Sec. 9. Alignment of National Guard benefits

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

The following provisions of law are each amended by inserting or full-time National Guard duty after active duty each place it appears: Paragraph

(1)of section 638b(e) of title 10, United States Code. Section 12737 of title 10, United States Code. Subparagraphs

(C)and

(D)of section 402A(h)(5) of the Higher Education Act of 1965 ( 20 U.S.C. 1070a–11(h)(5) ). Title 10, United States Code is amended— in subsection

(e)of section 638b, in the subsection heading, by inserting after OR FULL-TIME NATIONAL GUARD DUTY ; and ACTIVE DUTY in section 12737, in the section heading, by inserting after or full-time National Guard duty . active duty Paragraph

(2)of section 207(b) of the Servicemembers Civil Relief Act ( 50 U.S.C. 3937(b) ) is amended, in the paragraph heading, by inserting after OR FULL-TIME NATIONAL GUARD DUTY . ACTIVE DUTY Title 10, United States Code, is amended in paragraph

(1)of section 101(d), by striking Such term does not and inserting Except for purposes of chapters 40, 53, 54, 55, 56, 58, 59, 61, 63, 65, 69, 71, 73, 75, 76, 77, 79, 88, 101, 1217, and 1608 of this title, such term does not . Paragraph

(12)of section 101 of title 32, United States Code, is amended by striking It does not include and inserting Except for purposes of chapters 40, 53, 54, 55, 56, 58, 59, 61, 63, 65, 69, 71, 73, 75, 76, 77, 79, 88, 101, 1217, and 1608 of title 10, it does not include . The Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) is amended— in subparagraph

(M)of section 428(b)(1) ( 20 U.S.C. 1078(b)(1)(M) ), by striking clause

(iii)and inserting the following new clause: during which the borrower is serving on active duty during a war or other military operation or national emergency (as defined in section 481), and for the 180-day period following the date of release from such duty; ; in section 455 ( 20 U.S.C. 1087e )— in paragraph

(2)of subsection (f), by striking subparagraph

(C)and inserting the following new subparagraph: during which the borrower is serving on active duty during a war or other military operation or national emergency (as defined in section 481), and for the 180-day period following the date of release from such duty; or ; and in paragraph

(3)of subsection (o), by striking subparagraph

(A)and inserting the following new subparagraph: is serving on active duty during a war or other military operation or national emergency (as defined in section 481); and ; in subparagraph

(A)of section 464(c)(2) ( 20 U.S.C. 1087dd(c)(2)(A) ), by striking clause

(2)of section 741(f) ( 20 U.S.C. 1138(f)(2) )— in subparagraph (A), by striking clause

(i)and inserting the following new clause: an individual who is serving on active duty during a war or other military operation or national emergency (as defined in section 481); or ; and in subparagraph (B), by striking clause

(i)and inserting the following: is a spouse of an individual who is serving on active duty during a war or other military operation or national emergency (as defined in section 481); . Title 38, United States Code, is amended— in section 101— in paragraph (21)— by redesignating subparagraphs

(C)through

(E)as subparagraphs

(D)through (F), respectively; and by striking subparagraph

(B)and inserting the following new subparagraphs: in the case of a member of a reserve component, active duty other than for training— under section 12341 of title 10, for a purpose described in section 12351 of such title (other than subsection (e)(1)(A)); under section 3713 of title 14; and under section 12342 of title 10, for a purpose described in section 12352 of such title (other than subsection

(c)or (d)(1)); and in the case of a member of the Army National Guard or Air National Guard of any State, full-time National Guard duty other than for training— under section 541 of title 32, for a purpose described in section 551 of such title (other than subsection (c)(1)(A)); and under section 542 of title 32, for a purpose described in section 552 of such title (other than subsection

(a)or (b)); and . in paragraph (22)— by striking subparagraph

(A)and inserting the following new subparagraph: full-time duty in the Armed Forces performed by a member of a reserve component— under section 12341 of title 10, for the purpose of training as described in section 12351(e)(1)(A) of title 10; or under section 12342 of title 10, for the purpose of training as described in subsection

(c)or (d)(1) of section 12352 of title 10; ; and by striking subparagraph

(C)and inserting the following new subparagraph: in the case of a member of the Army National Guard or Air National Guard of any State, full-time duty performed— under section 541 of title 32, for the purpose of training as described in section 551(c)(1)(A) of title 32; or under section 542 of title 32, for the purpose of training as described in subsection

(a)or

(b)of section 552 of title 32; ; in paragraph (23)— in the matter preceding subparagraph (A), by striking inactive duty training and inserting reserve component duty ; in subparagraph (A)— by striking Reserves and inserting a member of a reserve component ; and by striking section 206 of title 37 or any other provision of law and inserting section 12343 of title 10 ; by redesignating subparagraphs

(B)and

(C)as subparagraphs

(C)and (D), respectively; by inserting after subparagraph

(A)the following new subparagraph: in the case of a member of the Army National Guard or Air National Guard of any State, duty prescribed for the member by the Secretary concerned under section 543 of title 32; ; in subparagraph (C), as redesignated by subclause

(III)of this clause, by striking Reserves and inserting a member of a reserve component ; and in the matter following subparagraph (D), as redesignated by subclause

(III)of this clause— in the second sentence— by striking or

(iii)and inserting

(iii); and by striking the period at the end and inserting , or

(iv)work or a course of instruction assigned under section 12344 of title 10 or section 544 of title 32. ; and by striking the first sentence; and in paragraph (24)(C), in the matter preceding clause (i), by striking inactive duty training and inserting reserve component duty ; in section 1965— in paragraph (1)— by redesignating subparagraphs

(B)through

(D)as subparagraphs

(D)through (F), respectively; and by inserting after subparagraph

(A)the following new subparagraphs: in the case of a member of a reserve component, active duty other than for training— under section 12341 of title 10, for a purpose described in section 12351 of such title (other than subsection (e)(1)(A)); under section 12342 of title 10, for a purpose described in section 12352 of such title (other than subsection

(c)or (d)(1)); and under section 3713 of title 14; in the case of a member of the Army National Guard or Air National Guard of any State, full-time National Guard duty other than for training— under section 541 of title 32, for a purpose described in section 551 of such title (other than subsection (c)(1)(A)); and under section 542 of title 32, for a purpose described in section 552 of such title (other than subsection

(a)or (b)); . in paragraph (2)— by striking subparagraph

(A)and inserting the following new subparagraph: full-time duty in the Armed Forces performed by a reserve component member (or by a member of the Space Force in a space force active status (as defined in section 101(e)(1) of title 10) but not on sustained duty under section 20105 of title 10)— under section 12341 of title 10, for the purpose of training described in section 12351(e)(1)(A) of such title; or under section 12342 of title 10, for the purpose of training described in subsection

(c)or (d)(1) of section 12352 of such title; ; by striking subparagraph

(D)and inserting the following new subparagraph: in the case of a member of the Army National Guard or Air National Guard of any State, full-time National Guard duty performed— under section 541 of title 32, for the purpose of training described in section 551(c)(1)(A) of such title; or under section 542 of title 32, for the purpose of training described in subsection

(a)or

(b)of section 552 of such title; ; by striking paragraphs

(3)and

(4)and inserting the following new paragraphs: The term reserve component duty means— in the case of a member of a reserve component (or a member of the Space Force in a space force active status (as defined in section 101(e)(1) of title 10) but not on sustained duty under section 20105 of title 10), duty under section 12343 of title 10, for purposes described in section 12353 of such title, which duty is scheduled in advance by competent authority to begin at a specific time and place; in the case of a member of the National Guard of any State, duty under section 543 of title 32, for purposes described in section 553 of such title, which duty is scheduled in advance by competent authority to begin at a specific time and place; and in the case of a commissioned officer of the Reserve corps of the Public Health Service, duty prescribed or authorized (other than full-time duty), which duty is scheduled in advance by competent authority to begin at a specific time and place. The terms active duty for training and reserve component duty do not include duty performed as a temporary member of the Coast Guard Reserve. The term reserve component duty does not include— work or study performed in connection with correspondence courses; work or a course of instruction assigned under section 12344 of title 10 or section 544 of title 32; or attendance at an educational institution in an inactive status. ; and in paragraph (5)— in subparagraphs

(A)and (B), by striking inactive duty training and inserting reserve component duty ; and in subparagraph (C), by striking as defined in section 12304(i)(1) and inserting as described in section 10144(b)(1) ; by striking paragraph

(7)of section 3002 and inserting the following new paragraph: The term active duty includes full-time National Guard duty— first performed after June 30, 1985, by 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 for the purpose of organizing, administering, recruiting, instructing, or training the National Guard; and first performed after the effective date of the amendment to this paragraph in the National Defense Authorization Act for Fiscal Year 2022, by 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 under section 541 or 542 of title 32. .

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