202 
Forces and who remain in the Armed Forces beyond 
the active duty service obligation assumed upon grad-
uation. 
(g) DURATION OF WAIVER AUTHORITY.—The author-
ity to grant a waiver under this section expires on Sep-
tember 30, 2016. 
SEC. 546. EDUCATION AND EMPLOYMENT ADVOCACY PRO-
GRAM FOR WOUNDED MEMBERS OF THE 
ARMED FORCES. 
(a) PROGRAM AUTHORIZED; FUNDING SOURCE.—In 
the budget submitted to Congress under section 1105 of title 
31, United States Code, for fiscal year 2012, the President 
requested $ 2,201,964 for Operation & Maintenance, De-
fense-wide, Budget Activity 04, Administrative and Serv-
ice-Wide Activities, Office of the Secretary of Defense. Of 
the amounts authorized to be appropriated by section 301, 
as specified in the corresponding funding table in division 
D, the Secretary of the Defense shall obligate an additional 
$15,000,000 for purpose of an education and employment 
advocacy pilot program to engage wounded members of the 
Armed Forces early in their recovery. The Secretary may 
award grants to, or enter into contracts and cooperative 
agreements with, organizations, which may include non- 
profit organizations, that the Secretary determines are eli-
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203 
gible to assist in planning, developing, managing, and im-
plementing the pilot program. 
(b) MERIT-BASED OR COMPETITIVE DECISIONS.—A 
decision to commit, obligate, or expend funds referred to 
in the second sentence of subsection (a) with or to a specific 
entity shall— 
(1) be based on merit-based selection procedures 
in accordance with the requirements of sections 
2304(k) and 2374 of title 10, United States Code, or 
on competitive procedures; and 
(2) comply with other applicable provisions of 
law. 
Subtitle F—Army National Military 
Cemeteries 
SEC. 551. ARMY NATIONAL MILITARY CEMETERIES. 
(a) MANAGEMENT
RESPONSIBILITIES
AND
OVER-
SIGHT.—Title 10, United States Code, is amended by in-
serting after chapter 445 the following new chapter: 
‘‘CHAPTER 446—ARMY NATIONAL 
MILITARY CEMETERIES 
‘‘Sec. 
‘‘4721. Authority and responsibilities of the Secretary of the Army. 
‘‘4722. Interment and inurnment policy. 
‘‘4723. Advisory committee on Arlington National Cemetery. 
‘‘4724. Executive Director. 
‘‘4725. Superintendents. 
‘‘4726. Oversight and inspections. 
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‘‘§ 4721. Authority and responsibilities of the Sec-
retary of the Army 
‘‘(a) GENERAL AUTHORITY.—The Secretary of the 
Army shall develop, operate, manage, administer, oversee, 
and fund the Army National Military Cemeteries specified 
in subsection (b) in a manner and to standards that fully 
honor the service and sacrifices of the deceased members of 
the armed forces buried or inurned in the Cemeteries. 
‘‘(b) ARMY NATIONAL MILITARY CEMETERIES.—The 
Army National Military Cemeteries (in this chapter re-
ferred to as the ‘Cemeteries’) consist of the following: 
‘‘(1) Arlington National Cemetery in Arlington, 
Virginia. 
‘‘(2) The United States Soldiers’ and Airmen’s 
Home National Cemetery in the District of Colombia. 
‘‘(c) ADMINISTRATIVE JURISDICTION.—The Cemeteries 
shall be under the jurisdiction of Headquarters, Department 
of the Army. 
‘‘(d) REGULATIONS AND OTHER POLICIES.—The Sec-
retary of the Army shall prescribe such regulations and 
policies as may be necessary administer the Cemeteries. 
‘‘(e) BUDGETARY AND REPORTING REQUIREMENTS.— 
The Secretary of the Army shall submit to the congressional 
defense committees and the Committees on Veterans’ Affairs 
of the Senate and House of Representatives an annual 
budget request (and detailed justifications for the amount 
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of the request) to fund administration, operation and main-
tenance, and construction related to the Cemeteries. The 
Secretary may include, as necessary, proposals for new or 
amended statutory authority related to the Cemeteries. 
‘‘§ 4722. Interment and inurnment policy 
‘‘(a) ELIGIBILITY DETERMINATIONS GENERALLY.— 
The Secretary of the Army, with the approval of the Sec-
retary of Defense, shall determine eligibility for interment 
or inurnment in the Cemeteries. 
‘‘(b) REMOVAL OF REMAINS.—Under such regulations 
as the Secretary of the Army may prescribe under section 
4721(d) of this title, the Secretary of Defense may authorize 
the removal of the remains of a person described in sub-
section (c) from one of the Cemeteries for re-interment or 
re-inurnment if, upon the death of the primary person eligi-
ble for interment or inurnment in the Cemeteries, the de-
ceased primary eligible person will not be buried in the 
same or an adjoining grave. 
‘‘(c) COVERED PERSONS.—Except as provided in sub-
section (d), the persons whose remains may be removed pur-
suant to subsection (b) are the deceased spouse, a minor 
child, and, in the discretion of the Secretary of the Army, 
an unmarried adult child of a member eligible for inter-
ment or inurnment in the Cemeteries. 
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‘‘(d) EXCEPTIONS.—The remains of a person described 
in subsection (c) may not be removed from one of the Ceme-
teries under subsection (b) if the primary person eligible 
for burial in the Cemeteries is a person— 
‘‘(1) who is missing in action; 
‘‘(2) whose remains have not been recovered or 
identified; 
‘‘(3) whose remains were buried at sea, whether 
by the choice of the person or otherwise; 
‘‘(4) whose remains were donated to science; or 
‘‘(5) whose remains were cremated and whose 
ashes were scattered without internment of any por-
tion of the ashes. 
‘‘§ 4723. Advisory committee on Arlington National 
Cemetery 
‘‘(a) APPOINTMENT.—The Secretary of the Army shall 
appoint an advisory committee on Arlington National Cem-
etery. 
‘‘(b) ROLE.—The Secretary of the Army shall advise 
and consult with the advisory committee with respect to the 
administration of Arlington National Cemetery, the erec-
tion of memorials at the cemetery, and master planning 
for the cemetery. 
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‘‘(c) REPORTS AND RECOMMENDATIONS.—The advi-
sory committee shall make periodic reports and rec-
ommendations to the Secretary of the Army. 
‘‘(d) SUBMISSION TO CONGRESS.—Not later than 90 
days after receiving a report or recommendations from the 
advisory committee under subsection (c), the Secretary of 
the Army shall submit the report or recommendations to 
the congressional defense committees and the Committees on 
Veterans’ Affairs of the Senate and House of Representa-
tives and include such comments and recommendations of 
the Secretary as the Secretary considers appropriate. 
‘‘§ 4724. Executive Director 
‘‘(a) APPOINTMENT AND QUALIFICATIONS.—(1) There 
shall be an Executive Director of the Army National Mili-
tary Cemeteries who shall meet such professional qualifica-
tions as may be established by the Secretary of the Army. 
‘‘(2) The Executive Director reports directly to the Sec-
retary. 
‘‘(b) RESPONSIBILITIES.—The Executive Director is 
responsible for the following: 
‘‘(1) Exercising authority, direction and control 
over all aspects of the Cemeteries. 
‘‘(2) Establishing and maintaining full account-
ability for all gravesites and inurnment niches in the 
Cemeteries. 
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208 
‘‘(3) Oversight of the construction, operation and 
maintenance, and repair of the buildings, structures, 
and utilities of the Cemeteries. 
‘‘(4) Acquisition and maintenance of real prop-
erty and interests in real property for the Cemeteries. 
‘‘(5) Planning and conducting private cere-
monies at the Cemeteries, including funeral and me-
morial services for interment and inurnment, and 
planning and conducting public ceremonies, as di-
rected by the Secretary of the Army. 
‘‘(6) Formulating, promulgating, administering, 
and overseeing policies and addressing proposals for 
the placement of memorials and monuments in the 
Cemeteries. 
‘‘(7) Formulating and implementing a master 
plan for Arlington National Cemetery that, at a min-
imum, addresses interment and inurnment capacity, 
visitor accommodation, operation and maintenance, 
capital requirements, preservation of the cemetery’s 
special features, and other matters the Executive Di-
rector considers appropriate. 
‘‘(8) Overseeing the programming, planning, 
budgeting, and execution of funds authorized and ap-
propriated for the Cemeteries. 
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209 
‘‘(9) Supervising the superintendents of the 
Cemeteries. 
‘‘(c) DIGITIZATION OF ARLINGTON NATIONAL CEME-
TERY INTERNMENT AND INURNMENT RECORDS.—(1) Not 
later than June 1, 2012, all records related to internments 
and inurnments at Arlington National Cemetery shall be 
converted to a digitized format. Thereafter, use of the 
digitized format shall be the method by which all subsequent 
records related to internments and inurnments at Arlington 
National Cemetery are preserved and utilized. 
‘‘(2) In this subsection, ‘digitized format’ refers to the 
use of an electronic database for recordkeeping and includes 
the full accounting of all records of each specific gravesite 
and niche location at Arlington National Cemetery and the 
identification of the individual interred or inurned at each 
specific gravesite and niche location. 
‘‘§ 4725. Superintendents 
‘‘(a) APPOINTMENT AND QUALIFICATIONS.—An indi-
vidual serving as the superintendent of one of the Cemeteries 
should be a retired or former member of the armed forces 
who served honorably and who— 
‘‘(1) has experience in the administration, man-
agement, and operation of cemeteries under the juris-
diction of the National Cemeteries System adminis-
tered by the Department of Veterans Affairs; or 
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‘‘(2) as determined by the Secretary of the Army, 
has experience in the administration, management, 
and operation of large civilian cemeteries equivalent 
to the experience described in paragraph (1). 
‘‘(b) DUTIES.—The superintendents of the Cemeteries 
report directly to the Executive Director and performs such 
duties and responsibilities as the Executive Director pre-
scribes. 
‘‘§ 4726. Oversight and inspections 
‘‘(a) INSPECTIONS REQUIRED.—(1) The Secretary of 
the Army shall provide for the oversight of the Cemeteries 
to ensure the highest quality standards are maintained by 
providing for the periodic inspection of the administration, 
operation and maintenance, and construction elements ap-
plicable to the Cemeteries. Except as provided in paragraph 
(2), the inspections shall be conducted by personnel of the 
Department of the Army with the assistance, as the Sec-
retary considers appropriate, of personnel from other Fed-
eral agencies and civilian experts. 
‘‘(2) The Inspector General of the Department of De-
fense shall conduct an inspection of the Cemeteries during 
fiscal years 2012 and 2014. 
‘‘(b) SUBMISSION OF RESULTS.—Not later than 120 
days after the completion of an inspection conducted under 
subsection (a), the Secretary of the Army shall submit to 
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211 
the congressional defense committees a report containing the 
results of the inspection and recommendations and a plan 
for corrective actions to be taken in response to the inspec-
tion.’’. 
(b) TABLE OF CHAPTERS.—The table of chapters at 
the beginning of subtitle B of such title and at the beginning 
of part IV of such subtitle are amended by inserting after 
the item relating to chapter 445 the following new item: 
‘‘446. Army National Military Cemeteries ....................................................
4721’’. 
(c) TIME FOR APPOINTMENT AND FIRST MEETING OF 
ADVISORY COMMITTEE ON ARLINGTON NATIONAL CEME-
TERY.—The advisory committee on Arlington National 
Cemetery required by section 4723 of title 10, United States 
Code, as added by subsection (a), shall be appointed by the 
Secretary of the Army and hold its first meeting not later 
than 30 days after the date of the enactment of this Act. 
SEC. 552. INSPECTOR GENERAL OF THE DEPARTMENT OF 
DEFENSE INSPECTION OF MILITARY CEME-
TERIES. 
(a) 
INSPECTION
AND
RECOMMENDATIONS
RE-
QUIRED.—The Inspector General of the Department of De-
fense shall conduct an inspection of each military cemetery 
and, based on the findings of those inspections, make rec-
ommendations for the regulation, management, oversight, 
and operation of the military cemeteries. 
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(b) ELEMENTS OF INSPECTION.—Subject to subsection 
(c), the inspection of the military cemeteries under sub-
section (a) shall include an assessment of the following: 
(1) The adequacy of the statutes, policies, and 
regulations governing the management, oversight, op-
erations, and interments or inurnments (or both) by 
the military cemeteries and the adherence of each 
military cemetery to such statutes, policies, and regu-
lations. 
(2) The system employed to fully account for and 
accurately identify the remains interred or inurned 
in the military cemeteries. 
(3) The contracts and contracting processes and 
oversight of those contracts and processes with regard 
to compliance with Department of Defense and mili-
tary department guidelines. 
(4) The history and adequacy of the oversight 
conducted by the Secretaries of the military depart-
ments over the military cemeteries under their juris-
diction and the adequacy of corrective actions taken 
as a result of that oversight. 
(5) The statutory and policy guidance governing 
the authorization for the Secretaries of the military 
departments to operate the military cemeteries and 
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213 
an assessment of the budget and appropriations struc-
ture and history of each military cemetery. 
(6) Such other matters as the Inspector General 
of the Department of Defense considers to be appro-
priate. 
(c) SPECIAL CONSIDERATIONS.—The inspection under 
subsection (a) of the cemetery at the Armed Forces Retire-
ment Home–Washington shall focus primarily on— 
(1) the assessment required by subsection (b)(5); 
and 
(2) whether the Secretary of the Army has fully 
and completely addressed issues raised by, and the 
recommendations made with regard to, such cemetery 
in the Inspector General of the Department of Defense 
2010 report of the Special Inspection of Arlington 
National Cemetery. 
(d) INSPECTION OF ADDITIONAL CEMETERIES.— 
(1) INSPECTION REQUIRED.—In addition to the 
inspection required by subsection (a), the Inspector 
General of the Department of Defense shall conduct 
an inspection of a statistically valid sample of ceme-
teries located at current or former military installa-
tions inside and outside the United States that are 
under the jurisdiction of the military departments for 
the purpose of obtaining an assessment of the ade-
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214 
quacy of and adherence to the statutes, policies, and 
regulations governing the management, oversight, op-
erations, and interments or inurnments (or both) by 
those cemeteries. 
(2) EXCLUSION.—Paragraph (1) does not apply 
to the cemeteries maintained by the American Battle 
Monuments Commission and the military cemeteries 
identified in subsection (f). 
(e) SUBMISSION OF INSPECTION RESULTS AND COR-
RECTIVE ACTION PLANS.— 
(1) MILITARY
CEMETERY
INSPECTIONS.—Not 
later than March 31, 2012, the Secretaries of the mili-
tary departments shall submit to the Committees on 
Armed Services of the Senate and the House of Rep-
resentatives a report containing— 
(A) the findings of the inspections of the 
military cemeteries conducted under subsection 
(a); 
(B) the recommendations of the Inspector 
General of the Department of Defense based on 
such inspections; and 
(C) a plan for corrective action. 
(2) INSPECTION OF ADDITIONAL CEMETERIES.— 
Not later than December 31, 2012, the Inspector Gen-
eral of the Department of Defense shall submit to the 
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215 
Committees on Armed Services of the Senate and the 
House of Representatives a report containing the 
findings of the inspections conducted under subsection 
(d) and the recommendations of the Inspector General 
based on such inspections. Not later than April 1, 
2013, the Secretaries of the military departments 
shall submit to such committees a plan for corrective 
action. 
(f) MILITARY CEMETERY DEFINED.—In subsection (a), 
the term ‘‘military cemetery’’ means the cemeteries that are 
under the jurisdiction of a Secretary of a military depart-
ment at each of the following locations: 
(1) The Armed Forces Retirement Home–Wash-
ington. 
(2) The United States Military Academy. 
(3) The United States Naval Academy. 
(4) The United States Air Force Academy. 
Subtitle G—Armed Forces 
Retirement Home 
SEC. 561. CONTROL AND ADMINISTRATION BY SECRETARY 
OF DEFENSE. 
Section 1511(d) of the Armed Forces Retirement Home 
Act of 1991 (24 U.S.C. 411(d)) is amended by adding at 
the end the following new paragraph: 
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216 
‘‘(3) The administration of the Retirement Home, in-
cluding administration for the provision of health care and 
medical care for residents, shall remain under the control 
and administration of the Secretary of Defense.’’. 
SEC. 562. SENIOR MEDICAL ADVISOR OVERSIGHT OF 
HEALTH CARE PROVIDED TO RESIDENTS OF 
ARMED FORCES RETIREMENT HOME. 
(a) ADVISORY RESPONSIBILITIES OF SENIOR MEDICAL 
ADVISOR.—Subsection (b) of section 1513A of the Armed 
Forces Retirement Home Act of 1991 (24 U.S.C. 413a) is 
amended— 
(1) by striking ‘‘(1) The’’; and inserting ‘‘The’’; 
(2) by striking paragraph (2); and 
(3) by striking ‘‘and the Chief Operating Offi-
cer’’ and all that follows through the period at the end 
and inserting the following: ‘‘the Chief Operating Of-
ficer, and the Advisory Council regarding the direc-
tion and oversight of— 
‘‘(1) medical administrative matters at each fa-
cility of the Retirement Home; and 
‘‘(2) the provision of medical care, preventive 
mental health, and dental care services at each facil-
ity of the Retirement Home.’’. 
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217 
(b) RELATED DUTIES.—Subsection (c) of such section 
is amended by striking paragraphs (3), (4), and (5) and 
inserting the following new paragraphs: 
‘‘(3) Periodically visit each facility of the Retire-
ment Home to review— 
‘‘(A) the medical facilities, medical oper-
ations, medical records and reports, and the 
quality of care provided to residents; and 
‘‘(B) inspections and audits to ensure that 
appropriate follow-up regarding issues and rec-
ommendations raised by such inspections and 
audits has occurred. 
‘‘(4) Report on the findings and recommenda-
tions developed as a result of each review conducted 
under paragraph (3) to the Chief Operating Officer, 
the Advisory Council, and the Under Secretary of De-
fense for Personnel and Readiness.’’. 
SEC. 563. ESTABLISHMENT OF ARMED FORCES RETIRE-
MENT HOME ADVISORY COUNCIL AND RESI-
DENT ADVISORY COMMITTEES. 
(a) REPLACEMENT
OF LOCAL BOARDS
OF TRUST-
EES.—The Armed Forces Retirement Home Act of 1991 (24 
U.S.C. 416) is amended by striking section 1516 and insert-
ing the following new sections: 
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218 
‘‘SEC. 1516. ADVISORY COUNCIL. 
‘‘(a) ESTABLISHMENT.—The Retirement Home shall 
have an Advisory Council, to be known as the ‘Armed 
Forces Retirement Home Advisory Council’. The Advisory 
Council shall serve the interests of both facilities of the Re-
tirement Home. 
‘‘(b) DUTIES.—(1) The Advisory Council shall provide 
to the Chief Operating Officer and the Administrator of 
each facility such guidance and recommendations on the op-
eration and administration of the Retirement Home and 
the quality of care provided to residents as the Advisory 
Council considers appropriate. 
‘‘(2) Not less often than annually, the Advisory Coun-
cil shall submit to the Secretary of Defense a report summa-
rizing its activities during the preceding year and pro-
viding such observations and recommendations with respect 
to the Retirement Home as the Advisory Council considers 
appropriate. 
‘‘(3) In carrying out its functions, the Advisory Coun-
cil shall— 
‘‘(A) provide for participation in its activities 
by a representative of the Resident Advisory Com-
mittee of each facility of the Retirement Home; and 
‘‘(B) make recommendations to the Inspector 
General of the Department of Defense regarding issues 
that the Inspector General should investigate. 
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‘‘(c) COMPOSITION.—(1) The Advisory Council shall 
consist of at least 15 members, each of whom shall be a 
full or part-time Federal employee or a member of the 
Armed Forces. 
‘‘(2) Members of the Advisory Council shall be des-
ignated by the Secretary of Defense, except that an indi-
vidual who is not an employee of the Department of Defense 
shall be designated, in consultation with the Secretary of 
Defense, by the head of the Federal department or agency 
that employs the individual. 
‘‘(3) The Advisory Council shall include the following 
members: 
‘‘(A) One member who is an expert in nursing 
home or retirement home administration and financ-
ing. 
‘‘(B) One member who is an expert in geron-
tology. 
‘‘(C) One member who is an expert in financial 
management. 
‘‘(D) Two representatives of the Department of 
Veterans Affairs, one to be designated from each of the 
regional offices nearest in proximity to the facilities 
of the Retirement Home. 
‘‘(E) The Chairpersons of the Resident Advisory 
Committees. 
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221 
retary of Defense may designate a member to serve one ad-
ditional term. 
‘‘(2) Unless earlier terminated by the Secretary of De-
fense, a person may continue to serve as a member of the 
Advisory Council after the expiration of the member’s term 
until a successor is designated. 
‘‘(3) The Secretary of Defense may terminate the term 
of service of a member of the Advisory Council before the 
expiration of the member’s term. 
‘‘(4) A member of the Advisory Council serves as a 
member of the Advisory Council only for as long as the 
member is assigned to or serving in a position for which 
the duties include the duty to serve as a member of the Advi-
sory Council. 
‘‘(e) VACANCIES.—A vacancy in the Advisory Council 
shall be filled in the manner in which the original designa-
tion was made. A member designated to fill a vacancy oc-
curring before the end of the term of the predecessor shall 
be designated for the remainder of the term of the prede-
cessor. A vacancy in the Advisory Council shall not affect 
its authority to perform its duties. 
‘‘(f) COMPENSATION.—(1) Except as provided in para-
graph (2), a member of the Advisory Council shall— 
‘‘(A) be provided a stipend consistent with the 
daily government consultant fee for each day on 
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222 
which the member is engaged in the performance of 
services for the Advisory Council; and 
‘‘(B) while away from home or regular place of 
business in the performance of services for the Advi-
sory Council, be allowed travel expenses (including 
per diem in lieu of subsistence) in the same manner 
as a person employed intermittently in Government 
under sections 5701 through 5707 of title 5, United 
States Code. 
‘‘(2) A member of the Advisory Council who is a mem-
ber of the Armed Forces on active duty or a full-time officer 
or employee of the United States shall receive no additional 
pay by reason of serving as a member of the Advisory Coun-
cil. 
‘‘SEC. 1516A. RESIDENT ADVISORY COMMITTEES. 
‘‘(a) ESTABLISHMENT AND PURPOSE.—(1) A Resident 
Advisory Committee is an elected body of residents at each 
facility of the Retirement Home established to provide a 
forum for all residents to express their needs, ideas, and 
interests through elected representatives of their respective 
floor or area. 
‘‘(2) A Resident Advisory Committee— 
‘‘(A) serves as a forum for ideas, recommenda-
tions, and representation to management of that facil-
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223 
ity of the Retirement Home to enhance the morale, 
safety, health, and well-being of residents; and 
‘‘(B) provides a means to communicate policy 
and general information between residents and man-
agement. 
‘‘(b) ELECTION PROCESS.—The election process for the 
Resident Advisory Committee at a facility of the Retirement 
Home shall be coordinated by the facility Ombudsman. 
‘‘(c) CHAIRPERSON.—(1) The Chairperson of a Resi-
dent Advisory Committee shall be elected at large and serve 
a two-year term. 
‘‘(2) Chairpersons serve as a liaison to the Adminis-
trator and are voting members of the Advisory Council. 
Chairpersons shall create meeting agendas, conduct the 
meetings, and provide a copy of the minutes to the Adminis-
trator, who will forward the copy to the Chief Operating 
Officer for approval. 
‘‘(d) MEETINGS.—At a minimum, meetings of a Resi-
dent Advisory Committee shall be conducted quarterly.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) DEFINITIONS.—Section 1502 of such Act (24 
U.S.C. 401) is amended— 
(A) by striking paragraph (2); 
(B) by redesignating paragraph (3) as 
paragraph (2); and 
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(C) by inserting after paragraph (2) (as so 
redesignated) the following new paragraphs: 
‘‘(3) The term ‘Advisory Council’ means the 
Armed Forces Retirement Home Advisory Council es-
tablished under section 1516. 
‘‘(4) The term ‘Resident Advisory Committee’ 
means an elected body of residents at a facility of the 
Retirement Home established under section 1516A.’’. 
(2) RESPONSIBILITIES OF CHIEF OPERATING OF-
FICER.—Section 1515(c)(2) of such Act (24 U.S.C. 
415(c)(2)) is amended by striking ‘‘, including the 
Local Boards of those facilities’’. 
(3) INSPECTION
OF
RETIREMENT
HOME.—Sec-
tion 1518 of such Act (24 U.S.C. 418) is amended— 
(A) in subsection (b)— 
(i) in paragraph (1), by striking 
‘‘Local Board for the facility or the resident 
advisory committee or council’’ and insert-
ing ‘‘Advisory Council or the Resident Ad-
visory Committee’’; and 
(ii) in paragraph (3), by striking 
‘‘Local Board for the facility, the resident 
advisory committee or council’’ and insert-
ing ‘‘Advisory Council, the Resident Advi-
sory Committee’’; 
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(B) in subsection (c)(1), by striking ‘‘Local 
Board for the facility’’ and inserting ‘‘Advisory 
Council’’; and 
(C) in subsection (e)(1), by striking ‘‘Local 
Board for the facility’’ and inserting ‘‘Advisory 
Council’’. 
SEC. 564. ADMINISTRATORS, OMBUDSMEN, AND STAFF OF 
FACILITIES. 
(a) LEADERSHIP OF FACILITIES OF THE RETIREMENT 
HOME.—Section 1517 of the Armed Forces Retirement 
Home Act of 1991 (24 U.S.C. 417) is amended— 
(1) in subsection (a), by striking ‘‘a Director, a 
Deputy Director, and an Associate Director’’ and in-
serting ‘‘an Administrator and an Ombudsman’’; 
(2) in subsections (b) and (c)— 
(A) by striking ‘‘DIRECTOR’’ in each sub-
section 
heading 
and 
inserting 
‘‘ADMINIS-
TRATOR’’; and 
(B) by striking ‘‘Director’’ each place it ap-
pears and inserting ‘‘Administrator’’; 
(3) by striking subsections (d) and (e) and redes-
ignating subsections (f), (g), (h), and (i) as sub-
sections (d), (e), (f), and (g), respectively; 
(4) in subsection (d), as so redesignated— 
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226 
(A) by striking ‘‘ASSOCIATE DIRECTOR’’ in 
the subsection heading and inserting ‘‘OMBUDS-
MAN’’; and 
(B) by striking ‘‘Associate Director’’ in 
paragraphs (1) and (2) and inserting ‘‘Ombuds-
man’’; 
(5) in subsection (e), as so redesignated— 
(A) by striking ‘‘ASSOCIATE DIRECTOR.—’’ 
in the subsection heading and inserting ‘‘OM-
BUDSMAN.—(1)’’; 
(B) by striking ‘‘Associate Director’’ and 
inserting ‘‘Ombudsman’’; 
(C) by striking ‘‘Director and Deputy Di-
rector’’ and inserting ‘‘Administrator’’; 
(D) by striking ‘‘Director may’’ and insert-
ing ‘‘Administrator may’’; and 
(E) by adding at the end the following new 
paragraph: 
‘‘(2) The Ombudsman may provide information to the 
Administrator, the Chief Operating Officer, the Senior Med-
ical Advisor, the Inspector General of the Department of 
Defense, and the Under Secretary of Defense for Personnel 
and Readiness.’’; 
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227 
(6) in subsection (f), as so redesignated, by strik-
ing ‘‘Director’’ each place it appears and inserting 
‘‘Administrator’’; and 
(7) in subsection (g), as so redesignated— 
(A) by striking ‘‘DIRECTORS’’ in the sub-
section heading and inserting ‘‘ADMINISTRA-
TORS’’; 
(B) in paragraph (1), by striking ‘‘Direc-
tors’’ and inserting ‘‘Administrators’’; and 
(C) in paragraph (2), by striking ‘‘a Direc-
tor’’ and inserting ‘‘an Administrator’’. 
(b) CONFORMING AMENDMENTS.— 
(1) 
REFERENCES
TO
DIRECTOR.—Sections 
1511(d)(2), 1512(c), 1514(a), 1518(b)(4), 1518(c), 
1518(d)(2), 1520, 1522, and 1523(b) of such Act are 
amended by striking ‘‘Director’’ each place it appears 
and inserting ‘‘Administrator’’. 
(2) 
REFERENCES
TO
DIRECTORS.—Sections 
1514(b) and 1520(c) of such Act (24 U.S.C. 414(b), 
420(c)) are amended by striking ‘‘Directors’’ and in-
serting ‘‘Administrators’’. 
SEC. 565. REVISION OF FEE REQUIREMENTS. 
(a) FIXING FEES.—Subsection (c) of section 1514 of 
the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 
414) is amended— 
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228 
(1) in paragraph (3), by striking the last sen-
tence; and 
(2) by adding at the end the following new para-
graph: 
‘‘(4) Until different fees are prescribed and take effect 
under this subsection and subject to any fee adjustment that 
the Secretary of Defense determines appropriate, the per-
centages and limitations on maximum monthly amount 
that are applicable to fees charged to residents for months 
beginning after December 31, 2011, are as follows: 
‘‘(A) For independent living residents, 35 per-
cent of total current income, but not to exceed $1,238 
each month. 
‘‘(B) For assisted living residents, 40 percent of 
total current income, but not to exceed $1,856 each 
month. 
‘‘(C) For long-term care residents, 65 percent of 
total current income, but not to exceed $3,094 each 
month.’’. 
(b) REPEAL OF FORMER TRANSITIONAL FEE STRUC-
TURES.—Such section is further amended by striking sub-
section (d). 
SEC. 566. REVISION OF INSPECTION REQUIREMENTS. 
Section 1518 of the Armed Forces Retirement Home 
Act of 1991 (24 U.S.C. 418) is amended— 
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229 
(1) in subsection (b)(1)— 
(A) by striking ‘‘In any year in which a fa-
cility of the Retirement Home is not inspected by 
a nationally recognized civilian accrediting or-
ganization,’’ and inserting ‘‘Not less often than 
once every three years,’’; 
(B) by striking ‘‘of that facility’’ and in-
serting ‘‘of each facility of the Retirement 
Home’’; and 
(C) by inserting ‘‘long-term care,’’ after ‘‘as-
sisted living,’’; 
(2) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘45 days’’ 
and inserting ‘‘90 days’’; and 
(B) by striking paragraph (2) and inserting 
the following new paragraph: 
‘‘(2) A report submitted under paragraph (1) shall in-
clude a plan by the Chief Operating Officer to address the 
recommendations and other matters contained in the re-
port.’’; and 
(3) in subsection (e)(1)— 
(A) by striking ‘‘45 days’’ and inserting 
‘‘60 days’’; and 
(B) by striking ‘‘Director of the facility con-
cerned shall submit to the Under Secretary of 
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230 
Defense for Personnel and Readiness, the Chief 
Operating Officer’’ and inserting ‘‘Chief Oper-
ating Officer shall submit to the Under Secretary 
of Defense for Personnel and Readiness, the Sen-
ior Medical Advisor’’. 
SEC. 567. REPEAL OF OBSOLETE TRANSITIONAL PROVI-
SIONS AND TECHNICAL, CONFORMING, AND 
CLERICAL AMENDMENTS. 
(a) REPEAL OF TRANSITIONAL PROVISIONS.—Part B 
of the Armed Forces Retirement Home Act of 1991, relating 
to transitional provisions for the Armed Forces Retirement 
Home Board and the Directors and Deputy Directors of the 
facilities of the Armed Forces Retirement Home, is repealed. 
(b) CORRECTION OF OBSOLETE REFERENCES TO RE-
TIREMENT HOME BOARD.— 
(1) ARMED FORCES RETIREMENT HOME ACT.— 
Section 1519(a)(2) of the Armed Forces Retirement 
Home Act of 1991 (24 U.S.C. 419(a)(2)) is amended 
by striking ‘‘Retirement Home Board’’ and inserting 
‘‘Chief Operating Officer’’. 
(2) TITLE 10, U.S.C..— 
(A) DEFENSE OF CERTAIN SUITS.—Section 
1089(g)(3) of title 10, United States Code, is 
amended by striking ‘‘Armed Forces Retirement 
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231 
Home Board’’ and inserting ‘‘Chief Operating 
Officer of the Armed Forces Retirement Home’’. 
(B) FINES
AND
FORFEITURES.—Section 
2772(b) of title 10, United States Code, is 
amended by striking ‘‘Armed Forces Retirement 
Home Board’’ and inserting ‘‘Chief Operating 
Officer of the Armed Forces Retirement Home’’. 
(c) SECTION HEADINGS.— 
(1) SECTION 1501.—The heading of section 1501 
of the Armed Forces Retirement Home Act of 1991 
(24 U.S.C. is amended to read as follows: 
‘‘SEC. 1501. SHORT TITLE; TABLE OF CONTENTS.’’. 
(2) SECTION 1513.—The heading of section 1513 
of such Act is amended to read as follows: 
‘‘SEC. 1513. SERVICES PROVIDED TO RESIDENTS.’’. 
(3) SECTION
1513A.—The heading of section 
1513A of such Act is amended to read as follows: 
‘‘SEC. 1513A. OVERSIGHT OF HEALTH CARE PROVIDED TO 
RESIDENTS.’’. 
(4) SECTION 1517.—The heading of section 1517 
of such Act is amended to read as follows: 
‘‘SEC. 1517. ADMINISTRATORS, OMBUDSMEN, AND STAFF OF 
FACILITIES.’’. 
(5) SECTION 1518.—The heading of section 1518 
of such Act is amended to read as follows: 
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232 
‘‘SEC. 1518. PERIODIC INSPECTION OF RETIREMENT HOME 
FACILITIES BY DEPARTMENT OF DEFENSE IN-
SPECTOR GENERAL AND OUTSIDE INSPEC-
TORS.’’. 
(6) PUNCTUATION.—The headings of sections 
1512 and 1520 of such Act are amended by adding 
a period at the end. 
(d) PART A HEADER.—The heading for part A is re-
pealed. 
(e) TABLE OF CONTENTS.—The table of contents in 
section 1501(b) of such Act is amended— 
(1) by striking the item relating to the heading 
for part A; 
(2) by striking the items relating to sections 
1513 and 1513A and inserting the following new 
items: 
‘‘Sec. 1513. Services provided to residents. 
‘‘Sec. 1513A. Oversight of health care provided to residents.’’; 
(3) by striking the items relating to sections 
1516, 1517, and 1518 and inserting the following: 
‘‘Sec. 1516. Advisory Council. 
‘‘Sec. 1516A. Resident Advisory Committees. 
‘‘Sec. 1517. Administrators, Ombudsmen, and staff of facilities. 
‘‘Sec. 1518. Periodic inspection of Retirement Home facilities by Department of 
Defense Inspector General and outside inspectors.’’; and 
(4) by striking the items relating to part B (in-
cluding the items relating to sections 1531, 1532, and 
1533). 
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233 
Subtitle H—Military Family 
Readiness Matters 
SEC. 571. REVISION TO MEMBERSHIP OF DEPARTMENT OF 
DEFENSE 
MILITARY 
FAMILY 
READINESS 
COUNCIL. 
Section 1781a(b) of title 10, United States Code, is 
amended to read as follows: 
‘‘(b) MEMBERS.—(1) The Council shall consist of the 
following members: 
‘‘(A) The Under Secretary of Defense for Per-
sonnel and Readiness, who shall serve as chair of the 
Council and who may designate a representative to 
chair the council in the Under Secretary’s absence. 
‘‘(B) The following persons, who shall be ap-
pointed or designated by the Secretary of Defense: 
‘‘(i) One representative of each of the Army, 
Navy, Marine Corps, and Air Force, each of 
whom shall be a member of the armed force to 
be represented. 
‘‘(ii) One representative of the Army Na-
tional Guard or the Air National Guard, who 
may be a member of the National Guard. 
‘‘(iii) One spouse or parent of a member of 
each of the Army, Navy, Marine Corps, and Air 
Force, two of whom shall be the spouse or parent 
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of an active component member and two of 
whom shall be the spouse or parent of a reserve 
component member. 
‘‘(C) Three individuals appointed by the Sec-
retary of Defense from among representatives of mili-
tary family organizations, including military family 
organizations of families of members of the regular 
components and of families of members of the reserve 
components. 
‘‘(D) The senior enlisted advisor from each of the 
Army, Navy, Marine Corps, and Air Force, except 
that two of these members may instead be selected 
from among the spouses of the senior enlisted advi-
sors. 
‘‘(E) The Director of the Office of Community 
Support for Military Families with Special Needs. 
‘‘(2)(A) The term on the Council of the members ap-
pointed or designated under clauses (i) and (iii) of subpara-
graph (B) of paragraph (1) shall be two years and may 
be renewed by the Secretary of Defense. Representation on 
the Council under clause (ii) of that subparagraph shall ro-
tate between the Army National Guard and Air National 
Guard every two years on a calendar year basis. 
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‘‘(B) The term on the Council of the members ap-
pointed under subparagraph (C) of paragraph (1) shall be 
three years.’’. 
SEC. 572. 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 2012 
by section 301 and available for operation and maintenance 
for Defense-wide activities as specified in the funding table 
in section 4301, $30,000,000 shall be available only for the 
purpose of providing assistance to local educational agen-
cies under subsection (a) of section 572 of the National De-
fense Authorization Act for Fiscal Year 2006 (Public Law 
109–163; 20 U.S.C. 7703b). 
(b) ASSISTANCE
TO SCHOOLS WITH ENROLLMENT 
CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE 
CHANGES, OR FORCE RELOCATIONS.—Of the amount au-
thorized to be appropriated for fiscal year 2012 by section 
301 and available for operation and maintenance for De-
fense-wide activities as specified in the funding table in sec-
tion 4301, $10,000,000 shall be available only for the pur-
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236 
pose of providing assistance to local educational agencies 
under subsection (b) of section 572 of the National Defense 
Authorization Act for Fiscal Year 2006 (Public Law 109– 
163; 20 U.S.C. 7703b). 
(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this 
section, the term ‘‘local educational agency’’ has the mean-
ing given that term in section 8013(9) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7713(9)). 
SEC. 573. PROTECTION OF CHILD CUSTODY ARRANGE-
MENTS FOR PARENTS WHO ARE MEMBERS OF 
THE ARMED FORCES. 
(a) CHILD CUSTODY PROTECTION.—Title II of the 
Servicemembers Civil Relief Act (50 U.S.C. App. 521 et 
seq.) is amended by adding at the end the following new 
section: 
‘‘SEC. 208. CHILD CUSTODY PROTECTION. 
‘‘(a) 
RESTRICTION
ON
TEMPORARY
CUSTODY 
ORDER.—If a court renders a temporary order for custodial 
responsibility for a child based solely on a deployment or 
anticipated deployment of a parent who is servicemember, 
then the court shall require that upon the return of the serv-
icemember from deployment, the custody order that was in 
effect immediately preceding the temporary order shall be 
reinstated, unless the court finds that such a reinstatement 
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237 
is not in the best interest of the child, except that any such 
finding shall be subject to subsection (b). 
‘‘(b) EXCLUSION OF MILITARY SERVICE FROM DETER-
MINATION OF CHILD’S BEST INTEREST.—If a motion or a 
petition is filed seeking a permanent order to modify the 
custody of the child of a servicemember, no court may con-
sider the absence of the servicemember by reason of deploy-
ment, or the possibility of deployment, in determining the 
best interest of the child. 
‘‘(c) NO FEDERAL RIGHT OF ACTION.—Nothing in this 
section shall create a Federal right of action. 
‘‘(d) PREEMPTION.—Preemption- In any case where 
State law applicable to a child custody proceeding involving 
a temporary order as contemplated in this section provides 
a higher standard of protection to the rights of the parent 
who is a deploying servicemember than the rights provided 
under this section with respect to such temporary order, the 
appropriate court shall apply the higher State standard. 
‘‘(e) DEPLOYMENT DEFINED.—In this section, the term 
‘deployment’ means the movement or mobilization of a serv-
icemember to a location for a period of longer than 60 days 
and not longer than 18 months pursuant to temporary or 
permanent official orders— 
‘‘(1) that are designated as unaccompanied; 
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238 
‘‘(2) for which dependent travel is not author-
ized; or 
‘‘(3) that otherwise do not permit the movement 
of family members to that location.’’. 
(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. 574. CENTER FOR MILITARY FAMILY AND COMMUNITY 
OUTREACH. 
(a) CENTER AUTHORIZED.—The Secretary of the 
Army may establish a Center for Military Family and 
Community Outreach to help increase the number (and en-
hance the competencies) of social workers and mental health 
service providers who— 
(1) are familiar with the special demands of ac-
tive duty on members of the Armed Forces and their 
families; and 
(2) can adapt prevention and intervention meth-
ods to times of war and the needs of military fami-
lies. 
(b) METHOD OF ESTABLISHMENT; MERIT-BASED OR 
COMPETITIVE DECISIONS.—(1) Under such criteria as the 
Secretary of the Army may establish, the Secretary may 
award grants to, or enter into contracts and cooperative 
agreements with, an historically black university in close 
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239 
proximity to an Army installation for the purpose of plan-
ning, developing, managing, and implementing the Center 
for Military Family and Community Outreach. 
(2) A decision to commit, obligate, or expend funds re-
ferred to in subsection (f) with or to a specific entity shall— 
(A) be based on merit-based selection procedures 
in accordance with the requirements of sections 
2304(k) and 2374 of title 10, United States Code, or 
on competitive procedures; and 
(B) comply with other applicable provisions of 
law. 
(c) USE OF ASSISTANCE.—Assistance provided under 
this section shall be used— 
(1) to establish the Center for Military Family 
and Community Outreach as described in subsection 
(b); 
(2) to train social work students, social work fac-
ulty members, and social workers to understand the 
complex features of military life and enhance their 
competencies in developing and providing services to 
military families; and 
(3) for such related activities and expenses as the 
Secretary of the Army may authorize. 
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(d) 
TRAINING
COMPONENT.—Training 
provided 
through the Center for Military Family and Community 
Outreach shall focus on— 
(1) mental health well-being; 
(2) independence; 
(3) resources; and 
(4) social well being for military families. 
(e) RESEARCH AND EDUCATION.—Research findings 
shall be disseminated through publications, workshops, and 
professional conferences. The Center for Military Family 
and Community Outreach shall hold annually a minimum 
of five half-day conferences and 20 workshops for social 
workers, faculty, and students. The Center shall host at least 
two State-wide or regional conferences (one for military 
families and one for professionals) concerning military cul-
ture, resources and prevention activities regarding grief, 
loss, divorce, domestic violence, sexual harassment, suicide, 
substance abuse, marital discord, financial, PTSD, and 
separation issues for families, children, and adolescents. 
(f) ADDITIONAL, DISCRETIONARY BUDGET AUTHOR-
ITY.—Of the amounts authorized to be appropriated by sec-
tion 301 for operation and maintenance for the Army, as 
specified in the corresponding funding table in division D, 
the Secretary of the Army shall obligate an additional 
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241 
$1,000,000 to carry out this section in furtherance of na-
tional security objectives. 
SEC. 575. MENTAL HEALTH SUPPORT FOR MILITARY PER-
SONNEL AND FAMILIES. 
(a) ADDITIONAL, DISCRETIONARY BUDGET AUTHOR-
ITY.—In the budget submitted to Congress under section 
1105 of title 31, United States Code, for fiscal year 2012, 
the President requested $5,960,400,000 for operation and 
maintenance, Marine Corps. Of the amounts authorized to 
be appropriated by section 301, as specified in the cor-
responding funding table in division D, the Secretary of 
the Navy shall obligate an additional $3,000,000 for a col-
laborative program that responds to escalating suicide rates 
and combat stress related arrests of military personnel, and 
trains active duty military personnel to recognize and re-
spond to combat stress disorder, suicide risk, substance ad-
diction, risk-taking behaviors and family violence, in fur-
therance of national security objectives. 
(b) MERIT-BASED OR COMPETITIVE DECISIONS.—A 
decision to commit, obligate, or expend funds referred to 
in the second sentence of subsection (a) with or to a specific 
entity shall— 
(1) be based on merit-based selection procedures 
in accordance with the requirements of sections 
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242 
2304(k) and 2374 of title 10, United States Code, or 
on competitive procedures; and 
(2) comply with other applicable provisions of 
law. 
SEC. 576. REPORT ON DEPARTMENT OF DEFENSE AUTISM 
PILOT PROJECTS. 
(a) REPORT REQUIRED.—Not later than March 14, 
2013, the Secretary of Defense shall submit to the Commit-
tees on Armed Services of the House of Representatives and 
the Senate a report on any pilot projects that the Depart-
ment of Defense is conducting on autism services. 
(b) MATTERS COVERED.—At a minimum, the report 
under subsection (a) shall include a comprehensive evalua-
tion of consumption patterns of autism treatment services, 
including intensity and volumes of use across specific diag-
noses, age groups, and treatment services. 
Subtitle I—Improved Sexual As-
sault Prevention and Response 
in the Armed Forces 
SEC. 581. DIRECTOR OF SEXUAL ASSAULT PREVENTION 
AND RESPONSE OFFICE. 
Section 1611(a) of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011 (Public Law 111– 
383; 10 U.S.C. 1561 note) is amended by adding before the 
period at the end of the first sentence the following: ‘‘, who 
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243 
shall be appointed from among general or flag officers of 
the Armed Forces or employees of the Department of Defense 
in a comparable Senior Executive Service position’’. 
SEC. 582. SEXUAL ASSAULT RESPONSE COORDINATORS 
AND SEXUAL ASSAULT VICTIM ADVOCATES. 
(a) ASSIGNMENT AND TRAINING.—Chapter 80 of title 
10, United States Code, is amended by adding at the end 
the following new section: 
‘‘§ 1568. Sexual assault prevention and response: Sex-
ual Assault Response Coordinators and 
Victim Advocates 
‘‘(a) ASSIGNMENT OF COORDINATORS.—(1) At least 
one full-time Sexual Assault Response Coordinator shall be 
assigned to each brigade or equivalent unit level of the 
armed forces. The Secretary of the military department con-
cerned may assign additional Sexual Assault Response Co-
ordinators as necessary based on the demographics or needs 
of the unit. An additional Sexual Assault Response Coordi-
nator may serve on a full-time or part-time basis at the 
discretion of the Secretary. 
‘‘(2) Effective October 1, 2013, only members of the 
armed forces and civilian employees of the Department of 
Defense may be assigned to duty as a Sexual Assault Re-
sponse Coordinator. 
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‘‘(b) ASSIGNMENT
OF VICTIM ADVOCATES.—(1) At 
least one full-time Sexual Assault Victim Advocate shall be 
assigned to each brigade or equivalent unit level of the 
armed forces. The Secretary of the military department con-
cerned may assign additional Victim Advocates as nec-
essary based on the demographics or needs of the unit. An 
additional Victim Advocate may serve on a full-time or 
part-time basis at the discretion of the Secretary. 
‘‘(2) Effective October 1, 2013, only members of the 
armed forces and civilian employees of the Department of 
Defense may be assigned to duty as a Victim Advocate. 
‘‘(c) TRAINING AND CERTIFICATION.—(1) As part of 
the sexual assault prevention and response program, the 
Secretary of Defense shall establish a professional and uni-
form training and certification program for Sexual Assault 
Response Coordinators assigned under subsection (a) and 
Sexual Assault Victim Advocates assigned under subsection 
(b). The program shall be structured and administered in 
a manner similar to the professional training available for 
Equal Opportunity Advisors through the Defense Equal Op-
portunity Management Institute. 
‘‘(2) In developing the curriculum and other compo-
nents of the program, the Secretary of Defense shall work 
with experts outside of the Department of Defense who are 
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experts in victim advocacy and sexual assault prevention 
and response training. 
‘‘(3) A decision to commit, obligate, or expend funds 
with or to a specific entity to assist with the development 
or implementation of the program shall— 
‘‘(A) be based on merit-based selection procedures 
in accordance with the requirements of sections 
2304(k) and 2374 of this title or on competitive pro-
cedures; and 
‘‘(B) comply with other applicable provisions of 
law. 
‘‘(4) Effective October 1, 2013, before a member or ci-
vilian employee may be assigned to duty as a Sexual As-
sault Response Coordinator under subsection (a) or Victim 
Advocate under subsection (b), the member or employee 
must have completed the training program required by 
paragraph (1) and obtained the certification. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘armed forces’ means the Army, 
Navy, Air Force, and Marine Corps. 
‘‘(2) The term ‘sexual assault prevention and re-
sponse program’ has the meaning given such term in 
section 1601(a) of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011 (Public Law 
111–383; 10 U.S.C. 1561 note).’’. 
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(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘1568. Sexual assault prevention and response: Sexual Assault Response Coordi-
nators and Victim Advocates.’’. 
SEC. 583. SEXUAL ASSAULT VICTIMS ACCESS TO LEGAL 
COUNSEL AND SERVICES OF SEXUAL AS-
SAULT RESPONSE COORDINATORS AND SEX-
UAL ASSAULT VICTIM ADVOCATES. 
(a) ACCESS.—Chapter 53 of title 10, United States 
Code, is amended by inserting after section 1044d the fol-
lowing new section: 
‘‘§ 1044e. Victims of sexual assault: access to legal as-
sistance and services of Sexual Assault 
Response Coordinators and Sexual As-
sault Victim Advocates 
‘‘(a) AVAILABILITY OF LEGAL ASSISTANCE AND VICTIM 
ADVOCATE SERVICES.— 
‘‘(1) MEMBERS.—A member of the armed forces 
or a dependent of a member of the armed forces who 
is the victim of a sexual assault is entitled to— 
‘‘(A) legal assistance provided by a military 
legal assistance counsel certified as competent to 
provide such assistance; 
‘‘(B) assistance provided by a qualified Sex-
ual Assault Response Coordinator; and 
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‘‘(C) assistance provided by a qualified Sex-
ual Assault Victim Advocate. 
‘‘(2) DEPENDENTS.—To the extent practicable, 
the Secretary of a military department shall make the 
assistance described in paragraph (1) available to de-
pendent of a member of the armed forces who is the 
victim of a sexual assault and resides on or in the vi-
cinity of a military installation. The Secretary con-
cerned shall define the term ‘vicinity’ for purposes of 
this paragraph. 
‘‘(3) NOTICE OF AVAILABILITY OF ASSISTANCE; 
OPT OUT.—The member or dependent shall be in-
formed of the availability of assistance under this 
subsection as soon as the member or dependent seeks 
assistance from a Sexual Assault Response Coordi-
nator or any other responsible member of the armed 
forces or Department of Defense civilian employee. 
The victim shall also be informed that the legal assist-
ance and services of a Sexual Assault Response Coor-
dinator and Sexual Assault Victim Advocate are op-
tional and these services may be declined, in whole or 
in part, at any time. 
‘‘(4) NATURE OF REPORTING IMMATERIAL.—In 
the case of a member of the armed forces, access to 
legal assistance and the services of Sexual Assault Re-
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sponse Coordinators and Sexual Assault Victim Advo-
cates are available regardless of whether the member 
elects unrestricted or restricted (confidential) report-
ing of the sexual assault. 
‘‘(b) RESTRICTED REPORTING OPTION.— 
‘‘(1) AVAILABILITY
OF
RESTRICTED
REPORT-
ING.—A member of the armed forces who is the victim 
of a sexual assault may confidentially disclose the de-
tails of the assault to an individual specified in para-
graph (2) and receive medical treatment, legal assist-
ance, or counseling, without triggering an official in-
vestigation of the allegations. 
‘‘(2) PERSONS
COVERED
BY
RESTRICTED
RE-
PORTING.—Individuals covered by paragraph (1) are 
the following: 
‘‘(A) Military legal assistance counsel. 
‘‘(B) Sexual Assault Response Coordinator. 
‘‘(C) Sexual Assault Victim Advocate. 
‘‘(D) Personnel staffing the DOD Safe 
Helpline or successor operation. 
‘‘(E) Healthcare personnel. 
‘‘(F) Chaplain. 
‘‘(c) DEFINITIONS.—In this section: 
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249 
‘‘(1) The term ‘sexual assault’ includes any of 
the offenses covered by section 920 of this title (article 
120). 
‘‘(2) The term ‘military legal assistance counsel’ 
means a judge advocate who— 
‘‘(A) is a graduate of an accredited law 
school or is a member of the bar of a Federal 
court or of the highest court of a State; and 
‘‘(B) is certified as competent to provide 
legal assistance by the Judge Advocate General of 
the armed force of which the judge advocate is a 
member.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 1044d the following new item: 
‘‘1044e. Victims of sexual assault: access to legal assistance and services of Sexual 
Assault Response Coordinators and Sexual Assault Victim Advo-
cates.’’. 
(c) CONFORMING AMENDMENT REGARDING PROVISION 
OF LEGAL COUNSEL.—Section 1044(d)(3)(B) of such title 
is amended by striking ‘‘sections 1044a, 1044b, 1044c, and 
1044d’’ and inserting ‘‘sections 1044a through 1044e’’. 
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250 
SEC. 584. PRIVILEGE IN CASES ARISING UNDER UNIFORM 
CODE OF MILITARY JUSTICE AGAINST DIS-
CLOSURE OF COMMUNICATIONS BETWEEN 
SEXUAL ASSAULT VICTIMS AND SEXUAL AS-
SAULT RESPONSE COORDINATORS, VICTIM 
ADVOCATES, AND CERTAIN OTHER PERSONS. 
(a) PRIVILEGE ESTABLISHED.— 
(1) IN GENERAL.—Subchapter XI of chapter 47 
of title 10, United States Code (the Uniform Code of 
Military Justice), is amended by adding at the end 
the following new section: 
‘‘§ 940a. Art. 140a. Privilege against disclosure of cer-
tain communications with Sexual Assault 
Response Coordinators, Victim Advocates, 
and certain other persons 
‘‘(a) PRIVILEGE AGAINST DISCLOSURE.—Communica-
tions between a person who is the victim of a sexual assault 
or other offense covered by section 920 of this title (article 
120) and a person specified in subsection (b) and the 
records relating to such communications are not subject to 
discovery and may not be admitted into evidence in any 
case arising under this chapter. 
‘‘(b) PERSONS COVERED BY PRIVILEGE.—The privi-
lege granted by subsection (a) applies to— 
‘‘(1) a Sexual Assault Response Coordinator; 
‘‘(2) a Sexual Assault Victim Advocate; and 
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‘‘(3) personnel staffing the DOD Safe Helpline 
or successor operation. 
‘‘(c) CONSENT EXCEPTION.—The victim of a sexual as-
sault may consent to the disclosure of any communication 
or record referred to in subsection (a) regarding the victim. 
‘‘(d) RELATION TO OTHER PRIVILEGES AGAINST DIS-
CLOSURE.—The privilege granted by subsection (a) in cases 
arising under this chapter is in addition to any other privi-
lege against disclosure that may exist with regard to com-
munications between a victim of a sexual assault and an-
other person.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
inserting after the item relating to section 1034a the 
following new item: 
‘‘940a. Art. 140a. Privilege against disclosure of certain communications with 
Sexual Assault Victim Advocates, Victim Advocates, and certain 
other persons.’’. 
(b) APPLICABILITY.—Section 940a of title 10, United 
States Code, as added by subsection (a), applies to commu-
nications and records described in such section whether 
made before, on, or after the date of the enactment of this 
Act. 
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252 
SEC. 585. MAINTENANCE OF RECORDS PREPARED IN CON-
NECTION WITH SEXUAL ASSAULTS INVOLV-
ING MEMBERS OF THE ARMED FORCES OR 
DEPENDENTS OF MEMBERS. 
(a) MAINTENANCE AND CONFIDENTIALITY OF SEXUAL 
ASSAULT RECORDS.— 
(1) IN GENERAL.—Chapter 50 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 993. Maintenance of medical, investigative, and 
other records prepared in connection with 
sexual assaults 
‘‘(a) MAINTENANCE OF RECORDS.—The Secretary of 
Defense shall maintain for not less than 100 years the 
records described in subsection (b) that are prepared by per-
sonnel of the Department of Defense in connection with a 
sexual assault involving a member of the armed forces or 
a dependent of a member to ensure future access to the 
records. 
‘‘(b) COVERED RECORDS.—The recordkeeping require-
ment imposed by subsection (a) applies to the following: 
‘‘(1) Department of Defense Form 2910, regard-
ing the victim reporting preference statement, or any 
successor document. 
‘‘(2) Department of Defense Form 2911, regard-
ing the forensic medical report prepared in the case 
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253 
of a sexual assault examination, or any successor doc-
ument. 
‘‘(3) Medical records. 
‘‘(4) Investigative reports prepared in connection 
with a sexual assault. 
‘‘(5) Such other information and reports as the 
Secretary of Defense considers appropriate. 
‘‘(c) VICTIM ACCESS.—The Secretary of Defense shall 
ensure that the victim of the sexual assault for which the 
records described in subsection (b) are prepared has perma-
nent access to the records. 
‘‘(d) PROTECTION OF RESTRICTED REPORTING OP-
TION.—The Secretary of Defense shall ensure that any rec-
ordkeeping system used to maintain records described in 
subsection (b) does not jeopardize the confidentiality of the 
restricted reporting option available to a victim of a sexual 
assault.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
adding at the end the following new item: 
‘‘993. Maintenance of medical, investigative, and other records prepared in con-
nection with sexual assaults.’’. 
(b) COPY OF RECORD OF COURT-MARTIAL TO VICTIM 
OF SEXUAL ASSAULT.—Section 854 of title 10, United 
States Code (article 54 of the Uniform Code of Military Jus-
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254 
tice), is amended by adding at the end the following new 
subsection: 
‘‘(e) In the case of a general or special court-martial 
involving a sexual assault or other offense covered by section 
920 of this title (article 120), a copy of the prepared record 
of the proceedings of the court-martial shall be given to the 
victim of the offence if the victim testified during the pro-
ceedings. The record of the proceedings shall be provided 
without charge and as soon as the record is authenticated. 
The victim shall be notified of the opportunity to receive 
the record of the proceedings.’’. 
SEC. 586. EXPEDITED CONSIDERATION AND PRIORITY FOR 
APPLICATION FOR CONSIDERATION OF A 
PERMANENT CHANGE OF STATION OR UNIT 
TRANSFER BASED ON HUMANITARIAN CONDI-
TIONS FOR VICTIM OF SEXUAL ASSAULT. 
(a) IN GENERAL.—Chapter 39 of title 10, United 
States Code, is amended by inserting after section 672 the 
following new section: 
‘‘§ 673. Consideration of application for permanent 
change of station or unit transfer for 
members on active duty who are the vic-
tim of a sexual assault 
‘‘(a) EXPEDITED CONSIDERATION AND PRIORITY FOR 
APPROVAL.—To the maximum extent practicable, the Sec-
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255 
retary concerned shall provide for the expedited consider-
ation and approval of an application for consideration of 
a permanent change of station or unit transfer submitted 
by a member of the armed forces serving on active duty 
who was a victim of a sexual assault or other offense covered 
by section 920 of this title (article 120) so as to reduce the 
possibility of retaliation against the member for reporting 
the sexual assault. 
‘‘(b) REGULATIONS.—The Secretaries of the military 
departments shall issue regulations to carry out this section, 
within guidelines provided by the Secretary of Defense.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 672 the following new item: 
‘‘673. Consideration of application for permanent change of station or unit trans-
fer for members on active duty who are the victim of a sexual 
assault.’’. 
SEC. 587. TRAINING AND EDUCATION PROGRAMS FOR SEX-
UAL ASSAULT PREVENTION AND RESPONSE 
PROGRAM. 
Subtitle A of title XVI of the Ike Skelton National De-
fense Authorization Act for Fiscal Year 2011 (Public Law 
111–383; 10 U.S.C. 1561 note) is amended by adding at 
the end the following new section: 
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256 
‘‘SEC. 1615. IMPROVED TRAINING AND EDUCATION PRO-
GRAMS. 
‘‘(a) SEXUAL ASSAULT PREVENTION AND RESPONSE 
TRAINING AND EDUCATION.— 
‘‘(1) DEVELOPMENT OF CURRICULUM.—Not later 
than one year after the date of the enactment of this 
Act, the Secretary of each military department shall 
develop a curriculum to provide sexual assault pre-
vention and response training and education for 
members of the Armed Forces under the jurisdiction 
of the Secretary and civilian employees of the mili-
tary department to strengthen individual knowledge, 
skills, and capacity to prevent and respond to sexual 
assault. In developing the curriculum, the Secretary 
shall work with experts outside of the Department of 
Defense who are experts sexual assault prevention and 
response training. 
‘‘(2) SCOPE OF TRAINING AND EDUCATION.—The 
sexual assault prevention and response training and 
education shall encompass initial entry and accession 
programs, annual refresher training, professional 
military education, peer education, and specialized 
leadership training. Training shall be tailored for 
specific leadership levels and local area requirements. 
‘‘(3) CONSISTENT TRAINING.—The Secretary of 
Defense shall ensure that the sexual assault prevention 
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257 
and response training provided to members of the 
Armed Forces and Department of Defense civilian 
employees is consistent throughout the military de-
partments. 
‘‘(b) INCLUSION IN PROFESSIONAL MILITARY EDU-
CATION.—The Secretary of Defense shall provide for the in-
clusion of a sexual assault prevention and response training 
module at each level of professional military education. The 
training shall be tailored to the new responsibilities and 
leadership requirements of members of the Armed Forces as 
they are promoted. 
‘‘(c) INCLUSION IN FIRST RESPONDER TRAINING.— 
‘‘(1) IN
GENERAL.—The Secretary of Defense 
shall direct that managers of specialty skills associ-
ated with first responders described in paragraph (2) 
integrate sexual assault response training in initial 
and recurring training courses. 
‘‘(2) COVERED
FIRST
RESPONDERS.—First re-
sponders referred to in paragraph (1) include fire-
fighters, emergency medical technicians, law enforce-
ment 
officers, 
military 
criminal 
investigators, 
healthcare personnel, judge advocates, and chaplains. 
‘‘(d) MERIT-BASED OR COMPETITIVE DECISIONS.—A 
decision to commit, obligate, or expend funds with or to 
a specific entity to assist with the development or imple-
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258 
mentation of sexual assault prevention and response train-
ing and education under this section shall— 
‘‘(1) be based on merit-based selection procedures 
in accordance with the requirements of sections 
2304(k) and 2374 of this title or on competitive pro-
cedures; and 
‘‘(2) comply with other applicable provisions of 
law.’’. 
Subtitle J—Other Matters 
SEC. 591. LIMITATIONS ON AUTHORITY TO PROVIDE SUP-
PORT AND SERVICES FOR CERTAIN ORGANI-
ZATIONS AND ACTIVITIES OUTSIDE DEPART-
MENT OF DEFENSE. 
(a) NOTICE OF USE OF AUTHORITY IN CONNECTION 
WITH TRAINING.—Subsection (a)(2) of section 2012 of title 
10, United States Code, is amended by inserting before the 
period at the end the following: ‘‘, funding for such training 
was requested in the most recent budget submission for the 
military department of that Secretary, and no additional 
funding for such training is provided by the Secretary of 
Defense’’. 
(b) TERMINATION OF MILITARY MANPOWER EXCEP-
TION.—Subsection (d)(2) of such section is amended by 
striking ‘‘Subparagraph (A)(i) of paragraph (1) does not 
apply in a case in which’’ and inserting ‘‘After September 
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259 
30, 2011, subparagraph (A)(i) of paragraph (1) applies 
even though’’. 
(c) IMPROVED OVERSIGHT AND COST ACCOUNTING.— 
Subsection (j) of such section is amended— 
(1) in the matter preceding paragraph (1), by 
inserting ‘‘requested by the Secretary of a military 
department and’’ after ‘‘training projects’’; and 
(2) by striking paragraph (1) and inserting the 
following new paragraph (1): 
‘‘(1) Ensure that each project that is proposed to 
be conducted in accordance with this section is re-
quested in writing, reviewed for full compliance with 
this section, and approved in advance of initiation by 
the Secretary of the military department concerned.’’. 
(d) ANNUAL FUNDING LIMITATION.—Such section is 
further amended by adding at the end the following new 
subsection: 
‘‘(k) 
LIMITATION
ON
ANNUAL
OBLIGATION
OF 
FUNDS.—Not more than $10,000,000 may be obligated dur-
ing fiscal year 2012 or any fiscal year thereafter to provide 
support and services to non-Department of Defense organi-
zations and activities under this section.’’. 
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260 
SEC. 592. DISPLAY OF STATE, DISTRICT OF COLUMBIA, AND 
TERRITORIAL FLAGS BY ARMED FORCES. 
(a) DISPLAY REQUIRED.—Section 2249b of title 10, 
United States Code, is amended—by adding at the end the 
following new subsection: 
‘‘(c) DISPLAY OF DISTRICT OF COLUMBIA AND TERRI-
TORIAL FLAGS BY ARMED FORCES.—The Secretary of De-
fense shall ensure that whenever the official flags of all 50 
States are displayed by the armed forces, such display shall 
include the flags of the District of Columbia, Common-
wealth of Puerto Rico, United States Virgin Islands, Guam, 
American Samoa, and Commonwealth of the Northern Mar-
iana Islands.’’. 
(b) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such sec-
tion is amended by striking the colon and all that fol-
lows. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 134 of such title is 
amended by striking the item relating to section 
2249b and inserting the following new item: 
‘‘2249b. Display of State flags.’’. 
SEC. 593. MILITARY ADAPTIVE SPORTS PROGRAM. 
(a) PROGRAM AUTHORIZED.—Chapter 152 of title 10, 
United States Code, is amended by inserting after section 
2564 the following new section: 
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