Sec. 513. Temporary authority to maintain active status and inactive status lists of members in the inactive National Guard
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The Secretary of the Army and the Secretary of the Air Force may maintain an active status list and an inactive status list of members in the inactive Army National Guard and the inactive Air National Guard, respectively. The total number of members of the Army National Guard and members of the Air National Guard on the active status lists and the inactive status lists assigned to the inactive National Guard may not exceed a total of 10,000 at any time. The total number of members of the Army National Guard and members of the Air National Guard on the active status lists of the inactive National Guard may not exceed 4,000 at any time.
Before the authority provided by this subsection is used to establish an active status list and an inactive status list of members in the inactive Army National Guard or the inactive Air National Guard, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a copy of the implementation guidance to be used to execute this authority. In addition to the transfer authority provided by section 303(b) of title 32, United States Code, while an inactive status list for the inactive National Guard exists— an enlisted member of the active Army National Guard may be transferred to the inactive Army National Guard without regard to whether the member was formerly enlisted in the inactive Army National Guard; and an enlisted member of the active Air National Guard may be transferred to the inactive Air National Guard without regard to whether the member was formerly enlisted in the inactive Air National Guard.
While an inactive status list for the inactive National Guard exists, nothing in chapter 3 of title 32, United States Code, shall be construed to prevent any of the following: An officer of the Army National Guard who fills a vacancy in a federally recognized unit of the Army National Guard from being transferred from the active Army National Guard to the inactive Army National Guard. An officer of the Air National Guard who fills a vacancy in a federally recognized unit of the Air National Guard from being transferred from the active Air National Guard to the inactive Air National Guard.
An officer of the Army National Guard transferred to the inactive Army National Guard from being transferred from the inactive Army National Guard to the active Army National Guard to fill a vacancy in a federally recognized unit. An officer of the Air National Guard transferred to the inactive Air National Guard from being transferred from the inactive Air National Guard to the active Air National Guard to fill a vacancy in a federally recognized unit. While an inactive status list for the inactive Army National Guard or inactive Air National Guard exists— the first sentence of subsection
(b)of section 10141 of title 10, United States Code, shall apply only with respect to members of the reserve components assigned to the inactive Army National Guard or inactive Air National Guard who are assigned to such inactive status list; and the exclusion of the Army National Guard of the United States or Air National Guard of the United States under the first sentence of subsection
(c)of such section shall not apply. While an inactive status list for the inactive National Guard exists, the limitation on pay for inactive-duty training contained in section 206(c) of title 37, United States Code, shall apply only to persons assigned to the inactive status list of the inactive National Guard, rather than to all persons enlisted in the inactive National Guard. Section 101(d)(4) of title 10, United States Code, is amended by adding at the end the following new sentence: However, while an inactive status list for the inactive Army National Guard or inactive Air National Guard exists, such term means the status of a member of the Army National Guard of the United States or Air National Guard of the United States who is not assigned to the inactive status list of the inactive Army National Guard or inactive Air National Guard, on another inactive status list, or in the Retired Reserve. . Paragraph
(3)of section 12732(b) of such title is amended to read as follows: Service in the inactive National Guard (for any period other than a period in which an inactive status list for the inactive National Guard exists) and service while assigned to the inactive status list of the inactive National Guard (for any period in which an inactive status list for the inactive National Guard exists). . Before the end of the period specified in subsection (h), the Secretary of Defense shall commission an independent study to evaluate the effectiveness of using an active status list for the inactive National Guard to improve the readiness of the Army National Guard and the Air National Guard. As part of the study required by this subsection, the entity conducting the study shall determine, for each year in which the temporary authority provided by subsection
(a)is used— how many members of the Army National Guard and the Air National Guard were transferred to the active status list of the inactive National Guard; how many of these vacancies were filled with personnel new to the Army National Guard; the additional cost of filling these positions; and the impact on drill and annual training participation rates. The study required by this subsection also shall include an assessment of the impact of the use of the temporary authority provided by subsection
(a)on medical readiness category 3B personnel transferred to the active status inactive National Guard, including— how long it took them to complete the Integrated Disability Evaluation System
(IDES)process; and how satisfied they were with their unit’s management and collaboration during the IDES process. Not later than 180 days after completion of the study required by this subsection, the Secretary of Defense shall submit to the Committees on Armed Services of the House of Representatives and the Senate a report containing the results of the study. The authority provided by subsection
(a)for the maintenance of both an active status list and inactive status list of members in the inactive National Guard exists only during the period beginning on October 1, 2013, and ending on December 31, 2018.