H. R. 5122—111
‘‘(i) CONSIDERATIONS
FOR
INVOLUNTARY
ORDER
TO
ACTIVE 
DUTY.—(1) In determining which members of the Selected Reserve 
and Individual Ready Reserve will be ordered to duty without 
their consent under this section, appropriate consideration shall 
be given to—
‘‘(A) the length and nature of previous service, to assure 
such sharing of exposure to hazards as the national security 
and military requirements will reasonably allow; 
‘‘(B) the frequency of assignments during service career; 
‘‘(C) family responsibilities; and 
‘‘(D) employment necessary to maintain the national health, 
safety, or interest. 
‘‘(2) The Secretary of Defense shall prescribe such policies and 
procedures as the Secretary considers necessary to carry out this 
subsection.’’. 
SEC. 523. MILITARY RETIREMENT CREDIT FOR CERTAIN SERVICE BY 
NATIONAL GUARD MEMBERS PERFORMED WHILE IN A 
STATE DUTY STATUS IMMEDIATELY AFTER THE TER-
RORIST ATTACKS OF SEPTEMBER 11, 2001. 
Subsection (c) of section 514 of the National Defense Authoriza-
tion 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, Hudson, Union, 
and Middlesex.’’. 
PART II—AUTHORITIES RELATING TO GUARD 
AND RESERVE DUTY 
SEC. 524. TITLE 10 DEFINITION OF ACTIVE GUARD AND RESERVE DUTY. 
Section 101 of title 10, United States Code, is amended—
(1) by adding at the end of subsection (b) the following 
new paragraph: 
‘‘(16) The term ‘Active Guard and Reserve’ means a member 
of a reserve component who is on active duty pursuant to 
section 12301(d) of this title or, if a member of the Army 
National Guard or Air National Guard, is on full-time National 
Guard duty pursuant to section 502(f) of title 32, and who 
is performing 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,’’. 
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
H. R. 5122—112
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 perform-
ance 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 mem-
bers 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 compo-
nent; 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.
H. R. 5122—113
‘‘(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 mem-
bers 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 subpara-
graphs (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 para-
graph (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 Common-
wealth 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 inter-
fere 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 techni-
cian’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;
H. R. 5122—114
‘‘(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.’’. 
SEC. 526. 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 authority 
‘‘(a) AUTHORITY.—The Governor of a State or the Common-
wealth 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, with the consent of the Secretary concerned, 
may order a member of the National Guard to perform Active 
Guard and Reserve duty, as defined by section 101(d)(6) of title 
10, pursuant to section 502(f) of this title. 
‘‘(b) DUTIES.—A member of the National Guard performing 
duty under subsection (a) may perform the additional duties speci-
fied in section 502(f)(2) of this title to the extent that the perform-
ance of those duties does not interfere with the performance of 
the member’s primary Active Guard and Reserve duties of orga-
nizing, administering, recruiting, instructing, and training the 
reserve components.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item:
‘‘328. Active Guard and Reserve duty: Governor’s authority.’’.
SEC. 527. 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 destruc-
tion (as defined in section 12304(i)(2) of this title) in the United 
States. 
‘‘(B) A terrorist attack or threatened terrorist attack 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, catastrophic loss of life 
or property.’’; 
(2) by amending paragraph (3) to read as follows: 
‘‘(3) A Reserve may perform duty described in paragraph (1) 
only while assigned to a reserve component weapons of mass 
destruction civil support team.’’; and
H. R. 5122—115
(3) by adding at the end the following new paragraph: 
‘‘(7) In this subsection, the term ‘United States’ includes 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 inserting ‘‘OPER-
ATIONS RELATING
TO DEFENSE AGAINST WEAPONS
OF MASS 
DESTRUCTION AND TERRORIST ATTACKS.—’’; 
(2) in paragraph (5), by striking ‘‘rapid assessment 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)’’. 
SEC. 528. MODIFICATION OF AUTHORITIES RELATING TO THE COMMIS-
SION ON THE NATIONAL GUARD AND RESERVES. 
(a) ANNUITIES AND PAY OF MEMBERS ON FEDERAL REEMPLOY-
MENT.—Subsection (e) of section 513 of the Ronald W. Reagan 
National Defense Authorization Act for Fiscal Year 2005 (Public 
Law 108–375; 118 Stat. 1882), as amended by section 516 of the 
National Defense Authorization Act for Fiscal Year 2006 (Public 
Law 109–163; 119 Stat. 3237), is further amended by adding at 
the end the following new paragraph: 
‘‘(3) If warranted by circumstances described in subparagraph 
(A) or (B) of section 8344(i)(1) of title 5, United States Code, or 
by circumstances described in subparagraph (A) or (B) of section 
8468(f)(1) of such title, as applicable, the chairman of the Commis-
sion may exercise, with respect to the members of the Commission, 
the same waiver authority as would be available to the Director 
of the Office of Personnel Management under such section.’’. 
(b) FINAL REPORT.—Subsection (f)(2) of such section 513 (118 
Stat. 1882) is amended by striking ‘‘Not later than one year after 
the first meeting of the Commission’’ and inserting ‘‘Not later than 
January 31, 2008’’. 
(c) EFFECTIVE DATE.—The amendments made by this section 
shall take effect as of October 28, 2004, as if included in the 
enactment of the Ronald W. Reagan National Defense Authorization 
Act for Fiscal Year 2005. The amendment made by subsection 
(a) shall apply to members of the Commission on the National 
Guard and Reserves appointed on or after that date. 
SEC. 529. ADDITIONAL MATTERS TO BE REVIEWED BY COMMISSION 
ON THE NATIONAL GUARD AND RESERVES. 
(a) ADDITIONAL MATTERS TO BE REVIEWED BY COMMISSION.—
The Commission on the National Guard and Reserves shall include 
among the matters it studies (in addition to the matters specified 
in subsection (c) of the commission charter) each of the following: 
(1) NATIONAL GUARD BUREAU ENHANCEMENT PROPOSALS.—
The advisability and feasibility of implementing the provisions 
of S. 2658 and H.R. 5200 of the 109th Congress, as introduced 
in the Senate and the House of Representatives, respectively, 
on April 26, 2006. 
(2) CHIEF OF NATIONAL GUARD BUREAU.—As an alternative 
to implementation of the provisions of the bills specified in
H. R. 5122—116
paragraph (1) that provide for the Chief of the National Guard 
Bureau to be a member of the Joint Chiefs of Staff and to 
hold the grade of general, the advisability and feasibility of 
providing for the Chief of the National Guard Bureau to hold 
the grade of general in the performance of the current duties 
of that office. 
(3) NATIONAL GUARD OFFICERS AUTHORITY TO COMMAND.—
The advisability and feasibility of implementing the provisions 
of section 544 of H.R. 5122 of the 109th Congress, as passed 
by the House of Representatives on May 11, 2006. 
(4) NATIONAL GUARD EQUIPMENT AND FUNDING REQUIRE-
MENTS.—The adequacy of the Department of Defense processes 
for defining the equipment and funding necessary for the 
National Guard to conduct both its responsibilities under title 
10, United States Code, and its responsibilities under title 
32, United States Code, including homeland defense and related 
homeland missions, including as part of such study—
(A) consideration of the extent to which those processes 
should be developed taking into consideration the views 
of the Chief of the National Guard Bureau, as well as 
the views of the 54 Adjutant Generals and the views of 
the Chiefs of the Army National Guard and the Air Guard; 
and 
(B) whether there should be an improved means by 
which National Guard equipment requirements are vali-
dated by the Joint Chiefs of Staff and are considered for 
funding by the Secretaries of the Army and Air Force. 
(b) PRIORITY REVIEW AND REPORT.—
(1) PRIORITY REVIEW.—The Commission on the National 
Guard and Reserves shall carry out its study of the matters 
specified in paragraphs (1), (2), and (3) of subsection (a) on 
a priority basis, with a higher priority for matters under those 
paragraphs relating to the grade and functions of the Chief 
of the National Guard Bureau. 
(2) REPORT.—In addition to the reports required under 
subsection (f) of the commission charter, the Commission shall 
submit to the Committee on Armed Services of the Senate 
and the Committee on Armed Services of the House of Rep-
resentatives an interim report, not later than March 1, 2007, 
specifically on the matters covered by paragraph (1). In such 
report, the Commission shall set forth its findings and any 
recommendations it considers appropriate with respect to those 
matters. 
(c) COMMISSION CHARTER DEFINED.—For purposes of this sec-
tion, the term ‘‘commission charter’’ means section 513 of the Ronald 
W. Reagan National Defense Authorization Act for Fiscal Year 
2005 (Public Law 108–375; 118 Stat. 1880). 
Subtitle C—Education and Training 
PART I—SERVICE ACADEMIES 
SEC. 531. EXPANSION OF SERVICE ACADEMY EXCHANGE PROGRAMS 
WITH FOREIGN MILITARY ACADEMIES. 
(a) UNITED STATES MILITARY ACADEMY.—
H. R. 5122—117
(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 paragraph (3) 
and all that follows in that paragraph and inserting ‘‘for 
the Academy and such additional 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 connection 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 paragraph (3) 
and all that follows in that paragraph and inserting ‘‘for 
the Academy and such additional 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 connection 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 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 paragraph (3) 
and all that follows in that paragraph and inserting ‘‘for 
the Academy and such additional 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 connection 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.’’. 
(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.
H. R. 5122—118
SEC. 532. REVISION AND CLARIFICATION OF REQUIREMENTS WITH 
RESPECT 
TO 
SURVEYS 
AND 
REPORTS 
CONCERNING 
SEXUAL HARASSMENT AND SEXUAL VIOLENCE AT THE 
SERVICE ACADEMIES. 
(a) CODIFICATION AND REVISION TO EXISTING REQUIREMENT FOR 
SERVICE ACADEMY POLICY ON SEXUAL HARASSMENT AND SEXUAL 
VIOLENCE.—
(1) UNITED
STATES
MILITARY
ACADEMY.—Chapter 403 of 
title 10, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 4361. Policy on sexual harassment and sexual violence 
‘‘(a) REQUIRED POLICY.—Under guidance prescribed by the Sec-
retary of Defense, the Secretary of the Army shall direct the Super-
intendent of the Academy to prescribe a policy on sexual harassment 
and sexual violence applicable to the cadets and other personnel 
of the Academy. 
‘‘(b) MATTERS TO BE SPECIFIED IN POLICY.—The policy on sexual 
harassment and sexual violence prescribed under this section shall 
include specification of the following: 
‘‘(1) Programs to promote awareness of the incidence of 
rape, acquaintance rape, and other sexual offenses of a criminal 
nature that involve cadets or other Academy personnel. 
‘‘(2) Procedures that a cadet should follow in the case 
of an occurrence of sexual harassment or sexual violence, 
including—
‘‘(A) if the cadet chooses to report an occurrence of 
sexual harassment or sexual violence, a specification of 
the person or persons to whom the alleged offense should 
be reported and the options for confidential reporting; 
‘‘(B) a specification of any other person whom the 
victim should contact; and 
‘‘(C) procedures on the preservation of evidence poten-
tially necessary for proof of criminal sexual assault. 
‘‘(3) Procedures for disciplinary action in cases of alleged 
criminal sexual assault involving a cadet or other Academy 
personnel. 
‘‘(4) Any other sanction authorized to be imposed in a 
substantiated case of sexual harassment or sexual violence 
involving a cadet or other Academy personnel in rape, acquaint-
ance rape, or any other criminal sexual offense, whether forcible 
or nonforcible. 
‘‘(5) Required training on the policy for all cadets and 
other Academy personnel, including the specific training 
required for personnel who process allegations of sexual harass-
ment or sexual violence involving Academy personnel. 
‘‘(c) ANNUAL
ASSESSMENT.—(1) The Secretary of Defense, 
through the Secretary of the Army, shall direct the Superintendent 
to conduct at the Academy during each Academy program year 
an assessment, to be administered by the Department of Defense, 
to determine the effectiveness of the policies, training, and proce-
dures of the Academy with respect to sexual harassment and sexual 
violence involving Academy personnel. 
‘‘(2) For the assessment at the Academy under paragraph (1) 
with respect to an Academy program year that begins in an odd-
numbered calendar year, the Secretary of the Army shall conduct
H. R. 5122—119
a survey, to be administered by the Department of Defense, of 
Academy personnel—
‘‘(A) to measure—
‘‘(i) the incidence, during that program year, of sexual 
harassment and sexual violence events, on or off the 
Academy reservation, that have been reported to officials 
of the Academy; and 
‘‘(ii) the incidence, during that program year, of sexual 
harassment and sexual violence events, on or off the 
Academy reservation, that have not been reported to offi-
cials of the Academy; and 
‘‘(B) to assess the perceptions of Academy personnel of—
‘‘(i) the policies, training, and procedures on sexual 
harassment and sexual violence involving Academy per-
sonnel; 
‘‘(ii) the enforcement of such policies; 
‘‘(iii) the incidence of sexual harassment and sexual 
violence involving Academy personnel; and 
‘‘(iv) any other issues relating to sexual harassment 
and sexual violence involving Academy personnel. 
‘‘(d) ANNUAL REPORT.—(1) The Secretary of the Army shall 
direct the Superintendent of the Academy to submit to the Secretary 
a report on sexual harassment and sexual violence involving cadets 
or other personnel at the Academy for each Academy program 
year. 
‘‘(2) Each report under paragraph (1) shall include, for the 
Academy program year covered by the report, the following: 
‘‘(A) The number of sexual assaults, rapes, and other sexual 
offenses involving cadets or other Academy personnel that have 
been reported to Academy officials during the program year 
and, of those reported cases, the number that have been 
substantiated. 
‘‘(B) The policies, procedures, and processes implemented 
by the Secretary of the Army and the leadership of the Academy 
in response to sexual harassment and sexual violence involving 
cadets or other Academy personnel during the program year. 
‘‘(C) A plan for the actions that are to be taken in the 
following Academy program year regarding prevention of and 
response to sexual harassment and sexual violence involving 
cadets or other Academy personnel. 
‘‘(3) Each report under paragraph (1) for an Academy program 
year that begins in an odd-numbered calendar year shall include 
the results of the survey conducted in that program year under 
subsection (c)(2). 
‘‘(4)(A) The Secretary of the Army shall transmit to the Sec-
retary of Defense, and to the Board of Visitors of the Academy, 
each report received by the Secretary under this subsection, together 
with the Secretary’s comments on the report. 
‘‘(B) The Secretary of Defense shall transmit each such report, 
together with the Secretary’s comments on the report, to the Com-
mittee on Armed Services of the Senate and the Committee on 
Armed Services of the House of Representatives.’’. 
(2) UNITED STATES NAVAL ACADEMY.—Chapter 603 of title 
10, United States Code, is amended by adding at the end 
the following new section:
H. R. 5122—120
‘‘§ 6980. Policy on sexual harassment and sexual violence 
‘‘(a) REQUIRED POLICY.—Under guidance prescribed by the Sec-
retary of Defense, the Secretary of the Navy shall direct the Super-
intendent of the Naval Academy to prescribe a policy on sexual 
harassment and sexual violence applicable to the midshipmen and 
other personnel of the Naval Academy. 
‘‘(b) MATTERS TO BE SPECIFIED IN POLICY.—The policy on sexual 
harassment and sexual violence prescribed under this section shall 
include specification of the following: 
‘‘(1) Programs to promote awareness of the incidence of 
rape, acquaintance rape, and other sexual offenses of a criminal 
nature that involve midshipmen or other Academy personnel. 
‘‘(2) Procedures that a midshipman should follow in the 
case of an occurrence of sexual harassment or sexual violence, 
including—
‘‘(A) if the midshipman chooses to report an occurrence 
of sexual harassment or sexual violence, a specification 
of the person or persons to whom the alleged offense should 
be reported and the options for confidential reporting; 
‘‘(B) a specification of any other person whom the 
victim should contact; and 
‘‘(C) procedures on the preservation of evidence poten-
tially necessary for proof of criminal sexual assault. 
‘‘(3) Procedures for disciplinary action in cases of alleged 
criminal sexual assault involving a midshipman or other 
Academy personnel. 
‘‘(4) Any other sanction authorized to be imposed in a 
substantiated case of sexual harassment or sexual violence 
involving a midshipman or other Academy personnel in rape, 
acquaintance rape, or any other criminal sexual offense, 
whether forcible or nonforcible. 
‘‘(5) Required training on the policy for all midshipmen 
and other Academy personnel, including the specific training 
required for personnel who process allegations of sexual harass-
ment or sexual violence involving Academy personnel. 
‘‘(c) ANNUAL
ASSESSMENT.—(1) The Secretary of Defense, 
through the Secretary of the Navy, shall direct the Superintendent 
to conduct at the Academy during each Academy program year 
an assessment, to be administered by the Department of Defense, 
to determine the effectiveness of the policies, training, and proce-
dures of the Academy with respect to sexual harassment and sexual 
violence involving Academy personnel. 
‘‘(2) For the assessment at the Academy under paragraph (1) 
with respect to an Academy program year that begins in an odd-
numbered calendar year, the Secretary of the Navy shall conduct 
a survey, to be administered by the Department of Defense, of 
Academy personnel—
‘‘(A) to measure—
‘‘(i) the incidence, during that program year, of sexual 
harassment and sexual violence events, on or off the 
Academy reservation, that have been reported to officials 
of the Academy; and 
‘‘(ii) the incidence, during that program year, of sexual 
harassment and sexual violence events, on or off the 
Academy reservation, that have not been reported to offi-
cials of the Academy; and 
‘‘(B) to assess the perceptions of Academy personnel of—
H. R. 5122—121
‘‘(i) the policies, training, and procedures on sexual 
harassment and sexual violence involving Academy per-
sonnel; 
‘‘(ii) the enforcement of such policies; 
‘‘(iii) the incidence of sexual harassment and sexual 
violence involving Academy personnel; and 
‘‘(iv) any other issues relating to sexual harassment 
and sexual violence involving Academy personnel. 
‘‘(d) ANNUAL REPORT.—(1) The Secretary of the Navy shall 
direct the Superintendent of the Naval Academy to submit to the 
Secretary a report on sexual harassment and sexual violence 
involving midshipmen or other personnel at the Academy for each 
Academy program year. 
‘‘(2) Each report under paragraph (1) shall include, for the 
Academy program year covered by the report, the following: 
‘‘(A) The number of sexual assaults, rapes, and other sexual 
offenses involving midshipmen or other Academy personnel 
that have been reported to Naval Academy officials during 
the program year and, of those reported cases, the number 
that have been substantiated. 
‘‘(B) The policies, procedures, and processes implemented 
by the Secretary of the Navy and the leadership of the Naval 
Academy in response to sexual harassment and sexual violence 
involving midshipmen or other Academy personnel during the 
program year. 
‘‘(C) A plan for the actions that are to be taken in the 
following Academy program year regarding prevention of and 
response to sexual harassment and sexual violence involving 
midshipmen or other Academy personnel. 
‘‘(3) Each report under paragraph (1) for an Academy program 
year that begins in an odd-numbered calendar year shall include 
the results of the survey conducted in that program year under 
subsection (c)(2). 
‘‘(4)(A) The Secretary of the Navy shall transmit to the Sec-
retary of Defense, and to the Board of Visitors of the Naval 
Academy, each report received by the Secretary under this sub-
section, together with the Secretary’s comments on the report. 
‘‘(B) The Secretary of Defense shall transmit each such report, 
together with the Secretary’s comments on the report, to the Com-
mittee on Armed Services of the Senate and the Committee on 
Armed Services of the House of Representatives.’’. 
(3) UNITED STATES AIR FORCE ACADEMY.—Chapter 903 of 
title 10, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 9361. Policy on sexual harassment and sexual violence 
‘‘(a) REQUIRED POLICY.—Under guidance prescribed by the Sec-
retary of Defense, the Secretary of the Air Force shall direct the 
Superintendent of the Academy to prescribe a policy on sexual 
harassment and sexual violence applicable to the cadets and other 
personnel of the Academy. 
‘‘(b) MATTERS TO BE SPECIFIED IN POLICY.—The policy on sexual 
harassment and sexual violence prescribed under this section shall 
include specification of the following: 
‘‘(1) Programs to promote awareness of the incidence of 
rape, acquaintance rape, and other sexual offenses of a criminal 
nature that involve cadets or other Academy personnel.
H. R. 5122—122
‘‘(2) Procedures that a cadet should follow in the case 
of an occurrence of sexual harassment or sexual violence, 
including—
‘‘(A) if the cadet chooses to report an occurrence of 
sexual harassment or sexual violence, a specification of 
the person or persons to whom the alleged offense should 
be reported and the options for confidential reporting; 
‘‘(B) a specification of any other person whom the 
victim should contact; and 
‘‘(C) procedures on the preservation of evidence poten-
tially necessary for proof of criminal sexual assault. 
‘‘(3) Procedures for disciplinary action in cases of alleged 
criminal sexual assault involving a cadet or other Academy 
personnel. 
‘‘(4) Any other sanction authorized to be imposed in a 
substantiated case of sexual harassment or sexual violence 
involving a cadet or other Academy personnel in rape, acquaint-
ance rape, or any other criminal sexual offense, whether forcible 
or nonforcible. 
‘‘(5) Required training on the policy for all cadets and 
other Academy personnel, including the specific training 
required for personnel who process allegations of sexual harass-
ment or sexual violence involving Academy personnel. 
‘‘(c) ANNUAL
ASSESSMENT.—(1) The Secretary of Defense, 
through the Secretary of the Air Force, shall direct the Super-
intendent to conduct at the Academy during each Academy program 
year an assessment, to be administered by the Department of 
Defense, to determine the effectiveness of the policies, training, 
and procedures of the Academy with respect to sexual harassment 
and sexual violence involving Academy personnel. 
‘‘(2) For the assessment at the Academy under paragraph (1) 
with respect to an Academy program year that begins in an odd-
numbered calendar year, the Secretary of the Air Force shall con-
duct a survey, to be administered by the Department of Defense, 
of Academy personnel—
‘‘(A) to measure—
‘‘(i) the incidence, during that program year, of sexual 
harassment and sexual violence events, on or off the 
Academy reservation, that have been reported to officials 
of the Academy; and 
‘‘(ii) the incidence, during that program year, of sexual 
harassment and sexual violence events, on or off the 
Academy reservation, that have not been reported to offi-
cials of the Academy; and 
‘‘(B) to assess the perceptions of Academy personnel of—
‘‘(i) the policies, training, and procedures on sexual 
harassment and sexual violence involving Academy per-
sonnel; 
‘‘(ii) the enforcement of such policies; 
‘‘(iii) the incidence of sexual harassment and sexual 
violence involving Academy personnel; and 
‘‘(iv) any other issues relating to sexual harassment 
and sexual violence involving Academy personnel. 
‘‘(d) ANNUAL REPORT.—(1) The Secretary of the Air Force shall 
direct the Superintendent of the Academy to submit to the Secretary 
a report on sexual harassment and sexual violence involving cadets
H. R. 5122—123
or other personnel at the Academy for each Academy program 
year. 
‘‘(2) Each report under paragraph (1) shall include, for the 
Academy program year covered by the report, the following: 
‘‘(A) The number of sexual assaults, rapes, and other sexual 
offenses involving cadets or other Academy personnel that have 
been reported to Academy officials during the program year 
and, of those reported cases, the number that have been 
substantiated. 
‘‘(B) The policies, procedures, and processes implemented 
by the Secretary of the Air Force and the leadership of the 
Academy in response to sexual harassment and sexual violence 
involving cadets or other Academy personnel during the pro-
gram year. 
‘‘(C) A plan for the actions that are to be taken in the 
following Academy program year regarding prevention of and 
response to sexual harassment and sexual violence involving 
cadets or other Academy personnel. 
‘‘(3) Each report under paragraph (1) for an Academy program 
year that begins in an odd-numbered calendar year shall include 
the results of the survey conducted in that program year under 
subsection (c)(2). 
‘‘(4)(A) The Secretary of the Air Force shall transmit to the 
Secretary of Defense, and to the Board of Visitors of the Academy, 
each report received by the Secretary under this subsection, together 
with the Secretary’s comments on the report. 
‘‘(B) The Secretary of Defense shall transmit each such report, 
together with the Secretary’s comments on the report, to the Com-
mittee on Armed Services of the Senate and the Committee on 
Armed Services of the House of Representatives.’’. 
(b) FURTHER INFORMATION FROM CADETS AND MIDSHIPMEN AT 
THE SERVICE ACADEMIES ON SEXUAL ASSAULT AND SEXUAL HARASS-
MENT ISSUES.—
(1) USE OF FOCUS GROUPS FOR YEARS WHEN SURVEY NOT 
REQUIRED.—In any year in which the Secretary of a military 
department is not required by law to conduct a survey at 
the service academy under the Secretary’s jurisdiction on mat-
ters relating to sexual assault and sexual harassment issues 
at that Academy, the Secretary shall provide for focus groups 
to be conducted at that Academy for the purposes of 
ascertaining information relating to sexual assault and sexual 
harassment issues at that Academy. 
(2) INCLUSION IN REPORT.—Information ascertained from 
a focus group conducted pursuant to paragraph (1) shall be 
included in the Secretary’s annual report to Congress on sexual 
harassment and sexual violence at the service academies. 
(3) SERVICE ACADEMIES.—For purposes of this subsection, 
the term ‘‘service academy’’ means the following: 
(A) The United States Military Academy. 
(B) The United States Naval Academy. 
(C) The United States Air Force Academy. 
(c) REPEAL OF PRIOR LAW.—Section 527 of the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 
Stat. 1469; 10 U.S.C. 4331 note) is repealed. 
(d) CLERICAL AMENDMENTS.—
H. R. 5122—124
(1) The table of sections at the beginning of chapter 403 
of title 10, United States Code, is amended by adding at the 
end the following new item:
‘‘4361. Policy on sexual harassment and sexual violence.’’.
(2) The table of sections at the beginning of chapter 603 
of such title is amended by adding at the end the following 
new item:
‘‘6980. Policy on sexual harassment and sexual violence.’’.
(3) The table of sections at the beginning of chapter 903 
of such title is amended by adding at the end the following 
new item:
‘‘9361. Policy on sexual harassment and sexual violence.’’.
SEC. 533. DEPARTMENT OF DEFENSE POLICY ON SERVICE ACADEMY 
AND ROTC GRADUATES SEEKING TO PARTICIPATE IN 
PROFESSIONAL SPORTS BEFORE COMPLETION OF THEIR 
ACTIVE-DUTY SERVICE OBLIGATIONS. 
(a) POLICY REQUIRED.—
(1) IN GENERAL.—Not later than July 1, 2007, the Secretary 
of Defense shall prescribe the policy of the Department of 
Defense on—
(A) whether to authorize graduates of the service acad-
emies and the Reserve Officers’ Training Corps to partici-
pate in professional sports before the completion of their 
obligations for service on active duty as commissioned offi-
cers; and 
(B) if so, the obligations for service on active duty 
as commissioned officers of such graduates who participate 
in professional sports before the satisfaction of the obliga-
tions referred to in subparagraph (A). 
(2) REVIEW
OF
CURRENT
POLICIES.—In prescribing the 
policy, the Secretary shall review current policies, practices, 
and regulations of the military departments on the obligations 
for service on active duty as commissioned officers of graduates 
of the service academies and the Reserve Officers’ Training 
Corps, including policies on authorized leaves of absence and 
policies under excess leave programs. 
(3) CONSIDERATIONS.—In prescribing the policy, the Sec-
retary shall take into account the following: 
(A) The compatibility of participation in professional 
sports (including training for professional sports) with 
service on active duty in the Armed Forces or as a member 
of a reserve component of the Armed Forces. 
(B) The benefits for the Armed Forces of waiving 
obligations for service on active duty for cadets, mid-
shipmen, and commissioned officers in order to permit such 
individuals to participate in professional sports. 
(C) The manner in which the military departments 
have resolved issues relating to the participation of per-
sonnel in professional sports, including the extent of and 
any reasons for, differences in the resolution of such issues 
by such departments. 
(D) The recoupment of the costs of education provided 
by the service academies or under the Reserve Officers’
H. R. 5122—125
Training Corps program if graduates of the service acad-
emies or the Reserve Officers’ Training Corps, as the case 
may be, do not complete the period of obligated service 
to which they have agreed by reason of participation in 
professional sports. 
(E) Any other matters that the Secretary considers 
appropriate. 
(b) ELEMENTS OF POLICY.—The policy prescribed under sub-
section (a) shall address the following matters: 
(1) The eligibility of graduates of the service academies 
and the Reserve Officers’ Training Corps for a reduction in 
the obligated length of service on active duty as a commissioned 
officer otherwise required of such graduates on the basis of 
their participation in professional sports. 
(2) Criteria for the treatment of an individual as a partici-
pant or potential participant in professional sports. 
(3) The effect on obligations for service on active duty 
as a commissioned officer of any unsatisfied obligations under 
prior enlistment contracts or other forms of advanced education 
assistance. 
(4) Any authorized variations in the policy that are war-
ranted by the distinctive requirements of a particular Armed 
Force. 
(5) The eligibility of individuals for medical discharge or 
disability benefits as a result of injuries incurred while partici-
pating in professional sports. 
(6) A prospective effective date for the policy and for the 
application of the policy to individuals serving on such effective 
date as a commissioned officer, cadet, or midshipman. 
(c) APPLICATION OF POLICY TO ARMED FORCES.—Not later than 
December 1, 2007, the Secretary of each military department shall 
prescribe regulations, or modify current regulations, in order to 
implement the policy prescribed by the Secretary of Defense under 
subsection (a) with respect to the Armed Forces under the jurisdic-
tion of such Secretary. 
PART II—SCHOLARSHIP AND FINANCIAL 
ASSISTANCE PROGRAMS 
SEC. 535. AUTHORITY TO PERMIT MEMBERS WHO PARTICIPATE IN 
THE GUARANTEED RESERVE FORCES DUTY SCHOLARSHIP 
PROGRAM TO PARTICIPATE IN THE HEALTH PROFESSIONS 
SCHOLARSHIP 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 section 2122 of this 
title,’’ after ‘‘military junior college,’’; and 
(2) by inserting ‘‘, or former cadet,’’ after ‘‘consent of the 
cadet’’ and after ‘‘submitted by the cadet’’. 
SEC. 536. DETAIL OF COMMISSIONED OFFICERS AS STUDENTS AT MED-
ICAL SCHOOLS. 
(a) IN GENERAL.—Chapter 101 of title 10, United States Code, 
is amended by inserting after section 2004 the following new section:
H. R. 5122—126
‘‘§ 2004a. Detail of commissioned officers as students at med-
ical schools 
‘‘(a) DETAIL
AUTHORIZED.—The Secretary of each military 
department may detail commissioned officers of the armed forces 
as students at accredited medical schools or schools of osteopathy 
located in the United States for a period of training leading to 
the degree of doctor of medicine. No more than 25 officers from 
each military department may commence such training in any 
single fiscal year. 
‘‘(b) ELIGIBILITY FOR DETAIL.—To be eligible for detail under 
subsection (a), an officer must be a citizen of the United States 
and must—
‘‘(1) have served on active duty for a period of not less 
than two years nor more than six years and be in the pay 
grade 0–3 or below as of the time the training is to begin; 
and 
‘‘(2) sign an agreement that unless sooner separated the 
officer will—
‘‘(A) complete the educational course of medical 
training; 
‘‘(B) accept transfer or detail as a medical officer within 
the military department concerned when the officer’s 
training is completed; and 
‘‘(C) agree to serve, following completion of the officer’s 
training, on active duty (or on active duty and in the 
Selected Reserve) for a period as specified pursuant to 
subsection (c). 
‘‘(c) SERVICE OBLIGATION.—An agreement under subsection (c) 
shall provide that the officer shall serve on active duty for two 
years for each year or part thereof of the officer’s medical training 
under subsection (a), except that the agreement may authorize 
the officer to serve a portion of the officer’s service obligation 
on active duty and to complete the service obligation that remains 
upon separation from active duty in the Selected Reserve, in which 
case the officer shall serve three years in the Selected Reserve 
for each year or part thereof of the officer’s medical training under 
subsection (a) for any service obligation that was not completed 
before separation from active duty. 
‘‘(d) SELECTION
OF OFFICERS
FOR DETAIL.—Officers detailed 
for medical training under subsection (a) shall be selected on a 
competitive basis by the Secretary of the military department con-
cerned. 
‘‘(e) RELATION
OF SERVICE OBLIGATIONS
TO OTHER SERVICE 
OBLIGATIONS.—Any service obligation incurred by an officer under 
an agreement entered into under subsection (b) shall be in addition 
to any service obligation incurred by the officer under any other 
provision of law or agreement. 
‘‘(f) EXPENSES.—Expenses incident to the detail of officers under 
this section shall be paid from any funds appropriated for the 
military department concerned. 
‘‘(g) FAILURE TO COMPLETE PROGRAM.—(1) An officer who is 
dropped from a program of medical training to which detailed 
under subsection (a) for deficiency in conduct or studies, or for 
other reasons, may be required to perform active duty in an appro-
priate military capacity in accordance with the active duty obliga-
tion imposed on the officer under regulations issued by the Secretary 
of Defense for purposes of this section.
H. R. 5122—127
‘‘(2) In no case shall an officer be required to serve on active 
duty under paragraph (1) for any period in excess of one year 
for each year or part thereof the officer participated in the program. 
‘‘(h) LIMITATION ON DETAILS.—No agreement detailing an officer 
of the armed forces to an accredited medical school or school of 
osteopathy may be entered into during any period in which the 
President is authorized by law to induct persons into the armed 
forces involuntarily. Nothing in this subsection shall affect any 
agreement entered into during any period when the President is 
not authorized by law to so induct persons into the armed forces’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 2004 the following new item:
‘‘2004a. Detail of commissioned officers as students at medical schools.’’.
SEC. 537. INCREASE IN MAXIMUM AMOUNT OF REPAYMENT UNDER 
EDUCATION LOAN REPAYMENT FOR OFFICERS IN SPECI-
FIED HEALTH PROFESSIONS. 
(a) INCREASE IN MAXIMUM AMOUNT.—Section 2173(e)(2) of title 
10, United States Code, is amended by striking ‘‘$22,000’’ and 
inserting ‘‘$60,000’’. 
(b) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendment made by subsection (a) 
shall take effect on October 1, 2006, and shall apply to agree-
ments entered into or revised under section 2173 of title 10, 
United States Code, on or after that date. 
(2) 
PROHIBITION
ON
ADJUSTMENT.—The 
adjustment 
required by the second sentence of section 2173(e)(2) of title 
10, United States Code, to be made on October 1, 2006, shall 
not be made. 
SEC. 538. HEALTH PROFESSIONS SCHOLARSHIP AND FINANCIAL 
ASSISTANCE PROGRAM FOR ACTIVE SERVICE. 
(a) MAXIMUM STIPEND AMOUNT.—Section 2121(d) of title 10, 
United States Code, is amended—
(1) by striking ‘‘at the rate of $579 per month’’ and inserting 
‘‘at a monthly rate established by the Secretary of Defense, 
but not to exceed a total of $30,000 per year’’; and 
(2) by striking ‘‘That rate’’ and inserting ‘‘The maximum 
annual amount of the stipend’’. 
(b) MAXIMUM ANNUAL GRANT.—Section 2127(e) of such title 
is amended—
(1) by striking ‘‘$15,000’’ and inserting ‘‘in an amount not 
to exceed $45,000’’; and 
(2) by striking ‘‘The amount’’ and inserting ‘‘The maximum 
amount’’. 
(c) REPORT ON PROGRAM.—Not later than March 1, 2007, the 
Secretary of Defense shall submit to the Congress a report on 
the Health Professions Scholarship and Financial Assistance Pro-
gram for Active Service under subchapter I of chapter 105 of title 
10, United States Code. The report shall include the following: 
(1) An assessment of the success of each military depart-
ment in achieving its recruiting goals under the program during 
each of fiscal years 2000 through 2006. 
(2) If any military department failed to achieve its 
recruiting goals under the program during any fiscal year cov-
ered by paragraph (1), an explanation of the failure of the
H. R. 5122—128
military department to achieve such goal during such fiscal 
year. 
(3) An assessment of the adequacy of the stipend authorized 
by section 2121(d) of title 10, United States Code, in meeting 
the objectives of the program. 
(4) Such recommendations for legislative or administrative 
action as the Secretary considers appropriate to enhance the 
effectiveness of the program in meeting the annual recruiting 
goals of the military departments for medical personnel covered 
by the program. 
(d) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by this section 
shall take effect on October 1, 2006. 
(2) PROHIBITION
ON
ADJUSTMENTS.—The adjustments 
required by the second sentence of subsection (d) of section 
2121 of title 10, United States Code, and the second sentence 
of subsection (e) of section 2127 of such title to be made in 
2007 shall not be made. 
PART III—JUNIOR ROTC PROGRAM 
SEC. 539. JUNIOR RESERVE OFFICERS’ TRAINING CORPS INSTRUCTOR 
QUALIFICATIONS. 
(a) IN GENERAL.—Chapter 102 of title 10, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 2033. Instructor qualifications 
‘‘(a) IN GENERAL.—In order for a retired officer or noncommis-
sioned officer to be employed as an instructor in the program, 
the officer must be certified by the Secretary of the military depart-
ment concerned as a qualified instructor in leadership, wellness 
and fitness, civics, and other courses related to the content of 
the program, according to the qualifications set forth in subsection 
(b)(2) or (c)(2), as appropriate. 
‘‘(b) SENIOR MILITARY INSTRUCTORS.—
‘‘(1) ROLE.—Senior military instructors shall be retired offi-
cers of the armed forces and shall serve as instructional leaders 
who oversee the program. 
‘‘(2) QUALIFICATIONS.—A senior military instructor shall 
have the following qualifications: 
‘‘(A) Professional military qualification, as determined 
by the Secretary of the military department concerned. 
‘‘(B) Award of a baccalaureate degree from an institu-
tion of higher learning. 
‘‘(C) Completion of secondary education teaching certifi-
cation requirements for the program as established by the 
Secretary of the military department concerned. 
‘‘(D) Award of an advanced certification by the Sec-
retary of the military department concerned in core content 
areas based on—
‘‘(i) accumulated points for professional activities, 
services to the profession, awards, and recognitions; 
‘‘(ii) professional development to meet content 
knowledge and instructional skills; and 
‘‘(iii) performance evaluation of competencies and 
standards within the program through site visits and 
inspections.
H. R. 5122—129
‘‘(c) NON-SENIOR MILITARY INSTRUCTORS.—
‘‘(1) ROLE.—Non-senior military instructors shall be retired 
noncommissioned officers of the armed forces and shall serve 
as instructional leaders and teach independently of, but share 
program responsibilities with, senior military instructors. 
‘‘(2) QUALIFICATIONS.—A non-senior military instructor 
shall demonstrate a depth of experience, proficiency, and exper-
tise in coaching, mentoring, and practical arts in executing 
the program, and shall have the following qualifications: 
‘‘(A) Professional military qualification, as determined 
by the Secretary of the military department concerned. 
‘‘(B) Award of an associates degree from an institution 
of higher learning within five years of employment. 
‘‘(C) Completion of secondary education teaching certifi-
cation requirements for the program as established by the 
Secretary of the military department concerned. 
‘‘(D) Award of an advanced certification by the Sec-
retary of the military department concerned in core content 
areas based on—
‘‘(i) accumulated points for professional activities, 
services to the profession, awards, and recognitions; 
‘‘(ii) professional development to meet content 
knowledge and instructional skills; and 
‘‘(iii) performance evaluation of competencies and 
standards within the program through site visits and 
inspections.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item:
‘‘2033. Instructor qualifications.’’.
SEC. 540. EXPANSION OF MEMBERS ELIGIBLE TO BE EMPLOYED TO 
PROVIDE JUNIOR RESERVE OFFICERS’ TRAINING CORPS 
INSTRUCTION. 
(a) ELIGIBILITY OF ‘‘GRAY-AREA’’ GUARD AND RESERVE MEM-
BERS.—Section 2031 of title 10, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(e) Instead of, or in addition to, detailing officers and non-
commissioned officers on active duty under subsection (c)(1) and 
authorizing the employment of retired officers and noncommissioned 
officers who are in receipt of retired pay and members of the 
Fleet Reserve and Fleet Marine Corps Reserve under subsection 
(d), the Secretary of the military department concerned may 
authorize qualified institutions to employ as administrators and 
instructors in the program officers and noncommissioned officers 
who are under 60 years of age and who, but for age, would be 
eligible for retired pay for non-regular service under section 12731 
of this title and whose qualifications are approved by the Secretary 
and the institution concerned and who request such employment, 
subject to the following: 
‘‘(1) The Secretary concerned shall pay to the institution 
an amount equal to one-half of the amount paid to the member 
by the institution for any period, up to a maximum of one-
half of the difference between—
‘‘(A) the retired or retainer pay for an active duty 
officer or noncommissioned officer of the same grade and 
years of service for such period; and