ACCOUNTING AND MANAGEMENT OF RESERVE COMPONENT PERSONNEL PERFORMING ACTIVE DUTY OR FULL-TIME NATIONAL GUARD DUTY FOR OPERATIONAL SUPPORT.

SEC. 416. ACCOUNTING AND MANAGEMENT OF RESERVE COMPONENT PERSONNEL PERFORMING ACTIVE DUTY OR FULL-TIME NATIONAL GUARD DUTY FOR OPERATIONAL SUPPORT.(a) Strength Authorizations.—Section 115 of title 10, United States Code, is amended—(1) in subsection (a)(1)(A), by inserting “unless on active duty pursuant to subsection (b)” after “active-duty personnel”;(2) in subsection (a)(1)(B), by inserting “unless on active duty or full-time National Guard duty pursuant to subsection (b)” after “reserve personnel”;(3) by redesignating subsections (b), (c), (d), (e), (f), (g) and (h) as subsections (c), (d), (e), (f), (g), (h) and (i), respectively; and(4) by inserting after subsection (a) the following new subsection (b):“(b) Certain Reserves on Active Duty To Be Authorized by Law.—(1) Congress shall annually authorize the maximum number of members of a reserve component permitted to be on active duty or full-time National Guard duty at any given time who are called or ordered to—“(A) active duty under section 12301(d) of this title for the purpose of providing operational support, as prescribed in regulation issued by the Secretary of Defense;“(B) full-time National Guard duty under section 502(f)(2) of title 32 for the purpose of providing operational support when authorized by the Secretary of Defense;“(C) active duty under section 12301(d) of this title or full-time National Guard duty under section 502(f)(2) of title 32 for the purpose of preparing for and performing funeral honors functions for funerals of veterans under section 1491 of this title;“(D) active duty or retained on active duty under sections 12301(g) of this title while in a captive status; or“(E) active duty or retained on active duty under 12301(h) or 12322 of this title for the purpose of medical evaluation or treatment.“(2) A member of a reserve component who exceeds either of the following limits shall be included in the strength authorized under subparagraph (A) or subparagraph (B), as appropriate, of subsection (a)(1):“(A) A call or order to active duty or full-time National Guard duty that specifies a period greater than three years.“(B) The cumulative periods of active duty and full-time National Guard duty performed by the member exceed 1095 days in the previous 1460 days.“(3) In determining the period of active service under paragraph (2), the following periods of active service performed by a member shall not be included:“(A) All periods of active duty performed by a member who has not previously served in the Selected Reserve of the Ready Reserve.“(B) All periods of active duty or full-time National Guard duty for which the member is exempt from strength accounting under paragraphs (1) through (8) of subsection (i).”.118 STAT. 1867(b) Limitation on Appropriations.—Subsection (c) of such section (as redesignated by subsection (a)(3)) is amended—(1) by striking “or” at the end of paragraph (1);(2) by striking the period at the end of paragraph (2) and inserting “; or”; and (3) by inserting after paragraph (2) the following new paragraph:“(3) the use of reserve component personnel to perform active duty or full-time National Guard duty under subsection (b) unless the strength for such personnel for that reserve component for that fiscal year has been authorized by law.”.(c) Authority for Secretary of Defense Variances in Maximum Strengths.—Subsection (f) of such section (as redesignated by subsection (a)(3)) is amended—(1) by striking “End” in the heading;(2) by striking “and” at the end of paragraph (2);(3) by striking the period at the end of paragraph (3) and inserting “; and”; and(4) by adding at the end the following new paragraph:“(4) increase the maximum strength authorized pursuant to subsection (b)(1) for a fiscal year for certain reserves on active duty for any of the reserve components by a number equal to not more than 10 percent of that strength.”. (d) Conforming Amendments to Section 115.—Such section is further amended as follows:(1) Subsection (e) (as redesignated by subsection (a)(3)) is amended—(A) in paragraph (1), by striking “subsection (a) or (c)” and inserting “subsection (a) or (d)”; and(B) in paragraph (2)—(i) by striking “subsections (a) and (c)”; and inserting “subsections (a) and (d)”; and(ii) by striking “pursuant to subsection (e)) and subsection (c)” and inserting “pursuant to subsection (f)) and subsection (d)” each place it appears.(2) Subsection (g) (as redesignated by subsection (a)(3)) is amended by striking “subsection (e)(1)” in paragraph (2) and inserting “subsection (f)(1)”.(3) Subsection (i) (as redesignated by subsection (a)(3)) is amended to read as follows:“(i) Certain Personnel Excluded From Counting for Active-Duty End Strengths.—In counting personnel for the purpose of the end strengths authorized pursuant to subsection (a)(1), persons in the following categories shall be excluded:“(1) Members of a reserve component ordered to active duty under section 12301(a) of this title.“(2) Members of a reserve component in an active status ordered to active duty under section 12301(b) of this title.“(3) Members of the Ready Reserve ordered to active duty under section 12302 of this title.“(4) Members of the Selected Reserve of the Ready Reserve or members of the Individual Ready Reserve mobilization category described in section 10144(b) of this title ordered to active duty under section 12304 of this title.“(5) Members of the National Guard called into Federal service under section 12406 of this title.118 STAT. 1868“(6) Members of the militia called into Federal service under chapter 15 of this title.“(7) Members of the National Guard on full-time National Guard duty under section 502(f)(1) of title 32.“(8) Members of reserve components on active duty for training or full-time National Guard duty for training.“(9) Members of the Selected Reserve of the Ready Reserve on active duty to support programs described in section 1203(b) of the Cooperative Threat Reduction Act of 1993 (22 U.S.C. 5952(b)).“(10) Members of the National Guard on active duty or full-time National Guard duty for the purpose of carrying out drug interdiction and counter-drug activities under section 112 of title 32.“(11) Members of a reserve component on active duty under section 10(b)(2) of the Military Selective Service Act (50 U.S.C. App. 460(b)(2)) for the administration of the Selective Service System.“(12) Members of the National Guard on full-time National Guard duty for the purpose of providing command, administrative, training, or support services for the National Guard Challenge Program authorized by section 509 of title 32.”.(e) Military to Military Contact Strength Accounting.—Subsection (f) of section 168 of such title is amended to read as follows:“(f) Active Duty End Strengths.—A member of a reserve component who is engaged in activities authorized under this section shall not be counted for purposes of the following personnel strength limitations: “(1) The end strength for active-duty personnel authorized pursuant to section 115(a)(1) of this title for the fiscal year in which the member carries out the activities referred to under this section.“(2) The authorized daily average for members in pay grades E–8 and E–9 under section 517 of this title for the calendar year in which the member carries out such activities.“(3) The authorized strengths for commissioned officers under section 523 of this title for the fiscal year in which the member carries out such activities.”.(f) E–8 and E–9 Strength Accounting.—Subsection (a) of section 517 of such title is amended by striking “(other than for training) in connection with organizing, administering, recruiting, instructing, or training the reserve component of an armed force.” and inserting “as authorized under section 115(a)(1)(B) or 115(b) of this title, or excluded from counting for active duty end strengths under section 115(i) of this title.”.(g) Field Grade Officer Strength Accounting.—(1) Paragraph (1) of section 523(b) of such title is amended to read as follows:(1) Reserve officers—“(A) on active duty as authorized under section 115(a)(1)(B) or 115(b)(1) of this title, or excluded from counting for active duty end strengths under section 115(i) of this title;“(B) on active duty under section 10211, 10302 through 10305, or 12402 of this title or under section 708 of title 32; or118 STAT. 1869“(C) on full-time National Guard duty.”.(2) Paragraph (7) of such section is amended by striking “Reserve or retired officers” and inserting “Retired officers”.(h) Active Guard and Reserve Field Grade Officer Strength Accounting.—Paragraph (2) of section 12011(e) of such title is amended to read as follows:“(2) Full-time National Guard duty (other than for training) under section 502(f) of title 32, except for duty under section 115(b)(1)(B) and (C) of this title and section 115(i)(9) of this title.”.(i) Warrant Officer Active-Duty List Exclusion.—Paragraph (1) of section 582 of such title is amended to read as follows:“(1) Reserve warrant officers—“(A) on active duty as authorized under section 115(a)(1)(B) or 115(b)(1) of this title, or excluded from counting for active duty end strengths under section 115(i) of this title; or“(B) on full-time National Guard duty.”.(j) Officer Active-Duty List, Applicability of Chapter.—Paragraph (1) of section 641 of such title is amended to read as follows: “(1) Reserve officers—“(A) on active duty authorized under section 115(a)(1)(B) or 115(b)(1) of this title, or excluded from counting for active duty end strengths under section 115(i) of this title;“(B) on active duty under section 3038, 5143, 5144, 8038, 10211, 10301 through 10305, 10502, 10505, 10506(a), 10506(b), 10507, or 12402 of this title or section 708 of title 32; or“(C) on full-time National Guard duty.”.(k) Strength Accounting for Members Performing Drug Interdiction and Counter-Drug Activities.—Section 112 of title 32, United States Code, is amended—(1) by striking subsection (e); (2) by redesignating subsections (f), (g), (h) and (i) as subsections (e), (f), (g) and (h) respectively; and(3) in paragraph (1) of subsection (e), as redesignated by paragraph (2), by striking “for a period of more than 180 days” each place it appears.(l) Report.—Not later than June 1, 2005, the Secretary of Defense shall report to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives the Secretary’s recommendations regarding the exemptions provided in paragraphs (8) through (11) by section 115(i) of title 10, United States Code, as amended by this section. The recommendations shall address the manner in personnel covered by those exemptions shall be accounted for in authorizations provided by section 115 of such title. The objective of the analysis should be to terminate the need for such exemptions after September 30, 2006.(m) Regulations.—The Secretary of Defense shall prescribe by regulation the meaning of the term “operational support” for purposes of paragraph (1) of subsection (b) of section 115 of title 10, United States Code, as added by subsection (a).118 STAT. 1870