Page:United States Statutes at Large Volume 120.djvu/2243

 120 STAT. 2212

PUBLIC LAW 109–364—OCT. 17, 2006

‘‘(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 onehalf of the amount paid to the member by the institution if (as determined by the Secretary)— ‘‘(A) the institution is in an educationally and economically deprived area; and ‘‘(B) the Secretary determines that such action is in the national interest. ‘‘(3) Payments by the Secretary concerned under this subsection 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’’. 10 USC 2031 note.

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 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 arrangement for assignment of instructors that provides for the travel of an instructor from one educational institution to another once during the regular school day for the purposes of the Junior Reserve Officers’ Training Corps program as an authorized arrangement that enhances administrative efficiency in the management of the program. If the Secretary, as a result of the

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