The National Guard consists of: the units of the organized militia allocated to the State by the United States Department of Defense that are supported wholly or partly by federal funds; and individuals transferred with the approval of the Governor to the National Guard by federal authorities to complete a reserve service obligation imposed by federal law. The inactive National Guard consists of officers and enlisted individuals commissioned in, enlisted in, or transferred to the inactive National Guard. An individual transferred to the National Guard is considered a member of the National Guard whether or not the individual executed the oath prescribed by § 13-206 of this title. The National Guard and its units shall be organized as prescribed for the United States Army or United States Air Force, subject in time of peace to general exceptions that the Secretary of the Army or the Secretary of the Air Force authorizes. If the National Guard or any of its units are ordered into active military service of the United States by the President of the United States, the Governor may increase the military force and organize those units as the emergency requires.

A member of the National Guard has the same police power, authority, and status with respect to the enforcement of the law relating to criminal matters in the military area to which the member is assigned, as a law enforcement or peace officer has in the officer’s respective jurisdiction if: the Adjutant General designates the member as National Guard full-time support personnel under Title 32 of the United States Code; the Department controls or has jurisdiction over the member; and the member is acting as a National Guard member. A member of the National Guard has the immunities and defenses available to a law enforcement or peace officer in a criminal proceeding or civil suit brought because of an act performed in the course of employment and duty under this section.

To maintain an appropriate organization and to assist in instruction and training, the President of the United States may: assign the National Guard to divisions, brigades, and other tactical units; and detail officers from the National Guard or the United States Army or Air Force to command those units. A commanding officer of a complete unit organized in the State may not be displaced under this section.

Except as otherwise authorized by law, the National Guard: is designated as a law enforcement agency for the sole purpose of receiving property and revenues; and may receive property and revenues under 18 U.S.C. § 981(e)(2), 19 U.S.C. § 1616a(c)(1)(B)(ii), and 21 U.S.C. §§ 881(e)(1)(A) and (e)(3) from those federal units that are supported by National Guard members in the Counter Drug Program. Any property or revenues received by the National Guard under this section shall be used to supplement the resources allocated to the Counter Drug Program. The use of the property and revenues shall conform to the guidelines of the United States Department of Justice, the United States Department of Defense, and the United States Department of the Treasury.

In this section the following words have the meanings indicated. “Institution” means: any campus of the University System of Maryland, any community college established under Title 16 of the Education Article, Morgan State University, or St. Mary’s College; any private institution of higher education that grants a member a tuition waiver of at least 50%; any public postsecondary vocational–technical or trade school; or any private postsecondary vocational–technical, trade, or career school recognized by the Maryland Higher Education Commission or the Maryland Apprenticeship and Training Council. “Member” means an individual who: is regularly enlisted in the National Guard; or holds a commission in the National Guard. “Training assistance” means expenses directly related to professional development resources required for participation in a course or program at an institution. “Training assistance” includes: industry–required tools, technology, and professional equipment; personal protective equipment, uniforms, and specialized clothing; certification and licensing costs necessary for employment; and trade–related professional development materials, software, and digital resources. “Tuition” means the basic instructional charge for undergraduate, graduate, professional, vocational–technical, and trade school credit courses and related fees at an institution. “Tuition” does not include charges for self–supporting programs. To the extent that funds are provided in the State budget, the Department may provide assistance equal to 100% of the cost of in–State tuition and training assistance for any regularly scheduled undergraduate credit course, graduate credit course, professional credit course, vocational–technical course, or trade course for any active member attending an institution who is certified as eligible by the Adjutant General. Subject to paragraph (5) of this subsection, a member who receives assistance under paragraph (1) of this subsection for an undergraduate credit, vocational–technical, or trade or career course shall remain an active member for at least 2 years following the completion of the course. Subject to paragraph (5) of this subsection, a member who receives assistance under paragraph (1) of this subsection for a graduate or professional credit course shall remain an active member for at least 4 years following the completion of the course. Subject to paragraph (5) of this subsection, if a member receives assistance under paragraph (1) of this subsection, and is a member of a unit that has been disbanded on or after September 1, 2013, due to budgetary cuts, Base Realignment and Closure, or any other reason, the member may satisfy the requirements of paragraph (2) or paragraph (3) of this subsection by transferring to another active duty, reserve, or National Guard Unit in the State or in another state. If a member who receives assistance under paragraph (1) of this subsection is offered early separation by the military following the disbanding of the member’s unit due to budget cuts, Base Realignment and Closure, or any other reason, the member is excused from the requirements of paragraph (2) or paragraph (3) of this subsection. The Adjutant General may not certify a member as eligible unless the member is: enlisted and has at least 24 months remaining to serve on the current enlistment of the member; or an officer or warrant officer and agrees in writing to serve for a minimum of 24 months. The 24–month requirement runs from the first day of classes for the semester. If a recipient of tuition assistance under this section is discharged from the National Guard for a reason designated by the Adjutant General, the assistance terminates and the member shall reimburse the Department the amount of tuition assistance received for that semester within 30 days of discharge.

This section: applies when the National Guard is ordered out for State active duty or training by the Governor or by the Governor’s authority; and does not apply to the National Guard when ordered to duty incident to an order into the active military service of the United States. Subject to subsection (d) of this section: an officer, warrant officer, and enlisted individual shall receive the same pay, including longevity pay, subsistence, per diem, and allowances, as an officer, warrant officer, and enlisted individual of like grade and length of service in the United States Army or Air Force; and an individual ordered to active duty other than for training shall be paid a daily rate of at least 12 times the hourly federal minimum wage in effect at the time of active duty. An enlisted individual who meets the qualifications that the Governor sets in small arms practice or for proficiency in the various duties of the branch or arm to which the individual belongs shall receive the following increase in pay of the individual’s grade for 1 year beginning on the first January 1 after qualification: experts – 20%; sharpshooters, gunners, drivers, and medical, first class – 15%; and marksmen, gunners, drivers, and medical, second class – 10%. On the recommendation of the Adjutant General, the Governor may reduce the rates of pay, including longevity pay and qualification pay under subsections (b) and (c) of this section.

A commissioned officer of the National Guard shall take the following oath of office: “I, ..............., do solemnly swear that I will support and defend the Constitution of the United States and the Constitution of the State of Maryland, against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I will obey the orders of the President of the United States and of the Governor of the State of Maryland; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office of ................... in the National Guard of the United States and of the State of Maryland upon which I am about to enter, so help me God.”

An officer of the National Guard shall take rank from the date that the officer was commissioned and in the manner the United States Department of Defense provides by regulation.

Any individual who is ordered into active duty for the National Guard in response to the foreign terrorist attacks in the United States on September 11, 2001, shall receive a service bar in recognition of this service. The service bar shall depict the State flag and “9–11”.

On a quarterly basis, the Adjutant General, in consultation with the Assistant Adjutants General, shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the number of Maryland National Guard members killed or injured while on active duty and the circumstances of the deaths or injuries. This section applies only if members of the Maryland National Guard are killed or injured while on active duty during the period for which the report would be submitted.

In this section, “eligible recipient” means an individual who is: eligible for Tricare Reserve Select coverage; and a member of the National Guard. There is a Tricare Premium Reimbursement Program in the Department. Subject to subsection (d) of this section, the Department may award grants to an eligible recipient who meets the reimbursement application requirements for any of the following: a premium paid for individual coverage through the Tricare Reserve Select Program; a premium paid for any member of the immediate family of an eligible recipient covered under the Tricare Reserve Select Program; a premium paid for individual coverage under the Tricare Dental Program; or a premium paid for any member of the immediate family of an eligible recipient receiving dental benefits under the Tricare Dental Program. Subject to paragraph (2) of this subsection, a grant award to an eligible recipient may reimburse the eligible recipient for up to the total amount of premiums paid each month by the eligible recipient for the coverages listed under subsection (c) of this section. The total amount of grants awarded to eligible recipients in a fiscal year under paragraph (1) of this subsection may not exceed the annual appropriation in the State budget for the Tricare Premium Reimbursement Program. The Department shall adopt regulations to implement and administer the Tricare Premium Reimbursement Program established under this section.