H. R. 5122—130
‘‘(B) the active duty pay and allowances which the 
member would have received for that period if on active 
duty. 
‘‘(2) Notwithstanding the limitation in paragraph (1), the 
Secretary concerned may pay to the institution more than one-
half of the amount paid to the member by the institution 
if (as determined by the Secretary)—
‘‘(A) the institution is in an educationally and economi-
cally deprived area; and 
‘‘(B) the Secretary determines that such action is in 
the national interest. 
‘‘(3) Payments by the Secretary concerned under this sub-
section shall be made from funds appropriated for that purpose. 
‘‘(4) Amounts may be paid under this subsection with 
respect to a member after the member reaches the age of 
60. 
‘‘(5) Notwithstanding any other provision of law, a member 
employed by a qualified institution pursuant to an authorization 
under this subsection is not, while so employed, considered 
to be on active duty or inactive duty training for any purpose.’’. 
(b) CLARIFICATION OF STATUS OF RETIRED MEMBERS PROVIDING 
INSTRUCTION.—Subsection (d) of such section is amended in the 
matter preceding paragraph (1) by inserting ‘‘who are in receipt 
of retired pay’’ after ‘‘retired officers and noncommissioned officers’’. 
SEC. 541. EXPANSION OF JUNIOR RESERVE OFFICERS’ TRAINING 
CORPS PROGRAM. 
(a) IN GENERAL.—The Secretaries of the military departments 
shall take appropriate actions to increase the number of secondary 
educational institutions at which a unit of the Junior Reserve 
Officers’ Training Corps is organized under chapter 102 of title 
10, United States Code. 
(b) EXPANSION TARGETS.—In increasing under subsection (a) 
the number of secondary educational institutions at which a unit 
of the Junior Reserve Officers’ Training Corps is organized, the 
Secretaries of the military departments shall seek to organize units 
at an additional number of institutions as follows: 
(1) In the case of Army units, 15 institutions. 
(2) In the case of Navy units, 10 institutions. 
(3) In the case of Marine Corps units, 15 institutions. 
(4) In the case of Air Force units, 10 institutions. 
SEC. 542. REVIEW OF LEGAL STATUS OF JUNIOR ROTC PROGRAM. 
(a) REVIEW.—The Secretary of Defense shall conduct a review 
of the 1976 legal opinion issued by the General Counsel of the 
Department of Defense regarding instruction of non-host unit stu-
dents participating in Junior Reserve Officers’ Training Corps pro-
grams. The review shall consider whether changes to law after 
the issuance of that opinion allow in certain circumstances for 
the arrangement for assignment of instructors that provides for 
the travel of an instructor from one educational institution to 
another once during the regular school day for the purposes of 
the Junior Reserve Officers’ Training Corps program as an author-
ized arrangement that enhances administrative efficiency in the 
management of the program. If the Secretary, as a result of the
H. R. 5122—131
review, determines that such authority is not available, the Sec-
retary should also consider whether such authority should be avail-
able 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 Committee on Armed 
Services of the House of Representatives a report containing the 
results of the review not later than 180 days after the date of 
the enactment of this Act. 
(c) INTERIM AUTHORITY.—A current institution that has more 
than 70 students and is providing support to another educational 
institutional with more than 70 students and has been providing 
for the assignment of instructors from one school to the other 
may continue to provide such support until 180 days following 
receipt of the report under subsection (b). 
PART IV—OTHER EDUCATION AND TRAINING 
PROGRAMS 
SEC. 543. EXPANDED ELIGIBILITY FOR ENLISTED MEMBERS FOR 
INSTRUCTION AT NAVAL POSTGRADUATE SCHOOL. 
(a) CERTIFICATE PROGRAMS AND COURSES.—Subparagraph (C) 
of subsection (a)(2) of section 7045 of title 10, United States Code, 
is amended by striking ‘‘Navy or Marine Corps’’ and inserting 
‘‘armed forces’’. 
(b) GRADUATE-LEVEL INSTRUCTION.—Such subsection is further 
amended—
(1) by redesignating subparagraph (D) as subparagraph 
(E); and 
(2) by inserting after subparagraph (C) the following new 
subparagraph (D): 
‘‘(D)(i) The Secretary may permit an eligible enlisted member 
of the armed forces to receive graduate-level instruction at the 
Naval Postgraduate School in a program leading to a master’s 
degree in a technical, analytical, or engineering curriculum. 
‘‘(ii) To be eligible to be provided instruction under this subpara-
graph, the enlisted member must have been awarded a bacca-
laureate degree by an institution of higher education. 
‘‘(iii) Instruction under this subparagraph may be provided 
only on a space-available basis. 
‘‘(iv) An enlisted member who successfully completes a course 
of instruction under this subparagraph may be awarded a master’s 
degree under section 7048 of this title. 
‘‘(v) Instruction under this subparagraph shall be provided 
pursuant to regulations prescribed by the Secretary. Such regula-
tions may include criteria for eligibility of enlisted members for 
instruction under this subparagraph and specification of obligations 
for further service in the armed forces relating to receipt of such 
instruction.’’. 
(c) CONFORMING
AMENDMENTS.—Such section is further 
amended—
(1) in subparagraph (E) of subsection (a)(2), as redesignated 
by subsection (b)(1), by striking ‘‘and (C)’’ and inserting ‘‘(C), 
and (D)’’; and 
(2) in subsection (b)(2), by striking ‘‘(a)(2)(D)’’ and inserting 
‘‘(a)(2)(E)’’.
H. R. 5122—132
(d) DEADLINE
FOR
SUBMISSION
OF
PREVIOUSLY
REQUIRED 
REPORT.—The report required by subsection (c) of section 526 of 
the National Defense Authorization Act for Fiscal Year 2006 (Public 
Law 109–163; 119 Stat. 3246), relating to the rationale and plans 
of the Navy to provide enlisted members an opportunity to obtain 
graduate degrees, shall be submitted, in accordance with that sub-
section, not later than March 30, 2007. 
(e) REPEAL OF REQUIREMENT FOR REPORT ON PILOT PROGRAM.—
(1) REPEAL.—Subsection (d) of section 526 of the National 
Defense Authorization Act for Fiscal Year 2006 (Public Law 
109–163; 119 Stat. 3246) is repealed. 
(2) CONFORMING
AMENDMENT.—Subsection (c)(2) of such 
section is amended by striking ‘‘, particularly in the career 
fields under consideration for the pilot program referred to 
in subsection (d)’’. 
(f) REPORT ON USE OF NPS AND AFIT.—Not later than March 
30, 2007, the Secretary of the Navy and the Secretary of the 
Air Force shall submit to the Committee on Armed Services of 
the Senate and the Committee on Armed Services of the House 
of Representatives a joint report on the manner by which each 
Secretary intends to use the Naval Postgraduate School and the 
Air Force Institute of Technology during fiscal years 2008 through 
2013 to meet the overall requirements of the Navy and Marine 
Corps and of the Air Force for enlisted members with graduate 
degrees. The report shall include the following: 
(1) The numbers and occupational specialities of enlisted 
members that each Secretary plans to enroll as candidates 
for graduate degrees each year in each of the two schools. 
(2) A description of the graduate degrees that those enlisted 
members will pursue at those schools. 
(3) Other matters that the two Secretaries jointly consider 
to be useful for the committees to better understand the future 
role that the two schools will each have in meeting service 
requirements for enlisted members with graduate degrees. 
Subtitle D—General Service Authorities 
SEC. 546. TEST OF UTILITY OF TEST PREPARATION GUIDES AND EDU-
CATION PROGRAMS IN ENHANCING RECRUIT CANDIDATE 
PERFORMANCE ON THE ARMED SERVICES VOCATIONAL 
APTITUDE BATTERY (ASVAB) AND ARMED FORCES QUALI-
FICATION TEST (AFQT). 
(a) REQUIREMENT FOR TEST.—The Secretary of Defense shall 
conduct a test of the utility of commercially available test prepara-
tion guides and education programs designed to assist recruit can-
didates achieve scores on military recruit qualification testing that 
better reflect the full potential of those recruit candidates in terms 
of aptitude and mental category. The test shall be conducted 
through the Secretaries of the Army, Navy, and Air Force. 
(b) ASSESSMENT OF COMMERCIALLY AVAILABLE GUIDES AND PRO-
GRAMS.—The test shall assess commercially available test prepara-
tion guides and education programs designed to enhance test 
performance. The test preparation guides assessed shall test both 
written formats and self-paced computer-assisted programs. Edu-
cation programs assessed may test both self-study textbook and 
computer-assisted courses and instructor-led courses.
H. R. 5122—133
(c) OBJECTIVES.—The objectives of the test are to determine 
the following: 
(1) The degree to which test preparation assistance 
degrades test reliability and accuracy. 
(2) The degree to which test preparation assistance allows 
more accurate testing of skill aptitudes and mental capability. 
(3) The degree to which test preparation assistance allows 
individuals to achieve higher scores without sacrificing reli-
ability and accuracy. 
(4) What role is recommended for test preparation assist-
ance in military recruiting. 
(d) CONTROL GROUP.—As part of the test, the Secretary 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 candidates participating in the test 
and data from recruit candidates in the control group shall be 
compared in terms of both (1) test performance, and (2) subsequent 
duty performance in training and unit settings following entry 
on active duty. 
(e) NUMBER
OF PARTICIPANTS.—The Secretary shall provide 
test preparation assistance to a minimum of 2,000 recruit can-
didates 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 participant shall be identified, but other participants may 
not be identified. 
(g) REPORT
ON FINDINGS.—Not later than six months after 
completion of the duty performance assessment of the last identified 
participant in the test, the Secretary of Defense shall submit to 
the Committee on Armed Services of the Senate and the Committee 
on Armed Services of the House of Representatives a report pro-
viding the findings of the Secretary with respect to each of the 
objectives specified in subsection (c) and the Secretary’s rec-
ommendations. 
SEC. 
547. 
CLARIFICATION 
OF 
NONDISCLOSURE 
REQUIREMENTS 
APPLICABLE 
TO 
CERTAIN 
SELECTION 
BOARD 
PRO-
CEEDINGS. 
(a) ACTIVE-DUTY SELECTION BOARD PROCEEDINGS.—
(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 selection board con-
vened under section 611 this title may not be disclosed to any 
person not a member of the board. 
‘‘(b) PROHIBITED USES OF BOARD DISCUSSIONS, DELIBERATIONS, 
AND RECORDS.—The discussions and deliberations of a selection 
board described in subsection (a) 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