112 
nities to support a base aircraft rescue or respond 
to a fire involving a combat aircraft, cargo aircraft 
or weapon system. 
(4) An evaluation of the impact on certifi-
cations of the base fire departments as a result of 
the reductions in fire fighting personnel and or func-
tions at the base. 
(5) A plan to restore personnel needed to sup-
port the mission should it be determined that per-
sonnel reductions resulting from PBD720 have neg-
atively impacted the ability to perform their mission. 
Subtitle D—Energy Security 
SEC. 331. ANNUAL REPORT ON OPERATIONAL ENERGY 
MANAGEMENT AND IMPLEMENTATION OF 
OPERATIONAL ENERGY STRATEGY. 
(a) REPORT REQUIRED.—Section 2925 of title 10, 
United States Code, is amended by striking subsection (b) 
and inserting the following new subsection: 
‘‘(b) ANNUAL REPORT RELATED TO OPERATIONAL 
ENERGY.—(1) Simultaneous with the annual report re-
quired by subsection (a), the Secretary of Defense, acting 
through the Director of Operational Energy Plans and 
Programs, shall submit to the congressional defense com-
mittees a report on operational energy management and
113 
the implementation of the operational energy strategy es-
tablished pursuant to section 139b of this title. 
‘‘(2) The annual report under this subsection shall 
address and include the following: 
‘‘(A) Statistical information on operational en-
ergy demands, in terms of expenditures and con-
sumption, for the preceding five fiscal years, includ-
ing funding made available in regular defense appro-
priations Acts and any supplemental appropriation 
Acts. 
‘‘(B) An estimate of operational energy de-
mands for the current fiscal year and next fiscal 
year, including funding requested to meet oper-
ational energy demands in the budget submitted to 
Congress under section 1105 of title 31 and in any 
supplemental requests. 
‘‘(C) A description of each initiative related to 
the operational energy strategy and a summary of 
funds appropriated for each initiative in the previous 
fiscal year and current fiscal year and requested for 
each initiative for the next five fiscal years. 
‘‘(D) An evaluation of progress made by the 
Department of Defense— 
‘‘(i) in implementing the operational en-
ergy strategy, including the progress of key ini-
114 
tiatives and technology investments related to 
operational energy demand and management; 
and 
‘‘(ii) in meeting the operational energy 
goals set forth in the strategy. 
‘‘(E) Such recommendations as the Director 
considers appropriate for additional changes in orga-
nization or authority within the Department of De-
fense to enable further implementation of the energy 
strategy and such other comments and recommenda-
tions as the Director considers appropriate. 
‘‘(3) If a report under this subsection is submitted 
in a classified form, the Secretary shall concurrently sub-
mit to the congressional defense committees an unclassi-
fied version of the information required by this subsection. 
‘‘(4) In this subsection, the term ‘operational energy’ 
means the energy required for moving and sustaining mili-
tary forces and weapons platforms for military operations. 
The term includes energy used by tactical power systems 
and generators and weapons platforms.’’. 
(b) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such 
section is amended to read as follows:
115 
‘‘§ 2925. Annual Department of Defense energy man-
agement reports’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of subchapter III of chapter 173 of 
such title is amended by striking the item relating 
to section 2925 and inserting the following new 
item: 
‘‘2925. Annual Department of Defense energy management reports.’’. 
SEC. 332. CONSIDERATION OF FUEL LOGISTICS SUPPORT 
REQUIREMENTS 
IN 
PLANNING, 
REQUIRE-
MENTS DEVELOPMENT, AND ACQUISITION 
PROCESSES. 
(a) PLANNING.—In the case of campaign analyses 
and force planning processes that are used to establish 
capability requirements and inform acquisition decisions, 
the Secretary of Defense shall require that campaign anal-
yses and force planning processes consider the require-
ments for, and vulnerability of, fuel logistics and their re-
lationship to operational capability. 
(b) CAPABILITY
REQUIREMENTS
DEVELOPMENT 
PROCESS.—The Secretary of Defense shall develop and 
implement a methodology to enable the implementation of 
a fuel efficiency key performance parameter in the require-
ments development process. 
(c) ACQUISITION PROCESS.—The Secretary of De-
fense shall require that the life-cycle cost analysis for new
116 
capabilities include the fully burdened cost of fuel during 
analysis of alternatives and evaluation of alternatives and 
acquisition program design trades. 
(d) IMPLEMENTATION PLAN.—The Secretary of De-
fense shall prepare a plan for implementing the require-
ments of this section. The plan shall be completed not 
later than 180 days after the date of the enactment of 
this Act and provide for implementation of the require-
ments not later than three years after such date. 
(e) REPORT.—Until the certification required by sub-
section (g) is provided, the Secretary of Defense shall sub-
mit to the congressional defense committees a report, not 
later than January 1 of each year, describing progress 
made to implement the requirements of this section during 
the preceding fiscal year. 
(f) FULLY BURDENED COST OF FUEL DEFINED.— 
In this section, the term ‘‘fully burdened cost of fuel’’ 
means the commodity price for fuel plus the total cost of 
all personnel and assets required to move and, when nec-
essary, protect the fuel from the point at which the fuel 
is received from the commercial supplier to the point of 
use. 
(g) CERTIFICATION OF COMPLIANCE.—As soon as 
practicable during the three-year period beginning on the 
date of the enactment of this Act, the Secretary of Defense
117 
shall certify to the congressional defense committees that 
the Secretary has complied with the requirements of this 
section. If the Secretary is unable to provide the certifi-
cation, the Secretary shall submit to the congressional de-
fense committees at the end of the three-year period a re-
port containing— 
(1) an explanation of the reasons why the re-
quirements, or portions of the requirements, have 
not been implemented; and 
(2) a revised plan under subsection (d) to com-
plete implementation or a rationale regarding why 
portions of the requirements cannot or should not be 
implemented. 
SEC. 333. STUDY ON SOLAR ENERGY FOR USE AT FORWARD 
OPERATING LOCATIONS. 
(a) STUDY REQUIRED.—The Secretary of Defense 
shall provide for a study to examine the feasibility of using 
solar energy to provide electricity at forward operating lo-
cations. 
(b) MATTERS EXAMINED.—The study shall examine, 
at a minimum, the following: 
(1) The potential for solar energy to reduce the 
fuel supply needed to provide electricity at forward 
operating locations and the extent to which such re-
duction will decrease the risk of casualties by reduc-
118 
ing the number of convoys needed to supply fuel to 
forward operating locations. 
(2) The cost of using solar energy to provide 
electricity. 
(3) The potential savings of using solar energy 
to provide electricity compared to current methods. 
(4) The environmental benefits of using solar 
energy to provide electricity instead of the current 
methods. 
(5) The sustainability and operating require-
ments of solar energy systems for providing elec-
tricity compared to current methods. 
(c) REPORT.—Not later than March 1, 2009, the 
Secretary shall submit to the congressional defense com-
mittees a report on the results of the study required by 
subsection (a). 
SEC. 334. STUDY ON COAL-TO-LIQUID FUELS. 
(a) STUDY REQUIRED.—The Secretary of Defense 
shall conduct a study on alternatives to reduce the life 
cycle emissions of coal-to-liquid fuels and potential uses 
of coal-to-liquid fuels to meet the Department’s mobility 
energy requirements. 
(b) MATTERS EXAMINES.—The study shall examine, 
at a minimum, the following:
119 
(1) The potential clean energy alternatives for 
powering the conversion processes, including nuclear, 
solar, and wind energies. 
(2) The alternatives for reducing carbon emis-
sions during the conversion processes. 
(3) The military utility of coal-to-liquid fuels 
for military operations and for use by expeditionary 
forces compared with the military utility and life 
cycle emissions of mobile, in-theater synthetic fuel 
processes. 
(c) USE OF FEDERALLY FUNDED RESEARCH AND 
DEVELOPMENT CENTER.—The Secretary of Defense shall 
select a federally funded research and development center 
to perform the study required by subsection (a). 
(d) REPORT.—Not later than March 1, 2009, the fed-
erally funded research and development center shall sub-
mit to the congressional defense committees and the Sec-
retary of Defense a report on the results of the study re-
quired by subsection (a). 
SEC. 335. EXCEPTION TO ALTERNATIVE FUEL PROCURE-
MENT REQUIREMENT. 
Section 526 of the Energy Independence and Security 
Act of 2007 (Public Law 110–140; 42 U.S.C. 17142) is 
amended—
120 
(1) by striking ‘‘No Federal agency’’ and insert-
ing ‘‘(a) REQUIREMENT.—Except as provided in 
subsection (b), no Federal agency’’; and 
(2) by adding at the end the following: 
‘‘(b) EXCEPTION.—Subsection (a) does not prohibit 
a Federal agency from entering into a contract to pur-
chase a generally available fuel that is not an alternative 
or synthetic fuel or predominantly produced from a non-
conventional petroleum source, if— 
‘‘(1) the contract does not specifically require 
the contractor to provide an alternative or synthetic 
fuel or fuel from a nonconventional petroleum 
source; 
‘‘(2) the purpose of the contract is not to obtain 
an alternative or synthetic fuel or fuel from a non-
conventional petroleum source; and 
‘‘(3) the contract does not provide incentives for 
a refinery upgrade or expansion to allow a refinery 
to use or increase its use of fuel from a nonconven-
tional petroleum source.’’. 
SEC. 336. STUDY OF CONSIDERATION OF GREENHOUSE GAS 
EMISSIONS IN ACQUISITION PROCESSES. 
(a) STUDY.—The Secretary of Defense shall conduct 
a study to develop procedures and methods to measure 
and consider greenhouse gas emissions in the acquisition
121 
process, and shall include in the study an examination of 
the following: 
(1) The processes and methods which would 
need to be developed and adopted to allow the De-
partment of Defense to consider greenhouse gas 
emissions in the planning, requirements develop-
ment, and acquisition processes. 
(2) The internal and external data necessary to 
allow the Department of Defense to consider green-
house gas emissions in the planning, requirements 
development, and acquisition processes. 
(3) A timetable for the implementation of such 
procedures and methods in the acquisition process, 
as well as an estimate of the costs associated with 
such implementation. 
(4) Such other factors as the Secretary con-
siders appropriate with respect to the development 
and implementation of such procedures and meth-
ods. 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary shall submit 
to the Congressional defense committees a report on the 
results of the study conducted under subsection (a).
122 
Subtitle E—Reports 
SEC. 341. COMPTROLLER GENERAL REPORT ON READINESS 
OF ARMED FORCES. 
(a) REPORT REQUIRED.— 
(1) IN
GENERAL.—Not later than June 1, 
2009, the Comptroller General shall submit to the 
Committees on Armed Services of the Senate and 
House of Representatives a report on the readiness 
of the regular and reserve components of the Armed 
Forces. The report shall be unclassified but may 
contain a classified annex. 
(2) ONE
OR
MORE
REPORTS.—In complying 
with the requirements of this section, the Comp-
troller General may submit a single report address-
ing all the elements specified in subsection (b) or 
two or more reports addressing any combination of 
such elements. 
(b) ELEMENTS.—The elements specified in this sub-
section are the following: 
(1) An analysis of the readiness status, as of 
the date of the enactment of this Act, of the regular 
and reserve components of the Army and the Marine 
Corps, including any significant changes in any 
trends with respect to such components since 2001.
123 
(2) An analysis of the readiness status, as of 
such date, of the regular and reserve components of 
the Air Force and the Navy, including a description 
of any major factors that affect the ability of the 
Navy or Air Force to provide trained and ready 
forces for ongoing operations and to meet overall 
readiness goals. 
(3) An analysis of the efforts of the Secretary 
of each military department to address any major 
factors affecting the readiness of the regular and re-
serve components under the jurisdiction of that Sec-
retary. 
SEC. 342. REPORT ON PLAN TO ENHANCE COMBAT SKILLS 
OF NAVY AND AIR FORCE PERSONNEL. 
(a) REPORT REQUIRED.—At the same time as the 
budget for fiscal year 2010 is submitted to Congress under 
section 1105(a) of title 31, United States Code, the Sec-
retary of Defense shall submit to the Committees on 
Armed Services of the Senate and House of Representa-
tives a report on— 
(1) the plans of the Secretary of the Navy to 
improve the combat skills of the members of the 
Navy; and
124 
(2) the plans of the Secretary of the Air Force 
to improve the combat skills of the members of the 
Air Force. 
(b) ELEMENTS OF REPORT.—The report required 
under subsection (a) shall include each of the following: 
(1) The criteria that the Secretary of the Air 
Force and the Secretary of the Navy use to select 
permanent sites for their Common Battlefield Air-
men Training and Expeditionary Combat Skills 
courses. 
(2) An identification of the extent to which the 
Secretary of the Navy and Secretary of the Air 
Force coordinated with each other and with the Sec-
retary of the Army and the Commandant of the Ma-
rine Corps with respect to their plans to expand 
combat skills training for members of the Navy and 
Air Force, respectively, together with a complete list 
of bases or locations that were considered as possible 
sites for the coordinated training. 
(3) 
The 
estimated 
implementation 
and 
sustainment costs for the Air Force Common Battle-
field Airmen Training and Navy Expeditionary Com-
bat Skills courses. 
(4) The estimated cost savings, if any, which 
could result by carrying out such combat skills train-
125 
ing at existing Department of Defense facilities or 
by using existing ground combat training resources. 
SEC. 343. COMPTROLLER GENERAL REPORT ON THE USE 
OF THE ARMY RESERVE AND NATIONAL 
GUARD AS AN OPERATIONAL RESERVE. 
(a) REPORT REQUIRED.—Not later than June 1, 
2009, the Comptroller General shall submit to the Com-
mittees on Armed Services of the Senate and House of 
Representatives a report on the use of the Army Reserve 
and National Guard forces as an operational reserve. 
(b) ELEMENTS.—The report required by subsection 
(a) shall include a description of current and programmed 
resources, force structure, and organizational challenges 
that the Army Reserve and National Guard forces may 
face serving as an operational reserve, including— 
(1) equipment availability, maintenance, and lo-
gistics issues; 
(2) manning and force structure; 
(3) training constraints limiting— 
(A) facilities and ranges; 
(B) access to military schools and skill 
training; and 
(C) access to the Combat Training Cen-
ters; and
126 
(4) any conflicts with requirements under title 
32, United States Code. 
SEC. 344. COMPTROLLER GENERAL REPORT ON LINK BE-
TWEEN PREPARATION AND USE OF ARMY RE-
SERVE COMPONENT FORCES TO SUPPORT 
ONGOING OPERATIONS. 
(a) REPORT REQUIRED.—Not later than June 1, 
2009, the Comptroller General shall submit to the Com-
mittees on Armed Services of the Senate and House of 
Representatives a report on the link between the prepara-
tion and operational use of the Army’s reserve component 
forces. 
(b) ELEMENTS.—The report required by subsection 
(a) shall include— 
(1) an analysis of the Army’s ability to train 
and employ reserve component units— 
(A) to execute the wartime or primary mis-
sions for which the units are designed; and 
(B) for non-traditional missions to which 
such units are assigned, as of the date of the 
enactment of this Act, in support of ongoing 
operations, including factors affecting unit or 
individual preparation, the effect of notification 
timelines, and access to training facilities, in-
127 
cluding the National Training Center and the 
Joint Readiness Training Center; and 
(2) an analysis of the effect of mobilization and 
deployment laws, goals, and policies on the Army’s 
ability to train and employ reserve component units 
for the purposes described in paragraph (1). 
SEC. 345. COMPTROLLER GENERAL REPORT ON ADEQUACY 
OF FUNDING, STAFFING, AND ORGANIZATION 
OF DEPARTMENT OF DEFENSE MILITARY MU-
NITIONS RESPONSE PROGRAM. 
(a) REPORT REQUIRED.—Not later than one year 
after the date of the enactment of this Act, the Comp-
troller General shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a re-
port on the adequacy of the funding, staffing, and organi-
zation of the Military Munitions Response Program of the 
Department of Defense. 
(b) ELEMENTS.—The report required by subsection 
(a) shall include— 
(1) an analysis of the funding, staffing, and or-
ganization of the Military Munitions Response Pro-
gram; and 
(2) an assessment of the Program mechanisms 
for the accountability, reporting, and monitoring of 
the progress of munitions response projects and
128 
methods to reduce the length of time of such 
projects. 
SEC. 346. REPORT ON OPTIONS FOR PROVIDING REPAIR 
CAPABILITIES TO SUPPORT SHIPS OPER-
ATING NEAR GUAM. 
(a) REPORT REQUIRED.—Not later than March 1, 
2009, the Secretary of the Navy shall submit to the com-
mittees on Armed Services of the Senate and House of 
Representatives a report on the best option or combination 
of options for providing voyage repair capabilities to sup-
port all United States Navy ships operating at or near 
Guam. 
(b) CONTENTS OF REPORT.—The report required 
under subsection (a) shall include each of the following: 
(1) The Secretary’s estimate, based on the 
quantitative data determined to be most appropriate 
by the Secretary, of the requirements for voyage re-
pairs for all United States Navy vessels operating at 
or near Guam, including— 
(A) such requirements for ships operated 
by the Military Sealift Command; and 
(B) such requirements for United States 
Navy vessels for which the designated homeport 
of the vessel is anticipated to become Guam as
129 
a result of the realignment of the Armed Forces 
from Okinawa, Japan, to Guam. 
(2) The recommendations of the Secretary for 
ensuring that adequate voyage repair capabilities are 
available for all United States Navy ships operating 
at or near Guam and an estimate of the amount of 
time required to implement such capabilities. 
(3) The Secretary’s assessment of the benefits 
and limitations of each option for providing voyage 
repairs to all United States Navy ships operating at 
or near Guam and of the anticipated costs and stra-
tegic and operational risks associated with each such 
option. 
(4) A plan and schedule for implementing a 
course of action to ensure that the required ship re-
pair capability is available by not later than October 
31, 2012. 
Subtitle F—Other Matters 
SEC. 351. EXTENSION OF ENTERPRISE TRANSITION PLAN 
REPORTING REQUIREMENT. 
Section 2222(i) of title 10, United States Code, is 
amended by striking ‘‘2009’’ and inserting ‘‘2013’’.
130 
SEC. 352. DEMILITARIZATION OF LOANED, GIVEN, OR EX-
CHANGED DOCUMENTS, HISTORICAL ARTI-
FACTS, 
AND 
CONDEMNED 
OR 
OBSOLETE 
COMBAT MATERIEL. 
Section 2572(d) of title 10, United States Code, is 
amended— 
(1) in paragraph (1), by adding at the end the 
following new sentence: ‘‘The Secretary concerned 
shall ensure that an item authorized to be donated 
under this section is demilitarized, as determined 
necessary by the Secretary or the Secretary’s 
delegee, to the extent necessary to render the item 
unserviceable in the interest of public safety.’’; and 
(2) in paragraph (2)(A), by inserting before the 
period at the end the following: ‘‘, including any ex-
pense associated with demilitarizing an item under 
paragraph (1), for which the recipient of the item 
shall be responsible’’. 
SEC. 353. REPEAL OF REQUIREMENT THAT SECRETARY OF 
AIR FORCE PROVIDE TRAINING AND SUP-
PORT TO OTHER MILITARY DEPARTMENTS 
FOR A–10 AIRCRAFT. 
(a) REPEAL.—Chapter 901 of title 10, United States 
Code, is amended by striking section 9316.
131 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by striking 
the item relating to section 9316. 
SEC. 354. DISPLAY OF ANNUAL BUDGET REQUIREMENTS 
FOR AIR SOVEREIGNTY ALERT MISSION. 
(a) SUBMISSION WITH ANNUAL BUDGET JUSTIFICA-
TION DOCUMENTS.—For fiscal year 2010 and each subse-
quent fiscal year, the Secretary of Defense shall submit 
to the President, for consideration by the President for 
inclusion with the budget materials submitted to Congress 
under section 1105(a) of title 31, United States Code, a 
consolidated budget justification display that covers all 
programs and activities of the Air Sovereignty Alert mis-
sion of the Air Force. 
(b) REQUIREMENTS
FOR BUDGET DISPLAY.—The 
budget display under subsection (a) for a fiscal year shall 
include for such fiscal year the following: 
(1) The funding requirements for the Air Sov-
ereignty Alert mission, and the associated Command 
and Control mission, including such requirements 
for— 
(A) pay and allowances; 
(B) support costs; 
(C) Medicare eligible retiree health fund 
contributions;
132 
(D) flying hours; and 
(E) any other associated mission costs. 
(2) The amount in the budget for the Air Force 
for each of the items referred to in paragraph (1). 
(3) The amount in the budget for the Air Na-
tional Guard for each such item. 
SEC. 355. SENSE OF CONGRESS THAT AIR SOVEREIGNTY 
ALERT MISSION SHOULD RECEIVE SUFFI-
CIENT FUNDING AND RESOURCES. 
It is the sense of Congress that— 
(1) since the tragic events of September 11, 
2001, the Air National Guard has bravely performed 
the Air Sovereignty Alert mission to defend the 
homeland in support of Operation Noble Eagle; 
(2) the Air National Guard continues to serve 
as the backbone of this vital national security mis-
sion; 
(3) the United States Air Force should include 
full funding for the Air Sovereignty Alert mission in 
the baseline budget of the Air Force; 
(4) the United States Air Force should program 
sufficient personnel, equipment, and aircraft re-
sources to the Air National Guard to fully and safely 
perform the Air Sovereignty Alert mission;
133 
(5) the capability of Air National Guard air-
craft assigned to the Air Sovereignty Alert mission 
is rapidly deteriorating due to age and may impede 
the ability of the Air National Guard to protect the 
homeland; 
(6) by 2015, many of the Air National Guard’s 
fighter aircraft will have exceeded their service life 
and will be grounded, resulting in a breach of home-
land defense, a potential closure of Air National 
Guard bases, the loss of critical personnel with the 
accompanying loss of experience and training, and 
the loss of the fighter capability of the Air National 
Guard; and 
(7) the United States Air Force should ensure 
that the Air National Guard and the Air Sovereignty 
Alert mission are provided with resources, personnel, 
and aircraft needed to support this critical mission 
now and in the future. 
SEC. 356. REVISION OF CERTAIN AIR FORCE REGULATIONS 
REQUIRED. 
(a) REVISION REQUIRED.—Not later than 90 days 
after the date of enactment of this Act, the Secretary of 
the Air Force shall revise the Air Freight Transportation 
Regulation Number 5, dated January 15, 1999, to con-
form with Defense Travel Regulations to ensure that
134 
freight covered by Air Freight Transportation Regulation 
Number 5 is carried in accordance with commercial best 
practices that are based upon a mode-neutral approach. 
(b) MODE-NEUTRAL
APPROACH
DEFINED.—For 
purposes of this section, the term ‘‘mode-neutral ap-
proach’’ means a method of shipment that allows a shipper 
to choose a carrier with a time-definite performance stand-
ard for delivery without specifying a particular mode of 
conveyance and allows the carrier to select the mode of 
conveyance using best commercial practices as long as the 
mode of conveyance can reasonably be expected to ensure 
the time-definite delivery requested by the shipper. 
SEC. 357. TRANSFER OF C–12 AIRCRAFT TO CALIFORNIA DE-
PARTMENT OF FORESTRY AND FIRE PROTEC-
TION. 
(a) AUTHORITY.—The Secretary of the Army may 
convey to the California Department of Forestry and Fire 
Protection (hereinafter in this section referred to as ‘‘CAL 
FIRE’’), all right, title, and interest of the United States 
in three C–12 aircraft that the Secretary has determined 
are surplus to need. 
(b) CONVEYANCE
AT NO COST
TO
THE UNITED 
STATES.—The conveyance of an aircraft authorized by 
this section shall be made at no cost to the United States. 
Any costs associated with such conveyance, costs of deter-
135 
mining compliance with terms of the conveyance, and costs 
of operation and maintenance of the aircraft conveyed 
shall be borne by CAL FIRE. 
SEC. 358. AVAILABILITY OF FUNDS FOR IRREGULAR WAR-
FARE SUPPORT PROGRAM. 
Of the amount appropriated pursuant to an author-
ization of appropriations or otherwise made available for 
the Joint Improvised Explosive Device Defeat Organiza-
tion for fiscal year 2009, $75,000,000 shall be available 
for the Irregular Warfare Support program (program ele-
ment line 0603121D8Z, SO/LIC Advanced Development). 
SEC. 359. SENSE OF CONGRESS REGARDING PROCURE-
MENT AND USE OF MUNITIONS. 
It is the sense of Congress that the Secretary of De-
fense should— 
(1) in making decisions with respect to procure-
ment of munitions, develop methods to account for 
the full life-cycle costs of munitions, including the 
effects of failure rates on the cost of disposal; and 
(2) undertake a review of live-fire practices for 
the purpose of reducing unexploded ordnance and 
munitions-constituent contamination without imped-
ing military readiness.
136 
SEC. 360. LIMITATION ON OBLIGATION OF FUNDS FOR AIR 
COMBAT 
COMMAND 
MANAGEMENT 
HEAD-
QUARTERS. 
Of the funds appropriated pursuant to an authoriza-
tion of appropriations or otherwise made available for Op-
eration and Maintenance, Air Force, for fiscal year 2009, 
the amount that may be obligated for Air Force Com-
mander, Air Combat Command Management Head-
quarters, Sub-Activity Group 012E, for any fiscal quarter 
of such fiscal year may not exceed 80 percent of the 
amount of such funds obligated for such purpose for the 
corresponding fiscal quarter of fiscal year 2008 until the 
Secretary of Defense certifies to the congressional defense 
committees that by not later than February 3, 2009, the 
Future Year’s Defense Plan will include funding for 76 
commonly configured B–52 aircraft. 
SEC. 361. INCREASE OF DOMESTIC SOURCING OF MILITARY 
WORKING DOGS USED BY THE DEPARTMENT 
OF DEFENSE. 
(a) INCREASED CAPACITY.—The Secretary of De-
fense, acting through the Executive Agent for Military 
Working Dogs (hereinafter in this section referred to as 
the ‘‘Executive Agent’’), shall— 
(1) identify the number of military working 
dogs required to fulfill the various missions of the 
Department of Defense for which such dogs are
137 
used, including force protection, facility and check 
point security, and explosives and drug detection; 
(2) take such steps as are practicable to ensure 
an adequate number of military working dog teams 
are available to meet and sustain the mission re-
quirements identified in paragraph (1); 
(3) ensure that the Department’s needs and 
performance standards with respect to military 
working dogs are readily available to dog breeders 
and trainers; and 
(4) coordinate with other Federal, State, or 
local agencies, nonprofit organizations, universities, 
or private sector entities, as appropriate, to increase 
the training capacity for military working dog teams. 
(b) MILITARY WORKING DOG PROCUREMENT.—The 
Secretary, acting through the Executive Agent shall work 
to ensure that military working dogs are procured as effi-
ciently as possible and at the best value to the Govern-
ment, while maintaining the necessary level of quality and 
encouraging increased domestic breeding, with the ulti-
mate goal of procuring all military working dogs through 
domestic breeders. 
(c) MILITARY WORKING DOG DEFINED.—For pur-
poses of this section, the term ‘‘military working dog’’
138 
means a dog used in any official military capacity, as de-
fined by the Secretary of Defense. 
SEC. 362. FUNDING FOR PROGRAMS RELATING TO DENTAL 
READINESS FOR THE ARMY RESERVE. 
Of the amount authorized in section 301(6) to be ap-
propriated for fiscal year 2009 for the Army Reserve— 
(1) $22,300,000 is authorized for first term 
dental readiness; and 
(2) $8,500,000 is authorized for demobilization 
dental treatment. 
TITLE IV—MILITARY 
PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent active duty end strength minimum levels. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2009 limitation on number of non-dual status technicians. 
Sec. 415. Maximum number of reserve personnel authorized to be on active 
duty for operational support. 
Sec. 416. Additional waiver authority of limitation on number of reserve compo-
nent members authorized to be on active duty. 
Subtitle C—Authorization of Appropriations 
Sec. 421. Military personnel. 
Subtitle A—Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
The Armed Forces are authorized strengths for active 
duty personnel as of September 30, 2009, as follows: 
(1) The Army, 532,400.
139 
(2) The Navy, 326,323. 
(3) The Marine Corps, 194,000. 
(4) The Air Force, 317,050. 
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END 
STRENGTH MINIMUM LEVELS. 
Section 691(b) of title 10, United States Code, is 
amended by striking paragraphs (1) through (4) and in-
serting the following new paragraphs: 
‘‘(1) For the Army, 532,400. 
‘‘(2) For the Navy, 326,323. 
‘‘(3) For the Marine Corps, 194,000. 
‘‘(4) For the Air Force, 317,050.’’. 
Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL.—The Armed Forces are authorized 
strengths for Selected Reserve personnel of the reserve 
components as of September 30, 2009, as follows: 
(1) The Army National Guard of the United 
States, 352,600. 
(2) The Army Reserve, 205,000. 
(3) The Navy Reserve, 66,700. 
(4) The Marine Corps Reserve, 39,600. 
(5) The Air National Guard of the United 
States, 106,700. 
(6) The Air Force Reserve, 67,400.
140 
(7) The Coast Guard Reserve, 10,000. 
(b) 
END
STRENGTH
REDUCTIONS.—The 
end 
strengths prescribed by subsection (a) for the Selected Re-
serve of any reserve component shall be proportionately 
reduced by— 
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of 
such component which are on active duty (other 
than for training) at the end of the fiscal year; and 
(2) the total number of individual members not 
in units organized to serve as units of the Selected 
Reserve of such component who are on active duty 
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end 
of the fiscal year. 
(c) END STRENGTH INCREASES.—Whenever units or 
individual members of the Selected Reserve of any reserve 
component are released from active duty during any fiscal 
year, the end strength prescribed for such fiscal year for 
the Selected Reserve of such reserve component shall be 
increased proportionately by the total authorized strengths 
of such units and by the total number of such individual 
members.
141 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 
DUTY IN SUPPORT OF THE RESERVES. 
Within the end strengths prescribed in section 
411(a), the reserve components of the Armed Forces are 
authorized, as of September 30, 2009, the following num-
ber of Reserves to be serving on full-time active duty or 
full-time duty, in the case of members of the National 
Guard, for the purpose of organizing, administering, re-
cruiting, instructing, or training the reserve components: 
(1) The Army National Guard of the United 
States, 32,060. 
(2) The Army Reserve, 17,070. 
(3) The Navy Reserve, 11,099. 
(4) The Marine Corps Reserve, 2,261. 
(5) The Air National Guard of the United 
States, 14,337. 
(6) The Air Force Reserve, 2,733. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 
(DUAL STATUS). 
The minimum number of military technicians (dual 
status) as of the last day of fiscal year 2009 for the re-
serve components of the Army and the Air Force (notwith-
standing section 129 of title 10, United States Code) shall 
be the following: 
(1) For the Army Reserve, 8,395.
142 
(2) For the Army National Guard of the United 
States, 27,210. 
(3) For the Air Force Reserve, 10,003. 
(4) For the Air National Guard of the United 
States, 22,452. 
SEC. 414. FISCAL YEAR 2009 LIMITATION ON NUMBER OF 
NON-DUAL STATUS TECHNICIANS. 
(a) LIMITATIONS.— 
(1) NATIONAL GUARD.—Within the limitation 
provided in section 10217(c)(2) of title 10, United 
States Code, the number of non-dual status techni-
cians employed by the National Guard as of Sep-
tember 30, 2009, may not exceed the following: 
(A) For the Army National Guard of the 
United States, 1,600. 
(B) For the Air National Guard of the 
United States, 350. 
(2) ARMY RESERVE.—The number of non-dual 
status technicians employed by the Army Reserve as 
of September 30, 2009, may not exceed 595. 
(3) AIR FORCE RESERVE.—The number of non- 
dual status technicians employed by the Air Force 
Reserve as of September 30, 2009, may not exceed 
90.
143 
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 
this section, the term ‘‘non-dual status technician’’ has the 
meaning given that term in section 10217(a) of title 10, 
United States Code. 
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
THORIZED TO BE ON ACTIVE DUTY FOR 
OPERATIONAL SUPPORT. 
During fiscal year 2009, the maximum number of 
members of the reserve components of the Armed Forces 
who may be serving at any time on full-time operational 
support duty under section 115(b) of title 10, United 
States Code, is the following: 
(1) The Army National Guard of the United 
States, 17,000. 
(2) The Army Reserve, 13,000. 
(3) The Navy Reserve, 6,200. 
(4) The Marine Corps Reserve, 3,000. 
(5) The Air National Guard of the United 
States, 16,000. 
(6) The Air Force Reserve, 14,000.
144 
SEC. 416. ADDITIONAL WAIVER AUTHORITY OF LIMITATION 
ON NUMBER OF RESERVE COMPONENT MEM-
BERS AUTHORIZED TO BE ON ACTIVE DUTY. 
(a) ADDITIONAL WAIVER AUTHORITY.—Subsection 
(a) of section 123a of title 10, United States Code, is 
amended— 
(1) by inserting ‘‘(1)’’ before ‘‘If at the end’’; 
and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) When a designation of a major disaster or emer-
gency (as those terms are defined in section 102 of the 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5122)) is in effect, the President may 
waive any statutory limit that would otherwise apply dur-
ing the period of the designation on the number of mem-
bers of a reserve component who are authorized to be on 
active duty under subparagraph (A) or (B) of section 
115(b)(1) of this title, if the President determines the 
waiver is necessary to provide assistance in responding to 
the major disaster or emergency.’’. 
(b) TERMINATION OF WAIVER.—Subsection (b) of 
such section is amended— 
(1) by striking the subsection heading and in-
serting the following: ‘‘TERMINATION OF WAIVER.— 
(1)’’;
145 
(2) by striking ‘‘subsection (a)’’ and inserting 
‘‘subsection (a)(1)’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(2) A waiver granted under subsection (a)(2) shall 
terminate not later than 90 days after the date on which 
the designation of the major disaster or emergency that 
was the basis for the waiver expires.’’. 
(c) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such 
section is amended to read as follows: 
‘‘§ 123a. 
Suspension 
of 
end-strength 
and 
other 
strength limitations in time of war or na-
tional emergency’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 3 of such title is amend-
ed by striking the item relating to section 123a and 
inserting the following new item: 
‘‘123a. Suspension of end-strength and other strength limitations in time of war 
or national emergency.’’. 
Subtitle C—Authorization of 
Appropriations 
SEC. 421. MILITARY PERSONNEL. 
There is hereby authorized to be appropriated to the 
Department of Defense for military personnel for fiscal 
year 2009 a total of $124,659,768,000. The authorization
146 
in the preceding sentence supersedes any other authoriza-
tion of appropriations (definite or indefinite) for such pur-
pose for fiscal year 2009. 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel Policy Generally 
Sec. 501. Mandatory separation requirements for regular warrant officers for 
length of service. 
Sec. 502. Requirements for issuance of posthumous commissions and warrants. 
Sec. 503. Extension of authority to reduce minimum length of active service re-
quired for voluntary retirement as an officer. 
Sec. 504. Increase in authorized number of general officers on active duty in 
the Marine Corps. 
Subtitle B—Reserve Component Management 
Sec. 511. Extension to all military departments of authority to defer mandatory 
separation of military technicians (dual status). 
Sec. 512. Increase in authorized strengths for Marine Corps Reserve officers on 
active duty in the grades of major and lieutenant colonel to 
meet force structure requirements. 
Sec. 513. Clarification of authority to consider for a vacancy promotion Na-
tional Guard officers ordered to active duty in support of a 
contingency operation. 
Sec. 514. Increase in mandatory retirement age for certain Reserve officers. 
Sec. 515. Age limit for retention of certain Reserve officers on active-status list 
as exception to removal for years of commissioned service. 
Sec. 516. Authority to retain Reserve chaplains and officers in medical and re-
lated specialties until age 68. 
Sec. 517. Study and report regarding personnel movements in Marine Corps 
Individual Ready Reserve. 
Subtitle C—Joint Qualified Officers and Requirements 
Sec. 521. Joint duty requirements for promotion to general or flag officer. 
Sec. 522. Technical, conforming, and clerical changes to joint specialty termi-
nology. 
Sec. 523. Promotion policy objectives for Joint Qualified Officers. 
Sec. 524. Length of joint duty assignments. 
Sec. 525. Designation of general and flag officer positions on Joint Staff as po-
sitions to be held only by reserve component officers. 
Sec. 526. Treatment of certain service as joint duty experience. 
Subtitle D—General Service Authorities 
Sec. 531. Increase in authorized maximum reenlistment term. 
Sec. 532. Career intermission pilot program. 
Subtitle E—Education and Training
147 
Sec. 541. Repeal of prohibition on phased increase in midshipmen and cadet 
strength limit at United States Naval Academy and Air Force 
Academy. 
Sec. 542. Promotion of foreign and cultural exchange activities at military serv-
ice academies. 
Sec. 543. Compensation for civilian President of Naval Postgraduate School. 
Sec. 544. Increased authority to enroll defense industry employees in defense 
product development program. 
Sec. 545. Requirement of completion of service under honorable conditions for 
purposes of entitlement to educational assistance for reserve 
components members supporting contingency operations. 
Sec. 546. Consistent education loan repayment authority for health profes-
sionals in regular components and Selected Reserve. 
Sec. 547. Increase in number of units of Junior Reserve Officers’ Training 
Corps. 
Sec. 548. Correction of erroneous Army College Fund benefit amounts. 
Sec. 549. Expanded authority for institutions of professional military education 
to award degrees. 
Sec. 550. Enhancing education partnerships to improve accessibility and flexi-
bility for members of the Armed Forces. 
Subtitle F—Military Justice 
Sec. 551. Grade of Staff Judge Advocate to the Commandant of the Marine 
Corps. 
Sec. 552. Standing military protection order. 
Sec. 553. Mandatory notification of issuance of military protective order to ci-
vilian law enforcement. 
Sec. 554. Implementation of information database on sexual assault incidents 
in the Armed Forces. 
Subtitle G—Decorations, Awards, and Honorary Promotions 
Sec. 561. Replacement of military decorations. 
Sec. 562. Authorization and request for award of Medal of Honor to Richard 
L. Etchberger for acts of valor during the Vietnam War. 
Sec. 563. Advancement of Brigadier General Charles E. Yeager, United States 
Air Force (retired), on the retired list. 
Sec. 564. Advancement of Rear Admiral Wayne E. Meyer, United States Navy 
(retired), on the retired list. 
Sec. 565. Award of Vietnam Service Medal to veterans who participated in Ma-
yaguez rescue operation. 
Sec. 566. Retroactive award of Army Combat Action Badge. 
Subtitle H—Impact Aid 
Sec. 571. Continuation of authority to assist local educational agencies that 
benefit dependents of members of the Armed Forces and De-
partment of Defense civilian employees. 
Sec. 572. Calculation of payments under Department of Education’s Impact 
Aid program. 
Subtitle I—Military Families 
Sec. 581. Presentation of burial flag. 
Sec. 582. Education and training opportunities for military spouses.
148 
Sec. 583. Sense of the Congress regarding honor guard details for funerals of 
veterans. 
Subtitle J—Other Matters 
Sec. 591. Inclusion of Reserves in providing Federal aid for State governments, 
enforcing Federal authority, and responding to major public 
emergencies. 
Sec. 592. Interest payments on certain claims arising from correction of mili-
tary records. 
Sec. 593. Extension of limitation on reductions of personnel of agencies respon-
sible for review and correction of military records. 
Sec. 594. Authority to order Reserve units to active duty to provide assistance 
in response to a major disaster or emergency. 
Sec. 595. Senior Military Leadership Diversity Commission. 
Sec. 596. Limitation on simultaneous deployment to combat zones of dual-mili-
tary couples who have minor dependents. 
Sec. 597. Additional funds to carry out funeral honor functions at funerals for 
veterans. 
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:
149 
‘‘(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 sub-
section: 
‘‘(c) A commission issued under subsection (a) in con-
nection 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(a) of 
such title is amended— 
(1) by striking ‘‘in line of duty’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) A warrant issued under subsection (a) in connec-
tion with the promotion of a deceased member to a higher
150 
grade shall require a finding by the Secretary of the mili-
tary department concerned that, at the time of death of 
the member, the member was qualified for appointment 
to that higher grade.’’. 
SEC. 503. EXTENSION OF AUTHORITY TO REDUCE MINIMUM 
LENGTH OF ACTIVE SERVICE REQUIRED FOR 
VOLUNTARY RETIREMENT AS AN OFFICER. 
(a) ARMY.—Section 3911(b)(2) of title 10, United 
States Code, is amended by inserting after ‘‘December 31, 
2008,’’ the following: ‘‘and again during the one-year pe-
riod beginning on October 1, 2013,’’. 
(b) 
NAVY
AND
MARINE
CORPS.—Section 
6323(a)(2)(B) of such title is amended by inserting after 
‘‘December 31, 2008,’’ the following: ‘‘and again during 
the one-year period beginning on October 1, 2013,’’. 
(c) AIR FORCE.—Section 8911(b)(2) of such title is 
amended by inserting after ‘‘December 31, 2008,’’ the fol-
lowing: ‘‘and again during the one-year period beginning 
on October 1, 2013,’’. 
SEC. 504. INCREASE IN AUTHORIZED NUMBER OF GENERAL 
OFFICERS ON ACTIVE DUTY IN THE MARINE 
CORPS. 
(a) INCREASE.—Section 526(a)(4) of title 10, United 
States Code, is amended by striking ‘‘80’’ and inserting 
‘‘81’’.
151 
(b) CONFORMING AMENDMENTS REGARDING DIS-
TRIBUTION
OF MARINE GENERAL OFFICERS.—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)(2)(B), by striking ‘‘17.5 
percent’’ and inserting ‘‘19 percent’’. 
Subtitle B—Reserve Component 
Management 
SEC. 511. EXTENSION TO ALL MILITARY DEPARTMENTS OF 
AUTHORITY TO DEFER MANDATORY SEPARA-
TION OF MILITARY TECHNICIANS (DUAL STA-
TUS). 
Section 10216(f) of title 10, United States Code, is 
amended by striking ‘‘Secretary of the Army’’ and insert-
ing ‘‘Secretary concerned’’. 
SEC. 512. INCREASE IN AUTHORIZED STRENGTHS FOR MA-
RINE CORPS RESERVE OFFICERS ON ACTIVE 
DUTY IN THE GRADES OF MAJOR AND LIEU-
TENANT COLONEL TO MEET FORCE STRUC-
TURE REQUIREMENTS. 
The table in section 12011(a) of title 10, United 
States Code, relating to the number of officers of a reserve
152 
component who may be serving in certain grades given the 
total number of members of that reserve component serv-
ing on full-time reserve component duty, is amended by 
striking the portion of the table relating to the Marine 
Corps Reserve and inserting the following: 
‘‘Marine Corps Re-
serve: 
Major 
Lieutenant Colonel 
Colonel 
1,100 ......... 
1,200 ......... 
103 
1,300 ......... 
107 
1,400 ......... 
111 
1,500 ......... 
114 
1,600 ......... 
117 
1,700 ......... 
120 
1,800 ......... 
123 
1,900 ......... 
126 
2,000 ......... 
129 
2,100 ......... 
132 
2,200 ......... 
134 
2,300 ......... 
136 
2,400 ......... 
138 
101 
2,500 ......... 
140 
103 
2,600 ......... 
142 
105 
35’’. 
SEC. 513. CLARIFICATION OF AUTHORITY TO CONSIDER 
FOR 
A 
VACANCY 
PROMOTION 
NATIONAL 
GUARD OFFICERS ORDERED TO ACTIVE DUTY 
IN SUPPORT OF A CONTINGENCY OPER-
ATION. 
(a) ADDITIONAL EXCEPTION.—Subsection (d) of sec-
tion 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 or-
dered’’ and inserting ‘‘unless the officer— 
‘‘(A) is ordered’’;
153 
(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 EXAMINA-
TION 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.— 
(1) INCREASED AGE.—Section 14702(b) of such 
title is amended—
154 
(A) in the subsection heading, by striking 
‘‘AT AGE 60’’ and inserting ‘‘FOR AGE’’; and 
(B) 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 be-
comes 60 years of age.’’. 
(c) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of section 
14702 of such title is amended to read as follows: 
‘‘§ 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:
155 
‘‘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 RE-
SERVE 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 sub-
section (h); and 
(2) by inserting after subsection (f) the fol-
lowing 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 discre-
tion 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
OFFI-
CERS.—Section 14703(b) of title 10, United States Code,
156 
is amended by striking ‘‘67 years’’ and inserting ‘‘68 
years’’. 
(b) NATIONAL GUARD CHAPLAINS AND MEDICAL OF-
FICERS.—Section 324 of title 32, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(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 offi-
cer becomes 68 years of age.’’. 
SEC. 517. STUDY AND REPORT REGARDING PERSONNEL 
MOVEMENTS IN MARINE CORPS INDIVIDUAL 
READY RESERVE. 
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 for 
the movement of personnel in and out of the Individual 
Ready Reserve. Not later than 90 days after the date of 
the enactment of this Act, the Secretary shall submit to 
the congressional defense committees a report containing 
the results of the study.
157 
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 para-
graph (2) of subsection (a), or both paragraphs 
(1) and (2) of subsection (a),’’ in the matter 
preceding paragraph (1) and inserting ‘‘sub-
section (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.—
159 
‘‘§ 661. Management policies for Joint Qualified Offi-
cers’’. 
(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.—Sec-
tion 663 of title 10, United States Code, 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 des-
ignated as a Joint Qualified Officer’’. 
(c) PROCEDURES
FOR MONITORING CAREERS
OF 
JOINT QUALIFIED OFFICERS.— 
(1) IN GENERAL.—Section 665 of such title is 
amended—
160 
(A) in subsection (a)(1)(A), by striking 
‘‘with the joint specialty’’ and inserting ‘‘des-
ignated 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: 
‘‘§ 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 title 10, United States Code, 
is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by striking ‘‘se-
lected for the joint specialty’’ and inserting 
‘‘designated as a Joint Qualified Officer’’; and 
(B) in subparagraph (B), by striking ‘‘se-
lection for the joint specialty’’ and inserting 
‘‘designation as a Joint Qualified Officer,’’;
161 
(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 insert-
ing ‘‘designated as a Joint Qualified Officer’’; 
(4) in paragraph (4)— 
(A) in subparagraph (A), by striking ‘‘se-
lected for the joint specialty’’ and inserting 
‘‘designated as a Joint Qualified Officer’’; and 
(B) by striking subparagraph (B) and in-
serting the following new subparagraph: 
‘‘(B) a comparison of the number of offi-
cers who were designated as a Joint Qualified 
Officer who had served in a Joint Duty Assign-
ment List billet and completed Joint Profes-
sional 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 Edu-
cation 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;
162 
(6) by inserting after paragraph (4) the fol-
lowing new paragraphs: 
‘‘(5) The promotion rate for officers designated 
as a Joint Qualified Officer, compared with the pro-
motion rate for other officers considered for pro-
motion 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 redes-
ignated by paragraph (5), the following new para-
graph: 
‘‘(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 re-
ported by service and grade of the officer.’’.
163 
SEC. 523. PROMOTION POLICY OBJECTIVES FOR JOINT 
QUALIFIED OFFICERS. 
Section 662 of title 10, United States Code, is 
amended— 
(1) in subsection (a), by striking ‘‘that—’’ and 
all that follows through ‘‘served in joint duty assign-
ments’’ and inserting ‘‘that officers in the grade of 
major (or in the case of the Navy, lieutenant com-
mander) or above who are designated as a Joint 
Qualified Officer’’; and 
(2) in subsection (b), by striking ‘‘officers who 
are serving in, or have served in, joint duty assign-
ments, especially with respect to the record of officer 
selection boards in meeting the objectives of para-
graphs (1) and (2) of subsection (a).’’ and inserting 
‘‘officers in the grades of major (or in the case of 
the Navy, lieutenant commander) through colonel 
(or in the case of the Navy, captain) who are des-
ignated as a Joint Qualified Officer, especially with 
respect to the record of officer selection boards in 
meeting the objective of subsection (a).’’. 
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—
164 
(1) in paragraph (1), by striking subparagraph 
(D) and inserting the following new subparagraph: 
‘‘(D) a qualifying reassignment from a 
joint duty assignment— 
‘‘(i) for unusual personal reasons, in-
cluding extreme hardship and medical con-
ditions, 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 as-
signment was available within the 
same organization that was commen-
surate 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) Service in a joint duty assignment in a 
case in which the officer’s tour of duty in that as-
signment brings the officer’s accrued service for pur-
poses of subsection (f)(3) to the applicable standard 
prescribed in subsection (a).’’.
165 
(b) COMPUTING AVERAGE LENGTH OF JOINT DUTY 
ASSIGNMENTS.—Subsection (e) of such section is amend-
ed by striking paragraph (2) and inserting the following 
new paragraph: 
‘‘(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) A second and subsequent joint duty as-
signment 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:
166 
‘‘(g) ACCRUED JOINT EXPERIENCE.—For the pur-
poses 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 ‘‘para-
graphs (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 fur-
ther 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 posi-
tion’’ and inserting ‘‘up to three general and flag officer 
positions’’.
343 
protect national security and confidential business 
information. 
(2) The Secretary shall consult with experts 
within the Department of Defense, the Office of 
Management and Budget, the Office of the United 
States Trade Representative, and other agencies and 
offices of the Federal government, as appropriate, 
on the potential impact of illegal subsidies on the 
source selection process for the KC–45 Aerial Re-
fueling Aircraft Program. 
(3) The Secretary shall request information 
from each of the offerors in the source selection 
process for the KC–45 Aerial Refueling Aircraft 
Program on the potential impact of illegal subsidies 
on such process. 
(c) COMPLETION OF REVIEW.—The Secretary of the 
Air Force shall complete the review required by subsection 
(a) not later than 90 days after the World Trade Organi-
zation has ruled on all illegal subsidy cases involving large 
commercial aircraft pending at the World Trade Organiza-
tion as of the date of the enactment of this Act. 
(d) DETERMINATION AND REMEDY REQUIRED.—If 
the Secretary of the Air Force determines, after per-
forming the review required by subsection (a), that an ille-
gal subsidy or subsidies had a material impact on the