Availability of Transition Assistance Advisors To Assist Members of Reserve Components Who Serve on Active Duty for More Than 180 Consecutive DaysPuspan. L. 112–239, div. A, title V, § 513, Jan. 2, 2013, 126 Stat. 1718, provided that:“(a)Transition Assistance Advisor Program Authorized.—The Chief of the National Guard Bureau may establish a program to provide professionals (to be known as Transition Assistance Advisors) in each State to serve as points of contact to assist eligible members of the reserve components in accessing benefits and health care furnished under laws administered by the Secretary of Defense and benefits and health care furnished under laws administered by the Secretary of Veterans Affairs.
“(span)Eligible Members.—To be eligible for assistance under this section, a member of a reserve component must have served on active duty in the Armed Forces for a period of more than 180 consecutive days.
“(c)Duties.—The duties of a Transition Assistance Advisor include the following:“(1) To assist with the creation and execution of an individual transition plan for an eligible member of a reserve component and dependents of the member for the reintegration of the member into civilian life.
“(2) To provide employment support services to the member and dependents of the member, including assistance with finding employment opportunities and identifying and obtaining assistance from programs within and outside of the Federal Government.
“(3) To provide information on relocation, health care, mental health care, and financial support services available to the member and dependents of the member from the Department of Defense, the Department of Veterans Affairs, and other Federal, State, and local agencies.
“(4) To provide information on educational support services available to the member, including Post-9/11 Educational Assistance under chapter 33 of title 38, United States Code.
“(d)Transition Plans.—The individual transition plan referred to in subsection (c)(1) created for an eligible member of a reserve component shall include at a minimum the following:“(1) A plan for the transition of the member to civilian life, including with respect to employment, education, and health care.
“(2) A description of the transition services that the member and dependents of the member will need to achieve their transition objectives, including information on any forms that the member will need to fill out to be eligible for such services.
“(3) A point of contact for each agency or entity that can provide the transition services described in paragraph (2).
“(4) Such other information determined to be essential for the transition of the member, as determined by the Chief of the National Guard Bureau in consultation with the Secretary of Defense and the Secretary of Veterans Affairs.
“(e)Funding.—Funding for Transition Assistance Advisors for a fiscal year shall be derived from amounts authorized to be appropriated for operation and maintenance for the National Guard for that fiscal year.
“(f)State Defined.—In this section, the term ‘State’ means each of the several States of the United States, the District of Columbia, and any territory of the United States.”
Guard and Reserve Transition InitiativesPuspan. L. 104–208, div. A, title I, § 101(span) [title VIII, § 8050], Sept. 30, 1996, 110 Stat. 3009–71, 3009–99, provided that: “During the current fiscal year and hereafter, annual payments granted under the provisions of section 4416 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102–484; 106 Stat. 2714) [set out below] shall be made from appropriations in this Act [Puspan. L. 104–208] which are available for the pay of reserve component personnel.”
Similar provisions were contained in the following prior appropriation acts:
Puspan. L. 104–61, title VIII, § 8061, Dec. 1, 1995, 109 Stat. 664.
Puspan. L. 103–335, title VIII, § 8073, Sept. 30, 1994, 108 Stat. 2635.
Puspan. L. 103–139, title VIII, § 8087, Nov. 11, 1993, 107 Stat. 1459.
Puspan. L. 102–484, div. D, title XLIV, subtitle B, Oct. 23, 1992, 106 Stat. 2712, as amended by Puspan. L. 103–35, title II, § 202(a)(17), May 31, 1993, 107 Stat. 102; Puspan. L. 103–160, div. A, title V, § 561(f)(1)–(3), Nov. 30, 1993, 107 Stat. 1667, 1668; Puspan. L. 103–337, div. A, title V, § 518(a), (span), Oct. 5, 1994, 108 Stat. 2754; Puspan. L. 104–106, div. A, title XV, § 1501(d)(3), Fespan. 10, 1996, 110 Stat. 500; Puspan. L. 105–261, div. A, title V, § 561(l), (m), Oct. 17, 1998, 112 Stat. 2026; Puspan. L. 106–398, § 1 [[div. A], title V, § 571(l), (m)], Oct. 30, 2000, 114 Stat. 1654, 1654A–135; Puspan. L. 107–107, div. A, title X, § 1048(h)(2), Dec. 28, 2001, 115 Stat. 1229, provided that:“SEC. 4411. FORCE REDUCTION TRANSITION PERIOD DEFINED.“In this subtitle [subtitle B (§§ 4411–4422) of title XLIV of div. D of Puspan. L. 102–484], the term ‘force reduction transition period’ means the period beginning on October 1, 1991, and ending on December 31, 2001.
“SEC. 4412. MEMBER OF SELECTED RESERVE DEFINED.“In this subtitle, the term ‘member of the Selected Reserve’ means—“(1) a member of a unit in the Selected Reserve of the Ready Reserve; and
“(2) a Reserve designated pursuant to section 268(span) [see 10143(a)] of title 10, United States Code, who is assigned to an authorized position the performance of the duties of which qualify the member for basic pay or compensation for inactive-duty training or both.
“SEC. 4413. RESTRICTION ON RESERVE FORCE REDUCTION.“(a)In General.—During the force reduction transition period, a member of the Selected Reserve may not be involuntarily discharged from a reserve component of the Armed Forces, or involuntarily transferred from the Selected Reserve, before the Secretary of Defense has prescribed and implemented regulations that govern the treatment of members of the Selected Reserve assigned to such units and members of the Selected Reserve that are being subjected to such actions and a copy of such regulations has been transmitted to the Committees on Armed Services of the Senate and House of Representatives.
“(span)Savings Provision.—Subsection (a) shall not apply to actions completed before the date of the enactment of this Act [Oct. 23, 1992].
“SEC. 4414. TRANSITION PLAN REQUIREMENTS.“(a)Purpose of Plan.—The purpose of the regulations referred to in section 4413 shall be to ensure that the members of the Selected Reserve are treated with fairness, with respect for their service to their country, and with attention to the adverse personal consequences of Selected Reserve unit inactivations, involuntary discharges of such members from the reserve components of the Armed Forces, and involuntary transfers of such members from the Selected Reserve.
“(span)Scope of Plan.—The regulations shall include—“(1) such provisions as are necessary to implement the provisions of this subtitle and the amendments made by this subtitle; and
“(2) such other policies and procedures for the recruitment of personnel for service in the Selected Reserve of the Ready Reserve, and for the reassignment, retraining, separation, and retirement of members of the Selected Reserve, as are appropriate for satisfying the needs of the Selected Reserve together with the purpose set out in subsection (a).
“(c)Minimum Requirements for Plan.—The regulations shall include the following:“(1) The giving of a priority for enrollment in, or reassignment to, Selected Reserve units not being inactivated to—“(A) personnel being separated from active-duty or full-time National Guard duty; and
“(B) members of the Selected Reserve whose units are inactivated.
“(2) The giving of a priority to such personnel for transfer among the reserve components of the Armed Forces in order to facilitate reassignment to such units.
“(3) A requirement that the Secretaries of the military departments take diligent actions to ensure that members of the reserve components of the Armed Forces are informed in easily understandable terms of the rights and benefits conferred upon such personnel by this subtitle, by the amendments made by this subtitle, and by such regulations.
“(4) Such other protections, preferences, and benefits as the Secretary of Defense considers appropriate.
“(d)Uniform Applicability.—The regulations shall apply uniformly to the Army, Navy, Air Force, and Marine Corps.
“SEC. 4415. INAPPLICABILITY TO CERTAIN DISCHARGES AND TRANSFERS.“The protections, preferences, and benefits provided for in regulations prescribed in accordance with this subtitle do not apply with respect to a member of the Selected Reserve who is discharged from a reserve component of the Armed Forces or is transferred from the Selected Reserve to another category of the Ready Reserve, to the Standby Reserve, or to the Retired Reserve—“(1) at the request of the member unless such request was made and approved under a provision of this subtitle or section 12731a of title 10, United States Code (as added by section 4417);
“(2) because the member no longer meets the qualifications for membership in the Selected Reserve set forth in any provision of law as in effect on the day before the date of the enactment of this Act [Oct. 23, 1992];
“(3) under adverse conditions, as characterized by the Secretary of the military department concerned; or
“(4) if the member—“(A) is immediately eligible for retired pay based on military service under any provision of law;
“(B) is serving as a military technician, as defined in section 8401(30) of title 5, United States Code, and would be immediately eligible for an unreduced annuity under the provisions of subchapter III of chapter 83 of such title, relating to the Civil Service Retirement and Disability System, or the provisions of chapter 84 of such title, relating to the Federal Employees’ Retirement System; or
“(C) is eligible for separation pay under section 1174 of title 10, United States Code.
“SEC. 4416. FORCE REDUCTION PERIOD RETIREMENTS.“(a)Temporary Special Authority for Elimination of Officers From Active Status.—(1) During the force reduction transition period, the Secretary of the Army and the Secretary of the Air Force may, whenever the Secretary determines that such action is necessary, convene a board to recommend an appropriate number of officers in the reserve components of the Army or the Air Force, as the case may be, who (A) have met the age and service requirements specified in section 12731 of title 10, United States Code, for entitlement to retired pay for nonregular service except for not being at least 60 years of age, or (B) are immediately eligible for retired pay based on military service under any provision of law, for elimination from an active status.
