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perience in, policy matters relevant to national secu-
rity and reserve component matters required to 
carry out the duties of chairman. 
‘‘(2) Two reserve general officers designated by 
the Secretary of Defense upon the recommendation 
of the Secretary of the Army, one of whom shall be 
a member of the Army National Guard of the 
United States and one of whom shall be a member 
of the Army Reserve. 
‘‘(3) Two reserve officers designated by the Sec-
retary of Defense upon the recommendation of the 
Secretary of the Navy, one of whom shall be a Navy 
Reserve flag officer and one of whom shall be a Ma-
rine Corps Reserve general officer. 
‘‘(4) Two reserve general officers designated by 
the Secretary of Defense upon the recommendation 
of the Secretary of the Air Force, one of whom shall 
be a member of the Air National Guard of the 
United States and one of whom shall be a member 
of the Air Force Reserve. 
‘‘(5) One Coast Guard flag officer designated 
by the Secretary of Homeland Security when the 
Coast Guard is not operating as a service within the 
Department of the Navy, or designated by the Sec-
retary of Defense, upon the recommendation of the
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•HR 5136 EH1S 
Secretary of the Navy, when the Coast Guard is op-
erating as a service in the Navy under section 3 of 
title 14. 
‘‘(6) Ten persons appointed or designated by 
the Secretary of Defense, each of whom shall be a 
United States citizen and have significant knowledge 
of and experience in policy matters relevant to na-
tional security and reserve component matters and 
shall be one of the following: 
‘‘(A) An individual not employed in any 
Federal or State department or agency. 
‘‘(B) An individual employed by a Federal 
or State department or agency. 
‘‘(C) An officer of a regular component on 
active duty, or an officer of a reserve compo-
nent in an active status, who has served or is 
serving in a senior position on the Joint Staff, 
a combatant command headquarters staff, or a 
service headquarters staff. 
‘‘(7) A reserve officer of the Army, Navy, Air 
Force, or Marine Corps who is a general or flag offi-
cer recommended by the chairman and designated by 
the Secretary of Defense, who shall serve without 
vote— 
‘‘(A) as military adviser to the chairman;
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•HR 5136 EH1S 
‘‘(B) as military executive officer of the 
Board; and 
‘‘(C) as supervisor of the Board operations 
and staff. 
‘‘(8) A senior enlisted member of a reserve com-
ponent recommended by the chairman and appointed 
by the Secretary of Defense, who shall serve without 
vote as enlisted military adviser to the chairman. 
‘‘(c) INDEPENDENT ADVICE.—In the case of a mem-
ber of the Board who is an officer or employee of the De-
partment of Defense or a member of the armed forces, 
the advice provided in that member’s capacity as a mem-
ber of the Board shall be rendered independently of the 
Board member’s other duties as an officer or employee 
of the Department of Defense or member of the armed 
forces. 
‘‘(d) MATTERS TO BE ACTED ON.—The Board shall 
act on those matters referred to it by the chairman and 
on any matter raised by a member of the Board. 
‘‘(e) STAFF.—The Board shall be supported by a 
staff consisting of one full-time officer from each of the 
reserve components listed in paragraphs (1) through (6) 
of section 10101 of this title who holds the grade of colo-
nel, or in the case of the Navy the grade of captain, or 
who has been selected for promotion to that grade. These
169 
•HR 5136 EH1S 
officers shall also serve as liaisons between their respective 
components and the Board. They shall perform their staff 
and liaison duties under the supervision of the military 
executive in an independent manner reflecting the inde-
pendent nature of the Board. 
‘‘(f) RELATIONSHIP TO SERVICE RESERVE POLICY 
COMMITTEES AND BOARDS.—This section does not affect 
the committees and boards prescribed within the military 
departments by sections 10302 through 10305 of this 
title, and a member of such a committee or board may, 
if otherwise eligible, be a member of the Board.’’. 
(b) BOARD MEMBERSHIP TRANSITION PROVISION.— 
The members of the Reserve Forces Policy Board as of 
the date of the enactment of this Act shall continue to 
serve on the Board in accordance with their respective 
terms of service as of such date, and except to ensure that 
the positions of chairman and military executive of the 
Board continue to be filled, and to ensure that the reserve 
components listed in paragraphs (1) through (7) of section 
10101 of title 10, United States Code, continue to have 
representation, no appointment or designation of a mem-
ber of the Board may be made after such date until the 
number of voting members of the Board is fewer than 18. 
Once the number of voting members is fewer than 18, va-
cancies in the Board membership shall be filled in accord-
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•HR 5136 EH1S 
ance with section 10301 of title 10, United States Code, 
as amended by subsection (a). 
(c) REVISION TO ANNUAL REPORT REQUIREMENT.— 
Section 113(c)(2) of title 10, United States Code, is 
amended by striking ‘‘the reserve programs of the Depart-
ment of Defense and on any other matters’’ and inserting 
‘‘any reserve component matter’’. 
SEC. 517. MERIT SYSTEMS PROTECTION BOARD AND JUDI-
CIAL 
REMEDIES 
FOR 
NATIONAL 
GUARD 
TECHNICIANS. 
(a) ELIMINATION OF RESTRICTED RIGHT OF AP-
PEAL.— 
(1) CURRENT RESTRICTION TO ADJUTANT GEN-
ERAL.—Subsection (f) of section 709 of title 32, 
United States Code, is amended by striking para-
graph (4). 
(2) STYLISTIC
AND
CONFORMING
AMEND-
MENTS.—Such subsection is further amended— 
(A) by striking the material preceding 
paragraph (1); 
(B) by capitalizing the first word in para-
graphs (1), (2), (3), and (5); 
(C) by striking the semicolon at the end of 
paragraphs (1), (2), and (3) and inserting a pe-
riod;
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•HR 5136 EH1S 
(D) by redesignating paragraph (5) as 
paragraph (4); and 
(E) by adding at the end the following new 
paragraph: 
‘‘(5) This subsection shall be carried out under 
regulations prescribed by the Secretary concerned.’’. 
(b) APPLICATION
OF CERTAIN TITLE 5 PROVI-
SIONS.—Section 709(g) of title 32, United States Code, 
is amended by striking ‘‘Sections 2108, 3502, 7511, and 
7512’’ and inserting ‘‘Section 2108’’. 
(c) APPLICATION
OF
ADVERSE
ACTIONS
SUB-
CHAPTER.—Section 7511(b) of title 5, United States 
Code, is amended— 
(1) by striking paragraph (5); and 
(2) by redesignating paragraphs (6) through 
(10) as paragraphs (5) through (9), respectively. 
Subtitle C—Joint Qualified Officers 
and Requirements 
SEC. 521. TECHNICAL REVISIONS TO DEFINITION OF JOINT 
MATTERS FOR PURPOSES OF JOINT OFFICER 
MANAGEMENT. 
Section 668(a) of title 10, United States Code, is 
amended— 
(1) in paragraph (1)—
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•HR 5136 EH1S 
(A) by striking ‘‘multiple’’ in the matter 
preceding subparagraph (A) and inserting ‘‘in-
tegrated’’; and 
(B) by striking ‘‘and’’ at the end of the 
subparagraph (D) and inserting ‘‘or’’; and 
(2) by striking paragraph (2) and inserting the 
following new paragraph: 
‘‘(2) In the context of joint matters, the term ‘inte-
grated military forces’ refers to military forces that are 
involved in the planning or execution (or both) of oper-
ations involving participants from— 
‘‘(A) more than one military department; or 
‘‘(B) a military department and one or more of 
the following: 
‘‘(i) Other departments and agencies of the 
United States. 
‘‘(ii) The military forces or agencies of 
other countries. 
‘‘(iii) Non-governmental persons or enti-
ties.’’.
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•HR 5136 EH1S 
SEC. 522. CHANGES TO PROCESS INVOLVING PROMOTION 
BOARDS FOR JOINT QUALIFIED OFFICERS 
AND OFFICERS WITH JOINT STAFF EXPERI-
ENCE. 
(a) BOARD COMPOSITION.—Subsection (c) of section 
612 of title 10, United States Code, is amended to read 
as follows: 
‘‘(c)(1) Each selection board convened under section 
611(a) of this title that will consider an officer described 
in paragraph (2) shall include at least one officer des-
ignated by the Chairman of the Joint Chiefs of Staff who 
is a joint qualified officer. 
‘‘(2) Paragraph (1) applies with respect to an officer 
who— 
‘‘(A) is serving in, or has served in, a joint duty 
assignment; 
‘‘(B) is serving on, or has served on, the Joint 
Staff; or 
‘‘(C) is a joint qualified officer. 
‘‘(3) The Secretary of Defense may waive the require-
ment in paragraph (1) in the case of— 
‘‘(A) any selection board of the Marine Corps; 
or 
‘‘(B) any selection board that is considering of-
ficers in specialties identified in paragraph (2) or (3) 
of section 619a(b) of this title.’’.
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•HR 5136 EH1S 
(b) INFORMATION
FURNISHED
TO
SELECTION 
BOARDS.—Section 615 of such title is amended by strik-
ing ‘‘in joint duty assignments of officers who are serving, 
or have served, in such assignments’’ in subsections (b)(5) 
and (c) and inserting ‘‘of officers who are serving on, or 
have served on, the Joint Staff or are joint qualified offi-
cers’’. 
(c) ACTION ON REPORT OF SELECTION BOARDS.— 
Section 618(b) of such title is amended— 
(1) in paragraph (1), by striking ‘‘are serving, 
or have served, in joint duty assignments’’ and in-
serting ‘‘are serving on, or have served on, the Joint 
Staff or are joint qualified officers’’; 
(2) in subparagraphs (A) and (B) of paragraph 
(2), by striking ‘‘in joint duty assignments of offi-
cers who are serving, or have served, in such assign-
ments’’ and inserting ‘‘of officers who are serving 
on, or have served on, the Joint Staff or are joint 
qualified officers’’; and 
(3) in paragraph (4), by striking ‘‘in joint duty 
assignments’’ and inserting ‘‘who are serving on, or 
have served on, the Joint Staff or are joint qualified 
officers’’.
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•HR 5136 EH1S 
SEC. 523. SECURE ELECTRONIC DELIVERY OF CERTIFICATE 
OF RELEASE OR DISCHARGE FROM ACTIVE 
DUTY (DD FORM 214). 
Section 596 of the National Defense Authorization 
Act for Fiscal Year 2008 (Public Law 110–181; 10 U.S.C. 
1168 note) is amended— 
(1) by inserting ‘‘(a) ELECTION TO FORWARD 
CERTIFICATE TO VA OFFICES—’’ before ‘‘The Sec-
retary of Defense’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) SECURE METHOD
OF ELECTRONIC DELIV-
ERY.— 
‘‘(1) DEVELOPMENT AND IMPLEMENTATION.— 
The Secretary of Veterans Affairs, in consultation 
with the Secretary of Defense, shall develop and im-
plement a secure electronic method of forwarding 
the DD Form 214 to the appropriate office specified 
in subsection (a)(2). The Secretary of Veterans Af-
fairs shall ensure that the method permits such of-
fices to access the forms electronically using current 
computer operating systems. 
‘‘(2) AUTHORITY TO CEASE DELIVERY.—In de-
veloping the secure electronic method of forwarding 
DD Forms 214, the Secretary of Veterans Affairs 
shall ensure that the information provided is not dis-
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•HR 5136 EH1S 
closed or used for unauthorized purposes and may 
cease forwarding the forms electronically to an office 
specified in subsection (a)(2) if demonstrated prob-
lems arise.’’. 
Subtitle D—General Service 
Authorities 
SEC. 531. EXTENSION OF TEMPORARY AUTHORITY TO 
ORDER RETIRED MEMBERS OF THE ARMED 
FORCES TO ACTIVE DUTY IN HIGH-DEMAND, 
LOW-DENSITY ASSIGNMENTS. 
(a) EXTENSION OF AUTHORITY.—Section 688a(f) of 
title 10, United States Code, is amended by striking ‘‘De-
cember 31, 2010’’ and inserting ‘‘December 31, 2012’’. 
(b) REPORT REQUIRED.—Not later than April 1, 
2011, the Secretary of Defense shall submit to the Com-
mittees on Armed Services of the Senate and the House 
of Representatives a report containing an assessment by 
the Secretary of the need to extend the authority provided 
by section 688a of title 10, United States Code, beyond 
December 31, 2012. The report shall include, at a min-
imum, the following: 
(1) A list of the current types of high-demand, 
low-density capabilities (as defined in such section) 
for which the authority is being used to address 
operational requirements.
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•HR 5136 EH1S 
(2) For each high-demand, low-density capa-
bility included in the list under paragraph (1), the 
number of retired members of the Armed Forces 
who have served on active duty at any time during 
each of fiscal years 2007 through 2010 under the 
authority. 
(3) A plan to increase the required active duty 
strength for the high-demand, low-density capabili-
ties included in the list under paragraph (1) to 
eliminate the need to use the authority. 
SEC. 532. CORRECTION OF MILITARY RECORDS. 
(a) IMPROVED DOCUMENTATION
OF CORRECTION 
BOARD
DECISIONS.—Section 1552(a)(3) of title 10, 
United States Code, is amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(B) In establishing correction procedures under sub-
paragraph (A), the Secretary of a military department 
shall require that a board established under subsection 
(a)(1) present its findings and conclusions in an orderly 
and itemized fashion, with specific attention given to each 
issue presented by the claimant (or heir or representative) 
who requested the correction. This requirement applies to 
a request for correction received after the date of the en-
178 
•HR 5136 EH1S 
actment of this subparagraph, both during initial consider-
ation of the request and upon subsequent consideration 
due to appeal or other circumstances.’’. 
(b) IMPROVED DOCUMENTATION OF REVIEW BOARD 
DECISIONS REGARDING DISCHARGE OR DISMISSAL.—Sec-
tion 1553(b) of such title is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) In establishing review procedures for use by a 
board established under this section, the Secretary of a 
military department shall require that the board present 
its findings and conclusions in an orderly and itemized 
fashion, with specific attention given to each issue pre-
sented by the person who requested the review. This re-
quirement applies to a request for review received after 
the date of the enactment of this paragraph, both during 
initial consideration of the request and upon subsequent 
consideration due to appeal or other circumstances.’’. 
(c) BOARDS REVIEWING RETIREMENT OR SEPARA-
TION WITHOUT PAY FOR PHYSICAL DISABILITY.— 
(1) MEMBERS
ELIGIBLE
TO
REQUEST
RE-
VIEW.—Subsection (a) of section 1554 of such title 
is amended—
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•HR 5136 EH1S 
(A) by striking ‘‘an officer’’ and inserting 
‘‘a member or former member of the uniformed 
services’’; and 
(B) by striking ‘‘his case’’ and inserting 
‘‘the member’s case’’. 
(2) IMPROVED DOCUMENTATION OF BOARD DE-
CISIONS.—Subsection (b) of such section is amend-
ed— 
(A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) In establishing review procedures for use by a 
board established under this section, the Secretary of a 
military department shall require that the board present 
its findings and conclusions in an orderly and itemized 
fashion, with specific attention given to each issue pre-
sented by the person who requested the review. This re-
quirement applies to a request for review received after 
the date of the enactment of this paragraph, both during 
initial consideration of the request and upon subsequent 
consideration due to appeal or other circumstances.’’. 
(d) LIMITATION ON REDUCTION IN PERSONNEL AS-
SIGNED TO DUTY WITH SERVICE REVIEW AGENCY.— 
1559(a) of such title is amended by striking ‘‘December 
31, 2010’’ and inserting ‘‘December 31, 2013’’.
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•HR 5136 EH1S 
SEC. 533. MODIFICATION OF CERTIFICATE OF RELEASE OR 
DISCHARGE FROM ACTIVE DUTY (DD FORM 
214) TO SPECIFICALLY IDENTIFY A SPACE 
FOR INCLUSION OF E-MAIL ADDRESS. 
The Secretary of Defense shall modify the Certificate 
of Release or Discharge from Active Duty (DD Form 214) 
to include a new Block, 19c., titled ‘‘ELECTRONIC MAIL-
ING (E-MAIL) ADDRESS
AFTER
SEPARATION’’ in 
order to permit a member of the Armed Forces to include 
an email address at which the member may be reached 
after the member’s discharge or release. 
SEC. 534. RECOGNITION OF ROLE OF FEMALE MEMBERS OF 
THE ARMED FORCES AND DEPARTMENT OF 
DEFENSE REVIEW OF MILITARY OCCUPA-
TIONAL SPECIALTIES AVAILABLE TO FEMALE 
MEMBERS. 
(a) FINDINGS.—Congress make the following find-
ings: 
(1) Women are and have historically been an 
import part of all United States war efforts, volun-
tarily serving in every military conflict in United 
States history, including the Revolutionary War. 
(2) Approximately 34,000 women served in the 
Armed Forces in World War I, approximately 
400,000 served in World War II, approximately 
120,000 served in the Korean War, over 7,000
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•HR 5136 EH1S 
served in the Vietnam War, and more than 41,000 
served in the first Gulf War. 
(3) Over 350,000 women serving in the Armed 
Forces make up approximate 15 percent of all active 
duty personnel, 15 percent of Reserves, and 17 per-
cent of the National Guard. 
(4) Over 225,349 women have served in Oper-
ation Iraqi Freedom or Operation Enduring Free-
dom as members of the Armed Forces. 
(5) At least 120 female members of the Armed 
Forces have been killed in Iraq or Afghanistan, and, 
of the women killed, 66 were killed in combat. 
(6) The nature of war has changed in Iraq and 
Afghanistan, and, despite the prohibition on female 
members of the Armed Forces serving in combat, so 
has the role of female members of the Armed 
Forces. 
(b) OFFICIAL RECOGNITION.—Congress— 
(1) honors women who have served, and women 
who are currently serving, as members of the Armed 
Forces; and 
(2) encourages all people in the United States 
to recognize the service and achievements of female 
members of the Armed Forces and female veterans. 
(c) REVIEWS REQUIRED.—
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•HR 5136 EH1S 
(1) REVIEWS; ELEMENTS.—The Secretary of 
Defense shall conduct a review of military occupa-
tional positions available to female members of the 
Armed Forces for the purpose of ensuring that fe-
male members have the maximum opportunity to 
compete and excel in the Armed Forces. The Sec-
retary of Defense, in coordination with the Secre-
taries of the military departments, also shall review 
the collocation policy and other policies and regula-
tions that restrict the service of female members to 
determine whether changes are needed, including 
legislative change, if necessary, to enhance the abil-
ity of women to serve in the Armed Forces. 
(2) SUBMISSION OF RESULTS.—Not later than 
February 1, 2011, the Secretary of Defense shall 
submit to the congressional defense committee a re-
port containing the results of the reviews. 
SEC. 535. MATTERS COVERED BY PRESEPARATION COUN-
SELING 
FOR 
MEMBERS 
OF 
THE 
ARMED 
FORCES AND THEIR SPOUSES. 
Section 1142(b) of title 10, United States Code, is 
amended— 
(1) in paragraph (5), by striking ‘‘job place-
ment counseling for the spouse’’ and inserting ‘‘in-
clusion of the spouse when counseling regarding the
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•HR 5136 EH1S 
SEC. 536. DEPARTMENT OF DEFENSE POLICY CONCERNING 
HOMOSEXUALITY IN THE ARMED FORCES. 
(a) COMPREHENSIVE REVIEW ON THE IMPLEMENTA-
TION OF A REPEAL OF 10 U.S.C. 654.— 
(1) IN GENERAL.—On March 2, 2010, the Sec-
retary of Defense issued a memorandum directing 
the Comprehensive Review on the Implementation of 
a Repeal of 10 U.S.C. 654 (section 654 of title 10, 
United States Code). 
(2) OBJECTIVES AND SCOPE OF REVIEW.—The 
Terms of Reference accompanying the Secretary’s 
memorandum established the following objectives 
and scope of the ordered review: 
(A) Determine any impacts to military 
readiness, military effectiveness and unit cohe-
sion, recruiting/retention, and family readiness 
that may result from repeal of the law and rec-
ommend any actions that should be taken in 
light of such impacts. 
(B) Determine leadership, guidance, and 
training on standards of conduct and new poli-
cies. 
(C) Determine appropriate changes to ex-
isting policies and regulations, including but not 
limited to issues regarding personnel manage-
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•HR 5136 EH1S 
ment, leadership and training, facilities, inves-
tigations, and benefits. 
(D) Recommend appropriate changes (if 
any) to the Uniform Code of Military Justice. 
(E) Monitor and evaluate existing legisla-
tive proposals to repeal 10 U.S.C. 654 and pro-
posals that may be introduced in the Congress 
during the period of the review. 
(F) Assure appropriate ways to monitor 
the workforce climate and military effectiveness 
that support successful follow-through on imple-
mentation. 
(G) Evaluate the issues raised in ongoing 
litigation involving 10 U.S.C. 654. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (f) shall take effect 60 days after the date on 
which the last of the following occurs: 
(1) The Secretary of Defense has received the 
report required by the memorandum of the Sec-
retary referred to in subsection (a). 
(2) The President transmits to the congres-
sional defense committees a written certification, 
signed by the President, the Secretary of Defense, 
and the Chairman of the Joint Chiefs of Staff, stat-
ing each of the following:
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•HR 5136 EH1S 
(A) That the President, the Secretary of 
Defense, and the Chairman of the Joint Chiefs 
of Staff have considered the recommendations 
contained in the report and the report’s pro-
posed plan of action. 
(B) That the Department of Defense has 
prepared the necessary policies and regulations 
to exercise the discretion provided by the 
amendments made by subsection (f). 
(C) That the implementation of necessary 
policies and regulations pursuant to the discre-
tion provided by the amendments made by sub-
section (f) is consistent with the standards of 
military readiness, military effectiveness, unit 
cohesion, and recruiting and retention of the 
Armed Forces. 
(c) NO IMMEDIATE EFFECT ON CURRENT POLICY.— 
Section 654 of title 10, United States Code, shall remain 
in effect until such time that all of the requirements and 
certifications required by subsection (b) are met. If these 
requirements and certifications are not met, section 654 
of title 10, United States Code, shall remain in effect. 
(d) BENEFITS.—Nothing in this section, or the 
amendments made by this section, shall be construed to 
require the furnishing of benefits in violation of section
187 
•HR 5136 EH1S 
7 of title 1, United States Code (relating to the definitions 
of ‘‘marriage’’ and ‘‘spouse’’ and referred to as the ‘‘De-
fense of Marriage Act’’). 
(e) NO PRIVATE CAUSE OF ACTION.—Nothing in this 
section, or the amendments made by this section, shall be 
construed to create a private cause of action. 
(f) TREATMENT OF 1993 POLICY.— 
(1) TITLE 10.—Upon the effective date estab-
lished by subsection (b), chapter 37 of title 10, 
United States Code, is amended— 
(A) by striking section 654; and 
(B) in the table of sections at the begin-
ning of such chapter, by striking the item relat-
ing to section 654. 
(2) CONFORMING AMENDMENT.—Upon the ef-
fective date established by subsection (b), section 
571 of the National Defense Authorization Act for 
Fiscal Year 1994 (10 U.S.C. 654 note) is amended 
by striking subsections (b), (c), and (d).
188 
•HR 5136 EH1S 
Subtitle E—Military Justice and 
Legal Matters 
SEC. 541. CONTINUATION OF WARRANT OFFICERS ON AC-
TIVE DUTY TO COMPLETE DISCIPLINARY AC-
TION. 
Section 580 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(f) A warrant officer subject to discharge or retire-
ment under this section, but against whom any action has 
been commenced with a view to trying the officer by court- 
martial, may be continued on active duty, without preju-
dice to such action, until the completion of such action.’’. 
SEC. 542. ENHANCED AUTHORITY TO PUNISH CONTEMPT IN 
MILITARY JUSTICE PROCEEDINGS. 
(a) IN GENERAL.—Section 848 of title 10, United 
States Code (article 48 of the Uniform Code of Military 
Justice), is amended to read as follows: 
‘‘§ 848. Art. 48. Contempts 
‘‘(a) AUTHORITY TO PUNISH CONTEMPT.—A mili-
tary judge detailed to a court-martial, a court of inquiry, 
the Court of Appeals for the Armed Forces, a Court of 
Criminal Appeals, a provost court, or a military commis-
sion (other than a military commission established under
189 
•HR 5136 EH1S 
chapter 47A of this title) may punish for contempt any 
person who— 
‘‘(1) uses any menacing word, sign, or gesture 
in the presence of the military judge during the pro-
ceedings of the court-martial, court, or military com-
mission; 
‘‘(2) disturbs the proceedings of the court-mar-
tial, court, or military commission by any riot or dis-
order; or 
‘‘(3) willfully disobeys its lawful writ, process, 
order, rule, decree, or command. 
‘‘(b) PUNISHMENT.—A person punished for contempt 
under this section may be confined for not more than 30 
days, fined in an amount of not more than $1,000, or 
both.’’. 
(b) EFFECTIVE DATE.—Section 848 of title 10, 
United States Code (article 48 of the Uniform Code of 
Military Justice), as amended by subsection (a), shall 
apply with respect to acts of contempt committed after 
the date of the enactment of this Act.
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•HR 5136 EH1S 
SEC. 543. LIMITATIONS ON USE IN PERSONNEL ACTION OF 
INFORMATION CONTAINED IN CRIMINAL IN-
VESTIGATIVE REPORT OR IN INDEX MAIN-
TAINED FOR LAW ENFORCEMENT RETRIEVAL 
AND ANALYSIS. 
(a) LIMITATIONS.—Chapter 53 of title 10, United 
States Code, is amended by inserting after section 1034 
the following new section: 
‘‘§ 1034a. Criminal investigative report or index 
maintained for law enforcement retrieval 
and analysis: limitations on use in per-
sonnel actions 
‘‘(a) PROHIBITION
ON USE
IN PERSONNEL AC-
TIONS.—Except as provided in subsection (b), information 
relating to the titling or indexing of a member of the 
armed forces contained in any criminal investigative report 
prepared by any entity of the Department of Defense or 
index maintained by any entity of the Department of De-
fense for the purpose of potential retrieval and analysis 
by Department law enforcement organizations may not be 
used in connection with any personnel action involving the 
member. 
‘‘(b) AUTHORIZED EXCEPTIONS.—The prohibition in 
subsection (a) does not preclude the use of information 
relating to the titling or indexing of a member—
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•HR 5136 EH1S 
‘‘(2) TITLING.—The term ‘titling’ refers to the 
process by which a Department of Defense criminal 
investigative agency places the name of a person in 
the title block of a criminal investigative report at a 
time when the agency has credible information that 
the person committed a criminal offense. The titling, 
however, does not connote any degree of guilt or in-
nocence. 
‘‘(3) PERSONNEL
ACTION.—The term ‘per-
sonnel action’, with respect to a member, means any 
recommendation, action, or decision impacting or af-
fecting any aspect of the military service of the 
member.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 1034 the following new 
item: 
‘‘1034a. Criminal investigative report or index maintained for law enforcement 
retrieval and analysis: limitations on use in personnel actions.’’. 
SEC. 544. PROTECTION OF CHILD CUSTODY ARRANGE-
MENTS FOR PARENTS WHO ARE MEMBERS OF 
THE ARMED FORCES DEPLOYED IN SUPPORT 
OF A CONTINGENCY OPERATION. 
(a) CHILD CUSTODY PROTECTION.—Title II of the 
Servicemembers Civil Relief Act (50 U.S.C. App. 521 et
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•HR 5136 EH1S 
seq.) is amended by adding at the end the following new 
section: 
‘‘SEC. 208. CHILD CUSTODY PROTECTION. 
‘‘(a) RESTRICTION ON CHANGE OF CUSTODY.—If a 
motion for change of custody of a child of a servicemember 
is filed while the servicemember is deployed in support of 
a contingency operation, no court may enter an order 
modifying or amending any previous judgment or order, 
or issue a new order, that changes the custody arrange-
ment for that child that existed as of the date of the de-
ployment of the servicemember, except that a court may 
enter a temporary custody order if the court finds that 
it is in the best interest of the child. 
‘‘(b) COMPLETION OF DEPLOYMENT.—In any pre-
ceding covered under subsection (a), a court shall require 
that, upon the return of the servicemember from deploy-
ment in support of a contingency operation, the custody 
order that was in effect immediately preceding the date 
of the deployment of the servicemember is reinstated, un-
less the court finds that such a reinstatement is not in 
the best interest of the child, except that any such finding 
shall be subject to subsection (c). 
‘‘(c) EXCLUSION OF MILITARY SERVICE FROM DE-
TERMINATION OF CHILD’S BEST INTEREST.—If a motion 
for the change of custody of the child of a servicemember
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is filed, no court may consider the absence of the service-
member by reason of deployment, or possibility of deploy-
ment, in determining the best interest of the child. 
‘‘(d) NO FEDERAL RIGHT OF ACTION.—Nothing in 
this section shall create a Federal right of action. 
‘‘(e) PREEMPTION.—In any case where State or Fed-
eral law applicable to a child custody proceeding under 
State or Federal law provides a higher standard of protec-
tion to the rights of the parent who is a servicemember 
than the rights provided under this section, the State or 
Federal court shall apply the State or Federal standard. 
‘‘(f) CONTINGENCY OPERATION DEFINED.—In this 
section, the term ‘contingency operation’ has the meaning 
given that term in section 101(a)(13) of title 10, United 
States Code, except that the term may include such other 
deployments as the Secretary may prescribe.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by adding at the 
end of the items relating to title II the following new item: 
‘‘208. Child custody protection.’’. 
SEC. 545. IMPROVEMENTS TO DEPARTMENT OF DEFENSE 
DOMESTIC VIOLENCE PROGRAMS. 
(a) IMMEDIATE ACTIONS REQUIRED.— 
(1) ENTRY OF DATA INTO LAW ENFORCEMENT 
SYSTEMS.—The Secretary of Defense shall ensure 
that all command actions related to domestic vio-
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lence incidents involving members of the Army, 
Navy, Air Force, or Marine Corps are entered into 
all Department of Defense law enforcement systems. 
(2) ISSUANCE OF FAMILY ADVOCACY PROGRAM 
GUIDANCE.—The Secretary of Defense shall issue 
Department of Defense Family Advocacy Program 
guidance. 
(b) IMPLEMENTATION
OF
OUTSTANDING
COMP-
TROLLER
GENERAL
RECOMMENDATIONS.—Consistent 
with the recommendations contained in the report of the 
Comptroller General of the United States titled ‘‘Status 
of Implementation of GAO’s 2006 Recommendations on 
the Department of Defense’s Domestic Violence Program’’ 
(GAO–10–577R), the Secretary of Defense shall complete, 
not later than one year after the date of enactment of this 
Act, implementation of actions to address the following 
recommendations: 
(1) DEFENSE
INCIDENT-BASED
REPORTING 
SYSTEM.—The Secretary of Defense shall develop a 
comprehensive management plan to address defi-
ciencies in the data captured in the Defense Inci-
dent-Based Reporting System to ensure the system 
can provide an accurate count of the domestic vio-
lence incidents that are reported throughout the De-
partment of Defense.
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(2) ADEQUATE PERSONNEL.—The Secretary of 
Defense shall develop a plan to ensure that adequate 
personnel are available to implement recommenda-
tions made by the Defense Task Force on Domestic 
Violence. 
(3) DOMESTIC VIOLENCE TRAINING DATA FOR 
CHAPLAINS.—The Secretary of Defense shall develop 
a plan to collect domestic violence training data for 
chaplains. 
(4) OVERSIGHT
FRAMEWORK.—The Secretary 
of Defense shall develop an oversight framework for 
Department of Defense domestic violence programs, 
to include oversight of implementation of rec-
ommendations made by the Defense Task Force on 
Domestic Violence, budgeting, and policy compli-
ance. 
(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary of Defense shall 
submit to the congressional defense committees a report 
containing the planned actions required under subsections 
(a) and (b).
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SEC. 546. PUBLIC RELEASE OF RESTRICTED ANNEX OF DE-
PARTMENT OF DEFENSE REPORT OF THE 
INDEPENDENT REVIEW RELATED TO FORT 
HOOD PERTAINING TO OVERSIGHT OF THE 
ALLEGED PERPETRATOR OF THE ATTACK. 
(a) RELEASE REQUIRED.—Not later than 10 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall release publicly the restricted annex, de-
scribed in subsection (b), that was part of the January 
2010 Department of Defense Report of the Independent 
Review Related to Fort Hood and the attack there on No-
vember 5, 2009. 
(b) MATERIAL
SUBJECT
TO
RELEASE; EXCEP-
TION.—The restricted annex referred to in subsection (a) 
is the document described on page 9 of the January 2010 
Department of Defense Report of the Independent Review 
Related to Fort Hood, which provided the detailed find-
ings, recommendations, and complete supporting discus-
sions of the Independent Review pertaining to the over-
sight of the alleged perpetrator of the November 2009 at-
tack. No part of the restricted annex shall be exempted 
from public release, except— 
(1) materials that the Secretary of Defense de-
termines may imperil, if disclosed, any criminal in-
vestigation or prosecution related to the attack; and
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(2) in accordance with section 1102 of title 10, 
United States Code, the memorandum summarizing 
the results of the medical quality assurance records 
relating to the care provided patients by the alleged 
perpetrator of the attack. 
Subtitle F—Member Education and 
Training Opportunities and Ad-
ministration 
SEC. 551. REPAYMENT OF EDUCATION LOAN REPAYMENT 
BENEFITS. 
(a) ENLISTED MEMBERS ON ACTIVE DUTY IN SPECI-
FIED MILITARY SPECIALTIES.—Section 2171 of title 10, 
United States Code, is amended by adding at the end the 
following new subsections: 
‘‘(g) Except a person described in subsection (e) who 
transfers to service making the person eligible for repay-
ment of loans under section 16301 of this title, a member 
of the armed forces who fails to complete the period of 
service required to qualify for loan repayment under this 
section shall be subject to the repayment provisions of sec-
tion 303a(e) of title 37. 
‘‘(h) The Secretary of Defense may prescribe, by reg-
ulations, procedures for implementing this section, includ-
ing standards for qualified loans and authorized payees 
and other terms and conditions for making loan repay-
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•HR 5136 EH1S 
ments. Such regulations may include exceptions that 
would allow for the payment as a lump sum of any loan 
repayment due to a member under a written agreement 
that existed at the time of a member’s death or dis-
ability.’’. 
(b) MEMBERS
OF SELECTED RESERVE.—Section 
16301 of such title is amended by adding at the end the 
following new subsections: 
‘‘(h) Except a person described in subsection (e) who 
transfers to service making the person eligible for repay-
ment of loans under section 2171 of this title, a member 
of the armed forces who fails to complete the period of 
service required to qualify for loan repayment under this 
section shall be subject to the repayment provisions of sec-
tion 303a(e) of title 37. 
‘‘(i) The Secretary of Defense may prescribe, by regu-
lations, procedures for implementing this section, includ-
ing standards for qualified loans and authorized payees 
and other terms and conditions for making loan repay-
ments. Such regulations may include exceptions that 
would allow for the payment as a lump sum of any loan 
repayment due to a member under a written agreement 
that existed at the time of a member’s death or dis-
ability.’’.
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SEC. 552. ACTIVE DUTY OBLIGATION FOR GRADUATES OF 
THE MILITARY SERVICE ACADEMIES PAR-
TICIPATING IN THE ARMED FORCES HEALTH 
PROFESSIONS SCHOLARSHIP AND FINANCIAL 
ASSISTANCE PROGRAM. 
(a) UNITED STATES MILITARY ACADEMY GRAD-
UATES.—Section 4348(a) of title 10, United States Code, 
is amended by adding at the end the following new para-
graph: 
‘‘(4) That if an appointment described in para-
graph (2) or (3) is tendered and the cadet partici-
pates in the Armed Forces Health Professions 
Scholarship and Financial Assistance program under 
subchapter I of chapter 105 of this title, the cadet 
will fulfill any unserved obligation incurred under 
this section on active duty, regardless of the type of 
appointment held, upon completion of, and in addi-
tion to, any service obligation incurred under section 
2123 of this title for participation in the program.’’. 
(b) UNITED
STATES
NAVAL
ACADEMY
GRAD-
UATES.—Section 6959(a) of such title is amended by add-
ing at the end the following new paragraph: 
‘‘(4) That if an appointment described in para-
graph (2) or (3) is tendered and the midshipman 
participates in the Armed Forces Health Professions 
Scholarship and Financial Assistance program under
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•HR 5136 EH1S 
subchapter I of chapter 105 of this title, the mid-
shipman will fulfill any unserved obligation incurred 
under this section on active duty, regardless of the 
type of appointment held, upon completion of, and 
in addition to, any service obligation incurred under 
section 2123 of this title for participation in the pro-
gram.’’. 
(c) UNITED STATES AIR FORCE ACADEMY GRAD-
UATES.—Section 9348(a) of such title is amended by add-
ing at the end the following new paragraph: 
‘‘(4) That if an appointment described in para-
graph (2) or (3) is tendered and the cadet partici-
pates in the Armed Forces Health Professions 
Scholarship and Financial Assistance program under 
subchapter I of chapter 105 of this title, the cadet 
will fulfill any unserved obligation incurred under 
this section on active duty, regardless of the type of 
appointment held, upon completion of, and in addi-
tion to, any service obligation incurred under section 
2123 of this title for participation in the program.’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to appointments to 
the United States Military Academy, the United States 
Naval Academy, and the United States Air Force Acad-
emy beginning with the first class of candidates nominated
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•HR 5136 EH1S 
for appointment to these military service academies after 
the date of the enactment of this Act. 
SEC. 553. WAIVER OF MAXIMUM AGE LIMITATION ON AD-
MISSION TO SERVICE ACADEMIES FOR CER-
TAIN ENLISTED MEMBERS WHO SERVED DUR-
ING OPERATION IRAQI FREEDOM OR OPER-
ATION ENDURING FREEDOM. 
(a) WAIVER AUTHORITY.—The Secretary of the mili-
tary department concerned may waive the maximum age 
limitation specified in section 4346(a), 6958(a)(1), or 
9346(a) of title 10, United States Code, for the admission 
of a candidate to the United States Military Academy, the 
United States Naval Academy, or the United States Air 
Force Academy, if the candidate, otherwise satisfies the 
eligibility requirements for admission to that academy, 
and— 
(1) is an enlisted member of the Armed Forces 
and, as a result of service on active duty in a theater 
of operations for Operation Iraqi Freedom or Oper-
ation Enduring Freedom, was or is prevented from 
being admitted to that academy before the member 
reached the maximum age specified in such sections; 
or
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•HR 5136 EH1S 
(2) possesses an exceptional overall record that 
the Secretary concerned determines sets the can-
didate apart from all other candidates. 
(b) LIMITATION OF WAIVER.— 
(1) MAXIMUM
AGE.—A waiver may not be 
granted under subsection (a) to a member of the 
Armed Forces described in such subsection if the 
member would pass the member’s twenty-sixth birth-
day by July 1 of the year in which the member 
would enter the military service academy. 
(2) MAXIMUM
NUMBER.—No more than five 
members of the Armed Forces may attend each of 
the military service academies at any one time pur-
suant to a waiver granted under subsection (a)(2). 
(c) DURATION OF WAIVER AUTHORITY.—The au-
thority to grant a waiver under subsection (a) expires on 
September 30, 2015. 
SEC. 554. REPORT OF FEASIBILITY AND COST OF EXPAND-
ING ENROLLMENT AUTHORITY OF COMMU-
NITY COLLEGE OF THE AIR FORCE TO IN-
CLUDE 
ADDITIONAL 
MEMBERS 
OF 
THE 
ARMED FORCES. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to Congress a report, prepared in consultation with the
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•HR 5136 EH1S 
Secretary of the Air Force, evaluating the feasibility and 
cost of authorizing enlisted members of the Army, Navy, 
Marine Corps and Coast Guard to enroll in Community 
College of the Air Force programs offered under section 
9315 of title 10, United States Code. 
Subtitle G—Defense Dependents’ 
Education 
SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 
EDUCATIONAL AGENCIES THAT BENEFIT DE-
PENDENTS OF MEMBERS OF THE ARMED 
FORCES AND DEPARTMENT OF DEFENSE CI-
VILIAN EMPLOYEES. 
(a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT 
NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 
amount authorized to be appropriated for fiscal year 2011 
pursuant to section 301(5) for operation and maintenance 
for Defense-wide activities, $50,000,000 shall be available 
only for the purpose of providing assistance to local edu-
cational agencies under subsection (a) of section 572 of 
the National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109–163; 119 Stat. 3271; 20 U.S.C. 
7703b). 
(b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT 
CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE 
CHANGES, OR FORCE RELOCATIONS.—Of the amount au-
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•HR 5136 EH1S 
thorized to be appropriated for fiscal year 2011 pursuant 
to section 301(5) for operation and maintenance for De-
fense-wide activities, $15,000,000 shall be available only 
for the purpose of providing assistance to local educational 
agencies under subsection (b) of such section 572. 
(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In 
this section, the term ‘‘local educational agency’’ has the 
meaning given that term in section 8013(9) of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C. 
7713(9)). 
SEC. 562. ENROLLMENT OF DEPENDENTS OF MEMBERS OF 
THE ARMED FORCES WHO RESIDE IN TEM-
PORARY HOUSING IN DEPARTMENT OF DE-
FENSE DOMESTIC DEPENDENT ELEMENTARY 
AND SECONDARY SCHOOLS. 
Section 2164(a) of title 10, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(3)(A) The Secretary may, at the discretion of the 
Secretary, permit dependents of members of the armed 
forces described in subparagraph (B) to enroll in an edu-
cational program provided by the Secretary pursuant to 
this subsection without regard to the requirement in para-
graph (1) with respect to residence on a military installa-
tion.
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•HR 5136 EH1S 
‘‘(B) Subparagraph (A) applies only if— 
‘‘(i) the dependents reside in temporary housing 
(regardless of whether the temporary housing is on 
Federal property) in lieu of permanent living quar-
ters on a military installation; and 
‘‘(ii) the Secretary determines that the cir-
cumstances of such living arrangements justify ex-
tending the enrollment authority to include such de-
pendents. 
‘‘(C) The Secretary shall prescribe regulations to en-
sure consistent application of this paragraph.’’. 
Subtitle H—Decorations, Awards, 
and Commemorations 
SEC. 571. NOTIFICATION REQUIREMENT FOR DETERMINA-
TION MADE IN RESPONSE TO REVIEW OF 
PROPOSAL FOR AWARD OF A MEDAL OF 
HONOR NOT PREVIOUSLY SUBMITTED IN 
TIMELY FASHION. 
Section 1130(b) of title 10, United States Code, is 
amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) If a determination under this section includes 
a favorable recommendation for the award of the Medal
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•HR 5136 EH1S 
of Honor, submission of the detailed discussion of the ra-
tionale supporting the determination shall be made 
through the Secretary of Defense.’’. 
SEC. 572. DEPARTMENT OF DEFENSE RECOGNITION OF 
SPOUSES 
OF 
MEMBERS 
OF 
THE 
ARMED 
FORCES. 
(a) ESTABLISHMENT AND PRESENTATION OF LAPEL 
BUTTONS.—Chapter 57 of title 10, United States Code, 
is amended by inserting after section 1126 the following 
new section: 
‘‘§ 1126a. Spouse of combat veteran lapel button: eli-
gibility and presentation 
‘‘(a) DESIGN AND ELIGIBILITY.—A lapel button, to 
be known as the spouse-of-a-combat-veteran lapel button, 
shall be designed, as approved by the Secretary of De-
fense, to identify and recognize the spouse of a member 
of the armed forces who is serving or has served in a com-
bat zone for a period of more than 30 days. 
‘‘(b) PRESENTATION.—The Secretary concerned may 
authorize the use of appropriated funds to procure spouse- 
of-a-combat-veteran lapel buttons and to provide for their 
presentation to eligible spouses of members. 
‘‘(c) EXCEPTION TO TIME PERIOD REQUIREMENT.— 
The 30-day periods specified in subsections (a) and (b)
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•HR 5136 EH1S 
do not apply if the member is killed or wounded in the 
combat zone before the expiration the period. 
‘‘(d) LICENSE TO MANUFACTURE AND SELL LAPEL 
BUTTONS.—Section 901(c) of title 36 shall apply with re-
spect to the spouse-of-a-combat-veteran lapel button au-
thorized by this section. 
‘‘(e) COMBAT ZONE DEFINED.—In this section, the 
term ‘combat zone’ has the meaning given that term in 
section 112(c)(2) of the Internal Revenue Code of 1986. 
‘‘(f) REGULATIONS.—The Secretary of Defense shall 
issue such regulations as may be necessary to carry out 
this section. The Secretary shall ensure that the regula-
tions are uniform for each armed force to the extent prac-
ticable.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 1126 the following new 
item: 
‘‘1126a. Spouse-of-a-combat-veteran lapel button: eligibility and presentation.’’. 
(c) IMPLEMENTATION.—It is the sense of Congress 
that, as soon as practicable once the spouse-of-a-combat- 
veteran lapel button become available, the Secretary of 
Defense— 
(1) should widely announce the availability of 
spouse-of-a-combat-veteran lapel buttons through 
military and public information channels; and
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•HR 5136 EH1S 
(2) should encourage commanders at all levels 
to conduct ceremonies recognizing the support pro-
vided by spouses of members of the Armed Forces 
and to use the ceremonies as an opportunity for 
members to present their spouses with a spouse-of- 
a-combat-veteran lapel button. 
SEC. 573. DEPARTMENT OF DEFENSE RECOGNITION OF 
CHILDREN OF MEMBERS OF THE ARMED 
FORCES. 
(a) ESTABLISHMENT AND PRESENTATION OF LAPEL 
BUTTONS.—Chapter 57 of title 10, United States Code, 
is amended by inserting after section 1126a, as added by 
section 572, the following new section: 
‘‘§ 1126b. Children of members commemorative lapel 
button: eligibility and presentation 
‘‘(a) DESIGN AND ELIGIBILITY.—A lapel button, to 
be known as the children of military service members com-
memorative lapel button, shall be designed, as approved 
by the Secretary of Defense, to identify and recognize an 
eligible child dependent of a member of the armed forces 
who serves on active duty for a period of more than 30 
days. 
‘‘(b) PRESENTATION.—The Secretary concerned may 
authorize the use of appropriated funds to procure chil-
dren of military service members commemorative lapel
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•HR 5136 EH1S 
buttons and to provide for their presentation to eligible 
child dependents. 
‘‘(c) LICENSE TO MANUFACTURE AND SELL LAPEL 
BUTTONS.—Section 901(c) of title 36 shall apply with re-
spect to the children of military service members com-
memorative lapel button authorized by this section. 
‘‘(d) ELIGIBLE CHILD DEPENDENT DEFINED.—In 
this section, the term ‘eligible child dependent’ means a 
dependent of a member of the armed forces described in 
subparagraph (D) or (I) of section 1072(2) of this title. 
‘‘(e) REGULATIONS.—The Secretary of Defense shall 
issue such regulations as may be necessary to carry out 
this section. The Secretary shall ensure that the regula-
tions are uniform for each armed force to the extent prac-
ticable.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 1126a the following new 
item: 
‘‘1126b. Children of members commemorative lapel button: eligibility and pres-
entation.’’. 
(c) IMPLEMENTATION.—It is the sense of Congress 
that, as soon as practicable once the children of military 
service members commemorative lapel button become 
available, the Secretary of Defense—
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•HR 5136 EH1S 
(1) should widely announce the availability of 
children of military service members commemorative 
lapel buttons through military and public informa-
tion channels; and 
(2) should encourage commanders at all levels 
to conduct ceremonies recognizing the support pro-
vided by children of members of the Armed Forces 
and to use the ceremonies as an opportunity for 
members to present their children with a children of 
military service members commemorative lapel but-
ton. 
SEC. 574. CLARIFICATION OF PERSONS ELIGIBLE FOR 
AWARD OF BRONZE STAR MEDAL. 
(a) LIMITATION
ON ELIGIBLE PERSONS.—Section 
1133 of title 10, United States Code, is amended to read 
as follows: 
‘‘§ 1133. Bronze Star: limitation on persons eligible to 
receive 
‘‘The decoration known as the ‘Bronze Star’ may only 
be awarded to a member of a military force who— 
‘‘(1) at the time of the events for which the 
decoration is to be awarded, was serving in a geo-
graphic area in which special pay is authorized 
under section 310 or paragraph (1) or (3) of section 
351(a) of title 37; or
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•HR 5136 EH1S 
‘‘(2) receives special pay under section 310 or 
paragraph (1) or (3) of section 351(a) of title 37 as 
a result of those events.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 57 of such title is amended 
by striking the item relating to section 1133 and inserting 
the following new item: 
‘‘1133. Bronze Star: limitation on persons eligible to receive.’’. 
(c) APPLICATION OF AMENDMENT.—The amendment 
made by subsection (a) applies to the award of the Bronze 
Star after October 30, 2000. 
SEC. 575. AWARD OF VIETNAM SERVICE MEDAL TO VET-
ERANS WHO PARTICIPATED IN MAYAGUEZ 
RESCUE OPERATION. 
(a) IN GENERAL.—The Secretary of the military de-
partment concerned shall, upon the application of an indi-
vidual who is an eligible veteran, award that individual the 
Vietnam Service Medal, notwithstanding any otherwise ap-
plicable requirements for the award of that medal. Any 
such award shall be made in lieu of any Armed Forces 
Expeditionary Medal awarded the individual for the indi-
vidual’s participation in the Mayaguez rescue operation. 
(b) ELIGIBLE VETERAN.—For purposes of this sec-
tion, the term ‘‘eligible veteran’’ means a member or 
former member of the Armed Forces who was awarded 
the Armed Forces Expeditionary Medal for participation
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•HR 5136 EH1S 
in military operations known as the Mayaguez rescue oper-
ation of May 12–15, 1975. 
SEC. 576. AUTHORIZATION FOR AWARD OF MEDAL OF 
HONOR TO CERTAIN MEMBERS OF THE ARMY 
FOR ACTS OF VALOR DURING THE CIVIL WAR, 
KOREAN WAR, OR VIETNAM 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 the 
following former members of the Army for conspicuous 
acts of gallantry and intrepidity at the risk of their life 
and beyond the call of duty, as described in subsection 
(b): 
(1) First Lieutenant Alonzo H. Cushing, Civil 
War. 
(2) Private John A. Sipe, Civil War. 
(3) Chaplain (Captain) Emil J. Kapaun, Ko-
rean War. 
(4) Specialist Four Robert L. Towles, Vietnam 
War. 
(b) ACTS OF VALOR DESCRIBED.—
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(1) FIRST LIEUTENANT ALONZO H. CUSHING.— 
In the case of First Lieutenant Alonzo H. Cushing, 
the acts of valor referred to in subsection (a) are the 
actions of then First Lieutenant Alonzo H. Cushing 
while in command of Battery A, 4th United States 
Artillery, Army of the Potomac, at Gettysburg, 
Pennsylvania, on July 3, 1863, during the American 
Civil War. 
(2) PRIVATE JOHN A. SIPE.—In the case of Pri-
vate John A. Sipe, the acts of valor referred to in 
subsection (a) are the actions of then Private John 
A. Sipe of Company I of the 205th Regiment Penn-
sylvania Volunteers, part of the 2d Brigade, 3d Divi-
sion, 9th Corps, Army of the Potomac, on March 25, 
1865, during the American Civil War. 
(3) CHAPLAIN EMIL J. KAPAUN.—In the case of 
Chaplain (Captain) Emil J. Kapaun, the acts of 
valor referred to in subsection (a) are the actions of 
Chaplain Emil J. Kapaun of 3d Battalion, 8th Cav-
alry Regiment, 1st Cavalry Division during the Bat-
tle of Unsan on November 1 and 2, 1950, and while 
a prisoner of war until his death on May 23, 1952, 
during the Korean War. 
(4) SPECIALIST FOUR ROBERT L. TOWLES.—In 
the case of Specialist Four Robert L. Towles, the
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•HR 5136 EH1S 
acts of valor referred to in subsection (a) are the ac-
tions of then Specialist Four Robert L. Towles of 
Company D, 2d Battalion, 7th Cavalry, 1st Cavalry 
Division on November 17, 1965, during the Vietnam 
War for which he was originally awarded the Bronze 
Star with ‘‘V’’ Device. 
SEC. 577. AUTHORIZATION AND REQUEST FOR AWARD OF 
DISTINGUISHED-SERVICE CROSS TO JAY C. 
COPLEY FOR ACTS OF VALOR DURING THE 
VIETNAM 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 Secretary of the Army is authorized 
and requested to award the Distinguished-Service Cross 
under section 3742 of such title to former Captain Jay 
C. Copley of the United States Army for the acts of valor 
during the Vietnam War described in subsection (b). 
(b) ACTS OF VALOR DESCRIBED.—The acts of valor 
referred to in subsection (a) are the actions of then Cap-
tain Jay C. Copley on May 5, 1968, as commander of 
Company C of the 1st Battalion, 50th Infantry, 173d Air-
borne Brigade during an engagement with a regimental- 
size enemy force in Bin Dinh Province, South Vietnam.
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SEC. 578. PROGRAM TO COMMEMORATE 60TH ANNIVER-
SARY OF THE KOREAN WAR. 
(a) COMMEMORATIVE PROGRAM AUTHORIZED.—The 
Secretary of Defense may establish and conduct a pro-
gram to commemorate the 60th anniversary of the Korean 
War (in this section referred to as the ‘‘commemorative 
program’’). In conducting the commemorative program, 
the Secretary shall coordinate and support other programs 
and activities of the Federal Government, State and local 
governments, and other persons and organizations in com-
memoration of the Korean War. 
(b) SCHEDULE.—If the Secretary of Defense estab-
lishes the commemorative program, the Secretary shall de-
termine the schedule of major events and priority of ef-
forts for the commemorative program to achieve the com-
memorative objectives specified in subsection (c). The Sec-
retary may establish a committee to assist the Secretary 
in determining the schedule and conducting the commemo-
rative program. 
(c) COMMEMORATIVE
ACTIVITIES
AND
OBJEC-
TIVES.—The commemorative program may include activi-
ties and ceremonies to achieve the following objectives: 
(1) To thank and honor veterans of the Korean 
War, including members of the Armed Forces who 
were held as prisoners of war or listed as missing in
217 
•HR 5136 EH1S 
action, for their service and sacrifice on behalf of the 
United States. 
(2) To thank and honor the families of veterans 
of the Korean War for their sacrifices and contribu-
tions, especially families who lost a loved one in the 
Korean War. 
(3) To highlight the service of the Armed 
Forces during the Korean War and the contributions 
of Federal agencies and governmental and non-gov-
ernmental organizations that served with, or in sup-
port of, the Armed Forces. 
(4) To pay tribute to the sacrifices and con-
tributions made on the home front by the people of 
the United States during the Korean War. 
(5) To provide the people of the United States 
with a clear understanding and appreciation of the 
lessons and history of the Korean War. 
(6) To highlight the advances in technology, 
science, and medicine related to military research 
conducted during the Korean War. 
(7) To recognize the contributions and sac-
rifices made by the allies of the United States dur-
ing the Korean War. 
(d) USE OF THE UNITED STATES OF AMERICA KO-
REAN WAR COMMEMORATION AND SYMBOLS.—Subsection
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•HR 5136 EH1S 
(A) Amounts appropriated to the Fund. 
(B) Proceeds derived from the use by the 
Secretary of Defense of the exclusive rights de-
scribed in subsection (c) of section 1083 of the 
National Defense Authorization Act for Fiscal 
Year 1998 (Public Law 105–85; 111 Stat. 
1918). 
(C) Donations made in support of the com-
memorative program by private and corporate 
donors. 
(4) AVAILABILITY.—Subject to paragraph (5), 
amounts in the Fund shall remain available until ex-
pended. 
(5) TREATMENT
OF
UNOBLIGATED
FUNDS; 
TRANSFER.—If unobligated amounts remain in the 
Fund as of September 30, 2013, the Secretary of 
the Treasury shall transfer the amounts to the De-
partment of Defense Vietnam War Commemorative 
Fund established pursuant to section 598(e) of the 
National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110–181; 10 U.S.C. 113 note). 
The transferred amounts shall be merged with, and 
available for the same purposes as, other amounts in 
the Department of Defense Vietnam War Com-
memorative Fund.
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•HR 5136 EH1S 
(f) ACCEPTANCE OF VOLUNTARY SERVICES.— 
(1) AUTHORITY
TO
ACCEPT
SERVICES.—Not-
withstanding section 1342 of title 31, United States 
Code, the Secretary of Defense may accept from any 
person voluntary services to be provided in further-
ance of the commemorative program. The Secretary 
shall prohibit the solicitation of any voluntary serv-
ices if the nature or circumstances of such solicita-
tion would compromise the integrity or the appear-
ance of integrity of any program of the Department 
of Defense or of any individual involved in the pro-
gram. 
(2) COMPENSATION
FOR
WORK-RELATED
IN-
JURY.—A person providing voluntary services under 
this subsection shall be considered to be a Federal 
employee for purposes of chapter 81 of title 5, 
United States Code, relating to compensation for 
work-related injuries. The person shall also be con-
sidered a special governmental employee for pur-
poses of standards of conduct and sections 202, 203, 
205, 207, 208, and 209 of title 18, United States 
Code. A person who is not otherwise employed by 
the Federal Government shall not be considered to 
be a Federal employee for any other purpose by rea-
221 
•HR 5136 EH1S 
son of the provision of voluntary services under this 
subsection. 
(3) REIMBURSEMENT
OF
INCIDENTAL
EX-
PENSES.—The Secretary may provide for reimburse-
ment of incidental expenses incurred by a person 
providing voluntary services under this subsection. 
The Secretary shall determine which expenses are el-
igible for reimbursement under this paragraph. 
(g) REPORT REQUIRED.—If the Secretary of Defense 
conducts the commemorative program, the Inspector Gen-
eral of the Department of Defense shall submit to Con-
gress, not later than 60 days after the end of the com-
memorative program, a report containing an accounting 
of— 
(1) all of the funds deposited into and expended 
from the Fund; 
(2) any other funds expended under this sec-
tion; and 
(3) any unobligated funds remaining in the 
Fund as of September 30, 2013, that are trans-
ferred to the Department of Defense Vietnam War 
Commemorative Fund pursuant to subsection (e)(5). 
(h) 
LIMITATION
ON
EXPENDITURES.—Using 
amounts appropriated to the Department of Defense, the
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•HR 5136 EH1S 
Secretary of Defense may not expend more than 
$5,000,000 to carry out the commemorative program. 
SEC. 579. ESTABLISHMENT OF COMBAT MEDEVAC BADGE. 
(a) ARMY.— 
(1) IN
GENERAL.—Chapter 357 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 3757. Combat Medevac Badge 
‘‘(a) ISSUANCE.—The Secretary of the Army shall 
issue a badge of appropriate design, to be known as the 
Combat Medevac Badge, to each person who while a mem-
ber of the Army served in combat on or after June 25, 
1950, as a pilot or crew member of a helicopter medical 
evacuation ambulance and who meets the requirements for 
the award of that badge. 
‘‘(b) ELIGIBILITY REQUIREMENTS.—The Secretary 
of the Army shall prescribe requirements for eligibility for 
the Combat Medevac Badge.’’. 
(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: 
‘‘3757. Combat Medevac Badge.’’. 
(b) NAVY AND MARINE CORPS.— 
(1) IN
GENERAL.—Chapter 567 of title 10, 
United States Code, is amended by adding at the 
end the following new section:
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•HR 5136 EH1S 
‘‘§ 6259. Combat Medevac Badge 
‘‘(a) ISSUANCE.—The Secretary of the Navy shall 
issue a badge of appropriate design, to be known as the 
Combat Medevac Badge, to each person who while a mem-
ber of the Navy or Marine Corps served in combat on or 
after June 25, 1950, as a pilot or crew member of a heli-
copter medical evacuation ambulance and who meets the 
requirements for the award of that badge. 
‘‘(b) ELIGIBILITY REQUIREMENTS.—The Secretary 
of the Navy shall prescribe requirements for eligibility for 
the Combat Medevac Badge.’’. 
(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: 
‘‘6259. Combat Medevac Badge.’’. 
(c) AIR FORCE.— 
(1) IN
GENERAL.—Chapter 857 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 8757. Combat Medevac Badge 
‘‘(a) ISSUANCE.—The Secretary of the Air Force 
shall issue a badge of appropriate design, to be known as 
the Combat Medevac Badge, to each person who while a 
member of the Air Force served in combat on or after 
June 25, 1950, as a pilot or crew member of a helicopter
224 
•HR 5136 EH1S 
medical evacuation ambulance and who meets the require-
ments for the award of that badge. 
‘‘(b) ELIGIBILITY REQUIREMENTS.—The Secretary 
of the Air Force shall prescribe requirements for eligibility 
for the Combat Medevac Badge.’’. 
(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: 
‘‘8757. Combat Medevac Badge.’’. 
(d) AWARD FOR SERVICE BEFORE DATE OF ENACT-
MENT.—In the case of persons who, while a member of 
the Armed Forces, served in combat as a pilot or crew 
member of a helicopter medical evacuation ambulance dur-
ing the period beginning on June 25, 1950, and ending 
on the date of enactment of this Act, the Secretary of the 
military department concerned shall issue the Combat 
Medevac Badge— 
(1) to each such person who is known to the 
Secretary before the date of enactment of this Act; 
and 
(2) to each such person with respect to whom 
an application for the issuance of the badge is made 
to the Secretary after such date in such manner, 
and within such time period, as the Secretary may 
require.
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•HR 5136 EH1S 
SEC. 580. 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. 
(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.
228 
•HR 5136 EH1S 
(B) the awarding of the Medal of Honor 
for service for which a Distinguished Service 
Cross, Navy Cross, or other military decoration 
has been awarded. 
(g) DEFINITIONS.—In this section: 
(1) The term ‘‘Jewish American World War I 
veteran’’ means any person who served in the Armed 
Forces during World War I and identified himself or 
herself as Jewish on his or her military personnel 
records. 
(2) The term ‘‘Secretary concerned’’ means— 
(A) the Secretary of the Army, in the case 
of the Army; and 
(B) the Secretary of the Navy, in the case 
of the Navy and the Marine Corps. 
(3) The term ‘‘World War I’’ means the period 
beginning on April 6, 1917, and ending on Novem-
ber 11, 1918.
229 
•HR 5136 EH1S 
Subtitle I—Military Family 
Readiness Matters 
SEC. 581. APPOINTMENT OF ADDITIONAL MEMBER OF DE-
PARTMENT OF DEFENSE MILITARY FAMILY 
READINESS COUNCIL. 
(a) INCLUSION OF SPOUSE OF GENERAL OR FLAG 
OFFICER.—Subsection (b) of section 1781a of title 10, 
United States Code, is amended— 
(1) in paragraph (1)— 
(A) by redesignating subparagraph (E) as 
subparagraph (F); and 
(B) by inserting after subparagraph (D) 
the following new subparagraph: 
‘‘(E) The spouse of a general or flag officer.’’; 
and 
(2) in paragraph (2), by striking ‘‘subpara-
graphs (C) and (D)’’ and inserting ‘‘subparagraphs 
(C), (D), and (E)’’. 
(b) CLARIFICATION OF APPOINTMENT OPTIONS FOR 
EXISTING MEMBER.—Subparagraph (F) of subsection 
(b)(1) of such section, as redesignated by subsection 
(a)(1)(A), is amended to read as follows: 
‘‘(F) In addition to the representatives ap-
pointed under subparagraphs (B) and (C), the sen-
ior enlisted advisor, or the spouse of a senior en-
230 
•HR 5136 EH1S 
listed member, from each of the Army, Navy, Marine 
Corps, and Air Force.’’. 
(c) APPOINTMENT BY SECRETARY OF DEFENSE.— 
Subsection (b) of such section is further amended— 
(1) in paragraph (1)— 
(A) in subparagraph (B), by striking ‘‘, 
who shall be appointed by the Secretary of De-
fense’’; 
(B) in subparagraph (C), by striking ‘‘, 
who shall be appointed by the Secretary of De-
fense’’ both places it appears; and 
(C) in subparagraph (D), by striking ‘‘by 
the Secretary of Defense’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(3) The Secretary of Defense shall appoint the 
members of the Council required by subparagraphs (B) 
through (F) of paragraph (1).’’. 
SEC. 582. DIRECTOR OF THE OFFICE OF COMMUNITY SUP-
PORT FOR MILITARY FAMILIES WITH SPE-
CIAL NEEDS. 
Subsection (c) of section 1781c of title 10, United 
States Code, is amended to read as follows: 
‘‘(c) DIRECTOR.—(1) The head of the Office shall be 
the Director of the Office of Community Support for Mili-
231 
•HR 5136 EH1S 
tary Families With Special Needs, who shall be a member 
of the Senior Executive Service or a general officer or flag 
officer. 
‘‘(2) In the discharge of the responsibilities of the Of-
fice, the Director shall be subject to the supervision, direc-
tion, and control of the Under Secretary of Defense for 
Personnel and Readiness.’’. 
SEC. 583. PILOT PROGRAM OF PERSONALIZED CAREER DE-
VELOPMENT 
COUNSELING 
FOR 
MILITARY 
SPOUSES. 
(a) PILOT PROGRAM REQUIRED.—Section 1784a of 
title 10, United States Code, 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) PERSONALIZED CAREER DEVELOPMENT COUN-
SELING.— 
‘‘(1) PILOT
PROGRAM
REQUIRED.—The Sec-
retary of Defense shall conduct a pilot program de-
signed to provide personalized career development 
counseling to the spouses of members of the armed 
forces eligible for assistance under this section, in-
cluding
the development of strategies, step-by-step 
guidelines, and customizable milestones—
232 
•HR 5136 EH1S 
‘‘(A) to promote a comprehensive, intro-
spective review of personal skills, experience, 
goals, and requirements with a view to devel-
oping a personalized plan for career develop-
ment; 
‘‘(B) to identify career options that are 
portable, personally rewarding, and compatible 
with personal strengths, skills, and experience; 
‘‘(C) to instruct and encourage the use of 
sound personal and professional management 
practices; and 
‘‘(D) to plan career attainment progression 
objectives and measure progress. 
‘‘(2) INCENTIVES TO FILL CRITICAL CIVILIAN 
SPECIALTIES.—In conducting the pilot program, the 
Secretary shall consider methods to provide incen-
tives for program participants to fill critical civilian 
specialties needed in the Department of Defense, in-
cluding the following: 
‘‘(A) Mental health and other health care. 
‘‘(B) Social work. 
‘‘(C) Family welfare. 
‘‘(D) Contract and acquisition manage-
ment. 
‘‘(E) Personal financial management.
233 
•HR 5136 EH1S 
‘‘(F) Day care services. 
‘‘(G) Education. 
‘‘(H) Military resale system. 
‘‘(I) Morale, welfare and recreation activi-
ties. 
‘‘(J) Law enforcement. 
‘‘(3) PROCESS REVIEWS.—The Secretary shall 
include in the pilot program a periodic review, to be 
conducted by counselors, of progress made by par-
ticipants to determine if changes to personal career 
strategies may be necessary. 
‘‘(4) NUMBER
OF
PARTICIPANTS.—The Sec-
retary of Defense shall enroll at least 75 military 
spouses in the pilot program, but not more than 150 
military spouses. 
‘‘(5) GEOGRAPHIC COVERAGE OF PILOT PRO-
GRAM.—The pilot program shall be conducted in at 
least three separate geographic areas, as determined 
by the Secretary of Defense. 
‘‘(6) COUNSELORS.—The Secretary of Defense 
may enter into contracts with career counselors to 
provide counseling services under the pilot program. 
There shall be at least one counselor in each of the 
geographic areas of the pilot program.
234 
•HR 5136 EH1S 
‘‘(7) ANNUAL EVALUATION.—The Secretary of 
Defense shall conduct an annual evaluation of the 
pilot program to determine the following: 
‘‘(A) The effectiveness of the pilot program 
in improving the ability of participants to iden-
tify, develop, and obtain employment in portable 
career fields. 
‘‘(B) The self-reported levels of profes-
sional satisfaction of participants. 
‘‘(C) The quality of careers selected and 
pursued. 
‘‘(D) The rates of success— 
‘‘(i) as determined and evaluated by 
participants; and 
‘‘(ii) as determined by the Secretary. 
‘‘(8) ANNUAL REPORT.— 
‘‘(A) REPORT REQUIRED.—The Secretary 
of Defense shall submit to the Committees on 
Armed Services of the Senate and the House of 
Representatives an annual report containing— 
‘‘(i) the results of the most-recent an-
nual evaluation conducted under paragraph 
(7); and 
‘‘(ii) the matters required by subpara-
graph (B).
235 
•HR 5136 EH1S 
‘‘(B) CONTENTS.—Each report under this 
paragraph shall contain, at a minimum, the fol-
lowing: 
‘‘(i) The number of participants in the 
pilot program. 
‘‘(ii) Recommendations for adjust-
ments to the pilot program. 
‘‘(iii) Recommendations for extending 
the pilot program or implementing a per-
manent comprehensive career development 
for military spouses. 
‘‘(C) TIME
FOR
SUBMISSION.—The first 
report under this subsection shall be submitted 
not later than one year after the date of the 
commencement of counseling services under the 
pilot program. Subsequent reports shall be sub-
mitted for each year of the pilot program, with 
the final report being submitted not later than 
90 days after the termination of the pilot pro-
gram. 
‘‘(9) TERMINATION.—The pilot program shall 
terminate at the end of the three-year period begin-
ning on the date on which the Secretary of Defense 
notifies the Committees on Armed Services of the 
Senate and the House of Representatives of the
236 
•HR 5136 EH1S 
commencement of counseling services under the pilot 
program.’’. 
(b) IMPLEMENTATION PLAN.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to Committees on Armed 
Services of the Senate and the House of Representatives 
a plan to implement the pilot program under subsection 
(d) of section 1784a of title 10, United States Code, as 
added by subsection (a). 
SEC. 584. MODIFICATION OF YELLOW RIBBON REINTEGRA-
TION PROGRAM. 
(a) OFFICE FOR REINTEGRATION PROGRAMS.—Sub-
section (d)(1) of section 582 of the National Defense Au-
thorization Act for Fiscal Year 2008 (Public Law 110– 
181; 10 U.S.C. 10101 note) is amended— 
(1) by striking ‘‘The Under’’ and inserting the 
following: 
‘‘(A) IN GENERAL.—The Under’’; and 
(2) in the last sentence— 
(A) by striking ‘‘The office may also’’ and 
inserting the following: 
‘‘(B) PARTNERSHIPS
AND
ACCESS.—The 
office may’’; 
(B) by inserting ‘‘and the Department of 
Veterans Affairs’’ after ‘‘Administration’’; and
237 
•HR 5136 EH1S 
(C) by adding at the end the following new 
sentence: ‘‘Service and State-based programs 
may provide access to curriculum, training, and 
support for services to members and families 
from all components.’’. 
(b) CENTER
FOR
EXCELLENCE
IN
REINTEGRA-
TION.—Subsection (d)(2) of such section is amended by 
adding at the end the following new sentence: ‘‘The Center 
shall develop and implement a process for evaluating the 
effectiveness of the Yellow Ribbon Reintegration Program 
in supporting the health and well-being of members of the 
Armed Forces and their families throughout the deploy-
ment cycle described in subsection (g)’’. 
(c) STATE DEPLOYMENT CYCLE SUPPORT TEAMS.— 
Subsection (f)(3) of such section is amended by inserting 
‘‘and community-based organizations’’ after ‘‘service pro-
viders’’. 
(d) OPERATION OF PROGRAM DURING DEPLOYMENT 
AND
POST-DEPLOYMENT-RECONSTITUTION
PHASES.— 
Subsection (g) of such section is amended— 
(1) in paragraph (3), by inserting ‘‘and to de-
crease the isolation of families during deployment’’ 
after ‘‘combat zone’’; and
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•HR 5136 EH1S 
(2) in paragraph (5)(A), by inserting ‘‘, pro-
viding information on employment opportunities,’’ 
after ‘‘communities’’. 
(e) ADDITIONAL OUTREACH SERVICE.—Subsection 
(h) of such section, as amended by section 595(1) of the 
National Defense Authorization Act for Fiscal Year 2010 
(Public Law 110–84; 123 Stat. 2338), is amended by add-
ing at the end the following new paragraph: 
‘‘(15) Resiliency training to promote com-
prehensive programs for members of the Armed 
Forces to build mental and emotional resiliency for 
successfully meeting the demands of the deployment 
cycle.’’. 
SEC. 585. IMPORTANCE OF OFFICE OF COMMUNITY SUP-
PORT FOR MILITARY FAMILIES WITH SPE-
CIAL NEEDS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Office of Community Support for Military 
Families with Special Needs, as established pursuant to 
section 1781c of title 10, United States Code, as added 
by section 563 of the National Defense Authorization Act 
for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 
2304), is the best structure— 
(1) to determine what medical, educational, and 
other support services are required by military fami-
239 
•HR 5136 EH1S 
lies with children who have a medical or educational 
special need; and 
(2) to ensure that those services are made avail-
able to military families with special needs. 
(b) SPECIFIC BUDGETING FOR OFFICE.—Effective 
with the Program Objective Memorandum to be issued for 
fiscal year 2012 and thereafter and containing rec-
ommended programming and resource allocations for the 
Department of Defense, the Secretary of Defense shall 
specifically address the Office of Community Support for 
Military Families with Special Needs to ensure that a sep-
arate line of funding is allocated to the Office. 
SEC. 586. COMPTROLLER GENERAL REPORT ON DEPART-
MENT OF DEFENSE OFFICE OF COMMUNITY 
SUPPORT FOR MILITARY FAMILIES WITH 
SPECIAL NEEDS. 
(a) REPORT REQUIRED.—The Comptroller General 
of the United States shall prepare a report identifying— 
(1) the progress made in implementing the Of-
fice of Community Support for Military Families 
with Special Needs, as established pursuant to sec-
tion 1781c of title 10, United States Code, as added 
by section 563 of the National Defense Authoriza-
tion Act for Fiscal Year 2010 (Public Law 111–84; 
123 Stat. 2304);
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•HR 5136 EH1S 
(2) the policies governing the operation of the 
Office; and 
(3) any gaps that still exist in ensuring that 
members of the Armed Forces who have dependents 
with special needs receive the support and services 
they deserve. 
(b) ELEMENTS OF REPORT.—In the report required 
by subsection (a), the Comptroller General shall specifi-
cally address the following: 
(1) The implementation of the responsibilities 
and duties assigned to the Office of Community 
Support for Military Families With Special Needs 
pursuant to subsections (d), (e), and (f) of section 
1781c of title 10, United States Code. 
(2) The manner in which the Department of 
Defense and the military departments intend to en-
sure that feedback is provided to the Office of Com-
munity Support for Military Families With Special 
Needs to ensure that the services and policy put in 
place are appropriate. 
(c) RECOMMENDATIONS.—The Comptroller General 
shall include in the report required by subsection (a) spe-
cific recommendations on the establishment, reporting re-
quirements, internal monitoring, and oversight of the Of-
fice of Community Support for Military Families With
241 
•HR 5136 EH1S 
Special Needs by the Under Secretary of Defense for Per-
sonnel and Readiness to ensure that the mission of the 
Office is being accomplished. 
(d) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Comptroller General shall 
submit the report required by subsection (a) to the con-
gressional defense committees. 
SEC. 587. COMPTROLLER GENERAL REPORT ON EXCEP-
TIONAL FAMILY MEMBER PROGRAM. 
(a) ASSESSMENT REQUIRED.—The Comptroller Gen-
eral of the United States shall conduct an assessment of 
the Exceptional Family Member Program of the Depart-
ment of Defense to review the operation of the program 
in each of the Armed Forces, including program policies, 
best practices, execution, implementation and strategic 
planning, to determine program variances and to make 
recommendations to improve and standardize program ef-
fectiveness and support for members of the Armed Forces 
who have dependents with special needs. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Comptroller General shall 
submit to the congressional defense committees a report 
containing the results of the assessment and review under 
subsection (a).
242 
•HR 5136 EH1S 
SEC. 588. COMPTROLLER GENERAL REVIEW OF DEPART-
MENT OF DEFENSE MILITARY SPOUSE EM-
PLOYMENT PROGRAMS. 
(a) COMPTROLLER GENERAL REVIEW.—The Comp-
troller General of the United States shall carry out a re-
view of all Department of Defense spouse employment pro-
grams. 
(b) ELEMENTS OF REVIEW.—At a minimum, the re-
view shall address the following: 
(1) The efficacy and effectiveness of Depart-
ment of Defense spouse employment programs. 
(2) All current Department of Defense pro-
grams that are in place to support military spouses 
or dependents for the purposes of employment as-
sistance. 
(3) The types of military spouse employment 
programs that have been considered or used in the 
past by the Department of Defense. 
(4) The ways in which military spouse employ-
ment programs have changed in recent years. 
(5) The benefits or programs that are specifi-
cally available to support military spouses of mem-
bers of the Armed Forces serving in Operation Iraqi 
Freedom or Operation Enduring Freedom. 
(6) The existing feedback mechanisms available 
for military spouses to express their views on the ef-
243 
•HR 5136 EH1S 
fectiveness and future direction of relevant Depart-
ment of Defense programs and policies. 
(7) The degree of oversight provided by the Of-
fice of Personnel and Management regarding mili-
tary spouse preferences. 
(c) SUBMISSION OF RESULTS.—Not later than March 
1, 2011, the Comptroller General shall submit to the con-
gressional defense committees a report containing— 
(1) the results of the review; 
(2) the assumptions upon which the review was 
based and the validity and completeness of such as-
sumptions; and 
(3) such recommendations as the Comptroller 
General considers necessary for improving Depart-
ment of Defense spouse employment programs. 
SEC. 589. REPORT ON DEPARTMENT OF DEFENSE MILITARY 
SPOUSE EDUCATION PROGRAMS. 
(a) REVIEW REQUIRED.—The Secretary of Defense 
shall carry out a review of all Department of Defense edu-
cation programs designed to support spouses of members 
of the Armed Forces. 
(b) ELEMENTS OF REVIEW.—At a minimum, the re-
view shall evaluate the following:
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•HR 5136 EH1S 
(1) All current Department of Defense pro-
grams that are in place to advance military spouse 
education opportunities. 
(2) The efficacy and effectiveness of Depart-
ment of Defense spouse education programs. 
(3) The effect that a lack military spouse edu-
cation opportunities has on the ability to retain 
members of the Armed Forces. 
(4) A comparison of the costs associated with 
providing military spouse education opportunities to 
retain members rather than recruiting or training 
new members. 
(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 congressional defense 
committees a report containing— 
(1) the results of the review; and 
(2) such recommendations as the Secretary con-
siders necessary for improving Department of De-
fense spouse education programs. 
SEC. 590. ANNUAL LEAVE FOR FAMILY OF DEPLOYED MEM-
BERS OF THE UNIFORMED SERVICES. 
(a) IN GENERAL.—Part III of title 38, United States 
Code, is amended by adding at the end the following new 
chapter:
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•HR 5136 EH1S 
‘‘CHAPTER 44—ANNUAL LEAVE FOR FAM-
ILY OF DEPLOYED MEMBERS OF THE 
UNIFORMED SERVICES 
‘‘Sec. 
‘‘4401. Definitions. 
‘‘4402. Leave requirement. 
‘‘4403. Certification. 
‘‘4404. Employment and benefits protection. 
‘‘4405. Prohibited acts. 
‘‘4406. Enforcement. 
‘‘4407. Miscellaneous provisions. 
‘‘§ 4401. Definitions 
‘‘In this chapter: 
‘‘(1) The terms ‘benefit’, ‘rights and benefits’, 
‘employee’, ‘employer’, and ‘uniformed services’ have 
the meaning given such terms in section 4303 of 
this title. 
‘‘(2) The term ‘contingency operation’ has the 
same meaning given such term in section 101(a)(13) 
of title 10. 
‘‘(3) The term ‘eligible employee’ means an in-
dividual who is— 
‘‘(A) a family member of a member of a 
uniformed service; 
‘‘(B) an employee of the employer with re-
spect to whom leave is requested under section 
4402 of this title; and
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‘‘(C) not entitled to leave under section 
102(a)(1)(E) of the Family Medical Leave Act 
of 1993 (29 U.S.C. 2612(a)(1)(E)). 
‘‘(4) The term ‘family member’ means an indi-
vidual who is, with respect to another individual, one 
of the following: 
‘‘(A) The spouse of the other individual. 
‘‘(B) A son or daughter of the other indi-
vidual. 
‘‘(C) A parent of the other individual. 
‘‘(5) The term ‘reduced leave schedule’ means a 
leave schedule that reduces the usual number of 
hours per workweek, or hours per workday, of an 
employee. 
‘‘(6) The terms ‘spouse’, ‘son or daughter’, and 
‘parent’ have the meaning given such terms in sec-
tion 101 of the Family and Medical Leave Act of 
1993 (29 U.S.C. 2611). 
‘‘§ 4402. Leave requirement 
‘‘(a) ENTITLEMENT TO LEAVE.—In any 12-month 
period, an eligible employee shall be entitled to two work-
weeks of leave for each family member of the eligible em-
ployee who, during such 12-month period— 
‘‘(1) is in the uniformed services; and
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‘‘(2)(A) receives notification of an impending 
call or order to active duty in support of a contin-
gency operation; or 
‘‘(B) is deployed in connection with a contin-
gency operation. 
‘‘(b) LEAVE TAKEN INTERMITTENTLY OR ON RE-
DUCED LEAVE SCHEDULE.—(1) Leave under subsection 
(a) may be taken by an eligible employee intermittently 
or on a reduced leave schedule as the eligible employee 
considers appropriate. 
‘‘(2) The taking of leave intermittently or on a re-
duced leave schedule pursuant to this subsection shall not 
result in a reduction in the total amount of leave to which 
the eligible employee is entitled under subsection (a) be-
yond the amount of leave actually taken. 
‘‘(c) PAID
LEAVE
PERMITTED.—Leave granted 
under subsection (a) may consist of paid leave or unpaid 
leave as the employer of the eligible employee considers 
appropriate. 
‘‘(d) RELATIONSHIP TO PAID LEAVE.—(1) If an em-
ployer provides paid leave to an eligible employee for fewer 
than the total number of workweeks of leave that the eligi-
ble employee is entitled to under subsection (a), the addi-
tional amount of leave necessary to attain the total num-
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ber of workweeks of leave required under subsection (a) 
may be provided without compensation. 
‘‘(2) An eligible employee may elect, and an employer 
may not require the eligible employee, to substitute any 
of the accrued paid vacation leave, personal leave, or fam-
ily leave of the eligible employee for leave provided under 
subsection (a) for any part of the total period of such leave 
the eligible employee is entitled to under such subsection. 
‘‘(e) NOTICE FOR LEAVE.—In any case in which an 
eligible employee chooses to use leave under subsection 
(a), the eligible employee shall provide such notice to the 
employer as is reasonable and practicable. 
‘‘§ 4403. Certification 
‘‘(a) IN GENERAL.—An employer may require that 
a request for leave under section 4402(a) of this title be 
supported by a certification of entitlement to such leave. 
‘‘(b) TIMELINESS OF CERTIFICATION.—An eligible 
employee shall provide, in a timely manner, a copy of the 
certification required by subsection (a) to the employer. 
‘‘(c) SUFFICIENT CERTIFICATION.—A copy of the no-
tification, call, or order described in section 4402(a)(2) of 
this title shall be considered sufficient certification of enti-
tlement to leave for purposes of providing certification 
under this section. The Secretary may prescribe such addi-
tional forms and manners of certification as the Secretary
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considers appropriate for purposes of providing certifi-
cation under this section. 
‘‘§ 4404. Employment and benefits protection 
‘‘(a) IN GENERAL.—An eligible employee who takes 
leave under section 4402 of this title for the intended pur-
pose of the leave shall be entitled, on return from such 
leave— 
‘‘(1) to be restored by the employer to the posi-
tion of employment held by the eligible employee 
when the leave commenced; or 
‘‘(2) to be restored to an equivalent position 
with equivalent rights and benefits of employment. 
‘‘(b) LOSS OF BENEFITS.—The taking of leave under 
section 4402 of this title shall not result in the loss of 
any employment benefit accrued prior to the date on which 
the leave commenced. 
‘‘(c) LIMITATIONS.—Nothing in this section shall be 
construed to entitle any restored employee to— 
‘‘(1) the accrual of any seniority or employment 
benefits during any period of leave; or 
‘‘(2) any right, benefit, or position of employ-
ment other than any right, benefit, or position to 
which the employee would have been entitled had the 
employee not taken the leave.
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SEC. 590A. CODIFICATION AND CONTINUATION OF JOINT 
FAMILY SUPPORT ASSISTANCE PROGRAM. 
(a) CODIFICATION
AND CONTINUATION.—Chapter 
88, of title 10, United States Code, is amended by insert-
ing after section 1788 the following new section: 
‘‘§ 1788a. Joint Family Support Assistance Program 
‘‘(a) PROGRAM REQUIRED.—The Secretary of De-
fense shall continue to carry out the program known as 
the ‘Joint Family Support Assistance Program’ for the 
purpose of providing to families of members of the armed 
forces the following types of assistance: 
‘‘(1) Financial and material assistance. 
‘‘(2) Mobile support services. 
‘‘(3) Sponsorship of volunteers and family sup-
port professionals for the delivery of support serv-
ices. 
‘‘(4) Coordination of family assistance pro-
grams 
and 
activities 
provided 
by 
Military 
OneSource, Military Family Life Consultants, coun-
selors, the Department of Defense, other Federal 
agencies, State and local agencies, and non-profit 
entities. 
‘‘(5) Facilitation of discussion on military fam-
ily assistance programs, activities, and initiatives be-
tween and among the organizations, agencies, and 
entities referred to in paragraph (4).
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‘‘(6) Non-medical counseling. 
‘‘(7) Such other assistance that the Secretary 
considers appropriate. 
‘‘(b) LOCATIONS.—The Secretary of Defense shall 
carry out the program in at least six areas of the United 
States selected by the Secretary. Up to three of the areas 
selected for the program shall be areas that are geographi-
cally isolated from military installations. 
‘‘(c) RESOURCES AND VOLUNTEERS.—The Secretary 
of Defense shall provide personnel and other resources of 
the Department of Defense necessary for the implementa-
tion and operation of the program and may accept and 
utilize the services of non-Government volunteers and non- 
profit entities under the program. 
‘‘(d) PROCEDURES.—The Secretary of Defense shall 
establish procedures for the operation of the program and 
for the provision of assistance to families of members of 
the Armed Forces under the program. 
‘‘(e) RELATION TO FAMILY SUPPORT CENTERS.— 
The program is not intended to operate in lieu of other 
family support centers, but is instead intended to augment 
the activities of the family support centers.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of subchapter I of such chapter is amend-
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ed by inserting after the item relating to section 1788a 
the following new item: 
‘‘1788a. Joint Family Support Assistance Program.’’. 
(c) REPEAL OF SUPERCEDED PROVISION.—Section 
675 of the John Warner National Defense Authorization 
Act for Fiscal Year 2007 (Public Law 109–364; 119 Stat. 
2273; 10 U.S.C. 1781 note) is repealed. 
Subtitle J—Other Matters 
SEC. 591. ESTABLISHMENT OF JUNIOR RESERVE OFFICERS’ 
TRAINING CORPS UNITS FOR STUDENTS IN 
GRADES ABOVE SIXTH GRADE. 
Section 2031 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(g)(1) In addition to units of the Junior Reserve Of-
ficers’ Training Corps established at public and private 
secondary educational institutions under subsection (a), 
the Secretary of each military department may carry out 
a pilot program to establish and support units at public 
and private educational institutions that are not secondary 
educational institutions to permit the enrollment of stu-
dents in the Corps who, notwithstanding the limitation in 
subsection (b)(1), are in a grade above the sixth grade. 
Under the pilot program, the Secretary may authorize a 
course of military instruction of not less than two aca-
demic years’ duration, notwithstanding subsection (b)(3).
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‘‘(2) Except as provided in paragraph (1), a unit of 
the Junior Reserve Officers’ Training Corps established 
and supported under the pilot program must meet the re-
quirements of this section. 
‘‘(3) The Secretary of the military department con-
cerned shall conduct a review of the pilot program. The 
review shall include an evaluation of what impacts, if any, 
the pilot program may have on the operation of the Junior 
Reserve Officers’ Training Corps in secondary educational 
institutions.’’. 
SEC. 592. INCREASE IN NUMBER OF PRIVATE SECTOR CI-
VILIANS AUTHORIZED FOR ADMISSION TO 
NATIONAL DEFENSE UNIVERSITY. 
Section 2167(a) of title 10, United States Code, is 
amended by striking ‘‘20 full-time student positions’’ and 
inserting ‘‘35 full-time student positions’’. 
SEC. 593. ADMISSION OF DEFENSE INDUSTRY CIVILIANS TO 
ATTEND UNITED STATES AIR FORCE INSTI-
TUTE OF TECHNOLOGY. 
(a) ADMISSION AUTHORITY.—Chapter 901 of title 
10, United States Code, is amended by inserting after sec-
tion 9314 the following new section:
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‘‘§ 9314a. United States Air Force Institute of Tech-
nology: admission of defense industry ci-
vilians 
‘‘(a) ADMISSION AUTHORIZED.—(1) The Secretary of 
the Air Force may permit defense industry employees de-
scribed in subsection (b) to receive instruction at the 
United States Air Force Institute of Technology in accord-
ance with this section. Any such defense industry em-
ployee may be enrolled in, and may be provided instruction 
in, a program leading to a graduate degree in a defense 
focused curriculum related to aeronautics and astronau-
tics, electrical and computer engineering, engineering 
physics, mathematics and statistics, operational sciences, 
or systems and engineering management. 
‘‘(2) No more than 125 defense industry employees 
may be enrolled at the United States Air Force Institute 
of Technology at any one time under the authority of 
paragraph (1). 
‘‘(3) Upon successful completion of the course of in-
struction at the United States Air Force Institute of Tech-
nology in which a defense industry employee is enrolled, 
the defense industry employee may be awarded an appro-
priate degree under section 9314 of this title. 
‘‘(b) ELIGIBLE DEFENSE INDUSTRY EMPLOYEES.— 
For purposes of this section, an eligible defense industry 
employee is an individual employed by a private firm that
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•HR 5136 EH1S 
is engaged in providing to the Department of Defense sig-
nificant and substantial defense-related systems, products, 
or services. A defense industry employee admitted for in-
struction at the United States Air Force Institute of Tech-
nology remains eligible for such instruction only so long 
at that person remains employed by the same firm. 
‘‘(c) ANNUAL DETERMINATION BY THE SECRETARY 
OF THE AIR FORCE.—Defense industry employees may re-
ceive instruction at the United States Air Force Institute 
of Technology during any academic year only if, before 
the start of that academic year, the Secretary of the Air 
Force, or the designee of the Secretary, determines that 
providing instruction to defense industry employees under 
this section during that year— 
‘‘(1) will further the military mission of the 
United States Air Force Institute of Technology; 
and 
‘‘(2) will be done on a space-available basis and 
not require an increase in the size of the faculty of 
the school, an increase in the course offerings of the 
school, or an increase in the laboratory facilities or 
other infrastructure of the school. 
‘‘(d) PROGRAM REQUIREMENTS.—The Secretary of 
the Air Force shall ensure that—
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•HR 5136 EH1S 
tion, to the extent practicable, are subject to the same reg-
ulations governing academic performance, attendance, 
norms of behavior, and enrollment as apply to Government 
civilian employees receiving instruction at the school.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 9314 the following new 
item: 
‘‘9314a. United States Air Force Institute of Technology: admission of defense 
industry civilians.’’. 
SEC. 594. DATE FOR SUBMISSION OF ANNUAL REPORT ON 
DEPARTMENT OF DEFENSE STARBASE PRO-
GRAM. 
Section 2193b(g) of title 10, United States Code, is 
amended by striking ‘‘90 days after the end of each fiscal 
year’’ and inserting ‘‘March 31 of each year’’. 
SEC. 595. EXTENSION OF DEADLINE FOR SUBMISSION OF 
FINAL REPORT OF MILITARY LEADERSHIP DI-
VERSITY COMMISSION. 
Section 596(e)(1) of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public 
Law 110–417; 122 Stat. 4478) is amended by striking 
‘‘12 months’’ and inserting ‘‘18 months’’.
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SEC. 596. ENHANCED AUTHORITY FOR MEMBERS OF THE 
ARMED FORCES AND DEPARTMENT OF DE-
FENSE AND COAST GUARD CIVILIAN EMPLOY-
EES AND THEIR FAMILIES TO ACCEPT GIFTS 
FROM NON-FEDERAL ENTITIES. 
(a) CODIFICATION
AND EXPANSION
OF EXISTING 
AUTHORITY TO COVER ADDITIONAL MEMBERS AND EM-
PLOYEES.— 
(1) CODIFICATION AND EXPANSION.—Chapter 
155 of title 10, United States Code, is amended by 
inserting after section 2601 the following new sec-
tion: 
‘‘§ 2601a. Direct acceptance of gifts by members of 
the armed forces and Department of De-
fense and Coast Guard employees and 
their families 
‘‘(a) REGULATIONS GOVERNING ACCEPTANCE
OF 
GIFTS.—(1) The Secretary of Defense (and the Secretary 
of Homeland Security in the case of the Coast Guard) 
shall issue regulations to provide that, subject to such lim-
itations as may be specified in such regulations, the fol-
lowing individuals may accept gifts from nonprofit organi-
zations, private parties, and other sources outside the De-
partment of Defense or the Department of Homeland Se-
curity:
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‘‘(A) A member of the armed forces described 
in subsection (c). 
‘‘(B) A civilian employee of the Department of 
Defense or Coast Guard described in subsection (d). 
‘‘(C) The family members of such a member or 
employee. 
‘‘(D) Survivors of such a member or employee 
who is killed. 
‘‘(2) The regulations required by this subsection shall 
apply uniformly to all elements of the Department of De-
fense and, to the maximum extent feasible, to the Coast 
Guard. 
‘‘(b) EXCEPTION TO GIFT BAN.—A member of the 
armed forces described in subsection (c) and a civilian em-
ployee described in subsection (d) may accept gifts as pro-
vided in the regulations issued under subsection (a) not-
withstanding section 7353 of title 5. 
‘‘(c) COVERED MEMBERS.—This section applies to a 
member of the armed forces who, while performing active 
duty, full-time National Guard duty, or inactive-duty 
training on or after September 11, 2001, incurred an in-
jury or illness— 
‘‘(1) as described in section 1413a(e)(2) of this 
title;
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•HR 5136 EH1S 
‘‘(2) in an operation or area designated as a 
combat operation or a combat zone by the Secretary 
of Defense in accordance with the regulations issued 
under subsection (a); or 
‘‘(3) under other circumstances determined by 
the Secretary concerned to warrant treatment analo-
gous to members covered by paragraph (1) or (2). 
‘‘(d) COVERED EMPLOYEES.—This section applies to 
a civilian employee of the Department of Defense or Coast 
Guard who, while an employee on or after September 11, 
2001, incurred an injury or illness under a circumstance 
described in paragraph (1), (2), or (3) of subsection (c). 
‘‘(e) GIFTS
FROM
CERTAIN
SOURCES
PROHIB-
ITED.—The regulations issued under subsection (a) may 
not authorize the acceptance of a gift from a foreign gov-
ernment or international organization or their agents.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 2601 
the following new item: 
‘‘2601a. Direct acceptance of gifts by members of the armed forces and Depart-
ment of Defense and Coast Guard employees and their fami-
lies.’’. 
(b) REPEAL OF SUPERCEDED PROVISION.—Section 
8127 of the Department of Defense Appropriations Act, 
2006 (division A of Public Law 109–148; 119 Stat. 2730; 
10 U.S.C. 2601 note prec.) is repealed.
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•HR 5136 EH1S 
(c) APPLICATION
OF EXISTING REGULATIONS.— 
Pending the issuance of the regulations required by sub-
section (a) of section 2601a of title 10, United States 
Code, as added by subsection (a), the regulations pre-
scribed under section 8127 of the Department of Defense 
Appropriations Act, 2006 (division A of Public Law 109– 
148; 119 Stat. 2730; 10 U.S.C. 2601 note prec.) shall 
apply to the acceptance of gifts under such section 2601a. 
(d) RETROACTIVE
APPLICABILITY
OF
REGULA-
TIONS.—The regulations issued under subsection (a) of 
section 2601a of title 10, United States Code, as added 
by subsection (a), shall, to the extent provided in such reg-
ulations, also apply to the acceptance of gifts during the 
period beginning on September 11, 2001, and ending on 
the date on which such regulations go into effect. 
SEC. 597. REPORT ON PERFORMANCE AND IMPROVEMENTS 
OF TRANSITION ASSISTANCE PROGRAM. 
(a) REPORT REQUIRED.—The Secretary of Defense 
shall prepare a report on the Transition Assistance Pro-
gram of the Department of Defense. 
(b) ELEMENTS.—The report shall include the fol-
lowing: 
(1) A statement and analysis of the rates of 
post-separation employment rates compared with the
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general population annually since September 11, 
2001. 
(2) A chronological summary of the evolution 
and development of the Transition Assistance Pro-
gram since September 11, 2001. 
(3) A description of efforts to transform the 
Transition Assistance Program from one of end-of- 
service transition to a life-cycle model, in which 
transition is considered throughout the career of a 
member of the Armed Forces. 
(4) An analysis of current and future challenges 
members continue to face upon entering the civilian 
work force, including a survey of the following indi-
viduals and organizations to identify strengths and 
shortcomings in the Transition Assistance Program: 
(A) 
A 
representational 
population 
of 
transitioning or recently separated members. 
(B) Employers with a track record of em-
ploying retired or separating members. 
(C) Veterans service organizations and ad-
vocacy groups. 
(5) 
Any 
recommendations, 
including 
rec-
ommendations for legislative action, that the Sec-
retary of Defense considers appropriate to improve
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•HR 5136 EH1S 
(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. Troops-to-Teachers Program.’’. 
(c) 
CONFORMING
AMENDMENT.—Section 
1142(b)(4)(C) of such title is amended by striking ‘‘under 
sections 1152 and 1153 of this title and the Troops-to- 
Teachers Program under section 2302 of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 6672)’’ 
and inserting ‘‘under sections 1152, 1153, and 1154 of 
this title’’. 
(d) TERMINATION OF ORIGINAL PROGRAM.— 
(1) TERMINATION.— 
(A) Chapter A of subpart 1 of part C of 
the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6671 et seq.) is repealed. 
(B) The table of contents in section 2 of 
part I of the Elementary and Secondary Edu-
cation Act of 1965 is amended by striking the 
items relating to chapter A of subpart 1 of part 
C of said Act. 
(2) EXISTING
AGREEMENTS.—The repeal of 
such chapter shall not affect the validity or terms of 
any agreement entered into before the date of the 
enactment of this Act under chapter A of subpart 1 
of part C of the Elementary and Secondary Edu-
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•HR 5136 EH1S 
‘‘(b) COVERED ATTACKS.— 
‘‘(1) ATTACKS
DESCRIBED.—Except as pro-
vided in paragraph (2), an attack covered by sub-
section (a) is any assault or battery resulting in bod-
ily injury or death committed by an individual who 
the Secretary of Defense determines knowingly tar-
geted— 
‘‘(A) a member of the armed forces on ac-
count of the military service of the member or 
the status of member as a member of the 
Armed Forces; or 
‘‘(B) a civilian employee of the Depart-
ment of Defense on account of the employee’s 
employment with the Department of Defense or 
affiliation with the Department of Defense. 
‘‘(2) GEOGRAPHIC EXCLUSION.—Subsection (a) 
does not apply to any attack that— 
‘‘(A) occurs in a combat zone; or 
‘‘(B) in the case of a civilian employee of 
the Department, occurs while the employee is 
serving with the armed forces in a contingency 
operation. 
‘‘(c) CALCULATION OF COMPENSATION AMOUNT.— 
The Secretary of Defense shall identify, in consultation 
with all relevant Federal agencies, including the Depart-