[112th Congress Public Law 120]
[From the U.S. Government Printing Office]
[[Page 126 STAT. 343]]
Public Law 112-120
112th Congress
An Act
To modify the Department of Defense Program Guidance relating to the
award of Post-Deployment/Mobilization Respite Absence administrative
absence days to members of the reserve components to exempt any member
whose qualified mobilization commenced before October 1, 2011, and
continued on or after that date, from the changes to the program
guidance that took effect on that date. <<NOTE: May 25, 2012 - [H.R.
4045]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. TREATMENT OF PROGRAM GUIDANCE RELATING TO THE AWARD OF
POST-DEPLOYMENT/MOBILIZATION RESPITE
ABSENCE ADMINISTRATIVE ABSENCE DAYS
TO MEMBERS AND FORMER MEMBERS OF THE
RESERVE COMPONENTS UNDER DOD
INSTRUCTION 1327.06.
(a) Discretion of the Secretary of Defense.--The Secretary of
Defense may determine that the changes made by the Secretary to the
Program Guidance relating to the award of Post-Deployment/Mobilization
Respite Absence program administrative absence days or other benefits
described in subsection (b) to members and former members of the reserve
components under DOD Instruction 1327.06 effective as of October 1,
2011, shall not apply to a member of a reserve component, or former
member of a reserve component, whose qualified mobilization (as
described in such program guidance) commenced before October 1, 2011,
and continued on or after that date until the date the mobilization is
terminated.
(b) Authorized Benefits.--Under regulations prescribed by the
Secretary of Defense, the Secretary concerned may provide a member or
former member of the Armed Forces described in subsection (a) with one
of the following benefits:
(1) In the case of an individual who is a former member of
the Armed Forces at the time of the provision of benefits under
this section, payment of an amount not to exceed $200 for each
day the individual would have qualified for a day of
administrative absence had the changes made to the Program
Guidance described in subsection (a) not applied to the
individual, as authorized by such subsection.
(2) In the case of a member of the Armed Forces on active
duty at the time of the provision of benefits under this
section, either one day of administrative absence or payment of
an amount not to exceed $200, as selected by the member, for
each day the member would have qualified for a day of
administrative absence had the changes made to the Program
Guidance described in subsection (a) not applied to the member,
as authorized by such subsection.
[[Page 126 STAT. 344]]
(3) In the case of a member of the Armed Forces serving in
the Selected Reserve, Inactive National Guard, or Individual
Ready Reserve at the time of the provision of benefits under
this section, either one day of administrative absence to be
retained for future use or payment of an amount not to exceed
$200, as selected by the member, for each day the member would
have qualified for a day of administrative absence had the
changes made to the Program Guidance described in subsection (a)
not applied to the member, as authorized by such subsection.
(c) Exclusion of Certain Former Members.--An individual who is a
former member of the Armed Forces is not eligible under this section for
the benefits specified in subsection (b)(1) if the individual was
discharged or released from the Armed Forces under other than honorable
conditions.
(d) Form of Payment.--The payments authorized by subsection (b) may
be paid in a lump sum or installments, at the election of the Secretary
concerned.
(e) Relation to Other Pay and Leave.--The benefits provided to a
member or former member of the Armed Forces under this section are in
addition to any other pay, absence, or leave provided by law.
(f) Definitions.--In this section:
(1) The term ``Post-Deployment/Mobilization Respite Absence
program'' means the program of the Secretary concerned to
provide days of administrative absence not chargeable against
available leave to certain deployed or mobilized members of the
Armed Forces in order to assist such members in reintegrating
into civilian life after deployment or mobilization.
(2) The term ``Secretary concerned'' has the meaning given
that term in section 101(5) of title 37, United States Code.
(g) Commencement and Duration of Authority.--
(1) Commencement.--The authority to provide days of
administrative absence under paragraphs (2) and (3) of
subsection (b) begins on the date of the enactment of this Act
and the authority to make cash payments under such subsection
begins, subject to subsection (h), on October 1, 2012.
(2) Expiration.--The authority to provide benefits under
this section expires on October 1, 2014.
(3) Effect of expiration.--The expiration date specified in
paragraph (2) shall not affect the use, after that date, of any
day of administrative absence provided to a member of the Armed
Forces under subsection (b) before that date or the payment,
after that date, of any payment selected by a member or former
member of the Armed Forces under such subsection before that
date.
(h) Cash Payments Subject to Availability of Appropriations.--No
cash payment may be made under subsection (b) unless the funds to be
used to make the payments are available pursuant to an appropriations
Act enacted after the date of enactment of this Act.
(i) Funding Offset.--The Secretary of Defense shall transfer
$4,000,000 from the unobligated balances of the Pentagon Reservation
Maintenance Revolving Fund established under section 2674(e)
[[Page 126 STAT. 345]]
of title 10, United States Code, to the Miscellaneous Receipts Fund of
the United States Treasury.
Approved May 25, 2012.
LEGISLATIVE HISTORY--H.R. 4045:
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CONGRESSIONAL RECORD, Vol. 158 (2012):
May 15, considered and passed House.
May 17, considered and passed Senate.
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