129 
(2) ELEMENTS.—As part of the study required 
by this subsection, the entity conducting the study 
shall determine, for each year in which the temporary 
authority provided by subsection (a) is used— 
(A) how many members of the Army Na-
tional Guard and the Air National Guard were 
transferred to the active status list of the inactive 
National Guard; 
(B) how many of these vacancies were filled 
with personnel new to the Army National 
Guard; 
(C) the additional cost of filling these posi-
tions; and 
(D) the impact on drill and annual train-
ing participation rates. 
(3) ADDITIONAL CONSIDERATION.—The study re-
quired by this subsection also shall include an assess-
ment of the impact of the use of the temporary au-
thority provided by subsection (a) on medical readi-
ness category 3B personnel transferred to the active 
status inactive National Guard, including— 
(A) how long it took them to complete the 
Integrated Disability Evaluation System (IDES) 
process; and 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
130 
(B) how satisfied they were with their unit’s 
management and collaboration during the IDES 
process. 
(4) SUBMISSION OF RESULTS.—Not later than 
180 days after completion of the study required by 
this subsection, the Secretary of Defense shall submit 
to the Committees on Armed Services of the House of 
Representatives and the Senate a report containing 
the results of the study. 
(h) DURATION OF AUTHORITY.—The authority pro-
vided by subsection (a) for the maintenance of both an ac-
tive status list and inactive status list of members in the 
inactive National Guard exists only during the period be-
ginning on October 1, 2013, and ending on December 31, 
2018. 
SEC. 514. REVIEW OF REQUIREMENTS AND AUTHORIZA-
TIONS FOR RESERVE COMPONENT GENERAL 
AND FLAG OFFICERS IN AN ACTIVE STATUS. 
(a) REVIEW REQUIRED.—The Secretary of Defense 
shall conduct a review of the general officer and flag officer 
requirements for members of the reserve component in an 
active status. 
(b) PURPOSE OF REVIEW.—The purpose of the review 
is to ensure that the authorized strengths provided in sec-
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00130
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
131 
tion 12004 of title 10, United States Code, for reserve gen-
eral officers and reserve flag officers in an active status— 
(1) are based on an objective requirements proc-
ess and are sufficient for the effective management, 
leadership, and administration of the reserve compo-
nents; 
(2) provide a qualified, sufficient pool from 
which reserve component general and flag officers can 
continue to be assigned on active duty in joint duty 
and in-service military positions; 
(3) reflect a review of the appropriateness and 
number of exemptions provided by subsections (b), (c), 
and (d) of section 12004 of title 10, United States 
Code; 
(4) reflect the efficiencies that can be achieved 
through downgrading or elimination of reserve com-
ponent general or flag officer positions, including 
through the conversion of certain reserve component 
general or flag officer positions to senior civilian po-
sitions; and 
(5) are subjected to periodic review, control, and 
adjustment. 
(c) REPORT.—Not later than 18 months after the date 
of the enactment of this Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Senate 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00131
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
132 
and the House of Representatives a report containing the 
results of the review, including such recommendations for 
changes in law and policy related to authorized reserve gen-
eral and flag officers strengths as the Secretary considers 
to be appropriate. 
SEC. 515. FEASABILITY STUDY ON ESTABLISHING A UNIT OF 
THE NATIONAL GUARD IN AMERICAN SAMOA 
AND 
IN 
THE 
COMMONWEALTH 
OF 
THE 
NORTHERN MARIANA ISLANDS. 
(a) STUDY REQUIRED.—The Secretary of Defense shall 
conduct a study to determine the feasibility of estab-
lishing— 
(1) a unit of the National Guard in American 
Samoa; and 
(2) a unit of the National Guard in the Com-
monwealth of the Northern Mariana Islands. 
(b) FORCE STRUCTURE ELEMENTS OF STUDY.—In 
conducting the study required under subsection (a), the Sec-
retary of Defense shall consider the following: 
(1) The allocation of National Guard force struc-
ture and manpower to American Samoa and the 
Commonwealth of the Northern Mariana Islands in 
the event of the establishment of a unit of the Na-
tional Guard in American Samoa and in the Com-
monwealth of the Northern Mariana Islands, and the 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00132
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
133 
impact of this allocation on existing National Guard 
units in the 50 states, the Commonwealth of Puerto 
Rico, the Virgin Islands, Guam, and the District of 
Columbia. 
(2) The Federal funding that would be required 
to support pay, benefits, training operations, and 
missions of members of a unit of the National Guard 
in American Samoa and the Commonwealth of the 
Northern Mariana Islands, based on the allocation de-
rived from paragraph (1), and the equipment, includ-
ing maintenance, required to support such force struc-
ture. 
(3) The presence of existing infrastructure to 
support a unit of the National Guard in American 
Samoa and the Commonwealth of the Northern Mar-
iana Islands, and the requirement for additional in-
frastructure, including information technology infra-
structure, to support such force structure, based on the 
allocation derived from paragraph (1). 
(4) How a unit of the National Guard in Amer-
ican Samoa and the Commonwealth of the Northern 
Mariana Island would accommodate the National 
Guard Bureau’s ‘‘Essential Ten’’ homeland defense 
capabilities (i.e., aviation, engineering, civil support 
teams, security, medical, transportation, mainte-
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
134 
nance, logistics, joint force headquarters, and commu-
nications) and reflect regional needs. 
(5) The manpower cadre, both military per-
sonnel and full-time support, including National 
Guard technicians, required to establish, maintain, 
and sustain a unit of the National Guard in Amer-
ican Samoa and the Commonwealth of the Northern 
Mariana Islands, and the ability of American Samoa 
and of the Commonwealth of the Northern Mariana 
Islands to support demographically a unit of the Na-
tional Guard at each location. 
(6) The ability of a unit of the National Guard 
in American Samoa and the Commonwealth of the 
Northern Mariana Islands to maintain unit readiness 
and the logistical challenges associated with transpor-
tation, communications, supply/resupply, and train-
ing operations and missions. 
(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 the results of the study con-
ducted under subsection (a). The report shall also include 
the following: 
(1) A determination of whether the executive 
branch of American Samoa and of the Commonwealth 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00134
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
135 
of the Northern Mariana Islands has enacted and im-
plemented statutory authorization for an organized 
militia as a prerequisite for establishing a unit of the 
National Guard, and a description of any other steps 
that such executive branches must take to request and 
carry out the establishment of a National Guard unit. 
(2) A list of any amendments to titles 10, 32, 
and 37, United States Code, that would have to be en-
acted by Congress to provide for the establishment of 
a unit of the National Guard in American Samoa 
and in the Commonwealth of the Northern Mariana 
Islands. 
(3) A description of any required Department of 
Defense actions to establish a unit of the National 
Guard in American Samoa and in the Common-
wealth of the Northern Mariana Islands. 
(4) A suggested timeline for completion of the 
steps and actions described in the preceding para-
graphs. 
Subtitle C—General Service 
Authorities 
SEC. 521. REVIEW OF INTEGRATED DISABILITY EVALUA-
TION SYSTEM. 
(a) REVIEW.—The Secretary of Defense shall conduct 
a review of— 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00135
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
136 
(1) the backlog of pending cases in the Integrated 
Disability Evaluation System with respect to mem-
bers of the reserve components of the Armed Forces for 
the purpose of addressing the matters specified in 
paragraph (1) of subsection (b); and 
(2) the improvements to the Integrated Dis-
ability Evaluation System specified in paragraph (2) 
of such subsection. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall submit to 
the Committees on Armed Services of the House of Rep-
resentatives and the Senate a report on the review under 
subsection (a). Such report shall include the following: 
(1) With respect to the reserve components of the 
Armed Forces— 
(A) the number of pending cases that exist 
as of the date of the report, listed by military de-
partment, component, and, with respect to the 
National Guard, State; 
(B) as of the date of the report, the average 
time it takes to process a case in the Integrated 
Disability Evaluation System; 
(C) a description of the steps the Secretary 
will take to resolve the backlog of cases in the In-
tegrated Disability Evaluation System; and 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00136
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
137 
(D) the date by which the Secretary plans 
to resolve such backlog for each military depart-
ment. 
(2) With respect to the regular components and 
reserve components of the Armed Forces— 
(A) a description of the progress being made 
to transition the Integrated Disability Evalua-
tion System to an integrated and readily acces-
sible electronic format that a member of the 
Armed Forces may access and see the status of 
the member during each phase of the system; 
(B) an estimate of the cost to complete the 
transition to an integrated and readily accessible 
electronic format; and 
(C) an assessment of the feasibility of im-
proving in-transit visibility of pending cases, in-
cluding by establishing a method of tracking a 
pending case when a military treatment facility 
is assigned a packet and pending case for action 
regarding a member. 
(c) PENDING CASE DEFINED.—In this section, the 
term ‘‘pending case’’ means a case involving a member of 
the Armed Forces who, as of the date of the review under 
subsection (a), is within the Integrated Disability Evalua-
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00137
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
138 
tion System and has been referred to a medical evaluation 
board. 
SEC. 522. COMPLIANCE REQUIREMENTS FOR ORGANIZA-
TIONAL CLIMATE ASSESSMENTS. 
(a) VERIFICATION AND TRACKING REQUIREMENTS.— 
The Secretary of Defense shall direct the Secretaries of the 
military departments to verify and track the compliance 
of commanding officers in conducting organizational cli-
mate assessments required as part of the comprehensive pol-
icy for the Department of Defense sexual assault prevention 
and response program pursuant to section 572(a)(3) of the 
National Defense Authorization Act for Fiscal Year 2013 
(Public Law 112–239; 126 Stat. 1753). 
(b) IMPLEMENTATION.—No later than 90 days after 
the date of the enactment of this Act, the Secretary of De-
fense shall submit to the Committees on Armed Services of 
the Senate and House of Representatives a report con-
taining— 
(1) a description of the progress of the develop-
ment of the system that will verify and track the com-
pliance of commanding officers in conducting organi-
zational climate assessments; and 
(2) an estimate of when the system will be com-
pleted and implemented. 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00138
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
139 
SEC. 523. COMMAND RESPONSIBILITY AND ACCOUNT-
ABILITY FOR REMAINS OF MEMBERS OF THE 
ARMY, NAVY, AIR FORCE, AND MARINE CORPS 
WHO DIE OUTSIDE THE UNITED STATES. 
Not later than 60 days after the date of the enactment 
of this Act, the Secretary of Defense shall take such steps 
as may be necessary to ensure that there is continuous, des-
ignated military command responsibility and account-
ability for the care, handling, and transportation of the re-
mains of each deceased member of the Army, Navy, Air 
Force, or Marine Corps who died outside the United States, 
beginning with the initial recovery of the remains, through 
the defense mortuary system, until the interment of the re-
mains or the remains are otherwise accepted by the person 
designated as provided by section 1482(c) of title 10, United 
States Code, to direct disposition of the remains. 
SEC. 524. CONTENTS OF TRANSITION ASSISTANCE PRO-
GRAM. 
(a) IN GENERAL.—Section 1144 of title 10, United 
States Code, is amended— 
(1) in subsection (b), by adding at the end the 
following new paragraph: 
‘‘(9) Provide information about disability-related 
employment and education protections.’’. 
(2) by redesignating subsections (c), (d), and (e), 
as subsections (d), (e), and (f), respectively; and 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00139
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
140 
(3) by inserting after subsection (b) the following 
new subsection (c): 
‘‘(c) ADDITIONAL
ELEMENTS
OF
PROGRAM.—The 
mandatory program carried out by this section shall in-
clude— 
‘‘(1) for any such member who plans to use the 
member’s entitlement to educational assistance under 
title 38— 
‘‘(A) instruction providing an overview of 
the use of such entitlement; and 
‘‘(B) courses of post-secondary education 
appropriate for the member, courses of post-sec-
ondary education compatible with the member’s 
education goals, and instruction on how to fi-
nance the member’s post-secondary education; 
and 
‘‘(2) instruction in the benefits under laws ad-
ministered by the Secretary of Veterans Affairs and 
in other subjects determined by the Secretary con-
cerned.’’. 
(b) DEADLINE FOR IMPLEMENTATION.—The program 
carried out under section 1144 of title 10, United States 
Code, shall comply with the requirements of subsections 
(b)(9) and (c) of such section, as added by subsection (a), 
by not later than April 1, 2015. 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00140
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
141 
(c) FEASIBILITY STUDY.—Not later than 270 days 
after the date of the enactment of this Act, the Secretary 
of Veterans Affairs shall submit to the Committee on Vet-
erans’ Affairs and the Committee on Armed Services of the 
Senate and the Committee on Veterans’ Affairs and the 
Committee on Armed Services of the House of Representa-
tives the results of a study carried out by the Secretary to 
determine the feasibility of providing the instruction de-
scribed in subsection (b) of section 1142 of title 10, United 
States Code, at all overseas locations where such instruction 
is provided by entering into a contract jointly with the Sec-
retary of Labor for the provision of such instruction. 
SEC. 525. PROCEDURES FOR JUDICIAL REVIEW OF MILI-
TARY PERSONNEL DECISIONS RELATING TO 
CORRECTION OF MILITARY RECORDS. 
(a) AVAILABILITY
OF JUDICIAL REVIEW; LIMITA-
TIONS.— 
(1) IN GENERAL.—Chapter 79 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 1560. Judicial review of decisions relating to cor-
rection of military records 
‘‘(a) AVAILABILITY OF JUDICIAL REVIEW.— 
‘‘(1) IN GENERAL.—Pursuant to sections 1346 
and 1491 of title 28 and chapter 7 of title 5 any per-
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00141
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
142 
son adversely affected by a records correction final de-
cision may obtain judicial review of the decision in 
a court with jurisdiction to hear the matter. 
‘‘(2) RECORDS CORRECTION FINAL DECISION DE-
FINED.—In this section, the term ‘records correction 
final decision’ means any of the following decisions: 
‘‘(A) A final decision issued by the Sec-
retary concerned pursuant to section 1552 of this 
title. 
‘‘(B) A final decision issued by the Sec-
retary concerned pursuant to section 1034(f) of 
this title. 
‘‘(C) A final decision issued by the Sec-
retary of Defense pursuant to section 1034(g) of 
this title. 
‘‘(b) EXHAUSTION OF ADMINISTRATIVE REMEDIES.— 
‘‘(1) GENERAL
RULE.—Except as provided in 
paragraphs (3) and (4), judicial review of a matter 
that could be subject to correction under a provision 
of law specified in subsection (a)(2) may not be ob-
tained under this section or any other provision of 
law unless— 
‘‘(A) the petitioner has requested a correc-
tion under section 1552 of this title (including 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00142
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
143 
such a request in a matter arising under section 
1034 of this title); and 
‘‘(B) the Secretary concerned has rendered a 
final decision denying that correction in whole 
or in part. 
‘‘(2) WHISTLEBLOWER CASES.—When the final 
decision of the Secretary concerned is subject to re-
view by the Secretary of Defense under section 
1034(g) of this title, the petitioner is not required to 
seek such review before obtaining judicial review, but 
if the petitioner does seek such review, judicial review 
may not be sought until the earlier of the following 
occurs: 
‘‘(A) The Secretary of Defense makes a deci-
sion in the matter. 
‘‘(B) The period specified in section 1034(g) 
of this title for the Secretary to make a decision 
in the matter expires. 
‘‘(3) CLASS ACTIONS.—If judicial review of a 
records correction final decision is sought, and the pe-
titioner for such judicial review also seeks to bring a 
class action with respect to a matter for which the pe-
titioner requested a correction under section 1552 of 
this title (including such a request in a matter aris-
ing under section 1034 of this title) and the court 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00143
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
144 
issues an order certifying a class in the case, para-
graphs (1) and (2) do not apply to any member of 
the certified class (other than the petitioner) with re-
spect to any matter covered by a claim for which the 
class is certified. 
‘‘(4) TIMELINESS.—Paragraph (1) shall not 
apply if the records correction final decision of the 
Secretary concerned is not issued by the date that is 
18 months after the date on which the petitioner re-
quests a correction. 
‘‘(c) STATUTES OF LIMITATION.— 
‘‘(1) SIX
YEARS
FROM
FINAL
DECISION.—A 
records correction final decision (other than in a mat-
ter to which paragraph (2) applies) is not subject to 
judicial review under this section or otherwise subject 
to review in any court unless petition for such review 
is filed in a court not later than six years after the 
date of the records correction final decision. 
‘‘(2) SIX YEARS FOR CERTAIN CLAIMS THAT MAY 
RESULT IN PAYMENT OF MONEY.—(A) In a case of a 
records correction final decision described in subpara-
graph (B), the records correction final decision (or the 
portion of such decision described in such subpara-
graph) is not subject to judicial review under this sec-
tion or otherwise subject to review in any court unless 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00144
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
145 
petition for such review is filed in a court before the 
end of the six-year period that began on the date of 
discharge, retirement, release from active duty, or 
death while on active duty, of the person whose mili-
tary records are the subject of the correction request. 
Such six-year period does not include any time be-
tween the date of the filing of the request for correc-
tion of military records leading to the records correc-
tion final decision and the date of the final decision. 
‘‘(B) Subparagraph (A) applies to a records cor-
rection final decision or portion of the decision that 
involves a denial of a claim that, if relief were to be 
granted by the court, would support, or result in, the 
payment of money, other than payments made under 
chapter 73 of this title, either under a court order or 
under a subsequent administrative determination. 
‘‘(d) HABEAS CORPUS.—This section does not affect 
any cause of action arising under chapter 153 of title 28.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
adding at the end the following new item: 
‘‘1560. Judicial review of decisions.’’. 
(b) EFFECT OF DENIAL OF REQUEST FOR CORRECTION 
OF RECORDS WHEN PROHIBITED PERSONNEL ACTION AL-
LEGED.— 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00145
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
146 
(1) NOTICE OF DENIAL; PROCEDURES FOR JUDI-
CIAL REVIEW.—Subsection (f) of section 1034 of such 
title is amended by adding at the end the following 
new paragraph: 
‘‘(7) In any case in which the final decision of the Sec-
retary concerned results in denial, in whole or in part, of 
any requested correction of the record of the member or 
former member, the Secretary concerned shall provide the 
member or former member— 
‘‘(A) a concise written statement of the basis for 
the decision; and 
‘‘(B) a notification of the availability of judicial 
review of the decision pursuant to section 1560 of this 
title and the time period for obtaining such review in 
accordance with the applicable statute of limita-
tions.’’. 
(2) SECRETARY OF DEFENSE REVIEW; NOTICE OF 
DENIAL.—Subsection (g) of such section is amended— 
(A) by inserting ‘‘(1)’’ before ‘‘Upon the 
completion of all’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) The submittal of a matter to the Secretary of De-
fense by the member or former member under paragraph 
(1) must be made within 90 days of the receipt by the mem-
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00146
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
147 
ber or former member of the final decision of the Secretary 
of the military department concerned in the matter. In any 
case in which the final decision of the Secretary of Defense 
results in denial, in whole or in part, of any requested cor-
rection of the record of the member or former member, the 
Secretary of Defense shall provide the member or former 
member— 
‘‘(A) a concise written statement of the basis for 
the decision; and 
‘‘(B) a notification of the availability of judicial 
review of the decision pursuant to section 1560 of this 
title and the time period for obtaining such review in 
accordance with the applicable statute of limita-
tions.’’. 
(3) SOLE BASIS FOR JUDICIAL REVIEW.—Such 
section is further amended— 
(A) by redesignating subsections (h) and (i) 
as subsections (i) and (j), respectively; and 
(B) by inserting after subsection (g) the fol-
lowing new subsection (h): 
‘‘(h) JUDICIAL REVIEW.—(1) A decision of the Sec-
retary of Defense under subsection (g) shall be subject to 
judicial review only as provided in section 1560 of this title. 
‘‘(2) In a case in which review by the Secretary of De-
fense under subsection (g) was not sought, a decision of the 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00147
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
148 
Secretary of a military department under subsection (f) 
shall be subject to judicial review only as provided in sec-
tion 1560 of this title. 
‘‘(3) A decision by the Secretary of Homeland Security 
under subsection (f) shall be subject to judicial review only 
as provided in section 1560 of this title.’’. 
(c) EFFECT OF DENIAL OF OTHER REQUESTS FOR 
CORRECTION
OF MILITARY RECORDS.—Section 1552 of 
such title is amended by adding at the end the following 
new subsections: 
‘‘(h) In any case in which the final decision of the Sec-
retary concerned results in denial, in whole or in part, of 
any requested correction, the Secretary concerned shall pro-
vide the claimant— 
‘‘(1) a concise written statement of the basis for 
the decision; and 
‘‘(2) a notification of the availability of judicial 
review of the decision pursuant to section 1560 of this 
title and the time period for obtaining such review in 
accordance with the applicable statute of limitations. 
‘‘(i) A decision by the Secretary concerned under this 
section shall be subject to judicial review only as provided 
in section 1560 of this title.’’. 
(d) EFFECTIVE DATE AND APPLICATION.— 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00148
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
149 
(1) IN
GENERAL.—The amendments made by 
this section shall take effect on January 1, 2015, and 
shall apply to all final decisions of the Secretary of 
Defense under section 1034(g) of title 10, United 
States Code, and of the Secretary of a military de-
partment and the Secretary of Homeland Security 
under sections 1034(f) or 1552 of such title rendered 
on or after such date. 
(2) TREATMENT OF EXISTING CASES.—This sec-
tion and the amendments made by this section do not 
affect the authority of any court to exercise jurisdic-
tion over any case that was properly before the court 
before the effective date specified in paragraph (1). 
(e) IMPLEMENTATION.—The Secretary of a military 
department and the Secretary of Homeland Security (in 
the case of the Coast Guard when it is not operating as 
a service in the Department of the Navy) may prescribe 
regulations, and interim guidance before prescribing such 
regulations, to implement the amendments made by this sec-
tion. Regulations or interim guidance prescribed by the Sec-
retary of a military department may not take effect until 
approved by the Secretary of Defense. 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00149
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
150 
SEC. 526. ESTABLISHMENT AND USE OF CONSISTENT DEFI-
NITION 
OF 
GENDER-NEUTRAL 
OCCUPA-
TIONAL STANDARD FOR MILITARY CAREER 
DESIGNATORS. 
(a) ESTABLISHMENT OF DEFINITIONS.—Section 543 of 
the National Defense Authorization Act for Fiscal Year 
1994 (Public Law 103–160; 10 U.S.C. 113 note) is amended 
by adding at the end the following new subsection: 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) GENDER-NEUTRAL
OCCUPATIONAL
STAND-
ARD.—The term ‘gender-neutral occupational stand-
ard’, with respect to a military career designator, 
means that all members of the Armed Forces serving 
in or assigned to the military career designator must 
meet the same physical and performance outcome- 
based standards for the successful accomplishment of 
the necessary and required specific tasks associated 
with the qualifications and duties performed while 
serving in or assigned to the military career desig-
nator. 
‘‘(2) MILITARY CAREER DESIGNATOR.—The term 
‘military career designator’ refers to— 
‘‘(A) in the case of enlisted members and 
warrant officers of the Armed Forces, military 
occupational specialties, specialty codes, enlisted 
designators, enlisted classification codes, addi-
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00150
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
152 
gender-neutral occupational standard for 
members in that career designator and shall 
ensure (in the case of a career designator’’; 
and 
(B) in paragraph (2)— 
(i) by striking ‘‘an occupational spe-
cialty’’ and inserting ‘‘a military career 
designator’’; 
(ii) by striking ‘‘that occupational spe-
cialty’’ and inserting ‘‘that military career 
designator’’; and 
(iii) by striking ‘‘that specialty’’ and 
inserting ‘‘that military career designator’’; 
and 
(3) in subsection (c)— 
(A) by striking ‘‘the occupational standards 
for a military occupational field’’ and inserting 
‘‘the gender-neutral occupational standard for a 
military career designator’’; and 
(B) by striking ‘‘that occupational field’’ 
and inserting ‘‘that military career designator’’. 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00152
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
153 
SEC. 527. EXPANSION AND ENHANCEMENT OF AUTHORI-
TIES RELATING TO PROTECTED COMMUNICA-
TIONS OF MEMBERS OF THE ARMED FORCES 
AND PROHIBITED RETALIATORY ACTIONS. 
(a) EXPANSION OF PROHIBITED RETALIATORY PER-
SONNEL ACTIONS.—Subsection (b) of section 1034 of title 
10, United States Code, is amended— 
(1) in paragraph (1)(B)— 
(A) by striking ‘‘or’’ at the end of clause 
(iv); 
(B) by redesignating clause (v) as clause 
(vi); and 
(C) by inserting after clause (iv) the fol-
lowing new clause (v): 
‘‘(v) a court-martial proceeding; or’’; and 
(2) in paragraph (2), by inserting after ‘‘any fa-
vorable action’’ the following: ‘‘, or a significant 
change in a member’s duties, responsibilities, or work-
ing conditions’’. 
(b) INSPECTOR GENERAL INVESTIGATIONS OF ALLE-
GATIONS.—Subsection (c) of such section is amended— 
(1) in paragraph (1), by striking ‘‘paragraph 
(3)’’ and inserting ‘‘paragraph (4)’’; 
(2) in paragraph (2), by striking subparagraph 
(A) and inserting the following new subparagraph 
(A): 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00153
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
154 
‘‘(A) Any violation of any law, rule, or regula-
tion, including a law or regulation prohibiting rape, 
sexual assault, or other sexual misconduct in sections 
920 through 920c of this title (articles 120 through 
120c of the Uniform Code of Military Justice), sexual 
harassment or unlawful discrimination.’’; 
(3) by redesignating paragraphs (3), (4), and (5) 
as paragraphs (4), (5), and (6), respectively; 
(4) by inserting after paragraph (2) the fol-
lowing new paragraph (3): 
‘‘(3) A communication described in paragraph (2) 
shall not be excluded from the protections provided in this 
section because— 
‘‘(A) the communication was made to a person 
who participated in an activity that the member rea-
sonably believed to be covered by paragraph (2); 
‘‘(B) the communication revealed information 
that had previously been communicated; 
‘‘(C) of the member’s motive for making the com-
munication; 
‘‘(D) the communication was not made in writ-
ing; 
‘‘(E) the communication was made while the 
member was off duty; 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00154
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
155 
‘‘(F) the communication was made during the 
normal course of duties of the member.’’; 
(5) in subparagraph (D) of paragraph (4), as re-
designated by paragraph (3) of this subsection, by in-
serting before the period at the end of the second sen-
tence the following: ‘‘, with the consent of the mem-
ber’’; 
(6) in paragraph (5), as so redesignated— 
(A) by striking ‘‘paragraph (3)(A)’’ and in-
serting ‘‘paragraph (4)(A)’’; 
(B) by striking ‘‘paragraph (3)(D)’’ and in-
serting ‘‘paragraph (4)(D)’’; and 
(C) by striking ‘‘60 days’’ and inserting 
‘‘one year’’. 
(c) INSPECTOR GENERAL INVESTIGATIONS OF UNDER-
LYING ALLEGATIONS.—Subsection (d) of such section is 
amended by striking ‘‘subparagraph (A) or (B) of sub-
section (c)(2)’’ and inserting ‘‘subparagraph (A), (B), or 
(C) of subsection (c)(2)’’. 
(d) REPORTS ON INVESTIGATIONS.—Subsection (e) of 
such section is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘subsection (c)(3)(E)’’ both 
places it appears and inserting ‘‘subsection 
(c)(4)(E)’’; 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00155
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
156 
(B) by striking ‘‘the Secretary of Defense’’ 
and inserting ‘‘the Secretary of the military de-
partment concerned’’; 
(C) by striking ‘‘to the Secretary,’’ and in-
serting ‘‘to such Secretary,’’; 
(2) in paragraph (3), by striking ‘‘the Secretary 
of Defense’’ and inserting ‘‘the Secretary of the mili-
tary department concerned’’; 
(3) in paragraph (4), by striking the second sen-
tence and inserting the following new sentence: ‘‘The 
report shall include an explicit determination as to 
whether a personnel action prohibited by subsection 
(b) has occurred and a recommendation as to the dis-
position of the complaint, including appropriate cor-
rective action for the member.’’. 
(e) ACTION IN CASE OF VIOLATIONS.—Section 1034 of 
title 10, United States Code, is further amended— 
(1) by redesignating subsections (i) and (j), as 
redesignated by section 525(b) of this Act, as sub-
sections (k) and (l), respectively; and 
(2) by inserting after subsection (h), as added by 
section 525(b), the following new subsection: 
‘‘(i) ACTION IN CASE OF VIOLATIONS.—(1) If an In-
spector General reports under subsection (e) that a per-
sonnel action prohibited by subsection (b) has occurred, not 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00156
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
157 
later than 30 days after receiving such report from the In-
spector General, the Secretary of Homeland Security or the 
Secretary of the military department concerned, as applica-
ble, shall order such action as is necessary to correct the 
record of a personnel action prohibited by subsection (b), 
taking into account the recommendations in the report by 
the Inspector General. Such Secretary shall take any appro-
priate disciplinary action against the individual who com-
mitted such prohibited personnel action. 
‘‘(2) If the Secretary of Homeland Security or the Sec-
retary of the military department concerned, as applicable, 
determines that an order for corrective or disciplinary ac-
tion is not appropriate, not later than 30 days after making 
the determination, such Secretary shall— 
‘‘(A) provide to the Secretary of Defense, the 
Committees on Armed Services of the Senate and the 
House of Representatives, and the member or former 
member, a notice of the determination and the reasons 
for not taking action; and 
‘‘(B) refer the report to the appropriate board for 
the correction of military records for further review 
under subsection (g).’’. 
(f) CORRECTION OF RECORDS.—Subsection (f) of such 
section is amended— 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00157
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
158 
(1) in paragraph (2)(C), by striking ‘‘may’’ and 
inserting ‘‘upon the request of the member or former 
member, after an initial determination that a com-
plaint is not frivolous and has not previously been 
addressed by the board, shall’’; and 
(2) in paragraph (3)— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘board elects to hold’’ and in-
serting ‘‘board holds’’; and 
(B) in subparagraph (A)— 
(i) by striking ‘‘may be provided’’ and 
inserting ‘‘shall be provided’’; and 
(ii) in clause (ii), by striking ‘‘the case 
is unusually complex or otherwise requires’’ 
and inserting ‘‘the member or former mem-
ber would benefit from’’. 
(g) BURDENS
OF PROOF.—Such section is further 
amended by inserting after subsection (i), as added by sub-
section (e) of this section, the following new subsection: 
‘‘(j) BURDENS OF PROOF.—The burdens of proof speci-
fied in section 1221(e) of title 5 shall apply in any inves-
tigation conducted by an Inspector General, and any review 
conducted by the Secretary of Defense, the Secretary of 
Homeland Security, and any board for the correction of 
military records, under this section.’’. 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00158
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
159 
(h) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the date that is 30 days after 
the date of the enactment of this Act, and shall apply with 
respect to allegations pending or submitted under section 
1034 of title 10, United States Code, on or after that date. 
SEC. 528. APPLICABILITY OF MEDICAL EXAMINATION RE-
QUIREMENT 
REGARDING 
POST-TRAUMATIC 
STRESS DISORDER OR TRAUMATIC BRAIN IN-
JURY TO PROCEEDINGS UNDER THE UNI-
FORM CODE OF MILITARY JUSTICE. 
Section 1177 of title 10, United States Code, is amend-
ed by striking subsection (c). 
SEC. 529. PROTECTION OF THE RELIGIOUS FREEDOM OF 
MILITARY CHAPLAINS TO CLOSE A PRAYER 
OUTSIDE OF A RELIGIOUS SERVICE ACCORD-
ING TO THE TRADITIONS, EXPRESSIONS, AND 
RELIGIOUS EXERCISES OF THE ENDORSING 
FAITH GROUP. 
(a) UNITED STATES ARMY.—Section 3547 of title 10, 
United States Code, is amended by adding at the end the 
following new subsection: 
‘‘(c) If called upon to lead a prayer outside of a reli-
gious service, a chaplain shall have the prerogative to close 
the prayer according to the traditions, expressions, and reli-
gious exercises of the endorsing faith group.’’. 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00159
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
160 
(b) UNITED STATES MILITARY ACADEMY.—Section 
4337 of such title is amended— 
(1) by inserting ‘‘(a)’’ before ‘‘There’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) If called upon to lead a prayer outside of a reli-
gious service, the Chaplain shall have the prerogative to 
close the prayer according to the traditions, expressions, 
and religious exercises of the endorsing faith group.’’. 
(c) UNITED STATES NAVY AND MARINE CORPS.—Sec-
tion 6031 of such title is amended by adding at the end 
the following new subsection: 
‘‘(d) If called upon to lead a prayer outside of a reli-
gious service, a chaplain shall have the prerogative to close 
the prayer according to the traditions, expressions, and reli-
gious exercises of the endorsing faith group.’’. 
(d) UNITED STATES AIR FORCE.—Section 8547 of 
such title is amended by adding at the end the following 
new subsection: 
‘‘(c) If called upon to lead a prayer outside of a reli-
gious service, a chaplain shall have the prerogative to close 
the prayer according to the traditions, expressions, and reli-
gious exercises of the endorsing faith group.’’. 
(e) UNITED STATES AIR FORCE ACADEMY.—Section 
9337 of such title is amended— 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00160
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
161 
(1) by inserting ‘‘(a)’’ before ‘‘There’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) If called upon to lead a prayer outside of a reli-
gious service, the Chaplain shall have the prerogative to 
close the prayer according to the traditions, expressions, 
and religious exercises of the endorsing faith group.’’. 
SEC. 530. EXPANSION AND IMPLEMENTATION OF PROTEC-
TION OF RIGHTS OF CONSCIENCE OF MEM-
BERS OF THE ARMED FORCES AND CHAP-
LAINS OF SUCH MEMBERS. 
(a) ACCOMMODATION
OF MEMBERS’ BELIEFS, AC-
TIONS, AND SPEECH.—Subsection (a)(1) of section 533 of 
the National Defense Authorization Act for Fiscal Year 
2013 (Public Law 112–239; 126 Stat. 1727; 10 U.S.C. prec. 
1030 note) is amended— 
(1) by striking ‘‘The Armed Forces shall accom-
modate the beliefs’’ and inserting ‘‘Except in cases of 
military necessity, the Armed Forces shall accommo-
date the beliefs, actions, and speech’’; and 
(2) by inserting ‘‘, actions, or speech’’ after ‘‘such 
beliefs’’. 
(b) NARROW EXCEPTION.—Subsection (a)(2) of such 
section is amended by striking ‘‘that threaten’’ and insert-
ing ‘‘that actually harm’’. 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00161
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
162 
(c) DEADLINE FOR REGULATIONS; CONSULTATION.— 
The implementation regulations required by subsection (c) 
of such section shall be issued not later than 120 days after 
the date of the enactment of this Act. In preparing such 
regulations, the Secretary of Defense shall consult with the 
official military faith-group representatives who endorse 
military chaplains. 
SEC. 530A. SERVICEMEMBERS’ ACCOUNTABILITY, RIGHTS, 
AND RESPONSIBILITIES TRAINING. 
(a) RESPONSIBILITIES OF SECRETARY OF DEFENSE.— 
(1) IN GENERAL.—The Secretary of Defense, act-
ing through the Secretaries of the military depart-
ments, shall ensure that all members of the Armed 
Forces understand and comply with the rights and re-
sponsibilities specified in subsections (b) and (c). 
(2) IMPLEMENTATION.—The Secretary of Defense 
shall have discretion regarding the manner in which 
this information will be disseminated to members, ex-
cept that, at a minimum, the Secretary shall require 
acknowledgment of these rights and responsibilities by 
a member at these occurrences during the military 
service of the member: 
(A) Recruitment. 
(B) Enlistment and reenlistment. 
(C) Commissioning. 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00162
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
163 
(D) Promotion in rank. 
(E) Selection for command. 
(b) MEMBER RIGHTS.—Each member of the Armed 
Forces has the following rights: 
(1) To a workplace and battlespace free from the 
threat of sexual violence, including harassment, abuse, 
assault, and rape. 
(2) To have every instance of illegal activity ap-
propriately investigated. Law enforcement agencies 
will investigate every allegation of criminal behavior, 
and commanders will respond appropriately to every 
report of wrongdoing. 
(3) To make a restricted or unrestricted report of 
a sex-based criminal act. Victims will have access to 
vital services whether they pursue an investigation or 
not. 
(4) To use any and all reporting and prosecu-
tion avenues to pursue an allegation of sexual assault. 
(5) To not face retaliation for reporting a crimi-
nal offense or harmful behavior. 
(c) MEMBER RESPONSIBILITIES.—Each member of the 
Armed Forces has the following responsibilities: 
(1) To responsibly intervene in any situation 
that involves the presence or threat of criminal behav-
ior. 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00163
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
164 
(2) To never leave another member behind in a 
situation of risk to self or others, on the battlefield or 
anywhere else. 
(3) To immediately report observation or knowl-
edge of criminal behavior to appropriate officials. 
SEC. 530B. INSPECTOR GENERAL OF THE DEPARTMENT OF 
DEFENSE REVIEW OF SEPARATION OF MEM-
BERS OF THE ARMED FORCES WHO MADE UN-
RESTRICTED REPORTS OF SEXUAL ASSAULT. 
(a) REVIEW REQUIRED.—The Inspector General of the 
Department of Defense shall conduct a review— 
(1) to identify all members of the Armed Forces 
who, since January 1, 2002, were separated from the 
Armed Forces after making an unrestricted report of 
sexual assault; 
(2) to determine the circumstances of and 
grounds for each such separation, including— 
(A) whether the separation was in retalia-
tion for or influenced by the identified member 
making an unrestricted report of sexual assault; 
and 
(B) whether the identified member requested 
an appeal; and 
(3) if an identified member was separated on the 
grounds of having a personality or adjustment dis-
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00164
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
165 
order, to determine whether the separation was car-
ried out in compliance with Department of Defense 
Instruction 1332.14 and any other applicable Depart-
ment of Defense regulations, directives, and policies. 
(b) SUBMISSION
OF RESULTS
AND RECOMMENDA-
TIONS.—Not later than 180 days after the date of the enact-
ment of this Act, the Inspector General of the Department 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives the re-
sults of the review conducted under subsection (a), including 
such recommendations as the Inspector General of the De-
partment of Defense considers necessary. 
SEC. 530C. REPORT ON DATA AND INFORMATION COL-
LECTED IN CONNECTION WITH DEPARTMENT 
OF DEFENSE REVIEW OF LAWS, POLICIES, 
AND REGULATIONS RESTRICTING SERVICE 
OF 
FEMALE 
MEMBERS 
OF 
THE 
ARMED 
FORCES. 
(a) REPORT REQUIRED.—Not later than 30 days after 
the date of the enactment of this Act, the Secretary of De-
fense shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report con-
taining the specific results and data produced during the 
research programs, tests, surveys, consultant reports, assess-
ments, and similar projects conducted to comply with the 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00165
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
166 
requirement of section 535 of the Ike Skelton National De-
fense Authorization Act for Fiscal Year 2011 (Public Law 
111–383; 124 Stat. 4217) to review laws, policies, and regu-
lations that may restrict the service of female members of 
the Armed Forces. 
(b) PUBLIC AVAILABILITY.—Subject to subsection (c), 
the Secretary of Defense shall make the report required by 
subsection (a) publically available. 
(c) RULE OF CONSTRUCTION.—Nothing in this section 
shall be construed as a request or authority for the Sec-
retary of Defense to provide in the report required by sub-
section (a) any personal information that would identify, 
or violate the privacy of, members of the Armed Forces, in-
cluding members who participated in the research pro-
grams, tests, surveys, reports, assessments, and similar 
projects conducted regarding the possible future assignments 
of female members of the Armed Forces. 
SEC. 530D. SENSE OF CONGRESS REGARDING THE WOMEN 
IN SERVICE IMPLEMENTATION PLAN. 
(a) FINDINGS.—Congress makes the following findings: 
(1) In February 2012, the Secretary of Defense 
notified Congress of the intent of the Secretary to re-
scind the co-location restriction and to implement 
policy exceptions to allow female members of the 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00166
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
167 
Armed Forces to be assigned to specified positions in 
ground combat units at the battalion level. 
(2) On January 24, 2013, the Secretary of De-
fense and the Joint Chiefs of Staff issued guidance to 
rescind the direct combat exclusion rule for female 
members of the Armed Forces and eliminate all un-
necessary gender-based barriers to service in the 
Armed Forces. 
(3) The Secretaries of the military departments 
were required to develop and submit their plans for 
implementation of the rescission of the direct combat 
exclusion rule by May 15, 2013. 
(4) As of 2013, there are approximately 202,000 
female members of the Armed Forces, approximately 
20,000 female members have served in Iraq and Af-
ghanistan, and more than 60 female members have 
been killed in combat. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that the Secretaries of the military departments— 
(1) no later than September 2015, should de-
velop, review, and validate individual occupational 
standards, using validated gender-neutral occupa-
tional standards, so as to assess and assign members 
of the Armed Forces to units, including Special Oper-
ations Forces; and 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00167
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
168 
(2) no later than January 1, 2016, should com-
plete all assessments. 
Subtitle D—Military Justice, In-
cluding Sexual Assault Preven-
tion and Response 
SEC. 531. LIMITATIONS ON CONVENING AUTHORITY DIS-
CRETION REGARDING COURT-MARTIAL FIND-
INGS AND SENTENCE. 
(a) ELIMINATION OF UNLIMITED COMMAND PREROGA-
TIVE AND DISCRETION.—Paragraph (1) of section 860(c) 
of title 10, United States Code (article 60(c) of the Uniform 
Code of Military Justice) is amended by striking the first 
sentence. 
(b) LIMITATIONS ON DISCRETION REGARDING COURT- 
MARTIAL FINDINGS.—Paragraph (3) of section 860(c) of 
title 10, United States Code (article 60(c) of the Uniform 
Code of Military Justice) is amended to read as follows: 
‘‘(3)(A) Action on the findings of a court-martial by 
the convening authority or by another person authorized to 
act under this section is not required. 
‘‘(B) If the convening authority or another person au-
thorized to act under this section acts on the findings of 
a court-martial, the convening authority or other person 
may not— 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00168
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
169 
‘‘(i) dismiss any charge or specification, other 
than a charge or specification for a qualifying offense, 
by setting aside a finding of guilty thereto; or 
‘‘(ii) change a finding of guilty to a charge or 
specification, other than a charge or specification for 
a qualifying offense, to a finding of guilty to an of-
fense that is a lesser included offense of the offense 
stated in the charge or specification. 
‘‘(C) If the convening authority or another person au-
thorized to act under this section acts on the findings to 
dismiss or change any charge or specification for a quali-
fying offense, the convening authority or other person shall 
provide, at that same time, a written explanation of the 
reasons for such action. The written explanation shall be 
made a part of the record of the trial and action thereon. 
‘‘(D)(i) In this paragraph, the term ‘qualifying offense’ 
means, except in the case of an offense specified in clause 
(ii), an offense under this chapter for which— 
‘‘(I) the maximum sentence of confinement that 
may be adjudged does not exceed two years; and 
‘‘(II) the sentence adjudged does not include dis-
missal, a dishonorable or bad-conduct discharge, or 
confinement for more than six months. 
‘‘(ii) Such term does not include the following: 
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00169
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS
170 
‘‘(I) An offense under section 920 of this title 
(article 120). 
‘‘(II) An offense under section 928 of this title 
(article 128), if such offense consisted of assault con-
summated by battery upon child under 16 years of 
age. 
‘‘(III) An offense under section 934 of this title 
(article 134), if such offense consisted of indecent lan-
guage communicated to child under the age of 16 
years. 
‘‘(IV) Such other offenses as the Secretary of De-
fense may exclude by regulation.’’. 
(c) LIMITATIONS ON DISCRETION TO MODIFY AN AD-
JUDGED SENTENCE.—Section 860(c) of title 10, United 
States Code (article 60(c) of the Uniform Code of Military 
Justice) is amended— 
(1) in paragraph (2), by striking ‘‘The con-
vening authority’’ and inserting the following: 
‘‘(B) Except as provided in paragraph (4), the con-
vening authority’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(4)(A) Except as provided in subparagraphs (B) and 
(C), the convening authority or another person authorized 
to act under this section may not modify an adjudged sen-
VerDate Mar 15 2010 
21:28 Jun 07, 2013
Jkt 029200
PO 00000
Frm 00170
Fmt 6652
Sfmt 6203
E:\BILLS\H1960.RH
H1960
sroberts on DSK5SPTVN1PROD with BILLS