Section 1. Short title

This Act may be cited as the Duty Status Reform Act.

Sec. 2. Table of contents

The table of contents for this Act is as follows:

Sec. 3. Consolidation of authorities to order reserve component members to perform duty

Chapter 1209 of title 10, United States Code, is amended to read as follows:

1209 Reserve duty and assignments

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 provision of law, during any period a member of a reserve component is serving on active duty pursuant to section 12341 of this title, the President may suspend any provision of law relating to promotion, retirement, or separation applicable to any member of the Armed Forces who the President determines is essential to the national security of the United States.

(b) Termination of suspension

A suspension made under subsection (a) shall terminate on the earlier of—

(1)

the date of the release from active duty of a member of a reserve component ordered to active duty under the authority of section 12341 of this title; or

(2)

the date on which the President determines the circumstances that required the action of ordering the member to active duty no longer exist.

(c) 90-Day extension of separation or retirement date

Upon the termination of a suspension made under subsection (a) of a provision of law otherwise requiring the separation or retirement of an officer on active duty because of age, length of service or length of service in grade, or failure of selection for promotion, the Secretary concerned shall extend by up to 90 days the otherwise required separation or retirement date of the officer if the separation or retirement date, but for the suspension, would have occurred before the date of the termination of the suspension or within 90 days after the date of such termination.

12312. Use during expansion of armed forces

(a) Officers not assigned to a unit

When an expansion of the active armed forces requires that an officer of a reserve component who is not a member of a unit organized to serve as such be ordered as an individual to active duty under section 12341 of this title without the officer’s consent, the services of qualified and available reserve officers in all grades shall be used, so far as practicable, according to the needs of the branches, grades, or specialties concerned.

(b) Standby Reserve

(1)

A unit or member in the Standby Reserve may be ordered to active duty only as provided in section 12341 of this title, but subject to the limitations in paragraph (2).

(2)

(A)

In time of war or national emergency declared by Congress, or expansion of the force to meet national security requirements as determined by Congress, a unit in the Standby Reserve organized to serve as a unit, and a member of the Standby Reserve who is not assigned to a unit, may be ordered to active duty under section 12341 of this title for a purpose described in section 12351(a)(1) of this title, subject to the limitations in subparagraphs (B) and (C).

(B)

A unit in the Standby Reserve organized to serve as a unit, and a member of the Standby Reserve who is a member of such a unit, may be ordered to active duty under section 12341 of this title for a purpose described in section 12351(a)(1) of this title only if the Secretary concerned, with the approval of the Secretary of Defense in the case of a Secretary of a military department, determines that there are not enough of the required kinds of units in the Ready Reserve that are readily available.

(C)

A member in the Standby Reserve who is not assigned to a unit may, without the consent of the member, be ordered to active duty as an individual under section 12341 of this title for a purpose described in section 12351(a)(1) of this title only if the Secretary concerned, with the approval of the Secretary of Defense in the case of a Secretary of a military department, determines that there are not enough qualified members in the Ready Reserve in the required category who are readily available.

(c) Retired Reserve

(1)

A member in the Retired Reserve, if qualified, may, without the consent of the member, be ordered to active duty under section 12341 of this title but only for a purpose described in section 12351(a)(1) of this title.

(2)

A member of the Retired Reserve (other than a member transferred to the Retired Reserve under section 12641(b)(2) of this title) who is ordered to active duty or other appropriate duty in a retired status may be credited under chapter 1223 of this title with service performed pursuant to such order.

(3)

A member of the Retired Reserve shall not be eligible for promotion (or for consideration for promotion) as a member of a reserve component.

12313. Release from active duty

(a) In general

Except as otherwise provided in this title, an authority designated by the Secretary concerned may at any time release from active duty a member of a reserve component under the jurisdiction of the Secretary concerned.

(b) War or national emergency

(1)

In time of war or of national emergency declared by Congress or the President after January 1, 1953, a member of a reserve component may be released from active duty (other than for training) only if—

(A)

a board of officers, convened at the member’s request by an authority designated by the Secretary concerned, recommends the release and the recommendation is approved;

(B)

the member waives the right to request that a board of officers be convened to consider the decision of the Secretary concerned to the release the member from active duty; or

(C)

the member’s release is otherwise authorized by law.

(2)

This subsection does not apply to an armed force during a period of demobilization or reduction in strength of that armed force.

12314. Active duty agreements

(a) Written agreement

To provide a definite term of active duty (other than for training) under section 12342 of this title for a member of a reserve component with the member’s consent, an authority designated by the Secretary concerned may make a standard written agreement with the member requiring the member to serve for a period of active duty (other than for training) of not more than 5 years. When such an agreement expires, a new one may be made. This subsection shall not apply in time of war declared by Congress.

(b) Minimum term

An agreement shall not be made under subsection (a) unless the specified period of duty is at least 12 months longer than any period of active duty that the member is otherwise required to perform.

(c) Uniformity; standards and policies

Agreements made under subsection (a) shall be uniform, so far as practicable, and are subject to such standards and policies as may be prescribed by the Secretary of Defense for the Armed Forces under the Secretary of Defense’s jurisdiction or by the Secretary of Homeland Security for the Coast Guard when it is not operating as a service in the Navy.

(d) War or national emergency

If an agreement made under subsection (a) expires during a war or during a national emergency declared by Congress or the President after January 1, 1953, the member concerned may, without the consent of the member, be kept on active duty as otherwise prescribed by law.

(e) Early release

(1)

An agreement made under subsection (a) shall provide that the member will not, without the consent of the member, be released from active duty during the period of the agreement—

(A)

because of a reduction in the actual personnel strength of the armed force concerned, unless the release is in accordance with the recommendation of a board of officers appointed by an authority designated by the Secretary concerned to determine the members to be released from active duty under regulations prescribed by the Secretary; or

(B)

for any other reason, without an opportunity to be heard by a board of officers before the release, unless the member is—

(i)

dismissed or discharged under the sentence of a court-martial;

(ii)

released because of an unexplained absence without leave for at least 3 months;

(iii)

released because the member is convicted and sentenced to confinement in a Federal or State penitentiary or correctional institution and the sentence has become final; or

(iv)

released because the member has been considered at least twice and has not been recommended for promotion to the next higher grade or because the member is considered as having failed of selection for promotion to the next higher grade and has not been recommended for promotion to that grade, under conditions that would require the release or separation of a reserve component officer who is not serving under such agreement.

(2)

A member who is, without the consent of the member, released from active duty before the end of the member’s agreement made under subsection (a) is entitled to an amount computed by multiplying the number of years and fractions of a year of the member’s unexpired period of service under the agreement by the sum of one month’s basic pay, special pay, and allowances to which the member is entitled on the day of the member’s release. The amount to which a member is entitled under this paragraph is in addition to any pay and allowances to which the member is otherwise entitled. For the purposes of this paragraph, a fraction of a month of 15 days or more is counted as a whole month, and a fraction of a month of less than 15 days is disregarded. This paragraph shall not apply to a member if the member is—

(A)

released for a reason described in clauses (i), (ii) or (iii) of paragraph (1)(B);

(B)

released because of a physical disability resulting from the member’s intentional misconduct or willful neglect;

(C)

eligible for retired pay, separation pay, or severance pay under another provision of law;

(D)

placed on a temporary disability retired list; or

(E)

released to accept an appointment, or to be enlisted, in a regular component of an armed force.

12315. Officers: grade in which ordered to active duty

An officer of a reserve component who is ordered to active duty or full-time National Guard duty shall be ordered to active duty or full-time National Guard duty in the officer’s reserve grade, except that such an officer who is credited with service under section 12207 of this title, is ordered to active duty, and placed on the active-duty list, may be ordered to active duty in a reserve grade and with a date of rank and position on the active-duty list determined under regulations prescribed by the Secretary of Defense based upon the amount of service credited.

12316. Kinds of duty

Notwithstanding any other provision of law, a member of a reserve component who is on active duty other than for training may, under regulations prescribed by the Secretary concerned, be detailed or assigned to any duty authorized by law for a member of the regular component of the armed force concerned.

12317. Retention after becoming qualified for retired pay

Any person who has qualified for retired pay under chapter 1223 of this title may, with the person’s consent and by order of an authority designated by the Secretary concerned, be retained on active duty, or in service in a reserve component other than that listed in section 12732(b) of this title. A member so retained shall be credited with that duty or service for all purposes.

12318. Duty with or without pay

(a) In general

Subject to other provisions of this title, any member of a reserve component may be ordered to active duty or other duty—

(1)

with the pay and allowances provided by law; or

(2)

with the member’s consent, without pay.

(b) Duty without pay

Duty without pay described in subsection (a)(2) shall be considered for all purposes (other than pay) as if the duty without pay were duty with pay.

(c) Pay and allowances for reserve component members retained on active duty

A member of a reserve component who is retained on active duty after the member’s term of service expires is entitled to pay and allowances while on that duty, except that the pay and allowances may be forfeited—

(1)

under the approved sentence of a court-martial;

(2)

by non-judicial punishment by a commanding officer; or

(3)

when the member is otherwise in a non-pay status.

12319. Payment of certain members while on duty

(a) In general

Except as provided by subsection (b), a member of a reserve component who because of the member’s earlier military service is entitled to a pension, retired or retainer pay, or disability compensation, and who performs duty for which the member is entitled to compensation, may elect to receive for that duty either—

(1)

the payments to which the member is entitled because of the member’s earlier military service; or

(2)

if the member specifically waives those payments, the pay and allowances authorized by law for the duty that the member is performing.

(b) Payments

Unless the payments described in subsection (a)(1) are greater than the compensation described in subsection (a)(2), a member of a reserve component who because of the member’s earlier military service is entitled to a pension, retired or retainer pay, or disability compensation, and who upon being ordered to active duty for a period of more than 30 days in time of war or national emergency is found physically qualified to perform that duty, ceases to be entitled to the payments because of the member’s earlier military service until the period of active duty ends. While on that active duty, the member is entitled to the compensation described in subsection (a)(2). Other rights and benefits of the member or the member’s dependents are unaffected by this subsection.

12320. Theological students: limitations

A member of a reserve component shall not be required to serve on active duty, or to participate in reserve component duty, while preparing for the ministry in a recognized theological or divinity school.

12321. Reserve officer training corps units: limitation on number of reserve component members assigned

The number of members of the reserve components serving on active duty or full-time National Guard duty for the purpose of organizing, administering, recruiting, instructing, or training the reserve components, who are assigned to duty with a unit of the Reserve Officer Training Corps program, shall not exceed 275.

12322. Regulations

(a) In general

The Secretary of Defense, and the Secretary of Homeland Security in the case of the Coast Guard when it is not operating as a service in the Navy, shall prescribe such regulations for the reserve components of the Armed Forces under their respective jurisdictions as the Secretary of Defense and the Secretary of Homeland Security, respectively, consider necessary to carry out this chapter.

(b) Army National Guard and Air National Guard

A member of the Army National Guard of the United States or the Air National Guard of the United States who consents to an order to active duty under section 12341 or 12342 of this title shall not be ordered to such duty without the consent of the Governor or other appropriate authority of the State concerned. The consent of a Governor or other appropriate authority described in the preceding sentence may not be withheld (in whole or in part) with regard to active duty outside the United States, the Commonwealth of Puerto Rico, the District of Columbia, a territory of the United States, or a possession of the United States because of any objection to the location, purpose, type, or schedule of such active duty.

(c) Considerations for involuntary order to active duty

In determining which units or members of the reserve components may, without the consent of the members, be ordered to active duty under section 12341 of this title for any purpose described in section 12351 of this title, the Secretary of Defense shall prescribe such policies and procedures as the Secretary determines necessary to carry out this subsection. Such policies and procedures shall take into consideration—

(1)

the length and nature of previous service, to ensure such sharing of exposure to hazards as national security and military requirements will reasonably allow;

(2)

the frequency of assignments during service career;

(3)

family responsibilities; and

(4)

employment necessary to maintain the national health, safety, or interest.

(d) Continuous period of duty

(1)

When the authority or purpose for a member of a reserve component to serve on active duty or full-time National Guard duty changes with no break in service—

(A)

the order to active duty shall be amended to cite the new authority or purpose and the applicable funding; and

(B)

the member shall remain on the same order to duty.

(2)

If a member is released from active duty or full-time National Guard duty and subsequently ordered to active duty or full-time National Guard duty with a break in service of 24 hours or fewer, the period of service shall be treated as continuous Federal service for the purposes of pay and benefits, unless otherwise specified in law.

(e) Documentation of manpower and appropriations

To account for manpower utilization and expenditure of appropriations—

(1)

each order to active duty described in this chapter shall cite the authority and the purpose of the order to duty, and each amendment to such order shall cite the new authority or purpose of the duty if the authority or purpose changes; and

(2)

the purpose of the reserve component duty described in this chapter and the associated funding shall be documented.

II DUTY AND ASSIGNMENTS: AUTHORITIES

12341. Category I: active duty

(a) In general

(1)

Under regulations prescribed by the Secretary of Defense, or the Secretary of Homeland Security in the case of the Coast Guard when it is not operating as a service in the Navy, an authority designated by the Secretary concerned may order a member of a reserve component under the jurisdiction of the Secretary concerned to active duty, or retain the member on active duty, for a purpose described in section 12351 of this title.

(2)

Duty performed pursuant to an order to active duty under this section shall be known as category I active duty.

(3)

A member in the Standby Reserve on the inactive status list who is ordered to active duty under this section shall be subject to the limitations described in section 10153 of this title.

(b) Member consent

(1)

A member of a reserve component may, with or without the consent of the member, be ordered to active duty under this section.

(2)

A member of a reserve component who is, without the consent of the member, ordered to active duty under this section shall not be retained on active duty beyond the duration described in section 12351 of this title, if any, for the purpose of that duty.

(3)

A member of a reserve component who is, with the consent of the member, ordered to active duty under this section shall not be subject to a duration or strength limitation described in section 12351 of this title, if any, for the purpose of that duty.

12342. Category II: active duty

(a) In general

(1)

Under regulations prescribed by the Secretary of Defense, or the Secretary of Homeland Security in the case of the Coast Guard when it is not operating as a service in the Navy, an authority designated by the Secretary concerned may order a member of a reserve component under the jurisdiction of the Secretary concerned to active duty, or retain the member on active duty, for a purpose described in section 12352 of this title.

(2)

Duty performed pursuant to an order to active duty under this section shall be known as category II active duty.

(3)

A member in the Standby Reserve on the inactive status list who is ordered to active duty under this section shall be subject to the limitations described in section 10153 of this title.

(b) Member consent

The consent of a member of a reserve component shall be required for an order to active duty under this section, except—

(1)

when the member is made the subject of proceedings described in section 12352(a) of this title;

(2)

when the member is placed in a missing status described in section 12352(b) of this title; or

(3)

for required training described in section 12352(c) of this title.

(c) Category I operation or mission exclusion

Except as provided in section 12351(e) of this title, a member of a reserve component shall not be ordered to or retained on active duty under this section if that duty is in support of an operation or mission for which a member of a reserve component is ordered to active duty under section 12341 of this title for such operation or mission.

12343. Category III: reserve component duty

(a) In general

(1)

Under regulations prescribed by the Secretary of Defense, or the Secretary of Homeland Security in the case of the Coast Guard when it is not operating as a service in the Navy, an authority designated by the Secretary concerned—

(A)

may require or authorize a member of the Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force Reserve, or Coast Guard Reserve, under the jurisdiction of the Secretary concerned, to perform reserve component duty for a purpose described in section 12353 of this title; and

(B)

may require a member of a reserve component to perform reserve component duty for the purpose described in section 12353(b) of this title.

(2)

Duty performed pursuant to a requirement or authorization to perform reserve component duty under this section shall be known as category III reserve component duty.

(b) Member consent

(1)

A member described in subsection (a) shall, without the consent of the member, be required to perform reserve component duty under this section for—

(A)

required training described in section 12353(a) of this title; or

(B)

muster described in section 12353(b) of this title.

(2)

A member described in subsection (a) may, with the consent of the member, be authorized to perform reserve component duty under this section for—

(A)

additional training described in section 12353(c) of this title; or

(B)

support activities or requirements described in section 12353(d) of this title.

(c) Period of service

(1)

Each period of reserve component duty performed under this section shall be for a duration of not fewer than 2 hours.

(2)

Not more than 2 periods of reserve component duty may be performed under this section in a calendar day.

(d) Hostile fire or imminent danger areas

A member described in subsection (a) shall not perform reserve component duty under this section if the location of that duty is in a designated hostile fire or an imminent danger area.

(e) Category I operation or mission exclusion

A member described in subsection (a) shall not perform reserve component duty under this section if that duty is in support of an operation or mission for which a member of a reserve component is ordered to active duty under section 12341 of this title for such operation or mission.

12344. Category IV: remote assignments

(a) In general

(1)

Under regulations prescribed by the Secretary of Defense, or the Secretary of Homeland Security in the case of the Coast Guard when it is not operating as a service in the Navy, an authority designated by the Secretary concerned, at the discretion of that authority, may assign a member of the Ready Reserve or Standby Reserve in an active status—

(A)

work described in section 12354(a)(1) of this title that has been pre-approved by the Secretary concerned; or

(B)

a course of instruction described in section 12354(a)(2) of this title that has been pre-approved by the Secretary concerned.

(2)

Duty performed pursuant to an assignment under this section shall be known as a category IV remote assignment.

(b) Individually assigned

Work or a course of instruction assigned under this section shall be specifically and individually assigned to a member described in subsection (a).

(c) Direct military control not required

(1)

Work or a course of instruction assigned under this section shall not require direct military control of the member or the presence of a supervisor or instructor.

(2)

Work or a course of instruction assigned under this section may be performed at a time and location determined by the member, subject to any completion deadline or other applicable requirement established by the Secretary concerned.

(d) Electronic based methodology

A course of instruction assigned under subsection (a)(2) may be completed by an electronic-based distributed learning methodology or other means approved by the Secretary concerned.

III DUTY AND ASSIGNMENTS: PURPOSES

12351. Category I: active duty purposes

(a) Congressional declarations and determinations

(1)

(A)

A unit, or a member not assigned to a unit organized to serve as a unit, of a reserve component under the jurisdiction of the Secretary concerned may be ordered to active duty under section 12341 of this title for the purpose of—

(i)

supporting operations and missions during a war or national emergency declared by Congress; or

(ii)

meeting national security requirements when Congress determines that more units and organizations are needed for national security than are in the regular component.

(B)

(i)

A member who is, without the consent of the member, ordered to active duty for the purpose described in paragraph (1)(A)(i) shall not be required to serve for longer than the duration of the war or national emergency, as appropriate, and for 6 months thereafter.

(ii)

A member who is, without the consent of the member, ordered to active duty for the purpose described in paragraph (1)(A)(ii) may be retained on active duty as long as so needed.

(2)

So far as practicable, during any expansion of the active armed forces that requires that a reserve component unit or member be ordered to active duty for the purpose described in paragraph (1)(A)(i), a member of a unit organized and trained to serve as a unit who is, without the consent of the member, ordered to that duty shall be so ordered with the member’s unit. However, a member of that unit may be reassigned after being so ordered to active duty.

(3)

A member on an inactive status list or in a retired status shall not, without the consent of the member, be ordered to active duty under section 12341 of this title for the purpose described in paragraph (1)(A)(i) unless the Secretary concerned, with the approval of the Secretary of Defense in the case of the Secretary of a military department, determines that there are not enough qualified members of a reserve component in an active status or in the inactive National Guard in the required category who are readily available.

(b) Presidential call-Up

(1) Insurrection

(A)

(i)

The militia of any State (other than the State requesting assistance under subclause (I) of this clause) may be called into Federal service under section 12341 of this title for use with such of the Armed Forces as the President determines necessary—

(I)

for the purpose of responding, when there is an insurrection in any State against the State’s government, upon the request of the State’s legislature, or of the State’s Governor if the legislature cannot be convened, and in the number requested by that State;

(II)

for the purpose of responding, when the President considers that unlawful obstructions, combinations, or assemblages, or rebellion against the authority of the United States make it impracticable to enforce the laws of the United States in any State by the ordinary course of judicial proceedings or to suppress the rebellion; or

(III)

for the purpose of responding, when the President determines it is necessary to suppress, in a State, any insurrection, domestic violence, unlawful combination, or conspiracy, if the insurrection, domestic violence, unlawful combination, or conspiracy—

(aa)

so hinders the execution of the laws of that State, and of the United States within the State, that any part or class of its people is deprived of a right, privilege, immunity, or protection named in the Constitution and secured by law, and the constituted authorities of that State are unable, fail, or refuse to protect that right, privilege, or immunity, or to give that protection; or

(bb)

opposes or obstructs the execution of the laws of the United States or impedes the course of justice under those laws.

(ii)

In any situation covered by clause (i)(III)(aa), the State shall be considered to have denied the equal protection of the laws secured by the Constitution.

(iii)

When the President considers it necessary to use the militia or the Armed Forces under this subparagraph, the President shall, by proclamation, immediately order the insurgents to disperse and retire peaceably to their abodes within a limited time.

(B)

(i)

A member or unit of the National Guard of any State, in such numbers as the President considers necessary, may be called into Federal service under section 12341 of this title for the purpose of supporting missions and operations when—

(I)

the United States, the Commonwealth of Puerto Rico, the District of Columbia, a territory of the United States, or a possession of the United States are invaded or is in danger of invasion by a foreign nation;

(II)

there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or

(III)

the President is unable with the regular forces to execute the laws of the United States.

(ii)

When the President calls a member or unit of the National Guard of any State into Federal service pursuant to clause (i), orders shall be issued through the Governor of the State, or in the case of the District of Columbia through the commanding general of the National Guard of the District of Columbia.

(C)

In this paragraph the term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, and Guam.

(D)

(i)

The repeal of the provisions described in clause (ii) and the replacement of those provisions with this paragraph shall not be construed as an expansion or limitation of the authorities granted under those provisions. The intent of such repeal and replacement is to reorganize the provisions described in clause (ii) in order to reduce the number of authorities for ordering members of the reserve components and militia to duty and to align those authorities with identified benefits.

(ii)

The provisions described in this clause are the following provisions of law as in effect on the day before the effective date of this section:

(I)

Chapter 13 of this title (commonly known as the Insurrection Act).

(II)

Section 12406 of this title.

(2) Ready reserve mobilization

(A)

A unit, or a member not assigned to a unit organized to serve as a unit, of the Ready Reserve under the jurisdiction of the Secretary concerned may be ordered to active duty under section 12341 of this title for the purpose of supporting missions and operations in connection with a national emergency declared by the President.

(B)

A member who is, without the consent of the member, ordered to active duty for the purpose described in subparagraph (A) shall serve for not more than 24 consecutive months.

(C)

Not more than 1,000,000 members of the Ready Reserve may, without the consent of the members, be on active duty at any one time for the purpose described in subparagraph (A).

(3) Force augmentation: covered emergencies; significant cyber events

(A)

(i)

A unit, or a member not assigned to a unit organized to serve as a unit, of the Selected Reserve (as described in section 10143(a) of this title), or a member in the Individual Ready Reserve mobilization category (as described in section 10144(b) of this title) and designated as essential under regulations prescribed by the Secretary concerned, may be ordered to active duty under section 12341 of this title when the President determines it is necessary to augment the active force other than in time of war or national emergency for the purpose of providing assistance for a covered emergency.

(ii)

In this paragraph, the term covered emergency means an emergency involving—

(I)

a use or threatened use of a weapon of mass destruction (as defined in section 1403 of the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302)); or

(II)

a terrorist attack or threatened terrorist attack in the United States that results, or could result, in significant loss of life or property.

(B)

(i)

A unit, or a member not assigned to a unit organized to serve as a unit, of the Selected Reserve (as described in section 10143(a) of this title), may be ordered to active duty under section 12341 of this title when the Secretary of Defense or the Secretary of the department in which the Coast Guard is operating determines that it is necessary to augment the active armed forces for the response of the Department of Defense or other department under which the Coast Guard is operating, respectively, to a significant cyber incident.

(ii)

In this paragraph, the term significant cyber incident means—

(I)

a cyber incident involving a Department of Defense information system, or a breach of a Department of Defense system that involves personally identifiable information, that the Secretary of Defense determines is likely to result in demonstrable harm to the national security interests, foreign relations, or the economy of the United States, or to the public confidence, civil liberties, or public health and safety of the people of the United States;

(II)

a cyber incident involving a Department of Homeland Security information system, or a breach of a Department of Homeland Security system that involves personally identifiable information, that the Secretary of Homeland Security determines is likely to result in demonstrable harm to the national security interests, foreign relations, or the economy of the United States, or to the public confidence, civil liberties, or public health and safety of the people of the United States;

(III)

a cyber incident, or collection of related cyber incidents, that the President determines is likely to result in demonstrable harm to the national security interests, foreign relations, or economy of the United States or to the public confidence, civil liberties, or public health and safety of the people of the United States; or

(IV)

a significant incident declared pursuant to section 2233 of the Homeland Security Act of 2002 (6 U.S.C. 677b).

(C)

A unit or member described in this paragraph shall not—

(i)

provide assistance under this paragraph for a purpose described in paragraph (1);

(ii)

provide assistance under this paragraph to the Federal Government or a State for a serious natural or manmade disaster, accident, or catastrophe (other than a covered emergency or significant cyber incident); or

(iii)

provide assistance under this paragraph for a covered emergency unless the President determines that the requirements for responding to the covered emergency have exceeded, or will exceed, the response capabilities of local, State, and Federal civilian agencies.

(D)

Not more than 200,000 members of the Selected Reserve and Individual Ready Reserve, of whom not more than 30,000 may be members of the Individual Ready Reserve, may, without the consent of the members, be on active duty for the purpose of this paragraph at any one time.

(E)

A member of a reserve component who is, without the consent of the member, ordered to active duty for the purpose of this paragraph may be required to serve for not more than 365 consecutive days.

(F)

Whenever the President authorizes the Secretary of Defense or the Secretary of Homeland Security to order a unit or member of the Selected Reserve or Individual Ready Reserve to active duty under section 12341 of this title for a purpose described in this paragraph, the President shall, within 24 hours after exercising such authority, submit to Congress a report, in writing, setting forth the circumstances necessitating the action and describing the anticipated use of the units or members.

(G)

(i)

Whenever a unit of the Selected Reserve or a member of the Selected Reserve not assigned to a unit organized to serve as a unit, or a member of the Individual Ready Reserve, is ordered to active duty under section 12341 of this title for a purpose described in subparagraph (A), the service of all units or members so ordered to active duty may be terminated by—

(I)

order of the President; or

(II)

law.

(ii)

Whenever a unit of the Selected Reserve or a member of the Selected Reserve not assigned to a unit organized to serve as a unit is ordered to active duty under section 12341 of this title for a purpose described in subparagraph (B), the service of all units or members so ordered to active duty may be terminated by—

(I)

order of the Secretary of Defense or, with respect to the Coast Guard, the Secretary of the Department in which the Coast Guard is operating; or

(II)

law.

(H)

Nothing contained in this paragraph may be construed as amending or limiting the application of the provisions of the War Powers Resolution (50 U.S.C. 1541 et seq.).

(I)

In this paragraph, the term State means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, and Guam.

(c) Activation for a major disaster or emergency

(1)

When a Governor requests Federal assistance, a unit, or a member not assigned to a unit organized to serve as a unit, of the Army Reserve, Navy Reserve, Marine Corps Reserve, or Air Force Reserve may be ordered to active duty under section 12341 of this title when authorized by the Secretary of Defense for the purpose of providing Federal assistance in responding to—

(A)

a major disaster or emergency (as those terms are defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)); or

(B)

an emergency involving a manmade disaster, a serious natural or manmade accident or catastrophe, or an act of terrorism (as that term is defined in section 2(18) of the Homeland Security Act of 2002 (6 U.S.C. 101(18))).

(2)

A member described in paragraph (1) who is, without the consent of the member, ordered to active duty for a purpose described in this subsection shall serve on active duty for a continuous period of not more than 120 days.

(3)

Whenever a unit, or a member not assigned to a unit organized to serve as a unit, is ordered to active duty for a purpose described in this subsection, the service of all units or members so ordered to active duty may be terminated by—

(A)

order of the Secretary of Defense; or

(B)

law.

(d) Secretary concerned determination of operational and support requirements

(1) Missing or captive

(A)

(i)

A member of a reserve component may, without the consent of the member, be ordered to or retained on active duty under section 12341 of this title for the purpose of maintaining continuity of military service and providing pay, allowances, and benefits for the member and continuity of benefits for eligible dependents of the member if the Secretary concerned determines that the member is in a missing status that occurs as the result of a hostile action and is related to the member’s military status.

(ii)

A member of a reserve component who was in a missing status shall not be retained on active duty for more than 30 days after the member’s missing status is terminated, notwithstanding any previous maximum period of service prescribed for the purpose the member was ordered to active duty.

(B)

In this paragraph the term missing status means a status described in section 551(2) of title 37.

(2) Pre-planned mission support

(A)

(i)

A member or unit of the Selected Reserve may be ordered to active duty under section 12341 of this title for the purpose of providing support when the Secretary of a military department determines that it is necessary to augment the active forces for a preplanned mission.

(ii)

A member who is, without the consent of the member, ordered to active duty for the purpose described in clause (i) shall serve on active duty for not more than 365 consecutive days.

(B)

(i)

A member or unit of the Selected Reserve may, without the consent of the member, be ordered to active duty for the purpose described in subparagraph (A)(i) only if—

(I)

the manpower and associated costs of such active duty are specifically included and identified in the defense budget materials (as defined in section 231(f)(2) of this title) for the fiscal year or years in which such units are anticipated to be ordered to active duty;

(II)

the budget information on such costs includes a description of the mission for which such units are anticipated to be ordered to active duty and the anticipated length of time of the order of such units to active duty on a voluntary or an involuntary basis; and

(III)

the Secretary of the military department concerned submits to Congress a report, in writing, setting forth the circumstances necessitating the action taken under section 12341 for the purpose described in subparagraph (A)(i) and describing the anticipated use of such units of the Selected Reserve ordered to active duty.

(ii)

In the event the President’s budget is delivered later than April 1st in the year prior to the year of the mobilization of one or more units under this paragraph, the Secretary concerned may submit to Congress the information required under clause (i) in a separate notice.

(C)

(i)

Each reserve component shall have not more than 10 percent of its authorized end strength for the Selected Reserve on active duty under this paragraph, without the consent of the members, at any one time.

(ii)

Upon determination that such an action is in the national interest—

(I)

the Secretary of a military department may increase the maximum strength authorized in clause (i) for a reserve component by a number equal to not more than 2 percent of the authorized end strength for the Selected Reserve for that reserve component; and

(II)

the Secretary of Defense may increase the maximum strength authorized in clause (i) for a reserve component by a number equal to not more than 3 percent of the authorized end strength for the Selected Reserve of that reserve component.

(iii)

Any increase under clause (ii)(I) of the maximum strength for a reserve component for a fiscal year shall be counted as part of the increase for that reserve component for that fiscal year authorized under clause (ii)(II).

(D)

The service of all members and units of the Selected Reserve ordered to active duty for the purpose of this paragraph may be terminated by—

(i)

order of the Secretary of the military department concerned; or

(ii)

law.

(E)

Nothing contained in this paragraph may be construed as amending or limiting the application of the provisions of the War Powers Resolution (50 U.S.C. 1541 et seq.).

(e) Special rule regarding call-Up related activities

(1)

A member of a reserve component may be ordered to or retained on active duty under section 12341 of this title for the purpose of—

(A)

completing training that is required to prepare the member for a category I active duty purpose described in this section;

(B)

completing activities approved by the Secretary concerned that are required to prepare the member for a category I active duty purpose described in this section;

(C)

receiving medical or dental care that is required to meet the deployment readiness standards for a category I active duty purpose described in this section;

(D)

undergoing medical evaluation or receiving treatment or rehabilitation for an injury, illness, or disease incurred or aggravated in the line of duty while serving on active duty under section 12341 of this title or full-time National Guard duty under section 541 of title 32;

(E)

undergoing medical evaluation for disability separation or retirement under chapter 61 of this title for an injury, illness, or disease incurred or aggravated in the line of duty while serving on active duty under section 12341 of this title or full-time National Guard duty under section 541 of title 32; or

(F)

participating in post-deployment and reintegration activities approved by the Secretary concerned following service on active duty under section 12341 of this title.

(2)

(A)

A member of a reserve component on active duty under section 12342 of this title who is performing Active Guard and Reserve functions described in section 12352(f)(1) of this title may be ordered to active duty under section 12341 of this title for the purpose of supporting an operation or mission described in this section while retaining the member’s status as an Active Guard and Reserve.

(B)

During a period that a member described in subparagraph (A) is serving on active duty under section 12341, the member may perform duties in connection with any operation or mission for a purpose described in this section, notwithstanding the limitations specified in section 12352(f) of this title on the duties a member described in subparagraph (A) is authorized to perform.

(C)

Funds available for the pay and allowances of a member described in subparagraph (A) for performing the duties described in section 12352(f)(1) of this title shall be available for the pay and allowances of the member while performing an operation or mission pursuant to subparagraph (A).

12352. Category II: active duty purposes

(a) Disciplinary proceedings

A member of a reserve component may, without the consent of the member, be ordered to active duty under section 12342 of this title for the purpose of being under the jurisdiction of military authority when the member is made the subject of proceedings under section 815 (article 15) or section 830 (article 30) of this title for an offense that occurred while the member was on reserve component duty or traveling to or from such duty, or during intervals between consecutive periods or days of such duty, as provided in subsection (d) of section 802 (article 2) of this title.

(b) Missing

(1)

A member of a reserve component may, without the consent of the member, be ordered to or retained on active duty under section 12342 of this title for the purpose of maintaining continuity of military service and providing pay, allowances, and benefits for the member and continuity of benefits for eligible dependents of the member if the Secretary places the member in a missing status.

(2)

A member of a reserve component in a missing status shall not be retained on active duty for the purpose described in paragraph (1) for more than 30 days after the member’s missing status is terminated.

(3)

In this subsection the term missing status means a status described in section 551(2)(A) of title 37.

(c) Required training

(1)

Except as provided in regulations prescribed by the Secretary of Defense, or the Secretary of Homeland Security in the case of the Coast Guard when it is not operating as a service in the Navy, a member of the Ready Reserve of the Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force Reserve, or Coast Guard Reserve (except a person who is enlisted, inducted, or appointed in an armed force under section 513 or 10145(b) of this title) shall be ordered to active duty under section 12342 of this title for the purpose of training for not less than 14 days (exclusive of travel time) during each year.

(2)

A member described in paragraph (1) who has served on active duty for one year or longer shall not be required to perform a period of active duty for training required under paragraph (1) if the first day of that period falls during the last 120 days of the member’s required membership in the Ready Reserve.

(d) Additional training and support

At any time, a member of a reserve component may, with the consent of the member, be ordered to or retained on active duty under section 12342 of this title for the purpose of—

(1)

additional training, as determined by the Secretary concerned; or

(2)

providing operational support, other than for missions or operations described in section 12351 of this title, as determined by the Secretary concerned.

(e) Other activities or requirements

At any time, a member of a reserve component may, with the consent of the member, be ordered to or retained on active duty under section 12342 of this title for the purpose of—

(1)

preparing for or performing funeral honor functions at the funeral of a veteran, as described in section 1491 of this title;

(2)

receiving medical or dental care authorized by the Secretary concerned;

(3)

undergoing medical evaluation for disability or other similar purposes;

(4)

participating in a Department of Defense health care study, which may include an associated medical evaluation for the member; or

(5)

performing an activity or requirement approved by the Secretary concerned.

(f) Active guard and reserve

(1)

A member of a reserve component may, with the consent of the member, be ordered to active duty under section 12342 of this title for the purpose of performing the Active Guard and Reserve functions of organizing, administering, recruiting, instructing, or training the reserve components.

(2)

Subject to regulations prescribed by the Secretary concerned, a member performing Active Guard and Reserve functions pursuant to paragraph (1) may perform the following additional activities to the extent that the performance of the additional activities does not interfere with the performance of the member’s primary Active Guard and Reserve functions described in such paragraph:

(A)

Supporting operations or missions assigned in whole or in part to the reserve components.

(B)

Supporting operations or missions performed or to be performed by—

(i)

a unit composed of elements from more than one component of the same armed force; or

(ii)

a joint forces unit that includes—

(I)

one or more reserve component units; or

(II)

a member of a reserve component whose reserve component assignment is in a position in an element of the joint forces unit.

(C)

Advising the Secretary of Defense, the Secretaries of the military departments, the Joint Chiefs of Staff, or the commanders of the combatant commands regarding reserve component matters.

(D)

Instructing or training in the United States, the Commonwealth of Puerto Rico, the District of Columbia, a territory of the United States, or a possession of the United States—

(i)

members of the Armed Forces on active duty;

(ii)

members of foreign military forces (under the same authorities and restrictions applicable to members of the Armed Forces on active duty providing such instruction or training);

(iii)

Department of Defense contractor personnel; or

(iv)

Department of Defense civilian employees.

(3)

(A)

Notwithstanding paragraph (2) and subject to subparagraph (C), a member performing Active Guard and Reserve functions pursuant to paragraph (1) may perform functions in support of emergency preparedness programs to prepare for, or to respond to, any emergency involving any of the following:

(i)

The use or threatened use of a weapon of mass destruction (as defined in section 1403 of the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302)) in the United States.

(ii)

A terrorist attack or threatened terrorist attack in the United States that results, or could result, in catastrophic loss of life or property.

(iii)

The intentional or unintentional release of nuclear, biological, or radiological, or toxic or poisonous chemical, materials in the United States that results, or could result, in catastrophic loss of life or property.

(iv)

A natural or manmade disaster in the United States that results, or could result, in catastrophic loss of life or property.

(B)

The costs of the pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for a member described in paragraph (1) who is performing functions described in subparagraph (A) shall be paid from the appropriation that is available to pay such costs for other members of the reserve component of that member who are performing functions described in paragraph (1).

(C)

A member described in paragraph (1) may perform functions described in subparagraph (A) only while assigned to a reserve component weapons of mass destruction civil support team.

(D)

A member described in paragraph (1) who is performing functions described in subparagraph (A) shall be counted against the annual end strength authorizations required by sections 115(a)(1)(B) and 115(a)(2) of this title.

(E)

The justification material for the defense budget request for a fiscal year shall identify the number and component of the members described in paragraph (1) who are programmed to be performing functions described in subparagraph (A) during that fiscal year.

(F)

A reserve component weapons of mass destruction civil support team, and any member described in paragraph (1) who is assigned to such a team, shall not be used to respond to an emergency described in subparagraph (A) until the Secretary of Defense certifies to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives that the team, or the member, possesses the requisite skills, training, and equipment to be proficient in all mission requirements.

(G)

If the Secretary of Defense submits to Congress any request for the enactment of legislation to modify the requirements of subparagraph (A) or (C), the Secretary shall provide with the request—

(i)

a justification for each such requested modification; and

(ii)

the Secretary’s plan for sustaining the qualifications of the personnel and teams described in subparagraph (C).

(H)

In this subsection, the term United States includes the Commonwealth of Puerto Rico, Guam, and the United States Virgin Islands.

(4)

A member described in paragraph (1) shall serve in the member’s reserve grade and while so serving continue to be eligible for promotion as a member of a reserve component, if otherwise qualified.

(5)

A member described in paragraph (1) may be provided training that is consistent with training provided to other members on active duty, as the Secretary concerned determines appropriate.

(g) Sexual assault line of duty determination

(1)

In the case of a reserve component member who is the alleged victim of sexual assault committed while on active duty and who is expected to be released from active duty before the determination is made regarding whether the member was assaulted while in the line of duty (in this section referred to as a line of duty determination), upon the request of the member, the member may, with the consent of the member, be ordered to or retained on active duty under section 12342 of this title for the purpose of aiding in the line of duty determination until completion of the determination. A member eligible for continuation on active duty under this paragraph shall be informed as soon as practicable after the alleged assault of the option to request continuation on active duty under this paragraph.

(2)

In the case of a reserve component member who is not on active duty and who is the alleged victim of a sexual assault that occurred while the member was on active duty and when the line of duty determination is not completed, upon the request of the member, the member may be ordered to active duty under section 12342 of this title for the purpose of aiding in the line of duty determination until completion of the determination.

(3)

The Secretaries of the military departments shall prescribe regulations to carry out this subsection, subject to guidelines prescribed by the Secretary of Defense. The guidelines of the Secretary of Defense shall provide that—

(A)

a request submitted by a member described in paragraph (1) or (2) to continue on active duty, or to be ordered to active duty, shall be decided within 30 days from the date of the request; and

(B)

if the request is denied, the member may appeal to the first general officer or flag officer in the chain of command of the member, and in the case of such an appeal, a decision on the appeal shall be made within 15 days from the date of the appeal.

12353. Category III: reserve component duty purposes

(a) Required training

Except as provided in regulations prescribed by the Secretary of Defense, or the Secretary of Homeland Security in the case of the Coast Guard when it is not operating as a service in the Navy, a member of the Ready Reserve of the Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force Reserve, or Coast Guard Reserve (except a person who is enlisted, inducted, or appointed in an armed force under any provision of law other than section 513 or 10145(b) of this title) shall, without the consent of the member, be required during each fiscal year to perform reserve component duty under section 12343 of this title for the purpose of—

(1)

participating in at least 48 periods of training; or

(2)

performing such other equivalent training as the Secretary concerned may prescribe.

(b) Muster

(1)

Subject to the requirements and limitations described in paragraph (2), a member of the Ready Reserve may, without the consent of the member, be required one time each year to perform reserve component duty under section 12343 of this title for the purpose of updating personnel records and qualifications, documenting civilian occupational skills, and assessing the member’s physical condition and availability for service.

(2)

The requirements and limitations described in paragraph (1) are as follows:

(A)

The period that the member may be required to devote to muster under this subsection, including round-trip travel to and from the location of that muster, shall not total more than one day each calendar year.

(B)

Except as provided in subparagraph (D), muster (and travel directly to and from muster) under this subsection shall be treated the same as any other reserve component duty (and travel directly to and from that duty) for the purposes of this title and the provisions of title 37 (other than section 206(a) of title 37), including provisions relating to the determination of eligibility for and the receipt of benefits and entitlements provided under those titles for members performing reserve component duty and for the dependents and survivors of the members.

(C)

In lieu of compensation under section 206(a) of title 37, the Secretary concerned shall pay an allowance in accordance with section 433 of title 37 to a member of the Ready Reserve who is not a member of the National Guard or the Selected Reserve.

(D)

Muster under this subsection shall not be credited in determining entitlement to, or in computing, retired pay under chapter 1223 of this title.

(c) Additional training

A member of the Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force Reserve, or Coast Guard Reserve may, with the consent of the member, participate in additional training periods, including additional flight training periods, under section 12343 of this title.

(d) Support activities or requirements

(1)

A member of the Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force Reserve, or Coast Guard Reserve may, with the consent of the member, be required to perform reserve component duty under section 12343 of this title for the purpose of—

(A)

participating in operational support requirements except as described in section 12343(e) of this title, including administrative functions to prepare for unit training or funeral honors functions at the funeral of a veteran as described in section 1491 of this title; or

(B)

carrying out an activity or requirement approved by the Secretary concerned.

(2)

A member described in paragraph (1) who is performing funeral honors functions described in paragraph (1)(A)—

(A)

may be paid—

(i)

an allowance under section 435 of title 37; or

(ii)

compensation under section 206 of title 37;

(B)

shall be reimbursed for travel and transportation expenses incurred in conjunction with such duty as authorized under section 435 of title 37 if such duty is performed at a location 50 miles or more from the member’s residence; and

(C)

shall receive retirement points under section 12732(a)(2)(B) of this title.

12354. Category IV: remote assignment purposes

(a) Work or course of instruction related to readiness

A member of the Ready Reserve or Standby Reserve in an active status may, with the consent of the member, be assigned to perform a remote assignment under section 12344 of this title for the purpose of carrying out—

(1)

pre-approved work authorized for that member that is directly related to the readiness of the member or the readiness of the member’s unit; or

(2)

a pre-approved course of instruction that completes a career advancement requirement or improves the military readiness of the member.

(b) Compensation

(1)

At a rate and under terms determined by the Secretary of Defense and only upon successful completion of pre-approved work or a course of instruction described in subsection (a), the Secretary concerned may, at the discretion of the Secretary concerned, authorize a member described in subsection (a) to be—

(A)

awarded retirement points under section 12732(a)(2)(E) of this title; or

(B)

(i)

paid compensation under section 206 of title 37, at a rate of compensation not to exceed the rate otherwise applicable to the member paid under section 206(a) of title 37; and

(ii)

awarded retirement points under section 12732(a)(2)(E) of this title.

(2)

A member of the Individual Ready Reserve who performs screening conducted through electronic means may be paid a stipend in accordance with section 433a of title 37, in lieu of compensation under paragraph (1).

(c) Exclusion from certain benefits and protections

A member described in subsection (a) who performs pre-approved work or undertakes a pre-approved course of instruction pursuant to this section shall not—

(1)

be subject to chapter 47 of this title (Uniform Code of Military Justice); or

(2)

be entitled to any of the pay, benefits, rights, privileges, or immunities provided a member on active duty or performing reserve component duty, except as provided in subsection (b).

Sec. 4. Definition of contingency operation

Paragraph (13) of section 101(a) of title 10, United States Code, is amended by striking subparagraph (B) and inserting the following new subparagraphs:

(B)

(i)

results in a member of a reserve component being called or ordered to active duty—

(I)

under section 12341 of this title; or

(II)

under section 3713 of title 14; or

(ii)

results in a member of the Army National Guard of the United States or the Air National Guard of the United States in the member’s status as a member of the National Guard of a State or territory, the Commonwealth of Puerto Rico, or the District of Columbia being called or ordered to full-time National Guard duty under section 541 of title 32; or

(C)

results in a retired member being ordered to active duty under section 688 of this title for an operation described in subparagraph (A).

Sec. 5. Coast Guard Reserve

Section 3713 of title 14, United States Code, is amended—

Sec. 6. National Guard

Chapter 5 of title 32, United States Code, is amended to read as follows:

5 National Guard Duty

I ADMINISTRATION OF 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 instruction of National Guard

(a) In general

(1)

The President shall assign for instruction of the National Guard such members of the Regular Army or the Regular Air Force as the President considers necessary.

(2)

The Secretary of the Army may detail members of the Regular Army to attend training, maneuvers, rifle proficiency, or other exercises for field instruction of the Army National Guard.

(3)

The Secretary of the Air Force may detail members of the Regular Air Force to attend training or exercises for field instruction of the Air National Guard.

(b) Instruction

Members so detailed shall instruct the members of the National Guard at the exercise, as directed by the Secretary of the Army or Secretary of the Air Force, or as requested by the Governor or commanding officer of the National Guard there assembled.

513. Instruction in firing; supply of ammunition

Ammunition for instruction in firing and for target practice may be furnished, in such amounts as may be prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, to units of the National Guard encamped at a post, camp, or air base. The instruction shall be under the direction of a commissioned officer selected for that purpose by the proper military commander.

514. Assistance for certain youth and charitable organizations

(a) Authority To provide services

Members and units of the National Guard may provide the services described in subsection (b) to an eligible organization in conjunction with training required under this chapter in any case in which—

(1)

the provision of such services does not adversely affect the quality of that training or otherwise interfere with the ability of a member or unit of the National Guard to perform the military functions of the member or unit;

(2)

the services to be provided are not commercially available, or any commercial entity that would otherwise provide such services has approved, in writing, the provision of such services by the National Guard;

(3)

the provision of such services will enhance the military skills of the National Guard personnel providing such services; and

(4)

the provision of the services will not result in a significant increase in the cost of the training.

(b) Authorized services

The services authorized to be provided under subsection (a) are as follows:

(1)

Ground transportation.

(2)

Air transportation in support of Special Olympics.

(3)

Administrative support services.

(4)

Technical training services.

(5)

Emergency medical assistance and services.

(6)

Communications services.

(c) Other authorized assistance

Facilities and equipment of the National Guard, including military property of the United States issued to the National Guard and General Services Administration vehicles leased to the National Guard or to the Department of Defense, may be used in connection with providing services to any eligible organization under this section.

(d) Eligible organizations

The organizations eligible to receive services under this section are as follows:

(1)

The Boy Scouts of America.

(2)

The Girl Scouts of America.

(3)

The Boys Clubs of America.

(4)

The Girls Clubs of America.

(5)

The Young Men’s Christian Association.

(6)

The Young Women’s Christian Association.

(7)

The Civil Air Patrol.

(8)

The United States Olympic Committee.

(9)

The Special Olympics.

(10)

The Campfire Boys.

(11)

The Campfire Girls.

(12)

The 4–H Club.

(13)

The Police Athletic League.

(14)

Any other youth or charitable organization designated by the Secretary of Defense.

515. National Guard Youth Challenge Program of opportunities for civilian youth

(a) Program authority and purpose

The Secretary of Defense may use the National Guard to conduct a civilian youth opportunities program, to be known as the National Guard Youth Challenge Program, which shall consist of at least a 22-week residential program and a 12-month post-residential mentoring period. The Program shall seek to improve life skills and employment potential of participants by providing military-based training and supervised work experience, together with the core program components of assisting participants to receive a high school diploma or its equivalent, leadership development, promoting fellowship and community service, developing life coping skills and job skills, improving physical fitness, and improving health and hygiene.

(b) Conduct of the program

(1)

The Secretary of Defense shall provide for the conduct of the Program in such States as the Secretary considers to be appropriate.

(2)

The Secretary shall carry out the Program using—

(A)

funds appropriated directly to the Secretary of Defense for the Program; and

(B)

nondefense funds made available or transferred to the Secretary of Defense by other Federal agencies to support the Program.

(3)

The Secretary of Defense shall remain the executive agent to carry out the Program regardless of the source of funds for the Program or any transfer of jurisdiction over the Program within the executive branch.

(c) Program agreements

(1)

To carry out the Program in a State, the Secretary of Defense shall enter into an agreement with the Governor of the State or, in the case of the District of Columbia, with the commanding general of the District of Columbia National Guard, under which the Governor or the commanding general will establish, organize, and administer the Program in the State.

(2)

The agreement may provide for the Secretary to provide funds to the State for civilian personnel costs attributable to the use of civilian employees of the National Guard in the conduct of the Program.

(d) Matching funds required

(1)

The amount of assistance provided by the Secretary of Defense to a State program of the Program for a fiscal year under this section shall not exceed 75 percent of the costs of operating the State program during that fiscal year.

(2)

The limitation in paragraph (1) shall not be construed as a limitation on the amount of assistance that may be provided to a State program of the Program for a fiscal year from sources other than the Department of Defense.

(e) Persons eligible To participate in program

A school dropout from secondary school shall be eligible to participate in the Program. The Secretary of Defense shall prescribe the standards and procedures for selecting participants from among school dropouts.

(f) Authorized benefits for participants

(1)

To the extent provided in an agreement entered into in accordance with subsection (c), and subject to the approval of the Secretary of Defense, a person selected for training in the Program may receive the following benefits in connection with that training:

(A)

Allowances for travel expenses, personal expenses, and other expenses.

(B)

Quarters.

(C)

Subsistence.

(D)

Transportation.

(E)

Equipment.

(F)

Clothing.

(G)

Recreational services and supplies.

(H)

Other services.

(I)

Subject to paragraph (2), a temporary stipend upon the successful completion of the training, as characterized in accordance with procedures provided in the agreement.

(2)

In the case of a person selected for training in the Program who afterwards becomes a member of the National Civilian Community Corps under subtitle E of title I of the National and Community Service Act of 1990 (42 U.S.C. 12611 et seq.), the person shall not receive a temporary stipend under paragraph (1)(I) while the person is a member of that Corps. The person may receive the temporary stipend after completing service in that Corps unless the person elects to receive benefits provided under subsection (f) or (g) of section 158 of such Act (42 U.S.C. 12618).

(g) Program personnel

(1)

Members of the National Guard of a State in which the Program is conducted may serve on full-time National Guard duty for the purpose of providing command, administrative, training, or supporting services for the Program. For the performance of those services, any such personnel may be ordered to duty under section 542 of this title for not longer than the period of the Program.

(2)

A Governor participating in the Program and the commanding general of the District of Columbia National Guard (if the District of Columbia National Guard is participating in the Program) may procure by contract the temporary full-time services of such civilian personnel as may be necessary to augment National Guard personnel in carrying out the Program in that State.

(3)

Civilian employees of the National Guard performing services for the Program and contractor personnel performing such services may be required, when appropriate to achieve the purposes of the Program, to be members of the National Guard and to wear the military uniform.

(h) Equipment and facilities

(1)

Equipment and facilities of the National Guard, including military property of the United States issued to the National Guard, may be used in carrying out the Program.

(2)

Activities under the Program shall be considered noncombat activities of the National Guard for purposes of section 710 of this title.

(i) Status of participants

(1)

A person receiving training under the Program shall be considered an employee of the United States for the purposes of the following provisions of law:

(A)

Subchapter I of chapter 81 of title 5 (relating to compensation of Federal employees for work injuries).

(B)

Section 1346(b) and chapter 171 of title 28 and any other provision of law relating to the liability of the United States for tortious conduct of employees of the United States.

(2)

In the application of the provisions of law referred to in paragraph (1)(A) to a person referred to in paragraph (1)—

(A)

the person shall not be considered to be in the performance of duty while the person is not at the assigned location of training or other activity or duty authorized in accordance with a Program agreement referred to in subsection (c), except when the person is traveling to or from that location or is on pass from that training or other activity or duty;

(B)

the person’s monthly rate of pay shall be deemed to be the minimum rate of pay provided for grade GS–2 of the General Schedule under section 5332 of title 5; and

(C)

the entitlement of a person to receive compensation for a disability shall begin on the day following the date on which the person’s participation in the Program is terminated.

(3)

A person referred to in paragraph (1) shall not be considered an employee of the United States for any purpose other than a purpose set forth in that paragraph.

(j) Supplemental resources

To carry out the Program in a State, the Governor of the State or, in the case of the District of Columbia, the commanding general of the District of Columbia National Guard may supplement funds made available under the Program out of other resources (including gifts) available to the Governor or the commanding general. The Governor or the commanding general may accept, use, and dispose of gifts or donations of money, other property, or services for the Program.

(k) Report

Not later than 90 days after the end of each fiscal year, the Secretary of Defense shall submit to Congress a report on the design, conduct, and effectiveness of the Program during the preceding fiscal year. In preparing the report, the Secretary shall coordinate with the Governor of each State in which the Program is carried out and, if the Program is carried out in the District of Columbia, with the commanding general of the District of Columbia National Guard.

(l) Definitions

In this section:

(1)

The term State includes the Commonwealth of Puerto Rico, the District of Columbia, a territory of the United States, and a possession of the United States.

(2)

The term school dropout means an individual who is no longer attending any school and who has not received a secondary school diploma or a certificate from a program of equivalency for such a diploma.

(3)

The term Program means the National Guard Youth Challenge Program carried out pursuant to this section.

(m) Regulations

The Secretary of Defense shall prescribe regulations to carry out the Program. The regulations shall address at a minimum the following:

(1)

The terms to be included in the Program agreements required by subsection (c).

(2)

The qualifications for persons to participate in the Program, as required by subsection (e).

(3)

The benefits authorized for Program participants, as required by subsection (f).

(4)

The status of National Guard personnel assigned to duty in support of the Program under subsection (g).

(5)

The conditions for the use of National Guard equipment and facilities to carry out the Program, as required by subsection (h).

(6)

The status of Program participants, as described in subsection (i).

(7)

The procedures to be used by the Secretary when communicating with States about the Program.

516. Regulations

(a) In general

The Secretary of Defense shall prescribe such regulations as the Secretary considers necessary to carry out this chapter.

(b) Boundary restrictions

(1)

Except as provided in paragraph (2) or (3), full-time National Guard duty and reserve component duty described in this chapter shall not be performed—

(A)

on land outside the United States, the Commonwealth of Puerto Rico, the District of Columbia, a territory of the United States, or a possession of the United States;

(B)

on water outside the territorial sea of the United States, the Commonwealth of Puerto Rico, a territory of the United States, or a possession of the United States; or

(C)

in international airspace outside the United States, the Commonwealth of Puerto Rico, a territory of the United States, or a possession of the United States.

(2)

While on full-time National Guard duty or performing reserve component duty, a member may transit land, water, or airspace described in paragraph (1) in properly sanctioned modes of transportation between or among the United States, the Commonwealth of Puerto Rico, a territory of the United States, or a possession of the United States.

(c) Continuous period of duty

(1)

When the authority or purpose for a member to serve on full-time National Guard duty changes with no break in service—

(A)

the order to full-time National Guard duty shall be amended to cite the new authority or purpose and the applicable funding; and

(B)

the member shall remain on the same order to full-time National Guard duty.

(2)

If a member is released from full-time National Guard duty and subsequently ordered to active duty or full-time National Guard duty with a break in service of 24 hours or fewer, the period of service shall be treated as continuous Federal service for the purposes of pay and benefits, unless otherwise specified in law.

(d) Documentation of manpower and appropriations

To account for manpower utilization and expenditure of appropriations—

(1)

each order to full-time National Guard duty described in this chapter shall cite the authority and the purpose of the order to duty, and each amendment to such order shall cite the new authority or purpose of the duty if the authority or purpose changes; and

(2)

the purpose of reserve component duty described in this chapter and the associated funding shall be documented.

(e) Duty without pay

(1)

Subject to other provisions of this title, any member of the National Guard may be ordered to full-time National Guard duty—

(A)

with the pay and allowances provided by law; or

(B)

with the member’s consent, without pay.

(2)

An order to full-time National Guard duty described in subchapter II of this title without pay shall be considered for all purposes (other than pay) as if it were an order to full-time National Guard duty with pay.

(3)

A member of the National Guard who is retained on full-time National Guard duty after the member’s term of service expires is entitled to pay and allowances while on that duty, except that the pay and allowances may be forfeited—

(A)

under the approved sentence of a court-martial;

(B)

by non-judicial punishment by a commanding officer; or

(C)

when the member is otherwise in a non-pay status.

(f) Funding

Amounts necessary for the pay, subsistence, transportation, and other proper expenses of any part of the National Guard of a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, or the United States Virgin Islands participating in an exercise under section 552(b)(1) of this title may be set aside from funds allocated to it from appropriations for field instruction.

(g) Payment rule

Members of the National Guard participating in an exercise under section 552(b)(1) of this title may, after being mustered, be paid for the period beginning with the date of leaving home and ending with the date of return, as determined in advance. If otherwise correct, such a payment passes to the credit of the disbursing officer.

(h) Order to duty

A unit or member of the Army National Guard or Air National Guard may only be ordered to duty under this title by the Governor of a State or territory, the Governor of the Commonwealth of Puerto Rico, or the commanding general of the District of Columbia National Guard, or their designated authority, as applicable, for purposes authorized by the Secretary of the Army or the Secretary of the Air Force, as appropriate.

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.

II DUTY AUTHORITIES

541. Category I: full-time National Guard duty

(a) In general

(1)

Under regulations prescribed by the Secretary of the Army or Secretary of the Air Force, as the case may be, which shall conform to regulations prescribed by the Secretary of Defense, a member of the National Guard may be ordered to or retained on full-time National Guard duty for a purpose described in section 551 of this title.

(2)

Duty performed pursuant to an order to full-time National Guard duty under this section shall be known as category I full-time National Guard duty.

(b) Member consent

(1)

A member of the National Guard may, with or without the consent of the member, be ordered to full-time National Guard duty under this section.

(2)

A member of the National Guard who is, without the consent of the member, ordered to full-time National Guard duty under this section shall not be retained on full-time National Guard duty beyond the duration limitation described in section 551 of this title, if any, for the purpose of that duty.

(3)

A member of the National Guard who is, with the consent of the member, ordered to full-time National Guard duty under this section shall not be subject to a duration limitation described in section 551 of this title, if any, for the purpose of that duty.

542. Category II: full-time National Guard duty

(a) In general

(1)

Under regulations prescribed by the Secretary of the Army or Secretary of the Air Force, as the case may be, which shall conform to regulations prescribed by the Secretary of Defense, a member of the National Guard may be ordered to or retained on full-time National Guard duty for a purpose described in section 552 of this title.

(2)

Duty performed pursuant to an order to full-time National Guard duty under this section shall be known as category II full-time National Guard duty.

(b) Member consent

Member consent is required for an order to full-time National Guard duty under this section, except for required training described in section 552(a) of this title.

(c) Category I operation or mission exclusion

Except as provided in section 551(c) of this title, a member of the National Guard shall not be ordered to or retained on full-time National Guard duty under this section if that duty is in support of an operation or mission for which members have been ordered—

(1)

to active duty under section 12341 of title 10; or

(2)

to full-time National Guard duty under section 541 of this title.

543. Category III: reserve component duty

(a) In general

(1)

Under regulations prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, which shall conform to regulations prescribed by the Secretary of Defense, a member of the National Guard may be required, or otherwise authorized, to perform reserve component duty for a purpose described in section 553 of this title.

(2)

Duty performed pursuant to an order to reserve component duty under this section shall be known as category III reserve component duty.

(b) Member consent

(1)

A member of the National Guard may, without the consent of the member, be required to perform reserve component duty under this section for required training described in section 553(a) of this title.

(2)

A member of the National Guard may, with the consent of the member, be authorized to perform reserve component duty under this section for—

(A)

additional training described in section 553(b) of this title; or

(B)

support activities or requirements described in section 553(c) of this title.

(c) Period of service

(1)

Each period of reserve component duty performed under this section shall be for a duration of not fewer than 2 hours.

(2)

Not more than 2 periods of reserve component duty under this section may be performed in a calendar day.

(d) Hostile fire or imminent danger areas

A member of the National Guard shall not be permitted to perform reserve component duty under this section if the location of such duty is in a designated hostile fire or an imminent danger area.

(e) Category I mission exclusion

A member of the National Guard shall not perform reserve component duty under this section if that duty is in support of an operation or mission for which members are ordered—

(1)

to active duty under section 12341 of title 10 for such operation or mission; or

(2)

to full-time National Guard duty under section 541 of this title.

544. Category IV: remote assignments

(a) In general

(1)

Under regulations prescribed by the Secretary of the Army in the case of the Army National Guard and the Secretary of the Air Force in the case of the Air National Guard, which shall conform to regulations prescribed by the Secretary of Defense, an authority designated by the Governor, at the discretion of that authority, may assign a member of the Army National Guard or Air National Guard (other than a member assigned to the inactive Army National Guard or inactive Air National Guard)—

(A)

work described in section 554(a)(1) of this title that has been pre-approved by the Secretary of the Army in the case of the Army National Guard and the Secretary of the Air Force in the case of the Air National Guard; or

(B)

a course of instruction described in section 554(a)(2) of this title that has been pre-approved by the Secretary of the Army in the case of the Army National Guard and the Secretary of the Air Force in the case of the Air National Guard.

(2)

Duty performed pursuant to an assignment under this section shall be known as a category IV remote assignment.

(b) Individually assigned

Work or a course of instruction assigned under this section shall be specifically and individually assigned to a member described in subsection (a).

(c) Direct military control not required

(1)

Work or a course of instruction assigned under this section shall not require direct military control of the member or the presence of a supervisor or instructor.

(2)

Work or a course of instruction assigned under this section may be performed at a time and location determined by the member, subject to any completion deadline or other applicable requirement established by the Governor.

(d) Electronic based methodology

A course of instruction assigned under subsection (a)(2) may be completed by an electronic-based distributed learning methodology or other means approved by the Governor.

III DUTY PURPOSE

551. Category I: full-time National Guard duty purposes

(a) President or secretary of defense request

A member of the National Guard may be ordered to full-time National Guard duty under section 541 of this title for the purpose of supporting operations or missions that are undertaken by the member’s unit at the request of the President or Secretary of Defense.

(b) Homeland defense activities

(1)

A member of the National Guard may be ordered to full-time National Guard duty under section 541 of this title for the purpose of performing homeland defense activities, as that term is defined in section 901(1) of this title and described in section 904 of this title.

(2)

(A)

A member of the National Guard may, without the consent of the member, be ordered to or retained on full-time National Guard duty for the purpose described in paragraph (1) for a period of not more than 180 days, except that the Governor of the State may extend, with the concurrence of the Secretary of Defense, the 180-day period one time for an additional 90 days to meet extraordinary circumstances.

(B)

In this paragraph the term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the United States Virgin Islands.

(c) Special rule regarding call-Up related activities

(1)

A member of the National Guard may be ordered to or retained on full-time National Guard duty under section 541 of this title for the purpose of—

(A)

completing training that is required to prepare the member for a category I active duty purpose described in this section or section 12351 of title 10;

(B)

completing activities approved by the Secretary concerned that are required to prepare the member for a category I active duty purpose described in this section or section 12351 of title 10;

(C)

receiving medical or dental care required to meet the deployment readiness standards for a category I active duty purpose described in this section or section 12351 of title 10;

(D)

undergoing medical evaluation or receiving treatment or rehabilitation for an injury, illness, or disease incurred or aggravated in the line of duty while serving on full-time National Guard duty under section 541 of this title or active duty under section 12341 of title 10;

(E)

undergoing medical evaluation for disability separation or retirement under chapter 61 of this title for an injury, illness, or disease incurred or aggravated in the line of duty while serving on full-time National Guard duty under section 541 of this title or active duty under section 12341 of title 10;

(F)

participating in post-deployment and reintegration activities approved by the Secretary of Defense following service on active duty under section 12341 of title 10.

(2)

(A)

A member on full-time National Guard duty under section 542 of this title who is performing Active Guard and Reserve functions described in section 552(d)(1) of this title may be ordered to full-time National Guard duty under section 541 of this title for the purpose of supporting an operation or mission described in this section while retaining the member’s status as an Active Guard and Reserve.

(B)

During a period that a member described in subparagraph (A) is serving on full-time National Guard duty under section 541, the member may perform duties in connection with any operation or mission for a purpose described in subsection (a) or (b), notwithstanding the limitations described in section 552(d) of this title on the duties a member described in subparagraph (A) is authorized to perform.

(C)

Funds available for the pay and allowances of a member described in subparagraph (A) for performing the duties described in section 552(d) of this title shall be available for the pay and allowances of the member while performing an operation or mission pursuant to subparagraph (A).

552. Category II: full-time National Guard duty purposes

(a) Required training

(1)

Under regulations to be prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, each unit of the National Guard, unless excused by the Secretary concerned, shall assemble for the purpose of training for not less than 15 days each year.

(2)

A member of the National Guard who has served on active duty for one year or longer shall not be required to participate in training required under paragraph (1) if the first day of such training falls during the last 120 days of the member’s required membership in the National Guard.

(b) Additional training and training support

At any time, a member of the National Guard may, with the consent of the member, be ordered to or retained on full-time National Guard duty under section 542 of this title for the purpose of—

(1)

additional training, including—

(A)

participation in training, maneuvers, rifle proficiency, or any other exercise for field instruction, independently of or in conjunction with the Army or the Air Force;

(B)

participation in a joint exercise with the Army or the Air Force for instruction to prepare the National Guard for response to a civil emergency or disaster;

(C)

attendance at a school conducted by the Army or the Air Force, as appropriate;

(D)

conducting or attending a school conducted by the National Guard;

(E)

participation in a small arms competition;

(F)

in the case of the Army National Guard—

(i)

attendance at any service school, except the United States Military Academy, to pursue a regular course of study at the school; or

(ii)

attaching to an organization of the branch of the Army corresponding to the organization of the Army National Guard to which the member belongs, for routine practical instruction at or near an Army post during training, maneuvers, rifle proficiency, or any other exercise for field instruction; or

(G)

in the case of the Air National Guard—

(i)

attendance at any service school, except the United States Air Force Academy, to pursue a regular course of study at the school; or

(ii)

attaching to an organization of the Air Force corresponding to the organization of the Air National Guard to which the member belongs, for routine practical instruction at an air base during field training or any other outdoor exercise; or

(2)

supporting a training operation or training mission assigned in whole or in part to the National Guard by the Secretary of the Army or the Secretary of the Air Force, as the case may be, but only to the extent that such training operation or training mission is solely to instruct active duty military, foreign military (under the same authorities and restrictions applicable to active duty troops), Department of Defense contractor personnel, or Department of Defense civilian employees.

(c) Other activities or requirements

At any time, a member of the National Guard may, with the consent of the member, be ordered to or retained on full-time National Guard duty under section 542 of this title for the purpose of—

(1)

carrying out drug interdiction and counter-drug activities, to the extent that those activities are in accordance with the State drug interdiction and counter-drug activities plan referred to in section 112(c) of this title;

(2)

providing command, administrative, training, or support services for the National Guard Youth Challenge Program as provided in section 515(g) of this title;

(3)

preparing for or performing funeral honors functions at the funeral of veterans as described in section 1491 of title 10, which shall be treated as a Federal function for which appropriated funds may be used;

(4)

providing operational support, other than for missions or operations described in section 551 of this title, authorized by the Secretary of Defense;

(5)

receiving authorized medical or dental care authorized by the Secretary of the Army or the Secretary of the Air Force;

(6)

undergoing medical evaluation for disability or for other similar purposes; or

(7)

performing an activity or requirement authorized by the Secretary of Defense.

(d) Active Guard and Reserve

(1)

The Governor of a State, the Commonwealth of Puerto Rico, Guam, or the United States Virgin Islands, or the commanding general of the District of Columbia National Guard may, with the consent of the member, order a member of the National Guard to full-time National Guard duty under section 542 of this title for the purpose of performing the Active Guard and Reserve functions of organizing, administering, recruiting, instructing, or training the reserve components. Subject to regulations prescribed by the Secretary of Defense, a member performing Active Guard and Reserve functions described in the preceding sentence may support an operation or mission described in subsection (a) or (b) of section 551 of this title.

(2)

Subject to regulations prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, a member performing Active Guard and Reserve functions pursuant to paragraph (1) may carry out the additional activities described in section 552(b)(2) of this title to the extent that the performance of those activities does not interfere with the performance of the member’s primary Active Guard and Reserve functions described in paragraph (1).

(3)

A member performing Active Guard and Reserve functions pursuant to paragraph (1) may perform functions in support of emergency preparedness programs described in paragraph (3) of section 12352(f) of title 10, subject to the requirements, limitations, and restrictions provided in such paragraph (3). A member on full-time National Guard duty who is performing functions in support of emergency preparedness described in the preceding sentence shall be counted against the annual end strength authorizations described in paragraphs (1)(B) and (2) of section 115(a) of title 10.

(4) Waiver authority

(A)

Notwithstanding section 101(c)(8)(A) of title 10 and subsection (b) of this section, the Governor of a State or the Commonwealth of Puerto Rico, Guam, or the Virgin Islands, or the commanding general of the District of Columbia National Guard, as the case may be, may, at the request of the Secretary concerned, order a member of the National Guard to perform Active Guard and Reserve functions for purposes of performing training of the regular components of the Armed Forces as the primary duty.

(B)

Training performed under subparagraph (A) must be performed in the United States or the Commonwealth of Puerto Rico or possessions of the United States.

(C)

No more than 100 personnel may be granted a waiver by a Secretary concerned under subparagraph (A) at a time.

(D)

The authority under subparagraph (A) shall terminate on October 1, 2024.

(e) Sexual assault line of duty determination

(1)

In the case of a National Guard member who is the alleged victim of sexual assault committed while on full-time National Guard duty and who is expected to be released from full-time National Guard duty before the determination is made regarding whether the member was assaulted while in the line of duty (in this section referred to as a line of duty determination), upon the request of the member, the member may, with the consent of the member, be ordered to or retained on full-time National Guard duty under section 542 of this title for the purpose of aiding in the line of duty determination until completion of the determination. A member eligible for continuation on full-time National Guard duty under this paragraph shall be informed as soon as practicable after the alleged assault of the option to request continuation on full-time National Guard duty under this paragraph.

(2)

In the case of a National Guard member who is not on full-time National Guard duty and who is the alleged victim of a sexual assault that occurred while the member was on full-time National Guard duty and when the line of duty determination is not completed, upon the request of the member, the member may be ordered to full-time National Guard duty under section 542 of this title for the purpose of aiding in the line of duty determination until completion of the determination.

(3)

The Secretaries of the military departments shall prescribe regulations to carry out this subsection, subject to guidelines prescribed by the Secretary of Defense. The guidelines of the Secretary of Defense shall provide that—

(A)

a request submitted by a member described in paragraph (1) or (2) to continue on full-time National Guard duty, or to be ordered to full-time National Guard duty, shall be decided within 30 days from the date of the request; and

(B)

if the request is denied, the member may appeal to the first general officer in the chain of command of the member, and in the case of such an appeal, a decision on the appeal shall be made within 15 days from the date of the appeal.

553. Category III: reserve component duty purposes

(a) Required training

(1)

Under regulations to be prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, each unit of the National Guard, unless excused by the Secretary concerned, shall assemble for the purpose of reserve component duty at least 48 times each year.

(2)

A member of the National Guard who has served on active duty for one year or longer shall not be required to participate in training required under paragraph (1) if the first day of such training falls during the last 120 days of the member’s required membership in the National Guard.

(3)

An assembly for reserve component duty may consist of a single ordered formation of a unit, or, when authorized by the Secretary concerned, a series of ordered formations of parts of those organizations, except that, to have a series of formations credited as an assembly, all parts of the unit must be included in the series within 90 consecutive days.

(4)

The total attendance at the series of formations constituting an assembly shall be counted as the attendance at that assembly for the required period. No member may be counted more than once or receive credit for more than one required period of attendance, regardless of the number of formations the member attends during the series constituting the assembly for the required period.

(5)

No organization may receive credit for an assembly unless—

(A)

the number of members present equals or exceeds the minimum number prescribed by the President;

(B)

the period of military duty for which a member is credited is at least one and one-half hours; and

(C)

the training is of the type prescribed by the Secretary concerned.

(6)

An appropriately rated member of the National Guard who performs an aerial flight under competent orders may receive credit for attending an assembly for the purposes of this section, if the flight prevented the member from attending a regularly scheduled assembly.

(b) Additional training

A member of the National Guard may, with the consent of the member, perform reserve component duty under section 543 of this title for the purpose of participating in additional training periods, including additional flight training periods, under section 543 of this title.

(c) Support activities or requirements

(1)

A member of the National Guard may, with the consent of the member, perform reserve component duty under section 543 of this title for the purpose of—

(A)

providing administrative support to prepare for unit training;

(B)

preparing for or performing funeral honors functions at the funeral of a veteran as described in section 1491 of title 10; or

(C)

carrying out an activity or requirement approved by the Secretary of Defense.

(2)

A member performing funeral honors functions under paragraph (1)(B)—

(A)

may be paid—

(i)

an allowance under section 435 of title 37; or

(ii)

compensation under section 206 of title 37;

(B)

shall be reimbursed for travel and transportation expenses incurred in conjunction with such duty as authorized under section 435 of title 37 if such duty is performed at a location 50 miles or more from the member’s residence; and

(C)

shall receive retirement points under section 12732(a)(2)(B) of title 10.

554. Category IV: remote assignment purposes

(a) Work or a course of instruction related to readiness

A member of the Army National Guard or Air National Guard (other than a member assigned to the inactive Army National Guard or inactive Air National Guard) may, with the consent of the member, be assigned to perform a remote assignment under section 544 of this title for the purpose of carrying out—

(1)

pre-approved work that is directly related to the readiness of the member or the readiness of the member’s unit authorized for that member; or

(2)

a pre-approved course of instruction that completes a career advancement requirement or improves the military readiness of the member.

(b) Compensation

At a rate and under terms determined by the Secretary of Defense and only upon successful completion of pre-approved work or a course of instruction described in subsection (a), the Governor of a State may, at the discretion of the Governor, authorize a member described in subsection (a) to be—

(1)

awarded retirement points under section 12732(a)(2)(E) of this title; or

(2)

(A)

paid compensation under section 206 of title 37, at a rate of compensation not to exceed the rate otherwise applicable to the member paid under section 206(a) of title 37; and

(B)

awarded retirement points under section 12732(a)(2)(E) of this title.

(c) Exclusion from certain benefits and protections

A member described in subsection (a) who performs pre-approved work or undertakes a pre-approved course of instruction pursuant to this section shall not—

(1)

be subject to any State code of military justice or similar disciplinary proceedings; or

(2)

be entitled to any of the pay, benefits, rights, privileges, or immunities provided a member on full-time National Guard duty or performing reserve component duty, except as provided in subsection (b).

Sec. 7. Alignment of benefits

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