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(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. 556. REPORT ON NAVY REVIEW, FINDINGS, AND AC-
TIONS PERTAINING TO MEDAL OF HONOR 
NOMINATION OF MARINE CORPS SERGEANT 
RAFAEL PERALTA. 
Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of the Navy shall submit 
to the Committees on Armed Services of the Senate and 
House of Representatives a report describing the Navy re-
view, findings, and actions pertaining to the Medal of 
Honor nomination of Marine Corps Sergeant Rafael 
Peralta. The report shall account for all evidence sub-
mitted with regard to the case. 
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Subtitle G—Defense Dependents’ 
Education and Military Family 
Readiness Matters 
SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 
EDUCATIONAL AGENCIES THAT BENEFIT DE-
PENDENTS OF MEMBERS OF THE ARMED 
FORCES AND DEPARTMENT OF DEFENSE CI-
VILIAN EMPLOYEES. 
(a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT 
NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 
amount authorized to be appropriated for fiscal year 2013 
by section 301 and available for operation and mainte-
nance for Defense-wide activities as specified in the fund-
ing table in section 4301, $25,000,000 shall be available 
only for the purpose of providing assistance to local edu-
cational agencies under subsection (a) of section 572 of 
the National Defense Authorization Act for Fiscal Year 
2006 (Public Law 109–163; 20 U.S.C. 7703b). 
(b) ASSISTANCE TO SCHOOLS WITH ENROLLMENT 
CHANGES DUE TO BASE CLOSURES, FORCE STRUCTURE 
CHANGES, OR FORCE RELOCATIONS.—Of the amount au-
thorized to be appropriated for fiscal year 2013 by section 
301 and available for operation and maintenance for De-
fense-wide activities as specified in the funding table in 
section 4301, $5,000,000 shall be available only for the 
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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. 562. TRANSITIONAL COMPENSATION FOR DEPENDENT 
CHILDREN WHO WERE CARRIED DURING 
PREGNANCY AT THE TIME OF DEPENDENT- 
ABUSE OFFENSE COMMITTED BY AN INDI-
VIDUAL WHILE A MEMBER OF THE ARMED 
FORCES. 
(a) DEFINITION
OF
DEPENDENT
CHILD.—Sub-
section (l) of section 1059 of title 10, United States Code, 
is amended in the matter preceding paragraph (1) by 
striking ‘‘at the time of the dependent-abuse offense re-
sulting in the separation of the former member’’ and in-
serting ‘‘or eligible spouse or former spouse at the time 
of the dependent-abuse offense resulting in the separation 
of the former member or who was carried during preg-
nancy at the time of the dependent-abuse offense resulting 
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in the separation of the former member and was subse-
quently born alive to the eligible spouse or former spouse’’. 
(b) DETERMINATION OF PAYMENT AMOUNT.—Sub-
section (f) of such section is amended by adding at the 
end the following new paragraph: 
‘‘(4) A payment to a child under this section shall 
not cover any period during which the child was in utero.’’. 
(c) PROSPECTIVE APPLICABILITY.—No benefits shall 
accrue by reason of the amendments made by this section 
for any month that begins before the date of the enact-
ment of this Act. 
SEC. 563. MODIFICATION OF AUTHORITY TO ALLOW DE-
PARTMENT OF DEFENSE DOMESTIC DEPEND-
ENT 
ELEMENTARY 
AND 
SECONDARY 
SCHOOLS TO ENROLL CERTAIN STUDENTS. 
Section 2164 of title 10, United States Code, is 
amended by adding at the end the following new sub-
sections: 
‘‘(k) ENROLLMENT OF RELOCATED DEFENSE DE-
PENDENTS’ EDUCATION SYSTEM STUDENTS.—(1) The 
Secretary of Defense may authorize the enrollment in a 
Department of Defense education program provided by 
the Secretary pursuant to subsection (a) of a dependent 
of a member of the armed forces or a dependent of a Fed-
eral employee who is enrolled in the defense dependents’ 
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education system established under section 1402 of the 
Defense Dependents’ Education Act of 1978 (20 U.S.C. 
921) if— 
‘‘(A) the dependents departed the overseas loca-
tion as a result of a evacuation order; 
‘‘(B) the designated safe haven of the depend-
ent is located within reasonable commuting distance 
of a school operated by the Department of Defense 
education program; and 
‘‘(C) the school possesses the capacity and re-
sources necessary to enable the student to attend the 
school. 
‘‘(2) A dependent described in paragraph (1) who is 
enrolled in a school operated by the Department of De-
fense education program pursuant to such paragraph may 
attend the school only through the end of the school year. 
‘‘(l) ENROLLMENT IN VIRTUAL ELEMENTARY AND 
SECONDARY EDUCATION PROGRAM.—(1) Under regula-
tions prescribed by the Secretary of Defense, the Secretary 
may authorize the enrollment in the virtual elementary 
and secondary education program established as a compo-
nent of the Department of Defense education program of 
a dependent of a member of the armed forces on active 
duty who— 
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‘‘(A) is enrolled in an elementary or secondary 
school operated by a local educational agency or an-
other accredited educational program in the United 
States (other than a school operated by the Depart-
ment of Defense education program); and 
‘‘(B) immediately before such enrollment, was 
enrolled in the defense dependents’ education system 
established under section 1402 of the Defense De-
pendents’ Education Act of 1978 (20 U.S.C. 921). 
‘‘(2) Enrollment of a dependent described in para-
graph (1) pursuant to such paragraph shall be on a tuition 
basis.’’. 
SEC. 564. PROTECTION OF CHILD CUSTODY ARRANGE-
MENTS FOR PARENTS WHO ARE MEMBERS OF 
THE ARMED FORCES. 
(a) CHILD CUSTODY PROTECTION.—Title II of the 
Servicemembers Civil Relief Act (50 U.S.C. App. 521 et 
seq.) is amended by adding at the end the following new 
section: 
‘‘SEC. 208. CHILD CUSTODY PROTECTION. 
‘‘(a) 
RESTRICTION
ON
TEMPORARY
CUSTODY 
ORDER.—If a court renders a temporary order for custo-
dial responsibility for a child based solely on a deployment 
or anticipated deployment of a parent who is a service-
member, then the court shall require that, upon the return 
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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 JURISDICTION OR RIGHT OF AC-
TION OR REMOVAL.—Nothing in this section shall create 
a Federal right of action or otherwise give rise to Federal 
jurisdiction or create a right of removal. 
‘‘(d) PREEMPTION.—In any case where State law ap-
plicable to a child custody proceeding involving a tem-
porary order as contemplated in this section provides a 
higher standard of protection to the rights of the parent 
who is a deploying servicemember than the rights provided 
under this section with respect to such temporary order, 
the appropriate court shall apply the higher State stand-
ard. 
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‘‘(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. 565. TREATMENT OF RELOCATION OF MEMBERS OF 
THE ARMED FORCES FOR ACTIVE DUTY FOR 
PURPOSES OF MORTGAGE REFINANCING. 
(a) IN GENERAL.—Title III of the Servicemembers 
Civil Relief Act is amended by inserting after section 303 
(50 U.S.C. App. 533) the following new section: 
‘‘SEC. 
303A. 
TREATMENT 
OF 
RELOCATION 
OF 
SERVICEMEMBERS FOR ACTIVE DUTY FOR 
PURPOSES OF MORTGAGE REFINANCING. 
‘‘(a) TREATMENT OF ABSENCE FROM RESIDENCE 
DUE TO ACTIVE DUTY.—While a servicemember who is 
the mortgagor under an existing mortgage does not reside 
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in the residence that secures the existing mortgage be-
cause of a relocation described in subsection (c)(1)(B), if 
the servicemember inquires about or applies for a covered 
refinancing mortgage, the servicemember shall be consid-
ered, for all purposes relating to the covered refinancing 
mortgage (including such inquiry or application and eligi-
bility for, and compliance with, any underwriting criteria 
and standards regarding such covered refinancing mort-
gage) to occupy the residence that secures the existing 
mortgage to be paid or prepaid by such covered refi-
nancing mortgage as the principal residence of the service-
member during the period of such relocation. 
‘‘(b) LIMITATION.—Subsection (a) shall not apply 
with respect to a servicemember who inquires about or ap-
plies for a covered refinancing mortgage if, during the 5- 
year period preceding the date of such inquiry or applica-
tion, the servicemember entered into a covered refinancing 
mortgage pursuant to this section. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) EXISTING MORTGAGE.—The term ‘existing 
mortgage’ means a mortgage that is secured by a 1- 
to 4-family residence, including a condominium or a 
share in a cooperative ownership housing associa-
tion, that was the principal residence of a service-
member for a period that— 
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‘‘(A) had a duration of 13 consecutive 
months or longer; and 
‘‘(B) ended upon the relocation of the serv-
icemember caused by the servicemember receiv-
ing military orders for a permanent change of 
station or to deploy with a military unit, or as 
an individual in support of a military operation, 
for a period of not less than 18 months that did 
not allow the servicemember to continue to oc-
cupy such residence as a principal residence. 
‘‘(2) COVERED REFINANCING MORTGAGE.—The 
term ‘covered refinancing mortgage’ means any 
mortgage that— 
‘‘(A) is made for the purpose of paying or 
prepaying, and extinguishing, the outstanding 
obligations under an existing mortgage or mort-
gages; and 
‘‘(B) is secured by the same residence that 
secured such existing mortgage or mortgages.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by inserting after 
the item relating to section 303 the following new item: 
‘‘303A. Treatment of relocation of servicemembers for active duty for purposes 
of mortgage refinancing.’’. 
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SEC. 566. SENSE OF CONGRESS REGARDING SUPPORT FOR 
YELLOW RIBBON DAY. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The hopes and prayers of the American peo-
ple for the safe return of members of the Armed 
Forces serving overseas are demonstrated through 
the proud display of yellow ribbons. 
(2) The designation of a ‘‘Yellow Ribbon Day’’ 
would serve as an additional reminder for all Ameri-
cans of the continued sacrifice of members of the 
Armed Forces. 
(3) Yellow Ribbon Day would also recognize the 
history and meaning of the Yellow Ribbon as the 
symbol of support for members of the Armed Forces 
and American civilians serving in combat or crisis 
situations overseas. 
(b) SENSE OF CONGRESS.—Congress supports the 
goals and ideals of Yellow Ribbon Day, observed on April 
9th each year, in honor of members of the Armed Forces 
and American civilians who are serving overseas in defense 
of the United States apart from their families and loved 
ones. 
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Subtitle H—Improved Sexual As-
sault Prevention and Response 
in the Armed Forces 
SEC. 571. ESTABLISHMENT OF SPECIAL VICTIM TEAMS TO 
RESPOND 
TO 
ALLEGATIONS 
OF 
CHILD 
ABUSE, SERIOUS DOMESTIC VIOLENCE, OR 
SEXUAL OFFENSES. 
(a) ESTABLISHMENT REQUIRED.—The Secretary of 
each military department shall establish special victim 
teams for the purpose of— 
(1) investigating and prosecuting allegations of 
child abuse, serious domestic violence, or sexual of-
fenses; and 
(2) providing support for the victims of such of-
fenses. 
(b) PERSONNEL.—A special victim team shall be 
comprised of specially trained and selected— 
(1) investigators from the Defense Criminal In-
vestigative Service, Army Criminal Investigative 
Command, Naval Criminal Investigative Service, or 
Air Force Office of Special Investigations; 
(2) judge advocates; 
(3) victim witness assistance personnel; and 
(4) administrative paralegal support personnel. 
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(c) TRAINING, SELECTION, AND
CERTIFICATION 
STANDARDS.—The Secretary of each military department 
shall prescribe standards for the training, selection, and 
certification of personnel for special victim teams estab-
lished by that Secretary. 
(d) TIME FOR ESTABLISHMENT.— 
(1) DISCRETION
REGARDING
NUMBER
OF 
TEAMS NEEDED.—The Secretary of a military de-
partment shall determine the total number of special 
victim teams to be established, and prescribe regula-
tions for their management and use, in order to pro-
vide effective, timely, and responsive world-wide sup-
port for the purposes described in subsection (a). 
Not later than 270 days after the date of the enact-
ment of this Act, each Secretary shall submit to the 
Committees on Armed Services of the Senate and 
the House of Representatives a plan and time line 
for the establishment of the special victim teams 
that the Secretary has determined are needed. 
(2) INITIAL TEAM.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary of each military department shall have avail-
able for use at least one special victim team. 
(e) EVALUATION
OF EFFECTIVENESS.—Not later 
than 180 days after the date of the enactment of this Act, 
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the Secretary of Defense shall prescribe the common cri-
teria to be used by the Secretaries of the military depart-
ments to measure the effectiveness and impact of the spe-
cial victim teams from the investigative, prosecutorial, and 
victim’s perspectives, and require the Secretaries of the 
military departments to collect and report the data re-
quired by the Secretary of Defense. 
(f) SPECIAL VICTIM TEAM DEFINED.—In this sec-
tion, the term ‘‘special victim team’’ means a distinct, rec-
ognizable group of appropriately skilled professionals who 
work collaboratively to achieve the purposes described in 
subsection (a). This section does not require that a special 
victim team be created as separate military unit or have 
a separate chain of command. 
SEC. 572. ENHANCEMENT TO TRAINING AND EDUCATION 
FOR SEXUAL ASSAULT PREVENTION AND RE-
SPONSE. 
Section 585 of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1434) is amended by adding at the end the following new 
subsections: 
‘‘(d) COMMANDERS’ TRAINING.—The Secretary of 
Defense shall provide for the inclusion of a sexual assault 
prevention and response training module in the training 
for new or prospective commanders at all levels of com-
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mand. The training shall be tailored to the responsibilities 
and leadership requirements of members of the Armed 
Forces as they are assigned to command positions. Such 
training shall include the following: 
‘‘(1) Fostering a command climate that does 
not tolerate sexual assault. 
‘‘(2) Fostering a command climate in which 
persons assigned to the command are encouraged to 
intervene to prevent potential incidents of sexual as-
sault. 
‘‘(3) Fostering a command climate that encour-
ages victims of sexual assault to report any incident 
of sexual assault. 
‘‘(4) Understanding the needs of, and the re-
sources available to, the victim after an incident of 
sexual assault. 
‘‘(5) Use of military criminal investigative orga-
nizations for the investigation of alleged incidents of 
sexual assault. 
‘‘(6) Available disciplinary options, including 
court-martial, non-judicial punishment, administra-
tive action, and deferral of discipline for collateral 
misconduct, as appropriate. 
‘‘(e) EXPLANATION TO BE INCLUDED IN INITIAL 
ENTRY AND ACCESSION TRAINING.— 
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‘‘(1) REQUIREMENT.—The Secretary of De-
fense shall require that the matters specified in 
paragraph (2) be carefully explained to each member 
of the Army, Navy, Air Force, and Marine Corps at 
the time of (or within fourteen duty days after)— 
‘‘(A) the member’s initial entrance on ac-
tive duty; or 
‘‘(B) the member’s initial entrance into a 
duty status with a reserve component. 
‘‘(2) MATTERS TO BE EXPLAINED.—This sub-
section applies with respect to the following: 
‘‘(A) Department of Defense policy with 
respect to sexual assault. 
‘‘(B) The resources available with respect 
to sexual assault reporting and prevention and 
the procedures to be followed by a member 
seeking to access those resources.’’. 
SEC. 573. ENHANCEMENT TO REQUIREMENTS FOR AVAIL-
ABILITY OF INFORMATION ON SEXUAL AS-
SAULT 
PREVENTION 
AND 
RESPONSE 
RE-
SOURCES. 
(a) REQUIRED POSTING OF INFORMATION ON SEX-
UAL
ASSAULT
PREVENTION
AND
RESPONSE
RE-
SOURCES.— 
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(1) POSTING.—The Secretary of Defense shall 
require that there be prominently posted, in accord-
ance with paragraph (2), notice of the following in-
formation relating to sexual assault prevention and 
response, in a form designed to ensure visibility and 
understanding: 
(A) Resource information for members of 
the Armed Forces, military dependents, and ci-
vilian personnel of the Department of Defense 
with respect to prevention of sexual assault and 
reporting of incidents of sexual assault. 
(B) Contact information for personnel who 
are designated as Sexual Assault Response Co-
ordinators and Sexual Assault Victim Advo-
cates. 
(C) The Department of Defense ‘‘hotline’’ 
telephone number, referred to as the Safe 
Helpline, for reporting incidents of sexual as-
sault, or any successor operation. 
(2) POSTING PLACEMENT.—Posting under sub-
section (a) shall be at the following locations, to the 
extent practicable: 
(A) Any Department of Defense duty facil-
ity. 
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(B) Any Department of Defense dining fa-
cility. 
(C) Any Department of Defense multi-unit 
residential facility. 
(D) Any Department of Defense health 
care facility. 
(E) Any Department of Defense com-
missary or exchange. 
(F) Any Department of Defense Commu-
nity Service Agency. 
(G) Any Department of Defense website. 
(b) NOTICE
TO VICTIMS
OF AVAILABLE ASSIST-
ANCE.—The Secretary of Defense shall require that proce-
dures in the Department of Defense for responding to a 
complaint or allegation of sexual assault submitted by or 
against a member of the Armed Forces include prompt 
notice to the person making the complaint or allegation 
of the forms of assistance available to that person from 
the Department of Defense and, to the extent known to 
the Secretary, through other departments and agencies, 
including State and local agencies, and other sources. 
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SEC. 574. MODIFICATION OF ANNUAL DEPARTMENT OF DE-
FENSE REPORTING REQUIREMENTS REGARD-
ING SEXUAL ASSAULTS. 
(a) GREATER DETAIL IN CASE SYNOPSES PORTION 
OF REPORT.—Section 1631 of the Ike Skelton National 
Defense Authorization Act for Fiscal Year 2011 (Public 
Law 111–383; 124 Stat. 4433; 10 U.S.C. 1561 note) is 
amended by adding at the end the following new sub-
section: 
‘‘(f) ADDITIONAL DETAILS
FOR CASE SYNOPSES 
PORTION OF REPORT.—The Secretary of each military de-
partment shall include in the case synopses portion of each 
report described in subsection (b)(3) the following addi-
tional information: 
‘‘(1) If an Article 32 Investigating Officer rec-
ommends dismissal of the charges against a member 
of the Armed Forces accused of committing a sexual 
assault, the case synopsis shall explicitly state the 
reasons for that recommendation. 
‘‘(2) If the case synopsis states that a member 
of the Armed Forces accused of committing a sexual 
assault was administratively separated or, in the 
case of an officer, allowed to resign in lieu of facing 
a court martial, the case synopsis shall include the 
characterization (honorable, general, or other than 
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honorable) given the service of the member upon 
separation. 
‘‘(3) The case synopsis shall indicate whether a 
member of the Armed Forces accused of committing 
a sexual assault was ever previously accused of a 
substantiated sexual assault. 
‘‘(4) The case synopsis shall indicate the branch 
of the Armed Forces of each member accused of 
committing a sexual assault and the branch of the 
Armed Forces of each member who is a victim of a 
sexual assault. 
‘‘(5) If the case disposition includes non-judicial 
punishment, the case synopsis shall explicitly state 
the nature of the punishment. 
‘‘(6) If alcohol was involved in any way in a 
substantiated sexual assault incident, the case syn-
opsis shall specify whether the member of the Armed 
Forces accused of committing the sexual assault had 
previously been ordered to attend substance abuse 
counseling.’’. 
(b) APPLICATIONS
FOR CERTAIN TRANSFERS
BY 
SEXUAL ASSAULT VICTIMS.—Subsection (b) of such sec-
tion is amended by adding at the end the following new 
paragraph: 
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‘‘(7) The number of applications submitted 
under section 673 of title 10, United States Code, 
during the year covered by the report for a perma-
nent change of station or unit transfer for members 
of the Armed Forces on active duty who are the vic-
tim of a sexual assault or related offense, the num-
ber of applications denied, and, for each application 
denied, a description of the reasons why the applica-
tion was denied.’’. 
(c) APPLICATION OF AMENDMENTS.—The amend-
ments made by this section shall apply beginning with the 
report regarding sexual assaults involving members of the 
Armed Forces required to be submitted by March 1, 2013, 
under section 1631 of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011. 
SEC. 575. INCLUSION OF SEXUAL HARASSMENT INCIDENTS 
IN ANNUAL DEPARTMENT OF DEFENSE RE-
PORTS ON SEXUAL ASSAULTS. 
Effective with the report required to be submitted by 
March 1, 2013, under section 1631 of the Ike Skelton Na-
tional Defense Authorization Act for Fiscal Year 2011 
(Public Law 111–383; 124 Stat. 4433; 10 U.S.C. 1561 
note), the Secretary of each military department shall in-
clude in each annual report required by that section infor-
mation on sexual harassment involving members of the 
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Armed Forces under the jurisdiction of that Secretary 
during the preceding year. For purposes of complying with 
this section, the Secretary of the military department con-
cerned shall apply subsection (b) of such section 1631 by 
substituting the term ‘‘sexual harassment’’ for ‘‘sexual as-
sault’’ each place it appears in paragraphs (1) through 
(4) of such subsection. 
SEC. 576. CONTINUED SUBMISSION OF PROGRESS REPORTS 
REGARDING CERTAIN INCIDENT INFORMA-
TION MANAGEMENT TOOLS. 
(a) REPORTS REQUIRED.—Not later than August 28, 
2012, and every six months thereafter until the date deter-
mined under subsection (b), the Secretary of Defense shall 
submit to the Committees on Armed Services of the Sen-
ate and the House of Representatives a report describing 
the progress made during the previous six months to en-
sure that both of the following are fully functional and 
operational: 
(1) The Defense Incident-Based Reporting Sys-
tem. 
(2) The Defense Sexual Assault Incident Data-
base. 
(b) DURATION OF REPORTING REQUIREMENT.—The 
reporting requirement imposed by subsection (a) shall con-
tinue until the date on which the Secretary of Defense 
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certifies, in a report submitted under such subsection, 
that— 
(1) the Defense Incident-Based Reporting Sys-
tem and the Defense Sexual Assault Incident Data-
base are fully functional and operational throughout 
the Department of Defense; and 
(2) each of the military departments is using 
the Defense Incident-Based Reporting System or 
providing data for inclusion in the Defense Sexual 
Assault Incident Database. 
(c) REPEAL OF SUPERSEDED REPORTING REQUIRE-
MENT.—Section 598 of the National Defense Authoriza-
tion Act for Fiscal Year 2010 (Public Law 111–84; 123 
Stat. 2345; 10 U.S.C. 113 note) is repealed. 
SEC. 577. BRIEFINGS ON DEPARTMENT OF DEFENSE AC-
TIONS REGARDING SEXUAL ASSAULT PRE-
VENTION AND RESPONSE IN THE ARMED 
FORCES. 
Not later than October 31, 2012, and April 30, 2013, 
the Secretary of Defense (or the designee of the Secretary 
of Defense) shall provide to the Committees on Armed 
Services of the Senate and House of Representatives a 
briefing that outlines efforts by the Department of De-
fense to implement— 
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(1) subtitle H of title V of the National Defense 
Authorization Act for Fiscal Year 2012 (Public Law 
112–81; 125 Stat. 1430) and the amendments made 
by that subtitle; 
(2) the additional initiatives announced by the 
Secretary of Defense on April 17, 2012, to address 
sexual assault involving members of the Armed 
Forces; and 
(3) any other initiatives, policies, or programs 
being undertaken by the Secretary of Defense and 
the Secretaries of the military departments to ad-
dress sexual assault involving members of the Armed 
Forces. 
SEC. 578. ARMED FORCES WORKPLACE AND GENDER RELA-
TIONS SURVEYS. 
(a) ADDITIONAL
CONTENT
OF
SURVEYS.—Sub-
section (c) of section 481 of title 10, United States Code, 
is amended— 
(1) by striking ‘‘harassment and discrimina-
tion’’ and inserting ‘‘harassment, assault, and dis-
crimination’’; 
(2) by redesignating paragraphs (2) and (3) as 
paragraphs (3) and (4); respectively; 
(3) by inserting after paragraph (1) the fol-
lowing new paragraph (2): 
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‘‘(2) The specific types of assault that have oc-
curred, and the number of times each respondent 
has been assaulted during the preceding year.’’; 
(4) in paragraph (4), as so redesignated, by 
striking ‘‘discrimination’’ and inserting ‘‘discrimina-
tion, harassment, and assault’’; and 
(5) by adding at the end the following new 
paragraph 
‘‘(5) Any other issues relating to discrimination, 
harassment, or assault as the Secretary of Defense 
considers appropriate.’’. 
(b) TIME FOR CONDUCTING OF SURVEYS.—Such sec-
tion is further amended— 
(1) in subsection (a)(1), by striking ‘‘four quad-
rennial surveys (each in a separate year)’’ and in-
serting ‘‘four surveys’’; and 
(2) by striking subsection (d) and inserting the 
following new subsection: 
‘‘(d) WHEN SURVEYS REQUIRED.—(1) One of the 
two Armed Forces Workplace and Gender Relations Sur-
veys shall be conducted in 2014 and then every second 
year thereafter and the other Armed Forces Workplace 
and Gender Relations Survey shall be conducted in 2015 
and then every second year thereafter, so that one of the 
two surveys is being conducted each year. 
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‘‘(2) The two Armed Forces Workplace and Equal 
Opportunity Surveys shall be conducted at least once every 
four years. The two surveys may not be conducted in the 
same year.’’. 
SEC. 579. REQUIREMENT FOR COMMANDERS TO CONDUCT 
ANNUAL ORGANIZATIONAL CLIMATE ASSESS-
MENTS. 
(a) REQUIREMENT.—The Secretary of Defense shall 
require the commander of each covered unit to conduct 
an organizational climate assessment within 120 days 
after the commander assumes command and annually 
thereafter. 
(b) DEFINITIONS.—In this section: 
(1) COVERED UNIT.—The term ‘‘covered unit’’ 
means any organizational element of the Armed 
Forces (other than the Coast Guard) with more than 
50 members assigned, including any such element of 
a reserve component. 
(2) ORGANIZATIONAL CLIMATE ASSESSMENT.— 
The term ‘‘organizational climate assessment’’ 
means an assessment intended to obtain information 
about the positive and negative factors that may 
have an impact on unit effectiveness and readiness 
by measuring matters relating to human relations 
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climate such as prevention and response to sexual 
assault and equal opportunity. 
SEC. 580. ADDITIONAL REQUIREMENTS FOR ORGANIZA-
TIONAL CLIMATE ASSESSMENTS. 
(a) ELEMENTS
OF ASSESSMENTS.—An organiza-
tional climate assessment shall include avenues for mem-
bers of the Armed Forces to express their views on how 
their leaders, including commanders, are responding to al-
legations of sexual assault and complaints of sexual har-
assment. The Secretary of Defense shall require the Office 
of Diversity Management and Equal Opportunity and the 
Sexual Assault Prevention and Response Office to ensure 
equal opportunity advisors and officers of the Sexual As-
sault Prevention and Response Office are available to con-
duct these assessments. 
(b) ENSURING COMPLIANCE.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall direct the Secretaries of the military depart-
ments to verify and track the compliance of com-
manding officers in conducting organizational cli-
mate assessments. 
(2) IMPLEMENTATION.—No later than 90 days 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the Committees on 
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Armed Services of the Senate and House of Rep-
resentatives a report containing— 
(A) a description of the progress of the de-
velopment of the system that will verify and 
track the compliance of commanding officers in 
conducting organizational climate assessments; 
and 
(B) an estimate of when the system will be 
completed and implemented. 
(c) CONSULTATION.—In developing the sexual har-
assment and sexual assault portion of an organizational 
climate assessment, the Secretary of Defense shall consult 
with representatives of the following: 
(1) The Sexual Assault Prevention and Re-
sponse Office. 
(2) The Office of Diversity Management. 
(3) Appropriate non-Governmental organiza-
tions that have expertise in areas related to sexual 
harassment and sexual assault in the Armed Forces. 
(d) RELATION
TO OTHER REPORTING REQUIRE-
MENTS.—The reporting requirements of this section are 
in addition to, and an expansion of, the Armed Forces 
Workplace and Gender Relations Surveys required by sec-
tion 481 of title 10, United States Code. 
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SEC. 581. REVIEW OF UNRESTRICTED REPORTS OF SEXUAL 
ASSAULT AND SUBSEQUENT SEPARATION OF 
MEMBERS MAKING SUCH REPORTS. 
(a) REVIEW REQUIRED.—The Secretary of Defense 
shall conduct a review of all unrestricted reports of sexual 
assault made by members of the Armed Forces since Octo-
ber 1, 2000, to determine the number of members who 
were subsequently separated from the Armed Forces and 
the circumstances of and grounds for such separation. 
(b) ELEMENTS OF REVIEW.—The review shall deter-
mine at a minimum the following: 
(1) For each member who made an unrestricted 
report of sexual assault and was subsequently sepa-
rated, the reason provided for the separation and 
whether the member requested an appeal. 
(2) For each member separated on the grounds 
of having a personality disorder, whether the separa-
tion was carried out in compliance with Department 
of Defense Instruction 1332.14. 
(3) For each member who requested an appeal, 
the basis and results of the appeal. 
(c) SUBMISSION OF RESULTS.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the Committees on 
Armed Services of the Senate and House of Representa-
tives a report containing the results of the review. 
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SEC. 582. LIMITATION ON RELEASE FROM ACTIVE DUTY OR 
RECALL TO ACTIVE DUTY OF RESERVE COM-
PONENT MEMBERS WHO ARE VICTIMS OF 
SEXUAL ASSAULT WHILE ON ACTIVE DUTY. 
(a) IN GENERAL.—Chapter 1209 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 12323. Active duty for response to sexual assault 
‘‘(a) CONTINUATION ON ACTIVE DUTY.—In the case 
of a member of a reserve component who is the alleged 
victim of sexual assault committed while on active duty 
and who is expected to be released from active duty before 
the determination of whether the member was assaulted 
while in the line of duty, the Secretary concerned may, 
upon the request of the member, order the member to be 
retained on active duty until the line of duty determina-
tion, but not to exceed 180 days beyond the original expi-
ration of active duty date. A member eligible for continu-
ation on active duty under this subsection shall be in-
formed as soon as practicable after the alleged assault of 
the option to request continuation on active duty under 
this subsection. 
‘‘(b) RETURN TO ACTIVE DUTY.—In the case of a 
member of a reserve component not on active duty who 
is the alleged victim of a sexual assault that occurred while 
the member was on active duty and when the determina-
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tion whether the member was in the line of duty is not 
completed, the Secretary concerned may, upon the request 
of the member, order the member to active duty for such 
time as necessary to complete the line of duty determina-
tion, but not to exceed 180 days. 
‘‘(c) REGULATIONS.—The Secretaries of the military 
departments shall prescribe regulations to carry out this 
section, subject to guidelines prescribed by the Secretary 
of Defense. The guidelines of the Secretary of Defense 
shall provide that— 
‘‘(1) a request submitted by a member de-
scribed in subsection (a) or (b) to continue on active 
duty, or to be ordered to active duty, respectively, 
must be decided within 30 days from the date of the 
request; and 
‘‘(2) if the request is denied, the member may 
appeal to the first general officer or flag officer in 
the chain of command of the member, and in the 
case of such an appeal a decision on the appeal must 
be made within 15 days from the date of the ap-
peal.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended adding at 
the end the following new item: 
‘‘12323. Active duty for response to sexual assault.’’. 
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SEC. 583. INCLUSION OF INFORMATION ON SUBSTAN-
TIATED REPORTS OF SEXUAL HARASSMENT 
IN MEMBER’S OFFICIAL SERVICE RECORD. 
(a) INCLUSION.—If a complaint of sexual harassment 
is made against a member of the Army, Navy, Air Force, 
or Marine Corps and the complaint is substantiated, a no-
tation to that effect shall be placed in the service record 
of the member, regardless of the member’s rank, for the 
purpose of— 
(1) reducing the likelihood that a member who 
has committed sexual harassment can commit the 
same offense multiple times without suffering the 
appropriate consequences; and 
(2) alerting commanders of the background of 
the members of their command, so the commanders 
have better awareness of its members, especially as 
members are transferred. 
(b) DEFINITION OF SUBSTANTIATED.—For purposes 
of implementing this section, the Secretary of Defense 
shall use the definition of substantiated developed for the 
annual report on sexual assaults involving members of the 
Armed Forces prepared under section 1631 of the Ike 
Skelton National Defense Authorization Act for Fiscal 
Year 2011 (Public Law 111–383; 124 Stat. 4433; 10 
U.S.C. 1561 note). 
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SEC. 584. SENSE OF CONGRESS ON MILITARY SEXUAL 
TRAUMA. 
(a) FINDINGS.—Congress finds the following: 
(1) The Department of Defense conducted a 
survey of members of the Armed Forces serving on 
active duty that revealed that only 13.5 percent of 
such members reported incidents of sexual assault, 
which means that more than 19,000 incidents of 
sexual assault of members of the Armed Forces ac-
tually occurred in 2010 alone. 
(2) Despite attempts, the Department of De-
fense has failed to address the chronic under report-
ing of incidents of sexual assault and harassment, as 
by the Department’s own estimates, 86 percent of 
sexual assaults went unreported in 2010. 
(3) Sexual assault in the military is an ongoing 
problem leading many victims to seek help after sep-
aration from the Armed Forces from the Depart-
ment of Veterans Affairs. 
(4) About 1 in 5 women and 1 in 100 men seen 
in Veterans Health Administration respond ‘‘Yes’’ 
when screened for military sexual trauma. 
(5) Among users of healthcare provided by the 
Department of Veterans Affairs, medical record data 
indicates that diagnoses of post-traumatic stress dis-
order and other anxiety disorders, depression and 
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other mood disorders, and substance use disorders 
are most frequently associated with military sexual 
trauma. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the Secretary of Veterans Affairs should ex-
pand efforts to raise awareness about military sexual 
trauma and the treatment and services that the De-
partment provides to victims; and 
(2) in light of the fact that the available data 
shows an overwhelming number of military sexual 
trauma claims go unreported within the Department 
of Defense, making it very difficult for veterans to 
show proof of the assault when filing claims with the 
Department of Veterans Affairs for post-traumatic 
stress disorder and other mental health conditions 
caused by military sexual trauma, the Secretary of 
Veterans Affairs should review the disability process 
to ensure that victims of military sexual trauma who 
file claims for service connection do not face unnec-
essary or overly burdensome requirements in order 
to claim disability benefits with the Department. 
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SEC. 585. CORRECTION OF MILITARY RECORDS OF MEM-
BERS OF THE ARMED FORCES WHO EXPERI-
ENCE RETALIATORY PERSONNEL ACTIONS 
FOR MAKING A REPORT OF SEXUAL ASSAULT 
OR SEXUAL HARASSMENT. 
The Secretary of Defense shall conduct a general 
education campaign to notify members of the Armed 
Forces regarding the authorities available under chapter 
79 of title 10, United States Code, for the correction of 
military records when a member experiences any retalia-
tory personnel action for making a report of sexual assault 
or sexual harassment. 
SEC. 586. DEPARTMENT OF DEFENSE SEXUAL ASSAULT 
AND HARASSMENT OVERSIGHT AND ADVI-
SORY COUNCIL. 
(a) IN GENERAL.—Chapter 7 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 188. Sexual Assault and Harassment Oversight and 
Advisory Council 
‘‘(a) ESTABLISHMENT.—There is a Sexual Assault 
and Harassment Oversight and Advisory Council (in this 
section referred to as the ‘Council’). 
‘‘(b) MEMBERSHIP.—(1) The Council shall be com-
prised of individuals appointed by the Secretary of De-
fense who are experts and professionals in the fields of 
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sexual assault and harassment, judicial proceedings involv-
ing sexual assault or harassment, or treatment for sexual 
assault or harassment. At a minimum, the Council shall 
include as members the following: 
‘‘(A) The Director of the Sexual Assault Pre-
vention and Response Office of the Department of 
Defense. 
‘‘(B) The Judge Advocates General of the 
Army, Navy, and Air Force. 
‘‘(C) A judge advocate from the Army, Navy, 
Air Force, and Marine Corps with experience in 
prosecuting sexual assault cases. 
‘‘(D) A Department of Justice representative 
with experience in prosecuting sexual assault cases. 
‘‘(E) An individual who has extensive experi-
ence in providing assistance to sexual assault vic-
tims. 
‘‘(F) An individual who has expertise the civil-
ian judicial system with respect to sexual assault. 
‘‘(2) Subject to paragraph (3), members shall be ap-
pointed for a term of two years. A member may serve after 
the end of the member’s term until the member’s suc-
cessor takes office. 
‘‘(3) If a vacancy occurs in the Council, the vacancy 
shall be filled in the same manner as the original appoint-
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ment. A member of the Council appointed to fill a vacancy 
occurring before the end of the term for which the mem-
ber’s predecessor was appointed shall only serve until the 
end of such term. 
‘‘(c) CHAIRMAN; MEETINGS.—(1) The Council shall 
elect a chair from among its members. 
‘‘(2) The Council shall meet not less often than once 
every year. 
‘‘(3) If a member of the Board fails to attend two 
successive Board meetings, except in a case in which an 
absence is approved in advance, for good cause, by the 
Board chairman, such failure shall be grounds for termi-
nation from membership on the Board. A person des-
ignated for membership on the Board shall be provided 
notice of the provisions of this paragraph at the time of 
such designation. 
‘‘(d) ADMINISTRATIVE PROVISIONS.—(1) Each mem-
ber of the Council who is not an officer or employee of 
the Federal Government shall be compensated at a rate 
equal to the daily equivalent of the annual rate of basic 
pay prescribed for Executive Schedule Level IV under sec-
tion 5315 of title 5, for each day (including travel time) 
during which such member is engaged in the performance 
of the duties of the Council. Members of the Council who 
are officers or employees of the United States shall serve 
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without compensation in addition to that received for their 
services as officers or employees of the United States. 
‘‘(2) The members of the Council shall be allowed 
travel expenses, including per diem in lieu of subsistence, 
at rates authorized for employees of agencies under sub-
chapter I of chapter 57 of title 5, while away from their 
homes or regular places of business in the performance 
of services for the Council. 
‘‘(e) RESPONSIBILITIES.—The Council shall be re-
sponsible for providing oversight and advice to the Sec-
retary of Defense and the Secretaries of the military de-
partments on the activities and implementation of policies 
and programs developed by the Sexual Assault Prevention 
and Response Office, including any modifications to the 
Uniform Code of Military Justice, in response to sexual 
assault and harassment. 
‘‘(f) ANNUAL REPORT.—Not later than March 31 of 
each year, the Council shall submit to the Secretary of 
Defense and the congressional defense committees a re-
port that describes the activities of the Council during the 
preceding year and contains such recommendations as the 
Council considers appropriate to improve sexual assault 
prevention and treatment programs and policies of the De-
partment of Defense.’’. 
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(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘188. Sexual Assault and Harassment Oversight and Advisory Council.’’. 
Subtitle I—Other Matters 
SEC. 590. INCLUSION OF FREELY ASSOCIATED STATES 
WITHIN SCOPE OF JUNIOR RESERVE OFFI-
CERS’ TRAINING CORPS PROGRAM. 
Section 2031(a) of title 10, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(3) If a secondary educational institution in the 
Federated States of Micronesia, the Republic of the Mar-
shall Islands, or the Republic of Palau otherwise meets 
the conditions imposed by subsection (b) on the establish-
ment and maintenance of units of the Junior Reserve Offi-
cers’ Training Corps, the Secretary of a military depart-
ment may establish and maintain a unit of the Junior Re-
serve Officers’ Training Corps at the secondary edu-
cational institution even though the secondary educational 
institution is not a United States secondary educational 
institution.’’. 
SEC. 591. PRESERVATION OF EDITORIAL INDEPENDENCE 
OF STARS AND STRIPES. 
To preserve the actual and perceived editorial and 
management independence of the Stars and Stripes news-
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paper, the Secretary of Defense shall extend the lease for 
the commercial office space in the District of Columbia 
currently occupied by the editorial and management oper-
ations of the Stars and Stripes newspaper until such time 
as the Secretary provides space and information tech-
nology and other support for such operations in a Govern-
ment-owned facility in the National Capital Region geo-
graphically remote from facilities of the Defense Media 
Activity at Fort Meade, Maryland. 
SEC. 592. SENSE OF CONGRESS REGARDING DESIGNATION 
OF BUGLE CALL COMMONLY KNOWN AS 
‘‘TAPS’’ 
AS 
NATIONAL 
SONG 
OF 
REMEM-
BRANCE. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The bugle call commonly known as ‘‘Taps’’ 
is known throughout the United States. 
(2) In July 1862, following the Seven Days 
Battles, Union General Daniel Butterfield and bu-
gler Oliver Willcox Norton created ‘‘Taps’’ at Berk-
ley Plantation, Virginia, as a way to signal the end 
of daily military activities. 
(3) ‘‘Taps’’ is now established by the uniformed 
services as the last call of the day and is sounded 
at the completion of a military funeral. 
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(4) ‘‘Taps’’ has become the signature, solemn 
musical farewell for members of the uniformed serv-
ices and veterans who have faithfully served the 
United States during times of war and peace. 
(5) Over its 150 years of use, ‘‘Taps’’ has been 
woven into the historical fabric of the United States. 
(6) When sounded, ‘‘Taps’’ summons emotions 
of loss, pride, honor, and respect and encourages 
Americans to remember patriots who served the 
United States with honor and valor. 
(7) The 150th anniversary of the writing of 
‘‘Taps’’ will be observed with events culminating in 
June 2012 with a rededication of the Taps Monu-
ment at Berkley Plantation, Virginia. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the bugle call commonly known as ‘‘Taps’’ 
should be designated as the National Song of Remem-
brance. 
SEC. 593. RECOMMENDED CONDUCT DURING SOUNDING OF 
BUGLE CALL COMMONLY KNOWN AS ‘‘TAPS’’. 
(a) CONDUCT DURING SOUNDING
OF ‘‘TAPS’’.— 
Chapter 3 of title 36, United States Code, is amended by 
adding at the end the following new section: 
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‘‘§ 306. Conduct during sounding of ‘Taps’ 
‘‘(a) DEFINITION.—In this section, the term ‘Taps’ 
refers to the bugle call consisting of 24 notes normally 
sounded on a bugle or trumpet without accompaniment 
or embellishment as the last call of the day on a military 
base, at the completion of a military funeral, or on other 
occasions as the solemn musical farewell to members of 
the uniform services and veterans. 
‘‘(b) CONDUCT DURING SOUNDING.— 
‘‘(1) IN GENERAL.—During a performance of 
Taps— 
‘‘(A) all present, except persons in uni-
form, should stand at attention with the right 
hand over the heart; 
‘‘(B) men not in uniform should remove 
their headdress with their right hand and hold 
the headdress at the left shoulder, the hand 
being over the heart; and 
‘‘(C) persons in uniform should stand at 
attention and give the military salute at the 
first note of Taps and maintain that position 
until the last note. 
‘‘(2) EXCEPTION.—Paragraph (1) shall not 
apply when Taps is sounded as the final bugle call 
of the day at a military base. 
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‘‘(c) DEFINITION OF MILITARY BASE.—In this sec-
tion, the term ‘military base’ means a base, camp, post, 
station, yard, center, homeport facility for any ship, or 
other activity under the jurisdiction of the Department of 
Defense, including any leased facility, which is located 
within any of the several States, the District of Columbia, 
the Commonwealth of Puerto Rico, American Samoa, the 
Virgin Islands, the Commonwealth of the Northern Mar-
iana Islands, or Guam.’’. 
(b) CONFORMING AND CLERICAL AMENDMENTS.— 
(1) CHAPTER HEADING.—The heading of chap-
ter 3 of title 36, United States Code, is amended to 
read as follows: 
‘‘CHAPTER 3—NATIONAL ANTHEM, MOTTO, 
AND OTHER NATIONAL DESIGNATIONS’’. 
(2) TABLE OF CHAPTERS.—The item relating 
to chapter 3 in the table of chapters for such title 
is amended to read as follows: 
‘‘3. National Anthem, Motto, and Other National Designations .............
301’’. 
(3) TABLE OF SECTIONS.—The table of sections 
at the beginning of such chapter is amended by add-
ing at the end the following new item: 
‘‘306. Conduct during sounding of ‘Taps’.’’. 
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SEC. 594. INSPECTION OF MILITARY CEMETERIES UNDER 
THE JURISDICTION OF DEPARTMENT OF DE-
FENSE. 
(a) DOD INSPECTOR GENERAL INSPECTION OF AR-
LINGTON NATIONAL CEMETERY
AND UNITED STATES 
SOLDIERS’ AND
AIRMEN’S
HOME
NATIONAL
CEME-
TERY.—Section 1(d) of Public Law 111–339; 124 Stat. 
3592) is amended— 
(1) in paragraph (1), by striking ‘‘The Sec-
retary’’ in the first sentence and inserting ‘‘Subject 
to paragraph (2), the Secretary’’; and 
(2) in paragraph (2), by adding at the end the 
following new sentence: ‘‘However, in the case of the 
report required to be submitted during 2013, the as-
sessment described in paragraph (1) shall be con-
ducted, and the report shall be prepared and sub-
mitted, by the Inspector General of the Department 
of Defense instead of the Secretary of the Army.’’. 
(b) TIME FOR SUBMISSION OF REPORT AND PLAN 
OF ACTION REGARDING INSPECTION OF CEMETERIES AT 
MILITARY INSTALLATIONS.—Section 592(d)(2) of the Na-
tional Defense Authorization Act for Fiscal Year 2012 
(Public Law 112–81; 125 Stat. 1443) is amended— 
(1) by striking ‘‘December 31, 2012’’ and in-
serting ‘‘June 29, 2013’’; and 
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(2) by striking ‘‘April 1, 2013’’ and inserting 
‘‘October 1, 2013’’. 
SEC. 595. PILOT PROGRAM TO PROVIDE TRANSITIONAL AS-
SISTANCE TO MEMBERS OF THE ARMED 
FORCES WITH A FOCUS ON SCIENCE, TECH-
NOLOGY, ENGINEERING, AND MATHEMATICS. 
(a) PROGRAM AUTHORITY.—The Secretary of De-
fense may conduct one or more pilot programs to provide 
transitional assistance for members of the Armed Forces 
leaving active duty that focuses on assisting the members 
to transition into the fields of science, technology, engi-
neering, and mathematics to address the shortage of ex-
pertise within the Department of Defense in those fields. 
(b) COOPERATION WITH EDUCATIONAL INSTITU-
TIONS.—The Secretary of Defense may enter into an 
agreement with an institution of higher education to pro-
vide for the management and execution of a pilot program 
under this section. The institution of higher education 
must agree to allow the translation of military experience 
and training into course credit and provide for the transfer 
of previously received credit through local community col-
leges and other accredited institutions of higher education. 
(c) DURATION.—Any pilot program established under 
the authority of this section may not operate for more 
than three academic years. 
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(d) REPORTING REQUIREMENT.—At the conclusion 
of a pilot program under this section, the Secretary of De-
fense shall submit to the congressional defense committee 
a report on the results of the pilot program, including the 
cost incurred to conduct the program, the number of par-
ticipants of the program, and the outcomes for the partici-
pants of the program. 
SEC. 596. SENSE OF CONGRESS REGARDING THE RECOV-
ERY OF THE REMAINS OF CERTAIN MEMBERS 
OF THE ARMED FORCES KILLED IN THUR-
STON ISLAND, ANTARCTICA. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) Commencing August 26, 1946, though late 
February 1947 the United States Navy Antarctic 
Developments Program Task Force 68, codenamed 
‘‘Operation Highjump’’ initiated and undertook the 
largest ever-to-this-date exploration of the Antarctic 
continent. 
(2) The primary mission of the Task Force 68 
organized by Rear Admiral Richard E. Byrd Jr. 
USN, (Ret) and led by Rear Admiral Richard H. 
Cruzen, USN, was to do the following: 
(A) Establish the Antarctic research base 
Little America IV. 
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(B) In the defense of the United States of 
America from possible hostile aggression from 
abroad - to train personnel test equipment, de-
velop techniques for establishing, maintaining 
and utilizing air bases on ice, with applicability 
comparable to interior Greenland, where condi-
tions are similar to those of the Antarctic. 
(C) Map and photograph a full two-thirds 
of the Antarctic Continent during the classified, 
hazardous duty/volunteer-only operation involv-
ing 4700 sailors, 23 aircraft and 13 ships in-
cluding the first submarine the U.S.S. Sennet, 
and the aircraft carrier the U.S.S. Philippine 
Sea, brought to the edge of the ice pack to 
launch (6) Navy ski-equipped, rocket-assisted 
R4Ds. 
(D) Consolidate and extend United States 
sovereignty over the largest practicable area of 
the Antarctic continent. 
(E) Determine the feasibility of estab-
lishing, maintaining and utilizing bases in the 
Antarctic and investigating possible base sites. 
(3) While on a hazardous duty/all volunteer 
mission vital to the interests of National Security 
and while over the eastern Antarctica coastline 
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known as the Phantom Coast, the PBM–5 Martin 
Mariner ‘‘Flying Boat’’ ‘‘George 1’’ entered a 
whiteout over Thurston Island. As the pilot at-
tempted to climb, the aircraft grazed the glacier’s 
ridgeline and exploded within 5 seconds instantly 
killing Ensign Maxwell Lopez, Navigator and Wen-
dell ‘‘Bud’’ Hendersin, Aviation Machinists Mate 1st 
Class while Frederick Williams, Aviation Radioman 
1st Class died several hours later. Six other crewmen 
survived including the Captain of the ‘‘George 1’s’’ 
seaplane tender U.S.S. Pine Island. 
(4) The bodies of the dead were protected from 
the desecration of Antarctic scavenging birds 
(Skuas) by the surviving crew wrapping the bodies 
and temporarily burying the men under the star-
board wing engine nacelle. 
(5) Rescue requirements of the ‘‘George-1’’ sur-
vivors forced the abandonment of their crewmates’ 
bodies. 
(6) Conditions prior to the departure of Task 
Force 68 precluded a return to the area to the re-
cover the bodies. 
(7) For nearly 60 years Navy promised the 
families that they would recover the men: ‘‘If the 
safety, logistical, and operational prerequisites allow 
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a mission in the future, every effort will be made to 
bring our sailors home.’’. 
(8) The Joint POW/MIA Accounting Command 
twice offered to recover the bodies of this crew for 
Navy. 
(9) A 2004 NASA ground penetrating radar 
overflight commissioned by Navy relocated the crash 
site three miles from its crash position. 
(10) The Joint POW/MIA Accounting Com-
mand offered to underwrite the cost of an aerial 
ground penetrating radar (GPR) survey of the crash 
site area by NASA. 
(11) The Joint POW/MIA Accounting Com-
mand studied the recovery with the recognized recov-
ery authorities and national scientists and deter-
mined that the recovery is only ‘‘medium risk’’. 
(12) National Science Foundation and sci-
entists from the University of Texas, Austin, regu-
larly visit the island. 
(13) The crash site is classified as a ‘‘perishable 
site’’, meaning a glacier that will calve into the 
Bellingshausen Sea. 
(14) The National Science Foundation main-
tains a presence in area - of the Pine Island Glacier. 
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(15) The National Science Foundation Director 
of Polar Operations will assist and provide assets for 
the recovery upon the request of Congress. 
(16) The United States Coast Guard is pres-
ently pursuing the recovery of 3 WWII air crewmen 
from similar circumstances in Greenland. 
(17) On Memorial Day, May 25, 2009, Presi-
dent Barack Obama declared: ‘‘* * * the support of 
our veterans is a sacred trust * * * we need to serve 
them as they have served us * * * that means bring-
ing home all our POWs and MIAs * * *’’. 
(18) The policies and laws of the United States 
of America require that our armed service personnel 
be repatriated. 
(19) The fullest possible accounting of United 
States fallen military personnel means repatriating 
living American POWs and MIAs, accounting for, 
identifying, and recovering the remains of military 
personnel who were killed in the line of duty, or pro-
viding convincing evidence as to why such a repatri-
ation, accounting, identification, or recovery is not 
possible. 
(20) It is the responsibility of the Federal Gov-
ernment to return to the United States for proper 
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burial and respect all members of the Armed Forces 
killed in the line of duty who lie in lost graves. 
(b) SENSE OF CONGRESS.—In light of the findings 
under subsection (a), Congress— 
(1) reaffirms its support for the recovery and 
return to the United States, the remains and bodies 
of all members of the Armed Forces killed in the 
line of duty, and for the efforts by the Joint POW- 
MIA Accounting Command to recover the remains of 
members of the Armed Forces from all wars, con-
flicts and missions; 
(2) recognizes the courage and sacrifice of all 
members of the Armed Forces who participated in 
Operation Highjump and all missions vital to the 
national security of the United States of America; 
(3) acknowledges the dedicated research and ef-
forts by the US Geological Survey, the National 
Science Foundation, the Joint POW/MIA Account-
ing Command, the Fallen American Veterans Foun-
dation and all persons and organizations to identify, 
locate, and advocate for, from their temporary Ant-
arctic grave, the recovery of the well-preserved fro-
zen bodies of Ensign Maxwell Lopez, Naval Aviator, 
Frederick Williams, Aviation Machinist’s Mate 1ST 
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(1) APPLICATIONS.—If an individual otherwise 
covered by subsection (a) is deceased, the application 
required by that subsection shall be made by the in-
dividual’s legal representative. 
(2) PAYMENT.—If an individual to whom pay-
ment would be made under subsection (a) is de-
ceased at time of payment, payment shall be made 
in the manner specified in section 1552(c)(2) of title 
10, United States Code. 
(c) PAYMENT
IN LIEU
OF ADMINISTRATIVE AB-
SENCE.—Payment under subsection (a) with respect to a 
day described in that subsection shall be in lieu of any 
entitlement of the individual concerned to a day of admin-
istrative absence for such day. 
(d) CONSTRUCTION.— 
(1) CONSTRUCTION
WITH
OTHER
PAY.—Any 
payment with respect to an individual under sub-
section (a) is in addition to any other pay provided 
by law. 
(2) CONSTRUCTION OF AUTHORITY.—It is the 
sense of Congress that— 
(A) the sole purpose of the authority in 
this section is to remedy administrative errors; 
and 
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(4) by adding at the end the following new 
paragraph: 
‘‘(4) The term ‘authorized Fisher House resi-
dents’ means the following: 
‘‘(A) With respect to a Fisher House de-
scribed in paragraph (1) that is located in prox-
imity to a health care facility of the Army, the 
Air Force, or the Navy, the following persons: 
‘‘(i) Patients of that health care facil-
ity. 
‘‘(ii) Members of the families of such 
patients. 
‘‘(iii) Other persons providing the 
equivalent of familial support for such pa-
tients. 
‘‘(B) With respect to the Fisher House de-
scribed in paragraph (2), the following persons: 
‘‘(i) The primary next of kin of a 
member of the armed forces who dies while 
located or serving overseas. 
‘‘(ii) Other family members of the de-
ceased member who are eligible for trans-
portation under section 411f(e) of title 37. 
‘‘(iii) An escort of a family member 
described in clause (i) or (ii).’’. 
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(2) The office of the Deputy Assistant Sec-
retary of Defense for Manufacturing and Industrial 
Base Policy has historically analyzed the United 
States defense industrial base from the point of view 
of prime contractors and original equipment manu-
facturers and has provided insufficient attention to 
producers of materials critical to national security, 
including raw materials producers. 
(3) Responsibility for the secure supply of ma-
terials critical to national security, which supports 
the defense industrial base, is decentralized through-
out the Department of Defense. 
(4) The office of the Deputy Assistant Sec-
retary of Defense for Manufacturing and Industrial 
Base Policy should expand its focus to consider both 
a top-down view of the supply chain, beginning with 
prime contractors, and a bottom-up view that begins 
with raw materials suppliers. 
(5) To enable this focus and support a more co-
herent, comprehensive strategy as it pertains to ma-
terials critical to national security, the office of the 
Deputy Assistant Secretary of Defense for Manufac-
turing and Industrial Base Policy should develop 
policy, conduct oversight, and monitor resource allo-
cation for agencies of the Department of Defense, 
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such title are amended by striking ‘‘Assistant 
Secretaries of the Navy’’ and inserting ‘‘Assist-
ant Secretaries of the Navy and Marine Corps’’. 
(ii) The heading of section 5016 of such 
title, and the item relating to such section in 
the table of sections at the beginning of chapter 
503 of such title, are each amended by insert-
ing ‘‘and Marine Corps’’ after ‘‘of the Navy’’, 
with the matter inserted in each case to be in 
the same typeface and typestyle as the matter 
amended. 
(c) OTHER PROVISIONS OF LAW AND OTHER REF-
ERENCES.— 
(1) TITLE 37, UNITED STATES CODE.—Title 37, 
United States Code, is amended by striking ‘‘De-
partment of the Navy’’ and ‘‘Secretary of the Navy’’ 
each place they appear and inserting ‘‘Department 
of the Navy and Marine Corps’’ and ‘‘Secretary of 
the Navy and Marine Corps’’, respectively. 
(2) OTHER
REFERENCES.—Any reference in 
any law other than in title 10 or title 37, United 
States Code, or in any regulation, document, record, 
or other paper of the United States, to the Depart-
ment of the Navy shall be considered to be a ref-
erence to the Department of the Navy and Marine 
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(11) TRITIUM RECYCLING FACILITIES.—Section 
4234 of the Atomic Energy Defense Act (50 U.S.C. 
2544), as amended by section 3131(i), is amended 
by striking ‘‘Secretary’’ and inserting ‘‘Adminis-
trator’’. 
(12) CERTAIN FISSILE MATERIALS PROGRAM.— 
Section 4305 of the Atomic Energy Defense Act (50 
U.S.C. 2565) is amended by striking ‘‘Secretary of 
Energy’’ and inserting ‘‘Administrator’’. 
(13) 
FISSILE
MATERIALS
MANAGEMENT 
PLAN.—Section 4403(a)(1) of the Atomic Energy 
Defense Act (50 U.S.C. 2583(a)(1)) is amended by 
striking ‘‘the Office of Defense Programs’’ and in-
serting ‘‘the Administration’’. 
(14) RESTRICTED DATA.—Section 4501(a) of 
the Atomic Energy Defense Act (50 U.S.C. 2651(a)) 
is amended by striking ‘‘The Secretary of Energy’’ 
and inserting ‘‘The Administrator’’. 
(15) BACKGROUND
INVESTIGATIONS.—Section 
4503 of the Atomic Energy Defense Act (50 U.S.C. 
2653), as amended by section 3131(l), is amended 
by striking ‘‘The Secretary of Energy’’ and inserting 
‘‘The Administrator’’. 
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the Department of Transportation for Maritime Adminis-
tration programs associated with maintaining national se-
curity aspects of the merchant marine, as follows: 
(1) For expenses necessary for operations of the 
United 
States 
Merchant 
Marine 
Academy, 
$77,253,000, of which— 
(A) $67,253,000 shall remain available 
until expended for Academy operations; and 
(B) $10,000,000 shall remain available 
until expended for capital asset management at 
the Academy. 
(2) For expenses necessary to support the State 
maritime academies, $16,045,000, of which— 
(A) $2,400,000 shall remain available until 
expended for student incentive payments; 
(B) $2,545,000 shall remain available until 
expended for direct payments to such acad-
emies; and 
(C) $11,100,000 shall remain available 
until expended for maintenance and repair of 
State maritime academy training vessels. 
(3) For expenses necessary to dispose of vessels 
in the National Defense Reserve Fleet, $12,717,000, 
to remain available until expended. 
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