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Duty Status Reform Act
Introduced Jan 8, 2026 · Last action Jan 9, 2026 — Referred to the Subcommittee on Coast Guard and Maritime Transportation.
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Summary
This legislation is called the Duty Status Reform Act. Referred to the Subcommittee on Coast Guard and Maritime Transportation.
Full bill text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6976 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 6976
To amend laws relating to duty performed by members of the reserve
components of the Armed Forces, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 8, 2026
Mr. Cisneros (for himself, Mr. Bergman, Mr. Lieu, and Mr. Graves)
introduced the following bill; which was referred to the Committee on
Armed Services, and in addition to the Committees on Transportation and
Infrastructure, Oversight and Government Reform, Agriculture, Small
Business, Financial Services, the Judiciary, Education and Workforce,
Veterans' Affairs, Ways and Means, Homeland Security, and House
Administration, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend laws relating to duty performed by members of the reserve
components of the Armed Forces, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Duty Status Reform Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Consolidation of authorities to order reserve component members
to perform duty.
Sec. 4. Definition of contingency operation.
Sec. 5. Coast Guard Reserve.
Sec. 6. National Guard.
Sec. 7. Alignment of benefits.
Sec. 8. Alignment of survivor benefits.
Sec. 9. Alignment of National Guard benefits.
Sec. 10. Repeals.
Sec. 11. Conforming amendments.
Sec. 12. Conforming amendments related to the Space Force.
Sec. 13. Conforming amendments related to inactive duty.
Sec. 14. Transition provisions; statutory construction.
Sec. 15. Effective date.
SEC. 3. CONSOLIDATION OF AUTHORITIES TO ORDER RESERVE COMPONENT MEMBERS
TO PERFORM DUTY.
Chapter 1209 of title 10, United States Code, is amended to read as
follows:
``CHAPTER 1209--RESERVE DUTY AND ASSIGNMENTS
``Subchapter ............................................... Sec
``I. Administration of Reserve Duty......................... 12311
``II. Duty and Assignments: Authorities..................... 12341
``III. Duty and Assignments: Purposes....................... 12351
``SUBCHAPTER I--ADMINISTRATION OF RESERVE DUTY
``Sec. 12311. Authority of President to suspend certain laws relating
to promotion, retirement, and separation
``(a) In General.--Notwithstanding any other provision of law,
during any period a member of a reserve component is serving on active
duty pursuant to section 12341 of this title, the President may suspend
any provision of law relating to promotion, retirement, or separation
applicable to any member of the Armed Forces who the President
determines is essential to the national security of the United States.
``(b) Termination of Suspension.--A suspension made under
subsection (a) shall terminate on the earlier of--
``(1) the date of the release from active duty of a member
of a reserve component ordered to active duty under the
authority of section 12341 of this title; or
``(2) the date on which the President determines the
circumstances that required the action of ordering the member
to active duty no longer exist.
``(c) 90-Day Extension of Separation or Retirement Date.--Upon the
termination of a suspension made under subsection (a) of a provision of
law otherwise requiring the separation or retirement of an officer on
active duty because of age, length of service or length of service in
grade, or failure of selection for promotion, the Secretary concerned
shall extend by up to 90 days the otherwise required separation or
retirement date of the officer if the separation or retirement date,
but for the suspension, would have occurred before the date of the
termination of the suspension or within 90 days after the date of such
termination.
``Sec. 12312. Use during expansion of armed forces
``(a) Officers Not Assigned to a Unit.--When an expansion of the
active armed forces requires that an officer of a reserve component who
is not a member of a unit organized to serve as such be ordered as an
individual to active duty under section 12341 of this title without the
officer's consent, the services of qualified and available reserve
officers in all grades shall be used, so far as practicable, according
to the needs of the branches, grades, or specialties concerned.
``(b) Standby Reserve.--(1) A unit or member in the Standby Reserve
may be ordered to active duty only as provided in section 12341 of this
title, but subject to the limitations in paragraph (2).
``(2)(A) In time of war or national emergency declared by Congress,
or expansion of the force to meet national security requirements as
determined by Congress, a unit in the Standby Reserve organized to
serve as a unit, and a member of the Standby Reserve who is not
assigned to a unit, may be ordered to active duty under section 12341
of this title for a purpose described in section 12351(a)(1) of this
title, subject to the limitations in subparagraphs (B) and (C).
``(B) A unit in the Standby Reserve organized to serve as a unit,
and a member of the Standby Reserve who is a member of such a unit, may
be ordered to active duty under section 12341 of this title for a
purpose described in section 12351(a)(1) of this title only if the
Secretary concerned, with the approval of the Secretary of Defense in
the case of a Secretary of a military department, determines that there
are not enough of the required kinds of units in the Ready Reserve that
are readily available.
``(C) A member in the Standby Reserve who is not assigned to a unit
may, without the consent of the member, be ordered to active duty as an
individual under section 12341 of this title for a purpose described in
section 12351(a)(1) of this title only if the Secretary concerned, with
the approval of the Secretary of Defense in the case of a Secretary of
a military department, determines that there are not enough qualified
members in the Ready Reserve in the required category who are readily
available.
``(c) Retired Reserve.--(1) A member in the Retired Reserve, if
qualified, may, without the consent of the member, be ordered to active
duty under section 12341 of this title but only for a purpose described
in section 12351(a)(1) of this title.
``(2) A member of the Retired Reserve (other than a member
transferred to the Retired Reserve under section 12641(b)(2) of this
title) who is ordered to active duty or other appropriate duty in a
retired status may be credited under chapter 1223 of this title with
service performed pursuant to such order.
``(3) A member of the Retired Reserve shall not be eligible for
promotion (or for consideration for promotion) as a member of a reserve
component.
``Sec. 12313. Release from active duty
``(a) In General.--Except as otherwise provided in this title, an
authority designated by the Secretary concerned may at any time release
from active duty a member of a reserve component under the jurisdiction
of the Secretary concerned.
``(b) War or National Emergency.--(1) In time of war or of national
emergency declared by Congress or the President after January 1, 1953,
a member of a reserve component may be released from active duty (other
than for training) only if--
``(A) a board of officers, convened at the member's request
by an authority designated by the Secretary concerned,
recommends the release and the recommendation is approved;
``(B) the member waives the right to request that a board
of officers be convened to consider the decision of the
Secretary concerned to the release the member from active duty;
or
``(C) the member's release is otherwise authorized by law.
``(2) This subsection does not apply to an armed force during a
period of demobilization or reduction in strength of that armed force.
``Sec. 12314. Active duty agreements
``(a) Written Agreement.--To provide a definite term of active duty
(other than for training) under section 12342 of this title for a
member of a reserve component with the member's consent, an authority
designated by the Secretary concerned may make a standard written
agreement with the member requiring the member to serve for a period of
active duty (other than for training) of not more than 5 years. When
such an agreement expires, a new one may be made. This subsection shall
not apply in time of war declared by Congress.
``(b) Minimum Term.--An agreement shall not be made under
subsection (a) unless the specified period of duty is at least 12
months longer than any period of active duty that the member is
otherwise required to perform.
``(c) Uniformity; Standards and Policies.--Agreements made under
subsection (a) shall be uniform, so far as practicable, and are subject
to such standards and policies as may be prescribed by the Secretary of
Defense for the Armed Forces under the Secretary of Defense's
jurisdiction or by the Secretary of Homeland Security for the Coast
Guard when it is not operating as a service in the Navy.
``(d) War or National Emergency.--If an agreement made under
subsection (a) expires during a war or during a national emergency
declared by Congress or the President after January 1, 1953, the member
concerned may, without the consent of the member, be kept on active
duty as otherwise prescribed by law.
``(e) Early Release.--(1) An agreement made under subsection (a)
shall provide that the member will not, without the consent of the
member, be released from active duty during the period of the
agreement--
``(A) because of a reduction in the actual personnel
strength of the armed force concerned, unless the release is in
accordance with the recommendation of a board of officers
appointed by an authority designated by the Secretary concerned
to determine the members to be released from active duty under
regulations prescribed by the Secretary; or
``(B) for any other reason, without an opportunity to be
heard by a board of officers before the release, unless the
member is--
``(i) dismissed or discharged under the sentence of
a court-martial;
``(ii) released because of an unexplained absence
without leave for at least 3 months;
``(iii) released because the member is convicted
and sentenced to confinement in a Federal or State
penitentiary or correctional institution and the
sentence has become final; or
``(iv) released because the member has been
considered at least twice and has not been recommended
for promotion to the next higher grade or because the
member is considered as having failed of selection for
promotion to the next higher grade and has not been
recommended for promotion to that grade, under
conditions that would require the release or separation
of a reserve component officer who is not serving under
such agreement.
``(2) A member who is, without the consent of the member, released
from active duty before the end of the member's agreement made under
subsection (a) is entitled to an amount computed by multiplying the
number of years and fractions of a year of the member's unexpired
period of service under the agreement by the sum of one month's basic
pay, special pay, and allowances to which the member is entitled on the
day of the member's release. The amount to which a member is entitled
under this paragraph is in addition to any pay and allowances to which
the member is otherwise entitled. For the purposes of this paragraph, a
fraction of a month of 15 days or more is counted as a whole month, and
a fraction of a month of less than 15 days is disregarded. This
paragraph shall not apply to a member if the member is--
``(A) released for a reason described in clauses (i), (ii)
or (iii) of paragraph (1)(B);
``(B) released because of a physical disability resulting
from the member's intentional misconduct or willful neglect;
``(C) eligible for retired pay, separation pay, or
severance pay under another provision of law;
``(D) placed on a temporary disability retired list; or
``(E) released to accept an appointment, or to be enlisted,
in a regular component of an armed force.
``Sec. 12315. Officers: grade in which ordered to active duty
``An officer of a reserve component who is ordered to active duty
or full-time National Guard duty shall be ordered to active duty or
full-time National Guard duty in the officer's reserve grade, except
that such an officer who is credited with service under section 12207
of this title, is ordered to active duty, and placed on the active-duty
list, may be ordered to active duty in a reserve grade and with a date
of rank and position on the active-duty list determined under
regulations prescribed by the Secretary of Defense based upon the
amount of service credited.
``Sec. 12316. Kinds of duty
``Notwithstanding any other provision of law, a member of a reserve
component who is on active duty other than for training may, under
regulations prescribed by the Secretary concerned, be detailed or
assigned to any duty authorized by law for a member of the regular
component of the armed force concerned.
``Sec. 12317. Retention after becoming qualified for retired pay
``Any person who has qualified for retired pay under chapter 1223
of this title may, with the person's consent and by order of an
authority designated by the Secretary concerned, be retained on active
duty, or in service in a reserve component other than that listed in
section 12732(b) of this title. A member so retained shall be credited
with that duty or service for all purposes.
``Sec. 12318. Duty with or without pay
``(a) In General.--Subject to other provisions of this title, any
member of a reserve component may be ordered to active duty or other
duty--
``(1) with the pay and allowances provided by law; or
``(2) with the member's consent, without pay.
``(b) Duty Without Pay.--Duty without pay described in subsection
(a)(2) shall be considered for all purposes (other than pay) as if the
duty without pay were duty with pay.
``(c) Pay and Allowances for Reserve Component Members Retained on
Active Duty.--A member of a reserve component who is retained on active
duty after the member's term of service expires is entitled to pay and
allowances while on that duty, except that the pay and allowances may
be forfeited--
``(1) under the approved sentence of a court-martial;
``(2) by non-judicial punishment by a commanding officer;
or
``(3) when the member is otherwise in a non-pay status.
``Sec. 12319. Payment of certain members while on duty
``(a) In General.--Except as provided by subsection (b), a member
of a reserve component who because of the member's earlier military
service is entitled to a pension, retired or retainer pay, or
disability compensation, and who performs duty for which the member is
entitled to compensation, may elect to receive for that duty either--
``(1) the payments to which the member is entitled because
of the member's earlier military service; or
``(2) if the member specifically waives those payments, the
pay and allowances authorized by law for the duty that the
member is performing.
``(b) Payments.--Unless the payments described in subsection (a)(1)
are greater than the compensation described in subsection (a)(2), a
member of a reserve component who because of the member's earlier
military service is entitled to a pension, retired or retainer pay, or
disability compensation, and who upon being ordered to active duty for
a period of more than 30 days in time of war or national emergency is
found physically qualified to perform that duty, ceases to be entitled
to the payments because of the member's earlier military service until
the period of active duty ends. While on that active duty, the member
is entitled to the compensation described in subsection (a)(2). Other
rights and benefits of the member or the member's dependents are
unaffected by this subsection.
``Sec. 12320. Theological students: limitations
``A member of a reserve component shall not be required to serve on
active duty, or to participate in reserve component duty, while
preparing for the ministry in a recognized theological or divinity
school.
``Sec. 12321. Reserve officer training corps units: limitation on
number of reserve component members assigned
``The number of members of the reserve components serving on active
duty or full-time National Guard duty for the purpose of organizing,
administering, recruiting, instructing, or training the reserve
components, who are assigned to duty with a unit of the Reserve Officer
Training Corps program, shall not exceed 275.
``Sec. 12322. Regulations
``(a) In General.--The Secretary of Defense, and the Secretary of
Homeland Security in the case of the Coast Guard when it is not
operating as a service in the Navy, shall prescribe such regulations
for the reserve components of the Armed Forces under their respective
jurisdictions as the Secretary of Defense and the Secretary of Homeland
Security, respectively, consider necessary to carry out this chapter.
``(b) Army National Guard and Air National Guard.--A member of the
Army National Guard of the United States or the Air National Guard of
the United States who consents to an order to active duty under section
12341 or 12342 of this title shall not be ordered to such duty without
the consent of the Governor or other appropriate authority of the State
concerned. The consent of a Governor or other appropriate authority
described in the preceding sentence may not be withheld (in whole or in
part) with regard to active duty outside the United States, the
Commonwealth of Puerto Rico, the District of Columbia, a territory of
the United States, or a possession of the United States because of any
objection to the location, purpose, type, or schedule of such active
duty.
``(c) Considerations for Involuntary Order to Active Duty.--In
determining which units or members of the reserve components may,
without the consent of the members, be ordered to active duty under
section 12341 of this title for any purpose described in section 12351
of this title, the Secretary of Defense shall prescribe such policies
and procedures as the Secretary determines necessary to carry out this
subsection. Such policies and procedures shall take into
consideration--
``(1) the length and nature of previous service, to ensure
such sharing of exposure to hazards as national security and
military requirements will reasonably allow;
``(2) the frequency of assignments during service career;
``(3) family responsibilities; and
``(4) employment necessary to maintain the national health,
safety, or interest.
``(d) Continuous Period of Duty.--(1) When the authority or purpose
for a member of a reserve component to serve on active duty or full-
time National Guard duty changes with no break in service--
``(A) the order to active duty shall be amended to cite the
new authority or purpose and the applicable funding; and
``(B) the member shall remain on the same order to duty.
``(2) If a member is released from active duty or full-time
National Guard duty and subsequently ordered to active duty or full-
time National Guard duty with a break in service of 24 hours or fewer,
the period of service shall be treated as continuous Federal service
for the purposes of pay and benefits, unless otherwise specified in
law.
``(e) Documentation of Manpower and Appropriations.--To account for
manpower utilization and expenditure of appropriations--
``(1) each order to active duty described in this chapter
shall cite the authority and the purpose of the order to duty,
and each amendment to such order shall cite the new authority
or purpose of the duty if the authority or purpose changes; and
``(2) the purpose of the reserve component duty described
in this chapter and the associated funding shall be documented.
``SUBCHAPTER II--DUTY AND ASSIGNMENTS: AUTHORITIES
``Sec.
``12341. Category I: active duty.
``12342. Category II: active duty.
``12343. Category III: reserve component duty.
``12344. Category IV: remote assignments.
``Sec. 12341. Category I: active duty
``(a) In General.--(1) Under regulations prescribed by the
Secretary of Defense, or the Secretary of Homeland Security in the case
of the Coast Guard when it is not operating as a service in the Navy,
an authority designated by the Secretary concerned may order a member
of a reserve component under the jurisdiction of the Secretary
concerned to active duty, or retain the member on active duty, for a
purpose described in section 12351 of this title.
``(2) Duty performed pursuant to an order to active duty under this
section shall be known as category I active duty.
``(3) A member in the Standby Reserve on the inactive status list
who is ordered to active duty under this section shall be subject to
the limitations described in section 10153 of this title.
``(b) Member Consent.--(1) A member of a reserve component may,
with or without the consent of the member, be ordered to active duty
under this section.
``(2) A member of a reserve component who is, without the consent
of the member, ordered to active duty under this section shall not be
retained on active duty beyond the duration described in section 12351
of this title, if any, for the purpose of that duty.
``(3) A member of a reserve component who is, with the consent of
the member, ordered to active duty under this section shall not be
subject to a duration or strength limitation described in section 12351
of this title, if any, for the purpose of that duty.
``Sec. 12342. Category II: active duty
``(a) In General.--(1) Under regulations prescribed by the
Secretary of Defense, or the Secretary of Homeland Security in the case
of the Coast Guard when it is not operating as a service in the Navy,
an authority designated by the Secretary concerned may order a member
of a reserve component under the jurisdiction of the Secretary
concerned to active duty, or retain the member on active duty, for a
purpose described in section 12352 of this title.
``(2) Duty performed pursuant to an order to active duty under this
section shall be known as category II active duty.
``(3) A member in the Standby Reserve on the inactive status list
who is ordered to active duty under this section shall be subject to
the limitations described in section 10153 of this title.
``(b) Member Consent.--The consent of a member of a reserve
component shall be required for an order to active duty under this
section, except--
``(1) when the member is made the subject of proceedings
described in section 12352(a) of this title;
``(2) when the member is placed in a missing status
described in section 12352(b) of this title; or
``(3) for required training described in section 12352(c)
of this title.
``(c) Category I Operation or Mission Exclusion.--Except as
provided in section 12351(e) of this title, a member of a reserve
component shall not be ordered to or retained on active duty under this
section if that duty is in support of an operation or mission for which
a member of a reserve component is ordered to active duty under section
12341 of this title for such operation or mission.
``Sec. 12343. Category III: reserve component duty
``(a) In General.--(1) Under regulations prescribed by the
Secretary of Defense, or the Secretary of Homeland Security in the case
of the Coast Guard when it is not operating as a service in the Navy,
an authority designated by the Secretary concerned--
``(A) may require or authorize a member of the Army
Reserve, Navy Reserve, Marine Corps Reserve, Air Force Reserve,
or Coast Guard Reserve, under the jurisdiction of the Secretary
concerned, to perform reserve component duty for a purpose
described in section 12353 of this title; and
``(B) may require a member of a reserve component to
perform reserve component duty for the purpose described in
section 12353(b) of this title.
``(2) Duty performed pursuant to a requirement or authorization to
perform reserve component duty under this section shall be known as
category III reserve component duty.
``(b) Member Consent.--(1) A member described in subsection (a)
shall, without the consent of the member, be required to perform
reserve component duty under this section for--
``(A) required training described in section 12353(a) of
this title; or
``(B) muster described in section 12353(b) of this title.
``(2) A member described in subsection (a) may, with the consent of
the member, be authorized to perform reserve component duty under this
section for--
``(A) additional training described in section 12353(c) of
this title; or
``(B) support activities or requirements described in
section 12353(d) of this title.
``(c) Period of Service.--(1) Each period of reserve component duty
performed under this section shall be for a duration of not fewer than
2 hours.
``(2) Not more than 2 periods of reserve component duty may be
performed under this section in a calendar day.
``(d) Hostile Fire or Imminent Danger Areas.--A member described in
subsection (a) shall not perform reserve component duty under this
section if the location of that duty is in a designated hostile fire or
an imminent danger area.
``(e) Category I Operation or Mission Exclusion.--A member
described in subsection (a) shall not perform reserve component duty
under this section if that duty is in support of an operation or
mission for which a member of a reserve component is ordered to active
duty under section 12341 of this title for such operation or mission.
``Sec. 12344. Category IV: remote assignments
``(a) In General.--(1) Under regulations prescribed by the
Secretary of Defense, or the Secretary of Homeland Security in the case
of the Coast Guard when it is not operating as a service in the Navy,
an authority designated by the Secretary concerned, at the discretion
of that authority, may assign a member of the Ready Reserve or Standby
Reserve in an active status--
``(A) work described in section 12354(a)(1) of this title
that has been pre-approved by the Secretary concerned; or
``(B) a course of instruction described in section
12354(a)(2) of this title that has been pre-approved by the
Secretary concerned.
``(2) Duty performed pursuant to an assignment under this section
shall be known as a category IV remote assignment.
``(b) Individually Assigned.--Work or a course of instruction
assigned under this section shall be specifically and individually
assigned to a member described in subsection (a).
``(c) Direct Military Control Not Required.--(1) Work or a course
of instruction assigned under this section shall not require direct
military control of the member or the presence of a supervisor or
instructor.
``(2) Work or a course of instruction assigned under this section
may be performed at a time and location determined by the member,
subject to any completion deadline or other applicable requirement
established by the Secretary concerned.
``(d) Electronic Based Methodology.--A course of instruction
assigned under subsection (a)(2) may be completed by an electronic-
based distributed learning methodology or other means approved by the
Secretary concerned.
``SUBCHAPTER III--DUTY AND ASSIGNMENTS: PURPOSES
``Sec.
``12351. Category I: active duty purposes.
``12352. Category II: active duty purposes.
``12353. Category III: reserve component duty purposes.
``12354. Category IV: remote assignment purposes.
``Sec. 12351. Category I: active duty purposes
``(a) Congressional Declarations and Determinations.--(1)(A) A
unit, or a member not assigned to a unit organized to serve as a unit,
of a reserve component under the jurisdiction of the Secretary
concerned may be ordered to active duty under section 12341 of this
title for the purpose of--
``(i) supporting operations and missions during a
war or national emergency declared by Congress; or
``(ii) meeting national security requirements when
Congress determines that more units and organizations
are needed for national security than are in the
regular component.
``(B)(i) A member who is, without the consent of the member,
ordered to active duty for the purpose described in paragraph (1)(A)(i)
shall not be required to serve for longer than the duration of the war
or national emergency, as appropriate, and for 6 months thereafter.
``(ii) A member who is, without the consent of the member, ordered
to active duty for the purpose described in paragraph (1)(A)(ii) may be
retained on active duty as long as so needed.
``(2) So far as practicable, during any expansion of the active
armed forces that requires that a reserve component unit or member be
ordered to active duty for the purpose described in paragraph
(1)(A)(i), a member of a unit organized and trained to serve as a unit
who is, without the consent of the member, ordered to that duty shall
be so ordered with the member's unit. However, a member of that unit
may be reassigned after being so ordered to active duty.
``(3) A member on an inactive status list or in a retired status
shall not, without the consent of the member, be ordered to active duty
under section 12341 of this title for the purpose described in
paragraph (1)(A)(i) unless the Secretary concerned, with the approval
of the Secretary of Defense in the case of the Secretary of a military
department, determines that there are not enough qualified members of a
reserve component in an active status or in the inactive National Guard
in the required category who are readily available.
``(b) Presidential Call-Up.--
``(1) Insurrection.--(A)(i) The militia of any State (other
than the State requesting assistance under subclause (I) of
this clause) may be called into Federal service under section
12341 of this title for use with such of the Armed Forces as
the President determines necessary--
``(I) for the purpose of responding, when
there is an insurrection in any State against
the State's government, upon the request of the
State's legislature, or of the State's Governor
if the legislature cannot be convened, and in
the number requested by that State;
``(II) for the purpose of responding, when
the President considers that unlawful
obstructions, combinations, or assemblages, or
rebellion against the authority of the United
States make it impracticable to enforce the
laws of the United States in any State by the
ordinary course of judicial proceedings or to
suppress the rebellion; or
``(III) for the purpose of responding, when
the President determines it is necessary to
suppress, in a State, any insurrection,
domestic violence, unlawful combination, or
conspiracy, if the insurrection, domestic
violence, unlawful combination, or conspiracy--
``(aa) so hinders the execution of
the laws of that State, and of the
United States within the State, that
any part or class of its people is
deprived of a right, privilege,
immunity, or protection named in the
Constitution and secured by law, and
the constituted authorities of that
State are unable, fail, or refuse to
protect that right, privilege, or
immunity, or to give that protection;
or
``(bb) opposes or obstructs the
execution of the laws of the United
States or impedes the course of justice
under those laws.
``(ii) In any situation covered by clause (i)(III)(aa), the
State shall be considered to have denied the equal protection
of the laws secured by the Constitution.
``(iii) When the President considers it necessary to use
the militia or the Armed Forces under this subparagraph, the
President shall, by proclamation, immediately order the
insurgents to disperse and retire peaceably to their abodes
within a limited time.
``(B)(i) A member or unit of the National Guard of any
State, in such numbers as the President considers necessary,
may be called into Federal service under section 12341 of this
title for the purpose of supporting missions and operations
when--
``(I) the United States, the Commonwealth of Puerto
Rico, the District of Columbia, a territory of the
United States, or a possession of the United States are
invaded or is in danger of invasion by a foreign
nation;
``(II) there is a rebellion or danger of a
rebellion against the authority of the Government of
the United States; or
``(III) the President is unable with the regular
forces to execute the laws of the United States.
``(ii) When the President calls a member or unit of the
National Guard of any State into Federal service pursuant to
clause (i), orders shall be issued through the Governor of the
State, or in the case of the District of Columbia through the
commanding general of the National Guard of the District of
Columbia.
``(C) In this paragraph the term `State' means any State of
the United States, the District of Columbia, the Commonwealth
of Puerto Rico, the United States Virgin Islands, and Guam.
``(D)(i) The repeal of the provisions described in clause
(ii) and the replacement of those provisions with this
paragraph shall not be construed as an expansion or limitation
of the authorities granted under those provisions. The intent
of such repeal and replacement is to reorganize the provisions
described in clause (ii) in order to reduce the number of
authorities for ordering members of the reserve components and
militia to duty and to align those authorities with identified
benefits.
``(ii) The provisions described in this clause are the
following provisions of law as in effect on the day before the
effective date of this section:
``(I) Chapter 13 of this title (commonly known as
the `Insurrection Act').
``(II) Section 12406 of this title.
``(2) Ready reserve mobilization.--(A) A unit, or a member
not assigned to a unit organized to serve as a unit, of the
Ready Reserve under the jurisdiction of the Secretary concerned
may be ordered to active duty under section 12341 of this title
for the purpose of supporting missions and operations in
connection with a national emergency declared by the President.
``(B) A member who is, without the consent of the member,
ordered to active duty for the purpose described in
subparagraph (A) shall serve for not more than 24 consecutive
months.
``(C) Not more than 1,000,000 members of the Ready Reserve
may, without the consent of the members, be on active duty at
any one time for the purpose described in subparagraph (A).
``(3) Force augmentation: covered emergencies; significant
cyber events.--(A)(i) A unit, or a member not assigned to a
unit organized to serve as a unit, of the Selected Reserve (as
described in section 10143(a) of this title), or a member in
the Individual Ready Reserve mobilization category (as
described in section 10144(b) of this title) and designated as
essential under regulations prescribed by the Secretary
concerned, may be ordered to active duty under section 12341 of
this title when the President determines it is necessary to
augment the active force other than in time of war or national
emergency for the purpose of providing assistance for a covered
emergency.
``(ii) In this paragraph, the term `covered emergency'
means an emergency involving--
``(I) a use or threatened use of a weapon of mass
destruction (as defined in section 1403 of the Defense
Against Weapons of Mass Destruction Act of 1996 (50
U.S.C. 2302)); or
``(II) a terrorist attack or threatened terrorist
attack in the United States that results, or could
result, in significant loss of life or property.
``(B)(i) A unit, or a member not assigned to a unit
organized to serve as a unit, of the Selected Reserve (as
described in section 10143(a) of this title), may be ordered to
active duty under section 12341 of this title when the
Secretary of Defense or the Secretary of the department in
which the Coast Guard is operating determines that it is
necessary to augment the active armed forces for the response
of the Department of Defense or other department under which
the Coast Guard is operating, respectively, to a significant
cyber incident.
``(ii) In this paragraph, the term `significant cyber
incident' means--
``(I) a cyber incident involving a Department of
Defense information system, or a breach of a Department
of Defense system that involves personally identifiable
information, that the Secretary of Defense determines
is likely to result in demonstrable harm to the
national security interests, foreign relations, or the
economy of the United States, or to the public
confidence, civil liberties, or public health and
safety of the people of the United States;
``(II) a cyber incident involving a Department of
Homeland Security information system, or a breach of a
Department of Homeland Security system that involves
personally identifiable information, that the Secretary
of Homeland Security determines is likely to result in
demonstrable harm to the national security interests,
foreign relations, or the economy of the United States,
or to the public confidence, civil liberties, or public
health and safety of the people of the United States;
``(III) a cyber incident, or collection of related
cyber incidents, that the President determines is
likely to result in demonstrable harm to the national
security interests, foreign relations, or economy of
the United States or to the public confidence, civil
liberties, or public health and safety of the people of
the United States; or
``(IV) a significant incident declared pursuant to
section 2233 of the Homeland Security Act of 2002 (6
U.S.C. 677b).
``(C) A unit or member described in this paragraph shall
not--
``(i) provide assistance under this paragraph for a
purpose described in paragraph (1);
``(ii) provide assistance under this paragraph to
the Federal Government or a State for a serious natural
or manmade disaster, accident, or catastrophe (other
than a covered emergency or significant cyber
incident); or
``(iii) provide assistance under this paragraph for
a covered emergency unless the President determines
that the requirements for responding to the covered
emergency have exceeded, or will exceed, the response
capabilities of local, State, and Federal civilian
agencies.
``(D) Not more than 200,000 members of the Selected
Reserve and Individual Ready Reserve, of whom not more
than 30,000 may be members of the Individual Ready
Reserve, may, without the consent of the members, be on
active duty for the purpose of this paragraph at any
one time.
``(E) A member of a reserve component who is,
without the consent of the member, ordered to active
duty for the purpose of this paragraph may be required
to serve for not more than 365 consecutive days.
``(F) Whenever the President authorizes the
Secretary of Defense or the Secretary of Homeland
Security to order a unit or member of the Selected
Reserve or Individual Ready Reserve to active duty
under section 12341 of this title for a purpose
described in this paragraph, the President shall,
within 24 hours after exercising such authority, submit
to Congress a report, in writing, setting forth the
circumstances necessitating the action and describing
the anticipated use of the units or members.
``(G)(i) Whenever a unit of the Selected Reserve or
a member of the Selected Reserve not assigned to a unit
organized to serve as a unit, or a member of the
Individual Ready Reserve, is ordered to active duty
under section 12341 of this title for a purpose
described in subparagraph (A), the service of all units
or members so ordered to active duty may be terminated
by--
``(I) order of the President; or
``(II) law.
``(ii) Whenever a unit of the Selected Reserve or a
member of the Selected Reserve not assigned to a unit
organized to serve as a unit is ordered to active duty
under section 12341 of this title for a purpose
described in subparagraph (B), the service of all units
or members so ordered to active duty may be terminated
by--
``(I) order of the Secretary of Defense or,
with respect to the Coast Guard, the Secretary
of the Department in which the Coast Guard is
operating; or
``(II) law.
``(H) Nothing contained in this paragraph may be
construed as amending or limiting the application of
the provisions of the War Powers Resolution (50 U.S.C.
1541 et seq.).
``(I) In this paragraph, the term `State' means a
State of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the United States
Virgin Islands, and Guam.
``(c) Activation for a Major Disaster or Emergency.--(1) When a
Governor requests Federal assistance, a unit, or a member not assigned
to a unit organized to serve as a unit, of the Army Reserve, Navy
Reserve, Marine Corps Reserve, or Air Force Reserve may be ordered to
active duty under section 12341 of this title when authorized by the
Secretary of Defense for the purpose of providing Federal assistance in
responding to--
``(A) a major disaster or emergency (as those terms are
defined in section 102 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5122)); or
``(B) an emergency involving a manmade disaster, a serious
natural or manmade accident or catastrophe, or an act of
terrorism (as that term is defined in section 2(18) of the
Homeland Security Act of 2002 (6 U.S.C. 101(18))).
``(2) A member described in paragraph (1) who is, without the
consent of the member, ordered to active duty for a purpose described
in this subsection shall serve on active duty for a continuous period
of not more than 120 days.
``(3) Whenever a unit, or a member not assigned to a unit organized
to serve as a unit, is ordered to active duty for a purpose described
in this subsection, the service of all units or members so ordered to
active duty may be terminated by--
``(A) order of the Secretary of Defense; or
``(B) law.
``(d) Secretary Concerned Determination of Operational and Support
Requirements.--
``(1) Missing or captive.--(A)(i) A member of a reserve
component may, without the consent of the member, be ordered to
or retained on active duty under section 12341 of this title
for the purpose of maintaining continuity of military service
and providing pay, allowances, and benefits for the member and
continuity of benefits for eligible dependents of the member if
the Secretary concerned determines that the member is in a
missing status that occurs as the result of a hostile action
and is related to the member's military status.
``(ii) A member of a reserve component who was in a missing
status shall not be retained on active duty for more than 30
days after the member's missing status is terminated,
notwithstanding any previous maximum period of service
prescribed for the purpose the member was ordered to active
duty.
``(B) In this paragraph the term `missing status' means a
status described in section 551(2) of title 37.
``(2) Pre-planned mission support.--(A)(i) A member or unit
of the Selected Reserve may be ordered to active duty under
section 12341 of this title for the purpose of providing
support when the Secretary of a military department determines
that it is necessary to augment the active forces for a
preplanned mission.
``(ii) A member who is, without the consent of the member,
ordered to active duty for the purpose described in clause (i)
shall serve on active duty for not more than 365 consecutive
days.
``(B)(i) A member or unit of the Selected Reserve may,
without the consent of the member, be ordered to active duty
for the purpose described in subparagraph (A)(i) only if--
``(I) the manpower and associated costs of such
active duty are specifically included and identified in
the defense budget materials (as defined in section
231(f)(2) of this title) for the fiscal year or years
in which such units are anticipated to be ordered to
active duty;
``(II) the budget information on such costs
includes a description of the mission for which such
units are anticipated to be ordered to active duty and
the anticipated length of time of the order of such
units to active duty on a voluntary or an involuntary
basis; and
``(III) the Secretary of the military department
concerned submits to Congress a report, in writing,
setting forth the circumstances necessitating the
action taken under section 12341 for the purpose
described in subparagraph (A)(i) and describing the
anticipated use of such units of the Selected Reserve
ordered to active duty.
``(ii) In the event the President's budget is delivered
later than April 1st in the year prior to the year of the
mobilization of one or more units under this paragraph, the
Secretary concerned may submit to Congress the information
required under clause (i) in a separate notice.
``(C)(i) Each reserve component shall have not more than 10
percent of its authorized end strength for the Selected Reserve
on active duty under this paragraph, without the consent of the
members, at any one time.
``(ii) Upon determination that such an action is in the
national interest--
``(I) the Secretary of a military department may
increase the maximum strength authorized in clause (i)
for a reserve component by a number equal to not more
than 2 percent of the authorized end strength for the
Selected Reserve for that reserve component; and
``(II) the Secretary of Defense may increase the
maximum strength authorized in clause (i) for a reserve
component by a number equal to not more than 3 percent
of the authorized end strength for the Selected Reserve
of that reserve component.
``(iii) Any increase under clause (ii)(I) of the maximum
strength for a reserve component for a fiscal year shall be
counted as part of the increase for that reserve component for
that fiscal year authorized under clause (ii)(II).
``(D) The service of all members and units of the
Selected Reserve ordered to active duty for the purpose
of this paragraph may be terminated by--
``(i) order of the Secretary of the
military department concerned; or
``(ii) law.
``(E) Nothing contained in this paragraph may be
construed as amending or limiting the application of
the provisions of the War Powers Resolution (50 U.S.C.
1541 et seq.).
``(e) Special Rule Regarding Call-Up Related Activities.--(1) A
member of a reserve component may be ordered to or retained on active
duty under section 12341 of this title for the purpose of--
``(A) completing training that is required to prepare the
member for a category I active duty purpose described in this
section;
``(B) completing activities approved by the Secretary
concerned that are required to prepare the member for a
category I active duty purpose described in this section;
``(C) receiving medical or dental care that is required to
meet the deployment readiness standards for a category I active
duty purpose described in this section;
``(D) undergoing medical evaluation or receiving treatment
or rehabilitation for an injury, illness, or disease incurred
or aggravated in the line of duty while serving on active duty
under section 12341 of this title or full-time National Guard
duty under section 541 of title 32;
``(E) undergoing medical evaluation for disability
separation or retirement under chapter 61 of this title for an
injury, illness, or disease incurred or aggravated in the line
of duty while serving on active duty under section 12341 of
this title or full-time National Guard duty under section 541
of title 32; or
``(F) participating in post-deployment and reintegration
activities approved by the Secretary concerned following
service on active duty under section 12341 of this title.
``(2)(A) A member of a reserve component on active duty under
section 12342 of this title who is performing Active Guard and Reserve
functions described in section 12352(f)(1) of this title may be ordered
to active duty under section 12341 of this title for the purpose of
supporting an operation or mission described in this section while
retaining the member's status as an Active Guard and Reserve.
``(B) During a period that a member described in subparagraph (A)
is serving on active duty under section 12341, the member may perform
duties in connection with any operation or mission for a purpose
described in this section, notwithstanding the limitations specified in
section 12352(f) of this title on the duties a member described in
subparagraph (A) is authorized to perform.
``(C) Funds available for the pay and allowances of a member
described in subparagraph (A) for performing the duties described in
section 12352(f)(1) of this title shall be available for the pay and
allowances of the member while performing an operation or mission
pursuant to subparagraph (A).
``Sec. 12352. Category II: active duty purposes
``(a) Disciplinary Proceedings.--A member of a reserve component
may, without the consent of the member, be ordered to active duty under
section 12342 of this title for the purpose of being under the
jurisdiction of military authority when the member is made the subject
of proceedings under section 815 (article 15) or section 830 (article
30) of this title for an offense that occurred while the member was on
reserve component duty or traveling to or from such duty, or during
intervals between consecutive periods or days of such duty, as provided
in subsection (d) of section 802 (article 2) of this title.
``(b) Missing.--(1) A member of a reserve component may, without
the consent of the member, be ordered to or retained on active duty
under section 12342 of this title for the purpose of maintaining
continuity of military service and providing pay, allowances, and
benefits for the member and continuity of benefits for eligible
dependents of the member if the Secretary places the member in a
missing status.
``(2) A member of a reserve component in a missing status shall not
be retained on active duty for the purpose described in paragraph (1)
for more than 30 days after the member's missing status is terminated.
``(3) In this subsection the term `missing status' means a status
described in section 551(2)(A) of title 37.
``(c) Required Training.--(1) Except as provided in regulations
prescribed by the Secretary of Defense, or the Secretary of Homeland
Security in the case of the Coast Guard when it is not operating as a
service in the Navy, a member of the Ready Reserve of the Army Reserve,
Navy Reserve, Marine Corps Reserve, Air Force Reserve, or Coast Guard
Reserve (except a person who is enlisted, inducted, or appointed in an
armed force under section 513 or 10145(b) of this title) shall be
ordered to active duty under section 12342 of this title for the
purpose of training for not less than 14 days (exclusive of travel
time) during each year.
``(2) A member described in paragraph (1) who has served on active
duty for one year or longer shall not be required to perform a period
of active duty for training required under paragraph (1) if the first
day of that period falls during the last 120 days of the member's
required membership in the Ready Reserve.
``(d) Additional Training and Support.--At any time, a member of a
reserve component may, with the consent of the member, be ordered to or
retained on active duty under section 12342 of this title for the
purpose of--
``(1) additional training, as determined by the Secretary
concerned; or
``(2) providing operational support, other than for
missions or operations described in section 12351 of this
title, as determined by the Secretary concerned.
``(e) Other Activities or Requirements.--At any time, a member of a
reserve component may, with the consent of the member, be ordered to or
retained on active duty under section 12342 of this title for the
purpose of--
``(1) preparing for or performing funeral honor functions
at the funeral of a veteran, as described in section 1491 of
this title;
``(2) receiving medical or dental care authorized by the
Secretary concerned;
``(3) undergoing medical evaluation for disability or other
similar purposes;
``(4) participating in a Department of Defense health care
study, which may include an associated medical evaluation for
the member; or
``(5) performing an activity or requirement approved by the
Secretary concerned.
``(f) Active Guard and Reserve.--(1) A member of a reserve
component may, with the consent of the member, be ordered to active
duty under section 12342 of this title for the purpose of performing
the Active Guard and Reserve functions of organizing, administering,
recruiting, instructing, or training the reserve components.
``(2) Subject to regulations prescribed by the Secretary concerned,
a member performing Active Guard and Reserve functions pursuant to
paragraph (1) may perform the following additional activities to the
extent that the performance of the additional activities does not
interfere with the performance of the member's primary Active Guard and
Reserve functions described in such paragraph:
``(A) Supporting operations or missions assigned in whole
or in part to the reserve components.
``(B) Supporting operations or missions performed or to be
performed by--
``(i) a unit composed of elements from more than
one component of the same armed force; or
``(ii) a joint forces unit that includes--
``(I) one or more reserve component units;
or
``(II) a member of a reserve component
whose reserve component assignment is in a
position in an element of the joint forces
unit.
``(C) Advising the Secretary of Defense, the Secretaries of
the military departments, the Joint Chiefs of Staff, or the
commanders of the combatant commands regarding reserve
component matters.
``(D) Instructing or training in the United States, the
Commonwealth of Puerto Rico, the District of Columbia, a
territory of the United States, or a possession of the United
States--
``(i) members of the Armed Forces on active duty;
``(ii) members of foreign military forces (under
the same authorities and restrictions applicable to
members of the Armed Forces on active duty providing
such instruction or training);
``(iii) Department of Defense contractor personnel;
or
``(iv) Department of Defense civilian employees.
``(3)(A) Notwithstanding paragraph (2) and subject to
subparagraph (C), a member performing Active Guard and Reserve
functions pursuant to paragraph (1) may perform functions in
support of emergency preparedness programs to prepare for, or
to respond to, any emergency involving any of the following:
``(i) The use or threatened use of a weapon of mass
destruction (as defined in section 1403 of the Defense Against
Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302)) in
the United States.
``(ii) A terrorist attack or threatened terrorist attack in
the United States that results, or could result, in
catastrophic loss of life or property.
``(iii) The intentional or unintentional release of
nuclear, biological, or radiological, or toxic or poisonous
chemical, materials in the United States that results, or could
result, in catastrophic loss of life or property.
``(iv) A natural or manmade disaster in the United States
that results, or could result, in catastrophic loss of life or
property.
``(B) The costs of the pay, allowances, clothing,
subsistence, gratuities, travel, and related expenses for a
member described in paragraph (1) who is performing functions
described in subparagraph (A) shall be paid from the
appropriation that is available to pay such costs for other
members of the reserve component of that member who are
performing functions described in paragraph (1).
``(C) A member described in paragraph (1) may perform
functions described in subparagraph (A) only while assigned to
a reserve component weapons of mass destruction civil support
team.
``(D) A member described in paragraph (1) who is performing
functions described in subparagraph (A) shall be counted
against the annual end strength authorizations required by
sections 115(a)(1)(B) and 115(a)(2) of this title.
``(E) The justification material for the defense budget
request for a fiscal year shall identify the number and
component of the members described in paragraph (1) who are
programmed to be performing functions described in subparagraph
(A) during that fiscal year.
``(F) A reserve component weapons of mass destruction civil
support team, and any member described in paragraph (1) who is
assigned to such a team, shall not be used to respond to an
emergency described in subparagraph (A) until the Secretary of
Defense certifies to the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives that the team, or the member, possesses the
requisite skills, training, and equipment to be proficient in
all mission requirements.
``(G) If the Secretary of Defense submits to Congress any
request for the enactment of legislation to modify the
requirements of subparagraph (A) or (C), the Secretary shall
provide with the request--
``(i) a justification for each such requested
modification; and
``(ii) the Secretary's plan for sustaining the
qualifications of the personnel and teams described in
subparagraph (C).
``(H) In this subsection, the term `United States' includes
the Commonwealth of Puerto Rico, Guam, and the United States
Virgin Islands.
``(4) A member described in paragraph (1) shall serve in
the member's reserve grade and while so serving continue to be
eligible for promotion as a member of a reserve component, if
otherwise qualified.
``(5) A member described in paragraph (1) may be provided
training that is consistent with training provided to other
members on active duty, as the Secretary concerned determines
appropriate.
``(g) Sexual Assault Line of Duty Determination.--(1) In the case
of a reserve component member who is the alleged victim of sexual
assault committed while on active duty and who is expected to be
released from active duty before the determination is made regarding
whether the member was assaulted while in the line of duty (in this
section referred to as a `line of duty determination'), upon the
request of the member, the member may, with the consent of the member,
be ordered to or retained on active duty under section 12342 of this
title for the purpose of aiding in the line of duty determination until
completion of the determination. A member eligible for continuation on
active duty under this paragraph shall be informed as soon as
practicable after the alleged assault of the option to request
continuation on active duty under this paragraph.
``(2) In the case of a reserve component member who is not on
active duty and who is the alleged victim of a sexual assault that
occurred while the member was on active duty and when the line of duty
determination is not completed, upon the request of the member, the
member may be ordered to active duty under section 12342 of this title
for the purpose of aiding in the line of duty determination until
completion of the determination.
``(3) The Secretaries of the military departments shall prescribe
regulations to carry out this subsection, subject to guidelines
prescribed by the Secretary of Defense. The guidelines of the Secretary
of Defense shall provide that--
``(A) a request submitted by a member described in
paragraph (1) or (2) to continue on active duty, or to be
ordered to active duty, shall be decided within 30 days from
the date of the request; and
``(B) if the request is denied, the member may appeal to
the first general officer or flag officer in the chain of
command of the member, and in the case of such an appeal, a
decision on the appeal shall be made within 15 days from the
date of the appeal.
``Sec. 12353. Category III: reserve component duty purposes
``(a) Required Training.--Except as provided in regulations
prescribed by the Secretary of Defense, or the Secretary of Homeland
Security in the case of the Coast Guard when it is not operating as a
service in the Navy, a member of the Ready Reserve of the Army Reserve,
Navy Reserve, Marine Corps Reserve, Air Force Reserve, or Coast Guard
Reserve (except a person who is enlisted, inducted, or appointed in an
armed force under any provision of law other than section 513 or
10145(b) of this title) shall, without the consent of the member, be
required during each fiscal year to perform reserve component duty
under section 12343 of this title for the purpose of--
``(1) participating in at least 48 periods of training; or
``(2) performing such other equivalent training as the
Secretary concerned may prescribe.
``(b) Muster.--(1) Subject to the requirements and limitations
described in paragraph (2), a member of the Ready Reserve may, without
the consent of the member, be required one time each year to perform
reserve component duty under section 12343 of this title for the
purpose of updating personnel records and qualifications, documenting
civilian occupational skills, and assessing the member's physical
condition and availability for service.
``(2) The requirements and limitations described in paragraph (1)
are as follows:
``(A) The period that the member may be required to devote
to muster under this subsection, including round-trip travel to
and from the location of that muster, shall not total more than
one day each calendar year.
``(B) Except as provided in subparagraph (D), muster (and
travel directly to and from muster) under this subsection shall
be treated the same as any other reserve component duty (and
travel directly to and from that duty) for the purposes of this
title and the provisions of title 37 (other than section 206(a)
of title 37), including provisions relating to the
determination of eligibility for and the receipt of benefits
and entitlements provided under those titles for members
performing reserve component duty and for the dependents and
survivors of the members.
``(C) In lieu of compensation under section 206(a) of title
37, the Secretary concerned shall pay an allowance in
accordance with section 433 of title 37 to a member of the
Ready Reserve who is not a member of the National Guard or the
Selected Reserve.
``(D) Muster under this subsection shall not be credited in
determining entitlement to, or in computing, retired pay under
chapter 1223 of this title.
``(c) Additional Training.--A member of the Army Reserve, Navy
Reserve, Marine Corps Reserve, Air Force Reserve, or Coast Guard
Reserve may, with the consent of the member, participate in additional
training periods, including additional flight training periods, under
section 12343 of this title.
``(d) Support Activities or Requirements.--(1) A member of the Army
Reserve, Navy Reserve, Marine Corps Reserve, Air Force Reserve, or
Coast Guard Reserve may, with the consent of the member, be required to
perform reserve component duty under section 12343 of this title for
the purpose of--
``(A) participating in operational support requirements
except as described in section 12343(e) of this title,
including administrative functions to prepare for unit training
or funeral honors functions at the funeral of a veteran as
described in section 1491 of this title; or
``(B) carrying out an activity or requirement approved by
the Secretary concerned.
``(2) A member described in paragraph (1) who is performing funeral
honors functions described in paragraph (1)(A)--
``(A) may be paid--
``(i) an allowance under section 435 of title 37;
or
``(ii) compensation under section 206 of title 37;
``(B) shall be reimbursed for travel and transportation
expenses incurred in conjunction with such duty as authorized
under section 435 of title 37 if such duty is performed at a
location 50 miles or more from the member's residence; and
``(C) shall receive retirement points under section
12732(a)(2)(B) of this title.
``Sec. 12354. Category IV: remote assignment purposes
``(a) Work or Course of Instruction Related to Readiness.--A member
of the Ready Reserve or Standby Reserve in an active status may, with
the consent of the member, be assigned to perform a remote assignment
under section 12344 of this title for the purpose of carrying out--
``(1) pre-approved work authorized for that member that is
directly related to the readiness of the member or the
readiness of the member's unit; or
``(2) a pre-approved course of instruction that completes a
career advancement requirement or improves the military
readiness of the member.
``(b) Compensation.--(1) At a rate and under terms determined by
the Secretary of Defense and only upon successful completion of pre-
approved work or a course of instruction described in subsection (a),
the Secretary concerned may, at the discretion of the Secretary
concerned, authorize a member described in subsection (a) to be--
``(A) awarded retirement points under section
12732(a)(2)(E) of this title; or
``(B)(i) paid compensation under section 206 of title 37,
at a rate of compensation not to exceed the rate otherwise
applicable to the member paid under section 206(a) of title 37;
and
``(ii) awarded retirement points under section
12732(a)(2)(E) of this title.
``(2) A member of the Individual Ready Reserve who performs
screening conducted through electronic means may be paid a stipend in
accordance with section 433a of title 37, in lieu of compensation under
paragraph (1).
``(c) Exclusion From Certain Benefits and Protections.--A member
described in subsection (a) who performs pre-approved work or
undertakes a pre-approved course of instruction pursuant to this
section shall not--
``(1) be subject to chapter 47 of this title (Uniform Code
of Military Justice); or
``(2) be entitled to any of the pay, benefits, rights,
privileges, or immunities provided a member on active duty or
performing reserve component duty, except as provided in
subsection (b).''.
SEC. 4. DEFINITION OF CONTINGENCY OPERATION.
Paragraph (13) of section 101(a) of title 10, United States Code,
is amended by striking subparagraph (B) and inserting the following new
subparagraphs:
``(B)(i) results in a member of a reserve component
being called or ordered to active duty--
``(I) under section 12341 of this title; or
``(II) under section 3713 of title 14; or
``(ii) results in a member of the Army National
Guard of the United States or the Air National Guard of
the United States in the member's status as a member of
the National Guard of a State or territory, the
Commonwealth of Puerto Rico, or the District of
Columbia being called or ordered to full-time National
Guard duty under section 541 of title 32; or
``(C) results in a retired member being ordered to
active duty under section 688 of this title for an
operation described in subparagraph (A).''.
SEC. 5. COAST GUARD RESERVE.
Section 3713 of title 14, United States Code, is amended--
(1) in subsection (a), by striking ``in any 2-year
period''; and
(2) by striking subsection (e).
SEC. 6. NATIONAL GUARD.
Chapter 5 of title 32, United States Code, is amended to read as
follows:
``CHAPTER 5--NATIONAL GUARD DUTY
``Subchapter ............................................... Sec
``I. Administration of Duty................................. 511
``II. Duty Authorities...................................... 541
``III. Duty Purposes........................................ 551
``SUBCHAPTER I--ADMINISTRATION OF DUTY
``Sec.
``511. Training generally.
``512. Assignment and detail of members of Regular Army or Regular Air
Force for instruction of National Guard.
``513. Instruction in firing; supply of ammunition.
``514. Assistance for certain youth and charitable organizations.
``515. National Guard Youth Challenge Program of opportunities for
civilian youth.
``516. Regulations.
``517. Definition of reserve component duty.
``Sec. 511. Training generally
``(a) Discipline of the National Guard.--The discipline, including
training, of--
``(1) the Army National Guard shall conform to that of the
Army; and
``(2) the Air National Guard shall conform to that of the
Air Force.
``(b) Conduct of Training.--The training of the National Guard
shall be conducted by the several States of the United States, the
Commonwealth of Puerto Rico, the District of Columbia, Guam, and the
United States Virgin Islands in conformity with this title.
``Sec. 512. Assignment and detail of members of Regular Army or Regular
Air Force for instruction of National Guard
``(a) In General.--(1) The President shall assign for instruction
of the National Guard such members of the Regular Army or the Regular
Air Force as the President considers necessary.
``(2) The Secretary of the Army may detail members of the Regular
Army to attend training, maneuvers, rifle proficiency, or other
exercises for field instruction of the Army National Guard.
``(3) The Secretary of the Air Force may detail members of the
Regular Air Force to attend training or exercises for field instruction
of the Air National Guard.
``(b) Instruction.--Members so detailed shall instruct the members
of the National Guard at the exercise, as directed by the Secretary of
the Army or Secretary of the Air Force, or as requested by the Governor
or commanding officer of the National Guard there assembled.
``Sec. 513. Instruction in firing; supply of ammunition
``Ammunition for instruction in firing and for target practice may
be furnished, in such amounts as may be prescribed by the Secretary of
the Army or the Secretary of the Air Force, as the case may be, to
units of the National Guard encamped at a post, camp, or air base. The
instruction shall be under the direction of a commissioned officer
selected for that purpose by the proper military commander.
``Sec. 514. Assistance for certain youth and charitable organizations
``(a) Authority To Provide Services.--Members and units of the
National Guard may provide the services described in subsection (b) to
an eligible organization in conjunction with training required under
this chapter in any case in which--
``(1) the provision of such services does not adversely
affect the quality of that training or otherwise interfere with
the ability of a member or unit of the National Guard to
perform the military functions of the member or unit;
``(2) the services to be provided are not commercially
available, or any commercial entity that would otherwise
provide such services has approved, in writing, the provision
of such services by the National Guard;
``(3) the provision of such services will enhance the
military skills of the National Guard personnel providing such
services; and
``(4) the provision of the services will not result in a
significant increase in the cost of the training.
``(b) Authorized Services.--The services authorized to be provided
under subsection (a) are as follows:
``(1) Ground transportation.
``(2) Air transportation in support of Special Olympics.
``(3) Administrative support services.
``(4) Technical training services.
``(5) Emergency medical assistance and services.
``(6) Communications services.
``(c) Other Authorized Assistance.--Facilities and equipment of the
National Guard, including military property of the United States issued
to the National Guard and General Services Administration vehicles
leased to the National Guard or to the Department of Defense, may be
used in connection with providing services to any eligible organization
under this section.
``(d) Eligible Organizations.--The organizations eligible to
receive services under this section are as follows:
``(1) The Boy Scouts of America.
``(2) The Girl Scouts of America.
``(3) The Boys Clubs of America.
``(4) The Girls Clubs of America.
``(5) The Young Men's Christian Association.
``(6) The Young Women's Christian Association.
``(7) The Civil Air Patrol.
``(8) The United States Olympic Committee.
``(9) The Special Olympics.
``(10) The Campfire Boys.
``(11) The Campfire Girls.
``(12) The 4-H Club.
``(13) The Police Athletic League.
``(14) Any other youth or charitable organization
designated by the Secretary of Defense.
``Sec. 515. National Guard Youth Challenge Program of opportunities for
civilian youth
``(a) Program Authority and Purpose.--The Secretary of Defense may
use the National Guard to conduct a civilian youth opportunities
program, to be known as the `National Guard Youth Challenge Program',
which shall consist of at least a 22-week residential program and a 12-
month post-residential mentoring period. The Program shall seek to
improve life skills and employment potential of participants by
providing military-based training and supervised work experience,
together with the core program components of assisting participants to
receive a high school diploma or its equivalent, leadership
development, promoting fellowship and community service, developing
life coping skills and job skills, improving physical fitness, and
improving health and hygiene.
``(b) Conduct of the Program.--(1) The Secretary of Defense shall
provide for the conduct of the Program in such States as the Secretary
considers to be appropriate.
``(2) The Secretary shall carry out the Program using--
``(A) funds appropriated directly to the Secretary of
Defense for the Program; and
``(B) nondefense funds made available or transferred to the
Secretary of Defense by other Federal agencies to support the
Program.
``(3) The Secretary of Defense shall remain the executive agent to
carry out the Program regardless of the source of funds for the Program
or any transfer of jurisdiction over the Program within the executive
branch.
``(c) Program Agreements.--(1) To carry out the Program in a State,
the Secretary of Defense shall enter into an agreement with the
Governor of the State or, in the case of the District of Columbia, with
the commanding general of the District of Columbia National Guard,
under which the Governor or the commanding general will establish,
organize, and administer the Program in the State.
``(2) The agreement may provide for the Secretary to provide funds
to the State for civilian personnel costs attributable to the use of
civilian employees of the National Guard in the conduct of the Program.
``(d) Matching Funds Required.--(1) The amount of assistance
provided by the Secretary of Defense to a State program of the Program
for a fiscal year under this section shall not exceed 75 percent of the
costs of operating the State program during that fiscal year.
``(2) The limitation in paragraph (1) shall not be construed as a
limitation on the amount of assistance that may be provided to a State
program of the Program for a fiscal year from sources other than the
Department of Defense.
``(e) Persons Eligible To Participate in Program.--A school dropout
from secondary school shall be eligible to participate in the Program.
The Secretary of Defense shall prescribe the standards and procedures
for selecting participants from among school dropouts.
``(f) Authorized Benefits for Participants.--(1) To the extent
provided in an agreement entered into in accordance with subsection
(c), and subject to the approval of the Secretary of Defense, a person
selected for training in the Program may receive the following benefits
in connection with that training:
``(A) Allowances for travel expenses, personal expenses,
and other expenses.
``(B) Quarters.
``(C) Subsistence.
``(D) Transportation.
``(E) Equipment.
``(F) Clothing.
``(G) Recreational services and supplies.
``(H) Other services.
``(I) Subject to paragraph (2), a temporary stipend upon
the successful completion of the training, as characterized in
accordance with procedures provided in the agreement.
``(2) In the case of a person selected for training in the Program
who afterwards becomes a member of the National Civilian Community
Corps under subtitle E of title I of the National and Community Service
Act of 1990 (42 U.S.C. 12611 et seq.), the person shall not receive a
temporary stipend under paragraph (1)(I) while the person is a member
of that Corps. The person may receive the temporary stipend after
completing service in that Corps unless the person elects to receive
benefits provided under subsection (f) or (g) of section 158 of such
Act (42 U.S.C. 12618).
``(g) Program Personnel.--(1) Members of the National Guard of a
State in which the Program is conducted may serve on full-time National
Guard duty for the purpose of providing command, administrative,
training, or supporting services for the Program. For the performance
of those services, any such personnel may be ordered to duty under
section 542 of this title for not longer than the period of the
Program.
``(2) A Governor participating in the Program and the commanding
general of the District of Columbia National Guard (if the District of
Columbia National Guard is participating in the Program) may procure by
contract the temporary full-time services of such civilian personnel as
may be necessary to augment National Guard personnel in carrying out
the Program in that State.
``(3) Civilian employees of the National Guard performing services
for the Program and contractor personnel performing such services may
be required, when appropriate to achieve the purposes of the Program,
to be members of the National Guard and to wear the military uniform.
``(h) Equipment and Facilities.--(1) Equipment and facilities of
the National Guard, including military property of the United States
issued to the National Guard, may be used in carrying out the Program.
``(2) Activities under the Program shall be considered noncombat
activities of the National Guard for purposes of section 710 of this
title.
``(i) Status of Participants.--(1) A person receiving training
under the Program shall be considered an employee of the United States
for the purposes of the following provisions of law:
``(A) Subchapter I of chapter 81 of title 5 (relating to
compensation of Federal employees for work injuries).
``(B) Section 1346(b) and chapter 171 of title 28 and any
other provision of law relating to the liability of the United
States for tortious conduct of employees of the United States.
``(2) In the application of the provisions of law referred to in
paragraph (1)(A) to a person referred to in paragraph (1)--
``(A) the person shall not be considered to be in the
performance of duty while the person is not at the assigned
location of training or other activity or duty authorized in
accordance with a Program agreement referred to in subsection
(c), except when the person is traveling to or from that
location or is on pass from that training or other activity or
duty;
``(B) the person's monthly rate of pay shall be deemed to
be the minimum rate of pay provided for grade GS-2 of the
General Schedule under section 5332 of title 5; and
``(C) the entitlement of a person to receive compensation
for a disability shall begin on the day following the date on
which the person's participation in the Program is terminated.
``(3) A person referred to in paragraph (1) shall not be considered
an employee of the United States for any purpose other than a purpose
set forth in that paragraph.
``(j) Supplemental Resources.--To carry out the Program in a State,
the Governor of the State or, in the case of the District of Columbia,
the commanding general of the District of Columbia National Guard may
supplement funds made available under the Program out of other
resources (including gifts) available to the Governor or the commanding
general. The Governor or the commanding general may accept, use, and
dispose of gifts or donations of money, other property, or services for
the Program.
``(k) Report.--Not later than 90 days after the end of each fiscal
year, the Secretary of Defense shall submit to Congress a report on the
design, conduct, and effectiveness of the Program during the preceding
fiscal year. In preparing the report, the Secretary shall coordinate
with the Governor of each State in which the Program is carried out
and, if the Program is carried out in the District of Columbia, with
the commanding general of the District of Columbia National Guard.
``(l) Definitions.--In this section:
``(1) The term `State' includes the Commonwealth of Puerto
Rico, the District of Columbia, a territory of the United
States, and a possession of the United States.
``(2) The term `school dropout' means an individual who is
no longer attending any school and who has not received a
secondary school diploma or a certificate from a program of
equivalency for such a diploma.
``(3) The term `Program' means the National Guard Youth
Challenge Program carried out pursuant to this section.
``(m) Regulations.--The Secretary of Defense shall prescribe
regulations to carry out the Program. The regulations shall address at
a minimum the following:
``(1) The terms to be included in the Program agreements
required by subsection (c).
``(2) The qualifications for persons to participate in the
Program, as required by subsection (e).
``(3) The benefits authorized for Program participants, as
required by subsection (f).
``(4) The status of National Guard personnel assigned to
duty in support of the Program under subsection (g).
``(5) The conditions for the use of National Guard
equipment and facilities to carry out the Program, as required
by subsection (h).
``(6) The status of Program participants, as described in
subsection (i).
``(7) The procedures to be used by the Secretary when
communicating with States about the Program.
``Sec. 516. Regulations
``(a) In General.--The Secretary of Defense shall prescribe such
regulations as the Secretary considers necessary to carry out this
chapter.
``(b) Boundary Restrictions.--(1) Except as provided in paragraph
(2) or (3), full-time National Guard duty and reserve component duty
described in this chapter shall not be performed--
``(A) on land outside the United States, the Commonwealth
of Puerto Rico, the District of Columbia, a territory of the
United States, or a possession of the United States;
``(B) on water outside the territorial sea of the United
States, the Commonwealth of Puerto Rico, a territory of the
United States, or a possession of the United States; or
``(C) in international airspace outside the United States,
the Commonwealth of Puerto Rico, a territory of the United
States, or a possession of the United States.
``(2) While on full-time National Guard duty or performing reserve
component duty, a member may transit land, water, or airspace described
in paragraph (1) in properly sanctioned modes of transportation between
or among the United States, the Commonwealth of Puerto Rico, a
territory of the United States, or a possession of the United States.
``(c) Continuous Period of Duty.--(1) When the authority or purpose
for a member to serve on full-time National Guard duty changes with no
break in service--
``(A) the order to full-time National Guard duty shall be
amended to cite the new authority or purpose and the applicable
funding; and
``(B) the member shall remain on the same order to full-
time National Guard duty.
``(2) If a member is released from full-time National Guard duty
and subsequently ordered to active duty or full-time National Guard
duty with a break in service of 24 hours or fewer, the period of
service shall be treated as continuous Federal service for the purposes
of pay and benefits, unless otherwise specified in law.
``(d) Documentation of Manpower and Appropriations.--To account for
manpower utilization and expenditure of appropriations--
``(1) each order to full-time National Guard duty described
in this chapter shall cite the authority and the purpose of the
order to duty, and each amendment to such order shall cite the
new authority or purpose of the duty if the authority or
purpose changes; and
``(2) the purpose of reserve component duty described in
this chapter and the associated funding shall be documented.
``(e) Duty Without Pay.--(1) Subject to other provisions of this
title, any member of the National Guard may be ordered to full-time
National Guard duty--
``(A) with the pay and allowances provided by law; or
``(B) with the member's consent, without pay.
``(2) An order to full-time National Guard duty described in
subchapter II of this title without pay shall be considered for all
purposes (other than pay) as if it were an order to full-time National
Guard duty with pay.
``(3) A member of the National Guard who is retained on full-time
National Guard duty after the member's term of service expires is
entitled to pay and allowances while on that duty, except that the pay
and allowances may be forfeited--
``(A) under the approved sentence of a court-martial;
``(B) by non-judicial punishment by a commanding officer;
or
``(C) when the member is otherwise in a non-pay status.
``(f) Funding.--Amounts necessary for the pay, subsistence,
transportation, and other proper expenses of any part of the National
Guard of a State, the Commonwealth of Puerto Rico, the District of
Columbia, Guam, or the United States Virgin Islands participating in an
exercise under section 552(b)(1) of this title may be set aside from
funds allocated to it from appropriations for field instruction.
``(g) Payment Rule.--Members of the National Guard participating in
an exercise under section 552(b)(1) of this title may, after being
mustered, be paid for the period beginning with the date of leaving
home and ending with the date of return, as determined in advance. If
otherwise correct, such a payment passes to the credit of the
disbursing officer.
``(h) Order to Duty.--A unit or member of the Army National Guard
or Air National Guard may only be ordered to duty under this title by
the Governor of a State or territory, the Governor of the Commonwealth
of Puerto Rico, or the commanding general of the District of Columbia
National Guard, or their designated authority, as applicable, for
purposes authorized by the Secretary of the Army or the Secretary of
the Air Force, as appropriate.
``Sec. 517. Definition of reserve component duty
``In this chapter, the term `reserve component duty' has the
meaning given that term in section 101(d)(7) of title 10.
``SUBCHAPTER II--DUTY AUTHORITIES
``Sec.
``541. Category I: full-time National Guard duty.
``542. Category II: full-time National Guard duty.
``543. Category III: reserve component duty.
``544. Category IV: remote assignments.
``Sec. 541. Category I: full-time National Guard duty
``(a) In General.--(1) Under regulations prescribed by the
Secretary of the Army or Secretary of the Air Force, as the case may
be, which shall conform to regulations prescribed by the Secretary of
Defense, a member of the National Guard may be ordered to or retained
on full-time National Guard duty for a purpose described in section 551
of this title.
``(2) Duty performed pursuant to an order to full-time National
Guard duty under this section shall be known as category I full-time
National Guard duty.
``(b) Member Consent.--(1) A member of the National Guard may, with
or without the consent of the member, be ordered to full-time National
Guard duty under this section.
``(2) A member of the National Guard who is, without the consent of
the member, ordered to full-time National Guard duty under this section
shall not be retained on full-time National Guard duty beyond the
duration limitation described in section 551 of this title, if any, for
the purpose of that duty.
``(3) A member of the National Guard who is, with the consent of
the member, ordered to full-time National Guard duty under this section
shall not be subject to a duration limitation described in section 551
of this title, if any, for the purpose of that duty.
``Sec. 542. Category II: full-time National Guard duty
``(a) In General.--(1) Under regulations prescribed by the
Secretary of the Army or Secretary of the Air Force, as the case may
be, which shall conform to regulations prescribed by the Secretary of
Defense, a member of the National Guard may be ordered to or retained
on full-time National Guard duty for a purpose described in section 552
of this title.
``(2) Duty performed pursuant to an order to full-time National
Guard duty under this section shall be known as category II full-time
National Guard duty.
``(b) Member Consent.--Member consent is required for an order to
full-time National Guard duty under this section, except for required
training described in section 552(a) of this title.
``(c) Category I Operation or Mission Exclusion.--Except as
provided in section 551(c) of this title, a member of the National
Guard shall not be ordered to or retained on full-time National Guard
duty under this section if that duty is in support of an operation or
mission for which members have been ordered--
``(1) to active duty under section 12341 of title 10; or
``(2) to full-time National Guard duty under section 541 of
this title.
``Sec. 543. Category III: reserve component duty
``(a) In General.--(1) Under regulations prescribed by the
Secretary of the Army or the Secretary of the Air Force, as the case
may be, which shall conform to regulations prescribed by the Secretary
of Defense, a member of the National Guard may be required, or
otherwise authorized, to perform reserve component duty for a purpose
described in section 553 of this title.
``(2) Duty performed pursuant to an order to reserve component duty
under this section shall be known as category III reserve component
duty.
``(b) Member Consent.--(1) A member of the National Guard may,
without the consent of the member, be required to perform reserve
component duty under this section for required training described in
section 553(a) of this title.
``(2) A member of the National Guard may, with the consent of the
member, be authorized to perform reserve component duty under this
section for--
``(A) additional training described in section 553(b) of
this title; or
``(B) support activities or requirements described in
section 553(c) of this title.
``(c) Period of Service.--(1) Each period of reserve component duty
performed under this section shall be for a duration of not fewer than
2 hours.
``(2) Not more than 2 periods of reserve component duty under this
section may be performed in a calendar day.
``(d) Hostile Fire or Imminent Danger Areas.--A member of the
National Guard shall not be permitted to perform reserve component duty
under this section if the location of such duty is in a designated
hostile fire or an imminent danger area.
``(e) Category I Mission Exclusion.--A member of the National Guard
shall not perform reserve component duty under this section if that
duty is in support of an operation or mission for which members are
ordered--
``(1) to active duty under section 12341 of title 10 for
such operation or mission; or
``(2) to full-time National Guard duty under section 541 of
this title.
``Sec. 544. Category IV: remote assignments
``(a) In General.--(1) Under regulations prescribed by the
Secretary of the Army in the case of the Army National Guard and the
Secretary of the Air Force in the case of the Air National Guard, which
shall conform to regulations prescribed by the Secretary of Defense, an
authority designated by the Governor, at the discretion of that
authority, may assign a member of the Army National Guard or Air
National Guard (other than a member assigned to the inactive Army
National Guard or inactive Air National Guard)--
``(A) work described in section 554(a)(1) of this title
that has been pre-approved by the Secretary of the Army in the
case of the Army National Guard and the Secretary of the Air
Force in the case of the Air National Guard; or
``(B) a course of instruction described in section
554(a)(2) of this title that has been pre-approved by the
Secretary of the Army in the case of the Army National Guard
and the Secretary of the Air Force in the case of the Air
National Guard.
``(2) Duty performed pursuant to an assignment under this section
shall be known as a category IV remote assignment.
``(b) Individually Assigned.--Work or a course of instruction
assigned under this section shall be specifically and individually
assigned to a member described in subsection (a).
``(c) Direct Military Control Not Required.--(1) Work or a course
of instruction assigned under this section shall not require direct
military control of the member or the presence of a supervisor or
instructor.
``(2) Work or a course of instruction assigned under this section
may be performed at a time and location determined by the member,
subject to any completion deadline or other applicable requirement
established by the Governor.
``(d) Electronic Based Methodology.--A course of instruction
assigned under subsection (a)(2) may be completed by an electronic-
based distributed learning methodology or other means approved by the
Governor.
``SUBCHAPTER III--DUTY PURPOSE
``Sec.
``551. Category I: full-time National Guard duty purposes.
``552. Category II: full-time National Guard duty purposes.
``553. Category III: reserve component duty purposes.
``554. Category IV: remote assignment purposes.
``Sec. 551. Category I: full-time National Guard duty purposes
``(a) President or Secretary of Defense Request.--A member of the
National Guard may be ordered to full-time National Guard duty under
section 541 of this title for the purpose of supporting operations or
missions that are undertaken by the member's unit at the request of the
President or Secretary of Defense.
``(b) Homeland Defense Activities.--(1) A member of the National
Guard may be ordered to full-time National Guard duty under section 541
of this title for the purpose of performing homeland defense
activities, as that term is defined in section 901(1) of this title and
described in section 904 of this title.
``(2)(A) A member of the National Guard may, without the consent of
the member, be ordered to or retained on full-time National Guard duty
for the purpose described in paragraph (1) for a period of not more
than 180 days, except that the Governor of the State may extend, with
the concurrence of the Secretary of Defense, the 180-day period one
time for an additional 90 days to meet extraordinary circumstances.
``(B) In this paragraph the term `State' means each of the several
States, the District of Columbia, the Commonwealth of Puerto Rico,
Guam, and the United States Virgin Islands.
``(c) Special Rule Regarding Call-Up Related Activities.--(1) A
member of the National Guard may be ordered to or retained on full-time
National Guard duty under section 541 of this title for the purpose
of--
``(A) completing training that is required to prepare the
member for a category I active duty purpose described in this
section or section 12351 of title 10;
``(B) completing activities approved by the Secretary
concerned that are required to prepare the member for a
category I active duty purpose described in this section or
section 12351 of title 10;
``(C) receiving medical or dental care required to meet the
deployment readiness standards for a category I active duty
purpose described in this section or section 12351 of title 10;
``(D) undergoing medical evaluation or receiving treatment
or rehabilitation for an injury, illness, or disease incurred
or aggravated in the line of duty while serving on full-time
National Guard duty under section 541 of this title or active
duty under section 12341 of title 10;
``(E) undergoing medical evaluation for disability
separation or retirement under chapter 61 of this title for an
injury, illness, or disease incurred or aggravated in the line
of duty while serving on full-time National Guard duty under
section 541 of this title or active duty under section 12341 of
title 10;
``(F) participating in post-deployment and reintegration
activities approved by the Secretary of Defense following
service on active duty under section 12341 of title 10.
``(2)(A) A member on full-time National Guard duty under section
542 of this title who is performing Active Guard and Reserve functions
described in section 552(d)(1) of this title may be ordered to full-
time National Guard duty under section 541 of this title for the
purpose of supporting an operation or mission described in this section
while retaining the member's status as an Active Guard and Reserve.
``(B) During a period that a member described in subparagraph (A)
is serving on full-time National Guard duty under section 541, the
member may perform duties in connection with any operation or mission
for a purpose described in subsection (a) or (b), notwithstanding the
limitations described in section 552(d) of this title on the duties a
member described in subparagraph (A) is authorized to perform.
``(C) Funds available for the pay and allowances of a member
described in subparagraph (A) for performing the duties described in
section 552(d) of this title shall be available for the pay and
allowances of the member while performing an operation or mission
pursuant to subparagraph (A).
``Sec. 552. Category II: full-time National Guard duty purposes
``(a) Required Training.--(1) Under regulations to be prescribed by
the Secretary of the Army or the Secretary of the Air Force, as the
case may be, each unit of the National Guard, unless excused by the
Secretary concerned, shall assemble for the purpose of training for not
less than 15 days each year.
``(2) A member of the National Guard who has served on active duty
for one year or longer shall not be required to participate in training
required under paragraph (1) if the first day of such training falls
during the last 120 days of the member's required membership in the
National Guard.
``(b) Additional Training and Training Support.--At any time, a
member of the National Guard may, with the consent of the member, be
ordered to or retained on full-time National Guard duty under section
542 of this title for the purpose of--
``(1) additional training, including--
``(A) participation in training, maneuvers, rifle
proficiency, or any other exercise for field
instruction, independently of or in conjunction with
the Army or the Air Force;
``(B) participation in a joint exercise with the
Army or the Air Force for instruction to prepare the
National Guard for response to a civil emergency or
disaster;
``(C) attendance at a school conducted by the Army
or the Air Force, as appropriate;
``(D) conducting or attending a school conducted by
the National Guard;
``(E) participation in a small arms competition;
``(F) in the case of the Army National Guard--
``(i) attendance at any service school,
except the United States Military Academy, to
pursue a regular course of study at the school;
or
``(ii) attaching to an organization of the
branch of the Army corresponding to the
organization of the Army National Guard to
which the member belongs, for routine practical
instruction at or near an Army post during
training, maneuvers, rifle proficiency, or any
other exercise for field instruction; or
``(G) in the case of the Air National Guard--
``(i) attendance at any service school,
except the United States Air Force Academy, to
pursue a regular course of study at the school;
or
``(ii) attaching to an organization of the
Air Force corresponding to the organization of
the Air National Guard to which the member
belongs, for routine practical instruction at
an air base during field training or any other
outdoor exercise; or
``(2) supporting a training operation or training mission
assigned in whole or in part to the National Guard by the
Secretary of the Army or the Secretary of the Air Force, as the
case may be, but only to the extent that such training
operation or training mission is solely to instruct active duty
military, foreign military (under the same authorities and
restrictions applicable to active duty troops), Department of
Defense contractor personnel, or Department of Defense civilian
employees.
``(c) Other Activities or Requirements.--At any time, a member of
the National Guard may, with the consent of the member, be ordered to
or retained on full-time National Guard duty under section 542 of this
title for the purpose of--
``(1) carrying out drug interdiction and counter-drug
activities, to the extent that those activities are in
accordance with the State drug interdiction and counter-drug
activities plan referred to in section 112(c) of this title;
``(2) providing command, administrative, training, or
support services for the National Guard Youth Challenge Program
as provided in section 515(g) of this title;
``(3) preparing for or performing funeral honors functions
at the funeral of veterans as described in section 1491 of
title 10, which shall be treated as a Federal function for
which appropriated funds may be used;
``(4) providing operational support, other than for
missions or operations described in section 551 of this title,
authorized by the Secretary of Defense;
``(5) receiving authorized medical or dental care
authorized by the Secretary of the Army or the Secretary of the
Air Force;
``(6) undergoing medical evaluation for disability or for
other similar purposes; or
``(7) performing an activity or requirement authorized by
the Secretary of Defense.
``(d) Active Guard and Reserve.--(1) The Governor of a State, the
Commonwealth of Puerto Rico, Guam, or the United States Virgin Islands,
or the commanding general of the District of Columbia National Guard
may, with the consent of the member, order a member of the National
Guard to full-time National Guard duty under section 542 of this title
for the purpose of performing the Active Guard and Reserve functions of
organizing, administering, recruiting, instructing, or training the
reserve components. Subject to regulations prescribed by the Secretary
of Defense, a member performing Active Guard and Reserve functions
described in the preceding sentence may support an operation or mission
described in subsection (a) or (b) of section 551 of this title.
``(2) Subject to regulations prescribed by the Secretary of the
Army or the Secretary of the Air Force, as the case may be, a member
performing Active Guard and Reserve functions pursuant to paragraph (1)
may carry out the additional activities described in section 552(b)(2)
of this title to the extent that the performance of those activities
does not interfere with the performance of the member's primary Active
Guard and Reserve functions described in paragraph (1).
``(3) A member performing Active Guard and Reserve functions
pursuant to paragraph (1) may perform functions in support of emergency
preparedness programs described in paragraph (3) of section 12352(f) of
title 10, subject to the requirements, limitations, and restrictions
provided in such paragraph (3). A member on full-time National Guard
duty who is performing functions in support of emergency preparedness
described in the preceding sentence shall be counted against the annual
end strength authorizations described in paragraphs (1)(B) and (2) of
section 115(a) of title 10.
``(4) Waiver Authority.--(A) Notwithstanding section 101(c)(8)(A)
of title 10 and subsection (b) of this section, the Governor of a State
or the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the
commanding general of the District of Columbia National Guard, as the
case may be, may, at the request of the Secretary concerned, order a
member of the National Guard to perform Active Guard and Reserve
functions for purposes of performing training of the regular components
of the Armed Forces as the primary duty.
``(B) Training performed under subparagraph (A) must be performed
in the United States or the Commonwealth of Puerto Rico or possessions
of the United States.
``(C) No more than 100 personnel may be granted a waiver by a
Secretary concerned under subparagraph (A) at a time.
``(D) The authority under subparagraph (A) shall terminate on
October 1, 2024.
``(e) Sexual Assault Line of Duty Determination.--(1) In the case
of a National Guard member who is the alleged victim of sexual assault
committed while on full-time National Guard duty and who is expected to
be released from full-time National Guard duty before the determination
is made regarding whether the member was assaulted while in the line of
duty (in this section referred to as a `line of duty determination'),
upon the request of the member, the member may, with the consent of the
member, be ordered to or retained on full-time National Guard duty
under section 542 of this title for the purpose of aiding in the line
of duty determination until completion of the determination. A member
eligible for continuation on full-time National Guard duty under this
paragraph shall be informed as soon as practicable after the alleged
assault of the option to request continuation on full-time National
Guard duty under this paragraph.
``(2) In the case of a National Guard member who is not on full-
time National Guard duty and who is the alleged victim of a sexual
assault that occurred while the member was on full-time National Guard
duty and when the line of duty determination is not completed, upon the
request of the member, the member may be ordered to full-time National
Guard duty under section 542 of this title for the purpose of aiding in
the line of duty determination until completion of the determination.
``(3) The Secretaries of the military departments shall prescribe
regulations to carry out this subsection, subject to guidelines
prescribed by the Secretary of Defense. The guidelines of the Secretary
of Defense shall provide that--
``(A) a request submitted by a member described in
paragraph (1) or (2) to continue on full-time National Guard
duty, or to be ordered to full-time National Guard duty, shall
be decided within 30 days from the date of the request; and
``(B) if the request is denied, the member may appeal to
the first general officer in the chain of command of the
member, and in the case of such an appeal, a decision on the
appeal shall be made within 15 days from the date of the
appeal.
``Sec. 553. Category III: reserve component duty purposes
``(a) Required Training.--(1) Under regulations to be prescribed by
the Secretary of the Army or the Secretary of the Air Force, as the
case may be, each unit of the National Guard, unless excused by the
Secretary concerned, shall assemble for the purpose of reserve
component duty at least 48 times each year.
``(2) A member of the National Guard who has served on active duty
for one year or longer shall not be required to participate in training
required under paragraph (1) if the first day of such training falls
during the last 120 days of the member's required membership in the
National Guard.
``(3) An assembly for reserve component duty may consist of a
single ordered formation of a unit, or, when authorized by the
Secretary concerned, a series of ordered formations of parts of those
organizations, except that, to have a series of formations credited as
an assembly, all parts of the unit must be included in the series
within 90 consecutive days.
``(4) The total attendance at the series of formations constituting
an assembly shall be counted as the attendance at that assembly for the
required period. No member may be counted more than once or receive
credit for more than one required period of attendance, regardless of
the number of formations the member attends during the series
constituting the assembly for the required period.
``(5) No organization may receive credit for an assembly unless--
``(A) the number of members present equals or exceeds the
minimum number prescribed by the President;
``(B) the period of military duty for which a member is
credited is at least one and one-half hours; and
``(C) the training is of the type prescribed by the
Secretary concerned.
``(6) An appropriately rated member of the National Guard who
performs an aerial flight under competent orders may receive credit for
attending an assembly for the purposes of this section, if the flight
prevented the member from attending a regularly scheduled assembly.
``(b) Additional Training.--A member of the National Guard may,
with the consent of the member, perform reserve component duty under
section 543 of this title for the purpose of participating in
additional training periods, including additional flight training
periods, under section 543 of this title.
``(c) Support Activities or Requirements.--(1) A member of the
National Guard may, with the consent of the member, perform reserve
component duty under section 543 of this title for the purpose of--
``(A) providing administrative support to prepare for unit
training;
``(B) preparing for or performing funeral honors functions
at the funeral of a veteran as described in section 1491 of
title 10; or
``(C) carrying out an activity or requirement approved by
the Secretary of Defense.
``(2) A member performing funeral honors functions under paragraph
(1)(B)--
``(A) may be paid--
``(i) an allowance under section 435 of title 37;
or
``(ii) compensation under section 206 of title 37;
``(B) shall be reimbursed for travel and transportation
expenses incurred in conjunction with such duty as authorized
under section 435 of title 37 if such duty is performed at a
location 50 miles or more from the member's residence; and
``(C) shall receive retirement points under section
12732(a)(2)(B) of title 10.
``Sec. 554. Category IV: remote assignment purposes
``(a) Work or a Course of Instruction Related to Readiness.--A
member of the Army National Guard or Air National Guard (other than a
member assigned to the inactive Army National Guard or inactive Air
National Guard) may, with the consent of the member, be assigned to
perform a remote assignment under section 544 of this title for the
purpose of carrying out--
``(1) pre-approved work that is directly related to the
readiness of the member or the readiness of the member's unit
authorized for that member; or
``(2) a pre-approved course of instruction that completes a
career advancement requirement or improves the military
readiness of the member.
``(b) Compensation.--At a rate and under terms determined by the
Secretary of Defense and only upon successful completion of pre-
approved work or a course of instruction described in subsection (a),
the Governor of a State may, at the discretion of the Governor,
authorize a member described in subsection (a) to be--
``(1) awarded retirement points under section
12732(a)(2)(E) of this title; or
``(2)(A) paid compensation under section 206 of title 37,
at a rate of compensation not to exceed the rate otherwise
applicable to the member paid under section 206(a) of title 37;
and
``(B) awarded retirement points under section
12732(a)(2)(E) of this title.
``(c) Exclusion From Certain Benefits and Protections.--A member
described in subsection (a) who performs pre-approved work or
undertakes a pre-approved course of instruction pursuant to this
section shall not--
``(1) be subject to any State code of military justice or
similar disciplinary proceedings; or
``(2) be entitled to any of the pay, benefits, rights,
privileges, or immunities provided a member on full-time
National Guard duty or performing reserve component duty,
except as provided in subsection (b).''.
SEC. 7. ALIGNMENT OF BENEFITS.
(a) Title 5, United States Code.--Title 5, United States Code, is
amended--
(1) in the matter preceding paragraph (1) of section
5538(a)--
(A) by inserting ``or full-time National Guard
duty'' after ``perform active duty'';
(B) by striking ``under section 12304b of title 10
or a provision of law referred to in section
101(a)(13)(B) of title 10'' and inserting ``or full-
time National Guard duty in support of a contingency
operation (as that term is defined in section
101(a)(13) of title 10)''; and
(C) by striking ``serving on active duty'' and
inserting ``serving on such duty'';
(2) in item (bb) of section 5742(b)(2)(B)(ii)(I), by
striking ``(as defined in section 101(13) of title 10)'' and
inserting ``(as that term is defined in section 101(a)(13) of
title 10)'';
(3) in section 6323--
(A) in paragraph (1) of subsection (a), by striking
``inactive duty training (as defined in section 101 of
title 37), funeral honors duty (as described in section
12503 of title 10 and section 115 of title 32), or
engaging in field or coast defense training under
sections 502-505 of title 32'' and inserting ``full-
time National Guard duty, or reserve component duty (as
that term is defined in section 101(d)(7) of title
10)'' after ``active duty,'';
(B) in paragraph (2) of subsection (b)--
(i) in subparagraph (A)--
(I) in the matter preceding clause
(i), by striking the em dash and
inserting ``, full-time military
service for a State, the District of
Columbia, the Commonwealth of Puerto
Rico, or a territory of the United
States; or''; and
(II) by striking clauses (i) and
(ii); and
(ii) in subparagraph (B), by striking ``in
support of a contingency operation as defined
in section 101(a)(13) of title 10'' and
inserting ``or full-time National Guard duty in
support of a contingency operation (as that
term is defined in section 101(a)(13) of title
10)''; and
(C) in paragraph (1) of subsection (d), by striking
``section 12315 of title 10, under section 12301(b) or
12301(d)'' and inserting ``section 12318 of title 10,
under section 12341 or 12342'';
(4) in section 6381--
(A) in subparagraph (B) of paragraph (7), by
striking ``duty during the deployment'' and all that
follows through the semicolon and inserting ``duty
during the period the member is deployed to a foreign
country in support of a contingency operation (as that
term is defined in section 101(a)(13) of title 10);'';
and
(B) in subparagraphs (A) and (B) of paragraph (11),
by inserting ``or full-time National Guard duty'' after
``active duty'' each place it appears;
(5) in subsection (a) of section 8102a, by striking ``in a
contingency operation'' and inserting ``in support of a
contingency operation (as that term is defined in section
101(a)(13) of title 10)'';
(6) in section 8905a--
(A) in paragraph (3) of subsection (b)--
(i) in subparagraph (C), by striking ``in
support of a contingency operation (as defined
in section 101(a)(13) of title 10)'' and
inserting ``or full-time National Guard duty in
support of a contingency operation (as that
term is defined in section 101(a)(13) of title
10)''; and
(ii) in subparagraphs (D) and (E), by
inserting ``or full-time National Guard duty''
after ``active duty''; and
(B) in subparagraph (C) of subsection (e)(1), by
inserting ``or full-time National Guard duty'' after
``active duty'';
(7) in subparagraph (B) of section 8906(e)(3)--
(A) in clause (iii), by striking ``in support of a
contingency operation (as defined in section 101(a)(13)
of title 10)'' and inserting ``or full-time National
Guard duty in support of a contingency operation (as
that term is defined in section 101(a)(13) of title
10)''; and
(B) in clauses (iv) and (v), by inserting ``or
full-time National Guard duty'' after ``active duty'';
and
(8) in subparagraph (B) of section 9903(d)(2), by striking
``as defined'' and inserting ``as that term is defined''.
(b) Consolidated Farm and Rural Development Act.--Subsection (a) of
section 332 of the Consolidated Farm and Rural Development Act (7
U.S.C. 1982(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``who--'' and inserting ``who is on active duty or full-time
National Guard duty in support of a contingency operation (as
that term is defined in section 101(a)(13) of title 10, United
States Code).''; and
(2) by striking paragraphs (1) and (2).
(c) Title 10, United States Code.--Title 10, United States Code, is
amended--
(1) in section 701--
(A) in the matter following paragraph (4) of
subsection (a), by striking ``section 316, 502, 503,
504, or 505'' and inserting ``section 541 or 542'';
(B) in paragraph (2) of subsection (e)--
(i) by striking ``in a duty assignment''
and inserting ``or full-time National Guard
duty''; and
(ii) by striking ``such service on active
duty'' and inserting ``such duty'';
(C) in paragraph (2) of subsection (h)--
(i) in subparagraph (A), by inserting ``,
other than a member of a reserve component''
after ``active duty'';
(ii) in subparagraph (B), by striking
``active Guard and Reserve duty'' and inserting
``Active Guard and Reserve functions pursuant
to section 12352(f) of this title or section
552(d) of title 32''; and
(iii) in subparagraph (C), by striking ``an
active duty recall or mobilization order'' and
inserting ``an order to active duty under
section 12341 of this title, or a member of the
National Guard subject to an order to full-time
National Guard duty under section 541 of title
32,''; and
(D) in subsection (l)(1), by striking ``(B)
Subparagraph (A)'' and all that follows through the
period at the end and inserting the following:
``(B) Subparagraph (A) applies to the following
members:
``(i) A member on active duty, other than a
member of a reserve component.
``(ii) A member of a reserve component
performing Active Guard and Reserve functions
pursuant to section 12352(f) of this title or
552(d) of title 32.
``(iii) A member of a reserve component
subject to an order to active duty under
section 12341 or 12342 of this title, or a
member of the National Guard subject to an
order to full-time National Guard duty under
section 541 or 542 of title 32, in excess of 12
months.'';
(2) in subparagraph (B) of section 704(c)(1), by striking
``in a contingency operation'' and inserting ``in support of a
contingency operation'';
(3) in paragraph (1) of section 709a(a), by striking ``in a
contingency operation'' and inserting ``in support of a
contingency operation'';
(4) in section 1035--
(A) in subsection (b)--
(i) by inserting ``during'' before ``the
Persian''; and
(ii) by inserting ``while serving on active
duty or full-time National Guard duty in
support of'' after ``Gulf conflict, or''; and
(B) in subsection (f), by inserting ``while on
active duty'' after ``its possessions'';
(5) in paragraph (4) of section 1044(a)--
(A) by striking ``under a call or order to active
duty for more than 30 days issued under a mobilization
authority (as determined by the Secretary)'' and
inserting ``or full-time National Guard duty for a
period of more than 30 days in support of a contingency
operation''; and
(B) by striking ``served on active duty'' and all
that follows through the period and inserting ``served
on such duty.'';
(6) in subsection (d) of section 1074--
(A) by striking paragraph (2); and
(B) in paragraph (1)--
(i) in the matter preceding subparagraph
(A)--
(I) by striking ``a delayed-
effective-date active-duty order'' and
inserting ``an order to report for
active duty or full-time National Guard
duty in support of a contingency
operation''; and
(II) by striking ``on active duty''
and inserting ``on such duty'';
(ii) in subparagraph (B), by striking
``active duty'' and inserting ``such duty'';
(iii) by striking ``(1) For the purposes''
and inserting ``For the purposes''; and
(iv) by redesignating subparagraphs (A) and
(B), as amended by clauses (i) and (ii), as
paragraphs (1) and (2), respectively;
(7) in section 1074a--
(A) in subsection (a)--
(i) in each of paragraphs (1) and (2)--
(I) in subparagraph (A), by
inserting ``or'' after the semicolon;
(II) in subparagraph (B), by
striking ``inactive-duty training; or''
and inserting ``reserve component
duty.''; and
(III) by striking subparagraph (C);
(ii) in paragraph (3), by striking
``inactive-duty training'' and inserting
``reserve component duty'' each place it
appears; and
(iii) by striking paragraph (4);
(B) in the matter preceding subparagraph (A) of
subsection (d)(1), by striking ``mobilization'' and
inserting ``reporting for active duty or full-time
National Guard duty in support of a contingency
operation''; and
(C) in paragraph (1) of subsection (h)--
(i) by striking ``inactive-duty training''
and inserting ``reserve component duty''; and
(ii) by striking ``unit training
assemblies'' and inserting ``periods of such
duty'';
(8) in section 1074f--
(A) in subsection (a), by striking ``as part of a
contingency operation'' and inserting ``in support of a
contingency operation'';
(B) in the matter preceding clause (i) of
subsection (d)(2)(E), by striking ``or contingency
operations'' and inserting ``or in support of a
contingency operation''; and
(C) in each of paragraphs (1), (2)(A), and (3) of
subsection (f), by inserting ``in support of a'' before
``contingency operation'';
(9) in paragraph (2) of section 1145(a)--
(A) in subparagraph (B), by striking ``to which''
and all that follows through the period and inserting
``or full-time National Guard duty in support of a
contingency operation for a period of more than 30
days.'';
(B) in subparagraph (C), by striking ``section
12305'' and inserting ``section 12311'';
(C) in subparagraph (F), by inserting ``, or a
member performing Active Guard and Reserve functions
who separates from active duty or full-time National
Guard duty and agrees to remain in the Selected Reserve
of the Ready Reserve of a reserve component'' after ``a
reserve component''; and
(D) in subparagraph (G), by striking ``section
502(f)'' and all that follows before the period at the
end and inserting ``section 541 of title 32 for a
period of active service of more than 30 days'';
(10) in subsection (j) of section 1175a--
(A) in paragraph (1), by inserting ``or full-time
National Guard duty'' after ``active duty'';
(B) in paragraph (2)--
(i) by striking ``involuntarily''; and
(ii) by striking ``in accordance with'' and
all that follows through ``of title 32'' and
inserting ``in support of a contingency
operation'';
(C) in paragraph (3)--
(i) by striking ``or full-time National
Guard duty in accordance with section
101(d)(1), 101(d)(2), 101(d)(5), 12301(d)'' and
inserting ``under section 12342 of this
title'';
(ii) by striking ``12319, or 12503 of this
title, or section 114, 115, or 502(f)(1)(B)''
and inserting ``or full-time National Guard
duty under section 542''; and
(D) in subparagraph (A) of paragraph (4)--
(i) by striking ``involuntary'';
(ii) by inserting ``under section 12342''
after ``active duty''; and
(iii) by inserting ``under section 542 of
title 32'' after ``full-time National Guard
duty''.
(11) in the matter preceding subparagraph (A) of section
1218(d)(1), by striking ``mobilization and deployment'' and
inserting ``deployment in support of a contingency operation'';
(12) in subsection (a) of section 1482a, in the matter
preceding paragraph (1), by inserting ``support of'' after ``an
armed force in'';
(13) in paragraph (2) of section 1552(i), by inserting ``in
support of a'' after ``during a war or'';
(14) in paragraph (2) of section 1553(f), by inserting ``in
support of a'' after ``during a war or'';
(15) in subsection (b) of section 1788, by striking ``in
connection with'' and inserting ``in support of'';
(16) in section 12408--
(A) in subsection (a), by striking ``called into
Federal service under section 12301(a), 12302, or 12304
of this title'' and inserting ``called or ordered to
active duty in support of a contingency operation'';
and
(B) in subsection (b), by striking ``is mustered
out of Federal service'' and inserting ``is released
from such duty described in subsection (a)'';
(17) in subsection (b) of section 12686--
(A) in the first sentence, by striking ``section
12301 of this title'' and all that follows through
``that order.'' and inserting ``section 12342 of this
title, or to full-time National Guard duty (other than
for training) under section 542 of title 32, pursuant
to an order to such duty that specifies a period of
less than 180 days and who (but for this subsection)
would be covered by subsection (a), the Secretary
concerned may require as a condition of that order that
the member waive the applicability of subsection (a) to
the member for the period of such duty covered by that
order.''; and
(B) in the second sentence, by striking ``before
the period of active duty begins'' and inserting
``before the period of such duty begins'';
(18) in paragraph (2) of section 12731(f), by striking
subparagraph (B) and inserting the following:
``(B) Active service described in this subparagraph
is service on active duty or full-time National Guard
duty in support of a contingency operation.'';
(19) in paragraph (2) of section 12732(a)--
(A) by striking subparagraph (A) and inserting the
following:
``(A) One point for each day of active service.'';
(B) by striking subparagraph (B) and inserting the
following:
``(B) One point for each period of reserve
component duty performed by the member under section
12343 of this title or section 543 of title 32.''; and
(C) by striking subparagraph (E) and inserting the
following:
``(E) Points credited, as determined by the
Secretary concerned--
``(i) in accordance with section 12354(b)
of this title, for completion of pre-approved
work or completion of a pre-approved course of
instruction assigned under section 12344 of
this title; or
``(ii) in accordance with section 554(b) of
title 32, for completion of pre-approved work
or completion of a pre-approved course of
instruction assigned under section 544 of such
title.'';
(20) in section 12733--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3), (4), (5), and
(6) as paragraphs (2), (3), (4), and (5), respectively;
and
(C) in the matter preceding subparagraph (A) of
paragraph (2), as so redesignated, by striking ``under
clause'' and inserting ``under subparagraph'';
(21) in section 14317--
(A) in paragraph (1) of subsection (d)--
(i) in subparagraph (A)--
(I) by inserting ``or full-time
National Guard duty'' after ``active
duty'' the first place it appears; and
(II) by striking ``unit is ordered
to active duty'' and inserting ``unit
is ordered to such duty''; and
(ii) in subparagraph (B), by inserting ``or
full-time National Guard duty'' after ``active
duty''; and
(B) in subsection (e)--
(i) in the matter preceding subparagraph
(A) of paragraph (1)--
(I) by inserting ``component''
after ``reserve''; and
(II) by inserting ``or full-time
National Guard duty'' after ``ordered
to active duty''; and
(ii) in paragraphs (1)(B) and (2), by
inserting ``or full-time National Guard duty''
after ``active duty'';
(22) in clause (i) of section 16131(c)(3)(B), by striking
``ordered to'' and all that follows through the semicolon and
inserting ``ordered to active duty or full-time National Guard
duty in support of a contingency operation;''; and
(23) in paragraph (4) of section 16133(b)--
(A) in the matter preceding subparagraph (A), by
striking ``pursuant to'' and all that follows through
``of this title'' and inserting ``or full-time National
Guard duty in support of a contingency operation''; and
(B) in subparagraphs (A) and (B), by striking
``duty''.
(d) National Defense Authorization Act For Fiscal Year 2004.--
Subsection (a) of section 344 of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136; 10 U.S.C. prec. 1030 note) is
amended--
(1) in paragraph (1), by striking ``direct''; and
(2) in paragraph (2)--
(A) by striking ``directly supporting'' and
inserting ``serving in support of''; and
(B) by striking ``direct''.
(e) Title 11, United States Code.--Paragraph (2) of section 707(b)
of title 11, United States Code, is amended--
(1) in clause (i) of subparagraph (B), by inserting ``or
full-time National Guard duty'' after ``active duty''; and
(2) in subparagraph (D)--
(A) in clause (i), by striking subclause (II) and
inserting the following:
``(II) on full-time National Guard duty (as defined
in section 101(19) of title 32); or'';
(B) in clause (ii), by striking subclause (II) and
inserting the following:
``(II) on, and during the 540-day period beginning
immediately after the debtor is released from, a period
of full-time National Guard duty (as defined in section
101(19) of title 32) of not less than 90 days;''; and
(C) in the matter following subclause (II) of
clause (ii), as amended by subparagraph (B), by
striking ``was called to such active duty or performed
such homeland defense activity'' and inserting ``was
called or ordered to active duty or full-time National
Guard duty in support of a contingency operation (as
that term is defined in section 101(a)(13) of title
10)''.
(f) Title 14, United States Code.--Subsection (a) of section 2508
of title 14, United States Code, is amended by inserting ``(as that
term is defined in section 101(a)(13) of title 10)'' after
``contingency operation''.
(g) Small Business Act.--Clause (i) of section 3(q)(5)(A) of the
Small Business Act (15 U.S.C. 632(q)(5)(A)) is amended--
(1) in subclause (I), by striking ``under a provision of
law specified in section 101(a)(13)(B) of title 10, United
States Code,'' and inserting ``or full-time National Guard duty
in support of a contingency operation (as that term is defined
in section 101(a)(13) of title 10, United States Code)''; and
(2) in subclause (II), by striking ``active duty pursuant
to a call or order to active duty under a provision of law
referred to in subclause (I)'' and inserting ``duty pursuant to
a call or order to active duty or full-time National Guard duty
in support of a contingency operation (as that term is defined
in section 101(a)(13) of title 10, United States Code)''.
(h) Military Reservist and Veteran Small Business Reauthorization
and Opportunity Act of 2008.--Paragraph (2) of section 3 of the
Military Reservist and Veteran Small Business Reauthorization and
Opportunity Act of 2008 (15 U.S.C. 636 note; Public Law 101-186) is
amended by inserting ``, and such term includes full-time National
Guard duty'' after ``United States Code''.
(i) Fair Credit Reporting Act.--Subparagraph (A) of section
603(q)(1) of the Fair Credit Reporting Act (15 U.S.C. 1681a(q)(1)(A))
is amended by striking ``or is a reservist performing duty under a call
or order to active duty under a provision of law referred to'' and
inserting ``or is a member described in subparagraph (B) or (C) of
section 101(a)(13) of title 10, United States Code, on active duty or
full-time National Guard duty in support of a contingency operation as
that term is defined''.
(j) Title 18, United States Code.--Subsection (h) of section 209 of
title 18, United States Code, is amended--
(1) by striking ``a member'' the first place it appears and
all that follows through ``title 10'' and inserting ``a member
of the armed forces described in section 101(a)(13)(B) of title
10, on active duty or full-time National Guard duty in support
of a contingency operation (as that term is defined in section
101(a)(13) of title 10)''; and
(2) by inserting ``or full-time National Guard duty'' after
``active duty'' each place it appears.
(k) Defense Dependents' Education Act of 1978.--Paragraph (2) of
section 1404(c) of the Defense Dependents' Education Act of 1978 (20
U.S.C. 923(c)(2)) is amended--
(1) in subparagraph (B)--
(A) in clause (i), by striking ``section 12301 or
12302 of title 10, United States Code,'' and inserting
``section 12341 or 12342 of title 10, United States
Code, or are on full-time National Guard duty under
section 541 or 542 of title 32, United States Code'';
(B) in clause (ii), by inserting ``or full-time
National Guard duty'' after ``active duty''; and
(C) in clause (iii)--
(i) by inserting ``(I)'' before ``are
serving'';
(ii) by striking the period and inserting
``; or''; and
(iii) by adding at the end the following
new subclause:
``(II) in the case of the National
Guard, are serving on full-time
National Guard duty in Alaska, Hawaii,
or Puerto Rico, but only if that State
or territory is not the State or
territory from which the member was
ordered to full-time National Guard
duty.''.
(l) Higher Education Act of 1965.--The Higher Education Act of 1965
(20 U.S.C. 1001 et seq.) is amended--
(1) in subsection (d) of section 481 (20 U.S.C. 1088(d))--
(A) in subparagraph (A) of paragraph (4), by
striking ``a Reserve'' and all that follows through
``United States Code,'' and inserting ``a member of the
Armed Forces described in section 101(a)(13)(B) of
title 10, United States Code, who is ordered to active
duty or full-time National Guard duty in support of a
contingency operation (as that term is defined in
section 101(a)(13) of such title),''; and
(B) by striking paragraph (5); and
(2) in section 484C (20 U.S.C. 1091c)--
(A) in subsection (a), by inserting ``or full-time
National Guard duty'' after ``active duty'';
(B) in subparagraph (C) of subsection (c)(3), by
striking clauses (i), (ii), and (iii) and inserting the
following:
``(i) ordered to, or retained on, active
duty or full-time National Guard duty in
support of a contingency operation (as that
term is defined in section 101(a)(13) of title
10, United States Code);
``(ii) ordered to, or retained on, active
duty under section 2127, 2128, 2308, 2309, or
2314 of title 14, United States Code;
``(iii) retained on active duty pursuant to
section 123, 671a, 671b, or 12311 of title 10,
United States Code, because of a war or
national emergency declared by the President or
Congress, as determined by the Secretary
concerned; or'';
(C) in clause (iv), by striking ``; or'' and
inserting a period; and
(D) by striking clause (v).
(m) Higher Education Relief Opportunities For Students Act of
2003.--Section 5 of the Higher Education Relief Opportunities for
Students Act of 2003 (20 U.S.C. 1098ee) is amended--
(1) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively;
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) Active service.--The term `active service' has the
meaning given such term in section 101(d)(3) of title 10,
United States Code, except that such term does not include
active duty for the purpose of training, full-time National
Guard duty for the purpose of training, or attendance at a
service school.'';
(3) in subparagraph (A) of paragraph (6), as redesignated
by paragraph (1) of this subsection--
(A) by striking ``under section 12301(a), 12301(g),
12302, 12304, or 12306 of title 10, United States
Code,'' and inserting ``or full-time National Guard
duty in support of a contingency operation (as that
term is defined in section 101(a)(13) of title 10,
United States Code),''; and
(B) by striking ``of such title'' and inserting
``of title 10, United States Code''; and
(4) in paragraph (7), as redesignated by paragraph (1) of
this subsection, by striking ``a call to active service
authorized by the President'' and all that follows through the
period and inserting ``a call or order to full-time National
Guard duty under section 541 of title 32, United States
Code.''.
(n) Family and Medical Leave Act of 1993.--Section 101 of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2611) is amended--
(1) in subparagraph (B) of paragraph (14), by striking
``duty during'' and all that follows through the period and
inserting ``duty during the period the member is deployed to a
foreign country in support of a contingency operation (as that
term is defined in section 101(a)(13) of title 10, United
States Code).''; and
(2) in subparagraphs (A) and (B) of paragraph (18), by
inserting ``or full-time National Guard duty'' after ``active
duty'' each place it appears.
(o) Workforce Innovation and Opportunity Act.--Clause (ii) of
section 3(16)(A) of the Workforce Innovation and Opportunity Act (29
U.S.C. 3102(16)(A)(ii)) is amended--
(1) by inserting ``or full-time National Guard duty (as
defined in section 101(d)(5) of title 10, United States Code)''
after ``active duty (as defined in section 101(d)(1) of title
10, United States Code)''; and
(2) by striking ``pursuant to a provision of law referred
to in section 101(a)(13)(B) of title 10, United States Code,''
and inserting ``or full-time National Guard duty in support of
a contingency operation (as that term is defined in section
101(a)(13) of title 10, United States Code),''.
(p) Title 37, United States Code.--(1) The following provisions of
title 37, United States Code, are each amended by inserting ``(as that
term is defined in section 101(a)(13) of title 10)'' after
``contingency operation'' the first place it appears (other than in a
heading):
(A) Subsection (a) of section 303b.
(B) Paragraph (1) of section 306(d).
(C) Subparagraph (B) of section 403b(f)(2).
(D) Clause (i) of section 436(a)(2)(C).
(E) The matter preceding subparagraph (A) of
section 437(a)(2).
(F) Subparagraph (A) of section 501(b)(5).
(2) Title 37, United States Code, is amended further--
(A) in section 206--
(i) in subsection (d)--
(I) in paragraph (1)--
(aa) by striking ``paragraph (2)''
and inserting ``paragraphs (2) and
(3)'';
(bb) by striking ``work or study''
and inserting ``work or a course of
instruction''; and
(cc) by striking ``while not in
Federal service in connection with
correspondence courses of a uniformed
service'';
(II) by amending paragraph (2) to read as
follows:
``(2) A member of the Ready Reserve or Standby Reserve in
an active status may be paid compensation under this section at
a rate and under terms determined by the Secretary of Defense
and authorized by the Secretary concerned, but not to exceed
the rate otherwise applicable to the member under subsection
(a), upon the member's successful completion of work or a
course of instruction specifically and individually assigned to
the member under section 12344 of title 10 for a purpose
described in section 12354 of such title.'';
(III) by redesignating paragraph (3) as
paragraph (4);
(IV) by inserting after paragraph (2) the
following new paragraph:
``(3) A member of the Army National Guard (other than a
member assigned to the Inactive Army National Guard) or a
member of the Air National Guard (other than a member assigned
to the Inactive Air National Guard) may be paid compensation
under this section at a rate and under terms determined by the
Secretary of Defense and authorized by the Secretary concerned,
but not to exceed the rate otherwise applicable to the member
under subsection (a), upon the member's successful completion
of work or a course of instruction specifically and
individually assigned to the member under section 544 of title
32 for a purpose described in section 554 of such title.''; and
(V) in subparagraphs (A) and (B) of
paragraph (4), as redesignated by subclause
(III) of this clause, by striking ``work or
study'' each place it appears and inserting
``work or course of instruction''; and
(ii) in subsection (e), by striking ``of equivalent
training'' and all that follows through the period and
inserting ``of reserve component duty that are
performed in lieu of the regularly scheduled required
periods of reserve component duty prescribed by the
Secretary concerned for the member under section
12353(a) of title 10 or section 553(a) of title 32, as
the case may be, during that fiscal year.'';
(B) in subparagraph (A) of section 316(d)(1), by striking
``in connection with a contingency operation'' and inserting
``in support of a contingency operation (as that term is
defined in section 101(a)(13) of title 10)'';
(C) in subsection (g) of section 403--
(i) in paragraph (1), in the matter preceding
subparagraph (A), by inserting ``(as that term is
defined in section 101(a)(13) of title 10)'' after
``contingency operation'' each place it appears;
(ii) in paragraph (5), by inserting ``(as that term
is defined in section 101(a)(13) of title 10)'' after
``contingency operation'';
(iii) in subparagraph (A) of paragraph (6), by
striking ``who performs active Guard and Reserve duty
(as defined in section 101(d)(6) of title 10)'' and
inserting ``performing Active Guard and Reserve
functions (as that term is defined in section 101(c)(8)
of title 10)'';
(iv) in subparagraph (B) of paragraph (6), by
striking ``mobilized for service on active duty other
than active Guard and Reserve duty'' and inserting
``called or ordered to active duty in support of a
contingency operation (as that term is defined in
section 101(a)(13) of title 10) other than a member on
active duty performing Active Guard and Reserve
functions (as that term is defined in section 101(c)(8)
of title 10)''; and
(v) in clause (i) of paragraph (6)(C), by striking
``from active Guard and Reserve duty to other active
duty and back to active Guard and Reserve duty'' and
inserting ``from performing Active Guard and Reserve
functions to other active duty and back to performing
Active Guard and Reserve functions''; and
(D) in clause (ii) of section 436(a)(2)(C)--
(i) by striking ``under section 12304b of title 10
or a provision of law referred to in section
101(a)(13)(B) of title 10'' and inserting ``in support
of a contingency operation (as that term is defined in
section 101(a)(13) of title 10)''; and
(ii) by striking ``for a period of more than 30
days under a call or order issued under such a
provision of law'' and inserting ``in support of a
contingency operation (as that term is defined in
section 101(a)(13) of title 10) for a period of more
than 30 days''.
(q) Title 38, United States Code.--Title 38, United States Code, is
amended--
(1) in paragraph (3) of section 3011(d), by striking ``on
active duty'' and all that follows through the period and
inserting ``on active duty or full-time National Guard duty in
support of a contingency operation (as that term is defined in
section 101(a)(13) of title 10).'';
(2) in subparagraph (A) of section 3013(f)(2), by striking
``under section 688, 12301(a), 12301(d), 12301(g), 12302, or
12304 of title 10'' and inserting ``or full-time National Guard
duty in support of a contingency operation (as that term is
defined in section 101(a)(13) of title 10)'';
(3) in subsection (f) of section 3103--
(A) by striking ``under section 688, 12301(a),
12301(d), 12301(g), 12302, 12304, 12304a, or 12304b of
title 10,'' and inserting ``or full-time National Guard
duty in support of a contingency operation (as that
term is defined in section 101(a)(13) of title 10),'';
and
(B) by striking ``such active duty service'' and
inserting ``such duty'';
(4) in paragraph (2) of section 3105(e), by striking
``under section 688, 12301(a), 12301(d), 12301(g), 12302,
12304, 12304a, or 12304b of title 10'' and inserting ``or full-
time National Guard duty in support of a contingency operation
(as that term is defined in section 101(a)(13) of title 10)'';
(5) in paragraph (1) of section 3301--
(A) in subparagraph (B), by striking ``section 688,
12301(a), 12301(d), 12301(g), 12301(h), 12302, 12304,
12304a, or 12304b of title 10 or section 712 of title
14'' and inserting ``section 688, 12341, or 12342 of
title 10 or section 3713 of title 14''; and
(B) in subparagraph (C), by striking ``full-time
service--'' and all that follows through the period and
inserting ``full-time National Guard duty under section
541 or 542 of title 32.'';
(6) in clause (i) of section 3312(c)(2)(A), by striking
``under section'' and all that follows before the semicolon and
inserting ``or full-time National Guard duty in support of a
contingency operation (as that term is defined in section
101(a)(13) of title 10)'';
(7) in clause (i) of section 3511(a)(2)(B), by striking
``under section 688,'' and all that follows through the
semicolon and inserting ``or full-time National Guard duty in
support of a contingency operation (as that term is defined in
section 101(a)(13) of title 10);'';
(8) in subsection (f) of section 3512, by striking
``pursuant to'' and all that follows through ``title 32,'' and
inserting ``or full-time National Guard duty in support of a
contingency operation (as that term is defined in section
101(a)(13) of title 10),'';
(9) in paragraph (7) of section 3701(b), in the matter
preceding subparagraph (A), by inserting ``and an individual
who performed active duty (as that term is defined in section
101 of title 10) as a member of a reserve component'' after
``full-time National Guard duty (as that term is defined in
section 101 of title 10)'';
(10) in subparagraph (C) of section 4211(4), by striking
``active duty pursuant to section 12301(a), (d), or (g), 12302,
or 12304 of title 10,'' and inserting ``active duty or full-
time National Guard duty in support of a contingency operation
(as that term is defined in section 101(a)(13) of title 10),'';
and
(11) in subsection (c) of section 4312--
(A) in paragraph (3), by striking ``section 10147
of title 10, under section 502(a) or 503 of title 32,''
and inserting ``section 12352(c) or 12353(a) of title
10, or section 552(a) or 553(a) of title 32,''; and
(B) in paragraph (4)--
(i) by striking subparagraphs (A), (B), and
(C) and inserting the following:
``(A) ordered to or retained on active duty or
full-time National Guard duty in support of a
contingency operation (as that term is defined in
section 101(a)(13) of title 10);
``(B) ordered to or retained on active duty under
section 2127, 2128, 2308, 2309, or 2314 of title 14;
``(C) ordered to or retained on active duty
pursuant to section 123, 671a, 671b, or 12311 of title
10, because of a war or national emergency declared by
the President or the Congress;'';
(ii) in subparagraph (D), by inserting
``or'' after the semicolon; and
(iii) by striking subparagraphs (E) and (F)
and inserting the following new subparagraph
(E):
``(E) ordered to full-time National Guard duty in
support, as determined by the Secretary of Defense, of
a critical mission or requirement of the uniformed
services.''.
(r) Social Security Act.--Subparagraph (B) of section 1631(j)(1) of
the Social Security Act (42 U.S.C. 1383(j)(1)(B)) is amended by
striking ``section 12301(d) or 12302 of title 10, United States Code,
or section 502(f) of title 32, United States Code)'' and inserting
``section 12341 or 12342 of title 10, United States Code, or to full-
time National Guard Duty pursuant to section 541 or 542 of title 32,
United States Code)''.
(s) Servicemembers Civil Relief Act.--The Servicemembers Civil
Relief Act (50 U.S.C. 3901 et seq.) is amended--
(1) in section 101 (50 U.S.C. 3911)--
(A) by striking paragraph (1) and inserting the
following:
``(1) Servicemember.--The term `servicemember' means--
``(A) a member of the uniformed services, as that
term is defined in section 101(a)(5) of title 10,
United States Code, including a member of a reserve
component; and
``(B) a member of the Army National Guard or Air
National Guard, as those terms are defined in
paragraphs (2) and (4), respectively, of section 101(c)
of title 10, United States Code.''; and
(B) in subparagraph (A) of paragraph (2), by
striking clause (ii) and inserting the following:
``(ii) in the case of a member of the
National Guard, service under a call or order
to full-time National Guard duty (as that term
is defined in section 101(d)(5) of title 10,
United States Code);''; and
(2) in section 703 (50 U.S.C. 4023)--
(A) in paragraph (1) of subsection (a), by striking
``(other than for training)'' and all that follows
before the semicolon and inserting ``or full-time
National Guard duty in support of a contingency
operation (as that term is defined in section
101(a)(13) of title 10, United States Code)'';
(B) in the matter preceding subparagraph (A) of
subsection (a)(2) and in subsections (a)(2)(B), (b)(4),
and (c)(2) by inserting ``or full-time National Guard
duty'' after ``active duty''; and
(C) in subsection (i)--
(i) by redesignating paragraphs (2) and (3)
as paragraphs (3) and (4), respectively; and
(ii) by inserting after paragraph (1) the
following new paragraph:
``(2) Full-time national guard duty.--The term `full-time
National Guard duty' has the meaning given that term in section
101(d)(5) of title 10, United States Code.''.
(t) National Defense Authorization Act For Fiscal Year 2006.--
Paragraph (2) of section 690(b) of the National Defense Authorization
Act for Fiscal Year 2006 (50 U.S.C. 3916(b)) is amended by striking
``and when the member is mobilized'' and all that follows through the
period and inserting ``and when the member is--
``(A) called or ordered to active duty or full-time
National Guard duty in support of a contingency
operation (as that term is defined in section
101(a)(13) of title 10, United States Code); or
``(B) otherwise individually called or ordered to
active duty or full-time National Guard duty for a
period of more than one year.''.
(u) Expansion of Definition of Veteran for Purposes of Home
Loans.--The amendment made by subsection (q)(9) of this section shall
apply with respect to active duty (as defined in section 101 of title
10, United States Code) performed before, on, or after the date of the
enactment of this Act.
SEC. 8. ALIGNMENT OF SURVIVOR BENEFITS.
(a) Death While Performing Reserve Component Duty.--
(1) In general.--The following provisions of law are each
amended by inserting ``or reserve component duty'' after
``active duty'' each place it appears:
(A) Clause (i) of section 3330d(a)(3)(B) of title
5, United States Code.
(B) Subparagraph (C) of section 1074g(a)(6) of
title 10, United States Code.
(C) Paragraph (3) of section 1782(a) of title 10,
United States Code.
(D) Section 2148 of title 10, United States Code.
(E) Paragraph (2) of section 3711(f) of title 31,
United States Code.
(F) Paragraph (1) of section 403(l) of title 37,
United States Code.
(G) Subparagraphs (B) and (C) of section 2306(b)(2)
of title 38, United States Code.
(H) Paragraph (8) of section 3311(b) of title 38,
United States Code.
(I) Paragraph (2) of section 3322(h) of title 38,
United States Code.
(J) Subparagraph (C) of section 3512(b)(1) of title
38, United States Code.
(2) Heading.--Subsection (l) of section 403 of title 37,
United States Code, is amended, in the subsection heading, by
inserting ``OR RESERVE COMPONENT DUTY'' after ``ACTIVE DUTY''.
(b) Death While Performing Full-Time National Guard Duty or Reserve
Component Duty.--The following provisions are each amended by inserting
``, full-time National Guard duty, or reserve component duty'' after
``active duty'' each place it appears:
(1) Subsection (m) of section 7 of title 4, United States
Code.
(2) Subclause (V) of section 7(a)(31)(G)(ii) of the Small
Business Act (15 U.S.C. 636(a)(31)(G)(ii)(V)).
(3) Paragraph (1) of section 3711(f) of title 31, United
States Code.
(c) Posthumous Citizenship or Naturalization of Surviving Next of
Kin.--The Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended--
(1) in the table of contents at the beginning of such Act,
in the item relating to section 329A, by striking ``while on
active duty service'' and inserting ``during military
service'';
(2) in subsection (d) of section 319 (8 U.S.C. 1430(d)), by
striking ``in an active duty status'' and inserting ``while on
active duty, full-time National Guard duty, or reserve
component duty''; and
(3) in section 329A (8 U.S.C. 1440-1)--
(A) in the section heading, by striking ``while on
active duty service'' and inserting ``during military
service''; and
(B) in paragraph (1) of subsection (b), by striking
``in an active-duty status'' and inserting ``while on
active duty, full-time National Guard duty, or reserve
component duty''.
(d) Dental Insurance Plan.--Paragraph (5) of section 1076c(b) of
title 10, United States Code, is amended--
(1) in subparagraph (B), by striking ``; or'' and inserting
a semicolon;
(2) by redesignating subparagraph (C) as subparagraph (D);
and
(3) by inserting after subparagraph (B), as amended by
paragraph (1), the following new subparagraph:
``(C) who is described in section 1448(f)(1) of
this title; or''.
(e) Payment of Unused Accrued Leave.--Paragraph (1) of section
501(d) of title 37, United States Code, is amended by inserting ``or
reserve component duty'' after ``active duty'' each place it appears.
(f) All-Volunteer Force Educational Assistance Program: Death
Benefit.--Subparagraph (B) of section 3017(a)(1) of title 38, United
States Code, is amended--
(1) by inserting ``or reserve component duty'' after
``active duty'' the first place it appears; and
(2) by striking ``active duty'' the second place it appears
and inserting ``such duty''.
(g) Termination of Leases of Premises.--Paragraphs (3) and
(4)(B)(ii) of section 305(a) of the Servicemembers Civil Relief Act (50
U.S.C. 3955(a)) are amended by striking ``full-time National Guard
duty, active Guard and Reserve duty, or inactive-duty training'' and
inserting ``active duty, full-time National Guard duty, or reserve
component duty''.
SEC. 9. ALIGNMENT OF NATIONAL GUARD BENEFITS.
(a) Alignment of Benefits.--
(1) In general.--The following provisions of law are each
amended by inserting ``or full-time National Guard duty'' after
``active duty'' each place it appears:
(A) Paragraph (1) of section 638b(e) of title 10,
United States Code.
(B) Section 12737 of title 10, United States Code.
(C) Subparagraphs (C) and (D) of section 402A(h)(5)
of the Higher Education Act of 1965 (20 U.S.C. 1070a-
11(h)(5)).
(2) Headings.--
(A) Title 10.--Title 10, United States Code is
amended--
(i) in subsection (e) of section 638b, in
the subsection heading, by inserting ``OR FULL-
TIME NATIONAL GUARD DUTY'' after ``ACTIVE
DUTY''; and
(ii) in section 12737, in the section
heading, by inserting ``or full-time National
Guard duty'' after ``active duty''.
(B) Servicemembers civil relief act.--Paragraph (2)
of section 207(b) of the Servicemembers Civil Relief
Act (50 U.S.C. 3937(b)) is amended, in the paragraph
heading, by inserting ``OR full-time national guard
duty'' after ``ACTIVE duty''.
(b) Additional Amendments.--
(1) Title 10.--Title 10, United States Code, is amended in
paragraph (1) of section 101(d), by striking ``Such term does
not'' and inserting ``Except for purposes of chapters 40, 53,
54, 55, 56, 58, 59, 61, 63, 65, 69, 71, 73, 75, 76, 77, 79, 88,
101, 1217, and 1608 of this title, such term does not''.
(2) Title 32.--Paragraph (12) of section 101 of title 32,
United States Code, is amended by striking ``It does not
include'' and inserting ``Except for purposes of chapters 40,
53, 54, 55, 56, 58, 59, 61, 63, 65, 69, 71, 73, 75, 76, 77, 79,
88, 101, 1217, and 1608 of title 10, it does not include''.
(3) Higher education act of 1965.--The Higher Education Act
of 1965 (20 U.S.C. 1001 et seq.) is amended--
(A) in subparagraph (M) of section 428(b)(1) (20
U.S.C. 1078(b)(1)(M)), by striking clause (iii) and
inserting the following new clause:
``(iii) during which the borrower is
serving on active duty during a war or other
military operation or national emergency (as
defined in section 481), and for the 180-day
period following the date of release from such
duty;'';
(B) in section 455 (20 U.S.C. 1087e)--
(i) in paragraph (2) of subsection (f), by
striking subparagraph (C) and inserting the
following new subparagraph:
``(C) during which the borrower is serving on
active duty during a war or other military operation or
national emergency (as defined in section 481), and for
the 180-day period following the date of release from
such duty; or''; and
(ii) in paragraph (3) of subsection (o), by
striking subparagraph (A) and inserting the
following new subparagraph:
``(A) is serving on active duty during a war or
other military operation or national emergency (as
defined in section 481); and'';
(C) in subparagraph (A) of section 464(c)(2) (20
U.S.C. 1087dd(c)(2)(A)), by striking clause (iii) and
inserting the following new clause:
``(iii) during which the borrower is
serving on active duty during a war or other
military operation or national emergency (as
defined in section 481), and for the 180-day
period following the date of release from such
duty''; and
(D) in paragraph (2) of section 741(f) (20 U.S.C.
1138(f)(2))--
(i) in subparagraph (A), by striking clause
(i) and inserting the following new clause:
``(i) an individual who is serving on
active duty during a war or other military
operation or national emergency (as defined in
section 481); or''; and
(ii) in subparagraph (B), by striking
clause (i) and inserting the following:
``(i) is a spouse of an individual who is
serving on active duty during a war or other
military operation or national emergency (as
defined in section 481);''.
(4) Title 38.--Title 38, United States Code, is amended--
(A) in section 101--
(i) in paragraph (21)--
(I) by redesignating subparagraphs
(C) through (E) as subparagraphs (D)
through (F), respectively; and
(II) by striking subparagraph (B)
and inserting the following new
subparagraphs:
``(B) in the case of a member of a reserve
component, active duty other than for training--
``(i) under section 12341 of title 10, for
a purpose described in section 12351 of such
title (other than subsection (e)(1)(A));
``(ii) under section 3713 of title 14; and
``(iii) under section 12342 of title 10,
for a purpose described in section 12352 of
such title (other than subsection (c) or
(d)(1)); and
``(C) in the case of a member of the Army National
Guard or Air National Guard of any State, full-time
National Guard duty other than for training--
``(i) under section 541 of title 32, for a
purpose described in section 551 of such title
(other than subsection (c)(1)(A)); and
``(ii) under section 542 of title 32, for a
purpose described in section 552 of such title
(other than subsection (a) or (b)); and''.
(ii) in paragraph (22)--
(I) by striking subparagraph (A)
and inserting the following new
subparagraph:
``(A) full-time duty in the Armed Forces performed
by a member of a reserve component--
``(i) under section 12341 of title 10, for
the purpose of training as described in section
12351(e)(1)(A) of title 10; or
``(ii) under section 12342 of title 10, for
the purpose of training as described in
subsection (c) or (d)(1) of section 12352 of
title 10;''; and
(II) by striking subparagraph (C)
and inserting the following new
subparagraph:
``(C) in the case of a member of the Army National
Guard or Air National Guard of any State, full-time
duty performed--
``(i) under section 541 of title 32, for
the purpose of training as described in section
551(c)(1)(A) of title 32; or
``(ii) under section 542 of title 32, for
the purpose of training as described in
subsection (a) or (b) of section 552 of title
32;'';
(iii) in paragraph (23)--
(I) in the matter preceding
subparagraph (A), by striking
``inactive duty training'' and
inserting ``reserve component duty'';
(II) in subparagraph (A)--
(aa) by striking
``Reserves'' and inserting ``a
member of a reserve
component''; and
(bb) by striking ``section
206 of title 37 or any other
provision of law'' and
inserting ``section 12343 of
title 10'';
(III) by redesignating
subparagraphs (B) and (C) as
subparagraphs (C) and (D),
respectively;
(IV) by inserting after
subparagraph (A) the following new
subparagraph:
``(B) in the case of a member of the Army National
Guard or Air National Guard of any State, duty
prescribed for the member by the Secretary concerned
under section 543 of title 32;'';
(V) in subparagraph (C), as
redesignated by subclause (III) of this
clause, by striking ``Reserves'' and
inserting ``a member of a reserve
component''; and
(VI) in the matter following
subparagraph (D), as redesignated by
subclause (III) of this clause--
(aa) in the second
sentence--
(AA) by striking
``or (iii)'' and
inserting ``(iii)'';
and
(BB) by striking
the period at the end
and inserting ``, or
(iv) work or a course
of instruction assigned
under section 12344 of
title 10 or section 544
of title 32.''; and
(bb) by striking the first
sentence; and
(iv) in paragraph (24)(C), in the matter
preceding clause (i), by striking ``inactive
duty training'' and inserting ``reserve
component duty'';
(B) in section 1965--
(i) in paragraph (1)--
(I) by redesignating subparagraphs
(B) through (D) as subparagraphs (D)
through (F), respectively; and
(II) by inserting after
subparagraph (A) the following new
subparagraphs:
``(B) in the case of a member of a reserve
component, active duty other than for training--
``(i) under section 12341 of title 10, for
a purpose described in section 12351 of such
title (other than subsection (e)(1)(A));
``(ii) under section 12342 of title 10, for
a purpose described in section 12352 of such
title (other than subsection (c) or (d)(1));
and
``(iii) under section 3713 of title 14;
``(C) in the case of a member of the Army National
Guard or Air National Guard of any State, full-time
National Guard duty other than for training--
``(i) under section 541 of title 32, for a
purpose described in section 551 of such title
(other than subsection (c)(1)(A)); and
``(ii) under section 542 of title 32, for a
purpose described in section 552 of such title
(other than subsection (a) or (b));''.
(ii) in paragraph (2)--
(I) by striking subparagraph (A)
and inserting the following new
subparagraph:
``(A) full-time duty in the Armed Forces performed
by a reserve component member (or by a member of the
Space Force in a space force active status (as defined
in section 101(e)(1) of title 10) but not on sustained
duty under section 20105 of title 10)--
``(i) under section 12341 of title 10, for
the purpose of training described in section
12351(e)(1)(A) of such title; or
``(ii) under section 12342 of title 10, for
the purpose of training described in subsection
(c) or (d)(1) of section 12352 of such
title;'';
(II) by striking subparagraph (D)
and inserting the following new
subparagraph:
``(D) in the case of a member of the Army National
Guard or Air National Guard of any State, full-time
National Guard duty performed--
``(i) under section 541 of title 32, for
the purpose of training described in section
551(c)(1)(A) of such title; or
``(ii) under section 542 of title 32, for
the purpose of training described in subsection
(a) or (b) of section 552 of such title;'';
(iii) by striking paragraphs (3) and (4)
and inserting the following new paragraphs:
``(3) The term `reserve component duty' means--
``(A) in the case of a member of a reserve
component (or a member of the Space Force in a space
force active status (as defined in section 101(e)(1) of
title 10) but not on sustained duty under section 20105
of title 10), duty under section 12343 of title 10, for
purposes described in section 12353 of such title,
which duty is scheduled in advance by competent
authority to begin at a specific time and place;
``(B) in the case of a member of the National Guard
of any State, duty under section 543 of title 32, for
purposes described in section 553 of such title, which
duty is scheduled in advance by competent authority to
begin at a specific time and place; and
``(C) in the case of a commissioned officer of the
Reserve corps of the Public Health Service, duty
prescribed or authorized (other than full-time duty),
which duty is scheduled in advance by competent
authority to begin at a specific time and place.
``(4)(A) The terms `active duty for training' and `reserve
component duty' do not include duty performed as a temporary
member of the Coast Guard Reserve.
``(B) The term `reserve component duty' does not include--
``(i) work or study performed in connection with
correspondence courses;
``(ii) work or a course of instruction assigned
under section 12344 of title 10 or section 544 of title
32; or
``(iii) attendance at an educational institution in
an inactive status.''; and
(iv) in paragraph (5)--
(I) in subparagraphs (A) and (B),
by striking ``inactive duty training''
and inserting ``reserve component
duty''; and
(II) in subparagraph (C), by
striking ``as defined in section
12304(i)(1)'' and inserting ``as
described in section 10144(b)(1)'';
(C) by striking paragraph (7) of section 3002 and
inserting the following new paragraph:
``(7) The term `active duty' includes full-time National
Guard duty--
``(A) first performed after June 30, 1985, by a
member of the Army National Guard of the United States
or the Air National Guard of the United States in the
member's status as a member of the National Guard of a
State for the purpose of organizing, administering,
recruiting, instructing, or training the National
Guard; and
``(B) first performed after the effective date of
the amendment to this paragraph in the National Defense
Authorization Act for Fiscal Year 2022, by a member of
the Army National Guard of the United States or the Air
National Guard of the United States in the member's
status as a member of the National Guard of a State
under section 541 or 542 of title 32.''.
SEC. 10. REPEALS.
(a) Title 10, United States Code.--The following provisions of
title 10, United States Code, are repealed:
(1) Chapter 13.
(2) Section 10147.
(3) Section 10148.
(4) Section 12406.
(5) Section 12503.
(6) Section 12552.
(b) Title 32, United States Code.--The following provisions of
title 32, United States Code, are repealed:
(1) Section 114.
(2) Section 115.
(3) Section 328.
SEC. 11. CONFORMING AMENDMENTS.
(a) Title 5, United States Code.--Subsection (d) of section 5517 of
title 5, United States Code, is amended--
(1) in paragraph (1), by striking ``section 502 of title
32'' and inserting ``section 541 or 542 of title 32''; and
(2) by striking paragraph (2) and inserting the following
new paragraph:
``(2) participOfficial legislative text sourced from the public record (cached on CivicsHQ). Display truncated for length.
Official source
View the original bill, actions, and full legislative record on Congress.gov.
Status
In Committee
- 1Introduced
- 2Committee
- 3Floor
- 4Passed
- 5Signed
Timeline reflects current normalized status only. Full action history is not yet stored in the API.
Sponsors
Cosponsors
- Rep. Bacon, Don [R-NE-2]
- Rep. Bell, Wesley [D-MO-1]
- Rep. Bergman, Jack [R-MI-1]
- Rep. Bilirakis, Gus M. [R-FL-12]
- Rep. Brownley, Julia [D-CA-26]
- Rep. Budzinski, Nikki [D-IL-13]
- Rep. Carter, Troy A. [D-LA-2]
- Rep. Crow, Jason [D-CO-6]
- Rep. Davis, Donald G. [D-NC-1]
- Rep. DeLauro, Rosa L. [D-CT-3]
- Rep. Evans, Gabe [R-CO-8]
- Rep. Finstad, Brad [R-MN-1]
- Rep. Goodlander, Maggie [D-NH-2]
- Rep. Graves, Sam [R-MO-6]
- Rep. Guest, Michael [R-MS-3]
- Rep. Harrigan, Pat [R-NC-10]
- Rep. Hayes, Jahana [D-CT-5]
- Rep. Khanna, Ro [D-CA-17]
- Rep. Kiggans, Jennifer A. [R-VA-2]
- Rep. Lawler, Michael [R-NY-17]
- Rep. Lieu, Ted [D-CA-36]
- Rep. Lofgren, Zoe [D-CA-18]
- Rep. Lynch, Stephen F. [D-MA-8]
- Rep. Mann, Tracey [R-KS-1]
- Rep. Mast, Brian J. [R-FL-21]
- Rep. McGuire, John J. [R-VA-5]
- Rep. Moore, Gwen [D-WI-4]
- Rep. Neguse, Joe [D-CO-2]
- Rep. Owens, Burgess [R-UT-4]
- Rep. Pappas, Chris [D-NH-1]
- Rep. Pfluger, August [R-TX-11]
- Rep. Rogers, Harold [R-KY-5]
- Rep. Rose, John W. [R-TN-6]
- Rep. Scott, Austin [R-GA-8]
- Rep. Sorensen, Eric [D-IL-17]
- Rep. Stauber, Pete [R-MN-8]
- Rep. Strickland, Marilyn [D-WA-10]
- Rep. Tokuda, Jill N. [D-HI-2]
- Rep. Van Epps, Matt [R-TN-7]
- Rep. Vasquez, Gabe [D-NM-2]
- Rep. Vindman, Eugene Simon [D-VA-7]
Votes
Voting records are not yet available for this bill.