Sec. 6. National Guard
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Chapter 5 of title 32, United States Code, is amended to read as follows: Subchapter Sec I. Administration of Duty 511 II. Duty Authorities 541 III. Duty Purposes 551 Sec. 511. Training generally. 512. Assignment and detail of members of Regular Army or Regular Air Force for instruction of National Guard. 513. Instruction in firing; supply of ammunition. 514. Assistance for certain youth and charitable organizations. 515. National Guard Youth Challenge Program of opportunities for civilian youth. 516.
Regulations. 517. Definition of reserve component duty. The discipline, including training, of— the Army National Guard shall conform to that of the Army; and the Air National Guard shall conform to that of the Air Force. 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. 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.
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. 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. 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.
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. 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— 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; 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; the provision of such services will enhance the military skills of the National Guard personnel providing such services; and the provision of the services will not result in a significant increase in the cost of the training. The services authorized to be provided under subsection
(a)are as follows: Ground transportation. Air transportation in support of Special Olympics. Administrative support services. Technical training services. Emergency medical assistance and services. Communications services. 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. The organizations eligible to receive services under this section are as follows: The Boy Scouts of America. The Girl Scouts of America. The Boys Clubs of America. The Girls Clubs of America. The Young Men’s Christian Association. The Young Women’s Christian Association. The Civil Air Patrol. The United States Olympic Committee. The Special Olympics. The Campfire Boys. The Campfire Girls. The 4–H Club. The Police Athletic League. Any other youth or charitable organization designated by the Secretary of Defense. 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. The Secretary of Defense shall provide for the conduct of the Program in such States as the Secretary considers to be appropriate. The Secretary shall carry out the Program using— funds appropriated directly to the Secretary of Defense for the Program; and nondefense funds made available or transferred to the Secretary of Defense by other Federal agencies to support the Program. 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. 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. 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. 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. 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. 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. 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: Allowances for travel expenses, personal expenses, and other expenses. Quarters. Subsistence. Transportation. Equipment. Clothing. Recreational services and supplies. Other services. Subject to paragraph (2), a temporary stipend upon the successful completion of the training, as characterized in accordance with procedures provided in the agreement. 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 ). 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. 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. 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. 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. Activities under the Program shall be considered noncombat activities of the National Guard for purposes of section 710 of this title. 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: Subchapter I of chapter 81 of title 5 (relating to compensation of Federal employees for work injuries). 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. In the application of the provisions of law referred to in paragraph (1)(A) to a person referred to in paragraph (1)— 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; 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 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. 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. 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. 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. In this section: 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. 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. The term Program means the National Guard Youth Challenge Program carried out pursuant to this section. The Secretary of Defense shall prescribe regulations to carry out the Program. The regulations shall address at a minimum the following: The terms to be included in the Program agreements required by subsection (c). The qualifications for persons to participate in the Program, as required by subsection (e). The benefits authorized for Program participants, as required by subsection (f). The status of National Guard personnel assigned to duty in support of the Program under subsection (g). The conditions for the use of National Guard equipment and facilities to carry out the Program, as required by subsection (h). The status of Program participants, as described in subsection (i). The procedures to be used by the Secretary when communicating with States about the Program. The Secretary of Defense shall prescribe such regulations as the Secretary considers necessary to carry out this chapter. 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— 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; 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 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. 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. When the authority or purpose for a member to serve on full-time National Guard duty changes with no break in service— the order to full-time National Guard duty shall be amended to cite the new authority or purpose and the applicable funding; and the member shall remain on the same order to full-time National Guard duty. 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. To account for manpower utilization and expenditure of appropriations— 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 the purpose of reserve component duty described in this chapter and the associated funding shall be documented. Subject to other provisions of this title, any member of the National Guard may be ordered to full-time National Guard duty— with the pay and allowances provided by law; or with the member’s consent, without pay. 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. 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— under the approved sentence of a court-martial; by non-judicial punishment by a commanding officer; or when the member is otherwise in a non-pay status. 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. 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. 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. In this chapter, the term reserve component duty has the meaning given that term in section 101(d)(7) of title 10. Sec. 541. Category I: full-time National Guard duty. 542. Category II: full-time National Guard duty. 543. Category III: reserve component duty. 544. Category IV: remote assignments. 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. 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. 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. 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. 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. 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. 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. 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. 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— to active duty under section 12341 of title 10; or to full-time National Guard duty under section 541 of this title. 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. Duty performed pursuant to an order to reserve component duty under this section shall be known as category III reserve component duty. 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. A member of the National Guard may, with the consent of the member, be authorized to perform reserve component duty under this section for— additional training described in section 553(b) of this title; or support activities or requirements described in section 553(c) of this title. Each period of reserve component duty performed under this section shall be for a duration of not fewer than 2 hours. Not more than 2 periods of reserve component duty under this section may be performed in a calendar day. 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. 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— to active duty under section 12341 of title 10 for such operation or mission; or to full-time National Guard duty under section 541 of this title. 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)— 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 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. Duty performed pursuant to an assignment under this section shall be known as a category IV remote assignment. Work or a course of instruction assigned under this section shall be specifically and individually assigned to a member described in subsection (a). 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. 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. 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. Sec. 551. Category I: full-time National Guard duty purposes. 552. Category II: full-time National Guard duty purposes. 553. Category III: reserve component duty purposes. 554. Category IV: remote assignment purposes. 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. 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. 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. 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. 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— 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; 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; 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; 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; 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; participating in post-deployment and reintegration activities approved by the Secretary of Defense following service on active duty under section 12341 of title 10. 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. 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. 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). 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. 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. 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— additional training, including— 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; 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; attendance at a school conducted by the Army or the Air Force, as appropriate; conducting or attending a school conducted by the National Guard; participation in a small arms competition; in the case of the Army National Guard— attendance at any service school, except the United States Military Academy, to pursue a regular course of study at the school; or 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 in the case of the Air National Guard— attendance at any service school, except the United States Air Force Academy, to pursue a regular course of study at the school; or 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 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. 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— 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; providing command, administrative, training, or support services for the National Guard Youth Challenge Program as provided in section 515(g) of this title; 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; providing operational support, other than for missions or operations described in section 551 of this title, authorized by the Secretary of Defense; receiving authorized medical or dental care authorized by the Secretary of the Army or the Secretary of the Air Force; undergoing medical evaluation for disability or for other similar purposes; or performing an activity or requirement authorized by the Secretary of Defense. 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. 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). 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. 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. Training performed under subparagraph
(A)must be performed in the United States or the Commonwealth of Puerto Rico or possessions of the United States. No more than 100 personnel may be granted a waiver by a Secretary concerned under subparagraph
(A)at a time. The authority under subparagraph
(A)shall terminate on October 1, 2024. 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. 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. 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 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 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. 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. 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. 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. 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. No organization may receive credit for an assembly unless— the number of members present equals or exceeds the minimum number prescribed by the President; the period of military duty for which a member is credited is at least one and one-half hours; and the training is of the type prescribed by the Secretary concerned. 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. 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. 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— providing administrative support to prepare for unit training; preparing for or performing funeral honors functions at the funeral of a veteran as described in section 1491 of title 10; or carrying out an activity or requirement approved by the Secretary of Defense. A member performing funeral honors functions under paragraph (1)(B)— may be paid— an allowance under section 435 of title 37; or compensation under section 206 of title 37; 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 shall receive retirement points under section 12732(a)(2)(B) of title 10. 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— 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 a pre-approved course of instruction that completes a career advancement requirement or improves the military readiness of the member. 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— awarded retirement points under section 12732(a)(2)(E) of this title; or 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 awarded retirement points under section 12732(a)(2)(E) of this title. 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— be subject to any State code of military justice or similar disciplinary proceedings; or 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). .
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