H.R. 1565 — National Guard and Reserve Bill of Rights Act of 2005

[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1565 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1565

  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

                             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 Washington, Mr. Stupak, Mr. 
Lantos, Mr. Ruppersberger, Mr. Brown of Ohio, Mr. Pastor, Mr. Larsen of 
  Washington, Mrs. Capps, Mr. Oberstar, Mr. Jackson of Illinois, Mr. 
 Chandler, Mrs. Jones of Ohio, and Mr. Case) 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 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 periods of active duty service over a 
                            period of 5 years to qualify for 
                            educational assistance for reserve 
                            component members supporting 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 
                            (Reserve Affairs).
Sec. 10. Support for State National Guard reintegration offices.

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) 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 
        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.
            (2) 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.
            (3) Content.--The report under this paragraph shall contain 
        a discussion of the matters described 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 Operation 
                Iraqi Freedom with Department of Defense deployment 
                policies that applied to previous contingency 
                operations.
                    (D) The timeliness of the process for notifying 
                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 components for 
                families of activated Reserves.
                    (G) 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.
            (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 actions 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 Recommendations.--The Secretary 
of the Army shall designate a senior level official of the Department 
of the Army to implement the recommendations for executive action 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 Experienced Significant 
Pay Problems'', dated August 2004, which have not been implemented by 
the date of the enactment 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 (Comptroller) regarding performance of the duties 
that the official is designated to carry out under such subsection.
    (c) Termination.--The designation under subsection (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 contained 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 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 in which 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 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 inserting ``shall prescribe''.
    (b) 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. EXPANSION OF ELIGIBILITY REQUIREMENTS TO PERMIT THE AGGREGATION 
              OF PERIODS OF ACTIVE DUTY SERVICE OVER A PERIOD OF 5 
              YEARS TO QUALIFY FOR EDUCATIONAL ASSISTANCE FOR RESERVE 
              COMPONENT MEMBERS SUPPORTING CONTINGENCY OPERATIONS AND 
              CERTAIN OTHER OPERATIONS.

    (a) Elimination of Requirement for Consecutive 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 continuous 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 continuous years 
        or more.'' and inserting ``for a cumulative 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 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 by 
        striking paragraph (2).
            (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).

SEC. 10. SUPPORT FOR STATE NATIONAL GUARD REINTEGRATION OFFICES.

    Section 107 of title 32, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d) Under such regulations as the Secretary of Defense may 
prescribe, appropriations for the National Guard are available for 
support by the Department of Defense 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 readjusting to civilian life.''.
                                 <all>
National Guard and Reserve Bill of Rights Act of 2005

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