(4) As directed in Executive Order 13256, a plan 
documenting the Department’s effort in increasing the 
capacity of HBCU/MIs to participate in the research 
programs of the Department. 
(5) Any other matters the Secretary considers 
appropriate. 
SEC. 233. TECHNOLOGY-NEUTRAL INFORMATION TECH-
NOLOGY GUIDELINES AND STANDARDS TO 
SUPPORT 
FULLY 
INTEROPERABLE 
ELEC-
TRONIC PERSONAL HEALTH INFORMATION 
FOR THE DEPARTMENT OF DEFENSE AND DE-
PARTMENT OF VETERANS AFFAIRS. 
(a) IN GENERAL.—Section 1635 of the National De-
fense Authorization Act for Fiscal Year 2008 (Public Law 
110–181; 122 Stat. 460; 10 U.S.C. 1071 note) is amended— 
(1) in subsection (h)(1) by adding at the end the 
following: 
‘‘(C) A description and analysis of the level 
of interoperability and security of technologies 
for sharing healthcare information among the 
Department of Defense, the Department of Vet-
erans Affairs, and their transaction partners. 
‘‘(D) A description and analysis of the 
problems the Department of Defense and the De-
partment of Veterans Affairs are having with, 
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and the progress such agencies are making to-
ward, 
ensuring 
interoperable 
and 
secure 
healthcare information systems and electronic 
healthcare records.’’. 
(2) by adding at the end the following: 
‘‘(j) TECHNOLOGY-NEUTRAL GUIDELINES AND STAND-
ARDS.— 
‘‘(1) IN GENERAL.—The Director, in consultation 
with industry and appropriate Federal agencies, shall 
develop, or shall adopt from industry, technology-neu-
tral information technology infrastructure guidelines 
and standards for use by the Department of Defense 
and the Department of Veterans Affairs to enable 
those agencies to effectively select and utilize informa-
tion technologies to meet the requirements of this sec-
tion, in a manner that is— 
‘‘(A) interoperable; 
‘‘(B) inclusive of ongoing Federal efforts 
that provide technical expertise to harmonize ex-
isting standards and assist in the development of 
interoperability specifications; and 
‘‘(C) consistent with relevant guidance and 
directives for the development of information 
technology systems with the Department of De-
fense and the Department of Veterans Affairs. 
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‘‘(2) ELEMENTS.—The guidelines and standards 
developed or adopted under subsection (a) shall— 
‘‘(A) promote the use by commercially 
available and open source products to incor-
porate those guidelines and standards; 
‘‘(B) develop uniform testing procedures 
suitable for determining the conformance of com-
mercially available and other Federally devel-
oped healthcare information technology products 
with the guidelines and standards; 
‘‘(C) support and promote the testing of 
electronic healthcare information technologies 
utilized by the Department of Defense and the 
Department of Veterans Affairs; 
‘‘(D) provide protection and security pro-
files; 
‘‘(E) establish a core set of specifications in 
transactions between Federal agencies and their 
transaction partners; and 
‘‘(F) include validation criteria to enable 
Federal agencies to select healthcare information 
technologies appropriate to their needs. 
‘‘(3) REPORT.—Not later than March 31, 2009, 
the Director shall submit to the Secretary of Defense 
and the Secretary of Veterans Affairs, and to the ap-
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propriate congressional committees, a report identi-
fying the guidelines and standards developed or 
adopted under this subsection. The report shall in-
clude— 
‘‘(A) a description of how the Office is 
working with the Business Transformation Agen-
cy to integrate these standards into the Enter-
prise Transition Plan for the Department of De-
fense; and 
‘‘(B) a synchronization roadmap showing 
the timeline for the deployment of applicable ex-
isting and planned healthcare information tech-
nology systems and how they will implement 
these standards.’’. 
(b) COMPLIANCE WITH REQUIREMENTS.—The amend-
ments made by subsection (a) shall not impede the Sec-
retary of Defense, the Secretary of Veterans Affairs, and the 
interagency program office from ensuring that the require-
ments of subsection (d) of section 1635 of that Act, includ-
ing the date specified in that subsection, are met. 
SEC. 234. REPEAL OF REQUIREMENT FOR TECHNOLOGY 
TRANSITION INITIATIVE. 
(a) ASSESSMENT REQUIRED.— 
(1) IN
GENERAL.—Not later than March 31, 
2009, the Under Secretary of Defense for Acquisition, 
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Technology, and Logistics shall assess the feasibility 
of consolidating various technology transition ac-
counts into a unified effort managed by a senior offi-
cial of the Department of Defense. 
(2) OSD PROGRAMS
INCLUDED.—Such assess-
ment shall include, but shall not be limited to, the fol-
lowing programs within the Office of the Secretary of 
Defense: Technology Transition Initiative, Foreign 
Comparative Test, Defense Acquisition Challenge Pro-
gram, Quick Reaction Fund, Manufacturing Tech-
nology, Joint Capability Technology Demonstrations, 
Defense Technology Link, Joint Capability Tech-
nology Demonstration Transition Program, Defense 
Acquisition Executive, Rapid Reaction Fund, and 
Operational Experimentation Division. 
(3) MILITARY
DEPARTMENT
PROGRAMS
IN-
CLUDED.—Such assessment shall also include, as ap-
propriate, the technology transition initiatives of the 
military departments. 
(b) INITIATIVE REQUIREMENT REPEALED.— 
(1) IN
GENERAL.—Section 2359a of title 10, 
United States Code, is amended— 
(A) by amending the section heading to 
read as follows: 
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‘‘§ 2359a. Technology Transition Council’’; 
(B) by striking subsections (a), (b), (c), (d), 
(e), (f), and (h); and 
(C) by redesignating subsections (g) and (i) 
as (a) and (b), respectively. 
(2) CONFORMING AMENDMENT.—The table of sec-
tions at the beginning of chapter 139 of title 10, 
United States Code, is amended by striking the item 
relating to section 2359a and inserting the following 
new item: 
‘‘2359a. Technology Transition Council.’’. 
SEC. 235. TRUSTED DEFENSE SYSTEMS. 
(a) ASSESSMENT REQUIRED.—The Secretary of De-
fense shall conduct a comprehensive assessment of covered 
acquisition programs to identify vulnerabilities in the sup-
ply chain of each program’s information processing systems 
that potentially compromise the level of trust in such sys-
tems. Such assessment shall also— 
(1) assess vulnerabilities at multiple levels of the 
information processing system, including but not lim-
ited to, microcircuits, software, and firmware; 
(2) prioritize the potential vulnerabilities and 
impacts of the various elements and stages of the sys-
tem supply chain to identify the most effective bal-
ance of investments to minimize the effects of com-
promise; 
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(3) provide recommendations regarding ways to 
improve trust in the supply chain for covered acquisi-
tion programs; and 
(4) identify the appropriate lead, and sup-
porting elements, within the Department of Defense 
for the development of an integrated strategy for en-
suring trust in the supply chain for acquisition pro-
grams. 
(b) STRATEGY REQUIRED.—The lead identified pursu-
ant to subsection (a)(4), in cooperation with the supporting 
elements also identified by the Secretary of Defense, shall 
develop an integrated strategy for ensuring trust in the sup-
ply chain for acquisition programs. Such strategy shall— 
(1) address the vulnerabilities identified by the 
Secretary’s assessment under subsection (a); 
(2) reflect the priorities identified by such assess-
ment; 
(3) be executable by the defense acquisition com-
munity; and 
(4) be sufficiently specific to provide guidance 
for the planning, programming, budgeting, and execu-
tion process in order to ensure acquisition programs 
have the necessary resources to implement all appro-
priate elements of the strategy. 
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(c) INTERIM POLICY FOR APPLICATION SPECIFIC IN-
TEGRATED CIRCUITS.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall issue a policy requiring covered trusted systems to em-
ploy only trusted foundry services to fabricate their custom 
designed integrated circuits. 
(d) SUBMISSION TO CONGRESS.—Not later than 12 
months after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the congressional defense 
committees— 
(1) the assessment required by subsection (a); 
and 
(2) the strategy required by subsection (b). 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘covered acquisition programs’’ 
means a Department of Defense acquisition program 
that is a major system for purposes of section 2302(5) 
of title 10, United States Code, and— 
(A) has not yet entered low-rate initial pro-
duction, as defined in section 2400 of title 10, 
United States Code; or 
(B) is currently in production or no longer 
in production, and information processing sys-
tem upgrades are still planned over the life cycle 
of the system. 
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(2) The terms ‘‘trust’’ and ‘‘trusted’’ refer to the 
high confidence by the Department of Defense in the 
national ability to secure national security systems 
by assessing the integrity of the people and processes 
used to design, generate, manufacture, and distribute 
national security critical components. 
(3) The term ‘‘covered trusted systems’’ means— 
(A) all Mission Assurance Category I sys-
tems, as defined in Department of Defense Direc-
tive 8500.01E and associated Department of De-
fense Instruction 8500.2; and 
(B) any other system identified by the Sec-
retary of Defense as a system— 
(i) that is vital to mission effectiveness 
or operational readiness of deployed or con-
tingency forces; 
(ii) the loss or degradation of which re-
sults in immediate and sustained loss of 
mission effectiveness; 
(iii) that is highly accurate and highly 
available; and 
(iv) for which the most stringent pro-
tection measures are required. 
(4) The term ‘‘trusted foundry services’’ means 
the program co-funded by the National Security 
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Agency and the Department of Defense, through pro-
gram element 0605140D8Z, or any such similar pro-
gram approved by the Secretary of Defense. 
SEC. 236. LIMITATION ON OBLIGATION OF FUNDS FOR EN-
HANCED AN/TPQ–36 RADAR SYSTEM PENDING 
SUBMISSION OF REPORT. 
Of the amounts appropriated pursuant to section 
201(1) of this Act or otherwise made available for fiscal 
year 2009 for research, development, test, and evaluation, 
Army, for the Enhanced AN/TPQ–36 radar system, not 
more than 70 percent of the amounts remaining unobligated 
as of the date of the enactment of this Act may be obligated 
until the Secretary of the Army submits to the congressional 
defense committees a report describing the plan to transi-
tion the Counter-Rockets, Artillery, and Mortars program 
to a program of record. 
SEC. 237. CAPABILITIES-BASED ASSESSMENT TO OUTLINE A 
JOINT APPROACH FOR FUTURE DEVELOP-
MENT OF VERTICAL LIFT AIRCRAFT AND 
ROTORCRAFT. 
(a) ASSESSMENT REQUIRED.—The Secretary of De-
fense and the Chairman of the Joint Chiefs of Staff shall 
carry out a capabilities-based assessment that outlines a 
joint approach to the future development of vertical lift air-
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craft and rotorcraft for all of the military services. The as-
sessment shall— 
(1) address critical technologies required for fu-
ture development, including a technology roadmap; 
(2) include the development of a strategic plan 
that— 
(A) formalizes the Department of Defense’s 
strategic vision for the next generation of De-
partment of Defense vertical lift aircraft and 
rotorcraft; 
(B) establishes joint requirements for the 
next generation of Department of Defense 
vertical lift aircraft and rotorcraft technology; 
and 
(C) emphasizes the development of common 
service requirements; and 
(3) include the development of a detailed science 
and technology investment and implementation plan 
and an identification of the resources required to im-
plement it. 
(b) REPORT.—The Secretary and the Chairman shall 
submit to the congressional defense committees a report on 
the assessment under subsection (a). The report shall in-
clude— 
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(1) the technology roadmap referred to in sub-
section (a)(1); 
(2) the strategic plan referred to in subsection 
(a)(2); 
(3) the plan and the identification of resources 
referred to in subsection (a)(3); and 
(4) a detailed plan to establish a Joint Vertical 
Lift Aircraft/Rotorcraft Office based on lessons 
learned from the Joint Advanced Strike Technology 
(JAST) Office. 
SEC. 238. AVAILABILITY OF FUNDS FOR PROMPT GLOBAL 
STRIKE CAPABILITY DEVELOPMENT. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of this Act, funds for conventional prompt global strike 
capability development are authorized by this Act only for 
those activities expressly delineated in the expenditure plan 
for fiscal years 2008 and 2009 that was required by section 
243 of the National Defense Authorization Act for Fiscal 
Year 2008 (Public Law 110–181; 122 Stat. 51; 10 U.S.C. 
113 note) and submitted to the congressional defense com-
mittees and dated March 24, 2008, or those activities other-
wise expressly authorized by Congress. 
(b) REPORT.—The Secretary of Defense shall submit 
to the congressional defense committees, concurrently with 
the President’s budget request for fiscal year 2010, a report 
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that describes each conventional prompt global strike con-
cept that— 
(1) has been, or will be, affected by the tech-
nology applications developed pursuant to conven-
tional prompt global strike activities within fiscal 
year 2009; and 
(2) will be considered within the context of any 
conventional prompt global strike concept decision in 
fiscal year 2010. 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—Authorization of Appropriations 
Sec. 301. Operation and maintenance funding. 
Subtitle B—Environmental Provisions 
Sec. 311. Authorization for Department of Defense participation in conservation 
banking programs. 
Sec. 312. Reimbursement of Environmental Protection Agency for certain costs in 
connection with Moses Lake Wellfield Superfund Site, Moses 
Lake, Washington. 
Sec. 313. Expand cooperative agreement authority for management of natural re-
sources to include off-installation mitigation. 
Subtitle C—Workplace and Depot Issues 
Sec. 321. Time limitation on duration of public-private competitions. 
Sec. 322. Comprehensive analysis and development of single Government-wide 
definition of inherently governmental function. 
Sec. 323. Study on future depot capability. 
Sec. 324. High-performing organization business process reengineering. 
Sec. 325. Temporary suspension of studies and public-private competitions re-
garding conversion of functions of the Department of Defense 
performed by civilian employees to contractor performance. 
Sec. 326. Consolidation of Air Force and Air National Guard aircraft mainte-
nance. 
Sec. 327. Guidance for performance of civilian personnel work under Air Force 
civilian personnel consolidation plan. 
Sec. 328. Report on reduction in number of firefighters on Air Force bases. 
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Subtitle D—Energy Security 
Sec. 331. Annual report on operational energy management and implementation 
of operational energy strategy. 
Sec. 332. Consideration of fuel logistics support requirements in planning, re-
quirements development, and acquisition processes. 
Sec. 333. Study on solar energy for use at forward operating locations. 
Sec. 334. Study on coal-to-liquid fuels. 
Subtitle E—Reports 
Sec. 341. Comptroller General report on readiness of Armed Forces. 
Sec. 342. Report on plan to enhance combat skills of Navy and Air Force per-
sonnel. 
Sec. 343. Comptroller General report on the use of the Army Reserve and Na-
tional Guard as an operational reserve. 
Sec. 344. Comptroller General report on link between preparation and use of 
Army reserve component forces to support ongoing operations. 
Sec. 345. Comptroller General report on adequacy of funding, staffing, and orga-
nization of Department of Defense Military Munitions Response 
Program. 
Sec. 346. Report on options for providing repair capabilities to support ships op-
erating near Guam. 
Subtitle F—Other Matters 
Sec. 351. Extension of Enterprise Transition Plan reporting requirement. 
Sec. 352. Demilitarization of loaned, given, or exchanged documents, historical 
artifacts, and condemned or obsolete combat materiel. 
Sec. 353. Repeal of requirement that Secretary of Air Force provide training and 
support to other military departments for A–10 aircraft. 
Sec. 354. Display of annual budget requirements for Air Sovereignty Alert Mis-
sion. 
Sec. 355. Sense of Congress that Air Sovereignty Alert Mission should receive suf-
ficient funding and resources. 
Sec. 356. Revision of certain Air Force regulations required. 
Sec. 357. Transfer of C–12 aircraft to California Department of Forestry and 
Fire Protection. 
Sec. 358. Availability of funds for Irregular Warfare Support program. 
Sec. 359. Sense of Congress regarding procurement and use of munitions. 
Sec. 360. Limitation on obligation of funds for Air Combat Command Manage-
ment Headquarters. 
Sec. 361. Increase of domestic sourcing of military working dogs used by the De-
partment of Defense. 
Subtitle A—Authorization of 
Appropriations 
SEC. 301. OPERATION AND MAINTENANCE FUNDING. 
Funds are hereby authorized to be appropriated for fis-
cal year 2009 for the use of the Armed Forces and other 
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activities and agencies of the Department of Defense for ex-
penses, not otherwise provided for, for operation and main-
tenance, in amounts as follows: 
(1) For the Army, $31,788,395,000. 
(2) For the Navy, $34,870,098,000. 
(3) For the Marine Corps, $5,680,054,000. 
(4) For the Air Force, $35,060,427,000. 
(5) For Defense-wide activities, $25,806,657,000. 
(6) For the Army Reserve, $2,659,141,000. 
(7) For the Naval Reserve, $1,311,085,000. 
(8) For the Marine Corps Reserve, $213,131,000. 
(9) For the Air Force Reserve, $3,202,892,000. 
(10) 
For 
the 
Army 
National 
Guard, 
$5,900,346,000. 
(11) 
For 
the 
Air 
National 
Guard, 
$5,929,576,000. 
(12) For the United States Court of Appeals for 
the Armed Forces, $13,254,000. 
(13) For Environmental Restoration, Army, 
$447,776,000. 
(14) For Environmental Restoration, Navy, 
$290,819,000. 
(15) For Environmental Restoration, Air Force, 
$496,277,000. 
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(16) For Environmental Restoration, Defense- 
wide, $13,175,000. 
(17) For Environmental Restoration, Formerly 
Used Defense Sites, $257,796,000. 
(18) For Overseas Humanitarian, Disaster, and 
Civic Aid programs, $83,273,000. 
(19) For Cooperative Threat Reduction pro-
grams, $445,135,000. 
(20) For the Overseas Contingency Operations 
Transfer Fund, $9,101,000. 
Subtitle B—Environmental 
Provisions 
SEC. 311. AUTHORIZATION FOR DEPARTMENT OF DEFENSE 
PARTICIPATION IN CONSERVATION BANKING 
PROGRAMS. 
(a) PARTICIPATION AUTHORIZED.—Chapter 159 of 
title 10, United States Code, is amended by inserting after 
section 2694b the following new section: 
‘‘§ 2694c. Participation in conservation banking pro-
grams 
‘‘(a) AUTHORITY
TO PARTICIPATE.—Subject to the 
availability of appropriated funds to carry out this section, 
the Secretary concerned, when engaged or proposing to en-
gage in an activity described in subsection (b) that may 
or will result in an adverse impact to one or more species 
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protected (or pending protection) under any applicable pro-
vision of law, or habitat for such species, may make pay-
ments to a conservation banking program or ‘in-lieu-fee’ 
mitigation sponsor approved in accordance with— 
‘‘(1) the Federal Guidance for the Establishment, 
Use and Operation of Mitigation Banks (60 Fed. Reg. 
58605; November 28, 1995); 
‘‘(2) the Guidance for the Establishment, Use, 
and Operation of Conservation Banks (68 Fed. Reg. 
24753; May 2, 2003); 
‘‘(3) the Federal Guidance on the Use of In-Lieu- 
Fee Arrangements for Compensatory Mitigation 
Under Section 404 of the Clean Water Act and Sec-
tion 10 of the Rivers and Harbors Act (65 Fed. Reg. 
66915; November 7, 2000); or 
‘‘(4) any successor or related administrative 
guidance or regulation. 
‘‘(b) COVERED ACTIVITIES.—Payments to a conserva-
tion banking program or ‘in-lieu-fee’ mitigation sponsor 
under subsection (a) may be made only for the purpose of 
facilitating one or more of the following activities: 
‘‘(1) Military testing, operations, training, or 
other military activity. 
‘‘(2) Military construction. 
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‘‘(c) TREATMENT OF AMOUNTS FOR CONSERVATION 
BANKING.—Payments made under subsection (a) to a con-
servation banking program or ‘in-lieu-fee’ mitigation spon-
sor for the purpose of facilitating military construction 
may be treated as eligible costs of the military construction 
project. 
‘‘(d) SECRETARY CONCERNED DEFINED.—In this sec-
tion, the term ‘Secretary concerned’ means— 
‘‘(1) the Secretary of a military department; and 
‘‘(2) the Secretary of Defense with respect to a 
Defense Agency.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 2694b the following new item: 
‘‘2694c. Participation in conservation banking programs.’’. 
(c) EFFECTIVE DATE.—Section 2694c of title 10, 
United States Code, as added by subsection (a), shall take 
effect on October 1, 2008, and only funds appropriated for 
fiscal years beginning after September 30, 2008, may be 
used to carry out such section. 
SEC. 312. REIMBURSEMENT OF ENVIRONMENTAL PROTEC-
TION AGENCY FOR CERTAIN COSTS IN CON-
NECTION 
WITH 
MOSES 
LAKE 
WELLFIELD 
SUPERFUND 
SITE, 
MOSES 
LAKE, 
WASH-
INGTON. 
(a) AUTHORITY TO REIMBURSE.— 
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(1) TRANSFER AMOUNT.—Using funds described 
in subsection (b) and notwithstanding section 2215 of 
title 10, United States Code, the Secretary of Defense 
may transfer not more than $64,049.40 during fiscal 
year 2009 to the Moses Lake Wellfield Superfund Site 
10–6J Special Account. 
(2) PURPOSE
OF
REIMBURSEMENT.—The pay-
ment under paragraph (1) is to reimburse the Envi-
ronmental Protection Agency for its costs incurred in 
overseeing a remedial investigation/feasibility study 
performed by the Department of the Army under the 
Defense Environmental Restoration Program at the 
former Larson Air Force Base, Moses Lake Superfund 
Site, Moses Lake, Washington. 
(3) INTERAGENCY AGREEMENT.—The reimburse-
ment described in paragraph (2) is provided for in 
the interagency agreement entered into by the Depart-
ment of the Army and the Environmental Protection 
Agency for the Moses Lake Wellfield Superfund Site 
in March 1999. 
(b) SOURCE OF FUNDS.—Any payment under sub-
section (a) shall be made using funds authorized to be ap-
propriated by section 301(17) for operation and mainte-
nance for Environmental Restoration, Formerly Used De-
fense Sites. 
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(c) USE OF FUNDS.—The Environmental Protection 
Agency shall use the amount transferred under subsection 
(a) to pay costs incurred by the Agency at the Moses Lake 
Wellfield Superfund Site. 
SEC. 313. EXPAND COOPERATIVE AGREEMENT AUTHORITY 
FOR MANAGEMENT OF NATURAL RESOURCES 
TO INCLUDE OFF-INSTALLATION MITIGATION. 
Section 103a(a) of the Sikes Act (16 U.S.C. 670c–1(a)) 
is amended— 
(1) by striking ‘‘to provide for the’’ and inserting 
‘‘to provide for the following: 
‘‘(1) The’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(2) The maintenance and improvement of nat-
ural resources located off of a Department of Defense 
installation if the purpose of the cooperative agree-
ment is to relieve or eliminate current or anticipated 
challenges that could restrict, impede, or otherwise 
interfere with, whether directly or indirectly, current 
or anticipated military activities.’’. 
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Subtitle C—Workplace and Depot 
Issues 
SEC. 321. TIME LIMITATION ON DURATION OF PUBLIC-PRI-
VATE COMPETITIONS. 
(a) TIME LIMITATION.—Section 2461(a) of title 10, 
United States Code, is amended by adding at the end the 
following new paragraph: 
‘‘(5)(A) The duration of a public-private competition 
conducted pursuant to Office of Management and Budget 
Circular A–76 or any other provision of law for any func-
tion of the Department of Defense performed by Department 
of Defense civilian employees may not exceed a period of 
540 days, commencing on the date on which the prelimi-
nary planning for the public-private competition begins 
through the date on which a performance decision is ren-
dered with respect to the function. 
‘‘(B) The time period specified in subparagraph (A) 
for a public-private competition does not include any day 
during which the public-private competition is delayed by 
reason of a protest before the Government Accountability 
Office or the United States Court of Federal Claims unless 
the Secretary of Defense determines that the delay is caused 
by issues being raised during the appellate process that were 
not previously raised during the competition.’’. 
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(b) EFFECTIVE DATE.—Paragraph (5) of section 
2461(a) of title 10, United States Code, as added by sub-
section (a), shall apply with respect to a public-private 
competition covered by such section that is being conducted 
on or after the date of the enactment of this Act. 
SEC. 322. COMPREHENSIVE ANALYSIS AND DEVELOPMENT 
OF SINGLE GOVERNMENT-WIDE DEFINITION 
OF INHERENTLY GOVERNMENTAL FUNCTION. 
(a) DEVELOPMENT AND IMPLEMENTATION OF DEFINI-
TION
OF INHERENTLY GOVERNMENTAL FUNCTION.—The 
Director of the Office of Management and Budget, in con-
sultation with appropriate representatives of the Chief Ac-
quisition Officers Council under section 16A of the Office 
of Federal Procurement Policy Act (41 U.S.C. 414b) and 
the Chief Human Capital Council under section 1401 of 
title 5, United States Code, shall— 
(1) review the definitions of the term ‘‘inherently 
governmental function’’ described in subsection (b) to 
determine whether such definitions are sufficiently fo-
cused to ensure that only officers or employees of the 
Federal Government or members of the Armed Forces 
perform inherently governmental functions or other 
critical functions necessary for the mission of a Fed-
eral department or agency; 
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ployees of the Federal Government or members of the 
Armed Forces to ensure that the head of each Federal 
department or agency— 
(A) develops and maintains sufficient or-
ganic expertise and technical capability; 
(B) develops guidance to implement the def-
inition of inherently governmental as described 
in paragraph (2) in a manner that is consistent 
with agency missions and operational goals; and 
(C) develops guidance to manage internal 
decisions regarding staffing in an integrated 
manner to ensure officers or employees of the 
Federal Government or members of the Armed 
Forces are filling critical management roles by 
identifying— 
(i) functions, activities, or positions, or 
some combination thereof, or 
(ii) additional mechanisms; 
(4) in undertaking the actions described in para-
graphs (1) and (2), take into account the final rec-
ommendations and related findings concerning per-
formance of inherently governmental functions in the 
Final Report of the Acquisition Advisory Panel estab-
lished pursuant to section 1423 of the Services Acqui-
sition Reform Act of 2003 (title XIV of Public Law 
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108–136; 41 U.S.C. 405 note) and any other relevant 
reports or documents; and 
(5) solicit the views of the public regarding the 
matters identified in this section. 
(b) DEFINITIONS
OF INHERENTLY GOVERNMENTAL 
FUNCTION.—The definitions of inherently governmental 
function described in this subsection are the definitions of 
such term that are contained in— 
(1) the Federal Activities Inventory Reform Act 
of 1998 (Public Law 105–270; 31 U.S.C. 501 note); 
(2) section 2383 of title 10, United States Code; 
(3) Office of Management and Budget Circular 
A–76; 
(4) the Federal Acquisition Regulation; and 
(5) any other relevant Federal law or regulation, 
as determined by the Director of the Office of Manage-
ment and Budget in consultation with the Chief Ac-
quisition Officers Council and the Chief Human Cap-
ital Council. 
(c) REPORT TO CONGRESS.—Not later than one year 
after the date of the enactment of this Act, the Director of 
the Office of Management and Budget, in consultation with 
the Chief Acquisition Officers Council and the Chief Human 
Capital Council, shall submit to the Committees on Armed 
Services of the Senate and House of Representatives, the 
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Committee on Homeland Security and Governmental Af-
fairs in the Senate, and the Committee on Oversight and 
Government Reform of the House of Representatives a re-
port on the actions taken by the Director under this section. 
Such report shall contain each of the following: 
(1) A description of the actions taken by the Di-
rector under this section to develop a single definition 
of inherently governmental function. 
(2) Such legislative recommendations as the Di-
rector determines are necessary to further the pur-
poses of this section. 
(3) A description of such steps as may be nec-
essary— 
(A) to ensure that the single definition de-
veloped under this section is consistently applied 
through all Federal regulations, circulars, policy 
letters, agency guidance, and other documents; 
(B) to repeal any existing Federal regula-
tions, circular, policy letters, agency guidance 
and other documents determined to be superseded 
by the definition developed under this section; 
and 
(C) to develop any necessary implementing 
guidance under this section for agency staffing 
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and contracting decisions, along with appro-
priate milestones. 
(d) REGULATIONS.—Not later than 180 days after sub-
mission of the report required by subsection (c), the Director 
of the Office of Management and Budget shall issue regula-
tions to implement actions taken under this section to de-
velop a single definition of inherently governmental func-
tion. 
SEC. 323. STUDY ON FUTURE DEPOT CAPABILITY. 
(a) STUDY REQUIRED.—Not later than 30 days after 
the date of the enactment of this Act, the Secretary of De-
fense shall enter into a contract with an independent re-
search entity that is a not-for-profit entity or a federally- 
funded research and development center with appropriate 
expertise in logistics and logistics analytical capability to 
carry out a study on the capability and efficiency of the 
depots of the Department of Defense to provide the logistics 
capabilities and capacity necessary for national defense. 
(b) CONTENTS
OF STUDY.—The study carried out 
under subsection (a) shall— 
(1) be a quantitative analysis of the post-reset 
Department of Defense depot capability required to 
provide life cycle sustainment of military legacy sys-
tems and new systems and military equipment; 
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(2) take into consideration direct input from the 
Secretary of Defense and the logistics and acquisition 
leadership of the military departments, including ma-
teriel support and depot commanders; 
(3) take into consideration input from regular 
and reserve components of the Armed Forces, both 
with respect to requirements for sustainment-level 
maintenance and the capability and capacity to per-
form depot-level maintenance and repair; 
(4) identify and address each type of activity 
carried out at depots, installation directorates of lo-
gistics, regional sustainment-level maintenance sites, 
reserve component maintenance capability sites, the-
ater equipment support centers, and Army field sup-
port brigade capabilities; 
(5) examine relevant guidance provided and reg-
ulations prescribed by the Secretary of Defense and 
the Secretary of each of the military departments, in-
cluding with respect to programming and budgeting; 
and 
(6) examine any relevant applicable laws, in-
cluding the relevant body of work performed by the 
Government Accountability Office. 
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(c) ISSUES TO BE ADDRESSED.—The study required 
under subsection (a) shall address each of the following 
issues with respect to depots and depot capabilities: 
(1) The life cycle sustainment maintenance strat-
egies and implementation plans of the Department of 
Defense and the military departments that cover— 
(A) the role of each type of maintenance ac-
tivity; 
(B) business operations; 
(C) workload projection; 
(D) outcome-based performance manage-
ment objectives; 
(E) the adequacy of information technology 
systems, including workload management sys-
tems; 
(F) the workforce, including skills required 
and development; 
(G) budget and fiscal planning policies; and 
(H) capital investment strategies, including 
the implementation of section 2476 of title 10, 
United States Code. 
(2) Current and future maintenance environ-
ments, including— 
(A) performance-based logistics; 
(B) supply chain management; 
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Committees on Armed Services of the Senate and 
House of Representatives an interim report on the 
study. 
(2) FINAL REPORT.—Such contract shall provide 
that not later than 22 months after the date on which 
the Secretary of Defense enters into the contract under 
subsection (a), the chief executive officer of the entity 
that carries out the study pursuant to the contract 
shall submit to the Committees on Armed Services of 
the Senate and House of Representatives a final re-
port on the study. The report shall include each of the 
following: 
(A) A description of the depot maintenance 
environment, as of the date of the conclusion of 
the study, and the anticipated future environ-
ment, together with the quantitative data used in 
conducting the assessment of such environments 
under the study. 
(B) Recommendations with respect to what 
would be required to maintain, in a post-reset 
environment, an efficient and enduring Depart-
ment of Defense depot capability necessary for 
national defense. 
(C) Recommendations with respect to any 
changes to any applicable law that would be ap-
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propriate for a post-reset depot maintenance en-
vironment. 
(D) Recommendations with respect to the 
methodology of the Department of Defense for de-
termining core logistics requirements, including 
an assessment of risk. 
(E) Proposed business rules that would pro-
vide incentives for the Secretary of Defense and 
the Secretaries of the military departments to 
keep Department of Defense depots efficient and 
cost effective, including the workload level re-
quired for efficiency. 
(F) A proposed strategy for enabling, re-
quiring, and monitoring the ability of the De-
partment of Defense depots to produce perform-
ance-driven outcomes and meet materiel readi-
ness goals with respect to availability, reli-
ability, total ownership cost, and repair cycle 
time. 
(G) Comments provided by the Secretary of 
Defense and the Secretaries of the military de-
partments on the findings and recommendations 
of the study. 
(f) COMPTROLLER GENERAL REVIEW.—Not later than 
90 days after the date on which the report under subsection 
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(d) is submitted, the Comptroller General shall review the 
report and submit to the Committees on Armed Services 
of the Senate and House of Representatives an assessment 
of the feasibility of the recommendations and whether the 
findings are supported by the data and information exam-
ined. 
(g) DEFINITIONS.—In this section: 
(1) The term ‘‘depot-level maintenance and re-
pair’’ has the meaning given that term under section 
2460 of title 10, United States Code. 
(2) The term ‘‘reset’’ means actions taken to re-
pair, enhance, or replace military equipment used in 
support of operations underway as of the date of the 
enactment of this Act and associated sustainment. 
(3) The term ‘‘military equipment’’ includes all 
weapon systems, weapon platforms, vehicles and mu-
nitions of the Department of Defense, and the compo-
nents of such items. 
SEC. 324. HIGH-PERFORMING ORGANIZATION BUSINESS 
PROCESS REENGINEERING. 
(a) IN GENERAL.—Chapter 3 of title 10, United States 
Code, is amended by inserting after section 129c the fol-
lowing new section: 
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‘‘§ 129d. High-performing organizations 
‘‘(a) GUIDELINES
FOR ESTABLISHMENT
OF HIGH- 
PERFORMING ORGANIZATIONS.—The Secretary of Defense 
shall develop guidelines for the establishment of a high-per-
forming organization conducted through a business process 
reengineering initiative. The guidelines shall ensure consid-
eration and assessment of the following: 
‘‘(1) Number of employees to be affected by the 
initiative. 
‘‘(2) Resources needed to conduct the initiative. 
‘‘(3) Location where the initiative will be per-
formed, and the location of the affected employees if 
different from the initiative location. 
‘‘(4) Functions to be included in the initiative. 
‘‘(5) Timeline for implementation of the initia-
tive. 
‘‘(6) Estimated duration of the initiative if such 
initiative is deemed to be temporary. 
‘‘(b) RESTRICTION ON HIGH-PERFORMING ORGANIZA-
TIONS.—The Secretary of Defense, with respect to matters 
concerning the Defense Agencies, and the Secretary of a 
military department, may not begin implementation of a 
business process reengineering initiative to establish a high 
performing organization until— 
‘‘(1) the Secretary submits to Congress the notifi-
cation required by subsection (d); and 
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‘‘(2) the requirements of paragraphs (2) and (3) 
of section 7106(b) of title 5 are complied with. 
‘‘(c) CERTAIN INITIATIVES PROHIBITED.—The Sec-
retary of Defense, or the Secretary of a military depart-
ment, may not implement a high-performing organization 
if— 
‘‘(1) it were to result in a change of the collective 
bargaining status of an employee in the Department 
of Defense or in the representation status of a labor 
organization with exclusive representation status, as 
provided in section 7114 of title 5; or 
‘‘(2) any planned reductions in staffing are 
based on cost savings assumptions that are unrelated 
to the establishment of the high performing organiza-
tion. 
‘‘(d) CONGRESSIONAL NOTIFICATION.—Forty-five days 
before commencing a high-performing organization under 
subsection (a), the Secretary of Defense or the Secretary of 
the military department concerned shall submit to Congress 
a notification describing the assessment required by sub-
section (a). 
‘‘(e) ANNUAL EVALUATION.—The Secretary of Defense 
or the Secretary of the military department concerned shall 
conduct annual performance reviews of the participating 
organizations or functions under the jurisdiction of the Sec-
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retary. The reviews shall be submitted to Congress. Each 
review shall evaluate the performance of the high perform-
ance organization in the following areas; 
‘‘(1) Costs, savings, and overall financial per-
formance of the organization. 
‘‘(2) Organic knowledge, skills or expertise. 
‘‘(3) Efficiency and effectiveness of key functions 
or processes. 
‘‘(4) Efficiency and effectiveness of the overall or-
ganization. 
‘‘(f) DEFINITIONS.—In this section, 
‘‘(1) The term ‘high-performing organization’ 
means an organization whose performance exceeds 
that of comparable providers, whether public or pri-
vate. 
‘‘(2) The term ‘business process reengineering 
initiative’ means an approach to reinvent or consoli-
date functions whether they are inherently govern-
mental, military essential, or commercial activities, 
or a reorganization that is undertaken at the direc-
tion of the Office of Management and Budget.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 129c the following new item: 
‘‘129d. High-performing organizations.’’. 
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SEC. 325. TEMPORARY SUSPENSION OF STUDIES AND PUB-
LIC-PRIVATE 
COMPETITIONS 
REGARDING 
CONVERSION OF FUNCTIONS OF THE DE-
PARTMENT OF DEFENSE PERFORMED BY CI-
VILIAN EMPLOYEES TO CONTRACTOR PER-
FORMANCE. 
(a) FINDINGS.—Congress finds the following: 
(1) The turbulence caused by the efforts of the 
Department of Defense to increase the size of the 
Armed Forces, implement the decisions of the 2005 
round of base realignments and closures, and execute 
transformational initiatives, combined with the strain 
on the Armed Forces due to ongoing contingency oper-
ations, could impede sound decisions regarding the 
conversion to contractor performance of functions of 
the Department of Defense performed by civilian em-
ployees. 
(2) Public-private competitions may unneces-
sarily divert Department of Defense personnel and re-
sources away from operational obligations. 
(3) The Secretary of Defense needs to ensure that 
readiness is fully supported. 
(b) SUSPENSION.—During the period beginning on the 
date of the enactment of this Act and ending on September 
30, 2011, no study or public-private competition regarding 
the conversion to contractor performance of any function 
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of the Department of Defense performed by civilian employ-
ees may be begun or announced pursuant to section 2461 
of title 10, United States Code, or otherwise pursuant to 
Office of Management and Budget Circular A–76. 
SEC. 326. CONSOLIDATION OF AIR FORCE AND AIR NA-
TIONAL GUARD AIRCRAFT MAINTENANCE. 
(a) ROLE OF NATIONAL GUARD BUREAU.—The Sec-
retary of the Air Force shall not implement the consolida-
tion of aircraft repair facilities and personnel of the active 
Air Force with aircraft repair facilities and personnel of 
the Air National Guard or the consolidation of aircraft re-
pair facilities and personnel of the Air National Guard 
with aircraft repair facilities and personnel of the active 
Air Force until the Secretary consults with, and obtains 
the consent of, the National Guard Bureau. 
(b) REPORT ON CRITERIA.—Not later than 30 days 
after the date of the enactment of this Act, the Secretary 
of the Air Force shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a re-
port stating all the criteria being used by the Department 
of the Air Force and the Rand Corporation to evaluate the 
feasibility of consolidating Air Force maintenance functions 
into organizations that would integrate active, Guard, and 
Reserve components into a total-force approach. The report 
shall include the assumptions that were provided to or de-
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veloped by the Rand Corporation for their study of the feasi-
bility of the consolidation proposal. 
(c) REPORT ON FEASIBILITY STUDY.—At least 90 days 
before any consolidation actions, the Secretary of the Air 
Force shall submit to the Committees on Armed Services 
of the Senate and House of Representatives a report on the 
findings of the Rand Corporation feasibility study and the 
Rand Corporation’s recommendations, the Air Force’s as-
sessment of the findings and recommendations, any plans 
developed for implementation of the consolidation, and a 
delineation of all infrastructure costs anticipated as a result 
of implementation. 
SEC. 327. GUIDANCE FOR PERFORMANCE OF CIVILIAN PER-
SONNEL WORK UNDER AIR FORCE CIVILIAN 
PERSONNEL CONSOLIDATION PLAN. 
(a) GUIDANCE FOR CIVILIAN PERSONNEL MANAGE-
MENT CONSOLIDATION.—In determining which, if any, ci-
vilian personnel management functions may appropriately 
be consolidated under one command or in a central or re-
gional location, the Secretary of the Air Force shall be guid-
ed by the anticipated positive or negative impact upon the 
productivity of the managed workforces at different com-
mands and the consequently anticipated positive or nega-
tive impact upon mission accomplishment at the different 
commands. This analysis shall be customized for each af-
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100 
fected command, taking into account such factors as the size 
and complexity of the civilian workforce and the extent to 
which mission accomplishment is dependent upon the pro-
ductivity of the civilian workforce. What functions are 
deemed ‘‘transactional’’ or ‘‘nontransactional’’ may vary 
for each affected command. In general, more of the civilian 
personnel management functions for smaller, less civilian 
dependent commands may be consolidated in a central or 
regional location or command while fewer functions may 
be consolidated from larger, more civilian dependent com-
mands. 
(b) PROHIBITION
ON CONSOLIDATION
OF CERTAIN 
FUNCTIONS.—For the Large Civilian Centers, the Secretary 
of the Air Force will not consolidate in a central or regional 
location or command at least the following functions: 
(1) Staffing positions filled through internal or 
external recruitment processes. 
(2) Development of position classifications or job 
descriptions. 
(3) Employee management relations, including 
performance management programs, conduct or dis-
cipline programs and labor management programs. 
(4) Labor force planning and management, in-
cluding internal pay pool management and employee 
performance reviews. 
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101 
(5) Managing workers compensation program 
pursuant to chapter 81 of title 5, United States Code, 
or relevant State workers’ compensation programs. 
(c) LARGE CIVILIAN CENTER DEFINED.—In this sec-
tion, the term ‘‘Large Civilian Center’’ refers to installa-
tions or commands with operational missions primarily de-
pendent upon the productivity of civilian workforces typi-
cally numbering in the thousands and engaged in program 
management, systems engineering, research or development, 
logistics management, software management, management 
of existing aircraft systems, and depot level maintenance. 
Such an installation or command typically includes occu-
pational series far in excess of those assigned to other, more 
typical, Air Force installations or commands. 
SEC. 328. REPORT ON REDUCTION IN NUMBER OF FIRE-
FIGHTERS ON AIR FORCE BASES. 
In an effort to ensure the Air Force is meeting the min-
imum safety standards for staffing, equipment, and train-
ing as required by Department of Defense Installation and 
Environment Instruction 6055.6, the Secretary of the Air 
Force shall submit to Congress, not later than 90 days after 
the date of the enactment of this Act, a report on the effect 
of the reduction in fire fighters on Air Force bases as a 
result of PBD720. Such report shall include the following: 
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102 
(1) An evaluation of current fire fighting capa-
bility and whether the reduction has increased the 
risk of harm to either fire fighters or those they may 
serve in response to an emergency. 
(2) An evaluation on whether there is adequate 
capability within the surrounding municipal commu-
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 certifications 
of the base fire departments as a result of the reduc-
tions in fire fighting personnel and or functions at 
the base. 
(5) A plan to restore personnel needed to support 
the mission should it be determined that personnel re-
ductions resulting from PBD720 have negatively im-
pacted the ability to perform their mission. 
Subtitle D—Energy Security 
SEC. 331. ANNUAL REPORT ON OPERATIONAL ENERGY MAN-
AGEMENT AND IMPLEMENTATION OF OPER-
ATIONAL 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: 
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103 
‘‘(b) ANNUAL REPORT RELATED TO OPERATIONAL EN-
ERGY.—(1) Simultaneous with the annual report required 
by subsection (a), the Secretary of Defense, acting through 
the Director of Operational Energy Plans and Programs, 
shall submit to the congressional defense committees a re-
port on operational energy management and the implemen-
tation of the operational energy strategy established pursu-
ant to section 139b of this title. 
‘‘(2) The annual report under this subsection shall ad-
dress and include the following: 
‘‘(A) Statistical information on operational en-
ergy demands, in terms of expenditures and consump-
tion, for the preceding five fiscal years, including 
funding made available in regular defense appropria-
tions Acts and any supplemental appropriation Acts. 
‘‘(B) An estimate of operational energy demands 
for the current fiscal year and next fiscal year, in-
cluding funding requested to meet operational energy 
demands in the budget submitted to Congress under 
section 1105 of title 31 and in any supplemental re-
quests. 
‘‘(C) A description of each initiative related to 
the operational energy strategy and a summary of 
funds appropriated for each initiative in the previous 
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104 
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 De-
partment of Defense— 
‘‘(i) in implementing the operational energy 
strategy, including the progress of key initiatives 
and technology investments related to oper-
ational energy demand and management; and 
‘‘(ii) in meeting the operational energy 
goals set forth in the strategy. 
‘‘(E) Such recommendations as the Director con-
siders appropriate for additional changes in organi-
zation or authority within the Department of Defense 
to enable further implementation of the energy strat-
egy and such other comments and recommendations 
as the Director considers appropriate. 
‘‘(3) If a report under this subsection is submitted in 
a classified form, the Secretary shall concurrently submit 
to the congressional defense committees an unclassified 
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.’’. 
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(b) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such sec-
tion is amended to read as follows: 
‘‘§ 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 capa-
bility requirements and inform acquisition decisions, the 
Secretary of Defense shall require that campaign analyses 
and force planning processes consider the requirements for, 
and vulnerability of, fuel logistics and their relationship to 
operational capability. 
(b) CAPABILITY REQUIREMENTS DEVELOPMENT PROC-
ESS.—The Secretary of Defense shall develop and imple-
ment a methodology to enable the implementation of a fuel 
efficiency key performance parameter in the requirements 
development process. 
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(c) ACQUISITION PROCESS.—The Secretary of Defense 
shall require that the life-cycle cost analysis for new capa-
bilities include the fully burdened cost of fuel during anal-
ysis of alternatives and evaluation of alternatives and ac-
quisition 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 requirements 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 submit 
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 pre-
ceding 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 per-
sonnel and assets required to move and, when necessary, 
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 
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date of the enactment of this Act, the Secretary of Defense 
shall certify to the congressional defense committees that the 
Secretary has complied with the requirements of this sec-
tion. If the Secretary is unable to provide the certification, 
the Secretary shall submit to the congressional defense com-
mittees at the end of the three-year period a report con-
taining— 
(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 locations. 
(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-
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ing the number of convoys needed to supply fuel to 
forward operating locations. 
(2) The cost of using solar energy to provide elec-
tricity. 
(3) The potential savings of using solar energy 
to provide electricity compared to current methods. 
(4) The environmental benefits of using solar en-
ergy to provide electricity instead of the current meth-
ods. 
(5) The sustainability and operating require-
ments of solar energy systems for providing electricity 
compared to current methods. 
(c) REPORT.—Not later than March 1, 2009, the Sec-
retary shall submit to the congressional defense committees 
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 emis-
sions of coal-to-liquid fuels and potential uses of coal-to- 
liquid fuels to meet the Department’s mobility energy re-
quirements. 
(b) MATTERS EXAMINES.—The study shall examine, at 
a minimum, the following: 
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(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 DE-
VELOPMENT CENTER.—The Secretary of Defense shall select 
a federally funded research and development center to per-
form the study required by subsection (a). 
(d) REPORT.—Not later than March 1, 2009, the feder-
ally funded research and development center shall submit 
to the congressional defense committees and the Secretary 
of Defense a report on the results of the study required by 
subsection (a). 
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 Commit-
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tees on Armed Services of the Senate and House of 
Representatives a report on the readiness of the reg-
ular and reserve components of the Armed Forces. The 
report shall be unclassified but may contain a classi-
fied annex. 
(2) ONE
OR
MORE
REPORTS.—In complying 
with the requirements of this section, the Comptroller 
General may submit a single report addressing all the 
elements specified in subsection (b) or two or more re-
ports 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. 
(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. 
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(3) An analysis of the efforts of the Secretary of 
each military department to address any major fac-
tors affecting the readiness of the regular and reserve 
components under the jurisdiction of that Secretary. 
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 Representatives a re-
port on— 
(1) the plans of the Secretary of the Navy to im-
prove the combat skills of the members of the Navy; 
and 
(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 per-
manent sites for their Common Battlefield Airmen 
Training and Expeditionary Combat Skills courses. 
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(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 Secretary of 
the Army and the Commandant of the Marine Corps 
with respect to their plans to expand combat skills 
training for members of the Navy and Air Force, re-
spectively, together with a complete list of bases or lo-
cations 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-
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 Committees 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. 
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(b) ELEMENTS.—The report required by subsection (a) 
shall include a description of current and programmed re-
sources, force structure, and organizational challenges that 
the Army Reserve and National Guard forces may face serv-
ing 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 Centers; 
and 
(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 Committees on 
Armed Services of the Senate and House of Representatives 
a report on the link between the preparation and oper-
ational use of the Army’s reserve component forces. 
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(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 en-
actment of this Act, in support of ongoing oper-
ations, including factors affecting unit or indi-
vidual preparation, the effect of notification 
timelines, and access to training facilities, in-
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 Comptroller 
General shall submit to the Committees on Armed Services 
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of the Senate and House of Representatives a report on the 
adequacy of the funding, staffing, and organization 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 meth-
ods to reduce the length of time of such projects. 
SEC. 346. REPORT ON OPTIONS FOR PROVIDING REPAIR CA-
PABILITIES TO SUPPORT SHIPS OPERATING 
NEAR GUAM. 
(a) REPORT REQUIRED.—Not later than March 1, 
2009, the Secretary of the Navy shall submit to the commit-
tees on Armed Services of the Senate and House of Rep-
resentatives a report on the best option or combination of 
options for providing voyage repair capabilities to support 
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: 
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(1) The Secretary’s estimate, based on the quan-
titative data determined to be most appropriate by 
the Secretary, of the requirements for voyage repairs 
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 
a result of the realignment of the Armed Forces 
from Okinawa, Japan, to Guam. 
(2) The recommendations of the Secretary for en-
suring 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 re-
pairs to all United States Navy ships operating at or 
near Guam and of the anticipated costs and strategic 
and operational risks associated with each such op-
tion. 
(4) A plan and schedule for implementing a 
course of action to ensure that the required ship re-
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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’’. 
SEC. 352. DEMILITARIZATION OF LOANED, GIVEN, OR EX-
CHANGED DOCUMENTS, HISTORICAL ARTI-
FACTS, AND CONDEMNED OR OBSOLETE COM-
BAT 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 nec-
essary 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’’. 
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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. 
(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 inclu-
sion with the budget materials submitted to Congress under 
section 1105(a) of title 31, United States Code, a consoli-
dated budget justification display that covers all programs 
and activities of the Air Sovereignty Alert mission 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 
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and Control mission, including such requirements 
for— 
(A) pay and allowances; 
(B) support costs; 
(C) Medicare eligible retiree health fund 
contributions 
(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 mission; 
(3) the United States Air Force should include 
full funding for the Air Sovereignty Alert mission in 
the baseline budget of the Air Force; 
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(4) the United States Air Force should program 
sufficient personnel, equipment, and aircraft resources 
to the Air National Guard to fully and safely perform 
the Air Sovereignty Alert mission; 
(5) the capability of Air National Guard aircraft 
assigned to the Air Sovereignty Alert mission is rap-
idly deteriorating due to age and may impede the 
ability of the Air National Guard to protect the home-
land; 
(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 ac-
companying 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. 
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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 Regu-
lation Number 5, dated January 15, 1999, to conform with 
Defense Travel Regulations to ensure that freight covered 
by Air Freight Transportation Regulation Number 5 is car-
ried in accordance with commercial best practices that are 
based upon a mode-neutral approach. 
(b) MODE-NEUTRAL APPROACH DEFINED.—For pur-
poses of this section, the term ‘‘mode-neutral approach’’ 
means a method of shipment that allows a shipper to choose 
a carrier with a time-definite performance standard for de-
livery 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 con-
veyance can reasonably be expected to ensure the time-defi-
nite 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 con-
vey to the California Department of Forestry and Fire Pro-
tection (hereinafter in this section referred to as ‘‘CAL 
FIRE’’), all right, title, and interest of the United States 
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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 determining 
compliance with terms of the conveyance, and costs of oper-
ation 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 authoriza-
tion of appropriations or otherwise made available for the 
Joint Improvised Explosive Device Defeat Organization for 
fiscal year 2009, $75,000,000 shall be available for the Ir-
regular Warfare Support program (program element line 
0603121D8Z, SO/LIC Advanced Development). 
SEC. 359. SENSE OF CONGRESS REGARDING PROCUREMENT 
AND USE OF MUNITIONS. 
It is the sense of Congress that the Secretary of Defense 
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 
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(2) undertake a review of live-fire practices for 
the purpose of reducing unexploded ordnance and mu-
nitions-constituent contamination without impeding 
military readiness. 
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 Headquarters, 
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 Defense, 
acting through the Executive Agent for Military Working 
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Dogs (hereinafter in this section referred to as the ‘‘Execu-
tive Agent’’), shall— 
(1) identify the number of military working dogs 
required to fulfill the various missions of the Depart-
ment of Defense for which such dogs are used, includ-
ing 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 require-
ments identified in paragraph (1); 
(3) ensure that the Department’s needs and per-
formance standards with respect to military working 
dogs are readily available to dog breeders and train-
ers; and 
(4) coordinate with other Federal, State, or local 
agencies, nonprofit organizations, universities, or pri-
vate 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 Government, 
while maintaining the necessary level of quality and en-
couraging increased domestic breeding, with the ultimate 
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goal of procuring all military working dogs through domes-
tic breeders. 
(c) MILITARY WORKING DOG DEFINED.—For purposes 
of this section, the term ‘‘military working dog’’ means a 
dog used in any official military capacity, as defined by 
the Secretary of Defense. 
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. 
(2) The Navy, 326,323. 
(3) The Marine Corps, 194,000. 
(4) The Air Force, 317,050. 
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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 insert-
ing 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 com-
ponents 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. 
(7) The Coast Guard Reserve, 10,000. 
(b) END STRENGTH REDUCTIONS.—The end strengths 
prescribed by subsection (a) for the Selected Reserve of any 
reserve component shall be proportionately reduced by— 
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(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 in-
creased proportionately by the total authorized strengths of 
such units and by the total number of such individual mem-
bers. 
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 number 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 
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of organizing, administering, recruiting, 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 reserve 
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. 
(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. 
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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. 
(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. 
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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 sup-
port 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. 
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 amend-
ed— 
(1) by inserting ‘‘(1)’’ before ‘‘If at the end’’; and 
(2) by adding at the end the following new para-
graph: 
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‘‘(2) When a designation of a major disaster or emer-
gency (as those terms are defined in section 102 of the Rob-
ert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5122)) is in effect, the President may waive 
any statutory limit that would otherwise apply during the 
period of the designation on the number of members 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)’’; 
(2) by striking ‘‘subsection (a)’’ and inserting 
‘‘subsection (a)(1)’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(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.— 
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(1) SECTION HEADING.—The heading of such sec-
tion 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 amended 
by striking the item relating to section 123a and in-
serting 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 in the 
preceding sentence supersedes any other authorization of 
appropriations (definite or indefinite) for such purpose 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. 
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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 National 
Guard officers ordered to active duty in support of a contin-
gency 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 In-
dividual 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 posi-
tions 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 
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 com-
ponents members supporting contingency operations. 
Sec. 546. Consistent education loan repayment authority for health professionals 
in regular components and Selected Reserve. 
Sec. 547. Increase in number of units of Junior Reserve Officers’ Training Corps. 
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 civil-
ian law enforcement. 
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134 
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. 
Subtitle H—Impact Aid 
Sec. 571. Continuation of authority to assist local educational agencies that ben-
efit dependents of members of the Armed Forces and Department 
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. 
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 military 
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. 
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— 
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(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 para-
graph: 
‘‘(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 high-
er commissioned grade shall require certification by the Sec-
retary concerned that, at the time of death of the member, 
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136 
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 
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 period 
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,’’. 
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137 
(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’’. 
(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’’. 
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138 
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 inserting 
‘‘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 compo-
nent who may be serving in certain grades given the total 
number of members of that reserve component serving on 
full-time reserve component duty, is amended by striking 
the portion of the table relating to the 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 
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‘‘Marine Corps Re-
serve: 
Major 
Lieutenant Colonel 
Colonel 
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 OPERATION. 
(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’’; 
(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: 
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140 
‘‘(2) If’’. 
(b) CONSIDERATION FOR PROMOTION BY EXAMINATION 
FOR FEDERAL RECOGNITION.—Subsection (e)(1)(B) of such 
section is amended by inserting before the period at the end 
the following: ‘‘, or by examination for Federal recognition 
under title 32’’. 
SEC. 514. INCREASE IN MANDATORY RETIREMENT AGE FOR 
CERTAIN RESERVE OFFICERS. 
(a) SELECTIVE SERVICE AND PROPERTY AND FISCAL 
OFFICERS.—Section 12647 of title 10, United States Code, 
is amended by striking ‘‘60 years’’ and inserting ‘‘62 
years’’. 
(b) CERTAIN RESERVE OFFICERS
IN GRADES
OF 
MAJOR THROUGH BRIGADIER GENERAL.— 
(1) INCREASED AGE.—Section 14702(b) of such 
title is amended— 
(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 
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141 
the officer becomes 62 years of age. An officer de-
scribed in paragraph (2) of such subsection may 
not be retained under this section after the last 
day of the month in which the officer becomes 60 
years of age.’’. 
(c) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of section 
14702 of such title is amended to read as follows: 
‘‘§ 14702. Retention on reserve active-status list of cer-
tain officers in the grade of major, lieu-
tenant colonel, colonel, or brigadier gen-
eral’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 1409 of such title is 
amended by striking the item relating to section 
14702 and inserting the following new item: 
‘‘14702. Retention on reserve active-status list of certain officers in the grade of 
major, lieutenant colonel, colonel, or brigadier general.’’. 
SEC. 515. AGE LIMIT FOR RETENTION OF CERTAIN RESERVE 
OFFICERS ON ACTIVE-STATUS LIST AS EXCEP-
TION TO REMOVAL FOR YEARS OF COMMIS-
SIONED SERVICE. 
Section 14508 of title 10, United States Code, is 
amended— 
(1) by redesignating subsection (g) as subsection 
(h); and 
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142 
(2) by inserting after subsection (f) the following 
new subsection (g): 
‘‘(g) RETENTION OF LIEUTENANT GENERALS.—A re-
serve officer of the Army or Air Force in the grade of lieu-
tenant general who would otherwise be removed from an 
active status under subsection (c) may, in the discretion 
of the Secretary of the Army or the Secretary of the Air 
Force, as the case may be, be retained in an active status, 
but not later than the date on which the officer becomes 
66 years of age.’’. 
SEC. 516. AUTHORITY TO RETAIN RESERVE CHAPLAINS AND 
OFFICERS IN MEDICAL AND RELATED SPE-
CIALTIES UNTIL AGE 68. 
(a) RESERVE CHAPLAINS AND MEDICAL OFFICERS.— 
Section 14703(b) of title 10, United States Code, is amended 
by striking ‘‘67 years’’ and inserting ‘‘68 years’’. 
(b) NATIONAL GUARD CHAPLAINS AND MEDICAL OFFI-
CERS.—Section 324 of title 32, United States Code, is 
amended by adding at the end the following new subsection: 
‘‘(c) Notwithstanding subsection (a)(1), an officer of 
the National Guard serving as a chaplain, medical officer, 
dental officer, nurse, veterinarian, Medical Service Corps 
officer, or biomedical sciences officer may be retained, with 
the officer’s consent, until the date on which the officer be-
comes 68 years of age.’’. 
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143 
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 con-
gressional defense committees a report containing the re-
sults of the study. 
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 in-
serting ‘‘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 pre-
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ceding paragraph (1) and inserting ‘‘subsection 
(a)’’; and 
(B) in paragraph (4), by striking ‘‘within 
that immediate organization is not less than two 
years’’ and inserting ‘‘is not less than two years 
and the officer has successfully completed a pro-
gram of education described in subsections (b) 
and (c) of section 2155 of this title’’; and 
(3) by striking subsection (h). 
(b) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such sec-
tion is amended to read as follows: 
‘‘§ 619a. Eligibility for consideration for promotion: 
designation as Joint Qualified Officer re-
quired before promotion to general or flag 
grade; exceptions’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of subchapter II of chapter 36 of 
such title is amended by striking the item relating to 
section 619a and inserting the following new item: 
‘‘619a. Eligibility for consideration for promotion: designation as Joint Qualified 
Officer required before promotion to general or flag grade; excep-
tions.’’. 
SEC. 
522. 
TECHNICAL, 
CONFORMING, 
AND 
CLERICAL 
CHANGES 
TO 
JOINT 
SPECIALTY 
TERMI-
NOLOGY. 
(a) REFERENCE TO JOINT QUALIFIED OFFICER.— 
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(1) IN GENERAL.—Subsection (a) of section 661 
of title 10, United States Code, is amended in the sec-
ond sentence by striking ‘‘in such manner as the Sec-
retary of Defense directs’’ and inserting ‘‘as a Joint 
Qualified Officer or in such other manner as the Sec-
retary of Defense directs’’. 
(2) SECTION HEADING.—The heading of such sec-
tion is amended to read as follows: 
‘‘§ 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 amend-
ed by striking the item related to section 661 and in-
serting the following new item: 
‘‘661. Management policies for Joint Qualified Officers.’’. 
(b) JOINT DUTY ASSIGNMENTS AFTER COMPLETION 
OF JOINT PROFESSIONAL MILITARY EDUCATION.—Section 
663 of 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 
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146 
(2) in subsection (b)(1), by striking ‘‘do not have 
the joint specialty’’ and inserting ‘‘are not designated 
as a Joint Qualified Officer’’. 
(c) PROCEDURES
FOR MONITORING CAREERS
OF 
JOINT QUALIFIED OFFICERS.— 
(1) IN GENERAL.—Section 665 of such title is 
amended— 
(A) in subsection (a)(1)(A), by striking 
‘‘with the joint specialty’’ and inserting ‘‘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 sec-
tion 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 amend-
ed by striking the item related to section 665 and in-
serting the following new item: 
‘‘665. Procedures for monitoring careers of Joint Qualified Officers.’’. 
(d) JOINT SPECIALTY TERMINOLOGY IN ANNUAL RE-
PORT.—Section 667 of title 10, United States Code, is 
amended— 
(1) in paragraph (1)— 
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(A) in subparagraph (A), by striking ‘‘se-
lected for the joint specialty’’ and inserting ‘‘des-
ignated as a Joint Qualified Officer’’; and 
(B) in subparagraph (B), by striking ‘‘selec-
tion for the joint specialty’’ and inserting ‘‘des-
ignation as a Joint Qualified Officer,’’; 
(2) in paragraph (2), by striking ‘‘with the joint 
specialty’’ and inserting ‘‘designated as a Joint 
Qualified Officer’’; 
(3) in paragraph (3), by striking ‘‘selected for 
the joint specialty’’ each place it appears and 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 ‘‘des-
ignated 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 officers 
who were designated as a Joint Qualified Officer 
who had served in a Joint Duty Assignment List 
billet and completed Joint Professional Military 
Education Phase II, with the number designated 
as a Joint Qualified Officer based on their aggre-
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148 
gated joint experiences and completion of Joint 
Professional Military Education Phase II.’’; 
(5) by striking paragraphs (5) through (10), 
(13), and (16), and redesignating paragraphs (11), 
(12), (14) (15), (17), and (18) as paragraphs (7), (8), 
(9), (10), (12), and (13), respectively; 
(6) by inserting after paragraph (4) the 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 promotion 
from within the promotion zone in the same pay 
grade and the same competitive category. A similar 
comparison will be made for officers both below the 
promotion zone and above the promotion zone. 
‘‘(6) An analysis of assignments of officers after 
their designation as a Joint Qualified Officer.’’; and 
(7) by inserting after paragraph (10), as redesig-
nated by paragraph (5), the following new paragraph: 
‘‘(11) The number of officers in the grade of cap-
tain (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 
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149 
Joint Chiefs of Staff. Such numbers shall be reported 
by service and grade of the officer.’’. 
SEC. 523. PROMOTION POLICY OBJECTIVES FOR JOINT 
QUALIFIED OFFICERS. 
Section 662 of title 10, United States Code, is amend-
ed— 
(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 designated as 
a Joint Qualified Officer, especially with respect to 
the record of officer selection boards in meeting the 
objective of subsection (a).’’. 
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150 
SEC. 524. LENGTH OF JOINT DUTY ASSIGNMENTS. 
(a) SERVICE EXCLUDED FROM TOUR LENGTH.—Sub-
section (d) of section 664 of title 10, United States Code, 
is amended— 
(1) in paragraph (1), by striking subparagraph 
(D) and inserting the following new subparagraph: 
‘‘(D) 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 assignment 
was available within the same organi-
zation that was commensurate with the 
officer’s new grade; or 
‘‘(II) the officer’s position was 
eliminated in a reorganization.’’; and 
(2) by striking paragraph (3) and inserting the 
following new paragraph: 
‘‘(3) Service in a joint duty assignment in a case 
in which the officer’s tour of duty in that assignment 
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151 
brings the officer’s accrued service for purposes of sub-
section (f)(3) to the applicable standard prescribed in 
subsection (a).’’. 
(b) COMPUTING AVERAGE LENGTH OF JOINT DUTY 
ASSIGNMENTS.—Subsection (e) of such section is amended 
by striking paragraph (2) and inserting the following new 
paragraph: 
‘‘(2) In computing the average length of joint duty as-
signments 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 assign-
ment that is less than the period required under sub-
section (a), but not less than two years.’’. 
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152 
(d) ACCRUED JOINT EXPERIENCE AS FULL TOUR OF 
DUTY.—Subsection (g) of such section is amended to read 
as follows: 
‘‘(g) ACCRUED JOINT EXPERIENCE.—For the purposes 
of subsection (f)(3), the Secretary of Defense may prescribe, 
by regulation, certain joint experience, such as temporary 
duty in joint assignments, joint individual training, and 
participation in joint exercises, that may be aggregated to 
equal a full tour of duty. The Secretary shall prescribe the 
regulations with the advice of the Chairman of the Joint 
Chiefs of Staff.’’. 
(e) CONSTRUCTIVE CREDIT.—Subsection (h) of such 
section is amended— 
(1) in paragraph (1), by striking ‘‘subsection 
(f)(1), (f)(2), (f)(4), or (g)(2)’’ and inserting ‘‘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 further 
amended by striking subsection (i). 
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153 
SEC. 525. DESIGNATION OF GENERAL AND FLAG OFFICER 
POSITIONS ON JOINT STAFF AS POSITIONS 
TO BE HELD ONLY BY RESERVE COMPONENT 
OFFICERS. 
Section 526(b)(2)(A) of title 10, United States Code, 
is amended by striking ‘‘a general and flag officer position’’ 
and inserting ‘‘up to three general and flag officer posi-
tions’’. 
SEC. 526. TREATMENT OF CERTAIN SERVICE AS JOINT 
DUTY EXPERIENCE. 
(a) VICE CHIEFS, ARMY AND AIR NATIONAL GUARD.— 
Section 10506(a)(3) of title 10, United States Code is 
amended— 
(1) by redesignating subparagraphs (C), (D), 
and (E) as subparagraphs (D), (E), and (F), respec-
tively; and 
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraph (C): 
‘‘(C) Service of an officer as adjutant general shall be 
treated as joint duty experience for purposes of assignment 
or promotion to any position designated by law as open 
to a National Guard general officer.’’. 
(b) ADJUTANTS GENERAL AND SIMILAR OFFICERS.— 
The service of an officer of the Armed Forces as adjutant 
general, or as an officer (other than adjutant general) of 
the National Guard of a State who performs the duties of 
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154 
adjutant general under the laws of such State, shall be treat-
ed as joint duty or joint duty experience for purposes of 
any provisions of law required such duty or experience as 
a condition of assignment or promotion. 
(c) REPORT
ON DUTY
IN JOINT FORCE HEAD-
QUARTERS TO QUALIFY AS JOINT DUTY EXPERIENCE.—Not 
later than April 1, 2009, the Chief of the National Guard 
Bureau shall, in consultation with the adjutants general of 
the National Guard, submit to the Chairman of the Joint 
Chiefs of Staff and to Congress a report setting forth the 
recommendations of the Chief of the National Guard Bu-
reau as to which duty of officers of the National Guard in 
the Joint Force Headquarters of the National Guard of the 
States should qualify as joint duty or joint duty experience 
for purposes of the provisions of law requiring such duty 
or experience as a condition of assignment or promotion. 
(d) REPORTS ON JOINT EDUCATION COURSES.—Not 
later than April 1 of each of 2009, 2010, and 2011, the 
Chairman of the Joint Chiefs of Staff shall submit to Con-
gress a report setting forth information on the joint edu-
cation courses available through the Department of Defense 
for purposes of the pursuit of joint careers by officers in 
the Armed Forces. Each report shall include, for the pre-
ceding year, the following: 
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(1) A list and description of the joint education 
courses so available during such year. 
(2) A list and description of the joint education 
courses listed under paragraph (1) that are available 
to and may be completed by officers of the reserve 
components of the Armed Forces in other than an in- 
resident duty status under title 10 or 32, United 
States Code. 
(3) For each course listed under paragraph (1), 
the number of officers from each Armed Force who 
pursued such course during such year, including the 
number of officers of the Army National Guard, and 
of the Air National Guard, who pursued such course. 
(e) MEMORANDUM OF UNDERSTANDING REGARDING 
THE UNITED STATES NORTHERN COMMAND AND OTHER 
COMBATANT COMMANDS.— 
(1) MEMORANDUM REQUIRED.—Not later than 
180 days after the date of the enactment of this Act, 
the Commander of the United States Northern Com-
mand, the Commander of the United States Pacific 
Command, and the Chief of the National Guard Bu-
reau shall, with the approval of the Secretary of De-
fense, jointly enter into a memorandum of under-
standing setting forth the operational relationships, 
and individual roles and responsibilities, during re-
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156 
sponses to domestic emergencies among the United 
States Northern Command, the United States Pacific 
Command, and the National Guard Bureau. 
(2) MODIFICATION.—The Commander of the 
United States Northern Command, the Commander of 
the United States Pacific Command, and the Chief of 
the National Guard Bureau may from time to time 
modify the memorandum of understanding under this 
subsection to address changes in circumstances and 
for such other purposes as the Commander of the 
United States Northern Command, the Commander of 
the United States Pacific Command, and the Chief of 
the National Guard Bureau jointly consider appro-
priate. Each such modification shall be subject to the 
approval of the Secretary of Defense. 
(f) REPORT ON DEFENSE OF THE HOMELAND.— 
(1) REVIEW.—The Secretary of Defense, in con-
sultation with the Chief of the National Guard Bu-
reau, shall conduct a review of the role of the Depart-
ment of Defense in the defense of the homeland. In 
conducting that review, the Secretary shall— 
(A) assess section II of the Final Report to 
Congress and the Secretary of Defense of the 
Commission on the National Guard and Re-
serves, dated January 31, 2008, and titled 
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157 
‘‘Transforming the National Guard and Reserves 
into a 21st-Century Operational Force’’; and 
(B) comment on recommendation number 2 
under section II of the report described in sub-
paragraph (A). 
(2) REPORT.—Not later than April 1, 2009, the 
Secretary of Defense shall issue to the Committee on 
Armed Services of the Senate and the Committee on 
Armed Services of the House of Representatives a re-
port on the review. 
Subtitle D—General Service 
Authorities 
SEC. 531. INCREASE IN AUTHORIZED MAXIMUM REENLIST-
MENT TERM. 
(a) INCREASE TO EIGHT-YEAR MAXIMUM.—Section 
505(d) of title 10, United States Code, is amended— 
(1) in paragraph (2), by striking ‘‘six years’’ 
and inserting ‘‘eight years’’; and 
(2) in paragraph (3)(A), by striking ‘‘six years’’ 
and inserting ‘‘eight years’’. 
(b) CONFORMING AMENDMENT REGARDING REENLIST-
MENT BONUS.—Section 308(a)(2)(ii) of title 37, United 
States Code, is amended by striking ‘‘not to exceed six’’. 
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158 
SEC. 532. CAREER INTERMISSION PILOT PROGRAM. 
(a) PROGRAM AUTHORIZED.—Chapter 40 of title 10, 
United States Code, is amended by inserting after section 
708 the following new section: 
‘‘§ 708a. Career intermission pilot program 
‘‘(a) PROGRAM AUTHORIZED.—(1) The Secretary of a 
military department may establish a pilot program under 
which an officer or enlisted member of an armed force under 
the jurisdiction of the Secretary— 
‘‘(A) is released from active duty for a period not 
to exceed the period specified in subsection (c)(1) to 
meet personal or professional needs of the member; 
‘‘(B) is transferred to the Ready Reserve of that 
armed force during such period, as provided in sub-
section (d); and 
‘‘(C) is returned to active duty at the end of such 
period, as provided in subsection (c)(2). 
‘‘(2) The pilot program shall be known as the ‘Career 
Intermission Pilot Program’ (in this section referred to as 
the ‘program’). 
‘‘(b) NUMBER OF PARTICIPANTS.—No more than 20 of-
ficers and 20 enlisted members of each armed force under 
the jurisdiction of the Secretary of a military department 
may be selected per year for participation in the program. 
‘‘(c) MAXIMUM DURATION OF ABSENCE; RETURN TO 
ACTIVE DUTY.—(1) The period during which a member 
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159 
participating in the program will be released from active 
duty shall be agreed upon by the Secretary concerned and 
the member, but the period may not exceed three years from 
the date of the member’s release from active duty. 
‘‘(2) A member participating in the program shall re-
turn to active duty at the end of the agreed-upon period 
or such earlier date as the member may request. 
‘‘(d) RESERVE AGREEMENT.—(1) Before being released 
from active duty under the program, a member partici-
pating in the program shall— 
‘‘(A) be appointed or enlisted in the Ready Re-
serve for the member’s armed force; and 
‘‘(B) enter into an agreement with the Secretary 
concerned to serve on active duty in a regular or re-
serve component, as determined by the Secretary, for 
a period of not less than two months for every month 
of program participation following the member’s re-
turn to active duty. 
‘‘(2) During the period of release from active duty, a 
member participating in the program shall report at least 
once per month to a location designated by the Secretary 
concerned and be required to maintain the job specialty 
qualifications the member held immediately before being re-
leased from active duty under the program. 
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‘‘(3) The Secretary of Defense shall issue regulations 
specifying the guidelines regarding the conditions of release 
that must be considered and addressed in the agreement re-
quired by this subsection. At a minimum, the Secretary 
shall prescribe the procedures and standards to be used to 
instruct a member on the obligations to be assumed by the 
member under paragraph (2) while the member is released 
from active duty. 
‘‘(e) EXCLUSION OF TIME IN PROGRAM.—Time spent 
in the program shall not count toward— 
‘‘(1) determining eligibility for retirement or 
transfer to the Ready Reserve under chapter 367, 571, 
867, or 1223 of this title; 
‘‘(2) computation of retired or retainer pay 
under chapter 71 or chapter 1223 of this title; or 
‘‘(3) computation of total years of commissioned 
service under section 14706 of this title. 
‘‘(f) MEDICAL AND DENTAL CARE.—While a member 
is participating in the program, the member shall remain 
entitled to medical and dental care on the same basis as 
a member of the armed forces on active duty, and depend-
ents of a member participating in the program shall remain 
entitled to medical and dental care on the same basis as 
the dependents of a member of the armed forces on active 
duty. 
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161 
‘‘(g) PROMOTION ELIGIBILITY.—(1) An officer partici-
pating in the program shall not be eligible for consideration 
for promotion under chapter 36 or 1405 of this title during 
the period of the officer’s release from active duty. Upon 
return to active duty— 
‘‘(A) the officer’s date of rank shall be adjusted 
to a later date under regulations prescribed by the 
Secretary of Defense; and 
‘‘(B) the officer shall be eligible for consideration 
for promotion when officers of the same competitive 
category, grade, and seniority are eligible for consid-
eration. 
‘‘(2) An enlisted member participating in the program 
is ineligible for consideration for promotion during the pe-
riod of the member’s release from active duty and until such 
time after the member’s return to active duty when the 
member becomes eligible for promotion by reason of time 
in grade and such other requirements as may be specified 
in regulations. 
‘‘(h) BASIC PAY.—For each month during which a 
member is released from active duty under the program, 
the member is entitled to two times one-thirtieth of the basic 
pay to which the member would be otherwise entitled based 
on grade and years of service if the member remained on 
active duty. 
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‘‘(i) TRAVEL AND TRANSPORTATION ALLOWANCES.— 
(1) Notwithstanding any other provision of law, a member 
participating in the program is entitled to the travel and 
transportation allowances under section 404 of title 37 for 
travel— 
‘‘(A) performed from the member’s location, at 
the time of the member’s release from active duty 
under the program, to the location in the United 
States designated as the member’s permanent resi-
dence; and 
‘‘(B) performed in connection with the member’s 
return to active duty. 
‘‘(2) An allowance will be paid under this subsection 
for travel to and from only one residence. 
‘‘(j) SPECIAL AND INCENTIVE PAYS AND BONUSES.— 
While released from active duty under the program, a mem-
ber may not receive any special or incentive pay or bonus 
under chapter 5 of title 37 to which the member would oth-
erwise be entitled. When the member returns to active duty 
after the period of participation in the program, the mem-
ber shall receive all of the special and incentive pays that 
the member was receiving before being released from active 
duty and for which the member remains qualified to receive 
upon the return to active duty. 
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‘‘(k) DURATION OF PROGRAM AUTHORITY.—The au-
thority to conduct the program commences on January 1, 
2009, and no member may be released from active duty 
under the program after December 31, 2014.’’. 
(b) EXCLUSION FROM COMPUTATION OF RESERVE OF-
FICER’S TOTAL YEARS OF SERVICE.—Section 14706(a) of 
such title is amended by adding at the end the following 
new paragraph: 
‘‘(4) Service while participating in the Career 
Intermission Pilot Program under section 708a of 
this title.’’. 
(c) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 40 of such title is amended by in-
serting after the item relating to section 708 the following 
new item: 
‘‘708a. Career intermission pilot program.’’. 
Subtitle E—Education and 
Training 
SEC. 541. REPEAL OF PROHIBITION ON PHASED INCREASE 
IN 
MIDSHIPMEN 
AND 
CADET 
STRENGTH 
LIMIT AT UNITED STATES NAVAL ACADEMY 
AND AIR FORCE ACADEMY. 
(a) NAVAL ACADEMY.—Section 6954(h)(1) of title 10, 
United States Code, is amended by striking the last sen-
tence. 
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(b) AIR FORCE ACADEMY.—Section 9342(j)(1) of title 
10, United States Code, is amended by striking the last sen-
tence. 
SEC. 542. PROMOTION OF FOREIGN AND CULTURAL EX-
CHANGE ACTIVITIES AT MILITARY SERVICE 
ACADEMIES. 
(a) UNITED STATES MILITARY ACADEMY.— 
(1) IN
GENERAL.—Chapter 403 of title 10, 
United States Code, is amended by inserting after sec-
tion 4345 the following new section: 
‘‘§ 4345a. Foreign and cultural exchange activities 
‘‘(a) ATTENDANCE AUTHORIZED.—The Secretary of 
the Army may authorize the Academy to permit students, 
officers, and other representatives of a foreign country to 
attend the Academy for periods of not more than two weeks 
if the Secretary determines that the attendance of such per-
sons contributes significantly to the development of foreign 
language, cross cultural interactions and understanding, 
and cultural immersion of cadets. 
‘‘(b) COSTS AND EXPENSES.—The Secretary may pay 
the travel, subsistence, and similar personal expenses of per-
sons incurred to attend the Academy under subsection (a). 
‘‘(c) EFFECT OF ATTENDANCE.—Persons attending the 
Academy under subsection (a) are not considered to be stu-
dents enrolled at the Academy and are in addition to per-
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sons receiving instruction at the Academy under section 
4344 or 4345 of this title. 
‘‘(d) SOURCE OF FUNDS; LIMITATION.—(1) The Acad-
emy shall bear the costs of the attendance of persons under 
subsection (a) from funds appropriated for the Academy 
and from such additional funds as may be available to the 
Academy from a source, other than appropriated funds, to 
support cultural immersion, regional awareness, or foreign 
language training activities in connection with their 
attendence. 
‘‘(2) Expenditures from appropriated funds in support 
of activities under this section may not exceed $40,000 dur-
ing any fiscal year.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
inserting after the item relating to section 4345 the 
following new item: 
‘‘4345a. Foreign and cultural exchange activities.’’. 
(b) NAVAL ACADEMY.— 
(1) IN
GENERAL.—Chapter 603 of title 10, 
United States Code, is amended by inserting after sec-
tion 6957a the following new section: 
‘‘§ 6957b. Foreign and cultural exchange activities 
‘‘(a) ATTENDANCE AUTHORIZED.—The Secretary of 
the Navy may authorize the Naval Academy to permit stu-
dents, officers, and other representatives of a foreign coun-
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try to attend the Naval Academy for periods of not more 
than two weeks if the Secretary determines that the attend-
ance of such persons contributes significantly to the develop-
ment of foreign language, cross cultural interactions and 
understanding, and cultural immersion of midshipmen. 
‘‘(b) COSTS AND EXPENSES.—The Secretary may pay 
the travel, subsistence, and similar personal expenses of per-
sons incurred to attend the Naval Academy under sub-
section (a). 
‘‘(c) EFFECT OF ATTENDANCE.—Persons attending the 
Naval Academy under subsection (a) are not considered to 
be students enrolled at the Naval Academy and are in addi-
tion to persons receiving instruction at the Naval Academy 
under section 6957 or 6957a of this title. 
‘‘(d) SOURCE OF FUNDS; LIMITATION.—(1) The Naval 
Academy shall bear the costs of the attendance of persons 
under subsection (a) from funds appropriated for the Naval 
Academy and from such additional funds as may be avail-
able to the Naval Academy from a source, other than appro-
priated funds, to support cultural immersion, regional 
awareness, or foreign language training activities in con-
nection with their attendence. 
‘‘(2) Expenditures from appropriated funds in support 
of activities under this section may not exceed $40,000 dur-
ing any fiscal year.’’. 
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(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
inserting after the item relating to section 6957a the 
following new item: 
‘‘6957b. Foreign and cultural exchange activities.’’. 
(c) AIR FORCE ACADEMY.— 
(1) IN
GENERAL.—Chapter 903 of title 10, 
United States Code, is amended by inserting after sec-
tion 9345 the following new section: 
‘‘§ 9345a. Foreign and cultural exchange activities 
‘‘(a) ATTENDANCE AUTHORIZED.—The Secretary of 
the Air Force may authorize the Air Force Academy to per-
mit students, officers, and other representatives of a foreign 
country to attend the Air Force Academy for periods of not 
more than two weeks if the Secretary determines that the 
attendance of such persons contributes significantly to the 
development of foreign language, cross cultural interactions 
and understanding, and cultural immersion of cadets. 
‘‘(b) COSTS AND EXPENSES.—The Secretary may pay 
the travel, subsistence, and similar personal expenses of per-
sons incurred to attend the Air Force Academy under sub-
section (a). 
‘‘(c) EFFECT OF ATTENDANCE.—Persons attending the 
Air Force Academy under subsection (a) are not considered 
to be students enrolled at the Air Force Academy and are 
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in addition to persons receiving instruction at the Air Force 
Academy under section 9344 or 9345 of this title. 
‘‘(d) SOURCE OF FUNDS; LIMITATION.—(1) The Air 
Force Academy shall bear the costs of the attendance of per-
sons under subsection (a) from funds appropriated for the 
Air Force Academy and from such additional funds as may 
be available to the Air Force Academy from a source, other 
than appropriated funds, to support cultural immersion, 
regional awareness, or foreign language training activities 
in connection with their attendence. 
‘‘(2) Expenditures from appropriated funds in support 
of activities under this section may not exceed $40,000 dur-
ing any fiscal year.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
inserting after the item relating to section 9345 the 
following new item: 
‘‘9345a. Foreign and cultural exchange activities.’’. 
SEC. 543. COMPENSATION FOR CIVILIAN PRESIDENT OF 
NAVAL POSTGRADUATE SCHOOL. 
Section 7042 of title 10, United States Code, is amend-
ed by adding at the end the following new subsection: 
‘‘(c)(1) If the individual holding the position of Presi-
dent of the Naval Postgraduate School is a civilian, the Sec-
retary shall pay the individual such compensation for the 
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individual’s service as President as the Secretary prescribes, 
except that— 
‘‘(A) basic pay for the President may not exceed 
the rate of compensation authorized for positions in 
level I of the Executive Schedule under section 5312 
of title 5; and 
‘‘(B) total aggregate compensation for the Presi-
dent, including bonuses, awards, allowances, or other 
similar cash payments, may not exceed the total an-
nual compensation payable under section 104 of title 
3. 
‘‘(2) The limitations in section 5373 of title 5 do not 
apply to the authority of the Secretary under this subsection 
to prescribe the salary and other related benefits for the po-
sition of President of the Naval Postgraduate School.’’. 
SEC. 544. INCREASED AUTHORITY TO ENROLL DEFENSE IN-
DUSTRY EMPLOYEES IN DEFENSE PRODUCT 
DEVELOPMENT PROGRAM. 
Section 7049(a) of title 10, United States Code, is 
amended by striking ‘‘25’’ and inserting ‘‘125’’. 
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SEC. 545. REQUIREMENT OF COMPLETION OF SERVICE 
UNDER HONORABLE CONDITIONS FOR PUR-
POSES OF ENTITLEMENT TO EDUCATIONAL 
ASSISTANCE 
FOR 
RESERVE 
COMPONENTS 
MEMBERS SUPPORTING CONTINGENCY OPER-
ATIONS. 
(a) REQUIREMENT OF HONORABLE SERVICE.—Section 
16164(a)(2) of title 10, United States Code, is amended by 
striking ‘‘other than dishonorable conditions’’ and inserting 
‘‘honorable conditions’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date of the enactment 
of this Act and apply to persons described in section 16163 
of title 10, United States Code, who separate on or after 
that date from a reserve component. 
SEC. 546. CONSISTENT EDUCATION LOAN REPAYMENT AU-
THORITY FOR HEALTH PROFESSIONALS IN 
REGULAR COMPONENTS AND SELECTED RE-
SERVE. 
Section 16302(c) of title 10, United States Code, is 
amended by striking paragraphs (2) and (3) and inserting 
the following new paragraph: 
‘‘(2) The annual maximum amount of a loan that may 
be repaid under this section shall be the same as the max-
imum amount in effect for the same year under subsection 
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(e)(2) of section 2173 of this title for the education loan 
repayment program under such section.’’. 
SEC. 547. INCREASE IN NUMBER OF UNITS OF JUNIOR RE-
SERVE OFFICERS’ TRAINING CORPS. 
(a) PLAN FOR INCREASE.—The Secretary of Defense, 
in consultation with the Secretaries of the military depart-
ments, shall develop and implement a plan to establish and 
support 4,000 Junior Reserve Officers’ Training Corps 
units not later than fiscal year 2020. 
(b) EXCEPTIONS.—The requirement imposed in sub-
section (a) shall not apply— 
(1) if the Secretary fails to receive an adequate 
number or requests for Junior Reserve Officers’ 
Training Corps units by public and private sec-
ondary educational institutions; or 
(2) during a time of national emergency when 
the Secretaries of the military departments determine 
that funding must be allocated elsewhere. 
(c) COOPERATION.—The Secretary of Defense, as part 
of the plan to establish and support additional Junior Re-
serve Officers’ Training Corps units, shall work with local 
educational agencies to increase the employment in Junior 
Reserve Officers’ Training Corps units of retired members 
of the Armed Forces who are retired under chapter 61 of 
title 10, United States Code, especially members who were 
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wounded or injured while deployed in a contingency oper-
ation. 
(d) REPORT ON PLAN.—Upon completion of the plan, 
the Secretary of Defense shall provide a report to the con-
gressional defense committees containing, at a minimum, 
the following: 
(1) A description of how the Secretaries of the 
military departments expect to achieve the number of 
units of the Junior Reserve Officers’ Training Corps 
specified in subsection (a), including how many units 
will be established per year by each service. 
(2) The annual funding necessary to support the 
increase in units, including the personnel costs associ-
ated. 
(3) The number of qualified private and public 
schools, if any, who have requested a Junior Reserve 
Officers’ Training Corps unit that are on a waiting 
list. 
(4) Efforts to improve the increased distribution 
of units geographically across the United States. 
(5) Efforts to increase distribution of units in 
educationally and economically deprived areas. 
(6) Efforts to enhance employment opportunities 
for qualified former military members retired for dis-
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ability, especially those wounded while deployed in a 
contingency operation. 
(e) TIME FOR SUBMISSION.—The plan required under 
subsection (a), along with the report required by subsection 
(d), shall be submitted to the congressional defense commit-
tees not later than March 31, 2009. The Secretary of Defense 
shall submit an up-dated report annually thereafter until 
the number of units of the Junior Reserve Officers’ Training 
Corps specified in subsection (a) is achieved. 
(f) ADDITIONAL CURRICULUM ELEMENT.—The Sec-
retary of each military department shall develop and imple-
ment a segment of the Junior Reserve Officers’ Training 
Corps curriculum that includes the contribution and defense 
historiography of gender and ethnic specific groups. 
Subtitle F—Military Justice 
SEC. 551. GRADE OF STAFF JUDGE ADVOCATE TO THE COM-
MANDANT OF THE MARINE CORPS. 
Section 5046(a) of title 10, United States Code, is 
amended by striking the last sentence and inserting the fol-
lowing new sentence: ‘‘The Staff Judge Advocate to the 
Commandant of the Marine Corps, while so serving, has 
the grade of major general.’’. 
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SEC. 552. STANDING MILITARY PROTECTION ORDER. 
(a) IN GENERAL.—Chapter 80 of title 10, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘SEC. 1567. STANDING MILITARY PROTECTIVE ORDER. 
‘‘The issuance of a military protective order by a mili-
tary commander shall be deemed a standing order until— 
‘‘(1) the allegation prompting the protective 
order is resolved by investigation, courts martial, or 
other command determined adjudication; or 
‘‘(2) the military commander issues a new 
order.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘1567. Standing military protective order.’’. 
SEC. 553. MANDATORY NOTIFICATION OF ISSUANCE OF 
MILITARY PROTECTIVE ORDER TO CIVILIAN 
LAW ENFORCEMENT. 
(a) IN GENERAL.—Chapter 80 of title 10, United 
States Code, is amended by inserting after section 1567, as 
added by section 552, the following new section: 
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‘‘SEC. 1567a. MANDATORY NOTIFICATION OF ISSUANCE OF 
MILITARY PROTECTIVE ORDER TO CIVILIAN 
LAW ENFORCEMENT. 
‘‘In the event a military protective order is issued 
against a member of the armed forces and any individual 
involved in the order does not reside on a military installa-
tion at any time during the duration of the military protec-
tive order, the commander of the military installation shall 
notify the appropriate civilian authorities of— 
‘‘(1) the issuance of the protective order; 
‘‘(2) the duration of the protective order; and 
‘‘(3) the individuals involved in the order.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 1567 the following new item: 
‘‘1567a. Mandatory notification of issuance of military protective order to civilian 
law enforcement.’’. 
SEC. 554. IMPLEMENTATION OF INFORMATION DATABASE 
ON SEXUAL ASSAULT INCIDENTS IN THE 
ARMED FORCES. 
(a) DATABASE REQUIRED.—The Secretary of Defense 
shall implement a centralized, case-level database for the 
collection, in a manner consistent with Department of De-
fense regulations for restricted reporting, and maintenance 
of information regarding sexual assaults involving a mem-
ber of the Armed Forces, including information, if avail-
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able, about the nature of the assault, the victim, the offender, 
and the outcome of any legal proceedings in connection with 
the assault. 
(b) AVAILABILITY OF DATABASE.—The database shall 
be available to personnel of the Sexual Assault Prevention 
and Response Office of the Department of Defense. 
(c) IMPLEMENTATION.— 
(1) PLAN FOR IMPLEMENTATION.—Not later than 
90 days after the date of the enactment of this Act, 
the Secretary of Defense shall submit to the congres-
sional defense committees a plan to provide for the 
implementation of the database. 
(2) COMPLETION.—Not later than 15 months 
after the date of enactment of this Act, the Secretary 
shall complete implementation of the database. 
(d) REPORTS.—The database shall be used to develop 
and implement congressional reports, as required by— 
(1) section 577(f) of the Ronald W. Reagan Na-
tional Defense Authorization Act for Fiscal Year 2005 
(Public Law 108–375); 
(2) section 596(c) of the National Defense Au-
thorization Act for Fiscal Year 2006 (Public Law 
109–163); 
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(3) section 532 of the John Warner National De-
fense Authorization Act for Fiscal Year 2007 (Public 
Law 109–364); and 
(4) sections 4361, 6980, and 9361 of title 10, 
United States Code. 
(e) TERMINOLOGY.—Section 577(b) of the Ronald W. 
Reagan National Defense Authorization Act for Fiscal Year 
2005 (Public Law 108–375) is amended by adding at the 
end the following new paragraph: 
‘‘(12) The Secretary shall implement clear, con-
sistent, and streamlined sexual assault terminology 
for use across the Department of Defense, to include 
a clear definition of the following terms: 
‘‘(A) Restricted reports. 
‘‘(B) Unrestricted reports. 
‘‘(C) Substantiated reports.’’. 
Subtitle G—Decorations, Awards, 
and Honorary Promotions 
SEC. 561. REPLACEMENT OF MILITARY DECORATIONS. 
(a) REPLACEMENT REQUIRED.—Chapter 57 of title 
10, United States Code, is amended by adding at the end 
the following new section: 
‘‘§ 1135. Replacement of military decorations 
‘‘(a) REPLACEMENT.—In addition to other authorities 
available to the Secretary concerned to replace a military 
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decoration, the Secretary concerned shall replace, on a one- 
time basis and without charge, a military decoration upon 
the request of the recipient of the military decoration or 
the immediate next of kin of a deceased recipient. 
‘‘(b) EXCEPTION.—Subsection (a) does not apply to the 
medal of honor. 
‘‘(c) MILITARY DECORATION DEFINED.—In this sec-
tion, the term ‘decoration’ means any decoration or award 
that may be presented or awarded to a member of the armed 
forces.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘1135. Replacement of military decorations.’’. 
SEC. 562. AUTHORIZATION AND REQUEST FOR AWARD OF 
MEDAL 
OF 
HONOR 
TO 
RICHARD 
L. 
ETCHBERGER FOR ACTS OF VALOR DURING 
THE VIETNAM WAR. 
(a) AUTHORIZATION.—Notwithstanding the time limi-
tations specified in section 8744 of title 10, United States 
Code, or any other time limitation with respect to the 
awarding of certain medals to persons who served in the 
Armed Forces, the President is authorized and requested to 
award the Medal of Honor under section 8741 of such title 
to former Chief Master Sergeant Richard L. Etchberger for 
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the acts of valor during the Vietnam War described in sub-
section (b). 
(b) ACTS OF VALOR DESCRIBED.—The acts of valor 
referred to in subsection (a) are the actions of then Chief 
Master Sergeant Richard L. Etchberger as Ground Radar 
Superintendent of Detachment 1, 1043rd Radar Evaluation 
Squadron on March 11, 1968, during the Vietnam War for 
which he was originally awarded the Air Force cross. 
SEC. 
563. 
ADVANCEMENT 
OF 
BRIGADIER 
GENERAL 
CHARLES E. YEAGER, UNITED STATES AIR 
FORCE (RETIRED), ON THE RETIRED LIST. 
(a) ADVANCEMENT.—Brigadier General Charles E. 
Yeager, United States Air Force (retired), is entitled to hold 
the rank of major general while on the retired list of the 
Air Force. 
(b) ADDITIONAL BENEFITS NOT TO ACCRUE.—The ad-
vancement of Charles E. Yeager on the retired list of the 
Air Force under subsection (a) shall not affect the retired 
pay or other benefits from the United States to which 
Charles E. Yeager is now or may in the future be entitled 
based upon his military service or affect any benefits to 
which any other person may become entitled based on his 
service. 
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SEC. 564. ADVANCEMENT OF REAR ADMIRAL WAYNE E. 
MEYER, UNITED STATES NAVY (RETIRED), ON 
THE RETIRED LIST. 
(a) ADVANCEMENT AUTHORIZED.—The President is 
authorized and requested to appoint, by and with the advice 
and consent of the Senate, Rear Admiral Wayne E. Meyer, 
United States Navy (retired), to the grade of vice admiral 
on the retired list of the Navy. 
(b) ADDITIONAL BENEFITS NOT TO ACCRUE.—The ad-
vancement of Wayne E. Meyer on the retired list of the 
Navy under subsection (a) shall not affect the retired pay 
or other benefits from the United States to which Wayne 
E. Meyer is now or may in the future be entitled based 
upon his military service or affect any benefits to which 
any other person may become entitled based on his service. 
SEC. 565. AWARD OF VIETNAM SERVICE MEDAL TO VET-
ERANS WHO PARTICIPATED IN MAYAGUEZ 
RESCUE OPERATION. 
(a) IN GENERAL.—The Secretary of the military de-
partment concerned shall, upon the application of an indi-
vidual who is an eligible veteran, award that individual 
the Vietnam Service Medal, notwithstanding any otherwise 
applicable requirements for the award of that medal. Any 
such award shall be made in lieu of any Armed Forces Ex-
peditionary Medal awarded the individual for the individ-
ual’s participation in the Mayaguez rescue operation. 
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(b) ELIGIBLE VETERAN.—For purposes of this section, 
the term ‘‘eligible veteran’’ means a member or former mem-
ber of the Armed Forces who was awarded the Armed Forces 
Expeditionary Medal for participation in military oper-
ations known as the Mayaguez rescue operation of May 12– 
15, 1975. 
Subtitle H—Impact Aid 
SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 
EDUCATIONAL AGENCIES THAT BENEFIT DE-
PENDENTS OF MEMBERS OF THE ARMED 
FORCES AND DEPARTMENT OF DEFENSE CI-
VILIAN EMPLOYEES. 
(a) ASSISTANCE
TO SCHOOLS WITH SIGNIFICANT 
NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 
amount authorized to be appropriated pursuant to section 
301(5) for operation and maintenance for Defense-wide ac-
tivities, $50,000,000 shall be available only for the purpose 
of providing assistance to local educational agencies under 
subsection (a) of section 572 of the National Defense Author-
ization Act for Fiscal Year 2006 (Public Law 109–163; 119 
Stat. 3271; 20 U.S.C. 7703b). 
(b) ASSISTANCE
TO SCHOOLS WITH ENROLLMENT 
CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE 
CHANGES, OR FORCE RELOCATIONS.—Of the amount au-
thorized to be appropriated pursuant to section 301(5) for 
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operation and maintenance for Defense-wide activities, 
$15,000,000 shall be available only for the purpose of pro-
viding assistance to local educational agencies under sub-
section (b) of such section 572. 
(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this 
section, the term ‘‘local educational agency’’ has the mean-
ing given that term in section 8013(9) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7713(9)). 
SEC. 572. CALCULATION OF PAYMENTS UNDER DEPART-
MENT OF EDUCATION’S IMPACT AID PRO-
GRAM. 
Paragraph (2) of section 8003(c) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7703(c)) 
is amended to read as follows: 
‘‘(2) EXCEPTION.—Calculation of payments for a 
local educational agency shall be based on data from 
the fiscal year for which the agency is making an ap-
plication for payment— 
‘‘(A) if such agency is newly established by 
a State (first year of operation only); or 
‘‘(B) if— 
‘‘(i) such agency was eligible to receive 
a payment under this section in the pre-
vious fiscal year; 
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‘‘(ii) such agency has had an overall 
increase (as determined by the Secretary of 
Education in consultation with the Sec-
retary of Defense, the Secretary of Interior, 
or other Federal agencies) of not less than 
100 students or 10 percent as described 
in— 
‘‘(I) subparagraphs (A), (B), and 
(D) of subsection (a)(1); or 
‘‘(II) subparagraphs (C), (E), (F) 
and (G) of subsection (a)(1) if those 
children described in subparagraphs 
(C), (E), (F) and (G) are civilian de-
pendents of employees of the Depart-
ment of Defense; and 
‘‘(iii) such increase occurred during 
the period between the end of the school year 
preceding the fiscal year for which the ap-
plication is being made and the beginning 
of the school year immediately preceding 
that fiscal year as the result of closure or re-
alignment of military installations under 
the base closure process or the relocation of 
members of the Armed Forces and civilian 
employees of the Department of Defense as 
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part of force structure changes or move-
ments of units or personnel between mili-
tary installations.’’. 
Subtitle I—Military Families 
SEC. 581. PRESENTATION OF BURIAL FLAG. 
(a) INCLUSION OF SURVIVING SPOUSE; CONSOLIDA-
TION OF FLAG-RELATED AUTHORITIES.—Subsection (e) of 
section 1482 of title 10, United States Code, is amended— 
(1) by designating the current text as paragraph 
(2) and redesignating current paragraphs (1) and (2) 
as subparagraphs (A) and (B), respectively; 
(2) by inserting before paragraph (2), as so des-
ignated, the following: 
‘‘(e) PRESENTATION
OF
FLAG
OF
THE
UNITED 
STATES.—(1) In the case of a decedent covered by section 
1481 of this title, the Secretary concerned may pay the nec-
essary expenses for the presentation of a flag of the United 
States— 
‘‘(A) to the person designated under subsection 
(c) to direct disposition of the remains; 
‘‘(B) to the parents or parent of the decedent, if 
the person presented a flag under subparagraph (A) 
is other than a parent of the decedent; and 
‘‘(C) to the surviving spouse (including a remar-
ried surviving spouse) of the decedent, if the person 
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185 
presented a flag under subparagraph (A) is other 
than the spouse.’’; and 
(3) by inserting at the end the following new 
paragraphs: 
‘‘(3) A flag to be presented to a person under subpara-
graph (B) or (C) of paragraph (1) shall be of equal size 
to the flag presented under subparagraph (A) of such para-
graph to the person designated to direct disposition of the 
remains of the decedent. 
‘‘(4) This subsection does not apply to a military pris-
oner who dies while in the custody of the Secretary con-
cerned and while under a sentence that includes a dis-
charge. 
‘‘(5) In this subsection, the term ‘parent’ includes a 
natural parent, a stepparent, a parent by adoption, or a 
person who for a period of not less than one year before 
the death of the decedent stood in loco parentis to the dece-
dent. Preference under paragraph (1)(B) shall be given to 
the persons who exercised a parental relationship at the 
time of, or most nearly before, the death of the decedent.’’. 
(b) REPEAL
OF SUPERSEDED PROVISIONS.—Sub-
section (a) of such section is amended by striking para-
graphs (10) and (11). 
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SEC. 582. EDUCATION AND TRAINING OPPORTUNITIES FOR 
MILITARY SPOUSES. 
(a) EMPLOYMENT AND CAREER OPPORTUNITIES FOR 
SPOUSES.—Subchapter I of chapter 88 of title 10, United 
States Code, is amended by inserting after section 1784 the 
following new section: 
‘‘§ 1784a. Education and training opportunities for 
military spouses to expand employment 
and career opportunities 
‘‘(a) PROGRAMS AND TUITION ASSISTANCE.—(1) The 
Secretary of Defense may establish programs to assist the 
spouse of a member of the armed forces described in sub-
section (b) in achieving— 
‘‘(A) the education and training required for a 
degree or credential at an accredited college, univer-
sity, or technical school in the United States that ex-
pands employment and career opportunities for the 
spouse; or 
‘‘(B) the education prerequisites and professional 
licensure or credential required, by a government or 
government sanctioned licensing body, for an occupa-
tion that expands employment and career opportuni-
ties for the spouse. 
‘‘(2) As an alternative to, or in addition to, estab-
lishing a program under this subsection, the Secretary may 
provide tuition assistance to an eligible spouse who is pur-
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suing education, training, or a license or credential to ex-
pand the spouse’s employment and career opportunities. 
‘‘(b) ELIGIBLE SPOUSES.—Assistance under this sec-
tion is limited to a spouse of a member of the armed forces 
who is serving on active duty. 
‘‘(c) EXCEPTIONS.—Subsection (b) does not include— 
‘‘(1) a person who is married to, but legally sep-
arated from, a member of the armed forces under 
court order or statute of any State or territorial pos-
session of the United States; and 
‘‘(2) a spouse of a member of the armed forces 
who is also a member of the armed forces. 
‘‘(d) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations to govern the availability and use of 
assistance under this section. The Secretary shall ensure 
that programs established under this section do not result 
in inequitable treatment for spouses of members of the 
armed forces who are also members, since they are excluded 
from participation in the programs under subsection 
(c)(2).’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such subchapter is amended by inserting 
after the item relating to section 1784 the following new 
item: 
‘‘1784a. Education and training opportunities for military spouses to expand em-
ployment and career opportunities.’’. 
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Subtitle J—Other Matters 
SEC. 591. INCLUSION OF RESERVES IN PROVIDING FED-
ERAL AID FOR STATE GOVERNMENTS, EN-
FORCING FEDERAL AUTHORITY, AND RE-
SPONDING TO MAJOR PUBLIC EMERGENCIES. 
(a) FEDERAL AID FOR STATE GOVERNMENTS.—Sec-
tion 331 of title 10, United States Code, is amended by 
striking ‘‘armed forces, as he’’ and inserting ‘‘armed forces 
(including units and members of the Army Reserve, Navy 
Reserve, Air Force Reserve, Marine Corps Reserve, and 
Coast Guard Reserve ordered to active duty for this pur-
pose), as the President’’. 
(b) ENFORCEMENT OF FEDERAL AUTHORITY.—Section 
332 of such title is amended— 
(1) by striking ‘‘he may’’ and inserting ‘‘the 
President may’’; and 
(2) by striking ‘‘armed forces, as he’’ and insert-
ing ‘‘armed forces (including units and members of 
the Army Reserve, Navy Reserve, Air Force Reserve, 
Marine Corps Reserve, and Coast Guard Reserve or-
dered to active duty for this purpose), as the Presi-
dent’’. 
(c) RESPONSE
TO PUBLIC EMERGENCIES.—Section 
333(a)(1) of such title is amended by inserting after ‘‘Fed-
eral service’’ the following: ‘‘and units and members of the 
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Army Reserve, Navy Reserve, Air Force Reserve, Marine 
Corps Reserve, and Coast Guard Reserve ordered to active 
duty for this purpose’’. 
SEC. 592. INTEREST PAYMENTS ON CERTAIN CLAIMS ARIS-
ING 
FROM 
CORRECTION 
OF 
MILITARY 
RECORDS. 
(a) INTEREST PAYABLE ON CLAIMS.—Subsection (c) 
of section 1552 of title 10, United States Code, is amended 
by adding at the end the following new paragraph: 
‘‘(4) If the correction of military records under this 
section involves setting aside a conviction by court-martial, 
the payment of a claim under this subsection in connection 
with the correction of the records shall include interest at 
not less than the rate of interest in effect under section 1035 
of this title at the time the payment is made. The interest 
shall be calculated on an annual basis, and compounded, 
using the amount of the lost pay, allowances, compensation, 
emoluments, or other pecuniary benefits involved, and the 
amount of any fine or forfeiture paid, beginning from the 
date of the conviction through the date on which the pay-
ment is made.’’. 
(b) CONFORMING AMENDMENT REGARDING CORREC-
TIONS BOARD AUTHORITY TO OVERTURN CONVICTIONS.— 
Subsection (f) of such section is amended by inserting ‘‘con-
vened after May 4, 1950, and’’ after ‘‘court-martial cases’’. 
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(c) CLERICAL AMENDMENTS.—Subsection (c) of such 
section is further amended— 
(1) by redesignating paragraphs (1), (2), and (3) 
as subparagraphs (A), (B), and (C), respectively; 
(2) by inserting ‘‘(1)’’ after ‘‘(c)’’; 
(3) by striking ‘‘If the claimant’’ and inserting 
the following: 
‘‘(2) If the claimant’’; and 
(4) by striking ‘‘A claimant’s acceptance’’ and 
inserting the following: 
‘‘(3) A claimant’s acceptance’’. 
(d) 
RETROACTIVE
EFFECTIVENESS
OF
AMEND-
MENTS.—The amendment made by subsection (a) shall 
apply with respect to any sentence of a court-martial set 
aside by a Corrections Board on or after October 1, 2007, 
when the Corrections Board includes an order or rec-
ommendation for the payment of a claim for the loss of pay, 
allowances, compensation, emoluments, or other pecuniary 
benefits, or for the repayment of a fine or forfeiture, that 
arose as a result of the conviction. In this subsection, the 
term ‘‘Corrections Board’’ has the meaning given that term 
in section 1557 of title 10, United States Code. 
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191 
SEC. 593. EXTENSION OF LIMITATION ON REDUCTIONS OF 
PERSONNEL OF AGENCIES RESPONSIBLE FOR 
REVIEW 
AND 
CORRECTION 
OF 
MILITARY 
RECORDS. 
Section 1559(a) of title 10, United States Code, is 
amended by striking ‘‘October 1, 2008’’ and inserting ‘‘De-
cember 31, 2010’’. 
SEC. 594. AUTHORITY TO ORDER RESERVE UNITS TO AC-
TIVE DUTY TO PROVIDE ASSISTANCE IN RE-
SPONSE TO A MAJOR DISASTER OR EMER-
GENCY. 
Section 12304(b) of title 10, United States Code, is 
amended— 
(1) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively; 
(2) by inserting ‘‘(1)’’ before ‘‘The authority’’; 
and 
(3) by adding at the end the following new para-
graph: 
‘‘(2) The authority under subsection (a) includes au-
thority to order any unit of the Selected Reserve of the 
Army Reserve, Navy Reserve, Air Force Reserve, Marine 
Corps Reserve, or Coast Guard Reserve to active duty to 
provide assistance in responding to a major disaster or 
emergency (as those terms are defined in section 102 of the 
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192 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5122)).’’. 
SEC. 595. SENIOR MILITARY LEADERSHIP DIVERSITY COM-
MISSION. 
(a) ESTABLISHMENT OF COMMISSION.— 
(1) IN GENERAL.—There is hereby established a 
commission to be known as the ‘‘Senior Military 
Leadership Diversity Commission’’. 
(b) COMPOSITION.— 
(1) MEMBERSHIP.—The commission shall be 
composed of 23 members, as follows: 
(A) The Director of the Defense Manpower 
Management Center. 
(B) The Director of the Defense Equal Op-
portunity Management Institute. 
(C) 1 senior military leader from each of 
the Army, Navy, Air Force, and Marine Corps 
who serves or has served in a leadership position 
with either a military department command or 
combatant command shall be appointed by the 
Secretary of Defense. 
(D) 1 retired general or flag officer from 
each of the Army, Navy, Air Force, and Marine 
Corps shall be appointed by the Secretary of De-
fense. 
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(E) 1 retired senior noncommissioned offi-
cer from each of the Army, Navy, Air Force, and 
Marine Corps shall be appointed by the Sec-
retary of Defense. 
(F) 5 retired senior officers who served in 
leadership positions with either a military de-
partment command or combatant command shall 
be appointed by the Secretary of Defense, of 
which no less than 3 shall represent the views of 
minority veterans. 
(G) 4 individuals with expertise in culti-
vating diverse leaders in private or non-profit 
organizations shall be appointed by the Sec-
retary of Defense. 
(2) CHAIRMAN.—The Secretary of Defense shall 
designate one member described in paragraphs (1)(F) 
or (1)(G) as chairman of the commission. 
(3) PERIOD
OF
APPOINTMENT; VACANCIES.— 
Members shall be appointed for the life of the commis-
sion. Any vacancy in the commission shall be filled 
in the same manner as the original appointment. 
(4) DEADLINE FOR APPOINTMENT.—All members 
of the commission shall be appointed not later than 
60 days after the date of the enactment of this Act. 
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(5) QUORUM.—12 members of the commission 
shall constitute a quorum but a lesser number may 
hold hearings. 
(c) MEETINGS.— 
(1) INITIAL
MEETING.—The commission shall 
conduct its first meeting not later than 30 days after 
the date on which a majority of the appointed mem-
bers of the commission have been appointed. 
(2) MEETINGS.—The commission shall meet at 
the call of the chairman. 
(d) DUTIES.— 
(1) STUDY.—The commission shall study the di-
versity within the senior leadership of the Armed 
Forces. The study shall be a comprehensive evaluation 
and assessment of policies that provide opportunities 
for the advancement of minority members of the 
Armed Forces. 
(2) SCOPE
OF
STUDY.—In carrying out the 
study, the commission shall examine the following: 
(A) Efforts to develop and maintain diverse 
leadership at all levels of the Armed Forces. 
(B) The successes and failures of developing 
and maintaining a diverse leadership, particu-
larly at the general and flag officer positions. 
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(C) The effect of expanding Department of 
Defense secondary educational programs to di-
verse civilian populations, to include service 
academy preparatory schools. 
(D) The ability of current recruitment and 
retention practices to attract and maintain a di-
verse pool of qualified individuals in sufficient 
numbers in officer pre-commissioning programs. 
(E) The ability of current activities to in-
crease continuation rates for ethnic and gender 
specific members of the Armed Forces. 
(F) The benefits of conducting an annual 
conference attended by civilian military, active- 
duty and retired military, and corporate leaders 
on diversity, to include a review of current pol-
icy and the annual demographic data from the 
Defense Equal Opportunity Management Insti-
tute. 
(G) The status of prior recommendations 
made to the Department of Defense and to Con-
gress concerning diversity initiatives within the 
Armed Forces. 
(H) The incorporation of private sector 
practices that have been successful in cultivating 
diverse leadership. 
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(I) The establishment and maintenance of 
fair promotion and command opportunities for 
ethnic and gender specific members of the Armed 
Forces at the O–5 grade level and above. 
(J) An assessment of pre-command billet as-
signments of ethnic-specific members of the 
Armed Forces. 
(K) An assessment of command selection of 
ethnic-specific members of the Armed Forces. 
(3) CONSULTATION WITH PRIVATE PARTIES.—In 
carrying out the study under this subsection, the com-
mission may consult with appropriate private, for 
profit, and non-profit organizations and advocacy 
groups to learn methods for developing, implementing, 
and sustaining senior diverse leadership within the 
Department of Defense. 
(e) REPORTS.— 
(1) IN
GENERAL.—Not later than 12 months 
after the date on which the commission first meets, 
the commission shall submit to the President and 
Congress a report on the study. The report shall in-
clude the following: 
(A) the findings and conclusions of the com-
mission; 
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(B) the recommendations of the commission 
for improving diversity within the Department 
of Defense; and 
(C) other information and recommendations 
the commission considers appropriate. 
(2) INTERIM
REPORTS.—The commission may 
submit to the President and Congress interim reports 
as the Commission considers appropriate. 
(f) POWERS OF THE COMMISSION.— 
(1) HEARINGS.—The commission may hold such 
hearings, sit and act at such times and places, take 
such testimony, and receive such evidence as the com-
mission considers appropriate. 
(2) INFORMATION FROM FEDERAL AGENCIES.— 
Upon request by the chairman of the commission, any 
department or agency of the Federal Government may 
provide information that the commission considers 
necessary to carry out its duties. 
(h) TERMINATION OF COMMISSION.—The commission 
shall terminate 60 days after the date on which the commis-
sion submits the report under subsection (e)(1). 
TITLE VI—COMPENSATION AND 
OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
Sec. 601. Fiscal year 2009 increase in military basic pay. 
Sec. 602. Permanent prohibition on charges for meals received at military treat-
ment facilities by members receiving continuous care. 
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Sec. 603. Equitable treatment of senior enlisted members in computation of basic 
allowance for housing. 
Sec. 604. Increase in maximum authorized payment or reimbursement amount 
for temporary lodging expenses. 
Sec. 605. Availability of portion of a second family separation allowance for 
married couples with dependents. 
Sec. 606. Stabilization of pay and allowances for senior enlisted members and 
warrant officers appointed as officers and officers reappointed in 
a lower grade. 
Sec. 607. Extension of authority for income replacement payments for reserve 
component members experiencing extended and frequent mobili-
zation for active duty service. 
Sec. 608. Guaranteed pay increase for members of the Armed Forces of one-half 
of one percentage point higher than Employment Cost Index. 
Subtitle B—Bonuses and Special and Incentive Pays 
Sec. 611. Extension of certain bonus and special pay authorities for Reserve 
forces. 
Sec. 612. Extension of certain bonus and special pay authorities for health care 
professionals. 
Sec. 613. Extension of special pay and bonus authorities for nuclear officers. 
Sec. 614. Extension of authorities relating to payment of other title 37 bonuses 
and special pays. 
Sec. 615. Extension of authorities relating to payment of referral bonuses. 
Sec. 616. Increase in maximum bonus and stipend amounts authorized under 
Nurse Officer Candidate Accession Program. 
Sec. 617. Maximum length of nuclear officer incentive pay agreements for service. 
Sec. 618. Technical changes regarding consolidation of special pay, incentive pay, 
and bonus authorities of the uniformed services. 
Sec. 619. Use of new skill incentive pay and proficiency bonus authorities to en-
courage training in critical foreign languages and foreign cul-
tural studies. 
Sec. 620. Temporary targeted bonus authority to increase direct accessions of offi-
cers in certain health professions. 
Subtitle C—Travel and Transportation Allowances 
Sec. 631. Increased weight allowance for transportation of baggage and household 
effects for certain enlisted members. 
Sec. 632. Additional weight allowance for transportation of materials associated 
with employment of a member’s spouse or community support 
volunteer or charity activities. 
Sec. 633. Transportation of family pets during evacuation of nonessential per-
sonnel. 
Subtitle D—Retired Pay and Survivor Benefits 
Sec. 641. Equity in computation of disability retired pay for reserve component 
members wounded in action. 
Sec. 642. Effect of termination of subsequent marriage on payment of Survivor 
Benefit Plan annuity to surviving spouse or former spouse who 
previously transferred annuity to dependent children. 
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Sec. 643. Extension to survivors of certain members who die on active duty of 
special survivor indemnity allowance for persons affected by re-
quired Survivor Benefit Plan annuity offset for dependency and 
indemnity compensation. 
Sec. 644. Election to receive retired pay for non-regular service upon retirement 
for service in an active reserve status performed after attaining 
eligibility for regular retirement. 
Sec. 645. Recomputation of retired pay and adjustment of retired grade of Re-
serve retirees to reflect service after retirement. 
Sec. 646. Correction of unintended reduction in survivor benefit plan annuities 
due to phased elimination of two-tier annuity computation and 
supplemental annuity. 
Sec. 647. Presumption of death for participants in Survivor Benefit Plan in 
missing status. 
Subtitle E—Commissary and Nonappropriated Fund Instrumentality Benefits 
and Operations 
Sec. 651. Use of commissary stores surcharges derived from temporary com-
missary initiatives for reserve components and retired members. 
Sec. 652. Requirements for private operation of commissary store functions. 
Sec. 653. Additional exception to limitation on use of appropriated funds for De-
partment of Defense golf courses. 
Sec. 654. Enhanced enforcement of prohibition on sale or rental of sexually ex-
plicit material on military installations. 
Sec. 655. Requirement to buy military decorations, ribbons, badges, medals, insig-
nia, and other uniform accouterments produced in the United 
States. 
Sec. 656. Use of appropriated funds
to pay post allowances or overseas cost of 
living allowances to nonappropriated fund instrumentality em-
ployees serving overseas. 
Sec. 657. Study regarding sale of alcoholic wine and beer in commissary stores 
in addition to exchange stores. 
Subtitle F—Other Matters 
Sec. 661. Bonus to encourage Army personnel and other persons to refer persons 
for enlistment in the Army. 
Sec. 662. Continuation of entitlement to bonuses and similar benefits for members 
of the uniformed services who die, are separated or retired for 
disability, or meet other criteria. 
Sec. 663. Providing injured members of the Armed Forces information concerning 
benefits. 
Subtitle A—Pay and Allowances 
SEC. 601. FISCAL YEAR 2009 INCREASE IN MILITARY BASIC 
PAY. 
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The ad-
justment to become effective during fiscal year 2009 re-
quired by section 1009 of title 37, United States Code, in 
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the rates of monthly basic pay authorized members of the 
uniformed services shall not be made. 
(b) INCREASE IN BASIC PAY.—Effective on January 
1, 2009, the rates of monthly basic pay for members of the 
uniformed services are increased by 3.9 percent. 
SEC. 602. PERMANENT PROHIBITION ON CHARGES FOR 
MEALS RECEIVED AT MILITARY TREATMENT 
FACILITIES BY MEMBERS RECEIVING CONTIN-
UOUS CARE. 
Section 402(h) of title 37, United States Code, is 
amended by striking paragraph (3). 
SEC. 603. EQUITABLE TREATMENT OF SENIOR ENLISTED 
MEMBERS IN COMPUTATION OF BASIC AL-
LOWANCE FOR HOUSING. 
Section 403(b)(2) of title 37, United States Code, is 
amended by adding at the end the following new sentence: 
‘‘After June 30, 2009, the determination of what constitutes 
adequate housing for members in the pay grade E–8 with 
dependents shall be equivalent to the higher standard in ef-
fect for members in the pay grade E–9 with dependents.’’. 
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201 
SEC. 604. INCREASE IN MAXIMUM AUTHORIZED PAYMENT 
OR 
REIMBURSEMENT 
AMOUNT 
FOR 
TEM-
PORARY LODGING EXPENSES. 
(a) INCREASE.—Section 404a(e) of title 37, United 
States Code, is amended by striking ‘‘$180 a day’’ and in-
serting ‘‘$290 a day’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on October 1, 2008. 
SEC. 605. AVAILABILITY OF PORTION OF A SECOND FAMILY 
SEPARATION 
ALLOWANCE 
FOR 
MARRIED 
COUPLES WITH DEPENDENTS. 
(a) AVAILABILITY.—Section 427(d) of title 37, United 
States Code, is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘A member’’; 
(2) by striking ‘‘Section 421’’ and inserting the 
following: 
‘‘(3) Section 421’’; 
(3) by striking ‘‘However’’ and inserting ‘‘Except 
as provided in paragraph (2)’’; and 
(4) by inserting before paragraph (3), as so des-
ignated, the following new paragraph: 
‘‘(2) If a married couple, both of whom are members 
of the uniformed services, with dependents are simulta-
neously assigned to duties described in subparagraph (A), 
(B), or (C) of subsection (a)(1) and the members resided 
together with their dependents immediately before their as-
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signments, the Secretary concerned shall pay one of the 
members the full amount of the monthly allowance specified 
in such subsection and the other member one-half of the 
monthly allowance amount until one of the members is no 
longer assigned to duties described in such subparagraphs. 
Upon expiration of the partial allowance, paragraph (1) 
shall continue to apply to the remaining member so long 
as the member is assigned to duties described in subpara-
graph (A), (B), or (C) of such subsection.’’. 
(b) APPLICATION OF AMENDMENT.—Paragraph (2) of 
subsection (d) of section 427 of title 37, United States Code, 
as added by subsection (a), shall apply with respect to mem-
bers of the uniformed services described in such paragraph 
who perform service covered by subparagraph (A), (B), or 
(C) of subsection (a)(1) such section on or after October 1, 
2008. 
SEC. 606. STABILIZATION OF PAY AND ALLOWANCES FOR 
SENIOR ENLISTED MEMBERS AND WARRANT 
OFFICERS APPOINTED AS OFFICERS AND OF-
FICERS REAPPOINTED IN A LOWER GRADE. 
(a) IN GENERAL.—Section 907 of title 37, United 
States Code, is amended to read as follows: 
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‘‘§ 907. Members appointed or reappointed as officers: 
no reduction in pay and allowances 
‘‘(a) STABILIZATION OF PAY AND ALLOWANCES.—A 
member of the armed forces who accepts an appointment 
or reappointment as an officer without a break in service 
shall, for service as an officer, be paid the greater of— 
‘‘(1) the pay and allowances to which the officer 
is entitled as an officer; or 
‘‘(2) the pay and allowances to which the officer 
would be entitled if the officer were in the last grade 
the officer held before the appointment or reappoint-
ment as an officer. 
‘‘(b) COVERED PAYS.—(1) Subject to paragraphs (2) 
and (3), for the purposes of this section, the pay of a grade 
formerly held by an officer described in subsection (a) in-
clude special and incentive pays under chapter 5 of this 
title. 
‘‘(2) In determining the amount of the pay of a grade 
formerly held by an officer, special and incentive pays may 
be considered only so long as the officer continues to perform 
the duty that creates the entitlement to, or eligibility for, 
that pay and would otherwise be eligible to receive that pay 
in the former grade. 
‘‘(3) Special and incentive pays that are dependent on 
a member being in an enlisted status may not be considered 
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in determining the amount of the pay of a grade formerly 
held by an officer. 
‘‘(c) COVERED ALLOWANCES.—(1) Subject to para-
graph (2), for the purposes of this section, the allowances 
of a grade formerly held by an officer described in sub-
section (a) include allowances under chapter 7 of this title. 
‘‘(2) The clothing allowance under section 418 of this 
title may not be considered in determining the amount of 
the allowances of a grade formerly held by an officer de-
scribed in subsection (a) if the officer is entitled to a uni-
form allowance under section 415 of this title. 
‘‘(d) RATES OF PAY AND ALLOWANCES.—For the pur-
poses of this section, the rates of pay and allowances of a 
grade that an officer formerly held are those rates that the 
officer would be entitled to had the officer remained in that 
grade and continued to receive the increases in pay and 
allowances authorized for that grade, as otherwise provided 
in this title or other provisions of law.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 17 of such title is amended by 
striking the item relating to section 907 and inserting the 
following new item: 
‘‘907. Members appointed or reappointed as officers: no reduction in pay and al-
lowances.’’. 
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SEC. 607. EXTENSION OF AUTHORITY FOR INCOME RE-
PLACEMENT PAYMENTS FOR RESERVE COM-
PONENT 
MEMBERS 
EXPERIENCING 
EX-
TENDED AND FREQUENT MOBILIZATION FOR 
ACTIVE DUTY SERVICE. 
Section 910(g) of title 37, United States Code, is 
amended by striking ‘‘December 31, 2008’’ and inserting 
‘‘December 31, 2009’’. 
SEC. 608. GUARANTEED PAY INCREASE FOR MEMBERS OF 
THE ARMED FORCES OF ONE-HALF OF ONE 
PERCENTAGE POINT HIGHER THAN EMPLOY-
MENT COST INDEX. 
Section 1009(c)(2) of title 37, United States Code, is 
amended by striking ‘‘fiscal years 2004, 2005, and 2006’’ 
and inserting ‘‘fiscal years 2010 through 2013’’. 
Subtitle B—Bonuses and Special 
and Incentive Pays 
SEC. 611. EXTENSION OF CERTAIN BONUS AND SPECIAL 
PAY AUTHORITIES FOR RESERVE FORCES. 
(a) SELECTED RESERVE REENLISTMENT BONUS.— 
Section 308b(g) of title 37, United States Code, is amended 
by striking ‘‘December 31, 2008’’ and inserting ‘‘December 
31, 2009’’. 
(b) SELECTED RESERVE AFFILIATION OR ENLISTMENT 
BONUS.—Section 308c(i) of such title is amended by strik-
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206 
ing ‘‘December 31, 2008’’ and inserting ‘‘December 31, 
2009’’. 
(c) SPECIAL PAY FOR ENLISTED MEMBERS ASSIGNED 
TO CERTAIN HIGH PRIORITY UNITS.—Section 308d(c) of 
such title is amended by striking ‘‘December 31, 2008’’ and 
inserting ‘‘December 31, 2009’’. 
(d) READY RESERVE ENLISTMENT BONUS FOR PER-
SONS WITHOUT PRIOR SERVICE.—Section 308g(f)(2) of 
such title is amended by striking ‘‘December 31, 2008’’ and 
inserting ‘‘December 31, 2009’’. 
(e) READY RESERVE ENLISTMENT
AND REENLIST-
MENT BONUS FOR PERSONS WITH PRIOR SERVICE.—Sec-
tion 308h(e) of such title is amended by striking ‘‘December 
31, 2008’’ and inserting ‘‘December 31, 2009’’. 
(f) SELECTED RESERVE ENLISTMENT BONUS
FOR 
PERSONS WITH PRIOR SERVICE.—Section 308i(f) of such 
title is amended by striking ‘‘December 31, 2008’’ and in-
serting ‘‘December 31, 2009’’. 
SEC. 612. EXTENSION OF CERTAIN BONUS AND SPECIAL 
PAY AUTHORITIES FOR HEALTH CARE PRO-
FESSIONALS. 
(a) NURSE OFFICER CANDIDATE ACCESSION PRO-
GRAM.—Section 2130a(a)(1) of title 10, United States Code, 
is amended by striking ‘‘December 31, 2008’’ and inserting 
‘‘December 31, 2009’’. 
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SEC. 619. USE OF NEW SKILL INCENTIVE PAY AND PRO-
FICIENCY BONUS AUTHORITIES TO ENCOUR-
AGE TRAINING IN CRITICAL FOREIGN LAN-
GUAGES AND FOREIGN CULTURAL STUDIES. 
(a) ELIGIBILITY FOR SKILL PROFICIENCY BONUS.— 
Subsection (b) of section 353 of title 37, United States Code, 
is amended to read as follows: 
‘‘(b) SKILL PROFICIENCY BONUS.— 
‘‘(1) AVAILABILITY; ELIGIBLE
PERSONS.—The 
Secretary concerned may pay a proficiency bonus to 
a member of a regular or reserve component of the 
uniformed services who— 
‘‘(A) is entitled to basic pay under section 
204 of this title or compensation under section 
206 of this title or is enrolled in an officer train-
ing program; and 
‘‘(B) is determined to have, and maintains, 
certified proficiency under subsection (d) in a 
skill designated as critical by the Secretary con-
cerned or is in training to acquire proficiency in 
a critical foreign language or expertise in foreign 
cultural studies or a related skill designated as 
critical by the Secretary concerned. 
‘‘(2) INCLUSION OF CERTAIN SENIOR ROTC MEM-
BERS.—A proficiency bonus may be paid under this 
subsection to a student who is enrolled in the Senior 
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Reserve Officers’ Training Corps program even 
though the student is in the first year of the four-year 
course under the program. During the period covered 
by the proficiency bonus, the student shall also be en-
titled to a monthly subsistence allowance under sec-
tion 209(c) of this title even though the student has 
not entered into an agreement under section 2103a of 
title 10. However, if the student receives incentive pay 
under subsection (g)(2) for the same period, the stu-
dent may receive only a single monthly subsistence al-
lowance under section 209(c) of this title.’’. 
(b) AVAILABILITY OF INCENTIVE PAY FOR PARTICIPA-
TION IN FOREIGN LANGUAGE EDUCATION OR TRAINING 
PROGRAMS.—Such section is further amended— 
(1) by redesignating subsections (g), (h), and (i) 
as subsections (h), (i), and (j), respectively; and 
(2) by inserting after subsection (f) the following 
new subsection (g): 
‘‘(g) FOREIGN
LANGUAGE
STUDIES
IN
OFFICER 
TRAINING PROGRAMS.— 
‘‘(1) AVAILABILITY OF INCENTIVE PAY.—The Sec-
retary concerned may pay incentive pay to a person 
enrolled in an officer training program to also par-
ticipate in an education or training program to ac-
quire proficiency in a critical foreign language or ex-
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215 
pertise in foreign cultural studies or a related skill 
designated as critical by the Secretary concerned. 
‘‘(2) INCLUSION OF CERTAIN SENIOR ROTC MEM-
BERS.—Incentive pay may be paid under this sub-
section to a student who is enrolled in the Senior Re-
serve Officers’ Training Corps program even though 
the student is in the first year of the four-year course 
under the program. While the student receives the in-
centive pay, the student shall also be entitled to a 
monthly subsistence allowance under section 209(c) of 
this title even though the student has not entered into 
an agreement under section 2103a of title 10. How-
ever, if the student receives a proficiency bonus under 
subsection (b)(2) covering the same month, the student 
may receive only a single monthly subsistence allow-
ance under section 209(c) of this title. 
‘‘(3) CRITICAL FOREIGN LANGUAGE DEFINED.— 
In this section, the term ‘critical foreign language’ in-
cludes Arabic, Korean, Japanese, Chinese, Pashto, 
Persian-Farsi, 
Serbian-Croatian, 
Russian, 
Por-
tuguese, or other language designated as critical by 
the Secretary concerned.’’. 
(c) PILOT PROGRAM FOR FOREIGN LANGUAGE PRO-
FICIENCY TRAINING FOR RESERVE MEMBERS.— 
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(1) PILOT PROGRAM REQUIRED.—The Secretary 
of Defense shall conduct a pilot program to provide 
a skill proficiency bonus under section 353(b) of title 
37, United States Code, to a member of a reserve com-
ponent of the uniformed services who is entitled to 
compensation under section 206 of such title while the 
member participates in an education or training pro-
gram to acquire proficiency in a critical foreign lan-
guage or expertise in foreign cultural studies or a re-
lated skill designated as critical under such section 
353. 
(2) DURATION OF PILOT PROGRAM.—The Sec-
retary shall conduct the pilot program during the pe-
riod beginning on October 1, 2008, and ending on De-
cember 31, 2013. Incentive pay may not be provided 
under the pilot program after December 31, 2013. 
(3) REPORTING REQUIREMENT.—Not later than 
March 31, 2012, the Secretary shall submit to Con-
gress a report containing the results of the pilot pro-
gram and the recommendations of the Secretary re-
garding whether to continue or expand the pilot pro-
gram. 
(d) EXPEDITED IMPLEMENTATION.—Notwithstanding 
section 662 of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110–181; 122 Stat. 180; 37 
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U.S.C. 301 note), the Secretary of a military department 
may immediately implement the amendments made by sub-
sections (a) and (b) in order to ensure the prompt avail-
ability of proficiency bonuses and incentive pay under sec-
tion 353 of title 37, United States Code, as amended by 
such subsections, for persons enrolled in officer training 
programs. 
SEC. 620. TEMPORARY TARGETED BONUS AUTHORITY TO 
INCREASE DIRECT ACCESSIONS OF OFFICERS 
IN CERTAIN HEALTH PROFESSIONS. 
(a) DESIGNATION OF CRITICALLY SHORT WARTIME 
HEALTH SPECIALTIES.—For purposes of section 335 of title 
37, United States Code, as added by section 661 of the Na-
tional Defense Authorization Act for Fiscal Year 2008 (Pub-
lic Law 110–181), the following health professions are des-
ignated as a critically short wartime specialty under sub-
section (a)(2) of such section: 
(1) Psychologists who have been awarded a di-
ploma as a Diplomate in Psychology by the American 
Board of Professional Psychology and are fully li-
censed and such other mental health practitioners as 
the Secretary concerned determines to be necessary. 
(2) Registered nurses. 
(b) SPECIAL AGREEMENT AUTHORITY.—Under the au-
thority provided by this section, the Secretary concerned 
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may enter into an agreement under subsection (f) of section 
335 of title 37, United States Code, to pay a health profes-
sions bonus under such section to a person who accepts a 
commission or appointment as an officer and whose health 
profession specialty is specified in subsection (a). 
(c) EFFECTIVE PERIOD.—This section shall take effect 
on October 1, 2008. The designations made by subsection 
(a) and the authority to enter into an agreement under sub-
section (b) expire on September 30, 2010. 
Subtitle C—Travel and 
Transportation Allowances 
SEC. 631. INCREASED WEIGHT ALLOWANCE FOR TRANSPOR-
TATION OF BAGGAGE AND HOUSEHOLD EF-
FECTS FOR CERTAIN ENLISTED MEMBERS. 
(a) ALLOWANCE.—The table in section 406(b)(1)(C) of 
title 37, United States Code, is amended by striking the 
items relating to pay grades E–5 through E–9 and insert-
ing the following new items: 
Pay Grade 
Without Dependents 
With Dependents 
‘‘E–9 
13,500 
15,500 
E–8 
12,500 
14,500 
E–7 
11,500 
13,500 
E–6 
8,500 
11,500 
E–5 
7,500 
9,500’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on October 1, 2008. 
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