105 
of organizing, administering, recruiting, instructing, or 
training the reserve components: 
(1) The Army National Guard of the United 
States, 28,165. 
(2) The Army Reserve, 15,416. 
(3) The Navy Reserve, 12,564. 
(4) The Marine Corps Reserve, 2,261. 
(5) The Air National Guard of the United 
States, 13,291. 
(6) The Air Force Reserve, 2,707. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 
(DUAL STATUS). 
The minimum number of military technicians (dual 
status) as of the last day of fiscal year 2007 for the reserve 
components of the Army and the Air Force (notwith-
standing section 129 of title 10, United States Code) shall 
be the following: 
(1) For the Army Reserve, 7,912. 
(2) For the Army National Guard of the United 
States, 27,615. 
(3) For the Air Force Reserve, 10,124. 
(4) For the Air National Guard of the United 
States, 23,255. 
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SEC. 414. FISCAL YEAR 2007 LIMITATION ON NUMBER OF 
NON-DUAL STATUS TECHNICIANS. 
(a) LIMITATIONS.— 
(1) NATIONAL
GUARD.—Within the limitation 
provided in section 10217(c)(2) of title 10, United 
States Code, the number of non-dual status techni-
cians employed by the National Guard as of Sep-
tember 30, 2007, may not exceed the following: 
(A) For the Army National Guard of the 
United States, 1,600 
(B) For the Air National Guard of the 
United States, 350. 
(2) ARMY RESERVE.—The number of non-dual 
status technicians employed by the Army Reserve as 
of September 30, 2007, may not exceed 595. 
(3) AIR FORCE RESERVE.—The number of non- 
dual status technicians employed by the Air Force 
Reserve as of September 30, 2007, may not exceed 90. 
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 
this section, the term ‘‘non-dual status technician’’ has the 
meaning given that term in section 10217(a) of title 10, 
United States Code. 
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SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
THORIZED TO BE ON ACTIVE DUTY FOR 
OPERATIONAL SUPPORT. 
During fiscal year 2007, the maximum number of 
members of the reserve components of the Armed Forces who 
may be serving at any time on full-time operational sup-
port duty under section 115(b) of title 10, United States 
Code, is the following: 
(1) The Army National Guard of the United 
States, 17,000. 
(2) The Army Reserve, 13,000. 
(3) The Navy Reserve, 6,200. 
(4) The Marine Corps Reserve, 3,000. 
(5) The Air National Guard of the United 
States, 16,000. 
(6) The Air Force Reserve, 14,000. 
Subtitle C—Authorization of 
Appropriations 
SEC. 421. MILITARY PERSONNEL. 
There is hereby authorized to be appropriated to the 
Department of Defense for military personnel for fiscal year 
2007 a total of $109,820,468,000. The authorization in the 
preceding sentence supersedes any other authorization of 
appropriations (definite or indefinite) for such purpose for 
fiscal year 2007. 
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108 
SEC. 422. ARMED FORCES RETIREMENT HOME. 
There is hereby authorized to be appropriated for fiscal 
year 2007 from the Armed Forces Retirement Home Trust 
Fund the sum of $54,846,000 for the operation of the Armed 
Forces Retirement Home. 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel Policy 
Sec. 501. Authorized strength of Navy Reserve flag officers. 
Sec. 502. Standardization of grade of senior dental officer of the Air Force with 
that of senior dental officer of the Army. 
Sec. 503. Management of chief warrant officers. 
Sec. 504. Reduction in time-in-grade requirement for promotion to captain in the 
Army, Air Force, and Marine Corps and lieutenant in the Navy. 
Sec. 505. Military status of officers serving in certain Intelligence Community 
positions. 
Subtitle B—Reserve Component Management 
Sec. 511. Revisions to reserve call-up authority. 
Sec. 512. Military retirement credit for certain service by National Guard mem-
bers performed while in a State duty status immediately after 
the terrorist attacks of September 11, 2001. 
Sec. 513. Report on private-sector promotion and constructive termination of 
members of the reserve components called or ordered to active 
service. 
Subtitle C—Education and Training 
Sec. 521. Authority to permit members who participate in the guaranteed reserve 
forces duty scholarship program to participate in the health pro-
fessions scholarship program and serve on active duty. 
Sec. 522. Junior Reserve Officers’ Training Corps instruction eligibility expan-
sion. 
Sec. 523. Authority for United States Military Academy and United States Air 
Force Academy permanent military professors to assume com-
mand positions while on periods of sabbatical. 
Sec. 524. Expansion of service academy exchange programs with foreign military 
academies. 
Sec. 525. Review of legal status of Junior ROTC program. 
Subtitle D—General Service Authorities 
Sec. 531. Test of utility of test preparation guides and education programs in en-
hancing recruit candidate performance on the Armed Services 
Vocational Aptitude Battery (ASVAB) and Armed Forces Quali-
fication Test (AFQT). 
Sec. 532. Nondisclosure of selection board proceedings. 
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109 
Sec. 533. Report on extent of provision of timely notice of long-term deployments. 
Subtitle E—Authorities Relating to Guard and Reserve Duty 
Sec. 541. Title 10 definition of Active Guard and Reserve duty. 
Sec. 542. Authority for Active Guard and Reserve duties to include support of 
operational missions assigned to the reserve components and in-
struction and training of active-duty personnel. 
Sec. 543. Governor’s authority to order members to Active Guard and Reserve 
duty. 
Sec. 544. National Guard officers authority to command. 
Sec. 545. Expansion of operations of civil support teams. 
Subtitle F—Decorations and Awards 
Sec. 551. Authority for presentation of Medal of Honor Flag to living Medal of 
Honor recipients and to living primary next-of-kin of deceased 
Medal of Honor recipients. 
Sec. 552. Cold War Victory Medal. 
Sec. 553. Posthumous award of Purple Heart for prisoners of war who die in or 
due to captivity. 
Sec. 554. Advancement on the retired list of certain decorated retired Navy and 
Marine Corps officers. 
Sec. 555. Report on Department of Defense process for awarding decorations. 
Subtitle G—Matters Relating to Casualties 
Sec. 561. Criteria for removal of member from temporary disability retired list. 
Sec. 562. Department of Defense computer/electronic accommodations program for 
severely wounded members. 
Sec. 563. Transportation of remains of casualties dying in a theater of combat 
operations. 
Sec. 564. Annual budget display of funds for POW/MIA activities of Department 
of Defense. 
Subtitle H—Assistance to Local Educational Agencies for Defense Dependents 
Education 
Sec. 571. Continuation of authority to assist local educational agencies that ben-
efit dependents of members of the Armed Forces and Department 
of Defense civilian employees. 
Sec. 572. Enrollment in defense dependents’ education system of dependents of 
foreign military members assigned to Supreme Headquarters Al-
lied Powers, Europe. 
Subtitle I—Postal Benefits 
Sec. 575. Postal benefits program for members of the Armed Forces. 
Sec. 576. Funding. 
Sec. 577. Duration. 
Subtitle J—Other Matters 
Sec. 581. Reduction in Department of Defense accrual contributions to Depart-
ment of Defense Military Retirement Fund. 
Sec. 582. Dental Corps of the Bureau of Medicine and Surgery. 
Sec. 583. Permanent authority for presentation of recognition items for recruit-
ment and retention purposes. 
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110 
Sec. 584. Report on feasibility of establishment of Military Entrance Processing 
Command station on Guam. 
Sec. 585. Persons authorized to administer enlistment and appointment oaths. 
Sec. 586. Repeal of requirement for periodic Department of Defense Inspector 
General assessments of voting assistance compliance at military 
installations. 
Sec. 587. Physical evaluation boards. 
Sec. 588. Department of Labor transitional assistance program. 
Sec. 589. Revision in Government contributions to Medicare-Eligible Retiree 
Health Care Fund. 
Sec. 590. Military chaplains. 
Sec. 591. Report on personnel requirements for airborne assets identified as Low- 
Density, High-Demand Airborne Assets. 
Sec. 592. Entrepreneurial Service Members Empowerment Task Force. 
Sec. 593. Comptroller General report on military conscientious objectors. 
Sec. 594. Commission on the National Guard and Reserves. 
Subtitle A—Officer Personnel Policy 
SEC. 501. AUTHORIZED STRENGTH OF NAVY RESERVE FLAG 
OFFICERS. 
(a) SIMPLIFICATION OF COUNTING OF NAVY RESERVE 
FLAG OFFICERS.—Subsection (c) of section 12004 of title 
10, United States Code, is amended to read as follows: 
‘‘(c) The authorized strength of the Navy under sub-
section (a) is exclusive of officers counted under section 526 
of this title.’’. 
(b) CONFORMING AMENDMENT.—Subsection (d) of 
such section is amended by striking ‘‘of those’’ and inserting 
‘‘of officers’’. 
SEC. 502. STANDARDIZATION OF GRADE OF SENIOR DEN-
TAL OFFICER OF THE AIR FORCE WITH THAT 
OF SENIOR DENTAL OFFICER OF THE ARMY. 
(a) AIR FORCE ASSISTANT SURGEON GENERAL FOR 
DENTAL SERVICES.—Section 8081 of title 10, United States 
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111 
Code, is amended by striking ‘‘brigadier general’’ in the sec-
ond sentence and inserting ‘‘major general’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date of the occurrence 
of the next vacancy in the position of Assistant Surgeon 
General for Dental Services in the Air Force that occurs 
after the date of the enactment of this Act or, if earlier, 
on the date of the appointment to the grade of major general 
of the officer who is the incumbent in that position on the 
date of the enactment of the Act. 
SEC. 503. MANAGEMENT OF CHIEF WARRANT OFFICERS. 
(a) RETENTION OF CHIEF WARRANT OFFICERS, W-4, 
WHO HAVE TWICE FAILED
OF SELECTION
FOR PRO-
MOTION.—Section 580(e)(1) of title 10, United States Code, 
is amended by striking ‘‘continued on active duty if’’ and 
all that follows and inserting ‘‘continued on active duty 
if— 
‘‘(A) in the case of a warrant officer in the grade 
of chief warrant officer, W–2, or chief warrant officer, 
W–3, the warrant officer is selected for continuation 
on active duty by a selection board convened under 
section 573(c) of this title; and 
‘‘(B) in the case of a warrant officer in the grade 
of chief warrant officer, W–4, the warrant officer is 
selected for continuation on active duty by the Sec-
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112 
retary concerned under such procedures as the Sec-
retary may prescribe.’’. 
(b) MANDATORY RETIREMENT FOR LENGTH OF SERV-
ICE.—Section 1305(a) of such title is amended— 
(1) by striking ‘‘(1) Except as’’ and all the fol-
lows through ‘‘W–5)’’ and inserting ‘‘A regular war-
rant officer’’; 
(2) by inserting ‘‘as a warrant officer’’ after 
‘‘years of active service’’; 
(3) by inserting ‘‘the date on which’’ after ‘‘60 
days after’’; and 
(4) by striking paragraph (2). 
SEC. 504. REDUCTION IN TIME-IN-GRADE REQUIREMENT 
FOR PROMOTION TO CAPTAIN IN THE ARMY, 
AIR FORCE, AND MARINE CORPS AND LIEU-
TENANT IN THE NAVY. 
Section 619(a)(1) of title 10, United States Code, is 
amended by striking ‘‘he has completed’’ in the matter pre-
ceding subparagraph (A) and all that follows through the 
period at the end of subparagraph (B) and inserting ‘‘the 
officer has completed 18 months of service in the grade in 
which the officer holds a permanent appointment’’. 
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113 
SEC. 505. MILITARY STATUS OF OFFICERS SERVING IN CER-
TAIN INTELLIGENCE COMMUNITY POSITIONS. 
(a) CLARIFICATION OF MILITARY STATUS.—Section 
528 of title 10, United States Code, is amended— 
(1) by striking subsections (a) and (b) and in-
serting the following: 
‘‘(a) MILITARY STATUS.—An officer of the armed 
forces, while serving in a position covered by this section— 
‘‘(1) shall not be subject to supervision or control 
by the Secretary of Defense or any other officer or em-
ployee of the Department of Defense, except as di-
rected by the Secretary of Defense concerning reas-
signment from such position; and 
‘‘(2) may not exercise, by reason of the officer’s 
status as an officer, any supervision or control with 
respect to any of the military or civilian personnel of 
the Department of Defense except as otherwise author-
ized by law. 
‘‘(b) DIRECTOR AND DEPUTY DIRECTOR OF CIA.— 
When the position of Director or Deputy Director of the 
Central Intelligence Agency is held by an officer of the 
armed forces, the officer serving in that position, while so 
serving, shall be excluded from the limitations in sections 
525 and 526 of this title. However, if both such positions 
are held by an officer of the armed forces, only one such 
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114 
officer may be excluded from those limitation while so serv-
ing.’’; and 
(2) by adding at the end the following new sub-
sections: 
‘‘(e) EFFECT OF APPOINTMENT.—Except as provided 
in subsection (a), the appointment or assignment of an offi-
cer of the armed forces to a position covered by this section 
shall not affect— 
‘‘(1) the status, position, rank, or grade of such 
officer in the armed forces; or 
‘‘(2) any emolument, perquisite, right, privilege, 
or benefit incident to or arising out of such status, 
position, rank, or grade. 
‘‘(f) MILITARY PAY AND ALLOWANCES.—An officer of 
the armed forces on active duty who is appointed or as-
signed to a position covered by this section shall, while serv-
ing in such position and while remaining on active duty, 
continue to receive military pay and allowances and shall 
not receive the pay prescribed for such position. Funds from 
which such military pay and allowances are paid to such 
officer while so serving shall be reimbursed from funds 
available to the Director of the Central Intelligence Agency 
(for an officer serving in a position within the Central In-
telligence Agency) or from funds available to the Director 
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115 
of National Intelligence (for an officer serving in a position 
within the Office of the Director of National Intelligence). 
‘‘(g) COVERED POSITIONS.—The positions covered by 
this section are the positions specified in subsections (b) and 
(c) and the positions designated under subsection (d).’’. 
(b) CLERICAL AMENDMENTS.— 
(1) The heading of such section is amended to 
read as follows: 
‘‘§ 528. Officers serving in certain intelligence posi-
tions: military status; exclusion from dis-
tribution and strength limitations; pay 
and allowances’’. 
(2) The table of sections at the beginning of 
chapter 32 of such title is amended to read as follows: 
‘‘528. Officers serving in certain intelligence positions: military status; exclusion 
from distribution and strength limitations; pay and allow-
ances.’’. 
Subtitle B—Reserve Component 
Management 
SEC. 511. REVISIONS TO RESERVE CALL-UP AUTHORITY. 
(a) MAXIMUM NUMBER OF DAYS.—Subsection (a) of 
section 12304 of title 10, United States Code, is amended 
by striking ‘‘270 days’’ and inserting ‘‘365.’’ 
(b) SUPPORT FOR DISASTERS.—Such section is further 
amended— 
(1) in subsection (b)— 
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116 
(A) by striking ‘‘or’’ at the end of para-
graph (1); 
(B) by striking the period at the end of 
paragraph (2) and inserting ‘‘; or’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(3) a serious natural or manmade disaster, ac-
cident, or catastrophe that occurs in the United 
States, its territories and possessions, or Puerto 
Rico.’’; and 
(2) in subsection (c)(1)— 
(A) by striking ‘‘title or,’’ and inserting 
‘‘title,’’; and 
(B) by striking ‘‘, to provide’’ and all that 
follows through the end and inserting a period. 
(c) FAIR TREATMENT.—Such section is further amend-
ed— 
(1) by redesignating subsection (i) as subsection 
(j); and 
(2) by inserting after subsection (h) the following 
new subsection (i): 
‘‘(i) CONSIDERATIONS FOR INVOLUNTARY ORDER TO 
ACTIVE DUTY.—(1) In determining which members of the 
Selected Reserve and Individual Ready Reserve will be or-
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dered to duty without their consent under this section, ap-
propriate consideration shall be given to— 
‘‘(A) the length and nature of previous service, to 
assure such sharing of exposure to hazards as the na-
tional security and military requirements will rea-
sonably allow; 
‘‘(B) family responsibilities; and 
‘‘(C) employment necessary to maintain the na-
tional health, safety, or interest. 
‘‘(2) The Secretary of Defense shall prescribe such poli-
cies and procedures as the Secretary considers necessary to 
carry out this subsection.’’. 
SEC. 512. MILITARY RETIREMENT CREDIT FOR CERTAIN 
SERVICE BY NATIONAL GUARD MEMBERS 
PERFORMED WHILE IN A STATE DUTY STATUS 
IMMEDIATELY AFTER THE TERRORIST AT-
TACKS OF SEPTEMBER 11, 2001. 
Subsection (c) of section 514 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109– 
163; 119 Stat. 3232) is amended by adding at the end the 
following new paragraph: 
‘‘(3) In the State of New Jersey: Bergen, Hud-
son, Union, and Middlesex.’’. 
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118 
SEC. 513. REPORT ON PRIVATE-SECTOR PROMOTION AND 
CONSTRUCTIVE TERMINATION OF MEMBERS 
OF THE RESERVE COMPONENTS CALLED OR 
ORDERED TO ACTIVE SERVICE. 
(a) REPORT REQUIRED.—Not later than March 1, 
2007, the Secretary of Defense shall submit to the Com-
mittee on Armed Services of the Senate and the Committee 
on Armed Services of the House of Representatives a report 
on the promotion and constructive termination by private- 
sector employers of members of the reserve components 
called or ordered to active service. 
(b) COLLECTION OF INFORMATION.—The Secretary of 
Defense shall base the report required under subsection (a) 
on information submitted voluntarily by members of the re-
serve components. 
(c) CONSTRUCTIVE TERMINATION.—In this section, the 
term ‘‘constructive termination’’ means the voluntary res-
ignation of an employee because of working conditions the 
employee finds unbearable. 
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119 
Subtitle C—Education and 
Training 
SEC. 521. AUTHORITY TO PERMIT MEMBERS WHO PARTICI-
PATE IN THE GUARANTEED RESERVE FORCES 
DUTY SCHOLARSHIP PROGRAM TO PARTICI-
PATE IN THE HEALTH PROFESSIONS SCHOL-
ARSHIP PROGRAM AND SERVE ON ACTIVE 
DUTY. 
Paragraph (3) of section 2107a(b) of title 10, United 
States Code, is amended— 
(1) by inserting ‘‘or a cadet or former cadet 
under this section who signs an agreement under sec-
tion 2122 of this title,’’ after ‘‘military junior col-
lege,’’; and 
(2) by inserting ‘‘, or former cadet,’’ after ‘‘con-
sent of the cadet’’ and after ‘‘submitted by the cadet’’. 
SEC. 522. JUNIOR RESERVE OFFICERS’ TRAINING CORPS IN-
STRUCTION ELIGIBILITY EXPANSION. 
Section 2031 of title 10, United States Code, is amend-
ed— 
(1) in subsection (d)(1), by inserting ‘‘who are 
receiving retired or retainer pay,’’ after ‘‘Fleet Ma-
rine Corps Reserve,’’; and 
(2) by adding at the end the following new sub-
section (e): 
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120 
‘‘(e) Instead of, or in addition to, the detailing of ac-
tive-duty officers and noncommissioned officers under sub-
section (c)(1), and the employment of retired officers and 
noncommissioned officers and members of the Fleet Reserve 
or Fleet Marine Corps Reserve under subsection (d), the 
Secretary of the military department concerned may au-
thorize qualified institutions to employ as administrators 
and instructors in the program, retired officers and non-
commissioned officers who qualify for retired pay for non-
regular service under the provisions of chapter 1223 of this 
title but for being under the age specified in section 
12731(a)(1) of this title for eligibility for such retired pay, 
whose qualifications are approved by the Secretary and the 
institution concerned, and who request such employment, 
subject to the following: 
‘‘(1) The compensation package for officers and 
noncommissioned officers employed under this sub-
section shall not be coupled with either active duty 
pay or retired pay, but instead shall be at a rate con-
tracted individually and determined by the Secretary 
of the military department concerned. The Secretary 
may pay the institution an amount the Secretary de-
termined to be appropriate, but the amount may not 
be more than the amount that would be paid on be-
half of an equivalent retiree or member of the Fleet 
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121 
Reserve or Fleet Marine Corps Reserve under the pro-
visions of subsection (d)(1). The Secretary may con-
tinue to pay individuals employed under this sub-
section pre-determined compensation packages, even 
after they reach the age of 60. Payments by the Sec-
retary concerned under this paragraph shall be made 
from funds appropriated for that purpose. 
‘‘(2) Such a retired member is not, while so em-
ployed, considered to be on active duty or inactive 
duty training for any purpose.’’. 
SEC. 523. AUTHORITY FOR UNITED STATES MILITARY ACAD-
EMY AND UNITED STATES AIR FORCE ACAD-
EMY PERMANENT MILITARY PROFESSORS TO 
ASSUME COMMAND POSITIONS WHILE ON PE-
RIODS OF SABBATICAL. 
(a) UNITED STATES MILITARY ACADEMY.—Section 
4334(d) of title 10, United States Code, is amended— 
(1) by striking ‘‘permanent professors and the’’; 
(2) by striking ‘‘exercise’’ and inserting ‘‘exer-
cises’’; and 
(3) by adding at the end the following new sen-
tence: ‘‘The permanent professors exercise command 
only in the academic department of the Academy and, 
at the discretion of the Secretary of the Army, within 
Army units to which they are assigned.’’. 
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122 
(b) UNITED STATES AIR FORCE ACADEMY.—Section 
9334(b) of such title is amended— 
(1) by striking ‘‘permanent professors and the’’; 
and 
(2) by striking ‘‘exercise’’ and inserting ‘‘exer-
cises’’; and 
(3) by adding at the end the following new sen-
tence: ‘‘The permanent professors exercise command 
only in the academic department of the Academy and, 
at the discretion of the Secretary of the Air Force, 
within Air Force units to which they are assigned.’’. 
SEC. 524. EXPANSION OF SERVICE ACADEMY EXCHANGE 
PROGRAMS WITH FOREIGN MILITARY ACAD-
EMIES. 
(a) UNITED STATES MILITARY ACADEMY.— 
(1) NUMBER
OF
PARTICIPANTS
IN
EXCHANGE 
PROGRAM.—Subsection (b) of section 4345 of title 10, 
United States Code, is amended by striking ‘‘24’’ and 
inserting ‘‘100’’. 
(2) COSTS
AND
EXPENSES.—Subsection (c) of 
such section is amended— 
(A) by striking ‘‘for the Academy’’ in para-
graph (3) and all that follows in that paragraph 
and inserting ‘‘for the Academy and such addi-
tional funds as may be available to the Academy 
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123 
from a source other than appropriated funds to 
support cultural immersion, regional awareness, 
or foreign language training activities in connec-
tion with the exchange program.’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(4) Expenditures in support of the exchange program 
from funds appropriated for the Academy may not exceed 
$1,000,000 during any fiscal year.’’. 
(b) UNITED STATES NAVAL ACADEMY.— 
(1) NUMBER
OF
PARTICIPANTS
IN
EXCHANGE 
PROGRAM.—Subsection (b) of section 6957a of title 
10, United States Code, is amended by striking ‘‘24’’ 
and inserting ‘‘100’’. 
(2) COSTS
AND
EXPENSES.—Subsection (c) of 
such section is amended— 
(A) by striking ‘‘for the Academy’’ in para-
graph (3) and all that follows in that paragraph 
and inserting ‘‘for the Academy and such addi-
tional funds as may be available to the Academy 
from a source other than appropriated funds to 
support cultural immersion, regional awareness, 
or foreign language training activities in connec-
tion with the exchange program.’’; and 
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124 
(B) by adding at the end the following new 
paragraph: 
‘‘(4) Expenditures in support of the exchange program 
from funds appropriated for the Naval Academy may not 
exceed $1,000,000 during any fiscal year.’’. 
(c) UNITED STATES AIR FORCE ACADEMY.— 
(1) NUMBER
OF
PARTICIPANTS
IN
EXCHANGE 
PROGRAM.—Subsection (b) of section 9345 of title 10, 
United States Code, is amended by striking ‘‘24’’ and 
inserting ‘‘100’’. 
(2) COSTS
AND
EXPENSES.—Subsection (c) of 
such section is amended— 
(A) by striking ‘‘for the Academy’’ in para-
graph (3) and all that follows in that paragraph 
and inserting ‘‘for the Academy and such addi-
tional funds as may be available to the Academy 
from a source other than appropriated funds to 
support cultural immersion, regional awareness, 
or foreign language training activities in connec-
tion with the exchange program.’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(4) Expenditures in support of the exchange program 
from funds appropriated for the Academy may not exceed 
$1,000,000 during any fiscal year.’’. 
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125 
(d) EFFECTIVE DATES.—The amendments made by 
subsection (a) shall take effect on the date of the enactment 
of this Act. The amendments made by subsections (b) and 
(c) shall take effect on October 1, 2008. 
SEC. 525. REVIEW OF LEGAL STATUS OF JUNIOR ROTC PRO-
GRAM. 
(a) REVIEW.—The Secretary of Defense shall conduct 
a review of the 1976 legal opinion issued by the General 
Counsel of the Department of Defense regarding instruction 
of non-host unit students participating in Junior Reserve 
Officers’ Training Corps programs. The review shall con-
sider whether changes to law after the issuance of that opin-
ion allow in certain circumstances for the arrangement for 
assignment of instructors that provides for the travel of an 
instructor from one educational institution to another once 
during the regular school day for the purposes of the Junior 
Reserve Officers’ Training Corps program as an authorized 
arrangement that enhances administrative efficiency in the 
management of the program. If the Secretary, as a result 
of the review, determines that such authority is not avail-
able, the Secretary should also consider whether such au-
thority should be available and whether there should be au-
thority to waive the restrictions under certain cir-
cumstances. 
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126 
(b) REPORT.—The Secretary shall submit to the Com-
mittee on Armed Services of the Senate and the Committee 
on Armed Services of the House of Representatives a report 
containing the results of the review not later than 180 days 
after the date of the enactment of this Act. 
(c) INTERIM AUTHORITY.—A current institution that 
has more than 70 students and is providing support to an-
other educational institutional with more than 70 students 
and has been providing for the assignment of instructors 
from one school to the other may continue to provide such 
support until 180 days following receipt of the report under 
subsection (b). 
Subtitle D—General Service 
Authorities 
SEC. 531. TEST OF UTILITY OF TEST PREPARATION GUIDES 
AND EDUCATION PROGRAMS IN ENHANCING 
RECRUIT CANDIDATE PERFORMANCE ON THE 
ARMED SERVICES VOCATIONAL APTITUDE 
BATTERY (ASVAB) AND ARMED FORCES QUAL-
IFICATION TEST (AFQT). 
(a) REQUIREMENT FOR TEST.—The Secretary of De-
fense shall conduct a test of the utility of commercially 
available test preparation guides and education programs 
designed to assist recruit candidates achieve scores on mili-
tary recruit qualification testing that better reflect the full 
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127 
potential of those recruit candidates in terms of aptitude 
and mental category. The test shall be conducted through 
the Secretaries of the Army, Navy and Air Force. 
(b) ASSESSMENT
OF
COMMERCIALLY
AVAILABLE 
GUIDES AND PROGRAMS.—The test shall assess commer-
cially available test preparation guides and education pro-
grams designed to enhance test performance. The test prepa-
ration guides assessed shall test both written formats and 
self-paced computer-assisted programs. Education pro-
grams assessed may test both self-study textbook and com-
puter-assisted courses and instructor-led courses. 
(c) OBJECTIVES.—The objectives of the test are to de-
termine the following: 
(1) The degree to which test preparation assist-
ance degrades test reliability and accuracy. 
(2) The degree to which test preparation assist-
ance allows more accurate testing of skill aptitudes 
and mental capability. 
(3) The degree to which test preparation assist-
ance allows individuals to achieve higher scores with-
out sacrificing reliability and accuracy. 
(4) What role is recommended for test prepara-
tion assistance in military recruiting. 
(d) CONTROL GROUP.—As part of the test, the Sec-
retary shall identify a population of recruit candidates who 
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128 
will not receive test preparation assistance and will serve 
as a control group for the test. Data from recruit candidates 
participating in the test and data from recruit candidates 
in the control group shall be compared in terms of both (1) 
test performance, and (2) subsequent duty performance in 
training and unit settings following entry on active duty. 
(e) NUMBER OF PARTICIPANTS.—The Secretary shall 
provide test preparation assistance to a minimum of 2,000 
recruit candidates and shall identify an equal number to 
be established as the control group population. 
(f) DURATION OF TEST.—The Secretary shall begin the 
test not later than nine months after the date of the enact-
ment of this Act. The test shall identify participants over 
a one-year period from the start of the test and shall assess 
duty performance for each participant for 18 months fol-
lowing entry on active duty. The last participant shall be 
identified, but other participants may not be identified. 
(g) REPORT ON FINDINGS.—Not later than six months 
after completion of the duty performance assessment of the 
last identified participant in the test, the Secretary of De-
fense shall submit to the Committee on Armed Services in 
the Senate and the Committee on Armed Services of the 
House of Representatives a report providing the findings 
of the Secretary with respect to each of the objectives speci-
fied in subsection (c) and the Secretary’s recommendations. 
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129 
SEC. 532. NONDISCLOSURE OF SELECTION BOARD PRO-
CEEDINGS. 
(a) 
ACTIVE-DUTY
SELECTION
BOARD
PRO-
CEEDINGS.— 
(1) EXTENSION TO ALL ACTIVE-DUTY BOARDS.— 
Chapter 36 of title 10, United States Code, is amend-
ed by inserting after section 613 the following new 
section: 
‘‘§ 613a. Nondisclosure of board proceedings 
‘‘(a) NONDISCLOSURE.—The proceedings of a selection 
board convened under section 611 this title may not be dis-
closed to any person not a member of the board. 
‘‘(b) PROHIBITED USES OF BOARD RECORDS.—The 
discussions and deliberations of such a selection board and 
any written or documentary record of such discussions and 
deliberations— 
‘‘(1) are immune from legal process; 
‘‘(2) may not be admitted as evidence; and 
‘‘(3) may not be used for any purpose in any ac-
tion, suit, or judicial or administrative proceeding 
without the consent of the Secretary of the military 
department concerned. 
‘‘(c) APPLICABILITY.—The section shall apply with re-
spect to the proceedings of all selection boards convened 
under section 611 of this title, including selection boards 
convened before the date of the enactment of this section.’’. 
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130 
(2) CONFORMING AMENDMENT.—Section 618 of 
such title is amended by striking subsection (f). 
(b) RESERVE SELECTION BOARD PROCEEDINGS.—Sec-
tion 14104 of such title is amended to read as follows: 
‘‘§ 14104. Nondisclosure of board proceedings 
‘‘(a) NONDISCLOSURE.—The proceedings of a selection 
board convened under section 14101of this title may not 
be disclosed to any person not a member of the board. 
‘‘(b) PROHIBITED USES OF BOARD RECORDS.—The 
discussions and deliberations of such a selection board and 
any written or documentary record of such discussions and 
deliberations— 
‘‘(1) are immune from legal process; 
‘‘(2) may not be admitted as evidence; and 
‘‘(3) may not be used for any purpose in any ac-
tion, suit, or judicial or administrative proceeding 
without the consent of the Secretary of the military 
department concerned. 
‘‘(c) APPLICABILITY.—The section shall apply with re-
spect to the proceedings of all selection boards convened 
under section 14101 of this title, including selection boards 
convened before the date of the enactment of this section.’’. 
(c) CLERICAL AMENDMENTS.— 
(1) The table of sections at the beginning of sub-
chapter I of chapter 36 of such title is amended by 
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131 
inserting after the item relating to section 613 the fol-
lowing new item: 
‘‘14104. Nondisclosure of board proceedings.’’. 
(2) The item relating to section 14104 in the 
table of sections at the beginning of chapter 1403 of 
such title is amended to read as follows: 
‘‘14104. Nondisclosure of board proceedings.’’. 
SEC. 533. REPORT ON EXTENT OF PROVISION OF TIMELY 
NOTICE OF LONG-TERM DEPLOYMENTS. 
Not later than March 1, 2007, the Secretary of Defense 
shall submit to the Committee on Armed Services of the 
Senate and the Committee on Armed Services of the House 
of Representatives a report on the number of members of 
the Armed Forces (shown by service and within each service 
by reserve component and active component) who, since 
September 11, 2001, have not received at least 30 days no-
tice (in the form of an official order) before a deployment 
that will last 180 days or more. With respect to members 
of the reserve components, the report shall describe the de-
gree of compliance (or noncompliance) with Department of 
Defense policy concerning the amount of notice to be pro-
vided before long-term mobilizations or deployments. 
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132 
Subtitle E—Authorities Relating to 
Guard and Reserve Duty 
SEC. 541. TITLE 10 DEFINITION OF ACTIVE GUARD AND RE-
SERVE DUTY. 
Section 101 of title 10, United States Code, is amend-
ed— 
(1) by adding at the end of subsection (b) the fol-
lowing new paragraph: 
‘‘(16) The term ‘Active Guard and Reserve’ 
means a member of a reserve component who is on ac-
tive duty pursuant to section 12301(d) of this title or, 
if a member of the Army National Guard or Air Na-
tional Guard, is on full-time National Guard duty 
pursuant to section 502(f) of title 32, and who is per-
forming Active Guard and Reserve duty.’’; and 
(2) in paragraph (6)(A) of subsection (d)— 
(A) by striking ‘‘or full-time National 
Guard duty’’ after ‘‘means active duty’’; and 
(B) by striking ‘‘, pursuant to an order to 
active duty or full-time National Guard duty’’ 
and inserting ‘‘pursuant to an order to full-time 
National Guard duty,’’. 
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133 
SEC. 542. AUTHORITY FOR ACTIVE GUARD AND RESERVE 
DUTIES TO INCLUDE SUPPORT OF OPER-
ATIONAL MISSIONS ASSIGNED TO THE RE-
SERVE 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 Sec-
retary’s jurisdiction to active duty pursuant to section 
12301(d) of this title to perform 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 sub-
section (a) may perform the following duties in addition 
to (and not in lieu 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 per-
formed or to be performed by— 
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134 
‘‘(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 Secre-
taries of the military departments, the Joint Chiefs of 
Staff, and the commanders of the unified combatant 
command 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 ap-
plicable to active-duty members providing such 
instruction or training); 
‘‘(C) Department of Defense contractor per-
sonnel; or 
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135 
‘‘(D) Department of Defense civilian em-
ployees.’’. 
(b) MILITARY TECHNICIANS UNDER TITLE 10.—Sec-
tion 10216(a) of such title is amended— 
(1) in paragraph (1)(C), by striking ‘‘adminis-
tration and’’ and inserting ‘‘organizing, admin-
istering, instructing, or’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(3) A military technician (dual status) who is em-
ployed under section 3101 of title 5 may perform the fol-
lowing duties in addition to (and not in lieu of) those pri-
mary 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 per-
formed 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 techni-
cian’s component; or 
‘‘(II) a member of the technician’s 
component whose reserve component assign-
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136 
ment is in a position in an element of the 
joint forces unit. 
‘‘(C) Instructing or training in the United 
States or the Commonwealth of Puerto Rico or posses-
sions 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 ap-
plicable to active-duty members providing such 
instruction or training); 
‘‘(iii) Department of Defense contractor per-
sonnel; or 
‘‘(iv) Department of Defense civilian em-
ployees.’’. 
(c) NATIONAL GUARD TITLE 32 TRAINING DUTY.— 
Section 502(f) of title 32, United States Code, title is 
amended— 
(1) by inserting ‘‘(1)’’ before ‘‘Under regula-
tions’’; 
(2) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively; 
(3) by striking the last sentence and inserting 
the following: 
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137 
‘‘(2) The training or duty ordered to be performed 
under paragraph (1) may include the following: 
‘‘(A) Support of operations or missions under-
taken by the member’s unit at the request of the Presi-
dent or Secretary of Defense. 
‘‘(B) Support of training operations and train-
ing missions assigned in whole or in part to the Na-
tional Guard by the Secretary concerned, but only to 
the extent that such training missions and training 
operations— 
‘‘(i) are performed in the territorial limits 
of the United States, its territories and posses-
sions, the District of Columbia, and the Com-
monwealth of Puerto Rico; and 
‘‘(ii) are only to instruct active duty mili-
tary, foreign military (under the same authori-
ties and restrictions applicable to active duty 
troops), Department of Defense contractor per-
sonnel, or Department of Defense civilian em-
ployees. 
‘‘(3) Duty without pay shall be considered for all pur-
poses 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— 
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138 
(1) in paragraph (1)— 
(A) by striking ‘‘administration and’’ and 
inserting ‘‘organizing, administering, instruct-
ing, or’’; and 
(B) by striking ‘‘and’’ at the end of such 
paragraph; 
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(3) the performance of the following duties in 
addition to (and not in lieu of) those duties described 
by paragraphs (1) and (2): 
‘‘(A) Support of operations or missions un-
dertaken by the technician’s unit at the request 
of the President or the Secretary of Defense. 
‘‘(B) Support of Federal training oper-
ations 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; 
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139 
‘‘(ii) members of foreign military forces 
(under the same authorities and restrictions 
applicable to active-duty members pro-
viding such instruction or training); 
‘‘(iii) Department of Defense con-
tractor personnel; or 
‘‘(iv) Department of Defense civilian 
employees.’’. 
(e) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘328. Active Guard and Reserve duty: Governor’s authority.’’. 
SEC. 543. GOVERNOR’S AUTHORITY TO ORDER MEMBERS TO 
ACTIVE GUARD AND RESERVE DUTY. 
(a) IN GENERAL.—Chapter 3 of title 32, United States 
Code, is amended by adding at the end the following new 
section: 
‘‘§ 328. Active Guard and Reserve duty: Governor’s au-
thority 
‘‘(a) AUTHORITY.—The Governor of a State or the 
Commonwealth of Puerto Rico, Guam, or the Virgin Is-
lands, or the commanding general of the District of Colum-
bia National Guard, as the case may be, with the consent 
of the Secretary concerned, may order a member of the Na-
tional Guard to perform Active Guard and Reserve duty, 
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140 
as defined by section 101(d)(6) of title 10, pursuant to sec-
tion 502(f) of this title. 
‘‘(b) DUTIES.—A member of the National Guard per-
forming duty under subsection (a) may perform the fol-
lowing duties in addition to (and not in lieu of) that mem-
ber’s primary Active Guard and Reserve duties of orga-
nizing, administering, recruiting, instructing, and training 
the reserve components: 
‘‘(1) Support of operations or missions under-
taken by the member’s unit at the request of the Presi-
dent or the Secretary of Defense. 
‘‘(2) Support of training operations and train-
ing missions assigned in whole or in part by the Sec-
retary concerned to the National Guard, but only to 
the extent that such training operation and training 
missions— 
‘‘(A) are performed in the territorial limits 
of the United States, its territories and posses-
sions, and the Commonwealth of Puerto Rico; 
and 
‘‘(B) are only to instruct— 
‘‘(i) active-duty members of the armed 
forces; 
‘‘(ii) members of foreign military forces 
(under the same authorities and restrictions 
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141 
applicable to active-duty members pro-
viding such instruction or training); 
‘‘(iii) Department of Defense con-
tractor personnel; or 
‘‘(iv) Department of Defense civilian 
employees.’’. 
SEC. 544. NATIONAL GUARD OFFICERS AUTHORITY TO COM-
MAND. 
Section 325 of title 32, United States Code, is amend-
ed— 
(1) in subsection (a)(2), by striking ‘‘in com-
mand of a National Guard unit’’; 
(2) by redesignating subsection (b) as subsection 
(c); and 
(3) by inserting after subsection (a) the following 
new subsection (b): 
‘‘(b) ADVANCE AUTHORIZATION AND CONSENT.—The 
President and Governor of the State or Commonwealth of 
Puerto Rico, Guam, or the Virgin Islands, or the com-
manding general of the District of Columbia National 
Guard, as the case may be, respectively, may give the au-
thorization and consent required by subsection (a)(2), in 
advance, for the purpose of establishing the succession of 
command of a unit.’’; and 
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142 
(4) by adding at the end the following new sub-
section: 
‘‘(d) NATIONAL GUARD DUTIES.—An officer who is not 
relieved from duty in the National Guard while serving on 
active duty pursuant to subsection (a)(2) may perform any 
duty authorized to be performed by the laws of that officer’s 
State or the laws of the Commonwealth of Puerto Rico, 
Guam, the Virgin Islands, or the District of Columbia, as 
the case may be, to be performed by the National Guard 
without regard to the limitations imposed by section 1385 
of title 18.’’. 
SEC. 545. EXPANSION OF OPERATIONS OF CIVIL SUPPORT 
TEAMS. 
(a) IN GENERAL.—Section 12310(c) of title 10, United 
States Code, is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘involving—’’ and inserting 
‘‘involving any of the following:’’; and 
(B) by striking subparagraphs (A) and (B) 
and inserting the following: 
‘‘(A) The use or threatened use of a weapon of 
mass destruction (as defined in section 12304(i)(2) of 
this title) in the United States. 
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143 
‘‘(B) A terrorist attack or threatened terrorist at-
tack in the United States that results, or could result, 
in catastrophic loss of life or property. 
‘‘(C) The intentional or unintentional release of 
nuclear, biological, radiological, or toxic or poisonous 
chemical materials in the United States that results, 
or could result, in catastrophic loss of life or property. 
‘‘(D) A natural or manmade disaster in the 
United States that results in, or could result in, cata-
strophic loss of life or property.’’; 
(2) by amending paragraph (3) to read as fol-
lows: 
‘‘(3) A Reserve may perform duty described in para-
graph (1) only while assigned to a reserve component weap-
ons of mass destruction civil support team.’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(7) In this subsection, the term ‘United States’ in-
cludes the Commonwealth of Puerto Rico, Guam, and the 
Virgin Islands.’’. 
(b) TECHNICAL
AND CONFORMING AMENDMENTS.— 
Such section is further amended— 
(1) by striking the subsection heading and in-
serting 
‘‘OPERATIONS
RELATING
TO
DEFENSE 
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144 
AGAINST WEAPONS OF MASS DESTRUCTION AND TER-
RORIST ATTACKS.—’’; 
(2) in paragraph (5), by striking ‘‘rapid assess-
ment element team’’ and inserting ‘‘weapons of mass 
destruction civil support team’’; and 
(3) in paragraph (6)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘paragraph (3)’’ and inserting 
‘‘paragraphs (1) and (3)’’; and 
(B) in subparagraph (B), by striking 
‘‘paragraph (3)(B)’’ and inserting ‘‘paragraph 
(3)’’. 
Subtitle F—Decorations and 
Awards 
SEC. 551. AUTHORITY FOR PRESENTATION OF MEDAL OF 
HONOR FLAG TO LIVING MEDAL OF HONOR 
RECIPIENTS AND TO LIVING PRIMARY NEXT- 
OF-KIN OF DECEASED MEDAL OF HONOR RE-
CIPIENTS. 
(a) ARMY.—Section 3755 of title 10, United States 
Code, is amended— 
(1) by striking ‘‘after October 23, 2002’’; and 
(2) by adding at the end the following new sen-
tence: ‘‘In the case of a posthumous presentation of 
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the medal, the flag shall be presented to the person to 
whom the medal is presented’’. 
(b) NAVY.—Section 6257 of such title is amended— 
(1) by striking ‘‘after October 23, 2002’’; and 
(2) by adding at the end the following new sen-
tence: ‘‘In the case of a posthumous presentation of 
the medal, the flag shall be presented to the person to 
whom the medal is presented’’. 
(c) AIR FORCE.—Section 8755 of such title is amend-
ed— 
(1) by striking ‘‘after October 23, 2002’’; and 
(2) by adding at the end the following new sen-
tence: ‘‘In the case of a posthumous presentation of 
the medal, the flag shall be presented to the person to 
whom the medal is presented’’. 
(d) COAST GUARD.—Section 505 of title 14, United 
States Code, is amended— 
(1) by striking ‘‘after October 23, 2002’’; and 
(2) by adding at the end the following new sen-
tence: ‘‘In the case of a posthumous presentation of 
the medal, the flag shall be presented to the person to 
whom the medal is presented’’. 
(e) PRESENTATION OF FLAG FOR PRIOR RECIPIENTS 
OF MEDAL OF HONOR.— 
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