Text: H.R.4045 — 112th Congress (2011-2012)All Bill Information (Except Text)

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Public Law No: 112-120 (05/25/2012)




[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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