H.R. 1960 — what changed

added In this Act, the term “congressional defense committees” has the meaning given that term in section 101(a)(16) of title 10, United States Code.

added “122. Adherence to Navy cost estimates for CVN–78 class of aircraft carriers

added “(a) Limitation

added “(1) Lead ship—The total amount obligated from funds appropriated or otherwise made available for Shipbuilding and Conversion, Navy, or for any other procurement account, for the aircraft carrier designated as CVN–78 may not exceed $12,887,000,000 (as adjusted pursuant to subsection (b)).

added “(2) Follow-on ships—The total amount obligated from funds appropriated or otherwise made available for Shipbuilding and Conversion, Navy, or for any other procurement account, for the construction of any ship that is constructed in the CVN–78 class of aircraft carriers after the lead ship of that class may not exceed $11,411,000,000 (as adjusted pursuant to subsection (b)).

added “(b) Adjustment of limitation amount—The Secretary of the Navy may adjust the amount set forth in subsection (a) for any ship constructed in the CVN–78 class of aircraft carriers by the following:

added “(1) The amounts of increases or decreases in costs attributable to economic inflation after September 30, 2013.

added “(2) The amounts of increases or decreases in costs attributable to compliance with changes in Federal, State, or local laws.

added “(3) The amounts of outfitting costs and post-delivery costs incurred for that ship.

added “(4) The amounts of increases or decreases in costs of that ship that are attributable to insertion of new technology into that ship, as compared to the technology baseline as it was defined in the approved acquisition program baseline estimate of December 2005.

added “(5) The amounts of increases or decreases to nonrecurring design and engineering cost attributable to achieving compliance with the cost limitation.

added “(6) The amounts of increases or decreases to cost required to correct deficiencies that may affect the safety of the ship and personnel or otherwise preclude the ship from safe operations and crew certification.

added “(7) With respect to the aircraft carrier designated as CVN–78, the amounts of increases or decreases in costs of that ship that are attributable to the shipboard test program.

added “(c) Limitation on technology insertion cost adjustment—The Secretary of the Navy may use the authority under paragraph (4) of subsection (b) to adjust the amount set forth in subsection (a) for a ship referred to in that subsection with respect to insertion of new technology into that ship only if—

added “(1) the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology would lower the life-cycle cost of the ship; or

added “(2) the Secretary determines, and certifies to the congressional defense committees, that insertion of the new technology is required to meet an emerging threat and the Secretary of Defense certifies to those committees that such threat poses grave harm to national security.

added “(d) Notice

added “(1) Requirement—The Secretary of the Navy shall submit to the congressional defense committees each year, at the same time that the budget is submitted under section 1105(a) of title 31, United States Code, for the next fiscal year, written notice of—

added “(A) any change in the amount set forth in subsection (a) during the preceding fiscal year that the Secretary has determined to be associated with a cost referred to in subsection (b); and

added “(B) the most accurate estimate possible of the Secretary with respect to the total cost compared to the amount set forth in subsection (a), as adjusted by subsection (b), and the steps the Secretary is taking to reduce the costs below such amount.

added “(2) Effective date—The requirement in paragraph (1) shall become effective with the budget request for the year of procurement of the first ship referred to in subsection (a).”

added Section 122 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 124 Stat. 4157) is amended—

added None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Army may be obligated or expended for post-Milestone B engineering and manufacturing phase development activities for the ground combat vehicle program until a period of 30 days has elapsed following the date on which the Secretary of the Army submits to the congressional defense committees a report that includes the following:

added The Under Secretary of Defense for Acquisition, Technology, and Logistics may not award a Milestone A technology development contract with respect to the Unmanned Carrier-launched Surveillance and Strike system program until a period of 30 days has elapsed following the date on which the Under Secretary certifies to the congressional defense committees that the software and system engineering designs for the control system and connectivity and aircraft carrier segments of such program can achieve, with low level of integration risk, successful compatibility and interoperability with the air vehicle segment selected for contract award with respect to such program.

added Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for procurement, Air Force, or research, development, test, and evaluation, Air Force, for logistics information technology, including for the expeditionary combat support system, not more than 50 percent may be obligated or expended until the date that is 30 days after the date on which the Secretary of the Air Force submits to the congressional defense committees a report on how the Secretary will modernize and update the logistics information technology systems of the Air Force following the cancellation of the expeditionary combat support system. Such report shall include—

added Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2014 for the Department of Defense, not more than 50 percent may be obligated or expended for the precision extended range munition program until the date on which the Under Secretary of Defense for Acquisition, Technology, and Logistics submits to the congressional defense committees written certification that—

added Not later than October 1, 2014, the Secretary of the Navy shall demonstrate, with respect to the X–47B unmanned combat air system aircraft, the following:

added The Secretary of the Air Force shall develop a follow-on air-launched cruise missile to the AGM–86 that—

added The Secretary of the Army may not cancel the individual carbine program unless the Secretary—

added It is the sense of the Congress that—

added “(e) Quality of cost estimates

added “(1) The Director shall ensure that each cost estimate included in an acquisition baseline pursuant to subsection (b)(3) includes all operation and support costs, regardless of funding source, for which the Director is responsible.

added “(2) In each such baseline submitted to the congressional defense committees, the Director shall state whether the underlying cost estimates in such baseline meet the criteria of the Comptroller General of the United States to be considered a high-quality estimate. If the Director states that such estimates do not meet such criteria, the Director shall include in such baseline the actions, including a schedule, that the Director plans to carry out for the estimates to meet such criteria.”

added Of the funds authorized to be appropriated for fiscal year 2014 by section 201 for research, development, test, and evaluation, Defense-wide, and available for the Missile Defense Agency, $15,000,000 may be obligated or expended for enhancing the capability for producing the Iron Dome short-range rocket defense program in the United States, including for infrastructure, tooling, transferring data, special test equipment, and related components.

added It is the sense of Congress that the Secretary of Defense should not procure a Capability Enhancement II exoatmospheric kill vehicle for deployment until after the date on which a successful operational flight test of the Capability Enhancement II ground-based interceptor has occurred unless such procurement is for test assets or to maintain a warm line for the industrial base.

added Not later than 60 days after the date of the enactment of this Act, the Secretary of the Army shall submit to the congressional defense committees a report on the investment strategy to accelerate fuel efficiency improvements to the current engine and transmission of the M1 Abrams series main battle tank as part of the Army’s Engineering Change Proposal Phase I strategy.

added “189. Cryptographic Modernization Review and Advisory Board

added “(a) Establishment—There shall be in the Department of Defense a Cryptographic Modernization Review and Advisory Board (in this section referred to as the “Board”) to review and assess the cryptographic modernization activities of the Department and provide advice to the Secretary with respect to such activities pursuant to the roles and responsibilities outlined in the Chairman of the Joint Chiefs of Staff Instruction 6510.02D.

added “(b) Members

added “(1) The Secretary shall determine the number of members of the Board.

added “(2) The Secretary shall appoint officers in the grade of general or admiral and civilian employees of the Department of Defense in the Senior Executive Service to serve as members of the Board.

added “(c) Responsibilities—The Board shall—

added “(1) review compliance with cease-use dates for specific cryptographic systems based on rigorous analysis of technical and threat factors and issue guidance, as needed, to relevant program executive offices and program managers;

added “(2) monitor the overall cryptographic modernization efforts of the Department, including while such efforts are being executed;

added “(3) convene in-depth technical program reviews, as needed, for specific cryptographic modernization developments with respect to validating current and in-draft requirements of systems of the Department of Defense and identifying programmatic risks;

added “(4) develop a five-year cryptographic modernization plan to—

added “(A) make recommendations to the Joint Requirements Oversight Council with respect to updating or modifying requirements for cryptographic modernization; and

added “(B) identify previously unidentified requirements;

added “(5) develop a long-term roadmap to—

added “(A) ensure synchronization with major planning documents;

added “(B) anticipate risks and issues in 10- and 20-year timelines; and

added “(C) ensure that the expertise and insights of the military departments, Defense Agencies, the combatant commands, industry, academia, and key allies are included in the course of developing and carrying out cryptographic modernization activities;

added “(6) develop a concept of operations for how cryptographic systems should function in a system-of-systems environment; and

added “(7) advise the Secretary on the development of a cryptographic asset visibility system.

added “(d) Exclusion of certain programs—The Board shall not include programs funded under the National Intelligence Program (as defined in section 3(6) of the National Security Act of 1947 (50 U.S.C. 3003(6))) in carrying out this section.”

added Subparagraph (A) of section 257(d)(2) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103–337; 10 U.S.C. 2358 note) is amended to read as follows:

added “(A) the State is eligible for the experimental program to stimulate competitive research under section 113 of the National Science Foundation Authorization Act of 1988 (42 U.S.C. 1862g); and”

added “(b) Availability of funds for infrastructure revitalization projects

added “(1) In general—Subject to the provisions of this subsection, funds available under a mechanism under subsection (a) for specific laboratory infrastructure revitalization projects shall be available for such projects until expended.

added “(2) Prior notice of costs of projects—Funds shall be available in accordance with paragraph (1) for a project referred to in that paragraph only if the congressional defense committees are notified of the total cost of the project before the commencement of the project.

added “(3) Accumulation of funds for projects—Funds may accumulate under a mechanism under subsection (a) for a project referred to in paragraph (1) for not more than five years.

added “(4) Limitation on total cost of project—Funds shall be available in accordance with paragraph (1) for a project referred to in that paragraph only if the cost of the project does not exceed $4,000,000.”

added Section 2374a(f) of chapter 139 of title 10, United States Code, is amended by striking “September 30, 2013” and inserting “September 30, 2018”.

added Section 243(d) of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2358 note) is amended by striking “October 1, 2015” and inserting “October 1, 2020”.

added “(2) In the case of a cooperative agreement under subsection (a)(2), funds referred to in paragraph (1)—

added “(A) may be paid in a lump sum and include an amount intended to cover the future costs of the natural resource maintenance and improvement activities provided for under the agreement; and

added “(B) may be invested by the recipient in accordance with the recipient’s own guidelines for the management and investment of financial assets, and any interest or income derived from such investment may be applied for the same purposes as the principal.”

added “(c) Availability of funds and relation to other laws

added “(1) Cooperative agreements and interagency agreements entered into under this section shall be subject to the availability of funds.

added “(2) Notwithstanding chapter 63 of title 31, United States Code, a cooperative agreement under this section may be used to acquire property or services for the direct benefit or use of the United States Government.

added “(3) Amounts available to the Department of Defense that are provided to any Federal, State, local, or nongovernmental entity for conservation and rehabilitation of natural resources in an area that is not on a military installation—

added “(A) may only be used for payment of direct costs associated with the management of such area; and

added “(B) may be used to pay not more than 3 percent of total project administrative costs, fees, and management charges.

added “(4) Amounts available to the Department of Defense may not be used under this Act to acquire fee title interest in real property for natural resources projects that are not on a military installation.”

added “(d) Annual audits—The Inspector General of the Department of Defense shall annually audit each natural resources project funded with amounts available to the Department of Defense under this Act that is not on a military installation.”

added Section 3(2)(B)(v) of the Toxic Substances Control Act (15 U.S.C. 2602(2)(B)(v)) is amended by striking “, and” and inserting ‘‘and any component of such an article (including, without limitation, shot, bullets and other projectiles, propellants when manufactured for or used in such an article, and primers), and’’.

added Section 526 of the Energy Independence and Security Act of 2007 (Public Law 110–140; 42 U.S.C. 17142) is amended by adding at the end the following: “This section shall not apply to the Department of Defense.”.

added For the purposes of Department of Defense Instruction 4715.19, issued as required by section 317 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2701 note) or any successor instruction, the term “covered waste” specifically includes, in addition to the materials already specified in subparagraphs (A) and (B) of subsection (c)(2) of such section, the following:

added Notwithstanding any other provision of law, the Secretary of Defense may not enter into a contract for the planning, design, refurbishing, or construction of a biofuels refinery any other facility or infrastructure used to refine biofuels unless such planning, design, refurbishing, or construction is specifically authorized by law.

added “(g) Combatant command assigned mission assessments

added “(1) Each report shall also include an assessment by each commander of a geographic or functional combatant command of the ability of the command to successfully execute each of the assigned missions of the command. Each such assessment for a combatant command shall also include a list of the mission essential tasks for each assigned mission of the command and an assessment of the ability of the command to successfully complete each task within prescribed timeframes.

added “(2) For purposes of this subsection, the term “assigned mission” means any contingency response program plan, theater campaign plan, or named operation that is approved and assigned by the Joint Chiefs of Staff.

added “(h) Risk assessment of dependence on contractor support—Each report shall also include an assessment by the Chairman of the Joint Chiefs of Staff of the level of risk incurred by using contract support in contingency operations as required under Department of Defense Instruction 1100.22, “Policies and Procedures for Determining Workforce Mix”.

added “(i) Combat support agencies assessment

added “(1) Each report shall also include an assessment by the Secretary of Defense of the military readiness of the combat support agencies, including, for each such agency—

added “(A) a determination with respect to the responsiveness and readiness of the agency to support operating forces in the event of a war or threat to national security, including—

added “(i) a list of mission essential tasks and an assessment of the ability of the agency to successfully perform those tasks;

added “(ii) an assessment of how the ability of the agency to accomplish the tasks referred to in subparagraph (A) affects the ability of the military departments and the unified and geographic combatant commands to execute operations and contingency plans by number;

added “(iii) any readiness deficiencies and actions recommended to address such deficiencies; and

added “(iv) key indicators and other relevant information related to any deficiency or other problem identified;

added “(B) any recommendations that the Secretary considers appropriate.

added “(2) In this subsection, the term “combat support agency” means any of the following Defense Agencies:

added “(A) The Defense Information Systems Agency.

added “(B) The Defense Intelligence Agency.

added “(C) The Defense Logistics Agency.

added “(D) The National Geospatial-Intelligence Agency (but only with respect to combat support functions that the agencies perform for the Department of Defense).

added “(E) The Defense Contract Management Agency.

added “(F) The Defense Threat Reduction Agency.

added “(G) The National Reconnaissance Office.

added “(H) The National Security Agency (but only with respect to combat support functions that the agencies perform for the Department of Defense) and Central Security Service.

added “(I) Any other Defense Agency designated as a combat support agency by the Secretary of Defense.”

added Section 323 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 120 Stat. 2146; 10 U.S.C. 229 note) is amended—

added Section 351(a)(1) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 221 note) is amended by striking “in excess of $30,000,000” and all that follows and inserting “(as computed in fiscal year 2000 constant dollars) in excess of $32,000,000 or an estimated total cost for the future-years defense program for which the budget is submitted (as computed in fiscal year 2000 constant dollars) in excess of $378,000,000, for all expenditures, for all increments, regardless of the appropriation and fund source, directly related to the assets definition, design, development, deployment, sustainment, and disposal.”.

added The Secretary of the Air Force may not reduce the force structure at Lajes Air Force Base, Azores, relative to the force structure at such Air Force Base as of October 1, 2013, until 30 days after the Secretary of Defense concludes the European Infrastructure Consolidation Assessment initiated by the Secretary on January 25, 2013, and briefs the congressional defense committees regarding such Assessment. Such briefing shall include a specific assessment of the efficacy of Lajes Air Force Base, Azores, in supporting the United Stated overseas force posture.

added Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting the following new paragraphs:

added “(1) For the Army, 520,000.

added “(2) For the Navy, 323,600.

added “(3) For the Marine Corps, 190,200.

added “(4) For the Air Force, 327,600.”

added Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall take such steps as may be necessary to ensure that there is continuous, designated military command responsibility and accountability 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.

added “(9) Provide information about disability-related employment and education protections.”

added “(c) Additional elements of program—The mandatory program carried out by this section shall include—

added “(1) for any such member who plans to use the member’s entitlement to educational assistance under title 38—

added “(A) instruction providing an overview of the use of such entitlement; and

added “(B) courses of post-secondary education appropriate for the member, courses of post-secondary education compatible with the member’s education goals, and instruction on how to finance the member’s post-secondary education; and

added “(2) instruction in the benefits under laws administered by the Secretary of Veterans Affairs and in other subjects determined by the Secretary concerned.”

added “1560. Judicial review of decisions relating to correction of military records

added “(a) Availability of judicial review

added “(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 decision in a court with jurisdiction to hear the matter.

added “(2) Records correction final decision defined—In this section, the term “records correction final decision” means any of the following decisions:

added “(A) A final decision issued by the Secretary concerned pursuant to section 1552 of this title.

added “(B) A final decision issued by the Secretary concerned pursuant to section 1034(f) of this title.

added “(C) A final decision issued by the Secretary of Defense pursuant to section 1034(g) of this title.

added “(b) Exhaustion of administrative remedies

added “(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 obtained under this section or any other provision of law unless—

added “(A) the petitioner has requested a correction under section 1552 of this title (including such a request in a matter arising under section 1034 of this title); and

added “(B) the Secretary concerned has rendered a final decision denying that correction in whole or in part.

added “(2) Whistleblower cases—When the final decision of the Secretary concerned is subject to review by the Secretary of Defense under section 1034(g) of this title, the petitioner is not required to seek such review before obtaining judicial review, but if the petitioner does seek such review, judicial review may not be sought until the earlier of the following occurs:

added “(A) The Secretary of Defense makes a decision in the matter.

added “(B) The period specified in section 1034(g) of this title for the Secretary to make a decision in the matter expires.

added “(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.

added “(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.

added “(c) Statutes of limitation

added “(1) Six years from final decision—A records correction final decision (other than in a matter to which paragraph (2) applies) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court not later than six years after the date of the records correction final decision.

added “(2) Six years for certain claims that may result in payment of money

added “(A) In a case of a records correction final decision described in subparagraph (B), the records correction final decision (or the portion of such decision described in such subparagraph) is not subject to judicial review under this section or otherwise subject to review in any court unless petition for such review is filed in a court before the end of the six-year period that began on the date of discharge, retirement, release from active duty, or death while on active duty, of the person whose military records are the subject of the correction request. Such six-year period does not include any time between the date of the filing of the request for correction of military records leading to the records correction final decision and the date of the final decision.

added “(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 determination.

added “(d) Habeas corpus—This section does not affect any cause of action arising under chapter 153 of title 28.”

added “(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—

added “(A) a concise written statement of the basis for the decision; and

added “(B) a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations.”

added “(2) The submittal of a matter to the Secretary of Defense by the member or former member under paragraph (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 Secretary 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—

added “(A) a concise written statement of the basis for the decision; and

added “(B) a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations.”

added “(h) Judicial review

added “(1) A decision of the Secretary of Defense under subsection (g) shall be subject to judicial review only as provided in section 1560 of this title.

added “(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.

added “(3) A decision by the Secretary of Homeland Security under subsection (f) shall be subject to judicial review only as provided in section 1560 of this title.”

added “(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—

added “(1) a concise written statement of the basis for the decision; and

added “(2) a notification of the availability of judicial review of the decision pursuant to section 1560 of this title and the time period for obtaining such review in accordance with the applicable statute of limitations.

added “(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.”

added “(d) Definitions—In this section:

added “(1) Gender-neutral occupational standard—The term “gender-neutral occupational standard”, with respect to a military career designator, means that all members of the Armed Forces serving in or assigned to the military career designator must meet the same physical and performance outcome-based standards for the successful accomplishment of the necessary and required specific tasks associated with the qualifications and duties performed while serving in or assigned to the military career designator.

added “(2) Military career designator—The term “military career designator” refers to—

added “(A) in the case of enlisted members and warrant officers of the Armed Forces, military occupational specialties, specialty codes, enlisted designators, enlisted classification codes, additional skill identifiers, and special qualification identifiers; and

added “(B) in the case of commissioned officers (other than commissioned warrant officers), officer areas of concentration, occupational specialties, specialty codes, additional skill identifiers, and special qualification identifiers.”

added “(v) a court-martial proceeding; or”

added “(A) Any violation of any law, rule, or regulation, including a law or regulation prohibiting rape, sexual assault, or other sexual misconduct in sections 920 through 920c of this title (articles 120 through 120c of the Uniform Code of Military Justice), sexual harassment or unlawful discrimination.”

added “(3) A communication described in paragraph (2) shall not be excluded from the protections provided in this section because—

added “(A) the communication was made to a person who participated in an activity that the member reasonably believed to be covered by paragraph (2);

added “(B) the communication revealed information that had previously been communicated;

added “(C) of the member’s motive for making the communication;

added “(D) the communication was not made in writing;

added “(E) the communication was made while the member was off duty;

added “(F) the communication was made during the normal course of duties of the member.”

added “(i) Action in case of violations

added “(1) If an Inspector General reports under subsection (e) that a personnel action prohibited by subsection (b) has occurred, not later than 30 days after receiving such report from the Inspector General, the Secretary of Homeland Security 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 subsection (b), taking into account the recommendations in the report by the Inspector General. Such Secretary shall take any appropriate disciplinary action against the individual who committed such prohibited personnel action.

added “(2) If the Secretary of Homeland Security or the Secretary of the military department concerned, as applicable, determines that an order for corrective or disciplinary action is not appropriate, not later than 30 days after making the determination, such Secretary shall—

added “(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

added “(B) refer the report to the appropriate board for the correction of military records for further review under subsection (g).”

added “(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 Secretary of Homeland Security, and any board for the correction of military records, under this section.”

added Section 1177 of title 10, United States Code, is amended by striking subsection (c).

added “(c) If called upon to lead a prayer outside of a religious service, a chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.”

added “(b) If called upon to lead a prayer outside of a religious service, the Chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.”

added “(d) If called upon to lead a prayer outside of a religious service, a chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.”

added “(c) If called upon to lead a prayer outside of a religious service, a chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.”

added “(b) If called upon to lead a prayer outside of a religious service, the Chaplain shall have the prerogative to close the prayer according to the traditions, expressions, and religious exercises of the endorsing faith group.”

added “(b)

added “(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.

added “(2) Paragraph (1) applies to the following offenses:

added “(A) An offense in violation of subsection (a) or (b) of section 920 (article 120(a) or (b)).

added “(B) Forcible sodomy under section 925 of this title (article 125).

added “(C) An attempt to commit an offense specified in subparagraph (A) or (B) that is punishable under section 880 of this title (article 80).”

added “856. Art. 56. Maximum and minimum limits”

added “(b) A general court-martial”

added “(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)).”

added Section 673(b) of title 10, United States Code, is amended by striking “The Secretaries of the military departments” and inserting “The Secretary concerned”.

added “674. Temporary administrative reassignment or removal of a member on active duty accused of committing a sexual assault or related offense

added “(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 assignment, not as a punitive measure, but solely for the purpose of maintaining good order and discipline within the member’s unit.

added “(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.”

added “1044e. Victims' Counsel for victims of sex-related offenses

added “(a) Designation; purposes—The Secretary concerned shall designate legal counsel (to be known as “Victims’ Counsel”) for the purpose of providing legal assistance to an individual eligible for military legal assistance under section 1044 of this title who is the victim of an alleged sex-related offense, regardless of whether the report of that offense is restricted or unrestricted.

added “(b) Types of legal assistance authorized—The types of legal assistance authorized by subsection (a) include the following:

added “(1) Legal consultation regarding potential criminal liability of the victim stemming from or in relation to the circumstances surrounding the alleged sex-related offense and the victim’s right to seek military defense services.

added “(2) Legal consultation regarding the Victim Witness Assistance Program, including—

added “(A) the rights and benefits afforded the victim;

added “(B) the role of the Victim Witness Assistance Program liaison and what privileges do or do not exist between the victim and the liaison; and

added “(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.

added “(3) Legal consultation regarding the responsibilities and support provided to the victim by the Sexual Assault Response Coordinator, a unit or installation Sexual Assault Victim Advocate or domestic abuse advocate, to include any privileges that may exist regarding communications between those persons and the victim.

added “(4) Legal consultation regarding the potential for civil litigation against other parties (other than the Department of Defense).

added “(5) Legal consultation regarding the military justice system, including—

added “(A) the roles and responsibilities of the trial counsel, the defense counsel, and investigators;

added “(B) any proceedings of the military justice process in which the victim may observe or participate as a witness or other party;

added “(C) the Government’s authority to compel cooperation and testimony; and

added “(D) the victim’s responsibility to testify, and other duties to the court.

added “(6) Accompanying the victim at any proceedings in connection with the reporting, military investigation, and military prosecution of the alleged sex-related offense.

added “(7) Legal consultation regarding—

added “(A) services available from appropriate agencies or offices for emotional and mental health counseling and other medical services;

added “(B) eligibility for and requirements for obtaining any available military and veteran benefits, such as transitional compensation benefits found in section 1059 of this title and other State and Federal victims’ compensation programs; and

added “(C) the availability of, and any protections offered by, civilian and military restraining orders.

added “(8) Legal consultation and assistance in personal civil legal matters in accordance with section 1044 of this title.

added “(9) Such other legal assistance as the Secretary 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).

added “(c) Qualifications—An individual may not be designated as a Victims’ Counsel under this section unless the individual—

added “(1) meets the qualifications specified in section 1044(d)(2) of this title; ; and

added “(2) is certified as competent to be designated as a Victims’ Counsel by the Judge Advocate General of the Armed Force in which the judge advocate is a member or by which the civilian attorney is employed.

added “(d) Administrative responsibility

added “(1) Consistent 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 Secretary, and within the Marine Corps the Staff Judge Advocate to the Commandant of the Marine Corps, is responsible for the establishment and supervision of individuals designated as Victims’ Counsel.

added “(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 periodic evaluation of the Victims’ Counsel programs operated under this section.

added “(e) Availability of victims’ counsel

added “(1) An individual eligible for military legal assistance under section 1044 of this title who is the victim of an alleged sex-related offense shall be offered the option of receiving assistance from a Victims’ Counsel upon report of an alleged sex-related offense or at the time the victim seeks assistance from a Sexual Assault Response Coordinator, a Sexual Assault Victim Advocate, a military criminal investigator, a victim/witness liaison, a trial counsel, a healthcare provider, or any other personnel designated by the Secretary concerned for purposes of this subsection.

added “(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 individual from subsequently requesting the assistance of a Victims’ Counsel.

added “(f) Alleged sex-related offense defined—In this section, the term “alleged sex-related offense” means any allegation of—

added “(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 Justice); or

added “(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 Military Justice).

added “(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.”

added 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 (articles 120 through 120c of the Uniform Code of Military Justice), sexual harassment, or”.

added Not later than 90 days 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 containing—

added 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—

added Section 860(b) of title 10, United States Code (article 60(b) of the Uniform Code of Military Justice), is amended—

added “(2)

added “(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 opportunity to submit matters for consideration by the convening 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 submission shall be made within 10 days after the complaining 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).

added “(B) If a complaining witness shows that additional time is required for submission of matters under subparagraph (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.

added “(C) In this paragraph, the term “complaining witness” 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).

added “(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.”

added “(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 recommendations, through the Secretary of Defense, to the Committees on Armed Services of the Senate and the House of Representatives. The panel shall terminate 30 days after submission of such report.”

added Section 2031(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:

added “(3) If a secondary educational institution in the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau otherwise meets the conditions imposed by subsection (b) on the establishment and maintenance of units of the Junior Reserve Officers’ Training Corps, the Secretary of a military department may establish and maintain a unit of the Junior Reserve Officers’ Training Corps at the secondary educational institution even though the secondary educational institution is not a United States secondary educational institution.”

added The Secretary of each military department shall conduct 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.

added “2015a. Civilian certifications and licenses: use of educational assistance for courses in pursuit of civilian certifications or licenses

added “(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 obtaining employment in an occupation or profession requiring 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—

added “(1) the successful completion of the curriculum fully qualifies a student to—

added “(A) take any examination required for entry into the occupation or profession, including satisfying any State or professionally mandated programmatic and specialized accreditation requirements; and

added “(B) be certified or licensed or meet any other academically related pre-conditions that are required for entry into the occupation or profession; and

added “(2) in the case of State licensing or professionally mandated requirements for entry into the occupation or profession that require specialized accreditation, the curriculum meets the requirement for specialized accreditation through its accreditation or pre-accreditation by an accrediting agency or association recognized by the Secretary of Education or designated by that State as a reliable authority as to the quality or training offered by the institution in that program.

added “(b) Covered educational assistance—The educational assistance specified in this subsection is educational assistance as follows:

added “(1) Educational assistance for members of the armed forces under section 2007 and 2015 of this title.

added “(2) Educational assistance for persons enlisting for active duty under chapter 106A of this title.

added “(3) Educational assistance for members of the armed forces held as captives under section 2183 of this title.

added “(4) Educational assistance for members of the Selected Reserve under chapter 1606 of this title.

added “(5) Educational assistance for reserve component members supporting contingency operations and other operations under chapter 1607 of this title.

added “(6) Such other educational assistance provided members of the armed force under the laws the administered by the Secretary of Defense or the Secretaries of the military departments as the Secretary of Defense shall designate for purposes of this section.”

added The Secretary of Defense may make grants to nonprofit organizations that provide services to improve the academic achievement of military dependent students, including those nonprofit organizations whose programs focus on improving the civic responsibility of military dependent students and their understanding of the Federal Government through direct exposure to the operations of the Federal Government.

added “(3) Any payments received by the Secretary of Defense 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.”

added “(b) Fraudulent representations about receipt of military decorations or medals—Whoever, with intent to obtain money, property, or other tangible benefit, fraudulently holds oneself out to be a recipient 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.”

added “(1) In general—If a decoration”

added “(2) Combat badge defined—In this subsection, the term “combat badge” means a Combat Infantryman’s Badge, Combat Action Badge, Combat Medical Badge, Combat Action Ribbon, or Combat Action Medal.”