S.Amdt. 1253Senate112th Congress (2011-2013)

To provide for the retention of members of the reserve components on active duty for a period of 45 days following an extended deployment in contingency operations or homeland defense missions to support their reintegration into civilian life.

What it does: Adds SEC. 515. TEMPORARY RETENTION ON ACTIVE DUTY AFTER at the end of subtitle B of title V
Sponsored by Ron WydenSen. Ron Wyden (D-OR)
Submitted November 18, 2011

What it changes

1 change to S. 1867 · shown in the bill's text

Adds a section
  1. Adds SEC. 515. TEMPORARY RETENTION ON ACTIVE DUTY AFTER at the end of subtitle B of title V

    Adds a section

    In S. 1867 · Placed on Calendar Senate

    (c) Report.--Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the study required by subsection (a). The report shall set forth the results of the study, including the matters specified in subsection (b), and include such comments and recommendations on the results of the study as the Secretary considers appropriate.

    Inserted: SEC. 515. TEMPORARY RETENTION ON ACTIVE DUTY AFTER

    Inserted: DEMOBILIZATION OF RESERVES FOLLOWING EXTENDED DEPLOYMENTS

    Inserted: IN CONTINGENCY OPERATIONS OR HOMELAND DEFENSE MISSIONS.

    Inserted: (a) In General.--Chapter 1209 of title 10, United States Code, is amended by adding at the end the following new section:

    Inserted: "Sec. 12323. Reserves: temporary retention on active duty after demobilization following extended deployments in contingency operations or homeland defense missions

    Inserted: "(a) In General.--Subject to subsection (d), a member of a reserve component of the armed forces described in subsection (b) shall be retained on active duty in the armed forces for a period of 45 days following the conclusion of the member's demobilization from a deployment as described in that subsection, and shall be authorized the use of any accrued leave.

    Inserted: "(b) Covered Members.--A member of a reserve component of the armed forces described in this subsection is any member of a reserve component of the armed forces who was deployed for more than 269 days under the following:

    Inserted: "(1) A contingency operation.

    Inserted: "(2) A homeland defense mission (as specified by the Secretary of Defense for purposes of this section).

    Inserted: "(c) Pay and Allowances.--Notwithstanding any other provision of law, while a member is retained on active duty under subsection (a), the member shall receive--

    Inserted: "(1) the basic pay payable to a member of the armed forces under section 204 of title 37 in the same pay grade as the member;

    Inserted: "(2) the basic allowance for subsistence payable under section 402 of title 37; and

    Show 17 more inserted paragraphs

    Inserted: "(3) the basic allowance for housing payable under section 403 of title 37 for a member in the same pay grade, geographic location, and number of dependents as the member.

    Inserted: "(d) Early Release From Active Duty.--(1) Subject to paragraph (2), at the written request of a member retained on active duty under subsection (a), the member shall be released from active duty not later than the end of the 14-day period commencing on the date the request was received. If such 14-day period would end after the end of the 45-day period specified in subsection (a), the member shall be released from active duty not later than the end of such 45-day period.

    Inserted: "(2) The request of a member for early release from active duty under paragraph (1) may be denied only for medical or personal safety reasons. The denial of the request shall require the affirmative action of an officer in a grade above O-5 who is in the chain of command of the member. If the request is not denied before the end of the 14-day period applicable under paragraph (1), the request shall be deemed to be approved, and the member shall be released from active duty as requested.

    Inserted: "(e) Treatment of Active Duty Under Policy on Limitation of Period of Mobilization.--The active duty of a member under this section shall not be included in the period of mobilization of units or individuals under section 12302 of this title under any policy of the Department of Defense limiting the period of mobilization of units or individuals to a specified period, including the policy to limit such period of mobilization to 12 months as described in the memorandum of the Under Secretary of Defense for Personnel and Readiness entitled 'Revised Mobilization/Demobilization Personnel and Pay Policy for Reserve Component Members Ordered to Active Duty in Response to the World Trade Center and Pentagon Attacks-Section 1,' effective January 19, 2007.

    Inserted: "(f) Reintegration Counseling and Services.--(1) The Secretary of the military department concerned may provide each member retained on active duty under subsection (a), while the member is so retained on active duty, counseling and services to assist the member in reintegrating into civilian life.

    Inserted: "(2) The counseling and services provided members under this subsection may include the following:

    Inserted: "(A) Physical and mental health evaluations.

    Inserted: "(B) Employment counseling and assistance.

    Inserted: "(C) Marriage and family counseling and assistance.

    Inserted: "(D) Financial management counseling.

    Inserted: "(E) Education counseling.

    Inserted: "(F) Counseling and assistance on benefits available to the member through the Department of Defense and the Department of Veterans Affairs.

    Inserted: "(3) The Secretary of the military department concerned shall provide, to the extent practicable, for the participation of appropriate family members of members retained on active duty under subsection (a) in the counseling and services provided such members under this subsection.

    Inserted: "(4) The counseling and services provided to members under this subsection shall, to the extent practicable, be provided at National Guard armories and similar facilities close the residences of such members.

    Inserted: "(5) Counseling and services provided a member under this subsection shall, to the extent practicable, be provided in coordination with the Yellow Ribbon Reintegration Program of the State concerned under section 582 of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 10101 note).".

    Inserted: (b) Clerical Amendment.--The table of sections at the beginning of chapter 1209 of such title is amended by adding at the end the following new item:

    Inserted: "12323. Reserves: temporary retention on active duty after demobilization following extended deployments in contingency operations or homeland defense missions.".

    Original wording

    At the end of subtitle B of title V, add the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed

SA 1253. Mr. WYDEN submitted an amendment intended to be proposed by him to the bill S. 1867, to authorize appropriations for fiscal year 2012 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; as follows:

At the end of subtitle B of title V, add the following:

SEC. 515. TEMPORARY RETENTION ON ACTIVE DUTY AFTER

DEMOBILIZATION OF RESERVES FOLLOWING EXTENDED DEPLOYMENTS

IN CONTINGENCY OPERATIONS OR HOMELAND DEFENSE MISSIONS.

(a) In General.--Chapter 1209 of title 10, United States Code, is amended by adding at the end the following new section:

“Sec. 12323. Reserves: temporary retention on active duty

after demobilization following extended deployments in

contingency operations or homeland defense missions

“(a) In General.--Subject to subsection (d), a member of a reserve component of the armed forces described in subsection (b) shall be retained on active duty in the armed forces for a period of 45 days following the conclusion of the member's demobilization from a deployment as described in that subsection, and shall be authorized the use of any accrued leave.

“(b) Covered Members.--A member of a reserve component of the armed forces described in this subsection is any member of a reserve component of the armed forces who was deployed for more than 269 days under the following:

“(1) A contingency operation.

“(2) A homeland defense mission (as specified by the Secretary of Defense for purposes of this section).

“(c) Pay and Allowances.--Notwithstanding any other provision of law, while a member is retained on active duty under subsection (a), the member shall receive--

“(1) the basic pay payable to a member of the armed forces under section 204 of title 37 in the same pay grade as the member;

“(2) the basic allowance for subsistence payable under section 402 of title 37; and

“(3) the basic allowance for housing payable under section 403 of title 37 for a member in the same pay grade, geographic location, and number of dependents as the member.

“(d) Early Release From Active Duty.--(1) Subject to paragraph (2), at the written request of a member retained on active duty under subsection (a), the member shall be released from active duty not later than the end of the 14-day period commencing on the date the request was received. If such 14-day period would end after the end of the 45-day period specified in subsection (a), the member shall be released from active duty not later than the end of such 45-day period.

“(2) The request of a member for early release from active duty under paragraph (1) may be denied only for medical or personal safety reasons. The denial of the request shall require the affirmative action of an officer in a grade above O-5 who is in the chain of command of the member. If the request is not denied before the end of the 14-day period applicable under paragraph (1), the request shall be deemed to be approved, and the member shall be released from active duty as requested.

“(e) Treatment of Active Duty Under Policy on Limitation of Period of Mobilization.--The active duty of a member under this section shall not be included in the period of mobilization of units or individuals under section 12302 of this title under any policy of the Department of Defense limiting the period of mobilization of units or individuals to a specified period, including the policy to limit such period of mobilization to 12 months as described in the memorandum of the Under Secretary of Defense for Personnel and Readiness entitled ‘Revised Mobilization/Demobilization Personnel and Pay Policy for Reserve Component Members Ordered to Active Duty in Response to the World Trade Center and Pentagon Attacks-Section 1,' effective January 19, 2007.

“(f) Reintegration Counseling and Services.--(1) The Secretary of the military department concerned may provide each member retained on active duty under subsection (a), while the member is so retained on active duty, counseling and services to assist the member in reintegrating into civilian life.

“(2) The counseling and services provided members under this subsection may include the following:

“(A) Physical and mental health evaluations.

“(B) Employment counseling and assistance.

“(C) Marriage and family counseling and assistance.

“(D) Financial management counseling.

“(E) Education counseling.

“(F) Counseling and assistance on benefits available to the member through the Department of Defense and the Department of Veterans Affairs.

“(3) The Secretary of the military department concerned shall provide, to the extent practicable, for the participation of appropriate family members of members retained on active duty under subsection (a) in the counseling and services provided such members under this subsection.

“(4) The counseling and services provided to members under this subsection shall, to the extent practicable, be provided at National Guard armories and similar facilities close the residences of such members.

“(5) Counseling and services provided a member under this subsection shall, to the extent practicable, be provided in coordination with the Yellow Ribbon Reintegration Program of the State concerned under section 582 of the National Defense Authorization Act for Fiscal Year 2008 (10 U.S.C. 10101 note).”.

(b) Clerical Amendment.--The table of sections at the beginning of chapter 1209 of such title is amended by adding at the end the following new item:

“12323. Reserves: temporary retention on active duty after demobilization following extended deployments in contingency operations or homeland defense missions.”.

Legislative Activity

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8 earlier actions
Floor Latest Action

Considered by Senate. (consideration: CR S8095)

December 1, 2011

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Floor

Considered by Senate. (consideration: CR S8095)

December 1, 2011

Floor

Point of order that the amendment violates Rule XXII raised in Senate with respect to amendment SA 1253.

December 1, 2011

Floor

Amendment SA 1253 ruled non-germane by the chair.

December 1, 2011

Floor

Considered by Senate. (consideration: CR S8013)

November 30, 2011

Floor

Considered by Senate. (consideration: CR S7944)

November 29, 2011

Floor

Considered by Senate. (consideration: CR S7885)

November 28, 2011

Floor

Senate amendment submitted

November 18, 2011

Floor

Senate amendment proposed (on the floor): Amendment SA 1253 proposed by Senator Wyden.(consideration: CR S7801-7804; text: CR S7801-7802)

November 18, 2011

Floor

Amendment SA 1253 proposed by Senator Wyden. (consideration: CR S7801-7804; text: CR S7801-7802) To provide for the retention of members of the reserve components on active duty for a period of 45 days following an extended deployment in contingency operations or homeland defense missions to support their reintegration into civilian life.

November 18, 2011