174 
HR 5136 RHUC 
(b) INFORMATION
FURNISHED
TO
SELECTION 
BOARDS.—Section 615 of such title is amended by strik-
ing ‘‘in joint duty assignments of officers who are serving, 
or have served, in such assignments’’ in subsections (b)(5) 
and (c) and inserting ‘‘of officers who are serving on, or 
have served on, the Joint Staff or are joint qualified offi-
cers’’. 
(c) ACTION ON REPORT OF SELECTION BOARDS.— 
Section 618(b) of such title is amended— 
(1) in paragraph (1), by striking ‘‘are serving, 
or have served, in joint duty assignments’’ and in-
serting ‘‘are serving on, or have served on, the Joint 
Staff or are joint qualified officers’’; 
(2) in subparagraphs (A) and (B) of paragraph 
(2), by striking ‘‘in joint duty assignments of offi-
cers who are serving, or have served, in such assign-
ments’’ and inserting ‘‘of officers who are serving 
on, or have served on, the Joint Staff or are joint 
qualified officers’’; and 
(3) in paragraph (4), by striking ‘‘in joint duty 
assignments’’ and inserting ‘‘who are serving on, or 
have served on, the Joint Staff or are joint qualified 
officers’’. 
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00174
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
175 
HR 5136 RHUC 
SEC. 523. SECURE ELECTRONIC DELIVERY OF CERTIFICATE 
OF RELEASE OR DISCHARGE FROM ACTIVE 
DUTY (DD FORM 214). 
Section 596 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 
1168 note) is amended— 
(1) by inserting ‘‘(a) ELECTION TO FORWARD 
CERTIFICATE TO VA OFFICES—’’ before ‘‘The Sec-
retary of Defense’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) SECURE METHOD
OF ELECTRONIC DELIV-
ERY.— 
‘‘(1) DEVELOPMENT AND IMPLEMENTATION.— 
The Secretary of Veterans Affairs, in consultation 
with the Secretary of Defense, shall develop and im-
plement a secure electronic method of forwarding 
the DD Form 214 to the appropriate office specified 
in subsection (a)(2). The Secretary of Veterans Af-
fairs shall ensure that the method permits such of-
fices to access the forms electronically using current 
computer operating systems. 
‘‘(2) AUTHORITY TO CEASE DELIVERY.—In de-
veloping the secure electronic method of forwarding 
DD Forms 214, the Secretary of Veterans Affairs 
shall ensure that the information provided is not dis-
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00175
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
176 
HR 5136 RHUC 
closed or used for unauthorized purposes and may 
cease forwarding the forms electronically to an office 
specified in subsection (a)(2) if demonstrated prob-
lems arise.’’. 
Subtitle D—General Service 
Authorities 
SEC. 531. EXTENSION OF TEMPORARY AUTHORITY TO 
ORDER RETIRED MEMBERS OF THE ARMED 
FORCES TO ACTIVE DUTY IN HIGH-DEMAND, 
LOW-DENSITY ASSIGNMENTS. 
(a) EXTENSION OF AUTHORITY.—Section 688a(f) of 
title 10, United States Code, is amended by striking ‘‘De-
cember 31, 2010’’ and inserting ‘‘December 31, 2012’’. 
(b) REPORT REQUIRED.—Not later than April 1, 
2011, the Secretary of Defense shall submit to the Com-
mittees on Armed Services of the Senate and the House 
of Representatives a report containing an assessment by 
the Secretary of the need to extend the authority provided 
by section 688a of title 10, United States Code, beyond 
December 31, 2012. The report shall include, at a min-
imum, the following: 
(1) A list of the current types of high-demand, 
low-density capabilities (as defined in such section) 
for which the authority is being used to address 
operational requirements. 
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00176
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
177 
HR 5136 RHUC 
(2) For each high-demand, low-density capa-
bility included in the list under paragraph (1), the 
number of retired members of the Armed Forces 
who have served on active duty at any time during 
each of fiscal years 2007 through 2010 under the 
authority. 
(3) A plan to increase the required active duty 
strength for the high-demand, low-density capabili-
ties included in the list under paragraph (1) to 
eliminate the need to use the authority. 
SEC. 532. CORRECTION OF MILITARY RECORDS. 
(a) IMPROVED DOCUMENTATION
OF CORRECTION 
BOARD
DECISIONS.—Section 1552(a)(3) of title 10, 
United States Code, is amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(B) In establishing correction procedures under sub-
paragraph (A), the Secretary of a military department 
shall require that a board established under subsection 
(a)(1) present its findings and conclusions in an orderly 
and itemized fashion, with specific attention given to each 
issue presented by the claimant (or heir or representative) 
who requested the correction. This requirement applies to 
a request for correction received after the date of the en-
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00177
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
178 
HR 5136 RHUC 
actment of this subparagraph, both during initial consider-
ation of the request and upon subsequent consideration 
due to appeal or other circumstances.’’. 
(b) IMPROVED DOCUMENTATION OF REVIEW BOARD 
DECISIONS REGARDING DISCHARGE OR DISMISSAL.—Sec-
tion 1553(b) of such title is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) In establishing review procedures for use by a 
board established under this section, the Secretary of a 
military department shall require that the board present 
its findings and conclusions in an orderly and itemized 
fashion, with specific attention given to each issue pre-
sented by the person who requested the review. This re-
quirement applies to a request for review received after 
the date of the enactment of this paragraph, both during 
initial consideration of the request and upon subsequent 
consideration due to appeal or other circumstances.’’. 
(c) BOARDS REVIEWING RETIREMENT OR SEPARA-
TION WITHOUT PAY FOR PHYSICAL DISABILITY.— 
(1) MEMBERS
ELIGIBLE
TO
REQUEST
RE-
VIEW.—Subsection (a) of section 1554 of such title 
is amended— 
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00178
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
179 
HR 5136 RHUC 
(A) by striking ‘‘an officer’’ and inserting 
‘‘a member or former member of the uniformed 
services’’; and 
(B) by striking ‘‘his case’’ and inserting 
‘‘the member’s case’’. 
(2) IMPROVED DOCUMENTATION OF BOARD DE-
CISIONS.—Subsection (b) of such section is amend-
ed— 
(A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) In establishing review procedures for use by a 
board established under this section, the Secretary of a 
military department shall require that the board present 
its findings and conclusions in an orderly and itemized 
fashion, with specific attention given to each issue pre-
sented by the person who requested the review. This re-
quirement applies to a request for review received after 
the date of the enactment of this paragraph, both during 
initial consideration of the request and upon subsequent 
consideration due to appeal or other circumstances.’’. 
(d) LIMITATION ON REDUCTION IN PERSONNEL AS-
SIGNED TO DUTY WITH SERVICE REVIEW AGENCY.— 
1559(a) of such title is amended by striking ‘‘December 
31, 2010’’ and inserting ‘‘December 31, 2013’’. 
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00179
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
180 
HR 5136 RHUC 
SEC. 533. MODIFICATION OF CERTIFICATE OF RELEASE OR 
DISCHARGE FROM ACTIVE DUTY (DD FORM 
214) TO SPECIFICALLY IDENTIFY A SPACE 
FOR INCLUSION OF E-MAIL ADDRESS. 
The Secretary of Defense shall modify the Certificate 
of Release or Discharge from Active Duty (DD Form 214) 
to include a new Block, 19c., titled ‘‘ELECTRONIC MAIL-
ING (E-MAIL) ADDRESS
AFTER
SEPARATION’’ in 
order to permit a member of the Armed Forces to include 
an email address at which the member may be reached 
after the member’s discharge or release. 
SEC. 534. RECOGNITION OF ROLE OF FEMALE MEMBERS OF 
THE ARMED FORCES AND DEPARTMENT OF 
DEFENSE REVIEW OF MILITARY OCCUPA-
TIONAL SPECIALTIES AVAILABLE TO FEMALE 
MEMBERS. 
(a) FINDINGS.—Congress make the following find-
ings: 
(1) Women are and have historically been an 
import part of all United States war efforts, volun-
tarily serving in every military conflict in United 
States history, including the Revolutionary War. 
(2) Approximately 34,000 women served in the 
Armed Forces in World War I, approximately 
400,000 served in World War II, approximately 
120,000 served in the Korean War, over 7,000 
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00180
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
181 
HR 5136 RHUC 
served in the Vietnam War, and more than 41,000 
served in the first Gulf War. 
(3) Over 350,000 women serving in the Armed 
Forces make up approximate 15 percent of all active 
duty personnel, 15 percent of Reserves, and 17 per-
cent of the National Guard. 
(4) Over 225,349 women have served in Oper-
ation Iraqi Freedom or Operation Enduring Free-
dom as members of the Armed Forces. 
(5) At least 120 female members of the Armed 
Forces have been killed in Iraq or Afghanistan, and, 
of the women killed, 66 were killed in combat. 
(6) The nature of war has changed in Iraq and 
Afghanistan, and, despite the prohibition on female 
members of the Armed Forces serving in combat, so 
has the role of female members of the Armed 
Forces. 
(b) OFFICIAL RECOGNITION.—Congress— 
(1) honors women who have served, and women 
who are currently serving, as members of the Armed 
Forces; and 
(2) encourages all people in the United States 
to recognize the service and achievements of female 
members of the Armed Forces and female veterans. 
(c) REVIEWS REQUIRED.— 
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00181
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
182 
HR 5136 RHUC 
(1) REVIEWS; ELEMENTS.—The Secretary of 
Defense shall conduct a review of military occupa-
tional positions available to female members of the 
Armed Forces for the purpose of ensuring that fe-
male members have the maximum opportunity to 
compete and excel in the Armed Forces. The Sec-
retary of Defense, in coordination with the Secre-
taries of the military departments, also shall review 
the collocation policy and other policies and regula-
tions that restrict the service of female members to 
determine whether changes are needed, including 
legislative change, if necessary, to enhance the abil-
ity of women to serve in the Armed Forces. 
(2) SUBMISSION OF RESULTS.—Not later than 
February 1, 2011, the Secretary of Defense shall 
submit to the congressional defense committee a re-
port containing the results of the reviews. 
SEC. 535. MATTERS COVERED BY PRESEPARATION COUN-
SELING 
FOR 
MEMBERS 
OF 
THE 
ARMED 
FORCES AND THEIR SPOUSES. 
Section 1142(b) of title 10, United States Code, is 
amended— 
(1) in paragraph (5), by striking ‘‘job place-
ment counseling for the spouse’’ and inserting ‘‘in-
clusion of the spouse when counseling regarding the 
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00182
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
183 
HR 5136 RHUC 
matters covered by paragraphs (9), (10), and (16) 
is provided, job placement counseling for the spouse, 
and the provision of information on survivor benefits 
available under the laws administered by the Sec-
retary of Defense or the Secretary of Veterans Af-
fairs’’; 
(2) in paragraph (9), by inserting before the pe-
riod the following: ‘‘, including information on budg-
eting, saving, credit, loans, and taxes’’; 
(3) in paragraph (10), by striking ‘‘and employ-
ment’’ and inserting ‘‘, employment, and financial’’; 
(4) by striking paragraph (16) and inserting 
the following new paragraph: 
‘‘(16) Information on home loan services and 
housing assistance benefits available under the laws 
administered by the Secretary of Veterans Affairs 
and counseling on responsible borrowing practices.’’; 
and 
(5) in paragraph (17), by inserting before the 
period the following: ‘‘, and information regarding 
the means by which the member can receive addi-
tional counseling regarding the member’s actual en-
titlement to such benefits and apply for such bene-
fits’’. 
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00183
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
184 
HR 5136 RHUC 
SEC. 536. DEPARTMENT OF DEFENSE POLICY CONCERNING 
HOMOSEXUALITY IN THE ARMED FORCES. 
(a) COMPREHENSIVE REVIEW ON THE IMPLEMENTA-
TION OF A REPEAL OF 10 U.S.C. 654.— 
(1) IN GENERAL.—On March 2, 2010, the Sec-
retary of Defense issued a memorandum directing 
the Comprehensive Review on the Implementation of 
a Repeal of 10 U.S.C. 654 (section 654 of title 10, 
United States Code). 
(2) OBJECTIVES AND SCOPE OF REVIEW.—The 
Terms of Reference accompanying the Secretary’s 
memorandum established the following objectives 
and scope of the ordered review: 
(A) Determine any impacts to military 
readiness, military effectiveness and unit cohe-
sion, recruiting/retention, and family readiness 
that may result from repeal of the law and rec-
ommend any actions that should be taken in 
light of such impacts. 
(B) Determine leadership, guidance, and 
training on standards of conduct and new poli-
cies. 
(C) Determine appropriate changes to ex-
isting policies and regulations, including but not 
limited to issues regarding personnel manage-
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00184
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
185 
HR 5136 RHUC 
ment, leadership and training, facilities, inves-
tigations, and benefits. 
(D) Recommend appropriate changes (if 
any) to the Uniform Code of Military Justice. 
(E) Monitor and evaluate existing legisla-
tive proposals to repeal 10 U.S.C. 654 and pro-
posals that may be introduced in the Congress 
during the period of the review. 
(F) Assure appropriate ways to monitor 
the workforce climate and military effectiveness 
that support successful follow-through on imple-
mentation. 
(G) Evaluate the issues raised in ongoing 
litigation involving 10 U.S.C. 654. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (f) shall take effect 60 days after the date on 
which the last of the following occurs: 
(1) The Secretary of Defense has received the 
report required by the memorandum of the Sec-
retary referred to in subsection (a). 
(2) The President transmits to the congres-
sional defense committees a written certification, 
signed by the President, the Secretary of Defense, 
and the Chairman of the Joint Chiefs of Staff, stat-
ing each of the following: 
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00185
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
186 
HR 5136 RHUC 
(A) That the President, the Secretary of 
Defense, and the Chairman of the Joint Chiefs 
of Staff have considered the recommendations 
contained in the report and the report’s pro-
posed plan of action. 
(B) That the Department of Defense has 
prepared the necessary policies and regulations 
to exercise the discretion provided by the 
amendments made by subsection (f). 
(C) That the implementation of necessary 
policies and regulations pursuant to the discre-
tion provided by the amendments made by sub-
section (f) is consistent with the standards of 
military readiness, military effectiveness, unit 
cohesion, and recruiting and retention of the 
Armed Forces. 
(c) NO IMMEDIATE EFFECT ON CURRENT POLICY.— 
Section 654 of title 10, United States Code, shall remain 
in effect until such time that all of the requirements and 
certifications required by subsection (b) are met. If these 
requirements and certifications are not met, section 654 
of title 10, United States Code, shall remain in effect. 
(d) BENEFITS.—Nothing in this section, or the 
amendments made by this section, shall be construed to 
require the furnishing of benefits in violation of section 
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00186
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
187 
HR 5136 RHUC 
7 of title 1, United States Code (relating to the definitions 
of ‘‘marriage’’ and ‘‘spouse’’ and referred to as the ‘‘De-
fense of Marriage Act’’). 
(e) NO PRIVATE CAUSE OF ACTION.—Nothing in this 
section, or the amendments made by this section, shall be 
construed to create a private cause of action. 
(f) TREATMENT OF 1993 POLICY.— 
(1) TITLE 10.—Upon the effective date estab-
lished by subsection (b), chapter 37 of title 10, 
United States Code, is amended— 
(A) by striking section 654; and 
(B) in the table of sections at the begin-
ning of such chapter, by striking the item relat-
ing to section 654. 
(2) CONFORMING AMENDMENT.—Upon the ef-
fective date established by subsection (b), section 
571 of the National Defense Authorization Act for 
Fiscal Year 1994 (10 U.S.C. 654 note) is amended 
by striking subsections (b), (c), and (d). 
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00187
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
188 
HR 5136 RHUC 
Subtitle E—Military Justice and 
Legal Matters 
SEC. 541. CONTINUATION OF WARRANT OFFICERS ON AC-
TIVE DUTY TO COMPLETE DISCIPLINARY AC-
TION. 
Section 580 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(f) A warrant officer subject to discharge or retire-
ment under this section, but against whom any action has 
been commenced with a view to trying the officer by court- 
martial, may be continued on active duty, without preju-
dice to such action, until the completion of such action.’’. 
SEC. 542. ENHANCED AUTHORITY TO PUNISH CONTEMPT IN 
MILITARY JUSTICE PROCEEDINGS. 
(a) IN GENERAL.—Section 848 of title 10, United 
States Code (article 48 of the Uniform Code of Military 
Justice), is amended to read as follows: 
‘‘§ 848. Art. 48. Contempts 
‘‘(a) AUTHORITY TO PUNISH CONTEMPT.—A mili-
tary judge detailed to a court-martial, a court of inquiry, 
the Court of Appeals for the Armed Forces, a Court of 
Criminal Appeals, a provost court, or a military commis-
sion (other than a military commission established under 
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00188
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
189 
HR 5136 RHUC 
chapter 47A of this title) may punish for contempt any 
person who— 
‘‘(1) uses any menacing word, sign, or gesture 
in the presence of the military judge during the pro-
ceedings of the court-martial, court, or military com-
mission; 
‘‘(2) disturbs the proceedings of the court-mar-
tial, court, or military commission by any riot or dis-
order; or 
‘‘(3) willfully disobeys its lawful writ, process, 
order, rule, decree, or command. 
‘‘(b) PUNISHMENT.—A person punished for contempt 
under this section may be confined for not more than 30 
days, fined in an amount of not more than $1,000, or 
both.’’. 
(b) EFFECTIVE DATE.—Section 848 of title 10, 
United States Code (article 48 of the Uniform Code of 
Military Justice), as amended by subsection (a), shall 
apply with respect to acts of contempt committed after 
the date of the enactment of this Act. 
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00189
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
190 
HR 5136 RHUC 
SEC. 543. LIMITATIONS ON USE IN PERSONNEL ACTION OF 
INFORMATION CONTAINED IN CRIMINAL IN-
VESTIGATIVE REPORT OR IN INDEX MAIN-
TAINED FOR LAW ENFORCEMENT RETRIEVAL 
AND ANALYSIS. 
(a) LIMITATIONS.—Chapter 53 of title 10, United 
States Code, is amended by inserting after section 1034 
the following new section: 
‘‘§ 1034a. Criminal investigative report or index 
maintained for law enforcement retrieval 
and analysis: limitations on use in per-
sonnel actions 
‘‘(a) PROHIBITION
ON USE
IN PERSONNEL AC-
TIONS.—Except as provided in subsection (b), information 
relating to the titling or indexing of a member of the 
armed forces contained in any criminal investigative report 
prepared by any entity of the Department of Defense or 
index maintained by any entity of the Department of De-
fense for the purpose of potential retrieval and analysis 
by Department law enforcement organizations may not be 
used in connection with any personnel action involving the 
member. 
‘‘(b) AUTHORIZED EXCEPTIONS.—The prohibition in 
subsection (a) does not preclude the use of information 
relating to the titling or indexing of a member— 
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00190
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
192 
HR 5136 RHUC 
‘‘(2) TITLING.—The term ‘titling’ refers to the 
process by which a Department of Defense criminal 
investigative agency places the name of a person in 
the title block of a criminal investigative report at a 
time when the agency has credible information that 
the person committed a criminal offense. The titling, 
however, does not connote any degree of guilt or in-
nocence. 
‘‘(3) PERSONNEL
ACTION.—The term ‘per-
sonnel action’, with respect to a member, means any 
recommendation, action, or decision impacting or af-
fecting any aspect of the military service of the 
member.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 1034 the following new 
item: 
‘‘1034a. Criminal investigative report or index maintained for law enforcement 
retrieval and analysis: limitations on use in personnel actions.’’. 
SEC. 544. PROTECTION OF CHILD CUSTODY ARRANGE-
MENTS FOR PARENTS WHO ARE MEMBERS OF 
THE ARMED FORCES DEPLOYED IN SUPPORT 
OF A CONTINGENCY OPERATION. 
(a) CHILD CUSTODY PROTECTION.—Title II of the 
Servicemembers Civil Relief Act (50 U.S.C. App. 521 et 
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00192
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
193 
HR 5136 RHUC 
seq.) is amended by adding at the end the following new 
section: 
‘‘SEC. 208. CHILD CUSTODY PROTECTION. 
‘‘(a) RESTRICTION ON CHANGE OF CUSTODY.—If a 
motion for change of custody of a child of a servicemember 
is filed while the servicemember is deployed in support of 
a contingency operation, no court may enter an order 
modifying or amending any previous judgment or order, 
or issue a new order, that changes the custody arrange-
ment for that child that existed as of the date of the de-
ployment of the servicemember, except that a court may 
enter a temporary custody order if the court finds that 
it is in the best interest of the child. 
‘‘(b) COMPLETION OF DEPLOYMENT.—In any pre-
ceding covered under subsection (a), a court shall require 
that, upon the return of the servicemember from deploy-
ment in support of a contingency operation, the custody 
order that was in effect immediately preceding the date 
of the deployment of the servicemember is reinstated, un-
less the court finds that such a reinstatement is not in 
the best interest of the child, except that any such finding 
shall be subject to subsection (c). 
‘‘(c) EXCLUSION OF MILITARY SERVICE FROM DE-
TERMINATION OF CHILD’S BEST INTEREST.—If a motion 
for the change of custody of the child of a servicemember 
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00193
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
194 
HR 5136 RHUC 
is filed, no court may consider the absence of the service-
member by reason of deployment, or possibility of deploy-
ment, in determining the best interest of the child. 
‘‘(d) NO FEDERAL RIGHT OF ACTION.—Nothing in 
this section shall create a Federal right of action. 
‘‘(e) PREEMPTION.—In any case where State or Fed-
eral law applicable to a child custody proceeding under 
State or Federal law provides a higher standard of protec-
tion to the rights of the parent who is a servicemember 
than the rights provided under this section, the State or 
Federal court shall apply the State or Federal standard. 
‘‘(f) CONTINGENCY OPERATION DEFINED.—In this 
section, the term ‘contingency operation’ has the meaning 
given that term in section 101(a)(13) of title 10, United 
States Code, except that the term may include such other 
deployments as the Secretary may prescribe.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by adding at the 
end of the items relating to title II the following new item: 
‘‘208. Child custody protection.’’. 
SEC. 545. IMPROVEMENTS TO DEPARTMENT OF DEFENSE 
DOMESTIC VIOLENCE PROGRAMS. 
(a) IMMEDIATE ACTIONS REQUIRED.— 
(1) ENTRY OF DATA INTO LAW ENFORCEMENT 
SYSTEMS.—The Secretary of Defense shall ensure 
that all command actions related to domestic vio-
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00194
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
195 
HR 5136 RHUC 
lence incidents involving members of the Army, 
Navy, Air Force, or Marine Corps are entered into 
all Department of Defense law enforcement systems. 
(2) ISSUANCE OF FAMILY ADVOCACY PROGRAM 
GUIDANCE.—The Secretary of Defense shall issue 
Department of Defense Family Advocacy Program 
guidance. 
(b) IMPLEMENTATION
OF
OUTSTANDING
COMP-
TROLLER
GENERAL
RECOMMENDATIONS.—Consistent 
with the recommendations contained in the report of the 
Comptroller General of the United States titled ‘‘Status 
of Implementation of GAO’s 2006 Recommendations on 
the Department of Defense’s Domestic Violence Program’’ 
(GAO–10–577R), the Secretary of Defense shall complete, 
not later than 1 year after the date of enactment of this 
Act, implementation of actions to address the following 
recommendations: 
(1) DEFENSE
INCIDENT-BASED
REPORTING 
SYSTEM.—The Secretary of Defense shall develop a 
comprehensive management plan to address defi-
ciencies in the data captured in the Defense Inci-
dent-Based Reporting System to ensure the system 
can provide an accurate count of the domestic vio-
lence incidents that are reported throughout the De-
partment of Defense. 
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00195
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
196 
HR 5136 RHUC 
(2) ADEQUATE PERSONNEL.—The Secretary of 
Defense shall develop a plan to ensure that adequate 
personnel are available to implement recommenda-
tions made by the Defense Task Force on Domestic 
Violence. 
(3) DOMESTIC VIOLENCE TRAINING DATA FOR 
CHAPLAINS.—The Secretary of Defense shall develop 
a plan to collect domestic violence training data for 
chaplains. 
(4) OVERSIGHT
FRAMEWORK.—The Secretary 
of Defense shall develop an oversight framework for 
Department of Defense domestic violence programs, 
to include oversight of implementation of rec-
ommendations made by the Defense Task Force on 
Domestic Violence, budgeting, and policy compli-
ance. 
(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report 
containing the planned actions required under subsections 
(a) and (b). 
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00196
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
197 
HR 5136 RHUC 
SEC. 546. PUBLIC RELEASE OF RESTRICTED ANNEX OF DE-
PARTMENT OF DEFENSE REPORT OF THE 
INDEPENDENT REVIEW RELATED TO FORT 
HOOD PERTAINING TO OVERSIGHT OF THE 
ALLEGED PERPETRATOR OF THE ATTACK. 
(a) RELEASE REQUIRED.—Not later than 10 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall release publicly the restricted annex, de-
scribed in subsection (b), that was part of the January 
2010 Department of Defense Report of the Independent 
Review Related to Fort Hood and the attack there on No-
vember 5, 2009. 
(b) MATERIAL
SUBJECT
TO
RELEASE; EXCEP-
TION.—The restricted annex referred to in subsection (a) 
is the document described on page 9 of the January 2010 
Department of Defense Report of the Independent Review 
Related to Fort Hood, which provided the detailed find-
ings, recommendations, and complete supporting discus-
sions of the Independent Review pertaining to the over-
sight of the alleged perpetrator of the November 2009 at-
tack. No part of the restricted annex shall be exempted 
from public release, except— 
(1) materials that the Secretary of Defense de-
termines may imperil, if disclosed, any criminal in-
vestigation or prosecution related to the attack; and 
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00197
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
198 
HR 5136 RHUC 
(2) in accordance with section 1102 of title 10, 
United States Code, the memorandum summarizing 
the results of the medical quality assurance records 
relating to the care provided patients by the alleged 
perpetrator of the attack. 
Subtitle F—Member Education and 
Training Opportunities and Ad-
ministration 
SEC. 551. REPAYMENT OF EDUCATION LOAN REPAYMENT 
BENEFITS. 
(a) ENLISTED MEMBERS ON ACTIVE DUTY IN SPECI-
FIED MILITARY SPECIALTIES.—Section 2171 of title 10, 
United States Code, is amended by adding at the end the 
following new subsections: 
‘‘(g) Except a person described in subsection (e) who 
transfers to service making the person eligible for repay-
ment of loans under section 16301 of this title, a member 
of the armed forces who fails to complete the period of 
service required to qualify for loan repayment under this 
section shall be subject to the repayment provisions of sec-
tion 303a(e) of title 37. 
‘‘(h) The Secretary of Defense may prescribe, by reg-
ulations, procedures for implementing this section, includ-
ing standards for qualified loans and authorized payees 
and other terms and conditions for making loan repay-
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00198
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
199 
HR 5136 RHUC 
ments. Such regulations may include exceptions that 
would allow for the payment as a lump sum of any loan 
repayment due to a member under a written agreement 
that existed at the time of a member’s death or dis-
ability.’’. 
(b) MEMBERS
OF SELECTED RESERVE.—Section 
16301 of such title is amended by adding at the end the 
following new subsections: 
‘‘(h) Except a person described in subsection (e) who 
transfers to service making the person eligible for repay-
ment of loans under section 2171 of this title, a member 
of the armed forces who fails to complete the period of 
service required to qualify for loan repayment under this 
section shall be subject to the repayment provisions of sec-
tion 303a(e) of title 37. 
‘‘(i) The Secretary of Defense may prescribe, by regu-
lations, procedures for implementing this section, includ-
ing standards for qualified loans and authorized payees 
and other terms and conditions for making loan repay-
ments. Such regulations may include exceptions that 
would allow for the payment as a lump sum of any loan 
repayment due to a member under a written agreement 
that existed at the time of a member’s death or dis-
ability.’’. 
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00199
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
200 
HR 5136 RHUC 
SEC. 552. ACTIVE DUTY OBLIGATION FOR GRADUATES OF 
THE MILITARY SERVICE ACADEMIES PAR-
TICIPATING IN THE ARMED FORCES HEALTH 
PROFESSIONS SCHOLARSHIP AND FINANCIAL 
ASSISTANCE PROGRAM. 
(a) UNITED STATES MILITARY ACADEMY GRAD-
UATES.—Section 4348(a) of title 10, United States Code, 
is amended by adding at the end the following new para-
graph: 
‘‘(4) That if an appointment described in para-
graph (2) or (3) is tendered and the cadet partici-
pates in the Armed Forces Health Professions 
Scholarship and Financial Assistance program under 
subchapter I of chapter 105 of this title, the cadet 
will fulfill any unserved obligation incurred under 
this section on active duty, regardless of the type of 
appointment held, upon completion of, and in addi-
tion to, any service obligation incurred under section 
2123 of this title for participation in the program.’’. 
(b) UNITED
STATES
NAVAL
ACADEMY
GRAD-
UATES.—Section 6959(a) of such title is amended by add-
ing at the end the following new paragraph: 
‘‘(4) That if an appointment described in para-
graph (2) or (3) is tendered and the midshipman 
participates in the Armed Forces Health Professions 
Scholarship and Financial Assistance program under 
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00200
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
201 
HR 5136 RHUC 
subchapter I of chapter 105 of this title, the mid-
shipman will fulfill any unserved obligation incurred 
under this section on active duty, regardless of the 
type of appointment held, upon completion of, and 
in addition to, any service obligation incurred under 
section 2123 of this title for participation in the pro-
gram.’’. 
(c) UNITED STATES AIR FORCE ACADEMY GRAD-
UATES.—Section 9348(a) of such title is amended by add-
ing at the end the following new paragraph: 
‘‘(4) That if an appointment described in para-
graph (2) or (3) is tendered and the cadet partici-
pates in the Armed Forces Health Professions 
Scholarship and Financial Assistance program under 
subchapter I of chapter 105 of this title, the cadet 
will fulfill any unserved obligation incurred under 
this section on active duty, regardless of the type of 
appointment held, upon completion of, and in addi-
tion to, any service obligation incurred under section 
2123 of this title for participation in the program.’’. 
(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 Acad-
emy beginning with the first class of candidates nominated 
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00201
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
202 
HR 5136 RHUC 
for appointment to these military service academies after 
the date of the enactment of this Act. 
SEC. 553. WAIVER OF MAXIMUM AGE LIMITATION ON AD-
MISSION TO SERVICE ACADEMIES FOR CER-
TAIN ENLISTED MEMBERS WHO SERVED DUR-
ING OPERATION IRAQI FREEDOM OR OPER-
ATION ENDURING FREEDOM. 
(a) WAIVER AUTHORITY.—The Secretary of the mili-
tary department concerned may waive the maximum age 
limitation specified in section 4346(a), 6958(a)(1), or 
9346(a) of title 10, United States Code, for the admission 
of a candidate to the United States Military Academy, the 
United States Naval Academy, or the United States Air 
Force Academy, if the candidate, otherwise satisfies the 
eligibility requirements for admission to that academy, 
and— 
(1) is an enlisted member of the Armed Forces 
and, as a result of service on active duty in a theater 
of operations for Operation Iraqi Freedom or Oper-
ation Enduring Freedom, was or is prevented from 
being admitted to that academy before the member 
reached the maximum age specified in such sections; 
or 
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00202
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
203 
HR 5136 RHUC 
(2) possesses an exceptional overall record that 
the Secretary concerned determines sets the can-
didate apart from all other candidates. 
(b) LIMITATION OF WAIVER.— 
(1) MAXIMUM
AGE.—A waiver may not be 
granted under subsection (a) to a member of the 
Armed Forces described in such subsection if the 
member would pass the member’s twenty-sixth birth-
day by July 1 of the year in which the member 
would enter the military service academy. 
(2) MAXIMUM
NUMBER.—No more than five 
members of the Armed Forces may attend each of 
the military service academies at any one time pur-
suant to a waiver granted under subsection (a)(2). 
(c) DURATION OF WAIVER AUTHORITY.—The au-
thority to grant a waiver under subsection (a) expires on 
September 30, 2015. 
SEC. 554. REPORT OF FEASIBILITY AND COST OF EXPAND-
ING ENROLLMENT AUTHORITY OF COMMU-
NITY COLLEGE OF THE AIR FORCE TO IN-
CLUDE 
ADDITIONAL 
MEMBERS 
OF 
THE 
ARMED FORCES. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to Congress a report, prepared in consultation with the 
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00203
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
204 
HR 5136 RHUC 
Secretary of the Air Force, evaluating the feasibility and 
cost of authorizing enlisted members of the Army, Navy, 
Marine Corps and Coast Guard to enroll in Community 
College of the Air Force programs offered under section 
9315 of title 10, United States Code. 
Subtitle G—Defense Dependents’ 
Education 
SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 
EDUCATIONAL AGENCIES THAT BENEFIT DE-
PENDENTS OF MEMBERS OF THE ARMED 
FORCES AND DEPARTMENT OF DEFENSE CI-
VILIAN EMPLOYEES. 
(a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT 
NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 
amount authorized to be appropriated for fiscal year 2011 
pursuant to section 301(5) for operation and maintenance 
for Defense-wide activities, $50,000,000 shall be available 
only for the purpose of providing assistance to local edu-
cational agencies under subsection (a) of section 572 of 
the National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109–163; 119 Stat. 3271; 20 U.S.C. 
7703b). 
(b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT 
CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE 
CHANGES, OR FORCE RELOCATIONS.—Of the amount au-
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00204
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
205 
HR 5136 RHUC 
thorized to be appropriated for fiscal year 2011 pursuant 
to section 301(5) for operation and maintenance for De-
fense-wide activities, $15,000,000 shall be available only 
for the purpose of providing assistance to local educational 
agencies under subsection (b) of such section 572. 
(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In 
this section, the term ‘‘local educational agency’’ has the 
meaning given that term in section 8013(9) of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C. 
7713(9)). 
SEC. 562. ENROLLMENT OF DEPENDENTS OF MEMBERS OF 
THE ARMED FORCES WHO RESIDE IN TEM-
PORARY HOUSING IN DEPARTMENT OF DE-
FENSE DOMESTIC DEPENDENT ELEMENTARY 
AND SECONDARY SCHOOLS. 
Section 2164(a) of title 10, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(3)(A) The Secretary may, at the discretion of the 
Secretary, permit dependents of members of the armed 
forces described in subparagraph (B) to enroll in an edu-
cational program provided by the Secretary pursuant to 
this subsection without regard to the requirement in para-
graph (1) with respect to residence on a military installa-
tion. 
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00205
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
206 
HR 5136 RHUC 
‘‘(B) Subparagraph (A) applies only if— 
‘‘(i) the dependents reside in temporary housing 
(regardless of whether the temporary housing is on 
Federal property) in lieu of permanent living quar-
ters on a military installation; and 
‘‘(ii) the Secretary determines that the cir-
cumstances of such living arrangements justify ex-
tending the enrollment authority to include such de-
pendents. 
‘‘(C) The Secretary shall prescribe regulations to en-
sure consistent application of this paragraph.’’. 
Subtitle H—Decorations, Awards, 
and Commemorations 
SEC. 571. NOTIFICATION REQUIREMENT FOR DETERMINA-
TION MADE IN RESPONSE TO REVIEW OF 
PROPOSAL FOR AWARD OF A MEDAL OF 
HONOR NOT PREVIOUSLY SUBMITTED IN 
TIMELY FASHION. 
Section 1130(b) of title 10, United States Code, is 
amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) If a determination under this section includes 
a favorable recommendation for the award of the Medal 
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00206
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
207 
HR 5136 RHUC 
of Honor, submission of the detailed discussion of the ra-
tionale supporting the determination shall be made 
through the Secretary of Defense.’’. 
SEC. 572. DEPARTMENT OF DEFENSE RECOGNITION OF 
SPOUSES 
OF 
MEMBERS 
OF 
THE 
ARMED 
FORCES. 
(a) ESTABLISHMENT AND PRESENTATION OF LAPEL 
BUTTONS.—Chapter 57 of title 10, United States Code, 
is amended by inserting after section 1126 the following 
new section: 
‘‘§ 1126a. Spouse of combat veteran lapel button: eli-
gibility and presentation 
‘‘(a) DESIGN AND ELIGIBILITY.—A lapel button, to 
be known as the spouse-of-a-combat-veteran lapel button, 
shall be designed, as approved by the Secretary of De-
fense, to identify and recognize the spouse of a member 
of the armed forces who is serving or has served in a com-
bat zone for a period of more than 30 days. 
‘‘(b) PRESENTATION.—The Secretary concerned may 
authorize the use of appropriated funds to procure spouse- 
of-a-combat-veteran lapel buttons and to provide for their 
presentation to eligible spouses of members. 
‘‘(c) EXCEPTION TO TIME PERIOD REQUIREMENT.— 
The 30-day periods specified in subsections (a) and (b) 
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00207
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS
273 
HR 5136 RHUC 
last period of service in the armed forces was honor-
able, as characterized by the Secretary concerned. A 
member selected to participate in the Program be-
fore the retirement of the member or the separation 
or release of the member from active duty may con-
tinue to participate in the Program after the retire-
ment, separation, or release only if the member’s 
last period of service is characterized as honorable 
by the Secretary concerned. 
‘‘(4) SELECTION PRIORITIES.—In selecting eli-
gible members of the armed forces to receive assist-
ance under the Program, the Secretary shall give 
priority to members who— 
‘‘(A) have educational or military experi-
ence in science, mathematics, special education, 
or vocational or technical subjects; and 
‘‘(B) agree to seek employment as science, 
mathematics, or special education teachers in 
elementary schools or secondary schools or in 
other schools under the jurisdiction of a local 
educational agency. 
‘‘(5) OTHER CONDITIONS ON SELECTION.— 
‘‘(A) The Secretary may not select an eligi-
ble member of the armed forces to participate 
in the Program and receive financial assistance 
VerDate Mar 15 2010 
00:09 Jun 26, 2010
Jkt 089200
PO 00000
Frm 00273
Fmt 6652
Sfmt 6201
E:\BILLS\H5136.RHUC
H5136
mmaher on DSKD5P82C1PROD with BILLS