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(5) The routine of the school environment can be 
a source of stability for military children as they cope 
with the disruptive challenges caused by the deploy-
ment of a parent or a relocation. 
(b) SENSE OF SENATE.—It is the sense of the Senate 
to— 
(1) express strong support and commendation for 
Alabama, Alaska, Arizona, Colorado, Connecticut, 
Delaware, Florida, Hawaii, Indiana, Iowa, Kansas, 
Kentucky, Maryland, Michigan, Mississippi, Mis-
souri, Nevada, North Carolina, Oklahoma, Texas, Vir-
ginia, and Washington as States that have success-
fully 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 Opportunity for Military Children; 
(3) recognize the importance of the components 
of the Interstate Compact on Educational Oppor-
tunity for Military Children, including— 
(A) the transfer of educational records to ex-
pedite the proper enrollment and placement of 
students; 
(B) the ability of students to continue their 
enrollment at a grade level in the receiving State
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commensurate with their grade level from the 
sending State; 
(C) priority for attendance to children of 
members of the Armed Forces assuming the 
school district accepts transfer students; 
(D) the ability of students to continue their 
course placement, including but not limited to 
Honors, International Baccalaureate, Advanced 
Placement, vocational, technical, and career 
pathways 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 an-
other system (for example, number-based system 
to letter-based system); 
(F) the waiver of specific courses required 
for graduation if similar course work has been 
satisfactorily completed in another local edu-
cation 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 guard-
ian as a custodial parent while the child’s par-
ent or parents are deployed; and
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(4) express strong support for States to develop 
a State Council to provide for the coordination 
among their agencies of government, local education 
agencies, and military installations concerning the 
participation of a State in the Interstate Compact on 
Educational Opportunity for Military Children. 
SEC. 537. COMPTROLLER GENERAL AUDIT OF ASSISTANCE 
TO LOCAL EDUCATIONAL AGENCIES FOR DE-
PENDENT CHILDREN OF MEMBERS OF THE 
ARMED FORCES. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall conduct an audit of the utilization by 
local educational agencies of the assistance specified in sub-
section (b) provided to such agencies for fiscal years 2001 
through 2009 for the education of dependent children of 
members of the Armed Forces. The audit shall include— 
(1) an evaluation of the utilization of such as-
sistance by such agencies; and 
(2) an assessment of the effectiveness of such as-
sistance in improving the quality of education pro-
vided to dependent children of members of the Armed 
Forces. 
(b) ASSISTANCE SPECIFIED.—The assistance specified 
in this subsection is— 
(1) assistance provided under—
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(A) section 572 the National Defense Au-
thorization Act for Fiscal Year 2006 (Public 
Law 109–163; 119 Stat. 3271; 20 U.S.C. 7703b); 
(B) section 559 of the Ronald W. Reagan 
National Defense Authorization Act for Fiscal 
Year 2005 (Public Law 108–375; 118 Stat. 
1917); 
(C) section 536 of the National Defense Au-
thorization Act for Fiscal Year 2004 (Public 
Law 108–136; 117 Stat. 1474); 
(D) section 341 of the Bob Stump National 
Defense Authorization Act for Fiscal Year 2003 
(Public Law 107–314; 116 Stat. 2514); 
(E) section 351 of the National Defense Au-
thorization Act for Fiscal Year 2002 (Public 
Law 107–107; 115 Stat. 1063); or 
(F) section 362 of the Floyd D. Spence Na-
tional Defense Authorization Act for Fiscal Year 
2001 (as enacted into law by Public Law 106– 
398; 114 Stat. 1654A–76); and 
(2) payments made under section 363 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–77; 20 U.S.C. 7703a).
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(c) REPORT.—Not later than March 1, 2010, the 
Comptroller General shall submit to the congressional de-
fense committees a report containing the results of the audit 
required by subsection (a). 
SEC. 538. AUTHORITY TO EXTEND ELIGIBILITY FOR EN-
ROLLMENT IN DEPARTMENT OF DEFENSE EL-
EMENTARY AND SECONDARY SCHOOLS TO 
CERTAIN ADDITIONAL CATEGORIES OF DE-
PENDENTS. 
Section 2164 of title 10, United States Code, is amend-
ed by adding at the end the following new subsection: 
‘‘(j) TUITION-FREE ENROLLMENT OF DEPENDENTS OF 
FOREIGN MILITARY PERSONNEL RESIDING ON DOMESTIC 
MILITARY INSTALLATIONS AND DEPENDENTS OF CERTAIN 
DECEASED MEMBERS OF THE ARMED FORCES.—(1) The 
Secretary may authorize the enrollment in an 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 para-
graph (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 (in-
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† HR 2647 EAS 
cluding 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.’’. 
Subtitle E—Military Justice and 
Legal Assistance Matters 
SEC. 541. INDEPENDENT REVIEW OF JUDGE ADVOCATE RE-
QUIREMENTS OF THE DEPARTMENT OF THE 
NAVY. 
(a) INDEPENDENT PANEL FOR REVIEW.— 
(1) ESTABLISHMENT.—There is hereby estab-
lished an independent panel to review the judge advo-
cate requirements of the Department of the Navy. 
(2) COMPOSITION.—The panel shall be composed 
of five members, appointed by the Secretary of De-
fense from among private United States citizens who 
have expertise in law, military manpower policies, 
the missions of the Navy and Marine Corps, and the 
current responsibilities of Navy and Marine Corps 
judge advocates in ensuring competent legal represen-
tation and advice to commanders. 
(3) CHAIR.—The chair of the panel shall be ap-
pointed by the Secretary from among the members of 
the panel appointed under paragraph (2).
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(4) PERIOD
OF
APPOINTMENT; VACANCIES.— 
Members shall be appointed for the life of the panel. 
Any vacancy in the panel shall be filled in the same 
manner as the original appointment. 
(5) MEETINGS.—The panel shall meet at the call 
of the chair. 
(6) DEADLINE FOR APPOINTMENTS.—All original 
appointments to the panel shall be made not later 
than April 1, 2010. 
(7) FIRST MEETING.—The chair shall call the 
first meeting of the panel not later than June 1, 2010. 
(b) DUTIES.— 
(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 respon-
sibilities, 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 paragraph (1), the panel shall— 
(A) review the emergent operational law re-
quirements of the Navy and Marine Corps, in-
cluding requirements for judge advocates on joint
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task forces, in support of rule of law objectives in 
Iraq and Afghanistan, and in operational units; 
(B) review new requirements to support the 
Office 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; 
(D) review the role of the Judge Advocate 
General of the Navy, as the senior uniformed 
legal officer of the Department of the Navy, to 
determine whether additional authority for the 
Judge Advocate General over manpower policies 
and assignments of judge advocates in the Navy 
and Marine Corps is warranted; 
(E) review directives issued by the Navy 
and the Marine Corps pertaining to jointly- 
shared missions requiring legal support;
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(F) review career patterns for Marine Corps 
judge advocates in order to identify and validate 
assignments to nonlegal billets required for pro-
fessional development and promotion; and 
(G) review, evaluate, and assess such other 
matters and materials as the panel considers ap-
propriate for purposes of the study. 
(3) UTILIZATION OF OTHER STUDIES.—In car-
rying 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 Solutions 
entitled ‘‘An Analysis of Navy JAG Corps Future 
Manpower Requirements’’. 
(4) REPORT.—Not later than 120 days after its 
first meeting under subsection (a)(7), the panel shall 
submit to the Secretary of Defense and the Commit-
tees on Armed Services of the Senate and the House 
of Representatives a report on the study. The report 
shall include— 
(A) the findings and conclusions of the 
panel as a result of the study; and
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(B) any recommendations for legislative or 
administrative action that the panel considers 
appropriate in light of the study. 
(c) PERSONNEL MATTERS.— 
(1) PAY
OF
MEMBERS.—(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) TRAVEL
EXPENSES.—The members of the 
panel shall be allowed travel expenses, including per 
diem in lieu of subsistence, at rates authorized for 
employees of agencies under subchapter I of chapter 
57 of title 5, United States Code, while away from 
their homes or regular places of business in the per-
formance or services for the panel. 
Subtitle F—Military Family 
Readiness Matters 
SEC. 551. ADDITIONAL MEMBERS ON THE DEPARTMENT OF 
DEFENSE 
MILITARY 
FAMILY 
READINESS 
COUNCIL. 
Section 1781a(b)(1) of title 10, United States Code, is 
amended—
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† HR 2647 EAS 
(1) by redesignating subparagraphs (C) and (D) 
as subparagraphs (D) and (E), respectively; 
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraph (C): 
‘‘(C) In addition to the representatives appointed 
under subparagraph (B)— 
‘‘(i) one representative from the National 
Guard, who shall be appointed by the Secretary 
of Defense; and 
‘‘(ii) one representative from a reserve com-
ponent of the armed forces (other than the Na-
tional Guard), who shall be so appointed.’’; and 
(3) in subparagraph (E), as redesignated by 
paragraph (1), by striking ‘‘subparagraph (B)’’ and 
inserting ‘‘subparagraphs (B) and (C)’’. 
SEC. 552. COMPREHENSIVE PLAN ON PREVENTION, DIAG-
NOSIS, AND TREATMENT OF SUBSTANCE USE 
DISORDERS 
AND 
DISPOSITION 
OF 
SUB-
STANCE ABUSE OFFENDERS IN THE ARMED 
FORCES. 
(a) REVIEW AND ASSESSMENT OF CURRENT CAPABILI-
TIES.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall, in consultation with the Secretaries of
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† HR 2647 EAS 
the military departments, conduct a comprehensive 
review of the following: 
(A) The programs and activities of the De-
partment of Defense for the prevention, diag-
nosis, and treatment of substance use disorders 
in members of the Armed Forces. 
(B) The policies of the Department of De-
fense relating to the disposition of substance 
abuse offenders in the Armed Forces, including 
disciplinary action and administrative separa-
tion. 
(2) ELEMENTS.—The review conducted under 
paragraph (1) shall include, but not be limited to, an 
assessment of each of the following: 
(A) The current state and effectiveness of the 
programs of the Department of Defense and the 
military departments relating to the prevention, 
diagnosis, and treatment of substance use dis-
orders. 
(B) The adequacy of the availability of and 
access to care for substance abusers in military 
medical treatment facilities and under the 
TRICARE program. 
(C) The adequacy of oversight by the De-
partment of Defense of programs relating to the
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prevention, diagnosis, and treatment of substance 
abuse in members of the Armed Forces. 
(D) The adequacy and appropriateness of 
current credentials and other requirements for 
healthcare professionals treating members of the 
Armed Forces with substance use disorders. 
(E) The advisable ratio of physician and 
nonphysician care providers for substance use 
disorders to members of the Armed Forces with 
such disorders. 
(F) The adequacy and appropriateness of 
protocols and directives for the diagnosis and 
treatment of substance use disorders in members 
of the Armed Forces and for the disposition, in-
cluding disciplinary action and administrative 
separation, of members of the Armed Forces who 
abuse substances. 
(G) The adequacy of the availability of and 
access to care for substance use disorders for 
members of the reserve components of the Armed 
Forces, including an identification of any obsta-
cles that are unique to the prevention, diagnosis, 
and treatment of substance use disorders and the 
appropriate disposition of substance abuse of-
fenders (including disciplinary action and ad-
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† HR 2647 EAS 
ministrative separation) in members of the re-
serve components of the Armed Forces. 
(H) The adequacy of the prevention, diag-
nosis, and treatment of substance use disorders 
in family members of members of the Armed 
Forces. 
(I) Any gaps in the current capabilities of 
the Department of Defense for the prevention, di-
agnosis, and treatment of substance use disorders 
in members of the Armed Forces. 
(3) REPORT.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of De-
fense shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a 
report setting forth the findings and recommendations 
of the Secretary as a result of the review conducted 
under paragraph (1). The report shall— 
(A) set forth the findings and recommenda-
tions of the Secretary regarding each element of 
the review specified in paragraph (2); 
(B) set forth relevant statistics on the fre-
quency of substance use disorders, disciplinary 
actions, and administrative separations for sub-
stance abuse in members of the regular compo-
nents of the Armed Forces, members of the re-
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† HR 2647 EAS 
serve component of the Armed Forces, and to the 
extent applicable, dependents of such members 
(including spouses and children); and 
(C) include such other findings and rec-
ommendations on improvements to the current 
capabilities of the Department of Defense for the 
prevention, diagnosis, and treatment of substance 
use disorders in members of the Armed Forces 
and the policies relating to the disposition, in-
cluding disciplinary action and administrative 
separation, of members of the Armed Forces for 
substance abuse, as the Secretary considers ap-
propriate. 
(b) PLAN FOR IMPROVEMENT AND ENHANCEMENT OF 
PROGRAMS AND POLICIES.— 
(1) PLAN REQUIRED.—Not later than 270 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the congressional de-
fense committees a comprehensive plan for the im-
provement and enhancement of the following: 
(A) The programs and activities of the De-
partment of Defense for the prevention, diag-
nosis, and treatment of substance use disorders 
in members of the Armed Forces and their de-
pendent family members.
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(B) The policies of the Department of De-
fense relating to the disposition of substance 
abuse offenders in the Armed Forces, including 
disciplinary action and administrative separa-
tion. 
(2) BASIS.—The comprehensive plan required by 
paragraph (1) shall take into account the following: 
(A) The results of the review and assessment 
conducted under subsection (a). 
(B) Similar initiatives of the Secretary of 
Veterans Affairs to expand and improve care for 
substance use disorders among veterans, includ-
ing the programs and activities conducted under 
title I of the Veterans’ Mental Health and Other 
Care Improvements Act of 2008 (Public Law 
110–387; 112 Stat. 4112). 
(3) COMPREHENSIVE STATEMENT OF POLICY.— 
The comprehensive plan required by paragraph (1) 
shall include a comprehensive statement of the fol-
lowing: 
(A) The policy of the Department of Defense 
regarding the prevention, diagnosis, and treat-
ment of substance use disorders in members of 
the Armed Forces and their dependent family 
members.
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† HR 2647 EAS 
(B) The policies of the Department of De-
fense relating to the disposition of substance 
abuse offenders in the Armed Forces, including 
disciplinary action and administrative separa-
tion. 
(4) AVAILABILITY
OF
SERVICES
AND
TREAT-
MENT.—The comprehensive plan required by para-
graph (1) shall include mechanisms to ensure the 
availability to members of the Armed Forces and 
their dependent family members of a core of evidence- 
based practices across the spectrum of medical and 
non-medial services and treatments for substance use 
disorders. 
(5) PREVENTION
AND
REDUCTION
OF
DIS-
ORDERS.—The comprehensive plan required by para-
graph (1) shall include mechanisms to facilitate the 
prevention and reduction of substance use disorders 
in members of the Armed Forces through science-based 
initiatives, including education programs, for mem-
bers of the Armed Forces and their families. 
(6) SPECIFIC
INSTRUCTIONS.—The comprehen-
sive plan required by paragraph (1) shall include 
each of the following: 
(A) SUBSTANCES OF ABUSE.—Instructions 
on the prevention, diagnosis, and treatment of
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substance abuse in members of the Armed Forces, 
including the abuse of alcohol, illicit drugs, and 
nonmedical use and abuse of prescription drugs. 
(B) 
HEALTHCARE
PROFESSIONALS.—In-
structions on— 
(i) appropriate training of healthcare 
professionals in the prevention, screening, 
diagnosis, and treatment of substance use 
disorders in members of the Armed Forces; 
(ii) appropriate staffing levels for 
healthcare professionals at military medical 
treatment facilities for the prevention, 
screening, diagnosis, and treatment of sub-
stance use disorders in members of the 
Armed Forces; and 
(iii) 
such 
uniform 
training 
and 
credentialing requirements for physician 
and nonphysician healthcare professionals 
in the prevention, screening, diagnosis, and 
treatment of substance use disorders in 
members of the Armed Forces as the Sec-
retary considers appropriate. 
(C) SERVICES
FOR
DEPENDENT
FAMILY 
MEMBERS.—Instructions on the availability of 
services for substance use disorders for dependent
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† HR 2647 EAS 
family members of members of the Armed Forces, 
including instructions on making such services 
available to such dependents to the maximum ex-
tent practicable. 
(D) RELATIONSHIP BETWEEN DISCIPLINARY 
ACTION AND TREATMENT.—Policy on the rela-
tionship between disciplinary actions and ad-
ministrative separation processing and preven-
tion and treatment of substance use disorders in 
members of the Armed Forces. 
(E) CONFIDENTIALITY.—Recommendations 
regarding policies pertaining to confidentiality 
for members of the Armed Forces in seeking or 
receiving services or treatment for substance use 
disorders. 
(F) PARTICIPATION
OF
CHAIN
OF
COM-
MAND.—Policy on appropriate consultation, ref-
erence to, and involvement of the chain of com-
mand of members of the Armed Forces in mat-
ters relating to the diagnosis and treatment of 
substance abuse and disposition of military 
members who abuse substances. 
(G) CONSIDERATION OF GENDER.—Instruc-
tions on gender specific requirements, if appro-
priate, in the prevention, diagnosis, treatment,
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† HR 2647 EAS 
and management of substance use disorders in 
members of the Armed Forces, including gender 
specific care and treatment requirements. 
(H) 
COORDINATION
WITH
OTHER 
HEALTHCARE INITIATIVES.—Instructions on the 
integration of efforts on the prevention, diag-
nosis, treatment, and management of substance 
use disorders in members of the Armed Forces 
with efforts to address co-occurring health care 
disorders (such as post-traumatic stress disorder 
(PTSD) and depression) and suicide prevention. 
(7) OTHER ELEMENTS.—In addition to the mat-
ters specified in paragraph (3), the comprehensive 
plan required by paragraph (1) shall include the fol-
lowing: 
(A) IMPLEMENTATION
PLAN.—An imple-
mentation plan for the achievement of the goals 
of the comprehensive plan, including goals relat-
ing to the following: 
(i) Enhanced education of members of 
the Armed Forces and their families regard-
ing substance use disorders. 
(ii) Enhanced and improved identi-
fication and diagnosis of substance use dis-
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† HR 2647 EAS 
orders in members of the Armed Forces and 
their families. 
(iii) Enhanced and improved access of 
members of the Armed Forces to services 
and treatment for and management of sub-
stance use disorders. 
(iv) Appropriate staffing of military 
medical treatment facilities and other facili-
ties for the treatment of substance use dis-
orders in members of the Armed Forces. 
(B) BEST
PRACTICES.—The incorporation 
of evidence-based best practices utilized in cur-
rent military and civilian approaches to the pre-
vention, diagnosis, treatment, and management 
of substance use disorders. 
(C) AVAILABLE RESEARCH.—The incorpora-
tion of applicable results of available studies, re-
search, and academic reviews on the prevention, 
diagnosis, treatment, and management of sub-
stance use disorders. 
(8) 
UPDATE
IN
LIGHT
OF
INDEPENDENT 
STUDY.—Upon the completion of the study required 
by subsection (c), the Secretary of Defense shall— 
(A) in consultation with the Secretaries of 
the military departments, make such modifica-
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† HR 2647 EAS 
tions and improvements to the comprehensive 
plan required by paragraph (1) as the Secretary 
of Defense considers appropriate in light of the 
findings and recommendations of the study; and 
(B) submit to the congressional defense com-
mittees a report setting forth the comprehensive 
plan as modified and improved under subpara-
graph (A). 
(c) INDEPENDENT REPORT ON SUBSTANCE USE DIS-
ORDERS
PROGRAMS
FOR
MEMBERS
OF
THE
ARMED 
FORCES.— 
(1) STUDY REQUIRED.—Upon completion of the 
policy review required by subsection (a), the Secretary 
of Defense shall provide for a study on substance use 
disorders programs for members of the Armed Forces 
to be conducted by the Institute of Medicine of the Na-
tional Academies of Sciences or such other inde-
pendent entity as the Secretary shall select for pur-
poses of the study. 
(2) ELEMENTS.—The study required by para-
graph (1) shall include a review and assessment of the 
following: 
(A) The adequacy and appropriateness of 
protocols for the diagnosis, treatment, and man-
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agement of substance use disorders in members of 
the Armed Forces. 
(B) The adequacy of the availability of and 
access to care for substance use disorders in mili-
tary medical treatment facilities and under the 
TRICARE program. 
(C) The adequacy and appropriateness of 
current credentials and other requirements for 
physician and non-physician healthcare profes-
sionals treating members of the Armed Forces 
with substance use disorders. 
(D) The advisable ratio of physician and 
non-physician care providers for substance use 
disorders to members of the Armed Forces with 
such disorders. 
(E) The adequacy of the availability of and 
access to care for substance use disorders for 
members of the reserve components of the Armed 
Forces when compared with the availability of 
and access to care for substance use disorders for 
members of the regular components of the Armed 
Forces. 
(F) The adequacy of the prevention, diag-
nosis, treatment, and management of substance 
use disorder programs for dependent family
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† HR 2647 EAS 
members of members of the Armed Forces, wheth-
er such family members suffer from their own 
substance use disorder or because of the substance 
use disorder of a member of the Armed Forces. 
(G) Such other matters as the Secretary 
considers appropriate for purposes of the study. 
(3) REPORT.—Not later than two years after the 
date of the enactment of this Act, the entity con-
ducting the study required by paragraph (1) shall 
submit to the Secretary of Defense and the congres-
sional defense committees a report on the results of 
the study. The report shall set forth the findings and 
recommendations of the entity as a result of the 
study. 
SEC. 553. MILITARY COMMUNITY SUPPORT FOR CHILDREN 
WITH AUTISM AND THEIR FAMILIES. 
(a) POLICY ON MILITARY COMMUNITY SUPPORT RE-
QUIRED.—The Secretary of Defense shall develop and im-
plement a policy for the Department of Defense on the sup-
port of military children with autism and their families. 
The policy shall seek to establish and further an integrated, 
family-centered approach to providing services to military 
children with autism and their families by leveraging the 
resources of local military communities and local and na-
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† HR 2647 EAS 
tional public and private entities devoted to research and 
services for autism. 
(b) PROGRAM ON SUPPORT.— 
(1) PROGRAM REQUIRED.—In carrying out the 
policy required by subsection (a), the Secretary shall 
develop and carry out a program on support for mili-
tary children with autism and their families. 
(2) ELEMENTS.—The program required by this 
subsection shall provide for broad-based services, in-
cluding the following: 
(A) Research. 
(B) Early intervention. 
(C) Evidence-based therapeutic and medical 
services. 
(D) Education and training on autism for 
family members. 
(E) Appropriate coordination with applica-
ble school programs. 
(F) Vocational training for adolescent mili-
tary children with autism. 
(G) Family counseling for families of mili-
tary children with autism. 
(3) PILOT PROJECTS.—In carrying out the pro-
gram required by this subsection, the Secretary shall 
conduct one or more pilot projects to assess the effec-
185 
† HR 2647 EAS 
tiveness of various approaches to developing and en-
hancing integrated community support for military 
children with autism, including adolescent military 
children with autism, and their families utilizing the 
program elements specified in paragraph (2). 
(4) CONSULTATION.—For purposes of carrying 
out the requirements of this subsection, the Secretary 
shall establish a partnership with one or more entities 
(whether public or private) that provide services or 
support for, or conduct research on, individuals with 
autism spectrum disorder and their families. 
(c) REPORTS.— 
(1) INITIAL REPORT.—Not later than 60 days 
after the date of the enactment of this Act, the Sec-
retary shall submit to the congressional defense com-
mittees a report setting forth the actions the Secretary 
proposes to take to carry out this section and a pro-
posed schedule for the taking of such actions. 
(2) PILOT PROJECTS.—Not later than 60 days 
after the date of the completion of the pilot project or 
projects conducted under subsection (b)(3), the Sec-
retary shall submit to the congressional defense com-
mittees a report on the pilot project or projects. The 
report shall include a description of the pilot project 
or projects, an assessment of the lessons learned from
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† HR 2647 EAS 
the pilot project or projects, and a discussion of the 
manner in which the lessons so learned shall be inte-
grated into the policy required by subsection (a) and 
the program required by subsection (b). 
(d) FUNDING.—Of the amount authorized to be appro-
priated for fiscal year 2010 pursuant to section 301(a)(5) 
for operation and maintenance, Defense-wide activities, 
$5,000,000 may be available to carry out this section. 
(e) MILITARY CHILDREN WITH AUTISM DEFINED.— 
In this section, the term ‘‘military children with autism’’ 
means dependent children of members of the Armed Forces 
with autism spectrum disorder. 
SEC. 554. REPORTS ON EFFECTS OF DEPLOYMENTS ON 
MILITARY CHILDREN AND THE AVAILABILITY 
OF MENTAL HEALTH CARE AND COUNSELING 
SERVICES FOR MILITARY CHILDREN. 
(a) IMPACT OF DEPLOYMENTS OF MILITARY PARENTS 
ON MILITARY CHILDREN.— 
(1) IN GENERAL.—The Secretary of Defense shall 
undertake a comprehensive assessment of the impacts 
of military deployment on dependent children of 
members of the Armed Forces. The assessment shall 
separately address each of the categories of such chil-
dren as follows: 
(A) Preschool-age children.
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† HR 2647 EAS 
(B) Elementary-school age children. 
(C) Teenage or adolescent children. 
(2) ELEMENTS.—The assessment undertaken 
under paragraph (1) shall include an assessment of 
the following: 
(A) The impact that separation due to the 
deployment of a military parent or parents has 
on children. 
(B) The impact that multiple deployments 
of a military parent or parents have on children. 
(C) The impact that the return from deploy-
ment of a severely wounded or injured military 
parent or parents has on children. 
(D) The impact that the death of a military 
parent or parents in connection with a deploy-
ment has on children. 
(E) The impact that deployment of a mili-
tary parent or parents has on children with pre-
existing psychological conditions, such as anxiety 
and depression. 
(F) The impact that deployment of a mili-
tary parent or parents has on risk factors such 
as child abuse, child neglect, family violence, 
substance abuse by children, or parental sub-
stance abuse.
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(G) Such other matters as the Secretary 
considers appropriate. 
(3) REPORT.—Not later than one year after the 
date of the enactment of this Act, the Secretary shall 
submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report on 
the assessment undertaken under paragraph (1), in-
cluding the findings and recommendations of the Sec-
retary as a result of the assessment. 
(b) MENTAL HEALTH CARE AND COUNSELING SERV-
ICES AVAILABLE TO MILITARY CHILDREN.— 
(1) IN GENERAL.—The Secretary of Defense shall 
conduct a comprehensive review of the mental health 
care and counseling services available to dependent 
children of members of the Armed Forces through the 
Department of Defense. 
(2) ELEMENTS.—The review under paragraph 
(1) shall include an assessment of the following: 
(A) The availability, quality, and effective-
ness of Department of Defense programs in-
tended to meet the mental health care needs of 
military children. 
(B) The availability, quality, and effective-
ness of Department of Defense programs in-
tended to promote resiliency in military children
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(H) Such other matters as the Secretary 
considers appropriate. 
(3) REPORT.—Not later than one year after the 
date of the enactment of this Act, the Secretary shall 
submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report on 
the review conducted under paragraph (1), including 
the findings and recommendations of the Secretary as 
a result of the review. 
(4) COMPREHENSIVE PLAN FOR IMPROVEMENTS 
IN
ACCESS
TO
CARE
AND
COUNSELING.—The Sec-
retary shall develop a comprehensive plan for im-
provements in access to quality mental health care 
and counseling services for military children in order 
to develop and promote psychological health and resil-
ience in children of deploying and deployed members 
of the Armed Forces. The information in the report 
required by paragraph (3) shall provide the basis for 
the development of the plan. 
SEC. 555. REPORT ON CHILD CUSTODY LITIGATION INVOLV-
ING SERVICE OF MEMBERS OF THE ARMED 
FORCES. 
(a) REPORT REQUIRED.—Not later than June 1, 2010, 
the Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and the House of Representa-
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† HR 2647 EAS 
tives a report on all known reported cases since September 
2003 involving child custody disputes in which the service 
of a member of the Armed Forces, whether a member of a 
regular component of the Armed Forces or a member of a 
reserve component of the Armed Forces, was an issue in 
the custody dispute. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include the following: 
(1) A statement of the total number of cases, by 
Armed Force, in which members of the Armed Forces 
have lost custody of a child as a result of deployment, 
or the prospect of deployment, under military orders. 
(2) A summary of applicable Federal law per-
taining to child custody disputes involving members 
of the Armed Forces. 
(3) An analysis of the litigation history of all 
available reported cases involving child custody dis-
putes in which the deployment of a member of the 
Armed Forces was an issue in the dispute, and a dis-
cussion of the rationale presented by deciding judges 
and courts of the reasons for their rulings. 
(4) An assessment of the nature and extent of the 
problem, if any, for members of the Armed Forces who 
are custodial parents in being able to deploy and per-
form their operational mission while continuing to
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† HR 2647 EAS 
fulfill their role as parents with sole or joint custody 
of minor children. 
(5) A discussion of measures being taken by the 
States, or which are under consideration by State leg-
islatures, to address matters relating to child custody 
disputes in which one of the parties is a member of 
the Armed Forces, and an assessment whether State 
legislatures and State courts are cognizant of issues 
involving members of the Armed Forces with minor 
children. 
(6) A discussion of Family Care Plan policies 
aimed at ensuring that appropriate measures are 
taken by members of the Armed Forces to avoid liti-
gation in child custody disputes. 
(7) Such recommendations as the Secretary con-
siders appropriate regarding how best to assist mem-
bers of the Armed Forces who are single, custodial 
parents with respect to child custody disputes in con-
nection with the performance of military duties, in-
cluding the need for legislative or administrative ac-
tion to provide such assistance. 
(8) Such other recommendations for legislative or 
administrative action as the Secretary considers ap-
propriate.
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SEC. 556. SENSE OF SENATE ON PREPARATION AND CO-
ORDINATION OF FAMILY CARE PLANS. 
(a) FINDINGS.—The Senate makes the following find-
ings: 
(1) Family Care Plans provide a military tool 
to document the plan by which members of the Armed 
Forces provide for the care of their family members 
when military duties prevent members of the Armed 
Forces from doing so themselves. Properly prepared 
Family Care Plans are essential to military readi-
ness. Minimizing the strain on members of the Armed 
Forces of unresolved, challenged, or voided child cus-
tody arrangements arising during deployments or 
temporary duty directly contributes to the national 
defense by enabling members of the Armed Forces to 
devote their entire energy to their military mission 
and duties. 
(2) When Family Care Plans are properly pre-
pared and coordinated with all affected parties, the 
legal difficulties that may otherwise arise in the ab-
sence of the military custodial parent often can be 
minimized, if not eliminated. 
(b) SENSE OF SENATE.—It is the sense of the Senate 
that—
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(1) the responsibility for establishing workable 
and legally supportable Family Care Plans lies with 
the members of the Armed Forces; 
(2) notwithstanding that responsibility, com-
manders should— 
(A) ensure that the members of their com-
mand fully understand the purpose of the Fam-
ily Care Plan and its limitations, including the 
overriding authority of State courts to determine 
child custody arrangements notwithstanding a 
Family Care Plan; 
(B) understand and emphasize to their 
members that failure to involve, or at least in-
form, the non-custodial parent of custody ar-
rangements in anticipation of an absence can 
undermine the Family Care Plan or even render 
it useless, in such cases; and 
(C) apprise their members of the risks de-
scribed in subparagraph (B), and strongly en-
courage them to seek legal assistance, as far in 
advance of actual absences as practicable; 
(3) the Secretary of Defense, and the Secretary 
of Homeland Security with respect to matters con-
cerning the Coast Guard when it is not operating as 
a service in the Navy, should ensure that members of
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† HR 2647 EAS 
the Armed Forces update their Family Care Plans 
and emphasize— 
(A) the importance of prior planning; 
(B) that Family Care Plans are necessary 
not only for the single parent and for the dual 
military couple but also for a married member 
of the Armed Forces who has custody of a child 
pursuant to a court order or separation agree-
ment or who has custody of a child whose other 
parent is not the current spouse of the member; 
(C) that in spite of how important Family 
Care Plans are to readiness, they are not legal 
documents that can change a court-mandated 
custodial arrangement or interfere with the other 
parent’s right to custody of his or her child; 
(D) that, to the greatest extent possible, a 
member of the Armed Forces should inform the 
other parent of the member’s impending absence 
due to military orders if such absence prohibits 
the member from fulfilling the member’s custody 
responsibilities and inform that other parent of 
the Family Care Plan; 
(E) that a member of the Armed Forces 
should attempt to obtain the consent of the non- 
custodial or adoptive parent to any Family Care
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† HR 2647 EAS 
Plan that would leave the child in the care of a 
third party; and 
(F) that if a member of the Armed Forces 
cannot or will not contact the non-custodial par-
ent or cannot obtain that parent’s consent to the 
Family Care Plan, the commander of the mem-
ber should— 
(i) counsel the member about the im-
plications; and 
(ii) encourage in the strongest possible 
terms that the member seek immediate help 
from a legal assistance attorney or other 
qualified legal counsel; and 
(4) attorneys providing legal assistance as de-
scribed in paragraph (3)(F)(ii) should provide mem-
bers of the Armed Forces a full explanation of the 
dangers of not involving the non-custodial parent and 
discuss appropriate courses of action. 
SEC. 557. EXPANSION OF SUICIDE PREVENTION AND COM-
MUNITY HEALING AND RESPONSE TRAINING 
UNDER THE YELLOW RIBBON REINTEGRA-
TION PROGRAM. 
Section 582 of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 
10101 note) is amended—
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† HR 2647 EAS 
(1) in subsection (h)— 
(A) by striking paragraph (3); and 
(B) 
by 
redesignating 
paragraphs 
(4) 
through (15) as paragraphs (3) through (14), re-
spectively; and 
(2) by adding at the end the following new sub-
section: 
‘‘(i) SUICIDE PREVENTION AND COMMUNITY HEALING 
AND RESPONSE PROGRAM.— 
‘‘(1) ESTABLISHMENT.—As part of the Yellow 
Ribbon Reintegration Program, the Office for Re-
integration Programs shall establish a program to 
provide National Guard and Reserve members and 
their families, and in coordination with community 
programs, assist the communities, with training in 
suicide prevention and community healing and re-
sponse to suicide. 
‘‘(2) DESIGN.—In establishing the program 
under paragraph (1), the Office for Reintegration 
Programs shall consult with— 
‘‘(A) persons that have experience and ex-
pertise with combining military and civilian 
intervention strategies that reduce risk and pro-
mote healing after a suicide attempt or suicide
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† HR 2647 EAS 
death for National Guard and Reserve members; 
and 
‘‘(B) the adjutant general of each State, the 
Commonwealth of Puerto Rico, the District of 
Columbia, Guam, and the Virgin Islands. 
‘‘(3) OPERATION.— 
‘‘(A) SUICIDE PREVENTION TRAINING.—The 
Office for Reintegration Programs shall provide 
National Guard and Reserve members with 
training in suicide prevention. Such training 
shall include— 
‘‘(i) describing the warning signs for 
suicide and teaching effective strategies for 
prevention and intervention; 
‘‘(ii) examining the influence of mili-
tary culture on risk and protective factors 
for suicide; and 
‘‘(iii) engaging in interactive case sce-
narios and role plays to practice effective 
intervention strategies. 
‘‘(B) COMMUNITY HEALING AND RESPONSE 
TRAINING.—The Office for Reintegration Pro-
grams shall provide the families and commu-
nities of National Guard and Reserve members 
with training in responses to suicide that pro-
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† HR 2647 EAS 
mote individual and community healing. Such 
training shall include— 
‘‘(i) enhancing collaboration among 
community members and local service pro-
viders to create an integrated, coordinated 
community response to suicide; 
‘‘(ii) communicating best practices for 
preventing suicide, including safe mes-
saging, appropriate memorial services, and 
media guidelines; 
‘‘(iii) addressing the impact of suicide 
on the military and the larger community, 
and the increased risk that can result; and 
‘‘(iv) managing resources to assist key 
community and military service providers 
in helping the families, friends, and fellow 
soldiers of a suicide victim through the 
processes of grieving and healing. 
‘‘(C) COLLABORATION
WITH
CENTERS
OF 
EXCELLENCE.—The Office for Reintegration Pro-
grams, in consultation with the Defense Centers 
of Excellence for Psychological Health and Trau-
matic Brain Injury, shall collect and analyze 
‘lessons learned’ and suggestions from State Na-
tional Guard and Reserve organizations with ex-
200 
† HR 2647 EAS 
isting or developing suicide prevention and com-
munity response programs. 
‘‘(4) TERMINATION.—The program established 
under this subsection shall terminate on October 1, 
2012.’’. 
SEC. 558. REPORT ON YELLOW RIBBON REINTEGRATION 
PROGRAM. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense commit-
tees a report on the various reintegration programs being 
administered in support of National Guard and Reserve 
members and their families. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include the following: 
(1) An evaluation of the initial implementation 
of the Yellow Ribbon Reintegration Program in fiscal 
year 2009, including an assessment of the best prac-
tices from pilot programs offered by various States to 
provide supplemental services to Yellow Ribbon and 
the feasibility of incorporating those practices into 
Yellow Ribbon. 
(2) An assessment of the extent to which Yellow 
Ribbon funding, although requested in multiple com-
ponent accounts, supports robust joint programs that
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provide reintegration and support services to Na-
tional Guard and Reserve members and their families 
regardless of military affiliation. 
(3) An assessment of the extent to which Yellow 
Ribbon programs are coordinating closely with the 
Department of Veterans Affairs and its various vet-
erans’ programs. 
(4) Plans for further implementation of the Yel-
low Ribbon Reintegration Program in fiscal year 
2010. 
SEC. 559. IMPROVED ACCESS TO MENTAL HEALTH CARE 
FOR FAMILY MEMBERS OF MEMBERS OF THE 
NATIONAL GUARD AND RESERVE WHO ARE 
DEPLOYED OVERSEAS. 
(a) INITIATIVE TO INCREASE ACCESS TO MENTAL 
HEALTH CARE.— 
(1) IN GENERAL.—The Secretary of Defense shall 
develop and implement a plan to expand existing ini-
tiatives of the Department of Defense to increase ac-
cess to mental health care for family members of 
members of the National Guard and Reserve deployed 
overseas during the periods of mobilization, deploy-
ment, and demobilization of such members of the Na-
tional Guard and Reserve.
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† HR 2647 EAS 
(2) ELEMENTS.—The plan required by para-
graph (1) shall include the following: 
(A) Programs and activities to educate fam-
ily members of members of the National Guard 
and Reserve who are deployed overseas on poten-
tial mental health challenges connected with such 
deployment. 
(B) Programs and activities to provide such 
family members with complete information on 
all mental health resources available to such 
family members through the Department of De-
fense and otherwise. 
(C) Efforts to expand counseling activities 
for such family members in local communities. 
(b) REPORTS.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, and at such 
times thereafter as the Secretary of Defense considers 
appropriate, the Secretary of Defense shall submit to 
the Committees on Armed Services of the Senate and 
the House of Representatives a report on this section. 
(2) ELEMENTS.—Each report shall include the 
following: 
(A) A current assessment of the extent to 
which family members of members of the Na-
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† HR 2647 EAS 
tional Guard and Reserve who are deployed over-
seas have access to, and are utilizing, mental 
health care available under this section. 
(B) A current assessment of the quality of 
mental health care being provided to family 
members of members of the National Guard and 
Reserve who are deployed overseas, and an as-
sessment of expanding coverage for mental health 
care services under the TRICARE program to 
mental health care services provided at facilities 
currently outside the network of the TRICARE 
program. 
(C) Such recommendations for legislative or 
administration action as the Secretary considers 
appropriate in order to further assure full access 
to mental health care by family members of 
members of the National Guard and Reserve who 
are deployed overseas during the mobilization, 
deployment, and demobilization of such members 
of the National Guard and Reserve.
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† HR 2647 EAS 
SEC. 560. FULL ACCESS TO MENTAL HEALTH CARE FOR 
FAMILY MEMBERS OF MEMBERS OF THE NA-
TIONAL GUARD AND RESERVE WHO ARE DE-
PLOYED OVERSEAS. 
(a) EXPANDED INITIATIVE TO INCREASE ACCESS TO 
MENTAL HEALTH CARE.— 
(1) IN GENERAL.—The Secretary of Defense shall 
expand existing Department of Defense initiatives to 
increase access to mental health care for family mem-
bers of members of the National Guard and Reserve 
deployed overseas during the periods of mobilization, 
deployment, and demobilization of such members of 
the National Guard and Reserve. 
(2) 
ELEMENTS.—The 
expanded 
initiatives, 
which shall build upon and be consistent with ongo-
ing efforts, shall include the following: 
(A) Programs and activities to educate the 
family members of members of the National 
Guard and Reserve who are deployed overseas on 
potential mental health challenges connected with 
such deployment. 
(B) Programs and activities to provide such 
family members with complete information on 
all mental health resources available to such 
family members through the Department of De-
fense and otherwise.
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† HR 2647 EAS 
(C) Guidelines for mental health counselors 
at military installations in communities with 
large numbers of mobilized members of the Na-
tional Guard and Reserve to expand the reach of 
their counseling activities to include families of 
such members in such communities. 
(b) REPORTS.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, and at such 
times as the Secretary deems appropriate thereafter, 
the Secretary of Defense shall submit to the Commit-
tees on Armed Services of the Senate and the House 
of Representatives a report on this section. 
(2) ELEMENTS.—Each report shall include the 
following: 
(A) A current assessment of the extent to 
which family members of members of the Na-
tional Guard and Reserve who are deployed over-
seas have access to, and are utilizing, mental 
health care available under this section. 
(B) A current assessment of the quality of 
mental health care being provided to family 
members of members of the National Guard and 
Reserve who are deployed overseas, and an as-
sessment of expanding coverage for mental health
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† HR 2647 EAS 
care services under the TRICARE program to 
mental health care services provided at facilities 
currently outside the accredited network of the 
TRICARE program. 
(C) Such recommendations for legislative or 
administration action as the Secretary considers 
appropriate in order to further assure full access 
to mental health care by family members of 
members of the National Guard and Reserve who 
are deployed overseas during the mobilization, 
deployment, and demobilization of such members 
of the National Guard and Reserve. 
SEC. 561. COMPTROLLER GENERAL REPORT ON CHILD 
CARE ASSISTANCE FOR DEPLOYED MEMBERS 
OF THE RESERVE COMPONENTS OF THE 
ARMED FORCES. 
(a) IN GENERAL.—Not later than 18 months after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall submit to the Committees on 
Armed Services of the Senate and the House of Representa-
tive a report on financial assistance for child care provided 
by the Department of Defense, including through the Oper-
ation: Military Child Care and Military Child Care in 
Your Neighborhood programs, to members of the reserve
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† HR 2647 EAS 
components of the Armed Forces who are deployed in con-
nection with a contingency operation. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include an assessment of the following: 
(1) The types of financial assistance for child 
care made available by the Department of Defense to 
members of the reserve components of the Armed 
Forces who are deployed in connection with a contin-
gency operation. 
(2) The extent to which such members have taken 
advantage of such assistance since such assistance was 
first made available. 
(3) The formulas used for calculating the amount 
of such assistance provided to such members. 
(4) The funding allocated to such assistance. 
(5) The remaining costs of child care to families 
of such members that are not covered by the Depart-
ment of Defense. 
(6) Any barriers to access to such assistance 
faced by such members and the families of such mem-
bers. 
(7) The different criteria used by different States 
with respect to the regulation of child care services 
and the potential impact differences in such criteria
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† HR 2647 EAS 
may have on the access of such members to such as-
sistance. 
(8) The different standards and criteria used by 
different programs of the Department of Defense for 
providing such assistance with respect to child care 
providers and the potential impact differences in such 
standards and criteria may have on the access of such 
members to such assistance. 
(9) Any other matters the Comptroller General 
determines relevant to the improvement of financial 
assistance for child care made available by the De-
partment of Defense to members of the reserve compo-
nents of the Armed Forces who are deployed in con-
nection with a contingency operation. 
Subtitle G—Other Matters 
SEC. 571. DEADLINE FOR REPORT ON SEXUAL ASSAULT IN 
THE ARMED FORCES BY DEFENSE TASK 
FORCE ON SEXUAL ASSAULT IN THE MILI-
TARY SERVICES. 
Section 576(e)(1) of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005 (Public 
Law 108–375; 118 Stat. 1924; 10 U.S.C. 4331 note) is 
amended by striking ‘‘one year after the initiation of its 
examination under subsection (b)’’ and inserting ‘‘Decem-
ber 1, 2009’’.
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† HR 2647 EAS 
SEC. 572. CLARIFICATION OF PERFORMANCE POLICIES FOR 
MILITARY MUSICAL UNITS AND MUSICIANS. 
(a) CLARIFICATION.—Section 974 of title 10, United 
States Code, is amended to read as follows: 
‘‘§ 974. Military musical units and musicians: per-
formance policies; restriction on perform-
ance in competition with local civilian 
musicians 
‘‘(a) MILITARY MUSICIANS PERFORMING IN AN OFFI-
CIAL CAPACITY.—(1) A military musical unit, and a mem-
ber of the armed forces who is a member of such a unit 
performing in an official capacity, may not engage in the 
performance of music in competition with local civilian 
musicians. 
‘‘(2) For purposes of paragraph (1), the following 
shall, except as provided in paragraph (3), be included 
among the performances that are considered to be a per-
formance of music in competition with local civilian musi-
cians: 
‘‘(A) A performance that is more than incidental 
to an event that— 
‘‘(i) is not supported, in whole or in part, 
by United States Government funds; and 
‘‘(ii) is not free to the public. 
‘‘(B) A performance of background, dinner, 
dance, or other social music at an event that—
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† HR 2647 EAS 
‘‘(i) is not supported, in whole or in part, 
by United States Government funds; and 
‘‘(ii) is held at a location not on a military 
installation. 
‘‘(3) For purposes of paragraph (1), the following shall 
not be considered to be a performance of music in competi-
tion with local civilian musicians: 
‘‘(A) A performance (including background, din-
ner, dance, or other social music) at an official 
United States Government event that is supported, in 
whole or in part, by United States Government funds. 
‘‘(B) A performance at a concert, parade, or 
other event, that— 
‘‘(i) is a patriotic event or a celebration of 
a national holiday; and 
‘‘(ii) is free to the public. 
‘‘(C) A performance that is incidental to an 
event that— 
‘‘(i) is not supported, in whole or in part, 
by United States Government funds; or 
‘‘(ii) is not free to the public. 
‘‘(D) A performance (including background, din-
ner, dance, or other social music) at—
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† HR 2647 EAS 
‘‘(i) an event that is sponsored by or for a 
military welfare society, as defined in section 
2566 of this title; 
‘‘(ii) an event that is a traditional military 
event intended to foster the morale and welfare 
of members of the armed forces and their fami-
lies; or 
‘‘(iii) an event that is specifically for the 
benefit or recognition of members of the armed 
forces, their family members, veterans, civilian 
employees of the Department of Defense, or 
former civilian employees of the Department of 
Defense, to the extent provided in regulations 
prescribed by the Secretary of Defense. 
‘‘(E) A performance (including background, din-
ner, dance, or other social music)— 
‘‘(i) to uphold the standing and prestige of 
the United States with dignitaries and distin-
guished or prominent persons or groups of the 
United States or another nation; or 
‘‘(ii) in support of fostering and sustaining 
a cooperative relationship with another nation. 
‘‘(b) PROHIBITION OF MILITARY MUSICIANS ACCEPT-
ING ADDITIONAL REMUNERATION FOR OFFICIAL PERFORM-
ANCES.—A military musical unit, and a member of the
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† HR 2647 EAS 
armed forces who is a member of such a unit performing 
in an official capacity, may not receive remuneration for 
an official performance, other than applicable military pay 
and allowances. 
‘‘(c) RECORDINGS.—(1) When authorized under regu-
lations prescribed by the Secretary of Defense for purposes 
of this section, a military musical unit may produce record-
ings for distribution to the public, at a cost not to exceed 
expenses of production and distribution. 
‘‘(2) Amounts received in payment for a recording dis-
tributed to the public under this subsection shall be credited 
to the appropriation or account providing the funds for the 
production of the recording. Any amount so credited shall 
be merged with amounts in the appropriation or account 
to which credited, and shall be available for the same pur-
poses, and subject to the same conditions and limitations, 
as amounts in such appropriation or account. 
‘‘(d) PERFORMANCES AT FOREIGN LOCATIONS.—Sub-
section (a) does not apply to a performance outside the 
United States, its commonwealths, or its possessions. 
‘‘(e) MILITARY MUSICAL UNIT DEFINED.—In this sec-
tion, the term ‘military musical unit’ means a band, ensem-
ble, chorus, or similar musical unit of the armed forces.’’.
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† HR 2647 EAS 
(b) CLERICAL AMENDMENT.—The item relating to 
such section in the table of sections at the beginning of chap-
ter 49 of such title is amended to read as follows: 
‘‘974. Military musical units and musicians: performance policies; restriction on 
performance in competition with local civilian musicians.’’. 
SEC. 573. GUARANTEE OF RESIDENCY FOR SPOUSES OF 
MILITARY PERSONNEL FOR VOTING PUR-
POSES. 
(a) IN GENERAL.—Section 705 of the Servicemembers 
Civil Relief Act (50 U.S.C. App. 595) is amended— 
(1) by striking ‘‘For’’ and inserting the fol-
lowing: 
‘‘(a) IN GENERAL.—For’’; 
(2) by adding at the end the following new sub-
section: 
‘‘(b) SPOUSES.—For the purposes of voting for any 
Federal office (as defined in section 301 of the Federal Elec-
tion Campaign Act of 1971 (2 U.S.C. 431)) or a State or 
local office, a person who is absent from a State because 
the person is accompanying the person’s spouse who is ab-
sent from that same State in compliance with military or 
naval orders shall not, solely by reason of that absence— 
‘‘(1) be deemed to have lost a residence or domi-
cile in that State, without regard to whether or not 
the person intends to return to that State;
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† HR 2647 EAS 
‘‘(2) be deemed to have acquired a residence or 
domicile in any other State; or 
‘‘(3) be deemed to have become a resident in or 
a resident of any other State.’’; and 
(3) in the section heading, by inserting ‘‘AND 
SPOUSES OF MILITARY PERSONNEL’’ before the 
period at the end. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of such Act (50 U.S.C. App. 501) is amended 
by striking the item relating to section 705 and inserting 
the following new item: 
‘‘Sec. 705. Guarantee of residency for military personnel and spouses of military 
personnel.’’. 
(c) APPLICATION.—Subsection (b) of section 705 of 
such Act (50 U.S.C. App. 595), as added by subsection (a) 
of this section, shall apply with respect to absences from 
States described in such subsection (b) on or after the date 
of the enactment of this Act, regardless of the date of the 
military or naval order concerned. 
SEC. 574. DETERMINATION FOR TAX PURPOSES OF RESI-
DENCE 
OF 
SPOUSES 
OF 
MILITARY 
PER-
SONNEL. 
(a) IN GENERAL.—Section 511 of the Servicemembers 
Civil Relief Act (50 U.S.C. App. 571) is amended— 
(1) in subsection (a)—
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† HR 2647 EAS 
(A) by striking ‘‘A servicemember’’ and in-
serting the following: 
‘‘(1) IN GENERAL.—A servicemember’’; and 
(B) by adding at the end the following: 
‘‘(2) SPOUSES.—A spouse of a servicemember 
shall neither lose nor acquire a residence or domicile 
for purposes of taxation with respect to the person, 
personal property, or income of the spouse by reason 
of being absent or present in any tax jurisdiction of 
the United States solely to be with the servicemember 
in compliance with the servicemember’s military or-
ders if the residence or domicile, as the case may be, 
is the same for the servicemember and the spouse.’’; 
(2) by redesignating subsections (c), (d), (e), and 
(f) as subsections (d), (e), (f), and (g), respectively; 
(3) by inserting after subsection (b) the following 
new subsection: 
‘‘(c) INCOME OF A MILITARY SPOUSE.—Income for 
services performed by the spouse of a servicemember shall 
not be deemed to be income for services performed or from 
sources within a tax jurisdiction of the United States if the 
spouse is not a resident or domiciliary of the jurisdiction 
in which the income is earned because the spouse is in the 
jurisdiction solely to be with the servicemember serving in 
compliance with military orders.’’; and
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(4) in subsection (d), as redesignated by para-
graph (2)— 
(A) in paragraph (1), by inserting ‘‘or the 
spouse of a servicemember’’ after ‘‘The personal 
property of a servicemember’’; and 
(B) in paragraph (2), by inserting ‘‘or the 
spouse’s’’ after ‘‘servicemember’s’’. 
(b) APPLICATION.—Subsections (a)(2) and (c) of sec-
tion 511 of such Act (50 U.S.C. App. 571), as added by 
subsection (a) of this section, and the amendments made 
to such section 511 by subsection (a)(4) of this section, shall 
apply with respect to any return of State or local income 
tax filed for any taxable year beginning with the taxable 
year that includes the date of the enactment of this Act. 
SEC. 575. SUSPENSION OF LAND RIGHTS RESIDENCY RE-
QUIREMENT FOR SPOUSES OF MILITARY PER-
SONNEL. 
(a) IN GENERAL.—Section 508 of the Servicemembers 
Civil Relief Act (50 U.S.C. App. 568) is amended in sub-
section (b) by inserting ‘‘or the spouse of such servicemem-
ber’’ after ‘‘a servicemember in military service’’. 
(b) APPLICATION.—The amendment made by sub-
section (a) shall apply with respect to servicemembers in 
military service (as defined in section 101 of such Act (50
217 
† HR 2647 EAS 
U.S.C. App. 511)) on or after the date of the enactment 
of this Act. 
SEC. 576. MODIFICATION OF DEPARTMENT OF DEFENSE 
SHARE 
OF 
EXPENSES 
UNDER 
NATIONAL 
GUARD YOUTH CHALLENGE PROGRAM. 
(a) MODIFICATION.—Section 509(d)(1) of title 32, 
United States Code, is amended by striking ‘‘may not ex-
ceed’’ and all that follows and inserting ‘‘may not exceed 
the amount as follows: 
‘‘(A) In the case of a State program of the Pro-
gram in either of its first two years of operation, an 
amount equal to 100 percent of the costs of operating 
the State program in that fiscal year. 
‘‘(B) In the case of any other State program of 
the Program, an amount equal to 75 percent of the 
costs of operating the State program in that fiscal 
year.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on October 1, 2009, and shall 
apply with respect to fiscal years beginning on or after that 
date.
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SEC. 577. PROVISION TO MEMBERS OF THE ARMED FORCES 
AND THEIR FAMILIES OF COMPREHENSIVE 
INFORMATION ON BENEFITS FOR MEMBERS 
OF THE ARMED FORCES AND THEIR FAMI-
LIES. 
(a) PROVISION OF COMPREHENSIVE INFORMATION RE-
QUIRED.—The Secretary of the military department con-
cerned shall, at each time specified in subsection (b), pro-
vide to each member of the Armed Forces and, when prac-
ticable, the family members of such member comprehensive 
information on the benefits available to such member and 
family members as described in subsection (c), including 
the estimated monetary amount of such benefits and of any 
applicable offsets to such benefits. 
(b) TIMES FOR PROVISION OF INFORMATION.—Com-
prehensive information on benefits shall be provided a mem-
ber of the Armed Forces and family members at each time 
as follows: 
(1) Within 180 days of the enlistment, accession, 
or commissioning of the member as a member of the 
Armed Forces. 
(2) Within 180 days of a determination that the 
member— 
(A) has incurred a service-connected dis-
ability; and
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† HR 2647 EAS 
(B) is unfit to perform the duties of the 
member’s office, grade, rank, or rating because of 
such disability. 
(3) Upon the discharge, separation, retirement, 
or release of the member from the Armed Forces. 
(c) COVERED BENEFITS.—The benefits on which a 
member of the Armed Forces and family members shall be 
provided comprehensive information under this section 
shall be as follows: 
(1) At all the times described in subsection (b), 
the benefits shall include the following: 
(A) Financial compensation, including fi-
nancial counseling. 
(B) Health care and life insurance pro-
grams for members of the Armed Forces and 
their families. 
(C) Death benefits. 
(D) Entitlements and survivor benefits for 
dependents of the Armed Forces, including offsets 
in the receipt of such benefits under the Survivor 
Benefit Plan and in connection with the receipt 
of dependency and indemnity compensation. 
(E) Educational assistance benefits, includ-
ing limitations on and the transferability of such 
assistance.
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† HR 2647 EAS 
(F) Housing assistance benefits, including 
counseling. 
(G) Relocation planning and preparation. 
(H) Such other benefits as the Secretary 
concerned considers appropriate. 
(2) At the time described in paragraph (1) of 
such subsection, the benefits shall include the fol-
lowing: 
(A) Maintaining military records. 
(B) Legal assistance. 
(C) Quality of life programs. 
(D) Family and community programs. 
(E) Such other benefits as the Secretary 
concerned considers appropriate. 
(3) At the times described in paragraphs (2) and 
(3) of such subsection, the benefits shall include the 
following: 
(A) Employment assistance. 
(B) Continuing Reserve Component service. 
(C) Disability benefits, including offsets in 
connection with the receipt of such benefits. 
(D) Benefits and services provided under 
laws administered by the Secretary of Veterans 
Affairs.
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(E) Such other benefits as the Secretary 
concerned considers appropriate. 
(d) BIENNIAL NOTICE TO MEMBERS OF THE ARMED 
FORCES ON THE VALUE OF PAY AND BENEFITS.— 
(1) BIENNIAL
NOTICE
REQUIRED.—The Sec-
retary of each military department shall provide to 
each member of the Armed Forces under the jurisdic-
tion of such Secretary on a biennial basis notice on 
the value of the pay and benefits paid or provided to 
such member by law during the preceding year. The 
notice may be provided in writing or electronically, 
at the election of the Secretary. 
(2) ELEMENTS.—Each notice provided a member 
under paragraph (1) shall include the following: 
(A) A statement of the estimated value of 
the military health care, retirement benefits, dis-
ability benefits, commissary and exchange privi-
leges, government-provided housing, tax benefits 
associated with service in the Armed Forces, and 
special pays paid or provided the member dur-
ing the preceding 24 months. 
(B) A notice regarding the death and sur-
vivor benefits, including Servicemembers’ Group 
Life Insurance, to which the family of the mem-
ber would be entitled in the event of the death of
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† HR 2647 EAS 
the member, and a description of any offsets that 
might be applicable to such benefits. 
(C) Information on other programs avail-
able to members of the Armed Forces generally, 
such as access to morale, welfare, and recreation 
(MWR) facilities, child care, and education tui-
tion assistance, and the estimated value, if ascer-
tainable, of the availability of such programs in 
the area where the member is stationed or re-
sides. 
(e) OTHER OUTREACH.— 
(1) IN GENERAL.—The Secretaries of the mili-
tary departments shall, on a periodic basis, conduct 
outreach on the pay, benefits, and programs and serv-
ices available to members of the Armed Forces by rea-
son of service in the Armed Forces. The outreach shall 
be conducted pursuant to public service announce-
ments, publications, and such other announcements 
through general media as will serve to disseminate the 
information broadly among the general public. 
(2) INTERNET OUTREACH WEBSITE.— 
(A) IN GENERAL.—The Secretary of Defense 
shall establish an Internet website for the pur-
pose of providing the comprehensive information 
about the benefits and offsets described in sub-
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† HR 2647 EAS 
section (c) to members of the Armed Forces and 
their families. 
(B) CONTACT INFORMATION.—The Internet 
website required by subparagraph (A) shall pro-
vide contact information, both telephone and e- 
mail, that a member of the Armed Forces and a 
family member of the member can use to get per-
sonalized information about the benefits and off-
sets described in subsection (c). 
(f) REPORTS.— 
(1) INITIAL REPORT.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the congressional de-
fense committees a report on the implementation of 
the requirements of this section by the Department of 
Defense. Such report shall include a description of the 
quality and scope of available online resources that 
provide information about benefits for members of the 
Armed Forces and their families. 
(2) RECORDS
MAINTAINED.—The Secretary of 
Defense or the military department concerned shall 
maintain records that contain the number of individ-
uals that received a briefing under this section in the 
previous year disaggregated by the following:
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† HR 2647 EAS 
(A) Whether the individual is a member of 
the Armed Forces or a family member of a mem-
ber of the Armed Forces. 
(B) The Armed Force of the members. 
(C) The State or territory in which the 
briefing occurred. 
(D) The subject of the briefing. 
Subtitle H—Military Voting 
SEC. 581. SHORT TITLE. 
This subtitle may be cited as the ‘‘Military and Over-
seas Voter Empowerment Act’’. 
SEC. 582. FINDINGS. 
Congress makes the following findings: 
(1) The right to vote is a fundamental right. 
(2) Due to logistical, geographical, operational 
and environmental barriers, military and overseas 
voters are burdened by many obstacles that impact 
their right to vote and register to vote, the most crit-
ical of which include problems transmitting balloting 
materials and not being given enough time to vote. 
(3) States play an essential role in facilitating 
the ability of military and overseas voters to register 
to vote and have their ballots cast and counted, espe-
cially with respect to timing and improvement of ab-
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† HR 2647 EAS 
sentee voter registration and absentee ballot proce-
dures. 
(4) The Department of Defense educates military 
and overseas voters of their rights under the Uni-
formed and Overseas Citizens Absentee Voting Act 
and plays an indispensable role in facilitating the 
procedural channels that allow military and overseas 
voters to have their votes count. 
(5) The local, State, and Federal Government en-
tities involved with getting ballots to military and 
overseas voters must work in conjunction to provide 
voter registration services and balloting materials in 
a secure and expeditious manner. 
SEC. 583. CLARIFICATION REGARDING DELEGATION OF 
STATE RESPONSIBILITIES. 
A State may delegate its responsibilities in carrying 
out the requirements under the Uniformed and Overseas 
Citizens Absentee Voting Act (42 U.S.C. 1973ff et seq.) im-
posed as a result of the provisions of and amendments made 
by this Act to jurisdictions of the State.
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† HR 2647 EAS 
SEC. 584. ESTABLISHMENT OF PROCEDURES FOR ABSENT 
UNIFORMED SERVICES VOTERS AND OVER-
SEAS VOTERS TO REQUEST AND FOR STATES 
TO SEND VOTER REGISTRATION APPLICA-
TIONS 
AND 
ABSENTEE 
BALLOT 
APPLICA-
TIONS BY MAIL AND ELECTRONICALLY. 
(a) IN GENERAL.—Section 102 of the Uniformed and 
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff– 
1) is amended— 
(1) in subsection (a)— 
(A) in paragraph (4), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (5), by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(6) in addition to any other method of reg-
istering to vote or applying for an absentee ballot in 
the State, establish procedures— 
‘‘(A) for absent uniformed services voters 
and overseas voters to request by mail and elec-
tronically voter registration applications and ab-
sentee ballot applications with respect to general, 
special, primary, and runoff elections for Federal 
office in accordance with subsection (e);
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† HR 2647 EAS 
‘‘(B) for States to send by mail and elec-
tronically (in accordance with the preferred 
method of transmission designated by the absent 
uniformed services voter or overseas voter under 
subparagraph (C)) voter registration applica-
tions and absentee ballot applications requested 
under subparagraph (A) in accordance with sub-
section (e); and 
‘‘(C) by which the absent uniformed services 
voter or overseas voter can designate whether 
they prefer for such voter registration applica-
tion or absentee ballot application to be trans-
mitted by mail or electronically.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(e) DESIGNATION OF MEANS OF ELECTRONIC COM-
MUNICATION FOR ABSENT UNIFORMED SERVICES VOTERS 
AND OVERSEAS VOTERS TO REQUEST AND FOR STATES TO 
SEND VOTER REGISTRATION APPLICATIONS AND ABSENTEE 
BALLOT APPLICATIONS, AND FOR OTHER PURPOSES RE-
LATED TO VOTING INFORMATION.— 
‘‘(1) IN GENERAL.—Each State shall, in addi-
tion to the designation of a single State office under 
subsection (b), designate not less than 1 means of elec-
tronic communication—
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† HR 2647 EAS 
‘‘(A) for use by absent uniformed services 
voters and overseas voters who wish to register to 
vote or vote in any jurisdiction in the State to 
request voter registration applications and ab-
sentee ballot applications 
under 
subsection 
(a)(6); 
‘‘(B) for use by States to send voter reg-
istration applications and absentee ballot appli-
cations requested under such subsection; and 
‘‘(C) for the purpose of providing related 
voting, balloting, and election information to ab-
sent uniformed services voters and overseas vot-
ers. 
‘‘(2) CLARIFICATION REGARDING PROVISION OF 
MULTIPLE MEANS OF ELECTRONIC COMMUNICATION.— 
A State may, in addition to the means of electronic 
communication so designated, provide multiple means 
of electronic communication to absent uniformed serv-
ices voters and overseas voters, including a means of 
electronic communication for the appropriate juris-
diction of the State. 
‘‘(3) INCLUSION
OF
DESIGNATED
MEANS
OF 
ELECTRONIC COMMUNICATION WITH INFORMATIONAL 
AND
INSTRUCTIONAL
MATERIALS
THAT
ACCOMPANY 
BALLOTING MATERIALS.—Each State shall include a
229 
† HR 2647 EAS 
means of electronic communication so designated with 
all informational and instructional materials that ac-
company balloting materials sent by the State to ab-
sent uniformed services voters and overseas voters. 
‘‘(4) AVAILABILITY
AND
MAINTENANCE
OF
ON-
LINE
REPOSITORY
OF
STATE
CONTACT
INFORMA-
TION.—The Federal Voting Assistance Program of the 
Department of Defense shall maintain and make 
available to the public an online repository of State 
contact information with respect to elections for Fed-
eral office, including the single State office designated 
under subsection (b) and the means of electronic com-
munication designated under paragraph (1), to be 
used by absent uniformed services voters and overseas 
voters as a resource to send voter registration applica-
tions and absentee ballot applications to the appro-
priate jurisdiction in the State. 
‘‘(5) TRANSMISSION
IF
NO
PREFERENCE
INDI-
CATED.—In the case where an absent uniformed serv-
ices voter or overseas voter does not designate a pref-
erence under subsection (a)(6)(C), the State shall 
transmit the voter registration application or absentee 
ballot application by any delivery method allowable 
in accordance with applicable State law, or if there 
is no applicable State law, by mail.
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† HR 2647 EAS 
‘‘(6) SECURITY AND PRIVACY PROTECTIONS.— 
‘‘(A) SECURITY PROTECTIONS.—To the ex-
tent practicable, States shall ensure that the pro-
cedures established under subsection (a)(6) pro-
tect the security and integrity of the voter reg-
istration and absentee ballot application request 
processes. 
‘‘(B) PRIVACY PROTECTIONS.—To the extent 
practicable, the procedures established under sub-
section (a)(6) shall ensure that the privacy of the 
identity and other personal data of an absent 
uniformed services voter or overseas voter who re-
quests or is sent a voter registration application 
or absentee ballot application under such sub-
section is protected throughout the process of 
making such request or being sent such applica-
tion.’’. 
(b) EFFECTIVE DATE.—The amendments made by this 
section shall apply with respect to the regularly scheduled 
general election for Federal office held in November 2010 
and each succeeding election for Federal office.
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† HR 2647 EAS 
SEC. 585. ESTABLISHMENT OF PROCEDURES FOR STATES 
TO TRANSMIT BLANK ABSENTEE BALLOTS BY 
MAIL AND ELECTRONICALLY TO ABSENT UNI-
FORMED SERVICES VOTERS AND OVERSEAS 
VOTERS. 
(a) IN GENERAL.—Section 102 of the Uniformed and 
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff– 
1), as amended by section 584, is amended— 
(1) in subsection (a)— 
(A) in paragraph (5), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (6), by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(7) in addition to any other method of trans-
mitting blank absentee ballots in the State, establish 
procedures for transmitting by mail and electroni-
cally blank absentee ballots to absent uniformed serv-
ices voters and overseas voters with respect to general, 
special, primary, and runoff elections for Federal of-
fice in accordance with subsection (f).’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(f) TRANSMISSION OF BLANK ABSENTEE BALLOTS BY 
MAIL AND ELECTRONICALLY.—
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† HR 2647 EAS 
‘‘(1) IN GENERAL.—Each State shall establish 
procedures— 
‘‘(A) to transmit blank absentee ballots by 
mail and electronically (in accordance with the 
preferred method of transmission designated by 
the absent uniformed services voter or overseas 
voter under subparagraph (B)) to absent uni-
formed services voters and overseas voters for an 
election for Federal office; and 
‘‘(B) by which the absent uniformed services 
voter or overseas voter can designate whether 
they prefer for such blank absentee ballot to be 
transmitted by mail or electronically. 
‘‘(2) TRANSMISSION
IF
NO
PREFERENCE
INDI-
CATED.—In the case where an absent uniformed serv-
ices voter or overseas voter does not designate a pref-
erence under paragraph (1)(B), the State shall trans-
mit the ballot by any delivery method allowable in 
accordance with applicable State law, or if there is no 
applicable State law, by mail. 
‘‘(3) SECURITY AND PRIVACY PROTECTIONS.— 
‘‘(A) SECURITY PROTECTIONS.—To the ex-
tent practicable, States shall ensure that the pro-
cedures established under subsection (a)(7) pro-
tect the security and integrity of absentee ballots.
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† HR 2647 EAS 
‘‘(B) PRIVACY PROTECTIONS.—To the extent 
practicable, the procedures established under sub-
section (a)(7) shall ensure that the privacy of the 
identity and other personal data of an absent 
uniformed services voter or overseas voter to 
whom a blank absentee ballot is transmitted 
under such subsection is protected throughout the 
process of such transmission.’’. 
(b) EFFECTIVE DATE.—The amendments made by this 
section shall apply with respect to the regularly scheduled 
general election for Federal office held in November 2010 
and each succeeding election for Federal office. 
SEC. 586. ENSURING ABSENT UNIFORMED SERVICES VOT-
ERS AND OVERSEAS VOTERS HAVE TIME TO 
VOTE. 
(a) IN GENERAL.—Section 102 of the Uniformed and 
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff– 
1(a)(1)), as amended by section 585, is amended— 
(1) in subsection (a)— 
(A) in paragraph (6), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (7), by striking the period 
at the end and inserting a semicolon; and 
(C) by adding at the end the following new 
paragraph:
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† HR 2647 EAS 
‘‘(8) transmit a validly requested absentee ballot 
to an absent uniformed services voter or overseas 
voter— 
‘‘(A) except as provided in subsection (g), in 
the case where the request is received at least 45 
days before an election for Federal office, not 
later than 45 days before the election; and 
‘‘(B) in the case where the request is re-
ceived less than 45 days before an election for 
Federal office— 
‘‘(i) in accordance with State law; and 
‘‘(ii) if practicable and as determined 
appropriate by the State, in a manner that 
expedites the transmission of such absentee 
ballot.’’. 
(2) by adding at the end the following new sub-
section: 
‘‘(g) HARDSHIP EXEMPTION.— 
‘‘(1) IN GENERAL.—If the chief State election of-
ficial determines that the State is unable to meet the 
requirement under subsection (a)(8)(A) with respect 
to an election for Federal office due to an undue 
hardship described in paragraph (2)(B), the chief 
State election official shall request that the Presi-
dential designee grant a waiver to the State of the ap-
235 
† HR 2647 EAS 
plication of such subsection. Such request shall in-
clude— 
‘‘(A) a recognition that the purpose of such 
subsection is to allow absent uniformed services 
voters and overseas voters enough time to vote in 
an election for Federal office; 
‘‘(B) an explanation of the hardship that 
indicates why the State is unable to transmit ab-
sent uniformed services voters and overseas voters 
an absentee ballot in accordance with such sub-
section; 
‘‘(C) the number of days prior to the elec-
tion for Federal office that the State requires ab-
sentee ballots be transmitted to absent uniformed 
services voters and overseas voters; and 
‘‘(D) a comprehensive plan to ensure that 
absent uniformed services voters and overseas 
voters are able to receive absentee ballots which 
they have requested and submit marked absentee 
ballots to the appropriate State election official 
in time to have that ballot counted in the elec-
tion for Federal office, which includes— 
‘‘(i) the steps the State will undertake 
to ensure that absent uniformed services vot-
ers and overseas voters have time to receive,
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† HR 2647 EAS 
mark, and submit their ballots in time to 
have those ballots counted in the election; 
‘‘(ii) why the plan provides absent uni-
formed services voters and overseas voters 
sufficient time to vote as a substitute for the 
requirements under such subsection; and 
‘‘(iii) the underlying factual informa-
tion which explains how the plan provides 
such sufficient time to vote as a substitute 
for such requirements. 
‘‘(2) APPROVAL
OF
WAIVER
REQUEST.—After 
consulting with the Attorney General, the Presidential 
designee shall approve a waiver request under para-
graph (1) if the Presidential designee determines each 
of the following requirements are met: 
‘‘(A) The comprehensive plan under sub-
paragraph (D) of such paragraph provides ab-
sent uniformed services voters and overseas voters 
sufficient time to receive absentee ballots they 
have requested and submit marked absentee bal-
lots to the appropriate State election official in 
time to have that ballot counted in the election 
for Federal office. 
‘‘(B) One or more of the following issues 
creates an undue hardship for the State:
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† HR 2647 EAS 
‘‘(i) The State’s primary election date 
prohibits the State from complying with 
subsection (a)(8)(A). 
‘‘(ii) The State has suffered a delay in 
generating ballots due to a legal contest. 
‘‘(iii) The State Constitution prohibits 
the State from complying with such sub-
section. 
‘‘(3) TIMING OF WAIVER.— 
‘‘(A) IN
GENERAL.—Except as provided 
under subparagraph (B), a State that requests a 
waiver under paragraph (1) shall submit to the 
Presidential designee the written waiver request 
not later than 90 days before the election for 
Federal office with respect to which the request 
is submitted. The Presidential designee shall ap-
prove or deny the waiver request not later than 
65 days before such election. 
‘‘(B) EXCEPTION.—If a State requests a 
waiver under paragraph (1) as the result of an 
undue 
hardship 
described 
in 
paragraph 
(2)(B)(ii), the State shall submit to the Presi-
dential designee the written waiver request as 
soon as practicable. The Presidential designee 
shall approve or deny the waiver request not
238 
† HR 2647 EAS 
later than 5 business days after the date on 
which the request is received. 
‘‘(4) APPLICATION OF WAIVER.—A waiver ap-
proved under paragraph (2) shall only apply with re-
spect to the election for Federal office for which the 
request was submitted. For each subsequent election 
for Federal office, the Presidential designee shall only 
approve a waiver if the State has submitted a request 
under paragraph (1) with respect to such election.’’. 
(b) RUNOFF ELECTIONS.—Section 102(a) of the Uni-
formed and Overseas Citizens Absentee Voting Act (42 
U.S.C. 1973ff–1(a)), as amended by subsection (a), is 
amended— 
(1) in paragraph (7), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (8), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(9) if the State declares or otherwise holds a 
runoff election for Federal office, establish a written 
plan that provides absentee ballots are made available 
to absent uniformed services voters and overseas voters 
in manner that gives them sufficient time to vote in 
the runoff election.’’.
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† HR 2647 EAS 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply with respect to the regularly scheduled 
general election for Federal office held in November 2010 
and each succeeding election for Federal office. 
SEC. 587. PROCEDURES FOR COLLECTION AND DELIVERY 
OF MARKED ABSENTEE BALLOTS OF ABSENT 
OVERSEAS UNIFORMED SERVICES VOTERS. 
(a) IN GENERAL.—The Uniformed and Overseas Citi-
zens Absentee Voting Act (42 U.S.C. 1973ff et seq.) is 
amended by inserting after section 103 the following new 
section: 
‘‘SEC. 103A. PROCEDURES FOR COLLECTION AND DELIVERY 
OF MARKED ABSENTEE BALLOTS OF ABSENT 
OVERSEAS UNIFORMED SERVICES VOTERS. 
‘‘(a) ESTABLISHMENT OF PROCEDURES.—The Presi-
dential designee shall establish procedures for collecting 
marked absentee ballots of absent overseas uniformed serv-
ices voters in regularly scheduled general elections for Fed-
eral office, including absentee ballots prepared by States 
and the Federal write-in absentee ballot prescribed under 
section 103, and for delivering such marked absentee ballots 
to the appropriate election officials. 
‘‘(b) DELIVERY
TO APPROPRIATE ELECTION OFFI-
CIALS.—
240 
† HR 2647 EAS 
‘‘(1) IN GENERAL.—Under the procedures estab-
lished under this section, the Presidential designee 
shall implement procedures that facilitate the delivery 
of marked absentee ballots of absent overseas uni-
formed services voters for regularly scheduled general 
elections for Federal office to the appropriate election 
officials, in accordance with this section, not later 
than the date by which an absentee ballot must be re-
ceived in order to be counted in the election. 
‘‘(2) COOPERATION
AND
COORDINATION
WITH 
THE UNITED STATES POSTAL SERVICE.—The Presi-
dential designee shall carry out this section in co-
operation and coordination with the United States 
Postal Service, and shall provide expedited mail de-
livery service for all such marked absentee ballots of 
absent uniformed services voters that are collected on 
or before the deadline described in paragraph (3) and 
then transferred to the United States Postal Service. 
‘‘(3) DEADLINE DESCRIBED.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the deadline described in this 
paragraph is noon (in the location in which the 
ballot is collected) on the seventh day preceding 
the date of the regularly scheduled general elec-
tion for Federal office.