# Duncan Hunter National Defense Authorization Act for Fiscal Year 2009/Division A/Title V
## TITLE V — MILITARY PERSONNEL POLICY
### Subtitle A—Officer Personnel Policy Generally
#### SEC. 501. MANDATORY SEPARATION REQUIREMENTS FOR REGULAR WARRANT OFFICERS FOR LENGTH OF SERVICE.

Section 1305(a) of title 10, United States Code, is amended--
       (1) by striking `A regular warrant officer who has at least 30 years of active service as a warrant officer that could be credited to him' and inserting `(1) A regular warrant officer (other than a regular Army warrant officer) who has at least 30 years of active service that could be credited to the officer'; and
       (2) by adding at the end the following new paragraph:
                `(2) In the case of a regular Army warrant officer, the calculation of years of active service under paragraph (1) shall include only years of active service as a warrant officer.'.

#### SEC. 502. REQUIREMENTS FOR ISSUANCE OF POSTHUMOUS COMMISSIONS AND WARRANTS.

    (a) Posthumous Commissions- Section 1521 of title 10, United States Code, is amended--
       (1) in subsection (a), by striking `in line of duty' each place it appears; and
       (2) by adding at the end the following new subsection:
             `(c) A commission issued under subsection (a) in connection with the promotion of a deceased member to a higher commissioned grade shall require certification by the Secretary concerned that, at the time of death of the member, the member was qualified for appointment to that higher grade.'.
    (b) Posthumous Warrants- Section 1522 of such title is amended--
       (1) in subsection (a), by striking `in line of duty'; and
       (2) by adding at the end the following new subsection:
             `(c) A warrant issued under subsection (a) in connection with the promotion of a deceased member to a higher grade shall require a finding by the Secretary concerned that, at the time of death of the member, the member was qualified for appointment to that higher grade.'.

#### SEC. 503. AUTHORIZED NUMBER OF GENERAL OFFICERS ON ACTIVE DUTY IN THE ARMY AND MARINE CORPS, LIMITED EXCLUSION FOR JOINT DUTY REQUIREMENTS, AND INCREASE IN NUMBER OF OFFICERS SERVING IN GRADES ABOVE MAJOR GENERAL AND REAR ADMIRAL.

    (a) Increase in Number of Army General Officers- Section 526(a)(1) of title 10, United States Code, is amended by striking `302' and inserting `307'.
    (b) Increase in Number of Marine Corps General Officers- Section 526(a)(4) of such title is amended by striking `80' and inserting `81'.
    (c) Increase in Exclusion for Joint Duty Requirements- Section 526(b)(1) of such title is amended by striking `12' and inserting `65'.
    (d) Increase in Number of Officers Serving in Grades Above Major General and Rear Admiral- Section 525 of such title is amended--
       (1) in the first sentence of subsection (a), by striking `that armed force' and inserting `the Army or Air Force, or more than 51 percent of the general officers of the Marine Corps,'; and
       (2) in subsection (b)--
          (A) in paragraphs (1) and (2)(A), by striking `16.3 percent' each place it appears and inserting `16.4 percent'; and
          (B) in paragraph (2)(B), by striking `17.5 percent' and inserting `19 percent'.
    (e) Acquisition and Contracting Billets-
       (1) RESERVATION OF ARMY INCREASE- The increase in the number of general officers on active duty in the Army, as authorized by the amendment made by subsection (a) is reserved for general officers in the Army who serve in an acquisition position.
       (2) RESERVATION OF PORTION OF INCREASE IN JOINT DUTY ASSIGNMENTS EXCLUDED FROM LIMITATION- Of the increase in the number of general officer and flag officer joint duty assignments that may be designated for exclusion from the limitations on the number of general officers and flag officers on active duty, as authorized by the amendment made by subsection (c), five of the designated assignments are reserved for general officers or flag officers who serve in an acquisition position, including one assignment in the Defense Contract Management Agency.

#### SEC. 504. MODIFICATION OF AUTHORITY ON STAFF JUDGE ADVOCATE TO THE COMMANDANT OF THE MARINE CORPS.

    (a) Grade of Staff Judge Advocate to the Commandant of the Marine Corps- Section 5046(a) of title 10, United States Code, is amended by striking the last sentence and inserting the following new sentence: `The Staff Judge Advocate to the Commandant of the Marine Corps, while so serving, has the grade of major general.'.
    (b) Exclusion From General Officer Distribution Limitations- Section 525(a) of such title, as amended by section 503, is further amended--
       (1) by inserting `(1)' after `(a)'; and
       (2) by adding at the end the following new paragraph:
                `(2) An officer while serving in the position of Staff Judge Advocate to the Commandant of the Marine Corps under section 5046 of this title is in addition to the number that would otherwise be permitted for the Marine Corps for officers in grades above brigadier general under the first sentence of paragraph (1).'.

#### SEC. 505. ELIGIBILITY OF RESERVE OFFICERS TO SERVE ON BOARDS OF INQUIRY FOR SEPARATION OF REGULAR OFFICERS FOR SUBSTANDARD PERFORMANCE AND OTHER REASONS.

    (a) Eligibility- Section 1187 of title 10, United States Code, is amended--
       (1) in subsection (a)--
          (A) by striking paragraph (2); and
          (B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and
       (2) in subsection (b), by striking `on active duty' in the matter preceding paragraph (1).
    (b) Conforming Amendment- The heading of subsection (a) of such section is amended by striking `Active Duty Officers' and inserting `In General'.

#### SEC. 506. DELAYED AUTHORITY TO ALTER DISTRIBUTION REQUIREMENTS FOR COMMISSIONED OFFICERS ON ACTIVE DUTY IN GENERAL OFFICER AND FLAG OFFICER GRADES AND LIMITATIONS ON AUTHORIZED STRENGTHS OF GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.

    (a) Implementation of Special General Officer and Flag Officer Authority-
       (1) REPORT ON PROPOSED IMPLEMENTATION- The Secretary of Defense shall submit to the Committees on Armed Forces of the Senate and House of Representatives a report, reflecting input from the Armed Forces, containing the following:
          (A) A statement of the total number of validated and required joint duty assignments for general officers and flag officers and the total number of validated assignments for general officers and flag officers required by the Army, Navy, Air Force, and Marine Corps to meet internal (non-joint) requirements.
          (B) A description of the process used by the Secretary of Defense and the Secretary of the military department concerned to validate joint general officer and flag officer requirements and authorizations under the authority provided by this section and how that process will function to make adjustments (increases and reductions) in the numbers of general officers and flag officers required for joint duty assignments and internal requirements of the Armed Force concerned.
          (C) A description of how the Secretary of Defense intends to minimize the incremental approaches to increases in the number of general officers and flag officers and the use of exemptions to effect such increases.
          (D) A description of how the Secretaries of the military departments intend to manage the increase and development of general officer and flag officer positions under the authority provided by this section.
          (E) An explanation of and rationale for the grade distribution of the general and flag officers in the joint pool authorized by subsection (f)(1).
          (F) A proposal specifying such legislative changes, including technical and conforming changes, as may be necessary to conform sections 525, 526, and 721 of title 10, United States Code, and such other provisions of such title relating to the management of general officers and flag officers to the authorities provided by this section.
       (2) TIME FOR IMPLEMENTATION- After the end of the one-year period beginning on the date on which the Secretary of Defense submits the report required by paragraph (1), the Secretary of Defense may implement the authorities provided by this section regarding the distribution of commissioned officers on active duty in general officer and flag officer grades and altering the limitations on authorized strengths of general and flag officers on active duty.
       (3) EFFECT OF IMPLEMENTATION- After the implementation date specified in paragraph (2), the authorities provided by this section supersede any requirement of section 525, 526, or 721 of title 10, United States Code, to the contrary.
    (b) Distribution of General and Flag Officers- After the implementation date specified in subsection (a)(2), no appointment of an officer on the active duty list officer may be made--
       (1) in the Army, if that appointment would result in more than--
          (A) 225 officers serving on active duty above the grade of colonel;
          (B) 7 officers in the grade of general;
          (C) 45 officers in a grade above the grade of major general; or
          (D) 90 officers in the grade of major general;
       (2) in the Air Force, if that appointment would result in more than--
          (A) 208 officers serving on active duty in a grade above the grade of colonel;
          (B) 9 officers in the grade of general;
          (C) 43 officers in a grade above the grade of major general; or
          (D) 73 officers in the grade of major general;
       (3) in the Navy, if that appointment would result in more than--
          (A) 160 officers serving on active duty in a grade above the grade of captain;
          (B) 6 officers in the grade of admiral;
          (C) 32 officers in a grade above the grade of rear admiral; or
          (D) 50 officers in the grade of rear admiral; or
       (4) in the Marine Corps, if that appointment would result in more than--
          (A) 60 officers serving on active duty in a grade above the grade of colonel;
          (B) 2 officers in the grade of general;
          (C) 15 officers in a grade above the grade of major general; or
          (D) 22 officers in the grade of major general.
    (c) Exclusion of Certain Officers From Distribution Limits-
       (1) JOINT ASSIGNMENTS- The limitations contained in subsection (b) do not apply to officers serving in joint duty assignments, as designated by the Secretary of Defense under section 526(b) of title 10, United States Code, or this section or for officers released from joint duty assignments, but only during the 60-day period beginning on the date the officer departs the joint duty assignment. Of the officers serving in such joint duty assignments--
          (A) the number of officers in the grade of general or admiral may not exceed 20;
          (B) the number of officers in a grade above the grade of major general or rear admiral may not exceed 68; and
          (C) the number of officers in the grade of major general or rear admiral may not exceed 144.
       (2) OFFICERS AFTER RELIEF FROM CERTAIN POSITIONS- An officer continuing to hold the grade of general or admiral under section 601(b)(4) of title 10 United States Code, after relief from the position of Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps shall not be counted for purposes of subsection (b).
       (3) ATTENDING PHYSICIAN- An officer while serving as Attending Physician to the Congress is in addition to the number that would otherwise be permitted for that officer's Armed Force for officers serving on active duty in grades above brigadier general or rear admiral (lower half) under subsection (b).
       (4) OFFICERS PENDING RETIREMENT OR AFTER RELIEF AND RELATED CIRCUMSTANCES- The following officers shall not be counted for purposes of subsection (b):
          (A) An officer of an Armed Force in the grade of brigadier general or above or, in the case of the Navy, in the grade of rear admiral (lower half) or above, who is on leave pending the retirement, separation, or release of that officer from active duty, but only during the 60-day period beginning on the date of the commencement of such leave of such officer.
          (B) An officer of an Armed Force who has been relieved from a position designated under section 601(a) of title 10, United States Code, and is under orders to assume another such position, but only during the 60-day period beginning on the date on which those orders are published.
    (d) Appointments in Excess of Distribution Limits-
       (1) APPOINTMENT AUTHORITY- Subject to paragraph (3), the President--
          (A) may make appointments in the Army, Air Force, and Marine Corps in the grade of lieutenant general and in the Army, Air Force, and Marine Corps in the grade of general in excess of the applicable numbers determined under subsection (b) if each such appointment is made in conjunction with an offsetting reduction under paragraph (2); and
          (B) may make appointments in the Navy in the grades of vice admiral and admiral in excess of the applicable numbers determined under subsection (b) if each such appointment is made in conjunction with an offsetting reduction under paragraph (2).
       (2) OFFSETTING REDUCTIONS- For each appointment made under the authority of paragraph (1) in the Army, Air Force, or Marine Corps in the grade of lieutenant general or general or in the Navy in the grade of vice admiral or admiral, the number of appointments that may be made in the equivalent grade in one of the other Armed Forces (other than the Coast Guard) shall be reduced by one. When such an appointment is made, the President shall specify the Armed Force in which the reduction required by this paragraph is to be made.
       (3) MAXIMUM- The number of officers that may be serving on active duty in the grades of lieutenant general and vice admiral by reason of appointments made under the authority of paragraph (1) may not exceed 15. The number of officers that may be serving on active duty in the grades of general and admiral by reason of appointments made under the authority of paragraph (1) may not exceed 5.
       (4) DURATION OF REDUCTION- Upon the termination of the appointment of an officer in the grade of lieutenant general or vice admiral or general or admiral that was made in connection with an increase under paragraph (1) in the number of officers that may be serving on active duty in that Armed Force in that grade, the reduction made under paragraph (2) in the number of appointments permitted in such grade in another Armed Force by reason of that increase shall no longer be in effect.
    (e) Authorized Strength Limits for General and Flag Officers on Active Duty- After the implementation date specified in subsection (a)(2), the number of general officers on active duty in the Army, Air Force, and Marine Corps, and the number of flag officers on active duty in the Navy, may not exceed the number specified for the Armed Force concerned as follows:
       (1) For the Army, 225.
       (2) For the Navy, 160.
       (3) For the Air Force, 208.
       (4) For the Marine Corps, 60.
    (f) Limited Exclusion for Joint Duty Requirements-
       (1) DESIGNATION OF POSITIONS- The Secretary of Defense may designate up to 324 general officer and flag officer positions that are joint duty assignments for the purposes of chapter 38 of title 10, United States Code, for exclusion from the limitations in subsection (e). The Secretary of Defense will allocate these exclusions to the Armed Forces based on the number of general or flag officers required from each Armed Force for assignment to these designated positions.
       (2) MINIMUM NUMBER OF POSITIONS- Unless the Secretary of Defense determines that a lower number is in the best interests of the United States, the minimum number of officers serving in positions designated under paragraph (1) for each Armed Force shall be as follows:
          (A) For the Army, 85.
          (B) For the Navy, 61.
          (C) For the Air Force, 76.
          (D) For the Marine Corps, 21.
    (g) Temporary Exclusion for Assignment to Certain Temporary Billets- The limitations in subsection (e) do not apply to a general or flag officer assigned to a temporary joint duty assignment billet designated by the Secretary of Defense for purposes of this section. A general or flag officer assigned to a temporary joint duty assignment as described in this subsection may not be excluded under this subsection from the limitations in subsection (e) for a period longer than one year.
    (h) Exclusion of Certain Reserve Officers-
       (1) DISTRIBUTION LIMITS- The limitations of subsection (b) do not apply to a reserve component general or flag officer who is on active duty and serving in billets other than joint duty assignments under a call or order specifying a period of not longer than two years.
       (2) AUTHORIZED STRENGTH LIMITS- The limitations in subsection (e) do not apply to a reserve component general or flag officer who is on active duty and serving in a position that is a joint duty assignment for the purposes of chapter 38 of title 10, United States Code, for a period not to exceed three years.
    (i) Pending or After Joint Duty Assignments- Upon determination by the Secretary of Defense that such action is in the national interest, the Secretary may allow the Secretary of a military department to exceed the distribution of general and flag officers established under subsection (b) and the limitation in subsection (e) for up to one year for officers pending assignment to or return from joint duty assignments designated under section 526(b) of title 10, United States Code, or this section.

### Subtitle B—Reserve Component Management
#### SEC. 511. EXTENSION TO OTHER RESERVE COMPONENTS OF ARMY AUTHORITY FOR DEFERRAL OF MANDATORY SEPARATION OF MILITARY TECHNICIANS (DUAL STATUS) UNTIL AGE 60.

Section 10216(f) of title 10, United States Code, is amended by inserting `and the Secretary of the Air Force' after `Secretary of the Army'.

#### SEC. 512. MODIFICATION OF AUTHORIZED STRENGTHS FOR CERTAIN ARMY NATIONAL GUARD, MARINE CORPS RESERVE, AND AIR NATIONAL GUARD OFFICERS AND ARMY NATIONAL GUARD ENLISTED PERSONNEL SERVING ON FULL-TIME RESERVE COMPONENT DUTY.

    (a) Army National Guard and Marine Corps Reserve Officers- The table in section 12011(a) of title 10, United States Code, relating to the number of officers of a reserve component who may be serving in the grades of major, lieutenant colonel, or colonel given the total number of members of that reserve component serving on full-time reserve component duty, is amended by striking the portion of the table relating to the Army National Guard and the Marine Corps Reserve and inserting the following:
`Army National Guard: :
| 20,000 | 1,500 | 850 | 325 |
| 22,000 | 1,650 | 930 | 350 |
| 24,000 | 1,790 | 1,010 | 378 |
| 26,000 | 1,930 | 1,085 | 395 |
| 28,000 | 2,070 | 1,168 | 420 |
| 30,000 | 2,200 | 1,245 | 445 |
| 32,000 | 2,330 | 1,315 | 460 |
| 34,000 | 2,450 | 1,385 | 470 |
| 36,000 | 2,570 | 1,455 | 480 |
| 38,000 | 2,670 | 1,527 | 490 |
| 40,000 | 2,770 | 1,590 | 500 |
| 42,000 | 2,837 | 1,655 | 505 |
`Marine Corps Reserves: :
| 1,000 | 99 | 63 | 20 |
| 1,200 | 103 | 67 | 21 |
| 1,300 | 107 | 70 | 22 |
| 1,400 | 111 | 73 | 23 |
| 1,500 | 114 | 76 | 24 |
| 1,600 | 117 | 79 | 25 |
| 1,700 | 120 | 82 | 26 |
| 1,800 | 123 | 85 | 27 |
| 1,900 | 126 | 88 | 28 |
| 2,000 | 129 | 91 | 29 |
| 2,100 | 132 | 94 | 30 |
| 2,200 | 134 | 97 | 31 |
| 2,300 | 136 | 100 | 32 |
| 2,400 | 138 | 103 | 33 |
| 2,500 | 140 | 106 | 34 |
| 2,600 | 142 | 109 | 35'. |
    (b) Air National Guard Officers- The table in such section is further amended by striking the portion of the table relating to the Air National Guard and inserting the following:
`Air National Guard: :
| 5,000 | 333 | 335 | 251 |
| 6,000 | 403 | 394 | 260 |
| 7,000 | 472 | 453 | 269 |
| 8,000 | 539 | 512 | 278 |
| 9,000 | 606 | 571 | 287 |
| 10,000 | 673 | 665 | 313 |
| 11,000 | 740 | 759 | 339 |
| 12,000 | 807 | 827 | 353 |
| 13,000 | 873 | 886 | 363 |
| 14,000 | 939 | 945 | 374 |
| 15,000 | 1,005 | 1,001 | 384 |
| 16,000 | 1,067 | 1,057 | 394 |
| 17,000 | 1,126 | 1,113 | 404 |
| 18,000 | 1,185 | 1,169 | 414 |
| 19,000 | 1,235 | 1,224 | 424 |
| 20,000 | 1,283 | 1,280 | 428'. |
    (c) Army National Guard Enlisted Personnel- The table in section 12012(a) of such title, relating to the number of members of a reserve component who may be serving in the grade of E-8 or E-9 given the total number of members of that reserve component serving on full-time reserve component duty, is amended by striking the portion of the table relating to the Army National Guard and inserting the following:
`Army National Guard: :
| 20,000 | 1,650 | 550 |
| 22,000 | 1,775 | 615 |
| 24,000 | 1,950 | 645 |
| 26,000 | 2,100 | 675 |
| 28,000 | 2,250 | 715 |
| 30,000 | 2,400 | 735 |
| 32,000 | 2,500 | 760 |
| 34,000 | 2,600 | 780 |
| 36,000 | 2,700 | 800 |
| 38,000 | 2,800 | 820 |
| 40,000 | 2,900 | 830 |
| 42,000 | 3,000 | 840'. |

#### SEC. 513. CLARIFICATION OF AUTHORITY TO CONSIDER FOR A VACANCY PROMOTION NATIONAL GUARD OFFICERS ORDERED TO ACTIVE DUTY IN SUPPORT OF A CONTINGENCY OPERATION.

    (a) Additional Exception- Subsection (d) of section 14317 of title 10, United States Code, is amended--
       (1) in the first sentence--
          (A) by striking `Except' and inserting `(1) Except';
          (B) by striking `unless the officer is ordered' and inserting `unless the officer--
                   `(A) is ordered';
          (C) by striking the period at the end and inserting `; or'; and
          (D) by adding at the end the following new subparagraph:
                   `(B) has been ordered to or is serving on active duty in support of a contingency operation.'; and
       (2) in the second sentence, by striking `If' and inserting the following:
                `(2) If'.
    (b) Consideration for Promotion by Examination for Federal Recognition- Subsection (e)(1)(B) of such section is amended by inserting before the period at the end the following: `, or by examination for Federal recognition under title 32'.

#### SEC. 514. INCREASE IN MANDATORY RETIREMENT AGE FOR CERTAIN RESERVE OFFICERS.

    (a) Selective Service and Property and Fiscal Officers- Section 12647 of title 10, United States Code, is amended by striking `60 years' and inserting `62 years'.
    (b) Certain Reserve Officers in Grades of Major Through Brigadier General- Section 14702(b) of such title is amended--
       (1) in the subsection heading, by striking `at Age 60' and inserting `for Age'; and
       (2) by striking `subsection (a)(1) or (a)(2).' and all that follows through the period at the end of the last sentence and inserting the following: `paragraph (1) or (2) of subsection (a). An officer described in paragraph (1) of such subsection may not be retained under this section after the last day of the month in which the officer becomes 62 years of age. An officer described in paragraph (2) of such subsection may not be retained under this section after the last day of the month in which the officer becomes 60 years of age.'.
    (c) Clerical Amendments-
       (1) SECTION HEADING- The heading of section 14702 of such title is amended to read as follows:
          `Sec. 14702. Retention on reserve active-status list of certain officers in the grade of major, lieutenant colonel, colonel, or brigadier general'.
       (2) TABLE OF SECTIONS- The table of sections at the beginning of chapter 1409 of such title is amended by striking the item relating to section 14702 and inserting the following new item:
          `14702. Retention on reserve active-status list of certain officers in the grade of major, lieutenant colonel, colonel, or brigadier general.'.

#### SEC. 515. AGE LIMIT FOR RETENTION OF CERTAIN RESERVE OFFICERS ON ACTIVE-STATUS LIST AS EXCEPTION TO REMOVAL FOR YEARS OF COMMISSIONED SERVICE.

Section 14508 of title 10, United States Code, is amended--
    (1) by redesignating subsection (g) as subsection (h); and
    (2) by inserting after subsection (f) the following new subsection (g):
             `(g) Retention of Lieutenant Generals- A reserve officer of the Army or Air Force in the grade of lieutenant general who would otherwise be removed from an active status under subsection (c) may, in the discretion of the Secretary of the Army or the Secretary of the Air Force, as the case may be, be retained in an active status, but not later than the date on which the officer becomes 66 years of age.'.

#### SEC. 516. AUTHORITY TO RETAIN RESERVE CHAPLAINS AND OFFICERS IN MEDICAL AND RELATED SPECIALTIES UNTIL AGE 68.

    (a) Reserve Chaplains and Medical Officers- Section 14703(b) of title 10, United States Code, is amended by striking `67 years' and inserting `68 years'.
    (b) National Guard Chaplains and Medical Officers- Section 324 of title 32, United States Code, is amended by adding at the end the following new subsection:
             `(c) Notwithstanding subsection (a)(1), an officer of the National Guard serving as a chaplain, medical officer, dental officer, nurse, veterinarian, Medical Service Corps officer, or biomedical sciences officer may be retained, with the officer's consent, until the date on which the officer becomes 68 years of age.'.

#### SEC. 517. MODIFICATION OF AUTHORITIES ON DUAL DUTY STATUS OF NATIONAL GUARD OFFICERS.

    (a) Dual Duty Status Authorized for Any Officer on Active Duty- Subsection (a)(2) of section 325 of title 32, United States Code, is amended by striking `in command of a National Guard unit'.
    (b) Advance Authorization and Consent to Dual Duty Status- Such section is further amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following new subsection (b):
             `(b) Advance Authorization and Consent- The President and the Governor of a State or Territory, or of the Commonwealth of Puerto Rico, or the commanding general of the District of Columbia National Guard, as applicable, may give the authorization or consent required by subsection (a)(2) with respect to an officer in advance for the purpose of establishing the succession of command of a unit.'.

#### SEC. 518. STUDY AND REPORT REGARDING MARINE CORPS PERSONNEL POLICIES REGARDING ASSIGNMENTS IN INDIVIDUAL READY RESERVE.

    (a) Study- The Secretary of the Navy shall conduct a study to analyze the policies and procedures used by the Marine Corps Reserve during fiscal years 2001 through 2008 to govern the assignment of members of the Marine Corps Reserve in the Individual Ready Reserve.
    (b) Elements- The study shall contain, at a minimum, the following elements:
       (1) A summary of the actual policies and procedures used to assign members of the Marine Corps Reserve to the Individual Ready Reserve and to remove members from the Individual Ready Reserve, to include the grade and authority of the official responsible for making the decision regarding the assignment.
       (2) The number of members of the Marine Corps Reserve assigned to the Individual Ready Reserve during fiscal years 2001 through 2008.
       (3) The number of members of the Marine Corps Reserve who spent less than 12 months in the Individual Ready Reserve during fiscal years 2001 through 2008, categorized by the reason provided for assigning the members to the Individual Ready Reserve.
       (4) The impact of assigning a member of the Marine Corps Reserve to the Individual Ready Reserve on the eligibility of the member for health care coverage under TRICARE.
       (5) The policies and procedures used to account for members of the Marine Corps Reserve who are excess to a unit's authorization document, to include members selected for promotion or command who have not yet been promoted or assumed duties as officers in command.
       (6) Recommendations for improvements to policies and procedures used to assign members of the Marine Corps Reserve to the Individual Ready Reserve and to remove members from the Individual Ready Reserve.
    (c) Report- Not later than 180 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the Committee on Armed Services of the Senate and House of Representatives a report containing the results of the study.

#### SEC. 519. REPORT ON COLLECTION OF INFORMATION ON CIVILIAN SKILLS OF MEMBERS OF THE RESERVE COMPONENTS OF THE ARMED FORCES.

Not later than March 1, 2009, the Secretary of Defense shall submit to the congressional defense committees a report on the feasibility and advisability, utility, and cost effectiveness of the following:
       (1) The collection by the Department of Defense of information on the civilian skills, qualifications, and professional certifications of members of the reserve components of the Armed Forces that are relevant to military manpower requirements.
       (2) The establishment by each military department, and by the Department of Defense generally, of a system that would match billets and personnel requirements with members of the reserve components of the Armed Forces who have skills, qualifications, and certifications relevant to such billets and requirements.
       (3) The establishment by the Department of Defense of one or more systems accessible by private employers who employ individuals with skills, qualifications, and certifications possessed by members of the reserve components of the Armed Forces to assist such employers in hiring and employing such members.
       (4) Actions to ensure that employment information collected for and maintained in the Civilian Employment Information database of the Department of Defense is current and accurate.
       (5) Actions to incorporate any matter determined feasible and advisable under paragraphs (1) through (4) into the Defense Integrated Military Human Resources System.

### Subtitle C—Joint Qualified Officers and Requirements
#### SEC. 521. JOINT DUTY REQUIREMENTS FOR PROMOTION TO GENERAL OR FLAG OFFICER.

    (a) In General- Section 619a of title 10, United States Code, is amended--
       (1) in subsection (a), by striking `unless--' and all that follows through `the joint specialty' and inserting `unless the officer has been designated as a joint qualified officer';
       (2) in subsection (b)--
          (A) by striking `paragraph (1) or paragraph (2) of subsection (a), or both paragraphs (1) and (2) of subsection (a),' in the matter preceding paragraph (1) and inserting `subsection (a)'; and
          (B) in paragraph (4), by striking `within that immediate organization is not less than two years' and inserting `is not less than two years and the officer has successfully completed a program of education described in subsections (b) and (c) of section 2155 of this title'; and
       (3) by striking subsection (h).
    (b) Clerical Amendments-
       (1) SECTION HEADING- The heading of such section is amended to read as follows:
          `Sec. 619a. Eligibility for consideration for promotion: designation as joint qualified officer required before promotion to general or flag grade; exceptions'.
       (2) TABLE OF SECTIONS- The table of sections at the beginning of subchapter II of chapter 36 of such title is amended by striking the item relating to section 619a and inserting the following new item:
          `619a. Eligibility for consideration for promotion: designation as joint qualified officer required before promotion to general or flag grade; exceptions.'.

#### SEC. 522. TECHNICAL, CONFORMING, AND CLERICAL CHANGES TO JOINT SPECIALTY TERMINOLOGY.

    (a) Reference to Joint Qualified Officer-
       (1) IN GENERAL- Subsection (a) of section 661 of title 10, United States Code, is amended in the second sentence by striking `in such manner as the Secretary of Defense directs' and inserting `as a joint qualified officer or in such other manner as the Secretary of Defense directs'.
       (2) SECTION HEADING- The heading of such section is amended to read as follows:
          `Sec. 661. Management policies for joint qualified officers'.
       (3) TABLE OF SECTIONS- The table of sections at the beginning of chapter 38 of such title is amended by striking the item related to section 661 and inserting the following new item:
          `661. Management policies for joint qualified officers.'.
    (b) Joint Duty Assignments After Completion of Joint Professional Military Education- Section 663 of such title is amended--
       (1) in subsection (a)--
          (A) in the subsection heading, by striking `Joint Specialty' and inserting `Joint Qualified'; and
          (B) by striking `with the joint specialty' and inserting `designated as a joint qualified officer'; and
       (2) in subsection (b)(1), by striking `do not have the joint specialty' and inserting `are not designated as a joint qualified officer'.
    (c) Procedures for Monitoring Careers of Joint Qualified Officers-
       (1) IN GENERAL- Section 665 of such title is amended--
          (A) in subsection (a)(1)(A), by striking `with the joint specialty' and inserting `designated as a joint qualified officer'; and
          (B) in subsection (b)(1), by striking `with the joint specialty' and inserting `designated as a joint qualified officer'.
       (2) SECTION HEADING- The heading of such section is amended to read as follows:
          `Sec. 665. Procedures for monitoring careers of joint qualified officers'.
       (3) TABLE OF SECTIONS- The table of sections at the beginning of chapter 38 of such title is amended by striking the item related to section 665 and inserting the following new item:
          `665. Procedures for monitoring careers of joint qualified officers.'.
    (d) Joint Specialty Terminology in Annual Report- Section 667 of such title is amended--
       (1) in paragraph (1)--
          (A) in subparagraph (A), by striking `selected for the joint specialty' and inserting `designated as a joint qualified officer'; and
          (B) in subparagraph (B), by striking `selection for the joint specialty' and inserting `designation as a joint qualified officer,';
       (2) in paragraph (2), by striking `with the joint specialty' and inserting `designated as a joint qualified officer';
       (3) in paragraph (3), by striking `selected for the joint specialty' each place it appears and inserting `designated as a joint qualified officer';
       (4) in paragraph (4)--
          (A) in subparagraph (A), by striking `selected for the joint specialty' and inserting `designated as a joint qualified officer'; and
          (B) by striking subparagraph (B) and inserting the following new subparagraph:
                   `(B) a comparison of the number of officers who were designated as a joint qualified officer who had served in a Joint Duty Assignment List billet and completed Joint Professional Military Education Phase II, with the number designated as a joint qualified officer based on their aggregated joint experiences and completion of Joint Professional Military Education Phase II.';
       (5) by striking paragraphs (5) through (10), (13), and (16), and redesignating paragraphs (11), (12), (14), (15), (17), and (18) as paragraphs (7), (8), (9), (10), (12), and (13), respectively;
       (6) by inserting after paragraph (4) the following new paragraphs:
                `(5) The promotion rate for officers designated as a joint qualified officer, compared with the promotion rate for other officers considered for promotion from within the promotion zone in the same pay grade and the same competitive category. A similar comparison will be made for officers both below the promotion zone and above the promotion zone.
                `(6) An analysis of assignments of officers after their designation as a joint qualified officer.'; and
       (7) by inserting after paragraph (10), as redesignated by paragraph (5) of this subsection, the following new paragraph (11):
                `(11) The number of officers in the grade of captain (or in the case of the Navy, lieutenant) and above certified at each level of joint qualification as established in regulation and policy by the Secretary of Defense with the advice of the Chairman of the Joint Chiefs of Staff. Such numbers shall be reported by service and grade of the officer.'.

#### SEC. 523. PROMOTION POLICY OBJECTIVES FOR JOINT QUALIFIED OFFICERS.

Section 662 of title 10, United States Code, is amended--
       (1) in subsection (a)(2), by striking `officers who are serving or have served in joint duty assignments' and inserting `officers in the grade of major (or in the case of the Navy, lieutenant commander) or above who have been designated as a joint qualified officer'; and
       (2) in subsection (b), by inserting after `joint duty assignments' the following: `or on the Joint Staff, and officers who have been designated as a joint qualified officer in the grades of major (or in the case of the Navy, lieutenant commander) through colonel (or in the case of the Navy, captain)'.

#### SEC. 524. LENGTH OF JOINT DUTY ASSIGNMENTS.

    (a) Service Excluded From Tour Length- Subsection (d) of section 664 of title 10, United States Code, is amended--
       (1) in paragraph (1), by striking subparagraph (D) and inserting the following new subparagraph (D):
                   `(D) a qualifying reassignment from a joint duty assignment--
                      `(i) for unusual personal reasons, including extreme hardship and medical conditions, beyond the control of the officer or the armed forces; or
                      `(ii) to another joint duty assignment immediately after--
                         `(I) the officer was promoted to a higher grade, if the reassignment was made because no joint duty assignment was available within the same organization that was commensurate with the officer's new grade; or
                         `(II) the officer's position was eliminated in a reorganization.'; and
       (2) by striking paragraph (3) and inserting the following new paragraph (3):
                `(3) Service in a joint duty assignment in a case in which the officer's tour of duty in that assignment brings the officer's accrued service for purposes of subsection (f)(3) to the applicable standard prescribed in subsection (a).'.
    (b) Computing Average Length of Joint Duty Assignments- Subsection (e) of such section is amended by striking paragraph (2) and inserting the following new paragraph (2):
                `(2) In computing the average length of joint duty assignments for purposes of paragraph (1), the Secretary may exclude the following service:
                   `(A) Service described in subsection (c).
                   `(B) Service described in subsection (d).
                   `(C) Service described in subsection (f)(6).'.
    (c) Completion of Tour of Duty- Subsection (f) of such section is amended--
       (1) in paragraph (3), by striking `Cumulative service' and inserting `Accrued joint experience';
       (2) in paragraph (4), by striking `(except' and all that follows through `any time)'; and
       (3) by striking paragraph (6) and inserting the following new paragraph (6):
                `(6) A second and subsequent joint duty assignment that is less than the period required under subsection (a), but not less than two years.'.
    (d) Accrued Joint Experience as Full Tour of Duty- Subsection (g) of such section is amended to read as follows:
                `(g) Accrued Joint Experience- For the purposes of subsection (f)(3), the Secretary of Defense may prescribe, by regulation, certain joint experience, such as temporary duty in joint assignments, joint individual training, and participation in joint exercises, that may be aggregated to equal a full tour of duty. The Secretary shall prescribe the regulations with the advice of the Chairman of the Joint Chiefs of Staff.'.
    (e) Constructive Credit- Subsection (h) of such section is amended--
       (1) in paragraph (1), by striking `subsection (f)(1), (f)(2), (f)(4), or (g)(2)' and inserting `paragraphs (1), (2), and (4) of subsection (f)'; and
       (2) by striking paragraph (3).
    (f) Repeal of Joint Duty Credit for Certain Joint Task Force Assignments- Such section is further amended by striking subsection (i).

#### SEC. 525. DESIGNATION OF GENERAL AND FLAG OFFICER POSITIONS ON JOINT STAFF AS POSITIONS TO BE HELD ONLY BY RESERVE COMPONENT OFFICERS.

Section 526(b)(2)(A) of title 10, United States Code, is amended by striking `a general and flag officer position' and inserting `up to three general and flag officer positions'.

#### SEC. 526. MODIFICATION OF LIMITATIONS ON AUTHORIZED STRENGTHS OF RESERVE GENERAL AND FLAG OFFICERS IN ACTIVE STATUS SERVING IN JOINT DUTY ASSIGNMENTS.

    (a) Exclusion of army and Air Force Officers Serving in Joint Duty Assignments- Subsection (b) of section 12004 of title 10, United States Code, is amended by adding at the end the following new paragraph;
                `(4) Those serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who may be excluded under this paragraph may not exceed the number equal to 20 percent of the number of officers authorized for the armed force concerned by subsection (a).'.
    (b) Exclusion of Navy Officers Serving in Joint Duty Assignments- Subsection (c) of such section is amended--
       (1) by redesignating paragraphs (2), (3), and (4) as paragraphs (3), (4), and (5), respectively; and
       (2) in paragraph (1), by striking `(1)' and all that follows through `as follows:' and inserting the following:
                `(1) The following Navy reserve officers shall not be counted for purposes of this section:
                   `(A) Those counted under section 526 of this title.
                   `(B) Those serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who may be excluded under this paragraph may not exceed the number equal to 20 percent of the number of officers authorized for the Navy in subsection (a).
                `(2) Of the number of Navy reserve officers authorized by subsection (a), 40 are distributed among the line and staff corps as follows:'.
    (c) Exclusion of Marine Corps Officers Serving in Joint Duty Assignments- Subsection (d) of such section is amended to read as follows:
             `(d) The following Marine Corps reserve officers shall not be counted for purposes of this section:
                `(1) Those counted under section 526 of this title.
                `(2) Those serving in a joint duty assignment for purposes of chapter 38 of this title, except that the number of officers who may be excluded under this paragraph may not exceed the number equal to 20 percent of the number of officers authorized for the Marine Corps in subsection (a).'.

#### SEC. 527. REPORTS ON JOINT EDUCATION COURSES AVAILABLE THROUGH THE DEPARTMENT OF DEFENSE.

    (a) Reports Required- Not later than April 1 of each of 2009, 2010, and 2011, the Chairman of the Joint Chiefs of Staff shall submit to Congress a report setting forth information on the joint education courses available through the Department of Defense for purposes of the pursuit of joint careers by officers in the Armed Forces.
    (b) Elements- Each report under subsection (a) shall include, for the preceding year covered by the report, the following:
       (1) A list and description of the joint education courses available during the year covered by the report.
       (2) A list and description of the joint education courses listed under paragraph (1) that are available to, and may be completed by, officers of the reserve components of the Armed Forces in other than an in-resident duty status under title 10 or 32, United States Code.
       (3) For each joint education course listed under paragraph (1), the number of officers from each Armed Force who pursued the course during the year covered by the report, including the number of officers of the Army National Guard and Air National Guard who pursued the course.

### Subtitle D—General Service Authorities
#### SEC. 531. INCREASE IN MAXIMUM PERIOD OF REENLISTMENT OF REGULAR MEMBERS OF THE ARMED FORCES.

    (a) Increase to Eight-Year Maximum- Section 505(d) of title 10, United States Code, is amended--
       (1) in paragraph (2), by striking `six years' and inserting `eight years'; and
       (2) in paragraph (3)(A), by striking `six years' and inserting `eight years'.
    (b) Conforming Amendment Regarding Reenlistment Bonus- Section 308(a)(2)(A)(ii) of title 37, United States Code, is amended by striking `not to exceed six'.

#### SEC. 532. PATERNITY LEAVE FOR MEMBERS OF THE ARMED FORCES.

    (a) Leave Authorized- Section 701 of title 10, United States Code, is amended by adding at the end the following new subsection:
             `(j)(1) Under regulations prescribed by the Secretary concerned, a married member of the armed forces on active duty whose wife gives birth to a child shall receive 10 days of leave to be used in connection with the birth of the child.
                `(2) Leave under paragraph (1) is in addition to other leave authorized under this section.'.
    (b) Effective Date- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and applies only with respect to children born on or after that date.

#### SEC. 533. PILOT PROGRAMS ON CAREER FLEXIBILITY TO ENHANCE RETENTION OF MEMBERS OF THE ARMED FORCES.

    (a) Pilot Programs Authorized-
       (1) IN GENERAL- Each Secretary of a military department may carry out pilot programs under which officers and enlisted members of the regular components of the Armed Forces under the jurisdiction of such Secretary may be inactivated from active duty in order to meet personal or professional needs and returned to active duty at the end of such period of inactivation from active duty.
       (2) PURPOSE- The purpose of the pilot programs under this section shall be to evaluate whether permitting inactivation from active duty and greater flexibility in career paths for members of the Armed Forces will provide an effective means to enhance retention of members of the Armed Forces and the capacity of the Department of Defense to respond to the personal and professional needs of individual members of the Armed Forces.
    (b) Limitation on Eligible Members- A member of the Armed Forces is not eligible to participate in a pilot program under this section during any period of service required of the member--
       (1) under an agreement upon entry of the member on active duty; or
       (2) due to receipt by the member of a retention bonus as a member qualified in a critical military skill or assigned to a high priority unit under section 355 of title 37, United States Code.
    (c) Limitation on Number of Participants- Not more than 20 officers and 20 enlisted members of each Armed Force may be selected during each of calendar years 2009 through 2012 to participate in the pilot programs under this section.
    (d) Period of Inactivation From Active Duty; Effect of Inactivation-
       (1) LIMITATION- The period of inactivation from active duty under a pilot program under this section of a member participating in the pilot program shall be such period as the Secretary of the military department concerned shall specify in the agreement of the member under subsection (e), except that such period may not exceed three years.
       (2) EXCLUSION FROM COMPUTATION OF RESERVE OFFICER'S TOTAL YEARS OF SERVICE- Any service by a Reserve officer while participating in a pilot program under this section shall be excluded from computation of the officer's total years of service pursuant to section 14706(a) of title 10, United States Code.
       (3) RETIREMENT AND RELATED PURPOSES- Any period of participation of a member in a pilot program under this section shall not count toward--
          (A) eligibility for retirement or transfer to the Ready Reserve under either chapter 571 or 1223 of title 10, United States Code; or
          (B) computation of retired or retainer pay under chapter 71 or 1223 of title 10, United States Code.
    (e) Agreement- Each member of the Armed Forces who participates in a pilot program under this section shall enter into a written agreement with the Secretary of the military department concerned under which agreement that member shall agree as follows:
       (1) To accept an appointment or enlist, as applicable, and serve in the Ready Reserve of the Armed Force concerned during the period of the member's inactivation from active duty under the pilot program.
       (2) To undergo during the period of the inactivation of the member from active duty under the pilot program such inactive duty training as the Secretary concerned shall require in order to ensure that the member retains proficiency, at a level determined by the Secretary concerned to be sufficient, in the member's military skills, professional qualifications, and physical readiness during the inactivation of the member from active duty.
       (3) Following completion of the period of the inactivation of the member from active duty under the pilot program, to serve two months as a member of the Armed Forces on active duty for each month of the period of the inactivation of the member from active duty under the pilot program.
    (f) Conditions of Release- The Secretary of Defense shall issue regulations specifying the guidelines regarding the conditions of release that must be considered and addressed in the agreement required by subsection (e). At a minimum, the Secretary shall prescribe the procedures and standards to be used to instruct a member on the obligations to be assumed by the member under paragraph (2) of such subsection while the member is released from active duty.
    (g) Order to Active Duty- Under regulations prescribed by the Secretary of the military department concerned, a member of the Armed Forces participating in a pilot program under this section may, in the discretion of such Secretary, be required to terminate participation in the pilot program and be ordered to active duty.
    (h) Pay and Allowances-
       (1) BASIC PAY- During each month of participation in a pilot program under this section, a member who participates in the pilot program shall be paid basic pay in an amount equal to two-thirtieths of the amount of monthly basic pay to which the member would otherwise be entitled under section 204 of title 37, United States Code, as a member of the uniformed services on active duty in the grade and years of service of the member when the member commences participation in the pilot program.
       (2) PROHIBITION ON RECEIPT OF SPECIAL AND INCENTIVE PAYS-
          (A) PROHIBITION ON RECEIPT DURING PARTICIPATION- A member who participates in a pilot program shall not, while participating in the pilot program, be paid any special or incentive pay or bonus to which the member is otherwise entitled under an agreement under chapter 5 of title 37, United States Code, that is in force when the member commences participation in the pilot program.
          (B) TREATMENT OF REQUIRED SERVICE- The inactivation from active duty of a member participating in a pilot program shall not be treated as a failure of the member to perform any period of service required of the member in connection with an agreement for a special or incentive pay or bonus under chapter 5 of title 37, United States Code, that is in force when the member commences participation in the pilot program.
       (3) REVIVAL OF SPECIAL PAYS UPON RETURN TO ACTIVE DUTY-
          (A) REVIVAL REQUIRED- Subject to subparagraph (B), upon the return of a member to active duty after completion by the member of participation in a pilot program--
             (i) any agreement entered into by the member under chapter 5 of title 37, United States Code, for the payment of a special or incentive pay or bonus that was in force when the member commenced participation in the pilot program shall be revived, with the term of such agreement after revival being the period of the agreement remaining to run when the member commenced participation in the pilot program; and
             (ii) any special or incentive pay or bonus shall be payable to the member in accordance with the terms of the agreement concerned for the term specified in clause (i).
          (B) LIMITATIONS-
             (i) LIMITATION AT TIME OF RETURN TO ACTIVE DUTY- Subparagraph (A) shall not apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, at the time of the return of the member to active duty as described in that subparagraph--
                (I) such pay or bonus is no longer authorized by law; or
                (II) the member does not satisfy eligibility criteria for such pay or bonus as in effect at the time of the return of the member to active duty.
             (ii) CESSATION DURING LATER SERVICE- Subparagraph (A) shall cease to apply to any special or incentive pay or bonus otherwise covered by that subparagraph with respect to a member if, during the term of the revived agreement of the member under subparagraph (A)(i), such pay or bonus ceases being authorized by law.
          (C) REPAYMENT- A member who is ineligible for payment of a special or incentive pay or bonus otherwise covered by this paragraph by reason of subparagraph (B)(i)(II) shall be subject to the requirements for repayment of such pay or bonus in accordance with the terms of the applicable agreement of the member under chapter 5 of title 37, United States Code.
          (D) CONSTRUCTION OF REQUIRED SERVICE- Any service required of a member under an agreement covered by this paragraph after the member returns to active duty as described in subparagraph (A) shall be in addition to any service required of the member under an agreement under subsection (e).
       (4) CERTAIN TRAVEL AND TRANSPORTATION ALLOWANCES-
          (A) IN GENERAL- Subject to subparagraph (B), a member who participates in a pilot program is entitled, while participating in the pilot program, to the travel and transportation allowances authorized by section 404 of title 37, United States Code, for--
             (i) travel performed from the member's residence, at the time of release from active duty to participate in the pilot program, to the location in the United States designated by the member as his residence during the period of participation in the pilot program; and
             (ii) travel performed to the member's residence upon return to active duty at the end of the member's participation in the pilot program.
          (B) LIMITATION- An allowance is payable under this paragraph only with respect to travel of a member to and from a single residence.
             (i) Promotion-
       (1) OFFICERS-
          (A) LIMITATION ON PROMOTION- An officer participating in a pilot program under this section shall not, while participating in the pilot program, be eligible for consideration for promotion under chapter 36 or 1405 of title 10, United States Code.
          (B) PROMOTION AND RANK UPON RETURN TO ACTIVE DUTY- Upon the return of an officer to active duty after completion by the officer of participation in a pilot program--
             (i) the Secretary of the military department concerned shall adjust the officer's date of rank in such manner as the Secretary of Defense shall prescribe in regulations for purposes of this section; and
             (ii) the officer shall be eligible for consideration for promotion when officers of the same competitive category, grade, and seniority are eligible for consideration for promotion.
       (2) ENLISTED MEMBERS- An enlisted member participating in a pilot program shall not be eligible for consideration for promotion during the period that--
          (A) begins on the date of the member's inactivation from active duty under the pilot program; and
          (B) ends at such time after the return of the member to active duty under the pilot program that the member is treatable as eligible for promotion by reason of time in grade and such other requirements as the Secretary of the military department concerned shall prescribe in regulations for purposes of the pilot program.
    (j) Medical and Dental Care- A member participating in a pilot program under this section shall, while participating in the pilot program, be treated as a member of the Armed Forces on active duty for a period of more than 30 days for purposes of the entitlement of the member and the member's dependents to medical and dental care under the provisions of chapter 55 of title 10, United States Code.
    (k) Reports-
       (1) INTERIM REPORTS- Not later than June 1, 2011, and June 1, 2013, the Secretary of each military department shall submit to the congressional defense committees a report on the implementation and current status of the pilot programs conducted by such Secretary under this section.
       (2) FINAL REPORT- Not later than March 1, 2016, the Secretary of Defense shall submit to the congressional defense committees a report on the pilot programs conducted under this section.
       (3) ELEMENTS OF REPORT- Each interim report and the final report under this subsection shall include the following:
          (A) A description of each pilot program conducted under this section, including a description of the number of applicants for such pilot program and the criteria used to select individuals for participation in such pilot program.
          (B) An assessment by the Secretary concerned of the pilot programs, including an evaluation of whether--
             (i) the authorities of the pilot programs provided an effective means to enhance the retention of members of the Armed Forces possessing critical skills, talents, and leadership abilities;
             (ii) the career progression in the Armed Forces of individuals who participate in the pilot program has been or will be adversely affected; and
             (iii) the usefulness of the pilot program in responding to the personal and professional needs of individual members of the Armed Forces.
          (C) Such recommendations for legislative or administrative action as the Secretary concerned considers appropriate for the modification or continuation of the pilot programs.
    (l) Duration of Program Authority- The authority to conduct a pilot program under this section shall commence on January 1, 2009. No member of the Armed Forces may be released from active duty under a pilot program under this section after December 31, 2012.

### Subtitle E—Education and Training
#### SEC. 540. AUTHORIZED STRENGTH OF MILITARY SERVICE ACADEMIES AND REPEAL OF PROHIBITION ON PHASED INCREASE IN MIDSHIPMEN AND CADET STRENGTH LIMIT AT NAVAL ACADEMY AND AIR FORCE ACADEMY.

    (a) Military Academy- Section 4342(a) of title 10, United States Code, is amended by striking `4,000 or such higher number' and inserting `4,400 or such lower number'.
    (b) Naval Academy- Section 6954 of such title is amended--
       (1) in subsection (a), by striking `4,000 or such higher number' and inserting `4,400 or such lower number'; and
       (2) in subsection (h)(1), by striking the last sentence.
    (c) Air Force Academy- Section 9342 of such title is amended--
       (1) in subsection (a), by striking `4,000 or such higher number' and inserting `4,400 or such lower number'; and
       (2) in subsection (j)(1), by striking the last sentence.
    (d) Effective Date- The amendments made by this section shall apply with respect to academic years at the United States Military Academy, the United States Naval Academy, and the Air Force Academy after the 2007-2008 academic year.

#### SEC. 541. PROMOTION OF FOREIGN AND CULTURAL EXCHANGE ACTIVITIES AT MILITARY SERVICE ACADEMIES.

    (a) United States Military Academy-
       (1) IN GENERAL- Chapter 403 of title 10, United States Code, is amended by inserting after section 4345 the following new section:
          `Sec. 4345a. Foreign and cultural exchange activities
             `(a) Attendance Authorized- The Secretary of the Army may authorize the Academy to permit students, officers, and other representatives of a foreign country to attend the Academy for periods of not more than two weeks if the Secretary determines that the attendance of such persons contributes significantly to the development of foreign language, cross cultural interactions and understanding, and cultural immersion of cadets.
             `(b) Costs and Expenses- The Secretary may pay the travel, subsistence, and similar personal expenses of persons incurred to attend the Academy under subsection (a).
             `(c) Effect of Attendance- Persons attending the Academy under subsection (a) are not considered to be students enrolled at the Academy and are in addition to persons receiving instruction at the Academy under section 4344 or 4345 of this title.
             `(d) Source of Funds; Limitation- (1) The Academy shall bear the costs of the attendance of persons under subsection (a) from funds appropriated for the Academy and from such additional funds as may be available to the Academy from a source, other than appropriated funds, to support cultural immersion, regional awareness, or foreign language training activities in connection with their attendance.
                `(2) Expenditures from appropriated funds in support of activities under this section may not exceed $40,000 during any fiscal year.'.
       (2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 4345 the following new item:
          `4345a. Foreign and cultural exchange activities.'.
    (b) Naval Academy-
       (1) IN GENERAL- Chapter 603 of title 10, United States Code, is amended by inserting after section 6957a the following new section:
          `Sec. 6957b. Foreign and cultural exchange activities
             `(a) Attendance Authorized- The Secretary of the Navy may authorize the Naval Academy to permit students, officers, and other representatives of a foreign country to attend the Naval Academy for periods of not more than two weeks if the Secretary determines that the attendance of such persons contributes significantly to the development of foreign language, cross cultural interactions and understanding, and cultural immersion of midshipmen.
             `(b) Costs and Expenses- The Secretary may pay the travel, subsistence, and similar personal expenses of persons incurred to attend the Naval Academy under subsection (a).
             `(c) Effect of Attendance- Persons attending the Naval Academy under subsection (a) are not considered to be students enrolled at the Naval Academy and are in addition to persons receiving instruction at the Naval Academy under section 6957 or 6957a of this title.
             `(d) Source of Funds; Limitation- (1) The Naval Academy shall bear the costs of the attendance of persons under subsection (a) from funds appropriated for the Naval Academy and from such additional funds as may be available to the Naval Academy from a source, other than appropriated funds, to support cultural immersion, regional awareness, or foreign language training activities in connection with their attendance.
                `(2) Expenditures from appropriated funds in support of activities under this section may not exceed $40,000 during any fiscal year.'.
       (2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 6957a the following new item:
          `6957b. Foreign and cultural exchange activities.'.
    (c) Air Force Academy-
       (1) IN GENERAL- Chapter 903 of title 10, United States Code, is amended by inserting after section 9345 the following new section:
          `Sec. 9345a. Foreign and cultural exchange activities
             `(a) Attendance Authorized- The Secretary of the Air Force may authorize the Air Force Academy to permit students, officers, and other representatives of a foreign country to attend the Air Force Academy for periods of not more than two weeks if the Secretary determines that the attendance of such persons contributes significantly to the development of foreign language, cross cultural interactions and understanding, and cultural immersion of cadets.
             `(b) Costs and Expenses- The Secretary may pay the travel, subsistence, and similar personal expenses of persons incurred to attend the Air Force Academy under subsection (a).
             `(c) Effect of Attendance- Persons attending the Air Force Academy under subsection (a) are not considered to be students enrolled at the Air Force Academy and are in addition to persons receiving instruction at the Air Force Academy under section 9344 or 9345 of this title.
             `(d) Source of Funds; Limitation- (1) The Air Force Academy shall bear the costs of the attendance of persons under subsection (a) from funds appropriated for the Air Force Academy and from such additional funds as may be available to the Air Force Academy from a source, other than appropriated funds, to support cultural immersion, regional awareness, or foreign language training activities in connection with their attendance.
                `(2) Expenditures from appropriated funds in support of activities under this section may not exceed $40,000 during any fiscal year.'.
       (2) CLERICAL AMENDMENT- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 9345 the following new item:
          `9345a. Foreign and cultural exchange activities.'.

#### SEC. 542. INCREASED AUTHORITY TO ENROLL DEFENSE INDUSTRY EMPLOYEES IN DEFENSE PRODUCT DEVELOPMENT PROGRAM.

Section 7049(a) of title 10, United States Code, is amended by striking `25' and inserting `125'.

#### SEC. 543. EXPANDED AUTHORITY FOR INSTITUTIONS OF PROFESSIONAL MILITARY EDUCATION TO AWARD DEGREES.

    (a) National Defense Intelligence College-
       (1) IN GENERAL- Section 2161 of title 10, United States Code, is amended to read as follows:
          `Sec. 2161. Degree granting authority for National Defense Intelligence College
             `(a) Authority- Under regulations prescribed by the Secretary of Defense, the President of the National Defense Intelligence College may, upon the recommendation of the faculty of the National Defense Intelligence College, confer appropriate degrees upon graduates who meet the degree requirements.
             `(b) Limitation- A degree may not be conferred under this section unless--
                `(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and
                `(2) the National Defense Intelligence College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.
             `(c) Congressional Notification Requirements- (1) When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives--
                   `(A) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education's National Advisory Committee on Institutional Quality and Integrity; and
                   `(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.
                `(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.
                `(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the National Defense Intelligence College to award any new or existing degree.'.
       (2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 108 of such title is amended by striking the item relating to section 2161 and inserting the following new item:
          `2161. Degree granting authority for National Defense Intelligence College.'.
    (b) National Defense University-
       (1) IN GENERAL- Section 2163 of such title is amended to read as follows:
          `Sec. 2163. Degree granting authority for National Defense University
             `(a) Authority- Under regulations prescribed by the Secretary of Defense, the President of the National Defense University may, upon the recommendation of the faculty of the National Defense University, confer appropriate degrees upon graduates who meet the degree requirements.
             `(b) Limitation- A degree may not be conferred under this section unless--
                `(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and
                `(2) the National Defense University is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.
             `(c) Congressional Notification Requirements- (1) When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives--
                   `(A) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education's National Advisory Committee on Institutional Quality and Integrity; and
                   `(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.
                `(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.
                `(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the National Defense University to award any new or existing degree.'.
       (2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 108 of such title is amended by striking the item relating to section 2163 and inserting the following new item:
          `2163. Degree granting authority for National Defense University.'.
    (c) United States Army Command and General Staff College-
       (1) IN GENERAL- Section 4314 of such title is amended to read as follows:
          `Sec. 4314. Degree granting authority for United States Army Command and General Staff College
             `(a) Authority- Under regulations prescribed by the Secretary of the Army, the Commandant of the United States Army Command and General Staff College may, upon the recommendation of the faculty and dean of the college, confer appropriate degrees upon graduates who meet the degree requirements.
             `(b) Limitation- A degree may not be conferred under this section unless--
                `(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and
                `(2) the United States Army Command and General Staff College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.
             `(c) Congressional Notification Requirements- (1) When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives--
                   `(A) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education's National Advisory Committee on Institutional Quality and Integrity; and
                   `(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.
                `(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.
                `(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the United States Army Command and General Staff College to award any new or existing degree.'.
       (2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 401 of such title is amended by striking the item relating to section 4314 and inserting the following new item:
          `4314. Degree granting authority for United States Army Command and General Staff College.'.
    (d) United States Army War College-
       (1) IN GENERAL- Section 4321 of title 10, United States Code, is amended to read as follows:
          `Sec. 4321. Degree granting authority for United States Army War College
             `(a) Authority- Under regulations prescribed by the Secretary of the Army, the Commandant of the United States Army War College may, upon the recommendation of the faculty and dean of the college, confer appropriate degrees upon graduates who meet the degree requirements.
             `(b) Limitation- A degree may not be conferred under this section unless--
                `(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and
                `(2) the United States Army War College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.
             `(c) Congressional Notification Requirements- (1) When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives--
                   `(A) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education's National Advisory Committee on Institutional Quality and Integrity; and
                   `(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.
                `(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.
                `(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the United States Army War College to award any new or existing degree.'.
       (2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 401 of such title is amended by striking the item relating to section 4321 and inserting the following new item:
          `4321. Degree granting authority for United States Army War College.'.
    (e) United States Naval Postgraduate School-
       (1) IN GENERAL- Section 7048 of such title is amended to read as follows:
          `Sec. 7048. Degree granting authority for United States Naval Postgraduate School
             `(a) Authority- Under regulations prescribed by the Secretary of the Navy, the President of the Naval Postgraduate School may, upon the recommendation of the faculty of the Naval Postgraduate School, confer appropriate degrees upon graduates who meet the degree requirements.
             `(b) Limitation- A degree may not be conferred under this section unless--
                `(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and
                `(2) the Naval Postgraduate School is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.
             `(c) Congressional Notification Requirements- (1) When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives--
                   `(A) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education's National Advisory Committee on Institutional Quality and Integrity; and
                   `(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.
                `(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.
                `(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the Naval Postgraduate School to award any new or existing degree.'.
       (2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 605 of such title is amended by striking the item relating to section 7048 and inserting the following new item:
          `7048. Degree granting authority for United States Naval Postgraduate School.'.
    (f) Naval War College-
       (1) IN GENERAL- Section 7101 of such title is amended to read as follows:
          `Sec. 7101. Degree granting authority for Naval War College
             `(a) Authority- Under regulations prescribed by the Secretary of the Navy, the President of the Naval War College may, upon the recommendation of the faculty of the Naval War College components, confer appropriate degrees upon graduates who meet the degree requirements.
             `(b) Limitation- A degree may not be conferred under this section unless--
                `(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and
                `(2) the Naval War College is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.
             `(c) Congressional Notification Requirements- (1) When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives--
                   `(A) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education's National Advisory Committee on Institutional Quality and Integrity; and
                   `(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.
                `(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.
                `(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the Naval War College to award any new or existing degree.'.
       (2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 609 of such title is amended by striking the item relating to section 7101 and inserting the following new item:
          `7101. Degree granting authority for Naval War College.'.
    (g) Marine Corps University-
       (1) IN GENERAL- Section 7102 of such title is amended to read as follows:
          `Sec. 7102. Degree granting authority for Marine Corps University
             `(a) Authority- Under regulations prescribed by the Secretary of the Navy, the President of the Marine Corps University may, upon the recommendation of the directors and faculty of the Marine Corps University, confer appropriate degrees upon graduates who meet the degree requirements.
             `(b) Limitation- A degree may not be conferred under this section unless--
                `(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and
                `(2) the Marine Corps University is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.
             `(c) Congressional Notification Requirements- (1) When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives--
                   `(A) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education's National Advisory Committee on Institutional Quality and Integrity; and
                   `(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.
                `(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.
                `(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the Marine Corps University to award any new or existing degree.
             `(d) Board of Advisors- The Secretary of the Navy shall establish a board of advisors for the Marine Corps University. The Secretary shall ensure that the board is established so as to meet all requirements of the appropriate regional accrediting association.'.
       (2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 609 of such title is amended by striking the item relating to section 7102 and inserting the following new item:
          `7102. Degree granting authority for Marine Corps University.'.
    (h) United States Air Force Institute of Technology-
       (1) IN GENERAL- Section 9314 of such title is amended to read as follows:
          `Sec. 9314. Degree granting authority for United States Air Force Institute of Technology
             `(a) Authority- Under regulations prescribed by the Secretary of the Air Force, the commander of the Air University may, upon the recommendation of the faculty of the United States Air Force Institute of Technology, confer appropriate degrees upon graduates of the United States Air Force Institute of Technology who meet the degree requirements.
             `(b) Limitation- A degree may not be conferred under this section unless--
                `(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and
                `(2) the United States Air Force Institute of Technology is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.
             `(c) Congressional Notification Requirements- (1) When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives--
                   `(A) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education's National Advisory Committee on Institutional Quality and Integrity; and
                   `(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.
                `(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.
                `(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the United States Air Force Institute of Technology to award any new or existing degree.
             `(d) Civilian Faculty- (1) The Secretary of the Air Force may employ as many civilian faculty members at the United States Air Force Institute of Technology as is consistent with the needs of the Air Force and with Department of Defense personnel limits.
                `(2) The Secretary shall prescribe regulations determining--
                   `(A) titles and duties of civilian members of the faculty; and
                   `(B) pay of civilian members of the faculty, notwithstanding chapter 53 of title 5, but subject to the limitation set out in section 5373 of title 5.
             `(e) Reimbursement and Tuition- (1) The Department of the Army, the Department of the Navy, and the Department of Homeland Security shall bear the cost of the instruction at the Air Force Institute of Technology that is received by members of the armed forces detailed for that instruction by the Secretaries of the Army, Navy, and Homeland Security, respectively.
                `(2) Members of the Army, Navy, Marine Corps, and Coast Guard may only be detailed for instruction at the Institute on a space-available basis.
                `(3) In the case of an enlisted member of the Army, Navy, Marine Corps, and Coast Guard permitted to receive instruction at the Institute, the Secretary of the Air Force shall charge that member only for such costs and fees as the Secretary considers appropriate (taking into consideration the admission of enlisted members on a space-available basis).
             `(f) Acceptance of Research Grants- (1) The Secretary of the Air Force may authorize the Commandant of the United States Air Force Institute of Technology to accept qualifying research grants. Any such grant may only be accepted if the work under the grant is to be carried out by a professor or instructor of the Institute for a scientific, literary, or educational purpose.
                `(2) A qualifying research grant under this subsection is a grant that is awarded on a competitive basis by an entity referred to in paragraph (3) for a research project with a scientific, literary, or educational purpose.
                `(3) A grant may be accepted under this subsection only from a corporation, fund, foundation, educational institution, or similar entity that is organized and operated primarily for scientific, literary, or educational purposes.
                `(4) The Secretary shall establish an account for administering funds received as research grants under this section. The Commandant of the Institute shall use the funds in the account in accordance with applicable provisions of the regulations and the terms and condition of the grants received.
                `(5) Subject to such limitations as may be provided in appropriations Acts, appropriations available for the Institute may be used to pay expenses incurred by the Institute in applying for, and otherwise pursuing, the award of qualifying research grants.
                `(6) The Secretary shall prescribe regulations for the administration of this subsection.'.
       (2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 901 of such title is amended by striking the item relating to section 9314 and inserting the following new item:
          `9314. Degree granting authority for United States Air Force Institute of Technology.'.
    (i) Air University-
       (1) IN GENERAL- Section 9317 of such title is amended to read as follows:
          `Sec. 9317. Degree granting authority for Air University
             `(a) Authority- Except as provided in sections 9314 and 9315 of this title, under regulations prescribed by the Secretary of the Air Force, the commander of the Air University may, upon the recommendation of the faculty of the Air University components, confer appropriate degrees upon graduates who meet the degree requirements.
             `(b) Limitation- A degree may not be conferred under this section unless--
                `(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and
                `(2) the Air University is accredited by the appropriate civilian academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.
             `(c) Congressional Notification Requirements- (1) When seeking to establish degree granting authority under this section, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives--
                   `(A) a copy of the self assessment questionnaire required by the Federal Policy Governing Granting of Academic Degrees by Federal Agencies, at the time the assessment is submitted to the Department of Education's National Advisory Committee on Institutional Quality and Integrity; and
                   `(B) the subsequent recommendations and rationale of the Secretary of Education regarding the establishment of the degree granting authority.
                `(2) Upon any modification or redesignation of existing degree granting authority, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing the rationale for the proposed modification or redesignation and any subsequent recommendation of the Secretary of Education on the proposed modification or redesignation.
                `(3) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing an explanation of any action by the appropriate academic accrediting agency or organization not to accredit the Air University to award any new or existing degree.'.
       (2) CLERICAL AMENDMENT- The table of sections at the beginning of chapter 901 of such title is amended by striking the item relating to section 9317 and inserting the following new item:
          `9317. Degree granting authority for Air University.'.
    (j) Effective Date- The amendments made by this section shall apply to any degree granting authority established, modified, or redesignated on or after the date of enactment of this Act for an institution of professional military education referred to in such amendments.

#### SEC. 544. TUITION FOR ATTENDANCE OF FEDERAL EMPLOYEES AT THE UNITED STATES AIR FORCE INSTITUTE OF TECHNOLOGY.

Subsection (e) of section 9314 of title 10, United States Code, as amended by section 543(h), is further amended by adding at the end the following new paragraphs:
                `(4)(A) The Institute shall charge tuition for the cost of providing instruction at the Institute for any civilian employee of a military department (other than a civilian employee of the Department of the Air Force), of another component of the Department of Defense, or of another Federal agency who receives instruction at the Institute.
                   `(B) The cost of any tuition charged an individual under this paragraph shall be borne by the department, agency, or component sending the individual for instruction at the Institute.
                `(5) Amounts received by the Institute for the instruction of students under this subsection shall be retained by the Institute. Such amounts shall be available to the Institute to cover the costs of such instruction. The source and disposition of such amounts shall be specifically identified in the records of the Institute.'.

#### SEC. 545. INCREASE IN NUMBER OF PERMANENT PROFESSORS AT THE UNITED STATES AIR FORCE ACADEMY.

Section 9331(b)(4) of title 10, United States Code, is amended by striking `21 permanent professors' and inserting `23 permanent professors'.

#### SEC. 546. REQUIREMENT OF COMPLETION OF SERVICE UNDER HONORABLE CONDITIONS FOR PURPOSES OF ENTITLEMENT TO EDUCATIONAL ASSISTANCE FOR RESERVE COMPONENT MEMBERS SUPPORTING CONTINGENCY OPERATIONS.

    (a) Requirement of Honorable Service- Section 16164(a)(2) of title 10, United States Code, is amended by striking `other than dishonorable conditions' and inserting `honorable conditions'.
    (b) Effective Date- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to a person described in section 16163 of title 10, United States Code, who--
       (1) separates from a reserve component on or after January 28, 2008, the date of the enactment of the National Defense Authorization Act for Fiscal Year 2008; and
       (2) as of the date of the enactment of this Act, has not used any of the person's entitlement to educational assistance under chapter 1607 of such title.

#### SEC. 547. CONSISTENT EDUCATION LOAN REPAYMENT AUTHORITY FOR HEALTH PROFESSIONALS IN REGULAR COMPONENTS AND SELECTED RESERVE.

Section 16302(c) of title 10, United States Code, is amended by striking paragraphs (2) and (3) and inserting the following new paragraph:
                `(2) The annual maximum amount of a loan that may be repaid under this section shall be the same as the maximum amount in effect for the same year under subsection (e)(2) of section 2173 of this title for the education loan repayment program under such section.'.

#### SEC. 548. INCREASE IN NUMBER OF UNITS OF JUNIOR RESERVE OFFICERS' TRAINING CORPS.

    (a) Plan for Increase- The Secretary of Defense, in consultation with the Secretaries of the military departments, shall develop and implement a plan to establish and support, not later than September 30, 2020, not less than 3,700 units of the Junior Reserve Officers' Training Corps.
    (b) Exceptions- The requirement imposed in subsection (a) shall not apply--
       (1) if the Secretary fails to receive an adequate number or requests for Junior Reserve Officers' Training Corps units by public and private secondary educational institutions; or
       (2) during a time of national emergency when the Secretaries of the military departments determine that funding must be allocated elsewhere.
    (c) Cooperation- The Secretary of Defense, as part of the plan to establish and support additional Junior Reserve Officers' Training Corps units, shall work with local educational agencies to increase the employment in Junior Reserve Officers' Training Corps units of retired members of the Armed Forces who are retired under chapter 61 of title 10, United States Code, especially members who were wounded or injured while deployed in a contingency operation.
    (d) Report on Plan- Upon completion of the plan, the Secretary of Defense shall provide a report to the congressional defense committees containing, at a minimum, the following:
       (1) A description of how the Secretaries of the military departments expect to achieve the number of units of the Junior Reserve Officers' Training Corps specified in subsection (a), including how many units will be established per year by each service.
       (2) The annual funding necessary to support the increase in units, including the personnel costs associated.
       (3) The number of qualified private and public schools, if any, who have requested a Junior Reserve Officers' Training Corps unit that are on a waiting list.
       (4) Efforts to improve the increased distribution of units geographically across the United States.
       (5) Efforts to increase distribution of units in educationally and economically deprived areas.
       (6) Efforts to enhance employment opportunities for qualified former military members retired for disability, especially those wounded while deployed in a contingency operation.
    (e) Time for Submission- The plan required under subsection (a), along with the report required by subsection (d), shall be submitted to the congressional defense committees not later than March 31, 2009. The Secretary of Defense shall submit an up-dated report annually thereafter until the minimum number of units of the Junior Reserve Officers' Training Corps specified in subsection (a) is achieved.

#### SEC. 549. CORRECTION OF ERRONEOUS ARMY COLLEGE FUND BENEFIT AMOUNTS.

    (a) Correction and Payment Authority-
       (1) CONSIDERATION OF REQUESTS FOR CORRECTION- The Secretary of the Army may consider, through the Army Board for the Correction of Military Records, a request for the correction of military records relating to the amount of the Army College Fund benefit to which a member or former member of the Armed Forces may be entitled under an Army Incentive Program contract.
       (2) PAYMENT AUTHORITY- If the Secretary of the Army determines that the correction of military records is appropriate in response to a request received under paragraph (1), the Secretary may pay such amounts as the Secretary considers necessary to ensure fairness and equity with regard to the request.
    (b) Exception to Payment Limits- A payment under subsection (a)(2) may be made without regard to any limits on the total combined amounts established for the Army College Fund and the Montgomery G.I. Bill.
    (c) Funding Source- Payments under subsection (a)(2) shall be made solely from funds appropriated for military personnel programs for fiscal year 2009.
    (d) Termination Date- No payment may be made under subsection (a)(2) after December 31, 2009.

#### SEC. 550. ENHANCING EDUCATION PARTNERSHIPS TO IMPROVE ACCESSIBILITY AND FLEXIBILITY FOR MEMBERS OF THE ARMED FORCES.

    (a) Authority- The Secretary of a military department may enter into one or more education partnership agreements with educational institutions in the United States for the purpose of--
       (1) developing plans to improve the accessibility and flexibility of college courses available to eligible members of the Armed Forces;
       (2) improving the application process for the Armed Forces tuition assistance programs and raising awareness regarding educational opportunities available to such members;
       (3) developing curriculum, distance education programs, and career counseling designed to meet the professional, financial, academic, and social needs of such members; and
       (4) assessing how resources may be applied more effectively to meet the educational needs of such members.
    (b) Cost- Except as provided in this section, execution of an education partnership agreement with an educational institution shall be at no cost to the Government.
    (c) Educational Institution Defined- In this section, the term `educational institution' means an accredited college, university, or technical school in the United States.

### Subtitle F—Defense Dependents' Education
#### SEC. 551. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDUCATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE CIVILIAN EMPLOYEES.

    (a) Assistance to Schools With Significant Numbers of Military Dependent Students- Of the amount authorized to be appropriated for fiscal year 2009 pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $35,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat. 3271; 20 U.S.C. 7703b).
    (b) Assistance to Schools With Enrollment Changes Due to Base Closures, Force Structure Changes, or Force Relocations- Of the amount authorized to be appropriated for fiscal year 2009 pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $15,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (b) of such section 572.
    (c) Local Educational Agency Defined- In this section, the term `local educational agency' has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).

#### SEC. 552. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES.

Of the amount authorized to be appropriated for fiscal year 2009 pursuant to section 301(5) for operation and maintenance for Defense-wide activities, $5,000,000 shall be available for payments under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106-398; 114 Stat. 1654A-77; 20 U.S.C. 7703a).

#### SEC. 553. TRANSITION OF MILITARY DEPENDENT STUDENTS AMONG LOCAL EDUCATIONAL AGENCIES.

Subsection (d) of section 574 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364; 120 Stat. 2227; 20 U.S.C. 7703b note) is amended to read as follows:
             `(d) Transition of Military Dependents Among Local Educational Agencies- (1) The Secretary of Defense shall work collaboratively with the Secretary of Education in any efforts to ease the transitions of military dependent students from Department of Defense dependent schools to other schools and among schools of local educational agencies.
                `(2) The Secretary of Defense may use funds of the Department of Defense Education Activity for the following purposes:
                   `(A) To share expertise and experience of the Activity with local educational agencies as military dependent students make the transitions described in paragraph (1), including transitions resulting from the closure or realignment of military installations under a base closure law, global rebasing, and force restructuring.
                   `(B) To provide programs for local educational agencies with military dependent students undergoing the transitions described in paragraph (1), including--
                      `(i) distance learning programs; and
                      `(ii) training programs to improve the ability of military dependent students who attend public schools in the United States and their teachers to meet the educational needs of such students.
                `(3) The authority provided by this subsection expires September 30, 2013.'.

#### SEC. 554. CALCULATION OF PAYMENTS FOR ELIGIBLE FEDERALLY CONNECTED CHILDREN UNDER DEPARTMENT OF EDUCATION'S IMPACT AID PROGRAM.

In fiscal year 2009, section 8003(a)(2)(C)(i) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(a)(2)(C)(i)) shall be applied by substituting `5,000' for `6,500'.

### Subtitle G—Military Justice
#### SEC. 561. EFFECTIVE PERIOD OF MILITARY PROTECTIVE ORDERS.

    (a) In General- Chapter 80 of title 10, United States Code, is amended by adding at the end the following new section:
          `SEC. 1567. DURATION OF MILITARY PROTECTIVE ORDERS.
          `A military protective order issued by a military commander shall remain in effect until such time as the military commander terminates the order or issues a replacement order.'.
    (b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
          `1567. Duration of military protective orders.'.

#### SEC. 562. MANDATORY NOTIFICATION OF ISSUANCE OF MILITARY PROTECTIVE ORDER TO CIVILIAN LAW ENFORCEMENT.

    (a) In General- Chapter 80 of title 10, United States Code, is amended by inserting after section 1567, as added by section 561, the following new section:
          `SEC. 1567a. MANDATORY NOTIFICATION OF ISSUANCE OF MILITARY PROTECTIVE ORDER TO CIVILIAN LAW ENFORCEMENT.
             `(a) Initial Notification- In the event a military protective order is issued against a member of the armed forces and any individual involved in the order does not reside on a military installation at any time during the duration of the military protective order, the commander of the military installation shall notify the appropriate civilian authorities of--
                `(1) the issuance of the protective order; and
                `(2) the individuals involved in the order.
             `(b) Notification of Changes or Termination- The commander of the military installation also shall notify the appropriate civilian authorities of--
                `(1) any change made in a protective order covered by subsection (a); and
                `(2) the termination of the protective order.'.
    (b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1567 the following new item:
          `1567a. Mandatory notification of issuance of military protective order to civilian law enforcement.'.

#### SEC. 563. IMPLEMENTATION OF INFORMATION DATABASE ON SEXUAL ASSAULT INCIDENTS IN THE ARMED FORCES.

    (a) Database Required- The Secretary of Defense shall implement a centralized, case-level database for the collection, in a manner consistent with Department of Defense regulations for restricted reporting, and maintenance of information regarding sexual assaults involving a member of the Armed Forces, including information, if available, about the nature of the assault, the victim, the offender, and the outcome of any legal proceedings in connection with the assault.
    (b) Availability of Database- The database required by subsection (a) shall be available to personnel of the Sexual Assault Prevention and Response Office of the Department of Defense.
    (c) Implementation-
       (1) PLAN FOR IMPLEMENTATION- Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan to provide for the implementation of the database required by subsection (a).
       (2) RELATION TO DEFENSE INCIDENT-BASED REPORTING SYSTEM- Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report containing--
          (A) a description of the current status of the Defense Incident-Based Reporting System; and
          (B) an explanation of how the Defense Incident-Based Reporting System will relate to the database required by subsection (a).
       (3) COMPLETION- Not later than 15 months after the date of enactment of this Act, the Secretary shall complete implementation of the database required by subsection (a).
    (d) Reports- The database required by subsection (a) shall be used to develop and implement congressional reports, as required by--
       (1) section 577(f) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375);
       (2) section 596(c) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163);
       (3) section 532 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364); and
       (4) sections 4361, 6980, and 9361 of title 10, United States Code.
    (e) Terminology- Section 577(b) of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375) is amended by adding at the end the following new paragraph:
                `(12) The Secretary shall implement clear, consistent, and streamlined sexual assault terminology for use throughout the Department of Defense.'.

### Subtitle H—Decorations, Awards, and Honorary Promotions
#### SEC. 571. REPLACEMENT OF MILITARY DECORATIONS.

    (a) Replacement Required- Chapter 57 of title 10, United States Code, is amended by adding at the end the following new section:
          `Sec. 1135. Replacement of military decorations
             `(a) Replacement- In addition to other authorities available to the Secretary concerned to replace a military decoration, the Secretary concerned shall replace, on a one-time basis and without charge, a military decoration upon the request of the recipient of the military decoration or the immediate next of kin of a deceased recipient.
             `(b) Military Decoration Defined- In this section, the term `decoration' means any decoration or award (other than the medal of honor) that may be presented or awarded by the President or the Secretary concerned to a member of the armed forces.'.
       (b) Clerical Amendment- The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
          `1135. Replacement of military decorations.'.

#### SEC. 572. AUTHORIZATION AND REQUEST FOR AWARD OF MEDAL OF HONOR TO RICHARD L. ETCHBERGER FOR ACTS OF VALOR DURING THE VIETNAM WAR.

    (a) Authorization- Notwithstanding the time limitations specified in section 8744 of title 10, United States Code, or any other time limitation with respect to the awarding of certain medals to persons who served in the Armed Forces, the President is authorized and requested to award the Medal of Honor under section 8741 of such title to former Chief Master Sergeant Richard L. Etchberger for the acts of valor during the Vietnam War described in subsection (b).
    (b) Acts of Valor Described- The acts of valor referred to in subsection (a) are the actions of then Chief Master Sergeant Richard L. Etchberger as Ground Radar Superintendent of Detachment 1, 1043rd Radar Evaluation Squadron on March 11, 1968, during the Vietnam War for which he was originally awarded the Air Force Cross.

### Subtitle I—Military Families
#### SEC. 581. PRESENTATION OF BURIAL FLAG TO THE SURVIVING SPOUSE AND CHILDREN OF DECEASED MEMBERS OF THE ARMED FORCES.

    (a) Inclusion of Surviving Spouse and Children; Consolidation of Flag-Related Authorities- Subsection (e) of section 1482 of title 10, United States Code, is amended--
       (1) by designating the current text as paragraph (2) and redesignating current paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
       (2) by inserting before paragraph (2), as so designated, the following:
             `(e) Presentation of Flag of the United States- (1) In the case of a decedent covered by section 1481 of this title, the Secretary concerned may pay the necessary expenses for the presentation of a flag of the United States to the following persons:
                   `(A) The person designated under subsection (c) to direct disposition of the remains of the decedent.
                   `(B) The parents or parent of the decedent, if the person to be presented a flag under subparagraph (A) is other than a parent of the decedent.
                   `(C) The surviving spouse of the decedent (including a surviving spouse who remarries after the decedent's death), if the person to be presented a flag under subparagraph (A) is other than the surviving spouse.
                   `(D) Each child of the decedent, regardless of whether the person to be presented a flag under subparagraph (A) is a child of the decedent.'; and
       (3) by inserting at the end the following new paragraphs:
                `(3) A flag to be presented to a person under subparagraph (B), (C), or (D) of paragraph (1) shall be of equal size to the flag presented under subparagraph (A) of such paragraph to the person designated to direct disposition of the remains of the decedent.
                `(4) This subsection does not apply to a military prisoner who dies while in the custody of the Secretary concerned and while under a sentence that includes a discharge.
                `(5) In this subsection:
                   `(A) The term `parent' includes a natural parent, a stepparent, a parent by adoption, or a person who for a period of not less than one year before the death of the decedent stood in loco parentis to the decedent. Preference under paragraph (1)(B) shall be given to the persons who exercised a parental relationship at the time of, or most nearly before, the death of the decedent.
                   `(B) The term `child' has the meaning prescribed by section 1477(d) of this title.'.
    (b) Repeal of Superseded Provisions- Subsection (a) of such section is amended by striking paragraphs (10) and (11).

#### SEC. 582. EDUCATION AND TRAINING OPPORTUNITIES FOR MILITARY SPOUSES.

    (a) Employment and Portable Career Opportunities for Spouses- Subchapter I of chapter 88 of title 10, United States Code, is amended by inserting after section 1784 the following new section:
          `Sec. 1784a. Education and training opportunities for military spouses to expand employment and portable career opportunities
             `(a) Programs and Tuition Assistance- (1) The Secretary of Defense may establish programs to assist the spouse of a member of the armed forces described in subsection (b) in achieving--
                   `(A) the education and training required for a degree or credential at an accredited college, university, or technical school in the United States that expands employment and portable career opportunities for the spouse; or
                   `(B) the education prerequisites and professional licensure or credential required, by a government or government sanctioned licensing body, for an occupation that expands employment and portable career opportunities for the spouse.
                `(2) As an alternative to, or in addition to, establishing a program under this subsection, the Secretary may provide tuition assistance to an eligible spouse who is pursuing education, training, or a license or credential to expand the spouse's employment and portable career opportunities.
             `(b) Eligible Spouses- Assistance under this section is limited to a spouse of a member of the armed forces who is serving on active duty.
             `(c) Exceptions- Subsection (b) does not include--
                `(1) a person who is married to, but legally separated from, a member of the armed forces under court order or statute of any State or territorial possession of the United States; and
                `(2) a spouse of a member of the armed forces who is also a member of the armed forces.
             `(d) Portable Career Opportunities Defined- In this section, the term `portable career' includes an occupation identified by the Secretary of Defense, in consultation with the Secretary of Labor, as requiring education and training that results in a credential that is recognized nationwide by industry or specific businesses.
             `(e) Regulations- The Secretary of Defense shall prescribe regulations to govern the availability and use of assistance under this section. The Secretary shall ensure that programs established under this section do not result in inequitable treatment for spouses of members of the armed forces who are also members, since they are excluded from participation in the programs under subsection (c)(2).'.
    (b) Clerical Amendment- The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 1784 the following new item:
          `1784a. Education and training opportunities for military spouses to expand employment and portable career opportunities.'.

#### SEC. 583. SENSE OF CONGRESS REGARDING HONOR GUARD DETAILS FOR FUNERALS OF VETERANS.

It is the sense of Congress that the Secretaries of the military departments should, to the maximum extent practicable, provide honor guard details for the funerals of veterans as is required under section 1491 of title 10, United States Code, as added by section 567(b) of Public Law 105-261 (112 Stat. 2030).

### Subtitle J—Other Matters
#### SEC. 591. PROHIBITION ON INTERFERENCE IN INDEPENDENT LEGAL ADVICE BY THE LEGAL COUNSEL TO THE CHAIRMAN OF THE JOINT CHIEFS OF STAFF.

Section 156(d) of title 10, United States Code, is amended--
       (1) by inserting `(1)' before `The Legal Counsel'; and
       (2) by adding at the end the following new paragraph:
                `(2) No officer or employee of the Department of Defense may interfere with the ability of the Legal Counsel to give independent legal advice to the Chairman of the Joint Chiefs of Staff and to the Joint Chiefs of Staff.'.

#### SEC. 592. INTEREST PAYMENTS ON CERTAIN CLAIMS ARISING FROM CORRECTION OF MILITARY RECORDS.

    (a) Interest Payable on Claims- Subsection (c) of section 1552 of title 10, United States Code, is amended by adding at the end the following new paragraph:
             `(4) If the correction of military records under this section involves setting aside a conviction by court-martial, the payment of a claim under this subsection in connection with the correction of the records shall include interest at a rate to be determined by the Secretary concerned, unless the Secretary determines that the payment of interest is inappropriate under the circumstances. If the payment of the claim is to include interest, the interest shall be calculated on an annual basis, and compounded, using the amount of the lost pay, allowances, compensation, emoluments, or other pecuniary benefits involved, and the amount of any fine or forfeiture paid, beginning from the date of the conviction through the date on which the payment is made.'.
    (b) Clerical Amendments- Subsection (c) of such section is further amended--
       (1) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively;
       (2) by inserting `(1)' after `(c)';
       (3) by striking `If the claimant' and inserting the following:
                `(2) If the claimant'; and
       (4) by striking `A claimant's acceptance' and inserting the following:
                `(3) A claimant's acceptance'.
    (c) Retroactive Effectiveness of Amendments- The amendment made by subsection (a) shall apply with respect to any sentence of a court-martial set aside by a Corrections Board on or after October 1, 2007, when the Corrections Board includes an order or recommendation for the payment of a claim for the loss of pay, allowances, compensation, emoluments, or other pecuniary benefits, or for the repayment of a fine or forfeiture, that arose as a result of the conviction. In this subsection, the term `Corrections Board' has the meaning given that term in section 1557 of title 10, United States Code.

#### SEC. 593. EXTENSION OF LIMITATION ON REDUCTIONS OF PERSONNEL OF AGENCIES RESPONSIBLE FOR REVIEW AND CORRECTION OF MILITARY RECORDS.

Section 1559(a) of title 10, United States Code, is amended by striking `October 1, 2008' and inserting `December 31, 2010'.

#### SEC. 594. MODIFICATION OF MATCHING FUND REQUIREMENTS UNDER NATIONAL GUARD YOUTH CHALLENGE PROGRAM.

    (a) In General- Subsection (d) of section 509 of title 32, United States Code, is amended to read as follows:
             `(d) Matching Funds Required- (1) The amount of assistance provided by the Secretary of Defense to a State program of the Program for a fiscal year under this section may not exceed 60 percent of the costs of operating the State program during that fiscal year.
                `(2) The limitation in paragraph (1) may not be construed as a limitation on the amount of assistance that may be provided to a State program of the Program for a fiscal year from sources other than the Department of Defense.'.
    (b) Effective Date- The amendment made by subsection (a) shall take effect on October 1, 2008, and shall apply with respect to fiscal years beginning on or after that date.

#### SEC. 595. MILITARY SALUTE FOR THE FLAG DURING THE NATIONAL ANTHEM BY MEMBERS OF THE ARMED FORCES NOT IN UNIFORM AND BY VETERANS.

Section 301(b)(1) of title 36, United States Code, is amended by striking subparagraphs (A) through (C) and inserting the following new subparagraphs:
    ``(A) individuals in uniform should give the military salute at the first note of the anthem and maintain that position until the last note;
    ``(B) members of the Armed Forces and veterans who are present but not in uniform may render the military salute in the manner provided for individuals in uniform; and
    ``(C) all other persons present should face the flag and stand at attention with their right hand over the heart, and men not in uniform, if applicable, should remove their headdress with their right hand and hold it at the left shoulder, the hand being over the heart; and´´.

#### SEC. 596. MILITARY LEADERSHIP DIVERSITY COMMISSION.

    (a) Establishment of Commission- There is hereby established a commission to be known as the `Military Leadership Diversity Commission' (in this section referred to as the `commission').
    (b) Composition-
       (1) MEMBERSHIP- The commission shall be composed of the following members:
          (A) The Director of the Defense Manpower Management Center.
          (B) The Director of the Defense Equal Opportunity Management Institute.
          (C) A commissioned officer from each of the Army, Navy, Air Force, and Marine Corps who serves or has served in a leadership position with either a military department command or combatant command.
          (D) A retired general or flag officer from each of the Army, Navy, Air Force, and Marine Corps.
          (E) A retired noncommissioned officer from each of the Army, Navy, Air Force, and Marine Corps.
          (F) Five retired commissioned officers who served in leadership positions with either a military department command or combatant command, of whom no less than three shall represent the views of minority veterans.
          (G) Four individuals with expertise in cultivating diverse leaders in private or non-profit organizations.
          (H) An attorney with appropriate experience and expertise in constitutional and legal matters related to the duties and responsibilities of the commission.
       (2) APPOINTMENT- The members of the commission referred to in subparagraphs (C) through (H) of paragraph (1) shall be appointed by the Secretary of Defense.
       (3) CHAIRMAN- The Secretary of Defense shall designate one member described in paragraphs (1)(F) or (1)(G) as chairman of the commission.
       (4) PERIOD OF APPOINTMENT; VACANCIES- Members shall be appointed for the life of the commission. Any vacancy in the commission shall be filled in the same manner as the original appointment.
       (5) DEADLINE FOR APPOINTMENT- All members of the commission shall be appointed not later than 60 days after the date of the enactment of this Act.
       (6) QUORUM- Fifteen members of the commission shall constitute a quorum but a lesser number may hold hearings.
    (c) Meetings-
       (1) INITIAL MEETING- The commission shall conduct its first meeting not later than 30 days after the date on which a majority of the appointed members of the commission have been appointed.
       (2) MEETINGS- The commission shall meet at the call of the chairman.
    (d) Duties-
       (1) STUDY- The commission shall conduct a comprehensive evaluation and assessment of policies that provide opportunities for the promotion and advancement of minority members of the Armed Forces, including minority members who are senior officers.
       (2) SCOPE OF STUDY- In carrying out the study, the commission shall examine the following:
          (A) The efforts to develop and maintain diverse leadership at all levels of the Armed Forces.
          (B) The successes and failures of developing and maintaining a diverse leadership, particularly at the general and flag officer positions.
          (C) The effect of expanding Department of Defense secondary educational programs to diverse civilian populations, to include military service academy preparatory schools.
          (D) The ability of current recruitment and retention practices to attract and maintain a diverse pool of qualified individuals in sufficient numbers in officer pre-commissioning programs.
          (E) The ability of current activities to increase continuation rates for ethnic-and gender-specific members of the Armed Forces.
          (F) The benefits of conducting an annual conference attended by civilian military, active-duty and retired military, and corporate leaders on diversity, to include a review of current policy and the annual demographic data from the Defense Equal Opportunity Management Institute.
          (G) The status of prior recommendations made to the Department of Defense and to Congress concerning diversity initiatives within the Armed Forces.
          (H) The incorporation of private sector practices that have been successful in cultivating diverse leadership.
          (I) The establishment and maintenance of fair promotion and command opportunities for ethnic- and gender-specific members of the Armed Forces at the O-5 grade level and above.
          (J) An assessment of pre-command billet assignments of ethnic-specific members of the Armed Forces.
          (K) An assessment of command selection of ethnic-specific members of the Armed Forces.
          (L) The development of a uniform definition, to be used throughout the Department of Defense, of diversity that is congruent with the core values and vision of the Department for the future workforce.
          (M) The existing metrics and milestones for evaluating the diversity plans of the Department (including the plans of the military departments) and for facilitating future evaluation and oversight.
          (N) The existence and maintenance of fair promotion, assignment, and command opportunities for ethnic- and gender-specific members of the Armed Forces at the levels of warrant officer, chief warrant officer, company and junior grade, field and mid-grade, and general and flag officer.
          (O) The current institutional structure of the Office of Diversity Management and Equal Opportunity of the Department, and of similar officers of the military departments, and their ability to ensure effective and accountable diversity management across the Department.
          (P) The options available for improving the substance or implementation of current plans and policies of the Department and the military departments.
       (3) CONSULTATION WITH PRIVATE PARTIES- In carrying out the study under this subsection, the commission may consult with appropriate private, for profit, and non-profit organizations and advocacy groups to learn methods for developing, implementing, and sustaining senior diverse leadership within the Department of Defense.
    (e) Reports-
       (1) IN GENERAL- Not later than 12 months after the date on which the commission first meets, the commission shall submit to the President and Congress a report on the study. The report shall include the following:
          (A) The findings and conclusions of the commission.
          (B) The recommendations of the commission for improving diversity within the Armed Forces.
          (C) Such other information and recommendations as the commission considers appropriate.
       (2) INTERIM REPORTS- The commission may submit to the President and Congress interim reports as the Commission considers appropriate.
    (f) Powers of the Commission-
       (1) HEARINGS- The commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the commission considers appropriate.
       (2) INFORMATION FROM FEDERAL AGENCIES- Upon request by the chairman of the commission, any department or agency of the Federal Government may provide information that the commission considers necessary to carry out its duties.
    (g) Inclusion of Coast Guard-
       (1) COAST GUARD REPRESENTATION- In addition to the members of the commission required by subsection (b), the commission shall include two additional members, appointed by the Secretary of Homeland Security, in consultation with the Commandant of the Coast Guard, as follows:
          (A) A retired flag officer of the Coast Guard.
          (B) A commissioned officer or noncommissioned officer of the Coast Guard on active duty.
       (2) ARMED FORCES DEFINED- In this section, the term `Armed Forces' means the Army, Navy, Air Force, Marine Corps, and Coast Guard.
    (h) Termination of Commission- The commission shall terminate 60 days after the date on which the commission submits the report under subsection (e)(1).

#### SEC. 597. DEMONSTRATION PROJECT ON SERVICE OF RETIRED NURSE CORPS OFFICERS AS FACULTY AT CIVILIAN NURSING SCHOOLS.

    (a) In General- The Secretary of Defense may conduct a demonstration project to encourage retired military nurses to serve as faculty at civilian nursing schools.
    (b) Eligibility Requirements-
       (1) INDIVIDUAL- An individual is eligible to participate in the demonstration project if the individual--
          (A) is a retired nurse corps officer of one of the Armed Forces;
          (B) has had at least 26 years of active Federal commissioned service before retiring; and
          (C) possesses a doctoral or master degree in nursing that qualifies the officer to become a full faculty member of an accredited school of nursing.
       (2) INSTITUTION- An accredited school of nursing is eligible to participate in the demonstration project if the school or its parent institution of higher education--
          (A) is a school of nursing that is accredited to award, at a minimum, a bachelor of science in nursing and provides educational programs leading to such degree;
          (B) has a resident Reserve Officers' Training Corps unit at the institution of higher education that fulfils the requirements of sections 2101 and 2102 of title 10, United States Code;
          (C) does not prevent Reserve Officers' Training Corps access or military recruiting on campus, as defined in section 983 of title 10, United States Code;
          (D) provides any retired nurse corps officer participating in the demonstration project a salary and other compensation at the level to which other similarly situated faculty members of the accredited school of nursing are entitled, as determined by the Secretary of Defense; and
          (E) agrees to comply with subsection (d).
    (c) Compensation- The Secretary of Defense may authorize a Secretary of a military department to authorize qualified institutions of higher education to employ as faculty those eligible individuals (as described in subsection (b)) who are receiving retired pay, whose qualifications are approved by the Secretary and the institution of higher education concerned, and who request such employment, subject to the following:
       (1) A retired nurse corps officer so employed is entitled to receive the officer's retired pay without reduction by reason of any additional amount paid to the officer by the institution of higher education concerned. In the case of payment of any such additional amount by the institution of higher education concerned, the Secretary of the military department concerned may pay to that institution the amount equal to one-half the amount paid to the retired officer by the institution for any period, up to a maximum of one-half of the difference between the officer's retired pay for that period and the active duty pay and allowances that the officer would have received for that period if on active duty. Payments by the Secretary concerned under this paragraph shall be made from funds specifically appropriated for that purpose.
       (2) Notwithstanding any other provision of law contained in title 10, title 32, or title 37, United States Code, such a retired nurse corps officer is not, while so employed, considered to be on active duty or inactive duty training for any purpose.
    (d) Scholarships for Nurse Officer Candidates- For purposes of the eligibility of an institution under subsection (b)(2)(E), the following requirements apply:
       (1) Each accredited school of nursing at which a retired nurse corps officer serves on the faculty under this section shall provide full academic scholarships to individuals undertaking an educational program at such school leading to a bachelor of science in nursing degree who agree, upon completion of such program, to accept a commission as an officer in the nurse corps of one of the Armed Forces.
       (2) The total number of scholarships provided by an accredited school of nursing under paragraph (1) for each officer serving on the faculty of that school under this section shall be such number as the Secretary of Defense shall specify for purposes of this section.
       (3) Each accredited school of nursing shall pay to the Department of Defense an amount equal to the value of the scholarship for every nurse officer candidate who fails to be accessed as a nurse corps officer into one of the Armed Forces within one year of receiving a bachelor of science degree in nursing from that school.
       (4) The Secretary concerned is authorized to discontinue the demonstration project authorized in this section at any institution of higher education that fails to fulfill the requirements of paragraph (3).
    (e) Report-
       (1) IN GENERAL- Not later than 24 months after the commencement of any demonstration project under this section, the Secretary of Defense shall submit to the congressional defense committees a report on the demonstration project. The report shall include a description of the project and a description of plans for the continuation of the project, if any.
       (2) ELEMENTS- The report shall also include, at a minimum, the following:
          (A) The current number of retired nurse corps officers who have at least 26 years of active Federal commissioned service who would be eligible to participate in the program.
          (B) The number of retired nurse corps officers participating in the demonstration project.
          (C) The number of accredited schools of nursing participating in the demonstration project.
          (D) The number of nurse officer candidates who have accessed into the military as commissioned nurse corps officers.
          (E) The number of scholarships awarded to nurse officer candidates.
          (F) The number of nurse officer candidates who have failed to access into the military, if any.
          (G) The amount paid to the Department of Defense in the event any nurse officer candidates awarded scholarships by the accredited school of nursing fail to access into the military as commissioned nurse corps officers.
          (H) The funds expended in the operation of the demonstration project.
          (I) The recommendation of the Secretary of Defense as to whether the demonstration project should be extended.
    (f) Definitions- In this section, the terms `school of nursing' and `accredited' have the meeting given those terms in section 801 of the Public Health Service Act (42 U.S.C. 296).
    (g) Sunset- The authority in this section shall expire on June 30, 2014.

#### SEC. 598. REPORT ON PLANNING FOR PARTICIPATION AND HOSTING OF THE DEPARTMENT OF DEFENSE IN INTERNATIONAL SPORTS ACTIVITIES, COMPETITIONS, AND EVENTS.

    (a) Report Required- Not later than October 1, 2009, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth a comprehensive plan for the following:
       (1) The participation by personnel of the Department of Defense in international sports activities, competitions, and events (including the Pan American Games, the Olympic Games, the Paralympic Games, the Military World Games, other activities of the International Military Sports Council (CISM), and the Interallied Confederation of Reserve Officers (CIOR)) through fiscal year 2015.
       (2) The hosting by the Department of Defense of military international sports activities, competitions, and events through fiscal year 2015.
    (b) Elements- The report required by subsection (a) shall include the following:
       (1) A discussion of the military international sports activities, competitions, and events that the Department of Defense intends to seek to host, an estimate of the costs of hosting such activities, competitions, and events that the Department intends to seek to host, and a description of the sources of funding for such costs.
       (2) A discussion of the use and replenishment of funds in the account in the Treasury for the Support for International Sporting Competitions for the hosting of such activities, competitions, and events that the Department intends to seek to host.
       (3) A discussion of the support that may be obtained from other departments and agencies of the Federal Government, State and local governments, and private entities in encouraging participation of members of the Armed Forces in international sports activities, competitions, and events or in hosting of military international sports activities, competitions, and events.
       (4) Such recommendations for legislative or administrative action as the Secretary considers appropriate to implement or enhance planning for the matters described in subsection (a).