154 
(A) in subsection (a)(3), by striking ‘‘208’’ 
and inserting ‘‘197’’; and 
(B) in subsection (b)(2)(C), by striking 
‘‘76’’ and inserting ‘‘73’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on October 1, 2013. 
(c) LIMITED EXCLUSION FOR JOINT DUTY ASSIGN-
MENTS FROM AUTHORIZED STRENGTH LIMITATION.— 
(1) EXCLUSION.—Subsection (b) of section 526 of 
such title is amended by striking ‘‘324’’ and inserting 
‘‘310’’. 
(2) EFFECTIVE DATE.—The amendment made by 
paragraph (1) shall take effect on January 1, 2012. 
(d) ELIMINATION OF COMPLETE EXCLUSION FOR OF-
FICERS SERVING IN CERTAIN INTELLIGENCE POSITIONS.— 
(1) ELIMINATION OF CURRENT BROAD EXCLU-
SION.—Section 528 of such title is amended by strik-
ing subsections (b), (c), and (d) and inserting the fol-
lowing new subsections: 
‘‘(b) DIRECTOR AND DEPUTY DIRECTOR OF CIA.— 
When the position of Director or Deputy Director of the 
Central Intelligence Agency is held by an officer of the 
armed forces, the position, so long as the officer serves in 
the position, shall be designated, pursuant to subsection (b) 
of section 526 of this title, as one of the general officer and 
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155 
flag officer positions to be excluded from the limitations in 
subsection (a) of such section. 
‘‘(c) ASSOCIATE DIRECTOR
OF MILITARY AFFAIRS, 
CIA.—When the position of Associate Director of Military 
Affairs, Central Intelligence Agency, or any successor posi-
tion, is held by an officer of the armed forces, the position, 
so long as the officer serves in the position, shall be des-
ignated, pursuant to subsection (b) of section 526 of this 
title, as one of the general officer and flag officer positions 
to be excluded from the limitations in subsection (a) of such 
section. 
‘‘(d) OFFICERS SERVING IN OFFICE OF DNI.—When 
a position in the Office of the Director of National Intel-
ligence designated by agreement between the Secretary of 
Defense and the Director of National Intelligence is held 
by a general officer or flag officer of the armed forces, the 
position, so long as the officer serves in the position, shall 
be designated, pursuant to subsection (b) of section 526 of 
this title, as one of the general officer and flag officer posi-
tions to be excluded from the limitations in subsection (a) 
of such section. However, not more than five of such posi-
tions may be included among the excluded positions at any 
time.’’. 
(2) CLERICAL AMENDMENTS.— 
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156 
(A) SECTION
HEADING.—The heading of 
such section is amended to read as follows: 
‘‘§ 528. Officers serving in certain intelligence posi-
tions: military status; application of dis-
tribution and strength limitations; pay 
and allowances’’. 
(B) TABLE OF SECTIONS.—The table of sec-
tions at the beginning of chapter 32 of such title 
is amended by striking the item relating to sec-
tion 528 and inserting the following new item: 
‘‘528. Officers serving in certain intelligence positions: military status; applica-
tion of distribution and strength limitations; pay and allow-
ances.’’. 
Subtitle B—Reserve Component 
Management 
SEC. 511. LEADERSHIP OF NATIONAL GUARD BUREAU. 
(a) CHIEF OF THE NATIONAL GUARD BUREAU.— 
(1) GRADE AND EXCLUSION FROM GENERAL AND 
FLAG OFFICER AUTHORIZED STRENGTH.—Subsection 
(d) of section 10502 of title 10, United States Code, 
is amended to read as follows: 
‘‘(d) GRADE AND EXCLUSION FROM GENERAL AND 
FLAG OFFICER AUTHORIZED STRENGTH.—(1) The Chief of 
the National Guard Bureau shall be appointed to serve in 
the grade of general. 
‘‘(2) The Secretary of Defense shall designate, pursu-
ant to subsection (b) of section 526 of this title, the position 
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157 
of Chief of the National Guard Bureau as one of the general 
officer and flag officer positions to be excluded from the lim-
itations in subsection (a) of such section.’’. 
(2) SUCCESSION.—Subsection (e) of such section 
is amended to read as follows: 
‘‘(e) SUCCESSION.—(1) When there is a vacancy in the 
office of the Chief of the National Guard Bureau or in the 
absence or disability of the Chief, the Vice Chief of the Na-
tional Guard Bureau acts as Chief and performs the duties 
of the Chief until a successor is appointed or the absence 
or disability ceases. 
‘‘(2) When there is a vacancy in the offices of both the 
Chief and the Vice Chief of the National Guard Bureau or 
in the absence or disability of both the Chief and the Vice 
Chief of the National Guard Bureau, or when there is a 
vacancy in one such office and in the absence or disability 
of the officer holding the other, the senior officer of the Army 
National Guard of the United States or the Air National 
Guard of the United States on duty with the National 
Guard Bureau shall perform the duties of the Chief until 
a successor to the Chief or Vice Chief is appointed or the 
absence or disability of the Chief or Vice Chief ceases, as 
the case may be.’’. 
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158 
(3) EXCLUSION FOR CHIEF OF NATIONAL GUARD 
BUREAU FROM GENERAL OFFICER DISTRIBUTION LIM-
ITATIONS.—Section 525 of such title is amended— 
(A) in subsection (b)(1), by striking sub-
paragraph (D); and 
(B) in subsection (g)— 
(i) by striking paragraph (2); and 
(ii) by redesignating paragraph (3) as 
paragraph (2). 
(b) VICE CHIEF OF THE NATIONAL GUARD BUREAU.— 
(1) REDESIGNATION OF DIRECTOR OF THE JOINT 
STAFF
OF
THE
NATIONAL
GUARD
BUREAU.—Sub-
section (a)(1) of section 10505 of such title is amend-
ed by striking ‘‘Director of the Joint Staff of the Na-
tional Guard Bureau, selected by the Secretary of De-
fense from’’ and inserting ‘‘Vice Chief of the National 
Guard Bureau, appointed by the President, by and 
with the advice and consent of the Senate. The ap-
pointment shall be made from’’. 
(2) ELIGIBILITY
REQUIREMENTS.—Subsection 
(a)(1) of such section is further amended— 
(A) in subparagraph (A), by striking ‘‘rec-
ommended’’ and inserting ‘‘nominated’’; 
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159 
(B) by redesignating subparagraphs (B) 
and (C) as subparagraphs (D) and (E), respec-
tively; 
(C) in subparagraph (E), as so redesig-
nated, by striking ‘‘colonel’’ and inserting ‘‘brig-
adier general’’; and 
(D) by inserting after subparagraph (A) the 
following new subparagraphs: 
‘‘(B) are recommended by the Secretary of the 
Army, in the case of officers of the Army National 
Guard of the United States, or by the Secretary of the 
Air Force, in the case of officers of the Air National 
Guard of the United States, and by the Secretary of 
Defense; 
‘‘(C) are determined by the Chairman of the 
Joint Chiefs of Staff, in accordance with criteria and 
as a result of a process established by the Chairman, 
to have significant joint duty experience;’’. 
(3) GRADE AND EXCLUSION FROM GENERAL AND 
FLAG OFFICER AUTHORIZED STRENGTH.—Subsection 
(c) of such section is amended to read as follows: 
‘‘(c) GRADE AND EXCLUSION FROM GENERAL AND 
FLAG OFFICER AUTHORIZED STRENGTH.—(1) The Vice 
Chief of the National Guard Bureau shall be appointed to 
serve in the grade of lieutenant general. 
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160 
‘‘(2) The Secretary of Defense shall designate, pursu-
ant to subsection (b) of section 526 of this title, the position 
of Vice Chief of the National Guard Bureau as one of the 
general officer and flag officer positions to be excluded from 
the limitations in subsection (a) of such section.’’. 
(c) CONFORMING
AMENDMENTS
REGARDING
REF-
ERENCES TO DIRECTOR.— 
(1) CROSS REFERENCES IN SECTION 10505.—Sec-
tion 10505 of such title is further amended— 
(A) in subsection (a)— 
(i) in paragraphs (2), (3), and (4), by 
striking ‘‘Director of the Joint Staff’’ each 
place in appears and inserting ‘‘Vice 
Chief’’; and 
(ii) in paragraph (3)(B), by striking 
‘‘as the Director’’ and inserting ‘‘as the Vice 
Chief’’; and 
(B) in subsection (b), by striking ‘‘Director 
of the Joint Staff’’ and inserting ‘‘Vice Chief’’. 
(2) CROSS REFERENCES IN SECTION 10506.—Sec-
tion 10506(a)(1) of such title is amended by striking 
‘‘Chief of the National Guard Bureau and the Direc-
tor of the Joint Staff’’ and inserting ‘‘Chief and Vice 
Chief’’. 
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161 
(3) OTHER REFERENCES.—Any reference in any 
law, regulation, document, paper, or other record of 
the United States to the Director of the Joint Staff 
of the National Guard Bureau shall be deemed to be 
a reference to the Vice Chief of the National Guard 
Bureau. 
(d) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of section 
10505 of such title is amended to read as follows: 
‘‘§ 10505. Vice Chief of the National Guard Bureau’’. 
(2) TABLE OF SECTIONS.—The item relating to 
such section in the table of sections at the beginning 
of chapter 1011 of such title is amended to read as 
follows: 
‘‘10505. Vice Chief of the National Guard Bureau.’’. 
(e) TREATMENT
OF CURRENT DIRECTOR
OF
THE 
JOINT STAFF OF THE NATIONAL GUARD BUREAU.—The of-
ficer who is serving as Director of the Joint Staff of the 
National Guard Bureau on the date of the enactment of 
this Act shall serve, in the grade of major general, as acting 
Vice Chief of the National Guard Bureau until the appoint-
ment of a Vice Chief of the National Guard Bureau in ac-
cordance with subsection (a) of section 10505 of title 10, 
United States Code, as amended by subsection (b). Notwith-
standing the amendment made by subsection (b)(3), the act-
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162 
ing Vice Chief of the National Guard Bureau shall not be 
excluded from the limitations in section 526(a) of such title. 
SEC. 512. PRESEPARATION COUNSELING FOR MEMBERS OF 
THE RESERVE COMPONENTS. 
(a) REQUIREMENT; EXCEPTION.—Subsection (a)(1) of 
section 1142 of title 10, United States Code, is amended— 
(1) in the first sentence— 
(A) by striking ‘‘Within’’ and inserting 
‘‘(A) Within’’; and 
(B) by striking ‘‘of each member’’ and all 
that follows through the period at the end of the 
sentence and inserting the following: ‘‘of— 
‘‘(i) each member of the armed forces whose dis-
charge or release from active duty is anticipated as 
of a specific date; and 
‘‘(ii) each member of a reserve component not 
covered by clause (i) whose discharge or release from 
service is anticipated as of a specific date.’’; and 
(2) in the second sentence, by striking ‘‘A nota-
tion of the provision of such counseling’’ and insert-
ing the following: 
‘‘(B) A notation of the provision of preseparation 
counseling’’. 
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163 
(b) MODIFICATION
OF
TIME
PERIOD
IN
WHICH 
PRESEPARATION COUNSELING MUST BE PROVIDED.—Sub-
section (a)(3) of such section is amended— 
(1) in subparagraph (A), by striking ‘‘subpara-
graph (B)’’ and inserting ‘‘subparagraphs (B) and 
(C)’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(C) In the event that a member of a reserve compo-
nent is being released from active duty for a period of more 
than 30 days under circumstances in which the Secretary 
concerned determines operational requirements make com-
pliance with the 90-day requirement under subparagraph 
(A) unfeasible, preseparation counseling shall begin as soon 
as possible within the remaining period of service.’’. 
(c) CONFORMING AMENDMENT REGARDING COVERED 
MATTERS.—Subsection (b)(7) of such section is amended by 
striking ‘‘from active duty’’. 
SEC. 513. CLARIFICATION OF APPLICABILITY OF AUTHOR-
ITY FOR DEFERRAL OF MANDATORY SEPARA-
TION OF MILITARY TECHNICIANS (DUAL STA-
TUS) UNTIL AGE 60. 
(a) DISCRETIONARY DEFERRAL OF MANDATORY SEPA-
RATION.—Section 10216(f) of title 10, United States Code, 
is amended— 
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164 
(1) in the subsection heading, by inserting ‘‘AU-
THORITY
FOR’’ before ‘‘DEFERRAL
OF MANDATORY 
SEPARATION’’; 
(2) by striking ‘‘shall implement’’ and inserting 
‘‘may each implement’’; 
(3) by inserting ‘‘, at the discretion of the Sec-
retary concerned,’’ after ‘‘so as to allow’’; and 
(4) by striking ‘‘for officers’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
10218(a)(3)(A)(i) of such title is amended by striking ‘‘if 
qualified be appointed’’ and inserting ‘‘if qualified may be 
appointed’’. 
SEC. 514. MODIFICATION OF ELIGIBILITY FOR CONSIDER-
ATION FOR PROMOTION FOR RESERVE OFFI-
CERS EMPLOYED AS MILITARY TECHNICIANS 
(DUAL STATUS). 
Section 14301 of title 10, United States Code, is 
amended by adding at the end the following new subsection: 
‘‘(i) RESERVE OFFICERS EMPLOYED
AS MILITARY 
TECHNICIAN (DUAL STATUS).—A reserve officer of the 
Army or Air Force employed as a military technician (dual 
status) under section 10216 of this title who has been re-
tained beyond the mandatory removal date for years of serv-
ice pursuant to subsection (f) of such section or section 
14702(a)(2) of this title is not eligible for consideration for 
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165 
promotion by a mandatory promotion board convened 
under section 14101(a) of this title.’’. 
Subtitle C—General Service 
Authorities 
SEC. 521. FINDINGS REGARDING UNIQUE NATURE, DE-
MANDS, AND HARDSHIPS OF MILITARY SERV-
ICE. 
(a) CODIFICATION.—Chapter 37 of title 10, United 
States Code, is amended by inserting before section 651 the 
following new section: 
‘‘§ 650. Findings regarding unique nature, demands, 
and hardships of service in the armed 
forces 
‘‘Congress makes the following findings: 
‘‘(1) Section 8 (clauses 12, 13, and 14) of Article 
I of the Constitution of the United States commits ex-
clusively to Congress the powers to raise and support 
armies, provide and maintain a Navy, and make 
rules for the government and regulation of the land 
and naval forces. 
‘‘(2) There is no constitutional right to serve in 
the armed forces. 
‘‘(3) Pursuant to the powers conferred by section 
8 of article I of the Constitution of the United States, 
it lies within the discretion of the Congress to estab-
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166 
lish qualifications for and conditions of service in the 
armed forces. 
‘‘(4) The primary purpose of the armed forces is 
to prepare for and to prevail in combat should the 
need arise. 
‘‘(5) The conduct of military operations requires 
members of the armed forces to make extraordinary 
sacrifices, including the ultimate sacrifice, in order to 
provide for the common defense. 
‘‘(6) Success in combat requires military units 
that are characterized by high morale, good order and 
discipline, and unit cohesion. 
‘‘(7) One of the most critical elements in combat 
capability is unit cohesion, that is, the bonds of trust 
among individual service members that make the 
combat effectiveness of a military unit greater than 
the sum of the combat effectiveness of the individual 
unit members. 
‘‘(8) Military life is fundamentally different 
from civilian life in that— 
‘‘(A) the extraordinary responsibilities of 
the armed forces, the unique conditions of mili-
tary service, and the critical role of unit cohe-
sion, require that the military community, while 
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167 
subject to civilian control, exist as a specialized 
society; and 
‘‘(B) the military society is characterized by 
its own laws, rules, customs, and traditions, in-
cluding numerous restrictions on personal behav-
ior, that would not be acceptable in civilian soci-
ety. 
‘‘(9) The standards of conduct for members of the 
armed forces regulate a member’s life for 24 hours 
each day beginning at the moment the member enters 
military status and not ending until that person is 
discharged or otherwise separated from the armed 
forces. 
‘‘(10) Those standards of conduct, including the 
Uniform Code of Military Justice, apply to a member 
of the armed forces at all times that the member has 
a military status, whether the member is on base or 
off base, and whether the member is on duty or off 
duty. 
‘‘(11) The pervasive application of the standards 
of conduct is necessary because members of the armed 
forces must be ready at all times for worldwide de-
ployment to a combat environment. 
‘‘(12) The worldwide deployment of United 
States military forces, the international responsibil-
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168 
ities of the United States, and the potential for in-
volvement of the armed forces in actual combat rou-
tinely make it necessary for members of the armed 
forces involuntarily to accept living conditions and 
working conditions that are often spartan, primitive, 
and characterized by forced intimacy with little or no 
privacy. 
‘‘(13) The armed forces must maintain personnel 
policies that are intended to recruit and retain only 
those persons whose presence in the armed forces serve 
the needs of the armed forces, contribute to the accom-
plishment of the missions of the armed forces, and 
maintain the armed forces’ high standards of morale, 
good order and discipline, and unit cohesion that are 
the essence of military capability.’’. 
(b) CLERICAL AMENDMENTS.— 
(1) TABLE OF SECTIONS.—The table of sections 
at the beginning of such chapter is amended by in-
serting before the item relating to section 651 the fol-
lowing new item: 
‘‘650. Findings regarding unique nature, demands, and hardships of service in the 
armed forces.’’. 
(2) TABLE OF CHAPTERS.—The table of chapters 
at the beginning of subtitle A of such title and at the 
beginning of part II of such subtitle are amended by 
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169 
striking the item relating to chapter 37 and inserting 
the following new item: 
‘‘37. General Service Requirements ................................................................
650’’. 
SEC. 522. POLICY ADDRESSING DWELL TIME AND MEASURE-
MENT AND DATA COLLECTION REGARDING 
UNIT OPERATING TEMPO AND PERSONNEL 
TEMPO. 
(a) POLICY ADDRESSING DWELL TIME.—Subsection 
(a) of section 991 of title 10, United States Code, is amend-
ed by adding at the end the following new paragraph: 
‘‘(4) The Secretary of Defense shall prescribe a policy 
that addresses the amount of dwell time a member of the 
armed forces or unit remains at the member’s or unit’s per-
manent duty station or home port, as the case may be, be-
tween deployments.’’. 
(b) UNIT OPERATING TEMPO AND PERSONNEL TEMPO 
RECORDKEEPING.—Subsection (c) of such section is amend-
ed to read as follows: 
‘‘(c) RECORDKEEPING.—(1) The Secretary of Defense 
shall— 
‘‘(A) establish a system for tracking and record-
ing the number of days that each member of the 
armed forces is deployed; 
‘‘(B) prescribe policies and procedures for meas-
uring operating tempo and personnel tempo; and 
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170 
‘‘(C) maintain a central data collection reposi-
tory to provide information for research, actuarial 
analysis, interagency reporting and evaluation of De-
partment of Defense programs and policies. 
‘‘(2) The data collection repository shall be able to 
identify— 
‘‘(A) the active and reserve component units of 
the armed forces that are participating at the bat-
talion, squadron, or an equivalent level (or a higher 
level) in contingency operations, major training 
events, and other exercises and contingencies of such 
a scale that the exercises and contingencies receive an 
official designation; and 
‘‘(B) the duration of their participation. 
‘‘(3) For each of the armed forces, the data collection 
repository shall be able to indicate, for a fiscal year— 
‘‘(A) the number of members who received the 
high-deployment allowance under section 436 of title 
37 (or who would have been eligible to receive the al-
lowance if the duty assignment was not excluded by 
the Secretary of Defense); 
‘‘(B) the number of members who received each 
rate of allowance paid (estimated in the case of mem-
bers described in the parenthetical phrase in subpara-
graph (A)); 
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171 
‘‘(C) the number of months each member received 
the allowance (or would have received it in the case 
of members described in the parenthetical phrase in 
subparagraph (A)); and 
‘‘(D) the total amount expended on the allow-
ance. 
‘‘(4) For each of the armed forces, the data collection 
repository shall be able to indicate, for a fiscal year, the 
number of days that high demand, low density units (as 
defined by the Chairman of the Joint Chiefs of Staff) were 
deployed, and whether these units met the force goals for 
limiting deployments, as described in the personnel tempo 
policies applicable to that armed force.’’. 
(c) DEFINITIONS.—Such section is further amended by 
adding at the end the following new subsection: 
‘‘(f) OTHER DEFINITIONS.—In this section: 
‘‘(1)(A) Subject to subparagraph (B), the term 
‘dwell time’ means the time a member of the armed 
forces or a unit spends at the permanent duty station 
or home port after returning from a deployment. 
‘‘(B) The Secretary of Defense may modify the 
definition of dwell time specified in subparagraph 
(A). If the Secretary establishes a different definition 
of such term, the Secretary shall transmit the new 
definition to Congress. 
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172 
‘‘(2) The term ‘operating tempo’ means the rate 
at which units of the armed forces are involved in all 
military activities, including contingency operations, 
exercises, and training deployments. 
‘‘(3) The term ‘personnel tempo’ means the 
amount of time members of the armed forces are en-
gaged in their official duties at a location or under 
circumstances that make it infeasible for a member to 
spend off-duty time in the housing in which the mem-
ber resides.’’. 
(d) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of section 
991 of such title is amended to read as follows: 
‘‘§ 991. Management of deployments of members and 
measurement and data collection of unit 
operating and personnel tempo’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 50 of such title is amend-
ed by striking the item relating to section 991 and in-
serting the following new item: 
‘‘991. Management of deployments of members and measurement and data collec-
tion of unit operating and personnel tempo.’’. 
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173 
SEC. 523. AUTHORIZED LEAVE AVAILABLE FOR MEMBERS 
OF THE ARMED FORCES UPON BIRTH OR 
ADOPTION OF A CHILD. 
Section 701 of title 10, United State Code, is amend-
ed— 
(1) by striking subsections (i) and (j) and insert-
ing the following new subsection: 
‘‘(i)(1) A member of the armed forces who gives birth 
to a child or who adopts a child in a qualifying child adop-
tion and will be primary caregiver for the adopted child 
shall receive 42 days of leave after the birth or adoption 
to be used in connection with the birth or adoption of the 
child. 
‘‘(2) A married member of the armed forces on active 
duty whose wife gives birth to a child or who adopts a child 
in a qualifying child adoption, but will not be primary 
caregiver for the adopted child, shall receive 10 days of leave 
to be used in connection with the birth or adoption of the 
child. 
‘‘(3) If two members of the armed forces who are mar-
ried to each other adopt a child in a qualifying child adop-
tion, only one of the members may be designated as primary 
caregiver for purposes of paragraph (1). In the case of a 
dual-military couple, the member authorized leave under 
paragraph (1) and the member authorized leave under 
paragraph (2) may utilize the leave at the same time. 
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‘‘(4) For the purpose of this subsection, an adoption 
of a child by a member is a qualifying child adoption if 
the member is eligible for reimbursement of qualified adop-
tion expenses for such adoption under section 1052 of this 
title. 
‘‘(5) Leave authorized under this subsection is in addi-
tion to other leave provided under other provisions of this 
section. 
‘‘(6) The Secretary of Defense may prescribe such regu-
lations as may be necessary to carry out this subsection.’’; 
and 
(2) by redesignating subsection (k) as subsection 
(j). 
SEC. 524. EXTENSION OF AUTHORITY TO CONDUCT PRO-
GRAMS ON CAREER FLEXIBILITY TO EN-
HANCE RETENTION OF MEMBERS OF THE 
ARMED FORCES. 
(a) DURATION OF PROGRAM AUTHORITY.—Subsection 
(l) of section 533 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110– 
417; 10 U.S.C. 701 note) is amended to read as follows: 
‘‘(l) DURATION OF PROGRAM AUTHORITY.—No mem-
ber of the Armed Forces may be released from active duty 
under a pilot program conducted under this section after 
December 31, 2015.’’. 
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(b) CONTINUATION OF ANNUAL LIMITATION ON SELEC-
TION OF PARTICIPANTS.—Subsection (c) of such section is 
amended by striking ‘‘each of calendar years 2009 through 
2012’’ and inserting ‘‘a calendar year’’. 
(c) ADDITIONAL REPORTS REQUIRED.—Subsection (k) 
of such section is amended— 
(1) in paragraph (1), by striking ‘‘June 1, 2011, 
and June 1, 2013’’ and inserting ‘‘June 1 of 2011, 
2013, 2015, and 2017’’; and 
(2) in paragraph (2), by striking ‘‘March 1, 
2016’’ and inserting ‘‘March 1, 2019’’. 
SEC. 525. POLICY ON MILITARY RECRUITMENT AND ENLIST-
MENT 
OF 
GRADUATES 
OF 
SECONDARY 
SCHOOLS. 
(a) EQUAL TREATMENT
FOR SECONDARY SCHOOL 
GRADUATES.— 
(1) EQUAL TREATMENT.—For the purposes of re-
cruitment and enlistment in the Armed Forces, the 
Secretary of a military department shall treat a 
graduate described in paragraph (2) in the same 
manner as a graduate of a secondary school (as de-
fined in section 9101(38) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801(38)). 
(2) COVERED GRADUATES.—Paragraph (1) ap-
plies with respect to person who— 
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176 
(A) receives a diploma from a secondary 
school that is legally operating; or 
(B) otherwise completes a program of sec-
ondary education in compliance with the edu-
cation laws of the State in which the person re-
sides. 
(b) POLICY ON RECRUITMENT AND ENLISTMENT.—Not 
later than 180 days after the date of the enactment of this 
Act, the Secretary of Defense shall prescribe a policy on re-
cruitment and enlistment that incorporates the following: 
(1) Means for identifying persons described in 
subsection (a)(2) who are qualified recruitment and 
enlistment in the Armed Forces, which may include 
the use of a non-cognitive aptitude test, adaptive per-
sonality assessment, or other operational attrition 
screening tool to predict performance, behaviors, and 
attitudes of potential recruits that influence attrition 
and the ability to adapt to a regimented life in the 
Armed Forces. 
(2) Means for assessing how qualified persons 
fulfill their enlistment obligation. 
(3) Means for maintaining data, by each di-
ploma source, which can be used to analyze attrition 
rates among qualified persons. 
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(c) RECRUITMENT PLAN.—As part of the policy re-
quired by subsection (b), the Secretary of each of the mili-
tary departments shall develop a recruitment plan that in-
cludes a marketing strategy for targeting various segments 
of potential recruits with all types of secondary education 
credentials. 
(d) COMMUNICATION PLAN.—The Secretary of each of 
the military departments shall develop a communication 
plan to ensure that the policy and recruitment plan are 
understood by military recruiters. 
SEC. 526. NAVY RECRUITING AND ADVERTISING. 
(a) ADDITIONAL, DISCRETIONARY BUDGET AUTHOR-
ITY.—In the budget submitted to Congress under section 
1105 of title 31, United States Code, for fiscal year 2012, 
the President requested $254,860,000 for Recruiting and 
Advertising. Of the amounts authorized to be appropriated 
by section 301, as specified in the corresponding funding 
table in division D, the Secretary of the Navy shall obligate 
an additional $983,000 for the professional development of 
youth ages 11 to 17, to promote interest and skill in sea-
manship and aviation while instilling qualities that mold 
strong moral character in an anti-drug and anti-gang envi-
ronment in furtherance of national security objectives. 
(b) MERIT-BASED OR COMPETITIVE DECISIONS.—A 
decision to commit, obligate, or expend funds referred to 
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178 
in the second sentence of subsection (a) with or to a specific 
entity shall— 
(1) be based on merit-based selection procedures 
in accordance with the requirements of sections 
2304(k) and 2374 of title 10, United States Code, or 
on competitive procedures; and 
(2) comply with other applicable provisions of 
law. 
Subtitle D—Military Justice and 
Legal Matters 
SEC. 531. PROCEDURES FOR JUDICIAL REVIEW OF MILI-
TARY PERSONNEL DECISIONS RELATING TO 
CORRECTION OF MILITARY RECORDS. 
(a) JUDICIAL REVIEW PROCEDURES.— 
(1) IN GENERAL.—Chapter 79 of title 10, United 
States Code, is amended by inserting after section 
1558 the following new section: 
‘‘§ 1558a. Judicial review of certain decisions relating 
to correction of military records 
‘‘(a) AVAILABILITY OF JUDICIAL REVIEW.—After a 
final decision is issued by the Secretary concerned pursuant 
to section 1552 of this title or by the Secretary of Homeland 
Security or the Secretary of Defense pursuant to subsections 
(f) or (g) of section 1034 of this title, any person aggrieved 
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179 
by such a decision may obtain judicial review of the deci-
sion. 
‘‘(b) BASIS TO SET-ASIDE DECISION.—In exercising 
its authority under this section, the reviewing court shall 
review the record of the decision and may hold unlawful 
and set aside any decision demonstrated by the petitioner 
in the record to be— 
‘‘(1) arbitrary or capricious; 
‘‘(2) not based on substantial evidence; 
‘‘(3) a result of material error of fact or material 
administrative error, but only if the petitioner identi-
fied to the correction board how the failure to follow 
such procedures substantially prejudiced the peti-
tioner’s right to relief, and shows to the reviewing 
court by a preponderance of the evidence that the 
error was harmful; or 
‘‘(4) otherwise contrary to law. 
‘‘(c) RELIEF.—In exercising its authority under this 
section, the reviewing court shall affirm, modify, vacate, or 
reverse the decision, or remand the matter, as appropriate. 
‘‘(d) MATTERS MUST BE JUSTICIABLE.—Notwith-
standing subsections (a), (b), and (c), the reviewing court 
does not have jurisdiction to entertain any matter or issue 
raised in a petition of review that is not justiciable. 
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180 
‘‘(e) DECISION MUST BE FINAL.—(1) No judicial re-
view may be made under this section unless the petitioner 
shall first have requested a correction under section 1552 
of this title, and the Secretary concerned shall have rendered 
a final decision denying that correction in whole or in part. 
In a case in which the final decision of the Secretary con-
cerned is subject to review by the Secretary of Defense under 
section 1034(g) of this title, the petitioner is not required 
to seek such review by the Secretary of Defense before ob-
taining judicial review under this section. If the petitioner 
seeks review by the Secretary of Defense under section 
1034(g) of this title, no judicial review may be made until 
the Secretary of Defense shall have rendered a final decision 
denying that request in whole or in part. 
‘‘(2) In the case of a final decision described in sub-
section (a) made after the end of the one-year period begin-
ning on the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2012, a petition for judi-
cial review under this section must be filed within one year 
after the date of that final decision. 
‘‘(f) EXCEPTIONS.—(1) A decision by a board estab-
lished under section 1552(a)(1) of this title declining to ex-
cuse the untimely filing of a request for correction of mili-
tary records is not subject to judicial review under this sec-
tion or otherwise subject to review in any court. 
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181 
‘‘(2) A decision by a board established under section 
1552(a)(1) of this title declining to reconsider or reopen a 
previous denial or partial denial of a request for correction 
of military records is not subject to judicial review under 
this section or otherwise subject to review in any court. 
‘‘(3) Notwithstanding subsection (e)(2), a decision by 
a board established under section 1552(a)(1) of this title 
that results in denial, in whole or in part, of any request 
for correction of military records that is received by the 
board more than six years after the date of discharge, retire-
ment, release from active duty, or death while on active 
duty of the person whose military records are the subject 
of the correction request is not subject to judicial review 
under this section or otherwise subject to review in any 
court. 
‘‘(g) SOLE BASIS FOR JUDICIAL REVIEW.—(1) In the 
case of a cause of action arising after the end of the one- 
year period beginning on the date of the enactment of the 
National Defense Authorization Act for Fiscal Year 2012, 
no court shall have jurisdiction to entertain any request for 
correction of records cognizable under subsection (f) or (g) 
of section 1034 or section 1552 of this title except as pro-
vided in this section. 
‘‘(2) In the case of a cause of action arising after the 
end of such one-year period, except as provided by chapter 
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182 
153 of title 28 and chapter 79 of this title, no court shall 
have jurisdiction over any civil action or claim seeking, in 
whole or in part, to challenge any decision for which ad-
ministrative review is available under section 1552 of this 
title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
inserting after the item relating to section 1558 the 
following new item: 
‘‘1558a. Judicial review of certain decisions relating to correction of military 
records.’’. 
(b) EFFECT OF DENIAL OF REQUEST FOR CORRECTION 
OF RECORDS WHEN PROHIBITED PERSONNEL ACTION AL-
LEGED.— 
(1) NOTICE OF DENIAL; PROCEDURES FOR JUDI-
CIAL REVIEW.—Subsection (f) of section 1034 of title 
10, United States Code, is amended by adding at the 
end the following new paragraph: 
‘‘(7) In any case in which the final decision of the Sec-
retary concerned results in denial, in whole or in part, of 
any requested correction of the record of the member or 
former member, the Secretary concerned shall provide the 
member or former member a concise written statement of 
the factual and legal basis for the decision, together with 
a statement of the procedure and time for obtaining review 
of the decision pursuant to section 1558a of this title.’’. 
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183 
(2) SECRETARY OF DEFENSE REVIEW; NOTICE OF 
DENIAL.—Subsection (g) of such section is amended— 
(A) by inserting ‘‘(1)’’ before ‘‘Upon the 
completion of all’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) The submittal of a matter to the Secretary of De-
fense by the member or former member under paragraph 
(1) must be made within 90 days of the receipt by the mem-
ber or former member of the final decision of the Secretary 
of the military department concerned in the matter. In any 
case in which the final decision of the Secretary of Defense 
results in denial, in whole or in part, of any requested cor-
rection of the record of the member or former member, the 
Secretary of Defense shall provide the member or former 
member a concise written statement of the basis for the deci-
sion, together with a statement of the procedure and time 
for obtaining review of the decision pursuant to section 
1558a of this title.’’. 
(3) SOLE BASIS FOR JUDICIAL REVIEW.—Such 
section is further amended— 
(A) by redesignating subsections (h) and (i) 
as subsections (i) and (j), respectively; and 
(B) by inserting after subsection (g) the fol-
lowing new subsection (h): 
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184 
‘‘(h) JUDICIAL REVIEW.—(1) A decision of the Sec-
retary of Defense under subsection (g) shall be subject to 
judicial review only as provided in section 1558a of this 
title. 
‘‘(2) In a case in which review by the Secretary of De-
fense under subsection (g) was not sought, a decision of the 
Secretary of a military department under subsection (f) 
shall be subject to judicial review only as provided in sec-
tion 1558a of this title. 
‘‘(3) A decision of the Secretary of Homeland Security 
under subsection (f) shall be subject to judicial review only 
as provided in section 1558a of this title.’’. 
(c) EFFECT OF DENIAL OF OTHER REQUESTS FOR 
CORRECTION
OF MILITARY RECORDS.—Section 1552 of 
such title is amended by adding at the end the following 
new subsections: 
‘‘(h) In any case in which the final decision of the Sec-
retary concerned results in denial, in whole or in part, of 
any requested correction, the Secretary concerned shall pro-
vide the claimant a concise written statement of the factual 
and legal basis for the decision, together with a statement 
of the procedure and time for obtaining review of the deci-
sion pursuant to section 1558a of this title. 
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185 
‘‘(i) A decision by the Secretary concerned under this 
section shall be subject to judicial review only as provided 
in section 1558a of this title.’’. 
(d) EFFECTIVE DATE AND RETROACTIVE APPLICA-
TION.— 
(1) EFFECTIVE DATE.—The amendments made 
by this section shall take effect one year after the date 
of the enactment of this Act. 
(2) RETROACTIVE
APPLICATION.—The amend-
ments made by this section shall apply to all final de-
cisions of the Secretary of Defense under section 
1034(g) of title 10, United States Code, and of the 
Secretary of a military department or the Secretary 
of Homeland Security under sections 1034(f) or 1552 
of such title, whether rendered before, on, or after the 
date of the enactment of this Act. 
(3) TRANSITION.—During the period between the 
date of the enactment of this Act and the effective date 
specified in paragraph (1), in any case in which the 
final decision of the Secretary of Defense under sec-
tion 1034 of title 10, United States Code, or the Sec-
retary concerned under section 1552 of title 10, 
United States Code, results in denial, in whole or in 
part, of any requested correction of the record of a 
member or former member of the Armed Forces or the 
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186 
record of a claimant under such section 1552, the in-
dividual shall be informed in writing of the time for 
obtaining review of the decision pursuant to section 
1558a of such title as provided therein. 
(4) IMPLEMENTATION.—The Secretaries con-
cerned may prescribe appropriate regulations, and 
interim guidance before prescribing such regulations, 
to implement the amendments made by this section. 
In the case of the Secretary of a military department, 
such regulations may not take effect until approved 
by the Secretary of Defense. 
(5) 
CONSTRUCTION.—This 
section 
and 
the 
amendments made by this section do not affect the 
authority of any court to exercise jurisdiction over 
any case that was properly before the court before the 
effective date specified in paragraph (1). 
(6) SECRETARY CONCERNED.—In this subsection, 
the term ‘‘Secretary concerned’’ has the meaning 
given that term in section 101(a)(9) of title 10, 
United States Code. 
SEC. 532. CLARIFICATION OF APPLICATION AND EXTENT OF 
DIRECT ACCEPTANCE OF GIFTS AUTHORITY. 
Section 2601a of title 10, United States Code, is 
amended— 
(1) in subsection (b)— 
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187 
(A) by striking ‘‘or’’ at the end of para-
graph (1); 
(B) by redesignating paragraph (2) as 
paragraph (3); and 
(C) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) in an operation or area designated as a 
combat operation or a combat zone, respectively, by 
the Secretary of Defense in accordance with the regu-
lations prescribed under subsection (a); or’’; 
(2) in subsection (c), by striking ‘‘paragraph (1) 
or (2) of subsection (c)’’ and inserting ‘‘paragraph 
(1), (2) or (3) of subsection (b)’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(e) RETROACTIVE APPLICATION OF REGULATIONS.— 
To the extent provided in the regulations issued under sub-
section (a), the regulations shall also apply to the accept-
ance of gifts for injuries or illnesses incurred on or after 
September 11, 2001, through the effective date of the regula-
tions.’’. 
SEC. 533. ADDITIONAL CONDITION ON REPEAL OF DON’T 
ASK, DON’T TELL POLICY. 
Effective as of December 22, 2010, and as if included 
therein as enacted, section 2(b) of Public Law 111–321 (124 
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188 
Stat. 3516) is amended by adding at the end the following 
new paragraph: 
‘‘(3) The Chief of Staff of the Army, the Chief of 
Naval Operations, the Commandant of the Marine 
Corps, and the Chief of Staff of the Air Force each 
submit to the congressional defense committees the of-
ficer’s written certification that repeal of section 654 
of title 10, United States Code, will not degrade the 
readiness, effectiveness, cohesion, and morale of com-
bat arms units and personnel of the Armed Force 
under the officer’s jurisdiction engaged in combat, de-
ployed to a combat theater, or preparing for deploy-
ment to a combat theater.’’. 
SEC. 534. MILITARY REGULATIONS REGARDING MARRIAGE. 
Congress reaffirms the policy of section 3 of the Defense 
of Marriage Act, codified as section 7 of title 1, United 
States Code. In determining the meaning of any Act of Con-
gress, or of any ruling, regulation, or interpretation of the 
Department of Defense applicable to members of the Armed 
Forces or civilian employees of the Department of Defense, 
the word ‘‘marriage’’ means only a legal union between one 
man and one woman as husband and wife, and the word 
‘‘spouse’’ refers only to a person of the opposite sex who 
is a husband or a wife. 
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189 
SEC. 535. USE OF MILITARY INSTALLATIONS AS SITE FOR 
MARRIAGE CEREMONIES AND PARTICIPATION 
OF CHAPLAINS AND OTHER MILITARY AND CI-
VILIAN PERSONNEL IN THEIR OFFICIAL CA-
PACITY. 
(a) LIMITATION ON USE.—A military installation or 
other property under the jurisdiction of the Department of 
Defense may be used as the site for a marriage ceremony 
only if the marriage complies with the definition of mar-
riage in section 7 of title 1, United States Code. 
(b) LIMITATION ON PARTICIPATION.—A member of the 
Armed Forces, including a chaplain, or civilian employee 
of the Department of Defense acting in an official capacity 
may assist in or perform a marriage ceremony only if the 
marriage complies with the definition of marriage in sec-
tion 7 of title 1, United States Code. 
Subtitle E—Member Education and 
Training Opportunities and Ad-
ministration 
SEC. 541. IMPROVED ACCESS TO APPRENTICESHIP PRO-
GRAMS 
FOR 
MEMBERS 
OF 
THE 
ARMED 
FORCES WHO ARE BEING SEPARATED FROM 
ACTIVE DUTY OR RETIRED. 
Section 1144 of title 10, United States Code, is amend-
ed by adding at the end the following new subsection: 
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190 
‘‘(e) 
PARTICIPATION
IN
APPRENTICESHIP
PRO-
GRAMS.—As part of the program carried out under this sec-
tion, the Secretary concerned may permit a member of the 
armed forces eligible for assistance under the program to 
participate in an apprenticeship program that provides 
employment skills training and assists members in 
transitioning into new careers in civilian life.’’. 
SEC. 542. EXPANSION OF RESERVE HEALTH PROFES-
SIONALS STIPEND PROGRAM TO INCLUDE 
STUDENTS IN MENTAL HEALTH DEGREE PRO-
GRAMS IN CRITICAL WARTIME SPECIALTIES. 
(a) RESERVE COMPONENT MENTAL HEALTH STUDENT 
STIPEND.—Section 16201 of title 10, United States Code, 
is amended— 
(1) by redesignating subsection (f) as subsection 
(g); and 
(2) by inserting after subsection (e) the following 
new subsection (f): 
‘‘(f) MENTAL HEALTH STUDENTS IN CRITICAL WAR-
TIME SPECIALTIES.—(1) Under the stipend program under 
this chapter, the Secretary of the military department con-
cerned may enter into an agreement with a person who— 
‘‘(A) is eligible to be appointed as an officer in 
a reserve component; 
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191 
‘‘(B) is enrolled or has been accepted for enroll-
ment in an institution in a course of study that re-
sults in a degree in clinical psychology or social work; 
‘‘(C) signs an agreement that, unless sooner sepa-
rated, the person will— 
‘‘(i) complete the educational phase of the 
program; 
‘‘(ii) accept a reappointment or redesigna-
tion within the person’s reserve component, if 
tendered, based upon the person’s health profes-
sion, following satisfactory completion of the 
educational and intern programs; and 
‘‘(iii) participate in a residency program if 
required for clinical licensure. 
‘‘(2) Under the agreement— 
‘‘(A) the Secretary of the military department 
concerned shall agree to pay the participant a sti-
pend, in an amount determined under subsection (g), 
for the period or the remainder of the period that the 
student is satisfactorily progressing toward a degree 
in clinical psychology or social work while enrolled in 
a school accredited in the designated mental health 
discipline; 
‘‘(B) the participant shall not be eligible to re-
ceive such stipend before appointment, designation, or 
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192 
assignment as an officer for service in the Ready Re-
serve; 
‘‘(C) the participant shall be subject to such ac-
tive duty requirements as may be specified in the 
agreement and to active duty in time of war or na-
tional emergency as provided by law for members of 
the Ready Reserve; and 
‘‘(D) the participant shall agree to serve, upon 
successful completion of the program, one year in the 
Ready Reserve for each six months, or part thereof, 
for which the stipend is provided, to be served in the 
Selected Reserve or in the Individual Ready Reserve 
as specified in the agreement.’’. 
(b) CROSS-REFERENCE AMENDMENTS.—Such section 
is further amended— 
(1) by striking ‘‘subsection (f)’’ in subsections 
(b)(2)(A), (c)(2)(A), and (d)(2)(A) and inserting 
‘‘subsection (g)’’; and 
(2) in subsection (g), as redesignated by sub-
section (a)(1), by striking ‘‘subsection (b) or (c)’’ and 
inserting ‘‘subsection (b), (c), (d), or (f)’’. 
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193 
SEC. 543. ADMINISTRATION OF UNITED STATES AIR FORCE 
INSTITUTE OF TECHNOLOGY. 
(a) AMENDMENT.—Chapter 901 of title 10, United 
States Code, is amended by inserting after section 9314a 
the following new section: 
‘‘§ 9314b. United States Air Force Institute of Tech-
nology: administration 
‘‘(a) COMMANDANT.— 
‘‘(1) SELECTION.—The Commandant of the 
United States Air Force Institute of Technology shall 
be selected by the Secretary of the Air Force. 
‘‘(2) ELIGIBILITY.—The Commandant shall be 
one of the following: 
‘‘(A) ACTIVE-DUTY
OFFICERS.—An active- 
duty officer of the Air Force in a grade not below 
the grade of colonel, who is assigned or detailed 
to such position. 
‘‘(B) CIVILIANS.—A civilian individual, in-
cluding an individual who was retired from the 
Air Force in a grade not below brigadier general, 
who has the qualifications appropriate to the po-
sition of Commandant and is selected by the Sec-
retary as the best qualified from among can-
didates for the position in accordance with— 
‘‘(i) the criteria specified in paragraph 
(5); 
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194 
‘‘(ii) a process determined by the Sec-
retary; and 
‘‘(iii) other factors the Secretary con-
siders relevant. 
‘‘(3) CONSULTATION
OF
RELEVANT
INDIVID-
UALS.—Before making an assignment, detail, or selec-
tion of an individual for the position of Com-
mandant, the Secretary shall— 
‘‘(A) consult with the Air Force Institute of 
Technology Subcommittee of the Air University 
Board of Visitors; 
‘‘(B) consider any recommendation of the 
leadership and faculty of the Air Force Institute 
of Technology regarding the assignment or selec-
tion to that position; and 
‘‘(C) consider the recommendations of the 
Air Force Chief of Staff. 
‘‘(4) FIVE
YEAR
TERM
FOR
CIVILIAN
COM-
MANDANT.—An individual selected for the position of 
Commandant under paragraph (1)(B) shall serve in 
that position for a term of not more than five years 
and may be continued in that position for an addi-
tional term of up to five years. 
‘‘(5) RELEVANT
QUALIFICATIONS.—The quali-
fications appropriate for selection of an individual 
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195 
for detail or assignment to the position of Com-
mandant include the following: 
‘‘(A) An academic degree that is either— 
‘‘(i) a doctorate degree in a field of 
study relevant to the mission and function 
of the Air Force Institute of Technology; or 
‘‘(ii) a master’s degree in a field of 
study relevant to the mission and function 
of the Air Force Institute of Technology, but 
only if— 
‘‘(I) the individual is an active- 
duty or retired officer of the Air Force 
in a grade not below the grade of brig-
adier general; and 
‘‘(II) at the time of the selection of 
that individual as Commandant, the 
individual permanently appointed to 
the position of Provost and Academic 
Dean has a doctorate degree in a field 
of study relevant to the mission and 
function of the Air Force Institute of 
Technology. 
‘‘(B) A comprehensive understanding of the 
Department of the Air Force, the Department of 
Defense, and joint and combined operations. 
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196 
‘‘(C) Leadership experience at the senior 
level in a large and diverse organization. 
‘‘(D) Demonstrated ability to foster and en-
courage a program of research in order to sus-
tain academic excellence. 
‘‘(E) Other qualifications, as determined by 
the Secretary. 
‘‘(6) SUPPORT.—The Secretary shall detail offi-
cers of the Air Force of appropriate grades and quali-
fications to assist the Commandant in— 
‘‘(A) the advanced instruction and profes-
sional and technical education of students and 
the provision of research opportunities for stu-
dents; and 
‘‘(B) the administration of the Air Force 
Institute of Technology. 
‘‘(b) PROVOST AND ACADEMIC DEAN.— 
‘‘(1) IN GENERAL.—There is established at the 
Air Force Institute of Technology the civilian position 
of Provost and Academic Dean. 
‘‘(2) APPOINTMENT.— 
‘‘(A) APPOINTMENT BY THE SECRETARY.— 
The Provost and Academic Dean shall be ap-
pointed by the Secretary for a term of five years. 
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197 
‘‘(B) CONSULTATION.—Before making an 
appointment to the position of Provost and Aca-
demic Dean, the Secretary shall consult with the 
Air Force Institute of Technology Subcommittee 
of the Air University Board of Visitors and shall 
consider any recommendation of the leadership 
and faculty of the Air Force Institute of Tech-
nology regarding an appointment to that posi-
tion. 
‘‘(3) COMPENSATION.—The Provost and Aca-
demic Dean is entitled to such compensation as the 
Secretary prescribes, but not more than the rate of 
compensation authorized for level IV of the Executive 
Schedule. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) COMMANDANT.—The term ‘Commandant’ 
means the Commandant of the Air Force Institute of 
Technology. 
‘‘(2) SECRETARY.—The term ‘Secretary’ means 
the Secretary of the Air Force.’’. 
(b) TREATMENT OF CURRENT COMMANDANT.—The of-
ficer who is serving as Commandant of the United States 
Air Force Institute of Technology at the time of the enact-
ment of this Act may serve as acting Commandant until 
the appointment of a Commandant in accordance with sec-
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198 
tion 9314b of title 10, United States Code, as added by sub-
section (a). 
(c) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 9314a the following new item: 
‘‘9314b. United States Air Force Institute of Technology: administration.’’. 
SEC. 544. APPOINTMENTS TO MILITARY SERVICE ACAD-
EMIES FROM NOMINATIONS MADE BY THE 
GOVERNOR OF PUERTO RICO. 
(a) UNITED STATES MILITARY ACADEMY.—Section 
4342(a)(7) of title 10, United States Code, is amended— 
(1) by striking ‘‘Six’’ and inserting ‘‘Eight’’; and 
(2) by striking ‘‘one who is a native’’ and insert-
ing ‘‘three who are natives’’. 
(b) UNITED
STATES
NAVAL
ACADEMY.—Section 
6954(a)(7) of title 10, United States Code, is amended— 
(1) by striking ‘‘Six’’ and inserting ‘‘Eight’’; and 
(2) by striking ‘‘one who is a native’’ and insert-
ing ‘‘three who are natives’’. 
(c) UNITED STATES AIR FORCE ACADEMY.—Section 
9342(a)(7) of title 10, United States Code, is amended— 
(1) by striking ‘‘Six’’ and inserting ‘‘Eight’’; and 
(2) by striking ‘‘one who is a native’’ and insert-
ing ‘‘three who are natives’’. 
(d) EFFECTIVE DATE.—The amendments made by this 
section shall apply with respect to the nomination of can-
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199 
didates for appointment to the United States Military 
Academy, the United States Naval Academy, and the 
United States Air Force Academy for classes entering these 
military service academies after the date of the enactment 
of this Act. 
SEC. 545. TEMPORARY AUTHORITY TO WAIVE MAXIMUM AGE 
LIMITATION 
ON 
ADMISSION 
TO 
UNITED 
STATES MILITARY ACADEMY, UNITED STATES 
NAVAL ACADEMY, AND UNITED STATES AIR 
FORCE ACADEMY. 
(a) WAIVER FOR CERTAIN ENLISTED MEMBERS.—The 
Secretary of the military department concerned may waive 
the maximum age limitation specified in section 4346(a), 
6958(a)(1), or 9346(a) of title 10, United States Code, for 
the admission of an enlisted member of the Armed Forces 
to the United States Military Academy, the United States 
Naval Academy, or the United States Air Force Academy 
if the member— 
(1) satisfies the eligibility requirements for ad-
mission to that academy (other than the maximum 
age limitation); and 
(2) was or is prevented from being admitted to 
a military service academy before the member reached 
the maximum age specified in such sections as a re-
sult of service on active duty in a theater of oper-
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200 
ations for Operation Iraqi Freedom, Operation En-
during Freedom, or Operation New Dawn. 
(b) WAIVER
FOR EXCEPTIONAL CANDIDATES.—The 
Secretary of the military department concerned may waive 
the maximum age limitation specified in such sections for 
the admission of a candidate to the United States Military 
Academy, the United States Naval Academy, or the United 
States Air Force Academy if the candidate— 
(1) satisfies the eligibility requirements for ad-
mission to that academy (other than the maximum 
age limitation); and 
(2) possesses an exceptional overall record that 
the Secretary concerned determines sets the candidate 
apart from all other candidates. 
(c) MAXIMUM AGE
FOR RECEIPT
OF WAIVER.—A 
waiver may not be granted under this section if the can-
didate would pass the candidate’s twenty-sixth birthday by 
July 1 of the year in which the candidate would enter the 
military service academy. 
(d) LIMITATION ON NUMBER ADMITTED USING WAIV-
ER.—No more than five candidates may be admitted to each 
of the military service academies for an academic year pur-
suant to a waiver granted under this section. 
(e) RECORD KEEPING REQUIREMENT.—The Secretary 
of each military department shall maintain records on the 
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201 
number of graduates of the military service academy under 
the jurisdiction of the Secretary who are admitted pursuant 
to a waiver granted under this section and who remain in 
the Armed Forces beyond the active duty service obligation 
assumed upon graduation. The Secretary shall compare 
their retention rate to the retention rate of graduates of that 
academy generally. 
(f) REPORTING REQUIREMENT.—Not later than April 
1, 2016, the Secretary of each military department shall 
submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report specifying— 
(1) the number of applications for waivers re-
ceived by the Secretary under subsection (a) and 
under subsection (b); 
(2) the number of waivers granted by the Sec-
retary, including whether the waiver was granted 
under subsection (a) or (b); 
(3) the number of candidates actually admitted 
to the military service academy under the jurisdiction 
of the Secretary pursuant to a waiver granted by the 
Secretary under this section; and 
(4) beginning with the class of 2009, the number 
of graduates of the military service academy under 
the jurisdiction of the Secretary who, before admission 
to that academy, were enlisted members of the Armed 
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