150 
States Code, shall apply only to persons assigned to the 
inactive status list of the inactive National Guard, rather 
than to all persons enlisted in the inactive National Guard. 
(f) CONFORMING AMENDMENTS.— 
(1) MODIFICATION OF ACTIVE STATUS DEFINI-
TION.—Section 101(d)(4) of title 10, United States 
Code, is amended by adding at the end the following 
new sentence: ‘‘However, while an inactive status list 
for the inactive Army National Guard or inactive Air 
National Guard exists, such term means the status 
of a member of the Army National Guard of the 
United States or Air National Guard of the United 
States who is not assigned to the inactive status list 
of the inactive Army National Guard or inactive Air 
National Guard, on another inactive status list, or in 
the Retired Reserve.’’. 
(2) COMPUTATION OF YEARS OF SERVICE FOR 
ENTITLEMENT TO RETIRED PAY.—Paragraph (3) of 
section 12732(b) of such title is amended to read as 
follows: 
‘‘(3) Service in the inactive National Guard (for 
any period other than a period in which an inactive 
status list for the inactive National Guard exists) 
and service while assigned to the inactive status list 
of the inactive National Guard (for any period in
151 
which an inactive status list for the inactive Na-
tional Guard exists).’’. 
(g) EVALUATION OF USE OF AUTHORITY.— 
(1) INDEPENDENT STUDY REQUIRED.—Before 
the end of the period specified in subsection (h), the 
Secretary of Defense shall commission an inde-
pendent study to evaluate the effectiveness of using 
an active status list for the inactive National Guard 
to improve the readiness of the Army National 
Guard and the Air National Guard. 
(2) ELEMENTS.—As part of the study required 
by this subsection, the entity conducting the study 
shall determine, for each year in which the tem-
porary 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 inac-
tive 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
152 
(D) the impact on drill and annual train-
ing participation rates. 
(3) ADDITIONAL CONSIDERATION.—The study 
required by this subsection also shall include an as-
sessment of the impact of the use of the temporary 
authority provided by subsection (a) on medical 
readiness 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 
(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 sub-
mit 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 
active status list and inactive status list of members in 
the inactive National Guard exists only during the period
153 
beginning 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 offi-
cer requirements for members of the reserve component 
in an active status. 
(b) PURPOSE OF REVIEW.—The purpose of the re-
view is to ensure that the authorized strengths provided 
in section 12004 of title 10, United States Code, for re-
serve general officers and reserve flag officers in an active 
status— 
(1) are based on an objective requirements 
process and are sufficient for the effective manage-
ment, leadership, and administration of the reserve 
components; 
(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),
154 
(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 and the House of Representatives a report con-
taining the results of the review, including such rec-
ommendations for changes in law and policy related to au-
thorized reserve general 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—
155 
(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 
Secretary of Defense shall consider the following: 
(1) The allocation of National Guard force 
structure and manpower to American Samoa and 
the Commonwealth of the Northern Mariana Islands 
in the event of the establishment of a unit of the 
National Guard in American Samoa and in the 
Commonwealth of the Northern Mariana Islands, 
and the impact of this allocation on existing Na-
tional Guard units in the 50 states, the Common-
wealth 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 
derived from paragraph (1), and the equipment, in-
cluding maintenance, required to support such force 
structure.
156 
(3) The presence of existing infrastructure to 
support a unit of the National Guard in American 
Samoa and the Commonwealth of the Northern 
Mariana Islands, and the requirement for additional 
infrastructure, including information technology in-
frastructure, 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-
nance, logistics, joint force headquarters, and com-
munications) 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.
157 
(6) The ability of a unit of the National Guard 
in American Samoa and the Commonwealth of the 
Northern Mariana Islands to maintain unit readi-
ness and the logistical challenges associated with 
transportation, 
communications, 
supply/resupply, 
and training 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 
conducted under subsection (a). The report shall also in-
clude the following: 
(1) A determination of whether the executive 
branch of American Samoa and of the Common-
wealth of the Northern Mariana Islands has enacted 
and implemented statutory authorization for an or-
ganized 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 Na-
tional Guard unit. 
(2) A list of any amendments to titles 10, 32, 
and 37, United States Code, that would have to be 
enacted by Congress to provide for the establishment 
of a unit of the National Guard in American Samoa
158 
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. 
SEC. 516. DESIGNATION OF STATE STUDENT CADET CORPS 
AS DEPARTMENT OF DEFENSE YOUTH ORGA-
NIZATIONS. 
Section 508(d) of title 32, United States Code, is 
amended— 
(1) by redesignating paragraph (14) as para-
graph (15); and 
(2) by inserting after paragraph (13) the fol-
lowing new paragraph (14): 
‘‘(14) Any State student cadet corps authorized 
under State law.’’.
159 
Subtitle C—General Service 
Authorities 
SEC. 521. REVIEW OF INTEGRATED DISABILITY EVALUA-
TION SYSTEM. 
(a) REVIEW.—The Secretary of Defense shall con-
duct a review of— 
(1) the backlog of pending cases in the Inte-
grated Disability Evaluation System with respect to 
members 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 
Representatives and the Senate a report on the review 
under subsection (a). Such report shall include the fol-
lowing: 
(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
160 
department, component, and, with respect to 
the National Guard, State; 
(B) as of the date of the report, the aver-
age time it takes to process a case in the Inte-
grated Disability Evaluation System; 
(C) a description of the steps the Secretary 
will take to resolve the backlog of cases in the 
Integrated Disability Evaluation System; and 
(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 
Evaluation System to an integrated and readily 
accessible electronic format that a member of 
the Armed Forces may access and see the sta-
tus of the member during each phase of the 
system; 
(B) an estimate of the cost to complete the 
transition to an integrated and readily acces-
sible electronic format; and 
(C) an assessment of the feasibility of im-
proving in-transit visibility of pending cases, in-
161 
cluding by establishing a method of tracking a 
pending case when a military treatment facility 
is assigned a packet and pending case for ac-
tion 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 
Evaluation System and has been referred to a medical 
evaluation board. 
SEC. 522. COMPLIANCE REQUIREMENTS FOR ORGANIZA-
TIONAL CLIMATE ASSESSMENTS. 
(a) 
VERIFICATION
AND
TRACKING
REQUIRE-
MENTS.—The Secretary of Defense shall direct the Secre-
taries of the military departments to verify and track the 
compliance of commanding officers in conducting organi-
zational climate assessments required as part of the com-
prehensive policy for the Department of Defense sexual 
assault prevention and response program pursuant to sec-
tion 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 
Defense shall submit to the Committees on Armed Serv-
162 
ices of the Senate and House of Representatives a report 
containing— 
(1) a description of the progress of the develop-
ment of the system that will verify and track the 
compliance of commanding officers in conducting or-
ganizational climate assessments; and 
(2) an estimate of when the system will be com-
pleted and implemented. 
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 enact-
ment of this Act, the Secretary of Defense shall take such 
steps as may be necessary to ensure that there is contin-
uous, designated military command responsibility and ac-
countability for the care, handling, and transportation of 
the remains 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 remains 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.
163 
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-re-
lated employment and education protections.’’. 
(2) by redesignating subsections (c), (d), and 
(e), as subsections (d), (e), and (f), respectively; and 
(3) by inserting after subsection (b) the fol-
lowing 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- 
secondary education compatible with the mem-
ber’s education goals, and instruction on how to 
finance the member’s post-secondary education; 
and
164 
‘‘(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 pro-
gram carried out under section 1144 of title 10, United 
States Code, shall comply with the requirements of sub-
sections (b)(9) and (c) of such section, as added by sub-
section (a), by not later than April 1, 2015. 
(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 Rep-
resentatives the results of a study carried out by the Sec-
retary to determine the feasibility of providing the instruc-
tion described 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 Secretary of Labor for the provision of 
such instruction.
165 
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 following 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 
person adversely affected by a records correction 
final decision may obtain judicial review of the deci-
sion in a court with jurisdiction to hear the matter. 
‘‘(2) RECORDS
CORRECTION
FINAL
DECISION 
DEFINED.—In this section, the term ‘records correc-
tion final decision’ means any of the following deci-
sions: 
‘‘(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.
166 
‘‘(C) A final decision issued by the Sec-
retary of Defense pursuant to section 1034(g) 
of this title. 
‘‘(b) 
EXHAUSTION
OF
ADMINISTRATIVE
REM-
EDIES.— 
‘‘(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 
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
167 
review may not be sought until the earlier of the fol-
lowing occurs: 
‘‘(A) The Secretary of Defense makes a 
decision 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 
petitioner for such judicial review also seeks to bring 
a class action with respect to a matter for which the 
petitioner requested a correction under section 1552 
of this title (including such a request in a matter 
arising under section 1034 of this title) and the 
court issues an order certifying a class in the case, 
paragraphs (1) and (2) do not apply to any member 
of the certified class (other than the petitioner) with 
respect 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 
requests a correction. 
‘‘(c) STATUTES OF LIMITATION.—
169 
‘‘(B) Subparagraph (A) applies to a records 
correction 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 de-
termination. 
‘‘(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 CORREC-
TION OF RECORDS WHEN PROHIBITED PERSONNEL AC-
TION ALLEGED.— 
(1) NOTICE OF DENIAL; PROCEDURES FOR JU-
DICIAL REVIEW.—Subsection (f) of section 1034 of 
such title is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(7) In any case in which the final decision of the 
Secretary concerned results in denial, in whole or in part, 
of any requested correction of the record of the member 
or former member, the Secretary concerned shall provide 
the member or former member—
170 
‘‘(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 re-
view in accordance with the applicable statute of lim-
itations.’’. 
(2) SECRETARY OF DEFENSE REVIEW; NOTICE 
OF
DENIAL.—Subsection (g) of such section is 
amended— 
(A) by inserting ‘‘(1)’’ before ‘‘Upon the 
completion of all’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) The submittal of a matter to the Secretary of 
Defense by the member or former member under para-
graph (1) must be made within 90 days of the receipt by 
the member or former member of the final decision of the 
Secretary of the military department concerned in the 
matter. In any case in which the final decision of the Sec-
retary of Defense results in denial, in whole or in part, 
of any requested correction of the record of the member 
or former member, the Secretary of Defense shall provide 
the member or former member—
171 
‘‘(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 re-
view in accordance with the applicable statute of lim-
itations.’’. 
(3) SOLE BASIS FOR JUDICIAL REVIEW.—Such 
section is further amended— 
(A) by redesignating subsections (h) and 
(i) as subsections (i) and (j), respectively; and 
(B) by inserting after subsection (g) the 
following new subsection (h): 
‘‘(h) JUDICIAL REVIEW.—(1) A decision of the Sec-
retary of Defense under subsection (g) shall be subject to 
judicial review only as provided in section 1560 of this 
title. 
‘‘(2) In a case in which review by the Secretary of 
Defense under subsection (g) was not sought, a decision 
of the Secretary of a military department under subsection 
(f) shall be subject to judicial review only as provided in 
section 1560 of this title. 
‘‘(3) A decision by the Secretary of Homeland Secu-
rity under subsection (f) shall be subject to judicial review 
only as provided in section 1560 of this title.’’.
172 
(c) EFFECT OF DENIAL OF OTHER REQUESTS FOR 
CORRECTION OF MILITARY RECORDS.—Section 1552 of 
such title is amended by adding at the end the following 
new subsections: 
‘‘(h) In any case in which the final decision of the 
Secretary concerned results in denial, in whole or in part, 
of any requested correction, the Secretary concerned shall 
provide the claimant— 
‘‘(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 re-
view in accordance with the applicable statute of lim-
itations. 
‘‘(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.— 
(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
173 
under sections 1034(f) or 1552 of such title ren-
dered on or after such date. 
(2) TREATMENT
OF
EXISTING
CASES.—This 
section and the amendments made by this section do 
not affect the authority of any court to exercise ju-
risdiction 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 
section. Regulations or interim guidance prescribed by the 
Secretary of a military department may not take effect 
until approved by the Secretary of Defense. 
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
174 
amended by adding at the end the following new sub-
section: 
‘‘(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 serv-
ing in or assigned to the military career designator 
must meet the same physical and performance out-
come-based standards for the successful accomplish-
ment of the necessary and required specific tasks as-
sociated with the qualifications and duties performed 
while serving in or assigned to the military career 
designator. 
‘‘(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-
tional skill identifiers, and special qualification 
identifiers; and 
‘‘(B) in the case of commissioned officers 
(other than commissioned warrant officers), of-
ficer areas of concentration, occupational spe-
175 
cialties, specialty codes, additional skill identi-
fiers, and special qualification identifiers.’’. 
(b) USE OF DEFINITIONS.—Such section is further 
amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘military occupational career field’’ 
and inserting ‘‘military career designator’’; and 
(B) in paragraph (1), by striking ‘‘com-
mon, relevant performance standards’’ and in-
serting ‘‘an occupational standard’’; 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) by striking ‘‘any military occupa-
tional specialty’’ and inserting ‘‘any mili-
tary career designator’’; and 
(ii) by striking ‘‘requirements for 
members in that specialty and shall ensure 
(in the case of an occupational specialty’’ 
and inserting ‘‘requirements as part of the 
gender-neutral occupational standard for 
members in that career designator and 
shall ensure (in the case of a career desig-
nator’’; and 
(B) in paragraph (2)—
176 
(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 stand-
ards for a military occupational field’’ and in-
serting ‘‘the gender-neutral occupational stand-
ard for a military career designator’’; and 
(B) by striking ‘‘that occupational field’’ 
and inserting ‘‘that military career designator’’. 
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)—
177 
(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 
favorable action’’ the following: ‘‘, or a significant 
change in a member’s duties, responsibilities, or 
working 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): 
‘‘(A) Any violation of any law, rule, or regula-
tion, including a law or regulation prohibiting rape, 
sexual assault, or other sexual misconduct in sec-
tions 920 through 920c of this title (articles 120 
through 120c of the Uniform Code of Military Jus-
tice), sexual harassment or unlawful discrimina-
tion.’’;
178 
(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 
communication; 
‘‘(D) the communication was not made in writ-
ing; 
‘‘(E) the communication was made while the 
member was off duty; 
‘‘(F) the communication was made during the 
normal course of duties of the member.’’; 
(5) in subparagraph (D) of paragraph (4), as 
redesignated by paragraph (3) of this subsection, by 
inserting before the period at the end of the second 
sentence the following: ‘‘, with the consent of the 
member’’;
179 
(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 
inserting ‘‘paragraph (4)(D)’’; and 
(C) by striking ‘‘60 days’’ and inserting 
‘‘one year’’. 
(c) INSPECTOR GENERAL INVESTIGATIONS OF UN-
DERLYING 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)’’; 
(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,’’;
180 
(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 
sentence and inserting the following new sentence: 
‘‘The report shall include an explicit determination 
as to whether a personnel action prohibited by sub-
section (b) has occurred and a recommendation as to 
the disposition of the complaint, including appro-
priate corrective 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 later than 30 days after receiving such report from 
the Inspector General, the Secretary of Homeland Secu-
rity or the Secretary of the military department concerned, 
as applicable, shall order such action as is necessary to 
correct the record of a personnel action prohibited by sub-
181 
section (b), taking into account the recommendations in 
the report by the Inspector General. Such Secretary shall 
take any appropriate disciplinary action against the indi-
vidual who committed such prohibited personnel action. 
‘‘(2) If the Secretary of Homeland Security or the 
Secretary of the military department concerned, as appli-
cable, determines that an order for corrective or discipli-
nary action 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 re-
view under subsection (g).’’. 
(f) CORRECTION OF RECORDS.—Subsection (f) of 
such section is amended— 
(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)—
182 
(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 re-
quires’’ and inserting ‘‘the member or 
former member would benefit from’’. 
(g) BURDENS OF PROOF.—Such section is further 
amended by inserting after subsection (i), as added by 
subsection (e) of this section, the following new subsection: 
‘‘(j) BURDENS OF PROOF.—The burdens of proof 
specified in section 1221(e) of title 5 shall apply in any 
investigation conducted by an Inspector General, and any 
review conducted by the Secretary of Defense, the Sec-
retary of Homeland Security, and any board for the cor-
rection of military records, under this section.’’. 
(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.
183 
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 
amended 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 
religious exercises of the endorsing faith group.’’. 
(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:
184 
‘‘(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.— 
Section 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 
religious 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 
religious exercises of the endorsing faith group.’’. 
(e) UNITED STATES AIR FORCE ACADEMY.—Section 
9337 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
185 
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 ac-
commodate the beliefs’’ and inserting ‘‘Except in 
cases of military necessity, the Armed Forces shall 
accommodate 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’’. 
(c) DEADLINE
FOR
REGULATIONS; CONSULTA-
TION.—The implementation regulations required by sub-
section (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
186 
consult with the official military faith-group representa-
tives who endorse military chaplains. 
SEC. 530A. SERVICEMEMBERS’ ACCOUNTABILITY, RIGHTS, 
AND RESPONSIBILITIES TRAINING. 
(a) RESPONSIBILITIES
OF
SECRETARY
OF
DE-
FENSE.— 
(1) IN GENERAL.—The Secretary of Defense, 
acting through the Secretaries of the military de-
partments, shall ensure that all members of the 
Armed Forces understand and comply with the 
rights and responsibilities specified in subsections 
(b) and (c). 
(2) IMPLEMENTATION.—The Secretary of De-
fense shall have discretion regarding the manner in 
which this information will be disseminated to mem-
bers, except that, at a minimum, the Secretary shall 
require acknowledgment of these rights and respon-
sibilities by a member at these occurrences during 
the military service of the member: 
(A) Recruitment. 
(B) Enlistment and reenlistment. 
(C) Commissioning. 
(D) Promotion in rank. 
(E) Selection for command.
187 
(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 as-
sault. 
(5) To not face retaliation for reporting a 
criminal 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 be-
havior.
188 
(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 re-
port 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 re-
quested an appeal; and 
(3) if an identified member was separated on 
the grounds of having a personality or adjustment
189 
disorder, to determine whether the separation was 
carried out in compliance with Department of De-
fense Instruction 1332.14 and any other applicable 
Department of Defense regulations, directives, and 
policies. 
(b) SUBMISSION OF RESULTS AND RECOMMENDA-
TIONS.—Not later than 180 days after the date of the en-
actment of this Act, the Inspector General of the Depart-
ment of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives 
the results of the review conducted under subsection (a), 
including such recommendations as the Inspector General 
of the Department 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 Defense shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a re-
port containing the specific results and data produced dur-
ing the research programs, tests, surveys, consultant re-
190 
ports, assessments, and similar projects conducted to com-
ply with the requirement of section 535 of the Ike Skelton 
National Defense Authorization Act for Fiscal Year 2011 
(Public Law 111–383; 124 Stat. 4217) to review laws, 
policies, and regulations 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 re-
quired by subsection (a) publically available. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed as a request or authority for the 
Secretary of Defense to provide in the report required by 
subsection (a) any personal information that would iden-
tify, or violate the privacy of, members of the Armed 
Forces, including members who participated in the re-
search programs, 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 find-
ings: 
(1) In February 2012, the Secretary of Defense 
notified Congress of the intent of the Secretary to 
rescind the co-location restriction and to implement
191 
policy exceptions to allow female members of the 
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 fe-
male members of the Armed Forces and eliminate 
all unnecessary 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, ap-
proximately 20,000 female members have served in 
Iraq and Afghanistan, and more than 60 female 
members have been killed in combat. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress 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
192 
of the Armed Forces to units, including Special Op-
erations Forces; and 
(2) no later than January 1, 2016, should com-
plete all assessments. 
SEC. 530E. MEETINGS WITH RESPECT TO RELIGIOUS LIB-
ERTY. 
(a) NOTICE.— 
(1) IN GENERAL.—The Department of Defense 
shall provide to the Committee on Armed Services of 
the House of Representatives and the Committee on 
Armed Services of the Senate advance written notice 
of any meeting to be held between Department em-
ployees and civilians for the purpose of writing, re-
vising, issuing, implementing, enforcing, or seeking 
advice, input, or counsel regarding military policy re-
lated to religious liberty. 
(2) CONTENTS
OF
NOTICE.—Notice provided 
under paragraph (1) shall include information on the 
time, date, location, and anticipated attendees of the 
meeting and information on who initiated the meet-
ing. 
(3) VERBAL NOTICE.—If a meeting to which 
this subsection applies is scheduled less than 24 
hours in advance of the meeting, the notice require-
ment under paragraph (1) may be satisfied by a
193 
phone call if Committee staff provide verbal con-
firmation of receipt of the notice. 
(b) REPORTS.—Not later than 72 hours after the 
conclusion of a meeting to which subsection (a) applies, 
the Secretary of Defense shall submit to the Committee 
on Armed Services of the House of Representatives and 
the Committee on Armed Services of the Senate a report 
on the meeting, which shall include information on the 
time, date, location, duration, and attendees of the meet-
ing and information on who initiated the meeting. 
SEC. 530F. PROOF OF PERIOD OF MILITARY SERVICE FOR 
PURPOSES OF INTEREST RATE LIMITATION 
UNDER THE SERVICEMEMBERS CIVIL RELIEF 
ACT. 
Section 207(b)(1) of the Servicemembers Civil Relief 
Act (50 U.S.C. App. 527(b)(1)) is amended by inserting 
after ‘‘calling the servicemember to military service’’ the 
following: ‘‘, or other appropriate indicator of military 
service, including a certified letter from a commanding of-
ficer or information from the Defense Manpower Database 
Center,’’.
194 
SEC. 530G. POLICY ON MILITARY RECRUITMENT AND EN-
LISTMENT OF GRADUATES OF SECONDARY 
SCHOOLS. 
(a) CONDITIONS ON USE OF TEST, ASSESSMENT, OR 
SCREENING TOOLS.—In the case of any test, assessment, 
or screening tool utilized under the policy on recruitment 
and enlistment required by subsection (b) of section 532 
of the National Defense Authorization Act for Fiscal Year 
2012 (Public Law 112–81; 125 Stat. 1403; 10 U.S.C. 503 
note) for the purpose of identifying persons for recruit-
ment and enlistment in the Armed Forces, the Secretary 
of Defense shall— 
(1) implement a means for ensuring that grad-
uates of a secondary school (as defined in section 
9101(38) of the Elementary and Secondary Edu-
cation Act of 1965 (20 U.S.C. 7801(38)), including 
all persons described in subsection (a)(2) of section 
532 of the National Defense Authorization Act for 
Fiscal Year 2012, are required to meet the same 
standard on the test, assessment, or screening tool; 
and 
(2) use uniform testing requirements and grad-
ing standards. 
(b) RULE OF CONSTRUCTION.—Nothing in section 
532(b) of the National Defense Authorization Act for Fis-
cal Year 2012 or this section shall be construed to permit
195 
the Secretary of Defense or the Secretary of a military 
department to create or use a different grading standard 
on any test, assessment, or screening tool utilized for the 
purpose of identifying graduates of a secondary school (as 
defined in section 9101(38) of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 7801(38)), in-
cluding all persons described in subsection (a)(2) of sec-
tion 532 of the National Defense Authorization Act for 
Fiscal Year 2012, for recruitment and enlistment in the 
Armed Forces. 
SEC. 530H. COMPTROLLER GENERAL REPORT ON USE OF 
DETERMINATION 
OF 
PERSONALITY 
DIS-
ORDER OR ADJUSTMENT DISORDER AS BASIS 
TO SEPARATE MEMBERS FROM THE ARMED 
FORCES. 
Not later than 180 days after the date of the enact-
ment of this Act, the Comptroller General of the United 
States shall submit to the Committees on Armed Services 
of the Senate and the House of Representatives a report 
evaluating— 
(1) the use by the Secretaries of the military 
departments, since January 1, 2007, of the author-
ity to separate members of the Armed Forces from 
the Armed Forces due of unfitness for duty because 
of a mental condition not amounting to disability,
196 
including separation on the basis of a personality 
disorder or adjustment disorder and the total num-
ber of members separated on such basis; 
(2) the extent to which the Secretaries failed to 
comply with regulatory requirements in separating 
members of the Armed Forces on the basis of a per-
sonality or adjustment disorder; and 
(3) the impact of such a separation on the abil-
ity of veterans so separated to access service-con-
nected disability compensation, disability severance 
pay, and disability retirement pay. 
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 PRE-
ROGATIVE 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
197 
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— 
‘‘(i) dismiss any charge or specification, other 
than a charge or specification for a qualifying of-
fense, 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 there-
on.
198 
‘‘(D)(i) In this paragraph, the term ‘qualifying of-
fense’ 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 
dismissal, a dishonorable or bad-conduct discharge, 
or confinement for more than six months. 
‘‘(ii) Such term does not include the following: 
‘‘(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 
consummated 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 
language communicated to child under the age of 16 
years. 
‘‘(IV) Such other offenses as the Secretary of 
Defense 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—
199 
(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 
paragraph: 
‘‘(4)(A) Except as provided in subparagraphs (B) 
and (C), the convening authority or another person au-
thorized to act under this section may not modify an ad-
judged sentence of confinement or a punitive discharge or 
disapprove, commute, or suspend an adjudged sentence of 
confinement or a punitive discharge in whole or in part. 
‘‘(B)(i) Upon the recommendation of the trial coun-
sel, the convening authority or another person authorized 
to act under this section shall have the authority to impose 
a sentence below a level established by statute as a min-
imum sentence, to impose a sentence of confinement below 
the adjudged confinement sentence, or to disapprove, com-
mute, or suspend the adjudged sentence in whole or in 
part in recognition of the substantial assistance by the ac-
cused in the investigation or prosecution of another person 
who has committed an offense. 
‘‘(ii) If a mandatory minimum sentence exists for a 
charge, the convening authority or another person author-
ized to act under this section may not modify an adjudged
200 
sentence to reduce the sentence to less than the mandatory 
minimum sentence or disapprove, commute, or suspend 
the adjudged mandatory minimum sentence in whole or 
in part. This limitation does not restrict the discretion of 
the convening authority or another person authorized to 
act under this section to modify, disapprove, commute, or 
suspend any portion of the adjudged sentence that is in 
addition to the mandatory minimum sentence. 
‘‘(C) In addition, if a mandatory minimum sentence 
does not exist for a charge and a pre-trial agreement has 
been entered into by the convening authority and the ac-
cused, as authorized by Rule for Court-Martial 705, the 
convening authority or another person authorized to act 
under this section may take action to reduce, dismiss, or 
suspend an adjudged sentence of confinement in whole or 
in part pursuant to the terms of the pre-trial agreement.’’. 
(d) 
EXPLANATION
FOR
ANY
DECISION
DIS-
APPROVING, COMMUTING, OR SUSPENDING COURT-MAR-
TIAL SENTENCE.—Section 860(c)(2) of title 10, United 
States Code (article 60(c)(2) of the Uniform Code of Mili-
tary Justice), as amended by subsection (c)(1), is further 
amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(2)’’; and 
(2) by adding at the end the following new sub-
paragraph:
201 
‘‘(C) If the convening authority or another person au-
thorized to act under this section acts to disapprove, com-
mute, or suspend the sentence in whole or in part, 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.’’. 
(e) CONFORMING AMENDMENT TO OTHER AUTHOR-
ITY
FOR CONVENING AUTHORITY
TO SUSPEND SEN-
TENCE.—Section 871(d) of such title (article 71(d) of the 
Uniform Code of Military Justice) is amended by adding 
at the end the following new sentence: ‘‘Paragraphs (2) 
and (4) of subsection (c) of section 860 of this title (article 
60) shall apply to any decision by the convening authority 
or such person to suspend the execution of any sentence 
or part thereof under this subsection.’’. 
(f) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 180 days after the date of 
the enactment of this Act and shall apply with respect to 
findings and sentences of courts-martial reported to con-
vening authorities under section 860 of title 10, United 
States Code (article 60 of the Uniform Code of Military 
Justice), as amended by this section, on or after that ef-
fective date.
202 
SEC. 532. ELIMINATION OF FIVE-YEAR STATUTE OF LIMITA-
TIONS ON TRIAL BY COURT-MARTIAL FOR AD-
DITIONAL 
OFFENSES 
INVOLVING 
SEX-RE-
LATED CRIMES. 
(a) INCLUSION OF ADDITIONAL OFFENSES.—Section 
843(a) of title 10, United States Code (article 43(a) of 
the Uniform Code of Military Justice) is amended by 
striking ‘‘rape, or rape of a child’’ and inserting ‘‘rape 
or sexual assault, or rape or sexual assault of a child’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
843(b)(2)(B)(i) of title 10, United States Code (article 
43(b)(2)(B)(i) of the Uniform Code of Military Justice) 
is amended by inserting before the period at the end the 
following: ‘‘, unless the offense is covered by subsection 
(a)’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act, and shall apply with respect to an offense cov-
ered by section 920(b) or 920b(b) of title 10, United 
States Code (article 120(b) or 120b(b) of the Uniform 
Code of Military Justice) that is committed on or after 
that date.
203 
SEC. 533. DISCHARGE OR DISMISSAL FOR CERTAIN SEX-RE-
LATED OFFENSES AND TRIAL OF OFFENSES 
BY GENERAL COURTS-MARTIAL. 
(a) MANDATORY DISCHARGE
OR DISMISSAL RE-
QUIRED.— 
(1) IMPOSITION.—Section 856 of title 10, 
United States Code (article 56 of the Uniform Code 
of Military Justice) is amended— 
(A) by inserting ‘‘(a)’’ before ‘‘The punish-
ment’’; and 
(B) by adding at the end the following new 
subsection: 
‘‘(b)(1) While a person subject to this chapter who 
is found guilty of an offense specified in paragraph (2) 
shall be punished as a general court-martial may direct, 
such punishment must include, at a minimum, dismissal 
or dishonorable discharge. 
‘‘(2) Paragraph (1) applies to the following offenses: 
‘‘(A) An offense in violation of subsection (a) or 
(b) of section 920 (article 120(a) or (b)). 
‘‘(B) Forcible sodomy under section 925 of this 
title (article 125). 
‘‘(C) An attempt to commit an offense specified 
in subparagraph (A) or (B) that is punishable under 
section 880 of this title (article 80).’’. 
(2) CLERICAL AMENDMENTS.—
204 
(A) SECTION HEADING.—The heading of 
such section is amended to read as follows: 
‘‘§ 856. Art. 56. Maximum and minimum limits’’. 
(B) TABLE OF SECTIONS.—The table of 
sections at the beginning of subchapter VIII of 
chapter 47 of such title is amended by striking 
the item relating to section 856 and inserting 
the following new item: 
‘‘856. Art 56. Maximum and minimum limits.’’. 
(b) JURISDICTION LIMITED TO GENERAL COURTS- 
MARTIAL.—Section 818 of title 10, United States Code 
(article 18 of the Uniform Code of Military Justice) is 
amended— 
(1) by inserting ‘‘(a)’’ before the first sentence; 
(2) in the third sentence, by striking ‘‘However, 
a general court-martial’’ and inserting the following: 
‘‘(b) A general court-martial’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(c) Consistent with sections 819, 820, and 856(b) 
of this title (articles 19, 20, and 56(b)), only general 
courts-martial have jurisdiction over an offense specified 
in section 856(b)(2) of this title (article 56(b)(2)).’’. 
(c) ADDITIONAL DUTIES FOR INDEPENDENT PAN-
ELS.—
205 
(1) RESPONSE
SYSTEMS
PANEL.—The inde-
pendent panel established by the Secretary of De-
fense under subsection (a)(1) of section 576 of the 
National Defense Authorization Act for Fiscal Year 
2013 (Public Law 112–239; 126 Stat. 1758) shall 
assess the appropriateness of statutorily mandated 
minimum sentencing provisions for additional of-
fenses under the Uniform Code of Military Justice. 
The panel shall include the results of the assessment 
in the report required by subsection (c)(1) of such 
section. 
(2) JUDICIAL PROCEEDINGS PANEL.—The inde-
pendent panel established by the Secretary of De-
fense under subsection (a)(2) of section 576 of the 
National Defense Authorization Act for Fiscal Year 
2013 (Public Law 112–239; 126 Stat. 1758) shall 
assess the implementation and effect of the manda-
tory minimum sentences established by section 
856(b) of title 10, United States Code (article 56(b) 
of the Uniform Code of Military Justice), as added 
by subsection (a) of this section. The panel shall in-
clude the results of the assessment in one of the re-
ports required by subsection (c)(2)(B) of such sec-
tion 576.
206 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 180 days after the date of 
the enactment of this Act, and apply to offenses specified 
in section 856(b)(2) of title 10, United States Code (arti-
cle 56(b)(2) of the Uniform Code of Military Justice), as 
added by subsection (a)(1), committed after that date. 
SEC. 534. REGULATIONS REGARDING CONSIDERATION OF 
APPLICATION FOR PERMANENT CHANGE OF 
STATION OR UNIT TRANSFER BY VICTIMS OF 
SEXUAL ASSAULT. 
Section 673(b) of title 10, United States Code, is 
amended by striking ‘‘The Secretaries of the military de-
partments’’ and inserting ‘‘The Secretary concerned’’. 
SEC. 535. CONSIDERATION OF NEED FOR, AND AUTHORITY 
TO PROVIDE FOR, TEMPORARY ADMINISTRA-
TIVE REASSIGNMENT OR REMOVAL OF A 
MEMBER ON ACTIVE DUTY WHO IS ACCUSED 
OF COMMITTING A SEXUAL ASSAULT OR RE-
LATED OFFENSE. 
(a) IN GENERAL.—Chapter 39 of title 10, United 
States Code, is amended by inserting after section 673 the 
following new section:
207 
‘‘§ 674. Temporary administrative reassignment or re-
moval of a member on active duty ac-
cused of committing a sexual assault or 
related offense 
‘‘(a) GUIDANCE FOR TIMELY CONSIDERATION AND 
ACTION.—The Secretary concerned may provide guidance, 
within guidelines provided by the Secretary of Defense, for 
commanders regarding their authority to make a timely 
determination, and to take action, regarding whether a 
member of the armed forces serving on active duty who 
is alleged to have committed a sexual assault or other sex- 
related offense covered by section 920, 920a, 920b, or 
920c of this title (article 120, 120a, 120b, or 120c of the 
Uniform Code of Military Justice) should be temporarily 
reassigned or removed from a position of authority or as-
signment, not as a punitive measure, but solely for the 
purpose of maintaining good order and discipline within 
the member’s unit. 
‘‘(b) TIME FOR DETERMINATIONS.—A determination 
described in subsection (a) may be made at any time after 
receipt of notification of an unrestricted report of a sexual 
assault or other sex-related offense that identifies the 
member as an alleged perpetrator.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting
208 
after the item relating to section 673 the following new 
item: 
‘‘674. Temporary administrative reassignment or removal of a member on active 
duty accused of committing a sexual assault or related of-
fense.’’. 
(c) ADDITIONAL TRAINING REQUIREMENT FOR COM-
MANDERS.—The Secretary of Defense shall provide for in-
clusion of information and discussion regarding the avail-
ability and use of the authority provided by section 674 
of title 10, United States Code, as added by subsection 
(a), as part of the training for new and prospective com-
manders at all levels of command required by section 
585(b) of the National Defense Authorization Act for Fis-
cal Year 2012 (Public Law 112–81; 10 U.S.C. 1561 note). 
SEC. 536. VICTIMS’ COUNSEL FOR VICTIMS OF SEX-RE-
LATED 
OFFENSES 
AND 
RELATED 
PROVI-
SIONS. 
(a) DESIGNATION AND DUTIES.— 
(1) IN
GENERAL.—Chapter 53 of title 10, 
United States Code, is amended by inserting after 
section 1044d the following new section: 
‘‘§ 1044e. Victims’ Counsel for victims of sex-related 
offenses 
‘‘(a) DESIGNATION; PURPOSES.—The Secretary con-
cerned shall designate legal counsel (to be known as ‘Vic-
tims’ Counsel’) for the purpose of providing legal assist-
ance to an individual eligible for military legal assistance
209 
under section 1044 of this title who is the victim of an 
alleged sex-related offense, regardless of whether the re-
port of that offense is restricted or unrestricted. 
‘‘(b) TYPES OF LEGAL ASSISTANCE AUTHORIZED.— 
The types of legal assistance authorized by subsection (a) 
include the following: 
‘‘(1) Legal consultation regarding potential 
criminal liability of the victim stemming from or in 
relation to the circumstances surrounding the al-
leged sex-related offense and the victim’s right to 
seek military defense services. 
‘‘(2) Legal consultation regarding the Victim 
Witness Assistance Program, including— 
‘‘(A) the rights and benefits afforded the 
victim; 
‘‘(B) the role of the Victim Witness Assist-
ance Program liaison and what privileges do or 
do not exist between the victim and the liaison; 
and 
‘‘(C) the nature of communication made to 
the liaison in comparison to communication 
made to a Victims’ Counsel or a legal assistance 
attorney under section 1044 of this title. 
‘‘(3) Legal consultation regarding the respon-
sibilities and support provided to the victim by the
210 
Sexual Assault Response Coordinator, a unit or in-
stallation Sexual Assault Victim Advocate or domes-
tic abuse advocate, to include any privileges that 
may exist regarding communications between those 
persons and the victim. 
‘‘(4) Legal consultation regarding the potential 
for civil litigation against other parties (other than 
the Department of Defense). 
‘‘(5) Legal consultation regarding the military 
justice system, including— 
‘‘(A) the roles and responsibilities of the 
trial counsel, the defense counsel, and investiga-
tors; 
‘‘(B) any proceedings of the military jus-
tice process in which the victim may observe or 
participate as a witness or other party; 
‘‘(C) the Government’s authority to compel 
cooperation and testimony; and 
‘‘(D) the victim’s responsibility to testify, 
and other duties to the court. 
‘‘(6) Accompanying the victim at any pro-
ceedings in connection with the reporting, military 
investigation, and military prosecution of the alleged 
sex-related offense. 
‘‘(7) Legal consultation regarding—
211 
‘‘(A) services available from appropriate 
agencies or offices for emotional and mental 
health counseling and other medical services; 
‘‘(B) eligibility for and requirements for 
obtaining any available military and veteran 
benefits, such as transitional compensation ben-
efits found in section 1059 of this title and 
other State and Federal victims’ compensation 
programs; and 
‘‘(C) the availability of, and any protec-
tions offered by, civilian and military restrain-
ing orders. 
‘‘(8) Legal consultation and assistance in per-
sonal civil legal matters in accordance with section 
1044 of this title. 
‘‘(9) Such other legal assistance as the Sec-
retary of Defense (or, in the case of the Coast 
Guard, the Secretary of the Department in which 
the Coast Guard is operating) may authorize in the 
regulations prescribed under subsection (g). 
‘‘(c) QUALIFICATIONS.—An individual may not be 
designated as a Victims’ Counsel under this section unless 
the individual— 
‘‘(1) meets the qualifications specified in section 
1044(d)(2) of this title; and
212 
‘‘(2) is certified as competent to be designated 
as a Victims’ Counsel by the Judge Advocate Gen-
eral of the Armed Force in which the judge advocate 
is a member or by which the civilian attorney is em-
ployed. 
‘‘(d) ADMINISTRATIVE RESPONSIBILITY.—(1) Con-
sistent with the regulations prescribed under subsection 
(g), the Judge Advocate General (as defined in section 
801(1) of this title) under the jurisdiction of the Sec-
retary, and within the Marine Corps the Staff Judge Ad-
vocate to the Commandant of the Marine Corps, is respon-
sible for the establishment and supervision of individuals 
designated as Victims’ Counsel. 
‘‘(2) The Secretary of Defense (and, in the case of 
the Coast Guard, the Secretary of the Department in 
which the Coast Guard is operating) shall conduct a peri-
odic evaluation of the Victims’ Counsel programs operated 
under this section. 
‘‘(e) AVAILABILITY OF VICTIMS’ COUNSEL.—(1) An 
individual eligible for military legal assistance under sec-
tion 1044 of this title who is the victim of an alleged sex- 
related offense shall be offered the option of receiving as-
sistance from a Victims’ Counsel upon report of an alleged 
sex-related offense or at the time the victim seeks assist-
ance from a Sexual Assault Response Coordinator, a Sex-
213 
ual Assault Victim Advocate, a military criminal investi-
gator, a victim/witness liaison, a trial counsel, a healthcare 
provider, or any other personnel designated by the Sec-
retary concerned for purposes of this subsection. 
‘‘(2) The assistance of a Victims’ Counsel under this 
subsection shall be available to an individual eligible for 
military legal assistance under section 1044 of this title 
regardless of whether the individual elects unrestricted or 
restricted reporting of the alleged sex-related offense. The 
individual shall also be informed that the assistance of a 
Victims’ Counsel may be declined, in whole or in part, but 
that declining such assistance does not preclude the indi-
vidual from subsequently requesting the assistance of a 
Victims’ Counsel. 
‘‘(f) ALLEGED SEX-RELATED OFFENSE DEFINED.— 
In this section, the term ‘alleged sex-related offense’ 
means any allegation of— 
‘‘(1) a violation of section 920, 920a, 920b, 
920c, or 925 of ths title (article 120, 120a, 120b, 
120c, or 125 of the Uniform Code of Military Jus-
tice); or 
‘‘(2) an attempt to commit an offense specified 
in a paragraph (1) as punishable under section 880 
of this title (article 80 of the Uniform Code of Mili-
tary Justice).
214 
‘‘(g) REGULATIONS.—The Secretary of Defense and 
the Secretary of the Department in which the Coast Guard 
is operating shall prescribe regulations to carry out this 
section.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 1044d 
the following new item: 
‘‘1044e. Victims’ Counsel for victims of sex-related offenses.’’. 
(3) CONFORMING AMENDMENTS.— 
(A) QUALIFICATIONS
OF
PERSONS
PRO-
VIDING
LEGAL
ASSISTANCE.—Section 
1044(d)(2) of such title is amended by inserting 
before the period at the end the following: 
‘‘and, for purposes of service as a Victims’ 
Counsel under section 1044e of this title, meets 
the additional qualifications specified in sub-
section (c)(2) of such section.’’. 
(B) INCLUSION IN DEFINITION OF MILI-
TARY
LEGAL
ASSISTANCE.—Section 
1044(d)(3)(B) of such title is amended by strik-
ing ‘‘and 1044d’’ and inserting ‘‘1044d, 1044e, 
and 1565b(a)(1)(A)’’. 
(C) ACCESS TO LEGAL ASSISTANCE AND 
SERVICES.—Section 1565b(a)(1)(A) of such
215 
title is amended by striking ‘‘section 1044’’ and 
inserting ‘‘sections 1044 and 1044e’’. 
(4) IMPLEMENTATION.—Section 1044e of title 
10, United States Code, as added by paragraph (1), 
shall be implemented within six months after the 
date of the enactment of this Act. 
(b) ENHANCED TRAINING REQUIREMENT.—The Sec-
retary of each military department, and the Secretary of 
Homeland Security with respect to the Coast Guard when 
it is not operating as a service in the Department of the 
Navy, shall implement, consistent with the guidelines pro-
vided under section 1044e of title 10, United States Code, 
as added by subsection (a), in-depth and advanced train-
ing for all military and civilian attorneys providing legal 
assistance under section 1044 or 1044e of such to support 
victims of alleged sex-related offenses. 
(c) SECRETARY OF DEFENSE IMPLEMENTATION RE-
PORT.— 
(1) REPORT
REQUIRED.—Not later than 90 
days after the date of the enactment of this Act, the 
Secretary of Defense, in coordination with the Sec-
retary of Homeland Security with respect to the 
Coast Guard, shall submit to the Committees on 
Armed Services and Commerce, Science, and Trans-
portation of the Senate and the Committees on
216 
Armed Services and Transportation and Infrastruc-
ture of the House of Representatives a report de-
scribing how the Armed Forces will implement the 
requirements of section 1044e of title 10, United 
States Code, as added by subsection (a). 
(2) ADDITIONAL SUBMISSION REQUIREMENT.— 
The report required by paragraph (1) shall also be 
submitted to the independent review panel estab-
lished by the Secretary of Defense under section 
576(a)(1) of the National Defense Authorization Act 
for Fiscal Year 2013 (Public Law 112–239; 126 
Stat. 1758) and to the Joint Services Committee on 
Military Justice. 
(c) ADDITIONAL DUTIES FOR INDEPENDENT PAN-
ELS.— 
(1) RESPONSE
SYSTEMS
PANEL.—The inde-
pendent panel established by the Secretary of De-
fense under subsection (a)(1) of section 576 of the 
National Defense Authorization Act for Fiscal Year 
2013 (Public Law 112–239; 126 Stat. 1758) shall 
conduct an assessment regarding whether the roles, 
responsibilities, and authorities of Victims’ Counsel 
to provide legal assistance under section 1044e of 
title 10, United States Code, as added by subsection 
(a), to victims of alleged sex-related offenses should
217 
be expanded to include legal standing to represent 
the victim during investigative and military justice 
proceedings in connection with the prosecution of 
the offense. The panel shall include the results of 
the assessment in the report required by subsection 
(c)(1) of such section. 
(2) JUDICIAL PROCEEDINGS PANEL.—The inde-
pendent panel established by the Secretary of De-
fense under subsection (a)(2) of section 576 of the 
National Defense Authorization Act for Fiscal Year 
2013 (Public Law 112–239; 126 Stat. 1758) shall 
conduct an assessment of the implementation and 
effect of section 1044e of title 10, United States 
Code, as added by subsection (a), and make such 
recommendations for modification of such section 
1044e as the panel considers appropriate. The panel 
shall include the results of the assessment and its 
recommendations in one of the reports required by 
subsection (c)(2)(B) of such section 576.
218 
SEC. 537. INSPECTOR GENERAL INVESTIGATION OF ALLE-
GATIONS OF RETALIATORY PERSONNEL AC-
TIONS TAKEN IN RESPONSE TO MAKING PRO-
TECTED COMMUNICATIONS REGARDING SEX-
UAL ASSAULT. 
Section 1034(c)(2)(A) of title 10, United States 
Code, is amended by striking ‘‘sexual harassment or’’ and 
inserting ‘‘rape, sexual assault, or other sexual misconduct 
in violation of sections 920 through 920c of this title (arti-
cles 120 through 120c of the Uniform Code of Military 
Justice), sexual harassment, or’’. 
SEC. 538. SECRETARY OF DEFENSE REPORT ON ROLE OF 
COMMANDERS IN MILITARY JUSTICE PROC-
ESS. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and 
the House of Representatives a report containing— 
(1) an assessment of the current role and au-
thorities of commanders in the administration of 
military justice and the investigation, prosecution, 
and adjudication of offenses under the Uniform 
Code of Military Justice; and 
(2) a recommendation by the Secretary of De-
fense regarding whether the role and authorities of 
commanders should be further modified or repealed.
219 
SEC. 539. REVIEW AND POLICY REGARDING DEPARTMENT 
OF DEFENSE INVESTIGATIVE PRACTICES IN 
RESPONSE 
TO 
ALLEGATIONS 
OF 
SEX-RE-
LATED OFFENSES. 
(a) REVIEW.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall conduct a review of the practices of the military 
criminal investigative organizations (Army Criminal Inves-
tigation Command, Naval Criminal Investigative Service, 
and Air Force Office of Special Investigation) regarding 
the investigation of alleged sex-related offenses involving 
members of the Armed Forces, including the extent to 
which the military criminal investigative organizations 
make a recommendation regarding whether an allegation 
of a sex-related offense appears founded or unfounded. 
(b) POLICY.—After conducting the review required by 
subsection (a), the Secretary of Defense shall develop a 
uniform policy for the Armed Forces, to the extent prac-
ticable, regarding the use of case determinations to record 
the results of the investigation of a sex-related offense. 
In developing the policy, the Secretary shall consider the 
feasibility of adopting case determination methods, such 
as the uniform crime report, used by nonmilitary law en-
forcement agencies. 
(c) SEX-RELATED OFFENSE DEFINED.—In this sec-
tion, the term ‘‘sex-related offense’’ includes—
220 
(1) any offense covered by section 920, 920a, 
920b, 920c, or 925 of title 10, United States Code 
(article 120, 120a, 120b, 120c, or 125 of the Uni-
form Code of Military Justice); or 
(2) an attempt to commit an offense specified 
in a paragraph (1) as punishable under section 880 
of such title (article 80 of the Uniform Code of Mili-
tary Justice). 
SEC. 540. UNIFORM TRAINING AND EDUCATION PROGRAMS 
FOR SEXUAL ASSAULT PREVENTION AND RE-
SPONSE PROGRAM. 
Section 585(a) of the National Defense Authorization 
Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 
1434; 10 U.S.C. 1561 note) is amended— 
(1) in paragraph (1)— 
(A) in the first sentence, by striking ‘‘Not 
later than one year after the date of the enact-
ment of this Act, the Secretary of each military 
department shall develop a curriculum to pro-
vide sexual assault prevention and response 
training and education for members of the 
Armed Forces under the jurisdiction of the Sec-
retary and civilian employees of the military de-
partment’’ and inserting ‘‘Not later than June 
30, 2014, the Secretary of Defense shall de-
221 
velop a uniform curriculum to provide sexual 
assault prevention and response training and 
education for members of the Armed Forces 
and civilian employees of the Department of 
Defense’’; and 
(B) in the second sentence, by inserting 
‘‘including lesson plans to achieve core com-
petencies and learning objectives,’’ after ‘‘cur-
riculum,’’; and 
(2) in paragraph (3)— 
(A) by striking ‘‘CONSISTENT TRAINING.— 
The Secretary of Defense shall ensure’’ and in-
serting ‘‘UNIFORM
TRAINING.—The Secretary 
of Defense shall require’’; and 
(B) by striking ‘‘consistent’’ and inserting 
‘‘uniform’’. 
SEC. 541. DEVELOPMENT OF SELECTION CRITERIA FOR AS-
SIGNMENT AS SEXUAL ASSAULT RESPONSE 
AND 
PREVENTION 
PROGRAM 
MANAGERS, 
SEXUAL 
ASSAULT 
RESPONSE 
COORDINA-
TORS, SEXUAL ASSAULT VICTIM ADVOCATES, 
AND SEXUAL ASSAULT NURSE EXAMINERS- 
ADULT/ADOLESCENT. 
(a) QUALIFICATIONS
FOR
ASSIGNMENT.—Section 
1602(e)(2) of the Ike Skelton National Defense Authoriza-
222 
tion Act for Fiscal Year 2011 (Public Law 111–383; 10 
U.S.C. 1561 note; 124 Stat. 4431) is amended— 
(1) by redesignating subparagraph (B) as sub-
paragraph (C); and 
(2) by striking subparagraph (A) and inserting 
the following new subparagraphs: 
‘‘(A) the qualifications necessary for a 
member of the Armed Forces or a civilian em-
ployee of the Department of Defense to be se-
lected for assignment to duty as a Sexual As-
sault Response and Prevention Program Man-
ager, Sexual Assault Response Coordinator, or 
Sexual Assault Victim Advocate, whether as-
signed to such duty on a full-time or part-time 
basis; 
‘‘(B) consistent with section 584(c) of the 
National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112–81; 10 U.S.C. 
1561 note; 125 Stat. 1433), the training, cer-
tification, and status of members of the Armed 
Forces and civilian employees of the department 
assigned to duty as Sexual Assault Response 
and Prevention Program Managers, Sexual As-
sault Response Coordinators, and Sexual As-
223 
sault Victim Advocates for the Armed Forces; 
and’’. 
(b) ASSIGNMENT OF SEXUAL ASSAULT NURSE EX-
AMINERS-ADULT/ADOLESCENT
TO CERTAIN MILITARY 
UNITS.— 
(1) 
ASSIGNMENT
TO
CERTAIN
MILITARY 
UNITS.—Section 584 of the National Defense Au-
thorization Act for Fiscal Year 2012 (Public Law 
112–81; 10 U.S.C. 1561 note) is amended— 
(A) by redesignating subsections (c) and 
(d) as subsections (d) and (e), respectively; and 
(B) by inserting after subsection (b) the 
following new subsection (c): 
‘‘(c) SEXUAL ASSAULT NURSE EXAMINERS-ADULT/ 
ADOLESCENT.— 
‘‘(1) ASSIGNMENT REQUIREMENTS.—The Sec-
retary of each military department shall assign at 
least one Sexual Assault Nurse Examiner-Adult/Ad-
olescent to each brigade or equivalent unit level of 
each armed force under the jurisdiction of that Sec-
retary unless assignment to other units is deter-
mined to be more practicable and effective by the 
Secretary of Defense. The Secretary of the military 
department concerned may assign additional Sexual 
Assault Nurse Examiners-Adult/Adolescent as nec-
224 
essary based on the demographics or needs of a mili-
tary unit. The Secretary of the military department 
concerned may waive the assignment requirement 
for a specific unit level if that Secretary determines 
that compliance will impose an undue burden, except 
that the Secretary shall notify Congress of each 
waiver and explain how compliance would impose an 
undue burden. 
‘‘(2) ELIGIBLE PERSONS.—On and after Octo-
ber 1, 2015, only members of the armed forces and 
civilian employees of the Department of Defense 
may be assigned to duty as a Sexual Assault Nurse 
Examiner-Adult/Adolescent. The Secretary of the 
military department concerned may satisfy para-
graph (1) through the assignment of additional per-
sonnel to a unit or by assigning the duties of a Sex-
ual Assault Nurse Examiner-Adult/Adolescent to 
current personnel of the unit, so long as such per-
sonnel meet the training and certification require-
ments of subsection (d).’’. 
(2) 
TRAINING
AND
CERTIFICATION.—Sub-
section (d) of such section, as redesignated by para-
graph (1)(A), is amended— 
(A) in paragraph (1), by striking ‘‘assigned 
under subsection (a) and Sexual Assault Victim
225 
Advocates assigned under subsection (b)’’ and 
inserting ‘‘, Sexual Assault Victim Advocates, 
and Sexual Assault Nurse Examiners-Adult/Ad-
olescent assigned under this section’’; 
(B) in paragraph (2), by adding at the end 
the following new sentence: ‘‘In the case of the 
curriculum and other components of the pro-
gram for certification of Sexual Assault Nurse 
Examiners-Adult/Adolescent, the Secretary of 
Defense shall utilize the most recent guidelines 
and standards as outlined by the Department of 
Justice, Office on Violence Against Women, in 
the National Training Standards for Sexual As-
sault Medical Forensic Examiners.’’; and 
(C) in paragraph (3), by adding at the end 
the following new sentence: ‘‘On and after Octo-
ber 1, 2015, before a member or civilian em-
ployee may be assigned to duty as a Sexual As-
sault Nurse Examiner-Adult/Adolescent under 
subsection (c), the member or employee must 
have completed the training program required 
by paragraph (1) and obtained the certifi-
cation.’’. 
(c) CONFORMING AMENDMENTS.—Section 584 of the 
National Defense Authorization Act for Fiscal Year 2012
227 
(1) IN GENERAL.—Subchapter I of chapter 47 
of title 10, United States Code (the Uniform Code 
of Military Justice), is amended by adding at the 
end the following new section (article): 
‘‘§ 806b. Art. 6b. Rights of victims of offenses under 
this chapter 
‘‘(a) RIGHTS OF A VICTIM OF A MILITARY CRIME.— 
A victim of a military crime has the following rights: 
‘‘(1) The right to be reasonably protected from 
the accused. 
‘‘(2) The right to reasonable, accurate, and 
timely notice of any public proceeding in an inves-
tigation under section 832 of this title (article 32), 
court-martial, involuntary plea hearing, pre-sen-
tencing hearing, or parole hearing involving the of-
fense or of any release or escape of the accused. 
‘‘(3) The right not to be excluded from any 
such public proceeding, referred to in paragraph (2) 
unless the military judge, after receiving clear and 
convincing evidence, determines that testimony by 
the victim of a military crime would be materially al-
tered if the victim of a military crime heard other 
testimony at that proceeding. 
‘‘(4) The reasonable right to confer with the 
trial counsel in the case.
228 
‘‘(5) The right to full and timely restitution as 
provided in law. 
‘‘(6) The right to proceedings free from unrea-
sonable delay. 
‘‘(7) The right to be treated with fairness and 
with respect for the dignity and privacy of the victim 
of a military crime. 
‘‘(b) DUTY OF MILITARY JUDGE.—In any court-mar-
tial proceeding involving an offense against a victim of a 
military crime, the military judge shall ensure that the vic-
tim of a military crime is afforded the rights described 
in subsection (a). Before making a determination de-
scribed in subsection (a)(3), the military judge shall make 
every effort to permit the fullest attendance possible by 
the victim of a military crime and shall consider reason-
able alternatives to the exclusion of the victim of a military 
crime from the criminal proceeding. The reasons for any 
decision denying relief under this subsection shall be clear-
ly stated on the record. 
‘‘(c) BEST
EFFORTS
REQUIRED.—(1) Military 
judges, trial and defense counsel, military criminal inves-
tigation organizations, services, and personnel, and other 
members and personnel of the Department of Defense en-
gaged in the detection, investigation, or prosecution of of-
fenses under this chapter (the Uniform Code of Military
229 
Justice) shall make their best efforts to see that a victim 
of a military crime is notified of, and accorded, the rights 
described in subsection . 
‘‘(2) The trial counsel in a case shall advise a victim 
of a military crime that the victim of a military crime can 
seek the advice of an attorney with respect to the rights 
described in subsection (a). 
‘‘(3) Notice of release otherwise required pursuant to 
this chapter shall not be given if such notice may endanger 
the safety of any person. 
‘‘(d) VICTIM OF A MILITARY CRIME DEFINED.— 
‘‘(1) DEFINITION.—In this section, the term 
‘victim of a military crime’ means a person who has 
suffered direct physical, emotional, or pecuniary 
harm as a result of the commission of a crime in 
violation of this chapter (the Uniform Code of Mili-
tary Justice) or in violation of the law of another ju-
risdiction if any portion of the investigation of the 
violation of that law was conducted primarily by a 
military criminal investigative organization (Army 
Criminal Investigation Command, Naval Criminal 
Investigative Service, or Air Force Office of Special 
Investigation). The term shall include, at a min-
imum, the following:
230 
‘‘(A) Members of the armed forces and 
their dependents. 
‘‘(B) Civilian employees of the Department 
of Defense and contractor employees stationed 
outside the continental United States and their 
dependents residing with them. 
‘‘(C) Such other individuals as the Sec-
retary of Defense determines should be in-
cluded. 
‘‘(2) TREATMENT
OF
CERTAIN
VICTIMS.—In 
the case of a victim of a military crime who is under 
18 years of age, incompetent, incapacitated, or de-
ceased, the term shall also include an individual act-
ing on behalf of the victim who is (in order of prece-
dence) a spouse, parent, legal guardian, child, sib-
ling, or another dependent of the victim or another 
person designated by the military judge, but in no 
event shall an accused be designated or included.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of subchapter I of chapter 47 
of such title (the Uniform Code of Military Justice) 
is amended by adding at the end the following new 
item: 
‘‘806b. Art. 6b. Victims’ rights of victims of offenses under this chapter.’’. 
(b) PROCEDURES TO PROMOTE COMPLIANCE.—
231 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary of Defense shall recommend to the President 
changes to the Manual for Courts-Martial, and pre-
scribe such other regulations as the Secretary con-
siders appropriate, to implement section 806b of 
title 10, United States Code (article 6b of the Uni-
form Code of Military Justice), as added by sub-
section (a). 
(2) ELEMENTS.—The modifications and regula-
tions issued pursuant to paragraph (1) shall include 
the following: 
(A) The designation of an administrative 
authority within the Department of Defense to 
oversee the implementation of such section 
806(b), and within each Armed Force, an au-
thority to receive and investigate complaints re-
lating to the provision or violation of the rights 
of victims of military crimes. 
(B) A requirement for a course of training 
for judge advocates and other appropriate mem-
bers of the Armed Forces and personnel of the 
Department to promote compliance with and 
implementation of such section 806b and assist
232 
such personnel in responding more effectively to 
the needs of victims of military crimes. 
(C) Disciplinary sanctions for members of 
the Armed Forces and other personnel of the 
Department of Defense, including suspension or 
termination from employment in the case of 
employees of the Department, who willfully or 
wantonly fail to comply with such section 806b. 
(D) Mechanisms to ensure that the Sec-
retary of Defense shall be the final arbiter of a 
complaint authorized pursuant to subparagraph 
(A) by a victim of a military crime that the vic-
tim was not afforded a right under such section 
806b. 
(c) ADDITIONAL DUTY
FOR RESPONSE SYSTEMS 
INDEPENDENT PANEL.—The independent panel estab-
lished by the Secretary of Defense under subsection (a)(1) 
of section 576 of the National Defense Authorization Act 
for Fiscal Year 2013 (Public Law 112–239; 126 Stat. 
1758) shall assess the feasibility and appropriateness of 
extending to victims of military crimes the additional right 
afforded a crime victim in civilian criminal legal pro-
ceedings under subsection (a)(4) of section 3771 of title 
18, United States Code, and the legal standing to seek 
enforcement of crime victim rights provided by subsection
233 
(d) of such section. The panel shall include the results of 
the assessment in the report required by subsection (c)(1) 
of such section. 
SEC. 543. DEFENSE COUNSEL INTERVIEW OF COMPLAINING 
WITNESSES IN PRESENCE OF COUNSEL FOR 
THE COMPLAINING WITNESS OR A SEXUAL 
ASSAULT VICTIM ADVOCATE. 
Section 846 of title 10, United States Code (article 
46 of the Uniform Code of Military Justice), is amended— 
(1) by inserting ‘‘(a) OPPORTUNITY TO OBTAIN 
WITNESSES AND OTHER EVIDENCE.—’’before ‘‘The 
trial counsel’’; 
(2) by striking ‘‘Process issued’’ and inserting 
the following: 
‘‘(c) PROCESS.—Process issued’’; and 
(3) by inserting after subsection (a), as des-
ignated by paragraph (1), the following new sub-
section (b): 
‘‘(b) INTERVIEW OF COMPLAINING WITNESSES BY 
DEFENSE COUNSEL.—(1) Upon notice by trial counsel to 
defense counsel of the name and address of the com-
plaining witness or witnesses trial counsel intends to call 
to testify in any portion of an investigation under section 
832 of this title (article 32) or a court-martial under this
234 
chapter, defense counsel shall make all requests to inter-
view any such complaining witness through trial counsel. 
‘‘(2) If requested by a complaining witness subject 
to a request for interview under paragraph (1), any inter-
view of the witness by defense counsel shall take place only 
in the presence of counsel for the complaining witness or 
a Sexual Assault Victim Advocate. 
‘‘(3) In this subsection, the term ‘complaining wit-
ness’ means a person who has suffered a direct physical, 
emotional, or pecuniary harm as a result of a commission 
of an offense under this chapter (the Uniform Code of 
Military Justice).’’. 
SEC. 544. PARTICIPATION BY COMPLAINING WITNESSES IN 
CLEMENCY 
PHASE 
OF 
COURTS-MARTIAL 
PROCESS. 
Section 860(b) of title 10, United States Code (article 
60(b) of the Uniform Code of Military Justice), is amend-
ed— 
(1) by inserting ‘‘(A)’’ after ‘‘(b)(1)’’; 
(2) by redesignating paragraphs (2), (3), and 
(4) as subparagraphs (B), (C), and (D), respectively, 
and, in such subparagraphs as so redesignated, by 
striking ‘‘paragraph (1)’’ each place it appears and 
inserting ‘‘subparagraph (A)’’; and
235 
(3) by adding at the end the following new 
paragraphs: 
‘‘(2)(A) In any case in which findings and sentence 
have been adjudged for an offense involving a complaining 
witness, the complaining witness shall be provided an op-
portunity to submit matters for consideration by the con-
vening authority or by another person authorized to act 
under this section before the convening authority or such 
other person takes action under this section. Such a sub-
mission shall be made within 10 days after the com-
plaining witness has been given an authenticated record 
of trial and, if applicable, the recommendation of the staff 
judge advocate or legal officer under subsection (d). 
‘‘(B) If a complaining witness shows that additional 
time is required for submission of matters under subpara-
graph (A), the convening authority or other person taking 
action under this section, for good cause, may extend the 
submission period for not more than an additional 20 
days. 
‘‘(C) In this paragraph, the term ‘complaining wit-
ness’ means a person who has suffered a direct physical, 
emotional, or pecuniary harm as a result of a commission 
of an offense under this chapter (the Uniform Code of 
Military Justice).
236 
‘‘(3) The convening authority shall not consider 
under this section any submitted matters that go to the 
character of a complaining witness unless such matters 
were presented at the trial.’’. 
SEC. 545. EIGHT-DAY INCIDENT REPORTING REQUIREMENT 
IN RESPONSE TO UNRESTRICTED REPORT OF 
SEXUAL ASSAULT IN WHICH THE VICTIM IS A 
MEMBER OF THE ARMED FORCES. 
(a) INCIDENT REPORTING POLICY REQUIREMENT.— 
The Secretary of Defense and the Secretary of the Depart-
ment in which the Coast Guard is operating shall establish 
and maintain a policy to require the submission by a des-
ignated person of a written incident report not later than 
eight days after an unrestricted report of sexual assault 
has been made in which a member of the Armed Forces 
is the victim. At a minimum, this incident report shall be 
provided to the following: 
(1) The installation commander, if such inci-
dent occurred on or in the vicinity of a military in-
stallation. 
(2) The first officer in the grade of 0–6 in the 
chain of command of the victim. 
(3) The first general officer or flag officer in 
the chain of command of the victim.
237 
(b) PURPOSE OF THE REPORT.—The purpose of the 
required incident report under subsection (a) is to detail 
the actions taken or in progress to provide the necessary 
care and support to the victim of the assault, to refer the 
allegation of sexual assault to the appropriate investiga-
tory agency, and to provide initial notification of the seri-
ous incident when that notification has not already taken 
place. 
(c) ELEMENTS OF REPORT.— 
(1) IN GENERAL.—The report of an incident 
under subsection (a) shall include, at a minimum, 
the following: 
(A) Time/Date/Location of incident. 
(B) Type of offense allegation. 
(C) Service affiliation, assigned unit, and 
location of the victim. 
(D) Service affiliation, assigned unit, and 
location of the alleged offender, including infor-
mation regarding whether the alleged offender 
has been temporarily transferred or removed 
from an assigned billet or ordered to pretrial 
confinement or otherwise restricted, if applica-
ble. 
(E) Post-incident actions taken in connec-
tion with the incident, including the following:
238 
(i) Referral of the victim to medical 
services and all other services available for 
members of the Armed Forces who are vic-
tims of sexual assault, including the date 
of each such referral. 
(ii) Receipt and processing status of a 
request for expedited victim transfer, if ap-
plicable. 
(iii) Notification of incident to appro-
priate investigatory offices, including the 
organization notified and date of such noti-
fication. 
(iv) Issuance of any military protec-
tive orders in connection with the incident. 
(2) MODIFICATION.— 
(A) IN GENERAL.—The Secretary of De-
fense may modify the elements required in a re-
port under this section regarding an incident 
involving a member of the Armed Forces (in-
cluding the Coast Guard when it is operating as 
service in the Department of the Navy) if the 
Secretary determines that such modification 
will facilitate compliance with best practices for 
such reporting as identified by the Sexual As-
239 
sault Prevention and Response Office of the 
Department of Defense. 
(B) COAST GUARD.—The Secretary of the 
Department in which the Coast Guard is oper-
ating may modify the elements required in a re-
port under this section regarding an incident 
involving a member of the Coast Guard if the 
Secretary determines that such modification 
will facilitate compliance with best practices for 
such reporting as identified by the Coast Guard 
Office of Work-Life Programs. 
(3) FOR OFFICIAL USE ONLY.—A report under 
this section shall be intended for official use only 
and shall not be distributed beyond the requirements 
listed above. 
(d) REGULATIONS.—Not later than 180 days after 
enactment, The Secretary of Defense and the Secretary 
of the Department in which the Coast Guard is operating 
shall prescribe regulations to carry out this section.
240 
SEC. 546. AMENDMENT TO MANUAL FOR COURTS-MARTIAL 
TO ELIMINATE CONSIDERATIONS RELATING 
TO CHARACTER AND MILITARY SERVICE OF 
ACCUSED IN INITIAL DISPOSITION OF SEX- 
RELATED OFFENSES. 
(a) AMENDMENT REQUIRED.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the President a proposed 
amendment to rule 306 of the Manual for Courts-Martial 
(relating to policy on initial disposition of offenses) to 
eliminate the character and military service of the accused 
from the list of factors that may be considered by the dis-
position authority in disposing of a sex-related offense. 
(b) SEX-RELATED OFFENSE DEFINED.—In this sec-
tion, a ‘‘sex-related offense’’ includes— 
(1) any offense covered by section 920, 920a, 
920b, 920c, or 925 of title 10, United States Code 
(article 120, 120a, 120b, 120c, or 125 of the Uni-
form Code of Military Justice); or 
(2) an attempt to commit an offense specified 
in a paragraph (1) as punishable under section 880 
of such title (article 80 of the Uniform Code of Mili-
tary Justice).
241 
SEC. 547. INCLUSION OF LETTER OF REPRIMANDS, NON-
PUNITIVE LETTER OF REPRIMANDS AND 
COUNSELING STATEMENTS. 
(a) INCLUSION IN PERFORMANCE EVALUATION RE-
PORTS.—The Secretary of Defense shall require com-
manders to include letter of reprimands, nonpunitive letter 
of actions and counseling statements involving substan-
tiated cases of sexual harassment or sexual assault in the 
performance evaluation report of a member of the Armed 
Forces for the purpose of— 
(1) providing commanders increased visibility of 
the background information of members of the unit; 
(2) identifying and preventing trends of bad be-
havior early and effectively disciplining repeated ac-
tions which hinder units from fostering a healthy cli-
mate; and 
(3) preventing the transfer of sexual offenders. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘sexual harassment’’ has the 
meaning given such term in Department of Defense 
Directive 1350.2, Department of Defense Military 
Equal Opportunity Program. 
(2) The term ‘‘sexual assault’’ means any of the 
offenses described in section 920 of title 10, United 
States Code (article 120 of the Uniform Code of 
Military Justice).
242 
SEC. 548. ENHANCED PROTECTIONS FOR PROSPECTIVE 
MEMBERS 
AND 
NEW 
MEMBERS 
OF 
THE 
ARMED 
FORCES 
DURING 
ENTRY-LEVEL 
PROCESSING AND TRAINING. 
(a) DEFINING INAPPROPRIATE AND PROHIBITED RE-
LATIONSHIPS, COMMUNICATION, CONDUCT, AND CONTACT 
BETWEEN CERTAIN MEMBERS.— 
(1) POLICY REQUIRED.—The Secretary of De-
fense and the Secretary of the Department in which 
the Coast Guard is operating shall establish and 
maintain a policy to uniformly define and prescribe, 
for the persons described in paragraph (2), what 
constitutes an inappropriate and prohibited relation-
ship, communication, conduct, or contact, including 
when such an action is consensual, between a mem-
ber of the Armed Forces described in paragraph 
(2)(A) and a prospective member or member of the 
Armed Forces described in paragraph (2)(B). 
(2) COVERED MEMBERS.—The policy required 
by paragraph (1) shall apply to— 
(A) a member of the Armed Forces who is 
superior in rank to, exercises authority or con-
trol over, or supervises a person described in 
subparagraph (B) during the entry-level proc-
essing or training of the person; and
243 
(B) a prospective member of the Armed 
Forces or a member of the Armed Forces un-
dergoing entry-level processing or training. 
(3) INCLUSION
OF
CERTAIN
MEMBERS
RE-
QUIRED.—The members of the Armed Forces cov-
ered by paragraph (2)(A) shall include, at a min-
imum, military personnel assigned or attached to 
duty— 
(A) for the purpose of recruiting or assess-
ing persons for enlistment or appointment as a 
commissioned officer, warrant officer, or en-
listed member of the Armed Forces; 
(B) at a Military Entrance Processing Sta-
tion; or 
(C) at an entry-level training facility or 
school of an Armed Force. 
(b) EFFECT
OF VIOLATIONS.—A member of the 
Armed Forces who violates the policy established pursuant 
to subsection (a) shall be subject to prosecution under the 
Uniform Code of Military Justice. 
(c) PROCESSING
FOR
ADMINISTRATIVE
SEPARA-
TION.— 
(1) IN GENERAL.—(A) The Secretary of De-
fense and the Secretary of the Department in which 
the Coast Guard is operating shall require the proc-
244 
essing for administrative separation of any member 
of the Armed Forces described in subsection 
(a)(2)(A) in response to the first substantiated viola-
tion by the member of the policy established pursu-
ant to subsection (a), when the member is not other-
wise punitively discharged or dismissed from the 
Armed Forces for that violation. 
(B) The Secretary of each military department 
shall revise regulations applicable to the Armed 
Forces under the jurisdiction of the Secretary as 
necessary to ensure compliance with the requirement 
under subparagraph (A). 
(2) REQUIRED
ELEMENTS.—(A) In imposing 
the requirement under paragraph (1), the Secre-
taries shall ensure that any separation decision re-
garding a member of the Armed Forces is based on 
the full facts of the case and that due process proce-
dures are provided under existing law or regulations 
or additionally prescribed, as considered necessary 
by the Secretaries, pursuant to subsection (f). 
(B) The requirement imposed by paragraph (1) 
shall not be interpreted to limit or alter the author-
ity of the Secretary of a military department and the 
Secretary of the Department in which the Coast
245 
Guard is operating to process members of the 
Armed Forces for administrative separation— 
(i) for reasons other than a substantiated 
violation of the policy established pursuant to 
subsection (a); or 
(ii) under other provisions of law or regula-
tion. 
(3) SUBSTANTIATED VIOLATION.—For purposes 
of paragraph (1), a violation by a member of the 
Armed Forces described in subsection (a)(2)(A) of 
the policy established pursuant to subsection (a) 
shall be treated as substantiated if— 
(A) there has been a court-martial convic-
tion for violation of the policy, but the adjudged 
sentence does not include discharge or dis-
missal; or 
(B) a nonjudicial punishment authority 
under section 815 of title 10, United States 
Code (article 15 of the Uniform Code of Mili-
tary Justice) has determined that a member 
has committed an offense in violation of the 
policy and imposed nonjudicial punishment 
upon the member. 
(d) PROPOSED UNIFORM CODE OF MILITARY JUS-
TICE PUNITIVE ARTICLE.—Not later than one year after
246 
the date of the enactment of this Act, the Secretary of 
Defense shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives— 
(1) a proposed amendment to chapter 47 of 
title 10, United States Code (the Uniform Code of 
Military Justice) to create an additional article 
under subchapter X of such chapter regarding viola-
tions of the policy required by subsection (a); and 
(2) the conforming changes to part IV, punitive 
articles, in the Manual for Courts-Martial that will 
be necessary upon adoption of such article. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘entry-level processing or train-
ing’’, with respect to a member of the Armed forces, 
means the period beginning on the date on which the 
member became a member of the Armed Forces and 
ending on the date on which the member physically 
arrives at that member’s first duty assignment fol-
lowing completion of initial entry training (or its 
equivalent), as defined by the Secretary of the mili-
tary department concerned or the Secretary of the 
Department in which the Coast Guard is operating. 
(2) The term ‘‘prospective member of the 
Armed Forces’’ means a person who has had a face- 
to-face meeting with a member of the Armed Forces
247 
assigned or attached to duty described in subsection 
(a)(3)(A) regarding becoming a member of the 
Armed Forces, regardless of whether the person 
eventually becomes a member of the Armed Forces. 
(f) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Defense and the Secretary of the Department in which 
the Coast Guard is operating shall issue such regulations 
as may be necessary to carry out this section. The Sec-
retary of Defense shall ensure that, to the extent prac-
ticable, the regulations are uniform for each armed force 
under the jurisdiction of that Secretary. 
SEC. 549. INDEPENDENT REVIEWS AND ASSESSMENTS OF 
UNIFORM CODE OF MILITARY JUSTICE AND 
JUDICIAL 
PROCEEDINGS 
OF 
SEXUAL 
AS-
SAULT CASES. 
(a) ADDITIONAL DUTIES FOR RESPONSE SYSTEMS 
PANEL REGARDING DISPOSITION AUTHORITY.— 
(1) IN GENERAL.—The independent panel es-
tablished by the Secretary of Defense under sub-
section (a)(1) of section 576 of the National Defense 
Authorization Act for Fiscal Year 2013 (Public Law 
112–239; 126 Stat. 1758) shall— 
(A) conduct an assessment of the impact, 
if any, that removing from the chain of com-
248 
mand any disposition authority regarding 
charges preferred under the Uniform Code of 
Military Justice would have on overall reporting 
and prosecution of sexual assault cases; and 
(B) review and provide comment on the re-
port of the Secretary of Defense on the role of 
military commanders in the military justice 
process, which is required pursuant to section 
538 of this Act. 
(2) SUBMISSION OF RESULTS.—The panel shall 
include the results of the assessment and review and 
its recommendations and comments in the report re-
quired by subsection (c)(1) of such section 576, as 
amended by subsection (b) of this section. 
(b) EARLIER SUBMISSION DEADLINE FOR REPORT 
OF THE RESPONSE SYSTEMS PANEL.—Subsection (c) of 
section 576 of the National Defense Authorization Act for 
Fiscal Year 2013 (Public Law 112–239; 126 Stat. 1758) 
is amended by striking paragraph (1) and inserting the 
following new paragraph: 
‘‘(1) RESPONSE
SYSTEMS
PANEL.—Not later 
than one year after the date of the first meeting of 
the panel established under subsection (a)(1), the 
panel shall submit a report of its findings and rec-
ommendations, through the Secretary of Defense, to
249 
the Committees on Armed Services of the Senate 
and the House of Representatives. The panel shall 
terminate 30 days after submission of such report.’’. 
(c) ADDITIONAL DUTY
FOR RESPONSE SYSTEMS 
PANEL REGARDING INSTANCES OF MEMBERS’ ABUSING 
CHAIN OF COMMAND POSITION TO GAIN ACCESS TO OR 
COERCE ANOTHER PERSON FOR A SEX-RELATED OF-
FENSE.— 
(1) IN GENERAL.—The independent panel es-
tablished by the Secretary of Defense under sub-
section (a)(1) of section 576 of the National Defense 
Authorization Act for Fiscal Year 2013 (Public Law 
112–239; 126 Stat. 1758) shall conduct an assess-
ment of instances in the Armed Forces in which a 
member of the Armed Forces has committing a sex-
ual act upon another person by abusing one’s posi-
tion in the chain of command of the other person to 
gain access to or coerce the other person. 
(2) SUBMISSION OF RESULTS.—The panel shall 
include the results of the assessment and its rec-
ommendations and comments in the report required 
by subsection (c)(1) of such section 576, as amended 
by subsection (b) of this section. 
(d) ADDITIONAL DUTY FOR JUDICIAL PROCEEDINGS 
PANEL REGARDING ADDITIONAL REVISION OF DEFINI-
250 
TION OF ARTICLE 120 SEX-RELATED OFFENSES.—The 
independent panel established by the Secretary of Defense 
under subsection (a)(2) of section 576 of the National De-
fense Authorization Act for Fiscal Year 2013 (Public Law 
112–239; 126 Stat. 1758) shall assess the likely con-
sequences of amending of definition of rape and sexual 
assault under article 120 of the Uniform Code of Military 
Justice to expressly cover a situation in which a person 
subject to the Uniform Code of Military Justice commits 
a sexual act upon another person by abusing one’s position 
in the chain of command of the other person to gain access 
to or coerce the other person. The panel shall include the 
results of the assessment in one of the reports required 
by subsection (c)(2)(B) of such section 576. 
SEC. 550. REVIEW OF THE OFFICE OF DIVERSITY MANAGE-
MENT AND EQUAL OPPORTUNITY ROLE IN 
SEXUAL HARASSMENT CASES. 
(a) REVIEW REQUIRED.—The Secretary of Defense 
shall conduct a review of the Office of Diversity Manage-
ment and Equal Opportunity for the purposes specified 
in subsection (b). 
(b) ELEMENTS OF STUDY.—In conducting the review 
under subsection (a), the Secretary of Defense shall— 
(1) identify and evaluate the resource and per-
sonnel gaps in the Office;
251 
(2) identify and evaluate the role of the Office 
in sexual harassment cases; and 
(3) evaluate how the Office works with the Sex-
ual Assault Prevention and Response Office to ad-
dress sexual harassment in the Armed Forces. 
(c) DEFINITION.—In this section, the term ‘‘sexual 
harassment’’ has the meaning given such term in Depart-
ment of Defense Directive 1350.2, Department of Defense 
Military Equal Opportunity Program. 
SEC. 550A. DISCHARGE OR DISMISSAL, AND CONFINEMENT 
REQUIRED FOR CERTAIN SEX-RELATED OF-
FENSES COMMITTED BY MEMBERS OF THE 
ARMED FORCES. 
(a) MANDATORY PUNISHMENTS.— 
(1) IMPOSITION.—Section 856 of title 10, 
United States Code (article 56 of the Uniform Code 
of Military Justice) is amended— 
(A) by inserting ‘‘(a)’’ before ‘‘The punish-
ment’’; and 
(B) by adding at the end the following new 
subsection: 
‘‘(b)(1) While a person subject to this chapter who 
is found guilty of an offense specified in paragraph (2) 
shall be punished as a general court-martial may direct, 
such punishment must include, at a minimum—
252 
‘‘(A) dismissal or dishonorable discharge; and 
‘‘(B) confinement for two years. 
‘‘(2) Paragraph (1) applies to the following offenses: 
‘‘(A) An offense in violation of subsection (a) or 
(b) of section 920 (article 120(a) or (b)). 
‘‘(B) Forcible sodomy under section 925 of this 
title (article 125). 
‘‘(C) An attempt to commit an offense specified 
in subparagraph (A) or (B) that is punishable under 
section 880 of this title (article 80).’’. 
(2) CLERICAL AMENDMENTS.— 
(A) SECTION HEADING.—The heading of 
such section is amended to read as follows: 
‘‘§ 856. Art. 56. Maximum and minimum limits’’. 
(B) TABLE OF SECTIONS.—The table of 
sections at the beginning of subchapter VIII of 
chapter 47 of such title is amended by striking 
the item relating to section 856 and inserting 
the following new item: 
‘‘856. Art 56. Maximum and minimum limits.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 180 days after the date of 
the enactment of this Act, and apply to offenses specified 
in section 856(b)(2) of title 10, United States Code (arti-
cle 56(b)(2) of the Uniform Code of Military Justice), as 
added by subsection (a)(1), committed after that date.
253 
SEC. 550B. 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.— 
(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.
254 
(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. 
(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
255 
the Secretary, through other departments and agencies, 
including State and local agencies, and other sources. 
SEC. 550C. MILITARY HAZING PREVENTION OVERSIGHT 
PANEL. 
(a) ESTABLISHMENT.—There is established a panel 
to be known as the Military Hazing Prevention Oversight 
Panel (in this section referred to as the ‘‘Panel’’). 
(b) MEMBERSHIP.—The Panel shall be composed of 
the following members: 
(1) The Secretary of the Army or the Sec-
retary’s designee. 
(2) The Secretary of the Navy or the Sec-
retary’s designee. 
(3) The Secretary of the Air Force or the Sec-
retary’s designee. 
(4) The Secretary of Homeland Security (with 
respect to the Coast Guard) or the Secretary’s des-
ignee. 
(5) Members appointed by the Secretary of De-
fense from among individuals who are not officers or 
employees of any government and who have exper-
tise in advocating for— 
(A) women; 
(B) racial or ethnic minorities; 
(C) religious minorities; or
256 
(D) gay, lesbian, bisexual, or transgender 
individuals. 
(c) DUTIES.—The Panel shall— 
(1) make recommendations to the Secretary 
concerned (as defined in section 101(a)(9) of title 
10, United States Code) on the development of the 
policies, programs, and procedures to prevent and 
respond to hazing in the Armed Forces; and 
(2) monitor any policies, programs, and proce-
dures in place to prevent and respond to hazing in 
the Armed Forces and make recommendations to the 
Secretary concerned on ways to improve such poli-
cies, programs, and procedures. 
(d) INITIAL MEETING.—Not later than 180 days 
after the date of the enactment of this Act, the Panel shall 
hold its initial meeting. 
(e) MEETINGS.—The Panel shall meet not less than 
annually. 
SEC. 550D. PREVENTION OF SEXUAL ASSAULT AT MILITARY 
SERVICE ACADEMIES. 
The Secretary of Defense shall ensure that each of 
the military service academies adds a section in the ethics 
curricula of such academies that outlines honor, respect, 
and character development as such pertain to the issue 
of preventing sexual assault in the Armed Forces. Such
257 
curricula shall include a brief history of the problem of 
sexual assault in the Armed Forces, a definition of sexual 
assault, information relating to reporting a sexual assault, 
victims’ rights, and dismissal and dishonorable discharge 
for offenders. Such ethics training shall be provided within 
60 days after the initial arrival of a new cadet or mid-
shipman at a military services academy and repeated in 
annual ethics training requirements. 
SEC. 550E. ENSURING AWARENESS OF POLICY TO IN-
STRUCT VICTIMS OF SEXUAL ASSAULT SEEK-
ING SECURITY CLEARANCE TO ANSWER ‘‘NO’’ 
TO QUESTION 21. 
(a) ENSURING AWARENESS OF POLICY.—The Sec-
retary of Defense shall inform members of the United 
States Armed Forces of the policy described in subsection 
(b)— 
(1) at the earliest time possible, such as upon 
enlistment and commissioning; and 
(2) during sexual assault awareness training 
and service member interactions with sexual assault 
response coordinators. 
(b) POLICY DESCRIBED.—The policy described in 
this subsection is the policy of instructing an individual 
to answer ‘‘no’’ to question 21 of Standard Form 86 of
258 
the Questionnaire for National Security Positions with re-
spect to consultation with a health care professional if— 
(1) the individual is a victim of a sexual as-
sault; and 
(2) the consultation occurred with respect to an 
emotional or mental health condition strictly in rela-
tion to the sexual assault. 
SEC. 550F. REPORT ON POLICIES AND REGULATIONS RE-
GARDING SERVICE MEMBERS LIVING WITH 
OR AT RISK OF CONTRACTING HIV. 
(a) REPORT TO CONGRESS.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to Congress and make publicly 
available a report on the use of the Uniform Code of Mili-
tary Justice, the Manual for Courts-Martial, and related 
policies, punitive articles, and regulations with regard to 
service members living with or at risk of contracting HIV. 
(b) CONTENTS.—The report shall include the fol-
lowing: 
(1) An assessment of whether the Uniform 
Code of Military Justice, the Manual for Courts- 
Martial, and related policies, punitive articles, and 
regulations are exercised in a way that demonstrates 
an evidence-based, medically accurate understanding 
of—
259 
(A) the multiple factors that lead to HIV 
transmission; 
(B) the relative risk of HIV transmission 
routes; 
(C) the associated benefits of treatment 
and support services for people living with HIV; 
and 
(D) the impact of HIV-specific policies and 
regulations on public health and on people liv-
ing with or at risk of contracting HIV. 
(2) A review of court-martial decisions in recent 
years preceding the date of enactment of this Act. 
(3) Recommendations for adjustments to the 
Uniform Code of Military Justice, the Manual for 
Courts-Martial, and related policies, punitive arti-
cles, and regulations, as may be necessary, in order 
to ensure that policies and regulations regarding 
service members living with or at risk of contracting 
HIV are in accordance with a contemporary under-
standing of HIV transmission routes and associated 
benefits of treatment. 
(c) DEFINITION OF HIV.—In this section, the term 
‘‘HIV’’ means infection with the human immunodeficiency 
virus.
260 
SEC. 550G. ADDITIONAL MODIFICATION OF ANNUAL DE-
PARTMENT OF DEFENSE REPORTING RE-
QUIREMENTS REGARDING SEXUAL ASSAULTS 
AND PREVENTION AND RESPONSE PROGRAM. 
(a) ADDITIONAL ELEMENTS OF EACH REPORT.— 
Section 1631(b) of the Ike Skelton National Defense Au-
thorization 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 paragraphs: 
‘‘(11) A description of the implementation of 
the comprehensive policy on the retention of and ac-
cess to evidence and records relating to sexual as-
saults involving members of the Armed Forces re-
quired to comply with section 586 of the National 
Defense Authorization Act for Fiscal Year 2012 
(Public Law 112–81; 125 Stat. 1434; 10 U.S.C. 
1561 note). 
‘‘(12) The policies, procedures, and processes 
implemented by the Secretary concerned to ensure 
detailed evidence and records are transmitted to the 
Department of Veterans Affairs, including medical 
records of sexual assault victims that accurately and 
completely describe the physical and emotional inju-
ries resulting from a sexual trauma that occurred 
during active duty service.’’.
261 
(b) APPLICATION OF AMENDMENTS.—The amend-
ment 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, 2014, 
under section 1631 of the Ike Skelton National Defense 
Authorization Act for Fiscal Year 2011. 
Subtitle E—Military Family 
Readiness 
SEC. 551. DEPARTMENT OF DEFENSE RECOGNITION OF 
SPOUSES 
OF 
MEMBERS 
OF 
THE 
ARMED 
FORCES WHO SERVE IN COMBAT ZONES. 
(a) ESTABLISHMENT AND PRESENTATION OF LAPEL 
BUTTONS.—Chapter 57 of title 10, United States Code, 
is amended by inserting after section 1126 the following 
new section: 
‘‘§ 1126a. Spouse-of-a-combat-veteran lapel button: 
eligibility and presentation 
‘‘(a) DESIGN AND ELIGIBILITY.—A lapel button, to 
be known as the spouse-of-a-combat-veteran lapel button, 
shall be designed, as approved by the Secretary of De-
fense, to identify and recognize the spouse of a member 
of the armed forces who is serving or has served in a com-
bat zone for a period of more than 30 days. 
‘‘(b) PRESENTATION.—The Secretary concerned may 
authorize the use of appropriated funds to procure spouse-
262 
of-a-combat-veteran lapel buttons and to provide for their 
presentation to eligible spouses of members. 
‘‘(c) EXCEPTION TO TIME-PERIOD REQUIREMENT.— 
The 30-day period specified in subsection (a) does not 
apply if the member is killed or wounded in the combat 
zone before the expiration the period. 
‘‘(d) LICENSE TO MANUFACTURE AND SELL LAPEL 
BUTTONS.—Section 901(c) of title 36 shall apply with re-
spect to the spouse-of-a-combat-veteran lapel button au-
thorized by this section. 
‘‘(e) COMBAT ZONE DEFINED.—In this section, the 
term ‘combat zone’ has the meaning given that term in 
section 112(c)(2) of the Internal Revenue Code of 1986. 
‘‘(f) REGULATIONS.—The Secretary of Defense shall 
issue such regulations as may be necessary to carry out 
this section. The Secretary shall ensure that the regula-
tions are uniform for each armed force to the extent prac-
ticable.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 1126 the following new 
item: 
‘‘1126a. Spouse-of-a-combat-veteran lapel button: eligibility and presentation.’’. 
(c) SENSE OF CONGRESS REGARDING IMPLEMENTA-
TION.—It is the sense of Congress that, as soon as prac-
263 
ticable once the spouse-of-a-combat-veteran lapel button 
becomes available, the Secretary of Defense should— 
(1) widely announce the availability of spouse- 
of-a-combat-veteran lapel buttons through military 
and public information channels; and 
(2) encourage commanders at all levels to con-
duct ceremonies recognizing the support provided by 
spouses of members of the Armed Forces and to use 
the ceremonies as an opportunity for members to 
present their spouses with a spouse-of-a-combat-vet-
eran lapel button. 
SEC. 552. 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 
of the servicemember from deployment, the custody order
264 
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) LIMITATION ON CONSIDERATION OF MEMBER’S 
DEPLOYMENT IN DETERMINATION OF CHILD’S BEST IN-
TEREST.—If a motion or a petition is filed seeking a per-
manent order to modify the custody of the child of a serv-
icemember, no court may consider the absence of the serv-
icemember by reason of deployment, or the possibility of 
deployment, as the sole factor in determining the best in-
terest 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.
265 
‘‘(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 540 days 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. 553. 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
266 
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—
267 
‘‘(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.’’.
268 
SEC. 554. FAMILY SUPPORT PROGRAMS FOR IMMEDIATE 
FAMILY MEMBERS OF MEMBERS OF THE 
ARMED FORCES ASSIGNED TO SPECIAL OP-
ERATIONS FORCES. 
(a) PILOT
PROGRAMS
AUTHORIZED.—Consistent 
with such regulations as the Secretary of Defense may 
prescribe to carry out this section, the Commander of the 
United States Special Operations Command may conduct 
up to three pilot programs to assess the feasibility and 
benefits of providing family support activities for the im-
mediate family members of members of the Armed Forces 
assigned to special operations forces. 
(b) SELECTION OF PROGRAMS.—In selecting the pilot 
programs to be conducted under subsection (a), the Com-
mander shall— 
(1) identify family support activities that have 
a direct and concrete impact on the readiness of spe-
cial operations forces, but that are not being pro-
vided to the immediate family members of members 
of the Armed Forces assigned to special operations 
forces by the Secretary of a military department; 
and 
(2) conduct a cost-benefit analysis of each fam-
ily support activity proposed to be included in a pilot 
program.
270 
mander shall submit to the congressional defense commit-
tees a report describing the results of the pilot program. 
SEC. 555. TRANSITION OF MEMBERS OF THE ARMED 
FORCES AND THEIR FAMILIES FROM MILI-
TARY TO CIVILIAN LIFE. 
(a) FINDINGS.—The Congress finds the following: 
(1) Members of the Armed Forces and their 
families make great sacrifices on behalf of the 
United States, and, when their active duty service is 
successfully concluded, members deserve the oppor-
tunity to also make a successful transition to the ci-
vilian labor force. 
(2) When transitioning from active duty in the 
Armed Forces to civilian employment, members 
often face barriers that make it difficult to fully uti-
lize the skills and training they gained during their 
military service. 
(3) Members and veterans are too often re-
quired to repeat education or training in order to re-
ceive industry certifications and State occupational 
licenses, even though their military training and ex-
perience often overlaps with the certification or li-
censing requirements. 
(4) When members are transferred from mili-
tary assignment to military assignment, their
271 
spouses often face barriers to transferring their cre-
dentials and to securing employment in their new lo-
cation. 
(5) More than one million members will make 
the transition to civilian life in the coming years. 
(6) The Department of Defense established the 
Military Credentialing and Licensing Task Force in 
2012. 
(7) The Joining Forces program, a national ini-
tiative to mobilize all sectors of society to give mem-
bers of the Armed Forces and their families the op-
portunities and support they have earned, will make 
it easier for members and their families to transfer 
skills learned while the member was serving in the 
Armed Forces to civilian employment. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the Federal Government and State govern-
ments should make the transition of a member of 
the Armed Forces and the member’s spouse from 
military to civilian life as seamless as possible by 
creating opportunities for the member and spouse to 
earn, while the member is in the Armed Forces, ci-
vilian occupational credentials and licenses, with an 
emphasis on well-paying industries and occupations
272 
that have a high demand for skilled workers, includ-
ing: manufacturing, information technology, trans-
portation and logistics, health care, and emergency 
medical services; 
(2) the Federal Government should assist State 
governments in translating military training and ex-
perience into credit towards professional licensure; 
and 
(3) State governments should streamline ap-
proaches for assessing the equivalency of military 
training and experience, and accelerate occupational 
licensing processes for members, veterans, and their 
spouses. 
SEC. 556. MORTGAGE PROTECTION FOR MEMBERS OF THE 
ARMED FORCES, SURVIVING SPOUSES, AND 
CERTAIN VETERANS AND OTHER IMPROVE-
MENTS TO THE SERVICEMEMBERS CIVIL RE-
LIEF ACT. 
(a) MEMBERS OF THE ARMED FORCES, SURVIVING 
SPOUSES, AND CERTAIN DISABLED VETERANS.— 
(1) 
IN
GENERAL.—Title 
III 
of 
the 
Servicemembers Civil Relief Act (50 U.S.C. App. 
501 et seq.) is amended by inserting after section 
303A, as added by section 553, the following new 
section:
273 
‘‘SEC. 303B. MORTGAGES AND TRUST DEEDS OF CERTAIN 
SERVICEMEMBERS, 
SURVIVING 
SPOUSES, 
AND DISABLED VETERANS. 
‘‘(a) MORTGAGE AS SECURITY.—This section applies 
only to an obligation on real or personal property owned 
by a covered individual that— 
‘‘(1) originated at any time and for which the 
covered individual is still obligated; and 
‘‘(2) is secured by a mortgage, trust deed, or 
other security in the nature of a mortgage. 
‘‘(b) STAY OF PROCEEDINGS.— 
‘‘(1) IN
GENERAL.—In accordance with sub-
section (d)(1), in a judicial action pending or in a 
nonjudicial action commenced during a covered time 
period to enforce an obligation described in sub-
section (a), a court— 
‘‘(A) may, after a hearing and on its own 
motion, stay the proceedings until the end of 
the covered time period; and 
‘‘(B) shall, upon application by a covered 
individual, stay the proceedings until the end of 
the covered time period. 
‘‘(2) OBLIGATION
TO
STOP
PROCEEDINGS.— 
Upon receipt of notice provided under subsection 
(d)(1), a mortgagee, trustee, or other creditor seek-
ing to foreclose on real property secured by an obli-
274 
gation covered by this section using any judicial or 
nonjudicial proceedings shall immediately stop any 
such proceeding until the end of the covered time pe-
riod. 
‘‘(c) SALE OR FORECLOSURE.—A sale, judicial or 
nonjudicial foreclosure, or seizure of property for a breach 
of an obligation described in subsection (a) that is not 
stayed under subsection (b) shall not be valid during a 
covered time period except— 
‘‘(1) upon a court order granted before such 
sale, judicial or nonjudicial foreclosure, or seizure 
with a return made and approved by the court; or 
‘‘(2) if made pursuant to an agreement as pro-
vided in section 107. 
‘‘(d) NOTICE REQUIRED.— 
‘‘(1) IN GENERAL.—To be covered under this 
section, a covered individual shall provide to the 
mortgagee, trustee, or other creditor written notice 
that such individual is so covered. 
‘‘(2) MANNER.—Written notice under para-
graph (1) may be provided electronically. 
‘‘(3) TIME.—Notice provided under paragraph 
(1) shall be provided during the covered time period.
275 
‘‘(4) CONTENTS.—With respect to a service-
member described in subsection (g)(1)(A), notice 
shall include— 
‘‘(A) a copy of the servicemember’s official 
military orders, or any notification, certifi-
cation, or verification from a servicemember’s 
commanding officer that provides evidence of 
servicemember’s eligibility for special pay as de-
scribed in subsection (g)(1)(A); or 
‘‘(B) an official notice using a form de-
signed under paragraph (5). 
‘‘(5) OFFICIAL FORMS.— 
‘‘(A) IN GENERAL.—The Secretary of De-
fense shall design and distribute an official De-
partment of Defense form that can be used by 
an individual to give notice under paragraph 
(1). 
‘‘(B) USE
OF
OFFICIAL
FORM
NOT
RE-
QUIRED.—Failure by any individual to use a 
form designed or distributed under subpara-
graph (A) to provide notice shall not make such 
provision of notice invalid. 
‘‘(e) AGGREGATE DURATION.—The aggregate dura-
tion for which a covered individual (except a servicemem-
276 
ber described in subsection (g)(1)(A)) may be covered 
under this section is one year. 
‘‘(f) MISDEMEANOR.—A person who knowingly 
makes or causes to be made a sale, foreclosure, or seizure 
of property that is prohibited by subsection (c), or who 
knowingly attempts to do so, shall be fined as provided 
in title 18, United States Code, or imprisoned for not more 
than one year, or both. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) COVERED
INDIVIDUAL.—The term ‘cov-
ered individual’ means the following individuals: 
‘‘(A) A servicemember who is or was eligi-
ble for hostile fire or imminent danger special 
pay under section 310 of title 37, United States 
Code, during a period of military service. 
‘‘(B) A servicemember placed on convales-
cent status, including a servicemember trans-
ferred to the temporary disability retired list 
under section 1202 or 1205 of title 10, United 
States Code. 
‘‘(C) A veteran who was medically dis-
charged and retired under chapter 61 of title 
10, United States Code, except for a veteran 
described in section 1207 of such title.
277 
‘‘(D) A surviving spouse (as defined in sec-
tion 101(3) of title 38, United States Code, and 
in accordance with section 103 of such title) of 
a servicemember who died while in military 
service if such spouse is the successor in inter-
est to property covered under subsection (a). 
‘‘(2) COVERED TIME PERIOD.—The term ‘cov-
ered time period’ means the following time periods: 
‘‘(A) With respect to a servicemember who 
is or was eligible for hostile fire or imminent 
danger special pay under section 310 of title 
37, United States Code, during a period of mili-
tary service, during the period beginning on the 
first day on which the servicemember is or was 
eligible for such special pay during such period 
of military service and ending on the date that 
is one year after the last day of such period of 
military service. 
‘‘(B) With respect to a servicemember de-
scribed in paragraph (1)(B), during the one- 
year period beginning on the date on which the 
servicemember is placed on convalescent status 
or transferred to the temporary disability re-
tired list under section 1202 or 1205 of title 
10, United States Code.
278 
‘‘(C) With respect to a veteran described in 
paragraph (1)(C), during the one-year period 
beginning on the date of the retirement of such 
veteran. 
‘‘(D) With respect to a surviving spouse of 
a servicemember as described in paragraph 
(1)(D), during the one-year period beginning on 
the date on which the spouse receives notice of 
the death of the servicemember.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents in section 1(b) of such Act is amended by in-
serting after the item relating to section 303 the fol-
lowing new item: 
‘‘Sec. 303B. Mortgages and trust deeds of certain servicemembers, surviving 
spouses, and disabled veterans.’’. 
(3) CONFORMING
AMENDMENT.—Section 107 
of the Servicemembers Civil Relief Act (50 U.S.C. 
App. 517) is amended by adding at the end the fol-
lowing: 
‘‘(e) OTHER INDIVIDUALS.—For purposes of this sec-
tion, the term ‘servicemember’ includes any covered indi-
vidual under section 303B.’’. 
(b) INCREASED CIVIL PENALTIES FOR MORTGAGE 
VIOLATIONS.—Paragraph (3) of section 801(b) of the 
Servicemembers Civil Relief Act (50 U.S.C. App. 
597(b)(3)) is amended to read as follows:
279 
‘‘(3) to vindicate the public interest, assess a 
civil penalty— 
‘‘(A) with respect to a violation of section 
207, 303, or 303B regarding real property— 
‘‘(i) in an amount not exceeding 
$110,000 for a first violation; and 
‘‘(ii) in an amount not exceeding 
$220,000 for any subsequent violation; and 
‘‘(B) with respect to any other violation of 
this Act— 
‘‘(i) in an amount not exceeding 
$55,000 for a first violation; and 
‘‘(ii) in an amount not exceeding 
$110,000 for any subsequent violation.’’. 
(c) CREDIT DISCRIMINATION.—Section 108 of such 
Act (50 U.S.C. App. 518) is amended— 
(1) by striking ‘‘Application by’’ and inserting 
‘‘(a) APPLICATION OR RECEIPT.—Application by’’; 
and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) ELIGIBILITY.—In addition to the protections 
under subsection (a), an individual who is entitled to any 
right or protection provided under this Act may not be 
denied or refused credit or be subject to any other action
280 
described under paragraphs (1) through (6) of subsection 
(a) solely by reason of such entitlement.’’. 
(d) REQUIREMENTS
FOR LENDING INSTITUTIONS 
THAT ARE CREDITORS FOR OBLIGATIONS AND LIABIL-
ITIES COVERED BY THE SERVICEMEMBERS CIVIL RELIEF 
ACT.—Section 207 of the Servicemembers Civil Relief Act 
(50 U.S.C. App. 527) is amended— 
(1) by redesignating subsections (d) and (e) as 
subsections (e) and (f), respectively; and 
(2) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d) LENDING INSTITUTION REQUIREMENTS.— 
‘‘(1) COMPLIANCE OFFICERS.—Each lending in-
stitution subject to the requirements of this section 
shall designate an employee of the institution as a 
compliance officer who is responsible for ensuring 
the institution’s compliance with this section and for 
distributing information to servicemembers whose 
obligations and liabilities are covered by this section. 
‘‘(2) TOLL-FREE TELEPHONE NUMBER.—Dur-
ing any fiscal year, a lending institution subject to 
the requirements of this section that had annual as-
sets for the preceding fiscal year of $10,000,000,000 
or more shall maintain a toll-free telephone number
281 
and shall make such telephone number available on 
the primary Internet website of the institution.’’. 
(e) PENSION FOR CERTAIN VETERANS COVERED BY 
MEDICAID PLANS FOR SERVICES FURNISHED BY NURS-
ING FACILITIES.—Section 5503(d)(7) of title 38, United 
States Code, is amended by striking ‘‘November 30, 2016’’ 
and inserting ‘‘March 1, 2017’’. 
(f) EFFECTIVE
DATE.—Section 303B of the 
Servicemembers Civil Relief Act, as added by subsection 
(a), and the amendments made by this section (other than 
the amendment made by subsection (e)), shall take effect 
on the date that is one year after the date of the enact-
ment of this Act. 
SEC. 557. DEPARTMENT OF DEFENSE RECOGNITION OF DE-
PENDENTS OF MEMBERS OF THE ARMED 
FORCES WHO SERVE IN COMBAT ZONES. 
(a) ESTABLISHMENT AND PRESENTATION OF LAPEL 
BUTTONS.—Chapter 57 of title 10, United States Code, 
is amended by inserting after section 1126 the following 
new section: 
‘‘§ 1126b. Dependent-of-a-combat-veteran lapel but-
ton: eligibility and presentation 
‘‘(a) DESIGN AND ELIGIBILITY.—A lapel button, to 
be known as the dependent-of-a-combat-veteran lapel but-
ton, shall be designed, as approved by the Secretary of
282 
Defense, to identify and recognize the dependent of a 
member of the armed forces who is serving or has served 
in a combat zone for a period of more than 30 days. 
‘‘(b) PRESENTATION.—The Secretary concerned may 
authorize the use of appropriated funds to procure de-
pendent-of-a-combat-veteran lapel buttons and to provide 
for their presentation to eligible dependents of members. 
‘‘(c) EXCEPTION TO TIME-PERIOD REQUIREMENT.— 
The 30-day period specified in subsection (a) does not 
apply if the member is killed or wounded in the combat 
zone before the expiration the period. 
‘‘(d) LICENSE TO MANUFACTURE AND SELL LAPEL 
BUTTONS.—Section 901(c) of title 36 shall apply with re-
spect to the dependent-of-a-combat-veteran lapel button 
authorized by this section. 
‘‘(e) COMBAT ZONE DEFINED.—In this section, the 
term ‘combat zone’ has the meaning given that term in 
section 112(c)(2) of the Internal Revenue Code of 1986. 
‘‘(f) REGULATIONS.—The Secretary of Defense shall 
issue such regulations as may be necessary to carry out 
this section. The Secretary shall ensure that the regula-
tions are uniform for each armed force to the extent prac-
ticable.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting
283 
after the item relating to section 1126 the following new 
item: 
‘‘1126b. Dependent-of-a-combat-veteran lapel button: eligibility and presen-
tation.’’. 
Subtitle F—Education and Train-
ing Opportunities and Wellness 
SEC. 561. 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.’’.
284 
SEC. 562. IMPROVED CLIMATE ASSESSMENTS AND DISSEMI-
NATION AND TRACKING OF RESULTS. 
(a) IMPROVED
DISSEMINATION
OF
RESULTS
IN 
CHAIN OF COMMAND.—The Secretary of Defense shall en-
sure that the results of command climate assessments are 
provided to the relevant individual commander and to the 
next higher level of command. 
(b) PERFORMANCE TRACKING.— 
(1) EVIDENCE
OF
COMPLIANCE.—The Sec-
retary of each military department shall include in 
the performance evaluations and assessments used 
by each Armed Force under the jurisdiction of the 
Secretary a designated form where senior com-
manders can indicate whether the commander has 
conducted the required climate assessments. 
(2) EFFECT OF FAILURE TO CONDUCT ASSESS-
MENT.—If a commander is found to not have con-
ducted the required climate assessments, the failure 
shall be noted in the commander’s performance eval-
uation and be considered a serious factor during 
consideration for any subsequent promotion. 
(c) TRACKING SYSTEM.—The Inspector General of 
the Department of Defense shall develop a system to track 
whether commanders are conducting command climate as-
sessments.
285 
(d) UNIT COMPLIANCE REPORTS.—Working with the 
Inspector General of the Department of Defense, unit 
commanders shall gather all the climate assessments from 
the unit and develop a compliance report that, at a min-
imum, shall include the following: 
(1) A comprehensive overview of the concerns 
members of the unit expressed in the climate assess-
ments. 
(2) Data showing how leadership is perceived in 
the unit. 
(3) A detailed strategic plan on how leadership 
plans to address the expressed concerns. 
SEC. 563. SERVICE-WIDE 360 ASSESSMENTS. 
(a) ADOPTION
OF 360-DEGREE APPROACH.—The 
Secretary of each military department shall develop an as-
sessment program modeled after the current Department 
of the Army Multi-Source Assessment and Feedback 
(MSAF) Program, known in this section as the ‘‘360-de-
gree approach’’. 
(b) REPORT ON INCLUSION IN PERFORMANCE EVAL-
UATION REPORTS.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to Congress a report containing the results 
of an assessment of the feasibility of including the 360-
286 
degree approach as part of the performance evaluation re-
ports. 
(c) INDIVIDUAL COUNSELING.—The Secretary of 
each military department shall include individual coun-
seling as part of the performance evaluation process. 
SEC. 564. HEALTH WELFARE INSPECTIONS. 
The Secretary of each military department shall con-
duct health welfare inspections on a monthly basis in order 
to ensure and maintain security, military readiness, good 
order, and discipline of all units of the Armed Forces 
under the jurisdiction of the Secretary. Results of the 
Health Welfare Inspections shall be provided to both the 
commander and senior commander. 
SEC. 565. REVIEW OF SECURITY OF MILITARY INSTALLA-
TIONS, INCLUDING BARRACKS AND MULTI- 
FAMILY RESIDENCES. 
(a) REVIEW OF SECURITY MEASURES.—The Sec-
retary of Defense shall conduct a review of security meas-
ures on United States military installations, specifically 
with regard to barracks and multi-family residences on 
military installations, for the purpose of ensuring the safe-
ty of members of the Armed Forces and their dependents 
who reside on military installations. 
(b) ELEMENTS OF STUDY.—In conducting the review 
under subsection (a), the Secretary of Defense shall—
287 
(1) identify security gaps on military installa-
tions; and 
(2) evaluate the feasibility and effectiveness of 
using 24-hour electronic monitoring or placing secu-
rity personnel at all points of entry into barracks 
and multi-family residences on military installation. 
(c) SUBMISSION OF RESULTS.—Not later than 90 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to Congress a report con-
taining the results of the study conducted under sub-
section (a), including an estimate of the costs— 
(1) to eliminate all security gaps identified 
under subsection (b)(1); and 
(2) to provide 24-hour security monitoring as 
evaluated under subsection (b)(2). 
SEC. 566. ENHANCEMENT OF MECHANISMS TO CORRELATE 
SKILLS AND TRAINING FOR MILITARY OCCU-
PATIONAL SPECIALTIES WITH SKILLS AND 
TRAINING REQUIRED FOR CIVILIAN CERTIFI-
CATIONS AND LICENSES. 
(a) IMPROVEMENT OF INFORMATION AVAILABLE TO 
MEMBERS OF THE ARMED FORCES ABOUT CORRELA-
TION.— 
(1) IN GENERAL.—The Secretaries of the mili-
tary departments, in coordination with the Under
288 
Secretary of Defense for Personnel and Readiness, 
shall, to the maximum extent practicable, make in-
formation on civilian credentialing opportunities 
available to members of the Armed Forces beginning 
with, and at every stage of, training of members for 
military occupational specialties, in order to permit 
members— 
(A) to evaluate the extent to which such 
training correlates with the skills and training 
required in connection with various civilian cer-
tifications and licenses; and 
(B) to assess the suitability of such train-
ing for obtaining or pursuing such civilian cer-
tifications and licenses. 
(2) COORDINATION
WITH
TRANSITION
GOALS 
PLANS
SUCCESS
PROGRAM.—Information shall be 
made available under paragraph (1) in a manner 
consistent with the Transition Goals Plans Success 
(GPS) program. 
(3) TYPES OF INFORMATION.—The information 
made available under paragraph (1) shall include, 
but not be limited to, the following: 
(A) Information on the civilian occupa-
tional equivalents of military occupational spe-
cialties (MOS).
289 
(B) Information on civilian license or cer-
tification requirements, including examination 
requirements. 
(C) Information on the availability and op-
portunities for use of educational benefits avail-
able to members of the Armed Forces, as ap-
propriate, corresponding training, or continuing 
education that leads to a certification exam in 
order to provide a pathway to credentialing op-
portunities. 
(4) USE AND ADAPTATION OF CERTAIN PRO-
GRAMS.—In making information available under 
paragraph (1), the Secretaries of the military de-
partments may use and adapt appropriate portions 
of the Credentialing Opportunities On-Line (COOL) 
programs of the Army and the Navy and the 
Credentialing 
and 
Educational 
Research 
Tool 
(CERT) of the Air Force. 
(b) IMPROVEMENT OF ACCESS OF ACCREDITED CI-
VILIAN CREDENTIALING AGENCIES TO MILITARY TRAIN-
ING CONTENT.— 
(1) IN GENERAL.—The Secretaries of the mili-
tary departments, in coordination with the Under 
Secretary of Defense for Personnel and Readiness, 
shall, to the maximum extent practicable consistent
290 
with national security requirements, make available 
to accredited civilian credentialing agencies that 
issue certifications or licenses, upon request of such 
agencies, information such as military course train-
ing curricula, syllabi, and materials, levels of mili-
tary advancement attained, and professional skills 
developed. 
(2) CENTRAL REPOSITORY.—The actions taken 
pursuant to paragraph (1) may include the estab-
lishment of a central repository of information on 
training and training materials provided members in 
connection with military occupational specialities 
that is readily accessible by accredited civilian 
credentialing agencies described in that paragraph in 
order to meet requests described in that paragraph. 
SEC. 
567. 
USE 
OF 
EDUCATIONAL 
ASSISTANCE 
FOR 
COURSES IN PURSUIT OF CIVILIAN CERTIFI-
CATIONS OR LICENSES. 
(a) COURSES UNDER DEPARTMENT OF DEFENSE 
EDUCATIONAL ASSISTANCE AUTHORITIES.— 
(1) IN
GENERAL.—Chapter 101 of title 10, 
United States Code, is amended by inserting after 
section 2015 the following new section:
291 
‘‘§ 2015a. Civilian certifications and licenses: use of 
educational assistance for courses in pur-
suit of civilian certifications or licenses 
‘‘(a) LIMITATION ON USE OF ASSISTANCE.—In the 
case of a member of the armed forces who is enrolled in 
an educational institution in a State for purposes of ob-
taining employment in an occupation or profession requir-
ing the approval or licensure of a board or agency of that 
State, educational assistance specified in subsection (b) 
may be used by the member for a course offered by the 
educational institution that is a required element of the 
curriculum to be satisfied to obtain employment in that 
occupation or profession only if— 
‘‘(1) the successful completion of the cur-
riculum fully qualifies a student to— 
‘‘(A) take any examination required for 
entry into the occupation or profession, includ-
ing satisfying any State or professionally man-
dated programmatic and specialized accredita-
tion requirements; and 
‘‘(B) be certified or licensed or meet any 
other academically related pre-conditions that 
are required for entry into the occupation or 
profession; and 
‘‘(2) in the case of State licensing or profes-
sionally mandated requirements for entry into the
292 
occupation or profession that require specialized ac-
creditation, the curriculum meets the requirement 
for specialized accreditation through its accreditation 
or pre-accreditation by an accrediting agency or as-
sociation recognized by the Secretary of Education 
or designated by that State as a reliable authority 
as to the quality or training offered by the institu-
tion in that program. 
‘‘(b) COVERED EDUCATIONAL ASSISTANCE.—The 
educational assistance specified in this subsection is edu-
cational assistance as follows: 
‘‘(1) Educational assistance for members of the 
armed forces under section 2007 and 2015 of this 
title. 
‘‘(2) Educational assistance for persons enlist-
ing for active duty under chapter 106A of this title. 
‘‘(3) Educational assistance for members of the 
armed forces held as captives under section 2183 of 
this title. 
‘‘(4) Educational assistance for members of the 
Selected Reserve under chapter 1606 of this title. 
‘‘(5) Educational assistance for reserve compo-
nent members supporting contingency operations 
and other operations under chapter 1607 of this 
title.
293 
‘‘(6) Such other educational assistance provided 
members of the armed force under the laws the ad-
ministered by the Secretary of Defense or the Secre-
taries of the military departments as the Secretary 
of Defense shall designate for purposes of this sec-
tion.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 101 of such title 
is amended by inserting after the item relating to 
section 2015 the following new item: 
‘‘2015a. Civilian certifications and licenses: use of educational assistance for 
courses in pursuit of civilian certifications or licenses.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on August 1, 2014, and shall 
apply with respect to courses pursued on or after that 
date. 
SEC. 568. REQUIREMENT TO CONTINUE PROVISION OF TUI-
TION ASSISTANCE FOR MEMBERS OF THE 
ARMED FORCES. 
The Secretary of each military department shall carry 
out tuition assistance programs for members of an Armed 
Force under the jurisdiction of that Secretary during fis-
cal year 2014 using an amount not less than the sum of 
any amounts appropriated or otherwise made available for 
tuition assistance for members of that Armed Force for 
fiscal year 2014.
294 
SEC. 569. INTERNET ACCESS FOR MEMBERS OF THE ARMY, 
NAVY, AIR FORCE, AND MARINE CORPS SERV-
ING IN COMBAT ZONES. 
(a) PROVISION
OF INTERNET ACCESS REQUIRE-
MENT.—The Secretaries of the military departments shall 
ensure that members of the Army, Navy, Air Force, and 
Marine Corps who are deployed in an area for which immi-
nent danger pay or hazardous duty pay is authorized 
under section 310 or 351 of title 37, United States Code, 
have reasonable access to the Internet in order to permit 
the members— 
(1) to engage in video-conferencing and other 
communication with their families and friends; and 
(2) to enjoy the educational and recreational ca-
pabilities of the Internet via websites approved by 
the Secretary concerned. 
(b) WAIVER AUTHORITY.—The Secretary of a mili-
tary department may waive the requirement imposed by 
subsection (a) for an area, or for certain time periods in 
an area, if the Secretary determines that the security envi-
ronment of the area does not reasonably allow for rec-
reational Internet use. 
(c) NO CHARGE FOR ACCESS AND USE.—Internet ac-
cess and use shall be provided to members under this sec-
tion without charge.
295 
(d) EFFECTIVE DATE.—The requirement imposed by 
subsection (a) shall take effect on January 1, 2014. 
SEC. 570. REPORT ON THE TROOPS TO TEACHERS PRO-
GRAM. 
Not later than March 1, 2014, the Secretary of De-
fense shall submit to the Committees on Armed Services 
of the Senate and House of Representatives a report on 
the Troops to Teachers program that includes each of the 
following: 
(1) An evaluation of whether there is a need to 
broaden eligibility to allow service members and vet-
erans without a bachelor’s degree admission into the 
program and whether the program can be strength-
ened. 
(2) An evaluation of whether a pilot program 
should be established to demonstrate the potential 
benefit of an institutional based award for troops to 
teachers, as long as any such pilot maximizes bene-
fits to soldiers and minimizes administrative and 
other overhead costs at the participating academic 
institutions.
296 
SEC. 570A. SECRETARY OF DEFENSE REPORT ON FEASI-
BILITY OF REQUIRING AUTOMATIC OPER-
ATION OF CURRENT PROHIBITION ON AC-
CRUAL OF INTEREST ON DIRECT STUDENT 
LOANS 
OF 
CERTAIN 
MEMBERS 
OF 
THE 
ARMED FORCES. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Defense, after consulta-
tion with relevant Federal agencies, shall submit to Con-
gress a report addressing the following: 
(1) Whether application of the benefits provided 
under section 455(o) of the Higher Education Act of 
1965 (20 U.S.C. 1087e(o)) could occur automati-
cally for members of the Armed Forces eligible for 
the benefits. 
(2) How the Department of Defense would im-
plement the automatic operation of the current pro-
hibition on the accrual of interest on direct student 
loans of certain members, including the Federal 
agencies with which the Department of Defense 
would coordinate. 
(3) If the Secretary determines that automatic 
operation is not feasible, an explanation of the rea-
sons for that determination.
297 
Subtitle G—Defense Dependents’ 
Education 
SEC. 571. 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 2014 
by section 301 and available for operation and mainte-
nance for Defense-wide activities as specified in the fund-
ing table in section 4301, $20,000,000 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.— 
(1) EXTENSION OF AUTHORITY TO PROVIDE AS-
SISTANCE.—Section 572(b)(4) of the National De-
fense Authorization Act for Fiscal Year 2006 (20 
U.S.C. 7703b(b)(4)) is amended by striking ‘‘Sep-
298 
tember 30, 2014’’ and inserting ‘‘September 30, 
2015’’. 
(2) AMOUNT OF ASSISTANCE AUTHORIZED.—Of 
the amount authorized to be appropriated for fiscal 
year 2014 by section 301 and available for operation 
and maintenance for Defense-wide activities as spec-
ified in the funding table in section 4301, 
$5,000,000 shall be available only for the purpose of 
providing assistance to local educational agencies 
under subsection (b) of section 572 of the National 
Defense Authorization Act for Fiscal Year 2006 (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. 572. SUPPORT FOR EFFORTS TO IMPROVE ACADEMIC 
ACHIEVEMENT AND TRANSITION OF MILI-
TARY DEPENDENT STUDENTS. 
The Secretary of Defense may make grants to non-
profit organizations that provide services to improve the 
academic achievement of military dependent students, in-
cluding those nonprofit organizations whose programs 
focus on improving the civic responsibility of military de-
299 
pendent students and their understanding of the Federal 
Government through direct exposure to the operations of 
the Federal Government. 
SEC. 573. TREATMENT OF TUITION PAYMENTS RECEIVED 
FOR VIRTUAL ELEMENTARY AND SECONDARY 
EDUCATION COMPONENT OF DEPARTMENT 
OF DEFENSE EDUCATION PROGRAM. 
(a) CREDITING OF PAYMENTS.—Section 2164(l) of 
title 10, United States Code, is amended by adding at the 
end the following new paragraph: 
‘‘(3) Any payments received by the Secretary of De-
fense under this subsection shall be credited to the account 
designated by the Secretary for the operation of the virtual 
educational program under this subsection. Payments so 
credited shall be merged with other funds in the account 
and shall be available, to the extent provided in advance 
in appropriation Acts, for the same purposes and the same 
period as other funds in the account.’’. 
(b) APPLICATION OF AMENDMENT.—The amendment 
made by subsection (a) shall apply only with respect to 
tuition payments received under section 2164(l) of title 
10, United States Code, for enrollments authorized by 
such section, after the date of the enactment of this Act, 
in the virtual elementary and secondary education pro-
gram of the Department of Defense education program.
300 
Subtitle H—Decorations and 
Awards 
SEC. 581. FRAUDULENT REPRESENTATIONS ABOUT RE-
CEIPT OF MILITARY DECORATIONS OR MED-
ALS. 
(a) IN GENERAL.—Section 704 of title 18, United 
States Code, is amended— 
(1) in subsection (a), by striking ‘‘wears,’’; and 
(2) so that subsection (b) reads as follows: 
‘‘(b) FRAUDULENT REPRESENTATIONS ABOUT RE-
CEIPT OF MILITARY DECORATIONS OR MEDALS.—Who-
ever, with intent to obtain money, property, or other tan-
gible benefit, fraudulently holds oneself out to be a recipi-
ent of a decoration or medal described in subsection (c)(2) 
or (d) shall be fined under this title, imprisoned not more 
than one year, or both.’’. 
(b) ADDITION OF CERTAIN OTHER MEDALS.—Sec-
tion 704(d) of title 18, United States Code, is amended— 
(1) by striking ‘‘If a decoration’’ and inserting 
the following: 
‘‘(1) IN GENERAL.—If a decoration’’; 
(2) by inserting ‘‘a combat badge,’’ after ‘‘1129 
of title 10,’’; and 
(3) by adding at the end the following new 
paragraph:
301 
‘‘(2) COMBAT BADGE DEFINED.—In this sub-
section, the term ‘combat badge’ means a Combat 
Infantryman’s Badge, Combat Action Badge, Com-
bat Medical Badge, Combat Action Ribbon, or Com-
bat Action Medal.’’. 
(c) CONFORMING AMENDMENT.—Section 704 of title 
18, United States Code, is amended in each of subsections 
(c)(1) and (d) by striking ‘‘or (b)’’. 
SEC. 582. REPEAL OF LIMITATION ON NUMBER OF MEDALS 
OF HONOR THAT MAY BE AWARDED TO THE 
SAME MEMBER OF THE ARMED FORCES. 
(a) ARMY.—Section 3744(a) of title 10, United 
States Code, is amended by striking ‘‘medal of honor, dis-
tinguished-service cross,’’ and inserting ‘‘distinguished- 
service cross’’. 
(b) NAVY AND MARINE CORPS.—Section 6247 of title 
10, United States Code, is amended by striking ‘‘medal 
of honor,’’. 
(c) AIR FORCE.—Section 8744(a) of title 10, United 
States Code, is amended by striking ‘‘medal of honor, Air 
Force cross,’’ and inserting ‘‘Air Force Cross’’.
302 
SEC. 583. STANDARDIZATION OF TIME-LIMITS FOR RECOM-
MENDING AND AWARDING MEDAL OF HONOR, 
DISTINGUISHED-SERVICE 
CROSS, 
NAVY 
CROSS, AIR FORCE CROSS, AND DISTIN-
GUISHED-SERVICE MEDAL. 
(a) ARMY.—Section 3744(b) of title 10, United 
States Code, is amended— 
(1) in paragraph (1), by striking ‘‘three years’’ 
and inserting ‘‘five years’’; and 
(2) in paragraph (2), by striking ‘‘two years’’ 
and inserting ‘‘three years’’. 
(b) AIR FORCE.—Section 8744(b) of such title is 
amended— 
(1) in paragraph (1), by striking ‘‘three years’’ 
and inserting ‘‘five years’’; and 
(2) in paragraph (2), by striking ‘‘two years’’ 
and inserting ‘‘three years’’. 
SEC. 584. RECODIFICATION AND REVISION OF ARMY, NAVY, 
AIR FORCE, AND COAST GUARD MEDAL OF 
HONOR ROLL REQUIREMENTS. 
(a) AUTOMATIC ENROLLMENT AND FURNISHING OF 
CERTIFICATE.— 
(1) IN
GENERAL.—Chapter 57 of title 10, 
United States Code, is amended by inserting after 
section 1134 the following new section:
303 
‘‘§ 1134a. Medal of honor: Army, Navy, Air Force, and 
Coast Guard Medal of Honor Roll 
‘‘(a) ESTABLISHMENT.—There shall be in the De-
partment of the Army, the Department of the Navy, the 
Department of the Air Force, and the Department in 
which the Coast Guard is operating a roll designated as 
the ‘Army, Navy, Air Force, and Coast Guard Medal of 
Honor Roll’. 
‘‘(b) ENROLLMENT.—The Secretary concerned shall 
enter and record on the Army, Navy, Air Force, and Coast 
Guard Medal of Honor Roll the name of each person who 
has served on active duty in the armed forces and who 
has been awarded a medal of honor pursuant to section 
3741, 6241, or 8741 of this title or section 491 of title 
14. 
‘‘(c) ISSUANCE
OF ENROLLMENT CERTIFICATE.— 
Each living person whose name is entered on the Army, 
Navy, Air Force, and Coast Guard Medal of Honor Roll 
shall be issued a certificate of enrollment on the roll. 
‘‘(d) ENTITLEMENT TO SPECIAL PENSION; NOTICE 
TO SECRETARY OF VETERANS AFFAIRS.—The Secretary 
concerned shall deliver to the Secretary of Veterans Af-
fairs a certified copy of each certificate of enrollment 
issued under subsection (c). The copy of the certificate 
shall authorize the Secretary of Veterans Affairs to pay
304 
the special pension provided by section 1562 of title 38 
to the person named in the certificate.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 1134 
the following new item: 
‘‘1134a. Medal of honor: Army, Navy, Air Force, and Coast Guard Medal of 
Honor Roll.’’. 
(b) SPECIAL PENSION.— 
(1) AUTOMATIC ENTITLEMENT.—Subsection (a) 
of section 1562 of title 38, United States Code, is 
amended— 
(A) by striking ‘‘each person’’ and insert-
ing ‘‘each living person’’; 
(B) by striking ‘‘Honor roll’’ and inserting 
‘‘Honor Roll’’; 
(C) by striking ‘‘subsection (c) of section 
1561 of this title’’ and inserting ‘‘subsection (d) 
of section 1134a of title 10’’; and 
(D) by striking ‘‘date of application there-
for under section 1560 of this title’’ and insert-
ing ‘‘date on which the person’s name is en-
tered on the Army, Navy, Air Force, and Coast 
Guard Medal of Honor Roll under subsection 
(b) of such section’’.
305 
(2) ELECTION
TO
DECLINE
SPECIAL
PEN-
SION.—Such section is further amended by adding 
at the end the following new subsection: 
‘‘(g)(1) A person who is entitled to special pension 
under subsection (a) may elect not to receive special pen-
sion by notifying the Secretary of such election in writing. 
‘‘(2) Upon receipt of an election made by a person 
under paragraph (1) not to receive special pension, the 
Secretary shall cease payments of special pension to the 
person.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) REPEAL OF RECODIFIED PROVISIONS.—Sec-
tions 1560 and 1561 of title 38, United States Code, 
are repealed. 
(2) CLERICAL AMENDMENTS.—The table of sec-
tions at the beginning of chapter 15 of such title is 
amended by striking the items relating to sections 
1560 and 1561. 
(d) APPLICATION OF AMENDMENTS.—The amend-
ments made by this section shall apply with respect to 
Medals of Honor awarded on or after the date of the en-
actment of this Act.
306 
SEC. 585. TREATMENT OF VICTIMS OF THE ATTACKS AT RE-
CRUITING STATION IN LITTLE ROCK, ARKAN-
SAS, AND AT FORT HOOD, TEXAS. 
(a) AWARD OF PURPLE HEART REQUIRED.—The 
Secretary of the military department concerned shall 
award the Purple Heart to the members of the Armed 
Forces who were killed or wounded in the attacks that 
occurred at the recruiting station in Little Rock, Arkan-
sas, on June 1, 2009, and at Fort Hood, Texas, on No-
vember 5, 2009. 
(b) EXCEPTION.—This section shall not apply to a 
member of the Armed Forces whose death or wound in 
an attack described in subsection (a) was the result of the 
willful misconduct of the member. 
SEC. 586. RETROACTIVE AWARD OF ARMY COMBAT ACTION 
BADGE. 
(a) AUTHORITY TO AWARD.—The Secretary of the 
Army may award the Army Combat Action Badge (estab-
lished by order of the Secretary of the Army through 
Headquarters, Department of the Army Letter 600–05– 
1, dated June 3, 2005) to a person who, while a member 
of the Army, participated in combat during which the per-
son personally engaged, or was personally engaged by, the 
enemy at any time during the period beginning on Decem-
ber 7, 1941, and ending on September 18, 2001 (the date 
of the otherwise applicable limitation on retroactivity for
307 
the award of such decoration), if the Secretary determines 
that the person has not been previously recognized in an 
appropriate manner for such participation. 
(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. 587. 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.
308 
SEC. 588. AUTHORIZATION FOR AWARD OF THE DISTIN-
GUISHED-SERVICE 
CROSS 
TO 
SERGEANT 
FIRST CLASS ROBERT F. KEISER FOR ACTS 
OF VALOR DURING THE KOREAN WAR. 
(a) AUTHORIZATION.—Notwithstanding the time lim-
itations specified in section 3144 of title 10, United States 
Code, or any other time limitation with respect to the 
awarding of certain medals to persons who served in the 
Armed Forces, the Secretary of the Army is authorized 
and requested to award the Distinguished-Service Cross 
under section 3742 of such title to Sergeant First Class 
Robert F. Keiser for the acts of valor referred to in sub-
section (b) during the Korean War. 
(b) ACTS OF VALOR DESCRIBED.—The acts of valor 
referred to in subsection (a) are the actions of Robert F. 
Keiser’s on November 30, 1950, as a member of the 2d 
Military Police Company, 2d Infantry Division, United 
States Army, during the Division’s successful withdrawal 
from the Kunuri-Sunchon Pass. 
SEC. 589. REQUIRED GOLD CONTENT FOR MEDAL OF 
HONOR. 
(a) ARMY.— 
(1) GOLD CONTENT.—Section 3741 of title 10, 
United States Code, is amended— 
(A) by striking ‘‘The President’’ and in-
serting ‘‘(a) AWARD.—The President’’; and
309 
(B) by adding at the end the following new 
subsection: 
‘‘(b) GOLD CONTENT.—The metal content of the 
Medal of Honor shall be 90 percent gold and 10 percent 
alloy.’’. 
(2) EXCEPTION FOR DUPLICATE MEDAL.—Sec-
tion 3754 of such title is amended by adding at the 
end the following new sentence: ‘‘Section 3741(b) of 
this title shall not apply to the issuance of a dupli-
cate Medal of Honor under this section.’’. 
(b) NAVY.— 
(1) GOLD CONTENT.—Section 6241 of title 10, 
United States Code, is amended— 
(A) by striking ‘‘The President’’ and in-
serting ‘‘(a) AWARD.—The President’’; and 
(B) by adding at the end the following new 
subsection: 
‘‘(b) GOLD CONTENT.—The metal content of the 
Medal of Honor shall be 90 percent gold and 10 percent 
alloy.’’. 
(2) EXCEPTION FOR DUPLICATE MEDAL.—Sec-
tion 6256 of such title is amended by adding at the 
end the following new sentence: ‘‘Section 6241(b) of 
this title shall not apply to the issuance of a dupli-
cate Medal of Honor under this section.’’.
310 
(c) AIR FORCE.— 
(1) GOLD CONTENT.—Section 8741 of title 10, 
United States Code, is amended— 
(A) by striking ‘‘The President’’ and in-
serting ‘‘(a) AWARD.—The President’’; and 
(B) by adding at the end the following new 
subsection: 
‘‘(b) GOLD CONTENT.—The metal content of the 
Medal of Honor shall be 90 percent gold and 10 percent 
alloy.’’. 
(2) EXCEPTION FOR DUPLICATE MEDAL.—Sec-
tion 8754 of such title is amended by adding at the 
end the following new sentence: ‘‘Section 8741(b) of 
this title shall not apply to the issuance of a dupli-
cate Medal of Honor under this section.’’. 
(d) COAST GUARD.— 
(1) GOLD CONTENT.—Section 491 of title 14, 
United States Code, is amended— 
(A) by striking ‘‘The President’’ and in-
serting ‘‘(a) AWARD.—The President’’; and 
(B) by adding at the end the following new 
subsection: 
‘‘(b) GOLD CONTENT.—The metal content of the 
Medal of Honor shall be 90 percent gold and 10 percent 
alloy.’’.
311 
(2) EXCEPTION FOR DUPLICATE MEDAL.—Sec-
tion 504 of such title is amended by adding at the 
end the following new sentence: ‘‘Section 491(b) of 
this title shall not apply to the issuance of a dupli-
cate Medal of Honor under this section.’’. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to Medals of Honor 
awarded after the date of the enactment of this Act. 
SEC. 590. CONSIDERATION OF SILVER STAR AWARD NOMI-
NATIONS. 
The Secretary of the Army shall consider the nomina-
tions for the Silver Star Award, as previously submitted, 
for retired Master Sergeants Michael McElhiney, Ronnie 
Raikes, Gilbert Magallanes, and Staff Sergeant Wesley 
McGirr. 
SEC. 590A. REPORT ON ARMY REVIEW, FINDINGS, AND AC-
TIONS PERTAINING TO MEDAL OF HONOR 
NOMINATION 
OF 
CAPTAIN 
WILLIAM 
L. 
ALBRACHT. 
Not later than 30 days after the date of the enact-
ment of this Act, the Secretary of the Army shall submit 
to the Committee on Armed Services of the House of Rep-
resentatives a report describing the Army’s review, find-
ings, and actions pertaining to the Medal of Honor nomi-
312 
nation of Captain William L. Albracht. The report shall 
account for all evidence submitted with regard to the case. 
SEC. 590B. REPLACEMENT OF MILITARY DECORATIONS. 
(a) PROMPT REPLACEMENT REQUIRED; ANNUAL RE-
PORT.—Section 1135 of title 10, United States Code, is 
amended— 
(1) by redesignating subsection (b) as sub-
section (d); and 
(2) by inserting after subsection (a) the fol-
lowing new subsections: 
‘‘(b) PROMPT REPLACEMENT REQUIRED.—When a 
request for the replacement of a military decoration is re-
ceived under this section or section 3747, 3751, 6253, 
8747, or 8751 of this title, the Secretary concerned shall 
ensure that— 
‘‘(1) all actions to be taken with respect to the 
request, including verification of the service record 
of the recipient of the military decoration, are com-
pleted within one year; and 
‘‘(2) the replacement military decoration is 
mailed to the person requesting the replacement 
military decoration within 60 days after verification 
of the service record. 
‘‘(c) ANNUAL REPORT.—The Secretary of Defense 
shall submit to the congressional defense committees an
313 
annual report regarding compliance by the military de-
partments with the performance standards imposed by 
subsection (b). Each report shall include— 
‘‘(1) for the one-year period covered by the re-
port— 
‘‘(A) the average number of days it took to 
verify the service record and entitlement of 
members and former members of the armed 
forces for replacement military decorations; 
‘‘(B) the average number of days between 
receipt of a request and the date on which the 
replacement military decoration was mailed; 
and 
‘‘(C) the average number of days between 
verification of a service record and the date on 
which the replacement military decoration was 
mailed; and 
‘‘(2) an estimate of the funds necessary for the 
next fiscal year to meet or exceed such performance 
standards.’’. 
(b) PLAN REQUIRED.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall submit to the congressional defense commit-
tees (as defined in section 101(a)(16) of title 10, United 
States Code) a plan to implement the amendments made
314 
by subsection (a), including an estimate of the funds nec-
essary for fiscal year 2015 to meet or exceed the perform-
ance standards imposed by such amendments. 
SEC. 590C. AUTHORIZATION FOR AWARD OF THE MEDAL OF 
HONOR TO FIRST LIEUTENANT ALONZO H. 
CUSHING FOR ACTS OF VALOR DURING THE 
CIVIL WAR. 
(a) AUTHORIZATION.—Subject to subsection (c), not-
withstanding the time limitations specified in section 3744 
of title 10, United States Code, or any other time limita-
tion with respect to the awarding of certain medals to per-
sons who served in the Armed Forces, the President is 
authorized and requested to award the Medal of Honor 
under section 3741 of such title to then First Lieutenant 
Alonzo H. Cushing for conspicuous acts of gallantry and 
intrepidity at the risk of life and beyond the call of duty 
in the Civil War, as described in subsection (b). 
(b) ACTS OF VALOR DESCRIBED.—The acts of valor 
referred to in subsection (a) are the actions of then First 
Lieutenant Alonzo H. Cushing while in command of Bat-
tery A, 4th United States Artillery, Army of the Potomac, 
at Gettysburg, Pennsylvania, on July 3, 1863, during the 
American Civil War. 
(c) REPORT SUBMISSION.—Subsection (a) shall take 
effect upon receipt by the Committees on Armed Services
315 
of the Senate and House of Representatives of the report, 
as required in House Report 112–705, providing informa-
tion on the process and materials used by review boards 
for the consideration of Medal of Honor recommendations 
for acts of heroism that occurred during the Civil War. 
Subtitle I—Other Matters 
SEC. 591. REVISION OF SPECIFIED SENIOR MILITARY COL-
LEGES TO REFLECT CONSOLIDATION OF 
NORTH GEORGIA COLLEGE AND STATE UNI-
VERSITY AND GAINESVILLE STATE COLLEGE. 
Paragraph (6) of section 2111a(f) of title 10, United 
States Code, is amended to read as follows: 
‘‘(6) The University of North Georgia.’’. 
SEC. 592. AUTHORITY TO ENTER INTO CONCESSIONS CON-
TRACTS AT ARMY NATIONAL MILITARY CEME-
TERIES. 
(a) IN GENERAL.—Chapter 446 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 4727. Cemetery concessions contracts 
‘‘(a) CONTRACTS AUTHORIZED.—The Secretary of 
the Army may enter into a contract with an appropriate 
entity for the provision of transportation, interpretative, 
or other necessary or appropriate concession services to 
visitors at the Army National Military Cemeteries.
316 
‘‘(b) SPECIAL REQUIREMENTS.—(1) The Secretary 
of the Army shall establish and include in each concession 
contract such requirements as the Secretary determines 
are necessary to ensure the protection, dignity, and solem-
nity of the cemetery at which services are provided under 
the contract. 
‘‘(2) A concession contract shall not include operation 
of the gift shop at Arlington National Cemetery without 
the specific prior authorization by an Act of Congress. 
‘‘(c) TERM OF CONTRACTS.—(1) Except as provided 
in paragraph (2), a concession contract may be awarded 
for a period of not more than 10 years. 
‘‘(2)(A) If the Secretary of the Army determines that 
the terms and conditions of a concession contract to be 
entered into under this section, including any required 
construction of capital improvements, warrant entering 
into the contract for a period of greater than 10 years, 
the Secretary may award the contract for a period of up 
to 20 years. 
‘‘(B) If a concession contract is intended solely for 
the provision of transportation services, the Secretary may 
enter into the contract for a period of not more than five 
years and may extend the period of the contract for one 
or more successive five-year periods pursuant to an option 
included in the contract or a modification of the contract.
317 
The aggregate period of any such contract, including ex-
tensions, may not exceed 10 years. 
‘‘(d) FRANCHISE FEES.—A concession contract shall 
provide for payment to the United States of a franchise 
fee or such other monetary consideration as determined 
by the Secretary of the Army. The Secretary shall ensure 
that the objective of generating revenue for the United 
States is subordinate to the objectives of honoring the 
service and sacrifices of the deceased members of the 
armed forces and of providing necessary and appropriate 
services for visitors to the Cemeteries at reasonable rates. 
‘‘(e) SPECIAL ACCOUNT.—All franchise fees (and 
other monetary consideration) collected by the United 
States under subsection (d) shall be deposited into a spe-
cial account established in the Treasury of the United 
States. The funds deposited in such account shall be avail-
able for expenditure by the Secretary of the Army, to the 
extent authorized and in such amounts as are provided 
in advance in appropriations Acts, to support activities at 
the Cemeteries. The funds deposited into the account shall 
remain available until expended. 
‘‘(f) CONCESSION CONTRACT DEFINED.—In this sec-
tion, the term ‘concession contract’ means a contract au-
thorized and entered into under this section.’’.
318 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘4727. Cemetery concessions contracts.’’. 
SEC. 593. COMMISSION ON MILITARY BEHAVIORAL HEALTH 
AND DISCIPLINARY ISSUES. 
(a) ESTABLISHMENT OF COMMISSION.—There is es-
tablished the Commission on Military Behavioral Health 
and Disciplinary Issues (in this section referred to as the 
‘‘Commission’’). 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The Commission shall be 
composed of 10 members, of whom— 
(A) two shall be appointed by the Presi-
dent; 
(B) two shall be appointed by the Chair-
man of the Committee on Armed Services of 
the Senate; 
(C) two shall be appointed by the Ranking 
Member of the Committee on Armed Services of 
the Senate; 
(D) two shall be appointed by the Chair-
man of the Committee on Armed Services of 
the House of Representatives; and
319 
(E) two shall be appointed by the Ranking 
Member of the Committee on Armed Services of 
the House of Representatives. 
(2) APPOINTMENT DATE.—The appointments of 
the members of the Commission shall be made not 
later than 30 days after the date of the enactment 
of this Act. If one or more appointments under a 
subparagraph of paragraph (1) is not made by such 
appointment date, the authority to make such ap-
pointment or appointments shall expire, and the 
number of members of the Commission shall be re-
duced by the number equal to the number of ap-
pointments not made. 
(3) 
EXPERTISE.—In 
making 
appointments 
under this subsection, consideration should be given 
to individuals with expertise in service-connected 
mental disorders, post-traumatic stress disorder 
(PTSD), traumatic brain injury (TBI), psychiatry, 
behavioral health, neurology, as well as disciplinary 
matters and military justice. 
(4) PERIOD
OF
APPOINTMENT; VACANCIES.— 
Members shall be appointed for the life of the Com-
mission. Any vacancy in the Commission shall not 
affect its powers, but shall be filled in the same 
manner as the original appointment.
320 
(5) INITIAL MEETING.—Not later than 30 days 
after the appointment date specified in paragraph 
(2), the Commission shall hold its first meeting. 
(6) MEETINGS.—The Commission shall meet at 
the call of the Chair. A majority of the members of 
the Commission shall constitute a quorum, but a 
lesser number of members may hold hearings. 
(7) CHAIR AND VICE CHAIRMAN.—The Commis-
sion shall select a Chair and Vice Chair from among 
its members. 
(c) STUDY AND REPORT.— 
(1) STUDY REQUIRED.—The Commission shall 
undertake a comprehensive study of whether— 
(A) the Department of Defense mecha-
nisms for disciplinary action adequately address 
the impact of service-connected mental dis-
orders and TBI on the basis for the disciplinary 
action; and 
(B) whether the disciplinary mechanisms 
should be revisited in light of new information 
regarding the connection between service-con-
nected mental disorders and TBI, behavioral 
problems, and disciplinary action. 
(2) CONSIDERATIONS.—In considering the De-
partment of Defense mechanisms for disciplinary ac-
321 
tion, the Commission shall give particular consider-
ation to evaluating a structure that examines those 
members diagnosed with or reasonably asserting 
post traumatic stress disorder or traumatic brain in-
jury that have been deployed overseas in support of 
a contingency operation during the previous 24 
months and how that injury or deployment may con-
stitute matters in extenuation that relate to the 
basis for administrative separation under conditions 
other than honorable or the overall characterization 
of service of the member as other than honorable. 
(3) REPORT.—Not later than June 30, 2014, 
the Commission shall submit to the President and 
the congressional defense committees a report con-
taining a detailed statement of the findings and con-
clusions of the Commission as a result of the study 
required by this subsection, together with its rec-
ommendations for such legislation and administra-
tive actions it may consider appropriate in light of 
the results of the study. 
(d) POWERS OF THE COMMISSION.— 
(1) HEARINGS.—The Commission may hold 
such hearings, sit and act at such times and places, 
take such testimony, and receive such evidence as
322 
the Commission considers advisable to carry out this 
section. 
(2) INFORMATION FROM FEDERAL AGENCIES.— 
The Commission may secure directly from any Fed-
eral department or agency such information as the 
Commission considers necessary to carry out this 
section. Upon request of the Chair of the Commis-
sion, the head of such department or agency shall 
furnish such information to the Commission. 
(e) COMMISSION PERSONNEL MATTERS.— 
(1) COMPENSATION OF MEMBERS.—All mem-
bers of the Commission who are officers or employ-
ees of the United States shall serve without com-
pensation in addition to that received for their serv-
ices as officers or employees of the United States. 
(2) TRAVEL EXPENSES.—The members of the 
Commission shall be allowed travel expenses, includ-
ing per diem in lieu of subsistence, at rates author-
ized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while 
away from their homes or regular places of business 
in the performance of services for the Commission. 
(3) STAFF.—The Chair of the Commission 
may, without regard to the civil service laws and 
regulations, appoint and terminate an executive di-
323 
rector and such other additional personnel from as 
may be necessary to enable the Commission to per-
form its duties. The employment of an executive di-
rector shall be subject to confirmation by the Com-
mission. The staff members should be officers or 
employees of the United States. 
(f) TERMINATION DATE.—The Commission shall ter-
minate 30 days after the date on which the Commission 
submits its report. 
SEC. 594. COMMISSION ON SERVICE TO THE NATION. 
(a) ESTABLISHMENT.—There is established a com-
mission to be known as the ‘‘Commission on Service to 
the Nation’’. 
(b) DUTIES.— 
(1) STUDY.—The Commission shall carry out a 
study of the following: 
(A) The effect of warfare, focusing on re-
cent wars and conflicts, on members of the 
Armed Forces, the families of members, and 
the communities of members. 
(B) The outgoing experience and transition 
between military and civilian life. 
(C) The gaps between the military and 
those Americans who do not participate directly 
in the military community.
324 
(2) TESTIMONY AND RESEARCH.—In carrying 
out the study under paragraph (1), the Commission 
shall— 
(A) hear testimony from all aspects of mili-
tary and civilian life, including public, private, 
individual and institutional stakeholders, with 
personal testimony, expert testimony, academic 
testimony, as well as testimony from association 
and community leaders, and other testimony as 
appropriate; 
(B) hear and accept testimony in an open 
and public manner, accepting testimony in a 
wide variety of ways for each hearing, including 
submissions made through a public internet 
website, and testimony heard remotely if appro-
priate; 
(C) retain the records of all hearings and 
artifacts of testimony for the purposes of his-
torical documentation and research; 
(D) assess the social, mental, and physical 
effects of war on active members of the Armed 
Forces, the families of members, and the com-
munities of members and the preparation they 
receive for transitioning out of the military; and
325 
(E) assess the existing academic and social 
science research and analysis on transition from 
active military to civilian life. 
(3) 
RECOMMENDATIONS.—The 
Commission 
shall make recommendations, based on the analyses 
in subparagraphs (A) through (C) of paragraph (1), 
on how to better— 
(A) support the transition to civilian life of 
a member of the Armed Forces; 
(B) support the families and communities 
of the member; and 
(C) better connect the military community 
and civilians. 
(4) WEBSITE.—The Commission shall maintain 
an Internet website available to the public to— 
(A) share the schedule of the Commission; 
(B) notify the public of events; 
(C) accept feedback; and 
(D) post records of events and other infor-
mation to inform the public in a manner con-
sistent with the mission of the Commission. 
(c) COMPOSITION.— 
(1) MEMBERS.—The Commission shall be com-
posed of 15 members appointed as follows:
326 
(A) Four members appointed by Majority 
Leader of the Senate, in consultation with the 
chairman of the Committee on Armed Services 
of the Senate. 
(B) Four members appointed by the 
Speaker of the House of Representatives, in 
consultation with the chairman of the Com-
mittee on Armed Services of the House of Rep-
resentatives. 
(C) Two members appointed by the Minor-
ity Leader of the Senate, in consultation with 
the ranking minority member of the Committee 
on Armed Services of the Senate. 
(D) Two members appointed by the Minor-
ity Leader of the House of Representatives, in 
consultation with the ranking minority member 
of the Committee on Armed Service of the 
House of Representatives. 
(E) Three members appointed by the 
President. 
(2) QUALIFICATIONS.—The members of the 
Commission shall be appointed from among persons 
who have knowledge and expertise in the following 
areas:
327 
(A) The effects of war on members of the 
Armed Forces, their families, and society. 
(B) The process of transitioning out of the 
Armed Forces. 
(C) The resources available to members 
and their families as members transition out of 
the Armed Forces and into society. 
(D) 
Personnel 
benefits, 
including 
healthcare and job training, available to mem-
bers. 
(E) Policy making and policy analysis. 
(3) SERVICE
REQUIREMENT.—Not less than 
one member of the Commission appointed under 
each of subparagraphs (A) through (E) of paragraph 
(1) shall have served in the Armed Forces. 
(4) DURATION AND VACANCIES.—Members of 
the Commission shall be appointed for the life of the 
Commission. A vacancy in the membership of the 
Commission shall not affect the powers of the Com-
mission, but shall be filled in the same manner as 
the original appointment. 
(5) CHAIRMAN.—The President shall designate 
a member of the Commission to serve as chairman 
of the Commission.
328 
(6) DEADLINE FOR APPOINTMENT.—The mem-
bers shall be appointed by not later than 90 days 
after the date of the enactment of this Act. 
(d) PROCEDURES.— 
(1) INITIAL MEETING.—The Commission shall 
hold its initial meeting not later than 30 days after 
the date on which all members of the Commission 
have been appointed. 
(2) MEETINGS.—After the initial meeting under 
paragraph (1), the Commission shall meet at the call 
of the chairman. 
(3) QUORUM.—Four members of the Commis-
sion shall constitute a quorum, but a lesser number 
of members may hold hearings. 
(4) PROCEDURE.—The Commission shall act by 
resolution agreed to by a majority of the members 
of the Commission. 
(5) PANELS.—The Commission may establish 
panels composed of less than the full membership of 
the Commission for the purpose of carrying out the 
Commission’s duties. The actions of each such panel 
shall be subject to the review and control of the 
Commission. Any findings and determinations made 
by such a panel shall not be considered the findings
329 
and determinations of the Commission unless ap-
proved by the Commission. 
(e) COMPENSATION AND STAFF.— 
(1) PAY.—Each member of the Commission 
shall be paid at a rate equal to the daily equivalent 
of the annual rate of basic pay payable for level IV 
of the Executive Schedule under section 5316 of title 
5, United States Code, for each day (including travel 
time) during which the member is engaged in the 
performance of the duties of the Commission. All 
members of the Commission who are officers or em-
ployees of the United States shall serve without pay 
in addition to that received for their services as offi-
cers or employees of the United States. 
(2) TRAVEL EXPENSES.—The members of the 
Commission shall be allowed travel expenses, includ-
ing per diem in lieu of subsistence, at rates author-
ized for employees of agencies under subchapter I of 
chapter 57 of title 5, United States Code, while 
away from their homes or regular places of business 
in the performance of services for the Commission. 
(3) EXECUTIVE
DIRECTOR.—The Commission 
shall appoint and fix the rate of basic pay for an Ex-
ecutive Director in accordance with section 3161 of 
title 5, United States Code.
330 
(4) STAFF.—The Executive Director, with the 
approval of the Commission, may appoint and fix 
the rate of basic pay for additional personnel as 
staff of the Commission in accordance with section 
3161 of title 5, United States Code. 
(5) DETAIL
OF
GOVERNMENT
EMPLOYEES.— 
Upon request of the chairman of the Commission, 
the head of any Federal department or agency may 
detail, on a nonreimbursable basis, any personnel of 
that department or agency to the Commission to as-
sist it in carrying out its duties. 
(f) POWERS.— 
(1) HEARINGS.—For the purpose of carrying 
out this Act, the Commission (or on the authority of 
the Commission, any subcommittee or member) may 
hold such hearings and forums, and sit and act at 
such times and places, take such testimony, receive 
such evidence, and administer such oaths as the 
Commission considers appropriate. The Commission 
shall hold not less than one hearing in each State, 
the District of Columbia, Puerto Rico, the United 
States Virgin Islands, Guam, the Commonwealth of 
the Northern Mariana Islands, and American 
Samoa.
331 
(2) INFORMATION FROM FEDERAL AGENCIES.— 
The Commission, or designated staff member, may 
secure directly from any department or agency of 
the United States information necessary to enable it 
to carry out this Act. Upon request of the chairman 
of the Commission, the chairman of any sub-
committee created by a majority of the Commission, 
or any member designated by a majority of the 
Commission, the head of that department or agency 
shall furnish that information to the Commission. 
(3) MISCELLANEOUS
ADMINISTRATIVE
AND 
SUPPORT SERVICES.—The Secretary of Defense shall 
furnish the Commission, on a reimbursable basis, 
any administrative and support services requested by 
the Commission. 
(4) PROCUREMENT OF TEMPORARY AND INTER-
MITTENT SERVICES.—The chairman of the Commis-
sion may procure temporary and intermittent serv-
ices under section 3109(b) of title 5, United States 
Code, at rates for individuals which do not exceed 
the daily equivalent of the annual rate of basic pay 
payable for level V of the Executive Schedule under 
section 5316 of such title. 
(5) GIFTS.—The Commission may accept, use, 
and dispose of gifts, bequests, or devises of services