184 
‘‘(4) TREATMENT OF STIPEND AND BONUS.—A 
stipend or bonus paid under this subsection to a par-
ticipant shall be taken into account in determining 
the eligibility of the participant for Federal student 
financial assistance provided under title IV of the 
Higher Education Act of 1965 (20 U.S.C. 1070 et 
seq.). 
‘‘(f) 
REIMBURSEMENT
UNDER
CERTAIN
CIR-
CUMSTANCES.— 
‘‘(1) REIMBURSEMENT
REQUIRED.—A partici-
pant who is paid a stipend or bonus under this sub-
section shall be subject to the repayment provisions of 
section 373 of title 37 under the following cir-
cumstances: 
‘‘(A) The participant fails to obtain teacher 
certification or licensing or to obtain employ-
ment as an elementary school teacher, secondary 
school teacher, or career or technical teacher as 
required by the participation agreement under 
subsection (e)(1). 
‘‘(B) The participant voluntarily leaves, or 
is terminated for cause from, employment as an 
elementary school teacher, secondary school 
teacher, or career or technical teacher during the 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00184
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
185 
three years of required service in violation of the 
participation agreement. 
‘‘(C) The participant executed a written 
agreement with the Secretary concerned under 
subsection (d)(5)(B) to serve as a member of a 
reserve component of the armed forces for a pe-
riod of three years and fails to complete the re-
quired term of service. 
‘‘(2) AMOUNT OF REIMBURSEMENT.—A partici-
pant required to reimburse the Secretary for a sti-
pend or bonus paid to the participant under sub-
section (e) shall pay an amount that bears the same 
ratio to the amount of the stipend or bonus as the 
unserved portion of required service bears to the three 
years of required service. 
‘‘(3) INTEREST.—Any amount owed by a partic-
ipant under this subsection shall bear interest at the 
rate equal to the highest rate being paid by the 
United States on the day on which the reimbursement 
is determined to be due for securities having matu-
rities of 90 days or less and shall accrue from the day 
on which the participant is first notified of the 
amount due. 
‘‘(4) EXCEPTIONS TO REIMBURSEMENT REQUIRE-
MENT.—A participant shall be excused from reim-
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00185
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
186 
bursement under this subsection if the participant be-
comes permanently totally disabled as established by 
sworn affidavit of a qualified physician. The Sec-
retary may also waive the reimbursement in cases of 
extreme hardship to the participant, as determined by 
the Secretary. 
‘‘(g) RELATIONSHIP
TO EDUCATIONAL ASSISTANCE 
UNDER MONTGOMERY GI BILL.—Except as provided in 
subsection (e)(3)(C)(iii), the receipt by a participant of a 
stipend or bonus under subsection (e) shall not reduce or 
otherwise affect the entitlement of the participant to any 
benefits under chapter 30 or 33 of title 38 or chapter 1606 
of this title. 
‘‘(h) PARTICIPATION BY STATES.— 
‘‘(1) DISCHARGE OF STATE ACTIVITIES THROUGH 
CONSORTIA OF STATES.—The Secretary may permit 
States participating in the Program to carry out ac-
tivities authorized for such States under the Program 
through one or more consortia of such States. 
‘‘(2) ASSISTANCE
TO
STATES.—(A) Subject to 
subparagraph (B), the Secretary may make grants to 
States participating in the Program, or to consortia 
of such States, in order to permit such States or con-
sortia of States to operate offices for purposes of re-
cruiting eligible members of the armed forces for par-
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00186
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
187 
ticipation in the Program and facilitating the em-
ployment of participants as elementary school teach-
ers, secondary school teachers, and career or technical 
teachers. 
‘‘(B) The total amount of grants made under 
subparagraph (A) in any fiscal year may not exceed 
$5,000,000. 
‘‘(i) LIMITATION
ON TOTAL FISCAL-YEAR OBLIGA-
TIONS.—The total amount obligated by the Secretary under 
the Program for any fiscal year may not exceed 
$15,000,000.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
adding at the end the following new item: 
‘‘1154. Assistance to eligible members and former members to obtain employment 
as teachers: Troops-to-Teachers Program.’’. 
(c) CONFORMING AMENDMENT.—Subparagraph (C) of 
section 1142(b)(4) of such title is amended by striking ‘‘sec-
tion 2302’’ and all that follows through the end of the sub-
paragraph and inserting ‘‘under section 1154 of this title.’’. 
(d) TERMINATION OF DEPARTMENT OF EDUCATION 
TROOPS-TO-TEACHERS PROGRAM.— 
(1) TERMINATION.—Chapter A of subpart 1 of 
part C of title II of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6671 et seq.) is re-
pealed. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00187
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
188 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 2 of the Elementary and Secondary 
Education Act 1965 is amended by striking the items 
relating to chapter A of subpart 1 of part C of title 
II of such Act. 
(3) EXISTING
AGREEMENTS.—The repeal of 
chapter A of subpart 1 of part C of title II of the Ele-
mentary and Secondary Education Act of 1965 (20 
U.S.C. 6671 et seq.) by paragraph (1) shall not af-
fect— 
(A) the validity or terms of any agreement 
entered into under such chapter, as in effect im-
mediately before such repeal, before the effective 
date of the transfer of the Troops-to-Teachers 
Program under subsection (a); or 
(B) the authority to pay assistance, make 
grants, or obtain reimbursement in connection 
with such an agreement as in effect before the ef-
fective date of the transfer of the Troops-to- 
Teachers Program under subsection (a). 
SEC. 542. SUPPORT OF NAVAL ACADEMY ATHLETIC AND 
PHYSICAL FITNESS PROGRAMS. 
(a) AUTHORITY TO SUPPORT PROGRAMS.—Chapter 
603 of title 10, United States Code, is amended by adding 
at the end the following new section: 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00188
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
189 
‘‘§ 6981. Support of athletic and physical fitness pro-
grams 
‘‘(a) AUTHORITY.—The Secretary of the Navy may 
enter into agreements, including cooperative agreements (as 
described in section 6305 of title 31), with the Naval Acad-
emy Athletic Association and its successors and assigns (in 
this section referred to as the ‘association’) to manage any 
aspect of the athletic and physical fitness programs of the 
Naval Academy. 
‘‘(b) AUTHORITY TO PROVIDE SUPPORT TO ASSOCIA-
TION.—(1) The Secretary of the Navy may to transfer funds 
to the association to pay expenses incurred by the associa-
tion in managing the athletic and physical fitness programs 
of the Naval Academy. 
‘‘(2) The Secretary may provide personal property and 
the services of members of the naval service and civilian 
personnel of the Department of the Navy to assist the asso-
ciation in managing the athletic and physical fitness pro-
grams of the Naval Academy. 
‘‘(c) ACCEPTANCE
OF GIFTS FROM
THE ASSOCIA-
TION.—The Secretary of the Navy may accept from the as-
sociation funds, supplies, and services for the support of the 
athletic and physical fitness programs of the Naval Acad-
emy. 
‘‘(d) RECEIPT AND RETENTION OF FUNDS FROM ASSO-
CIATION AND OTHER SOURCES.—(1) The Secretary of the 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00189
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
190 
Navy may receive from the association funds generated by 
the athletic and physical fitness programs of the Naval 
Academy and any other activity of the association and to 
retain and use such funds to further the mission of the 
Naval Academy. Receipt and retention of such funds shall 
be subject to oversight by the Secretary. 
‘‘(2) The Secretary may accept, use, and retain funds 
from the National Collegiate Athletic Association and to 
transfer all or part of those funds to the association for the 
support of the athletic and physical fitness programs of the 
Naval Academy. 
‘‘(e) USER FEES.—The Secretary of the Navy may 
charge user fees to the association for the association’s use 
of Naval Academy facilities for the conduct of summer ath-
letic camps. Fees collected under this subsection may be re-
tained for use in support of the Naval Academy athletic 
program and shall remain available until expended. 
‘‘(f) LICENSING, MARKETING, 
AND
SPONSORSHIP 
AGREEMENTS.—(1) The Secretary of the Navy may enter 
into an agreement with the association authorizing the as-
sociation to represent the Department of the Navy in con-
nection with licensing, marketing, and sponsorship agree-
ments relating to trademarks and service marks identifying 
the Naval Academy, to the extent authorized by the Chief 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00190
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
191 
of Naval Research and in accordance with sections 2260 
and 5022 of this title. 
‘‘(2) Notwithstanding section 2260(d)(2) of this title, 
any funds generated by the licensing, marketing, and spon-
sorship under a agreement entered into under paragraph 
(1) may be accepted, used, and retained by the Secretary, 
or transferred by the Secretary to the association, for— 
‘‘(A) payment of the costs of securing trademark 
registrations and operating of licensing programs; or 
‘‘(B) supporting the athletic and physical fitness 
programs of the Naval Academy. 
‘‘(g) AUTHORIZED SERVICE ON BOARD OF DIREC-
TORS.—The Secretary may authorize members of the naval 
service and civilian personnel of the Department of the 
Navy to serve in accordance with sections 1033 and 1589 
of this title as members of the governing board of the asso-
ciation. 
‘‘(h) CONDITIONS.—The authority provided in this sec-
tion with respect to the association is available only so long 
as the association continues— 
‘‘(1) to qualify as a nonprofit organization 
under section 501(c)(3) of the Internal Revenue Code 
of 1986 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00191
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
192 
‘‘(2) to operate in accordance with this section, 
the laws of the State of Maryland, and the constitu-
tion and bylaws of the association; and 
‘‘(3) to operate exclusively to support the athletic 
and physical fitness programs of the Naval Academy. 
‘‘(i) CONGRESSIONAL NOTIFICATION.—Not later than 
60 days after the date on which the Secretary of the Navy 
enters into an agreement under the authority of this section, 
the Secretary shall provide a copy of the agreement to the 
congressional defense committees.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘6981. Support of athletic and physical fitness programs.’’. 
SEC. 543. DEPARTMENT OF DEFENSE INSPECTOR GENERAL 
REVIEW OF ACCESS TO MILITARY INSTALLA-
TIONS BY REPRESENTATIVES OF FOR-PROFIT 
EDUCATIONAL INSTITUTIONS. 
(a) REVIEW REQUIRED.—The Inspector General of the 
Department of Defense shall conduct a review to determine 
the extent of the access that representatives of for-profit edu-
cational institutions have to military installations and 
whether there are adequate safeguards in place to regulate 
such access. 
(b) ELEMENTS OF REVIEW.—The review shall deter-
mine at a minimum the following: 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00192
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
193 
(1) The extent to which representatives of for- 
profit educational institutions are accessing military 
installations for marketing and recruitment purposes. 
(2) Whether there uniform and robust enforce-
ment of DOD Directive 1344.07. 
(3) Whether additional Department rules, poli-
cies, or oversight mechanisms should be put in place 
to regulate such practices. 
(c) INSPECTOR GENERAL ACCESS.—The Secretary of 
Defense shall ensure that the Inspector General has access 
to all Department of Defense records and military installa-
tions for the purpose of conducting the review. 
Subtitle F—Decorations and 
Awards 
SEC. 551. ISSUANCE OF PRISONER-OF-WAR MEDAL. 
Section 1128(a)(4) of title 10, United States Code, is 
amended by striking ‘‘that are hostile to the United 
States,’’. 
SEC. 552. AWARD OF PURPLE HEART TO MEMBERS OF THE 
ARMED FORCES WHO WERE VICTIMS OF THE 
ATTACKS AT RECRUITING STATION IN LITTLE 
ROCK, 
ARKANSAS, 
AND 
AT 
FORT 
HOOD, 
TEXAS. 
(a) AWARD REQUIRED.—The Secretary of the military 
department concerned shall award the Purple Heart to the 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00193
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
194 
members of the Armed Forces who were killed or wounded 
in the attacks that occurred at the recruiting station in Lit-
tle Rock, Arkansas, on June 1, 2009, and at Fort Hood, 
Texas, on November 5, 2009. 
(b) EXCEPTION.—Subsection (a) shall not apply to a 
member of the Armed Forces whose wound was the result 
of the willful misconduct of the member. 
Subtitle 
G—Defense 
Dependents’ 
Education and Military Family 
Readiness Matters 
SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 
EDUCATIONAL AGENCIES THAT BENEFIT DE-
PENDENTS OF MEMBERS OF THE ARMED 
FORCES AND DEPARTMENT OF DEFENSE CI-
VILIAN EMPLOYEES. 
(a) ASSISTANCE
TO SCHOOLS WITH SIGNIFICANT 
NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 
amount authorized to be appropriated for fiscal year 2013 
by section 301 and available for operation and maintenance 
for Defense-wide activities as specified in the funding table 
in section 4301, $25,000,000 shall be available only for the 
purpose of providing assistance to local educational agen-
cies under subsection (a) of section 572 of the National De-
fense Authorization Act for Fiscal Year 2006 (Public Law 
109–163; 20 U.S.C. 7703b). 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00194
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
195 
(b) ASSISTANCE
TO SCHOOLS WITH ENROLLMENT 
CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE 
CHANGES, OR FORCE RELOCATIONS.—Of the amount au-
thorized to be appropriated for fiscal year 2013 by section 
301 and available for operation and maintenance for De-
fense-wide activities as specified in the funding table in sec-
tion 4301, $5,000,000 shall be available only for the purpose 
of providing assistance to local educational agencies under 
subsection (b) of section 572 of the National Defense Author-
ization Act for Fiscal Year 2006 (Public Law 109–163; 20 
U.S.C. 7703b). 
(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this 
section, the term ‘‘local educational agency’’ has the mean-
ing given that term in section 8013(9) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7713(9)). 
SEC. 562. TRANSITIONAL COMPENSATION FOR DEPENDENT 
CHILDREN 
WHO 
WERE 
CARRIED 
DURING 
PREGNANCY AT THE TIME OF DEPENDENT- 
ABUSE OFFENSE COMMITTED BY AN INDI-
VIDUAL WHILE A MEMBER OF THE ARMED 
FORCES. 
(a) DEFINITION OF DEPENDENT CHILD.—Subsection 
(l) of section 1059 of title 10, United States Code, is amend-
ed in the matter preceding paragraph (1) by striking ‘‘at 
the time of the dependent-abuse offense resulting in the sepa-
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00195
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
196 
ration of the former member’’ and inserting ‘‘or eligible 
spouse or former spouse at the time of the dependent-abuse 
offense resulting in the separation of the former member or 
who was carried during pregnancy at the time of the de-
pendent-abuse offense resulting in the separation of the 
former member and was subsequently born alive to the eligi-
ble spouse or former spouse’’. 
(b) DETERMINATION
OF PAYMENT AMOUNT.—Sub-
section (f) of such section is amended by adding at the end 
the following new paragraph: 
‘‘(4) A payment to a child under this section shall not 
cover any period during which the child was in utero.’’. 
(c) PROSPECTIVE APPLICABILITY.—No benefits shall 
accrue by reason of the amendments made by this section 
for any month that begins before the date of the enactment 
of this Act. 
SEC. 563. MODIFICATION OF AUTHORITY TO ALLOW DE-
PARTMENT OF DEFENSE DOMESTIC DEPEND-
ENT 
ELEMENTARY 
AND 
SECONDARY 
SCHOOLS TO ENROLL CERTAIN STUDENTS. 
Section 2164 of title 10, United States Code, is amend-
ed by adding at the end the following new subsections: 
‘‘(k) ENROLLMENT OF RELOCATED DEFENSE DEPEND-
ENTS’ EDUCATION SYSTEM STUDENTS.—(1) The Secretary 
of Defense may authorize the enrollment in a Department 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00196
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
197 
of Defense education program provided by the Secretary 
pursuant to subsection (a) of a dependent of a member of 
the armed forces or a dependent of a Federal employee who 
is enrolled in the defense dependents’ education system es-
tablished under section 1402 of the Defense Dependents’ 
Education Act of 1978 (20 U.S.C. 921) if— 
‘‘(A) the dependents departed the overseas loca-
tion as a result of a evacuation order; 
‘‘(B) the designated safe haven of the dependent 
is located within reasonable commuting distance of a 
school operated by the Department of Defense edu-
cation program; and 
‘‘(C) the school possesses the capacity and re-
sources necessary to enable the student to attend the 
school. 
‘‘(2) A dependent described in paragraph (1) who is 
enrolled in a school operated by the Department of Defense 
education program pursuant to such paragraph may attend 
the school only through the end of the school year. 
‘‘(l) ENROLLMENT IN VIRTUAL ELEMENTARY AND SEC-
ONDARY EDUCATION PROGRAM.—(1) Under regulations 
prescribed by the Secretary of Defense, the Secretary may 
authorize the enrollment in the virtual elementary and sec-
ondary education program established as a component of 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00197
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
198 
the Department of Defense education program of a depend-
ent of a member of the armed forces on active duty who— 
‘‘(A) is enrolled in an elementary or secondary 
school operated by a local educational agency or an-
other accredited educational program in the United 
States (other than a school operated by the Depart-
ment of Defense education program); and 
‘‘(B) immediately before such enrollment, was 
enrolled in the defense dependents’ education system 
established under section 1402 of the Defense Depend-
ents’ Education Act of 1978 (20 U.S.C. 921). 
‘‘(2) Enrollment of a dependent described in para-
graph (1) pursuant to such paragraph shall be on a tuition 
basis.’’. 
SEC. 564. PROTECTION OF CHILD CUSTODY ARRANGE-
MENTS FOR PARENTS WHO ARE MEMBERS OF 
THE ARMED FORCES. 
(a) CHILD CUSTODY PROTECTION.—Title II of the 
Servicemembers Civil Relief Act (50 U.S.C. App. 521 et 
seq.) is amended by adding at the end the following new 
section: 
‘‘SEC. 208. CHILD CUSTODY PROTECTION. 
‘‘(a) 
RESTRICTION
ON
TEMPORARY
CUSTODY 
ORDER.—If a court renders a temporary order for custodial 
responsibility for a child based solely on a deployment or 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00198
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
199 
anticipated deployment of a parent who is a servicemember, 
then the court shall require that, upon the return of the serv-
icemember from deployment, the custody order that was in 
effect immediately preceding the temporary order shall be 
reinstated, unless the court finds that such a reinstatement 
is not in the best interest of the child, except that any such 
finding shall be subject to subsection (b). 
‘‘(b) EXCLUSION OF MILITARY SERVICE FROM DETER-
MINATION OF CHILD’S BEST INTEREST.—If a motion or a 
petition is filed seeking a permanent order to modify the 
custody of the child of a servicemember, no court may con-
sider the absence of the servicemember by reason of deploy-
ment, or the possibility of deployment, in determining the 
best interest of the child. 
‘‘(c) NO FEDERAL JURISDICTION OR RIGHT OF ACTION 
OR REMOVAL.—Nothing in this section shall create a Fed-
eral right of action or otherwise give rise to Federal juris-
diction or create a right of removal. 
‘‘(d) PREEMPTION.—In any case where State law ap-
plicable to a child custody proceeding involving a tem-
porary order as contemplated in this section provides a 
higher standard of protection to the rights of the parent who 
is a deploying servicemember than the rights provided 
under this section with respect to such temporary order, the 
appropriate court shall apply the higher State standard. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00199
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
200 
‘‘(e) DEPLOYMENT DEFINED.—In this section, the term 
‘deployment’ means the movement or mobilization of a serv-
icemember to a location for a period of longer than 60 days 
and not longer than 18 months pursuant to temporary or 
permanent official orders— 
‘‘(1) that are designated as unaccompanied; 
‘‘(2) for which dependent travel is not author-
ized; or 
‘‘(3) that otherwise do not permit the movement 
of family members to that location.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of such Act is amended by adding at the end 
of the items relating to title II the following new item: 
‘‘208. Child custody protection.’’. 
SEC. 565. TREATMENT OF RELOCATION OF MEMBERS OF 
THE ARMED FORCES FOR ACTIVE DUTY FOR 
PURPOSES OF MORTGAGE REFINANCING. 
(a) IN GENERAL.—Title III of the Servicemembers 
Civil Relief Act is amended by inserting after section 303 
(50 U.S.C. App. 533) the following new section: 
‘‘SEC. 
303A. 
TREATMENT 
OF 
RELOCATION 
OF 
SERVICEMEMBERS FOR ACTIVE DUTY FOR 
PURPOSES OF MORTGAGE REFINANCING. 
‘‘(a) TREATMENT OF ABSENCE FROM RESIDENCE DUE 
TO ACTIVE DUTY.—While a servicemember who is the mort-
gagor under an existing mortgage does not reside in the 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00200
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
201 
residence that secures the existing mortgage because of a re-
location described in subsection (c)(1)(B), if the service-
member inquires about or applies for a covered refinancing 
mortgage, the servicemember shall be considered, for all pur-
poses relating to the covered refinancing mortgage (includ-
ing such inquiry or application and eligibility for, and 
compliance with, any underwriting criteria and standards 
regarding such covered refinancing mortgage) to occupy the 
residence that secures the existing mortgage to be paid or 
prepaid by such covered refinancing mortgage as the prin-
cipal residence of the servicemember during the period of 
such relocation. 
‘‘(b) LIMITATION.—Subsection (a) shall not apply with 
respect to a servicemember who inquires about or applies 
for a covered refinancing mortgage if, during the 5-year pe-
riod preceding the date of such inquiry or application, the 
servicemember entered into a covered refinancing mortgage 
pursuant to this section. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) EXISTING MORTGAGE.—The term ‘existing 
mortgage’ means a mortgage that is secured by a 1- 
to 4-family residence, including a condominium or a 
share in a cooperative ownership housing association, 
that was the principal residence of a servicemember 
for a period that— 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00201
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
202 
‘‘(A) had a duration of 13 consecutive 
months or longer; and 
‘‘(B) ended upon the relocation of the serv-
icemember caused by the servicemember receiving 
military orders for a permanent change of sta-
tion or to deploy with a military unit, or as an 
individual in support of a military operation, 
for a period of not less than 18 months that did 
not allow the servicemember to continue to oc-
cupy such residence as a principal residence. 
‘‘(2) COVERED
REFINANCING
MORTGAGE.—The 
term ‘covered refinancing mortgage’ means any mort-
gage that— 
‘‘(A) is made for the purpose of paying or 
prepaying, and extinguishing, the outstanding 
obligations under an existing mortgage or mort-
gages; and 
‘‘(B) is secured by the same residence that 
secured such existing mortgage or mortgages.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of such Act is amended by inserting after the 
item relating to section 303 the following new item: 
‘‘303A. Treatment of relocation of servicemembers for active duty for purposes of 
mortgage refinancing.’’. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00202
Fmt 6652
Sfmt 6213
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
203 
SEC. 566. SENSE OF CONGRESS REGARDING SUPPORT FOR 
YELLOW RIBBON DAY. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The hopes and prayers of the American peo-
ple for the safe return of members of the Armed Forces 
serving overseas are demonstrated through the proud 
display of yellow ribbons. 
(2) The designation of a ‘‘Yellow Ribbon Day’’ 
would serve as an additional reminder for all Ameri-
cans of the continued sacrifice of members of the 
Armed Forces. 
(3) Yellow Ribbon Day would also recognize the 
history and meaning of the Yellow Ribbon as the 
symbol of support for members of the Armed Forces 
and American civilians serving in combat or crisis 
situations overseas. 
(b) SENSE
OF CONGRESS.—Congress supports the 
goals and ideals of Yellow Ribbon Day, observed on April 
9th each year, in honor of members of the Armed Forces 
and American civilians who are serving overseas in defense 
of the United States apart from their families and loved 
ones. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00203
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
204 
Subtitle H—Improved Sexual As-
sault Prevention and Response 
in the Armed Forces 
SEC. 571. ESTABLISHMENT OF SPECIAL VICTIM TEAMS TO 
RESPOND TO ALLEGATIONS OF CHILD ABUSE, 
SERIOUS DOMESTIC VIOLENCE, OR SEXUAL 
OFFENSES. 
(a) ESTABLISHMENT REQUIRED.—The Secretary of 
each military department shall establish special victim 
teams for the purpose of— 
(1) investigating and prosecuting allegations of 
child abuse, serious domestic violence, or sexual of-
fenses; and 
(2) providing support for the victims of such of-
fenses. 
(b) PERSONNEL.—A special victim team shall be com-
prised of specially trained and selected— 
(1) investigators from the Defense Criminal In-
vestigative Service, Army Criminal Investigative 
Command, Naval Criminal Investigative Service, or 
Air Force Office of Special Investigations; 
(2) judge advocates; 
(3) victim witness assistance personnel; and 
(4) administrative paralegal support personnel. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00204
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
205 
(c) 
TRAINING, 
SELECTION, 
AND
CERTIFICATION 
STANDARDS.—The Secretary of each military department 
shall prescribe standards for the training, selection, and cer-
tification of personnel for special victim teams established 
by that Secretary. 
(d) TIME FOR ESTABLISHMENT.— 
(1) DISCRETION REGARDING NUMBER OF TEAMS 
NEEDED.—The Secretary of a military department 
shall determine the total number of special victim 
teams to be established, and prescribe regulations for 
their management and use, in order to provide effec-
tive, timely, and responsive world-wide support for 
the purposes described in subsection (a). Not later 
than 270 days after the date of the enactment of this 
Act, each Secretary shall submit to the Committees on 
Armed Services of the Senate and the House of Rep-
resentatives a plan and time line for the establish-
ment of the special victim teams that the Secretary 
has determined are needed. 
(2) INITIAL TEAM.—Not later than one year after 
the date of the enactment of this Act, the Secretary of 
each military department shall have available for use 
at least one special victim team. 
(e) EVALUATION OF EFFECTIVENESS.—Not later than 
180 days after the date of the enactment of this Act, the 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00205
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
206 
Secretary of Defense shall prescribe the common criteria to 
be used by the Secretaries of the military departments to 
measure the effectiveness and impact of the special victim 
teams from the investigative, prosecutorial, and victim’s 
perspectives, and require the Secretaries of the military de-
partments to collect and report the data required by the 
Secretary of Defense. 
(f) SPECIAL VICTIM TEAM DEFINED.—In this section, 
the term ‘‘special victim team’’ means a distinct, recogniz-
able group of appropriately skilled professionals who work 
collaboratively to achieve the purposes described in sub-
section (a). This section does not require that a special vic-
tim team be created as separate military unit or have a 
separate chain of command. 
SEC. 572. ENHANCEMENT TO TRAINING AND EDUCATION 
FOR SEXUAL ASSAULT PREVENTION AND RE-
SPONSE. 
Section 585 of the National Defense Authorization Act 
for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1434) 
is amended by adding at the end the following new sub-
sections: 
‘‘(d) COMMANDERS’ TRAINING.—The Secretary of De-
fense shall provide for the inclusion of a sexual assault pre-
vention and response training module in the training for 
new or prospective commanders at all levels of command. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00206
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
207 
The training shall be tailored to the responsibilities and 
leadership requirements of members of the Armed Forces as 
they are assigned to command positions. Such training 
shall include the following: 
‘‘(1) Fostering a command climate that does not 
tolerate sexual assault. 
‘‘(2) Fostering a command climate in which per-
sons assigned to the command are encouraged to in-
tervene to prevent potential incidents of sexual as-
sault. 
‘‘(3) Fostering a command climate that encour-
ages victims of sexual assault to report any incident 
of sexual assault. 
‘‘(4) Understanding the needs of, and the re-
sources available to, the victim after an incident of 
sexual assault. 
‘‘(5) Use of military criminal investigative orga-
nizations for the investigation of alleged incidents of 
sexual assault. 
‘‘(6) Available disciplinary options, including 
court-martial, non-judicial punishment, administra-
tive action, and deferral of discipline for collateral 
misconduct, as appropriate. 
‘‘(e) EXPLANATION
TO BE INCLUDED
IN INITIAL 
ENTRY AND ACCESSION TRAINING.— 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00207
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
208 
‘‘(1) REQUIREMENT.—The Secretary of Defense 
shall require that the matters specified in paragraph 
(2) be carefully explained to each member of the 
Army, Navy, Air Force, and Marine Corps at the 
time of (or within fourteen duty days after)— 
‘‘(A) the member’s initial entrance on active 
duty; or 
‘‘(B) the member’s initial entrance into a 
duty status with a reserve component. 
‘‘(2) MATTERS
TO
BE
EXPLAINED.—This sub-
section applies with respect to the following: 
‘‘(A) Department of Defense policy with re-
spect to sexual assault. 
‘‘(B) The resources available with respect to 
sexual assault reporting and prevention and the 
procedures to be followed by a member seeking to 
access those resources.’’. 
SEC. 573. ENHANCEMENT TO REQUIREMENTS FOR AVAIL-
ABILITY OF INFORMATION ON SEXUAL AS-
SAULT 
PREVENTION 
AND 
RESPONSE 
RE-
SOURCES. 
(a) REQUIRED POSTING OF INFORMATION ON SEXUAL 
ASSAULT PREVENTION AND RESPONSE RESOURCES.— 
(1) POSTING.—The Secretary of Defense shall re-
quire that there be prominently posted, in accordance 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00208
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
209 
with paragraph (2), notice of the following informa-
tion relating to sexual assault prevention and re-
sponse, in a form designed to ensure visibility and 
understanding: 
(A) Resource information for members of 
the Armed Forces, military dependents, and ci-
vilian personnel of the Department of Defense 
with respect to prevention of sexual assault and 
reporting of incidents of sexual assault. 
(B) Contact information for personnel who 
are designated as Sexual Assault Response Coor-
dinators and Sexual Assault Victim Advocates. 
(C) The Department of Defense ‘‘hotline’’ 
telephone number, referred to as the Safe 
Helpline, for reporting incidents of sexual as-
sault, or any successor operation. 
(2) POSTING PLACEMENT.—Posting under sub-
section (a) shall be at the following locations, to the 
extent practicable: 
(A) Any Department of Defense duty facil-
ity. 
(B) Any Department of Defense dining fa-
cility. 
(C) Any Department of Defense multi-unit 
residential facility. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00209
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
210 
(D) Any Department of Defense health care 
facility. 
(E) Any Department of Defense commissary 
or exchange. 
(F) Any Department of Defense Community 
Service Agency. 
(b) NOTICE TO VICTIMS OF AVAILABLE ASSISTANCE.— 
The Secretary of Defense shall require that procedures in 
the Department of Defense for responding to a complaint 
or allegation of sexual assault submitted by or against a 
member of the Armed Forces include prompt notice to the 
person making the complaint or allegation of the forms of 
assistance available to that person from the Department of 
Defense and, to the extent known to the Secretary, through 
other departments and agencies, including State and local 
agencies, and other sources. 
SEC. 574. MODIFICATION OF ANNUAL DEPARTMENT OF DE-
FENSE REPORTING REQUIREMENTS REGARD-
ING SEXUAL ASSAULTS. 
(a) GREATER DETAIL IN CASE SYNOPSES PORTION OF 
REPORT.—Section 1631 of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011 (Public Law 111– 
383; 124 Stat. 4433; 10 U.S.C. 1561 note) is amended by 
adding at the end the following new subsection: 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00210
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
211 
‘‘(f) ADDITIONAL DETAILS FOR CASE SYNOPSES POR-
TION OF REPORT.—The Secretary of each military depart-
ment shall include in the case synopses portion of each re-
port described in subsection (b)(3) the following additional 
information: 
‘‘(1) If an Article 32 Investigating Officer rec-
ommends dismissal of the charges against a member 
of the Armed Forces accused of committing a sexual 
assault, the case synopsis shall explicitly state the rea-
sons for that recommendation. 
‘‘(2) If the case synopsis states that a member of 
the Armed Forces accused of committing a sexual as-
sault was administratively separated or, in the case 
of an officer, allowed to resign in lieu of facing a 
court martial, the case synopsis shall include the 
characterization (honorable, general, or other than 
honorable) given the service of the member upon sepa-
ration. 
‘‘(3) The case synopsis shall indicate whether a 
member of the Armed Forces accused of committing a 
sexual assault was ever previously accused of a sub-
stantiated sexual assault. 
‘‘(4) The case synopsis shall indicate the branch 
of the Armed Forces of each member accused of com-
mitting a sexual assault and the branch of the Armed 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00211
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
212 
Forces of each member who is a victim of a sexual as-
sault. 
‘‘(5) If the case disposition includes non-judicial 
punishment, the case synopsis shall explicitly state 
the nature of the punishment. 
‘‘(6) If alcohol was involved in any way in a 
substantiated sexual assault incident, the case syn-
opsis shall specify whether the member of the Armed 
Forces accused of committing the sexual assault had 
previously been ordered to attend substance abuse 
counseling.’’. 
(b) APPLICATIONS FOR CERTAIN TRANSFERS BY SEX-
UAL ASSAULT VICTIMS.—Subsection (b) of such section is 
amended by adding at the end the following new paragraph: 
‘‘(7) The number of applications submitted 
under section 673 of title 10, United States Code, 
during the year covered by the report for a permanent 
change of station or unit transfer for members of the 
Armed Forces on active duty who are the victim of 
a sexual assault or related offense, the number of ap-
plications denied, and, for each application denied, a 
description of the reasons why the application was de-
nied.’’. 
(c) APPLICATION OF AMENDMENTS.—The amendments 
made by this section shall apply beginning with the report 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00212
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
213 
regarding sexual assaults involving members of the Armed 
Forces required to be submitted by March 1, 2013, under 
section 1631 of the Ike Skelton National Defense Authoriza-
tion Act for Fiscal Year 2011. 
SEC. 575. INCLUSION OF SEXUAL HARASSMENT INCIDENTS 
IN ANNUAL DEPARTMENT OF DEFENSE RE-
PORTS ON SEXUAL ASSAULTS. 
Effective with the report required to be submitted by 
March 1, 2013, under section 1631 of the Ike Skelton Na-
tional Defense Authorization Act for Fiscal Year 2011 (Pub-
lic Law 111–383; 124 Stat. 4433; 10 U.S.C. 1561 note), 
the Secretary of each military department shall include in 
each annual report required by that section information on 
sexual harassment involving members of the Armed Forces 
under the jurisdiction of that Secretary during the pre-
ceding year. For purposes of complying with this section, 
the Secretary of the military department concerned shall 
apply subsection (b) of such section 1631 by substituting 
the term ‘‘sexual harassment’’ for ‘‘sexual assault’’ each 
place it appears in paragraphs (1) through (4) of such sub-
section. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00213
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
214 
SEC. 576. CONTINUED SUBMISSION OF PROGRESS REPORTS 
REGARDING CERTAIN INCIDENT INFORMA-
TION MANAGEMENT TOOLS. 
(a) REPORTS REQUIRED.—Not later than August 28, 
2012, and every six months thereafter until the date deter-
mined under subsection (b), the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report describing the 
progress made during the previous six months to ensure that 
both of the following are fully functional and operational: 
(1) The Defense Incident-Based Reporting Sys-
tem. 
(2) The Defense Sexual Assault Incident Data-
base. 
(b) DURATION OF REPORTING REQUIREMENT.—The 
reporting requirement imposed by subsection (a) shall con-
tinue until the date on which the Secretary of Defense cer-
tifies, in a report submitted under such subsection, that— 
(1) the Defense Incident-Based Reporting System 
and the Defense Sexual Assault Incident Database are 
fully functional and operational throughout the De-
partment of Defense; and 
(2) each of the military departments is using the 
Defense Incident-Based Reporting System or pro-
viding data for inclusion in the Defense Sexual As-
sault Incident Database. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00214
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
215 
(c) REPEAL OF SUPERSEDED REPORTING REQUIRE-
MENT.—Section 598 of the National Defense Authorization 
Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 
2345; 10 U.S.C. 113 note) is repealed. 
SEC. 577. BRIEFINGS ON DEPARTMENT OF DEFENSE AC-
TIONS REGARDING SEXUAL ASSAULT PRE-
VENTION AND RESPONSE IN THE ARMED 
FORCES. 
Not later than October 31, 2012, and April 30, 2013, 
the Secretary of Defense (or the designee of the Secretary 
of Defense) shall provide to the Committees on Armed Serv-
ices of the Senate and House of Representatives a briefing 
that outlines efforts by the Department of Defense to imple-
ment— 
(1) subtitle H of title V of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 
112–81; 125 Stat. 1430) and the amendments made 
by that subtitle; 
(2) the additional initiatives announced by the 
Secretary of Defense on April 17, 2012, to address 
sexual assault involving members of the Armed 
Forces; and 
(3) any other initiatives, policies, or programs 
being undertaken by the Secretary of Defense and the 
Secretaries of the military departments to address 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00215
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
216 
sexual assault involving members of the Armed 
Forces. 
SEC. 578. ARMED FORCES WORKPLACE AND GENDER RELA-
TIONS SURVEYS. 
(a) ADDITIONAL CONTENT OF SURVEYS.—Subsection 
(c) of section 481 of title 10, United States Code, is amend-
ed— 
(1) by striking ‘‘harassment and discrimination’’ 
and inserting ‘‘harassment, assault, and discrimina-
tion’’; 
(2) by redesignating paragraphs (2) and (3) as 
paragraphs (3) and (4); respectively; 
(3) by inserting after paragraph (1) the fol-
lowing new paragraph (2): 
‘‘(2) The specific types of assault that have oc-
curred, and the number of times each respondent has 
been assaulted during the preceding year.’’; 
(4) in paragraph (4), as so redesignated, by 
striking ‘‘discrimination’’ and inserting ‘‘discrimina-
tion, harassment, and assault’’; and 
(5) by adding at the end the following new para-
graph 
‘‘(5) Any other issues relating to discrimination, 
harassment, or assault as the Secretary of Defense 
considers appropriate.’’. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00216
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
217 
(b) TIME FOR CONDUCTING OF SURVEYS.—Such sec-
tion is further amended— 
(1) in subsection (a)(1), by striking ‘‘four quad-
rennial surveys (each in a separate year)’’ and insert-
ing ‘‘four surveys’’; and 
(2) by striking subsection (d) and inserting the 
following new subsection: 
‘‘(d) WHEN SURVEYS REQUIRED.—(1) One of the two 
Armed Forces Workplace and Gender Relations Surveys 
shall be conducted in 2014 and then every second year there-
after and the other Armed Forces Workplace and Gender 
Relations Survey shall be conducted in 2015 and then every 
second year thereafter, so that one of the two surveys is 
being conducted each year. 
‘‘(2) The two Armed Forces Workplace and Equal Op-
portunity Surveys shall be conducted at least once every 
four years. The two surveys may not be conducted in the 
same year.’’. 
SEC. 579. REQUIREMENT FOR COMMANDERS TO CONDUCT 
ANNUAL ORGANIZATIONAL CLIMATE ASSESS-
MENTS. 
(a) REQUIREMENT.—The Secretary of Defense shall re-
quire the commander of each covered unit to conduct an 
organizational climate assessment within 120 days after the 
commander assumes command and annually thereafter. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00217
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
218 
(b) DEFINITIONS.—In this section: 
(1) COVERED UNIT.—The term ‘‘covered unit’’ 
means any organizational element of the Armed 
Forces (other than the Coast Guard) with more than 
50 members assigned, including any such element of 
a reserve component. 
(2) ORGANIZATIONAL
CLIMATE
ASSESSMENT.— 
The term ‘‘organizational climate assessment’’ means 
an assessment intended to obtain information about 
the positive and negative factors that may have an 
impact on unit effectiveness and readiness by meas-
uring matters relating to human relations climate 
such as prevention and response to sexual assault and 
equal opportunity. 
SEC. 580. ADDITIONAL REQUIREMENTS FOR ORGANIZA-
TIONAL CLIMATE ASSESSMENTS. 
(a) ELEMENTS OF ASSESSMENTS.—An organizational 
climate assessment shall include avenues for members of the 
Armed Forces to express their views on how their leaders, 
including commanders, are responding to allegations of sex-
ual assault and complaints of sexual harassment. The Sec-
retary of Defense shall require the Office of Diversity Man-
agement and Equal Opportunity and the Sexual Assault 
Prevention and Response Office to ensure equal opportunity 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00218
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
219 
advisors and officers of the Sexual Assault Prevention and 
Response Office are available to conduct these assessments. 
(b) ENSURING COMPLIANCE.— 
(1) IN GENERAL.—The Secretary of Defense shall 
direct the Secretaries of the military departments to 
verify and track the compliance of commanding offi-
cers in conducting organizational climate assess-
ments. 
(2) IMPLEMENTATION.—No later than 90 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the Committees on 
Armed Services of the Senate and House of Represent-
atives a report containing— 
(A) a description of the progress of the de-
velopment of the system that will verify and 
track the compliance of commanding officers in 
conducting organizational climate assessments; 
and 
(B) an estimate of when the system will be 
completed and implemented. 
(c) CONSULTATION.—In developing the sexual harass-
ment and sexual assault portion of an organizational cli-
mate assessment, the Secretary of Defense shall consult with 
representatives of the following: 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00219
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
220 
(1) The Sexual Assault Prevention and Response 
Office. 
(2) The Office of Diversity Management. 
(3) Appropriate non-Governmental organizations 
that have expertise in areas related to sexual harass-
ment and sexual assault in the Armed Forces. 
(d) RELATION
TO
OTHER
REPORTING
REQUIRE-
MENTS.—The reporting requirements of this section are in 
addition to, and an expansion of, the Armed Forces Work-
place and Gender Relations Surveys required by section 481 
of title 10, United States Code. 
SEC. 581. REVIEW OF UNRESTRICTED REPORTS OF SEXUAL 
ASSAULT AND SUBSEQUENT SEPARATION OF 
MEMBERS MAKING SUCH REPORTS. 
(a) REVIEW REQUIRED.—The Secretary of Defense 
shall conduct a review of all unrestricted reports of sexual 
assault made by members of the Armed Forces since October 
1, 2000, to determine the number of members who were sub-
sequently separated from the Armed Forces and the cir-
cumstances of and grounds for such separation. 
(b) ELEMENTS OF REVIEW.—The review shall deter-
mine at a minimum the following: 
(1) For each member who made an unrestricted 
report of sexual assault and was subsequently sepa-
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00220
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
221 
rated, the reason provided for the separation and 
whether the member requested an appeal. 
(2) For each member separated on the grounds 
of having a personality disorder, whether the separa-
tion was carried out in compliance with Department 
of Defense Instruction 1332.14. 
(3) For each member who requested an appeal, 
the basis and results of the appeal. 
(c) SUBMISSION OF RESULTS.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a re-
port containing the results of the review. 
SEC. 582. LIMITATION ON RELEASE FROM ACTIVE DUTY OR 
RECALL TO ACTIVE DUTY OF RESERVE COM-
PONENT MEMBERS WHO ARE VICTIMS OF 
SEXUAL ASSAULT WHILE ON ACTIVE DUTY. 
(a) IN GENERAL.—Chapter 1209 of title 10, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 12323. Active duty for response to sexual assault 
‘‘(a) CONTINUATION ON ACTIVE DUTY.—In the case of 
a member of a reserve component who is the alleged victim 
of sexual assault committed while on active duty and who 
is expected to be released from active duty before the deter-
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00221
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
222 
mination of whether the member was assaulted while in the 
line of duty, the Secretary concerned may, upon the request 
of the member, order the member to be retained on active 
duty until the line of duty determination, but not to exceed 
180 days beyond the original expiration of active duty date. 
A member eligible for continuation on active duty under 
this subsection shall be informed as soon as practicable after 
the alleged assault of the option to request continuation on 
active duty under this subsection. 
‘‘(b) RETURN TO ACTIVE DUTY.—In the case of a 
member of a reserve component not on active duty who is 
the alleged victim of a sexual assault that occurred while 
the member was on active duty and when the determination 
whether the member was in the line of duty is not com-
pleted, the Secretary concerned may, upon the request of 
the member, order the member to active duty for such time 
as necessary to complete the line of duty determination, but 
not to exceed 180 days. 
‘‘(c) REGULATIONS.—The Secretaries of the military 
departments shall prescribe regulations to carry out this 
section, subject to guidelines prescribed by the Secretary of 
Defense. The guidelines of the Secretary of Defense shall 
provide that— 
‘‘(1) a request submitted by a member described 
in subsection (a) or (b) to continue on active duty, or 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00222
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
223 
to be ordered to active duty, respectively, must be de-
cided within 30 days from the date of the request; and 
‘‘(2) if the request is denied, the member may 
appeal to the first general officer or flag officer in the 
chain of command of the member, and in the case of 
such an appeal a decision on the appeal must be 
made within 15 days from the date of the appeal.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended adding at the end 
the following new item: 
‘‘12323. Active duty for response to sexual assault.’’. 
SEC. 583. INCLUSION OF INFORMATION ON SUBSTAN-
TIATED REPORTS OF SEXUAL HARASSMENT 
IN MEMBER’S OFFICIAL SERVICE RECORD. 
(a) INCLUSION.—If a complaint of sexual harassment 
is made against a member of the Army, Navy, Air Force, 
or Marine Corps and the complaint is substantiated, a no-
tation to that effect shall be placed in the service record 
of the member, regardless of the member’s rank, for the pur-
pose of— 
(1) reducing the likelihood that a member who 
has committed sexual harassment can commit the 
same offense multiple times without suffering the ap-
propriate consequences; and 
(2) alerting commanders of the background of the 
members of their command, so the commanders have 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00223
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
224 
better awareness of its members, especially as mem-
bers are transferred. 
(b) DEFINITION OF SUBSTANTIATED.—For purposes of 
implementing this section, the Secretary of Defense shall use 
the definition of substantiated developed for the annual re-
port on sexual assaults involving members of the Armed 
Forces prepared under section 1631 of the Ike Skelton Na-
tional Defense Authorization Act for Fiscal Year 2011 (Pub-
lic Law 111–383; 124 Stat. 4433; 10 U.S.C. 1561 note). 
Subtitle I—Other Matters 
SEC. 590. INCLUSION OF FREELY ASSOCIATED STATES 
WITHIN SCOPE OF JUNIOR RESERVE OFFI-
CERS’ TRAINING CORPS PROGRAM. 
Section 2031(a) of title 10, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(3) If a secondary educational institution in the Fed-
erated States of Micronesia, the Republic of the Marshall 
Islands, or the Republic of Palau otherwise meets the condi-
tions imposed by subsection (b) on the establishment and 
maintenance of units of the Junior Reserve Officers’ Train-
ing Corps, the Secretary of a military department may es-
tablish and maintain a unit of the Junior Reserve Officers’ 
Training Corps at the secondary educational institution 
even though the secondary educational institution is not a 
United States secondary educational institution.’’. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00224
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
225 
SEC. 591. PRESERVATION OF EDITORIAL INDEPENDENCE 
OF STARS AND STRIPES. 
To preserve the actual and perceived editorial and 
management independence of the Stars and Stripes news-
paper, the Secretary of Defense shall extend the lease for 
the commercial office space in the District of Columbia cur-
rently occupied by the editorial and management oper-
ations of the Stars and Stripes newspaper until such time 
as the Secretary provides space and information technology 
and other support for such operations in a Government- 
owned facility in the National Capital Region geographi-
cally remote from facilities of the Defense Media Activity 
at Fort Meade, Maryland. 
SEC. 592. SENSE OF CONGRESS REGARDING DESIGNATION 
OF 
BUGLE 
CALL 
COMMONLY 
KNOWN 
AS 
‘‘TAPS’’ 
AS 
NATIONAL 
SONG 
OF 
REMEM-
BRANCE. 
(a) FINDINGS.—Congress makes the following findings: 
(1) The bugle call commonly known as ‘‘Taps’’ 
is known throughout the United States. 
(2) In July 1862, following the Seven Days Bat-
tles, Union General Daniel Butterfield and bugler 
Oliver Willcox Norton created ‘‘Taps’’ at Berkley 
Plantation, Virginia, as a way to signal the end of 
daily military activities. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00225
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
226 
(3) ‘‘Taps’’ is now established by the uniformed 
services as the last call of the day and is sounded at 
the completion of a military funeral. 
(4) ‘‘Taps’’ has become the signature, solemn mu-
sical farewell for members of the uniformed services 
and veterans who have faithfully served the United 
States during times of war and peace. 
(5) Over its 150 years of use, ‘‘Taps’’ has been 
woven into the historical fabric of the United States. 
(6) When sounded, ‘‘Taps’’ summons emotions of 
loss, pride, honor, and respect and encourages Ameri-
cans to remember patriots who served the United 
States with honor and valor. 
(7) The 150th anniversary of the writing of 
‘‘Taps’’ will be observed with events culminating in 
June 2012 with a rededication of the Taps Monument 
at Berkley Plantation, Virginia. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that the bugle call commonly known as ‘‘Taps’’ should be 
designated as the National Song of Remembrance. 
SEC. 593. RECOMMENDED CONDUCT DURING SOUNDING OF 
BUGLE CALL COMMONLY KNOWN AS ‘‘TAPS’’. 
(a) CONDUCT DURING SOUNDING OF ‘‘TAPS’’.—Chap-
ter 3 of title 36, United States Code, is amended by adding 
at the end the following new section: 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00226
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
227 
‘‘§ 306. Conduct during sounding of ‘Taps’ 
‘‘(a) DEFINITION.—In this section, the term ‘Taps’ re-
fers to the bugle call consisting of 24 notes normally sound-
ed on a bugle or trumpet without accompaniment or embel-
lishment as the last call of the day on a military base, at 
the completion of a military funeral, or on other occasions 
as the solemn musical farewell to members of the uniform 
services and veterans. 
‘‘(b) CONDUCT DURING SOUNDING.— 
‘‘(1) IN
GENERAL.—During a performance of 
Taps— 
‘‘(A) all present, except persons in uniform, 
should stand at attention with the right hand 
over the heart; 
‘‘(B) men not in uniform should remove 
their headdress with their right hand and hold 
the headdress at the left shoulder, the hand being 
over the heart; and 
‘‘(C) persons in uniform should stand at at-
tention and give the military salute at the first 
note of Taps and maintain that position until 
the last note. 
‘‘(2) EXCEPTION.—Paragraph (1) shall not 
apply when Taps is sounded as the final bugle call 
of the day at a military base. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00227
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
228 
‘‘(c) DEFINITION OF MILITARY BASE.—In this section, 
the term ‘military base’ means a base, camp, post, station, 
yard, center, homeport facility for any ship, or other activ-
ity under the jurisdiction of the Department of Defense, in-
cluding any leased facility, which is located within any of 
the several States, the District of Columbia, the Common-
wealth of Puerto Rico, American Samoa, the Virgin Is-
lands, the Commonwealth of the Northern Mariana Islands, 
or Guam.’’. 
(b) CONFORMING AND CLERICAL AMENDMENTS.— 
(1) CHAPTER HEADING.—The heading of chapter 
3 of title 36, United States Code, is amended to read 
as follows: 
‘‘CHAPTER 3—NATIONAL ANTHEM, MOTTO, 
AND OTHER NATIONAL DESIGNATIONS’’. 
(2) TABLE OF CHAPTERS.—The item relating to 
chapter 3 in the table of chapters for such title is 
amended to read as follows: 
‘‘3. National Anthem, Motto, and Other National Designations .................
301’’. 
(3) TABLE OF SECTIONS.—The table of sections 
at the beginning of such chapter is amended by add-
ing at the end the following new item: 
‘‘306. Conduct during sounding of ‘Taps’.’’. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00228
Fmt 6652
Sfmt 6213
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
229 
SEC. 594. INSPECTION OF MILITARY CEMETERIES UNDER 
THE JURISDICTION OF DEPARTMENT OF DE-
FENSE. 
(a) DOD INSPECTOR GENERAL INSPECTION OF AR-
LINGTON NATIONAL CEMETERY AND UNITED STATES SOL-
DIERS’ AND AIRMEN’S HOME NATIONAL CEMETERY.—Sec-
tion 1(d) of Public Law 111–339; 124 Stat. 3592) is 
amended— 
(1) in paragraph (1), by striking ‘‘The Sec-
retary’’ in the first sentence and inserting ‘‘Subject to 
paragraph (2), the Secretary’’; and 
(2) in paragraph (2), by adding at the end the 
following new sentence: ‘‘However, in the case of the 
report required to be submitted during 2013, the as-
sessment described in paragraph (1) shall be con-
ducted, and the report shall be prepared and sub-
mitted, by the Inspector General of the Department of 
Defense instead of the Secretary of the Army.’’. 
(b) TIME FOR SUBMISSION OF REPORT AND PLAN OF 
ACTION REGARDING INSPECTION OF CEMETERIES AT MILI-
TARY INSTALLATIONS.—Section 592(d)(2) of the National 
Defense Authorization Act for Fiscal Year 2012 (Public 
Law 112–81; 125 Stat. 1443) is amended— 
(1) by striking ‘‘December 31, 2012’’ and insert-
ing ‘‘June 29, 2013’’; and 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00229
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
230 
(2) by striking ‘‘April 1, 2013’’ and inserting 
‘‘October 1, 2013’’. 
SEC. 595. PILOT PROGRAM TO PROVIDE TRANSITIONAL AS-
SISTANCE TO MEMBERS OF THE ARMED 
FORCES WITH A FOCUS ON SCIENCE, TECH-
NOLOGY, ENGINEERING, AND MATHEMATICS. 
(a) PROGRAM AUTHORITY.—The Secretary of Defense 
may conduct one or more pilot programs to provide transi-
tional assistance for members of the Armed Forces leaving 
active duty that focuses on assisting the members to transi-
tion into the fields of science, technology, engineering, and 
mathematics to address the shortage of expertise within the 
Department of Defense in those fields. 
(b) COOPERATION
WITH
EDUCATIONAL
INSTITU-
TIONS.—The Secretary of Defense may enter into an agree-
ment with an institution of higher education to provide for 
the management and execution of a pilot program under 
this section. The institution of higher education must agree 
to allow the translation of military experience and training 
into course credit and provide for the transfer of previously 
received credit through local community colleges and other 
accredited institutions of higher education. 
(c) DURATION.—Any pilot program established under 
the authority of this section may not operate for more than 
three academic years. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00230
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
231 
(d) REPORTING REQUIREMENT.—At the conclusion of 
a pilot program under this section, the Secretary of Defense 
shall submit to the congressional defense committee a report 
on the results of the pilot program, including the cost in-
curred to conduct the program, the number of participants 
of the program, and the outcomes for the participants of 
the program. 
TITLE VI—COMPENSATION AND 
OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
SEC. 601. FISCAL YEAR 2013 INCREASE IN MILITARY BASIC 
PAY. 
(a) WAIVER OF SECTION 1009 ADJUSTMENT.—The ad-
justment to become effective during fiscal year 2013 re-
quired by section 1009 of title 37, United States Code, in 
the rates of monthly basic pay authorized members of the 
uniformed services shall not be made. 
(b) INCREASE IN BASIC PAY.—Effective on January 
1, 2013, the rates of monthly basic pay for members of the 
uniformed services are increased by 1.7 percent. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00231
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
232 
SEC. 602. BASIC ALLOWANCE FOR HOUSING FOR TWO-MEM-
BER COUPLES WHEN ONE MEMBER IS ON SEA 
DUTY. 
(a) IN
GENERAL.—Subparagraph (C) of section 
403(f)(2) of title 37, United States Code, is amended to read 
as follows: 
‘‘(C) Notwithstanding section 421 of this title, a mem-
ber of a uniformed service in a pay grade below pay grade 
E–6 who is assigned to sea duty and is married to another 
member of a uniformed service is entitled to a basic allow-
ance for housing subject to the limitations of subsection 
(e).’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on January 1, 2013. 
SEC. 603. NO REDUCTION IN BASIC ALLOWANCE FOR HOUS-
ING FOR ARMY NATIONAL GUARD AND AIR 
NATIONAL GUARD MEMBERS WHO TRANSI-
TION BETWEEN ACTIVE DUTY AND FULL-TIME 
NATIONAL GUARD DUTY WITHOUT A BREAK 
IN ACTIVE SERVICE. 
Section 403(g) of title 37, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(6)(A) The rate of basic allowance for housing to be 
paid to a member of the Army National Guard of the 
United States or the Air National Guard of the United 
States shall not be reduced upon the transition of the mem-
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00232
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
233 
ber from active duty to full-time National Guard duty, or 
from full-time National Guard duty to active duty, when 
the transition occurs without a break in active service. 
‘‘(B) For the purposes of this paragraph, a break in 
active service occurs when one or more calendar days be-
tween active service periods do not qualify as active serv-
ice.’’. 
SEC. 604. MODIFICATION OF PROGRAM GUIDANCE RELAT-
ING TO THE AWARD OF POST-DEPLOYMENT/ 
MOBILIZATION RESPITE ABSENCE ADMINIS-
TRATIVE ABSENCE DAYS TO MEMBERS OF 
THE RESERVE COMPONENTS UNDER DOD IN-
STRUCTION 1327.06. 
Effective as of October 1, 2011, the changes made by 
the Secretary of Defense to the Program Guidance relating 
to the award of Post-Deployment/Mobilization Respite Ab-
sence administrative absence days to members of the reserve 
components under DOD Instruction 1327.06 shall not 
apply to a member of a reserve component whose qualified 
mobilization (as described in such program guidance) com-
menced before October 1, 2011, and continued on or after 
that date until the date the mobilization is terminated. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00233
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
234 
Subtitle B—Bonuses and Special 
and Incentive Pays 
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 
SPECIAL PAY AUTHORITIES FOR RESERVE 
FORCES. 
The following sections of title 37, United States Code, 
are amended by striking ‘‘December 31, 2012’’ and insert-
ing ‘‘December 31, 2013’’: 
(1) Section 308b(g), relating to Selected Reserve 
reenlistment bonus. 
(2) Section 308c(i), relating to Selected Reserve 
affiliation or enlistment bonus. 
(3) Section 308d(c), relating to special pay for 
enlisted members assigned to certain high-priority 
units. 
(4) Section 308g(f)(2), relating to Ready Reserve 
enlistment bonus for persons without prior service. 
(5) Section 308h(e), relating to Ready Reserve 
enlistment and reenlistment bonus for persons with 
prior service. 
(6) Section 308i(f), relating to Selected Reserve 
enlistment and reenlistment bonus for persons with 
prior service. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00234
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
235 
(7) Section 408a(e), relating to reimbursement of 
travel expenses for inactive-duty training outside of 
normal commuting distance. 
(8) Section 910(g), relating to income replace-
ment payments for reserve component members expe-
riencing extended and frequent mobilization for active 
duty service. 
SEC. 612. ONE-YEAR EXTENSION OF CERTAIN BONUS AND 
SPECIAL PAY AUTHORITIES FOR HEALTH 
CARE PROFESSIONALS. 
(a) TITLE 10 AUTHORITIES.—The following sections 
of title 10, United States Code, are amended by striking 
‘‘December 31, 2012’’ and inserting ‘‘December 31, 2013’’: 
(1) Section 2130a(a)(1), relating to nurse officer 
candidate accession program. 
(2) Section 16302(d), relating to repayment of 
education loans for certain health professionals who 
serve in the Selected Reserve. 
(b) TITLE 37 AUTHORITIES.—The following sections of 
title 37, United States Code, are amended by striking ‘‘De-
cember 31, 2012’’ and inserting ‘‘December 31, 2013’’: 
(1) Section 302c–1(f), relating to accession and 
retention bonuses for psychologists. 
(2) Section 302d(a)(1), relating to accession 
bonus for registered nurses. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00235
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
236 
(3) Section 302e(a)(1), relating to incentive spe-
cial pay for nurse anesthetists. 
(4) Section 302g(e), relating to special pay for 
Selected Reserve health professionals in critically 
short wartime specialties. 
(5) Section 302h(a)(1), relating to accession 
bonus for dental officers. 
(6) Section 302j(a), relating to accession bonus 
for pharmacy officers. 
(7) Section 302k(f), relating to accession bonus 
for medical officers in critically short wartime spe-
cialties. 
(8) Section 302l(g), relating to accession bonus 
for dental specialist officers in critically short war-
time specialties. 
SEC. 613. ONE-YEAR EXTENSION OF SPECIAL PAY AND 
BONUS AUTHORITIES FOR NUCLEAR OFFI-
CERS. 
The following sections of title 37, United States Code, 
are amended by striking ‘‘December 31, 2012’’ and insert-
ing ‘‘December 31, 2013’’: 
(1) Section 312(f), relating to special pay for 
nuclear-qualified officers extending period of active 
service. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00236
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
237 
(2) Section 312b(c), relating to nuclear career 
accession bonus. 
(3) Section 312c(d), relating to nuclear career 
annual incentive bonus. 
SEC. 614. ONE-YEAR EXTENSION OF AUTHORITIES RELAT-
ING TO TITLE 37 CONSOLIDATED SPECIAL 
PAY, INCENTIVE PAY, AND BONUS AUTHORI-
TIES. 
The following sections of title 37, United States Code, 
are amended by striking ‘‘December 31, 2012’’ and insert-
ing ‘‘December 31, 2013’’: 
(1) Section 331(h), relating to general bonus au-
thority for enlisted members. 
(2) Section 332(g), relating to general bonus au-
thority for officers. 
(3) Section 333(i), relating to special bonus and 
incentive pay authorities for nuclear officers. 
(4) Section 334(i), relating to special aviation 
incentive pay and bonus authorities for officers. 
(5) Section 335(k), relating to special bonus and 
incentive pay authorities for officers in health profes-
sions. 
(6) Section 351(h), relating to hazardous duty 
pay. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00237
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
238 
(7) Section 352(g), relating to assignment pay or 
special duty pay. 
(8) Section 353(i), relating to skill incentive pay 
or proficiency bonus. 
(9) Section 355(h), relating to retention incen-
tives for members qualified in critical military skills 
or assigned to high priority units. 
SEC. 615. ONE-YEAR EXTENSION OF AUTHORITIES RELAT-
ING TO PAYMENT OF OTHER TITLE 37 BO-
NUSES AND SPECIAL PAYS. 
The following sections of title 37, United States Code, 
are amended by striking ‘‘December 31, 2012’’ and insert-
ing ‘‘December 31, 2013’’: 
(1) Section 301b(a), relating to aviation officer 
retention bonus. 
(2) Section 307a(g), relating to assignment in-
centive pay. 
(3) Section 308(g), relating to reenlistment 
bonus for active members. 
(4) Section 309(e), relating to enlistment bonus. 
(5) Section 324(g), relating to accession bonus 
for new officers in critical skills. 
(6) Section 326(g), relating to incentive bonus 
for conversion to military occupational specialty to 
ease personnel shortage. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00238
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
239 
(7) Section 327(h), relating to incentive bonus 
for transfer between armed forces. 
(8) Section 330(f), relating to accession bonus for 
officer candidates. 
SEC. 616. INCREASE IN MAXIMUM AMOUNT OF OFFICER AF-
FILIATION BONUS FOR OFFICERS IN THE SE-
LECTED RESERVE. 
Section 308j(d) of title 37, United States Code, is 
amended by striking ‘‘$10,000’’ and inserting ‘‘$20,000’’. 
SEC. 617. INCREASE IN MAXIMUM AMOUNT OF INCENTIVE 
BONUS FOR RESERVE COMPONENT MEMBERS 
WHO 
CONVERT 
MILITARY 
OCCUPATIONAL 
SPECIALTY TO EASE PERSONNEL SHORT-
AGES. 
Section 326(c)(1) of title 37, United States Code, is 
amended by striking ‘‘$4,000, in the case of a member of 
a regular component of the armed forces, and $2,000, in 
the case of a member of a reserve component of the armed 
forces.’’ and inserting ‘‘$4,000.’’. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00239
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
240 
Subtitle C—Travel and Transpor-
tation Allowances Generally 
SEC. 621. TRAVEL AND TRANSPORTATION ALLOWANCES 
FOR NON-MEDICAL ATTENDANTS FOR MEM-
BERS RECEIVING CARE IN A RESIDENTIAL 
TREATMENT PROGRAM. 
(a) AUTHORIZED TRAVEL AND TRANSPORTATION.— 
Subsection (a) of section 481k of title 37, United States 
Code, is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘Under uniform 
regulations’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(2) Travel and transportation described in subsection 
(d) also may be provided for a qualified non-medical at-
tendant for a member of the uniformed services who is re-
ceiving care in a residential treatment program if the at-
tending physician or other mental health professional and 
the commander or head of the military medical facility ex-
ercising control over the member determine that the presence 
and participation of such an attendant is essential to the 
treatment of the member.’’. 
(b) CONFORMING AMENDMENTS.—Such section is fur-
ther amended— 
(1) in subsection (b)— 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00240
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
241 
(A) by striking ‘‘covered member’’ in the 
matter preceding paragraph (1) and inserting 
‘‘member’’; and 
(B) in paragraph (2), by striking ‘‘surgeon 
and the commander or head of the military med-
ical facility’’ and inserting ‘‘surgeon (or mental 
health professional in the case of a member de-
scribed in subsection (a)(2)) and the commander 
or head of the military medical facility exer-
cising control over the member’’; and 
(2) in subsection (c), by striking ‘‘this section’’ 
in the matter preceding paragraph (1) and inserting 
‘‘subsection (a)(1)’’. 
Subtitle D—Benefits and Services 
for Members Being Separated or 
Recently Separated 
SEC. 631. EXTENSION OF AUTHORITY TO PROVIDE TWO 
YEARS OF COMMISSARY AND EXCHANGE BEN-
EFITS AFTER SEPARATION. 
(a) EXTENSION OF AUTHORITY.—Section 1146 of title 
10, United States Code, is amended— 
(1) in subsection (a), by striking ‘‘2012’’ and in-
serting ‘‘2018’’; and 
(2) in subsection (b), by striking ‘‘2012’’ and in-
serting ‘‘2018’’. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00241
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
242 
(b) CORRECTION OF REFERENCE TO ADMINISTERING 
SECRETARY.—Such section is further amended— 
(1) in subsection (a), by striking ‘‘The Secretary 
of Transportation’’ and inserting ‘‘The Secretary con-
cerned’’; and 
(2) in subsection (b), by striking ‘‘The Secretary 
of Homeland Security’’ and inserting ‘‘The Secretary 
concerned’’. 
SEC. 632. TRANSITIONAL USE OF MILITARY FAMILY HOUS-
ING. 
(a) RESUMPTION
OF AUTHORITY
TO AUTHORIZE 
TRANSITIONAL USE.—Subsection (a) of section 1147 of title 
10, United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘October 1, 
1990, and ending on December 31, 2001’’ and insert-
ing ‘‘October 1, 2012, and ending on December 31, 
2018’’; and 
(2) in paragraph (2), by striking ‘‘October 1, 
1994, and ending on December 31, 2001’’ and insert-
ing ‘‘October 1, 2012, and ending on December 31, 
2018’’. 
(b) PROHIBITION
ON PROVISION
OF TRANSITIONAL 
BASIC ALLOWANCE FOR HOUSING.—Such section is further 
amended by adding at the end the following new subsection: 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00242
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
243 
‘‘(c) NO TRANSITIONAL BASIC ALLOWANCE FOR HOUS-
ING.—Nothing in this section shall be construed to authorize 
the Secretary concerned to continue to provide for any pe-
riod of time to an individual who is involuntary separated 
all or any portion of a basic allowance for housing to which 
the individual was entitled under section 403 of title 37 
immediately before being involuntarily separated, even in 
cases in which the individual or members of the individual’s 
household continue to reside after the separation in a hous-
ing unit acquired or constructed under the alternative au-
thority of subchapter IV of chapter 169 of this title that 
is not owned or leased by the United States.’’. 
(c) CORRECTION OF REFERENCE TO ADMINISTERING 
SECRETARY.—Subsection (a)(2) of such section is further 
amended by striking ‘‘The Secretary of Transportation’’ 
and inserting ‘‘The Secretary concerned’’. 
Subtitle E—Commissary and Non-
appropriated Fund Instrumen-
tality Benefits and Operations 
SEC. 641. CHARITABLE ORGANIZATIONS ELIGIBLE FOR DO-
NATIONS OF UNUSABLE COMMISSARY STORE 
FOOD AND OTHER FOOD PREPARED FOR THE 
ARMED FORCES. 
Subparagraph (A) of section 2485(f) of title 10, United 
States Code, is amended to read as follows: 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00243
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
244 
‘‘(A) A food bank, food pantry, or soup kitchen 
(as those terms are defined in section 201A of the 
Emergency Food Assistance Act of 1983 (7 U.S.C. 
7501)).’’. 
SEC. 642. REPEAL OF CERTAIN RECORDKEEPING AND RE-
PORTING REQUIREMENTS APPLICABLE TO 
COMMISSARY AND EXCHANGE STORES OVER-
SEAS. 
(a) REPEAL.—Section 2489 of title 10, United States 
Code, is amended by striking subsections (b) and (c). 
(b) CONFORMING AMENDMENTS.—Such section is fur-
ther amended— 
(1) by striking ‘‘GENERAL AUTHORITY.—(1)’’ 
and inserting ‘‘AUTHORITY TO ESTABLISH RESTRIC-
TIONS.—’’; 
(2) by striking ‘‘(2)’’ and inserting ‘‘(b) LIMITA-
TIONS ON USE OF AUTHORITY.—’’; and 
(3) by redesignating subparagraphs (A) and (B) 
as paragraphs (1) and (2), respectively. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00244
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
245 
SEC. 643. TREATMENT OF FISHER HOUSE FOR THE FAMI-
LIES OF THE FALLEN AND MEDITATION PA-
VILION AT DOVER AIR FORCE BASE, DELA-
WARE, AS A FISHER HOUSE. 
(a) FISHER
HOUSES
AND
AUTHORIZED
FISHER 
HOUSE RESIDENTS.—Subsection (a) of section 2493 of title 
10, United States Code, is amended— 
(1) in paragraph (1)(B), by striking ‘‘by pa-
tients’’ and all that follows through ‘‘such patients;’’ 
and inserting ‘‘by authorized Fisher House resi-
dents;’’; 
(2) by redesignating paragraph (2) as para-
graph (3); 
(3) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) The term ‘Fisher House’ includes the Fisher 
House for the Families of the Fallen and Meditation 
Pavilion at Dover Air Force Base, Delaware, so long 
as such facility is available for residential use on a 
temporary basis by authorized Fisher House resi-
dents.’’; and 
(4) by adding at the end the following new para-
graph: 
‘‘(4) The term ‘authorized Fisher House resi-
dents’ means the following: 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00245
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
246 
‘‘(A) With respect to a Fisher House de-
scribed in paragraph (1) that is located in prox-
imity to a health care facility of the Army, the 
Air Force, or the Navy, the following persons: 
‘‘(i) Patients of that health care facil-
ity. 
‘‘(ii) Members of the families of such 
patients. 
‘‘(iii) Other persons providing the 
equivalent of familial support for such pa-
tients. 
‘‘(B) With respect to the Fisher House de-
scribed in paragraph (2), the following persons: 
‘‘(i) The primary next of kin of a 
member of the armed forces who dies while 
located or serving overseas. 
‘‘(ii) Other family members of the de-
ceased member who are eligible for trans-
portation under section 411f(e) of title 37. 
‘‘(iii) An escort of a family member de-
scribed in clause (i) or (ii).’’. 
(b) CONFORMING AMENDMENTS.—Subsections (b), (e), 
(f), and (g) of such section are amended by striking ‘‘health 
care’’ each place it appears. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00246
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
247 
(c) REPEAL OF FISCAL YEAR 2012 FREESTANDING 
DESIGNATION.—Section 643 of the National Defense Au-
thorization Act for Fiscal Year 2012 (Public Law 112–81; 
125 Stat. 1466) is repealed. 
SEC. 644. PURCHASE OF SUSTAINABLE PRODUCTS, LOCAL 
FOOD PRODUCTS, AND RECYCLABLE MATE-
RIALS FOR RESALE IN COMMISSARY AND EX-
CHANGE STORE SYSTEMS. 
(a) 
IMPROVED
PURCHASING
EFFORTS.—Section 
2481(c) of title 10, United States Code, is amended by add-
ing at the end the following new paragraph: 
‘‘(3)(A) The governing body established pursuant to 
paragraph (2) shall endeavor to increase the purchase for 
resale at commissary stores and exchange stores of sustain-
able products, local food products, and recyclable materials. 
‘‘(B) As part of its efforts under subparagraph (A), 
the governing body shall develop— 
‘‘(i) guidelines for the identification of fresh 
meat, poultry, seafood, and fish, fresh produce, and 
other products raised or produced through sustainable 
methods; and 
‘‘(ii) goals, applicable to all commissary stores 
and exchange stores world-wide, to maximize, to the 
maximum extent practical, the purchase of sustain-
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00247
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
248 
able products, local food products, and recyclable ma-
terials by September 30, 2017.’’. 
(b) DEADLINE
FOR ESTABLISHMENT
AND GUIDE-
LINES.—The initial guidelines required by paragraph 
(3)(B)(i) of section 2481(c) of title 10, United States Code, 
as added by subsection (a), shall be issued not later than 
two years after the date of the enactment of this Act. 
Subtitle F—Disability, Retired Pay, 
and Survivor Benefits 
SEC. 651. REPEAL OF REQUIREMENT FOR PAYMENT OF SUR-
VIVOR BENEFIT PLAN PREMIUMS WHEN PAR-
TICIPANT WAIVES RETIRED PAY TO PROVIDE 
A SURVIVOR ANNUITY UNDER FEDERAL EM-
PLOYEES RETIREMENT SYSTEM AND TERMI-
NATING PAYMENT OF THE SURVIVOR BEN-
EFIT PLAN ANNUITY. 
(a) DEPOSITS NOT REQUIRED.—Section 1452(e) of 
title 10, United States Code, is amended— 
(1) in the subsection heading, by inserting ‘‘AND 
FERS’’ after ‘‘CSRS’’; 
(2) by inserting ‘‘or chapter 84 of such title,’’ 
after ‘‘chapter 83 of title 5’’; 
(3) by inserting ‘‘or 8416(a)’’ after ‘‘8339(j)’’; 
and 
(4) by inserting ‘‘or 8442(a)’’ after ‘‘8341(b)’’. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00248
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
249 
(b) CONFORMING AMENDMENTS.—Section 1450(d) of 
such title is amended— 
(1) by inserting ‘‘or chapter 84 of such title’’ 
after ‘‘chapter 83 of title 5’’; 
(2) by inserting ‘‘or 8416(a)’’ after ‘‘8339(j)’’; 
and 
(3) by inserting ‘‘or 8442(a)’’ after ‘‘8341(b)’’. 
(c) APPLICATION OF AMENDMENTS.—The amendments 
made by this section shall apply with respect to any partic-
ipant electing a annuity for survivors under chapter 84 of 
title 5, United States Code, on or after the date of the enact-
ment of this Act. 
Subtitle G—Other Matters 
SEC. 661. CONSISTENT DEFINITION OF DEPENDENT FOR 
PURPOSES OF APPLYING LIMITATIONS ON 
TERMS OF CONSUMER CREDIT EXTENDED TO 
CERTAIN MEMBERS OF THE ARMED FORCES 
AND THEIR DEPENDENTS. 
Paragraph (2) of section 987(i) of title 10, United 
States Code, is amended to read as follows: 
‘‘(2) DEPENDENT.—The term ‘dependent’, with 
respect to a covered member, means a person de-
scribed in subparagraph (A), (D), (E), or (I) of sec-
tion 1072(2) of this title.’’. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00249
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
250 
SEC. 662. LIMITATION ON REDUCTION IN NUMBER OF MILI-
TARY AND CIVILIAN PERSONNEL ASSIGNED 
TO DUTY WITH SERVICE REVIEW AGENCIES. 
Section 1559(a) of title 10, United States Code, is 
amended by striking ‘‘December 31, 2013’’ and inserting 
‘‘December 31, 2016’’. 
SEC. 663. EQUAL TREATMENT FOR MEMBERS OF COAST 
GUARD RESERVE CALLED TO ACTIVE DUTY 
UNDER TITLE 14, UNITED STATES CODE. 
(a) INCLUSION IN DEFINITION OF CONTINGENCY OP-
ERATION.—Section 101(a)(13)(B) of title 10, United States 
Code, is amended by inserting ‘‘section 712 of title 14,’’ 
after ‘‘chapter 15 of this title,’’. 
(b) CREDIT OF SERVICE TOWARDS REDUCTION OF 
ELIGIBILITY AGE FOR RECEIPT OF RETIRED PAY FOR NON- 
REGULAR SERVICE.—Section 12731(f)(2)(B) of title 10, 
United States Code, is amended by adding at the end the 
following new clause: 
‘‘(iv) Service on active duty described in this subpara-
graph is also service on active duty pursuant to a call or 
order to active duty authorized by the Secretary of Home-
land Security under section 712 of title 14 for purposes of 
emergency augmentation of the Regular Coast Guard 
forces.’’. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00250
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
251 
(c) POST 9/11 EDUCATIONAL ASSISTANCE.—Section 
3301(1)(B) of title 38, United States Code, is amended by 
inserting ‘‘or section 712 of title 14’’ after ‘‘title 10’’. 
(d) RETROACTIVE APPLICATION OF AMENDMENTS.— 
(1) INCLUSION OF PRIOR ORDERS.—The amend-
ments made by this section shall apply to any call or 
order to active duty authorized by the Secretary of 
Homeland Security under section 712 of title 14, 
United States Code, on or after April 19, 2010. 
(2) CREDIT FOR PRIOR SERVICE.—The amend-
ments made by this section shall be deemed to have 
been enacted on April 19, 2010, for purposes of ap-
plying the amendments to the following provisions of 
law: 
(A) Section 5538 of title 5, United States 
Code, relating to nonreduction in pay. 
(B) Section 701 of title 10, United States 
Code, relating to the accumulation and retention 
of leave. 
(C) Section 12731 of title 10, United States 
Code, relating to age and service requirements 
for receipt of retired pay for non-regular service. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00251
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
252 
TITLE VII—HEALTH CARE 
PROVISIONS 
Subtitle A—Improvements to Health 
Benefits 
SEC. 701. SENSE OF CONGRESS ON NONMONETARY CON-
TRIBUTIONS TO HEALTH CARE BENEFITS 
MADE BY CAREER MEMBERS OF THE ARMED 
FORCES AND THEIR FAMILIES. 
It is the sense of Congress that— 
(1) career members of the uniformed services and 
their families endure unique and extraordinary de-
mands and make extraordinary sacrifices over the 
course of a 20- to 30-year career in protecting free-
dom for all Americans; and 
(2) those decades of sacrifice constitute a signifi-
cant pre-paid premium for health care during a ca-
reer member’s retirement that is over and above what 
the member pays with money. 
SEC. 702. EXTENSION OF TRICARE STANDARD COVERAGE 
AND TRICARE DENTAL PROGRAM FOR MEM-
BERS OF THE SELECTED RESERVE WHO ARE 
INVOLUNTARILY SEPARATED. 
(a) 
TRICARE 
STANDARD
COVERAGE.—Section 
1076d(b) of title 10, United States Code, is amended— 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00252
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
253 
(1) by striking ‘‘Eligibility’’ and inserting ‘‘(1) 
Except as provided in paragraph (2), eligibility’’; 
and 
(2) by adding at the end the following new para-
graph: 
‘‘(2) During the period beginning on the earlier of the 
date of the enactment of the National Defense Authorization 
Act for Fiscal Year 2013 or October 1, 2012, and ending 
December 31, 2018, eligibility for a member under this sec-
tion who is involuntarily separated from the Selected Re-
serve under other than adverse conditions, as characterized 
by the Secretary concerned, shall terminate 180 days after 
the date on which the member is separated.’’. 
(b) 
TRICARE 
DENTAL
COVERAGE.—Section 
1076a(a)(1) of such title is amended by adding at the end 
the following new sentence: ‘‘During the period beginning 
on the earlier of the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 2013 or October 
1, 2012, and ending December 31, 2018, such plan shall 
provide that coverage for a member of the Selected Reserve 
who is involuntarily separated from the Selected Reserve 
under other than adverse conditions, as characterized by the 
Secretary concerned, shall not terminate earlier than 180 
days after the date on which the member is separated.’’. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00253
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
254 
SEC. 703. MEDICAL AND DENTAL CARE CONTRACTS FOR 
CERTAIN 
MEMBERS 
OF 
THE 
NATIONAL 
GUARD. 
(a) STANDARDS.—The Secretary of Defense shall en-
sure that each individual who receives medical or dental 
care under a covered contract meets the standards of med-
ical and dental readiness of the Secretary upon the mobili-
zation of the individual. 
(b) COVERED CONTRACT DEFINED.—In this section, 
the term ‘‘covered contract’’ means a contract entered into 
by the National Guard of a State to provide medical or 
dental care to the members of such National Guard to en-
sure that the members meet applicable standards of medical 
and dental readiness. 
Subtitle B—Health Care 
Administration 
SEC. 711. UNIFIED MEDICAL COMMAND. 
(a) UNIFIED COMBATANT COMMAND.— 
(1) IN GENERAL.—Chapter 6 of title 10, United 
States Code, is amended by inserting after section 
167a the following new section: 
‘‘§ 167b. Unified combatant command for medical op-
erations 
‘‘(a) ESTABLISHMENT.—With the advice and assist-
ance of the Chairman of the Joint Chiefs of Staff, the Presi-
dent, through the Secretary of Defense, shall establish under 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00254
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
255 
section 161 of this title a unified command for medical op-
erations (in this section referred to as the ‘unified medical 
command’). The principal function of the command is to 
provide medical services to the armed forces and other 
health care beneficiaries of the Department of Defense as 
defined in chapter 55 of this title. 
‘‘(b) ASSIGNMENT OF FORCES.—In establishing the 
unified medical command under subsection (a), all active 
military medical treatment facilities, training organiza-
tions, and research entities of the armed forces shall be as-
signed to such unified command, unless otherwise directed 
by the Secretary of Defense. 
‘‘(c) GRADE OF COMMANDER.—The commander of the 
unified medical command shall hold the grade of general 
or, in the case of an officer of the Navy, admiral while serv-
ing in that position, without vacating his permanent grade. 
The commander of such command shall be appointed to that 
grade by the President, by and with the advice and consent 
of the Senate, for service in that position. The commander 
of such command shall be a member of a health profession 
described in paragraph (1), (2), (3), (4), (5), or (6) of sec-
tion 335(j) of title 37. During the five-year period begin-
ning on the date on which the Secretary establishes the com-
mand under subsection (a), the commander of such com-
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00255
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
256 
mand shall be exempt from the requirements of section 
164(a)(1) of this title. 
‘‘(d) SUBORDINATE COMMANDS.—(1) The unified med-
ical command shall have the following subordinate com-
mands: 
‘‘(A) A command that includes all fixed military 
medical treatment facilities, including elements of the 
Department of Defense that are combined, operated 
jointly, or otherwise operated in such a manner that 
a medical facility of the Department of Defense is op-
erating in or with a medical facility of another de-
partment or agency of the United States. 
‘‘(B) A command that includes all medical 
training, education, and research and development 
activities that have previously been unified or com-
bined, including organizations that have been des-
ignated as a Department of Defense executive agent. 
‘‘(C) The Defense Health Agency established 
under subsection (f). 
‘‘(2) The commander of a subordinate command of the 
unified medical command shall hold the grade of lieutenant 
general or, in the case of an officer of the Navy, vice admiral 
while serving in that position, without vacating his perma-
nent grade. The commander of such a subordinate command 
shall be appointed to that grade by the President, by and 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00256
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
258 
‘‘(ii) for the forces described in subsection 
(b) assigned to unified combatant commands 
other than the unified medical command to the 
extent directed by the Secretary of Defense; and 
‘‘(iii) for military construction funds of the 
Defense Health Program. 
‘‘(D) Training assigned forces. 
‘‘(E) Conducting specialized courses of instruc-
tion for commissioned and noncommissioned officers. 
‘‘(F) Validating requirements. 
‘‘(G) Establishing priorities for requirements. 
‘‘(H) Ensuring the interoperability of equipment 
and forces. 
‘‘(I) Monitoring the promotions, assignments, re-
tention, training, and professional military education 
of medical officers described in paragraph (1), (2), 
(3), (4), (5), or (6) of section 335(j) of title 37. 
‘‘(3) The commander of such command shall be respon-
sible for the Defense Health Program, including the Defense 
Health Program Account established under section 1100 of 
this title. 
‘‘(f) DEFENSE HEALTH AGENCY.—(1) In establishing 
the unified medical command under subsection (a), the Sec-
retary shall also establish under section 191 of this title a 
defense agency for health care (in this section referred to 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00258
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
259 
as the ‘Defense Health Agency’), and shall transfer to such 
agency the organization of the Department of Defense re-
ferred to as the TRICARE Management Activity and all 
functions of the TRICARE Program (as defined in section 
1072(7)). 
‘‘(2) The director of the Defense Health Agency shall 
hold the rank of lieutenant general or, in the case of an 
officer of the Navy, vice admiral while serving in that posi-
tion, without vacating his permanent grade. The director 
of such agency shall be appointed to that grade by the Presi-
dent, by and with the advice and consent of the Senate, 
for service in that position. The director of such agency 
shall be a member of a health profession described in para-
graph (1), (2), (3), (4), (5), or (6) of section 335(j) of title 
37. 
‘‘(g) REGULATIONS.—In establishing the unified med-
ical command under subsection (a), the Secretary of Defense 
shall prescribe regulations for the activities of the unified 
medical command.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
inserting after the item relating to section 167a the 
following new item: 
‘‘167b. Unified combatant command for medical operations.’’. 
(b) PLAN, NOTIFICATION, AND REPORT.— 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00259
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
260 
(1) PLAN.—Not later than July 1, 2013, the Sec-
retary of Defense shall submit to the congressional de-
fense committees a comprehensive plan to establish the 
unified medical command authorized under section 
167b of title 10, United States Code, as added by sub-
section (a), including any legislative actions the Sec-
retary considers necessary to implement the plan. 
(2) NOTIFICATION.—The Secretary shall submit 
to the congressional defense committees written notifi-
cation of the time line of the Secretary to establish the 
unified medical command under such section 167b by 
not later than the date that is 30 days before estab-
lishing such command. 
(3) REPORT.—Not later than 180 days after sub-
mitting the notification under paragraph (2), the Sec-
retary shall submit to the congressional defense com-
mittees a report on— 
(A) the establishment of the unified medical 
command; and 
(B) the establishment of the Defense Health 
Agency under subsection (f) of such section 167b. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00260
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
261 
SEC. 712. AUTHORITY FOR AUTOMATIC ENROLLMENT IN 
TRICARE PRIME OF DEPENDENTS OF MEM-
BERS IN PAY GRADES ABOVE PAY GRADE E-4. 
Subsection (a) of section 1097a of title 10, United 
States Code, is amended to read as follows: 
‘‘(a) AUTOMATIC ENROLLMENT OF CERTAIN DEPEND-
ENTS.—(1) In the case of a dependent of a member of the 
uniformed services who is entitled to medical and dental 
care under section 1076(a)(2)(A) of this title and resides 
in an area in which TRICARE Prime is offered, the Sec-
retary— 
‘‘(A) shall automatically enroll the dependent in 
TRICARE Prime if the member is in pay grade E- 
4 or below; and 
‘‘(B) may automatically enroll the dependent in 
TRICARE Prime if the member is in pay grade E- 
5 or higher. 
‘‘(2) Whenever a dependent of a member is enrolled 
in TRICARE Prime under paragraph (1), the Secretary 
concerned shall provide written notice of the enrollment to 
the member. 
‘‘(3) The enrollment of a dependent of the member may 
be terminated by the member or the dependent at any 
time.’’. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00261
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
262 
SEC. 713. COOPERATIVE HEALTH CARE AGREEMENTS BE-
TWEEN THE MILITARY DEPARTMENTS AND 
NON-MILITARY HEALTH CARE ENTITIES. 
(a) AUTHORITY.—In addition to the authority of the 
Secretary of Defense under section 713 of the National De-
fense Authorization Act of 2010 (10 U.S.C. 1073 note), the 
Secretary of each military department may establish coop-
erative health care agreements between military installa-
tions and local or regional health care entities. 
(b) REQUIREMENTS.—In establishing an agreement 
under subsection (a), the Secretary concerned shall— 
(1) consult with— 
(A) representatives from the military instal-
lation selected for the agreement, including the 
TRICARE managed care support contractor 
with responsibility for such installation; and 
(B) Federal, State, and local government of-
ficials; 
(2) identify and analyze health care services 
available in the area in which the military installa-
tion is located, including such services available at a 
military medical treatment facility or in the private 
sector (or a combination thereof); 
(3) determine the cost avoidance or savings re-
sulting from innovative partnerships between the 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00262
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
263 
military department concerned and the private sector; 
and 
(4) determine the opportunities for and barriers 
to coordinating and leveraging the use of existing 
health care resources, including such resources of Fed-
eral, State, local, and private entities. 
(c) RULE OF CONSTRUCTION.—Nothing in this section 
shall be construed as authorizing the provision of health 
care services at military medical treatment facilities or 
other facilities of the Department of Defense to individuals 
who are not otherwise entitled or eligible for such services 
under chapter 55 of title 10, United States Code. 
(d) SECRETARY CONCERNED DEFINED.—In this sec-
tion, the term ‘‘Secretary concerned’’ has the meaning given 
that term in section 101(a)(9) of title 10, United States 
Code. 
SEC. 714. REQUIREMENT TO ENSURE THE EFFECTIVENESS 
AND EFFICIENCY OF HEALTH ENGAGEMENTS. 
(a) IN GENERAL.—The Secretary of Defense, in coordi-
nation with the Assistant Secretary of Defense for Health 
Affairs and the Uniformed Services University of the 
Health Sciences, shall develop a process to ensure that 
health engagements conducted by the Department of Defense 
are effective and efficient in meeting the national security 
goals of the United States. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00263
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
264 
(b) PROCESS GOALS.—The Assistant Secretary of De-
fense for Health Affairs and the Uniformed Services Univer-
sity of the Health Sciences shall ensure that each process 
developed under subsection (a)— 
(1) assesses the operational mission capabilities 
of the health engagement; 
(2) uses the collective expertise of the Federal 
Government and non-governmental organizations to 
ensure collaboration and partnering activities; and 
(3) assesses the stability and resiliency of the 
host nation of such engagement. 
(c) PILOT PROGRAMS.—The Secretary of Defense, in 
coordination with the Uniformed Services University of 
Health Sciences, may conduct pilot programs to assess the 
effectiveness of any process developed under subsection (a) 
to ensure the applicability of the process to health engage-
ments conducted by the Department of Defense. 
SEC. 715. CLARIFICATION OF APPLICABILITY OF FEDERAL 
TORT CLAIMS ACT TO SUBCONTRACTORS EM-
PLOYED TO PROVIDE HEALTH CARE SERV-
ICES TO THE DEPARTMENT OF DEFENSE. 
Section 1089(a) of title 10, United States Code, is 
amended in the last sentence— 
(1) by striking ‘‘if the physician, dentist, nurse, 
pharmacist, or paramedical’’ and inserting ‘‘to such 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00264
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
265 
a physician, dentist, nurse, pharmacist, or para-
medical’’; 
(2) by striking ‘‘involved is’’; and 
(3) by inserting before the period at the end the 
following: ‘‘or a subcontract at any tier under such 
a contract’’. 
SEC. 716. PILOT PROGRAM ON INCREASED THIRD-PARTY 
COLLECTION REIMBURSEMENTS IN MILITARY 
MEDICAL TREATMENT FACILITIES. 
(a) PILOT PROGRAM.— 
(1) IN GENERAL.—The Secretary of Defense, in 
coordination with the Secretaries of the military de-
partments, shall carry out a pilot program to assess 
the feasibility of using processes described in para-
graph (2) to increase the amounts collected under sec-
tion 1095 of title 10, United States Code, from a 
third-party payer for charges for health care services 
incurred by the United States at a military medical 
treatment facility. 
(2) PROCESSES DESCRIBED.—The processes de-
scribed in this paragraph are revenue-cycle improve-
ment processes, including cash-flow management and 
accounts-receivable processes. 
(b) REQUIREMENTS.—In carrying out the pilot pro-
gram under subsection (a)(1), the Secretary shall— 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00265
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
266 
(1) identify and analyze the best practice options 
with respect to the processes described in subsection 
(a)(2) that are used in nonmilitary health care facili-
ties; and 
(2) conduct a cost-benefit analysis to assess the 
pilot program, including an analysis of— 
(A) the different processes used in the pilot 
program; 
(B) the amount of third-party collections 
that resulted from such processes; 
(C) the cost to implement and sustain such 
processes; and 
(D) any other factors the Secretary deter-
mines appropriate to assess the pilot program. 
(c) LOCATIONS.—The Secretary shall carry out the 
pilot program under subsection (a)(1) at not less than two 
military installations of different military departments 
that meet the following criteria: 
(1) There is a military medical treatment facil-
ity that has inpatient and outpatient capabilities at 
the installation. 
(2) At least 40 percent of the military bene-
ficiary population residing in the catchment area 
surrounding the installation is potentially covered by 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00266
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
267 
a third-party payer (as defined in section 1095(h)(1) 
of title 10, United States Code). 
(d) DURATION.—The Secretary shall commence the 
pilot program under subsection (a)(1) by not later than 270 
days after the date of the enactment of this Act and shall 
carry out such program for three years. 
(e) REPORT.—Not later than 180 days after com-
pleting the pilot program under subsection (a)(1), the Sec-
retary shall submit to the congressional defense committees 
a report describing the results of the program, including— 
(1) a comparison of— 
(A) the processes described in subsection 
(a)(2) that were used in the military medical 
treatment facilities participating in the pro-
gram; and 
(B) the third-party collection processes used 
by military medical treatment facilities not in-
cluded in the program; 
(2) a cost analysis of implementing the processes 
described in subsection (a)(2) for third-party collec-
tions at military medical treatment facilities; and 
(3) an assessment of the program, including any 
recommendations to improve third-party collections. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00267
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
268 
SEC. 717. PILOT PROGRAM FOR REFILLS OF MAINTENANCE 
MEDICATIONS FOR TRICARE FOR LIFE BENE-
FICIARIES THROUGH THE TRICARE MAIL- 
ORDER PHARMACY PROGRAM. 
(a) IN GENERAL.—The Secretary of Defense shall con-
duct a pilot program to refill prescription maintenance 
medications for each TRICARE for Life beneficiary through 
the national mail-order pharmacy program under section 
1074g(a)(2)(E)(iii) of title 10, United States Code. 
(b) MEDICATIONS COVERED.— 
(1) DETERMINATION.—The Secretary shall deter-
mine the prescription maintenance medications in-
cluded in the pilot program under subsection (a). 
(2) SUPPLY.—In carrying out the pilot program 
under subsection (a), the Secretary shall ensure that 
the medications included in the program are— 
(A) generally available to the TRICARE for 
Life beneficiary through retail pharmacies only 
for an initial filling of a 30-day or less supply; 
and 
(B) any refills of such medications are ob-
tained through the national mail-order phar-
macy program. 
(3) EXEMPTION.— The Secretary may exempt 
the following prescription maintenance medications 
from the requirements in paragraph (2): 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00268
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
269 
(A) Such medications that are for acute 
care needs. 
(B) Such other medications as the Secretary 
determines appropriate. 
(c) NONPARTICIPATION.— 
(1) 
OPT
OUT.—The 
Secretary 
shall 
give 
TRICARE for Life beneficiaries who have been cov-
ered by the pilot program under subsection (a) for a 
period of one year an opportunity to opt out of con-
tinuing to participate in the program. 
(2) WAIVER.—The Secretary may waive the re-
quirement of a TRICARE for Life beneficiary to par-
ticipate in the pilot program under subsection (a) if 
the Secretary determines, on an individual basis, that 
such waiver is appropriate. 
(d) TRICARE FOR LIFE BENEFICIARY DEFINED.—In 
this section, the term ‘‘TRICARE for Life beneficiary’’ 
means a TRICARE beneficiary enrolled in the Medicare 
wraparound coverage option of the TRICARE program 
made available to the beneficiary by reason of section 
1086(d) of title 10, United States Code. 
(e) REPORTS.—Not later than March 31 of each year 
beginning in 2014 and ending in 2018, the Secretary shall 
submit to the congressional defense committees a report on 
the pilot program under subsection (a), including the effects 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00269
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
270 
of offering incentives for the use of mail order pharmacies 
by TRICARE beneficiaries and the effect on retail phar-
macies. 
(f) SUNSET.—The Secretary may not carry out the 
pilot program under subsection (a) after December 31, 
2017. 
SEC. 718. COST-SHARING RATES FOR PHARMACY BENEFITS 
PROGRAM OF THE TRICARE PROGRAM. 
(a) IN GENERAL.—Section 1074g(a)(6) of title 10, 
United States Code, is amended— 
(1) by amending subparagraph (A) to read as 
follows: 
‘‘(A) The Secretary, in the regulations prescribed 
under subsection (h), shall establish cost-sharing require-
ments under the pharmacy benefits program. In accordance 
with subparagraph (C), such cost-sharing requirements 
shall consist of the following: 
‘‘(i) With respect to each supply of a prescrip-
tion covering not more than 30 days that is obtained 
by a covered beneficiary under the TRICARE retail 
pharmacy program— 
‘‘(I) in the case of generic agents, $5; 
‘‘(II) in the case of formulary agents, $17; 
and 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00270
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
271 
‘‘(III) in the case of nonformulary agents, 
$44. 
‘‘(ii) With respect to each supply of a prescrip-
tion covering not more than 90 days that is obtained 
by a covered beneficiary under the national mail- 
order pharmacy program— 
‘‘(I) in the case of generic agents, $0; 
‘‘(II) in the case of formulary agents, $13; 
and 
‘‘(III) in the case of nonformulary agents, 
$43.’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(C) Beginning October 1, 2013, the Secretary may 
only increase in any year the cost-sharing amount estab-
lished under subparagraph (A) by an amount equal to the 
percentage by which retired pay is increased under section 
1401a of this title.’’. 
(b) EFFECTIVE DATE.—The cost-sharing requirements 
under section 1074g(a)(6)(A) of title 10, United States 
Code, as amended by subsection (a)(1), shall apply with re-
spect to prescriptions obtained under the TRICARE phar-
macy benefits program on or after October 1, 2012. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00271
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
272 
SEC. 719. REVIEW OF THE ADMINISTRATION OF THE MILI-
TARY HEALTH SYSTEM. 
Section 716(a)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 2012 (Public Law 112–81; 125 
Stat. 1477) is amended by striking ‘‘until a 120-day pe-
riod’’ and all that follows through the period and inserting 
the following: ‘‘until the Secretary implements and com-
pletes any recommendations included in the report sub-
mitted by the Comptroller General of the United States 
under subsection (b)(3) and notifies the congressional de-
fense committees of such implementation and completion.’’. 
Subtitle C—Reports and Other 
Matters 
SEC. 721. EXTENSION OF COMPTROLLER GENERAL REPORT 
ON CONTRACT HEALTH CARE STAFFING FOR 
MILITARY MEDICAL TREATMENT FACILITIES. 
Section 726(a) of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1480) is amended by striking ‘‘March 31, 2012’’ and insert-
ing ‘‘March 31, 2013’’. 
SEC. 722. EXTENSION OF COMPTROLLER GENERAL REPORT 
ON WOMEN-SPECIFIC HEALTH SERVICES AND 
TREATMENT FOR FEMALE MEMBERS OF THE 
ARMED FORCES. 
Section 725(c) of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00272
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
273 
1480) is amended by striking ‘‘December 31, 2012’’ and in-
serting ‘‘March 31, 2013’’. 
SEC. 723. ESTABLISHMENT OF TRICARE WORKING GROUP. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) children of members of the Armed Forces de-
serve health-care practices and policies that— 
(A) are designed to meet their pediatric-spe-
cific needs; 
(B) 
are 
developed 
and 
determined 
proactively and comprehensively; and 
(C) ensure and maintain their access to pe-
diatric-specific treatments, providers, and facili-
ties. 
(2) children’s health-care needs and standards of 
care are different and distinct from those of adults, 
therefore the TRICARE program should undertake a 
proactive, comprehensive approach to review and 
analyze its policies and practices to meet the needs of 
children to ensure that children and their families re-
ceive appropriate care in proper settings and avoid 
unnecessary challenges in seeking or obtaining proper 
health care; 
(3) a proactive and comprehensive review is nec-
essary because the reimbursement structure of the 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00273
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
274 
TRICARE program is patterned upon Medicare and 
the resulting policies and practices of the TRICARE 
program do not always properly reflect appropriate 
standards for pediatric care; 
(4) one distinct aspect of children’s health care 
is the need for specialty care and services for children 
with special-health-care needs and chronic-health con-
ditions; 
(5) the requirement for specialized health care 
and developmental support is an ongoing and serious 
matter of day-to-day life for families with children 
with special or chronic-health-care needs; 
(6) 
the 
Department 
of 
Defense 
and 
the 
TRICARE program, recognizing the special needs of 
certain children, have instituted special-needs pro-
grams, including the ECHO program, but there are 
collateral needs that are not being met, generally be-
cause the services are provided in the local commu-
nity rather than by the Department of Defense, who 
may not always have the best tools or knowledge to 
access these State and local resources; 
(7) despite wholehearted efforts by the Depart-
ment of Defense, a gap exists between linking mili-
tary families with children with special-health-care 
needs and chronic conditions with the resources and 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00274
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
275 
services available from local or regional highly spe-
cialized providers and the communities and States in 
which they reside; 
(8) the gap is especially exacerbated by the mo-
bility of military families, who often move from State 
to State, because special-needs health care, edu-
cational, and social services are very specific to each 
local community and State and such services often 
have lengthy waiting lists; and 
(9) the Department of Defense will be better able 
to assist military families with children with special- 
health-care needs fill the gap by collaborating with 
special-health-care needs providers and those knowl-
edgeable about the opportunities for such children that 
are provided by States and local communities. 
(b) ESTABLISHMENT.— 
(1) IN GENERAL.—The Secretary of Defense shall 
establish a working group to carry out a review of the 
TRICARE program with respect to— 
(A) pediatric health care needs under para-
graph (2); and 
(B) pediatric special and chronic health 
care needs under paragraph (3). 
(2) PEDIATRIC HEALTH CARE NEEDS.— 
(A) DUTIES.—The working group shall— 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00275
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
276 
(i) comprehensively review the policy 
and practices of the TRICARE program 
with respect to providing pediatric health 
care; 
(ii) recommend changes to such policies 
and practices to ensure that— 
(I) children receive appropriate 
care in an appropriate manner, at the 
appropriate time, and in an appro-
priate setting; and 
(II) access to care and treatment 
provided by pediatric providers and 
children’s hospitals remains available 
for families with children; and 
(iii) develop a plan to implement such 
changes. 
(B) REVIEW.—In carrying out the duties 
under subparagraph (A), the working group 
shall— 
(i) identify improvements in policies, 
practices, 
and 
administration 
of 
the 
TRICARE program with respect to pedi-
atric-specific health care and pediatric-spe-
cific healthcare settings; 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00276
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
277 
(ii) analyze the direct and indirect ef-
fects of the reimbursement policies and 
practices of the TRICARE program with re-
spect to pediatric care and care provided in 
pediatric settings; 
(iii) consider case management pro-
grams with respect to pediatric complex 
and chronic care, including whether pedi-
atric specific programs are necessary; 
(iv) develop a plan to ensure that the 
TRICARE program addresses pediatric-spe-
cific health care needs on an on-going basis 
beyond the life of the working group; 
(v) consider how the TRICARE pro-
gram can work with the pediatric provider 
community to ensure access, promote com-
munication and collaboration, and optimize 
experiences of military families seeking and 
receiving health care services for children; 
and 
(vi) review matters that further the 
mission of the working group. 
(3) PEDIATRIC SPECIAL AND CHRONIC HEALTH 
CARE NEEDS.— 
(A) DUTIES.—The working group shall— 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00277
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
278 
(i) review the methods in which fami-
lies in the TRICARE program who have 
children with special-health-care needs ac-
cess community resources and health-care 
resources; 
(ii) review how having access to, and 
a better understanding of, community re-
sources may improve access to health care 
and support services; 
(iii) recommend methods to accomplish 
improved access by such children and fami-
lies to community resources and health-care 
resources, including through collaboration 
with children’s hospitals and other pro-
viders of pediatric specialty care, local 
agencies, local communities, and States; 
(iv) consider approaches and make rec-
ommendations for the improved integration 
of individualized or compartmentalized 
medical and family support resources for 
military families; 
(v) work closely with the Office of 
Community Support for Military Families 
with Special Needs of the Department of 
Defense and other relevant offices to avoid 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00278
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
279 
redundancies and target shared areas of 
concern for children with special or chronic- 
health-care needs; and 
(vi) review any relevant information 
learned and findings made by the working 
group under this paragraph that may be 
considered or adopted in a consistent man-
ner with respect to improving access, re-
sources, and services for adults with special 
needs. 
(B) REVIEW.—In carrying out the duties 
under subparagraph (A), the working group 
shall— 
(i) discuss improvements to special 
needs health care policies and practices; 
(ii) determine how to support and pro-
tect families of members of the National 
Guard or Reserve Components as the mem-
bers transition into and out of the relevant 
Exceptional Family Member Program or 
the ECHO program; 
(iii) analyze case management services 
to improve consistency, communication, 
knowledge, and understanding of resources 
and community contacts; 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00279
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
280 
(iv) identify areas in which a State 
may offer services that are not covered by 
the TRICARE program or the ECHO pro-
gram and how to coordinate such services; 
(v) identify steps that States and com-
munities can take to improve support for 
military families of children with special 
health care needs; 
(vi) consider how the TRICARE pro-
gram and other programs of the Depart-
ment of Defense can work with specialty pe-
diatric providers and resource communities 
to ensure access, promote communication 
and collaboration, and optimize experiences 
of military families seeking and receiving 
health care services for their children with 
special or chronic health care needs; 
(vii) consider special and chronic 
health care in a comprehensive manner 
without focus on one or more conditions or 
diagnoses to the exclusion of others; 
(viii) focus on ways to create innova-
tive partnerships, linkages, and access to in-
formation and resources for military fami-
lies across the spectrum of the special-needs 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00280
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
281 
community and between the medical com-
munity and the family support community; 
and 
(ix) review matters that further the 
mission of the working group. 
(c) MEMBERSHIP.— 
(1) APPOINTMENTS.—The working group shall be 
composed of not less than 14 members as follows: 
(A) The Chief Medical Officer of the 
TRICARE program, who shall serve as chair-
person. 
(B) The Chief Medical Officers of the North, 
South, 
and 
West 
regional 
offices 
of 
the 
TRICARE program. 
(C) One individual representing the Army 
appointed by the Surgeon General of the Army. 
(D) One individual representing the Navy 
appointed by the Surgeon General of the Navy. 
(E) One individual representing the Air 
Force appointed by the Surgeon General of the 
Air Force. 
(F) One individual representing the re-
gional managed care support contractor of the 
North region of the TRICARE program ap-
pointed by such contractor. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00281
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
283 
working group shall be filled in the manner in which 
the original appointment was made. 
(3) TRAVEL EXPENSES.—Each member shall re-
ceive travel expenses, including per diem in lieu of 
subsistence, in accordance with applicable provisions 
under subchapter I of chapter 57 of title 5, United 
States Code. 
(4) STAFF.—The Secretary of Defense shall en-
sure that employees of the TRICARE program pro-
vide the working group with the necessary support to 
carry out this section. 
(d) MEETINGS.— 
(1) SCHEDULE.—The working group shall— 
(A) convene its first meeting not later than 
60 days after the date of the enactment of this 
Act; and 
(B) convene not less than four other times. 
(2) FORM.—Any meeting of the working group 
may be conducted in-person or through the use of 
video conferencing. 
(3) QUORUM.—Seven members of the working 
group shall constitute a quorum but a lesser number 
may hold hearings. 
(e) ADVICE.—With respect to carrying out the review 
of the TRICARE program and pediatric special and chron-
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00283
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
284 
ic health care needs under subsection (b)(3), the working 
group shall seek counsel from the following individuals act-
ing as an expert advisory group: 
(1) One individual representing the Exceptional 
Family Member Program of the Army. 
(2) One individual representing the Exceptional 
Family Member Program of the Navy. 
(3) One individual representing the Exceptional 
Family Member Program of the Air Force. 
(4) One individual representing the Exceptional 
Family Member Program of the Marine Corps. 
(5) One individual representing the Office of 
Community Support for Military Families with Spe-
cial Needs. 
(6) One individual who is not an employee of an 
organization representing military families shall rep-
resent a military family with a child with special 
health care needs. 
(7) Not more than three individuals representing 
organizations that— 
(A) are not otherwise represented in this 
paragraph or in the working group; and 
(B) possess expertise needed to carry out the 
goals of the working group. 
(f) REPORTS REQUIRED.— 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00284
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
285 
(1) REPORT.—Not later than 12 months after the 
date on which the working group convenes its first 
meeting, the working group shall submit to the con-
gressional defense committees a report including— 
(A) any changes described in subsection 
(b)(2)(A)(ii) identified by the working group 
that— 
(i) require legislation to carry out, in-
cluding proposed legislative language for 
such changes; 
(ii) require regulations to carry out, 
including proposed regulatory language for 
such changes; and 
(iii) may be carried out without legis-
lation or regulations, including a time line 
for such changes; and 
(B) steps that States and local communities 
may take to improve the experiences of military 
families with special-needs children in inter-
acting with and accessing State and local com-
munity resources. 
(2) FINAL REPORT.—Not later than 18 months 
after the date on which the report is submitted under 
paragraph (1), the working group shall submit to the 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00285
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
286 
congressional defense committees a final report in-
cluding— 
(A) any additional information and up-
dates to the report submitted under paragraph 
(1); 
(B) information with respect to how the 
Secretary of Defense is implementing the changes 
identified in the report submitted under para-
graph (1); and 
(C) information with respect to any steps 
described in subparagraph (B) of such para-
graph that were taken by States and local com-
munities after the date on which such report was 
submitted. 
(g) TERMINATION.—The working group shall termi-
nate on the date that is 30 days after the date on which 
the working group submits the final report pursuant to sub-
section (f)(2). 
(h) DEFINITIONS.—In this Act: 
(1) The term ‘‘children’’ means dependents of a 
member of the Armed Forces who are— 
(A) individuals who have not yet attained 
the age of 21; or 
(B) individuals who have not yet attained 
the age of 27 if the inclusion of such dependents 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00286
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
287 
is applicable and relevant to a program or pol-
icy being reviewed under this Act. 
(2) The term ‘‘congressional defense committees’’ 
has the meaning given that term in section 
101(a)(16) of title 10, United States Code. 
(3) The term ‘‘ECHO program’’ means the pro-
gram established pursuant to subsections (d) through 
(e) of section 1079 of title 10, United States Code 
(commonly referred to as the ‘‘Extended Care Health 
Option program’’). 
(4) The term ‘‘TRICARE program’’ means the 
managed health care program that is established by 
the Department of Defense under chapter 55 of title 
10, United States Code. 
SEC. 724. REPORT ON STRATEGY TO TRANSITION TO USE 
OF HUMAN-BASED METHODS FOR CERTAIN 
MEDICAL TRAINING. 
(a) REPORT.— 
(1) IN GENERAL.—Not later than March 1, 2013, 
the Secretary of Defense shall submit to the congres-
sional defense committees a report that outlines a 
strategy to refine, reduce, and, when appropriate, 
transition to using human-based training methods for 
the purpose of training members of the Armed Forces 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00287
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
288 
in the treatment of combat trauma injuries by Octo-
ber 1, 2017. 
(2) ELEMENTS.—The report under paragraph 
(1) shall include the following: 
(A) Required research, development, testing, 
and evaluation investments to validate human- 
based training methods to refine, reduce, and, 
when appropriate, transition to the use of live 
animals in medical education and training by 
October 1, 2015. 
(B) Phased sustainment and readiness costs 
to refine, reduce, and, when appropriate, replace 
the use of live animals in medical education and 
training by October 1, 2017. 
(C) Any risks associated with transitioning 
to human-based training methods, including re-
source availability, anticipated technological de-
velopment time lines, and potential impact on 
the present combat trauma training curricula. 
(D) An assessment of the potential affect of 
transitioning to human based-training methods 
on the quality of medical care delivered on the 
battlefield including any reduction in the com-
petency of combat medical personnel. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00288
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
289 
(E) An assessment of risks to maintaining 
the level of combat life-saver techniques per-
formed by all members of the Armed Forces. 
(b) UPDATED ANNUAL REPORTS.—Not later than 
March 1, 2014, and each year thereafter, the Secretary shall 
submit to the congressional defense committees a report on 
the development and implementation of human-based train-
ing methods for the purposes of training members of the 
Armed Forces in the treatment of combat trauma injuries 
under this section. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘combat trauma injuries’’ means 
severe injuries likely to occur during combat, includ-
ing— 
(A) extremity hemorrhage; 
(B) tension pneumothorax; 
(C) amputation resulting from blast injury; 
(D) compromises to the airway; and 
(E) other injuries. 
(2) The term ‘‘human-based training methods’’ 
means, with respect to training individuals in med-
ical treatment, the use of systems and devices that do 
not use animals, including— 
(A) simulators; 
(B) partial task trainers; 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00289
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
290 
(C) moulage; 
(D) simulated combat environments; and 
(E) human cadavers. 
(3) The term ‘‘partial task trainers’’ means 
training aids that allow individuals to learn or prac-
tice specific medical procedures. 
TITLE VIII—ACQUISITION POL-
ICY, ACQUISITION MANAGE-
MENT, AND RELATED MAT-
TERS 
Subtitle A—Acquisition Policy and 
Management 
SEC. 801. PILOT EXEMPTION REGARDING TREATMENT OF 
PROCUREMENTS ON BEHALF OF THE DE-
PARTMENT OF DEFENSE IN ACCORDANCE 
WITH THE DEPARTMENT OF ENERGY’S WORK 
FOR OTHERS PROGRAM. 
(a) EXEMPTION FROM INSPECTOR GENERAL REVIEWS 
AND DETERMINATIONS.—Subsection (a) of section 801 of 
the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110–181; 10 U.S.C. 2304 note) is amend-
ed by adding at the end the following new paragraph: 
‘‘(7) TREATMENT OF PROCUREMENTS THROUGH 
DEPARTMENT OF ENERGY.—For purposes of this sub-
section, effective during the 24-month period begin-
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00290
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
291 
ning on the date of the enactment of the National De-
fense Authorization Act for Fiscal Year 2013, the pro-
curement of property or services on behalf of the De-
partment of Defense pursuant to an interagency 
agreement between the Department of Defense and the 
Department of Energy in accordance with the De-
partment of Energy’s Work For Others Program, 
under which the property or services are provided by 
a management and operating contractor of the De-
partment of Energy and are procured on behalf of the 
Department of Defense, shall not be considered a pro-
curement of property or services on behalf of the De-
partment of Defense by a covered non-defense agen-
cy.’’. 
(b) EXEMPTION FROM CERTAIN CERTIFICATION RE-
QUIREMENTS.—Subsection (b) of such section is amended— 
(1) in paragraph (1), by striking ‘‘paragraph 
(2)’’ and inserting ‘‘paragraphs (2) and (4)’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(4) EXCEPTION
FOR
PROCUREMENTS
IN
AC-
CORDANCE
WITH
THE
DEPARTMENT
OF
ENERGY’S 
WORK FOR OTHERS PROGRAM.—Effective during the 
24-month period beginning on the date of the enact-
ment of the National Defense Authorization Act for 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00291
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
292 
Fiscal Year 2013, the limitation in paragraph (1) 
shall not apply to the procurement of property or 
services on behalf of the Department of Defense pursu-
ant to an interagency agreement between the Depart-
ment of Defense and the Department of Energy in ac-
cordance with the Department of Energy’s Work for 
Others Program, under which the property or services 
are provided by a management and operating con-
tractor of the Department of Energy and procured on 
behalf of the Department of Defense.’’. 
(c) CERTIFICATION.—Not later than 20 months after 
the date of the enactment of this Act, the Under Secretary 
of Defense for Acquisition, Technology, and Logistics shall 
submit to the congressional defense committees the fol-
lowing: 
(1) A statement certifying whether the procure-
ment policies, procedures, and internal controls of the 
Department of Energy provide sufficient protection 
and oversight for Department of Defense funds ex-
pended through the Department of Energy Work for 
Others Program. 
(2) A recommendation regarding whether the 
pilot exemption granted by the amendments made by 
this section should be extended. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00292
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
293 
Subtitle B—Amendments to General 
Contracting Authorities, Proce-
dures, and Limitations 
SEC. 811. MODIFICATION OF TIME PERIOD FOR CONGRES-
SIONAL NOTIFICATION OF THE LEASE OF 
CERTAIN VESSELS BY THE DEPARTMENT OF 
DEFENSE. 
Section 2401(h)(2) of title 10, United States Code, is 
amended by striking ‘‘30 days of continuous session of Con-
gress’’ and inserting ‘‘60 days’’. 
SEC. 812. EXTENSION OF AUTHORITY FOR USE OF SIM-
PLIFIED 
ACQUISITION 
PROCEDURES 
FOR 
CERTAIN COMMERCIAL ITEMS. 
(a) EXTENSION.—Effective as of January 1, 2012, sec-
tion 4202 of the Clinger–Cohen Act of 1996 (division D of 
Public Law 104–106; 110 Stat. 652; 10 U.S.C. 2304 note) 
is amended in subsection (e) by striking ‘‘2012’’ and insert-
ing ‘‘2015’’. 
(b) 
TECHNICAL
AMENDMENT
TO
CROSS
REF-
ERENCES.—Subsection (e) of such Act is further amended 
by striking ‘‘section 303(g)(1) of the Federal Property and 
Administrative Services Act of 1949, and section 31(a) of 
the Office of Federal Procurement Policy Act, as amended 
by this section,’’ and inserting ‘‘section 3305(a) of title 41, 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00293
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
294 
United States Code, and section 1901(a) of title 41, United 
States Code,’’. 
SEC. 813. CODIFICATION AND AMENDMENT RELATING TO 
LIFE-CYCLE 
MANAGEMENT 
AND 
PRODUCT 
SUPPORT REQUIREMENTS. 
(a) CODIFICATION AND AMENDMENT.— 
(1) IN
GENERAL.—Chapter 137 of title 10, 
United States Code, is amended by adding at the end 
the following new section: 
‘‘§ 2335. Life-cycle management and product support 
‘‘(a) GUIDANCE ON LIFE-CYCLE MANAGEMENT.—The 
Secretary of Defense shall issue and maintain comprehen-
sive guidance on life-cycle management and the develop-
ment and implementation of product support strategies for 
major weapon systems. The guidance issued pursuant to 
this subsection shall— 
‘‘(1) maximize competition and make the best 
possible use of available Department of Defense and 
industry resources at the system, subsystem, and com-
ponent levels; and 
‘‘(2) maximize value to the Department of De-
fense by providing the best possible product support 
outcomes at the lowest operations and support cost. 
‘‘(b) PRODUCT SUPPORT MANAGERS.— 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00294
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
295 
‘‘(1) REQUIREMENT.—The Secretary of Defense 
shall require that each major weapon system be sup-
ported by a product support manager in accordance 
with this subsection. 
‘‘(2) RESPONSIBILITIES.—A product support 
manager for a major weapon system shall— 
‘‘(A) develop and implement a comprehen-
sive product support strategy for the weapon sys-
tem; 
‘‘(B) use advanced predictive analysis to the 
extent practicable to improve material avail-
ability and reliability, increase operational 
availability rates, and reduce operation and 
sustainment costs; 
‘‘(C) conduct appropriate cost analyses to 
validate the product support strategy, including 
cost-benefit analyses as outlined in Office of 
Management and Budget Circular A-94; 
‘‘(D) ensure achievement of desired product 
support outcomes through development and im-
plementation of appropriate product support ar-
rangements; 
‘‘(E) adjust performance requirements and 
resource allocations across product support inte-
grators and product support providers as nec-
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00295
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
296 
essary to optimize implementation of the product 
support strategy; 
‘‘(F) periodically review product support 
arrangements between the product support inte-
grators and product support providers to ensure 
the arrangements are consistent with the overall 
product support strategy; 
‘‘(G) prior to each change in the product 
support strategy or every five years, whichever 
occurs first, revalidate any business-case analysis 
performed in support of the product support 
strategy; and 
‘‘(H) ensure that the product support strat-
egy maximizes small business participation at 
the appropriate tiers and apply the requirements 
of section 15(g) of the Small Business Act (15 
U.S.C. 644(g)) in a manner that ensures that 
small business concerns are not inappropriately 
selected for performance as a prime contractor. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) PRODUCT
SUPPORT.—The term ‘product 
support’ means the package of support functions re-
quired to field and maintain the readiness and oper-
ational capability of major weapon systems, sub-
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00296
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
297 
systems, and components, including all functions re-
lated to weapon system readiness. 
‘‘(2) PRODUCT SUPPORT ARRANGEMENT.— The 
term ‘product support arrangement’ means a con-
tract, task order, or any type of other contractual ar-
rangement, or any type of agreement or non-contrac-
tual arrangement within the Federal Government, for 
the performance of sustainment or logistics support 
required for major weapon systems, subsystems, or 
components. The term includes arrangements for any 
of the following: 
‘‘(A) Performance-based logistics. 
‘‘(B) Sustainment support. 
‘‘(C) Contractor logistics support. 
‘‘(D) Life-cycle product support. 
‘‘(E) Weapon systems product support. 
‘‘(3) 
PRODUCT
SUPPORT
INTEGRATOR.—The 
term ‘product support integrator’ means an entity 
within the Federal Government or outside the Federal 
Government charged with integrating all sources of 
product support, both private and public, defined 
within the scope of a product support arrangement. 
‘‘(4) PRODUCT SUPPORT PROVIDER.—The term 
‘product support provider’ means an entity that pro-
vides product support functions. The term includes an 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00297
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
298 
entity within the Department of Defense, an entity 
within the private sector, or a partnership between 
such entities. 
‘‘(5) MAJOR WEAPON SYSTEM.—The term ‘major 
weapon system’ has the meaning given that term in 
section 2302d of this title. 
‘‘(6) ADVANCED
PREDICTIVE
ANALYSIS.—The 
term ‘advanced predictive analysis’ means a type of 
analysis that applies advanced predictive modeling 
methodology to life-cycle management and product 
support by using event simulation to account for 
variations in asset demand over time, including 
events such as current equipment condition, planned 
usage, aging of parts, maintenance capacity and 
quality, and logistics response.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 137 of such title is 
amended by adding at the end the following new item: 
‘‘2335. Life-cycle management and product support.’’. 
(b) REPEAL OF SUPERSEDED SECTION.—Section 805 
of the National Defense Authorization Act for Fiscal Year 
2010 (Public Law 111–84; 10 U.S.C. 2302) is repealed. 
SEC. 814. CODIFICATION OF REQUIREMENT RELATING TO 
GOVERNMENT PERFORMANCE OF CRITICAL 
ACQUISITION FUNCTIONS. 
(a) CODIFICATION.— 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00298
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
299 
(1) IN GENERAL.—Subchapter I of chapter 87 of 
title 10, United States Code, is amended by adding 
at the end the following new section: 
‘‘§ 1706. Government performance of certain acquisi-
tion functions 
‘‘(a) GOAL.—It shall be the goal of the Department of 
Defense and each of the military departments to ensure 
that, for each major defense acquisition program and each 
major automated information system program, each of the 
following positions is performed by a properly qualified 
member of the armed forces or full-time employee of the De-
partment of Defense: 
‘‘(1) Program manager. 
‘‘(2) Deputy program manager. 
‘‘(3) Product support manager. 
‘‘(4) Chief engineer. 
‘‘(5) Systems engineer. 
‘‘(6) Chief developmental tester. 
‘‘(7) Cost estimator. 
‘‘(b) PLAN OF ACTION.—The Secretary of Defense shall 
develop and implement a plan of action for recruiting, 
training, and ensuring appropriate career development of 
military and civilian personnel to achieve the objective es-
tablished in subsection (a). 
‘‘(c) DEFINITIONS.—In this section: 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00299
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
300 
‘‘(1) The term ‘major defense acquisition pro-
gram’ has the meaning given such term in section 
2430(a) of this title. 
‘‘(2) The term ‘major automated information 
system program’ has the meaning given such term in 
section 2445a(a) of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such subchapter is amended 
by adding at the end the following new item: 
‘‘1706. Government performance of certain acquisition functions.’’. 
(b) REPEAL OF SUPERSEDED SECTION.—Section 820 
of the John Warner National Defense Authorization Act for 
Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 1701 
note) is repealed. 
SEC. 815. LIMITATION ON FUNDING PENDING CERTIFI-
CATION OF IMPLEMENTATION OF REQUIRE-
MENTS FOR COMPETITION. 
(a) LIMITATION
ON FUNDING
FOR CERTAIN OF-
FICES.—Of the funds authorized to be appropriated for fis-
cal year 2013 as specified in the funding table in section 
4301, not more than 80 percent of the funds authorized for 
the Office of the Secretary of Defense may be obligated or 
expended until the certification described in subsection (b) 
is submitted. 
(b) CERTIFICATION REQUIRED.—The Secretary of De-
fense shall certify to the congressional defense committees 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00300
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
301 
that the Department of Defense is implementing the require-
ments of section 202(d) of the Weapon Systems Acquisition 
Reform Act of 2009 (Public Law 111-23; 10 U.S.C. 2430 
note). Such a certification shall be accompanied by— 
(1) a briefing to the congressional defense com-
mittees on processes and procedures that have been 
implemented across the military departments and De-
fense Agencies to maximize competition throughout 
the life-cycle of major defense acquisition programs, 
including actions to award contracts for performance 
of maintenance and sustainment of major weapon 
systems or subsystems and components of such sys-
tems; and 
(2) a representative sample of solicitations issued 
since May 22, 2009, intended to fulfill the objectives 
of such section 202(d). 
SEC. 816. CONTRACTOR RESPONSIBILITIES IN REGULA-
TIONS RELATING TO DETECTION AND AVOID-
ANCE OF COUNTERFEIT ELECTRONIC PARTS. 
Section 818(c)(2)(B) of the National Defense Author-
ization Act for Fiscal Year 2012 (Public Law 112–81; 125 
Stat. 1493; 10 U.S.C. 2302 note) is amended to read as 
follows: 
‘‘(B) the cost of counterfeit electronic parts 
and suspect counterfeit electronic parts and the 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00301
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
302 
cost of rework or corrective action that may be 
required to remedy the use or inclusion of such 
parts are not allowable costs under Department 
contracts, unless— 
‘‘(i) the covered contractor has an oper-
ational system to detect and avoid counter-
feit parts and suspect counterfeit electronic 
parts that has been reviewed and approved 
by the Department of Defense pursuant to 
subsection (e)(2)(B); 
‘‘(ii) the counterfeit electronic parts or 
suspect counterfeit electronic parts were— 
‘‘(I) procured from a trusted sup-
plier in accordance with regulations 
described in paragraph (3); or 
‘‘(II) provided to the contractor as 
Government property in accordance 
with part 45 of the Federal Acquisition 
Regulation; and 
‘‘(iii) the covered contractor provides 
timely notice to the Government pursuant 
to paragraph (4).’’. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00302
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
303 
SEC. 817. ADDITIONAL DEFINITION RELATING TO PRODUC-
TION OF SPECIALTY METALS WITHIN THE 
UNITED STATES. 
Section 2533b(m) of title 10, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(11) The term ‘produced’, as used in subsections 
(a) and (b), means melted, or processed in a manner 
that results in physical or chemical property changes 
that are the equivalent of melting. The term does not 
include finishing processes such as rolling, heat treat-
ment, quenching, tempering, grinding, or shaving.’’. 
SEC. 818. REQUIREMENT FOR PROCUREMENT OF INFRARED 
TECHNOLOGIES 
FROM 
NATIONAL 
TECH-
NOLOGY AND INDUSTRIAL BASE. 
Section 2534(a) of title 10, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(6) INFRARED TECHNOLOGIES.—Infrared tech-
nologies, including focal plane arrays sensitive to in-
frared wavelengths, read-out integrated circuits, cryo-
genic coolers, Dewar technology, infrared sensor en-
gine assemblies, and infrared imaging systems.’’. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00303
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
304 
SEC. 819. COMPLIANCE WITH BERRY AMENDMENT RE-
QUIRED FOR UNIFORM COMPONENTS SUP-
PLIED TO AFGHAN MILITARY OR AFGHAN NA-
TIONAL POLICE. 
(a) REQUIREMENT.—In the case of any textile compo-
nents supplied by the Department of Defense to the Afghan 
National Army or the Afghan National Police for purposes 
of production of uniforms, section 2533a of title 10, United 
States Code, shall apply, and no exceptions or exemptions 
under that section shall apply. 
(b) EFFECTIVE DATE.—This section shall apply to so-
licitations issued and contracts awarded for the procure-
ment of such components after the date of the enactment 
of this Act. 
Subtitle C—Provisions Relating to 
Contracts in Support of Contin-
gency Operations in Iraq or Af-
ghanistan 
SEC. 821. EXTENSION AND EXPANSION OF AUTHORITY TO 
ACQUIRE PRODUCTS AND SERVICES PRO-
DUCED IN COUNTRIES ALONG A MAJOR 
ROUTE OF SUPPLY TO AFGHANISTAN. 
(a) EXTENSION OF TERMINATION DATE.—Subsection 
(f) of section 801 of the National Defense Authorization Act 
for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2399) 
is amended by striking ‘‘on or after the date occurring three 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00304
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
305 
years after the date of the enactment of this Act’’ and insert-
ing ‘‘after December 31, 2014’’. 
(b) EXPANSION OF AUTHORITY TO COVER FORCES OF 
THE UNITED STATES AND COALITION FORCES.—Subsection 
(b)(1) of such section is amended— 
(1) in subparagraph (B), by striking ‘‘or’’ at the 
end; 
(2) in subparagraph (C), by adding ‘‘or’’ at the 
end; and 
(3) by adding at the end the following: 
‘‘(D) by the United States or coalition 
forces in Afghanistan if the product or service is 
from a country that has agreed to allow the 
transport of coalition personnel, equipment, and 
supplies;’’. 
(c) LIMITATION.—Such section is amended— 
(1) by redesignating subsections (d), (e), (f), and 
(g) as subsections (e), (f), (g), and (h), respectively; 
and 
(2) by inserting after subsection (c) the fol-
lowing: 
‘‘(d) LIMITATION.—The Secretary may not use the au-
thority provided in subsection (a) to procure goods or serv-
ices from Pakistan until such time as the Government of 
Pakistan agrees to re-open the Ground Lines of Commu-
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00305
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
306 
nication for the movement of United States equipment and 
supplies through Pakistan.’’. 
(d) REPEAL OF EXPIRED REPORT REQUIREMENT.— 
Subsection (h) of such section, as redesignated by subsection 
(c) of this section, is repealed. 
(e) CLERICAL AMENDMENT.—The heading of such sec-
tion is amended by striking ‘‘; REPORT’’. 
SEC. 822. LIMITATION ON AUTHORITY TO ACQUIRE PROD-
UCTS AND SERVICES PRODUCED IN AFGHANI-
STAN. 
Section 886 of the National Defense Authorization Act 
for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 266; 
10 U.S.C. 2302 note) is amended— 
(1) in the section heading, by striking ‘‘IRAQ 
AND’’; 
(2) by striking ‘‘Iraq or’’ each place it appears; 
and 
(3) in subsection (b)— 
(A) by inserting ‘‘(A)’’ after ‘‘(1)’’; 
(B) in paragraph (2)— 
(i) by redesignating clauses (i) and (ii) 
of subparagraph (B) as subclauses (I) and 
(II), respectively, and in subclause (II), as 
so redesignated, by striking the period at 
the end and inserting ‘‘; and’’; 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00306
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
307 
(ii) by redesignating subparagraphs 
(A) and (B) as clauses (i) and (ii), respec-
tively; and 
(iii) by striking ‘‘(2)’’ and inserting 
‘‘(B)’’; and 
(C) by adding at the end the following new 
paragraph (2): 
‘‘(2) the Government of Afghanistan is not tax-
ing assistance provided by the United States to Af-
ghanistan in violation of any bilateral or other agree-
ment with the United States.’’. 
Subtitle D—Other Matters 
SEC. 831. ENHANCEMENT OF REVIEW OF ACQUISITION 
PROCESS FOR RAPID FIELDING OF CAPABILI-
TIES 
IN 
RESPONSE 
TO 
URGENT 
OPER-
ATIONAL NEEDS. 
Section 804(b)(3) of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011 (Public Law 111– 
383; 124 Stat. 4256; 10 U.S.C. 2302 note) is amended— 
(1) by inserting ‘‘and’’ at the end of subpara-
graph (B); 
(2) by striking ‘‘; and’’ at the end of subpara-
graph (C) and inserting a period; and 
(3) by striking subparagraph (D). 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00307
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
308 
SEC. 832. LOCATION OF CONTRACTOR-OPERATED CALL 
CENTERS IN THE UNITED STATES. 
The Secretary of Defense shall ensure that any call cen-
ter operated pursuant to a contract entered into by the Sec-
retary or by the head of any of the military departments 
is located in the United States. 
TITLE IX—DEPARTMENT OF DE-
FENSE 
ORGANIZATION 
AND 
MANAGEMENT 
Subtitle A—Department of Defense 
Management 
SEC. 901. ADDITIONAL DUTIES OF DEPUTY ASSISTANT SEC-
RETARY OF DEFENSE FOR MANUFACTURING 
AND INDUSTRIAL BASE POLICY AND AMEND-
MENTS TO STRATEGIC MATERIALS PROTEC-
TION BOARD. 
(a) FINDINGS.—Congress finds the following: 
(1) The Defense Logistics Agency has made little 
progress in addressing the findings and recommenda-
tions from the April 2009 report of the Department 
of Defense report titled ‘‘Reconfiguration of the Na-
tional Defense Stockpile Report to Congress’’. 
(2) The office of the Deputy Assistant Secretary 
of Defense for Manufacturing and Industrial Base 
Policy has historically analyzed the United States de-
fense industrial base from the point of view of prime 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00308
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
309 
contractors and original equipment manufacturers 
and has provided insufficient attention to producers 
of materials critical to national security, including 
raw materials producers. 
(3) Responsibility for the secure supply of mate-
rials critical to national security, which supports the 
defense industrial base, is decentralized throughout 
the Department of Defense. 
(4) The office of the Deputy Assistant Secretary 
of Defense for Manufacturing and Industrial Base 
Policy should expand its focus to consider both a top- 
down view of the supply chain, beginning with prime 
contractors, and a bottom-up view that begins with 
raw materials suppliers. 
(5) To enable this focus and support a more co-
herent, comprehensive strategy as it pertains to mate-
rials critical to national security, the office of the 
Deputy Assistant Secretary of Defense for Manufac-
turing and Industrial Base Policy should develop pol-
icy, conduct oversight, and monitor resource alloca-
tion for agencies of the Department of Defense, in-
cluding the Defense Logistics Agency, for all activities 
that pertain to ensuring a secure supply of materials 
critical to national security. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00309
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
310 
(6) The Strategic Materials Protection Board 
should be reconfigured so as to be chaired by the Dep-
uty Assistant Secretary of Defense for Manufacturing 
and Industrial Base Policy and should fully execute 
its duties and responsibilities. 
(b) APPOINTMENT
OF
DEPUTY
ASSISTANT
SEC-
RETARY.—Section 139c(a) of title 10, United States Code, 
is amended by striking ‘‘appointed by’’ and all that follows 
through the end of the subsection and inserting ‘‘appointed 
by the Secretary of Defense.’’. 
(c) RESPONSIBILITIES OF DEPUTY ASSISTANT SEC-
RETARY.—Section 139c(b) of such title is amended— 
(1) by striking paragraphs (1) through (4) and 
inserting the following: 
‘‘(1) Providing input to strategy reviews, includ-
ing quadrennial defense reviews conducted pursuant 
to section 118 of this title, on matters related to— 
‘‘(A) the defense industrial base; and 
‘‘(B) materials critical to national security. 
‘‘(2) Establishing policies of the Department of 
Defense for developing and maintaining the defense 
industrial base of the United States and ensuring a 
secure supply of materials critical to national secu-
rity. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00310
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
312 
‘‘(15) Coordinating with the Director of Small 
Business Programs on all matters related to indus-
trial base policy of the Department of Defense. 
‘‘(16) Ensuring reliable sources of materials crit-
ical to national security, such as specialty metals, 
armor plate, and rare earth elements. 
‘‘(17) Establishing policies of the Department of 
Defense for continued reliable resource availability 
from domestic sources and allied nations for the in-
dustrial base of the United States.’’. 
(d) MATERIALS CRITICAL TO NATIONAL SECURITY DE-
FINED.—Section 139c of such title is further amended by 
adding at the end the following new subsection: 
‘‘(d) MATERIALS CRITICAL TO NATIONAL SECURITY 
DEFINED.—In this section, the term ‘materials critical to 
national security’ has the meaning given that term in sec-
tion 187(e)(1) of this title.’’. 
(e) AMENDMENTS TO STRATEGIC MATERIALS PROTEC-
TION BOARD.— 
(1) MEMBERSHIP.—Paragraph (2) of section 
187(a) of such title is amended to read as follows: 
‘‘(2) The Board shall be composed of the following: 
‘‘(A) The Deputy Assistant Secretary of Defense 
for Manufacturing and Industrial Base Policy, who 
shall be the chairman of the Board. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00312
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
313 
‘‘(B) The Administrator of the Defense Logistics 
Agency Strategic Materials, or any successor organi-
zation, who shall be the vice chairman of the Board. 
‘‘(C) A designee of the Assistant Secretary of the 
Army for Acquisition, Logistics, and Technology. 
‘‘(D) A designee of the Assistant Secretary of the 
Navy for Research, Development, and Acquisition. 
‘‘(E) A designee of the Assistant Secretary of the 
Air Force for Acquisition.’’. 
(2) DUTIES.—Paragraphs (3) and (4) of section 
187(b) of such title are each amended by striking 
‘‘President’’ and inserting ‘‘Secretary’’. 
(3) MEETINGS.—Section 187(c) of such title is 
amended by striking ‘‘Secretary of Defense’’ and in-
serting ‘‘Deputy Assistant Secretary of Defense for 
Manufacturing and Industrial Base Policy’’. 
(4) REPORTS.—Section 187(d) of such title is 
amended to read as follows: 
‘‘(d) REPORTS.—(1) After each meeting of the Board, 
the Board shall prepare a report containing the results of 
the meeting and such recommendations as the Board deter-
mines appropriate. The Secretary of each military depart-
ment shall review and comment on the report. 
‘‘(2) Each such report shall be published in the Federal 
Register and subsequently submitted to the congressional de-
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00313
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
314 
fense committees, together with public comments and com-
ments and recommendations from the Secretary of Defense, 
not later than 90 days after the meeting covered by the re-
port.’’. 
SEC. 902. REQUIREMENT FOR FOCUS ON URGENT OPER-
ATIONAL NEEDS AND RAPID ACQUISITION. 
(a) DESIGNATION OF SENIOR OFFICIAL RESPONSIBLE 
FOR FOCUS ON URGENT OPERATIONAL NEEDS AND RAPID 
ACQUISITION.— 
(1) IN
GENERAL.—The Secretary of Defense, 
after consultation with the Secretaries of the military 
departments, shall designate a senior official in the 
Office of the Secretary of Defense as the principal of-
ficial of the Department of Defense responsible for 
leading the Department’s actions on urgent oper-
ational needs and rapid acquisition, in accordance 
with this section. 
(2) STAFF
AND
RESOURCES.—The Secretary 
shall assign to the senior official designated under 
paragraph (1) appropriate staff and resources nec-
essary to carry out the official’s functions under this 
section. 
(b) RESPONSIBILITIES.—The senior official designated 
under subsection (a) shall be responsible for the following: 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00314
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
315 
(1) Acting as an advocate within the Depart-
ment of Defense for issues related to the Department’s 
ability to rapidly respond to urgent operational 
needs, including programs funded and carried out by 
the military departments. 
(2) Improving visibility of urgent operational 
needs throughout the Department, including across 
the military departments, the Defense Agencies, and 
all other entities and processes in the Department 
that address urgent operational needs. 
(3) Ensuring that tools and mechanisms are 
used to track, monitor, and manage the status of ur-
gent operational needs within the Department, from 
validation through procurement and fielding, includ-
ing a formal feedback mechanism for the armed forces 
to provide information on how well fielded solutions 
are meeting urgent operational needs. 
(c) URGENT OPERATIONAL NEEDS DEFINED.—In this 
section, the term ‘‘urgent operational needs’’ means capa-
bilities that are determined by the Secretary of Defense, 
pursuant to the review process required by section 804(b) 
of the Ike Skelton National Defense Authorization Act for 
Fiscal Year 2011 (10 U.S.C. 2302 note), to be suitable for 
rapid fielding in response to urgent operational needs. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00315
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
316 
SEC. 903. DESIGNATION OF DEPARTMENT OF DEFENSE SEN-
IOR OFFICIAL FOR ENTERPRISE RESOURCE 
PLANNING SYSTEM DATA CONVERSION. 
Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Defense shall— 
(1) designate a senior official of the Department 
of Defense as the official with principal responsibility 
for coordination and management oversight of data 
conversion for all enterprise resource planning sys-
tems of the Department; and 
(2) set forth the responsibilities of that senior of-
ficial with respect to such data conversion. 
SEC. 904. ADDITIONAL RESPONSIBILITIES AND RESOURCES 
FOR DEPUTY ASSISTANT SECRETARY OF DE-
FENSE 
FOR 
DEVELOPMENTAL 
TEST 
AND 
EVALUATION. 
(a) SUPERVISION.—Section 139b(a)(3) of title 10, 
United States Code, is amended by striking ‘‘to the Under 
Secretary’’ before the period and inserting ‘‘directly to the 
Under Secretary, without the interposition of any other su-
pervising official’’. 
(b) CONCURRENT SERVICE.—Section 139b(a)(7) of 
such title is amended by striking ‘‘may’’ and inserting 
‘‘shall’’. 
(c) RESOURCES.—Section 139b(a) of such title is 
amended by adding at the end the following new paragraph: 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00316
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
317 
‘‘(8) RESOURCES.— 
‘‘(A) The President shall include in the 
budget transmitted to Congress, pursuant to sec-
tion 1105 of title 31, for each fiscal year, a sepa-
rate statement of estimated expenditures and 
proposed appropriations for the fiscal year for 
the activities of the Deputy Assistant Secretary 
of Defense for Developmental Test and Evalua-
tion in carrying out the duties and responsibil-
ities of the Deputy Assistant Secretary under 
this section. 
‘‘(B) The Deputy Assistant Secretary of De-
fense for Developmental Test and Evaluation 
shall have sufficient professional staff of military 
and civilian personnel to enable the Deputy As-
sistant Secretary to carry out the duties and re-
sponsibilities prescribed by law. The resources for 
the Deputy Assistant Secretary shall be com-
parable to the resources, including Senior Execu-
tive Service positions, other civilian positions, 
and military positions, available to the Director 
of Operational Test and Evaluation.’’. 
(d) ANNUAL REPORT.—Section 139b(d) of such title 
is amended— 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00317
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
318 
(1) in the subsection heading, by striking 
‘‘JOINT’’; 
(2) by redesignating paragraphs (1), (2), (3), 
and (4) as subparagraphs (A), (B), (C), and (D), re-
spectively; 
(3) by inserting ‘‘(1)’’ before ‘‘Not later than 
March 31’’; 
(4) in the matter appearing before subparagraph 
(A), as so redesignated, by striking ‘‘jointly’’ and in-
serting ‘‘each’’; and 
(5) by adding at the end the following new para-
graph: 
‘‘(2) With respect to the report required under para-
graph (1) by the Deputy Assistant Secretary of Defense for 
Developmental Test and Evaluation— 
‘‘(A) the report shall include a separate section 
that covers the activities of the Department of Defense 
Test Resource Management Center (established under 
section 196 of this title) during the preceding year; 
and 
‘‘(B) the report shall be transmitted to the Under 
Secretary of Defense for Acquisition, Technology, and 
Logistics at the same time it is submitted to the con-
gressional defense committees.’’. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00318
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
319 
SEC. 905. REDESIGNATION OF THE DEPARTMENT OF THE 
NAVY AS THE DEPARTMENT OF THE NAVY 
AND MARINE CORPS. 
(a) REDESIGNATION OF THE DEPARTMENT OF THE 
NAVY AS THE DEPARTMENT OF THE NAVY AND MARINE 
CORPS.— 
(1) REDESIGNATION
OF
MILITARY
DEPART-
MENT.—The military department designated as the 
Department of the Navy is redesignated as the De-
partment of the Navy and Marine Corps. 
(2) REDESIGNATION OF SECRETARY AND OTHER 
STATUTORY OFFICES.— 
(A) SECRETARY.—The position of the Sec-
retary of the Navy is redesignated as the Sec-
retary of the Navy and Marine Corps. 
(B) OTHER STATUTORY OFFICES.—The po-
sitions of the Under Secretary of the Navy, the 
four Assistant Secretaries of the Navy, and the 
General Counsel of the Department of the Navy 
are redesignated as the Under Secretary of the 
Navy and Marine Corps, the Assistant Secre-
taries of the Navy and Marine Corps, and the 
General Counsel of the Department of the Navy 
and Marine Corps, respectively. 
(b) CONFORMING AMENDMENTS TO TITLE 10, UNITED 
STATES CODE.— 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00319
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
320 
(1) DEFINITION OF ‘‘MILITARY DEPARTMENT’’.— 
Paragraph (8) of section 101(a) of title 10, United 
States Code, is amended to read as follows: 
‘‘(8) The term ‘military department’ means the 
Department of the Army, the Department of the Navy 
and Marine Corps, and the Department of the Air 
Force.’’. 
(2) ORGANIZATION OF DEPARTMENT.—The text 
of section 5011 of such title is amended to read as fol-
lows: ‘‘The Department of the Navy and Marine 
Corps is separately organized under the Secretary of 
the Navy and Marine Corps.’’. 
(3) 
POSITION
OF
SECRETARY.—Section 
5013(a)(1) of such title is amended by striking ‘‘There 
is a Secretary of the Navy’’ and inserting ‘‘There is 
a Secretary of the Navy and Marine Corps’’. 
(4) CHAPTER HEADINGS.— 
(A) The heading of chapter 503 of such title 
is amended to read as follows: 
‘‘CHAPTER 503—DEPARTMENT OF THE 
NAVY AND MARINE CORPS’’. 
(B) The heading of chapter 507 of such title 
is amended to read as follows: 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00320
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
321 
‘‘CHAPTER 507—COMPOSITION OF THE DE-
PARTMENT OF THE NAVY AND MARINE 
CORPS’’. 
(5) OTHER AMENDMENTS.— 
(A) Title 10, United States Code, is amend-
ed by striking ‘‘Department of the Navy’’ and 
‘‘Secretary of the Navy’’ each place they appear 
other than as specified in paragraphs (1), (2), 
(3), and (4) (including in section headings, sub-
section captions, tables of chapters, and tables of 
sections) and inserting ‘‘Department of the Navy 
and Marine Corps’’ and ‘‘Secretary of the Navy 
and Marine Corps’’, respectively, in each case 
with the matter inserted to be in the same type-
face and typestyle as the matter stricken. 
(B)(i) Sections 5013(f), 5014(b)(2), 5016(a), 
5017(2), 5032(a), and 5042(a) of such title are 
amended by striking ‘‘Assistant Secretaries of the 
Navy’’ and inserting ‘‘Assistant Secretaries of 
the Navy and Marine Corps’’. 
(ii) The heading of section 5016 of such 
title, and the item relating to such section in the 
table of sections at the beginning of chapter 503 
of such title, are each amended by inserting ‘‘and 
Marine Corps’’ after ‘‘of the Navy’’, with the 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00321
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
322 
matter inserted in each case to be in the same 
typeface and typestyle as the matter amended. 
(c) OTHER PROVISIONS OF LAW AND OTHER REF-
ERENCES.— 
(1) TITLE 37, UNITED STATES CODE.—Title 37, 
United States Code, is amended by striking ‘‘Depart-
ment of the Navy’’ and ‘‘Secretary of the Navy’’ each 
place they appear and inserting ‘‘Department of the 
Navy and Marine Corps’’ and ‘‘Secretary of the Navy 
and Marine Corps’’, respectively. 
(2) OTHER REFERENCES.—Any reference in any 
law other than in title 10 or title 37, United States 
Code, or in any regulation, document, record, or other 
paper of the United States, to the Department of the 
Navy shall be considered to be a reference to the De-
partment of the Navy and Marine Corps. Any such 
reference to an office specified in subsection (a)(2) 
shall be considered to be a reference to that office as 
redesignated by that section. 
(d) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on the first day 
of the first month beginning more than 60 days after the 
date of the enactment of this Act. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00322
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
323 
Subtitle B—Space Activities 
SEC. 911. ANNUAL ASSESSMENT OF THE SYNCHRONI-
ZATION OF SEGMENTS IN SPACE PROGRAMS 
THAT ARE MAJOR DEFENSE ACQUISITION 
PROGRAMS. 
(a) ANNUAL ASSESSMENT.—Not later than 180 days 
after the date of the enactment of this Act, and annually 
thereafter for five years, the Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall annually sub-
mit to the congressional defense committees an assessment 
of the synchronization of the operability of the program seg-
ments of each space program that is a major defense acqui-
sition program. 
(b) CONTENTS.—Each assessment required under sub-
section (a) shall include— 
(1) a description of the intended primary capa-
bilities of each space program that is a major defense 
acquisition program and the level of operability of 
each program segment of such space program at the 
time of such assessment; 
(2) a schedule for the deployment of such in-
tended primary capabilities of such space program in 
each such program segment and in such space pro-
gram as a whole; 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00323
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
324 
(3) for each such space program for which a pri-
mary capability of such program will be operable by 
one program segment at least one year after the date 
on which such capability is operable by another pro-
gram segment— 
(A) an explanation of the reasons that such 
primary capability will be operable by one pro-
gram segment at least one year after the date 
such capability is operable by another program 
segment; and 
(B) an identification of the steps the De-
partment is taking to improve the alignment of 
when the program segments become operable and 
the related challenges, costs, and risks; and 
(4) a description of the impact on the mission of 
such space program caused by such primary capa-
bility being operable by one program segment at least 
one year after the date such capability is operable by 
another program segment. 
(c) DEFINITIONS.—In this section: 
(1) MAJOR DEFENSE ACQUISITION PROGRAM DE-
FINED.—The term ‘‘major defense acquisition pro-
gram’’ has the meaning given the term in section 
2430 of title 10, United States Code. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00324
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
325 
(2) PROGRAM
SEGMENT.—The term ‘‘program 
segment’’ means, with respect to a space program that 
is a major defense acquisition program, the following 
segments: 
(A) The portion of such program that is 
satellite-based. 
(B) The portion of such program that is 
ground-based. 
(C) The portion of such program that is op-
erated by the end-user. 
SEC. 912. REPORT ON OVERHEAD PERSISTENT INFRARED 
TECHNOLOGY. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) there are significant investments in overhead 
persistent infrared technology that span multiple 
agencies and support a variety of missions, including 
missile warning, missile defense, battle space aware-
ness, and technical intelligence; and 
(2) further efforts should be made to fully exploit 
overhead persistent infrared sensor data. 
(b) REPORT.—Not later than 270 days after the date 
of the enactment of this Act, the Secretary of Defense, in 
consultation with the Director of National Intelligence, 
shall submit to the congressional defense committees, the 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00325
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
326 
Permanent Select Committee on Intelligence of the House 
of Representatives, and the Select Committee on Intelligence 
of the Senate a report on overhead persistent infrared tech-
nology that includes—— 
(1) an assessment of whether there are further 
opportunities for the Department of Defense and the 
intelligence community (as defined in section 3(4) of 
the National Security Act of 1947 (50 U.S.C. 
401a(4))) to capitalize on increased data sharing, fu-
sion, interoperability, and exploitation; and 
(2) recommendations on how to better coordinate 
the efforts by the Department and the intelligence 
community to exploit overhead persistent infrared 
sensor data. 
(c) COMPTROLLER GENERAL ASSESSMENT.—Not later 
than 90 days after the date on which the Secretary of De-
fense submits the report required under subsection (b), the 
Comptroller General of the United States shall submit to 
the congressional defense committees an assessment of the 
report required under subsection (b), including— 
(1) an assessment of whether such report is com-
prehensive, fully supported, and sufficiently detailed; 
and 
(2) an identification of any shortcomings, limi-
tations, or other reportable matters that affect the 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00326
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
327 
quality or findings of the report required under sub-
section (b). 
SEC. 913. PROHIBITION ON USE OF FUNDS TO IMPLEMENT 
INTERNATIONAL AGREEMENT ON SPACE AC-
TIVITIES THAT HAS NOT BEEN RATIFIED BY 
THE SENATE OR AUTHORIZED BY STATUTE. 
(a) PROHIBITION.—None of the funds authorized to be 
appropriated by this Act or any other Act may be used by 
the Secretary of Defense or the Director of National Intel-
ligence to limit the activities of the Department of Defense 
or the intelligence community (as defined in section 3(4) 
of the National Security Act of 1947 (50 U.S.C. 401a(4))) 
in outer space to implement or comply with an inter-
national agreement concerning outer space activities unless 
such agreement is ratified by the Senate or authorized by 
statute. 
(b) REPORT ON INTERNATIONAL AGREEMENT NEGO-
TIATIONS.— 
(1) REPORT REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, and every 
90 days thereafter, the Secretary of State and the Sec-
retary of Defense shall submit to the appropriate con-
gressional committees a report on the progress of ne-
gotiations on an international agreement concerning 
outer space activities. Such report shall include a de-
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00327
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
328 
scription of which foreign countries have agreed to 
sign such an international agreement and any impli-
cations that the draft of the agreement being nego-
tiated may have on both classified and unclassified 
military and intelligence activities of the United 
States in outer space. 
(2) FORM.— 
(A) UNCLASSIFIED.—Except as provided in 
subparagraph (B), each report required under 
paragraph (1) shall be submitted in unclassified 
form. 
(B) CLASSIFIED ANNEX.—The Secretary of 
Defense may submit to the Committee on Armed 
Services and the Permanent Select Committee on 
Intelligence of the House of Representatives and 
the Committee on Armed Services and the Select 
Committee on Intelligence of the Senate a classi-
fied annex to a report required under paragraph 
(1) containing any classified information re-
quired to be submitted for such report. 
(3) TERMINATION
DATE.—The requirement to 
submit a report under paragraph (1) shall cease to 
apply on the date on which the President submits to 
the appropriate congressional committees a certifi-
cation that the United States is no longer involved in 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00328
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
329 
negotiations on an international agreement con-
cerning outer space activities. 
(4) 
APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—In this subsection, the term ‘‘appropriate con-
gressional committees’’ means— 
(A) the Committee on Armed Services, the 
Permanent Select Committee on Intelligence, the 
Committee on Foreign Affairs, and the Com-
mittee on Science, Space, and Technology of the 
House of Representatives; and 
(B) the Committee on Armed Services, the 
Select Committee on Intelligence, the Committee 
on Foreign Relations, and the Committee on 
Commerce, Science, and Transportation of the 
Senate. 
(c) REPORT
ON
FOREIGN
COUNTER-SPACE
PRO-
GRAMS.— 
(1) REPORT
REQUIRED.—Chapter 135 of title 
10, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 2275. Report on foreign counter-space programs 
‘‘(a) REPORT REQUIRED.—Not later than January 1 
of each year, the Secretary of Defense shall submit to Con-
gress a report on the counter-space programs of foreign 
countries. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00329
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
330 
‘‘(b) CONTENTS.—Each report required under sub-
section (a) shall include— 
‘‘(1) an explanation of whether any foreign coun-
try has a counter-space program that could be a 
threat to the national security or commercial space 
systems of the United States; and 
‘‘(2) the name of each country with a counter- 
space program described in paragraph (1). 
‘‘(c) FORM.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), each report required under sub-
section (a) shall be submitted in unclassified form. 
‘‘(2) CLASSIFIED ANNEX.—The Secretary of De-
fense may submit to the covered congressional com-
mittees a classified annex to a report required under 
subsection (a) containing any classified information 
required to be submitted for such report. 
‘‘(3) FOREIGN COUNTRY NAMES.— 
‘‘(A) UNCLASSIFIED FORM.—Subject to sub-
paragraph (B), each report required under sub-
section (a) shall include the information required 
under subsection (b)(2) in unclassified form. 
‘‘(B) NATIONAL
SECURITY
WAIVER.—The 
Secretary of Defense may waive the requirement 
under subparagraph (A) if the Secretary deter-
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00330
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
331 
mines it is in the interests of national security 
to waive such requirement and submits to Con-
gress an explanation of why the Secretary 
waived such requirement. 
‘‘(d) PROHIBITION ON USE OF FUNDS FOR NON-COM-
PLIANCE.—If in any fiscal year the Secretary of Defense 
does not submit a report required under subsection (a) on 
or before the date on which such report is required to be 
submitted, none of the funds authorized to be appropriated 
by any Act for such fiscal year for activities of the Depart-
ment of Defense may be used for travel related to the nego-
tiation of an international agreement concerning outer 
space activities until such report is submitted. 
‘‘(e) COVERED CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘covered congressional 
committees’ means the Committee on Armed Services and 
the Permanent Select Committee on Intelligence of the 
House of Representatives and the Committee on Armed 
Services and the Select Committee on Intelligence of the 
Senate.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 135 of title 10, 
United States Code, is amended by adding at the end 
the following new item: 
‘‘2275. Report on foreign counter-space programs.’’. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00331
Fmt 6652
Sfmt 6213
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
332 
SEC. 914. ASSESSMENT OF FOREIGN COMPONENTS AND 
THE SPACE LAUNCH CAPABILITY OF THE 
UNITED STATES. 
(a) ASSESSMENT.—The Secretary of the Air Force 
shall enter into an agreement with a federally funded re-
search and development center to conduct an independent 
assessment of the national security implications of con-
tinuing to use foreign component and propulsion systems 
for the launch vehicles under the evolved expendable launch 
vehicle program. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the federally funded research 
and development center shall submit to the congressional 
defense committees a report on the assessment conducted 
under subsection (a). 
SEC. 915. REPORT ON COUNTER SPACE TECHNOLOGY. 
(a) REPORT.—Not later than one year after the date 
of the enactment of this Act, and annually thereafter for 
two years, the Secretary of Defense shall submit to the con-
gressional defense committees, the Committee on Foreign Af-
fairs of the House of Representatives, and the Committee 
on Foreign Relations of the Senate a report based on all 
available information describing key space technologies that 
could be used, or are being sought, by a foreign country 
with a counter space or ballistic missile program, and 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00332
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
333 
should be subject to export controls by the United States 
or an ally of the United States, as appropriate. 
(b) FORM.—Each report required under subsection (a) 
shall be submitted in unclassified form, but may include 
a classified annex. 
Subtitle C—Intelligence-Related 
Activities 
SEC. 921. AUTHORITY TO PROVIDE GEOSPATIAL INTEL-
LIGENCE SUPPORT TO CERTAIN SECURITY 
ALLIANCES AND REGIONAL ORGANIZATIONS. 
(a) AUTHORIZATION.—Section 443(a) of title 10, 
United States Code, is amended— 
(1) by striking ‘‘The Director’’ and inserting 
‘‘(1) Subject to paragraph (2), the Director’’; 
(2) by striking ‘‘foreign countries’’ and inserting 
‘‘foreign countries, regional organizations with de-
fense or security components, and security alliances of 
which the United States is a member’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(2) In each case in which the Director of the National 
Geospatial-Intelligence Agency provides imagery intel-
ligence or geospatial information support to a regional or-
ganization or security alliance under paragraph (1), the 
Director shall— 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00333
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
334 
‘‘(A) ensure that such intelligence and such sup-
port are not provided by such regional organization 
or such security alliance to any other person or enti-
ty; 
‘‘(B) notify the congressional defense committees, 
the Permanent Select Committee on Intelligence of the 
House of Representatives, and the Select Committee 
on Intelligence of the Senate, that the Director has 
provided such intelligence or such support; and 
‘‘(C) coordinate the provision of such intelligence 
and such support with the commander of the appro-
priate combatant command.’’. 
(b) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of section 
443 of title 10, United States Code, is amended by 
striking ‘‘foreign countries’’ and inserting ‘‘for-
eign countries, regional organizations, 
and security alliances’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 22 of title 10, United 
States Code, is amended by striking the item relating 
to section 443 and inserting the following new item: 
‘‘443. Imagery intelligence and geospatial information: support for foreign coun-
tries, regional organizations, and security alliances.’’. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00334
Fmt 6652
Sfmt 6213
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
335 
SEC. 922. TECHNICAL AMENDMENTS TO REFLECT CHANGE 
IN NAME OF NATIONAL DEFENSE INTEL-
LIGENCE 
COLLEGE 
TO 
NATIONAL 
INTEL-
LIGENCE UNIVERSITY. 
(a) CONFORMING AMENDMENTS TO REFLECT NAME 
CHANGE.—Section 2161 of title 10, United States Code, is 
amended by striking ‘‘National Defense Intelligence Col-
lege’’ each place it appears and inserting ‘‘National Intel-
ligence University’’. 
(b) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of such sec-
tion is amended to read as follows: 
‘‘§ 2161. Degree granting authority for National Intel-
ligence University’’. 
(2) TABLE OF SECTIONS.—The item related to 
such section in the table of sections at the beginning 
of chapter 108 of such title is amended to read as fol-
lows: 
‘‘2161. Degree granting authority for National Intelligence University.’’. 
Subtitle D—Total Force 
Management 
SEC. 931. LIMITATION ON CERTAIN FUNDING UNTIL CER-
TIFICATION 
THAT 
INVENTORY 
OF 
CON-
TRACTS FOR SERVICES HAS BEGUN. 
(a) LIMITATION
ON FUNDING
FOR CERTAIN OF-
FICES.—Of the funds authorized to be appropriated for fis-
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00335
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
336 
cal year 2013 as specified in the funding table in section 
4301, not more than 80 percent of the funds authorized for 
the Office of the Under Secretary of Defense for Acquisition, 
Technology, and Logistics; the Office of the Assistant Sec-
retary of the Navy for Research, Development, and Acquisi-
tion; and the Office of the Assistant Secretary of the Air 
Force for Acquisition may be obligated or expended until 
the certification described in subsection (c) is submitted. 
(b) LIMITATION
ON
FUNDING
FOR
OTHER
CON-
TRACTS.—Of the funds authorized for other contracts or 
other services to be appropriated for fiscal year 2013 as 
specified in the funding table in section 4301, not more than 
80 percent of the funds authorized for the Office of the Sec-
retary of Defense, the Department of the Navy, and the De-
partment of the Air Force may be obligated or expended 
until the certification described in subsection (c) is sub-
mitted. 
(c) CERTIFICATION.—The certification described in 
this subsection is a certification in writing submitted to the 
congressional defense committees and made by the Secretary 
of Defense that the collection of data for purposes of meeting 
the requirements of section 2330a of title 10, United States 
Code, has begun. 
(d) DEFINITION.—In this section, the term ‘‘other con-
tracts or other services’’ means funding described in line 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00336
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
337 
0989 within Exhibit OP-32 of the justification materials 
accompanying the President’s budget request for fiscal year 
2013. 
SEC. 932. REQUIREMENT TO ENSURE SUFFICIENT LEVELS 
OF GOVERNMENT MANAGEMENT, CONTROL, 
AND OVERSIGHT OF FUNCTIONS CLOSELY AS-
SOCIATED 
WITH 
INHERENTLY 
GOVERN-
MENTAL FUNCTIONS. 
Section 129a of title 10, United States Code, is amend-
ed— 
(1) in subparagraph (B) of subsection (f)(3), by 
inserting after ‘‘Government’’ the following: ‘‘manage-
ment, control, and’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(g) REQUIREMENT FOR MANAGEMENT, CONTROL, AND 
OVERSIGHT OR APPROPRIATE CORRECTIVE ACTIONS.—For 
purposes of subsection (f)(3)(B), if insufficient levels of Gov-
ernment management, control, and oversight are found, the 
Secretary of the military department or head of the Defense 
agency responsible shall provide such management, control, 
and oversight or take appropriate corrective actions, includ-
ing potential conversion to Government performance, con-
sistent with this section and sections 129 and 2463 of this 
title.’’. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00337
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
338 
SEC. 933. SPECIAL MANAGEMENT ATTENTION REQUIRED 
FOR CERTAIN FUNCTIONS IDENTIFIED IN IN-
VENTORY OF CONTRACTS FOR SERVICES. 
Subparagraph (C) of section 2330a(e)(2) of title 10, 
United States Code, is amended to read as follows: 
‘‘(C) special management attention is being 
given to functions identified in the inventory as 
being closely associated with inherently govern-
mental functions; and’’. 
Subtitle E—Cyberspace-related 
Matters 
SEC. 941. MILITARY ACTIVITIES IN CYBERSPACE. 
Section 954 of the National Defense Authorization Act 
for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1551) 
is amended to read as follows: 
‘‘SEC. 954. MILITARY ACTIVITIES IN CYBERSPACE. 
‘‘(a) AFFIRMATION.—Congress affirms that the Sec-
retary of Defense is authorized to conduct military activi-
ties in cyberspace. 
‘‘(b) AUTHORITY DESCRIBED.—The authority referred 
to in subsection (a) includes the authority to carry out a 
clandestine operation in cyberspace— 
‘‘(1) in support of a military operation pursuant 
to the Authorization for Use of Military Force (50 
U.S.C. 1541 note; Public Law 107-40) against a tar-
get located outside of the United States; or 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00338
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
339 
‘‘(2) to defend against a cyber attack against an 
asset of the Department of Defense. 
‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to limit the authority of the Sec-
retary of Defense to conduct military activities in cyber-
space.’’. 
SEC. 942. QUARTERLY CYBER OPERATIONS BRIEFINGS. 
(a) BRIEFINGS.—Chapter 23 of title 10, United States 
Code, is amended by inserting after section 483 the fol-
lowing new section: 
‘‘§ 484. Quarterly cyber operations briefings 
‘‘The Secretary of Defense shall provide to the Commit-
tees on Armed Services of the House of Representatives and 
the Senate quarterly briefings on all offensive and signifi-
cant defensive military operations in cyberspace carried out 
by the Department of Defense during the immediately pre-
ceding quarter.’’. 
(b) INITIAL BRIEFING.—The first briefing required 
under section 484 of title 10, United States Code, as added 
by subsection (a), shall be provided not later than March 
1, 2013. 
(c) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 23 of title 10, United States Code, 
is amended by inserting after the item relating to section 
483 the following new item: 
‘‘484. Quarterly cyber operations briefings.’’. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00339
Fmt 6652
Sfmt 6213
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
340 
Subtitle F—Other Matters 
SEC. 951. ADVICE ON MILITARY REQUIREMENTS BY CHAIR-
MAN OF JOINT CHIEFS OF STAFF AND JOINT 
REQUIREMENTS OVERSIGHT COUNCIL. 
(a) AMENDMENTS RELATED TO CHAIRMAN OF JOINT 
CHIEFS OF STAFF.—Section 153(a)(4) of title 10, United 
States Code, is amended by striking subparagraph (F) and 
inserting the following new subparagraphs: 
‘‘(F) Identifying, assessing, and approving 
military requirements (including existing sys-
tems and equipment) to meet the national mili-
tary strategy. 
‘‘(G) Recommending to the Secretary appro-
priate trade-offs among life-cycle cost, schedule, 
and performance objectives to ensure that such 
trade-offs are made in the acquisition of materiel 
and equipment to meet military requirements in 
a manner that best supports the strategic and 
contingency plans required by subsection (a).’’. 
(b) AMENDMENTS
RELATED
TO
JROC.—Section 
181(b) of such title is amended— 
(1) in paragraph (1)(C), by striking ‘‘in ensur-
ing’’ and all that follows through ‘‘requirements’’ and 
inserting the following: ‘‘in ensuring that appropriate 
trade-offs are made among life-cycle cost, schedule, 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00340
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
341 
and performance objectives in the acquisition of mate-
riel and equipment to meet military requirements’’; 
and 
(2) in paragraph (3), by striking ‘‘such resource 
level’’ and inserting ‘‘the total cost of such resources’’. 
(c) AMENDMENTS
RELATED
CHIEFS
OF
ARMED 
FORCES.—Section 2547(a) of such title is amended— 
(1) in paragraph (1), by striking ‘‘of require-
ments relating to the defense acquisition system’’ and 
inserting ‘‘and certification of requirements for equip-
ping the armed force concerned’’; 
(2) by redesignating paragraphs (3) and (4) as 
paragraphs (5) and (6), respectively; and 
(3) by inserting after paragraph (2) the fol-
lowing new paragraphs: 
‘‘(3) The recommendation of trade-offs among 
life-cycle cost, schedule, and performance objectives to 
ensure acquisition programs to equip the armed force 
concerned deliver best value. 
‘‘(4) Termination of development or procurement 
programs that fail to meet life-cycle cost, schedule, 
and performance objectives.’’. 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00341
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
342 
SEC. 952. EXPANSION OF PERSONS ELIGIBLE FOR EXPE-
DITED FEDERAL HIRING FOLLOWING COM-
PLETION 
OF 
NATIONAL 
SECURITY 
EDU-
CATION PROGRAM SCHOLARSHIP. 
Section 802(k) of the David L. Boren National Secu-
rity Education Act of 1991 (50 U.S.C. 1902(k)) is amended 
to read as follows: 
‘‘(k) EMPLOYMENT OF PROGRAM PARTICIPANTS.— 
‘‘(1) APPOINTMENT AUTHORITY.—The Secretary 
of Defense, the Secretary of Homeland Security, the 
Secretary of State, or the head of a Federal agency 
or office identified by the Secretary of Defense under 
subsection (g) as having national security responsibil-
ities— 
‘‘(A) may, without regard to any provision 
of title 5 governing appointments in the competi-
tive service, appoint an eligible program partici-
pant— 
‘‘(i) to a position in the excepted serv-
ice that is certified by the Secretary of De-
fense under clause (i) of subsection (b)(2)(A) 
as contributing to the national security of 
the United States; or 
‘‘(ii) subject to clause (ii) of such sub-
section, to a position in the excepted service 
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00342
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
343 
in such Federal agency or office identified 
by the Secretary; and 
‘‘(B) may, upon satisfactory completion of 
two years of substantially continuous service by 
an incumbent who was appointed to an excepted 
service position under the authority of subpara-
graph (A), convert the appointment of such indi-
vidual, without competition, to a career or career 
conditional appointment. 
‘‘(2) TREATMENT OF CERTAIN SERVICE.—In the 
case of an eligible program participant described in 
clause (ii) or (iii) of paragraph (3)(B) who receives 
an appointment under paragraph (1)(A), the head of 
a Department or Federal agency or office referred to 
in paragraph (1) may count any period that the in-
dividual served in a position with the Federal Gov-
ernment towards satisfaction of the service require-
ment under paragraph (1)(B) if that service— 
‘‘(A) in the case of an appointment under 
clause (i) of paragraph (1)(A), was in a position 
that is identified under clause (i) of subsection 
(b)(2)(A) as contributing to the national security 
of the United States; or 
‘‘(B) in the case of an appointment under 
clause (ii) of paragraph (1)(A), was in the Fed-
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00343
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS
344 
eral agency or office in which the appointment 
under that clause is made. 
‘‘(3) ELIGIBLE
PROGRAM
PARTICIPANT
DE-
FINED.—In this subsection, the term ‘eligible program 
participant’ means an individual who— 
‘‘(A) has successfully completed an academic 
program for which a scholarship or fellowship 
under this section was awarded; and 
‘‘(B) at the time of the appointment of the 
individual to an excepted service position under 
paragraph (1)(A)— 
‘‘(i) under the terms of the agreement 
for such scholarship or fellowship, owes a 
service commitment to a Department or 
Federal agency or office referred to in para-
graph (1); 
‘‘(ii) is employed by the Federal Gov-
ernment under a non-permanent appoint-
ment to a position in the excepted service 
that has national security responsibilities; 
or 
‘‘(iii) is a former civilian employee of 
the Federal Government who has less than 
a one-year break in service from the last pe-
riod of Federal employment of such indi-
VerDate Mar 15 2010 
22:48 May 11, 2012
Jkt 019200
PO 00000
Frm 00344
Fmt 6652
Sfmt 6203
E:\BILLS\H4310.RH
H4310
mstockstill on DSK4VPTVN1PROD with BILLS