### §1002. Additional training or duty without pay: Reserves and members of National Guard

(a) A member of the National Guard, or of a reserve component of a uniformed service, may, with his consent, be given additional training or other duty as provided by law, without pay, as may be authorized by the Secretary concerned.

(b)(1) A member who performs training or other duty without pay under subsection (a) may, in the discretion of the Secretary concerned, be authorized the travel and transportation allowances prescribed by section 452 of this title for travel performed to and from that training or duty, and, during the performance of that training or duty, be furnished with subsistence and quarters in kind or commutation thereof at a rate to be fixed by the Secretary concerned.

(2) If a military technician (dual status), as described in section 10216 of title 10, is performing active duty without pay while on leave from technician employment, as authorized by section 6323(d) of title 5, the Secretary concerned may authorize the payment of a per diem allowance to the military technician in lieu of commutation for subsistence and quarters under paragraph (1).

(c) This section does not authorize compensation for work or study performed by a member of a reserve component in connection with correspondence courses of an armed force.

(d) This section does not apply to a member who is entitled to basic pay under chapter 3 of this title.

(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 489; Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 106–65, div. A, title VI, §672(a), Oct. 5, 1999, 113 Stat. 674; Pub. L. 112–81, div. A, title VI, §631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, §1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 117–263, div. A, title VI, §626(h)(7), Dec. 23, 2022, 136 Stat. 2630.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 1002(a) 1002(b) 1002(c) 1002(d) | 37:301(b) (1st sentence, less last 75 words).37:301(b) (last 75 words of 1st sentence).37:301(b) (less 1st sentence).37:301(e) (as applicable to duty without pay). | Oct. 12, 1949, ch. 681, §501(b), (e) (as applicable to duty without pay), 63 Stat. 826, 827; Aug. 10, 1956, ch. 1041, §20(f), 70A Stat. 629; June 30, 1960, Pub. L. 86–559, §8, 74 Stat. 282; Aug. 25, 1961, Pub. L. 87–164, 75 Stat. 401. |

1002(b)

1002(c)

1002(d)

37:301(b) (last 75 words of 1st sentence).

37:301(b) (less 1st sentence).

37:301(e) (as applicable to duty without pay).

In subsection (a), the words "A member of the National Guard, or of a reserve component" are substituted for the enumeration of those reserve categories to conform to other sections of this revised title.

In subsection (b), the words "section 404(a)–(d), and (f), of this title" are substituted for the words "section 253(a) of this title" to reflect the section of this revised title which restates that section.

Subsection (d) is substituted for section 301(e) of existing title 37.

#### **Editorial Notes**

#### Amendments

2022—Subsec. (b)(1). Pub. L. 117–263 substituted "section 452" for "section 474(a)–(d), and (f),".

2013—Subsec. (b)(1). Pub. L. 112–239, §1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, §631(f)(4)(A). See 2011 Amendment note below.

2011—Subsec. (b)(1). Pub. L. 112–81, §631(f)(4)(A), as amended by Pub. L. 112–239, §1076(a)(9), substituted "474" for "404".

1999—Subsec. (b). Pub. L. 106–65 designated existing provisions as par. (1) and added par. (2).

1991—Subsec. (b). Pub. L. 102–25 struck out "of this section" after "subsection (a)".

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 2013 Amendment

Pub. L. 112–239, div. A, title X, §1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.

#### Effective Date of 1999 Amendment

Pub. L. 106–65, div. A, title VI, §672(c), Oct. 5, 1999, 113 Stat. 674, provided that: "The amendment made by subsection (a) [amending this section] shall be effective as of February 10, 1996, as if included in section 1039 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 432 [amending section 6323 of Title 5, Government Organization and Employees])."