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‘‘(ii) The comments on information of a person de-
scribed in clause (i)(II) shall be furnished to the special 
selection review board. 
‘‘(D) A person may waive either or both of the fol-
lowing: 
‘‘(i) The right to submit comments to a special 
selection review board under subparagraph (A)(ii). 
‘‘(ii) The furnishing of comments to a special se-
lection review board under subparagraph (C)(ii). 
‘‘(d) CONSIDERATION.—(1) In considering the record 
and information on a person under this section, the special 
selection review board shall compare such record and infor-
mation with an appropriate sampling of the records of those 
officers of the same competitive category who were rec-
ommended for promotion by the promotion board that rec-
ommended the person for promotion, and an appropriate 
sampling of the records of those officers who were considered 
by and not recommended for promotion by that promotion 
board. 
‘‘(2) Records and information shall be presented to a 
special selection review board for purposes of paragraph (1) 
in a manner that does not indicate or disclose the person 
or persons for whom the special selection review board was 
convened.
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† HR 6395 EAS 
‘‘(3) In considering whether the recommendation for 
promotion of a person should be sustained under this sec-
tion, a special selection review board shall, to the greatest 
extent practicable, apply standards used by the promotion 
board that recommended the person for promotion. 
‘‘(4) The recommendation for promotion of a person 
may be sustained under this section only if the special selec-
tion review board determines that the person— 
‘‘(A) ranks on an order of merit created by the 
special selection review board as better qualified for 
promotion than the sample officer highest on the order 
of merit list who was considered by and not rec-
ommended for promotion by the promotion board con-
cerned; and 
‘‘(B) is comparable in qualification for pro-
motion to those sample officers who were rec-
ommended for promotion by that promotion board. 
‘‘(5) A recommendation for promotion of a person may 
be sustained under this section only by a vote of a majority 
of the members of the special selection review board. 
‘‘(6) If a special selection review board does not sustain 
a recommendation for promotion of a person under this sec-
tion, the person shall be considered to have failed of selection 
for promotion.
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† HR 6395 EAS 
‘‘(e) REPORTS.—(1) Each special selection review 
board convened under this section shall submit to the Sec-
retary of the military department concerned a written re-
port, signed by each member of the board, containing the 
name of each person whose recommendation for promotion 
it recommends for sustainment and certifying that the 
board has carefully considered the record and information 
of each person whose name was referred to it. 
‘‘(2) The provisions of sections 14109(c), 14110, and 
14111 of this title apply to the report and proceedings of 
a special selection review board convened under this section 
in the same manner as they apply to the report and pro-
ceedings of a promotion board convened under section 
14101(a) of this title. 
‘‘(f) APPOINTMENT OF PERSONS.—(1) If the report of 
a special selection review board convened under this section 
recommends the sustainment of the recommendation for 
promotion to the next higher grade of a person whose name 
was referred to it for review under this section, and the 
President approves the report, the person shall, as soon as 
practicable, be appointed to that grade in accordance with 
section 14308 of this title. 
‘‘(2) A person who is appointed to the next higher 
grade as described in paragraph (1) shall, upon that ap-
pointment, have the same date of rank, the same effective
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† HR 6395 EAS 
date for the pay and allowances of that grade, and the same 
position on the reserve active-status list as the person would 
have had pursuant to the original recommendation for pro-
motion of the promotion board concerned. 
‘‘(g) REGULATIONS.—(1) The Secretary of Defense 
shall prescribe regulations to carry out this section. Such 
regulations shall apply uniformly across the military de-
partments. 
‘‘(2) Any regulation prescribed by the Secretary of a 
military department to supplement the regulations pre-
scribed pursuant to paragraph (1) may not take effect with-
out the approval of the Secretary of Defense, in writing. 
‘‘(h) PROMOTION BOARD DEFINED.—In this section, 
the term ‘promotion board ’means a selection board con-
vened by the Secretary of a military department under sec-
tion 14101(a) of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 1407 of such title is 
amended by inserting after the item relating to sec-
tion 14502 the following new item: 
‘‘14502a. Special selection review boards.’’. 
(3) DELAY
IN
PROMOTION.—Section 14311 of 
such title is amended— 
(A) in subsection (a)— 
(i) in paragraph (1), by adding at the 
end the following new subparagraph:
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† HR 6395 EAS 
‘‘(F) The Secretary of the military department 
concerned determines that credible information of ad-
verse nature, including a substantiated adverse find-
ing or conclusion described in section 14107(a)(3)(A) 
of this title, with respect to the officer will result in 
the convening of a special selection review board 
under section 14502a of this title to review the officer 
and recommend whether the recommendation for pro-
motion of the officer should be sustained.’’; and 
(ii) by adding at the end the following 
new paragraph: 
‘‘(2) In the case of an officer whose promotion is de-
layed pursuant to paragraph (1)(F) and whose rec-
ommendation for promotion is sustained, authorities for the 
promotion of the officer are specified in section 14502a(f) 
of this title.’’; and 
(B) in subsection (c), by adding at the end 
the following new paragraph: 
‘‘(3) Notwithstanding paragraphs (1) and (2), in the 
case of an officer whose promotion is delayed pursuant to 
subsection (a)(1)(F), requirements applicable to notice and 
opportunity for response to such delay are specified in sec-
tion 14502a(c)(3) of this title.’’.
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† HR 6395 EAS 
(c) REQUIREMENTS FOR FURNISHING ADVERSE IN-
FORMATION ON REGULAR OFFICERS TO PROMOTION SELEC-
TION BOARDS.— 
(1) EXTENSION
OF
REQUIREMENTS
TO
SPACE 
FORCE REGULAR OFFICERS.—Subparagraph (B)(i) of 
section 615(a)(3) of title 10, United States Code, is 
amended by striking ‘‘or, in the case of the Navy, 
lieutenant’’ and inserting ‘‘, in the case of the Navy, 
lieutenant, or in the case of the Space Force, the 
equivalent grade’’. 
(2) SATISFACTION OF REQUIREMENTS THROUGH 
SPECIAL SELECTION REVIEW BOARDS.—Such section 
is further amended by adding at the end the following 
new subparagraph: 
‘‘(D) With respect to the consideration of an officer for 
promotion to a grade at or below major general, in the case 
of the Navy, rear admiral, or, in the case of the Space Force, 
the equivalent grade, the requirements in subparagraphs 
(A) and (C) may be met through the convening and actions 
of a special selection review board with respect to the officer 
under section 628a of this title.’’. 
(3) DELAYED APPLICABILITY OF REQUIREMENTS 
TO BOARDS FOR PROMOTION OF OFFICERS TO NON- 
GENERAL
AND
FLAG
OFFICER
GRADES.—Subsection 
(c) of section 502 of the National Defense Authoriza-
227 
† HR 6395 EAS 
tion Act for Fiscal Year 2020 (Public Law 116–92) 
is amended to read as follows: 
‘‘(c) EFFECTIVE DATE AND APPLICABILITY.— 
‘‘(1) EFFECTIVE DATE.—The amendments made 
by this section shall take effect on December 20, 2019, 
and shall, except as provided in paragraph (2), apply 
with respect to the proceedings of promotion selection 
boards convened under section 611(a) of title 10, 
United States Code, after that date. 
‘‘(2) DELAYED APPLICABILITY FOR BOARDS FOR 
PROMOTION
TO
NON-GENERAL
AND
FLAG
OFFICER 
GRADES.—The amendments made this section shall 
apply with respect to the proceedings of promotion se-
lection boards convened under section 611(a) of title 
10, United States Code, for consideration of officers 
for promotion to a grade below the grade of brigadier 
general or, in the case of the Navy, rear admiral 
(lower half), only if such boards are so convened after 
January 1, 2021.’’. 
(d) REQUIREMENTS FOR FURNISHING ADVERSE IN-
FORMATION ON RESERVE OFFICERS TO PROMOTION SELEC-
TION BOARDS.—Section 14107(a)(3) of title 10, United 
States Code, is amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(3)’’;
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† HR 6395 EAS 
(2) in subparagraph (A), as designated by para-
graph (1), by striking ‘‘colonel, or, in the case of the 
Navy, captain’’ and inserting ‘‘lieutenant colonel, or, 
in the case of the Navy, commander’’; and 
(3) by adding at the end the following new sub-
paragraphs 
‘‘(B) The standards and procedures referred to in sub-
paragraph (A) shall require the furnishing to the selection 
board, and to each individual member of the board, the in-
formation described in that subparagraph with regard to 
an officer in a grade specified in that subparagraph at each 
stage or phase of the selection board, concurrent with the 
screening, rating, assessment, evaluation, discussion, or 
other consideration by the board or member of the official 
military personnel file of the officer, or of the officer. 
‘‘(C) With respect to the consideration of an officer for 
promotion to a grade at or below major general or, in the 
Navy, rear admiral, the requirements in subparagraphs (A) 
and (B) may be met through the convening and actions of 
a special selection board with respect to the officer under 
section 14502a of this title.’’.
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† HR 6395 EAS 
SEC. 505. NUMBER OF OPPORTUNITIES FOR CONSIDER-
ATION 
FOR 
PROMOTION 
UNDER 
ALTER-
NATIVE PROMOTION AUTHORITY. 
Section 649c of title 10, United States Code, is amend-
ed— 
(1) by redesignating subsection (d) as subsection 
(e); and 
(2) by inserting after subsection (c) the following 
new subsection (d): 
‘‘(d) INAPPLICABILITY OF REQUIREMENT RELATING 
TO
OPPORTUNITIES
FOR
CONSIDERATION
FOR
PRO-
MOTION.—Section 645(1)(A)(i)(I) of this title shall not 
apply to the promotion of officers described in subsection 
(a) to the extent that such section is inconsistent with a 
number of opportunities for promotion specified pursuant 
to section 649d of this title.’’. 
SEC. 506. MANDATORY RETIREMENT FOR AGE. 
(a) GENERAL RULE.—Subsection (a) of section 1251 
of title 10, United States Code, is amended— 
(1) by inserting ‘‘Space Force,’’ after ‘‘or Marine 
Corps,’’; and 
(2) by inserting ‘‘or separated, as specified in 
subsection (e),’’ after ‘‘shall be retired’’. 
(b) DEFERRED RETIREMENT
OR SEPARATION
OF 
HEALTH PROFESSIONS OFFICERS.—Subsection (b) of such 
section is amended—
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† HR 6395 EAS 
(1) in the subsection heading, by inserting ‘‘OR 
SEPARATION’’ after ‘‘RETIREMENT’’; and 
(2) in paragraph (1), by inserting ‘‘or separa-
tion’’ after ‘‘retirement’’. 
(c) DEFERRED RETIREMENT
OR SEPARATION
OF 
OTHER OFFICERS.—Subsection (c) of such section is 
amended— 
(1) in the subsection heading, by striking ‘‘OF 
CHAPLAINS’’ and inserting ‘‘OR
SEPARATION
OF 
OTHER OFFICERS’’; 
(2) by inserting ‘‘or separation’’ after ‘‘retire-
ment’’; and 
(3) by striking ‘‘an officer who is appointed or 
designated as a chaplain’’ and inserting ‘‘any officer 
other than a health professions officer described in 
subsection (b)(2)’’. 
(d) RETIREMENT OR SEPARATION BASED ON YEARS 
OF CREDITABLE SERVICE.—Such section is further amend-
ed by adding at the end the following new subsection: 
‘‘(e) RETIREMENT OR SEPARATION BASED ON YEARS 
OF CREDITABLE SERVICE.—The following rules shall apply 
to a regular commissioned officer who is to be retired or 
separated under subsection (a): 
‘‘(1) If the officer has at least 6 but fewer than 
20 years of creditable service, the officer shall be sepa-
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† HR 6395 EAS 
rated, with separation pay computed under section 
1174(d)(1) of this title. 
‘‘(2) If the officer has fewer than 6 years of cred-
itable service, the officer shall be separated under sub-
section (a).’’. 
SEC. 507. CLARIFYING AND IMPROVING RESTATEMENT OF 
RULES ON THE RETIRED GRADE OF COMMIS-
SIONED OFFICERS. 
(a) RESTATEMENT.— 
(1) IN GENERAL.—Chapter 69 of title 10, United 
States Code, is amended by striking section 1370 and 
inserting the following new sections: 
‘‘§ 1370. Regular commissioned officers 
‘‘(a) RETIREMENT IN HIGHEST GRADE IN WHICH 
SERVED SATISFACTORILY.— 
‘‘(1) IN GENERAL.—Unless entitled to a different 
retired grade under some other provision of law, a 
commissioned officer (other than a commissioned war-
rant officer) of the Army, Navy, Air Force, Marine 
Corps, or Space Force who retires under any provi-
sion of law other than chapter 61 or 1223 of this title 
shall be retired in the highest permanent grade in 
which such officer is determined to have served on ac-
tive duty satisfactorily.
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† HR 6395 EAS 
‘‘(2) DETERMINATION OF SATISFACTORY SERV-
ICE.—The determination of satisfactory service of an 
officer in a grade under paragraph (1) shall be made 
as follows: 
‘‘(A) By the Secretary of the military de-
partment concerned, if the officer is serving in a 
grade at or below the grade of major general, 
rear admiral in the Navy, or the equivalent 
grade in the Space Force. 
‘‘(B) By the Secretary of Defense, if the offi-
cer is serving or has served in a grade above the 
grade of major general, rear admiral in the 
Navy, or the equivalent grade in the Space 
Force. 
‘‘(3) EFFECT OF MISCONDUCT IN LOWER GRADE 
IN DETERMINATION.—If the Secretary of a military 
department or the Secretary of Defense, as applicable, 
determines that an officer committed misconduct in a 
lower grade than the retirement grade otherwise pro-
vided for the officer by this section— 
‘‘(A) such Secretary may deem the officer to 
have not served satisfactorily in any grade equal 
to or higher than such lower grade for purposes 
of determining the retirement grade of the officer 
under this section; and
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† HR 6395 EAS 
‘‘(B) the grade next lower to such lower 
grade shall be the retired grade of the officer 
under this section. 
‘‘(4) NATURE OF RETIREMENT OF CERTAIN RE-
SERVE
OFFICERS
AND
OFFICERS
IN
TEMPORARY 
GRADES.—A reserve officer, or an officer appointed to 
a position under section 601 of this title, who is noti-
fied that the officer will be released from active duty 
without the officer’s consent and thereafter requests 
retirement under section 7311, 8323, or 9311 of this 
title and is retired pursuant to that request is consid-
ered for purposes of this section to have been retired 
involuntarily. 
‘‘(5) NATURE OF RETIREMENT OF CERTAIN RE-
MOVED OFFICERS.—An officer retired pursuant to sec-
tion 1186(b)(1) of this title is considered for purposes 
of this section to have been retired voluntarily. 
‘‘(b) RETIREMENT OF OFFICERS RETIRING VOLUN-
TARILY.— 
‘‘(1) 
SERVICE-IN-GRADE
REQUIREMENT.—In 
order to be eligible for voluntary retirement under 
any provision of this title in a grade above the grade 
of captain in the Army, Air Force, or Marine Corps, 
lieutenant in the Navy, or the equivalent grade in the 
Space Force, a commissioned officer of the Army,
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† HR 6395 EAS 
Navy, Air Force, Marine Corps, or Space Force must 
have served on active duty in that grade for a period 
of not less than three years, except that— 
‘‘(A) subject to subsection (c), the Secretary 
of Defense may reduce such period to a period of 
not less than two years for any officer; and 
‘‘(B) in the case of an officer to be retired 
in a grade at or below the grade of major general 
in the Army, Air Force, or Marine Corps, rear 
admiral in the Navy, or an equivalent grade in 
the Space Force, the Secretary of Defense may 
authorize the Secretary of the military depart-
ment concerned to reduce such period to a period 
of not less than two years. 
‘‘(2) LIMITATION ON DELEGATION.—The author-
ity of the Secretary of Defense in subparagraph (A) 
of paragraph (1) may not be delegated. The authority 
of the Secretary of a military department in subpara-
graph (B) of paragraph (1), as delegated to such Sec-
retary pursuant to such subparagraph, may not be 
further delegated. 
‘‘(3) WAIVER OF REQUIREMENT.—Subject to sub-
section (c), the President may waive the application 
of the service-in-grade requirement in paragraph (1) 
to officers covered by that paragraph in individual
235 
† HR 6395 EAS 
cases involving extreme hardship or exceptional or 
unusual circumstances. The authority of the President 
under this paragraph may not be delegated. 
‘‘(4) LIMITATION ON REDUCTION OR WAIVER OF 
REQUIREMENT FOR OFFICERS UNDER INVESTIGATION 
OR PENDING MISCONDUCT.—In the case of an officer 
to be retired in a grade above the grade of colonel in 
the Army, Air Force, or Marine Corps, captain in the 
Navy, or the equivalent grade in the Space Force, the 
service-in-grade requirement in paragraph (1) may 
not be reduced pursuant to that paragraph, or waived 
pursuant to paragraph (3), while the officer is under 
investigation for alleged misconduct or while there is 
pending the disposition of an adverse personnel action 
against the officer. 
‘‘(5) GRADE AND FISCAL YEAR LIMITATIONS ON 
REDUCTION OR WAIVER OF REQUIREMENTS.—The ag-
gregate number of members of an armed force in a 
grade for whom reductions are made under para-
graph (1), and waivers are made under paragraph 
(3), in a fiscal year may not exceed— 
‘‘(A) in the case of officers to be retired in 
a grade at or below the grade of major in the 
Army, Air Force, or Marine Corps, lieutenant 
commander in the Navy, or the equivalent grade
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† HR 6395 EAS 
in the Space Force, the number equal to two per-
cent of the authorized active-duty strength for 
that fiscal year for officers of that armed force in 
that grade; 
‘‘(B) in the case of officers to be retired in 
the grade of lieutenant colonel or colonel in the 
Army, Air Force, or Marine Corps, commander 
or captain in the Navy, or an equivalent grade 
in the Space Force, the number equal to four 
percent of the authorized active-duty strength for 
that fiscal year for officers of that armed force in 
the applicable grade; or 
‘‘(C) in the case of officers to be retired in 
the grade of brigadier general or major general 
in the Army, Air Force, or Marine Corps, rear 
admiral (lower half) or rear admiral in the 
Navy, or an equivalent grade in the Space Force, 
the number equal to 10 percent of the authorized 
active-duty strength for that fiscal year for offi-
cers of that armed force in the applicable grade. 
‘‘(6) NOTICE TO CONGRESS ON REDUCTION OR 
WAIVER OF REQUIREMENTS FOR GENERAL, FLAG, AND 
EQUIVALENT OFFICER GRADES.—In the case of an of-
ficer to be retired in a grade that is a general or flag 
officer grade, or an equivalent grade in the Space
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† HR 6395 EAS 
Force, who is eligible to retire in that grade only by 
reason of an exercise of the authority in paragraph 
(1) to reduce the service-in-grade requirement in that 
paragraph, or the authority in paragraph (3) to 
waive that requirement, the Secretary of Defense or 
the President, as applicable, shall, not later than 60 
days prior to the date on which the officer will be re-
tired in that grade, notify the Committees on Armed 
Services of the Senate and the House of Representa-
tives of the exercise of the applicable authority with 
respect to that officer. 
‘‘(7) RETIREMENT IN NEXT LOWEST GRADE FOR 
OFFICERS NOT MEETING REQUIREMENT.—An officer 
described in paragraph (1) whose length of service in 
the highest grade held by the officer while on active 
duty does not meet the period of the service-in-grade 
requirement applicable to the officer under this sub-
section shall, subject to subsection (c), be retired in 
the next lower grade in which the officer served on ac-
tive duty satisfactorily, as determined by the Sec-
retary of the military department concerned or the 
Secretary of Defense, as applicable. 
‘‘(c) OFFICERS IN O–9 AND O–10 GRADES.— 
‘‘(1) IN
GENERAL.—An officer of the Army, 
Navy, Air Force, Marine Corps, or Space Force who
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† HR 6395 EAS 
is serving or has served in a position of importance 
and responsibility designated by the President to 
carry the grade of lieutenant general or general in the 
Army, Air Force, or Marine Corps, vice admiral or 
admiral in the Navy, or an equivalent grade in the 
Space Force under section 601 of this title may be re-
tired in such grade under subsection (a) only after the 
Secretary of Defense certifies in writing to the Presi-
dent and the Committees on Armed Services of the 
Senate and the House of Representatives that the offi-
cer served on active duty satisfactorily in such grade. 
‘‘(2) PROHIBITION
ON
DELEGATION.—The au-
thority of the Secretary of Defense to make a certifi-
cation with respect to an officer under paragraph (1) 
may not be delegated. 
‘‘(3) REQUIREMENTS IN CONNECTION WITH CER-
TIFICATION.—A certification with respect to an officer 
under paragraph (1) shall— 
‘‘(A) be submitted by the Secretary of De-
fense such that it is received by the President 
and the Committees on Armed Services of the 
Senate and the House of Representatives not 
later than 60 days prior to the date on which the 
officer will be retired in the grade concerned;
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† HR 6395 EAS 
‘‘(B) include an up-to-date copy of the mili-
tary biography of the officer; and 
‘‘(C) include the statement of the Secretary 
as to whether or not potentially adverse, adverse, 
or reportable information regarding the officer 
was considered by the Secretary in making the 
certification. 
‘‘(4) CONSTRUCTION WITH OTHER NOTICE.—In 
the case of an officer under paragraph (1) to whom 
a reduction in the service-in-grade requirement under 
subsection (b)(1) or waiver under subsection (b)(3) 
applies, the requirement for notification under sub-
section (b)(6) is satisfied if the notification is in-
cluded in the certification submitted by the Secretary 
of Defense under paragraph (1). 
‘‘(d) CONDITIONAL RETIREMENT GRADE AND RETIRE-
MENT
FOR OFFICERS PENDING INVESTIGATION
OR AD-
VERSE ACTION.— 
‘‘(1) IN GENERAL.—When an officer serving in a 
grade at or below the grade of major general in the 
Army, Air Force, or Marine Corps, rear admiral in 
the Navy, or an equivalent grade in the Space Force 
is under investigation for alleged misconduct or pend-
ing the disposition of an adverse personnel action at
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† HR 6395 EAS 
the time of retirement, the Secretary of the military 
department concerned may— 
‘‘(A) conditionally determine the highest 
permanent grade of satisfactory service on active 
duty of the officer pending completion of the in-
vestigation or resolution of the personnel action, 
as applicable; and 
‘‘(B) retire the officer in that conditional 
grade, subject to subsection (e). 
‘‘(2) OFFICERS IN O–9 AND O–10 GRADES.—When 
an officer described by subsection (c)(1) is under in-
vestigation for alleged misconduct or pending the dis-
position of an adverse personnel action at the time of 
retirement, the Secretary of Defense may— 
‘‘(A) conditionally determine the highest 
permanent grade of satisfactory service on active 
duty of the officer, pending completion of the in-
vestigation or personnel action, as applicable; 
and 
‘‘(B) retire the officer in that conditional 
grade, subject to subsection (e). 
‘‘(3) REDUCTION
OR
WAIVER
OF
SERVICE-IN- 
GRADE
REQUIREMENT
PROHIBITED
FOR
GENERAL, 
FLAG, AND EQUIVALENT OFFICER GRADES.—In condi-
tionally determining the retirement grade of an offi-
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† HR 6395 EAS 
cer under paragraph (1)(A) or (2)(A) of this sub-
section to be a grade above the grade of colonel in the 
Army, Air Force, or Marine Corps, captain in the 
Navy, or the equivalent grade in the Space Force, the 
service-in-grade requirement in subsection (b)(1) may 
not be reduced pursuant to subsection (b)(1) or 
waived pursuant to subsection (b)(3). 
‘‘(4) PROHIBITION
ON
DELEGATION.—The au-
thority of the Secretary of a military department 
under paragraph (1) may not be delegated. The au-
thority of the Secretary of Defense under paragraph 
(2) may not be delegated. 
‘‘(e) FINAL RETIREMENT GRADE FOLLOWING RESOLU-
TION OF PENDING INVESTIGATION OR ADVERSE ACTION.— 
‘‘(1) NO CHANGE FROM CONDITIONAL RETIRE-
MENT GRADE.—If the resolution of an investigation or 
personnel action with respect to an officer who has 
been retired in a conditional retirement grade pursu-
ant to subsection (d) results in a determination that 
the conditional retirement grade in which the officer 
was retired will not be changed, the conditional re-
tirement grade of the officer shall, subject to para-
graph (3), be the final retired grade of the officer. 
‘‘(2) CHANGE FROM CONDITIONAL RETIREMENT 
GRADE.—If the resolution of an investigation or per-
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† HR 6395 EAS 
sonnel action with respect to an officer who has been 
retired in a conditional retirement grade pursuant to 
subsection (d) results in a determination that the con-
ditional retirement grade in which the officer was re-
tired should be changed, the changed retirement grade 
shall be the final retired grade of the officer under 
this section, except that if the final retirement grade 
provided for an officer pursuant to this paragraph is 
the grade of lieutenant general or general in the 
Army, Air Force, or Marine Corps, vice admiral or 
admiral in the Navy, or an equivalent grade in the 
Space Force, the requirements in subsection (c) shall 
apply in connection with the retirement of the officer 
in such final retirement grade. 
‘‘(3) RECALCULATION OF RETIRED PAY.— 
‘‘(A) IN
GENERAL.—If the final retired 
grade of an officer is as a result of a change 
under paragraph (2), the retired pay of the offi-
cer under chapter 71 of this title shall be recal-
culated accordingly, with any modification of the 
retired pay of the officer to go into effect as of 
the date of the retirement of the officer. 
‘‘(B) PAYMENT
OF
HIGHER
AMOUNT
FOR 
PERIOD OF CONDITIONAL RETIREMENT GRADE.— 
If the recalculation of the retired pay of an offi-
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† HR 6395 EAS 
cer results in an increase in retired pay, the offi-
cer shall be paid the amount by which such in-
creased retired pay exceeded the amount of re-
tired pay paid the officer for retirement in the 
officer’s conditional grade during the period be-
ginning on the date of the retirement of the offi-
cer in such conditional grade and ending on the 
effective date of the change of the officer’s retired 
grade. For an officer whose retired grade is de-
termined pursuant to subsection (c), the effective 
date of the change of the officer’s retired grade 
for purposes of this subparagraph shall be the 
date that is 60 days after the date on which the 
Secretary of Defense submits to the Committees 
on Armed Services of the Senate and the House 
of Representatives the certification required by 
subsection (c) in connection with the retired 
grade of the officer. 
‘‘(C) RECOUPMENT
OF
OVERAGE
DURING 
PERIOD OF CONDITIONAL RETIREMENT GRADE.— 
If the recalculation of the retired pay of an offi-
cer results in a decrease in retired pay, there 
shall be recouped from the officer the amount by 
which the amount of retired pay paid the officer 
for retirement in the officer’s conditional grade
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† HR 6395 EAS 
exceeded such decreased retired pay during the 
period beginning on the date of the retirement of 
the officer in such conditional grade and ending 
on the effective date of the change of the officer’s 
retired grade. 
‘‘(f) FINALITY
OF
RETIRED
GRADE
DETERMINA-
TIONS.— 
‘‘(1) IN GENERAL.—Except for a conditional de-
termination authorized by subsection (d), a deter-
mination of the retired grade of an officer pursuant 
to this section is administratively final on the day the 
officer is retired, and may not be reopened, except as 
provided in paragraph (2). 
‘‘(2) REOPENING.—A final determination of the 
retired grade of an officer may be reopened as follows: 
‘‘(A) If the retirement or retired grade of the 
officer was procured by fraud. 
‘‘(B) If substantial evidence comes to light 
after the retirement that could have led to deter-
mination of a different retired grade under this 
section if known by competent authority at the 
time of retirement. 
‘‘(C) If a mistake of law or calculation was 
made in the determination of the retired grade.
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‘‘(D) If the applicable Secretary determines, 
pursuant to regulations prescribed by the Sec-
retary of Defense, that good cause exists to re-
open the determination of retired grade. 
‘‘(3) APPLICABLE SECRETARY.—For purposes of 
this subsection, the applicable Secretary for purposes 
of a determination or action specified in this sub-
section is— 
‘‘(A) the Secretary of the military depart-
ment concerned, in the case of an officer retired 
in a grade at or below the grade of major general 
in the Army, Air Force, or Marine Corps, rear 
admiral in the Navy, or the equivalent grade in 
the Space Force; or 
‘‘(B) the Secretary of Defense, in the case of 
an officer retired in a grade of lieutenant general 
or general in the Army, Air Force, or Marine 
Corps, vice admiral or admiral in the Navy, or 
an equivalent grade in the Space Force. 
‘‘(4) NOTICE AND LIMITATION.—If a final deter-
mination of the retired grade of an officer is reopened 
in accordance with paragraph (2), the applicable Sec-
retary— 
‘‘(A) shall notify the officer of the reopening; 
and
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‘‘(B) may not make an adverse determina-
tion on the retired grade of the officer until the 
officer has had a reasonable opportunity to re-
spond regarding the basis for the reopening of 
the officer’s retired grade. 
‘‘(5) ADDITIONAL
NOTICE
ON
REOPENING
FOR 
OFFICERS RETIRED IN O–9 AND O–10 GRADES.—If the 
determination of the retired grade of an officer whose 
retired grade was provided for pursuant to subsection 
(c) is reopened, the Secretary of Defense shall also no-
tify the President and the Committees on Armed 
Services of the Senate and the House of Representa-
tives. 
‘‘(6) MANNER OF MAKING OF CHANGE.—If the re-
tired grade of an officer is proposed to be changed 
through the reopening of the final determination of an 
officer’s retired grade under this subsection, the 
change in grade shall be made— 
‘‘(A) in the case of an officer whose retired 
grade is to be changed to a grade at or below the 
grade of major general in the Army, Air Force 
or Marine Corps, rear admiral in the Navy, or 
the equivalent grade in the Space Force, in ac-
cordance with subsections (a) and (b)—
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‘‘(i) by the Secretary of Defense (who 
may delegate such authority only as author-
ized by clause (ii)); or 
‘‘(ii) if authorized by the Secretary of 
Defense, by the Secretary of the military de-
partment concerned (who may not further 
delegate such authority); 
‘‘(B) in the case of an officer whose retired 
grade is to be changed to the grade of lieutenant 
general or general in the Army, Air Force, or 
Marine Corps, vice admiral or admiral in the 
Navy, or an equivalent grade in the Space Force, 
by the President, by and with the advice and 
consent of the Senate. 
‘‘(7) RECALCULATION OF RETIRED PAY.—If the 
final retired grade of an officer is changed through 
the reopening of the officer’s retired grade under this 
subsection, the retired pay of the officer under chapter 
71 of this title shall be recalculated. Any modification 
of the retired pay of the officer as a result of the 
change shall go into effect on the effective date of the 
change of the officer’s retired grade, and the officer 
shall not be entitled or subject to any changed amount 
of retired pay for any period before such effective 
date. An officer whose retired grade is changed as
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† HR 6395 EAS 
provided in paragraph (6)(B) shall not be entitled or 
subject to a change in retired pay for any period be-
fore the date on which the Senate provides advice and 
consent for the retirement of the officer in such grade. 
‘‘(g) HIGHEST PERMANENT GRADE DEFINED.—In this 
section, the term ‘highest permanent grade’ means a grade 
at or below the grade of major general in the Army, Air 
Force, or Marine Corps, rear admiral in the Navy, or an 
equivalent grade in the Space Force. 
‘‘§ 1370a. Officers entitled to retired pay for non-reg-
ular service 
‘‘(a) RETIREMENT IN HIGHEST GRADE HELD SATIS-
FACTORILY.—Unless entitled to a different grade, or to cred-
it for satisfactory service in a different grade under some 
other provision of law, a person who is entitled to retired 
pay under chapter 1223 of this title shall, upon application 
under section 12731 of this title, be credited with satisfac-
tory service in the highest permanent grade in which that 
person served satisfactorily at any time in the armed forces, 
as determined by the Secretary of the military department 
concerned in accordance with this section. 
‘‘(b) SERVICE-IN-GRADE REQUIREMENT FOR OFFICERS 
IN GRADES BELOW O–5.—In order to be credited with sat-
isfactory service in an officer grade (other than a warrant 
officer grade) below the grade of lieutenant colonel or com-
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† HR 6395 EAS 
mander (in the case of the Navy), a person covered by sub-
section (a) must have served satisfactorily in that grade (as 
determined by the Secretary of the military department 
concerned) as a reserve commissioned officer in an active 
status, or in a retired status on active duty, for not less 
than six months. 
‘‘(c) SERVICE-IN-GRADE REQUIREMENT FOR OFFICES 
IN GRADES ABOVE O–4.— 
‘‘(1) IN GENERAL.—In order to be credited with 
satisfactory service in an officer grade above major or 
lieutenant commander (in the case of the Navy), a 
person covered by subsection (a) must have served sat-
isfactorily in that grade (as determined by the Sec-
retary of the military department concerned) as a re-
serve commissioned officer in an active status, or in 
a retired status on active duty, for not less than three 
years. 
‘‘(2) SATISFACTION OF REQUIREMENT BY CER-
TAIN OFFICERS NOT COMPLETING THREE YEARS.—A 
person covered by paragraph (1) who has completed 
at least six months of satisfactory service in grade 
may be credited with satisfactory service in the grade 
in which serving at the time of transfer or discharge, 
notwithstanding failure of the person to complete 
three years of service in that grade, if the person is
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† HR 6395 EAS 
transferred from an active status or discharged as a 
reserve commissioned officer— 
‘‘(A) solely due to the requirements of a 
nondiscretionary provision of law requiring that 
transfer or discharge due to the person’s age or 
years of service; or 
‘‘(B) because the person no longer meets the 
qualifications for membership in the Ready Re-
serve solely because of a physical disability, as 
determined, at a minimum, by a medical evalua-
tion board and at the time of such transfer or 
discharge the person (pursuant to section 12731b 
of this title or otherwise) meets the service re-
quirements established by section 12731(a) of 
this title for eligibility for retired pay under 
chapter 1223 of this title, unless the disability is 
described in section 12731b of this title. 
‘‘(3) REDUCTION
IN
SERVICE-IN-GRADE
RE-
QUIREMENTS.— 
‘‘(A) OFFICERS IN GRADES BELOW GENERAL 
AND FLAG OFFICER GRADES.—In the case of a 
person to be retired in a grade below brigadier 
general or rear admiral (lower half) in the Navy, 
the Secretary of Defense may authorize the Sec-
retary of a military department to reduce, sub-
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† HR 6395 EAS 
ject to subparagraph (B), the three-year period of 
service-in-grade required by paragraph (1) to a 
period not less than two years. The authority of 
the Secretary of a military department under 
this subparagraph may not be delegated. 
‘‘(B) LIMITATION.—The number of reserve 
commissioned officers of an armed force in the 
same grade for whom a reduction is made under 
subparagraph (A) during any fiscal year in the 
period of service-in-grade otherwise required by 
paragraph (1) may not exceed the number equal 
to 2 percent of the strength authorized for that 
fiscal year for reserve commissioned officers of 
that armed force in an active status in that 
grade. 
‘‘(C) OFFICERS IN GENERAL AND FLAG OF-
FICERS GRADES.—The Secretary of Defense may 
reduce the three-year period of service-in-grade 
required by paragraph (1) to a period not less 
than two years for any person, including a per-
son who, upon transfer to the Retired Reserve or 
discharge, is to be credited with satisfactory serv-
ice in a general or flag officer grade under that 
paragraph. The authority of the Secretary of De-
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† HR 6395 EAS 
fense under this subparagraph may not be dele-
gated. 
‘‘(D) NOTICE TO CONGRESS ON REDUCTION 
IN SERVICE-IN-GRADE REQUIREMENTS FOR GEN-
ERAL AND FLAG OFFICER GRADES.—In the case 
of a person to be credited under this section with 
satisfactory service in a grade that is a general 
or flag officer grade who is eligible to be credited 
with such service in that grade only by reason 
of an exercise of authority in subparagraph (C) 
to reduce the three-year service-in-grade require-
ment otherwise applicable under paragraph (1), 
the Secretary of Defense shall, not later than 60 
days prior to the date on which the person will 
be credited with such satisfactory service in that 
grade, notify the Committees on Armed Services 
of the Senate and the House of Representatives 
of the exercise of authority in subparagraph (C) 
with respect to that person. 
‘‘(4) OFFICERS SERVING IN GRADES ABOVE O–6 
INVOLUNTARILY
TRANSFERRED
FROM
ACTIVE
STA-
TUS.—A person covered by paragraph (1) who has 
completed at least six months of satisfactory service 
in a grade above colonel or (in the case of the Navy) 
captain and, while serving in an active status in such
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† HR 6395 EAS 
grade, is involuntarily transferred (other than for 
cause) from active status may be credited with satis-
factory service in the grade in which serving at the 
time of such transfer, notwithstanding failure of the 
person to complete three years of service in that 
grade. 
‘‘(5) ADJUTANTS
AND
ASSISTANT
ADJUTANTS 
GENERAL.—If a person covered by paragraph (1) has 
completed at least six months of satisfactory service 
in grade, the person was serving in that grade while 
serving in a position of adjutant general required 
under section 314 of title 32 or while serving in a po-
sition of assistant adjutant general subordinate to 
such a position of adjutant general, and the person 
has failed to complete three years of service in that 
grade solely because the person’s appointment to such 
position has been terminated or vacated as described 
in section 324(b) of such title, the person may be 
credited with satisfactory service in that grade, not-
withstanding the failure of the person to complete 
three years of service in that grade. 
‘‘(6) OFFICERS RECOMMENDED FOR PROMOTION 
SERVING IN CERTAIN GRADE BEFORE PROMOTION.— 
To the extent authorized by the Secretary of the mili-
tary department concerned, a person who, after hav-
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† HR 6395 EAS 
ing been recommended for promotion in a report of 
a promotion board but before being promoted to the 
recommended grade, served in a position for which 
that grade is the minimum authorized grade may be 
credited for purposes of paragraph (1) as having 
served in that grade for the period for which the per-
son served in that position while in the next lower 
grade. The period credited may not include any pe-
riod before the date on which the Senate provides ad-
vice and consent for the appointment of that person 
in the recommended grade. 
‘‘(7) OFFICERS QUALIFIED FOR FEDERAL REC-
OGNITION SERVING IN CERTAIN GRADE BEFORE AP-
POINTMENT.—To the extent authorized by the Sec-
retary of the military department concerned, a person 
who, after having been found qualified for Federal 
recognition in a higher grade by a board under sec-
tion 307 of title 32, serves in a position for which 
that grade is the minimum authorized grade and is 
appointed as a reserve officer in that grade may be 
credited for the purposes of paragraph (1) as having 
served in that grade. The period of the service for 
which credit is afforded under the preceding sentence 
may be only the period for which the person served
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† HR 6395 EAS 
in the position after the Senate provides advice and 
consent for the appointment. 
‘‘(8) RETIREMENT IN NEXT LOWEST GRADE FOR 
OFFICERS NOT MEETING SERVICE-IN-GRADE REQUIRE-
MENTS.—A person whose length of service in the high-
est grade held does not meet the service-in-grade re-
quirements specified in this subsection shall be cred-
ited with satisfactory service in the next lower grade 
in which that person served satisfactorily (as deter-
mined by the Secretary of the military department 
concerned) for not less than six months. 
‘‘(d) OFFICERS IN O–9 AND O–10 GRADES.— 
‘‘(1) IN GENERAL.—A person covered by this sec-
tion in the Army, Navy, Air Force, or Marine Corps 
who is serving or has served in a position of impor-
tance and responsibility designated by the President 
to carry the grade of lieutenant general or general in 
the Army, Air Force, or Marine Corps, or vice admi-
ral or admiral in the Navy under section 601 of this 
title may be retired in such grade under subsection 
(a) only after the Secretary of Defense certifies in 
writing to the President and the Committees on 
Armed Services of the Senate and the House of Rep-
resentatives that the officer served satisfactorily in 
such grade.
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† HR 6395 EAS 
‘‘(2) PROHIBITION
ON
DELEGATION.—The au-
thority of the Secretary of Defense to make a certifi-
cation with respect to an officer under paragraph (1) 
may not be delegated. 
‘‘(3) REQUIREMENTS IN CONNECTION WITH CER-
TIFICATION.—A certification with respect to an officer 
under paragraph (1) shall— 
‘‘(A) be submitted by the Secretary of De-
fense such that it is received by the President 
and the Committees on Armed Services of the 
Senate and the House of Representatives not 
later than 60 days prior to the date on which the 
officer will be retired in the grade concerned; 
‘‘(B) include an up-to-date copy of the mili-
tary biography of the officer; and 
‘‘(C) include the statement of the Secretary 
as to whether or not potentially adverse, adverse, 
or reportable information regarding the officer 
was considered by the Secretary in making the 
certification. 
‘‘(4) CONSTRUCTION WITH OTHER NOTICE.—In 
the case of an officer under paragraph (1) who is eli-
gible to be credited with service in a grade only by 
reason of the exercise of the authority in subsection 
(c)(3)(C) to reduce the three-year service-in-grade re-
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† HR 6395 EAS 
quirement under subsection (c)(1), the requirement for 
notification under subsection (c)(3)(D) is satisfied if 
the notification is included in the certification sub-
mitted by the Secretary of Defense under paragraph 
(1). 
‘‘(e) CONDITIONAL RETIREMENT GRADE AND RETIRE-
MENT FOR OFFICERS UNDER INVESTIGATION FOR MIS-
CONDUCT OR PENDING ADVERSE PERSONNEL ACTION.— 
The retirement grade, and retirement, of a person covered 
by this section who is under investigation for alleged mis-
conduct or pending the disposition of an adverse personnel 
action at the time of retirement is as provided for by section 
1370(d) of this title. In the application of such section 
1370(d) for purposes of this subsection, any reference ‘active 
duty’ shall be deemed not to apply, and any reference to 
a provision of section 1370 of this title shall be deemed to 
be a reference to the analogous provision of this section. 
‘‘(f) FINAL RETIREMENT GRADE FOLLOWING RESOLU-
TION OF PENDING INVESTIGATION OR ADVERSE ACTION.— 
The final retirement grade under this section of a person 
described in subsection (e) following resolution of the inves-
tigation or personnel action concerned is the final retire-
ment grade provided for by section 1370(e) of this title. In 
the application of such section 1370(e) for purposes of this 
subsection, any reference to a provision of section 1370 of
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† HR 6395 EAS 
this title shall be deemed to be a reference to the analogous 
provision of this section. In the application of paragraph 
(3) of such section 1370e(e) for purposes of this subsection, 
the reference to ‘chapter 71’ of this title shall be deemed 
to be a reference to ‘chapter 1223 of this title’. 
‘‘(g) FINALITY
OF RETIRED GRADE DETERMINA-
TIONS.— 
‘‘(1) IN GENERAL.—Except for a conditional de-
termination authorized by subsection (e), a deter-
mination of the retired grade of a person pursuant to 
this section is administratively final on the day the 
person is retired, and may not be reopened. 
‘‘(2) REOPENING.—A determination of the re-
tired grade of a person may be reopened in accord-
ance with applicable provisions of section 1370(f) of 
this title. In the application of such section 1370(f) 
for purposes of this subsection, any reference to a pro-
vision of section 1370 of this title shall be deemed to 
be a reference to the analogous provision of this sec-
tion. In the application of paragraph (7) of such sec-
tion 1370(f) for purposes of this paragraph, the ref-
erence to ‘chapter 71 of this title’ shall be deemed to 
be a reference to ‘chapter 1223 of this title’. 
‘‘(h) HIGHEST PERMANENT GRADE DEFINED.—In this 
section, the term ‘highest permanent grade’ means a grade
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† HR 6395 EAS 
at or below the grade of major general in the Army, Air 
Force, or Marine Corps or rear admiral in the Navy.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 69 of title 10, 
United States Code, is amended by striking the item 
relating to section 1370 and inserting the following 
new items: 
‘‘1370. Regular commissioned officers. 
‘‘1370a. Officers entitled to retired pay for non-regular service.’’. 
(b) CONFORMING AND TECHNICAL AMENDMENTS TO 
RETIRED GRADE RULES FOR THE ARMED FORCES.— 
(1) RETIRED
PAY.—Title 10, United States 
Code, is amended as follows: 
(A) In section 1406(b)(2), by striking ‘‘sec-
tion 1370(d)’’ and inserting ‘‘section 1370a’’. 
(B) In section 1407(f)(2)(B), by striking 
‘‘by reason of denial of a determination or cer-
tification under section 1370’’ and inserting 
‘‘pursuant to section 1370 or 1370a’’. 
(2) ARMY.—Section 7341 of such title is amend-
ed— 
(A) by striking subsection (a) and inserting 
the following new subsection (a): 
‘‘(a)(1) The retired grade of a regular commissioned 
officer of the Army who retires other than for physical dis-
ability is determined under section 1370 of this title.
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† HR 6395 EAS 
‘‘(2) The retired grade of a reserve commissioned offi-
cer of the Army who retires other than for physical dis-
ability is determined under section 1370a of this title.’’; and 
(B) in subsection (b)— 
(i) by striking ‘‘he’’ and inserting ‘‘the 
member’’; and 
(ii) by striking ‘‘his’’ and inserting 
‘‘the member’s’’. 
(3) NAVY AND MARINE CORPS.—Such title is fur-
ther amended as follows: 
(A) In section 8262(a), by striking ‘‘sections 
689 and 1370’’ and inserting ‘‘section 689, and 
section 1370 or 1370a (as applicable),’’. 
(B) In section 8323(c), by striking ‘‘section 
1370 of this title’’ and inserting ‘‘section 1370 or 
1370a of this title, as applicable’’. 
(4) AIR
FORCE
AND
SPACE
FORCE.—Section 
9341 of such title is amended— 
(A) by striking subsection (a) and inserting 
the following new subsection (a): 
‘‘(a)(1) The retired grade of a regular commissioned 
officer of the Air Force or the Space Force who retires other 
than for physical disability is determined under section 
1370 of this title.
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† HR 6395 EAS 
‘‘(2) The retired grade of a reserve commissioned offi-
cer of the Air Force or the Space Force who retires other 
than for physical disability is determined under section 
1370a of this title.’’; and 
(B) in subsection (b)— 
(i) by inserting ‘‘or a Regular or Re-
serve of the Space Force’’ after ‘‘Air Force’’; 
(ii) by striking ‘‘he’’ and inserting ‘‘the 
member’’; and 
(iii) by striking ‘‘his’’ and inserting 
‘‘the member’s’’. 
(5) RESERVE OFFICERS.—Section 12771 of such 
title is amended— 
(A) in subsection (a), by striking ‘‘section 
1370(d)’’ and inserting ‘‘section 1370a of this 
title’’; and 
(B) in subsection (b)(1), by striking ‘‘sec-
tion 1370(d)’’ and inserting ‘‘section 1370a’’. 
(c) OTHER REFERENCES.—In the determination of the 
retired grade of a commissioned officer of the Armed Forces 
entitled to retired pay under chapter 1223 of title 10, 
United States Code, who retires after the date of the enact-
ment of this Act, any reference in a provision of law or 
regulation to section 1370 of title 10, United States Code, 
in such determination with respect to such officer shall be
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† HR 6395 EAS 
deemed to be a reference to section 1370a of title 10, United 
States Code (as amended by subsection (a)). 
SEC. 508. REPEAL OF AUTHORITY FOR ORIGINAL APPOINT-
MENT OF REGULAR NAVY OFFICERS DES-
IGNATED FOR ENGINEERING DUTY, AERO-
NAUTICAL ENGINEERING DUTY, AND SPECIAL 
DUTY. 
(a) REPEAL.—Section 8137 of title 10, United States 
Code, is repealed. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 815 of such title is amended by 
striking the item relating to section 8137. 
Subtitle B—Reserve Component 
Management 
SEC. 511. EXCLUSION OF CERTAIN RESERVE GENERAL AND 
FLAG OFFICERS ON ACTIVE DUTY FROM LIMI-
TATIONS ON AUTHORIZED STRENGTHS. 
(a) DUTY FOR CERTAIN RESERVE OFFICERS UNDER 
JOINT DUTY LIMITED EXCLUSION.—Subsection (b) of sec-
tion 526a of title 10, United States Code, is amended by 
adding at the end the following new paragraph: 
‘‘(3) DUTY FOR CERTAIN RESERVE OFFICERS.— 
Of the officers designated pursuant to paragraph (1), 
the Chairman of the Joint Chiefs of Staff may des-
ignate up to 15 general and flag officer positions in
263 
† HR 6395 EAS 
the unified and specified combatant commands, and 
up to three general and flag officer positions on the 
Joint Staff, as positions to be held only by reserve of-
ficers who are in a general or flag officer grade below 
lieutenant general or vice admiral. Each position so 
designated shall be considered to be a joint duty as-
signment position for purposes of chapter 38 of this 
title.’’. 
(b) RESERVE OFFICERS ON ACTIVE DUTY FOR TRAIN-
ING OR FOR LESS THAN 180 DAYS.—Such section is further 
amended— 
(1) by redesignating subsections (c) through (h) 
as subsections (d) through (i), respectively; and 
(2) by inserting after subsection (b) the following 
new subsection: 
‘‘(c) RESERVE OFFICERS ON ACTIVE DUTY FOR TRAIN-
ING OR FOR LESS THAN 180 DAYS.—The limitations of this 
section do not apply to a reserve general or flag officer 
who— 
‘‘(1) is on active duty for training; or 
‘‘(2) is on active duty under a call or order 
specifying a period of less than 180 days.’’.
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† HR 6395 EAS 
Subtitle C—General Service 
Authorities 
SEC. 516. INCREASED ACCESS TO POTENTIAL RECRUITS. 
(a) SECONDARY SCHOOLS.—Section 503(c)(1) of title 
10, United States Code, is amended— 
(1) in subparagraph (A)— 
(A) in clause (i), by striking ‘‘and’’ at the 
end; 
(B) in clause (ii), by striking ‘‘and tele-
phone listings,’’ and all that follows through the 
period at the end and inserting ‘‘electronic mail 
addresses, home telephone numbers, and mobile 
telephone numbers, notwithstanding subsection 
(a)(5)(B) or (b) of section 444 of the General 
Education Provisions Act (20 U.S.C. 1232g); 
and’’; and 
(C) by adding at the end the following new 
clause: 
‘‘(iii) shall provide information requested pursu-
ant to clause (ii) within a reasonable period of time, 
but in no event later than 60 days after the date of 
the request.’’; and 
(2) in subparagraph (B), by striking ‘‘and tele-
phone listing’’ and inserting ‘‘electronic mail address, 
home telephone number, or mobile telephone number’’.
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† HR 6395 EAS 
(b) INSTITUTIONS OF HIGHER EDUCATION.—Section 
983(b) of such title is amended— 
(1) in paragraph (1), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (2)— 
(A) in subparagraph (A), by striking ‘‘and 
telephone listings’’ and inserting ‘‘electronic mail 
addresses, home telephone numbers, and mobile 
telephone numbers, which information shall be 
made available not later than 60 days after the 
start of classes for the current semester or not 
later than 60 days after the date of a request, 
whichever is later’’; and 
(B) in subparagraph (B), by striking the 
period at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following new para-
graph: 
‘‘(3) access by military recruiters for purposes of 
military recruiting to lists of students (who are 17 
years of age or older) not returning to the institution 
after having been enrolled during the previous semes-
ter, together with student recruiting information and 
the reason why the student did not return, if collected 
by the institution.’’.
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† HR 6395 EAS 
SEC. 517. TEMPORARY AUTHORITY TO ORDER RETIRED 
MEMBERS TO ACTIVE DUTY IN HIGH-DEMAND, 
LOW-DENSITY ASSIGNMENTS DURING WAR OR 
NATIONAL EMERGENCY. 
Section 688a of title 10, United States Code, is amend-
ed— 
(1) by redesignating subsection (g) as subsection 
(h); and 
(2) by inserting after subsection (f) the following 
new subsection (g): 
‘‘(g) EXCEPTIONS DURING PERIODS OF WAR OR NA-
TIONAL EMERGENCY.—The limitations in subsections (c) 
and (f) shall not apply during a time of war or of national 
emergency declared by Congress or the President.’’. 
SEC. 518. CERTIFICATE OF RELEASE OR DISCHARGE FROM 
ACTIVE DUTY (DD FORM 214) MATTERS. 
(a) REDESIGNATION AS CERTIFICATE OF MILITARY 
SERVICE.— 
(1) IN GENERAL.—Department of Defense Form 
DD 214, the Certificate of Release or Discharge from 
Active Duty, is hereby redesignated as the Certificate 
of Military Service. 
(2) CONFORMING AMENDMENT.—Section 1168(a) 
of title 10, United States Code, is amended by strik-
ing ‘‘discharge certificate or certificate of release from
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† HR 6395 EAS 
active duty, respectively,’’ and inserting ‘‘Certificate 
of Military Serve’’. 
(3) REFERENCES.—Any reference in a law, regu-
lation, document, paper, or other record of the United 
States to Department of Defense Form DD 214, the 
Certificate of Release or Discharge from Active Duty, 
shall be deemed to be a reference to the Certificate of 
Military Service. 
(4) TECHNICAL
AMENDMENTS.—Such section 
1168(a) is further amended— 
(A) by striking ‘‘until his’’ and inserting 
‘‘until the member’s’’; 
(B) by striking ‘‘his final pay’’ and insert-
ing ‘‘the member’s final pay’’; and 
(C) by striking ‘‘him or his next of kin’’ 
and inserting ‘‘the member or the member’s next 
of kin’’. 
(5) EFFECTIVE DATES.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), this subsection and the 
amendments made by this subsection shall take 
effect on the date provided for in subsection (d) 
of section 569 of the National Defense Authoriza-
tion Act for Fiscal Year 2020 (Public Law 116–
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† HR 6395 EAS 
92), as redesignated by subsection (b)(1)(B) of 
this section. 
(B) 
TECHNICAL
AMENDMENTS.—The 
amendments made by paragraph (4) of this sub-
section shall take effect on the date of the enact-
ment of this Act. 
(b) ADDITIONAL REQUIREMENTS.— 
(1) IN GENERAL.—Section 569 of the National 
Defense Authorization Act for Fiscal Year 2020 is 
amended— 
(A) in subsection (a)— 
(i) by redesignating paragraphs (1) 
and (2) as paragraphs (2) and (4), respec-
tively; 
(ii) by inserting before paragraph (2), 
as redesignated by clause (i), the following 
new paragraph (1); 
‘‘(1) redesignate such form as the Certificate of 
Military Service;’’. 
(iii) in paragraph (2), as so redesig-
nated, by striking ‘‘and’’ at the end; and 
(iv) by inserting after paragraph (2), 
as so redesignated, the following new para-
graph:
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‘‘(3) provide for a standard total force record of 
military service for all members of the Armed Forces, 
including member of the reserve components, that 
summarizes the record of service for each member; 
and’’; 
(B) by redesignating subsections (b) and (c) 
as subsections (d) and (e), respectively; 
(C) by inserting after subsection (a) the fol-
lowing new subsections: 
‘‘(b) ISSUANCE TO RESERVES.—The Secretary of De-
fense shall provide for the issuance of the Certificate of Mili-
tary Service, as modified pursuant to subsection (a), to 
members of the reserve components of the Armed Forces at 
such times during their military service as is appropriate 
to facilitate their access to benefits under the laws adminis-
tered by the Secretary of Veterans Affairs. 
‘‘(c) COORDINATION.—In carrying out this section, the 
Secretary of Defense shall coordinate with the Secretary of 
Veterans Affairs to ensure that the Certificate of Military 
Service, as modified pursuant to subsection (a), is recog-
nized as the Certificate of Military Service referred to in 
section 1168(a) of title 10, United States Code, and for the 
purposes of establishing eligibility for applicable benefits 
under the laws administered by the Secretary of Veterans 
Affairs.’’; and
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(D) in subsection (d), as redesignated by 
subparagraph (B), by striking ‘‘a revised Certifi-
cate of Release or Discharge from Active Duty 
(DD Form 214), modified’’ and inserting ‘‘the 
Certificate of Military Service, as modified’’. 
(2) CONFORMING AMENDMENT.—The heading of 
such section 569 is amended to read as follows: 
‘‘SEC. 569. CERTIFICATE OF RELEASE OR DISCHARGE FROM 
ACTIVE DUTY (DD FORM 214) MATTERS.’’. 
(3) REPEAL OF SUPERSEDED REQUIREMENTS.— 
Section 570 of the National Defense Authorization Act 
for Fiscal Year 2020 is repealed. 
SEC. 519. EVALUATION OF BARRIERS TO MINORITY PAR-
TICIPATION 
IN 
CERTAIN 
UNITS 
OF 
THE 
ARMED FORCES. 
(a) FINDINGS.—Congress makes the following findings: 
(1) In 1999, the RAND Corporation issued a re-
port entitled ‘‘Barriers to Minority Participation in 
Special Operations Forces’’ that was sponsored by 
United States Special Operations Command. 
(2) In 2018, the RAND Corporation issued a re-
port entitles ‘‘Understanding Demographic Dif-
ferences in Undergraduate Pilot Training Attrition’’ 
that was sponsored by the Air Force.
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(3) No significant independent study has been 
performed by a federally funded research and develop-
ment center into increasing minority participation in 
the special operations forces since 1999. 
(b) STUDY REQUIRED.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall, acting through the Under Secretary of 
Defense for Personnel and Readiness, seek to enter 
into an agreement with a federally funded research 
and development center. 
(2) ELEMENTS.—The evaluation under para-
graph (1) shall include the following elements: 
(A) A description of the racial, ethnic, and 
gender composition of covered units. 
(B) A comparison of the participation rates 
of minority populations in covered units to par-
ticipation rates of the general population as 
members and as officers of the Armed Forces. 
(C) A comparison of the percentage of mi-
nority officers in the grade of O–7 or higher who 
have served in each covered unit to such percent-
age for all such officers in the Armed Force of 
that covered unit.
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(D) An identification of barriers to minor-
ity participation in the accession, assessment, 
and training processes. 
(E) The status and effectiveness of the re-
sponse to the recommendations contained in the 
report referred to in subsection (a)(1) and any 
follow-up recommendations. 
(F) Recommendations to increase the num-
bers of minority officers in the Armed Forces. 
(G) Recommendations to increase minority 
participation in covered units. 
(H) Any other matters the Secretary deter-
mines appropriate. 
(3) REPORT
TO
CONGRESS.—The Secretary 
shall— 
(A) submit to the congressional defense com-
mittees a report on the results of the study by 
not later than January 1, 2022; and 
(B) provide interim briefings to such com-
mittees upon request. 
(c) DESIGNATION.—The study conducted under sub-
section (b) shall be known as the ‘‘Study on Reducing Bar-
riers to Minority Participation in Elite Units in the Armed 
Services’’.
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(d) IMPLEMENTATION PLAN.—The Secretary shall sub-
mit to the congressional defense committees a report setting 
forth an implementation plan for the recommendations that 
the Secretary implements under this section, including— 
(1) the response of the Secretary to each such rec-
ommendation; 
(2) a summary of actions the Secretary has car-
ried out, or intends to carry out, to implement such 
recommendations, as appropriate; and 
(3) a schedule, with specific milestones, for com-
pleting the implementation of such recommendations. 
(e) COVERED UNITS DEFINED.—In this section, the 
term ‘‘covered units’’ means the following: 
(1) Any forces designated by the Secretary as 
special operations forces. 
(2) Air Force Combat Control Teams. 
(3) Air Force Pararescue. 
(4) Marine Corps Force Reconnaissance. 
(5) Coast Guard Deployable Operations Group. 
(6) Pilot and navigator military occupational 
specialties. 
SEC. 520. REPORTS ON DIVERSITY AND INCLUSION IN THE 
ARMED FORCES. 
(a) REPORT ON FINDINGS OF DEFENSE BOARD ON DI-
VERSITY AND INCLUSION IN THE MILITARY.—
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(1) IN GENERAL.—Upon the completion by the 
Defense Board on Diversity and Inclusion in the 
Military of its report on actionable recommendations 
to increase racial diversity and ensure equal oppor-
tunity across all grades of the Armed Forces, the Sec-
retary of Defense shall submit to the Committee on 
Armed Services of the Senate and the House of Rep-
resentatives a report on the report of the Defense 
Board, including the findings and recommendations 
of the Defense Board. 
(2) ELEMENTS.—The report required by para-
graph (1) shall include the following: 
(A) A comprehensive description of the find-
ings and recommendations of the Defense Board 
in its report referred to in paragraph (1). 
(B) A comprehensive description of any ac-
tionable recommendations of the Defense Board 
in its report. 
(C) A description of the actions proposed to 
be undertaken by the Secretary in connection 
with such recommendations, and a timeline for 
implementation of such actions. 
(D) A description of the resources used by 
the Defense Board for its report, and a descrip-
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† HR 6395 EAS 
tion and assessment of any shortfalls in such re-
sources for purposes of the Defense Board. 
(b) REPORT ON DEFENSE ADVISORY COMMITTEE ON 
DIVERSITY AND INCLUSION IN THE ARMED FORCES.— 
(1) IN GENERAL.—At the same time the Sec-
retary of Defense submits the report required by sub-
section (a), the Secretary shall also submit to the 
Committee on Armed Services of the Senate and the 
House of Representatives a report on the Defense Ad-
visory Committee on Diversity and Inclusion in the 
Armed Forces. 
(2) ELEMENTS.—The report required by para-
graph (1) shall include the following: 
(A) The mission statement or purpose of the 
Advisory Committee, and any proposed objectives 
and goals of the Advisory Committee. 
(B) A description of current members of the 
Advisory Committee and the criteria used for se-
lecting members. 
(C) A description of the duties and scope of 
activities of the Advisory Committee. 
(D) The reporting structure of the Advisory 
Committee. 
(E) An estimate of the annual operating 
costs and staff years of the Advisory Committee.
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(F) An estimate of the number and fre-
quency of meetings of the Advisory Committee. 
(G) Any subcommittees, established or pro-
posed, that would support the Advisory Com-
mittee. 
(H) Such recommendations for legislative or 
administrative action as the Secretary considers 
appropriate to extend the term of the Advisory 
Committee beyond the proposed termination date 
of the Advisory Committee. 
(c) REPORT ON CURRENT DIVERSITY AND INCLUSION 
IN THE ARMED FORCES.— 
(1) IN GENERAL.—At the same time the Sec-
retary of Defense submits the reports required by sub-
sections (a) and (b), the Secretary shall also submit 
to the Committee on Armed Services of the Senate 
and the House of Representatives a report on current 
diversity and inclusion in the Armed Forces. 
(2) ELEMENTS.—The report required by para-
graph (1) shall include the following: 
(A) An identification of the current racial, 
ethnic, and sex composition of each Armed Force 
generally.
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† HR 6395 EAS 
(B) An identification of the current racial, 
ethnic, and sex composition of each Armed Force 
by grade. 
(C) A comparison of the participation rates 
of minority populations in officer grades, war-
rant officer grades, and enlisted member grades 
in each Armed Force with the percentage of such 
populations among the general population. 
(D) A comparison of the participation rates 
of minority populations in each career field in 
each Armed Force with the percentage of such 
populations among the general population. 
(E) A comparison among the Armed Forces 
of the percentage of minority populations in each 
officer grade above grade O–4. 
(F) A comparison among the Armed Forces 
of the percentage of minority populations in each 
enlisted grade above grade E–6. 
(G) A description and assessment of bar-
riers to minority participation in the Armed 
Forces in connection with accession, assessment, 
and training. 
(d) SENSE OF SENATE ON DEFENSE ADVISORY COM-
MITTEE ON DIVERSITY AND INCLUSION IN THE ARMED 
FORCES.—It is the sense of the Senate that the Defense Ad-
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† HR 6395 EAS 
visory Committee on Diversity and Inclusion in the Armed 
Forces— 
(1) should consist of diverse group of individuals, 
including— 
(A) a general or flag officer from each reg-
ular component of the Armed Forces; 
(B) a retired general or flag officer from not 
fewer than two of the Armed Forces; 
(C) a regular officer of the Armed Forces in 
a grade O–5 or lower; 
(D) a regular enlisted member of the Armed 
Forces in a grade E–7 or higher; 
(E) a regular enlisted member of the Armed 
Forces in a grade E–6 or lower; 
(F) a member of a reserve component of the 
Armed Forces in any grade; 
(G) a member of the Department of Defense 
civilian workforce; 
(H) an member of the academic community 
with expertise in diversity studies; and 
(I) an individual with appropriate exper-
tise in diversity and inclusion; 
(2) should include individuals from a variety of 
military career paths, including— 
(A) aviation;
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† HR 6395 EAS 
(B) special operations; 
(C) intelligence; 
(D) cyber; 
(E) space; and 
(F) surface warfare; 
(3) should have a membership such that not 
fewer than 20 percent of members possess— 
(A) a firm understanding of the role of 
mentorship and best practices in finding and 
utilizing mentors; 
(B) experience and expertise in change of 
culture of large organizations; or 
(C) experience and expertise in implementa-
tion science; and 
(4) should focus on objectives that address— 
(A) barriers to promotion within the Armed 
Forces, including development of recommenda-
tions on mechanisms to enhance and increase ra-
cial diversity and ensure equal opportunity 
across all grades in the Armed Forces; 
(B) participation of minority officers and 
senior noncommissioned officers in the Armed 
Forces, including development of recommenda-
tions on mechanisms to enhance and increase 
such participation;
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† HR 6395 EAS 
(C) recruitment of minority candidates for 
innovative pre-service programs in the Junior 
Reserve Officers’ Training Corps (JROTC), Sen-
ior Reserve Officers’ Training Corps (SROTC), 
and military service academies, including pro-
grams in connection with flight instruction, spe-
cial operations, and national security, including 
development of recommendations on mechanisms 
to enhance and increase such recruitment; 
(D) retention of minority individuals in 
senior leadership and mentorship positions in 
the Armed Forces, including development of rec-
ommendations on mechanisms to enhance and 
increase such retention; and 
(E) achievement of cultural and ethnic di-
versity in recruitment for the Armed Forces, in-
cluding development of recommendations on 
mechanisms to enhance and increase such diver-
sity in recruitment.
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Subtitle D—Military Justice and 
Related Matters 
PART I—INVESTIGATION, PROSECUTION, AND DE-
FENSE OF SEXUAL ASSAULT AND RELATED 
MATTERS 
SEC. 521. MODIFICATION OF TIME REQUIRED FOR EXPE-
DITED DECISIONS IN CONNECTION WITH AP-
PLICATIONS FOR CHANGE OF STATION OR 
UNIT TRANSFER OF MEMBERS WHO ARE VIC-
TIMS OF SEXUAL ASSAULT OR RELATED OF-
FENSES. 
(a) IN GENERAL.—Section 673(b) of title 10, United 
States Code, is amended by striking ‘‘72 hours’’ both places 
it appears and inserting ‘‘five calendar days’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on the date of the enactment 
of this Act, and shall apply to decisions on applications 
for permanent change of station or unit transfer made 
under section 673 of title 10, United States Code, on or 
after that date. 
SEC. 522. DEFENSE ADVISORY COMMITTEE FOR THE PRE-
VENTION OF SEXUAL MISCONDUCT. 
Section 550B of the National Defense Authorization 
Act for Fiscal Year 2020 (Public Law 116–92) is amend-
ed—
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† HR 6395 EAS 
(1) in subsection (c)(1)(B), by inserting ‘‘, in-
cluding the United States Coast Guard Academy,’’ 
after ‘‘academy’’; 
(2) by redesignating subsections (d), (e), and (f) 
as subsections (e), (f), and (g), respectively; 
(3) by inserting after subsection (c) the following 
new subsection (d): 
‘‘(d) ADVISORY DUTIES
ON COAST GUARD ACAD-
EMY.—In providing advice under subsection (c)(1)(B), the 
Advisory Committee shall also advise the Secretary of the 
Department in which the Coast Guard is operating in ac-
cordance with this section on policies, programs, and prac-
tices of the United States Coast Guard Academy.’’; and 
(4) in subsection (e) and paragraph (2) of sub-
section (g), as redesignated by paragraph (2) of this 
section, by striking ‘‘the Committees on Armed Serv-
ices of the Senate and the House of Representatives’’ 
each place it appears and inserting ‘‘the Committees 
on Armed Services and Commerce, Science, and 
Transportation of the Senate and the Committees on 
Armed Services and Transportation and Infrastruc-
ture of the House of Representatives’’.
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SEC. 523. REPORT ON ABILITY OF SEXUAL ASSAULT RE-
SPONSE COORDINATORS AND SEXUAL AS-
SAULT PREVENTION AND RESPONSE VICTIM 
ADVOCATES TO PERFORM DUTIES. 
(a) SURVEY.— 
(1) IN GENERAL.—Not later than June 30, 2021, 
the Secretary of Defense shall conduct a survey re-
garding the ability of Sexual Assault Response Coor-
dinators and Sexual Assault Prevention and Response 
Victim Advocates to perform their duties. 
(2) ELEMENTS.—The survey required under 
paragraph (1) shall assess— 
(A) the current state of support provided to 
Sexual Assault Response Coordinators and Sex-
ual Assault Prevention and Response Victim Ad-
vocates, including— 
(i) perceived professional or other re-
prisal or retaliation; and 
(ii) access to sufficient physical and 
mental health services as a result of the na-
ture of their work; 
(B) the ability of Sexual Assault Response 
Coordinators and Sexual Assault Prevention and 
Response Victim Advocates to contact and access 
their installation commander or unit com-
mander;
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† HR 6395 EAS 
(C) the ability of Sexual Assault Response 
Coordinators and Sexual Assault Prevention and 
Response Victim Advocates to contact and access 
the immediate commander of victims and alleged 
offenders; 
(D) the responsiveness and receptiveness of 
commanders to the Sexual Assault Response Co-
ordinators; 
(E) the support and services provided to 
victims of sexual assault; 
(F) the understanding of others of the proc-
ess and their willingness to assist; 
(G) the adequacy of the training received by 
Sexual Assault Response Coordinators and Sex-
ual Assault Prevention and Response Victim Ad-
vocates to effectively perform their duties; and 
(H) any other factors affecting the ability of 
Sexual Assault Response Coordinators and Sex-
ual Assault Prevention and Response Victim Ad-
vocates to perform their duties. 
(b) REPORT.—Upon completion of the survey required 
under subsection (a), the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and the 
House of Representatives a report on the results of the sur-
vey and any actions to be taken as a result of the survey.
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SEC. 524. BRIEFING ON SPECIAL VICTIMS’ COUNSEL PRO-
GRAM. 
(a) BRIEFING REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Judge Advo-
cates General of the Army, the Navy, the Air Force, and 
the Coast Guard, and the Staff Judge Advocate to the Com-
mandant of the Marine Corps shall each provide to the con-
gressional defense committees a briefing on the status of the 
Special Victims’ Counsel program of the Armed Force con-
cerned. 
(b) ELEMENTS.—Each briefing under subsection (a) 
shall include, with respect to the Special Victims Counsel 
program of the Armed Force concerned, the following: 
(1) An assessment of whether the Armed Force is 
in compliance with the provisions of the National De-
fense Authorization Act for Fiscal Year 2020 (Public 
Law 116–92) relating to the Special Victims Counsel 
program and, if not, what steps have been taken to 
achieve compliance with such provisions. 
(2) An estimate of the average caseload of each 
Special Victims’ Counsel. 
(3) A description of any staffing shortfalls in the 
Special Victims’ Counsel program or other programs 
of the Armed Force resulting from the additional re-
sponsibilities required of the Special Victims’ Counsel
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† HR 6395 EAS 
program under the National Defense Authorization 
Act for Fiscal Year 2020. 
(4) An explanation of the ability of Special Vic-
tims’ Counsel to adhere to requirement that a counsel 
respond to a request for services within 72 hours of 
receiving such request. 
(5) An assessment of the feasibility of providing 
cross-service Special Victims’ Counsel representation 
in instances where a Special Victims’ Counsel from a 
different Armed Force is co-located with a victim at 
a remote base. 
SEC. 525. ACCOUNTABILITY OF LEADERSHIP OF THE DE-
PARTMENT OF DEFENSE FOR DISCHARGING 
THE SEXUAL HARASSMENT POLICIES AND 
PROGRAMS OF THE DEPARTMENT. 
(a) STRATEGY ON HOLDING LEADERSHIP ACCOUNT-
ABLE REQUIRED.—The Secretary of Defense shall develop 
and implement Department of Defense-wide a strategy to 
hold individuals in positions of leadership in the Depart-
ment (including members of the Armed Forces and civil-
ians) accountable for the promotion, support, and enforce-
ment of the policies and programs of the Department on 
sexual harassment. 
(b) OVERSIGHT FRAMEWORK.—
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† HR 6395 EAS 
and the House of Representatives a report on the actions 
taken to carry out this section, including the strategy devel-
oped and implemented pursuant to subsection, and the over-
sight framework developed and implemented pursuant to 
subsection (b). 
SEC. 526. SAFE-TO-REPORT POLICY APPLICABLE ACROSS 
THE ARMED FORCES. 
(a) IN GENERAL.—The Secretary of Defense shall, in 
consultation with the Secretaries of the military depart-
ments, prescribe in regulations a safe-to-report policy de-
scribed in subsection (b) that applies with respect to all 
members of the Armed Forces (including members of the re-
serve components of the Armed Forces) and cadets and mid-
shipmen at the military service academies. 
(b) SAFE-TO-REPORT POLICY.—The safe-to-report pol-
icy described in this subsection is a policy that prescribes 
the handling of minor collateral misconduct involving a 
member of the Armed Forces who is the alleged victim of 
sexual assault. 
(c) AGGRAVATING CIRCUMSTANCES.—The regulations 
under subsection (a) shall specify aggravating cir-
cumstances that increase the gravity of minor collateral 
misconduct or its impact on good order and discipline for 
purposes of the safe-to-report policy.
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† HR 6395 EAS 
(d) TRACKING OF COLLATERAL MISCONDUCT INCI-
DENTS.—In conjunction with the issuance of regulations 
under subsection (a), Secretary shall develop and imple-
ment a process to track incidents of minor collateral mis-
conduct that are subject to the safe-to-report policy. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘Armed Forces’’ has the meaning 
given that term in section 101(a)(4) of title 10, 
United States Code, except such term does not include 
the Coast Guard. 
(2) The term ‘‘military service academy’’ means 
the following: 
(A) The United States Military Academy. 
(B) The United States Naval Academy. 
(C) The United States Air Force Academy. 
(3) The term ‘‘minor collateral misconduct’’ 
means any minor misconduct that is potentially pun-
ishable under chapter 47 of title 10, United States 
Code (the Uniform Code of Military Justice), that— 
(A) is committed close in time to or during 
the sexual assault, and directly related to the in-
cident that formed the basis of the sexual assault 
allegation;
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† HR 6395 EAS 
(B) is discovered as a direct result of the re-
port of sexual assault or the ensuing investiga-
tion into the sexual assault; and 
(C) does not involve aggravating cir-
cumstances (as specified in the regulations pre-
scribed under subsection (c)) that increase the 
gravity of the minor misconduct or its impact on 
good order and discipline. 
SEC. 527. ADDITIONAL BASES FOR PROVISION OF ADVICE 
BY THE DEFENSE ADVISORY COMMITTEE FOR 
THE PREVENTION OF SEXUAL MISCONDUCT. 
Section 550B(c)(2) of the National Defense Authoriza-
tion Act for Fiscal Year 2020 (Public Law 116–92) is 
amended— 
(1) by redesignating subparagraph (C) as sub-
paragraph (E); and 
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraphs: 
‘‘(C) Efforts among private employers to 
prevent sexual assault and sexual harassment 
among their employees. 
‘‘(D) Evidence-based studies on the preven-
tion of sexual assault and sexual harassment in 
the Armed Forces, institutions of higher edu-
cation, and the private sector.’’.
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† HR 6395 EAS 
SEC. 528. ADDITIONAL MATTERS FOR REPORTS OF THE DE-
FENSE ADVISORY COMMITTEE FOR THE PRE-
VENTION OF SEXUAL MISCONDUCT. 
Section 550B(d) of the National Defense Authorization 
Act for Fiscal Year 2020 (Public Law 116–92) is amended 
by adding at the end the following: ‘‘The report shall in-
clude the following: 
‘‘(1) A description and assessment of the extent 
and effectiveness of the inclusion by the Armed Forces 
of sexual assault prevention and response training in 
leader professional military education (PME), espe-
cially in such education for personnel in junior non-
commissioned officer grades. 
‘‘(2) An assessment of the feasibility of— 
‘‘(A) the screening of recruits before entry 
into military service for prior incidents of sexual 
assault and harassment, including through back-
ground checks; and 
‘‘(B) the administration of screening tests to 
recruits to assess recruit views and beliefs on 
equal opportunity, and whether such views and 
beliefs are compatible with military service. 
‘‘(3) An assessment of the feasibility of con-
ducting exit interviews of members of the Armed 
Forces upon their discharge release from the Armed 
Forces in order to determine whether they experienced
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† HR 6395 EAS 
or witnessed sexual assault or harassment during 
military service and did not report it, and an assess-
ment of the feasibility of combining such exit inter-
views with the Catch a Serial Offender (CATCH) 
Program of the Department of Defense. 
‘‘(4) An assessment whether the sexual assault re-
porting databases of the Department are sufficiently 
anonymized to ensure privacy while still providing 
military leaders with the information as follows: 
‘‘(A) The approximate length of time the 
victim and the assailant had been at the duty 
station at which the sexual assault occurred. 
‘‘(B) The percentage of sexual assaults oc-
curring while the victim or assailant were on 
temporary duty, leave, or otherwise away from 
their permanent duty station. 
‘‘(C) The number of sexual assaults that in-
volve an abuse of power by a commander or su-
pervisor.’’. 
SEC. 529. POLICY ON SEPARATION OF VICTIM AND AC-
CUSED AT MILITARY SERVICE ACADEMIES 
AND 
DEGREE-GRANTING 
MILITARY 
EDU-
CATIONAL INSTITUTIONS. 
(a) IN GENERAL.—The Secretary of Defense shall, in 
consultation with the Secretaries of the military depart-
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† HR 6395 EAS 
ments, the Superintendent of each military service acad-
emy, and the head of each degree-granting military edu-
cational institution, prescribe in regulations a policy under 
which association between a cadet or midshipman of a mili-
tary service academy, or a member of the Armed Forces 
enrolled in a degree-granting military educational institu-
tion, who is the alleged victim of a sexual assault and the 
accused is minimized while both parties complete their 
course of study at the academy or institution concerned. 
(b) ELEMENTS.—The Secretary of Defense shall ensure 
that the policy developed under subsection (a)— 
(1) is fair to the both the alleged victim and the 
accused; 
(2) provides for the confidentiality of the parties 
involved; 
(3) provide that notice of the policy, including 
the elements of the policy and the right to opt out of 
coverage by the policy, is provided to the alleged vic-
tim upon the making of an allegation of a sexual as-
sault covered by the policy; and 
(4) provide an alleged victim the right to opt out 
of coverage by the policy in connection with such sex-
ual assault. 
(c) MILITARY SERVICE ACADEMY DEFINED.—The term 
‘‘military service academy’’ means the following:
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† HR 6395 EAS 
(1) The United States Military Academy. 
(2) The United States Naval Academy. 
(3) The United States Air Force Academy. 
(4) The United States Coast Guard Academy. 
SEC. 530. BRIEFING ON PLACEMENT OF MEMBERS OF THE 
ARMED FORCES IN ACADEMIC STATUS WHO 
ARE VICTIMS OF SEXUAL ASSAULT ONTO 
NON-RATED PERIODS. 
Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Defense shall brief the Commit-
tees on Armed Services of the Senate and the House of Rep-
resentatives on the feasibility and advisability, and current 
practice (if any), of the Department of Defense of granting 
requests by members of the Armed Forces who are in aca-
demic status (whether at the military service academies or 
in developmental education programs) and who are victims 
of sexual assault to be placed on a Non-Rated Period for 
their performance report.
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† HR 6395 EAS 
PART II—OTHER MILITARY JUSTICE MATTERS 
SEC. 531. RIGHT TO NOTICE OF VICTIMS OF OFFENSES 
UNDER THE UNIFORM CODE OF MILITARY 
JUSTICE REGARDING CERTAIN POST-TRIAL 
MOTIONS, FILINGS, AND HEARINGS. 
Section 806b(a)(2) of title 10, United States Code (ar-
ticle 6b(a)(2)) of the Uniform Code of Military Justice), is 
amended— 
(1) by redesignating subparagraphs (D) and (E) 
as subparagraphs (E) and (F), respectively; and 
(2) by inserting after subparagraph (C) the fol-
lowing new subparagraph (D): 
‘‘(D) A post-trial motion, filing, or hearing 
that may address the finding or sentence of a 
court-martial with respect to the accused, unseal 
privileged or private information of the victim, 
or result in the release of the accused.’’. 
SEC. 532. CONSIDERATION OF THE EVIDENCE BY COURTS 
OF CRIMINAL APPEALS. 
(a) IN GENERAL.—Section 866 of title 10, United 
States Code (article 66 of the Uniform Code of Military Jus-
tice), is amended— 
(1) by redesignating subsections (e) through (j) 
as subsections (f) through (k), respectively; and 
(2) by inserting after subsection (d) the following 
new subsection (e):
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† HR 6395 EAS 
‘‘(e) CONSIDERATION OF THE EVIDENCE.— 
‘‘(1) IN GENERAL.—In an appeal of a finding of 
guilty under subsection (b), the Court of Criminal 
Appeals, upon request of the accused, may consider 
the weight of the evidence upon a specific showing by 
the accused of deficiencies in proof. The Court may 
set aside and dismiss a finding if clearly convinced 
that the finding was against the weight of the evi-
dence. The Court may affirm a lesser finding. A re-
hearing may not be ordered. 
‘‘(2) DEFERENCE
IN
CONSIDERATION.—When 
considering a case under subsection (b), the Court 
may weigh the evidence and determine controverted 
questions of fact, subject to— 
‘‘(A) appropriate deference to the fact that 
the court-martial saw and heard the witnesses 
and other evidence; and 
‘‘(B) appropriate deference to findings of 
fact entered into the record by the military 
judge.’’. 
(b) ADDITIONAL
QUALIFICATIONS
OF
APPELLATE 
MILITARY JUDGES.—Subsection (a) of such section (article) 
is amended— 
(1) by inserting ‘‘(1)’’ before ‘‘Each judge’’; and
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(2) by adding at the end the following new para-
graph: 
‘‘(2)(A) In addition to any other qualifications speci-
fied in paragraph (1), any commissioned officer assigned 
as an appellate military judge to a Court of Criminal Ap-
peals shall have not fewer than 12 years of experience in 
military justice assignments before such assignment, and 
any civilian so assigned shall have not fewer than 12 years 
as a judge or criminal trial attorney before such assign-
ment. 
‘‘(B) A Judge Advocate General may waive the re-
quirement in subparagraph (A) in connection with the as-
signment of an officer or civilian as an appellate military 
judge of a Court of Criminal Appeals if the Judge Advocate 
General determines that compliance with the requirement 
in the assignment of appellate military judges to a Court 
of Criminal Appeals will impair the ability of the Court 
to hear and decide appeals in a timely manner. 
‘‘(C) Not later than 120 days after waiving the re-
quirement in subparagraph (A) pursuant to subparagraph 
(B), the Judge Advocate General shall notify the congres-
sional defense committees of the waiver, and include with 
the notice an explanation for the shortage of appellate mili-
tary judges and a plan for addressing such shortage.’’.
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(c) REVIEW BY FULL COURT OF FINDING OF CONVIC-
TION AGAINST WEIGHT OF EVIDENCE.—Subsection (e) of 
such section (article), as amended by subsection (a) of this 
section, is further is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(3) REVIEW BY FULL COURT OF FINDING OF 
CONVICTION
AGAINST
WEIGHT
OF
EVIDENCE.—Any 
determination by the Court that a finding was clearly 
against the weight of the evidence under paragraph 
(1) shall be reviewed by the Court sitting as a 
whole.’’. 
SEC. 533. PRESERVATION OF RECORDS OF THE MILITARY 
JUSTICE SYSTEM. 
Section 940a of title 10, United States Code (article 
140a of the Uniform Code of Military Justice), is amended 
by adding at the end the following new subsection: 
‘‘(d) PRESERVATION OF RECORDS WITHOUT REGARD 
TO OUTCOME.—The standards and criteria prescribed es-
tablished by the Secretary of Defense under subsection (a) 
shall provide for the preservation of records, without regard 
to the outcome of the proceeding concerned, for not fewer 
than 15 years.’’.
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SEC. 534. COMPTROLLER GENERAL OF THE UNITED STATES 
REPORT 
ON 
IMPLEMENTATION 
BY 
THE 
ARMED 
FORCES 
OF 
RECENT 
GAO 
REC-
OMMENDATIONS AND STATUTORY REQUIRE-
MENTS ON ASSESSMENT OF RACIAL, ETHNIC, 
AND GENDER DISPARITIES IN THE MILITARY 
JUSTICE SYSTEM. 
(a) REPORT REQUIRED.—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, in writing, on a study, conducted by the Comptroller 
General for purposes of the report, on the implementation 
by the Armed Forces of the following: 
(1) The recommendations in the May 2019 re-
port of the General Accountability Office entitled 
‘‘Military Justice: DOD and the Coast Guard Need to 
Improve Their Capabilities to Assess Racial and Gen-
der Disparities’’ (GAO–19–344). 
(2) Requirements in section 540I(b) of the Na-
tional Defense Authorization Act for Fiscal Year 2020 
(Public Law 116–92), relating to assessments covered 
by such recommendations. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include, for each recommendation and requirement 
specified in that subsection, the following:
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(1) A description of the actions taken or planned 
by the Department of Defense, the military depart-
ment concerned, or the Armed Force concerned to im-
plement such recommendation or requirement. 
(2) An assessment of the extent to which the ac-
tions taken to implement such recommendation or re-
quirement, as described pursuant to paragraph (1), 
are effective or meet the intended objective. 
(3) Any other matters in connection with such 
recommendation or requirement, and the implementa-
tion of such recommendation or requirement by the 
Armed Forces, that the Comptroller General considers 
appropriate. 
(c) BRIEFINGS.—Not later than May 1, 2021, the 
Comptroller General shall provide the committees referred 
to in subsection (a) one or more briefings on the status of 
the study required by that subsection, including any pre-
liminary findings and recommendations of the Comptroller 
General as a result of the study as of the date of such brief-
ing. 
SEC. 535. BRIEFING ON MENTAL HEALTH SUPPORT FOR VI-
CARIOUS TRAUMA FOR CERTAIN PERSONNEL 
IN THE MILITARY JUSTICE SYSTEM. 
(a) BRIEFING REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Judge Advo-
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cates General of the Army, the Navy, and the Air Force 
and the Staff Judge Advocate to the Commandant of the 
Marine Corps shall jointly brief the Committees on Armed 
Services of the Senate and the House of Representatives on 
the mental health support for vicarious trauma provided 
to personnel in the military justice system specified in sub-
section (b). 
(b) PERSONNEL.—The personnel specified in this sub-
section are the following: 
(1) Trial counsel. 
(2) Defense counsel. 
(3) Special Victims’ Counsel. 
(4) Military investigative personnel. 
(c) ELEMENTS.—The briefing required by subsection 
(a) shall include the following: 
(1) A description and assessment of the mental 
health support for vicarious trauma provided to per-
sonnel in the military justice system specified in sub-
section (b), including a description of the support 
services available and the support services being used. 
(2) A description and assessment of mechanisms 
to eliminate or reduce stigma in the pursuit by such 
personnel of such mental health support. 
(3) An assessment of the feasibility and advis-
ability of providing such personnel with breaks be-
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tween assignments or cases as part of such mental 
health support in order to reduce the effects of vicari-
ous trauma. 
(4) A description and assessment of the extent, if 
any, to which duty of such personnel on particular 
types of cases, or in particular caseloads, contributes 
to vicarious trauma, and of the extent, if any, to 
which duty on such cases or caseloads has an effect 
on retention of such personnel in the Armed Forces. 
(5) A description of the extent, if any, to which 
such personnel are screened or otherwise assessed for 
vicarious trauma before discharge or release from the 
Armed Forces. 
(6) Such other matters in connection with the 
provision of mental health support for vicarious trau-
ma to such personnel as the Judge Advocates General 
and the Staff Judge Advocate jointly consider appro-
priate. 
SEC. 536. GUARDIAN AD LITEM PROGRAM FOR MINOR DE-
PENDENTS OF MEMBERS OF THE ARMED 
FORCES. 
Section 540L(b)(1) of the National Defense Authoriza-
tion Act for Fiscal Year 2020 (Public Law 116–92; 133 
Stat. 1373) is amended by adding before the period at the 
end the following: ‘‘, including an assessment of the feasi-
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bility and advisability of establishing a guardian ad litem 
program for military dependents living outside the United 
States’’. 
Subtitle 
E—Member 
Education, 
Training, Transition, and Resil-
ience 
SEC. 541. TRAINING ON RELIGIOUS ACCOMMODATION FOR 
MEMBERS OF THE ARMED FORCES. 
(a) IN GENERAL.—As recommended on page 149 of the 
Report of the Committee on Armed Services of the Senate 
to Accompany S. 1519 (115th Congress) (Senate Report 
115–125), the Secretary of Defense shall develop and imple-
ment training on Federal statutes, Department of Defense 
instructions, and the regulations of each Armed Force re-
garding religious liberty and accommodation for members 
of the Armed Forces, including the responsibility of com-
manders to maintain good order and discipline. 
(b) CONSULTATION.—The Secretary develop and im-
plement the training required by subsection (a) in consulta-
tion with the following: 
(1) The General Counsel of the Department of 
Defense. 
(2) The Judge Advocate General of the Army, the 
Judge Advocate General of the Navy, and the Judge 
Advocate General of the Air Force.
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(3) The Chief of Chaplains of the Army, the 
Chief of Chaplains of the Navy, and the Chief of 
Chaplains of the Air Force. 
(c) CONTENTS.—The content of the training shall be 
consistent with and include coverage of each of the fol-
lowing: 
(1) The Religious Freedom Restoration Act of 
1993 (42 U.S.C. 2000bb et seq.). 
(2) Section 533 of the National Defense Author-
ization Act for Fiscal Year 2013 (10 U.S.C. prec. 
1030 note). 
(3) Section 528 of the National Defense Author-
ization Act for Fiscal Year 2016 (Public Law 114– 
92; 129 Stat. 814). 
(d) IMPLEMENTATION.— 
(1) RECIPIENTS.—The recipients of training de-
veloped under subsection (a) shall include the fol-
lowing at all levels of command: 
(A) Commanders 
(B) Chaplains. 
(C) Judge advocates. 
(D) Such other members of the Armed 
Forces as the Secretary considers appropriate. 
(2) COMMENCEMENT.—The provision of training 
developed under subsection (a) shall commence not
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later than one year after the date of the enactment of 
this Act. 
SEC. 542. ADDITIONAL ELEMENTS WITH 2021 CERTIFI-
CATIONS ON THE READY, RELEVANT LEARN-
ING INITIATIVE OF THE NAVY. 
(a) ADDITIONAL ELEMENTS.—In submitting to Con-
gress in 2021 the certifications required by section 545 of 
the National Defense Authorization Act for Fiscal Year 
2018 (Public Law 115–91; 131 Stat. 1396; 10 U.S.C. 8431 
note prec.), relating to the Ready, Relevant Learning ini-
tiative of the Navy, the Secretary of the Navy shall also 
submit each of the following: 
(1) A life cycle sustainment plan for the Ready, 
Relevant Learning initiative meeting the require-
ments in subsection (b). 
(2) A report on the use of readiness assessment 
teams in training addressing the elements specified in 
subsection (c). 
(b) LIFE CYCLE SUSTAINMENT PLAN.—The life cycle 
sustainment plan required by subsection (a)(1) shall in-
clude a description of the approved life cycle sustainment 
plan for the Ready, Relevant Learning initiative, including 
with respect to each of the following: 
(1) Product support management. 
(2) Supply support.
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(3) Packaging, handling, storage, and transpor-
tation. 
(4) Maintenance planning and management. 
(5) Design interface. 
(6) Sustainment engineering. 
(7) Technical data. 
(8) Computer resources. 
(9) Facilities and infrastructure. 
(10) Manpower and personnel. 
(11) Support equipment. 
(12) Training and training support. 
(13) Governance, including the acquisition and 
program management structure. 
(14) Such other elements in the life cycle 
sustainment of the Ready, Relevant Learning initia-
tive as the Secretary considers appropriate. 
(c) REPORT
ON USE
OF READINESS ASSESSMENT 
TEAMS.—The report required by subsection (a)(2) shall set 
forth the following: 
(1) A description and assessment of the extent to 
which the Navy is currently using Engineering Read-
iness Assessment Teams (ERAT) and Combat Sys-
tems Readiness Assessment Teams (CSRAT) to con-
duct unit-level training and assistance in each capac-
ity as follows:
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(A) To augment non-Ready, Relevant 
Learning initiative training. 
(B) As part of Ready, Relevant Learning 
initiative training. 
(C) To train students on legacy, obsolete, 
one of a kind, or unique systems that are still 
widely used by the Navy. 
(D) To train students on military-specific 
systems that are not found in the commercial 
maritime world. 
(2) A description and assessment of potential 
benefits, and anticipated timelines and costs, in ex-
panding Engineering Readiness Assessment Team 
and Combat Systems Readiness Assessment Team 
training in the capacities specified in paragraph (1). 
(3) Such other matters in connection with the 
use of readiness assessment teams in connection with 
the Ready, Relevant Learning initiative as the Sec-
retary considers appropriate. 
SEC. 543. REPORT ON STANDARDIZATION AND POTENTIAL 
MERGER OF LAW ENFORCEMENT TRAINING 
FOR MILITARY AND CIVILIAN PERSONNEL 
ACROSS THE DEPARTMENT OF DEFENSE. 
(a) REPORT REQUIRED.—Not later than June 8, 2021, 
the Secretary of Defense shall submit to the Committees on
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Armed Services of the Senate and the House of Representa-
tives a report on the standardization and potential merger 
of law enforcement training for military and civilian per-
sonnel across the Department of Defense, including training 
of military or civilian personnel of the Department des-
ignated in accordance with section 2762 of title 10, United 
States Code, to protect buildings, grounds, and property 
under the jurisdiction, custody, or control of the Depart-
ment and the persons on such property. 
(b) ELEMENTS.—In developing the report required by 
subsection (a), the Secretary shall do, and include in the 
report the results of, the following: 
(1) Identify and assess current law enforcement 
training courses, schools, and programs of the Armed 
Forces that have the flexibility and capacity to sup-
port the training referred to in subsection (a) through 
common training standards. 
(2) Identify and assess current Department law 
enforcement training courses, schools, and programs 
that are affiliated with or accredited by third parties 
(including both governmental and private entities), 
including an assessment of the value derived from 
such affiliation or accreditation to the training re-
ferred to in subsection (a).
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(3) Identify emerging law enforcement training 
requirements that are common among the Armed 
Forces and other Department law enforcement compo-
nents and are currently unmet by the Armed Forces 
or such components. 
(4) Assess the feasibility, advisability, and suit-
ability of incorporating standardized and merged 
field and operational training in military law en-
forcement mission areas, including area security op-
erations, law and order operations, internment and 
resettlement operations, and police intelligence oper-
ations, in the training provided to all Armed Forces 
and other Department law enforcement components. 
(5) Identify and assess Department courses, pro-
grams, or institutions with the capability to support 
law enforcement training or information sharing be-
tween Department military and civilian law enforce-
ment components and State, county, and local law 
enforcement agencies, with the capability to support 
law enforcement components of the National Guard 
and other reserve components of the Armed Forces, or 
with both such capabilities. 
(6) Assess the feasibility, advisability, and suit-
ability of standardizing and merging the training re-
ferred to in subsection (a) across the Department, in-
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cluding an assessment of the costs of such standard-
ization and merger. 
(7) Any other matters the Secretary considers 
appropriate. 
SEC. 544. QUARTERLY REPORTS ON IMPLEMENTATION OF 
RECOMMENDATIONS OF THE COMPREHEN-
SIVE 
REVIEW 
OF 
SPECIAL 
OPERATIONS 
FORCES CULTURE AND ETHICS. 
(a) QUARTERLY REPORTS REQUIRED.—Not later than 
March 1, 2021, and every 90 days thereafter through March 
1, 2024, the Assistant Secretary of Defense for Special Op-
erations and Low Intensity Conflict shall, in coordination 
with the Commander of the United States Special Oper-
ations Command, submit to the congressional defense com-
mittees a report on the current status of the implementation 
of the actions recommended as a result of the Comprehensive 
Review of Special Operations Forces Culture and Ethics. 
(b) ELEMENTS.—Each report under subsection (a) 
shall include the following: 
(1) A list of the actions required as of the date 
of such report to complete full implementation of each 
of the 16 actions recommended by the Comprehensive 
Review referred to in subsection (a). 
(2) An identification of the office responsible for 
completing each action listed pursuant to paragraph
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(1), and an estimated timeline for completion of such 
action. 
(3) If completion of any action listed pursuant 
to paragraph (1) requires resources or actions for 
which authorization by statute is required, a rec-
ommendation for legislative action for such authoriza-
tion. 
(4) Any other matters the Assistant Secretary or 
the Commander considers appropriate. 
SEC. 545. INFORMATION ON NOMINATIONS AND APPLICA-
TIONS FOR MILITARY SERVICE ACADEMIES. 
(a) REPORT ON CONGRESSIONAL NOMINATIONS POR-
TAL.— 
(1) IN GENERAL.—Not later than one year after 
the date of the enactment of this Act, the Secretary of 
Defense shall, in consultation with the Superintend-
ents of the military service academies, submit to the 
Committees on Armed Services of the Senate and the 
House of Representatives a report setting forth an as-
sessment of the feasibility and advisability of a uni-
form online portal for all military service academies 
that enables Members of Congress to nominate indi-
viduals for appointment to each academy through a 
secure website.
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(2) INFORMATION
COLLECTION
AND
REPORT-
ING.—For purposes of preparing the report required 
by paragraph (1), the Secretary shall treat the online 
portal described in that paragraph as permitting the 
collection, from each Member of Congress, of the demo-
graphic information described in subsection (b) for 
each individual nominated by the Member. 
(3) AVAILABILITY OF INFORMATION.—For pur-
poses of preparing the report, the Secretary shall treat 
the online portal as permitting Members of Congress 
and their designees to view past nomination records 
for all application cycles. 
(4) MATTERS IN CONNECTION WITH ESTABLISH-
MENT OF PORTAL.—If the Secretary determines that 
the online portal is feasible and advisable, the report 
shall include— 
(A) a comprehensive description of the on-
line portal; and 
(B) such recommendations for legislative 
and administrative action as the Secretary con-
siders appropriate to establish and maintain the 
online portal. 
(b) STANDARD CLASSIFICATIONS FOR COLLECTION OF 
DEMOGRAPHIC DATA.—
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(1) STANDARDS
REQUIRED.—The Secretary of 
Defense shall, in consultation with the Superintend-
ents of the military service academies, establish stand-
ard classifications that cadets, midshipmen, and ap-
plicants to the academies may use to self-identify gen-
der, race, and ethnicity and to provide other demo-
graphic information in connection with admission to 
or enrollment in an academy. 
(2) CONSISTENCY
WITH
OMB
GUIDANCE.—The 
standard classifications established under paragraph 
(1) shall be consistent with the standard classifica-
tions specified in Office of Management and Budget 
Directive No. 15 (pertaining to race and ethnic 
standards for Federal statistics and administrative 
reporting) or any successor directive. 
(3) INCORPORATION
INTO
APPLICATIONS
AND 
RECORDS.—Not later than one year after the date of 
the enactment of this Act, the Secretary shall incor-
porate the standard classifications established under 
paragraph (1) into— 
(A) applications for admission to the mili-
tary service academies; and 
(B) the military personnel records of cadets 
and midshipmen enrolled in such academies.
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(c) MILITARY SERVICE ACADEMY DEFINED.—In this 
section, the term ‘‘military service academy’’ means— 
(1) the United States Military Academy; 
(2) the United States Naval Academy; and 
(3) the United States Air Force Academy. 
SEC. 546. PILOT PROGRAMS IN CONNECTION WITH SENIOR 
RESERVE OFFICERS’ TRAINING CORPS UNITS 
AT HISTORICALLY BLACK COLLEGES AND 
UNIVERSITIES AND MINORITY INSTITUTIONS. 
(a) PILOT PROGRAMS AUTHORIZED.—The Secretary 
of Defense may carry out either or both of the pilot pro-
grams as follows: 
(1) A pilot program, with elements as provided 
for in subsection (c), at covered institutions in order 
to assess the feasibility and advisability of mecha-
nisms to reduce barriers to participation in the Sen-
ior Reserve Officers’ Training Corps at such institu-
tions by creating partnerships between satellite or ex-
tension Senior Reserve Officers’ Training Corps units 
at such institutions and military installations. 
(2) A pilot program, with elements as provided 
for in subsection (d), in order to assess the feasibility 
and advisability of the provision of financial assist-
ance to members of the Senior Reserve Officers’
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† HR 6395 EAS 
Training Corps at covered institutions for participa-
tion in flight training. 
(b) DURATION.—The duration of each pilot program 
under subsection (a) may not exceed five years. 
(c) PILOT PROGRAM
ON PARTNERSHIPS BETWEEN 
SATELLITE OR EXTENSION SROTC UNITS AND MILITARY 
INSTALLATIONS.— 
(1) PARTICIPATING
INSTITUTIONS.—The Sec-
retary of Defense shall carry out the pilot program 
authorized by subsection (a)(1) at not fewer than five 
covered institutions selected by the Secretary for pur-
poses of the pilot program. 
(2) REQUIREMENTS FOR SELECTION.—Each cov-
ered institution selected by the Secretary for purposes 
of the pilot program authorized by subsection (a)(1) 
shall— 
(A) currently maintain a satellite or exten-
sion Senior Reserve Officers’ Training Corps 
unit under chapter 103 of title 10, United States 
Code, that is located more than 20 miles from 
the host unit of such unit; or 
(B) establish and maintain a satellite or ex-
tension Senior Reserve Officers’ Training Corps 
unit that meets the requirements in subpara-
graph (A).
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(3) PREFERENCE
IN
SELECTION
OF
INSTITU-
TIONS.—In selecting covered institutions under this 
subsection for participation in the pilot program au-
thorized by subsection (a)(1), the Secretary shall give 
preference to covered institutions that are located 
within 20 miles of a military installation of the same 
Armed Force as the host unit of the Senior Reserve 
Officers’ Training Corp of the covered institution con-
cerned. 
(4) PARTNERSHIP
ACTIVITIES.—The activities 
conducted under the pilot program authorized by sub-
section (a)(1) between a satellite or extension Senior 
Reserve Officers’ Training Corps unit and the mili-
tary installation concerned shall include such activi-
ties designed to reduce barriers to participation in the 
Senior Reserve Officers’ Training Corps at the cov-
ered institution concerned as the Secretary considers 
appropriate, including measures to mitigate travel 
time and expenses in connection with receipt of Sen-
ior Reserve Officers’ Training Corps instruction. 
(d) PILOT PROGRAM ON FINANCIAL ASSISTANCE FOR 
SROTC MEMBERS FOR FLIGHT TRAINING.— 
(1) ELIGIBILITY FOR PARTICIPATION BY SROTC 
MEMBERS.—A member of a Senior Reserve Officers’ 
Training Corps unit at a covered institution may
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† HR 6395 EAS 
participate in the pilot program authorized by sub-
section (a)(2) if the member meets such academic re-
quirements at the covered institution, and such other 
requirements, as the Secretary shall establish for pur-
poses of the pilot program. 
(2) PREFERENCE
IN
SELECTION
OF
PARTICI-
PANTS.—In selecting members under this subsection 
for participation in the pilot program authorized by 
subsection (a)(2), the Secretary shall give a preference 
to members who will pursue flight training under the 
pilot program at a covered institution. 
(3) FINANCIAL ASSISTANCE FOR FLIGHT TRAIN-
ING.— 
(A) IN GENERAL.—The Secretary may pro-
vide any member of a Senior Reserve Officers’ 
Training Corps who participates in the pilot 
program authorized by subsection (a)(2) finan-
cial assistance to defray, whether in whole or in 
part, the charges and fees imposed on the mem-
ber for flight training. 
(B) FLIGHT
TRAINING.—Financial assist-
ance may be used under subparagraph (A) for a 
course of flight training only if the course meets 
Federal Aviation Administration standards and
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† HR 6395 EAS 
is approved by the Federal Aviation Administra-
tion and the applicable State approving agency. 
(C) USE.—Financial assistance received by 
a member under subparagraph (A) may be used 
only to defray the charges and fees imposed on 
the member as described in that subparagraph. 
(D) CESSATION OF ELIGIBILITY.—Financial 
assistance may not be provided to a member 
under subparagraph (A) as follows: 
(i) If the member ceases to meet the 
academic and other requirements established 
pursuant to paragraph (1). 
(ii) If the member ceases to be a mem-
ber of the Senior Reserve Officers’ Training 
Corps. 
(e) EVALUATION METRICS.—The Secretary of Defense 
shall establish metrics to evaluate the effectiveness of the 
pilot programs under subsection (a). 
(f) REPORTS.— 
(1) INITIAL REPORT.—Not later than 180 days 
after the commencement of the pilot programs under 
subsection (a), the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate 
and the House of Representatives a report on the pilot 
programs. The report shall include the following:
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(A) A description of each pilot program, in-
cluding in the case of the pilot program under 
subsection (a)(2) the requirements established 
pursuant to subsection (d)(1). 
(B) The evaluation metrics established 
under subsection (e). 
(C) Such other matters relating to the pilot 
programs as the Secretary considers appropriate. 
(2) ANNUAL REPORT.—Not later than 90 days 
after the end of each fiscal year in which the Sec-
retary carries out the pilot programs, the Secretary 
shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report 
on the pilot programs during such fiscal year. Each 
report shall include, for the fiscal year covered by 
such report, the following: 
(A) In the case of the pilot program under 
subsection (a)(1), a description of the partner-
ships between satellite or extension Senior Re-
serve Officers’ Training Corps units and mili-
tary installations under the pilot program. 
(B) In the case of the pilot program under 
subsection (a)(2), the following: 
(i) The number of members of Senior 
Reserve Officers’ Training Corps units at
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covered institutions selected for purposes of 
the pilot program, including the number of 
such members participating in the pilot 
program. 
(ii) The number of recipients of finan-
cial assistance provided under the pilot pro-
gram, including the number who— 
(I) completed a ground school 
course of instruction in connection 
with obtaining a private pilot’s certifi-
cate; 
(II) completed flight training, and 
the type of training, certificate, or both 
received; 
(III) were selected for a pilot 
training slot in the Armed Forces; 
(IV) initiated pilot training in 
the Armed Forces; or 
(V) successfully completed pilot 
training in the Armed Forces. 
(iii) The amount of financial assist-
ance provided under the pilot program, bro-
ken out by covered institution, course of 
study, and such other measures as the Sec-
retary considers appropriate.
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(C) Data collected in accordance with the 
evaluation metrics established under subsection 
(e). 
(3) FINAL REPORT.—Not later than 180 days 
prior to the completion of the pilot programs, the Sec-
retary shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a 
report on the pilot programs. The report shall include 
the following: 
(A) A description of the pilot programs. 
(B) An assessment of the effectiveness of 
each pilot program. 
(C) A description of the cost of each pilot 
program, and an estimate of the cost of making 
each pilot program permanent. 
(D) An estimate of the cost of expanding 
each pilot program throughout all eligible Senior 
Reserve Officers’ Training Corps units. 
(E) Such recommendations for legislative or 
administrative action as the Secretary considers 
appropriate in light of the pilot programs, in-
cluding recommendations for extending or mak-
ing permanent the authority for each pilot pro-
gram. 
(g) DEFINITIONS.—In this section:
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(1) The term ‘‘covered institution’’ has the mean-
ing given that term in section 262(g)(2) of the Na-
tional Defense Authorization Act for Fiscal Year 2020 
(Public Law 116–92). 
(2) The term ‘‘flight training’’ means a course of 
instruction toward obtaining any of the following: 
(A) A private pilot’s certificate. 
(B) A commercial pilot certificate. 
(C) A certified flight instructor certificate. 
(D) A multi-crew pilot’s license. 
(E) A flight instrument rating. 
(F) Any other certificate, rating, or pilot 
privilege the Secretary considers appropriate for 
purposes of this section. 
(3) The term ‘‘military installation’’ means an 
installation of the Department of Defense for the reg-
ular components of the Armed Forces. 
SEC. 547. EXPANSION OF JUNIOR RESERVE OFFICERS’ 
TRAINING CORPS PROGRAM. 
(a) EXPANSION
OF JROTC CURRICULUM.—Section 
2031(a)(2) of title 10, United States Code, is amended by 
inserting after ‘‘service to the United States’’ the following: 
‘‘(including an introduction to service opportunities in 
military, national, and public service)’’.
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(b) PLAN TO INCREASE NUMBER OF JROTC UNITS.— 
The Secretary of Defense shall, in consultation with the Sec-
retaries of the military departments, develop and imple-
ment a plan to establish and support not fewer than 6,000 
units of the Junior Reserve Officers’ Training Corps by 
September 30, 2031. 
SEC. 548. DEPARTMENT OF DEFENSE STARBASE PROGRAM. 
Section 2193b(h) of title 10, United States Code, is 
amended by inserting ‘‘the Commonwealth of the Northern 
Mariana Islands, American Samoa,’’ before ‘‘and Guam’’. 
Subtitle F—Decorations and 
Awards 
SEC. 551. AWARD OR PRESENTATION OF DECORATIONS FA-
VORABLY RECOMMENDED FOLLOWING DE-
TERMINATION ON MERITS OF PROPOSALS 
FOR DECORATIONS NOT PREVIOUSLY SUB-
MITTED IN A TIMELY FASHION. 
(a) AWARD OR PRESENTATION AUTHORIZED.—Section 
1130 of title 10, United States Code, is amended— 
(1) by redesignating subsection (d) as subsection 
(e); and 
(2) by inserting after subsection (c) the following 
new subsection (d): 
‘‘(d)(1) A decoration may be awarded or presented fol-
lowing the submission of a favorable recommendation for
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the award or presentation of the decoration under sub-
section (b). 
‘‘(2) An award or presentation of a decoration under 
paragraph (1) may not occur before the end of the 60-day 
period beginning on the date of the submission under sub-
section (b) of the favorable recommendation regarding the 
award or presentation of the decoration. 
‘‘(3) The authority to make an award or presentation 
of a decoration under this subsection shall apply notwith-
standing any limitation described in subsection (a).’’. 
(b) CONFORMING AND CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading of section 
1130 of such title is amended to read as follows: 
‘‘§ 1130. Consideration of proposals for decorations 
not previously submitted in timely fash-
ion: procedures for review and award or 
presentation’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 57 of such title is amend-
ed by striking the item relating to section 1130 and 
inserting the following new item: 
‘‘1130. Consideration of proposals for decorations not previously submitted in 
timely fashion: procedures for review and award or presen-
tation.’’. 
SEC. 552. HONORARY PROMOTION MATTERS. 
(a) HONORARY
PROMOTIONS
ON
INITIATIVE
OF 
DOD.—Chapter 80 of title 10, United States Code, is
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† HR 6395 EAS 
amended by inserting after section 1563 the following new 
section: 
‘‘§ 1563a. Honorary promotions on the initiative of the 
Department of Defense 
‘‘(a) IN GENERAL.—(1) Under regulations prescribed 
by the Secretary of Defense, the Secretary may make an 
honorary promotion (whether or not posthumous) of a 
former member or retired member of the armed forces to 
any grade not exceeding the grade of major general, rear 
admiral (upper half), or an equivalent grade in the Space 
Force if the Secretary determines that the promotion is mer-
ited. 
‘‘(2) The authority to make an honorary promotion 
under this subsection shall apply notwithstanding that the 
promotion is not otherwise authorized by law. 
‘‘(b) NOTICE TO CONGRESS.—The Secretary may not 
make an honorary promotion pursuant to subsection (a) 
until 60 days after the date on which the Secretary submits 
to the Committees on Armed Services of the Senate and the 
House of Representatives a notice of the determination to 
make the promotion, including a detailed discussion of the 
rationale supporting the determination. 
‘‘(c) NOTICE OF PROMOTION.—Upon making an hon-
orary promotion pursuant to subsection (a), the Secretary 
shall expeditiously notify the former member or retired
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member concerned, or the next of kin of such former member 
or retired member if such former member or retired member 
is deceased, of the promotion. 
‘‘(d) NATURE OF PROMOTION.—Any promotion pursu-
ant to this section is honorary, and shall not affect the pay, 
retired pay, or other benefits from the United States to 
which the former member or retired member concerned is 
entitled or would have been entitled based on the military 
service of such former member or retired member, nor affect 
any benefits to which any other person is or may become 
entitled based on the military service of such former member 
or retired member.’’. 
(b) MODIFICATION OF AUTHORITIES ON REVIEW OF 
PROPOSALS FROM CONGRESS.— 
(1) STANDARDIZATION
OF
AUTHORITIES
WITH 
AUTHORITIES ON DOD INITIATIVE.—Section 1563 of 
title 10, United States Code, is amended— 
(A) in subsection (a)— 
(i) in the first sentence, by striking 
‘‘the posthumous or honorary promotion or 
appointment of a member or former member 
of the armed forces, or any other person 
considered qualified,’’ and inserting ‘‘the 
honorary promotion (whether or not post-
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humous) of a former member or retired 
member of the armed forces’’; and 
(ii) in the second sentence, by striking 
‘‘the posthumous or honorary promotion or 
appointment’’ and inserting ‘‘the pro-
motion’’; and 
(B) in subsection (b), by striking ‘‘the post-
humous or honorary promotion or appointment’’ 
and inserting ‘‘the honorary promotion’’. 
(2) AUTHORITY
TO
MAKE
HONORARY
PRO-
MOTIONS FOLLOWING REVIEW OF PROPOSALS.—Such 
section is further amended— 
(A) by redesignating subsection (c) as sub-
section (d); and 
(B) by inserting after subsection (b) the fol-
lowing new subsection (c): 
‘‘(c) AUTHORITY TO MAKE.—(1) Under regulations 
prescribed by the Secretary of Defense, the Secretary of De-
fense may make an honorary promotion (whether or not 
posthumous) of a former member or retired member of the 
armed forces to any grade not exceeding the grade of major 
general, rear admiral (upper half), or an equivalent grade 
in the Space Force following the submittal of the determina-
tion of the Secretary concerned under subsection (b) in con-
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nection with the proposal for the promotion if the deter-
mination is to approve the making of the promotion. 
‘‘(2) The Secretary of Defense may not make an hon-
orary promotion under this subsection until 60 days after 
the date on which the Secretary concerned submits the deter-
mination in connection with the proposal for the promotion 
under subsection (b), and the detailed rationale supporting 
the determination as described in that subsection, to the 
Committees on Armed Services of the Senate and the House 
of Representatives and the requesting Member in accordance 
with that subsection. 
‘‘(3) The authority to make an honorary promotion 
under this subsection shall apply notwithstanding that the 
promotion is not otherwise authorized by law. 
‘‘(4) Any promotion pursuant to this subsection is hon-
orary, and shall not affect the pay, retired pay, or other 
benefits from the United States to which the former member 
or retired member concerned is or would have been entitled 
based upon the military service of such former member or 
retired member, nor affect any benefits to which any other 
person may become entitled based on the military service 
of such former member or retired member.’’. 
(3) HEADING AMENDMENT.—The heading of such 
section is amended to read as follows:
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‘‘§ 1563. Consideration of proposals from Members of 
Congress for honorary promotions: proce-
dures for review and promotion’’. 
(c) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 80 of such title is amended by 
striking the item relating to section 1563 and inserting the 
following new items: 
‘‘1563. Consideration of proposals from Members of Congress for honorary pro-
motions: procedures for review and promotion. 
‘‘1563a. Honorary promotions on the initiative of the Department of Defense.’’. 
Subtitle 
G—Defense 
Dependents’ 
Education and Military Family 
Readiness Matters 
PART I—DEFENSE DEPENDENTS’ EDUCATION 
MATTERS 
SEC. 561. CONTINUATION OF AUTHORITY TO ASSIST LOCAL 
EDUCATIONAL AGENCIES THAT BENEFIT DE-
PENDENTS OF MEMBERS OF THE ARMED 
FORCES AND DEPARTMENT OF DEFENSE CI-
VILIAN EMPLOYEES. 
(a) ASSISTANCE
TO SCHOOLS WITH SIGNIFICANT 
NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 
amount authorized to be appropriated for fiscal year 2021 
by section 301 and available for operation and maintenance 
for Defense-wide activities as specified in the funding table 
in section 4301, $50,000,000 shall be available only for the 
purpose of providing assistance to local educational agen-
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cies under subsection (a) of section 572 of the National De-
fense Authorization Act for Fiscal Year 2006 (Public Law 
109–163; 20 U.S.C. 7703b). 
(b) LOCAL EDUCATIONAL AGENCY DEFINED.—In this 
section, the term ‘‘local educational agency’’ has the mean-
ing given that term in section 7013(9) of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7713(9)). 
SEC. 562. IMPACT AID FOR CHILDREN WITH SEVERE DIS-
ABILITIES. 
(a) IN GENERAL.—Of the amount authorized to be ap-
propriated for fiscal year 2021 pursuant to section 301 and 
available for operation and maintenance for Defense-wide 
activities as specified in the funding table in section 4301, 
$10,000,000 shall be available for payments under section 
363 of the Floyd D. Spence National Defense Authorization 
Act for Fiscal Year 2001 (as enacted into law by Public 
Law 106–398; 114 Stat. 1654A–77; 20 U.S.C. 7703a). 
(b) ADDITIONAL AMOUNT.—Of the amount authorized 
to be appropriated for fiscal year 2021 pursuant to section 
301 and available for operation and maintenance for De-
fense-wide activities as specified in the funding table in sec-
tion 4301, $10,000,000 shall be available for use by the Sec-
retary of Defense to make payments to local educational 
agencies determined by the Secretary to have higher con-
centrations of military children with severe disabilities.
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(c) REPORT.—Not later than March 1, 2021, the Sec-
retary shall brief the Committees on Armed Services of the 
Senate and the House of Representatives on the Depart-
ment’s evaluation of each local educational agency with 
higher concentrations of military children with severe dis-
abilities and subsequent determination of the amounts of 
impact aid each such agency shall receive. 
SEC. 563. STAFFING OF DEPARTMENT OF DEFENSE EDU-
CATION ACTIVITY SCHOOLS TO MAINTAIN 
MAXIMUM STUDENT-TO-TEACHER RATIOS. 
(a) IN GENERAL.—The Department of Defense Edu-
cation Activity (DoDEA) shall staff elementary and sec-
ondary schools operated by the Activity so as to maintain, 
to the extent practicable, student-to-teacher ratios that do 
not exceed the maximum student-to-teacher ratios specified 
in subsection (b). 
(b) MAXIMUM STUDENT-TO-TEACHER RATIOS.—The 
maximum student-to-teacher ratios specified in this sub-
section are the following: 
(1) For each of grades kindergarten through 3, a 
ratio of 18 students to 1 teacher (18:1). 
(2) For each of grades 4 through 12, a ratio 
equal to the average student-to-teacher ratio for such 
grade among all Department of Defense Education 
Activity schools during the 2019–2020 academic year.
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(c) SUNSET.—The requirement to staff schools in ac-
cordance with subsection (a) shall expire at the end of the 
2023–2024 academic year of the Department of Defense 
Education Activity. 
SEC. 564. MATTERS IN CONNECTION WITH FREE APPRO-
PRIATE PUBLIC EDUCATION FOR DEPEND-
ENTS OF MEMBERS OF THE ARMED FORCES 
WITH SPECIAL NEEDS. 
(a) INFORMATION ON DISPUTES REGARDING RECEIPT 
OF FREE APPROPRIATE PUBLIC EDUCATION BY SPECIAL 
NEEDS DEPENDENTS.— 
(1) IN GENERAL.—Each Secretary of a military 
department shall collect and maintain information on 
special education disputes filed by members of the 
Armed Forces under the jurisdiction of such Sec-
retary. 
(2) INFORMATION.—The information collected 
and maintained pursuant to this subsection shall in-
clude the following: 
(A) The number of special education dis-
putes filed. 
(B) The outcome or disposition of the dis-
putes.
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(3) SOURCE OF INFORMATION.—The information 
collected and maintained pursuant to this subsection 
shall be derived from the following: 
(A) Records and reports of case managers 
and navigators under the Exceptional Family 
Member Program (EFMP) of the Department of 
Defense. 
(B) Reports of members of the Armed Forces 
concerned to installation or other military lead-
ership. 
(C) Such other sources as the Secretary of 
the military department concerned considers ap-
propriate. 
(4) ANNUAL REPORTS.— Each Secretary of a 
military department shall submit each year to the Of-
fice of Special Needs of the Department of Defense a 
report on the information collected by such Secretary 
pursuant to this subsection during the preceding year. 
(b) COMPTROLLER GENERAL OF THE UNITED STATES 
STUDY.— 
(1) IN GENERAL.—The Comptroller General of 
the United States shall conduct a study on the fol-
lowing: 
(A) The consequences for a State or local 
educational agency of a finding of failure to pro-
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vide a free appropriate public education to a 
military dependent. 
(B) The manner in which local educational 
agencies with military families use the following: 
(i) 
Funds 
received 
under 
section 
7003(d) of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 7703(d)). 
(ii) Funds authorized to be appro-
priated by annual national defense author-
ization Acts and made available for impact 
aid for child with severe disabilities under 
section 363 of the Floyd D. Spence National 
Defense Authorization Act for Fiscal Year 
2001 (20 U.S.C. 7703a). 
(iii) Funds authorized to be appro-
priated by annual national defense author-
ization Acts and made available for assist-
ance to schools with significant number of 
military dependent students under sub-
section (a) of section 572 of the National 
Defense Authorization Act for Fiscal Year 
2006 (20 U.S.C. 7703b). 
(C) The efficacy of attorney and other legal 
support for military families in special edu-
cation disputes.
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(3) DEADLINE
FOR
COMPLETION.—The Comp-
troller General shall complete the study by not later 
than March 31, 2021. 
(4) BRIEFING AND REPORT.—Upon completion 
of the study, the Comptroller General shall brief the 
Committees on Armed Services of the Senate and the 
House of Representatives on the results of the study, 
and shall submit to such committees a report on such 
results. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘free appropriate public education’’ 
includes appropriate special education and related 
services required under the Individuals with Disabil-
ities Education Act (20 U.S.C. 1400 et seq.) 
(2) The term ‘‘local educational agency’’ has the 
meaning given that term in section 8101 of the Ele-
mentary and Secondary Education Act of 1965 (20 
U.S.C. 7801). 
(3) The term ‘‘special education dispute’’ means 
a complaint filed regarding the education provided a 
child with a disability (as defined in section 602 of 
the Individuals with Disabilities Education Act (20 
U.S.C. 1401), including a complaint filed in accord-
ance with section 615 or 639 of such Act (20 U.S.C. 
1415, 1439).
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SEC. 565. PILOT PROGRAM ON EXPANDED ELIGIBILITY FOR 
DEPARTMENT OF DEFENSE EDUCATION AC-
TIVITY VIRTUAL HIGH SCHOOL PROGRAM. 
(a) PILOT PROGRAM REQUIRED.— 
(1) IN GENERAL.—The Secretary of Defense shall 
carry out a pilot program on permitting dependents 
of members of the Armed Forces on active duty to en-
roll in the Department of Defense Education Activity 
Virtual High School program (in this section referred 
to as the ‘‘DVHS program’’). 
(2) PURPOSES.—The purposes of the pilot pro-
gram shall be as follows: 
(A) 
To 
evaluate 
the 
feasibility 
and 
scalability of the DVHS program. 
(B) To assess the impact of expanded enroll-
ment in the DVHS program under the pilot pro-
gram on military and family readiness. 
(3) DURATION.—The duration of the pilot pro-
gram shall be four academic years. 
(b) PARTICIPANTS.— 
(1) IN GENERAL.—Participants in the pilot pro-
gram shall be selected by the Secretary from among 
dependents of members of the Armed Forces on active 
duty who— 
(A) are in a grade 9 through 12;
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(B) are currently ineligible to enroll in the 
DVHS program; and 
(C) either— 
(i) require supplementary courses to 
meet graduation requirements in the cur-
rent State of residence; or 
(ii) otherwise demonstrate to the Sec-
retary a clear need to participate in the 
DVHS program. 
(2) PREFERENCE
IN
SELECTION.—In selecting 
participants in the pilot program, the Secretary shall 
afford a preference to the following: 
(A) Dependents who reside in a rural area. 
(B) Dependents who are home-schooled stu-
dents. 
(3) LIMITATIONS.—The total number of course 
enrollments per academic year authorized under the 
pilot program may not exceed 400 course enrollments. 
No single dependent participating in the pilot pro-
gram may take more than two courses per academic 
year under the pilot program. 
(c) REPORTS.— 
(1) INTERIM REPORT.—Not later than two years 
after the date of the enactment of this Act, the Sec-
retary shall submit to the Committees on Armed Serv-
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† HR 6395 EAS 
ices of the Senate and the House of Representatives 
an interim report on the pilot program. 
(2) FINAL REPORT.—Not later than 180 days 
after the completion of the pilot program, the Sec-
retary shall submit to the committees of Congress re-
ferred to in paragraph (1) a final report on the pilot 
programs. 
(3) ELEMENTS.—Each report under this sub-
section shall include the following: 
(A) A description of the demographics of the 
dependents participating in the pilot program 
through the date of such report. 
(B) Data on, and an assessment of, student 
performance in virtual coursework by dependents 
participating in the pilot program over the du-
ration of the pilot program. 
(C) Such recommendation as the Secretary 
considers appropriate on whether to make the 
pilot program permanent. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘rural area’’ has the meaning 
given the term in section 520 of the Housing Act of 
1949 (42 U.S.C. 1490). 
(2) The term ‘‘home-schooled student’’ means a 
student in a grade equivalent to grade 9 through 12
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† HR 6395 EAS 
who receives educational instruction at home or by 
other non-traditional means outside of a public or 
private school system, either all or most of the time. 
SEC. 566. PILOT PROGRAM ON EXPANSION OF ELIGIBILITY 
FOR ENROLLMENT AT DOMESTIC DEPEND-
ENT 
ELEMENTARY 
AND 
SECONDARY 
SCHOOLS. 
(a) PILOT PROGRAM REQUIRED.—Beginning not later 
than 180 days after the date of the enactment of this Act, 
the Secretary of Defense shall carry out a pilot program 
under which a dependent of a full-time, active-duty member 
of the Armed Forces may enroll in a covered DODEA school 
at the military installation to which the member is as-
signed, on a space-available basis as described in subsection 
(c), without regard to whether the member resides on the 
installation as described in 2164(a)(1) of title 10, United 
States Code. 
(b) PURPOSES.—The purposes of the pilot program 
under this section are— 
(1) to evaluate the feasibility and advisability of 
expanding enrollment in covered DODEA schools; 
and 
(2) to determine how increased access to such 
schools will affect military and family readiness.
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(c) ENROLLMENT
ON SPACE-AVAILABLE BASIS.—A 
student participating in the pilot program under this sec-
tion may be enrolled in a covered DODEA school only if 
the school has the capacity to accept the student, as deter-
mined by the Director of the Department of Defense Edu-
cation Activity. 
(d) LOCATIONS.—The Secretary of Defense shall carry 
out the pilot program under this section at not more than 
four military installations at which covered DODEA 
schools are located. The Secretary shall select military in-
stallations for participation in the pilot program based 
on— 
(1) the readiness needs of the Secretary of a the 
military department concerned; and 
(2) the capacity of the DODEA schools located at 
the installation to accept additional students, as de-
termined by the Director of the Department of Defense 
Education Activity. 
(e) TERMINATION.—The authority to carry out the 
pilot program under this section shall terminate four years 
after the date of the enactment of this Act. 
(f) COVERED DODEA SCHOOL DEFINED.—In this sec-
tion, the term ‘‘covered DODEA school’’ means a domestic 
dependent elementary or secondary school operated by the 
Department of Defense Education Activity that—
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† HR 6395 EAS 
(1) has been established on or before the date of 
the enactment of this Act; and 
(2) is located in the continental United States. 
SEC. 567. COMPTROLLER GENERAL OF THE UNITED STATES 
REPORT ON THE STRUCTURAL CONDITION OF 
DEPARTMENT OF DEFENSE EDUCATION AC-
TIVITY SCHOOLS. 
(a) REPORT REQUIRED.—Not later than one year 
after the date of the enactment of this Act, the Comptroller 
General of the United States shall submit to the congres-
sional defense committees a report setting forth an assess-
ment by the Comptroller General of the structural condition 
of schools of the Department of Defense Education Activity, 
both within the continental United States (CONUS) and 
outside the continental United States (OCONUS). 
(b) VIRTUAL SCHOOLS.—The report shall include an 
assessment of the virtual infrastructure or other means by 
which students attend Department of Defense Education 
Activity schools that have no physical structure, including 
the satisfaction of the military families concerned with such 
infrastructure or other means.
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PART II—MILITARY FAMILY READINESS MATTERS 
SEC. 571. RESPONSIBILITY FOR ALLOCATION OF CERTAIN 
FUNDS FOR MILITARY CHILD DEVELOPMENT 
PROGRAMS. 
Section 1791 of title 10, United States Code, is amend-
ed— 
(1) by inserting ‘‘(a) POLICY.—’’ before ‘‘It is the 
policy’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) RESPONSIBILITY FOR ALLOCATIONS OF CERTAIN 
FUNDS.—The Secretary of Defense shall be responsible for 
the allocation of Office of the Secretary of Defense level 
funds for military child development programs for children 
from birth through 12 years of age, and may not delegate 
such responsibility to the military departments.’’. 
SEC. 572. IMPROVEMENTS TO EXCEPTIONAL FAMILY MEM-
BER PROGRAM. 
Section 1781c of title 10, United States Code is amend-
ed— 
(1) in subsection (b), by striking ‘‘enhance’’ and 
inserting ‘‘standardize, enhance,’’; 
(2) in subsection (c)(1), by inserting ‘‘and stand-
ard’’ after ‘‘comprehensive’’; 
(3) in subsection (d)—
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† HR 6395 EAS 
(A) in paragraph (1), by striking ‘‘update 
from time to time’’ and inserting ‘‘regularly up-
date’’; 
(B) in paragraph (3), by adding at the end 
the following new subparagraphs: 
‘‘(C) Ability to request a second review of 
the approved assignment within or outside the 
continental United States if the member believes 
the location is inappropriate for the member’s 
family and would cause undue hardship. 
‘‘(D) Protection from having a medical rec-
ommendation 
for 
an 
approved 
assignment 
overriden by the commanding officer. 
‘‘(E) Ability to request continuation of loca-
tion when there is a documented substantial risk 
of transferring medical care or educational serv-
ices to a new provider or school at the specific 
time of permanent change of station. 
‘‘(F) If an order for assignment is declined 
for a military family with special needs, the 
member will receive a reason for the decline of 
that order.’’; and 
(C) in paragraph (4), by adding at the end 
the following new subparagraphs:
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‘‘(H) Procedures to right-size the Depart-
ment’s Exceptional Family Member Program to 
ensure efficient and effective enrollment, for suf-
ficient staffing dedicated to providing family 
support services, to include comprehensive train-
ing, education and outreach services, and suffi-
cient oversight and administrative support for 
effective program operation. 
‘‘(I) Requirements to prohibit disenrollment 
from the Exceptional Family Member Program 
unless there is new supporting medical or edu-
cational information that indicates the original 
condition is no longer present, and to track 
disenrollment data per military service.’’; 
(4) by redesignating subsections (f), (g), and (h) 
as subsections (g), (h), and (i), respectively; and 
(5) by inserting after subsection (e) the following 
new subsection: 
‘‘(f) METRICS.—The Secretary of Defense shall imple-
ment performance metrics for measuring, across the Depart-
ment and with respect to each military department, the fol-
lowing: 
‘‘(1) Assignment coordination and support for 
military families with special needs, including a sys-
tematic process for evaluating each military depart-
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† HR 6395 EAS 
ment’s program for the support of military families 
with special needs. 
‘‘(2) The reassignment of military families with 
special needs, including how often members request 
reassignments, for what reasons, and from what mili-
tary installations. 
‘‘(3) The level of satisfaction of military families 
with special needs with the family and medical sup-
port they are provided.’’. 
SEC. 573. PROCEDURES OF THE OFFICE OF SPECIAL NEEDS 
FOR THE DEVELOPMENT OF INDIVIDUALIZED 
SERVICES PLANS FOR MILITARY FAMILIES 
WITH SPECIAL NEEDS. 
Section 1781c(d)(4) of title 10, United States Code, as 
amended by section 572(3)(C) of this Act, is further amend-
ed— 
(1) in subparagraph (F), by striking ‘‘of an in-
dividualized services plan (medical and educational)’’ 
and inserting ‘‘by an appropriate office of an indi-
vidualized services plan (whether medical, edu-
cational, or both)’’; 
(2) by redesignating subparagraphs (G), (H), 
and (I) as subparagraph (H), (I), and (J), respec-
tively; and
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† HR 6395 EAS 
(3) by inserting after subparagraph (F) the fol-
lowing new paragraph (G): 
‘‘(G) Procedures for the development of an indi-
vidualized services plan for military family members 
with special needs who have requested family support 
services and have a completed family needs assess-
ment.’’. 
SEC. 574. RESTATEMENT AND CLARIFICATION OF AUTHOR-
ITY TO REIMBURSE MEMBERS FOR SPOUSE 
RELICENSING COSTS PURSUANT TO A PERMA-
NENT CHANGE OF STATION. 
(a) IN GENERAL.—Section 453 of title 37, United 
States Code, is amended by adding at the end the following 
new subsection: 
‘‘(g) REIMBURSEMENT OF QUALIFYING SPOUSE RELI-
CENSING COSTS INCIDENT TO A MEMBER’S PERMANENT 
CHANGE OF STATION OR ASSIGNMENT.—(1) From amounts 
otherwise made available for a fiscal year to provide travel 
and transportation allowances under this chapter, the Sec-
retary concerned may reimburse a member of the armed 
forces for qualified relicensing costs of the spouse of the 
member when— 
‘‘(A) the member is reassigned, either as a per-
manent change of station or permanent change of as-
signment, between duty stations located in separate
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jurisdictions with unique licensing or certification re-
quirements and authorities; and 
‘‘(B) the movement of the member’s dependents is 
authorized at the expense of the United States under 
this section as part of the reassignment. 
‘‘(2) Reimbursement provided to a member under this 
subsection may not exceed $1000 in connection with each 
reassignment described in paragraph (1). 
‘‘(3) No reimbursement may be provided under this 
subsection for qualified relicensing costs paid or incurred 
after December 31, 2024. 
‘‘(4) In this subsection, the term ‘qualified relicensing 
costs’ means costs, including exam, continuing education 
courses, and registration fees, incurred by the spouse of a 
member if— 
‘‘(A) the spouse was licensed or certified in a 
profession during the member’s previous duty assign-
ment and requires a new license or certification to en-
gage in that profession in a new jurisdiction because 
of movement described in paragraph (1)(B) in con-
nection with the member’s change in duty location 
pursuant to reassignment described in paragraph 
(1)(A); and
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† HR 6395 EAS 
‘‘(B) the costs were incurred or paid to secure or 
maintain the license or certification from the new ju-
risdiction in connection with such reassignment.’’. 
(b) REPEAL OF SUPERSEDED AUTHORITY.—Section 
476 of such title is amended by striking subsection (p). 
SEC. 575. IMPROVEMENTS TO DEPARTMENT OF DEFENSE 
TRACKING OF AND RESPONSE TO INCIDENTS 
OF CHILD ABUSE INVOLVING MILITARY DE-
PENDENTS ON MILITARY INSTALLATIONS. 
(a) IMPROVEMENTS REQUIRED.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall, consistent with recommendations of the Comp-
troller General of the United States in Government 
Accountability Office report GA0–20–110, take ac-
tions in accordance with this section in order to im-
prove the efforts of the Department of Defense to track 
and respond to incidents of child abuse involving de-
pendents of members of the Armed Forces that occur 
on military installations (in this section referred to 
as ‘‘covered incidents of child abuse’’). 
(2) CHILD ABUSE.—For purposes of this section, 
child abuse includes any abuse of a child, including 
sexual abuse, emotional abuse, and neglect. 
(b) DATA COLLECTION AND TRACKING OF INCIDENTS 
OF CHILD ABUSE.—
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(1) TRACKING OF NON-CAREGIVER ABUSE.—The 
Secretary of Defense shall establish a process for the 
Department of Defense Family Advocacy Program to 
track reported covered incidents of child abuse in 
which the alleged offender is not a parent, guardian, 
or someone in a caregiving role at the time of the in-
cident. The information so tracked shall comport with 
the information tracked by the Department of Defense 
in reported covered incidents of child abuse in which 
the alleged offender is a parent, guardian, or someone 
in a caregiving role at the time of the incident. 
(2) CENTRALIZED DATABASE FOR TRACKING OF 
INCIDENTS.— 
(A) IN GENERAL.—The Secretary shall de-
velop and maintain in the Department of De-
fense a centralized database to track information 
across the Department on all covered incidents of 
child abuse that are reported to the Family Ad-
vocacy Program or investigated by a military 
criminal investigation organization, regardless of 
whether the alleged offender was another child, 
an adult, or someone in a non-caregiving role at 
the time of an incident.
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(B) ELEMENTS.—The centralized database 
required by this paragraph shall include, for 
each incident within the database, the following: 
(i) Information pertinent to a deter-
mination by the Family Advocacy Program 
whether such incident meets the criteria of 
the Department for treatment as an inci-
dent of child abuse. 
(ii) The results of any investigation of 
such incident by a military criminal inves-
tigation organization. 
(iii) Information on the ultimate dis-
position of the incident, if any, including 
any administrative or prosecutorial action 
taken. 
(C) ANNUAL REPORTS ON INFORMATION.— 
The information collected and maintained in the 
centralized database shall be reported on an an-
nual basis as part of the annual reports from the 
Family Advocacy Program on child abuse and 
domestic abuse in the military as required by 
section 574 of the National Defense Authoriza-
tion Act for Fiscal Year 2017 (Public Law 114– 
328; 130 Stat. 2141).
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(D) BRIEFINGS.—Not later than March 31, 
2021, and every six months thereafter until the 
centralized database required by this paragraph 
is fully operational, the Secretary shall brief the 
Committees on Armed Services of the Senate and 
the House of Representatives on the status of the 
database. 
(3) DEPARTMENT OF DEFENSE EDUCATION AC-
TIVITY GUIDANCE.—The Department of Defense Edu-
cation Activity (DoDEA) shall issue clarifications of 
its guidance on the incidents of child-on-child abuse 
that qualify as serious incidents for purposes of re-
quirements for the reporting of such serious incidents 
by school administrators to Activity leadership. 
(c) RESPONSE PROCEDURES.— 
(1) INCIDENT DETERMINATION COMMITTEE MEM-
BERSHIP.—The Department of Defense Family Advo-
cacy Program shall ensure that the voting member-
ship of each Incident Determination Committee on a 
military installation includes medical personnel with 
the requisite knowledge and expertise to determine 
whether a reported covered incident of abuse meets the 
criteria of the Department of Defense for treatment as 
child abuse.
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(2) SCREENING REPORTED INCIDENTS OF CHILD 
ABUSE.— 
(A) 
DEVELOPMENT
OF
STANDARDIZED 
PROCESS.—The Department of Defense Family 
Advocacy Program shall develop a standardized 
process by which the Family Advocacy Programs 
of the military departments screen reported cov-
ered incidents of child abuse to determine wheth-
er to present such incident to an Incident Deter-
mination Committee. 
(B) MONITORING.—The Secretary of each 
military department shall develop a process to 
monitor the manner in which reported covered 
incidents of child abuse are screened by each in-
stallation under the jurisdiction of such Sec-
retary in order to ensure that such screening 
complies with the standardized screening process 
developed pursuant to subparagraph (A). 
(3) REQUIRED NOTIFICATIONS.— 
(A) DOCUMENTATION.—The Secretary of 
each military department shall require that in-
stallation Family Advocacy Programs and mili-
tary criminal investigation organizations under 
the jurisdiction of such Secretary document in 
their respective databases the date on which they
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† HR 6395 EAS 
notified the other of a reported covered incident 
of child abuse. 
(B) OVERSIGHT.—The Secretary of each 
military department shall require that the Fam-
ily Advocacy Program of such military depart-
ment, and the headquarters of the military 
criminal investigation organizations of such 
military department, to develop processes to 
oversee the documentation of notifications re-
quired by subparagraph (A) in order to ensure 
that such notifications occur on a consistent 
basis at installation level. 
(4) CERTIFIED PEDIATRIC SEXUAL ASSAULT FO-
RENSIC EXAMINERS.— 
(A) GEOGRAPHIC
REGIONS
FOR
EXAM-
INERS.—The Under Secretary of Defense for Per-
sonnel and Readiness shall specify geographic re-
gions in which military families reside for pur-
poses of the availability of and access to certified 
pediatric sexual assault examiners in such re-
gions. 
(B) AVAILABILITY.—The Under Secretary 
shall ensure that— 
(i) one or more certified pediatric sex-
ual assault examiners are located in each
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† HR 6395 EAS 
geographic region specified pursuant to sub-
paragraph (A); and 
(ii) examiners so located serve as cer-
tified pediatric sexual assault examiners 
throughout such region, without regard to 
Armed Force or installation. 
(5) REMOVAL
OF
CHILDREN
FROM
UNSAFE 
HOMES OVERSEAS.—The Secretary of Defense shall, 
in consultation with the Secretaries of the military 
departments, issue policy that clarifies and standard-
izes across the Armed Forces the circumstances under 
which a commander may remove a child from a po-
tentially unsafe home at an installation overseas. 
(6) RESOURCE GUIDE FOR FAMILIES AFFECTED 
BY CHILD ABUSE.— 
(A) IN GENERAL.—The Secretary of each 
military department shall develop and maintain 
a comprehensive guide on resources available 
through the Department of Defense and such 
military department for military families under 
this jurisdiction of such Secretary who are af-
fected by child abuse. 
(B) ELEMENTS.—Each guide under this 
paragraph shall include the following:
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† HR 6395 EAS 
(i) Information on the response proc-
esses of the Family Advocacy Programs and 
military criminal investigation organiza-
tions of the military department concerned. 
(ii) Lists of available support services, 
such as legal, medical, and victim advocacy 
services, through the Department of Defense 
and the military department concerned. 
(C) 
DISTRIBUTION.—A 
resource 
guide 
under this paragraph shall be presented to a 
military family by an installation Family Advo-
cacy Program and military criminal investiga-
tion personnel at the time a covered incident of 
child abuse involving a child in such family is 
reported. 
(D) AVAILABILITY ON INTERNET.—A cur-
rent version of each resource guide under this 
paragraph shall be available to the public on an 
Internet website of the military department con-
cerned available to the public. 
(d) COORDINATION AND COLLABORATION WITH NON- 
MILITARY RESOURCES.— 
(1) COORDINATION
WITH
STATES.—The Sec-
retary of Defense shall—
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† HR 6395 EAS 
(A) continue the outreach efforts of the De-
partment of Defense to the States in order to en-
sure that States are notified when a member of 
the Armed Forces or a military dependent is in-
volved in a reported incident of child abuse off 
a military installation; and 
(B) increase efforts at information sharing 
between the Department and the States on such 
incidents of child abuse, including entry into 
memoranda of understanding with State child 
welfare agencies on information sharing in con-
nection with such incidents. 
(2) COLLABORATION
WITH
NATIONAL
CHIL-
DREN’S ALLIANCE.— 
(A) MEMORANDA OF UNDERSTANDING.—The 
Secretary of each military department shall seek 
to enter into a memorandum of understanding 
with the National Children’s Alliance under 
which— 
(i) the children’s advocacy center serv-
ices of the Alliance are available to all in-
stallations in the continental United States 
under the jurisdiction of such Secretary; 
and
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† HR 6395 EAS 
(ii) members of the Armed Forces 
under the jurisdiction of such Secretary are 
made aware of the nature and availability 
of such services. 
(B) PARTICIPATION
OF
CERTAIN
ENTI-
TIES.—Each memorandum of understanding 
under this paragraph shall provide for the ap-
propriate participation of the Family Advocacy 
Program and military criminal investigation or-
ganizations of the military department con-
cerned in activities under such memorandum of 
understanding. 
(C) BRIEFING.—Not later than one year 
after the date of the enactment of this Act, the 
Secretary of each military department shall pro-
vide to the Committees on Armed Services of the 
Senate and the House of Representatives a brief-
ing on the status of the development of a memo-
randum of understanding with the National 
Children’s Alliance under this paragraph, to-
gether with information on which installations, 
if any, under the jurisdiction of such Secretary 
have entered into a written agreement with a 
local children’s advocacy center with respect to 
child abuse on such installations.
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† HR 6395 EAS 
SEC. 576. MILITARY CHILD CARE AND CHILD DEVELOPMENT 
CENTER MATTERS. 
(a) CENTER FEES MATTERS.—Section 1793 of title 
10, United States Code, is amended by adding at the end 
the following new subsections: 
‘‘(c) LIBERAL ISSUANCE OF HARDSHIP WAIVERS.— 
The regulations prescribed pursuant to subsection (a) shall 
require that installation commanders issue waivers of fees 
otherwise established under the regulations for inability to 
pay (commonly referred to as ‘hardship waivers’) on a lib-
eral basis in a manner consistent (as specified by the Sec-
retary in such regulations) with ensuring that fees collected 
pursuant to subsection (a) meet the operating expenses of 
the child development centers concerned. 
‘‘(d) FAMILY DISCOUNT.—In the case of a family with 
two or more children attending a child development center, 
the regulations prescribed pursuant to subsection (a) shall 
require that installations commanders charge a fee for at-
tendance at the center of any child of the family after the 
first child of the family in amount equal to 85 percent of 
the amount of the fee otherwise chargeable for the attendance 
of such child at the center.’’. 
(b) CHILD
CARE
FEE
ASSISTANCE
PROGRAMS 
THROUGHOUT THE ARMED FORCES.— 
(1) PROGRAMS AUTHORIZED.—Each Secretary of 
a military department may carry out a program for
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† HR 6395 EAS 
each Armed Force under the jurisdiction of such Sec-
retary under which a member of the Armed Forces 
who is obtaining child care services from a civilian 
child care services provider located off a military in-
stallation is paid (subject to any limitation estab-
lished by such Secretary) a monthly amount equal to 
the amount, if any, by which— 
(A) the monthly amount charged by such 
provider for such services; exceeds 
(B) the monthly amount the military de-
partment concerned pays or otherwise provides 
members at such installation for child care serv-
ices on such installation. 
(2) MODEL.—Any program carried out pursuant 
to paragraph (1) shall be modeled after the Army Fee 
Assistance Program, and incorporate such modifica-
tions to that Program as the Secretary of the military 
department concerned considers appropriate. 
(3) SECRETARY OF DEFENSE APPROVAL.—Any 
program of an Armed Force under paragraph (1) 
shall be subject to the approval of the Secretary of De-
fense. 
(c) ADDITIONAL ACTIONS TO OBTAIN QUALIFIED 
CHILD CARE EMPLOYEES.—
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† HR 6395 EAS 
(1) IN
GENERAL.—Section 1792 of title 10, 
United States Code, is amended— 
(A) by redesignating subsection (d) as sub-
section (e); and 
(B) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d) ADDITIONAL ACTIONS TO OBTAIN QUALIFIED 
EMPLOYEES.—Each Secretary of a military department 
may, with the approval of the Secretary of Defense, take 
actions in addition to actions authorized by subsection (c) 
to provide military child development centers under the ju-
risdiction of such Secretary with a qualified and stable ci-
vilian workforce, including actions as follows: 
‘‘(1) Enhanced marketing and recruitment for 
employment. 
‘‘(2) Provision to employees of education-related 
benefits, including tuition assistance and student loan 
repayment programs. 
‘‘(3) Availability and enhancement of wellness 
and physical fitness programs for employees. 
‘‘(4) Provision of such other competitive benefits 
as the Secretary of the military department and the 
Secretary of Defense jointly consider appropriate.’’. 
(2) REPORTS ON INSTALLATIONS WITH EXTREME 
IMBALANCE
BETWEEN
DEMAND
FOR
AND
AVAIL-
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† HR 6395 EAS 
ily Child Care program at such installa-
tion. 
(iii) Such recommendations at the Sec-
retary of the military department concerned 
considers appropriate to address the imbal-
ance between demand for child care and 
availability of child care at such installa-
tion, including recommendations to enhance 
the competitiveness of civilian child care po-
sitions at such installation with other civil-
ian positions at such installation and the 
civilian labor pool in the vicinity of such 
installation. 
SEC. 577. EXPANSION OF FINANCIAL ASSISTANCE UNDER 
MY CAREER ADVANCEMENT ACCOUNT PRO-
GRAM. 
Section 580F of the National Defense Authorization 
Act for Fiscal Year 2020 (Public Law 116–92) is amend-
ed— 
(1) by inserting ‘‘(a) PROFESSIONAL LICENSE 
OR CERTIFICATION; ASSOCIATE’S DEGREE.—’’ before 
‘‘The Secretary’’; 
(2) by inserting ‘‘or maintenance (including con-
tinuing education courses)’’ after ‘‘pursuit’’; and
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† HR 6395 EAS 
(3) by adding at the end the following new sub-
section: 
‘‘(b) NATIONAL TESTING.—Financial assistance under 
subsection (a) may be applied to the costs of national tests 
that may earn a participating military spouse course cred-
its required for a degree approved under the program (in-
cluding the College Level Examination Program tests).’’. 
Subtitle H—Other Matters 
SEC. 586. REMOVAL OF PERSONALLY IDENTIFYING AND 
OTHER INFORMATION OF CERTAIN PERSONS 
FROM INVESTIGATIVE REPORTS, THE DE-
PARTMENT OF DEFENSE CENTRAL INDEX OF 
INVESTIGATIONS, AND OTHER RECORDS AND 
DATABASES. 
(a) POLICY AND PROCESS REQUIRED.—Not later than 
October 1, 2021, the Secretary of Defense shall establish and 
maintain a policy and process through which any covered 
person may request that the person’s name, personally iden-
tifying information, and other information pertaining to 
the person shall, in accordance with subsection (c), be cor-
rected in, or expunged or otherwise removed from, the fol-
lowing: 
(1) A law enforcement or criminal investigative 
report of the Department of Defense or any compo-
nent of the Department.
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† HR 6395 EAS 
(2) An index item or entry in the Department 
of Defense Central Index of Investigations (DCII). 
(3) Any other record maintained in connection 
with a report described in paragraph (1), or an index 
item or entry described in paragraph (2), in any sys-
tem of records, records database, records center, or re-
pository maintained by or on behalf of the Depart-
ment. 
(b) COVERED PERSONS.—For purposes of this section, 
a covered person is any person whose name was placed or 
reported, or is maintained— 
(1) in the subject or title block of a law enforce-
ment or criminal investigative report of the Depart-
ment of Defense (or any component of the Depart-
ment); 
(2) as an item or entry in the Department of De-
fense Central Index of Investigations; or 
(3) in any other record maintained in connec-
tion with a report described in paragraph (1), or an 
index item or entry described in paragraph (2), in 
any system of records, records database, records cen-
ter, or repository maintained by or on behalf of the 
Department. 
(c) ELEMENTS.—The policy and process required by 
subsection (a) shall include the following elements:
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† HR 6395 EAS 
(1) 
BASIS
FOR
CORRECTION
OR 
EXPUNGEMENT.—That the name, personally identi-
fying information, and other information of a covered 
person shall be corrected in, or expunged or otherwise 
removed from, a report, item or entry, or record de-
scribed in paragraphs (1) through (3) of subsection 
(a) in the following circumstances: 
(A) Probable cause did not or does not exist 
to believe that the offense for which the person’s 
name was placed or reported, or is maintained, 
in such report, item or entry, or record occurred, 
or insufficient evidence existed or exists to deter-
mine whether or not such offense occurred. 
(B) Probable cause did not or does not exist 
to believe that the person actually committed the 
offense for which the person’s name was so 
placed or reported, or is so maintained, or insuf-
ficient evidence existed or exists to determine 
whether or not the person actually committed 
such offense. 
(C) Such other circumstances, or on such 
other bases, as the Secretary may specify in es-
tablishing the policy and process, which cir-
cumstances and bases may not be inconsistent
367 
† HR 6395 EAS 
with the circumstances and bases provided by 
subparagraphs (A) and (B). 
(2) CONSIDERATIONS.—While not dispositive as 
to the existence of a circumstance or basis set forth in 
paragraph (1), the following shall be considered in the 
determination whether such circumstance or basis ap-
plies to a covered person for purposes of this section: 
(A) The extent or lack of corroborating evi-
dence against the covered person concerned with 
respect to the offense at issue. 
(B) Whether adverse administrative, dis-
ciplinary, judicial, or other such action was ini-
tiated against the covered person for the offense 
at issue. 
(C) The type, nature, and outcome of any 
action described in subparagraph (B) against the 
covered person. 
(3) PROCEDURES.—The policy and process re-
quired by subsection (a) shall include procedures as 
follows: 
(A) Procedures under which a covered per-
son may appeal a determination of the applica-
ble component of the Department of Defense de-
nying, whether in whole or in part, a request for 
purposes of subsection (a).
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† HR 6395 EAS 
(B) Procedures under which the applicable 
component of the Department will correct, ex-
punge or remove, take other appropriate action 
on, or assist a covered person in so doing, any 
record maintained by a person, organization, or 
entity outside of the Department to which such 
component provided, submitted, or transmitted 
information about the covered person, which in-
formation has or will be corrected in, or ex-
punged or removed from, Department records 
pursuant to this section. 
(C) The timeline pursuant to which the De-
partment, or a component of the Department, as 
applicable, will respond to each of the following: 
(i) A request pursuant to subsection 
(a). 
(ii) An appeal under the procedures re-
quired by subparagraph (A). 
(iii) A request for assistance under the 
procedures required by subparagraph (B). 
(D) Mechanisms through which the Depart-
ment will keep a covered person apprised of the 
progress of the Department on a covered person’s 
request or appeal as described in subparagraph 
(C).
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† HR 6395 EAS 
(d) APPLICABILITY.—The policy and process required 
to be developed by the Secretary under subsection (a) shall 
not be subject to the notice and comment rulemaking re-
quirements under section 553 of title 5, United States Code. 
(e) REPORT.—Not later than October 1, 2021, the Sec-
retary shall submit to the Committees on Armed Services 
of the Senate and the House of Representatives a report on 
the actions taken to carry out this section, including a com-
prehensive description of the policy and process developed 
and implemented by the Secretary under subsection (a). 
SEC. 587. NATIONAL EMERGENCY EXCEPTION FOR TIMING 
REQUIREMENTS WITH RESPECT TO CERTAIN 
SURVEYS 
OF 
MEMBERS 
OF 
THE 
ARMED 
FORCES. 
(a) MEMBERS OF REGULAR AND RESERVE COMPO-
NENTS.—Subsection (d) of section 481 of title 10, United 
States Code, is amended to read as follows: 
‘‘(d) WHEN SURVEYS REQUIRED.—(1) The Armed 
Forces Workplace and Gender Relations Surveys of the Ac-
tive Duty and the Armed Forces Workplace and Gender Re-
lations Survey of the Reserve Components shall each be con-
ducted once every two years. The surveys may be conducted 
within the same year or in two separate years, and shall 
be conducted in a manner designed to reduce the burden 
of the surveys on members of the armed forces.
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† HR 6395 EAS 
‘‘(2) The two Armed Forces Workplace and Equal Op-
portunity Surveys shall be conducted at least once every 
four years. The surveys may be conducted within the same 
year or in two separate years, and shall be conducted in 
a manner designed to reduce the burden of the surveys on 
members of the armed forces. 
‘‘(3)(A) The Secretary of Defense may postpone the 
conduct of a survey under this section if the Secretary deter-
mines that conducting such survey is not practicable due 
to a war or national emergency declared by the President 
or Congress. 
‘‘(B) The Secretary shall ensure that a survey post-
poned under subparagraph (A) is conducted as soon as 
practicable after the end of the period of war or national 
emergency concerned, or earlier if the Secretary determines 
appropriate. 
‘‘(C) The Secretary shall notify Congress of a deter-
mination under subparagraph (A) not later than 30 days 
after the date on which the Secretary makes such determina-
tion.’’. 
(b) CADETS AND MIDSHIPMEN.— 
(1) UNITED STATES MILITARY ACADEMY.—Sec-
tion 7461(c) of title 10, United States Code, is 
amended by adding at the end the following new 
paragraph:
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† HR 6395 EAS 
‘‘(3)(A) The Secretary of Defense may postpone the 
conduct of an assessment under this subsection if the Sec-
retary determines that conducting such assessment is not 
practicable due to a war or national emergency declared 
by the President or Congress. 
‘‘(B) The Secretary of Defense shall ensure that an as-
sessment postponed under subparagraph (A) is conducted 
as soon as practicable after the end of the period of war 
or national emergency concerned, or earlier if the Secretary 
determines appropriate. 
‘‘(C) The Secretary of Defense shall notify Congress of 
a determination under subparagraph (A) not later than 30 
days after the date on which the Secretary makes such deter-
mination.’’. 
(2) UNITED STATES NAVAL ACADEMY.—Section 
8480(c) of such title is amended by adding at the end 
the following new paragraph: 
‘‘(3)(A) The Secretary of Defense may postpone the 
conduct of an assessment under this subsection if the Sec-
retary determines that conducting such assessment is not 
practicable due to a war or national emergency declared 
by the President or Congress. 
‘‘(B) The Secretary of Defense shall ensure that an as-
sessment postponed under subparagraph (A) is conducted 
as soon as practicable after the end of the period of war
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† HR 6395 EAS 
or national emergency concerned, or earlier if the Secretary 
determines appropriate. 
‘‘(C) The Secretary of Defense shall notify Congress of 
a determination under subparagraph (A) not later than 30 
days after the date on which the Secretary makes such deter-
mination.’’. 
(3) UNITED STATES AIR FORCE ACADEMY.—Sec-
tion 9461(c) of such title is amended by adding at the 
end the following new paragraph: 
‘‘(3)(A) The Secretary of Defense may postpone the 
conduct of an assessment under this subsection if the Sec-
retary determines that conducting such assessment is not 
practicable due to a war or national emergency declared 
by the President or Congress. 
‘‘(B) The Secretary of Defense shall ensure that an as-
sessment postponed under subparagraph (A) is conducted 
as soon as practicable after the end of the period of war 
or national emergency concerned, or earlier if the Secretary 
determines appropriate. 
‘‘(C) The Secretary of Defense shall notify Congress of 
a determination under subparagraph (A) not later than 30 
days after the date on which the Secretary makes such deter-
mination.’’.
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† HR 6395 EAS 
(c) DEPARTMENT
OF DEFENSE CIVILIAN EMPLOY-
EES.—Section 481a of title 10, United States Code, is 
amended by adding at the end the following new subsection: 
‘‘(d) POSTPONEMENT.—(1) The Secretary of Defense 
may postpone the conduct of a survey under this section 
if the Secretary determines that conducting such survey is 
not practicable due to a war or national emergency declared 
by the President or Congress. 
‘‘(2) The Secretary shall ensure that a survey post-
poned under paragraph (1) is conducted as soon as prac-
ticable after the end of the period of war or national emer-
gency concerned, or earlier if the Secretary determines ap-
propriate. 
‘‘(3) The Secretary shall notify Congress of a deter-
mination under paragraph (1) not later than 30 days after 
the date on which the Secretary makes such determina-
tion.’’. 
SEC. 588. SUNSET AND TRANSFER OF FUNCTIONS OF THE 
PHYSICAL DISABILITY BOARD OF REVIEW. 
Section 1554a of title 10, United States Code, is 
amended by adding at the end the following new subsection: 
‘‘(g) SUNSET.—(1) On or after October 1, 2020, the 
Secretary of Defense may sunset the Physical Disability 
Board of Review under this section.
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† HR 6395 EAS 
‘‘(2) If the Secretary sunsets the Physical Disability 
Board of Review under paragraph (1), the Secretary shall 
transfer any remaining requests for review pending at that 
time, and shall assign any new requests for review under 
this section, to a board for the correction of military records 
operated by the Secretary concerned under section 1552 of 
this title.. 
‘‘(3) Subsection (c)(4) shall not apply with respect to 
any review conducted by a board for the correction of mili-
tary records under paragraph (2).’’. 
SEC. 589. EXTENSION OF REPORTING DEADLINE FOR THE 
ANNUAL REPORT ON THE ASSESSMENT OF 
THE EFFECTIVENESS OF ACTIVITIES OF THE 
FEDERAL VOTING ASSISTANCE PROGRAM. 
(a) ELIMINATION OF REPORTS FOR NON-ELECTION 
YEARS.—Section 105A(b) of the Uniformed and Overseas 
Citizens Absentee Voting Act (52 U.S.C. 20308(b)) is 
amended, in the matter preceding paragraph (1)— 
(1) by striking ‘‘March 31 of each year’’ and in-
serting ‘‘September 30 of each odd-numbered year’’; 
and 
(2) by striking ‘‘the following information’’ and 
inserting ‘‘the following information with respect to 
the Federal elections held during the preceding cal-
endar year’’.
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† HR 6395 EAS 
(b) CONFORMING AMENDMENTS.—Subsection (b) of 
section 105A of such Act (52 U.S.C. 20308(b)) is amend-
ed— 
(1) in the subsection heading, by striking ‘‘AN-
NUAL REPORT’’ and inserting ‘‘BIENNIAL REPORT’’; 
and 
(2) in paragraph (3), by striking ‘‘In the case 
of’’ and all that follows through ‘‘a description’’ and 
inserting ‘‘A description’’. 
SEC. 590. PILOT PROGRAMS ON REMOTE PROVISION BY NA-
TIONAL GUARD TO STATE GOVERNMENTS 
AND NATIONAL GUARDS OF OTHER STATES 
OF CYBERSECURITY TECHNICAL ASSISTANCE 
IN TRAINING, PREPARATION, AND RESPONSE 
TO CYBER INCIDENTS. 
(a) PILOT PROGRAMS AUTHORIZED.—The Secretary 
of the Army and the Secretary of the Air Force may each, 
in consultation with the Chief of the National Guard Bu-
reau, conduct a pilot program to assess the feasibility and 
advisability of the development of a capability within the 
National Guard through which a National Guard of a State 
remotely provides State governments and National Guards 
of other States (whether or not in the same Armed Force 
as the providing National Guard) with cybersecurity tech-
nical assistance in training, preparation, and response to
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† HR 6395 EAS 
cyber incidents. If such Secretary elects to conduct such a 
pilot program, such Secretary shall be known as an ‘‘ad-
ministering Secretary’’ for purposes of this section, and any 
reference in this section to ‘‘the pilot program’’ shall be 
treated as a reference to the pilot program conducted by 
such Secretary. 
(b) ASSESSMENT PRIOR
TO COMMENCEMENT.—For 
purposes of evaluating existing platforms, technologies, and 
capabilities under subsection (c), and for establishing eligi-
bility and participation requirements under subsection (d), 
for purposes of the pilot program, an administering Sec-
retary, in consultation with the Chief of the National Guard 
Bureau, shall, prior to commencing the pilot program— 
(1) conduct an assessment of— 
(A) existing cyber response capacities of the 
Army National Guard or Air National Guard, 
as applicable, in each State; and 
(B) any existing platform, technology, or 
capability of a National Guard that provides the 
capability described in subsection (a); and 
(2) determine whether a platform, technology, or 
capability described in paragraph (1)(B) is suitable 
for expansion for purposes of the pilot program. 
(c) ELEMENTS.—A pilot program under subsection (a) 
shall include the following:
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(1) A technical capability that enables the Na-
tional Guard of a State to remotely provide cyberse-
curity technical assistance to State governments and 
National Guards of other States, without the need to 
deploy outside its home State. 
(2) Policies, processes, procedures, and authori-
ties for use of such a capability, including with re-
spect to the following: 
(A) The roles and responsibilities of both re-
questing and deploying State governments and 
National Guards with respect to such technical 
assistance, taking into account the matters speci-
fied in subsection (f). 
(B) Necessary updates to the Defense Cyber 
Incident Coordinating Procedure, or any other 
applicable Department of Defense instruction, for 
purposes of implementing the capability. 
(C) Program management and governance 
structures for deployment and maintenance of 
the capability. 
(D) Security when performing remote sup-
port, including such in matters such as authen-
tication and remote sensing. 
(3) The conduct, in coordination with the Chief 
of the National Guard Bureau and the Secretary of
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Homeland Security and in consultation with the Di-
rector of the Federal Bureau of Investigation, other 
Federal agencies, and appropriate non-Federal enti-
ties, of at least one exercise to demonstrate the capa-
bility, which exercise shall include the following: 
(A) Participation of not fewer than two 
State governments and their National Guards. 
(B) Circumstances designed to test and vali-
date the policies, processes, procedures, and au-
thorities developed pursuant to paragraph (2). 
(C) An after action review of the exercise. 
(d) USE
OF EXISTING TECHNOLOGY.—An admin-
istering Secretary may use an existing platform, tech-
nology, or capability to provide the capability described in 
subsection (a) under the pilot program. 
(e) ELIGIBILITY
AND
PARTICIPATION
REQUIRE-
MENTS.—An administering Secretary shall, in consultation 
with the Chief of the National Guard Bureau, establish re-
quirements with respect to eligibility and participation of 
State governments and their National Guards in the pilot 
program. 
(f) CONSTRUCTION WITH CERTAIN CURRENT AU-
THORITIES.— 
(1) COMMAND AUTHORITIES.—Nothing in a pilot 
program under subsection (a) may be construed as af-
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fecting or altering the command authorities otherwise 
applicable to any unit of the National Guard unit 
participating in the pilot program. 
(2) EMERGENCY MANAGEMENT ASSISTANCE COM-
PACT.—Nothing in a pilot program may be construed 
as affecting or altering any current agreement under 
the Emergency Management Assistance Compact, or 
any other State agreements, or as determinative of the 
future content of any such agreement. 
(g) EVALUATION METRICS.—An administering Sec-
retary shall, in consultation with the Chief of the National 
Guard Bureau and the Secretary of Homeland Security, 
establish metrics to evaluate the effectiveness of the pilot 
program. 
(h) TERM.—A pilot program under subsection (a) 
shall terminate on the date that is three years after the date 
of the commencement of the pilot program. 
(i) REPORTS.— 
(1) INITIAL REPORT.—Not later than 180 days 
after the date of the commencement of the pilot pro-
gram, the administering Secretary shall submit to the 
appropriate committees of Congress a report setting 
forth a description of the pilot program and such 
other matters in connection with the pilot program as 
the Secretary considers appropriate.
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(2) FINAL REPORT.—Not later than 180 days 
after the termination of the pilot program, the admin-
istering Secretary shall submit to the appropriate 
committees of Congress a report on the pilot program. 
The report shall include the following: 
(A) A description of the pilot program, in-
cluding any partnerships entered into by the 
Chief of the National Guard Bureau under the 
pilot program. 
(B) A summary of the assessment performed 
prior to the commencement of the pilot program 
in accordance with subsection (b). 
(C) A summary of the evaluation metrics 
established in accordance with subsection (g). 
(D) An assessment of the effectiveness of the 
pilot program, and of the capability described in 
subsection (a) under the pilot program. 
(E) A description of costs associated with 
the implementation and conduct of the pilot pro-
gram. 
(F) A recommendation as to the termi-
nation or extension of the pilot program, or the 
making of the pilot program permanent with an 
expansion nationwide.
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(G) An estimate of the costs of making the 
pilot program permanent and expanding it na-
tionwide in accordance with the recommendation 
in subparagraph (F). 
(H) Such recommendations for legislative or 
administrative action as the Secretary considers 
appropriate in light of the pilot program. 
(3) APPROPRIATE
COMMITTEES
OF
CONGRESS 
DEFINED.—In this subsection, the term ‘‘appropriate 
committees of Congress’’ means— 
(A) the Committee on Armed Services and 
the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate; and 
(B) the Committee on Armed Services and 
the Committee on Homeland Security of the 
House of Representatives. 
(j) STATE DEFINED.—In this section, the term ‘‘State’’ 
means each of the several States, the District of Columbia, 
the Commonwealth of Puerto Rico, American Samoa, 
Guam, the United States Virgin Islands, and the Common-
wealth of the Northern Mariana Islands.
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SEC. 591. PLAN ON PERFORMANCE OF FUNERAL HONORS 
DETAILS BY MEMBERS OF OTHER ARMED 
FORCES WHEN MEMBERS OF THE ARMED 
FORCE OF THE DECEASED ARE UNAVAILABLE. 
(a) BRIEFING ON PLAN.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall provide a briefing to the Committees on 
Armed Services of the Senate and the House of Rep-
resentatives setting forth a plan for the performance 
of a funeral honors detail at the funeral of a deceased 
member of the Armed Forces by one or more members 
of the Armed Forces from an Armed Force other than 
that of the deceased when— 
(A) members of the Armed Force of the de-
ceased are unavailable for the performance of the 
detail; and 
(B) the performance of the detail by mem-
bers of other Armed Forces is requested by the 
family of the deceased. 
(2) REPEAL OF REQUIREMENT FOR ONE MEMBER 
OF ARMED FORCE OF DECEASED IN DETAIL.—Section 
1491(b)(2) of title 10, United States Code, is amended 
in the first sentence by striking ‘‘, at least one of 
whom shall be a member of the armed force of which 
the veteran was a member’’.
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(3) PERFORMANCE.—The plan required by para-
graph (1) shall authorize the performance of funeral 
honors details by members of the Army National 
Guard and the Air National Guard under section 115 
of title 32, United States Code, and may authorize the 
remainder of such details to consist of members of vet-
erans organizations or other organizations approved 
for purposes of section 1491 of title 10, United States 
Code, as provided for by subsection (b)(2) of such sec-
tion 1491. 
(b) ELEMENTS.—The briefing under subsection (a) 
shall include a description in detail the authorities and re-
quirements for the implementation of the plan, including 
administrative, logistical, coordination, and funding au-
thorities and requirements. 
SEC. 592. LIMITATION ON IMPLEMENTATION OF ARMY COM-
BAT FITNESS TEST. 
The Secretary of the Army may not implement the 
Army Combat Fitness Test until the Secretary receives re-
sults of a study, conducted for purposes of this section by 
an entity independent of the Department of Defense, on the 
following: 
(1) The extent, if any, to which the test would 
adversely impact members of the Army stationed or 
deployed to climates or areas with conditions that
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make prohibitive the conduct of outdoor physical 
training on a frequent or sustained basis. 
(2) The extent, if any, to which the test would 
affect recruitment and retention in critical support 
military occupational specialties (MOS) of the Army, 
such as medical personnel. 
SEC. 593. REPORT ON IMPACT OF CHILDREN OF CERTAIN 
FILIPINO WORLD WAR II VETERANS ON NA-
TIONAL SECURITY, FOREIGN POLICY, AND 
ECONOMIC AND HUMANITARIAN INTERESTS 
OF THE UNITED STATES. 
(a) IN GENERAL.—Not later than December 31, 2020, 
the Secretary of Homeland Security, in consultation with 
the Secretary of Defense and the Secretary of State, shall 
submit to the congressional defense committees a report on 
the impact of the children of certain Filipino World War 
II veterans on the national security, foreign policy, and eco-
nomic and humanitarian interests of the United States. 
(b) ELEMENTS.—The report required by subsection (a) 
shall include the following: 
(1) The number of Filipino World War II vet-
erans who fought under the United States flag during 
World War II to protect and defend the United States 
in the Pacific theater.
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(2) The number of Filipino World War II vet-
erans who died fighting under the United States flag 
during World War II to protect and defend the 
United States in the Pacific theater. 
(3) An assessment of the economic and tax con-
tributions that Filipino World War II veterans and 
their families have made to the United States. 
(4) An assessment of the impact on the United 
States of exempting from the numerical limitations 
on immigrant visas the children of the Filipino World 
War II veterans who were naturalized under— 
(A) section 405 of the Immigration Act of 
1990 (Public Law 101–649; 8 U.S.C. 1440 note); 
or 
(B) title III of the Nationality Act of 1940 
(54 Stat. 1137; chapter 876), as added by section 
1001 of the Second War Powers Act, 1942 (56 
Stat. 182; chapter 199).
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TITLE VI—COMPENSATION AND 
OTHER PERSONNEL BENEFITS 
Subtitle A—Pay and Allowances 
SEC. 601. REORGANIZATION OF CERTAIN ALLOWANCES 
OTHER THAN TRAVEL AND TRANSPORTATION 
ALLOWANCES. 
(a) PER DIEM FOR DUTY OUTSIDE THE CONTINENTAL 
UNITED STATES.— 
(1) TRANSFER TO CHAPTER 7.—Section 475 of 
title 37, United States Code, is transferred to chapter 
7 of such title, inserted after section 403b, and redes-
ignated as section 405. 
(2) REPEAL OF TERMINATION PROVISION.—Sec-
tion 405 of title 37, United States Code, as added by 
paragraph (1), is amended by striking subsection (f). 
(3) RETITLING OF AUTHORITY.—The heading of 
section 405 of title 37, United States Code, as so 
added, is amended to read as follows: 
‘‘§ 405. Per diem while on duty outside the continental 
United States’’. 
(b) ALLOWANCE FOR FUNERAL HONORS DUTY.— 
(1) TRANSFER TO CHAPTER 7.—Section 495 of 
title 37, United States Code, is transferred to chapter 
7 of such title, inserted after section 433a, and redes-
ignated as section 435.
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(2) REPEAL OF TERMINATION PROVISION.—Sec-
tion 435 of title 37, United States Code, as added by 
paragraph (1), is amended by striking subsection (c). 
(c) CLERICAL AMENDMENTS.— 
(1) CHAPTER 7.—The table of sections at the be-
ginning of chapter 7 of such title 37, United States 
Code, is amended— 
(A) by inserting after the item relating to 
section 403b the following new item: 
‘‘405. Per diem while on duty outside the continental United States.’’; 
and 
(B) by inserting after the item relating to 
section 433a the following new item: 
‘‘435. Funeral honors duty: allowance.’’. 
(2) CHAPTER 8.—The table of sections at the be-
ginning of chapter 8 of such title is amended by strik-
ing the items relating to sections 475 and 495. 
SEC. 602. HAZARDOUS DUTY PAY FOR MEMBERS OF THE 
ARMED FORCES PERFORMING DUTY IN RE-
SPONSE TO THE CORONAVIRUS DISEASE 2019. 
(a) IN GENERAL.—The Secretary of the military de-
partment concerned shall pay hazardous duty pay under 
this section to a member of a regular or reserve component 
of the Armed Forces who— 
(1) performs duty in response to the Coronavirus 
Disease 2019 (COVID–19); and
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(2) is entitled to basic pay under section 204 of 
title 37, United States Code, or compensation under 
section 206 of such title, for the performance of such 
duty. 
(b) REGULATIONS.—Hazardous duty pay shall be pay-
able under this section in accordance with regulations pre-
scribed by the Secretary of Defense. Such regulations shall 
specify the duty in response to the Coronavirus Disease 
2019 qualifying a member for payment of such pay under 
this section. 
(c) AMOUNT.—The amount of hazardous duty pay 
paid a member under this section shall be such amount per 
month, not less than $150 per month, as the Secretary of 
Defense shall specify in the regulations under subsection (b). 
(d) MONTHLY PAYMENT; NO PRORATION.— 
(1) MONTHLY PAYMENT.—Hazardous duty pay 
under this section shall be paid on a monthly basis. 
(2) NO
PRORATION.—Hazardous duty pay is 
payable to a member under this section for a month 
if the member performs any duty in that month 
qualifying the person for payment of such pay. 
(e) MONTHS FOR WHICH PAYABLE.—Hazardous duty 
pay is payable under this section for qualifying duty per-
formed in months occurring during the period— 
(1) beginning on January 1, 2020; and
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(2) ending on December 31, 2020. 
(f) CONSTRUCTION WITH OTHER PAY.—Hazardous 
duty pay payable to a member under this section is in addi-
tion to the following: 
(1) Any other pay and allowances to which the 
member is entitled by law. 
(2) Any other hazardous duty pay to which the 
member is entitled under section 351 of title 37, 
United States Code (or any other provision of law), 
for duty that also constitutes qualifying duty for pay-
ment of such pay under this section. 
(g) SENSE OF SENATE.—It is the sense of the Senate 
that the Secretary of Defense should also authorize haz-
ardous duty pay for members of the Armed Forces not 
under orders specific to the response to the Coronavirus Dis-
ease 2019 who provide— 
(1) healthcare in a military medical treatment 
facility for individuals infected with the Coronavirus 
Disease 2019; or 
(2) technical or administrative support for the 
provision of healthcare as described in paragraph (1).
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SEC. 603. COMPENSATION AND CREDIT FOR RETIRED PAY 
PURPOSES FOR MATERNITY LEAVE TAKEN BY 
MEMBERS OF THE RESERVE COMPONENTS. 
(a) COMPENSATION.—Section 206(a) of title 37, 
United States Code, is amended— 
(1) in paragraph (2), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (3), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding the end the following new para-
graph: 
‘‘(4) for each of 6 days in connection with the 
taking by the member of a period of maternity 
leave.’’. 
(b) CREDIT FOR RETIRED PAY PURPOSES.— 
(1) IN GENERAL.—The period of maternity leave 
taken by a member of the reserve components of the 
Armed Forces in connection with the birth of a child 
shall count toward the member’s entitlement to retired 
pay, and in connection with the years of service used 
in computing retired pay, under chapter 1223 of title 
10, United States Code, as 12 points. 
(2) SEPARATE
CREDIT
FOR
EACH
PERIOD
OF 
LEAVE.—Separate crediting of points shall accrue to 
a member pursuant to this subsection for each period
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of maternity leave taken by the member in connection 
with a childbirth event. 
(3) WHEN CREDITED.—Points credited a mem-
ber for a period of maternity leave pursuant to this 
subsection shall be credited in the year in which the 
period of maternity leave concerned commences. 
(4) CONTRIBUTION OF LEAVE TOWARD ENTITLE-
MENT TO RETIRED PAY.—Section 12732(a)(2) of title 
10, United States Code, is amended by inserting after 
subparagraph (E) the following new subparagraph: 
‘‘(F) Points at the rate of 12 a year for the tak-
ing of maternity leave.’’. 
(5) COMPUTATION OF YEARS OF SERVICE FOR 
RETIRED PAY.—Section 12733 of such title is amend-
ed— 
(A) by redesignating paragraph (5) as 
paragraph (6); and 
(B) by inserting after paragraph (4) the fol-
lowing new paragraph (5): 
‘‘(5) One day for each point credited to the per-
son under subparagraph (F) of section 12732(a)(2) of 
this title.’’. 
(c) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on the date of 
the enactment of this Act, and shall apply with respect to
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periods of maternity leave that commence on or after that 
date. 
Subtitle B—Bonuses and Special 
and Incentive Pays 
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING 
BONUS AND SPECIAL PAY AUTHORITIES. 
(a) AUTHORITIES RELATING TO RESERVE FORCES.— 
Section 910(g) of title 37, United States Code, relating to 
income replacement payments for reserve component mem-
bers experiencing extended and frequent mobilization for ac-
tive duty service, is amended by striking ‘‘December 31, 
2020’’ and inserting ‘‘December 31, 2021’’. 
(b) TITLE 10 AUTHORITIES RELATING TO HEALTH 
CARE PROFESSIONALS.—The following sections of title 10, 
United States Code, are amended by striking ‘‘December 31, 
2020’’ and inserting ‘‘December 31, 2021’’: 
(1) Section 2130a(a)(1), relating to nurse officer 
candidate accession program. 
(2) Section 16302(d), relating to repayment of 
education loans for certain health professionals who 
serve in the Selected Reserve. 
(c) AUTHORITIES
RELATING
TO
NUCLEAR
OFFI-
CERS.—Section 333(i) of title 37, United States Code, is 
amended by striking ‘‘December 31, 2020’’ and inserting 
‘‘December 31, 2021’’.
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(d) AUTHORITIES RELATING TO TITLE 37 CONSOLI-
DATED SPECIAL PAY, INCENTIVE PAY, AND BONUS AU-
THORITIES.—The following sections of title 37, United 
States Code, are amended by striking ‘‘December 31, 2020’’ 
and inserting ‘‘December 31, 2021’’: 
(1) Section 331(h), relating to general bonus au-
thority for enlisted members. 
(2) Section 332(g), relating to general bonus au-
thority for officers. 
(3) Section 334(i), relating to special aviation 
incentive pay and bonus authorities for officers. 
(4) Section 335(k), relating to special bonus and 
incentive pay authorities for officers in health profes-
sions. 
(5) Section 336(g), relating to contracting bonus 
for cadets and midshipmen enrolled in the Senior Re-
serve Officers’ Training Corps. 
(6) Section 351(h), relating to hazardous duty 
pay. 
(7) Section 352(g), relating to assignment pay or 
special duty pay. 
(8) Section 353(i), relating to skill incentive pay 
or proficiency bonus.
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(9) Section 355(h), relating to retention incen-
tives for members qualified in critical military skills 
or assigned to high priority units. 
(e) AUTHORITY TO PROVIDE TEMPORARY INCREASE IN 
RATES
OF BASIC ALLOWANCE
FOR HOUSING.—Section 
403(b)(7)(E) of title 37, United States Code, is amended 
by striking ‘‘December 31, 2020’’ and inserting ‘‘December 
31, 2021’’. 
SEC. 612. INCREASE IN SPECIAL AND INCENTIVE PAYS FOR 
OFFICERS IN HEALTH PROFESSIONS. 
(a) ACCESSION BONUS GENERALLY.—Subparagraph 
(A) of section 335(e)(1) of title 37, United States Code, is 
amended by striking ‘‘$30,000’’ and inserting ‘‘$100,000’’. 
(b) ACCESSION BONUS FOR CRITICALLY SHORT WAR-
TIME SPECIALTIES.—Subparagraph (B) of such section is 
amended by striking ‘‘$100,000’’ and inserting ‘‘$200,000’’. 
(c) RETENTION BONUS.—Subparagraph (C) of such 
section is amended by striking ‘‘$75,000’’ and inserting 
‘‘$150,000’’. 
(d) INCENTIVE PAY.—Subparagraph (D) of such sec-
tion is amended— 
(1) in clause (i), by striking ‘‘$100,000’’ and in-
serting ‘‘$200,000’’; and 
(2) in clause (ii), by striking ‘‘$15,000’’ and in-
serting ‘‘$50,000’’.
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(e) BOARD CERTIFICATION PAY.—Subparagraph (E) 
of such section is amended by striking ‘‘$6,000’’ and insert-
ing ‘‘$15,000’’. 
(f) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on October 1, 2020, and shall apply 
with respect to special bonus and incentive pays payable 
under section 335 of title 37, United States Code, pursuant 
to agreements entered into under that section on or after 
that date. 
Subtitle C—Disability Pay, Retired 
Pay, and Survivor Benefits 
SEC. 621. INCLUSION OF DRILL OR TRAINING FOREGONE 
DUE TO EMERGENCY TRAVEL OR DUTY RE-
STRICTIONS IN COMPUTATIONS OF ENTITLE-
MENT TO AND AMOUNTS OF RETIRED PAY 
FOR NON-REGULAR SERVICE. 
(a) 
ENTITLEMENT
TO
RETIRED
PAY.—Section 
12732(a)(2) of title 10, United States Code, is amended— 
(1) by inserting after subparagraph (E) the fol-
lowing new subparagraph: 
‘‘(F)(i) Subject to regulations prescribed by 
the Secretary of Defense or the Secretary of 
Homeland Security with respect to matters con-
cerning the Coast Guard when it is not oper-
ating as a service in the Department of the
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† HR 6395 EAS 
Navy, one point for each day of active service or 
one point for each drill or period of equivalent 
instruction that was prescribed by the Secretary 
concerned to be performed during the covered 
emergency period, if such person was prevented 
from performing such duty due to travel or duty 
restrictions imposed by the President, the Sec-
retary of Defense, or the Secretary of Homeland 
Security with respect to the Coast Guard. 
‘‘(ii) A person may not be credited more 
than 35 points in a one-year period under this 
subparagraph. 
‘‘(iii) In this subparagraph, the term ‘cov-
ered emergency period’ means the period begin-
ning on March 1, 2020, and ending on the day 
that is 60 days after the date on which the travel 
or duty restriction applicable to the person con-
cerned is lifted.’’; and 
(2) in the matter following subparagraph (F), as 
inserted by paragraph (1), by striking ‘‘and (E)’’ and 
inserting ‘‘(E), and (F)’’. 
(b) AMOUNT OF RETIRED PAY.—Section 12733(3) of 
such title is amended in the matter preceding subparagraph 
(A), by striking ‘‘or (D)’’ and inserting ‘‘(D), or (F)’’.
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SEC. 622. MODERNIZATION AND CLARIFICATION OF PAY-
MENT OF CERTAIN RESERVES WHILE ON 
DUTY. 
(a) CHANGE IN PRIORITY OF PAYMENTS FOR RETIRED 
OR RETAINER PAY.—Subsection (a) of section 12316 of title 
10, United States Code, is amended— 
(1) in the matter preceding paragraph (1)— 
(A) by striking ‘‘subsection (b)’’ and insert-
ing ‘‘subsection (c)’’; and 
(B) by striking ‘‘his earlier military serv-
ice’’ and inserting ‘‘the Reserve’s earlier military 
service’’; 
(C) by striking ‘‘a pension, retired or re-
tainer pay, or disability compensation’’ and in-
serting ‘‘retired or retainer pay’’; and 
(D) by striking ‘‘he is entitled’’ and insert-
ing ‘‘the Reserve is entitled’’; and 
(2) by striking paragraphs (1) and (2) and in-
serting the following new paragraphs: 
‘‘(1) the pay and allowances authorized by law 
for the duty that the Reserve is performing; or 
‘‘(2) if the Reserve specifically waives those pay-
ments, the retired or retainer pay to which the Re-
serve is entitled because of the Reserve’s earlier mili-
tary service.’’.
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(b) PAYMENTS FOR PENSION OR DISABILITY COM-
PENSATION.—Such section is further amended— 
(1) by redesignating subsection (b) as subsection 
(c); and 
(2) by inserting after subsection (a) the following 
new subsection (b): 
‘‘(b) Except as provided by subsection (c), a Reserve 
of the Army, Navy, Air Force, Marine Corps, or Coast 
Guard who because of the Reserve’s earlier military service 
is entitled to a pension or disability compensation, and who 
performs duty for which the Reserve is entitled to compensa-
tion, may elect to receive for that duty either— 
‘‘(1) the pension or disability compensation to 
which the Reserve is entitled because of the Reserve’s 
earlier military service; or 
‘‘(2) if the Reserve specifically waives those pay-
ments, the pay and allowances authorized by law for 
the duty that the Reserve is performing.’’. 
(c) ADDITIONAL
CONFORMING
AND
MODERNIZING 
AMENDMENTS.—Subsection (c) of such section, as redesig-
nated by subsection (b)(1) of this section, is amended— 
(1) by striking ‘‘(a)(2)’’ both places it appears 
and inserting ‘‘(a)(1) or (b)(2), as applicable,’’;
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(2) by striking ‘‘his earlier military service’’ the 
first place it appears and inserting ‘‘a Reserve’s ear-
lier military service’’; 
(3) by striking ‘‘his earlier military service’’ 
each other place it appears and inserting ‘‘the Re-
serve’s earlier military service’’; 
(4) by striking ‘‘he is entitled’’ and inserting 
‘‘the Reserve is entitled’’; and 
(5) by striking ‘‘the member or his dependents’’ 
and inserting ‘‘the Reserve or the Reserve’s depend-
ents’’. 
(d) PROCEDURES.—Such section is further amended 
by adding at the end the following new subsection: 
‘‘(d) The Secretary of Defense shall prescribe regula-
tions under which a Reserve of the Army, Navy, Air Force, 
Marine Corps, or Coast Guard may waive the pay and al-
lowances authorized by law for the duty the Reserve is per-
forming under subsection (a)(2) or (b)(2).’’. 
(e) EFFECTIVE DATE.—The amendments made by this 
section shall take effect 180 days after the date of the enact-
ment of this Act. 
SEC. 623. RELIEF OF RICHARD W. COLLINS III. 
(a) FINDINGS.—Congress makes the following findings:
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(1) On May 20, 2017, Lieutenant Richard W. 
Collins III was murdered on the campus of the Uni-
versity of Maryland, College Park, Maryland. 
(2) At the time of his murder, Lieutenant Collins 
had graduated from the Reserve Officers’ Training 
Corps at Bowie State University and received a com-
mission in the United States Army. 
(3) At the time of the murder of Lieutenant Col-
lins, a graduate of a Reserve Officers’ Training Corps 
who received a commission but died before receiving 
a first duty assignment was not eligible for a death 
gratuity under section 1475(a)(4) of title 10, United 
States Code, or for casualty assistance under section 
633 of the National Defense Authorization Act for 
Fiscal Year 2014 (10 U.S.C. 1475 note). 
(4) Section 623 of the National Defense Author-
ization Act for Fiscal Year 2020 (Public Law 116– 
92) amended section 1475 of title 10, United States 
Code, to authorize the payment of a death gratuity to 
a graduate of the Senior Reserve Officers’ Training 
Corps (SROTC) who receives a commission but dies 
before receiving a first duty assignment. 
(5) Section 625 of the National Defense Author-
ization Act for Fiscal Year 2020 authorizes the fami-
lies of Senior Reserve Officers’ Training Corps grad-