Pub. L. 109-364, div. A, tit. V, subtit. B, pt. II, sec. 525
AUTHORITY FOR ACTIVE GUARD AND RESERVE DUTIES TO INCLUDE SUPPORT OF OPERATIONAL MISSIONS ASSIGNED TO THE RESERVE COMPONENTS AND INSTRUCTION AND TRAINING OF ACTIVE-DUTY PERSONNEL.
SEC. 525. AUTHORITY FOR ACTIVE GUARD AND RESERVE DUTIES TO INCLUDE SUPPORT OF OPERATIONAL MISSIONS ASSIGNED TO THE RESERVE COMPONENTS AND INSTRUCTION AND TRAINING OF ACTIVE-DUTY PERSONNEL.(a) AGR Duty Under Title 10.—Subsections (a) and (b) of section 12310 of title 10, United States Code, are amended to read as follows:“(a) Authority.—(1) The Secretary concerned may order a member of a reserve component under the Secretary’s jurisdiction to active duty pursuant to section 12301(d) of this title to perform 120 STAT. 2194 Active Guard and Reserve duty organizing, administering, recruiting, instructing, or training the reserve components.“(2) A Reserve ordered to active duty under paragraph (1) shall be ordered in the Reserve’s reserve grade. While so serving, the Reserve continues to be eligible for promotion as a Reserve, if otherwise qualified.“(b) Duties.—A Reserve on active duty under subsection (a) may perform the following additional duties to the extent that the performance of those duties does not interfere with the performance of the Reserve’s primary Active Guard and Reserve duties described in subsection (a)(1):“(1) Supporting operations or missions assigned in whole or in part to the reserve components.“(2) Supporting operations or missions performed or to be performed by—“(A) a unit composed of elements from more than one component of the same armed force; or“(B) a joint forces unit that includes—“(i) one or more reserve component units; or“(ii) a member of a reserve component whose reserve component assignment is in a position in an element of the joint forces unit.“(3) Advising the Secretary of Defense, the Secretaries of the military departments, the Joint Chiefs of Staff, and the commanders of the combatant commands regarding reserve component matters.“(4) Instructing or training in the United States or the Commonwealth of Puerto Rico or possessions of the United States of—“(A) active-duty members of the armed forces;“(B) members of foreign military forces (under the same authorities and restrictions applicable to active-duty members providing such instruction or training);“(C) Department of Defense contractor personnel; or“(D) Department of Defense civilian employees.”.(b) Military Technicians Under Title 10.—Section 10216(a) of such title is amended—(1) in paragraph (1)(C), by striking “administration and” and inserting “organizing, administering, instructing, or”; and(2) by adding at the end the following new paragraph:“(3) A military technician (dual status) who is employed under section 3101 of title 5 may perform the following additional duties to the extent that the performance of those duties does not interfere with the performance of the primary duties described in paragraph (1):“(A) Supporting operations or missions assigned in whole or in part to the technician’s unit.“(B) Supporting operations or missions performed or to be performed by—“(i) a unit composed of elements from more than one component of the technician’s armed force; or“(ii) a joint forces unit that includes—“(I) one or more units of the technician’s component; or“(II) a member of the technician’s component whose reserve component assignment is in a position in an element of the joint forces unit.120 STAT. 2195“(C) Instructing or training in the United States or the Commonwealth of Puerto Rico or possessions of the United States of—“(i) active-duty members of the armed forces;“(ii) members of foreign military forces (under the same authorities and restrictions applicable to active-duty members providing such instruction or training);“(iii) Department of Defense contractor personnel; or“(iv) Department of Defense civilian employees.”.(c) National Guard Title 32 Training Duty.—Section 502(f) of title 32, United States Code, title is amended—(1) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;(2) by inserting “(1)” before “Under regulations”; and(3) by striking the last sentence and inserting the following:“(2) The training or duty ordered to be performed under paragraph (1) may include the following:“(A) Support of operations or missions undertaken by the member’s unit at the request of the President or Secretary of Defense.“(B) Support of training operations and training missions assigned in whole or in part to the National Guard by the Secretary concerned, but only to the extent that such training missions and training operations—“(i) are performed in the United States or the Commonwealth of Puerto Rico or possessions of the United States; and“(ii) are only 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.“(3) Duty without pay shall be considered for all purposes as if it were duty with pay.”.(d) National Guard Technicians Under Title 32.—Section 709(a) of title 32, United States Code, is amended—(1) in paragraph (1)—(A) by striking “administration and” and inserting “organizing, administering, instructing, or”; and(B) by striking “and” at the end of such paragraph;(2) by striking the period at the end of paragraph (2) and inserting “; and”; and(3) by adding at the end the following new paragraph:“(3) the performance of the following additional duties to the extent that the performance of those duties does not interfere with the performance of the duties described by paragraphs (1) and (2):“(A) Support of operations or missions undertaken by the technician’s unit at the request of the President or the Secretary of Defense.“(B) Support of Federal training operations or Federal training missions assigned in whole or in part to the technician’s unit.“(C) Instructing or training in the United States or the Commonwealth of Puerto Rico or possessions of the United States of—“(i) active-duty members of the armed forces;120 STAT. 2196“(ii) members of foreign military forces (under the same authorities and restrictions applicable to active-duty members providing such instruction or training);“(iii) Department of Defense contractor personnel; or“(iv) Department of Defense civilian employees.”.