156 
(2) REGULATIONS.—The Secretary of Defense 
shall prescribe the regulations required by subsection 
(f) of section 993 of title 10, United States Code (as 
added by paragraph (1)), not later than 180 days 
after the date of the enactment of this Act. 
(c) RECOGNITION OF SERVICE OF MILITARY WORK-
ING DOGS.—Section 1125 of such title is amended— 
(1) by inserting ‘‘(a) GENERAL AUTHORITY.— 
’’ before ‘‘The Secretary of Defense’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) RECOGNITION OF SERVICE OF MILITARY WORK-
ING DOGS.—The Secretary of Defense shall create a deco-
ration or other appropriate recognition to recognize mili-
tary working dogs under the jurisdiction of the Secretary 
that are killed in action or perform an exceptionally meri-
torious or courageous act in service to the United States.’’. 
SEC. 362. ASSISTANCE FOR HOMELAND DEFENSE MISSION 
TRAINING. 
(a) ASSISTANCE AUTHORIZED.—Chapter 9 of title 
32, United States Code, is amended by adding at the end 
the following new section: 
‘‘§ 909. Training assistance 
‘‘(a) ASSISTANCE AUTHORIZED.—To improve the 
training of National Guard units and Federal agencies
157 
performing homeland defense activities, the Secretary of 
Defense may provide funding assistance through a special 
military cooperative agreement for the operation and 
maintenance of any State training center certified by the 
Federal Emergency Management Agency as capable of 
providing emergency response training. 
‘‘(b) MERIT-BASED OR COMPETITIVE DECISIONS.— 
A decision to commit, obligate, or expend funds under sub-
section (a) with or to a specific entity shall— 
‘‘(1) be based on merit-based selection proce-
dures in accordance with the requirements of sec-
tions 2304(k) and 2374 of title 10 or on competitive 
procedures; and 
‘‘(2) comply with other applicable provisions of 
law.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘909. Training assistance.’’. 
SEC. 363. COMPTROLLER GENERAL REVIEW OF HANDLING, 
LABELING, AND PACKAGING PROCEDURES 
FOR HAZARDOUS MATERIAL SHIPMENTS. 
(a) COMPTROLLER GENERAL REVIEW.—The Comp-
troller General of the United States shall conduct a review 
of the policies and procedures of the Department of De-
158 
fense for the handling, labeling, and packaging of haz-
ardous material shipments. 
(b) MATTERS INCLUDED.—The review conducted 
under subsection (a) shall address the following: 
(1) The relevant statutes, regulations, and guid-
ance and policies of the Department of Defense per-
taining to the handling, labeling, and packaging pro-
cedures of hazardous material shipments to support 
military operations. 
(2) The extent to which the such guidance, poli-
cies, and procedures contribute to the safe, timely, 
and cost-effective handling of such material. 
(3) The extent to which discrepancies in De-
partment of Transportation guidance, policies, and 
procedures pertaining to handling, labeling, and 
packaging of hazardous materials shipments in com-
merce and similar Department of Defense guidance, 
policies, and procedures pertaining to the handling, 
labeling, and packaging of hazardous materials ship-
ments impact the safe, timely, and cost-effective 
handling of such material. 
(4) Any additional matters that the Comptroller 
General determines will further inform the appro-
priate congressional committees on issues related to 
the handling, labeling, and packaging procedures for
159 
hazardous material shipments to members of the 
Armed Forces worldwide. 
(c) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Comptroller General shall 
submit to the appropriate congressional committees a re-
port of the review conducted under subsection (a). 
(d) APPROPRIATE CONGRESSIONAL COMMITTEES.— 
In this section, the term ‘‘appropriate congressional com-
mittees’’ means the following: 
(1) The congressional defense committees. 
(2) The Committee on Transportation and In-
frastructure of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate. 
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, 2013, as follows: 
(1) The Army, 552,100. 
(2) The Navy, 322,700. 
(3) The Marine Corps, 197,300. 
(4) The Air Force, 330,383.
160 
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END 
STRENGTH MINIMUM LEVELS. 
Section 691(b) of title 10, United States Code, is 
amended by striking paragraphs (1) through (4) and in-
serting the following new paragraphs: 
‘‘(1) For the Army, 552,100. 
‘‘(2) For the Navy, 322,700. 
‘‘(3) For the Marine Corps, 197,300. 
‘‘(4) For the Air Force, 330,383.’’. 
SEC. 403. LIMITATIONS ON END STRENGTH REDUCTIONS 
FOR REGULAR COMPONENT OF THE ARMY 
AND MARINE CORPS. 
(a) ANNUAL
CERTIFICATION.—Subject to sub-
sections (b) and (c), if the President determines that a 
reduction in end strength of the regular component of the 
Army or Marine Corps (or both) is necessary for any of 
fiscal years 2014 through 2017, the President shall submit 
to Congress, with the budget request for that fiscal year, 
a certification that the reduction in end strength, should 
the assumptions of the National Security Strategy pre-
scribed by the President in the most recent annual na-
tional security strategy report under section 108 of the 
National Security Act of 1947 (50 U.S.C. 404a) prove to 
be incorrect, will not—
161 
(1) undermine the ability of the Armed Forces 
to meet the requirements of the National Security 
Strategy; 
(2) increase security risks for the United 
States; or 
(3) compel members of the Armed Forces to en-
dure diminished dwell time and repeated deploy-
ments. 
(b) ANNUAL LIMITATION ON REDUCTIONS.— 
(1) ARMY.—The end strength of the regular 
component of the Army shall not be reduced by 
more than 15,000 members during each of fiscal 
years 2014 through 2017 from the end strength of 
the regular component of the Army at the end of the 
preceding fiscal year. 
(2) MARINE CORPS.—The end strength of the 
regular component of the Marine Corps shall not be 
reduced by more than 5,000 members during each 
of fiscal years 2014 through 2017 from the end 
strength of the regular component of the Marine 
Corps at the end of the preceding fiscal year. 
(c) BUDGETING REQUIREMENT.—The budget for the 
Department of Defense for each of fiscal years 2014 
through 2017 as submitted to Congress—
162 
(1) shall include amounts for maintaining an 
end strength of the regular component of the Army 
and the Marine Corps sufficient to comply with the 
active duty end strengths prescribed in section 
691(b) of title 10, United States Code; and 
(2) shall not rely on any emergency, supple-
mental, or overseas contingency operations funding. 
SEC. 404. EXCLUSION OF MEMBERS WITHIN THE INTE-
GRATED DISABILITY EVALUATION SYSTEM 
FROM END STRENGTH LEVELS FOR ACTIVE 
FORCES. 
(a) EXCLUSION.—A member of the Armed Forces 
who is within the Integrated Disability Evaluation System 
as of the last day of any of fiscal years 2013 through 2018 
shall not be counted toward the end strength levels for 
active duty members of the Armed Forces prescribed for 
that fiscal year. 
(b) FUNDING SOURCE.—The Secretary of Defense 
shall use funds authorized to be appropriated for overseas 
contingency operations being carried out by the Armed 
Forces to cover any military personnel expenses incurred 
as a result of the exclusion under subsection (a) of mem-
bers of the Armed Forces from the end strengths levels 
for active forces.
163 
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 
components as of September 30, 2013, as follows: 
(1) The Army National Guard of the United 
States, 358,200. 
(2) The Army Reserve, 205,000. 
(3) The Navy Reserve, 62,500. 
(4) The Marine Corps Reserve, 39,600. 
(5) The Air National Guard of the United 
States, 106,005. 
(6) The Air Force Reserve, 72,428. 
(7) The Coast Guard Reserve, 9,000. 
(b) 
END
STRENGTH
REDUCTIONS.—The 
end 
strengths prescribed by subsection (a) for the Selected Re-
serve 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
164 
(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 
increased proportionately by the total authorized strengths 
of such units and by the total number of such individual 
members. 
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, 2013, the following num-
ber 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, re-
cruiting, instructing, or training the reserve components: 
(1) The Army National Guard of the United 
States, 32,060. 
(2) The Army Reserve, 16,277. 
(3) The Navy Reserve, 10,114. 
(4) The Marine Corps Reserve, 2,261.
165 
(5) The Air National Guard of the United 
States, 14,952. 
(6) The Air Force Reserve, 2,888. 
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 2013 for the re-
serve 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 National Guard of the United 
States, 27,210. 
(2) For the Army Reserve, 8,395. 
(3) For the Air National Guard of the United 
States, 22,272. 
(4) For the Air Force Reserve, 10,946. 
SEC. 414. FISCAL YEAR 2013 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, 2013, may not exceed the following:
166 
(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, 2013, 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, 2013, may not exceed 
90. 
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 
this section, the term ‘‘non-dual status technician’’ has the 
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 2013, the maximum number of 
members of the reserve components of the Armed Forces 
who may be serving at any time on full-time operational 
support 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.
167 
(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.—Funds 
are hereby authorized to be appropriated for fiscal year 
2013 for the use of the Armed Forces and other activities 
and agencies of the Department of Defense for expenses, 
not otherwise provided for, for military personnel, as spec-
ified in the funding table in section 4401. 
(b) CONSTRUCTION OF AUTHORIZATION.—The au-
thorization of appropriations in subsection (a) supersedes 
any other authorization of appropriations (definite or in-
definite) for such purpose for fiscal year 2013.
168 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel 
Policy Generally 
SEC. 501. LIMITATION ON NUMBER OF NAVY FLAG OFFI-
CERS ON ACTIVE DUTY. 
(a) ADDITIONAL FLAG OFFICER AUTHORIZED.—Sec-
tion 526(a)(2) of title 10, United States Code, is amended 
by striking ‘‘160’’ and inserting ‘‘161’’. 
(b) CORRESPONDING CHANGE IN COMPUTING NUM-
BER
OF FLAG OFFICERS
IN STAFF CORPS
OF
THE 
NAVY.—Section 5150(c) of such title is amended by strik-
ing the last sentence. 
SEC. 502. EXCEPTION TO REQUIRED RETIREMENT AFTER 30 
YEARS OF SERVICE FOR REGULAR NAVY 
WARRANT OFFICERS IN THE GRADE OF 
CHIEF WARRANT OFFICER, W–5. 
Section 1305(a) of title 10, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘A regular warrant officer 
(other than a regular Army warrant officer)’’ 
and inserting ‘‘Subject to paragraphs (2) and 
(3), a regular warrant officer’’; and
169 
(B) by striking ‘‘he’’ and inserting ‘‘the of-
ficer’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(3) In the case of a regular Navy warrant officer 
in the grade of chief warrant officer, W–5, the officer shall 
be retired 60 days after the date on which the officer com-
pletes 33 years of total active service.’’. 
SEC. 503. AIR FORCE CHIEF AND DEPUTY CHIEF OF CHAP-
LAINS. 
(a) ESTABLISHMENT
OF
POSITIONS; APPOINT-
MENT.—Chapter 805 of title 10, United States Code, is 
amended by adding at the end the following new section: 
‘‘§ 8039. Chief and Deputy Chief of Chaplains: ap-
pointment; duties 
‘‘(a) CHIEF OF CHAPLAINS.—(1) There is a Chief of 
Chaplains in the Air Force, appointed by the President, 
by and with the advice and consent of the Senate, from 
officers of the Air Force designated under section 8067(h) 
of this title as chaplains who— 
‘‘(A) are serving in the grade of colonel or 
above; 
‘‘(B) are serving on active duty; and 
‘‘(C) have served on active duty as a chaplain 
for at least eight years.
170 
‘‘(2) An officer appointed as the Chief of Chaplains 
shall be appointed for a term of three years. However, the 
President may terminate or extend the appointment at 
any time. 
‘‘(3) The Chief of Chaplains shall perform such du-
ties as may be prescribed by the Secretary of the Air Force 
and by law. 
‘‘(b) DEPUTY CHIEF OF CHAPLAINS.—(1) There is 
a Deputy Chief of Chaplains in the Air Force, appointed 
by the President, by and with the advice and consent of 
the Senate, from officers of the Air Force designated 
under section 8067(h) of this title as chaplains who— 
‘‘(A) are serving in the grade of colonel; 
‘‘(B) are serving on active duty; and 
‘‘(C) have served on active duty as a chaplain 
for at least eight years. 
‘‘(2) An officer appointed as the Deputy Chief of 
Chaplains shall be appointed for a term of three years. 
However, the President may terminate or extend the ap-
pointment at any time. 
‘‘(3) The Deputy Chief of Chaplains shall perform 
such duties as may be prescribed by the Secretary of the 
Air Force and the Chief of Chaplains and by law. 
‘‘(c) SELECTION BOARD.—Under regulations ap-
proved by the Secretary of Defense, the Secretary of the
171 
Air Force, in selecting an officer for recommendation to 
the President for appointment as the Chief of Chaplains 
or the Deputy Chief of Chaplains, shall ensure that the 
officer selected is recommended by a board of officers that, 
insofar as practicable, is subject to the procedures applica-
ble to the selection boards convened under chapter 36 of 
this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘8039. Chief and Deputy Chief of Chaplains: appointment; duties.’’. 
SEC. 504. EXTENSION OF TEMPORARY AUTHORITY TO RE-
DUCE MINIMUM LENGTH OF ACTIVE SERVICE 
AS A COMMISSIONED OFFICER REQUIRED 
FOR VOLUNTARY RETIREMENT AS AN OFFI-
CER. 
(a) ARMY.—Section 3911(b)(2) of title 10, United 
States Code, is amended by striking ‘‘September 30, 
2013’’ and inserting ‘‘September 30, 2018’’. 
(b) 
NAVY
AND
MARINE
CORPS.—Section 
6323(a)(2)(B) of such title is amended by striking ‘‘Sep-
tember 30, 2013’’ and inserting ‘‘September 30, 2018’’. 
(c) AIR FORCE.—Section 8911(b)(2) of such title is 
amended by striking ‘‘September 30, 2013’’ and inserting 
‘‘September 30, 2018’’.
172 
SEC. 505. TEMPORARY INCREASE IN THE TIME-IN-GRADE 
RETIREMENT WAIVER LIMITATION FOR LIEU-
TENANT COLONELS AND COLONELS IN THE 
ARMY, AIR FORCE, AND MARINE CORPS AND 
COMMANDERS AND CAPTAINS IN THE NAVY. 
Section 1370(a)(2)(F) of title 10, United States 
Code, is amended— 
(1) by striking ‘‘the period ending on December 
31, 2007’’ and inserting ‘‘fiscal years 2013 through 
2018’’; 
(2) by striking ‘‘Air Force’’ and inserting 
‘‘Army, Air Force, and Marine Corps’’; and 
(3) by striking ‘‘in the period’’. 
SEC. 506. MODIFICATION TO LIMITATIONS ON NUMBER OF 
OFFICERS FOR WHOM SERVICE-IN-GRADE RE-
QUIREMENTS MAY BE REDUCED FOR RETIRE-
MENT IN GRADE UPON VOLUNTARY RETIRE-
MENT. 
Section 1370(a)(2) of title 10, United States Code, 
is amended— 
(1) in subparagraph (E)— 
(A) by inserting ‘‘(i)’’ after ‘‘exceed’’; and 
(B) by inserting before the period at the 
end the following: ‘‘or (ii) in the case of officers 
of that armed forces in a grade specified in sub-
173 
paragraph (G), two officers, whichever number 
is greater’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(G) Notwithstanding subparagraph (E), during fis-
cal years 2013 through 2017, the total number of briga-
dier generals and major generals of the Army, Air Force, 
and Marine Corps, and the total number of rear admirals 
(lower half) and rear admirals of the Navy, for whom a 
reduction is made under this section during any fiscal year 
of service-in-grade otherwise required under this para-
graph— 
‘‘(i) for officers of the Army, Navy, and Air 
Force, may not exceed five percent of the authorized 
active-duty strength for that fiscal year for officers 
of that armed force in those grades; and 
‘‘(ii) for officers of the Marine Corps, may not 
exceed 10 percent of the authorized active-duty 
strength for that fiscal year for officers in those 
grades.’’. 
SEC. 507. DIVERSITY IN MILITARY LEADERSHIP AND RE-
LATED REPORTING REQUIREMENTS. 
(a) PLAN TO ACHIEVE MILITARY LEADERSHIP RE-
FLECTING
DIVERSITY
OF
UNITED
STATES
POPU-
LATION.—
174 
(1) IN
GENERAL.—Chapter 37 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 656. Diversity in military leadership: plan 
‘‘(a) PLAN.—The Secretary of Defense (and the Sec-
retary of Homeland Security in the case of the Coast 
Guard) shall develop and implement a plan to accurately 
measure the efforts of the Department of Defense to 
achieve a dynamic, sustainable level of members of the 
armed forces (including reserve components) that, among 
both commissioned officers and senior enlisted personnel 
of each armed force, will reflect the diverse population of 
the United States eligible to serve in the armed forces, 
including gender specific, racial, and ethnic populations. 
Any metric established pursuant to this subsection may 
not be used in a manner that undermines the merit-based 
processes of the Department of Defense, including such 
processes for accession, retention, and promotion. Such 
metrics may not be combined with the identification of 
specific quotas based upon diversity characteristics. The 
Secretary shall continue to account for diversified lan-
guage and cultural skills among the total force of the mili-
tary. 
‘‘(b) METRICS TO MEASURE PROGRESS IN DEVEL-
OPING AND IMPLEMENTING PLAN.—In developing and im-
175 
plementing the plan under subsection (a), the Secretary 
of Defense (and the Secretary of Homeland Security in 
the case of the Coast Guard) shall develop a standard set 
of metrics and collection procedures that are uniform 
across the armed forces. The metrics required by this sub-
section shall be designed— 
‘‘(1) to accurately capture the inclusion and ca-
pability aspects of the armed forces broader diversity 
plans, including race, ethnic, and gender specific 
groups, functional expertise, and diversified cultural 
and language skills as to leverage and improve readi-
ness; and 
‘‘(2) to be verifiable and systematically linked 
to strategic plans that will drive improvements. 
‘‘(c) DEFINITION OF DIVERSITY.—In developing and 
implementing the plan under subsection (a), the Secretary 
of Defense (and the Secretary of Homeland Security in 
the case of the Coast Guard) shall develop a uniform defi-
nition of diversity. 
‘‘(d) CONSULTATION.—Not less than annually, the 
Secretary of Defense and the Secretary of Homeland Se-
curity shall meet with the Secretaries of the military de-
partments, the Joint Chiefs of Staff, the Commandant of 
the Coast Guard, and senior enlisted members of the 
armed forces to discuss the progress being made toward
176 
developing and implementing the plan established under 
subsection (a). 
‘‘(e) COOPERATION WITH STATES.—The Secretary of 
Defense shall coordinate with the National Guard Bureau 
and States in tracking the progress of the National Guard 
toward developing and implementing the plan established 
under subsection (a).’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘656. Diversity in military leadership: plan.’’. 
(b) INCLUSION IN DOD MANPOWER REQUIREMENTS 
REPORT.—Section 115a(c) of such title is amended by 
adding at the end the following new paragraphs: 
‘‘(4) The progress made in implementing the 
plan required by section 656 of this title to accu-
rately measure the efforts of the Department to re-
flect the diverse population of the United States eli-
gible to serve in the armed forces. 
‘‘(5) The number of members of the armed 
forces, including reserve components, listed by sex 
and race or ethnicity for each rank under each mili-
tary department. 
‘‘(6) The number of members of the armed 
forces, including reserve components, who were pro-
moted during the year covered by the report, listed
177 
by sex and race or ethnicity for each rank under 
each military department. 
‘‘(7) The number of members of the armed 
forces, including reserve components, who reenlisted 
or otherwise extended the commitment to military 
service during the year covered by the report, listed 
by sex and race or ethnicity for each rank under 
each military department. 
‘‘(8) The available pool of qualified candidates 
for the general officer grades of general and lieuten-
ant general and the flag officer grades of admiral 
and vice admiral.’’. 
(c) COAST GUARD REPORT.— 
(1) ANNUAL
REPORT
REQUIRED.—The Sec-
retary of Homeland Security shall prepare an annual 
report addressing diversity among commissioned of-
ficers of the Coast Guard and Coast Guard Reserve 
and among enlisted personnel of the Coast Guard 
and Coast Guard Reserve. The report shall in-
clude— 
(A) an assessment of the available pool of 
qualified candidates for the flag officer grades 
of admiral and vice admiral;
178 
(B) the number of such officers and per-
sonnel, listed by sex and race or ethnicity for 
each rank; 
(C) the number of such officers and per-
sonnel who were promoted during the year cov-
ered by the report, listed by sex and race or 
ethnicity for each rank; and 
(D) the number of such officers and per-
sonnel who reenlisted or otherwise extended the 
commitment to the Coast Guard during the 
year covered by the report, listed by sex and 
race or ethnicity for each rank. 
(2) SUBMISSION.—The report under paragraph 
(1) shall be submitted each year not later than 45 
days after the date on which the President submits 
to Congress the budget for the next fiscal year under 
section 1105 of title 31, United States Code. Each 
report shall be submitted to the Committee on 
Armed Services, the Committee on Transportation 
and Infrastructure, and the Committee on Home-
land Security of the House of Representatives, and 
the Committee on Armed Services and the Com-
mittee on Commerce, Science, and Transportation of 
the Senate.
179 
Subtitle B—Reserve Component 
Management 
SEC. 511. CODIFICATION OF STAFF ASSISTANT POSITIONS 
FOR JOINT STAFF RELATED TO NATIONAL 
GUARD AND RESERVE MATTERS. 
(a) CODIFICATION OF EXISTING POSITIONS.—Chap-
ter 5 of title 10, United States Code, is amended by insert-
ing after section 155 the following new section: 
‘‘§ 155a. Assistants to the Chairman of the Joint 
Chiefs of Staff for National Guard mat-
ters and for Reserve matters 
‘‘(a) ESTABLISHMENT
OF POSITIONS.—The Sec-
retary of Defense shall establish the following positions 
within the Joint Staff: 
‘‘(1) Assistant to the Chairman of the Joint 
Chiefs of Staff for National Guard Matters. 
‘‘(2) Assistant to the Chairman of the Joint 
Chiefs of Staff for Reserve Matters. 
‘‘(b) SELECTION.—(1) The Assistant to the Chair-
man of the Joint Chiefs of Staff for National Guard Mat-
ters shall be selected by the Chairman from officers of the 
Army National Guard of the United States or the Air 
Guard of the United States who— 
‘‘(A) are recommended for such selection by 
their respective Governors or, in the case of the Dis-
180 
trict of Columbia, the commanding general of the 
District of Columbia National Guard; 
‘‘(B) have had at least 10 years of federally rec-
ognized commissioned service in the National Guard 
and significant joint duty experience, as determined 
by the Chairman of the Joint Chiefs of Staff; and 
‘‘(C) are in a grade above the grade of colonel. 
‘‘(2) The Assistant to the Chairman of the Joint 
Chiefs of Staff for Reserve Matters shall be selected by 
the Chairman from officers of the Army Reserve, the Navy 
Reserve, the Marine Corps Reserve, or the Air Force Re-
serve who— 
‘‘(A) are recommended for such selection by the 
Secretary of the military department concerned; 
‘‘(B) have had at least 10 years of commis-
sioned service in their reserve component and signifi-
cant joint duty experience, as determined by the 
Chairman of the Joint Chiefs of Staff; and 
‘‘(C) are in a grade above the grade of colonel 
or, in the case of the Navy Reserve, captain. 
‘‘(c) TERM
OF OFFICE.—Each Assistant to the 
Chairman of the Joint Chiefs of Staff under subsection 
(a) serves at the pleasure of the Chairman for a term of 
two years and may be continued in that assignment in
181 
the same manner for one additional term. However, in 
time of war there is no limit on the number of terms. 
‘‘(d) GRADE.—Each Assistant to the Chairman of the 
Joint Chiefs of Staff under subsection (a), while so serv-
ing, holds the grade of major general or, in the case of 
the Navy Reserve, rear admiral. Each such officer shall 
be considered to be serving in a position covered by the 
limited exclusion from the authorized strength of general 
officers and flag officers on active duty provided by section 
526(b) of this title. 
‘‘(e) DUTIES.—(1) The Assistant to the Chairman of 
the Joint Chiefs of Staff for National Guard Matters is 
an adviser to the Chairman on matters relating to the Na-
tional Guard and performs the duties prescribed for that 
position by the Chairman. 
‘‘(2) The Assistant to the Chairman of the Joint 
Chiefs of Staff for Reserve Matters is an adviser to the 
Chairman on matters relating to the reserves and per-
forms the duties prescribed for that position by the Chair-
man. 
‘‘(f) OTHER RESERVE COMPONENT REPRESENTA-
TION ON JOINT STAFF.—The Secretary of Defense, in 
consultation with the Chairman of the Joint Chiefs, shall 
develop appropriate policy guidance to ensure that, to the 
maximum extent practicable, the level of representation of
182 
reserve component officers on the Joint Staff is commen-
surate with the significant role of the reserve components 
within the armed forces.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item related to section 155 the following new 
item: 
‘‘155a. Assistants to the Chairman of the Joint Chiefs of Staff for National 
Guard matters and for Reserve matters.’’. 
(c) REPEAL OF SUPERSEDED LAW.—Section 901 of 
the National Defense Authorization Act for Fiscal Year 
1998 (Public Law 105–85; 10 U.S.C. 155 note) is re-
pealed. 
SEC. 512. AUTOMATIC FEDERAL RECOGNITION OF PRO-
MOTION OF CERTAIN NATIONAL GUARD WAR-
RANT OFFICERS. 
Section 310(a) of title 32, United States Code, is 
amended— 
(1) by inserting ‘‘(1)’’ before ‘‘Notwith-
standing’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) Notwithstanding sections 307 and 309 of this 
title, if a warrant officer, W–1, of the National Guard is 
promoted to the grade of chief warrant officer, W–2, to 
fill a vacancy in a federally recognized unit in the National
183 
Guard, Federal recognition is automatically extended to 
that officer in the grade of chief warrant officer, W–2, 
effective as of the date on which that officer has completed 
the service in the grade prescribe by the Secretary con-
cerned under section 12242 of title 10, if the warrant offi-
cer has remained in an active status since the warrant 
officer was so recommended.’’. 
SEC. 513. ON-LINE TRACKING OF CERTAIN RESERVE DUTY. 
The Secretary of Defense shall establish an online 
means by which members of the Ready Reserve of the 
Armed Forces can track their operational active-duty serv-
ice performed after January 28, 2008, under section 
12301(a), 12301(d), 12301(g), 12302, or 12304 of title 
10, United States Code. The tour calculator shall specify 
early retirement credit authorized for each qualifying tour 
of active duty, as well as cumulative early reserve retire-
ment credit authorized to date under the amendments to 
section 12731 of such title made by section 647 of the 
National Defense Authorization Act for fiscal year 2008 
(Public Law 110–181; 122 Stat. 160).
184 
Subtitle C—General Service 
Authorities 
SEC. 521. MODIFICATIONS TO CAREER INTERMISSION 
PILOT PROGRAM. 
(a) EXTENSION OF PROGRAMS TO INCLUDE ACTIVE 
GUARD AND RESERVE PERSONNEL.—Subsection (a)(1) of 
section 533 of Duncan Hunter National Defense Author-
ization Act for Fiscal Year 2009 (Public Law 110–417; 
122 Stat. 4449; 10 U.S.C. 701 prec.) is amended by in-
serting after ‘‘officers and enlisted members of the regular 
components’’ the following: ‘‘, and members of the Active 
Guard and Reserve (as defined in section 101(b)(16) of 
title 10, United States Code),’’. 
(b) AUTHORITY TO CARRY FORWARD UNUSED AC-
CRUED LEAVE.—Subsection (h) of such section is amend-
ed by adding at the end the following new paragraph: 
‘‘(5) LEAVE.—A member who participates in a 
pilot program is entitled to carry forward the leave 
balance, existing as of the day on which the member 
begins participation and accumulated in accordance 
with section 701 of title 10, United States Code, but 
not to exceed 60 days.’’. 
(c) AUTHORITY FOR DISABILITY PROCESSING.—Sub-
section (j) of such section is amended—
185 
(1) by striking ‘‘for purposes of the entitle-
ment’’ and inserting ‘‘for purposes of— 
‘‘(1) the entitlement’’; 
(2) by striking the period at the end and insert-
ing ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(2) retirement or separation for physical dis-
ability under the provisions of chapters 55 and 61 
of title 10, United States Code.’’. 
SEC. 522. AUTHORITY FOR ADDITIONAL BEHAVIORAL 
HEALTH PROFESSIONALS TO CONDUCT PRE- 
SEPARATION MEDICAL EXAMS FOR POST- 
TRAUMATIC STRESS DISORDER. 
Section 1177(a) of title 10, United States Code, is 
amended— 
(1) in paragraph (1), by striking ‘‘or psychia-
trist’’ and inserting ‘‘psychiatrist, licensed clinical 
social worker, or psychiatric nurse practitioner’’; and 
(2) in paragraph (3), by striking ‘‘or psychia-
trist’’ and inserting ‘‘, psychiatrist, licensed clinical 
social worker, or psychiatric nurse practitioner’’.
186 
SEC. 523. AUTHORITY TO ACCEPT VOLUNTARY SERVICES 
TO ASSIST DEPARTMENT OF DEFENSE EF-
FORTS TO ACCOUNT FOR MISSING PERSONS. 
Section 1501(a)(6) of title 10, United States Code, 
is amended by adding at the end the following new sub-
paragraph: 
‘‘(D) Notwithstanding section 1342 of title 31, the 
Secretary of Defense may accept voluntary services pro-
vided by individuals or non–Federal entities to further the 
purposes of this chapter.’’. 
SEC. 524. AUTHORIZED LEAVE AVAILABLE FOR MEMBERS 
OF THE ARMED FORCES UPON BIRTH OR 
ADOPTION OF A CHILD. 
Section 701 of title 10, United States Code, is 
amended— 
(1) by striking subsections (i) and (j) and in-
serting the following new subsection: 
‘‘(i)(1) A member of the armed forces who gives birth 
to a child or who adopts a child in a qualifying child adop-
tion and will be primary caregiver for the adopted child 
shall receive 42 days of leave after the birth or adoption 
to be used in connection with the birth or adoption of the 
child. 
‘‘(2) A married member of the armed forces on active 
duty whose wife gives birth to a child or who adopts a 
child in a qualifying child adoption, but will not be pri-
187 
mary caregiver for the adopted child, shall receive 10 days 
of leave to be used in connection with the birth or adoption 
of the child. 
‘‘(3) If two members of the armed forces who are 
married to each other adopt a child in a qualifying child 
adoption, only one of the members may be designated as 
primary caregiver for purposes of paragraph (1). In the 
case of a dual-military couple, the member authorized 
leave under paragraph (1) and the member authorized 
leave under paragraph (2) may utilize the leave at the 
same time. 
‘‘(4) For the purpose of this subsection, an adoption 
of a child by a member is a qualifying child adoption if 
the member is eligible for reimbursement of qualified 
adoption expenses for such adoption under section 1052 
of this title. 
‘‘(5) Leave authorized under this subsection is in ad-
dition to other leave provided under other provisions of 
this section. 
‘‘(6) The Secretary of Defense may prescribe such 
regulations as may be necessary to carry out this sub-
section.’’; and 
(2) by redesignating subsection (k) as sub-
section (j).
188 
SEC. 525. COMMAND RESPONSIBILITY AND ACCOUNT-
ABILITY FOR REMAINS OF MEMBERS OF THE 
ARMY, NAVY, AIR FORCE, AND MARINE CORPS 
WHO DIE OUTSIDE THE UNITED STATES. 
Not later than 60 days after the date of the enact-
ment of this Act, the Secretary of Defense shall take such 
steps as may be necessary to ensure that there is contin-
uous, designated military command responsibility and ac-
countability for the care, handling, and transportation of 
the remains of each deceased member of the Army, Navy, 
Air Force, or Marine Corps who died outside the United 
States, beginning with the initial recovery of the remains, 
through the defense mortuary system, until the interment 
of the remains or the remains are otherwise accepted by 
the person designated as provided by section 1482(c) of 
title 10, United States Code, to direct disposition of the 
remains. 
SEC. 526. REPORT ON FEASIBILITY OF DEVELOPING GEN-
DER-NEUTRAL OCCUPATIONAL STANDARDS 
FOR MILITARY OCCUPATIONAL SPECIALTIES 
CURRENTLY CLOSED TO WOMEN. 
Not later than 60 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report evalu-
ating the feasibility of incorporating gender-neutral occu-
pational standards for military occupational specialties
189 
closed, as of the date of the enactment of this Act, to fe-
male members of the Armed Forces. 
SEC. 527. COMPLIANCE WITH MEDICAL PROFILES ISSUED 
FOR MEMBERS OF THE ARMED FORCES. 
(a) COMPLIANCE REQUIREMENT.—The Secretary of 
a military department shall ensure that commanding offi-
cers— 
(1) do not prohibit or otherwise restrict the 
ability of physicians and other licensed health-care 
providers to issue a medical profile for a member of 
the Armed Forces; and 
(2) comply with the terms of a medical profile 
issued to a member of the Armed Forces is assign-
ing duties to the member. 
(b) LIMITED WAIVER AUTHORITY.—The first general 
officer or flag officer in the chain of command of a mem-
ber of the Armed Forces covered by a medical profile may 
authorize, on a case-by-case basis, a temporary waiver of 
the compliance requirement imposed by subsection (a)(2) 
if the officer determines that the assignment of duties to 
the member in violation of the terms of the medical profile 
is vital to ensuring the readiness of the member and the 
unit. 
(c) MEDICAL PROFILE DEFINED.—In this section, 
the term ‘‘medical profile’’, with respect to a member of
190 
the Armed Forces, means a limitation imposed by a physi-
cian or other licensed health-care provider on the physical 
activity of the member on account of an illness or injury 
to facilitate the member’s recovery or reduce the serious-
ness of the illness or injury. 
Subtitle D—Military Justice and 
Legal Matters 
SEC. 531. CLARIFICATION AND ENHANCEMENT OF THE 
ROLE OF STAFF JUDGE ADVOCATE TO THE 
COMMANDANT OF THE MARINE CORPS. 
(a) APPOINTMENT BY THE PRESIDENT AND PERMA-
NENT APPOINTMENT TO GRADE OF MAJOR GENERAL.— 
Subsection (a) of section 5046 of title 10, United States 
Code, is amended— 
(1) in the first sentence, by striking ‘‘detailed’’ 
and inserting ‘‘appointed by the President, by and 
with the advice and consent of the Senate,’’; and 
(2) by striking the second sentence and insert-
ing the following: ‘‘If the officer to be appointed as 
the Staff Judge Advocate to the Commandant of the 
Marine Corps holds a grade lower than the grade of 
major general immediately before the appointment, 
the officer shall be appointed in the grade of major 
general.’’.
191 
(b) DUTIES, AUTHORITY, AND ACCOUNTABILITY.— 
Such section is further amended— 
(1) by redesignating subsection (c) as sub-
section (d); and 
(2) by inserting after subsection (b) the fol-
lowing new subsection (c): 
‘‘(c) The Staff Judge Advocate to the Commandant 
of the Marine Corps, under the direction of the Com-
mandant of the Marine Corps and the Secretary of the 
Navy, shall— 
‘‘(1) perform such duties relating to legal mat-
ters arising in the Marine Corps as may be assigned 
to the Staff Judge Advocate; 
‘‘(2) perform the functions and duties, and ex-
ercise the powers, prescribed for the Staff Judge Ad-
vocate to the Commandant of the Marine Corps in 
chapters 47 (the Uniform Code of Military Justice) 
and 53 of this title; and 
‘‘(3) perform such other duties as may be as-
signed to the Staff Judge Advocate.’’. 
(c) COMPOSITION
OF
HEADQUARTERS, MARINE 
CORPS.—Section 5041(b) of such title is amended— 
(1) by redesignating paragraphs (4) and (5) as 
paragraphs (5) and (6), respectively; and
192 
(2) by inserting after paragraph (3) the fol-
lowing new paragraph (4): 
‘‘(4) The Staff Judge Advocate to the Com-
mandant of the Marine Corps.’’. 
(d) SUPERVISION OF CERTAIN LEGAL SERVICES.— 
(1) ADMINISTRATION OF MILITARY JUSTICE.— 
Section 806(a) of such title (article 6(a) of the Uni-
form Code of Military Justice) is amended in the 
third sentence by striking ‘‘or senior members of his 
staff’’ and inserting ‘‘, the Staff Judge Advocate to 
the Commandant of the Marine Corps, or senior 
members of their staffs’’. 
(2) DELIVERY OF LEGAL ASSISTANCE.—Section 
1044(b) of such title is amended by inserting ‘‘and, 
within the Marine Corps, the Staff Judge Advocate 
to the Commandant of the Marine Corps’’ after ‘‘ju-
risdiction of the Secretary’’. 
SEC. 532. PERSONS WHO MAY EXERCISE DISPOSITION AU-
THORITY REGARDING CHARGES INVOLVING 
CERTAIN SEXUAL MISCONDUCT OFFENSES 
UNDER THE UNIFORM CODE OF MILITARY 
JUSTICE. 
(a) PERSONS WHO MAY EXERCISE DISPOSITION AU-
THORITY.—
193 
(1) DISPOSITION AUTHORITY.—With respect to 
any charge under chapter 47 of title 10, United 
States Code (the Uniform Code of Military Justice) 
that alleges an offense specified in paragraph (2), 
the Secretary of Defense shall require the Secre-
taries of the military departments to restrict disposi-
tion authority under section 830 of such chapter (ar-
ticle 30 of the Uniform Code of Military Justice) to 
officers of the Armed Forces who have the authority 
to convene special courts-martial under section 823 
of such chapter (article 23 of the Uniform Code of 
Military Justice), but no lower than the first colonel, 
or in the case of the Navy, the first captain, with 
a legal advisor (or access to a legal advisor) in the 
chain of command of the person accused of commit-
ting the offense. 
(2) COVERED OFFENSES.—Paragraph (1) ap-
plies with respect to a charge that alleges any of the 
following offenses under chapter 47 of title 10, 
United States Code (the Uniform Code of Military 
Justice): 
(A) Rape or sexual assault under sub-
section (a) or (b) of section 920 of such chapter 
(article 120).
194 
(B) Forcible sodomy under section 925 of 
such chapter (article 125). 
(C) An attempt to commit an offense spec-
ified in paragraph (1) or (2), as punishable 
under section 880 of such chapter (article 80). 
(b) IMPLEMENTATION.— 
(1) SERVICE SECRETARIES.—The Secretaries of 
the military departments shall revise policies and 
procedures as necessary to comply with subsection 
(a). 
(2) SECRETARY OF DEFENSE.—Not later than 
180 days after the date of the enactment of this Act, 
the Secretary of Defense shall recommend such 
changes to the Manual for Courts-Martial as are 
necessary to ensure compliance with subsection (a). 
(c) RECOMMENDATION OF ADDITIONAL CHANGES TO 
MANUAL FOR COURTS-MARTIAL OR UCMJ POLICY.—Not 
later than 180 days after the date of the enactment of 
this Act, the Secretary of Defense shall make rec-
ommendations for additional changes to the Manual for 
Courts-Martial or to Department of Defense policies that 
would— 
(1) ensure the consideration of the material 
facts regarding an alleged offense specified in sub-
section (a)(2) or other sexual offense under sections
195 
920 through 920c of title 10, United States Code 
(articles 120 through 120c of the Uniform Code of 
Military Justice) is given precedence over the consid-
eration of the character of the military service of the 
person accused of the sexual offense; and 
(2) require all commanders who receive a report 
or complaint alleging an offense specified in sub-
section (a)(2) to refer the report or complaint to the 
Defense Criminal Investigative Service, Army Crimi-
nal Investigative Command, Naval Criminal Inves-
tigative Service, or Air Force Office of Special Inves-
tigations, as the case may be. 
SEC. 533. INDEPENDENT REVIEW AND ASSESSMENT OF UNI-
FORM CODE OF MILITARY JUSTICE AND JU-
DICIAL PROCEEDINGS OF SEXUAL ASSAULT 
CASES. 
(a) INDEPENDENT REVIEW AND ASSESSMENT.—The 
Secretary of Defense shall establish an independent panel 
to conduct an independent review and assessment of judi-
cial proceedings under the Uniform Code of Military Jus-
tice involving sexual assault and related offenses for the 
purpose of developing potential improvements to such pro-
ceedings. 
(b) INDEPENDENT PANEL FOR REVIEW.—
196 
(1) COMPOSITION.—The panel shall be com-
posed of five members, appointed by the Secretary 
of Defense from among private United States citi-
zens who have expertise in military law, civilian law, 
prosecution of sexual assaults in Federal criminal 
court, military justice policies, the missions of the 
Armed Forces, or offenses relating to rape, sexual 
assault, and other sexual misconduct under the Uni-
form Code of Military Justice. 
(2) CHAIR.—The chair of the panel shall be ap-
pointed by the Secretary from among the members 
of the panel appointed under paragraph (1). 
(3) PERIOD
OF
APPOINTMENT; VACANCIES.— 
Members shall be appointed for the life of the panel. 
Any vacancy in the panel shall be filled in the same 
manner as the original appointment. 
(4) DEADLINE FOR APPOINTMENTS.—All origi-
nal appointments to the panel shall be made not 
later than 120 days after the date of the enactment 
of this Act. 
(5) MEETINGS.—The panel shall meet at the 
call of the chair. 
(6) FIRST MEETING.—The chair shall call the 
first meeting of the panel not later than 60 days
197 
after the date of the appointment of all the members 
of the panel. 
(7) DURATION.—The panel shall expire on Sep-
tember 30, 2017. 
(c) DUTIES.— 
(1) ANNUAL REPORT ON IMPLEMENTATION OF 
UCMJ AMENDMENTS.—The panel shall prepare an-
nual reports regarding the implementation of the re-
forms to the offenses relating to rape, sexual as-
sault, and other sexual misconduct under the Uni-
form Code of Military Justice enacted by section 
541 of the National Defense Authorization Act for 
Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1404). 
(2) REVIEW
AND
CONSULTATION.—In pre-
paring the reports, the panel shall review, evaluate, 
and assess the following: 
(A) The advisory sentencing guidelines 
given by judges in Federal courts and how 
those guidelines compare to advisory sentencing 
guidance provided to panels rendering punish-
ments in court-martial proceedings, including 
whether it would be more beneficial for advisory 
sentencing guidelines to be provided to panels
198 
or for discretion to be given to judges regarding 
whether to issue advisory sentencing guidelines. 
(B) The punishments or administrative ac-
tions taken in response to sexual assault court- 
martial proceedings, including the number of 
punishments or administrative actions taken as 
rendered by a panel and the number of punish-
ments or administrative actions rendered by a 
judge and the consistency and proportionality of 
the decisions, punishments, and administrative 
actions to the facts of each case compared with 
Federal and State criminal courts. 
(C) The court-martial convictions of sexual 
assaults in the year covered by the report and 
the number and description of instances when 
punishments were reduced upon appeal and the 
instances in which the defendant appealed fol-
lowing a plea agreement, if such information is 
available. 
(D) The number of instances in which the 
previous sexual conduct of the alleged victim 
was considered in Article 32 proceedings and 
any instances where previous sexual conduct 
was deemed to be inadmissible.
199 
(E) The number of instances in which evi-
dence of the previous sexual conduct of the al-
leged victim was introduced by the defense in a 
court-martial what impact that evidence had on 
the case. 
(F) The training level of defense and pros-
ecution trial counsel, including an inventory of 
the experience of JAG lead trial counsel in each 
instance and any existing standards or require-
ments for lead counsel, including their experi-
ence in defending or prosecuting sexual assault 
and related offenses. 
(G) Such other matters and materials as 
the panel considers appropriate for purposes of 
the reports. 
(3) UTILIZATION OF OTHER STUDIES.—In pre-
paring the reports, the panel may review, and incor-
porate as appropriate, the findings of applicable on-
going and completed studies. 
(4) FIRST REPORT.—Not later than 180 days 
after its first meeting, the panel shall submit to the 
Secretary of Defense and the Committees on Armed 
Services of the Senate and the House of Representa-
tives its first report under this subsection. The panel 
shall include proposals for such legislative or admin-
200 
istrative action as the panel considers appropriate in 
light of its review. 
(d) POWERS OF PANEL.— 
(1) HEARINGS.—The panel may hold such 
hearings, sit and act at such times and places, take 
such testimony, and receive such evidence as the 
panel considers appropriate to carry out its duties 
under this section. 
(2) INFORMATION FROM FEDERAL AGENCIES.— 
Upon request by the chair of the panel, any depart-
ment or agency of the Federal Government may pro-
vide information that the panel considers necessary 
to carry out its duties under this section. 
(e) PERSONNEL MATTERS.— 
(1) PAY OF MEMBERS.—Members of the panel 
shall serve without pay by reason of their work on 
the panel. 
(2) TRAVEL EXPENSES.—The members of the 
panel shall be allowed travel expenses, including per 
diem in lieu of subsistence, at rates authorized for 
employees of agencies under subchapter I of chapter 
57 of title 5, United States Code, while away from 
their homes or regular places of business in the per-
formance or services for the panel.
201 
SEC. 534. COLLECTION AND RETENTION OF RECORDS ON 
DISPOSITION OF REPORTS OF SEXUAL AS-
SAULT. 
(a) COLLECTION.—The Secretary of Defense shall re-
quire that the Secretary of each military department es-
tablish a record on the disposition of any report of sexual 
assault, whether such disposition is court martial, non-
judicial punishment, or other administrative action. The 
record of any such disposition shall include the following, 
as appropriate: 
(1) Documentary information collected about 
the incident reported, other than investigator case 
notes. 
(2) Punishment imposed, including the sen-
tencing by judicial or non-judicial means including 
incarceration, fines, restriction, and extra duty as a 
result of military court-martial, Federal and local 
court and other sentencing, or any other punishment 
imposed. 
(3) Administrative actions taken, if any. 
(4) Any pertinent referrals offered as a result 
of the incident (such as drug and alcohol counseling 
and other types of counseling or intervention). 
(b) RETENTION.—The Secretary of Defense shall re-
quire that—
202 
(1) the records established pursuant to sub-
section (a) be retained by the Department of De-
fense for a period of not less than 20 years; and 
(2) a copy of such records be maintained at a 
centralized location for the same period as applies to 
retention of the records under paragraph (1). 
SEC. 535. BRIEFING, PLAN, AND RECOMMENDATIONS RE-
GARDING EFFORTS TO PREVENT AND RE-
SPOND TO HAZING INCIDENTS INVOLVING 
MEMBERS OF THE ARMED FORCES. 
(a) BRIEFING AND PLAN REQUIRED.—Not later than 
May 1, 2013, the Secretary of Defense (and the Secretary 
of Homeland Security in the case of the Coast Guard) 
shall provide to the Committees on Armed Services of the 
Senate and House of Representatives a briefing and plan 
that outlines efforts by the Department of Defense and 
the Coast Guard— 
(1) to prevent the hazing of members of the 
Armed Forces by other members of the Armed 
Forces; and 
(2) to respond to and resolve alleged hazing in-
cidents involving members of the Armed Forces, in-
cluding the prosecution of offenders through the use 
of punitive articles under subchapter X of chapter
203 
47 of title 10, United States Code (the Uniform 
Code of Military Justice). 
(b) DATABASE.—The plan required by subsection (a) 
shall include the establishment of a database for the pur-
pose of improving the ability of the Department of De-
fense and the Coast Guard— 
(1) to determine the extent to which hazing in-
cidents involving members of the Armed Forces are 
occurring and the nature of such hazing incidents; 
and 
(2) to track, respond to, and resolve hazing in-
cidents involving members of the Armed Forces. 
(c) RECOMMENDATIONS.—As part of the briefing re-
quired by subsection (a), the Secretary of Defense (and 
the Secretary of Homeland Security in the case of the 
Coast Guard) shall submit such recommendations for 
changes to the Uniform Code of Military Justice and the 
Manual for Courts-Martial as the Secretaries consider nec-
essary to improve the prosecution of hazing incidents. 
(d) CONSULTATION.—The Secretary of Defense shall 
prepare the plan, database, and recommendations required 
by this section in consultation with the Secretaries of the 
military departments. 
(e) TRANSFER
OF VICTIMS
OF HAZING
IN
THE 
ARMED FORCES.—The Secretary concerned (as defined in
204 
section 101(a)(9) of title 10, United States Code) shall 
develop and implement a procedure to transfer a member 
of that branch of the Armed Forces who has been the vic-
tim of a substantiated incident of hazing to another unit 
in such branch of the Armed Forces. 
(f) HAZING DESCRIBED.—For purposes of carrying 
out this section, the Secretary of Defense (and the Sec-
retary of Homeland Security in the case of the Coast 
Guard) shall use the definition of hazing contained in the 
August 28, 1997, Secretary of Defense Policy Memo-
randum, which defined hazing as any conduct whereby a 
member of the Armed Forces, regardless of branch or 
rank, without proper authority causes another member to 
suffer, or be exposed to, any activity which is cruel, abu-
sive, humiliating, oppressive, demeaning, or harmful. So-
liciting or coercing another person to perpetrate any such 
activity is also considered hazing. Hazing need not involve 
physical contact among or between members of the Armed 
Forces. Hazing can be verbal or psychological in nature. 
Actual or implied consent to acts of hazing does not elimi-
nate the culpability of the perpetrator. 
(g) ANNUAL REPORTING REQUIREMENT.— 
(1) IN GENERAL.—The database required by 
subsection (b) shall be used to develop and imple-
ment an annual congressional report.
205 
(2) REPORTS REQUIRED.—Not later than Janu-
ary 15 of each year, the Secretary of Defense and 
the Secretary of Homeland Security (with respect to 
the Coast Guard) shall submit to the designated 
congressional committees a report on the hazing in-
cidents involving members of the Armed Forces dur-
ing the preceding year. 
(3) ELEMENTS.—Each report shall include the 
following: 
(A) an assessment by the Secretaries of 
the implementation during the preceding year 
of the policies and procedures of each Armed 
Force on the prevention of and response to haz-
ing involving members of the Armed Forces in 
order to determine the effectiveness of such 
policies and procedures. 
(B) Data on the number of alleged and 
substantiated hazing incidents within each 
Armed Force that occurred that year, including 
the race, gender and Armed Force of the victim 
and offender, the nature of the hazing, and ac-
tions taken to resolve and address the hazing. 
(h) COMPTROLLER GENERAL REPORT.— 
(1) REPORT
REQUIRED.—Not later than one 
year after the date of enactment of this Act, the
206 
Comptroller General of the United States shall sub-
mit to the designated congressional committees a re-
port on the policies to prevent hazing and systems 
initiated to track incidents of hazing in each of the 
Armed Forces, including officer cadet schools, mili-
tary 
academies, 
military 
academy 
preparatory 
schools, and basic training and professional schools 
for enlisted members. 
(2) ELEMENTS.—The report required by para-
graph (1) shall include the following: 
(A) An evaluation of the definition of haz-
ing used pursuant to subsection (e). 
(B) A description of the criteria used, and 
the methods implemented, in the systems to 
track incidents of hazing in the Armed Forces. 
(C) An assessment of the following: 
(i) The scope of hazing in each Armed 
Force. 
(ii) The policies in place and the 
training on hazing provided to members 
throughout the course of their careers for 
each Armed Force. 
(iii) The actions taken to mitigate 
hazing incidents in each Armed Force.
207 
(iv) The effectiveness of the training 
and policies in place regarding hazing. 
(v) The number of alleged and sub-
stantiated incidents of hazing over the last 
five years for each Armed Force, the na-
ture of these cases and actions taken to 
address such matters through non-judicial 
and judicial action. 
(D) An evaluation of the additional ac-
tions, if any, the Secretary of Defense and the 
Secretary of Homeland Security propose to take 
to further address the incidence of hazing in 
the Armed Forces. 
(E) Such recommendations as the Comp-
troller General considers appropriate for im-
proving hazing prevention programs, policies, 
and other actions taken to address hazing with-
in the Armed Forces. 
(i) DESIGNATED CONGRESSIONAL COMMITTEES DE-
FINED.—In subsections (f) and (g), the term ‘‘designated 
congressional committees’’ means— 
(1) the Committee on Armed Services, the 
Committee on Oversight and Government Reform, 
and the Committee on Commerce, Science and 
Transportation of the Senate; and
208 
(2) the Committee on Armed Services, the 
Committee on Oversight and Government Reform, 
and the Committee on Transportation and Infra-
structure of the House of Representatives. 
SEC. 536. PROTECTION OF RIGHTS OF CONSCIENCE OF 
MEMBERS OF THE ARMED FORCES AND 
CHAPLAINS OF SUCH MEMBERS. 
(a) PROTECTION.—Chapter 53 of title 10, United 
States Code, is amended by inserting after section 1034 
the following new section: 
‘‘§ 1034a. Protection of rights of conscience of mem-
bers of the Armed Forces and chaplains 
of such members 
‘‘(a) PROTECTION OF RIGHTS OF CONSCIENCE.—The 
Armed Forces shall accommodate the conscience and sin-
cerely held moral principles and religious beliefs of the 
members of the Armed Forces concerning the appropriate 
and inappropriate expression of human sexuality and may 
not use such conscience, principles, or beliefs as the basis 
of any adverse personnel action, discrimination, or denial 
of promotion, schooling, training, or assignment. Nothing 
in this subsection precludes disciplinary action for conduct 
that is proscribed by chapter 47 of this title (the Uniform 
Code of Military Justice).
209 
‘‘(b) PROTECTION OF CHAPLAINS.—(1) For purposes 
of this title, a military chaplain is— 
‘‘(A) a certified religious leader or clergy of a 
faith community who, after satisfying the profes-
sional and educational requirements of the commis-
sioning service, is commissioned as an officer in the 
Chaplains Corps of one of the branches of the 
Armed Forces; and 
‘‘(B) a representative of the faith group of the 
chaplain, who remains accountable to the endorsing 
faith group for the religious ministry involved to 
members of the Armed Forces, to— 
‘‘(i) provide for the religious and spiritual needs 
of members of the Armed Forces of that faith group; 
and 
‘‘(ii) facilitate the religious needs of members of 
the Armed Forces of other faith groups. 
‘‘(2) No member of the Armed Forces may— 
‘‘(A) direct, order, or require a chaplain to per-
form any duty, rite, ritual, ceremony, service, or 
function that is contrary to the conscience, moral 
principles, or religious beliefs of the chaplain, or con-
trary to the moral principles and religious beliefs of 
the endorsing faith group of the chaplain; or
210 
‘‘(B) discriminate or take any adverse personnel 
action against a chaplain, including denial of pro-
motion, schooling, training, or assignment, on the 
basis of the refusal by the chaplain to comply with 
a direction, order, or requirement prohibited by sub-
paragraph (A). 
‘‘(c) REGULATIONS.—The Secretary of Defense shall 
issue regulations implementing the protections afforded by 
this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 53 of title 10, United States 
Code, is amended by inserting after the item relating to 
section 1034 the following new item: 
‘‘1034a. Protection of rights of conscience of members of the Armed Forces and 
chaplains of such members.’’. 
SEC. 537. USE OF MILITARY INSTALLATIONS AS SITES FOR 
MARRIAGE CEREMONIES OR MARRIAGE-LIKE 
CEREMONIES. 
A military installation or other property owned or 
rented by, or otherwise under the jurisdiction or control 
of, the Department of Defense may not be used to offi-
ciate, solemnize, or perform a marriage or marriage-like 
ceremony involving anything other than the union of one 
man with one woman.
211 
SEC. 538. COORDINATION BETWEEN YELLOW RIBBON RE-
INTEGRATION PROGRAM AND SMALL BUSI-
NESS DEVELOPMENT CENTERS. 
The Office for Reintegration Programs shall assist 
each State to coordinate services under the Yellow Ribbon 
Reintegration Program under section 582 of the National 
Defense Authorization Act of 2008 (10 U.S.C. 10101 
note) with Small Business Development Centers (as de-
fined in section 3(t) of the Small Business Act) in each 
State. 
Subtitle E—Member Education and 
Training Opportunities and Ad-
ministration 
SEC. 541. TRANSFER OF TROOPS-TO-TEACHERS PROGRAM 
FROM DEPARTMENT OF EDUCATION TO DE-
PARTMENT 
OF 
DEFENSE 
AND 
ENHANCE-
MENTS TO THE PROGRAM. 
(a) TRANSFER OF FUNCTIONS.— 
(1) TRANSFER.—The responsibility and author-
ity for operation and administration of the Troops- 
to-Teachers Program in chapter A of subpart 1 of 
part C of title II of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6671 et seq.) is 
transferred from the Secretary of Education to the 
Secretary of Defense.
212 
(2) EFFECTIVE
DATE.—The transfer under 
paragraph (1) shall take effect on the first day of 
the first month beginning more than 90 days after 
the date of the enactment of this Act, or on such 
earlier date as the Secretary of Education and the 
Secretary of Defense may jointly provide. 
(b) ENACTMENT OF PROGRAM AUTHORITY IN TITLE 
10, UNITED STATES CODE.— 
(1) IN
GENERAL.—Chapter 58 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 1154. Assistance to eligible members and former 
members to obtain employment as teach-
ers: troops-to-teachers program 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) CHARTER
SCHOOL.—The term ‘charter 
school’ has the meaning given that term in section 
5210(1) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7221i(1)). 
‘‘(2) ELIGIBLE
SCHOOL.—The term ‘eligible 
school’ means— 
‘‘(A) a public school, including a charter 
school, at which— 
‘‘(i) at least 30 percent of the stu-
dents enrolled in the school are from fami-
213 
lies with incomes below 185 percent of pov-
erty level (as defined by the Office of Man-
agement and Budget and revised at least 
annually in accordance with section 9(b)(1) 
of the Richard B. Russell National School 
Lunch Act (42 U.S.C. 1758(b)(1)) applica-
ble to a family of the size involved; or 
‘‘(ii) at least 13 percent of the stu-
dents enrolled in the school qualify for as-
sistance under part B of the Individuals 
with Disabilities Education Act; or 
‘‘(B) a Bureau-funded school as defined in 
section 1141(3) of the Education Amendments 
of 1978 (25 U.S.C. 2021(3)). 
‘‘(3) HIGH-NEED
SCHOOL.—The term ‘high- 
need school’ means— 
‘‘(A) an elementary or middle school in 
which at least 50 percent of the enrolled stu-
dents are children from low-income families, 
based on the number of children eligible to for 
free and reduced priced lunches under the Rich-
ard B. Russell National School Lunch Act (42 
U.S.C. 1751 et seq.), the number of children in 
families receiving assistance under the State 
program funded under part A of title IV of the
214 
Social Security Act (42 U.S.C. 601 et seq.), the 
number of children eligible to receive medical 
assistance under the Medicaid program, or a 
composite of these indicators; 
‘‘(B) a high school in which at least 40 
percent of enrolled students are children from 
low-income families, which may be calculated 
using comparable data from feeder schools; or 
‘‘(C) a school that is in a local educational 
agency that is eligible under section 6211(b) of 
the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 7345(b)). 
‘‘(4) MEMBER OF THE ARMED FORCES.—The 
term ‘member of the armed forces’ includes a retired 
or former member of the armed forces. 
‘‘(5) PARTICIPANT.—The term ‘participant’ 
means an eligible member of the armed forces se-
lected to participate in the Program. 
‘‘(6) PROGRAM.—The term ‘Program’ means 
the Troops-to-Teachers Program authorized by this 
section. 
‘‘(7) SECRETARY.—The term ‘Secretary’ means 
the Secretary of Defense. 
‘‘(8) ADDITIONAL TERMS.—The terms ‘elemen-
tary school’, ‘local educational agency’, ‘secondary
215 
school’, and ‘State’ have the meanings given those 
terms in section 9101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801). 
‘‘(b) PROGRAM AUTHORIZATION.—The Secretary of 
Defense may carry out a Troops-to-Teachers Program— 
‘‘(1) to assist eligible members of the armed 
forces described in subsection (d) to obtain certifi-
cation or licensing as elementary school teachers, 
secondary school teachers, or career or technical 
teachers; and 
‘‘(2) to facilitate the employment of such mem-
bers— 
‘‘(A) by local educational agencies or char-
ter schools that the Secretary of Education 
identifies as— 
‘‘(i) receiving grants under part A of 
title I of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6301 
et. seq.) as a result of having within their 
jurisdictions concentrations of children 
from low-income families; or 
‘‘(ii) experiencing a shortage of teach-
ers, in particular a shortage of science, 
mathematics, special education, foreign
216 
language, or career or technical teachers; 
and 
‘‘(B) in elementary schools or secondary 
schools, or as career or technical teachers. 
‘‘(c) COUNSELING AND REFERRAL SERVICES.—The 
Secretary may provide counseling and referral services to 
members of the armed forces who do not meet the eligi-
bility criteria described in subsection (d), including the 
education qualification requirements under paragraph 
(3)(B) of such subsection. 
‘‘(d) ELIGIBILITY AND APPLICATION PROCESS.— 
‘‘(1) ELIGIBLE MEMBERS.—The following mem-
bers of the armed forces are eligible for selection to 
participate in the Program: 
‘‘(A) Any member who— 
‘‘(i) on or after October 1, 1999, be-
comes entitled to retired or retainer pay 
under this title or title 14; 
‘‘(ii) has an approved date of retire-
ment that is within one year after the date 
on which the member submits an applica-
tion to participate in the Program; or 
‘‘(iii) has been transferred to the Re-
tired Reserve.
217 
‘‘(B) Any member who, on or after Janu-
ary 8, 2002— 
‘‘(i)(I) is separated or released from 
active duty after four or more years of con-
tinuous active duty immediately before the 
separation or release; or 
‘‘(II) has completed a total of at least 
six years of active duty service, six years of 
service computed under section 12732 of 
this title, or six years of any combination 
of such service; and 
‘‘(ii) executes a reserve commitment 
agreement for a period of not less than 
three years under paragraph (5)(B). 
‘‘(C) Any member who, on or after Janu-
ary 8, 2002, is retired or separated for physical 
disability under chapter 61 of this title. 
‘‘(2) SUBMISSION OF APPLICATIONS.—(A) Se-
lection of eligible members of the armed forces to 
participate in the Program shall be made on the 
basis of applications submitted to the Secretary 
within the time periods specified in subparagraph 
(B). An application shall be in such form and con-
tain such information as the Secretary may require.
218 
‘‘(B) In the case of an eligible member of the 
armed forces described in subparagraph (A)(i), (B), 
or (C) of paragraph (1), an application shall be con-
sidered to be submitted on a timely basis under if 
the application is submitted not later than three 
years after the date on which the member is retired, 
separated, or released from active duty, whichever 
applies to the member. 
‘‘(3) 
SELECTION
CRITERIA; 
EDUCATIONAL 
BACKGROUND REQUIREMENTS; HONORABLE SERVICE 
REQUIREMENT.—(A) The Secretary shall prescribe 
the criteria to be used to select eligible members of 
the armed forces to participate in the Program. 
‘‘(B) If a member of the armed forces is apply-
ing for the Program to receive assistance for place-
ment as an elementary school or secondary school 
teacher, the Secretary shall require the member to 
have received a baccalaureate or advanced degree 
from an accredited institution of higher education. 
‘‘(C) If a member of the armed forces is apply-
ing for the Program to receive assistance for place-
ment as a career or technical teacher, the Secretary 
shall require the member— 
‘‘(i) to have received the equivalent of one 
year of college from an accredited institution of
219 
higher education or the equivalent in military 
education and training as certified by the De-
partment of Defense; or 
‘‘(ii) to otherwise meet the certification or 
licensing requirements for a career or technical 
teacher in the State in which the member seeks 
assistance for placement under the Program. 
‘‘(D) A member of the armed forces is eligible 
to participate in the Program only if the member’s 
last period of service in the armed forces was honor-
able, as characterized by the Secretary concerned. A 
member selected to participate in the Program be-
fore the retirement of the member or the separation 
or release of the member from active duty may con-
tinue to participate in the Program after the retire-
ment, separation, or release only if the member’s 
last period of service is characterized as honorable 
by the Secretary concerned. 
‘‘(4) SELECTION PRIORITIES.—In selecting eli-
gible members of the armed forces to receive assist-
ance under the Program, the Secretary— 
‘‘(A) shall give priority to members who— 
‘‘(i) have educational or military expe-
rience in science, mathematics, special edu-
220 
cation, foreign language, or career or tech-
nical subjects; and 
‘‘(ii) agree to seek employment as 
science, mathematics, foreign language, or 
special education teachers in elementary 
schools or secondary schools or in other 
schools under the jurisdiction of a local 
educational agency; and 
‘‘(B) may give priority to members who 
agree to seek employment in a high-need school. 
‘‘(5) OTHER CONDITIONS ON SELECTION.—(A) 
Subject to subsection (i), the Secretary may not se-
lect an eligible member of the armed forces to par-
ticipate in the Program and receive financial assist-
ance unless the Secretary has sufficient appropria-
tions for the Program available at the time of the 
selection to satisfy the obligations to be incurred by 
the United States under subsection (e) with respect 
to the member. 
‘‘(B) The Secretary may not select an eligible 
member of the armed forces described in paragraph 
(1)(B)(i) to participate in the Program and receive 
financial assistance under subsection (e) unless the 
member executes a written agreement to serve as a 
member of the Selected Reserve of a reserve compo-
221 
nent of the armed forces for a period of not less 
than three years. 
‘‘(e) PARTICIPATION AGREEMENT AND FINANCIAL 
ASSISTANCE.— 
‘‘(1) PARTICIPATION AGREEMENT.—(A) An eli-
gible member of the armed forces selected to partici-
pate in the Program under subsection (b) and to re-
ceive financial assistance under this subsection shall 
be required to enter into an agreement with the Sec-
retary in which the member agrees— 
‘‘(i) within such time as the Secretary may 
require, to obtain certification or licensing as an 
elementary school teacher, secondary school 
teacher, or career or technical teacher; and 
‘‘(ii) to accept an offer of full-time employ-
ment as an elementary school teacher, sec-
ondary school teacher, or career or technical 
teacher for not less than three school years in 
an eligible school to begin the school year after 
obtaining that certification or licensing. 
‘‘(B) The Secretary may waive the three-year 
commitment described in subparagraph (A)(ii) for a 
participant if the Secretary determines such waiver 
to be appropriate. If the Secretary provides the 
waiver, the participant shall not be considered to be
222 
in violation of the agreement and shall not be re-
quired to provide reimbursement under subsection 
(f), for failure to meet the three-year commitment. 
‘‘(2) VIOLATION
OF
PARTICIPATION
AGREE-
MENT; EXCEPTIONS.—A participant shall not be 
considered to be in violation of the participation 
agreement entered into under paragraph (1) during 
any period in which the participant— 
‘‘(A) is pursuing a full-time course of 
study related to the field of teaching at an in-
stitution of higher education; 
‘‘(B) is serving on active duty as a member 
of the armed forces; 
‘‘(C) is temporarily totally disabled for a 
period of time not to exceed three years as es-
tablished by sworn affidavit of a qualified physi-
cian; 
‘‘(D) is unable to secure employment for a 
period not to exceed 12 months by reason of the 
care required by a spouse who is disabled; 
‘‘(E) is unable to find full-time employ-
ment as a teacher in an elementary school or 
secondary school or as a career or technical 
teacher for a single period not to exceed 27 
months; or
223 
‘‘(F) satisfies the provisions of additional 
reimbursement exceptions that may be pre-
scribed by the Secretary. 
‘‘(3) STIPEND
AND
BONUS
FOR
PARTICI-
PANTS.—(A) Subject to subparagraph (C), the Sec-
retary may pay to a participant a stipend to cover 
expenses incurred by the participant to obtain the 
required educational level, certification or licensing. 
Such stipend may not exceed $5,000 and may vary 
by participant. 
‘‘(B)(i) Subject to subparagraph (C), the Sec-
retary may pay a bonus to a participant who agrees 
in the participation agreement under paragraph (1) 
to accept full-time employment as an elementary 
school teacher, secondary school teacher, or career 
or technical teacher for not less than three school 
years in an eligible school. 
‘‘(ii) The amount of the bonus may not exceed 
$5,000, unless the eligible school is a high-need 
school, in which case the amount of the bonus may 
not exceed $10,000. Within such limits, the bonus 
may vary by participant and may take into account 
the priority placements as determined by the Sec-
retary.
224 
‘‘(C)(i) The total number of stipends that may 
be paid under subparagraph (A) in any fiscal year 
may not exceed 5,000. 
‘‘(ii) The total number of bonuses that may be 
paid under subparagraph (B) in any fiscal year may 
not exceed 3,000. 
‘‘(iii) A participant may not receive a stipend 
under subparagraph (A) if the participant is eligible 
for benefits under chapter 33 of title 38. 
‘‘(iv) The combination of a stipend under sub-
paragraph (A) and a bonus under subparagraph (B) 
for any one participant may not exceed $10,000. 
‘‘(4) TREATMENT OF STIPEND AND BONUS.—A 
stipend or bonus paid under this subsection to a 
participant shall be taken into account in deter-
mining the eligibility of the participant for Federal 
student financial assistance provided under title IV 
of the Higher Education Act of 1965 (20 U.S.C. 
1070 et seq.). 
‘‘(f) 
REIMBURSEMENT
UNDER
CERTAIN
CIR-
CUMSTANCES.— 
‘‘(1) REIMBURSEMENT REQUIRED.—A partici-
pant who is paid a stipend or bonus under this sub-
section shall be subject to the repayment provisions
225 
of section 373 of title 37 under the following cir-
cumstances: 
‘‘(A) The participant fails to obtain teach-
er certification or licensing or to obtain employ-
ment as an elementary school teacher, sec-
ondary school teacher, or career or technical 
teacher as required by the participation agree-
ment under subsection (e)(1). 
‘‘(B) The participant voluntarily leaves, or 
is terminated for cause from, employment as an 
elementary school teacher, secondary school 
teacher, or career or technical teacher during 
the three years of required service in violation 
of the participation agreement. 
‘‘(C) The participant executed a written 
agreement with the Secretary concerned under 
subsection (d)(5)(B) to serve as a member of a 
reserve component of the armed forces for a pe-
riod of three years and fails to complete the re-
quired term of service. 
‘‘(2) AMOUNT OF REIMBURSEMENT.—A partici-
pant required to reimburse the Secretary for a sti-
pend or bonus paid to the participant under sub-
section (e) shall pay an amount that bears the same 
ratio to the amount of the stipend or bonus as the
226 
unserved portion of required service bears to the 
three years of required service. 
‘‘(3) INTEREST.—Any amount owed by a par-
ticipant under this subsection shall bear interest at 
the rate equal to the highest rate being paid by the 
United States on the day on which the reimburse-
ment is determined to be due for securities having 
maturities of 90 days or less and shall accrue from 
the day on which the participant is first notified of 
the amount due. 
‘‘(4) EXCEPTIONS
TO
REIMBURSEMENT
RE-
QUIREMENT.—A participant shall be excused from 
reimbursement under this subsection if the partici-
pant becomes permanently totally disabled as estab-
lished by sworn affidavit of a qualified physician. 
The Secretary may also waive the reimbursement in 
cases of extreme hardship to the participant, as de-
termined by the Secretary. 
‘‘(g) RELATIONSHIP TO EDUCATIONAL ASSISTANCE 
UNDER MONTGOMERY GI BILL.—Except as provided in 
subsection (e)(3)(C)(iii), the receipt by a participant of a 
stipend or bonus under subsection (e) shall not reduce or 
otherwise affect the entitlement of the participant to any 
benefits under chapter 30 or 33 of title 38 or chapter 1606 
of this title.
227 
‘‘(h) PARTICIPATION BY STATES.— 
‘‘(1) 
DISCHARGE
OF
STATE
ACTIVITIES 
THROUGH CONSORTIA OF STATES.—The Secretary 
may permit States participating in the Program to 
carry out activities authorized for such States under 
the Program through one or more consortia of such 
States. 
‘‘(2) ASSISTANCE TO STATES.—(A) Subject to 
subparagraph (B), the Secretary may make grants 
to States participating in the Program, or to con-
sortia of such States, in order to permit such States 
or consortia of States to operate offices for purposes 
of recruiting eligible members of the armed forces 
for participation in the Program and facilitating the 
employment of participants as elementary school 
teachers, secondary school teachers, and career or 
technical teachers. 
‘‘(B) The total amount of grants made under 
subparagraph (A) in any fiscal year may not exceed 
$5,000,000. 
‘‘(i) LIMITATION ON TOTAL FISCAL-YEAR OBLIGA-
TIONS.—The total amount obligated by the Secretary 
under the Program for any fiscal year may not exceed 
$15,000,000.’’.
228 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘1154. Assistance to eligible members and former members to obtain employ-
ment as teachers: Troops-to-Teachers Program.’’. 
(c) CONFORMING AMENDMENT.—Subparagraph (C) 
of section 1142(b)(4) of such title is amended by striking 
‘‘section 2302’’ and all that follows through the end of 
the subparagraph and inserting ‘‘under section 1154 of 
this title.’’. 
(d) TERMINATION OF DEPARTMENT OF EDUCATION 
TROOPS-TO-TEACHERS PROGRAM.— 
(1) TERMINATION.—Chapter A of subpart 1 of 
part C of title II of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6671 et seq.) is 
repealed. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 2 of the Elementary and Secondary 
Education Act 1965 is amended by striking the 
items relating to chapter A of subpart 1 of part C 
of title II of such Act. 
(3) EXISTING
AGREEMENTS.—The repeal of 
chapter A of subpart 1 of part C of title II of the 
Elementary and Secondary Education Act of 1965 
(20 U.S.C. 6671 et seq.) by paragraph (1) shall not 
affect—
229 
(A) the validity or terms of any agreement 
entered into under such chapter, as in effect 
immediately before such repeal, before the ef-
fective date of the transfer of the Troops-to- 
Teachers Program under subsection (a); or 
(B) the authority to pay assistance, make 
grants, or obtain reimbursement in connection 
with such an agreement as in effect before the 
effective date of the transfer of the Troops-to- 
Teachers Program under subsection (a). 
SEC. 542. SUPPORT OF NAVAL ACADEMY ATHLETIC AND 
PHYSICAL FITNESS PROGRAMS. 
(a) AUTHORITY TO SUPPORT PROGRAMS.—Chapter 
603 of title 10, United States Code, is amended by adding 
at the end the following new section: 
‘‘§ 6981. Support of athletic and physical fitness pro-
grams 
‘‘(a) AUTHORITY.—The Secretary of the Navy may 
enter into agreements, including cooperative agreements 
(as described in section 6305 of title 31), with the Naval 
Academy Athletic Association and its successors and as-
signs (in this section referred to as the ‘association’) to 
manage any aspect of the athletic and physical fitness pro-
grams of the Naval Academy.
230 
‘‘(b) AUTHORITY TO PROVIDE SUPPORT TO ASSOCIA-
TION.—(1) The Secretary of the Navy may to transfer 
funds to the association to pay expenses incurred by the 
association in managing the athletic and physical fitness 
programs of the Naval Academy. 
‘‘(2) The Secretary may provide personal property 
and the services of members of the naval service and civil-
ian personnel of the Department of the Navy to assist the 
association in managing the athletic and physical fitness 
programs of the Naval Academy. 
‘‘(c) ACCEPTANCE OF GIFTS FROM THE ASSOCIA-
TION.—The Secretary of the Navy may accept from the 
association funds, supplies, and services for the support 
of the athletic and physical fitness programs of the Naval 
Academy. 
‘‘(d) RECEIPT AND RETENTION OF FUNDS FROM AS-
SOCIATION AND OTHER SOURCES.—(1) The Secretary of 
the Navy may receive from the association funds gen-
erated by the athletic and physical fitness programs of the 
Naval Academy and any other activity of the association 
and to retain and use such funds to further the mission 
of the Naval Academy. Receipt and retention of such 
funds shall be subject to oversight by the Secretary. 
‘‘(2) The Secretary may accept, use, and retain funds 
from the National Collegiate Athletic Association and to
231 
transfer all or part of those funds to the association for 
the support of the athletic and physical fitness programs 
of the Naval Academy. 
‘‘(e) USER FEES.—The Secretary of the Navy may 
charge user fees to the association for the association’s 
use of Naval Academy facilities for the conduct of summer 
athletic camps. Fees collected under this subsection may 
be retained for use in support of the Naval Academy ath-
letic program and shall remain available until expended. 
‘‘(f) LICENSING, MARKETING, AND SPONSORSHIP 
AGREEMENTS.—(1) The Secretary of the Navy may enter 
into an agreement with the association authorizing the as-
sociation to represent the Department of the Navy in con-
nection with licensing, marketing, and sponsorship agree-
ments relating to trademarks and service marks identi-
fying the Naval Academy, to the extent authorized by the 
Chief of Naval Research and in accordance with sections 
2260 and 5022 of this title. 
‘‘(2) Notwithstanding section 2260(d)(2) of this title, 
any funds generated by the licensing, marketing, and 
sponsorship under a agreement entered into under para-
graph (1) may be accepted, used, and retained by the Sec-
retary, or transferred by the Secretary to the association, 
for—
232 
‘‘(A) payment of the costs of securing trade-
mark registrations and operating of licensing pro-
grams; or 
‘‘(B) supporting the athletic and physical fit-
ness programs of the Naval Academy. 
‘‘(g) AUTHORIZED SERVICE ON BOARD OF DIREC-
TORS.—The Secretary may authorize members of the 
naval service and civilian personnel of the Department of 
the Navy to serve in accordance with sections 1033 and 
1589 of this title as members of the governing board of 
the association. 
‘‘(h) CONDITIONS.—The authority provided in this 
section with respect to the association is available only so 
long as the association continues— 
‘‘(1) to qualify as a nonprofit organization 
under section 501(c)(3) of the Internal Revenue 
Code of 1986; 
‘‘(2) to operate in accordance with this section, 
the laws of the State of Maryland, and the constitu-
tion and bylaws of the association; and 
‘‘(3) to operate exclusively to support the ath-
letic and physical fitness programs of the Naval 
Academy. 
‘‘(i) CONGRESSIONAL
NOTIFICATION.—Not later 
than 60 days after the date on which the Secretary of the
233 
Navy enters into an agreement under the authority of this 
section, the Secretary shall provide a copy of the agree-
ment to the congressional defense committees.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘6981. Support of athletic and physical fitness programs.’’. 
SEC. 543. DEPARTMENT OF DEFENSE INSPECTOR GENERAL 
REVIEW OF ACCESS TO MILITARY INSTALLA-
TIONS BY REPRESENTATIVES OF FOR-PROFIT 
EDUCATIONAL INSTITUTIONS. 
(a) REVIEW REQUIRED.—The Inspector General of 
the Department of Defense shall conduct a review to de-
termine the extent of the access that representatives of 
for-profit educational institutions have to military installa-
tions and whether there are adequate safeguards in place 
to regulate such access. 
(b) ELEMENTS OF REVIEW.—The review shall deter-
mine at a minimum the following: 
(1) The extent to which representatives of for- 
profit educational institutions are accessing military 
installations for marketing and recruitment pur-
poses. 
(2) Whether there uniform and robust enforce-
ment of DOD Directive 1344.07.
234 
(3) Whether additional Department rules, poli-
cies, or oversight mechanisms should be put in place 
to regulate such practices. 
(c) INSPECTOR GENERAL ACCESS.—The Secretary of 
Defense shall ensure that the Inspector General has access 
to all Department of Defense records and military installa-
tions for the purpose of conducting the review. 
SEC. 544. EXPANSION OF DEPARTMENT OF DEFENSE PILOT 
PROGRAM 
ON 
RECEIPT 
OF 
CIVILIAN 
CREDENTIALING 
FOR 
MILITARY 
OCCUPA-
TIONAL SPECIALTY SKILLS. 
(a) EXPANSION OF PROGRAM.—Subsection (b)(1) of 
section 558 of the National Defense Authorization Act for 
Fiscal Year 2012 (10 U.S.C. 2015 note) is amended by 
striking ‘‘or more than five’’. 
(b) 
USE
OF
INDUSTRY-RECOGNIZED
CERTIFI-
CATIONS.—Subsection (b) of such section is further 
amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(1); 
(2) by redesignating paragraph (2) as para-
graph (3); and 
(3) by inserting after paragraph (1) the fol-
lowing new paragraph:
235 
‘‘(2) consider utilizing industry-recognized cer-
tifications or licensing opportunities for civilian oc-
cupational skills comparable to the specialties or 
codes so designated; and’’. 
Subtitle F—Decorations and 
Awards 
SEC. 551. ISSUANCE OF PRISONER-OF-WAR MEDAL. 
Section 1128(a)(4) of title 10, United States Code, 
is amended by striking ‘‘that are hostile to the United 
States,’’. 
SEC. 552. AWARD OF PURPLE HEART TO MEMBERS OF THE 
ARMED FORCES WHO WERE VICTIMS OF THE 
ATTACKS AT RECRUITING STATION IN LITTLE 
ROCK, 
ARKANSAS, 
AND 
AT 
FORT 
HOOD, 
TEXAS. 
(a) AWARD REQUIRED.—The Secretary of the mili-
tary department concerned shall award the Purple Heart 
to the members of the Armed Forces who were killed or 
wounded in the attacks that occurred at the recruiting sta-
tion in Little Rock, Arkansas, on June 1, 2009, and at 
Fort Hood, Texas, on November 5, 2009. 
(b) EXCEPTION.—Subsection (a) shall not apply to 
a member of the Armed Forces whose wound was the re-
sult of the willful misconduct of the member.
236 
SEC. 
553. 
ADVANCEMENT 
OF 
BRIGADIER 
GENERAL 
CHARLES E. YEAGER, UNITED STATES AIR 
FORCE (RETIRED), ON THE RETIRED LIST. 
(a) ADVANCEMENT.—Brigadier General Charles E. 
Yeager, United States Air Force (retired), is entitled to 
hold the rank of major general while on the retired list 
of the Air Force. 
(b) ADDITIONAL BENEFITS NOT TO ACCRUE.—The 
advancement of Charles E. Yeager on the retired list of 
the Air Force under subsection (a) shall not affect the re-
tired pay or other benefits from the United States to 
which Charles E. Yeager is now or may in the future be 
entitled based upon his military service or affect any bene-
fits to which any other person may become entitled based 
on his service. 
SEC. 554. AUTHORIZATION FOR AWARD OF THE MEDAL OF 
HONOR TO FIRST LIEUTENANT ALONZO H. 
CUSHING FOR ACTS OF VALOR DURING THE 
CIVIL WAR. 
(a) AUTHORIZATION.—Notwithstanding the time lim-
itations 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 
Armed Forces, the President is authorized to award the 
Medal of Honor under section 3741 of such title to then 
First Lieutenant Alonzo H. Cushing for conspicuous acts
237 
of gallantry and intrepidity at the risk of life and beyond 
the call of duty in the Civil War, as described in subsection 
(b). 
(b) ACTS OF VALOR DESCRIBED.—The acts of valor 
referred to in subsection (a) are the actions of then First 
Lieutenant Alonzo H. Cushing while in command of Bat-
tery A, 4th United States Artillery, Army of the Potomac, 
at Gettysburg, Pennsylvania, on July 3, 1863, during the 
American Civil War. 
SEC. 555. RETROACTIVE AWARD OF ARMY COMBAT ACTION 
BADGE. 
(a) AUTHORITY TO AWARD.—The Secretary of the 
Army may award the Army Combat Action Badge (estab-
lished by order of the Secretary of the Army through 
Headquarters, Department of the Army Letter 600–05– 
1, dated June 3, 2005) to a person who, while a member 
of the Army, participated in combat during which the per-
son personally engaged, or was personally engaged by, the 
enemy at any time during the period beginning on Decem-
ber 7, 1941, and ending on September 18, 2001 (the date 
of the otherwise applicable limitation on retroactivity for 
the award of such decoration), if the Secretary determines 
that the person has not been previously recognized in an 
appropriate manner for such participation.
238 
(b) PROCUREMENT OF BADGE.—The Secretary of 
the Army may make arrangements with suppliers of the 
Army Combat Action Badge so that eligible recipients of 
the Army Combat Action Badge pursuant to subsection 
(a) may procure the badge directly from suppliers, thereby 
eliminating or at least substantially reducing administra-
tive costs for the Army to carry out this section. 
SEC. 556. REPORT ON NAVY REVIEW, FINDINGS, AND AC-
TIONS PERTAINING TO MEDAL OF HONOR 
NOMINATION OF MARINE CORPS SERGEANT 
RAFAEL PERALTA. 
Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of the Navy shall submit 
to the Committees on Armed Services of the Senate and 
House of Representatives a report describing the Navy re-
view, findings, and actions pertaining to the Medal of 
Honor nomination of Marine Corps Sergeant Rafael 
Peralta. The report shall account for all evidence sub-
mitted with regard to the case.
239 
Subtitle G—Defense Dependents’ 
Education and Military Family 
Readiness Matters 
SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 
EDUCATIONAL AGENCIES THAT BENEFIT DE-
PENDENTS OF MEMBERS OF THE ARMED 
FORCES AND DEPARTMENT OF DEFENSE CI-
VILIAN EMPLOYEES. 
(a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT 
NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 
amount authorized to be appropriated for fiscal year 2013 
by section 301 and available for operation and mainte-
nance for Defense-wide activities as specified in the fund-
ing table in section 4301, $25,000,000 shall be available 
only for the purpose of providing assistance to local edu-
cational agencies under subsection (a) of section 572 of 
the National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109–163; 20 U.S.C. 7703b). 
(b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT 
CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE 
CHANGES, OR FORCE RELOCATIONS.—Of the amount au-
thorized to be appropriated for fiscal year 2013 by section 
301 and available for operation and maintenance for De-
fense-wide activities as specified in the funding table in 
section 4301, $5,000,000 shall be available only for the
240 
purpose of providing assistance to local educational agen-
cies under subsection (b) of section 572 of the National 
Defense Authorization Act for Fiscal Year 2006 (Public 
Law 109–163; 20 U.S.C. 7703b). 
(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In 
this section, the term ‘‘local educational agency’’ has the 
meaning given that term in section 8013(9) of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C. 
7713(9)). 
SEC. 562. TRANSITIONAL COMPENSATION FOR DEPENDENT 
CHILDREN WHO WERE CARRIED DURING 
PREGNANCY AT THE TIME OF DEPENDENT- 
ABUSE OFFENSE COMMITTED BY AN INDI-
VIDUAL WHILE A MEMBER OF THE ARMED 
FORCES. 
(a) DEFINITION
OF
DEPENDENT
CHILD.—Sub-
section (l) of section 1059 of title 10, United States Code, 
is amended in the matter preceding paragraph (1) by 
striking ‘‘at the time of the dependent-abuse offense re-
sulting in the separation of the former member’’ and in-
serting ‘‘or eligible spouse or former spouse at the time 
of the dependent-abuse offense resulting in the separation 
of the former member or who was carried during preg-
nancy at the time of the dependent-abuse offense resulting
241 
in the separation of the former member and was subse-
quently born alive to the eligible spouse or former spouse’’. 
(b) DETERMINATION OF PAYMENT AMOUNT.—Sub-
section (f) of such section is amended by adding at the 
end the following new paragraph: 
‘‘(4) A payment to a child under this section shall 
not cover any period during which the child was in utero.’’. 
(c) PROSPECTIVE APPLICABILITY.—No benefits shall 
accrue by reason of the amendments made by this section 
for any month that begins before the date of the enact-
ment of this Act. 
SEC. 563. MODIFICATION OF AUTHORITY TO ALLOW DE-
PARTMENT OF DEFENSE DOMESTIC DEPEND-
ENT 
ELEMENTARY 
AND 
SECONDARY 
SCHOOLS TO ENROLL CERTAIN STUDENTS. 
Section 2164 of title 10, United States Code, is 
amended by adding at the end the following new sub-
sections: 
‘‘(k) ENROLLMENT OF RELOCATED DEFENSE DE-
PENDENTS’ EDUCATION SYSTEM STUDENTS.—(1) The 
Secretary of Defense may authorize the enrollment in a 
Department of Defense education program provided by 
the Secretary pursuant to subsection (a) of a dependent 
of a member of the armed forces or a dependent of a Fed-
eral employee who is enrolled in the defense dependents’
242 
education system established under section 1402 of the 
Defense Dependents’ Education Act of 1978 (20 U.S.C. 
921) if— 
‘‘(A) the dependents departed the overseas loca-
tion as a result of a evacuation order; 
‘‘(B) the designated safe haven of the depend-
ent is located within reasonable commuting distance 
of a school operated by the Department of Defense 
education program; and 
‘‘(C) the school possesses the capacity and re-
sources necessary to enable the student to attend the 
school. 
‘‘(2) A dependent described in paragraph (1) who is 
enrolled in a school operated by the Department of De-
fense education program pursuant to such paragraph may 
attend the school only through the end of the school year. 
‘‘(l) ENROLLMENT IN VIRTUAL ELEMENTARY AND 
SECONDARY EDUCATION PROGRAM.—(1) Under regula-
tions prescribed by the Secretary of Defense, the Secretary 
may authorize the enrollment in the virtual elementary 
and secondary education program established as a compo-
nent of the Department of Defense education program of 
a dependent of a member of the armed forces on active 
duty who—
243 
‘‘(A) is enrolled in an elementary or secondary 
school operated by a local educational agency or an-
other accredited educational program in the United 
States (other than a school operated by the Depart-
ment of Defense education program); and 
‘‘(B) immediately before such enrollment, was 
enrolled in the defense dependents’ education system 
established under section 1402 of the Defense De-
pendents’ Education Act of 1978 (20 U.S.C. 921). 
‘‘(2) Enrollment of a dependent described in para-
graph (1) pursuant to such paragraph shall be on a tuition 
basis.’’. 
SEC. 564. PROTECTION OF CHILD CUSTODY ARRANGE-
MENTS FOR PARENTS WHO ARE MEMBERS OF 
THE ARMED FORCES. 
(a) CHILD CUSTODY PROTECTION.—Title II of the 
Servicemembers Civil Relief Act (50 U.S.C. App. 521 et 
seq.) is amended by adding at the end the following new 
section: 
‘‘SEC. 208. CHILD CUSTODY PROTECTION. 
‘‘(a) 
RESTRICTION
ON
TEMPORARY
CUSTODY 
ORDER.—If a court renders a temporary order for custo-
dial responsibility for a child based solely on a deployment 
or anticipated deployment of a parent who is a service-
member, then the court shall require that, upon the return
244 
of the servicemember from deployment, the custody order 
that was in effect immediately preceding the temporary 
order shall be reinstated, unless the court finds that such 
a reinstatement is not in the best interest of the child, 
except that any such finding shall be subject to subsection 
(b). 
‘‘(b) EXCLUSION OF MILITARY SERVICE FROM DE-
TERMINATION OF CHILD’S BEST INTEREST.—If a motion 
or a petition is filed seeking a permanent order to modify 
the custody of the child of a servicemember, no court may 
consider the absence of the servicemember by reason of 
deployment, or the possibility of deployment, in deter-
mining the best interest of the child. 
‘‘(c) NO FEDERAL JURISDICTION OR RIGHT OF AC-
TION OR REMOVAL.—Nothing in this section shall create 
a Federal right of action or otherwise give rise to Federal 
jurisdiction or create a right of removal. 
‘‘(d) PREEMPTION.—In any case where State law ap-
plicable to a child custody proceeding involving a tem-
porary order as contemplated in this section provides a 
higher standard of protection to the rights of the parent 
who is a deploying servicemember than the rights provided 
under this section with respect to such temporary order, 
the appropriate court shall apply the higher State stand-
ard.
245 
‘‘(e) DEPLOYMENT DEFINED.—In this section, the 
term ‘deployment’ means the movement or mobilization of 
a servicemember to a location for a period of longer than 
60 days and not longer than 18 months pursuant to tem-
porary or permanent official orders— 
‘‘(1) that are designated as unaccompanied; 
‘‘(2) for which dependent travel is not author-
ized; or 
‘‘(3) that otherwise do not permit the move-
ment of family members to that location.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by adding at the 
end of the items relating to title II the following new item: 
‘‘208. Child custody protection.’’. 
SEC. 565. TREATMENT OF RELOCATION OF MEMBERS OF 
THE ARMED FORCES FOR ACTIVE DUTY FOR 
PURPOSES OF MORTGAGE REFINANCING. 
(a) IN GENERAL.—Title III of the Servicemembers 
Civil Relief Act is amended by inserting after section 303 
(50 U.S.C. App. 533) the following new section: 
‘‘SEC. 
303A. 
TREATMENT 
OF 
RELOCATION 
OF 
SERVICEMEMBERS FOR ACTIVE DUTY FOR 
PURPOSES OF MORTGAGE REFINANCING. 
‘‘(a) TREATMENT OF ABSENCE FROM RESIDENCE 
DUE TO ACTIVE DUTY.—While a servicemember who is 
the mortgagor under an existing mortgage does not reside
246 
in the residence that secures the existing mortgage be-
cause of a relocation described in subsection (c)(1)(B), if 
the servicemember inquires about or applies for a covered 
refinancing mortgage, the servicemember shall be consid-
ered, for all purposes relating to the covered refinancing 
mortgage (including such inquiry or application and eligi-
bility for, and compliance with, any underwriting criteria 
and standards regarding such covered refinancing mort-
gage) to occupy the residence that secures the existing 
mortgage to be paid or prepaid by such covered refi-
nancing mortgage as the principal residence of the service-
member during the period of such relocation. 
‘‘(b) LIMITATION.—Subsection (a) shall not apply 
with respect to a servicemember who inquires about or ap-
plies for a covered refinancing mortgage if, during the 5- 
year period preceding the date of such inquiry or applica-
tion, the servicemember entered into a covered refinancing 
mortgage pursuant to this section. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) EXISTING MORTGAGE.—The term ‘existing 
mortgage’ means a mortgage that is secured by a 1- 
to 4-family residence, including a condominium or a 
share in a cooperative ownership housing associa-
tion, that was the principal residence of a service-
member for a period that—
247 
‘‘(A) had a duration of 13 consecutive 
months or longer; and 
‘‘(B) ended upon the relocation of the serv-
icemember caused by the servicemember receiv-
ing military orders for a permanent change of 
station or to deploy with a military unit, or as 
an individual in support of a military operation, 
for a period of not less than 18 months that did 
not allow the servicemember to continue to oc-
cupy such residence as a principal residence. 
‘‘(2) COVERED REFINANCING MORTGAGE.—The 
term ‘covered refinancing mortgage’ means any 
mortgage that— 
‘‘(A) is made for the purpose of paying or 
prepaying, and extinguishing, the outstanding 
obligations under an existing mortgage or mort-
gages; and 
‘‘(B) is secured by the same residence that 
secured such existing mortgage or mortgages.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by inserting after 
the item relating to section 303 the following new item: 
‘‘303A. Treatment of relocation of servicemembers for active duty for purposes 
of mortgage refinancing.’’.
248 
SEC. 566. SENSE OF CONGRESS REGARDING SUPPORT FOR 
YELLOW RIBBON DAY. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The hopes and prayers of the American peo-
ple for the safe return of members of the Armed 
Forces serving overseas are demonstrated through 
the proud display of yellow ribbons. 
(2) The designation of a ‘‘Yellow Ribbon Day’’ 
would serve as an additional reminder for all Ameri-
cans of the continued sacrifice of members of the 
Armed Forces. 
(3) Yellow Ribbon Day would also recognize the 
history and meaning of the Yellow Ribbon as the 
symbol of support for members of the Armed Forces 
and American civilians serving in combat or crisis 
situations overseas. 
(b) SENSE OF CONGRESS.—Congress supports the 
goals and ideals of Yellow Ribbon Day, observed on April 
9th each year, in honor of members of the Armed Forces 
and American civilians who are serving overseas in defense 
of the United States apart from their families and loved 
ones.
249 
Subtitle H—Improved Sexual As-
sault Prevention and Response 
in the Armed Forces 
SEC. 571. ESTABLISHMENT OF SPECIAL VICTIM TEAMS TO 
RESPOND 
TO 
ALLEGATIONS 
OF 
CHILD 
ABUSE, SERIOUS DOMESTIC VIOLENCE, OR 
SEXUAL OFFENSES. 
(a) ESTABLISHMENT REQUIRED.—The Secretary of 
each military department shall establish special victim 
teams for the purpose of— 
(1) investigating and prosecuting allegations of 
child abuse, serious domestic violence, or sexual of-
fenses; and 
(2) providing support for the victims of such of-
fenses. 
(b) PERSONNEL.—A special victim team shall be 
comprised of specially trained and selected— 
(1) investigators from the Defense Criminal In-
vestigative Service, Army Criminal Investigative 
Command, Naval Criminal Investigative Service, or 
Air Force Office of Special Investigations; 
(2) judge advocates; 
(3) victim witness assistance personnel; and 
(4) administrative paralegal support personnel.
250 
(c) TRAINING, SELECTION, AND
CERTIFICATION 
STANDARDS.—The Secretary of each military department 
shall prescribe standards for the training, selection, and 
certification of personnel for special victim teams estab-
lished by that Secretary. 
(d) TIME FOR ESTABLISHMENT.— 
(1) DISCRETION
REGARDING
NUMBER
OF 
TEAMS NEEDED.—The Secretary of a military de-
partment shall determine the total number of special 
victim teams to be established, and prescribe regula-
tions for their management and use, in order to pro-
vide effective, timely, and responsive world-wide sup-
port for the purposes described in subsection (a). 
Not later than 270 days after the date of the enact-
ment of this Act, each Secretary shall submit to the 
Committees on Armed Services of the Senate and 
the House of Representatives a plan and time line 
for the establishment of the special victim teams 
that the Secretary has determined are needed. 
(2) INITIAL TEAM.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary of each military department shall have avail-
able for use at least one special victim team. 
(e) EVALUATION
OF EFFECTIVENESS.—Not later 
than 180 days after the date of the enactment of this Act,
251 
the Secretary of Defense shall prescribe the common cri-
teria to be used by the Secretaries of the military depart-
ments to measure the effectiveness and impact of the spe-
cial victim teams from the investigative, prosecutorial, and 
victim’s perspectives, and require the Secretaries of the 
military departments to collect and report the data re-
quired by the Secretary of Defense. 
(f) SPECIAL VICTIM TEAM DEFINED.—In this sec-
tion, the term ‘‘special victim team’’ means a distinct, rec-
ognizable group of appropriately skilled professionals who 
work collaboratively to achieve the purposes described in 
subsection (a). This section does not require that a special 
victim team be created as separate military unit or have 
a separate chain of command. 
SEC. 572. ENHANCEMENT TO TRAINING AND EDUCATION 
FOR SEXUAL ASSAULT PREVENTION AND RE-
SPONSE. 
Section 585 of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1434) is amended by adding at the end the following new 
subsections: 
‘‘(d) COMMANDERS’ TRAINING.—The Secretary of 
Defense shall provide for the inclusion of a sexual assault 
prevention and response training module in the training 
for new or prospective commanders at all levels of com-
252 
mand. The training shall be tailored to the responsibilities 
and leadership requirements of members of the Armed 
Forces as they are assigned to command positions. Such 
training shall include the following: 
‘‘(1) Fostering a command climate that does 
not tolerate sexual assault. 
‘‘(2) Fostering a command climate in which 
persons assigned to the command are encouraged to 
intervene to prevent potential incidents of sexual as-
sault. 
‘‘(3) Fostering a command climate that encour-
ages victims of sexual assault to report any incident 
of sexual assault. 
‘‘(4) Understanding the needs of, and the re-
sources available to, the victim after an incident of 
sexual assault. 
‘‘(5) Use of military criminal investigative orga-
nizations for the investigation of alleged incidents of 
sexual assault. 
‘‘(6) Available disciplinary options, including 
court-martial, non-judicial punishment, administra-
tive action, and deferral of discipline for collateral 
misconduct, as appropriate. 
‘‘(e) EXPLANATION TO BE INCLUDED IN INITIAL 
ENTRY AND ACCESSION TRAINING.—
253 
‘‘(1) REQUIREMENT.—The Secretary of De-
fense shall require that the matters specified in 
paragraph (2) be carefully explained to each member 
of the Army, Navy, Air Force, and Marine Corps at 
the time of (or within fourteen duty days after)— 
‘‘(A) the member’s initial entrance on ac-
tive duty; or 
‘‘(B) the member’s initial entrance into a 
duty status with a reserve component. 
‘‘(2) MATTERS TO BE EXPLAINED.—This sub-
section applies with respect to the following: 
‘‘(A) Department of Defense policy with 
respect to sexual assault. 
‘‘(B) The resources available with respect 
to sexual assault reporting and prevention and 
the procedures to be followed by a member 
seeking to access those resources.’’. 
SEC. 573. ENHANCEMENT TO REQUIREMENTS FOR AVAIL-
ABILITY OF INFORMATION ON SEXUAL AS-
SAULT 
PREVENTION 
AND 
RESPONSE 
RE-
SOURCES. 
(a) REQUIRED POSTING OF INFORMATION ON SEX-
UAL
ASSAULT
PREVENTION
AND
RESPONSE
RE-
SOURCES.—
254 
(1) POSTING.—The Secretary of Defense shall 
require that there be prominently posted, in accord-
ance with paragraph (2), notice of the following in-
formation relating to sexual assault prevention and 
response, in a form designed to ensure visibility and 
understanding: 
(A) Resource information for members of 
the Armed Forces, military dependents, and ci-
vilian personnel of the Department of Defense 
with respect to prevention of sexual assault and 
reporting of incidents of sexual assault. 
(B) Contact information for personnel who 
are designated as Sexual Assault Response Co-
ordinators and Sexual Assault Victim Advo-
cates. 
(C) The Department of Defense ‘‘hotline’’ 
telephone number, referred to as the Safe 
Helpline, for reporting incidents of sexual as-
sault, or any successor operation. 
(2) POSTING PLACEMENT.—Posting under sub-
section (a) shall be at the following locations, to the 
extent practicable: 
(A) Any Department of Defense duty facil-
ity.
255 
(B) Any Department of Defense dining fa-
cility. 
(C) Any Department of Defense multi-unit 
residential facility. 
(D) Any Department of Defense health 
care facility. 
(E) Any Department of Defense com-
missary or exchange. 
(F) Any Department of Defense Commu-
nity Service Agency. 
(G) Any Department of Defense website. 
(b) NOTICE
TO VICTIMS
OF AVAILABLE ASSIST-
ANCE.—The Secretary of Defense shall require that proce-
dures in the Department of Defense for responding to a 
complaint or allegation of sexual assault submitted by or 
against a member of the Armed Forces include prompt 
notice to the person making the complaint or allegation 
of the forms of assistance available to that person from 
the Department of Defense and, to the extent known to 
the Secretary, through other departments and agencies, 
including State and local agencies, and other sources.
256 
SEC. 574. MODIFICATION OF ANNUAL DEPARTMENT OF DE-
FENSE REPORTING REQUIREMENTS REGARD-
ING SEXUAL ASSAULTS. 
(a) GREATER DETAIL IN CASE SYNOPSES PORTION 
OF REPORT.—Section 1631 of the Ike Skelton National 
Defense Authorization Act for Fiscal Year 2011 (Public 
Law 111–383; 124 Stat. 4433; 10 U.S.C. 1561 note) is 
amended by adding at the end the following new sub-
section: 
‘‘(f) ADDITIONAL DETAILS
FOR CASE SYNOPSES 
PORTION OF REPORT.—The Secretary of each military de-
partment shall include in the case synopses portion of each 
report described in subsection (b)(3) the following addi-
tional information: 
‘‘(1) If an Article 32 Investigating Officer rec-
ommends dismissal of the charges against a member 
of the Armed Forces accused of committing a sexual 
assault, the case synopsis shall explicitly state the 
reasons for that recommendation. 
‘‘(2) If the case synopsis states that a member 
of the Armed Forces accused of committing a sexual 
assault was administratively separated or, in the 
case of an officer, allowed to resign in lieu of facing 
a court martial, the case synopsis shall include the 
characterization (honorable, general, or other than
257 
honorable) given the service of the member upon 
separation. 
‘‘(3) The case synopsis shall indicate whether a 
member of the Armed Forces accused of committing 
a sexual assault was ever previously accused of a 
substantiated sexual assault. 
‘‘(4) The case synopsis shall indicate the branch 
of the Armed Forces of each member accused of 
committing a sexual assault and the branch of the 
Armed Forces of each member who is a victim of a 
sexual assault. 
‘‘(5) If the case disposition includes non-judicial 
punishment, the case synopsis shall explicitly state 
the nature of the punishment. 
‘‘(6) If alcohol was involved in any way in a 
substantiated sexual assault incident, the case syn-
opsis shall specify whether the member of the Armed 
Forces accused of committing the sexual assault had 
previously been ordered to attend substance abuse 
counseling.’’. 
(b) APPLICATIONS
FOR CERTAIN TRANSFERS
BY 
SEXUAL ASSAULT VICTIMS.—Subsection (b) of such sec-
tion is amended by adding at the end the following new 
paragraph:
258 
‘‘(7) The number of applications submitted 
under section 673 of title 10, United States Code, 
during the year covered by the report for a perma-
nent change of station or unit transfer for members 
of the Armed Forces on active duty who are the vic-
tim of a sexual assault or related offense, the num-
ber of applications denied, and, for each application 
denied, a description of the reasons why the applica-
tion was denied.’’. 
(c) APPLICATION OF AMENDMENTS.—The amend-
ments made by this section shall apply beginning with the 
report regarding sexual assaults involving members of the 
Armed Forces required to be submitted by March 1, 2013, 
under section 1631 of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011. 
SEC. 575. INCLUSION OF SEXUAL HARASSMENT INCIDENTS 
IN ANNUAL DEPARTMENT OF DEFENSE RE-
PORTS ON SEXUAL ASSAULTS. 
Effective with the report required to be submitted by 
March 1, 2013, under section 1631 of the Ike Skelton Na-
tional Defense Authorization Act for Fiscal Year 2011 
(Public Law 111–383; 124 Stat. 4433; 10 U.S.C. 1561 
note), the Secretary of each military department shall in-
clude in each annual report required by that section infor-
mation on sexual harassment involving members of the
259 
Armed Forces under the jurisdiction of that Secretary 
during the preceding year. For purposes of complying with 
this section, the Secretary of the military department con-
cerned shall apply subsection (b) of such section 1631 by 
substituting the term ‘‘sexual harassment’’ for ‘‘sexual as-
sault’’ each place it appears in paragraphs (1) through 
(4) of such subsection. 
SEC. 576. CONTINUED SUBMISSION OF PROGRESS REPORTS 
REGARDING CERTAIN INCIDENT INFORMA-
TION MANAGEMENT TOOLS. 
(a) REPORTS REQUIRED.—Not later than August 28, 
2012, and every six months thereafter until the date deter-
mined under subsection (b), the Secretary of Defense shall 
submit to the Committees on Armed Services of the Sen-
ate and the House of Representatives a report describing 
the progress made during the previous six months to en-
sure that both of the following are fully functional and 
operational: 
(1) The Defense Incident-Based Reporting Sys-
tem. 
(2) The Defense Sexual Assault Incident Data-
base. 
(b) DURATION OF REPORTING REQUIREMENT.—The 
reporting requirement imposed by subsection (a) shall con-
tinue until the date on which the Secretary of Defense
260 
certifies, in a report submitted under such subsection, 
that— 
(1) the Defense Incident-Based Reporting Sys-
tem and the Defense Sexual Assault Incident Data-
base are fully functional and operational throughout 
the Department of Defense; and 
(2) each of the military departments is using 
the Defense Incident-Based Reporting System or 
providing data for inclusion in the Defense Sexual 
Assault Incident Database. 
(c) REPEAL OF SUPERSEDED REPORTING REQUIRE-
MENT.—Section 598 of the National Defense Authoriza-
tion Act for Fiscal Year 2010 (Public Law 111–84; 123 
Stat. 2345; 10 U.S.C. 113 note) is repealed. 
SEC. 577. BRIEFINGS ON DEPARTMENT OF DEFENSE AC-
TIONS REGARDING SEXUAL ASSAULT PRE-
VENTION AND RESPONSE IN THE ARMED 
FORCES. 
Not later than October 31, 2012, and April 30, 2013, 
the Secretary of Defense (or the designee of the Secretary 
of Defense) shall provide to the Committees on Armed 
Services of the Senate and House of Representatives a 
briefing that outlines efforts by the Department of De-
fense to implement—
261 
(1) subtitle H of title V of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 
112–81; 125 Stat. 1430) and the amendments made 
by that subtitle; 
(2) the additional initiatives announced by the 
Secretary of Defense on April 17, 2012, to address 
sexual assault involving members of the Armed 
Forces; and 
(3) any other initiatives, policies, or programs 
being undertaken by the Secretary of Defense and 
the Secretaries of the military departments to ad-
dress sexual assault involving members of the Armed 
Forces. 
SEC. 578. ARMED FORCES WORKPLACE AND GENDER RELA-
TIONS SURVEYS. 
(a) ADDITIONAL
CONTENT
OF
SURVEYS.—Sub-
section (c) of section 481 of title 10, United States Code, 
is amended— 
(1) by striking ‘‘harassment and discrimina-
tion’’ and inserting ‘‘harassment, assault, and dis-
crimination’’; 
(2) by redesignating paragraphs (2) and (3) as 
paragraphs (3) and (4); respectively; 
(3) by inserting after paragraph (1) the fol-
lowing new paragraph (2):
262 
‘‘(2) The specific types of assault that have oc-
curred, and the number of times each respondent 
has been assaulted during the preceding year.’’; 
(4) in paragraph (4), as so redesignated, by 
striking ‘‘discrimination’’ and inserting ‘‘discrimina-
tion, harassment, and assault’’; and 
(5) by adding at the end the following new 
paragraph 
‘‘(5) Any other issues relating to discrimination, 
harassment, or assault as the Secretary of Defense 
considers appropriate.’’. 
(b) TIME FOR CONDUCTING OF SURVEYS.—Such sec-
tion is further amended— 
(1) in subsection (a)(1), by striking ‘‘four quad-
rennial surveys (each in a separate year)’’ and in-
serting ‘‘four surveys’’; and 
(2) by striking subsection (d) and inserting the 
following new subsection: 
‘‘(d) WHEN SURVEYS REQUIRED.—(1) One of the 
two Armed Forces Workplace and Gender Relations Sur-
veys shall be conducted in 2014 and then every second 
year thereafter and the other Armed Forces Workplace 
and Gender Relations Survey shall be conducted in 2015 
and then every second year thereafter, so that one of the 
two surveys is being conducted each year.
263 
‘‘(2) The two Armed Forces Workplace and Equal 
Opportunity Surveys shall be conducted at least once every 
four years. The two surveys may not be conducted in the 
same year.’’. 
SEC. 579. REQUIREMENT FOR COMMANDERS TO CONDUCT 
ANNUAL ORGANIZATIONAL CLIMATE ASSESS-
MENTS. 
(a) REQUIREMENT.—The Secretary of Defense shall 
require the commander of each covered unit to conduct 
an organizational climate assessment within 120 days 
after the commander assumes command and annually 
thereafter. 
(b) DEFINITIONS.—In this section: 
(1) COVERED UNIT.—The term ‘‘covered unit’’ 
means any organizational element of the Armed 
Forces (other than the Coast Guard) with more than 
50 members assigned, including any such element of 
a reserve component. 
(2) ORGANIZATIONAL CLIMATE ASSESSMENT.— 
The term ‘‘organizational climate assessment’’ 
means an assessment intended to obtain information 
about the positive and negative factors that may 
have an impact on unit effectiveness and readiness 
by measuring matters relating to human relations
264 
climate such as prevention and response to sexual 
assault and equal opportunity. 
SEC. 580. ADDITIONAL REQUIREMENTS FOR ORGANIZA-
TIONAL CLIMATE ASSESSMENTS. 
(a) ELEMENTS
OF ASSESSMENTS.—An organiza-
tional climate assessment shall include avenues for mem-
bers of the Armed Forces to express their views on how 
their leaders, including commanders, are responding to al-
legations of sexual assault and complaints of sexual har-
assment. The Secretary of Defense shall require the Office 
of Diversity Management and Equal Opportunity and the 
Sexual Assault Prevention and Response Office to ensure 
equal opportunity advisors and officers of the Sexual As-
sault Prevention and Response Office are available to con-
duct these assessments. 
(b) ENSURING COMPLIANCE.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall direct the Secretaries of the military depart-
ments to verify and track the compliance of com-
manding officers in conducting organizational cli-
mate assessments. 
(2) IMPLEMENTATION.—No later than 90 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the Committees on
265 
Armed Services of the Senate and House of Rep-
resentatives a report containing— 
(A) a description of the progress of the de-
velopment of the system that will verify and 
track the compliance of commanding officers in 
conducting organizational climate assessments; 
and 
(B) an estimate of when the system will be 
completed and implemented. 
(c) CONSULTATION.—In developing the sexual har-
assment and sexual assault portion of an organizational 
climate assessment, the Secretary of Defense shall consult 
with representatives of the following: 
(1) The Sexual Assault Prevention and Re-
sponse Office. 
(2) The Office of Diversity Management. 
(3) Appropriate non-Governmental organiza-
tions that have expertise in areas related to sexual 
harassment and sexual assault in the Armed Forces. 
(d) RELATION
TO OTHER REPORTING REQUIRE-
MENTS.—The reporting requirements of this section are 
in addition to, and an expansion of, the Armed Forces 
Workplace and Gender Relations Surveys required by sec-
tion 481 of title 10, United States Code.
266 
SEC. 581. REVIEW OF UNRESTRICTED REPORTS OF SEXUAL 
ASSAULT AND SUBSEQUENT SEPARATION OF 
MEMBERS MAKING SUCH REPORTS. 
(a) REVIEW REQUIRED.—The Secretary of Defense 
shall conduct a review of all unrestricted reports of sexual 
assault made by members of the Armed Forces since Octo-
ber 1, 2000, to determine the number of members who 
were subsequently separated from the Armed Forces and 
the circumstances of and grounds for such separation. 
(b) ELEMENTS OF REVIEW.—The review shall deter-
mine at a minimum the following: 
(1) For each member who made an unrestricted 
report of sexual assault and was subsequently sepa-
rated, the reason provided for the separation and 
whether the member requested an appeal. 
(2) For each member separated on the grounds 
of having a personality disorder, whether the separa-
tion was carried out in compliance with Department 
of Defense Instruction 1332.14. 
(3) For each member who requested an appeal, 
the basis and results of the appeal. 
(c) SUBMISSION OF RESULTS.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the Committees on 
Armed Services of the Senate and House of Representa-
tives a report containing the results of the review.
267 
SEC. 582. LIMITATION ON RELEASE FROM ACTIVE DUTY OR 
RECALL TO ACTIVE DUTY OF RESERVE COM-
PONENT MEMBERS WHO ARE VICTIMS OF 
SEXUAL ASSAULT WHILE ON ACTIVE DUTY. 
(a) IN GENERAL.—Chapter 1209 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 12323. Active duty for response to sexual assault 
‘‘(a) CONTINUATION ON ACTIVE DUTY.—In the case 
of a member of a reserve component who is the alleged 
victim of sexual assault committed while on active duty 
and who is expected to be released from active duty before 
the determination of whether the member was assaulted 
while in the line of duty, the Secretary concerned may, 
upon the request of the member, order the member to be 
retained on active duty until the line of duty determina-
tion, but not to exceed 180 days beyond the original expi-
ration of active duty date. A member eligible for continu-
ation on active duty under this subsection shall be in-
formed as soon as practicable after the alleged assault of 
the option to request continuation on active duty under 
this subsection. 
‘‘(b) RETURN TO ACTIVE DUTY.—In the case of a 
member of a reserve component not on active duty who 
is the alleged victim of a sexual assault that occurred while 
the member was on active duty and when the determina-
268 
tion whether the member was in the line of duty is not 
completed, the Secretary concerned may, upon the request 
of the member, order the member to active duty for such 
time as necessary to complete the line of duty determina-
tion, but not to exceed 180 days. 
‘‘(c) REGULATIONS.—The Secretaries of the military 
departments shall prescribe regulations to carry out this 
section, subject to guidelines prescribed by the Secretary 
of Defense. The guidelines of the Secretary of Defense 
shall provide that— 
‘‘(1) a request submitted by a member de-
scribed in subsection (a) or (b) to continue on active 
duty, or to be ordered to active duty, respectively, 
must be decided within 30 days from the date of the 
request; and 
‘‘(2) if the request is denied, the member may 
appeal to the first general officer or flag officer in 
the chain of command of the member, and in the 
case of such an appeal a decision on the appeal must 
be made within 15 days from the date of the ap-
peal.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended adding at 
the end the following new item: 
‘‘12323. Active duty for response to sexual assault.’’.
269 
SEC. 583. INCLUSION OF INFORMATION ON SUBSTAN-
TIATED REPORTS OF SEXUAL HARASSMENT 
IN MEMBER’S OFFICIAL SERVICE RECORD. 
(a) INCLUSION.—If a complaint of sexual harassment 
is made against a member of the Army, Navy, Air Force, 
or Marine Corps and the complaint is substantiated, a no-
tation to that effect shall be placed in the service record 
of the member, regardless of the member’s rank, for the 
purpose of— 
(1) reducing the likelihood that a member who 
has committed sexual harassment can commit the 
same offense multiple times without suffering the 
appropriate consequences; and 
(2) alerting commanders of the background of 
the members of their command, so the commanders 
have better awareness of its members, especially as 
members are transferred. 
(b) DEFINITION OF SUBSTANTIATED.—For purposes 
of implementing this section, the Secretary of Defense 
shall use the definition of substantiated developed for the 
annual report on sexual assaults involving members of the 
Armed Forces prepared under section 1631 of the Ike 
Skelton National Defense Authorization Act for Fiscal 
Year 2011 (Public Law 111–383; 124 Stat. 4433; 10 
U.S.C. 1561 note).
270 
SEC. 584. SENSE OF CONGRESS ON MILITARY SEXUAL 
TRAUMA. 
(a) FINDINGS.—Congress finds the following: 
(1) The Department of Defense conducted a 
survey of members of the Armed Forces serving on 
active duty that revealed that only 13.5 percent of 
such members reported incidents of sexual assault, 
which means that more than 19,000 incidents of 
sexual assault of members of the Armed Forces ac-
tually occurred in 2010 alone. 
(2) Despite attempts, the Department of De-
fense has failed to address the chronic under report-
ing of incidents of sexual assault and harassment, as 
by the Department’s own estimates, 86 percent of 
sexual assaults went unreported in 2010. 
(3) Sexual assault in the military is an ongoing 
problem leading many victims to seek help after sep-
aration from the Armed Forces from the Depart-
ment of Veterans Affairs. 
(4) About 1 in 5 women and 1 in 100 men seen 
in Veterans Health Administration respond ‘‘Yes’’ 
when screened for military sexual trauma. 
(5) Among users of healthcare provided by the 
Department of Veterans Affairs, medical record data 
indicates that diagnoses of post-traumatic stress dis-
order and other anxiety disorders, depression and
271 
other mood disorders, and substance use disorders 
are most frequently associated with military sexual 
trauma. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the Secretary of Veterans Affairs should ex-
pand efforts to raise awareness about military sexual 
trauma and the treatment and services that the De-
partment provides to victims; and 
(2) in light of the fact that the available data 
shows an overwhelming number of military sexual 
trauma claims go unreported within the Department 
of Defense, making it very difficult for veterans to 
show proof of the assault when filing claims with the 
Department of Veterans Affairs for post-traumatic 
stress disorder and other mental health conditions 
caused by military sexual trauma, the Secretary of 
Veterans Affairs should review the disability process 
to ensure that victims of military sexual trauma who 
file claims for service connection do not face unnec-
essary or overly burdensome requirements in order 
to claim disability benefits with the Department.
272 
SEC. 585. CORRECTION OF MILITARY RECORDS OF MEM-
BERS OF THE ARMED FORCES WHO EXPERI-
ENCE RETALIATORY PERSONNEL ACTIONS 
FOR MAKING A REPORT OF SEXUAL ASSAULT 
OR SEXUAL HARASSMENT. 
The Secretary of Defense shall conduct a general 
education campaign to notify members of the Armed 
Forces regarding the authorities available under chapter 
79 of title 10, United States Code, for the correction of 
military records when a member experiences any retalia-
tory personnel action for making a report of sexual assault 
or sexual harassment. 
SEC. 586. DEPARTMENT OF DEFENSE SEXUAL ASSAULT 
AND HARASSMENT OVERSIGHT AND ADVI-
SORY COUNCIL. 
(a) IN GENERAL.—Chapter 7 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 188. Sexual Assault and Harassment Oversight and 
Advisory Council 
‘‘(a) ESTABLISHMENT.—There is a Sexual Assault 
and Harassment Oversight and Advisory Council (in this 
section referred to as the ‘Council’). 
‘‘(b) MEMBERSHIP.—(1) The Council shall be com-
prised of individuals appointed by the Secretary of De-
fense who are experts and professionals in the fields of
273 
sexual assault and harassment, judicial proceedings involv-
ing sexual assault or harassment, or treatment for sexual 
assault or harassment. At a minimum, the Council shall 
include as members the following: 
‘‘(A) The Director of the Sexual Assault Pre-
vention and Response Office of the Department of 
Defense. 
‘‘(B) The Judge Advocates General of the 
Army, Navy, and Air Force. 
‘‘(C) A judge advocate from the Army, Navy, 
Air Force, and Marine Corps with experience in 
prosecuting sexual assault cases. 
‘‘(D) A Department of Justice representative 
with experience in prosecuting sexual assault cases. 
‘‘(E) An individual who has extensive experi-
ence in providing assistance to sexual assault vic-
tims. 
‘‘(F) An individual who has expertise the civil-
ian judicial system with respect to sexual assault. 
‘‘(2) Subject to paragraph (3), members shall be ap-
pointed for a term of two years. A member may serve after 
the end of the member’s term until the member’s suc-
cessor takes office. 
‘‘(3) If a vacancy occurs in the Council, the vacancy 
shall be filled in the same manner as the original appoint-
274 
ment. A member of the Council appointed to fill a vacancy 
occurring before the end of the term for which the mem-
ber’s predecessor was appointed shall only serve until the 
end of such term. 
‘‘(c) CHAIRMAN; MEETINGS.—(1) The Council shall 
elect a chair from among its members. 
‘‘(2) The Council shall meet not less often than once 
every year. 
‘‘(3) If a member of the Board fails to attend two 
successive Board meetings, except in a case in which an 
absence is approved in advance, for good cause, by the 
Board chairman, such failure shall be grounds for termi-
nation from membership on the Board. A person des-
ignated for membership on the Board shall be provided 
notice of the provisions of this paragraph at the time of 
such designation. 
‘‘(d) ADMINISTRATIVE PROVISIONS.—(1) Each mem-
ber of the Council who is not an officer or employee of 
the Federal Government shall be compensated at a rate 
equal to the daily equivalent of the annual rate of basic 
pay prescribed for Executive Schedule Level IV under sec-
tion 5315 of title 5, for each day (including travel time) 
during which such member is engaged in the performance 
of the duties of the Council. Members of the Council who 
are officers or employees of the United States shall serve
275 
without compensation in addition to that received for their 
services as officers or employees of the United States. 
‘‘(2) The members of the Council shall be allowed 
travel expenses, including per diem in lieu of subsistence, 
at rates authorized for employees of agencies under sub-
chapter I of chapter 57 of title 5, while away from their 
homes or regular places of business in the performance 
of services for the Council. 
‘‘(e) RESPONSIBILITIES.—The Council shall be re-
sponsible for providing oversight and advice to the Sec-
retary of Defense and the Secretaries of the military de-
partments on the activities and implementation of policies 
and programs developed by the Sexual Assault Prevention 
and Response Office, including any modifications to the 
Uniform Code of Military Justice, in response to sexual 
assault and harassment. 
‘‘(f) ANNUAL REPORT.—Not later than March 31 of 
each year, the Council shall submit to the Secretary of 
Defense and the congressional defense committees a re-
port that describes the activities of the Council during the 
preceding year and contains such recommendations as the 
Council considers appropriate to improve sexual assault 
prevention and treatment programs and policies of the De-
partment of Defense.’’.
276 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘188. Sexual Assault and Harassment Oversight and Advisory Council.’’. 
Subtitle I—Other Matters 
SEC. 590. INCLUSION OF FREELY ASSOCIATED STATES 
WITHIN SCOPE OF JUNIOR RESERVE OFFI-
CERS’ TRAINING CORPS PROGRAM. 
Section 2031(a) of title 10, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(3) If a secondary educational institution in the 
Federated States of Micronesia, the Republic of the Mar-
shall Islands, or the Republic of Palau otherwise meets 
the conditions imposed by subsection (b) on the establish-
ment and maintenance of units of the Junior Reserve Offi-
cers’ Training Corps, the Secretary of a military depart-
ment may establish and maintain a unit of the Junior Re-
serve Officers’ Training Corps at the secondary edu-
cational institution even though the secondary educational 
institution is not a United States secondary educational 
institution.’’. 
SEC. 591. PRESERVATION OF EDITORIAL INDEPENDENCE 
OF STARS AND STRIPES. 
To preserve the actual and perceived editorial and 
management independence of the Stars and Stripes news-
277 
paper, the Secretary of Defense shall extend the lease for 
the commercial office space in the District of Columbia 
currently occupied by the editorial and management oper-
ations of the Stars and Stripes newspaper until such time 
as the Secretary provides space and information tech-
nology and other support for such operations in a Govern-
ment-owned facility in the National Capital Region geo-
graphically remote from facilities of the Defense Media 
Activity at Fort Meade, Maryland. 
SEC. 592. SENSE OF CONGRESS REGARDING DESIGNATION 
OF BUGLE CALL COMMONLY KNOWN AS 
‘‘TAPS’’ 
AS 
NATIONAL 
SONG 
OF 
REMEM-
BRANCE. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The bugle call commonly known as ‘‘Taps’’ 
is known throughout the United States. 
(2) In July 1862, following the Seven Days 
Battles, Union General Daniel Butterfield and bu-
gler Oliver Willcox Norton created ‘‘Taps’’ at Berk-
ley Plantation, Virginia, as a way to signal the end 
of daily military activities. 
(3) ‘‘Taps’’ is now established by the uniformed 
services as the last call of the day and is sounded 
at the completion of a military funeral.
278 
(4) ‘‘Taps’’ has become the signature, solemn 
musical farewell for members of the uniformed serv-
ices and veterans who have faithfully served the 
United States during times of war and peace. 
(5) Over its 150 years of use, ‘‘Taps’’ has been 
woven into the historical fabric of the United States. 
(6) When sounded, ‘‘Taps’’ summons emotions 
of loss, pride, honor, and respect and encourages 
Americans to remember patriots who served the 
United States with honor and valor. 
(7) The 150th anniversary of the writing of 
‘‘Taps’’ will be observed with events culminating in 
June 2012 with a rededication of the Taps Monu-
ment at Berkley Plantation, Virginia. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the bugle call commonly known as ‘‘Taps’’ 
should be designated as the National Song of Remem-
brance. 
SEC. 593. RECOMMENDED CONDUCT DURING SOUNDING OF 
BUGLE CALL COMMONLY KNOWN AS ‘‘TAPS’’. 
(a) CONDUCT DURING SOUNDING
OF ‘‘TAPS’’.— 
Chapter 3 of title 36, United States Code, is amended by 
adding at the end the following new section:
279 
‘‘§ 306. Conduct during sounding of ‘Taps’ 
‘‘(a) DEFINITION.—In this section, the term ‘Taps’ 
refers to the bugle call consisting of 24 notes normally 
sounded on a bugle or trumpet without accompaniment 
or embellishment as the last call of the day on a military 
base, at the completion of a military funeral, or on other 
occasions as the solemn musical farewell to members of 
the uniform services and veterans. 
‘‘(b) CONDUCT DURING SOUNDING.— 
‘‘(1) IN GENERAL.—During a performance of 
Taps— 
‘‘(A) all present, except persons in uni-
form, should stand at attention with the right 
hand over the heart; 
‘‘(B) men not in uniform should remove 
their headdress with their right hand and hold 
the headdress at the left shoulder, the hand 
being over the heart; and 
‘‘(C) persons in uniform should stand at 
attention and give the military salute at the 
first note of Taps and maintain that position 
until the last note. 
‘‘(2) EXCEPTION.—Paragraph (1) shall not 
apply when Taps is sounded as the final bugle call 
of the day at a military base.
280 
‘‘(c) DEFINITION OF MILITARY BASE.—In this sec-
tion, the term ‘military base’ means a base, camp, post, 
station, yard, center, homeport facility for any ship, or 
other activity under the jurisdiction of the Department of 
Defense, including any leased facility, which is located 
within any of the several States, the District of Columbia, 
the Commonwealth of Puerto Rico, American Samoa, the 
Virgin Islands, the Commonwealth of the Northern Mar-
iana Islands, or Guam.’’. 
(b) CONFORMING AND CLERICAL AMENDMENTS.— 
(1) CHAPTER HEADING.—The heading of chap-
ter 3 of title 36, United States Code, is amended to 
read as follows: 
‘‘CHAPTER 3—NATIONAL ANTHEM, MOTTO, 
AND OTHER NATIONAL DESIGNATIONS’’. 
(2) TABLE OF CHAPTERS.—The item relating 
to chapter 3 in the table of chapters for such title 
is amended to read as follows: 
‘‘3. National Anthem, Motto, and Other National Designations .............
301’’. 
(3) TABLE OF SECTIONS.—The table of sections 
at the beginning of such chapter is amended by add-
ing at the end the following new item: 
‘‘306. Conduct during sounding of ‘Taps’.’’.
281 
SEC. 594. INSPECTION OF MILITARY CEMETERIES UNDER 
THE JURISDICTION OF DEPARTMENT OF DE-
FENSE. 
(a) DOD INSPECTOR GENERAL INSPECTION OF AR-
LINGTON NATIONAL CEMETERY
AND UNITED STATES 
SOLDIERS’ AND
AIRMEN’S
HOME
NATIONAL
CEME-
TERY.—Section 1(d) of Public Law 111–339; 124 Stat. 
3592) is amended— 
(1) in paragraph (1), by striking ‘‘The Sec-
retary’’ in the first sentence and inserting ‘‘Subject 
to paragraph (2), the Secretary’’; and 
(2) in paragraph (2), by adding at the end the 
following new sentence: ‘‘However, in the case of the 
report required to be submitted during 2013, the as-
sessment described in paragraph (1) shall be con-
ducted, and the report shall be prepared and sub-
mitted, by the Inspector General of the Department 
of Defense instead of the Secretary of the Army.’’. 
(b) TIME FOR SUBMISSION OF REPORT AND PLAN 
OF ACTION REGARDING INSPECTION OF CEMETERIES AT 
MILITARY INSTALLATIONS.—Section 592(d)(2) of the Na-
tional Defense Authorization Act for Fiscal Year 2012 
(Public Law 112–81; 125 Stat. 1443) is amended— 
(1) by striking ‘‘December 31, 2012’’ and in-
serting ‘‘June 29, 2013’’; and
282 
(2) by striking ‘‘April 1, 2013’’ and inserting 
‘‘October 1, 2013’’. 
SEC. 595. PILOT PROGRAM TO PROVIDE TRANSITIONAL AS-
SISTANCE TO MEMBERS OF THE ARMED 
FORCES WITH A FOCUS ON SCIENCE, TECH-
NOLOGY, ENGINEERING, AND MATHEMATICS. 
(a) PROGRAM AUTHORITY.—The Secretary of De-
fense may conduct one or more pilot programs to provide 
transitional assistance for members of the Armed Forces 
leaving active duty that focuses on assisting the members 
to transition into the fields of science, technology, engi-
neering, and mathematics to address the shortage of ex-
pertise within the Department of Defense in those fields. 
(b) COOPERATION WITH EDUCATIONAL INSTITU-
TIONS.—The Secretary of Defense may enter into an 
agreement with an institution of higher education to pro-
vide for the management and execution of a pilot program 
under this section. The institution of higher education 
must agree to allow the translation of military experience 
and training into course credit and provide for the transfer 
of previously received credit through local community col-
leges and other accredited institutions of higher education. 
(c) DURATION.—Any pilot program established under 
the authority of this section may not operate for more 
than three academic years.
283 
(d) REPORTING REQUIREMENT.—At the conclusion 
of a pilot program under this section, the Secretary of De-
fense shall submit to the congressional defense committee 
a report on the results of the pilot program, including the 
cost incurred to conduct the program, the number of par-
ticipants of the program, and the outcomes for the partici-
pants of the program. 
SEC. 596. SENSE OF CONGRESS REGARDING THE RECOV-
ERY OF THE REMAINS OF CERTAIN MEMBERS 
OF THE ARMED FORCES KILLED IN THUR-
STON ISLAND, ANTARCTICA. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) Commencing August 26, 1946, though late 
February 1947 the United States Navy Antarctic 
Developments Program Task Force 68, codenamed 
‘‘Operation Highjump’’ initiated and undertook the 
largest ever-to-this-date exploration of the Antarctic 
continent. 
(2) The primary mission of the Task Force 68 
organized by Rear Admiral Richard E. Byrd Jr. 
USN, (Ret) and led by Rear Admiral Richard H. 
Cruzen, USN, was to do the following: 
(A) Establish the Antarctic research base 
Little America IV.
284 
(B) In the defense of the United States of 
America from possible hostile aggression from 
abroad - to train personnel test equipment, de-
velop techniques for establishing, maintaining 
and utilizing air bases on ice, with applicability 
comparable to interior Greenland, where condi-
tions are similar to those of the Antarctic. 
(C) Map and photograph a full two-thirds 
of the Antarctic Continent during the classified, 
hazardous duty/volunteer-only operation involv-
ing 4700 sailors, 23 aircraft and 13 ships in-
cluding the first submarine the U.S.S. Sennet, 
and the aircraft carrier the U.S.S. Philippine 
Sea, brought to the edge of the ice pack to 
launch (6) Navy ski-equipped, rocket-assisted 
R4Ds. 
(D) Consolidate and extend United States 
sovereignty over the largest practicable area of 
the Antarctic continent. 
(E) Determine the feasibility of estab-
lishing, maintaining and utilizing bases in the 
Antarctic and investigating possible base sites. 
(3) While on a hazardous duty/all volunteer 
mission vital to the interests of National Security 
and while over the eastern Antarctica coastline
285 
known as the Phantom Coast, the PBM–5 Martin 
Mariner ‘‘Flying Boat’’ ‘‘George 1’’ entered a 
whiteout over Thurston Island. As the pilot at-
tempted to climb, the aircraft grazed the glacier’s 
ridgeline and exploded within 5 seconds instantly 
killing Ensign Maxwell Lopez, Navigator and Wen-
dell ‘‘Bud’’ Hendersin, Aviation Machinists Mate 1st 
Class while Frederick Williams, Aviation Radioman 
1st Class died several hours later. Six other crewmen 
survived including the Captain of the ‘‘George 1’s’’ 
seaplane tender U.S.S. Pine Island. 
(4) The bodies of the dead were protected from 
the desecration of Antarctic scavenging birds 
(Skuas) by the surviving crew wrapping the bodies 
and temporarily burying the men under the star-
board wing engine nacelle. 
(5) Rescue requirements of the ‘‘George-1’’ sur-
vivors forced the abandonment of their crewmates’ 
bodies. 
(6) Conditions prior to the departure of Task 
Force 68 precluded a return to the area to the re-
cover the bodies. 
(7) For nearly 60 years Navy promised the 
families that they would recover the men: ‘‘If the 
safety, logistical, and operational prerequisites allow
286 
a mission in the future, every effort will be made to 
bring our sailors home.’’. 
(8) The Joint POW/MIA Accounting Command 
twice offered to recover the bodies of this crew for 
Navy. 
(9) A 2004 NASA ground penetrating radar 
overflight commissioned by Navy relocated the crash 
site three miles from its crash position. 
(10) The Joint POW/MIA Accounting Com-
mand offered to underwrite the cost of an aerial 
ground penetrating radar (GPR) survey of the crash 
site area by NASA. 
(11) The Joint POW/MIA Accounting Com-
mand studied the recovery with the recognized recov-
ery authorities and national scientists and deter-
mined that the recovery is only ‘‘medium risk’’. 
(12) National Science Foundation and sci-
entists from the University of Texas, Austin, regu-
larly visit the island. 
(13) The crash site is classified as a ‘‘perishable 
site’’, meaning a glacier that will calve into the 
Bellingshausen Sea. 
(14) The National Science Foundation main-
tains a presence in area - of the Pine Island Glacier.
287 
(15) The National Science Foundation Director 
of Polar Operations will assist and provide assets for 
the recovery upon the request of Congress. 
(16) The United States Coast Guard is pres-
ently pursuing the recovery of 3 WWII air crewmen 
from similar circumstances in Greenland. 
(17) On Memorial Day, May 25, 2009, Presi-
dent Barack Obama declared: ‘‘* * * the support of 
our veterans is a sacred trust * * * we need to serve 
them as they have served us * * * that means bring-
ing home all our POWs and MIAs * * *’’. 
(18) The policies and laws of the United States 
of America require that our armed service personnel 
be repatriated. 
(19) The fullest possible accounting of United 
States fallen military personnel means repatriating 
living American POWs and MIAs, accounting for, 
identifying, and recovering the remains of military 
personnel who were killed in the line of duty, or pro-
viding convincing evidence as to why such a repatri-
ation, accounting, identification, or recovery is not 
possible. 
(20) It is the responsibility of the Federal Gov-
ernment to return to the United States for proper
288 
burial and respect all members of the Armed Forces 
killed in the line of duty who lie in lost graves. 
(b) SENSE OF CONGRESS.—In light of the findings 
under subsection (a), Congress— 
(1) reaffirms its support for the recovery and 
return to the United States, the remains and bodies 
of all members of the Armed Forces killed in the 
line of duty, and for the efforts by the Joint POW- 
MIA Accounting Command to recover the remains of 
members of the Armed Forces from all wars, con-
flicts and missions; 
(2) recognizes the courage and sacrifice of all 
members of the Armed Forces who participated in 
Operation Highjump and all missions vital to the 
national security of the United States of America; 
(3) acknowledges the dedicated research and ef-
forts by the US Geological Survey, the National 
Science Foundation, the Joint POW/MIA Account-
ing Command, the Fallen American Veterans Foun-
dation and all persons and organizations to identify, 
locate, and advocate for, from their temporary Ant-
arctic grave, the recovery of the well-preserved fro-
zen bodies of Ensign Maxwell Lopez, Naval Aviator, 
Frederick Williams, Aviation Machinist’s Mate 1ST
289 
Class, Wendell Hendersin, Aviation Radioman 1ST 
Class of the ‘‘George 1’’ explosion and crash; and 
(4) encourages the Department of Defense to 
review the facts, research and to pursue new efforts 
to undertake all feasible efforts to recover, identify, 
and return the well-preserved frozen bodies of the 
‘‘George 1’’ crew from Antarctica’s Thurston Island. 
SEC. 597. REPORT ON EFFECTS OF MULTIPLE DEPLOY-
MENTS. 
Not later than 180 days after the date of enactment 
of this Act, the Secretary of Defense shall submit to Con-
gress a report on the effects of multiple deployments on 
the well-being of military personnel and any recommended 
changes to health evaluations prior to redeployments. 
SEC. 598. ESTABLISHMENT OF CHAIN OF COMMAND FOR 
ARMY NATIONAL MILITARY CEMETERIES. 
(a) MILITARY CHAIN OF COMMAND REQUIRED.—The 
Secretary of the Army shall establish a chain of command 
for the Army National Military Cemeteries, to include a 
military commander of the Army National Military Ceme-
teries to replace the current civilian director upon the ter-
mination of the tenure of the director. 
(b) CONFORMING AMENDMENT.—Section 4724(a)(1) 
of title 10, United States Code, is amended by striking
290 
‘‘who shall meet’’ and inserting ‘‘who is a commissioned 
officer and meets’’. 
SEC. 599. MILITARY SALUTE DURING RECITATION OF 
PLEDGE OF ALLEGIANCE BY MEMBERS OF 
THE ARMED FORCES NOT IN UNIFORM AND 
BY VETERANS. 
Section 4 of title 4, United States Code, is amended 
by adding at the end the following new sentence: ‘‘Mem-
bers of the Armed Forces not in uniform and veterans may 
render the military salute in the manner provided for per-
sons in uniform.’’. 
TITLE VI—COMPENSATION AND 
OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
SEC. 601. FISCAL YEAR 2013 INCREASE IN MILITARY BASIC 
PAY. 
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The 
adjustment to become effective during fiscal year 2013 re-
quired by section 1009 of title 37, United States Code, 
in the rates of monthly basic pay authorized members of 
the uniformed services shall not be made. 
(b) INCREASE IN BASIC PAY.—Effective on January 
1, 2013, the rates of monthly basic pay for members of 
the uniformed services are increased by 1.7 percent.
291 
SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR TWO-MEM-
BER COUPLES WHEN ONE MEMBER IS ON SEA 
DUTY. 
(a) IN GENERAL.—Subparagraph (C) of section 
403(f)(2) of title 37, United States Code, is amended to 
read as follows: 
‘‘(C) Notwithstanding section 421 of this title, a 
member of a uniformed service in a pay grade below pay 
grade E–6 who is assigned to sea duty and is married 
to another member of a uniformed service is entitled to 
a basic allowance for housing subject to the limitations 
of subsection (e).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on January 1, 2013. 
SEC. 603. NO REDUCTION IN BASIC ALLOWANCE FOR HOUS-
ING FOR ARMY NATIONAL GUARD AND AIR 
NATIONAL GUARD MEMBERS WHO TRANSI-
TION BETWEEN ACTIVE DUTY AND FULL- 
TIME NATIONAL GUARD DUTY WITHOUT A 
BREAK IN ACTIVE SERVICE. 
Section 403(g) of title 37, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(6)(A) The rate of basic allowance for housing to 
be paid to a member of the Army National Guard of the 
United States or the Air National Guard of the United
292 
States shall not be reduced upon the transition of the 
member from active duty to full-time National Guard 
duty, or from full-time National Guard duty to active 
duty, when the transition occurs without a break in active 
service. 
‘‘(B) For the purposes of this paragraph, a break in 
active service occurs when one or more calendar days be-
tween active service periods do not qualify as active serv-
ice.’’. 
SEC. 604. MODIFICATION OF PROGRAM GUIDANCE RELAT-
ING TO THE AWARD OF POST-DEPLOYMENT/ 
MOBILIZATION RESPITE ABSENCE ADMINIS-
TRATIVE ABSENCE DAYS TO MEMBERS OF 
THE RESERVE COMPONENTS UNDER DOD IN-
STRUCTION 1327.06. 
Effective as of October 1, 2011, the changes made 
by the Secretary of Defense to the Program Guidance re-
lating to the award of Post-Deployment/Mobilization Res-
pite Absence administrative absence days to members of 
the reserve components under DOD Instruction 1327.06 
shall not apply to a member of a reserve component whose 
qualified mobilization (as described in such program guid-
ance) commenced before October 1, 2011, and continued 
on or after that date until the date the mobilization is 
terminated.
293 
SEC. 605. PAYMENT OF BENEFIT FOR NONPARTICIPATION 
OF ELIGIBLE MEMBERS IN POST-DEPLOY-
MENT/MOBILIZATION 
RESPITE 
ABSENCE 
PROGRAM DUE TO GOVERNMENT ERROR. 
(a) PAYMENT OF BENEFIT.— 
(1) IN
GENERAL.—Subject to subsection (e), 
the Secretary concerned shall, upon application 
therefor, make a payment to each individual de-
scribed in paragraph (2) of $200 for each day of 
nonparticipation of such individual in the Post-De-
ployment/Mobilization Respite Absence program as 
described in that paragraph. 
(2) COVERED INDIVIDUALS.—An individual de-
scribed in this paragraph is an individual who— 
(A) was eligible for participation as a 
member of the Armed Forces in the Post-De-
ployment/Mobilization Respite Absence pro-
gram; but 
(B) as determined by the Secretary con-
cerned pursuant to an application for the cor-
rection of the military records of such indi-
vidual pursuant to section 1552 of title 10, 
United States Code, did not participate in one 
or more days in the program for which the indi-
vidual was so eligible due to Government error. 
(b) DECEASED INDIVIDUALS.—
294 
(1) APPLICATIONS.—If an individual otherwise 
covered by subsection (a) is deceased, the application 
required by that subsection shall be made by the in-
dividual’s legal representative. 
(2) PAYMENT.—If an individual to whom pay-
ment would be made under subsection (a) is de-
ceased at time of payment, payment shall be made 
in the manner specified in section 1552(c)(2) of title 
10, United States Code. 
(c) PAYMENT
IN LIEU
OF ADMINISTRATIVE AB-
SENCE.—Payment under subsection (a) with respect to a 
day described in that subsection shall be in lieu of any 
entitlement of the individual concerned to a day of admin-
istrative absence for such day. 
(d) CONSTRUCTION.— 
(1) CONSTRUCTION
WITH
OTHER
PAY.—Any 
payment with respect to an individual under sub-
section (a) is in addition to any other pay provided 
by law. 
(2) CONSTRUCTION OF AUTHORITY.—It is the 
sense of Congress that— 
(A) the sole purpose of the authority in 
this section is to remedy administrative errors; 
and
295 
(B) the authority in this section is not in-
tended to establish any entitlement in connec-
tion with the Post-Deployment/Mobilization 
Respite Absence program. 
(e) PAYMENTS SUBJECT TO AVAILABILITY OF AP-
PROPRIATIONS.—No cash payment may be made under 
subsection (a) unless the funds to be used to make the 
payments are available pursuant to an appropriations Act 
enacted after the date of enactment of this Act. 
(f) FUNDING OFFSET.—The Secretary of Defense 
shall transfer $2,000,000 from the unobligated balances 
of the Pentagon Reservation Maintenance Revolving Fund 
established under section 2674(e) of title 10, United 
States Code, to the Miscellaneous Receipts Fund of the 
United States Treasury. 
(g) DEFINITIONS.—In this section, the terms ‘‘Post- 
Deployment/Mobilization Respite Absence program’’ and 
‘‘Secretary concerned’’ have the meaning given such terms 
in section 604(f) of the National Defense Authorization 
Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 
2350).
296 
Subtitle B—Bonuses and Special 
and Incentive Pays 
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 
SPECIAL PAY AUTHORITIES FOR RESERVE 
FORCES. 
The following sections of title 37, United States 
Code, are amended by striking ‘‘December 31, 2012’’ and 
inserting ‘‘December 31, 2013’’: 
(1) Section 308b(g), relating to Selected Re-
serve 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 Re-
serve enlistment bonus for persons without prior 
service. 
(5) Section 308h(e), relating to Ready Reserve 
enlistment and reenlistment bonus for persons with 
prior service. 
(6) Section 308i(f), relating to Selected Reserve 
enlistment and reenlistment bonus for persons with 
prior service.
297 
(7) Section 408a(e), relating to reimbursement 
of travel expenses for inactive-duty training outside 
of normal commuting distance. 
(8) Section 910(g), relating to income replace-
ment payments for reserve component members ex-
periencing extended and frequent mobilization for 
active duty service. 
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 
SPECIAL PAY AUTHORITIES FOR HEALTH 
CARE PROFESSIONALS. 
(a) TITLE 10 AUTHORITIES.—The following sections 
of title 10, United States Code, are amended by striking 
‘‘December 31, 2012’’ and inserting ‘‘December 31, 
2013’’: 
(1) Section 2130a(a)(1), relating to nurse offi-
cer candidate accession program. 
(2) Section 16302(d), relating to repayment of 
education loans for certain health professionals who 
serve in the Selected Reserve. 
(b) TITLE 37 AUTHORITIES.—The following sections 
of title 37, United States Code, are amended by striking 
‘‘December 31, 2012’’ and inserting ‘‘December 31, 
2013’’: 
(1) Section 302c–1(f), relating to accession and 
retention bonuses for psychologists.
298 
(2) Section 302d(a)(1), relating to accession 
bonus for registered nurses. 
(3) Section 302e(a)(1), relating to incentive 
special 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. 
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND 
BONUS AUTHORITIES FOR NUCLEAR OFFI-
CERS. 
The following sections of title 37, United States 
Code, are amended by striking ‘‘December 31, 2012’’ and 
inserting ‘‘December 31, 2013’’:
299 
(1) Section 312(f), relating to special pay for 
nuclear-qualified officers extending period of active 
service. 
(2) Section 312b(c), relating to nuclear career 
accession bonus. 
(3) Section 312c(d), relating to nuclear career 
annual incentive bonus. 
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELAT-
ING TO TITLE 37 CONSOLIDATED SPECIAL 
PAY, INCENTIVE PAY, AND BONUS AUTHORI-
TIES. 
The following sections of title 37, United States 
Code, are amended by striking ‘‘December 31, 2012’’ and 
inserting ‘‘December 31, 2013’’: 
(1) Section 331(h), relating to general bonus 
authority for enlisted members. 
(2) Section 332(g), relating to general bonus 
authority for officers. 
(3) Section 333(i), relating to special bonus and 
incentive pay authorities for nuclear officers. 
(4) Section 334(i), relating to special aviation 
incentive pay and bonus authorities for officers. 
(5) Section 335(k), relating to special bonus 
and incentive pay authorities for officers in health 
professions.
300 
(6) Section 351(h), relating to hazardous duty 
pay. 
(7) Section 352(g), relating to assignment pay 
or special duty pay. 
(8) Section 353(i), relating to skill incentive 
pay or proficiency bonus. 
(9) Section 355(h), relating to retention incen-
tives for members qualified in critical military skills 
or assigned to high priority units. 
SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELAT-
ING TO PAYMENT OF OTHER TITLE 37 BO-
NUSES AND SPECIAL PAYS. 
The following sections of title 37, United States 
Code, are amended by striking ‘‘December 31, 2012’’ and 
inserting ‘‘December 31, 2013’’: 
(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.
301 
(6) Section 326(g), relating to incentive bonus 
for conversion to military occupational specialty to 
ease personnel shortage. 
(7) Section 327(h), relating to incentive bonus 
for transfer between armed forces. 
(8) Section 330(f), relating to accession bonus 
for officer candidates. 
SEC. 616. INCREASE IN MAXIMUM AMOUNT OF OFFICER AF-
FILIATION BONUS FOR OFFICERS IN THE SE-
LECTED RESERVE. 
Section 308j(d) of title 37, United States Code, is 
amended by striking ‘‘$10,000’’ and inserting ‘‘$20,000’’. 
SEC. 617. INCREASE IN MAXIMUM AMOUNT OF INCENTIVE 
BONUS FOR RESERVE COMPONENT MEM-
BERS WHO CONVERT MILITARY OCCUPA-
TIONAL SPECIALTY TO EASE PERSONNEL 
SHORTAGES. 
Section 326(c)(1) of title 37, United States Code, is 
amended by striking ‘‘$4,000, in the case of a member 
of a regular component of the armed forces, and $2,000, 
in the case of a member of a reserve component of the 
armed forces.’’ and inserting ‘‘$4,000.’’.
302 
Subtitle C—Travel and Transpor-
tation Allowances Generally 
SEC. 621. TRAVEL AND TRANSPORTATION ALLOWANCES 
FOR NON-MEDICAL ATTENDANTS FOR MEM-
BERS RECEIVING CARE IN A RESIDENTIAL 
TREATMENT PROGRAM. 
(a) AUTHORIZED TRAVEL AND TRANSPORTATION.— 
Subsection (a) of section 481k of title 37, United States 
Code, is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘Under uniform 
regulations’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) Travel and transportation described in sub-
section (d) also may be provided for a qualified non-med-
ical attendant for a member of the uniformed services who 
is receiving care in a residential treatment program if the 
attending physician or other mental health professional 
and the commander or head of the military medical facility 
exercising control over the member determine that the 
presence and participation of such an attendant is essen-
tial to the treatment of the member.’’. 
(b) CONFORMING AMENDMENTS.—Such section is 
further amended— 
(1) in subsection (b)—
303 
(A) by striking ‘‘covered member’’ in the 
matter preceding paragraph (1) and inserting 
‘‘member’’; and 
(B) in paragraph (2), by striking ‘‘surgeon 
and the commander or head of the military 
medical facility’’ and inserting ‘‘surgeon (or 
mental health professional in the case of a 
member described in subsection (a)(2)) and the 
commander or head of the military medical fa-
cility exercising control over the member’’; and 
(2) in subsection (c), by striking ‘‘this section’’ 
in the matter preceding paragraph (1) and inserting 
‘‘subsection (a)(1)’’. 
Subtitle D—Benefits and Services 
for Members Being Separated or 
Recently Separated 
SEC. 631. EXTENSION OF AUTHORITY TO PROVIDE TWO 
YEARS OF COMMISSARY AND EXCHANGE 
BENEFITS AFTER SEPARATION. 
(a) EXTENSION OF AUTHORITY.—Section 1146 of 
title 10, United States Code, is amended— 
(1) in subsection (a), by striking ‘‘2012’’ and 
inserting ‘‘2018’’; and 
(2) in subsection (b), by striking ‘‘2012’’ and 
inserting ‘‘2018’’.
304 
(b) CORRECTION OF REFERENCE TO ADMINISTERING 
SECRETARY.—Such section is further amended— 
(1) in subsection (a), by striking ‘‘The Sec-
retary of Transportation’’ and inserting ‘‘The Sec-
retary concerned’’; and 
(2) in subsection (b), by striking ‘‘The Sec-
retary of Homeland Security’’ and inserting ‘‘The 
Secretary concerned’’. 
SEC. 632. TRANSITIONAL USE OF MILITARY FAMILY HOUS-
ING. 
(a) RESUMPTION
OF AUTHORITY
TO AUTHORIZE 
TRANSITIONAL USE.—Subsection (a) of section 1147 of 
title 10, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘October 1, 
1990, and ending on December 31, 2001’’ and in-
serting ‘‘October 1, 2012, and ending on December 
31, 2018’’; and 
(2) in paragraph (2), by striking ‘‘October 1, 
1994, and ending on December 31, 2001’’ and in-
serting ‘‘October 1, 2012, and ending on December 
31, 2018’’. 
(b) PROHIBITION ON PROVISION OF TRANSITIONAL 
BASIC ALLOWANCE FOR HOUSING.—Such section is fur-
ther amended by adding at the end the following new sub-
section:
305 
‘‘(c) NO TRANSITIONAL BASIC ALLOWANCE
FOR 
HOUSING.—Nothing in this section shall be construed to 
authorize the Secretary concerned to continue to provide 
for any period of time to an individual who is involuntary 
separated all or any portion of a basic allowance for hous-
ing to which the individual was entitled under section 403 
of title 37 immediately before being involuntarily sepa-
rated, even in cases in which the individual or members 
of the individual’s household continue to reside after the 
separation in a housing unit acquired or constructed under 
the alternative authority of subchapter IV of chapter 169 
of this title that is not owned or leased by the United 
States.’’. 
(c) CORRECTION OF REFERENCE TO ADMINISTERING 
SECRETARY.—Subsection (a)(2) of such section is further 
amended by striking ‘‘The Secretary of Transportation’’ 
and inserting ‘‘The Secretary concerned’’.
306 
Subtitle E—Commissary and Non-
appropriated Fund Instrumen-
tality Benefits and Operations 
SEC. 641. CHARITABLE ORGANIZATIONS ELIGIBLE FOR DO-
NATIONS OF UNUSABLE COMMISSARY STORE 
FOOD AND OTHER FOOD PREPARED FOR THE 
ARMED FORCES. 
Subparagraph (A) of section 2485(f) of title 10, 
United States Code, is amended to read as follows: 
‘‘(A) A food bank, food pantry, or soup kitchen 
(as those terms are defined in section 201A of the 
Emergency Food Assistance Act of 1983 (7 U.S.C. 
7501)).’’. 
SEC. 642. REPEAL OF CERTAIN RECORDKEEPING AND RE-
PORTING REQUIREMENTS APPLICABLE TO 
COMMISSARY AND EXCHANGE STORES OVER-
SEAS. 
(a) REPEAL.—Section 2489 of title 10, United States 
Code, is amended by striking subsections (b) and (c). 
(b) CONFORMING AMENDMENTS.—Such section is 
further amended— 
(1) by striking ‘‘GENERAL AUTHORITY.—(1)’’ 
and inserting ‘‘AUTHORITY TO ESTABLISH RESTRIC-
TIONS.—’’;
307 
(2) by striking ‘‘(2)’’ and inserting ‘‘(b) LIMI-
TATIONS ON USE OF AUTHORITY.—’’; and 
(3) by redesignating subparagraphs (A) and 
(B) as paragraphs (1) and (2), respectively. 
SEC. 643. TREATMENT OF FISHER HOUSE FOR THE FAMI-
LIES OF THE FALLEN AND MEDITATION PA-
VILION AT DOVER AIR FORCE BASE, DELA-
WARE, AS A FISHER HOUSE. 
(a) FISHER HOUSES
AND AUTHORIZED FISHER 
HOUSE RESIDENTS.—Subsection (a) of section 2493 of 
title 10, United States Code, is amended— 
(1) in paragraph (1)(B), by striking ‘‘by pa-
tients’’ and all that follows through ‘‘such patients;’’ 
and inserting ‘‘by authorized Fisher House resi-
dents;’’; 
(2) by redesignating paragraph (2) as para-
graph (3); 
(3) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) The term ‘Fisher House’ includes the 
Fisher House for the Families of the Fallen and 
Meditation Pavilion at Dover Air Force Base, Dela-
ware, so long as such facility is available for residen-
tial use on a temporary basis by authorized Fisher 
House residents.’’; and
308 
(4) by adding at the end the following new 
paragraph: 
‘‘(4) The term ‘authorized Fisher House resi-
dents’ means the following: 
‘‘(A) With respect to a Fisher House de-
scribed in paragraph (1) that is located in prox-
imity to a health care facility of the Army, the 
Air Force, or the Navy, the following persons: 
‘‘(i) Patients of that health care facil-
ity. 
‘‘(ii) Members of the families of such 
patients. 
‘‘(iii) Other persons providing the 
equivalent of familial support for such pa-
tients. 
‘‘(B) With respect to the Fisher House de-
scribed in paragraph (2), the following persons: 
‘‘(i) The primary next of kin of a 
member of the armed forces who dies while 
located or serving overseas. 
‘‘(ii) Other family members of the de-
ceased member who are eligible for trans-
portation under section 411f(e) of title 37. 
‘‘(iii) An escort of a family member 
described in clause (i) or (ii).’’.
309 
(b) CONFORMING AMENDMENTS.—Subsections (b), 
(e), (f), and (g) of such section are amended by striking 
‘‘health care’’ each place it appears. 
(c) REPEAL OF FISCAL YEAR 2012 FREESTANDING 
DESIGNATION.—Section 643 of the National Defense Au-
thorization Act for Fiscal Year 2012 (Public Law 112– 
81; 125 Stat. 1466) is repealed. 
SEC. 644. PURCHASE OF SUSTAINABLE PRODUCTS, LOCAL 
FOOD PRODUCTS, AND RECYCLABLE MATE-
RIALS FOR RESALE IN COMMISSARY AND EX-
CHANGE STORE SYSTEMS. 
(a) IMPROVED
PURCHASING
EFFORTS.—Section 
2481(c) of title 10, United States Code, is amended by 
adding at the end the following new paragraph: 
‘‘(3)(A) The governing body established pursuant to 
paragraph (2) shall endeavor to increase the purchase for 
resale at commissary stores and exchange stores of sus-
tainable products, local food products, and recyclable ma-
terials. 
‘‘(B) As part of its efforts under subparagraph (A), 
the governing body shall develop— 
‘‘(i) guidelines for the identification of fresh 
meat, poultry, seafood, and fish, fresh produce, and 
other products raised or produced through sustain-
able methods; and
310 
‘‘(ii) goals, applicable to all commissary stores 
and exchange stores world-wide, to maximize, to the 
maximum extent practical, the purchase of sustain-
able products, local food products, and recyclable 
materials by September 30, 2017.’’. 
(b) DEADLINE FOR ESTABLISHMENT AND GUIDE-
LINES.—The initial guidelines required by paragraph 
(3)(B)(i) of section 2481(c) of title 10, United States 
Code, as added by subsection (a), shall be issued not later 
than two years after the date of the enactment of this Act. 
Subtitle F—Disability, Retired Pay, 
and Survivor Benefits 
SEC. 651. REPEAL OF REQUIREMENT FOR PAYMENT OF 
SURVIVOR BENEFIT PLAN PREMIUMS WHEN 
PARTICIPANT WAIVES RETIRED PAY TO PRO-
VIDE A SURVIVOR ANNUITY UNDER FEDERAL 
EMPLOYEES RETIREMENT SYSTEM AND TER-
MINATING PAYMENT OF THE SURVIVOR BEN-
EFIT PLAN ANNUITY. 
(a) DEPOSITS NOT REQUIRED.—Section 1452(e) of 
title 10, United States Code, is amended— 
(1) in the subsection heading, by inserting 
‘‘AND FERS’’ after ‘‘CSRS’’; 
(2) by inserting ‘‘or chapter 84 of such title,’’ 
after ‘‘chapter 83 of title 5’’;
311 
(3) by inserting ‘‘or 8416(a)’’ after ‘‘8339(j)’’; 
and 
(4) by inserting ‘‘or 8442(a)’’ after ‘‘8341(b)’’. 
(b) CONFORMING AMENDMENTS.—Section 1450(d) 
of such title is amended— 
(1) by inserting ‘‘or chapter 84 of such title’’ 
after ‘‘chapter 83 of title 5’’; 
(2) by inserting ‘‘or 8416(a)’’ after ‘‘8339(j)’’; 
and 
(3) by inserting ‘‘or 8442(a)’’ after ‘‘8341(b)’’. 
(c) APPLICATION OF AMENDMENTS.—The amend-
ments made by this section shall apply with respect to any 
participant electing a annuity for survivors under chapter 
84 of title 5, United States Code, on or after the date 
of the enactment of this Act. 
Subtitle G—Other Matters 
SEC. 661. CONSISTENT DEFINITION OF DEPENDENT FOR 
PURPOSES OF APPLYING LIMITATIONS ON 
TERMS OF CONSUMER CREDIT EXTENDED TO 
CERTAIN MEMBERS OF THE ARMED FORCES 
AND THEIR DEPENDENTS. 
Paragraph (2) of section 987(i) of title 10, United 
States Code, is amended to read as follows: 
‘‘(2) DEPENDENT.—The term ‘dependent’, with 
respect to a covered member, means a person de-
312 
scribed in subparagraph (A), (D), (E), or (I) of sec-
tion 1072(2) of this title.’’. 
SEC. 662. LIMITATION ON REDUCTION IN NUMBER OF MILI-
TARY AND CIVILIAN PERSONNEL ASSIGNED 
TO DUTY WITH SERVICE REVIEW AGENCIES. 
Section 1559(a) of title 10, United States Code, is 
amended by striking ‘‘December 31, 2013’’ and inserting 
‘‘December 31, 2016’’. 
SEC. 663. EQUAL TREATMENT FOR MEMBERS OF COAST 
GUARD RESERVE CALLED TO ACTIVE DUTY 
UNDER TITLE 14, UNITED STATES CODE. 
(a) INCLUSION IN DEFINITION OF CONTINGENCY OP-
ERATION.—Section 101(a)(13)(B) of title 10, United 
States Code, is amended by inserting ‘‘section 712 of title 
14,’’ after ‘‘chapter 15 of this title,’’. 
(b) CREDIT OF SERVICE TOWARDS REDUCTION OF 
ELIGIBILITY AGE FOR RECEIPT OF RETIRED PAY FOR 
NON-REGULAR SERVICE.—Section 12731(f)(2)(B) of title 
10, United States Code, is amended by adding at the end 
the following new clause: 
‘‘(iv) Service on active duty described in this subpara-
graph is also service on active duty pursuant to a call or 
order to active duty authorized by the Secretary of Home-
land Security under section 712 of title 14 for purposes
313 
of emergency augmentation of the Regular Coast Guard 
forces.’’. 
(c) POST 9/11 EDUCATIONAL ASSISTANCE.—Section 
3301(1)(B) of title 38, United States Code, is amended 
by inserting ‘‘or section 712 of title 14’’ after ‘‘title 10’’. 
(d) RETROACTIVE APPLICATION OF AMENDMENTS.— 
(1) 
INCLUSION
OF
PRIOR
ORDERS.—The 
amendments made by this section shall apply to any 
call or order to active duty authorized by the Sec-
retary of Homeland Security under section 712 of 
title 14, United States Code, on or after April 19, 
2010. 
(2) CREDIT FOR PRIOR SERVICE.—The amend-
ments made by this section shall be deemed to have 
been enacted on April 19, 2010, for purposes of ap-
plying the amendments to the following provisions of 
law: 
(A) Section 5538 of title 5, United States 
Code, relating to nonreduction in pay. 
(B) Section 701 of title 10, United States 
Code, relating to the accumulation and reten-
tion of leave. 
(C) Section 12731 of title 10, United 
States Code, relating to age and service require-
314 
ments for receipt of retired pay for non-regular 
service. 
SEC. 664. MORTGAGE PROTECTION FOR MEMBERS OF THE 
ARMED FORCES, SURVIVING SPOUSES, AND 
CERTAIN VETERANS. 
(a) MORTGAGE PROTECTION.— 
(1) 
IN
GENERAL.—Section 
303 
of 
the 
Servicemembers Civil Relief Act (50 U.S.C. App. 
533) is amended to read as follows: 
‘‘SEC. 303. MORTGAGES AND TRUST DEEDS. 
‘‘(a) MORTGAGE AS SECURITY.—This section applies 
only to an obligation on real or personal property that is 
secured by a mortgage, trust deed, or other security in 
the nature of a mortgage and is owned by a covered indi-
vidual as follows: 
‘‘(1) With respect to an obligation on real or 
personal property owned by a servicemember, such 
obligation that originated before the period of the 
servicemember’s military service and for which the 
servicemember is still obligated. 
‘‘(2) With respect to an obligation on real prop-
erty owned by a servicemember serving in support of 
a contingency operation (as defined in section 
101(a)(13) of title 10, United States Code), such ob-
315 
ligation that originated at any time and for which 
the servicemember is still obligated. 
‘‘(3) With respect to an obligation on real prop-
erty owned by a veteran described in subsection 
(f)(1)(B), such obligation that originated at any 
time and for which the veteran is still obligated. 
‘‘(4) With respect to an obligation on real prop-
erty owned by a surviving spouse described in sub-
section (f)(1)(C), such obligation that originated at 
any time and for which the spouse is still obligated. 
‘‘(b) STAY OF PROCEEDINGS AND ADJUSTMENT OF 
OBLIGATION.—(1) In an action filed during a covered 
time period to enforce an obligation described in sub-
section (a), the court may after a hearing and on its own 
motion and shall upon application by a covered individual 
when the individual’s ability to comply with the obligation 
is materially affected by military service— 
‘‘(A) stay the proceedings for a period of time 
as justice and equity require, or 
‘‘(B) adjust the obligation to preserve the inter-
ests of all parties. 
‘‘(2) For purposes of applying paragraph (1) to a cov-
ered individual who is a surviving spouse of a servicemem-
ber described in subsection (f)(1)(C), the term ‘military 
service’ means the service of such servicemember.
316 
‘‘(c) SALE OR FORECLOSURE.— A sale, foreclosure, 
or seizure of property for a breach of an obligation de-
scribed in subsection (a) shall not be valid during a cov-
ered time period except— 
‘‘(1) upon a court order granted before such 
sale, foreclosure, or seizure with a return made and 
approved by the court; or 
‘‘(2) if made pursuant to an agreement as pro-
vided in section 107. 
‘‘(d) MISDEMEANOR.—A person who knowingly 
makes or causes to be made a sale, foreclosure, or seizure 
of property that is prohibited by subsection (c), or who 
knowingly attempts to do so, shall be fined as provided 
in title 18, United States Code, or imprisoned for not more 
than one year, or both. 
‘‘(e) PROOF OF SERVICE.—(1) A veteran described 
in subsection (f)(1)(B) shall provide documentation de-
scribed in paragraph (2) to relevant persons to prove the 
eligibility of the veteran to be covered under this section. 
‘‘(2) Documentation described in this paragraph is a 
rating decision or a letter from the Department of Vet-
erans Affairs that confirms that the veteran is totally dis-
abled because of one or more service-connected injuries or 
service-connected disability conditions. 
‘‘(f) DEFINITIONS.—In this section:
317 
‘‘(1) The term ‘covered individual’ means the 
following individuals: 
‘‘(A) A servicemember. 
‘‘(B) A veteran who was retired under 
chapter 61 of title 10, United States Code, and 
whom the Secretary of Veterans Affairs, at the 
time of such retirement, determines is a totally 
disabled veteran. 
‘‘(C) A surviving spouse of a servicemem-
ber who— 
‘‘(i) died while serving in support of a 
contingency operation if such spouse is the 
successor in interest to property covered 
under subsection (a); or 
‘‘(ii) died while in military service and 
whose death is service-connected if such 
spouse is the successor in interest to prop-
erty covered under subsection (a). 
‘‘(2) The term ‘covered time period’ means the 
following time periods: 
‘‘(A) With respect to a servicemember, 
during the period beginning on the date on 
which such servicemember begins military serv-
ice and ending on the date that is 12 months
318 
after the date on which such servicemember is 
discharged from such service. 
‘‘(B) With respect to a servicemember 
serving in support of a contingency operation, 
during the period beginning on the date of the 
military orders for such service and ending on 
the date that is 12 months after the date on 
which such servicemember redeploys from such 
contingency operation. 
‘‘(C) With respect to a veteran described in 
subsection (f)(1)(B), during the 12-month pe-
riod beginning on the date of the retirement of 
such veteran described in such subsection. 
‘‘(D) With respect to a surviving spouse of 
a 
servicemember 
described 
in 
subsection 
(f)(1)(C), during the 12-month period begin-
ning on the date of the death of the service-
member.’’. 
(2) CONFORMING
AMENDMENT.—Section 107 
of the Servicemembers Civil Relief Act (50 U.S.C. 
App. 517) is amended by adding at the end the fol-
lowing: 
‘‘(e) OTHER INDIVIDUALS.—For purposes of this sec-
tion, the term ‘servicemember’ includes any covered indi-
vidual under section 303(f)(1).’’.
319 
(3) REPEAL
OF
SUNSET.—Subsection (c) of 
section 2203 of the Housing and Economic Recovery 
Act of 2008 (Public Law 110–289; 50 U.S.C. App. 
533 note) is amended to read as follows: 
‘‘(c) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act.’’. 
(b) INCREASED CIVIL PENALTIES FOR MORTGAGE 
VIOLATIONS.—Paragraph (3) of section 801(b) of the 
Servicemembers Civil Relief Act (50 U.S.C. App. 
597(b)(3)) is amended to read as follows: 
‘‘(3) to vindicate the public interest, assess a 
civil penalty— 
‘‘(A) with respect to a violation of section 
303 regarding real property— 
‘‘(i) in an amount not exceeding 
$110,000 for a first violation; and 
‘‘(ii) in an amount not exceeding 
$220,000 for any subsequent violation; and 
‘‘(B) with respect to any other violation of 
this Act— 
‘‘(i) in an amount not exceeding 
$55,000 for a first violation; and 
‘‘(ii) in an amount not exceeding 
$110,000 for any subsequent violation.’’.
320 
(c) CREDIT DISCRIMINATION.—Section 108 of such 
Act (50 U.S.C. App. 518) is amended— 
(1) by striking ‘‘Application by’’ and inserting 
‘‘(a) Application by’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) In addition to the protections under subsection 
(a), an individual who is eligible, or who may likely become 
eligible, for any provision of this Act may not be denied 
or refused credit or be subject to any other action de-
scribed under paragraphs (1) through (6) of subsection 
(a) solely by reason of such eligibility.’’. 
(d) REQUIREMENTS
FOR LENDING INSTITUTIONS 
THAT ARE CREDITORS FOR OBLIGATIONS AND LIABIL-
ITIES COVERED BY THE SERVICEMEMBERS CIVIL RELIEF 
ACT.—Section 207 of the Servicemembers Civil Relief Act 
(50 U.S.C. App. 527) is amended— 
(1) by redesignating subsections (d) and (e) as 
subsections (e) and (f), respectively; and 
(2) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d) LENDING INSTITUTION REQUIREMENTS.— 
‘‘(1) COMPLIANCE OFFICERS.—Each lending in-
stitution subject to the requirements of this section 
shall designate an employee of the institution as a
321 
compliance officer who is responsible for ensuring 
the institution’s compliance with this section and for 
distributing information to servicemembers whose 
obligations and liabilities are covered by this section. 
‘‘(2) TOLL-FREE TELEPHONE NUMBER.—Dur-
ing any fiscal year, a lending institution subject to 
the requirements of this section that had annual as-
sets for the preceding fiscal year of $10,000,000,000 
or more shall maintain a toll-free telephone number 
and shall make such telephone number available on 
the primary Internet Web site of the institution.’’. 
SEC. 665. STUDY ON ISSUING IDENTIFICATION CARDS TO 
CERTAIN MEMBERS UPON DISCHARGE. 
(a) STUDY.—The Secretary of Defense shall conduct 
a study assessing the feasibility of issuing to a covered 
member an identification card that would— 
(1) provide such member with a convenient 
method of summarizing the DD–214 form or other 
official document from the official military personnel 
file of the member; and 
(2) not serve as proof of any benefits to which 
the member may be entitled to. 
(b) MATTERS
INCLUDED.—The study conducted 
under subsection (a) shall address the following:
322 
(1) The information to be included on the iden-
tification card. 
(2) Whether the Secretary should issue such 
card— 
(A) to each covered member; or 
(B) to a covered member upon request. 
(3) If the card were to be issued to each cov-
ered member, the estimated cost of such issuance. 
(4) If the card were to be issued upon the re-
quest of a covered member, whether the Secretary 
should charge such member a fee for such card, in-
cluding the amount of such fee. 
(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 conducted under subsection (a). 
(d) COVERED MEMBER.—In this section, the term 
‘‘covered member’’ means a member of the Armed Forces 
who— 
(1) is expected to be discharged— 
(A) after the completion of the service obli-
gation of the member; and 
(B) under conditions other than dishonor-
able;
323 
(2) is expected to be issued a DD Form 214 
Certificate of Release or Discharge from Active 
Duty; and 
(3) after such discharge, would not otherwise be 
issued an identification card by the Department of 
Defense or the Department of Veterans Affairs. 
TITLE VII—HEALTH CARE 
PROVISIONS 
Subtitle A—Improvements to 
Health Benefits 
SEC. 701. SENSE OF CONGRESS ON NONMONETARY CON-
TRIBUTIONS TO HEALTH CARE BENEFITS 
MADE BY CAREER MEMBERS OF THE ARMED 
FORCES AND THEIR FAMILIES. 
It is the sense of Congress that— 
(1) career members of the uniformed services 
and their families endure unique and extraordinary 
demands and make extraordinary sacrifices over the 
course of a 20- to 30-year career in protecting free-
dom for all Americans; and 
(2) those decades of sacrifice constitute a sig-
nificant pre-paid premium for health care during a 
career member’s retirement that is over and above 
what the member pays with money.
324 
SEC. 702. EXTENSION OF TRICARE STANDARD COVERAGE 
AND TRICARE DENTAL PROGRAM FOR MEM-
BERS OF THE SELECTED RESERVE WHO ARE 
INVOLUNTARILY SEPARATED. 
(a) TRICARE STANDARD
COVERAGE.—Section 
1076d(b) of title 10, United States Code, is amended— 
(1) by striking ‘‘Eligibility’’ and inserting ‘‘(1) 
Except as provided in paragraph (2), eligibility’’; 
and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) During the period beginning on the earlier of 
the date of the enactment of the National Defense Author-
ization Act for Fiscal Year 2013 or October 1, 2012, and 
ending December 31, 2018, eligibility for a member under 
this section who is involuntarily separated from the Se-
lected Reserve under other than adverse conditions, as 
characterized by the Secretary concerned, shall terminate 
180 days after the date on which the member is sepa-
rated.’’. 
(b) 
TRICARE 
DENTAL
COVERAGE.—Section 
1076a(a)(1) of such title is amended by adding at the end 
the following new sentence: ‘‘During the period beginning 
on the earlier of the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 2013 or Octo-
ber 1, 2012, and ending December 31, 2018, such plan
325 
shall provide that coverage for a member of the Selected 
Reserve who is involuntarily separated from the Selected 
Reserve under other than adverse conditions, as character-
ized by the Secretary concerned, shall not terminate ear-
lier than 180 days after the date on which the member 
is separated.’’. 
SEC. 703. MEDICAL AND DENTAL CARE CONTRACTS FOR 
CERTAIN 
MEMBERS 
OF 
THE 
NATIONAL 
GUARD. 
(a) STANDARDS.—The Secretary of Defense shall en-
sure that each individual who receives medical or dental 
care under a covered contract meets the standards of med-
ical and dental readiness of the Secretary upon the mobili-
zation of the individual. 
(b) COVERED CONTRACT DEFINED.—In this section, 
the term ‘‘covered contract’’ means a contract entered into 
by the National Guard of a State to provide medical or 
dental care to the members of such National Guard to en-
sure that the members meet applicable standards of med-
ical and dental readiness. 
SEC. 
704. 
CERTAIN 
TREATMENT 
OF 
AUTISM 
UNDER 
TRICARE. 
(a) IN GENERAL.—Section 1077 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new subsection:
326 
‘‘(g)(1) In providing health care under subsection (a) 
to a covered beneficiary described in paragraph (3)(A), the 
treatment of autism spectrum disorders shall include be-
havioral health treatment, including applied behavior anal-
ysis, when prescribed by a physician. 
‘‘(2) In carrying out this subsection, the Secretary 
shall ensure that— 
‘‘(A) except as provided by subparagraph (B), 
a person who is authorized to provide behavioral 
health treatment is licensed or certified by a State 
or accredited national certification board; and 
‘‘(B) if applied behavior analysis or other be-
havioral health treatment is provided by an employee 
or contractor of a person described in subparagraph 
(A), the employee or contractor shall meet minimum 
qualifications, training, and supervision require-
ments as set forth by the Secretary. 
‘‘(3)(A) A covered beneficiary described in this sub-
paragraph is a covered beneficiary who is a beneficiary by 
virtue of— 
‘‘(i) service in the armed forces (not including 
the Coast Guard); or 
‘‘(ii) being a dependent of a member of the 
armed forces (not including the Coast Guard).
327 
‘‘(B) Nothing in this subsection shall be construed 
as limiting or otherwise affecting the benefits otherwise 
provided under this chapter to a covered beneficiary who 
is a beneficiary by virtue of— 
‘‘(i) service in the Coast Guard, the Commis-
sioned Corp of the National Oceanic and Atmos-
pheric Administration, or the Commissioned Corp of 
the Public Health Service; or 
‘‘(ii) being a dependent of a member of a serv-
ice described in clause (i). 
‘‘(C) This subsection shall not apply to a medicare- 
eligible beneficiary (as defined in section 1111(b) of this 
title). 
‘‘(D) Except as provided in subparagraph (C), noth-
ing in this subsection shall be construed as limiting or oth-
erwise affecting the benefits provided to a medicare-eligi-
ble beneficiary under— 
‘‘(i) this chapter; 
‘‘(ii) part A of title XVIII of the Social Security 
Act (42 U.S.C. 1395c et seq.); or 
‘‘(iii) any other law.’’. 
(b) FUNDING.— 
(1) INCREASE.—Notwithstanding the amounts 
set forth in the funding tables in division D, the 
amount authorized to be appropriated in section
328 
1406 for the Defense Health Program, as specified 
in the corresponding funding table in section 4501, 
for Private Sector Care is hereby increased by 
$30,000,000. 
(2) OFFSET.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount 
authorized to be appropriated in section 4201 for 
Research, Development, Test and Evaluation, Army, 
as specified in the corresponding funding table in di-
vision D, is hereby reduced by $30,000,000, to be 
derived as follows: 
(A) $21,000,000 from the Aerostat Joint 
Project Office. 
(B) $9,000,000 from Endurance UAVs. 
SEC. 705. MENTAL HEALTH ASSESSMENTS FOR MEMBERS 
OF THE ARMED FORCES. 
(a) IN GENERAL.—Section 1074m of title 10, United 
States Code, is amended— 
(1) in subsection (a)(1)— 
(A) by redesignating subparagraph (B) 
and (C) as subparagraph (C) and (D), respec-
tively; and 
(B) by inserting after subparagraph (A) 
the following:
329 
‘‘(B) Once during each 180-day period during 
which a member is deployed.’’; and 
(2) in subsection (c)(1)(A)— 
(A) in clause (i), by striking ‘‘; and’’ and 
inserting a semicolon; 
(B) by redesignating clause (ii) as clause 
(iii); and 
(C) by inserting after clause (i) the fol-
lowing: 
‘‘(ii) by personnel in deployed units whose 
responsibilities include providing unit health 
care services if such personnel are available and 
the use of such personnel for the assessments 
would not impair the capacity of such personnel 
to perform higher priority tasks; and’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
1074m(a)(2) of title 10, United States Code, is amended 
by striking ‘‘subparagraph (B) and (C)’’ and inserting 
‘‘subparagraph (C) and (D)’’. 
Subtitle B—Health Care 
Administration 
SEC. 711. UNIFIED MEDICAL COMMAND. 
(a) UNIFIED COMBATANT COMMAND.—
330 
(1) IN GENERAL.—Chapter 6 of title 10, United 
States Code, is amended by inserting after section 
167a the following new section: 
‘‘§ 167b. Unified combatant command for medical op-
erations 
‘‘(a) ESTABLISHMENT.—With the advice and assist-
ance of the Chairman of the Joint Chiefs of Staff, the 
President, through the Secretary of Defense, shall estab-
lish under section 161 of this title a unified command for 
medical operations (in this section referred to as the ‘uni-
fied medical command’). The principal function of the 
command is to provide medical services to the armed 
forces and other health care beneficiaries of the Depart-
ment of Defense as defined in chapter 55 of this title. 
‘‘(b) ASSIGNMENT OF FORCES.—In establishing the 
unified medical command under subsection (a), all active 
military medical treatment facilities, training organiza-
tions, and research entities of the armed forces shall be 
assigned to such unified command, unless otherwise di-
rected by the Secretary of Defense. 
‘‘(c) GRADE OF COMMANDER.—The commander of 
the unified medical command shall hold the grade of gen-
eral or, in the case of an officer of the Navy, admiral while 
serving in that position, without vacating his permanent 
grade. The commander of such command shall be ap-
331 
pointed to that grade by the President, by and with the 
advice and consent of the Senate, for service in that posi-
tion. The commander of such command shall be a member 
of a health profession described in paragraph (1), (2), (3), 
(4), (5), or (6) of section 335(j) of title 37. During the 
five-year period beginning on the date on which the Sec-
retary establishes the command under subsection (a), the 
commander of such command shall be exempt from the 
requirements of section 164(a)(1) of this title. 
‘‘(d) SUBORDINATE COMMANDS.—(1) The unified 
medical command shall have the following subordinate 
commands: 
‘‘(A) A command that includes all fixed military 
medical treatment facilities, including elements of 
the Department of Defense that are combined, oper-
ated jointly, or otherwise operated in such a manner 
that a medical facility of the Department of Defense 
is operating in or with a medical facility of another 
department or agency of the United States. 
‘‘(B) A command that includes all medical 
training, education, and research and development 
activities that have previously been unified or com-
bined, including organizations that have been des-
ignated as a Department of Defense executive agent.
332 
‘‘(C) The Defense Health Agency established 
under subsection (f). 
‘‘(2) The commander of a subordinate command of 
the unified medical command shall hold the grade of lieu-
tenant general or, in the case of an officer of the Navy, 
vice admiral while serving in that position, without 
vacating his permanent grade. The commander of such a 
subordinate command shall be appointed to that grade by 
the President, by and with the advice and consent of the 
Senate, for service in that position. The commander of 
such a subordinate command shall also be required to be 
a surgeon general of one of the military departments. 
‘‘(e) AUTHORITY OF COMBATANT COMMANDER.—(1) 
In addition to the authority prescribed in section 164(c) 
of this title, the commander of the unified medical com-
mand shall be responsible for, and shall have the authority 
to conduct, all affairs of such command relating to medical 
operations activities. 
‘‘(2) The commander of such command shall be re-
sponsible for, and shall have the authority to conduct, the 
following functions relating to medical operations activities 
(whether or not relating to the unified medical command): 
‘‘(A) Developing programs and doctrine. 
‘‘(B) Preparing and submitting to the Secretary 
of Defense program recommendations and budget
333 
proposals for the forces described in subsection (b) 
and for other forces assigned to the unified medical 
command. 
‘‘(C) Exercising authority, direction, and con-
trol over the expenditure of funds— 
‘‘(i) for forces assigned to the unified med-
ical command; 
‘‘(ii) for the forces described in subsection 
(b) assigned to unified combatant commands 
other than the unified medical command to the 
extent directed by the Secretary of Defense; 
and 
‘‘(iii) for military construction funds of the 
Defense Health Program. 
‘‘(D) Training assigned forces. 
‘‘(E) Conducting specialized courses of instruc-
tion for commissioned and noncommissioned officers. 
‘‘(F) Validating requirements. 
‘‘(G) Establishing priorities for requirements. 
‘‘(H) Ensuring the interoperability of equip-
ment and forces. 
‘‘(I) Monitoring the promotions, assignments, 
retention, training, and professional military edu-
cation of medical officers described in paragraph (1), 
(2), (3), (4), (5), or (6) of section 335(j) of title 37.
334 
‘‘(3) The commander of such command shall be re-
sponsible for the Defense Health Program, including the 
Defense Health Program Account established under sec-
tion 1100 of this title. 
‘‘(f) DEFENSE HEALTH AGENCY.—(1) In estab-
lishing the unified medical command under subsection (a), 
the Secretary shall also establish under section 191 of this 
title a defense agency for health care (in this section re-
ferred to as the ‘Defense Health Agency’), and shall trans-
fer to such agency the organization of the Department of 
Defense referred to as the TRICARE Management Activ-
ity and all functions of the TRICARE Program (as de-
fined in section 1072(7)). 
‘‘(2) The director of the Defense Health Agency shall 
hold the rank of lieutenant general or, in the case of an 
officer of the Navy, vice admiral while serving in that posi-
tion, without vacating his permanent grade. The director 
of such agency shall be appointed to that grade by the 
President, by and with the advice and consent of the Sen-
ate, for service in that position. The director of such agen-
cy shall be a member of a health profession described in 
paragraph (1), (2), (3), (4), (5), or (6) of section 335(j) 
of title 37. 
‘‘(g) REGULATIONS.—In establishing the unified 
medical command under subsection (a), the Secretary of
335 
Defense shall prescribe regulations for the activities of the 
unified medical command.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 167a 
the following new item: 
‘‘167b. Unified combatant command for medical operations.’’. 
(b) PLAN, NOTIFICATION, AND REPORT.— 
(1) PLAN.—Not later than July 1, 2013, the 
Secretary of Defense shall submit to the congres-
sional defense committees a comprehensive plan to 
establish the unified medical command authorized 
under section 167b of title 10, United States Code, 
as added by subsection (a), including any legislative 
actions the Secretary considers necessary to imple-
ment the plan. 
(2) NOTIFICATION.—The Secretary shall sub-
mit to the congressional defense committees written 
notification of the time line of the Secretary to es-
tablish the unified medical command under such sec-
tion 167b by not later than the date that is 30 days 
before establishing such command. 
(3) REPORT.—Not later than 180 days after 
submitting the notification under paragraph (2), the 
Secretary shall submit to the congressional defense 
committees a report on—
336 
(A) the establishment of the unified med-
ical command; and 
(B) the establishment of the Defense 
Health Agency under subsection (f) of such sec-
tion 167b. 
SEC. 712. AUTHORITY FOR AUTOMATIC ENROLLMENT IN 
TRICARE PRIME OF DEPENDENTS OF MEM-
BERS IN PAY GRADES ABOVE PAY GRADE E– 
4. 
Subsection (a) of section 1097a of title 10, United 
States Code, is amended to read as follows: 
‘‘(a) AUTOMATIC ENROLLMENT
OF CERTAIN DE-
PENDENTS.—(1) In the case of a dependent of a member 
of the uniformed services who is entitled to medical and 
dental care under section 1076(a)(2)(A) of this title and 
resides in an area in which TRICARE Prime is offered, 
the Secretary— 
‘‘(A) shall automatically enroll the dependent in 
TRICARE Prime if the member is in pay grade E– 
4 or below; and 
‘‘(B) may automatically enroll the dependent in 
TRICARE Prime if the member is in pay grade E– 
5 or higher. 
‘‘(2) Whenever a dependent of a member is enrolled 
in TRICARE Prime under paragraph (1), the Secretary