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(b) CLARIFYING AMENDMENTS RELATING TO AUTHOR-
ITY TO ORDER ACTIVE DUTY OTHER THAN DURING WAR 
OR NATIONAL EMERGENCY.—Section 12304(a) of such title 
is amended— 
(1) by inserting ‘‘named’’ before ‘‘operational 
mission’’; and 
(2) by striking ‘‘365 days’’ and inserting ‘‘365 
consecutive days’’. 
SEC. 512. MODIFICATION OF ELIGIBILITY FOR CONSIDER-
ATION FOR PROMOTION FOR CERTAIN RE-
SERVE OFFICERS EMPLOYED AS MILITARY 
TECHNICIANS (DUAL STATUS). 
Section 14301 of title 10, United States Code, is 
amended by adding at the end the following new subsection: 
‘‘(i) CERTAIN RESERVE OFFICERS.—A reserve officer 
who is employed as military technician (dual status) under 
section 10216 of this title, and who has been retained be-
yond the mandatory removal date for years of service under 
section 10216(f) or 14702(a)(2) of this title, is not eligible 
for consideration for promotion by a mandatory promotion 
board convened under section 14101(a) of this title.’’.
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SEC. 
513. 
MODIFICATION 
OF 
TIME 
IN 
WHICH 
PRESEPARATION COUNSELING MUST BE PRO-
VIDED TO RESERVE COMPONENT MEMBERS 
BEING DEMOBILIZED. 
Section 1142(a)(3)(B) of title 10, United States Code, 
is amended by inserting ‘‘or in the event a member of a 
reserve component is being demobilized under circumstances 
in which (as determined by the Secretary concerned) oper-
ational requirements make the 90-day requirement under 
subparagraph (A) unfeasible,’’ after ‘‘or separation date,’’. 
SEC. 514. REPORT ON TERMINATION OF MILITARY TECHNI-
CIAN AS A DISTINCT PERSONNEL MANAGE-
MENT CATEGORY. 
(a) INDEPENDENT STUDY REQUIRED.—The Secretary 
of Defense shall conduct an independent study of the feasi-
bility and advisability of terminating the military techni-
cian as a distinct personnel management category of the 
Department of Defense. 
(b) ELEMENTS.—In conducting the study required by 
subsection (a), the Secretary shall— 
(1) identify various options for deploying units 
of the Selected Reserve of the Ready Reserve that oth-
erwise use military technicians through use of a com-
bination of active duty personnel, reserve component 
personnel, State civilian employees, and Federal civil-
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ian employees in a manner that meets mission re-
quirements without harming unit readiness; 
(2) identify various means for the management 
by the Department of the transition of military tech-
nicians to a system that relies on traditional per-
sonnel categories of active duty personnel, reserve 
component personnel, and civilian personnel, and for 
the management of any effects of that transition on 
the pay and benefits of current military technicians 
(including means for mitigating or avoiding such ef-
fects in the course of such transition); 
(3) determine whether military technicians who 
are employed at the commencement of the transition 
described in paragraph (2) should remain as techni-
cians, whether with or without a military status, 
until 
separation 
or 
retirement, 
rather 
than 
transitioned to such a traditional personnel category; 
(4) identify and take into account the unique 
needs of the National Guard in the management and 
use of military technicians; 
(5) determine potential cost savings, if any, to be 
achieved as a result of the transition described in 
paragraph (2), including savings in long-term man-
datory entitlement costs associated with military and 
civil service retirement obligations;
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(6) develop a recommendation on the feasibility 
and advisability of terminating the military techni-
cian as a distinct personnel management category, 
and, if the termination is determined to be feasible 
and advisable, develop recommendations for appro-
priate legislative and administrative action to imple-
ment the termination; 
(7) address any other matter relating to the 
management and long-term viability of the military 
technician as a distinct personnel management cat-
egory that the Secretary shall specify for purposes of 
the study; and 
(8) ensure the involvement and input of military 
technicians (dual status). 
(c) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary shall submit to 
the congressional defense committees a report on the study 
required by subsection (a). The report shall set forth the 
results of the study, including the matters specified in sub-
section (b), and include such comments and recommenda-
tions on the results of the study as the Secretary considers 
appropriate.
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SEC. 515. AUTHORITY TO ORDER ARMY RESERVE, NAVY RE-
SERVE, MARINE CORPS RESERVE, AND AIR 
FORCE RESERVE TO ACTIVE DUTY TO PRO-
VIDE ASSISTANCE IN RESPONSE TO A MAJOR 
DISASTER OR EMERGENCY. 
(a) AUTHORITY.— 
(1) IN
GENERAL.—Chapter 1209 of title 10, 
United States Code, as amended by section 511(a)(1), 
is further amended by inserting after section 12304a 
the following new section: 
‘‘§ 12304b. Army Reserve, Navy Reserve, Marine Corps 
Reserve, and Air Force Reserve: order to 
active duty to provide assistance in re-
sponse to a major disaster or emergency 
‘‘(a) AUTHORITY.—When a Governor requests Federal 
assistance in responding to 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)), the Secretary of Defense may, without the 
consent of the member affected, order any unit, and any 
member not assigned to a unit organized to serve as a unit, 
of the Army Reserve, Navy Reserve, Marine Corps Reserve, 
and Air Force Reserve to active duty for a continuous pe-
riod of not more than 120 days to respond to the Governor’s 
request.
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‘‘(b) EXCLUSION FROM STRENGTH LIMITATIONS.— 
Members ordered to active duty under this section shall not 
be counted in computing authorized strength of members on 
active duty or members in grade under this title or any 
other law. 
‘‘(c) TERMINATION OF DUTY.—Whenever any unit or 
member of the reserve components is ordered to active duty 
under this section, the service of all units or members so 
ordered to active duty may be terminated by order of the 
Secretary of Defense or law.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter, as amended by 
section 511(a)(2), is further amended by inserting 
after the item relating to section 12304a the following 
new item: 
‘‘12304b. Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force Reserve: 
order to active duty to provide assistance in response to a major 
disaster or emergency.’’. 
(b) TREATMENT OF OPERATIONS AS CONTINGENCY OP-
ERATIONS.—Section 101(a)(13)(B) of such title is amended 
by inserting ‘‘12304b,’’ after ‘‘12304,’’. 
(c) USUAL AND CUSTOMARY ARRANGEMENT.— 
(1) 
DUAL-STATUS
COMMANDER.—When 
the 
Armed Forces and the National Guard are employed 
simultaneously in support of civil authorities in the 
United States, appointment of a commissioned officer 
as a dual-status commander serving on active duty
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‘‘(A) had commenced but had not completed a 
program of higher education under subsection (a)(1); 
and 
‘‘(B) is categorized by the Secretary concerned as 
seriously wounded, ill, or injured. 
‘‘(2) A person may not be authorized under paragraph 
(1) to participate in a program of higher education after 
the end of the 10-year period beginning on the date of the 
person’s separation from active duty.’’. 
(b) CONFORMING AMENDMENTS.—Subsection (d) of 
such section, as redesignated by subsection (a)(1), is amend-
ed by striking ‘‘enlisted member’’ both places it appears and 
inserting ‘‘person’’. 
(c) EFFECTIVE DATE.—Subsection (c) of section 9315 
of title 10, United States Code (as added by subsection 
(a)(2)), shall apply to persons covered by paragraph (1) 
of such subsection who are categorized by the Secretary con-
cerned as seriously wounded, ill, or injured after September 
11, 2001. With respect to any such person who is separated 
from active duty during the period beginning on September 
12, 2001, and ending on the date of the enactment of this 
Act, the 10-year period specified in paragraph (2) of such 
subsection shall be deemed to commence on the date of the 
enactment of this Act.