Sec. 7. Alignment of benefits

5,798 words·~26 min read·/bill/119/hr/6976/ih/section-7

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Title 5, United States Code, is amended— in the matter preceding paragraph

(1)of section 5538(a)— by inserting or full-time National Guard duty after perform active duty ; by striking under section 12304b of title 10 or a provision of law referred to in section 101(a)(13)(B) of title 10 and inserting or full-time National Guard duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) ; and by striking serving on active duty and inserting serving on such duty ; in item

(bb)of section 5742(b)(2)(B)(ii)(I), by striking (as defined in section 101(13) of title 10) and inserting (as that term is defined in section 101(a)(13) of title 10) ; in section 6323— in paragraph

(1)of subsection (a), by striking inactive duty training (as defined in section 101 of title 37), funeral honors duty (as described in section 12503 of title 10 and section 115 of title 32), or engaging in field or coast defense training under sections 502–505 of title 32 and inserting full-time National Guard duty, or reserve component duty (as that term is defined in section 101(d)(7) of title 10) after active duty, ; in paragraph

(2)of subsection (b)— in subparagraph (A)— in the matter preceding clause (i), by striking the em dash and inserting , full-time military service for a State, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States; or ; and by striking clauses

(i)and (ii); and in subparagraph (B), by striking in support of a contingency operation as defined in section 101(a)(13) of title 10 and inserting or full-time National Guard duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) ; and in paragraph

(1)of subsection (d), by striking section 12315 of title 10, under section 12301(b) or 12301(d) and inserting section 12318 of title 10, under section 12341 or 12342 ; in section 6381— in subparagraph

(B)of paragraph (7), by striking duty during the deployment and all that follows through the semicolon and inserting duty during the period the member is deployed to a foreign country in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10); ; and in subparagraphs

(A)and

(B)of paragraph (11), by inserting or full-time National Guard duty after active duty each place it appears; in subsection

(a)of section 8102a, by striking in a contingency operation and inserting in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) ; in section 8905a— in paragraph

(3)of subsection (b)— in subparagraph (C), by striking in support of a contingency operation (as defined in section 101(a)(13) of title 10) and inserting or full-time National Guard duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) ; and in subparagraphs

(D)and (E), by inserting or full-time National Guard duty after active duty ; and in subparagraph

(C)of subsection (e)(1), by inserting or full-time National Guard duty after active duty ; in subparagraph

(B)of section 8906(e)(3)— in clause (iii), by striking in support of a contingency operation (as defined in section 101(a)(13) of title 10) and inserting or full-time National Guard duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) ; and in clauses

(iv)and (v), by inserting or full-time National Guard duty after active duty ; and in subparagraph

(B)of section 9903(d)(2), by striking as defined and inserting as that term is defined . Subsection

(a)of section 332 of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1982(a) ) is amended— in the matter preceding paragraph (1), by striking who— and inserting who is on active duty or full-time National Guard duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10, United States Code). ; and by striking paragraphs

(1)and (2). Title 10, United States Code, is amended— in section 701— in the matter following paragraph

(4)of subsection (a), by striking section 316, 502, 503, 504, or 505 and inserting section 541 or 542 ; in paragraph

(2)of subsection (e)— by striking in a duty assignment and inserting or full-time National Guard duty ; and by striking such service on active duty and inserting such duty ; in paragraph

(2)of subsection (h)— in subparagraph (A), by inserting , other than a member of a reserve component after active duty ; in subparagraph (B), by striking active Guard and Reserve duty and inserting Active Guard and Reserve functions pursuant to section 12352(f) of this title or section 552(d) of title 32 ; and in subparagraph (C), by striking an active duty recall or mobilization order and inserting an order to active duty under section 12341 of this title, or a member of the National Guard subject to an order to full-time National Guard duty under section 541 of title 32, ; and in subsection (l)(1), by striking

(B)Subparagraph

(A)and all that follows through the period at the end and inserting the following: Subparagraph

(A)applies to the following members: A member on active duty, other than a member of a reserve component. A member of a reserve component performing Active Guard and Reserve functions pursuant to section 12352(f) of this title or 552(d) of title 32. A member of a reserve component subject to an order to active duty under section 12341 or 12342 of this title, or a member of the National Guard subject to an order to full-time National Guard duty under section 541 or 542 of title 32, in excess of 12 months. ; in subparagraph

(B)of section 704(c)(1), by striking in a contingency operation and inserting in support of a contingency operation ; in paragraph

(1)of section 709a(a), by striking in a contingency operation and inserting in support of a contingency operation ; in section 1035— in subsection (b)— by inserting during before the Persian ; and by inserting while serving on active duty or full-time National Guard duty in support of after Gulf conflict, or ; and in subsection (f), by inserting while on active duty after its possessions ; in paragraph

(4)of section 1044(a)— by striking under a call or order to active duty for more than 30 days issued under a mobilization authority (as determined by the Secretary) and inserting or full-time National Guard duty for a period of more than 30 days in support of a contingency operation ; and by striking served on active duty and all that follows through the period and inserting served on such duty. ; in subsection

(d)of section 1074— by striking paragraph (2); and in paragraph (1)— in the matter preceding subparagraph (A)— by striking a delayed-effective-date active-duty order and inserting an order to report for active duty or full-time National Guard duty in support of a contingency operation ; and by striking on active duty and inserting on such duty ; in subparagraph (B), by striking active duty and inserting such duty ; by striking

(1)For the purposes and inserting For the purposes ; and by redesignating subparagraphs

(A)and (B), as amended by clauses

(i)and (ii), as paragraphs

(1)and (2), respectively; in section 1074a— in subsection (a)— in each of paragraphs

(1)and (2)— in subparagraph (A), by inserting or after the semicolon; in subparagraph (B), by striking inactive-duty training; or and inserting reserve component duty. ; and by striking subparagraph (C); in paragraph (3), by striking inactive-duty training and inserting reserve component duty each place it appears; and by striking paragraph (4); in the matter preceding subparagraph

(A)of subsection (d)(1), by striking mobilization and inserting reporting for active duty or full-time National Guard duty in support of a contingency operation ; and in paragraph

(1)of subsection (h)— by striking inactive-duty training and inserting reserve component duty ; and by striking unit training assemblies and inserting periods of such duty ; in section 1074f— in subsection (a), by striking as part of a contingency operation and inserting in support of a contingency operation ; in the matter preceding clause

(i)of subsection (d)(2)(E), by striking or contingency operations and inserting or in support of a contingency operation ; and in each of paragraphs (1), (2)(A), and

(3)of subsection (f), by inserting in support of a before contingency operation ; in paragraph

(2)of section 1145(a)— in subparagraph (B), by striking to which and all that follows through the period and inserting or full-time National Guard duty in support of a contingency operation for a period of more than 30 days. ; in subparagraph (C), by striking section 12305 and inserting section 12311 ; in subparagraph (F), by inserting , or a member performing Active Guard and Reserve functions who separates from active duty or full-time National Guard duty and agrees to remain in the Selected Reserve of the Ready Reserve of a reserve component after a reserve component ; and in subparagraph (G), by striking section 502(f) and all that follows before the period at the end and inserting section 541 of title 32 for a period of active service of more than 30 days ; in subsection

(j)of section 1175a— in paragraph (1), by inserting or full-time National Guard duty after active duty ; in paragraph (2)— by striking involuntarily ; and by striking in accordance with and all that follows through of title 32 and inserting in support of a contingency operation ; in paragraph (3)— by striking or full-time National Guard duty in accordance with section 101(d)(1), 101(d)(2), 101(d)(5), 12301(d) and inserting under section 12342 of this title ; by striking 12319, or 12503 of this title, or section 114, 115, or 502(f)(1)(B) and inserting or full-time National Guard duty under section 542 ; and in subparagraph

(A)of paragraph (4)— by striking involuntary ; by inserting under section 12342 after active duty ; and by inserting under section 542 of title 32 after full-time National Guard duty . in the matter preceding subparagraph

(A)of section 1218(d)(1), by striking mobilization and deployment and inserting deployment in support of a contingency operation ; in subsection

(a)of section 1482a, in the matter preceding paragraph (1), by inserting support of after an armed force in ; in paragraph

(2)of section 1552(i), by inserting in support of a after during a war or ; in paragraph

(2)of section 1553(f), by inserting in support of a after during a war or ; in subsection

(b)of section 1788, by striking in connection with and inserting in support of ; in section 12408— in subsection (a), by striking called into Federal service under section 12301(a), 12302, or 12304 of this title and inserting called or ordered to active duty in support of a contingency operation ; and in subsection (b), by striking is mustered out of Federal service and inserting is released from such duty described in subsection

(a); in subsection

(b)of section 12686— in the first sentence, by striking section 12301 of this title and all that follows through that order. and inserting section 12342 of this title, or to full-time National Guard duty (other than for training) under section 542 of title 32, pursuant to an order to such duty that specifies a period of less than 180 days and who (but for this subsection) would be covered by subsection (a), the Secretary concerned may require as a condition of that order that the member waive the applicability of subsection

(a)to the member for the period of such duty covered by that order. ; and in the second sentence, by striking before the period of active duty begins and inserting before the period of such duty begins ; in paragraph

(2)of section 12731(f), by striking subparagraph

(B)and inserting the following: Active service described in this subparagraph is service on active duty or full-time National Guard duty in support of a contingency operation. ; in paragraph

(2)of section 12732(a)— by striking subparagraph

(A)and inserting the following: One point for each day of active service. ; by striking subparagraph

(B)and inserting the following: One point for each period of reserve component duty performed by the member under section 12343 of this title or section 543 of title 32. ; and by striking subparagraph

(E)and inserting the following: Points credited, as determined by the Secretary concerned— in accordance with section 12354(b) of this title, for completion of pre-approved work or completion of a pre-approved course of instruction assigned under section 12344 of this title; or in accordance with section 554(b) of title 32, for completion of pre-approved work or completion of a pre-approved course of instruction assigned under section 544 of such title. ; in section 12733— by striking paragraph (2); by redesignating paragraphs (3), (4), (5), and

(6)as paragraphs (2), (3), (4), and (5), respectively; and in the matter preceding subparagraph

(A)of paragraph (2), as so redesignated, by striking under clause and inserting under subparagraph ; in section 14317— in paragraph

(1)of subsection (d)— in subparagraph (A)— by inserting or full-time National Guard duty after active duty the first place it appears; and by striking unit is ordered to active duty and inserting unit is ordered to such duty ; and in subparagraph (B), by inserting or full-time National Guard duty after active duty ; and in subsection (e)— in the matter preceding subparagraph

(A)of paragraph (1)— by inserting component after reserve ; and by inserting or full-time National Guard duty after ordered to active duty ; and in paragraphs (1)(B) and (2), by inserting or full-time National Guard duty after active duty ; in clause

(i)of section 16131(c)(3)(B), by striking ordered to and all that follows through the semicolon and inserting ordered to active duty or full-time National Guard duty in support of a contingency operation; ; and in paragraph

(4)of section 16133(b)— in the matter preceding subparagraph (A), by striking pursuant to and all that follows through of this title and inserting or full-time National Guard duty in support of a contingency operation ; and in subparagraphs

(A)and (B), by striking duty . Subsection

(a)of section 344 of the National Defense Authorization Act for Fiscal Year 2004 ( Public Law 108–136 ; 10 U.S.C. prec. 1030 note) is amended— in paragraph (1), by striking direct ; and in paragraph (2)— by striking directly supporting and inserting serving in support of ; and by striking direct . Paragraph

(2)of section 707(b) of title 11, United States Code, is amended— in clause

(i)of subparagraph (B), by inserting or full-time National Guard duty after active duty ; and in subparagraph (D)— in clause (i), by striking subclause

(II)and inserting the following: on full-time National Guard duty (as defined in section 101(19) of title 32); or ; in clause (ii), by striking subclause

(II)and inserting the following: on, and during the 540-day period beginning immediately after the debtor is released from, a period of full-time National Guard duty (as defined in section 101(19) of title 32) of not less than 90 days; ; and in the matter following subclause

(II)of clause (ii), as amended by subparagraph (B), by striking was called to such active duty or performed such homeland defense activity and inserting was called or ordered to active duty or full-time National Guard duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) . Subsection

(a)of section 2508 of title 14, United States Code, is amended by inserting (as that term is defined in section 101(a)(13) of title 10) after contingency operation . Clause

(i)of section 3(q)(5)(A) of the Small Business Act ( 15 U.S.C. 632(q)(5)(A) ) is amended— in subclause (I), by striking under a provision of law specified in section 101(a)(13)(B) of title 10, United States Code, and inserting or full-time National Guard duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10, United States Code) ; and in subclause (II), by striking active duty pursuant to a call or order to active duty under a provision of law referred to in subclause

(I)and inserting duty pursuant to a call or order to active duty or full-time National Guard duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10, United States Code) . Paragraph

(2)of section 3 of the Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 ( 15 U.S.C. 636 note; Public Law 101–186 ) is amended by inserting , and such term includes full-time National Guard duty after United States Code . Subparagraph

(A)of section 603(q)(1) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a(q)(1)(A) ) is amended by striking or is a reservist performing duty under a call or order to active duty under a provision of law referred to and inserting or is a member described in subparagraph

(B)or

(C)of section 101(a)(13) of title 10, United States Code, on active duty or full-time National Guard duty in support of a contingency operation as that term is defined . Subsection

(h)of section 209 of title 18, United States Code, is amended— by striking a member the first place it appears and all that follows through title 10 and inserting a member of the armed forces described in section 101(a)(13)(B) of title 10, on active duty or full-time National Guard duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) ; and by inserting or full-time National Guard duty after active duty each place it appears. Paragraph

(2)of section 1404(c) of the Defense Dependents’ Education Act of 1978 ( 20 U.S.C. 923(c)(2) ) is amended— in subparagraph (B)— in clause (i), by striking section 12301 or 12302 of title 10, United States Code, and inserting section 12341 or 12342 of title 10, United States Code, or are on full-time National Guard duty under section 541 or 542 of title 32, United States Code ; in clause (ii), by inserting or full-time National Guard duty after active duty ; and in clause (iii)— by inserting

(I)before are serving ; by striking the period and inserting ; or ; and by adding at the end the following new subclause: in the case of the National Guard, are serving on full-time National Guard duty in Alaska, Hawaii, or Puerto Rico, but only if that State or territory is not the State or territory from which the member was ordered to full-time National Guard duty. . The Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) is amended— in subsection

(d)of section 481 ( 20 U.S.C. 1088(d) )— in subparagraph

(A)of paragraph (4), by striking a Reserve and all that follows through United States Code, and inserting a member of the Armed Forces described in section 101(a)(13)(B) of title 10, United States Code, who is ordered to active duty or full-time National Guard duty in support of a contingency operation (as that term is defined in section 101(a)(13) of such title), ; and by striking paragraph (5); and in section 484C ( 20 U.S.C. 1091c )— in subsection (a), by inserting or full-time National Guard duty after active duty ; in subparagraph

(C)of subsection (c)(3), by striking clauses (i), (ii), and

(iii)and inserting the following: ordered to, or retained on, active duty or full-time National Guard duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10, United States Code); ordered to, or retained on, active duty under section 2127, 2128, 2308, 2309, or 2314 of title 14, United States Code; retained on active duty pursuant to section 123, 671a, 671b, or 12311 of title 10, United States Code, because of a war or national emergency declared by the President or Congress, as determined by the Secretary concerned; or ; in clause (iv), by striking ; or and inserting a period; and by striking clause (v). Section 5 of the Higher Education Relief Opportunities for Students Act of 2003 ( 20 U.S.C. 1098ee ) is amended— by redesignating paragraphs

(2)through

(6)as paragraphs

(3)through (7), respectively; by inserting after paragraph

(1)the following new paragraph: The term active service has the meaning given such term in section 101(d)(3) of title 10, United States Code, except that such term does not include active duty for the purpose of training, full-time National Guard duty for the purpose of training, or attendance at a service school. ; in subparagraph

(A)of paragraph (6), as redesignated by paragraph

(1)of this subsection— by striking under section 12301(a), 12301(g), 12302, 12304, or 12306 of title 10, United States Code, and inserting or full-time National Guard duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10, United States Code), ; and by striking of such title and inserting of title 10, United States Code ; and in paragraph (7), as redesignated by paragraph

(1)of this subsection, by striking a call to active service authorized by the President and all that follows through the period and inserting a call or order to full-time National Guard duty under section 541 of title 32, United States Code. . Section 101 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611 ) is amended— in subparagraph

(B)of paragraph (14), by striking duty during and all that follows through the period and inserting duty during the period the member is deployed to a foreign country in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10, United States Code). ; and in subparagraphs

(A)and

(B)of paragraph (18), by inserting or full-time National Guard duty after active duty each place it appears. Clause

(ii)of section 3(16)(A) of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102(16)(A)(ii) ) is amended— by inserting or full-time National Guard duty (as defined in section 101(d)(5) of title 10, United States Code) after active duty (as defined in section 101(d)(1) of title 10, United States Code) ; and by striking pursuant to a provision of law referred to in section 101(a)(13)(B) of title 10, United States Code, and inserting or full-time National Guard duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10, United States Code), . The following provisions of title 37, United States Code, are each amended by inserting (as that term is defined in section 101(a)(13) of title 10) after contingency operation the first place it appears (other than in a heading): Subsection

(a)of section 303b. Paragraph

(1)of section 306(d). Subparagraph

(B)of section 403b(f)(2). Clause

(i)of section 436(a)(2)(C). The matter preceding subparagraph

(A)of section 437(a)(2). Subparagraph

(A)of section 501(b)(5). Title 37, United States Code, is amended further— in section 206— in subsection (d)— in paragraph (1)— by striking paragraph

(2)and inserting paragraphs

(2)and

(3); by striking work or study and inserting work or a course of instruction ; and by striking while not in Federal service in connection with correspondence courses of a uniformed service ; by amending paragraph

(2)to read as follows: A member of the Ready Reserve or Standby Reserve in an active status may be paid compensation under this section at a rate and under terms determined by the Secretary of Defense and authorized by the Secretary concerned, but not to exceed the rate otherwise applicable to the member under subsection (a), upon the member’s successful completion of work or a course of instruction specifically and individually assigned to the member under section 12344 of title 10 for a purpose described in section 12354 of such title. ; by redesignating paragraph

(3)as paragraph (4); by inserting after paragraph

(2)the following new paragraph: A member of the Army National Guard (other than a member assigned to the Inactive Army National Guard) or a member of the Air National Guard (other than a member assigned to the Inactive Air National Guard) may be paid compensation under this section at a rate and under terms determined by the Secretary of Defense and authorized by the Secretary concerned, but not to exceed the rate otherwise applicable to the member under subsection (a), upon the member’s successful completion of work or a course of instruction specifically and individually assigned to the member under section 544 of title 32 for a purpose described in section 554 of such title. ; and in subparagraphs

(A)and

(B)of paragraph (4), as redesignated by subclause

(III)of this clause, by striking work or study each place it appears and inserting work or course of instruction ; and in subsection (e), by striking of equivalent training and all that follows through the period and inserting of reserve component duty that are performed in lieu of the regularly scheduled required periods of reserve component duty prescribed by the Secretary concerned for the member under section 12353(a) of title 10 or section 553(a) of title 32, as the case may be, during that fiscal year. ; in subparagraph

(A)of section 316(d)(1), by striking in connection with a contingency operation and inserting in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) ; in subsection

(g)of section 403— in paragraph (1), in the matter preceding subparagraph (A), by inserting (as that term is defined in section 101(a)(13) of title 10) after contingency operation each place it appears; in paragraph (5), by inserting (as that term is defined in section 101(a)(13) of title 10) after contingency operation ; in subparagraph

(A)of paragraph (6), by striking who performs active Guard and Reserve duty (as defined in section 101(d)(6) of title 10) and inserting performing Active Guard and Reserve functions (as that term is defined in section 101(c)(8) of title 10) ; in subparagraph

(B)of paragraph (6), by striking mobilized for service on active duty other than active Guard and Reserve duty and inserting called or ordered to active duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) other than a member on active duty performing Active Guard and Reserve functions (as that term is defined in section 101(c)(8) of title 10) ; and in clause

(i)of paragraph (6)(C), by striking from active Guard and Reserve duty to other active duty and back to active Guard and Reserve duty and inserting from performing Active Guard and Reserve functions to other active duty and back to performing Active Guard and Reserve functions ; and in clause

(ii)of section 436(a)(2)(C)— by striking under section 12304b of title 10 or a provision of law referred to in section 101(a)(13)(B) of title 10 and inserting in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) ; and by striking for a period of more than 30 days under a call or order issued under such a provision of law and inserting in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) for a period of more than 30 days . Title 38, United States Code, is amended— in paragraph

(3)of section 3011(d), by striking on active duty and all that follows through the period and inserting on active duty or full-time National Guard duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10). ; in subparagraph

(A)of section 3013(f)(2), by striking under section 688, 12301(a), 12301(d), 12301(g), 12302, or 12304 of title 10 and inserting or full-time National Guard duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) ; in subsection

(f)of section 3103— by striking under section 688, 12301(a), 12301(d), 12301(g), 12302, 12304, 12304a, or 12304b of title 10, and inserting or full-time National Guard duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10), ; and by striking such active duty service and inserting such duty ; in paragraph

(2)of section 3105(e), by striking under section 688, 12301(a), 12301(d), 12301(g), 12302, 12304, 12304a, or 12304b of title 10 and inserting or full-time National Guard duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) ; in paragraph

(1)of section 3301— in subparagraph (B), by striking section 688, 12301(a), 12301(d), 12301(g), 12301(h), 12302, 12304, 12304a, or 12304b of title 10 or section 712 of title 14 and inserting section 688, 12341, or 12342 of title 10 or section 3713 of title 14 ; and in subparagraph (C), by striking full-time service— and all that follows through the period and inserting full-time National Guard duty under section 541 or 542 of title 32. ; in clause

(i)of section 3312(c)(2)(A), by striking under section and all that follows before the semicolon and inserting or full-time National Guard duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10) ; in clause

(i)of section 3511(a)(2)(B), by striking under section 688, and all that follows through the semicolon and inserting or full-time National Guard duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10); ; in subsection

(f)of section 3512, by striking pursuant to and all that follows through title 32, and inserting or full-time National Guard duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10), ; in paragraph

(7)of section 3701(b), in the matter preceding subparagraph (A), by inserting and an individual who performed active duty (as that term is defined in section 101 of title 10) as a member of a reserve component after full-time National Guard duty (as that term is defined in section 101 of title 10) ; in subparagraph

(C)of section 4211(4), by striking active duty pursuant to section 12301(a), (d), or (g), 12302, or 12304 of title 10, and inserting active duty or full-time National Guard duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10), ; and in subsection

(c)of section 4312— in paragraph (3), by striking section 10147 of title 10, under section 502(a) or 503 of title 32, and inserting section 12352(c) or 12353(a) of title 10, or section 552(a) or 553(a) of title 32, ; and in paragraph (4)— by striking subparagraphs (A), (B), and

(C)and inserting the following: ordered to or retained on active duty or full-time National Guard duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10); ordered to or retained on active duty under section 2127, 2128, 2308, 2309, or 2314 of title 14; ordered to or retained on active duty pursuant to section 123, 671a, 671b, or 12311 of title 10, because of a war or national emergency declared by the President or the Congress; ; in subparagraph (D), by inserting or after the semicolon; and by striking subparagraphs

(E)and

(F)and inserting the following new subparagraph (E): ordered to full-time National Guard duty in support, as determined by the Secretary of Defense, of a critical mission or requirement of the uniformed services. . Subparagraph

(B)of section 1631(j)(1) of the Social Security Act ( 42 U.S.C. 1383(j)(1)(B) ) is amended by striking section 12301(d) or 12302 of title 10, United States Code, or section 502(f) of title 32, United States Code) and inserting section 12341 or 12342 of title 10, United States Code, or to full-time National Guard Duty pursuant to section 541 or 542 of title 32, United States Code) . The Servicemembers Civil Relief Act ( 50 U.S.C. 3901 et seq. ) is amended— in section 101 ( 50 U.S.C. 3911 )— by striking paragraph

(1)and inserting the following: The term servicemember means— a member of the uniformed services, as that term is defined in section 101(a)(5) of title 10, United States Code, including a member of a reserve component; and a member of the Army National Guard or Air National Guard, as those terms are defined in paragraphs

(2)and (4), respectively, of section 101(c) of title 10, United States Code. ; and in subparagraph

(A)of paragraph (2), by striking clause

(ii)and inserting the following: in the case of a member of the National Guard, service under a call or order to full-time National Guard duty (as that term is defined in section 101(d)(5) of title 10, United States Code); ; and in section 703 ( 50 U.S.C. 4023 )— in paragraph

(1)of subsection (a), by striking (other than for training) and all that follows before the semicolon and inserting or full-time National Guard duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10, United States Code) ; in the matter preceding subparagraph

(A)of subsection (a)(2) and in subsections (a)(2)(B), (b)(4), and (c)(2) by inserting or full-time National Guard duty after active duty ; and in subsection (i)— by redesignating paragraphs

(2)and

(3)as paragraphs

(3)and (4), respectively; and by inserting after paragraph

(1)the following new paragraph: The term full-time National Guard duty has the meaning given that term in section 101(d)(5) of title 10, United States Code. . Paragraph

(2)of section 690(b) of the National Defense Authorization Act for Fiscal Year 2006 ( 50 U.S.C. 3916(b) ) is amended by striking and when the member is mobilized and all that follows through the period and inserting and when the member is— called or ordered to active duty or full-time National Guard duty in support of a contingency operation (as that term is defined in section 101(a)(13) of title 10, United States Code); or otherwise individually called or ordered to active duty or full-time National Guard duty for a period of more than one year. . The amendment made by subsection (q)(9) of this section shall apply with respect to active duty (as defined in section 101 of title 10, United States Code) performed before, on, or after the date of the enactment of this Act.

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