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(1) ELIGIBLE LOCAL EDUCATIONAL AGENCY.—
The term ‘‘eligible local educational agency’’ means a
local educational agency that—
(A) has a number of military dependent
children in average daily attendance in the
schools served by the local educational agency
during the current school year, determined in
consultation with the Secretary of Education,
that—
(i) equaled or exceeded 20 percent of
the number of all children in average daily
attendance in the schools served by such
agency during the current school year; or
(ii) is 1,000 or more,
whichever is less; and
(B) is designated by the Secretary of De-
fense as impacted by—
(i) Operation Iraqi Freedom;
(ii) Operation Enduring Freedom; or
(iii) the global rebasing plan of the De-
partment of Defense.
(2) LOCAL
EDUCATIONAL
AGENCY.—The term
‘‘local educational agency’’ has the meaning given the
term in section 9101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801).
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(3) MILITARY
DEPENDENT
CHILD.—The term
‘‘military dependent child’’—
(A) means a child described in subpara-
graph (B) or (D)(i) of section 8003(a)(1) of the
Elementary and Secondary Education Act of
1965 (20 U.S.C. 7703(a)(1)); and
(B) includes a child—
(i) who resided on Federal property
with a parent on active duty in the Na-
tional Guard or Reserve; or
(ii) who had a parent on active duty
in the National Guard or Reserve but did
not reside on Federal property.
(d) ASSISTANCE.—Assistance provided under this sec-
tion may be used for—
(1) tutoring, after-school, and dropout prevention
activities for military dependent children with a par-
ent who is or has been impacted by war-related action
described in clause (i), (ii), or (iii) of subsection
(c)(1)(B);
(2) professional development of teachers, prin-
cipals, and counselors on the needs of military de-
pendent children with a parent who is or has been
impacted by war-related action described in clause
(i), (ii), or (iii) of subsection (c)(1)(B); and
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(3) counseling and other comprehensive support
services for military dependent children with a parent
who is or has been impacted by war-related action de-
scribed in clause (i), (ii), or (iii) of subsection
(c)(1)(B), including the subsidization of a percentage
of hiring of a military-school liaison.
Subtitle F—Military Justice and
Legal Assistance Matters
SEC. 571. AUTHORITY OF JUDGES OF THE UNITED STATES
COURT OF APPEALS FOR THE ARMED FORCES
TO ADMINISTER OATHS.
Section 936 of title 10, United States Code (article 136
of the Uniform Code of Military Justice), is amended by
adding at the end the following new subsection:
‘‘(c) The judges of the United States Court of Appeals
for the Armed Forces may administer oaths.’’.
SEC. 572. MILITARY LEGAL ASSISTANCE FOR DEPARTMENT
OF DEFENSE CIVILIAN EMPLOYEES IN AREAS
WITHOUT ACCESS TO NON-MILITARY LEGAL
ASSISTANCE.
Section 1044(a) of title 10, United States Code, is
amended by adding at the end the following new paragraph:
‘‘(6) Civilian employees of the Department of De-
fense in locations where legal assistance from non-
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military legal assistance providers is not reasonably
available.’’.
SEC. 573. MODIFICATION OF AUTHORITIES ON SENIOR
MEMBERS OF THE JUDGE ADVOCATE GEN-
ERALS’ CORPS.
(a) DEPARTMENT OF THE ARMY.—
(1) GRADE
OF
JUDGE
ADVOCATE
GENERAL.—
Subsection (a) of section 3037 of title 10, United
States Code, is amended by striking the third sentence
and inserting the following new sentence: ‘‘The Judge
Advocate General, while so serving, has the grade of
lieutenant general.’’.
(2) REDESIGNATION OF ASSISTANT JUDGE ADVO-
CATE GENERAL AS DEPUTY JUDGE ADVOCATE GEN-
ERAL.—Such section is further amended—
(A) in subsection (a), by striking ‘‘Assistant
Judge Advocate General’’ each place it appears
and inserting ‘‘Deputy Judge Advocate General’’;
and
(B) in subsection (d), by striking ‘‘Assistant
Judge Advocate General’’ and inserting ‘‘Deputy
Judge Advocate General’’.
(3) CONFORMING AND CLERICAL AMENDMENTS.—
(A) The heading of such section is amended by strik-
ing ‘‘ASSISTANT JUDGE ADVOCATE GENERAL’’
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and inserting ‘‘DEPUTY JUDGE ADVOCATE GEN-
ERAL’’.
(B) The table of sections at the beginning of
chapter 305 of such title is amended in the item relat-
ing to section 3037 by striking ‘‘Assistant Judge Ad-
vocate General’’ and inserting ‘‘Deputy Judge Advo-
cate General’’.
(b) GRADE OF JUDGE ADVOCATE GENERAL OF THE
NAVY.—Section 5148(b) of such title is amended in sub-
section by striking the last sentence and inserting the fol-
lowing new sentence: ‘‘The Judge Advocate General, while
so serving, has the grade of vice admiral or lieutenant gen-
eral, as appropriate.’’.
(c) GRADE OF JUDGE ADVOCATE GENERAL OF THE
AIR FORCE.—Section 8037(a) of such title is amended by
striking the last sentence and inserting the following new
sentence: ‘‘The Judge Advocate General, while so serving,
has the grade of lieutenant general.’’.
(d) EXCLUSION FROM ACTIVE-DUTY GENERAL AND
FLAG OFFICER STRENGTH
AND DISTRIBUTION LIMITA-
TIONS.—Section 525(b) of such title is amended by adding
at the end the following new paragraph:
‘‘(9) An officer while serving as the Judge Advocate
General of the Army, the Judge Advocate General of the
Navy, or the Judge Advocate General of the Air Force is
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in addition to the number that would otherwise be per-
mitted for that officer’s armed force for officers serving on
active duty in grades above major general or rear admiral
under paragraph (1) or (2), as applicable.’’.
(e) LEGAL COUNSEL TO CHAIRMAN OF THE JOINT
CHIEFS OF STAFF.—
(1) IN GENERAL.—Chapter 5 of title 10, United
States Code, is amended by adding at the end the fol-
lowing new section:
‘‘§ 156. Legal Counsel to the Chairman of the Joint
Chiefs of Staff
‘‘(a) IN GENERAL.—There is a Legal Counsel to the
Chairman of the Joint Chiefs of Staff.
‘‘(b) SELECTION FOR APPOINTMENT.—Under regula-
tions prescribed by the Secretary of Defense, the officer se-
lected for appointment to serve as Legal Counsel to the
Chairman of the Joint Chiefs of Staff shall be recommended
by a board of officers convened by the Secretary of Defense
that, insofar as practicable, is subject to the procedures ap-
plicable to selection boards convened under chapter 36 of
this title.
‘‘(c) GRADE.—An officer appointed to serve as Legal
Counsel to the Chairman of the Joint Chiefs of Staff shall,
while so serving, hold the grade of brigadier general or rear
admiral (lower half).
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‘‘(d) DUTIES.—The Legal Counsel of the Chairman of
the Joint Chiefs of Staff shall perform such legal duties in
support of the responsibilities of the Chairman of the Joint
Chiefs of Staff as the Chairman may prescribe.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 5 of such title is
amended by adding at the end the following new item:
‘‘156. Legal Counsel to the Chairman of the Joint Chiefs of Staff.’’.
Subtitle G—Military Family
Readiness
SEC. 581. DEPARTMENT OF DEFENSE MILITARY FAMILY
READINESS COUNCIL.
(a) IN GENERAL.—Subchapter I of chapter 88 of title
10, United States Code, is amended by inserting after sec-
tion 1781 the following new section:
‘‘§ 1781a. Department of Defense Military Family
Readiness Council
‘‘(a) IN GENERAL.—There is in the Department of De-
fense the Department of Defense Military Family Readiness
Council (hereafter in this section referred to as the ‘Coun-
cil’).
‘‘(b) MEMBERS.—(1) The members of the Council shall
be the following:
‘‘(A) The Under Secretary of Defense for Per-
sonnel and Readiness, who shall serve as chair of the
Council.
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‘‘(B) One representative of each of the Army, the
Navy, the Marine Corps, and the Air Force, who shall
be appointed by Secretary of Defense.
‘‘(C) Three individuals appointed by the Sec-
retary of Defense from among representatives of mili-
tary family organizations (including military family
organizations of families of members of the regular
components and of families of members of the reserve
components), of whom not less than two shall be mem-
bers of the family of an enlisted member of the armed
forces.
‘‘(D) In addition to the members appointed
under subparagraphs (B) and (C), eight individuals
appointed by the Secretary of Defense, of whom—
‘‘(i) one shall be a commissioned officer of
the Army or spouse of a commissioned officer of
the Army, and one shall be an enlisted member
of the Army or spouse of an enlisted member of
the Army, except that of the individuals ap-
pointed under this clause at any particular time,
one shall be a member of the Army and the other
shall be a spouse of a member of the Army;
‘‘(ii) one shall be a commissioned officer of
the Navy or spouse of a commissioned officer of
the Navy, and one shall be an enlisted member
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of the Navy or spouse of an enlisted member of
the Navy, except that of the individuals ap-
pointed under this clause at any particular time,
one shall be a member of the Navy and the other
shall be a spouse of a member of the Navy;
‘‘(iii) one shall be a commissioned officer of
the Marine Corps or spouse of a commissioned
officer of the Marine Corps, and one shall be an
enlisted member of the Marine Corps or spouse
of an enlisted member of the Marine Corps, ex-
cept that of the individuals appointed under this
clause at any particular time, one shall be a
member of the Marine Corps and the other shall
be a spouse of a member of the Marine Corps;
and
‘‘(iv) one shall be a commissioned officer of
the Air Force or spouse of a commissioned officer
of the Air Force, and one shall be an enlisted
member of the Air Force or spouse of an enlisted
member of the Air Force, except that of the indi-
viduals appointed under this clause at any par-
ticular time, one shall be a member of the Air
Force and the other shall be a spouse of a mem-
ber of the Air Force.
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‘‘(2) The term on the Council of the members appointed
under paragraph (1)(C) shall be three years.
‘‘(c) MEETINGS.—The Council shall meet not less often
than twice each year. Not more than one meeting of the
Council each year shall be in the National Capital Region.
‘‘(d) DUTIES.—The duties of the Council shall include
the following:
‘‘(1) To review and make recommendations to
the Secretary of Defense on the policy and plans re-
quired under section 1781b of this title.
‘‘(2) To monitor requirements for the support of
military family readiness by the Department of De-
fense.
‘‘(3) To evaluate and assess the effectiveness of
the military family readiness programs and activities
of the Department of Defense.
‘‘(e) ANNUAL REPORTS.—(1) Not later than February
1 each year, the Council shall submit to the Secretary of
Defense and the congressional defense committees a report
on military family readiness.
‘‘(2) Each report under this subsection shall include
the following:
‘‘(A) An assessment of the adequacy and effec-
tiveness of the military family readiness programs
and activities of the Department of Defense during
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the preceding fiscal year in meeting the needs and re-
quirements of military families.
‘‘(B) Recommendations on actions to be taken to
improve the capability of the military family readi-
ness programs and activities of the Department of De-
fense to meet the needs and requirements of military
families, including actions relating to the allocation
of funding and other resources to and among such
programs and activities.’’.
(b) CLERICAL AMENDMENT.—The table of sections at
the beginning of subchapter I of chapter 88 of such title
is amended by inserting after the item relating to section
1781 the following new item:
‘‘1781a. Department of Defense Military Family Readiness Council.’’.
SEC. 582. DEPARTMENT OF DEFENSE POLICY AND PLANS
FOR MILITARY FAMILY READINESS.
(a) POLICY AND PLANS REQUIRED.—
(1) IN GENERAL.—Subchapter I of chapter 88 of
title 10, United States Code, as amended by section
581 of this Act, is further amended by inserting after
section 1781a the following new section:
‘‘§ 1781b. Department of Defense policy and plans for
military family readiness
‘‘(a) IN GENERAL.—The Secretary of Defense shall de-
velop a policy and plans for the Department of Defense for
the support of military family readiness.
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‘‘(b) PURPOSES.—The purposes of the policy and plans
required under subsection (a) are as follows:
‘‘(1) To ensure that the military family readi-
ness programs and activities of the Department of De-
fense are comprehensive, effective, and properly sup-
ported.
‘‘(2) To ensure that support is continuously
available to military families in peacetime and in
war, as well as during periods of force structure
change and relocation of military units.
‘‘(3) To ensure that the military family readi-
ness programs and activities of the Department of De-
fense are available to all military families, including
military families of members of the regular compo-
nents and military families of members of the reserve
components.
‘‘(4) To ensure that the goal of military family
readiness is an explicit element of applicable Depart-
ment of Defense plans, programs, and budgeting ac-
tivities, and that achievement of military family
readiness is expressed through Department-wide goals
that are identifiable and measurable.
‘‘(5) To ensure that the military family readi-
ness programs and activities of the Department of De-
fense undergo continuous evaluation in order to en-
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sure that resources are allocated and expended for
such programs and activities in the most effective pos-
sible manner throughout the Department.
‘‘(c) ELEMENTS
OF POLICY.—The policy required
under subsection (a) shall include the following elements:
‘‘(1) A definition for treating a program or ac-
tivity of the Department of Defense as a military
family readiness program or activity.
‘‘(2) Department of Defense-wide goals for mili-
tary family support, both for military families of
members of the regular components and military fam-
ilies of members of the reserve components.
‘‘(3) Requirements for joint programs and activi-
ties for military family support.
‘‘(4) Policies on access to military family sup-
port programs and activities based on military fam-
ily populations served and geographical location.
‘‘(5) Metrics to measure the performance and ef-
fectiveness of the military family readiness programs
and activities of the Department of Defense.
‘‘(d) ELEMENTS OF PLANS.—(1) Each plan under re-
quired under subsection (a) shall include the elements speci-
fied in paragraph (2) for the five-fiscal year period begin-
ning with the fiscal year in which such plan is submitted
under paragraph (3).
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‘‘(2) The elements in each plan required under sub-
section (a) shall include, for the period covered by such
plan, the following:
‘‘(A) An ongoing identification and assessment
of the effectiveness of the military family readiness
programs and activities of the Department of Defense
in meeting goals for such programs and activities,
which assessment shall evaluate such programs and
activities separately for each military department
and for each regular component and each reserve com-
ponent.
‘‘(B) A description of the resources required to
support the military family readiness programs and
activities of the Department of Defense, including the
military personnel, civilian personnel, and volunteer
personnel so required.
‘‘(C) An ongoing identification in gaps in the
military family readiness programs and activities of
the Department of Defense, and an ongoing identi-
fication of the resources required to address such gaps.
‘‘(D) Mechanisms to apply the metrics developed
under subsection (c)(5).
‘‘(E) A summary, by fiscal year, of the alloca-
tion of funds (including appropriated funds and non-
appropriated funds) for major categories of military
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family readiness programs and activities of the De-
partment of Defense, set forth for each of the military
departments and for the Office of the Secretary of De-
fense.
‘‘(3) Not later than March 1, 2008, and each year
thereafter, the Secretary of Defense shall submit to the con-
gressional defense committees a report on the plans required
under subsection (a) for the five-fiscal year period begin-
ning with the fiscal year beginning in the year in which
such report is submitted. Each report shall include the
plans covered by such report and an assessment of the dis-
charge by the Department of Defense of the previous plans
submitted under this subsection.’’.
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of subchapter I of chapter 88
of such title, as so amended, is further amended by
inserting after the item relating to section 1781a the
following new item:
‘‘1781b. Department of Defense policy and plans for military family readiness.’’.
(3) REPORT ON POLICY.—The Secretary of De-
fense shall submit to the congressional defense com-
mittees a report setting forth the policy developed
under section 1781b of title 10, United States Code
(as added by this subsection), not later than February
1, 2009.
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(b) SURVEYS
OF
MILITARY
FAMILIES.—Section
1782(a) of title 10, United States Code, is amended—
(1) in the heading, by striking ‘‘AUTHORITY’’
and inserting ‘‘IN GENERAL’’; and
(2) by striking ‘‘may conduct surveys’’ in the
matter preceding paragraph (1) and inserting ‘‘shall,
in fiscal year 2009 and not less often than once every
three fiscal years thereafter, conduct surveys’’.
SEC. 583. FAMILY SUPPORT FOR FAMILIES OF MEMBERS OF
THE ARMED FORCES UNDERGOING DEPLOY-
MENT, INCLUDING NATIONAL GUARD AND RE-
SERVE PERSONNEL.
(a) FAMILY SUPPORT.—
(1) IN GENERAL.—The Secretary of Defense shall
enhance and improve current programs of the Depart-
ment of Defense to provide family support for families
of deployed members of the Armed Forces, including
deployed members of the National Guard and Reserve,
in order to improve the assistance available for fami-
lies of such members before, during, and after their
deployment cycle.
(2) SPECIFIC
ENHANCEMENTS.—In enhancing
and improving programs under paragraph (1), the
Secretary shall enhance and improve the availability
of assistance to families of members of the Armed
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Forces, including members of the National Guard and
Reserve, including assistance in—
(A) preparing and updating family care
plans;
(B) securing information on health care
and mental health care benefits and services and
on other community resources;
(C) providing referrals for—
(i) crisis services; and
(ii) marriage counseling and family
counseling; and
(D) financial counseling.
(b) POST-DEPLOYMENT ASSISTANCE
FOR SPOUSES
AND PARENTS OF RETURNING MEMBERS.—
(1) IN GENERAL.—The Secretary of Defense shall
provide spouses and parents of members of the Armed
Forces, including members of the National Guard and
Reserve, who are returning from deployment assist-
ance in—
(A) understanding issues that arise in the
readjustment of such members—
(i) for members of the National Guard
and Reserve, to civilian life; and
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(ii) for members of the regular compo-
nents of the Armed Forces, to military life
in a non-combat environment;
(B) identifying signs and symptoms of men-
tal health conditions; and
(C) encouraging such members and their
families in seeking assistance for such condi-
tions.
(2) INFORMATION ON AVAILABLE RESOURCES.—
In providing assistance under paragraph (1), the Sec-
retary shall provide information on local resources for
mental health services, family counseling services, or
other appropriate services, including services avail-
able from both military providers of such services and
community-based providers of such services.
(3) TIMING.—The Secretary shall provide re-
sources under paragraph (1) to a member of the
Armed Forces approximately six months after the
date of the return of such member from deployment.
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SEC. 584. SUPPORT SERVICES FOR CHILDREN, INFANTS,
AND TODDLERS OF MEMBERS OF THE ARMED
FORCES 
UNDERGOING 
DEPLOYMENT, 
IN-
CLUDING NATIONAL GUARD AND RESERVE
PERSONNEL.
(a) ENHANCEMENT OF SUPPORT SERVICES FOR CHIL-
DREN.—The Secretary of Defense shall—
(1) provide information to parents and other
caretakers of children, including infants and toddlers,
who are deployed members of the Armed Forces to as-
sist such parents and caretakers in responding to the
adverse implications of such deployment (and the
death or injury of such members during such deploy-
ment) for such children, including the role such par-
ents and caretakers can play in addressing and miti-
gating such implications;
(2) develop programs and activities to increase
awareness throughout the military and civilian com-
munities of the potential adverse implications of such
deployment (including the death or injury of such
members during such deployment) for such children
and their families and to increase collaboration with-
in such communities to address and mitigate such
implications;
(3) develop training for early childhood edu-
cation, child care, mental health, health care, and