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 123STA T . 22 69PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 ‘ ‘ (A)increas e th een d stren g tha u th o ri z ed p ursuant to su b- section (a)( 1 )(A) f or a fisca ly ear for the ar m ed force under the j urisdiction of that S ecretary or , in the case of the Secretary of the N a v y, for any of the armed forces under the jurisdiction of that Secretary, by a number e q ual to not more than 2 percent of such authorized end strength and ‘‘( B ) increase the end strength authorized pursuant to sub- section (a)(2) for a fiscal year for the Selected R eserve of the reserve component of the armed force under the jurisdiction of that Secretary or, in the case of the Secretary of the Navy, for the Selected Reserve of the reserve component of any of the armed forces under the jurisdiction of that Secretary, by a number equal to not more than 2 percent of such authorized end strength . ‘‘(2) Any increase under paragraph (1)(A) of the end strength for an armed force for a fiscal year shall be counted as part of the increase for that armed force for that fiscal year authorized under subsection (f)(1). Any increase under paragraph (1)(B) of the end strength for the Selected Reserve of a reserve component of an armed force for a fiscal year shall be counted as part of the increase for that Selected Reserve for that fiscal year authorized under subsection (f)( 3 ). ’ ’. Subti t leC—A ut hor i za tio n o f A p propriation sSEC.421 . MIL I TARYP ERS ON NEL. (a) A UTHORIZA TIO N O F A P PROPRIATION S . —T here is hereby authorized to be appropriated to the D epartment of Defense for military personnel for fiscal year 2 0 10 a total of $ 13 6 ,016,2 8 1,000. (b) C ONSTRU C TION OF AUTHORIZATION.—The authorization of appropriations in subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2010. SEC. 422. REPEAL O FD ELAYED ONE - TIME S H IFT OF MILITARY RETIRE- MENT PAYMENTS. (a) R E PEA L .—Section 1002 of the Duncan H unter National Defense Authorization Act for F iscal Y ear 200 9 ( P ublic L a w 110 –4 1 7 5 81) is repealed. (b) E FFECT ON EARLIER TRANSFER.—The repeal of section 1002 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 by subsection (a) shall not affect the validity of the transfer of funds made pursuant to subsection (e) of such section before the date of the enactment of this Act. TI T LEV — M ILITA RYP ERS ON NEL POLICY Subti t leA—Of fi c e rP er son nel Polic y Sec .501 . G r ad eof L e g al C ounsel to t h e Chair m an of the J oint Chiefs of Staff. Sec. 50 2 . M odification of limitations on general and flag officers on acti v e duty. Sec. 50 3 . R evisions to annual re p orting re q uirement on j oint officer management. Sec. 50 4 . Ex tension of temporary increase in maximum number of days leave mem - bers may accumulate and carryover.
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 123STA T . 22 70PUBLIC LA W 111 –84—O CT. 28 , 200 9Sec.50 5. Computa t i o n o fr etirement e l i g i b ilit y for enli s te d members of t h e N a v y w ho complete the Seaman to A dmiral ( S T A –21) officer candidate pro - gram. Sec. 50 6 . I ndependent review of j udge advocate re q uirements of the D epartment of the Navy. Subtitle B—G eneral Service Authorities Sec. 511. Continuation on active duty of reserve component members during phys- ical disability evaluation following mobili z ation and deployment. Sec. 512. M edical e x amination required before administrative separation of mem- bers diagnosed with or reasonably asserting post-traumatic stress dis- order or traumatic brain injury. Sec. 51 3 . L egal assistance for additional reserve component members. Sec. 51 4 . Limitation on scheduling of mobilization or pre-mobilization training for R eserve units when certain suspension of training is li k ely. Sec. 515. E valuation of test of utility of test preparation guides and education pro- grams in improving qualifications of recruits for the Armed F orces. Sec. 516. Report on presence in the Armed Forces of members associated or affili- ated with groups engaged in prohibited activities. Subtitle C—Education and Training Sec. 521. Detail of commissioned officers as students at schools of psychology. Sec. 522. Appointment of persons enrolled in Advanced Course of the Army Reserve O fficers ’ Training Corps at military junior colleges as cadets in Army Reserve or Army National Guard of the U nited States. Sec. 523. Expansion of criteria for appointment as member of the Board of Regents of the Uniformed Services University of the H ealth Sciences. Sec. 524. Use of Armed Forces Health P rofessions Scholarship and Financial As- sistance program to increase number of health professionals with skills to assist in providing mental health care. Sec. 525. Department of Defense undergraduate nurse training program. Sec. 526. Increase in number of private sector civilians authorized for admission to National Defense University. Sec. 52 7 . Appointments to military service academies from nominations made by Delegate from the Commonwealth of the Northern Mariana Islands. Sec. 52 8 . Athletic association for the Air Force Academy. Sec. 52 9 . Language training centers for members of the Armed Forces and civilian employees of the Department of Defense. Subtitle D—Defense Dependents’ Education Sec. 531. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees. Sec. 532. Impact aid for children with severe disabilities. Sec. 533. Two-year extension of authority for assistance to local educational agen- cies with enrollment changes due to base closures , force structure changes, or force relocations. Sec. 534. Authority to extend eligibility for enrollment in Department of Defense el- ementary and secondary schools to certain additional categories of de- pendents. Sec. 535. Permanent authority for enrollment in defense dependents’ education sys- tem of dependents of foreign military members assigned to Supreme Headquarters Allied Powers, Europe. Sec. 536. Determination of number of weighted student units for local educational agencies for receipt of basic support payments under impact aid. Sec. 537. Study on options for educational opportunities for dependent children of members of the Armed Forces when public schools attended by such children are determined to need improvement. Sec. 538. Comptroller General audit of assistance to local educational agencies for dependent children of members of the Armed Forces. Sec. 539. Sense of Congress on the Interstate Compact on Educational Opportunity for Military Children. Subtitle E—Missing or Deceased Persons Sec. 541. Additional requirements for accounting for members of the Armed Forces and Department of Defense civilian employees listed as missing in con- flicts occurring before enactment of new system for accounting for miss- ing persons. Sec. 542. Policy and procedures on media access and attendance by family members at ceremonies for the dignified transfer of remains of members of the Armed Forces who die overseas.

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 123STA T . 22 7 1 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9Sec.543 . R e port o n e x p a n si ono f a u t h orit y ofa m em b er to d esi g nate persons to di - rect disposition of the remains of a deceased member. Sec. 544. Sense of C ongress on the reco v ery of the remains of members of the A rmed F orces w ho were k i l led during W orld War I I in the battle of T arawa Atoll. Subtitle F —D ecorations and Awards Sec. 55 1 . Authori z ation and re q uest for award of M edal of H onor to Anthony T. K aho ’ ohanohano for acts of valor during the Korean War. Sec. 55 2 . Authorization and request for award of Distinguished-Service Cross to J ack T. Stewart for acts of valor during the V ietnam War. Sec. 553. Authorization and request for award of Distinguished-Service Cross to William T. Miles , Jr., for acts of valor during the Korean War. Subtitle G —Military Family Readiness Matters Sec. 5 6 1. E stablishment of online resources to provide information about benefits and services available to members of the Armed Forces and their fami- lies. Sec. 562. Additional members on Department of Defense Military Family Readiness Council. Sec. 563. Support for military families with special needs. Sec. 564. P ilot program to secure internships for military spouses with Federal agencies. Sec. 565. Family and medical leave for family of servicemembers. Sec. 566. Deadline for report on sexual assault in the Armed Forces by Defense Task Force on Sexual Assault in the Military Services. Sec. 56 7 . Improved prevention and response to allegations of sexual assault involv- ing members of the Armed Forces. Sec. 56 8 . Comptroller General report on progress made in implementing rec- ommendations to reduce domestic violence in military families. Sec. 56 9 . Report on impact of domestic violence on military families. Sec. 57 0 . Report on international intrafamilial abduction of children of members of the Armed Forces. Sec. 571. Assessment of impact of deployment of members of the Armed Forces on their dependent children. Sec. 572. Report on child custody litigation involving service of members of the Armed Forces. Sec. 573. Comptroller General report on child care assistance for members of the Armed Forces. Subtitle H—Military Voting Sec. 575. Short title. Sec. 576. Clarification regarding delegation of State responsibilities to local j uris- dictions. Sec. 577. Establishment of procedures for absent uniformed services voters and overseas voters to request and for States to send voter registration ap- plications and absentee ballot applications by mail and electronically. Sec. 578. Establishment of procedures for States to transmit blank absentee ballots by mail and electronically to absent uniformed services voters and over- seas voters. Sec. 579. Ensuring absent uniformed services voters and overseas voters have time to vote. Sec. 580. Procedures for collection and delivery of marked absentee ballots of ab- sent overseas uniformed services voters. Sec. 581. Federal write-in absentee ballot. Sec. 582. Prohibiting refusal to accept voter registration and absentee ballot appli- cations, marked absentee ballots, and Federal write-in absentee ballots for failure to meet certain requirements. Sec. 583. Federal Voting Assistance Program Improvements. Sec. 584. Development of standards for reporting and storing certain data. Sec. 585. Repeal of provisions relating to use of single application for all subse- quent elections. Sec. 586. Reporting requirements. Sec. 587. Annual report on enforcement. Sec. 588. Requirements payments. Sec. 589. Technology pilot program. Subtitle I— O ther Matters Sec. 591. Clarification of performance policies for military musical units and musi- cians. Sec. 592. N avy grants for purposes of Naval Sea Cadet Corps.


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 123STA T . 22 7 2 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9Sec.593 . Modif ic at io n of m atc h in g f u nd r e q uirement s under N ationa lG uard Y outh C hallenge P rogram. Sec. 59 4 . Exp ansion of Militar yL eadership D i v ersity Commission to include re - serve component representatives. Sec. 595. Expansion of suicide prevention and community healing and response training under the Yello wR i b bon Reintegration Program. Sec. 59 6 . Comprehensive plan on prevention , diagnosis, and treatment of substance use disorders and disposition of substance abuse offenders in the A rmed F orces. Sec. 59 7 . Reports on Yellow Ribbon Reintegration Program and other reintegration programs. Sec. 59 8 . Reports on progress in completion of certain incident information man- agement tools. Subti t leA—Of fi c e rP er son nel Polic ySEC.501 . GRAD E OFL EGAL CO UN SEL T OT H E CHA I R M AN OF THE J OINT CHIEFS OF STAFF. (a)INGE NE RAL.—Section156 (c) o f tit l e1 0,U nite d State sC ode, isa m ended by st r i k in g‘ ‘, wh ile so ser v ing, hold the ’ ’ and inserting ‘‘be a p pointed in the reg u lar’’. (b) EF FE CTIV E D ATE.— T he amendment made by subsection (a) shall take effect on the date of the enactment of this A ct, and shall apply with respect to individuals appointed as L egal Counsel to the Chairman of the J oint Chiefs of Staff on or after that date. SEC. 50 2 . MODIFICATION OF LIMITATIONS ON GENERAL AND FLAG OFFICERS ON ACTI V E DUT Y . (a) R E PO RT ON STAT U TE S E X CLU D IN G CERTAIN O FFICERS ON ACTIVE DUT Y IN GENERAL AND F LAG OFFICER GRADES FRO M LIMITA - TIONS ON AUT H ORI Z ED STRENGTHS OF GENERAL AND FLAG OFFICERS ON ACTIVE DUTY.— N ot later than April 1, 2 010, the Secretary of Defense shall submit to the Committees on Armed Forces of the Senate and the H ouse of Representatives a report setting forth the following (1) An assessment of the provisions of title 10, United States Code, that e x clude commissioned officers of the Armed Forces on active duty in general officer and flag officer grades from the limitations on the authori z ed strengths of general and flag officers, including— (A) a list of each such provision and ( B ) for each such provision— (i) a statement whether such provision is redun- dant or necessary in light of recent legislation on such provision or related provisions; and (ii) an assessment of the impact of the repeal of such provision on the Department of Defense. (2) A specific, comprehensive description of the legislative actions, including technical and conforming changes, necessary to conform sections 525, 526, and 52 8 of title 10, United States Code (and any other applicable provisions of such title), with the assessment re q uired by paragraph (1) with a view towards increasing the transparency and comprehensiveness on the number of general and flag officers serving on active duty. ( 3 ) An assessment of the following: (A) W hether the authorized numbers of general and flag officers in an active status under section 1200 4 (a) of title 10, United States Code, are adequate to provide 10USC 1 56note.


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 123STA T . 22 7 3 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9ther e s er v e comp o n ents wi th a s uf ficient num b er of g enera l an d flag officers in an active status in order to meet increased authori z ations for active dut y service .(B)W hether such numbers of general and flag officers provide the general and flag officers of the reserve compo - nents with appropriate opportunities for j oint responsibility and joint officer development while simultaneously meeting reserve active-status re q uirements ( C ) Whether legislative action with respect to section 120 0 4 (a) of title 10 ,U nited S tates Code, is necessary to achieve the purposes specified in subparagraphs ( A ) and (B) and, if so, a specific, comprehensive description of such legislative actions. (4) An assessment of the following (A) Whether the requirements for general and flag officer positions resulting from recommendations for statu- tory authority to specify the grade of the Chief of the N avy D ental Corps, the Chief and Deputy Chief of Chap- lains in the Air F orce, the Chief of the Army M edical Specialist Corps, and to establish the position of V ice Chief of the National G uard Bureau, are necessary in light of recent legislative modifications of applicable provisions of law. (B) T he impact on the Department of each provision. (C) I f supported, the necessary technical and con- forming changes that may be necessary to conform sections 53 5, 52 6 ,52 8, and 12004 of title 10, United States Code, to increase the transparency and comprehensiveness of the number of general and flag officers on active duty or in an active status. (b) C LARIF I C A T I ON OF DI S TRI BU TION L I M ITS. — Section 525 of title 10, United States Code, is amended by stri k ing subsections (a) and (b) and inserting the following new subsections: ‘ ‘(a) For purposes of the applicable limitation in section 526(a) of this title on general and flag officers on active duty, no appoint- ment of an officer on the active duty list may be made as follows: ‘‘(1) in the Army, if that appointment would result in more than— ‘‘(A) 7 officers in the grade of general ‘‘(B) 45 officers in a grade above the grade of major general; or ‘‘(C) 9 0 officers in the grade of major general; ‘‘(2) in the Air Force, if that appointment would result in more than— ‘‘(A) 9 officers in the grade of general; ‘‘(B) 43 officers in a grade above the grade of major general; or ‘‘(C) 73 officers in the grade of major general; ‘‘(3) in the Navy, if that appointment would result in more than— ‘‘(A) 6 officers in the grade of admiral; ‘‘(B) 32 officers in a grade above the grade of rear admiral; or ‘‘(C) 50 officers in the grade of rear admiral; ‘‘(4) in the Marine Corps, if that appointment would result in more than— ‘‘(A) 2 officers in the grade of general;


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 123STA T . 22 74PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 0 9‘ ‘ (B)15of f icers i nag ra d ea b o v e th e grade of m a j or genera l; or ‘‘( C ) 2 2 officers in the grade of major general . ‘‘(b)(1) T he limitations of s u bsection (a) do not include the follo w ing ‘‘( A ) An officer released from a joint dut y assignment , but only during the 60- day p eriod beginning on the date the officer departs the joint duty assignment, e x cept that the S ecretary of D efense may authori z e the Secretary of a military depart- ment to extend the 60-day period by an additional 120 days, but no more than 3 officers from each armed forces may be on active duty who are excluded under this subparagraph. ‘‘(B) An officer while serving in the position of Staff J udge Advocate to the Commandant of the M arine Corps under section 50 4 6 of this title. ‘‘(C) The number of officers re q uired to serve in joint duty assignments as authorized by the Secretary of Defense under section 526(b) for each military service. ‘‘(D) An officer while serving as Chief of the N ational G uard Bureau. ‘‘(2) An officer of the Army while serving as Superintendent of the U nited States Military Academy, if serving in the grade of lieutenant general, is in addition to the number that would otherwise be permitted for the Army for officers serving on active duty in grades above major general under subsection (a). An officer of the Navy or Marine Corps while serving as Superintendent of the United States Naval Academy, if serving in the grade of vice admiral or lieutenant general, is in addition to the number that would otherwise be permitted for the Navy or Marine Corps, respectively, for officers serving on active duty in grades above major general or rear admiral under subsection (a). An officer while serving as Superintendent of the United States Air F orce Academy, if serving in the grade of lieutenant general, is in addition to the number that would otherwise be permitted for the Air Force for officers serving on active duty in grades above major general under subsection (a). ’ ’. (c) C LARIF I C A T I ON ON O FF SE TTIN GR E DU CTIONS. — Subsection (c) of such section is amended— (1) in paragraph (1)— (A) by amending subparagraph (A) to read as follows: ‘‘(A) may ma k e appointments in the Army, Air Force, and Marine Corps in the grades of lieutenant general and general in excess of the applicable numbers determined under this section if each such appointment is made in conjunction with an offsetting reduction under paragraph (2); and’’; and (B) in subparagraph (B), by striking ‘‘subsection (b)(2)’’ and inserting ‘‘this section’’; (2) in paragraph (3)(A), by striking ‘‘the number equal to 10 percent of the total number of officers that may be serving on active duty in those grades in the Army, Navy, Air Force, and Marine Corps under subsection (b)’’ and inserting ‘‘15’’; and (3) in paragraph (3)(B), by striking ‘‘the number equal to 15 percent of the total number of officers that may be serving on active duty in those grades in the Army, Navy, Air Force, and Marine Corps’’ and inserting ‘‘5’’. Timep e r i ods.


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 123STA T . 22 75PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(d)OTHERDIS TRI BU TI ONCLA RI F I C ATIONS .—Suchse c tion is f u r- ther am ended— ( 1 )insu b section (e) , b y stri k in g‘ ‘ I n determining the tota l number of general officers or flag officers of an armed force on acti v e duty for p urposes of this section, the follo w ing officers shall not be counted

’ in the matter preceding paragraph (1) and inserting ‘‘ T he following officers shall not be counted for purposes of this section:’’ and ( 2 ) by adding at the end the following new subsection: ‘‘(g)(1) The limitations of this section do not apply to a reserve component general or flag officer who is on active duty for a period ine x cess of 365 days, but not to exceed three years, except that the number of officers from each reserve component who are covered by this subsection and is not serving in a position that is a j oint duty assignment for purposes of chapter 3 8 of this title may not exceed 5 per component, unless authori z ed by the Secretary of Defense ‘‘(2) The exception in paragraph (1) does apply to the position of Chief of the N ational G uard B ureau. ‘‘(3) Not later than 3 0 days after authorizing a number of reserve component general or flag officers in excess of the number specified in paragraph (1), the Secretary of Defense shall notify the Committees on A rmed Services of the Senate and the H ouse of R epresentatives of such authorization, and shall include with such notice a statement of the reason for such authorization.’’. (e) CHAN G E TO AUTHORI Z E D STRENGTHS.—Subsection (a) of sec- tion 526 of such title is amended— (1) in paragraph (1), by striking ‘‘30 7 ’’ and inserting ‘‘230’’; (2) in paragraph (2), by striking ‘‘216’’ and inserting ‘‘160’’; (3) in paragraph (3), by striking ‘‘27 9 ’’ and inserting ‘‘208’’; and ( 4 ) in paragraph (4), by striking ‘‘81’’ and inserting ‘‘60’’. (f) CHANGES TO L I M ITED EX CLUSION FOR J OINT DUT Y RE Q UIRE- MENTS.—Subsection (b) of such section is amended— (1) in paragraph (1)— (A) by striking ‘‘Chairman of the Joint Chiefs of Staff’’ and inserting ‘‘Secretary of Defense’’; (B) by striking ‘‘65’’ and inserting ‘‘324’’; and (C) by striking the second sentence and inserting the following new sentence: ‘‘The Secretary of Defense shall allocate those exclusions to the armed forces based on the number of general or flag officers re q uired from each armed force for assignment to these designated positions.’’; (2) by redesignating paragraph (2) as paragraph (5); and (3) by inserting after paragraph (1) the following new para- graphs: ‘‘(2) U nless the Secretary of Defense determines that a lower number is in the best interest of the Department, the minimum number of officers serving in positions designated under paragraph (1) for each armed force shall be as follows: ‘‘(A) F or the Army, 85. ‘‘(B) For the Navy, 61. ‘‘(C) For the Air Force, 76. ‘‘(D) For the M arine Corps, 21. ‘‘(3) The number excluded under paragraph (1) and serving in positions designated under that paragraph— Deadlin e .Not i f i c ation. Ap plica b ilit y .


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 123STA T . 22 76PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9‘ ‘ (A)inthegrad e of genera l or ad m iral ma y not e xc eed 20; ‘‘( B )inagradea b o v e the grade of ma j or general or rear admiral may not exceed 68 ‘‘( C ) in the grade of major general or rear admiral may not exceed 14 4 . ‘‘(4) N ot later than 3 0 day s after determining to raise or lo w er an u mber s p ecified in paragraph (2) , the S ecretary of D efense shall notify the Committees on Armed Services of the Senate and the H ouse of R epresentatives of such determination. ’ ’. (g) OTHER A U TH O R IZA TIO N C L ARI F I C ATION S . — Such section is further amended— (1) in subsection (d), by adding at the end the following new paragraph ‘‘(3) T he limitations of this section do not apply to a reserve component general or flag officer who is on active duty for a period in excess of 36 5 days but not to exceed three years, except that the number of such officers from each reserve component who are covered by this paragraph and not serving in a position that is a joint duty assignment for purposes of chapter 38 of this title may not exceed 5 per component, unless authori z ed by the Secretary of Defense.’’; and (2) by adding at the end the following new subsections: ‘‘(g) TE MP ORAR YEX CLUSION FOR ASSI G NMENT TO CERTAIN TEM - PORARY BILLETS.—(1) The limitations in subsection (a) and in sec- tion 525(a) of this title do not apply to a general or flag officer assigned to a temporary joint duty assignment designated by the Secretary of Defense. ‘‘(2) A general or flag officer assigned to a temporary joint duty assignment as described in paragraph (1) may not be excluded under this subsection from the limitations in subsection (a) for a period of longer than one year. ‘‘(h) EXCLUSION OF OFFICERS DEPARTING F ROM J OINT DUTY ASSIGNMENTS.—The limitations in subsection (a) do not apply to an officer released from a joint duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty assignment. The Secretary of Defense may authorize the Secretary of a military department to extend the 60-day period by an additional 120 days, except that not more than three officers on active duty from each armed force may be covered by an exten- sion under this sentence at the same time.’’. (h) EXCLUSION OF RESER V E OFFICERS DEPARTING FROM JOINT OR OTHER ACTIVE DUTY ASSIGNMENTS.—Section 12004 of such title is amended by adding at the end the following new subsection: ‘‘(f) The limitations in subsection (a) do not apply to an officer released from a joint duty assignment or other non-joint active duty assignment, but only during the 60-day period beginning on the date the officer departs the joint duty or other active duty assignment. The Secretary of Defense may authorize the Secretary of a military department to extend the 60-day period by an addi- tional 120 days, except that not more than three officers in an active status from each reserve component may be covered by an extension under this sentence at the same time.’’. (i) REPEAL OF L IMITATIONS ON G ENERAL AN D FLAG OFFICER ACTIVITIES OUTSIDE THE OFFICER’S O W N SERVICE.— (1) REPEAL.—Section 7 21 of such title is repealed. Timep e r i ods.D e a d l i n e. N o t i f i c ation.
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 123STA T . 22 7 7 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9(2)CLERICA LA M E ND MEN T.—Thetabl e ofs e c t i o n satthe be g inning of cha p te r41 ofs u ch title is a m en d edb y stri k ing the item relating to section 7 21. ( j ) R E P EAL OFSU PER S EDED A UT H ORIT Y .—Section 506 of the D uncan H unter N ational Defense Authori z ation Act for F iscal Y ear 200 9 ( P ublic L a w 110 – 417 122 Stat. 44 3 4; 10 U .S.C. 525 note) is repealed. SEC.503 . R E VI SI ON S T O A NN U A L RE P ORTIN G RE Q UIRE M ENT ON J OINT O F FICER MANAGEMENT. Section 667 of title 10 , United States Code, is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking ‘ ‘and their edu - cation and e x perience ’ ’; and ( B ) by adding at the end the following new subpara- graph ‘‘(C) A comparison of the number of officers who were designated as a joint q ualified officer who had ser v edina J oint Duty Assignment List billet and completed Joint Profes- sional M ilitary E ducation Phase I I, with the number designated as a joint qualified officer based on their aggregated joint experiences and completion of Joint Professional Military Edu- cation Phase II.’’; (2) by striking paragraphs (3), (4), (6), and (12); (3) by redesignating paragraph (5) as paragraph (3); (4) by redesignating paragraphs (7) through (11) as para- graphs (4) through ( 8 ), respectively; (5) by inserting after paragraph (8), as so redesignated, the following new paragraph: ‘‘(9) W ith regard to the principal courses of instruction for Joint Professional Military Education Level II, the number of officers graduating from each of the following: ‘‘(A) The Joint Forces Staff College. ‘‘(B) The National Defense University. ‘‘(C) Senior Service Schools.’’; and (6) by redesignating paragraph (13) as paragraph (10). SEC. 50 4 . E X TENSION OF TEMPORAR Y INCREASE IN MAXIMUM NUM B ER OF D AYS LEAVE MEMBERS MAY ACCUMULATE AND CARRYOVER. Section 701(d) of title 10, United States Code, is amended by striking ‘‘December 31, 2010’’ and inserting ‘‘September 30, 2013’’. SEC. 505. COMPUTATION OF RETIREMENT ELIGIBILITY FOR ENLISTED MEMBERS OF T H E NAVY W HO COMPLETE THE SEAMAN TO ADMIRAL ( STA –21) OFFICER CANDIDATE PROGRAM. Section 6328 of title 10, United States Code, is amended by adding the following new subsection: ‘‘(c) TIME SPENT IN SEAMAN TO ADMIRAL PRO G RAM.—The months of active service in pursuit of a baccalaureate-level degree under the Seaman to Admiral (STA–21) program of the Navy of officer candidates selected for the program on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2010 shall be excluded in computing the years of service of an officer who was appointed to the grade of ensign in the Navy upon completion of the program to determine the eligibility of the officer for retirement, unless the officer becomes subject


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 123STA T . 22 78PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9toinv o lu nt arysep aration or retire m ent d uetop h ysi c al disa b ility .S uch active service shall be counted in computin g the years o f active service of the officer for all other purposes. ’ ’. SEC.506 . IND E P ENDEN TR E V IE WOFJU D G E A DVOCATE RE Q UIRE -M ENTS OF T H E DEPARTMENT OF THE NAV Y . ( a )INDEP ENDEN TPA NE LFORR E VI E W . — ( 1 ) ES TA B LIS HM ENT.— T here is hereby established an inde - pendent panel to revie w the j udge advocate re q uirements of the D epartment of the N avy. ( 2 ) C OMPOSITION.—The panel shall be composed of five members , appointed by the Secretary of Defense from among private U nited States citi z ens who have e x pertise in law, mili- tary manpower policies, the missions of the A rmed F orces, or the current responsibilities of judge advocates in ensuring competent legal representation and advice to commanders. ( 3 ) CHAIR.—The chair of the panel shall be appointed by the Secretary from among the members of the panel appointed under paragraph (2). ( 4 ) PERIOD OF APPOINTMENT VA C ANCIES.— M embers shall be appointed for the life of the panel. Any vacancy in the panel shall be filled in the same manner as the original appoint- ment. ( 5 ) DEADLINE FOR APPOINTMENTS.—All original appoint- ments to the panel shall be made not later than 1 80 days after the date of the enactment of this Act. ( 6 ) MEETIN G S.—The panel shall meet at the call of the chair. ( 7 ) FIRST MEETING.—The chair shall call the first meeting of the panel not later than 60 days after the date of the appointment of all the members of the panel. (b) D U TIES.— (1) IN GENERAL.—The panel established under subsection (a) shall carry out a study of the policies and management and organizational practices of the Navy and Marine Corps with respect to the responsibilities, assignment, and career development of judge advocates for purposes of determining the number of judge advocates required to fulfill the legal mission of the Department of the Navy. (2) REVIEW.—In carrying out the study required by para- graph (1), the panel shall— (A) review the emergent operational law requirements of the Navy and Marine Corps, including requirements for judge advocates on joint tas k forces, in support of rule of law objectives in Iraq and Afghanistan, and in oper- ational units; ( B ) review new requirements to support the O ffice of Military Commissions and to support the disability evaluation system for members of the Armed Forces; (C) review the judge advocate requirements of the Department of the Navy for the military justice mission, including assignment policies, training and education, increasing complexity of court-martial litigation, and the performance of the Navy and Marine Corps in providing legally sufficient post-trial processing of cases in general courts-martial and special courts-martial; Deadlin e .


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 123STA T . 22 79PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 (D)revi e wth er ol eo f the Judg e A dvo ca te G e n eral of the N av y, a s the senior unifor m ed legal officer of the De p artment of the Navy, to determine whether additional authority for the Judge Advocate General over manpower policies and assignments of j udge advocates in the Navy and M arine C orps is warranted ( E ) review directives issued b y the Navy and the Marine Corps pertaining to jointly - shared missions re q uiring legal support; ( F ) review career patterns for Marine Corps judge advo- cates in order to identify and validate assignments to nonlegal billets required for professional development and promotion; and (G) review, evaluate, and assess such other matters and materials as the panel considers appropriate for pur- poses of the study . ( 3 ) UTIL I ZA TI ON O F OT HERS T UD IES. —I n carrying out the study required by paragraph ( 1 ), the panel may review, and incorporate as appropriate, the findings of applicable ongoing and completed studies in future manpower requirements, including the two-part study by CNA Analysis and S olutions entitled ‘ ‘An Analysis of Navy JAG Corps Future Manpower R equirements ’ ’. ( 4 )RE P ORT.—Not later than 1 20 days after its first meeting under subsection (a)( 7 ), the panel shall submit to the Secretary of Defense and the Committees on Armed Services of the Senate and the H ouse of Representatives a report on the study. T he report shall include— (A) the findings and conclusions of the panel as a result of the study; and ( B ) any recommendations for legislative or administra- tive action that the panel considers appropriate in light of the study. (c) P O W ERS OF PANEL.— (1) HEARIN G S.—The panel may hold such hearings, sit and act at such times and places, ta k e such testimony, and receive such evidence as the panel considers appropriate to carry out its duties under this section. (2) INFOR M ATION FROM FEDERAL AGEN C IES.—Upon request by the chair of the panel, any department or agency of the Federal Government may provide information that the panel considers necessary to carry out it duties under this section. (d) PERSONNEL MATTERS.— (1) PA Y OF MEM B ERS.—(A) Members of the panel established under subsection (a) shall serve without pay by reason of their work on the panel. (B) Section 1342 of title 31, United States Code, shall not apply to the acceptance of services of a member of the panel under this section. (2) TRA V ELE X PENSES.—The members of the panel shall be allowed travel e x penses, including per diem in lieu of subsist- ence, at rates authori z ed for employees of agencies under sub- chapter I of chapter 5 7 of title 5, United States Code, while away from their homes or regular places of business in the performance or services for the panel.


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 123STA T . 22 80PUBLIC LA W 111 – 8 4—O CT. 28 , 200 9Subti t leB—G e n e ra l Ser v i c e A ut ho ritie sSEC.51 1.C ONTI N UA TION ON ACTI V E D UT Y O FR ESERVE CO MP ONENT MEM B ERS DURIN G P H YSICA L DISABILITY EVALUATION FOLLO W ING MOBILI Z ATION AND DEPLOYMENT. Section12 1 8 o f tit l e1 0,U nite d St a te sC ode, is a m ended by addin g att h e end the follo w ing new s u bsection

‘ ( d ) (1) T he Sec r etary of a military de p artment shall ensure that each member of a reser v e component under the j urisdiction of the Secretary who is determined, after a mobili z ation and deploy - ment to an area in which imminent danger pay is authorized under section 3 10 of title 3 7 ,tore q uire evaluation for a physical or mental disability which could result in separation or retirement for disability under this chapter or placement on the temporary disability retired list or inactive status list under this chapter is retained on active duty during the disability evaluation process until such time as such member is — ‘‘( A ) cleared by appropriate authorities for continuation on active duty or ‘‘( B ) separated, retired, or placed on the temporary dis- ability retired list or inactive status list . ‘‘(2)(A) A member described in paragraph (1) may request termi- nation of active duty under such paragraph at any time during the demobilization or disability evaluation process of such member. ‘‘(B) Upon a request under subparagraph (A), a member described in paragraph (1) shall only be released from active duty after the member receives counseling about the consequences of termination of active duty. ‘‘(C) E ach release from active duty under subparagraph (B) shall be thoroughly documented. ‘‘(3) The requirements in paragraph (1) shall e x pire on the date that is five years after the date of the enactment of the N ational D efense Authorization Act for F iscal Y ear 2010. ’ ’. SEC. 51 2 . MEDICAL E X AMINATION RE Q UIRED BEFORE ADMINISTRA - TIVE SEPARATION OF MEMBERS DIAGNOSED WITH OR REASONABLY ASSERTING POST-TRAUMATIC STRESS DIS- ORDER OR TRAUMATIC BRAIN IN J URY. (a) MEDICAL E X A M I N A T I O N R E QU I R ED.— (1) I N G ENERAL.—Chapter 59 of title 10, United States Code, is amended by inserting after section 117 6 the following new section: ‘ ‘ §1 1 7 7 .Memb e rsdiagno sed w i th or reasonab ly asserting p ost - tra u mati c stress disorder or traumatic brain in j ury medical e x amination re q uired be f ore administrati v e separation ‘‘(a) MEDICAL EXAMINATION REQUIRED.—(1) Under regulations prescribed by the Secretary of Defense, the Secretary of a military department shall ensure that a member of the armed forces under the jurisdiction of the Secretary who has been deployed overseas in support of a contingency operation during the previous 2 4 months, and who is diagnosed by a physician, clinical psychologist, or psychiatrist as experiencing post-traumatic stress disorder or traumatic brain injury or who otherwise reasonably alleges, based on the service of the member while deployed, the influence of Regulations.Exp i r ation d ate.


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 123STA T . 22 8 1 PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9sucha c ondit ion ,re cei v esa m edica l e x amination to evaluate a dia g nosis o fp ost - traumatic stress disorder or traumatic b rain in j ur y.‘ ‘ (2)A member covered by paragraph ( 1 ) shall not be administra- tively separated under conditions other than honorable until the results of the medical examination have been revie w ed by appro- priate authorities responsible for evaluating, reviewing, and approving the separation case, as determined by the S ecretary concerned. ‘‘( 3 ) I n a case involving post-traumatic stress disorder, the medical examination shall be performed by a clinical psychologist or psychiatrist. In cases involving traumatic brain injury, the med- ical examination may be performed by a physician, clinical psycholo- gist, psychiatrist, or other health care professional, as appropriate. ‘‘(b) PURPOSE O FM E DICALEX A M I N A T ION. —T he medical exam- ination re q uired by subsection (a) shall assess whether the effects of post-traumatic stress disorder or traumatic brain injury con- stitute matters in extenuation that relate to the basis for adminis- trative separation under conditions other than honorable or the overall characteri z ation of service of the member as other than honorable. ‘‘(c) INAPPLICA B ILIT Y TO PROCEEDIN G S U NDER UNIFORM C ODE OF MILITARY J USTICE.—The medical examination and procedures required by this section do not apply to courts-martial or other proceedings conducted pursuant to the Uniform Code of Military Justice. ’ ’. (2) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 11 76 the following new item

‘ 1 1 7 7 .Memb e rsdiagno sed w i th or reasonab ly asserting p ost - tra u mati c stress dis- order or traumatic brain in j ury medical e x amination re q uired be f ore administrati v e separation. ’ ’. (b) R E V IE W OF PREVIOUS D ISC H ARGES AND DISMISSALS.—Section 1 5 53 of such title is amended by adding at the end the following new subsection: ‘‘(d)(1) In the case of a former member of the armed forces who, while serving on active duty as a member of the armed forces, was deployed in support of a contingency operation and who, at any time after such deployment, was diagnosed by a physi- cian, clinical psychologist, or psychiatrist as experiencing post-trau- matic stress disorder or traumatic brain injury as a consequence of that deployment, a board established under this section to review the former member’s discharge or dismissal shall include a member who is a physician, clinical psychologist, or psychiatrist. ‘‘(2) In the case of a former member described in paragraph (1) or a former member whose application for relief is based in whole or in part on matters relating to post-traumatic stress dis- order or traumatic brain injury as supporting rationale or as jus- tification for priority consideration, the Secretary concerned shall expedite a final decision and shall accord such cases sufficient priority to achieve an expedited resolution. In determining the priority of cases, the Secretary concerned shall weigh the medical and humanitarian circumstances of all cases and accord higher priority to cases not involving post-traumatic stress disorder or traumatic brain injury only when the individual cases are consid- ered more compelling.’’.


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 123STA T . 22 8 2 PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9(c)REPORT RE QUI RE D.—Notla t er t h a n240d a ys a f ter the date of the enact m ent of th i s A ct , the S ecretary of D efense shall s ub mit to the C ommittees on Armed Ser v ices of the Senate and H ouse of Re p resentatives a report containin g the detailed procedures and policies used by the Secretaries of the military department to imple - ment the amendments made by this section, including— ( 1 ) the list of officials identified by the Secretaries as re q uired to revie w physical e x aminations to determine the pos- sible influence of post-traumatic stress disorder or traumatic brain in j ury on the behavior of members before their separation under other than honorable conditions (2) the procedures adopted by the Secretaries to ensure that appropriate physical examinations required by the amend- ments are conducted; ( 3 ) the procedures adopted by the Secretaries to ensure that the medical reviews required by the amendments are conducted; and (4) the procedures adopted by the Secretaries to ensure that requests for review of discharges based on matters related to post-traumatic stress disorder or traumatic brain injury are considered in a timely manner by boards that include appro- priate medical personnel, as required by the amendments. SEC.513 . L E GA L ASS I S T A N CE FOR A D DITIONAL RESER V ECO MP ONENT MEM B ERS. Section 1044(a)(4) of title 10, U nited States Code, is amended by stri k ing ‘ ‘the Secretary of Defense), for a period of time, pre- scribed by the Secretary of Defense, ’ ’ and inserting ‘‘the Secretary), for a period of time (prescribed by the Secretary)’’. SEC. 51 4 . LIMITATION ON SC H ED U LING OF MOBILI Z ATION OR PRE - MOBILIZATION TRAINING FOR RESERVE UNITS W HEN CER- TAIN SUSPENSION OF TRAINING IS LI K EL Y. (a) L I M IT A TIO N .— (1) I N G ENERA L .—Subject to paragraph (2), the Secretary of a military department shall avoid scheduling mobili z ation training or pre-mobilization training for a unit of a reserve component of the Armed F orces at a temporary duty location that is outside the normal commuting distance of the unit (as determined pursuant to the regulations prescribed by the Secretary of Defense under subsection (c)) if a suspension of training at such temporary duty location of at least five days is anticipated to occur during any portion of such mobilization or pre-mobilization training. (2) W AI V ER.— T he Secretary of a military department may waive the applicability of the limitation in paragraph (1) to a unit of a reserve component if the Secretary determines that the waiver is in the national security interests of the United States. (3) NOTI C E TO CONGRE S S.—Until December 31, 2014, the Secretary of the military department concerned shall submit written notice of each waiver issued under paragraph (2) to the congressional defense committees. Notice of such waiver shall be so submitted at the time of the issuance of such waiver. (b) NOTICE O FO T H ER SUSPENSIONS OF TRAINING.—Until December 31, 2014, in the event of a suspension of training (other than an anticipated suspension of training described in subsection Terminat i o n d ate . Termination date. 10USC 10101 note.


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 123STA T . 22 8 3 PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9(a) ( 1 )) of a tle a s tf iv e d a y satate mp o r ary d u ty lo c atio n at wh ich one or more units of the reserve components on active duty are en g aged in mo b ili z ation training or pre - mobilization training, the S ecretary of the military department having j urisdiction over such unit or units shall submit written notice of the suspension to the congressional defense committees .N otice of such suspension of training shall be so submitted at the time of such suspension of training. (c) REGULATIONS . —T he Secretaries of the military departments shall administer this section in accordance with regulations pre- scribed by the Secretary of D efense. Such regulations shall apply uniformly among the military departments. SEC.51 5.E VALU A TION O F TEST OF UTILIT Y OF TEST PR EPARATION G UI D ES AND EDUCATION PROGRA M S IN IMPROVING Q UALIFICATIONS OF RECRUITS FOR T H E ARMED FORCES. Section 546 (d) of the J ohn W arner National Defense A uthoriza- tion Act for F iscal Y ear 20 0 7 ( P ublic L aw 10 9–3 64 120 Stat. 2215) is amended— (1) in the second sentence, by stri k ing ‘ ‘in training and unit settings ’ ’ and inserting ‘‘during training and unit assign- ments’’; and (2) by adding at the end the following new sentence ‘‘Data to make the comparison between the two groups shall be derived from e x isting sources, which may include performance ratings, separations, promotions, awards and decorations, and reenlistment statistics.’’. SEC. 51 6 . REPORT ON PRESENCE IN THE ARMED FORCES OF MEM B ERS ASSOCIATED OR AFFILIATED W ITH GROUPS ENGAGED IN PROHIBITED ACTIVITIES. Not later than 1 8 0 days after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Attorney G eneral, submit to the C ommittees on Armed Service of the Senate and the H ouse of Representatives a report on the following: (1) Any active participation by members of the Armed Forces in prohibited activities (as defined by subsection 3.5.8 of Department of Defense Directive 1325.6). (2) The policies of the Department of Defense to prevent individuals who are active participants in such activities from enlisting in the Armed Forces. Subti t leC—Ed u ca ti on and Tr ainin g SEC. 5 2 1. DETAIL OF COMMISSIONED OFFICERS AS STUDENTS AT SCHOOLS OF PSYCHOLOGY. (a) I N GENE R AL.—Chapter 101 of title 10, U nited States Code, is amended by inserting after section 2004a the following new section: ‘ ‘ §20 0 4b.Detailofc o m mi s sio n e d office r sasst u dents at sc h ools of p s y cholo g y ‘‘(a) DETAIL AUT H ORI Z E D .—The Secretary of each military department may detail commissioned officers of the armed forces as students at accredited schools of psychology located in the United States for a period of training leading to the degree of Doctor


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 123STA T . 22 84PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9ofPhil o s o p h y i nc linic a l psycholo g y .N o m o ret han 25 officers from each military d epartment may commence s u ch training in any single fiscal year. ‘ ‘ (b)ELIG I B ILI TYFORDE T A IL. —T o be eligible for detail under subsection (a) , an officer must be a citi z en of the U nited S tates and must— ‘‘( 1 )ha v e served on active duty for a period of not less than t w o years nor more than si x years and be in the pay grade 0–3 or below as of the time the training is to begin and ‘‘(2) sign an agreement that unless sooner separated the officer will— ‘‘( A ) complete the educational course of psychological training; ‘‘( B ) accept transfer or detail as a commissioned officer within the military department concerned when the officer ’ s training is completed; and ‘‘( C ) agree to serve, following completion of the officer’s training, on active duty (or on active duty and in the Selected R eserve) for a period as specified pursuant to subsection (c). ‘‘(c) SER V I C E O BLIGATIO N .—(1) Except as provided in paragraph (2), the agreement of an officer under subsection (b) shall provide that the officer shall serve on active duty for two years for each year or part thereof of the officer’s training under subsection (a). ‘‘(2) The agreement of an officer may authorize the officer to serve a portion of the officer’s service obligation on active duty and to complete the service obligation that remains upon separation from active duty in the Selected Reserve. Under any such agree - ment, an officer shall serve three years in the Selected Reserve for each year or part thereof of the officer’s training under sub- section (a) for any service obligation that was not completed before separation from active duty. ‘‘(d) SELECTION OF OFFICER S FOR DETAIL.—Officers detailed for training under subsection (a) shall be selected on a competitive basis by the Secretary of the military department concerned. ‘‘(e) RELATION OF SERVICE OBLIGATIONS TO OT H ER SERVICE OBLIGATIONS.—Any service obligation incurred by an officer under an agreement entered into under subsection (b) shall be in addition to any service obligation incurred by the officer under any other provision of law or agreement. ‘‘(f) E XP ENSES.—Expenses incident to the detail of officers under this section shall be paid from any funds appropriated for the military department concerned. ‘‘(g) F AIL U RETOCO M PLETE PROGRAM.—(1) An officer who is dropped from a program of psychological training to which detailed under subsection (a) for deficiency in conduct or studies, or for other reasons, may be re q uired to perform active duty in an appro- priate military capacity in accordance with the active duty obliga- tion imposed on the officer under regulations issued by the Secretary of Defense for purposes of this section. ‘‘(2) I n no case shall an officer be required to serve on active duty under paragraph (1) for any period in excess of one year for each year or part thereof the officer participated in the program. ‘‘(h) L IMITATION ON DETAILS.—No agreement detailing an officer of the armed forces to an accredited school of psychology may


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 123STA T . 22 85PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9be e nt e r e di nt o d u rin ga n yp eriod in wh i c h the P re s ident is author - i z ed by l aw to induct persons into the ar m ed f orces in v oluntarily .N othing in this subsection shall affect any agreement entered into during any period when the President is not authorized by law to so induct persons into the armed forces. ’ ’. ( b )CLERICA L AM E ND MEN T . —T he table of sections at the begin- ning of chapter 10 1 of such title is amended by inserting after the item relating to section 2 00 4 a the following new item

‘ 20 0 4b.Detailofc o m mi s sio n e d office r sasst u dents at sc h ools of p s y cholo g y. ’ ’. SEC.52 2. AP P OINTM ENT O F PE R SONS ENRO L LE D IN AD V ANCED CO U RSEOFT H E ARM Y RESERVE OFFICERS ’ TRAININ G CORPS AT MILITARY J UNIOR COLLEGES AS CADETS IN ARMY RESERVE OR ARMY NATIONAL GUARD OF THE UNITED STATES. S ection 210 7 a(h) of title 10 ,U nited States Code, is amended— (1) by stri k ing ‘ ‘17 cadets’’ and inserting ‘‘22 cadets’’ (2) by striking ‘‘17 members’’ and inserting ‘‘22 members’’; and ( 3 ) by striking ‘‘17 such members’’ and inserting ‘‘22 such members’’. SEC. 52 3 .E X PANSION OF CRITERIA FOR APPOINTMENT AS MEM B ER OF THE BOARD OF REGENTS OF THE UNIFORMED SERV - ICES UNIVERSITY OF THE HEALTH SCIENCES. Section 2113a(b)(1) of title 10, United States Code, is amended by striking ‘‘health and health education’’ and inserting ‘‘health care, higher education administration, or public policy’’. SEC. 52 4 . USE OF ARMED FORCES HEALTH PROFESSIONS SCHOLAR- SHIP AND FINANCIAL ASSISTANCE PROGRAM TO INCREASE NUMBER OF HEALTH PROFESSIONALS W ITH S K ILLS TO ASSIST IN PROVIDING MENTAL HEALTH CARE. (a) ADDITI O NAL E LEMENT W IT H IN SCHOLAR S HI P PRO G RAM.—Sec- tion 2121(a) of title 10, United States Code, is amended— (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; (2) by striking ‘‘in the various health professions’’ and inserting ‘‘(A) in the various health professions or ( B )asa health professional with specific skills to assist in providing mental health care to members of the armed forces’’; and (3) by adding at the end the following new paragraph: ‘‘(2) Under the program of a military department, the Secretary of that military department shall allocate a portion of the total number of scholarships to members of the program described in paragraph (1)(B) for the purpose of assisting such members to pursue a degree at the masters and doctoral level in any of the following disciplines: ‘‘(A) Social work. ‘‘(B) Clinical psychology. ‘‘(C) Psychiatry. ‘‘( D ) O ther disciplines that contribute to mental health care programs in that military department.’’. (b) A U THORI Z ED NUM B ERO FM EMBERS OF THE PROGRAM.— Section 2124 of such title is amended— (1) by striking ‘‘The number’’ and inserting ‘‘(a) AUTHORIZED NUMBER OF MEMBERS OF THE PROGRAM.—The number’’; (2) by striking ‘‘ 6 ,000’’ and inserting ‘‘6,300’’; and


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 123STA T . 22 86PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9(3)byad d ing a t t he end the fol lo w ing new su bse c tion

‘(b) MENTALH EALT HPROF E S S I ONALS .—O fthenu m be r of p er - sons designated as members of the program at any time , 3 0 0 may be members of the program described in section 21 21(a)(1)( B ) of this title. ’ ’. SEC.52 5. D E PARTM E N T OF DEFENSE U NDER G RADUATE NURSE TRA I NING PROGRAM. (a) R E V ISION OF CU RRENT SC HOOL OF N URSIN GA UTHORI Z A- TIONS.— (1) RE P EAL OF ESTA B LISH M ENT W ITHIN UNIFORME D SERVICES UNIVERSIT Y OF THE HEALTH SCIENCES.—Section 211 7 of title 10, U nited States Code, is repealed. (2) E STABLISHMENT AS DEPARTMENT OF DEFENSE SCHOOL.— Chapter 10 8 of such title is amended by adding at the end the following new section: ‘ ‘ §2169.Scho o l o fNursing:e s tab lish m ent ‘‘(a) ESTABLISHMENT AUTHORIZED.— T he Secretary of D efense may establish a School of Nursing. ‘‘(b) DEGREE G RANTING AUTHORITY.—The School of Nursing may include a program that awards a bachelor of science in nursing. ‘‘(c) PHASED DEVELOPMENT.—The Secretary of Defense may de v elop the School of Nursing in phases as determined appropriate by the Secretary.’’. (3) CLERICAL AMENDMENTS.— (A) CHAPTER 104 .—The table of sections at the begin- ning of chapter 10 4 of such title is amended by stri k ing the item relating to section 2117. (B) CHAPTER 10 8 .—The table of sections at the begin- ning of chapter 108 of such title is amended by adding at the end the following new item: ‘ ‘ 2169.Scho o l o fNursing:e s tab lish m ent. ’ ’. (b) AUTHORITY TO ESTABLISH UNDERGRADUATE NURSE TRAINING PROGRAM.— (1) I N GENERAL.—Chapter 101 of title 10, United States Code, is amended by adding at the end the following new section: ‘‘§ 2 0 16. U n d ergraduate nurse training p rogram: establish - ment through agreement w ith academic institution ‘‘(a) ESTABLISHMENT AUTHORIZED.—(1) To increase the number of nurses in the armed forces, the Secretary of Defense may enter into an agreement with one or more academic institutions to estab- lish and operate an undergraduate program (in this section referred to as a ‘undergraduate nurse training program’) under which partici- pants will earn a nursing degree and serve as a member of the armed forces. ‘‘(2) The Secretary of Defense may authori z e the participation of members of the other uniformed services in the undergraduate nurse training program if the Secretary of Defense and the Sec- retary of Health and Human Services j ointly determine the partici- pation of such members in the program will facilitate an increase in the number of nurses in the other uniformed services. ‘‘(b) GRADUATION RATES.—An undergraduate nurse training program shall have the capacity to graduate 2 5 students with


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 123STA T . 22 87PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 9ab a chelor o fs c i e n ce d e g ree in t he first class of the p rogra m,50 in the second class, and 1 00 ann u all y thereafter .‘ ‘ ( c )ELEM E NTS . —A n undergraduate nurse training program shall ha v e the follo w ing elements ‘‘(1) I t shall involve an academic partnership with one or more academic institutions with e x isting accredited schools of nursing. ‘‘( 2 ) It shall recruit as participants q ualified individuals with at least two years of appropriate academic preparation, as determined by the S ecretary of D efense. ‘‘(d) LOCA T I ONO FPR O G RAMS.—An academic institution selected to operate an undergraduate nurse training program shall establish the program at or near a military installation. A military installa - tion at or near which an undergraduate nurse training program is established must— ‘‘(1) be one of the ten largest military installations in the U nited States, in terms of the number of active duty personnel assigned to the installation and family members residing on or in the vicinity of the installations and ‘‘(2) have a military treatment facility with inpatient capa- bility designated as a medical center located on the installation or within 10 miles of the installation. ‘‘(e) LIMITATION ON F AC U LT Y .—An agreement entered into under subsection (a) shall not require members of the armed forces who are nurses to serve as faculty members for an undergraduate nurse training program. ‘‘(f) M ILITARY SER V ICE C OMMITMENT.— T he Secretary of Defense shall encourage members of the armed forces to apply to participate in an undergraduate nurse training program. G raduates of the program shall incur a military service obligation in a regular or reserve component, as determined by the Secretary. ’ ’. (2) CLERICAL AMEN D MENT.—The table of sections at the beginning of such chapter is amended by adding at the end the following new item: ‘ ‘ 2016.Underg r a d u a t e nur s e tra i ning p r o gra m: esta bl is h ment through agreement w ith a c ademic institution. ’ ’. (c) UNDERGRADUATE N URSE TRAINING PROGRAM PLAN.—Not later than 1 8 0 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and H ouse of R epresentatives a plan to establish an undergraduate nurse training program in the Depart- ment of Defense in accordance with the authority provided by section 21 69 of title 10, United States Code, as added by subsection (a), section 2016 of such title, as added by subsection (b), or any other authority available to the Secretary. (d) PILOT PROGRAM.— (1) PILOT P ROGRAM RE Q UIRED.—The plan required by sub- section (c) shall provide for the establishment of a pilot program to increase the number of nurses serving in the Armed Forces. (2) IMPLEMENTATION AND DURATION.—The pilot program shall begin not later than J uly 1, 2011, and be of not less than five years in duration. ( 3 ) GRADUATION RATES.—The pilot program shall achieve graduation rates at least equal to the rates required for the undergraduate nurse training program authori z ed by section Deadlin e .10USC2 01 6 n ot e.


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 123STA T . 22 8 8 PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 0 92016ofti t le 10 ,Un ite dS t a te sC ode, as added by s u bse c tion ( b ). ( 4 ) IMPLE ME NTA T IO N R EPORT. —N ot late r t h an2 7 0 days after the date of the enact m ent of this A ct, the Secretary of D efense shall submit to the Committees on Armed Ser v ices of the Senate and H ouse of R e p resentatives a report on the pilot pro g ram, including a description of the program selected to be underta k en, the program ’ s goals, and any additional legal authorities that may be needed to undertake the program. ( 5 ) P RO G RE S S REPORTS.—Not later than 9 0 days after the end of each academic year of the pilot program, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report specifying the number of nurses accessed into the Armed F orces through the program and the number of students accepted for the upcoming academic year. (6) FINAL REPORT.—Not later than one year before the end of the pilot program, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report specifying the number of nurses accessed through the program, evaluating the overall effective - ness of the program, and containing the Secretary’s rec- ommendations regarding w hether the program should be e x tended. (e) EF FE C TON O T H ERN U RSING PROGRAMS.—Notwithstanding the development of undergraduate nurse training programs under the amendments made by this section and subsection (d), the Sec- retary of Defense shall ensure that graduate degree programs in nursing, including advanced practice nursing, continue. (f) EFFECT ON OTHER RECRUITMENT EFFORTS.—Nothing in this section shall be construed as limiting or terminating any current or future program of the Department of Defense related to the recruitment, accession, training, or retention of nurses. SEC.526 . IN C R E A SEINN UMB ER OFP RI V A T E SECTOR CIVI L IANS AUT H ORI Z E D FOR ADMISSION TO NATIONAL DEFENSE UNIVERSIT Y . Section 2167(a) of title 10, United States Code, is amended by striking ‘ ‘10 full-time student positions’’ and inserting ‘‘20 full- time student positions’’. SEC. 52 7 . APPOINTMENTS TO MILITARY SERVICE ACADEMIES FROM NOMINATIONS MADE BY DELE G ATE FROM THE COMMON -W EALTH OF THE NORTHERN MARIANA ISLANDS. (a) UNITE D STATES M ILITAR Y ACADEMY.—Section 4 3 42(a)(10) of title 10, United States Code, is amended by striking ‘‘One cadet’’ and inserting ‘‘ T wo cadets’’. (b) UNITED STATES NA V AL ACADEMY.—Section 6954(a)(10) of such title is amended by striking ‘‘One’’ and inserting ‘‘Two’’. (c) UNITED STATES AIR FORCE ACADEMY.—Section 9342(a)(10) of such title is amended by striking ‘‘One cadet’’ and inserting ‘‘Two cadets’’. (d) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to appointments to the United States Military Academy, the United States Naval Academy, and the United States Air Force Academy beginning with the first class of candidates nominated for appointment to these military service academies after the date of the enactment of this Act. 10USC43 4 2note.


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 123STA T . 22 89PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 09 SEC.528 . ATHL ET I C ASS O CIATIO NF O R THE AIR FORCE ACA D E MY . (a)INGE NE RAL.—Ch a pter903of t i t l e 1 0 ,Un ite dS tate s Code, isa m ended by addin g at the end the follo w ing new se c tion

‘ §9362.Sup p ort o fa t hle t ic pro g ra ms‘ ‘(a) C O R P ORA TI ON F ORS U PPORT A UT H ORI Z E D .—(1) T he Sec - retary of the Air F orce may, in accordance with the laws of the State of incorporation, establish a corporation (in this section referred to as the ‘corporation ’ )tos u pport the athletic programs of the Academy. All stoc k of the corporation shall be owned by the United States and held in the name of and v oted by the Secretary of the Air Force. ‘‘( 2 ) The corporation shall operate e x clusively for charitable, educational, and civic purposes to support the athletic programs of the Academy. ‘‘(b) CORPORATE O R G ANIZATION.—The corporation shall be orga- ni z ed and operated— ‘‘(1) as a nonprofit corporation under section 5 01 (c)(3) of the Internal R evenue Code of 19 86; ‘‘(2) in accordance with this section; and ‘‘(3) pursuant to the laws of the State of incorporation, its articles of incorporation, and its bylaws. ‘‘(c) CORPORATE B OARD OF D IRE C TOR S .—(1) The members of the board of directors of the corporation shall serve without com- pensation as members of the board, except for reasonable travel and other related expenses for attendance at meetings of the board. ‘‘(2) The Secretary of the Air Force may authorize military and civilian personnel of the Air Force under section 1033 of this title to serve, in their official capacities, as members of the board of directors of the corporation, but such personnel shall not hold more than one-third of the directorships. ‘‘(d) TRANSFERS FRO MN ONAPPROPRIATED FUND OPERATION.— The Secretary of the Air Force may, sub j ect to the acceptance of the corporation, transfer to the corporation all title to and owner- ship of the assets and liabilities of the Air Force nonappropriated fund instrumentality whose functions include providing support for the athletic programs of the Academy, including bank accounts and financial reserves in its accounts, e q uipment, supplies, and other personal property, but excluding any interest in real property. ‘‘(e) ACCEPTANCE OF GIFTS.—The Secretary of the Air Force may accept from the corporation funds, supplies, and services for the support of cadets and Academy personnel during their participa- tion in Academy or corporate events related to the athletic programs of the Academy. ‘‘(f) L EASES.—The Secretary of the Air Force may, in accordance with section 266 7 of this title, lease real and personal property to the corporation for purposes related to the athletic programs of the Academy. Funds received from any such lease may be retained and spent by the Secretary to support athletic programs of the Academy. ‘‘(g) COOPERATI V E AGREEMENTS.—The Secretary of the Air Force may enter into cooperative agreements (as described in section 6305 of title 31) with the corporation for purposes related to the athletic programs of the Academy.’’.


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 123STA T . 22 90PUBLIC LA W 111 –84—O CT. 28 , 2009 (b)CLERICA L AM E ND MEN T.—Theta b l e ofs e c t i o n satthebe g in - ning of cha p te r903 ofs u ch title is a m en d edb y adding at the end the follo w ing new item

‘ 9362.Sup p ort o fa t hle t ic pro g ra ms . ’ ’. SEC.529 . LANGU AGE TR A I NING CENTERS FO R M EM B ERSOFT H E ARME D FORCES AND CI V ILIAN EM P LO Y EES OF THE DEPARTMENT OF DEFENSE. (a) P R OG RAM A U T H ORI Z ED.—The S ecretary of D efense may carry out a program to establish language training centers at accredited uni v ersities , senior military colleges, or other similar institutions of higher education for purposes of accelerating the development of foundational e x pertise in critical and strategic languages and regional area studies (as defined by the Secretary of Defense for purposes of this section) for members of the Armed F orces, including members of the reserve components and candidates of the R eserve O fficers ’ Training Corps programs, and civilian employees of the Department of Defense. (b) E LEMENT S .—Each language training center established under the program authori z ed by subsection (a) shall include the following: ( 1 ) Programs to provide that members of the Armed Forces or civilian employees of the Department of Defense who grad- uate from the institution of higher education concerned include members or employees, as the case may be, who are s k illed in the languages and area studies covered by the program from beginning through advanced skill levels. ( 2 ) Programs of language proficiency training for such mem- bers and civilian employees at the institution of higher edu- cation concerned in critical and strategic languages tailored to meet operational readiness re q uirements. (3) Alternative language training delivery systems and modalities to meet language and regional area study require- ments for such members and employees whether prior to deployment, during deployment, or post-deployment. ( 4 ) Programs on critical and strategic languages under the program that can be incorporated into Reserve Officers’ Training Corps programs to facilitate the development of lan- guage skills in such languages among future officers of the Armed Forces. ( 5 ) Training and education programs to expand the pool of qualified instructors and educators on critical and strategic languages and regional area studies under the program for the Armed Forces. ( 6 ) Programs to facilitate and encourage the recruitment of native and heritage speakers of critical and strategic lan- guages under the program into the Armed Forces and the civilian workforce of the Department of Defense and to support the Civilian L inguist Reserve Corps. (c) PARTNERSHI P S W ITH OTHER SCHOOLS.—Any language training center established under the program authorized by sub- section (a) may enter into a partnership with one or more local educational agencies to facilitate the development of skills in critical and strategic languages under the program among students attending the elementary and secondary schools of such agencies who may pursue a military career. 10USC2 001 notepr e c.


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 123STA T . 22 9 1 PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 (d)CO O RDINAT ION .—TheS e cr e ta r yofD efe ns e sha l l ens u re that the lan g uage tra i ning centers esta b lished under the p rogra m authori z ed by subsection (a) are aligned w ith those of the N ational Security E ducation P rogram , the Defense L anguage I nstitute, and other appropriate Department of Defense programs to facilitate and encourage the recruitment of nati v e and heritage spea k ers of critical and strategic languages under the program into the A rmed F orces and the civilian workforce of the Department of Defense and to support the Civilian Linguist R eserve Corps. (e) R EP ORT.—Not later than one year after the date of the establishment of the program authorized by subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on the program. The report shall include the following ( 1 ) A description of each language training center estab - lished under the program. ( 2 ) An assessment of the cost-effectiveness of the program in providing foundational e x pertise in critical and strategic languages and regional area studies in support of the Defense Language Transformation Roadmap. ( 3 ) An assessment of the progress made by each language training center in providing capabilities in critical and strategic languages under the program to members of the Armed Forces and Department of Defense employees. ( 4 ) A recommendation whether the program should be continued and, if so, recommendations as to any modifications of the program that the Secretary considers appropriate. Subti t leD— De f e ns eDe p en d ents ’E du ca ti o n SEC.531 . C ONTI N UA TION O F AUT H O R IT Y TO ASSIST L OCAL E D U - CATIONAL A G ENCIES THAT B ENEFIT DE P ENDENTS OF M EMBERS OF THE ARMED FORCES AND DEPARTMENT OF DEFENSE CI V ILIAN EMPLOYEES. (a) A S SISTAN C ETOSC H OO L S W ITH SI G NI F ICANT N UMB ERS OF M ILITAR Y DEPENDENT STUDENTS.— O f the amount authorized to be appropriated for fiscal year 2 0 10 pursuant to section 301( 5 ) for operation and maintenance for Defense-wide activities, $ 30,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (a) of section 5 7 2 of the National Defense Authorization Act for Fiscal Y ear 200 6 (Public Law 10 9– 163 119 Stat. 3271; 20 U .S.C. 7703b). (b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT CHANGES DUE TO B ASE CLOSURES, FORCE STRUCTURE CHANGES, OR FORCE RELOCATIONS.—Of the amount authorized to be appropriated for fiscal year 2010 pursuant to section 301(5) for operation and mainte- nance for Defense-wide activities, $14,000,000 shall be available only for the purpose of providing assistance to local educational agencies under subsection (b) of such section 572, as amended by section 533 of this Act. (c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this section, the term ‘ ‘local educational agency ’ ’ has the meaning given that term in section 8 013(9) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7713(9)).


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 123STA T . 22 9 2 PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 SEC.532 . IMPA C T AI DFOR C H I L DRE NW ITH SE V ERE DISA B ILITIES. Oftheamoun t autho riz e d to b ea p propriated for fi sc a ly ear 201 0 by section 3 01 (5) for operation and maintenance for D efense -w ide acti v ities ,$ 5,000,000 shall be available for payments under section 3 6 3ofthe F loyd D .S pence N ational Defense A uthorization Act for Fiscal Y ear 2001 (as enacted into law by P ublic L aw 106 – 3 98; 11 4 Stat. 1654A– 7 7; 20 U .S. C . 7703a). SEC. 533. TWO -Y EAR E X TENSION OF A U THORITY FOR ASSISTANCE TO LOCAL EDUCATIONAL A G ENCIES WITH ENROLLMENT CHANGES DUE TO BASE CLOSURES , FORCE STRUCTURE CHANGES, OR FORCE RELOCATIONS. Section 572(b)(4) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3271; 20 U.S.C. 7703b(b)(4)) is amended by stri k in g‘ ‘September 30, 2010 ’ ’ and inserting ‘‘September 30, 2012’’. SEC. 53 4 . AUTHORITY TO EXTEND ELIGIBILITY FOR ENROLLMENT IN DEPARTMENT OF DEFENSE ELEMENTARY AND SEC- ONDARY SCHOOLS TO CERTAIN ADDITIONAL CATEGORIES OF DEPENDENTS. Section 2164 of title 10, United States Code, is amended by adding at the end the following new subsection ‘‘( j ) TUIT I ON - FRE E E NRO L L M ENT OF DE P EN D ENT S OF FOREI G N M ILIT A R Y PERSONNEL R ESIDING ON DOMESTI C MILITARY I NSTALLA- TIONS AND DEPENDENTS OF CERTAIN DECEASED MEM B ERSOFT H E ARMED FORCES. — (1) The Secretary may authorize the enrollment in a Department of Defense education program provided by the Secretary pursuant to subsection (a) of a dependent not otherwise eligible for such enrollment who is the dependent of an individual described in paragraph (2). Enrollment of such a dependent shall be on a tuition-free basis. ‘‘(2) An individual referred to in paragraph (1) is any of the following: ‘‘(A) A member of a foreign armed force residing on a military installation in the United States (including territories, commonwealths, and possessions of the United States). ‘‘( B ) A deceased member of the armed forces who died in the line of duty in a combat-related operation, as designated by the Secretary.’’. SEC. 535. PERMANENT AUTHORITY FOR ENROLLMENT IN DEFENSE DEPENDENTS ’ EDUCATION SYSTEM OF DEPENDENTS OF FOREIGN MILITARY MEMBERS ASSIGNED TO SUPREME HEAD Q UARTERS ALLIED POWERS, EUROPE. (a) PERMANENT ENROLLMENT AUTHORITY.—Subsection (a)(2) of section 1404A of the Defense Dependents’ Education Act of 1978 (20 U.S.C. 923a) is amended by striking ‘‘, and only through the 2010-2011 school year’’. (b) COMBATANT COMMANDER AD V ICE AND ASSISTANCE.—Sub- section (c)(1) of such section is amended by adding at the end the following new sentence: ‘‘The Secretary shall prescribe such methodology with the advice and assistance of the commander of the geographic combatant command with jurisdiction over Mons, Belgium.’’.


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 123STA T . 22 9 3 PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 SEC.536 . D E T E RMINA TI O NO F N U M B ER OF W EI GH TED STUDENT UNITS FOR L OCAL EDUCATIONAL AGENCIES FOR RECEI P TOF BASIC SUPPORT PA Y MENTS UNDER IMPACT AID. Section80 0 3(a) ( 2 )( C )(i) o f t h e El e m enta ry an d Secondary Ed u- cation A ct of 1965 (20 U. S.C. 7 703(a)(2)(C)(i)) i s amended b y stri k in g‘ ‘6, 500 ’ ’ and inserting ‘‘5,000’’. SEC. 53 7 . STUDY ON OPTIONS FOR EDUCATIONAL OPPORTUNITIES FOR DEPENDENT CHILDREN OF MEMBERS OF THE ARMED FORCES WHEN PUBLIC SCHOOLS ATTENDED BY SUCH CHILDREN ARE DETERMINED TO NEED IMPRO V EMENT. (a) S TUDYONOP T I ON SF O R EDU CA TIONA L OPPORTUNITI E S. — (1) STUDY RE Q UIRED.— T he Secretary of D efense shall, in consultation w ith the Secretary of Education, conduct a study ono p tions for educational opportunities that are, or may be, a v ailable for dependent children of members of the Armed F orces who do not attend Department of Defense dependents’ schools when the public elementary and secondary schools attended by such children are determined to be in need of improvement pursuant to section 1116(b) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6316(b)). (2) OPTIONS.—The options to be considered under the study re q uired by paragraph (1) may include the following (A) Education programs offered through the I nternet, including programs that are provided by the Department of Defense through the Internet. ( B ) Charter schools. (C) Such other public school options as the Secretary of Defense, in consultation with the Secretary of Education, considers appropriate for purposes of the study. (3) ELE M ENTS.—The study required by paragraph (1) shall address the following matters: (A) The challenges faced by parents of military families in securing quality elementary and secondary education for their children when the public elementary and sec- ondary schools attended by their children are identified as being in need of improvement. (B) The e x tent to which perceptions of differing degrees of quality in public elementary and secondary schools in different regions of the United States affect plans of mili- tary families to relocate, including relocation pursuant to a permanent change of duty station. (C) The various reasons why military families seek educational opportunities for their children other than those available through local public elementary and sec- ondary schools. (D) The current level of student achievement in public elementary and secondary schools in school districts which have a high percentage of students who are children of military families. (E) The educational needs of children of military fami- lies who are required by location to attend public elementary and secondary schools identified as being in need of improvement. (F) The value and impact of other alternative edu- cational programs for military families.


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 123STA T . 22 94PUBLIC LA W 111 –8 4 —O CT. 28 , 2 0 09 (G)The e xt e n tt ow h ic htheo p tion sr e f erre d to in p a ra g raph ( 2 )wo ul d pro v ide a m eaningful option for edu - cation for militar y children when the pu b lic elementary and secondary schools attended by such children are deter- mined to be in need of improvement . ( H ) The extent to which the options referred to in paragraph (2) would improve the q uality of education avail- able for students with special needs , including students with learning disabilities and gifted students. ( I ) S uch other matters as the Secretary of D efense and Secretary of E ducation consider appropriate for pur- poses of the study. (b) REPORT . —N ot later than M arch 31 ,2 0 10, the Secretary of Defense shall submit to the C ommittee on A rmed Services of the Senate, the Committee on Health, Education, L abor, and P en- sions of the Senate, the Committee on Armed Services of the House of Representatives, and the Committee on Education and Labor of the House of Representatives a report on the study required by subsection (a). The report shall include the following (1) A description of the results of the study. (2) Such recommendations for legislative or administrative action as the Secretary of Defense, in consultation with the Secretary of Education, considers appropriate in light of the results of the study. SEC.538 .C OMPTR O L LER G E N ER A LA UDI TO F ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES FOR DEPENDENT C H ILDREN OF MEM B ERS OF THE ARMED FORCES. (a) I N GENER AL .—The Comptroller General of the U nited States shall conduct an audit of the utili z ation by local educational agen- cies of the assistance specified in subsection (b) provided to such agencies for fiscal years 2001 through 200 9 for the education of dependent children of members of the Armed F orces. The audit shall include— (1) an evaluation of the utilization of such assistance by such agencies and (2) an assessment of the effectiveness of such assistance in improving the quality of education provided to dependent children of members of the Armed Forces. (b) A S S I STAN C E SPECI F IE D .—The assistance specified in this subsection is the following: (1) Assistance provided under the following: (A) Section 5 51 of the Duncan Hunter National Defense Authorization Act for Fiscal Y ear 2009 (Public Law 110 –4 1 7 68 ). ( B ) Section 571 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 119). (C) Section 572 of the J ohn W arner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109– 364; 120 Stat. 2225). (D) Section 574 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (120 Stat. 2226; 20 U.S.C. 7703b note). (E) Section 575 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (120 Stat. 2227; 10 U.S.C. 1788 note).
 * 122 Stat. 44


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 123STA T . 22 95PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 (F)Section572 o f t h e Na tiona lD efen s e Au tho r i z ation Act for Fiscal Y ear 2 0 0 6 ( P u b lic L a w1 0 9– 16 3; 119 Stat . 3271; 20 U .S. C . 7703b). ( G ) Section 57 4 of the National Defense Authorization Act for Fiscal Year 2006 (119 Stat. 3273). ( H ) Section 55 8 of the R onal dW . Rea g an National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375; 118 Stat. 1916). ( I ) Section 559 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (118 Stat. 1917). ( J ) Section 536 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108–136; 117 Stat. 1474). ( K ) Clauses (i) and (ii) of section 8003(b)(2)(H) of the E le m entar y and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(2)(H)). (L) Section 341 of the B ob Stum p National Defense Authorization Act for Fiscal Year 2003 (Public Law 107– 314; 116 Stat. 2514). ( M ) Section 344 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (116 Stat. 2515). (N) Section 351 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1063). ( O ) Section 362 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–76). (P) Section 364 of the National Defense Authorization Act for Fiscal Year 2001 (114 Stat. 1654A–78) (2) Payments made under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (114 Stat. 1654A–77; 20 U.S.C. 7703a). (c) R EPORT . — Not later than one year after the date of the enactment of this Act , the Comptroller General shall submit to the congressional defense committees a report containing the results of the audit re q uired by subsection (a). SEC.539 .SE N SE OF CON GR ESS ON TH E I NTERST A TE CO MP ACT ON E DU CATIONA L OPPORTUNIT Y FOR MILITARY CHILDREN. It is the sense of Congress to— (1) e x press strong support and commendation for all the States that ha v e successfully enacted the Interstate Compact on Educational Opportunity for Military Children; (2) express its strong support and encourage all remaining States to enact the Interstate Compact on Educational Oppor - tunity for Military Children; (3) recognize the importance of the components of the Inter- state Compact on Educational Opportunity for Military Chil- dren, including— (A) the transfer of educational records to expedite the proper enrollment and placement of students; (B) the ability of students to continue their enrollment at a grade level in the receiving State commensurate with their grade level from the sending State;


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 123STA T . 22 96PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 (C)prio ri tyf or a tt end an c etoc h i l dren of m em b er s of the A rmed F orces ass u min g the school district accepts transfer students ( D ) the ability of students to continue their course placement , including but not limited to H onors, I nter - national B accalaureate, Ad v anced P lacement, vocational, technical, and career path w ays courses; ( E ) the recalculation of grades to consider the weights offered by a receiving school for the same performance in the same course when a student transfers from one grading system to another system (for e x ample, number- based system to letter-based system); (F) the waiver of specific courses re q uired for gradua- tion if similar course wor k has been satisfactorily completed in another local education agency or the provision of an alternative means of acquiring required coursework so that graduation may occur on time; and ( G ) the recognition of an appointed guardian as a custo- dial parent while the child ’ s parent or parents are deployed; and ( 4 ) express strong support for S tates to develop a State Council to provide for the coordination among their agencies of government, local education agencies, and military installa- tions concerning the participation of a State in the Interstate Compact on Educational O pportunity for M ilitary Children .Subti t leE—M i s si ngorD e c e a se dP ersons SEC.541 . AD D IT I ON A LR E QU IRE M ENTS F OR ACCOUNTIN G FOR MEM -B ERSOFT H E ARMED FORCES AND DE P ARTMENT OF DEFENSE CI V ILIAN EMPLO Y EES LISTED AS MISSING IN CONFLICTS OCCURRING BEFORE ENACTMENT OF NE W SYSTEM FOR ACCOUNTING FOR MISSING PERSONS. (a) I MPOSIT IO N O F A D DITION ALREQU I R EMENTS. — Section 1509 of title 10, U nited States Code, is amended to read as follows

‘ §1509.Prog r amt or es o lv e p ree n a c tment m i ssing person cases ‘ ‘(a) PRO G RAM REQUIRED; CO V ERED CONFLI C TS.— T he Secretary of Defense shall implement a comprehensive, coordinated, integrated, and fully resourced program to account for persons described in subparagraph (A) or (B) of section 151 3 (1) of this title who are unaccounted for from the following conflicts: ‘‘(1) W orld War II during the period beginning on December 7, 1941, and ending on December 31, 194 6, including members of the armed forces who were lost during flight operations in the Pacific theater of operations covered by section 576 of the N ational Defense Authori z ation Act for Fiscal Y ear 2 000 (Public L aw 106 – 65; 10 U.S.C. 1501 note). ‘‘(2) The Cold War during the period beginning on Sep- tember 2, 1945, and ending on August 21, 1991. ‘‘(3) The K orean War during the period beginning on J une 27, 1950, and ending on January 31, 1955. ‘‘(4) The Indochina War era during the period beginning on July 8, 1959, and ending on May 15, 1975.


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 123STA T . 22 97PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 ‘ ‘ (5)TheP e rsianGulfW ar d urin gt he p eri o d b eginning on A ugust 2,19 9 0, and ending on F ebruar y 2 8, 1991 . ‘‘( 6 ) S u c h other conflicts in w hich m embers of the armed forces ser v ed as the Secretary of D efense may designate. ‘‘(b) IMPLE ME NTA T IO NP R O C E S S. — (1) The Secretary of Defense shall implement the program within the Department of Defense P O W /M IA accounting community. ‘‘(2) For purposes of paragraph (1), the term ‘POW/MIA accounting community ’ means ‘‘(A) The Defense Prisoner of War/Missing Personnel Office (DPMO). ‘‘( B ) The J oint POW/MIA Accounting C ommand (JPAC). ‘‘(C) The Armed Forces D N A Identification L aboratory (AFDIL). ‘‘(D) The Life Sciences Eq uipment Laboratory of the Air Force (LSEL). ‘‘(E) The casualty and mortuary affairs offices of the mili - tary departments. ‘‘(F) Any other element of the Department of Defense whose mission (as designated by the Secretary of Defense) involves the accounting for and recovery of members of the armed forces who are missing in action, prisoners of war, or unaccounted for. ‘‘(c) TREATMENT AS MISSIN G PERSONS.—Each unaccounted for person covered by subsection (a) shall be considered to be a missing person for purposes of the applicability of other provisions of this chapter to the person. ‘‘(d) ESTA B LIS H MENT O F PERSONNEL FILES.—(1) The Secretary of Defense shall ensure that a personnel file is established and maintained for each person covered by subsection (a) if the Sec- retary— ‘‘(A) possesses any information relevant to the status of the person or ‘‘(B) receives any new information regarding the missing person as provided in subsection (e). ‘‘(2) The Secretary of Defense shall ensure that each file estab- lished under this subsection contains all relevant information per- taining to a person covered by subsection (a) and is readily acces- sible to all elements of the department, the combatant commands, and the armed forces involved in the effort to account for the person. ‘‘( 3 ) Each file established under this subsection shall be handled in accordance with, and sub j ect to the provisions of, section 1506 of this title in the same manner as applies to the file of a missing person otherwise subject to such section. ‘‘(e) R E V IE W OF STAT U SRE Q UIREMENTS.—(1) If new information (as described in paragraph (3)) is found or received that may be related to one or more unaccounted for persons covered by sub- section (a), whether or not such information specifically relates (or may specifically relate) to any particular such unaccounted for person, that information shall be provided to the Secretary of Defense. ‘‘(2) U pon receipt of new information under paragraph (1), the Secretary shall ensure that— ‘‘(A) the information is treated under paragraph (2) of subsection (c) of section 1505 of this title, relating to addition Records.


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 123STA T . 22 98PUBLIC LA W 111 – 8 4—O CT. 28 , 2 0 09 ofthein fo rma tion to the p er s onne l file of a person an d notifi c a - tion re qu irements , in the same manner as information recei v ed under para g raph (1) under such su b section and ‘ ‘( B ) the information is treated under paragraph ( 3 )of subsection (c) and subsection (d) of such section, relating to a board revie w under such section, in the same manner as information received under paragraph (1) of such subsection (c) . ‘‘(3) F or purposes of this subsection, new information is informa- tion that is credible and that — ‘‘( A ) is found or received after N ovember 1 8 ,1 9 9 7 ,b y a U nited S tates intelligence agency, by a D epartment of Defense agency, or by a person specified in section 1 504 (g) of this title; or ‘‘(B) is identified after November 18, 1997, in records of the United States as information that could be relevant to the case of one or more unaccounted for persons covered by subsection (a). ‘‘(f) CO O RDINAT ION REQU IRE M ENT S .—(1) I n establishing and car- rying out the program, the Secretary of Defense shall coordinate with the Secretaries of the military departments, the Chairman of the J oint Chiefs of Staff, and the commanders of the combatant commands. ‘‘( 2 ) In carrying out the program, the Secretary of Defense shall establish close coordination with the Department of State, the Central Intelligence Agency, and the National Security Council to enhance the ability of the Department of Defense POW/M IA accounting community to account for persons covered by subsection (a). ’ ’. (b) C L ERI C AL AMENDMENT.— T he table of sections at the begin- ning of chapter 7 6 of such title is amended by stri k ing the item relating to section 1509 and inserting the following new item

‘ 1509.Prog r amt or es o lv e p ree n a c tment m i ssing person cases. ’ ’. (c) CON F ORMIN G AMENDMENT.—Section 1513(1) of such title is amended in the matter after subparagraph (B) by striking ‘‘section 1509(b) of this title who is required by section 1509(a)(1) of this title’’ and inserting ‘‘subsection (a) of section 1509 of this title who is required by subsection (b) of such section’’. (d) IM P LEMENTATION.— (1) PRIORIT Y .—A priority of the program required by section 1509 of title 10, United States Code, as amended by subsection (a), to resolve missing person cases arising before the enactment of chapter 76 of such title by section 569 of the National Defense Authori z ation Act for Fiscal Y ear 1996 (Public L aw 104 – 106; 110 Stat. 336) shall be the return of missing persons to United States control alive. (2) ACCOUNTING FOR GOAL.—In implementing the program, the Secretary of Defense, in coordination with the officials specified in subsection (f)(1) of section 1509 of title 10, United States Code, shall provide such funds, personnel, and resources as the Secretary considers appropriate to increase significantly the capability and capacity of the Department of Defense, the Armed Forces, and commanders of the combatant commands to account for missing persons so that, beginning with fiscal year 2015, the POW/MIA accounting community has sufficient 10USC 1 5 0 9note.


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 123STA T . 22 9 9 PUBLIC LA W 111 –84—O CT. 28 , 2 0 09 resou r c es t oe n sure t ha tat l east 20 0 mi ssin gp ersons are accounte df or under the program annuall y.(3)DEFIN I T I O N S . —I n this su b section ( A ) T he term ‘ ‘accounted for ’ ’ has the meaning gi v en such term in section 15 13(3)( B ) of title 10 ,U nited S tates C ode. (B) The term ‘‘ POW/M IA accounting community’’ has the meaning given such term in section 150 9 (b)(2) of such title. SEC.542 . POLI C YAND P R OCED U RES ON M EDIA ACCESS AND A T TEND - ANCE B Y F AMILY MEMBERS AT CEREMONIES FOR T H EDI G - NIFIED TRANSFER OF REMAINS OF MEMBERS OF THE ARMED FORCES W HODIEO V ERSEAS. (a) DE PAR T M ENT OF DEFENSE PO L I CY AN D PROCED U RES ON MEDIA ACCESS AT CEREMONIES FOR DI G NIFIED TRANSFER OF R EMAINS OF MEM B ERSOFT H E ARMED F ORCES WHO DIE O V ER - SEAS.— (1) POLICY RE Q UIRED.— N ot later than April 1, 2010, the Secretary of Defense shall prescribe a policy guaranteeing media access at ceremonies for the dignified transfer of remains of members of the Armed Forces w ho die while located or serving overseas (in this section referred to as ‘‘military decedents’’) when approved by the primary ne x tof k in of such military decedents. (2) PROCEDURES.—The policy developed under paragraph (1) shall include procedures to be followed by the military departments in conducting appropriate ceremonies for the dig- nified transfer of remains of military decedents. The procedures shall be uniform across the military departments except to the extent necessary to reflect the traditional practices or cus- toms of a particular military department. (3) E LEMENTS.—The policy developed under paragraph (1) shall include, but not be limited to, the following: (A) Provision for access by media representatives to transfers described in paragraph (1) if approved in advance by the primary next of kin of the military decedent or their designee. (B) Procedures for designating with certainty who is authori z ed to make the decision to approve media access at transfer ceremonies described in that paragraph under reasonable, foreseeable circumstances. (C) Conditions for coverage that media representatives must comply with during such transfer ceremonies, and procedures for ensuring agreement in advance by media representatives with the conditions for coverage prescribed by military authorities. (D) Procedures for the waiver by the primary next of kin or other designees of Departmental polices relating to delays in release of casualty information to the media and general public, when such waiver is re q uired. (b) TRANSPORTATION TO TRANSFER CEREMONIES.— (1) PROVISION OF TRANSPORTATION REQUIRED.—Section 4 11f of title 3 7, United States Code, is amended— (A) by redesignating subsections (e) and (f) as sub- sections (f) and (g), respectively and Deadlin e .10USC 1 482 n ot e.