124
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.’’.
125
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.
126
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
127
(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
128
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
129
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—
130
(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-
131
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-
132
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-
133
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
134
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:
135
(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.
136
(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-
137
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.
138
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
139
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.’’.
140
(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.
141
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;
142
(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
143
(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.
144
‘‘(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.
145
‘‘(4) Instructing or training in the United 
States or the Commonwealth of Puerto Rico or pos-
sessions of the United States of—
‘‘(A) active-duty members of the armed 
forces; 
‘‘(B) members of foreign military forces 
(under the same authorities and restrictions ap-
plicable to active-duty members providing such 
instruction or training); 
‘‘(C) Department of Defense contractor 
personnel; or 
‘‘(D) Department of Defense civilian em-
ployees.’’. 
(b) MILITARY TECHNICIANS UNDER TITLE 10.—
Section 10216(a) of such title is amended—
(1) in paragraph (1)(C), by striking ‘‘adminis-
tration and’’ and inserting ‘‘organizing, admin-
istering, instructing, or’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(3) A military technician (dual status) who is em-
ployed under section 3101 of title 5 may perform the fol-
lowing duties in addition to (and not in lieu of) those pri-
mary duties described in paragraph (1):
146
‘‘(A) Supporting operations or missions as-
signed in whole or in part to the technician’s unit; 
‘‘(B) Supporting operations or missions per-
formed or to be performed by—
‘‘(i) a unit composed of elements from 
more than one component of the technician’s 
armed force; or 
‘‘(ii) a joint forces unit that includes—
‘‘(I) one or more units of the techni-
cian’s component; or 
‘‘(II) a member of the technician’s 
component whose reserve component as-
signment is in a position in an element of 
the joint forces unit. 
‘‘(C) Instructing or training in the United 
States or the Commonwealth of Puerto Rico or pos-
sessions of the United States of—
‘‘(i) active-duty members of the armed 
forces; 
‘‘(ii) members of foreign military forces 
(under the same authorities and restrictions ap-
plicable to active-duty members providing such 
instruction or training); 
‘‘(iii) Department of Defense contractor 
personnel; or
147
‘‘(iv) Department of Defense civilian em-
ployees.’’. 
(c) NATIONAL GUARD TITLE 32 TRAINING DUTY.—
Section 502(f) of title 32, United States Code, title is 
amended—
(1) by inserting ‘‘(1)’’ before ‘‘Under regula-
tions’’; 
(2) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively; 
(3) by striking the last sentence and inserting 
the following: 
‘‘(2) The training or duty ordered to be performed 
under paragraph (1) may include the following: 
‘‘(A) Support of operations or missions under-
taken by the member’s unit at the request of the 
President or Secretary of Defense. 
‘‘(B) Support of training operations and train-
ing missions assigned in whole or in part to the Na-
tional Guard by the Secretary concerned, but only to 
the extent that such training missions and training 
operations—
‘‘(i) are performed in the territorial limits 
of the United States, its territories and posses-
sions, the District of Columbia, and the Com-
monwealth of Puerto Rico; and
148
‘‘(ii) are only to instruct active duty mili-
tary, foreign military (under the same authori-
ties and restrictions applicable to active duty 
troops), Department of Defense contractor per-
sonnel, or Department of Defense civilian em-
ployees. 
‘‘(3) Duty without pay shall be considered for all pur-
poses as if it were duty with pay.’’. 
(d) NATIONAL GUARD TECHNICIANS UNDER TITLE 
32.—Section 709(a) of title 32, United States Code, is 
amended—
(1) in paragraph (1)—
(A) by striking ‘‘administration and’’ and 
inserting ‘‘organizing, administering, instruct-
ing, or’’; and 
(B) by striking ‘‘and’’ at the end of such 
paragraph; 
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(3) the performance of the following duties in 
addition to (and not in lieu of) those duties de-
scribed by paragraphs (1) and (2):
149
‘‘(A) Support of operations or missions un-
dertaken by the technician’s unit at the request 
of the President or the Secretary of Defense. 
‘‘(B) Support of Federal training oper-
ations or Federal training missions assigned in 
whole or in part to the technician’s unit. 
‘‘(C) Instructing or training in the United 
States or the Commonwealth of Puerto Rico or 
possessions of the United States of—
‘‘(i) active-duty members of the armed 
forces; 
‘‘(ii) members of foreign military 
forces (under the same authorities and re-
strictions applicable to active-duty mem-
bers providing such instruction or train-
ing); 
‘‘(iii) Department of Defense con-
tractor personnel; or 
‘‘(iv) Department of Defense civilian 
employees.’’. 
(e) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item:
‘‘328. Active Guard and Reserve duty: Governor’s authority.’’.
150
SEC. 543. GOVERNOR’S AUTHORITY TO ORDER MEMBERS 
TO ACTIVE GUARD AND RESERVE DUTY. 
(a) IN GENERAL.—Chapter 3 of title 32, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 328. Active Guard and Reserve duty: Governor’s 
authority 
‘‘(a) AUTHORITY.—The Governor of a State or the 
Commonwealth of Puerto Rico, Guam, or the Virgin Is-
lands, or the commanding general of the District of Co-
lumbia National Guard, as the case may be, with the con-
sent 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 per-
forming duty under subsection (a) may perform the fol-
lowing duties in addition to (and not in lieu of) that mem-
ber’s primary Active Guard and Reserve duties of orga-
nizing, administering, recruiting, instructing, and training 
the reserve components: 
‘‘(1) Support of operations or missions under-
taken by the member’s unit at the request of the 
President or the Secretary of Defense. 
‘‘(2) Support of training operations and train-
ing missions assigned in whole or in part by the Sec-
151
retary concerned to the National Guard, but only to 
the extent that such training operation and training 
missions—
‘‘(A) are performed in the territorial limits 
of the United States, its territories and posses-
sions, and the Commonwealth of Puerto Rico; 
and 
‘‘(B) are only to instruct—
‘‘(i) active-duty members of the armed 
forces; 
‘‘(ii) members of foreign military 
forces (under the same authorities and re-
strictions applicable to active-duty mem-
bers providing such instruction or train-
ing); 
‘‘(iii) Department of Defense con-
tractor personnel; or 
‘‘(iv) Department of Defense civilian 
employees.’’. 
SEC. 544. NATIONAL GUARD OFFICERS AUTHORITY TO 
COMMAND. 
Section 325 of title 32, United States Code, is 
amended—
(1) in subsection (a)(2), by striking ‘‘in com-
mand of a National Guard unit’’;
152
(2) by redesignating subsection (b) as sub-
section (c); and 
(3) by inserting after subsection (a) the fol-
lowing new subsection (b): 
‘‘(b) ADVANCE AUTHORIZATION
AND CONSENT.—
The President and Governor of the State or Common-
wealth of Puerto Rico, Guam, or the Virgin Islands, or 
the commanding general of the District of Columbia Na-
tional Guard, as the case may be, respectively, may give 
the authorization and consent required by subsection 
(a)(2), in advance, for the purpose of establishing the suc-
cession of command of a unit.’’; and 
(4) by adding at the end the following new sub-
section: 
‘‘(d) NATIONAL GUARD DUTIES.—An officer who is 
not relieved from duty in the National Guard while serving 
on active duty pursuant to subsection (a)(2) may perform 
any duty authorized to be performed by the laws of that 
officer’s State or the laws of the Commonwealth of Puerto 
Rico, Guam, the Virgin Islands, or the District of Colum-
bia, as the case may be, to be performed by the National 
Guard without regard to the limitations imposed by sec-
tion 1385 of title 18.’’.
153
SEC. 545. EXPANSION OF OPERATIONS OF CIVIL SUPPORT 
TEAMS. 
(a) IN GENERAL.—Section 12310(c) of title 10, 
United States Code, is amended—
(1) in paragraph (1)—
(A) by striking ‘‘involving—’’ and inserting 
‘‘involving any of the following:’’; and 
(B) by striking subparagraphs (A) and (B) 
and inserting the following: 
‘‘(A) The use or threatened use of a weapon of 
mass destruction (as defined in section 12304(i)(2) 
of this title) in the United States. 
‘‘(B) A terrorist attack or threatened terrorist 
attack in the United States that results, or could re-
sult, 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 prop-
erty. 
‘‘(D) A natural or manmade disaster in the 
United States that results in, or could result in, cat-
astrophic loss of life or property.’’; 
(2) by amending paragraph (3) to read as fol-
lows:
154
‘‘(3) A Reserve may perform duty described in para-
graph (1) only while assigned to a reserve component 
weapons of mass destruction civil support team.’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(7) In this subsection, the term ‘United States’ in-
cludes the Commonwealth of Puerto Rico, Guam, and the 
Virgin Islands.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
Such section is further amended—
(1) by striking the subsection heading and in-
serting ‘‘OPERATIONS
RELATING
TO
DEFENSE 
AGAINST WEAPONS
OF MASS DESTRUCTION
AND 
TERRORIST ATTACKS.—’’; 
(2) in paragraph (5), by striking ‘‘rapid assess-
ment element team’’ and inserting ‘‘weapons of mass 
destruction civil support team’’; and 
(3) in paragraph (6)—
(A) in the matter preceding subparagraph 
(A), by striking ‘‘paragraph (3)’’ and inserting 
‘‘paragraphs (1) and (3)’’; and 
(B) in subparagraph (B), by striking 
‘‘paragraph (3)(B)’’ and inserting ‘‘paragraph 
(3)’’.
155
Subtitle F—Decorations and 
Awards 
SEC. 551. AUTHORITY FOR PRESENTATION OF MEDAL OF 
HONOR FLAG TO LIVING MEDAL OF HONOR 
RECIPIENTS AND TO LIVING PRIMARY NEXT-
OF-KIN OF DECEASED MEDAL OF HONOR RE-
CIPIENTS. 
(a) ARMY.—Section 3755 of title 10, United States 
Code, is amended—
(1) by striking ‘‘after October 23, 2002’’; and 
(2) by adding at the end the following new sen-
tence: ‘‘In the case of a posthumous presentation of 
the medal, the flag shall be presented to the person 
to whom the medal is presented’’. 
(b) NAVY.—Section 6257 of such title is amended—
(1) by striking ‘‘after October 23, 2002’’; and 
(2) by adding at the end the following new sen-
tence: ‘‘In the case of a posthumous presentation of 
the medal, the flag shall be presented to the person 
to whom the medal is presented’’. 
(c) AIR FORCE.—Section 8755 of such title is amend-
ed—
(1) by striking ‘‘after October 23, 2002’’; and 
(2) by adding at the end the following new sen-
tence: ‘‘In the case of a posthumous presentation of
156
the medal, the flag shall be presented to the person 
to whom the medal is presented’’. 
(d) COAST GUARD.—Section 505 of title 14, United 
States Code, is amended—
(1) by striking ‘‘after October 23, 2002’’; and 
(2) by adding at the end the following new sen-
tence: ‘‘In the case of a posthumous presentation of 
the medal, the flag shall be presented to the person 
to whom the medal is presented’’. 
(e) PRESENTATION OF FLAG FOR PRIOR RECIPIENTS 
OF MEDAL OF HONOR.—
(1) LIVING RECIPIENTS.—The President shall 
provide for the presentation of the Medal of Honor 
Flag as expeditiously as possible after the date of 
the enactment of this Act to each living recipient of 
the Medal of Honor who was awarded the Medal of 
Honor before that date. 
(2) SURVIVORS
OF
DECEASED
RECIPIENTS.—
The President shall provide for posthumous presen-
tation of the Medal of Honor Flag, upon written ap-
plication therefor, to the primary next of kin of any 
recipient of the Medal of Honor who was awarded 
the Medal of Honor before the date of the enactment 
of this Act and who is deceased as of such date (or 
who dies after such date and before the presentation
157
required by paragraph (1)). For purposes of this 
paragraph, the primary next-of-kin is the person 
who would be entitled to receive the award of the 
Medal of Honor for such deceased individual if the 
award were being made posthumously at the time of 
the presentation of the Medal of Honor Flag. 
(3) MEDAL
OF
HONOR
FLAG.—In this sub-
section, the term ‘‘Medal of Honor Flag’’ means the 
flag designated under section 903 of title 36, United 
States Code. 
SEC. 552. COLD WAR VICTORY MEDAL. 
(a) AUTHORITY.—Chapter 57 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 1135. Cold War Victory Medal 
‘‘(a) MEDAL
AUTHORIZED.—The Secretary con-
cerned shall issue a service medal, to be known as the 
‘Cold War Victory Medal’, to persons eligible to receive 
the medal under subsection (b). The Cold War Victory 
Medal shall be of an appropriate design approved by the 
Secretary of Defense, with ribbons, lapel pins, and other 
appurtenances. 
‘‘(b) ELIGIBLE PERSONS.—The following persons are 
eligible to receive the Cold War Victory Medal: 
‘‘(1) A person who—