† HR 1540 EAS 
suant to section 1105 of title 31, United States 
Code. 
(3) FORM.—Each report required by paragraph 
(1) shall be in unclassified form, but may include a 
classified annex. 
SEC. 233. MISSILE DEFENSE COOPERATION WITH RUSSIA. 
(a) FINDINGS.—Congress makes the following findings: 
(1) For more than a decade, the United States 
and Russia have discussed a variety of options for co-
operation on shared early warning and ballistic mis-
sile defense. For example, on May 1, 2001, President 
George W. Bush spoke of a ‘‘new cooperative relation-
ship’’ with Russia and said it ‘‘should be premised on 
openness, mutual confidence and real opportunities 
for cooperation, including the area of missile defense. 
It should allow us to share information so that each 
nation can improve its early warning capability, and 
its capability to defend its people and territory. And 
perhaps one day, we can even cooperate in a joint de-
fense’’. 
(2) Section 1231 of the Floyd D. Spence Na-
tional Defense Authorization Act for Fiscal Year 2001 
(as enacted into law by Public Law 106–398; 1654A– 
329) authorized the Department of Defense to estab-
lish in Russia a ‘‘joint center for the exchange of data
† HR 1540 EAS 
from systems to provide early warning of launches of 
ballistic missiles and for notification of launches of 
such missiles’’, also known as the Joint Data Ex-
change Center (JDEC). 
(3) On March 31, 2008, Deputy Secretary of De-
fense Gordon England stated that ‘‘we have offered 
Russia a wide-ranging proposal to cooperate on mis-
sile defense—everything from modeling and simula-
tion, to data sharing, to joint development of a re-
gional missile defense architecture—all designed to 
defend the United States, Europe, and Russia from 
the growing threat of Iranian ballistic missiles. An 
extraordinary series of transparency measures have 
also been offered to reassure Russia. Despite some 
Russian reluctance to sign up to these cooperative 
missile defense activities, we continue to work toward 
this goal’’. 
(4) On July 6, 2009, President Barack Obama 
and Russian President Dmitry Medvedev issued a 
joint statement on missile defense issues, which stated 
that ‘‘Russia and the United States plan to continue 
the discussion concerning the establishment of co-
operation in responding to the challenge of ballistic 
missile proliferation. . . We have instructed our ex-
perts to work together to analyze the ballistic missile
† HR 1540 EAS 
challenges of the 21st century and to prepare appro-
priate recommendations’’. 
(5) The February 2010 report of the Ballistic 
Missile Defense Review established as one of its cen-
tral policy pillars that increased international missile 
defense cooperation is in the national security interest 
of the United States and, with regard to cooperation 
with Russia, the United States ‘‘is pursuing a broad 
agenda focused on shared early warning of missile 
launches, possible technical cooperation, and even 
operational cooperation’’. 
(6) at the November 2010 Lisbon Summit, the 
North Atlantic Treaty Organization (NATO) decided 
to develop a missile defense system to ‘‘protect NATO 
European populations, territory and forces’’ and also 
to seek cooperation with Russia on missile defense. In 
its Lisbon Summit Declaration, the North Atlantic 
Treaty Organization reaffirmed its readiness to ‘‘in-
vite Russia to explore jointly the potential for linking 
current and planned missile defence systems at an 
appropriate time in mutually beneficial ways’’. The 
new NATO Strategic Concept adopted at the Lisbon 
Summit states that ‘‘we will actively seek cooperation 
on missile defence with Russia’’, that ‘‘NATO-Russia 
cooperation is of strategic importance’’, and that ‘‘the
† HR 1540 EAS 
security of the North Atlantic Treaty Organization 
and Russia is intertwined’’. 
(7) In a December 18, 2010, letter to the leader-
ship of the Senate, President Obama wrote that the 
North Atlantic Treaty Organization ‘‘invited Russia 
to cooperate on missile defense, which could lead to 
adding Russian capabilities to those deployed by 
NATO to enhance our common security against com-
mon threats. The Lisbon Summit thus demonstrated 
that the Alliance’s missile defenses can be strength-
ened by improving NATO-Russian relations. This 
comes even as we have made clear that the system we 
intend to pursue with Russia will not be a joint sys-
tem, and it will not in any way limit United States’ 
or NATO’s missile defense capabilities. Effective co-
operation with Russia could enhance the overall effi-
ciency of our combined territorial missile defenses, 
and at the same time provide Russia with greater se-
curity’’. 
(8) Section 221(a)(3) of the Ike Skelton National 
Defense Authorization Act for Fiscal Year 2011 (Pub-
lic Law 111–383; 124 Stat. 4167) states that it is the 
sense of Congress ‘‘to support the efforts of the United 
States Government and the North Atlantic Treaty Or-
ganization to pursue cooperation with the Russian
† HR 1540 EAS 
Federation on ballistic missile defense relative to Ira-
nian missile threats’’. 
(9) In a speech in Russia on March 21, 2011, 
Secretary of Defense Robert Gates cited ‘‘the NATO- 
Russian decision to cooperate on defense against bal-
listic missiles. We’ve disagreed before, and Russia still 
has uncertainties about the European Phased Adapt-
ive Approach, a limited system that poses no chal-
lenges to the large Russian nuclear arsenal. However, 
we’ve mutually committed to resolving these difficul-
ties in order to develop a roadmap toward truly effec-
tive anti-ballistic missile collaboration. This collabo-
ration may include exchanging launch information, 
setting up a joint data fusion center, allowing greater 
transparency with respect to our missile defense plans 
and exercises, and conducting a joint analysis to de-
termine areas of future cooperation’’. 
(10) In testimony to the Committee on Armed 
Services of the Senate on April 13, 2011, Deputy As-
sistant Secretary of Defense for Nuclear and Missile 
Defense Policy Bradley H. Roberts stated that the 
United States has been pursuing a Defense Tech-
nology Cooperation Agreement with Russia since 
2004, and that such an agreement is necessary ‘‘for 
the safeguarding of sensitive information in support
† HR 1540 EAS 
of cooperation’’ on missile defense, and to ‘‘provide 
the legal framework for undertaking cooperative ef-
forts.’’ Further, Dr. Roberts stated that the United 
States would not provide any classified information 
to Russia without first conducting a National Disclo-
sure Policy review. He also stated that the United 
States is not considering sharing ‘‘hit-to-kill’’ tech-
nology with Russia. 
(11) The United States and Russia already en-
gage in substantial cooperation on a number of inter-
national security efforts, including nuclear non-
proliferation, anti-piracy, counter-narcotics, nuclear 
security, counter-terrorism, and logistics resupply 
through Russia of coalition forces in Afghanistan. 
These areas of cooperation require each side to share 
and protect sensitive information, which they have 
both done successfully. 
(12) The United States currently has shared 
early warning agreements and programs of coopera-
tion with eight nations in addition to the North At-
lantic Treaty Organization. The United States has 
developed procedures and mechanisms for sharing 
early warning information with partner nations 
while ensuring the protection of sensitive United 
States information.
† HR 1540 EAS 
(13) Russia and the United States each have 
missile launch early warning and detection and 
tracking sensors that could contribute to and enhance 
each others’ ability to detect, track, an defend against 
ballistic missile threats from Iran. 
(14) The Obama Administration has provided 
regular briefings to Congress on its discussions with 
Russia on possible missile defense cooperation. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) it is in the national security interest of the 
United States to pursue efforts at missile defense co-
operation with Russia that would enhance the secu-
rity of the United States, its North Atlantic Treaty 
Organization allies, and Russia, particularly against 
missile threats from Iran; 
(2) the United States should pursue ballistic 
missile defense cooperation with Russia on both a bi-
lateral basis and a multilateral basis with its North 
Atlantic Treaty Organization allies, particularly 
through the NATO-Russia Council; 
(3) missile defense cooperation with Russia 
should not ‘‘in any way limit United States’ or 
NATO’s missile defense capabilities’’, as acknowledged 
in the December 18, 2010, letter from President
† HR 1540 EAS 
Obama to the leadership of the Senate, and should be 
mutually beneficial and reciprocal in nature; and 
(4) the United States should pursue missile de-
fense cooperation with Russia in a manner that en-
sures that— 
(A) United States classified information is 
appropriately safeguarded and protected from 
unauthorized disclosure; 
(B) prior to sharing classified information 
with Russia, the United States conducts a Na-
tional Disclosure Policy review and determines 
the types and levels of information that may be 
shared and whether any additional procedures 
are necessary to protect such information; 
(C) prior to entering into missile defense 
technology cooperation projects, the United 
States enters into a Defense Technology Coopera-
tion Agreement with Russia that establishes the 
legal framework for a broad spectrum of poten-
tial cooperative defense projects; and 
(D) such cooperation does not limit the mis-
sile defense capabilities of the United States or 
its North Atlantic Treaty Organization allies. 
(c) REPORT.—
† HR 1540 EAS 
(1) REPORT
REQUIRED.—Not later than 180 
days after the date of the enactment of this Act, the 
President shall submit to the appropriate committees 
of Congress a report on the status of efforts to reach 
agreement with Russia on missile defense cooperation. 
(2) ELEMENTS.—The report required under 
paragraph (1) shall include the following: 
(A) A summary of the status of discussions 
between the United States and Russia, and be-
tween the North Atlantic Treaty Organization 
and Russia, on efforts to agree on missile defense 
cooperation. 
(B) A description of any agreements 
reached pursuant to such discussions, and any 
specific cooperative measures agreed, imple-
mented, or planned. 
(C) A discussion of the manner in which 
such cooperative measures would enhance the se-
curity of the United States, and the manner in 
which such cooperative measures fit within the 
larger context of United States-Russian coopera-
tion on international security. 
(D) A description of the status of efforts to 
conclude a bilateral Defense Technology Coopera-
tion Agreement with Russia.
† HR 1540 EAS 
(E) A description of the status of any Na-
tional Disclosure Policy Review relative to the 
possible sharing of classified information with 
Russia concerning missile defense cooperation. 
(F) A discussion of the actions that are 
being taken or are planned to be taken to safe-
guard United States classified information in 
any agreement or discussions with Russia con-
cerning missile defense cooperation. 
(3) FORM OF REPORT.—The report required by 
paragraph (1) shall be submitted in unclassified form, 
but may include a classified annex. 
(4) APPROPRIATE
COMMITTEES
OF
CONGRESS 
DEFINED.—In this subsection, the term ‘‘appropriate 
committees of Congress’’ means— 
(A) the Committees on Armed Services, For-
eign Relations, and Appropriations of the Sen-
ate; and 
(B) the Committees on Armed Services, For-
eign Affairs, and Appropriations of the House of 
Representatives. 
SEC. 234. REPORT ON THE UNITED STATES MISSILE DE-
FENSE HEDGING STRATEGY. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary
† HR 1540 EAS 
of Defense shall submit to the congressional defense commit-
tees a report setting forth the findings and conclusions of 
the homeland missile defense hedging strategy review, in-
cluding a discussion of the feasibility and advisability of 
establishing a missile defense site on the East Coast of the 
United States. 
(b) FORM.—The report required by subsection (a) shall 
be submitted in unclassified form, but may include a classi-
fied annex. 
Subtitle D—Reports 
SEC. 251. EXTENSION OF REQUIREMENTS FOR BIENNIAL 
ROADMAP AND ANNUAL REVIEW AND CER-
TIFICATION ON FUNDING FOR DEVELOPMENT 
OF HYPERSONICS. 
Section 218(e)(3) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 109– 
364; 120 Stat. 2126; 10 U.S.C. 2358 note) is amended by 
striking ‘‘2012’’ and inserting ‘‘2020’’.
† HR 1540 EAS 
Subtitle E—Other Matters 
SEC. 261. CONTRACTOR COST-SHARING IN PILOT PROGRAM 
TO INCLUDE TECHNOLOGY PROTECTION FEA-
TURES DURING RESEARCH AND DEVELOP-
MENT OF CERTAIN DEFENSE SYSTEMS. 
Section 243 of the Ike Skelton National Defense Au-
thorization Act for Fiscal Year 2011 (Public Law 111–383; 
124 Stat. 4178; 10 U.S.C. 2358 note) is amended— 
(1) by redesignating subsections (b), (c), and (d) 
as subsections (c), (d), and (e), respectively; and 
(2) by inserting after subsection (a) the following 
new subsection (b): 
‘‘(b) COST-SHARING.—Any contract for the design or 
development of a system resulting from activities under sub-
section (a) for the purpose of enhancing or enabling the 
exportability of the system either (1) for the development 
of program protection strategies for the system, or (2) for 
the design and incorporation of exportability features into 
the system shall include a cost-sharing provision that re-
quires the contractor to bear at least one half of the cost 
of such activities.’’. 
SEC. 262. LABORATORY FACILITIES, HANOVER, NEW HAMP-
SHIRE. 
(a) ACQUISITION.—
† HR 1540 EAS 
(1) IN GENERAL.—Subject to paragraph (3), the 
Secretary of the Army (referred to in this section as 
the ‘‘Secretary’’) may acquire any real property and 
associated real property interests in the vicinity of 
Hanover, New Hampshire, described in paragraph 
(2) as may be needed for the Engineer Research and 
Development Center laboratory facilities at the Cold 
Regions Research and Engineering Laboratory. 
(2) DESCRIPTION OF REAL PROPERTY.—The real 
property described in this paragraph is the real prop-
erty to be acquired under paragraph (1)— 
(A) consisting of approximately 18.5 acres, 
identified as Tracts 101–1 and 101–2, together 
with all necessary easements located entirely 
within the Town of Hanover, New Hampshire; 
and 
(B) generally bounded— 
(i) to the east by state route 10-Lyme 
Road; 
(ii) to the north by the vacant property 
of the Trustees of Dartmouth College; 
(iii) to the south by Fletcher Circle 
graduate student housing owned by the 
Trustees of Dartmouth College; and
† HR 1540 EAS 
(iv) to the west by approximately 9 
acres of real property acquired in fee 
through condemnation in 1981 by the Sec-
retary. 
(3) AMOUNT
PAID
FOR
PROPERTY.—The Sec-
retary shall pay not more than fair market value for 
any real property and associated real property inter-
est acquired under this subsection. 
(b) REVOLVING FUND.—The Secretary— 
(1) through the Plant Replacement and Improve-
ment Program of the Secretary, may use amounts in 
the revolving fund established by section 101 of the 
Civil Functions Appropriations Act, 1954 (33 U.S.C. 
576) to acquire the real property and associated real 
property interests described in subsection (a); and 
(2) shall ensure that the revolving fund is appro-
priately reimbursed from the benefitting appropria-
tions. 
(c) RIGHT OF FIRST REFUSAL.— 
(1) IN GENERAL.—The Secretary may provide 
the seller of any real property and associated prop-
erty interests identified in subsection (a) a right of 
first refusal— 
(A) a right of first refusal to acquire the 
property, or any portion of the property, in the
† HR 1540 EAS 
event the property or portion is no longer needed 
by the Department of the Army; and 
(B) a right of first refusal to acquire any 
real property or associated real property inter-
ests acquired by condemnation in Civil Action 
No. 81–360–L, in the event the property, or any 
portion of the property, is no longer needed by 
the Department of the Army. 
(2) NATURE OF RIGHT.—A right of first refusal 
provided to a seller under this subsection shall not 
inure to the benefit of any successor or assign of the 
seller. 
(d) CONSIDERATION; FAIR MARKET VALUE.—The pur-
chase of any property by a seller exercising a right of first 
refusal provided under subsection (c) shall be for— 
(1) consideration acceptable to the Secretary; 
and 
(2) not less than fair market value at the time 
at which the property becomes available for purchase. 
(e) DISPOSAL.—The Secretary may dispose of any 
property or associated real property interests that are sub-
ject to the exercise of the right of first refusal under this 
section. 
(f) NO EFFECT
ON COMPLIANCE WITH ENVIRON-
MENTAL LAWS.—Nothing in this section affects or limits
† HR 1540 EAS 
the application of or obligation to comply with any envi-
ronmental law, including section 120(h) of the Comprehen-
sive Environmental Response, Compensation, and Liability 
Act of 1980 (42 U.S.C. 9620(h)). 
TITLE III—OPERATION AND 
MAINTENANCE 
Subtitle A—Authorization of 
Appropriations 
SEC. 301. OPERATION AND MAINTENANCE FUNDING. 
Funds are hereby authorized to be appropriated for fis-
cal year 2012 for the use of the Armed Forces and other 
activities and agencies of the Department of Defense for ex-
penses, not otherwise provided for, for operation and main-
tenance, as specified in the funding table in section 4301. 
Subtitle B—Energy and 
Environmental Provisions 
SEC. 
311. 
MODIFICATION 
OF 
ENERGY 
PERFORMANCE 
GOALS. 
(a) MODIFICATION OF GOALS.—Section 2911(e) of title 
10, United States Code, is amended— 
(1) in the subsection heading, by striking 
‘‘GOAL’’ and inserting ‘‘GOALS’’; and 
(2) in paragraph (1)—
† HR 1540 EAS 
(A) by redesignating subparagraphs (A) 
and (B) as subparagraphs (D) and (E), respec-
tively; and 
(B) by inserting before subparagraph (D), 
as redesignated by subparagraph (A) of this 
paragraph, the following new subparagraphs: 
‘‘(A) to produce or procure not less than 12 per-
cent of the total quantity of facility energy it con-
sumes within its facilities during each of fiscal years 
2015 through 2017 from renewable energy sources; 
‘‘(B) to produce or procure not less than 16 per-
cent of the total quantity of facility energy it con-
sumes within its facilities during each of fiscal years 
2018 through 2020 from renewable energy sources; 
‘‘(C) to produce or procure not less than 20 per-
cent of the total quantity of facility energy it con-
sumes within its facilities during each of fiscal years 
2021 through 2024 from renewable energy sources;’’. 
(b) INCLUSION OF DIRECT SOLAR AS ENERGY EFFI-
CIENT PRODUCT.—Section 2915(e)(2)(A) of such title is 
amended by inserting ‘‘direct solar,’’ after ‘‘Roof-top solar 
thermal,’’.
† HR 1540 EAS 
SEC. 312. STREAMLINED ANNUAL REPORT ON DEFENSE EN-
VIRONMENTAL PROGRAMS. 
(a) IN GENERAL.—Chapter 160 of title 10, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 2711. Annual report on defense environmental pro-
grams 
‘‘(a) REPORT REQUIRED.—The Secretary of Defense 
shall submit to Congress each year, not later than 45 days 
after the date on which the President submits to Congress 
the budget for a fiscal year, a report on defense environ-
mental programs. Each report shall include: 
‘‘(1) With respect to environmental restoration 
activities of the Department of Defense, and for each 
of the military departments, the following elements: 
‘‘(A) Information on the Installation Res-
toration Program, including the following: 
‘‘(i) The total number of sites in the 
IRP. 
‘‘(ii) The number of sites in the IRP 
that have reached the Remedy in Place 
Stage and the Response Complete Stage, 
and the change in such numbers in the pre-
ceding calendar year. 
‘‘(iii) A statement of the amount of 
funds allocated by the Secretary for, and the
† HR 1540 EAS 
anticipated progress in implementing, the 
environmental restoration program during 
the fiscal year for which the budget is sub-
mitted. 
‘‘(iv) The Secretary’s assessment of the 
overall progress of the IRP. 
‘‘(B) Information on the Military Muni-
tions Restoration Program (MMRP), including 
the following: 
‘‘(i) The total number of sites in the 
MMRP. 
‘‘(ii) The number of sites that have 
reached the Remedy in Place Stage and the 
Response Complete Stage, and the change in 
such numbers in the preceding calendar 
year. 
‘‘(iii) A statement of the amount of 
funds allocated by the Secretary for, and the 
anticipated progress in implementing, the 
MMRP during the fiscal year for which the 
budget is submitted. 
‘‘(iv) The Secretary’s assessment of the 
overall progress of the MMRP. 
‘‘(2) With respect to each of the major activities 
under the environmental quality program of the De-
† HR 1540 EAS 
partment of Defense and for each of the military de-
partments— 
‘‘(A) a statement of the amount expended, 
or proposed to be expended, during the period 
consisting of the four fiscal years preceding the 
fiscal year in which the report is submitted, the 
fiscal year for which the budget is submitted, 
and the fiscal year following the fiscal year for 
which the budget is submitted; and 
‘‘(B) an explanation for any significant 
change in such amounts during the period cov-
ered. 
‘‘(3) With respect to the environmental tech-
nology program of the Department of Defense— 
‘‘(A) a report on the progress made by in 
achieving the objectives and goals of its environ-
mental technology program during the preceding 
fiscal year and an overall trend analysis for the 
program covering the previous four fiscal years; 
and 
‘‘(B) a statement of the amount expended, 
or proposed to be expended, during the period 
consisting of the four fiscal years preceding the 
fiscal year in which the report is submitted, the 
fiscal year for which the budget is submitted,
† HR 1540 EAS 
and the fiscal year following the fiscal year for 
which the budget is submitted. 
‘‘(b) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘environmental quality program’ 
means a program of activities relating to environ-
mental compliance, conservation, pollution preven-
tion, and other activities relating to environmental 
quality as the Secretary may designate; and 
‘‘(2) the term ‘major activities’ with respect to 
an environmental program means— 
‘‘(A) environmental compliance activities; 
‘‘(B) conservation activities; and 
‘‘(C) pollution prevention activities.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 2710 the following new item: 
‘‘2711. Annual report on defense environmental programs.’’. 
SEC. 313. PAYMENT TO ENVIRONMENTAL PROTECTION 
AGENCY OF STIPULATED PENALTIES IN CON-
NECTION WITH JACKSON PARK HOUSING 
COMPLEX, WASHINGTON. 
(a) AUTHORITY TO TRANSFER FUNDS.— 
(1) TRANSFER AMOUNT.—Using funds described 
in subsection (b) and notwithstanding section 2215 of 
title 10, United States Code, the Secretary of the 
Navy may transfer not more than $45,000 to the
† HR 1540 EAS 
Hazardous Substance Superfund Jackson Park Hous-
ing Complex, Washington, special account. 
(2) PURPOSE
OF
TRANSFER.—The payment 
under paragraph (1) is to pay a stipulated penalty 
assessed by the Environmental Protection Agency on 
October 7, 2009, against the Jackson Park Housing 
Complex, Washington, for the failure by the Navy to 
submit a draft Final Remedial Investigation/Feasi-
bility Study for the Jackson Park Housing Complex 
Operable Unit (OU–3T–JPHC) in accordance with 
the requirements of the Interagency Agreement (Ad-
ministrative Docket No. CERCLA–10–2005–0023). 
(b) SOURCE OF FUNDS.—Any payment under sub-
section (a) shall be made using funds authorized to be ap-
propriated by section 301 for operation and maintenance 
for Environmental Restoration, Navy. 
(c) USE OF FUNDS.—The amount transferred under 
subsection (a) shall be used by the Environmental Protec-
tion Agency to pay the penalty described under paragraph 
(2) of such subsection.
† HR 1540 EAS 
SEC. 314. REQUIREMENTS RELATING TO AGENCY FOR 
TOXIC SUBSTANCES AND DISEASE REGISTRY 
INVESTIGATION OF EXPOSURE TO DRINKING 
WATER CONTAMINATION AT CAMP LEJEUNE, 
NORTH CAROLINA. 
(a) LIMITATION ON USE OF FUNDS.—None of the 
funds authorized to be appropriated by this Act may be 
used to make a final decision on or final adjudication of 
any claim filed regarding water contamination at Marine 
Corps Base Camp Lejeune unless the Agency for Toxic Sub-
stances and Disease Registry completes all epidemiological 
and water modeling studies relevant to such contamination 
that are ongoing as of June 1, 2011, and certifies the com-
pletion of all such studies in writing to the Committees on 
Armed Services for the Senate and the House of Representa-
tives. This provision does not prevent the use of funds for 
routine administrative tasks required to maintain such 
claims nor does it prohibit the use of funds for matters 
pending in Federal court. 
(b) RESOLUTION OF CERTAIN DISPUTES.—The Sec-
retary of the Navy shall make every effort to resolve any 
dispute arising between the Department of the Navy and 
the Agency for Toxic Substances and Disease Registry that 
is covered by the Interagency Agreement between the De-
partment of Health and Human Services Agency for Toxic 
Substances and Disease Registry and the Department of the
† HR 1540 EAS 
Navy or any successor memorandum of understanding and 
signed agreements not later than 60 days after the date on 
which the dispute first arises. In the event the Secretary 
is unable to resolve such a dispute within 60 days, the Sec-
retary shall submit to the congressional defense committees 
a report on the reasons why an agreement has not yet been 
reached, the actions that the Secretary plans to take to reach 
agreement, and the schedule for taking such actions. 
(c) COORDINATION PRIOR TO RELEASING INFORMA-
TION TO THE PUBLIC.—The Secretary of the Navy shall 
make every effort to coordinate with the Agency for Toxic 
Substances and Disease Registry on all issues pertaining 
to water contamination at Marine Corps Base Camp 
Lejeune, and other exposed pathways before releasing any-
thing to the public. 
SEC. 315. DISCHARGE OF WASTES AT SEA GENERATED BY 
SHIPS OF THE ARMED FORCES. 
(a) DISCHARGE RESTRICTIONS FOR SHIPS OF THE 
ARMED FORCES.—Subsection (b) of section 3 of the Act to 
Prevent Pollution from Ships (33 U.S.C. 1902(b)) is 
amended to read as follows: 
‘‘(b)(1) Except as provided in paragraph (3), this Act 
shall not apply to— 
‘‘(A) a ship of the Armed Forces described in 
paragraph (2); or
† HR 1540 EAS 
‘‘(B) any other ship specifically excluded by the 
MARPOL Protocol or the Antarctic Protocol. 
‘‘(2) A ship described in this paragraph is a ship that 
is owned or operated by the Secretary, with respect to the 
Coast Guard, or by the Secretary of a military department, 
and that, as determined by the Secretary concerned— 
‘‘(A) has unique military design, construction, 
manning, or operating requirements; and 
‘‘(B) cannot fully comply with the discharge re-
quirements of Annex V to the Convention because 
compliance is not technologically feasible or would 
impair the operations or operational capability of the 
ship. 
‘‘(3)(A) Notwithstanding any provision of the 
MARPOL Protocol, the requirements of Annex V to the Con-
vention shall apply to all ships referred to in subsection 
(a) other than those described in paragraph (2). 
‘‘(B) A ship that is described in paragraph (2) shall 
limit the discharge into the sea of garbage as follows: 
‘‘(i) The discharge into the sea of plastics, in-
cluding synthetic ropes, synthetic fishing nets, plastic 
garbage bags, and incinerator ashes from plastic 
products that may contain toxic chemicals or heavy 
metals, or the residues thereof, is prohibited.
† HR 1540 EAS 
‘‘(ii) Garbage consisting of the following mate-
rial may be discharged into the sea, subject to sub-
paragraph (C): 
‘‘(I) A non-floating slurry of seawater, 
paper, cardboard, or food waste that is capable 
of passing through a screen with openings no 
larger than 12 millimeters in diameter. 
‘‘(II) Metal and glass that have been shred-
ded and bagged (in compliance with clause (i)) 
so as to ensure negative buoyancy. 
‘‘(III) With regard to a submersible, non-
plastic garbage that has been compacted and 
weighted to ensure negative buoyancy. 
‘‘(IV) Ash from incinerators or other ther-
mal destruction systems not containing toxic 
chemicals, heavy metals, or incompletely burned 
plastics. 
‘‘(C)(i) Garbage described in subparagraph (B)(ii)(I) 
may not be discharged within 3 nautical miles of land. 
‘‘(ii) Garbage described in subclauses (II), (III), and 
(IV) of subparagraph (B)(ii) may not be discharged within 
12 nautical miles of land. 
‘‘(D) Notwithstanding subparagraph (C), a ship de-
scribed in paragraph (2) that is not equipped with garbage- 
processing equipment sufficient to meet the requirements of
† HR 1540 EAS 
subparagraph (B)(ii) may discharge garbage that has not 
been processed in accordance with subparagraph (B)(ii) if 
such discharge occurs as far as practicable from the nearest 
land, but in any case not less than— 
‘‘(i) 12 nautical miles from the nearest land, in 
the case of food wastes and non-floating garbage, in-
cluding paper products, cloth, glass, metal, bottles, 
crockery, and similar refuse; and 
‘‘(ii) 25 nautical miles from the nearest land, in 
the case of all other garbage. 
‘‘(E) This paragraph shall not apply when discharge 
of any garbage is necessary for the purpose of securing the 
safety of the ship, the health of the ship’s personnel, or sav-
ing life at sea. 
‘‘(F) This paragraph shall not apply during time of 
war or a national emergency declared by the President or 
Congress.’’. 
(b) CONFORMING AMENDMENTS.—Section 3(f) of the 
Act to Prevent Pollution from Ships (33 U.S.C. 1902(f)) 
is amended— 
(1) in paragraph (1), by striking ‘‘Annex V to 
the Convention on or before the dates referred to in 
subsections (b)(2)(A) and (c)(1)’’ and inserting ‘‘sub-
section (b)’’; and
† HR 1540 EAS 
(2) in paragraph (2), by inserting ‘‘and sub-
section (b)(3)(B)(i) of this section’’ after ‘‘Annex V to 
the Convention’’. 
SEC. 316. CONSIDERATION OF ENERGY SECURITY AND RE-
LIABILITY IN DEVELOPMENT AND IMPLEMEN-
TATION OF ENERGY PERFORMANCE GOALS. 
Section 2911(c) of title 10, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(12) Opportunities to enhance energy security 
and reliability of defense facilities and missions, in-
cluding through the ability to operate for extended pe-
riods off-grid.’’. 
SEC. 317. INSTALLATION ENERGY METERING REQUIRE-
MENTS. 
The Secretary of Defense shall, to the maximum extent 
practicable, require that the information generated by the 
installation energy meters be captured and tracked to deter-
mine baseline energy consumption and facilitate efforts to 
reduce energy consumption. 
SEC. 318. TRAINING POLICY FOR DEPARTMENT OF DE-
FENSE ENERGY MANAGERS. 
(a) ESTABLISHMENT OF TRAINING POLICY.—The Sec-
retary of Defense shall establish a training policy for De-
partment of Defense energy managers designated for mili-
tary installations in order to—
† HR 1540 EAS 
(1) improve the knowledge, skills, and abilities of 
energy managers by ensuring understanding of exist-
ing energy laws, regulations, mandates, contracting 
options, local renewable portfolio standards, current 
renewable energy technology options, energy auditing, 
and options to reduce energy consumption; 
(2) improve consistency among energy managers 
throughout the Department in the performance of 
their responsibilities; 
(3) create opportunities and forums for energy 
managers to exchange ideas and lessons learned with-
in each military department, as well as across the 
Department of Defense; and 
(4) collaborate with the Department of Energy 
regarding energy manager training. 
(b) ISSUANCE OF POLICY.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall issue the training policy for Department 
of Defense energy managers. 
(c) BRIEFING REQUIREMENT.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary of Defense, or designated representatives of the Sec-
retary, shall brief the Committees on Armed Services of the 
Senate and House of Representatives regarding the details 
of the energy manager policy.
† HR 1540 EAS 
Subtitle C—Workplace and Depot 
Issues 
SEC. 321. MINIMUM CAPITAL INVESTMENT FOR CERTAIN 
DEPOTS. 
Section 2476 of title 10, United States Code, is amend-
ed— 
(1) in subsection (a), by striking ‘‘Each fiscal 
year, the Secretary of a military department shall in-
vest’’ and inserting ‘‘Each fiscal year, it shall be the 
objective of the Secretary of a military department to 
invest’’; 
(2) in subsection (b)— 
(A) by striking ‘‘includes investment funds 
spent on depot infrastructure, equipment, and 
process improvement in direct support’’ and in-
serting ‘‘includes investment funds spent to mod-
ernize or improve the efficiency of depot facili-
ties, equipment, work environment, or processes 
in direct support’’; and 
(B) by adding at the end the following: ‘‘It 
does not include funds spent for any other repair 
or activity to maintain or sustain existing facili-
ties, infrastructure, or equipment.’’; 
(3) in subsection (d)—
† HR 1540 EAS 
(A) by striking ‘‘(1) Not later than’’ and in-
serting ‘‘Not later than’’; 
(B) by striking ‘‘summarizing the level of 
capital investment for each military depart-
ment’’ and inserting ‘‘summarizing the level of 
capital investment in the military departments’’; 
and 
(C) by striking paragraph (2); and 
(4) in subsection (e)(1), by adding at the end the 
following new subparagraphs: 
‘‘(I) Crane Ammunition Activity, Indiana. 
‘‘(J) McAlester Ammunition Plant, Okla-
homa. 
‘‘(K) Radford Ammunition Plant, Virginia. 
‘‘(L) Lake City Ammunition Plant, Mis-
souri. 
‘‘(M) Holsten Ammunition Plant, Ten-
nessee. 
‘‘(N) Scranton Ammunition Plant, Pennsyl-
vania. 
‘‘(O) Iowa Ammunition Plant, Iowa. 
‘‘(P) Milan Ammunition Plant, Tennessee. 
‘‘(Q) Joint System Manufacturing Center, 
Lima Ohio.’’.
† HR 1540 EAS 
SEC. 322. LIMITATION ON REVISING THE DEFINITION OF 
DEPOT-LEVEL MAINTENANCE. 
(a) LIMITATION.—The Secretary of Defense or any of 
the Secretaries of the military departments may not issue 
guidance, regulations, policy, or revisions to any Depart-
ment of Defense or service instructions containing a revi-
sion to the definition of depot-level maintenance unless the 
Secretary submits to the congressional defense committees 
the report described in subsection (b). 
(b) REPORT.—The report referred to in subsection (a) 
is a report prepared by the Defense Business Board regard-
ing the advisability of establishing a single definition of 
depot-level maintenance, taking into consideration— 
(1) the total industrial capacity, both in the pri-
vate sector industry and in the depots; 
(2) the importance of establishing requirements 
and allocating workload on the basis of sound busi-
ness case analyses; and 
(3) establishing transparency and accountability 
in the development of the core workload requirements 
and in the allocation of workload under the require-
ments in section 2466 of title 10, United States Code.
† HR 1540 EAS 
SEC. 323. DESIGNATION OF MILITARY INDUSTRIAL FACILI-
TIES AS CENTERS OF INDUSTRIAL AND TECH-
NICAL EXCELLENCE. 
Section 2474(a)(1) of title 10, United States Code, is 
amended by inserting ‘‘and may designate any military in-
dustrial facility’’ after ‘‘shall designate each depot-level ac-
tivity’’. 
SEC. 324. REPORTS ON DEPOT-RELATED ACTIVITIES. 
(a) REPORT ON DEPOT-LEVEL MAINTENANCE AND RE-
CAPITALIZATION OF CERTAIN PARTS AND EQUIPMENT.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of 
Defense in consultation with the military depart-
ments, shall submit to the congressional defense com-
mittees a report on the status of the Drawdown, Ret-
rograde and Reset Program for the equipment used in 
support of operations in Iraq and Afghanistan and 
the status of the overall supply chain management for 
depot-level activities. 
(2) ELEMENTS.—The report required under 
paragraph (1) shall include the following elements: 
(A) An assessment of the number of back-
logged parts for critical warfighter needs, an ex-
planation of why those parts became backlogged, 
and an estimate of when the backlog is likely to 
be fully addressed.
† HR 1540 EAS 
(B) A review of critical warfighter require-
ments that are being impacted by a lack of sup-
plies and parts and an explanation of steps that 
the Director plans to take to meet the demand re-
quirements of the military departments. 
(C) An assessment of the feasibility and ad-
visability of working with outside commercial 
partners to utilize flexible and efficient turn-key 
rapid production systems to meet rapidly emerg-
ing warfighter requirements. 
(D) A review of plans to further consolidate 
the ordering and stocking of parts and supplies 
from the military departments at depots under 
the control of the Defense Logistics Agency. 
(3) FLEXIBLE AND EFFICIENT TURN-KEY RAPID 
PRODUCTION SYSTEMS DEFINED.—For the purposes of 
this subsection, flexible and efficient turn-key rapid 
production systems are systems that have dem-
onstrated the capability to reduce the costs of parts, 
improve manufacturing efficiency, and have the fol-
lowing unique features: 
(A) VIRTUAL AND FLEXIBLE.—Systems that 
provide for flexibility to rapidly respond to re-
quests for low-volume or high-volume machined 
parts and surge demand by accessing the full ca-
† HR 1540 EAS 
pacity of small- and medium-sized manufac-
turing communities in the United States. 
(B) SPEED TO MARKET.—Systems that pro-
vide for flexibility that allows rapid introduction 
of subassemblies for new parts and weapons sys-
tems to the warfighter. 
(C) RISK MANAGEMENT.—Systems that pro-
vide for the electronic archiving and updating of 
turn-key rapid production packages to provide 
insurance to the Department of Defense that 
parts will be available if there is a supply chain 
disruption. 
(b) REPORT ON THE ALIGNMENT, ORGANIZATIONAL 
REPORTING, AND PERFORMANCE RATING OF AIR FORCE 
SYSTEM PROGRAM MANAGERS, SUSTAINMENT PROGRAM 
MANAGERS, AND PRODUCT SUPPORT MANAGERS AT AIR 
LOGISTICS CENTERS OR AIR LOGISTICS COMPLEXES.— 
(1) REPORT REQUIRED.—The Secretary of the 
Air Force shall enter into an agreement with a feder-
ally funded research and development center to sub-
mit to the congressional defense committees, not later 
than 180 days after the date of the enactment of this 
Act, a report on the alignment, organizational report-
ing, and performance rating of Air Force system pro-
gram managers, sustainment program managers, and
† HR 1540 EAS 
product support managers at Air Logistics Centers or 
Air Logistics Complexes. 
(2) ELEMENTS.—The report required under 
paragraph (1) shall include the following elements: 
(A) Consideration of the proposed reorga-
nization of Air Force Materiel Command an-
nounced on November 2, 2011. 
(B) An assessment of how various alter-
natives for aligning the managers described in 
subsection (a) within Air Force Materiel Com-
mand would likely support and impact life cycle 
management, weapon system sustainment, and 
overall support to the warfighter. 
(C) With respect to the alignment of the 
managers described in subsection (A), an exam-
ination of how the Air Force should be organized 
to best conduct life cycle management and weap-
on system sustainment, with any analysis of cost 
and savings factors subject to the consideration 
of overall readiness. 
(D) Recommended alternatives for meeting 
these objectives. 
(3) COOPERATION
OF
SECRETARY
OF
AIR 
FORCE.—The Secretary of the Air Force shall provide 
any necessary information and background materials
† HR 1540 EAS 
necessary for completion of the report required under 
paragraph (1). 
Subtitle D—Reports 
SEC. 331. STUDY ON AIR FORCE TEST AND TRAINING 
RANGE INFRASTRUCTURE. 
(a) STUDY.— 
(1) IN
GENERAL.—The Secretary of the Air 
Force shall conduct a study on the ability of the 
major air test and training range infrastructure, in-
cluding major military operating area airspace and 
special use airspace, to support the full spectrum of 
Air Force operations. The Secretary shall incorporate 
the results of the study into a master plan for require-
ments and proposed investments to meet Air Force 
training and test needs through 2025. The study and 
the master plan shall be known as the ‘‘2025 Air Test 
and Training Range Enhancement Plan’’. 
(2) CONSULTATION.—The Secretary of the Air 
Force shall, in conducting the study required under 
paragraph (1), consult with the Secretaries of the 
other military departments to determine opportuni-
ties for joint use and training of the ranges, and to 
assess the requirements needed to support combined 
arms training on the ranges. The Secretary shall also 
consult with the Department of the Interior, the De-
† HR 1540 EAS 
partment of Agriculture, the Federal Aviation Admin-
istration, the Federal Energy Regulation Commission, 
and the Department of Energy to assess the need for 
transfers of administrative control of certain parcels 
of airspace and land to the Department of Defense to 
protect the missions and control of the ranges. 
(3) CONTINUATION OF RANGE INFRASTRUCTURE 
IMPROVEMENTS.—The Secretary of the Air Force may 
proceed with all ongoing and scheduled range infra-
structure improvements while conducting the study 
required under paragraph (1). 
(b) REPORTS.— 
(1) IN
GENERAL.—The Secretary of the Air 
Force shall submit to the congressional defense com-
mittees an interim report and a final report on the 
plan to meet the requirements under subsection (a) 
not later than one year and two years, respectively, 
after the date of the enactment of this Act. 
(2) CONTENT.—The plan submitted under para-
graph (1) shall— 
(A) document the current condition and 
adequacy of the major Air Force test and train-
ing range infrastructure in the United States to 
meet test and training requirements;
† HR 1540 EAS 
(B) identify potential areas of concern for 
maintaining the physical safety, security, and 
current operating environment of such infra-
structure; 
(C) identify potential issues and threats re-
lated to the sustainability of the test and train-
ing infrastructure, including electromagnetic 
spectrum encroachment, overall bandwidth avail-
ability, and protection of classified information; 
(D) assess coordination among ranges and 
local, state, regional, and Federal entities in-
volved in land use planning, and develop rec-
ommendations on how to improve communica-
tion and coordination of such entities; 
(E) propose remedies and actions to man-
age economic development on private lands on or 
surrounding the test and training infrastructure 
to preserve current capabilities; 
(F) identify critical parcels of land not cur-
rently under the control of the Air Force for ac-
quisition of deed or restrictive easements in order 
to protect current operations, access and egress 
corridors, and range boundaries, or to expand 
the capability of the air test and training 
ranges;
† HR 1540 EAS 
(G) identify which parcels identified pursu-
ant to subparagraph (F) could, through the ac-
quisition of conservation easements, serve mili-
tary interests while also preserving recreational 
access to public and private lands, protecting 
wildlife habitat, or preserving opportunities for 
energy development and energy transmission; 
(H) prioritize improvements and mod-
ernization of the facilities, equipment, and tech-
nology supporting the infrastructure in order to 
provide a test and training environment that ac-
curately simulates and or portrays the full spec-
trum of threats and targets of likely United 
States adversaries in 2025; 
(I) incorporate emerging requirements gen-
erated by requirements for virtual training and 
new weapon systems, including the F–22, the F– 
35, space and cyber systems, and Remotely Pi-
loted Aircraft; 
(J) assess the value of State and local legis-
lative initiatives to protect Air Force test and 
training range infrastructure; 
(K) identify parcels with no value to future 
military operations;
100 
† HR 1540 EAS 
(L) propose a list of prioritized projects, 
easements, acquisitions, or other actions, includ-
ing estimated costs required to upgrade the test 
and training range infrastructure, taking into 
consideration the criteria set forth in this para-
graph; and 
(M) explore opportunities to increase for-
eign military training with United States allies 
at test and training ranges in the continental 
United States. 
(3) FORM.—Each report required under this sub-
section shall be submitted in unclassified form, but 
may include a classified annex as necessary. 
(4) RULE OF CONSTRUCTION.—The reports sub-
mitted under this section shall not be construed as 
meeting the requirements of section 2815(d) of the 
Military Construction Authorization Act for Fiscal 
Year 2000 (Public Law 106–65; 113 Stat. 852). 
SEC. 332. STUDY ON TRAINING RANGE INFRASTRUCTURE 
FOR SPECIAL OPERATIONS FORCES. 
(a) STUDY.— 
(1) IN GENERAL.—The Commander of the United 
States Special Operations Command shall conduct a 
study on the ability of existing training ranges used 
by special operations forces, including military oper-
101 
† HR 1540 EAS 
ating area airspace and special use airspace, to sup-
port the full spectrum of missions and operations as-
signed to special operations forces. 
(2) CONSULTATION.—The Commander shall, in 
conducting the study required under paragraph (1), 
consult with the Secretaries of the military depart-
ments, the Office of the Secretary of Defense, and the 
Joint Staff on— 
(A) procedures and priorities for joint use 
and training on ranges operated by the military 
services, and to assess the requirements needed to 
support combined arms training on the ranges; 
and 
(B) requirements and proposed investments 
to meet special operations training requirements 
through 2025. 
(b) REPORTS.— 
(1) IN GENERAL.—Not later than one year after 
the date of the enactment of this Act, the Commander 
shall submit to the congressional defense committees a 
report on the plan to meet the requirements under 
subsection (a). 
(2) CONTENT.—The study submitted under para-
graph (1) shall—
102 
† HR 1540 EAS 
(A) assess the current condition and ade-
quacy of, and access to, all existing training 
ranges in the United States used by special oper-
ations forces; 
(B) identify potential areas of concern for 
maintaining the physical safety, security, and 
current operating environment of ranges used by 
special operations forces; 
(C) identify issues and challenges related to 
the availability and sustainability of the existing 
training ranges used by special operations forces, 
including support of a full spectrum of oper-
ations and protection of classified missions and 
tactics; 
(D) assess coordination among ranges and 
local, State, regional, and Federal entities in-
volved in land use planning and the protection 
of ranges from encroachment; 
(E) propose remedies and actions to ensure 
consistent and prioritized access to existing 
ranges; 
(F) prioritize improvements and mod-
ernization of the facilities, equipment, and tech-
nology supporting the ranges in order to ade-
103 
† HR 1540 EAS 
quately simulate the full spectrum of threats and 
contingencies for special operations forces; and 
(G) propose a list of prioritized projects, 
easements, acquisitions, or other actions, includ-
ing estimated costs required to upgrade training 
range infrastructure. 
(3) FORM.—Each report required under this sub-
section shall be submitted in unclassified form, but 
may include a classified annex as necessary. 
SEC. 
333. 
GUIDANCE 
TO 
ESTABLISH 
NON-TACTICAL 
WHEELED VEHICLE AND EQUIPMENT SERV-
ICE LIFE EXTENSION PROGRAMS TO ACHIEVE 
COST SAVINGS. 
Not later than 270 days after the date of the enactment 
of this Act, the Secretary of Defense shall conduct a survey 
of the quantity and condition of each class of non-tactical 
wheeled vehicles and base-level commercial equipment in the 
fleets of the military departments and report to the congres-
sional defense committees on the advisability of establishing 
service life extension programs for such classes of vehicles. 
SEC. 334. MODIFIED DEADLINE FOR ANNUAL REPORT ON 
BUDGET SHORTFALLS FOR IMPLEMENTATION 
OF OPERATIONAL ENERGY STRATEGY. 
Section 138c(e)(4) of title 10, United States Code, as 
transferred and redesignated by section 901(b)(7) of the Ike
104 
† HR 1540 EAS 
Skelton National Defense Authorization Act for Fiscal Year 
2011 (Public Law 111–383; 124 Stat. 4320), is amended— 
(1) by striking ‘‘10 days after the date on which 
the budget for a fiscal year is submitted pursuant to 
section 1105 of title 31’’ and inserting ‘‘March 31 
each year, beginning March 31, 2012’’; and 
(2) by striking ‘‘for that fiscal year’’ and insert-
ing ‘‘for the fiscal year beginning in that calendar 
year’’. 
Subtitle E—Other Matters 
SEC. 341. EXTENSION OF AUTHORITY FOR ARMY INDUS-
TRIAL FACILITIES TO ENTER INTO COOPERA-
TIVE AGREEMENTS WITH NON-ARMY ENTI-
TIES. 
(a) EXTENSION OF AUTHORITY.—Section 4544 of title 
10, United States Code, is amended— 
(1) in subsection (a), by striking ‘‘enter into not 
more than eight contracts or cooperative agreements’’ 
and all that follows through the period at the end and 
inserting ‘‘enter into not more than 15 contracts or 
cooperative agreements in any fiscal year.’’; and 
(2) in subsection (k), by striking ‘‘September 30, 
2014’’ and inserting ‘‘September 30, 2025’’. 
(b) APPROVAL AUTHORITY.—Subsection (f) of such sec-
tion is amended by striking ‘‘exercised at the level of the
105 
† HR 1540 EAS 
commander of the major subordinate command’’ and all 
that follows through ‘‘The commander may approve’’ and 
inserting ‘‘exercised at the level of the Commander of Army 
Materiel Command. The Commander may approve’’. 
SEC. 342. WORKING-CAPITAL FUND ACCOUNTING. 
Section 2208(k) of title 10, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(3) All capital assets financed by a working-capital 
fund and subject to paragraph (2) shall be capitalized and 
depreciated for budgeting, rate setting, and financial ac-
counting purposes. Procurements not subject to paragraph 
(2) shall be immediately expensed and shall not be capital-
ized or depreciated in financial accounting records or re-
ported on financial statements as an asset.’’. 
SEC. 343. COMMERCIAL SALE OF SMALL ARMS AMMUNITION 
AND 
SMALL 
ARMS 
AMMUNITION 
COMPO-
NENTS IN EXCESS OF MILITARY REQUIRE-
MENTS, AND FIRED CARTRIDGE CASES. 
Section 346 of the Ike Skelton National Defense Au-
thorization Act for Fiscal Year 2011 (Public Law 111–383; 
124 Stat. 4191; 10 U.S.C. 2576 note) is amended to read 
as follows:
106 
† HR 1540 EAS 
‘‘SEC. 346. COMMERCIAL SALE OF SMALL ARMS AMMUNI-
TION AND SMALL ARMS AMMUNITION COMPO-
NENTS IN EXCESS OF MILITARY REQUIRE-
MENTS, AND FIRED CARTRIDGE CASES. 
‘‘(a) COMMERCIAL SALE OF SMALL ARMS AMMUNI-
TION, SMALL AMMUNITION COMPONENTS, AND FIRED CAR-
TRIDGE CASES.—Small arms ammunition and small am-
munition components which are in excess of military re-
quirements, and intact fired small arms cartridge cases 
shall be made available for commercial sale. Such small 
arms ammunition, small arms ammunition components, 
and intact fired cartridge cases shall not be demilitarized, 
destroyed, or disposed of, unless in excess of commercial de-
mands or certified by the Secretary of Defense as unservice-
able or unsafe. This provision shall not apply to ammuni-
tion, ammunition components, or fired cartridge cases 
stored or expended outside the continental United States 
(OCONUS). 
‘‘(b) DEADLINE FOR GUIDANCE.—Not later than 90 
days after the date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2012, the Secretary of 
Defense shall issue guidance to ensure compliance with sub-
section (a). Not later than 15 days after issuing such guid-
ance, the Secretary shall submit to the congressional defense 
committees a letter of compliance providing notice of such 
guidance.
107 
† HR 1540 EAS 
‘‘(c) PREFERENCE.—No small arms ammunition or 
small arms ammunition components in excess of military 
requirements, or fired small arms cartridge cases may be 
made available for commercial sale under this section before 
such ammunition and ammunition components are offered 
for transfer or purchase, as authorized by law, to another 
Federal department or agency or for sale to State and local 
law enforcement, firefighting, homeland security, and emer-
gency management agencies pursuant to section 2576 of 
title 10, United States Code, as amended by this Act. 
‘‘(d) SALES CONTROLS.—All small arms ammunition 
and small arms ammunition components, and fired small 
arms cartridge cases made available for commercial sale 
under this section shall be subject to all explosives safety 
and trade security controls in effect at the time of sale. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) SMALL
ARMS
AMMUNITION.—The term 
‘small arms ammunition’ means ammunition or ord-
nance for firearms up to and including .50 caliber 
and for shotguns. 
‘‘(2) SMALL ARMS AMMUNITION COMPONENTS.— 
The term ‘small arms ammunition components’ 
means components, parts, accessories, and attach-
ments associated with small arms ammunition.
108 
† HR 1540 EAS 
‘‘(3) FIRED CARTRIDGE CASES.—The term ‘fired 
cartridge cases’ means expended small arms cartridge 
cases (ESACC).’’. 
SEC. 344. AUTHORITY TO ACCEPT CONTRIBUTIONS OF 
FUNDS TO STUDY OPTIONS FOR MITIGATING 
ADVERSE EFFECTS OF PROPOSED OBSTRUC-
TIONS ON MILITARY INSTALLATIONS. 
Section 358(g) of the Ike Skelton National Defense Au-
thorization Act for Fiscal Year 2011 (Public Law 111–383; 
124 Stat. 4201; 10 U.S.C. 44718 note) is amended by 
amending the second sentence to read as follows: ‘‘Amounts 
so accepted shall be and will remain available until ex-
pended for the purpose of offsetting the cost of measures un-
dertaken by the Secretary of Defense to mitigate adverse im-
pacts of such project on military operations and readiness 
and the cost of studying options for mitigating such adverse 
impacts.’’. 
SEC. 345. UTILITY DISRUPTIONS TO MILITARY INSTALLA-
TIONS. 
(a) POLICY.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
develop guidance for commanders of military installations 
inside the United States on planning measures to minimize 
the effects in the event of a disruption of services by a utility
109 
† HR 1540 EAS 
that sells natural gas, water, or electric energy to a military 
installation in the United States. 
(b) INSTALLATION PLANS.—The guidance developed 
pursuant to subsection (a) shall require that, subject to such 
exceptions as the Secretary may determine to be appro-
priate, commanders of military installations inside the 
United States develop appropriate action plans to mini-
mize the effects of events described in subsection (a). 
(c) COMPTROLLER GENERAL REPORT.—Not later than 
2 years after the date of the enactment of this Act, the 
Comptroller General of the United States shall review the 
actions taken pursuant to this section and submit to Con-
gress a report on the guidance developed pursuant to sub-
section (a), the plans developed pursuant to subsection (b), 
and any additional measures that may be needed to mini-
mize the effects of an unplanned disruption of services by 
utilities as described in subsection (a). 
SEC. 346. ELIGIBILITY OF ACTIVE AND RESERVE MEMBERS, 
RETIREES, GRAY AREA RETIREES, AND DE-
PENDENTS FOR SPACE-AVAILABLE TRAVEL 
ON MILITARY AIRCRAFT. 
(a) IN GENERAL.—Chapter 157 of title 10, United 
States Code, is amended by inserting after section 2641b 
the following new section:
110 
† HR 1540 EAS 
‘‘§ 2641c. Space-available travel on department of de-
fense aircraft: eligibility 
‘‘(a) AUTHORITY
TO
ESTABLISH
BENEFIT
PRO-
GRAM.—The Secretary of Defense may establish a program 
to provide transportation on Department of Defense air-
craft on a space-available basis. The program shall be con-
ducted in a budget neutral manner. 
‘‘(b) BENEFIT.—If the Secretary establishes such a 
program, the Secretary shall, subject to section (c), provide 
the benefit equally to the following individuals: 
‘‘(1) Active duty members and members of the 
Selected Reserve holding a valid Uniformed Services 
Identification and Privilege Card. 
‘‘(2) A retired member of an active or reserve 
component, including retired members of reserve com-
ponents, who, but for being under the eligibility age 
applicable to the member under section 12731 of this 
title, would be eligible for retired pay under chapter 
1223 of this title. 
‘‘(3) An unremarried widow or widower of an 
active or reserve component member of the armed 
forces. 
‘‘(4) A dependent that— 
‘‘(A)(i) is the child of an active or reserve 
component member or former member described 
in paragraph (1) or (2); or
111 
† HR 1540 EAS 
‘‘(ii) is the child of a deceased member enti-
tled to retired pay holding a valid Uniformed 
Services Identification and Privilege Card and a 
surviving unremarried spouse; and 
‘‘(B) is accompanying the member or, in the 
case of a deceased member, is the surviving 
unremarried spouse of the deceased member or is 
a 
dependent 
accompanying 
the 
surviving 
unremarried spouse of the deceased member. 
‘‘(5) The surviving dependent of a deceased mem-
ber or former member described in paragraph (2) 
holding a valid Uniformed Services Identification 
and Privilege Card, if the dependent is accompanying 
the member or, in the case of a deceased member, is 
the surviving unremarried spouse of the deceased 
member or is a dependent accompanying the sur-
viving unremarried spouse of the deceased member. 
‘‘(6) Other such individuals as determined by the 
Secretary in the Secretary’s discretion. 
‘‘(c) DISCRETION TO ESTABLISH PRIORITY ORDER.— 
The Secretary, in establishing a program under this section, 
may establish an order of priority that is based on consider-
ations of military needs and military readiness.’’.
112 
† HR 1540 EAS 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 2641b the following new item: 
‘‘2641c. Space-available travel on Department of Defense aircraft: eligibility.’’. 
(c) REQUIREMENT FOR COMPTROLLER GENERAL RE-
VIEW.— 
(1) IN GENERAL.—The Comptroller General of 
the United States shall conduct a review of the De-
partment of Defense system for space-available travel. 
The review shall determine the capacity of the system 
presently and as projected in the future and shall ex-
amine the efficiency and usage of space-available 
travel. 
(2) ELEMENTS.—The review required under 
paragraph (1) shall include the following elements: 
(A) A discussion of the efficiency of the sys-
tem and data regarding usage of available space 
by category of passengers under existing regula-
tions. 
(B) Estimates of the effect on availability 
based on future projections. 
(C) A discussion of the logistical and man-
agements problems, including congestion at ter-
minals, waiting times, lodging availability, and 
personal hardships currently experienced by 
travelers.
113 
† HR 1540 EAS 
(D) An evaluation of the cost of the system 
and whether space-available travel is and can re-
main cost-neutral. 
(E) Other factors relating to the efficiency 
and cost effectiveness of space available travel. 
TITLE IV—MILITARY PERSONNEL 
AUTHORIZATIONS 
Subtitle A—Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
The Armed Forces are authorized strengths for active 
duty personnel as of September 30, 2012, as follows: 
(1) The Army, 562,000. 
(2) The Navy, 325,700. 
(3) The Marine Corps, 202,100. 
(4) The Air Force, 332,800. 
Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL.—The Armed Forces are authorized 
strengths for Selected Reserve personnel of the reserve com-
ponents as of September 30, 2012, as follows: 
(1) The Army National Guard of the United 
States, 358,200. 
(2) The Army Reserve, 205,000. 
(3) The Navy Reserve, 66,200. 
(4) The Marine Corps Reserve, 39,600.
114 
† HR 1540 EAS 
(5) The Air National Guard of the United 
States, 106,700. 
(6) The Air Force Reserve, 71,400. 
(7) The Coast Guard Reserve, 10,000. 
(b) END STRENGTH REDUCTIONS.—The end strengths 
prescribed by subsection (a) for the Selected Reserve of any 
reserve component shall be proportionately reduced by— 
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of such 
component which are on active duty (other than for 
training) at the end of the fiscal year; and 
(2) the total number of individual members not 
in units organized to serve as units of the Selected 
Reserve of such component who are on active duty 
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end 
of the fiscal year. 
(c) END STRENGTH INCREASES.—Whenever units or 
individual members of the Selected Reserve of any reserve 
component are released from active duty during any fiscal 
year, the end strength prescribed for such fiscal year for 
the Selected Reserve of such reserve component shall be in-
creased proportionately by the total authorized strengths of 
such units and by the total number of such individual mem-
bers.
115 
† HR 1540 EAS 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 
DUTY IN SUPPORT OF THE RESERVES. 
Within the end strengths prescribed in section 411(a), 
the reserve components of the Armed Forces are authorized, 
as of September 30, 2012, the following number of Reserves 
to be serving on full-time active duty or full-time duty, in 
the case of members of the National Guard, for the purpose 
of organizing, administering, recruiting, instructing, or 
training the reserve components: 
(1) The Army National Guard of the United 
States, 32,060. 
(2) The Army Reserve, 16,261. 
(3) The Navy Reserve, 10,688. 
(4) The Marine Corps Reserve, 2,261. 
(5) The Air National Guard of the United 
States, 14,584. 
(6) The Air Force Reserve, 2,992. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 
(DUAL STATUS). 
The minimum number of military technicians (dual 
status) as of the last day of fiscal year 2012 for the reserve 
components of the Army and the Air Force (notwith-
standing section 129 of title 10, United States Code) shall 
be the following: 
(1) For the Army Reserve, 8,395.
116 
† HR 1540 EAS 
(2) For the Army National Guard of the United 
States, 27,210. 
(3) For the Air Force Reserve, 10,720. 
(4) For the Air National Guard of the United 
States, 22,394. 
SEC. 414. FISCAL YEAR 2012 LIMITATION ON NUMBER OF 
NON-DUAL STATUS TECHNICIANS. 
(a) LIMITATIONS.— 
(1) NATIONAL
GUARD.—Within the limitation 
provided in section 10217(c)(2) of title 10, United 
States Code, the number of non-dual status techni-
cians employed by the National Guard as of Sep-
tember 30, 2012, may not exceed the following: 
(A) For the Army National Guard of the 
United States, 1,600. 
(B) For the Air National Guard of the 
United States, 350. 
(2) ARMY RESERVE.—The number of non-dual 
status technicians employed by the Army Reserve as 
of September 30, 2012, may not exceed 595. 
(3) AIR FORCE RESERVE.—The number of non- 
dual status technicians employed by the Air Force 
Reserve as of September 30, 2012, may not exceed 90. 
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 
this section, the term ‘‘non-dual status technician’’ has the
117 
† HR 1540 EAS 
meaning given that term in section 10217(a) of title 10, 
United States Code. 
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
THORIZED TO BE ON ACTIVE DUTY FOR 
OPERATIONAL SUPPORT. 
During fiscal year 2012, the maximum number of 
members of the reserve components of the Armed Forces who 
may be serving at any time on full-time operational sup-
port duty under section 115(b) of title 10, United States 
Code, is the following: 
(1) The Army National Guard of the United 
States, 17,000. 
(2) The Army Reserve, 13,000. 
(3) The Navy Reserve, 6,200. 
(4) The Marine Corps Reserve, 3,000. 
(5) The Air National Guard of the United 
States, 16,000. 
(6) The Air Force Reserve, 14,000. 
Subtitle C—Authorization of 
Appropriations 
SEC. 421. MILITARY PERSONNEL. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
hereby authorized to be appropriated for military personnel 
for fiscal year 2012 a total of $142,347,648,000.
118 
† HR 1540 EAS 
(b) CONSTRUCTION OF AUTHORIZATION.—The author-
ization of appropriations in subsection (a) supersedes any 
other authorization of appropriations (definite or indefi-
nite) for such purpose for fiscal year 2012. 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel Policy 
Generally 
SEC. 501. INCREASE IN AUTHORIZED STRENGTHS FOR MA-
RINE CORPS OFFICERS ON ACTIVE DUTY. 
Section 523(a)(1) of title 10, United States Code, is 
amended by striking those parts of the table pertaining to 
the Marine Corps and inserting the following: 
‘‘Marine Corps: ......................................
10,000 .................................................
2,802 
1,615 
633
12,500 .................................................
3,247 
1,768 
658
15,000 .................................................
3,691 
1,922 
684
17,500 .................................................
4,135 
2,076 
710
20,000 .................................................
4,579 
2,230 
736
22,500 .................................................
5,024 
2,383 
762
25,000 .................................................
5,468 
2,537 
787’’. 
SEC. 502. VOLUNTARY RETIREMENT INCENTIVE. 
(a) IN GENERAL.—Chapter 36 of title 10, United 
States Code, is amended by inserting after section 638a the 
following new section: 
‘‘§ 638b. Voluntary retirement incentive 
‘‘(a) INCENTIVE FOR VOLUNTARY RETIREMENT FOR 
CERTAIN OFFICERS.—The Secretary of Defense may au-
thorize the Secretary of a military department to provide
119 
† HR 1540 EAS 
a voluntary retirement incentive payment in accordance 
with this section to an officer of the armed forces under 
that Secretary’s jurisdiction who is specified in subsection 
(b) as being eligible for such a payment. Any such authority 
provided the Secretary of a military department under the 
preceding sentence shall expire as specified by the Secretary 
of Defense, but not later than December 31, 2018. 
‘‘(b) ELIGIBLE OFFICERS.—(1) Except as provided in 
paragraph (2), an officer of the armed forces is eligible for 
a voluntary retirement incentive payment under this sec-
tion if the officer— 
‘‘(A) has served on active duty for more than 20 
years, but not more than 29 years, on the approved 
date of retirement; 
‘‘(B) meets the minimum length of commissioned 
service requirement for voluntary retirement as a 
commissioned officer in accordance with section 3911, 
6323, or 8911 of this title, as applicable to that offi-
cer; 
‘‘(C) on the approved date of retirement, has 12 
months or more remaining on active-duty service be-
fore reaching the maximum retirement years of active 
service for the member’s grade as specified in section 
633 or 634 of this title;
120 
† HR 1540 EAS 
‘‘(D) on the approved date of retirement, has 12 
months or more remaining on active-duty service be-
fore reaching the maximum retirement age under any 
other provision of law; and 
‘‘(E) meets any additional requirements for such 
eligibility as is specified by the Secretary concerned, 
including any requirement relating to years of serv-
ice, skill rating, military specialty or competitive cat-
egory, grade, any remaining period of obligated serv-
ice, or any combination thereof. 
‘‘(2) The following officers are not eligible for a vol-
untary retirement incentive payment under this section: 
‘‘(A) An officer being evaluated for disability 
under chapter 61 of this title. 
‘‘(B) An officer projected to be retired under sec-
tion 1201 or 1204 of this title. 
‘‘(C) An officer projected to be discharged with 
disability severance pay under section 1212 of this 
title. 
‘‘(D) A member transferred to the temporary dis-
ability retired list under section 1202 or 1205 of this 
title. 
‘‘(E) An officer subject to pending disciplinary 
action or subject to administrative separation or
121 
† HR 1540 EAS 
mandatory discharge under any other provision of 
law or regulation. 
‘‘(c) AMOUNT OF PAYMENT.—The amount of the vol-
untary retirement incentive payment paid an officer under 
this section shall be an amount determined by the Secretary 
concerned, but not to exceed an amount equal to 12 times 
the amount of the officer’s monthly basic pay at the time 
of the officer’s retirement. The amount may be paid in a 
lump sum at the time of retirement. 
‘‘(d) REPAYMENT FOR MEMBERS WHO RETURN TO AC-
TIVE DUTY.—(1) Except as provided in paragraph (2), a 
member of the armed forces who, after having received all 
or part of a voluntary retirement incentive under this sec-
tion, returns to active duty shall have deducted from each 
payment of basic pay, in such schedule of monthly install-
ments as the Secretary concerned shall specify, until the 
total amount deducted from such basic pay equals the total 
amount of voluntary retirement incentive received. 
‘‘(2) Members who are involuntarily recalled to active 
duty or full-time National Guard duty under any provision 
of law shall not be subject to this subsection. 
‘‘(3) The Secretary of Defense may waive, in whole or 
in part, repayment required under paragraph (1) if the 
Secretary determines that recovery would be against equity 
and good conscience or would be contrary to the best interest
122 
† HR 1540 EAS 
of the United States. The authority in this paragraph may 
be delegated only to the Under Secretary of Defense for Per-
sonnel and Readiness and the Principal Deputy Under Sec-
retary of Defense of Personnel and Readiness.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of subchapter IV of chapter 36 of such title 
is amended by inserting after the item relating to section 
638a the following new item: 
‘‘638b. Voluntary retirement incentive.’’. 
SEC. 503. NATIONAL DEFENSE UNIVERSITY OUTPLACE-
MENT WAIVER. 
(a) WAIVER AUTHORITY FOR OFFICERS NOT DES-
IGNATED AS JOINT QUALIFIED OFFICERS.—Subsection (b) 
of section 663 of title 10, United States Code, is amended— 
(1) in paragraph (1), by inserting after ‘‘to a 
joint duty assignment’’ the following: ‘‘(or, as author-
ized by the Secretary in an individual case, to a joint 
assignment other than a joint duty assignment)’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘the joint duty assignment’’ 
and inserting ‘‘the assignment’’; and 
(B) by striking ‘‘a joint duty assignment’’ 
and inserting ‘‘such an assignment’’. 
(b) EXCEPTION.—Such section is further amended by 
adding at the end the following new subsection:
123 
† HR 1540 EAS 
‘‘(d) EXCEPTION FOR OFFICERS GRADUATING FROM 
OTHER-THAN-IN-RESIDENCE PROGRAMS.—(1) Subsection 
(a) does not apply to an officer graduating from a school 
within the National Defense University specified in sub-
section (c) following pursuit of a program on an other-than- 
in-residence basis. 
‘‘(2) Subsection (b) does not apply with respect to any 
group of officers graduating from a school within the Na-
tional Defense University specified in subsection (c) fol-
lowing pursuit of a program on an other-than-in-residence 
basis.’’. 
SEC. 504. MODIFICATION OF DEFINITION OF ‘‘JOINT DUTY 
ASSIGNMENT’’ TO INCLUDE ALL INSTRUCTOR 
ASSIGNMENTS FOR JOINT TRAINING AND 
EDUCATION. 
Section 668(b)(1)(B) of title 10, United States Code, 
is amended by striking ‘‘assignments for joint’’ and all that 
follows through ‘‘Phase II’’ and inserting ‘‘student assign-
ments for joint training and education’’.
124 
† HR 1540 EAS 
Subtitle B—Reserve Component 
Management 
SEC. 511. AUTHORITY FOR ORDER TO ACTIVE DUTY OF 
MEMBERS OF THE SELECTED RESERVE AND 
CERTAIN 
MEMBERS 
OF 
THE 
INDIVIDUAL 
READY 
RESERVE 
FOR 
PREPLANNED 
MIS-
SIONS. 
(a) AUTHORITY.— 
(1) IN
GENERAL.—Chapter 1209 of title 10, 
United States Code, is amended by inserting after sec-
tion 12304 the following new section: 
‘‘§ 12304a. Selected Reserve and certain Individual 
Ready Reserve members: order to active 
duty for preplanned missions 
‘‘(a) AUTHORITY.—When the Secretary of a military 
department determines that it is necessary to augment the 
active forces for a preplanned mission, the Secretary may, 
subject to subsection (b), order any unit, and any member 
not assigned to a unit organized to serve as a unit, of the 
Selected Reserve (as defined in section 10143(a) of this 
title), or any member in the Individual Ready Reserve mo-
bilization category and designated as essential under regu-
lations prescribed by the Secretary, under the jurisdiction 
of the Secretary, without the consent of the members, to ac-
tive duty for not more than 365 consecutive days.
125 
† HR 1540 EAS 
‘‘(b) LIMITATIONS.—(1) Units or members may be or-
dered to active duty under this section only if— 
‘‘(A) the manpower and associated costs of such 
active duty are specifically included and identified in 
the defense budget materials for the fiscal year or 
years in which such units or members are anticipated 
to be ordered to active duty; and 
‘‘(B) the budget information on such costs in-
cludes a description of the mission for which such 
units or members are anticipated to be ordered to ac-
tive duty and the anticipated length of time of the 
order of such units or members to active duty on an 
involuntary basis. 
‘‘(2) Not more than 60,000 members of the reserve com-
ponents of the armed forces may be on active duty under 
this section at any one time. 
‘‘(c) EXCLUSION FROM STRENGTH LIMITATIONS.— 
Members ordered to active duty under this section shall not 
be counted in computing authorized strength in members 
on active duty or total number of members in grade under 
this title or any other law. 
‘‘(d) NOTICE TO CONGRESS.—Whenever the Secretary 
of a military department orders any unit or member of the 
Selected Reserve or Individual Ready Reserve to active duty 
under subsection (a), such Secretary shall submit to Con-
126 
† HR 1540 EAS 
gress a report, in writing, setting forth the circumstances 
necessitating the action taken under this section and de-
scribing the anticipated use of such units or members. 
‘‘(e) TERMINATION OF DUTY.—Whenever any unit of 
the Selected Reserve or any member of the Selected Reserve 
not assigned to a unit organized to serve as a unit, or any 
member of the Individual Ready Reserve, is ordered to ac-
tive duty under subsection (a), the service of all units or 
members so ordered to active duty may be terminated by— 
‘‘(1) order of the Secretary of the military de-
partment concerned, or 
‘‘(2) law. 
‘‘(f) RELATIONSHIP TO WAR POWERS RESOLUTION.— 
Nothing contained in this section shall be construed as 
amending or limiting the application of the provisions of 
the War Powers Resolution (50 U.S.C. 1541 et seq.). 
‘‘(g) CONSIDERATIONS FOR INVOLUNTARY ORDER TO 
ACTIVE DUTY.—In determining which members of the Se-
lected Reserve and the Individual Ready Reserve will be or-
dered to duty without their consent under this section, ap-
propriate consideration shall be given to— 
‘‘(1) the length and nature of previous service, to 
assure such sharing of exposure to hazards as the na-
tional security and military requirements will rea-
sonably allow;
127 
† HR 1540 EAS 
‘‘(2) the frequency of assignments during service 
career; 
‘‘(3) family responsibilities; and 
‘‘(4) employment necessary to maintain the na-
tional health, safety, or interest. 
‘‘(h) POLICIES AND PROCEDURES.—The Secretaries of 
the military departments shall prescribe policies and proce-
dures to carry out this section, including on determinations 
of orders to active duty under subsection (g). Such policies 
and procedures shall not go into effect until approved by 
the Secretary of Defense. 
‘‘(i) DEFINITIONS.—In this section: 
‘‘(1) The term ‘defense budget materials’ has the 
meaning given that term in section 231(d)(2) of this 
title. 
‘‘(2) The term ‘Individual Ready Reserve mobili-
zation category’ means, in the case of any reserve 
component, the category of the Individual Ready Re-
serve described in section 10144(b) of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 1209 of such title is 
amended by inserting after the item relating to sec-
tion 12304 the following new item: 
‘‘12304a. Selected Reserve and certain Individual Ready Reserve members: order 
to active duty for preplanned missions.’’.
128 
† HR 1540 EAS 
(b) CLARIFYING AMENDMENTS RELATING TO AUTHOR-
ITY TO ORDER ACTIVE DUTY OTHER THAN DURING WAR 
OR NATIONAL EMERGENCY.—Section 12304(a) of such title 
is amended— 
(1) by inserting ‘‘named’’ before ‘‘operational 
mission’’; and 
(2) by striking ‘‘365 days’’ and inserting ‘‘365 
consecutive days’’. 
SEC. 512. MODIFICATION OF ELIGIBILITY FOR CONSIDER-
ATION FOR PROMOTION FOR CERTAIN RE-
SERVE OFFICERS EMPLOYED AS MILITARY 
TECHNICIANS (DUAL STATUS). 
Section 14301 of title 10, United States Code, is 
amended by adding at the end the following new subsection: 
‘‘(i) CERTAIN RESERVE OFFICERS.—A reserve officer 
who is employed as military technician (dual status) under 
section 10216 of this title, and who has been retained be-
yond the mandatory removal date for years of service under 
section 10216(f) or 14702(a)(2) of this title, is not eligible 
for consideration for promotion by a mandatory promotion 
board convened under section 14101(a) of this title.’’.
129 
† HR 1540 EAS 
SEC. 
513. 
MODIFICATION 
OF 
TIME 
IN 
WHICH 
PRESEPARATION COUNSELING MUST BE PRO-
VIDED TO RESERVE COMPONENT MEMBERS 
BEING DEMOBILIZED. 
Section 1142(a)(3)(B) of title 10, United States Code, 
is amended by inserting ‘‘or in the event a member of a 
reserve component is being demobilized under circumstances 
in which (as determined by the Secretary concerned) oper-
ational requirements make the 90-day requirement under 
subparagraph (A) unfeasible,’’ after ‘‘or separation date,’’. 
SEC. 514. REPORT ON TERMINATION OF MILITARY TECHNI-
CIAN AS A DISTINCT PERSONNEL MANAGE-
MENT CATEGORY. 
(a) INDEPENDENT STUDY REQUIRED.—The Secretary 
of Defense shall conduct an independent study of the feasi-
bility and advisability of terminating the military techni-
cian as a distinct personnel management category of the 
Department of Defense. 
(b) ELEMENTS.—In conducting the study required by 
subsection (a), the Secretary shall— 
(1) identify various options for deploying units 
of the Selected Reserve of the Ready Reserve that oth-
erwise use military technicians through use of a com-
bination of active duty personnel, reserve component 
personnel, State civilian employees, and Federal civil-
130 
† HR 1540 EAS 
ian employees in a manner that meets mission re-
quirements without harming unit readiness; 
(2) identify various means for the management 
by the Department of the transition of military tech-
nicians to a system that relies on traditional per-
sonnel categories of active duty personnel, reserve 
component personnel, and civilian personnel, and for 
the management of any effects of that transition on 
the pay and benefits of current military technicians 
(including means for mitigating or avoiding such ef-
fects in the course of such transition); 
(3) determine whether military technicians who 
are employed at the commencement of the transition 
described in paragraph (2) should remain as techni-
cians, whether with or without a military status, 
until 
separation 
or 
retirement, 
rather 
than 
transitioned to such a traditional personnel category; 
(4) identify and take into account the unique 
needs of the National Guard in the management and 
use of military technicians; 
(5) determine potential cost savings, if any, to be 
achieved as a result of the transition described in 
paragraph (2), including savings in long-term man-
datory entitlement costs associated with military and 
civil service retirement obligations;
131 
† HR 1540 EAS 
(6) develop a recommendation on the feasibility 
and advisability of terminating the military techni-
cian as a distinct personnel management category, 
and, if the termination is determined to be feasible 
and advisable, develop recommendations for appro-
priate legislative and administrative action to imple-
ment the termination; 
(7) address any other matter relating to the 
management and long-term viability of the military 
technician as a distinct personnel management cat-
egory that the Secretary shall specify for purposes of 
the study; and 
(8) ensure the involvement and input of military 
technicians (dual status). 
(c) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary shall submit to 
the congressional defense committees a report on the study 
required by subsection (a). The report shall set forth the 
results of the study, including the matters specified in sub-
section (b), and include such comments and recommenda-
tions on the results of the study as the Secretary considers 
appropriate.
132 
† HR 1540 EAS 
SEC. 515. AUTHORITY TO ORDER ARMY RESERVE, NAVY RE-
SERVE, MARINE CORPS RESERVE, AND AIR 
FORCE RESERVE TO ACTIVE DUTY TO PRO-
VIDE ASSISTANCE IN RESPONSE TO A MAJOR 
DISASTER OR EMERGENCY. 
(a) AUTHORITY.— 
(1) IN
GENERAL.—Chapter 1209 of title 10, 
United States Code, as amended by section 511(a)(1), 
is further amended by inserting after section 12304a 
the following new section: 
‘‘§ 12304b. Army Reserve, Navy Reserve, Marine Corps 
Reserve, and Air Force Reserve: order to 
active duty to provide assistance in re-
sponse to a major disaster or emergency 
‘‘(a) AUTHORITY.—When a Governor requests Federal 
assistance in responding to a major disaster or emergency 
(as those terms are defined in section 102 of the Robert T. 
Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5122)), the Secretary of Defense may, without the 
consent of the member affected, order any unit, and any 
member not assigned to a unit organized to serve as a unit, 
of the Army Reserve, Navy Reserve, Marine Corps Reserve, 
and Air Force Reserve to active duty for a continuous pe-
riod of not more than 120 days to respond to the Governor’s 
request.
133 
† HR 1540 EAS 
‘‘(b) EXCLUSION FROM STRENGTH LIMITATIONS.— 
Members ordered to active duty under this section shall not 
be counted in computing authorized strength of members on 
active duty or members in grade under this title or any 
other law. 
‘‘(c) TERMINATION OF DUTY.—Whenever any unit or 
member of the reserve components is ordered to active duty 
under this section, the service of all units or members so 
ordered to active duty may be terminated by order of the 
Secretary of Defense or law.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter, as amended by 
section 511(a)(2), is further amended by inserting 
after the item relating to section 12304a the following 
new item: 
‘‘12304b. Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force Reserve: 
order to active duty to provide assistance in response to a major 
disaster or emergency.’’. 
(b) TREATMENT OF OPERATIONS AS CONTINGENCY OP-
ERATIONS.—Section 101(a)(13)(B) of such title is amended 
by inserting ‘‘12304b,’’ after ‘‘12304,’’. 
(c) USUAL AND CUSTOMARY ARRANGEMENT.— 
(1) 
DUAL-STATUS
COMMANDER.—When 
the 
Armed Forces and the National Guard are employed 
simultaneously in support of civil authorities in the 
United States, appointment of a commissioned officer 
as a dual-status commander serving on active duty
134 
† HR 1540 EAS 
and duty in, or with, the National Guard of a State 
under sections 315 or 325 of title 32, United States 
Code, as commander of Federal forces by Federal au-
thorities and as commander of State National Guard 
forces by State authorities, should be the usual and 
customary command and control arrangement, in-
cluding for missions involving a major disaster or 
emergency as those terms are defined in section 102 
of the Robert T. Stafford Disaster Relief and Emer-
gency Assistance Act (42 U.S.C. 5122). The chain of 
command for the Armed Forces shall remain in ac-
cordance with sections 162(b) and 164(c) of title 10, 
United States Code. 
(2) STATE AUTHORITIES SUPPORTED.—When a 
major disaster or emergency occurs in any area sub-
ject to the laws of any State, Territory, or the District 
of Columbia, the Governor of the State affected nor-
mally should be the principal civil authority sup-
ported by the primary Federal agency and its sup-
porting Federal entities, and the Adjutant General of 
the State or his or her subordinate designee normally 
should be the principal military authority supported 
by the dual-status commander when acting in his or 
her State capacity.
135 
† HR 1540 EAS 
(3) RULE OF CONSTRUCTION.—Nothing in para-
graphs (1) or (2) shall be construed to preclude or 
limit, in any way, the authorities of the President, 
the Secretary of Defense, or the Governor of any State 
to direct, control, and prescribe command and control 
arrangements for forces under their command. 
Subtitle C—General Service 
Authorities 
SEC. 521. REPEAL OF MANDATORY HIGH-DEPLOYMENT AL-
LOWANCE. 
(a) REPEAL.—Section 436 of title 37, United States 
Code, is repealed. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 7 of such title is amended by strik-
ing the item relating to section 436. 
SEC. 522. PROHIBITION ON DENIAL OF REENLISTMENT OF 
MEMBERS FOR UNSUITABILITY BASED ON 
THE SAME MEDICAL CONDITION FOR WHICH 
THEY WERE DETERMINED TO BE FIT FOR 
DUTY. 
(a) PROHIBITION.—Subsection (a) of section 1214a of 
title 10, United States Code, is amended by inserting ‘‘, 
or deny reenlistment of the member,’’ after ‘‘a member de-
scribed in subsection (b)’’.
136 
† HR 1540 EAS 
(b) CONFORMING AMENDMENT.—Subsection (c)(3) of 
such section is amended by inserting ‘‘or denial of reenlist-
ment’’ after ‘‘to warrant administrative separation’’. 
(c) CLERICAL AMENDMENTS.— 
(1) HEADING AMENDMENT.—The heading of such 
section is amended to read as follows: 
‘‘§ 1214a. Members determined fit for duty in Physical 
Evaluation Board: prohibition on involun-
tary administrative separation or denial 
of reenlistment due to unsuitability based 
on medical conditions considered in eval-
uation’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 61 of such title is amend-
ed by striking the item relating to section 1214a and 
inserting the following new item: 
‘‘1214a. Members determined fit for duty in Physical Evaluation Board: prohibi-
tion on involuntary administrative separation or denial of reen-
listment due to unsuitability based on medical conditions con-
sidered in evaluation.’’. 
SEC. 523. EXPANSION OF REGULAR ENLISTED MEMBERS 
COVERED BY EARLY DISCHARGE AUTHORITY. 
Section 1171 of title 10, United States Code, is amend-
ed by striking ‘‘within three months’’ and inserting ‘‘within 
one year’’.
137 
† HR 1540 EAS 
SEC. 524. EXTENSION OF VOLUNTARY SEPARATION PAY 
AND BENEFITS. 
Section 1175a(k)(1) of title 10, United States Code, is 
amended by striking ‘‘December 31, 2012’’ and inserting 
‘‘December 31, 2018’’. 
SEC. 525. EMPLOYMENT SKILLS TRAINING FOR MEMBERS 
OF THE ARMED FORCES ON ACTIVE DUTY 
WHO ARE TRANSITIONING TO CIVILIAN LIFE. 
Section 1143 of title 10, United States Code, is amend-
ed by adding at the end the following new subsection: 
‘‘(e) EMPLOYMENT SKILLS TRAINING.—(1) The Sec-
retary of a military department may carry out one or more 
programs to provide eligible members of the armed forces 
under the jurisdiction of the Secretary with job training 
and employment skills training to help prepare such mem-
bers for employment in the civilian sector. 
‘‘(2) A member of the armed forces is an eligible mem-
ber for purposes of a program under this subsection if the 
member— 
‘‘(A) has completed at least 180 days on active 
duty in the armed forces; and 
‘‘(B) is expected to be discharged or released 
from active duty in the armed forces within 180 days 
of the date of commencement of participation in such 
a program.
138 
† HR 1540 EAS 
‘‘(3) Any program under this subsection shall be car-
ried out in accordance with regulations prescribed by the 
Secretary of Defense.’’. 
SEC. 526. POLICY ON MILITARY RECRUITMENT AND ENLIST-
MENT 
OF 
GRADUATES 
OF 
SECONDARY 
SCHOOLS. 
(a) EQUAL TREATMENT
FOR SECONDARY SCHOOL 
GRADUATES.— 
(1) EQUAL TREATMENT.—For the purposes of re-
cruitment and enlistment in the Armed Forces, the 
Secretary of a military department shall treat a 
graduate described in paragraph (2) in the same 
manner as a graduate of a secondary school (as de-
fined in section 9101(38) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801(38)). 
(2) COVERED GRADUATES.—Paragraph (1) ap-
plies with respect to a person who— 
(A) receives a diploma from a secondary 
school that is legally operating; or 
(B) otherwise completes a program of sec-
ondary education in compliance with the edu-
cation laws of the State in which the person re-
sides. 
(b) POLICY ON RECRUITMENT AND ENLISTMENT.—Not 
later than 180 days after the date of the enactment of this
139 
† HR 1540 EAS 
Act, the Secretary of Defense shall prescribe a policy on re-
cruitment and enlistment that incorporates the following: 
(1) Means for identifying persons described in 
subsection (a)(2) who are qualified for recruitment 
and enlistment in the Armed Forces, which may in-
clude the use of a noncognitive aptitude test, adaptive 
personality assessment, or other operational attrition 
screening tool to predict performance, behaviors, and 
attitudes of potential recruits that influence attrition 
and the ability to adapt to a regimented life in the 
Armed Forces. 
(2) Means for assessing how qualified persons 
fulfill their enlistment obligation. 
(3) Means for maintaining data, by each di-
ploma source, which can be used to analyze attrition 
rates among qualified persons. 
(c) RECRUITMENT PLAN.—As part of the policy re-
quired by subsection (b), the Secretary of each of the mili-
tary departments shall develop a recruitment plan that in-
cludes a marketing strategy for targeting various segments 
of potential recruits with all types of secondary education 
credentials. 
(d) COMMUNICATION PLAN.—The Secretary of each of 
the military departments shall develop a communication
140 
† HR 1540 EAS 
plan to ensure that the policy and recruitment plan are 
understood by military recruiters. 
SEC. 527. FREEDOM OF CONSCIENCE OF MILITARY CHAP-
LAINS WITH RESPECT TO THE PERFORMANCE 
OF MARRIAGES. 
A military chaplain who, as a matter of conscience 
or moral principle, does not wish to perform a marriage 
may not be required to do so. 
Subtitle D—Education and 
Training 
SEC. 541. ENHANCEMENT OF AUTHORITIES ON JOINT PRO-
FESSIONAL MILITARY EDUCATION. 
(a) AUTHORITY TO CREDIT MILITARY GRADUATES OF 
THE NATIONAL DEFENSE INTELLIGENCE COLLEGE WITH 
COMPLETION
OF JOINT PROFESSIONAL MILITARY EDU-
CATION PHASE I.— 
(1) JOINT PROFESSIONAL MILITARY EDUCATION 
PHASE
I.—Section 2154(a)(1) of title 10, United 
States Code, is amended by inserting ‘‘or at a joint 
intermediate level school’’ before the period at the end. 
(2) JOINT
INTERMEDIATE
LEVEL
SCHOOL
DE-
FINED.—Section 2151(b) of such title is amended by 
adding at the end the following new paragraph: 
‘‘(3) The term ‘joint intermediate level school’ in-
cludes the National Defense Intelligence College.’’.
141 
† HR 1540 EAS 
(b) AUTHORITY
FOR
OTHER-THAN-IN
RESIDENCE 
PROGRAM TAUGHT THROUGH JOINT FORCES STAFF COL-
LEGE.— 
(1) IN
GENERAL.—Section 2154(a)(2) of such 
title is amended— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘in residence at’’; 
(B) in subparagraph (A), by inserting ‘‘by’’ 
after ‘‘(A)’’; and 
(C) in subparagraph (B), by inserting ‘‘in 
residence at’’ after ‘‘(B)’’. 
(2) CONFORMING AMENDMENT.—Section 2156(b) 
of such title is amended by inserting ‘‘in residence’’ 
after ‘‘course of instruction offered’’. 
SEC. 542. 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
142 
† HR 1540 EAS 
grade of first lieutenant or lieutenant (junior grade). 
Medical students commissioned under this section 
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)’’.
143 
† HR 1540 EAS 
(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. 543. RESERVE COMPONENT MENTAL HEALTH STU-
DENT STIPEND. 
(a) RESERVE COMPONENT MENTAL HEALTH STUDENT 
STIPEND.—Section 16201 of title 10, United States Code, 
is amended— 
(1) by redesignating subsection (f) as subsection 
(g); and 
(2) by inserting after subsection (e) the following 
new subsection (f): 
‘‘(f) MENTAL HEALTH PROFESSIONALS IN CRITICAL 
WARTIME SPECIALTIES.—(1) Under the stipend program
144 
† HR 1540 EAS 
under this chapter, the Secretary of the military depart-
ment concerned may enter into an agreement with a person 
who— 
‘‘(A) is eligible to be appointed as an officer in 
a reserve component; 
‘‘(B) is enrolled or has been accepted for enroll-
ment in an institution in a course of study that re-
sults in a degree in clinical psychology or social work; 
‘‘(C) signs an agreement that, unless sooner sepa-
rated, the person will— 
‘‘(i) complete the educational phase of the 
program; 
‘‘(ii) accept a reappointment or redesigna-
tion within the person’s reserve component, if 
tendered, based upon the person’s health profes-
sion, following satisfactory completion of the 
educational and intern programs; and 
‘‘(iii) participate in a residency program if 
required for clinical licensure; and 
‘‘(D) if required by regulations prescribed by the 
Secretary of Defense, agrees to apply for, if eligible, 
and accept, if offered, residency training in a health 
profession skill that has been designated by the Sec-
retary as a critically needed wartime skill. 
‘‘(2) Under the agreement—
145 
† HR 1540 EAS 
‘‘(A) the Secretary of the military department 
concerned shall agree to pay the participant a sti-
pend, in the amount determined under subsection (g), 
for the period or the remainder of the period that the 
student is satisfactorily progressing toward a degree 
in clinical psychology or social work while enrolled in 
a school accredited in the designated mental health 
discipline; 
‘‘(B) the participant shall not be eligible to re-
ceive such stipend before appointment, designation, or 
assignment as an officer for service in the Ready Re-
serve; 
‘‘(C) the participant shall be subject to such ac-
tive duty requirements as may be specified in the 
agreement and to active duty in time of war or na-
tional emergency as provided by law for members of 
the Ready Reserve; and 
‘‘(D) the participant shall agree to serve, upon 
successful completion of the program, one year in the 
Ready Reserve for each six months, or part thereof, 
for which the stipend is provided, to be served in the 
Selected Reserve or in the Individual Ready Reserve 
as specified in the agreement.’’. 
(b) CONFORMING AMENDMENTS.—Such section is fur-
ther amended—
146 
† HR 1540 EAS 
(1) in subsections (b)(2)(A), (c)(2)(A), and 
(d)(2)(A), by striking ‘‘subsection (f)’’ and inserting 
‘‘subsection (g)’’; and 
(2) in subsection (g), as redesignated by sub-
section (a)(1) of this section, by striking ‘‘subsection 
(b) or (c)’’ and inserting ‘‘subsection (b), (c), or (f)’’. 
SEC. 544. ENROLLMENT OF CERTAIN SERIOUSLY WOUNDED, 
ILL, OR INJURED FORMER OR RETIRED EN-
LISTED MEMBERS OF THE ARMED FORCES IN 
ASSOCIATE DEGREE PROGRAMS OF THE COM-
MUNITY COLLEGE OF THE AIR FORCE IN 
ORDER TO COMPLETE DEGREE PROGRAM. 
(a) IN GENERAL.—Section 9315 of title 10, United 
States Code, is amended— 
(1) by redesignating subsection (c) as subsection 
(d); and 
(2) by inserting after subsection (b) the following 
new subsection (c): 
‘‘(c) SERIOUSLY WOUNDED, ILL, OR INJURED FORMER 
AND RETIRED ENLISTED MEMBERS.—(1) The Secretary of 
the Air Force may authorize participation in a program 
of higher education under subsection (a)(1) by a person who 
is a former or retired enlisted member of the armed forces 
who at the time of the person’s separation from active 
duty—
147 
† HR 1540 EAS 
‘‘(A) had commenced but had not completed a 
program of higher education under subsection (a)(1); 
and 
‘‘(B) is categorized by the Secretary concerned as 
seriously wounded, ill, or injured. 
‘‘(2) A person may not be authorized under paragraph 
(1) to participate in a program of higher education after 
the end of the 10-year period beginning on the date of the 
person’s separation from active duty.’’. 
(b) CONFORMING AMENDMENTS.—Subsection (d) of 
such section, as redesignated by subsection (a)(1), is amend-
ed by striking ‘‘enlisted member’’ both places it appears and 
inserting ‘‘person’’. 
(c) EFFECTIVE DATE.—Subsection (c) of section 9315 
of title 10, United States Code (as added by subsection 
(a)(2)), shall apply to persons covered by paragraph (1) 
of such subsection who are categorized by the Secretary con-
cerned as seriously wounded, ill, or injured after September 
11, 2001. With respect to any such person who is separated 
from active duty during the period beginning on September 
12, 2001, and ending on the date of the enactment of this 
Act, the 10-year period specified in paragraph (2) of such 
subsection shall be deemed to commence on the date of the 
enactment of this Act.
148 
† HR 1540 EAS 
SEC. 545. CONSOLIDATION OF MILITARY DEPARTMENT AU-
THORITY TO ISSUE ARMS, TENTAGE, AND 
EQUIPMENT TO EDUCATIONAL INSTITUTIONS 
NOT MAINTAINING UNITS OF JUNIOR ROTC. 
(a) CONSOLIDATION.—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 R.O.T.C. 
‘‘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 training pre-
scribed by that Secretary; and 
‘‘(2) has a student body of at least 100 phys-
ically fit students over 14 years of age.’’. 
(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:
149 
† HR 1540 EAS 
‘‘2552a. Arms, tentage, and equipment: educational institutions not maintaining 
units of Junior R.O.T.C.’’. 
(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. 546. TEMPORARY AUTHORITY TO WAIVE MAXIMUM AGE 
LIMITATION ON ADMISSION TO THE MILI-
TARY SERVICE ACADEMIES. 
(a) WAIVER FOR CERTAIN ENLISTED MEMBERS.—The 
Secretary of the military department concerned may waive 
the maximum age limitation specified in section 4346(a), 
6958(a)(1), or 9346(a) of title 10, United States Code, for 
the admission of an enlisted member of the Armed Forces 
to the United States Military Academy, the United States 
Naval Academy, or the United States Air Force Academy 
if the member— 
(1) satisfies the eligibility requirements for ad-
mission to that academy (other than the maximum 
age limitation); and
150 
† HR 1540 EAS 
(2) was or is prevented from being admitted to 
a military service academy before the member reached 
the maximum age specified in such sections as a re-
sult of service on active duty in a theater of oper-
ations for Operation Iraqi Freedom, Operation En-
during Freedom, or Operation New Dawn. 
(b) MAXIMUM AGE
FOR RECEIPT
OF WAIVER.—A 
waiver may not be granted under this section if the can-
didate would pass the candidate’s twenty-sixth birthday by 
July 1 of the year in which the candidate would enter the 
military service academy pursuant to the waiver. 
(c) LIMITATION ON NUMBER ADMITTED USING WAIV-
ER.—Not more than five candidates may be admitted to 
each of the military service academies for an academic year 
pursuant to a waiver granted under this section. 
(d) RECORD KEEPING REQUIREMENT.—The Secretary 
of each military department shall maintain records on the 
number of graduates of the military service academy under 
the jurisdiction of the Secretary who are admitted pursuant 
to a waiver granted under this section and who remain in 
the Armed Forces beyond the active duty service obligation 
assumed upon graduation. The Secretary shall compare 
their retention rate to the retention rate of graduates of that 
academy generally.
151 
† HR 1540 EAS 
(e) REPORTS.—Not later than April 1, 2016, the Sec-
retary of each military department shall submit to the Com-
mittees on Armed Services of the Senate and the House of 
Representatives a report specifying— 
(1) the number of applications for waivers re-
ceived by the Secretary under this section; 
(2) the number of waivers granted by the Sec-
retary under this section; 
(3) the number of candidates actually admitted 
to the military service academy under the jurisdiction 
of the Secretary pursuant to a waiver granted by the 
Secretary under this section; and 
(4) beginning with the class of 2009, the number 
of graduates of the military service academy under 
the jurisdiction of the Secretary who, before admission 
to that academy, were enlisted members of the Armed 
Forces and who remain in the Armed Forces beyond 
the active duty service obligation assumed upon grad-
uation. 
(f) DURATION OF WAIVER AUTHORITY.—The authority 
to grant a waiver under this section expires on September 
30, 2016.
152 
† HR 1540 EAS 
SEC. 547. PILOT PROGRAM ON RECEIPT OF CIVILIAN 
CREDENTIALING FOR SKILLS REQUIRED FOR 
MILITARY OCCUPATIONAL SPECIALTIES. 
(a) PILOT PROGRAM REQUIRED.—Commencing not 
later than nine months after the date of the enactment of 
this Act, the Secretary of Defense shall carry out a pilot 
program to assess the feasibility and advisability of permit-
ting enlisted members of the Armed Forces to obtain civil-
ian credentialing or licensing for skills required for mili-
tary occupational specialties (MOS) or qualification for 
duty specialty codes. 
(b) ELEMENTS.—In carrying out the pilot program, 
the Secretary shall— 
(1) designate not less than three or more than 
five military occupational specialities or duty spe-
ciality codes for coverage under the pilot program; 
and 
(2) permit enlisted members of the Armed Forces 
to obtain the credentials or licenses required for the 
specialities or codes so designated through civilian 
credentialing or licensing entities, institutions, or 
bodies selected by the Secretary for purposes of the 
pilot program, whether concurrently with military 
training, at the completion of military training, or 
both.
153 
† HR 1540 EAS 
(c) REPORT.—Not later than one year after commence-
ment of the pilot program, the Secretary shall submit to 
Congress a report on the pilot program. The report shall 
set forth the following: 
(1) The number of enlisted members who partici-
pated in the pilot program. 
(2) A description of the costs incurred by the De-
partment of Defense in connection with the receipt by 
members of credentialing or licensing under the pilot 
program. 
(3) A comparison the cost associated with receipt 
by members of credentialing or licensing under the 
pilot program with the cost of receipt of similar 
credentialing or licensing by recently-discharged vet-
erans of the Armed Forces under programs currently 
operated by the Department of Veterans Affairs and 
the Department of Labor. 
(4) The recommendation of the Secretary as to 
the feasibility and advisability of expanding the pilot 
program to additional military occupational special-
ties or duty specialty codes, and, if such expansion is 
considered feasible and advisable, a list of the mili-
tary occupational specialties and duty specialty codes 
recommended for inclusion the expansion.
154 
† HR 1540 EAS 
Subtitle E—Military Justice and 
Legal Matters Generally 
SEC. 551. REFORM OF OFFENSES RELATING TO RAPE, SEX-
UAL ASSAULT, AND OTHER SEXUAL MIS-
CONDUCT UNDER THE UNIFORM CODE OF 
MILITARY JUSTICE. 
(a) RAPE AND SEXUAL ASSAULT GENERALLY.—Sec-
tion 920 of title 10, United States Code (article 120 of the 
Uniform Code of Military Justice), is amended as follows: 
(1) REVISED OFFENSE OF RAPE.—Subsection (a) 
is amended to read as follows: 
‘‘(a) RAPE.—Any person subject to this chapter who 
commits a sexual act upon another person by— 
‘‘(1) using unlawful force against that other per-
son; 
‘‘(2) using force causing or likely to cause death 
or grievous bodily harm to any person; 
‘‘(3) threatening or placing that other person in 
fear that any person will be subjected to death, griev-
ous bodily harm, or kidnapping; 
‘‘(4) first rendering that other person uncon-
scious; or 
‘‘(5) administering to that other person by force 
or threat of force, or without the knowledge or consent 
of that person, a drug, intoxicant, or other similar
155 
† HR 1540 EAS 
substance and thereby substantially impairing the 
ability of that other person to appraise or control con-
duct; 
is guilty of rape and shall be punished as a court-martial 
may direct.’’. 
(2) REPEAL OF PROVISIONS RELATING TO OF-
FENSES
REPLACED
BY
NEW
ARTICLE
120b.—Sub-
sections (b), (d), (f), (g), (i), (j), and (o) are repealed. 
(3) REVISED OFFENSE OF SEXUAL ASSAULT.— 
Subsection (c) is redesignated as subsection (b) and is 
amended to read as follows: 
‘‘(b) SEXUAL ASSAULT.—Any person subject to this 
chapter who— 
‘‘(1) commits a sexual act upon another person 
by— 
‘‘(A) threatening or placing that other per-
son in fear; 
‘‘(B) causing bodily harm to that other per-
son; 
‘‘(C) making a fraudulent representation 
that the sexual act serves a professional purpose; 
or 
‘‘(D) inducing a belief by any artifice, pre-
tense, or concealment that the person is another 
person;
156 
† HR 1540 EAS 
‘‘(2) commits a sexual act upon another person 
when the person knows or reasonably should know 
that the other person is asleep, unconscious, or other-
wise unaware that the sexual act is occurring; or 
‘‘(3) commits a sexual act upon another person 
when the other person is incapable of consenting to 
the sexual act due to— 
‘‘(A) impairment by any drug, intoxicant, 
or other similar substance, and that condition is 
known or reasonably should be known by the 
person; or 
‘‘(B) a mental disease or defect, or physical 
disability, and that condition is known or rea-
sonably should be known by the person; 
is guilty of sexual assault and shall be punished as a court- 
martial may direct.’’. 
(4) AGGRAVATED SEXUAL CONTACT.—Subsection 
(e) is redesignated as subsection (c) and is amended— 
(A) by striking ‘‘engages in’’ and inserting 
‘‘commits’’; and 
(B) by striking ‘‘with’’ and inserting 
‘‘upon’’. 
(5) ABUSIVE SEXUAL CONTACT.—Subsection (h) 
is redesignated as subsection (d) and is amended—
157 
† HR 1540 EAS 
(A) by striking ‘‘engages in’’ and inserting 
‘‘commits’’; 
(B) by striking ‘‘with’’ and inserting 
‘‘upon’’; and 
(C) by striking ‘‘subsection (c) (aggravated 
sexual assault)’’ and inserting ‘‘subsection (b) 
(sexual assault)’’. 
(6) REPEAL OF PROVISIONS RELATING TO OF-
FENSES
REPLACED
BY
NEW
ARTICLE
120c.—Sub-
sections (k), (l), (m), and (n) are repealed. 
(7) PROOF OF THREAT.—Subsection (p) is redes-
ignated as subsection (e) and is amended— 
(A) by striking ‘‘the accused made’’ and in-
serting ‘‘a person made’’; 
(B) by striking ‘‘the accused actually’’ and 
inserting ‘‘the person actually’’; and 
(C) by inserting before the period at the end 
the following: ‘‘or had the ability to carry out the 
threat’’. 
(8) DEFENSES.—Subsection (q) is redesignated 
as subsection (f) and is amended to read as follows: 
‘‘(f) DEFENSES.—An accused may raise any applica-
ble defenses available under this chapter or the Rules for 
Court-Martial. Marriage is not a defense for any conduct 
in issue in any prosecution under this section.’’.
158 
† HR 1540 EAS 
(9) PROVISIONS RELATING TO AFFIRMATIVE DE-
FENSES.—Subsections (r) and (s) are repealed. 
(10) DEFINITIONS.—Subsection (t) is redesig-
nated as subsection (g) and is amended— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by inserting 
‘‘or anus or mouth’’ after ‘‘vulva’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘genital opening’’ 
and inserting ‘‘vulva or anus or 
mouth,’’; and 
(II) by striking ‘‘a hand or fin-
ger’’ and inserting ‘‘any part of the 
body’’; 
(B) by striking paragraph (2) and inserting 
the following: 
‘‘(2) SEXUAL CONTACT.—The term ‘sexual con-
tact’ means— 
‘‘(A) touching, or causing another person to 
touch, either directly or through the clothing, the 
genitalia, anus, groin, breast, inner thigh, or 
buttocks of any person, with an intent to abuse, 
humiliate, or degrade any person; or 
‘‘(B) any touching, or causing another per-
son to touch, either directly or through the cloth-
159 
† HR 1540 EAS 
ing, any body part of any person, if done with 
an intent to arouse or gratify the sexual desire 
of any person. 
Touching may be accomplished by any part of the 
body.’’. 
(C) by striking paragraph (4) and redesig-
nating paragraph (3) as paragraph (4); 
(D) by redesignating paragraph (8) as 
paragraph (3), transferring that paragraph so as 
to appear after paragraph (2), and amending 
that paragraph by inserting before the period at 
the end the following: ‘‘, including any non-
consensual sexual act or nonconsensual sexual 
contact’’; 
(E) in paragraph (4), as redesignated by 
subparagraph (C), by striking the last sentence; 
(F) by striking paragraphs (5) and (7); 
(G) by redesignating paragraph (6) as 
paragraph (7); 
(H) by inserting after paragraph (4), as re-
designated by subparagraph (C), the following 
new paragraphs (5) and (6): 
‘‘(5) FORCE.—The term ‘force’ means— 
‘‘(A) the use of a weapon;
160 
† HR 1540 EAS 
‘‘(B) the use of such physical strength or vi-
olence as is sufficient to overcome, restrain, or 
injure a person; or 
‘‘(C) inflicting physical harm sufficient to 
coerce or compel submission by the victim. 
‘‘(6) UNLAWFUL
FORCE.—The term ‘unlawful 
force’ means an act of force done without legal jus-
tification or excuse.’’; 
(I) in paragraph (7), as redesignated by 
subparagraph (G)— 
(i) by striking ‘‘under paragraph (3)’’ 
and all that follows through ‘‘contact),’’; 
and 
(ii) by striking ‘‘death, grievous bodily 
harm, or kidnapping’’ and inserting ‘‘the 
wrongful action contemplated by the com-
munication or action.’’; 
(J) by striking paragraphs (9) through 
(13); 
(K) by redesignating paragraph (14) as 
paragraph (8) and in that paragraph— 
(i) by inserting ‘‘(A)’’ before ‘‘The 
term’’;
161 
† HR 1540 EAS 
(ii) by striking ‘‘words or overt acts 
indicating’’ and ‘‘sexual’’ in the first sen-
tence; 
(iii) by striking ‘‘accused’s’’ in the 
third sentence; 
(iv) by inserting ‘‘or social or sexual’’ 
before ‘‘relationship’’ in the fourth sentence; 
(v) by striking ‘‘sexual’’ before ‘‘con-
duct’’ in the fourth sentence; 
(vi) by striking ‘‘A person cannot con-
sent’’ and all that follows through the pe-
riod; and 
(vii) by adding at the end the following 
new subparagraphs: 
‘‘(B) A sleeping, unconscious, or incom-
petent person cannot consent. A person cannot 
consent to force causing or likely to cause death 
or grievous bodily harm or to being rendered un-
conscious. A person cannot consent while under 
threat or in fear or under the circumstances de-
scribed in subparagraph (C) or (D) of subsection 
(b)(1). 
‘‘(C) Lack of consent may be inferred based 
on the circumstances of the offense. All the sur-
rounding circumstances are to be considered in
162 
† HR 1540 EAS 
determining whether a person gave consent, or 
whether a person did not resist or ceased to resist 
only because of another person’s actions.’’; and 
(L) by striking paragraphs (15) and (16). 
(11) SECTION HEADING.—The heading of such 
section (article) is amended to read as follows: 
‘‘§ 920. Art. 120. Rape and sexual assault generally’’. 
(b) RAPE AND SEXUAL ASSAULT OF A CHILD.—Chap-
ter 47 of such title (the Uniform Code of Military Justice) 
is amended by inserting after section 920a (article 120a), 
as amended by subsection (a), the following new section (ar-
ticle): 
‘‘§ 920b. Art. 120b. Rape and sexual assault of a child 
‘‘(a) RAPE OF A CHILD.—Any person subject to this 
chapter who— 
‘‘(1) commits a sexual act upon a child who has 
not attained the age of 12 years; or 
‘‘(2) commits a sexual act upon a child who has 
attained the age of 12 years by— 
‘‘(A) using force against any person; 
‘‘(B) threatening or placing that child in 
fear; 
‘‘(C) rendering that child unconscious; or 
‘‘(D) administering to that child a drug, in-
toxicant, or other similar substance;
163 
† HR 1540 EAS 
is guilty of rape of a child and shall be punished as a court- 
martial may direct. 
‘‘(b) SEXUAL ASSAULT OF A CHILD.—Any person sub-
ject to this chapter who commits a sexual act upon a child 
who has attained the age of 12 years is guilty of sexual 
assault of a child and shall be punished as a court-martial 
may direct. 
‘‘(c) SEXUAL ABUSE OF A CHILD.—Any person subject 
to this chapter who commits a lewd act upon a child is 
guilty of sexual abuse of a child and shall be punished as 
a court-martial may direct. 
‘‘(d) AGE OF CHILD.— 
‘‘(1) UNDER 12 YEARS.—In a prosecution under 
this section, it need not be proven that the accused 
knew the age of the other person engaging in the sex-
ual act or lewd act. It is not a defense that the ac-
cused reasonably believed that the child had attained 
the age of 12 years. 
‘‘(2) UNDER 16 YEARS.—In a prosecution under 
this section, it need not be proven that the accused 
knew that the other person engaging in the sexual act 
or lewd act had not attained the age of 16 years, but 
it is a defense in a prosecution under subsection (b) 
(sexual assault of a child) or subsection (c) (sexual 
abuse of a child), which the accused must prove by a
164 
† HR 1540 EAS 
preponderance of the evidence, that the accused rea-
sonably believed that the child had attained the age 
of 16 years, if the child had in fact attained at least 
the age of 12 years. 
‘‘(e) PROOF OF THREAT.—In a prosecution under this 
section, in proving that a person made a threat, it need 
not be proven that the person actually intended to carry 
out the threat or had the ability to carry out the threat. 
‘‘(f) MARRIAGE.—In a prosecution under subsection 
(b) (sexual assault of a child) or subsection (c) (sexual abuse 
of a child), it is a defense, which the accused must prove 
by a preponderance of the evidence, that the persons engag-
ing in the sexual act or lewd act were at that time married 
to each other, except where the accused commits a sexual 
act upon the person when the accused knows or reasonably 
should know that the other person is asleep, unconscious, 
or otherwise unaware that the sexual act is occurring or 
when the other person is incapable of consenting to the sex-
ual act due to impairment by any drug, intoxicant, or other 
similar substance, and that condition was known or reason-
ably should have been known by the accused. 
‘‘(g) CONSENT.—Lack of consent is not an element and 
need not be proven in any prosecution under this section. 
A child not legally married to the person committing the
165 
† HR 1540 EAS 
sexual act, lewd act, or use of force cannot consent to any 
sexual act, lewd act, or use of force. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) SEXUAL ACT AND SEXUAL CONTACT.—The 
terms ‘sexual act’ and ‘sexual contact’ have the mean-
ings given those terms in section 920(g) of this title 
(article 120(g)). 
‘‘(2) FORCE.—The term ‘force’ means— 
‘‘(A) the use of a weapon; 
‘‘(B) the use of such physical strength or vi-
olence as is sufficient to overcome, restrain, or 
injure a child; or 
‘‘(C) inflicting physical harm. 
In the case of a parent-child or similar relationship, 
the use or abuse of parental or similar authority is 
sufficient to constitute the use of force. 
‘‘(3) THREATENING OR PLACING THAT CHILD IN 
FEAR.—The term ‘threatening or placing that child 
in fear’ means a communication or action that is of 
sufficient consequence to cause the child to fear that 
non-compliance will result in the child or another 
person being subjected to the action contemplated by 
the communication or action. 
‘‘(4) CHILD.—The term ‘child’ means any person 
who has not attained the age of 16 years.
166 
† HR 1540 EAS 
‘‘(5) LEWD ACT.—The term ‘lewd act’ means— 
‘‘(A) any sexual contact with a child; 
‘‘(B) intentionally exposing one’s genitalia, 
anus, buttocks, or female areola or nipple to a 
child by any means, including via any commu-
nication technology, with an intent to abuse, hu-
miliate, or degrade any person, or to arouse or 
gratify the sexual desire of any person; 
‘‘(C) intentionally communicating indecent 
language to a child by any means, including via 
any communication technology, with an intent 
to abuse, humiliate, or degrade any person, or to 
arouse or gratify the sexual desire of any person; 
or 
‘‘(D) any indecent conduct, intentionally 
done with or in the presence of a child, including 
via 
any 
communication 
technology, 
that 
amounts to a form of immorality relating to sex-
ual impurity which is grossly vulgar, obscene, 
and repugnant to common propriety, and tends 
to excite sexual desire or deprave morals with re-
spect to sexual relations.’’. 
(c) OTHER SEXUAL MISCONDUCT.—Such chapter (the 
Uniform Code of Military Justice) is further amended by
167 
† HR 1540 EAS 
inserting after section 920b (article 120b), as added by sub-
section (b), the following new section: 
‘‘§ 920c. Art. 120c. Other sexual misconduct 
‘‘(a) INDECENT VIEWING, VISUAL RECORDING, OR 
BROADCASTING.—Any person subject to this chapter who, 
without legal justification or lawful authorization— 
‘‘(1) knowingly and wrongfully views the private 
area of another person, without that other person’s 
consent and under circumstances in which that other 
person has a reasonable expectation of privacy; 
‘‘(2) knowingly photographs, videotapes, films, or 
records by any means the private area of another per-
son, without that other person’s consent and under 
circumstances in which that other person has a rea-
sonable expectation of privacy; or 
‘‘(3) knowingly broadcasts or distributes any 
such recording that the person knew or reasonably 
should have known was made under the circumstances 
proscribed in paragraphs (1) and (2); 
is guilty of an offense under this section and shall be pun-
ished as a court-martial may direct. 
‘‘(b) FORCIBLE PANDERING.—Any person subject to 
this chapter who compels another person to engage in an 
act of prostitution with any person is guilty of forcible pan-
dering and shall be punished as a court-martial may direct.
168 
† HR 1540 EAS 
‘‘(c) INDECENT EXPOSURE.—Any person subject to 
this chapter who intentionally exposes, in an indecent man-
ner, the genitalia, anus, buttocks, or female areola or nipple 
is guilty of indecent exposure and shall by punished as a 
court-martial may direct. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) ACT OF PROSTITUTION.—The term ‘act of 
prostitution’ means a sexual act or sexual contact (as 
defined in section 920(g) of this title (article 120(g))) 
on account of which anything of value is given to, or 
received by, any person. 
‘‘(2) PRIVATE AREA.—The term ‘private area’ 
means the naked or underwear-clad genitalia, anus, 
buttocks, or female areola or nipple. 
‘‘(3) REASONABLE EXPECTATION OF PRIVACY.— 
The term ‘under circumstances in which that other 
person has a reasonable expectation of privacy’ 
means— 
‘‘(A) circumstances in which a reasonable 
person would believe that he or she could disrobe 
in privacy, without being concerned that an 
image of a private area of the person was being 
captured; or
169 
† HR 1540 EAS 
‘‘(B) circumstances in which a reasonable 
person would believe that a private area of the 
person would not be visible to the public. 
‘‘(4) BROADCAST.—The term ‘broadcast’ means 
to electronically transmit a visual image with the in-
tent that it be viewed by a person or persons. 
‘‘(5) DISTRIBUTE.—The term ‘distribute’ means 
delivering to the actual or constructive possession of 
another, including transmission by electronic means. 
‘‘(6) INDECENT
MANNER.—The term ‘indecent 
manner’ means conduct that amounts to a form of 
immorality relating to sexual impurity which is 
grossly vulgar, obscene, and repugnant to common 
propriety, and tends to excite sexual desire or deprave 
morals with respect to sexual relations.’’. 
(d) REPEAL OF SODOMY ARTICLE.—Section 925 of 
such title (article 125 of the Uniform Code of Military Jus-
tice) is repealed. 
(e) CONFORMING AMENDMENTS.—Chapter 47 of such 
title (the Uniform Code of Military Justice) is further 
amended as follows: 
(1) STATUTE
OF
LIMITATIONS.—Subparagraph 
(B) of section 843(b)(2) (article 43(b)(2)) is amend-
ed—
170 
† HR 1540 EAS 
(A) in clause (i), by striking ‘‘section 920 of 
this title (article 120)’’ and inserting ‘‘section 
920, 920a, 920b, or 920c of this title (article 120, 
120a, 120b, or 120c)’’; 
(B) by striking clause (iii); and 
(C) in clause (v)— 
(i) by striking ‘‘indecent assault’’; 
(ii) by striking ‘‘rape, or sodomy,’’ and 
inserting ‘‘or rape,’’; and 
(iii) by striking ‘‘or liberties with a 
child’’. 
(2) MURDER.—Paragraph (4) of section 918 (ar-
ticle 118) is amended— 
(A) by striking ‘‘sodomy,’’; and 
(B) by striking ‘‘aggravated sexual assault,’’ 
and all that follows through ‘‘with a child,’’ and 
inserting ‘‘sexual assault, sexual assault of a 
child, aggravated sexual contact, sexual abuse of 
a child,’’. 
(f) CLERICAL AMENDMENTS.—The table of sections at 
the beginning of subchapter X of such chapter (the Uniform 
Code of Military Justice) is amended— 
(1) by striking the items relating to sections 920 
and 920a (articles 120 and 120a) and inserting the 
following new items: 
‘‘920. 120. Rape and sexual assault generally.
171 
† HR 1540 EAS 
‘‘920a. 120a. Stalking. 
‘‘920b. 120b. Rape and sexual assault of a child. 
‘‘920c. 120c. Other sexual misconduct.’’; 
and 
(2) by striking the item relating to section 925 
(article 125). 
(g) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the date of the enactment of this 
Act and shall apply with respect to offenses committed on 
or after such date. 
SEC. 552. AUTHORITY TO COMPEL PRODUCTION OF DOCU-
MENTARY EVIDENCE. 
(a) SUBPOENA DUCES TECUM.—Section 847 of title 
10, United States Code (article 47 of the Uniform Code of 
Military Justice), is amended— 
(1) in subsection (a)(1), by striking ‘‘board;’’ 
and inserting ‘‘board, or has been duly issued a sub-
poena duces tecum for an investigation, including an 
investigation pursuant to section 832(b) of this title 
(article 32(b)); and’’; and 
(2) in subsection (c), by striking ‘‘or board’’ and 
inserting ‘‘board, trial counsel, or convening author-
ity’’. 
(b) REPEAL OF OBSOLETE PROVISIONS RELATING TO 
FEES AND MILEAGE PAYABLE TO WITNESSES.—Such sec-
tion is further amended— 
(1) in subsection (a)—
172 
† HR 1540 EAS 
(A) by striking paragraph (2); and 
(B) by redesignating paragraph (3) as 
paragraph (2); and 
(2) by striking subsection (d). 
(c) TECHNICAL AMENDMENTS.—Subsection (a) of such 
section is further amended by striking ‘‘subpenaed’’ in 
paragraphs (1) and (2), as redesignated by subsection 
(b)(1)(B), and inserting ‘‘subpoenaed’’. 
(d) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall apply with respect to subpoenas issued 
after the date of the enactment of this Act. 
SEC. 553. PROCEDURES FOR JUDICIAL REVIEW OF CERTAIN 
MILITARY PERSONNEL DECISIONS. 
(a) PROHIBITED PERSONNEL ACTIONS.—Section 1034 
of title 10, United States Code, is amended— 
(1) in subsection (f), by adding at the end the 
following new paragraph: 
‘‘(7) In any case in which the final decision of the Sec-
retary concerned results in denial, in whole or in part, of 
any requested correction of the member or former member’s 
record, the member or former member shall be provided a 
concise written statement of the factual and legal basis for 
the decision, together with a statement of the procedure and 
time for obtaining review of the decision pursuant to section 
1560 of this title.’’;
173 
† HR 1540 EAS 
(2) in subsection (g)— 
(A) by inserting ‘‘(1)’’ before ‘‘Upon the 
completion of all’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) A submittal to the Secretary of Defense under 
paragraph (1) must be made within 90 days of the receipt 
of the final decision of the Secretary of the military depart-
ment concerned in the matter. In any case in which the 
final decision of the Secretary of Defense results in denial, 
in whole or in part, of any requested correction of the mem-
ber or former member’s record, the member or former mem-
ber shall be provided a concise written statement of the basis 
for the decision, together with a statement of the procedure 
and time for obtaining review of the decision pursuant to 
section 1560 of this title.’’; 
(3) by redesignating subsections (h) and (i) as 
subsections (i) and (j), respectively; and 
(4) by inserting after subsection (g) the following 
new subsection (h): 
‘‘(h) JUDICIAL REVIEW.—A decision of the Secretary 
of Defense under subsection (g) or, in a case in which review 
by the Secretary of Defense under subsection (g) was not 
sought or in a case arising out of the Coast Guard when 
the Coast Guard is not operating as a service in the Navy,
174 
† HR 1540 EAS 
a decision of the Secretary of a military department or the 
Secretary of Homeland Security under subsection (f) shall 
be subject to judicial review only as provided in section 
1560 of this title.’’. 
(b) CORRECTION
OF MILITARY RECORDS.—Section 
1552 of such title is amended— 
(1) by redesignating subsection (g) as subsection 
(j); and 
(2) by inserting after subsection (f) the following 
new subsections: 
‘‘(g) In any case in which the final decision of the Sec-
retary concerned results in denial, in whole or in part, of 
any requested correction, the claimant shall be provided a 
concise written statement of the factual and legal basis for 
the decision, together with a statement of the procedure and 
time for obtaining review of the decision pursuant to section 
1560 of this title. 
‘‘(h) If an application for correction of military 
records involves a historically significant military event (as 
defined by the Secretary concerned), or would, if the appli-
cation is approved, substantially modify the results of any 
disciplinary action or promotion decision regarding a gen-
eral or flag officer which includes in the remedy a pro-
motion by and with the advice and consent of the Senate, 
the Secretary concerned shall ensure that an advisory opin-
175 
† HR 1540 EAS 
ion is included in the record of the decision that includes 
a detailed chronology of the events in question and, at a 
minimum, considers the following information: 
‘‘(1) A thorough compilation of the information 
available in the historical record, including testi-
mony, contemporary written statements, and all 
available records which formed the basis for the mili-
tary records in question. 
‘‘(2) The testimony or written views of contem-
porary decision makers, if available, regarding the 
matters raised in the application for relief regarding 
the military records in question. 
‘‘(3) A summary of the available evidence for 
and against the position taken by the applicant. 
‘‘(i) A decision by the Secretary concerned under this 
section shall be subject to judicial review only as provided 
in section 1560 of this title.’’. 
(c) JUDICIAL REVIEW.— 
(1) IN GENERAL.—Chapter 79 of such title is 
amended by adding at the end the following new sec-
tion: 
‘‘§ 1560. Judicial review of decisions 
‘‘(a) After a final decision is issued pursuant to section 
1552 of this title, or is issued by the Secretary of a military 
department or the Secretary of Homeland Security pursu-
176 
† HR 1540 EAS 
ant to section 1034(f) of this title or the Secretary of Defense 
pursuant to section 1034(g) of this title, any person ag-
grieved by the decision may obtain judicial review. 
‘‘(b) In exercising its authority under this section, the 
reviewing court shall review the record and may hold un-
lawful and set aside any decision demonstrated by the peti-
tioner in the record to be— 
‘‘(1) arbitrary or capricious; 
‘‘(2) not based on substantial evidence; 
‘‘(3) a result of material error of fact or material 
administrative error, but only if the petitioner identi-
fied to the correction board how the failure to follow 
procedures substantially prejudiced the petitioner’s 
right to relief, and shows to the reviewing court by a 
preponderance of the evidence that the error was 
harmful; or 
‘‘(4) otherwise contrary to law. 
‘‘(c) Upon review under this section, the reviewing 
court shall affirm, modify, vacate, or reverse the decision, 
or remand the matter, as appropriate. 
‘‘(d) No judicial review may be made under this sec-
tion unless the petitioner shall first have requested a correc-
tion under section 1552 of this title, and the Secretary con-
cerned shall have rendered a final decision denying that 
correction in whole or in part. In a case in which the final
177 
† HR 1540 EAS 
decision of the Secretary concerned is subject to review by 
the Secretary of Defense under section 1034(g) of this title, 
the petitioner is not required to seek such review by the Sec-
retary of Defense before obtaining judicial review under this 
section. If the petitioner seeks review by the Secretary of 
Defense under section 1034(g) of this title, no judicial re-
view may be made until the Secretary of Defense shall have 
rendered a final decision denying that request in whole or 
in part. 
‘‘(e) In the case of a final decision described in sub-
section (a) made on or after the date of the enactment of 
the National Defense Authorization Act for Fiscal Year 
2012, a petition for judicial review under this section must 
be filed within three years of the date on which the final 
decision was actually received by the petitioner. 
‘‘(f) Notwithstanding subsections (a), (b), and (c), a 
reviewing court does not have jurisdiction to entertain any 
matter or issue raised in a petition of review under this 
section that is not justiciable. 
‘‘(g)(1) In the case of a cause of action arising after 
the date of the enactment of the National Defense Authoriza-
tion Act for Fiscal Year 2012, no court shall have jurisdic-
tion to entertain any request for correction of records cog-
nizable under section 1552 of this title, except as provided 
in this section.
178 
† HR 1540 EAS 
‘‘(2) In the case of a cause of action arising after the 
date of the enactment of the National Defense Authorization 
Act for Fiscal Year 2012, except as provided by chapter 153 
of title 28 and this chapter, no court shall have jurisdiction 
over any civil action or claim seeking, in whole or in part, 
to challenge any decision for which administrative review 
is available under section 1552 of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 79 of such title is 
amended by adding at the end the following new item: 
‘‘1560. Judicial review of decisions.’’. 
(d) EFFECTIVE DATE.—The amendments made by this 
section shall take effect one year after the date of the enact-
ment of this Act. Such amendments shall apply to all final 
decisions of the Secretary of Defense under section 1034(g) 
of title 10, United States Code, and of the Secretary of a 
military department or the Secretary of Homeland Security 
under section 1034(f) or 1552 of title 10, United States 
Code, whether rendered before or after the date of the enact-
ment of this Act. During the period between the date of the 
enactment of this Act and the date on which the amend-
ments made by this section take effect, in any case in which 
the final decision of the Secretary of Defense under section 
1034 of title 10, United States Code, or the Secretary con-
cerned under section 1552 of title 10, United States Code, 
results in denial, in whole or in part, of any requested cor-
179 
† HR 1540 EAS 
rection of a record of a member, former member, or claim-
ant, the individual shall be informed in writing of the time 
for obtaining review of the decision pursuant to section 
1560 of title 10, United States Code, as provided therein. 
(e) IMPLEMENTATION.—The Secretaries concerned 
may prescribe appropriate regulations, and interim guid-
ance before prescribing such regulations, to implement the 
amendments made by this section. In the case of the Sec-
retary of a military department, such regulations may not 
take effect until approved by the Secretary of Defense. 
(f) CONSTRUCTION.—This section does not affect the 
authority of any court to exercise jurisdiction over any case 
which was properly before it before the effective date speci-
fied in subsection (d). 
(g) SECRETARY CONCERNED DEFINED.—In this sec-
tion, the term ‘‘Secretary concerned’’ has the meaning given 
that term in section 101(a)(9) of title 10, United States 
Code. 
SEC. 554. DEPARTMENT OF DEFENSE SUPPORT FOR PRO-
GRAMS ON PRO BONO LEGAL REPRESENTA-
TION FOR MEMBERS OF THE ARMED FORCES. 
(a) SUPPORT AUTHORIZED.—The Secretary of Defense 
may provide support to one or more public or private pro-
grams designed to facilitate representation by attorneys
180 
† HR 1540 EAS 
who provide pro bono legal assistance of members of the 
Armed Forces who are in need of such representation. 
(b) FINANCIAL SUPPORT.— 
(1) IN GENERAL.—The support provided a pro-
gram under subsection (a) may include financial sup-
port of the program. 
(2) LIMITATION ON AMOUNT.—The total amount 
of financial support provided under subsection (a) in 
any fiscal year may not exceed $500,000. 
(3) DETERMINATION.—The Secretary may not 
provide financial support under subsection (a) unless 
the Secretary determines that services available at no 
cost to the Department of Defense or individual mem-
bers of the Armed Forces that facilitate representation 
by attorneys who provide pro bono legal assistance to 
members of the Armed Forces who are in need of such 
assistance are not available. 
(4) FUNDING.—Amounts for financial support 
under this section shall be derived from amounts au-
thorized to be appropriated for the Department of De-
fense for operation and maintenance.
181 
† HR 1540 EAS 
Subtitle F—Sexual Assault 
Prevention and Response 
SEC. 561. DIRECTOR OF THE SEXUAL ASSAULT PREVENTION 
AND RESPONSE OFFICE. 
Section 1611(a) of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011 (Public Law 111– 
383; 124 Stat. 4431; 10 U.S.C. 1561 note) is amended by 
adding before the period at the end of the first sentence the 
following: ‘‘, who shall be appointed from among general 
or flag officers of the Armed Forces or employees of the De-
partment of Defense in a comparable Senior Executive 
Service position’’. 
SEC. 562. SEXUAL ASSAULT RESPONSE COORDINATORS 
AND SEXUAL ASSAULT VICTIM ADVOCATES. 
(a) GUIDANCE REQUIRED.—Not later than 60 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall issue guidance to implement the appro-
priate recommendations of the Report of the Defense Task 
Force on Sexual Assault in the Military Services (December 
2009). Such guidance shall— 
(1) require the Secretary of each military de-
partment to determine (which determination shall be 
based on the unique mission, military population, 
and force structure of the applicable Armed Force) the 
appropriate number of Sexual Assault Response Coor-
182 
† HR 1540 EAS 
dinators and Sexual Assault Victim Advocates to be 
assigned to deployed and non-deployed military units 
under the jurisdiction of such Secretary; 
(2) require that each installation or similar or-
ganizational level have at least one Sexual Assault 
Response Coordinator; 
(3) establish, or require the Secretary of each 
military department to establish, credentialing pro-
grams for Sexual Assault Response Coordinators and 
for Sexual Assault Victim Advocates; and 
(4) ensure that, after October 1, 2013, only mem-
bers of the Armed Forces on active duty or full-time 
civilian employees of the Department of Defense who 
have obtained the appropriate credentials under a 
program under paragraph (3) may be assigned to 
duty as a Sexual Assault Response Coordinator or a 
Sexual Assault Victim Advocate. 
(b) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit Congress a report on the status of 
the implementation of the recommendations of the Defense 
Task Force on Sexual Assault in the Military Services. The 
report shall set forth the anticipated date of the completion 
of the implementation by each military department of the 
guidance issued under subsection (a).
183 
† HR 1540 EAS 
SEC. 563. ACCESS OF SEXUAL ASSAULT VICTIMS TO LEGAL 
ASSISTANCE AND SERVICES OF SEXUAL AS-
SAULT RESPONSE COORDINATORS AND SEX-
UAL ASSAULT VICTIM ADVOCATES. 
(a) LEGAL ASSISTANCE FOR VICTIMS OF SEXUAL AS-
SAULT.—Not later than 60 days after the date of the enact-
ment of this Act, the Secretaries of the military departments 
shall prescribe regulations on the provision of legal assist-
ance to victims of sexual assault. Such regulations shall re-
quire that legal assistance be provided by military or civil-
ian legal assistance counsel pursuant to section 1044 of title 
10, United States Code. 
(b) ASSISTANCE AND REPORTING.— 
(1) IN GENERAL.—Chapter 80 of title 10, United 
States Code, is amended by inserting after section 
1565a the following new section: 
‘‘§ 1565b. Victims of sexual assault: access to legal as-
sistance and services of Sexual Assault 
Response Coordinators and Sexual As-
sault Victim Advocates 
‘‘(a) AVAILABILITY OF LEGAL ASSISTANCE AND VICTIM 
ADVOCATE SERVICES.—(1) A member of the armed forces 
who is the victim of a sexual assault may be provided the 
following:
184 
† HR 1540 EAS 
‘‘(A) Legal assistance provided by military or ci-
vilian legal assistance counsel pursuant to section 
1044 of this title. 
‘‘(B) Assistance provided by a Sexual Assault 
Response Coordinator. 
‘‘(C) Assistance provided by a Sexual Assault 
Victim Advocate. 
‘‘(2) A member of the armed forces who is the victim 
of sexual assault shall be informed of the availability of as-
sistance under paragraph (1) as soon as the member seeks 
assistance from a Sexual Assault Response Coordinator, a 
Sexual Assault Victim Advocate, a military criminal inves-
tigator, a victim/witness liaison, or a trial counsel. The 
member shall also be informed that the legal assistance and 
the services of a Sexual Assault Response Coordinator or 
a Sexual Assault Victim Advocate under paragraph (1) are 
optional and may be declined, in whole or in part, at any 
time. 
‘‘(3) Legal assistance and the services of Sexual As-
sault Response Coordinators and Sexual Assault Victim Ad-
vocates under paragraph (1) shall be available to a member 
regardless of whether the member elects unrestricted or re-
stricted (confidential) reporting of the sexual assault. 
‘‘(b) RESTRICTED REPORTING.—(1) Under regulations 
prescribed by the Secretary of Defense, a member of the
186 
† HR 1540 EAS 
SEC. 564. REQUIREMENT FOR PRIVILEGE IN CASES ARISING 
UNDER UNIFORM CODE OF MILITARY JUS-
TICE AGAINST DISCLOSURE OF COMMUNICA-
TIONS BETWEEN SEXUAL ASSAULT VICTIMS 
AND SEXUAL ASSAULT RESPONSE COORDINA-
TORS, SEXUAL ASSAULT VICTIM ADVOCATES, 
AND CERTAIN OTHER PERSONS. 
Not later than 60 days after the date of the enactment 
of this Act, the President shall establish in the Manual for 
Courts-Martial an evidentiary privilege against disclosure 
of certain communications by victims of sexual assault with 
Sexual Assault Response Coordinators, Sexual Assault Vic-
tim Advocates, and such other persons as the President shall 
specify for purposes of the privilege. 
SEC. 565. EXPEDITED CONSIDERATION AND DECISION-MAK-
ING ON REQUESTS FOR PERMANENT CHANGE 
OF STATION OR UNIT TRANSFER OF VICTIMS 
OF SEXUAL ASSAULT. 
(a) EXPEDITED CONSIDERATION AND PRIORITY FOR 
DECISIONMAKING.—The Secretaries of the military depart-
ments shall provide guidance on expedited consideration 
and decision-making, to the maximum extent practicable, 
on requests for a permanent change of station or unit trans-
fer submitted by a member of the Armed Forces serving on 
active duty who was a victim of a sexual assault.
187 
† HR 1540 EAS 
(b) REGULATIONS.—The Secretaries of the military de-
partments shall prescribe regulations to carry out this sec-
tion. 
SEC. 566. DEPARTMENT OF DEFENSE POLICY AND PROCE-
DURES ON RETENTION AND ACCESS TO EVI-
DENCE AND RECORDS RELATING TO SEXUAL 
ASSAULTS INVOLVING MEMBERS OF THE 
ARMED FORCES. 
(a) COMPREHENSIVE POLICY ON RETENTION AND AC-
CESS TO RECORDS.—Not later than February 1, 2013, the 
Secretary of Defense shall, in consultation with the Sec-
retary of Veterans Affairs, develop a comprehensive policy 
for the Department of Defense on the retention of and access 
to evidence and records relating to sexual assaults involving 
members of the Armed Forces. 
(b) OBJECTIVES.—The comprehensive policy required 
by subsection (a) shall include policies and procedures (in-
cluding systems of records) necessary to ensure preservation 
of records and evidence for periods of time that ensure that 
members of the Armed Forces and veterans of military serv-
ice who were the victims of sexual assault during military 
service are able to substantiate claims for veterans benefits, 
to support criminal or civil prosecutions by military or 
civil authorities, and for such purposes relating to the docu-
188 
† HR 1540 EAS 
mentation of the incidence of sexual assault in the Armed 
Forces as the Secretary of Defense considers appropriate. 
(c) ELEMENTS.—In developing the comprehensive pol-
icy required by subsection (a), the Secretary of Defense shall 
consider, at a minimum, the following matters: 
(1) Identification of records, including non-De-
partment of Defense records, relating to an incident 
of sexual assault, that must be retained. 
(2) Criteria for collection and retention of 
records. 
(3) Identification of physical evidence and non- 
documentary forms of evidence relating to sexual as-
saults that must be retained. 
(4) Length of time records and evidence must be 
retained, except that the length of time documentary 
evidence, physical evidence and forensic evidence must 
be retained shall be not less than five years. 
(5) Locations where records must be stored. 
(6) Media which may be used to preserve records 
and assure access, including an electronic systems of 
records. 
(7) Protection of privacy of individuals named 
in records and status of records under section 552 of 
title 5, United States Code (commonly referred to as 
the ‘‘Freedom of Information Act’’), section 552a of
189 
† HR 1540 EAS 
title 5, United States Code (commonly referred to as 
the ‘‘Privacy Act’’), and laws related to privilege. 
(8) Access to records by victims of sexual assault, 
the Department of Veterans Affairs, and others, in-
cluding alleged assailants and law enforcement au-
thorities. 
(9) Responsibilities for record retention by the 
military departments. 
(10) Education and training on record retention 
requirements. 
(11) Uniform collection of data on the incidence 
of sexual assaults and on disciplinary actions taken 
in substantiated cases of sexual assault. 
(d) UNIFORM APPLICATION
TO MILITARY DEPART-
MENTS.—The Secretary of Defense shall ensure that, to the 
maximum extent practicable, the policy developed under 
subsection (a) is implemented uniformly by the military de-
partments.
190 
† HR 1540 EAS 
Subtitle G—Defense Dependents’ 
Education 
SEC. 571. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 
EDUCATIONAL AGENCIES THAT BENEFIT DE-
PENDENTS OF MEMBERS OF THE ARMED 
FORCES AND DEPARTMENT OF DEFENSE CI-
VILIAN EMPLOYEES. 
(a) ASSISTANCE
TO SCHOOLS WITH SIGNIFICANT 
NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 
amount authorized to be appropriated for fiscal year 2012 
by section 301 and available for operation and maintenance 
for Defense-wide activities as specified in the funding table 
in section 4301, $25,000,000 shall be available only for the 
purpose of providing assistance to local educational agen-
cies under subsection (a) of section 572 of the National De-
fense Authorization Act for Fiscal Year 2006 (Public Law 
109–163; 20 U.S.C. 7703b). 
(b) LOCAL EDUCATIONAL AGENCY DEFINED.—In this 
section, the term ‘‘ ‘local educational agency’ ’’ has the 
meaning given that term in section 8013(9) of the Elemen-
tary and Secondary Education Act of 1965 (20 U.S.C. 
7713(9)).
191 
† HR 1540 EAS 
SEC. 572. IMPACT AID FOR CHILDREN WITH SEVERE DIS-
ABILITIES. 
Of the amount authorized to be appropriated for fiscal 
year 2012 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. 573. THREE-YEAR EXTENSION AND ENHANCEMENT OF 
AUTHORITIES ON TRANSITION OF MILITARY 
DEPENDENT STUDENTS AMONG LOCAL EDU-
CATIONAL AGENCIES. 
(a) ADDITIONAL AUTHORITIES.—Paragraph (2)(B) of 
section 574(d) of the John Warner National Defense Author-
ization Act for Fiscal Year 2007 (20 U.S.C. 7703b note) 
is amended— 
(1) by inserting ‘‘grant assistance’’ after ‘‘To 
provide’’; and 
(2) by striking ‘‘including—‘‘ and all that fol-
lows and inserting ‘‘including programs on the fol-
lowing: 
‘‘(i) Access to virtual and distance learning 
capabilities and related applications. 
‘‘(ii) Training for teachers.
192 
† HR 1540 EAS 
‘‘(iii) Academic strategies to increase aca-
demic achievement. 
‘‘(iv) Curriculum development. 
‘‘(v) Support for practices that minimize 
the impact of transition and deployment. 
‘‘(vi) Other appropriate services to improve 
the academic achievement of such students.’’. 
(b) THREE-YEAR EXTENSION.—Paragraph (3) of such 
section is amended by striking ‘‘September 30, 2013’’ and 
inserting ‘‘September 30, 2016’’. 
Subtitle H—Military Family 
Readiness 
SEC. 576. MODIFICATION OF MEMBERSHIP OF DEPARTMENT 
OF DEFENSE MILITARY FAMILY READINESS 
COUNCIL. 
Subsection (b) of section 1781a of title 10, United 
States Code, is amended to read as follows: 
‘‘(b) MEMBERS.—(1) The Council shall consist of the 
following members: 
‘‘(A) The Under Secretary of Defense for Per-
sonnel and Readiness, who shall serve as chair of the 
Council and who may designate a representative to 
chair the council in the Under Secretary’s absence. 
‘‘(B) The following, who shall be appointed or 
designated by the Secretary of Defense:
193 
† HR 1540 EAS 
‘‘(i) One representative of each of the Army, 
Navy, Marine Corps, and Air Force, each of 
whom may be a member of the armed force to be 
represented, the spouse of such a member, or the 
parent of such a member, and may represent ei-
ther the regular component or a reserve compo-
nent of that armed force. 
‘‘(ii) One representative of the Army Na-
tional Guard or Air National Guard, who may 
be a member of the National Guard, the spouse 
of such a member, or the parent of such a mem-
ber. 
‘‘(iii) One spouse of a member of each of the 
Army, Navy, Marine Corps, and Air Force, two 
of whom shall be the spouse of a regular compo-
nent member and two of whom shall be the 
spouse of a reserve component member. 
‘‘(iv) Three individuals appointed by the 
Secretary of Defense from among representatives 
of military family organizations, including mili-
tary family organizations of families of members 
of the regular components and of families of 
members of the reserve components.
194 
† HR 1540 EAS 
‘‘(v) The senior enlisted advisor, or the 
spouse of a senior enlisted member, from each of 
the Army, Navy, Marine Corps, and Air Force. 
‘‘(C) The Director of the Office of Community 
Support for Military Families with Special Needs. 
‘‘(2)(A) The term on the Council of the members ap-
pointed or designated under clauses (i) and (iii) of para-
graph (1)(B) shall be two years and may be renewed by 
the Secretary of Defense. Representation on the Council 
under clause (ii) of that paragraph shall rotate between the 
Army National Guard and Air National Guard every two 
years on a calendar year basis. 
‘‘(B) The term on the Council of the members ap-
pointed under clause (iv) of paragraph (1)(B) shall be three 
years.’’. 
SEC. 577. COMPTROLLER GENERAL OF THE UNITED STATES 
REPORT ON DEPARTMENT OF DEFENSE MILI-
TARY SPOUSE EMPLOYMENT PROGRAMS. 
(a) IN GENERAL.—The Comptroller General of the 
United States shall carry out a review of all current De-
partment of Defense military spouse employment programs. 
(b) ELEMENTS.—The review required by subsection (a) 
shall, address, at a minimum, the following: 
(1) The efficacy and effectiveness of Department 
of Defense military spouse employment programs.
195 
† HR 1540 EAS 
(2) All current Department programs to support 
military spouses or dependents for the purposes of em-
ployment assistance. 
(3) The types of military spouse employment 
programs that have been considered or used in the 
past by the Department. 
(4) The ways in which military spouse employ-
ment programs have changed in recent years. 
(5) The benefits or programs that are specifically 
available to provide employment assistance to spouses 
of members of the Armed Forces serving in Operation 
Iraqi Freedom, Operation Enduring Freedom, or Op-
eration New Dawn, or any other contingency oper-
ation being conducted by the Armed Forces as of the 
date of such review. 
(6) Existing mechanisms available to military 
spouses to express their views on the effectiveness and 
future direction of Department programs and policies 
on employment assistance for military spouses. 
(7) The oversight provided by the Office of Per-
sonnel and Management regarding preferences for 
military spouses in Federal employment. 
(c) COMPTROLLER GENERAL REPORT.—Not later than 
180 days after the date of the enactment of this Act, the 
Comptroller General shall submit to the congressional de-
196 
† HR 1540 EAS 
fense committees a report on the review carried out under 
subsection (a). The report shall set forth the following: 
(1) The results of the review concerned. 
(2) Such clear and concrete metrics as the Comp-
troller General considers appropriate for the current 
and future evaluation and assessment of the efficacy 
and effectiveness of Department of Defense military 
spouse employment programs. 
(3) A description of the assumptions utilized in 
the review, and an assessment of the validity and 
completeness of such assumptions. 
(4) Such recommendations as the Comptroller 
General considers appropriate for improving Depart-
ment of Defense military spouse employment pro-
grams. 
(d) DEPARTMENT OF DEFENSE REPORT.—Not later 
than 180 days after the date of the enactment of this Act, 
the Secretary of Defense shall submit to the congressional 
defense committees a report setting forth the number (or a 
reasonable estimate if a precise number is not available) 
of military spouses who have obtained employment fol-
lowing participation in Department of Defense military 
spouse employment programs. The report shall set forth 
such number (or estimate) for the Department of Defense
197 
† HR 1540 EAS 
military spouse employment programs as a whole and for 
each such military spouse employment program. 
Subtitle I—Other Matters 
SEC. 581. COLD WAR SERVICE MEDAL. 
(a) MEDAL AUTHORIZED.—The Secretary of Defense 
may authorize the issuance by the Secretaries concerned of 
a service medal, to be known as the ‘‘Cold War Service 
Medal’’, to persons eligible to receive the medal under the 
regulations under subsection (b). 
(b) REGULATIONS.— 
(1) IN GENERAL.—The issuance of a Cold War 
Service Medal under this section shall be subject to 
regulations prescribed by Secretary of Defense. 
(2) ELEMENTS.—The regulations shall— 
(A) provide for an appropriate design for 
the Cold War Service Medal; and 
(B) specify the persons eligible to receive the 
medal. 
(c) SECRETARIES CONCERNED DEFINED.—In this sec-
tion, the term ‘‘Secretaries concerned’’ has the meaning 
given that term in section 101(a)(9) of title 10, United 
States Code.
198 
† HR 1540 EAS 
SEC. 582. ENHANCEMENT AND IMPROVEMENT OF YELLOW 
RIBBON REINTEGRATION PROGRAM. 
(a) INCLUSION OF PROGRAMS OF OUTREACH IN PRO-
GRAM.—Subsection (b) of section 582 of the National De-
fense Authorization Act for Fiscal Year 2008 (10 U.S.C. 
10101 note) is amended by inserting ‘‘(including programs 
of outreach)’’ after ‘‘informational events and activities’’. 
(b) RESTATEMENT OF FUNCTIONS OF CENTER FOR EX-
CELLENCE IN REINTEGRATION AND INCLUSION IN FUNC-
TIONS OF IDENTIFICATION OF BEST PRACTICES IN PRO-
GRAMS OF OUTREACH.—Subsection (d)(2) of such section 
is amended by striking the second, third, and fourth sen-
tences and inserting the following: ‘‘The Center shall have 
the following functions: 
‘‘(A) To collect and analyze ‘lessons learned’ 
and suggestions from State National Guard and 
Reserve organizations with existing or developing 
reintegration programs. 
‘‘(B) To assist in developing training aids 
and briefing materials and training representa-
tives from State National Guard and Reserve or-
ganizations. 
‘‘(C) To develop and implement a process 
for evaluating the effectiveness of the Yellow Rib-
bon Reintegration Program in supporting the 
health and well-being of members of the Armed
199 
† HR 1540 EAS 
Forces and their families throughout the deploy-
ment cycle described in subsection (g). 
‘‘(D) To develop and implement a process 
for identifying best practices in the delivery of 
information and services in programs of out-
reach as described in subsection (j).’’. 
(c) STATE-LED PROGRAMS OF OUTREACH.—Such sec-
tion is further amended by adding at the end the following 
new subsection: 
‘‘(j) STATE-LED PROGRAMS OF OUTREACH.—The Of-
fice for Reintegration Programs may work with the States, 
whether acting through or in coordination with their Na-
tional Guard and Reserve organizations, to assist the States 
and such organizations in developing and carrying out pro-
grams of outreach for members of the Armed Forces and 
their families to inform and educate them on the assistance 
and services available to them under the Yellow Ribbon Re-
integration Program, including the assistance and services 
described in subsection (h).’’. 
(d) SCOPE OF ACTIVITIES UNDER PROGRAMS OF OUT-
REACH.—Such section is further amended by adding at the 
end the following new subsection: 
‘‘(k) SCOPE
OF ACTIVITIES UNDER PROGRAMS
OF 
OUTREACH.—For purposes of this section, the activities and 
services provided under programs of outreach may include
200 
† HR 1540 EAS 
personalized and substantive care coordination services tar-
geted specifically to individual members of the Armed 
Forces and their families.’’. 
SEC. 583. REPORT ON PROCESS FOR EXPEDITED DETER-
MINATION OF DISABILITY OF MEMBERS OF 
THE ARMED FORCES WITH CERTAIN DIS-
ABLING CONDITIONS. 
(a) IN GENERAL.—Not later than September 1, 2012, 
the Secretary of Defense shall submit to Congress a report 
setting forth an assessment of the feasibility and advis-
ability of the establishment by the military departments of 
a process to expedite the determination of disability with 
respect members of the Armed Forces, including regular 
members and members of the reserve components, who suffer 
from certain disabling diseases or conditions. If the estab-
lishment of such a process is considered feasible and advis-
able, the report shall set forth such recommendations for leg-
islative and administrative action as the Secretary consider 
appropriate for the establishment of such process. 
(b) REQUIREMENTS FOR STUDY FOR REPORT.— 
(1) EVALUATION OF APPROPRIATE ELEMENTS OF 
SIMILAR
FEDERAL
PROGRAMS.—In conducting the 
study required for purposes of the preparation of the 
report required by subsection (a), the Secretary of De-
fense shall evaluate elements of programs for expe-
201 
† HR 1540 EAS 
dited determinations of disability that are currently 
carried out by other departments and agencies of the 
Federal Government, including the Quick Disability 
Determination program and the Compassionate Al-
lowances program of the Social Security Administra-
tion. 
(2) CONSULTATION.—The Secretary of Defense 
shall conduct the study in consultation with the Sec-
retary of Veterans Affairs. 
SEC. 584. REPORT ON THE ACHIEVEMENT OF DIVERSITY 
GOALS FOR THE LEADERSHIP OF THE ARMED 
FORCES. 
(a) REPORT REQUIRED.—Not later than one year 
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 
on the achievement of diversity goals for the leadership of 
the Armed Forces. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include the following: 
(1) An assessment by each Secretary of a mili-
tary department of progress towards the achievement 
of diversity goals for the leadership within each 
Armed Force under the jurisdiction of such Secretary,
202 
† HR 1540 EAS 
including the reserve components of such Armed 
Force. 
(2) A discussion of the findings and rec-
ommendations included in the final report of the 
Military Leadership Diversity Commission entitled 
‘‘From Representation to Inclusion: Diversity Leader-
ship for the 21st Century Military’’, and in other rel-
evant policies, studies, reports, evaluations, and as-
sessments. 
SEC. 585. SPECIFICATION OF PERIOD IN WHICH APPLICA-
TION FOR VOTER REGISTRATION OR ABSEN-
TEE BALLOT FROM AN OVERSEAS VOTER IS 
VALID. 
Section 104 of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff–3) is amended— 
(1) by inserting ‘‘or overseas voter’’ after ‘‘absent 
uniformed services voter’’; and 
(2) by striking ‘‘members of the uniformed serv-
ices’’ and inserting ‘‘uniformed services voters or over-
seas voters’’. 
SEC. 586. AUTHORIZATION AND REQUEST FOR AWARD OF 
MEDAL OF HONOR TO EMIL KAPAUN FOR 
ACTS OF VALOR DURING THE KOREAN WAR. 
(a) AUTHORIZATION.—Notwithstanding the time limi-
tations specified in section 3744 of title 10, United States
203 
† HR 1540 EAS 
Code, or any other time limitation with respect to the 
awarding of certain medals to persons who served in the 
Armed Forces, the President is authorized and requested to 
award the Medal of Honor posthumously under section 
3741 of such title to Emil Kapaun for the acts of valor 
during the Korean War described in subsection (b). 
(b) ACTS OF VALOR DESCRIBED.—The acts of valor 
referred to in subsection (a) are the actions of then Captain 
Emil Kapaun as a member of the 8th Cavalry Regiment 
during the Battle of Unsan on November 1 and 2, 1950, 
and while a prisoner of war until his death on May 23, 
1951, during the Korean War. 
SEC. 587. AUTHORIZATION FOR AWARD OF THE DISTIN-
GUISHED 
SERVICE 
CROSS 
FOR 
CAPTAIN 
FREDRICK 
L. 
SPAULDING 
FOR 
ACTS 
OF 
VALOR DURING THE VIETNAM WAR. 
(a) AUTHORIZATION.—Notwithstanding the time limi-
tations specified in section 3744 of title 10, United States 
Code, or any other time limitation with respect to the 
awarding of certain medals to persons who served in the 
United States Armed Forces, the Secretary of the Army is 
authorized to award the Distinguished Service Cross under 
section 3742 of such title to Captain Fredrick L. Spaulding 
for acts of valor during the Vietnam War described in sub-
section (b).
204 
† HR 1540 EAS 
(b) ACTS OF VALOR DESCRIBED.—The acts of valor 
referred to in subsection (a) are the actions of Fredrick L. 
Spaulding, on July 23, 1970, as a member of the United 
States Army serving in the grade of Captain in the Repub-
lic of Vietnam while assigned with Headquarters and Head-
quarters Company, 3d Brigade, 101st Airborne Division. 
TITLE VI—COMPENSATION AND 
OTHER PERSONNEL BENEFITS 
Subtitle A—Bonuses and Special 
and Incentive Pays 
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING 
BONUS AND SPECIAL PAY AUTHORITIES. 
(a) AUTHORITIES RELATING TO RESERVE FORCES.— 
The following sections of title 37, United States Code, are 
amended by striking ‘‘December 31, 2011’’ and inserting 
‘‘December 31, 2012’’: 
(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. 
(4) Section 308g(f)(2), relating to Ready Reserve 
enlistment bonus for persons without prior service.
205 
† HR 1540 EAS 
(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. 
(b) TITLE 10 AUTHORITIES RELATING TO HEALTH 
CARE PROFESSIONALS.—The following sections of title 10, 
United States Code, are amended by striking ‘‘December 31, 
2011’’ and inserting ‘‘December 31, 2012’’: 
(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. 
(c) TITLE 37 AUTHORITIES RELATING TO HEALTH 
CARE PROFESSIONALS.—The following sections of title 37, 
United States Code, are amended by striking ‘‘December 31, 
2011’’ and inserting ‘‘December 31, 2012’’: 
(1) Section 302c–1(f), relating to accession and 
retention bonuses for psychologists.
206 
† HR 1540 EAS 
(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. 
(9) Section 335(k), relating to bonus and incen-
tive pay authorities for officers in health professions. 
(d) AUTHORITIES
RELATING
TO
NUCLEAR
OFFI-
CERS.—The following sections of title 37, United States 
Code, are amended by striking ‘‘December 31, 2011’’ and 
inserting ‘‘December 31, 2012’’:
207 
† HR 1540 EAS 
(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. 
(4) Section 333(i), relating to special bonus and 
incentive pay authorities for nuclear officers. 
(e) AUTHORITIES RELATING TO TITLE 37 CONSOLI-
DATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AU-
THORITIES.—The following sections of title 37, United 
States Code, are amended by striking ‘‘December 31, 2011’’ 
and inserting ‘‘December 31, 2012’’: 
(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 334(i), relating to special aviation 
incentive pay and bonus authorities for officers. 
(4) Section 351(h), relating to hazardous duty 
pay. 
(5) Section 352(g), relating to assignment pay or 
special duty pay.
208 
† HR 1540 EAS 
(6) Section 353(i), relating to skill incentive pay 
or proficiency bonus. 
(7) Section 355(h), relating to retention incen-
tives for members qualified in critical military skills 
or assigned to high priority units. 
(f) OTHER TITLE 37 BONUS AND SPECIAL PAY AU-
THORITIES.—The following sections of title 37, United 
States Code, are amended by striking ‘‘December 31, 2011’’ 
and inserting ‘‘December 31, 2012’’: 
(1) Section 301b(a), relating to aviation officer 
retention bonus. 
(2) Section 307a(g), relating to assignment in-
centive pay. 
(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 the Armed Forces. 
(8) Section 330(f), relating to accession bonus for 
officer candidates.
209 
† HR 1540 EAS 
(g) INCREASED BAH FOR AREAS EXPERIENCING DIS-
ASTERS OR SUDDEN INCREASES IN PERSONNEL.—Section 
403(b)(7)(E) of title 37, United States Code, is amended 
by inserting before the period at the end the following: ‘‘, 
except that such an increase may be prescribed for the pe-
riod beginning on January 1, 2012, and ending on Decem-
ber 31, 2012’’. 
SEC. 612. MODIFICATION OF QUALIFYING PERIOD FOR PAY-
MENT OF HOSTILE FIRE AND IMMINENT DAN-
GER SPECIAL PAY AND HAZARDOUS DUTY 
SPECIAL PAY. 
(a) HOSTILE FIRE AND IMMINENT DANGER PAY.— 
Section 310 of title 37, United States Code, is amended— 
(1) in subsection (a), by striking ‘‘for any month 
or portion of a month’’ and inserting ‘‘for any day 
or portion of a day’’; 
(2) by striking subsection (b) and inserting the 
following new subsection (b): 
‘‘(b) SPECIAL PAY AMOUNT.—The amount of special 
pay authorized by subsection (a) for a day or portion of 
a day may not exceed an amount equal to $225 divided 
by the number of days of the month in which such day 
falls.’’;
210 
† HR 1540 EAS 
(3) in subsection (c)(1), by inserting ‘‘for any 
day (or portion of a day) of’’ before ‘‘not more than 
three additional months’’; and 
(4) in subsection (d)(2), by striking ‘‘any 
month’’ and inserting ‘‘any day’’. 
(b) HAZARDOUS DUTY PAY.—Section 351(c)(2) of such 
title is amended by striking ‘‘receipt of hazardous duty 
pay,’’ and all that follows and inserting ‘‘receipt of haz-
ardous duty pay— 
‘‘(A) in the case of hazardous duty pay pay-
able under paragraph (1) of subsection (a), the 
Secretary concerned shall prorate the payment 
amount to reflect the duration of the member’s 
actual qualifying service during the month; and 
‘‘(B) in the case of hazardous duty pay 
payable under paragraph (2) or (3) of subsection 
(a), the Secretary concerned may prorate the 
payment amount to reflect the duration of the 
member’s actual qualifying service during the 
month.’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on October 1, 2011, and shall apply 
with respect to duty performed on or after that date.
211 
† HR 1540 EAS 
Subtitle B—Consolidation and Re-
form of Travel and Transpor-
tation Authorities 
SEC. 621. CONSOLIDATION AND REFORM OF TRAVEL AND 
TRANSPORTATION AUTHORITIES OF THE UNI-
FORMED SERVICES. 
(a) PURPOSE.—This section establishes general travel 
and transportation provisions for members of the uniformed 
services and other travelers authorized to travel under offi-
cial conditions. Recognizing the complexities and the chang-
ing nature of travel, the amendments made by this section 
provide the Secretary of Defense and the other admin-
istering Secretaries with the authority to prescribe and im-
plement travel and transportation policy that is simple, 
clear, efficient, and flexible, and that meets mission and 
servicemember needs, while realizing cost savings that 
should come with a more efficient and less cumbersome sys-
tem for travel and transportation. 
(b) CONSOLIDATED AUTHORITIES.—Title 37, United 
States Code, is amended by inserting after chapter 7 the 
following new chapter: 
‘‘CHAPTER 8—TRAVEL AND 
TRANSPORTATION ALLOWANCES 
‘‘Sec. 
‘‘SUBCHAPTER I—TRAVEL AND TRANSPORTATION AUTHORITIES—NEW LAW 
‘‘451. Definitions.
212 
† HR 1540 EAS 
‘‘452. Allowable travel and transportation: general authorities. 
‘‘453. Allowable travel and transportation: specific authorities. 
‘‘454. Travel and transportation: pilot programs. 
‘‘455. Appropriations for travel: may not be used for attendance at certain meet-
ings. 
‘‘SUBCHAPTER II—ADMINISTRATIVE PROVISIONS 
‘‘461. Relationship to other travel and transportation authorities. 
‘‘462. Travel and transportation allowances paid to members that are unauthor-
ized or in excess of authorized amounts: requirement for repay-
ment. 
‘‘463. Program of compliance; electronic processing of travel claims. 
‘‘464. Regulations. 
‘‘SUBCHAPTER III—TRAVEL AND TRANSPORTATION AUTHORITIES—OLD LAW 
‘‘471. Travel authorities transition expiration date. 
‘‘472. Definitions and other incorporated provisions of chapter 7. 
‘‘474. Travel and transportation allowances: general. 
‘‘474a. Travel and transportation allowances: temporary lodging expenses. 
‘‘474b. Travel and transportation allowances: payment of lodging expenses at tem-
porary duty location during authorized absence of member. 
‘‘475. Travel and transportation allowances: per diem while on duty outside the 
continental United States. 
‘‘475a. Travel and transportation allowances: departure allowances. 
‘‘476. Travel and transportation allowances: dependents; baggage and household 
effects. 
‘‘476a. Travel and transportation allowances: authorized for travel performed 
under orders that are canceled, revoked, or modified. 
‘‘476b. Travel and transportation allowances: members of the uniformed services 
attached to a ship overhauling or inactivating. 
‘‘476c. Travel and transportation allowances: members assigned to a vessel under 
construction. 
‘‘477. Travel and transportation allowances: dislocation allowance. 
‘‘478. Travel and transportation allowances: travel within limits of duty station. 
‘‘478a. Travel and transportation allowances: inactive duty training outside of the 
normal commuting distances. 
‘‘479. Travel and transportation allowances: house trailers and mobile homes. 
‘‘480. Travel and transportation allowances: miscellaneous categories. 
‘‘481. Travel and transportation allowances: administrative provisions. 
‘‘481a. Travel and transportation allowances: travel performed in connection with 
convalescent leave. 
‘‘481b. Travel and transportation allowances: travel performed in connection with 
leave between consecutive overseas tours. 
‘‘481c. Travel and transportation allowances: travel performed in connection with 
rest and recuperative leave from certain stations in foreign coun-
tries. 
‘‘481d. Travel and transportation allowances: transportation incident to personal 
emergencies for certain members and dependents. 
‘‘481e. Travel and transportation allowances: transportation incident to certain 
emergencies for members performing temporary duty. 
‘‘481f. Travel and transportation allowances: transportation for survivors of de-
ceased member to attend the member’s burial ceremonies.
213 
† HR 1540 EAS 
‘‘481h. Travel and transportation allowances: transportation of designated indi-
viduals incident to hospitalization of members for treatment of 
wounds, illness, or injury. 
‘‘481i. Travel and transportation allowances: parking expenses. 
‘‘481j. Travel and transportation allowances: transportation of family members 
incident to the repatriation of members held captive. 
‘‘481k. Travel and transportation allowances: non-medical attendants for members 
determined to be very seriously or seriously wounded, ill, or in-
jured. 
‘‘481l. Travel and transportation allowances: attendance of members and others 
at Yellow Ribbon Reintegration Program events. 
‘‘484. Travel and transportation: dependents of members in a missing status; 
household and personal effects; trailers; additional movements; 
motor vehicles; sale of bulky items; claims for proceeds; appro-
priation chargeable. 
‘‘488. Allowance for recruiting expenses. 
‘‘489. Travel and transportation allowances: minor dependent schooling. 
‘‘490. Travel and transportation: dependent children of members stationed over-
seas. 
‘‘491. Benefits for certain members assigned to the Defense Intelligence Agency. 
‘‘492. Travel and transportation: members escorting certain dependents. 
‘‘494. Subsistence reimbursement relating to escorts of foreign arms control inspec-
tion teams. 
‘‘495. Funeral honors duty: allowance. 
‘‘SUBCHAPTER I—TRAVEL AND 
TRANSPORTATION AUTHORITIES—NEW LAW 
‘‘§ 451. Definitions 
‘‘(a) DEFINITIONS RELATING TO PERSONS.—In this 
subchapter and subchapter II: 
‘‘(1) The term ‘administering Secretary’ or ‘ad-
ministering Secretaries’ means the following: 
‘‘(A) The Secretary of Defense, with respect 
to the armed forces (including the Coast Guard 
when it is operating as a service in the Navy). 
‘‘(B) The Secretary of Homeland Security, 
with respect to the Coast Guard when it is not 
operating as a service in the Navy.
214 
† HR 1540 EAS 
‘‘(C) The Secretary of Commerce, with re-
spect to the National Oceanic and Atmospheric 
Administration. 
‘‘(D) The Secretary of Health and Human 
Services, with respect to the Public Health Serv-
ice. 
‘‘(2) The term ‘authorized traveler’ means a per-
son who is authorized travel and transportation al-
lowances when performing official travel ordered or 
authorized by the administering Secretary. Such term 
includes the following: 
‘‘(A) A member of the uniformed services. 
‘‘(B) A family member of a member of the 
uniformed services. 
‘‘(C) A person acting as an escort or attend-
ant for a member or family member who is trav-
eling on official travel or is traveling with the 
remains of a deceased member. 
‘‘(D) A person who participates in a mili-
tary funeral honors detail. 
‘‘(E) A Senior Reserve Officers’ Training 
Corps cadet or midshipman. 
‘‘(F) An applicant or rejected applicant for 
enlistment.
217 
† HR 1540 EAS 
‘‘(E) Other travel as authorized or ordered 
by the administering Secretary. 
‘‘(2) The term ‘actual and necessary expenses’ 
means expenses incurred in fact by an authorized 
traveler as a reasonable consequence of official travel. 
‘‘(3) The term ‘travel allowances’ means the 
daily lodging, meals, and other related expenses, in-
cluding relocation expenses, incurred by an author-
ized traveler while on official travel. 
‘‘(4) The term ‘transportation allowances’ means 
the costs of temporarily or permanently moving an 
authorized traveler, the personal property of an au-
thorized traveler, or a combination thereof. 
‘‘(5) The term ‘transportation-, lodging-, or 
meals-in-kind’ means transportation, lodging, or 
meals provided by the Government without cost to an 
authorized traveler. 
‘‘(6) The term ‘miscellaneous expenses’ means 
authorized expenses incurred in addition to author-
ized allowances during the performance of official 
travel by an authorized traveler. 
‘‘(7) The term ‘personal property’, with respect 
to transportation allowances, includes baggage, fur-
niture, and other household items, clothing, privately 
owned vehicles, house trailers, mobile homes, and any
218 
† HR 1540 EAS 
other personal items that would not otherwise be pro-
hibited by any other provision of law or regulation 
prescribed under section 464 of this title. 
‘‘(8) The term ‘relocation allowances’ means the 
costs associated with relocating a member of the uni-
formed services and the member’s dependents between 
an old and new temporary or permanent duty assign-
ment location or other authorized location. 
‘‘(9) The term ‘dislocation allowances’ means the 
costs associated with relocation of the household of a 
member of the uniformed services and the member’s 
dependents in relation to a change in the member’s 
permanent duty assignment location ordered for the 
convenience of the Government or incident to an evac-
uation. 
‘‘§ 452. Allowable travel and transportation: general 
authorities 
‘‘(a) IN GENERAL.—Except as otherwise prohibited by 
law, a member of the uniformed services or other authorized 
traveler may be provided transportation-, lodging-, or 
meals-in-kind, or actual and necessary expenses of travel 
and transportation, for, or in connection with, official trav-
el under circumstances as specified in regulations pre-
scribed under section 464 of this title.
219 
† HR 1540 EAS 
‘‘(b) SPECIFIC CIRCUMSTANCES.—The authority under 
subsection (a) includes travel under or in connection with, 
but not limited to, the following circumstances, to the extent 
specified in regulations prescribed under section 464 of this 
title: 
‘‘(1) Temporary duty that requires travel be-
tween a permanent duty assignment location and an-
other authorized temporary duty location, and travel 
in or around the temporary duty location. 
‘‘(2) Permanent change of station that requires 
travel between an old and new temporary or perma-
nent duty assignment location or other authorized lo-
cation. 
‘‘(3) Temporary duty or assignment relocation 
related to consecutive overseas tours or in-place-con-
secutive overseas tours. 
‘‘(4) Recruiting duties for the armed forces. 
‘‘(5) Assignment or detail to another Government 
department or agency. 
‘‘(6) Rest and recuperative leave. 
‘‘(7) Convalescent leave. 
‘‘(8) Reenlistment leave. 
‘‘(9) Reserve component inactive-duty training 
performed outside the normal commuting distance of 
the member’s permanent residence.
220 
† HR 1540 EAS 
‘‘(10) Ready Reserve muster duty. 
‘‘(11) Unusual, extraordinary, hardship, or 
emergency circumstances. 
‘‘(12) Presence of family members at a military 
medical facility incident to the illness or injury of 
members. 
‘‘(13) Presence of family members at the repatri-
ation of members held captive. 
‘‘(14) Presence of non-medical attendants for 
very seriously or seriously wounded, ill, or injured 
members. 
‘‘(15) Attendance at Yellow Ribbon Reintegra-
tion Program events. 
‘‘(16) Missing status, as determined by the Sec-
retary concerned under chapter 10 of this title. 
‘‘(17) Attendance at or participation in inter-
national sports competitions described under section 
717 of title 10. 
‘‘(c) MATTERS INCLUDED.—Travel and transportation 
allowances which may be provided under subsection (a) in-
clude the following: 
‘‘(1) Allowances for transportation, lodging, and 
meals.
221 
† HR 1540 EAS 
‘‘(2) Dislocation or relocation allowances paid in 
connection with a change in a member’s temporary or 
permanent duty assignment location. 
‘‘(3) Other related miscellaneous expenses. 
‘‘(d) MODE OF PROVIDING TRAVEL AND TRANSPOR-
TATION ALLOWANCES.—Any authorized travel and trans-
portation may be provided— 
‘‘(1) as an actual expense; 
‘‘(2) as an authorized allowance; 
‘‘(3) in-kind; or 
‘‘(4) using a combination of the authorities 
under paragraphs (1), (2), and (3). 
‘‘(e) TRAVEL
AND TRANSPORTATION ALLOWANCES 
WHEN TRAVEL ORDERS ARE MODIFIED, ETC.—An author-
ized traveler whose travel and transportation order or au-
thorization is canceled, revoked, or modified may be allowed 
actual and necessary expenses or travel and transportation 
allowances in connection with travel performed pursuant 
to such order or authorization before such order or author-
ization is cancelled, revoked, or modified. 
‘‘(f) ADVANCE PAYMENTS.—An authorized traveler 
may be allowed advance payments for authorized travel and 
transportation allowances.
222 
† HR 1540 EAS 
‘‘(g) RESPONSIBILITY
FOR
UNAUTHORIZED
EX-
PENSES.—Any unauthorized travel or transportation ex-
pense is not the responsibility of the United States. 
‘‘(h) RELATIONSHIP TO OTHER AUTHORITIES.—The 
administering Secretary may not provide payment under 
this section for an expense for which payment may be pro-
vided from any other appropriate Government or non-Gov-
ernment entity. 
‘‘§ 453. Allowable travel and transportation: specific 
authorities 
‘‘(a) IN GENERAL.—In addition to any other authority 
for the provision of travel and transportation allowances, 
the administering Secretaries may provide travel and 
transportation allowances under this subchapter in accord-
ance with this section. 
‘‘(b) AUTHORIZED ABSENCE FROM TEMPORARY DUTY 
LOCATION.—An authorized traveler may be paid travel and 
transportation allowances, or reimbursed for actual and 
necessary expenses of travel, incurred at a temporary duty 
location during an authorized absence from that location. 
‘‘(c) MOVEMENT
OF PERSONAL PROPERTY.—(1) A 
member of a uniformed service may be allowed moving ex-
penses and transportation allowances for self and depend-
ents associated with the movement of personal property and
223 
† HR 1540 EAS 
household goods, including such expenses when associated 
with a self-move. 
‘‘(2) The authority in paragraph (1) includes the 
movement and temporary and non-temporary storage of 
personal property, household goods, and privately owned ve-
hicles (but not to exceed one privately owned vehicle per 
member household) in connection with the temporary or 
permanent move between authorized locations. 
‘‘(3) For movement of household goods, the admin-
istering Secretaries shall prescribe weight allowances in reg-
ulations under section 464 of this title. The prescribed 
weight allowances may not exceed 18,000 pounds (including 
packing, crating, and household goods in temporary stor-
age), except that the administering Secretary may, on a 
case-by-case basis, authorize additional weight allowances 
as necessary. 
‘‘(4) The administering Secretary may prescribe the 
terms, rates, and conditions that authorize a member of the 
uniformed services to ship or store a privately owned vehi-
cle. 
‘‘(5) No carrier, port agent, warehouseman, freight for-
warder, or other person involved in the transportation of 
property may have any lien on, or hold, impound, or other-
wise interfere with, the movement of baggage and household 
goods being transported under this section.
224 
† HR 1540 EAS 
‘‘(d) UNUSUAL OR EMERGENCY CIRCUMSTANCES.—An 
authorized traveler may be provided travel and transpor-
tation allowances under this section for unusual, extraor-
dinary, hardship, or emergency circumstances, including 
circumstances warranting evacuation from a permanent 
duty assignment location. 
‘‘(e) PARTICULAR SEPARATION PROVISIONS.—The ad-
ministering Secretary may provide travel-in-kind and 
transportation-in-kind for the following persons in accord-
ance with regulations prescribed under section 464 of this 
title: 
‘‘(1) A member who is retired, or is placed on 
the temporary disability retired list, under chapter 61 
of title 10. 
‘‘(2) A member who is retired with pay under 
any other law or who, immediately following at least 
eight years of continuous active duty with no single 
break therein of more than 90 days, is discharged 
with separation pay or is involuntarily released from 
active duty with separation pay or readjustment pay. 
‘‘(3) A member who is discharged under section 
1173 of title 10. 
‘‘(f) ATTENDANCE AT MEMORIAL CEREMONIES AND 
SERVICES.—A family member or member of the uniformed 
services who attends a deceased member’s repatriation, bur-
225 
† HR 1540 EAS 
ial, or memorial ceremony or service may be provided travel 
and transportation allowances to the extent provided in reg-
ulations prescribed under section 464 of this title. 
‘‘§ 454. Travel and transportation: pilot programs 
‘‘(a) PILOT PROGRAMS.—Except as otherwise prohib-
ited by law, the Secretary of Defense may conduct pilot pro-
grams to evaluate alternative travel and transportation 
programs, policies, and processes for Department of Defense 
authorized travelers. Any such pilot program shall be de-
signed to enhance cost savings or other efficiencies that ac-
crue to the Government and be conducted so as to evaluate 
one or more of the following: 
‘‘(1) Alternative methods for performing and re-
imbursing travel. 
‘‘(2) Means for limiting the need for travel. 
‘‘(3) Means for reducing the environmental im-
pact of travel. 
‘‘(b) LIMITATIONS.—(1) Not more than three pilot pro-
grams may be carried out under subsection (a) at any one 
time. 
‘‘(2) The duration of a pilot program may not exceed 
four years. 
‘‘(3) The authority to carry out a pilot program is 
subject to the availability of appropriated funds.
226 
† HR 1540 EAS 
‘‘(c) REPORTS.—(1) Not later than 30 days before the 
commencement of a pilot program under subsection (a), the 
Secretary shall submit to the congressional defense commit-
tees a report on the pilot program. The report on a pilot 
program under this paragraph shall set forth a description 
of the pilot program, including the following: 
‘‘(A) The purpose of the pilot program. 
‘‘(B) The duration of the pilot program. 
‘‘(C) The cost savings or other efficiencies antici-
pated to accrue to the Government under the pilot 
program. 
‘‘(2) Not later than 60 days after the completion of 
a pilot program, the Secretary shall submit to the congres-
sional defense committees a report on the pilot program. 
The report on a pilot program under this paragraph shall 
set forth the following: 
‘‘(A) A description of results of the pilot pro-
gram. 
‘‘(B) Such recommendations for legislative or ad-
ministrative action as the Secretary considers appro-
priate in light of the pilot program. 
‘‘(d) CONGRESSIONAL DEFENSE COMMITTEES DE-
FINED.—In this section, the term ‘congressional defense 
committees’ has the meaning given that term in section 
101(a)(16) of title 10.
227 
† HR 1540 EAS 
‘‘SUBCHAPTER II—ADMINISTRATIVE PROVISIONS 
‘‘§ 461. Relationship to other travel and transpor-
tation authorities 
‘‘An authorized traveler may not be paid travel and 
transportation allowances or receive travel-in-kind and 
transportation-in-kind, or a combination thereof, under 
both subchapter I and subchapter III for official travel per-
formed under a single or related travel and transportation 
order or authorization by the administering Secretary. 
‘‘§ 462. Travel and transportation allowances paid to 
members that are unauthorized or in ex-
cess of authorized amounts: requirement 
for repayment 
‘‘(a) REPAYMENT REQUIRED.—Except as provided in 
subsection (b), a member of the uniformed services or other 
person who is paid travel and transportation allowances 
under subchapter I shall repay to the United States any 
amount of such payment that is determined to be unauthor-
ized or in excess of the applicable authorized amount. 
‘‘(b) EXCEPTION.—The regulations prescribed under 
section 464 of this title shall specify procedures for deter-
mining the circumstances under which an exception to re-
payment otherwise required by subsection (a) may be grant-
ed.
228 
† HR 1540 EAS 
‘‘(c) EFFECT
OF BANKRUPTCY.—An obligation to 
repay the United States under this section is, for all pur-
poses, a debt owed the United States. A discharge in bank-
ruptcy under title 11 does not discharge a person from such 
debt if the discharge order is entered less than five years 
after the date on which the debt was incurred. 
‘‘§ 463. Programs of compliance; electronic processing 
of travel claims 
‘‘(a) PROGRAMS OF COMPLIANCE.—The administering 
Secretaries shall provide for compliance with the require-
ments of this chapter through programs of compliance estab-
lished and maintained for that purpose. 
‘‘(b) ELEMENTS.—The programs of compliance under 
subsection (a) shall— 
‘‘(1) minimize the provision of benefits under 
this chapter based on inaccurate claims, unauthorized 
claims, overstated or inflated claims, and multiple 
claims for the same benefits through the electronic 
verification of travel claims on a near-time basis and 
such other means as the administering Secretaries 
may establish for purposes of the programs of compli-
ance; and 
‘‘(2) ensure that benefits provided under this 
chapter do not exceed reasonable or actual and nec-
229 
† HR 1540 EAS 
essary expenses of travel claimed or reasonable allow-
ances based on commercial travel rates. 
‘‘(c) ELECTRONIC PROCESSING OF TRAVEL CLAIMS.— 
(1) By not later than the date that is five years after the 
date of the enactment of the National Defense Authorization 
Act for Fiscal Year 2012, any travel claim under this chap-
ter shall be processed electronically. 
‘‘(2) The administering Secretary, or the Secretary’s 
designee, may waive the requirement in paragraph (1) with 
respect to a particular claim in the interests of the depart-
ment concerned. 
‘‘(3) The electronic processing of claims under this sub-
section shall be subject to the regulations prescribed by the 
Secretary of Defense under section 464 of this title which 
shall apply uniformly to all members of the uniformed serv-
ices and, to the extent practicable, to all other authorized 
travelers. 
‘‘§ 464. Regulations 
‘‘This subchapter and subchapter I shall be adminis-
tered under terms, rates, conditions, and regulations pre-
scribed by the Secretary of Defense in consultation with the 
other administering Secretaries for members of the uni-
formed services. Such regulations shall be uniform for the 
Department of Defense and shall apply as uniformly as
230 
† HR 1540 EAS 
practicable to the uniformed services under the jurisdiction 
of the other administering Secretaries. 
‘‘SUBCHAPTER III—TRAVEL AND 
TRANSPORTATION AUTHORITIES—OLD LAW 
‘‘§ 471. Travel authorities transition expiration date 
‘‘In this subchapter, the term ‘travel authorities transi-
tion expiration date’ means the last day of the 10-year pe-
riod beginning on the first day of the first month beginning 
after the date of the enactment of the National Defense Au-
thorization Act for Fiscal Year 2012. 
‘‘§ 472. Definitions and other incorporated provisions 
of chapter 7 
‘‘(a) DEFINITIONS.—The provisions of section 401 of 
this title apply to this subchapter. 
‘‘(b) OTHER PROVISIONS.—The provisions of sections 
421 and 423 of this title apply to this subchapter.’’. 
(c) REPEAL OF OBSOLETE AUTHORITY.—Section 411g 
of title 37, United States Code, is repealed. 
(d) TRANSFER OF SECTIONS.— 
(1) TRANSFER TO SUBCHAPTER I.—Section 412 
of title 37, United States Code, is transferred to chap-
ter 8 of such title, as added by subsection (b), inserted 
after section 454, and redesignated as section 455. 
(2) TRANSFER
OF
CURRENT
CHAPTER
AU-
THORITIES TO SUBCHAPTER III.—Sections 404, 404a,
231 
† HR 1540 EAS 
404b, 405, 405a, 406, 406a, 406b, 406c, 407, 408, 
408a, 409, 410, 411, 411a through 411f, 411h through 
411l, 428 through 432, 434, and 435 of such title are 
transferred (in that order) to chapter 8 of such title, 
as added by subsection (b), inserted after section 472, 
and redesignated as follows: 
Section: 
Redesignated Section: 
404 
474 
404a 
474a 
404b 
474b 
405 
475 
405a 
475a 
406 
476 
406a 
476a 
406b 
476b 
406c 
476c 
407 
477 
408 
478 
408a 
478a 
409 
479 
410 
480 
411 
481 
411a 
481a 
411b 
481b 
411c 
481c 
411d 
481d 
411e 
481e 
411f 
481f 
411h 
481h 
411i 
481i 
411j 
481j 
411k 
481k 
411l 
481l 
428 
488 
429 
489 
430 
490 
432 
492 
434 
494 
435 
495 
(3) TRANSFER OF SECTION 554.—Section 554 of 
such title is transferred to chapter 8 of such title, as 
added by subsection (b), inserted after section 481l (as
232 
† HR 1540 EAS 
transferred and redesignated by paragraph (2)), and 
redesignated as section 484. 
(e) SUNSET OF OLD-LAW AUTHORITIES.—Provisions 
of subchapter III of chapter 8 of title 37, United States 
Code, as transferred and redesignated by paragraphs (2) 
and (3) of subsection (c), are amended as follows: 
(1) Section 474 is amended by adding at the end 
the following new subsection: 
‘‘(k) No travel and transportation allowance or reim-
bursement may be provided under this section for travel 
that begins after the travel authorities transition expiration 
date.’’. 
(2) Section 474a is amended by adding at the 
end the following new subsection: 
‘‘(f) TERMINATION.—No payment or reimbursement 
may be provided under this section with respect to a change 
of permanent station for which orders are issued after the 
travel authorities transition expiration date.’’. 
(3) Section 474b is amended by adding at the 
end the following new subsection: 
‘‘(e) TERMINATION.—No payment or reimbursement 
may be provided under this section with respect to an au-
thorized absence that begins after the travel authorities 
transition expiration date.’’.
233 
† HR 1540 EAS 
(4) Section 475 is amended by adding at the end 
the following new subsection: 
‘‘(f) TERMINATION.—During and after the travel au-
thorities expiration date, no per diem may be paid under 
this section for any period.’’. 
(5) Section 475a is amended by adding at the 
end the following new subsection: 
‘‘(c) During and after the travel authorities expiration 
date, no allowance under subsection (a) or transportation 
or reimbursement under subsection (b) may be provided 
with respect to an authority or order to depart.’’. 
(6) Section 476 is amended by adding at the end 
the following new subsection: 
‘‘(n) No transportation, reimbursement, allowance, or 
per diem may be provided under this section— 
‘‘(1) with respect to a change of temporary or 
permanent station for which orders are issued after 
the travel authorities transition expiration date; or 
‘‘(2) in a case covered by this section when such 
orders are not issued, with respect to a movement of 
baggage or household effects that begins after such 
date.’’. 
(7) Section 476a is amended— 
(A) by inserting ‘‘(a) AUTHORITY.—’’ before 
‘‘Under uniform regulations’’; and
234 
† HR 1540 EAS 
(B) by adding at the end the following new 
subsection: 
‘‘(b) TERMINATION.—No transportation or travel or 
transportation allowance may be provided under this sec-
tion for travel that begins after the travel authorities transi-
tion expiration date.’’. 
(8) Section 476b is amended by adding at the 
end the following new subsection: 
‘‘(e) No transportation or allowance may be provided 
under this section for travel that begins after the travel au-
thorities transition expiration date.’’. 
(9) Section 476c is amended by adding at the 
end the following new subsection: 
‘‘(e) TERMINATION.—No transportation or allowance 
may be provided under this section for travel that begins 
after the travel authorities transition expiration date.’’. 
(10) Section 477 is amended by adding at the 
end the following new subsection: 
‘‘(i) TERMINATION.—No dislocation allowance may be 
paid under this section for a move that begins after the 
travel authorities transition expiration date.’’. 
(11) Section 478 is amended by adding at the 
end the following new subsection: 
‘‘(c) No travel or transportation allowance, payment, 
or reimbursement may be provided under this section for