H. R. 6395—131 
‘‘(2) ensure that such contracts include requirements appro-
priate to ensure energy resilience and energy security, including 
requirements for metering to measure, manage, and verify 
energy consumption, availability, and reliability consistent with 
this section and the energy resilience metrics and standards 
under section 2911(b) of this title. 
‘‘(f) EXCEPTION.—This section does not apply to fuels used in 
aircraft, vessels, or motor vehicles. 
‘‘(g) REPORT.—If by the end of fiscal year 2029, the Secretary 
determines that the Department will be unable to meet the require-
ments under subsection (a), not later than 90 days after the end 
of such fiscal year, the Secretary shall submit to the Committees 
on Armed Services of the Senate and House of Representatives 
a report detailing— 
‘‘(1) the projected shortfall; 
‘‘(2) reasons for the projected shortfall; 
‘‘(3) any statutory, technological, or monetary impediments 
to achieving such requirements; 
‘‘(4) any impact to readiness or ability to meet the national 
defense posture; and 
‘‘(5) any other relevant information as the Secretary con-
siders appropriate. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) The term ‘availability’ means the availability of 
required energy at a stated instant of time or over a stated 
period of time for a specific purpose. 
‘‘(2) The term ‘black start exercise’ means an exercise in 
which delivery of energy provided from off an installation is 
terminated before backup generation assets on the installation 
are turned on. Such an exercise shall— 
‘‘(A) determine the ability of the backup systems to 
start independently, transfer the load, and carry the load 
until energy from off the installation is restored; 
‘‘(B) align organizations with critical missions to coordi-
nate in meeting critical mission requirements; 
‘‘(C) validate mission operation plans, such as con-
tinuity of operations plans; 
‘‘(D) identify infrastructure interdependencies; and 
‘‘(E) verify backup electric power system performance. 
‘‘(3) The term ‘critical mission’— 
‘‘(A) means those aspects of the missions of an installa-
tion, including mission essential operations, that are crit-
ical to successful performance of the strategic national 
defense mission; 
‘‘(B) may include operational headquarters facilities, 
airfields and supporting infrastructure, harbor facilities 
supporting naval vessels, munitions production and storage 
facilities, missile fields, radars, satellite control facilities, 
cyber operations facilities, space launch facilities, oper-
ational communications facilities, and biological defense 
facilities; and 
‘‘(C) does not include military housing (including 
privatized military housing), morale, welfare, and recre-
ation facilities, exchanges, commissaries, or privately 
owned facilities. 
‘‘(4) The term ‘energy’ means electricity, natural gas, steam, 
chilled water, and heated water.
H. R. 6395—132 
‘‘(5) The term ‘installation’ has the meaning given the 
term ‘military installation’ in section 2801(c)(4) of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of subchapter I of chapter 173 of such title is amended by 
inserting after the item relating to section 2919 the following new 
item: 
‘‘2920. Energy resilience and energy security measures on military installations.’’. 
SEC. 317. MODIFICATION TO AVAILABILITY OF ENERGY COST SAVINGS 
FOR DEPARTMENT OF DEFENSE. 
Section 2912(a) of title 10, United States Code, is amended 
by inserting ‘‘and, in the case of operational energy, from both 
training and operational missions,’’ after ‘‘under section 2913 of 
this title,’’. 
SEC. 318. INCREASED TRANSPARENCY THROUGH REPORTING ON 
USAGE AND SPILLS OF AQUEOUS FILM-FORMING FOAM AT 
MILITARY INSTALLATIONS. 
(a) IN GENERAL.—Chapter 160 of title 10, United States Code, 
is amended by adding at the end the following new section: 
‘‘§ 2712. Reporting on usage and spills of aqueous film- 
forming foam 
‘‘(a) IN GENERAL.—Not later than 48 hours after the Deputy 
Assistant Secretary of Defense for Environment receives notice 
of the usage or spill of aqueous film forming foam, either as con-
centrate or mixed foam, at any military installation, the Deputy 
Assistant Secretary shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives notice of 
a usage or spill of greater than 10 gallons of concentrate, or greater 
than 300 gallons of mixed foam. Each such notice shall include 
each of the following information: 
‘‘(1) The name of the installation where the usage or spill 
occurred. 
‘‘(2) The date on which the usage or spill occurred. 
‘‘(3) The amount, type, and specified concentration of 
aqueous film-forming foam that was used or spilled. 
‘‘(4) The cause of the usage or spill. 
‘‘(5) A summary narrative of the usage or spill. 
‘‘(b) ACTION PLAN.—Not later than 60 days after submitting 
notice of a usage or spill under subsection (a), the Deputy Assistant 
Secretary shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives an action plan for 
addressing such usage or spill. The action plan shall include the 
following: 
‘‘(1) A description of what actions have been taken to arrest 
and clean up a spill. 
‘‘(2) A description of any coordination with relevant local 
and State environmental protection agencies.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following 
new item: 
‘‘2712. Reporting on usage and spills of aqueous film-forming foam.’’.
H. R. 6395—133 
SEC. 319. NATIVE AMERICAN LANDS ENVIRONMENTAL MITIGATION 
PROGRAM. 
(a) IN GENERAL.—Chapter 160 of title 10, United States Code, 
as amended by section 318(a), is further amended by adding at 
the end the following new section: 
‘‘§ 2713. Native American lands environmental mitigation 
program 
‘‘(a) ESTABLISHMENT.—The Secretary of Defense may establish 
and carry out a program to mitigate the environmental effects 
of actions by the Department of Defense on Indian lands and 
on other locations where the Department, an Indian tribe, and 
the current land owner agree that such mitigation is appropriate. 
‘‘(b) PROGRAM ACTIVITIES.—The activities that may be carried 
out under the program established under subsection (a) are the 
following: 
‘‘(1) Identification, investigation, and documentation of sus-
pected environmental effects attributable to past actions by 
the Department of Defense. 
‘‘(2) Development of mitigation options for such environ-
mental effects, including development of cost-to-complete esti-
mates and a system for prioritizing mitigation actions. 
‘‘(3) Direct mitigation actions that the Secretary determines 
are necessary and appropriate to mitigate the adverse environ-
mental effects of past actions by the Department. 
‘‘(4) Demolition and removal of unsafe buildings and struc-
tures used by, under the jurisdiction of, or formerly used by 
or under the jurisdiction of the Department. 
‘‘(5) Training, technical assistance, and administrative sup-
port to facilitate the meaningful participation of Indian tribes 
in mitigation actions under the program. 
‘‘(6) Development and execution of a policy governing con-
sultation with Indian tribes that have been or may be affected 
by action by the Department, including training personnel of 
the Department to ensure compliance with the policy. 
‘‘(c) COOPERATIVE AGREEMENTS.—(1) In carrying out the pro-
gram established under subsection (a), the Secretary of Defense 
may enter into a cooperative agreement with an Indian tribe or 
an instrumentality of tribal government. 
‘‘(2) Notwithstanding chapter 63 of title 31, a cooperative agree-
ment under this section may be used to acquire property or services 
for the direct benefit of the United States Government. 
‘‘(3) A cooperative agreement under this section for the procure-
ment of severable services may begin in one fiscal year and end 
in another fiscal year only if the total period of performance does 
not exceed two calendar years. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘Indian land’ includes— 
‘‘(A) any land located within the boundaries and a 
part of an Indian reservation, pueblo, or rancheria; 
‘‘(B) any land that has been allotted to an individual 
Indian but has not been conveyed to such Indian with 
full power of alienation; 
‘‘(C) Alaska Native village and regional corporation 
lands; and
H. R. 6395—134 
‘‘(D) lands and waters upon which any federally recog-
nized Indian tribe has rights reserved by treaty, Act of 
Congress, or action by the President. 
‘‘(2) The term ‘Indian tribe’ means any Indian tribe, band, 
nation, or other organized group or community, including any 
Alaska Native village or regional or village corporation as 
defined in or established pursuant to the Alaska Native Claims 
Settlement Act (43 U.S.C. 1601 et seq.), which is recognized 
as eligible for the special programs and services provided by 
the United States to Indians because of their status as Indians. 
‘‘(e) LIMITATION.—Nothing in this section shall be interpreted 
to require, compel, or otherwise authorize access to any lands 
without the landowner’s consent.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 160 of such title, as amended by section 318(b), 
is further amended by inserting after the item relating to section 
2712 the following new item: 
‘‘2713. Native American lands environmental mitigation program.’’. 
SEC. 320. STUDY ON ALTERNATIVES TO ADDRESS IMPACTS OF TRANS-
BOUNDARY FLOWS, SPILLS, OR DISCHARGES OF POLLU-
TION OR DEBRIS FROM THE TIJUANA RIVER ON PER-
SONNEL, ACTIVITIES, AND INSTALLATIONS OF DEPART-
MENT OF DEFENSE. 
(a) STUDY.—Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Defense, in coordination with 
the Administrator of the Environmental Protection Agency, the 
Secretary of State, and the United States Commissioner of the 
International Boundary and Water Commission, shall develop cri-
teria for the selection of project alternatives to address the impacts 
of transboundary flows, spills, or discharges of pollution or debris 
from the Tijuana River on the personnel, activities, and installations 
of the Department of Defense. 
(b) ELEMENTS.—The projects referred to in subsection (b) shall 
address the short-term, long-term, primary, and secondary impacts 
of transboundary flows, spills, or discharges of pollution or debris 
from the Tijuana River and include recommendations to mitigate 
such impacts. 
SEC. 321. PILOT PROGRAM ON ALTERNATIVE FUEL VEHICLE PUR-
CHASING. 
(a) IN GENERAL.—The Secretary of Defense, in coordination 
with the Secretary of Energy and the Administrator of the General 
Services Administration, shall carry out a pilot program under 
which the Secretary of Defense may, notwithstanding section 400AA 
of the Energy Policy and Conservation Act (42 U.S.C. 6374), pur-
chase new alternative fuel vehicles for which the initial cost of 
such vehicles exceeds the initial cost of a comparable gasoline 
or diesel fueled vehicle by not more than 10 percent. 
(b) LOCATIONS.— 
(1) IN GENERAL.—The Secretary of Defense shall carry out 
the pilot program under subsection (a) at not fewer than 2 
facilities or installations of each military department in the 
continental United States that— 
(A) have the largest total number of attached noncom-
bat vehicles as compared to other facilities or installations 
of the Department of Defense; and
H. R. 6395—135 
(B) are located within 20 miles of public or private 
refueling or recharging stations. 
(2) AIR
FORCE
LOGISTICS
CENTER.—One of the facilities 
or installations selected under paragraph (1) shall be an Air 
Force Logistics Center. 
(c) ALTERNATIVE FUEL VEHICLE DEFINED.—In this section, the 
term ‘‘alternative fuel vehicle’’ includes a vehicle that uses— 
(1) a fuel or power source described in the first sentence 
of section 241(2)of the Clean Air Act (42 U.S.C. 7581(2)); or 
(2) propane. 
SEC. 322. BUDGETING OF DEPARTMENT OF DEFENSE RELATING TO 
OPERATIONAL ENERGY IMPROVEMENT. 
The Secretary of Defense shall include in the annual budget 
submission of the President under section 1105(a) of title 31, United 
States Code, a dedicated budget line item for fielding operational 
energy improvements, including such improvements for which funds 
from the Operational Energy Capability Improvement Fund have 
been expended to create the operational and business case for 
broader employment. 
SEC. 323. ASSESSMENT OF DEPARTMENT OF DEFENSE OPERATIONAL 
ENERGY USAGE. 
(a) IN GENERAL.—Not later than 60 days after the date of 
the enactment of this Act, the Secretary of Defense shall enter 
into an agreement with a federally funded research and develop-
ment center with relevant expertise under which such center shall 
conduct an assessment of Department of Defense operational energy 
usage, including an agency-wide view and breakdowns of progress 
by service branch. 
(b) ELEMENTS.—The assessment required under subsection (a) 
shall include— 
(1) an analysis of the extent to which the Department 
of Defense developed an integrated operational energy strategy 
and the extent to which each of the military departments 
has implemented such strategy; 
(2) an analysis of the viability of implementing net zero 
initiatives within the operational energy enterprise without 
negatively impacting mission capability; 
(3) an analysis of ways to overcome contested logistics 
challenges such as the tyranny of distance within the United 
States Indo-Pacific Command, including— 
(A) strategies to improve the energy production, stor-
age, and distribution system that enhance logistics supply 
chain resiliency; and 
(B) ways to reduce the demand for resupply to decrease 
the strain on the logistics supply chain; and 
(4) an analysis of the integration between energy offices 
with program offices, budget, and operational planners within 
the Department of Defense and military departments, and rec-
ommendations for improving coordination. 
(c) FORM OF REPORT.—The report required under this section 
shall be submitted in unclassified form, but may contain a classified 
annex.
H. R. 6395—136 
SEC. 324. IMPROVEMENT OF THE OPERATIONAL ENERGY CAPABILITY 
IMPROVEMENT FUND OF THE DEPARTMENT OF DEFENSE. 
(a) MANAGEMENT
OF
THE OPERATIONAL ENERGY CAPABILITY 
IMPROVEMENT
FUND.—The Assistant Secretary of Defense for 
Energy, Installations, and Environment shall exercise authority, 
direction, and control over the Operational Energy Capability 
Improvement Fund of the Department of Defense (in this section 
referred to as the ‘‘OECIF’’). 
(b) ALIGNMENT AND COORDINATION WITH RELATED PROGRAMS.— 
(1) REALIGNMENT OF OECIF.—Not later than 60 days after 
the date of the enactment of this Act, the Secretary of Defense 
shall realign the OECIF under the Assistant Secretary of 
Defense for Energy, Installations, and Environment, with such 
realignment to include personnel positions adequate for the 
mission of the OECIF. 
(2) BETTER COORDINATION WITH RELATED PROGRAMS.—The 
Assistant Secretary shall ensure that the placement under the 
authority of the Assistant Secretary of the OECIF along with 
the Strategic Environmental Research Program, the Environ-
mental Security Technology Certification Program, and the 
Operational Energy Prototyping Program is utilized to advance 
common goals of the Department, promote organizational 
synergies, and avoid unnecessary duplication of effort. 
(c) PROGRAM FOR OPERATIONAL ENERGY PROTOTYPING.— 
(1) IN GENERAL.—Commencing not later than 90 days after 
the date of the enactment of this Act, the Secretary of Defense, 
through the Assistant Secretary of Defense for Energy, Installa-
tions, and Environment, shall carry out a program for the 
demonstration of technologies related to operational energy 
prototyping, including demonstration of operational energy 
technology and validation prototyping. 
(2) OPERATION OF PROGRAM.—The Secretary shall ensure 
that the program under paragraph (1) operates in conjunction 
with the OECIF to promote the transfer of innovative tech-
nologies that have successfully established proof of concept 
for use in production or in the field. 
(3) PROGRAM
ELEMENTS.—In carrying out the program 
under paragraph (1) the Secretary shall— 
(A) identify and demonstrate the most promising, 
innovative, and cost-effective technologies and methods 
that address high-priority operational energy requirements 
of the Department of Defense; 
(B) in conducting demonstrations under subparagraph 
(A)— 
(i) collect cost and performance data to overcome 
barriers against employing an innovative technology 
because of concerns regarding technical or pro-
grammatic risk; and 
(ii) ensure that components of the Department 
have time to establish new requirements where nec-
essary and plan, program, and budget for technology 
transition to programs of record; 
(C) utilize project structures similar to those of the 
OECIF to ensure transparency and accountability through-
out the efforts conducted under the program; and
H. R. 6395—137 
(D) give priority, in conjunction with the OECIF, to 
the development and fielding of clean technologies that 
reduce reliance on fossil fuels. 
(4) TOOL FOR ACCOUNTABILITY AND TRANSITION.— 
(A) IN GENERAL.—In carrying out the program under 
paragraph (1) the Secretary shall develop and utilize a 
tool to track relevant investments in operational energy 
from applied research to transition to use to ensure user 
organizations have the full picture of technology maturation 
and development. 
(B) TRANSITION.—The tool developed and utilized under 
subparagraph (A) shall be designed to overcome transition 
challenges with rigorous and well-documented demonstra-
tions that provide the information needed by all stake-
holders for acceptance of the technology. 
(5) LOCATIONS.— 
(A) IN GENERAL.—The Secretary shall carry out the 
testing and evaluation phase of the program under para-
graph (1) at installations of the Department of Defense 
or in conjunction with exercises conducted by the Joint 
Staff, a combatant command, or a military department. 
(B) FORMAL
DEMONSTRATIONS.—The Secretary shall 
carry out any formal demonstrations under the program 
under paragraph (1) at installations of the Department 
or in operational settings to document and validate 
improved warfighting performance and cost savings. 
SEC. 325. FIVE-YEAR REVIEWS OF CONTAINMENT TECHNOLOGIES 
RELATING TO RED HILL BULK FUEL STORAGE FACILITY. 
(a) REVIEWS.— 
(1) REVIEWS
REQUIRED.—At least once every 5 years, 
concurrently with the Department of the Navy’s Tank Upgrade 
Alternative (TUA) decision review, the Secretary of the Navy 
shall conduct a review of available technologies relating to 
the containment of fuel to determine whether any such tech-
nology may be used to improve the containment of fuel with 
respect to storage tanks located at the Red Hill Bulk Fuel 
Storage Facility, Hawaii. 
(2) DEADLINE FOR INITIAL REVIEW.—The Secretary shall 
conduct the first review under paragraph (1) concurrent with 
the first TUA decision review conducted after the date of the 
enactment of this Act. 
(b) BRIEFINGS.—Not later than 60 days after the date on which 
a review conducted under subsection (a) is completed, the Secretary 
shall provide to the congressional defense committees a briefing 
on— 
(1) any technology identified in such review that the Sec-
retary determines may be used to improve the containment 
of fuel with respect to storage tanks located at the Red Hill 
Bulk Fuel Storage Facility; and 
(2) the feasibility and cost of implementing any such tech-
nology at the Red Hill Bulk Fuel Storage Facility. 
(c) TERMINATION.—The requirements to conduct reviews under 
subsection (a) and provide briefings under subsection (b) shall termi-
nate on the date on which the Red Hill Bulk Fuel Storage Facility 
ceases operation, as determined by the Secretary of the Navy.
H. R. 6395—138 
SEC. 326. LIMITATION ON USE OF FUNDS FOR ACQUISITION OF FUR-
NISHED ENERGY FOR RHINE ORDNANCE BARRACKS ARMY 
MEDICAL CENTER. 
None of the funds authorized to be appropriated by this Act 
or otherwise made available for fiscal year 2021 for the Department 
of Defense may be used to enter into a contract for the acquisition 
of furnished energy for the new Rhine Ordnance Barracks Army 
Medical Center (hereafter referred to as the ‘‘Medical Center’’) 
before the date on which Secretary of Defense submits to the 
congressional defense committees a written certification that the 
Medical Center does not use any energy sourced from inside the 
Russian Federation as a means of generating the furnished energy. 
SEC. 327. REQUIREMENT TO UPDATE DEPARTMENT OF DEFENSE 
ADAPTATION ROADMAP. 
(a) IN GENERAL.—Not later than February 1, 2022, the Sec-
retary of Defense shall submit to the Committees on Armed Services 
of the Senate and House of Representatives an update to the 
Department of Defense 2014 Adaptation Roadmap. Such update 
shall include an outline of the strategy and implementation plan 
of the Department to address the current and foreseeable effects 
of extreme weather and sea level fluctuations on the mission of 
the Department of Defense. 
(b) ELEMENTS OF STRATEGY AND IMPLEMENTATION PLAN.—The 
strategy and implementation plan required to be included in the 
update under subsection (a) shall include— 
(1) a description of the overarching approach of the Depart-
ment to extreme weather, sea level fluctuations, and associated 
mitigation measures; and 
(2) a discussion of the current and foreseeable effects of 
extreme weather and seal level fluctuations on— 
(A) plans and operations, including— 
(i) military readiness; 
(ii) increased frequency, if any, of extreme weather 
events, including flooding, drought, desertification, 
wildfires, thawing permafrost, hurricanes, and extreme 
heat; 
(iii) geopolitical instability, if any, caused by cli-
mate events, including extreme weather; 
(iv) increased demand, if any for Defense Support 
for Civil Authorities and disaster or humanitarian 
relief operations; 
(v) the operating environment of the Arctic and 
of the strategic and geopolitical implications of an ice- 
free Arctic Ocean; and 
(vi) alteration or limitation on operation environ-
ments; 
(B) training and testing, including— 
(i) changes in land carrying capacity; 
(ii) increased maintenance and repair require-
ments for equipment and infrastructure; 
(iii) mitigation of heat stress and heat-related ill-
nesses resulting from increasing temperatures; 
(iv) increased dust generation and fire hazards; 
and
H. R. 6395—139 
(v) maintaining testing and training capacity to 
support increased operations and civil support mis-
sions; 
(C) built and natural infrastructure, including— 
(i) military installation resilience, as such term 
is defined in section 101(e)(8) of title 10, United States 
Code, of installations both within and outside the 
United States and its possessions and territories and 
of the State-owned National Guard installations of the 
several States; 
(ii) resilience of the air and sea ports of our allies 
and partners that are critical to the training, deploy-
ment, and operations of the Armed Forces of the United 
States and its allies and partners; 
(iii) resilience of the deployment system and struc-
ture of the Department of Defense and of the United 
States, including the strategic highway network, the 
strategic rail network, and designated strategic air 
and sea ports; 
(iv) best practices for modeling and mitigating 
risks posed to military installations by increased 
inundation, erosion, flood, wind, and fire damage; 
(v) changing energy demand at military installa-
tions to include heating and cooling, particularly in 
communities experiencing grid stress; 
(vi) disruption and competition for reliable energy 
and water resources; 
(vii) increased maintenance and sustainment costs; 
(viii) damage to natural and constructed infra-
structure from thawing permafrost and sea ice; and 
(ix) the effects of extreme weather and sea level 
fluctuations on community support infrastructure, 
including roads, transportation hubs, and medical 
facilities; 
(D) acquisition and supply chain, including— 
(i) measures to ensure that the current and pro-
jected future scale and impacts of extreme weather 
and sea level fluctuations are fully considered in the 
research, development, testing, and acquisition of 
major weapon systems and of associated supplies and 
equipment; 
(ii) required alterations of stockpiles; 
(iii) reduced or changed availability and access 
to materials, equipment, and supplies, including water 
and food sources; 
(iv) disruptions in fuel availability and distribu-
tion; 
(v) estimated investments required to address 
foreseeable costs incurred or influenced by extreme 
weather and sea level fluctuations for each of the lines 
of effort in this report, to include extreme weather 
response, over the next 5, 10, and 20 years, with topline 
estimates and a qualitative discussion of cost drivers 
for each; and 
(vi) equipment and infrastructure investments 
required to address a changing Arctic environment; 
and
H. R. 6395—140 
(E) such other matters as the Secretary determines 
appropriate; and 
(c) ASSESSMENTS AND PROJECTIONS.—In preparing the update 
as required under subsection (a), the Secretary shall consider— 
(1) climate projections from the Global Change Research 
Office, National Climate Assessment, the National Oceanic and 
Atmospheric Administration, and other Federal agencies; and 
(2) data on, and analysis of, the national security effects 
of climate prepared by the Climate Security Advisory Council 
of the Office of the Director of National Intelligence established 
pursuant to section 120 of the National Security Act of 1947 
(50 U.S.C. 3060) and by other elements of the intelligence 
community. 
(d) FORM.—The update to the adaptation roadmap required 
under subsection (a) shall be submitted in an unclassified form, 
but may contain a classified annex. If the Secretary determines 
that the inclusion of a classified annex is necessary, the Secretary 
shall conduct an in-person briefing for Members of the Committees 
on Armed Services of the Senate and House of Representatives 
by not later than 90 days after the date of the submission of 
the update. 
SEC. 328. DEPARTMENT OF DEFENSE REPORT ON GREENHOUSE GAS 
EMISSIONS LEVELS. 
(a) IN GENERAL.—Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and House 
of Representatives and to the Comptroller General a report on 
the total level of greenhouse gas emissions for each of the last 
10 fiscal years. Such emissions levels shall include the agency- 
wide total, breakdowns by military department, and delineations 
between installation and operational emissions. 
(b) FORM OF REPORT.—The report required under this section 
shall be submitted in unclassified form, but may contain a classified 
annex. 
SEC. 329. OBJECTIVES, PERFORMANCE STANDARDS, AND CRITERIA 
FOR USE OF WILDLIFE CONSERVATION BANKING PRO-
GRAMS. 
(a) IN GENERAL.—To ensure opportunities for Department of 
Defense participation in wildlife conservation banking programs 
pursuant to section 2694c of title 10, United States Code, the 
Secretary of the Interior, acting through the Director of the United 
States Fish and Wildlife Service, shall issue regulations of general 
applicability establishing objectives, measurable performance stand-
ards, and criteria for use, consistent with the Endangered Species 
Act (16 U.S.C. 1531 et seq.), for mitigation banking offsetting effects 
on a species, or habitat of such species, that is endangered, threat-
ened, a candidate for listing, or otherwise at risk under such Act. 
To the maximum extent practicable, the regulatory standards and 
criteria shall maximize available credits and opportunities for miti-
gation, provide flexibility for characteristics of various species, and 
apply equivalent standards and criteria to all mitigation banks. 
(b) DEADLINE FOR REGULATIONS.—The Secretary of the Interior, 
acting through the Director of the United States Fish and Wildlife 
Service, shall publish an advance notice of proposed rulemaking 
for the regulations required by subsection (a) by not later than 
1 year after the date of the enactment of this Act.
H. R. 6395—141 
SEC. 330. PRIZES FOR DEVELOPMENT OF NON-PFAS-CONTAINING FIRE- 
FIGHTING AGENT. 
(a) AUTHORITY.—The Secretary of Defense, acting through the 
Assistant Secretary of Defense for Sustainment and the Strategic 
Environmental Research and Development Program, may carry out 
a program to award cash prizes and other types of prizes that 
the Secretary determines are appropriate to recognize outstanding 
achievements in the development of a non-PFAS-containing fire- 
fighting agent to replace aqueous film-forming foam with the poten-
tial for application to the performance of the military missions 
of the Department of Defense. 
(b) COMPETITION REQUIREMENTS.—A program under subsection 
(a) shall use a competitive process for the selection of recipients 
of cash prizes. The process shall include the widely-advertised solici-
tation of submissions of research results, technology developments, 
and prototypes. 
(c) LIMITATIONS.—The following limitations shall apply to a 
program under subsection (a): 
(1) No prize competition may result in the award of a 
prize with a fair market value of more than $5,000,000. 
(2) No prize competition may result in the award of more 
than $1,000,000 in cash prizes without the approval of the 
Assistant Secretary of Defense for Sustainment. 
(3) No prize competition may result in the award of a 
solely nonmonetary prize with a fair market value of more 
than $10,000 without the approval of the Assistant Secretary 
of Defense for Sustainment. 
(d) RELATIONSHIP
TO OTHER AUTHORITY.—A program under 
subsection (a) may be carried out in conjunction with or in addition 
to the exercise of any other authority of the Department of Defense. 
(e) USE OF PRIZE AUTHORITY.—Use of prize authority under 
this section shall be considered the use of competitive procedures 
for the purposes of section 2304 of title 10, United States Code. 
(f) PFAS DEFINED.—In this section, the term ‘‘PFAS’’ means— 
(1) man-made chemicals of which all of the carbon atoms 
are fully fluorinated carbon atoms; and 
(2) man-made chemicals containing a mix of fully 
fluorinated carbon atoms, partially fluorinated carbon atoms, 
and nonfluorinated carbon atoms. 
(g) TERMINATION.—The authority to carry out a program under 
this section shall terminate on October 1, 2024. 
SEC. 331. SURVEY OF TECHNOLOGIES FOR DEPARTMENT OF DEFENSE 
APPLICATION IN PHASING OUT THE USE OF FLUORINATED 
AQUEOUS FILM-FORMING FOAM. 
(a) SURVEY OF TECHNOLOGIES.—The Secretary of Defense shall 
conduct a survey of relevant technologies, other than fire-fighting 
agent solutions, to determine whether any such technologies are 
available and can be adapted for use by the Department of Defense 
to facilitate the phase-out of fluorinated aqueous film-forming foam. 
The technologies surveyed under this subsection shall include 
hangar flooring systems, fire-fighting agent delivery systems, 
containment systems, and other relevant technologies the Secretary 
determines appropriate. 
(b) BRIEFING.—Not later than 1 year after the date of enactment 
of this Act, the Secretary shall provide the congressional defense
H. R. 6395—142 
committees a briefing on the results of the survey conducted under 
subsection (a). The briefing shall include— 
(1) a description of the technologies included in the survey; 
(2) a list of the technologies that were considered for further 
testing or analysis; and 
(3) any technologies that are undergoing additional analysis 
for possible application within the Department. 
SEC. 332. INTERAGENCY BODY ON RESEARCH RELATED TO PER- AND 
POLYFLUOROALKYL SUBSTANCES. 
(a) ESTABLISHMENT.—The Director of the Office of Science and 
Technology Policy, acting through the National Science and Tech-
nology Council, shall establish, or designate, an interagency working 
group to coordinate Federal activities related to PFAS research 
and development. 
(b) AGENCY PARTICIPATION.—The interagency working group 
shall include a representative of each of— 
(1) the Environmental Protection Agency; 
(2) the National Institute of Environmental Health 
Sciences; 
(3) the Agency for Toxic Substances and Disease Registry; 
(4) the National Science Foundation; 
(5) the Department of Defense; 
(6) the National Institutes of Health; 
(7) the National Institute of Standards and Technology; 
(8) the National Oceanic and Atmospheric Administration; 
(9) the Department of the Interior; 
(10) the Department of Transportation; 
(11) the Department of Homeland Security; 
(12) the National Aeronautics and Space Administration; 
(13) the National Toxicology Program; 
(14) the Department of Agriculture; 
(15) the Geological Survey; 
(16) the Department of Commerce; 
(17) the Department of Energy; 
(18) the Office of Information and Regulatory Affairs; 
(19) the Office of Management and Budget; and 
(20) any such other Federal department or agency as the 
Director of the Office of Science and Technology Policy considers 
appropriate. 
(c) CO-CHAIRS.—The Interagency working group shall be co- 
chaired by the Director of the Office of Science and Technology 
Policy and, on a biannual rotating basis, a representative from 
a member agency, as selected by the Director of the Office of 
Science and Technology Policy. 
(d) RESPONSIBILITIES
OF
THE WORKING GROUP.—The inter-
agency working group established under subsection (a) shall— 
(1) provide for interagency coordination of federally funded 
PFAS research and development; and 
(2) not later than 12 months after the date of enactment 
of this Act, develop and make publicly available a strategic 
plan for Federal support for PFAS research and development 
(to be updated not less frequently than once every three years) 
that— 
(A) identifies all current federally funded PFAS 
research and development, including the nature and scope 
of such research and development and the amount of
H. R. 6395—143 
funding associated with such research and development 
during the current fiscal year, disaggregated by agency; 
(B) identifies all federally funded PFAS research and 
development having taken place in the last three years, 
excluding the research listed under subparagraph (A), 
including the nature and scope of such research and 
development and the amount of funding associated with 
such research and development during the current fiscal 
year, disaggregated by agency; 
(C) identifies scientific and technological challenges 
that must be addressed to understand and to significantly 
reduce the environmental and human health impacts of 
PFAS and to identify cost-effective— 
(i) alternatives to PFAS that are designed to be 
safer and more environmentally friendly; 
(ii) methods for removal of PFAS from the environ-
ment; and 
(iii) methods to safely destroy or degrade PFAS; 
(D) establishes goals, priorities, and metrics for feder-
ally funded PFAS research and development that takes 
into account the current state of research and development 
identified in subparagraph (A) and the challenges identified 
in subparagraph (C); and 
(E) an implementation plan for Federal agencies and, 
for each update to the strategic plan under this paragraph, 
a description of how Federal agencies have been following 
the implementation plan. 
(e) CONSULTATION.—In developing the strategic plan under sub-
section (d)(2), the interagency working group shall consult with 
States, tribes, territories, local governments, appropriate industries, 
academic institutions and nongovernmental organizations with 
expertise in PFAS research and development, treatment, manage-
ment, and alternative development. 
(f) SUNSET.—The strategic plan requirement described under 
section (d)(2) shall cease on the date that is 20 years after the 
initial strategic plan is developed. 
(g) DEFINITIONS.—In this section: 
(1) PFAS.—The term ‘‘PFAS’’ means— 
(A) man-made chemicals of which all of the carbon 
atoms are fully fluorinated carbon atoms; and 
(B) man-made chemicals containing a mix of fully 
fluorinated carbon atoms, partially fluorinated carbon 
atoms, and nonfluorinated carbon atoms. 
(2) PFAS RESEARCH AND DEVELOPMENT DEFINED.—The term 
‘‘PFAS research and development’’ includes any research or 
project that has the goal of accomplishing the following: 
(A) The removal of PFAS from the environment. 
(B) The safe destruction or degradation of PFAS. 
(C) The development and deployment of safer and more 
environmentally friendly alternative substances that are 
functionally similar to those made with PFAS. 
(D) The understanding of sources of environmental 
PFAS contamination and pathways to exposure for the 
public. 
(E) The understanding of the toxicity of PFAS to 
humans and animals.
H. R. 6395—144 
SEC. 333. RESTRICTION ON DEPARTMENT OF DEFENSE PROCUREMENT 
OF CERTAIN ITEMS CONTAINING PERFLUOROOCTANE 
SULFONATE OR PERFLUOROOCTANOIC ACID. 
(a) PROHIBITION.—The Department of Defense may not procure 
any covered item that contains perfluorooctane sulfonate (PFOS) 
or perfluorooctanoic acid (PFOA). 
(b) DEFINITIONS.—In this section, the term ‘‘covered item’’ 
means— 
(1) nonstick cookware or cooking utensils for use in galleys 
or dining facilities; and 
(2) upholstered furniture, carpets, and rugs that have been 
treated with stain-resistant coatings. 
(c) EFFECTIVE DATE.—This section shall take effect on April 
1, 2023. 
SEC. 334. RESEARCH AND DEVELOPMENT OF ALTERNATIVE TO 
AQUEOUS FILM-FORMING FOAM. 
(a) IN GENERAL.—The Secretary of Defense, acting through 
the National Institute of Standards and Technology and in consulta-
tion with appropriate stakeholders and manufactures, research 
institutions, and other Federal agencies shall award grants and 
carry out other activities to— 
(1) promote and advance the research and development 
of additional alternatives to aqueous film-forming foam (in this 
section 
referred 
to 
as 
‘‘AFFF’’) 
containing 
per- 
and 
polyfluoroalkyl substances (in this section referred to as 
‘‘PFAS’’) to facilitate the development of a military specification 
and subsequent fielding of a PFAS-free fire-fighting foam; 
(2) advance the use of green and sustainable chemistry 
for a fluorine-free alternative to AFFF; 
(3) increase opportunities for sharing best practices within 
the research and development sector with respect to AFFF; 
(4) assist in the testing of potential alternatives to AFFF; 
and 
(5) provide guidelines on priorities with respect to an alter-
native to AFFF. 
(b) ADDITIONAL REQUIREMENTS.—In carrying out the program 
required under subsection (a), the Secretary shall— 
(1) take into consideration the different uses of AFFF and 
the priorities of the Department of Defense in finding an alter-
native; 
(2) prioritize green and sustainable chemicals that do not 
pose a threat to public health or the environment; and 
(3) use and leverage research from existing Department 
of Defense programs. 
(c) REPORT.—The Secretary shall submit to Congress a report 
on— 
(1) the priorities and actions taken with respect to finding 
an alternative to AFFF and the implementation of such prior-
ities; and 
(2) any alternatives the Secretary has denied, and the 
reason for any such denial. 
(d) USE OF FUNDS.—This section shall be carried out using 
amounts authorized to be available for the Strategic Environmental 
Research and Development Program.
H. R. 6395—145 
SEC. 335. NOTIFICATION TO AGRICULTURAL OPERATIONS LOCATED 
IN AREAS EXPOSED TO DEPARTMENT OF DEFENSE PFAS 
USE. 
(a) NOTIFICATION REQUIRED.—Not later than 60 days after the 
date of the enactment of this Act, the Secretary of Defense, in 
consultation with the Secretary of Agriculture, shall provide a 
notification described in subsection (b) to any agricultural operation 
located within one mile down gradient of a military installation 
or National Guard facility where covered PFAS— 
(1) has been detected in groundwater; 
(2) has been hydrologically linked to a local agricultural 
or drinking water source, including a water well; and 
(3) is suspected to be, or known to be, the result of the 
use of PFAS at an installation of the Department of Defense 
located in the United States or State-owned facility of the 
National Guard. 
(b) NOTIFICATION REQUIREMENTS.—The notification required 
under subsection (a) shall include the following information: 
(1) The name of the Department of Defense installation 
or National Guard facility from which the covered PFAS in 
groundwater originated. 
(2) The specific covered PFAS detected in groundwater. 
(3) The levels of the covered PFAS detected. 
(4) Relevant governmental information regarding the 
health and safety of the covered PFAS detected, including rel-
evant Federal or State standards for PFAS in groundwater, 
livestock, food commodities and drinking water, and any known 
restrictions for sale of agricultural products that have been 
irrigated or watered with water containing PFAS. 
(c) ADDITIONAL TESTING RESULTS.—The Secretary of Defense 
shall provide to an agricultural operation that receives a notice 
under subsection (a) any pertinent updated information, including 
any results of new elevated testing, by not later than 15 days 
after receiving validated test results. 
(d) REPORT TO CONGRESS.—Not later than 90 days after the 
date of the enactment of this Act, and annually thereafter, the 
Secretary of Defense shall submit to the Committee on Agriculture, 
Nutrition, and Forestry of the Senate and the Committee on Agri-
culture of the House of Representatives a report on the status 
of providing notice under subsection (a). Such report shall include, 
for the period covered by the report— 
(1) the approximate locations of such operations relative 
to installations of the Department of Defense located in the 
United States and State-owned facilities of the National Guard; 
(2) the covered PFAS detected in groundwater; and 
(3) the levels of covered PFAS detected. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘covered PFAS’’ means each of the following: 
(A) Perfluorooctanoic acid (commonly referred to as 
‘‘PFOA’’) (Chemical Abstracts Service No. 335–67–1) 
detected in groundwater above 70 parts per trillion, individ-
ually or in combination with PFOS. 
(B) Perfluorooctane sulfonic acid (commonly referred 
to as ‘‘PFOS’’) (Chemical Abstracts Service No. 1763–23– 
1) detected in groundwater above 70 parts per trillion, 
individually or in combination with PFOA.
H. R. 6395—146 
(C) Perfluorobutanesulfonic acid (commonly referred 
to as ‘‘PFBS’’) (Chemical Abstracts Service No. 375–73– 
5) detected in groundwater above 40 parts per billion. 
(2) 
The 
term 
‘‘PFAS’’ 
means 
a 
perfluoroalkyl 
or 
polyfluoroalkyl substance with at least one fully fluorinated 
carbon atom, including the chemical GenX. 
SEC. 336. REPORTING ON ENERGY SAVINGS PERFORMANCE CON-
TRACTS. 
(a) IN GENERAL.—Section 2925(a) of title 10, United States 
Code, is amended— 
(1) by redesignating paragraph (7) as paragraph (8); and 
(2) by inserting after paragraph (6) the following new para-
graph: 
‘‘(7) A description of the use of energy savings performance 
contracts (in this paragraph referred to as ‘ESPCs’) by the 
Department of Defense, including— 
‘‘(A) the total investment value of the total number 
of ESPCs per service for the previous five fiscal years; 
‘‘(B) the location of facilities with ESPCs for the pre-
vious five fiscal years; 
‘‘(C) any limitations on expanding ESPCs throughout 
the Department of Defense; 
‘‘(D) the effect ESPCs have on military readiness; and 
‘‘(E) any additional information the Secretary deter-
mines relevant.’’. 
(b) APPLICABILITY.—The reporting requirement under para-
graph (7) of section 2925(a) of title 10, United States Code, as 
added by subsection (a) of this section, applies to reports submitted 
under such section 2925 for fiscal year 2021 and thereafter. 
SEC. 337. INCREASE IN FUNDING FOR CENTERS FOR DISEASE CON-
TROL STUDY ON HEALTH IMPLICATIONS OF PER- AND 
POLYFLUOROALKYL SUBSTANCES CONTAMINATION IN 
DRINKING WATER. 
Section 316(a)(2)(B)(ii) of the National Defense Authorization 
Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1350) 
is amended by striking ‘‘$10,000,000’’ and inserting ‘‘$15,000,000’’. 
SEC. 338. GUARANTEEING EQUIPMENT SAFETY FOR FIREFIGHTERS 
ACT OF 2020. 
(a) SHORT TITLE.—This section may be cited as the ‘‘Guaran-
teeing Equipment Safety for Firefighters Act of 2020’’. 
(b) NATIONAL INSTITUTE
OF STANDARDS
AND TECHNOLOGY 
STUDY ON PER- AND POLYFLUOROALKYL SUBSTANCES IN PERSONAL 
PROTECTIVE EQUIPMENT WORN BY FIREFIGHTERS.— 
(1) IN GENERAL.—Not later than 3 years after the date 
of the enactment of this Act, the Director of the National 
Institute of Standards and Technology shall, subject to avail-
ability of appropriations, in consultation with the Director of 
the National Institute for Occupational Safety and Health, com-
plete a study of the contents and composition of new and 
unused personal protective equipment worn by firefighters. 
(2) CONTENTS
OF
STUDY.—In carrying out the study 
required by paragraph (1), the Director of the National Institute 
of Standards and Technology shall examine— 
(A) the identity, prevalence, and concentration of per- 
and polyfluoroalkyl substances (commonly known as
H. R. 6395—147 
‘‘PFAS’’) in the personal protective equipment worn by 
firefighters; 
(B) the conditions and extent to which per- and 
polyfluoroalkyl substances are released into the environ-
ment over time from the degradation of personal protective 
equipment from normal use by firefighters; and 
(C) the relative risk of exposure to per- and 
polyfluoroalkyl substances faced by firefighters from— 
(i) their use of personal protective equipment; and 
(ii) degradation of personal protective equipment 
from normal use by firefighters. 
(3) REPORTS.— 
(A) PROGRESS REPORTS.—Not less frequently than once 
each year for the duration of the study conducted under 
paragraph (1), the Director shall submit to Congress a 
report on the progress of the Director in conducting such 
study. 
(B) FINAL REPORT.—Not later than 90 days after the 
date on which the Director completes the study required 
by paragraph (1), the Director shall submit to Congress 
a report describing— 
(i) the findings of the Director with respect to 
the study; and 
(ii) recommendations on what additional research 
or technical improvements to personal protective equip-
ment materials or components should be pursued to 
avoid unnecessary occupational exposure among fire-
fighters to per- and polyfluoroalkyl substances through 
personal protective equipment. 
(4) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated $2,500,000 for each of fiscal years 
2021 and 2022. 
(c) RESEARCH ON PER- AND POLYFLUOROALKYL SUBSTANCES IN 
PERSONAL PROTECTIVE EQUIPMENT WORN BY FIREFIGHTERS.— 
(1) IN GENERAL.—Not later than 180 days after the date 
of the submittal of the report required by subsection (b)(3)(B), 
the Director of the National Institute of Standards and Tech-
nology shall, subject to the availability of appropriations— 
(A) issue a solicitation for research proposals to carry 
out the research recommendations identified in the report 
submitted under subsection (b)(3)(B); and 
(B) award grants to applicants that submit research 
proposals to develop safe alternatives to per- and 
polyfluoroalkyl substances in personal protective equip-
ment. 
(2) CRITERIA.—The Director shall select research proposals 
to receive a grant under paragraph (1) on the basis of merit, 
using criteria identified by the Director, including the likelihood 
that the research results will address the findings of the 
Director with respect to the study conducted under subsection 
(b)(1). 
(3) ELIGIBLE ENTITIES.—Any entity or group of 2 or more 
entities may submit to the Director a research proposal in 
response to the solicitation for research proposals under para-
graph (1), including— 
(A) State and local agencies;
H. R. 6395—148 
(B) public institutions, including public institutions of 
higher education; 
(C) private corporations; and 
(D) nonprofit organizations. 
(4) AUTHORIZATION OF APPROPRIATIONS.—There are author-
ized to be appropriated $5,000,000 for fiscal year 2023, 
$5,000,000 for fiscal year 2024, and $5,000,000 for fiscal year 
2025 to carry out this section. 
(d) AUTHORITY FOR DIRECTOR OF THE NATIONAL INSTITUTE OF 
STANDARDS AND TECHNOLOGY TO CONSULT WITH EXPERTS ON MAT-
TERS RELATING TO PER- AND POLYFLUOROALKYL SUBSTANCES.—In 
carrying out this section, the Director of the National Institute 
of Standards and Technology may consult with Federal agencies, 
nongovernmental organizations, State and local governments, and 
science and research institutions determined by the Director to 
have scientific or material interest in reducing unnecessary occupa-
tional exposure to per- and polyfluoroalkyl substances by fire-
fighters. 
SEC. 339. ASSESSMENT OF DEPARTMENT OF DEFENSE EXCESS PROP-
ERTY PROGRAMS WITH RESPECT TO NEED AND WILDFIRE 
RISK. 
(a) ASSESSMENT OF PROGRAMS.— 
(1) IN GENERAL.—The Secretary of Defense, acting through 
the Director of the Defense Logistics Agency, jointly with the 
Secretary of Agriculture, acting through the Chief of the Forest 
Service, shall assess the Firefighter Property Program (FFP) 
and the Federal Excess Personal Property Program (FEPP) 
implementation and best practices, taking into account commu-
nity need and risk, including whether a community is an at- 
risk community (as defined in section 101(1) of the Healthy 
Forests Restoration Act of 2003 (16 U.S.C. 6511(1)). 
(2) COLLABORATION.—In carrying out the assessment 
required under paragraph (1), the Secretary of Defense, acting 
through the Director of the Defense Logistics Agency, and the 
Secretary of Agriculture, acting through the Chief of the Forest 
Service, shall consult with State foresters and participants 
in the programs described in such paragraph. 
(b) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense, acting through 
the Director of the Defense Logistics Agency, jointly with the Sec-
retary of Agriculture, acting through the Chief of the Forest Service, 
shall submit to the Committee on Armed Services and the Com-
mittee on Agriculture of the House of Representatives and the 
Committee on Armed Services and the Committee on Agriculture, 
Forestry, and Nutrition of the Senate a report on the assessment 
required under paragraph (1) of subsection (a) and any findings 
and recommendations with respect to the programs described in 
such paragraph. 
Subtitle C—Logistics and Sustainment 
SEC. 341. NATIONAL DEFENSE SUSTAINMENT AND LOGISTICS REVIEW. 
(a) IN GENERAL.—Chapter 2 of title 10, United States Code, 
is amended by inserting after section 118 the following new section:
H. R. 6395—149 
‘‘§ 118a. National Defense Sustainment and Logistics Review 
‘‘(a) REVIEW REQUIRED.—Upon submission of each national 
defense strategy under section 113(g) of this title, the Secretary 
of Defense shall conduct a comprehensive review of the sustainment 
and logistics requirements necessary to support the force structure, 
force modernization, infrastructure, force deployment capabilities, 
and other elements of the defense program and policies of the 
United States during the subsequent 5-, 10-, and 25-year periods. 
Each such review shall be known as the ‘National Defense 
Sustainment and Logistics Review’. Each such review shall be con-
ducted in consultation with the Secretaries of the military depart-
ments, the Chiefs of Staff of the Armed Forces, all functional 
and geographic combatant commanders, and the Director of the 
Defense Logistics Agency. 
‘‘(b) REPORT TO CONGRESS.—(1) Not later than the first Monday 
in February of the year following the fiscal year during which 
the National Defense Strategy was submitted under section 113(g) 
of this title, the Secretary shall submit to the congressional defense 
committees a report on the review required by subsection (a). Each 
such report shall include each of the following: 
‘‘(A) An assessment of the strategic, operational, and tac-
tical maritime logistics force (including non-military assets pro-
vided by Military Sealift Command, the Maritime Administra-
tion, and through the Voluntary Intermodal Sealift Agreement 
and Voluntary Tanker Agreement) required to support sealift, 
at sea logistics, and over-the-shore logistics of forces to meet 
steady state and contingency requirements and the strategic 
and intra-theater movement of supplies, personnel, and equip-
ment. 
‘‘(B) An assessment of the strategic, operational, and tac-
tical airlift and tankers (including non-military assets provided 
by the Civil Reserve Air Fleet) required to meet steady state 
and contingency requirements. 
‘‘(C) An assessment of the location, configuration, material 
condition, and inventory of prepositioned materiel, equipment, 
and war reserves programs, as well as the ability to store 
and distribute these items to deployed military forces, required 
to meet steady state and contingency requirements. 
‘‘(D) An assessment of the location, infrastructure, and 
storage capacity for petroleum, oil, and lubricant products, as 
well as the ability to store, transport, and distribute such 
products from storage supply points to deployed military forces, 
required to meet steady state and contingency requirements. 
‘‘(E) An assessment of the capabilities, capacity, and infra-
structure of the Department of Defense organic industrial base 
and private sector industrial base required to meet steady- 
state and surge software and depot maintenance requirements. 
‘‘(F) An assessment of the production capability, capacity, 
and infrastructure, of the Department of Defense organic indus-
trial base and private sector industrial base required to meet 
steady-state and surge production requirements for ammunition 
and other military munitions. 
‘‘(G) An assessment of the condition, capacity, location, 
and survivability under likely threats of military infrastructure 
located both inside the continental United States and outside 
the continental United States, including agreements with and 
infrastructure provided by international partners, required to
H. R. 6395—150 
generate, project, and sustain military forces to meet steady- 
state and contingency requirements. 
‘‘(H) An assessment of the cybersecurity risks to military 
and commercial logistics networks and information technology 
systems. 
‘‘(I) An assessment of the gaps between the requirements 
identified under subparagraphs (A) through (H) compared to 
the actual force structure and infrastructure capabilities, 
capacity, and posture and the risks associated with each gap 
as it relates to the ability to meet the national defense strategy. 
‘‘(J) A discussion of the identified mitigations being pursued 
to address each gap and risk identified under subparagraph 
(I) as well as the initiatives and resources planned to address 
such gaps, as included in the Department of Defense budget 
request submitted during the same year as the report and 
the applicable future-years defense program. 
‘‘(K) An assessment of the extent to which wargames incor-
porate logistics capabilities and threats and a description of 
the logistics constraints and restraints to operations identified 
through such wargames. 
‘‘(L) An assessment of the ability of the Department of 
Defense, the Armed Forces, and the combatant commands to 
leverage and integrate emergent logistics related technologies 
and advanced computing systems. 
‘‘(M) Such other matters the Secretary of Defense considers 
appropriate. 
‘‘(2) In preparing the report under paragraph (1), the Secretary 
of Defense shall consult with, and consider the recommendations 
of, the Chairman of the Joint Chiefs of Staff. 
‘‘(3) The report required under this subsection shall be sub-
mitted in classified form and shall include an unclassified summary. 
‘‘(c) COMPTROLLER GENERAL REVIEW.—Not later than 180 days 
after the date on which Secretary submits each report required 
under subsection (b), the Comptroller General shall submit to the 
congressional defense committees a report that includes an assess-
ment of each of the following: 
‘‘(1) Whether the report includes each of the elements 
referred to in subsection (b). 
‘‘(2) The strengths and weaknesses of the approach and 
methodology used in conducting the review required under 
subsection (a) that is covered by the report. 
‘‘(3) Any other matters relating to sustainment that may 
arise from the report, as the Comptroller General considers 
appropriate. 
‘‘(d) RELATIONSHIP TO BUDGET.—Nothing in this section shall 
be construed to affect section 1105(a) of title 31.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by inserting after the item relating 
to section 118 the following new item: 
‘‘118a. National Defense Sustainment and Logistics Review.’’. 
(c) DEADLINE
FOR SUBMITTAL
OF FIRST REPORT.—Notwith-
standing the deadline in subsection (b)(1) of section 118a of title 
10, United States Code, as added by subsection (a), the Secretary 
of Defense shall submit the first report under such section not 
later than the date that is 18 months after the date of the enactment 
of this Act, unless a new National Defense Strategy is released 
prior to such date.
H. R. 6395—151 
SEC. 342. REPEAL OF SUNSET FOR MINIMUM ANNUAL PURCHASE 
AMOUNT FOR CARRIERS PARTICIPATING IN THE CIVIL 
RESERVE AIR FLEET. 
Section 9515 of title 10, United States Code, is amended by 
striking subsection (k). 
SEC. 343. ADDITIONAL ELEMENTS FOR INCLUSION IN NAVY SHIP 
DEPOT MAINTENANCE BUDGET REPORT. 
Section 363(b) of the National Defense Authorization Act for 
Fiscal Year 2020 (Public Law 116–92) is amended by adding at 
the end the following new paragraphs: 
‘‘(6) The execution of the planned schedule, categorized 
by class of ship, for each of the three preceding fiscal years, 
including— 
‘‘(A) the actual contract award compared to the mile-
stone; 
‘‘(B) the planned completion date compared to the 
actual completion date; and 
‘‘(C) each regional maintenance center’s availability 
schedule performance for on-time availability completion. 
‘‘(7) In accordance with the findings of the Government 
Accountability Office (GAO 20–370)— 
‘‘(A) in 2021, an analysis plan for the evaluation of 
pilot program availabilities funded by the Other Procure-
ment, Navy account; and 
‘‘(B) in 2022, a report on the Navy’s progress imple-
menting such analysis plan.’’. 
SEC. 344. CLARIFICATION OF LIMITATION ON LENGTH OF OVERSEAS 
FORWARD 
DEPLOYMENT 
OF 
CURRENTLY 
DEPLOYED 
NAVAL VESSELS. 
Section 323(b) of the John S. McCain National Defense 
Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 
Stat. 1720; 10 U.S.C. 8690 note) is amended by striking ‘‘In the 
case of any naval vessel’’ and inserting ‘‘In the case of any aircraft 
carrier, amphibious ship, cruiser, destroyer, frigate, or littoral com-
bat ship’’. 
SEC. 345. INDEPENDENT ADVISORY PANEL ON WEAPON SYSTEM 
SUSTAINMENT. 
(a) ESTABLISHMENT.—The Secretary of Defense shall establish 
an independent advisory panel (in this section referred to as the 
‘‘panel’’) on the weapon system sustainment ecosystem. The 
National Defense University and the Defense Acquisition University 
shall sponsor the panel, including by providing administrative sup-
port. 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The panel shall be comprised of nine 
members, of whom— 
(A) five shall be appointed by the Secretary of Defense; 
(B) one shall be appointed by the Chairman of the 
Committee on Armed Services of the Senate; 
(C) one shall be appointed by the Ranking Member 
of the Committee on Armed Services of the Senate; 
(D) one shall be appointed by the Chairman of the 
Committee on Armed Services of the House of Representa-
tives; and
H. R. 6395—152 
(E) one shall be appointed by the Ranking Member 
of the Committee on Armed Services of the House of Rep-
resentatives. 
(2) EXPERTISE.—In making appointments under this sub-
section, consideration should be given to individuals with exper-
tise in public and private-sector acquisition, sustainment, and 
logistics policy in aviation, ground, maritime systems, and space 
systems and their related components. 
(3) APPOINTMENT DATE.—The appointment of the members 
of the panel shall be made not later than 120 days after 
the date of the enactment of this Act. 
(c) DUTIES.—The panel shall— 
(1) review the weapon system sustainment ecosystem from 
development, production, and sustainment of the weapon 
system through use in the field, depot and field-level mainte-
nance, modification, and disposal with a goal of— 
(A) maximizing the availability and mission capabili-
ties of weapon systems; 
(B) reducing overall life-cycle costs of weapon systems 
during fielding, operation and sustainment; and 
(C) aligning weapon system sustainment functions to 
the most recent national defense strategy submitted pursu-
ant to section 113 of title 10, United States Code; and 
(2) using information from the review of the weapon system 
sustainment ecosystem, make recommendations related to 
statutory, regulatory, policy, or operational best practices the 
panel considers necessary. 
(d) REPORT.— 
(1) INTERIM REPORT.—Not later than 1 year after the date 
on which all members of the panel have been appointed, the 
panel shall provide to the Secretary of Defense and the Commit-
tees on Armed Services of the Senate and House of Representa-
tives a briefing on the interim findings and recommendations 
of the panel. 
(2) FINAL REPORT.—Not later than 2 years after the date 
on which all members of the panel have been appointed, the 
panel shall submit to the Secretary of Defense and the Commit-
tees on Armed Services of the Senate and House of Representa-
tives a report setting forth a detailed statement of the findings 
and conclusions of the panel as a result of the review described 
in subsection (c), together with such recommendations related 
to statutory, regulatory, policy, or operational practices as the 
panel considers appropriate in light of the results of the review. 
(e) ADMINISTRATIVE MATTERS.— 
(1) IN GENERAL.—The Secretary of Defense shall provide 
the panel with timely access to appropriate information, data, 
resources, analysis, and logistics support so that the panel 
may conduct a thorough and independent assessment as 
required under this section. 
(2) EFFECT
OF
LACK
OF
APPOINTMENT
BY
APPOINTMENT 
DATE.—If any member has not been appointed by the date 
specified in subsection (b)(3), the authority to appoint such 
member under subsection (b)(1) shall expire, and the number 
of members of the panel shall be reduced by the number equal 
to the number of appointments so not made. 
(3) PERIOD OF APPOINTMENT; VACANCIES.—Members of the 
panel shall be appointed for the duration of the panel. Any
H. R. 6395—153 
vacancy in the panel shall not affect its powers, but shall 
be filled in the same manner as the original appointment. 
(4) CHAIR.—The panel shall select a Chair from among 
its members. The Chair may not be a Federal officer or 
employee. 
(f) TERMINATION.—The panel shall terminate 90 days after 
the date on which the panel submits the report required under 
subsection (d)(2). 
SEC. 346. BIANNUAL BRIEFINGS ON STATUS OF SHIPYARD INFRA-
STRUCTURE OPTIMIZATION PLAN. 
(a) BRIEFINGS REQUIRED.—During the period beginning on July 
1, 2020, and ending on July 1, 2025, the Secretary of the Navy 
shall provide to the congressional defense committees biannual 
briefings on the status of the Shipyard Infrastructure Optimization 
Plan. 
(b) ELEMENTS OF BRIEFINGS.—Each briefing under subsection 
(a) shall include a discussion of the status of each of the following 
elements: 
(1) A master plan for infrastructure development, including 
projected military construction and capital equipment projects. 
(2) A planning and design update for military construction, 
minor military construction, and facility sustainment projects 
over the subsequent five-year period. 
(3) A human capital management and development plan. 
(4) A workload management plan that includes synchroni-
zation requirements for each shipyard and ship class. 
(5) Performance metrics and an assessment plan. 
(6) A funding and authority plan that includes funding 
lines across the future years defense program. 
(7) A listing of equipment from Federal Supply Classes 
3411 (Boring Machines), 3416 (Lathes) and 3441 (Bending and 
Forming Machines) that has been unserviceable for over 30 
consecutive days, including, for each such piece of equipment— 
(A) the reason for the delayed repair; 
(B) the availability of technical representatives from 
the manufacturer to provide assistance in diagnosing and 
repairing the discrepancy; and 
(C) the estimated time to repair. 
SEC. 347. MATERIEL READINESS METRICS AND OBJECTIVES FOR 
MAJOR WEAPON SYSTEMS. 
(a) IN GENERAL.—Section 118 of title 10, United States Code, 
is amended— 
(1) by amending the section heading to read as follows: 
‘‘Materiel readiness metrics and objectives for major 
weapon systems’’; 
(2) by striking ‘‘Not later than five days’’ and inserting 
the following: 
‘‘(d) BUDGET JUSTIFICATION.—Not later than five days’’; 
(3) by inserting before subsection (d) (as designated by 
paragraph (2)) the following new subsections: 
‘‘(a) MATERIEL READINESS METRICS.—Each head of an element 
of the Department specified in paragraphs (1) through (10) of section 
111(b) of this title shall establish and maintain materiel readiness 
metrics to enable assessment of the readiness of members of the 
armed forces to carry out—
H. R. 6395—154 
‘‘(1) 
the 
strategic 
framework 
required 
by 
section 
113(g)(1)(B)(vii) of this title; and 
‘‘(2) guidance issued by the Secretary of Defense pursuant 
to section 113(g)(1)(B) of this title. 
‘‘(b) REQUIRED METRICS.—At a minimum, the materiel readi-
ness metrics required by subsection (a) shall address the materiel 
availability, operational availability, operational capability, and 
materiel reliability of each major weapon system by designated 
mission, design series, variant, or class. 
‘‘(c) MATERIEL READINESS OBJECTIVES.—(1) Not later than one 
year after the date of the enactment of this subsection, each head 
of an element described in subsection (a) shall establish the metrics 
required by subsection (b) necessary to support the strategic frame-
work and guidance referred to in paragraph (1) and (2) of subsection 
(a). 
‘‘(2) Annually, each head of an element described in subsection 
(a) shall review and revise the metrics required by subsection 
(b) and include any such revisions in the materials submitted to 
Congress in support of the budget of the President under section 
1105 of title 31.’’; 
(4) in subsection (d) (as designated by paragraph (2))— 
(A) in paragraph (1)— 
(i) by striking ‘‘materiel reliability, and mean down 
time metrics for each major weapons system’’ and 
inserting ‘‘operational availability, and materiel reli-
ability for each major weapon system’’; and 
(ii) by inserting ‘‘and’’ at the end; 
(B) in paragraph (2), by striking ‘‘; and’’ and inserting 
a period at the end; and 
(C) by striking paragraph (3); and 
(5) by adding at the end the following new subsection: 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘major weapon system’ has the meaning 
given in section 2379(f) of this title. 
‘‘(2) The term ‘materiel availability’ means a measure of 
the percentage of the total inventory of a major weapon system 
that is operationally capable of performing an assigned mission. 
‘‘(3) The term ‘materiel reliability’ means the probability 
that a major weapon system will perform without failure over 
a specified interval. 
‘‘(4) The term ‘operational availability’ means a measure 
of the percentage of time a major weapon system is operation-
ally capable. 
‘‘(5) The term ‘operationally capable’ means a materiel 
condition indicating that a major weapon system is capable 
of performing its assigned mission and has no discrepancies 
with a subsystem of a major weapon system.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 2 of title 10, United States Code, is amended
H. R. 6395—155 
by striking the item relating to section 118 and inserting the 
following new item: 
‘‘118. Materiel readiness metrics and objectives for major defense acquisition pro-
grams.’’. 
SEC. 348. REPEAL OF STATUTORY REQUIREMENT FOR NOTIFICATION 
TO DIRECTOR OF DEFENSE LOGISTICS AGENCY THREE 
YEARS PRIOR TO IMPLEMENTING CHANGES TO ANY UNI-
FORM OR UNIFORM COMPONENT. 
Section 356 of the John S. McCain National Defense Authoriza-
tion Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 
771 note prec.) is amended— 
(1) by striking subsection (a); 
(2) by redesignating subsections (b) and (c) as subsections 
(a) and (b), respectively; and 
(3) in subsections (a) and (b), as so redesignated, by striking 
‘‘Commander’’ each place it appears and inserting ‘‘Director’’. 
Subtitle D—Munitions Safety and 
Oversight 
SEC. 351. CHAIR OF DEPARTMENT OF DEFENSE EXPLOSIVE SAFETY 
BOARD. 
(a) RESPONSIBILITIES.—Section 172 of title 10, United States 
Code, is amended by adding at the end the following new sub-
sections: 
‘‘(c) RESPONSIBILITIES OF CHAIR.—The chair of the explosive 
safety board shall carry out the following responsibilities: 
‘‘(1) To act as the principal executive representative and 
advisor of the Secretary on explosive and chemical agent safety 
matters related to Department of Defense military munitions. 
‘‘(2) To perform the hazard classification approval duties 
assigned to the chair. 
‘‘(3) To preside over meetings of the explosive safety board. 
‘‘(4) To direct the staff of the explosive safety board. 
‘‘(5) To performs other functions relating to explosives 
safety management, as directed by the Assistant Secretary 
of Defense for Sustainment. 
‘‘(6) To provide impartial and objective advice related to 
explosives safety management to the Secretary of Defense and 
the heads of the military departments. 
‘‘(7) To serve as the principal representative and advisor 
of the Department of Defense on matters relating to explosives 
safety management. 
‘‘(8) To provide assistance and advice to the Under Sec-
retary of Defense for Acquisition and Sustainment and the 
Deputy Director of Land Warfare and Munitions in munitions 
acquisition oversight and technology advancement for Depart-
ment of Defense military munitions, especially in the areas 
of explosives and chemical agent safety and demilitarization. 
‘‘(9) To provide assistance and advice to the Assistant Sec-
retary of Defense for Logistics and Material Readiness in 
sustainment oversight of Department of Defense military muni-
tions, especially in the areas of explosives and chemical agent 
safety, storage, transportation, and demilitarization.
H. R. 6395—156 
‘‘(10) To develop and recommend issuances to define the 
functions of the explosive safety board. 
‘‘(11) To establishes joint hazard classification procedures 
with covered components of the Department. 
‘‘(12) To make recommendations to the Under Secretary 
of Defense for Acquisition and Sustainment with respect to 
explosives and chemical agent safety tenets and requirements. 
‘‘(13) To conducts oversight of Department of Defense explo-
sive safety management programs. 
‘‘(14) To carry out such other responsibilities as the Sec-
retary of Defense determines appropriate. 
‘‘(d) RESPONSIBILITIES OF EXECUTIVE DIRECTOR AND CIVILIAN 
MEMBERS.—The executive director and civilian members of the 
explosive safety board shall— 
‘‘(1) provide assistance to the chair in carrying out the 
responsibilities specified in subsection (c); and 
‘‘(2) carry out such other responsibilities as the chair deter-
mines appropriate. 
‘‘(e) MEETINGS.—(1) The explosive safety board shall meet not 
less frequently than quarterly. 
‘‘(2) The chair shall submit to the congressional defense commit-
tees an annual report describing the activities conducted at the 
meetings of the board. 
‘‘(f) EXCLUSIVE RESPONSIBILITIES.—The explosive safety board 
shall have exclusive responsibility within the Department of 
Defense for— 
‘‘(1) recommending new and updated explosive and chem-
ical agent safety regulations and standards to the Assistant 
Secretary of Defense for Energy Installations and Environment 
for submittal to the Under Secretary of Defense for Acquisition 
and Sustainment; and 
‘‘(2) acting as the primary forum for coordination among 
covered components of the Department on all matters related 
to explosive safety management. 
‘‘(g) COVERED COMPONENTS.—In this section, the covered compo-
nents of the Department are each of the following: 
‘‘(1) The Office of the Secretary of Defense. 
‘‘(2) The military departments. 
‘‘(3) The Office of the Chairman of the Joint Chiefs of 
Staff and the Joint Staff, the Combatant Commands. 
‘‘(4) The Office of the Inspector General of the Department. 
‘‘(5) The Defense Agencies. 
‘‘(6) The Department of Defense field activities. 
‘‘(7) All other organizational entities within the Depart-
ment.’’. 
(b) DEADLINE FOR APPOINTMENT.—By not later than 90 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall take such steps as may be necessary to ensure that the 
explosive safety board of the Department of Defense, as authorized 
under section 172 of title 10, United States Code, has a chair 
who is a military officer and whose responsibilities include the 
day-to-day management of the explosive safety board and the 
responsibilities provided in subsection (c) of such section. 
(c) LIMITATION ON USE OF FUNDS.—Of the amounts authorized 
to be appropriated or otherwise made available in this Act for 
the Office of the Under Secretary of Defense for Acquisition and 
Sustainment for fiscal year 2021, not more than 75 percent may
H. R. 6395—157 
be obligated or expended until the date on which the Under Sec-
retary of Defense certifies to the congressional defense committees 
that all board member positions, including the chair, of the Depart-
ment of Defense explosive safety board, as authorized under section 
172 of title 10, United States Code, as amended by this section, 
have been filled by military officers as required by such section. 
SEC. 352. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PROGRAM. 
(a) 
ROLES, 
RESPONSIBILITIES, 
AND
AUTHORITIES.—Section 
2284(b) of title 10, United States Code, as amended by section 
1052 of the National Defense Authorization Act for Fiscal Year 
2020 (Public Law 116–92), is further amended— 
(1) in paragraph (1)(A)— 
(A) by inserting ‘‘and’’ before ‘‘integration’’; and 
(B) by striking ‘‘an Assistant Secretary of Defense’’ 
and inserting ‘‘the Assistant Secretary of Defense for Spe-
cial Operations and Low Intensity Conflict’’; 
(2) in paragraph (2), by striking ‘‘to whom responsibility 
is assigned under paragraph (1)(A)’’ and inserting ‘‘for Special 
Operations and Low Intensity Conflict’’; 
(3) by redesignating paragraphs (3) and (4) as paragraphs 
(4) and (5), respectively; and 
(4) by inserting after paragraph (2) the following new para-
graph (3): 
‘‘(3) the Assistant Secretary of Defense for Special Oper-
ations and Low Intensity Conflict shall coordinate with— 
‘‘(A) the Under Secretary of Defense for Intelligence 
on explosive ordnance technical intelligence; 
‘‘(B) the Under Secretary of Defense for Acquisition 
and Sustainment on explosive ordnance disposal research, 
development, acquisition, and sustainment; 
‘‘(C) the Under Secretary of Defense for Research and 
Engineering on explosive ordnance disposal research, 
development, test, and evaluation; 
‘‘(D) the Assistant Secretary of Defense for Homeland 
Security and Global Security on explosive ordnance disposal 
on defense support of civil authorities; and 
‘‘(E) the Assistant Secretary of Defense for Nuclear, 
Chemical, and Biological Defense programs on explosive 
ordnance disposal for combating weapons of mass destruc-
tion;’’. 
(b) REPORT.—Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense, in coordination 
with the Secretaries of the military departments, shall submit to 
the Committees on Armed Services of the Senate and House of 
Representatives a report of the Explosive Ordnance Disposal 
Defense Program under section 2284 of title 10, United States 
Code. Such report shall include each of the following: 
(1) The status of the establishment and organization of 
the Program and the compliance with the requirements of 
such section, as amended by section 1052 of the National 
Defense Authorization Act for Fiscal Year 2020. 
(2) An assessment of the feasibility and advisability of 
designating the Joint Program Executive Officer for Armaments 
and Ammunition as the joint program executive officer for 
the explosive ordnance disposal program, establishing a rotation
H. R. 6395—158 
of the role between an Army, Navy, and Air Force entity on 
a periodic basis, or other options determined appropriate. 
(3) An assessment of the feasibility and advisability of 
designating the Director of the Defense Threat Reduction 
Agency with management responsibility for a Defense-wide pro-
gram element for explosive ordnance disposal research, develop-
ment, test, and evaluation transactions other than contracts, 
cooperative agreements, and grants related to section 2371 
of title 10, United States Code, during research projects 
including rapid prototyping and limited procurement urgent 
activities and acquisition. 
SEC. 353. ASSESSMENT OF RESILIENCE OF DEPARTMENT OF DEFENSE 
MUNITIONS ENTERPRISE. 
(a) ASSESSMENT.—Not later than 60 days after the date of 
the enactment of this Act, the Secretary of Defense shall enter 
into an agreement with a federally-funded research and develop-
ment center with relevant expertise under which such center shall 
conduct an assessment of the resilience of the Department of 
Defense munitions enterprise. 
(b) ELEMENTS.—The assessment required under subsection (a) 
shall include the following elements: 
(1) An identification of the points of failure with respect 
to the munitions enterprise, including physical locations, mate-
rials, suppliers, contractors, and other relevant elements, that, 
if failure occurs, would have the largest negative impact on 
the capacity, resiliency, and safety of the enterprise. 
(2) An evaluation of the efforts of the Department of 
Defense to address the points of failure identified under para-
graph (1). 
(3) Recommendation with respect to any additional efforts 
or actions that could be taken to provide for mitigation or 
solutions with respect to such points of failure. 
(4) An evaluation of the capacity of the munitions enter-
prise to support a sudden surge in demand to support a contin-
gency. 
(5) An evaluation of the capacity of the munitions enter-
prise to withstand intentional disruption during a conflict. 
(c) REPORT AND BRIEFINGS.—The Secretary shall— 
(1) submit to the congressional defense committees a report 
on the results of assessment conducted under this section by 
not later than December 31, 2021; and 
(2) provide for such committees interim briefings on such 
assessment upon request. 
(d) POINT
OF FAILURE.—In this section, the term ‘‘point of 
failure’’ means, with respect to the munitions enterprise, an aspect 
of the enterprise, that, if it were to fail or be significantly negatively 
impacted would cause the portion of the enterprise it supports 
to either fail or be significantly negatively impacted. 
SEC. 354. REPORT ON SAFETY WAIVERS AND MISHAPS IN DEPARTMENT 
OF DEFENSE MUNITIONS ENTERPRISE. 
(a) REPORT REQUIRED.—The Secretary shall include with the 
Department of Defense materials submitted to Congress with the 
budget of the President for each of fiscal years 2022 through 2025 
(as submitted to Congress pursuant to section 1105 of title 31, 
United States Code), a report on safety waivers provided in the 
Department of Defense munitions enterprise. Each such report shall
H. R. 6395—159 
include each of the following for the year covered by the report 
and each of the preceding 3 years: 
(1) A list of each waiver, exemption, and secretarial exemp-
tion or certification provided with respect to any Department 
of Defense munitions safety standard. 
(2) For each such waiver, exemption, or certification pro-
vided— 
(A) the location where the waiver, exemption, or certifi-
cation was provided; 
(B) a summary of the justification used for providing 
the waiver, exemption, or certification; 
(C) the time period during which the waiver, exemp-
tion, or certification applies and the number of times such 
a waiver, exemption, or certification has been provided 
at that location; and 
(D) a list of all safety-related mishaps that occurred 
at locations where waivers, exemptions, or certifications 
were in place, and for each such mishap, whether or not 
a subsequent investigation determined the waiver, exemp-
tion, or certification was related or may have been related 
to the mishap. 
(3) A list and summary of all class A through class E 
mishaps related to the construction, storage, transportation, 
usage, and demilitarization of munitions. 
(4) Any mitigation efforts in place at any location where 
a waiver, exemption, or certification has been provided or where 
a safety-related mishap has occurred. 
(5) Such other matters as the Secretary determines appro-
priate. 
(b) MUNITIONS DEFINED.—In this section, the term ‘‘munitions’’ 
includes ammunition, explosives, and chemical agents. 
Subtitle E—Other Matters 
SEC. 361. PILOT PROGRAM FOR TEMPORARY ISSUANCE OF MATER-
NITY-RELATED UNIFORM ITEMS. 
(a) PILOT PROGRAM.—The Director of the Defense Logistics 
Agency, in coordination with the Secretaries concerned, shall carry 
out a pilot program for issuing maternity-related uniform items 
to pregnant members of the Armed Forces, on a temporary basis 
and at no cost to such member. In carrying out the pilot program, 
the Director shall take the following actions: 
(1) The Director shall maintain a stock of each type of 
maternity-related uniform item determined necessary by the 
Secretary concerned, including service uniforms items, utility 
uniform items, and other items relating to the command and 
duty assignment of the member requiring issuance. 
(2) The Director shall ensure that such items have not 
been treated with the chemical permethrin. 
(3) The Director, in coordination with the Secretary con-
cerned, shall determine a standard number of maternity-related 
uniform items that may be issued per member. 
(4) The Secretary concerned shall ensure that any member 
receiving a maternity-related uniform item returns such item 
to the relevant office established under paragraph (1) on the
H. R. 6395—160 
date on which the Secretary concerned determines the member 
no longer requires such item. 
(5) The Secretary concerned shall inspect, process, repair, 
clean, and re-stock items returned by a member pursuant to 
paragraph (4) for re-issuance from such relevant office. 
(6) The Director, in coordination with the Secretaries con-
cerned, may issue such guidance and regulations as necessary 
to carry out the pilot program. 
(b) TERMINATION.—No maternity-related uniform items may 
be issued to a member of the Armed Forces under the pilot program 
after September 30, 2026. 
(c) REPORT.—Not later than September 30, 2025, the Director 
of the Defense Logistics Agency, in coordination with the Secretaries 
concerned, shall submit to the congressional defense committees 
a report on the pilot program. Such report shall include each 
of the following: 
(1) For each year during which the pilot program was 
carried out, the number of members of the Armed Forces who 
received a maternity-related uniform item under the pilot pro-
gram. 
(2) An overview of the costs associated with, and any 
savings realized by, the pilot program, including a comparison 
of the cost of maintaining a stock of maternity-related uniform 
items for issuance under the pilot program versus the cost 
of providing allowances to members for purchasing such items. 
(3) A recommendation on whether the pilot program should 
be extended after the date of termination under subsection 
(b) and whether legislation is necessary for such extension. 
(4) Any other matters that the Secretary of Defense deter-
mines appropriate. 
SEC. 362. SERVICEWOMEN’S COMMEMORATIVE PARTNERSHIPS. 
(a) IN GENERAL.—The Secretary of the Army may enter into 
a contract, partnership, or grant with a non-profit organization 
for the purpose of providing financial support for the maintenance 
and sustainment of infrastructure and facilities at military service 
memorials and museums that highlight the role of women in the 
military. Such a contract, partnership, or grant shall be referred 
to as a ‘‘Servicewomen’s Commemorative Partnership’’. 
(b) AUTHORIZATION
OF
APPROPRIATIONS.—Of the amounts 
authorized to be appropriated for fiscal year 2021, as identified 
in division D of this Act, $3,000,000 shall be available for Service-
women’s Commemorative Partnerships under subsection (a). 
SEC. 363. BIODEFENSE ANALYSIS AND BUDGET SUBMISSION. 
(a) ANNUAL ANALYSIS.—For each fiscal year, beginning in fiscal 
year 2023, the Director of the Office of Management and Budget, 
in consultation with the Secretary of Health and Human Services 
shall— 
(1) conduct a detailed and comprehensive analysis of Fed-
eral biodefense programs; and 
(2) develop an integrated biodefense budget submission. 
(b) DEFINITION
OF
BIODEFENSE.—In accordance with the 
National Biodefense Strategy, the Director shall develop and 
disseminate to all Federal departments and agencies a unified 
definition of the term ‘‘biodefense’’ to identify which programs and 
activities are included in the annual budget submission required 
under subsection (a).
H. R. 6395—161 
(c) REQUIREMENTS FOR ANALYSIS.—The analysis required under 
subsection (a) shall include— 
(1) the display of all funds requested for biodefense activi-
ties, both mandatory and discretionary, by agency and cat-
egorized by biodefense enterprise element, such as threat 
awareness, prevention, deterrence, preparedness, surveillance 
and detection, response, attribution (including bioforensic 
capabilities), recovery, and mitigation; and 
(2) detailed explanations of how each program and activity 
included aligns with biodefense goals and objectives as part 
of the National Biodefense Strategy required under section 
1086 of the National Defense Authorization Act for Fiscal Year 
2017 (6 U.S.C. 104). 
(d) SUBMITTAL TO CONGRESS.—The Director, in consultation 
with the Secretary of Health and Human Services, shall submit 
to Congress the analysis required under subsection (a) for a fiscal 
year concurrently with the President’s annual budget request for 
that fiscal year. 
SEC. 364. UPDATE OF NATIONAL BIODEFENSE IMPLEMENTATION 
PLAN. 
(a) IN GENERAL.—The Secretaries of Health and Human Serv-
ices, Defense, Agriculture, Homeland Security, and all other Depart-
ments and agencies with responsibilities for biodefense, such as 
the Department of State, in consultation with the Assistant to 
the President for National Security Affairs and the Director of 
the Office of Management and Budget, as appropriate, shall jointly, 
after reviewing the biodefense threat assessment described in sub-
section (d) and any relevant input from external stakeholders, as 
appropriate, update the National Biodefense Implementation Plan 
developed under section 1086 of the National Defense Authorization 
Act for Fiscal Year 2017 (6 U.S.C. 104) to clearly document estab-
lished processes, roles, and responsibilities related to the National 
Biodefense Strategy. 
(b) SPECIFIC
UPDATES.—The updated National Biodefense 
Implementation Plan shall— 
(1) describe the roles and responsibilities of the Federal 
departments and agencies, including internal and external 
coordination procedures, in identifying and sharing information 
between and among Federal departments and agencies, as 
described in section 1086(b)(4) of the National Defense 
Authorization Act for Fiscal Year 2017 (6 U.S.C. 104(b)(4)) 
and consistent with the statutory roles and authorities of such 
departments and agencies; 
(2) describe roles, responsibilities, and processes for 
decisionmaking, including decisions regarding use of resources 
for effective risk management across the enterprise; 
(3) describe resource plans for each department and agency 
with responsibility for biodefense to support implementation 
of the strategy within the jurisdiction of such department or 
agency, including for the Biodefense Coordination Team, as 
appropriate; 
(4) describe guidance and methods for analyzing the data 
collected from agencies to include non-Federal resources and 
capabilities to the extent practicable; and 
(5) 
describe 
and 
update, 
as 
appropriate, 
short-, medium-, and long-term goals for executing the National
H. R. 6395—162 
Biodefense Strategy and metrics for meeting each objective 
of the Strategy. 
(c) SUBMITTAL TO CONGRESS.—The Secretary of Health and 
Human Services, the Secretary of Defense, the Secretary of Agri-
culture, and the Secretary of Homeland Security shall, not later 
than 6 months after the date of the completion of the assessment 
in subsection (d)(1)(A), submit the updated Implementation Plan 
to the appropriate congressional committees. 
(d) UPDATED BIODEFENSE THREAT ASSESSMENT.— 
(1) IN GENERAL.—The Secretaries of Health and Human 
Services, Defense, Agriculture, and Homeland Security, shall 
jointly, and in consultation with the Director of National Intel-
ligence, and other agency heads as appropriate— 
(A) conduct an assessment of current and potential 
biological threats against the United States, both naturally 
occurring and man-made, either accidental or deliberate, 
including the potential for catastrophic biological threats, 
such as a pandemic; 
(B) not later than 1 year after the date of enactment 
of this section, submit the findings of the assessment con-
ducted under subparagraph (A) to the Federal officials 
described in subsection (d)(1)and the appropriate congres-
sional committees described in subsection (e); 
(C) not later than 30 days after the date on which 
the assessment is submitted under subparagraph (B), con-
duct a briefing for the appropriate congressional commit-
tees on the findings of the assessment; 
(D) update the assessment under subparagraph (A) 
biennially, as appropriate, and provide the findings of such 
updated assessments to the Federal officials described in 
subsection (d)(1) and the appropriate congressional commit-
tees; and 
(E) conduct briefings for the appropriate congressional 
committees as needed any time an assessment under this 
paragraph is updated. 
(2) CLASSIFICATION AND FORMAT.—Assessments under para-
graph (1) shall be submitted in an unclassified format and 
include a classified annex, as appropriate. 
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In 
this section, the term ‘‘appropriate congressional committees’’ means 
the following: 
(1) The Committees on Armed Services of the House of 
Representatives and the Senate. 
(2) The Committee on Energy and Commerce of the House 
of Representatives and the Committee on Health, Education, 
Labor, and Pensions of the Senate. 
(3) The Committee on Homeland Security of the House 
of Representatives and the Committee on Homeland Security 
and Governmental Affairs of the Senate. 
(4) The Committee on Agriculture of the House of Rep-
resentatives and the Committee on Agriculture, Nutrition, and 
Forestry of the Senate. 
(5) The Permanent Select Committee on Intelligence of 
the House of Representatives and the Select Committee on 
Intelligence of the Senate.
H. R. 6395—163 
(6) The Committee on Foreign Affairs of the House of 
Representatives and the Committee on Foreign Relations of 
the Senate. 
(f) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed to alter, limit, or duplicate the roles, responsibilities, 
authorities, or current activities, as established in statute or other-
wise through existing practice or policy, of each Federal department 
or agency with responsibilities for biodefense or otherwise relevant 
to implementation of the National Biodefense Strategy. 
SEC. 365. PLANS AND REPORTS ON EMERGENCY RESPONSE TRAINING 
FOR MILITARY INSTALLATIONS. 
(a) PLANS.— 
(1) IN GENERAL.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall 
ensure that each military installation under the jurisdiction 
of the Secretary that does not conduct live emergency response 
training on an annual basis or more frequently with the civilian 
law enforcement and emergency response agencies responsible 
for responding to an emergency at the installation develops 
a plan to conduct such training. 
(2) ELEMENTS.—Each plan developed under paragraph (1) 
with respect to an installation— 
(A) shall include— 
(i) the cost of implementing training described in 
paragraph (1) at the installation; 
(ii) 
a 
description 
of 
any 
obstacles 
to 
the 
implementation of such training; and 
(iii) recommendations for mitigating any such 
obstacles; and 
(B) shall be designed to ensure that the civilian law 
enforcement and emergency response agencies described 
in paragraph (1) are familiar with— 
(i) the physical features of the installation, 
including gates, buildings, armories, headquarters, 
command and control centers, and medical facilities; 
and 
(ii) the emergency response personnel and proce-
dures of the installation. 
(3) SUBMITTAL OF PLANS.— 
(A) SUBMITTAL TO SECRETARY.—Not later than 90 days 
after the date of the enactment of this Act, the commander 
of each military installation required to develop a plan 
under paragraph (1) shall submit such plan to the Secretary 
of Defense. 
(B) SUBMITTAL TO CONGRESS.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a summary of 
the plans submitted to the Secretary under subparagraph 
(A). 
(b) REPORTS ON TRAINING CONDUCTED.— 
(1) LIST OF INSTALLATIONS.—Not later than March 1, 2021, 
the Secretary shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a list 
of all military installations under the jurisdiction of the Sec-
retary that conduct live emergency response training on an
H. R. 6395—164 
annual basis or more frequently with the civilian law enforce-
ment and emergency response agencies responsible for 
responding to an emergency at the installation. 
(2) ANNUAL REPORTS.— 
(A) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, and annually thereafter, 
the commander of each military installation under the 
jurisdiction of the Secretary shall submit to the Secretary 
a report on each live emergency response training con-
ducted during the year covered by the report with the 
civilian law enforcement and emergency response agencies 
responsible for responding to an emergency at the installa-
tion. 
(B) ELEMENTS.—Each report submitted under subpara-
graph (A) shall include, with respect to each training exer-
cise, the following: 
(i) The date and duration of the exercise. 
(ii) A detailed description of the exercise. 
(iii) An identification of all military and civilian 
personnel who participated in the exercise. 
(iv) Any recommendations resulting from the exer-
cise. 
(v) The actions taken, if any, to implement such 
recommendations. 
(C) INCLUSION IN ANNUAL BUDGET SUBMISSION.— 
(i) IN GENERAL.—The Secretary shall include in 
the budget submitted to Congress by the President 
pursuant to section 1105(a) of title 31, United States 
Code, a summary of any report submitted to the Sec-
retary under subparagraph (A) during the one-year 
period preceding the submittal of the budget. 
(ii) CLASSIFIED
FORM.—The summary submitted 
under clause (i) may be submitted in classified form. 
(D) SUNSET.—The requirement to submit annual 
reports under subparagraph (A) shall terminate upon the 
submittal of the budget described in subparagraph (C)(i) 
for fiscal year 2024. 
SEC. 366. INAPPLICABILITY OF CONGRESSIONAL NOTIFICATION AND 
DOLLAR LIMITATION REQUIREMENTS FOR ADVANCE BIL-
LINGS FOR CERTAIN BACKGROUND INVESTIGATIONS. 
Section 2208(l) of title 10, United States Code, is amended— 
(1) by redesignating paragraph (4) as paragraph (5); and 
(2) by inserting after paragraph (3) the following new para-
graph (4): 
‘‘(4) This subsection shall not apply to advance billing for back-
ground investigation and related services performed by the Defense 
Counterintelligence and Security Agency.’’. 
SEC. 367. ADJUSTMENT IN AVAILABILITY OF APPROPRIATIONS FOR 
UNUSUAL COST OVERRUNS AND FOR CHANGES IN SCOPE 
OF WORK. 
Section 8683 of title 10, United States Code, is amended by 
adding at the end the following new subsection: 
‘‘(c) TREATMENT
OF AMOUNTS APPROPRIATED AFTER END
OF 
PERIOD OF OBLIGATION.—In the application of section 1553(c) of 
title 31 to funds appropriated in the Operation and Maintenance, 
Navy account that are available for ship overhaul, the Secretary
H. R. 6395—165 
of the Navy may treat the limitation specified in paragraph (1) 
of such section to be ‘$10,000,000’ rather than ‘$4,000,000’.’’. 
SEC. 368. REQUIREMENT THAT SECRETARY OF DEFENSE IMPLEMENT 
SECURITY AND EMERGENCY RESPONSE RECOMMENDA-
TIONS RELATING TO ACTIVE SHOOTER OR TERRORIST 
ATTACKS 
ON 
INSTALLATIONS 
OF 
DEPARTMENT 
OF 
DEFENSE. 
(a) REQUIREMENT.—Not later than 90 days after the date of 
the enactment of this Act, the Secretary of Defense shall implement 
the applicable security and emergency response recommendations 
relating to active shooter or terrorist attacks on installations of 
the Department of Defense made in the following reports: 
(1) The report by the Government Accountability Office 
dated July 2015 entitled, ‘‘Insider Threats: DOD Should 
Improve Information Sharing and Oversight to Protect U.S. 
Installations’’ (GAO–15–543). 
(2) The report prepared by the Department of the Navy 
relating to the Washington Navy Yard shooting in 2013. 
(3) The report by the Department of the Army dated August 
2010 entitled ‘‘Fort Hood, Army Internal Review Team: Final 
Report’’. 
(4) The independent review by the Department of Defense 
dated January 2010 entitled ‘‘Protecting the Force: Lessons 
from Fort Hood’’. 
(5) The report by the Department of the Air Force dated 
October 2010 entitled ‘‘Air Force Follow-On Review: Protecting 
the Force: Lessons from Fort Hood’’. 
(b) NOTIFICATION OF INAPPLICABLE RECOMMENDATIONS.— 
(1) IN GENERAL.—If the Secretary determines that a rec-
ommendation described in subsection (a) is outdated, is no 
longer applicable, or has been superseded by more recent sepa-
rate guidance or recommendations set forth by the Government 
Accountability Office, the Department of Defense, or another 
entity in related contracted review, the Secretary shall notify 
the Committees on Armed Services of the Senate and the 
House of Representatives not later than 45 days after the 
date of the enactment of this Act. 
(2) IDENTIFICATION
AND
JUSTIFICATION.—The notification 
under paragraph (1) shall include an identification, set forth 
by report specified in subsection (a), of each recommendation 
that the Secretary determines should not be implemented, with 
a justification for each such determination. 
SEC. 369. CLARIFICATION OF FOOD INGREDIENT REQUIREMENTS FOR 
FOOD OR BEVERAGES PROVIDED BY THE DEPARTMENT 
OF DEFENSE. 
(a) IN GENERAL.—Before making any final rule, statement, 
or determination regarding the limitation or prohibition of any 
food or beverage ingredient in military food service, military medical 
foods, commissary food, or commissary food service, the Secretary 
of Defense shall publish in the Federal Register a notice of a 
preliminary rule, statement, or determination (in this section 
referred to as a ‘‘proposed action’’) and provide opportunity for 
public comment. 
(b) MATTERS TO BE INCLUDED.—The Secretary shall include 
in any notice published under subsection (a) the following: 
(1) The date of the notice.
H. R. 6395—166 
(2) Contact information for the appropriate office at the 
Department of Defense. 
(3) A summary of the notice. 
(4) A date for comments to be submitted and specific 
methods for submitting comments. 
(5) A description of the substance of the proposed action. 
(6) Findings and a statement of reasons supporting the 
proposed action. 
(c) WAIVER AUTHORITY.— 
(1) MILITARY OPERATIONS AND EMERGENCY RESPONSE.—The 
Secretary may waive subsections (a) and (b) if the Secretary 
determines that such a waiver is necessary for military oper-
ations or for the response to a national emergency declared 
by the President under the National Emergencies Act (50 U.S.C. 
1601 et seq.), a medical emergency, or a pandemic. 
(2) PROTECTION OF HUMAN HEALTH.—The Secretary may 
waive subsections (a) and (b) if the Food and Drug Administra-
tion, the Surgeon General of the United States, or the Surgeons 
General of the Department of Defense makes a recall or prohibi-
tion determination due to certain ingredients being harmful 
for human consumption. 
(3) NOTIFICATION REQUIRED.— 
(A) IN
GENERAL.—The Secretary shall notify the 
congressional defense committees not later than 60 days 
after exercising waiver authority under paragraph (1). 
(B) 
ELEMENTS.—The 
notification 
required 
under 
subparagraph (A) shall include, with respect to each waiver, 
the following elements: 
(i) The date, time, and location of the issuance 
of the waiver. 
(ii) A detailed justification for the issuance of the 
waiver. 
(iii) An identification of the rule, statement, or 
determination for which the Secretary issued the 
waiver, including the proposed duration of such rule, 
statement, or determination. 
SEC. 370. COMMISSION ON THE NAMING OF ITEMS OF THE DEPART-
MENT OF DEFENSE THAT COMMEMORATE THE CONFED-
ERATE STATES OF AMERICA OR ANY PERSON WHO SERVED 
VOLUNTARILY WITH THE CONFEDERATE STATES OF 
AMERICA. 
(a) REMOVAL.—Not later than three years after the date of 
the enactment of this Act, the Secretary of Defense shall implement 
the plan submitted by the commission described in paragraph (b) 
and remove all names, symbols, displays, monuments, and para-
phernalia that honor or commemorate the Confederate States of 
America (commonly referred to as the ‘‘Confederacy’’) or any person 
who served voluntarily with the Confederate States of America 
from all assets of the Department of Defense. 
(b) IN GENERAL.—The Secretary of Defense shall establish a 
commission relating to assigning, modifying, or removing of names, 
symbols, displays, monuments, and paraphernalia to assets of the 
Department of Defense that commemorate the Confederate States 
of America or any person who served voluntarily with the Confed-
erate States of America. 
(c) DUTIES.—The Commission shall—
H. R. 6395—167 
(1) assess the cost of renaming or removing names, symbols, 
displays, monuments, or paraphernalia that commemorate the 
Confederate States of America or any person who served volun-
tarily with the Confederate States of America; 
(2) develop procedures and criteria to assess whether an 
existing name, symbol, monument, display, or paraphernalia 
commemorates the Confederate States of America or person 
who served voluntarily with the Confederate States of America; 
(3) recommend procedures for renaming assets of the 
Department of Defense to prevent commemoration of the 
Confederate States of America or any person who served volun-
tarily with the Confederate States of America; 
(4) develop a plan to remove names, symbols, displays, 
monuments, or paraphernalia that commemorate the Confed-
erate States of America or any person who served voluntarily 
with the Confederate States of America from assets of the 
Department of Defense, within the timeline established by this 
Act; and 
(5) include in the plan procedures and criteria for collecting 
and incorporating local sensitivities associated with naming 
or renaming of assets of the Department of Defense. 
(d) MEMBERSHIP.—The Commission shall be composed of eight 
members, of whom— 
(1) four shall be appointed by the Secretary of Defense; 
(2) one shall be appointed by the Chairman of the Com-
mittee on Armed Services of the Senate; 
(3) one shall be appointed by the Ranking Member of 
the Committee on Armed Services of the Senate; 
(4) one shall be appointed by the Chairman of the Com-
mittee on Armed Services of the House of Representatives; 
and 
(5) one shall be appointed by the Ranking Member of 
the Committee on Armed Services of the House of Representa-
tives. 
(e) APPOINTMENT.—Members of the Commission shall be 
appointed not later than 45 days after the date of the enactment 
of this Act. 
(f) INITIAL MEETING.—The Commission shall hold its initial 
meeting on the date that is 60 days after the enactment of this 
Act. 
(g) BRIEFINGS AND REPORTS.—Not later than October 1, 2021, 
the Commission shall brief the Committees on Armed Services 
of the Senate and House of Representatives detailing the progress 
of the requirements under subsection (c). Not later than October 
1, 2022, and not later than 90 days before the implementation 
of the plan in subsection (c)(4), the Commission shall present a 
briefing and written report detailing the results of the requirements 
under subsection (c), including: 
(1) A list of assets to be removed or renamed. 
(2) Costs associated with the removal or renaming of assets 
in subsection (g)(1). 
(3) Criteria and requirements used to nominate and rename 
assets in subsection (g)(1). 
(4) Methods of collecting and incorporating local sensitivi-
ties associated with the removal or renaming of assets in sub-
section (g)(1). 
(h) FUNDING.—
H. R. 6395—168 
(1) AUTHORIZATION OF APPROPRIATIONS.—There is author-
ized to be appropriated $2,000,000 to carry out this section. 
(2) OFFSET.—The amount authorized to be appropriated 
by the Act for fiscal year 2021 for Operations and Maintenance, 
Army, sub activity group 434 - other personnel support is 
hereby reduced by $2,000,000. 
(i) ASSETS DEFINED.—In this section, the term ‘‘assets’’ includes 
any base, installation, street, building, facility, aircraft, ship, plane, 
weapon, equipment, or any other property owned or controlled 
by the Department of Defense. 
(j) EXEMPTION FOR GRAVE MARKERS.—Shall not cover monu-
ments but shall exempt grave markers. Congress expects the 
commission to further define what constitutes a grave marker. 
TITLE IV—MILITARY PERSONNEL 
AUTHORIZATIONS 
Subtitle A—Active Forces 
Sec. 401. End strengths for active forces. 
Sec. 402. Revisions to permanent active duty end strength minimum levels. 
Sec. 403. Modification of the authorized number and accounting method for senior 
enlisted personnel. 
Subtitle B—Reserve Forces 
Sec. 411. End strengths for Selected Reserve. 
Sec. 412. End strengths for Reserves on active duty in support of the Reserves. 
Sec. 413. End strengths for military technicians (dual status). 
Sec. 414. Maximum number of reserve personnel authorized to be on active duty 
for operational support. 
Sec. 415. Separate authorization by Congress of minimum end strengths for non- 
temporary military technicians (dual status) and end strengths for tem-
porary military technicians (dual status). 
Subtitle C—Authorization of Appropriations 
Sec. 421. Military personnel. 
Subtitle A—Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
The Armed Forces are authorized strengths for active duty 
personnel as of September 30, 2021, as follows: 
(1) The Army, 485,900. 
(2) The Navy, 347,800. 
(3) The Marine Corps, 181,200. 
(4) The Air Force, 333,475. 
SEC. 402. REVISIONS TO PERMANENT ACTIVE DUTY END STRENGTH 
MINIMUM LEVELS. 
(a) IN GENERAL.—Section 691 of title 10, United States Code, 
is amended— 
(1) in the heading, by striking ‘‘two major regional 
contingencies’’ 
and 
inserting 
‘‘the 
National 
Defense 
Strategy’’; 
(2) in subsection (a)— 
(A) by striking ‘‘a national defense strategy calling 
for’’ and inserting ‘‘the national defense strategy of’’; and 
(B) by striking ‘‘to be able to successfully conduct two 
nearly simultaneous major regional contingencies’’;
H. R. 6395—169 
(3) in subsection (b), by striking paragraphs (1) through 
(4) and inserting the following new paragraphs: 
‘‘(1) For the Army, 485,900. 
‘‘(2) For the Navy, 347,800. 
‘‘(3) For the Marine Corps, 181,200. 
‘‘(4) For the Air Force, 333,475.’’; and 
(4) in subsection (e)— 
(A) by inserting ‘‘or the Secretary concerned’’ after 
‘‘Secretary of Defense’’; and 
(B) by striking ‘‘reduce a number specified in subsection 
(b) by not more than 2 percent’’ and inserting ‘‘vary a 
number specified in subsection (b) in accordance with sec-
tion 115 of this title’’. 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 39 of such title is amended by striking the item 
relating to section 691 and inserting the following: 
‘‘691. Permanent end strength levels to support the National Defense Strategy’’. 
SEC. 
403. 
MODIFICATION 
OF 
THE 
AUTHORIZED 
NUMBER 
AND 
ACCOUNTING 
METHOD 
FOR 
SENIOR 
ENLISTED 
PER-
SONNEL. 
(a) IN GENERAL.—Section 517 of title 10, United States Code, 
is amended— 
(1) in the section heading, by striking ‘‘daily average’’ 
and inserting ‘‘enlisted end strength’’; 
(2) in subsection (a)— 
(A) by striking ‘‘daily average number of’’ and inserting 
‘‘end strength for’’; 
(B) by striking ‘‘in a fiscal year’’ and inserting ‘‘as 
of the last day of a fiscal year’’; 
(C) by striking ‘‘2.5 percent’’ and inserting ‘‘3.0 per-
cent’’; and 
(D) by striking ‘‘on the first day of that fiscal year’’; 
and 
(3) by striking subsection (b). 
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of chapter 31 of such title is amended by striking the item 
relating to section 517 and inserting the following new item: 
‘‘517. Authorized enlisted end strength: members in pay grades E–8 and E–9.’’. 
Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL.—The Armed Forces are authorized strengths 
for Selected Reserve personnel of the reserve components as of 
September 30, 2021, as follows: 
(1) The Army National Guard of the United States, 336,500. 
(2) The Army Reserve, 189,800. 
(3) The Navy Reserve, 58,800. 
(4) The Marine Corps Reserve, 38,500. 
(5) The Air National Guard of the United States, 108,100. 
(6) The Air Force Reserve, 70,300. 
(7) The Coast Guard Reserve, 7,000. 
(b) END STRENGTH REDUCTIONS.—The end strengths prescribed 
by subsection (a) for the Selected Reserve of any reserve component 
shall be proportionately reduced by—
H. R. 6395—170 
(1) the total authorized strength of units organized to serve 
as units of the Selected Reserve of such component which 
are on active duty (other than for training) at the end of 
the fiscal year; and 
(2) the total number of individual members not in units 
organized to serve as units of the Selected Reserve of such 
component who are on active duty (other than for training 
or for unsatisfactory participation in training) without their 
consent at the end of the fiscal year. 
(c) END STRENGTH INCREASES.—Whenever units or individual 
members of the Selected Reserve of any reserve component are 
released from active duty during any fiscal year, the end strength 
prescribed for such fiscal year for the Selected Reserve of such 
reserve component shall be increased proportionately by the total 
authorized strengths of such units and by the total number of 
such individual members. 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUP-
PORT OF THE RESERVES. 
Within the end strengths prescribed in section 411(a), the 
reserve components of the Armed Forces are authorized, as of 
September 30, 2021, the following number of Reserves to be serving 
on full-time active duty or full-time duty, in the case of members 
of the National Guard, for the purpose of organizing, administering, 
recruiting, instructing, or training the reserve components: 
(1) The Army National Guard of the United States, 30,595. 
(2) The Army Reserve, 16,511. 
(3) The Navy Reserve, 10,215. 
(4) The Marine Corps Reserve, 2,386. 
(5) The Air National Guard of the United States, 25,333. 
(6) The Air Force Reserve, 5,256. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL 
STATUS). 
(a) IN GENERAL.—The minimum number of military technicians 
(dual status) as of the last day of fiscal year 2021 for the reserve 
components of the Army and the Air Force (notwithstanding section 
129 of title 10, United States Code) shall be the following: 
(1) For the Army National Guard of the United States, 
22,294. 
(2) For the Army Reserve, 6,492. 
(3) For the Air National Guard of the United States, 10,994. 
(4) For the Air Force Reserve, 7,947. 
(b) LIMITATION.—Under no circumstances may a military 
technician (dual status) employed under the authority of this section 
be coerced by a State into accepting an offer of realignment or 
conversion to any other military status, including as a member 
of the Active, Guard, and Reserve program of a reserve component. 
If a military technician (dual status) declines to participate in 
such realignment or conversion, no further action will be taken 
against the individual or the individual’s position. 
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED 
TO BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT. 
During fiscal year 2021, the maximum number of members 
of the reserve components of the Armed Forces who may be serving 
at any time on full-time operational support duty under section 
115(b) of title 10, United States Code, is the following:
H. R. 6395—171 
(1) The Army National Guard of the United States, 17,000. 
(2) The Army Reserve, 13,000. 
(3) The Navy Reserve, 6,200. 
(4) The Marine Corps Reserve, 3,000. 
(5) The Air National Guard of the United States, 16,000. 
(6) The Air Force Reserve, 14,000. 
SEC. 415. SEPARATE AUTHORIZATION BY CONGRESS OF MINIMUM END 
STRENGTHS FOR NON-TEMPORARY MILITARY TECHNI-
CIANS (DUAL STATUS) AND END STRENGTHS FOR TEM-
PORARY MILITARY TECHNICIANS (DUAL STATUS). 
(a) IN GENERAL.—Section 115(d) of title 10, United States Code, 
is amended— 
(1) in the first sentence, by striking ‘‘the end strength 
for military technicians (dual status)’’ and inserting ‘‘both the 
minimum end strength for non-temporary military technicians 
(dual status) and the end strength for temporary military 
technicians (dual status)’’; and 
(2) in the third sentence, by striking ‘‘the end strength 
requested for military technicians (dual status)’’ and inserting 
‘‘the minimum end strength for non-temporary military techni-
cians (dual status), and the end strength for temporary military 
technicians (dual status), requested’’. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on the day after the date of the enactment 
of this Act. The amendment made by subsection (a)(2) shall apply 
with respect to budgets submitted by the President to Congress 
under section 1105 of title 31, United States Code, after such 
effective date. 
Subtitle C—Authorization of 
Appropriations 
SEC. 421. MILITARY PERSONNEL. 
(a) AUTHORIZATION
OF APPROPRIATIONS.—Funds are hereby 
authorized to be appropriated for fiscal year 2021 for the use 
of the Armed Forces and other activities and agencies of the Depart-
ment of Defense for expenses, not otherwise provided for, for mili-
tary personnel, as specified in the funding table in section 4401. 
(b) CONSTRUCTION OF AUTHORIZATION.—The authorization of 
appropriations in the subsection (a) supersedes any other authoriza-
tion of appropriations (definite or indefinite) for such purpose for 
fiscal year 2021. 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel Policy 
Sec. 501. Authorized strengths of general and flag officers on active duty. 
Sec. 502. Temporary expansion of availability of enhanced constructive service 
credit in a particular career field upon original appointment as a com-
missioned officer. 
Sec. 503. Diversity in selection boards. 
Sec. 504. Requirement for promotion selection board recommendation of higher 
placement on promotion list of officers of particular merit.
H. R. 6395—172 
Sec. 505. Special selection review boards for review of promotion of officers subject 
to adverse information identified after recommendation for promotion 
and related matters. 
Sec. 506. Number of opportunities for consideration for promotion under alternative 
promotion authority. 
Sec. 507. Mandatory retirement for age. 
Sec. 508. Clarifying and improving restatement of rules on the retired grade of 
commissioned officers. 
Sec. 509. Repeal of authority for original appointment of regular Navy officers des-
ignated for engineering duty, aeronautical engineering duty, and special 
duty. 
Sec. 509A. Permanent programs on direct commissions to cyber positions. 
Sec. 509B. Review of Seaman to Admiral–21 program. 
Subtitle B—Reserve Component Management 
Sec. 511. Temporary authority to order retired members to active duty in high-de-
mand, low-density assignments during war or national emergency. 
Sec. 512. Expansion of Junior Reserve Officers’ Training Corps Program. 
Sec. 513. Grants to support STEM education in the Junior Reserve Officers’ Train-
ing Corps. 
Sec. 514. Permanent suicide prevention and resilience program for the reserve com-
ponents. 
Sec. 515. Modification of education loan repayment program for members of Se-
lected Reserve. 
Sec. 516. Inclusion of drill or training foregone due to emergency travel or duty re-
strictions in computations of entitlement to and amounts of retired pay 
for non-regular service. 
Sec. 517. Quarantine lodging for members of the reserve components who perform 
certain service in response to the COVID–19 emergency. 
Sec. 518. Direct employment pilot program for certain members of the reserve com-
ponents. 
Sec. 519. Pilot programs authorized in connection with SROTC units and CSPI pro-
grams at Historically Black Colleges and Universities and minority in-
stitutions. 
Sec. 519A. Report regarding full-time National Guard duty in response to the 
COVID-19 pandemic. 
Sec. 519B. Study and report on National Guard support to States responding to 
major disasters. 
Sec. 519C. Report on guidance for use of unmanned aircraft systems by the Na-
tional Guard. 
Sec. 519D. Study and report on ROTC recruitment. 
Subtitle C—General Service Authorities and Correction of Military Records 
Sec. 521. Increased access to potential recruits. 
Sec. 522. Sunset and transfer of functions of the Physical Disability Board of Re-
view. 
Sec. 523. Honorary promotion matters. 
Sec. 524. Exclusion of official photographs of members from records furnished to 
promotion selection boards. 
Sec. 525. Report regarding reviews of discharges and dismissals based on sexual 
orientation. 
Subtitle D—Prevention and Response To Sexual Assault, Harassment, and Related 
Misconduct 
Sec. 531. Modification of time required for expedited decisions in connection with 
applications for change of station or unit transfer of members who are 
victims of sexual assault or related offenses. 
Sec. 532. Confidential reporting of sexual harassment. 
Sec. 533. Additional bases for provision of advice by the Defense Advisory Com-
mittee for the Prevention of Sexual Misconduct. 
Sec. 534. Additional matters for 2021 report of the Defense Advisory Committee for 
the Prevention of Sexual Misconduct. 
Sec. 535. Inclusion of advisory duties on the Coast Guard Academy among duties 
of Defense Advisory Committee for the Prevention of Sexual Misconduct. 
Sec. 536. Modification of reporting and data collection on victims of sexual offenses. 
Sec. 537. Modification of annual report regarding sexual assaults involving mem-
bers of the Armed Forces. 
Sec. 538. Coordination of support for survivors of sexual trauma. 
Sec. 539. Policy for military service academies on separation of alleged victims and 
alleged perpetrators in incidents of sexual assault. 
Sec. 539A. Safe-to-report policy applicable across the Armed Forces.
H. R. 6395—173 
Sec. 539B. Accountability of leadership of the Department of Defense for dis-
charging the sexual harassment policies and programs of the Depart-
ment. 
Sec. 539C. Reports on status of investigations of alleged sex-related offenses. 
Sec. 539D. Report on ability of Sexual Assault Response Coordinators and Sexual 
Assault Prevention and Response Victim Advocates to perform duties. 
Sec. 539E. Briefing on Special Victims’ Counsel program. 
Sec. 539F. Briefing on placement of members of the Armed Forces in academic sta-
tus who are victims of sexual assault onto Non-Rated Periods. 
Subtitle E—Military Justice and Other Legal Matters 
Sec. 541. Right to notice of victims of offenses under the Uniform Code of Military 
Justice regarding certain post-trial motions, filings, and hearings. 
Sec. 542. Qualifications of judges and standard of review for Courts of Criminal Ap-
peals. 
Sec. 543. Preservation of court-martial records. 
Sec. 544. Availability of records for National Instant Criminal Background Check 
System. 
Sec. 545. Removal of personally identifying and other information of certain per-
sons from investigative reports, the Department of Defense Central 
Index of Investigations, and other records and databases. 
Sec. 546. Briefing on mental health support for vicarious trauma for certain per-
sonnel in the military justice system. 
Sec. 547. Comptroller General of the United States report on implementation by 
the Armed Forces of recent GAO recommendations and statutory re-
quirements on assessment of racial, ethnic, and gender disparities in the 
military justice system. 
Sec. 548. Legal assistance for veterans and surviving spouses and dependents. 
Sec. 549. Clarification of termination of leases of premises and motor vehicles of 
servicemembers who incur catastrophic injury or illness or die while in 
military service. 
Sec. 549A. Multidisciplinary board to evaluate suicide events. 
Sec. 549B. Improvements to Department of Defense tracking of and response to in-
cidents of child abuse, adult crimes against children, and serious harm-
ful behavior between children and youth involving military dependents 
on military installations. 
Sec. 549C. Independent analysis and recommendations on domestic violence in the 
Armed Forces. 
Subtitle F—Diversity and Inclusion 
Sec. 551.
Diversity and inclusion reporting requirements and related matters. 
Sec. 552. National emergency exception for timing requirements with respect to 
certain surveys of members of the Armed Forces. 
Sec. 553. Questions regarding racism, anti-Semitism, and supremacism in work-
place surveys administered by the Secretary of Defense. 
Sec. 554. Inspector General oversight of diversity and inclusion in Department of 
Defense; supremacist, extremist, or criminal gang activity in the Armed 
Forces. 
Sec. 555. Policy to improve responses to pregnancy and childbirth by certain mem-
bers of the Armed Forces. 
Sec. 556. Training on certain Department of Defense instructions for members of 
the Armed Forces. 
Sec. 557. Evaluation of barriers to minority participation in certain units of the 
Armed Forces. 
Sec. 558. Comptroller General of the United States report on equal opportunity at 
the military service academies. 
Subtitle G—Decorations and Awards 
Sec. 561. Extension of time to review World War I Valor Medals. 
Sec. 562. Authorizations for certain awards. 
Sec. 563. Feasibility study on establishment of service medal for radiation-exposed 
veterans. 
Sec. 564. Expressing support for the designation of Silver Star Service Banner Day. 
Subtitle H—Member Education, Training, Transition, and Resilience 
Sec. 571. Mentorship and career counseling program for officers to improve diver-
sity in military leadership. 
Sec. 572. Expansion of Skillbridge program to include the Coast Guard. 
Sec. 573. Increase in number of permanent professors at the United States Air 
Force Academy. 
Sec. 574. Additional elements with 2021 and 2022 certifications on the Ready, Rel-
evant Learning initiative of the Navy.
H. R. 6395—174 
Sec. 575. Information on nominations and applications for military service acad-
emies. 
Sec. 576. Report on potential improvements to certain military educational institu-
tions of the Department of Defense. 
Sec. 577. College of International Security Affairs of the National Defense Univer-
sity. 
Sec. 578. Improvements to the Credentialing Opportunities On-Line programs of 
the Armed Forces. 
Sec. 579. GAO study regarding transferability of military certifications to civilian 
occupational licenses and certifications. 
Sec. 579A. Report regarding county, Tribal, and local veterans service officers. 
Subtitle I—Military Family Readiness and Dependents’ Education 
Sec. 581. Family readiness: definitions; communication strategy; review; report. 
Sec. 582. Improvements to Exceptional Family Member Program. 
Sec. 583. Support services for members of special operations forces and immediate 
family members. 
Sec. 584. Responsibility for allocation of certain funds for military child develop-
ment programs. 
Sec. 585. Military child care and child development center matters. 
Sec. 586. Expansion of financial assistance under My Career Advancement Account 
program. 
Sec. 587. Improvements to partner criteria of the Military Spouse Employment 
Partnership Program. 
Sec. 588. 24-hour child care. 
Sec. 589. Pilot program to provide financial assistance to members of the Armed 
Forces for in-home child care. 
Sec. 589A. Certain assistance to local educational agencies that benefit dependents 
of military and civilian personnel. 
Sec. 589B. Staffing of Department of Defense Education Activity schools to main-
tain maximum student-to-teacher ratios. 
Sec. 589C. Pilot program to expand eligibility for enrollment at domestic dependent 
elementary and secondary schools. 
Sec. 589D. Pilot program on expanded eligibility for Department of Defense Edu-
cation Activity Virtual High School program. 
Sec. 589E. Training program regarding foreign malign influence campaigns. 
Sec. 589F. Study on cyberexploitation and online deception of members of the 
Armed Forces and their families. 
Sec. 589G. Matters relating to education for military dependent students with spe-
cial needs. 
Sec. 589H. Studies and reports on the performance of the Department of Defense 
Education Activity. 
Subtitle J—Other Matters and Reports 
Sec. 591. Expansion of Department of Defense STARBASE Program. 
Sec. 592. Inclusion of certain outlying areas in the Department of Defense 
STARBASE Program. 
Sec. 593. Postponement of conditional designation of Explosive Ordnance Disposal 
Corps as a basic branch of the Army. 
Sec. 594. Armed Services Vocational Aptitude Battery Test special purpose adjunct 
to address computational thinking. 
Sec. 595. Extension of reporting deadline for the annual report on the assessment 
of the effectiveness of activities of the Federal Voting Assistance Pro-
gram. 
Sec. 596. Plan on performance of funeral honors details by members of other 
Armed Forces when members of the Armed Force of the deceased are 
unavailable. 
Sec. 597. Study on financial impacts of the Coronavirus Disease 2019 on members 
of the Armed Forces and best practices to prevent future financial hard-
ships. 
Sec. 598. Limitation on implementation of Army Combat Fitness Test. 
Sec. 599. Semiannual reports on implementation of recommendations of the Com-
prehensive Review of Special Operations Forces Culture and Ethics. 
Sec. 599A. Report on impact of children of certain Filipino World War II veterans 
on national security, foreign policy, and economic and humanitarian in-
terests of the United States.
H. R. 6395—175 
Subtitle A—Officer Personnel Policy 
SEC. 501. AUTHORIZED STRENGTHS OF GENERAL AND FLAG OFFICERS 
ON ACTIVE DUTY. 
(a) EXCLUSION OF CERTAIN GENERAL AND FLAG OFFICERS OF 
RESERVE COMPONENTS ON ACTIVE DUTY FROM STRENGTH LIMITA-
TIONS.—Section 526a of title 10, United States Code, is amended— 
(1) by redesignating subsections (c) through (h) as sub-
sections (d) through (i), respectively; and 
(2) by inserting after subsection (b) the following new sub-
section (c): 
‘‘(c) EXCLUSION
OF CERTAIN OFFICERS
OF RESERVE COMPO-
NENTS.—The limitations of this section do not apply to the following: 
‘‘(1) A general or flag officer of a reserve component who 
is on active duty— 
‘‘(A) for training; or 
‘‘(B) under a call or order specifying a period of less 
than 180 days. 
‘‘(2)(A) A general or flag officer of a reserve component 
who is authorized by the Secretary of the military department 
concerned to serve on active duty for a period of at least 
180 days and not longer than 365 days. 
‘‘(B) The Secretary of the military department concerned 
may authorize a number, determined under subparagraph (C), 
of officers in the reserve component of each armed force under 
the jurisdiction of that Secretary to serve as described in 
subparagraph (A). 
‘‘(C) Each number described in subparagraph (B) may not 
exceed 10 percent of the number of general or flag officers, 
as the case may be, authorized to serve in the armed force 
concerned under section 12004 of this title. In determining 
a number under this subparagraph, any fraction shall be 
rounded down to the next whole number that is greater than 
zero. 
‘‘(3)(A) A general or flag officer of a reserve component 
who is on active duty for a period longer than 365 days and 
not longer than three years. 
‘‘(B) The number of officers described in subparagraph (A) 
who do not serve in a position that is a joint duty assignment 
for purposes of chapter 38 of this title may not exceed five 
per armed force, unless authorized by the Secretary of 
Defense.’’. 
(b) ALLOCATION OF BILLETS AND POSITIONS AMONG THE ARMED 
FORCES AND FOR JOINT DUTY ASSIGNMENTS.— 
(1) REPORT REQUIRED.—Not later than May 1, 2021, 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 a study, conducted by the Secretary 
for purposes of the report, on the following: 
(A) The allocation among the Armed Forces of billets 
and positions for general and flag officers on active duty. 
(B) The allocation for joint duty assignments of billets 
and positions for general and flag officers on active duty. 
(2) CONSULTATION.—The Secretary of Defense shall carry 
out paragraph (1) in the consultation with the Secretaries of
H. R. 6395—176 
the military departments and the Chairman of the Joint Chiefs 
of Staff. 
(3) ELEMENTS.—The report required by paragraph (1) shall 
include the following: 
(A) A final plan to meet the authorized strengths of 
general and flag officers on active duty after December, 
31, 2022, as required by section 526a of title 10, United 
States Code, which plan shall set forth the intended disposi-
tion of each billet or position for general or flag officer 
in effect as of the date of the enactment of this Act in 
order to meet the objectives of the plan. 
(B) A recommendation by the Secretary of Defense 
as to the appropriate grade level or levels for the billet 
or position of commander of a component command within 
a combatant command. 
(C) A recommendation by the Chairman of the Joint 
Chief of Staff as to whether the billet or position of com-
mander of a component command within a combatant com-
mand should be considered a joint duty assignment for 
purposes of section 526(b) or 526a(b) of title 10, United 
States Code. 
(D) A recommendation by the Secretary of Defense 
as to the allocation of billets and positions for general 
and flag officers on active duty among the Armed Forces 
within the aggregate limitation specified in section 526a(a) 
of title 10, United States Code, including the allocation 
of such billets and positions within the Space Force. 
(E) Such other matters as the Secretary of Defense 
considers appropriate. 
(c) INCREASE IN ARMY AUTHORIZATION FOR GENERAL OFFICERS 
SERVING IN GRADE O–10.— 
(1) INCREASE.—Section 525(a)(1)(A) of title 10, United 
States Code, is amended by striking ‘‘7’’ and inserting ‘‘8’’. 
(2) CONFORMING DECREASE IN STRENGTH LIMITATIONS FOR 
JOINT DUTY REQUIREMENTS.—Section 526(b)(3)(A) of such title 
is amended by striking ‘‘20’’ and inserting ‘‘19’’. 
(3) CONSTRUCTION
OF
DECREASE
AS
APPLYING
TO
GEN-
ERALS.—The reduction in number of positions excluded from 
authorized strength limitations resulting from the amendment 
made by paragraph (2) shall apply to positions in the grade 
of general. 
SEC. 502. TEMPORARY EXPANSION OF AVAILABILITY OF ENHANCED 
CONSTRUCTIVE 
SERVICE 
CREDIT 
IN 
A 
PARTICULAR 
CAREER FIELD UPON ORIGINAL APPOINTMENT AS A 
COMMISSIONED OFFICER. 
(a) REGULAR OFFICERS.—Subparagraph (D) of section 533(b)(1) 
of title 10, United States Code, is amended to read as follows: 
‘‘(D) Additional credit as follows: 
‘‘(i) For special training or experience in a particular 
officer field as designated by the Secretary concerned, if 
such training or experience is directly related to the oper-
ational needs of the armed force concerned. 
‘‘(ii) During fiscal years 2021 through 2025, for 
advanced education in an officer field so designated, if 
such education is directly related to the operational needs 
of the armed force concerned.’’.
H. R. 6395—177 
(b) RESERVE OFFICERS.—Section 12207(b)(1) of such title is 
amended— 
(1) in the matter preceding subparagraph (A), ‘‘or a designa-
tion in’’ and all that follows through ‘‘education or training,’’ 
and inserting ‘‘and who has special training or experience, 
or advanced education (if applicable),’’; and 
(2) by striking subparagraph (D) and inserting the following 
new subparagraph (D): 
‘‘(D) Additional credit as follows: 
‘‘(i) For special training or experience in a particular 
officer field as designated by the Secretary concerned, if 
such training or experience is directly related to the oper-
ational needs of the armed force concerned. 
‘‘(ii) During fiscal years 2021 through 2025, for 
advanced education in an officer field so designated, if 
such education is directly related to the operational needs 
of the armed force concerned.’’. 
(c) ANNUAL REPORT.— 
(1) IN GENERAL.—Not later than February 1, 2022, and 
every four years thereafter, each Secretary of a military depart-
ment shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report on the 
use of the authorities in subparagraph (D) of section 553(b)(1) 
of title 10, United States Code (as amended by subsection 
(a)), and subparagraph (D) of section 12207(b)(1) of such title 
(as amended by subsection (b)) (each referred to in this sub-
section as a ‘‘constructive credit authority’’) during the pre-
ceding fiscal year for the Armed Forces under the jurisdiction 
of such Secretary. 
(2) ELEMENTS.—Each report under paragraph (1) shall 
include, for the fiscal year and Armed Forces covered by such 
report, the following: 
(A) The manner in which constructive service credit 
was calculated under each constructive credit authority. 
(B) The number of officers credited constructive service 
credit under each constructive credit authority. 
(C) A description and assessment of the utility of the 
constructive credit authorities in meeting the operational 
needs of the Armed Force concerned. 
(D) Such other matters in connection with the construc-
tive credit authorities as the Secretary of the military 
department concerned considers appropriate. 
SEC. 503. DIVERSITY IN SELECTION BOARDS. 
(a) REQUIREMENT FOR DIVERSE MEMBERSHIP OF ACTIVE DUTY 
PROMOTION SELECTION BOARDS.— 
(1) OFFICERS.—Section 612(a)(1) of title 10, United States 
Code, is amended by adding at the end the following new 
sentence: ‘‘The members of a selection board shall represent 
the diverse population of the armed force concerned to the 
extent practicable.’’. 
(2) WARRANT OFFICERS.—Section 573(b) of title 10, United 
States Code, is amended by adding at the end the following 
new sentence: ‘‘The members of a selection board shall rep-
resent the diverse population of the armed force concerned 
to the extent practicable.’’.
H. R. 6395—178 
(b) REQUIREMENT
FOR
DIVERSE
MEMBERSHIP
OF
RESERVE 
COMPONENT PROMOTION SELECTION BOARDS.—Section 14102(b) of 
title 10, United States Code, is amended by adding at the end 
the following new sentence: ‘‘The members of a selection board 
shall represent the diverse population of the armed force concerned 
to the extent practicable.’’. 
(c) OTHER SELECTION BOARDS.— 
(1) IN GENERAL.—The Secretary of Defense shall ensure 
that the members of each selection board described in para-
graph (2) represent the diverse population of the Armed Force 
concerned to the extent practicable. 
(2) SELECTION
BOARD
DESCRIBED.—A selection board 
described in this paragraph (1) is any selection board used 
with respect to the promotion, education, or command assign-
ments of members of the Armed Forces that is not covered 
by the amendments made by this section. 
SEC. 504. REQUIREMENT FOR PROMOTION SELECTION BOARD REC-
OMMENDATION OF HIGHER PLACEMENT ON PROMOTION 
LIST OF OFFICERS OF PARTICULAR MERIT. 
(a) IN GENERAL.—Section 616(h) of title 10, United States Code, 
is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘may’’ and inserting ‘‘shall’’; and 
(B) by inserting ‘‘pursuant to guidelines and procedures 
prescribed by the Secretary,’’ after ‘‘officers of particular 
merit,’’; and 
(2) in paragraph (3), by inserting ‘‘, pursuant to guidelines 
and procedures prescribed by the Secretary concerned,’’ after 
‘‘shall recommend’’. 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) shall take effect on the date of the enactment of this Act, 
and shall apply with respect to officers recommended for promotion 
by promotion selection boards convened on or after that date. 
SEC. 505. SPECIAL SELECTION REVIEW BOARDS FOR REVIEW OF PRO-
MOTION OF OFFICERS SUBJECT TO ADVERSE INFORMA-
TION IDENTIFIED AFTER RECOMMENDATION FOR PRO-
MOTION AND RELATED MATTERS. 
(a) REGULAR OFFICERS.— 
(1) IN GENERAL.—Subchapter III of chapter 36 of title 10, 
United States Code, is amended by inserting after section 628 
the following new section: 
‘‘§ 628a. Special selection review boards 
‘‘(a) IN GENERAL.—(1) If the Secretary of the military depart-
ment concerned determines that a person recommended by a pro-
motion board for promotion to a grade at or below the grade of 
major general, rear admiral in the Navy, or an equivalent grade 
in the Space Force is the subject of credible information of an 
adverse nature, including any substantiated adverse finding or 
conclusion described in section 615(a)(3)(A) of this title, that was 
not furnished to the promotion board during its consideration of 
the person for promotion as otherwise required by such section, 
the Secretary shall convene a special selection review board under 
this section to review the person and recommend whether the 
recommendation for promotion of the person should be sustained.
H. R. 6395—179 
‘‘(2) If a person and the recommendation for promotion of the 
person is subject to review under this section by a special selection 
review board convened under this section, the name of the person— 
‘‘(A) shall not be disseminated or publicly released on the 
list of officers recommended for promotion by the promotion 
board recommending the promotion of the person; and 
‘‘(B) shall not be forwarded to the Secretary of Defense, 
the President, or the Senate, as applicable, or included on 
a promotion list under section 624(a) of this title. 
‘‘(b) CONVENING.—(1) Any special selection review board con-
vened under this section shall be convened in accordance with 
the provisions of section 628(f) of this title. 
‘‘(2) Any special selection review board convened under this 
section may review such number of persons, and recommendations 
for promotion of such persons, as the Secretary of the military 
department concerned shall specify in convening such special selec-
tion review board. 
‘‘(c) INFORMATION CONSIDERED.—(1) In reviewing a person and 
recommending whether the recommendation for promotion of the 
person should be sustained under this section, a special selection 
review board convened under this section shall be furnished and 
consider the following: 
‘‘(A) The record and information concerning the person 
furnished in accordance with section 615(a)(2) of this title to 
the promotion board that recommended the person for pro-
motion. 
‘‘(B) Any credible information of an adverse nature on 
the person, including any substantiated adverse finding or 
conclusion from an officially documented investigation or 
inquiry described in section 615(a)(3)(A) of this title. 
‘‘(2) The furnishing of information to a special selection review 
board under paragraph (1)(B) shall be governed by the standards 
and procedures referred to in paragraph (3)(C) of section 615(a) 
of this title applicable to the furnishing of information described 
in paragraph (3)(A) of such section to selection boards in accordance 
with that section. 
‘‘(3)(A) Before information on a person described in paragraph 
(1)(B) is furnished to a special selection review board for purposes 
of this section, the Secretary of the military department concerned 
shall ensure that— 
‘‘(i) such information is made available to the person; and 
‘‘(ii) subject to subparagraphs (C) and (D), the person is 
afforded a reasonable opportunity to submit comments on such 
information to the special selection review board before its 
review of the person and the recommendation for promotion 
of the person under this section. 
‘‘(B) If information on a person described in paragraph (1)(B) 
is not made available to the person as otherwise required by 
subparagraph (A)(i) due to the classification status of such informa-
tion, the person shall, to the maximum extent practicable, be fur-
nished a summary of such information appropriate to the person’s 
authorization for access to classified information. 
‘‘(C)(i) An opportunity to submit comments on information is 
not required for a person under subparagraph (A)(ii) if— 
‘‘(I) such information was made available to the person 
in connection with the furnishing of such information under
H. R. 6395—180 
section 615(a) of this title to the promotion board that rec-
ommended the promotion of the person subject to review under 
this section; and 
‘‘(II) the person submitted comments on such information 
to that promotion board. 
‘‘(ii) The comments on information of a person described in 
clause (i)(II) shall be furnished to the special selection review board. 
‘‘(D) A person may waive either or both of the following: 
‘‘(i) The right to submit comments to a special selection 
review board under subparagraph (A)(ii). 
‘‘(ii) The furnishing of comments to a special selection 
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 information with an 
appropriate sampling of the records of those officers of the same 
competitive category who were recommended for promotion by the 
promotion board that recommended 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 pro-
motion 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. 
‘‘(3) In considering whether the recommendation for promotion 
of a person should be sustained under this section, a special selec-
tion 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 selection 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 recommended for promotion by the pro-
motion board concerned; and 
‘‘(B) is comparable in qualification for promotion to those 
sample officers who were recommended for promotion by that 
promotion board. 
‘‘(5) A recommendation for promotion of a person may be sus-
tained 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 section, the 
person shall be considered to have failed of selection for promotion. 
‘‘(e) REPORTS.—(1) Each special selection review board convened 
under this section shall submit to the Secretary of the military 
department concerned a written report, signed by each member 
of the board, containing the name of each person whose rec-
ommendation 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 617(b) and 618 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
H. R. 6395—181 
apply to the report and proceedings of a promotion board convened 
under section 611(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 subsections (b) and (c) of section 624 of this 
title. 
‘‘(2) A person who is appointed to the next higher grade as 
described in paragraph (1) shall, upon that appointment, have 
the same date of rank, the same effective date for the pay and 
allowances of that grade, and the same position on the active- 
duty list as the person would have had pursuant to the original 
recommendation for promotion 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 departments. 
‘‘(2) Any regulation prescribed by the Secretary of a military 
department to supplement the regulations prescribed pursuant to 
paragraph (1) may not take effect without the approval of the 
Secretary of Defense, in writing. 
‘‘(h) PROMOTION BOARD DEFINED.—In this section, the term 
‘promotion board ’means a selection board convened by the Secretary 
of a military department under section 611(a) of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of subchapter III of chapter 36 of such title is 
amended by inserting after the item relating to section 628 
the following new item: 
‘‘628a. Special selection review boards.’’. 
(3) DELAY IN PROMOTION.—Section 624(d) of such title is 
amended— 
(A) in paragraph (1)— 
(i) in subparagraph (D), by striking ‘‘or’’ at the 
end; 
(ii) in subparagraph (E), by striking the period 
at the end and inserting ‘‘; or’’; and 
(iii) by inserting after subparagraph (E) the fol-
lowing new subparagraph (F): 
‘‘(F) the Secretary of the military department concerned 
determines that credible information of an adverse nature, 
including a substantiated adverse finding or conclusion 
described in section 615(a)(3)(A) of this title, with respect to 
the officer will result in the convening of a special selection 
review board under section 628a of this title to review the 
officer and recommend whether the recommendation for pro-
motion of the officer should be sustained.’’; 
(B) by redesignating paragraphs (3) and (4) as para-
graphs (4) and (5), respectively; 
(C) by inserting after paragraph (2) the following new 
paragraph (3): 
‘‘(3) In the case of an officer whose promotion is delayed pursu-
ant to paragraph (1)(F) and whose recommendation for promotion 
is sustained, authorities for the promotion of the officer are specified 
in section 628a(f) of this title.’’; and
H. R. 6395—182 
(D) in paragraph (4), as redesignated by subparagraph 
(B)— 
(i) by striking ‘‘The appointment’’ and inserting 
‘‘(A) Except as provided in subparagraph (B), the 
appointment’’; and 
(ii) by adding at the end the following new 
subparagraph: 
‘‘(B) In the case of an officer whose promotion is delayed pursu-
ant to paragraph (1)(F), requirements applicable to notice and 
opportunity for response to such delay are specified in section 
628a(c)(3) of this title.’’. 
(b) RESERVE OFFICERS.— 
(1) IN GENERAL.—Chapter 1407 of title 10, United States 
Code, is amended by inserting after section 14502 the following 
new section: 
‘‘§ 14502a. Special selection review boards 
‘‘(a) IN GENERAL.—(1) If the Secretary of the military depart-
ment concerned determines that a person recommended by a pro-
motion board for promotion to a grade at or below the grade of 
major general or rear admiral in the Navy is the subject of credible 
information of an adverse nature, including any substantiated 
adverse finding or conclusion described in section 14107(a)(3)(A) 
of this title, that was not furnished to the promotion board during 
its consideration of the person for promotion as otherwise required 
by such section, the Secretary shall convene a special selection 
review board under this section to review the person and rec-
ommend whether the recommendation for promotion of the person 
should be sustained. 
‘‘(2) If a person and the recommendation for promotion of the 
person is subject to review under this section by a special selection 
review board convened under this section, the name of the person— 
‘‘(A) shall not be disseminated or publicly released on the 
list of officers recommended for promotion by the promotion 
board recommending the promotion of the person; and 
‘‘(B) shall not be forwarded to the Secretary of Defense, 
the President, or the Senate, as applicable, or included on 
a promotion list under section 14308(a) of this title. 
‘‘(b) CONVENING.—(1) Any special selection review board con-
vened under this section shall be convened in accordance with 
the provisions of section 14502(b)(2) of this title. 
‘‘(2) Any special selection review board convened under this 
section may review such number of persons, and recommendations 
for promotion of such persons, as the Secretary of the military 
department concerned shall specify in convening such special selec-
tion review board. 
‘‘(c) INFORMATION CONSIDERED.—(1) In reviewing a person and 
recommending whether the recommendation for promotion of the 
person should be sustained under this section, a special selection 
review board convened under this section shall be furnished and 
consider the following: 
‘‘(A) The record and information concerning the person 
furnished in accordance with section 14107(a)(2) of this title 
to the promotion board that recommended the person for pro-
motion. 
‘‘(B) Any credible information of an adverse nature on 
the person, including any substantiated adverse finding or
H. R. 6395—183 
conclusion from an officially documented investigation or 
inquiry described in section 14107(a)(3)(A) of this title. 
‘‘(2) The furnishing of information to a special selection review 
board under paragraph (1)(B) shall be governed by the standards 
and procedures referred to in paragraph (3)(B) of section 14107(a) 
of this title applicable to the furnishing of information described 
in paragraph (3)(A) of such section to promotion boards in accord-
ance with that section. 
‘‘(3)(A) Before information on person described in paragraph 
(1)(B) is furnished to a special selection review board for purposes 
of this section, the Secretary of the military department concerned 
shall ensure that— 
‘‘(i) such information is made available to the person; and 
‘‘(ii) subject to subparagraphs (C) and (D), the person is 
afforded a reasonable opportunity to submit comments on such 
information to the special selection review board before its 
review of the person and the recommendation for promotion 
of the person under this section. 
‘‘(B) If information on an officer described in paragraph (1)(B) 
is not made available to the person as otherwise required by 
subparagraph (A)(i) due to the classification status of such informa-
tion, the person shall, to the maximum extent practicable, be fur-
nished a summary of such information appropriate to the person’s 
authorization for access to classified information. 
‘‘(C)(i) An opportunity to submit comments on information is 
not required for a person under subparagraph (A)(ii) if— 
‘‘(I) such information was made available to the person 
in connection with the furnishing of such information under 
section 14107(a) of this title to the promotion board that rec-
ommended the promotion of the person subject to review under 
this section; and 
‘‘(II) the person submitted comments on such information 
to that promotion board. 
‘‘(ii) The comments on information of a person described in 
clause (i)(II) shall be furnished to the special selection review board. 
‘‘(D) A person may waive either or both of the following: 
‘‘(i) The right to submit comments to a special selection 
review board under subparagraph (A)(ii). 
‘‘(ii) The furnishing of comments to a special selection 
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 information with an 
appropriate sampling of the records of those officers of the same 
competitive category who were recommended for promotion by the 
promotion board that recommended 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 pro-
motion 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. 
‘‘(3) In considering whether the recommendation for promotion 
of a person should be sustained under this section, a special selec-
tion review board shall, to the greatest extent practicable, apply
H. R. 6395—184 
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 selection 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 recommended for promotion by the pro-
motion board concerned; and 
‘‘(B) is comparable in qualification for promotion to those 
sample officers who were recommended for promotion by that 
promotion board. 
‘‘(5) A recommendation for promotion of a person may be sus-
tained 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 section, the 
person shall be considered to have failed of selection for promotion. 
‘‘(e) REPORTS.—(1) Each special selection review board convened 
under this section shall submit to the Secretary of the military 
department concerned a written report, signed by each member 
of the board, containing the name of each person whose rec-
ommendation 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 proceedings 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 appointment, have 
the same date of rank, the same effective 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 promotion of the promotion board con-
cerned. 
‘‘(g) REGULATIONS.—(1) The Secretary of Defense shall prescribe 
regulations to carry out this section. Such regulations shall apply 
uniformly across the military departments. 
‘‘(2) Any regulation prescribed by the Secretary of a military 
department to supplement the regulations prescribed pursuant to 
paragraph (1) may not take effect without the approval of the 
Secretary of Defense, in writing. 
‘‘(h) PROMOTION BOARD DEFINED.—In this section, the term 
‘promotion board ’means a selection board convened by the Secretary 
of a military department under section 14101(a) of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sections at the 
beginning of chapter 1407 of such title is amended by inserting
H. R. 6395—185 
after the item relating to section 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: 
‘‘(F) The Secretary of the military department concerned 
determines that credible information of adverse nature, 
including a substantiated adverse finding 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 para-
graph: 
‘‘(3) In the case of an officer whose promotion is delayed pursu-
ant to paragraph (1)(F) and whose recommendation 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 section 14502a(c)(3) of this 
title.’’. 
(c) REQUIREMENTS FOR FURNISHING ADVERSE INFORMATION ON 
REGULAR OFFICERS TO PROMOTION SELECTION 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 equiva-
lent 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 Authorization Act for Fiscal Year 2020 (Public Law 
116–92; 133 Stat. 1344) is amended to read as follows: 
‘‘(c) EFFECTIVE DATE AND APPLICABILITY.— 
‘‘(1) EFFECTIVE DATE.—The amendments made by this sec-
tion shall take effect on December 20, 2019, and shall, except 
as provided in paragraph (2), apply with respect to the pro-
ceedings of promotion selection boards convened under section 
611(a) of title 10, United States Code, after that date.
H. R. 6395—186 
‘‘(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 selection 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 INFORMATION ON 
RESERVE OFFICERS
TO PROMOTION SELECTION BOARDS.—Section 
14107(a)(3) of title 10, United States Code, is amended— 
(1) by inserting ‘‘(A)’’ after ‘‘(3)’’; 
(2) in subparagraph (A), as designated by paragraph (1), 
by striking ‘‘colonel, or, in the case of the Navy, captain’’ and 
inserting ‘‘lieutenant colonel, or, in the case of the Navy, com-
mander’’; and 
(3) by adding at the end the following new subparagraphs 
‘‘(B) The standards and procedures referred to in subparagraph 
(A) shall require the furnishing to the selection board, and to 
each individual member of the board, the information 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.’’. 
SEC. 506. NUMBER OF OPPORTUNITIES FOR CONSIDERATION FOR PRO-
MOTION UNDER ALTERNATIVE PROMOTION AUTHORITY. 
Section 649c 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 sub-
section (d): 
‘‘(d) 
INAPPLICABILITY
OF
REQUIREMENT
RELATING
TO 
OPPORTUNITIES
FOR
CONSIDERATION
FOR
PROMOTION.—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 incon-
sistent with a number of opportunities for promotion specified 
pursuant to section 649d of this title.’’. 
SEC. 507. MANDATORY RETIREMENT FOR AGE. 
(a) GENERAL RULE.—Subsection (a) of section 1251 of title 
10, United States Code, is amended— 
(1) by striking ‘‘or Marine Corps,’’ and inserting ‘‘Marine 
Corps, or Space Force’’; and 
(2) by inserting ‘‘or separated, as specified in subsection 
(e),’’ after ‘‘shall be retired’’. 
(b) DEFERRED RETIREMENT OR SEPARATION OF HEALTH PROFES-
SIONS OFFICERS.—Subsection (b) of such section is amended— 
(1) in the subsection heading, by inserting ‘‘OR SEPARATION’’ 
after ‘‘RETIREMENT’’; and 
(2) in paragraph (1), by inserting ‘‘or separation’’ after 
‘‘retirement’’.
H. R. 6395—187 
(c) DEFERRED RETIREMENT
OR SEPARATION
OF OTHER OFFI-
CERS.—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 ‘‘retirement’’; 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 CRED-
ITABLE SERVICE.—Such section is further amended by adding at 
the end the following new subsection: 
‘‘(e) RETIREMENT OR SEPARATION BASED ON YEARS OF CRED-
ITABLE SERVICE.—(1) The following rules shall apply to a regular 
commissioned officer who is to be retired or separated under sub-
section (a): 
‘‘(A) If the officer has at least 6 but fewer than 20 years 
of creditable service, the officer shall be separated, with separa-
tion pay computed under section 1174(d)(1) of this title. 
‘‘(B) If the officer has fewer than 6 years of creditable 
service, the officer shall be separated under subsection (a). 
‘‘(2) Notwithstanding paragraph (1), in the case of a regular 
commissioned officer who was added to the retired list before the 
date of the enactment of the William M. (Mac) Thornberry National 
Defense Authorization Act for Fiscal Year 2021, the officer shall 
be retired, with retired pay computed under section 1401 of this 
title.’’. 
SEC. 508. CLARIFYING AND IMPROVING RESTATEMENT OF RULES ON 
THE RETIRED GRADE OF COMMISSIONED 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 SATIS-
FACTORILY.— 
‘‘(1) IN GENERAL.—Unless entitled to a different retired 
grade under some other provision of law, a commissioned officer 
(other than a commissioned warrant officer) of the Army, Navy, 
Air Force, Marine Corps, or Space Force who retires under 
any provision 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 active duty satisfac-
torily. 
‘‘(2) DETERMINATION OF SATISFACTORY SERVICE.—The deter-
mination of satisfactory service of an officer in a grade under 
paragraph (1) shall be made as follows: 
‘‘(A) By the Secretary of the military department con-
cerned, 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 officer 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.
H. R. 6395—188 
‘‘(3) EFFECT OF MISCONDUCT IN LOWER GRADE IN DETER-
MINATION.—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 provided 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 retire-
ment grade of the officer under this section; and 
‘‘(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 RESERVE OFFICERS 
AND
OFFICERS
IN
TEMPORARY
GRADES.—A reserve officer, or 
an officer appointed to a position under section 601 of this 
title, who is notified 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 considered for purposes 
of this section to have been retired involuntarily. 
‘‘(5) NATURE OF RETIREMENT OF CERTAIN REMOVED OFFI-
CERS.—An officer retired pursuant to section 1186(b)(1) of this 
title is considered for purposes of this section to have been 
retired voluntarily. 
‘‘(b) RETIREMENT OF OFFICERS RETIRING VOLUNTARILY.— 
‘‘(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 equiva-
lent grade in the Space Force, a commissioned officer of the 
Army, 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 authority of the Sec-
retary of Defense in subparagraph (A) of paragraph (1) may 
not be delegated. The authority of the Secretary of a military 
department in subparagraph (B) of paragraph (1), as delegated 
to such Secretary pursuant to such subparagraph, may not 
be further delegated. 
‘‘(3) WAIVER OF REQUIREMENT.—Subject to subsection (c), 
the President may waive the application of the service-in-grade 
requirement in paragraph (1) to officers covered by that para-
graph in individual cases involving extreme hardship or excep-
tional 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
MIS-
CONDUCT.—In the case of an officer to be retired in a grade
H. R. 6395—189 
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 investiga-
tion for alleged misconduct or while there is pending the dis-
position of an adverse personnel action against the officer. 
‘‘(5) GRADE AND FISCAL YEAR LIMITATIONS ON REDUCTION 
OR WAIVER OF REQUIREMENTS.—The aggregate number of mem-
bers of an armed force in a grade for whom reductions are 
made under paragraph (1), and waivers are made under para-
graph (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 in the Space Force, the number equal 
to two percent 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 officers 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 officer to be retired in a grade 
that is a general or flag officer grade, or an equivalent grade 
in the Space 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 para-
graph, or the authority in paragraph (3) to waive that require-
ment, 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 retired 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 subsection shall, subject to subsection (c), be retired in 
the next lower grade in which the officer served on active 
duty satisfactorily, as determined by the Secretary of the mili-
tary department concerned or the Secretary of Defense, as 
applicable.
H. R. 6395—190 
‘‘(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 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 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 Representatives 
that the officer served on active duty satisfactorily in such 
grade. 
‘‘(2) PROHIBITION ON DELEGATION.—The authority of the 
Secretary of Defense to make a certification with respect to 
an officer under paragraph (1) may not be delegated. 
‘‘(3) REQUIREMENTS IN CONNECTION WITH CERTIFICATION.— 
A certification with respect to an officer under paragraph (1) 
shall— 
‘‘(A) be submitted by the Secretary of Defense such 
that it is received by the President and the Committees 
on Armed Services of the Senate and the House of Rep-
resentatives 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 military biog-
raphy 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 subsection (b)(6) is satisfied if the notification is included 
in the certification submitted by the Secretary of Defense under 
paragraph (1). 
‘‘(d) CONDITIONAL RETIREMENT GRADE AND RETIREMENT FOR 
OFFICERS PENDING INVESTIGATION OR ADVERSE 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 pending the disposition of an adverse personnel 
action at 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 investigation 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 investigation for alleged 
misconduct or pending the disposition of an adverse personnel 
action at the time of retirement, the Secretary of Defense 
may—
H. R. 6395—191 
‘‘(A) conditionally determine the highest permanent 
grade of satisfactory service on active duty of the officer, 
pending completion of the investigation 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 REQUIRE-
MENT PROHIBITED FOR GENERAL, FLAG, AND EQUIVALENT OFFICER 
GRADES.—In conditionally determining the retirement grade 
of an officer under paragraph (1)(A) or (2)(A) of this subsection 
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 authority of the 
Secretary of a military department under paragraph (1) may 
not be delegated. The authority of the Secretary of Defense 
under paragraph (2) may not be delegated. 
‘‘(e) FINAL RETIREMENT GRADE FOLLOWING RESOLUTION
OF 
PENDING INVESTIGATION OR ADVERSE ACTION.— 
‘‘(1) NO CHANGE FROM CONDITIONAL RETIREMENT GRADE.— 
If the resolution of an investigation or personnel action with 
respect to an officer who has been retired in a conditional 
retirement grade pursuant to subsection (d) results in a deter-
mination that the conditional retirement grade in which the 
officer was retired will not be changed, the conditional retire-
ment grade of the officer shall, subject to paragraph (3), be 
the final retired grade of the officer. 
‘‘(2) CHANGE
FROM
CONDITIONAL
RETIREMENT
GRADE.—If 
the resolution of an investigation or personnel action with 
respect to an officer who has been retired in a conditional 
retirement grade pursuant to subsection (d) results in a deter-
mination that the conditional retirement grade in which the 
officer was retired 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 lieuten-
ant 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 officer under chapter 71 of this title shall be 
recalculated 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 officer results in an increase in 
retired pay, the officer shall be paid the amount by which 
such increased retired pay exceeded the amount of retired 
pay paid the officer for retirement in the officer’s condi-
tional grade during the period beginning on the date of
H. R. 6395—192 
the retirement of the officer 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 deter-
mined 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 officer 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 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 DETERMINATIONS.— 
‘‘(1) IN GENERAL.—Except for a conditional determination 
authorized by subsection (d), a determination 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 determination of a dif-
ferent retired grade under this section if known by com-
petent authority at the time of retirement. 
‘‘(C) If a mistake of law or calculation was made in 
the determination of the retired grade. 
‘‘(D) If the applicable Secretary determines, pursuant 
to regulations prescribed by the Secretary of Defense, that 
good cause exists to reopen the determination of retired 
grade. 
‘‘(3) APPLICABLE
SECRETARY.—For purposes of this sub-
section, the applicable Secretary for purposes of a determination 
or action specified in this subsection is— 
‘‘(A) the Secretary of the military department con-
cerned, 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 determination of 
the retired grade of an officer is reopened in accordance with 
paragraph (2), the applicable Secretary— 
‘‘(A) shall notify the officer of the reopening; and
H. R. 6395—193 
‘‘(B) may not make an adverse determination on the 
retired grade of the officer until the officer has had a 
reasonable opportunity to respond 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 notify 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 retired 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 accordance with subsections (a) and (b)— 
‘‘(i) by the Secretary of Defense (who may delegate 
such authority only as authorized by clause (ii)); or 
‘‘(ii) if authorized by the Secretary of Defense, by 
the Secretary of the military department 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 provided in paragraph (6)(B) shall 
not be entitled or subject to a change in retired pay for any 
period before 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-regular 
service 
‘‘(a) RETIREMENT IN HIGHEST GRADE HELD SATISFACTORILY.— 
Unless entitled to a different grade, or to credit 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,
H. R. 6395—194 
be credited with satisfactory 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 satisfactory service in 
an officer grade (other than a warrant officer grade) below the 
grade of lieutenant colonel or commander (in the case of the Navy), 
a person covered by subsection (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 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 three years. 
‘‘(2) SATISFACTION OF REQUIREMENT BY CERTAIN 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, notwith-
standing failure of the person to complete three years of service 
in that grade, if the person is transferred from an active status 
or discharged as a reserve commissioned officer— 
‘‘(A) solely due to the requirements of a nondis-
cretionary provision of law requiring that transfer or dis-
charge due to the person’s age or years of service; or 
‘‘(B) because the person no longer meets the qualifica-
tions for membership in the Ready Reserve solely because 
of a physical disability, as determined in accordance with 
chapter 61 of this title, and at the time of such transfer 
or discharge the person (pursuant to section 12731b of 
this title or otherwise) meets the service requirements 
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 REQUIREMENTS.— 
‘‘(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 Secretary of a military department to reduce, subject 
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 commis-
sioned 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
H. R. 6395—195 
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
OFFICERS 
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 person who, upon transfer to the Retired Reserve or 
discharge, is to be credited with satisfactory service in 
a general or flag officer grade under that paragraph. The 
authority of the Secretary of Defense under this subpara-
graph may not be delegated. 
‘‘(D) NOTICE TO CONGRESS ON REDUCTION IN SERVICE- 
IN-GRADE REQUIREMENTS FOR GENERAL 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 requirement 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
INVOLUN-
TARILY TRANSFERRED FROM ACTIVE STATUS.—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 grade, is involuntarily transferred (other than for cause) 
from active status may be credited with satisfactory 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 position 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, 
notwithstanding 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 military department concerned, a person 
who, after having been recommended for promotion in a report 
of a promotion board but before being promoted to the rec-
ommended 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
H. R. 6395—196 
for which the person served in that position while in the next 
lower grade. The period credited may not include any period 
before the date on which the Senate provides advice and consent 
for the appointment of that person in the recommended grade. 
‘‘(7) OFFICERS
QUALIFIED
FOR
FEDERAL
RECOGNITION 
SERVING
IN
CERTAIN
GRADE
BEFORE
APPOINTMENT.—To the 
extent authorized by the Secretary of the military department 
concerned, a person who, after having been found qualified 
for Federal recognition in a higher grade by a board under 
section 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 
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
REQUIREMENTS.—A person 
whose length of service in the highest grade held does not 
meet the service-in-grade requirements specified in this sub-
section shall be credited 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 section in the 
Army, Navy, Air Force, or Marine Corps who is serving or 
has served in a position of importance and responsibility des-
ignated by the President to carry the grade of lieutenant general 
or general in the Army, Air Force, or Marine Corps, or vice 
admiral 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 Presi-
dent and the Committees on Armed Services of the Senate 
and the House of Representatives that the officer served satis-
factorily in such grade. 
‘‘(2) PROHIBITION ON DELEGATION.—The authority of the 
Secretary of Defense to make a certification with respect to 
an officer under paragraph (1) may not be delegated. 
‘‘(3) REQUIREMENTS IN CONNECTION WITH CERTIFICATION.— 
A certification with respect to an officer under paragraph (1) 
shall— 
‘‘(A) be submitted by the Secretary of Defense such 
that it is received by the President and the Committees 
on Armed Services of the Senate and the House of Rep-
resentatives 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 military biog-
raphy 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 eligible to be credited 
with service in a grade only by reason of the exercise of the