154 
tor of the National Geospatial-Intelligence Agency hydro-
graphic information to support preparation of maps, 
charts, books, and geodetic products by that Agency.’’. 
(b) CLERICAL AMENDMENT.—The table of chapters 
at the beginning 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’’. 
SEC. 363. DEPOSIT OF REIMBURSED FUNDS UNDER RECIP-
ROCAL 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 re-
ceived as reimbursements for costs incurred by any De-
partment of Defense activity for fire protection rendered 
pursuant to this Act shall be credited to the same appro-
priation or fund from which the expenses were paid or, 
if the period of availability for obligation for that appro-
priation 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 provi-
sions and restrictions as the appropriation or account to 
which credited.’’.
155 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply with respect to reimbursements for 
expenditures of funds appropriated after the date of the 
enactment of this Act. 
SEC. 364. REDUCTION IN AMOUNTS OTHERWISE AUTHOR-
IZED TO BE APPROPRIATED TO THE DEPART-
MENT OF DEFENSE FOR PRINTING AND RE-
PRODUCTION. 
The following amounts otherwise authorized to be ap-
propriated for fiscal year 2012 for the Department of De-
fense are hereby reduced by 10 percent: 
(1) The amount for Operation and Maintenance 
for the Army, for printing and reproduction. 
(2) The amount for Operation and Maintenance 
for the Navy, for printing and reproduction. 
(3) The amount for Operation and Maintenance 
for the Marine Corps, for printing and reproduction. 
(4) The amount for Operation and Maintenance 
for the Air Force, for printing and reproduction. 
(5) The amount for Operation and Maintenance 
for Defense-wide activities, for printing and repro-
duction.
156 
SEC. 365. REDUCTION IN AMOUNTS OTHERWISE AUTHOR-
IZED TO BE APPROPRIATED TO THE DEPART-
MENT OF DEFENSE FOR STUDIES, ANALYSIS, 
AND EVALUATIONS. 
The following amounts otherwise authorized to be ap-
propriated for fiscal year 2012 for the Department of De-
fense are hereby reduced by 10 percent: 
(1) The amount for Operation and Maintenance 
for the Army, for studies, analysis, and evaluations. 
(2) The amount for Operation and Maintenance 
for the Navy, for studies, analysis, and evaluations. 
(3) The amount for Operation and Maintenance 
for the Marine Corps, for studies, analysis, and eval-
uations. 
(4) The amount for Operation and Maintenance 
for the Air Force, for studies, analysis, and evalua-
tions. 
(5) The amount for Operation and Maintenance 
for Defense-wide activities, for studies, analysis, and 
evaluations. 
SEC. 366. CLARIFICATION OF THE AIRLIFT SERVICE DEFI-
NITIONS RELATIVE TO THE CIVIL RESERVE 
AIR FLEET. 
(a) CLARIFICATION.—Section 41106 of title 49, 
United States Code, is amended—
157 
(1) in subsections (a)(1), (b), and (c), by strik-
ing ‘‘transport category aircraft’’ each place it ap-
pears and inserting ‘‘CRAF-eligible aircraft’’; and 
(2) in subsection (c), by striking ‘‘that has air-
craft in the civil reserve air fleet’’ and inserting ‘‘re-
ferred to in subsection (a)’’. 
(b) CRAF-ELIGIBLE
AIRCRAFT
DEFINED.—Such 
section is further amended by adding at the end the fol-
lowing 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. 367. 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 car-
riers who are participants in the Civil Reserve Air Fleet 
program.
158 
‘‘(b) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations for purposes of subsection (a). The 
Secretary may exclude from the applicability of those reg-
ulations any airlift services contract made through the use 
of competitive procedures. 
‘‘(c) COMMITMENT OF AIRCRAFT AS A BUSINESS 
FACTOR.—The Secretary may, in determining the quan-
tity of business to be received under an airlift services con-
tract for which the rate of payment is determined in ac-
cordance 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 contract for which the rate of payment is deter-
mined in accordance with subsection (a) shall not be sub-
ject to the provisions of section 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 beginning 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
159 
States Code, as added by subsection (a), not later than 
180 days after the date of the enactment of this Act. 
SEC. 368. SENSE OF CONGRESS ON PROPOSED FEDERAL 
AVIATION 
ADMINISTRATION 
CHANGES 
TO 
FLIGHT CREW MEMBER DUTY AND REST RE-
QUIREMENTS. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) Section 212 of the Airline Safety and Fed-
eral Aviation Administration Extension Act of 2010 
(Public Law 111–216; 49 U.S.C. 44701 note) di-
rected the Administrator of the Federal Aviation Ad-
ministration to issue regulations, based on the best 
available scientific information, to specify limitations 
on the hours of flight and duty time allowed for pi-
lots to address problems relating to pilot fatigue. 
(2) On September 14, 2010, the Federal Avia-
tion Administration issued a Notice of Proposed 
Rulemaking titled ‘‘Flightcrew Member Duty and 
Rest Requirements’’. 
(3) Between March 2010 and March 2011, the 
Air Mobility Command and its Civil Reserve Air 
Fleet partners airlifted more than 2,000,000 pas-
sengers and 848,000 tons of cargo around the world
160 
in support of the missions of the Department of De-
fense. 
(4) An Air Force Institute of Technology study 
titled ‘‘Civil Reserve Airlift Fleet (CRAF) Crew Rest 
Study’’ analyzed 2264 missions flown by Civil Re-
serve Air Fleet carriers under contract with the De-
partment of Defense between May and September 
2011, and concluded that over 80 percent of those 
missions may have been infeasible had the proposed 
rule referred to in paragraph (2) been in effect dur-
ing such period. 
(5) On February 15, 2011, General Duncan J. 
McNabb, Commander of the United States Trans-
portation Command, wrote to the Administrator of 
the Federal Aviation Administration expressing sig-
nificant concern about the proposed rule change and 
stating that the Operational Risk Management ap-
proach of the United States Transportation Com-
mand mitigated operational hazards and included 
‘‘reasonable measures to reduce risk to personnel, 
equipment and the mission’’. In the letter, General 
McNabb noted that he believes there is room for 
proper exceptions to the proposed rule and went on 
to write that ‘‘through cooperation, we can develop 
mutually acceptable guidelines that not only mitigate
161 
the impact of crew fatigue, but afford all carriers 
the flexibility to implement safer aircrew processes’’. 
(6) The United States Transportation Com-
mand is relying heavily on the Civil Reserve Air 
Fleet as a critical partner as they effectively and ef-
ficiently deploy and sustain the warfighter in simul-
taneous operations in Afghanistan, Iraq, and Libya 
and in relief operations in Japan. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) when faced with immediate and long-term 
world events, the superb team of the United States 
Transportation Command successfully overcomes 
many obstacles to support the national security ob-
jectives of the United States with world-class logis-
tics and the Civil Reserve Air Fleet program is one 
of the major reasons they deliver both combat power 
and humanitarian relief on time, on target, and at 
best value to the taxpayer; 
(2) the Administrator of the Federal Aviation 
Administration should make every effort to ensure 
that any changes to guidelines, regulations, and 
rules of the Federal Aviation Administration, includ-
ing changes to the Flightcrew Member Duty and 
Rest Requirements, fully consider the impact of such
162 
changes on Civil Reserve Air Fleet carriers, the 
United States Transportation Command, and the 
Department of Defense; and 
(3) the Administrator of the Federal Aviation 
Administration, in consultation with the Commander 
of the United States Transportation Command, 
should develop guidelines that address not only crew 
fatigue, but also enhance safety while minimizing the 
impact on the mission of the United States Trans-
portation Command and the Department of Defense. 
SEC. 369. POLICY ON ACTIVE SHOOTER TRAINING FOR CER-
TAIN 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 ‘‘Pro-
tecting the Force: Lessons From Fort Hood’’. 
SEC. 370. ASSISTANCE FOR HOMELAND DEFENSE MISSION 
TRAINING. 
(a) ASSISTANCE AUTHORIZED.—Chapter 9 of title 
32, United States Code, is amended by adding at the end 
the following new section:
163 
‘‘§ 909. Training assistance 
‘‘(a) ASSISTANCE AUTHORIZED.—To improve the 
training of National Guard units and Federal agencies 
performing homeland defense activities, the Secretary of 
Defense may provide funding assistance through a special 
military cooperative agreement for the operation and 
maintenance of any State training center certified by the 
Federal Emergency Management Agency as capable of 
providing emergency response training. 
‘‘(b) MERIT-BASED OR COMPETITIVE DECISIONS.— 
A decision to commit, obligate, or expend funds under sub-
section (a) with or to a specific entity shall— 
‘‘(1) be based on merit-based selection proce-
dures in accordance with the requirements of sec-
tions 2304(k) and 2374 of title 10 or on competitive 
procedures; and 
‘‘(2) comply with other applicable provisions of 
law.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘909. Training assistance.’’.
164 
TITLE IV—MILITARY 
PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
The Armed Forces are authorized strengths for active 
duty personnel as of September 30, 2012, as follows: 
(1) The Army, 562,000. 
(2) The Navy, 325,739. 
(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 in-
serting the following new paragraphs: 
‘‘(1) For the Army, 562,000. 
‘‘(2) For the Navy, 325,739. 
‘‘(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:
165 
(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 Re-
serve of any reserve component shall be proportionately 
reduced by— 
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of 
such component which are on active duty (other 
than for training) at the end of the fiscal year; and 
(2) the total number of individual members not 
in units organized to serve as units of the Selected 
Reserve of such component who are on active duty 
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end 
of the fiscal year. 
(c) END STRENGTH INCREASES.—Whenever units or 
individual members of the Selected Reserve of any reserve
166 
component are released from active duty during any fiscal 
year, the end strength prescribed for such fiscal year for 
the Selected Reserve of such reserve component shall be 
increased proportionately by the total authorized strengths 
of such units and by the total number of such individual 
members. 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 
DUTY IN SUPPORT OF THE RESERVES. 
Within the end strengths prescribed in section 
411(a), the reserve components of the Armed Forces are 
authorized, as of September 30, 2012, the following num-
ber of Reserves to be serving on full-time active duty or 
full-time duty, in the case of members of the National 
Guard, for the purpose of organizing, administering, re-
cruiting, instructing, or training the reserve components: 
(1) The Army National Guard of the United 
States, 32,060. 
(2) The Army Reserve, 16,261. 
(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.
167 
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 re-
serve components of the Army and the Air Force (notwith-
standing section 129 of title 10, United States Code) shall 
be the following: 
(1) For the Army 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 techni-
cians employed by the National Guard as of Sep-
tember 30, 2012, may not exceed the following: 
(A) For the Army National Guard of the 
United States, 1,600. 
(B) For the Air National Guard of the 
United States, 350.
168 
(2) ARMY RESERVE.—The number of non-dual 
status technicians employed by the Army Reserve as 
of September 30, 2012, may not exceed 595. 
(3) AIR FORCE RESERVE.—The number of non- 
dual status technicians employed by the Air Force 
Reserve as of September 30, 2012, may not exceed 
90. 
(b) NON-DUAL STATUS TECHNICIANS DEFINED.—In 
this section, the term ‘‘non-dual status technician’’ has the 
meaning given that term in section 10217(a) of title 10, 
United States Code. 
SEC. 415. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
THORIZED TO BE ON ACTIVE DUTY FOR 
OPERATIONAL SUPPORT. 
During fiscal year 2012, the maximum number of 
members of the reserve components of the Armed Forces 
who may be serving at any time on full-time operational 
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.
169 
(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 Department of Defense for expenses, 
not otherwise provided for, for military personnel, as spec-
ified in the funding table in section 4401. 
(b) CONSTRUCTION OF AUTHORIZATION.—The au-
thorization of appropriations in subsection (a) supersedes 
any other authorization of appropriations (definite or in-
definite) for such purpose for fiscal year 2012.
170 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel 
Policy Generally 
SEC. 501. INCREASE IN AUTHORIZED STRENGTHS FOR MA-
RINE CORPS OFFICERS ON ACTIVE DUTY 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 (ex-
cluding officers in categories specified in subsection (b) 
of such section) serving on active duty in the Marine Corps 
in the grades of major, lieutenant colonel, and colonel, re-
spectively, 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 EXCEP-
TION TO DISTRIBUTION LIMITS.— 
(1) REMOVAL OF POSITIONS.—Subsection (b) of 
section 525 of title 10, United States Code, is 
amended to read as follows:
171 
‘‘(b) The limitations of subsection (a) do not include 
the following: 
‘‘(1) An officer released from a joint duty as-
signment, but only during the 60-day period begin-
ning 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 ex-
cluded under this paragraph. 
‘‘(2) The number of officers required to serve in 
joint duty assignments as authorized by the Sec-
retary of Defense under section 526(b) for each mili-
tary service.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on January 1, 
2012. 
(b) LIMITATION ON NUMBER OF AIR FORCE GEN-
ERAL OFFICERS ON ACTIVE DUTY.— 
(1) LIMITATION; EXCLUSION FOR JOINT DUTY 
REQUIREMENTS.—Section 526 of such title is 
amended— 
(A) in subsection (a)(3), by striking ‘‘208’’ 
and inserting ‘‘197’’; and
172 
(B) in subsection (b)(2)(C), by striking 
‘‘76’’ and inserting ‘‘73’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect on October 1, 
2013. 
(c) LIMITED EXCLUSION FOR JOINT DUTY ASSIGN-
MENTS FROM AUTHORIZED STRENGTH LIMITATION.— 
(1) EXCLUSION.—Subsection (b) of section 526 
of such title is amended by striking ‘‘324’’ and in-
serting ‘‘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 POSI-
TIONS.— 
(1) ELIMINATION OF CURRENT BROAD EXCLU-
SION.—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 position 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
173 
(b) of section 526 of this title, as one of the general officer 
and flag officer positions to be excluded from the limita-
tions in subsection (a) of such section. 
‘‘(c) ASSOCIATE DIRECTOR OF MILITARY AFFAIRS, 
CIA.—When the position of Associate Director of Military 
Affairs, Central Intelligence Agency, or any successor po-
sition, is held by an officer of the armed forces, the posi-
tion, 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 Intel-
ligence 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 sub-
section (a) of such section. However, not more than five 
of such positions may be included among the excluded po-
sitions at any time.’’. 
(2) CLERICAL AMENDMENTS.—
174 
(A) SECTION HEADING.—The heading of 
such section is amended to read as follows: 
‘‘§ 528. Officers serving in certain intelligence posi-
tions: military status; application of dis-
tribution 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; applica-
tion of distribution and strength limitations; pay and allow-
ances.’’. 
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.—Sub-
section (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.
175 
‘‘(2) The Secretary of Defense shall designate, pursu-
ant to subsection (b) of section 526 of this title, the posi-
tion 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 sec-
tion 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 Bu-
reau 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.’’.
176 
(3) EXCLUSION
FOR
CHIEF
OF
NATIONAL 
GUARD BUREAU FROM GENERAL OFFICER DISTRIBU-
TION
LIMITATIONS.—Section 525 of such title is 
amended— 
(A) in subsection (b)(1), by striking sub-
paragraph (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 BU-
REAU.— 
(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 Sec-
retary of Defense from’’ and inserting ‘‘Vice Chief of 
the National Guard Bureau, appointed by the Presi-
dent, by and with the advice and consent of the Sen-
ate. The appointment shall be made from’’. 
(2) ELIGIBILITY
REQUIREMENTS.—Subsection 
(a)(1) of such section is further amended— 
(A) in subparagraph (A), by striking ‘‘rec-
ommended’’ and inserting ‘‘nominated’’;
177 
(B) by redesignating subparagraphs (B) 
and (C) as subparagraphs (D) and (E), respec-
tively; 
(C) in subparagraph (E), as so redesig-
nated, by striking ‘‘colonel’’ and inserting 
‘‘brigadier general’’; and 
(D) 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 Na-
tional Guard of the United States, and by the Sec-
retary 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.—Sub-
section (c) of such section is amended to read as fol-
lows: 
‘‘(c) GRADE AND EXCLUSION FROM GENERAL AND 
FLAG OFFICER AUTHORIZED STRENGTH.—(1) The Vice
178 
Chief of the National Guard Bureau shall be appointed 
to serve in the grade of lieutenant general. 
‘‘(2) The Secretary of Defense shall designate, pursu-
ant to subsection (b) of section 526 of this title, the posi-
tion of Vice Chief of the National Guard Bureau as one 
of the general officer and flag officer positions to be ex-
cluded from the limitations in subsection (a) of such sec-
tion.’’. 
(c) CONFORMING AMENDMENTS REGARDING REF-
ERENCES 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’’. 
(2) CROSS REFERENCES IN SECTION 10506.— 
Section 10506(a)(1) of such title is amended by 
striking ‘‘Chief of the National Guard Bureau and
179 
the Director of the Joint Staff’’ and inserting ‘‘Chief 
and Vice Chief’’. 
(3) OTHER
REFERENCES.—Any reference in 
any law, regulation, 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 of 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 Bu-
reau in accordance with subsection (a) of section 10505 
of title 10, United States Code, as amended by subsection
180 
(b). Notwithstanding the amendment made by subsection 
(b)(3), the acting Vice Chief of the National Guard Bu-
reau shall not be excluded from the limitations in section 
526(a) of such title. 
SEC. 512. PRESEPARATION COUNSELING FOR MEMBERS OF 
THE RESERVE COMPONENTS. 
(a) REQUIREMENT; EXCEPTION.—Subsection (a)(1) 
of section 1142 of title 10, United States Code, is amend-
ed— 
(1) in the first sentence— 
(A) by striking ‘‘Within’’ and inserting 
‘‘(A) Within’’; and 
(B) by striking ‘‘of each member’’ and all 
that follows through the period at the end of 
the sentence and inserting the following: ‘‘of— 
‘‘(i) each member of the armed forces whose 
discharge or release from active duty is anticipated 
as of a specific date; and 
‘‘(ii) each member of a reserve component not 
covered by clause (i) whose discharge or release from 
service is anticipated as of a specific date.’’; and 
(2) in the second sentence, by striking ‘‘A nota-
tion of the provision of such counseling’’ and insert-
ing the following:
181 
‘‘(B) A notation of the provision of preseparation 
counseling’’. 
(b) MODIFICATION
OF TIME PERIOD
IN WHICH 
PRESEPARATION COUNSELING MUST BE PROVIDED.— 
Subsection (a)(3) of such section is amended— 
(1) in subparagraph (A), by striking ‘‘subpara-
graph (B)’’ and inserting ‘‘subparagraphs (B) and 
(C)’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(C) In the event that a member of a reserve compo-
nent is being released from active duty for a period of 
more than 30 days under circumstances in which the Sec-
retary concerned determines operational requirements 
make compliance with the 90-day requirement under sub-
paragraph (A) unfeasible, preseparation counseling shall 
begin as soon as possible within the remaining period of 
service.’’. 
(c) CONFORMING AMENDMENT REGARDING COV-
ERED MATTERS.—Subsection (b)(7) of such section is 
amended by striking ‘‘from active duty’’.
182 
SEC. 513. CLARIFICATION OF APPLICABILITY OF AUTHOR-
ITY FOR DEFERRAL OF MANDATORY SEPARA-
TION OF MILITARY TECHNICIANS (DUAL STA-
TUS) 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 ‘‘AU-
THORITY FOR’’ before ‘‘DEFERRAL OF MANDATORY 
SEPARATION’’; 
(2) by striking ‘‘shall implement’’ and inserting 
‘‘may each implement’’; 
(3) by inserting ‘‘, at the discretion of the Sec-
retary concerned,’’ 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. 514. MODIFICATION OF ELIGIBILITY FOR CONSIDER-
ATION FOR PROMOTION FOR RESERVE OFFI-
CERS EMPLOYED AS MILITARY TECHNICIANS 
(DUAL STATUS). 
Section 14301 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section:
183 
‘‘(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 re-
tained beyond the mandatory removal date for years of 
service pursuant to subsection (f) of such section or sec-
tion 14702(a)(2) of this title is not eligible for consider-
ation for promotion by a mandatory promotion board con-
vened under section 14101(a) of this title.’’. 
SEC. 515. CHIEF OF NATIONAL GUARD BUREAU. 
(a) ROLE
AS ADVOCATE
AND LIAISON.—Section 
10502 of title 10, United States Code, is amended— 
(1) by redesignating subsections (d) and (e) as 
subsections (f) and (g), respectively; and 
(2) by inserting after subsection (c), the fol-
lowing new subsection: 
‘‘(d) ADVOCATE AND LIAISON FOR STATE NATIONAL 
GUARDS.—The Chief of the National Guard Bureau shall 
serve as an advocate and liaison for the National Guard 
of each State, the Commonwealth of Puerto Rico, the Dis-
trict of Columbia, Guam, and the Virgin Islands and in-
form such National Guards of all actions that could affect 
their Federal or State missions, including any equipment 
level or force structure changes.’’.
184 
(b) INCLUSION AS MEMBER OF JOINT CHIEFS OF 
STAFF.— 
(1) IN GENERAL.—Section 10502 of title 10, 
United States Code, is further amended by inserting 
after subsection (d) (as amended by subsection (a) 
of this section), the following new subsection: 
‘‘(e) MEMBER OF JOINT CHIEFS OF STAFF.— 
‘‘(1) The Chief of the National Guard Bureau 
shall be a member of the Joint Chiefs of Staff (as 
described in section 151 of this title). 
‘‘(2) As a member of the Joint Chiefs of Staff, 
the Chief of the National Guard Bureau has the spe-
cific responsibility of advocating for the National 
Guards of the States, the Commonwealth of Puerto 
Rico, the District of Columbia, Guam, and the Vir-
gin Islands and coordinating the efforts of the 
warfighting support and force provider mission of 
the National Guard with the homeland defense, de-
fense support to civil authorities, and State emer-
gency response missions of the National Guard to 
ensure the National Guard has the resources to per-
form its multiple missions. 
‘‘(3) The Chief of the National Guard Bureau 
shall consult with the Governors and the Adjutants 
General of the States before any changes are made
185 
in National Guard force structure or equipment lev-
els (or both) to determine the impact such changes 
may have on the homeland defense, defense support 
to civil authorities, and State emergency response 
missions of the National Guard.’’. 
(2) 
CONFORMING
AMENDMENT.—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 Bu-
reau.’’. 
Subtitle C—General Service 
Authorities 
SEC. 521. FINDINGS REGARDING UNIQUE NATURE, DE-
MANDS, AND HARDSHIPS OF MILITARY SERV-
ICE. 
(a) CODIFICATION.—Chapter 37 of title 10, United 
States Code, is amended by inserting before section 651 
the following new section: 
‘‘§ 650. Findings regarding unique nature, demands, 
and hardships of service in the armed 
forces 
‘‘Congress makes the following findings: 
‘‘(1) Section 8 (clauses 12, 13, and 14) of Arti-
cle I of the Constitution of the United States com-
mits exclusively to Congress the powers to raise and
186 
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 sec-
tion 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 serv-
ice 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 re-
quires members of the armed forces to make ex-
traordinary sacrifices, including the ultimate sac-
rifice, in order to provide for the common defense. 
‘‘(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 com-
bat capability is unit cohesion, that is, the bonds of 
trust among individual service members that make 
the combat effectiveness of a military unit greater
187 
than the sum of the combat effectiveness of the indi-
vidual 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 mili-
tary service, and the critical role of unit cohe-
sion, 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 be-
havior, that would not be acceptable 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 mem-
ber 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 mem-
ber of the armed forces at all times that the member 
has a military status, whether the member is on
188 
base or off base, and whether the member is on duty 
or off duty. 
‘‘(11) The pervasive application of the stand-
ards of conduct is necessary because members of the 
armed forces must be ready at all times for world-
wide deployment to a combat environment. 
‘‘(12) The worldwide deployment of United 
States military forces, the international responsibil-
ities of the United States, and the potential for in-
volvement of the armed forces in actual combat rou-
tinely 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. 
‘‘(13) The armed forces must maintain per-
sonnel policies that are intended to recruit and re-
tain only those persons whose presence in the armed 
forces serve the needs of the armed forces, con-
tribute to the accomplishment of the missions of the 
armed forces, and maintain the armed forces’ high 
standards of morale, good order and discipline, and 
unit cohesion that are the essence of military capa-
bility.’’. 
(b) CLERICAL AMENDMENTS.—
189 
(1) TABLE OF SECTIONS.—The table of sections 
at the beginning of such chapter is amended by in-
serting before the item relating to section 651 the 
following new item: 
‘‘650. Findings regarding unique nature, demands, and hardships of service in 
the armed forces.’’. 
(2) TABLE OF CHAPTERS.—The table of chap-
ters at the beginning of subtitle A of such title and 
at the beginning of part II of such subtitle are 
amended by striking the item relating to chapter 37 
and inserting the following new item: 
‘‘37. General Service Requirements ..........................................................
650’’. 
SEC. 522. POLICY ADDRESSING DWELL TIME AND MEAS-
UREMENT AND DATA COLLECTION REGARD-
ING UNIT OPERATING TEMPO AND PER-
SONNEL 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 para-
graph: 
‘‘(4) The Secretary of Defense shall prescribe a policy 
that addresses the amount of dwell time a member of the 
armed forces or unit remains at the member’s or unit’s 
permanent duty station or home port, as the case may 
be, between deployments.’’.
190 
(b) UNIT
OPERATING
TEMPO
AND
PERSONNEL 
TEMPO RECORDKEEPING.—Subsection (c) of such section 
is amended to read as follows: 
‘‘(c) RECORDKEEPING.—(1) The Secretary of De-
fense shall— 
‘‘(A) establish a system for tracking and re-
cording the number of days that each member of the 
armed forces is deployed; 
‘‘(B) prescribe policies and procedures for 
measuring operating tempo and personnel tempo; 
and 
‘‘(C) maintain a central data collection reposi-
tory to provide information for research, actuarial 
analysis, interagency reporting and evaluation of De-
partment 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 bat-
talion, 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.
191 
‘‘(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-deployment allowance under section 436 of title 
37 (or who would have been eligible to receive the 
allowance if the duty assignment 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 re-
ceived the allowance (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 allow-
ance. 
‘‘(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.’’.
192 
(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 sta-
tion or home port after returning from a deploy-
ment. 
‘‘(B) The Secretary of Defense may modify the 
definition of dwell time specified in subparagraph 
(A). If the Secretary establishes a different defini-
tion 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 oper-
ations, exercises, and training deployments. 
‘‘(3) The term ‘personnel tempo’ means the 
amount of time members of the armed forces are en-
gaged 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.—
193 
(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 beginning 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 col-
lection of unit operating and personnel tempo.’’. 
SEC. 523. AUTHORIZED LEAVE AVAILABLE FOR MEMBERS 
OF THE ARMED FORCES UPON BIRTH OR 
ADOPTION OF A CHILD. 
Section 701 of title 10, United State Code, is amend-
ed— 
(1) by striking subsections (i) and (j) and in-
serting the following new subsection: 
‘‘(i)(1) A member of the armed forces who gives birth 
to a child or who adopts a child in a qualifying child adop-
tion and will be primary caregiver for the adopted child 
shall receive 42 days of leave after the birth or adoption 
to be used in connection with the birth or adoption of the 
child. 
‘‘(2) A married member of the armed forces on active 
duty whose wife gives birth to a child or who adopts a
194 
child in a qualifying child adoption, but will not be pri-
mary caregiver for the adopted child, shall receive 10 days 
of leave to be used in connection with the birth or adoption 
of the child. 
‘‘(3) If two members of the armed forces who are 
married to each other adopt a child in a qualifying child 
adoption, only one of the members may be designated as 
primary caregiver for purposes of paragraph (1). In the 
case of a dual-military couple, the member authorized 
leave under paragraph (1) and the member authorized 
leave under paragraph (2) may utilize the leave at the 
same time. 
‘‘(4) For the purpose of this subsection, an adoption 
of a child by a member is a qualifying child adoption if 
the member is eligible for reimbursement of qualified 
adoption expenses for such adoption under section 1052 
of this title. 
‘‘(5) Leave authorized under this subsection is in ad-
dition to other leave provided under other provisions of 
this section. 
‘‘(6) The Secretary of Defense may prescribe such 
regulations as may be necessary to carry out this sub-
section.’’; and 
(2) by redesignating subsection (k) as sub-
section (j).
195 
SEC. 524. EXTENSION OF AUTHORITY TO CONDUCT PRO-
GRAMS ON CAREER FLEXIBILITY TO EN-
HANCE RETENTION OF MEMBERS OF THE 
ARMED FORCES. 
(a) DURATION
OF
PROGRAM
AUTHORITY.—Sub-
section (l) of section 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 SE-
LECTION OF PARTICIPANTS.—Subsection (c) of such sec-
tion 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’’.
196 
SEC. 525. POLICY ON MILITARY RECRUITMENT AND EN-
LISTMENT 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 de-
fined in section 9101(38) of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 
7801(38)). 
(2) COVERED GRADUATES.—Paragraph (1) ap-
plies with respect to person who— 
(A) receives a diploma from a secondary 
school that is legally operating; or 
(B) otherwise completes a program of sec-
ondary education in compliance with the edu-
cation laws of the State in which the person re-
sides. 
(b) POLICY ON RECRUITMENT AND ENLISTMENT.— 
Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense shall prescribe a pol-
icy on recruitment and enlistment that incorporates the 
following:
197 
(1) Means for identifying persons described in 
subsection (a)(2) who are qualified recruitment and 
enlistment in the Armed Forces, which may include 
the use of a non-cognitive aptitude test, adaptive 
personality assessment, or other operational attrition 
screening tool to predict performance, behaviors, and 
attitudes of potential recruits that influence attrition 
and the ability to adapt to a regimented life in the 
Armed Forces. 
(2) Means for assessing how qualified persons 
fulfill their enlistment obligation. 
(3) Means for maintaining data, by each di-
ploma source, which can be used to analyze attrition 
rates among qualified persons. 
(c) RECRUITMENT PLAN.—As part of the policy re-
quired by subsection (b), the Secretary of each of the mili-
tary departments shall develop a recruitment plan that in-
cludes a marketing strategy for targeting various seg-
ments of potential recruits with all types of secondary edu-
cation credentials. 
(d) COMMUNICATION PLAN.—The Secretary of each 
of the military departments shall develop a communication 
plan to ensure that the policy and recruitment plan are 
understood by military recruiters.
198 
SEC. 526. NAVY RECRUITING AND ADVERTISING. 
(a) ADDITIONAL, DISCRETIONARY BUDGET AUTHOR-
ITY.—In the budget submitted to Congress under section 
1105 of title 31, United States Code, for fiscal year 2012, 
the President requested $254,860,000 for Recruiting and 
Advertising. Of the amounts authorized to be appropriated 
by section 301, as specified in the corresponding funding 
table in division D, the Secretary of the Navy shall obli-
gate an additional $983,000 for the professional develop-
ment of youth ages 11 to 17, to promote interest and skill 
in seamanship and aviation while instilling qualities that 
mold strong moral character in an anti-drug and anti- 
gang environment in furtherance of national security ob-
jectives. 
(b) MERIT-BASED OR COMPETITIVE DECISIONS.—A 
decision to commit, obligate, or expend funds referred to 
in the second sentence of subsection (a) with or to a spe-
cific entity shall— 
(1) be based on merit-based selection proce-
dures in accordance with the requirements of sec-
tions 2304(k) and 2374 of title 10, United States 
Code, or on competitive procedures; and 
(2) comply with other applicable provisions of 
law.
199 
SEC. 527. LIMITATION ON SIMULTANEOUS DEPLOYMENT TO 
COMBAT ZONES OF DUAL-MILITARY COUPLES 
WHO HAVE MINOR DEPENDENTS. 
(a) AUTHORITY TO OBTAIN DEFERMENT.—In the 
case of a member of the Armed Forces with minor depend-
ents who has a spouse who is also a member of the Armed 
Forces, and the spouse is deployed in an area for which 
imminent danger pay is authorized under section 310 of 
title 37, United States Code, the member may request a 
deferment of a deployment to such an area until the 
spouse returns from such deployment. 
(b) APPROVAL OF REQUEST.—The Secretary of the 
military department concerned, and the Secretary of 
Homeland Security in the case of members of the Coast 
Guard, shall approve a request submitted by a member 
pursuant to subsection (a). 
(c) REPEAL OF LIMITED AUTHORITY.—Section 586 
of the National Defense Authorization Act for Fiscal Year 
2008 (Public Law 110–181; 112 Stat. 132; 10 U.S.C. 991 
note) is amended by striking the second sentence. 
SEC. 528. DEPARTMENT OF DEFENSE SUICIDE PREVENTION 
PROGRAM. 
(a) PROGRAM ENHANCEMENTS.— 
(1) ENHANCEMENT.—The Secretary of Defense 
shall take appropriate actions to enhance the suicide 
prevention program of the Department of Defense
200 
through the provision of suicide prevention informa-
tion and resources to members of the Armed Forces 
from their initial enlistment or appointment through 
their final retirement or separation. 
(2) COOPERATIVE EFFORT.—The Secretary of 
Defense shall develop suicide prevention information 
and resources in consultation with— 
(A) 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 
(B) to the extent appropriate, institutions 
of higher education and other public and pri-
vate entities, including international entities, 
with expertise regarding suicide prevention. 
(b) SUICIDE PREVENTION TRAINING COMPONENT 
DURING RECRUIT BASIC TRAINING.— 
(1) ARMY.— 
(A) TRAINING REQUIRED.—Chapter 401 of 
title 10, United States Code, is amended by in-
serting after section 4320 the following new 
section:
202 
(A) TRAINING REQUIRED.—Chapter 602 of 
such title is amended by adding at the end the 
following new section: 
‘‘§ 6933. Recruit basic training: availability of suicide 
prevention resources 
‘‘(a) AVAILABILITY.—As part of the initial entry 
training program of the Navy and the Marine Corps that 
constitutes the basic training of new recruits, the Sec-
retary of the Navy shall include a training component on 
suicide prevention. 
‘‘(b) ELEMENTS.—The suicide prevention training 
component shall include the following: 
‘‘(1) Methods for recognizing risk factors for 
suicide. 
‘‘(2) Protocols for responding to crisis situa-
tions involving members who may be at high risk for 
suicide. 
‘‘(3) Information about suicide prevention serv-
ices available to members, including toll-free hotlines 
and Internet resources. 
‘‘(4) Information on best practices for suicide 
prevention.’’. 
(B) CLERICAL AMENDMENT.—The table of 
sections at the beginning of such chapter is
203 
amended by adding at the end the following 
new item: 
‘‘602. Recruit basic training: availability of suicide prevention resources.’’. 
(3) AIR FORCE.— 
(A) TRAINING REQUIRED.—Chapter 901 of 
such title is amended by inserting after section 
9320 the following new section: 
‘‘§ 9320a. Recruit basic training: availability of sui-
cide prevention resources 
‘‘(a) AVAILABILITY.—As part of the initial entry 
training program of the Air Force that constitutes the 
basic training of new recruits, the Secretary of the Air 
Force shall include a training component on suicide pre-
vention. 
‘‘(b) ELEMENTS.—The suicide prevention training 
component shall include the following: 
‘‘(1) Methods for recognizing risk factors for 
suicide. 
‘‘(2) Protocols for responding to crisis situa-
tions involving members who may be at high risk for 
suicide. 
‘‘(3) Information about suicide prevention serv-
ices available to members, including toll-free hotlines 
and Internet resources. 
‘‘(4) Information on best practices for suicide 
prevention.’’.
204 
(B) CLERICAL AMENDMENT.—The table of 
sections at the beginning of such chapter is 
amended by inserting after the item relating to 
section 4320 the following new item: 
‘‘4320a. Recruit basic training: availability of suicide prevention resources.’’. 
(c) 
PRESEPARATION
COUNSELING.—Section 
1142(b)(8) of such title is amended by inserting before 
the period the following: ‘‘and the availability to the mem-
ber and the member’s family of the suicide prevention re-
sources described in section 1177(d) of this title’’. 
(d) FUNDING INCREASE AND OFFSETTING REDUC-
TION.—Notwithstanding the amounts set forth in the 
funding tables in division D— 
(1) the amount authorized to be appropriated in 
section 421 for military personnel, as specified in 
the corresponding funding table in division D, is 
hereby increased by $5,000,000, with the amount of 
the increase allocated to carrying out this section 
and the amendments made by this section; and 
(2) the amount authorized to be appropriated in 
section 101 for other procurement, Air Force, as 
specified in the corresponding funding table in divi-
sion D, is hereby reduced by $5,000,000, with the 
amount of the reduction to be derived from Joint 
Tactical Radio System Maritime-Fixed radios under 
line 049 Tactical Communications Electronic Equip-
205 
ment, as specified in the corresponding funding table 
in section 4101. 
SEC. 529. DESIGNATION OF PERSONS AUTHORIZED TO DI-
RECT DISPOSITION OF REMAINS OF MEM-
BERS OF THE ARMED FORCES. 
Section 1482(c) of title 10, United States Code, is 
amended— 
(1) by striking ‘‘Only the’’ in the matter pre-
ceding paragraph (1) and inserting ‘‘The’’; 
(2) by redesignating paragraphs (1) through 
(4) as paragraphs (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 re-
designated, the following new paragraph: 
‘‘(1) The person identified by the decedent on 
the record of emergency data maintained by the Sec-
retary concerned (DD Form 93 or any successor to 
that form), as the Person Authorized to Direct Dis-
position (PADD), regardless of the relationship of 
the designee to the decedent.’’.
206 
SEC. 530. 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 sub-
paragraph: 
‘‘(C) Ideologically based threats or actions 
of another member that the member providing 
the information reasonably believes could be 
counterproductive or detrimental to United 
States interests or security.’’. 
SEC. 531. RETROACTIVE AWARD OF ARMY COMBAT ACTION 
BADGE. 
(a) AUTHORITY TO AWARD.—The Secretary of the 
Army may award the Army Combat Action Badge (estab-
lished by order of the Secretary of the Army through 
Headquarters, Department of the Army Letter 600-05-1, 
dated June 3, 2005) to a person who, while a member 
of the Army, participated in combat during which the per-
son personally engaged, or was personally engaged by, the 
enemy at any time during the period beginning on Decem-
ber 7, 1941, and ending on September 18, 2001 (the date 
of the otherwise applicable limitation on retroactivity for 
the award of such decoration), if the Secretary determines 
that the person has not been previously recognized in an 
appropriate manner for such participation.
207 
(b) PROCUREMENT OF BADGE.—The Secretary of 
the Army may make arrangements with suppliers of the 
Army Combat Action Badge so that eligible recipients of 
the Army Combat Action Badge pursuant to subsection 
(a) may procure the badge directly from suppliers, thereby 
eliminating or at least substantially reducing administra-
tive costs for the Army to carry out this section. 
SEC. 532. NOTIFICATION REQUIREMENT FOR DETERMINA-
TION 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 determination includes a favorable recommenda-
tion for the award of the Medal of Honor, the Secretary 
of Defense, instead of the Secretary concerned, shall make 
the submission under this subsection.’’. 
Subtitle D—Military Justice and 
Legal Matters 
SEC. 531. PROCEDURES FOR JUDICIAL REVIEW OF MILI-
TARY PERSONNEL DECISIONS RELATING TO 
CORRECTION OF MILITARY RECORDS. 
(a) JUDICIAL REVIEW PROCEDURES.—
208 
(1) IN
GENERAL.—Chapter 79 of title 10, 
United States Code, is amended by inserting after 
section 1558 the following new section: 
‘‘§ 1558a. Judicial review of certain decisions relating 
to correction of military records 
‘‘(a) AVAILABILITY OF JUDICIAL REVIEW.—After a 
final decision is issued by the Secretary concerned pursu-
ant to section 1552 of this title or by the Secretary of 
Homeland Security or the Secretary of Defense pursuant 
to subsection (f) or (g) of section 1034 of this title, any 
person aggrieved by such a decision may obtain judicial 
review of the decision. 
‘‘(b) BASIS TO SET-ASIDE DECISION.—In exercising 
its authority under this section, the reviewing court shall 
review the record of the decision and may hold unlawful 
and set aside any decision demonstrated by the petitioner 
in the record to be— 
‘‘(1) arbitrary or capricious; 
‘‘(2) not based on substantial evidence; 
‘‘(3) a result of material error of fact or mate-
rial administrative error, but only if the petitioner 
identified to the correction board how the failure to 
follow such procedures substantially prejudiced the 
petitioner’s right to relief, and shows to the review-
209 
ing court by a preponderance of the evidence that 
the error was harmful; or 
‘‘(4) otherwise contrary to law. 
‘‘(c) RELIEF.—In exercising its authority under this 
section, the reviewing court shall affirm, modify, vacate, 
or reverse the decision, or remand the matter, as appro-
priate. 
‘‘(d) MATTERS MUST BE JUSTICIABLE.—Notwith-
standing subsections (a), (b), and (c), the reviewing court 
does not have jurisdiction to entertain any matter or issue 
raised in a petition of review that is not justiciable. 
‘‘(e) DECISION MUST BE FINAL.—(1) No judicial re-
view may be made under this section unless the petitioner 
shall first have requested a correction under section 1552 
of this title, and the Secretary concerned shall have ren-
dered a final decision denying that correction in whole or 
in part. In a case in which the final decision of the Sec-
retary concerned is subject to review by the Secretary of 
Defense under section 1034(g) of this title, the petitioner 
is not required to seek such review by the Secretary of 
Defense before obtaining judicial review under this sec-
tion. If the petitioner seeks review by the Secretary of De-
fense under section 1034(g) of this title, no judicial review 
may be made until the Secretary of Defense shall have
210 
rendered a final decision denying that request in whole 
or in part. 
‘‘(2) In the case of a final decision described in sub-
section (a) made after the end of the one-year period be-
ginning on the date of the enactment of the National De-
fense Authorization Act for Fiscal Year 2012, a petition 
for judicial review under this section must be filed within 
one year after the date of that final decision. 
‘‘(f) EXCEPTIONS.—(1) A decision by a board estab-
lished under section 1552(a)(1) of this title declining to 
excuse the untimely filing of a request for correction of 
military records is not subject to judicial review under this 
section or otherwise subject to review in any court. 
‘‘(2) A decision by a board established under section 
1552(a)(1) of this title declining to reconsider or reopen 
a previous denial or partial denial of a request for correc-
tion of military records is not subject to judicial review 
under this section or otherwise subject to review in any 
court. 
‘‘(3) Notwithstanding subsection (e)(2), a decision by 
a board established under section 1552(a)(1) of this title 
that results in denial, in whole or in part, of any request 
for correction of military records that is received by the 
board more than six years after the date of discharge, re-
tirement, release from active duty, or death while on active
211 
duty of the person whose military records are the subject 
of the correction request is not subject to judicial review 
under this section or otherwise subject to review in any 
court. 
‘‘(g) SOLE BASIS FOR JUDICIAL REVIEW.—(1) In the 
case of a cause of action arising after the end of the one- 
year period beginning on the date of the enactment of the 
National Defense Authorization Act for Fiscal Year 2012, 
no court shall have jurisdiction to entertain any request 
for correction of records cognizable under subsection (f) 
or (g) of section 1034 or section 1552 of this title except 
as provided in this section. 
‘‘(2) In the case of a cause of action arising after 
the end of such one-year period, except as provided by 
chapter 153 of title 28 and chapter 79 of this title, no 
court shall have jurisdiction over any civil action or claim 
seeking, in whole or in part, to challenge any decision for 
which administrative review is available under section 
1552 of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 1558 
the following new item: 
‘‘1558a. Judicial review of certain decisions relating to correction of military 
records.’’.
212 
(b) EFFECT OF DENIAL OF REQUEST FOR CORREC-
TION OF RECORDS WHEN PROHIBITED PERSONNEL AC-
TION ALLEGED.— 
(1) NOTICE OF DENIAL; PROCEDURES FOR JU-
DICIAL REVIEW.—Subsection (f) of section 1034 of 
title 10, United States Code, is amended by adding 
at the end the following new paragraph: 
‘‘(7) In any case in which the final decision of the 
Secretary concerned results in denial, in whole or in part, 
of any requested correction of the record of the member 
or former member, the Secretary concerned shall provide 
the member or former member a concise written statement 
of the factual and legal basis for the decision, together 
with a statement of the procedure and time for obtaining 
review of the decision pursuant to section 1558a of this 
title.’’. 
(2) SECRETARY OF DEFENSE REVIEW; NOTICE 
OF
DENIAL.—Subsection (g) of such section is 
amended— 
(A) by inserting ‘‘(1)’’ before ‘‘Upon the 
completion of all’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) The submittal of a matter to the Secretary of 
Defense by the member or former member under para-
213 
graph (1) must be made within 90 days of the receipt by 
the member or former member of the final decision of the 
Secretary of the military department concerned in the 
matter. In any case in which the final decision of the Sec-
retary of Defense results in denial, in whole or in part, 
of any requested correction of the record of the member 
or former member, the Secretary of Defense shall provide 
the member or former member a concise written statement 
of the basis for the decision, together with a statement 
of the procedure and time for obtaining review of the deci-
sion pursuant to section 1558a of this title.’’. 
(3) SOLE BASIS FOR JUDICIAL REVIEW.—Such 
section is further amended— 
(A) by redesignating subsections (h) and 
(i) as subsections (i) and (j), respectively; and 
(B) by inserting after subsection (g) the 
following new subsection (h): 
‘‘(h) JUDICIAL REVIEW.—(1) A decision of the Sec-
retary of Defense under subsection (g) shall be subject to 
judicial review only as provided in section 1558a of this 
title. 
‘‘(2) In a case in which review by the Secretary of 
Defense under subsection (g) was not sought, a decision 
of the Secretary of a military department under subsection
214 
(f) shall be subject to judicial review only as provided in 
section 1558a of this title. 
‘‘(3) A decision of the Secretary of Homeland Secu-
rity under subsection (f) shall be subject to judicial review 
only as provided in section 1558a of this title.’’. 
(c) EFFECT OF DENIAL OF OTHER REQUESTS FOR 
CORRECTION OF MILITARY RECORDS.—Section 1552 of 
such title is amended by adding at the end the following 
new subsections: 
‘‘(h) In any case in which the final decision of the 
Secretary concerned results in denial, in whole or in part, 
of any requested correction, the Secretary concerned shall 
provide the claimant a concise written statement of the 
factual and legal basis for the decision, together with a 
statement of the procedure and time for obtaining review 
of the decision pursuant to section 1558a of this title. 
‘‘(i) A decision by the Secretary concerned under this 
section shall be subject to judicial review only as provided 
in section 1558a of this title.’’. 
(d) EFFECTIVE DATE AND RETROACTIVE APPLICA-
TION.— 
(1) EFFECTIVE DATE.—The amendments made 
by this section shall take effect one year after the 
date of the enactment of this Act.
216 
to implement the amendments made by this section. 
In the case of the Secretary of a military depart-
ment, such regulations may not take effect until ap-
proved by the Secretary of Defense. 
(5) CONSTRUCTION.—This section and the 
amendments made by this section do not affect the 
authority of any court to exercise jurisdiction over 
any case that was properly before the court before 
the effective date specified in paragraph (1). 
(6) SECRETARY
CONCERNED.—In this sub-
section, the term ‘‘Secretary concerned’’ has the 
meaning given that term in section 101(a)(9) of title 
10, United States Code. 
SEC. 532. CLARIFICATION OF APPLICATION AND EXTENT 
OF DIRECT ACCEPTANCE OF GIFTS AUTHOR-
ITY. 
Section 2601a of title 10, United States Code, is 
amended— 
(1) in subsection (b)— 
(A) by striking ‘‘or’’ at the end of para-
graph (1); 
(B) by redesignating paragraph (2) as 
paragraph (3); and 
(C) by inserting after paragraph (1) the 
following new paragraph:
217 
‘‘(2) in an operation or area designated as a 
combat operation or a combat zone, respectively, by 
the Secretary of Defense in accordance with the reg-
ulations prescribed under subsection (a); or’’; 
(2) in subsection (c), by striking ‘‘paragraph 
(1) or (2) of subsection (c)’’ and inserting ‘‘para-
graph (1), (2) or (3) of subsection (b)’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(e) RETROACTIVE
APPLICATION
OF
REGULA-
TIONS.—To the extent provided in the regulations issued 
under subsection (a), the regulations shall also apply to 
the acceptance of gifts for injuries or illnesses incurred 
on or after September 11, 2001, through the effective date 
of the regulations.’’. 
SEC. 533. ADDITIONAL CONDITION ON REPEAL OF DON’T 
ASK, DON’T TELL POLICY. 
Effective as of December 22, 2010, and as if included 
therein as enacted, section 2(b) of Public Law 111–321 
(124 Stat. 3516) is amended by adding at the end the 
following new paragraph: 
‘‘(3) The Chief of Staff of the Army, the Chief 
of Naval Operations, the Commandant of the Marine 
Corps, and the Chief of Staff of the Air Force each 
submit to the congressional defense committees the
218 
officer’s written certification that repeal of section 
654 of title 10, United States Code, will not degrade 
the readiness, effectiveness, cohesion, and morale of 
combat arms units and personnel of the Armed 
Force under the officer’s jurisdiction engaged in 
combat, deployed to a combat theater, or preparing 
for deployment to a combat theater.’’. 
SEC. 534. MILITARY REGULATIONS REGARDING MARRIAGE. 
Congress reaffirms the policy of section 3 of the De-
fense of Marriage Act, codified as section 7 of title 1, 
United States Code. In determining the meaning of any 
Act of Congress, or of any ruling, regulation, or interpre-
tation of the Department of Defense applicable to mem-
bers of the Armed Forces or civilian employees of the De-
partment of Defense, the word ‘‘marriage’’ means only a 
legal union between one man and one woman as husband 
and wife, and the word ‘‘spouse’’ refers only to a person 
of the opposite sex who is a husband or a wife. 
SEC. 535. USE OF MILITARY INSTALLATIONS AS SITE FOR 
MARRIAGE CEREMONIES AND PARTICIPA-
TION OF CHAPLAINS AND OTHER MILITARY 
AND CIVILIAN PERSONNEL IN THEIR OFFI-
CIAL CAPACITY. 
(a) LIMITATION ON USE.—A military installation or 
other property under the jurisdiction of the Department
219 
of Defense may be used as the site for a marriage cere-
mony only if the marriage complies with the definition of 
marriage in section 7 of title 1, United States Code. 
(b) LIMITATION ON PARTICIPATION.—A member of 
the Armed Forces, including a chaplain, or civilian em-
ployee of the Department of Defense acting in an official 
capacity may assist in or perform a marriage ceremony 
only if the marriage complies with the definition of mar-
riage in section 7 of title 1, United States Code. 
Subtitle E—Member Education and 
Training Opportunities and Ad-
ministration 
SEC. 541. IMPROVED ACCESS TO APPRENTICESHIP PRO-
GRAMS 
FOR 
MEMBERS 
OF 
THE 
ARMED 
FORCES WHO ARE BEING SEPARATED FROM 
ACTIVE DUTY OR RETIRED. 
Section 1144 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(e) PARTICIPATION
IN
APPRENTICESHIP
PRO-
GRAMS.—As part of the program carried out under this 
section, the Secretary concerned may permit a member of 
the armed forces eligible for assistance under the program 
to participate in an apprenticeship program that provides
220 
employment skills training and assists members in 
transitioning into new careers in civilian life.’’. 
SEC. 542. EXPANSION OF RESERVE HEALTH PROFES-
SIONALS STIPEND PROGRAM TO INCLUDE 
STUDENTS IN MENTAL HEALTH DEGREE PRO-
GRAMS IN CRITICAL WARTIME SPECIALTIES. 
(a) RESERVE COMPONENT MENTAL HEALTH STU-
DENT STIPEND.—Section 16201 of title 10, United States 
Code, is amended— 
(1) by redesignating subsection (f) as sub-
section (g); and 
(2) by inserting after subsection (e) the fol-
lowing new subsection (f): 
‘‘(f) MENTAL HEALTH STUDENTS IN CRITICAL WAR-
TIME SPECIALTIES.—(1) Under the stipend program 
under this chapter, the Secretary of the military depart-
ment concerned may enter into an agreement with a per-
son who— 
‘‘(A) is eligible to be appointed as an officer in 
a reserve component; 
‘‘(B) is enrolled or has been accepted for enroll-
ment in an institution in a course of study that re-
sults in a degree in clinical psychology or social 
work;
221 
‘‘(C) signs an agreement that, unless sooner 
separated, the person will— 
‘‘(i) complete the educational phase of the 
program; 
‘‘(ii) accept a reappointment or redesigna-
tion within the person’s reserve component, if 
tendered, based upon the person’s health pro-
fession, following satisfactory completion of the 
educational and intern programs; and 
‘‘(iii) participate in a residency program if 
required for clinical licensure. 
‘‘(2) Under the agreement— 
‘‘(A) the Secretary of the military department 
concerned shall agree to pay the participant a sti-
pend, in an amount determined under subsection 
(g), for the period or the remainder of the period 
that the student is satisfactorily progressing toward 
a degree in clinical psychology or social work while 
enrolled in a school accredited in the designated 
mental health discipline; 
‘‘(B) the participant shall not be eligible to re-
ceive such stipend before appointment, designation, 
or assignment as an officer for service in the Ready 
Reserve;
223 
‘‘§ 9314b. United States Air Force Institute of Tech-
nology: administration 
‘‘(a) COMMANDANT.— 
‘‘(1) SELECTION.—The Commandant of the 
United States Air Force Institute of Technology 
shall be selected by the Secretary of the Air Force. 
‘‘(2) ELIGIBILITY.—The Commandant shall be 
one of the following: 
‘‘(A) ACTIVE-DUTY OFFICERS.—An active- 
duty officer of the Air Force in a grade not 
below the grade of colonel, who is assigned or 
detailed to such position. 
‘‘(B) CIVILIANS.—A civilian individual, in-
cluding an individual who was retired from the 
Air Force in a grade not below brigadier gen-
eral, who has the qualifications appropriate to 
the position of Commandant and is selected by 
the Secretary as the best qualified from among 
candidates for the position in accordance 
with— 
‘‘(i) the criteria specified in paragraph 
(5); 
‘‘(ii) a process determined by the Sec-
retary; and 
‘‘(iii) other factors the Secretary con-
siders relevant.
224 
‘‘(3) CONSULTATION
OF
RELEVANT
INDIVID-
UALS.—Before making an assignment, detail, or se-
lection of an individual for the position of Com-
mandant, the Secretary shall— 
‘‘(A) consult with the Air Force Institute 
of Technology Subcommittee of the Air Univer-
sity Board of Visitors; 
‘‘(B) consider any recommendation of the 
leadership and faculty of the Air Force Insti-
tute of Technology regarding the assignment or 
selection to that position; and 
‘‘(C) consider the recommendations of the 
Air Force Chief of Staff. 
‘‘(4) FIVE
YEAR
TERM
FOR
CIVILIAN
COM-
MANDANT.—An individual selected for the position 
of Commandant under paragraph (1)(B) 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. 
‘‘(5) RELEVANT QUALIFICATIONS.—The quali-
fications appropriate for selection of an individual 
for detail or assignment to the position of Com-
mandant include the following: 
‘‘(A) An academic degree that is either—
225 
‘‘(i) a doctorate degree in a field of 
study relevant to the mission and function 
of the Air Force Institute of Technology; 
or 
‘‘(ii) a master’s degree in a field of 
study relevant to the mission and function 
of the Air Force Institute of Technology, 
but only if— 
‘‘(I) the individual is an active- 
duty or retired officer of the Air 
Force in a grade not below the grade 
of brigadier general; and 
‘‘(II) at the time of the selection 
of that individual as Commandant, 
the individual permanently appointed 
to the position of Provost and Aca-
demic Dean has a doctorate degree in 
a field of study relevant to the mission 
and function of the Air Force Insti-
tute of Technology. 
‘‘(B) A comprehensive understanding of 
the Department of the Air Force, the Depart-
ment of Defense, and joint and combined oper-
ations.
226 
‘‘(C) Leadership experience at the senior 
level in a large and diverse organization. 
‘‘(D) Demonstrated ability to foster and 
encourage a program of research in order to 
sustain academic excellence. 
‘‘(E) Other qualifications, as determined 
by the Secretary. 
‘‘(6) SUPPORT.—The Secretary shall detail offi-
cers of the Air Force of appropriate grades and 
qualifications to assist the Commandant in— 
‘‘(A) the advanced instruction and profes-
sional and technical education of students and 
the provision of research opportunities for stu-
dents; and 
‘‘(B) the administration of the Air Force 
Institute of Technology. 
‘‘(b) PROVOST AND ACADEMIC DEAN.— 
‘‘(1) IN GENERAL.—There is established at the 
Air Force Institute of Technology the civilian posi-
tion of Provost and Academic Dean. 
‘‘(2) APPOINTMENT.— 
‘‘(A) 
APPOINTMENT
BY
THE
SEC-
RETARY.—The Provost and Academic Dean 
shall be appointed by the Secretary for a term 
of five years.
227 
‘‘(B) CONSULTATION.—Before making an 
appointment to the position of Provost and 
Academic Dean, the Secretary shall consult 
with the Air Force Institute of Technology Sub-
committee of the Air University Board of Visi-
tors and shall consider any recommendation of 
the leadership and faculty of the Air Force In-
stitute of Technology regarding an appointment 
to that position. 
‘‘(3) COMPENSATION.—The Provost and Aca-
demic Dean is entitled to such compensation as the 
Secretary prescribes, but not more than the rate of 
compensation authorized for level IV of the Execu-
tive Schedule. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) COMMANDANT.—The term ‘Commandant’ 
means the Commandant of the Air Force Institute 
of Technology. 
‘‘(2) SECRETARY.—The term ‘Secretary’ means 
the Secretary of the Air Force.’’. 
(b) TREATMENT OF CURRENT COMMANDANT.—The 
officer who is serving as Commandant of the United 
States Air Force Institute of Technology at the time of 
the enactment of this Act may serve as acting Com-
mandant until the appointment of a Commandant in ac-
228 
cordance with section 9314b of title 10, United States 
Code, as added by subsection (a). 
(c) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter 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. 544. APPOINTMENTS TO MILITARY SERVICE ACAD-
EMIES FROM NOMINATIONS MADE BY THE 
GOVERNOR OF PUERTO RICO. 
(a) UNITED STATES MILITARY ACADEMY.—Section 
4342(a)(7) of title 10, United States Code, is amended— 
(1) by striking ‘‘Six’’ and inserting ‘‘Eight’’; 
and 
(2) by striking ‘‘one who is a native’’ and in-
serting ‘‘three who are natives’’. 
(b) UNITED STATES NAVAL ACADEMY.—Section 
6954(a)(7) of title 10, United States Code, is amended— 
(1) by striking ‘‘Six’’ and inserting ‘‘Eight’’; 
and 
(2) by striking ‘‘one who is a native’’ and in-
serting ‘‘three who are natives’’. 
(c) UNITED STATES AIR FORCE ACADEMY.—Section 
9342(a)(7) of title 10, United States Code, is amended— 
(1) by striking ‘‘Six’’ and inserting ‘‘Eight’’; 
and
229 
(2) by striking ‘‘one who is a native’’ and in-
serting ‘‘three who are natives’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to the nomination of 
candidates for appointment to the United States Military 
Academy, the United States Naval Academy, and the 
United States Air Force Academy for classes entering 
these military service academies after the date of the en-
actment of this Act. 
SEC. 545. TEMPORARY AUTHORITY TO WAIVE MAXIMUM 
AGE LIMITATION ON ADMISSION TO UNITED 
STATES MILITARY ACADEMY, UNITED STATES 
NAVAL ACADEMY, AND UNITED STATES AIR 
FORCE ACADEMY. 
(a) WAIVER FOR CERTAIN ENLISTED MEMBERS.— 
The Secretary of the military department concerned may 
waive the maximum age limitation specified in section 
4346(a), 6958(a)(1), or 9346(a) of title 10, United States 
Code, for the admission of an enlisted member of the 
Armed Forces to the United States Military Academy, the 
United States Naval Academy, or the United States Air 
Force Academy if the member— 
(1) satisfies the eligibility requirements for ad-
mission to that academy (other than the maximum 
age limitation); and
230 
(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) WAIVER FOR EXCEPTIONAL CANDIDATES.—The 
Secretary of the military department concerned may waive 
the maximum age limitation specified in such sections for 
the admission of a candidate to the United States Military 
Academy, the United States Naval Academy, or the 
United States Air Force Academy if the candidate— 
(1) satisfies the eligibility requirements for ad-
mission to that academy (other than the maximum 
age limitation); and 
(2) possesses an exceptional overall record that 
the Secretary concerned determines sets the can-
didate apart from all other candidates. 
(c) MAXIMUM AGE FOR RECEIPT OF WAIVER.—A 
waiver may not be granted under this section if the can-
didate would pass the candidate’s twenty-sixth birthday by 
July 1 of the year in which the candidate would enter the 
military service academy. 
(d) LIMITATION
ON NUMBER ADMITTED USING 
WAIVER.—No more than five candidates may be admitted
231 
to each of the military service academies for an academic 
year pursuant to a waiver granted under this section. 
(e) RECORD KEEPING REQUIREMENT.—The Sec-
retary of each military department shall maintain records 
on the number of graduates of the military service acad-
emy under the jurisdiction of the Secretary who are admit-
ted 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 Sec-
retary shall compare their retention rate to the retention 
rate of graduates of that academy generally. 
(f) REPORTING
REQUIREMENT.—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 speci-
fying— 
(1) the number of applications for waivers re-
ceived by the Secretary under subsection (a) and 
under subsection (b); 
(2) the number of waivers granted by the Sec-
retary, including whether the waiver was granted 
under subsection (a) or (b); 
(3) the number of candidates actually admitted 
to the military service academy under the jurisdic-
232 
tion of the Secretary pursuant to a waiver granted 
by the Secretary under this section; and 
(4) beginning with the class of 2009, the num-
ber of graduates of the military service academy 
under the jurisdiction of the Secretary who, before 
admission to that academy, were enlisted members 
of the Armed Forces and who remain in the Armed 
Forces beyond the active duty service obligation as-
sumed upon graduation. 
(g) DURATION OF WAIVER AUTHORITY.—The au-
thority to grant a waiver under this section expires on 
September 30, 2016. 
SEC. 546. EDUCATION AND EMPLOYMENT ADVOCACY PRO-
GRAM FOR WOUNDED MEMBERS OF THE 
ARMED FORCES. 
(a) PROGRAM AUTHORIZED; FUNDING SOURCE.—In 
the budget submitted to Congress under section 1105 of 
title 31, United States Code, for fiscal year 2012, the 
President requested $ 2,201,964 for Operation & Mainte-
nance, Defense-wide, Budget Activity 04, Administrative 
and Service-Wide Activities, Office of the Secretary of De-
fense. Of the amounts authorized to be appropriated by 
section 301, as specified in the corresponding funding 
table in division D, the Secretary of the Defense shall obli-
gate an additional $15,000,000 for purpose of an edu-
233 
cation and employment advocacy pilot program to engage 
wounded members of the Armed Forces early in their re-
covery. The Secretary may award grants to, or enter into 
contracts and cooperative agreements with, organizations, 
which may include non-profit organizations, that the Sec-
retary determines are eligible to assist in planning, devel-
oping, managing, and implementing the pilot program. 
(b) MERIT-BASED OR COMPETITIVE DECISIONS.—A 
decision to commit, obligate, or expend funds referred to 
in the second sentence of subsection (a) with or to a spe-
cific entity shall— 
(1) be based on merit-based selection proce-
dures in accordance with the requirements of sec-
tions 2304(k) and 2374 of title 10, United States 
Code, or on competitive procedures; and 
(2) comply with other applicable provisions of 
law. 
SEC. 547. REPORT ON TUITION ASSISTANCE PROGRAM FOR 
OFF-DUTY TRAINING OR EDUCATION. 
Not later than 270 days after the date of the enact-
ment 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 tuition assistance program under sec-
234 
tion 2007 of title 10, United States Code. Such report 
shall include— 
(1) a description of the effect of the program 
on recruiting and retention within the Armed 
Forces; 
(2) an analysis of other programs that provide 
benefits similar to those provided through the pro-
gram, including the use of educational assistance 
programs under chapters 30 and 33 of title 38, 
United States Code, for education and training pur-
sued by members of the Armed Forces serving on 
active duty while they are off-duty; and 
(3) a description of the effects of modifying the 
program to require members of the Armed Forces 
participating in the program to pay for 25 percent 
of their education expenses and the Secretary con-
cerned to pay the remaining 75 percent of such ex-
penses. 
SEC. 548. TROOPS-TO-TEACHERS PROGRAM. 
(a) TRANSFER OF FUNCTIONS.—The responsibility 
and authority for operation and administration of the 
Troops-to-Teachers Program is transferred from the Sec-
retary of Education to the Secretary of Defense. 
(b) ENACTMENT AND MODIFICATION OF PROGRAM 
AUTHORITY IN TITLE 10, UNITED STATES CODE.—
235 
(1) IN
GENERAL.—Chapter 58 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 1154. Assistance to eligible members to obtain em-
ployment as teachers: Troops-to-Teachers 
Program 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) PROGRAM.—The term ‘Program’ means 
the Troops-to-Teachers Program authorized by this 
section. 
‘‘(2) CHARTER
SCHOOL.—The term ‘charter 
school’ has the meaning given that term in section 
5210 of the Elementary and Secondary Education 
Act of 1965 (20 U.S.C. 7221i). 
‘‘(3) ADDITIONAL TERMS.—The terms ‘elemen-
tary school’, ‘highly qualified teacher’, ‘local edu-
cational agency’, ‘secondary school’, and ‘State’ have 
the meanings given those terms in section 9101 of 
the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 7801). 
‘‘(b) PROGRAM AUTHORIZATION.—The Secretary of 
Defense may carry out a program (to be known as the 
‘Troops-to-Teachers Program’)— 
‘‘(1) to assist eligible members of the armed 
forces described in subsection (c) to obtain certifi-
236 
cation or licensing as elementary school teachers, 
secondary school teachers, or vocational or technical 
teachers, and to become highly qualified teachers; 
and 
‘‘(2) to facilitate the employment of such mem-
bers— 
‘‘(A) by local educational agencies or pub-
lic charter schools that the Secretary of Edu-
cation identifies as— 
‘‘(i) receiving grants under part A of 
title I of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311 et 
seq.) as a result of having within their ju-
risdictions concentrations of children from 
low-income families; 
‘‘(ii) experiencing a shortage of highly 
qualified teachers, in particular a shortage 
of science, mathematics, special education, 
or vocational or technical teachers; or 
‘‘(iii) a Bureau-funded school (as such 
term is defined in section 1141 of the Edu-
cation Amendments of 1978 (25 U.S.C. 
2021)); and 
‘‘(B) in elementary schools or secondary 
schools, or as vocational or technical teachers.
237 
‘‘(c) ELIGIBILITY AND APPLICATION PROCESS.— 
‘‘(1) ELIGIBLE MEMBERS.—The following mem-
bers of the armed forces are eligible for selection to 
participate in the Program: 
‘‘(A) Any member who— 
‘‘(i) on or after the date of the enact-
ment of the National Defense Authoriza-
tion Act for Fiscal Year 2011, becomes en-
titled to retired or retainer pay under this 
title or title 14; 
‘‘(ii) has an approved date of retire-
ment that is within one year after the date 
on which the member submits an applica-
tion to participate in the Program; or 
‘‘(iii) transfers to the Retired Reserve. 
‘‘(B) Any member who, on or after the 
date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2011— 
‘‘(i)(I) is separated or released from 
active duty after 4 or more years of contin-
uous active duty immediately before the 
separation or release; or 
‘‘(II) has completed a total of at least 
ten years of active duty service, 10 years 
of service computed under section 12732 of
238 
this title, or 10 years of any combination 
of such service; and 
‘‘(ii) executes a reserve commitment 
agreement for a period of not less than 3 
years under paragraph (5)(B). 
‘‘(C) Any member who, on or after the 
date of the enactment of the National Defense 
Authorization Act for Fiscal Year 2011, is re-
tired or separated for physical disability under 
chapter 61 of this title. 
‘‘(2) SUBMITTAL OF APPLICATIONS.—(A) Selec-
tion of eligible members of the armed forces to par-
ticipate in the Program shall be made on the basis 
of applications submitted to the Secretary. An appli-
cation shall be in such form and contain such infor-
mation as the Secretary may require. 
‘‘(B) An application may be considered to be 
submitted on a timely basis under subparagraph 
(A)(i), (B), or (C) of paragraph (1) if the applica-
tion is submitted not later than 2 years after the 
date on which the member is retired or separated or 
released from active duty, whichever applies to the 
member. 
‘‘(3) 
SELECTION
CRITERIA; 
EDUCATIONAL 
BACKGROUND
REQUIREMENTS
AND
HONORABLE
239 
SERVICE REQUIREMENT.—(A) Subject to subpara-
graphs (B) and (C), the Secretary shall prescribe 
the criteria to be used to select eligible members of 
the armed forces to participate in the Program. 
‘‘(B)(i) If a member of the armed forces is ap-
plying for assistance for placement as an elementary 
school or secondary school teacher, the Secretary 
shall require the member to have received a bacca-
laureate or advanced degree from an accredited in-
stitution of higher education. 
‘‘(ii) If a member of the armed forces is apply-
ing for assistance for placement as a vocational or 
technical teacher, the Secretary shall require the 
member— 
‘‘(I) to have received the equivalent of one 
year of college from an accredited institution of 
higher education and have 3 or more years of 
military experience in a vocational or technical 
field; or 
‘‘(II) to otherwise meet the certification or 
licensing requirements for a vocational or tech-
nical teacher in the State in which the member 
seeks assistance for placement under the Pro-
gram.
240 
‘‘(C) A member of the armed forces is eligible 
to participate in the Program only if the member’s 
last period of service in the armed forces was honor-
able, as characterized by the Secretary concerned. A 
member selected to participate in the Program be-
fore the retirement of the member or the separation 
or release of the member from active duty may con-
tinue to participate in the Program after the retire-
ment, separation, or release only if the member’s 
last period of service is characterized as honorable 
by the Secretary concerned. 
‘‘(4) SELECTION PRIORITIES.—In selecting eli-
gible members of the armed forces to receive assist-
ance under the Program, the Secretary shall give 
priority to members who— 
‘‘(A) have educational or military experi-
ence in science, mathematics, special education, 
or vocational or technical subjects; and 
‘‘(B) agree to seek employment as science, 
mathematics, or special education teachers in 
elementary schools or secondary schools or in 
other schools under the jurisdiction of a local 
educational agency. 
‘‘(5) OTHER CONDITIONS ON SELECTION.—(A) 
The Secretary may not select an eligible member of
241 
the armed forces to participate in the Program and 
receive financial assistance unless the Secretary has 
sufficient appropriations for the Program available 
at the time of the selection to satisfy the obligations 
to be incurred by the United States under subsection 
(d) with respect to the member. 
‘‘(B) The Secretary may not select an eligible 
member of the armed forces described in paragraph 
(1)(B)(i) to participate in the Program under this 
section and receive financial assistance under sub-
section (d) unless the member executes a written 
agreement to serve as a member of the Selected Re-
serve of a reserve component of the armed forces for 
a period of not less than 3 years (in addition to any 
other reserve commitment the member may have). 
‘‘(d) PARTICIPATION AGREEMENT AND FINANCIAL 
ASSISTANCE.— 
‘‘(1) PARTICIPATION AGREEMENT.—(A) An eli-
gible member of the armed forces selected to partici-
pate in the Program under subsection (c) and re-
ceive financial assistance under this subsection shall 
be required to enter into an agreement with the Sec-
retary in which the member agrees— 
‘‘(i) within such time as the Secretary may 
require, to obtain certification or licensing as an
242 
elementary school teacher, secondary school 
teacher, or vocational or technical teacher, and 
to become a highly qualified teacher; and 
‘‘(ii) to accept an offer of full-time employ-
ment as an elementary school teacher, sec-
ondary school teacher, or vocational or technical 
teacher for not less than three school years with 
a local educational agency receiving grants 
under part A of title I of the Elementary and 
Secondary 
Education 
Act 
of 
1965 
(20 
U.S.C.6311 et seq.), a Bureau-funded school 
(as such term is defined in section 1141 of the 
Education Amendments of 1978 (25 U.S.C. 11 
2021)), or a public charter school. 
‘‘(B) The Secretary may waive the three-year 
commitment described in subparagraph (A)(ii) for a 
participant if the Secretary determines the waiver to 
be appropriate. If the Secretary provides the waiver, 
the participant shall not be considered to be in viola-
tion of the agreement and shall not be required to 
provide reimbursement under subsection (e), for fail-
ure to meet the three-year commitment. 
‘‘(2) VIOLATION
OF
PARTICIPATION
AGREE-
MENT; EXCEPTIONS.—A participant in the Program 
shall not be considered to be in violation of the par-
243 
ticipation agreement entered into under paragraph 
(1) during any period in which the participant— 
‘‘(A) is pursuing a full-time course of 
study related to the field of teaching at an in-
stitution of higher education; 
‘‘(B) is serving on active duty as a member 
of the armed forces; 
‘‘(C) is temporarily totally disabled for a 
period of time not to exceed 3 years as estab-
lished by sworn affidavit of a qualified physi-
cian; 
‘‘(D) is unable to secure employment for a 
period not to exceed 12 months by reason of the 
care required by a spouse who is disabled; 
‘‘(E) is a highly qualified teacher who is 
seeking and unable to find full-time employ-
ment as a teacher in an elementary school or 
secondary school or as a vocational or technical 
teacher for a single period not to exceed 27 
months; or 
‘‘(F) satisfies such other criteria as may be 
prescribed by the Secretary. 
‘‘(3) STIPEND FOR PARTICIPANTS.—(A) Subject 
to subparagraph (B), the Secretary may pay to a 
participant in the Program selected under this sec-
244 
tion a stipend in an amount of not more than 
$5,000. 
‘‘(B) The total number of stipends that may be 
paid under subparagraph (A) in any fiscal year may 
not exceed 5,000. 
‘‘(4) BONUS FOR PARTICIPANTS.—(A) Subject 
to subparagraph (B), the Secretary may, in lieu of 
paying a stipend under paragraph (3), pay a bonus 
of $10,000 to a participant in the Program selected 
under this section who agrees in the participation 
agreement under paragraph (1) to become a highly 
qualified teacher and to accept full-time employment 
as an elementary school teacher, secondary school 
teacher, or vocational or technical teacher for not 
less than 3 school years in a high-need school. 
‘‘(B) The total number of bonuses that may be 
paid under subparagraph (A) in any fiscal year may 
not exceed 3,000. 
‘‘(C) For purposes of subparagraph (A), the 
term ‘high-need school’ means a public elementary 
school, public secondary school, or public charter 
school that meets one or more of the following cri-
teria:
245 
‘‘(i) At least 50 percent of the students en-
rolled in the school were from low-income fami-
lies (as described in subsection (b)(2)(A)(i)). 
‘‘(ii) The school has a large percentage of 
students who qualify for assistance under part 
B of the Individuals with Disabilities Education 
Act (20 U.S.C. 1411 et seq.). 
‘‘(5) TREATMENT OF STIPEND AND BONUS.—A 
stipend or bonus paid under this subsection to a 
participant in the Program shall be taken into ac-
count in determining the eligibility of the participant 
for Federal student financial assistance provided 
under title IV of the Higher Education Act of 1965 
(20 U.S.C. 1070 et seq.). 
‘‘(e) 
REIMBURSEMENT
UNDER
CERTAIN
CIR-
CUMSTANCES.— 
‘‘(1) REIMBURSEMENT REQUIRED.—A partici-
pant in the Program who is paid a stipend or bonus 
under subsection (d) shall be required to repay the 
stipend or bonus under the following circumstances: 
‘‘(A) The participant fails to obtain teach-
er certification or licensing, to become a highly 
qualified teacher, or to obtain employment as 
an elementary school teacher, secondary school 
teacher, or vocational or technical teacher as re-
246 
quired by the participation agreement under 
subsection (d)(1). 
‘‘(B) The participant voluntarily leaves, or 
is terminated for cause from, employment as an 
elementary school teacher, secondary school 
teacher, or vocational or technical teacher dur-
ing the 3 years of required service in violation 
of the participation agreement. 
‘‘(C) The participant executed a written 
agreement with the Secretary concerned under 
subsection (c)(5)(B) to serve as a member of a 
reserve component of the armed forces for a pe-
riod of 3 years and fails to complete the re-
quired term of service. 
‘‘(2) AMOUNT OF REIMBURSEMENT.—A partici-
pant required to reimburse the Secretary for a sti-
pend or bonus paid to the participant under sub-
section (d) shall pay an amount that bears the same 
ratio to the amount of the stipend or bonus as the 
unserved portion of required service bears to the 
three years of required service. Any amount owed by 
the participant shall bear interest at the rate equal 
to the highest rate being paid by the United States 
on the day on which the reimbursement is deter-
mined to be due for securities having maturities of
247 
90 days or less and shall accrue from the day on 
which the participant is first notified of the amount 
due. 
‘‘(3) TREATMENT OF OBLIGATION.—The obliga-
tion to reimburse the Secretary under this sub-
section is, for all purposes, a debt owing the United 
States. A discharge in bankruptcy under title 11 
shall not release a participant from the obligation to 
reimburse the Secretary under this subsection. 
‘‘(4) EXCEPTIONS
TO
REIMBURSEMENT
RE-
QUIREMENT.—A participant shall be excused from 
reimbursement under this subsection if the partici-
pant becomes permanently totally disabled as estab-
lished by sworn affidavit of a qualified physician. 
The Secretary may also waive the reimbursement in 
cases of extreme hardship to the participant, as de-
termined by the Secretary. 
‘‘(f) RELATIONSHIP TO EDUCATIONAL ASSISTANCE 
UNDER MONTGOMERY GI BILL.—The receipt by a partic-
ipant in the Program of a stipend or bonus under this 
subsection (d) shall not reduce or otherwise affect the enti-
tlement of the participant to any benefits under chapter 
30 or 33 of title 38 or chapter 1606 of this title. 
‘‘(g) PARTICIPATION BY STATES.—
248 
‘‘(1) 
DISCHARGE
OF
STATE
ACTIVITIES 
THROUGH CONSORTIA OF STATES.—The Secretary 
may permit States participating in the Program to 
carry out activities authorized for such States under 
the Program through one or more consortia of such 
States. 
‘‘(2) ASSISTANCE TO STATES.—(A) Subject to 
subparagraph (B), the Secretary may make grants 
to States participating in the Program, or to con-
sortia of such States, in order to permit such States 
or consortia of States to operate offices for purposes 
of recruiting eligible members of the armed forces 
for participation in the Program and facilitating the 
employment of participants in the Program as ele-
mentary school teachers, secondary school teachers, 
and vocational or technical teachers. 
‘‘(B) The total amount of grants made under 
subparagraph (A) in any fiscal year may not exceed 
$5,000,000.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 58 of such title is 
amended by adding at the end the following new 
item: 
‘‘1154. Assistance to eligible members to obtain employment as teachers: 
Troops-to-Teachers Program.’’.
249 
(3) 
CONFORMING
AMENDMENT.—Section 
1142(b) (4)(C) of such title is amended by striking 
‘‘under sections 1152 and 1153 of this title and the 
Troops-to-Teachers Program under section 2302 of 
the Elementary and Secondary Education Act of 
1965 (20 U.S.C. 6672)’’ and inserting ‘‘under sec-
tions 1152, 1153, and 1154 of this title’’. 
(4) TERMINATION OF ORIGINAL PROGRAM.— 
(A) TERMINATION.— 
(i) Chapter A of subpart 1 of part C 
of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 6671 et 
seq.) is repealed. 
(ii) The table of contents in section 2 
of part I of the Elementary and Secondary 
Education Act 1965 is amended by strik-
ing the items relating to chapter A of sub-
part 1 of part C of such Act. 
(B) EXISTING AGREEMENTS.—The repeal 
of such chapter shall not affect the validity or 
terms of any agreement entered into before the 
date of the enactment of this Act under chapter 
A of subpart 1 of part C of the Elementary and 
Secondary Education Act of 1965 (20 U.S.C. 
6671 et seq.), or to pay assistance, make
250 
grants, or obtain reimbursement in connection 
with such an agreement as in effect before such 
repeal. 
(c) ADVISORY BOARD.— 
(1) ESTABLISHMENT.—Not later than 120 days 
after the date of the enactment of this Act, the Sec-
retary of Defense, in consultation with the Secretary 
of Education, shall establish an Advisory Board 
composed of— 
(A) a representative from the Defense Ac-
tivity for Non-Traditional Education Support 
Division of the Department of Defense; 
(B) a representative from the Department 
of Innovation and Improvement of the Depart-
ment of Education; 
(C) a representatives from three State of-
fices that operate to recruit eligible members of 
the Armed Forces for participation in the 
Troops-to-Teachers Program and facilitating 
the employment of participants in the Program 
as elementary school teachers, secondary school 
teachers, and vocational or technical teachers; 
and 
(D) a representative from each of three 
veteran service organizations.
251 
(2) DUTIES.—The Advisory Board established 
under this subsection shall— 
(A) collect, consider, and disseminate feed-
back from participants and State offices de-
scribed in paragraph (1)(C) on— 
(i) the best practices for improving re-
cruitment of eligible members of the 
Armed Forces in States, local educational 
agencies, and public charter schools under 
served by the Troops-to-Teachers Program; 
(ii) ensuring that high-need local edu-
cational 
agencies 
and 
public 
charter 
schools are aware of the Program and how 
to participate in it; 
(iii) coordinating the goals of the Pro-
gram with other Federal, State, and local 
education needs and programs; and 
(iv) other activities that the Advisory 
Board deems necessary; and 
(B) not later than one year after the date 
of the enactment of this Act, and annually 
thereafter, prepare and submit a report to the 
appropriate committees of Congress, which shall 
include—
252 
(i) information with respect to the ac-
tivities of the Advisory Board; 
(ii) information with respect to the 
Troops-to-Teachers Program, including— 
(I) the number of participants in 
the Program; 
(II) the number of States partici-
pating in the Program; 
(III) local educational agencies 
and schools in where participants are 
employed; 
(IV) the grade levels at which 
participants teach; 
(V) the academic subjects taught 
by participants; 
(VI) rates of retention of partici-
pants by the local educational agen-
cies and public charter schools em-
ploying participant; 
(VII) other demographic informa-
tion as may be necessary to evaluate 
the effectiveness of the Program; and 
(VIII) a review of the stipend 
and bonus available to participants 
under the Program; and
253 
(iii) recommendations for— 
(I) improvements to local, State, 
and Federal recruitment and retention 
efforts; 
(II) legislative or executive policy 
changes to improve the Program, en-
hance participant experience, and in-
crease participation in the program; 
and 
(III) other changes necessary to 
ensure that the Program is meeting 
its purposes. 
(d) DEFINITIONS.—In this section 
(1) The term ‘‘appropriate committees of Con-
gress’’ 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 Labor of the House of Rep-
resentatives. 
(2) The term ‘‘Troops-to-Teachers Program’’ 
means the Troops-to-Teachers Program under sec-
tion 1154 of title 10, United States Code (as added 
by subsection (b)), as authorized before October 1,
254 
2011, 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.). 
(e) EFFECTIVE
DATE.—Subsection (a) and the 
amendments made by subsection (b) shall take effect on 
October 1, 2011. 
SEC. 549. DIVERSITY RECRUITMENT EFFORTS FOR THE 
MILITARY SERVICE ACADEMIES. 
(a) FUNDS
FOR
DIVERSITY
RECRUITMENT
EF-
FORTS.—The amounts authorized to be appropriated by 
section 301 for operation and maintenance for the Army, 
Navy, and Air Force for officer acquisition, as specified 
in the corresponding funding table in section 4301, are 
each increased by $1,400,000 to expand diversity recruit-
ment efforts for the United States Military Academy, the 
United States Naval Academy, and the United States Air 
Force Academy. 
(b) OFFSET FROM JOINT TACTICAL RADIO SYS-
TEM.—Notwithstanding the amounts set forth in the 
funding tables in division D, the amount authorized to be 
appropriated in section 101 for other procurement, Air 
Force, as specified in the corresponding funding table in 
division D, is hereby reduced by $4,200,000, with the 
amount of the reduction to be derived from Joint Tactical 
Radio System Maritime-Fixed radios under Line 049 Tac-
255 
tical Communications-Electronic Equipment as set forth 
in the table under section 4101. 
(c) MERIT-BASED OR COMPETITIVE DECISIONS.—A 
decision to commit, obligate, or expend funds referred to 
in subsection (a) with or to a specific entity shall— 
(1) be based on merit-based selection proce-
dures in accordance with the requirements of sec-
tions 2304(k) and 2374 of title 10, United States 
Code, or on competitive procedures; and 
(2) comply with other applicable provisions of 
law. 
Subtitle F—Army National Military 
Cemeteries 
SEC. 551. ARMY NATIONAL MILITARY CEMETERIES. 
(a) MANAGEMENT RESPONSIBILITIES
AND OVER-
SIGHT.—Title 10, United States Code, is amended by in-
serting after chapter 445 the following new chapter: 
‘‘CHAPTER 446—ARMY NATIONAL 
MILITARY CEMETERIES 
‘‘Sec. 
‘‘4721. Authority and responsibilities of the Secretary of the Army. 
‘‘4722. Interment and inurnment policy. 
‘‘4723. Advisory committee on Arlington National Cemetery. 
‘‘4724. Executive Director. 
‘‘4725. Superintendents. 
‘‘4726. Oversight and inspections.
256 
‘‘§ 4721. Authority and responsibilities of the Sec-
retary of the Army 
‘‘(a) GENERAL AUTHORITY.—The Secretary of the 
Army shall develop, operate, manage, administer, oversee, 
and fund the Army National Military Cemeteries specified 
in subsection (b) in a manner and to standards that fully 
honor the service and sacrifices of the deceased members 
of the armed forces buried or inurned in the Cemeteries. 
‘‘(b) ARMY NATIONAL MILITARY CEMETERIES.—The 
Army National Military Cemeteries (in this chapter re-
ferred to as the ‘Cemeteries’) consist of the following: 
‘‘(1) Arlington National Cemetery in Arlington, 
Virginia. 
‘‘(2) The United States Soldiers’ and Airmen’s 
Home National Cemetery in the District of Colom-
bia. 
‘‘(c) ADMINISTRATIVE JURISDICTION.—The Ceme-
teries shall be under the jurisdiction of Headquarters, De-
partment of the Army. 
‘‘(d) REGULATIONS
AND OTHER POLICIES.—The 
Secretary of the Army shall prescribe such regulations and 
policies as may be necessary administer the Cemeteries. 
‘‘(e) 
BUDGETARY
AND
REPORTING
REQUIRE-
MENTS.—The Secretary of the Army shall submit to the 
congressional defense committees and the Committees on 
Veterans’ Affairs of the Senate and House of Representa-
257 
tives an annual budget request (and detailed justifications 
for the amount of the request) to fund administration, op-
eration and maintenance, and construction related to the 
Cemeteries. The Secretary may include, as necessary, pro-
posals for new or amended statutory authority related to 
the Cemeteries. 
‘‘§ 4722. Interment and inurnment policy 
‘‘(a) ELIGIBILITY DETERMINATIONS GENERALLY.— 
The Secretary of the Army, with the approval of the Sec-
retary of Defense, shall determine eligibility for interment 
or inurnment in the Cemeteries. 
‘‘(b) REMOVAL OF REMAINS.—Under such regula-
tions as the Secretary of the Army may prescribe under 
section 4721(d) of this title, the Secretary of Defense may 
authorize the removal of the remains of a person described 
in subsection (c) from one of the Cemeteries for re-inter-
ment or re-inurnment if, upon the death of the primary 
person eligible for interment or inurnment in the Ceme-
teries, the deceased primary eligible person will not be bur-
ied in the same or an adjoining grave. 
‘‘(c) COVERED PERSONS.—Except as provided in 
subsection (d), the persons whose remains may be removed 
pursuant to subsection (b) are the deceased spouse, a 
minor child, and, in the discretion of the Secretary of the
258 
Army, an unmarried adult child of a member eligible for 
interment or inurnment in the Cemeteries. 
‘‘(d) EXCEPTIONS.—The remains of a person de-
scribed in subsection (c) may not be removed from one 
of the Cemeteries under subsection (b) if the primary per-
son eligible for burial in the Cemeteries is a person— 
‘‘(1) who is missing in action; 
‘‘(2) whose remains have not been recovered or 
identified; 
‘‘(3) whose remains were buried at sea, whether 
by the choice of the person or otherwise; 
‘‘(4) whose remains were donated to science; or 
‘‘(5) whose remains were cremated and whose 
ashes were scattered without internment of any por-
tion of the ashes. 
‘‘§ 4723. Advisory committee on Arlington National 
Cemetery 
‘‘(a) APPOINTMENT.—The Secretary of the Army 
shall appoint an advisory committee on Arlington National 
Cemetery. 
‘‘(b) ROLE.—The Secretary of the Army shall advise 
and consult with the advisory committee with respect to 
the administration of Arlington National Cemetery, the 
erection of memorials at the cemetery, and master plan-
ning for the cemetery.
259 
‘‘(c) REPORTS AND RECOMMENDATIONS.—The advi-
sory committee shall make periodic reports and rec-
ommendations to the Secretary of the Army. 
‘‘(d) SUBMISSION TO CONGRESS.—Not later than 90 
days after receiving a report or recommendations from the 
advisory committee under subsection (c), the Secretary of 
the Army shall submit the report or recommendations to 
the congressional defense committees and the Committees 
on Veterans’ Affairs of the Senate and House of Rep-
resentatives and include such comments and recommenda-
tions of the Secretary as the Secretary considers appro-
priate. 
‘‘§ 4724. Executive Director 
‘‘(a) APPOINTMENT
AND
QUALIFICATIONS.—(1) 
There shall be an Executive Director of the Army National 
Military Cemeteries who shall meet such professional 
qualifications as may be established by the Secretary of 
the Army. 
‘‘(2) The Executive Director reports directly to the 
Secretary. 
‘‘(b) RESPONSIBILITIES.—The Executive Director is 
responsible for the following: 
‘‘(1) Exercising authority, direction and control 
over all aspects of the Cemeteries.
260 
‘‘(2) Establishing and maintaining full account-
ability for all gravesites and inurnment niches in the 
Cemeteries. 
‘‘(3) Oversight of the construction, operation 
and maintenance, and repair of the buildings, struc-
tures, and utilities of the Cemeteries. 
‘‘(4) Acquisition and maintenance of real prop-
erty and interests in real property for the Ceme-
teries. 
‘‘(5) Planning and conducting private cere-
monies at the Cemeteries, including funeral and me-
morial services for interment and inurnment, and 
planning and conducting public ceremonies, as di-
rected by the Secretary of the Army. 
‘‘(6) Formulating, promulgating, administering, 
and overseeing policies and addressing proposals for 
the placement of memorials and monuments in the 
Cemeteries. 
‘‘(7) Formulating and implementing a master 
plan for Arlington National Cemetery that, at a min-
imum, addresses interment and inurnment capacity, 
visitor accommodation, operation and maintenance, 
capital requirements, preservation of the cemetery’s 
special features, and other matters the Executive Di-
rector considers appropriate.
261 
‘‘(8) Overseeing the programming, planning, 
budgeting, and execution of funds authorized and 
appropriated for the Cemeteries. 
‘‘(9) Supervising the superintendents of the 
Cemeteries. 
‘‘(c) DIGITIZATION OF ARLINGTON NATIONAL CEME-
TERY INTERNMENT AND INURNMENT RECORDS.—(1) Not 
later than June 1, 2012, all records related to internments 
and inurnments at Arlington National Cemetery shall be 
converted to a digitized format. Thereafter, use of the 
digitized format shall be the method by which all subse-
quent records related to internments and inurnments at 
Arlington National Cemetery are preserved and utilized. 
‘‘(2) In this subsection, ‘digitized format’ refers to 
the use of an electronic database for recordkeeping and 
includes the full accounting of all records of each specific 
gravesite and niche location at Arlington National Ceme-
tery and the identification of the individual interred or 
inurned at each specific gravesite and niche location. 
‘‘§ 4725. Superintendents 
‘‘(a) APPOINTMENT AND QUALIFICATIONS.—An indi-
vidual serving as the superintendent of one of the Ceme-
teries should be a retired or former member of the armed 
forces who served honorably and who—
262 
‘‘(1) has experience in the administration, man-
agement, and operation of cemeteries under the ju-
risdiction of the National Cemeteries System admin-
istered by the Department of Veterans Affairs; or 
‘‘(2) as determined by the Secretary of the 
Army, has experience in the administration, manage-
ment, and operation of large civilian cemeteries 
equivalent to the experience described in paragraph 
(1). 
‘‘(b) DUTIES.—The superintendents of the Ceme-
teries report directly to the Executive Director and per-
forms such duties and responsibilities as the Executive Di-
rector prescribes. 
‘‘§ 4726. Oversight and inspections 
‘‘(a) INSPECTIONS REQUIRED.—(1) The Secretary of 
the Army shall provide for the oversight of the Cemeteries 
to ensure the highest quality standards are maintained by 
providing for the periodic inspection of the administration, 
operation and maintenance, and construction elements ap-
plicable to the Cemeteries. Except as provided in para-
graph (2), the inspections shall be conducted by personnel 
of the Department of the Army with the assistance, as 
the Secretary considers appropriate, of personnel from 
other Federal agencies and civilian experts.
263 
‘‘(2) The Inspector General of the Department of De-
fense shall conduct an inspection of the Cemeteries during 
fiscal years 2012 and 2014. 
‘‘(b) SUBMISSION OF RESULTS.—Not later than 120 
days after the completion of an inspection conducted 
under subsection (a), the Secretary of the Army shall sub-
mit to the congressional defense committees a report con-
taining the results of the inspection and recommendations 
and a plan for corrective actions to be taken in response 
to the inspection.’’. 
(b) TABLE OF CHAPTERS.—The table of chapters at 
the beginning of subtitle B of such title and at the begin-
ning of part IV of such subtitle are amended by inserting 
after the item relating to chapter 445 the following new 
item: 
‘‘446. Army National Military Cemeteries ............................................... 4721’’. 
(c) TIME FOR APPOINTMENT AND FIRST MEETING 
OF ADVISORY COMMITTEE
ON ARLINGTON NATIONAL 
CEMETERY.—The advisory committee on Arlington Na-
tional Cemetery required by section 4723 of title 10, 
United States Code, as added by subsection (a), shall be 
appointed by the Secretary of the Army and hold its first 
meeting not later than 30 days after the date of the enact-
ment of this Act.
264 
SEC. 552. INSPECTOR GENERAL OF THE DEPARTMENT OF 
DEFENSE INSPECTION OF MILITARY CEME-
TERIES. 
(a) INSPECTION
AND
RECOMMENDATIONS
RE-
QUIRED.—The Inspector General of the Department of 
Defense shall conduct an inspection of each military ceme-
tery and, based on the findings of those inspections, make 
recommendations for the regulation, management, over-
sight, and operation of the military cemeteries. 
(b) ELEMENTS
OF INSPECTION.—Subject to sub-
section (c), the inspection of the military cemeteries under 
subsection (a) shall include an assessment of the following: 
(1) The adequacy of the statutes, policies, and 
regulations governing the management, oversight, 
operations, and interments or inurnments (or both) 
by the military cemeteries and the adherence of each 
military cemetery to such statutes, policies, and reg-
ulations. 
(2) The system employed to fully account for 
and accurately identify the remains interred or 
inurned in the military cemeteries. 
(3) The contracts and contracting processes 
and oversight of those contracts and processes with 
regard to compliance with Department of Defense 
and military department guidelines.
265 
(4) The history and adequacy of the oversight 
conducted by the Secretaries of the military depart-
ments over the military cemeteries under their juris-
diction and the adequacy of corrective actions taken 
as a result of that oversight. 
(5) The statutory and policy guidance gov-
erning the authorization for the Secretaries of the 
military departments to operate the military ceme-
teries and an assessment of the budget and appro-
priations structure and history of each military cem-
etery. 
(6) Such other matters as the Inspector Gen-
eral of the Department of Defense considers to be 
appropriate. 
(c) SPECIAL
CONSIDERATIONS.—The inspection 
under subsection (a) of the cemetery at the Armed Forces 
Retirement Home–Washington shall focus primarily on— 
(1) the assessment required by subsection 
(b)(5); and 
(2) whether the Secretary of the Army has fully 
and completely addressed issues raised by, and the 
recommendations made with regard to, such ceme-
tery in the Inspector General of the Department of 
Defense 2010 report of the Special Inspection of Ar-
lington National Cemetery.
266 
(d) INSPECTION OF ADDITIONAL CEMETERIES.— 
(1) INSPECTION REQUIRED.—In addition to the 
inspection required by subsection (a), the Inspector 
General of the Department of Defense shall conduct 
an inspection of a statistically valid sample of ceme-
teries located at current or former military installa-
tions inside and outside the United States that are 
under the jurisdiction of the military departments 
for the purpose of obtaining an assessment of the 
adequacy of and adherence to the statutes, policies, 
and regulations governing the management, over-
sight, operations, and interments or inurnments (or 
both) by those cemeteries. 
(2) EXCLUSION.—Paragraph (1) does not apply 
to the cemeteries maintained by the American Battle 
Monuments Commission and the military cemeteries 
identified in subsection (f). 
(e) SUBMISSION OF INSPECTION RESULTS AND COR-
RECTIVE ACTION PLANS.— 
(1) MILITARY
CEMETERY
INSPECTIONS.—Not 
later than March 31, 2012, the Secretaries of the 
military departments shall submit to the Committees 
on Armed Services of the Senate and the House of 
Representatives a report containing—
267 
(A) the findings of the inspections of the 
military cemeteries conducted under subsection 
(a); 
(B) the recommendations of the Inspector 
General of the Department of Defense based on 
such inspections; and 
(C) a plan for corrective action. 
(2) 
INSPECTION
OF
ADDITIONAL
CEME-
TERIES.—Not later than December 31, 2012, the 
Inspector General of the Department of Defense 
shall submit to the Committees on Armed Services 
of the Senate and the House of Representatives a 
report containing the findings of the inspections con-
ducted under subsection (d) and the recommenda-
tions of the Inspector General based on such inspec-
tions. Not later than April 1, 2013, the Secretaries 
of the military departments shall submit to such 
committees a plan for corrective action. 
(f) MILITARY CEMETERY DEFINED.—In subsection 
(a), the term ‘‘military cemetery’’ means the cemeteries 
that are under the jurisdiction of a Secretary of a military 
department at each of the following locations: 
(1) The Armed Forces Retirement Home– 
Washington. 
(2) The United States Military Academy.
268 
(3) The United States Naval Academy. 
(4) The United States Air Force Academy. 
Subtitle G—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 add-
ing at the end the following new paragraph: 
‘‘(3) The administration of the Retirement Home, in-
cluding 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 RETIREMENT HOME. 
(a) ADVISORY RESPONSIBILITIES OF SENIOR MED-
ICAL 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 Offi-
cer’’ and all that follows through the period at the 
end and inserting the following: ‘‘the Chief Oper-
270 
SEC. 563. ESTABLISHMENT OF ARMED FORCES RETIRE-
MENT HOME ADVISORY COUNCIL AND RESI-
DENT ADVISORY COMMITTEES. 
(a) REPLACEMENT OF LOCAL BOARDS OF TRUST-
EES.—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 pro-
vide to the Chief Operating Officer and the Administrator 
of each facility such guidance and recommendations on the 
operation and administration of the Retirement Home and 
the quality of care provided to residents as the Advisory 
Council considers appropriate. 
‘‘(2) Not less often than annually, the Advisory Coun-
cil shall submit to the Secretary of Defense a report sum-
marizing its activities during the preceding year and pro-
viding such observations and recommendations with re-
spect to the Retirement Home as the Advisory Council 
considers appropriate.
271 
‘‘(3) In carrying out its functions, the Advisory Coun-
cil shall— 
‘‘(A) provide for participation in its activities by 
a representative 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 des-
ignated by the Secretary of Defense, except that an indi-
vidual who is not an employee of the Department of De-
fense shall be designated, in consultation with the Sec-
retary 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 financ-
ing. 
‘‘(B) One member who is an expert in geron-
tology.
272 
‘‘(C) One member who is an expert in financial 
management. 
‘‘(D) Two representatives of the Department of 
Veterans Affairs, one to be designated from each of 
the regional offices nearest in proximity to the facili-
ties of the Retirement Home. 
‘‘(E) The Chairpersons of the Resident Advi-
sory Committees. 
‘‘(F) One enlisted representative of the Serv-
ices’ Retiree Advisory Council. 
‘‘(G) The senior noncommissioned officer of one 
of the Armed Forces. 
‘‘(H) Two senior representatives of military 
medical treatment facilities, one to be designated 
from each of the military hospitals nearest in prox-
imity 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 Re-
tirement Home shall be a nonvoting member of the Advi-
sory Council.
273 
‘‘(5) The Secretary of Defense shall designate one 
member of the Advisory Council to serve as the Chair-
person of the Advisory Council. The Chairperson shall 
conduct the meetings of the Advisory Council and be re-
sponsible for the operation of the Advisory Council 
‘‘(d) TERM OF SERVICE.—(1) Except as provided in 
paragraphs (2), (3), and (4), the term of service of a mem-
ber of the Advisory Council shall be two years. The Sec-
retary 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 designa-
tion was made. A member designated to fill a vacancy oc-
274 
curring before the end of the term of the predecessor shall 
be designated for the remainder of the term of the prede-
cessor. 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 government 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 Advi-
sory Council, be allowed travel expenses (including 
per diem in lieu of subsistence) 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. 
‘‘SEC. 1516A. RESIDENT ADVISORY COMMITTEES. 
‘‘(a) ESTABLISHMENT AND PURPOSE.—(1) A Resi-
dent Advisory Committee is an elected body of residents
275 
at each facility of the Retirement Home established to pro-
vide a forum for all residents to express their needs, ideas, 
and interests through elected representatives of their re-
spective floor or area. 
‘‘(2) A Resident Advisory Committee— 
‘‘(A) serves as a forum for ideas, recommenda-
tions, and representation to management of that fa-
cility of the Retirement Home to enhance the mo-
rale, safety, health, and well-being of residents; and 
‘‘(B) provides a means to communicate policy 
and general information between residents and man-
agement. 
‘‘(b) ELECTION PROCESS.—The election process for 
the Resident Advisory Committee at a facility of the Re-
tirement Home shall be coordinated by the facility Om-
budsman. 
‘‘(c) CHAIRPERSON.—(1) The Chairperson of a Resi-
dent Advisory Committee shall be elected at large and 
serve a two-year term. 
‘‘(2) Chairpersons serve as a liaison to the Adminis-
trator 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 Admin-
istrator, who will forward the copy to the Chief Operating 
Officer for approval.
276 
‘‘(d) MEETINGS.—At a minimum, meetings of a Resi-
dent 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.—Section 1515(c)(2) of such Act (24 
U.S.C. 415(c)(2)) is amended by striking ‘‘, includ-
ing the Local Boards of those facilities’’. 
(3) INSPECTION OF RETIREMENT HOME.—Sec-
tion 1518 of such Act (24 U.S.C. 418) is amend-
ed— 
(A) in subsection (b)—
277 
(i) in paragraph (1), by striking 
‘‘Local Board for the facility or the resi-
dent 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 insert-
ing ‘‘Advisory Council, the Resident Advi-
sory 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’’. 
SEC. 564. ADMINISTRATORS, OMBUDSMEN, AND STAFF OF 
FACILITIES. 
(a) LEADERSHIP OF FACILITIES OF THE RETIRE-
MENT HOME.—Section 1517 of the Armed Forces Retire-
ment 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 in-
serting ‘‘an Administrator and an Ombudsman’’; 
(2) in subsections (b) and (c)—
278 
(A) by striking ‘‘DIRECTOR’’ in each sub-
section 
heading 
and 
inserting 
‘‘ADMINIS-
TRATOR’’; and 
(B) by striking ‘‘Director’’ each place it 
appears and inserting ‘‘Administrator’’; 
(3) by striking subsections (d) and (e) and re-
designating subsections (f), (g), (h), and (i) as sub-
sections (d), (e), (f), and (g), respectively; 
(4) in subsection (d), as so redesignated— 
(A) by striking ‘‘ASSOCIATE DIRECTOR’’ in 
the subsection heading and inserting ‘‘OMBUDS-
MAN’’; and 
(B) by striking ‘‘Associate Director’’ in 
paragraphs (1) and (2) and inserting ‘‘Ombuds-
man’’; 
(5) in subsection (e), as so redesignated— 
(A) by striking ‘‘ASSOCIATE DIRECTOR.— 
’’ in the subsection heading and inserting ‘‘OM-
BUDSMAN.—(1)’’; 
(B) by striking ‘‘Associate Director’’ and 
inserting ‘‘Ombudsman’’; 
(C) by striking ‘‘Director and Deputy Di-
rector’’ and inserting ‘‘Administrator’’; 
(D) by striking ‘‘Director may’’ and insert-
ing ‘‘Administrator may’’; and
279 
(E) by adding at the end the following new 
paragraph: 
‘‘(2) The Ombudsman may provide information to the 
Administrator, the Chief Operating Officer, the Senior 
Medical Advisor, the Inspector General of the Department 
of Defense, and the Under Secretary of Defense for Per-
sonnel and Readiness.’’; 
(6) in subsection (f), as so redesignated, by 
striking ‘‘Director’’ each place it appears and insert-
ing ‘‘Administrator’’; and 
(7) in subsection (g), as so redesignated— 
(A) by striking ‘‘DIRECTORS’’ in the sub-
section heading and inserting ‘‘ADMINISTRA-
TORS’’; 
(B) in paragraph (1), by striking ‘‘Direc-
tors’’ and inserting ‘‘Administrators’’; and 
(C) in paragraph (2), by striking ‘‘a Direc-
tor’’ 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 ap-
pears and inserting ‘‘Administrator’’.
280 
(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 in-
serting ‘‘Administrators’’. 
SEC. 565. REVISION OF FEE REQUIREMENTS. 
(a) FIXING FEES.—Subsection (c) of section 1514 of 
the Armed Forces Retirement Home Act of 1991 (24 
U.S.C. 414) is amended— 
(1) in paragraph (3), by striking the last sen-
tence; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(4) Until different fees are prescribed and take ef-
fect under this subsection and subject to any fee adjust-
ment that the Secretary of Defense determines appro-
priate, the percentages and limitations on maximum 
monthly amount that are applicable to fees charged to 
residents for months beginning after December 31, 2011, 
are as follows: 
‘‘(A) For independent living residents, 35 per-
cent of total current income, but not to exceed 
$1,238 each month. 
‘‘(B) For assisted living residents, 40 percent of 
total current income, but not to exceed $1,856 each 
month.
281 
‘‘(C) For long-term care residents, 65 percent 
of total current income, but not to exceed $3,094 
each month.’’. 
(b) REPEAL OF FORMER TRANSITIONAL FEE STRUC-
TURES.—Such section is further amended by striking sub-
section (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 fa-
cility of the Retirement Home is not inspected 
by a nationally recognized civilian accrediting 
organization,’’ and inserting ‘‘Not less often 
than once every three years,’’; 
(B) by striking ‘‘of that facility’’ and in-
serting ‘‘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 insert-
ing the following new paragraph:
282 
‘‘(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 
Secretary of Defense for Personnel and Readi-
ness, the Senior Medical Advisor’’. 
SEC. 567. REPEAL OF OBSOLETE TRANSITIONAL PROVI-
SIONS AND TECHNICAL, CONFORMING, AND 
CLERICAL AMENDMENTS. 
(a) REPEAL OF TRANSITIONAL PROVISIONS.—Part B 
of the Armed Forces Retirement Home Act of 1991, relat-
ing to transitional provisions for the Armed Forces Retire-
ment Home Board and the Directors and Deputy Direc-
tors of the facilities of the Armed Forces Retirement 
Home, is repealed. 
(b) CORRECTION OF OBSOLETE REFERENCES TO RE-
TIREMENT HOME BOARD.—
283 
(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 amend-
ed by striking ‘‘Retirement Home Board’’ and in-
serting ‘‘Chief Operating Officer’’. 
(2) TITLE 10, U.S.C..— 
(A) DEFENSE
OF
CERTAIN
SUITS.—Sec-
tion 1089(g)(3) of title 10, United States Code, 
is amended by striking ‘‘Armed Forces Retire-
ment 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 Retire-
ment Home Board’’ and inserting ‘‘Chief Oper-
ating Officer of the Armed Forces Retirement 
Home’’. 
(c) SECTION HEADINGS.— 
(1) SECTION
1501.—The heading of section 
1501 of the Armed Forces Retirement Home Act of 
1991 (24 U.S.C. is amended to read as follows: 
‘‘SEC. 1501. SHORT TITLE; TABLE OF CONTENTS.’’. 
(2) SECTION
1513.—The heading of section 
1513 of such Act is amended to read as follows:
284 
‘‘SEC. 1513. SERVICES PROVIDED TO RESIDENTS.’’. 
(3) SECTION
1513A.—The heading of section 
1513A of such Act 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 is amended to read as follows: 
‘‘SEC. 1517. ADMINISTRATORS, OMBUDSMEN, AND STAFF OF 
FACILITIES.’’. 
(5) SECTION
1518.—The heading of section 
1518 of such Act is amended to read as follows: 
‘‘SEC. 1518. PERIODIC INSPECTION OF RETIREMENT HOME 
FACILITIES BY DEPARTMENT OF DEFENSE 
INSPECTOR GENERAL AND OUTSIDE INSPEC-
TORS.’’. 
(6) PUNCTUATION.—The headings of sections 
1512 and 1520 of such Act are amended by adding 
a period at the end. 
(d) PART A HEADER.—The heading for part A is re-
pealed. 
(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;
285 
(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 Defense Inspector General and outside inspectors.’’; and 
(4) by striking the items relating to part B (in-
cluding the items relating to sections 1531, 1532, 
and 1533). 
Subtitle H—Military Family 
Readiness Matters 
SEC. 571. REVISION TO MEMBERSHIP OF DEPARTMENT OF 
DEFENSE 
MILITARY 
FAMILY 
READINESS 
COUNCIL. 
Section 1781a(b) of title 10, United States Code, is 
amended to read as follows: 
‘‘(b) MEMBERS.—(1) The Council shall consist of the 
following members: 
‘‘(A) The Under Secretary of Defense for Per-
sonnel and Readiness, who shall serve as chair of the 
Council and who may designate a representative to 
chair the council in the Under Secretary’s absence.
286 
‘‘(B) The following persons, who shall be ap-
pointed or designated 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 Na-
tional 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 par-
ent 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 Sec-
retary of Defense from among representatives of 
military family organizations, including military 
family organizations of families 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, ex-
cept that two of these members may instead be se-
287 
lected 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 ap-
pointed or designated under clauses (i) and (iii) of sub-
paragraph (B) of paragraph (1) shall be two years and 
may be renewed by the Secretary of Defense. Representa-
tion 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 ap-
pointed under subparagraph (C) of paragraph (1) shall be 
three years.’’. 
SEC. 572. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 
EDUCATIONAL AGENCIES THAT BENEFIT DE-
PENDENTS OF MEMBERS OF THE ARMED 
FORCES AND DEPARTMENT OF DEFENSE CI-
VILIAN EMPLOYEES. 
(a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT 
NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 
amount authorized to be appropriated for fiscal year 2012 
by section 301 and available for operation and mainte-
nance for Defense-wide activities as specified in the fund-
ing table in section 4301, $30,000,000 shall be available
288 
only for the purpose of providing assistance to local edu-
cational agencies under subsection (a) of section 572 of 
the National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109–163; 20 U.S.C. 7703b). 
(b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT 
CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE 
CHANGES, OR FORCE RELOCATIONS.—Of the amount au-
thorized to be appropriated for fiscal year 2012 by section 
301 and available for operation and maintenance for De-
fense-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 agen-
cies under subsection (b) of section 572 of the National 
Defense Authorization Act for Fiscal Year 2006 (Public 
Law 109–163; 20 U.S.C. 7703b). 
(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In 
this section, the term ‘‘local educational agency’’ has the 
meaning given that term in section 8013(9) of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C. 
7713(9)). 
SEC. 573. PROTECTION OF CHILD CUSTODY ARRANGE-
MENTS FOR PARENTS WHO ARE MEMBERS OF 
THE ARMED FORCES. 
(a) CHILD CUSTODY PROTECTION.—Title II of the 
Servicemembers Civil Relief Act (50 U.S.C. App. 521 et
289 
seq.) is amended by adding at the end the following new 
section: 
‘‘SEC. 208. CHILD CUSTODY PROTECTION. 
‘‘(a) 
RESTRICTION
ON
TEMPORARY
CUSTODY 
ORDER.—If a court renders a temporary order for custo-
dial responsibility for a child based solely on a deployment 
or anticipated deployment of a parent who is servicemem-
ber, then the court shall require that upon the return of 
the servicemember from deployment, the custody order 
that was in effect immediately preceding the temporary 
order shall be reinstated, unless the court finds that such 
a reinstatement is not in the best interest of the child, 
except that any such finding shall be subject to subsection 
(b). 
‘‘(b) EXCLUSION OF MILITARY SERVICE FROM DE-
TERMINATION OF CHILD’S BEST INTEREST.—If a motion 
or a petition is filed seeking a permanent order to modify 
the custody of the child of a servicemember, no court may 
consider the absence of the servicemember by reason of 
deployment, or the possibility of deployment, in deter-
mining the best interest of the child. 
‘‘(c) NO FEDERAL RIGHT OF ACTION.—Nothing in 
this section shall create a Federal right of action. 
‘‘(d) PREEMPTION.—Preemption- In any case where 
State law applicable to a child custody proceeding involv-
290 
ing a temporary order as contemplated in this section pro-
vides a higher standard of protection to the rights of the 
parent who is a deploying servicemember than the rights 
provided under this section with respect to such temporary 
order, the appropriate court shall apply the higher State 
standard. 
‘‘(e) DEPLOYMENT DEFINED.—In this section, the 
term ‘deployment’ means the movement or mobilization of 
a servicemember to a location for a period of longer than 
60 days and not longer than 18 months pursuant to tem-
porary or permanent official orders— 
‘‘(1) that are designated as unaccompanied; 
‘‘(2) for which dependent travel is not author-
ized; or 
‘‘(3) that otherwise do not permit the move-
ment of family members to that location.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by adding at the 
end of the items relating to title II the following new item: 
‘‘208. Child custody protection.’’. 
SEC. 574. CENTER FOR MILITARY FAMILY AND COMMUNITY 
OUTREACH. 
(a) CENTER AUTHORIZED.—The Secretary of the 
Army may establish a Center for Military Family and 
Community Outreach to help increase the number (and
291 
enhance the competencies) of social workers and mental 
health service providers who— 
(1) are familiar with the special demands of ac-
tive duty on members of the Armed Forces and their 
families; and 
(2) can adapt prevention and intervention 
methods to times of war and the needs of military 
families. 
(b) METHOD OF ESTABLISHMENT; MERIT-BASED OR 
COMPETITIVE DECISIONS.—(1) Under such criteria as the 
Secretary of the Army may establish, the Secretary may 
award grants to, or enter into contracts and cooperative 
agreements with, an historically black university in close 
proximity to an Army installation for the purpose of plan-
ning, developing, managing, and implementing the Center 
for Military Family and Community Outreach. 
(2) A decision to commit, obligate, or expend funds 
referred to in subsection (f) with or to a specific entity 
shall— 
(A) be based on merit-based selection proce-
dures in accordance with the requirements of sec-
tions 2304(k) and 2374 of title 10, United States 
Code, or on competitive procedures; and 
(B) comply with other applicable provisions of 
law.
292 
(c) USE OF ASSISTANCE.—Assistance provided under 
this section shall be used— 
(1) to establish the Center for Military Family 
and Community Outreach as described in subsection 
(b); 
(2) to train social work students, social work 
faculty members, and social workers to understand 
the complex features of military life and enhance 
their competencies in developing and providing serv-
ices to military families; and 
(3) for such related activities and expenses as 
the Secretary of the Army may authorize. 
(d) TRAINING
COMPONENT.—Training provided 
through the Center for Military Family and Community 
Outreach shall focus on— 
(1) mental health well-being; 
(2) independence; 
(3) resources; and 
(4) social well being for military families. 
(e) RESEARCH AND EDUCATION.—Research findings 
shall be disseminated through publications, workshops, 
and professional conferences. The Center for Military 
Family and Community Outreach shall hold annually a 
minimum of five half-day conferences and 20 workshops 
for social workers, faculty, and students. The Center shall
293 
host at least two State-wide or regional conferences (one 
for military families and one for professionals) concerning 
military culture, resources and prevention activities re-
garding grief, loss, divorce, domestic violence, sexual har-
assment, suicide, substance abuse, marital discord, finan-
cial, PTSD, and separation issues for families, children, 
and adolescents. 
(f) ADDITIONAL, DISCRETIONARY BUDGET AUTHOR-
ITY.—Of the amounts authorized to be appropriated by 
section 301 for operation and maintenance for the Army, 
as specified in the corresponding funding table in division 
D, the Secretary of the Army shall obligate an additional 
$1,000,000 to carry out this section in furtherance of na-
tional security objectives. 
SEC. 575. MENTAL HEALTH SUPPORT FOR MILITARY PER-
SONNEL AND FAMILIES. 
(a) ADDITIONAL, DISCRETIONARY BUDGET AUTHOR-
ITY.—In the budget submitted to Congress under section 
1105 of title 31, United States Code, for fiscal year 2012, 
the President requested $5,960,400,000 for operation and 
maintenance, Marine Corps. Of the amounts authorized 
to be appropriated by section 301, as specified in the cor-
responding funding table in division D, the Secretary of 
the Navy shall obligate an additional $3,000,000 for a col-
laborative program that responds to escalating suicide
294 
rates and combat stress related arrests of military per-
sonnel, and trains active duty military personnel to recog-
nize and respond to combat stress disorder, suicide risk, 
substance addiction, risk-taking behaviors and family vio-
lence, in furtherance of national security objectives. 
(b) MERIT-BASED OR COMPETITIVE DECISIONS.—A 
decision to commit, obligate, or expend funds referred to 
in the second sentence of subsection (a) with or to a spe-
cific entity shall— 
(1) be based on merit-based selection proce-
dures in accordance with the requirements of sec-
tions 2304(k) and 2374 of title 10, United States 
Code, or on competitive procedures; and 
(2) comply with other applicable provisions of 
law. 
SEC. 576. REPORT ON DEPARTMENT OF DEFENSE AUTISM 
PILOT PROJECTS. 
(a) REPORT REQUIRED.—Not later than March 14, 
2013, the Secretary of Defense shall submit to the Com-
mittees on Armed Services of the House of Representa-
tives and the Senate a report on any pilot projects that 
the Department of Defense is conducting on autism serv-
ices. 
(b) MATTERS COVERED.—At a minimum, the report 
under subsection (a) shall include a comprehensive evalua-
295 
tion of consumption patterns of autism treatment services, 
including intensity and volumes of use across specific diag-
noses, age groups, and treatment services. 
SEC. 577. SENSE OF CONGRESS REGARDING FINANCIAL 
COUNSELING FOR MILITARY FAMILIES. 
It is the sense of Congress that the Secretary of De-
fense should work with the Consumer Financial Protection 
Bureau to ensure coordination with the Office of Service 
Member Affairs to provide financial counseling for mem-
bers of the Armed Forces and their families. 
SEC. 578. MATTERS COVERED BY PRESEPARATION COUN-
SELING 
FOR 
MEMBERS 
OF 
THE 
ARMED 
FORCES AND THEIR SPOUSES. 
Section 1142(b) of title 10, United States Code, is 
amended— 
(1) in paragraph (5), by striking ‘‘job place-
ment counseling for the spouse’’ and inserting ‘‘in-
clusion of the spouse, at the discretion of the mem-
ber 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 Sec-
retary of Defense or the Secretary of Veterans Af-
fairs’’;
296 
(2) in paragraph (9), by inserting before the pe-
riod the following: ‘‘, including information on budg-
eting, saving, credit, loans, and taxes’’; 
(3) in paragraph (10), by striking ‘‘and employ-
ment’’ and inserting ‘‘, employment, and financial’’; 
(4) by striking paragraph (16) and inserting 
the following new paragraph: 
‘‘(16) Information on home loan services and 
housing assistance benefits available under the laws 
administered by the 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 addi-
tional counseling regarding the member’s actual en-
titlement to such benefits and apply for such bene-
fits’’. 
Subtitle I—Improved Sexual As-
sault Prevention and Response 
in the Armed Forces 
SEC. 581. DIRECTOR OF SEXUAL ASSAULT PREVENTION 
AND RESPONSE OFFICE. 
Section 1611(a) of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011 (Public Law 111–
297 
383; 10 U.S.C. 1561 note) is amended by adding before 
the period at the end of the first sentence the following: 
‘‘, who shall be appointed from among general or flag offi-
cers of the Armed Forces or employees of the Department 
of Defense in a comparable Senior Executive Service posi-
tion’’. 
SEC. 582. SEXUAL ASSAULT RESPONSE COORDINATORS 
AND SEXUAL ASSAULT VICTIM ADVOCATES. 
(a) ASSIGNMENT
AND TRAINING.—Chapter 80 of 
title 10, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 1568. Sexual assault prevention and response: Sex-
ual Assault Response Coordinators and 
Victim Advocates 
‘‘(a) ASSIGNMENT OF COORDINATORS.—(1) At least 
one full-time Sexual Assault Response Coordinator shall 
be assigned to each brigade or equivalent unit level of the 
armed forces. The Secretary of the military department 
concerned may assign additional Sexual Assault Response 
Coordinators as necessary based on the demographics or 
needs of the unit. An additional Sexual Assault Response 
Coordinator may serve on a full-time or part-time basis 
at the discretion of the Secretary. 
‘‘(2) Effective October 1, 2013, only members of the 
armed forces and civilian employees of the Department of
298 
Defense may be assigned to duty as a Sexual Assault Re-
sponse Coordinator. 
‘‘(b) ASSIGNMENT OF VICTIM ADVOCATES.—(1) At 
least one full-time Sexual Assault Victim Advocate shall 
be assigned to each brigade or equivalent unit level of the 
armed forces. The Secretary of the military department 
concerned may assign additional Victim Advocates as nec-
essary based on the demographics or needs of the unit. 
An additional Victim Advocate may serve on a full-time 
or part-time basis at the discretion of the Secretary. 
‘‘(2) Effective October 1, 2013, only members of the 
armed forces and civilian employees of the Department of 
Defense may be assigned to duty as a Victim Advocate. 
‘‘(c) TRAINING AND CERTIFICATION.—(1) As part of 
the sexual assault prevention and response program, the 
Secretary of Defense shall establish a professional and 
uniform training and certification program for Sexual As-
sault Response Coordinators assigned under subsection 
(a) and Sexual Assault Victim Advocates assigned under 
subsection (b). The program shall be structured and ad-
ministered in a manner similar to the professional training 
available for Equal Opportunity Advisors through the De-
fense Equal Opportunity Management Institute. 
‘‘(2) In developing the curriculum and other compo-
nents of the program, the Secretary of Defense shall work
299 
with experts outside of the Department of Defense who 
are experts in victim advocacy and sexual assault preven-
tion and response training. 
‘‘(3) A decision to commit, obligate, or expend funds 
with or to a specific entity to assist with the development 
or implementation of the program shall— 
‘‘(A) be based on merit-based selection proce-
dures in accordance with the requirements of sec-
tions 2304(k) and 2374 of this title or on competi-
tive procedures; and 
‘‘(B) comply with other applicable provisions of 
law. 
‘‘(4) Effective October 1, 2013, before a member or 
civilian employee may be assigned to duty as a Sexual As-
sault Response Coordinator under subsection (a) or Victim 
Advocate under subsection (b), the member or employee 
must have completed the training program required by 
paragraph (1) and obtained the certification. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘armed forces’ means the Army, 
Navy, Air Force, and Marine Corps. 
‘‘(2) The term ‘sexual assault prevention and 
response program’ has the meaning given such term 
in section 1601(a) of the Ike Skelton National De-
300 
fense Authorization Act for Fiscal Year 2011 (Pub-
lic Law 111–383; 10 U.S.C. 1561 note).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘1568. Sexual assault prevention and response: Sexual Assault Response Coordi-
nators and Victim Advocates.’’. 
SEC. 583. SEXUAL ASSAULT VICTIMS ACCESS TO LEGAL 
COUNSEL AND SERVICES OF SEXUAL AS-
SAULT RESPONSE COORDINATORS AND SEX-
UAL ASSAULT VICTIM ADVOCATES. 
(a) ACCESS.—Chapter 53 of title 10, United States 
Code, is amended by inserting after section 1044d the fol-
lowing new section: 
‘‘§ 1044e. Victims of sexual assault: access to legal as-
sistance and services of Sexual Assault 
Response Coordinators and Sexual As-
sault Victim Advocates 
‘‘(a) AVAILABILITY OF LEGAL ASSISTANCE AND VIC-
TIM ADVOCATE SERVICES.— 
‘‘(1) MEMBERS.—A member of the armed 
forces or a dependent of a member of the armed 
forces who is the victim of a sexual assault is enti-
tled to—
301 
‘‘(A) legal assistance provided by a mili-
tary legal assistance counsel certified as com-
petent to provide such assistance; 
‘‘(B) assistance provided by a qualified 
Sexual Assault Response Coordinator; and 
‘‘(C) assistance provided by a qualified 
Sexual Assault Victim Advocate. 
‘‘(2) DEPENDENTS.—To the extent practicable, 
the Secretary of a military department shall make 
the assistance described in paragraph (1) available 
to dependent of a member of the armed forces who 
is the victim of a sexual assault and resides on or 
in the vicinity of a military installation. The Sec-
retary concerned shall define the term ‘vicinity’ for 
purposes of this paragraph. 
‘‘(3) NOTICE OF AVAILABILITY OF ASSISTANCE; 
OPT OUT.—The member or dependent shall be in-
formed of the availability of assistance under this 
subsection as soon as the member or dependent 
seeks assistance from a Sexual Assault Response Co-
ordinator or any other responsible member of the 
armed forces or Department of Defense civilian em-
ployee. The victim shall also be informed that the 
legal assistance and services of a Sexual Assault Re-
sponse Coordinator and Sexual Assault Victim Advo-
302 
cate are optional and these services may be declined, 
in whole or in part, at any time. 
‘‘(4) NATURE OF REPORTING IMMATERIAL.—In 
the case of a member of the armed forces, access to 
legal assistance and the services of Sexual Assault 
Response Coordinators and Sexual Assault Victim 
Advocates are available regardless of whether the 
member elects unrestricted or restricted (confiden-
tial) reporting of the sexual assault. 
‘‘(b) RESTRICTED REPORTING OPTION.— 
‘‘(1) AVAILABILITY
OF
RESTRICTED
REPORT-
ING.—A member of the armed forces who is the vic-
tim of a sexual assault may confidentially disclose 
the details of the assault to an individual specified 
in paragraph (2) and receive medical treatment, 
legal assistance, or counseling, without triggering an 
official investigation of the allegations. 
‘‘(2) PERSONS COVERED BY RESTRICTED RE-
PORTING.—Individuals covered by paragraph (1) are 
the following: 
‘‘(A) Military legal assistance counsel. 
‘‘(B) Sexual Assault Response Coordi-
nator. 
‘‘(C) Sexual Assault Victim Advocate.
327 
persons duly identified by qualified individuals 
to receive those vouchers; and 
(B) procedures to ensure that the number 
of vouchers provided or made available with re-
spect to any qualified individual complies with 
paragraph (3)(D)(i). 
(c) FUNDING.— 
(1) FUNDING INCREASE AND OFFSETTING RE-
DUCTION.—Notwithstanding the amounts set forth 
in the funding tables in division D, to carry out this 
section during fiscal year 2012— 
(A) the amount authorized to be appro-
priated in section 301 for operation and main-
tenance, Defense-wide, as specified in the cor-
responding funding table in division D, is here-
by increased by $12,000,000, with the amount 
of the increase allocated to the Office of the 
Secretary of Defense, as set forth in the table 
under section 4301, to carry out this section; 
and 
(B) the amount authorized to be appro-
priated in section 101 for other procurement, 
Army, as specified in the corresponding funding 
table of division D, is hereby reduced by 
$12,000,000 with the amount of the reduction
385 
(C) of such paragraph for sale in, at, or by an en-
hanced commissary store; and 
‘‘(B) the invoice cost of such merchandise. 
‘‘(2) The Secretary of Defense shall use amounts re-
tained under paragraph (1) for an enhanced commissary 
store to help offset the operating costs of that enhanced 
commissary store. 
‘‘(e) SUBSTANCE ABUSE PREVENTION PROGRAMS.— 
On account of the types of merchandise authorized to be 
sold in an enhanced commissary store, the Secretary of 
Defense may use amounts retained under subsection 
(d)(1) for the enhanced commissary store to support sub-
stance abuse prevention programs for patrons of the store 
while ensuring that the store receives necessary operating 
funds. 
‘‘(f) DURATION OF AUTHORITY.—An enhanced com-
missary store may not be operated under the authority 
of this section before October 1, 2011, or after December 
31, 2013.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 2488 the following new 
item: 
‘‘2488a. Enhanced commissary stores.’’. 
(c) SUBSTANCE ABUSE PREVENTION PROGRAMS.—
796 
disorder and traumatic brain injury, and other 
mental problems as a result of such service; and 
(B) the cost of lifetime prosthetics care 
and treatment for veterans suffering from am-
putations as a result of such service. 
(17) Current and future cost of providing De-
partment of Veterans Affairs disability benefits for 
the lifetime of veterans who incur disabilities while 
serving in support of Operation Iraqi Freedom, Op-
eration New Dawn, Operation Enduring Freedom, 
or Operation Odyssey Dawn. 
(18) Current and future cost of providing sur-
vivors’ benefits to survivors of members of the 
Armed Forces killed while serving in support of Op-
eration Iraqi Freedom, Operation New Dawn, Oper-
ation Enduring Freedom, or Operation Odyssey 
Dawn. 
(19) Cost of bringing members of the Armed 
Forces and equipment back to the United States 
upon the conclusion of Operation New Dawn, Oper-
ation Enduring Freedom, or Operation Odyssey 
Dawn, including the cost of demobilization, trans-
portation costs (including fuel costs), providing tran-
sition services for members of the Armed Forces 
transitioning from active duty to veteran status,