EXPANSION OF MEMBERS ELIGIBLE TO BE EMPLOYED TO PROVIDE JUNIOR RESERVE OFFICERS’ TRAINING CORPS INSTRUCTION.

SEC. 540. EXPANSION OF MEMBERS ELIGIBLE TO BE EMPLOYED TO PROVIDE JUNIOR RESERVE OFFICERS’ TRAINING CORPS INSTRUCTION.(a) Eligibility of “Gray-Area” Guard and Reserve Members.—Section 2031 of title 10, United States Code, is amended by adding at the end the following new subsection:“(e) Instead of, or in addition to, detailing officers and noncommissioned officers on active duty under subsection (c)(1) and authorizing the employment of retired officers and noncommissioned officers who are in receipt of retired pay and members of the Fleet Reserve and Fleet Marine Corps Reserve under subsection (d), the Secretary of the military department concerned may authorize qualified institutions to employ as administrators and instructors in the program officers and noncommissioned officers who are under 60 years of age and who, but for age, would be eligible for retired pay for non-regular service under section 12731 of this title and whose qualifications are approved by the Secretary and the institution concerned and who request such employment, subject to the following:“(1) The Secretary concerned shall pay to the institution an amount equal to one-half of the amount paid to the member by the institution for any period, up to a maximum of one-half of the difference between—“(A) the retired or retainer pay for an active duty officer or noncommissioned officer of the same grade and years of service for such period; and120 STAT. 2212“(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 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”.