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(7) The assessment of each of the Chief of the 
National Guard Bureau and the Chief of the Army 
Reserve of each of the items described in paragraphs 
(1) through (6). 
(c) LIMITATION ON FUNDS FOR FUTURE COMBAT 
SYSTEMS.—Of the funds appropriated for the Army for 
any fiscal year after fiscal year 2007, not more than 
$2,850,000,000 may be expended for the Future Combat 
Systems until the funding priorities in subsection (a) are 
met for that fiscal year. 
(d) USE OF EXCESS FUNDS FOR FUTURE COMBAT 
SYSTEMS.—Any funds appropriated for the Future Com-
bat Systems for any fiscal year not expended in accord-
ance with subsection (c) shall be used for programs speci-
fied in subsection (a). 
(e) EXCEPTION FOR NON-LINE-OF-SIGHT CANNON 
SYSTEM.—This section does not apply with respect to the 
obligation of funds for systems development and dem-
onstration of the non-line-of-sight cannon system. 
TITLE IV—MILITARY 
PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent active duty end strength minimum levels. 
Sec. 403. Additional authority for increases of Army and Marine Corps active 
duty end strengths for fiscal years 2008 and 2009. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
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Sec. 412. End strengths for Reserves on active duty in support of the reserve 
components. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2007 limitation on number of non-dual status technicians. 
Sec. 415. Maximum number of reserve personnel authorized to be on active 
duty for operational support. 
Subtitle C—Authorization of Appropriations 
Sec. 421. Military personnel. 
Sec. 422. Armed Forces Retirement Home. 
Subtitle A—Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
(a) IN GENERAL.—The Armed Forces are authorized 
strengths for active duty personnel as of September 30, 
2007, as follows: 
(1) The Army, 512,400. 
(2) The Navy, 340,700. 
(3) The Marine Corps, 180,000. 
(4) The Air Force, 334,200. 
(b) LIMITATION.— 
(1) ARMY.—The authorized strength for the 
Army provided in paragraph (1) of subsection (a) 
for active duty personnel for fiscal year 2007 is sub-
ject to the condition that costs of active duty per-
sonnel of the Army for that fiscal year in excess of 
482,400 shall be paid out of funds authorized to be 
appropriated for that fiscal year for a contingent 
emergency reserve fund or as an emergency supple-
mental appropriation. 
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(2) MARINE CORPS.—The authorized strength 
for the Marine Corps provided in paragraph (3) of 
subsection (a) for active duty personnel for fiscal 
year 2007 is subject to the condition that costs of 
active duty personnel of the Marine Corps for that 
fiscal year in excess of 175,000 shall be paid out of 
funds authorized to be appropriated for that fiscal 
year for a contingent emergency reserve fund or as 
an emergency supplemental appropriation. 
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END 
STRENGTH MINIMUM LEVELS. 
Section 691(b) of title 10, United States Code, is 
amended by striking paragraphs (1) through (4) and in-
serting the following: 
‘‘(1) For the Army, 504,400. 
‘‘(2) For the Navy, 340,700. 
‘‘(3) For the Marine Corps, 180,000. 
‘‘(4) For the Air Force, 334,200.’’. 
SEC. 403. ADDITIONAL AUTHORITY FOR INCREASES OF 
ARMY AND MARINE CORPS ACTIVE DUTY END 
STRENGTHS FOR FISCAL YEARS 2008 AND 
2009. 
Effective October 1, 2007, the text of section 403 of 
the Ronald W. Reagan National Defense Authorization 
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Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 
1863) is amended to read as follows: 
‘‘(a) AUTHORITY.— 
‘‘(1) ARMY.—For each of fiscal years 2008 and 
2009, the Secretary of Defense may, as the Sec-
retary determines necessary for the purposes speci-
fied in paragraph (3), establish the active-duty end 
strength for the Army at a number greater than the 
number otherwise authorized by law up to the num-
ber equal to the fiscal-year 2007 baseline plus 
20,000. 
‘‘(2) MARINE CORPS.—For each of fiscal years 
2008 and 2009, the Secretary of Defense may, as 
the Secretary determines necessary for the purposes 
specified in paragraph (3), establish the active-duty 
end strength for the Marine Corps at a number 
greater than the number otherwise authorized by law 
up to the number equal to the fiscal-year 2007 base-
line plus 4,000. 
‘‘(3) PURPOSE OF INCREASES.—The purposes 
for which increases may be made in Army and Ma-
rine Corps active duty end strengths under para-
graphs (1) and (2) are— 
‘‘(A) to support operational missions; and 
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‘‘(B) to achieve transformational reorga-
nization objectives, including objectives for in-
creased numbers of combat brigades and battal-
ions, increased unit manning, force stabilization 
and shaping, and rebalancing of the active and 
reserve component forces. 
‘‘(4) FISCAL-YEAR
2007
BASELINE.—In this 
subsection, the term ‘fiscal-year 2007 baseline’, with 
respect to the Army and Marine Corps, means the 
active-duty end strength authorized for those serv-
ices in section 401 of the National Defense Author-
ization Act for Fiscal Year 2007. 
‘‘(5) ACTIVE-DUTY
END
STRENGTH.—In this 
subsection, the term ‘active-duty end strength’ 
means the strength for active-duty personnel of one 
of the Armed Forces as of the last day of a fiscal 
year. 
‘‘(b) RELATIONSHIP TO PRESIDENTIAL WAIVER AU-
THORITY.—Nothing in this section shall be construed to 
limit the President’s authority under section 123a of title 
10, United States Code, to waive any statutory end 
strength in a time of war or national emergency. 
‘‘(c) RELATIONSHIP TO OTHER VARIANCE AUTHOR-
ITY.—The authority under subsection (a) is in addition 
to the authority to vary authorized end strengths that is 
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HR 5122 PCS 
provided in subsections (e) and (f) of section 115 of title 
10, United States Code. 
‘‘(d) BUDGET TREATMENT.— 
‘‘(1) FISCAL YEAR 2008 BUDGET.—The budget 
for the Department of Defense for fiscal year 2008 
as submitted to Congress shall comply, with respect 
to funding, with subsections (c) and (d) of section 
691 of title 10, United States Code. 
‘‘(2) OTHER INCREASES.—If the Secretary of 
Defense plans to increase the Army or Marine Corps 
active duty end strength for a fiscal year under sub-
section (a), then the budget for the Department of 
Defense for that fiscal year as submitted to Con-
gress shall include the amounts necessary for fund-
ing that active duty end strength in excess of the fis-
cal year 2007 active duty end strength authorized 
for that service under section 401 of the National 
Defense Authorization Act for Fiscal Year 2007.’’. 
Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL.—The Armed Forces are authorized 
strengths for Selected Reserve personnel of the reserve 
components as of September 30, 2007, as follows: 
(1) The Army National Guard of the United 
States, 350,000. 
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(2) The Army Reserve, 200,000. 
(3) The Navy Reserve, 71,300. 
(4) The Marine Corps Reserve, 39,600. 
(5) The Air National Guard of the United 
States, 107,000. 
(6) The Air Force Reserve, 74,900. 
(7) The Coast Guard Reserve, 10,000. 
(b) ADJUSTMENTS.—The end strengths prescribed by 
subsection (a) for the Selected Reserve of any reserve com-
ponent shall be proportionately reduced by— 
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of 
such component which are on active duty (other 
than for training) at the end of the fiscal year; and 
(2) the total number of individual members not 
in units organized to serve as units of the Selected 
Reserve of such component who are on active duty 
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end 
of the fiscal year. 
Whenever such units or such individual members are re-
leased from active duty during any fiscal year, the end 
strength prescribed for such fiscal year for the Selected 
Reserve of such reserve component shall be increased pro-
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HR 5122 PCS 
portionately by the total authorized strengths of such 
units and by the total number of such individual members. 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 
DUTY IN SUPPORT OF THE RESERVE COMPO-
NENTS. 
Within the end strengths prescribed in section 
411(a), the reserve components of the Armed Forces are 
authorized, as of September 30, 2007, the following num-
ber of Reserves to be serving on full-time active duty or 
full-time duty, in the case of members of the National 
Guard, for the purpose of organizing, administering, re-
cruiting, 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 re-
serve components of the Army and the Air Force (notwith-
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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. 
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 
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HR 5122 PCS 
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. 
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 
support 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. 
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HR 5122 PCS 
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 authoriza-
tion of appropriations (definite or indefinite) for such pur-
pose for fiscal year 2007. 
SEC. 422. ARMED FORCES RETIREMENT HOME. 
There is hereby authorized to be appropriated for fis-
cal 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. 
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HR 5122 PCS 
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 re-
serve forces duty scholarship program to participate in the 
health professions 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 mili-
tary academies. 
Sec. 525. Review of legal status of Junior ROTC program. 
Sec. 526. Special operations fellowships. 
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 Serv-
ices Vocational Aptitude Battery (ASVAB) and Armed Forces 
Qualification Test (AFQT). 
Sec. 532. Nondisclosure of selection board proceedings. 
Sec. 533. Report on extent of provision of timely notice of long-term deploy-
ments. 
Sec. 534. Report on using six-month deployments for Operation Enduring 
Freedom and Operation Iraqi Freedom. 
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 
instruction 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 de-
ceased 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 
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HR 5122 PCS 
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 Depart-
ment of Defense. 
Subtitle H—Assistance to Local Educational Agencies for Defense 
Dependents Education 
Sec. 571. Continuation of authority to assist local educational agencies that 
benefit dependents of members of the Armed Forces and De-
partment of Defense civilian employees. 
Sec. 572. Enrollment in defense dependents’ education system of dependents of 
foreign military members assigned to Supreme Headquarters 
Allied 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. 
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. 
Sec. 595. Inclusion in annual Department of Defense report on sexual assaults 
of information on results of disciplinary actions. 
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HR 5122 PCS 
Subtitle A—Officer Personnel 
Policy 
SEC. 501. AUTHORIZED STRENGTH OF NAVY RESERVE FLAG 
OFFICERS. 
(a) SIMPLIFICATION OF COUNTING OF NAVY RE-
SERVE 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 insert-
ing ‘‘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 Code, is amended by striking ‘‘brigadier general’’ 
in the second sentence and inserting ‘‘major general’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the occur-
rence of the next vacancy in the position of Assistant Sur-
geon General for Dental Services in the Air Force that 
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HR 5122 PCS 
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 con-
tinuation on active duty by a selection board con-
vened 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 of-
ficer is selected for continuation on active duty by 
the Secretary concerned under such procedures as 
the Secretary may prescribe.’’. 
(b) MANDATORY RETIREMENT
FOR LENGTH
OF 
SERVICE.—Section 1305(a) of such title is amended— 
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HR 5122 PCS 
(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 
preceding 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 appoint-
ment’’. 
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: 
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HR 5122 PCS 
‘‘(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 con-
trol by the Secretary of Defense or any other officer 
or employee of the Department of Defense, except as 
directed by the Secretary of Defense concerning re-
assignment 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 
authorized 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 
officer may be excluded from those limitation while so 
serving.’’; 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 
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HR 5122 PCS 
officer 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 
assigned to a position covered by this section shall, while 
serving 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 Intel-
ligence Agency (for an officer serving in a position within 
the Central Intelligence Agency) or from funds available 
to the Director 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).’’. 
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HR 5122 PCS 
(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 fol-
lows: 
‘‘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 fur-
ther amended— 
(1) in subsection (b)— 
(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 
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HR 5122 PCS 
(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 
amended— 
(1) by redesignating subsection (i) as subsection 
(j); and 
(2) by inserting after subsection (h) the fol-
lowing 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-
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 
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HR 5122 PCS 
national security and military requirements will rea-
sonably allow; 
‘‘(B) the frequency of assignments during serv-
ice career; 
‘‘(C) family responsibilities; and 
‘‘(D) employment necessary to maintain the na-
tional health, safety, or interest. 
‘‘(2) The Secretary of Defense shall prescribe such 
policies and procedures as the Secretary considers nec-
essary to carry out this subsection.’’. 
SEC. 512. MILITARY RETIREMENT CREDIT FOR CERTAIN 
SERVICE BY NATIONAL GUARD MEMBERS 
PERFORMED WHILE IN A STATE DUTY STA-
TUS IMMEDIATELY AFTER THE TERRORIST 
ATTACKS 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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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 Com-
mittee 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 reserve components. 
(c) CONSTRUCTIVE TERMINATION.—In this section, 
the term ‘‘constructive termination’’ means the voluntary 
resignation of an employee because of working conditions 
the employee finds unbearable. 
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Subtitle C—Education and 
Training 
SEC. 521. AUTHORITY TO PERMIT MEMBERS WHO PARTICI-
PATE 
IN 
THE 
GUARANTEED 
RESERVE 
FORCES DUTY SCHOLARSHIP PROGRAM TO 
PARTICIPATE IN THE HEALTH PROFESSIONS 
SCHOLARSHIP PROGRAM AND SERVE ON AC-
TIVE 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 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 
INSTRUCTION ELIGIBILITY EXPANSION. 
Section 2031 of title 10, United States Code, is 
amended— 
(1) in subsection (d)(1), by inserting ‘‘who are 
receiving retired or retainer pay,’’ after ‘‘Fleet Ma-
rine Corps Reserve,’’; and 
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HR 5122 PCS 
(2) by adding at the end the following new sub-
section (e): 
‘‘(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 Re-
serve or Fleet Marine Corps Reserve under subsection (d), 
the Secretary of the military department concerned may 
authorize qualified institutions to employ as administra-
tors and instructors in the program, retired officers and 
noncommissioned officers who qualify for retired pay for 
nonregular 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 
contracted individually and determined by the Sec-
retary of the military department concerned. The 
Secretary may pay the institution an amount the 
Secretary determined to be appropriate, but the 
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amount may not be more than the amount that 
would be paid on behalf of an equivalent retiree or 
member of the Fleet Reserve or Fleet Marine Corps 
Reserve under the provisions of subsection (d)(1). 
The Secretary may continue to pay individuals em-
ployed under this subsection pre-determined com-
pensation packages, even after they reach the age of 
60. Payments by the Secretary 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 
ACADEMY AND UNITED STATES AIR FORCE 
ACADEMY PERMANENT MILITARY PROFES-
SORS 
TO 
ASSUME 
COMMAND 
POSITIONS 
WHILE ON PERIODS 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 
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HR 5122 PCS 
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.’’. 
(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 as-
signed.’’. 
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— 
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HR 5122 PCS 
(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 Acad-
emy from a source other than appropriated 
funds to support cultural immersion, regional 
awareness, or foreign language training activi-
ties in connection with the exchange program.’’; 
and 
(B) by adding at the end the following new 
paragraph: 
‘‘(4) Expenditures in support of the exchange pro-
gram 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 Acad-
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HR 5122 PCS 
emy from a source other than appropriated 
funds to support cultural immersion, regional 
awareness, or foreign language training activi-
ties in connection with the exchange program.’’; 
and 
(B) by adding at the end the following new 
paragraph: 
‘‘(4) Expenditures in support of the exchange pro-
gram 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 Acad-
emy from a source other than appropriated 
funds to support cultural immersion, regional 
awareness, or foreign language training activi-
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HR 5122 PCS 
ties in connection with the exchange program.’’; 
and 
(B) by adding at the end the following new 
paragraph: 
‘‘(4) Expenditures in support of the exchange pro-
gram 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 enact-
ment 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 con-
duct a review of the 1976 legal opinion issued by the Gen-
eral Counsel of the Department of Defense regarding in-
struction of non-host unit students participating in Junior 
Reserve Officers’ Training Corps programs. The review 
shall consider whether changes to law after the issuance 
of that opinion allow in certain circumstances for the ar-
rangement 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 pur-
poses of the Junior Reserve Officers’ Training Corps pro-
gram as an authorized arrangement that enhances admin-
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HR 5122 PCS 
istrative efficiency in the management of the program. If 
the Secretary, as a result of the review, determines that 
such authority is not available, the Secretary should also 
consider whether such authority should be available and 
whether there should be authority to waive the restrictions 
under certain circumstances. 
(b) REPORT.—The Secretary shall submit to the 
Committee on Armed Services of the Senate and the Com-
mittee 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 
another educational institutional with more than 70 stu-
dents and has been providing for the assignment of in-
structors from one school to the other may continue to 
provide such support until 180 days following receipt of 
the report under subsection (b). 
SEC. 526. SPECIAL OPERATIONS FELLOWSHIPS. 
(a) FELLOWSHIPS.—The Secretary of Defense shall 
prescribe regulations under which the Assistant Secretary 
of Defense for Special Operations and Low Intensity Con-
flict may award a fellowship to an eligible person, as de-
scribed in subsection (b), in a discipline determined by the 
Assistant Secretary. The authority to award any amount 
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HR 5122 PCS 
of funds to any person as a fellowship under this section 
is subject to the availability of funds for that purpose. 
(b) ELIGIBLE PERSON.—A person eligible for a fel-
lowship under this section is a citizen or national of the 
United States who is enrolled in or is eligible to enroll 
in a program of education leading toward the completion 
of a masters degree or a doctoral degree. 
(c) FELLOWSHIP REQUIREMENTS.— 
(1) DOCTORAL
DEGREE
STUDENTS.—The re-
cipient of a fellowship who is a student enrolled in 
a program of education leading toward the comple-
tion of a doctoral degree shall agree to prepare a 
doctoral dissertation in a subject area with military 
relevance that is approved by the Assistant Sec-
retary. 
(2) MASTERS DEGREE STUDENTS.—The recipi-
ent of a fellowship who is a student enrolled in a 
program of education leading toward the completion 
of a masters degree shall agree to concentrate the 
masters degree on a subject area with military rel-
evance that is approved by the Assistant Secretary. 
(d) REGULATIONS.—The regulations required to be 
prescribed under this section shall include each of the fol-
lowing: 
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HR 5122 PCS 
(1) The criteria for the award of fellowships 
under this section. 
(2) The procedure for selecting recipients of 
such fellowships. 
(3) The basis for determining the amount a fel-
lowship recipient will receive. 
(4) The total amount that may be used to 
award fellowships during an academic year. 
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 APTI-
TUDE BATTERY (ASVAB) AND ARMED FORCES 
QUALIFICATION 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 
military recruit qualification testing that better reflect the 
full potential of those recruit candidates in terms of apti-
tude and mental category. The test shall be conducted 
through the Secretaries of the Army, Navy and Air Force. 
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HR 5122 PCS 
(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 
preparation guides assessed shall test both written formats 
and self-paced computer-assisted programs. Education 
programs assessed may test both self-study textbook and 
computer-assisted courses and instructor-led courses. 
(c) OBJECTIVES.—The objectives of the test are to 
determine 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 
will not receive test preparation assistance and will serve 
as a control group for the test. Data from recruit can-
didates participating in the test and data from recruit can-
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didates in the control group shall be compared in terms 
of both (1) test performance, and (2) subsequent duty per-
formance 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 
enactment 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 following entry on active duty. The last partici-
pant 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 assess-
ment of the last identified participant in the test, the Sec-
retary of Defense shall submit to the Committee on Armed 
Services in the Senate and the Committee on Armed Serv-
ices of the House of Representatives a report providing 
the findings of the Secretary with respect to each of the 
objectives specified in subsection (c) and the Secretary’s 
recommendations. 
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HR 5122 PCS 
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 amended by inserting after section 613 the 
following new section: 
‘‘§ 613a. Nondisclosure of board proceedings 
‘‘(a) NONDISCLOSURE.—The proceedings of a selec-
tion board convened under section 611 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 
action, suit, or judicial or administrative proceeding 
without the consent of the Secretary of the military 
department concerned. 
‘‘(c) APPLICABILITY.—The section shall apply with 
respect to the proceedings of all selection boards convened 
under section 611 of this title, including selection boards 
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HR 5122 PCS 
convened before the date of the enactment of this sec-
tion.’’. 
(2) CONFORMING
AMENDMENT.—Section 618 
of such title is amended by striking subsection (f). 
(b) RESERVE SELECTION BOARD PROCEEDINGS.— 
Section 14104 of such title is amended to read as follows: 
‘‘§ 14104. Nondisclosure of board proceedings 
‘‘(a) NONDISCLOSURE.—The proceedings of a selec-
tion 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 
action, suit, or judicial or administrative proceeding 
without the consent of the Secretary of the military 
department concerned. 
‘‘(c) APPLICABILITY.—The section shall apply with 
respect 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.’’. 
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(c) CLERICAL AMENDMENTS.— 
(1) The table of sections at the beginning of 
subchapter I of chapter 36 of such title is amended 
by inserting after the item relating to section 613 
the following 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 De-
fense 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 with-
in each service by reserve component and active compo-
nent) who, since September 11, 2001, have not received 
at least 30 days notice (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 degree of compliance (or noncompliance) 
with Department of Defense policy concerning the amount 
of notice to be provided before long-term mobilizations or 
deployments. 
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HR 5122 PCS 
SEC. 534. REPORT ON USING SIX-MONTH DEPLOYMENTS 
FOR OPERATION ENDURING FREEDOM AND 
OPERATION IRAQI FREEDOM. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Secretary of the Army should continue to 
further evaluate and consider— 
(1) the potential benefits of converting to six- 
month overseas deployments for members of the 
Army, including members of the Army National 
Guard and the Army Reserve, in connection with 
Operation Enduring Freedom and Operation Iraqi 
Freedom; and 
(2) the potential impacts of such reduced de-
ployment periods on morale, recruiting, retention, 
readiness, and the conduct of military operations. 
(b) REPORT REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of the Army shall submit to Congress a report con-
taining— 
(1) the results of any surveys conducted with 
soldiers and their dependents by the Department of 
the Army regarding the proposal to reduce deploy-
ment times for members of the Army in connection 
with Operation Enduring Freedom and Operation 
Iraqi Freedom to a maximum of six months; 
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HR 5122 PCS 
(2) potential plans for the Department to im-
plement such reduced deployment times; 
(3) a discussion of potential benefits associated 
with implementation of such reduced deployment 
times, such as improved members and family morale 
and increased recruiting and retention; and 
(4) a discussion of potential drawbacks associ-
ated with implementation of such reduced deploy-
ment times, such as impacts on readiness, the con-
duct of operations, and forecasted additional costs. 
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 
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 
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HR 5122 PCS 
(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. 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 Re-
serve duty organizing, administering, recruiting, instruct-
ing, or training the reserve components. 
‘‘(2) A Reserve ordered to active duty under para-
graph (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. 
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HR 5122 PCS 
‘‘(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 as-
signed in whole or in part to the reserve compo-
nents. 
‘‘(2) Supporting operations or missions per-
formed 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 compo-
nent 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 unified 
combatant command regarding reserve component 
matters. 
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