subsection have 
been implemented.
SEC. 4. TRICARE FOR RESERVE COMPONENT PERSONNEL. 
(a) EXPANDED ELIGIBILITY
OF READY RESERVE 
MEMBERS UNDER TRICARE PROGRAM.— 
(1) UNCONDITIONAL ELIGIBILITY.—Subsection 
(a) of section 1076b of title 10, United States Code, 
is amended by striking ‘‘is eligible, subject to sub-
section (h), to enroll in TRICARE’’ and all that fol-
lows through ‘‘an employer-sponsored health benefits 
plan’’ and inserting ‘‘, except for a member who is 
enrolled or is eligible to enroll in a health benefits 
plan under chapter 89 of title 5, is eligible to enroll 
in TRICARE, subject to subsection (h)’’. 
(2) PERMANENT AUTHORITY.—Subsection (l) of 
such section is repealed. 
(3) CONFORMING REPEAL OF OBSOLETE PROVI-
SIONS.—Such section is further amended— 
(A) by striking subsections (i) and (j); and 
(B) by redesignating subsection (k) as sub-
section (i). 
(b) CONTINUATION
OF NON-TRICARE HEALTH 
BENEFITS PLAN COVERAGE
FOR CERTAIN RESERVES 
CALLED OR ORDERED TO ACTIVE DUTY AND THEIR DE-
PENDENTS.— 
(1) REQUIRED CONTINUATION.— 
(A) REQUIREMENT.—Chapter 55 of title 
10, United States Code, is amended by insert-
ing after section 1078a the following new sec-
tion: 
‘‘§ 1078b. Continuation of non-TRICARE health bene-
fits plan coverage for dependents of cer-
tain Reserves called or ordered to active 
duty 
‘‘(a) PAYMENT OF PREMIUMS.—The Secretary con-
cerned shall pay the applicable premium to continue in 
force any qualified health benefits plan coverage for the 
members of the family of an eligible reserve component 
member for the benefits coverage continuation period if 
timely elected by the member in accordance with regula-
tions prescribed under subsection (j). 
‘‘(b) ELIGIBLE MEMBER; FAMILY MEMBERS.—(1) A 
member of a reserve component is eligible for payment of 
the applicable premium for continuation of qualified 
health benefits plan coverage under subsection (a) while 
serving on active duty pursuant to a call or order issued 
under a provision of law referred to in section 
101(a)(13)(B) of this title during a war or national emer-
gency declared by the President or Congress. 
‘‘(2) For the purposes of this section, the members 
of the family of an eligible reserve component member in-
clude only the member’s dependents described in subpara-
graphs (A), (D), and (I) of section 1072(2) of this title.
‘‘(c) QUALIFIED HEALTH BENEFITS PLAN COV-
ERAGE.—For the purposes of this section, health benefits 
plan coverage for the members of the family of a reserve 
component member called or ordered to active duty is 
qualified health benefits plan coverage if— 
‘‘(1) the coverage was in force on the date on 
which the Secretary notified the reserve component 
member that issuance of the call or order was pend-
ing or, if no such notification was provided, the date 
of the call or order; 
‘‘(2) on such date, the coverage applied to the 
reserve component member and members of the fam-
ily of the reserve component member; and 
‘‘(3) the coverage has not lapsed. 
‘‘(d) APPLICABLE PREMIUM.—The applicable pre-
mium payable under this section for continuation of health 
benefits plan coverage for the family members of a reserve 
component member is the amount of the premium payable 
by the member for the coverage of the family members. 
‘‘(e) MAXIMUM AMOUNT.—The total amount that the 
Department of Defense may pay for the applicable pre-
mium of a health benefits plan for the family members 
of a reserve component member under this section in a 
fiscal year may not exceed the amount determined by mul-
tiplying—
‘‘(1) the sum of one plus the number of the 
family members covered by the health benefits plan, 
by 
‘‘(2) the per capita cost of providing TRICARE 
coverage and benefits for dependents under this 
chapter for such fiscal year, as determined by the 
Secretary of Defense. 
‘‘(f) BENEFITS
COVERAGE
CONTINUATION
PE-
RIOD.—The benefits coverage continuation period under 
this section for qualified health benefits plan coverage for 
the family members of an eligible reserve component mem-
ber called or ordered to active duty is the period that— 
‘‘(1) begins on the date of the call or order; and 
‘‘(2) ends on the earlier of— 
‘‘(A) the date on which the reserve compo-
nent member’s eligibility for transitional health 
care under section 1145(a) of this title termi-
nates under paragraph (3) of such section; or 
‘‘(B) the date on which the reserve compo-
nent member elects to terminate the continued 
qualified health benefits plan coverage of the 
member’s family members. 
‘‘(g) EXTENSION
OF PERIOD
OF COBRA COV-
ERAGE.—Notwithstanding any other provision of law—
‘‘(1) any period of coverage under a COBRA 
continuation 
provision 
(as 
defined 
in 
section 
9832(d)(1) of the Internal Revenue Code of 1986) 
for an eligible reserve component member under this 
section shall be deemed to be equal to the benefits 
coverage continuation period for such member under 
this section; and 
‘‘(2) with respect to the election of any period 
of coverage under a COBRA continuation provision 
(as so defined), rules similar to the rules under sec-
tion 4980B(f)(5)(C) of such Code shall apply. 
‘‘(h) NONDUPLICATION OF BENEFITS.—A member of 
the family of a reserve component member who is eligible 
for benefits under qualified health benefits plan coverage 
paid on behalf of the reserve component member by the 
Secretary concerned under this section is not eligible for 
benefits under the TRICARE program during a period of 
the coverage for which so paid. 
‘‘(i) REVOCABILITY OF ELECTION.—A reserve com-
ponent member who makes an election under subsection 
(a) may revoke the election. Upon such a revocation, the 
member’s family members shall become eligible for bene-
fits under the TRICARE program as provided for under 
this chapter.
‘‘(j) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations for carrying out this section. The 
regulations shall include such requirements for making an 
election of payment of applicable premiums as the Sec-
retary considers appropriate.’’. 
(B) CLERICAL AMENDMENT.—The table of 
sections at the beginning of such chapter is 
amended by inserting after the item relating to 
section 1078a the following new item: 
‘‘1078b. Continuation of non-TRICARE health benefits plan coverage for de-
pendents of certain Reserves called or ordered to active duty.’’. 
(2) APPLICABILITY.—Section 1078b of title 10, 
United States Code (as added by paragraph (1)), 
shall apply with respect to calls or orders of mem-
bers of reserve components of the Armed Forces to 
active duty as described in subsection (b) of such 
section, that are issued by the Secretary of a mili-
tary department before, on, or after the date of the 
enactment of this Act, but only with respect to 
qualified health benefits plan coverage (as described 
in subsection (c) of such section) that is in effect on 
or after the date of the enactment of this Act.
SEC. 5. CHILD CARE FOR CHILDREN OF MEMBERS OF 
ARMED FORCES ON ACTIVE DUTY FOR OPER-
ATION ENDURING FREEDOM OR OPERATION 
IRAQI FREEDOM. 
(a) CHILD CARE FOR CHILDREN WITHOUT ACCESS 
TO MILITARY CHILD CARE.— 
(1) AUTHORITY.—In any case in which the chil-
dren of a covered member of the Armed Forces are 
geographically dispersed and do not have practical 
access to a military child development center, the 
Secretary of Defense may, to the extent funds are 
available for such purpose, provide such funds as are 
necessary permit the member’s family to secure ac-
cess for such children to State licensed child care 
and development programs and activities in the pri-
vate sector that are similar in scope and quality to 
the child care and development programs and activi-
ties the Secretary would otherwise provide access to 
under subchapter II of chapter 88 of title 10, United 
States Code, and other applicable provisions of law. 
(2) PROCEDURES.—Funds may be provided 
under paragraph (1) in accordance with the provi-
sions of section 1798 of title 10, United States 
Code, or by such other mechanism as the Secretary 
considers appropriate.
(3) PRIORITIES.—The Secretary shall prescribe 
in regulations priorities for the allocation of funds 
for the provision of access to child care under para-
graph (1) in circumstances where funds are inad-
equate to provide all children described in that para-
graph with access to child care as described in that 
paragraph. 
(b) PRESERVATION OF SERVICES AND PROGRAMS.— 
The Secretary shall provide for the attendance and partici-
pation of children in military child development centers 
and child care and development programs and activities 
under subsection (a) in a manner that preserves the scope 
and quality of child care and development programs and 
activities otherwise provided by the Secretary. 
(c) FUNDING.—Amounts otherwise available to the 
Department of Defense and the military departments 
under this Act may be available for purposes of providing 
access to child care under subsection (a). 
(d) DEFINITIONS.—In this section: 
(1) 
COVERED
MEMBER
OF
THE
ARMED 
FORCES.—The term ‘‘covered member of the Armed 
Forces’’ means a member of the Armed Forces on 
active duty, including a member of the Reserves who 
is called or ordered to active duty under a provision 
of law referred to in section 101(a)(13)(B) of title
10, United States Code, for Operation Enduring 
Freedom or Operation Iraqi Freedom. 
(2) MILITARY CHILD DEVELOPMENT CENTER.— 
The term ‘‘military child development center’’ has 
the meaning given such term in section 1800(1) of 
title 10, United States Code. 
SEC. 6. USERRA IMPLEMENTING REGULATIONS. 
(a) REQUIREMENT FOR REGULATIONS.—Subsections 
(a) and (b)(1) of section 4331 of title 38, United States 
Code, are amended by striking ‘‘may prescribe’’ and in-
serting ‘‘shall prescribe’’. 
(b) CLARIFICATION OF RIGHT TO MERIT PAY IN-
CREASES.—The regulations prescribed for the implemen-
tation of chapter 43 of title 38, United States Code, under 
section 4331 of such title shall include regulations that 
clarify that the entitlement of persons returning to em-
ployment under such chapter to receive pay increases 
under merit pay systems of employers may not be denied 
on the basis of lack of work performance evaluations for 
periods of absence for active duty in the uniformed serv-
ices.
SEC. 7. EXPANSION OF ELIGIBILITY REQUIREMENTS TO 
PERMIT THE AGGREGATION OF PERIODS OF 
ACTIVE DUTY SERVICE OVER A PERIOD OF 5 
YEARS TO QUALIFY FOR EDUCATIONAL AS-
SISTANCE FOR RESERVE COMPONENT MEM-
BERS 
SUPPORTING 
CONTINGENCY 
OPER-
ATIONS AND CERTAIN OTHER OPERATIONS. 
(a) ELIMINATION OF REQUIREMENT FOR CONSECU-
TIVE DAYS OF SERVICE.—Subsection (c)(4) of section 
16162 of title 10, United States Code, is amended— 
(1) in subparagraph (A), by striking ‘‘for 90 
consecutive days but less than one continuous year;’’ 
and inserting ‘‘for a cumulative period of 90 days 
but less than one year during any 5-year period;’’; 
(2) in subparagraph (B), by striking ‘‘one con-
tinuous year but less than two continuous years;’’ 
and inserting ‘‘for a cumulative period of one year 
but less than two years during any 5-year period;’’; 
and 
(3) in subparagraph (C), by striking ‘‘two con-
tinuous years or more.’’ and inserting ‘‘for a cumu-
lative period of two years or more during any 5-year 
period.’’. 
(b) CONFORMING AMENDMENT.—Section 16163 of 
such title is amended—
(1) in paragraphs (1) and (2) of subsection (a), 
by striking ‘‘consecutive’’ each place it appears; and 
(2) in subsection (b), by striking ‘‘consecutive’’. 
SEC. 8. REDUCTION FROM 60 TO 55 OF AGE FOR RECEIPT 
OF MILITARY RETIRED PAY FOR NONREG-
ULAR SERVICE. 
(a) REDUCTION
IN AGE.—Section 12731(a)(1) of 
title 10, United States Code, is amended by striking ‘‘at 
least 60 years of age’’ and inserting ‘‘at least 55 years 
of age’’. 
(b) APPLICATION TO EXISTING PROVISIONS OF LAW 
OR POLICY.—With respect to any provision of law, or of 
any policy, regulation, or directive of the executive branch, 
that refers to a member or former member of the uni-
formed services as being eligible for, or entitled to, retired 
pay under chapter 1223 of title 10, United States Code, 
but for the fact that the member or former member is 
under 60 years of age, such provision shall be carried out 
with respect to that member or former member by sub-
stituting for the reference to being 60 years of age a ref-
erence to the age in effect for qualification for such retired 
pay under section 12731(a) of title 10, United States 
Code, as amended by subsection (a). 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the first day of the first
month beginning on or after the date of the enactment 
of this Act and shall apply to retired pay payable for that 
month and subsequent months. 
SEC. 9. DEPUTY UNDER SECRETARY OF DEFENSE FOR PER-
SONNEL 
AND 
READINESS 
(RESERVE 
AF-
FAIRS). 
(a) ESTABLISHMENT OF POSITION.— 
(1) POSITION AND DUTIES.—Chapter 4 of title 
10, United States Code, is amended by inserting 
after section 136a the following new section: 
‘‘§ 136b. Deputy Under Secretary of Defense for Per-
sonnel and Readiness (Reserve Affairs) 
‘‘(a) There is a Deputy Under Secretary of Defense 
for Personnel and Readiness (Reserve Affairs), appointed 
from civilian life by the President, by and with the advice 
and consent of the Senate. 
‘‘(b) The Deputy Under Secretary of Defense for Per-
sonnel and Readiness (Reserve Affairs) shall have as his 
principal duty the overall supervision of reserve component 
affairs of the Department of Defense.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 136a 
the following new item: 
‘‘136b. Deputy Under Secretary of Defense for Personnel and Readiness (Re-
serve Affairs).’’.
(b) EXECUTIVE LEVEL IV.—Section 5315 of title 5, 
United States Code, is amended by inserting after ‘‘Dep-
uty Under Secretary of Defense for Personnel and Readi-
ness.’’ the following: 
‘‘Deputy Under Secretary of Defense for Personnel and 
Readiness (Reserve Affairs).’’. 
(c) ELIMINATION OF POSITION OF ASSISTANT SEC-
RETARY OF DEFENSE FOR RESERVE AFFAIRS.— 
(1) REPEAL
OF
REQUIREMENT
FOR
POSI-
TION.—Subsection (b) of section 138 of title 10, 
United States Code, is amended by striking para-
graph (2). 
(2) REDUCTION IN TOTAL NUMBER OF ASSIST-
ANT SECRETARIES OF DEFENSE.— 
(A) AUTHORIZED
NUMBER.—Subsection 
(a) of such section is amended by striking 
‘‘nine’’ and inserting ‘‘eight’’. 
(B) CONFORMING
AMENDMENT.—Section 
5315 of title 5, United States Code, is amended 
by striking ‘‘(9)’’ after ‘‘Assistant Secretaries of 
Defense’’ and inserting ‘‘(8)’’. 
(d) EFFECTIVE DATE.—The amendments made by 
subsection (c) shall take effect on the date on which a 
person is first appointed as Deputy Under Secretary of 
Defense for Personnel and Readiness (Reserve Affairs).
SEC. 10. SUPPORT FOR STATE NATIONAL GUARD RE-
INTEGRATION OFFICES. 
Section 107 of title 32, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(d) Under such regulations as the Secretary of De-
fense may prescribe, appropriations for the National 
Guard are available for support by the Department of De-
fense of the establishment and operation by the National 
Guard of offices to assist members of the National Guard 
being released from active duty or full-time National 
Guard duty of a period of more than 30 days in read-
justing to civilian life.’’. 
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