I 
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) intro-
duced the following bill; which was referred to the Committee on Armed 
Services, and in addition to the Committees on Transportation and Infra-
structure, Oversight and Government Reform, Agriculture, Small Busi-
ness, Financial Services, the Judiciary, Education and Workforce, Vet-
erans’ Affairs, Ways and Means, Homeland Security, and House Admin-
istration, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Duty Status Reform 
Act’’. 
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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 per-
form 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 RE-
SERVE 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 
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‘‘SUBCHAPTER I—ADMINISTRATION OF 
RESERVE DUTY 
‘‘§ 12311. Authority of President to suspend certain 
laws relating to promotion, retirement, 
and separation 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision 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 provi-
sion of law relating to promotion, retirement, or separa-
tion applicable to any member of the Armed Forces who 
the President determines is essential to the national secu-
rity 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 deter-
mines the circumstances that required the action of 
ordering the member to active duty no longer exist. 
‘‘(c) 90-DAY EXTENSION OF SEPARATION OR RE-
TIREMENT DATE.—Upon the termination of a suspension 
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made under subsection (a) of a provision of law otherwise 
requiring the separation or retirement of an officer on ac-
tive 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 oth-
erwise required separation or retirement date of the officer 
if the separation or retirement date, but for the suspen-
sion, would have occurred before the date of the termi-
nation of the suspension or within 90 days after the date 
of such termination. 
‘‘§ 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 indi-
vidual to active duty under section 12341 of this title with-
out 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). 
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‘‘(2)(A) In time of war or national emergency de-
clared by Congress, or expansion of the force to meet na-
tional 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 sub-
paragraphs (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 de-
scribed in section 12351(a)(1) of this title only if the Sec-
retary concerned, with the approval of the Secretary of 
Defense in the case of a Secretary of a military depart-
ment, determines that there are not enough of the re-
quired 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 mem-
ber, be ordered to active duty as an individual under sec-
tion 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 
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of a Secretary of a military department, determines that 
there are not enough qualified members in the Ready Re-
serve in the required category who are readily available. 
‘‘(c) RETIRED RESERVE.—(1) A member in the Re-
tired 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 cred-
ited under chapter 1223 of this title with service per-
formed 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. 
‘‘§ 12313. Release from active duty 
‘‘(a) IN GENERAL.—Except as otherwise provided in 
this title, an authority designated by the Secretary con-
cerned may at any time release from active duty a member 
of a reserve component under the jurisdiction of the Sec-
retary concerned. 
‘‘(b) WAR OR NATIONAL EMERGENCY.—(1) In time 
of war or of national emergency declared by Congress or 
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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 De-
fense for the Armed Forces under the Secretary of De-
fense’s jurisdiction or by the Secretary of Homeland Secu-
rity for the Coast Guard when it is not operating as a 
service in the Navy. 
‘‘(d) WAR OR NATIONAL EMERGENCY.—If an agree-
ment 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— 
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‘‘(A) because of a reduction in the actual per-
sonnel strength of the armed force concerned, unless 
the release is in accordance with the recommenda-
tion 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 oppor-
tunity to be heard by a board of officers before the 
release, unless the member is— 
‘‘(i) dismissed or discharged under the sen-
tence of a court-martial; 
‘‘(ii) released because of an unexplained 
absence without leave for at least 3 months; 
‘‘(iii) released because the member is con-
victed and sentenced to confinement in a Fed-
eral or State penitentiary or correctional insti-
tution 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 rec-
ommended for promotion to that grade, under 
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conditions that would require the release or sep-
aration 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; 
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‘‘(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. 
‘‘§ 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 Sec-
retary of Defense based upon the amount of service cred-
ited. 
‘‘§ 12316. Kinds of duty 
‘‘Notwithstanding any other provision of law, a mem-
ber 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. 
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‘‘§ 12317. Retention after becoming qualified for re-
tired 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 cred-
ited with that duty or service for all purposes. 
‘‘§ 12318. Duty with or without pay 
‘‘(a) IN GENERAL.—Subject to other provisions of 
this title, any member of a reserve component may be or-
dered 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 de-
scribed in subsection (a)(2) shall be considered for all pur-
poses (other than pay) as if the duty without pay were 
duty with pay. 
‘‘(c) PAY AND ALLOWANCES FOR RESERVE COMPO-
NENT MEMBERS RETAINED ON ACTIVE DUTY.—A mem-
ber 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— 
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‘‘(1) under the approved sentence of a court- 
martial; 
‘‘(2) by non-judicial punishment by a com-
manding officer; or 
‘‘(3) when the member is otherwise in a non- 
pay status. 
‘‘§ 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 enti-
tled 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 de-
scribed in subsection (a)(2), a member of a reserve compo-
nent who because of the member’s earlier military service 
is entitled to a pension, retired or retainer pay, or dis-
ability compensation, and who upon being ordered to ac-
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‘‘§ 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 com-
ponents of the Armed Forces under their respective juris-
dictions 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 sec-
tion 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 loca-
tion, 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 
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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 nec-
essary to carry out this subsection. Such policies and pro-
cedures shall take into consideration— 
‘‘(1) the length and nature of previous service, 
to ensure such sharing of exposure to hazards as na-
tional security and military requirements will reason-
ably allow; 
‘‘(2) the frequency of assignments during serv-
ice career; 
‘‘(3) family responsibilities; and 
‘‘(4) employment necessary to maintain the na-
tional 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 applica-
ble funding; and 
‘‘(B) the member shall remain on the same 
order to duty. 
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‘‘(2) If a member is released from active duty or full- 
time National Guard duty and subsequently ordered to ac-
tive 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 APPRO-
PRIATIONS.—To account for manpower utilization and ex-
penditure 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. 
‘‘§ 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 
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operating as a service in the Navy, an authority des-
ignated by the Secretary concerned may order a member 
of a reserve component under the jurisdiction of the Sec-
retary 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 inac-
tive status list who is ordered to active duty under this 
section shall be subject to the limitations described in sec-
tion 10153 of this title. 
‘‘(b) MEMBER CONSENT.—(1) A member of a reserve 
component may, with or without the consent of the mem-
ber, be ordered to active duty under this section. 
‘‘(2) A member of a reserve component who is, with-
out the consent of the member, ordered to active duty 
under this section shall not be retained on active duty be-
yond 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 
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limitation described in section 12351 of this title, if any, 
for the purpose of that duty. 
‘‘§ 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 des-
ignated by the Secretary concerned may order a member 
of a reserve component under the jurisdiction of the Sec-
retary 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 ac-
tive duty. 
‘‘(3) A member in the Standby Reserve on the inac-
tive status list who is ordered to active duty under this 
section shall be subject to the limitations described in sec-
tion 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; 
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‘‘(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 EXCLU-
SION.—Except as provided in section 12351(e) of this 
title, a member of a reserve component shall not be or-
dered 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 ac-
tive duty under section 12341 of this title for such oper-
ation or mission. 
‘‘§ 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 des-
ignated 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 per-
form reserve component duty for a purpose de-
scribed in section 12353 of this title; and 
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‘‘(B) may require a member of a reserve compo-
nent to perform reserve component duty for the pur-
pose 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 compo-
nent 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 re-
serve component duty under this section for— 
‘‘(A) additional training described in section 
12353(c) of this title; or 
‘‘(B) support activities or requirements de-
scribed in section 12353(d) of this title. 
‘‘(c) PERIOD OF SERVICE.—(1) Each period of re-
serve component duty performed under this section shall 
be for a duration of not fewer than 2 hours. 
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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. 
‘‘§ 12351. Category I: active duty purposes 
‘‘(a) CONGRESSIONAL DECLARATIONS AND DETER-
MINATIONS.—(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 require-
ments 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. 
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‘‘(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 compo-
nent unit or member be ordered to active duty for the pur-
pose 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 re-
tired 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 Sec-
retary of Defense in the case of the Secretary of a military 
department, determines that there are not enough quali-
fied 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.— 
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‘‘(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 Presi-
dent 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 en-
force 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 nec-
essary to suppress, in a State, any insur-
rection, domestic violence, unlawful com-
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bination, 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 de-
prived of a right, privilege, immunity, 
or protection named in the Constitu-
tion and secured by law, and the con-
stituted 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 de-
nied 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, 
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immediately order the insurgents to disperse and re-
tire 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 Presi-
dent considers necessary, may be called into Federal 
service under section 12341 of this title for the pur-
pose of supporting missions and operations when— 
‘‘(I) the United States, the Commonwealth 
of Puerto Rico, the District of Columbia, a ter-
ritory 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 re-
bellion against the authority of the Government 
of the United States; or 
‘‘(III) the President is unable with the reg-
ular 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 Co-
lumbia. 
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‘‘(C) In this paragraph the term ‘State’ means 
any State of the United States, the District of Co-
lumbia, 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 ex-
pansion or limitation of the authorities granted 
under those provisions. The intent of such repeal 
and replacement is to reorganize the provisions de-
scribed 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 or-
dered to active duty under section 12341 of this title 
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for the purpose of supporting missions and oper-
ations in connection with a national emergency de-
clared 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 EMER-
GENCIES; 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 de-
scribed in section 10143(a) of this title), or a mem-
ber 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 or-
dered 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. 
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‘‘(ii) In this paragraph, the term ‘covered emer-
gency’ 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 De-
struction Act of 1996 (50 U.S.C. 2302)); or 
‘‘(II) a terrorist attack or threatened ter-
rorist 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 Re-
serve (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, respec-
tively, to a significant cyber incident. 
‘‘(ii) In this paragraph, the term ‘significant 
cyber incident’ means— 
‘‘(I) a cyber incident involving a Depart-
ment of Defense information system, or a 
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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 se-
curity interests, foreign relations, or the econ-
omy of the United States, or to the public con-
fidence, civil liberties, or public health and safe-
ty of the people of the United States; 
‘‘(II) a cyber incident involving a Depart-
ment of Homeland Security information system, 
or a breach of a Department of Homeland Se-
curity system that involves personally identifi-
able information, that the Secretary of Home-
land Security determines is likely to result in 
demonstrable harm to the national security in-
terests, foreign relations, or the economy of the 
United States, or to the public confidence, civil 
liberties, or public health and safety of the peo-
ple of the United States; 
‘‘(III) a cyber incident, or collection of re-
lated cyber incidents, that the President deter-
mines is likely to result in demonstrable harm 
to the national security interests, foreign rela-
tions, or economy of the United States or to the 
public confidence, civil liberties, or public health 
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and safety of the people of the United States; 
or 
‘‘(IV) a significant incident declared pursu-
ant to section 2233 of the Homeland Security 
Act of 2002 (6 U.S.C. 677b). 
‘‘(C) A unit or member described in this para-
graph shall not— 
‘‘(i) provide assistance under this para-
graph for a purpose described in paragraph (1); 
‘‘(ii) provide assistance under this para-
graph to the Federal Government or a State for 
a serious natural or manmade disaster, acci-
dent, or catastrophe (other than a covered 
emergency or significant cyber incident); or 
‘‘(iii) provide assistance under this para-
graph for a covered emergency unless the Presi-
dent determines that the requirements for re-
sponding to the covered emergency have exceed-
ed, 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 Re-
serve, of whom not more than 30,000 may be 
members of the Individual Ready Reserve, may, 
without the consent of the members, be on ac-
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tive 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, or-
dered 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 Re-
serve to active duty under section 12341 of this 
title for a purpose described in this paragraph, 
the President shall, within 24 hours after exer-
cising such authority, submit to Congress a re-
port, in writing, setting forth the circumstances 
necessitating the action and describing the an-
ticipated 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 Re-
serve, is ordered to active duty under section 
12341 of this title for a purpose described in 
subparagraph (A), the service of all units or 
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members so ordered to active duty may be ter-
minated by— 
‘‘(I) order of the President; or 
‘‘(II) law. 
‘‘(ii) Whenever a unit of the Selected Re-
serve 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 subpara-
graph (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 Dis-
trict of Columbia, the Commonwealth of Puerto 
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Rico, the United States Virgin Islands, and 
Guam. 
‘‘(c) ACTIVATION FOR A MAJOR DISASTER OR EMER-
GENCY.—(1) When a Governor requests Federal assist-
ance, 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 or-
dered 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 dis-
aster, a serious natural or manmade accident or ca-
tastrophe, or an act of terrorism (as that term is de-
fined 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. 
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‘‘(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 pro-
viding 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 
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previous maximum period of service prescribed for 
the purpose the member was ordered to active duty. 
‘‘(B) In this paragraph the term ‘missing sta-
tus’ 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 Re-
serve 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 
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fiscal year or years in which such units are an-
ticipated 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 ac-
tive duty and the anticipated length of time of 
the order of such units to active duty on a vol-
untary or an involuntary basis; and 
‘‘(III) the Secretary of the military depart-
ment concerned submits to Congress a report, 
in writing, setting forth the circumstances ne-
cessitating the action taken under section 
12341 for the purpose described in subpara-
graph (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 de-
livered 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 
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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 num-
ber equal to not more than 2 percent of the au-
thorized end strength for the Selected Reserve 
for that reserve component; and 
‘‘(II) the Secretary of Defense may in-
crease the maximum strength authorized in 
clause (i) for a reserve component by a number 
equal to not more than 3 percent of the author-
ized 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 fis-
cal year shall be counted as part of the increase for 
that reserve component for that fiscal year author-
ized 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 termi-
nated by— 
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‘‘(i) order of the Secretary of the mili-
tary 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 Sec-
retary concerned that are required to prepare the 
member for a category I active duty purpose de-
scribed in this section; 
‘‘(C) receiving medical or dental care that is re-
quired 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 
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while serving on active duty under section 12341 of 
this title or full-time National Guard duty under sec-
tion 541 of title 32; 
‘‘(E) undergoing medical evaluation for dis-
ability 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 re-
integration activities approved by the Secretary con-
cerned 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 sup-
porting 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 
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any operation or mission for a purpose described in this 
section, notwithstanding the limitations specified in sec-
tion 12352(f) of this title on the duties a member de-
scribed 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 mem-
ber while performing an operation or mission pursuant to 
subparagraph (A). 
‘‘§ 12352. Category II: active duty purposes 
‘‘(a) DISCIPLINARY PROCEEDINGS.—A member of a 
reserve component may, without the consent of the mem-
ber, be ordered to active duty under section 12342 of this 
title for the purpose of being under the jurisdiction of mili-
tary 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 consecu-
tive 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 compo-
nent may, without the consent of the member, be ordered 
to or retained on active duty under section 12342 of this 
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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 Re-
serve, Navy Reserve, Marine Corps Reserve, Air Force Re-
serve, 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 pur-
pose 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 
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required to perform a period of active duty for training 
required under paragraph (1) if the first day of that pe-
riod falls during the last 120 days of the member’s re-
quired membership in the Ready Reserve. 
‘‘(d) ADDITIONAL TRAINING AND SUPPORT.—At any 
time, a member of a reserve component may, with the con-
sent 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 dis-
ability or other similar purposes; 
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‘‘(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 ap-
proved by the Secretary concerned. 
‘‘(f) ACTIVE GUARD AND RESERVE.—(1) A member 
of a reserve component may, with the consent of the mem-
ber, 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 Sec-
retary 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 as-
signed in whole or in part to the reserve compo-
nents. 
‘‘(B) Supporting operations or missions per-
formed or to be performed by— 
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‘‘(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 compo-
nent 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 Dis-
trict of Columbia, a territory of the United States, 
or a possession of the United States— 
‘‘(i) members of the Armed Forces on ac-
tive duty; 
‘‘(ii) members of foreign military forces 
(under the same authorities and restrictions ap-
plicable to members of the Armed Forces on ac-
tive duty providing such instruction or train-
ing); 
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‘‘(iii) Department of Defense contractor 
personnel; or 
‘‘(iv) Department of Defense civilian em-
ployees. 
‘‘(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 re-
sult, in catastrophic loss of life or property. 
‘‘(iii) The intentional or unintentional release of 
nuclear, biological, or radiological, or toxic or poi-
sonous chemical, materials in the United States that 
results, or could result, in catastrophic loss of life or 
property. 
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‘‘(iv) A natural or manmade disaster in the 
United States that results, or could result, in cata-
strophic 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 per-
forming 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 func-
tions 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 per-
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forming functions described in subparagraph (A) 
during that fiscal year. 
‘‘(F) A reserve component weapons of mass de-
struction civil support team, and any member de-
scribed 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 Serv-
ices 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 mis-
sion requirements. 
‘‘(G) If the Secretary of Defense submits to 
Congress any request for the enactment of legisla-
tion to modify the requirements of subparagraph (A) 
or (C), the Secretary shall provide with the re-
quest— 
‘‘(i) a justification for each such requested 
modification; and 
‘‘(ii) the Secretary’s plan for sustaining the 
qualifications of the personnel and teams de-
scribed in subparagraph (C). 
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‘‘(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 quali-
fied. 
‘‘(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 DETERMINA-
TION.—(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 deter-
mination’), 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 
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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 ac-
tive 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 deter-
mination 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 De-
fense. The guidelines of the Secretary of Defense shall 
provide that— 
‘‘(A) a request submitted by a member de-
scribed in paragraph (1) or (2) to continue on active 
duty, or to be ordered to active duty, shall be de-
cided 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 
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shall be made within 15 days from the date of the 
appeal. 
‘‘§ 12353. Category III: reserve component duty pur-
poses 
‘‘(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 provi-
sion 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 compo-
nent duty under section 12343 of this title for the purpose 
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of updating personnel records and qualifications, docu-
menting 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 re-
quired to devote to muster under this subsection, in-
cluding 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 di-
rectly 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 relat-
ing to the determination of eligibility for and the re-
ceipt of benefits and entitlements provided under 
those titles for members performing reserve compo-
nent 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 
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37 to a member of the Ready Reserve who is not a 
member of the National Guard or the Selected Re-
serve. 
‘‘(D) Muster under this subsection shall not be 
credited in determining entitlement to, or in com-
puting, 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 con-
sent of the member, participate in additional training peri-
ods, including additional flight training periods, under sec-
tion 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 Re-
serve 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 re-
quirements 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 
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‘‘(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 para-
graph (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 trans-
portation 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 sec-
tion 12732(a)(2)(B) of this title. 
‘‘§ 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 assign-
ment under section 12344 of this title for the purpose of 
carrying out— 
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‘‘(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 im-
proves 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 con-
cerned 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). 
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‘‘(c) EXCLUSION FROM CERTAIN BENEFITS
AND 
PROTECTIONS.—A member described in subsection (a) 
who performs pre-approved work or undertakes a pre-ap-
proved course of instruction pursuant to this section shall 
not— 
‘‘(1) be subject to chapter 47 of this title (Uni-
form 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 Na-
tional Guard of the United States or the Air 
National Guard of the United States in the 
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member’s status as a member of the National 
Guard of a State or territory, the Common-
wealth of Puerto Rico, or the District of Colum-
bia being called or ordered to full-time National 
Guard duty under section 541 of title 32; or 
‘‘(C) results in a retired member being or-
dered 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. 
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‘‘515. National Guard Youth Challenge Program of opportunities for civilian 
youth. 
‘‘516. Regulations. 
‘‘517. Definition of reserve component duty. 
‘‘§ 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. 
‘‘§ 512. Assignment and detail of members of Regular 
Army or Regular Air Force for instruc-
tion 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 Presi-
dent 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. 
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‘‘(3) The Secretary of the Air Force may detail mem-
bers of the Regular Air Force to attend training or exer-
cises for field instruction of the Air National Guard. 
‘‘(b) INSTRUCTION.—Members so detailed shall in-
struct 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 com-
manding officer of the National Guard there assembled. 
‘‘§ 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 Na-
tional 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. 
‘‘§ 514. Assistance for certain youth and charitable or-
ganizations 
‘‘(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— 
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‘‘(1) the provision of such services does not ad-
versely affect the quality of that training or other-
wise interfere with the ability of a member or unit 
of the National Guard to perform the military func-
tions of the member or unit; 
‘‘(2) the services to be provided are not com-
mercially available, or any commercial entity that 
would otherwise provide such services has approved, 
in writing, the provision of such services by the Na-
tional 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 author-
ized 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 serv-
ices. 
‘‘(6) Communications services. 
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‘‘§ 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 con-
duct 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 Pro-
gram shall seek to improve life skills and employment po-
tential 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 develop-
ment, promoting fellowship and community service, devel-
oping life coping skills and job skills, improving physical 
fitness, and improving health and hygiene. 
‘‘(b) CONDUCT OF THE PROGRAM.—(1) The Sec-
retary of Defense shall provide for the conduct of the Pro-
gram in such States as the Secretary considers to be ap-
propriate. 
‘‘(2) The Secretary shall carry out the Program 
using— 
‘‘(A) funds appropriated directly to the Sec-
retary of Defense for the Program; and 
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‘‘(B) nondefense funds made available or trans-
ferred to the Secretary of Defense by other Federal 
agencies to support the Program. 
‘‘(3) The Secretary of Defense shall remain the exec-
utive agent to carry out the Program regardless of the 
source of funds for the Program or any transfer of juris-
diction 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 estab-
lish, 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 Na-
tional 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 con-
strued as a limitation on the amount of assistance that 
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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 PRO-
GRAM.—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 ap-
proval 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 sti-
pend upon the successful completion of the training, 
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as characterized in accordance with procedures pro-
vided 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 per-
son 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 con-
ducted may serve on full-time National Guard duty for 
the purpose of providing command, administrative, train-
ing, or supporting services for the Program. For the per-
formance of those services, any such personnel may be or-
dered 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 Na-
tional Guard (if the District of Columbia National Guard 
is participating in the Program) may procure by contract 
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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 per-
forming services for the Program and contractor personnel 
performing such services may be required, when appro-
priate to achieve the purposes of the Program, to be mem-
bers of the National Guard and to wear the military uni-
form. 
‘‘(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 receiv-
ing training under the Program shall be considered an em-
ployee of the United States for the purposes of the fol-
lowing provisions of law: 
‘‘(A) Subchapter I of chapter 81 of title 5 (re-
lating 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 li-
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ability of the United States for tortious conduct of 
employees of the United States. 
‘‘(2) In the application of the provisions of law re-
ferred 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 com-
pensation for a disability shall begin on the day fol-
lowing 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 
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case of the District of Columbia, the commanding general 
of the District of Columbia National Guard may supple-
ment funds made available under the Program out of 
other resources (including gifts) available to the Governor 
or the commanding general. The Governor or the com-
manding 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 effective-
ness 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 car-
ried 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 Common-
wealth 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 indi-
vidual who is no longer attending any school and 
who has not received a secondary school diploma or 
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a certificate from a program of equivalency for such 
a diploma. 
‘‘(3) The term ‘Program’ means the National 
Guard Youth Challenge Program carried out pursu-
ant to this section. 
‘‘(m) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations to carry out the Program. The regu-
lations 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 partici-
pate in the Program, as required by subsection (e). 
‘‘(3) The benefits authorized for Program par-
ticipants, 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 Pro-
gram, as required by subsection (h). 
‘‘(6) The status of Program participants, as de-
scribed in subsection (i). 
‘‘(7) The procedures to be used by the Sec-
retary when communicating with States about the 
Program. 
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‘‘§ 516. Regulations 
‘‘(a) IN GENERAL.—The Secretary of Defense shall 
prescribe such regulations as the Secretary considers nec-
essary to carry out this chapter. 
‘‘(b) BOUNDARY RESTRICTIONS.—(1) Except as pro-
vided 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 Co-
lumbia, a territory of the United States, or a posses-
sion 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 per-
forming 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 
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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 pur-
pose 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 APPRO-
PRIATIONS.—To account for manpower utilization and ex-
penditure of appropriations— 
‘‘(1) each order to full-time National Guard 
duty described in this chapter shall cite the author-
ity and the purpose of the order to duty, and each 
amendment to such order shall cite the new author-
ity or purpose of the duty if the authority or purpose 
changes; and 
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‘‘(2) the purpose of reserve component duty de-
scribed in this chapter and the associated funding 
shall be documented. 
‘‘(e) DUTY WITHOUT PAY.—(1) Subject to other pro-
visions 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 de-
scribed 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 com-
manding officer; or 
‘‘(C) when the member is otherwise in a non- 
pay status. 
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‘‘(f) FUNDING.—Amounts necessary for the pay, sub-
sistence, 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 instruc-
tion. 
‘‘(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 oth-
erwise 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 author-
ity, as applicable, for purposes authorized by the Secretary 
of the Army or the Secretary of the Air Force, as appro-
priate. 
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‘‘§ 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. 
‘‘§ 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 regula-
tions 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 Na-
tional 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 
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‘‘(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 de-
scribed in section 553(c) of this title. 
‘‘(c) PERIOD OF SERVICE.—(1) Each period of re-
serve 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 hos-
tile fire or an imminent danger area. 
‘‘(e) CATEGORY I MISSION EXCLUSION.—A member 
of the National Guard shall not perform reserve compo-
nent 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 
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‘‘(2) to full-time National Guard duty under 
section 541 of this title. 
‘‘§ 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 au-
thority designated by the Governor, at the discretion of 
that authority, may assign a member of the Army Na-
tional 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. 
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‘‘(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 sub-
section (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 de-
termined by the member, subject to any completion dead-
line 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. 
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‘‘§ 551. Category I: full-time National Guard duty pur-
poses 
‘‘(a) PRESIDENT OR SECRETARY OF DEFENSE RE-
QUEST.—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, with-
out the consent of the member, be ordered to or retained 
on full-time National Guard duty for the purpose de-
scribed in paragraph (1) for a period of not more than 
180 days, except that the Governor of the State may ex-
tend, 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 Com-
monwealth of Puerto Rico, Guam, and the United States 
Virgin Islands. 
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‘‘(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 Sec-
retary concerned that are required to prepare the 
member for a category I active duty purpose de-
scribed 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 sec-
tion 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 dis-
ability separation or retirement under chapter 61 of 
this title for an injury, illness, or disease incurred or 
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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 re-
integration activities approved by the Secretary of 
Defense following service on active duty under sec-
tion 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 author-
ized to perform. 
‘‘(C) Funds available for the pay and allowances of 
a member described in subparagraph (A) for performing 
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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 sub-
paragraph (A). 
‘‘§ 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 Sec-
retary 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 SUP-
PORT.—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— 
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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 Acad-
emy, to pursue a regular course of study at 
the school; or 
‘‘(ii) attaching to an organization of 
the Air Force corresponding to the organi-
zation 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 Sec-
retary of the Air Force, as the case may be, but only 
to the extent that such training operation or train-
ing mission is solely to instruct active duty military, 
foreign military (under the same authorities and re-
strictions applicable to active duty troops), Depart-
ment of Defense contractor personnel, or Depart-
ment of Defense civilian employees. 
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‘‘(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, train-
ing, 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 Sec-
retary of the Air Force; 
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‘‘(6) undergoing medical evaluation for dis-
ability or for other similar purposes; or 
‘‘(7) performing an activity or requirement au-
thorized by the Secretary of Defense. 
‘‘(d) ACTIVE GUARD AND RESERVE.—(1) The Gov-
ernor of a State, the Commonwealth of Puerto Rico, 
Guam, or the United States Virgin Islands, or the com-
manding general of the District of Columbia National 
Guard may, with the consent of the member, order a mem-
ber of the National Guard to full-time National Guard 
duty under section 542 of this title for the purpose of per-
forming the Active Guard and Reserve functions of orga-
nizing, 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 Sec-
retary 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 
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member’s primary Active Guard and Reserve functions de-
scribed in paragraph (1). 
‘‘(3) A member performing Active Guard and Reserve 
functions pursuant to paragraph (1) may perform func-
tions in support of emergency preparedness programs de-
scribed 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 sup-
port 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 com-
manding 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. 
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‘‘(B) Training performed under subparagraph (A) 
must be performed in the United States or the Common-
wealth 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 DETERMINA-
TION.—(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 de-
termination 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. 
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‘‘(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 deter-
mination 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 De-
fense. The guidelines of the Secretary of Defense shall 
provide that— 
‘‘(A) a request submitted by a member de-
scribed 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 with-
in 15 days from the date of the appeal. 
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‘‘§ 553. Category III: reserve component duty pur-
poses 
‘‘(a) REQUIRED TRAINING.—(1) Under regulations 
to be prescribed by the Secretary of the Army or the Sec-
retary 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 com-
ponent 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 attend-
ance 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 
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number of formations the member attends during the se-
ries constituting the assembly for the required period. 
‘‘(5) No organization may receive credit for an assem-
bly 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 or-
ders may receive credit for attending an assembly for the 
purposes of this section, if the flight prevented the mem-
ber from attending a regularly scheduled assembly. 
‘‘(b) ADDITIONAL TRAINING.—A member of the Na-
tional Guard may, with the consent of the member, per-
form 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 
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of the member, perform reserve component duty under 
section 543 of this title for the purpose of— 
‘‘(A) providing administrative support to pre-
pare for unit training; 
‘‘(B) preparing for or performing funeral hon-
ors 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 trans-
portation 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 sec-
tion 12732(a)(2)(B) of title 10. 
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‘‘§ 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 im-
proves the military readiness of the member. 
‘‘(b) COMPENSATION.—At a rate and under terms de-
termined by the Secretary of Defense and only upon suc-
cessful completion of pre-approved work or a course of in-
struction 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 
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‘‘(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-ap-
proved 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 re-
serve component duty, except as provided in sub-
section (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 sec-
tion 101(a)(13)(B) of title 10’’ and inserting 
‘‘or full-time National Guard duty in support of 
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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 sec-
tion 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 sec-
tion 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 in-
serting ‘‘, full-time military service for 
a State, the District of Columbia, the 
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100 
(B) in subparagraphs (A) and (B) of para-
graph (11), by inserting ‘‘or full-time National 
Guard duty’’ after ‘‘active duty’’ each place it 
appears; 
(5) in subsection (a) of section 8102a, by strik-
ing ‘‘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)— 
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101 
(A) in clause (iii), by striking ‘‘in support 
of a contingency operation (as defined in sec-
tion 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 DEVELOP-
MENT ACT.—Subsection (a) of section 332 of the Consoli-
dated 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— 
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102 
(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 com-
ponent’’ after ‘‘active duty’’; 
(ii) in subparagraph (B), by striking 
‘‘active Guard and Reserve duty’’ and in-
serting ‘‘Active Guard and Reserve func-
tions 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 
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103 
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 fol-
lowing: 
‘‘(B) Subparagraph (A) applies to the fol-
lowing members: 
‘‘(i) A member on active duty, other 
than a member of a reserve component. 
‘‘(ii) A member of a reserve compo-
nent 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 compo-
nent 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 insert-
ing ‘‘in support of a contingency operation’’; 
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104 
(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 ac-
tive 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 in-
serting ‘‘served on such duty.’’; 
(6) in subsection (d) of section 1074— 
(A) by striking paragraph (2); and 
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105 
(B) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A)— 
(I) by striking ‘‘a delayed-effec-
tive-date active-duty order’’ and in-
serting ‘‘an order to report for active 
duty or full-time National Guard duty 
in support of a contingency oper-
ation’’; 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 pur-
poses’’ 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), respec-
tively; 
(7) in section 1074a— 
(A) in subsection (a)— 
(i) in each of paragraphs (1) and 
(2)— 
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106 
(I) in subparagraph (A), by in-
serting ‘‘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 ‘‘in-
active-duty training’’ and inserting ‘‘re-
serve component duty’’ each place it ap-
pears; and 
(iii) by striking paragraph (4); 
(B) in the matter preceding subparagraph 
(A) of subsection (d)(1), by striking ‘‘mobiliza-
tion’’ 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 train-
ing’’ and inserting ‘‘reserve component 
duty’’; and 
(ii) by striking ‘‘unit training assem-
blies’’ and inserting ‘‘periods of such 
duty’’; 
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110 
(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 mus-
tered 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 ‘‘sec-
tion 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 sec-
tion 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 Sec-
retary concerned may require as a condition of 
that order that the member waive the applica-
bility of subsection (a) to the member for the 
period of such duty covered by that order.’’; 
and 
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111 
(B) in the second sentence, by striking 
‘‘before the period of active duty begins’’ and 
inserting ‘‘before the period of such duty be-
gins’’; 
(18) in paragraph (2) of section 12731(f), by 
striking subparagraph (B) and inserting the fol-
lowing: 
‘‘(B) Active service described in this sub-
paragraph is service on active duty or full-time 
National Guard duty in support of a contin-
gency operation.’’; 
(19) in paragraph (2) of section 12732(a)— 
(A) by striking subparagraph (A) and in-
serting the following: 
‘‘(A) One point for each day of active serv-
ice.’’; 
(B) by striking subparagraph (B) and in-
serting 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 in-
serting the following: 
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112 
‘‘(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-ap-
proved 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)— 
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113 
(I) by inserting ‘‘or full-time Na-
tional 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 subpara-
graph (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 
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114 
(23) in paragraph (4) of section 16133(b)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘pursuant to’’ and all that fol-
lows 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 insert-
ing ‘‘or full-time National Guard duty’’ after ‘‘active 
duty’’; and 
(2) in subparagraph (D)— 
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(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 re-
leased 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’’. 
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(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 provi-
sion 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 op-
eration (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 in-
serting ‘‘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 Reserv-
ist and Veteran Small Business Reauthorization and Op-
portunity Act of 2008 (15 U.S.C. 636 note; Public Law 
101–186) is amended by inserting ‘‘, and such term in-
cludes full-time National Guard duty’’ after ‘‘United 
States Code’’. 
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117 
(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 ac-
tive duty under a provision of law referred to’’ and insert-
ing ‘‘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— 
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(l) HIGHER EDUCATION ACT OF 1965.—The Higher 
Education Act of 1965 (20 U.S.C. 1001 et seq.) is amend-
ed— 
(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 contin-
gency operation (as that term is defined in sec-
tion 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 
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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 fol-
lowing new paragraph: 
‘‘(2) ACTIVE SERVICE.—The term ‘active serv-
ice’ has the meaning given such term in section 
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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 serv-
ice 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 con-
tingency 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 insert-
ing ‘‘of title 10, United States Code’’; and 
(4) in paragraph (7), as redesignated by para-
graph (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 sec-
tion 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— 
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(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 In-
novation 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 Na-
tional Guard duty in support of a contingency oper-
ation (as that term is defined in section 101(a)(13) 
of title 10, United States Code),’’. 
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123 
(p) TITLE 37, UNITED STATES CODE.—(1) The fol-
lowing 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 fur-
ther— 
(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 in-
struction’’; and 
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(cc) by striking ‘‘while not in 
Federal service in connection with cor-
respondence courses of a uniformed 
service’’; 
(II) by amending paragraph (2) to 
read as follows: 
‘‘(2) A member of the Ready Reserve or Stand-
by Reserve in an active status may be paid com-
pensation 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 specifi-
cally 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 Inac-
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125 
tive Air National Guard) may be paid compensation 
under this section at a rate and under terms deter-
mined by the Secretary of Defense and authorized 
by the Secretary concerned, but not to exceed the 
rate otherwise applicable to the member under sub-
section (a), upon the member’s successful completion 
of work or a course of instruction specifically and in-
dividually 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 sub-
clause (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 equiv-
alent 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 compo-
nent duty prescribed by the Secretary con-
cerned 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.’’; 
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126 
(B) in subparagraph (A) of section 316(d)(1), 
by striking ‘‘in connection with a contingency oper-
ation’’ 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 pre-
ceding 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 
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term is defined in section 101(a)(13) of title 
10) other than a member on active duty per-
forming 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 per-
forming 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 sec-
tion 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’’. 
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128 
(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 con-
tingency 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 insert-
ing ‘‘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), 
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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 ‘‘sec-
tion 
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 op-
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130 
eration (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 sec-
tion 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 insert-
ing ‘‘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 
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131 
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 emer-
gency declared by the President or the Con-
gress;’’; 
(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 
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132 
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 insert-
ing the following: 
‘‘(1) SERVICEMEMBER.—The term ‘servicemem-
ber’ 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 mem-
ber 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), respec-
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134 
(i) by redesignating paragraphs (2) 
and (3) as paragraphs (3) and (4), respec-
tively; 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 mean-
ing 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 or-
dered to active duty or full-time National Guard 
duty for a period of more than one year.’’. 
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(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 COMPO-
NENT DUTY.— 
(1) IN GENERAL.—The following provisions of 
law are each amended by inserting ‘‘or reserve com-
ponent duty’’ after ‘‘active duty’’ each place it ap-
pears: 
(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. 
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136 
(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 sub-
section heading, by inserting ‘‘OR RESERVE COM-
PONENT DUTY’’ after ‘‘ACTIVE DUTY’’. 
(b) DEATH WHILE PERFORMING FULL-TIME NA-
TIONAL 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. 
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137 
(c) POSTHUMOUS CITIZENSHIP OR NATURALIZATION 
OF SURVIVING NEXT OF KIN.—The Immigration and Na-
tionality 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 in-
serting ‘‘DURING MILITARY SERVICE’’; and 
(B) in paragraph (1) of subsection (b), by 
striking ‘‘in an active-duty status’’ and insert-
ing ‘‘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; 
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138 
(2) by redesignating subparagraph (C) as sub-
paragraph (D); and 
(3) by inserting after subparagraph (B), as 
amended by paragraph (1), the following new sub-
paragraph: 
‘‘(C) who is described in section 1448(f)(1) 
of this title; or’’. 
(e) PAYMENT OF UNUSED ACCRUED LEAVE.—Para-
graph (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 ASSIST-
ANCE 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.—Para-
graphs (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, ac-
tive Guard and Reserve duty, or inactive-duty training’’ 
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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 Na-
tional 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 Na-
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140 
tional 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 ‘‘Ex-
cept 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 strik-
ing ‘‘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— 
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141 
(A) in subparagraph (M) of section 
428(b)(1) (20 U.S.C. 1078(b)(1)(M)), by strik-
ing 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 emer-
gency (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 fol-
lowing 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: 
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142 
‘‘(A) is serving on active duty during a war 
or other military operation or national emer-
gency (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 emer-
gency (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 de-
fined in section 481); or’’; and 
(ii) in subparagraph (B), by striking 
clause (i) and inserting the following: 
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143 
‘‘(i) is a spouse of an individual who 
is serving on active duty during a war or 
other military operation or national emer-
gency (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 subpara-
graphs (C) through (E) as subpara-
graphs (D) through (F), respectively; 
and 
(II) by striking subparagraph (B) 
and inserting the following new sub-
paragraphs: 
‘‘(B) in the case of a member of a reserve 
component, active duty other than for train-
ing— 
‘‘(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 
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‘‘(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 sub-
paragraph: 
‘‘(A) full-time duty in the Armed Forces 
performed by a member of a reserve compo-
nent— 
‘‘(i) under section 12341 of title 10, 
for the purpose of training as described in 
section 12351(e)(1)(A) of title 10; or 
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145 
‘‘(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 sub-
paragraph: 
‘‘(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 sec-
tion 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 sub-
paragraph (A), by striking ‘‘inactive 
duty training’’ and inserting ‘‘reserve 
component duty’’; 
(II) in subparagraph (A)— 
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146 
(aa) by striking ‘‘Reserves’’ 
and inserting ‘‘a member of a re-
serve component’’; and 
(bb) by striking ‘‘section 
206 of title 37 or any other pro-
vision of law’’ and inserting ‘‘sec-
tion 12343 of title 10’’; 
(III) by redesignating subpara-
graphs (B) and (C) as subparagraphs 
(C) and (D), respectively; 
(IV) by inserting after subpara-
graph (A) the following new subpara-
graph: 
‘‘(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 re-
designated by subclause (III) of this 
clause, by striking ‘‘Reserves’’ and in-
serting ‘‘a member of a reserve com-
ponent’’; and 
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147 
(VI) in the matter following sub-
paragraph (D), as redesignated by 
subclause (III) of this clause— 
(aa) in the second sen-
tence— 
(AA) by striking ‘‘or 
(iii)’’ and inserting ‘‘(iii)’’; 
and 
(BB) by striking the 
period at the end and insert-
ing ‘‘, or (iv) work or a 
course of instruction as-
signed 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 mat-
ter preceding clause (i), by striking ‘‘inac-
tive duty training’’ and inserting ‘‘reserve 
component duty’’; 
(B) in section 1965— 
(i) in paragraph (1)— 
(I) by redesignating subpara-
graphs (B) through (D) as subpara-
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148 
graphs (D) through (F), respectively; 
and 
(II) by inserting after subpara-
graph (A) the following new subpara-
graphs: 
‘‘(B) in the case of a member of a reserve 
component, active duty other than for train-
ing— 
‘‘(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 
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149 
‘‘(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 sub-
paragraph: 
‘‘(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 
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150 
State, full-time National Guard duty per-
formed— 
‘‘(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 sub-
section (a) or (b) of section 552 of such 
title;’’; 
(iii) by striking paragraphs (3) and 
(4) and inserting the following new para-
graphs: 
‘‘(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 Na-
tional Guard of any State, duty under section 
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151 
543 of title 32, for purposes described in sec-
tion 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 Serv-
ice, duty prescribed or authorized (other than 
full-time duty), which duty is scheduled in ad-
vance by competent authority to begin at a spe-
cific 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 as-
signed under section 12344 of title 10 or sec-
tion 544 of title 32; or 
‘‘(iii) attendance at an educational institu-
tion in an inactive status.’’; and 
(iv) in paragraph (5)— 
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152 
(I) in subparagraphs (A) and 
(B), by striking ‘‘inactive duty train-
ing’’ and inserting ‘‘reserve compo-
nent duty’’; and 
(II) in subparagraph (C), by 
striking 
‘‘as 
defined 
in 
section 
12304(i)(1)’’ and inserting ‘‘as de-
scribed in section 10144(b)(1)’’; 
(C) by striking paragraph (7) of section 
3002 and inserting the following new para-
graph: 
‘‘(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, re-
cruiting, 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 
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153 
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 fol-
lowing provisions of title 10, United States Code, are re-
pealed: 
(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 fol-
lowing provisions of title 32, United States Code, are re-
pealed: 
(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 amend-
ed— 
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155 
(A) in paragraph (16) of subsection (b), by 
striking ‘‘pursuant to section 12301(d) of this 
title’’ and all that follows through the period at 
the end and inserting ‘‘pursuant to section 
12342 of this title, or a member of the Army 
National Guard or Air National Guard who is 
on full-time National Guard duty pursuant to 
section 542 of title 32, and is performing Active 
Guard and Reserve functions.’’; 
(B) in subsection (c), by adding at the end 
the following new paragraph: 
‘‘(8)(A) The term ‘Active Guard and Reserve 
functions’ means active duty performed by a member 
of a reserve component pursuant to section 12352(f) 
of this title, or full-time National Guard duty per-
formed 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 or territory, the 
Commonwealth of Puerto Rico, or the District of 
Columbia pursuant to section 552(d) of title 32, for 
a period of 180 consecutive days or more for the 
purpose of organizing, administering, recruiting, in-
structing, or training the reserve components. 
‘‘(B) Such term does not include the following: 
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156 
‘‘(i) Duty performed as a member of the 
Reserve Forces Policy Board provided for under 
section 10301 of this title. 
‘‘(ii) Duty as a property and fiscal officer 
under section 708 of title 32. 
‘‘(iii) Duty performed for the purpose of 
interdiction and counter-drug activities for 
which funds have been provided under section 
112 of title 32. 
‘‘(iv) Duty performed as a general or flag 
officer. 
‘‘(v) Service as a State director of the Se-
lective Service System under section 10(b)(2) of 
the Military Selective Service Act (50 U.S.C. 
3809(b)(2)).’’; and 
(C) in subsection (d)— 
(i) in paragraph (5)— 
(I) by striking ‘‘inactive duty’’ 
and inserting ‘‘reserve component 
duty’’; and 
(II) by striking ‘‘section 316, 
502, 503, 504, or 505 of title 32’’ and 
inserting ‘‘section 541 or 542 of title 
32’’; 
(ii) by repealing paragraph (6); 
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157 
(iii) by striking paragraph (7) and in-
serting the following new paragraph: 
‘‘(7) The term ‘reserve component duty’ 
means— 
‘‘(A) duty prescribed for a member of a re-
serve component, or a member of the Space 
Force, under section 12343 of this title for the 
purpose of— 
‘‘(i) training as described in sub-
section (a) or (c) of section 12353 of this 
title; 
‘‘(ii) muster as described in section 
12353(b) of this title; or 
‘‘(iii) support activities or require-
ments performed by a member on a vol-
untary basis in connection with the pre-
scribed training, maintenance, or support 
activities of the unit to which the member 
is assigned that are authorized for a mem-
ber of a reserve component as described in 
section 12353(d) of this title; or 
‘‘(B) duty prescribed for a member of the 
Army National Guard or Air National Guard of 
a State or territory, the Commonwealth of 
Puerto Rico, or the District of Columbia by the 
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Secretary of the Army or Secretary of the Air 
Force under section 543 of title 32 for the pur-
pose of— 
‘‘(i) training as described in sub-
section (a) or (b) of section 553 of title 32; 
or 
‘‘(ii) support activities or require-
ments performed by a member on a vol-
untary basis in connection with the pre-
scribed training, maintenance, or support 
activities of the unit to which the member 
is assigned that are authorized for a mem-
ber of the Army National Guard or Air 
National Guard as described in section 
553(c) of title 32.’’; and 
(iv) by adding at the end the following 
new paragraph: 
‘‘(8) The term ‘remote assignment’ means— 
‘‘(A) pre-approved work that is specifically 
and individually assigned— 
‘‘(i) to a member of the Ready Re-
serve or Standby Reserve in an active sta-
tus under section 12344 of this title for 
the 
purpose 
described 
in 
section 
12354(a)(1) of this title; or 
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‘‘(ii) to a member of the Army Na-
tional Guard (other than a member as-
signed to the Inactive Army National 
Guard) or Air National Guard (other than 
a member assigned to the Inactive Air Na-
tional Guard) under section 544 of title 32 
for the purpose described in section 
554(a)(1) of such title; or 
‘‘(B) a pre-approved course of instruction 
that is specifically and individually assigned— 
‘‘(i) to a member of the Ready Re-
serve or Standby Reserve in an active sta-
tus under section 12344 of this title for 
the 
purpose 
described 
in 
section 
12354(a)(2) of this title; or 
‘‘(ii) to a member of the Army Na-
tional Guard (other than a member as-
signed to the Inactive Army National 
Guard) or Air National Guard (other than 
a member assigned to the Inactive Air Na-
tional Guard) under section 544 of title 32 
for the purpose described in section 
554(a)(2) of such title.’’; 
(2) in section 115— 
(A) in subsection (b)— 
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(i) in the subsection heading, by in-
serting ‘‘OR FULL-TIME NATIONAL 
GUARD DUTY’’ after ‘‘ACTIVE DUTY’’; 
(ii) in paragraph (1)— 
(I) in subparagraph (A)— 
(aa) by striking ‘‘section 
12301(d) of this title’’ and in-
serting ‘‘section 12342 of this 
title’’; and 
(bb) by inserting ‘‘as de-
scribed in section 12352(d)(2) of 
this title’’ after ‘‘operational sup-
port’’; 
(II) in subparagraph (B)— 
(aa) by striking ‘‘section 
502(f)(1)(B) of title 32’’ and in-
serting ‘‘section 542 of title 32’’; 
and 
(bb) by inserting ‘‘as de-
scribed in section 552(c)(4) of 
title 32’’ after ‘‘operational sup-
port’’; 
(III) in subparagraph (C), by 
striking ‘‘section 12301(d) of this title 
or full-time National Guard duty 
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under section 502(f)(1)(B) of title 
32’’ and inserting ‘‘section 12342 of 
this title or full-time National Guard 
duty under section 542 of title 32’’; 
(IV) in subparagraph (D)— 
(aa) by striking ‘‘sections 
12301(g) of this title while in a 
captive status’’ and inserting 
‘‘section 12341 of this title while 
in a missing or captive status as 
described in section 12351(d)(1) 
of this title, or under section 
12342 of this title while in a 
missing status as described in 
section 12352(b) of this title’’; 
and 
(bb) by striking ‘‘or’’ at the 
end; and 
(V) by striking subparagraph (E) 
and inserting the following new sub-
paragraphs: 
‘‘(E) active duty or retained on active duty 
for the purpose of medical care or treatment 
under— 
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‘‘(i) section 12341 of this title as de-
scribed in subparagraph (D) or (E) of sec-
tion 12351(e)(1) of this title; or 
‘‘(ii) section 12342 of this title as de-
scribed in paragraph (2) or (3) of section 
12351(e) of this title; or 
‘‘(F) full-time National Guard duty or re-
tained on full-time National Guard duty for the 
purpose of medical evaluation or treatment 
under— 
‘‘(i) section 541 of title 32 as de-
scribed in subparagraph (D) or (E) of sec-
tion 551(c)(1) of such title; or 
‘‘(ii) section 542 of title 32 as de-
scribed in paragraph (5) or (6) of section 
552(c) of such title.’’; 
(iii) in subparagraph (B) of para-
graph (3), by striking ‘‘paragraphs (1) 
through (8)’’ and inserting ‘‘paragraphs 
(1) and (2)’’; and 
(iv) in subparagraph (B) of paragraph 
(4), by inserting ‘‘or full-time National 
Guard duty’’ after ‘‘active duty’’; 
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(B) in paragraph (4) of subsection (f), by 
inserting ‘‘or full-time National Guard duty’’ 
after ‘‘active duty’’; and 
(C) in subsection (i)— 
(i) in paragraph (1), by striking ‘‘sec-
tion 12301(a) of this title’’ and inserting 
‘‘section 12341 of this title’’; 
(ii) 
by 
striking 
paragraphs 
(2) 
through (6); 
(iii) by redesignating paragraphs (7) 
through (12) as paragraphs (2) through 
(7), respectively; 
(iv) in paragraph (2), as so redesig-
nated, by striking ‘‘section 502(f)(1)(A) of 
title 32’’ and inserting ‘‘section 541 of title 
32’’; 
(v) in paragraph (7), as so redesig-
nated, by striking ‘‘section 509 of title 32’’ 
and inserting ‘‘section 515 of title 32’’; 
and 
(vi) by striking paragraph (13); 
(3) in subsections (b)(1) and (c) of section 277, 
by striking ‘‘section 502(f) of title 32’’ and inserting 
‘‘section 541 of title 32’’; 
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(A) in the section heading, by striking 
‘‘inactive-duty training’’ and inserting 
‘‘reserve component duty’’; 
(B) in paragraph (2)— 
(i) 
subparagraphs 
(A)(i), 
(A)(iii), 
(B)(i), and (B)(iii), by striking ‘‘inactive- 
duty training’’ each place it appears and 
inserting ‘‘reserve component duty’’; 
(ii) in clause (iii) of subparagraph 
(A), by striking the semicolon at the end 
and inserting ‘‘; or’’; 
(iii) in clause (iii) of subparagraph 
(B), by striking ‘‘or’’ at the end; and 
(iv) by striking subparagraph (C); 
(25) in section 1206— 
(A) in the section heading, by striking 
‘‘inactive-duty training’’ and inserting 
‘‘reserve component duty’’; 
(B) in paragraph (2), by striking ‘‘in line 
of duty—’’ and all that follows through sub-
paragraph (B) and inserting ‘‘in the line of 
duty while— 
‘‘(A) performing active duty or reserve 
component duty; 
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172 
(33) in paragraph (2) of section 1481(a)— 
(A) in subparagraphs (B), (C), (D), (E), 
and (F), by striking ‘‘inactive-duty training’’ 
each place it appears and inserting ‘‘reserve 
component duty’’; 
(B) in subparagraph (E), by striking the 
semicolon at the end and inserting ‘‘; or’’; 
(C) in subparagraph (F), by striking ‘‘; 
or’’ at the end and inserting a period; and 
(D) by striking subparagraph (G); 
(34) in paragraph (2) of section 2012(e), by 
striking ‘‘section 508 of title 32’’ and inserting ‘‘sec-
tion 514 of title 32’’; 
(35) in subparagraph (A) of section 2601(b)(1), 
by striking ‘‘section 502(f) of title 32’’ and inserting 
‘‘section 541 or 542 of title 32’’; 
(36) in paragraph (2) of section 7341(a), by 
striking ‘‘under section 1370a’’ and inserting ‘‘sec-
tion 12771’’; 
(37) in subsection (a) of section 8262, by strik-
ing ‘‘or section 1370a’’ and inserting ‘‘or section 
12771’’; 
(38) in paragraph (3) of section 8146(c), by 
striking ‘‘training, or drilling’’ and inserting ‘‘or 
training’’; 
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(39) in subsection (a) of section 8323, by strik-
ing ‘‘or section 1370a’’ and inserting ‘‘or section 
12771’’; 
(40) in paragraph (2) of section 9341(a), by 
striking ‘‘under section 1370a of this title’’ and in-
serting ‘‘under section 12771 of this title’’; 
(41) in subsection (c) of section 10141, in the 
first sentence, by striking ‘‘the number and duration 
of drills’’ and inserting ‘‘the number and duration of 
required periods of reserve component duty’’; 
(42) in section 10142— 
(A) in subsection (a), by striking ‘‘sections 
12301 and 12302 of this title’’ and inserting 
‘‘sections 12341 and 12342 of this title’’; and 
(B) in subsection (b), by inserting ‘‘of the 
armed forces’’ after Ready Reserve 
(43) in subsection (a) of section 10143, by 
striking ‘‘section 10147(a)(1) of this title or section 
502(a) of title 32’’ and inserting ‘‘sections 12352(c) 
or 12353(a) of title 10 or section 552(a) or 553(a) 
of title 32’’; 
(44) in paragraph (1) of section 10144(b), in 
the matter preceding subparagraph (A), by striking 
‘‘section 12304 of this title’’ and inserting ‘‘section 
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12341 of this title for the purpose described in sec-
tion 12351(b)(3) of this title’’; 
(45) in section 10151, by striking ‘‘sections 
12301 and 12306 of this title’’ and inserting ‘‘sec-
tion 12341 of this title for the purpose described in 
section 12351(a) of this title’’; 
(46) in subsection (b) of section 10207— 
(A) by striking ‘‘the mobilization resulting 
from’’; and 
(B) by inserting ‘‘or full-time National 
Guard duty’’ after ‘‘active duty’’; 
(47) in paragraphs (1)(A) and (2)(A) of section 
10215(a), by striking ‘‘section 12301(d) of this 
title’’ and inserting ‘‘section 12342 of this title’’; 
(48) in paragraph (1) of section 10508(b), by 
striking ‘‘or section 328 of title 32,’’ and inserting 
‘‘or section 12342 of this title,’’; 
(49) in paragraph (9) of section 10541(b), by 
striking ‘‘sections 251, 252, 253, 12304(b), and 
12406 of this title’’ and inserting ‘‘sections 
12351(b)(1) and 12351(b)(3)(B) of this title’’; 
(50) in section 12011— 
(A) in paragraphs (1) and (2) of sub-
section (a), by striking ‘‘full-time reserve com-
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175 
ponent duty’’ and inserting ‘‘covered duty for 
the purposes described in subsection (e)’’; 
(B) in subsections (b) and (d), by striking 
‘‘full-time reserve component duty’’ each place 
it appears and inserting ‘‘covered duty’’; and 
(C) by striking subsection (e) and inserting 
the following new subsection: 
‘‘(e) COVERED DUTY DEFINED.—In this section, the 
term ‘covered duty’ means service on active duty under 
section 12342 of this title, and full-time National Guard 
duty under section 542 of title 32, for the following pur-
poses: 
‘‘(1) Active duty for the purpose described in 
section 10211, 10302, 10303, 10304, 10305, 
12352(f), or 12402 of this title. 
‘‘(2) Full-time National Guard duty for the 
purpose described in section 552(b)(2), 552(c)(1), 
552(c)(3), or 552(d) of title 32. 
‘‘(3) Active duty for the purpose described in 
section 708 of title 32.’’; 
(51) in section 12012— 
(A) in subsection (a)— 
(i) by striking ‘‘full-time reserve com-
ponent duty’’ and inserting ‘‘covered 
duty’’; and 
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(ii) by striking ‘‘section 10211 or 
12310, or full-time National Guard duty 
under the authority of section 502(f) of 
title 32 (other than for training) in connec-
tion with organizing, administering, re-
cruiting, instructing, or training the re-
serve components or the National Guard’’ 
and inserting ‘‘section 12342 of this title, 
for the purpose described in section 10211 
or 12352(f) of this title, or full-time Na-
tional Guard duty under section 542 of 
title 32, for the purpose described in sec-
tion 552(d) of title 32,’’; 
(B) in subsection (b), by striking ‘‘full-time 
reserve component duty’’ each place it appears 
and inserting ‘‘covered duty’’; and 
(C) by striking subsection (e) and inserting 
the following: 
‘‘(e) COVERED DUTY DEFINED.—In this section, the 
term ‘covered duty’ means duty for the purposes described 
in section 12011(e) of this title.’’; 
(52) in subsection (a) of section 12402— 
(A) by striking ‘‘The President may, with 
their consent, order’’ and inserting ‘‘Pursuant 
to section 10508 of this title,’’; and 
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177 
(B) by striking ‘‘to active duty in the Na-
tional Guard Bureau’’ and inserting ‘‘may, with 
their consent, be ordered to active duty under 
section 12342 of this title for duty in the Na-
tional Guard Bureau’’; 
(53) in paragraph (3) of subsections (a) and (b) 
of section 12602— 
(A) by striking ‘‘inactive-duty training’’ 
each place it appears and inserting ‘‘reserve 
component duty’’; and 
(B) by striking ‘‘section 502 of title 32’’ 
and inserting ‘‘section 543(a) of title 32’’; 
(54) in section 12603— 
(A) in the section heading, by striking 
‘‘Attendance at inactive-duty training 
assemblies’’ and inserting ‘‘Attend re-
serve component duty’’; and 
(B) in subsection (a), by striking ‘‘inactive 
duty training’’ and inserting ‘‘reserve compo-
nent duty’’; 
(55) in chapter 1225— 
(A) by striking section 12771; 
(B) by transferring section 1370a to ap-
pear before section 12772 and redesignating 
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178 
such section, as so transferred, as section 
12771; and 
(C) in section 12771, as so transferred and 
redesignated— 
(i) by amending the section heading to 
read as follows: 
‘‘§ 12771. Reserve officers: grade on transfer to Re-
tired Reserve’’; 
(ii) in subsection (g)(1), by inserting 
‘‘or an adjustment made pursuant to sub-
section (h)’’ after ‘‘determination author-
ized by subsection (e)’’; 
(iii) by redesignating subsection (h) as 
subsection (i); and 
(iv) by inserting after subsection (g) 
the following new subsection: 
‘‘(h) EFFECT OF SUBSEQUENT RECALL TO ACTIVE 
STATUS.—If a member of the Retired Reserve who is a 
commissioned officer is recalled to an active status in the 
Selected Reserve of the Ready Reserve under section 
10145(d) of this title and completes not less than 2 years 
of service in such active status, the member is entitled to 
an adjustment in the retired grade of the member in the 
manner provided in subsection (a) of this title.’’; and 
(56) in section 18505— 
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(A) in the section heading, by striking 
‘‘inactive-duty training’’ and inserting 
‘‘reserve component duty’’; and 
(B) in subsection (a)— 
(i) by striking ‘‘inactive-duty train-
ing’’ each place it appears and inserting 
‘‘reserve component duty’’; and 
(ii) by striking ‘‘unit training assem-
bly’’ and inserting ‘‘unit training location’’. 
(d) EMERGENCY SUPPLEMENTAL APPROPRIATIONS 
FOR DEFENSE AND FOR THE RECONSTRUCTION OF IRAQ 
AND AFGHANISTAN, 2004.—Paragraphs (7) and (8) of 
section 1120(b) of the Emergency Supplemental Appro-
priations Act for Defense and for the Reconstruction of 
Iraq and Afghanistan, 2004 (Public Law 108–106; 10 
U.S.C. 113 note) are amended by striking ‘‘section 12304 
of title 10, United States Code’’ and inserting ‘‘section 
12341 of title 10, United States Code, for the purpose 
described in section 12351(b)(3) of such title’’. 
(e) DEPARTMENT OF DEFENSE APPROPRIATIONS 
ACT, 2005.—Paragraphs (7) and (8) of section 9010(b) 
of the Department of Defense Appropriations Act, 2005 
(Public Law 108–287; 10 U.S.C. 113 note), are amended 
by striking ‘‘section 12302 of title 10, United States 
Code’’ and inserting ‘‘section 12341 of title 10, United 
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180 
States Code, for the purpose described in section 
12351(b)(2) of such title’’. 
(f) NATIONAL DEFENSE AUTHORIZATION ACT FOR 
FISCAL YEAR 1987.—Paragraph (1) of section 403(b) of 
the National Defense Authorization Act for Fiscal Year 
1987 (Public Law 99–661; 10 U.S.C. 521 note) is amend-
ed— 
(1) by striking subparagraph (B) and inserting 
the following new subparagraph: 
‘‘(B) on active duty— 
‘‘(i) under section 12341 of title 10, 
United States Code, for the purpose de-
scribed in section 12351(a) of such title; or 
‘‘(ii) under section 12342 of title 10, 
United States Code, for a purpose de-
scribed in section 10211, 10302, 10303, 
10304, 10305, or 12402 of such title or 
section 708 of title 32, United States 
Code;’’; 
(2) in subparagraph (C), by striking ‘‘section 
12301(d) of title 10, United States Code,’’ and in-
serting ‘‘section 12342 of title 10, United States 
Code,’’; 
(3) in subparagraph (D), by striking ‘‘to pursue 
special work’’ and inserting ‘‘under section 12342 of 
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181 
title 10, United States Code, to provide operational 
support described in section 12352(d)(2) of such 
title’’; and 
(4) in subparagraph (E), by striking ‘‘section 
12304 of title 10, United States Code’’ and inserting 
‘‘section 12341 of title 10, United States Code, for 
a purpose described in section 12351(b)(3) of such 
title’’. 
(g) WILLIAM M. (MAC) THORNBERRY NATIONAL DE-
FENSE AUTHORIZATION ACT FOR FISCAL YEAR 2021.— 
Section 508(c) of the William M. (Mac) Thornberry Na-
tional Defense Authorization Act for Fiscal Year 2021 
(Public Law 116–283) is amended by striking ‘‘section 
1370a of title 10’’ and inserting ‘‘section 12771 of title 
10’’. 
(h) TITLE 14, UNITED STATES CODE.—Title 14, 
United States Code, is amended— 
(1) in subsection (a) of section 2102, by strik-
ing ‘‘section 12311 of title 10’’ and inserting ‘‘sec-
tion 12314 of title 10’’; and 
(2) in paragraph (1) of section 3713(c), by 
striking ‘‘training requirement of section 10147 of 
title 10’’ and inserting ‘‘training requirements de-
scribed in section 12352(c) of title 10’’. 
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(i) TITLE 28, UNITED STATES CODE.—Section 2671 
of title 28, United States Code, is amended by striking 
‘‘section 115, 316, 502, 503, 504, or 505 of title 32’’ and 
inserting ‘‘section 541, 542, or 543 of title 32’’. 
(j) TITLE 32, UNITED STATES CODE.—Title 32, 
United States Code, is amended— 
(1) in section 101— 
(A) in paragraph (19)— 
(i) by striking ‘‘inactive duty’’ and in-
serting ‘‘reserve component duty’’; and 
(ii) by striking ‘‘section 316, 502, 
503, 504, or 505 of this title’’ and insert-
ing ‘‘section 541 or 542 of this title’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(20) ‘Reserve component duty’ has the mean-
ing given that term in section 101(d)(7) of title 
10.’’; 
(2) in subsection (c) of section 107, by striking 
‘‘section 12402 of title 10’’ and inserting ‘‘section 
12342 of title 10 for duty in the National Guard 
Bureau’’; 
(3) in section 112— 
(A) in subsection (b)— 
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(i) in paragraph (1), by striking ‘‘sec-
tion 502(f) of this title’’ and inserting 
‘‘section 542 of this title’’; 
(ii) in subparagraph (A) of paragraph 
(2)— 
(I) by striking ‘‘training required 
under section 502(a) of this title’’ and 
inserting ‘‘required training described 
in sections 552(a) and 553(a) of this 
title’’; and 
(II) by striking ‘‘training re-
quired under section 502(a)(1)’’ and 
inserting ‘‘required training described 
in section 553(a)’’; and 
(iii) in the matter preceding subpara-
graph (A) of paragraph (3), by striking 
‘‘section 508 of this title’’ and inserting 
‘‘section 514 of this title’’; and 
(B) in subparagraph (A) of subsection 
(e)(1), by striking ‘‘section 502(f) of this title’’ 
and inserting ‘‘section 542 of this title’’; 
(4) in paragraph (2) of section 709(g), by strik-
ing ‘‘who is performing active Guard and Reserve 
Duty (as that term is defined in section 101(d)(6) 
of title 10)’’ and inserting ‘‘who is on active duty or 
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