National Guard and Reserve Bill of Rights Act of 2004 - Requires the Secretary of Defense to limit the length of assignment of reservists during U.S. Central Command deployments of not less than one year.
Requires the Secretary to submit to specified congressional committees a report on Department of Defense policies and communications regarding the length of deployments for reservists in connection with Operation Iraqi Freedom.
Directs the Secretary of the Army to designate a senior level official of the Department of the Army to implement recommendations for executive action to address military pay problems.
Expands reenlistment bonus eligibility and the amount of such bonuses for members of the Selected Reserve.
Removes conditions on Ready Reserve members' eligibility for TRICARE enrollment. Makes such eligibility permanent.
Requires the Secretary concerned to pay applicable premiums to continue qualified health benefit plan coverage for family members of eligible reservists serving on active duty for the benefits coverage continuation period.
Authorizes the Secretary of Defense to fund child care for members of the Armed Forces on active duty for Operation Enduring Freedom or Operation Iraqi Freedom.
Requires employers to provide notice of rights and benefits under the Uniformed Services Employment and Reemployment Rights Act (USERRA).
Directs the Secretary of Labor and the Office of Special Counsel to carry out a demonstration project under which certain USERRA claims against Federal agencies are referred to the Office of Special Counsel.
Increases monthly educational assistance benefits for members of the Selected Reserve. Expands eligibility for such benefits to include reservists who have served on active duty for a cumulative period of 24 months during any five-year period.
Reduces from 60 to 55 the age at which members of Reserve components may receive military retirement pay.
Establishes the position of Deputy Under Secretary of Defense for Personnel and Readiness (Reserve Affairs). Eliminates the position of Assistant Secretary of Defense for Reserve Affairs. Reduces the number of Assistant Secretaries of Defense.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5354 Introduced in House (IH)]
108th CONGRESS
2d Session
H. R. 5354
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 HOUSE OF REPRESENTATIVES
October 9, 2004
Ms. Hooley of Oregon (for herself, Mr. Holden, Mr. Capuano, Mr.
Sandlin, Mr. Scott of Georgia, Ms. Carson of Indiana, Mr. Payne, Mr.
Ruppersberger, Mr. DeFazio, Mr. Holt, Mr. Kildee, Mr. Stark, Mr.
Stupak, Ms. Eshoo, Mr. Grijalva, Mr. Bishop of Georgia, Mrs. Capps, Mr.
Berry, Mr. Bell, Mr. Lucas of Kentucky, Ms. Kilpatrick, Mr. Cardoza,
Mr. Ross, Mr. Scott of Virginia, Ms. Linda T. Sanchez of California,
Mr. Bishop of New York, Mr. McNulty, Mr. Wu, Mr. Davis of Tennessee,
Mr. Honda, Mr. Larsen of Washington, Mr. Smith of Washington, Ms.
DeGette, Mr. Pastor, Mr. Kind, Mr. Frank of Massachusetts, Ms. Jackson-
Lee of Texas, Mr. McGovern, Mr. Kennedy of Rhode Island, Mr. Stenholm,
Mr. Serrano, and Mr. Blumenauer) introduced the following bill; which
was referred to the Committee on Armed Services, and in addition to the
Committees on Energy and Commerce, Education and the Workforce, Ways
and Means, and Veterans' Affairs, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction 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 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
``(2) ends on the earlier of--
``(A) the date on which the reserve component
member's eligibility for transitional health care under
section 1145(a) of this title terminates under
paragraph (3) of such section; or
``(B) the date on which the reserve component
member elects to terminate the continued qualified
health benefits plan coverage of the member's family
members.
``(g) Extension of Period of COBRA Coverage.--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 section 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 component 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 benefits 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 Secretary 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
dependents 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 members 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 military
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 OPERATION ENDURING FREEDOM OR OPERATION IRAQI
FREEDOM.
(a) Child Care for Children Without Access to Military Child
Care.--
(1) Authority.--In any case where the children 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 access for such children
to State licensed child care and development programs and
activities in the private sector that are similar in scope and
quality to the child care and development programs and
activities 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 provisions 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 paragraph (1) in
circumstances where funds are inadequate to provide all
children described in that paragraph with access to child care
as described in that paragraph.
(b) Preservation of Services and Programs.--The Secretary shall
provide for the attendance and participation 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 members of the armed forces.--The term
``covered members of the Armed Forces'' means members of the
Armed Forces on active duty, including members of the Reserves
who are 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. RIGHTS AND DUTIES UNDER USERRA.
(a) Requirement for Employers To Provide Notice of Rights and
Duties Under USERRA.--
(1) Notice.--
(A) Requirement for notice.--Chapter 43 of title
38, United States Code, is amended by adding at the end
the following new section:
``Sec. 4334. Notice of rights and duties
``(a) Requirement To Provide Notice.--Each employer shall provide
to persons entitled to rights and benefits under this chapter a notice
of the rights, benefits, and obligations of such persons and such
employers under this chapter. The requirement for the provision of
notice under this section may be met by the posting of the notice where
employers customarily place notices for employees.
``(b) Content of Notice.--The Secretary shall provide to employers
the text of the notice to be provided under this section.''.
(B) Clerical amendment.--The table of sections at
the beginning of such chapter is amended by adding at
the end the following new item:
``4334. Notice of rights and duties.''.
(2) Implementation.--
(A) Requirement.--Not later than the date that is
90 days after the date of the enactment of this Act,
the Secretary of Labor shall make available to
employers the notice required under section 4334 of
title 38, United States Code, as added by paragraph
(1).
(B) Applicability.--The amendments made by this
subsection shall apply to employers under chapter 43 of
such title on and after the first date referred to in
subparagraph (A).
(b) Demonstration Project for Referral of USERRA Claims Against
Federal Agencies to the Office of Special Counsel.--
(1) Establishment of project.--The Secretary of Labor and
the Office of Special Counsel shall carry out a demonstration
project under which certain claims against Federal executive
agencies under the Uniformed Services Employment and
Reemployment Rights Act under chapter 43 of title 38, United
States Code, are referred to, or otherwise received by, the
Office of Special Counsel for assistance, including
investigation and resolution of the claim as well as
enforcement of rights with respect to the claim.
(2) Referral of all prohibited personnel action claims to
the office of special.--
(A) Covered claims.--Under the demonstration
project, the Office of Special Counsel shall receive
and investigate all claims under the Uniformed Services
Employment and Reemployment Rights Act with respect to
Federal executive agencies in cases where the Office of
Special Counsel has jurisdiction over related claims
pursuant to section 1212 of title 5, United States
Code.
(B) Related claims.--For purposes of subparagraph
(A), a related claim is a claim involving the same
Federal executive agency and the same or similar
factual allegations or legal issues as those being
pursued under a claim under the Uniformed Services
Employment and Reemployment Rights Act.
(3) Referral of other claims against federal executive.--
(A) Other claims.--Under the demonstration project,
the Secretary--
(i) shall refer to the Office of Special
Counsel all claims described in subparagraph
(B) made during the period of the demonstration
project; and
(ii) may refer any claim described in
subparagraph (B) filed before the demonstration
project that is pending before the Secretary at
the beginning of the demonstration project.
(B) Covered claims.--A claim referred to in
subparagraph (A) is a claim under chapter 43 of title
38, United States Code, against a Federal executive
agency by a claimant with a social security account
number with an odd number as its terminal digit, or, in
the case of a claim that does not contain a social
security account number, a case number assigned to the
claim with an odd number as its terminal digit.
(4) Administration of demonstration --
(A) Office of special counsel.--The Office of
Special Counsel shall administer the demonstration
project. The Secretary shall cooperate with the Office
of Special Counsel in carrying out the demonstration
project.
(B) Law administered by the secretary of veterans
affairs.--In the case of any claim referred to, or
otherwise received by, the Office of Special Counsel
under the demonstration project, any reference to the
``Secretary'' in sections 4321, 4322, and 4326 of title
38, United States Code, is deemed a reference to the
``Office of Special Counsel''.
(C) Retention of jurisdiction over referred
claims.--In the case of any claim referred to, or
otherwise received by, the Office of Special Counsel
under the demonstration project, the Office of Special
Counsel shall retain administrative jurisdiction over
the claim.
(5) Period of project.--The demonstration project shall be
carried out during the period beginning on the date that is 60
days after the date of the enactment of this Act, and ending on
September 30, 2007.
(6) Periodic evaluations.--The Comptroller General of the
United States shall conduct periodic evaluations of the
demonstration project under this subsection.
(7) Report on evaluations.--Not later than April 1, 2007,
the Comptroller General shall submit to Congress a report on
the evaluations conducted under paragraph (6). The report shall
include the following information and recommendations:
(A) A description of the operation and results of
the demonstration program, including--
(i) the number of claims described in
paragraph (3) referred to, or otherwise
received by, the Office of Special Counsel and
the number of such claims referred to the
Secretary of Labor; and
(ii) for each Federal executive agency, the
number of claims resolved, the type of
corrective action obtained, the period of time
for final resolution of the claim, and the
results obtained.
(B) An assessment of whether referral to the Office
of Special Counsel of claims under the demonstration
project--
(i) improved services to servicemembers and
veterans; or
(ii) significantly reduced or eliminated
duplication of effort and unintended delays in
resolving meritorious claims of those
servicemembers and veterans.
(C) An assessment of the feasibility and
advisability of referring all claims under chapter 43
of title 38, United States Code, against Federal
executive agencies to the Office of Special Counsel for
investigation and resolution.
(D) Such other recommendations for administrative
action or legislation as the Comptroller General
determines appropriate.
(8) Definitions.--In this subsection:
(A) Office of special counsel.--The term ``Office
of Special Counsel'' means the Office of Special
Counsel established by section 1211 of title 5, United
States Code.
(B) Secretary.--The term ``Secretary'' means the
Secretary of Labor.
(C) Federal executive agency.--The term ``Federal
executive agency'' has the meaning given that term in
section 4303(5) of title 38, United States Code.
(c) USERRA Implementing Regulations.--
(1) Requirement for regulations.--Subsections (a) and
(b)(1) of section 4331 of title 38, United States Code, are
amended by striking ``may prescribe'' and inserting ``shall
prescribe''.
(2) Clarification of right to merit pay increases.--The
regulations prescribed for the implementation 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 employment 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 services.
SEC. 7. IMPROVED EDUCATIONAL ASSISTANCE BENEFITS FOR MEMBERS OF THE
SELECTED RESERVE.
(a) Increase in Amount of Basic Educational Assistance.--
(1) In general.--Section 16131(b) of title 10, United
States Code, is amended to read as follows:
``(b) Except as provided in subsections (d) through (f), each
educational assistance program established under subsection (a) shall
provide for payment by the Secretary concerned, through the Secretary
of Veterans Affairs, to each person entitled to educational assistance
under this chapter who is pursuing a program of education of an
educational assistance allowance at the following monthly rates:
``(1) For such a program of education pursued on a full-
time basis, at the monthly rate equal to the applicable
percentage (as defined in paragraph (3)) of the rate that
applies for the month under section 3015(a)(1) of title 38.
``(2)(A) Subject to subparagraph (B), for such a program of
education pursued on less than a full-time basis, at an
appropriately reduced rate, as determined under regulations
which the Secretaries concerned shall prescribe.
``(B) No payment may be made to a person for less than
half-time pursuit of such a program of education if tuition
assistance is otherwise available to the person for such
pursuit from the military department concerned.
``(3) In this subsection, the term `applicable percentage'
means, with respect to months occurring during--
``(A) fiscal year 2005, 33 percent;
``(B) fiscal year 2006, 37 percent;
``(C) fiscal year 2007, 41 percent;
``(D) fiscal year 2008, 45 percent; and
``(E) fiscal year 2009, and each subsequent fiscal
year, 50 percent.''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on October 1, 2004, and shall apply with
respect to educational assistance allowances under section
16131(b) of such title paid for months after September 2004.
(b) Expansion of Eligibility Requirements for Members of the
Selected Reserve Having Served on Active Duty for a Period of 24 Non-
Consecutive Months Under Chapter 30 of Title 38, United States Code.--
(1) Credit for 24 months of active duty service over a
period of 5 years.--Subsection 3012(a) of title 38, United
States Code, is amended in paragraphs (1)(A)(i), (1)(B)(i), and
(1)(C)(iii)(I) by striking ``two years of continuous active
duty'' each place it appears and inserting ``a cumulative
period of 24 months during any 5-year period''.
(2) Conforming amendment.--Subsection (b) of section 3012
of such title is amended in paragraph (1) by striking ``during
such two years'' and inserting ``at any time during such 5-year
period''.
(3) Effective date.--The amendments made by this subsection
shall apply on or after October 1, 2005.
SEC. 8. REDUCTION IN AGE FOR RECEIPT OF MILITARY RETIRED PAY FOR
NONREGULAR 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 uniformed 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 substituting for the reference to being 60 years of
age a reference 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 PERSONNEL AND READINESS
(RESERVE AFFAIRS).
(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:
``Sec. 136b. Deputy Under Secretary of Defense for Personnel 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 Personnel 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 sections 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
(Reserve Affairs).''.
(b) Executive Level IV.--Section 5315 of title 5, United States
Code, is amended by inserting after ``Deputy Under Secretary of Defense
for Personnel and Readiness.'' the following:
``Deputy Under Secretary of Defense for Personnel and
Readiness (Reserve Affairs).''.
(c) Elimination of Position of Assistant Secretary of Defense for
Reserve Affairs.--
(1) Repeal of requirement for position.--Subsection (b) of
section 138 of title 10, United States Code, is amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraphs (3), (4), and (5),
as paragraphs (2), (3), and (4), respectively.
(2) Reduction in total number of assistant 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).
<all>
Introduced in House
Introduced in House
Referred to the Committee on Armed Services, and in addition to the Committees on Energy and Commerce, Education and the Workforce, Ways and Means, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committees on Energy and Commerce, Education and the Workforce, Ways and Means, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committees on Energy and Commerce, Education and the Workforce, Ways and Means, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committees on Energy and Commerce, Education and the Workforce, Ways and Means, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committees on Energy and Commerce, Education and the Workforce, Ways and Means, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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Referred to the Committee on Armed Services, and in addition to the Committees on Energy and Commerce, Education and the Workforce, Ways and Means, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Benefits.
Referred to the Subcommittee on Health, for a period to be subsequently determined by the Chairman.