‘‘(1) two times the number of officers serving on 
active duty at the end of the preceding fiscal year in 
the grade of general or admiral; and 
‘‘(2) the number of officers serving on active duty 
at the end of the preceding fiscal year in the grade 
of lieutenant general or vice admiral.’’; and 
(2) in subsection (b), by striking ‘‘Not more than 
300 enlisted members’’ and inserting ‘‘Not more than 
the lesser of 300 enlisted members or the number of 
enlisted members determined for a fiscal year under 
subsection (a)’’. 
(b) ANNUAL REPORT.—Such section is further amend-
ed by adding at the end the following new subsection: 
‘‘(c) Not later than March 1 of each year, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a report 
specifying— 
‘‘(1) the total number of enlisted members as-
signed to duty at any time during the previous fiscal 
year as enlisted aides for officers of the Army, Navy, 
Air Force, and Marine Corps; and 
‘‘(2) the number of authorized enlisted aides by 
each general officer and flag officer position during 
the previous fiscal year.’’. 
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SEC. 506. REQUIRED CONSIDERATION OF CERTAIN ELE-
MENTS OF COMMAND CLIMATE IN PERFORM-
ANCE APPRAISALS OF COMMANDING OFFI-
CERS. 
The Secretary of a military department shall ensure 
that the performance appraisal of a commanding officer in 
an Armed Force under the jurisdiction of that Secretary 
indicates the extent to which the commanding officer has 
or has not established a command climate in which— 
(1) allegations of sexual assault are properly 
managed and fairly evaluated; and 
(2) a victim of criminal activity, including sex-
ual assault, can report the criminal activity without 
fear of retaliation, including ostracism and group 
pressure from other members of the command. 
Subtitle B—Reserve Component 
Personnel Management 
SEC. 511. RETENTION ON THE RESERVE ACTIVE-STATUS 
LIST FOLLOWING NONSELECTION FOR PRO-
MOTION OF CERTAIN HEALTH PROFESSIONS 
OFFICERS AND FIRST LIEUTENANTS AND 
LIEUTENANTS (JUNIOR GRADE) PURSUING 
BACCALAUREATE DEGREES. 
(a) RETENTION OF CERTAIN FIRST LIEUTENANTS AND 
LIEUTENANTS (JUNIOR GRADE) FOLLOWING NONSELEC-
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TION FOR PROMOTION.—Subsection (a)(1) of section 14701 
of title 10, United States Code, is amended— 
(1) by striking ‘‘A reserve officer of’’ and insert-
ing ‘‘(A) A reserve officer of the Army, Navy, Air 
Force, or Marine Corps described in subparagraph 
(B) who is required to be removed from the reserve ac-
tive-status list under section 14504 of this title, or a 
reserve officer of’’; 
(2) by striking ‘‘of this title may, subject to the 
needs of the service and to section 14509 of this title,’’ 
and inserting ‘‘of this title, may’’; 
(3) by adding at the end the following new sub-
paragraphs: 
‘‘(B) A reserve officer covered by this subparagraph is 
a reserve officer of the Army, Air Force, or Marine Corps 
who holds the grade of first lieutenant, or a reserve officer 
of the Navy who holds the grade of lieutenant (junior 
grade), and who— 
‘‘(i) is a health professions officer; or 
‘‘(ii) is actively pursuing an undergraduate pro-
gram of education leading to a baccalaureate degree. 
‘‘(C) The consideration of a reserve officer for continu-
ation on the reserve active-status list pursuant to this para-
graph is subject to the needs of the service and to section 
14509 of this title.’’. 
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(b) RETENTION
OF HEALTH PROFESSIONS OFFI-
CERS.—Such section is further amended— 
(1) by redesignating subsection (b) as subsection 
(c); and 
(2) by inserting after subsection (a) the following 
new subsection (b): 
‘‘(b) CONTINUATION OF HEALTH PROFESSIONS OFFI-
CERS.—(1) Notwithstanding subsection (a)(6), a health pro-
fessions officer obligated to a period of service incurred 
under section 16201 of this title who is required to be re-
moved from the reserve active-status list under section 
14504, 14505, 14506, or 14507 of this title and who has 
not completed a service obligation incurred under section 
16201 of this title shall be retained on the reserve active- 
status list until the completion of such service obligation 
and then discharged, unless sooner retired or discharged 
under another provision of law. 
‘‘(2) The Secretary concerned may waive the applica-
bility of paragraph (1) to any officer if the Secretary deter-
mines that completion of the service obligation of that offi-
cer is not in the best interest of the service. 
‘‘(3) A health professions officer who is continued on 
the reserve active-status list under this subsection who is 
subsequently promoted or whose name is on a list of officers 
recommended for promotion to the next higher grade is not 
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required to be discharged or retired upon completion of the 
officer’s service obligation. Such officer may continue on the 
reserve active-status list as other officers of the same grade 
unless separated under another provision of law.’’. 
SEC. 512. CHIEF OF THE NATIONAL GUARD BUREAU ROLE 
IN ASSIGNMENT OF DIRECTORS AND DEPUTY 
DIRECTORS OF THE ARMY AND AIR NATIONAL 
GUARDS. 
(a) RECOMMENDATION BY CHIEF OF THE NATIONAL 
GUARD BUREAU.—Paragraph (1) of section 10506(a) of 
title 10, United States Code, is amended— 
(1) in subparagraph (A), by striking ‘‘selected by 
the Secretary of the Army’’ and inserting ‘‘rec-
ommended by the Chief of the National Guard Bu-
reau, in consultation with the Secretary of the 
Army,’’; and 
(2) in subparagraph (B), by striking ‘‘selected by 
the Secretary of the Air Force’’ and inserting ‘‘rec-
ommended by the Chief of the National Guard Bu-
reau, in consultation with the Secretary of the Air 
Force,’’. 
(b) ASSISTANCE TO CHIEF OF THE NATIONAL GUARD 
BUREAU.—Paragraph (2) of such section is amended by 
striking ‘‘The officers so selected’’ and inserting ‘‘The Direc-
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tor and Deputy Director, Army National Guard, and the 
Director and Deputy Director, Air National Guard,’’. 
(c) CONDITION
ON ASSIGNMENT
AND CONFORMING 
AMENDMENTS.—Paragraph (3) of such section is amend-
ed— 
(1) in subparagraph (A), by striking ‘‘The Presi-
dent’’ and inserting ‘‘Consistent with paragraph (1), 
the President’’; 
(2) in subparagraph (B), by striking ‘‘the Sec-
retary of the military department concerned’’ and in-
serting ‘‘the Chief of the National Guard Bureau as 
provided in paragraph (1)’’; 
(3) by striking subparagraph (D); and 
(4) by redesignating subparagraph (E) as sub-
paragraph (D). 
SEC. 513. NATIONAL GUARD CIVIL AND DEFENSE SUPPORT 
ACTIVITIES AND RELATED MATTERS. 
(a) OPERATIONAL USE OF THE NATIONAL GUARD.— 
(1) IN GENERAL.—Chapter 1 of title 32, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘SEC. 116. OPERATIONAL USE OF THE NATIONAL GUARD. 
‘‘(a) IN GENERAL.—This section authorizes the oper-
ational use of the National Guard and recognizes that the 
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basic premise of both the National Incident Management 
System and the National Response Framework is that— 
‘‘(1) incidents are typically managed at the local 
level first; and 
‘‘(2) local jurisdictions retain command, control, 
and authority over response activities for their juris-
dictional areas. 
‘‘(b) ASSISTANCE TO CIVILIAN FIREFIGHTING ORGANI-
ZATIONS.— 
‘‘(1) ASSISTANCE
AUTHORIZED.—Members and 
units of the National Guard shall be authorized to 
support firefighting operations, missions, or activities, 
including aerial firefighting employment of the Mod-
ular Airborne Firefighting System (MAFFS), under-
taken in support of a civilian authority or a State 
or Federal agency. 
‘‘(2) ROLE OF GOVERNOR AND STATE ADJUTANT 
GENERAL.—For the purposes of paragraph (1)— 
‘‘(A) the Governor of a State shall be the 
principal civilian authority; and 
‘‘(B) the adjutant general of the State shall 
be the principal military authority, when acting 
in his or her State capacity, and has the pri-
mary authority to mobilize members and units 
of the National Guard of the State in any duty 
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status under this title the adjutant general deems 
appropriate to employ necessary forces when 
funds to perform such operations, missions, or 
activities are reimbursed.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
adding at the end the following new item: 
‘‘116. Operational use of the National Guard.’’. 
(b) ACTIVE GUARD AND RESERVE (AGR) SUPPORT.— 
Section 328(b) of title 32, United States Code, is amend-
ed— 
(1) by inserting ‘‘duty as specified in section 
116(b) of this title or may perform’’ after ‘‘subsection 
(a) may perform’’; and 
(2) by inserting ‘‘(A) and (B)’’ after ‘‘ specified 
in section 502(f)(2)’’. 
(c) 
FEDERAL
TECHNICIANS
SUPPORT.—Section 
709(a)(3) of title 32, United States Code, is amended by 
inserting ‘‘duty as specified in section 116(b) of this title 
or’’ after ‘‘(3) the performance of’’. 
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Subtitle C—General Service 
Authorities 
SEC. 521. PROCEDURES FOR JUDICIAL REVIEW OF MILI-
TARY PERSONNEL DECISIONS RELATING TO 
CORRECTION OF MILITARY RECORDS. 
(a) AVAILABILITY
OF JUDICIAL REVIEW; LIMITA-
TIONS.— 
(1) IN GENERAL.—Chapter 79 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 1560. Judicial review of decisions relating to cor-
rection of military records 
‘‘(a) AVAILABILITY OF JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—Pursuant to sections 1346 
and 1491 of title 28 and chapter 7 of title 5, any per-
son adversely affected by a records correction final de-
cision may obtain judicial review of the decision in 
a court with jurisdiction to hear the matter. 
‘‘(2) RECORDS CORRECTION FINAL DECISION DE-
FINED.—In this section, the term ‘records correction 
final decision’ means any of the following decisions: 
‘‘(A) A final decision issued by the Sec-
retary concerned pursuant to section 1552 of this 
title. 
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‘‘(B) A final decision issued by the Sec-
retary of a military department or the Secretary 
of Homeland Security pursuant to section 
1034(g) of this title. 
‘‘(C) A final decision issued by the Sec-
retary of Defense pursuant to section 1034(h) of 
this title. 
‘‘(D) A final decision issued by the Sec-
retary concerned pursuant to section 1554a of 
this title. 
‘‘(b) EXHAUSTION OF ADMINISTRATIVE REMEDIES.— 
‘‘(1) GENERAL
RULE.—Except as provided in 
paragraphs (3) and (4), judicial review of a matter 
that could be subject to correction under a provision 
of law specified in subsection (a)(2) may not be ob-
tained under this section or any other provision of 
law unless— 
‘‘(A) the petitioner has requested a correc-
tion under sections 1552 or 1554a of this title 
(including such a request in a matter arising 
under section 1034 of this title); and 
‘‘(B) the Secretary concerned has rendered a 
final decision denying that correction in whole 
or in part. 
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‘‘(2) WHISTLEBLOWER CASES.—When the final 
decision of the Secretary concerned is subject to re-
view by the Secretary of Defense under section 
1034(h) of this title, the petitioner is not required to 
seek such review before obtaining judicial review, but 
if the petitioner seeks such review, judicial review 
may not be sought until the earlier of the following 
occurs: 
‘‘(A) The Secretary of Defense makes a deci-
sion in the matter. 
‘‘(B) The period specified in section 1034(h) 
of this title for the Secretary to make a decision 
in the matter expires. 
‘‘(3) CLASS ACTIONS.—If judicial review of a 
records correction final decision is sought, and the pe-
titioner for such judicial review also seeks to bring a 
class action with respect to a matter for which the pe-
titioner requested a correction under section 1552 of 
this title (including a request in a matter arising 
under section 1034 of this title) and the court issues 
an order certifying a class in the case, paragraphs (1) 
and (2) do not apply to any member of the certified 
class (other than the petitioner) with respect to any 
matter covered by a claim for which the class is cer-
tified. 
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‘‘(4) TIMELINESS.—Paragraph (1) shall not 
apply if the records correction final decision of the 
Secretary concerned is not issued by the date that is 
18 months after the date on which the petitioner re-
quests a correction. 
‘‘(c) STATUTES OF LIMITATION.— 
‘‘(1) SIX
YEARS
FROM
FINAL
DECISION.—A 
records correction final decision (other than in a mat-
ter to which paragraph (2) applies) is not subject to 
judicial review under this section or otherwise subject 
to review in any court unless petition for such review 
is filed in a court not later than six years after the 
date of the records correction final decision. 
‘‘(2) SIX YEARS FOR CERTAIN CLAIMS THAT MAY 
RESULT IN PAYMENT OF MONEY.—(A) In a case of a 
records correction final decision described in subpara-
graph (B), the records correction final decision (or the 
portion of such decision described in such subpara-
graph) is not subject to judicial review under this sec-
tion or otherwise subject to review in any court unless 
petition for such review is filed in a court before the 
end of the six-year period that began on the date of 
discharge, retirement, release from active duty, or 
death while on active duty, of the person whose mili-
tary records are the subject of the correction request. 
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138 
(1) REVIEW OF THE NOVEMBER 5, 2009, ATTACK 
AT FORT HOOD, TEXAS.—If the Secretary concerned 
determines, after a review under subsection (a)(2)(B) 
regarding the attack that occurred at Fort Hood, 
Texas, on November 5, 2009, that the death or wound-
ing of any member of the Armed Forces in that attack 
qualified as a death or wounding resulting from an 
attack inspired or motivated by a foreign terrorist or-
ganization as described in section 1129a of title 10, 
United States Code (as added by subsection (a)), the 
Secretary of Defense shall make a determination as to 
whether the death or wounding of any civilian em-
ployee of the Department of Defense or civilian con-
tractor in the same attack meets the eligibility cri-
teria for the award of the Secretary of Defense Medal 
for the Defense of Freedom. 
(2) AWARD.—If the Secretary of Defense deter-
mines under paragraph (1) that the death or wound-
ing of any civilian employee of the Department of De-
fense or civilian contractor in the attack that occurred 
at Fort Hood, Texas, on November 5, 2009, meets the 
eligibility criteria for the award of the Secretary of 
Defense Medal for the Defense of Freedom, the Sec-
retary shall take appropriate action to award the Sec-
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