H.R. 6976 — Duty Status Reform Act

This section consolidates and rewrites chapter 1209 of title 10, U.S. Code, as "Reserve duty and assignments," with subchapters on (I) administration of reserve duty (secs. 12311-12314), (II) duty and assignments authorities (sec. 12341), and (III) duty and assignments purposes (sec. 12351). Under subchapter I, it (1) authorizes the President to suspend laws on promotion, retirement, or separation for essential Armed Forces members during reserve active duty under sec. 12341, with suspension terminating upon release from duty or changed circumstances and up to 90-day extensions of separation or retirement dates; (2) directs use of qualified reserve officers, Standby Reserve units or members, and Retired Reserve members (without consent) during armed forces expansion under sec. 12341 for purposes in sec. 12351(a)(1), subject to Ready Reserve availability determinations; (3) permits release from active duty by designated authorities except during war or national emergency absent board recommendation, waiver, or legal authorization; and (4) authorizes written active duty agreements under sec. 12342.

This section revises the definition of contingency operation by striking subparagraph (B) and inserting new subparagraphs (B) and (C). New subparagraph (B) includes an operation that results in (i) a reserve component member being called or ordered to active duty under section 12341 of title 10, United States Code, or section 3713 of title 14, United States Code, or (ii) an Army National Guard or Air National Guard member (in state, territory, Puerto Rico, or District of Columbia National Guard status) being called or ordered to full-time National Guard duty under section 541 of title 32, United States Code. New subparagraph (C) includes an operation that results in a retired member being ordered to active duty under section 688 of title 10, United States Code, for an operation described in subparagraph (A). (As background, contingency operations trigger special and incentive pays, allowances, and benefits for mobilized or deployed service members. Thus, this revision expands the types of operations that qualify members for such entitlements.)

This section revises chapter 5 of title 32, United States Code, by reorganizing it into three subchapters—(I) Administration of Duty (secs. 511-517), (II) Duty Authorities (sec. 541), and (III) Duty Purposes (sec. 551)—and specifying requirements for National Guard training and related activities as follows: (1) conforming the discipline (including training) of the Army National Guard to that of the Army and the Air National Guard to that of the Air Force, with training conducted by states and territories; (2) authorizing the President, Secretary of the Army, and Secretary of the Air Force to assign or detail Regular Army or Air Force members to instruct the National Guard; (3) authorizing the Secretaries to furnish ammunition for National Guard target practice and firing instruction; (4) authorizing National Guard members and units to provide specified services (e.g., ground/air transportation, administrative/technical training, emergency medical/communications services) to eligible youth and charitable organizations (e.g., Boy Scouts of America, Special Olympics, 4-H Clubs) during required training if four conditions are met, including no adverse effect on training quality or significant cost increase, with facilities/equipment also usable; and (5) authorizing the Secretary of Defense to operate the National Guard Youth Challenge Program—a civilian youth opportunities program with at least a 22-week residential phase and 12-month post-residential mentoring period to improve high school completion, life/job skills, physical fitness, and community service for participants—using funds appropriated to or transferred to the Secretary.

This section extends various federal civilian employee benefits and protections—such as differential pay under 5 U.S.C. §5538, restoration of annual leave under §6323, health benefits continuation under §§8905a and 8906, and performance appraisal considerations under §9903—to members performing full-time National Guard duty in support of a contingency operation (as defined in 10 U.S.C. §101(a)(13)), aligning such treatment with active duty service. It further revises borrower protections under section 332(a) of the Consolidated Farm and Rural Development Act (7 U.S.C. §1982(a)) to apply to borrowers on active duty or full-time National Guard duty in support of a contingency operation by replacing the prior multi-paragraph criteria with a single standard. The section also updates 10 U.S.C. §701 on wear of the uniform to include full-time National Guard duty under 32 U.S.C. §§541 and 542 (previously §§316, 502-505), Active Guard and Reserve functions under 10 U.S.C. §12352(f) or 32 U.S.C. §552(d), and active duty orders under 10 U.S.C. §§12341 and 12342 (previously §12315, 12301(b)/(d)), while clarifying applicability to non-reserve component members.

This section expands eligibility for various survivor benefits—such as educational assistance (e.g., under 10 U.S.C. §2148, which sets a 10-year expiration period for transferred entitlements following the service member's separation from active duty or death on active duty), TRICARE, dependency and indemnity compensation, death gratuity, basic allowance for housing, and payment of unused accrued leave—to include service members who die while performing reserve component duty (and, in some cases, full-time National Guard duty), in addition to active duty, by making the following amendments: (1) In subsection (a), inserts “or reserve component duty” after “active duty” each place it appears, and updates a subsection heading, in specified provisions of 5 U.S.C. §3330d, 10 U.S.C. §§1074g, 1782, and 2148, 31 U.S.C. §3711, 37 U.S.C. §403, and 38 U.S.C. §§2306, 3311, 3322, and 3512 (thus aligning expiration of benefits, medical coverage, and dependency criteria for reserve component deaths); (2) In subsection (b), inserts “, full-time National Guard duty, or reserve component duty” after “active duty” each place it appears in specified provisions of 4 U.S.C. §7, 15 U.S.C. §636, and 31 U.S.C. §3711 (affecting flag display and disaster loan deferrals); (3) In subsection (c), revises the Immigration and Nationality Act (8 U.S.C. §§319, 329A) to extend posthumous citizenship or naturalization to next of kin of service members who die while on active duty, full-time National Guard duty, or reserve component duty (previously limited to active duty); (4) In subsection (d), amends the TRICARE Dental Program (10 U.S.C. §1076c(b)(5)) to include as eligible certain survivors described in 10 U.S.C. §1448(f)(1); (5) In subsection (e), inserts “or reserve component duty” after “active duty” each place it appears in 37 U.S.C. §501(d)(1) (payment of unused accrued leave); (6) In subsection (f), inserts “or reserve component duty” after “active duty” and replaces a subsequent reference to “active duty” with “such duty” in the death benefit provision of the all-volunteer force educational assistance program (38 U.S.C. §3017(a)(1)(B)); and (7) In subsection (g), replaces references to “full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training” with “active duty, full-time National Guard duty, or reserve component duty” in lease termination provisions of the Servicemembers Civil Relief Act (50 U

This section expands eligibility for multiple benefits and protections previously limited to active duty service to also include full-time National Guard duty (i.e., duty other than inactive duty or active duty for training, as defined under specified Title 10 and Title 32 authorities). Specifically, it amends (1) 10 U.S.C. §§ 638b(e)(1) and 12737 (prohibiting orders to active duty solely for retired pay qualification) and Higher Education Act § 402A(h)(5)(C)-(D) (GI Bill benefits); (2) definitions of active duty in 10 U.S.C. § 101(d)(1) and 32 U.S.C. § 101(12) to exclude full-time National Guard duty from the term except for purposes of specified chapters related to benefits and compensation; and (3) 38 U.S.C. § 101 to include qualifying full-time National Guard duty (other than for training) within the definition of active duty for veterans benefits and to clarify active duty for training and reserve component duty. It also revises Higher Education Act student loan deferment, forbearance, and Perkins Loan cancellation provisions (e.g., §§ 428(b)(1)(M), 455(f)(2)(C), 455(o)(3)(A), 464(c)(2)(A)) to authorize relief during active duty service in a war, military operation, or national emergency (as defined in § 481), plus a 180-day post-release period where specified; and updates related headings in Title 10, the Higher Education Act, and Servicemembers Civil Relief Act § 207(b)(2) (50 U.S.C. § 3937(b)(2)).

This section repeals Chapter 13 of Title 10, United States Code (i.e., the Insurrection Act, which authorizes the President to federalize the National Guard and deploy military forces domestically to suppress insurrections, rebellions, domestic violence, or obstruction of federal laws). The section also repeals other Title 10 provisions related to the federal status, mobilization, and release from duty of National Guard and reserve component members (sections 10147, 10148, 12406, 12503, and 12552) and Title 32 provisions related to National Guard counterdrug activities and duty status (sections 114, 115, and 328).

This section makes conforming amendments to title 5, United States Code; the Homeland Security Act of 2002; and title 10, United States Code, to update statutory references and definitions related to reserve component and National Guard duties as follows: (1) In 5 U.S.C. §5517(d), which concerns withholding of pay for members receiving annuities who perform reserve duty—(A) replaces references to 32 U.S.C. §502 with §§541 or 542; and (B) revises paragraph (2) to specify participation in Ready Reserve training under new provisions of 10 U.S.C. §§12352 and 12353 or 32 U.S.C. §§552 and 553 (Thus, expands withholding applicability to new training authorities while retaining existing ones for §5517 purposes.); (2) In sec. 886(a)(5) of the Homeland Security Act of 2002 (6 U.S.C. §466(a)(5)), which addresses Coast Guard personnel management, replaces the reference to chapter 13 of title 10 with specific references to 10 U.S.C. §§12341 (calling militia into federal service) and 12351(b)(1)(A) (insurrection response); (3) In 10 U.S.C. §101—(A) revises the definition of full-time National Guard duty in subsection (b)(16) to reference §12342 (previously §12301(d)) and 32 U.S.C. §542 for Active Guard and Reserve (AGR) functions; (B) adds subsection (c)(8) defining "Active Guard and Reserve functions" as specified active duty or full-time National Guard duty of 180 consecutive days or more for organizing, administering, recruiting, instructing, or training reserve components (excluding duty on the Reserve Forces Policy Board, as property/fiscal officers, for counter-drug activities, as general/flag officers, or as state Selective Service directors); (C) in subsection (d)—(i) revises paragraph (5) to replace "inactive duty" with "reserve component duty" and references to 32 U.S.C. §§316, 502-505 with §§541 or 542; (ii) repeals paragraph (6); (iii) inserts new paragraph (7) defining "reserve component duty" as specified training, muster, or voluntary support under new 10 U.S.C. §§12343, 12353 or 32 U.S.C. §543; and (iv) adds paragraph (8) defining "remote assignment" as pre-approved, individually assigned work or instruction under new 10 U.S.C. §12344/12354 or 32 U.S.C. §544/554; and (4) In 10 U.S.C. §115(b), which authorizes end strengths for active duty and full-time National Guard duty—(A) revises the subsection heading to "ACTIVE DUT

This section revises the authority to order Space Force members in active status (not on sustained duty) or inactive status to active duty with their consent by applying all provisions of chapter 1209 (previously limited to §§12301(d), 12301(h), 12322, and 12323) and replaces the list of applicable chapter 1209 provisions with the following: (1) §12312, relating to use of Reserve officers in expansion of armed forces; (2) §12313, relating to release of reserve members from active duty; (3) §12315, relating to grade in which officers are ordered to active duty; (4) §12316, relating to kinds of duty; (5) §12317, relating to retention after becoming qualified for retired pay; (6) §12318, relating to duty with or without pay; (7) §12319, relating to payment of certain members while on duty; (8) §12321, relating to a limitation on number of reserve members assigned to Reserve Officer Training Corps units; and (9) §12351(e)(2), relating to duties and funding of reserve members on active duty (from §§12308, 12309, 12313, 12314, 12315, 12316, 12318, 12320, and 12321). The section further amends involuntary active duty authority for such Space Force members by replacing references to "inactive duty" with "reserve component duty" and to §12304 with "§12341 for a purpose described in §12351(b)(3)," and replaces the list of applicable chapter 1209 provisions with §§12311 (relating to suspension of certain laws on promotion, retirement, and separation), 12313, 12315, 12316, 12317, 12318, 12319, and 12320 (relating to theological students; limitations).

This section makes conforming amendments related to reserve component duty by replacing the terms "inactive-duty training," "inactive duty for training," and "inactive duty" with "reserve component duty" (i.e., non-full-time duty performed by National Guard and reserve personnel) in multiple specified provisions of Titles 10, 14, 37, and 38, United States Code—including Uniform Code of Military Justice articles, military pay and benefits authorities, and training programs—as well as in the National Defense Authorization Act for Fiscal Year 2004 and the Trade Act of 1974. The section also makes related clerical amendments to section and subsection headings in Titles 10 and 37, United States Code, and deems any prior references to those terms in U.S. laws, rules, regulations, or documents to mean "reserve component duty."

This section establishes transition provisions for reserve component duty consolidation, including (1) TRICARE eligibility under 10 U.S.C. 1074(d) for members issued qualifying orders to active duty (under new 10 U.S.C. 12341) or full-time National Guard duty (under new 32 U.S.C. 541) on or after enactment, from the order issuance date up to 180 days before duty commencement; (2) benefit entitlement rules treating pre-effective date service under prior law and orders and post-effective date service under new consolidated orders; and (3) statutory construction preserving benefits accrued before the effective date and applying qualifying phrases (e.g., "in support of a contingency operation") to both active duty and full-time National Guard duty.

This section sets the effective date of this title as 10 years after enactment. It authorizes an earlier effective date if the Secretaries of Defense, Homeland Security, and Veterans Affairs jointly certify to the congressional defense committees and the Committees on Veterans’ Affairs that the Department of Defense, Coast Guard, and Department of Veterans Affairs, respectively, are prepared to implement the reserve component duty consolidation and related title 38, United States Code, amendments in this title, and a subsequent law enacts the earlier date.