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108th CONGRESS
2d Session
S. 2791
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 10, 2004
Mr. Daschle (for himself, Mrs. Murray, Ms. Mikulski, Mr. Leahy, Mrs.
Lincoln, Mr. Corzine, Mr. Akaka, Mr. Dorgan, Mr. Pryor, Mr. Johnson,
and Mr. Reid) introduced the following bill; which was read twice and
referred to the Committee on Armed Services
_______________________________________________________________________
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Guard and Reserve Bill of
Rights Act of 2004''.
SEC. 2. PERIODS OF DEPLOYMENTS OF RESERVES OVERSEAS.
(a) United States Central Command Deployments.--
(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
specified 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 corresponding active component reduced by the period of
time between the date of entry of the reserve component 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 Central 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 enactment of this Act have more than 90 days remaining in
such assignment.
(b) Communication of Lengths of Deployment Periods to Reserves in
Operation Iraqi Freedom.--
(1) Findings.--Congress makes the following findings:
(A) Members of all components of the Armed Forces,
active and reserve, exhibit a remarkable commitment and
willingness to serve their country in Iraq and
Afghanistan, and other United States military efforts
around the world and, in doing so, frequently face
grave risks and difficulties.
(B) While the members of the Armed Forces have
clearly and consistently demonstrated their dedication
to duty, much uncertainty has arisen among them about
the lengths of their deployments and when they will be
returned to their loved ones. This confusion impairs
our troops' morale and places undue strain on their
families and their civilian employers.
(C) Fairness to the men and women of the Armed
Forces deployed overseas requires that the Department
of Defense--
(i) have clear policies regarding lengths
of deployment periods; and
(ii) communicate these policies and other
deployment-related information to them and
their families.
(D) While many military units were deployed months
before Operation Iraqi Freedom was launched on March
19, 2003, the Department of Defense did not announce a
policy about the length of deployments until August
2003.
(E) Even after the Department of Defense issued its
so-called ``one year boots-on-the-ground'' policy
regarding lengths of deployment periods, many of the
members of units deployed overseas in Operation Iraqi
Freedom learned shortly before their scheduled return
dates that their deployments would be extended for
months beyond the one-year period provided under that
policy.
(2) Report.--
(A) Requirement for report.--Not later than March
1, 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 members of reserve components of
the Armed Forces in connection with Operation Iraqi
Freedom, and on the communication between the
Department of Defense and reserve component personnel
and their families regarding the length of the
deployment periods.
(B) Consultation requirement.--In preparing 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 officials as the Secretary
considers appropriate.
(C) Content.--The report under this paragraph shall
contain a discussion of the matters described in
subparagraph (A), including the following matters:
(i) The process by which the Department of
Defense determined its policy regarding the
length of deployment periods.
(ii) The reason that no such policy was in
place before Operation Iraqi Freedom began.
(iii) A comparison of the policy during
Operation Iraqi Freedom with Department of
Defense deployment policies that applied to previous contingency
operations.
(iv) The timeliness of the process for
notifying reserve component units for
activation.
(v) The process for communicating with
activated reserve component members and their
families about demobilization schedules.
(vi) The family support programs provided
by the National Guard and other reserve
components for families of activated Reserves.
(vii) An assessment of lessons learned
about how the increased operations tempo of the
National Guard and other reserve components can
be expected to affect readiness, recruitment
and retention, civilian employers of Reserves,
and equipment and supply resources of the
National Guard and the other reserve
components.
(D) 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--
(i) lessons learned, including deficiencies
identified; and
(ii) near-term and long-term corrective
actions to address the identified deficiencies.
(E) Form of report.--The report shall be submitted
in unclassified form, but may include a classified
annex.
SEC. 3. MILITARY PAY.
(a) Correction of Pay Problems for Activated Reserve Component
Personnel.--
(1) Requirement for senior level action.--The Secretary of
the Army shall designate a senior level official of the
Department of the Army to implement--
(A) the recommendations for executive action set
forth in the report of the Comptroller General of the
United States entitled ``Military Pay, Army National
Guard Personnel Mobilized to Active Duty Experienced
Significant Pay Problems'', dated November 2003; and
(B) the recommendations for executive action set
forth in the report of the Comptroller General of the
United States entitled ``Military Pay, Army Reserve
Soldiers Mobilized to Active Duty Experienced
Significant Pay Problems'', dated August 2004.
(2) Supervision by comptroller of department of defense.--
The official designated under paragraph (1) shall report
directly to, and be subject to the direction of, the Under
Secretary of Defense (Comptroller) regarding performance of the
duties that the official is designated to carry out under such
paragraph.
(3) Termination of requirement.--The designation under
paragraph (1) shall terminate upon the certification of the
Under Secretary of Defense (Comptroller) to Congress that all
recommendations referred to in such paragraph have been
implemented.
(b) Reenlistment Bonus for Selected Reserve.--
(1) Expanded eligibility.--Subsection (a)(1) of section
308b of title 37, United States Code, is amended by striking
``14 years'' and inserting ``17 years''.
(2) Increased maximum amount.--Subsection (b) of such
section is amended by striking ``(b) Bonus Amount; Payment.--
(1) The amount of a bonus under this section may not exceed--''
and all that follows through the end of paragraph (1) and
inserting the following:
``(b) Bonus Amount.--The amount of a bonus under this section may
not exceed $10,000.''.
(3) Option to receive lump-sum payment.--Section 308b of
title 37, United States Code, is further amended--
(A) by striking paragraphs (1) and (2) of
subsection (c); and
(B) in paragraph (2) of subsection (b)--
(i) by striking ``(2) Any bonus payable
under this section'' and inserting the
following:
``(c) Payment in Lump Sum or Installments.--(1) A bonus payable to
a member under this section shall be paid, upon the election of the
member, in one lump sum or in partial payments under paragraph (2).
``(2) Any bonus payable in partial payments under this section''.
(4) Redesignation of provisions.--Such section is further
amended--
(A) by redesignating subsections (d), (e), and (f),
as subsections (e), (f), and (g), respectively; and
(B) in subsection (c)(3)--
(i) by striking ``(3) In the case of'' and
inserting ``(d) Personnel in Certain
Contingency Operations.--In the case of''; and
(ii) by striking ``paragraph (1)(B) or''.
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 subsection (h), to enroll in
TRICARE'' and all that follows 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 provisions.--Such section
is further amended--
(A) by striking subsections (i) and (j); and
(B) by redesignating subsection (k) as subsection
(i).
(b) Continuation of Non-TRICARE Health Benefits Plan Coverage for
Certain Reserves Called or Ordered to Active Duty and Their
Dependents.--
(1) Required continuation.--
(A) Requirement.--Chapter 55 of title 10, United
States Code, is amended by inserting after section
1078a the following new section:
``Sec. 1078b. Continuation of non-TRICARE health benefits plan coverage
for dependents of certain Reserves called or ordered to
active duty
``(a) Payment of Premiums.--The Secretary concerned 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 regulations 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 emergency declared by the President
or Congress.
``(2) For the purposes of this section, the members of the family
of an eligible reserve component member include only the member's
dependents described in subparagraphs (A), (D), and (I) of section
1072(2) of this title.
``(c) Qualified Health Benefits Plan Coverage.--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 pending 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 family of the reserve
component member; and
``(3) the coverage has not lapsed.
``(d) Applicable Premium.--The applicable premium 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 premium 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 multiplying--
``(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 Period.--The benefits coverage
continuation period under this section for qualified health benefits
plan coverage for the family members of an eligible reserve component
member called or ordered to active duty is the period that--
``(1) begins on the date of the call or order; and
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