H. R. 1540—66 
defense committees a briefing on the actions taken by the Under 
Secretary to implement such recommended actions. 
(b) 
RECOMMENDED
ACTIONS.—The 
recommended 
actions 
described in this subsection are the following four recommended 
actions included in the report of the Government Accountability 
Office report numbered GAO–11–117R and titled ‘‘Defense Manage-
ment: DOD Needs to Monitor and Assess Corrective Actions 
Resulting from Its Corrosion Study of the F–35 Joint Strike 
Fighter’’: 
(1) The documentation of program-specific recommenda-
tions made as a result of the corrosion study described in 
subsection (d) with regard to the F–35 and F–22 aircraft and 
the establishment of a process for monitoring and assessing 
the effectiveness of the corrective actions taken with respect 
to such aircraft in response to such recommendations. 
(2) The documentation of program-specific recommenda-
tions made as a result of such corrosion study with regard 
to the other weapon systems identified in the study, specifically 
the CH–53K helicopter, the Joint High Speed Vessel, the Broad 
Area Maritime Surveillance Unmanned Aircraft System, and 
the Joint Light Tactical Vehicle, and the establishment of a 
process for monitoring and assessing the effectiveness of the 
corrosion prevention and control programs implemented for 
such weapons systems in response to such recommendations. 
(3) The documentation of Air Force-specific and Navy-spe-
cific recommendations made as a result of such corrosion study 
and the establishment of a process for monitoring and assessing 
the effectiveness of the corrective actions taken by the Air 
Force and the Navy in response to such recommendations. 
(4) The documentation of Department of Defense-wide rec-
ommendations made as a result of such corrosion study, the 
implementation of any needed changes in policies and practices 
to improve corrosion prevention and control in new systems 
acquired by the Department, and the establishment of a process 
for monitoring and assessing the effectiveness of the corrective 
actions taken by the Department in response to such rec-
ommendations. 
(c) DEADLINE FOR COMPLIANCE.—Not later than December 31, 
2012, the Under Secretary of Defense for Acquisition, Technology, 
and Logistics, in conjunction with the directors of the F–35 and 
F–22 program offices, the directors of the program offices for the 
weapons systems referred to in subsection (b)(2), the Secretary 
of the Army, the Secretary of the Air Force, and the Secretary 
of the Navy, shall— 
(1) take whatever steps necessary to comply with the rec-
ommendations 
documented 
pursuant 
to 
the 
required 
implementation under subsection (a) of the recommended 
actions described in subsection (b); or 
(2) submit to the congressional defense committees written 
justification of why compliance was not feasible or achieved. 
(d) CORROSION STUDY.—The corrosion study described in this 
subsection is the study required in House Report 111–166 accom-
panying H.R. 2647 of the 111th Congress conducted by the Office 
of the Director of Corrosion Policy and Oversight of the Office 
of the Secretary of Defense and titled ‘‘Corrosion Evaluation of 
the F–22 Raptor and F–35 Lightning II Joint Strike Fighter’’.
H. R. 1540—67 
SEC. 325. MODIFICATION OF REQUIREMENTS RELATING TO MINIMUM 
CAPITAL INVESTMENT FOR CERTAIN DEPOTS. 
Section 2476 of title 10, United States Code, is amended— 
(1) in subsection (a), by inserting ‘‘maintenance, repair, 
and overhaul’’ after ‘‘combined’’; 
(2) in subsection (b)— 
(A) by striking ‘‘includes investment funds spent on 
depot infrastructure, equipment, and process improvement 
in direct support’’ and inserting ‘‘includes investment funds 
spent to modernize or improve the efficiency of depot facili-
ties, equipment, work environment, or processes in direct 
support’’; and 
(B) by inserting before the period at the end the fol-
lowing: ‘‘, but does not include funds spent for sustainment 
of existing facilities, infrastructure, or equipment’’. 
(3) in subsection (d), by adding at the end the following 
new subparagraph: 
‘‘(E) A table showing the funded workload performed by 
each covered depot for the preceding three fiscal years and 
actual investment funds allocated to each depot for the period 
covered by the report.’’; and 
(4) in subsection (e)(1), by adding at the end the following 
new subparagraph: 
‘‘(I) Tooele Army Depot, Utah.’’. 
SEC. 326. REPORTS ON DEPOT-RELATED ACTIVITIES. 
(a) REPORT ON DEPOT-LEVEL MAINTENANCE AND RECAPITALIZA-
TION OF CERTAIN PARTS AND EQUIPMENT.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense in con-
sultation with the military departments, shall submit to the 
congressional defense committees a report on the status of 
the Drawdown, Retrograde, and Reset Program for the equip-
ment used in support of Operations New Dawn and Enduring 
Freedom and the status of the overall supply chain management 
for depot-level activities. 
(2) ELEMENTS.—The report required under paragraph (1) 
shall include the following elements: 
(A) An assessment of the number of backlogged parts 
for critical warfighter needs, an explanation of why those 
parts became backlogged, and an estimate of when the 
backlog is likely to be fully addressed. 
(B) A review of critical warfighter requirements that 
are being impacted by a lack of supplies and parts and 
an explanation of steps that the Secretary plans to take 
to meet the demand requirements of the military depart-
ments. 
(C) An assessment of the feasibility and advisability 
of working with outside commercial partners and Depart-
ment of Defense arsenals to utilize flexible and efficient 
turn-key rapid production systems to meet rapidly 
emerging warfighter requirements. 
(D) A review of plans to further consolidate the 
ordering and stocking of parts and supplies from the mili-
tary departments at depots under the control of the Defense 
Logistics Agency.
H. R. 1540—68 
(3) FLEXIBLE AND EFFICIENT TURN-KEY RAPID PRODUCTION 
SYSTEMS DEFINED.—For the purposes of this subsection, flexible 
and efficient turn-key rapid production systems are systems 
that have demonstrated the capability to reduce the costs of 
parts, improve manufacturing efficiency, and have the following 
unique features: 
(A) VIRTUAL AND FLEXIBLE.—Systems that provide for 
flexibility to rapidly respond to requests for low-volume 
or high-volume machined parts and surge demand by 
accessing the full capacity of small- and medium-sized 
manufacturing communities in the United States. 
(B) SPEED TO MARKET.—Systems that provide for flexi-
bility that allows rapid introduction of subassemblies for 
new parts and weapons systems to the warfighter. 
(C) RISK MANAGEMENT.—Systems that provide for the 
electronic archiving and updating of turn-key rapid produc-
tion packages to provide insurance to the Department of 
Defense that parts will be available if there is a supply 
chain disruption. 
(b) REPORT ON THE ALIGNMENT, ORGANIZATIONAL REPORTING, 
MILITARY COMMAND STRUCTURE, AND PERFORMANCE RATING OF AIR 
FORCE SYSTEM PROGRAM MANAGERS, SUSTAINMENT PROGRAM MAN-
AGERS, AND PRODUCT SUPPORT MANAGERS AT AIR LOGISTICS CEN-
TERS OR AIR LOGISTICS COMPLEXES.— 
(1) REPORT
REQUIRED.—The Secretary of the Air Force 
shall enter into an agreement with a federally funded research 
and development center to submit to the congressional defense 
committees, not later than 180 days after the date of the 
enactment of this Act, a report on the alignment, organizational 
reporting, military command structure, and performance rating 
of Air Force system program managers, sustainment program 
managers, and product support managers at Air Logistics Cen-
ters or Air Logistics Complexes. 
(2) ELEMENTS.—The report required under paragraph (1) 
shall include the following elements: 
(A) Consideration of the proposed reorganization of 
Air Force Materiel Command announced on November 2, 
2011. 
(B) An assessment of how various alternatives for 
aligning the managers described in subsection (a) within 
Air Force Materiel Command would likely support and 
impact life cycle management, weapon system sustainment, 
and overall support to the warfighter. 
(C) With respect to the alignment of the managers 
described in subsection (A), an examination of how the 
Air Force should be organized to best conduct life cycle 
management and weapon system sustainment, with any 
analysis of cost and savings factors subject to the consider-
ation of overall readiness. 
(D) Recommended alternatives for meeting these objec-
tives. 
(3) COOPERATION OF SECRETARY OF AIR FORCE.—The Sec-
retary of the Air Force shall provide any necessary information 
and background materials necessary for completion of the report 
required under paragraph (1).
H. R. 1540—69 
SEC. 327. CORE DEPOT-LEVEL MAINTENANCE AND REPAIR CAPABILI-
TIES. 
(a) IN GENERAL.—Section 2464 of title 10, United States Code, 
is amended to read as follows: 
‘‘§ 2464. Core depot-level maintenance and repair capabilities 
‘‘(a) NECESSITY
FOR CORE DEPOT-LEVEL MAINTENANCE
AND 
REPAIR CAPABILITIES.—(1) It is essential for national security that 
the Department of Defense maintain a core depot-level maintenance 
and repair capability, as defined by this title, in support of mission- 
essential weapon systems or items of military equipment needed 
to directly support combatant command operational requirements 
and enable the armed forces to execute the strategic, contingency, 
and emergency plans prepared by the Department of Defense, as 
required under section 153(a) of this title. 
‘‘(2) This core depot-level maintenance and repair capability 
shall be Government-owned and Government-operated, including 
the use of Government personnel and Government-owned and 
Government-operated equipment and facilities, throughout the 
lifecycle of the weapon system or item of military equipment 
involved to ensure a ready and controlled source of technical com-
petence and resources necessary to ensure effective and timely 
response to a mobilization, national defense contingency situations, 
and other emergency requirements. 
‘‘(3)(A) Except as provided in subsection (c), the Secretary of 
Defense shall identify and establish the core depot-level mainte-
nance and repair capabilities and capacity required in paragraph 
(1). 
‘‘(B) Core depot-level maintenance and repair capabilities and 
capacity, including the facilities, equipment, associated logistics 
capabilities, technical data, and trained personnel, shall be estab-
lished not later than four years after a weapon system or item 
of military equipment achieves initial operational capability or is 
fielded in support of operations. 
‘‘(4) The Secretary of Defense shall assign Government-owned 
and Government-operated depot-level maintenance and repair facili-
ties of the Department of Defense sufficient workload to ensure 
cost efficiency and technical competence in peacetime, while pre-
serving the ability to provide an effective and timely response 
to a mobilization, national defense contingency situations, and other 
emergency requirements. 
‘‘(b) WAIVER AUTHORITY.—(1) The Secretary of Defense may 
waive the requirement in subsection (a)(3) if the Secretary deter-
mines that— 
‘‘(A) the weapon system or item of military equipment 
is not an enduring element of the national defense strategy; 
‘‘(B) in the case of nuclear aircraft carrier refueling, ful-
filling the requirement is not economically feasible; or 
‘‘(C) it is in the best interest of national security. 
‘‘(2) The Secretary of a military department may waive the 
requirement in subsection (a)(3) for special access programs if such 
a waiver is determined to be in the best interest of the United 
States. 
‘‘(3) The determination to waive requirements in accordance 
with paragraph (1) or (2) shall be documented and notification 
submitted to Congress with justification for the waiver within 30 
days of issuance.
H. R. 1540—70 
‘‘(c) APPLICABILITY TO COMMERCIAL ITEMS.—(1) The require-
ment in subsection (a)(3) shall not apply to items determined to 
be commercial items. 
‘‘(2) The first time a weapon system or other item of military 
equipment described in subsection (a) is determined to be a commer-
cial item for the purposes of the exception under subsection (c), 
the Secretary of Defense shall submit to Congress a notification 
of the determination, together with the justification for the deter-
mination. The justification for the determination shall include, at 
a minimum, the following: 
‘‘(A) The estimated percentage of commonality of parts 
of the version of the item that is sold or leased in the commer-
cial marketplace and the version of the item to be purchased 
by the Department of Defense. 
‘‘(B) The value of any unique support and test equipment 
and tools needed to support the military requirements if the 
item were maintained by the Department of Defense. 
‘‘(C) A comparison of the estimated life-cycle depot-level 
maintenance and repair support costs that would be incurred 
by the Government if the item were maintained by the private 
sector with the estimated life-cycle depot-level maintenance 
support costs that would be incurred by the Government if 
the item were maintained by the Department of Defense. 
‘‘(3) In this subsection, the term ‘commercial item’ means an 
end-item, assembly, subassembly, or part sold or leased in substan-
tial quantities to the general public and purchased by the Depart-
ment of Defense without modification in the same form that they 
are sold in the commercial marketplace, or with minor modifications 
to meet Federal Government requirements. 
‘‘(d) LIMITATION ON CONTRACTING.—(1) Except as provided in 
paragraph (2), performance of workload needed to maintain a core 
depot-level maintenance and repair capability identified by the Sec-
retary under subsection (a)(3) may not be contracted for perform-
ance by non-Government personnel under the procedures and 
requirements of Office of Management and Budget Circular A- 
76 or any successor administrative regulation or policy (hereinafter 
in this section referred to as ‘OMB Circular A-76’). 
‘‘(2) The Secretary of Defense may waive paragraph (1) in 
the case of any such depot-level maintenance and repair capability 
and provide that performance of the workload needed to maintain 
that capability shall be considered for conversion to contractor 
performance in accordance with OMB Circular A-76. Any such 
waiver shall be made under regulations prescribed by the Secretary 
and shall be based on a determination by the Secretary that Govern-
ment performance of the workload is no longer required for national 
defense reasons. Such regulations shall include criteria for deter-
mining whether Government performance of any such workload 
is no longer required for national defense reasons. 
‘‘(3)(A) A waiver under paragraph (2) may not take effect until 
the expiration of the first period of 30 days of continuous session 
of Congress that begins on or after the date on which the Secretary 
submits a report on the waiver to the Committee on Armed Services 
and the Committee on Appropriations of the Senate and the Com-
mittee on Armed Services and the Committee on Appropriations 
of the House of Representatives. 
‘‘(B) For the purposes of subparagraph (A)—
H. R. 1540—71 
‘‘(i) continuity of session is broken only by an adjournment 
of Congress sine die; and 
‘‘(ii) the days on which either House is not in session 
because of an adjournment of more than three days to a day 
certain are excluded in the computation of any period of time 
in which Congress is in continuous session. 
‘‘(e) BIENNIAL CORE REPORT.—Not later than April 1 on each 
even-numbered year, the Secretary of Defense shall submit to Con-
gress a report identifying, for each of the armed forces (except 
for the Coast Guard), for the subsequent fiscal year the following: 
‘‘(1) The core depot-level maintenance and repair capability 
requirements and sustaining workloads, organized by work 
breakdown structure, expressed in direct labor hours. 
‘‘(2) The corresponding workloads necessary to sustain core 
depot-level maintenance and repair capability requirements, 
expressed in direct labor hours and cost. 
‘‘(3) In any case where core depot-level maintenance and 
repair capability requirements exceed or are expected to exceed 
sustaining workloads, a detailed rationale for the shortfall and 
a plan either to correct, or mitigate, the effects of the shortfall. 
‘‘(f) ANNUAL CORE REPORT.— In 2013 and each year thereafter, 
not later than 60 days after the date on which the budget of 
the President for a fiscal year is submitted to Congress pursuant 
to section 1105 of title 31, the Secretary of Defense shall submit 
to Congress a report identifying, for each of the armed forces 
(other than the Coast Guard), for the fiscal year preceding the 
fiscal year during which the report is submitted, each of the fol-
lowing: 
‘‘(1) The core depot-level maintenance and repair capability 
requirements identified in subsection (a)(3). 
‘‘(2) The workload required to cost-effectively support such 
requirements. 
‘‘(3) To the maximum extent practicable, the additional 
workload beyond the workloads identified under subsection 
(a)(4) needed to ensure that not more than 50 percent of the 
non-exempt depot maintenance funding is expended for 
performance by non-Federal governmental personnel in accord-
ance with section 2466 of this title. 
‘‘(4) The allocation of workload for each Center of Industrial 
and Technical Excellence as designated in accordance with 
section 2474 of this title. 
‘‘(5) The depot-level maintenance and repair capital invest-
ments required to be made in order to ensure compliance with 
subsection (a)(3) by not later than four years after achieving 
initial operational capacity. 
‘‘(6) The outcome of a reassessment of continuation of a 
waiver granted under subsection (b). 
‘‘(g) COMPTROLLER GENERAL REVIEW.—The Comptroller General 
shall review each report required under subsections (e) and (f) 
for completeness and compliance and provide findings and rec-
ommendations to the congressional defense committees not later 
than 60 days after the report is submitted to Congress.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 146 of such title is amended by striking the item 
relating to section 2464 and inserting the following new item: 
‘‘2464. Core depot-level maintenance and repair capabilities.’’.
H. R. 1540—72 
Subtitle D—Readiness 
SEC. 331. MODIFICATION OF DEPARTMENT OF DEFENSE AUTHORITY 
TO ACCEPT VOLUNTARY CONTRIBUTIONS OF FUNDS. 
The second sentence of subsection (g) of section 358 of the 
Ike Skelton National Defense Authorization Act for Fiscal Year 
2011 (Public Law 111–383; 124 Stat. 4201; 49 U.S.C. 44718 note) 
is amended— 
(1) by striking ‘‘shall be available’’ and inserting ‘‘shall 
remain available until expended’’; and 
(2) by inserting before the period at the end the following: 
‘‘or to conduct studies of potential measures to mitigate such 
impacts’’. 
SEC. 332. REVIEW OF PROPOSED STRUCTURES AFFECTING NAVIGABLE 
AIRSPACE. 
Section 44718 of title 49, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(e) REVIEW OF AERONAUTICAL STUDIES.—The Administrator 
of the Federal Aviation Administration shall develop procedures 
to allow the Department of Defense and the Department of Home-
land Security to review and comment on an aeronautical study 
conducted pursuant to subsection (b) prior to the completion of 
the study.’’. 
Subtitle E—Reports 
SEC. 341. ANNUAL CERTIFICATION AND MODIFICATIONS OF ANNUAL 
REPORT ON PREPOSITIONED MATERIEL AND EQUIPMENT. 
(a) ANNUAL CERTIFICATION.—Section 2229 of title 10, United 
States Code, is amended by adding at the end the following new 
subsection: 
‘‘(d) ANNUAL CERTIFICATION.—(1) Not later than the date of 
the submission of the President’s budget request for a fiscal year 
under section 1105 of title 31, the Secretary of Defense shall submit 
to the congressional defense committees certification in writing 
that the prepositioned stocks of each of the military departments 
meet all operations plans, in both fill and readiness, that are 
in effect as of the date of the submission of the certification. 
‘‘(2) If, for any year, the Secretary cannot certify that any 
of the prepositioned stocks meet such operations plans, the Sec-
retary shall include with the certification for that year a list of 
the operations plans affected, a description of any measures that 
have been taken to mitigate any risk associated with prepositioned 
stock shortfalls, and an anticipated timeframe for the replenishment 
of the stocks. 
‘‘(3) A certification under this subsection shall be in an unclassi-
fied form but may have a classified annex.’’. 
(b) ANNUAL REPORT.—Section 2229a(a) of title 10, United States 
Code, is amended by adding at the end the following new para-
graphs: 
‘‘(7) A list of any non-standard items slated for inclusion 
in the prepositioned stocks and a plan for funding the inclusion 
and sustainment of such items.
H. R. 1540—73 
‘‘(8) A list of any equipment used in support of Operation 
Iraqi Freedom, Operation New Dawn, or Operation Enduring 
Freedom slated for retrograde and subsequent inclusion in the 
prepositioned stocks. 
‘‘(9) An efficiency strategy for limited shelf-life medical 
stock replacement. 
‘‘(10) The status of efforts to develop a joint strategy, 
integrate service requirements, and eliminate redundancies. 
‘‘(11) The operational planning assumptions used in the 
formulation of prepositioned stock levels and composition. 
‘‘(12) A list of any strategic plans affected by changes 
to the levels, composition, or locations of the prepositioned 
stocks and a description of any action taken to mitigate any 
risk that such changes may create.’’. 
SEC. 342. ADDITIONAL MATTERS FOR INCLUSION IN AND MODIFIED 
DEADLINE FOR THE ANNUAL REPORT ON OPERATIONAL 
ENERGY. 
Section 2925(b)(2) of title 10, United States Code, is amended— 
(1) by redesignating subparagraph (F), as redesignated by 
section 314, as subparagraph (G); and 
(2) by inserting after subparagraph (E), as added by such 
section, the following new subparagraph (F): 
‘‘(F) An evaluation of practices used in contingency oper-
ations during the previous fiscal year and potential improve-
ments to such practices to reduce vulnerabilities associated 
with fuel convoys, including improvements in tent and structure 
efficiency, improvements in generator efficiency, and displace-
ment of liquid fuels with on-site renewable energy generation. 
Such evaluation should identify challenges associated with the 
deployment of more efficient structures and equipment and 
renewable energy generation, and recommendations for over-
coming such challenges.’’. 
SEC. 343. STUDY ON AIR FORCE TEST AND TRAINING RANGE INFRA-
STRUCTURE. 
(a) STUDY.— 
(1) IN
GENERAL.—The Secretary of the Air Force shall 
conduct a study on the ability of the major air test and training 
range infrastructure, including major military operating area 
airspace and special use airspace, to support the full spectrum 
of Air Force operations. The Secretary shall incorporate the 
results of the study into a master plan for requirements and 
proposed investments to meet Air Force training and test needs 
through 2025. The study and the master plan shall be known 
as the ‘‘2025 Air Test and Training Range Enhancement Plan’’. 
(2) CONSULTATION.—The Secretary of the Air Force shall, 
in conducting the study required under paragraph (1), consult 
with the Secretaries of the other military departments to deter-
mine opportunities for joint use and training of the ranges, 
and to assess the requirements needed to support combined 
arms training on the ranges. The Secretary shall also consult 
with the Department of the Interior, the Department of Agri-
culture, the Federal Aviation Administration, the Federal 
Energy Regulation Commission, and the Department of Energy 
to assess the need for transfers of administrative control of 
certain parcels of airspace and land to the Department of 
Defense to protect the missions and control of the ranges.
H. R. 1540—74 
(3) CONTINUATION
OF
RANGE
INFRASTRUCTURE
IMPROVE-
MENTS.—The Secretary of the Air Force may proceed with all 
ongoing and scheduled range infrastructure improvements 
while conducting the study required under paragraph (1). 
(b) REPORTS.— 
(1) IN
GENERAL.—The Secretary of the Air Force shall 
submit to the congressional defense committees an interim 
report and a final report on the plan to meet the requirements 
under subsection (a) not later than one year and two years, 
respectively, after the date of the enactment of this Act. 
(2) CONTENT.—The plan submitted under paragraph (1) 
shall— 
(A) document the current condition and adequacy of 
the major Air Force test and training range infrastructure 
in the United States to meet test and training require-
ments; 
(B) identify potential areas of concern for maintaining 
the physical safety, security, and current operating environ-
ment of such infrastructure; 
(C) identify potential issues and threats related to 
the sustainability of the test and training infrastructure, 
including electromagnetic spectrum encroachment, overall 
bandwidth availability, and protection of classified informa-
tion; 
(D) assess coordination among ranges and local, state, 
regional, and Federal entities involved in land use plan-
ning, and develop recommendations on how to improve 
communication and coordination of such entities; 
(E) propose remedies and actions to manage economic 
development on private lands on or surrounding the test 
and training infrastructure to preserve current capabilities; 
(F) identify critical parcels of land not currently under 
the control of the Air Force for acquisition of deed or 
restrictive easements in order to protect current operations, 
access and egress corridors, and range boundaries, or to 
expand the capability of the air test and training ranges; 
(G) identify which parcels identified pursuant to 
subparagraph (F) could, through the acquisition of con-
servation easements, serve military interests while also 
preserving recreational access to public and private lands, 
protecting wildlife habitat, or preserving opportunities for 
energy development and energy transmission; 
(H) prioritize improvements and modernization of the 
facilities, equipment, and technology supporting the infra-
structure in order to provide a test and training environ-
ment that accurately simulates and or portrays the full 
spectrum of threats and targets of likely United States 
adversaries in 2025; 
(I) incorporate emerging requirements generated by 
requirements for virtual training and new weapon systems, 
including the F–22, the F–35, space and cyber systems, 
and Remotely Piloted Aircraft; 
(J) assess the value of State and local legislative initia-
tives to protect Air Force test and training range infrastruc-
ture; 
(K) identify parcels with no value to future military 
operations;
H. R. 1540—75 
(L) propose a list of prioritized projects, easements, 
acquisitions, or other actions, including estimated costs 
required to upgrade the test and training range infrastruc-
ture, taking into consideration the criteria set forth in 
this paragraph; and 
(M) explore opportunities to increase foreign military 
training with United States allies at test and training 
ranges in the continental United States. 
(3) FORM.—Each report required under this subsection shall 
be submitted in unclassified form, but may include a classified 
annex as necessary. 
(4) RULE OF CONSTRUCTION.—The reports submitted under 
this section shall not be construed as meeting the requirements 
of section 2815(d) of the Military Construction Authorization 
Act for Fiscal Year 2000 (Public Law 106–65; 113 Stat. 852). 
SEC. 344. STUDY ON TRAINING RANGE INFRASTRUCTURE FOR SPECIAL 
OPERATIONS FORCES. 
(a) STUDY.— 
(1) IN GENERAL.—The Commander of the United States 
Special Operations Command shall conduct a study on the 
ability of existing training ranges used by special operations 
forces, including military operating area airspace and special 
use airspace, to support the full spectrum of missions and 
operations assigned to special operations forces. 
(2) CONSULTATION.—The Commander shall, in conducting 
the study required under paragraph (1), consult with the Secre-
taries of the military departments, the Office of the Secretary 
of Defense, and the Joint Staff on— 
(A) procedures and priorities for joint use and training 
on ranges operated by the military services, and to assess 
the requirements needed to support combined arms 
training on the ranges; and 
(B) requirements and proposed investments to meet 
special operations training requirements through 2025. 
(b) REPORTS.— 
(1) IN GENERAL.—Not later than one year after the date 
of the enactment of this Act, the Commander shall submit 
to the congressional defense committees a report on the plan 
to meet the requirements under subsection (a). 
(2) CONTENT.—The study submitted under paragraph (1) 
shall— 
(A) assess the current condition and adequacy of, and 
access to, all existing training ranges in the United States 
used by special operations forces; 
(B) identify potential areas of concern for maintaining 
the physical safety, security, and current operating environ-
ment of ranges used by special operations forces; 
(C) identify issues and challenges related to the avail-
ability and sustainability of the existing training ranges 
used by special operations forces, including support of a 
full spectrum of operations and protection of classified mis-
sions and tactics; 
(D) assess coordination among ranges and local, State, 
regional, and Federal entities involved in land use planning 
and the protection of ranges from encroachment;
H. R. 1540—76 
(E) propose remedies and actions to ensure consistent 
and prioritized access to existing ranges; 
(F) prioritize improvements and modernization of the 
facilities, equipment, and technology supporting the ranges 
in order to adequately simulate the full spectrum of threats 
and contingencies for special operations forces; and 
(G) propose a list of prioritized projects, easements, 
acquisitions, or other actions, including estimated costs 
required to upgrade training range infrastructure. 
(3) FORM.—Each report required under this subsection shall 
be submitted in unclassified form, but may include a classified 
annex as necessary. 
SEC. 345. GUIDANCE TO ESTABLISH NON-TACTICAL WHEELED VEHICLE 
AND EQUIPMENT SERVICE LIFE EXTENSION PROGRAMS 
TO ACHIEVE COST SAVINGS. 
Not later than 270 days after the date of the enactment of 
this Act, the Secretary of Defense shall conduct a survey of the 
quantity and condition of each class of non-tactical wheeled vehicles 
and base-level commercial equipment in the fleets of the military 
departments and report to the congressional defense committees 
on the advisability of establishing service life extension programs 
for such classes of vehicles. 
SEC. 346. STUDY ON UNITED STATES FORCE POSTURE IN THE UNITED 
STATES PACIFIC COMMAND AREA OF RESPONSIBILITY. 
(a) INDEPENDENT ASSESSMENT.— 
(1) IN GENERAL.—The Secretary of Defense, in consultation 
with the Chairmen and Ranking Members of the Committees 
on Armed Services of the Senate and the House of Representa-
tives, shall commission an independent assessment of United 
States security interests in the United States Pacific Command 
area of responsibility. The assessment shall be conducted by 
an independent, non-governmental institute which is described 
in section 501(c)(3) of the Internal Revenue Code of 1986 and 
exempt from tax under section 501(a) of such Code, and has 
recognized credentials and expertise in national security and 
military affairs with ready access to policy experts throughout 
the country and from the region. 
(2) ELEMENTS.—The assessment conducted pursuant to 
paragraph (1) shall include the following elements: 
(A) A review of current and emerging United States 
national security interests in the United States Pacific 
Command area of responsibility. 
(B) A review of current United States military force 
posture and deployment plans of the United States Pacific 
Command. 
(C) Options for the realignment of United States forces 
in the region to respond to new opportunities presented 
by allies and partners. 
(D) The views of noted policy leaders and regional 
experts, including military commanders in the region. 
(b) REPORT.—Not later than 90 days after the date of the 
enactment of this Act, the designated private entity shall provide 
an unclassified report, with a classified annex, containing its 
findings to the Secretary of Defense. Not later than 90 days after 
the date of receipt of the report, the Secretary of Defense shall 
transmit the report to the congressional defense committees,
H. R. 1540—77 
together with such comments on the report as the Secretary con-
siders appropriate. 
(c) AUTHORIZATION
OF
APPROPRIATIONS.—Of the amounts 
authorized to be appropriated under section 301 for operation and 
maintenance for Defense-wide activities, up to $1,000,000, shall 
be made available for the completion of the study required under 
this section. 
SEC. 347. STUDY ON OVERSEAS BASING PRESENCE OF UNITED STATES 
FORCES. 
(a) INDEPENDENT ASSESSMENT.—The Secretary of Defense shall 
commission an independent assessment of the overseas basing pres-
ence of United States forces. 
(b) CONDUCT
OF ASSESSMENT.—The assessment required by 
subsection (a) may, at the election of the Secretary, be conducted 
by— 
(1) a Federally-funded research and development center 
(FFRDC); or 
(2) an independent, non-governmental institute which is 
described in section 501(c)(3) of the Internal Revenue Code 
of 1986 and exempt from tax under section 501(a) of such 
Code, and has recognized credentials and expertise in national 
security and military affairs appropriate for the assessment. 
(c) ELEMENTS.—The assessment required by subsection (a) 
should include, but not be limited to, the following: 
(1) An assessment of the location and number of United 
States forces required to be forward based outside the United 
States in order to meet the National Military Strategy, 2010, 
the quadrennial defense review, and the engagement strategies 
and operational plans of the combatant commands. 
(2) An assessment of— 
(A) the current condition and capacity of the available 
military facilities and training ranges of the United States 
overseas for all permanent stations and deployed locations, 
including land and improvements at such facilities and 
ranges and the availability of additional land, if required, 
for such facilities and ranges; and 
(B) the cost of maintaining such infrastructure. 
(3) A determination of the amounts received by the United 
States, whether in direct payments, in-kind contributions, or 
otherwise, from foreign countries by reason of military facilities 
of the United States overseas. 
(4) A determination of the amounts paid by the United 
States in direct payments to foreign countries for the use of 
facilities, ranges, and lands. 
(5) An assessment of the advisability of the retention, clo-
sure, or realignment of military facilities of the United States 
overseas, or of the establishment of new military facilities of 
the United States overseas, in light of potential fiscal con-
straints on the Department of Defense and emerging national 
security requirements in coming years. 
(d) REPORT.—Not later than one year after the date of the 
enactment of this Act, the entity selected for the conduct of the 
assessment required by subsection (a) shall provide to the Secretary 
an unclassified report, with a classified annex (if appropriate), 
containing its findings as a result of the assessment. Not later 
than 90 days after the date of receipt of the report, the Secretary
H. R. 1540—78 
shall transmit the report to the congressional defense committees, 
together with such comments on the report as the Secretary con-
siders appropriate. 
(e) FUNDING.—Of the amounts authorized to be appropriated 
by section 301 and available for operation and maintenance for 
Defense-wide activities as specified in the funding table in section 
4301, up to $2,000,000 shall be made available for the completion 
of the assessment required by subsection (a). 
SEC. 348. INCLUSION OF ASSESSMENT OF JOINT MILITARY TRAINING 
AND FORCE ALLOCATIONS IN QUADRENNIAL DEFENSE 
REVIEW AND NATIONAL MILITARY STRATEGY. 
The assessments of the National Military Strategy conducted 
by the Chairman of the Joint Chiefs of Staff under section 153(b) 
of this title, and the quadrennial roles and missions review pursuant 
to section 118b of this title, shall include an assessment of joint 
military training and force allocations to determine— 
(1) the compliance of the military departments with the 
joint training, doctrine, and resource allocation recommenda-
tions promulgated by the Joint Chiefs of Staff; and 
(2) the effectiveness of the Joint Staff in carrying out 
the missions of planning and experimentation formerly accom-
plished by Joint Forces Command. 
SEC. 349. MODIFICATION OF REPORT ON PROCUREMENT OF MILITARY 
WORKING DOGS. 
Subsection (c) of section 358 of the Duncan Hunter National 
Defense Authorization Act for Fiscal Year 2009 (Public Law 110– 
417; 122 Stat. 4427; 10 U.S.C. 2302 note) is amended— 
(1) in the subsection heading by striking ‘‘ANNUAL REPORT’’ 
and inserting ‘‘BIENNIAL REPORT’’; 
(2) by striking ‘‘annually thereafter for each of the following 
five years’’ and inserting ‘‘biennially thereafter’’; 
(3) by striking ‘‘for the fiscal year preceding’’ and inserting 
‘‘for the two fiscal years preceding’’; 
(4) by striking the second sentence; and 
(5) by striking ‘‘for the fiscal year covered by the report’’ 
and inserting ‘‘for the period covered by the report’’. 
Subtitle F—Limitations and Extension of 
Authority 
SEC. 351. ADOPTION OF MILITARY WORKING DOG BY FAMILY OF 
DECEASED OR SERIOUSLY WOUNDED MEMBER OF THE 
ARMED FORCES WHO WAS THE DOG’S HANDLER. 
Section 2583 of title 10, United States Code, is amended— 
(1) in subsection (a)(2) by inserting after ‘‘extraordinary 
circumstances’’ the following: ‘‘, including circumstances under 
which the handler of a military working dog is killed in action, 
dies of wounds received in action, or is medically retired as 
a result of injuries received in action,’’; and 
(2) in subsection (c), by adding at the end the following: 
‘‘If the Secretary of the military department concerned deter-
mines that an adoption is justified under subsection (a)(2) under 
circumstances under which the handler of a military working 
dog is wounded in action, the dog may be made available
H. R. 1540—79 
for adoption only by the handler. If the Secretary of the military 
department concerned determines that such an adoption is 
justified under circumstances under which the handler of a 
military working dog is killed in action or dies of wounds 
received in action, the military working dog shall be made 
available for adoption only by a parent, child, spouse, or sibling 
of the deceased handler.’’. 
SEC. 352. PROHIBITION ON EXPANSION OF THE AIR FORCE FOOD 
TRANSFORMATION INITIATIVE. 
The Secretary of the Air Force may not expand the Air Force 
food transformation initiative (hereinafter referred to as the ‘‘initia-
tive’’) to include any base other than the six bases initially included 
in the pilot program until the Secretary of the Air Force submits 
to the Committees on Armed Services of the Senate and House 
of Representatives a report on the initiative. Such report shall 
include the following: 
(1) A description of the effects of the initiative on all 
employees who are paid through nonappropriated funds. 
(2) A description of the training programs being developed 
to assist the transition for all employees affected by the initia-
tive. 
(3) An explanation of how appropriated and non-appro-
priated funds used in the initiative are being tracked to ensure 
that such funds remain segregated. 
(4) An estimate of the cost savings and efficiencies associ-
ated with the initiative, and an explanation of how such savings 
are achieved. 
(5) An assessment of increases in food prices at both the 
appropriated facilities on the military bases participating in 
the initiative as of the date of the enactment of this Act and 
the non-appropriated funded facilities on such bases. 
(6) A plan for addressing any recommendations made by 
the Comptroller General of the United States following the 
Comptroller General’s review of the initiative. 
SEC. 353. DESIGNATION AND LIMITATION ON OBLIGATION AND 
EXPENDITURE OF FUNDS FOR THE MIGRATION OF ARMY 
ENTERPRISE EMAIL SERVICES. 
(a) DESIGNATION.—The Secretary of the Army shall designate 
the effort to consolidate its enterprise email services a formal 
acquisition program with the Army acquisition executive as the 
milestone decision authority. The Secretary of the Army may not 
delegate the authority under this subsection. 
(b) LIMITATION.—None of the funds authorized to be appro-
priated by this Act or otherwise made available to the Department 
of Defense for fiscal year 2012 for procurement or operation and 
maintenance for the migration to enterprise email services by the 
Department of the Army may be obligated or expended until the 
date that is 30 days after the date on which the Secretary of 
Army submits to the congressional defense committees a report 
on the acquisition strategy for the acquisition program designated 
under subsection (a), including certification that existing and 
planned efforts for the program comply with all existing regulations 
pertaining to competition. The report shall include each of the 
following: 
(1) A description of the formal acquisition oversight body 
established.
H. R. 1540—80 
(2) An assessment by the acquisition oversight body of 
the sufficiency and completeness of the current validated 
requirements and analysis of alternatives. 
(3) In any instances where the validated requirements or 
analysis of alternatives has been determined to be insufficient, 
a plan for remediation. 
(4) An assessment by the Army Audit Agency to determine 
the cost savings and cost avoidance expected from each of 
the alternatives to be considered. 
(5) An assessment of the technical challenges to imple-
menting the selected approach, including a security assessment. 
(6) A certification by the Secretary of the Army that the 
selected approach for moving forward is in the best technical 
and financial interests of the Army and provides for the max-
imum amount of competition possible in accordance with section 
2302(3)(D) of title 10, United States Code. 
(7) A detailed accounting of the funding expended by the 
program as of the date of the enactment of this Act, as well 
as an estimate of the funding needed to complete the selected 
approach. 
(c) REPORT BY CHIEF INFORMATION OFFICER OF THE DEPART-
MENT OF DEFENSE.—Not later than 180 days after the date of 
the enactment of this Act, the Chief Information Officer of the 
Department of Defense shall submit to the congressional defense 
committees a report on Department of Defense plans for enterprise 
email. Such report shall include— 
(1) an assessment of how the migration of the Army’s 
email system to the Defense Information Services Agency fits 
within the Department’s strategic information technology plans; 
(2) a description of how the Chief Information Officer is 
addressing the email capabilities of the other military depart-
ments, including plans for consolidating the email services of 
the other military departments; and 
(3) a description of the degree to which fair and open 
competition will be or has been used to modernize the existing 
infrastructure to which the Army is migrating its email serv-
ices, including a roadmap detailing when elements of the 
architecture will be upgraded over time. 
SEC. 354. ONE-YEAR EXTENSION OF PILOT PROGRAM FOR AVAIL-
ABILITY OF WORKING-CAPITAL FUNDS TO ARMY FOR CER-
TAIN PRODUCT IMPROVEMENTS. 
Section 330(f) of the National Defense Authorization Act for 
Fiscal Year 2008 (Public Law 110–181; 122 Stat. 68) is amended 
by striking ‘‘October 1, 2013’’ and inserting ‘‘October 1, 2014’’. 
Subtitle G—Other Matters 
SEC. 361. COMMERCIAL SALE OF SMALL ARMS AMMUNITION AND 
SMALL ARMS AMMUNITION COMPONENTS IN EXCESS OF 
MILITARY REQUIREMENTS, AND FIRED CARTRIDGE CASES. 
Section 346 of the Ike Skelton National Defense Authorization 
Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4191; 
10 U.S.C. 2576 note) is amended to read as follows:
H. R. 1540—81 
‘‘SEC. 346. COMMERCIAL SALE OF SMALL ARMS AMMUNITION AND 
SMALL ARMS AMMUNITION COMPONENTS IN EXCESS OF 
MILITARY REQUIREMENTS, AND FIRED CARTRIDGE CASES. 
‘‘(a) COMMERCIAL SALE OF SMALL ARMS AMMUNITION, SMALL 
AMMUNITION COMPONENTS, AND FIRED CARTRIDGE CASES.—Small 
arms ammunition and small ammunition components which are 
in excess of military requirements, and intact fired small arms 
cartridge cases shall be made available for commercial sale. Such 
small arms ammunition, small arms ammunition components, and 
intact fired cartridge cases shall not be demilitarized, destroyed, 
or disposed of, unless in excess of commercial demands or certified 
by the Secretary of Defense as unserviceable or unsafe. This provi-
sion shall not apply to ammunition, ammunition components, or 
fired cartridge cases stored or expended outside the continental 
United States (OCONUS). 
‘‘(b) DEADLINE FOR GUIDANCE.—Not later than 90 days after 
the date of the enactment of the National Defense Authorization 
Act for Fiscal Year 2012, the Secretary of Defense shall issue 
guidance to ensure compliance with subsection (a). Not later than 
15 days after issuing such guidance, the Secretary shall submit 
to the congressional defense committees a letter of compliance pro-
viding notice of such guidance. 
‘‘(c) PREFERENCE.—No small arms ammunition or small arms 
ammunition components in excess of military requirements, or fired 
small arms cartridge cases may be made available for commercial 
sale under this section before such ammunition and ammunition 
components are offered for transfer or purchase, as authorized 
by law, to another Federal department or agency or for sale to 
State and local law enforcement, firefighting, homeland security, 
and emergency management agencies pursuant to section 2576 
of title 10, United States Code, as amended by this Act. 
‘‘(d) SALES CONTROLS.—All small arms ammunition and small 
arms ammunition components, and fired small arms cartridge cases 
made available for commercial sale under this section shall be 
subject to all explosives safety and trade security controls in effect 
at the time of sale. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) SMALL
ARMS
AMMUNITION.—The term ‘small arms 
ammunition’ means ammunition or ordnance for firearms up 
to and including .50 caliber and for shotguns. 
‘‘(2) SMALL
ARMS
AMMUNITION
COMPONENTS.—The term 
‘small arms ammunition components’ means components, parts, 
accessories, and attachments associated with small arms 
ammunition. 
‘‘(3) FIRED
CARTRIDGE
CASES.—The term ‘fired cartridge 
cases’ means expended small arms cartridge cases (ESACC).’’. 
SEC. 362. COMPTROLLER GENERAL REVIEW OF SPACE-AVAILABLE 
TRAVEL ON MILITARY AIRCRAFT. 
(a) REVIEW REQUIRED.—The Comptroller General of the United 
States shall conduct a review of the Department of Defense system 
for space-available travel. The review shall determine the capacity 
of the system presently and as projected in the future and shall 
examine the efficiency and usage of space-available travel. 
(b) ELEMENTS.—The review required under subsection (a) shall 
include the following elements:
H. R. 1540—82 
(1) A discussion of the efficiency of the system and data 
regarding usage of available space by category of passengers 
under existing regulations. 
(2) Estimates of the effect on availability based on future 
projections. 
(3) A discussion of the logistical and managements prob-
lems, including congestion at terminals, waiting times, lodging 
availability, and personal hardships currently experienced by 
travelers. 
(4) An evaluation of the cost of the system and whether 
space-available travel is and can remain cost-neutral. 
(5) An evaluation of the feasibility of expanding the cat-
egories of passengers eligible for space-available travel to 
include— 
(A) in the case of overseas travel, retired members 
of an active or reserve component, including retired mem-
bers of reserve components, who, but for being under the 
eligibility age applicable to the member under section 
12731 title 10, United States Code, would be eligible for 
retired pay under chapter 1223 of such title; and 
(B) unremarried widows and widowers of active or 
reserve component members of the Armed Forces. 
(6) Other factors relating to the efficiency and cost effective-
ness of space-available travel. 
SEC. 363. AUTHORITY TO PROVIDE INFORMATION FOR MARITIME 
SAFETY OF FORCES AND HYDROGRAPHIC SUPPORT. 
(a) AUTHORITY.—Part IV of subtitle C of title 10, United States 
Code, is amended by adding at the end the following new chapter: 
‘‘CHAPTER 669—MARITIME SAFETY OF FORCES 
‘‘Sec. 
‘‘7921. Safety and effectiveness information; hydrographic information. 
‘‘§ 7921. Safety and effectiveness information; hydrographic 
information 
‘‘(a) SAFETY AND EFFECTIVENESS INFORMATION.—(1) The Sec-
retary of the Navy shall maximize the safety and effectiveness 
of all maritime vessels, aircraft, and forces of the armed forces 
by means of— 
‘‘(A) marine data collection; 
‘‘(B) numerical weather and ocean prediction; and 
‘‘(C) forecasting of hazardous weather and ocean conditions. 
‘‘(2) The Secretary may extend similar support to forces of 
the North Atlantic Treaty Organization, and to coalition forces, 
that are operating with the armed forces. 
‘‘(b) HYDROGRAPHIC INFORMATION.—The Secretary of the Navy 
shall collect, process, and provide to the Director of the National 
Geospatial-Intelligence Agency hydrographic information to support 
preparation of maps, charts, books, and geodetic products by that 
Agency.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters at the begin-
ning of subtitle C of such title, and the table of chapters at the 
beginning of part IV of such subtitle, are each amended by inserting 
after the item relating to chapter 667 the following new item: 
‘‘669. Maritime Safety of Forces ...................................................................... 7921’’.
H. R. 1540—83 
SEC. 364. DEPOSIT OF REIMBURSED FUNDS UNDER RECIPROCAL FIRE 
PROTECTION AGREEMENTS. 
(a) IN GENERAL.—Subsection (b) of section 5 of the Act of 
May 27, 1955 (42 U.S.C. 1856d(b)) is amended to read as follows: 
‘‘(b) Notwithstanding subsection (a), all sums received as 
reimbursements for costs incurred by any Department of Defense 
activity for fire protection rendered pursuant to this Act shall 
be credited to the same appropriation or fund from which the 
expenses were paid or, if the period of availability for obligation 
for that appropriation has expired, to the appropriation or fund 
that is currently available to the activity for the same purpose. 
Amounts so credited shall be subject to the same provisions and 
restrictions as the appropriation or account to which credited.’’. 
(b) APPLICABILITY.—The amendment made by subsection (a) 
shall apply with respect to reimbursements for expenditures of 
funds appropriated after the date of the enactment of this Act. 
SEC. 365. CLARIFICATION OF THE AIRLIFT SERVICE DEFINITIONS REL-
ATIVE TO THE CIVIL RESERVE AIR FLEET. 
(a) CLARIFICATION.—Section 41106 of title 49, United States 
Code, is amended— 
(1) in subsections (a)(1), (b), and (c), by striking ‘‘transport 
category aircraft’’ each place it appears and inserting ‘‘CRAF- 
eligible aircraft’’; and 
(2) in subsection (c), by striking ‘‘that has aircraft in the 
civil reserve air fleet’’ and inserting ‘‘referred to in subsection 
(a)’’. 
(b) CRAF-ELIGIBLE AIRCRAFT DEFINED.—Such section is further 
amended by adding at the end the following new subsection: 
‘‘(e) CRAF-ELIGIBLE
AIRCRAFT
DEFINED.—In this section, 
‘CRAF-eligible aircraft’ means aircraft of a type the Secretary of 
Defense has determined to be eligible to participate in the civil 
reserve air fleet.’’. 
SEC. 366. RATEMAKING PROCEDURES FOR CIVIL RESERVE AIR FLEET 
CONTRACTS. 
(a) IN GENERAL.—Chapter 931 of title 10, United States Code, 
is amended by inserting after section 9511 the following new section: 
‘‘§ 9511a. Civil Reserve Air Fleet contracts: payment rate 
‘‘(a) AUTHORITY.—The Secretary of Defense shall determine a 
fair and reasonable rate of payment for airlift services provided 
to the Department of Defense by air carriers who are participants 
in the Civil Reserve Air Fleet program. 
‘‘(b) REGULATIONS.—The Secretary of Defense shall prescribe 
regulations for purposes of subsection (a). The Secretary may 
exclude from the applicability of those regulations any airlift serv-
ices contract made through the use of competitive procedures. 
‘‘(c) COMMITMENT OF AIRCRAFT AS A BUSINESS FACTOR.—The 
Secretary may, in determining the quantity of business to be 
received under an airlift services contract for which the rate of 
payment is determined in accordance with subsection (a), use as 
a factor the relative amount of airlift capability committed by 
each air carrier to the Civil Reserve Air Fleet. 
‘‘(d) INAPPLICABLE PROVISIONS OF LAW.—An airlift services con-
tract for which the rate of payment is determined in accordance 
with subsection (a) shall not be subject to the provisions of section
H. R. 1540—84 
2306a of this title or to the provisions of subsections (a) and (b) 
of section 1502 of title 41.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 9511 the following new item: 
‘‘9511a. Civil Reserve Air Fleet contracts: payment rate.’’. 
(c) INITIAL
REGULATIONS.—Regulations shall be prescribed 
under section 9511a(b) of title 10, United States Code, as added 
by subsection (a), not later than 180 days after the date of the 
enactment of this Act. 
SEC. 367. POLICY ON ACTIVE SHOOTER TRAINING FOR CERTAIN LAW 
ENFORCEMENT PERSONNEL. 
The Secretary of Defense shall establish policy and promulgate 
guidelines to ensure civilian and military law enforcement personnel 
charged with security functions on military installations shall 
receive Active Shooter Training as described in finding 4.3 of the 
document entitled ‘‘Protecting the Force: Lessons From Fort Hood’’. 
SEC. 368. PROCUREMENT OF TENTS OR OTHER TEMPORARY STRUC-
TURES. 
(a) IN GENERAL.—In procuring tents or other temporary struc-
tures for use by the Armed Forces, and in establishing or 
maintaining an alternative source for such tents and structures, 
the Secretary of Defense shall award contracts that provide the 
best value to the United States. In determining the best value 
to the United States under this section, the Secretary shall consider 
the total life-cycle costs of such tents or structures, including the 
costs associated with any equipment or fuel needed to heat or 
cool such tents or structures. 
(b) INTERAGENCY PROCUREMENT.—The requirements of this sec-
tion shall apply to any agency or department of the United States 
that procures tents or other temporary structures on behalf of 
the Department of Defense. 
TITLE IV—MILITARY PERSONNEL 
AUTHORIZATIONS 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revision in permanent active duty end strength minimum levels. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Fiscal year 2012 limitation on number of non-dual status technicians. 
Sec. 415. Maximum number of reserve personnel authorized to be on active duty 
for operational support. 
Subtitle C—Authorization of Appropriations 
Sec. 421. Military personnel.
H. R. 1540—85 
Subtitle A—Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
The Armed Forces are authorized strengths for active duty 
personnel as of September 30, 2012, as follows: 
(1) The Army, 562,000. 
(2) The Navy, 325,700. 
(3) The Marine Corps, 202,100. 
(4) The Air Force, 332,800. 
SEC. 402. REVISION IN PERMANENT ACTIVE DUTY END STRENGTH 
MINIMUM LEVELS. 
Section 691(b) of title 10, United States Code, is amended 
by striking paragraphs (1) through (4) and inserting the following 
new paragraphs: 
‘‘(1) For the Army, 547,400. 
‘‘(2) For the Navy, 325,700. 
‘‘(3) For the Marine Corps, 202,100. 
‘‘(4) For the Air Force, 332,800.’’. 
Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL.—The Armed Forces are authorized strengths 
for Selected Reserve personnel of the reserve components as of 
September 30, 2012, as follows: 
(1) The Army National Guard of the United States, 358,200. 
(2) The Army Reserve, 205,000. 
(3) The Navy Reserve, 66,200. 
(4) The Marine Corps Reserve, 39,600. 
(5) The Air National Guard of the United States, 106,700. 
(6) The Air Force Reserve, 71,400. 
(7) The Coast Guard Reserve, 10,000. 
(b) END STRENGTH REDUCTIONS.—The end strengths prescribed 
by subsection (a) for the Selected Reserve of any reserve component 
shall be proportionately reduced by— 
(1) the total authorized strength of units organized to serve 
as units of the Selected Reserve of such component which 
are on active duty (other than for training) at the end of 
the fiscal year; and 
(2) the total number of individual members not in units 
organized to serve as units of the Selected Reserve of such 
component who are on active duty (other than for training 
or for unsatisfactory participation in training) without their 
consent at the end of the fiscal year. 
(c) END STRENGTH INCREASES.—Whenever units or individual 
members of the Selected Reserve of any reserve component are 
released from active duty during any fiscal year, the end strength 
prescribed for such fiscal year for the Selected Reserve of such 
reserve component shall be increased proportionately by the total 
authorized strengths of such units and by the total number of 
such individual members.
H. R. 1540—86 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUP-
PORT OF THE RESERVES. 
Within the end strengths prescribed in section 411(a), the 
reserve components of the Armed Forces are authorized, as of 
September 30, 2012, the following number of Reserves to be serving 
on full-time active duty or full-time duty, in the case of members 
of the National Guard, for the purpose of organizing, administering, 
recruiting, instructing, or training the reserve components: 
(1) The Army National Guard of the United States, 32,060. 
(2) The Army Reserve, 16,261. 
(3) The Navy Reserve, 10,337. 
(4) The Marine Corps Reserve, 2,261. 
(5) The Air National Guard of the United States, 14,833. 
(6) The Air Force Reserve, 2,662. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL 
STATUS). 
The minimum number of military technicians (dual status) 
as of the last day of fiscal year 2012 for the reserve components 
of the Army and the Air Force (notwithstanding section 129 of 
title 10, United States Code) shall be the following: 
(1) For the Army Reserve, 8,395. 
(2) For the Army National Guard of the United States, 
27,210. 
(3) For the Air Force Reserve, 10,777. 
(4) For the Air National Guard of the United States, 22,509. 
SEC. 414. FISCAL YEAR 2012 LIMITATION ON NUMBER OF NON-DUAL 
STATUS TECHNICIANS. 
(a) LIMITATIONS.— 
(1) NATIONAL GUARD.—Within the limitation provided in 
section 10217(c)(2) of title 10, United States Code, the number 
of non-dual status technicians employed by the National Guard 
as of September 30, 2012, may not exceed the following: 
(A) For the Army National Guard of the United States, 
1,600. 
(B) For the Air National Guard of the United States, 
350. 
(2) ARMY RESERVE.—The number of non-dual status techni-
cians employed by the Army Reserve as of September 30, 2012, 
may not exceed 595. 
(3) AIR FORCE RESERVE.—The number of non-dual status 
technicians employed by the Air Force Reserve as of September 
30, 2012, may not exceed 90. 
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In this section, 
the term ‘‘non-dual status technician’’ has the meaning given that 
term in section 10217(a) of title 10, United States Code. 
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED 
TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT. 
During fiscal year 2012, the maximum number of members 
of the reserve components of the Armed Forces who may be serving 
at any time on full-time operational support duty under section 
115(b) of title 10, United States Code, is the following: 
(1) The Army National Guard of the United States, 17,000. 
(2) The Army Reserve, 13,000. 
(3) The Navy Reserve, 6,200. 
(4) The Marine Corps Reserve, 3,000.
H. R. 1540—87 
(5) The Air National Guard of the United States, 16,000. 
(6) The Air Force Reserve, 14,000. 
Subtitle C—Authorization of 
Appropriations 
SEC. 421. MILITARY PERSONNEL. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for fiscal year 2012 for the use 
of the Armed Forces and other activities and agencies of the Depart-
ment of Defense for expenses, not otherwise provided for, for mili-
tary personnel, as specified in the funding table in section 4401. 
(b) CONSTRUCTION OF AUTHORIZATION.—The authorization of 
appropriations in subsection (a) supersedes any other authorization 
of appropriations (definite or indefinite) for such purpose for fiscal 
year 2012. 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel Policy Generally 
Sec. 501. Increase in authorized strengths for Marine Corps officers on active duty 
in grades of major, lieutenant colonel, and colonel. 
Sec. 502. General officer and flag officer reform. 
Sec. 503. National Defense University outplacement waiver. 
Sec. 504. Voluntary retirement incentive matters. 
Subtitle B—Reserve Component Management 
Sec. 511. Leadership of National Guard Bureau. 
Sec. 512. Membership of the Chief of the National Guard Bureau on the Joint 
Chiefs of Staff. 
Sec. 513. Modification of time in which preseparation counseling must be provided 
to reserve component members being demobilized. 
Sec. 514. Clarification of applicability of authority for deferral of mandatory separa-
tion of military technicians (dual status) until age 60. 
Sec. 515. Authority to order Army Reserve, Navy Reserve, Marine Corps Reserve, 
and Air Force Reserve to active duty to provide assistance in response 
to a major disaster or emergency. 
Sec. 516. Authority for order to active duty of units of the Selected Reserve for 
preplanned missions in support of the combatant commands. 
Sec. 517. Modification of eligibility for consideration for promotion for reserve offi-
cers employed as military technicians (dual status). 
Sec. 518. Consideration of reserve component officers for appointment to certain 
command positions. 
Sec. 519. Report on termination of military technician as a distinct personnel man-
agement category. 
Subtitle C—General Service Authorities 
Sec. 521. Sense of Congress on the unique nature, demands, and hardships of mili-
tary service. 
Sec. 522. Policy addressing dwell time and measurement and data collection re-
garding unit operating tempo and personnel tempo. 
Sec. 523. Protected communications by members of the Armed Forces and prohibi-
tion of retaliatory personnel actions. 
Sec. 524. Notification requirement for determination made in response to review of 
proposal for award of Medal of Honor not previously submitted in timely 
fashion. 
Sec. 525. Expansion of regular enlisted members covered by early discharge author-
ity. 
Sec. 526. Extension of voluntary separation pay and benefits authority. 
Sec. 527. Prohibition on denial of reenlistment of members for unsuitability based 
on the same medical condition for which they were determined to be fit 
for duty.
H. R. 1540—88 
Sec. 528. Designation of persons authorized to direct disposition of remains of 
members of the Armed Forces. 
Sec. 529. Matters covered by preseparation counseling for members of the Armed 
Forces and their spouses. 
Sec. 530. Conversion of high-deployment allowance from mandatory to authorized. 
Sec. 531. Extension of authority to conduct programs on career flexibility to en-
hance retention of members of the Armed Forces. 
Sec. 532. Policy on military recruitment and enlistment of graduates of secondary 
schools. 
Sec. 533. Department of Defense suicide prevention program. 
Subtitle D—Military Justice and Legal Matters 
Sec. 541. Reform of offenses relating to rape, sexual assault, and other sexual mis-
conduct under the Uniform Code of Military Justice. 
Sec. 542. Authority to compel production of documentary evidence. 
Sec. 543. Clarification of application and extent of direct acceptance of gifts author-
ity. 
Sec. 544. Freedom of conscience of military chaplains with respect to the perform-
ance of marriages. 
Subtitle E—Member Education and Training Opportunities and Administration 
Sec. 551. Employment skills training for members of the Armed Forces on active 
duty who are transitioning to civilian life. 
Sec. 552. Enhancement of authorities on joint professional military education. 
Sec. 553. Temporary authority to waive maximum age limitation on admission to 
the military service academies. 
Sec. 554. Enhancement of administration of the United States Air Force Institute 
of Technology. 
Sec. 555. Enrollment of certain seriously wounded, ill, or injured former or retired 
enlisted members of the Armed Forces in associate degree programs of 
the Community College of the Air Force in order to complete degree pro-
gram. 
Sec. 556. Reserve component mental health student stipend. 
Sec. 557. Fiscal year 2012 administration and report on the Troops-to-Teachers 
Program. 
Sec. 558. Pilot program on receipt of civilian credentialing for skills required for 
military occupational specialties. 
Sec. 559. Report on certain education assistance programs. 
Subtitle F—Armed Forces Retirement Home 
Sec. 561. Control and administration by Secretary of Defense. 
Sec. 562. Senior Medical Advisor oversight of health care provided to residents of 
Armed Forces Retirement Home. 
Sec. 563. Establishment of Armed Forces Retirement Home Advisory Council and 
Resident Advisory Committees. 
Sec. 564. Administrators, Ombudsmen, and staff of facilities. 
Sec. 565. Revision of fee requirements. 
Sec. 566. Revision of inspection requirements. 
Sec. 567. Repeal of obsolete transitional provisions and technical, conforming, and 
clerical amendments. 
Subtitle G—Defense Dependents’ Education and Military Family Readiness Matters 
Sec. 571. Impact aid for children with severe disabilities. 
Sec. 572. Continuation of authority to assist local educational agencies that benefit 
dependents of members of the Armed Forces and Department of Defense 
civilian employees. 
Sec. 573. Three-year extension and enhancement of authorities on transition of 
military dependent students among local educational agencies. 
Sec. 574. Revision to membership of Department of Defense Military Family Readi-
ness Council. 
Sec. 575. Reemployment rights following certain National Guard duty. 
Sec. 576. Expansion of Operation Hero Miles. 
Sec. 577. Report on Department of Defense autism pilot and demonstration 
projects. 
Sec. 578. Comptroller General of the United States report on Department of De-
fense military spouse employment programs. 
Subtitle H—Improved Sexual Assault Prevention and Response in the Armed Forces 
Sec. 581. Access of sexual assault victims to legal assistance and services of Sexual 
Assault Response Coordinators and Sexual Assault Victim Advocates.
H. R. 1540—89 
Sec. 582. Consideration of application for permanent change of station or unit 
transfer based on humanitarian conditions for victim of sexual assault 
or related offense. 
Sec. 583. Director of Sexual Assault Prevention and Response Office. 
Sec. 584. Sexual Assault Response Coordinators and Sexual Assault Victim Advo-
cates. 
Sec. 585. Training and education programs for sexual assault prevention and re-
sponse program. 
Sec. 586. Department of Defense policy and procedures on retention and access to 
evidence and records relating to sexual assaults involving members of 
the Armed Forces. 
Subtitle I—Other Matters 
Sec. 588. Department of Defense authority to carry out personnel recovery re-
integration and post-isolation support activities. 
Sec. 589. Military adaptive sports program. 
Sec. 590. Enhancement and improvement of Yellow Ribbon Reintegration Program. 
Sec. 591. Army National Military Cemeteries. 
Sec. 592. Inspection of military cemeteries under jurisdiction of the military depart-
ments. 
Sec. 593. Authorization for award of the distinguished service cross for Captain 
Fredrick L. Spaulding for acts of valor during the Vietnam War. 
Sec. 594. Authorization and request for award of Medal of Honor to Emil Kapaun 
for acts of valor during the Korean War. 
Sec. 595. Review regarding award of Medal of Honor to Jewish American World 
War I veterans. 
Sec. 596. Report on process for expedited determination of disability of members of 
the Armed Forces with certain disabling conditions. 
Sec. 597. Comptroller General study of military necessity of Selective Service Sys-
tem and alternatives. 
Sec. 598. Evaluation of issues affecting disposition of remains of American sailors 
killed in the explosion of the ketch U.S.S. Intrepid in Tripoli Harbor on 
September 4, 1804. 
Subtitle A—Officer Personnel Policy 
Generally 
SEC. 501. INCREASE IN AUTHORIZED STRENGTHS FOR MARINE CORPS 
OFFICERS ON ACTIVE DUTY IN GRADES OF MAJOR, 
LIEUTENANT COLONEL, AND COLONEL. 
The table in subsection (a)(1) of section 523 of title 10, United 
States Code, is amended by striking the items relating to the 
total number of commissioned officers (excluding officers in cat-
egories specified in subsection (b) of such section) serving on active 
duty in the Marine Corps in the grades of major, lieutenant colonel, 
and colonel, respectively, and inserting the following new items: 
‘‘10,000 
2,802 
1,615 
633
12,500 
3,247 
1,768 
658
15,000 
3,691 
1,922 
684
17,500 
4,135 
2,076 
710
20,000 
4,579 
2,230 
736
22,500 
5,024 
2,383 
762
25,000 
5,468 
2,537 
787’’. 
SEC. 502. GENERAL OFFICER AND FLAG OFFICER REFORM. 
(a) REMOVAL OF CERTAIN POSITIONS FROM EXCEPTION TO DIS-
TRIBUTION LIMITS.— 
(1) REMOVAL OF POSITIONS.—Subsection (b) of section 525 
of title 10, United States Code, is amended to read as follows: 
‘‘(b) The limitations of subsection (a) do not include the fol-
lowing:
H. R. 1540—90 
‘‘(1) An officer released from a joint duty assignment, but 
only during the 60-day period beginning on the date the officer 
departs the joint duty assignment, except that the Secretary 
of Defense may authorize the Secretary of a military depart-
ment to extend the 60-day period by an additional 120 days, 
but no more than three officers from each armed forces may 
be on active duty who are excluded under this paragraph. 
‘‘(2) The number of officers required to serve in joint duty 
assignments as authorized by the Secretary of Defense under 
section 526(b) for each military service.’’. 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1) shall take effect on January 1, 2012. 
(b) LIMITATION ON NUMBER OF GENERAL AND FLAG OFFICERS 
ON ACTIVE DUTY.— 
(1) LIMITATION; EXCLUSION
FOR
JOINT
DUTY
REQUIRE-
MENTS.—Section 526 of such title is amended— 
(A) in subsection (a)— 
(i) in paragraph (1), by striking ‘‘230’’ and inserting 
‘‘231’’; 
(ii) in paragraph (2), by striking ‘‘160’’ and 
inserting ‘‘161’’; 
(iii) in paragraph (3), by striking ‘‘208’’ and 
inserting ‘‘198’’; and 
(iv) in paragraph (4), by striking ‘‘60’’ and inserting 
‘‘61’’; and 
(B) in subsection (b)(2)(C), by striking ‘‘76’’ and 
inserting ‘‘73’’. 
(2) DISTRIBUTION LIMITATION.—Section 525(a) of such title 
is amended— 
(A) in paragraph (1)(B), by striking ‘‘45’’ and inserting 
‘‘46’’; 
(B) in paragraph (2)(B), by striking ‘‘43’’ and inserting 
‘‘44’’; 
(C) in paragraph (3)(B), by striking ‘‘32’’ and inserting 
‘‘33’’; and 
(D) in paragraph (4)(C), by striking ‘‘22’’ and inserting 
‘‘23’’. 
(3) EFFECTIVE DATE.—The amendments made by this sub-
section shall take effect on October 1, 2013. 
(c) LIMITED EXCLUSION FOR JOINT DUTY ASSIGNMENTS FROM 
AUTHORIZED STRENGTH LIMITATION.— 
(1) EXCLUSION.—Subsection (b) of section 526 of such title 
is amended by striking ‘‘324’’ and inserting ‘‘310’’. 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1) shall take effect on January 1, 2012. 
(d) ELIMINATION
OF
COMPLETE
EXCLUSION
FOR
OFFICERS 
SERVING IN CERTAIN INTELLIGENCE POSITIONS.— 
(1) ELIMINATION OF CURRENT BROAD EXCLUSION.—Section 
528 of such title is amended by striking subsections (b), (c), 
and (d) and inserting the following new subsections: 
‘‘(b) DIRECTOR AND DEPUTY DIRECTOR OF CIA.—When the posi-
tion of Director or Deputy Director of the Central Intelligence 
Agency is held by an officer of the armed forces, the position, 
so long as the officer serves in the position, shall be designated, 
pursuant to subsection (b) of section 526 of this title, as one of 
the general officer and flag officer positions to be excluded from 
the limitations in subsection (a) of such section.
H. R. 1540—91 
‘‘(c) ASSOCIATE DIRECTOR OF MILITARY AFFAIRS, CIA.—When 
the position of Associate Director of Military Affairs, Central Intel-
ligence Agency, or any successor position, is held by an officer 
of the armed forces, the position, so long as the officer serves 
in the position, shall be designated, pursuant to subsection (b) 
of section 526 of this title, as one of the general officer and flag 
officer positions to be excluded from the limitations in subsection 
(a) of such section. 
‘‘(d) OFFICERS SERVING IN OFFICE OF DNI.—When a position 
in the Office of the Director of National Intelligence designated 
by agreement between the Secretary of Defense and the Director 
of National Intelligence is held by a general officer or flag officer 
of the armed forces, the position, so long as the officer serves 
in the position, shall be designated, pursuant to subsection (b) 
of section 526 of this title, as one of the general officer and flag 
officer positions to be excluded from the limitations in subsection 
(a) of such section. However, not more than five of such positions 
may be included among the excluded positions at any time.’’. 
(2) CLERICAL AMENDMENTS.— 
(A) SECTION HEADING.—The heading of such section 
is amended to read as follows: 
‘‘§ 528. Officers serving in certain intelligence positions: mili-
tary status; application of distribution and strength 
limitations; pay and allowances’’. 
(B) TABLE OF SECTIONS.—The table of sections at the 
beginning of chapter 32 of such title is amended by striking 
the item relating to section 528 and inserting the following 
new item: 
‘‘528. Officers serving in certain intelligence positions: military status; application 
of distribution and strength limitations; pay and allowances.’’. 
SEC. 503. NATIONAL DEFENSE UNIVERSITY OUTPLACEMENT WAIVER. 
(a) WAIVER AUTHORITY
FOR OFFICERS NOT DESIGNATED
AS 
JOINT QUALIFIED OFFICERS.—Subsection (b) of section 663 of title 
10, United States Code, is amended— 
(1) in paragraph (1), by inserting after ‘‘to a joint duty 
assignment’’ the following: ‘‘(or, as authorized by the Secretary 
in an individual case, to a joint assignment other than a joint 
duty assignment)’’; and 
(2) in paragraph (2)— 
(A) by striking ‘‘the joint duty assignment’’ and 
inserting ‘‘the assignment’’; and 
(B) by striking ‘‘a joint duty assignment’’ and inserting 
‘‘such an assignment’’. 
(b) EXCEPTION.—Such section is further amended by adding 
at the end the following new subsection: 
‘‘(d) EXCEPTION FOR OFFICERS GRADUATING FROM OTHER-THAN- 
IN-RESIDENCE PROGRAMS.—(1) Subsection (a) does not apply to an 
officer graduating from a school within the National Defense 
University specified in subsection (c) following pursuit of a program 
on an other-than-in-residence basis. 
‘‘(2) Subsection (b) does not apply with respect to any group 
of officers graduating from a school within the National Defense 
University specified in subsection (c) following pursuit of a program 
on an other-than-in-residence basis.’’.
H. R. 1540—92 
SEC. 504. VOLUNTARY RETIREMENT INCENTIVE MATTERS. 
(a) 
ADDITIONAL
VOLUNTARY
RETIREMENT
INCENTIVE 
AUTHORITY.— 
(1) IN GENERAL.—Chapter 36 of title 10, United States 
Code, is amended by inserting after section 638a the following 
new section: 
‘‘§ 638b. Voluntary retirement incentive 
‘‘(a) INCENTIVE FOR VOLUNTARY RETIREMENT FOR CERTAIN OFFI-
CERS.—The Secretary of Defense may authorize the Secretary of 
a military department to provide a voluntary retirement incentive 
payment in accordance with this section to an officer of the armed 
forces under that Secretary’s jurisdiction who is specified in sub-
section (c) as being eligible for such a payment. 
‘‘(b) LIMITATIONS.—(1) Any authority provided the Secretary 
of a military department under this section shall expire as specified 
by the Secretary of Defense, but not later than December 31, 
2018. 
‘‘(2) The total number of officers who may be provided a vol-
untary retirement incentive payment under this section may not 
exceed 675 officers. 
‘‘(c) ELIGIBLE OFFICERS.—(1) Except as provided in paragraph 
(2), an officer of the armed forces is eligible for a voluntary retire-
ment incentive payment under this section if the officer— 
‘‘(A) has served on active duty for more than 20 years, 
but not more than 29 years, on the approved date of retirement; 
‘‘(B) meets the minimum length of commissioned service 
requirement for voluntary retirement as a commissioned officer 
in accordance with section 3911, 6323, or 8911 of this title, 
as applicable to that officer; 
‘‘(C) on the approved date of retirement, has 12 months 
or more remaining on active-duty service before reaching the 
maximum retirement years of active service for the member’s 
grade as specified in section 633 or 634 of this title; 
‘‘(D) on the approved date of retirement, has 12 months 
or more remaining on active-duty service before reaching the 
maximum retirement age under any other provision of law; 
and 
‘‘(E) meets any additional requirements for such eligibility 
as is specified by the Secretary concerned, including any 
requirement relating to years of service, skill rating, military 
specialty or competitive category, grade, any remaining period 
of obligated service, or any combination thereof. 
‘‘(2) The following officers are not eligible for a voluntary retire-
ment incentive payment under this section: 
‘‘(A) An officer being evaluated for disability under chapter 
61 of this title. 
‘‘(B) An officer projected to be retired under section 1201 
or 1204 of this title. 
‘‘(C) An officer projected to be discharged with disability 
severance pay under section 1212 of this title. 
‘‘(D) A member transferred to the temporary disability 
retired list under section 1202 or 1205 of this title. 
‘‘(E) An officer subject to pending disciplinary action or 
subject to administrative separation or mandatory discharge 
under any other provision of law or regulation.
H. R. 1540—93 
‘‘(d) AMOUNT OF PAYMENT.—The amount of the voluntary retire-
ment incentive payment paid an officer under this section shall 
be an amount determined by the Secretary concerned, but not 
to exceed an amount equal to 12 times the amount of the officer’s 
monthly basic pay at the time of the officer’s retirement. The 
amount may be paid in a lump sum at the time of retirement. 
‘‘(e) REPAYMENT FOR MEMBERS WHO RETURN TO ACTIVE DUTY.— 
(1) Except as provided in paragraph (2), a member of the armed 
forces who, after having received all or part of a voluntary retire-
ment incentive under this section, returns to active duty shall 
have deducted from each payment of basic pay, in such schedule 
of monthly installments as the Secretary concerned shall specify, 
until the total amount deducted from such basic pay equals the 
total amount of voluntary retirement incentive received. 
‘‘(2) Members who are involuntarily recalled to active duty 
or full-time National Guard duty under any provision of law shall 
not be subject to this subsection. 
‘‘(3) The Secretary of Defense may waive, in whole or in part, 
repayment required under paragraph (1) if the Secretary determines 
that recovery would be against equity and good conscience or would 
be contrary to the best interest of the United States. The authority 
in this paragraph may be delegated only to the Under Secretary 
of Defense for Personnel and Readiness and the Principal Deputy 
Under Secretary of Defense of Personnel and Readiness.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of subchapter IV of chapter 36 of such title is 
amended by inserting after the item relating to section 638a 
the following new item: 
‘‘638b. Voluntary retirement incentive.’’. 
(b) REINSTATEMENT OF CERTAIN TEMPORARY EARLY RETIREMENT 
AUTHORITY.— 
(1) REINSTATEMENT.—Subsection (i) of section 4403 of the 
National Defense Authorization Act for Fiscal Year 1993 (10 
U.S.C. 1293 note) is amended— 
(A) by inserting ‘‘(1)’’ before ‘‘the period’’; and 
(B) by inserting before the period at the end the fol-
lowing: ‘‘, and (2) the period beginning on the date of 
the enactment of the National Defense Authorization Act 
for Fiscal Year 2012 and ending on December 31, 2018’’. 
(2) INAPPLICABILITY OF CERTAIN PROVISIONS.—Such section 
is further amended by striking subsection (c) and inserting 
the following new subsection (c): 
‘‘(c) INAPPLICABILITY OF CERTAIN PROVISIONS.— 
‘‘(1) INCREASED RETIRED PAY FOR PUBLIC OR COMMUNITY 
SERVICE.—The provisions of section 4464 of this Act (10 U.S.C. 
1143a note) shall not apply with respect to a member or former 
member retired by reason of eligibility under this section during 
the active force drawdown period specified in subsection (i)(2). 
‘‘(2) COAST GUARD AND NOAA.—During the period specified 
in subsection (i)(2), this section does not apply as follows: 
‘‘(A) To members of the Coast Guard, notwithstanding 
section 542(d) of the National Defense Authorization Act 
for Fiscal Year 1995 (10 U.S.C. 1293 note). 
‘‘(B) To members of the commissioned corps of the 
National Oceanic and Atmospheric Administration, not-
withstanding section 566(c) of the National Defense
H. R. 1540—94 
Authorization Act for Fiscal Year 1995 (Public Law 104– 
106; 10 U.S.C. 1293 note).’’. 
(3) COORDINATION WITH OTHER SEPARATION PROVISIONS.— 
Such section is further amended— 
(A) in subsection (g), by striking ‘‘, 1174a, or 1175’’ 
and inserting ‘‘or 1175a’’; and 
(B) in subsection (h)— 
(i) in the subsection heading, by striking ‘‘SSB 
OR VSI’’ and inserting ‘‘SSB, VSI, OR VSP’’; 
(ii) by inserting before the period at the end of 
the first sentence the following: ‘‘or who before the 
date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2012 was separated 
from active duty pursuant to an agreement entered 
into under section 1175a of such title’’; and 
(iii) in the second sentence, by striking ‘‘under 
section 1174a or 1175 of title 10, United States Code’’. 
Subtitle B—Reserve Component 
Management 
SEC. 511. LEADERSHIP OF NATIONAL GUARD BUREAU. 
(a) CHIEF OF THE NATIONAL GUARD BUREAU.— 
(1) GRADE
AND
EXCLUSION
FROM
GENERAL
AND
FLAG 
OFFICER
AUTHORIZED
STRENGTH.—Subsection (d) of section 
10502 of title 10, United States Code, is amended to read 
as follows: 
‘‘(d) GRADE AND EXCLUSION FROM GENERAL AND FLAG OFFICER 
AUTHORIZED STRENGTH.—(1) The Chief of the National Guard 
Bureau shall be appointed to serve in the grade of general. 
‘‘(2) The Secretary of Defense shall designate, pursuant to sub-
section (b) of section 526 of this title, the position of Chief of 
the National Guard Bureau as one of the general officer and flag 
officer positions to be excluded from the limitations in subsection 
(a) of such section.’’. 
(2) SUCCESSION.—Subsection (e) of such section is amended 
to read as follows: 
‘‘(e) SUCCESSION.—(1) When there is a vacancy in the office 
of the Chief of the National Guard Bureau or in the absence 
or disability of the Chief, the Vice Chief of the National Guard 
Bureau acts as Chief and performs the duties of the Chief until 
a successor is appointed or the absence or disability ceases. 
‘‘(2) When there is a vacancy in the offices of both the Chief 
and the Vice Chief of the National Guard Bureau or in the absence 
or disability of both the Chief and the Vice Chief of the National 
Guard Bureau, or when there is a vacancy in one such office 
and in the absence or disability of the officer holding the other, 
the senior officer of the Army National Guard of the United States 
or the Air National Guard of the United States on duty with 
the National Guard Bureau shall perform the duties of the Chief 
until a successor to the Chief or Vice Chief is appointed or the 
absence or disability of the Chief or Vice Chief ceases, as the 
case may be.’’. 
(3) EXCLUSION FOR CHIEF OF NATIONAL GUARD BUREAU FROM 
GENERAL OFFICER DISTRIBUTION LIMITATIONS.—Section 525 of 
such title is amended—
H. R. 1540—95 
(A) in subsection (b)(1), by striking subparagraph (D); 
and 
(B) in subsection (g)— 
(i) by striking paragraph (2); and 
(ii) by redesignating paragraph (3) as paragraph 
(2). 
(b) VICE CHIEF OF THE NATIONAL GUARD BUREAU.— 
(1) REDESIGNATION OF DIRECTOR OF THE JOINT STAFF OF 
THE
NATIONAL
GUARD
BUREAU.—Subsection (a)(1) of section 
10505 of such title is amended by striking ‘‘Director of the 
Joint Staff of the National Guard Bureau, selected by the 
Secretary of Defense from’’ and inserting ‘‘Vice Chief of the 
National Guard Bureau, appointed by the President, by and 
with the advice and consent of the Senate. The appointment 
shall be made from’’. 
(2) ELIGIBILITY REQUIREMENTS.—Subsection (a)(1) of such 
section is further amended— 
(A) by redesignating subparagraphs (B) and (C) as 
subparagraphs (D) and (E), respectively; 
(B) in subparagraph (E), as so redesignated, by striking 
‘‘colonel’’ and inserting ‘‘brigadier general’’; and 
(C) by inserting after subparagraph (A) the following 
new subparagraphs: 
‘‘(B) are recommended by the Secretary of the Army, in 
the case of officers of the Army National Guard of the United 
States, or by the Secretary of the Air Force, in the case of 
officers of the Air National Guard of the United States, and 
by the Secretary of Defense; 
‘‘(C) are determined by the Chairman of the Joint Chiefs 
of Staff, in accordance with criteria and as a result of a process 
established by the Chairman, to have significant joint duty 
experience;’’. 
(3) GRADE
AND
EXCLUSION
FROM
GENERAL
AND
FLAG 
OFFICER AUTHORIZED STRENGTH.—Subsection (c) of such section 
is amended to read as follows: 
‘‘(c) GRADE AND EXCLUSION FROM GENERAL AND FLAG OFFICER 
AUTHORIZED STRENGTH.—(1) The Vice Chief of the National Guard 
Bureau shall be appointed to serve in the grade of lieutenant 
general. 
‘‘(2) The Secretary of Defense shall designate, pursuant to sub-
section (b) of section 526 of this title, the position of Vice Chief 
of the National Guard Bureau as one of the general officer and 
flag officer positions to be excluded from the limitations in sub-
section (a) of such section.’’. 
(c) CONFORMING AMENDMENTS REGARDING REFERENCES
TO 
DIRECTOR.— 
(1) CROSS REFERENCES IN SECTION 10505.—Section 10505 
of such title is further amended— 
(A) in subsection (a)— 
(i) in paragraphs (2), (3), and (4), by striking 
‘‘Director of the Joint Staff’’ each place in appears 
and inserting ‘‘Vice Chief’’; and 
(ii) in paragraph (3)(B), by striking ‘‘as the 
Director’’ and inserting ‘‘as the Vice Chief’’; and 
(B) in subsection (b), by striking ‘‘Director of the Joint 
Staff’’ and inserting ‘‘Vice Chief’’.
H. R. 1540—96 
(2) 
CROSS
REFERENCES
IN
SECTION
10506.—Section 
10506(a)(1) of such title is amended by striking ‘‘Chief of the 
National Guard Bureau and the Director of the Joint Staff’’ 
and inserting ‘‘Chief and Vice Chief’’. 
(3) OTHER REFERENCES.—Any reference in any law, regula-
tion, document, paper, or other record of the United States 
to the Director of the Joint Staff of the National Guard Bureau 
shall be deemed to be a reference to the Vice Chief of the 
National Guard Bureau. 
(d) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading for section 10505 of 
such title is amended to read as follows: 
‘‘§ 10505. Vice Chief of the National Guard Bureau’’. 
(2) TABLE OF SECTIONS.—The item relating to such section 
in the table of sections at the beginning of chapter 1011 of 
such title is amended to read as follows: 
‘‘10505. Vice Chief of the National Guard Bureau.’’. 
(e) TREATMENT OF CURRENT DIRECTOR OF THE JOINT STAFF 
OF
THE NATIONAL GUARD BUREAU.—The officer who is serving 
as Director of the Joint Staff of the National Guard Bureau on 
the date of the enactment of this Act shall serve, in the grade 
of major general, as acting Vice Chief of the National Guard Bureau 
until the appointment of a Vice Chief of the National Guard Bureau 
in accordance with subsection (a) of section 10505 of title 10, United 
States Code, as amended by subsection (b). Notwithstanding the 
amendment made by subsection (b)(3), the acting Vice Chief of 
the National Guard Bureau shall not be excluded from the limita-
tions in section 526(a) of such title. 
SEC. 512. MEMBERSHIP OF THE CHIEF OF THE NATIONAL GUARD 
BUREAU ON THE JOINT CHIEFS OF STAFF. 
(a) MEMBERSHIP ON JOINT CHIEFS OF STAFF.—Section 151(a) 
of title 10, United States Code, is amended by adding at the end 
the following new paragraph: 
‘‘(7) The Chief of the National Guard Bureau.’’. 
(b) DUTIES AS MEMBER OF JOINT CHIEFS OF STAFF.—Section 
10502 of such title is amended— 
(1) by redesignating subsections (d) and (e), as amended 
by section 511(a), as subsections (e) and (f), respectively; and 
(2) by inserting after subsection (c) the following new sub-
section (d): 
‘‘(d) MEMBER OF JOINT CHIEFS OF STAFF.—As a member of 
the Joint Chiefs of Staff, the Chief of the National Guard Bureau 
has the specific responsibility of addressing matters involving non- 
Federalized National Guard forces in support of homeland defense 
and civil support missions.’’. 
SEC. 513. MODIFICATION OF TIME IN WHICH PRESEPARATION COUN-
SELING MUST BE PROVIDED TO RESERVE COMPONENT 
MEMBERS BEING DEMOBILIZED. 
Section 1142(a)(3)(B) of title 10, United States Code, is amended 
by inserting ‘‘or in the event a member of a reserve component 
is being demobilized under circumstances in which (as determined 
by the Secretary concerned) operational requirements make the 
90-day requirement under subparagraph (A) unfeasible,’’ after ‘‘or 
separation date,’’.
H. R. 1540—97 
SEC. 514. CLARIFICATION OF APPLICABILITY OF AUTHORITY FOR 
DEFERRAL OF MANDATORY SEPARATION OF MILITARY 
TECHNICIANS (DUAL STATUS) UNTIL AGE 60. 
(a) DISCRETIONARY DEFERRAL OF MANDATORY SEPARATION.— 
Section 10216(f) of title 10, United States Code, is amended— 
(1) in the subsection heading, by inserting ‘‘AUTHORITY 
FOR’’ before ‘‘DEFERRAL OF MANDATORY SEPARATION’’; 
(2) by striking ‘‘shall implement’’ and inserting ‘‘may each 
implement’’; 
(3) by inserting ‘‘, at the discretion of the Secretary con-
cerned,’’ after ‘‘so as to allow’’; and 
(4) by striking ‘‘for officers’’. 
(b) CONFORMING AMENDMENT.—Section 10218(a)(3)(A)(i) of such 
title is amended by striking ‘‘if qualified be appointed’’ and inserting 
‘‘if qualified may be appointed’’. 
SEC. 515. AUTHORITY TO ORDER ARMY RESERVE, NAVY RESERVE, 
MARINE CORPS RESERVE, AND AIR FORCE RESERVE TO 
ACTIVE DUTY TO PROVIDE ASSISTANCE IN RESPONSE TO 
A MAJOR DISASTER OR EMERGENCY. 
(a) AUTHORITY.— 
(1) IN GENERAL.—Chapter 1209 of title 10, United States 
Code, is amended by inserting after section 12304 the following 
new section: 
‘‘§ 12304a. Army Reserve, Navy Reserve, Marine Corps 
Reserve, and Air Force Reserve: order to active 
duty to provide assistance in response to a major 
disaster or emergency 
‘‘(a) AUTHORITY.—When a Governor requests Federal assistance 
in responding to a major disaster or emergency (as those terms 
are defined in section 102 of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5122)), the Secretary 
of Defense may, without the consent of the member affected, order 
any unit, and any member not assigned to a unit organized to 
serve as a unit, of the Army Reserve, Navy Reserve, Marine Corps 
Reserve, and Air Force Reserve to active duty for a continuous 
period of not more than 120 days to respond to the Governor’s 
request. 
‘‘(b) EXCLUSION
FROM
STRENGTH
LIMITATIONS.—Members 
ordered to active duty under this section shall not be counted 
in computing authorized strength of members on active duty or 
members in grade under this title or any other law. 
‘‘(c) TERMINATION OF DUTY.—Whenever any unit or member 
of the reserve components is ordered to active duty under this 
section, the service of all units or members so ordered to active 
duty may be terminated by order of the Secretary of Defense or 
law.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 1209 of such title is amended by inserting
H. R. 1540—98 
after the item relating to section 12304 the following new 
item: 
‘‘12304a. Army Reserve, Navy Reserve, Marine Corps Reserve, Air Force Reserve: 
order to active duty to provide assistance in response to a major disaster 
or emergency.’’. 
(b) TREATMENT OF OPERATIONS AS CONTINGENCY OPERATIONS.— 
Section 101(a)(13)(B) of such title is amended by inserting ‘‘12304a,’’ 
after ‘‘12304,’’. 
(c) USUAL AND CUSTOMARY ARRANGEMENT.— 
(1) DUAL-STATUS COMMANDER.—When the Armed Forces 
and the National Guard are employed simultaneously in sup-
port of civil authorities in the United States, appointment of 
a commissioned officer as a dual-status commander serving 
on active duty and duty in, or with, the National Guard of 
a State under sections 315 or 325 of title 32, United States 
Code, as commander of Federal forces by Federal authorities 
and as commander of State National Guard forces by State 
authorities, should be the usual and customary command and 
control arrangement, including for missions involving a major 
disaster or emergency as those terms are defined in section 
102 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5122). The chain of command for 
the Armed Forces shall remain in accordance with sections 
162(b) and 164(c) of title 10, United States Code. 
(2) STATE AUTHORITIES SUPPORTED.—When a major disaster 
or emergency occurs in any area subject to the laws of any 
State, Territory, or the District of Columbia, the Governor 
of the State affected normally should be the principal civil 
authority supported by the primary Federal agency and its 
supporting Federal entities, and the Adjutant General of the 
State or his or her subordinate designee normally should be 
the principal military authority supported by the dual-status 
commander when acting in his or her State capacity. 
(3) RULE OF CONSTRUCTION.—Nothing in paragraphs (1) 
or (2) shall be construed to preclude or limit, in any way, 
the authorities of the President, the Secretary of Defense, or 
the Governor of any State to direct, control, and prescribe 
command and control arrangements for forces under their com-
mand. 
SEC. 516. AUTHORITY FOR ORDER TO ACTIVE DUTY OF UNITS OF THE 
SELECTED RESERVE FOR PREPLANNED MISSIONS IN SUP-
PORT OF THE COMBATANT COMMANDS. 
(a) AUTHORITY.— 
(1) IN GENERAL.—Chapter 1209 of title 10, United States 
Code, as amended by section 515, is further amended by 
inserting after section 12304a the following new section: 
‘‘§ 12304b. Selected Reserve: order to active duty for 
preplanned missions in support of the combatant 
commands 
‘‘(a) AUTHORITY.—When the Secretary of a military department 
determines that it is necessary to augment the active forces for 
a preplanned mission in support of a combatant command, the 
Secretary may, subject to subsection (b), order any unit of the
H. R. 1540—99 
Selected Reserve (as defined in section 10143(a) of this title), with-
out the consent of the members, to active duty for not more than 
365 consecutive days. 
‘‘(b) LIMITATIONS.—(1) Units may be ordered to active duty 
under this section only if— 
‘‘(A) the manpower and associated costs of such active 
duty are specifically included and identified in the defense 
budget materials for the fiscal year or years in which such 
units are anticipated to be ordered to active duty; and 
‘‘(B) the budget information on such costs includes a 
description of the mission for which such units are anticipated 
to be ordered to active duty and the anticipated length of 
time of the order of such units to active duty on an involuntary 
basis. 
‘‘(2) Not more than 60,000 members of the reserve components 
of the armed forces may be on active duty under this section 
at any one time. 
‘‘(c) 
EXCLUSION
FROM
STRENGTH
LIMITATIONS.—Members 
ordered to active duty under this section shall not be counted 
in computing authorized strength in members on active duty or 
total number of members in grade under this title or any other 
law. 
‘‘(d) NOTICE TO CONGRESS.—Whenever the Secretary of a mili-
tary department orders any unit of the Selected Reserve to active 
duty under subsection (a), such Secretary shall submit to Congress 
a report, in writing, setting forth the circumstances necessitating 
the action taken under this section and describing the anticipated 
use of such unit. 
‘‘(e) TERMINATION OF DUTY.—Whenever any unit of the Selected 
Reserve is ordered to active duty under subsection (a), the service 
of all units so ordered to active duty may be terminated— 
‘‘(1) by order of the Secretary of the military department 
concerned; or 
‘‘(2) by law. 
‘‘(f) RELATIONSHIP TO WAR POWERS RESOLUTION.—Nothing con-
tained in this section shall be construed as amending or limiting 
the application of the provisions of the War Powers Resolution 
(50 U.S.C. 1541 et seq.). 
‘‘(g) CONSIDERATIONS
FOR INVOLUNTARY ORDER
TO ACTIVE 
DUTY.—In determining which units of the Selected Reserve will 
be ordered to duty without their consent under this section, appro-
priate consideration shall be given to— 
‘‘(1) the length and nature of previous service, to assure 
such sharing of exposure to hazards as national security and 
military requirements will reasonably allow; 
‘‘(2) the frequency of assignments during service career; 
‘‘(3) family responsibilities; and 
‘‘(4) employment necessary to maintain the national health, 
safety, or interest. 
‘‘(h) POLICIES AND PROCEDURES.—The Secretaries of the mili-
tary departments shall prescribe policies and procedures to carry 
out this section, including on determinations with respect to orders 
to active duty under subsection (g). Such policies and procedures 
shall not go into effect until approved by the Secretary of Defense. 
‘‘(i) DEFENSE BUDGET MATERIALS DEFINED.—In this section, 
the term ‘defense budget materials’ has the meaning given that 
term in section 231(g)(2) of this title.’’.
H. R. 1540—100 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 1209 of such title, as so amended, is 
further amended by inserting after the item relating to section 
12304a the following new item: 
‘‘12304b. Selected Reserve: order to active duty for preplanned missions in support 
of the combatant commands.’’. 
(b) CLARIFYING AMENDMENTS RELATING
TO AUTHORITY TO 
ORDER TO ACTIVE DUTY OTHER THAN DURING WAR OR NATIONAL 
EMERGENCY.—Section 12304(a) of such title is amended— 
(1) by inserting ‘‘named’’ before ‘‘operational mission’’; and 
(2) by striking ‘‘365 days’’ and inserting ‘‘365 consecutive 
days’’. 
SEC. 517. MODIFICATION OF ELIGIBILITY FOR CONSIDERATION FOR 
PROMOTION FOR RESERVE OFFICERS EMPLOYED AS MILI-
TARY TECHNICIANS (DUAL STATUS). 
Section 14301 of title 10, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(i) RESERVE OFFICERS EMPLOYED
AS MILITARY TECHNICIAN 
(DUAL STATUS).—A reserve officer of the Army or Air Force employed 
as a military technician (dual status) under section 10216 of this 
title who has been retained beyond the mandatory removal date 
for years of service pursuant to subsection (f) of such section or 
section 14702(a)(2) of this title is not eligible for consideration 
for promotion by a mandatory promotion board convened under 
section 14101(a) of this title.’’. 
SEC. 518. CONSIDERATION OF RESERVE COMPONENT OFFICERS FOR 
APPOINTMENT TO CERTAIN COMMAND POSITIONS. 
Whenever officers of the Armed Forces are considered for 
appointment to the position of Commander, Army North Command 
or Commander, Air Force North Command, fully qualified officers 
of the National Guard and the Reserves shall be considered for 
appointment to such position. 
SEC. 519. REPORT ON TERMINATION OF MILITARY TECHNICIAN AS 
A DISTINCT PERSONNEL MANAGEMENT CATEGORY. 
(a) INDEPENDENT STUDY REQUIRED.—The Secretary of Defense 
shall conduct an independent study of the feasibility and advis-
ability of terminating the military technician as a distinct personnel 
management category of the Department of Defense. 
(b) ELEMENTS.—In conducting the study required by subsection 
(a), the Secretary shall— 
(1) identify various options for deploying units of the 
Selected Reserve of the Ready Reserve that otherwise use mili-
tary technicians through use of a combination of active duty 
personnel, 
reserve 
component 
personnel, 
State 
civilian 
employees, and Federal civilian employees in a manner that 
meets mission requirements without harming unit readiness; 
(2) identify various means for the management by the 
Department of the transition of military technicians to a system 
that relies on traditional personnel categories of active duty 
personnel, reserve component personnel, and civilian personnel, 
and for the management of any effects of that transition on 
the pay and benefits of current military technicians (including 
means for mitigating or avoiding such effects in the course 
of such transition);
H. R. 1540—101 
(3) determine whether military technicians who are 
employed at the commencement of the transition described 
in paragraph (2) should remain as technicians, whether with 
or without a military status, until separation or retirement, 
rather than transitioned to such a traditional personnel cat-
egory; 
(4) identify and take into account the unique needs of 
the National Guard in the management and use of military 
technicians; 
(5) determine potential cost savings, if any, to be achieved 
as a result of the transition described in paragraph (2), 
including savings in long-term mandatory entitlement costs 
associated with military and civil service retirement obligations; 
(6) develop a recommendation on the feasibility and advis-
ability of terminating the military technician as a distinct per-
sonnel management category, and, if the termination is deter-
mined to be feasible and advisable, develop recommendations 
for appropriate legislative and administrative action to imple-
ment the termination; 
(7) address any other matter relating to the management 
and long-term viability of the military technician as a distinct 
personnel management category that the Secretary shall specify 
for purposes of the study; and 
(8) ensure the involvement and input of military techni-
cians (dual status). 
(c) REPORT.—Not later than one year after the date of the 
enactment of this Act, the Secretary shall submit to the congres-
sional defense committees a report on the study required by sub-
section (a). The report shall set forth the results of the study, 
including the matters specified in subsection (b), and include such 
comments and recommendations on the results of the study as 
the Secretary considers appropriate. 
Subtitle C—General Service Authorities 
SEC. 521. SENSE OF CONGRESS ON THE UNIQUE NATURE, DEMANDS, 
AND HARDSHIPS OF MILITARY SERVICE. 
It is the sense of Congress that— 
(1) section 8 (clauses 12, 13, and 14) of Article I of the 
Constitution of the United States commits exclusively to Con-
gress the powers to raise and support armies, provide and 
maintain a Navy, and make rules for the government and 
regulation of the land and naval forces; 
(2) there is no constitutional right to serve in the Armed 
Forces; 
(3) pursuant to the powers conferred by section 8 of article 
I of the Constitution of the United States, it lies within the 
discretion of the Congress to establish qualifications for and 
conditions of service in the Armed Forces; 
(4) the primary purpose of the Armed Forces is to prepare 
for and to prevail in combat should the need arise; 
(5) the conduct of military operations requires members 
of the Armed Forces to make extraordinary sacrifices, including 
the ultimate sacrifice, in order to provide for the common 
defense;
H. R. 1540—102 
(6) success in combat requires military units that are 
characterized by high morale, good order and discipline, and 
unit cohesion; 
(7) one of the most critical elements in combat capability 
is unit cohesion, that is, the bonds of trust among individual 
members of the Armed Forces that make the combat effective-
ness of a military unit greater than the sum of the combat 
effectiveness of individual unit members; 
(8) military life is fundamentally different from civilian 
life in that— 
(A) the extraordinary responsibilities of the Armed 
Forces, the unique conditions of military service, and the 
critical role of unit cohesion require that the military 
community, while subject to civilian control, exist as a 
specialized society; and 
(B) the military society is characterized by its own 
laws, rules, customs, and traditions, including numerous 
restrictions on personal behavior, that would not be accept-
able in civilian society; 
(9) the standards of conduct for members of the Armed 
Forces regulate a member’s life for 24 hours each day beginning 
at the moment the member enters military status and not 
ending until that person is discharged or otherwise separated 
from the Armed Forces; 
(10) those standards of conduct, including the Uniform 
Code of Military Justice, apply to a member of the Armed 
Forces at all times that the member has a military status, 
whether the member is on base or off base, and whether the 
member is on duty or off duty; 
(11) the pervasive application of the standards of conduct 
is necessary because members of the Armed Forces must be 
ready at all times for worldwide deployment to a combat 
environment; 
(12) the worldwide deployment of United States military 
forces, the international responsibilities of the United States, 
and the potential for involvement of the Armed Forces in actual 
combat routinely make it necessary for members of the Armed 
Forces involuntarily to accept living conditions and working 
conditions that are often spartan, primitive, and characterized 
by forced intimacy with little or no privacy; and 
(13) the Armed Forces must maintain personnel policies 
that are intended to recruit and retain only those persons 
whose presence in the Armed Forces serves the needs of the 
Armed Forces, contributes to the accomplishment of the mis-
sions of the Armed Forces, and maintains the high standards 
of the Armed Forces for morale, good order and discipline, 
and unit cohesion that are the essence of military capability. 
SEC. 522. POLICY ADDRESSING DWELL TIME AND MEASUREMENT AND 
DATA COLLECTION REGARDING UNIT OPERATING TEMPO 
AND PERSONNEL TEMPO. 
(a) POLICY ADDRESSING DWELL TIME.—Subsection (a) of section 
991 of title 10, United States Code, is amended by adding at 
the end the following new paragraph: 
‘‘(4) The Secretary of Defense shall prescribe a policy that 
addresses the amount of dwell time a member of the armed forces
H. R. 1540—103 
or unit remains at the member’s or unit’s permanent duty station 
or home port, as the case may be, between deployments.’’. 
(b) UNIT OPERATING TEMPO AND PERSONNEL TEMPO RECORD-
KEEPING.—Subsection (c) of such section is amended to read as 
follows: 
‘‘(c) RECORDKEEPING.—(1) The Secretary of Defense shall— 
‘‘(A) establish a system for tracking and recording the 
number of days that each member of the armed forces is 
deployed; 
‘‘(B) prescribe policies and procedures for measuring oper-
ating tempo and personnel tempo; and 
‘‘(C) maintain a central data collection repository to provide 
information for research, actuarial analysis, interagency 
reporting, and evaluation of Department of Defense programs 
and policies. 
‘‘(2) The data collection repository shall be able to identify— 
‘‘(A) the active and reserve component units of the armed 
forces that are participating at the battalion, squadron, or 
an equivalent level (or a higher level) in contingency operations, 
major training events, and other exercises and contingencies 
of such a scale that the exercises and contingencies receive 
an official designation; and 
‘‘(B) the duration of their participation. 
‘‘(3) For each of the armed forces, the data collection repository 
shall be able to indicate, for a fiscal year— 
‘‘(A) the number of members who received the high-deploy-
ment allowance under section 436 of title 37 (or who would 
have been eligible to receive the allowance if the duty assign-
ment was not excluded by the Secretary of Defense); 
‘‘(B) the number of members who received each rate of 
allowance paid (estimated in the case of members described 
in the parenthetical phrase in subparagraph (A)); 
‘‘(C) the number of months each member received the allow-
ance (or would have received it in the case of members described 
in the parenthetical phrase in subparagraph (A)); and 
‘‘(D) the total amount expended on the allowance. 
‘‘(4) For each of the armed forces, the data collection repository 
shall be able to indicate, for a fiscal year, the number of days 
that high demand, low density units (as defined by the Chairman 
of the Joint Chiefs of Staff) were deployed, and whether these 
units met the force goals for limiting deployments, as described 
in the personnel tempo policies applicable to that armed force.’’. 
(c) DEFINITIONS.—Such section is further amended by adding 
at the end the following new subsection: 
‘‘(f) OTHER DEFINITIONS.—In this section: 
‘‘(1)(A) Subject to subparagraph (B), the term ‘dwell time’ 
means the time a member of the armed forces or a unit spends 
at the permanent duty station or home port after returning 
from a deployment. 
‘‘(B) The Secretary of Defense may modify the definition 
of dwell time specified in subparagraph (A). If the Secretary 
establishes a different definition of such term, the Secretary 
shall transmit the new definition to Congress. 
‘‘(2) The term ‘operating tempo’ means the rate at which 
units of the armed forces are involved in all military activities, 
including contingency operations, exercises, and training 
deployments.
H. R. 1540—104 
‘‘(3) The term ‘personnel tempo’ means the amount of time 
members of the armed forces are engaged in their official duties 
at a location or under circumstances that make it infeasible 
for a member to spend off-duty time in the housing in which 
the member resides.’’. 
(d) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of section 991 of such 
title is amended to read as follows: 
‘‘§ 991. 
Management 
of 
deployments 
of 
members 
and 
measurement and data collection of unit operating 
and personnel tempo’’. 
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 50 of such title is amended by striking the 
item relating to section 991 and inserting the following new 
item: 
‘‘991. Management of deployments of members and measurement and data collection 
of unit operating and personnel tempo.’’. 
SEC. 523. PROTECTED COMMUNICATIONS BY MEMBERS OF THE ARMED 
FORCES AND PROHIBITION OF RETALIATORY PERSONNEL 
ACTIONS. 
Section 1034(c)(2) of title 10, United States Code, is amended 
by adding at the end the following new subparagraph: 
‘‘(C) A threat by another member of the armed forces 
or employee of the Federal Government that indicates a 
determination or intent to kill or cause serious bodily injury 
to members of the armed forces or civilians or damage 
to military, Federal, or civilian property.’’. 
SEC. 524. NOTIFICATION REQUIREMENT FOR DETERMINATION MADE 
IN RESPONSE TO REVIEW OF PROPOSAL FOR AWARD OF 
MEDAL OF HONOR NOT PREVIOUSLY SUBMITTED IN 
TIMELY FASHION. 
Section 1130(b) of title 10, United States Code, is amended 
by adding at the end the following new sentence: ‘‘If the determina-
tion includes a favorable recommendation for the award of the 
Medal of Honor, the Secretary of Defense, instead of the Secretary 
concerned, shall make the submission under this subsection.’’. 
SEC. 525. EXPANSION OF REGULAR ENLISTED MEMBERS COVERED 
BY EARLY DISCHARGE AUTHORITY. 
Section 1171 of title 10, United States Code, is amended by 
striking ‘‘within three months’’ and inserting ‘‘within one year’’. 
SEC. 526. EXTENSION OF VOLUNTARY SEPARATION PAY AND BENEFITS 
AUTHORITY. 
Section 1175a(k)(1) of title 10, United States Code, is amended 
by striking ‘‘December 31, 2012’’ and inserting ‘‘December 31, 2018’’. 
SEC. 527. PROHIBITION ON DENIAL OF REENLISTMENT OF MEMBERS 
FOR UNSUITABILITY BASED ON THE SAME MEDICAL 
CONDITION FOR WHICH THEY WERE DETERMINED TO BE 
FIT FOR DUTY. 
(a) PROHIBITION.—Subsection (a) of section 1214a of title 10, 
United States Code, is amended by inserting ‘‘, or deny reenlistment 
of the member,’’ after ‘‘a member described in subsection (b)’’.
H. R. 1540—105 
(b) CONFORMING AMENDMENT.—Subsection (c)(3) of such section 
is amended by inserting ‘‘or denial of reenlistment’’ after ‘‘to warrant 
administrative separation’’. 
(c) CLERICAL AMENDMENTS.— 
(1) HEADING AMENDMENT.—The heading of such section 
is amended to read as follows: 
‘‘§ 1214a. Members determined fit for duty in Physical 
Evaluation Board: prohibition on involuntary 
administrative separation or denial of reenlist-
ment due to unsuitability based on medical condi-
tions considered in evaluation’’. 
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 61 of such title is amended by striking the 
item relating to section 1214a and inserting the following new 
item: 
‘‘1214a. Members determined fit for duty in Physical Evaluation Board: prohibition 
on involuntary administrative separation or denial of reenlistment due 
to unsuitability based on medical conditions considered in evaluation.’’. 
SEC. 528. DESIGNATION OF PERSONS AUTHORIZED TO DIRECT DIS-
POSITION OF REMAINS OF MEMBERS OF THE ARMED 
FORCES. 
Section 1482(c) of title 10, United States Code, is amended— 
(1) by striking ‘‘Only the’’ in the matter preceding para-
graph (1) and inserting ‘‘The’’; 
(2) by redesignating paragraphs (1) through (4) as para-
graphs (2) through (5), respectively; 
(3) in paragraph (5), as so redesignated, by striking ‘‘clauses 
(1)-(3)’’ and inserting ‘‘paragraphs (1) through (4)’’; and 
(4) by inserting before paragraph (2), as so redesignated, 
the following new paragraph: 
‘‘(1) The person identified by the decedent on the record 
of emergency data maintained by the Secretary concerned (DD 
Form 93 or any successor to that form), as the Person Author-
ized to Direct Disposition (PADD), regardless of the relationship 
of the designee to the decedent.’’. 
SEC. 529. MATTERS COVERED BY PRESEPARATION COUNSELING FOR 
MEMBERS OF THE ARMED FORCES AND THEIR SPOUSES. 
Section 1142(b) of title 10, United States Code, is amended— 
(1) in paragraph (5), by striking ‘‘job placement counseling 
for the spouse’’ and inserting ‘‘inclusion of the spouse, at the 
discretion of the member and the spouse, when counseling 
regarding the matters covered by paragraphs (9), (10), and 
(16) is provided, job placement counseling for the spouse, and 
the provision of information on survivor benefits available 
under the laws administered by the Secretary of Defense or 
the Secretary of Veterans Affairs’’; 
(2) in paragraph (9), by inserting before the period the 
following: ‘‘, including information on budgeting, saving, credit, 
loans, and taxes’’; 
(3) in paragraph (10), by striking ‘‘and employment’’ and 
inserting ‘‘, employment, and financial’’; 
(4) by striking paragraph (16) and inserting the following 
new paragraph: 
‘‘(16) Information on home loan services and housing assist-
ance benefits available under the laws administered by the
H. R. 1540—106 
Secretary of Veterans Affairs and counseling on responsible 
borrowing practices.’’; and 
(5) in paragraph (17), by inserting before the period the 
following: ‘‘, and information regarding the means by which 
the member can receive additional counseling regarding the 
member’s actual entitlement to such benefits and apply for 
such benefits’’. 
SEC. 530. CONVERSION OF HIGH-DEPLOYMENT ALLOWANCE FROM 
MANDATORY TO AUTHORIZED. 
(a) CONVERSION.—Section 436(a) of title 37, United States Code, 
is amended by striking ‘‘shall pay’’ and inserting ‘‘may pay’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on the first day of the first month beginning 
on or after the date of the enactment of this Act. 
SEC. 531. EXTENSION OF AUTHORITY TO CONDUCT PROGRAMS ON 
CAREER FLEXIBILITY TO ENHANCE RETENTION OF MEM-
BERS OF THE ARMED FORCES. 
(a) DURATION OF PROGRAM AUTHORITY.—Subsection (l) of sec-
tion 533 of the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 701 
note) is amended to read as follows: 
‘‘(l) DURATION OF PROGRAM AUTHORITY.—No member of the 
Armed Forces may be released from active duty under a pilot 
program conducted under this section after December 31, 2015.’’. 
(b) CONTINUATION OF ANNUAL LIMITATION ON SELECTION OF 
PARTICIPANTS.—Subsection (c) of such section is amended by 
striking ‘‘each of calendar years 2009 through 2012’’ and inserting 
‘‘a calendar year’’. 
(c) ADDITIONAL REPORTS REQUIRED.—Subsection (k) of such 
section is amended— 
(1) in paragraph (1), by striking ‘‘June 1, 2011, and June 
1, 2013’’ and inserting ‘‘June 1 of 2011, 2013, 2015, and 2017’’; 
and 
(2) in paragraph (2), by striking ‘‘March 1, 2016’’ and 
inserting ‘‘March 1, 2019’’. 
SEC. 532. POLICY ON MILITARY RECRUITMENT AND ENLISTMENT OF 
GRADUATES OF SECONDARY SCHOOLS. 
(a) EQUAL TREATMENT FOR SECONDARY SCHOOL GRADUATES.— 
(1) EQUAL TREATMENT.—For the purposes of recruitment 
and enlistment in the Armed Forces, the Secretary of a military 
department shall treat a graduate described in paragraph (2) 
in the same manner as a graduate of a secondary school (as 
defined in section 9101(38) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7801(38)). 
(2) COVERED
GRADUATES.—Paragraph (1) applies with 
respect to person who— 
(A) receives a diploma from a secondary school that 
is legally operating; or 
(B) otherwise completes a program of secondary edu-
cation in compliance with the education laws of the State 
in which the person resides. 
(b) POLICY ON RECRUITMENT AND ENLISTMENT.—Not later than 
180 days after the date of the enactment of this Act, the Secretary 
of Defense shall prescribe a policy on recruitment and enlistment 
that incorporates the following:
H. R. 1540—107 
(1) Means for identifying persons described in subsection 
(a)(2) who are qualified for recruitment and enlistment in the 
Armed Forces, which may include the use of a non-cognitive 
aptitude test, adaptive personality assessment, or other oper-
ational attrition screening tool to predict performance, behav-
iors, and attitudes of potential recruits that influence attrition 
and the ability to adapt to a regimented life in the Armed 
Forces. 
(2) Means for assessing how qualified persons fulfill their 
enlistment obligation. 
(3) Means for maintaining data, by each diploma source, 
which can be used to analyze attrition rates among qualified 
persons. 
(c) RECRUITMENT PLAN.—As part of the policy required by sub-
section (b), the Secretary of each of the military departments shall 
develop a recruitment plan that includes a marketing strategy 
for targeting various segments of potential recruits with all types 
of secondary education credentials. 
(d) COMMUNICATION PLAN.—The Secretary of each of the mili-
tary departments shall develop a communication plan to ensure 
that the policy and recruitment plan are understood by military 
recruiters. 
SEC. 533. DEPARTMENT OF DEFENSE SUICIDE PREVENTION PROGRAM. 
(a) PROGRAM ENHANCEMENT.—The Secretary of Defense shall 
take appropriate actions to enhance the suicide prevention program 
of the Department of Defense through the provision of suicide 
prevention information and resources to members of the Armed 
Forces from their initial enlistment or appointment through their 
final retirement or separation. 
(b) COOPERATIVE EFFORT.—The Secretary of Defense shall 
develop suicide prevention information and resources in consulta-
tion with— 
(1) the Secretary of Veterans Affairs, the National Institute 
of Mental Health, and the Substance Abuse and Mental Health 
Services Administration of the Department of Health and 
Human Services; and 
(2) to the extent appropriate, institutions of higher edu-
cation and other public and private entities, including inter-
national entities, with expertise regarding suicide prevention. 
(c) PRESEPARATION COUNSELING REGARDING SUICIDE PREVEN-
TION RESOURCES.—Section 1142(b)(8) of title 10, United States 
Code, is amended by inserting before the period the following: 
‘‘and the availability to the member and dependents of suicide 
prevention resources following separation from the armed forces’’. 
Subtitle D—Military Justice and Legal 
Matters 
SEC. 541. REFORM OF OFFENSES RELATING TO RAPE, SEXUAL 
ASSAULT, AND OTHER SEXUAL MISCONDUCT UNDER THE 
UNIFORM CODE OF MILITARY JUSTICE. 
(a) RAPE AND SEXUAL ASSAULT GENERALLY.—Section 920 of 
title 10, United States Code (article 120 of the Uniform Code 
of Military Justice), is amended as follows:
H. R. 1540—108 
(1) REVISED OFFENSE OF RAPE.—Subsection (a) is amended 
to read as follows: 
‘‘(a) RAPE.—Any person subject to this chapter who commits 
a sexual act upon another person by— 
‘‘(1) using unlawful force against that other person; 
‘‘(2) using force causing or likely to cause death or grievous 
bodily harm to any person; 
‘‘(3) threatening or placing that other person in fear that 
any person will be subjected to death, grievous bodily harm, 
or kidnapping; 
‘‘(4) first rendering that other person unconscious; or 
‘‘(5) administering to that other person by force or threat 
of force, or without the knowledge or consent of that person, 
a drug, intoxicant, or other similar substance and thereby 
substantially impairing the ability of that other person to 
appraise or control conduct; 
is guilty of rape and shall be punished as a court-martial may 
direct.’’. 
(2) REPEAL OF PROVISIONS RELATING TO OFFENSES REPLACED 
BY NEW ARTICLE 120b.—Subsections (b), (d), (f), (g), (i), (j), and 
(o) are repealed. 
(3) REVISED OFFENSE OF SEXUAL ASSAULT.—Subsection (c) 
is redesignated as subsection (b) and is amended to read as 
follows: 
‘‘(b) SEXUAL ASSAULT.—Any person subject to this chapter 
who— 
‘‘(1) commits a sexual act upon another person by— 
‘‘(A) threatening or placing that other person in fear; 
‘‘(B) causing bodily harm to that other person; 
‘‘(C) making a fraudulent representation that the 
sexual act serves a professional purpose; or 
‘‘(D) inducing a belief by any artifice, pretense, or 
concealment that the person is another person; 
‘‘(2) commits a sexual act upon another person when the 
person knows or reasonably should know that the other person 
is asleep, unconscious, or otherwise unaware that the sexual 
act is occurring; or 
‘‘(3) commits a sexual act upon another person when the 
other person is incapable of consenting to the sexual act due 
to— 
‘‘(A) impairment by any drug, intoxicant, or other 
similar substance, and that condition is known or reason-
ably should be known by the person; or 
‘‘(B) a mental disease or defect, or physical disability, 
and that condition is known or reasonably should be known 
by the person; 
is guilty of sexual assault and shall be punished as a court-martial 
may direct.’’. 
(4) AGGRAVATED
SEXUAL
CONTACT.—Subsection (e) is 
redesignated as subsection (c) and is amended— 
(A) by striking ‘‘engages in’’ and inserting ‘‘commits’’; 
and 
(B) by striking ‘‘with’’ and inserting ‘‘upon’’. 
(5) ABUSIVE SEXUAL CONTACT.—Subsection (h) is redesig-
nated as subsection (d) and is amended— 
(A) by striking ‘‘engages in’’ and inserting ‘‘commits’’; 
(B) by striking ‘‘with’’ and inserting ‘‘upon’’; and
H. R. 1540—109 
(C) by striking ‘‘subsection (c) (aggravated sexual 
assault)’’ and inserting ‘‘subsection (b) (sexual assault)’’. 
(6) REPEAL OF PROVISIONS RELATING TO OFFENSES REPLACED 
BY NEW ARTICLE 120c.—Subsections (k), (l), (m), and (n) are 
repealed. 
(7) PROOF OF THREAT.—Subsection (p) is redesignated as 
subsection (e) and is amended— 
(A) by striking ‘‘the accused made’’ and inserting ‘‘a 
person made’’; 
(B) by striking ‘‘the accused actually’’ and inserting 
‘‘the person actually’’; and 
(C) by inserting before the period at the end the fol-
lowing: ‘‘or had the ability to carry out the threat’’. 
(8) DEFENSES.—Subsection (q) is redesignated as subsection 
(f) and is amended to read as follows: 
‘‘(f) DEFENSES.—An accused may raise any applicable defenses 
available under this chapter or the Rules for Court-Martial. Mar-
riage is not a defense for any conduct in issue in any prosecution 
under this section.’’. 
(9) PROVISIONS RELATING TO AFFIRMATIVE DEFENSES.—Sub-
sections (r) and (s) are repealed. 
(10) DEFINITIONS.—Subsection (t) is redesignated as sub-
section (g) and is amended— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by inserting ‘‘or anus or 
mouth’’ after ‘‘vulva’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘genital opening’’ and inserting 
‘‘vulva or anus or mouth,’’; and 
(II) by striking ‘‘a hand or finger’’ and inserting 
‘‘any part of the body’’; 
(B) by striking paragraph (2) and inserting the fol-
lowing: 
‘‘(2) SEXUAL CONTACT.—The term ‘sexual contact’ means— 
‘‘(A) touching, or causing another person to touch, 
either directly or through the clothing, the genitalia, anus, 
groin, breast, inner thigh, or buttocks of any person, with 
an intent to abuse, humiliate, or degrade any person; or 
‘‘(B) any touching, or causing another person to touch, 
either directly or through the clothing, any body part of 
any person, if done with an intent to arouse or gratify 
the sexual desire of any person. 
Touching may be accomplished by any part of the body.’’. 
(C) by striking paragraph (4) and redesignating para-
graph (3) as paragraph (4); 
(D) by redesignating paragraph (8) as paragraph (3), 
transferring that paragraph so as to appear after paragraph 
(2), and amending that paragraph by inserting before the 
period at the end the following: ‘‘, including any nonconsen-
sual sexual act or nonconsensual sexual contact’’; 
(E) in paragraph (4), as redesignated by subparagraph 
(C), by striking the last sentence; 
(F) by striking paragraphs (5) and (7); 
(G) by redesignating paragraph (6) as paragraph (7); 
(H) by inserting after paragraph (4), as redesignated 
by subparagraph (C), the following new paragraphs (5) 
and (6):
H. R. 1540—110 
‘‘(5) FORCE.—The term ‘force’ means— 
‘‘(A) the use of a weapon; 
‘‘(B) the use of such physical strength or violence as 
is sufficient to overcome, restrain, or injure a person; or 
‘‘(C) inflicting physical harm sufficient to coerce or 
compel submission by the victim. 
‘‘(6) UNLAWFUL FORCE.—The term ‘unlawful force’ means 
an act of force done without legal justification or excuse.’’; 
(I) in paragraph (7), as redesignated by subparagraph 
(G)— 
(i) by striking ‘‘under paragraph (3)’’ and all that 
follows through ‘‘contact),’’; and 
(ii) by striking ‘‘death, grievous bodily harm, or 
kidnapping’’ and inserting ‘‘the wrongful action con-
templated by the communication or action.’’; 
(J) by striking paragraphs (9) through (13); 
(K) by redesignating paragraph (14) as paragraph (8) 
and in that paragraph— 
(i) by inserting ‘‘(A)’’ before ‘‘The term’’; 
(ii) by striking ‘‘words or overt acts indicating’’ 
and ‘‘sexual’’ in the first sentence; 
(iii) by striking ‘‘accused’s’’ in the third sentence; 
(iv) by inserting ‘‘or social or sexual’’ before ‘‘rela-
tionship’’ in the fourth sentence; 
(v) by striking ‘‘sexual’’ before ‘‘conduct’’ in the 
fourth sentence; 
(vi) by striking ‘‘A person cannot consent’’ and 
all that follows through the period; and 
(vii) by adding at the end the following new sub-
paragraphs: 
‘‘(B) A sleeping, unconscious, or incompetent person 
cannot consent. A person cannot consent to force causing 
or likely to cause death or grievous bodily harm or to 
being rendered unconscious. A person cannot consent while 
under threat or in fear or under the circumstances 
described in subparagraph (C) or (D) of subsection (b)(1). 
‘‘(C) Lack of consent may be inferred based on the 
circumstances of the offense. All the surrounding cir-
cumstances are to be considered in determining whether 
a person gave consent, or whether a person did not resist 
or ceased to resist only because of another person’s 
actions.’’; and 
(L) by striking paragraphs (15) and (16). 
(11) SECTION
HEADING.—The heading of such section 
(article) is amended to read as follows: 
‘‘§ 920. Art. 120. Rape and sexual assault generally’’. 
(b) RAPE AND SEXUAL ASSAULT OF A CHILD.—Chapter 47 of 
such title (the Uniform Code of Military Justice) is amended by 
inserting after section 920a (article 120a), as amended by subsection 
(a), the following new section (article): 
‘‘§ 920b. Art. 120b. Rape and sexual assault of a child 
‘‘(a) RAPE OF A CHILD.—Any person subject to this chapter 
who— 
‘‘(1) commits a sexual act upon a child who has not attained 
the age of 12 years; or
H. R. 1540—111 
‘‘(2) commits a sexual act upon a child who has attained 
the age of 12 years by— 
‘‘(A) using force against any person; 
‘‘(B) threatening or placing that child in fear; 
‘‘(C) rendering that child unconscious; or 
‘‘(D) administering to that child a drug, intoxicant, 
or other similar substance; 
is guilty of rape of a child and shall be punished as a court- 
martial may direct. 
‘‘(b) SEXUAL ASSAULT OF A CHILD.—Any person subject to this 
chapter who commits a sexual act upon a child who has attained 
the age of 12 years is guilty of sexual assault of a child and 
shall be punished as a court-martial may direct. 
‘‘(c) SEXUAL ABUSE OF A CHILD.—Any person subject to this 
chapter who commits a lewd act upon a child is guilty of sexual 
abuse of a child and shall be punished as a court-martial may 
direct. 
‘‘(d) AGE OF CHILD.— 
‘‘(1) UNDER 12 YEARS.—In a prosecution under this section, 
it need not be proven that the accused knew the age of the 
other person engaging in the sexual act or lewd act. It is 
not a defense that the accused reasonably believed that the 
child had attained the age of 12 years. 
‘‘(2) UNDER 16 YEARS.—In a prosecution under this section, 
it need not be proven that the accused knew that the other 
person engaging in the sexual act or lewd act had not attained 
the age of 16 years, but it is a defense in a prosecution under 
subsection (b) (sexual assault of a child) or subsection (c) (sexual 
abuse of a child), which the accused must prove by a preponder-
ance of the evidence, that the accused reasonably believed 
that the child had attained the age of 16 years, if the child 
had in fact attained at least the age of 12 years. 
‘‘(e) PROOF OF THREAT.—In a prosecution under this section, 
in proving that a person made a threat, it need not be proven 
that the person actually intended to carry out the threat or had 
the ability to carry out the threat. 
‘‘(f) MARRIAGE.—In a prosecution under subsection (b) (sexual 
assault of a child) or subsection (c) (sexual abuse of a child), it 
is a defense, which the accused must prove by a preponderance 
of the evidence, that the persons engaging in the sexual act or 
lewd act were at that time married to each other, except where 
the accused commits a sexual act upon the person when the accused 
knows or reasonably should know that the other person is asleep, 
unconscious, or otherwise unaware that the sexual act is occurring 
or when the other person is incapable of consenting to the sexual 
act due to impairment by any drug, intoxicant, or other similar 
substance, and that condition was known or reasonably should 
have been known by the accused. 
‘‘(g) CONSENT.—Lack of consent is not an element and need 
not be proven in any prosecution under this section. A child not 
legally married to the person committing the sexual act, lewd 
act, or use of force cannot consent to any sexual act, lewd act, 
or use of force. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) SEXUAL ACT AND SEXUAL CONTACT.—The terms ‘sexual 
act’ and ‘sexual contact’ have the meanings given those terms 
in section 920(g) of this title (article 120(g)).
H. R. 1540—112 
‘‘(2) FORCE.—The term ‘force’ means— 
‘‘(A) the use of a weapon; 
‘‘(B) the use of such physical strength or violence as 
is sufficient to overcome, restrain, or injure a child; or 
‘‘(C) inflicting physical harm. 
In the case of a parent-child or similar relationship, the use 
or abuse of parental or similar authority is sufficient to con-
stitute the use of force. 
‘‘(3) THREATENING OR PLACING THAT CHILD IN FEAR.—The 
term ‘threatening or placing that child in fear’ means a commu-
nication or action that is of sufficient consequence to cause 
the child to fear that non-compliance will result in the child 
or another person being subjected to the action contemplated 
by the communication or action. 
‘‘(4) CHILD.—The term ‘child’ means any person who has 
not attained the age of 16 years. 
‘‘(5) LEWD ACT.—The term ‘lewd act’ means— 
‘‘(A) any sexual contact with a child; 
‘‘(B) intentionally exposing one’s genitalia, anus, but-
tocks, or female areola or nipple to a child by any means, 
including via any communication technology, with an intent 
to abuse, humiliate, or degrade any person, or to arouse 
or gratify the sexual desire of any person; 
‘‘(C) intentionally communicating indecent language to 
a child by any means, including via any communication 
technology, with an intent to abuse, humiliate, or degrade 
any person, or to arouse or gratify the sexual desire of 
any person; or 
‘‘(D) any indecent conduct, intentionally done with or 
in the presence of a child, including via any communication 
technology, that amounts to a form of immorality relating 
to sexual impurity which is grossly vulgar, obscene, and 
repugnant to common propriety, and tends to excite sexual 
desire or deprave morals with respect to sexual relations.’’. 
(c) OTHER SEXUAL MISCONDUCT.—Such chapter (the Uniform 
Code of Military Justice) is further amended by inserting after 
section 920b (article 120b), as added by subsection (b), the following 
new section: 
‘‘§ 920c. Art. 120c. Other sexual misconduct 
‘‘(a) INDECENT
VIEWING, VISUAL
RECORDING, 
OR
BROAD-
CASTING.—Any person subject to this chapter who, without legal 
justification or lawful authorization— 
‘‘(1) knowingly and wrongfully views the private area of 
another person, without that other person’s consent and under 
circumstances in which that other person has a reasonable 
expectation of privacy; 
‘‘(2) knowingly photographs, videotapes, films, or records 
by any means the private area of another person, without 
that other person’s consent and under circumstances in which 
that other person has a reasonable expectation of privacy; or 
‘‘(3) knowingly broadcasts or distributes any such recording 
that the person knew or reasonably should have known was 
made under the circumstances proscribed in paragraphs (1) 
and (2); 
is guilty of an offense under this section and shall be punished 
as a court-martial may direct.
H. R. 1540—113 
‘‘(b) FORCIBLE PANDERING.—Any person subject to this chapter 
who compels another person to engage in an act of prostitution 
with any person is guilty of forcible pandering and shall be punished 
as a court-martial may direct. 
‘‘(c) INDECENT EXPOSURE.—Any person subject to this chapter 
who intentionally exposes, in an indecent manner, the genitalia, 
anus, buttocks, or female areola or nipple is guilty of indecent 
exposure and shall by punished as a court-martial may direct. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) ACT OF PROSTITUTION.—The term ‘act of prostitution’ 
means a sexual act or sexual contact (as defined in section 
920(g) of this title (article 120(g))) on account of which anything 
of value is given to, or received by, any person. 
‘‘(2) PRIVATE
AREA.—The term ‘private area’ means the 
naked or underwear-clad genitalia, anus, buttocks, or female 
areola or nipple. 
‘‘(3) REASONABLE
EXPECTATION
OF
PRIVACY.—The term 
‘under circumstances in which that other person has a reason-
able expectation of privacy’ means— 
‘‘(A) circumstances in which a reasonable person would 
believe that he or she could disrobe in privacy, without 
being concerned that an image of a private area of the 
person was being captured; or 
‘‘(B) circumstances in which a reasonable person would 
believe that a private area of the person would not be 
visible to the public. 
‘‘(4) BROADCAST.—The term ‘broadcast’ means to electroni-
cally transmit a visual image with the intent that it be viewed 
by a person or persons. 
‘‘(5) DISTRIBUTE.—The term ‘distribute’ means delivering 
to the actual or constructive possession of another, including 
transmission by electronic means. 
‘‘(6) INDECENT
MANNER.—The term ‘indecent manner’ 
means conduct that amounts to a form of immorality relating 
to sexual impurity which is grossly vulgar, obscene, and repug-
nant to common propriety, and tends to excite sexual desire 
or deprave morals with respect to sexual relations.’’. 
(d) CONFORMING AMENDMENTS.—Chapter 47 of such title (the 
Uniform Code of Military Justice) is further amended as follows: 
(1) STATUTE OF LIMITATIONS.—Subparagraph (B) of section 
843(b)(2) (article 43(b)(2)) is amended— 
(A) in clause (i), by striking ‘‘section 920 of this title 
(article 120)’’ and inserting ‘‘section 920, 920a, 920b, or 
920c of this title (article 120, 120a, 120b, or 120c)’’; and 
(B) in clause (v)— 
(i) by striking ‘‘indecent assault’’; and 
(ii) by striking ‘‘or liberties with a child’’. 
(2) MURDER.—Paragraph (4) of section 918 (article 118) 
is amended by striking ‘‘aggravated sexual assault,’’ and all 
that follows through ‘‘with a child,’’ and inserting ‘‘sexual 
assault, sexual assault of a child, aggravated sexual contact, 
sexual abuse of a child,’’. 
(e) CLERICAL AMENDMENTS.—The table of sections at the begin-
ning of subchapter X of such chapter (the Uniform Code of Military 
Justice) is amended by striking the items relating to sections 920
H. R. 1540—114 
and 920a (articles 120 and 120a) and inserting the following new 
items: 
‘‘920. 120. Rape and sexual assault generally. 
‘‘920a. 120a. Stalking. 
‘‘920b. 120b. Rape and sexual assault of a child. 
‘‘920c. 120c. Other sexual misconduct.’’. 
(f) EFFECTIVE DATE.—The amendments made by this section 
shall take effect 180 days after the date of the enactment of this 
Act and shall apply with respect to offenses committed on or after 
such effective date. 
SEC. 542. AUTHORITY TO COMPEL PRODUCTION OF DOCUMENTARY 
EVIDENCE. 
(a) EFFECT OF REFUSAL TO APPEAR OR TESTIFY.—Section 847 
of title 10, United States Code (article 47 of the Uniform Code 
of Military Justice), is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘board;’’ and inserting 
‘‘board, or has been duly issued a subpoena duces tecum 
for an investigation pursuant to section 832(b) of this title 
(article 32(b));’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘duly paid or tendered the fees 
and mileage of a witness’’ and inserting ‘‘provided a 
means for reimbursement from the Government for 
fees and mileage’’; and 
(ii) by inserting before the semicolon the following: 
‘‘or, in the case of extraordinary hardship, is advanced 
such fees and mileage’’; and 
(2) in subsection (c), by striking ‘‘or board’’ and inserting 
‘‘board, or convening authority’’. 
(b) TECHNICAL AMENDMENTS.—Subsection (a) of such section 
is further amended by striking ‘‘subpenaed’’ both places it appears 
and inserting ‘‘subpoenaed’’. 
(c) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall apply with respect to subpoenas issued after the date 
of the enactment of this Act. 
SEC. 543. CLARIFICATION OF APPLICATION AND EXTENT OF DIRECT 
ACCEPTANCE OF GIFTS AUTHORITY. 
Section 2601a of title 10, United States Code, is amended— 
(1) in subsection (b)— 
(A) by striking ‘‘or’’ at the end of paragraph (1); 
(B) by redesignating paragraph (2) as paragraph (3); 
and 
(C) by inserting after paragraph (1) the following new 
paragraph: 
‘‘(2) in an operation or area designated as a combat oper-
ation or a combat zone, respectively, by the Secretary of Defense 
in accordance with the regulations prescribed under subsection 
(a); or’’; 
(2) in subsection (c), by striking ‘‘paragraph (1) or (2) of 
subsection (c)’’ and inserting ‘‘paragraph (1), (2) or (3) of sub-
section (b)’’; and 
(3) by adding at the end the following new subsection: 
‘‘(e) APPLICATION OF CERTAIN REGULATIONS.—To the extent pro-
vided in the regulations issued under subsection (a) to implement
H. R. 1540—115 
subsection (b)(2), the regulations shall apply to the acceptance 
of gifts received after the date of the enactment of the National 
Defense Authorization Act for Fiscal Year 2012 for injuries or 
illnesses incurred on or after September 11, 2001.’’. 
SEC. 544. FREEDOM OF CONSCIENCE OF MILITARY CHAPLAINS WITH 
RESPECT TO THE PERFORMANCE OF MARRIAGES. 
A military chaplain who, as a matter of conscience or moral 
principle, does not wish to perform a marriage may not be required 
to do so. 
Subtitle E—Member Education and Train-
ing Opportunities and Administration 
SEC. 551. EMPLOYMENT SKILLS TRAINING FOR MEMBERS OF THE 
ARMED 
FORCES 
ON 
ACTIVE 
DUTY 
WHO 
ARE 
TRANSITIONING TO CIVILIAN LIFE. 
Section 1143 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
‘‘(e) EMPLOYMENT SKILLS TRAINING.—(1) The Secretary of a 
military department may carry out one or more programs to provide 
eligible members of the armed forces under the jurisdiction of 
the Secretary with job training and employment skills training, 
including apprenticeship programs, to help prepare such members 
for employment in the civilian sector. 
‘‘(2) A member of the armed forces is an eligible member for 
purposes of a program under this subsection if the member— 
‘‘(A) has completed at least 180 days on active duty in 
the armed forces; and 
‘‘(B) is expected to be discharged or released from active 
duty in the armed forces within 180 days of the date of 
commencement of participation in such a program. 
‘‘(3) Any program under this subsection shall be carried out 
in accordance with regulations prescribed by the Secretary of 
Defense.’’. 
SEC. 552. ENHANCEMENT OF AUTHORITIES ON JOINT PROFESSIONAL 
MILITARY EDUCATION. 
(a) AUTHORITY
TO
CREDIT
MILITARY
GRADUATES
OF
THE 
NATIONAL DEFENSE INTELLIGENCE COLLEGE WITH COMPLETION OF 
JPME PHASE I.— 
(1) JOINT PROFESSIONAL MILITARY EDUCATION PHASE I.— 
Section 2154(a)(1) of title 10, United States Code, is amended 
by inserting ‘‘or at a joint intermediate level school’’ before 
the period at the end. 
(2) JOINT INTERMEDIATE LEVEL SCHOOL DEFINED.—Section 
2151(b) of such title is amended by adding at the end the 
following new paragraph: 
‘‘(3) The term ‘joint intermediate level school’ includes the 
National Defense Intelligence College.’’. 
(b) PILOT PROGRAM
ON JPME PHASE II ON OTHER-THAN-IN 
RESIDENCE BASIS.— 
(1) PILOT PROGRAM AUTHORIZED.—The Secretary of Defense 
may carry out a pilot program to assess the feasibility and 
advisability of offering a program of instruction for Phase II
H. R. 1540—116 
joint professional military education (JPME II) on an other 
than in-residence basis. 
(2) LOCATION.—The pilot program authorized by this sub-
section shall be carried out at the headquarters of not more 
than two combatant commands selected by the Secretary for 
purposes of the pilot program. 
(3) PROGRAM OF INSTRUCTION.—The program of instruction 
offered under the pilot program authorized by this subsection 
shall meet the requirements of section 2155 of title 10, United 
States Code. 
(4) REPORT.—Not later than one year before completion 
of the pilot program authorized by this subsection, the Secretary 
shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report on the pilot program. 
The report shall include the following: 
(A) The number of students enrolled at each location 
under the pilot program. 
(B) The number of students who successfully completed 
the program of instruction under the pilot program and 
were awarded credit for Phase II joint professional military 
education. 
(C) The assessment of the Secretary regarding the 
feasibility and advisability of expanding the pilot program 
to the headquarters of additional combatant commands, 
or of making the pilot program permanent, and a statement 
of the legislative or administrative actions required to 
implement such assessment. 
(5) SUNSET.—The authority in this subsection to carry out 
the pilot program shall expire on the date that is five years 
after the date of the enactment of this Act. 
SEC. 553. TEMPORARY AUTHORITY TO WAIVE MAXIMUM AGE LIMITA-
TION ON ADMISSION TO THE MILITARY SERVICE ACAD-
EMIES. 
(a) WAIVER FOR CERTAIN ENLISTED MEMBERS.—The Secretary 
of the military department concerned may waive the maximum 
age limitation specified in section 4346(a), 6958(a)(1), or 9346(a) 
of title 10, United States Code, for the admission of an enlisted 
member of the Armed Forces to the United States Military 
Academy, the United States Naval Academy, or the United States 
Air Force Academy if the member— 
(1) satisfies the eligibility requirements for admission to 
that academy (other than the maximum age limitation); and 
(2) was or is prevented from being admitted to a military 
service academy before the member reached the maximum 
age specified in such sections as a result of service on active 
duty in a theater of operations for Operation Iraqi Freedom, 
Operation Enduring Freedom, or Operation New Dawn. 
(b) MAXIMUM AGE FOR RECEIPT OF WAIVER.—A waiver may 
not be granted under this section if the candidate would pass 
the candidate’s twenty-sixth birthday by July 1 of the year in 
which the candidate would enter the military service academy 
pursuant to the waiver. 
(c) LIMITATION
ON NUMBER ADMITTED USING WAIVER.—Not 
more than five candidates may be admitted to each of the military 
service academies for an academic year pursuant to a waiver 
granted under this section.
H. R. 1540—117 
(d) RECORD KEEPING REQUIREMENT.—The Secretary of each 
military department shall maintain records on the number of grad-
uates of the military service academy under the jurisdiction of 
the Secretary who are admitted pursuant to a waiver granted 
under this section and who remain in the Armed Forces beyond 
the active duty service obligation assumed upon graduation. The 
Secretary shall compare their retention rate to the retention rate 
of graduates of that academy generally. 
(e) REPORTS.—Not later than April 1, 2016, the Secretary of 
each military department shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report 
specifying— 
(1) the number of applications for waivers received by 
the Secretary under this section; 
(2) the number of waivers granted by the Secretary under 
this section; 
(3) the number of candidates actually admitted to the mili-
tary service academy under the jurisdiction of the Secretary 
pursuant to a waiver granted by the Secretary under this 
section; and 
(4) beginning with the class of 2009, the number of grad-
uates of the military service academy under the jurisdiction 
of the Secretary who, before admission to that academy, were 
enlisted members of the Armed Forces and who remain in 
the Armed Forces beyond the active duty service obligation 
assumed upon graduation. 
(f) DURATION OF WAIVER AUTHORITY.—The authority to grant 
a waiver under this section expires on September 30, 2016. 
SEC. 554. ENHANCEMENT OF ADMINISTRATION OF THE UNITED 
STATES AIR FORCE INSTITUTE OF TECHNOLOGY. 
(a) IN GENERAL.—Chapter 901 of title 10, United States Code, 
is amended by inserting after section 9314a the following new 
section: 
‘‘§ 9314b. United States Air Force Institute of Technology: 
administration 
‘‘(a) COMMANDANT.— 
‘‘(1) SELECTION.—The Commandant of the United States 
Air Force Institute of Technology shall be selected by the Sec-
retary of the Air Force. 
‘‘(2) ELIGIBILITY.—The Commandant shall be one of the 
following: 
‘‘(A) An officer of the Air Force on active duty in 
a grade not below the grade of colonel who possesses such 
qualifications as the Secretary considers appropriate and 
is assigned or detailed to such position. 
‘‘(B) A member of the Senior Executive Service or a 
civilian individual, including an individual who was retired 
from the Air Force in a grade not below brigadier general, 
who has the qualifications appropriate for the position of 
Commandant and is selected by the Secretary as the best 
qualified from among candidates for the position in accord-
ance with a process and criteria determined by the Sec-
retary. 
‘‘(3) TERM
FOR
CIVILIAN
COMMANDANT.—An individual 
selected for the position of Commandant under paragraph (2)(B)
H. R. 1540—118 
shall serve in that position for a term of not more than five 
years and may be continued in that position for an additional 
term of up to five years. 
‘‘(b) PROVOST AND ACADEMIC DEAN.— 
‘‘(1) IN GENERAL.—There is established at the United States 
Air Force Institute of Technology the civilian position of Provost 
and Academic Dean who shall be appointed by the Secretary. 
‘‘(2) TERM.—An individual appointed to the position of Pro-
vost and Academic Dean shall serve in that position for a 
term of five years. 
‘‘(3) COMPENSATION.—The individual serving as Provost and 
Academic Dean is entitled to such compensation for such service 
as the Secretary shall prescribe for purposes of this section, 
but not more than the rate of compensation authorized for 
level IV of the Executive Schedule.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 901 of such title is amended by inserting after 
the item relating to section 9314a the following new item: 
‘‘9314b. United States Air Force Institute of Technology: administration.’’. 
SEC. 555. ENROLLMENT OF CERTAIN SERIOUSLY WOUNDED, ILL, OR 
INJURED FORMER OR RETIRED ENLISTED MEMBERS OF 
THE ARMED FORCES IN ASSOCIATE DEGREE PROGRAMS 
OF THE COMMUNITY COLLEGE OF THE AIR FORCE IN 
ORDER TO COMPLETE DEGREE PROGRAM. 
(a) IN GENERAL.—Section 9315 of title 10, United States Code, 
is amended— 
(1) by redesignating subsection (c) as subsection (d); and 
(2) by inserting after subsection (b) the following new sub-
section (c): 
‘‘(c) SERIOUSLY
WOUNDED, ILL, OR
INJURED
FORMER
AND 
RETIRED ENLISTED MEMBERS.—(1) The Secretary of the Air Force 
may authorize participation in a program of higher education under 
subsection (a)(1) by a person who is a former or retired enlisted 
member of the armed forces who at the time of the person’s separa-
tion from active duty— 
‘‘(A) had commenced but had not completed a program 
of higher education under subsection (a)(1); and 
‘‘(B) is categorized by the Secretary concerned as seriously 
wounded, ill, or injured. 
‘‘(2) For purposes of this subsection, a person who may be 
categorized as seriously wounded, ill, or injured is a person with 
a serious injury or illness (as that term is defined in section 1602(8) 
of the Wounded Warrior Act (title XVI of Public Law 110–181; 
10 U.S.C. 1071 note)). 
‘‘(3) A person may not be authorized under paragraph (1) to 
participate in a program of higher education after the end of the 
10-year period beginning on the date of the person’s separation 
from active duty. 
‘‘(4) The Secretary may not pay the tuition for participation 
in a program of higher education under subsection (a)(1) of a 
person participating in such program pursuant to an authorization 
under paragraph (1).’’. 
(b) CONFORMING AMENDMENTS.—Subsection (d) of such section, 
as redesignated by subsection (a)(1), is amended by striking 
‘‘enlisted member’’ both places it appears and inserting ‘‘person’’.
H. R. 1540—119 
(c) EFFECTIVE DATE.—Subsection (c) of section 9315 of title 
10, United States Code (as added by subsection (a)(2)), shall apply 
to persons covered by paragraph (1) of such subsection who are 
categorized by the Secretary concerned as seriously wounded, ill, 
or injured after September 11, 2001. With respect to any such 
person who is separated from active duty during the period begin-
ning on September 12, 2001, and ending on the date of the enact-
ment of this Act, the 10-year period specified in paragraph (3) 
of such subsection shall be deemed to commence on the date of 
the enactment of this Act. 
SEC. 556. RESERVE COMPONENT MENTAL HEALTH STUDENT STIPEND. 
(a) RESERVE COMPONENT MENTAL HEALTH STUDENT STIPEND.— 
Section 16201 of title 10, United States Code, is amended— 
(1) by redesignating subsection (f) as subsection (g); and 
(2) by inserting after subsection (e) the following new sub-
section (f): 
‘‘(f) MENTAL HEALTH PROFESSIONALS
IN CRITICAL WARTIME 
SPECIALTIES.—(1) Under the stipend program under this chapter, 
the Secretary of the military department concerned may enter into 
an agreement with a person who— 
‘‘(A) is eligible to be appointed as an officer in a reserve 
component; 
‘‘(B) is enrolled or has been accepted for enrollment in 
an institution in a course of study that results in a degree 
in clinical psychology or social work; 
‘‘(C) signs an agreement that, unless sooner separated, 
the person will— 
‘‘(i) complete the educational phase of the program; 
‘‘(ii) accept a reappointment or redesignation within 
the person’s reserve component, if tendered, based upon 
the person’s health profession, following satisfactory 
completion of the educational and intern programs; and 
‘‘(iii) participate in a residency program if required 
for clinical licensure in a mental health profession skill; 
and 
‘‘(D) if required by regulations prescribed by the Secretary 
of Defense, agrees to apply for, if eligible, and accept, if offered, 
residency training in a mental health profession skill that 
has been designated by the Secretary as a critically needed 
wartime skill. 
‘‘(2) Under the agreement— 
‘‘(A) the Secretary of the military department concerned 
shall agree to pay the participant a stipend, in the amount 
determined under subsection (g), for the period or the remainder 
of the period that the student is satisfactorily progressing 
toward a degree in clinical psychology or social work while 
enrolled in a school accredited in the designated mental health 
discipline; 
‘‘(B) the participant shall not be eligible to receive such 
stipend before appointment, designation, or assignment as an 
officer for service in the Selected Reserve; 
‘‘(C) the participant shall be subject to such active duty 
requirements as may be specified in the agreement and to 
active duty in time of war or national emergency as provided 
by law for members of the Selected Reserve; and
H. R. 1540—120 
‘‘(D) the participant shall agree to serve, upon successful 
completion of the program, one year in the Selected Reserve 
for each six months, or part thereof, for which the stipend 
is provided.’’. 
(b) CONFORMING
AMENDMENTS.—Such section is further 
amended— 
(1) in subsections (b)(2)(A), (c)(2)(A), and (d)(2)(A), by 
striking ‘‘subsection (f)’’ and inserting ‘‘subsection (g)’’; and 
(2) in subsection (g), as redesignated by subsection (a)(1) 
of this section, by striking ‘‘subsection (b) or (c)’’ and inserting 
‘‘subsection (b), (c), or (f)’’. 
SEC. 557. FISCAL YEAR 2012 ADMINISTRATION AND REPORT ON THE 
TROOPS-TO-TEACHERS PROGRAM. 
(a) FISCAL YEAR 2012 ADMINISTRATION.—Notwithstanding sec-
tion 2302(c) of the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6672(c)), the Secretary of Defense may administer 
the Troops-to-Teachers Program during fiscal year 2012. Amounts 
authorized to be appropriated for the Department of Defense by 
this Act shall be available to the Secretary of Defense for that 
purpose. 
(b) REPORT.—Not later than April 1, 2012, the Secretary of 
Defense and the Secretary of Education shall jointly submit to 
the appropriate committees of Congress a report on the Troops- 
to-Teachers Program. The report shall include the following: 
(1) A summary of the funding of the Troops-to-Teachers 
Program since its inception and projected funding of the pro-
gram during the period covered by the future-years defense 
program submitted to Congress during 2011. 
(2) The number of past participants in the Troops-to- 
Teachers Program by year, the number of past participants 
who have fulfilled, and have not fulfilled, their service obliga-
tion under the program, and the number of waivers of such 
obligations (and the reasons for such waivers). 
(3) A discussion and assessment of the current and antici-
pated effects of recent economic circumstances in the United 
States, and cuts nationwide in State and local budgets, on 
the ability of participants in the Troops-to-Teachers Program 
to obtain teaching positions. 
(4) A discussion of the youth education goals in the Troops- 
to-Teachers Program and the record of the program to date 
in producing teachers in high-need and other eligible schools. 
(5) An assessment of the extent to which the Troops-to- 
Teachers Program achieves its purpose as a military transition 
assistance program and, in particular, as transition assistance 
program for members of the Armed Forces who are nearing 
retirement or who are voluntarily or involuntarily separating 
from military service. 
(6) An assessment of the performance of the Troops-to- 
Teachers Program in providing qualified teachers to high-need 
public schools, and reasons for expanding the program to addi-
tional school districts. 
(7) A discussion and assessment of the advisability of the 
administration of the Troops-to-Teachers Program by the 
Department of Education in consultation with the Department 
of Defense. 
(c) DEFINITIONS.—In this section:
H. R. 1540—121 
(1) APPROPRIATE
COMMITTEES
OF
CONGRESS.—The term 
‘‘appropriate committees of Congress’’ means— 
(A) the Committees on Armed Services and Health, 
Education, Labor, and Pensions of the Senate; and 
(B) the Committees on Armed Services and Education 
and the Workforce of the House of Representatives. 
(2) TROOPS-TO-TEACHERS PROGRAM.—The term ‘‘Troops-to- 
Teachers Program’’ means the Troops-to-Teachers Program 
authorized by 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.). 
SEC. 558. PILOT PROGRAM ON RECEIPT OF CIVILIAN CREDENTIALING 
FOR SKILLS REQUIRED FOR MILITARY OCCUPATIONAL 
SPECIALTIES. 
(a) PILOT PROGRAM REQUIRED.—Commencing not later than 
nine months after the date of the enactment of this Act, the Sec-
retary of Defense shall carry out a pilot program to assess the 
feasibility and advisability of permitting enlisted members of the 
Armed Forces to obtain civilian credentialing or licensing for skills 
required for military occupational specialties (MOS) or qualification 
for duty specialty codes. 
(b) ELEMENTS.—In carrying out the pilot program, the Secretary 
shall— 
(1) designate not less than three or more than five military 
occupational specialities or duty speciality codes for coverage 
under the pilot program; and 
(2) permit enlisted members of the Armed Forces to obtain 
the credentials or licenses required for the specialities or codes 
so designated through civilian credentialing or licensing enti-
ties, institutions, or bodies selected by the Secretary for pur-
poses of the pilot program, whether concurrently with military 
training, at the completion of military training, or both. 
(c) DURATION.—The Secretary shall complete the pilot program 
by not later than five years after the date of the commencement 
of the pilot program. 
(d) REPORT.—Not later than one year after commencement 
of the pilot program, the Secretary shall submit to Congress a 
report on the pilot program. The report shall set forth the following: 
(1) The number of enlisted members who participated in 
the pilot program. 
(2) A description of the costs incurred by the Department 
of Defense in connection with the receipt by members of 
credentialing or licensing under the pilot program. 
(3) A comparison of the cost associated with receipt by 
members of credentialing or licensing under the pilot program 
with the cost of receipt of similar credentialing or licensing 
by recently-discharged veterans of the Armed Forces under 
programs currently operated by the Department of Veterans 
Affairs and the Department of Labor. 
(4) The recommendation of the Secretary as to the feasi-
bility and advisability of expanding the pilot program to addi-
tional military occupational specialties or duty specialty codes, 
and, if such expansion is considered feasible and advisable, 
a list of the military occupational specialties and duty specialty 
codes recommended for inclusion in the expansion.
H. R. 1540—122 
SEC. 559. REPORT ON CERTAIN EDUCATION ASSISTANCE PROGRAMS. 
(a) REPORT REQUIRED.—Not later than 180 days after the date 
of enactment of this Act, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and House 
of Representatives a report on methods to increase the efficiency 
of the education assistance programs under sections 1784a and 
2007 of title 10, United States Code. 
(b) ELEMENTS.—The report required by subsection (a) shall 
include the following: 
(1) A description of the effect of the programs on recruiting 
and retention within the Armed Forces. 
(2) An analysis of other programs that provide benefits 
similar to those provided through the programs, including the 
use of education assistance programs under chapters 30 and 
33 of title 38, United States Code, for education and training 
pursued by members of the Armed Forces serving on active 
duty while they are off-duty. 
(3) A description of the effects of modifying the programs 
to require members of the Armed Forces and dependents 
participating in the programs to pay an appropriate percentage 
of their education expenses with the Secretary of the military 
department concerned paying the remaining percentage of such 
expenses, with the intent of ensuring that members and their 
dependents give due consideration to their educational needs 
before enrolling in the programs. 
(4) A description of the costs of the programs to the Depart-
ment of Defense, including the following elements for each 
institution of higher education that received funds under the 
programs during any of fiscal years 2009, 2010, 2011: 
(A) The name and location of the institution of higher 
education. 
(B) Whether the institution is a public, non-profit, or 
for-profit institution. 
(C) The amount of funds received by the institution 
in each such fiscal year. 
(D) The number of members of the Armed Forces and 
dependents who received education at the institution 
during each such fiscal year. 
(E) The average amount of funds members and depend-
ents received under the programs. 
(5) A description of the education outcomes for members 
of the Armed Forces and dependents participating in the pro-
gram during fiscal years, 2009, 2010, 2011, including the fol-
lowing: 
(A) Credit accumulation. 
(B) Completion of education on-time or within 150 
percent of on-time. 
(C) Completion of a degree. 
(D) Loan defaults, if applicable. 
(6) A description of the feasibility and desirability of 
requiring institutions of higher learning, as a requirement for 
participation in the programs, to report to the Secretary of 
Defense, as well as disclose, provide, and make publicly avail-
able through electronic or other means to members of the 
Armed Forces participating in the programs, the following 
information about their programs prior to enrollment:
H. R. 1540—123 
(A) When applicable, qualifications for examination, 
certification, or licensure required as a precondition for 
employment in the occupation or skill for which the pro-
gram is represented to prepare the student, and whether 
the program meets those requirements. 
(B) The normal and average time to completion of 
the program. Normal time to completion means the amount 
of time it would take a full-time student to complete the 
program. 
(C) The completion, graduation, and dropout rates of 
students for the institution. 
(D) Information concerning average student indebted-
ness for each program resulting from Federal, private, and 
institutional loans. 
(E) Whether the institution participates, or is eligible 
to participate, under in financial aid programs under title 
IV of the Higher Education Act of 1965. 
Subtitle F—Armed Forces Retirement 
Home 
SEC. 561. CONTROL AND ADMINISTRATION BY SECRETARY OF 
DEFENSE. 
Section 1511(d) of the Armed Forces Retirement Home Act 
of 1991 (24 U.S.C. 411(d)) is amended by adding at the end the 
following new paragraph: 
‘‘(3) The administration of the Retirement Home, including 
administration for the provision of health care and medical care 
for residents, shall remain under the control and administration 
of the Secretary of Defense.’’. 
SEC. 562. SENIOR MEDICAL ADVISOR OVERSIGHT OF HEALTH CARE 
PROVIDED TO RESIDENTS OF ARMED FORCES RETIRE-
MENT HOME. 
(a) ADVISORY RESPONSIBILITIES OF SENIOR MEDICAL ADVISOR.— 
Subsection (b) of section 1513A of the Armed Forces Retirement 
Home Act of 1991 (24 U.S.C. 413a) is amended— 
(1) by striking ‘‘(1) The’’; and inserting ‘‘The’’; 
(2) by striking paragraph (2); and 
(3) by striking ‘‘and the Chief Operating Officer’’ and all 
that follows through the period at the end and inserting the 
following: ‘‘the Chief Operating Officer, and the Advisory 
Council regarding the direction and oversight of— 
‘‘(1) medical administrative matters at each facility of the 
Retirement Home; and 
‘‘(2) the provision of medical care, preventive mental health, 
and dental care services at each facility of the Retirement 
Home.’’. 
(b) RELATED DUTIES.—Subsection (c) of such section is amended 
by striking paragraphs (3), (4), and (5) and inserting the following 
new paragraphs: 
‘‘(3) Periodically visit each facility of the Retirement Home 
to review— 
‘‘(A) the medical facilities, medical operations, medical 
records and reports, and the quality of care provided to 
residents; and
H. R. 1540—124 
‘‘(B) inspections and audits to ensure that appropriate 
follow-up regarding issues and recommendations raised by 
such inspections and audits has occurred. 
‘‘(4) Report on the findings and recommendations developed 
as a result of each review conducted under paragraph (3) to 
the Chief Operating Officer, the Advisory Council, and the 
Under Secretary of Defense for Personnel and Readiness.’’. 
SEC. 563. ESTABLISHMENT OF ARMED FORCES RETIREMENT HOME 
ADVISORY COUNCIL AND RESIDENT ADVISORY COMMIT-
TEES. 
(a) REPLACEMENT OF LOCAL BOARDS OF TRUSTEES.—The Armed 
Forces Retirement Home Act of 1991 (24 U.S.C. 416) is amended 
by striking section 1516 and inserting the following new sections: 
‘‘SEC. 1516. ADVISORY COUNCIL. 
‘‘(a) ESTABLISHMENT.—The Retirement Home shall have an 
Advisory Council, to be known as the ‘Armed Forces Retirement 
Home Advisory Council’. The Advisory Council shall serve the 
interests of both facilities of the Retirement Home. 
‘‘(b) DUTIES.—(1) The Advisory Council shall provide to the 
Chief Operating Officer and the Administrator of each facility such 
guidance and recommendations on the administration of the Retire-
ment Home and the quality of care provided to residents as the 
Advisory Council considers appropriate. 
‘‘(2) Not less often than annually, the Advisory Council shall 
submit to the Secretary of Defense a report summarizing its activi-
ties during the preceding year and providing such observations 
and recommendations with respect to the Retirement Home as 
the Advisory Council considers appropriate. 
‘‘(3) In carrying out its functions, the Advisory Council shall— 
‘‘(A) provide for participation in its activities by a represent-
ative of the Resident Advisory Committee of each facility of 
the Retirement Home; and 
‘‘(B) make recommendations to the Inspector General of 
the Department of Defense regarding issues that the Inspector 
General should investigate. 
‘‘(c) COMPOSITION.—(1) The Advisory Council shall consist of 
at least 15 members, each of whom shall be a full or part-time 
Federal employee or a member of the Armed Forces. 
‘‘(2) Members of the Advisory Council shall be designated by 
the Secretary of Defense, except that an individual who is not 
an employee of the Department of Defense shall be designated, 
in consultation with the Secretary of Defense, by the head of the 
Federal department or agency that employs the individual. 
‘‘(3) The Advisory Council shall include the following members: 
‘‘(A) One member who is an expert in nursing home or 
retirement home administration and financing. 
‘‘(B) One member who is an expert in gerontology. 
‘‘(C) One member who is an expert in financial manage-
ment. 
‘‘(D) Two representatives of the Department of Veterans 
Affairs, one to be designated from each of the regional offices 
nearest in proximity to the facilities of the Retirement Home. 
‘‘(E) The Chairpersons of the Resident Advisory Commit-
tees. 
‘‘(F) One enlisted representative of the Services’ Retiree 
Advisory Council.
H. R. 1540—125 
‘‘(G) The senior noncommissioned officer of one of the 
Armed Forces. 
‘‘(H) Two senior representatives of military medical treat-
ment facilities, one to be designated from each of the military 
hospitals nearest in proximity to the facilities of the Retirement 
Home. 
‘‘(I) One senior judge advocate from one of the Armed 
Forces. 
‘‘(J) One senior representative of one of the chief personnel 
officers of the Armed Forces. 
‘‘(K) Such other members as the Secretary of Defense may 
designate. 
‘‘(4) The Administrator of the each facility of the Retirement 
Home shall be a nonvoting member of the Advisory Council. 
‘‘(5) The Secretary of Defense shall designate one member of 
the Advisory Council to serve as the Chairperson of the Advisory 
Council. The Chairperson shall conduct the meetings of the Advisory 
Council. 
‘‘(d) TERM OF SERVICE.—(1) Except as provided in paragraphs 
(2), (3), and (4), the term of service of a member of the Advisory 
Council shall be two years. The Secretary of Defense may designate 
a member to serve one additional term. 
‘‘(2) Unless earlier terminated by the Secretary of Defense, 
a person may continue to serve as a member of the Advisory 
Council after the expiration of the member’s term until a successor 
is designated. 
‘‘(3) The Secretary of Defense may terminate the term of service 
of a member of the Advisory Council before the expiration of the 
member’s term. 
‘‘(4) A member of the Advisory Council serves as a member 
of the Advisory Council only for as long as the member is assigned 
to or serving in a position for which the duties include the duty 
to serve as a member of the Advisory Council. 
‘‘(e) VACANCIES.—A vacancy in the Advisory Council shall be 
filled in the manner in which the original designation was made. 
A member designated to fill a vacancy occurring before the end 
of the term of the predecessor shall be designated for the remainder 
of the term of the predecessor. A vacancy in the Advisory Council 
shall not affect its authority to perform its duties. 
‘‘(f) COMPENSATION.—(1) Except as provided in paragraph (2), 
a member of the Advisory Council shall— 
‘‘(A) be provided a stipend consistent with the daily govern-
ment consultant fee for each day on which the member is 
engaged in the performance of services for the Advisory Council; 
and 
‘‘(B) while away from home or regular place of business 
in the performance of services for the Advisory Council, be 
allowed travel expenses (including per diem in lieu of subsist-
ence) in the same manner as a person employed intermittently 
in Government under sections 5701 through 5707 of title 5, 
United States Code. 
‘‘(2) A member of the Advisory Council who is a member of 
the Armed Forces on active duty or a full-time officer or employee 
of the United States shall receive no additional pay by reason 
of serving as a member of the Advisory Council.
H. R. 1540—126 
‘‘SEC. 1516A. RESIDENT ADVISORY COMMITTEES. 
‘‘(a) ESTABLISHMENT AND PURPOSE.—(1) A Resident Advisory 
Committee is an elected body of residents at each facility of the 
Retirement Home established to provide a forum for all residents 
to express their needs, ideas, and interests through elected rep-
resentatives of their respective floor or area. 
‘‘(2) A Resident Advisory Committee— 
‘‘(A) serves as a forum for ideas, recommendations, and 
representation to management of that facility of the Retirement 
Home to enhance the morale, safety, health, and well-being 
of residents; and 
‘‘(B) provides a means to communicate policy and general 
information between residents and management. 
‘‘(b) ELECTION PROCESS.—The election process for the Resident 
Advisory Committee at a facility of the Retirement Home shall 
be coordinated by the facility Ombudsman. 
‘‘(c) CHAIRPERSON.—(1) The Chairperson of a Resident Advisory 
Committee shall be elected at large and serve a two-year term. 
‘‘(2) Chairpersons serve as a liaison to the Administrator and 
are voting members of the Advisory Council. Chairpersons shall 
create meeting agendas, conduct the meetings, and provide a copy 
of the minutes to the Administrator, who will forward the copy 
to the Chief Operating Officer for approval. 
‘‘(d) MEETINGS.—At a minimum, meetings of a Resident 
Advisory Committee shall be conducted quarterly.’’. 
(b) CONFORMING AMENDMENTS.— 
(1) DEFINITIONS.—Section 1502 of such Act (24 U.S.C. 401) 
is amended— 
(A) by striking paragraph (2); 
(B) by redesignating paragraph (3) as paragraph (2); 
and 
(C) by inserting after paragraph (2) (as so redesignated) 
the following new paragraphs: 
‘‘(3) The term ‘Advisory Council’ means the Armed Forces 
Retirement Home Advisory Council established under section 
1516. 
‘‘(4) The term ‘Resident Advisory Committee’ means an 
elected body of residents at a facility of the Retirement Home 
established under section 1516A.’’. 
(2) RESPONSIBILITIES OF CHIEF OPERATING OFFICER.—Sec-
tion 1515(c)(2) of such Act (24 U.S.C. 415(c)(2)) is amended 
by striking ‘‘, including the Local Boards of those facilities’’. 
(3) INSPECTION
OF
RETIREMENT
HOME.—Section 1518 of 
such Act (24 U.S.C. 418) is amended— 
(A) in subsection (b)— 
(i) in paragraph (1), by striking ‘‘Local Board for 
the facility or the resident advisory committee or 
council’’ and inserting ‘‘Advisory Council or the Resi-
dent Advisory Committee’’; and 
(ii) in paragraph (3), by striking ‘‘Local Board for 
the facility, the resident advisory committee or council’’ 
and inserting ‘‘Advisory Council, the Resident Advisory 
Committee’’; 
(B) in subsection (c)(1), by striking ‘‘Local Board for 
the facility’’ and inserting ‘‘Advisory Council’’; and 
(C) in subsection (e)(1), by striking ‘‘Local Board for 
the facility’’ and inserting ‘‘Advisory Council’’.
H. R. 1540—127 
SEC. 564. ADMINISTRATORS, OMBUDSMEN, AND STAFF OF FACILITIES. 
(a) LEADERSHIP OF FACILITIES OF THE RETIREMENT HOME.— 
Section 1517 of the Armed Forces Retirement Home Act of 1991 
(24 U.S.C. 417) is amended— 
(1) in subsection (a), by striking ‘‘a Director, a Deputy 
Director, and an Associate Director’’ and inserting ‘‘an Adminis-
trator and an Ombudsman’’; 
(2) in subsections (b) and (c)— 
(A) by striking ‘‘DIRECTOR’’ in each subsection heading 
and inserting ‘‘ADMINISTRATOR’’; and 
(B) by striking ‘‘Director’’ each place it appears and 
inserting ‘‘Administrator’’; 
(3) by striking subsections (d) and (e) and redesignating 
subsections (f), (g), (h), and (i) as subsections (d), (e), (f), and 
(g), respectively; 
(4) in subsection (d), as so redesignated— 
(A) by striking ‘‘ASSOCIATE DIRECTOR’’ in the subsection 
heading and inserting ‘‘OMBUDSMAN’’; and 
(B) by striking ‘‘Associate Director’’ in paragraphs (1) 
and (2) and inserting ‘‘Ombudsman’’; 
(5) in subsection (e), as so redesignated— 
(A) by striking ‘‘ASSOCIATE DIRECTOR.—’’ in the sub-
section heading and inserting ‘‘OMBUDSMAN.—(1)’’; 
(B) by striking ‘‘Associate Director’’ and inserting 
‘‘Ombudsman’’; 
(C) by striking ‘‘Director and Deputy Director’’ and 
inserting ‘‘Administrator’’; 
(D) by striking ‘‘Director may’’ and inserting ‘‘Adminis-
trator may’’; and 
(E) by adding at the end the following new paragraph: 
‘‘(2) The Ombudsman may provide information to the Adminis-
trator, the Chief Operating Officer, the Senior Medical Advisor, 
the Inspector General of the Department of Defense, and the Under 
Secretary of Defense for Personnel and Readiness.’’; 
(6) in subsection (f), as so redesignated, by striking 
‘‘Director’’ each place it appears and inserting ‘‘Administrator’’; 
and 
(7) in subsection (g), as so redesignated— 
(A) by striking ‘‘DIRECTORS’’ in the subsection heading 
and inserting ‘‘ADMINISTRATORS’’; 
(B) in paragraph (1), by striking ‘‘Directors’’ and 
inserting ‘‘Administrators’’; and 
(C) in paragraph (2), by striking ‘‘a Director’’ and 
inserting ‘‘an Administrator’’. 
(b) CONFORMING AMENDMENTS.— 
(1) REFERENCES TO DIRECTOR.—Sections 1511(d)(2), 1512(c), 
1514(a), 1518(b)(4), 1518(c), 1518(d)(2), 1520, 1522, and 1523(b) 
of such Act are amended by striking ‘‘Director’’ each place 
it appears and inserting ‘‘Administrator’’. 
(2) REFERENCES
TO
DIRECTORS.—Sections 1514(b) and 
1520(c) of such Act (24 U.S.C. 414(b), 420(c)) are amended 
by striking ‘‘Directors’’ and inserting ‘‘Administrators’’. 
SEC. 565. REVISION OF FEE REQUIREMENTS. 
(a) LIMITATION ON MAXIMUM MONTHLY AMOUNT OF FEES.— 
Subsection (c)(3) of section 1514 of the Armed Forces Retirement
H. R. 1540—128 
Home Act of 1991 (24 U.S.C. 414) is amended by striking the 
last sentence. 
(b) REPEAL OF FORMER TRANSITIONAL FEE STRUCTURES.—Such 
section is further amended by striking subsection (d). 
SEC. 566. REVISION OF INSPECTION REQUIREMENTS. 
Section 1518 of the Armed Forces Retirement Home Act of 
1991 (24 U.S.C. 418) is amended— 
(1) in subsection (b)(1)— 
(A) by striking ‘‘In any year in which a facility of 
the Retirement Home is not inspected by a nationally recog-
nized civilian accrediting organization,’’ and inserting ‘‘Not 
less often than once every three years,’’; 
(B) by striking ‘‘of that facility’’ and inserting ‘‘of each 
facility of the Retirement Home’’; and 
(C) by inserting ‘‘long-term care,’’ after ‘‘assisted 
living,’’; 
(2) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘45 days’’ and 
inserting ‘‘90 days’’; and 
(B) by striking paragraph (2) and inserting the fol-
lowing new paragraph: 
‘‘(2) A report submitted under paragraph (1) shall include a 
plan by the Chief Operating Officer to address the recommendations 
and other matters contained in the report.’’; and 
(3) in subsection (e)(1)— 
(A) by striking ‘‘45 days’’ and inserting ‘‘60 days’’; and 
(B) by striking ‘‘Director of the facility concerned shall 
submit to the Under Secretary of Defense for Personnel 
and Readiness, the Chief Operating Officer’’ and inserting 
‘‘Chief Operating Officer shall submit to the Under Sec-
retary of Defense for Personnel and Readiness, the Senior 
Medical Advisor’’. 
SEC. 567. REPEAL OF OBSOLETE TRANSITIONAL PROVISIONS AND 
TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS. 
(a) REPEAL OF TRANSITIONAL PROVISIONS.—Part B of the Armed 
Forces Retirement Home Act of 1991, consisting of sections 1531, 
1532, and 1533 relating to transitional provisions for the Armed 
Forces Retirement Home Board and the Directors and Deputy Direc-
tors of the facilities of the Armed Forces Retirement Home (24 
U.S.C. 431, 432, 433), is repealed. 
(b) CORRECTION
OF OBSOLETE REFERENCES
TO RETIREMENT 
HOME BOARD.— 
(1) ARMED
FORCES
RETIREMENT
HOME
ACT.—Section 
1519(a)(2) of the Armed Forces Retirement Home Act of 1991 
(24 U.S.C. 419(a)(2)) is amended by striking ‘‘Retirement Home 
Board’’ and inserting ‘‘Chief Operating Officer’’. 
(2) TITLE 10.— 
(A) DEFENSE OF CERTAIN SUITS.—Section 1089(g)(3) of 
title 10, United States Code, is amended by striking ‘‘Armed 
Forces Retirement Home Board’’ and inserting ‘‘Chief Oper-
ating Officer of the Armed Forces Retirement Home’’. 
(B) FINES AND FORFEITURES.—Section 2772(b) of title 
10, United States Code, is amended by striking ‘‘Armed 
Forces Retirement Home Board’’ and inserting ‘‘Chief Oper-
ating Officer of the Armed Forces Retirement Home’’. 
(c) SECTION HEADINGS.—
H. R. 1540—129 
(1) SECTION
1501.—The heading of section 1501 of the 
Armed Forces Retirement Home Act of 1991 (24 U.S.C. 401 
note) is amended to read as follows: 
‘‘SEC. 1501. SHORT TITLE; TABLE OF CONTENTS.’’. 
(2) SECTION 1513.—The heading of section 1513 of such 
Act (24 U.S.C. 413) is amended to read as follows: 
‘‘SEC. 1513. SERVICES PROVIDED TO RESIDENTS.’’. 
(3) SECTION 1513A.—The heading of section 1513A of such 
Act (24 U.S.C. 413a) is amended to read as follows: 
‘‘SEC. 1513A. OVERSIGHT OF HEALTH CARE PROVIDED TO RESIDENTS.’’. 
(4) SECTION 1517.—The heading of section 1517 of such 
Act (24 U.S.C. 417) is amended to read as follows: 
‘‘SEC. 1517. ADMINISTRATORS, OMBUDSMEN, AND STAFF OF FACILI-
TIES.’’. 
(5) SECTION 1518.—The heading of section 1518 of such 
Act (24 U.S.C. 418) is amended to read as follows: 
‘‘SEC. 1518. PERIODIC INSPECTION OF RETIREMENT HOME FACILITIES 
BY DEPARTMENT OF DEFENSE INSPECTOR GENERAL AND 
OUTSIDE INSPECTORS.’’. 
(6) PUNCTUATION.—The headings of sections 1512 and 1520 
of such Act (24 U.S.C. 412, 420) are amended by adding a 
period at the end. 
(d) PART A HEADER.—The heading for part A is repealed. 
(e) TABLE
OF CONTENTS.—The table of contents in section 
1501(b) of such Act is amended— 
(1) by striking the item relating to the heading for part 
A; 
(2) by striking the items relating to sections 1513 and 
1513A and inserting the following new items: 
‘‘Sec. 1513. Services provided to residents. 
‘‘Sec. 1513A. Oversight of health care provided to residents.’’; 
(3) by striking the items relating to sections 1516, 1517, 
and 1518 and inserting the following: 
‘‘Sec. 1516. Advisory Council. 
‘‘Sec. 1516A. Resident Advisory Committees. 
‘‘Sec. 1517. Administrators, Ombudsmen, and staff of facilities. 
‘‘Sec. 1518. Periodic inspection of Retirement Home facilities by Department of De-
fense Inspector General and outside inspectors.’’; and 
(4) by striking the items relating to part B (including 
the items relating to sections 1531, 1532, and 1533). 
Subtitle 
G—Defense 
Dependents’ 
Edu-
cation and Military Family Readiness 
Matters 
SEC. 571. IMPACT AID FOR CHILDREN WITH SEVERE DISABILITIES. 
Of the amount authorized to be appropriated for fiscal year 
2012 pursuant to section 301 and available for operation and 
maintenance for Defense-wide activities as specified in the funding 
table in section 4301, $5,000,000 shall be available for payments
H. R. 1540—130 
under section 363 of the Floyd D. Spence National Defense 
Authorization Act for Fiscal Year 2001 (as enacted into law by 
Public Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a). 
SEC. 572. CONTINUATION OF AUTHORITY TO ASSIST LOCAL EDU-
CATIONAL AGENCIES THAT BENEFIT DEPENDENTS OF 
MEMBERS OF THE ARMED FORCES AND DEPARTMENT OF 
DEFENSE CIVILIAN EMPLOYEES. 
(a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT NUMBERS OF 
MILITARY DEPENDENT STUDENTS.—Of the amount authorized to 
be appropriated for fiscal year 2012 by section 301 and available 
for operation and maintenance for Defense-wide activities as speci-
fied in the funding table in section 4301, $30,000,000 shall be 
available only for the purpose of providing assistance to local edu-
cational agencies under subsection (a) of section 572 of the National 
Defense Authorization Act for Fiscal Year 2006 (Public Law 109– 
163; 20 U.S.C. 7703b). 
(b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT CHANGES DUE 
TO
BASE
CLOSURES, FORCE
STRUCTURE
CHANGES, OR
FORCE 
RELOCATIONS.—Of the amount authorized to be appropriated for 
fiscal year 2012 by section 301 and available for operation and 
maintenance for Defense-wide activities as specified in the funding 
table in section 4301, $10,000,000 shall be available only for the 
purpose of providing assistance to local educational agencies under 
subsection (b) of section 572 of the National Defense Authorization 
Act for Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 7703b). 
(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this section, 
the term ‘‘local educational agency’’ has the meaning given that 
term in section 8013(9) of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7713(9)). 
SEC. 573. THREE-YEAR EXTENSION AND ENHANCEMENT OF AUTHORI-
TIES ON TRANSITION OF MILITARY DEPENDENT STU-
DENTS AMONG LOCAL EDUCATIONAL AGENCIES. 
(a) ADDITIONAL
AUTHORITIES.—Paragraph (2)(B) of section 
574(d) of the John Warner National Defense Authorization Act 
for Fiscal Year 2007 (20 U.S.C. 7703b note) is amended— 
(1) by inserting ‘‘grant assistance’’ after ‘‘To provide’’; and 
(2) by striking ‘‘including—‘‘ and all that follows and 
inserting ‘‘including programs on the following: 
‘‘(i) Access to virtual and distance learning capabilities 
and related applications. 
‘‘(ii) Training for teachers. 
‘‘(iii) Academic strategies to increase academic achieve-
ment. 
‘‘(iv) Curriculum development. 
‘‘(v) Support for practices that minimize the impact 
of transition and deployment. 
‘‘(vi) Other appropriate services to improve the aca-
demic achievement of such students.’’. 
(b) THREE-YEAR EXTENSION.—Paragraph (3) of such section is 
amended by striking ‘‘September 30, 2013’’ and inserting ‘‘Sep-
tember 30, 2016’’. 
SEC. 574. REVISION TO MEMBERSHIP OF DEPARTMENT OF DEFENSE 
MILITARY FAMILY READINESS COUNCIL. 
Subsection (b) of section 1781a of title 10, United States Code, 
is amended to read as follows:
H. R. 1540—131 
‘‘(b) MEMBERS.—(1) The Council shall consist of the following 
members: 
‘‘(A) The Under Secretary of Defense for Personnel and 
Readiness, who shall serve as chair of the Council and who 
may designate a representative to chair the council in the 
Under Secretary’s absence. 
‘‘(B) The following persons, who shall be appointed or des-
ignated by the Secretary of Defense: 
‘‘(i) One representative of each of the Army, Navy, 
Marine Corps, and Air Force, each of whom shall be a 
member of the armed force to be represented. 
‘‘(ii) One representative of the Army National Guard 
or the Air National Guard, who may be a member of 
the National Guard. 
‘‘(iii) One spouse or parent of a member of each of 
the Army, Navy, Marine Corps, and Air Force, two of 
whom shall be the spouse or parent of an active component 
member and two of whom shall be the spouse or parent 
of a reserve component member. 
‘‘(C) Three individuals appointed by the Secretary of 
Defense from among representatives of military family 
organizations, including military family organizations of fami-
lies of members of the regular components and of families 
of members of the reserve components. 
‘‘(D) The senior enlisted advisor from each of the Army, 
Navy, Marine Corps, and Air Force, except that two of these 
members may instead be selected from among the spouses 
of the senior enlisted advisors. 
‘‘(E) The Director of the Office of Community Support for 
Military Families with Special Needs. 
‘‘(2)(A) The term on the Council of the members appointed 
or designated under clauses (i) and (iii) of subparagraph (B) of 
paragraph (1) shall be two years and may be renewed by the 
Secretary of Defense. Representation on the Council under clause 
(ii) of that subparagraph shall rotate between the Army National 
Guard and Air National Guard every two years on a calendar 
year basis. 
‘‘(B) The term on the Council of the members appointed under 
subparagraph (C) of paragraph (1) shall be three years.’’. 
SEC. 575. REEMPLOYMENT RIGHTS FOLLOWING CERTAIN NATIONAL 
GUARD DUTY. 
Section 4312(c)(4) of title 38, United States Code, is amended— 
(1) in subparagraph (D), by striking ‘‘or’’ at the end; 
(2) in subparagraph (E), by striking the period at the 
end and inserting ‘‘; or’’; and 
(3) by adding at the end the following new subparagraph: 
‘‘(F) ordered to full-time National Guard duty (other 
than for training) under section 502(f)(2)(A) of title 32 
when authorized by the President or the Secretary of 
Defense for the purpose of responding to a national emer-
gency declared by the President and supported by Federal 
funds, as determined by the Secretary concerned.’’. 
SEC. 576. EXPANSION OF OPERATION HERO MILES. 
(a) EXPANDED DEFINITION OF TRAVEL BENEFIT.—Subsection (b) 
of section 2613 of title 10, United States Code, is amended to 
read as follows:
H. R. 1540—132 
‘‘(b) TRAVEL BENEFIT DEFINED.—In this section, the term ‘travel 
benefit’ means— 
‘‘(1) frequent traveler miles, credits for tickets, or tickets 
for air or surface transportation issued by an air carrier or 
a surface carrier, respectively, that serves the public; and 
‘‘(2) points or awards for free or reduced-cost accommoda-
tions issued by an inn, hotel, or other commercial establishment 
that provides lodging to transient guests.’’. 
(b) CONDITION
ON AUTHORITY TO ACCEPT DONATION.—Sub-
section (c) of such section is amended— 
(1) by striking ‘‘the air or surface carrier’’ and inserting 
‘‘the business entity referred to in subsection (b)’’; 
(2) by striking ‘‘the surface carrier’’ and inserting ‘‘the 
business entity’’; and 
(3) by striking ‘‘the carrier’’ and inserting ‘‘the business 
entity’’. 
(c) ADMINISTRATION.—Subsection (e)(3) of such section is 
amended by striking ‘‘the air carrier or surface carrier’’ and 
inserting ‘‘the business entity referred to in subsection (b)’’. 
(d) STYLISTIC AMENDMENTS.— 
(1) SECTION
HEADING.—The heading of such section is 
amended to read as follows: 
‘‘§ 2613. Acceptance of frequent traveler miles, credits, points, 
and tickets: use to facilitate rest and recuperation 
travel of deployed members and their families’’. 
(2) TABLE OF SECTIONS.—The table of sections at the begin-
ning of chapter 155 of such title is amended by striking the 
item relating to section 2613 and inserting the following new 
item: 
‘‘2613. Acceptance of frequent traveler miles, credits, points, and tickets: use to fa-
cilitate rest and recuperation travel of deployed members and their fam-
ilies.’’. 
SEC. 577. REPORT ON DEPARTMENT OF DEFENSE AUTISM PILOT AND 
DEMONSTRATION PROJECTS. 
(a) REPORT REQUIRED.—Not later than March 14, 2013, the 
Secretary of Defense shall submit to the Committees on Armed 
Services of the House of Representatives and the Senate a report 
on all pilot and demonstration projects and all other efforts being 
conducted by the Department of Defense on autism services. 
(b) MATTERS COVERED.—At a minimum, the report under sub-
section (a) shall include an assessment of the demand for autism 
treatment services by military families, including the intensity and 
volumes of use across specific diagnoses and age groups and the 
availability of qualified providers of such treatment services. 
SEC. 578. COMPTROLLER GENERAL OF THE UNITED STATES REPORT 
ON 
DEPARTMENT 
OF 
DEFENSE 
MILITARY 
SPOUSE 
EMPLOYMENT PROGRAMS. 
(a) IN GENERAL.—The Comptroller General of the United States 
shall carry out a review of all current Department of Defense 
military spouse employment programs. 
(b) ELEMENTS.—The review required by subsection (a) shall, 
address, at a minimum, the following: 
(1) All current Department of Defense military spouse 
employment programs, and the efficacy and effectiveness of 
each such program.
H. R. 1540—133 
(2) The types of military spouse employment programs 
that have been considered or used in the past by the Depart-
ment. 
(3) The ways in which military spouse employment pro-
grams have changed in recent years. 
(4) The benefits or programs that are specifically available 
to provide employment assistance to spouses of members of 
the Armed Forces serving in Operation Iraqi Freedom, Oper-
ation Enduring Freedom, or Operation New Dawn, or any other 
contingency operation being conducted by the Armed Forces 
as of the date of such review. 
(5) Existing mechanisms available to military spouses to 
express their views on the effectiveness and future direction 
of Department programs and policies on employment assistance 
for military spouses. 
(6) The oversight provided by the Office of Personnel and 
Management regarding preferences for military spouses in Fed-
eral employment. 
(7) The total funding available to the Department for each 
military spouse employment program and the amount obligated 
by the Department for each such program. 
(8) The number (or a reasonable estimate if a precise 
number is not available) of military spouses who have obtained 
employment following participation in a Department military 
spouse employment program, as a whole and for each military 
spouse employment program. 
(c) COMPTROLLER GENERAL REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the Comptroller General 
shall submit to the congressional defense committees a report on 
the review carried out under subsection (a). The report shall set 
forth the following: 
(1) The results of the review concerned. 
(2) Such clear and concrete metrics as the Comptroller 
General considers appropriate for the current and future 
evaluation and assessment of the efficacy and effectiveness 
of Department of Defense military spouse employment pro-
grams. 
(3) A description of the assumptions utilized in the review, 
and an assessment of the validity and completeness of such 
assumptions. 
(4) Such recommendations as the Comptroller General con-
siders appropriate for improving Department military spouse 
employment programs. 
Subtitle H—Improved Sexual Assault Pre-
vention and Response in the Armed 
Forces 
SEC. 581. ACCESS OF SEXUAL ASSAULT VICTIMS TO LEGAL ASSISTANCE 
AND 
SERVICES 
OF 
SEXUAL 
ASSAULT 
RESPONSE 
COORDINATORS AND SEXUAL ASSAULT VICTIM ADVO-
CATES. 
(a) LEGAL ASSISTANCE FOR VICTIMS OF SEXUAL ASSAULT.—Not 
later than 180 days after the date of the enactment of this Act,
H. R. 1540—134 
the Secretaries of the military departments shall prescribe regula-
tions on the provision of legal assistance to victims of sexual assault. 
Such regulations shall require that legal assistance be provided 
by military or civilian legal assistance counsel pursuant to section 
1044 of title 10, United States Code. 
(b) ASSISTANCE AND REPORTING.— 
(1) IN GENERAL.—Chapter 80 of title 10, United States 
Code, is amended by inserting after section 1565a the following 
new section: 
‘‘§ 1565b. Victims of sexual assault: access to legal assistance 
and 
services 
of 
Sexual 
Assault 
Response 
Coordinators and Sexual Assault Victim Advo-
cates 
‘‘(a) AVAILABILITY OF LEGAL ASSISTANCE AND VICTIM ADVOCATE 
SERVICES.—(1) A member of the armed forces, or a dependent 
of a member, who is the victim of a sexual assault may be provided 
the following: 
‘‘(A) Legal assistance provided by military or civilian legal 
assistance counsel pursuant to section 1044 of this title. 
‘‘(B) Assistance provided by a Sexual Assault Response 
Coordinator. 
‘‘(C) Assistance provided by a Sexual Assault Victim Advo-
cate. 
‘‘(2) A member of the armed forces or dependent who is the 
victim of sexual assault shall be informed of the availability of 
assistance under paragraph (1) as soon as the member or dependent 
seeks assistance from a Sexual Assault Response Coordinator, a 
Sexual Assault Victim Advocate, a military criminal investigator, 
a victim/witness liaison, or a trial counsel. The member or 
dependent shall also be informed that the legal assistance and 
the services of a Sexual Assault Response Coordinator or a Sexual 
Assault Victim Advocate under paragraph (1) are optional and 
may be declined, in whole or in part, at any time. 
‘‘(3) Legal assistance and the services of Sexual Assault 
Response Coordinators and Sexual Assault Victim Advocates under 
paragraph (1) shall be available to a member or dependent regard-
less of whether the member or dependent elects unrestricted or 
restricted (confidential) reporting of the sexual assault. 
‘‘(b) RESTRICTED REPORTING.—(1) Under regulations prescribed 
by the Secretary of Defense, a member of the armed forces, or 
a dependent of a member, who is the victim of a sexual assault 
may elect to confidentially disclose the details of the assault to 
an individual specified in paragraph (2) and receive medical treat-
ment, legal assistance under section 1044 of this title, or counseling, 
without initiating an official investigation of the allegations. 
‘‘(2) The individuals specified in this paragraph are the fol-
lowing: 
‘‘(A) A Sexual Assault Response Coordinator. 
‘‘(B) A Sexual Assault Victim Advocate. 
‘‘(C) Healthcare personnel specifically identified in the regu-
lations required by paragraph (1).’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 80 of such title is amended by inserting