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readiness 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 
departments on the findings and recommenda-
tions of the study. 
(f) COMPTROLLER GENERAL REVIEW.—Not later 
than 90 days after the date on which the report under 
subsection (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 infor-
mation examined. 
(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 
repair, enhance, or replace military equipment used 
in support of operations underway as of the date of 
the 
enactment 
of 
this 
Act 
and 
associated 
sustainment. 
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(3) The term ‘‘military equipment’’ includes all 
weapon systems, weapon platforms, vehicles and mu-
nitions of the Department of Defense, and the com-
ponents 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 following new section: 
‘‘§ 129d. High-performing organizations 
‘‘(a) GUIDELINES FOR ESTABLISHMENT OF HIGH- 
PERFORMING ORGANIZATIONS.—The Secretary of De-
fense shall develop guidelines for the establishment of a 
high-performing organization conducted through a busi-
ness process reengineering initiative. The guidelines shall 
ensure consideration 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. 
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‘‘(6) Estimated duration of the initiative if such 
initiative is deemed to be temporary. 
‘‘(b) RESTRICTION ON HIGH-PERFORMING ORGANI-
ZATIONS.—The Secretary of Defense, with respect to mat-
ters 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 no-
tification required by subsection (d); and 
‘‘(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 collec-
tive bargaining status of an employee in the Depart-
ment 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 unre-
lated to the establishment of the high performing or-
ganization. 
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‘‘(d) CONGRESSIONAL
NOTIFICATION.—Forty-five 
days before commencing a high-performing organization 
under subsection (a), the Secretary of Defense or the Sec-
retary of the military department concerned shall submit 
to Congress a notification describing the assessment re-
quired by subsection (a). 
‘‘(e) ANNUAL EVALUATION.—The Secretary of De-
fense or the Secretary of the military department con-
cerned shall conduct annual performance reviews of the 
participating organizations or functions under the juris-
diction of the Secretary. The reviews shall be submitted 
to Congress. Each review shall evaluate the performance 
of the high performance 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 func-
tions or processes. 
‘‘(4) Efficiency and effectiveness of the overall 
organization. 
‘‘(f) DEFINITIONS.—In this section, 
‘‘(1) The term ‘high-performing organization’ 
means an organization whose performance exceeds 
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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.’’. 
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 exe-
cute transformational initiatives, combined with the 
strain on the Armed Forces due to ongoing contin-
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gency operations, could impede sound decisions re-
garding the conversion to contractor performance of 
functions of the Department of Defense performed 
by civilian employees. 
(2) Public-private competitions may unneces-
sarily divert Department of Defense personnel and 
resources 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 Sep-
tember 30, 2011, no study or public-private competition 
regarding the conversion to contractor performance of any 
function of the Department of Defense performed by civil-
ian employees 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 
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repair 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 ap-
proach. The report shall include the assumptions that 
were provided to or developed by the Rand Corporation 
for their study of the feasibility of the consolidation pro-
posal. 
(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 Serv-
ices 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 assessment of the findings and recommendations, 
any plans developed for implementation of the consolida-
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tion, and a delineation of all infrastructure costs antici-
pated 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 
guided by the anticipated positive or negative impact upon 
the productivity of the managed workforces at different 
commands and the consequently anticipated positive or 
negative impact upon mission accomplishment at the dif-
ferent commands. This analysis shall be customized for 
each affected 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 productivity of the civilian workforce. What func-
tions are deemed ‘‘transactional’’ or ‘‘nontransactional’’ 
may vary for each affected command. In general, more 
of the civilian personnel management functions for small-
er, less civilian dependent commands may be consolidated 
in a central or regional location or command while fewer 
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functions may be consolidated from larger, more civilian 
dependent commands. 
(b) PROHIBITION ON CONSOLIDATION OF CERTAIN 
FUNCTIONS.—For the Large Civilian Centers, the Sec-
retary 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. 
(5) Managing workers compensation program 
pursuant to chapter 81 of title 5, United States 
Code, or relevant State workers’ compensation pro-
grams. 
(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-
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cally numbering in the thousands and engaged in program 
management, systems engineering, research or develop-
ment, logistics management, software management, man-
agement of existing aircraft systems, and depot level main-
tenance. Such an installation or command typically in-
cludes occupational series far in excess of those assigned 
to other, more typical, Air Force installations or com-
mands. 
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 
minimum safety standards for staffing, equipment, and 
training as required by Department of Defense Installa-
tion 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: 
(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-
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nities to support a base aircraft rescue or respond 
to a fire involving a combat aircraft, cargo aircraft 
or weapon system. 
(4) An evaluation of the impact on certifi-
cations of the base fire departments as a result of 
the reductions in fire fighting personnel and or func-
tions at the base. 
(5) A plan to restore personnel needed to sup-
port the mission should it be determined that per-
sonnel reductions resulting from PBD720 have neg-
atively impacted the ability to perform their mission. 
Subtitle D—Energy Security 
SEC. 331. ANNUAL REPORT ON OPERATIONAL ENERGY 
MANAGEMENT AND IMPLEMENTATION OF 
OPERATIONAL ENERGY STRATEGY. 
(a) REPORT REQUIRED.—Section 2925 of title 10, 
United States Code, is amended by striking subsection (b) 
and inserting the following new subsection: 
‘‘(b) ANNUAL REPORT RELATED TO OPERATIONAL 
ENERGY.—(1) Simultaneous with the annual report re-
quired by subsection (a), the Secretary of Defense, acting 
through the Director of Operational Energy Plans and 
Programs, shall submit to the congressional defense com-
mittees a report on operational energy management and 
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the implementation of the operational energy strategy es-
tablished pursuant to section 139b of this title. 
‘‘(2) The annual report under this subsection shall 
address and include the following: 
‘‘(A) Statistical information on operational en-
ergy demands, in terms of expenditures and con-
sumption, for the preceding five fiscal years, includ-
ing funding made available in regular defense appro-
priations Acts and any supplemental appropriation 
Acts. 
‘‘(B) An estimate of operational energy de-
mands for the current fiscal year and next fiscal 
year, including funding requested to meet oper-
ational energy demands in the budget submitted to 
Congress under section 1105 of title 31 and in any 
supplemental requests. 
‘‘(C) A description of each initiative related to 
the operational energy strategy and a summary of 
funds appropriated for each initiative in the previous 
fiscal year and current fiscal year and requested for 
each initiative for the next five fiscal years. 
‘‘(D) An evaluation of progress made by the 
Department of Defense— 
‘‘(i) in implementing the operational en-
ergy strategy, including the progress of key ini-
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tiatives and technology investments related to 
operational energy demand and management; 
and 
‘‘(ii) in meeting the operational energy 
goals set forth in the strategy. 
‘‘(E) Such recommendations as the Director 
considers appropriate for additional changes in orga-
nization or authority within the Department of De-
fense to enable further implementation of the energy 
strategy and such other comments and recommenda-
tions as the Director considers appropriate. 
‘‘(3) If a report under this subsection is submitted 
in a classified form, the Secretary shall concurrently sub-
mit to the congressional defense committees an unclassi-
fied version of the information required by this subsection. 
‘‘(4) In this subsection, the term ‘operational energy’ 
means the energy required for moving and sustaining mili-
tary forces and weapons platforms for military operations. 
The term includes energy used by tactical power systems 
and generators and weapons platforms.’’. 
(b) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such 
section is amended to read as follows: 
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‘‘§ 2925. Annual Department of Defense energy man-
agement reports’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of subchapter III of chapter 173 of 
such title is amended by striking the item relating 
to section 2925 and inserting the following new 
item: 
‘‘2925. Annual Department of Defense energy management reports.’’. 
SEC. 332. CONSIDERATION OF FUEL LOGISTICS SUPPORT 
REQUIREMENTS 
IN 
PLANNING, 
REQUIRE-
MENTS DEVELOPMENT, AND ACQUISITION 
PROCESSES. 
(a) PLANNING.—In the case of campaign analyses 
and force planning processes that are used to establish 
capability requirements and inform acquisition decisions, 
the Secretary of Defense shall require that campaign anal-
yses and force planning processes consider the require-
ments for, and vulnerability of, fuel logistics and their re-
lationship to operational capability. 
(b) CAPABILITY
REQUIREMENTS
DEVELOPMENT 
PROCESS.—The Secretary of Defense shall develop and 
implement a methodology to enable the implementation of 
a fuel efficiency key performance parameter in the require-
ments development process. 
(c) ACQUISITION PROCESS.—The Secretary of De-
fense shall require that the life-cycle cost analysis for new 
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capabilities include the fully burdened cost of fuel during 
analysis of alternatives and evaluation of alternatives and 
acquisition program design trades. 
(d) IMPLEMENTATION PLAN.—The Secretary of De-
fense shall prepare a plan for implementing the require-
ments of this section. The plan shall be completed not 
later than 180 days after the date of the enactment of 
this Act and provide for implementation of the require-
ments not later than three years after such date. 
(e) REPORT.—Until the certification required by sub-
section (g) is provided, the Secretary of Defense shall sub-
mit to the congressional defense committees a report, not 
later than January 1 of each year, describing progress 
made to implement the requirements of this section during 
the preceding fiscal year. 
(f) FULLY BURDENED COST OF FUEL DEFINED.— 
In this section, the term ‘‘fully burdened cost of fuel’’ 
means the commodity price for fuel plus the total cost of 
all personnel and assets required to move and, when nec-
essary, protect the fuel from the point at which the fuel 
is received from the commercial supplier to the point of 
use. 
(g) CERTIFICATION OF COMPLIANCE.—As soon as 
practicable during the three-year period beginning on the 
date of the enactment of this Act, the Secretary of Defense 
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shall certify to the congressional defense committees that 
the Secretary has complied with the requirements of this 
section. If the Secretary is unable to provide the certifi-
cation, the Secretary shall submit to the congressional de-
fense committees at the end of the three-year period a re-
port containing— 
(1) an explanation of the reasons why the re-
quirements, or portions of the requirements, have 
not been implemented; and 
(2) a revised plan under subsection (d) to com-
plete implementation or a rationale regarding why 
portions of the requirements cannot or should not be 
implemented. 
SEC. 333. STUDY ON SOLAR ENERGY FOR USE AT FORWARD 
OPERATING LOCATIONS. 
(a) STUDY REQUIRED.—The Secretary of Defense 
shall provide for a study to examine the feasibility of using 
solar energy to provide electricity at forward operating lo-
cations. 
(b) MATTERS EXAMINED.—The study shall examine, 
at a minimum, the following: 
(1) The potential for solar energy to reduce the 
fuel supply needed to provide electricity at forward 
operating locations and the extent to which such re-
duction will decrease the risk of casualties by reduc-
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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 
electricity. 
(3) The potential savings of using solar energy 
to provide electricity compared to current methods. 
(4) The environmental benefits of using solar 
energy to provide electricity instead of the current 
methods. 
(5) The sustainability and operating require-
ments of solar energy systems for providing elec-
tricity compared to current methods. 
(c) REPORT.—Not later than March 1, 2009, the 
Secretary shall submit to the congressional defense com-
mittees a report on the results of the study required by 
subsection (a). 
SEC. 334. STUDY ON COAL-TO-LIQUID FUELS. 
(a) STUDY REQUIRED.—The Secretary of Defense 
shall conduct a study on alternatives to reduce the life 
cycle emissions of coal-to-liquid fuels and potential uses 
of coal-to-liquid fuels to meet the Department’s mobility 
energy requirements. 
(b) MATTERS EXAMINES.—The study shall examine, 
at a minimum, the following: 
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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 
DEVELOPMENT CENTER.—The Secretary of Defense shall 
select a federally funded research and development center 
to perform the study required by subsection (a). 
(d) REPORT.—Not later than March 1, 2009, the fed-
erally funded research and development center shall sub-
mit to the congressional defense committees and the Sec-
retary of Defense a report on the results of the study re-
quired by subsection (a). 
SEC. 335. EXCEPTION TO ALTERNATIVE FUEL PROCURE-
MENT REQUIREMENT. 
Section 526 of the Energy Independence and Security 
Act of 2007 (Public Law 110–140; 42 U.S.C. 17142) is 
amended— 
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(1) by striking ‘‘No Federal agency’’ and insert-
ing ‘‘(a) REQUIREMENT.—Except as provided in 
subsection (b), no Federal agency’’; and 
(2) by adding at the end the following: 
‘‘(b) EXCEPTION.—Subsection (a) does not prohibit 
a Federal agency from entering into a contract to pur-
chase a generally available fuel that is not an alternative 
or synthetic fuel or predominantly produced from a non-
conventional petroleum source, if— 
‘‘(1) the contract does not specifically require 
the contractor to provide an alternative or synthetic 
fuel or fuel from a nonconventional petroleum 
source; 
‘‘(2) the purpose of the contract is not to obtain 
an alternative or synthetic fuel or fuel from a non-
conventional petroleum source; and 
‘‘(3) the contract does not provide incentives for 
a refinery upgrade or expansion to allow a refinery 
to use or increase its use of fuel from a nonconven-
tional petroleum source.’’. 
SEC. 336. STUDY OF CONSIDERATION OF GREENHOUSE GAS 
EMISSIONS IN ACQUISITION PROCESSES. 
(a) STUDY.—The Secretary of Defense shall conduct 
a study to develop procedures and methods to measure 
and consider greenhouse gas emissions in the acquisition 
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process, and shall include in the study an examination of 
the following: 
(1) The processes and methods which would 
need to be developed and adopted to allow the De-
partment of Defense to consider greenhouse gas 
emissions in the planning, requirements develop-
ment, and acquisition processes. 
(2) The internal and external data necessary to 
allow the Department of Defense to consider green-
house gas emissions in the planning, requirements 
development, and acquisition processes. 
(3) A timetable for the implementation of such 
procedures and methods in the acquisition process, 
as well as an estimate of the costs associated with 
such implementation. 
(4) Such other factors as the Secretary con-
siders appropriate with respect to the development 
and implementation of such procedures and meth-
ods. 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary shall submit 
to the Congressional defense committees a report on the 
results of the study conducted under subsection (a). 
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Subtitle E—Reports 
SEC. 341. COMPTROLLER GENERAL REPORT ON READINESS 
OF ARMED FORCES. 
(a) REPORT REQUIRED.— 
(1) IN
GENERAL.—Not later than June 1, 
2009, the Comptroller General shall submit to the 
Committees on Armed Services of the Senate and 
House of Representatives a report on the readiness 
of the regular and reserve components of the Armed 
Forces. The report shall be unclassified but may 
contain a classified annex. 
(2) ONE
OR
MORE
REPORTS.—In complying 
with the requirements of this section, the Comp-
troller General may submit a single report address-
ing all the elements specified in subsection (b) or 
two or more reports addressing any combination of 
such elements. 
(b) ELEMENTS.—The elements specified in this sub-
section are the following: 
(1) An analysis of the readiness status, as of 
the date of the enactment of this Act, of the regular 
and reserve components of the Army and the Marine 
Corps, including any significant changes in any 
trends with respect to such components since 2001. 
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(2) An analysis of the readiness status, as of 
such date, of the regular and reserve components of 
the Air Force and the Navy, including a description 
of any major factors that affect the ability of the 
Navy or Air Force to provide trained and ready 
forces for ongoing operations and to meet overall 
readiness goals. 
(3) An analysis of the efforts of the Secretary 
of each military department to address any major 
factors affecting the readiness of the regular and re-
serve components under the jurisdiction of that Sec-
retary. 
SEC. 342. REPORT ON PLAN TO ENHANCE COMBAT SKILLS 
OF NAVY AND AIR FORCE PERSONNEL. 
(a) REPORT REQUIRED.—At the same time as the 
budget for fiscal year 2010 is submitted to Congress under 
section 1105(a) of title 31, United States Code, the Sec-
retary of Defense shall submit to the Committees on 
Armed Services of the Senate and House of Representa-
tives a report on— 
(1) the plans of the Secretary of the Navy to 
improve the combat skills of the members of the 
Navy; and 
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(2) the plans of the Secretary of the Air Force 
to improve the combat skills of the members of the 
Air Force. 
(b) ELEMENTS OF REPORT.—The report required 
under subsection (a) shall include each of the following: 
(1) The criteria that the Secretary of the Air 
Force and the Secretary of the Navy use to select 
permanent sites for their Common Battlefield Air-
men Training and Expeditionary Combat Skills 
courses. 
(2) An identification of the extent to which the 
Secretary of the Navy and Secretary of the Air 
Force coordinated with each other and with the Sec-
retary of the Army and the Commandant of the Ma-
rine Corps with respect to their plans to expand 
combat skills training for members of the Navy and 
Air Force, respectively, together with a complete list 
of bases or locations that were considered as possible 
sites for the coordinated training. 
(3) 
The 
estimated 
implementation 
and 
sustainment costs for the Air Force Common Battle-
field Airmen Training and Navy Expeditionary Com-
bat Skills courses. 
(4) The estimated cost savings, if any, which 
could result by carrying out such combat skills train-
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ing at existing Department of Defense facilities or 
by using existing ground combat training resources. 
SEC. 343. COMPTROLLER GENERAL REPORT ON THE USE 
OF THE ARMY RESERVE AND NATIONAL 
GUARD AS AN OPERATIONAL RESERVE. 
(a) REPORT REQUIRED.—Not later than June 1, 
2009, the Comptroller General shall submit to the Com-
mittees on Armed Services of the Senate and House of 
Representatives a report on the use of the Army Reserve 
and National Guard forces as an operational reserve. 
(b) ELEMENTS.—The report required by subsection 
(a) shall include a description of current and programmed 
resources, force structure, and organizational challenges 
that the Army Reserve and National Guard forces may 
face serving as an operational reserve, including— 
(1) equipment availability, maintenance, and lo-
gistics issues; 
(2) manning and force structure; 
(3) training constraints limiting— 
(A) facilities and ranges; 
(B) access to military schools and skill 
training; and 
(C) access to the Combat Training Cen-
ters; and 
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(4) any conflicts with requirements under title 
32, United States Code. 
SEC. 344. COMPTROLLER GENERAL REPORT ON LINK BE-
TWEEN PREPARATION AND USE OF ARMY RE-
SERVE COMPONENT FORCES TO SUPPORT 
ONGOING OPERATIONS. 
(a) REPORT REQUIRED.—Not later than June 1, 
2009, the Comptroller General shall submit to the Com-
mittees on Armed Services of the Senate and House of 
Representatives a report on the link between the prepara-
tion and operational use of the Army’s reserve component 
forces. 
(b) ELEMENTS.—The report required by subsection 
(a) shall include— 
(1) an analysis of the Army’s ability to train 
and employ reserve component units— 
(A) to execute the wartime or primary mis-
sions for which the units are designed; and 
(B) for non-traditional missions to which 
such units are assigned, as of the date of the 
enactment of this Act, in support of ongoing 
operations, including factors affecting unit or 
individual preparation, the effect of notification 
timelines, and access to training facilities, in-
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cluding the National Training Center and the 
Joint Readiness Training Center; and 
(2) an analysis of the effect of mobilization and 
deployment laws, goals, and policies on the Army’s 
ability to train and employ reserve component units 
for the purposes described in paragraph (1). 
SEC. 345. COMPTROLLER GENERAL REPORT ON ADEQUACY 
OF FUNDING, STAFFING, AND ORGANIZATION 
OF DEPARTMENT OF DEFENSE MILITARY MU-
NITIONS RESPONSE PROGRAM. 
(a) REPORT REQUIRED.—Not later than one year 
after the date of the enactment of this Act, the Comp-
troller General shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a re-
port on the adequacy of the funding, staffing, and organi-
zation of the Military Munitions Response Program of the 
Department of Defense. 
(b) ELEMENTS.—The report required by subsection 
(a) shall include— 
(1) an analysis of the funding, staffing, and or-
ganization of the Military Munitions Response Pro-
gram; and 
(2) an assessment of the Program mechanisms 
for the accountability, reporting, and monitoring of 
the progress of munitions response projects and 
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methods to reduce the length of time of such 
projects. 
SEC. 346. REPORT ON OPTIONS FOR PROVIDING REPAIR 
CAPABILITIES TO SUPPORT SHIPS OPER-
ATING NEAR GUAM. 
(a) REPORT REQUIRED.—Not later than March 1, 
2009, the Secretary of the Navy shall submit to the com-
mittees on Armed Services of the Senate and House of 
Representatives a report on the best option or combination 
of options for providing voyage repair capabilities to sup-
port all United States Navy ships operating at or near 
Guam. 
(b) CONTENTS OF REPORT.—The report required 
under subsection (a) shall include each of the following: 
(1) The Secretary’s estimate, based on the 
quantitative data determined to be most appropriate 
by the Secretary, of the requirements for voyage re-
pairs for all United States Navy vessels operating at 
or near Guam, including— 
(A) such requirements for ships operated 
by the Military Sealift Command; and 
(B) such requirements for United States 
Navy vessels for which the designated homeport 
of the vessel is anticipated to become Guam as 
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a result of the realignment of the Armed Forces 
from Okinawa, Japan, to Guam. 
(2) The recommendations of the Secretary for 
ensuring that adequate voyage repair capabilities are 
available for all United States Navy ships operating 
at or near Guam and an estimate of the amount of 
time required to implement such capabilities. 
(3) The Secretary’s assessment of the benefits 
and limitations of each option for providing voyage 
repairs to all United States Navy ships operating at 
or near Guam and of the anticipated costs and stra-
tegic and operational risks associated with each such 
option. 
(4) A plan and schedule for implementing a 
course of action to ensure that the required ship re-
pair capability is available by not later than October 
31, 2012. 
Subtitle F—Other Matters 
SEC. 351. EXTENSION OF ENTERPRISE TRANSITION PLAN 
REPORTING REQUIREMENT. 
Section 2222(i) of title 10, United States Code, is 
amended by striking ‘‘2009’’ and inserting ‘‘2013’’. 
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SEC. 352. DEMILITARIZATION OF LOANED, GIVEN, OR EX-
CHANGED DOCUMENTS, HISTORICAL ARTI-
FACTS, 
AND 
CONDEMNED 
OR 
OBSOLETE 
COMBAT MATERIEL. 
Section 2572(d) of title 10, United States Code, is 
amended— 
(1) in paragraph (1), by adding at the end the 
following new sentence: ‘‘The Secretary concerned 
shall ensure that an item authorized to be donated 
under this section is demilitarized, as determined 
necessary by the Secretary or the Secretary’s 
delegee, to the extent necessary to render the item 
unserviceable in the interest of public safety.’’; and 
(2) in paragraph (2)(A), by inserting before the 
period at the end the following: ‘‘, including any ex-
pense associated with demilitarizing an item under 
paragraph (1), for which the recipient of the item 
shall be responsible’’. 
SEC. 353. REPEAL OF REQUIREMENT THAT SECRETARY OF 
AIR FORCE PROVIDE TRAINING AND SUP-
PORT TO OTHER MILITARY DEPARTMENTS 
FOR A–10 AIRCRAFT. 
(a) REPEAL.—Chapter 901 of title 10, United States 
Code, is amended by striking section 9316. 
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(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by striking 
the item relating to section 9316. 
SEC. 354. DISPLAY OF ANNUAL BUDGET REQUIREMENTS 
FOR AIR SOVEREIGNTY ALERT MISSION. 
(a) SUBMISSION WITH ANNUAL BUDGET JUSTIFICA-
TION DOCUMENTS.—For fiscal year 2010 and each subse-
quent fiscal year, the Secretary of Defense shall submit 
to the President, for consideration by the President for 
inclusion with the budget materials submitted to Congress 
under section 1105(a) of title 31, United States Code, a 
consolidated budget justification display that covers all 
programs and activities of the Air Sovereignty Alert mis-
sion of the Air Force. 
(b) REQUIREMENTS
FOR BUDGET DISPLAY.—The 
budget display under subsection (a) for a fiscal year shall 
include for such fiscal year the following: 
(1) The funding requirements for the Air Sov-
ereignty Alert mission, and the associated Command 
and Control mission, including such requirements 
for— 
(A) pay and allowances; 
(B) support costs; 
(C) Medicare eligible retiree health fund 
contributions; 
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(D) flying hours; and 
(E) any other associated mission costs. 
(2) The amount in the budget for the Air Force 
for each of the items referred to in paragraph (1). 
(3) The amount in the budget for the Air Na-
tional Guard for each such item. 
SEC. 355. SENSE OF CONGRESS THAT AIR SOVEREIGNTY 
ALERT MISSION SHOULD RECEIVE SUFFI-
CIENT FUNDING AND RESOURCES. 
It is the sense of Congress that— 
(1) since the tragic events of September 11, 
2001, the Air National Guard has bravely performed 
the Air Sovereignty Alert mission to defend the 
homeland in support of Operation Noble Eagle; 
(2) the Air National Guard continues to serve 
as the backbone of this vital national security mis-
sion; 
(3) the United States Air Force should include 
full funding for the Air Sovereignty Alert mission in 
the baseline budget of the Air Force; 
(4) the United States Air Force should program 
sufficient personnel, equipment, and aircraft re-
sources to the Air National Guard to fully and safely 
perform the Air Sovereignty Alert mission; 
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(5) the capability of Air National Guard air-
craft assigned to the Air Sovereignty Alert mission 
is rapidly deteriorating due to age and may impede 
the ability of the Air National Guard to protect the 
homeland; 
(6) by 2015, many of the Air National Guard’s 
fighter aircraft will have exceeded their service life 
and will be grounded, resulting in a breach of home-
land defense, a potential closure of Air National 
Guard bases, the loss of critical personnel with the 
accompanying loss of experience and training, and 
the loss of the fighter capability of the Air National 
Guard; and 
(7) the United States Air Force should ensure 
that the Air National Guard and the Air Sovereignty 
Alert mission are provided with resources, personnel, 
and aircraft needed to support this critical mission 
now and in the future. 
SEC. 356. REVISION OF CERTAIN AIR FORCE REGULATIONS 
REQUIRED. 
(a) REVISION REQUIRED.—Not later than 90 days 
after the date of enactment of this Act, the Secretary of 
the Air Force shall revise the Air Freight Transportation 
Regulation Number 5, dated January 15, 1999, to con-
form with Defense Travel Regulations to ensure that 
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freight covered by Air Freight Transportation Regulation 
Number 5 is carried in accordance with commercial best 
practices that are based upon a mode-neutral approach. 
(b) MODE-NEUTRAL
APPROACH
DEFINED.—For 
purposes of this section, the term ‘‘mode-neutral ap-
proach’’ means a method of shipment that allows a shipper 
to choose a carrier with a time-definite performance stand-
ard for delivery without specifying a particular mode of 
conveyance and allows the carrier to select the mode of 
conveyance using best commercial practices as long as the 
mode of conveyance can reasonably be expected to ensure 
the time-definite delivery requested by the shipper. 
SEC. 357. TRANSFER OF C–12 AIRCRAFT TO CALIFORNIA DE-
PARTMENT OF FORESTRY AND FIRE PROTEC-
TION. 
(a) AUTHORITY.—The Secretary of the Army may 
convey to the California Department of Forestry and Fire 
Protection (hereinafter in this section referred to as ‘‘CAL 
FIRE’’), all right, title, and interest of the United States 
in three C–12 aircraft that the Secretary has determined 
are surplus to need. 
(b) CONVEYANCE
AT NO COST
TO
THE UNITED 
STATES.—The conveyance of an aircraft authorized by 
this section shall be made at no cost to the United States. 
Any costs associated with such conveyance, costs of deter-
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mining compliance with terms of the conveyance, and costs 
of operation and maintenance of the aircraft conveyed 
shall be borne by CAL FIRE. 
SEC. 358. AVAILABILITY OF FUNDS FOR IRREGULAR WAR-
FARE SUPPORT PROGRAM. 
Of the amount appropriated pursuant to an author-
ization of appropriations or otherwise made available for 
the Joint Improvised Explosive Device Defeat Organiza-
tion for fiscal year 2009, $75,000,000 shall be available 
for the Irregular Warfare Support program (program ele-
ment line 0603121D8Z, SO/LIC Advanced Development). 
SEC. 359. SENSE OF CONGRESS REGARDING PROCURE-
MENT AND USE OF MUNITIONS. 
It is the sense of Congress that the Secretary of De-
fense should— 
(1) in making decisions with respect to procure-
ment of munitions, develop methods to account for 
the full life-cycle costs of munitions, including the 
effects of failure rates on the cost of disposal; and 
(2) undertake a review of live-fire practices for 
the purpose of reducing unexploded ordnance and 
munitions-constituent contamination without imped-
ing military readiness. 
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SEC. 360. LIMITATION ON OBLIGATION OF FUNDS FOR AIR 
COMBAT 
COMMAND 
MANAGEMENT 
HEAD-
QUARTERS. 
Of the funds appropriated pursuant to an authoriza-
tion of appropriations or otherwise made available for Op-
eration and Maintenance, Air Force, for fiscal year 2009, 
the amount that may be obligated for Air Force Com-
mander, Air Combat Command Management Head-
quarters, Sub-Activity Group 012E, for any fiscal quarter 
of such fiscal year may not exceed 80 percent of the 
amount of such funds obligated for such purpose for the 
corresponding fiscal quarter of fiscal year 2008 until the 
Secretary of Defense certifies to the congressional defense 
committees that by not later than February 3, 2009, the 
Future Year’s Defense Plan will include funding for 76 
commonly configured B–52 aircraft. 
SEC. 361. INCREASE OF DOMESTIC SOURCING OF MILITARY 
WORKING DOGS USED BY THE DEPARTMENT 
OF DEFENSE. 
(a) INCREASED CAPACITY.—The Secretary of De-
fense, acting through the Executive Agent for Military 
Working Dogs (hereinafter in this section referred to as 
the ‘‘Executive Agent’’), shall— 
(1) identify the number of military working 
dogs required to fulfill the various missions of the 
Department of Defense for which such dogs are 
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used, including force protection, facility and check 
point security, and explosives and drug detection; 
(2) take such steps as are practicable to ensure 
an adequate number of military working dog teams 
are available to meet and sustain the mission re-
quirements identified in paragraph (1); 
(3) ensure that the Department’s needs and 
performance standards with respect to military 
working dogs are readily available to dog breeders 
and trainers; and 
(4) coordinate with other Federal, State, or 
local agencies, nonprofit organizations, universities, 
or private sector entities, as appropriate, to increase 
the training capacity for military working dog teams. 
(b) MILITARY WORKING DOG PROCUREMENT.—The 
Secretary, acting through the Executive Agent shall work 
to ensure that military working dogs are procured as effi-
ciently as possible and at the best value to the Govern-
ment, while maintaining the necessary level of quality and 
encouraging increased domestic breeding, with the ulti-
mate goal of procuring all military working dogs through 
domestic breeders. 
(c) MILITARY WORKING DOG DEFINED.—For pur-
poses of this section, the term ‘‘military working dog’’ 
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means a dog used in any official military capacity, as de-
fined by the Secretary of Defense. 
SEC. 362. FUNDING FOR PROGRAMS RELATING TO DENTAL 
READINESS FOR THE ARMY RESERVE. 
Of the amount authorized in section 301(6) to be ap-
propriated for fiscal year 2009 for the Army Reserve— 
(1) $22,300,000 is authorized for first term 
dental readiness; and 
(2) $8,500,000 is authorized for demobilization 
dental treatment. 
TITLE IV—MILITARY 
PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent active duty end strength minimum levels. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2009 limitation on number of non-dual status technicians. 
Sec. 415. Maximum number of reserve personnel authorized to be on active 
duty for operational support. 
Sec. 416. Additional waiver authority of limitation on number of reserve compo-
nent members authorized to be on active duty. 
Subtitle C—Authorization of Appropriations 
Sec. 421. Military personnel. 
Subtitle A—Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
The Armed Forces are authorized strengths for active 
duty personnel as of September 30, 2009, as follows: 
(1) The Army, 532,400. 
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(2) The Navy, 326,323. 
(3) The Marine Corps, 194,000. 
(4) The Air Force, 317,050. 
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END 
STRENGTH MINIMUM LEVELS. 
Section 691(b) of title 10, United States Code, is 
amended by striking paragraphs (1) through (4) and in-
serting the following new paragraphs: 
‘‘(1) For the Army, 532,400. 
‘‘(2) For the Navy, 326,323. 
‘‘(3) For the Marine Corps, 194,000. 
‘‘(4) For the Air Force, 317,050.’’. 
Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL.—The Armed Forces are authorized 
strengths for Selected Reserve personnel of the reserve 
components as of September 30, 2009, as follows: 
(1) The Army National Guard of the United 
States, 352,600. 
(2) The Army Reserve, 205,000. 
(3) The Navy Reserve, 66,700. 
(4) The Marine Corps Reserve, 39,600. 
(5) The Air National Guard of the United 
States, 106,700. 
(6) The Air Force Reserve, 67,400. 
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(7) The Coast Guard Reserve, 10,000. 
(b) 
END
STRENGTH
REDUCTIONS.—The 
end 
strengths prescribed by subsection (a) for the Selected Re-
serve of any reserve component shall be proportionately 
reduced by— 
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of 
such component which are on active duty (other 
than for training) at the end of the fiscal year; and 
(2) the total number of individual members not 
in units organized to serve as units of the Selected 
Reserve of such component who are on active duty 
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end 
of the fiscal year. 
(c) END STRENGTH INCREASES.—Whenever units or 
individual members of the Selected Reserve of any reserve 
component are released from active duty during any fiscal 
year, the end strength prescribed for such fiscal year for 
the Selected Reserve of such reserve component shall be 
increased proportionately by the total authorized strengths 
of such units and by the total number of such individual 
members. 
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SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 
DUTY IN SUPPORT OF THE RESERVES. 
Within the end strengths prescribed in section 
411(a), the reserve components of the Armed Forces are 
authorized, as of September 30, 2009, the following num-
ber of Reserves to be serving on full-time active duty or 
full-time duty, in the case of members of the National 
Guard, for the purpose of organizing, administering, re-
cruiting, instructing, or training the reserve components: 
(1) The Army National Guard of the United 
States, 32,060. 
(2) The Army Reserve, 17,070. 
(3) The Navy Reserve, 11,099. 
(4) The Marine Corps Reserve, 2,261. 
(5) The Air National Guard of the United 
States, 14,337. 
(6) The Air Force Reserve, 2,733. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 
(DUAL STATUS). 
The minimum number of military technicians (dual 
status) as of the last day of fiscal year 2009 for the re-
serve components of the Army and the Air Force (notwith-
standing section 129 of title 10, United States Code) shall 
be the following: 
(1) For the Army Reserve, 8,395. 
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(2) For the Army National Guard of the United 
States, 27,210. 
(3) For the Air Force Reserve, 10,003. 
(4) For the Air National Guard of the United 
States, 22,452. 
SEC. 414. FISCAL YEAR 2009 LIMITATION ON NUMBER OF 
NON-DUAL STATUS TECHNICIANS. 
(a) LIMITATIONS.— 
(1) NATIONAL GUARD.—Within the limitation 
provided in section 10217(c)(2) of title 10, United 
States Code, the number of non-dual status techni-
cians employed by the National Guard as of Sep-
tember 30, 2009, may not exceed the following: 
(A) For the Army National Guard of the 
United States, 1,600. 
(B) For the Air National Guard of the 
United States, 350. 
(2) ARMY RESERVE.—The number of non-dual 
status technicians employed by the Army Reserve as 
of September 30, 2009, may not exceed 595. 
(3) AIR FORCE RESERVE.—The number of non- 
dual status technicians employed by the Air Force 
Reserve as of September 30, 2009, may not exceed 
90. 
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(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 
this section, the term ‘‘non-dual status technician’’ has the 
meaning given that term in section 10217(a) of title 10, 
United States Code. 
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
THORIZED TO BE ON ACTIVE DUTY FOR 
OPERATIONAL SUPPORT. 
During fiscal year 2009, the maximum number of 
members of the reserve components of the Armed Forces 
who may be serving at any time on full-time operational 
support duty under section 115(b) of title 10, United 
States Code, is the following: 
(1) The Army National Guard of the United 
States, 17,000. 
(2) The Army Reserve, 13,000. 
(3) The Navy Reserve, 6,200. 
(4) The Marine Corps Reserve, 3,000. 
(5) The Air National Guard of the United 
States, 16,000. 
(6) The Air Force Reserve, 14,000. 
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SEC. 416. ADDITIONAL WAIVER AUTHORITY OF LIMITATION 
ON NUMBER OF RESERVE COMPONENT MEM-
BERS AUTHORIZED TO BE ON ACTIVE DUTY. 
(a) ADDITIONAL WAIVER AUTHORITY.—Subsection 
(a) of section 123a of title 10, United States Code, is 
amended— 
(1) by inserting ‘‘(1)’’ before ‘‘If at the end’’; 
and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) When a designation of a major disaster or emer-
gency (as those terms are defined in section 102 of the 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5122)) is in effect, the President may 
waive any statutory limit that would otherwise apply dur-
ing the period of the designation on the number of mem-
bers of a reserve component who are authorized to be on 
active duty under subparagraph (A) or (B) of section 
115(b)(1) of this title, if the President determines the 
waiver is necessary to provide assistance in responding to 
the major disaster or emergency.’’. 
(b) TERMINATION OF WAIVER.—Subsection (b) of 
such section is amended— 
(1) by striking the subsection heading and in-
serting the following: ‘‘TERMINATION OF WAIVER.— 
(1)’’; 
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(2) by striking ‘‘subsection (a)’’ and inserting 
‘‘subsection (a)(1)’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(2) A waiver granted under subsection (a)(2) shall 
terminate not later than 90 days after the date on which 
the designation of the major disaster or emergency that 
was the basis for the waiver expires.’’. 
(c) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such 
section is amended to read as follows: 
‘‘§ 123a. 
Suspension 
of 
end-strength 
and 
other 
strength limitations in time of war or na-
tional emergency’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 3 of such title is amend-
ed by striking the item relating to section 123a and 
inserting the following new item: 
‘‘123a. Suspension of end-strength and other strength limitations in time of war 
or national emergency.’’. 
Subtitle C—Authorization of 
Appropriations 
SEC. 421. MILITARY PERSONNEL. 
There is hereby authorized to be appropriated to the 
Department of Defense for military personnel for fiscal 
year 2009 a total of $124,659,768,000. The authorization 
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in the preceding sentence supersedes any other authoriza-
tion of appropriations (definite or indefinite) for such pur-
pose for fiscal year 2009. 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel Policy Generally 
Sec. 501. Mandatory separation requirements for regular warrant officers for 
length of service. 
Sec. 502. Requirements for issuance of posthumous commissions and warrants. 
Sec. 503. Extension of authority to reduce minimum length of active service re-
quired for voluntary retirement as an officer. 
Sec. 504. Increase in authorized number of general officers on active duty in 
the Marine Corps. 
Subtitle B—Reserve Component Management 
Sec. 511. Extension to all military departments of authority to defer mandatory 
separation of military technicians (dual status). 
Sec. 512. Increase in authorized strengths for Marine Corps Reserve officers on 
active duty in the grades of major and lieutenant colonel to 
meet force structure requirements. 
Sec. 513. Clarification of authority to consider for a vacancy promotion Na-
tional Guard officers ordered to active duty in support of a 
contingency operation. 
Sec. 514. Increase in mandatory retirement age for certain Reserve officers. 
Sec. 515. Age limit for retention of certain Reserve officers on active-status list 
as exception to removal for years of commissioned service. 
Sec. 516. Authority to retain Reserve chaplains and officers in medical and re-
lated specialties until age 68. 
Sec. 517. Study and report regarding personnel movements in Marine Corps 
Individual Ready Reserve. 
Subtitle C—Joint Qualified Officers and Requirements 
Sec. 521. Joint duty requirements for promotion to general or flag officer. 
Sec. 522. Technical, conforming, and clerical changes to joint specialty termi-
nology. 
Sec. 523. Promotion policy objectives for Joint Qualified Officers. 
Sec. 524. Length of joint duty assignments. 
Sec. 525. Designation of general and flag officer positions on Joint Staff as po-
sitions to be held only by reserve component officers. 
Sec. 526. Treatment of certain service as joint duty experience. 
Subtitle D—General Service Authorities 
Sec. 531. Increase in authorized maximum reenlistment term. 
Sec. 532. Career intermission pilot program. 
Subtitle E—Education and Training 
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Sec. 541. Repeal of prohibition on phased increase in midshipmen and cadet 
strength limit at United States Naval Academy and Air Force 
Academy. 
Sec. 542. Promotion of foreign and cultural exchange activities at military serv-
ice academies. 
Sec. 543. Compensation for civilian President of Naval Postgraduate School. 
Sec. 544. Increased authority to enroll defense industry employees in defense 
product development program. 
Sec. 545. Requirement of completion of service under honorable conditions for 
purposes of entitlement to educational assistance for reserve 
components members supporting contingency operations. 
Sec. 546. Consistent education loan repayment authority for health profes-
sionals in regular components and Selected Reserve. 
Sec. 547. Increase in number of units of Junior Reserve Officers’ Training 
Corps. 
Sec. 548. Correction of erroneous Army College Fund benefit amounts. 
Sec. 549. Expanded authority for institutions of professional military education 
to award degrees. 
Sec. 550. Enhancing education partnerships to improve accessibility and flexi-
bility for members of the Armed Forces. 
Subtitle F—Military Justice 
Sec. 551. Grade of Staff Judge Advocate to the Commandant of the Marine 
Corps. 
Sec. 552. Standing military protection order. 
Sec. 553. Mandatory notification of issuance of military protective order to ci-
vilian law enforcement. 
Sec. 554. Implementation of information database on sexual assault incidents 
in the Armed Forces. 
Subtitle G—Decorations, Awards, and Honorary Promotions 
Sec. 561. Replacement of military decorations. 
Sec. 562. Authorization and request for award of Medal of Honor to Richard 
L. Etchberger for acts of valor during the Vietnam War. 
Sec. 563. Advancement of Brigadier General Charles E. Yeager, United States 
Air Force (retired), on the retired list. 
Sec. 564. Advancement of Rear Admiral Wayne E. Meyer, United States Navy 
(retired), on the retired list. 
Sec. 565. Award of Vietnam Service Medal to veterans who participated in Ma-
yaguez rescue operation. 
Sec. 566. Retroactive award of Army Combat Action Badge. 
Subtitle H—Impact Aid 
Sec. 571. Continuation of authority to assist local educational agencies that 
benefit dependents of members of the Armed Forces and De-
partment of Defense civilian employees. 
Sec. 572. Calculation of payments under Department of Education’s Impact 
Aid program. 
Subtitle I—Military Families 
Sec. 581. Presentation of burial flag. 
Sec. 582. Education and training opportunities for military spouses. 
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Sec. 583. Sense of the Congress regarding honor guard details for funerals of 
veterans. 
Subtitle J—Other Matters 
Sec. 591. Inclusion of Reserves in providing Federal aid for State governments, 
enforcing Federal authority, and responding to major public 
emergencies. 
Sec. 592. Interest payments on certain claims arising from correction of mili-
tary records. 
Sec. 593. Extension of limitation on reductions of personnel of agencies respon-
sible for review and correction of military records. 
Sec. 594. Authority to order Reserve units to active duty to provide assistance 
in response to a major disaster or emergency. 
Sec. 595. Senior Military Leadership Diversity Commission. 
Sec. 596. Limitation on simultaneous deployment to combat zones of dual-mili-
tary couples who have minor dependents. 
Sec. 597. Additional funds to carry out funeral honor functions at funerals for 
veterans. 
Subtitle A—Officer Personnel 
Policy Generally 
SEC. 501. MANDATORY SEPARATION REQUIREMENTS FOR 
REGULAR WARRANT OFFICERS FOR LENGTH 
OF SERVICE. 
Section 1305(a) of title 10, United States Code, is 
amended— 
(1) by striking ‘‘A regular warrant officer who 
has at least 30 years of active service as a warrant 
officer that could be credited to him’’ and inserting 
‘‘(1) A regular warrant officer (other than a regular 
Army warrant officer) who has at least 30 years of 
active service that could be credited to the officer’’; 
and 
(2) by adding at the end the following new 
paragraph: 
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‘‘(2) In the case of a regular Army warrant officer, 
the calculation of years of active service under paragraph 
(1) shall include only years of active service as a warrant 
officer.’’. 
SEC. 502. REQUIREMENTS FOR ISSUANCE OF POSTHUMOUS 
COMMISSIONS AND WARRANTS. 
(a) POSTHUMOUS COMMISSIONS.—Section 1521 of 
title 10, United States Code, is amended— 
(1) in subsection (a), by striking ‘‘in line of 
duty’’ each place it appears; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) A commission issued under subsection (a) in con-
nection with the promotion of a deceased member to a 
higher commissioned grade shall require certification by 
the Secretary concerned that, at the time of death of the 
member, the member was qualified for appointment to 
that higher grade.’’. 
(b) POSTHUMOUS WARRANTS.—Section 1522(a) of 
such title is amended— 
(1) by striking ‘‘in line of duty’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) A warrant issued under subsection (a) in connec-
tion with the promotion of a deceased member to a higher 
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grade shall require a finding by the Secretary of the mili-
tary department concerned that, at the time of death of 
the member, the member was qualified for appointment 
to that higher grade.’’. 
SEC. 503. EXTENSION OF AUTHORITY TO REDUCE MINIMUM 
LENGTH OF ACTIVE SERVICE REQUIRED FOR 
VOLUNTARY RETIREMENT AS AN OFFICER. 
(a) ARMY.—Section 3911(b)(2) of title 10, United 
States Code, is amended by inserting after ‘‘December 31, 
2008,’’ the following: ‘‘and again during the one-year pe-
riod beginning on October 1, 2013,’’. 
(b) 
NAVY
AND
MARINE
CORPS.—Section 
6323(a)(2)(B) of such title is amended by inserting after 
‘‘December 31, 2008,’’ the following: ‘‘and again during 
the one-year period beginning on October 1, 2013,’’. 
(c) AIR FORCE.—Section 8911(b)(2) of such title is 
amended by inserting after ‘‘December 31, 2008,’’ the fol-
lowing: ‘‘and again during the one-year period beginning 
on October 1, 2013,’’. 
SEC. 504. INCREASE IN AUTHORIZED NUMBER OF GENERAL 
OFFICERS ON ACTIVE DUTY IN THE MARINE 
CORPS. 
(a) INCREASE.—Section 526(a)(4) of title 10, United 
States Code, is amended by striking ‘‘80’’ and inserting 
‘‘81’’. 
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(b) CONFORMING AMENDMENTS REGARDING DIS-
TRIBUTION
OF MARINE GENERAL OFFICERS.—Section 
525 of such title is amended— 
(1) in the first sentence of subsection (a), by 
striking ‘‘that armed force’’ and inserting ‘‘the Army 
or Air Force, or more than 51 percent of the general 
officers of the Marine Corps,’’; and 
(2) in subsection (b)(2)(B), by striking ‘‘17.5 
percent’’ and inserting ‘‘19 percent’’. 
Subtitle B—Reserve Component 
Management 
SEC. 511. EXTENSION TO ALL MILITARY DEPARTMENTS OF 
AUTHORITY TO DEFER MANDATORY SEPARA-
TION OF MILITARY TECHNICIANS (DUAL STA-
TUS). 
Section 10216(f) of title 10, United States Code, is 
amended by striking ‘‘Secretary of the Army’’ and insert-
ing ‘‘Secretary concerned’’. 
SEC. 512. INCREASE IN AUTHORIZED STRENGTHS FOR MA-
RINE CORPS RESERVE OFFICERS ON ACTIVE 
DUTY IN THE GRADES OF MAJOR AND LIEU-
TENANT COLONEL TO MEET FORCE STRUC-
TURE REQUIREMENTS. 
The table in section 12011(a) of title 10, United 
States Code, relating to the number of officers of a reserve 
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component who may be serving in certain grades given the 
total number of members of that reserve component serv-
ing on full-time reserve component duty, is amended by 
striking the portion of the table relating to the Marine 
Corps Reserve and inserting the following: 
‘‘Marine Corps Re-
serve: 
Major 
Lieutenant Colonel 
Colonel 
1,100 ......... 
1,200 ......... 
103 
1,300 ......... 
107 
1,400 ......... 
111 
1,500 ......... 
114 
1,600 ......... 
117 
1,700 ......... 
120 
1,800 ......... 
123 
1,900 ......... 
126 
2,000 ......... 
129 
2,100 ......... 
132 
2,200 ......... 
134 
2,300 ......... 
136 
2,400 ......... 
138 
101 
2,500 ......... 
140 
103 
2,600 ......... 
142 
105 
35’’. 
SEC. 513. CLARIFICATION OF AUTHORITY TO CONSIDER 
FOR 
A 
VACANCY 
PROMOTION 
NATIONAL 
GUARD OFFICERS ORDERED TO ACTIVE DUTY 
IN SUPPORT OF A CONTINGENCY OPER-
ATION. 
(a) ADDITIONAL EXCEPTION.—Subsection (d) of sec-
tion 14317 of title 10, United States Code, is amended— 
(1) in the first sentence— 
(A) by striking ‘‘Except’’ and inserting 
‘‘(1) Except’’; 
(B) by striking ‘‘unless the officer is or-
dered’’ and inserting ‘‘unless the officer— 
‘‘(A) is ordered’’; 
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(C) by striking the period at the end and 
inserting ‘‘; or’’; and 
(D) by adding at the end the following new 
subparagraph: 
‘‘(B) has been ordered to or is serving on active 
duty in support of a contingency operation.’’; and 
(2) in the second sentence, by striking ‘‘If’’ and 
inserting the following: 
‘‘(2) If’’. 
(b) CONSIDERATION FOR PROMOTION BY EXAMINA-
TION FOR FEDERAL RECOGNITION.—Subsection (e)(1)(B) 
of such section is amended by inserting before the period 
at the end the following: ‘‘, or by examination for Federal 
recognition under title 32’’. 
SEC. 514. INCREASE IN MANDATORY RETIREMENT AGE FOR 
CERTAIN RESERVE OFFICERS. 
(a) SELECTIVE SERVICE AND PROPERTY AND FISCAL 
OFFICERS.—Section 12647 of title 10, United States 
Code, is amended by striking ‘‘60 years’’ and inserting 
‘‘62 years’’. 
(b) CERTAIN RESERVE OFFICERS IN GRADES OF 
MAJOR THROUGH BRIGADIER GENERAL.— 
(1) INCREASED AGE.—Section 14702(b) of such 
title is amended— 
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(A) in the subsection heading, by striking 
‘‘AT AGE 60’’ and inserting ‘‘FOR AGE’’; and 
(B) by striking ‘‘subsection (a)(1) or 
(a)(2).’’ and all that follows through the period 
at the end of the last sentence and inserting the 
following: ‘‘paragraph (1) or (2) of subsection 
(a). An officer described in paragraph (1) of 
such subsection may not be retained under this 
section after the last day of the month in which 
the officer becomes 62 years of age. An officer 
described in paragraph (2) of such subsection 
may not be retained under this section after the 
last day of the month in which the officer be-
comes 60 years of age.’’. 
(c) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of section 
14702 of such title is amended to read as follows: 
‘‘§ 14702. Retention on reserve active-status list of 
certain officers in the grade of major, 
lieutenant colonel, colonel, or brigadier 
general’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 1409 of such title is 
amended by striking the item relating to section 
14702 and inserting the following new item: 
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‘‘14702. Retention on reserve active-status list of certain officers in the grade 
of major, lieutenant colonel, colonel, or brigadier general.’’. 
SEC. 515. AGE LIMIT FOR RETENTION OF CERTAIN RE-
SERVE OFFICERS ON ACTIVE-STATUS LIST AS 
EXCEPTION TO REMOVAL FOR YEARS OF 
COMMISSIONED SERVICE. 
Section 14508 of title 10, United States Code, is 
amended— 
(1) by redesignating subsection (g) as sub-
section (h); and 
(2) by inserting after subsection (f) the fol-
lowing new subsection (g): 
‘‘(g) RETENTION OF LIEUTENANT GENERALS.—A 
reserve officer of the Army or Air Force in the grade of 
lieutenant general who would otherwise be removed from 
an active status under subsection (c) may, in the discre-
tion of the Secretary of the Army or the Secretary of the 
Air Force, as the case may be, be retained in an active 
status, but not later than the date on which the officer 
becomes 66 years of age.’’. 
SEC. 516. AUTHORITY TO RETAIN RESERVE CHAPLAINS 
AND OFFICERS IN MEDICAL AND RELATED 
SPECIALTIES UNTIL AGE 68. 
(a) RESERVE
CHAPLAINS
AND
MEDICAL
OFFI-
CERS.—Section 14703(b) of title 10, United States Code, 
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is amended by striking ‘‘67 years’’ and inserting ‘‘68 
years’’. 
(b) NATIONAL GUARD CHAPLAINS AND MEDICAL OF-
FICERS.—Section 324 of title 32, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(c) Notwithstanding subsection (a)(1), an officer of 
the National Guard serving as a chaplain, medical officer, 
dental officer, nurse, veterinarian, Medical Service Corps 
officer, or biomedical sciences officer may be retained, 
with the officer’s consent, until the date on which the offi-
cer becomes 68 years of age.’’. 
SEC. 517. STUDY AND REPORT REGARDING PERSONNEL 
MOVEMENTS IN MARINE CORPS INDIVIDUAL 
READY RESERVE. 
The Secretary of the Navy shall conduct a study to 
analyze the policies and procedures used by the Marine 
Corps Reserve during fiscal years 2001 through 2008 for 
the movement of personnel in and out of the Individual 
Ready Reserve. Not later than 90 days after the date of 
the enactment of this Act, the Secretary shall submit to 
the congressional defense committees a report containing 
the results of the study. 
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Subtitle C—Joint Qualified Officers 
and Requirements 
SEC. 521. JOINT DUTY REQUIREMENTS FOR PROMOTION TO 
GENERAL OR FLAG OFFICER. 
(a) IN GENERAL.—Section 619a of title 10, United 
States Code, is amended— 
(1) in subsection (a), by striking ‘‘unless—’’ 
and all that follows through ‘‘the joint specialty’’ 
and inserting ‘‘unless the officer has been designated 
as a Joint Qualified Officer’’; 
(2) in subsection (b)— 
(A) by striking ‘‘paragraph (1) or para-
graph (2) of subsection (a), or both paragraphs 
(1) and (2) of subsection (a),’’ in the matter 
preceding paragraph (1) and inserting ‘‘sub-
section (a)’’; and 
(B) in paragraph (4), by striking ‘‘within 
that immediate organization is not less than 
two years’’ and inserting ‘‘is not less than two 
years and the officer has successfully completed 
a program of education described in subsections 
(b) and (c) of section 2155 of this title’’; and 
(3) by striking subsection (h). 
(b) CLERICAL AMENDMENTS.— 
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(1) SECTION HEADING.—The heading of such 
section 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; ex-
ceptions.’’. 
SEC. 
522. 
TECHNICAL, 
CONFORMING, 
AND 
CLERICAL 
CHANGES 
TO 
JOINT 
SPECIALTY 
TERMI-
NOLOGY. 
(a) REFERENCE TO JOINT QUALIFIED OFFICER.— 
(1) IN
GENERAL.—Subsection (a) of section 
661 of title 10, United States Code, is amended in 
the second sentence by striking ‘‘in such manner as 
the Secretary of Defense directs’’ and inserting ‘‘as 
a Joint Qualified Officer or in such other manner as 
the Secretary of Defense directs’’. 
(2) SECTION HEADING.—The heading of such 
section is amended to read as follows: 
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‘‘§ 661. Management policies for Joint Qualified Offi-
cers’’. 
(3) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 38 of such title is 
amended by striking the item related to section 661 
and inserting the following new item: 
‘‘661. Management policies for Joint Qualified Officers.’’. 
(b) JOINT DUTY ASSIGNMENTS AFTER COMPLETION 
OF JOINT PROFESSIONAL MILITARY EDUCATION.—Sec-
tion 663 of title 10, United States Code, is amended— 
(1) in subsection (a)— 
(A) in the subsection heading, by striking 
‘‘JOINT
SPECIALTY’’ and inserting ‘‘JOINT 
QUALIFIED’’; and 
(B) by striking ‘‘with the joint specialty’’ 
and inserting ‘‘designated as a Joint Qualified 
Officer’’; and 
(2) in subsection (b)(1), by striking ‘‘do not 
have the joint specialty’’ and inserting ‘‘are not des-
ignated as a Joint Qualified Officer’’. 
(c) PROCEDURES
FOR MONITORING CAREERS
OF 
JOINT QUALIFIED OFFICERS.— 
(1) IN GENERAL.—Section 665 of such title is 
amended— 
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(A) in subsection (a)(1)(A), by striking 
‘‘with the joint specialty’’ and inserting ‘‘des-
ignated as a Joint Qualified Officer’’; and 
(B) in subsection (b)(1), by striking ‘‘with 
the joint specialty’’ and inserting ‘‘designated 
as a Joint Qualified Officer’’. 
(2) SECTION HEADING.—The heading of such 
section is amended to read as follows: 
‘‘§ 665. Procedures for monitoring careers of Joint 
Qualified Officers’’. 
(3) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 38 of such title is 
amended by striking the item related to section 665 
and inserting the following new item: 
‘‘665. Procedures for monitoring careers of Joint Qualified Officers.’’. 
(d) JOINT SPECIALTY TERMINOLOGY
IN ANNUAL 
REPORT.—Section 667 of title 10, United States Code, 
is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by striking ‘‘se-
lected for the joint specialty’’ and inserting 
‘‘designated as a Joint Qualified Officer’’; and 
(B) in subparagraph (B), by striking ‘‘se-
lection for the joint specialty’’ and inserting 
‘‘designation as a Joint Qualified Officer,’’; 
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‘‘(g) ACCRUED JOINT EXPERIENCE.—For the pur-
poses of subsection (f)(3), the Secretary of Defense may 
prescribe, by regulation, certain joint experience, such as 
temporary duty in joint assignments, joint individual 
training, and participation in joint exercises, that may be 
aggregated to equal a full tour of duty. The Secretary 
shall prescribe the regulations with the advice of the 
Chairman of the Joint Chiefs of Staff.’’. 
(e) CONSTRUCTIVE CREDIT.—Subsection (h) of such 
section is amended— 
(1) in paragraph (1), by striking ‘‘subsection 
(f)(1), (f)(2), (f)(4), or (g)(2)’’ and inserting ‘‘para-
graphs (1), (2), and (4) of subsection (f)’’; and 
(2) by striking paragraph (3). 
(f) REPEAL OF JOINT DUTY CREDIT FOR CERTAIN 
JOINT TASK FORCE ASSIGNMENTS.—Such section is fur-
ther amended by striking subsection (i). 
SEC. 525. DESIGNATION OF GENERAL AND FLAG OFFICER 
POSITIONS ON JOINT STAFF AS POSITIONS 
TO BE HELD ONLY BY RESERVE COMPONENT 
OFFICERS. 
Section 526(b)(2)(A) of title 10, United States Code, 
is amended by striking ‘‘a general and flag officer posi-
tion’’ and inserting ‘‘up to three general and flag officer 
positions’’. 
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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 assign-
ment or promotion to any position designated by law as 
open to a National Guard general officer.’’. 
(b) ADJUTANTS
GENERAL
AND
SIMILAR
OFFI-
CERS.—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 adjutant general under the laws of such 
State, shall be treated as joint duty or joint duty experi-
ence for purposes of any provisions of law required such 
duty or experience as a condition of assignment or pro-
motion. 
(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 
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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 set-
ting forth the recommendations of the Chief of the Na-
tional Guard Bureau 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 De-
fense for purposes of the pursuit of joint careers by offi-
cers in the Armed Forces. Each report shall include, for 
the preceding year, the following: 
(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 
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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-
sponses to domestic emergencies among the United 
States Northern Command, the United States Pa-
cific 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 
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Chief of the National Guard Bureau may from time 
to time modify the memorandum of understanding 
under this subsection to address changes in cir-
cumstances and for such other purposes as the Com-
mander of the United States Northern Command, 
the Commander of the United States Pacific Com-
mand, and the Chief of the National Guard Bureau 
jointly consider appropriate. 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 
consultation with the Chief of the National Guard 
Bureau, shall conduct a review of the role of the De-
partment 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 
‘‘Transforming the National Guard and Re-
serves into a 21st-Century Operational Force’’; 
and 
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(B) comment on recommendation number 
2 under section II of the report described in 
subparagraph (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 
report 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 REEN-
LISTMENT BONUS.—Section 308(a)(2)(ii) of title 37, 
United States Code, is amended by striking ‘‘not to exceed 
six’’. 
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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 
subsection (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 
officers and 20 enlisted members of each armed force 
under the jurisdiction of the Secretary of a military de-
partment may be selected per year for participation in the 
program. 
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‘‘(c) MAXIMUM DURATION OF ABSENCE; RETURN TO 
ACTIVE DUTY.—(1) The period during which a member 
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 re-
leased from active duty under the program, a member par-
ticipating 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 Sec-
retary concerned to serve on active duty in a regular 
or reserve component, as determined by the Sec-
retary, for a period of not less than two months for 
every month of program participation following the 
member’s return 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 Sec-
retary concerned and be required to maintain the job spe-
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cialty qualifications the member held immediately before 
being released from active duty under the program. 
‘‘(3) The Secretary of Defense shall issue regulations 
specifying the guidelines regarding the conditions of re-
lease that must be considered and addressed in the agree-
ment required by this subsection. At a minimum, the Sec-
retary shall prescribe the procedures and standards to be 
used to instruct a member on the obligations to be as-
sumed 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 commis-
sioned 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 re-
main entitled to medical and dental care on the same basis 
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as the dependents of a member of the armed forces on 
active duty. 
‘‘(g) PROMOTION ELIGIBILITY.—(1) An officer par-
ticipating in the program shall not be eligible for consider-
ation 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 consider-
ation for promotion when officers of the same com-
petitive category, grade, and seniority are eligible for 
consideration. 
‘‘(2) An enlisted member participating in the pro-
gram is ineligible for consideration for promotion during 
the period 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 rea-
son 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 
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based on grade and years of service if the member re-
mained on active duty. 
‘‘(i) 
TRAVEL
AND
TRANSPORTATION
ALLOW-
ANCES.—(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 mem-
ber’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
BO-
NUSES.—While released from active duty under the pro-
gram, a member may not receive any special or incentive 
pay or bonus under chapter 5 of title 37 to which the 
member would otherwise be entitled. When the member 
returns to active duty after the period of participation in 
the program, the member shall receive all of the special 
and incentive pays that the member was receiving before 
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being released from active duty and for which the member 
remains qualified to receive upon the return to active duty. 
‘‘(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 
OFFICER’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 inserting after the item relating to section 708 the fol-
lowing new item: 
‘‘708a. Career intermission pilot program.’’. 
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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 
sentence. 
(b) AIR FORCE ACADEMY.—Section 9342(j)(1) of 
title 10, United States Code, is amended by striking the 
last sentence. 
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 
section 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 
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such persons contributes significantly to the development 
of foreign language, cross cultural interactions and under-
standing, and cultural immersion of cadets. 
‘‘(b) COSTS AND EXPENSES.—The Secretary may 
pay the travel, subsistence, and similar personal expenses 
of persons incurred to attend the Academy under sub-
section (a). 
‘‘(c) EFFECT OF ATTENDANCE.—Persons attending 
the Academy under subsection (a) are not considered to 
be students enrolled at the Academy and are in addition 
to persons receiving instruction at the Academy under sec-
tion 4344 or 4345 of this title. 
‘‘(d) SOURCE
OF FUNDS; LIMITATION.—(1) The 
Academy shall bear the costs of the attendance of persons 
under subsection (a) from funds appropriated for the 
Academy and from such additional funds as may be avail-
able to the 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 sup-
port of activities under this section may not exceed 
$40,000 during any fiscal year.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
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by inserting after the item relating to section 4345 
the following new item: 
‘‘4345a. Foreign and cultural exchange activities.’’. 
(b) NAVAL ACADEMY.— 
(1) IN
GENERAL.—Chapter 603 of title 10, 
United States Code, is amended by inserting after 
section 6957a the following new section: 
‘‘§ 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 
country to attend the Naval Academy for periods of not 
more than two weeks if the Secretary determines that the 
attendance of such persons contributes significantly to the 
development of foreign language, cross cultural inter-
actions and understanding, and cultural immersion of 
midshipmen. 
‘‘(b) COSTS AND EXPENSES.—The Secretary may 
pay the travel, subsistence, and similar personal expenses 
of persons incurred to attend the Naval Academy under 
subsection (a). 
‘‘(c) EFFECT OF ATTENDANCE.—Persons attending 
the Naval Academy under subsection (a) are not consid-
ered to be students enrolled at the Naval Academy and 
are in addition to persons receiving instruction at the 
Naval Academy under section 6957 or 6957a of this title. 
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‘‘(d) SOURCE
OF FUNDS; LIMITATION.—(1) The 
Naval Academy shall bear the costs of the attendance of 
persons under subsection (a) from funds appropriated for 
the Naval Academy and from such additional funds as 
may be available to the Naval Academy from a source, 
other than appropriated funds, to support cultural immer-
sion, regional awareness, or foreign language training ac-
tivities in connection with their attendence. 
‘‘(2) Expenditures from appropriated funds in sup-
port of activities under this section may not exceed 
$40,000 during 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 6957a 
the following new item: 
‘‘6957b. Foreign and cultural exchange activities.’’. 
(c) AIR FORCE ACADEMY.— 
(1) IN
GENERAL.—Chapter 903 of title 10, 
United States Code, is amended by inserting after 
section 9345 the following new section: 
‘‘§ 9345a. Foreign and cultural exchange activities 
‘‘(a) ATTENDANCE AUTHORIZED.—The Secretary of 
the Air Force may authorize the Air Force Academy to 
permit students, officers, and other representatives of a 
foreign country to attend the Air Force Academy for peri-
ods of not more than two weeks if the Secretary deter-
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mines that the attendance of such persons contributes sig-
nificantly to the development of foreign language, cross 
cultural interactions and understanding, and cultural im-
mersion of cadets. 
‘‘(b) COSTS AND EXPENSES.—The Secretary may 
pay the travel, subsistence, and similar personal expenses 
of persons incurred to attend the Air Force Academy 
under subsection (a). 
‘‘(c) EFFECT OF ATTENDANCE.—Persons attending 
the Air Force Academy under subsection (a) are not con-
sidered to be students enrolled at the Air Force Academy 
and are in addition to persons receiving instruction at the 
Air Force Academy under section 9344 or 9345 of this 
title. 
‘‘(d) SOURCE OF FUNDS; LIMITATION.—(1) The Air 
Force Academy shall bear the costs of the attendance of 
persons under subsection (a) from funds appropriated for 
the Air Force Academy and from such additional funds 
as may be available to the Air Force Academy from a 
source, other than appropriated funds, to support cultural 
immersion, regional awareness, or foreign language train-
ing activities in connection with their attendence. 
‘‘(2) Expenditures from appropriated funds in sup-
port of activities under this section may not exceed 
$40,000 during 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 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 
amended by adding at the end the following new sub-
section: 
‘‘(c)(1) If the individual holding the position of Presi-
dent of the Naval Postgraduate School is a civilian, the 
Secretary shall pay the individual such compensation for 
the individual’s service as President as the Secretary pre-
scribes, except that— 
‘‘(A) basic pay for the President may not ex-
ceed the rate of compensation authorized for posi-
tions in level I of the Executive Schedule under sec-
tion 5312 of title 5; and 
‘‘(B) total aggregate compensation for the 
President, including bonuses, awards, allowances, or 
other similar cash payments, may not exceed the 
total annual 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 sub-
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section to prescribe the salary and other related benefits 
for the position 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’’. 
SEC. 545. REQUIREMENT OF COMPLETION OF SERVICE 
UNDER HONORABLE CONDITIONS FOR PUR-
POSES OF ENTITLEMENT TO EDUCATIONAL 
ASSISTANCE FOR RESERVE COMPONENTS 
MEMBERS SUPPORTING CONTINGENCY OP-
ERATIONS. 
(a) REQUIREMENT OF HONORABLE SERVICE.—Sec-
tion 16164(a)(2) of title 10, United States Code, is 
amended by striking ‘‘other than dishonorable conditions’’ 
and inserting ‘‘honorable conditions’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment 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. 
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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 
maximum amount in effect for the same year under sub-
section (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 
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(2) during a time of national emergency when 
the Secretaries of the military departments deter-
mine that funding must be allocated elsewhere. 
(c) COOPERATION.—The Secretary of Defense, as 
part of the plan to establish and support additional Junior 
Reserve Officers’ Training Corps units, shall work with 
local educational agencies to increase the employment in 
Junior Reserve Officers’ Training Corps units of retired 
members of the Armed Forces who are retired under chap-
ter 61 of title 10, United States Code, especially members 
who were wounded or injured while deployed in a contin-
gency operation. 
(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 serv-
ice. 
(2) The annual funding necessary to support 
the increase in units, including the personnel costs 
associated. 
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HR 5658 PCS 
(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 distribu-
tion 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 opportuni-
ties for qualified former military members retired for 
disability, especially those wounded while deployed in 
a contingency operation. 
(e) TIME
FOR SUBMISSION.—The plan required 
under subsection (a), along with the report required by 
subsection (d), shall be submitted to the congressional de-
fense committees not later than March 31, 2009. The Sec-
retary of Defense shall submit an up-dated report annu-
ally thereafter until the number of units of the Junior Re-
serve Officers’ Training Corps specified in subsection (a) 
is achieved. 
(f) ADDITIONAL CURRICULUM ELEMENT.—The Sec-
retary of each military department shall develop and im-
plement a segment of the Junior Reserve Officers’ Train-
ing Corps curriculum that includes the contribution and 
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defense historiography of gender and ethnic specific 
groups. 
SEC. 548. CORRECTION OF ERRONEOUS ARMY COLLEGE 
FUND BENEFIT AMOUNTS. 
(a) CORRECTION AND PAYMENT AUTHORITY.—Dur-
ing the period beginning on January 1, 2009, and ending 
on June 30, 2009, the Secretary of the Army may— 
(1) consider, through the Army Board for the 
Correction of Military Records, a request for the 
correction of military records relating to the amount 
of the Army College Fund benefit to which a mem-
ber or former member of the Armed Forces may be 
entitled under an Army Incentive Program contract; 
and 
(2) pay such amounts as the Secretary con-
siders necessary to ensure fairness and equity with 
regard to the request if the Secretary determines 
that the correction of the records is appropriate. 
(b) EXCEPTION TO PAYMENT LIMITS.—A payment 
under subsection (a)(2) may be made without regard to 
any limits on the total combined amounts established for 
the Army College Fund and the Montgomery G.I. Bill. 
(c) FUNDING SOURCE.—Payments under subsection 
(a)(2) shall be made solely from funds appropriated for 
military personnel programs for fiscal year 2009. 
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HR 5658 PCS 
SEC. 549. EXPANDED AUTHORITY FOR INSTITUTIONS OF 
PROFESSIONAL MILITARY EDUCATION TO 
AWARD DEGREES. 
(a) NATIONAL
DEFENSE
INTELLIGENCE
COL-
LEGE.— 
(1) IN
GENERAL.—Section 2161 of title 10, 
United States Code, is amended to read as follows: 
‘‘§ 2161. Degree granting authority for National De-
fense Intelligence College 
‘‘(a) AUTHORITY.—Under regulations prescribed by 
the Secretary of Defense, the President of the National 
Defense Intelligence College may, upon the recommenda-
tion of the faculty of the National Defense Intelligence 
College, confer appropriate degrees upon graduates who 
meet the degree requirements. 
‘‘(b) LIMITATION.—A degree may not be conferred 
under this section unless— 
‘‘(1) the Secretary of Education has rec-
ommended approval of the degree in accordance with 
the Federal Policy Governing Granting of Academic 
Degrees by Federal Agencies; and 
‘‘(2) the curriculum leading to that degree is 
accredited by the appropriate civilian academic ac-
crediting agency or organization, as determined by 
the Secretary of Education. 
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‘‘(c) 
CONGRESSIONAL
NOTIFICATION
REQUIRE-
MENTS.—(1) When seeking to establish degree granting 
authority under this section, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives— 
‘‘(A) a copy of the self assessment question-
naire required by the Federal Policy Governing 
Granting of Academic Degrees by Federal Agencies, 
at the time the assessment is submitted to the De-
partment of Education’s National Advisory Com-
mittee on Institutional Quality and Integrity; and 
‘‘(B) the subsequent recommendations and ra-
tionale of the Secretary of Education regarding the 
establishment of the degree granting authority. 
‘‘(2) Upon any modification, redesignation or termi-
nation of existing degree granting authority, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a report 
containing the rationale for the proposed modification, re-
designation or termination and any subsequent rec-
ommendation of the Secretary of Education on the pro-
posed modification, redesignation or termination. 
‘‘(3) The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House 
of Representatives a report containing an explanation of 
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HR 5658 PCS 
any action by the appropriate academic accrediting agency 
or organization not to accredit the curriculum leading to 
any new or existing degree.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 108 of such title 
is amended by striking the item relating to section 
2161 and inserting the following new item: 
‘‘2161. Degree granting authority for National Defense Intelligence College.’’. 
(b) NATIONAL DEFENSE UNIVERSITY.— 
(1) IN GENERAL.—Section 2163 of such title is 
amended to read as follows: 
‘‘§ 2163. Degree granting authority for National De-
fense University 
‘‘(a) AUTHORITY.—Under regulations prescribed by 
the Secretary of Defense, the President of the National 
Defense University may, upon the recommendation of the 
faculty of the National Defense University, confer appro-
priate degrees upon graduates who meet the degree re-
quirements. 
‘‘(b) LIMITATION.—A degree may not be conferred 
under this section unless— 
‘‘(1) the Secretary of Education has rec-
ommended approval of the degree in accordance with 
the Federal Policy Governing Granting of Academic 
Degrees by Federal Agencies; and 
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‘‘(2) the curriculum leading to that degree is 
accredited by the appropriate civilian academic ac-
crediting agency or organization, as determined by 
the Secretary of Education. 
‘‘(c) 
CONGRESSIONAL
NOTIFICATION
REQUIRE-
MENTS.—(1) When seeking to establish degree granting 
authority under this section, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives— 
‘‘(A) a copy of the self assessment question-
naire required by the Federal Policy Governing 
Granting of Academic Degrees by Federal Agencies, 
at the time the assessment is submitted to the De-
partment of Education’s National Advisory Com-
mittee on Institutional Quality and Integrity; and 
‘‘(B) the subsequent recommendations and ra-
tionale of the Secretary of Education regarding the 
establishment of the degree granting authority. 
‘‘(2) Upon any modification, redesignation or termi-
nation of existing degree granting authority, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a report 
containing the rationale for the proposed modification, re-
designation or termination and any subsequent rec-
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HR 5658 PCS 
ommendation of the Secretary of Education on the pro-
posed modification, redesignation or termination. 
‘‘(3) The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House 
of Representatives a report containing an explanation of 
any action by the appropriate academic accrediting agency 
or organization not to accredit the curriculum leading to 
any new or existing degree.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 108 of such title 
is amended by striking the item relating to section 
2163 and inserting the following new item: 
‘‘2163. Degree granting authority for National Defense University.’’. 
(c) UNITED STATES ARMY COMMAND AND GENERAL 
STAFF COLLEGE.— 
(1) IN GENERAL.—Section 4314 of such title is 
amended to read as follows: 
‘‘§ 4314. Degree granting authority for United States 
Army Command and General Staff Col-
lege 
‘‘(a) AUTHORITY.—Under regulations prescribed by 
the Secretary of the Army, the Commandant of the United 
States Army Command and General Staff College may, 
upon the recommendation of the faculty and dean of the 
college, confer appropriate degrees upon graduates who 
meet the degree requirements. 
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‘‘(b) LIMITATION.—A degree may not be conferred 
under this section unless— 
‘‘(1) the Secretary of Education has rec-
ommended approval of the degree in accordance with 
the Federal Policy Governing Granting of Academic 
Degrees by Federal Agencies; and 
‘‘(2) the curriculum leading to that degree is 
accredited by the appropriate civilian academic ac-
crediting agency or organization, as determined by 
the Secretary of Education. 
‘‘(c) 
CONGRESSIONAL
NOTIFICATION
REQUIRE-
MENTS.—(1) When seeking to establish degree granting 
authority under this section, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives— 
‘‘(A) a copy of the self assessment question-
naire required by the Federal Policy Governing 
Granting of Academic Degrees by Federal Agencies, 
at the time the assessment is submitted to the De-
partment of Education’s National Advisory Com-
mittee on Institutional Quality and Integrity; and 
‘‘(B) the subsequent recommendations and ra-
tionale of the Secretary of Education regarding the 
establishment of the degree granting authority. 
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HR 5658 PCS 
‘‘(2) Upon any modification, redesignation or termi-
nation of existing degree granting authority, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a report 
containing the rationale for the proposed modification, re-
designation or termination and any subsequent rec-
ommendation of the Secretary of Education on the pro-
posed modification, redesignation or termination. 
‘‘(3) The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House 
of Representatives a report containing an explanation of 
any action by the appropriate academic accrediting agency 
or organization not to accredit the curriculum leading to 
any new or existing degree.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 401 of such title 
is amended by striking the item relating to section 
4314 and inserting the following new item: 
‘‘4314. Degree granting authority for United States Army Command and Gen-
eral Staff College.’’. 
(d) UNITED STATES ARMY WAR COLLEGE.— 
(1) IN
GENERAL.—Section 4321 of title 10, 
United States Code, is amended to read as follows: 
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HR 5658 PCS 
‘‘§ 4321. Degree granting authority for United States 
Army War College 
‘‘(a) AUTHORITY.—Under regulations prescribed by 
the Secretary of the Army, the Commandant of the United 
States Army War College may, upon the recommendation 
of the faculty and dean of the college, confer appropriate 
degrees upon graduates who meet the degree require-
ments. 
‘‘(b) LIMITATION.—A degree may not be conferred 
under this section unless— 
‘‘(1) the Secretary of Education has rec-
ommended approval of the degree in accordance with 
the Federal Policy Governing Granting of Academic 
Degrees by Federal Agencies; and 
‘‘(2) the curriculum leading to that degree is 
accredited by the appropriate civilian academic ac-
crediting agency or organization, as determined by 
the Secretary of Education. 
‘‘(c) 
CONGRESSIONAL
NOTIFICATION
REQUIRE-
MENTS.—(1) When seeking to establish degree granting 
authority under this section, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives— 
‘‘(A) a copy of the self assessment question-
naire required by the Federal Policy Governing 
Granting of Academic Degrees by Federal Agencies, 
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at the time the assessment is submitted to the De-
partment of Education’s National Advisory Com-
mittee on Institutional Quality and Integrity; and 
‘‘(B) the subsequent recommendations and ra-
tionale of the Secretary of Education regarding the 
establishment of the degree granting authority. 
‘‘(2) Upon any modification, redesignation or termi-
nation of existing degree granting authority, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a report 
containing the rationale for the proposed modification, re-
designation or termination and any subsequent rec-
ommendation of the Secretary of Education on the pro-
posed modification, redesignation or termination. 
‘‘(3) The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House 
of Representatives a report containing an explanation of 
any action by the appropriate academic accrediting agency 
or organization not to accredit the curriculum leading to 
any new or existing degree.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 401 of such title 
is amended by striking the item relating to section 
4321 and inserting the following new item: 
‘‘4321. Degree granting authority for United States Army War College.’’. 
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HR 5658 PCS 
(e) 
UNITED
STATES
NAVAL
POSTGRADUATE 
SCHOOL.— 
(1) IN GENERAL.—Section 7048 of such title is 
amended to read as follows: 
‘‘§ 7048. Degree granting authority for United States 
Naval Postgraduate School 
‘‘(a) AUTHORITY.—Under regulations prescribed by 
the Secretary of the Navy, the President of the Naval 
Postgraduate School may, upon the recommendation of 
the faculty of the Naval Postgraduate School, confer ap-
propriate degrees upon graduates who meet the degree re-
quirements. 
‘‘(b) LIMITATION.—A degree may not be conferred 
under this section unless— 
‘‘(1) the Secretary of Education has rec-
ommended approval of the degree in accordance with 
the Federal Policy Governing Granting of Academic 
Degrees by Federal Agencies; and 
‘‘(2) the curriculum leading to that degree is 
accredited by the appropriate civilian academic ac-
crediting agency or organization, as determined by 
the Secretary of Education. 
‘‘(c) 
CONGRESSIONAL
NOTIFICATION
REQUIRE-
MENTS.—(1) When seeking to establish degree granting 
authority under this section, the Secretary of Defense 
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shall submit to the Committees on Armed Services of the 
Senate and House of Representatives— 
‘‘(A) a copy of the self assessment question-
naire required by the Federal Policy Governing 
Granting of Academic Degrees by Federal Agencies, 
at the time the assessment is submitted to the De-
partment of Education’s National Advisory Com-
mittee on Institutional Quality and Integrity; and 
‘‘(B) the subsequent recommendations and ra-
tionale of the Secretary of Education regarding the 
establishment of the degree granting authority. 
‘‘(2) Upon any modification, redesignation or termi-
nation of existing degree granting authority, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a report 
containing the rationale for the proposed modification, re-
designation or termination and any subsequent rec-
ommendation of the Secretary of Education on the pro-
posed modification, redesignation or termination. 
‘‘(3) The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House 
of Representatives a report containing an explanation of 
any action by the appropriate academic accrediting agency 
or organization not to accredit the curriculum leading to 
any new or existing degree.’’. 
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HR 5658 PCS 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 605 of such title 
is amended by striking the item relating to section 
7048 and inserting the following new item: 
‘‘7048. Degree granting authority for United States Naval Postgraduate 
School.’’. 
(f) NAVAL WAR COLLEGE.— 
(1) IN GENERAL.—Section 7101 of such title is 
amended to read as follows: 
‘‘§ 7101. Degree granting authority for Naval War Col-
lege 
‘‘(a) AUTHORITY.—Under regulations prescribed by 
the Secretary of the Navy, the President of the Naval War 
College may, upon the recommendation of the faculty of 
the Naval War College components, confer appropriate de-
grees upon graduates who meet the degree requirements. 
‘‘(b) LIMITATION.—A degree may not be conferred 
under this section unless— 
‘‘(1) the Secretary of Education has rec-
ommended approval of the degree in accordance with 
the Federal Policy Governing Granting of Academic 
Degrees by Federal Agencies; and 
‘‘(2) the curriculum leading to that degree is 
accredited by the appropriate civilian academic ac-
crediting agency or organization, as determined by 
the Secretary of Education. 
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HR 5658 PCS 
‘‘(c) 
CONGRESSIONAL
NOTIFICATION
REQUIRE-
MENTS.—(1) When seeking to establish degree granting 
authority under this section, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives— 
‘‘(A) a copy of the self assessment question-
naire required by the Federal Policy Governing 
Granting of Academic Degrees by Federal Agencies, 
at the time the assessment is submitted to the De-
partment of Education’s National Advisory Com-
mittee on Institutional Quality and Integrity; and 
‘‘(B) the subsequent recommendations and ra-
tionale of the Secretary of Education regarding the 
establishment of the degree granting authority. 
‘‘(2) Upon any modification, redesignation or termi-
nation of existing degree granting authority, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a report 
containing the rationale for the proposed modification, re-
designation or termination and any subsequent rec-
ommendation of the Secretary of Education on the pro-
posed modification, redesignation or termination. 
‘‘(3) The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House 
of Representatives a report containing an explanation of 
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HR 5658 PCS 
any action by the appropriate academic accrediting agency 
or organization not to accredit the curriculum leading to 
any new or existing degree.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 609 of such title 
is amended by striking the item relating to section 
7101 and inserting the following new item: 
‘‘7101. Degree granting authority for Naval War College.’’. 
(g) MARINE CORPS UNIVERSITY.— 
(1) IN GENERAL.—Section 7102 of such title is 
amended to read as follows: 
‘‘§ 7102. Degree granting authority for Marine Corps 
University 
‘‘(a) AUTHORITY.—Under regulations prescribed by 
the Secretary of the Navy, the President of the Marine 
Corps University may, upon the recommendation of the 
directors and faculty of the Marine Corps University, con-
fer appropriate degrees upon graduates who meet the de-
gree requirements. 
‘‘(b) LIMITATION.—A degree may not be conferred 
under this section unless— 
‘‘(1) the Secretary of Education has rec-
ommended approval of the degree in accordance with 
the Federal Policy Governing Granting of Academic 
Degrees by Federal Agencies; and 
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‘‘(2) the curriculum leading to that degree is 
accredited by the appropriate civilian academic ac-
crediting agency or organization, as determined by 
the Secretary of Education. 
‘‘(c) 
CONGRESSIONAL
NOTIFICATION
REQUIRE-
MENTS.—(1) When seeking to establish degree granting 
authority under this section, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives— 
‘‘(A) a copy of the self assessment question-
naire required by the Federal Policy Governing 
Granting of Academic Degrees by Federal Agencies, 
at the time the assessment is submitted to the De-
partment of Education’s National Advisory Com-
mittee on Institutional Quality and Integrity; and 
‘‘(B) the subsequent recommendations and ra-
tionale of the Secretary of Education regarding the 
establishment of the degree granting authority. 
‘‘(2) Upon any modification, redesignation or termi-
nation of existing degree granting authority, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a report 
containing the rationale for the proposed modification, re-
designation or termination and any subsequent rec-
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204 
HR 5658 PCS 
ommendation of the Secretary of Education on the pro-
posed modification, redesignation or termination. 
‘‘(3) The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House 
of Representatives a report containing an explanation of 
any action by the appropriate academic accrediting agency 
or organization not to accredit the curriculum leading to 
any new or existing degree. 
‘‘(d) BOARD OF ADVISORS.—The Secretary of the 
Navy shall establish a board of advisors for the Marine 
Corps University. The Secretary shall ensure that the 
board is established so as to meet all requirements of the 
appropriate regional accrediting association.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 609 of such title 
is amended by striking the item relating to section 
7102 and inserting the following new item: 
‘‘7102. Degree granting authority for Marine Corps University.’’. 
(h) UNITED STATES AIR FORCE INSTITUTE
OF 
TECHNOLOGY.— 
(1) IN GENERAL.—Section 9314 of such title is 
amended to read as follows: 
‘‘§ 9314. Degree granting authority for United States 
Air Force Institute of Technology 
‘‘(a) AUTHORITY.—Under regulations prescribed by 
the Secretary of the Air Force, the commander of Air Uni-
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205 
HR 5658 PCS 
versity may, upon the recommendation of the faculty of 
the United States Air Force Institute of Technology, con-
fer appropriate degrees upon graduates of the United 
States Air Force Institute of Technology who meet the 
degree requirements. 
‘‘(b) LIMITATION.—A degree may not be conferred 
under this section unless— 
‘‘(1) the Secretary of Education has rec-
ommended approval of the degree in accordance with 
the Federal Policy Governing Granting of Academic 
Degrees by Federal Agencies; and 
‘‘(2) the curriculum leading to that degree is 
accredited by the appropriate civilian academic ac-
crediting agency or organization, as determined by 
the Secretary of Education. 
‘‘(c) 
CONGRESSIONAL
NOTIFICATION
REQUIRE-
MENTS.—(1) When seeking to establish degree granting 
authority under this section, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives— 
‘‘(A) a copy of the self assessment question-
naire required by the Federal Policy Governing 
Granting of Academic Degrees by Federal Agencies, 
at the time the assessment is submitted to the De-
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206 
HR 5658 PCS 
partment of Education’s National Advisory Com-
mittee on Institutional Quality and Integrity; and 
‘‘(B) the subsequent recommendations and ra-
tionale of the Secretary of Education regarding the 
establishment of the degree granting authority. 
‘‘(2) Upon any modification, redesignation or termi-
nation of existing degree granting authority, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a report 
containing the rationale for the proposed modification, re-
designation or termination and any subsequent rec-
ommendation of the Secretary of Education on the pro-
posed modification, redesignation or termination. 
‘‘(3) The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House 
of Representatives a report containing an explanation of 
any action by the appropriate academic accrediting agency 
or organization not to accredit the curriculum leading to 
any new or existing degree. 
‘‘(d) CIVILIAN FACULTY.—(1) The Secretary of the 
Air Force may employ as many civilian faculty members 
at the United States Air Force Institute of Technology 
as is consistent with the needs of the Air Force and with 
Department of Defense personnel limits. 
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‘‘(2) The Secretary shall prescribe regulations deter-
mining— 
‘‘(A) titles and duties of civilian members of the 
faculty; and 
‘‘(B) pay of civilian members of the faculty, 
notwithstanding chapter 53 of title 5, but subject to 
the limitation set out in section 5373 of title 5. 
‘‘(e) REIMBURSEMENT.—(1) The Department of the 
Army, the Department of the Navy, and the Department 
of Homeland Security shall bear the cost of the instruction 
at the Air Force Institute of Technology that is received 
by members of the armed forces detailed for that instruc-
tion by the Secretaries of the Army, Navy, and Homeland 
Security, respectively. 
‘‘(2) Members of the Army, Navy, Marine Corps, and 
Coast Guard may only be detailed for instruction at the 
Institute on a space-available basis. 
‘‘(3) In the case of an enlisted member of the Army, 
Navy, Marine Corps, and Coast Guard permitted to re-
ceive instruction at the Institute, the Secretary of the Air 
Force shall charge that member only for such costs and 
fees as the Secretary considers appropriate (taking into 
consideration the admission of enlisted members on a 
space- available basis). 
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‘‘(f) ACCEPTANCE OF RESEARCH GRANTS.—(1) The 
Secretary of the Air Force may authorize the Com-
mandant of the United States Air Force Institute of Tech-
nology to accept qualifying research grants. Any such 
grant may only be accepted if the work under the grant 
is to be carried out by a professor or instructor of the 
Institute for a scientific, literary, or educational purpose. 
‘‘(2) A qualifying research grant under this sub-
section is a grant that is awarded on a competitive basis 
by an entity referred to in paragraph (3) for a research 
project with a scientific, literary, or educational purpose. 
‘‘(3) A grant may be accepted under this subsection 
only from a corporation, fund, foundation, educational in-
stitution, or similar entity that is organized and operated 
primarily for scientific, literary, or educational purposes. 
‘‘(4) The Secretary shall establish an account for ad-
ministering funds received as research grants under this 
section. The Commandant of the Institute shall use the 
funds in the account in accordance with applicable provi-
sions of the regulations and the terms and condition of 
the grants received. 
‘‘(5) Subject to such limitations as may be provided 
in appropriations Acts, appropriations available for the In-
stitute may be used to pay expenses incurred by the Insti-
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tute in applying for, and otherwise pursuing, the award 
of qualifying research grants. 
‘‘(6) The Secretary shall prescribe regulations for the 
administration of this subsection.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 901 of such title 
is amended by striking the item relating to section 
9314 and inserting the following new item: 
‘‘9314. Degree granting authority for United States Air Force Institute of Tech-
nology.’’. 
(i) AIR UNIVERSITY.— 
(1) IN GENERAL.—Section 9317 of such title is 
amended to read as follows: 
‘‘§ 9317. Degree granting authority for Air University 
‘‘(a) AUTHORITY.—Except as provided in sections 
9314 and 9315 of this title, under regulations prescribed 
by the Secretary of the Air Force, the commander of Air 
University may, upon the recommendation of the faculty 
of the Air University components, confer appropriate de-
grees upon graduates who meet the degree requirements. 
‘‘(b) LIMITATION.—A degree may not be conferred 
under this section unless— 
‘‘(1) the Secretary of Education has rec-
ommended approval of the degree in accordance with 
the Federal Policy Governing Granting of Academic 
Degrees by Federal Agencies; and 
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‘‘(2) the curriculum leading to that degree is 
accredited by the appropriate civilian academic ac-
crediting agency or organization, as determined by 
the Secretary of Education. 
‘‘(c) 
CONGRESSIONAL
NOTIFICATION
REQUIRE-
MENTS.—(1) When seeking to establish degree granting 
authority under this section, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives— 
‘‘(A) a copy of the self assessment question-
naire required by the Federal Policy Governing 
Granting of Academic Degrees by Federal Agencies, 
at the time the assessment is submitted to the De-
partment of Education’s National Advisory Com-
mittee on Institutional Quality and Integrity; and 
‘‘(B) the subsequent recommendations and ra-
tionale of the Secretary of Education regarding the 
establishment of the degree granting authority. 
‘‘(2) Upon any modification, redesignation or termi-
nation of existing degree granting authority, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a report 
containing the rationale for the proposed modification, re-
designation or termination and any subsequent rec-
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ommendation of the Secretary of Education on the pro-
posed modification, redesignation or termination. 
‘‘(3) The Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House 
of Representatives a report containing an explanation of 
any action by the appropriate academic accrediting agency 
or organization not to accredit the curriculum leading to 
any new or existing degree.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 901 of such title 
is amended by striking the item relating to section 
9317 and inserting the following new item: 
‘‘9317. Degree granting authority for Air University.’’. 
(j) EFFECTIVE DATE.—This section shall apply to 
any degree granting authority established, modified, redes-
ignated or terminated on or after the date of enactment 
of this Act. 
SEC. 550. ENHANCING EDUCATION PARTNERSHIPS TO IM-
PROVE ACCESSIBILITY AND FLEXIBILITY FOR 
MEMBERS OF THE ARMED FORCES. 
(a) AUTHORITY.—The Secretary of a military depart-
ment may enter into one or more education partnership 
agreements with educational institutions in the United 
States for the purpose of— 
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(1) developing plans to improve the accessibility 
and flexibility of college courses available to eligible 
members of the Armed Forces; 
(2) improving the application process for the 
Armed Forces tuition assistance programs and rais-
ing awareness regarding educational opportunities 
available to such members; 
(3) developing curriculum, distance education 
programs, and career counseling designed to meet 
the professional, financial, academic, and social 
needs of such members; and 
(4) assessing how resources may be applied 
more effectively to meet the educational needs of 
such members. 
(b) COST.—Except as provided in this section, execu-
tion of an education partnership agreement with an edu-
cational institution shall be at no cost to the Government. 
(c) EDUCATIONAL INSTITUTION DEFINED.—In this 
section, the term ‘‘educational institution’’ means an ac-
credited college, university, or technical school in the 
United States. 
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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 
following new sentence: ‘‘The Staff Judge Advocate to the 
Commandant of the Marine Corps, while so serving, has 
the grade of major general.’’. 
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 fol-
lowing 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.’’. 
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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: 
‘‘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 pro-
tective 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 civil-
ian law enforcement.’’. 
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SEC. 554. IMPLEMENTATION OF INFORMATION DATABASE 
ON SEXUAL ASSAULT INCIDENTS IN THE 
ARMED FORCES. 
(a) DATABASE REQUIRED.—The Secretary of De-
fense shall implement a centralized, case-level database for 
the collection, in a manner consistent with Department of 
Defense regulations for restricted reporting, and mainte-
nance of information regarding sexual assaults involving 
a member of the Armed Forces, including information, if 
available, about the nature of the assault, the victim, the 
offender, and the outcome of any legal proceedings in con-
nection with the assault. 
(b) AVAILABILITY
OF DATABASE.—The database 
shall be available to personnel of the Sexual Assault Pre-
vention and Response Office of the Department of De-
fense. 
(c) IMPLEMENTATION.— 
(1) PLAN
FOR
IMPLEMENTATION.—Not later 
than 90 days after the date of the enactment of this 
Act, the Secretary of Defense shall submit to the 
congressional defense committees a plan to provide 
for the implementation of the database. 
(2) COMPLETION.—Not later than 15 months 
after the date of enactment of this Act, the Sec-
retary shall complete implementation of the data-
base. 
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(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 
National 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); 
(3) section 532 of the John Warner National 
Defense Authorization Act for Fiscal Year 2007 
(Public Law 109–364); and 
(4) sections 4361, 6980, and 9361 of title 10, 
United States Code. 
(e) TERMINOLOGY.—Section 577(b) of the Ronald W. 
Reagan National Defense Authorization Act for Fiscal 
Year 2005 (Public Law 108–375) is amended by adding 
at the end the following new paragraph: 
‘‘(12) The Secretary shall implement clear, 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.’’. 
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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 authori-
ties available to the Secretary concerned to replace a mili-
tary 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.’’. 
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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 lim-
itations specified in section 8744 of title 10, United States 
Code, or any other time limitation with respect to the 
awarding of certain medals to persons who served in the 
Armed Forces, the President is authorized and requested 
to award the Medal of Honor under section 8741 of such 
title to former Chief Master Sergeant Richard L. 
Etchberger for the acts of valor during the Vietnam War 
described in subsection (b). 
(b) ACTS OF VALOR DESCRIBED.—The acts of valor 
referred to in subsection (a) are the actions of then Chief 
Master Sergeant Richard L. Etchberger as Ground Radar 
Superintendent of Detachment 1, 1043rd Radar Evalua-
tion 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 
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hold the rank of major general while on the retired list 
of the Air Force. 
(b) ADDITIONAL BENEFITS NOT TO ACCRUE.—The 
advancement of Charles E. Yeager on the retired list of 
the Air Force under subsection (a) shall not affect the re-
tired 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 bene-
fits to which any other person may become entitled based 
on his service. 
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 ad-
vice 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 
advancement 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. 
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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 ap-
plicable requirements for the award of that medal. Any 
such award shall be made in lieu of any Armed Forces 
Expeditionary Medal awarded the individual for the indi-
vidual’s participation in the Mayaguez rescue operation. 
(b) ELIGIBLE VETERAN.—For purposes of this sec-
tion, the term ‘‘eligible veteran’’ means a member or 
former member of the Armed Forces who was awarded 
the Armed Forces Expeditionary Medal for participation 
in military operations known as the Mayaguez rescue oper-
ation of May 12–15, 1975. 
SEC. 566. RETROACTIVE AWARD OF ARMY COMBAT ACTION 
BADGE. 
(a) AUTHORITY TO AWARD.—The Secretary of the 
Army may award the Army Combat Action Badge (estab-
lished by order of the Secretary of the Army through 
Headquarters, Department of the Army Letter 600–05– 
1, dated June 3, 2005) to a person who, while a member 
of the Army, participated in combat during which the per-
son personally engaged, or was personally engaged by, the 
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enemy at any time during the period beginning on Decem-
ber 7, 1941, and ending on September 18, 2001 (the date 
of the otherwise applicable limitation on retroactivity for 
the award of such decoration), if the Secretary determines 
that the person has not been previously recognized in an 
appropriate manner for such participation. 
(b) PROCUREMENT OF BADGE.—The Secretary of 
the Army may make arrangements with suppliers of the 
Army Combat Action Badge so that eligible recipients of 
the Army Combat Action Badge pursuant to subsection 
(a) may procure the badge directly from suppliers, thereby 
eliminating or at least substantially reducing administra-
tive costs for the Army to carry out this section. 
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 
activities, $50,000,000 shall be available only for the pur-
pose of providing assistance to local educational agencies 
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under subsection (a) of section 572 of the National De-
fense Authorization Act for Fiscal Year 2006 (Public Law 
109–163; 119 Stat. 3271; 20 U.S.C. 7703b). 
(b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT 
CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE 
CHANGES, OR FORCE RELOCATIONS.—Of the amount au-
thorized to be appropriated pursuant to section 301(5) for 
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 
meaning given that term in section 8013(9) of the Ele-
mentary 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 
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