140 
(1) by striking paragraphs (2), (3), and (5); and 
(2) by redesignating paragraph (4) as para-
graph (2). 
SEC. 514. ASSIGNMENT OF AIR FORCE RESERVE MILITARY 
TECHNICIANS (DUAL STATUS) TO POSITIONS 
OUTSIDE AIR FORCE RESERVE UNIT PRO-
GRAM. 
Section 10216(d) of title 10, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(3) Paragraph (1) does not apply to a military tech-
nician (dual status) who is employed by the Air Force Re-
serve in an area other than the Air Force Reserve unit pro-
gram, except that not more than 50 of such technicians may 
be assigned outside of the unit program at the same time.’’. 
SEC. 515. TEMPORARY AUTHORITY FOR TEMPORARY EM-
PLOYMENT OF NON-DUAL STATUS MILITARY 
TECHNICIANS. 
Section 10217 of title 10, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘or’’ at the end of para-
graph (1); 
(B) by striking the period at the end of 
paragraph (2) and inserting ‘‘; or’’ ; and 
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(C) by adding at the end the following new 
paragraph: 
‘‘(3) is hired as a temporary employee pursuant 
to the exception for temporary employment provided 
by subsection (d) and subject to the terms and condi-
tions of such subsection.’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(d) EXCEPTION FOR TEMPORARY EMPLOYMENT.—(1) 
Notwithstanding section 10218 of this title, the Secretary 
of the Army or the Secretary of the Air Force may employ, 
for a period not to exceed two years, a person to fill a va-
cancy created by the mobilization of a military technician 
(dual status) occupying a position under section 10216 of 
this title. 
‘‘(2) The duration of the temporary employment of a 
person in a military technician position under this sub-
section may not exceed the shorter of the following: 
‘‘(A) The period of mobilization of the military 
technician (dual status) whose vacancy is being filled 
by the temporary employee. 
‘‘(B) Two years. 
‘‘(3) No persons may be hired under the authority of 
this subsection after the end of the two-year period begin-
ning on the date of the enactment of this subsection.’’. 
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SEC. 516. REVISED STRUCTURE AND FUNCTIONS OF RE-
SERVE FORCES POLICY BOARD. 
(a) REVISED STRUCTURE AND FUNCTIONS.—Section 
10301 of title 10, United States Code, is amended to read 
as follows: 
‘‘§ 10301. Reserve Forces Policy Board 
‘‘(a) FUNCTIONS.—As provided in section 175 of this 
title, there is in the Office of the Secretary of Defense a 
Reserve Forces Policy Board. The Board shall serve as an 
independent adviser to the Secretary of Defense to provide 
advice and recommendations to the Secretary on strategies, 
policies, and practices designed to improve and enhance the 
capabilities, efficiency, and effectiveness of the reserve com-
ponents. The Board shall report directly to the Secretary 
to provide independent advice and recommendations to the 
Secretary on matters relating to the and reserve compo-
nents. 
‘‘(b) MEMBERSHIP.—The Board consists of 20 mem-
bers, appointed or designated as follows: 
‘‘(1) A civilian chairman appointed by the Sec-
retary of Defense, who shall be a person who the Sec-
retary determines has the knowledge of, and experi-
ence in, policy matters relevant to national security 
and reserve component matters required to carry out 
the duties of chairman. 
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‘‘(2) Two reserve general officers designated by 
the Secretary of Defense upon the recommendation of 
the Secretary of the Army, one of whom shall be a 
member of the Army National Guard of the United 
States and one of whom shall be a member of the 
Army Reserve. 
‘‘(3) Two reserve officers designated by the Sec-
retary of Defense upon the recommendation of the 
Secretary of the Navy, one of whom shall be a Navy 
Reserve flag officer and one of whom shall be a Ma-
rine Corps Reserve general officer. 
‘‘(4) Two reserve general officers designated by 
the Secretary of Defense upon the recommendation of 
the Secretary of the Air Force, one of whom shall be 
a member of the Air National Guard of the United 
States and one of whom shall be a member of the Air 
Force Reserve. 
‘‘(5) One Coast Guard flag officer designated by 
the Secretary of Homeland Security when the Coast 
Guard is not operating as a service within the De-
partment of the Navy, or designated by the Secretary 
of Defense, upon the recommendation of the Secretary 
of the Navy, when the Coast Guard is operating as 
a service in the Navy under section 3 of title 14. 
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‘‘(6) Ten persons appointed or designated by the 
Secretary of Defense, each of whom shall be a United 
States citizen and have significant knowledge of and 
experience in policy matters relevant to national secu-
rity and reserve component matters and shall be one 
of the following: 
‘‘(A) An individual not employed in any 
Federal or State department or agency. 
‘‘(B) An individual employed by a Federal 
or State department or agency. 
‘‘(C) An officer of a regular component on 
active duty, or an officer of a reserve component 
in an active status, who has served or is serving 
in a senior position on the Joint Staff, a com-
batant command headquarters staff, or a service 
headquarters staff. 
‘‘(7) A reserve officer of the Army, Navy, Air 
Force, or Marine Corps who is a general or flag offi-
cer recommended by the chairman and designated by 
the Secretary of Defense, who shall serve without 
vote— 
‘‘(A) as military adviser to the chairman; 
‘‘(B) as military executive officer of the 
Board; and 
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‘‘(C) as supervisor of the Board operations 
and staff. 
‘‘(8) A senior enlisted member of a reserve com-
ponent recommended by the chairman and appointed 
by the Secretary of Defense, who shall serve without 
vote as enlisted military adviser to the chairman. 
‘‘(c) INDEPENDENT ADVICE.—In the case of a member 
of the Board who is an officer or employee of the Depart-
ment of Defense or a member of the armed forces, the advice 
provided in that member’s capacity as a member of the 
Board shall be rendered independently of the Board mem-
ber’s other duties as an officer or employee of the Depart-
ment of Defense or member of the armed forces. 
‘‘(d) MATTERS TO BE ACTED ON.—The Board shall 
act on those matters referred to it by the chairman and 
on any matter raised by a member of the Board. 
‘‘(e) STAFF.—The Board shall be supported by a staff 
consisting of one full-time officer from each of the reserve 
components listed in paragraphs (1) through (6) of section 
10101 of this title who holds the grade of colonel, or in the 
case of the Navy the grade of captain, or who has been se-
lected for promotion to that grade. These officers shall also 
serve as liaisons between their respective components and 
the Board. They shall perform their staff and liaison duties 
under the supervision of the military executive in an inde-
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pendent manner reflecting the independent nature of the 
Board. 
‘‘(f) RELATIONSHIP
TO SERVICE RESERVE POLICY 
COMMITTEES AND BOARDS.—This section does not affect 
the committees and boards prescribed within the military 
departments by sections 10302 through 10305 of this title, 
and a member of such a committee or board may, if other-
wise eligible, be a member of the Board.’’. 
(b) BOARD MEMBERSHIP TRANSITION PROVISION.— 
The members of the Reserve Forces Policy Board as of the 
date of the enactment of this Act shall continue to serve 
on the Board in accordance with their respective terms of 
service as of such date, and except to ensure that the posi-
tions of chairman and military executive of the Board con-
tinue to be filled, and to ensure that the reserve components 
listed in paragraphs (1) through (7) of section 10101 of title 
10, United States Code, continue to have representation, no 
appointment or designation of a member of the Board may 
be made after such date until the number of voting members 
of the Board is fewer than 18. Once the number of voting 
members is fewer than 18, vacancies in the Board member-
ship shall be filled in accordance with section 10301 of title 
10, United States Code, as amended by subsection (a). 
(c) REVISION TO ANNUAL REPORT REQUIREMENT.— 
Section 113(c)(2) of title 10, United States Code, is amend-
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ed by striking ‘‘the reserve programs of the Department of 
Defense and on any other matters’’ and inserting ‘‘any re-
serve component matter’’. 
SEC. 517. MERIT SYSTEMS PROTECTION BOARD AND JUDI-
CIAL REMEDIES FOR NATIONAL GUARD TECH-
NICIANS. 
(a) ELIMINATION
OF RESTRICTED RIGHT
OF AP-
PEAL.— 
(1) CURRENT RESTRICTION TO ADJUTANT GEN-
ERAL.—Subsection (f) of section 709 of title 32, 
United States Code, is amended by striking para-
graph (4). 
(2) 
STYLISTIC
AND
CONFORMING
AMEND-
MENTS.—Such subsection is further amended— 
(A) by striking the material preceding 
paragraph (1); 
(B) by capitalizing the first word in para-
graphs (1), (2), (3), and (5); 
(C) by striking the semicolon at the end of 
paragraphs (1), (2), and (3) and inserting a pe-
riod; 
(D) by redesignating paragraph (5) as 
paragraph (4); and 
(E) by adding at the end the following new 
paragraph: 
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‘‘(5) This subsection shall be carried out under 
regulations prescribed by the Secretary concerned.’’. 
(b) APPLICATION OF CERTAIN TITLE 5 PROVISIONS.— 
Section 709(g) of title 32, United States Code, is amended 
by striking ‘‘Sections 2108, 3502, 7511, and 7512’’ and in-
serting ‘‘Section 2108’’. 
(c) 
APPLICATION
OF
ADVERSE
ACTIONS
SUB-
CHAPTER.—Section 7511(b) of title 5, United States Code, 
is amended— 
(1) by striking paragraph (5); and 
(2) by redesignating paragraphs (6) through (10) 
as paragraphs (5) through (9), respectively. 
Subtitle C—Joint Qualified Officers 
and Requirements 
SEC. 521. TECHNICAL REVISIONS TO DEFINITION OF JOINT 
MATTERS FOR PURPOSES OF JOINT OFFICER 
MANAGEMENT. 
Section 668(a) of title 10, United States Code, is 
amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘multiple’’ in the matter 
preceding subparagraph (A) and inserting ‘‘inte-
grated’’; and 
(B) by striking ‘‘and’’ at the end of the sub-
paragraph (D) and inserting ‘‘or’’; and 
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(2) by striking paragraph (2) and inserting the 
following new paragraph: 
‘‘(2) In the context of joint matters, the term ‘inte-
grated military forces’ refers to military forces that are in-
volved in the planning or execution (or both) of operations 
involving participants from— 
‘‘(A) more than one military department; or 
‘‘(B) a military department and one or more of 
the following: 
‘‘(i) Other departments and agencies of the 
United States. 
‘‘(ii) The military forces or agencies of other 
countries. 
‘‘(iii) Non-governmental persons or enti-
ties.’’. 
SEC. 522. CHANGES TO PROCESS INVOLVING PROMOTION 
BOARDS FOR JOINT QUALIFIED OFFICERS 
AND OFFICERS WITH JOINT STAFF EXPERI-
ENCE. 
(a) BOARD COMPOSITION.—Subsection (c) of section 
612 of title 10, United States Code, is amended to read as 
follows: 
‘‘(c)(1) Each selection board convened under section 
611(a) of this title that will consider an officer described 
in paragraph (2) shall include at least one officer des-
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ignated by the Chairman of the Joint Chiefs of Staff who 
is a joint qualified officer. 
‘‘(2) Paragraph (1) applies with respect to an officer 
who— 
‘‘(A) is serving in, or has served in, a joint duty 
assignment; 
‘‘(B) is serving on, or has served on, the Joint 
Staff; or 
‘‘(C) is a joint qualified officer. 
‘‘(3) The Secretary of Defense may waive the require-
ment in paragraph (1) in the case of— 
‘‘(A) any selection board of the Marine Corps; or 
‘‘(B) any selection board that is considering offi-
cers in specialties identified in paragraph (2) or (3) 
of section 619a(b) of this title.’’. 
(b) 
INFORMATION
FURNISHED
TO
SELECTION 
BOARDS.—Section 615 of such title is amended by striking 
‘‘in joint duty assignments of officers who are serving, or 
have served, in such assignments’’ in subsections (b)(5) and 
(c) and inserting ‘‘of officers who are serving on, or have 
served on, the Joint Staff or are joint qualified officers’’. 
(c) ACTION ON REPORT OF SELECTION BOARDS.—Sec-
tion 618(b) of such title is amended— 
(1) in paragraph (1), by striking ‘‘are serving, 
or have served, in joint duty assignments’’ and insert-
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ing ‘‘are serving on, or have served on, the Joint Staff 
or are joint qualified officers’’; 
(2) in subparagraphs (A) and (B) of paragraph 
(2), by striking ‘‘in joint duty assignments of officers 
who are serving, or have served, in such assignments’’ 
and inserting ‘‘of officers who are serving on, or have 
served on, the Joint Staff or are joint qualified offi-
cers’’; and 
(3) in paragraph (4), by striking ‘‘in joint duty 
assignments’’ and inserting ‘‘who are serving on, or 
have served on, the Joint Staff or are joint qualified 
officers’’. 
Subtitle D—General Service 
Authorities 
SEC. 531. EXTENSION OF TEMPORARY AUTHORITY TO 
ORDER RETIRED MEMBERS OF THE ARMED 
FORCES TO ACTIVE DUTY IN HIGH-DEMAND, 
LOW-DENSITY ASSIGNMENTS. 
(a) EXTENSION OF AUTHORITY.—Section 688a(f) of 
title 10, United States Code, is amended by striking ‘‘De-
cember 31, 2010’’ and inserting ‘‘December 31, 2012’’. 
(b) REPORT REQUIRED.—Not later than April 1, 
2011, the Secretary of Defense shall submit to the Commit-
tees on Armed Services of the Senate and the House of Rep-
resentatives a report containing an assessment by the Sec-
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retary of the need to extend the authority provided by sec-
tion 688a of title 10, United States Code, beyond December 
31, 2012. The report shall include, at a minimum, the fol-
lowing: 
(1) A list of the current types of high-demand, 
low-density capabilities (as defined in such section) 
for which the authority is being used to address oper-
ational requirements. 
(2) For each high-demand, low-density capa-
bility included in the list under paragraph (1), the 
number of retired members of the Armed Forces who 
have served on active duty at any time during each 
of fiscal years 2007 through 2010 under the authority. 
(3) A plan to increase the required active duty 
strength for the high-demand, low-density capabilities 
included in the list under paragraph (1) to eliminate 
the need to use the authority. 
SEC. 532. CORRECTION OF MILITARY RECORDS. 
(a) IMPROVED
DOCUMENTATION
OF
CORRECTION 
BOARD DECISIONS.—Section 1552(a)(3) of title 10, United 
States Code, is amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(3)’’; and 
(2) by adding at the end the following new sub-
paragraph: 
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‘‘(B) In establishing correction procedures under sub-
paragraph (A), the Secretary of a military department 
shall require that a board established under subsection 
(a)(1) present its findings and conclusions in an orderly 
and itemized fashion, with specific attention given to each 
issue presented by the claimant (or heir or representative) 
who requested the correction. This requirement applies to 
a request for correction received after the date of the enact-
ment of this subparagraph, both during initial consider-
ation of the request and upon subsequent consideration due 
to appeal or other circumstances.’’. 
(b) IMPROVED DOCUMENTATION OF REVIEW BOARD 
DECISIONS REGARDING DISCHARGE OR DISMISSAL.—Sec-
tion 1553(b) of such title is amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(2) In establishing review procedures for use by a 
board established under this section, the Secretary of a mili-
tary department shall require that the board present its 
findings and conclusions in an orderly and itemized fash-
ion, with specific attention given to each issue presented 
by the person who requested the review. This requirement 
applies to a request for review received after the date of 
the enactment of this paragraph, both during initial consid-
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eration of the request and upon subsequent consideration 
due to appeal or other circumstances.’’. 
(c) BOARDS REVIEWING RETIREMENT OR SEPARATION 
WITHOUT PAY FOR PHYSICAL DISABILITY.— 
(1) MEMBERS ELIGIBLE TO REQUEST REVIEW.— 
Subsection (a) of section 1554 of such title is amend-
ed— 
(A) by striking ‘‘an officer’’ and inserting 
‘‘a member or former member of the uniformed 
services’’; and 
(B) by striking ‘‘his case’’ and inserting 
‘‘the member’s case’’. 
(2) IMPROVED DOCUMENTATION OF BOARD DECI-
SIONS.—Subsection (b) of such section is amended— 
(A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) In establishing review procedures for use by a 
board established under this section, the Secretary of a mili-
tary department shall require that the board present its 
findings and conclusions in an orderly and itemized fash-
ion, with specific attention given to each issue presented 
by the person who requested the review. This requirement 
applies to a request for review received after the date of 
the enactment of this paragraph, both during initial consid-
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eration of the request and upon subsequent consideration 
due to appeal or other circumstances.’’. 
(d) LIMITATION ON REDUCTION IN PERSONNEL AS-
SIGNED
TO DUTY WITH SERVICE REVIEW AGENCY.— 
1559(a) of such title is amended by striking ‘‘December 31, 
2010’’ and inserting ‘‘December 31, 2013’’. 
SEC. 533. MODIFICATION OF CERTIFICATE OF RELEASE OR 
DISCHARGE FROM ACTIVE DUTY (DD FORM 
214) TO SPECIFICALLY IDENTIFY A SPACE FOR 
INCLUSION OF EMAIL ADDRESS. 
The Secretary of Defense shall modify the Certificate 
of Release or Discharge from Active Duty (DD Form 214) 
to include a new Block, 19c., titled ‘‘ELECTRONIC MAIL-
ING (E-MAIL) ADDRESS AFTER SEPARATION’’ in order 
to permit a member of the Armed Forces to include an 
email address at which the member may be reached after 
the member’s discharge or release. 
SEC. 534. RECOGNITION OF ROLE OF FEMALE MEMBERS OF 
THE ARMED FORCES AND DEPARTMENT OF 
DEFENSE REVIEW OF MILITARY OCCUPA-
TIONAL SPECIALTIES AVAILABLE TO FEMALE 
MEMBERS. 
(a) FINDINGS.—Congress make the following findings: 
(1) Women are and have historically been an im-
port part of all United States war efforts, voluntarily 
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serving in every military conflict in United States 
history, including the Revolutionary War. 
(2) Approximately 34,000 women served in the 
Armed Forces in World War I, approximately 
400,000 served in World War II, approximately 
120,000 served in the Korean War, over 7,000 served 
in the Vietnam War, and more than 41,000 served in 
the first Gulf War. 
(3) Over 350,000 women serving in the Armed 
Forces make up approximate 15 percent of all active 
duty personnel, 15 percent of Reserves, and 17 per-
cent of the National Guard. 
(4) Over 225,349 women have served in Oper-
ation Iraqi Freedom or Operation Enduring Freedom 
as members of the Armed Forces. 
(5) At least 120 female members of the Armed 
Forces have been killed in Iraq or Afghanistan , and, 
of the women killed, 66 were killed in combat. 
(6) The nature of war has changed in Iraq and 
Afghanistan, and, despite the prohibition on female 
members of the Armed Forces serving in combat, so 
has the role of female members of the Armed Forces. 
(b) OFFICIAL RECOGNITION.—Congress— 
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(1) honors women who have served, and women 
who are currently serving, as members of the Armed 
Forces; and 
(2) encourages all people in the United States to 
recognize the service and achievements of female mem-
bers of the Armed Forces and female veterans. 
(c) REVIEWS REQUIRED.— 
(1) REVIEWS; ELEMENTS.—The Secretary of De-
fense shall conduct a review of military occupational 
positions available to female members of the Armed 
Forces for the purpose of ensuring that female mem-
bers have the maximum opportunity to compete and 
excel in the Armed Forces. The Secretary of Defense, 
in coordination with the Secretaries of the military 
departments, also shall review the collocation policy 
and other policies and regulations that restrict the 
service of female members to determine whether 
changes are needed, including legislative change, if 
necessary, to enhance the ability of women to serve in 
the Armed Forces. 
(2) SUBMISSION OF RESULTS.—Not later than 
February 1, 2011, the Secretary of Defense shall sub-
mit to the congressional defense committee a report 
containing the results of the reviews. 
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Subtitle E—Military Justice and 
Legal Matters 
SEC. 541. CONTINUATION OF WARRANT OFFICERS ON AC-
TIVE DUTY TO COMPLETE DISCIPLINARY AC-
TION. 
Section 580 of title 10, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(f) A warrant officer subject to discharge or retire-
ment under this section, but against whom any action has 
been commenced with a view to trying the officer by court- 
martial, may be continued on active duty, without preju-
dice to such action, until the completion of such action.’’. 
SEC. 542. ENHANCED AUTHORITY TO PUNISH CONTEMPT IN 
MILITARY JUSTICE PROCEEDINGS. 
(a) IN GENERAL.—Section 848 of title 10, United 
States Code (article 48 of the Uniform Code of Military Jus-
tice), is amended to read as follows: 
‘‘§ 848. Art. 48. Contempts 
‘‘(a) AUTHORITY TO PUNISH CONTEMPT.—A military 
judge detailed to a court-martial, a court of inquiry, the 
Court of Appeals for the Armed Forces, a Court of Criminal 
Appeals, a provost court, or a military commission (other 
than a military commission established under chapter 47A 
of this title) may punish for contempt any person who— 
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‘‘(1) uses any menacing word, sign, or gesture in 
the presence of the military judge during the pro-
ceedings of the court-martial, court, or military com-
mission; 
‘‘(2) disturbs the proceedings of the court-mar-
tial, court, or military commission by any riot or 
disorder; or 
‘‘(3) willfully disobeys its lawful writ, process, 
order, rule, decree, or command. 
‘‘(b) PUNISHMENT.—A person punished for contempt 
under this section may be confined for not more than 30 
days, fined in an amount of not more than $1,000, or 
both.’’. 
(b) EFFECTIVE DATE.—Section 848 of title 10, United 
States Code (article 48 of the Uniform Code of Military Jus-
tice), as amended by subsection (a), shall apply with respect 
to acts of contempt committed after the date of the enact-
ment of this Act. 
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160 
SEC. 543. LIMITATIONS ON USE IN PERSONNEL ACTION OF 
INFORMATION CONTAINED IN CRIMINAL IN-
VESTIGATIVE REPORT OR IN INDEX MAIN-
TAINED FOR LAW ENFORCEMENT RETRIEVAL 
AND ANALYSIS. 
(a) LIMITATIONS.—Chapter 53 of title 10, United 
States Code, is amended by inserting after section 1034 the 
following new section: 
‘‘§ 1034a. Criminal investigative report or index main-
tained for law enforcement retrieval and 
analysis: limitations on use in personnel 
actions 
‘‘(a) PROHIBITION ON USE IN PERSONNEL ACTIONS.— 
Except as provided in subsection (b), information relating 
to the titling or indexing of a member of the armed forces 
contained in any criminal investigative report prepared by 
any entity of the Department of Defense or index main-
tained by any entity of the Department of Defense for the 
purpose of potential retrieval and analysis by Department 
law enforcement organizations may not be used in connec-
tion with any personnel action involving the member. 
‘‘(b) AUTHORIZED EXCEPTIONS.—The prohibition in 
subsection (a) does not preclude the use of information re-
lating to the titling or indexing of a member— 
‘‘(1) in connection with law enforcement activi-
ties; 
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‘‘(2) in a judicial or administrative action in-
volving the member regarding the alleged offense ref-
erenced in the criminal investigative report or index; 
or 
‘‘(3) in a personnel action if— 
‘‘(A) the member has been adjudged guilty 
of the alleged offense referenced in the criminal 
investigative report or index by military non-ju-
dicial or judicial proceedings or by civilian judi-
cial proceedings; 
‘‘(B) a record of the proceedings is presented 
in connection with the personnel action; and 
‘‘(C) the member is provided the oppor-
tunity to present additional information in re-
sponse to the record of the proceedings. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) INDEXING.—The term ‘indexing’ refers to 
the procedure whereby a Department of Defense 
criminal investigative agency submits identifying in-
formation concerning subjects, victims, or incidentals 
of investigations for addition to the Defense Clearance 
and Investigations Index. 
‘‘(2) TITLING.—The term ‘titling’ refers to the 
process by which a Department of Defense criminal 
investigative agency places the name of a person in 
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the title block of a criminal investigative report at a 
time when the agency has credible information that 
the person committed a criminal offense. The titling, 
however, does not connote any degree of guilt or inno-
cence. 
‘‘(3) PERSONNEL ACTION.—The term ‘personnel 
action’, with respect to a member, means any rec-
ommendation, action, or decision impacting or affect-
ing any aspect of the military service of the mem-
ber.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 1034 the following new item: 
‘‘1034a. Criminal investigative report or index maintained for law enforcement 
retrieval and analysis: limitations on use in personnel actions.’’. 
SEC. 544. PROTECTION OF CHILD CUSTODY ARRANGE-
MENTS FOR PARENTS WHO ARE MEMBERS OF 
THE ARMED FORCES DEPLOYED IN SUPPORT 
OF A CONTINGENCY OPERATION. 
(a) CHILD CUSTODY PROTECTION.—Title II of the 
Servicemembers Civil Relief Act (50 U.S.C. App. 521 et 
seq.) is amended by adding at the end the following new 
section: 
‘‘SEC. 208. CHILD CUSTODY PROTECTION. 
‘‘(a) RESTRICTION ON CHANGE OF CUSTODY.—If a 
motion for change of custody of a child of a servicemember 
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is filed while the servicemember is deployed in support of 
a contingency operation, no court may enter an order modi-
fying or amending any previous judgment or order, or issue 
a new order, that changes the custody arrangement for that 
child that existed as of the date of the deployment of the 
servicemember, except that a court may enter a temporary 
custody order if the court finds that it is in the best interest 
of the child. 
‘‘(b) COMPLETION
OF DEPLOYMENT.—In any pre-
ceding covered under subsection (a), a court shall require 
that, upon the return of the servicemember from deployment 
in support of a contingency operation, the custody order 
that was in effect immediately preceding the date of the de-
ployment of the servicemember is reinstated, unless the 
court finds that such a reinstatement is not in the best in-
terest of the child, except that any such finding shall be 
subject to subsection (c). 
‘‘(c) EXCLUSION OF MILITARY SERVICE FROM DETER-
MINATION OF CHILD’S BEST INTEREST.—If a motion for 
the change of custody of the child of a servicemember is filed, 
no court may consider the absence of the servicemember by 
reason of deployment, or possibility of deployment, in deter-
mining the best interest of the child. 
‘‘(d) NO FEDERAL RIGHT OF ACTION.—Nothing in 
this section shall create a Federal right of action. 
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‘‘(e) PREEMPTION.— In any case where State or Fed-
eral law applicable to a child custody proceeding under 
State or Federal law provides a higher standard of protec-
tion to the rights of the parent who is a servicemember than 
the rights provided under this section, the State or Federal 
court shall apply the State or Federal standard. 
‘‘(f) CONTINGENCY OPERATION DEFINED.—In this sec-
tion, the term ‘contingency operation’ has the meaning 
given that term in section 101(a)(13) of title 10, United 
States Code, except that the term may include such other 
deployments as the Secretary may prescribe.’’. 
(b) CLERICAL AMENDMENT.—The table of contents in 
section 1(b) of such Act is amended by adding at the end 
of the items relating to title II the following new item: 
‘‘208. Child custody protection.’’. 
SEC. 545. IMPROVEMENTS TO DEPARTMENT OF DEFENSE 
DOMESTIC VIOLENCE PROGRAMS. 
(a) IMMEDIATE ACTIONS REQUIRED.— 
(1) ENTRY OF DATA INTO LAW ENFORCEMENT 
SYSTEMS.—The Secretary of Defense shall ensure that 
all command actions related to domestic violence inci-
dents involving members of the Army, Navy, Air 
Force, or Marine Corps are entered into all Depart-
ment of Defense law enforcement systems. 
(2) ISSUANCE OF FAMILY ADVOCACY PROGRAM 
GUIDANCE.—The Secretary of Defense shall issue De-
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partment of Defense Family Advocacy Program guid-
ance. 
(b) 
IMPLEMENTATION
OF
OUTSTANDING
COMP-
TROLLER GENERAL RECOMMENDATIONS.—Consistent with 
the recommendations contained in the report of the Comp-
troller General of the United States titled ‘‘Status of Imple-
mentation of GAO’s 2006 Recommendations on the Depart-
ment of Defense’s Domestic Violence Program’’ (GAO-10- 
577R), the Secretary of Defense shall complete, not later 
than one year after the date of enactment of this Act, imple-
mentation of actions to address the following recommenda-
tions: 
(1) DEFENSE INCIDENT-BASED REPORTING SYS-
TEM.—The Secretary of Defense shall develop a com-
prehensive management plan to address deficiencies 
in the data captured in the Defense Incident-Based 
Reporting System to ensure the system can provide 
an accurate count of the domestic violence incidents 
that are reported throughout the Department of De-
fense. 
(2) ADEQUATE PERSONNEL.—The Secretary of 
Defense shall develop a plan to ensure that adequate 
personnel are available to implement recommenda-
tions made by the Defense Task Force on Domestic 
Violence. 
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(3) DOMESTIC
VIOLENCE
TRAINING
DATA
FOR 
CHAPLAINS.—The Secretary of Defense shall develop a 
plan to collect domestic violence training data for 
chaplains. 
(4) OVERSIGHT FRAMEWORK.—The Secretary of 
Defense shall develop an oversight framework for De-
partment of Defense domestic violence programs, to 
include oversight of implementation of recommenda-
tions made by the Defense Task Force on Domestic 
Violence, budgeting, and policy compliance. 
(c) REPORT.—Not later than 180 days after the date 
of enactment of this Act, the Secretary of Defense shall sub-
mit to the congressional defense committees a report con-
taining the planned actions required under subsections (a) 
and (b). 
SEC. 546. PUBLIC RELEASE OF RESTRICTED ANNEX OF DE-
PARTMENT OF DEFENSE REPORT OF THE 
INDEPENDENT REVIEW RELATED TO FORT 
HOOD PERTAINING TO OVERSIGHT OF THE 
ALLEGED PERPETRATOR OF THE ATTACK. 
(a) RELEASE REQUIRED.—Not later than 10 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall release publicly the restricted annex, de-
scribed in subsection (b), that was part of the January 2010 
Department of Defense Report of the Independent Review 
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167 
Related to Fort Hood and the attack there on November 
5, 2009. 
(b) MATERIAL SUBJECT TO RELEASE; EXCEPTION.— 
The restricted annex referred to in subsection (a) is the doc-
ument described on page 9 of the January 2010 Department 
of Defense Report of the Independent Review Related to 
Fort Hood, which provided the detailed findings, rec-
ommendations, and complete supporting discussions of the 
Independent Review pertaining to the oversight of the al-
leged perpetrator of the November 2009 attack. No part of 
the restricted annex shall be exempted from public release, 
except— 
(1) materials that the Secretary of Defense deter-
mines may imperil, if disclosed, any criminal inves-
tigation or prosecution related to the attack; and 
(2) in accordance with section 1102 of title 10, 
United States Code, the memorandum summarizing 
the results of the medical quality assurance records 
relating to the care provided patients by the alleged 
perpetrator of the attack. 
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Subtitle F—Member Education and 
Training Opportunities and Ad-
ministration 
SEC. 551. REPAYMENT OF EDUCATION LOAN REPAYMENT 
BENEFITS. 
(a) ENLISTED MEMBERS ON ACTIVE DUTY IN SPECI-
FIED MILITARY SPECIALTIES.—Section 2171 of title 10, 
United States Code, is amended by adding at the end the 
following new subsections: 
‘‘(g) Except a person described in subsection (e) who 
transfers to service making the person eligible for repay-
ment of loans under section 16301 of this title, a member 
of the armed forces who fails to complete the period of serv-
ice required to qualify for loan repayment under this sec-
tion shall be subject to the repayment provisions of section 
303a(e) of title 37. 
‘‘(h) The Secretary of Defense may prescribe, by regu-
lations, procedures for implementing this section, including 
standards for qualified loans and authorized payees and 
other terms and conditions for making loan repayments. 
Such regulations may include exceptions that would allow 
for the payment as a lump sum of any loan repayment 
due to a member under a written agreement that existed 
at the time of a member’s death or disability.’’. 
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169 
(b) MEMBERS
OF
SELECTED
RESERVE.—Section 
16301 of such title is amended by adding at the end the 
following new subsections: 
‘‘(h) Except a person described in subsection (e) who 
transfers to service making the person eligible for repay-
ment of loans under section 2171 of this title, a member 
of the armed forces who fails to complete the period of serv-
ice required to qualify for loan repayment under this sec-
tion shall be subject to the repayment provisions of section 
303a(e) of title 37. 
‘‘(i) The Secretary of Defense may prescribe, by regula-
tions, procedures for implementing this section, including 
standards for qualified loans and authorized payees and 
other terms and conditions for making loan repayments. 
Such regulations may include exceptions that would allow 
for the payment as a lump sum of any loan repayment 
due to a member under a written agreement that existed 
at the time of a member’s death or disability.’’. 
SEC. 552. ACTIVE DUTY OBLIGATION FOR GRADUATES OF 
THE MILITARY SERVICE ACADEMIES PARTICI-
PATING IN THE ARMED FORCES HEALTH PRO-
FESSIONS SCHOLARSHIP AND FINANCIAL AS-
SISTANCE PROGRAM. 
(a) UNITED
STATES
MILITARY
ACADEMY
GRAD-
UATES.—Section 4348(a) of title 10, United States Code, 
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is amended by adding at the end the following new para-
graph: 
‘‘(4) That if an appointment described in para-
graph (2) or (3) is tendered and the cadet partici-
pates in the Armed Forces Health Professions Schol-
arship and Financial Assistance program under sub-
chapter I of chapter 105 of this title, the cadet will 
fulfill any unserved obligation incurred under this 
section on active duty, regardless of the type of ap-
pointment held, upon completion of, and in addition 
to, any service obligation incurred under section 2123 
of this title for participation in the program.’’. 
(b) UNITED STATES NAVAL ACADEMY GRADUATES.— 
Section 6959(a) of such title is amended by adding at the 
end the following new paragraph: 
‘‘(4) That if an appointment described in para-
graph (2) or (3) is tendered and the midshipman par-
ticipates in the Armed Forces Health Professions 
Scholarship and Financial Assistance program under 
subchapter I of chapter 105 of this title, the mid-
shipman will fulfill any unserved obligation incurred 
under this section on active duty, regardless of the 
type of appointment held, upon completion of, and in 
addition to, any service obligation incurred under 
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section 2123 of this title for participation in the pro-
gram.’’. 
(c) UNITED STATES AIR FORCE ACADEMY GRAD-
UATES.—Section 9348(a) of such title is amended by add-
ing at the end the following new paragraph: 
‘‘(4) That if an appointment described in para-
graph (2) or (3) is tendered and the cadet partici-
pates in the Armed Forces Health Professions Schol-
arship and Financial Assistance program under sub-
chapter I of chapter 105 of this title, the cadet will 
fulfill any unserved obligation incurred under this 
section on active duty, regardless of the type of ap-
pointment held, upon completion of, and in addition 
to, any service obligation incurred under section 2123 
of this title for participation in the program.’’. 
(d) EFFECTIVE DATE.—The amendments made by this 
section shall apply with respect to appointments to the 
United States Military Academy, the United States Naval 
Academy, and the United States Air Force Academy begin-
ning with the first class of candidates nominated for ap-
pointment to these military service academies after the date 
of the enactment of this Act. 
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SEC. 553. WAIVER OF MAXIMUM AGE LIMITATION ON ADMIS-
SION TO SERVICE ACADEMIES FOR CERTAIN 
ENLISTED MEMBERS WHO SERVED DURING 
OPERATION IRAQI FREEDOM OR OPERATION 
ENDURING FREEDOM. 
(a) WAIVER AUTHORITY.—The Secretary of the mili-
tary department concerned may waive the maximum age 
limitation specified in section 4346(a), 6958(a)(1), or 
9346(a) of title 10, United States Code, for the admission 
of an enlisted member of the Armed Forces to the United 
States Military Academy, the United States Naval Acad-
emy, or the United States Air Force Academy, if the mem-
ber, otherwise satisfies the eligibility requirements for ad-
mission to that academy, and— 
(1) as a result of service on active duty in a the-
ater of operations for Operation Iraqi Freedom or 
Operation Enduring Freedom, was or is prevented 
from being admitted to that academy before the mem-
ber reached the maximum age specified in such sec-
tions; or 
(2) possesses an exceptional overall record that 
the Secretary concerned determines sets the candidate 
apart from all other candidates. 
(b) LIMITATION OF WAIVER.— 
(1) MAXIMUM AGE.—A waiver may not be grant-
ed under subsection (a) to a member of the Armed 
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Forces described in such subsection if the member 
would pass the member’s twenty-sixth birthday by 
July 1 of the year in which the member would enter 
the military service academy. 
(2) MAXIMUM
NUMBER.—No more than five 
members of the Armed Forces may attend each of the 
military service academies at any one time pursuant 
to a waiver granted under subsection (a)(2). 
(c) DURATION OF WAIVER AUTHORITY.—The author-
ity to grant a waiver under subsection (a) expires on Sep-
tember 30, 2015. 
SEC. 554. REPORT OF FEASIBILITY AND COST OF EXPAND-
ING ENROLLMENT AUTHORITY OF COMMU-
NITY COLLEGE OF THE AIR FORCE TO IN-
CLUDE 
ADDITIONAL 
MEMBERS 
OF 
THE 
ARMED FORCES. 
Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to Congress 
a report, prepared in consultation with the Secretary of the 
Air Force, evaluating the feasibility and cost of authorizing 
enlisted members of the Army, Navy, Marine Corps and 
Coast Guard to enroll in Community College of the Air 
Force programs offered under section 9315 of title 10, 
United States Code. 
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174 
Subtitle G—Defense Dependents’ 
Education 
SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 
EDUCATIONAL AGENCIES THAT BENEFIT DE-
PENDENTS OF MEMBERS OF THE ARMED 
FORCES AND DEPARTMENT OF DEFENSE CI-
VILIAN EMPLOYEES. 
(a) ASSISTANCE
TO SCHOOLS WITH SIGNIFICANT 
NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 
amount authorized to be appropriated for fiscal year 2011 
pursuant to section 301(5) for operation and maintenance 
for Defense-wide activities, $50,000,000 shall be available 
only for the purpose of providing assistance to local edu-
cational agencies under subsection (a) of section 572 of the 
National Defense Authorization Act for Fiscal Year 2006 
(Public Law 109–163; 119 Stat. 3271; 20 U.S.C. 7703b). 
(b) ASSISTANCE
TO SCHOOLS WITH ENROLLMENT 
CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE 
CHANGES, OR FORCE RELOCATIONS.—Of the amount au-
thorized to be appropriated for fiscal year 2011 pursuant 
to section 301(5) for operation and maintenance for De-
fense-wide activities, $15,000,000 shall be available only for 
the purpose of providing assistance to local educational 
agencies under subsection (b) of such section 572. 
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(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In this 
section, the term ‘‘local educational agency’’ has the mean-
ing given that term in section 8013(9) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7713(9)). 
SEC. 562. ENROLLMENT OF DEPENDENTS OF MEMBERS OF 
THE ARMED FORCES WHO RESIDE IN TEM-
PORARY HOUSING IN DEPARTMENT OF DE-
FENSE DOMESTIC DEPENDENT ELEMENTARY 
AND SECONDARY SCHOOLS. 
Section 2164(a) of title 10, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(3)(A) The Secretary may, at the discretion of the 
Secretary, permit dependents of members of the armed 
forces described in subparagraph (B) to enroll in an edu-
cational program provided by the Secretary pursuant to 
this subsection without regard to the requirement in para-
graph (1) with respect to residence on a military installa-
tion. 
‘‘(B) Subparagraph (A) applies only if— 
‘‘(i) the dependents reside in temporary housing 
(regardless of whether the temporary housing is on 
Federal property) in lieu of permanent living quar-
ters on a military installation; and 
‘‘(ii) the Secretary determines that the cir-
cumstances of such living arrangements justify ex-
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tending the enrollment authority to include such de-
pendents. 
‘‘(C) The Secretary shall prescribe regulations to en-
sure consistent application of this paragraph.’’. 
Subtitle H—Decorations, Awards, 
and Commemorations 
SEC. 571. NOTIFICATION REQUIREMENT FOR DETERMINA-
TION MADE IN RESPONSE TO REVIEW OF PRO-
POSAL FOR AWARD OF A MEDAL OF HONOR 
NOT PREVIOUSLY SUBMITTED IN TIMELY 
FASHION. 
Section 1130(b) of title 10, United States Code, is 
amended— 
(1) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(2) If a determination under this section includes a 
favorable recommendation for the award of the Medal of 
Honor, submission of the detailed discussion of the rationale 
supporting the determination shall be made through the 
Secretary of Defense.’’. 
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SEC. 572. DEPARTMENT OF DEFENSE RECOGNITION OF 
SPOUSES 
OF 
MEMBERS 
OF 
THE 
ARMED 
FORCES. 
(a) ESTABLISHMENT AND PRESENTATION OF LAPEL 
BUTTONS.—Chapter 57 of title 10, United States Code, is 
amended by inserting after section 1126 the following new 
section: 
‘‘§ 1126a. Spouse of combat veteran lapel button: eligi-
bility and presentation 
‘‘(a) DESIGN AND ELIGIBILITY.—A lapel button, to be 
known as the spouse-of-a-combat-veteran lapel button, shall 
be designed, as approved by the Secretary of Defense, to 
identify and recognize the spouse of a member of the armed 
forces who is serving or has served in a combat zone for 
a period of more than 30 days. 
‘‘(b) PRESENTATION.—The Secretary concerned may 
authorize the use of appropriated funds to procure spouse- 
of-a-combat-veteran lapel buttons and to provide for their 
presentation to eligible spouses of members. 
‘‘(c) EXCEPTION TO TIME PERIOD REQUIREMENT.— 
The 30-day periods specified in subsections (a) and (b) do 
not apply if the member is killed or wounded in the combat 
zone before the expiration the period. 
‘‘(d) LICENSE TO MANUFACTURE AND SELL LAPEL 
BUTTONS.—Section 901(c) of title 36 shall apply with re-
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178 
spect to the spouse-of-a-combat-veteran lapel button author-
ized by this section. 
‘‘(e) COMBAT ZONE DEFINED.—In this section, the 
term ‘combat zone’ has the meaning given that term in sec-
tion 112(c)(2) of the Internal Revenue Code of 1986. 
‘‘(f) REGULATIONS.—The Secretary of Defense shall 
issue such regulations as may be necessary to carry out this 
section. The Secretary shall ensure that the regulations are 
uniform for each armed force to the extent practicable.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 1126 the following new item: 
‘‘1126a. Spouse-of-a-combat-veteran lapel button: eligibility and presentation.’’. 
(c) IMPLEMENTATION.—It is the sense of Congress that, 
as soon as practicable once the spouse-of-a-combat-veteran 
lapel button become available, the Secretary of Defense— 
(1) should widely announce the availability of 
spouse-of-a-combat-veteran lapel buttons through mili-
tary and public information channels; and 
(2) should encourage commanders at all levels to 
conduct ceremonies recognizing the support provided 
by spouses of members of the Armed Forces and to use 
the ceremonies as an opportunity for members to 
present their spouses with a spouse-of-a-combat-vet-
eran lapel button. 
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SEC. 573. DEPARTMENT OF DEFENSE RECOGNITION OF 
CHILDREN OF MEMBERS OF THE ARMED 
FORCES. 
(a) ESTABLISHMENT AND PRESENTATION OF LAPEL 
BUTTONS.—Chapter 57 of title 10, United States Code, is 
amended by inserting after section 1126a, as added by sec-
tion 572, the following new section: 
‘‘§ 1126b. Children of members commemorative lapel 
button: eligibility and presentation 
‘‘(a) DESIGN AND ELIGIBILITY.—A lapel button, to be 
known as the children of military service members com-
memorative lapel button, shall be designed, as approved by 
the Secretary of Defense, to identify and recognize an eligi-
ble child dependent of a member of the armed forces who 
serves on active duty for a period of more than 30 days. 
‘‘(b) PRESENTATION.—The Secretary concerned may 
authorize the use of appropriated funds to procure children 
of military service members commemorative lapel buttons 
and to provide for their presentation to eligible child de-
pendents. 
‘‘(c) LICENSE TO MANUFACTURE AND SELL LAPEL 
BUTTONS.—Section 901(c) of title 36 shall apply with re-
spect to the children of military service members commemo-
rative lapel button authorized by this section. 
‘‘(d) ELIGIBLE CHILD DEPENDENT DEFINED.—In this 
section, the term ‘eligible child dependent’ means a depend-
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ent of a member of the armed forces described in subpara-
graph (D) or (I) of section 1072(2) of this title. 
‘‘(e) REGULATIONS.—The Secretary of Defense shall 
issue such regulations as may be necessary to carry out this 
section. The Secretary shall ensure that the regulations are 
uniform for each armed force to the extent practicable.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by inserting after 
the item relating to section 1126a the following new item: 
‘‘1126b. Children of members commemorative lapel button: eligibility and presen-
tation.’’. 
(c) IMPLEMENTATION.—It is the sense of Congress that, 
as soon as practicable once the children of military service 
members commemorative lapel button become available, the 
Secretary of Defense— 
(1) should widely announce the availability of 
children of military service members commemorative 
lapel buttons through military and public informa-
tion channels; and 
(2) should encourage commanders at all levels to 
conduct ceremonies recognizing the support provided 
by children of members of the Armed Forces and to 
use the ceremonies as an opportunity for members to 
present their children with a children of military 
service members commemorative lapel button. 
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SEC. 574. CLARIFICATION OF PERSONS ELIGIBLE FOR 
AWARD OF BRONZE STAR MEDAL. 
(a) LIMITATION
ON ELIGIBLE PERSONS.—Section 
1133 of title 10, United States Code, is amended to read 
as follows: 
‘‘§ 1133. Bronze Star: limitation on persons eligible to 
receive 
‘‘The decoration known as the ‘Bronze Star’ may only 
be awarded to a member of a military force who— 
‘‘(1) at the time of the events for which the deco-
ration is to be awarded, was serving in a geographic 
area in which special pay is authorized under section 
310 or paragraph (1) or (3) of section 351(a) of title 
37; or 
‘‘(2) receives special pay under section 310 or 
paragraph (1) or (3) of section 351(a) of title 37 as 
a result of those events.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 57 of such title is amended by 
striking the item relating to section 1133 and inserting the 
following new item: 
‘‘1133.Bronze Star: limitation on persons eligible to receive.’’. 
(c) APPLICATION OF AMENDMENT.—The amendment 
made by subsection (a) applies to the award of the Bronze 
Star after October 30, 2000. 
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SEC. 575. AWARD OF VIETNAM SERVICE MEDAL TO VET-
ERANS WHO PARTICIPATED IN MAYAGUEZ 
RESCUE OPERATION. 
(a) IN GENERAL.—The Secretary of the military de-
partment concerned shall, upon the application of an indi-
vidual who is an eligible veteran, award that individual 
the Vietnam Service Medal, notwithstanding any otherwise 
applicable requirements for the award of that medal. Any 
such award shall be made in lieu of any Armed Forces Ex-
peditionary Medal awarded the individual for the individ-
ual’s participation in the Mayaguez rescue operation. 
(b) ELIGIBLE VETERAN.—For purposes of this section, 
the term ‘‘eligible veteran’’ means a member or former mem-
ber of the Armed Forces who was awarded the Armed Forces 
Expeditionary Medal for participation in military oper-
ations known as the Mayaguez rescue operation of May 12– 
15, 1975. 
SEC. 576. AUTHORIZATION FOR AWARD OF MEDAL OF 
HONOR TO CERTAIN MEMBERS OF THE ARMY 
FOR ACTS OF VALOR DURING THE CIVIL WAR, 
KOREAN WAR, OR VIETNAM WAR. 
(a) AUTHORIZATION.—Notwithstanding the time limi-
tations specified in section 3744 of title 10, United States 
Code, or any other time limitation with respect to the 
awarding of certain medals to persons who served in the 
Armed Forces, the President is authorized to award the 
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Medal of Honor under section 3741 of such title to the fol-
lowing former members of the Army for conspicuous acts 
of gallantry and intrepidity at the risk of their life and 
beyond the call of duty, as described in subsection (b): 
(1) First Lieutenant Alonzo H. Cushing, Civil 
War. 
(2) Private John A. Sipe, Civil War. 
(3) Chaplain (Captain) Emil J. Kapaun, Ko-
rean War. 
(4) Specialist Four Robert L. Towles, Vietnam 
War. 
(b) ACTS OF VALOR DESCRIBED.— 
(1) FIRST LIEUTENANT ALONZO H. CUSHING.— 
In the case of First Lieutenant Alonzo H. Cushing, 
the acts of valor referred to in subsection (a) are the 
actions of then First Lieutenant Alonzo H. Cushing 
while in command of Battery A, 4th United States 
Artillery, Army of the Potomac, at Gettysburg, Penn-
sylvania, on July 3, 1863, during the American Civil 
War. 
(2) PRIVATE JOHN A. SIPE.—In the case of Pri-
vate John A. Sipe, the acts of valor referred to in sub-
section (a) are the actions of then Private John A. 
Sipe of Company I of the 205th Regiment Pennsyl-
vania Volunteers, part of the 2d Brigade, 3d Division, 
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9th Corps, Army of the Potomac, on March 25, 1865, 
during the American Civil War. 
(3) CHAPLAIN EMIL J. KAPAUN.—In the case of 
Chaplain (Captain) Emil J. Kapaun, the acts of 
valor referred to in subsection (a) are the actions of 
Chaplain Emil J. Kapaun of 3d Battalion, 8th Cav-
alry Regiment, 1st Cavalry Division during the Bat-
tle of Unsan on November 1 and 2, 1950, and while 
a prisoner of war until his death on May 23, 1952, 
during the Korean War. 
(4) SPECIALIST FOUR ROBERT L. TOWLES.—In 
the case of Specialist Four Robert L. Towles, the acts 
of valor referred to in subsection (a) are the actions 
of then Specialist Four Robert L. Towles of Company 
D, 2d Battalion, 7th Cavalry, 1st Cavalry Division 
on November 17, 1965, during the Vietnam War for 
which he was originally awarded the Bronze Star 
with ‘‘V’’ Device. 
SEC. 577. AUTHORIZATION AND REQUEST FOR AWARD OF 
DISTINGUISHED-SERVICE CROSS TO JAY C. 
COPLEY FOR ACTS OF VALOR DURING THE 
VIETNAM WAR. 
(a) AUTHORIZATION.—Notwithstanding the time limi-
tations specified in section 3744 of title 10, United States 
Code, or any other time limitation with respect to the 
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awarding of certain medals to persons who served in the 
Armed Forces, the Secretary of the Army is authorized and 
requested to award the Distinguished-Service Cross under 
section 3742 of such title to former Captain Jay C. Copley 
of the United States Army for the acts of valor during the 
Vietnam War described in subsection (b). 
(b) ACTS OF VALOR DESCRIBED.—The acts of valor 
referred to in subsection (a) are the actions of then Captain 
Jay C. Copley on May 5, 1968, as commander of Company 
C of the 1st Battalion, 50th Infantry, 173d Airborne Bri-
gade during an engagement with a regimental-size enemy 
force in Bin Dinh Province, South Vietnam. 
SEC. 578. PROGRAM TO COMMEMORATE 60TH ANNIVERSARY 
OF THE KOREAN WAR. 
(a) COMMEMORATIVE PROGRAM AUTHORIZED.—The 
Secretary of Defense may establish and conduct a program 
to commemorate the 60th anniversary of the Korean War 
(in this section referred to as the ‘‘commemorative pro-
gram’’). In conducting the commemorative program, the 
Secretary shall coordinate and support other programs and 
activities of the Federal Government, State and local gov-
ernments, and other persons and organizations in com-
memoration of the Korean War. 
(b) SCHEDULE.—If the Secretary of Defense establishes 
the commemorative program, the Secretary shall determine 
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the schedule of major events and priority of efforts for the 
commemorative program to achieve the commemorative ob-
jectives specified in subsection (c). The Secretary may estab-
lish a committee to assist the Secretary in determining the 
schedule and conducting the commemorative program. 
(c) COMMEMORATIVE ACTIVITIES AND OBJECTIVES.— 
The commemorative program may include activities and 
ceremonies to achieve the following objectives: 
(1) To thank and honor veterans of the Korean 
War, including members of the Armed Forces who 
were held as prisoners of war or listed as missing in 
action, for their service and sacrifice on behalf of the 
United States. 
(2) To thank and honor the families of veterans 
of the Korean War for their sacrifices and contribu-
tions, especially families who lost a loved one in the 
Korean War. 
(3) To highlight the service of the Armed Forces 
during the Korean War and the contributions of Fed-
eral agencies and governmental and non-govern-
mental organizations that served with, or in support 
of, the Armed Forces. 
(4) To pay tribute to the sacrifices and contribu-
tions made on the home front by the people of the 
United States during the Korean War. 
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(5) To provide the people of the United States 
with a clear understanding and appreciation of the 
lessons and history of the Korean War. 
(6) To highlight the advances in technology, 
science, and medicine related to military research 
conducted during the Korean War. 
(7) To recognize the contributions and sacrifices 
made by the allies of the United States during the 
Korean War. 
(d) USE OF THE UNITED STATES OF AMERICA KO-
REAN WAR COMMEMORATION AND SYMBOLS.—Subsection 
(c) of section 1083 of the National Defense Authorization 
Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat. 
1918), as amended by section 1067 of the Strom Thurmond 
National Defense Authorization Act for Fiscal Year 1999 
(Public Law 105–261; 112 Stat. 2134) and section 1052 
of the National Defense Authorization Act for Fiscal Year 
2000 (Public Law 106–65; 113 Stat. 764), shall apply to 
the commemorative program. 
(e) COMMEMORATIVE FUND.— 
(1) ESTABLISHMENT OF NEW ACCOUNT.—If the 
Secretary of Defense establishes the commemorative 
program, the Secretary the Treasury shall establish in 
the Treasury of the United States an account to be 
known as the ‘‘Department of Defense Korean War 
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Commemoration Fund’’ (in this section referred to as 
the ‘‘Fund’’). 
(2) ADMINISTRATION AND USE OF FUND.—The 
Fund shall be available to, and administered by, the 
Secretary of Defense. The Secretary shall use the as-
sets of the Fund only for the purpose of conducting 
the commemorative program and shall prescribe such 
regulations regarding the use of the Fund as the Sec-
retary considers to be necessary. 
(3) DEPOSITS.—There shall be deposited into the 
Fund the following: 
(A) Amounts appropriated to the Fund. 
(B) Proceeds derived from the use by the 
Secretary of Defense of the exclusive rights de-
scribed in subsection (c) of section 1083 of the 
National Defense Authorization Act for Fiscal 
Year 1998 (Public Law 105–85; 111 Stat. 1918). 
(C) Donations made in support of the com-
memorative program by private and corporate 
donors. 
(4) AVAILABILITY.—Subject to paragraph (5), 
amounts in the Fund shall remain available until ex-
pended. 
(5) 
TREATMENT
OF
UNOBLIGATED
FUNDS; 
TRANSFER.—If unobligated amounts remain in the 
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Fund as of September 30, 2013, the Secretary of the 
Treasury shall transfer the amounts to the Depart-
ment of Defense Vietnam War Commemorative Fund 
established pursuant to section 598(e) of the National 
Defense Authorization Act for Fiscal Year 2008 (Pub-
lic Law 110–181; 10 U.S.C. 113 note). The trans-
ferred amounts shall be merged with, and available 
for the same purposes as, other amounts in the De-
partment of Defense Vietnam War Commemorative 
Fund. 
(f) ACCEPTANCE OF VOLUNTARY SERVICES.— 
(1) AUTHORITY TO ACCEPT SERVICES.—Notwith-
standing section 1342 of title 31, United States Code, 
the Secretary of Defense may accept from any person 
voluntary services to be provided in furtherance of the 
commemorative program. The Secretary shall prohibit 
the solicitation of any voluntary services if the nature 
or circumstances of such solicitation would com-
promise the integrity or the appearance of integrity 
of any program of the Department of Defense or of 
any individual involved in the program. 
(2) COMPENSATION
FOR
WORK-RELATED
IN-
JURY.—A person providing voluntary services under 
this subsection shall be considered to be a Federal em-
ployee for purposes of chapter 81 of title 5, United 
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States Code, relating to compensation for work-related 
injuries. The person shall also be considered a special 
governmental employee for purposes of standards of 
conduct and sections 202, 203, 205, 207, 208, and 209 
of title 18, United States Code. A person who is not 
otherwise employed by the Federal Government shall 
not be considered to be a Federal employee for any 
other purpose by reason of the provision of voluntary 
services under this subsection. 
(3) 
REIMBURSEMENT
OF
INCIDENTAL
EX-
PENSES.—The Secretary may provide for reimburse-
ment of incidental expenses incurred by a person pro-
viding voluntary services under this subsection. The 
Secretary shall determine which expenses are eligible 
for reimbursement under this paragraph. 
(g) REPORT REQUIRED.—If the Secretary of Defense 
conducts the commemorative program, the Inspector Gen-
eral of the Department of Defense shall submit to Congress, 
not later than 60 days after the end of the commemorative 
program, a report containing an accounting of— 
(1) all of the funds deposited into and expended 
from the Fund; 
(2) any other funds expended under this section; 
and 
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(3) any unobligated funds remaining in the 
Fund as of September 30, 2013, that are transferred 
to the Department of Defense Vietnam War Com-
memorative Fund pursuant to subsection (e)(5). 
(h) LIMITATION ON EXPENDITURES.—Using amounts 
appropriated to the Department of Defense, the Secretary 
of Defense may not expend more than $5,000,000 to carry 
out the commemorative program. 
Subtitle I—Military Family 
Readiness Matters 
SEC. 581. APPOINTMENT OF ADDITIONAL MEMBER OF DE-
PARTMENT OF DEFENSE MILITARY FAMILY 
READINESS COUNCIL. 
(a) INCLUSION OF SPOUSE OF GENERAL OR FLAG OF-
FICER.—Subsection (b) of section 1781a of title 10, United 
States Code, is amended— 
(1) in paragraph (1)— 
(A) by redesignating subparagraph (E) as 
subparagraph (F); and 
(B) by inserting after subparagraph (D) the 
following new subparagraph: 
‘‘(E) The spouse of a general or flag officer.’’; 
and 
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(2) in paragraph (2), by striking ‘‘subpara-
graphs (C) and (D)’’ and inserting ‘‘subparagraphs 
(C), (D), and (E)’’. 
(b) CLARIFICATION OF APPOINTMENT OPTIONS FOR 
EXISTING
MEMBER.—Subparagraph (F) of subsection 
(b)(1) of such section, as redesignated by subsection 
(a)(1)(A), is amended to read as follows: 
‘‘(F) In addition to the representatives appointed 
under subparagraphs (B) and (C), the senior enlisted 
advisor, or the spouse of a senior enlisted member, 
from each of the Army, Navy, Marine Corps, and Air 
Force.’’. 
(c) APPOINTMENT BY SECRETARY OF DEFENSE.—Sub-
section (b) of such section is further amended— 
(1) in paragraph (1)— 
(A) in subparagraph (B), by striking ‘‘, 
who shall be appointed by the Secretary of De-
fense’’; 
(B) in subparagraph (C), by striking ‘‘, 
who shall be appointed by the Secretary of De-
fense’’ both places it appears; and 
(C) in subparagraph (D), by striking ‘‘by 
the Secretary of Defense’’; and 
(2) by adding at the end the following new para-
graph: 
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‘‘(3) The Secretary of Defense shall appoint the mem-
bers of the Council required by subparagraphs (B) through 
(F) of paragraph (1).’’. 
SEC. 582. DIRECTOR OF THE OFFICE OF COMMUNITY SUP-
PORT FOR MILITARY FAMILIES WITH SPECIAL 
NEEDS. 
Subsection (c) of section 1781c of title 10, United 
States Code, is amended to read as follows: 
‘‘(c) DIRECTOR.—(1) The head of the Office shall be 
the Director of the Office of Community Support for Mili-
tary Families With Special Needs, who shall be a member 
of the Senior Executive Service or a general officer or flag 
officer. 
‘‘(2) In the discharge of the responsibilities of the Of-
fice, the Director shall be subject to the supervision, direc-
tion, and control of the Under Secretary of Defense for Per-
sonnel and Readiness.’’. 
SEC. 583. PILOT PROGRAM OF PERSONALIZED CAREER DE-
VELOPMENT 
COUNSELING 
FOR 
MILITARY 
SPOUSES. 
(a) PILOT PROGRAM REQUIRED.—Section 1784a of 
title 10, United States Code, is amended— 
(1) by redesignating subsections (d) and (e) as 
subsections (e) and (f), respectively; and 
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(2) by inserting after subsection (c) the following 
new subsection (d): 
‘‘(d) PERSONALIZED CAREER DEVELOPMENT COUN-
SELING.— 
‘‘(1) PILOT PROGRAM REQUIRED.—The Secretary 
of Defense shall conduct a pilot program designed to 
provide personalized career development counseling to 
the spouses of members of the armed forces eligible for 
assistance under this section, including
the develop-
ment of strategies, step-by-step guidelines, and 
customizable milestones— 
‘‘(A) to promote a comprehensive, introspec-
tive review of personal skills, experience, goals, 
and requirements with a view to developing a 
personalized plan for career development; 
‘‘(B) to identify career options that are 
portable, personally rewarding, and compatible 
with personal strengths, skills, and experience; 
‘‘(C) to instruct and encourage the use of 
sound personal and professional management 
practices; and 
‘‘(D) to plan career attainment progression 
objectives and measure progress. 
‘‘(2) INCENTIVES
TO
FILL
CRITICAL
CIVILIAN 
SPECIALTIES.—In conducting the pilot program, the 
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Secretary shall consider methods to provide incentives 
for program participants to fill critical civilian spe-
cialties needed in the Department of Defense, includ-
ing the following: 
‘‘(A) Mental health and other health care. 
‘‘(B) Social work. 
‘‘(C) Family welfare. 
‘‘(D) Contract and acquisition manage-
ment. 
‘‘(E) Personal financial management. 
‘‘(F) Day care services. 
‘‘(G) Education. 
‘‘(H) Military resale system. 
‘‘(I) Morale, welfare and recreation activi-
ties. 
‘‘(J) Law enforcement. 
‘‘(3) PROCESS
REVIEWS.—The Secretary shall 
include in the pilot program a periodic review, to be 
conducted by counselors, of progress made by partici-
pants to determine if changes to personal career strat-
egies may be necessary. 
‘‘(4) NUMBER OF PARTICIPANTS.—The Secretary 
of Defense shall enroll at least 75 military spouses in 
the pilot program, but not more than 150 military 
spouses. 
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‘‘(A) REPORT REQUIRED.—The Secretary of 
Defense shall submit to the Committees on 
Armed Services of the Senate and the House of 
Representatives an annual report containing— 
‘‘(i) the results of the most-recent an-
nual evaluation conducted under paragraph 
(7); and 
‘‘(ii) the matters required by subpara-
graph (B). 
‘‘(B) CONTENTS.—Each report under this 
paragraph shall contain, at a minimum, the fol-
lowing: 
‘‘(i) The number of participants in the 
pilot program. 
‘‘(ii) Recommendations for adjustments 
to the pilot program. 
‘‘(iii) Recommendations for extending 
the pilot program or implementing a per-
manent comprehensive career development 
for military spouses. 
‘‘(C) TIME FOR SUBMISSION.—The first re-
port under this subsection shall be submitted not 
later than one year after the date of the com-
mencement of counseling services under the pilot 
program. Subsequent reports shall be submitted 
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for each year of the pilot program, with the final 
report being submitted not later than 90 days 
after the termination of the pilot program. 
‘‘(9) TERMINATION.—The pilot program shall 
terminate at the end of the three-year period begin-
ning on the date on which the Secretary of Defense 
notifies the Committees on Armed Services of the Sen-
ate and the House of Representatives of the com-
mencement of counseling services under the pilot pro-
gram.’’. 
(b) IMPLEMENTATION PLAN.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to Committees on Armed Services 
of the Senate and the House of Representatives a plan to 
implement the pilot program under subsection (d) of section 
1784a of title 10, United States Code, as added by sub-
section (a). 
SEC. 584. MODIFICATION OF YELLOW RIBBON REINTEGRA-
TION PROGRAM. 
(a) OFFICE FOR REINTEGRATION PROGRAMS.—Sub-
section (d)(1) of section 582 of the National Defense Author-
ization Act for Fiscal Year 2008 (Public Law 110–181; 10 
U.S.C. 10101 note) is amended— 
(1) by striking ‘‘The Under’’ and inserting the 
following: 
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‘‘(A) IN GENERAL.—The Under’’; and 
(2) in the last sentence— 
(A) by striking ‘‘The office may also’’ and 
inserting the following: 
‘‘(B) PARTNERSHIPS AND ACCESS.—The of-
fice may’’; 
(B) by inserting ‘‘and the Department of 
Veterans Affairs’’ after ‘‘Administration’’; and 
(C) by adding at the end the following new 
sentence: ‘‘Service and State-based programs 
may provide access to curriculum, training, and 
support for services to members and families 
from all components.’’. 
(b) CENTER FOR EXCELLENCE IN REINTEGRATION.— 
Subsection (d)(2) of such section is amended by adding at 
the end the following new sentence: ‘‘The Center shall de-
velop and implement a process for evaluating the effective-
ness of the Yellow Ribbon Reintegration Program in sup-
porting the health and well-being of members of the Armed 
Forces and their families throughout the deployment cycle 
described in subsection (g)’’. 
(c) STATE DEPLOYMENT CYCLE SUPPORT TEAMS.— 
Subsection (f)(3) of such section is amended by inserting 
‘‘and community-based organizations’’ after ‘‘service pro-
viders’’. 
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(d) OPERATION OF PROGRAM DURING DEPLOYMENT 
AND POST-DEPLOYMENT-RECONSTITUTION PHASES.—Sub-
section (g) of such section is amended— 
(1) in paragraph (3), by inserting ‘‘and to de-
crease the isolation of families during deployment’’ 
after ‘‘combat zone’’; and 
(2) in paragraph (5)(A), by inserting ‘‘, pro-
viding information on employment opportunities,’’ 
after ‘‘communities’’. 
(e) ADDITIONAL OUTREACH SERVICE.—Subsection (h) 
of such section, as amended by section 595(1) of the Na-
tional Defense Authorization Act for Fiscal Year 2010 (Pub-
lic Law 110–84; 123 Stat. 2338), is amended by adding 
at the end the following new paragraph: 
‘‘(15) Resiliency training to promote comprehen-
sive programs for members of the Armed Forces to 
build mental and emotional resiliency for successfully 
meeting the demands of the deployment cycle.’’. 
SEC. 585. IMPORTANCE OF OFFICE OF COMMUNITY SUP-
PORT FOR MILITARY FAMILIES WITH SPECIAL 
NEEDS. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that the Office of Community Support for Military Fami-
lies with Special Needs, as established pursuant to section 
1781c of title 10, United States Code, as added by section 
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201 
563 of the National Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111–84; 123 Stat. 2304), is the best 
structure— 
(1) to determine what medical, educational, and 
other support services are required by military fami-
lies with children who have a medical or educational 
special need; and 
(2) to ensure that those services are made avail-
able to military families with special needs. 
(b) SPECIFIC BUDGETING
FOR OFFICE.—Effective 
with the Program Objective Memorandum to be issued for 
fiscal year 2012 and thereafter and containing rec-
ommended programming and resource allocations for the 
Department of Defense, the Secretary of Defense shall spe-
cifically address the Office of Community Support for Mili-
tary Families with Special Needs to ensure that a separate 
line of funding is allocated to the Office. 
SEC. 586. COMPTROLLER GENERAL REPORT ON DEPART-
MENT OF DEFENSE OFFICE OF COMMUNITY 
SUPPORT FOR MILITARY FAMILIES WITH SPE-
CIAL NEEDS. 
(a) REPORT REQUIRED.—The Comptroller General of 
the United States shall prepare a report identifying— 
(1) the progress made in implementing the Office 
of Community Support for Military Families with 
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202 
Special Needs, as established pursuant to section 
1781c of title 10, United States Code, as added by sec-
tion 563 of the National Defense Authorization Act 
for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 
2304); 
(2) the policies governing the operation of the Of-
fice; and 
(3) any gaps that still exist in ensuring that 
members of the Armed Forces who have dependents 
with special needs receive the support and services 
they deserve. 
(b) ELEMENTS OF REPORT.—In the report required by 
subsection (a), the Comptroller General shall specifically 
address the following: 
(1) The implementation of the responsibilities 
and duties assigned to the Office of Community Sup-
port for Military Families With Special Needs pursu-
ant to subsections (d), (e), and (f) of section 1781c of 
title 10, United States Code. 
(2) The manner in which the Department of De-
fense and the military departments intend to ensure 
that feedback is provided to the Office of Community 
Support for Military Families With Special Needs to 
ensure that the services and policy put in place are 
appropriate. 
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203 
(c) RECOMMENDATIONS.—The Comptroller General 
shall include in the report required by subsection (a) spe-
cific recommendations on the establishment, reporting re-
quirements, internal monitoring, and oversight of the Office 
of Community Support for Military Families With Special 
Needs by the Under Secretary of Defense for Personnel and 
Readiness to ensure that the mission of the Office is being 
accomplished. 
(d) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Comptroller General shall 
submit the report required by subsection (a) to the congres-
sional defense committees. 
SEC. 587. COMPTROLLER GENERAL REPORT ON EXCEP-
TIONAL FAMILY MEMBER PROGRAM. 
(a) ASSESSMENT REQUIRED.—The Comptroller Gen-
eral of the United States shall conduct an assessment of the 
Exceptional Family Member Program of the Department 
of Defense to review the operation of the program in each 
of the Armed Forces, including program policies, best prac-
tices, execution, implementation and strategic planning, to 
determine program variances and to make recommenda-
tions to improve and standardize program effectiveness and 
support for members of the Armed Forces who have depend-
ents with special needs. 
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204 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Comptroller General shall 
submit to the congressional defense committees a report con-
taining the results of the assessment and review under sub-
section (a). 
SEC. 588. COMPTROLLER GENERAL REVIEW OF DEPART-
MENT OF DEFENSE MILITARY SPOUSE EM-
PLOYMENT PROGRAMS. 
(a) COMPTROLLER GENERAL REVIEW.—The Comp-
troller General of the United States shall carry out a review 
of all Department of Defense spouse employment programs. 
(b) ELEMENTS OF REVIEW.—At a minimum, the re-
view shall address the following: 
(1) The efficacy and effectiveness of Department 
of Defense spouse employment programs. 
(2) All current Department of Defense programs 
that are in place to support military spouses or de-
pendents for the purposes of employment assistance. 
(3) The types of military spouse employment 
programs that have been considered or used in the 
past by the Department of Defense. 
(4) The ways in which military spouse employ-
ment programs have changed in recent years. 
(5) The benefits or programs that are specifically 
available to support military spouses of members of 
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205 
the Armed Forces serving in Operation Iraqi Freedom 
or Operation Enduring Freedom. 
(6) The existing feedback mechanisms available 
for military spouses to express their views on the ef-
fectiveness and future direction of relevant Depart-
ment of Defense programs and policies. 
(7) The degree of oversight provided by the Office 
of Personnel and Management regarding military 
spouse preferences. 
(c) SUBMISSION OF RESULTS.—Not later than March 
1, 2011, the Comptroller General shall submit to the con-
gressional defense committees a report containing— 
(1) the results of the review; 
(2) the assumptions upon which the review was 
based and the validity and completeness of such as-
sumptions; and 
(3) such recommendations as the Comptroller 
General considers necessary for improving Depart-
ment of Defense spouse employment programs. 
SEC. 589. REPORT ON DEPARTMENT OF DEFENSE MILITARY 
SPOUSE EDUCATION PROGRAMS. 
(a) REVIEW REQUIRED.—The Secretary of Defense 
shall carry out a review of all Department of Defense edu-
cation programs designed to support spouses of members of 
the Armed Forces. 
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(b) ELEMENTS OF REVIEW.—At a minimum, the re-
view shall evaluate the following: 
(1) All current Department of Defense programs 
that are in place to advance military spouse edu-
cation opportunities. 
(2) The efficacy and effectiveness of Department 
of Defense spouse education programs. 
(3) The effect that a lack military spouse edu-
cation opportunities has on the ability to retain 
members of the Armed Forces. 
(4) A comparison of the costs associated with 
providing military spouse education opportunities to 
retain members rather than recruiting or training 
new members. 
(c) SUBMISSION OF RESULTS.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the congressional defense 
committees a report containing— 
(1) the results of the review; and 
(2) such recommendations as the Secretary con-
siders necessary for improving Department of Defense 
spouse education programs. 
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213 
‘‘§ 2601a. Direct acceptance of gifts by members of the 
armed forces and Department of Defense 
and Coast Guard employees and their 
families 
‘‘(a) REGULATIONS
GOVERNING
ACCEPTANCE
OF 
GIFTS.—(1) The Secretary of Defense (and the Secretary 
of Homeland Security in the case of the Coast Guard) shall 
issue regulations to provide that, subject to such limitations 
as may be specified in such regulations, the following indi-
viduals may accept gifts from nonprofit organizations, pri-
vate parties, and other sources outside the Department of 
Defense or the Department of Homeland Security: 
‘‘(A) A member of the armed forces described in 
subsection (c). 
‘‘(B) A civilian employee of the Department of 
Defense or Coast Guard described in subsection (d). 
‘‘(C) The family members of such a member or 
employee. 
‘‘(D) Survivors of such a member or employee 
who is killed. 
‘‘(2) The regulations required by this subsection shall 
apply uniformly to all elements of the Department of De-
fense and, to the maximum extent feasible, to the Coast 
Guard. 
‘‘(b) EXCEPTION TO GIFT BAN.—A member of the 
armed forces described in subsection (c) and a civilian em-
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214 
ployee described in subsection (d) may accept gifts as pro-
vided in the regulations issued under subsection (a) not-
withstanding section 7353 of title 5. 
‘‘(c) COVERED MEMBERS.—This section applies to a 
member of the armed forces who, while performing active 
duty, full-time National Guard duty, or inactive-duty 
training on or after September 11, 2001, incurred an injury 
or illness— 
‘‘(1) as described in section 1413a(e)(2) of this 
title; 
‘‘(2) in an operation or area designated as a 
combat operation or a combat zone by the Secretary 
of Defense in accordance with the regulations issued 
under subsection (a); or 
‘‘(3) under other circumstances determined by 
the Secretary concerned to warrant treatment analo-
gous to members covered by paragraph (1) or (2). 
‘‘(d) COVERED EMPLOYEES.—This section applies to 
a civilian employee of the Department of Defense or Coast 
Guard who, while an employee on or after September 11, 
2001, incurred an injury or illness under a circumstance 
described in paragraph (1), (2), or (3) of subsection (c). 
‘‘(e) GIFTS FROM CERTAIN SOURCES PROHIBITED.— 
The regulations issued under subsection (a) may not au-
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271 
of one department is operating in or with a facility 
of the other department. 
‘‘(C) The term ‘medical facility’, with respect to 
a facility of the Department of Veterans Affairs, has 
the meaning given that term in section 8101(3) of 
title 38.’’. 
(b) TITLE 38.— 
(1) IN GENERAL.—Subchapter IV of chapter 81 
of title 38, United States Code, is amended by adding 
at the end the following new section: 
‘‘§ 8159. Limitation on establishment of joint facilities 
of the Department of Veterans Affairs and 
the Department of Defense 
‘‘(a) LIMITATION.—Except as provided in subsection 
(b), no funds authorized to be appropriated or otherwise 
made available for fiscal year 2012 or any fiscal year there-
after for medical facilities of the Department of Veterans 
Affairs may be obligated or expended to establish a joint 
facility unless both the medical facility of the Department 
of Veterans Affairs and the military medical treatment fa-
cility of the Department of Defense were included in a re-
port submitted by the Secretary of Veterans Affairs and the 
Secretary of Defense to the appropriate congressional com-
mittees under section 1073b(c) of title 10. 
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