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as diversity is achieved in the other Armed Forces under 
this section. The Secretary shall submit to the congressional 
defense committees the reports required by subsection (e) 
with respect to the implementation of the provisions of this 
section regarding the Coast Guard when it is not operating 
as a service in the Navy. 
SEC. 522. MODIFICATION OF AUTHORITY TO CONDUCT PRO-
GRAMS ON CAREER FLEXIBILITY TO EN-
HANCE RETENTION OF MEMBERS OF THE 
ARMED FORCES. 
(a) EXTENSION OF PROGRAMS TO CERTAIN ACTIVE 
GUARD AND RESERVE PERSONNEL.—Section 533 of Dun-
can Hunter National Defense Authorization Act for Fiscal 
Year 2009 (10 U.S.C. prec. 701 note) is amended— 
(1) in subsection (a)(1), by inserting ‘‘and mem-
bers on active Guard and Reserve duty’’ after ‘‘offi-
cers and enlisted members of the regular components’’; 
(2) by redesignating subsection (l) as subsection 
(m); and 
(3) by inserting after subsection (k) the following 
new subsection (l) 
‘‘(l) DEFINITION.—In this section, the term ‘active 
Guard and Reserve duty’ has the meaning given that term 
in section 101(d)(6) of title 10, United States Code.’’.
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(b) AUTHORITY TO CARRY FORWARD UNUSED AC-
CRUED LEAVE.—Subsection (h) of such section is amended 
by adding at the end the following new paragraph: 
‘‘(5) LEAVE.—A member who participates in a 
pilot program is entitled to carry forward the existing 
leave balance accumulated in accordance with section 
701 of title 10, United States Code, but not to exceed 
60 days.’’. 
(c) AUTHORITY FOR DISABILITY PROCESSING.—Sub-
section (j) of such section is amended— 
(1) by striking ‘‘for purposes of the entitlement’’ 
and inserting ‘‘for purposes of— 
‘‘(1) the entitlement’’; 
(2) by striking the period at the end and insert-
ing ‘‘; and’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(2) retirement or separation for physical dis-
ability under the provisions of chapters 55 and 61 of 
title 10, United States Code.’’.
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SEC. 
523. 
AUTHORITY 
FOR 
ADDITIONAL 
BEHAVIORAL 
HEALTH PROFESSIONALS TO CONDUCT PRE- 
SEPARATION MEDICAL EXAMINATIONS FOR 
POST-TRAUMATIC STRESS DISORDER. 
Section 1177(a) of title 10, United States Code, is 
amended— 
(1) in paragraph (1), by striking ‘‘or psychia-
trist’’ and inserting ‘‘psychiatrist, licensed clinical so-
cial worker, or psychiatric nurse practitioner’’; and 
(2) in paragraph (3), by striking ‘‘or psychia-
trist’’ and inserting ‘‘, psychiatrist, licensed clinical 
social worker, or psychiatric nurse practitioner’’. 
SEC. 524. QUARTERLY REPORTS ON INVOLUNTARY SEPARA-
TION OF MEMBERS OF THE ARMED FORCES. 
(a) QUARTERLY REPORTS REQUIRED.—Not later than 
30 days after the end of each calendar year quarter in 2013 
and 2014, each Secretary of a military department shall 
submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report on the number 
of members of the regular components of the Armed Forces 
under the jurisdiction of such Secretary who were involun-
tarily separated from active duty in the Armed Forces dur-
ing such calendar year quarter. 
(b) ELEMENTS.—Each report on an Armed Force for 
a calendar year quarter under subsection (a) shall set forth 
the following:
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(1) The total number members involuntarily sep-
arated. 
(2) The number of members separated set forth 
by grade. 
(3) The number of members separated set forth 
by total years of service in the Armed Forces at the 
time of separation. 
(4) The number of members separated set forth 
by military occupational specialty or rating, or com-
petitive category for officers. 
(5) The number of members separated who re-
ceived involuntary separation pay, or who are au-
thorized to receive temporary retired pay, in connec-
tion with separation. 
(6) The number of members who completed tran-
sition assistance programs relating to future employ-
ment. 
(7) The average number of months deployed to 
overseas contingency operations set forth by grade. 
SEC. 525. REVIEW OF ELIGIBILITY OF VICTIMS OF DOMES-
TIC TERRORISM FOR AWARD OF THE PURPLE 
HEART AND THE DEFENSE MEDAL OF FREE-
DOM. 
(a) REPORT.—Not later than March 1, 2013, the Sec-
retary of Defense shall, in coordination with the Secretaries
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† HR 4310 EAS1S 
of the military departments, submit to the Committees on 
Armed Services of the Senate and the House of Representa-
tives a report on— 
(1) the advisability of modifying the criteria for 
the award of the Purple Heart to provide for the 
award of the Purple Heart to members of the Armed 
Forces who are killed or wounded in a terrorist attack 
within the United States that is determined to be in-
spired by ideological, political, or religious beliefs that 
give rise to terrorism; and 
(2) the advisability of modifying the criteria for 
the award of the Defense Medal of Freedom to provide 
for the award of the Defense Medal of Freedom to ci-
vilian employees of the United States who are killed 
or wounded in a terrorist attack within the United 
States that is determined to be inspired by ideolog-
ical, political, or religious beliefs that give rise to ter-
rorism. 
(b) DETERMINATION.—As part of the review under-
taken to prepare the report required by subsection (a), the 
Secretary of Defense shall conduct a review of each death 
or wounding of a member of the Armed Forces or civilian 
employee of the United States Government that occurred 
within the United States since September 11, 2001, that 
could meet the criteria as being the result of a terrorist at-
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† HR 4310 EAS1S 
tack within the United States in order to determine whether 
such death or wounding qualifies or potentially would qual-
ify for the award of the Purple Heart or the Defense Medal 
of Freedom. 
(c) CONSIDERATIONS.—In conducting the review to 
prepare the report required by subsection (a), the Secretary 
of Defense shall take into consideration the following: 
(1) The views of veterans service organizations, 
including the Military Order of the Purple Heart. 
(2) The importance that has been assigned to de-
termining all available facts before a decision is made 
to award the Purple Heart. 
(3) Potential effects of an award on the ability 
to prosecute perpetrators of terrorist acts in military 
or civilian courts. 
(4) The views of the Chairman of the Joint 
Chiefs of Staff. 
SEC. 526. EXTENSION OF TEMPORARY INCREASE IN ACCU-
MULATED LEAVE CARRYOVER FOR MEMBERS 
OF THE ARMED FORCES. 
Section 701(d) of title 10, United States Code, is 
amended by striking ‘‘September 30, 2013’’ and inserting 
‘‘September 30, 2015’’.
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SEC. 527. PROHIBITION ON WAIVER FOR COMMISSIONING 
OR ENLISTMENT IN THE ARMED FORCES FOR 
ANY INDIVIDUAL CONVICTED OF A FELONY 
SEXUAL OFFENSE. 
An individual may not be provided a waiver for com-
missioning or enlistment in the Armed Forces if the indi-
vidual has been convicted under Federal or State law of 
a felony offense of any of the following: 
(1) Rape. 
(2) Sexual abuse. 
(3) Sexual assault. 
(4) Incest. 
(5) Any other sexual offense. 
SEC. 528. RESEARCH STUDY ON RESILIENCE IN MEMBERS 
OF THE ARMY. 
(a) RESEARCH STUDY REQUIRED.— 
(1) IN GENERAL.—The Secretary of the Army 
shall carry out a research program on resilience in 
members of the Army. 
(2) PURPOSE.—The purpose of the research 
study shall be to determine the effectiveness of the cur-
rent Comprehensive Soldier and Family Fitness 
(CSF2) Program of the Army while verifying the cur-
rent means of the Army to reduce trends in high risk 
or self-destructive behavior and to prepare members of 
the Army to manage stressful or traumatic situations
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† HR 4310 EAS1S 
by training members in resilience strategies and tech-
niques. 
(3) ELEMENTS.—In carrying out the research 
study, the Secretary shall determine the effectiveness 
of training under the Comprehensive Soldier and 
Family Fitness program in— 
(A) 
enhancing 
individual 
performance 
through resiliency techniques and use of positive 
and sports psychology; and 
(B) identifying and responding to early 
signs of high-risk behavior in members of the 
Army assigned to units involved in the research 
study. 
(4) 
SCIENCE-BASED
EVIDENCE
AND
TECH-
NIQUES.—The research study shall be rooted in sci-
entific evidence, using professionally accepted meas-
urements of experiments, of longitudinal research, 
random-assignment, and placebo-controlled outcome 
studies to evaluate which interventions can prove 
positive results and which result in no impact. 
(b) LOCATIONS.—The Secretary carry out the research 
study at locations selected by the Secretary from among 
Army installations which are representative of the Total 
Force. Units from all components of the Army shall be in-
volved in the research study.
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† HR 4310 EAS1S 
(c) TRAINING.—In carrying out the research study at 
an installation selected pursuant to subsection (b), the Sec-
retary shall ensure, at a minimum, that whenever a unit 
returns from combat deployment to the installation the 
training established for purposes of the research study is 
provided to all members of the Army returning for such de-
ployment. The training shall include such training as the 
Secretary considers appropriate to reduce trends in high 
risk or self-destructive behavior. 
(d) PERIOD.—The Secretary shall carry out the re-
search study through September 30, 2014. 
(e) REPORTS.—Not later than 30 days after the end 
of each of fiscal years 2013 and 2014, the Secretary shall 
submit to the Committees on Armed Forces of the Senate 
and the House of Representatives a report on the research 
study during the preceding fiscal year. Each report shall 
include the following: 
(1) A description of the trends in high risk or 
self-destructive behavior within each of the units in-
volved in the research study during the fiscal year 
covered by such report. 
(2) A description of the effectiveness of Com-
prehensive Soldier and Family Fitness Program 
training 
in 
enhancing 
individual 
performance
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† HR 4310 EAS1S 
through resiliency techniques, utilization of positive 
psychology. 
(3) In the case of the report on fiscal year 2014, 
such recommendations for the expansion or modifica-
tion of the research study as the Secretary considers 
appropriate. 
Subtitle D—Military Justice and 
Legal Matters Generally 
SEC. 531. CLARIFICATION AND ENHANCEMENT OF THE 
ROLE OF THE STAFF JUDGE ADVOCATE TO 
THE COMMANDANT OF THE MARINE CORPS. 
(a) APPOINTMENT BY THE PRESIDENT AND PERMA-
NENT APPOINTMENT TO GRADE OF MAJOR GENERAL.— 
Subsection (a) of section 5046 of title 10, United States 
Code, is amended— 
(1) in the first sentence, by striking ‘‘detailed’’ 
and inserting ‘‘appointed by the President, by and 
with the advice and consent of the Senate,’’; and 
(2) in the second sentence— 
(A) by striking ‘‘The’’ and inserting ‘‘If an 
officer appointed as the’’; and 
(B) by striking ‘‘, while so serving, has the 
grade’’ and inserting ‘‘holds a lower grade, the 
officer shall be appointed in the grade’’.
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† HR 4310 EAS1S 
(b) DUTIES, AUTHORITY, AND ACCOUNTABILITY.— 
Such section is further amended— 
(1) by redesignating subsection (c) as subsection 
(d); and 
(2) by inserting after subsection (b) the following 
new subsection (c): 
‘‘(c) The Staff Judge Advocate to the Commandant of 
the Marine Corps, under the direction of the Commandant 
of the Marine Corps and the Secretary of the Navy, shall— 
‘‘(1) perform duties relating to legal matters 
arising in the Marine Corps as may be assigned to 
the Staff Judge Advocate; 
‘‘(2) perform the functions and duties and exer-
cise the powers prescribed for the Staff Judge Advo-
cate to the Commandant of the Marine Corps in 
chapter 47 of this title (the Uniform Code of Military 
Justice) and chapter 53 of this title; and 
‘‘(3) perform such other duties as may be as-
signed to the Staff Judge Advocate.’’. 
(c) 
COMPOSITION
OF
HEADQUARTERS, 
MARINE 
CORPS.—Section 5041(b) of such title is amended— 
(1) by redesignating paragraphs (4) and (5) as 
paragraphs (5) and (6), respectively; and 
(2) by inserting after paragraph (3) the fol-
lowing new paragraph (4):
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† HR 4310 EAS1S 
‘‘(4) The Staff Judge Advocate to the Com-
mandant of the Marine Corps.’’. 
(d) SUPERVISION OF CERTAIN LEGAL SERVICES.— 
(1) ADMINISTRATION
OF
MILITARY
JUSTICE.— 
Section 806(a) of such title (article 6(a) of the Uni-
form Code of Military Justice) is amended in the 
third sentence by striking ‘‘The Judge Advocate Gen-
eral’’ and all that follows through ‘‘shall’’ and insert-
ing ‘‘The Judge Advocates General, and within the 
Marine Corps the Staff Judge Advocate to the Com-
mandant of the Marine Corps, or senior members of 
their staffs, shall’’. 
(2) DELIVERY OF LEGAL ASSISTANCE.—Section 
1044(b) of such title is amended by inserting ‘‘and 
within the Marine Corps the Staff Judge Advocate to 
the Commandant of the Marine Corps’’ after ‘‘title)’’. 
SEC. 532. ADDITIONAL INFORMATION IN REPORTS ON AN-
NUAL SURVEYS OF THE COMMITTEE ON THE 
UNIFORM CODE OF MILITARY JUSTICE. 
Subsection (c)(2) of section 946 of title 10, United 
States Code (article 146 of the Uniform Code of Military 
Justice), is amended— 
(1) by redesignating subparagraph (B) as sub-
paragraph (C); and
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† HR 4310 EAS1S 
(2) by inserting after subparagraph (A) the fol-
lowing new subparagraph (B): 
‘‘(B) Information from the Judge Advocates Gen-
eral and the Staff Judge Advocate to the Com-
mandant of the Marine Corps on the following: 
‘‘(i) The appellate review process, includ-
ing— 
‘‘(I) information on compliance with 
processing time goals; 
‘‘(II) discussions of the circumstances 
surrounding cases in which general court- 
martial or special court-martial convictions 
are reversed as a result of command influ-
ence or denial of the right to a speedy re-
view or otherwise remitted due to loss of 
records of trial or other administrative defi-
ciencies; and 
‘‘(III) discussions of cases in which a 
provision of this chapter is held unconstitu-
tional. 
‘‘(ii) Developments in appellate case law re-
lating to courts-martial involving allegations of 
sexual misconduct under this chapter.
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‘‘(iii) Issues associated with implementing 
recent, legislatively directed changes to this chap-
ter or the Manual for Courts-Martial. 
‘‘(iv) Measures implemented by each armed 
force to ensure the ability of judge advocates to 
competently participate as trial and defense 
counsel in, and preside as military judges over, 
capital cases, national security cases, sexual as-
sault cases, and proceedings of military commis-
sions. 
‘‘(v) The independent views of the Judge 
Advocates General and the Staff Judge Advocate 
to the Commandant of the Marine Corps on the 
sufficiency of resources available within their re-
spective armed forces, including manpower, 
funding, training, and officer and enlisted grade 
structure, to capably perform military justice 
functions.’’.
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† HR 4310 EAS1S 
Subtitle E—Sexual Assault, Hazing, 
and Related Matters 
SEC. 541. AUTHORITY TO RETAIN OR RECALL TO ACTIVE 
DUTY RESERVE COMPONENT MEMBERS WHO 
ARE VICTIMS OF SEXUAL ASSAULT WHILE ON 
ACTIVE DUTY. 
(a) IN GENERAL.—Chapter 1209 of title 10, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 12323. Active duty for response to sexual assault 
‘‘(a) CONTINUATION ON ACTIVE DUTY.—In the case of 
a member of a reserve component who is the alleged victim 
of sexual assault committed while on active duty and who 
is expected to be released from active duty before the deter-
mination of whether the member was assaulted while in the 
line of duty, the Secretary concerned may, upon the request 
of the member, order the member to be retained on active 
duty until the line of duty determination. A member eligible 
for continuation on active duty under this subsection shall 
be informed as soon as practicable after the alleged assault 
of the option to request continuation on active duty under 
this subsection. 
‘‘(b) RETURN TO ACTIVE DUTY.—In the case of a 
member of a reserve component not on active duty who is 
the alleged victim of a sexual assault that occurred while
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† HR 4310 EAS1S 
the member was on active duty and when the determination 
whether the member was in the line of duty is not com-
pleted, the Secretary concerned may, upon the request of 
the member, order the member to active duty for such time 
as necessary to complete the line of duty determination. 
‘‘(c) REGULATIONS.—The Secretaries of the military 
departments shall prescribe regulations to carry out this 
section, subject to guidelines prescribed by the Secretary of 
Defense. The guidelines of the Secretary of Defense shall 
provide that— 
‘‘(1) a request submitted by a member described 
in subsection (a) or (b) to continue on active duty, or 
to be ordered to active duty, respectively, must be de-
cided within 30 days from the date of the request; and 
‘‘(2) if the request is denied, the member may 
appeal to the first general officer or flag officer in the 
chain of command of the member, and in the case of 
such an appeal a decision on the appeal must be 
made within 15 days from the date of the appeal.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 1209 of such title is amended add-
ing at the end the following new item: 
‘‘12323. Active duty for response to sexual assault.’’.
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† HR 4310 EAS1S 
SEC. 542. ADDITIONAL ELEMENTS IN COMPREHENSIVE DE-
PARTMENT OF DEFENSE POLICY ON SEXUAL 
ASSAULT PREVENTION AND RESPONSE. 
(a) ADDITIONAL ELEMENTS.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall modify the revised comprehensive policy for 
the Department of Defense sexual assault prevention and 
response program required by section 1602 of the Ike Skel-
ton National Defense Authorization Act for Fiscal Year 
2011 (Public Law 111–383; 124 Stat. 4430; 10 U.S.C. 1561 
note) to include in the policy the following: 
(1) A requirement to establish within each mili-
tary department, under regulations prescribed by the 
Secretary of Defense, an enhanced capability for the 
investigation, prosecution, and defense of special vic-
tim offenses under chapter 47 of title 10, United 
States Code (the Uniform Code of Military Justice). 
(2) A requirement that each military department 
initiate and retain for a period prescribed by the Sec-
retary of Defense a record on the disposition of allega-
tions of sexual assault using forms and procedures 
prescribed by the Secretary. 
(3) A requirement that all commanders and com-
manding officers receive training on sexual assault 
prevention, response, and policies before, or shortly 
after, assuming command.
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† HR 4310 EAS1S 
(4) A requirement that all new members of the 
Armed Forces (whether in the regular or reserve com-
ponents) receive training on the Department of De-
fense policy on sexual assault prevention and response 
program during initial entry training. 
(5) A requirement for military commands and 
units specified by the Secretary of Defense for pur-
poses of the policy to conduct periodic climate assess-
ments of such commands and units for purposes of 
preventing and responding to sexual assaults. 
(6) A requirement to post and widely dissemi-
nate information about resources available to report 
and respond to sexual assaults, including hotline 
phone numbers and Internet websites available to all 
members of the Armed Forces. 
(7) A requirement to assign responsibility to re-
ceive and investigate complaints against members of 
the Armed Forces and civilian personnel of the De-
partment of Defense for the violation or failure to 
provide the rights of a crime victim established by 
section 3771 of title 18, United States Code, as appli-
cable to such members and personnel in accordance 
with Department of Defense Directive 1030.1, or a 
successor directive, and Department of Defense In-
struction 1030.2, or a successor instruction.
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† HR 4310 EAS1S 
(8) A requirement that each Secretary of a mili-
tary department establish policies that require that 
each member of the Armed Forces under the jurisdic-
tion of such Secretary whose conviction for a covered 
offense is final and who is not punitively discharged 
from the Armed Forces in connection with such con-
viction be processed for administrative separation 
from the Armed Forces, which requirement shall not 
be interpreted to limit or alter the authority of such 
Secretary to process members of the Armed Forces for 
administrative separation for other offenses or under 
other provisions of law. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘covered offense’’ means the fol-
lowing: 
(A) Rape or sexual assault under subsection 
(a) or (b) of section 920 of title 10, United States 
Code (article 120 of the Uniform Code of Mili-
tary Justice). 
(B) Forcible sodomy under section 925 of 
title 10, United States Code (article 125 of the 
Uniform Code of Military Justice). 
(C) An attempt to commit an offense speci-
fied in subparagraph (A) or (B) under section
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† HR 4310 EAS1S 
880 of title 10, United States Code (article 80 of 
the Uniform Code of Military Justice). 
(2) The term ‘‘special victim offenses’’ means of-
fenses involving allegations of any of the following: 
(A) Child abuse. 
(B) Rape, sexual assault, or forcible sod-
omy. 
(C) Domestic violence involving aggravated 
assault. 
SEC. 543. HAZING IN THE ARMED FORCES. 
(a) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, each Secretary of a military 
department shall, in consultation with the Chief of Staff 
of each Armed Force under the jurisdiction of such Sec-
retary, submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report on hazing 
in such Armed Force. Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Homeland 
Security shall submit to the committees of Congress referred 
to in the preceding sentence a report on hazing in the Coast 
Guard when it is not operating as a service in the Navy, 
and, for purposes of such report, the Armed Forces shall 
include the Coast Guard when it is not operating as a serv-
ice in the Navy.
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† HR 4310 EAS1S 
(b) ELEMENTS.—Each report on an Armed Force re-
quired by subsection (a) shall include the following: 
(1) A discussion of the policies of the Armed 
Force for preventing and responding to incidents of 
hazing. 
(2) A description of the methods implemented to 
track and report, including report anonymously, inci-
dents of hazing in the Armed Force. 
(3) An assessment by the Secretary submitting 
such report of the following: 
(A) The scope of the problem of hazing in 
the Armed Force. 
(B) The training on recognizing and pre-
venting hazing provided members of the Armed 
Force. 
(C) The actions taken to prevent and re-
spond to hazing incidents in the Armed Force. 
(4) A description of the additional actions, if 
any, the Secretary submitting such report and the 
Chief of Staff of the Armed Force propose to take to 
further address the incidence of hazing in the Armed 
Force.
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† HR 4310 EAS1S 
SEC. 544. RETENTION OF CERTAIN FORMS IN CONNECTION 
WITH RESTRICTED REPORTS ON SEXUAL AS-
SAULT INVOLVING MEMBERS OF THE ARMED 
FORCES. 
(a) PERIOD OF RETENTION.—The Secretary of Defense 
shall ensure that all copies of Department of Defense Form 
2910 and Department of Defense Form 2911 filed in con-
nection with a Restricted Report on an incident of sexual 
assault involving a member of the Armed Forces shall be 
retained for the longer of— 
(1) 50 years commencing on the date of signa-
ture of the member on Department of Defense Form 
2910; or 
(2) the time provided for the retention of such 
forms in connection with Unrestricted Reports on in-
cidents of sexual assault involving members of the 
Armed Forces under Department of Defense Directive- 
Type Memorandum (DTM) 11–062, entitled ‘‘Docu-
ment Retention in Cases of Restricted and Unre-
stricted Reports of Sexual Assault’’, or any successor 
directive or policy. 
(b) PROTECTION OF CONFIDENTIALITY.—Any Depart-
ment of Defense form retained under subsection (a) shall 
be retained in a manner that protects the confidentiality 
of the member of the Armed Forces concerned in accordance 
with procedures for the protection of confidentiality of in-
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† HR 4310 EAS1S 
formation in Restricted Reports under Department of De-
fense memorandum JTF–SAPR–009, relating to the De-
partment of Defense policy on confidentiality for victims 
of sexual assault, or any successor policy or directive. 
SEC. 545. PREVENTION AND RESPONSE TO SEXUAL HARASS-
MENT IN THE ARMED FORCES. 
(a) COMPREHENSIVE POLICY REQUIRED.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall, in consultation with the Secretaries of the mili-
tary departments and the Equal Opportunity Office 
of the Department of Defense, develop a comprehen-
sive policy to prevent and respond to sexual harass-
ment in the Armed Forces. The policy shall provide 
for the following: 
(A) Training for members of the Armed 
Forces on the prevention of sexual harassment. 
(B) Mechanisms for reporting incidents of 
sexual harassment in the Armed Forces, includ-
ing procedures for reporting anonymously. 
(C) Mechanisms for responding to and re-
solving incidents of alleged sexual harassment 
incidences involving members of the Armed 
Forces, including through the prosecution of of-
fenders.
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† HR 4310 EAS1S 
(2) REPORT.—Not later than one year after the 
date of the enactment of this Act, the Secretary of De-
fense shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a 
report setting forth the policy required by paragraph 
(1). 
(b) COLLECTION AND RETENTION OF RECORDS ON 
DISPOSITION OF REPORTS OF SEXUAL HARASSMENT.— 
(1) COLLECTION.—The Secretary of Defense shall 
require that the Secretary of each military depart-
ment establish a record on the disposition of any re-
port of sexual harassment, whether such disposition is 
court martial, non-judicial punishment, or other ad-
ministrative action. The record of any such disposi-
tion shall include the following, as appropriate: 
(A) 
Documentary 
information 
collected 
about the incident reported. 
(B) Punishment imposed, including the sen-
tencing by judicial or non-judicial means includ-
ing incarceration, fines, restriction, and extra 
duty as a result of military court-martial, Fed-
eral and local court and other sentencing, or any 
other punishment imposed. 
(C) Reasons for the selection of the disposi-
tion and punishments selected.
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† HR 4310 EAS1S 
(D) Administrative actions taken, if any. 
(E) Any pertinent referrals offered as a re-
sult of the incident (such as drug and alcohol 
counseling and other types of counseling or inter-
vention). 
(2) RETENTION.—The Secretary of Defense shall 
require that— 
(A) the records established pursuant to 
paragraph (1) be retained by the Department of 
Defense for a period of not less than 50 years; 
and 
(B) a copy of such records be maintained at 
a centralized location for the same period as ap-
plies to retention of the records under subpara-
graph (A). 
(c) ANNUAL REPORT ON SEXUAL HARASSMENT IN-
VOLVING MEMBERS OF THE ARMED FORCES.— 
(1) ANNUAL
REPORT
ON
SEXUAL
HARASS-
MENT.—Not later than March 1, 2015, and each 
March 1 thereafter through March 1, 2018, the Sec-
retary of each military department shall submit to 
the Secretary of Defense a report on the sexual har-
assments involving members of the Armed Forces 
under the jurisdiction of such Secretary during the 
preceding year. Each Secretary of a military depart-
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† HR 4310 EAS1S 
ment shall submit the report on a year under this sec-
tion at the same time as the submittal of the annual 
report on sexual assaults during that year under sec-
tion 1631 of the Ike Skelton National Defense Author-
ization Act for Fiscal Year 2011 (10 U.S.C. 1561 
note). In the case of the Secretary of the Navy, sepa-
rate reports shall be prepared under this section for 
the Navy and the Marine Corps. 
(2) CONTENTS.—The report of a Secretary of a 
military department for an Armed Force under para-
graph (1) shall contain the following: 
(A) The number of sexual harassments com-
mitted against members of the Armed Force that 
were reported to military officials during the 
year covered by the report, and the number of the 
cases so reported that were substantiated. 
(B) The number of sexual harassments com-
mitted by members of the Armed Force that were 
reported to military officials during the year 
covered by the report, and the number of the 
cases so reported that were substantiated. The in-
formation required by this subparagraph may 
not be combined with the information required 
by subparagraph (A).
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† HR 4310 EAS1S 
(C) A synopsis of each such substantiated 
case and, for each such case, the action taken in 
such case, including the type of disciplinary or 
administrative sanction imposed, section 815 of 
title 10, United States Code (article 15 of the 
Uniform Code of Military Justice). 
(D) The policies, procedures, and processes 
implemented by the Secretary during the year 
covered by the report in response to incidents of 
sexual harassment involving members of that 
Armed Force. 
(E) Any other matters relating to sexual 
harassment involving members of the Armed 
Forces that the Secretary considers appropriate. 
SEC. 546. ENHANCEMENT OF ANNUAL REPORTS REGARD-
ING SEXUAL ASSAULTS INVOLVING MEMBERS 
OF THE ARMED FORCES. 
(a) IN GENERAL.—Section 1631(b) of the Ike Skelton 
National Defense Authorization Act for Fiscal Year 2011 
(10 U.S.C. 1561 note) is amended— 
(1) by striking paragraph (3) and inserting the 
following new paragraph (3): 
‘‘(3) A synopsis of each such substantiated case, 
organized by offense, and, for each such case, the ac-
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tion taken in such case, including the following infor-
mation: 
‘‘(A) The type of disciplinary or adminis-
trative sanction imposed, if any, including 
courts-martial sentences, non-judicial punish-
ments administered by commanding officers pur-
suant to section 815 of title 10, United States 
Code (article 15 of the Uniform Code of Military 
Justice), and administrative separations. 
‘‘(B) A description of and rationale for the 
final disposition and punishment, regardless of 
type of disciplinary or administrative sanction 
imposed. 
‘‘(C) The unit and location of service at 
which the incident occurred. 
‘‘(D) Whether the accused was previously 
accused of a substantiated sexual assault or sex-
ual harassment. 
‘‘(E) Whether the accused was admitted to 
the Armed Forces under a moral waiver granted 
with respect to prior sexual misconduct. 
‘‘(F) Whether alcohol was involved in the 
incident. 
‘‘(G) If the member was administratively 
separated or, in the case of an officer, allowed to
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resign in lieu of facing a court-martial, the char-
acterization given the service of the member upon 
separation.’’; and 
(2) by adding at the end the following new para-
graphs 
‘‘(7) The number of applications submitted 
under section 673 of title 10, United States Code, 
during the year covered by the report for a permanent 
change of station or unit transfer for members of the 
Armed Forces on active duty who are the victim of 
a sexual assault or related offense, the number of ap-
plications denied, and, for each application denied, a 
description of the reasons why such application was 
denied. 
‘‘(8) An analysis and assessment of trends in the 
incidence, disposition, and prosecution of sexual as-
saults by commands and installations during the year 
covered by the report, including trends relating to 
prevalence of incidents, prosecution of incidents, and 
avoidance of incidents. 
‘‘(9) An assessment of the adequacy of sexual as-
sault prevention and response activities carried out 
by training commands during the year covered by the 
report.
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‘‘(10) An analysis of the specific factors that 
may have contributed to sexual assault during the 
year covered by the report, including sexual harass-
ment and substance abuse, an assessment of the role 
of such factors in contributing to sexual assaults dur-
ing that year, and recommendations for mechanisms 
to eliminate or reduce the incidence of such factors or 
their contributions to sexual assaults.’’. 
(b) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the date of the enactment of this 
Act, and shall apply beginning with the report required to 
be submitted by March 1, 2014, under section 1631 of the 
Ike Skelton National Defense Authorization Act for Fiscal 
Year 2011 (as amended by subsection (a)). 
Subtitle F—Education and 
Training 
SEC. 551. INCLUSION OF THE SCHOOL OF ADVANCED MILI-
TARY STUDIES SENIOR LEVEL COURSE AS A 
SENIOR LEVEL SERVICE SCHOOL. 
Section 2151(b)(1) of title 10, United States Code, is 
amended by adding at the end the following new subpara-
graph: 
‘‘(E) The Senior Level Course of the School 
of Advanced Military Studies of the United
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States Army Command and General Staff Col-
lege.’’. 
SEC. 552. MODIFICATION OF ELIGIBILITY FOR ASSOCIATE 
DEGREE PROGRAMS UNDER THE COMMUNITY 
COLLEGE OF THE AIR FORCE. 
Section 9315(b) of title 10, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(3) Enlisted members of the armed forces other 
than the Air Force who are participating in joint- 
service medical training and education or serving as 
instructors in joint-service medical training and edu-
cation.’’. 
SEC. 553. SUPPORT OF NAVAL ACADEMY ATHLETIC PRO-
GRAMS. 
(a) IN GENERAL.—Chapter 603 of title 10, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 6981. Support of athletic and physical fitness pro-
grams 
‘‘(a) AUTHORITY.— 
‘‘(1) CONTRACTS
AND
COOPERATIVE
AGREE-
MENTS.—The Secretary of the Navy may enter into 
contracts and cooperative agreements with the Asso-
ciation for the purpose of supporting the athletic and 
physical fitness programs of the Naval Academy. Not-
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† HR 4310 EAS1S 
withstanding section 2304(k) of this title, the Sec-
retary may enter such contracts or cooperative agree-
ments on a sole source basis pursuant to section 
2304(c)(5) of this title. Notwithstanding chapter 63 of 
title 31, a cooperative agreement under this section 
may be used to acquire property or services for the di-
rect benefit or use of the Naval Academy. 
‘‘(2) LEASES.—The Secretary may enter into 
leases, in accordance with section 2667 of this title, 
or licenses with the Association for the purpose of 
supporting the athletic and physical fitness programs 
of the Naval Academy. Any such lease or license shall 
be deemed to satisfy the conditions of section 
2667(h)(2) of this title. 
‘‘(b) USE OF NAVY PERSONAL PROPERTY BY THE AS-
SOCIATION.—The Secretary may allow the Association to 
use, at no cost, personal property of the Department of the 
Navy to assist the Association in supporting the athletic 
and physical fitness programs of the Naval Academy. 
‘‘(c) ACCEPTANCE OF SUPPORT.— 
‘‘(1) SUPPORT RECEIVED FROM THE ASSOCIA-
TION.—Notwithstanding section 1342 of title 31, the 
Secretary may accept from the Association funds, 
supplies, and services for the support of the athletic 
and physical fitness programs of the Naval Academy.
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For purposes of this section, employees or personnel 
of the Association may not be considered to be em-
ployees of the United States. 
‘‘(2) FUNDS RECEIVED FROM NCAA.—The Sec-
retary may accept funds from the National Collegiate 
Athletic Association to support the athletic and phys-
ical fitness programs of the Naval Academy. 
‘‘(3) LIMITATION.—The Secretary shall ensure 
that contributions under this subsection do not reflect 
unfavorably on the ability of the Department of the 
Navy, any of its employees, or any member of the 
armed forces to carry out any responsibility or duty 
in a fair and objective manner, or compromise the in-
tegrity or appearance of integrity of any program of 
the Department of the Navy, or any individual in-
volved in such a program. 
‘‘(d) RETENTION
AND USE
OF FUNDS.—Notwith-
standing section 2260(d) of this title, funds received under 
this section may be retained for use in support of the Naval 
Academy athletic program and shall remain available until 
expended. 
‘‘(e) TRADEMARKS AND SERVICE MARKS.— 
‘‘(1) LICENSING, MARKETING, AND SPONSORSHIP 
AGREEMENTS.—An agreement under subsection (a)(1) 
may, consistent with sections 2260 (other than sub-
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† HR 4310 EAS1S 
section (d)) and 5022(b)(3) of this title, authorize the 
Association to enter into licensing, marketing, and 
sponsorship agreements relating to trademarks and 
service marks identifying the Naval Academy, subject 
to the approval of the Department of the Navy. 
‘‘(2) LIMITATIONS.—No such licensing, mar-
keting, or sponsorship agreement may be entered into 
if it would reflect unfavorably on the ability of the 
Department of the Navy, any of its employees, or any 
member of the armed forces to carry out any responsi-
bility or duty in a fair and objective manner, or if 
the Secretary determines that the use of the trademark 
or service mark would compromise the integrity or 
appearance of integrity of any program of the De-
partment of the Navy, or any individual involved in 
such a program. 
‘‘(f) SERVICE ON ASSOCIATION BOARD OF CONTROL.— 
The Association is a designated entity for which authoriza-
tion under sections 1033(a) and 1589(a) of this title may 
be provided. 
‘‘(g) CONDITIONS.—The authority provided in this sec-
tion with respect to the Association is available only so long 
as the Association continues to— 
‘‘(1) qualify as a nonprofit organization under 
section 501(c)(3) of the Internal Revenue Code of
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1986 and operates in accordance with this section, the 
laws of the State of Maryland, and the constitution 
and bylaws of the Association; and 
‘‘(2) operate exclusively to support the athletic 
and physical fitness programs of the Naval Academy. 
‘‘(h) ASSOCIATION DEFINED.—In this section, the term 
‘Association’ means the Naval Academy Athletic Associa-
tion.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 603 of such title is amended by 
adding at the end the following new item: 
‘‘6981. Support of athletic and physical fitness programs.’’. 
SEC. 554. GRADE OF COMMISSIONED OFFICERS IN UNI-
FORMED MEDICAL ACCESSION PROGRAMS. 
(a) 
MEDICAL
STUDENTS
OF
USUHS.—Section 
2114(b) of title 10, United States Code, is amended— 
(1) in paragraph (1), by striking the second sen-
tence and inserting the following new sentences: 
‘‘Each medical student shall be appointed as a reg-
ular officer in the grade of second lieutenant or en-
sign. An officer so appointed may, upon meeting such 
criteria for promotion as may be prescribed by the 
Secretary concerned, be appointed in the regular 
grade of first lieutenant or lieutenant (junior grade). 
Medical students commissioned under this section
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† HR 4310 EAS1S 
shall serve on active duty in their respective grades.’’; 
and 
(2) in paragraph (2), by striking ‘‘grade of sec-
ond lieutenant or ensign’’ and inserting ‘‘grade in 
which the member is serving under paragraph (1)’’. 
(b) PARTICIPANTS IN HEALTH PROFESSIONS SCHOL-
ARSHIP AND FINANCIAL ASSISTANCE PROGRAM.—Section 
2121(c) of such title is amended— 
(1) in paragraph (1), by striking the second sen-
tence and inserting the following new sentences: 
‘‘Each person so commissioned shall be appointed as 
a reserve officer in the grade of second lieutenant or 
ensign. An officer so appointed may, upon meeting 
such criteria for promotion as may be prescribed by 
the Secretary concerned, be appointed in the reserve 
grade of first lieutenant or lieutenant (junior grade). 
Medical students commissioned under this section 
shall serve on active duty in their respective grades 
for a period of 45 days during each year of participa-
tion in the program.’’; and 
(2) in paragraph (2), by striking ‘‘grade of sec-
ond lieutenant or ensign’’ and inserting ‘‘grade in 
which the member is serving under paragraph (1)’’.
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† HR 4310 EAS1S 
(c) OFFICERS DETAILED AS STUDENTS AT MEDICAL 
SCHOOLS.—Subsection (e) of section 2004a of such title is 
amended— 
(1) in the subsection heading, by striking ‘‘AP-
POINTMENT
AND
TREATMENT
OF
PRIOR
ACTIVE 
SERVICE’’ and inserting ‘‘SERVICE
ON
ACTIVE 
DUTY’’; and 
(2) by striking paragraph (1) and inserting the 
following new paragraph (1): 
‘‘(1) A commissioned officer detailed under subsection 
(a) shall serve on active duty, subject to the limitations on 
grade specified in section 2114(b)(1) of this title and with 
the entitlement to basic pay as specified in section 
2114(b)(2) of this title.’’. 
SEC. 555. AUTHORITY FOR SERVICE COMMITMENT FOR RE-
SERVISTS 
WHO 
ACCEPT 
FELLOWSHIPS, 
SCHOLARSHIPS, OR GRANTS TO BE PER-
FORMED IN THE SELECTED RESERVE. 
(a) IN GENERAL.—Subsection (b) of section 2603 of 
title 10, United States Code, is amended by striking ‘‘on 
active duty’’ and all that follows and inserting the fol-
lowing: ‘‘as follows: 
‘‘(1) On active duty for a period at least three 
times the length of the period of the education or 
training.
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† HR 4310 EAS1S 
‘‘(2) In the case of a member of the Selected Re-
serve— 
‘‘(A) on active duty in accordance with 
paragraph (1); or 
‘‘(B) in the Selected Reserve for a period at 
least five times the length of the period of the 
education or training.’’. 
(b) TECHNICAL AMENDMENTS.—Such section is fur-
ther amended by striking ‘‘Armed Forces’’ each place it ap-
pears and inserting ‘‘armed forces’’. 
(c) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply to agreements entered into under sec-
tion 2603(b) of title 10, United States Code, after the date 
of the enactment of this Act. 
SEC. 556. REPEAL OF REQUIREMENT FOR ELIGIBILITY FOR 
IN-STATE TUITION OF AT LEAST 50 PERCENT 
OF PARTICIPANTS IN SENIOR RESERVE OFFI-
CERS’ TRAINING CORPS PROGRAM. 
Section 2107(c)(1) of title 10, United States Code, is 
amended by striking the third sentence.
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† HR 4310 EAS1S 
SEC. 557. MODIFICATION OF REQUIREMENTS ON PLAN TO 
INCREASE THE NUMBER OF UNITS OF THE 
JUNIOR 
RESERVE 
OFFICERS’ 
TRAINING 
CORPS. 
(a) NUMBER OF UNITS COVERED BY PLAN.—Sub-
section (a) of section 548 of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110–417; 122 Stat. 4466) is amended by striking ‘‘not 
less than 3,700 units’’ and inserting ‘‘not less than 3,000, 
and not more than 3,700, units’’. 
(b) ADDITIONAL EXCEPTION.—Subsection (b) of such 
section is amended— 
(1) in paragraph (1), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (2), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(3) if the Secretaries of the military depart-
ments determine that the level of support of all kinds 
(including, but not limited to, appropriated funds) 
provided to youth development programs within the 
Armed Forces is consistent with funding limitations 
and the achievement of the objectives of such pro-
grams.’’.
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† HR 4310 EAS1S 
(c) SUBMITTAL OF REPORTS.—Subsection (e) of such 
section is amended by striking ‘‘not later than’’ and all that 
follows and inserting ‘‘annually through 2012, and there-
after not later than March 31 of each of 2015, 2018, and 
2020.’’. 
SEC. 558. CONSOLIDATION OF MILITARY DEPARTMENT AU-
THORITY TO ISSUE ARMS, TENTAGE, AND 
EQUIPMENT TO EDUCATIONAL INSTITUTIONS 
NOT MAINTAINING UNITS OF THE JUNIOR 
ROTC. 
(a) CONSOLIDATION OF AUTHORITY.—Chapter 152 of 
title 10, United States Code, is amended by inserting after 
section 2552 the following new section: 
‘‘§ 2552a. Arms, tentage, and equipment: educational 
institutions not maintaining units of Jun-
ior Reserve Officers’ Training Corps 
‘‘The Secretary of a military department may issue 
arms, tentage, and equipment to an educational institution 
at which no unit of the Junior Reserve Officers’ Training 
Corps is maintained if the educational institution— 
‘‘(1) offers a course in military instruction pre-
scribed by that Secretary; and 
‘‘(2) has a student body of at least 50 students 
who are in a grade above the eighth grade.’’.
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† HR 4310 EAS1S 
(b) CONFORMING REPEALS.—Sections 4651, 7911, and 
9651 of such title are repealed. 
(c) CLERICAL AMENDMENTS.— 
(1) The table of sections at the beginning of 
chapter 152 of such title is amended by inserting after 
the item relating to section 2552 the following new 
item: 
‘‘2552a. Arms, tentage, and equipment: educational institutions not maintaining 
units of Junior Reserve Officers’ Training Corps’’. 
(2) The table of sections at the beginning of 
chapter 441 of such title is amended by striking the 
item relating to section 4651. 
(3) The table of sections at the beginning of 
chapter 667 of such title is amended by striking the 
item relating to section 7911. 
(4) The table of sections at the beginning of 
chapter 941 of such title is amended by striking the 
item relating to section 9651. 
SEC. 559. MODIFICATION OF REQUIREMENT FOR REPORTS 
IN FEDERAL REGISTER ON INSTITUTIONS OF 
HIGHER EDUCATION INELIGIBLE FOR CON-
TRACTS AND GRANTS FOR DENIAL OF ROTC 
OR MILITARY RECRUITER ACCESS TO CAM-
PUS. 
Section 983 of title 10, United States Code, is amended 
by striking subsection (f).
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† HR 4310 EAS1S 
SEC. 560. COMPTROLLER GENERAL OF THE UNITED STATES 
REPORT ON THE RESERVE OFFICERS’ TRAIN-
ING CORPS. 
(a) REPORT REQUIRED.—Not later than 270 days 
after the date of the enactment of this Act, the Comptroller 
General of the United States shall submit to the congres-
sional defense committees a report setting forth the assess-
ment of the Comptroller General regarding the following: 
(1) Whether the Reserve Officers’ Training Corps 
(ROTC) programs of the Departments of the Army, 
the Navy, and the Air Force are effectively meeting, 
and structured to meet, current and projected require-
ments for newly commissioned officers in the Armed 
Forces. 
(2) The cost-effectiveness and unit productivity 
of the current Reserve Officers’ Training Corps pro-
grams. 
(3) The adequacy of current oversight and cri-
teria for unit closure for the Reserve Officers’ Train-
ing Corps programs. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include, at a minimum, the following: 
(1) A list of the units of the Reserve Officers’ 
Training Corps programs by Armed Force, and by 
college or university, and the number of cadets and
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† HR 4310 EAS1S 
midshipman currently enrolled by class or year 
group. 
(2) The number of officers commissioned in 2012 
from the Reserve Officers’ Training Corps programs, 
and the number projected to be commissioned over the 
period of the current future-years defense program 
under section 221 of title 10, United States Code, 
from each unit listed under paragraph (1). 
(3) An assessment of the requirements of each 
Armed Force for newly commissioned officers in 2012 
and the strategic planning regarding such require-
ments over the period of the current future-years de-
fense program. 
(4) The number of military and civilian per-
sonnel of the Department of Defense assigned to lead 
and manage Reserve Officers’ Training Corps pro-
gram units, and the grades of the military personnel 
so assigned. 
(5) An assessment of Department of Defense-wide 
and Armed-Force specific standards regarding the 
productivity of Reserve Officers’ Training Corps pro-
gram units, and an assessment of compliance with 
such standards. 
(6) An assessment of the projected use by the 
Armed Forces of the procedures available to the
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† HR 4310 EAS1S 
Armed Forces to respond to overages in the number 
of cadets and midshipmen in the Reserve Officers’ 
Training Corps programs. 
(7) A description of the plans of the Armed 
Forces to retain or disestablish Reserve Officers’ 
Training Corps program units that do not meet pro-
ductivity standards. 
SEC. 561. REPORT ON DEPARTMENT OF DEFENSE EFFORTS 
TO 
STANDARDIZE 
EDUCATIONAL 
TRAN-
SCRIPTS ISSUED TO SEPARATING MEMBERS 
OF THE ARMED FORCES. 
(a) REPORT REQUIRED.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of De-
fense shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report on 
the efforts of the Department of Defense to standardize the 
educational transcripts issued to members of the Armed 
Forces on their separation from the Armed Forces. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include the following: 
(1) A description of the similarities and dif-
ferences between the educational transcripts issued to 
members separating from the various Armed Forces. 
(2) A description of any assessments done by the 
Department, or in conjunction with educational insti-
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† HR 4310 EAS1S 
tutions, to identify shortcomings in the transcripts 
issued to separating members in connection with their 
ability to qualify for civilian educational credits. 
(3) A description of the implementation plan for 
the Joint Services Transcript, including a schedule 
and the elements of existing educational transcripts to 
be incorporated into the Transcript. 
SEC. 562. COMPTROLLER GENERAL OF THE UNITED STATES 
REPORTS ON JOINT PROFESSIONAL MILI-
TARY EDUCATION MATTERS. 
(a) REPORT ON REVIEW OF MILITARY EDUCATION CO-
ORDINATION COUNCIL REPORT.— 
(1) REVIEW
OF
METHODOLOGY.—The Comp-
troller General of the United States shall review the 
methodology used by the Military Education Coordi-
nation Council in compiling the report on joint pro-
fessional military education that is to be submitted to 
the Director of Joint Force Development by March 1, 
2013, pursuant to the Joint Staff Memorandum, 
Joint Staff Review, dated July 16, 2012. The review 
shall include an examination of the analytical ap-
proach used by the Council for that report, including 
the types of information considered, the cost savings 
identified, the benefits of options considered, the time 
frames for implementation, and transparency.
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† HR 4310 EAS1S 
(2) REPORT.—Not later than 90 days after re-
ceiving from the Director of Joint Force Development 
the report described in paragraph (1), the Comptroller 
General shall submit to the Committees on Armed 
Services of the Senate and the House of Representa-
tives a report on the review under paragraph (1) of 
the report described in that paragraph. The report of 
the Comptroller General under this paragraph shall 
set forth the following: 
(A) The results of the review under para-
graph (1). 
(B) Such recommendations as the Comp-
troller General considers appropriate in light of 
the results of the review. 
(b) REPORT ON JOINT PROFESSIONAL MILITARY EDU-
CATION RESEARCH INSTITUTIONS.— 
(1) REPORT REQUIRED.—Not later than Janu-
ary 31, 2014, the Comptroller General of the United 
States shall submit to the congressional defense com-
mittees a report setting forth the assessment by the 
Comptroller General of the work performed by joint 
professional military education research institutions 
in support of professional military education and the 
broader mission of the Department of Defense, the 
military departments, and the Defense Agencies.
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† HR 4310 EAS1S 
(2) ELEMENTS.—The report required by para-
graph (1) shall include an assessment of the following: 
(A) The systems, mechanisms, and struc-
tures within the senior and intermediate joint 
professional military education colleges and uni-
versities for oversight, governance, and manage-
ment of the joint professional military education 
research institutions, including systems, mecha-
nisms, and structures relating to the development 
of policies and budgets for research. 
(B) The factors contributing to and the ex-
tent of growth in the number and size of joint 
professional military education research institu-
tions since 2000. 
(C) The causes and extent of cost growth at 
joint professional military education research in-
stitutions since 2000. 
(D) The focus of research activity conducted 
by the joint professional military education re-
search institutions, and the extent to which each 
joint professional military education research in-
stitution performs a unique research function or 
engages in similar or duplicative efforts with 
other components or elements of the Department 
of Defense.
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† HR 4310 EAS1S 
(E) The measures of effectiveness used by 
the joint professional military education research 
institutions, the senior and intermediate joint 
professional military education colleges and uni-
versities, and other oversight entities to evaluate 
the performance of the joint professional military 
education research institutions in meeting estab-
lished goals or objectives. 
(3) DEFINITIONS.—In this subsection: 
(A) The term ‘‘joint professional military 
education research institutions’’ means subordi-
nate organizations (including centers, institutes, 
and schools) under the senior and intermediate 
joint professional military education colleges and 
universities for which research is the primary 
mission or reason for existence. 
(B) The term ‘‘senior and intermediate 
joint professional military education colleges and 
universities’’ means the following: 
(i) The National Defense University. 
(ii) The Army War College. 
(iii) The Navy War College. 
(iv) The Air University. 
(v) The Air War College. 
(vi) The Marine Corp University.
196 
† HR 4310 EAS1S 
SEC. 
563. 
TROOPS-TO-TEACHERS 
PROGRAM 
ENHANCE-
MENTS. 
(a) MEMORANDUM OF AGREEMENT.—The Secretary of 
Defense and the Secretary of Education shall enter into a 
memorandum of agreement pursuant to which the Secretary 
of Education will undertake the following: 
(1) Disseminate information about the Troops- 
to-Teachers Program to eligible schools (as defined in 
section 2301(3) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6671(3)), as added 
by subsection (b)(2)). 
(2) Advise the Department of Defense on how to 
prepare eligible members of the Armed Forces de-
scribed in section 2303(a) of such Act to become par-
ticipants in the Program to meet the requirements 
necessary to become a teacher in an eligible school. 
(3) Advise the Department of Defense on how to 
identify teacher preparation programs for partici-
pants in the Program. 
(4) Inform the Department of Defense of aca-
demic subject areas with critical teacher shortages. 
(5) Identify geographic areas with critical teach-
er shortages, especially in high-need schools (as de-
fined in section 2301(4) of such Act, as added by sub-
section (b)(2)).
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† HR 4310 EAS1S 
(b) DEFINITIONS.—Section 2301 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6671) 
is amended— 
(1) by redesignating paragraphs (2) through (5) 
as paragraphs (5) through (8), respectively; and 
(2) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) CHARTER
SCHOOL.—The term ‘charter 
school’ has the meaning given that term in section 
5210. 
‘‘(3) ELIGIBLE
SCHOOL.—The term ‘eligible 
school’ means— 
‘‘(A) a public school, including a charter 
school, at which— 
‘‘(i) at least 30 percent of the students 
enrolled in the school are from families with 
incomes below 185 percent of poverty level 
(as defined by the Office of Management 
and Budget and revised at least annually 
in accordance with section 9(b)(1) of the 
Richard B. Russell National School Lunch 
Act (42 U.S.C. 1758(b)(1)) applicable to a 
family of the size involved; or 
‘‘(ii) at least 13 percent of the students 
enrolled in the school qualify for assistance
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† HR 4310 EAS1S 
under part B of the Individuals with Dis-
abilities Education Act; or 
‘‘(B) a Bureau-funded school as defined in 
section 1141 of the Education Amendments of 
1978 (25 U.S.C. 2021). 
‘‘(4) HIGH-NEED SCHOOL.—Except for purposes 
of section 2304(d), the term ‘high-need school’ 
means— 
‘‘(A) an elementary school or middle school 
in which at least 50 percent of the enrolled stu-
dents are children from low-income families, 
based on the number of children eligible for free 
and reduced priced lunches under the Richard B. 
Russell National School Lunch Act (42 U.S.C. 
1751 et seq.), the number of children in families 
receiving assistance under the State program 
funded under part A of title IV of the Social Se-
curity Act (42 U.S.C. 601 et seq.), the number 
of children eligible to receive medical assistance 
under the Medicaid program, or a composite of 
these indicators; 
‘‘(B) a high school in which at least 40 per-
cent of enrolled students are children from low- 
income families, which may be calculated using 
comparable data from feeder schools; or
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† HR 4310 EAS1S 
‘‘(C) a school that is in a local educational 
agency that is eligible under section 6211(b).’’. 
(c) PROGRAM AUTHORIZATION.—Section 2302 of the 
Elementary and Secondary Education Act of 1965 (20 
U.S.C. 6672(b)) is amended by striking subsections (b) 
through (e) and inserting the following: 
‘‘(b) PROGRAM AUTHORIZED.—The Secretary may 
carry out a program (to be known as the ‘Troops-to-Teach-
ers Program’) to assist eligible members of the Armed Forces 
described in section 2303(a) to obtain certification or li-
censing as elementary school teachers, secondary school 
teachers, or vocational or technical teachers to meet the re-
quirements necessary to become a teacher in an eligible 
school.’’. 
(d) YEARS
OF SERVICE REQUIREMENTS.—Section 
2303(a)(2)(A)(i) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6673(a)(2)(A)(i)) is amended 
by striking ‘‘6 or more years’’ and inserting ‘‘4 or more 
years’’. 
(e) PARTICIPATION AGREEMENT.— 
(1) AMENDMENT.—Section 2304 of the Elemen-
tary and Secondary Education Act of 1965 (20 
U.S.C. 6674) is amended— 
(A) by striking paragraph (1) of subsection 
(a) and inserting the following:
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‘‘(1) IN GENERAL.—An eligible member of the 
Armed Forces selected to participate in the Program 
under section 2303 and to receive financial assistance 
under this section shall be required to enter into an 
agreement with the Secretary in which the member 
agrees— 
‘‘(A) within such time as the Secretary may 
require, to obtain certification or licensing as an 
elementary school teacher, secondary school 
teacher, or vocational or technical teacher to 
meet the requirements necessary to become a 
teacher in an eligible school; and 
‘‘(B) to accept an offer of full-time employ-
ment as an elementary school teacher, secondary 
school teacher, or vocational or technical teacher 
for not less than 3 school years in an eligible 
school, to begin the school year after obtaining 
that certification or licensing.’’; and 
(B) by striking subsection (f) and inserting 
the following: 
‘‘(f) 
REIMBURSEMENT
UNDER
CERTAIN
CIR-
CUMSTANCES.—A participant who is paid a stipend or 
bonus shall be subject to the repayment provisions of section 
373 of title 37, United States Code under the following cir-
cumstances:
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‘‘(1) FAILURE TO OBTAIN QUALIFICATIONS OR 
EMPLOYMENT.—The participant fails to obtain teach-
er certification or licensing or to meet the require-
ments necessary to become a teacher in an eligible 
school or to obtain employment as an elementary 
school teacher, secondary school teacher, or vocational 
or technical teacher as required by the participation 
agreement. 
‘‘(2) TERMINATION OF EMPLOYMENT.—The par-
ticipant voluntarily leaves, or is terminated for cause 
from, employment as an elementary school teacher, 
secondary school teacher, or vocational or technical 
teacher during the 3 years of required service in vio-
lation of the participation agreement. 
‘‘(3) FAILURE
TO
COMPLETE
SERVICE
UNDER 
RESERVE
COMMITMENT
AGREEMENT.—The partici-
pant executed a written agreement with the Secretary 
concerned under section 2303(e)(2) to serve as a mem-
ber of a reserve component of the Armed Forces for a 
period of 3 years and fails to complete the required 
term of service.’’. 
(f) EFFECTIVE DATE.—The amendments made by sub-
sections (b) through (e) shall take effect on the first day 
of the first month beginning more than 90 days after the 
date of the enactment of this Act.
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Subtitle 
G—Defense 
Dependents’ 
Education and Military Family 
Readiness Matters 
SEC. 571. IMPACT AID FOR CHILDREN WITH SEVERE DIS-
ABILITIES. 
Of the amount authorized to be appropriated for fiscal 
year 2013 pursuant to section 301 and available for oper-
ation and maintenance for Defense-wide activities as speci-
fied in the funding table in section 4301, $5,000,000 shall 
be available for payments under section 363 of the Floyd 
D. Spence National Defense Authorization Act for Fiscal 
Year 2001 (as enacted into law by Public Law 106–398; 
114 Stat. 1654A–77; 20 U.S.C. 7703a). 
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 2013 
by section 301 and available for operation and maintenance 
for Defense-wide activities as specified in the funding table 
in section 4301, $25,000,000 shall be available only for the 
purpose of providing assistance to local educational agen-
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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) 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. AMENDMENTS TO THE IMPACT AID PROGRAM. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Impact Aid Improvement Act of 2012’’. 
(b) AMENDMENTS TO THE IMPACT AID PROGRAM.— 
Title VIII of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7701 et seq.) is amended— 
(1) in section 8002 (20 U.S.C. 7702)— 
(A) in subsection (b)— 
(i) in paragraph (2), by striking ‘‘ag-
gregate assessed’’ and inserting ‘‘estimated 
taxable’’; and 
(ii) by striking paragraph (3) and in-
serting the following: 
‘‘(3) DETERMINATION OF TAXABLE VALUE FOR 
ELIGIBLE FEDERAL PROPERTY.— 
‘‘(A) IN GENERAL.—In determining the esti-
mated taxable value of such acquired Federal
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property for fiscal year 2010 and each suc-
ceeding fiscal year, the Secretary shall— 
‘‘(i) first determine the total taxable 
value for the purpose of levying property 
tax for school purposes for current expendi-
tures of real property located within the 
boundaries of such local educational agency; 
‘‘(ii) then determine the total taxable 
value of the eligible Federal property by di-
viding the total taxable value as determined 
in clause (i) by the difference between the 
total acres located within the boundaries of 
the local educational agency and the num-
ber of Federal acres eligible under this sec-
tion; and 
‘‘(iii) multiply the per acre value as 
calculated under clause (ii) by the number 
of Federal acres eligible under this section. 
‘‘(B) SPECIAL RULE.—In the case of Fed-
eral property eligible under this section that is 
within the boundaries of 2 or more local edu-
cational agencies, such a local educational agen-
cy may ask the Secretary to calculate the per 
acre value of each such local educational agency 
as provided under subparagraph (A) and apply
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the average of these per acre values to the acres 
of the Federal property in such agency.’’; 
(B) in subsection (h)— 
(i) in paragraph (1)— 
(I) in the paragraph heading, by 
striking ‘‘FOR PRE-1995 RECIPIENTS’’; 
(II) in subparagraph (A), by 
striking ‘‘is eligible’’ and all that fol-
lows through the period at the end and 
inserting ‘‘was eligible to receive a 
payment under this section for fiscal 
year 2010.’’; and 
(III) in subparagraph (B), by 
striking ‘‘38 percent’’ and all that fol-
lows through the period at the end and 
inserting ‘‘90 percent of the average 
payment the local educational agency 
received in 2006, 2007, 2008, and 
2009.’’; and 
(ii) by striking paragraphs (2) through 
(4) and inserting the following: 
‘‘(2) FOUNDATION PAYMENTS FOR LOCAL EDU-
CATIONAL
AGENCIES
DETERMINED
ELIGIBLE
AFTER 
FISCAL YEAR 2010.—
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‘‘(A) FIRST YEAR.—From any amounts re-
maining after making payments under para-
graph (1) and subsection (i)(1) for the fiscal 
year involved, the Secretary shall make a pay-
ment, in an amount determined in accordance 
with subparagraph (C), to each local educational 
agency that the Secretary determines eligible for 
a payment under this section for a fiscal year 
after fiscal year 2010, for the fiscal year for 
which such agency was determined eligible for 
such payment. 
‘‘(B) SECOND AND SUCCEEDING YEARS.— 
For any succeeding fiscal year after the first fis-
cal year that a local educational agency receives 
a foundation payment under subparagraph (A), 
the amount of the local educational agency’s 
foundation payment under this paragraph for 
such succeeding fiscal year shall be equal to the 
local educational agency’s foundation payment 
under this paragraph for the first fiscal year. 
‘‘(C) AMOUNTS.—The amount of a payment 
under subparagraph (A) for a local educational 
agency shall be determined as follows:
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‘‘(i) Calculate the local educational 
agency’s maximum payment under sub-
section (b). 
‘‘(ii) Calculate the percentage that the 
amount appropriated under section 8014(a) 
for the most recent fiscal year for which the 
Secretary has completed making payments 
under this section is of the total maximum 
payments for such fiscal year for all local 
educational agencies eligible for a payment 
under subsection (b) and multiply the agen-
cy’s maximum payment by such percentage. 
‘‘(iii) Multiply the amount determined 
under clause (ii) by 90 percent. 
‘‘(3) REMAINING FUNDS.—From any funds re-
maining after making payments under paragraphs 
(1) and (2) for the fiscal year involved, the Secretary 
shall make a payment to each local educational agen-
cy that received a foundation payment under para-
graph (1) or (2) or subsection (i)(1), for the fiscal 
year involved in an amount that bears the same rela-
tion to the remainder as a percentage share deter-
mined for the local educational agency (by dividing 
the maximum amount that the agency is eligible to 
receive under subsection (b) by the total of the max-
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imum amounts for all such agencies) bears to the per-
centage share determined (in the same manner) for 
all local educational agencies eligible to receive a pay-
ment under this section for the fiscal year involved, 
except that, for the purpose of calculating a local edu-
cational agency’s maximum amount under subsection 
(b), data from the most current fiscal year shall be 
used.’’; and 
(C) in subsection (i)(1), by striking ‘‘the 
Secretary shall use the remainder described in 
subsection (h)(3) for the fiscal year involved’’ 
and inserting ‘‘the Secretary shall use amounts 
remaining after making payments under sub-
section (h)(1) for the fiscal year involved’’; 
(2) 
in 
section 
8003(a)(4) 
(20 
U.S.C. 
7703(a)(4))— 
(A) in the paragraph heading, by striking 
‘‘RENOVATION
OR
REBUILDING’’ and inserting 
‘‘RENOVATION, 
REBUILDING, 
OR
AUTHORIZED 
FOR DEMOLITION’’; 
(B) in subparagraph (A), by striking ‘‘ren-
ovation or rebuilding’’ both places the term ap-
pears and inserting ‘‘renovation, rebuilding, or 
authorized for demolition’’; 
(C) in subparagraph (B)—
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(i) by striking ‘‘renovation or rebuild-
ing’’ each place the term appears and in-
serting ‘‘renovation, rebuilding, or author-
ized for demolition’’; and 
(ii) in clause (i)(I), by striking ‘‘3 fis-
cal years’’ and inserting ‘‘4 fiscal years 
(which are not required to run consecu-
tively)’’; and 
(iii) in clause (ii)(I), by striking ‘‘3 
fiscal years’’ and inserting ‘‘4 fiscal years 
(which are not required to run consecu-
tively)’’; and 
(D) by adding at the end the following: 
‘‘(C) ELIGIBLE HOUSING.—Renovation, re-
building, or authorized for demolition shall be 
defined as projects considered as recapitalization, 
modernization, or restoration as defined by the 
Secretary of Defense or the Secretary of the Inte-
rior (as the case may be) and are projects that 
last more than 30 days, but do not include 
‘sustainment projects’ such as painting, car-
peting, or minor repairs.’’; and 
(3) in section 8010 (20 U.S.C. 7710)— 
(A) in subsection (c)—
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(i) in paragraph (1), by striking 
‘‘paragraph (3) of this subsection’’ both 
places the term appears and inserting 
‘‘paragraph (2)’’; and 
(ii) in paragraph (2)(E), by striking 
‘‘under section 8003(b)’’ and all that follows 
through the period at the end and inserting 
‘‘under this title.’’; and 
(B) by adding at the end the following: 
‘‘(d) TIMELY PAYMENTS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), the 
Secretary shall pay a local educational agency the 
full amount that the agency is eligible to receive 
under this title for a fiscal year not later than Sep-
tember 30 of the second fiscal year following the fiscal 
year for which such amount has been appropriated if, 
not later than 1 calendar year following the fiscal 
year in which such amount has been appropriated, 
such local educational agency submits to the Sec-
retary all the data and information necessary for the 
Secretary to pay the full amount that the agency is 
eligible to receive under this title for such fiscal year. 
‘‘(2) PAYMENTS WITH RESPECT OF FISCAL YEARS 
IN
WHICH
INSUFFICIENT
FUNDS
ARE
APPRO-
PRIATED.—For a fiscal year in which the amount ap-
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† HR 4310 EAS1S 
propriated under section 8014 is insufficient to pay 
the full amount a local educational agency is eligible 
to receive under this title, paragraph (1) shall be ap-
plied by substituting ‘is available to pay the agency’ 
for ‘the agency is eligible to receive’ both places the 
term appears.’’. 
(c) 
EFFECTIVE
DATE.—Notwithstanding 
section 
8005(d) of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7705(d)), subsection (b)(1), and the 
amendments made by subsection (b)(1), shall take effect 
with respect to applications submitted under section 8002 
of the Elementary and Secondary Education Act of 1965 
(20 U.S.C. 7702) for fiscal year 2010. 
SEC. 574. MILITARY SPOUSES. 
(a) IN GENERAL.—Subchapter I of chapter 33 of title 
5, United States Code, is amended by adding at the end 
the following: 
‘‘§ 3330d. Appointment of certain military spouses 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘active duty’— 
‘‘(A) has the meaning given that term in 
section 101(d)(1) of title 10; 
‘‘(B) includes full-time National Guard 
duty (as defined in section 101(d)(5) of title 10); 
and
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‘‘(C) for a member of a reserve component 
(as described in section 10101 of title 10), does 
not include training duties or attendance at a 
service school; 
‘‘(2) the term ‘agency’— 
‘‘(A) has the meaning given the term ‘Exec-
utive agency’ in section 105; and 
‘‘(B) does not include the Government Ac-
countability Office; 
‘‘(3) the term ‘geographic area of the permanent 
duty station’ means the area from which individuals 
reasonably can be expected to travel daily to and from 
work at the location of a member’s permanent duty 
station; 
‘‘(4) the term ‘permanent change of station’ 
means the assignment, detail, or transfer of a member 
of the Armed Forces who is on active duty and serv-
ing at a permanent duty station under a competent 
authorization or order that does not— 
‘‘(A) specify the duty as temporary; 
‘‘(B) provide for assignment, detail, or 
transfer, after that different permanent duty sta-
tion, to a further different permanent duty sta-
tion; or
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† HR 4310 EAS1S 
‘‘(C) direct return to the initial permanent 
duty station; 
‘‘(5) the term ‘relocating spouse of a member of 
the Armed Forces’ means an individual who— 
‘‘(A) is married to a member of the Armed 
Forces (without regard to whether the individual 
married the member before a permanent change 
of station of the member) who is ordered to ac-
tive duty for a period of more than 180 consecu-
tive days; 
‘‘(B) relocates to the member’s permanent 
duty station; and 
‘‘(C) before relocating as described in sub-
paragraph (B), resided outside the geographic 
area of the permanent duty station; and 
‘‘(6) the term ‘spouse of a disabled or deceased 
member of the Armed Forces’ means an individual— 
‘‘(A) who is married to a member of the 
Armed Forces who— 
‘‘(i) is retired, released, or discharged 
from the Armed Forces; and 
‘‘(ii) on the date on which the member 
retires, is released, or is discharged, has a 
disability rating of 100 percent under the 
standard schedule of rating disabilities in
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use by the Department of Veterans Affairs; 
or 
‘‘(B) who— 
‘‘(i) was married to a member of the 
Armed Forces on the date on which the 
member dies while on active duty in the 
Armed Forces; and 
‘‘(ii) has not remarried. 
‘‘(b) AUTHORITY.—The head of an agency may ap-
point noncompetitively a relocating spouse of a member of 
the Armed Forces or a spouse of a disabled or deceased 
member of the Armed Forces. 
‘‘(c) RELOCATING SPOUSES.— 
‘‘(1) IN GENERAL.—An appointment of a relo-
cating spouse of a member of the Armed Forces under 
this section may only be to a position the duty sta-
tion for which is within the geographic area of the 
permanent duty station of the member of the Armed 
Forces, unless there is no agency with a position with 
a duty station within the geographic area of the per-
manent duty station of the member of the Armed 
Forces. 
‘‘(2) SINGLE
APPOINTMENT
PER
DUTY
STA-
TION.—A relocating spouse of a member of the Armed 
Forces may not receive more than 1 appointment
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† HR 4310 EAS1S 
under this section for each time the spouse relocates 
as described in subparagraphs (B) and (C) of sub-
section (a)(5).’’. 
(b) REGULATIONS.—Not later than 180 after the date 
of enactment of this Act, the Director of the Office of Per-
sonnel Management shall amend section 315.612 of title 5, 
Code of Federal Regulations (relating to noncompetitive ap-
pointment of certain military spouses) in accordance with 
the amendment made by subsection (a) and promulgate or 
amend any other regulations necessary to carry out the 
amendment made by subsection (a). 
(c) TECHNICAL AND CONFORMING AMENDMENT.—The 
table of sections for chapter 33 of title 5, United States 
Code, is amended by inserting after the item relating to 
section 3330c the following: 
‘‘3330d. Appointment of certain military spouses.’’. 
SEC. 575. MODIFICATION OF AUTHORITY TO ALLOW DE-
PARTMENT OF DEFENSE DOMESTIC DEPEND-
ENT 
ELEMENTARY 
AND 
SECONDARY 
SCHOOLS TO ENROLL CERTAIN STUDENTS. 
Section 2164 of title 10, United States Code, is amend-
ed by adding at the end the following new subsections: 
‘‘(k) TUITION-FREE ENROLLMENT IN DOMESTIC DE-
PENDENT SCHOOLS
FOR CERTAIN OVERSEAS DEPEND-
ENTS.—Tuition-free enrollment in the domestic dependent 
elementary and secondary schools is authorized for depend-
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† HR 4310 EAS1S 
ents who are currently enrolled in the defense dependents’ 
education school system pursuant to the Defense Depend-
ents’ Education Act of 1978 (20 U.S.C. 921 et seq.) if— 
‘‘(1) such dependents departed their overseas lo-
cation due to an authorized departure or evacuation 
order; 
‘‘(2) the designated safe haven of such dependents 
is located within commuting distance of a school op-
erated by the domestic dependent elementary and sec-
ondary schools; and 
‘‘(3) the school concerned already possesses the 
capacity and resources for such dependents to attend 
the school. 
‘‘(l) TUITION-PAYING ENROLLMENT IN VIRTUAL ELE-
MENTARY AND SECONDARY EDUCATION PROGRAM FOR CER-
TAIN DEPENDENTS TRANSITIONING FROM OVERSEAS.— 
Under regulations prescribed by the Secretary, tuition-pay-
ing enrollment in the virtual elementary and secondary 
education program of the Department for dependents of 
members of the armed forces on active duty is authorized 
when such dependents— 
‘‘(1) transition from an overseas defense depend-
ents’ education system school into a school operated 
by a local educational agency or another accredited 
educational program in the United States, and
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† HR 4310 EAS1S 
‘‘(2) are not otherwise eligible to enroll in a do-
mestic dependent elementary or secondary school pur-
suant to subsection (a).’’. 
SEC. 576. SENSE OF CONGRESS REGARDING SUPPORT FOR 
YELLOW RIBBON DAY. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The hopes and prayers of the people of the 
United States for the safe return of members of the 
Armed Forces of the United States serving overseas 
are often demonstrated through the proud display of 
yellow ribbons. 
(2) The designation of a ‘‘Yellow Ribbon Day’’ 
would serve as an additional reminder for all people 
of the United States of the continued sacrifice of 
members of the Armed Forces. 
(3) Yellow Ribbon Day would also recognize the 
history and meaning of the yellow ribbon as the sym-
bol of support for members of the Armed Forces and 
other individuals of the United States who are serving 
in combat or crisis situations overseas. 
(b) SENSE
OF CONGRESS.—Congress supports the 
goals and ideals of Yellow Ribbon Day in honor of members 
of the Armed Forces of the United States who are serving 
overseas apart from their families and loved ones.
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† HR 4310 EAS1S 
SEC. 577. REPORT ON FUTURE OF FAMILY SUPPORT PRO-
GRAMS OF THE DEPARTMENT OF DEFENSE. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense commit-
tees a report on the anticipated future of the family support 
programs of the Department of Defense during the five-year 
period beginning on the date of the submittal of the report 
as end strengths for the Armed Forces are reduced and the 
Armed Forces are drawn down from combat operations in 
Afghanistan. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include the following: 
(1) A description of the current family support 
programs of each of the Armed Forces and the De-
partment of Defense, including the name, scope and 
intended purpose of each program. 
(2) An assessment of the current costs of the fam-
ily support programs covered by paragraph (1), and 
an estimate of the costs of anticipated family support 
programs of the Department over the period covered 
by the report. 
(3) An assessment of the costs and other con-
sequences associated with the elimination or reduction 
of any current family support programs of the De-
partment over the period covered by the report.
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† HR 4310 EAS1S 
(4) An assessment by the Secretary of the Army 
of the Family Readiness Support Assistant program, 
and a description of any planned or anticipated 
changes to that program over the period covered by 
the report. 
Subtitle H—Other Matters 
SEC. 581. FAMILY BRIEFINGS CONCERNING ACCOUNTINGS 
FOR MEMBERS OF THE ARMED FORCES AND 
DEPARTMENT OF DEFENSE CIVILIAN EM-
PLOYEES LISTED AS MISSING. 
Section 1501(a)(1) of title 10, United States Code, is 
amended— 
(1) in subparagraph (B), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (C), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(D) coordination of periodic briefing of families 
of missing persons about the efforts of the Department 
of Defense to account for those persons.’’. 
SEC. 582. ENHANCEMENT OF AUTHORITY TO ACCEPT GIFTS 
AND SERVICES. 
(a) ACTIVITIES BENEFITTING EDUCATION AS SERV-
ICES SUBJECT TO ACCEPTANCE.—Section 2601(i)(2) of title
220 
† HR 4310 EAS1S 
10, United States Code, is amended by inserting ‘‘edu-
cation,’’ before ‘‘morale,’’. 
(b) ACCEPTANCE OF VOLUNTARY SERVICES IN CON-
NECTION WITH ACCOUNTING FOR MISSING PERSONS.—Sec-
tion 1588(a) of such title is amended by adding at the end 
the following new paragraph: 
‘‘(9) Voluntary services to facilitate accounting 
for missing persons.’’. 
(c) AUTHORITY FOR COOPERATIVE AGREEMENTS FOR 
ACCEPTANCE
BY MILITARY MUSEUMS
AND EDUCATION 
PROGRAMS OF NONPROFIT SUPPORT.— 
(1) IN GENERAL.—Chapter 155 of such title is 
amended by adding at the end the following new sec-
tion: 
‘‘§ 2615. Military museums and military education 
programs: cooperative agreements for re-
ceipt of support from nonprofit entities 
‘‘The Secretary concerned may enter into a cooperative 
agreement (as described in section 6305 of title 31) with 
a nonprofit entity for purposes related to support of a mili-
tary educational institution program or military museum 
program if a cooperative agreement is the appropriate 
mechanism to obtain such support under the provisions of 
section 6305 of title 31.’’.
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† HR 4310 EAS1S 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 155 of such title is 
amended by adding at the end the following new item: 
‘‘2615. Military museums and military education programs: cooperative agree-
ments for receipt of support from nonprofit entities.’’. 
SEC. 583. CLARIFICATION OF AUTHORIZED FISHER HOUSE 
RESIDENTS AT THE FISHER HOUSE FOR THE 
FAMILIES OF THE FALLEN AND MEDITATION 
PAVILION AT DOVER AIR FORCE BASE, DELA-
WARE. 
(a) TREATMENT OF FISHER HOUSE FOR THE FAMI-
LIES OF THE FALLEN AND MEDITATION PAVILION.—Sub-
section (a) of section 2493 of title 10, United States Code, 
is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (B), by striking ‘‘by 
patients’’ and all that follows through ‘‘such pa-
tients;’’ and inserting ‘‘by authorized Fisher 
House residents;’’; and 
(B) by adding after subparagraph (C) the 
following new flush sentence: 
‘‘The term includes the Fisher House for the Families 
of the Fallen and Meditation Pavilion at Dover Air 
Force Base, Delaware, so long as such facility is 
available for residential use on a temporary basis by 
authorized Fisher House residents.’’; and
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† HR 4310 EAS1S 
(2) by adding at the end the following new para-
graph: 
‘‘(3) The term ‘authorized Fisher House resi-
dents’ means the following: 
‘‘(A) With respect to a facility described in 
the first sentence of paragraph (1) that is located 
in proximity to a health care facility of the 
Army, the Air Force, or the Navy, the following 
persons: 
‘‘(i) Patients of that health care facil-
ity. 
‘‘(ii) Members of the families of such 
patients. 
‘‘(iii) Others providing the equivalent 
of familial support for such patients. 
‘‘(B) With respect to the Fisher House for 
Families of the Fallen and Meditation Pavilion 
at Dover Air Force Base, Delaware, the following 
persons: 
‘‘(i) The primary next of kin of a 
member of the armed forces who dies while 
located or serving overseas. 
‘‘(ii) Other family members of the de-
ceased member who are eligible for trans-
portation under section 411f(e) of title 37.
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† HR 4310 EAS1S 
‘‘(iii) An escort of a family member de-
scribed in clause (i) or (ii).’’. 
(b) CONFORMING AMENDMENTS.—Subsections (b), (e), 
(f), and (g) of such section are amended by striking ‘‘health 
care’’ each place it appears. 
(c) REPEAL OF SUPERSEDED AUTHORITY.—Section 
643 of the National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112–81; 125 Stat. 1466) is repealed. 
SEC. 584. REPORT ON ACCURACY OF DATA IN THE DEFENSE 
ENROLLMENT ELIGIBILITY REPORTING SYS-
TEM. 
Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the House 
of Representatives a plan to improve the completeness and 
accuracy of the data contained in the Defense Enrollment 
Eligibility Reporting System (DEERS) in order to provide 
for the standardization of identification credentials re-
quired for eligibility, enrollment, transactions, and updates 
across all Department of Defense installations and to ensure 
that those issued military identification cards and receiving 
benefits based on such data are actually eligible for such 
cards and benefits.
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† HR 4310 EAS1S 
SEC. 585. POSTHUMOUS HONORARY PROMOTION OF SER-
GEANT PASCHAL CONLEY TO SECOND LIEU-
TENANT IN THE ARMY. 
Notwithstanding the time limitation specified in sec-
tion 1521 of title 10, United States Code, or any other time 
limitation with respect to posthumous promotions for per-
sons who served in the Armed Forces, the President is au-
thorized to issue an appropriate posthumous honorary com-
mission promoting to second lieutenant in the Army under 
section 1521 of such title Sergeant (retired) Paschal Conley, 
a distinguished Buffalo Soldier who was recommended for 
promotion to second lieutenant under then-existing proce-
dures by General John J. Pershing. 
TITLE VI—COMPENSATION AND 
OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
SEC. 601. RATES OF BASIC ALLOWANCE FOR HOUSING FOR 
ARMY NATIONAL GUARD AND AIR NATIONAL 
GUARD MEMBERS ON FULL-TIME NATIONAL 
GUARD DUTY. 
Section 403(g) of title 37, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(6)(A) The rate of basic allowance for housing to be 
paid to a member of the Army National Guard of the 
United States or the Air National Guard of the United
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† HR 4310 EAS1S 
States on full-time National Guard duty shall be based on 
the member’s duty location. 
‘‘(B)(i) The rate of basic allowance for housing to be 
paid a member described in subparagraph (A) may not be 
modified upon the transition of the member from active 
duty to full-time National Guard duty, or from full-time 
National Guard duty to active duty, when the transition 
occurs without a break in active service, unless the transi-
tion results in a permanent change of station and shipment 
of household goods. 
‘‘(ii) For purposes of this subparagraph, a break in 
active service occurs when one or more calendar days be-
tween active service periods do not qualify as active serv-
ice.’’. 
SEC. 602. PAYMENT OF BENEFIT FOR NONPARTICIPATION 
OF ELIGIBLE MEMBERS IN POST-DEPLOY-
MENT/MOBILIZATION RESPITE ABSENCE PRO-
GRAM DUE TO GOVERNMENT ERROR. 
(a) PAYMENT OF BENEFIT.— 
(1) IN GENERAL.—Subject to subsection (e), the 
Secretary concerned shall, upon application therefor, 
make a payment to each individual described in 
paragraph (2) of $200 for each day of nonparticipa-
tion of such individual in the Post-Deployment/Mobi-
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† HR 4310 EAS1S 
lization Respite Absence program as described in that 
paragraph. 
(2) COVERED INDIVIDUALS.—An individual de-
scribed in this paragraph is an individual who— 
(A) was eligible for participation as a mem-
ber of the Armed Forces in the Post-Deployment/ 
Mobilization Respite Absence program; but 
(B) as determined by the Secretary con-
cerned pursuant to an application for the correc-
tion of the military records of such individual 
pursuant to section 1552 of title 10, United 
States Code, did not participate in one or more 
days in the program for which the individual 
was so eligible due to Government error. 
(b) DECEASED INDIVIDUALS.— 
(1) APPLICATIONS.—If an individual otherwise 
covered by subsection (a) is deceased, the application 
required by that subsection shall be made by the indi-
vidual’s legal representative. 
(2) PAYMENT.—If an individual to whom pay-
ment would be made under subsection (a) is deceased 
at time of payment, payment shall be made in the 
manner specified in section 1552(c)(2) of title 10, 
United States Code.
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† HR 4310 EAS1S 
(c) PAYMENT
IN
LIEU
OF
ADMINISTRATIVE
AB-
SENCE.—Payment under subsection (a) with respect to a 
day described in that subsection shall be in lieu of any enti-
tlement of the individual concerned to a day of administra-
tive absence for such day. 
(d) CONSTRUCTION.— 
(1) CONSTRUCTION
WITH
OTHER
PAY.—Any 
payment with respect to an individual under sub-
section (a) is in addition to any other pay provided 
by law. 
(2) CONSTRUCTION
OF
AUTHORITY.—It is the 
sense of Congress that— 
(A) the sole purpose of the authority in this 
section is to remedy administrative errors; and 
(B) the authority in this section is not in-
tended to establish any entitlement in connection 
with the Post-Deployment/Mobilization Respite 
Absence program. 
(e) OFFSET.—The Secretary of Defense shall transfer 
$2,000,000 from the unobligated balances of the Pentagon 
Reservation Maintenance Revolving Fund established under 
section 2674(e) of title 10, United States Code, to the Mis-
cellaneous Receipts Fund of the United States Treasury. 
(f) DEFINITIONS.—In this section, the terms ‘‘Post-De-
ployment/Mobilization Respite Absence program’’ and
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† HR 4310 EAS1S 
‘‘Secretary concerned’’ have the meaning given such terms 
in section 604(f) of the National Defense Authorization Act 
for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2350). 
SEC. 603. EXTENSION OF AUTHORITY TO PROVIDE TEM-
PORARY INCREASE IN RATES OF BASIC AL-
LOWANCE FOR HOUSING UNDER CERTAIN 
CIRCUMSTANCES. 
Section 403(b)(7)(E) of title 37, United States Code, 
is amended by striking ‘‘December 31, 2012’’ and inserting 
‘‘December 31, 2013’’. 
Subtitle B—Bonuses and Special 
and Incentive Pays 
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 
SPECIAL PAY AUTHORITIES FOR RESERVE 
FORCES. 
The following sections of title 37, United States Code, 
are amended by striking ‘‘December 31, 2012’’ and insert-
ing ‘‘December 31, 2013’’: 
(1) Section 308b(g), relating to Selected Reserve 
reenlistment bonus. 
(2) Section 308c(i), relating to Selected Reserve 
affiliation or enlistment bonus. 
(3) Section 308d(c), relating to special pay for 
enlisted members assigned to certain high-priority 
units.
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† HR 4310 EAS1S 
(4) Section 308g(f)(2), relating to Ready Reserve 
enlistment bonus for persons without prior service. 
(5) Section 308h(e), relating to Ready Reserve 
enlistment and reenlistment bonus for persons with 
prior service. 
(6) Section 308i(f), relating to Selected Reserve 
enlistment and reenlistment bonus for persons with 
prior service. 
(7) Section 910(g), relating to income replace-
ment payments for reserve component members expe-
riencing extended and frequent mobilization for active 
duty service. 
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 
SPECIAL PAY AUTHORITIES FOR HEALTH 
CARE PROFESSIONALS. 
(a) TITLE 10 AUTHORITIES.—The following sections 
of title 10, United States Code, are amended by striking 
‘‘December 31, 2012’’ and inserting ‘‘December 31, 2013’’: 
(1) Section 2130a(a)(1), relating to nurse officer 
candidate accession program. 
(2) Section 16302(d), relating to repayment of 
education loans for certain health professionals who 
serve in the Selected Reserve.
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† HR 4310 EAS1S 
(b) TITLE 37 AUTHORITIES.—The following sections of 
title 37, United States Code, are amended by striking ‘‘De-
cember 31, 2012’’ and inserting ‘‘December 31, 2013’’: 
(1) Section 302c–1(f), relating to accession and 
retention bonuses for psychologists. 
(2) Section 302d(a)(1), relating to accession 
bonus for registered nurses. 
(3) Section 302e(a)(1), relating to incentive spe-
cial pay for nurse anesthetists. 
(4) Section 302g(e), relating to special pay for 
Selected Reserve health professionals in critically 
short wartime specialties. 
(5) Section 302h(a)(1), relating to accession 
bonus for dental officers. 
(6) Section 302j(a), relating to accession bonus 
for pharmacy officers. 
(7) Section 302k(f), relating to accession bonus 
for medical officers in critically short wartime spe-
cialties. 
(8) Section 302l(g), relating to accession bonus 
for dental specialist officers in critically short war-
time specialties.
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† HR 4310 EAS1S 
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND 
BONUS AUTHORITIES FOR NUCLEAR OFFI-
CERS. 
The following sections of title 37, United States Code, 
are amended by striking ‘‘December 31, 2012’’ and insert-
ing ‘‘December 31, 2013’’: 
(1) Section 312(f), relating to special pay for 
nuclear-qualified officers extending period of active 
service. 
(2) Section 312b(c), relating to nuclear career 
accession bonus. 
(3) Section 312c(d), relating to nuclear career 
annual incentive bonus. 
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELAT-
ING TO TITLE 37 CONSOLIDATED SPECIAL 
PAY, INCENTIVE PAY, AND BONUS AUTHORI-
TIES. 
The following sections of title 37, United States Code, 
are amended by striking ‘‘December 31, 2012’’ and insert-
ing ‘‘December 31, 2013’’: 
(1) Section 331(h), relating to general bonus au-
thority for enlisted members. 
(2) Section 332(g), relating to general bonus au-
thority for officers. 
(3) Section 333(i), relating to special bonus and 
incentive pay authorities for nuclear officers.
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† HR 4310 EAS1S 
(4) Section 334(i), relating to special aviation 
incentive pay and bonus authorities for officers. 
(5) Section 335(k), relating to special bonus and 
incentive pay authorities for officers in health profes-
sions. 
(6) Section 351(h), relating to hazardous duty 
pay. 
(7) Section 352(g), relating to assignment pay or 
special duty pay. 
(8) Section 353(i), relating to skill incentive pay 
or proficiency bonus. 
(9) Section 355(h), relating to retention incen-
tives for members qualified in critical military skills 
or assigned to high priority units. 
SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELAT-
ING TO PAYMENT OF OTHER TITLE 37 BO-
NUSES AND SPECIAL PAYS. 
The following sections of title 37, United States Code, 
are amended by striking ‘‘December 31, 2012’’ and insert-
ing ‘‘December 31, 2013’’: 
(1) Section 301b(a), relating to aviation officer 
retention bonus. 
(2) Section 307a(g), relating to assignment in-
centive pay.
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† HR 4310 EAS1S 
(3) Section 308(g), relating to reenlistment 
bonus for active members. 
(4) Section 309(e), relating to enlistment bonus. 
(5) Section 324(g), relating to accession bonus 
for new officers in critical skills. 
(6) Section 326(g), relating to incentive bonus 
for conversion to military occupational specialty to 
ease personnel shortage. 
(7) Section 327(h), relating to incentive bonus 
for transfer between armed forces. 
(8) Section 330(f), relating to accession bonus for 
officer candidates. 
SEC. 616. INCREASE IN AMOUNT OF OFFICER AFFILIATION 
BONUS FOR OFFICERS IN THE SELECTED RE-
SERVE. 
Section 308j(d) of title 37, United States Code, is 
amended by striking ‘‘$10,000’’ and inserting ‘‘$20,000’’. 
SEC. 617. INCREASE IN MAXIMUM AMOUNT OF INCENTIVE 
BONUS FOR RESERVE COMPONENT MEMBERS 
WHO 
CONVERT 
MILITARY 
OCCUPATIONAL 
SPECIALTY TO EASE PERSONNEL SHORT-
AGES. 
Section 326(c)(1) of title 37, United States Code, is 
amended by striking ‘‘, in the case of’’ the first place it
234 
† HR 4310 EAS1S 
appears and all that follows through ‘‘reserve component of 
the armed forces’’. 
Subtitle C—Travel and 
Transportation Allowances 
SEC. 631. PERMANENT CHANGE OF STATION ALLOWANCES 
FOR MEMBERS OF SELECTED RESERVE UNITS 
FILLING 
A 
VACANCY 
IN 
ANOTHER 
UNIT 
AFTER BEING INVOLUNTARILY SEPARATED. 
(a) TRAVEL AND TRANSPORTATION ALLOWANCES GEN-
ERALLY.—Section 474 of title 37, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (4), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (5), by striking the period 
at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(6) upon filling a vacancy in a Selected Reserve 
unit at a duty station that is more than 150 miles 
from the member’s residence if— 
‘‘(A) during the preceding three years the 
member was involuntarily separated under other 
than adverse conditions (as characterized by the 
Secretary concerned) while assigned to a unit of
235 
† HR 4310 EAS1S 
the Selected Reserve certified by the Secretary 
concerned as having been adversely affected by 
force structure reductions during the period be-
ginning on October 1, 2012, and ending on De-
cember 31, 2018; 
‘‘(B) the involuntary separation occurred 
during the period beginning on October 1, 2012, 
and ending on December 31, 2018; and 
‘‘(C) the member is— 
‘‘(i) qualified in a skill designated as 
critically short by the Secretary concerned; 
or 
‘‘(ii) filling a vacancy in a Selected 
Reserve unit with a critical manpower 
shortage, or in a pay grade with a critical 
manpower shortage in such unit.’’; 
(2) in subsection (f), by adding at the end the 
following new paragraph: 
‘‘(4)(A) A member may be provided travel and trans-
portation allowances under subsection (a)(6) only with re-
spect to the filling of a vacancy in a Selected Reserve unit 
one time. 
‘‘(B) Regulations under this section shall provide that 
whenever travel and transportation allowances are paid
236 
† HR 4310 EAS1S 
under subsection (a)(6), the cost shall be borne by the unit 
filling the vacancy.’’; and 
(3) in subsection (j), by striking ‘‘In this’’ and 
inserting ‘‘Other than in subsection (a)(6), in this’’. 
(b) TRAVEL AND TRANSPORTATION ALLOWANCES FOR 
DEPENDENTS AND HOUSEHOLD EFFECTS.—Section 476 of 
such title is amended— 
(1) by redesignating subsections (l), (m), and (n) 
as subsections (m), (n), and (o); and 
(2) by inserting after subsection (k) the following 
new subsection (l) 
‘‘(l)(1) A member described in paragraph (2) is enti-
tled to the travel and transportation allowances, including 
allowances with respect to dependents, authorized by this 
section upon filling a vacancy as described in that para-
graph as if the member were undergoing a permanent 
change of station under orders in filling such vacancy. 
‘‘(2) A member described in this paragraph is a mem-
ber who is filling a vacancy in a Selected Reserve unit at 
a duty station that is more than 150 miles from the mem-
ber’s residence if— 
‘‘(A) during the three years preceding filling the 
vacancy, the member was involuntarily separated 
under other than adverse conditions (as characterized 
by the Secretary concerned) while assigned to a unit
237 
† HR 4310 EAS1S 
of the Selected Reserve certified by the Secretary con-
cerned as having been adversely affected by force 
structure reductions during the period beginning on 
October 1, 2012, and ending on December 31, 2018; 
‘‘(B) the involuntary separation occurred during 
the period beginning on October 1, 2012, and ending 
on December 31, 2018; and 
‘‘(C) the member is— 
‘‘(i) qualified in a skill designated as criti-
cally short by the Secretary concerned; or 
‘‘(ii) filling a vacancy in a Selected Reserve 
unit with a critical manpower shortage, or in a 
pay grade with a critical manpower shortage in 
such unit. 
‘‘(3) Any allowances authorized by this section that are 
payable under this subsection may be payable in advance 
if payable in advance to a member undergoing a permanent 
change of station under orders under the applicable provi-
sion of this section.’’. 
SEC. 632. AUTHORITY FOR COMPREHENSIVE PROGRAM FOR 
SPACE-AVAILABLE TRAVEL ON DEPARTMENT 
OF DEFENSE AIRCRAFT. 
(a) IN GENERAL.—Chapter 157 of title 10, United 
States Code, is amended by inserting after section 2641b 
the following new section:
238 
† HR 4310 EAS1S 
‘‘§ 2641c. Space-available travel on Department of De-
fense aircraft 
‘‘(a) AUTHORITY TO ESTABLISH PROGRAM.—(1) The 
Secretary of Defense may establish a program to provide 
transportation on Department of Defense aircraft on a 
space-available basis. 
‘‘(2) The program shall be conducted pursuant to regu-
lations prescribed by the Secretary for purposes of this sec-
tion. Such regulations shall be prescribed by not later than 
January 1, 2014, and shall take effect on that date or such 
earlier date as the Secretary shall specify in such regula-
tions. 
‘‘(3) The program shall be conducted in a budget neu-
tral manner. No additional funds may be used, or flight 
hours performed, for the provision of transportation under 
the program. 
‘‘(b) BENEFIT.—If the Secretary establishes a program 
authorized by subsection (a), the Secretary shall, subject to 
section (c), provide the benefit under the program to the 
following categories of individuals: 
‘‘(1) Members of the armed forces on active duty. 
‘‘(2) Members of the Selected Reserve who hold a 
valid Uniformed Services Identification and Privilege 
Card. 
‘‘(3) Retired members of a regular or reserve 
component of the armed forces, including retired
239 
† HR 4310 EAS1S 
members of reserve components, who, but for being 
under the eligibility age applicable under section 
12731 of this title, would be eligible for retired pay 
under chapter 1223 of this title. 
‘‘(4) The unremarried spouses of members of the 
armed forces who were killed on active duty or other-
wise died in the line of duty, and the unremarried 
spouses of former members of the armed forces who 
died of a combat-related illness or injury, who hold 
a valid Uniformed Services Identification and Privi-
lege Card. 
‘‘(5) Such categories of dependents of individuals 
described in paragraphs (1) through (3) as the Sec-
retary shall specify in the regulations under sub-
section (a), under such conditions and circumstances 
as the Secretary shall specify in such regulations. 
‘‘(6) Such other categories of individuals as the 
Secretary, in the discretion of the Secretary, considers 
appropriate. 
‘‘(c) ADMINISTRATION.—In carrying out a program 
under this section, the Secretary shall— 
‘‘(1) in the sole discretion of the Secretary, estab-
lish an order of priority for transportation under the 
program for categories of individuals under sub-
section (b) that is based on considerations of military
240 
† HR 4310 EAS1S 
necessity, humanitarian concerns, and enhancement 
of morale; 
‘‘(2) give priority in consideration of transpor-
tation under the program to the demands of members 
of the armed forces in the regular components and in 
the reserve components on active duty and to the need 
to provide such members, and their dependents, a 
means of respite from such demands; and 
‘‘(3) implement policies aimed at ensuring cost 
control and the safety, security, and efficient proc-
essing of travelers, including limiting the benefit 
under the program to one or more categories of indi-
viduals set forth in subsection (b) if considered nec-
essary by the Secretary. 
‘‘(d) CONSTRUCTION.—The authority to provide trans-
portation under this section is in addition to any other au-
thority under law to provide transportation on Department 
of Defense aircraft on a space-available basis.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 157 of such title is amended by 
inserting after the item relating to section 2641b the fol-
lowing new item: 
‘‘2641c. Space-available travel on Department of Defense aircraft.’’.
241 
† HR 4310 EAS1S 
Subtitle D—Disability, Retired Pay, 
and Survivor Benefits 
SEC. 641. REPEAL OF REQUIREMENT FOR PAYMENT OF SUR-
VIVOR BENEFIT PLAN PREMIUMS WHEN PAR-
TICIPANT WAIVES RETIRED PAY TO PROVIDE 
A SURVIVOR ANNUITY UNDER FEDERAL EM-
PLOYEES RETIREMENT SYSTEM AND TERMI-
NATION OF PAYMENT OF SURVIVOR BENEFIT 
PLAN ANNUITY. 
(a) DEPOSITS NOT REQUIRED.—Section 1452(e) of 
title 10, United States Code, is amended— 
(1) in the subsection heading, by inserting ‘‘AND 
FERS’’ after ‘‘CSRS’’; 
(2) by inserting ‘‘or for the purposes of chapter 
84 of title 5,’’ after ‘‘chapter 83 of title 5,’’; 
(3) by inserting ‘‘or 8416(a)’’ after ‘‘8339(j)’’; 
and 
(4) by inserting ‘‘or 8442(a)’’ after ‘‘8341(b)’’. 
(b) CONFORMING AMENDMENTS.—Section 1450(d) of 
such title is amended— 
(1) by inserting ‘‘or for the purposes of chapter 
84 of title 5,’’ after ‘‘chapter 83 of title 5,’’; 
(2) by inserting ‘‘or 8146(a)’’ after ‘‘8339(j)’’; 
and 
(3) by inserting ‘‘or 8442(a)’’ after ‘‘8341(b).’’
242 
† HR 4310 EAS1S 
(c) APPLICABILITY.—The amendments made by this 
section shall apply with respect to any participant electing 
a annuity for survivors under chapter 84 of title 5, United 
States Code, on or after the date of the enactment of this 
Act. 
SEC. 642. REPEAL OF AUTOMATIC ENROLLMENT IN FAMILY 
SERVICEMEMBERS’ GROUP LIFE INSURANCE 
FOR MEMBERS OF THE ARMED FORCES MAR-
RIED TO OTHER MEMBERS. 
Section 1967(a)(1) of title 38, United States Code, is 
amended— 
(1) in subparagraph (A)(ii), by inserting after 
‘‘insurable dependent of the member’’ the following: 
‘‘(other than a dependent who is also a member of a 
uniformed service and, because of such membership, 
automatically insured under this paragraph)’’; and 
(2) in subparagraph (C)(ii), by inserting after 
‘‘insurable dependent of the member’’ the following: 
‘‘(other than a dependent who is also a member of a 
uniformed service and, because of such membership, 
automatically insured under this paragraph)’’.
243 
† HR 4310 EAS1S 
SEC. 643. CLARIFICATION OF COMPUTATION OF COMBAT- 
RELATED 
SPECIAL 
COMPENSATION 
FOR 
CHAPTER 61 DISABILITY RETIREES. 
(a) IN GENERAL.—Section 1413a(b)(3) of title 10, 
United States Code, is amended by striking ‘‘shall be re-
duced by the amount (if any) by which the amount of the 
member’s retired pay under chapter 61 of this title exceeds’’ 
both places it appears and inserting ‘‘may not, when com-
bined with the amount of retired pay payable to the retiree 
after any such reduction under sections 5304 and 5305 of 
title 38, cause the total of such combined payment to ex-
ceed’’. 
(b) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on October 1, 2013, and shall apply 
to payments for months beginning on or after that date. 
Subtitle E—Military Lending 
Matters 
SEC. 651. ENHANCEMENT OF PROTECTIONS ON CONSUMER 
CREDIT 
FOR 
MEMBERS 
OF 
THE 
ARMED 
FORCES AND THEIR DEPENDENTS. 
(a) CONSUMER CREDIT.—Paragraph (6) of section 
987(i) of title 10, United States Code, is amended to read 
as follows: 
‘‘(6) CONSUMER CREDIT.— 
‘‘(A) IN
GENERAL.—The term ‘consumer 
credit’ shall be defined by the Secretary of De-
244 
† HR 4310 EAS1S 
fense in regulations prescribed under this section, 
and shall include, in addition to any other 
meaning provided for in such regulations, the 
following: 
‘‘(i) A vehicle title loan for any dura-
tion, whether open end or closed end. 
‘‘(ii) A payday loan for any duration, 
whether open end or closed end. 
‘‘(iii) A tax refund anticipation loan. 
‘‘(B) EXCLUSIONS.—The term ‘consumer 
credit’ does not include the following: 
‘‘(i) A residential mortgage. 
‘‘(ii) A loan procured in the course of 
purchasing a car or other personal prop-
erty, when that loan is offered for the ex-
press purpose of financing the purchase and 
is secured by the car or personal property 
procured.’’. 
(b) POLICY ON PREDATORY EXTENSION OF CREDIT 
THROUGH INSTALLMENT LOANS TARGETING MEMBERS OF 
THE ARMED FORCES AND DEPENDENTS.— 
(1) POLICY REQUIRED.—The Secretary of De-
fense shall, in consultation with the officials and enti-
ties specified in section 987(h)(3) of title 10, United 
States Code, prescribe a policy on the predatory ex-
245 
† HR 4310 EAS1S 
tension of credit through installment loans targeting 
members of the Armed Forces and their dependents. 
(2) OBJECTIVES.—The objectives of the policy re-
quired by paragraph (1) shall be as follows: 
(A) To enhance protections afforded mem-
bers of the Armed Forces and their dependents 
under section 987 of title 10, United States Code, 
by curbing continuing predatory lending prac-
tices targeting members of the Armed Forces and 
their dependents that are not currently regulated 
under that section. 
(B) To improve the financial literacy of 
members of the Armed Forces and their depend-
ents with respect to installment loans and other 
forms of credit not currently regulated under sec-
tion 987 of title 10, United States Code. 
(C) To make members of the Armed Forces 
and their dependents aware of other, more bene-
ficial sources of financial aid and credit services 
(such as those available through military relief 
societies) than installment loans. 
(D) If considered appropriate by the Sec-
retary of Defense, to provide, by regulation, for 
the coverage under section 987 of title 10, United 
States Code, of installment loans extended to
246 
† HR 4310 EAS1S 
members of the Armed Forces and dependents 
protected by that section. 
(c) EFFECTIVE DATE.— 
(1) MODIFICATION OF REGULATIONS.—The Sec-
retary of Defense shall modify the regulations pre-
scribed under section 987 of title 10, United States 
Code, to take into account the amendment made by 
subsection (a). 
(2) EFFECTIVE
DATE
OF
MODIFICATION
AND 
POLICY.—The amendment made by subsection (a), 
and the policy required by subsection (b), shall take 
effect on— 
(A) the date that is one year after the date 
of the enactment of this Act; or 
(B) such earlier date as the Secretary shall 
specify. 
(3) PUBLICATION OF EARLIER DATE.—If pursu-
ant to paragraph (2)(B) the Secretary specifies an 
earlier effective date for the amendment made by sub-
section (a) and the policy required by subsection (b), 
the Secretary shall publish notice of such earlier effec-
tive date in the Federal Register not later than 90 
days before such earlier effective date.
247 
† HR 4310 EAS1S 
SEC. 652. ADDITIONAL ENHANCEMENTS OF PROTECTIONS 
ON CONSUMER CREDIT FOR MEMBERS OF 
THE ARMED FORCES AND THEIR DEPEND-
ENTS. 
(a) PROTECTIONS AGAINST DIFFERENTIAL TREAT-
MENT ON CONSUMER CREDIT UNDER STATE LAW.—Sub-
section (d)(2) of section 987 of title 10, United States Code, 
is amended— 
(1) in subparagraph (A), by inserting ‘‘any con-
sumer credit or’’ before ‘‘loans’’; and 
(2) in subparagraph (B), by inserting ‘‘covering 
consumer credit’’ after ‘‘State consumer lending pro-
tections’’. 
(b) REGULAR CONSULTATIONS ON PROTECTIONS.— 
Subsection (h)(3) of such section is amended— 
(1) in the matter preceding subparagraph (A)— 
(A) by inserting ‘‘and not less often than 
once every two years thereafter,’’ after ‘‘under 
this subsection,’’; and 
(B) by inserting ‘‘appropriate Federal agen-
cies, including’’ before ‘‘the following’’; 
(2) by striking subparagraph (E); and 
(3) by redesignating subparagraphs (F) and (G) 
as subparagraphs (E) and (F), respectively. 
(c) EFFECTIVE DATE.—
248 
† HR 4310 EAS1S 
(1) MODIFICATION OF REGULATIONS.—The Sec-
retary of Defense shall modify the regulations pre-
scribed under section 987 of title 10, United States 
Code, to take into account the amendments made by 
subsection (a). 
(2) EFFECTIVE DATE.—The amendments made 
by subsection (a) shall take effect on— 
(A) the date that is one year after the date 
of the enactment of this Act; or 
(B) such earlier date as the Secretary shall 
specify in the modification of regulations re-
quired by paragraph (1). 
(3) PUBLICATION OF EARLIER DATE.—If the Sec-
retary specifies an earlier effective date for the 
amendments made by subsection (a) pursuant to 
paragraph (2)(B), the Secretary shall publish notice 
of such earlier effective date in the Federal Register 
not later than 90 days before such earlier effective 
date.
249 
† HR 4310 EAS1S 
SEC. 653. RELIEF IN CIVIL ACTIONS FOR VIOLATIONS OF 
PROTECTIONS ON CONSUMER CREDIT EX-
TENDED 
TO 
MEMBERS 
OF 
THE 
ARMED 
FORCES AND THEIR DEPENDENTS. 
(a) IN GENERAL.—Section 987(f) of title 10, United 
States Code, is amended by adding at the end the following 
new paragraph: 
‘‘(5) CIVIL LIABILITY.— 
‘‘(A) IN GENERAL.—A person who violates 
this section with respect to any person is civilly 
liable to such person for— 
‘‘(i) any actual damage sustained as a 
result, but not less than $500 for each viola-
tion; 
‘‘(ii) appropriate punitive damages; 
‘‘(iii) appropriate equitable or declara-
tory relief; 
‘‘(iv) any other relief provided by law; 
‘‘(v) in any successful action to enforce 
the foregoing liability, the costs of the ac-
tion, together with reasonable attorney fees 
as determined by the court; and 
‘‘(vi) in any successful action by a de-
fendant under this section, if the court finds 
the action was brought in bad faith and for 
the purpose of harassment, attorney fees of
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the defendant as determined by the court to 
be reasonable in relation to the work ex-
pended and costs incurred. 
‘‘(B) DEFENSES.—A person may not be 
held liable for civil liability under this para-
graph if the person shows by a preponderance of 
evidence that the violation was not intentional 
and resulted from a bona fide error notwith-
standing the maintenance of procedures reason-
ably adapted to avoid any such error. Examples 
of a bona fide error include clerical, calculation, 
computer malfunction and programming, and 
printing errors, except that an error of legal 
judgment with respect to a person’s obligations 
under this section is not a bona fide error. 
‘‘(C) JURISDICTION
AND
VENUE; LIMITA-
TION.—An action for civil liability under this 
paragraph may be brought in any appropriate 
United States district court, without regard to 
the amount in controversy, or in any other court 
of competent jurisdiction, not later than the ear-
lier or— 
‘‘(i) two years after the date of dis-
covery by the plaintiff of the violation that 
is the basis for such liability; or
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‘‘(ii) five years after the date on which 
the violation that is the basis for such li-
ability occurs.’’. 
(b) EFFECTIVE DATE.—The amendment made by this 
section and shall take effect on the date of the enactment 
of this Act, and shall apply with respect to consumer credit 
extended on or after that date. 
SEC. 654. MODIFICATION OF DEFINITION OF DEPENDENT 
FOR PURPOSES OF LIMITATIONS ON TERMS 
OF CONSUMER CREDIT EXTENDED TO MEM-
BERS OF THE ARMED FORCES AND THEIR DE-
PENDENTS. 
Paragraph (2) of section 987(i) of title 10, United 
States Code, is amended to read as follows: 
‘‘(2) DEPENDENT.—The term ‘dependent’, with 
respect to a covered member, has the meaning given 
that term in section 401(a) of title 37.’’. 
SEC. 655. ENFORCEMENT OF PROTECTIONS ON CONSUMER 
CREDIT 
FOR 
MEMBERS 
OF 
THE 
ARMED 
FORCES AND THEIR DEPENDENTS. 
Section 987(f) of title 10, United States Code, as 
amended by section 653 of this Act, is further amended by 
adding at the end the following new paragraph: 
‘‘(6) ENFORCEMENT.—The provisions of this sec-
tion (other than paragraph (1) of this subsection)
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shall be enforced by the agencies specified in section 
108 of the Truth in Lending Act (15 U.S.C. 1607) in 
the manner set forth in that section or as set forth 
under any other applicable authorities available to 
such agencies by law.’’. 
Subtitle F—Other Matters 
SEC. 661. TRANSITIONAL COMPENSATION FOR DEPENDENT 
CHILDREN WHO ARE CARRIED DURING PREG-
NANCY AT TIME OF DEPENDENT-ABUSE OF-
FENSE. 
(a) IN GENERAL.—Section 1059 of title 10, United 
States Code, is amended— 
(1) in subsection (f), by adding at the end the 
following new paragraph: 
‘‘(4) Payment to a child under this section shall not 
be paid for any period before the birth of the child.’’; and 
(2) in subsection (l), by striking ‘‘at the time of 
the dependent-abuse offense resulting in the separa-
tion of the former member’’ and inserting ‘‘or eligible 
spouse at the time of the dependent-abuse offense re-
sulting in the separation of the former member or who 
was carried during pregnancy at the time of the de-
pendent-abuse offense resulting in the separation of 
the former member and was subsequently born alive 
to the eligible spouse or former spouse’’.
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(b) PROSPECTIVE APPLICABILITY.—No benefits shall 
accrue by reason of the amendments made by this section 
for any month that begins before the date of the enactment 
of this Act. 
SEC. 662. REPORT ON ISSUANCE BY ARMED FORCES MED-
ICAL EXAMINER OF DEATH CERTIFICATES 
FOR MEMBERS OF THE ARMED FORCES WHO 
DIE ON ACTIVE DUTY ABROAD. 
(a) REPORT REQUIRED.—Not later than 120 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense commit-
tees a report on the issuance by the Armed Forces Medical 
Examiner of death certificates for members of the Armed 
Forces who die on active duty abroad, including mecha-
nisms for reducing or ameliorating delays in the issuance 
of such death certificates. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include the following: 
(1) A description of the process used by the 
Armed Forces Medical Examiner to issue a death cer-
tificate for members of the Armed Forces who die on 
active duty abroad, including an explanation for any 
current delays in the issuance of such death certifi-
cates.
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(2) A description of the average amount of time 
taken by the Armed Forces Medical Examiner to issue 
such death certificates. 
(3) An assessment of the feasibility and advis-
ability of issuing temporary death certificates for 
members of the Armed Forces who die on active duty 
abroad in order to provide necessary documentation 
for survivors. 
(4) A description of the actions required to en-
able the Armed Forces Medical Examiner to issue a 
death certificate for a member of the Armed Forces 
who dies on active duty abroad not later than seven 
days after the return of the remains of the member to 
the United States. 
(5) Such other recommendations for legislative or 
administrative action as the Secretary considers ap-
propriate to provide for the issuance by the Armed 
Forces Medical Examiner of a death certificate for 
members of the Armed Forces who die on active duty 
abroad not later than seven days after the return of 
the remains of such members to the United States.
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TITLE VII—HEALTH CARE 
PROVISIONS 
Subtitle A—TRICARE Program 
SEC. 701. EXTENSION OF TRICARE STANDARD COVERAGE 
AND TRICARE DENTAL PROGRAM FOR MEM-
BERS OF THE SELECTED RESERVE WHO ARE 
INVOLUNTARILY SEPARATED. 
(a) EXTENSION
OF
TRICARE STANDARD
COV-
ERAGE.—Section 1076d(b) of title 10, United States Code, 
is amended— 
(1) by striking ‘‘Eligibility’’ and inserting ‘‘(1) 
Except as provided in paragraph (2), eligibility’’; 
and 
(2) by adding at the end the following new para-
graph: 
‘‘(2) Eligibility for a member under this section who 
is involuntarily separated from the Selected Reserve under 
other than adverse conditions, as characterized by the Sec-
retary concerned, shall terminate 180 days after the date 
on which the member is separated.’’. 
(b) EXTENSION OF TRICARE DENTAL PROGRAM COV-
ERAGE.—Section 1076a(a)(1) of such title is amended by 
adding at the end the following new sentence: ‘‘Such plan 
shall provide that coverage for a member of the Selected Re-
serve who is involuntarily separated from the Selected Re-
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serve under other than adverse conditions, as characterized 
by the Secretary concerned, shall terminate not earlier than 
180 days after the date on which the member is separated.’’. 
SEC. 702. INCLUSION OF CERTAIN OVER-THE-COUNTER 
DRUGS IN TRICARE UNIFORM FORMULARY. 
(a) INCLUSION.—Subsection (a)(2) of section 1074g of 
title 10, United States Code, is amended— 
(1) in subparagraph (D), by striking ‘‘No phar-
maceutical agent may be excluded’’ and inserting 
‘‘Except as provided in subparagraph (F), no phar-
maceutical agent may be excluded’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(F)(i) The Secretary may implement procedures to 
place selected over-the-counter drugs on the uniform for-
mulary and to make such drugs available to eligible covered 
beneficiaries. An over-the-counter drug may be included on 
the uniform formulary only if the Pharmacy and Thera-
peutics Committee established under subsection (b) finds 
that the over-the-counter drug is cost-effective and clinically 
effective. If the Pharmacy and Therapeutics Committee rec-
ommends an over-the-counter drug for inclusion on the uni-
form formulary, the drug shall be considered to be in the 
same therapeutic class of pharmaceutical agents, as deter-
mined by the Committee, as similar prescription drugs.
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‘‘(ii) Regulations prescribed by the Secretary to carry 
out clause (i) shall include the following with respect to 
over-the-counter drugs included on the uniform formulary: 
‘‘(I) A determination of the means and condi-
tions under paragraphs (5) and (6) of this subsection 
through which over-the-counter drugs will be available 
to eligible covered beneficiaries and the amount of cost 
sharing that such beneficiaries will be required to pay 
for over-the-counter drugs, except that no such cost 
sharing may be required for a member of a uniformed 
service on active duty. 
‘‘(II) Any terms and conditions for the dis-
pensing of over-the-counter drugs to eligible covered 
beneficiaries.’’. 
(b) DEFINITIONS.—Subsection (g) of such section is 
amended by adding at the end the following new para-
graphs: 
‘‘(3) The term ‘over-the-counter drug’ means a 
drug that is not subject to section 503(b) of the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 
353(b)). 
‘‘(4) The term ‘prescription drug’ means a drug 
that is subject to section 503(b) of the Federal Food, 
Drug, and Cosmetic Act (21 U.S.C. 353(b)).’’. 
(c) TECHNICAL AMENDMENTS.—
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(1) 
CROSS-REFERENCE
AMENDMENTS.—Sub-
sections (a)(6)(A) and (b)(1) of such section are 
amended by striking ‘‘subsection (g)’’ and inserting 
‘‘subsection (h)’’. 
(2) REPEAL OF OBSOLETE PROVISIONS.— 
(A) Subsection (a)(2)(D) of such section is 
amended by striking the last sentence. 
(B) Subsection (b)(2) of such section is 
amended by striking ‘‘Not later than’’ and all 
the follows through ‘‘such 90-day period, the 
committee’’ and inserting ‘‘The committee’’. 
(C) Subsection (d)(2) of such section is 
amended— 
(i) by striking ‘‘Effective not later than 
April 5, 2000, the Secretary’’ and inserting 
‘‘The Secretary’’; and 
(ii) by striking ‘‘the current managed 
care support contracts’’ and inserting ‘‘the 
managed care support contracts current as 
of October 5, 1999,’’. 
SEC. 703. EXPANSION OF EVALUATION OF THE EFFECTIVE-
NESS OF THE TRICARE PROGRAM. 
Section 717(a)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 1996 (Public Law 106–104; 110 
Stat. 376; 10 U.S.C. 1073 note) is amended by striking
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‘‘military retirees’’ and inserting ‘‘members of the Armed 
Forces (whether in the regular or reserve components) and 
their dependents, military retirees and their dependents, de-
pendent children under the age of 21, and dependents of 
members on active duty with severe disabilities and chronic 
health care needs’’. 
SEC. 704. REPORT ON THE FUTURE AVAILABILITY OF 
TRICARE PRIME THROUGHOUT THE UNITED 
STATES. 
(a) REPORT REQUIRED.—Not later than 120 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a report 
setting forth the policy of the Department of Defense on the 
future availability of TRICARE Prime under the 
TRICARE program for eligible beneficiaries in all 
TRICARE regions throughout the United States. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include the following: 
(1) A description, by region, of the difference in 
availability of TRICARE Prime for eligible bene-
ficiaries (other than eligible beneficiaries on active 
duty in the Armed Forces) under newly-awarded 
TRICARE managed care contracts, including, in 
particular, an identification of the regions or areas in
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which TRICARE Prime will no longer be available 
for such beneficiaries under such contracts. 
(2) A description of the transition and outreach 
plans for eligible beneficiaries described in paragraph 
(1) who will no longer have access to TRICARE 
Prime under the contracts described in that para-
graph. 
(3) An estimate of the increased costs to be in-
curred for healthcare under the TRICARE program 
for eligible beneficiaries described in paragraph (2). 
(4) An estimate of the saving to be achieved by 
the Department as a result of the contracts described 
in paragraph (1). 
(5) A description of the plans of the Department 
to continue to assess the impact on access to 
healthcare for eligible beneficiaries described in para-
graph (2). 
SEC. 705. CERTAIN TREATMENT OF DEVELOPMENTAL DIS-
ABILITIES, INCLUDING AUTISM, UNDER THE 
TRICARE PROGRAM. 
(a) CERTAIN TREATMENT OF AUTISM.— 
(1) IN GENERAL.—Chapter 55 of title 10, United 
States Code, is amended by inserting after section 
1077 the following new section:
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‘‘§ 1077a. Treatment of autism under the TRICARE 
program 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(c), for purposes of providing health care services under this 
chapter, the treatment of developmental disabilities (42 
U.S.C. 15002(8)), including autism spectrum disorders, 
shall include behavioral health treatment, including applied 
behavior analysis, when prescribed by a physician. 
‘‘(b) REQUIREMENTS IN PROVISION OF SERVICES.—In 
carrying out subsection (a), the Secretary of Defense shall 
ensure that— 
‘‘(1) except as provided by paragraph (2), a per-
son who is authorized to provide behavioral health 
treatment is licensed or certified by a State or accred-
ited national certification board; and 
‘‘(2) if applied behavior analysis or other behav-
ioral health treatment is provided by an employee or 
contractor of a person described in paragraph (1), the 
employee or contractor shall meet minimum quali-
fications, training, and supervision requirements as 
set forth by the Secretary who shall ensure that cov-
ered beneficiaries have appropriate access to care in 
accordance with best practice guidelines. 
‘‘(c) EXCLUSIONS.—Subsection (a) shall not apply to 
the following:
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‘‘(1) Covered beneficiaries under this chapter 
who are entitled to hospital insurance benefits under 
part A of title XVIII of the Social Security Act. 
‘‘(2) Covered beneficiaries under this chapter 
who are former members, dependents of former mem-
bers, or survivors of any uniformed service not under 
the jurisdiction of the Department of Defense. 
‘‘(d) CONSTRUCTION WITH OTHER BENEFITS.—(1) 
Nothing in this section shall be construed as limiting or 
otherwise affecting the benefits otherwise provided under 
this chapter to a covered beneficiary who is a beneficiary 
by virtue of— 
‘‘(A) service in the Coast Guard, the Commis-
sioned Corp of the National Oceanic and Atmospheric 
Administration, or the Commissioned Corp of the 
Public Health Service; or 
‘‘(B) being a dependent of a member of a service 
described in subparagraph (A). 
‘‘(2) Nothing in this section shall be construed as lim-
iting or otherwise affecting the benefits provided to a medi-
care-eligible beneficiary under— 
‘‘(A) this chapter; 
‘‘(B) part A of title XVIII of the Social Security 
Act (42 U.S.C. 1395c et seq.); or 
‘‘(C) any other law.’’.
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(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 55 of such title is 
amended by inserting after the item relating to sec-
tion 1077 the following new item: 
‘‘1077a. Treatment of autism under the TRICARE program.’’. 
(b) FUNDING.— 
(1) INCREASE.—The amount authorized to be 
appropriated for fiscal year 2013 by section 1406 and 
available for the Defense Health Program for Private 
Sector Care as specified in the funding table in sec-
tion 4501 is hereby increased by $45,000,000, with 
the amount of the increase to be available for the pro-
vision of care in accordance with section 1077a of 
title 10, United States Code (as added by subsection 
(a)). 
(2) OFFSET.—The amount authorized to be ap-
propriated for fiscal year 2013 by section 301 for Op-
eration and Maintenance and available as specified 
in the funding table in section 4301 is hereby reduced 
by $45,000,000. 
SEC. 706. SENSE OF CONGRESS ON HEALTH CARE FOR RE-
TIRED MEMBERS OF THE UNIFORMED SERV-
ICES. 
It is the sense of Congress that— 
(1) members of the uniformed services and their 
families endure unique and extraordinary demands
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† HR 4310 EAS1S 
and make extraordinary sacrifices over the course of 
20 to 30 years of service in protecting freedom for all 
Americans, as do those who have been medically re-
tired due to the hardships of military service; and 
(2) access to quality health care services is an 
earned benefit during retirement in acknowledgment 
of their contributions of service and sacrifice. 
Subtitle B—Other Health Care 
Benefits 
SEC. 711. USE OF DEPARTMENT OF DEFENSE FUNDS FOR 
ABORTIONS IN CASES OF RAPE AND INCEST. 
Section 1093(a) of title 10, United States Code, is 
amended by inserting before the period at the end the fol-
lowing: ‘‘or in a case in which the pregnancy is the result 
of an act of rape or incest’’. 
SEC. 712. AVAILABILITY OF CERTAIN FERTILITY PRESERVA-
TION TREATMENTS FOR MEMBERS OF THE 
ARMED FORCES ON ACTIVE DUTY. 
(a) IN GENERAL.—Subsection (a) of section 1074d of 
title 10, United States Code, is amended by adding at the 
end the following new paragraph: 
‘‘(3)(A) Members of the armed forces entitled to med-
ical care under section 1074(a) of this title who have been 
diagnosed with a condition for which the recommended 
course of treatment is recognized by a licensed physician
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† HR 4310 EAS1S 
and surgeon or other appropriate medical practitioner as 
a cause of iatrogenic infertility shall also be entitled to fer-
tility preservation treatment as a part of such medical care. 
‘‘(B) If the fertility preservation treatment to which 
a member is entitled under this paragraph is not available 
through a facility of the uniformed services accessible to the 
member, such treatment shall be provided to the member 
through another appropriate mechanism under this chapter, 
including through the TRICARE program.’’. 
(b) DEFINITIONS RELATING TO FERTILITY PRESERVA-
TION TREATMENT.—Such section is further amended— 
(1) in subsection (b), by striking the subsection 
heading and inserting ‘‘DEFINITION RELATING
TO 
PRIMARY AND PREVENTIVE HEALTH CARE SERVICES 
FOR WOMEN’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) DEFINITIONS RELATING TO FERTILITY PRESER-
VATION TREATMENT.—In this section: 
‘‘(1) The term ‘fertility preservation treatment’ 
includes— 
‘‘(A) procedures consistent with established 
medical practices in the prevention or treatment 
of iatrogenic infertility by licensed physicians 
and surgeons or other appropriate medical prac-
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† HR 4310 EAS1S 
titioners, including diagnosis, diagnostic tests, 
medication, or surgery; and 
‘‘(B) any other procedure identified by the 
Secretary of Defense that is intended to promote 
the future fertility of an individual who has been 
diagnosed with a condition for which the rec-
ommended course of treatment is recognized by a 
licensed physician and surgeon or other appro-
priate medical practitioner as a cause of iatro-
genic infertility. 
‘‘(2) The term ‘iatrogenic infertility’ means the 
current or future diminished ability, or the inability 
of an individual to conceive or contribute to concep-
tion as a consequence of medical treatment.’’. 
SEC. 713. MODIFICATION OF REQUIREMENTS ON MENTAL 
HEALTH ASSESSMENTS FOR MEMBERS OF 
THE ARMED FORCES DEPLOYED IN CONNEC-
TION WITH A CONTINGENCY OPERATION. 
(a) TIMING OF MENTAL HEALTH ASSESSMENTS.— 
Paragraph (1)(C)(i) of section 1074m(a) of title 10, United 
States Code, is amended by striking ‘‘one year’’ and insert-
ing ‘‘18 months’’. 
(b) EXCLUSION OF CERTAIN MEMBERS.—Paragraph 
(2) of such section is amended—
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(1) by striking ‘‘subparagraph (B) and (C) of’’; 
and 
(2) by striking ‘‘determines that—’’ and all that 
follows and inserting ‘‘determines— 
‘‘(A) in the case of an assessment otherwise re-
quired under subparagraph (A) of that paragraph, 
that the member will not be subjected or exposed to 
operational risk factors during deployment in the 
contingency operation concerned; 
‘‘(B) in the case of an assessment otherwise re-
quired under subparagraph (B) or (C) of that para-
graph, that the member was not subjected or exposed 
to operational risk factors during deployment in the 
contingency operation concerned; or 
‘‘(C) in the case of any assessment otherwise re-
quired under that paragraph, that providing such as-
sessment to the member during the otherwise applica-
ble time period under such paragraph would remove 
the member from forward deployment or would put 
members or operational objectives at risk.’’.
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Subtitle C—Health Care 
Administration 
SEC. 721. CLARIFICATION OF APPLICABILITY OF CERTAIN 
AUTHORITY AND REQUIREMENTS TO SUB-
CONTRACTORS 
EMPLOYED 
TO 
PROVIDE 
HEALTH CARE SERVICES TO THE DEPART-
MENT OF DEFENSE. 
(a) APPLICABILITY OF FEDERAL TORT CLAIMS ACT TO 
SUBCONTRACTORS.—Section 1089(a) of title 10, United 
States Code, is amended in the last sentence— 
(1) by striking ‘‘if the physician, dentist, nurse, 
pharmacist, or paramedical’’ and inserting ‘‘to such 
a physician, dentist, nurse, pharmacist, or para-
medical’’; 
(2) by striking ‘‘involved is’’; and 
(3) by inserting before the period at the end the 
following: ‘‘or a subcontract at any tier under such 
a contract that is authorized in accordance with the 
requirements of such section 1091’’. 
(b) APPLICABILITY
OF PERSONAL SERVICES CON-
TRACTING
AUTHORITY
TO
SUBCONTRACTORS.—Section 
1091(c) of such title is amended by adding at the end the 
following new paragraph: 
‘‘(3) The procedures established under paragraph (1) 
may provide for a contracting officer to authorize a con-
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† HR 4310 EAS1S 
tractor to enter into a subcontract for personal services on 
behalf of the agency upon a determination that the sub-
contract is— 
‘‘(A) consistent with the requirements of this sec-
tion and the procedures established under paragraph 
(1); and 
‘‘(B) in the best interests of the agency.’’. 
SEC. 722. RESEARCH PROGRAM TO ENHANCE DEPARTMENT 
OF DEFENSE EFFORTS ON MENTAL HEALTH 
IN THE NATIONAL GUARD AND RESERVES 
THROUGH COMMUNITY PARTNERSHIPS. 
(a) RESEARCH PROGRAM AUTHORIZED.—The Sec-
retary of Defense may carry out a research program to as-
sess the feasibility and advisability of enhancing the efforts 
of the Department of Defense in research, treatment, edu-
cation, and outreach on mental health and substance use 
disorders and Traumatic Brain Injury (TBI) in members 
of the National Guard and Reserves, their family members, 
and their caregivers. 
(b) AGREEMENTS WITH COMMUNITY PARTNERS.—In 
carrying out the research program authorized by subsection 
(a), the Secretary may enter into partnership agreements 
with community partners described in subsection (c) using 
a competitive and merit-based award process.
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† HR 4310 EAS1S 
(c) COMMUNITY PARTNERS DESCRIBED.—A commu-
nity partner described in this subsection is a private non-
profit organization or institution (or multiple organiza-
tions and institutions) that— 
(1) engages in the research activities described in 
subsection (d); and 
(2) meets such qualifications for treatment as a 
community partner as the Secretary shall establish 
for purposes of the research program. 
(d) ACTIVITIES.—Partnerships entered into under the 
research program shall be used to engage in research on the 
causes, development, and innovative treatment of mental 
health and substance use disorders and Traumatic Brain 
Injury in members of the National Guard and Reserves, 
their family members, and their caregivers. 
(e) REPORT.—Not later than five years after the com-
mencement of the research program, the Secretary shall sub-
mit to the Committees on Armed Services of the Senate and 
the House of Representatives a report on the research pro-
gram, including a description of the research program, the 
community partners participating in the research program, 
the activities carried out, the number of members of the Na-
tional Guard and Reserves, family members, and caregivers 
supported by community partners, and a description and
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assessment of the effectiveness and achievements of the re-
search program. 
Subtitle D—Reports and Other 
Matters 
SEC. 731. REPORTS ON PERFORMANCE DATA ON WARRIORS 
IN TRANSITION PROGRAMS. 
(a) REPORTS.—Not later than 180 days after the date 
of the enactment of this Act, and every 180 days thereafter, 
each Secretary of a military department shall submit to 
Congress a report on data on the performance of the mili-
tary department in addressing the care, management and 
transition needs of members of the Armed Forces under the 
jurisdiction of such Secretary who participate in a War-
riors in Transition program under the jurisdiction of such 
Secretary with respect to the following: 
(1) Physical health. 
(2) Mental and behavioral health. 
(3) Educational and vocational aptitude and ca-
pabilities. 
(4) Such other matters as such Secretary con-
siders appropriate. 
(b) COMMON METHODOLOGY.—The Secretaries shall 
report not fewer than five outcome measures for each of the 
areas set forth in subsection (a) using a common method-
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ology developed by the Secretaries and approved by the Sec-
retary of Defense for purposes of this section. 
(c) LONGITUDINAL DATA.—The occasions for collecting 
data on a member participating in a Warriors in Transi-
tion program for purposes of reports under subsection (a) 
shall be as follows: 
(1) When the member commences participation 
in the program. 
(2) At least once each year the member partici-
pates in the program. 
(3) When the member ceases participation in the 
program (whether for return to military duty or to 
civilian life). 
(4) With the consent of the member, one year 
after the member ceases participation in the program 
as described in paragraph (3). 
(d) ELEMENTS.—Each report under subsection (a) 
shall include an assessment by the Secretary of the military 
department concerned of the following with respect to the 
Warriors in Transition programs covered by such report: 
(1) The progress of members participating in the 
Warriors in Transition programs in the areas speci-
fied in subsection (a).
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(2) The efficacy of the Warriors in Transition 
programs in facilitating the transition of members to 
military duty or civilian life, as applicable. 
(3) The differences in outcomes in the Warriors 
in Transition programs, by location, type, Armed 
Force, component, and types of wounds, injuries, or 
conditions of program participants. 
(4) The percentage of members participating in 
the Warriors in Transition programs who receive care 
under such programs from assigned providers, includ-
ing medical care case managers, non-medical service 
providers (including non-medical case managers, legal 
support personnel, and, as applicable, Physical Eval-
uation Board Liaison Officers), mental health care 
providers, and medical evaluation (MEB) physicians 
whose caseload exceeds the caseload ratio that has 
been designated as adequate by the Secretary of De-
fense. 
(5) The percentage of members participating in 
the Warriors in Transition programs for whom the 
intervals between various phases in the transition 
process exceeds the average length of such intervals, 
including intervals relating to appointment times for 
specialists and for treatment for Post-Traumatic 
Stress Disorder (PTSD).
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(6) Such other measurements of outcomes or 
progress of members through the Warriors in Transi-
tion programs as such Secretary considers appro-
priate. 
(e) PERSONALLY IDENTIFIABLE INFORMATION.—Data 
collected under this section shall be treated in compliance 
with the provisions of section 552a of title 5, United States 
Code (commonly referred to as the ‘‘Privacy Act’’). 
(f) SUNSET.—No report is required under this section 
after September 30, 2017. 
(g) WARRIORS IN TRANSITION PROGRAM DEFINED.— 
In this section, the term ‘‘Warriors in Transition program’’ 
means any major support program of the Armed Forces for 
members of the Armed Forces with severe wounds, illnesses, 
or injuries that is intended to provide such members with 
non-medical case management service and care coordina-
tion services, and includes the programs as follows: 
(1) Warrior Transition Units and the Wounded 
Warrior Program of the Army. 
(2) The Safe Harbor program of the Navy. 
(3) The Wounded Warrior Regiment of the Ma-
rine Corps. 
(4) The Recovery Care Program and the Wound-
ed Warrior programs of the Air Force.
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(5) The Care Coalition of the United States Spe-
cial Operations Command. 
SEC. 732. REPORT ON DEPARTMENT OF DEFENSE SUPPORT 
OF MEMBERS OF THE ARMED FORCES WHO 
EXPERIENCE TRAUMATIC INJURY AS A RE-
SULT OF VACCINATIONS REQUIRED BY THE 
DEPARTMENT. 
(a) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall, 
in consultation with the Secretaries of the military depart-
ments, submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report setting 
forth the results of a comprehensive review (conducted for 
purposes of the report) of the adequacy and effectiveness of 
the policies, procedures, and systems of the Department of 
Defense in providing support to members of the Armed 
Forces who experience traumatic injury as a result of a vac-
cination required by the Department. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include the following: 
(1) The number and nature of traumatic injuries 
incurred by members of the Armed Forces as a result 
of a vaccination required by the Department of De-
fense each year since January 1, 2001, set forth by
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aggregate in each year and by military department 
in each year. 
(2) Such recommendations as the Secretary of 
Defense considers appropriate for improvements to the 
policies, procedures, and systems (including tracking 
systems) of the Department to identify members of the 
Armed Forces who experience traumatic injury as a 
result of a vaccination required by the Department. 
(3) Such recommendations as the Secretary of 
Defense considers appropriate for improvements to the 
policies, procedures, and systems of the Department to 
support members of the Armed Forces who experience 
traumatic injury as a result of a vaccination required 
by the Department. 
SEC. 733. PLAN TO ELIMINATE GAPS AND REDUNDANCIES 
IN PROGRAMS OF THE DEPARTMENT OF DE-
FENSE ON PSYCHOLOGICAL HEALTH AND 
TRAUMATIC BRAIN INJURY AMONG MEMBERS 
OF THE ARMED FORCES. 
(a) PLAN REQUIRED.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representa-
tives a plan to streamline the programs of the Depart-
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ment of Defense that address psychological health and 
traumatic brain injury among members of the Armed 
Forces. 
(2) ELEMENTS.—The report required by para-
graph (1) shall include the following: 
(A) A complete list of the programs de-
scribed in paragraph (1), including a detailed 
description of the intended function of each such 
program. 
(B) An identification of any gaps in serv-
ices and treatments in the programs listed under 
subparagraph (A) 
(C) An identification of any redundancies 
in the programs listed under subparagraph (A). 
(D) A plan for mitigating the gaps identi-
fied under subparagraph (B) and for elimi-
nating the redundancies identified under sub-
paragraph (C). 
(E) An identification of the individual in 
the Department who will be responsible for lead-
ing implementation of the plan required by 
paragraph (1). 
(F) A schedule for the implementation of the 
plan.
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(b) STATUS REPORT.—Not later than one year after 
the date of the enactment of this Act, the Secretary shall 
submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report on the status of 
the implementation of the plan required by subsection (a). 
SEC. 734. REPORT ON IMPLEMENTATION OF RECOMMENDA-
TIONS OF THE COMPTROLLER GENERAL OF 
THE UNITED STATES ON PREVENTION OF 
HEARING LOSS AMONG MEMBERS OF THE 
ARMED FORCES. 
Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the House 
of Representatives a report on the implementation of the 
recommendations of the Comptroller General of the United 
States in the January 2011 report of the Comptroller Gen-
eral entitled ‘‘Hearing Loss Prevention: Improvements to 
DOD Hearing Conservation Programs Could Lead to Better 
Outcomes’’ that address prevention of hearing loss, abate-
ment of hearing loss, data collection regarding hearing loss, 
and the need for a new interagency data sharing system 
so that sufficient information is available to address and 
track hearing injuries and loss.
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SEC. 735. SENSE OF SENATE ON MENTAL HEALTH COUN-
SELORS 
FOR 
MEMBERS 
OF 
THE 
ARMED 
FORCES, VETERANS, AND THEIR FAMILIES. 
It is the sense of the Senate that— 
(1) the Secretary of Defense and the Secretary of 
Veterans Affairs should develop a plan to ensure a 
sustainable flow of qualified counselors to meet the 
long-term needs of members of the Armed Forces, vet-
erans, and their families for counselors; and 
(2) the plan should include the participation of 
accredited schools and universities, health care pro-
viders, professional counselors, family service or sup-
port centers, chaplains, and other appropriate re-
sources of the Department of Defense and the Depart-
ment of Veterans Affairs. 
SEC. 736. PRESCRIPTION DRUG TAKE-BACK PROGRAM FOR 
MEMBERS 
OF 
THE 
ARMED 
FORCES 
AND 
THEIR DEPENDENTS. 
(a) PROGRAM REQUIRED.—The Secretary of Defense 
and the Attorney General shall jointly carry out a program 
(commonly referred to as a ‘‘prescription drug take-back 
program’’) under which members of the Armed Forces and 
dependents of members of the Armed Forces may deliver 
controlled substances to such facilities as may be jointly de-
termined by the Secretary of Defense and the Attorney Gen-
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eral to be disposed of in accordance with section 302(g) of 
the Controlled Substances Act (21 U.S.C. 822(g)). 
(b) PROGRAM ELEMENTS.—The program required by 
subsection (a) shall provide for the following: 
(1) The delivery of controlled substances under 
the program to such members of the Armed Forces, 
medical professionals, and other employees of the De-
partment of Defense, and to such other acceptance 
mechanisms, as the Secretary and the Attorney Gen-
eral jointly specify for purposes of the program. 
(2) Appropriate guidelines and procedures to 
prevent the diversion, misuse, theft, or loss of con-
trolled substances delivered under the program. 
Subtitle E—Mental Health Care 
Matters 
SEC. 751. ENHANCEMENT OF OVERSIGHT AND MANAGE-
MENT OF DEPARTMENT OF DEFENSE SUICIDE 
PREVENTION AND RESILIENCE PROGRAMS. 
(a) IN GENERAL.—The Secretary of Defense shall, act-
ing through the Under Secretary of Defense for Personnel 
and Readiness, establish within the Office of the Secretary 
of Defense a position with responsibility for oversight and 
management of all suicide prevention and resilience pro-
grams and all preventative behavioral health programs of
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the Department of Defense (including those of the military 
departments and the Armed Forces). 
(b) SCOPE
OF RESPONSIBILITIES.—The individual 
serving in the position established pursuant to subsection 
(a) shall have the responsibilities as follows: 
(1) To establish a uniform definition of resil-
iency for use in the suicide prevention and resilience 
programs and preventative behavioral health pro-
grams of the Department of Defense (including those 
of the military departments and the Armed Forces). 
(2) In consultation with the National Center for 
Post Traumatic Stress Disorder of the Department of 
Veterans Affairs and other appropriate public and 
private agencies and entities, to require the use of 
clinical best practices in mental health care, suicide 
prevention programs, and resilience programs of the 
Department of Defense, including the diagnosis and 
treatment of behavioral health disorders. 
(3) To oversee and manage the comprehensive 
program on the prevention of suicide among members 
of the Armed Forces required by section 752.
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SEC. 752. COMPREHENSIVE PROGRAM ON PREVENTION OF 
SUICIDE AMONG MEMBERS OF THE ARMED 
FORCES. 
(a) COMPREHENSIVE PROGRAM REQUIRED.—The Sec-
retary of Defense shall, acting through the Under Secretary 
of Defense for Personnel and Readiness, develop and imple-
ment within the Department of Defense a comprehensive 
program on the prevention of suicide among members of 
the Armed Forces. In developing the program, the Secretary 
shall consider recommendations from the operational ele-
ments of the Armed Forces regarding the feasibility of the 
implementation and execution of particular elements of the 
program. 
(b) ELEMENTS.—The comprehensive program required 
by subsection (a) shall include elements to achieve the fol-
lowing: 
(1) To raise awareness among members of the 
Armed Forces about mental health conditions and the 
stigma associated with mental health conditions and 
mental health care. 
(2) To provide members of the Armed Forces 
generally, members of the Armed Forces in super-
visory positions (including officers in command bil-
lets and non-commissioned officers), and medical per-
sonnel of the Armed Forces and the Department of 
Defense with effective means of identifying members
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of the Armed Forces who are at risk for suicide (in-
cluding enhanced means for early identification and 
treatment of such members). 
(3) To provide members of the Armed Forces who 
are at risk of suicide with continuous access to suicide 
prevention services, including suicide crisis services. 
(4) To evaluate and assess the effectiveness of the 
suicide prevention and resilience programs and pre-
ventative behavioral health programs of the Depart-
ment of Defense (including those of the military de-
partments and the Armed Forces), including the de-
velopment of metrics for that purpose. 
(5) To evaluate and assess the current diagnostic 
tools and treatment methods in the programs referred 
to in paragraph (4) in order to ensure clinical best 
practices are used in such programs. 
(6) To ensure that the programs referred to in 
paragraph (4) incorporate evidenced-based practices 
when available. 
(7) To provide for the training of mental health 
care providers on evidence-based therapies in connec-
tion with suicide prevention. 
(8) To establish training standards for behav-
ioral health care providers in order to ensure that 
such providers receive training on clinical best prac-
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tices and evidence-based treatments as information on 
such practices and treatments becomes available, and 
to ensure such standards are met. 
(9) To provide for the integration of mental 
health screenings and suicide risk and prevention for 
members of the Armed Forces into the delivery of pri-
mary care for such members. 
(10) To ensure appropriate responses to at-
tempted or completed suicides among members of the 
Armed Forces, including guidance and training to as-
sist commanders in addressing incidents of attempted 
or completed suicide within their units. 
(11) To ensure the protection of the privacy of 
members of the Armed Forces seeking or receiving 
treatment relating to suicide. 
(12) Such other matters as the Secretary of De-
fense considers appropriate in connection with the 
prevention of suicide among members of the Armed 
Forces. 
(c) CONSULTATION.—In developing and implementing 
the comprehensive program required by subsection (a), the 
Under Secretary shall consult with appropriate officials 
and elements of the Department of Defense, appropriate 
centers of excellence within the Department of Defense, and
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other public and private entities with expertise in mental 
health and suicide prevention. 
(d) IMPLEMENTATION BY THE ARMED FORCES.—In 
implementing the comprehensive program required by sub-
section (a) with respect to an Armed Force, the Secretary 
of the military department concerned may, in consultation 
with the Under Secretary and with the approval of the Sec-
retary of Defense, modify particular elements of the pro-
gram in order to adapt the program appropriately to the 
unique culture and elements of that Armed Force. 
(e) QUALITY ASSURANCE.—In developing and imple-
menting the comprehensive program required by subsection 
(a), the Under Secretary shall develop and implement ap-
propriate mechanisms to provide for the oversight and man-
agement of the program, including quality measures to as-
sess the efficacy of the program in preventing suicide among 
members of the Armed Forces. 
SEC. 753. QUALITY REVIEW OF MEDICAL EVALUATION 
BOARDS, PHYSICAL EVALUATION BOARDS, 
AND PHYSICAL EVALUATION BOARD LIAISON 
OFFICERS. 
(a) IN GENERAL.—The Secretary of Defense shall 
standardize, assess, and monitor the quality assurance pro-
grams of the military departments to evaluate the following
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in the performance of their duties (including duties under 
chapter 61 of title 10, United States Code): 
(1) Medical Evaluation Boards (MEBs). 
(2) Physical Evaluation Boards (PEBs). 
(3) Physical Evaluation Board Liaison Officers 
(PEBLOs). 
(b) OBJECTIVES.—The objectives of the quality assur-
ance program shall be as follows: 
(1) To ensure accuracy and consistency in the 
determinations and decisions of Medical Evaluation 
Boards and Physical Evaluation Boards. 
(2) To otherwise monitor and sustain proper 
performance of the duties of Medical Evaluation 
Boards and Physical Evaluation Boards, and of 
Physical Evaluation Board Liaison Officers. 
(3) Such other objectives as the Secretary shall 
specify for purposes of the quality assurance program. 
(c) REPORTS.— 
(1) REPORT
ON
IMPLEMENTATION.—Not later 
than 180 days after the date of the enactment of this 
Act, the Secretary shall submit to the appropriate 
committees of Congress a report setting forth the plan 
of the Secretary for the implementation of the require-
ments of this section.
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(2) ANNUAL REPORTS.—Not later than one year 
after the date of the submittal of the report required 
by paragraph (1), and annually thereafter for the 
next four years, the Secretary shall submit to the ap-
propriate committees of Congress a report setting 
forth an assessment of the implementation of the re-
quirements of this section during the one-year period 
ending on the date of the report under this para-
graph. Each report shall include, in particular, an 
assessment of the extent to which the quality assur-
ance program under the requirements of this section 
meets the objectives specified in subsection (b). 
(3) APPROPRIATE
COMMITTEES
OF
CONGRESS 
DEFINED.—In this subsection, the term ‘‘appropriate 
committees of Congress’’ means— 
(A) the Committee on Armed Services and 
the Committee on Veterans’ Affairs of the Senate; 
and 
(B) the Committee on Armed Services and 
the Committee on Veterans’ Affairs of the House 
of Representatives.
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SEC. 754. ASSESSMENT OF ADEQUACY OF MENTAL HEALTH 
CARE BENEFITS UNDER THE TRICARE PRO-
GRAM. 
(a) INDEPENDENT
ASSESSMENT
REQUIRED.—Not 
later than 180 days after the date of the enactment of this 
Act, the Secretary of Defense shall, in consultation with the 
Secretary of Health and Human Services, enter into a con-
tract with an appropriate independent entity to assess 
whether the mental health care benefits available for mem-
bers of the Armed Forces and other covered beneficiaries 
under the TRICARE program are adequate to meet the 
needs of such members and beneficiaries for mental health 
care. 
(b) REPORT.—The contract required by subsection (a) 
shall require the entity conducting the assessment required 
by the contract to submit to the Secretary of Defense, and 
to the congressional defense committees, a report setting 
forth the results of the assessment by not later than 180 
days after the date of entry into the contract. If the entity 
determines pursuant to the assessment that the mental 
health care benefits available for members of the Armed 
Forces and other covered beneficiaries under the TRICARE 
program are not adequate to meet the needs of such members 
and beneficiaries for mental health care, the report shall 
include such recommendations for legislative or administra-
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† HR 4310 EAS1S 
tive action as the entity considers appropriate to remediate 
any identified inadequacy. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘covered beneficiaries’’ has the 
meaning given that term in section 1072(5) of title 
10, United States Code. 
(2) The term ‘‘TRICARE program’’ has the 
meaning given that term in section 1072(7) of title 
10, United States Code. 
SEC. 755. SHARING BETWEEN DEPARTMENT OF DEFENSE 
AND DEPARTMENT OF VETERANS AFFAIRS OF 
RECORDS 
AND 
INFORMATION 
RETAINED 
UNDER THE MEDICAL TRACKING SYSTEM FOR 
MEMBERS OF THE ARMED FORCES DEPLOYED 
OVERSEAS. 
(a) IN GENERAL.—The Secretary of Defense and the 
Secretary of Veterans Affairs shall jointly enter into a 
memorandum of understanding providing for the sharing 
by the Department of Defense with the Department of Vet-
erans Affairs of the results of examinations and other 
records on members of the Armed Forces that are retained 
and maintained with respect to the medical tracking system 
for members deployed overseas under section 1074f(c) of title 
10, United States Code.
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(b) CESSATION UPON IMPLEMENTATION
OF ELEC-
TRONIC HEALTH RECORD.—The sharing required pursuant 
to subsection (a) shall cease on the date on which the Sec-
retary of Defense and the Secretary of Veterans Affairs 
jointly certify to Congress that the Secretaries have fully 
implemented an integrated electronic health record for 
members of the Armed Forces that is fully interoperable be-
tween the Department of Defense and the Department of 
Veterans Affairs. 
SEC. 756. PARTICIPATION OF MEMBERS OF THE ARMED 
FORCES IN PEER SUPPORT COUNSELING 
PROGRAMS OF THE DEPARTMENT OF VET-
ERANS AFFAIRS. 
(a) PARTICIPATION.— 
(1) IN GENERAL.—The Secretary of Defense and 
the Secretary of Veterans Affairs shall jointly enter 
into a memorandum of understanding providing for 
members of the Armed Forces described in subsection 
(b) to volunteer or be considered for employment as 
peer counselors under the following: 
(A) The peer support counseling program 
carried out by the Secretary of Veterans Affairs 
under subsection (j) of section 1720F of title 38, 
United States Code, as part of the comprehensive
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† HR 4310 EAS1S 
program for suicide prevention among veterans 
under subsection (a) of such section. 
(B) The peer support counseling program 
carried out by the Secretary of Veterans Affairs 
under section 304(a)(1) of the Caregivers and 
Veterans Omnibus Health Services Act of 2010 
(Public Law 111–163; 124 Stat. 1150; 38 U.S.C. 
1712A note). 
(2) TRAINING.—Any member participating in a 
peer support counseling program under paragraph 
(1) shall receive the training for peer counselors under 
section 1720F(j)(2) of title 38, United States Code, or 
section 304(c) of the Caregivers and Veterans Omni-
bus Health Services Act of 2010, as applicable, before 
performing peer support counseling duties under such 
program. 
(b) COVERED MEMBERS.—Members of the Armed 
Forces described in this subsection are the following: 
(1) Members of the reserve components of the 
Armed Forces who are demobilizing after deployment 
in a theater of combat operations, including, in par-
ticular, members who participated in combat against 
the enemy while so deployed. 
(2) Members of the regular components of the 
Armed Forces separating from active duty who have
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† HR 4310 EAS1S 
been deployed in a theater of combat operations in 
which such members participated in combat against 
the enemy. 
SEC. 757. RESEARCH AND MEDICAL PRACTICE ON MENTAL 
HEALTH CONDITIONS. 
(a) DEPARTMENT OF DEFENSE ORGANIZATION ON RE-
SEARCH AND PRACTICE.—The Secretary of Defense shall es-
tablish within the Department of Defense an organization 
to carry out the responsibilities specified in subsection (b). 
(b) RESPONSIBILITIES.—The organization established 
under subsection (a) shall— 
(1) carry out programs and activities designed 
to provide for the translation of research on the diag-
nosis and treatment of mental health conditions into 
policy on medical practices; 
(2) make recommendations to the Assistant Sec-
retary of Defense for Health Affairs on the translation 
of such research into the policies of the Department 
of Defense on medical practices with respect to mem-
bers of the Armed Forces; and 
(3) discharge such other responsibilities relating 
to research and medical practices on mental health 
conditions, and the policies of the Department on 
such practices with respect to members of the Armed
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† HR 4310 EAS1S 
Forces, as the Secretary or the Assistant Secretary 
shall specify for purposes of this section. 
(c) REPORTS.— 
(1) INITIAL REPORT.—Not later than 120 days 
after the date of the enactment of this Act, the Sec-
retary shall submit to Congress a report on the orga-
nization required by subsection (a). The report shall 
include a description of the organization and a plan 
for implementing the requirements of this section. 
(2) ANNUAL REPORTS.—The Secretary shall sub-
mit to Congress each year a report on the activities 
of the organization established under subsection (a) 
during the preceding year. Each report shall include 
the following: 
(A) A summary description of the activities 
of the organization during the preceding year. 
(B) A description of the recommendations 
made by the organization to the Assistant Sec-
retary under subsection (b)(2) during the year, 
and a description of the actions undertaken (or 
to be undertaken) by the Assistant Secretary in 
response to such recommendations. 
(C) Such other matters relating to the ac-
tivities of the organization, including rec-
ommendations for additional legislative or ad-
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† HR 4310 EAS1S 
ministrative action, as the Secretary, in con-
sultation with the Assistant Secretary, considers 
appropriate. 
SEC. 758. DISPOSAL OF CONTROLLED SUBSTANCES. 
(a) MEMBERS OF THE ARMED FORCES.—The Admin-
istrator of the Drug Enforcement Administration shall 
enter into a memorandum of understanding with the Sec-
retary of Defense establishing procedures under which a 
member of the Armed Forces may deliver a controlled sub-
stance to a member of the Armed Forces or an employee 
of the Department of Defense to be disposed of in accordance 
with section 302(g) of the Controlled Substances Act (21 
U.S.C. 822(g)). 
(b) VETERANS.— 
(1) IN GENERAL.—The Administrator shall enter 
into a memorandum of understanding with the Sec-
retary of Veterans Affairs establishing procedures 
under which a veteran may deliver a controlled sub-
stance to an employee of the Department of Veterans 
Affairs to be disposed of in accordance with section 
302(g) of the Controlled Substances Act. 
(2) VETERAN DEFINED.—In this subsection, the 
term ‘‘veteran’’ has the meaning given that term in 
section 101 of title 38, United States Code.
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SEC. 759. TRANSPARENCY OF MENTAL HEALTH CARE SERV-
ICES. 
(a) MEASUREMENT OF MENTAL HEALTH CARE SERV-
ICES.— 
(1) IN GENERAL.—Not later than December 31, 
2013, the Secretary of Veterans Affairs shall develop 
and implement a comprehensive set of measures to as-
sess mental health care services furnished by the De-
partment of Veterans Affairs. 
(2) ELEMENTS.—The measures developed and 
implemented under paragraph (1) shall provide an 
accurate and comprehensive assessment of the fol-
lowing: 
(A) The timeliness of the furnishing of men-
tal health care by the Department. 
(B) The satisfaction of patients who receive 
mental health care services furnished by the De-
partment. 
(C) The capacity of the Department to fur-
nish mental health care. 
(D) The availability and furnishing of evi-
dence-based therapies by the Department. 
(b) GUIDELINES
FOR STAFFING MENTAL HEALTH 
CARE SERVICES.—Not later than December 31, 2013, the 
Secretary shall develop and implement guidelines for the 
staffing of general and specialty mental health care services,
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† HR 4310 EAS1S 
including at community-based outpatient clinics. Such 
guidelines shall include productivity standards for pro-
viders of mental health care. 
(c) STUDY COMMITTEE.— 
(1) IN GENERAL.—The Secretary shall seek to 
enter into a contract with the National Academy of 
Sciences to create a study committee— 
(A) to consult with the Secretary on the 
Secretary’s development and implementation of 
the measures and guidelines required by sub-
sections (a) and (b); and 
(B) to conduct an assessment and provide 
an analysis and recommendations on the state of 
Department mental health services. 
(2) FUNCTIONS.—In entering into the contract 
described in paragraph (1), the Secretary shall, with 
respect to paragraph (1)(B), include in such contract 
a provision for the study committee— 
(A) to conduct a comprehensive assessment 
of barriers to access to mental health care by vet-
erans who served in the Armed Forces in Oper-
ation Enduring Freedom, Operation Iraqi Free-
dom, or Operation New Dawn; 
(B) to assess the quality of the mental 
health care being provided to such veterans (in-
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† HR 4310 EAS1S 
cluding the extent to which veterans are afforded 
choices with respect to modes of treatment) 
through site visits to facilities of the Veterans 
Health Administration (including at least one 
site visit in each Veterans Integrated Service 
Network), evaluating studies of patient outcomes, 
and other appropriate means; 
(C) to assess whether, and the extent to 
which, veterans who served in the Armed Forces 
in Operation Enduring Freedom, Operation 
Iraqi Freedom, or Operation New Dawn are 
being offered a full range of necessary mental 
health services at Department health care facili-
ties, including early intervention services for 
hazardous drinking, relationship problems, and 
other behaviors that create a risk for the develop-
ment of a chronic mental health condition; 
(D) to conduct surveys or have access to De-
partment-administered surveys of— 
(i) providers of Department mental 
health services; 
(ii) veterans who served in the Armed 
Forces in Operation Enduring Freedom, 
Operation Iraqi Freedom, or Operation
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† HR 4310 EAS1S 
New Dawn who are receiving mental health 
care furnished by the Department; and 
(iii) eligible veterans who served in the 
Armed Forces in Operation Enduring Free-
dom, Operation Iraqi Freedom, or Oper-
ation New Dawn who are not using Depart-
ment health care services to assess those bar-
riers described in subparagraph (A); and 
(E) to provide to the Secretary, on the basis 
of its assessments as delineated in subparagraphs 
(A) through (C), specific, detailed recommenda-
tions— 
(i) for overcoming barriers, and im-
proving access, to timely, effective mental 
health care at Department health care fa-
cilities (or, where Department facilities can-
not provide such care, through contract ar-
rangements under existing law); and 
(ii) to improve the effectiveness and ef-
ficiency of mental health services furnished 
by the Secretary. 
(3) PARTICIPATION BY FORMER OFFICIALS AND 
EMPLOYEES
OF
VETERANS
HEALTH
ADMINISTRA-
TION.—The Secretary shall ensure that any contract 
entered into under paragraph (1) provides for inclu-
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† HR 4310 EAS1S 
sion on any subcommittee which participates in con-
ducting the assessments and formulating the rec-
ommendations provided for in paragraph (2) at least 
one former official of the Veterans Health Administra-
tion and at least two former employees of the Veterans 
Health Administration who were providers of mental 
health care. 
(4) PERIODIC REPORTS TO SECRETARY.—In en-
tering into the contract described in paragraph (1), 
the Secretary shall, with respect to paragraph (1)(A), 
include in such contract a provision for the submittal 
to the Secretary of periodic reports and provision of 
other consultation to the Secretary by the study com-
mittee to assist the Secretary in carrying out sub-
sections (a) and (b). 
(5) REPORTS TO CONGRESS.—Not later than 30 
days after receiving a report under paragraph (4), the 
Secretary shall submit to the Committee on Veterans’ 
Affairs of the Senate and the Committee on Veterans’ 
Affairs of the House of Representatives a report on 
the plans of the Secretary to implement such rec-
ommendations submitted to the Secretary by the 
study committee as the Secretary considers appro-
priate. Such report shall include a description of each 
recommendation submitted to the Secretary that the
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† HR 4310 EAS1S 
Secretary does not plan to carry out and an expla-
nation of why the Secretary does not plan to carry 
out such recommendation. 
(d) PUBLICATION.— 
(1) IN
GENERAL.—The Secretary shall make 
available to the public on an Internet website of the 
Department the following: 
(A) The measures and guidelines developed 
and implemented under this section. 
(B) An assessment of the performance of the 
Department using such measures and guidelines. 
(2) QUARTERLY UPDATES.—The Secretary shall 
update the measures, guidelines, and assessment made 
available to the public under paragraph (1) not less 
frequently than quarterly. 
(e) SEMIANNUAL REPORTS.— 
(1) IN GENERAL.—Not later than June 30, 2013, 
and not less frequently than twice each year there-
after, the Secretary shall submit to the Committee on 
Veterans’ Affairs of the Senate and the Committee on 
Veterans’ Affairs of the House of Representatives a re-
port on the Secretary’s progress in developing and 
implementing the measures and guidelines required 
by this section.
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† HR 4310 EAS1S 
(2) ELEMENTS.—Each report submitted under 
paragraph (1) shall include the following: 
(A) A description of the development and 
implementation of the measures required by sub-
section (a) and the guidelines required by sub-
section (b). 
(B) A description of the progress made by 
the Secretary in developing and implementing 
such measures and guidelines. 
(C) An assessment of the mental health care 
services furnished by the Department of Veterans 
Affairs, using the measures developed and imple-
mented under subsection (a). 
(D) An assessment of the effectiveness of the 
guidelines developed and implemented under sub-
section (b). 
(E) Such recommendations for legislative or 
administrative action as the Secretary may have 
to improve the effectiveness and efficiency of the 
mental health care services furnished under laws 
administered by the Secretary. 
(f) IMPLEMENTATION REPORT.— 
(1) IN GENERAL.—Not later than 30 days before 
the date on which the Secretary begins implementing 
the measures and guidelines required by this section,
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the Secretary shall submit to the committees described 
in subsection (e)(1) a report on the Secretary’s 
planned implementation of such measures and guide-
lines. 
(2) ELEMENTS.—The report required by para-
graph (1) shall include the following: 
(A) A detailed description of the measures 
and guidelines that the Secretary plans to imple-
ment under this section. 
(B) A description of the rationale for each 
measure and guideline the Secretary plans to 
implement under this section. 
(C) A discussion of each measure and guide-
line that the Secretary considered under this sec-
tion but chose not to implement. 
(D) The number of current vacancies in 
mental health care provider positions in the De-
partment. 
(E) An assessment of how many additional 
positions are needed to meet current or expected 
demand for mental health services furnished by 
the Department.
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SEC. 760. EXPANSION OF VET CENTER PROGRAM TO IN-
CLUDE FURNISHING COUNSELING TO CER-
TAIN MEMBERS OF THE ARMED FORCES AND 
THEIR FAMILY MEMBERS. 
Section 1712A of title 38, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking 
‘‘Upon the request’’ and all that follows 
through the period at the end and inserting 
the following: ‘‘Upon the request of any in-
dividual referred to in subparagraph (C), 
the Secretary shall furnish counseling, in-
cluding by furnishing counseling through a 
Vet Center, to the individual— 
‘‘(i) in the case of an individual referred to in 
clauses (i) through (iv) of subparagraph (C), to assist 
the individual in readjusting to civilian life; and 
‘‘(ii) in the case of an individual referred to in 
clause (v) of such subparagraph who is a family 
member of a veteran or member described in such 
clause— 
‘‘(I) in the case of a member who is de-
ployed in a theater of combat operations or an 
area at a time during which hostilities are oc-
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curring in that area, during such deployment to 
assist such individual in coping with such de-
ployment; and 
‘‘(II) in the case of a veteran or member 
who is readjusting to civilian life, to the degree 
that counseling furnished to such individual is 
found to aid in the readjustment of such veteran 
or member to civilian life.’’; and 
(ii) by striking subparagraph (B) and 
inserting the following new subparagraphs: 
‘‘(B) Counseling furnished to an individual under sub-
paragraph (A) may include a comprehensive individual as-
sessment of the individual’s psychological, social, and other 
characteristics to ascertain whether— 
‘‘(i) in the case of an individual referred to in 
clauses (i) through (iv) of subparagraph (C), such in-
dividual has difficulties associated with readjusting to 
civilian life; and 
‘‘(ii) in the case of an individual referred to in 
clause (v) of such subparagraph, such individual has 
difficulties associated with— 
‘‘(I) coping with the deployment of a mem-
ber described in subclause (I) of such clause; or
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‘‘(II) readjustment to civilian life of a vet-
eran or member described in subclause (II) of 
such clause. 
‘‘(C) Subparagraph (A) applies to the following indi-
viduals: 
‘‘(i) Any individual who is a veteran or member 
of the Armed Forces, including a member of a reserve 
component of the Armed Forces, who served on active 
duty in a theater of combat operations or an area at 
a time during which hostilities occurred in that area. 
‘‘(ii) Any individual who is a veteran or member 
of the Armed Forces, including a member of a reserve 
component of the Armed Forces, who provided direct 
emergency medical or mental health care, or mor-
tuary services to the causalities of combat operations 
or hostilities, but who at the time was located outside 
the theater of combat operations or area of hostilities. 
‘‘(iii) Any individual who is a veteran or mem-
ber of the Armed Forces, including a member of a re-
serve component of the Armed Forces, who engaged in 
combat with an enemy of the United States or 
against an opposing military force in a theater of 
combat operations or an area at a time during which 
hostilities occurred in that area by remotely control-
ling an unmanned aerial vehicle, notwithstanding
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whether the physical location of such veteran or mem-
ber during such combat was within such theater of 
combat operations or area. 
‘‘(iv) Any individual who received counseling 
under this section before the date of the enactment of 
the National Defense Authorization Act for Fiscal 
Year 2013. 
‘‘(v) Any individual who is a family member of 
any— 
‘‘(I) member of the Armed Forces, including 
a member of a reserve component of the Armed 
Forces, who is serving on active duty in a the-
ater of combat operations or in an area at a 
time during which hostilities are occurring in 
that area; or 
‘‘(II) veteran or member of the Armed 
Forces described in this subparagraph.’’; 
(B) by striking paragraph (2); 
(C) by redesignating paragraph (3) as 
paragraph (2); and 
(D) in paragraph (2), as redesignated by 
subparagraph (C)— 
(i) by striking ‘‘a veteran described in 
paragraph (1)(B)(iii)’’ and inserting ‘‘an
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individual described in paragraph (1)(C)’’; 
and 
(ii) by striking ‘‘the veteran a prelimi-
nary general mental health assessment’’ and 
inserting ‘‘the individual a comprehensive 
individual assessment as described in para-
graph (1)(B)’’; 
(2) in subsection (b)(1), by striking ‘‘physician 
or psychologist’’ each place it appears and inserting 
‘‘licensed or certified mental health care provider’’; 
(3) in subsection (g)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) The term ‘Vet Center’ means a facility 
which is operated by the Department for the provision 
of services under this section and which is situated 
apart from Department general health care facili-
ties.’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(3) The term ‘family member’, with respect to 
a veteran or member of the Armed Forces, means an 
individual who— 
‘‘(A) is a member of the family of the vet-
eran or member, including—
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‘‘(i) a parent; 
‘‘(ii) a spouse; 
‘‘(iii) a child; 
‘‘(iv) a step-family member; and 
‘‘(v) an extended family member; or 
‘‘(B) lives with the veteran or member but 
is not a member of the family of the veteran or 
member.’’; and 
(4) by redesignating subsection (g), as amended 
by paragraph (3), as subsection (h) and inserting 
after subsection (f) the following new subsection (g): 
‘‘(g) In carrying out this section and in furtherance 
of the Secretary’s responsibility to carry out outreach ac-
tivities under chapter 63 of this title, the Secretary may 
provide for and facilitate the participation of personnel em-
ployed by the Secretary to provide services under this sec-
tion in recreational programs that are— 
‘‘(1) designed to encourage the readjustment of 
veterans described in subsection (a)(1)(C); and 
‘‘(2) operated by any organization named in or 
approved under section 5902 of this title.’’.
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SEC. 761. AUTHORITY FOR SECRETARY OF VETERANS AF-
FAIRS TO FURNISH MENTAL HEALTH CARE 
THROUGH FACILITIES OTHER THAN VET CEN-
TERS TO IMMEDIATE FAMILY MEMBERS OF 
MEMBERS OF THE ARMED FORCES DEPLOYED 
IN CONNECTION WITH A CONTINGENCY OP-
ERATION. 
(a) IN GENERAL.—Subject to the availability of appro-
priations and subsection (b), the Secretary of Veterans Af-
fairs, in addition to furnishing mental health care to family 
members of members of the Armed Forces through Vet Cen-
ters under section 1712A of title 38, United States Code, 
may furnish mental health care to immediate family mem-
bers of members of the Armed Forces while such members 
are deployed in connection with a contingency operation 
(as defined in section 101 of title 10, United States Code) 
through Department of Veterans Affairs medical facilities, 
telemental health modalities, and such community, non-
profit, private, and other third parties as the Secretary con-
siders appropriate. 
(b) LIMITATION.—The Secretary may furnish mental 
health care under subsection (a) only to the extent that re-
sources and facilities are available and only to the extent 
that the furnishing of such care does not interfere with the 
provision of care to veterans.
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(c) NO ELIGIBILITY FOR TRAVEL REIMBURSEMENT.— 
A family member to whom the Secretary furnishes mental 
health care under subsection (a) shall not be eligible for 
payments or allowances under section 111 of title 38, 
United States Code, for such mental health care. 
(d) SUNSET.—The authority to furnish medical health 
care under subsection (a) shall expire on the date that is 
three years after the date of the enactment of this Act. 
(e) VET CENTER DEFINED.—In this section, the term 
‘‘Vet Center’’ has the meaning given the term in section 
1712A(g) of title 38, United States Code, as amended by 
section 760(3) of this Act. 
SEC. 762. ORGANIZATION OF THE READJUSTMENT COUN-
SELING SERVICE IN DEPARTMENT OF VET-
ERANS AFFAIRS. 
(a) IN GENERAL.—Subchapter I of chapter 73 of title 
38, United States Code, is amended by adding at the end 
the following new section: 
‘‘§ 7309. Readjustment Counseling Service 
‘‘(a) IN GENERAL.—There is in the Veterans Health 
Administration a Readjustment Counseling Service. The 
Readjustment Counseling Service shall provide readjust-
ment counseling and associated services to individuals in 
accordance with section 1712A of this title.
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‘‘(b) CHIEF OFFICER.—(1) The head of the Readjust-
ment Counseling Service shall be the Chief Officer of the 
Readjustment Counseling Service (in this section the ‘Chief 
Officer’), who shall report directly to the Under Secretary 
for Health. 
‘‘(2) The Chief Officer shall be appointed by the Under 
Secretary for Health from among individuals who— 
‘‘(A)(i) are psychologists who hold a diploma as 
a doctorate in clinical or counseling psychology from 
an authority approved by the American Psychological 
Association and who have successfully undergone an 
internship approved by that association; 
‘‘(ii) are holders of a master in social work de-
gree; or 
‘‘(iii) hold such other advanced degrees related to 
mental health as the Secretary considers appropriate; 
‘‘(B) have at least three years of experience pro-
viding direct counseling services or outreach services 
in the Readjustment Counseling Service; 
‘‘(C) have at least three years of experience ad-
ministrating direct counseling services or outreach 
services in the Readjustment Counseling Service; 
‘‘(D) meet the quality standards and require-
ments of the Department; and
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‘‘(E) are veterans who served in combat as mem-
bers of the Armed Forces. 
‘‘(c) STRUCTURE.—(1) The Readjustment Counseling 
Service is a distinct organizational element within Veterans 
Health Administration. 
‘‘(2) The Readjustment Counseling Service shall pro-
vide counseling and services as described in subsection (a). 
‘‘(3) The Chief Officer shall have direct authority over 
all Readjustment Counseling Service staff and assets, in-
cluding Vet Centers. 
‘‘(d) SOURCE OF FUNDS.—(1) Amounts for the activi-
ties of the Readjustment Counseling Service, including the 
operations of its Vet Centers, shall be derived from amounts 
appropriated for the Veterans Health Administration for 
medical care. 
‘‘(2) Amounts for activities of the Readjustment Coun-
seling Service, including the operations of its Vet Centers, 
shall not be allocated through the Veterans Equitable Re-
source Allocation system. 
‘‘(3) In each budget request submitted for the Depart-
ment of Veterans Affairs by the President to Congress under 
section 1105 of title 31, the budget request for the Readjust-
ment Counseling Service shall be listed separately. 
‘‘(e) ANNUAL REPORT.—(1) Not later than March 15 
of each year, the Secretary shall submit to the Committee
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on Veterans’ Affairs of the Senate and the Committee on 
Veterans’ Affairs of the House of Representatives a report 
on the activities of the Readjustment Counseling Service 
during the preceding calendar year. 
‘‘(2) Each report submitted under paragraph (1) shall 
include, with respect to the period covered by the report, 
the following: 
‘‘(A) A summary of the activities of the Read-
justment Counseling Service, including Vet Centers. 
‘‘(B) A description of the workload and addi-
tional treatment capacity of the Vet Centers, includ-
ing, for each Vet Center, the ratio of the number of 
full-time equivalent employees at such Vet Center and 
the number of individuals who received services or as-
sistance at such Vet Center. 
‘‘(C) A detailed analysis of demand for and 
unmet need for readjustment counseling services and 
the Secretary’s plan for meeting such unmet need. 
‘‘(f) VET CENTER DEFINED.—In this section, the term 
‘Vet Center’ has the meaning given the term in section 
1712A(g) of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 73 of such title is amended by in-
serting after the item relating to section 7308 the following 
new item: 
‘‘7309. Readjustment Counseling Service.’’.
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† HR 4310 EAS1S 
(c) CONFORMING AMENDMENTS.—Section 7305 of such 
title is amended— 
(1) by redesignating paragraph (7) as para-
graph (8); and 
(2) by inserting after paragraph (6) the fol-
lowing new paragraph (7): 
‘‘(7) A Readjustment Counseling Service.’’. 
SEC. 763. RECRUITING MENTAL HEALTH PROVIDERS FOR 
FURNISHING OF MENTAL HEALTH SERVICES 
ON BEHALF OF THE DEPARTMENT OF VET-
ERANS AFFAIRS WITHOUT COMPENSATION 
FROM THE DEPARTMENT. 
(a) IN GENERAL.—The Secretary of Veterans Affairs 
shall carry out a national program of outreach to societies, 
community organizations, nonprofit organizations, or gov-
ernment entities in order to recruit mental health providers, 
who meet the quality standards and requirements of the De-
partment of Veterans Affairs, to provide mental health serv-
ices for the Department on a part-time, without-compensa-
tion basis, under section 7405 of title 38, United States 
Code. 
(b) PARTNERING WITH AND DEVELOPING COMMUNITY 
ENTITIES AND NONPROFIT ORGANIZATIONS.—In carrying 
out the program required by subsection (a), the Secretary 
may partner with a community entity or nonprofit organi-
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† HR 4310 EAS1S 
zation or assist in the development of a community entity 
or nonprofit organization, including by entering into an 
agreement under section 8153 of title 38, United States 
Code, that provides strategic coordination of the societies, 
organizations, and government entities described in sub-
section (a) in order to maximize the availability and effi-
cient delivery of mental health services to veterans by such 
societies, organizations, and government entities. 
(c) MILITARY CULTURE TRAINING.—In carrying out 
the program required by subsection (a), the Secretary shall 
provide training to mental health providers to ensure that 
clinicians who provide mental health services as described 
in such subsection have sufficient understanding of 
military- and service-specific culture, combat experience, 
and other factors that are unique to the experience of vet-
erans who served in Operation Enduring Freedom, Oper-
ating Iraqi Freedom, or Operation New Dawn. 
SEC. 764. PEER SUPPORT. 
(a) PEER SUPPORT COUNSELING PROGRAM.— 
(1) PROGRAM REQUIRED.—Paragraph (1) of sec-
tion 1720F(j) of title 38, United States Code, is 
amended in the matter before subparagraph (A) by 
striking ‘‘may’’ and inserting ‘‘shall’’. 
(2) TRAINING.—Paragraph (2) of such section is 
amended by inserting after ‘‘peer counselors’’ the fol-
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lowing: ‘‘, including training carried out under the 
national program of training required by section 
304(c) of the Caregivers and Veterans Omnibus 
Health Services Act of 2010 (38 U.S.C. 1712A note; 
Public Law 111–163)’’. 
(3) AVAILABILITY OF PROGRAM AT DEPARTMENT 
MEDICAL
CENTERS.—Such section is amended by 
adding at the end the following new paragraph: 
‘‘(3) In addition to other locations the Secretary con-
siders appropriate, the Secretary shall carry out the peer 
support program under this subsection at each Department 
medical center.’’. 
(4) DEADLINE
FOR
COMMENCEMENT
OF
PRO-
GRAM.—The Secretary of Veterans Affairs shall ensure 
that the peer support counseling program required by 
section 1720F(j) of title 38, United States Code, as 
amended by this subsection, commences at each De-
partment of Veterans Affairs medical center not later 
than 270 days after the date of the enactment of this 
Act. 
(b) PEER OUTREACH AND PEER SUPPORT SERVICES 
AT DEPARTMENT MEDICAL CENTERS UNDER PROGRAM ON 
READJUSTMENT AND MENTAL HEALTH CARE SERVICES 
FOR VETERANS WHO SERVED IN OPERATION ENDURING 
FREEDOM AND OPERATION IRAQI FREEDOM.—
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† HR 4310 EAS1S 
(1) IN GENERAL.—Section 304 of the Caregivers 
and Veterans Omnibus Health Services Act of 2010 
(38 U.S.C. 1712A note; Public Law 111–163) is 
amended— 
(A) by redesignating subsection (e) as sub-
section (f); and 
(B) by inserting after subsection (d) the fol-
lowing new subsection (e): 
‘‘(e) PROVISION OF PEER OUTREACH AND PEER SUP-
PORT SERVICES AT DEPARTMENT MEDICAL CENTERS.— 
The Secretary shall carry out the services required by sub-
paragraphs (A) and (B) of subsection (a)(1) at each De-
partment medical center.’’. 
(2) DEADLINE.—The Secretary of Veterans Af-
fairs shall commence carrying out the services re-
quired by subparagraphs (A) and (B) of subsection 
(a)(1) of such section at each Department of Veterans 
Affairs medical center, as required by subsection (e) 
of such section (as added by paragraph (1)), not later 
than 270 days after the date of the enactment of this 
Act.
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† HR 4310 EAS1S 
TITLE VIII—ACQUISITION POL-
ICY, ACQUISITION MANAGE-
MENT, AND RELATED MAT-
TERS 
Subtitle A—Provisions Relating to 
Major Defense Acquisition Pro-
grams 
SEC. 801. LIMITATION ON USE OF COST-TYPE CONTRACTS. 
(a) PROHIBITION WITH RESPECT TO PRODUCTION OF 
MAJOR DEFENSE ACQUISITION PROGRAMS.—Not later than 
120 days after the date of the enactment of this Act, the 
Secretary of Defense shall modify the acquisition regula-
tions of the Department of Defense to prohibit the Depart-
ment from entering into cost-type contracts for the produc-
tion of major defense acquisition programs (MDAPs). 
(b) EXCEPTION.— 
(1) IN GENERAL.—The prohibition under sub-
section (a) shall not apply in the case of a particular 
cost-type contract if the Under Secretary of Defense 
for Acquisition, Technology, and Logistics, after con-
sultation with the Director of Cost Assessment and 
Program Evaluation— 
(A) certifies, in writing, with reasons, that 
a cost-type contract is needed to provide a re-
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† HR 4310 EAS1S 
quired capability in a timely and cost-effective 
manner; and 
(B) provides the certification to the congres-
sional defense committees not later than 30 busi-
ness days before issuing a solicitation for the 
contract. 
(2) SCOPE OF EXCEPTION.—In any case when 
the Under Secretary grants an exception under para-
graph (1), the Under Secretary shall take affirmative 
steps to make sure that the use of cost-type pricing is 
limited to only those line items or portions of the con-
tract where such pricing is needed to achieve the pur-
poses of the exception. A written certification under 
paragraph (1) shall be accompanied by an expla-
nation of the steps taken under this paragraph. 
(c) DEFINITIONS.—In this section: 
(1) MAJOR DEFENSE ACQUISITION PROGRAM.— 
The term ‘‘major defense acquisition program’’ has 
the meaning given the term in section 2430(a) of title 
10, United States Code. 
(2) PRODUCTION OF A MAJOR DEFENSE ACQUISI-
TION PROGRAM.—The term ‘‘production of a major 
defense acquisition program’’ means the production, 
either on a low-rate initial production or full-rate 
production basis, and deployment of a major system
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† HR 4310 EAS1S 
that is intended to achieve an operational capability 
that satisfies mission needs, or any activity otherwise 
defined as Milestone C under Department of Defense 
Instruction 5000.02 or related authorities. 
(3) CONTRACT
FOR
THE
PRODUCTION
OF
A 
MAJOR DEFENSE ACQUISITION PROGRAM.—The term 
‘‘contract for the production of a major defense acqui-
sition program’’— 
(A) means a prime contract for the produc-
tion of a major defense acquisition program; and 
(B) does not include individual line items 
for segregable efforts or contracts for the incre-
mental improvement of systems that are already 
in production (other than contracts for major 
upgrades that are themselves major defense ac-
quisition programs). 
(d) APPLICABILITY.—The requirements of this section 
shall apply to contracts for the production of major defense 
acquisition programs entered into on or after October 1, 
2014.
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† HR 4310 EAS1S 
SEC. 802. ACQUISITION STRATEGIES FOR MAJOR SUB-
SYSTEMS AND SUBASSEMBLIES ON MAJOR 
DEFENSE ACQUISITION PROGRAMS. 
(a) IN GENERAL.—The Secretary of Defense shall en-
sure that the acquisition strategy for each major defense ac-
quisition program— 
(1) provides, where appropriate, for breaking out 
a major subsystem or subassembly, conducting a sepa-
rate competition or negotiating a separate price for 
the subsystem or subassembly, and providing the sub-
system or subassembly to the prime contractor as gov-
ernment-furnished equipment; and 
(2) in any case where it is not practical or ap-
propriate to break out a major subsystem or sub-
assembly and provide it to the prime contractor as 
government-furnished equipment, includes measures 
to prevent excessive pass-through charges by the prime 
contractor. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘excessive pass-through charges’’ 
means pass-through charges that are not reasonable in 
relation to the cost of direct labor provided by em-
ployees of the contractor, any other costs directly at-
tributable to the management of the subcontract by 
employees of the contractor, and the level of risk and
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† HR 4310 EAS1S 
responsibility, if any, assumed by the prime con-
tractor for the performance of the subcontract. 
(2) The term ‘‘major defense acquisition pro-
gram’’ has the meaning given the term in section 
2430(a) of title 10, United States Code. 
(3) The term ‘‘pass-through charges’’ means 
prime contractor charges for overhead (including gen-
eral and administrative costs) or profit on a sub-
system or subassembly that is produced by an entity 
or entities other than the prime contractor. 
(c) CONFORMING AMENDMENTS.—Section 202(c) of the 
Weapon Systems Acquisition Reform Act of 2009 (Public 
Law 111–23; 123 Stat. 1720; 10 U.S.C. 2430 note) is 
amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘fair and objective ‘make-buy’ decisions by 
prime contractors’’ and inserting ‘‘competition or the 
option of competition at the subcontract level’’; 
(2) by redesignating paragraphs (1), (2), and (3) 
as paragraphs (2), (3), and (4), respectively; and 
(3) by inserting before paragraph (2), as redesig-
nated by paragraph (2) of this subsection, the fol-
lowing new paragraph (1): 
‘‘(1) where appropriate, breaking out a major 
subsystem, conducting a separate competition for the
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† HR 4310 EAS1S 
subsystem, and providing the subsystem to the prime 
contractor as government-furnished equipment;’’. 
SEC. 803. MANAGEMENT STRUCTURE FOR DEVELOPMENTAL 
TEST AND EVALUATION. 
(a) DUTIES OF DASD FOR DEVELOPMENTAL TEST 
AND EVALUATION.—Subsection (a)(5) of section 139b of 
title 10, United States Code is amended— 
(1) in subparagraph (A)(i), by striking ‘‘in the 
Department of Defense’’ and inserting ‘‘of the mili-
tary departments and other elements of the Depart-
ment of Defense’’; and 
(2) in subparagraph (C), by striking ‘‘programs’’ 
and inserting ‘‘programs (including the activities of 
chief developmental testers and lead developmental 
test evaluation organizations designated in accord-
ance with subsection (c))’’. 
(b) DUTIES OF CHIEF DEVELOPMENTAL TESTER AND 
LEAD DEVELOPMENTAL TEST AND EVALUATION ORGANIZA-
TION.—Subsection (c) of such section is amended— 
(1) in paragraph (2), by striking ‘‘shall be re-
sponsible for’’ and inserting ‘‘, consistent with policies 
and guidance issued pursuant to subsection (a)(5)(A), 
shall be responsible for’’; 
(2) in paragraph (3), by striking ‘‘shall be re-
sponsible for’’ and inserting ‘‘, consistent with policies
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† HR 4310 EAS1S 
and guidance issued pursuant to subsection (a)(5)(A), 
shall be responsible for’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(4) TRANSMITTAL OF RECORDS AND DATA.— 
The chief developmental tester and the lead develop-
mental test and evaluation organization for a major 
defense acquisition program shall promptly transmit 
to the Deputy Assistant Secretary for Developmental 
Test and Evaluation any records or data relating to 
the program that are requested by the Deputy Assist-
ant Secretary, as provided in subsection (a)(6).’’. 
SEC. 804. ASSESSMENTS OF POTENTIAL TERMINATION LI-
ABILITY OF CONTRACTS FOR THE DEVELOP-
MENT OR PRODUCTION OF MAJOR DEFENSE 
ACQUISITION PROGRAMS. 
(a) REPORT ON ASSESSMENT REQUIRED.—Not later 
than 30 days before entering into a covered contract, the 
Under Secretary of Defense for Acquisition, Technology, 
and Logistics shall submit to the congressional defense com-
mittees a report on the potential termination liability of 
the Department of Defense under the contract, including— 
(1) an estimate of the maximum potential termi-
nation liability certification for the contract; and
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† HR 4310 EAS1S 
(2) an assessment how such termination liability 
is likely to increase or decrease over the period of per-
formance of the contract. 
(b) COVERED CONTRACTS.—For purposes of this sec-
tion, a covered contract is a contract for the development 
or production of a major defense acquisition program for 
which the Under Secretary of Defense for Acquisition, Tech-
nology, and Logistics is the Milestone Decision Authority 
if the contract has a potential termination liability of the 
Department of Defense that could reasonably be expected 
to exceed $100,000,000. 
(c) MAJOR DEFENSE ACQUISITION PROGRAM DE-
FINED.—In this section, the term ‘‘major defense acquisi-
tion program’’ has the meaning given that term in section 
2430 of title 10, United States Code. 
SEC. 805. TECHNICAL CHANGE REGARDING PROGRAMS EX-
PERIENCING CRITICAL COST GROWTH DUE 
TO CHANGE IN QUANTITY PURCHASED. 
Section 2433a(c)(3)(A) of title 10, United States Code, 
is amended by striking ‘‘subparagraphs (B) and (C)’’ and 
inserting ‘‘subparagraphs (B), (C), and (E)’’.
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† HR 4310 EAS1S 
SEC. 806. REPEAL OF REQUIREMENT TO REVIEW ONGOING 
PROGRAMS INITIATED BEFORE ENACTMENT 
OF MILESTONE B CERTIFICATION AND AP-
PROVAL PROCESS. 
Subsection (b) of section 205 of the Weapon Systems 
Acquisition Reform Act of 2009 (Public Law 111–23; 123 
Stat. 1725; 10 U.S.C. 2366b note) is repealed. 
Subtitle B—Acquisition Policy and 
Management 
SEC. 821. ONE-YEAR EXTENSION OF TEMPORARY LIMITA-
TION 
ON 
AGGREGATE 
ANNUAL 
AMOUNT 
AVAILABLE FOR CONTRACT SERVICES. 
Section 808 of the National Defense Authorization Act 
for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1489) 
is amended— 
(1) by striking ‘‘fiscal year 2012 or 2103’’ each 
place it appears and inserting ‘‘fiscal year 2012, 
2013, or 2014’’; and 
(2) by striking ‘‘fiscal years 2012 and 2013’’ 
each place it appears and inserting ‘‘fiscal years 
2012, 2103, and 2014’’.