336 
is issued under subsection (a), the chiefs of the covered 
Armed Forces shall implement the guidance. 
(c) PROGRESS REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense commit-
tees a report on the progress of the Secretary in imple-
menting the guidance required under subsection (a). 
(d) COVERED ARMED FORCES DEFINED.—In this sec-
tion, the term ‘‘covered Armed Forces’’ means the Army, 
Navy, Air Force, Marine Corps, and Space Force. 
Subtitle E—Sexual Assault 
SEC. 541. PROTECTION OF ATTORNEY-CLIENT PRIVILEGE 
BETWEEN VICTIMS AND SPECIAL VICTIMS’ 
COUNSEL. 
(a) SPECIAL VICTIMS’ COUNSEL.—Subsection (c) of 
section 1044e of title 10, United States Code, is amended 
to read as follows: 
‘‘(c) NATURE OF RELATIONSHIP.— 
‘‘(1) ATTORNEY-CLIENT RELATIONSHIP.—The re-
lationship between a Special Victims’ Counsel and a 
victim in the provision of legal advice and assistance 
shall be the relationship between an attorney and cli-
ent. 
‘‘(2) TESTIMONY IN LEGAL PROCEEDINGS.—Dur-
ing any criminal legal proceeding in which a Special 
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Victims’ Counsel is asked to testify or give evidence, 
the Special Victims’ Counsel shall be given the same 
consideration as counsel for the Government and 
counsel for the accused.’’. 
(b) REVISION TO MILITARY RULES OF EVIDENCE.— 
Not later than 180 days after the date of the enactment of 
this Act, Rule 502 of the Military Rules of Evidence shall 
be modified to provide that the privilege between a Special 
Victims’ Counsel and a client shall be the same as lawyer- 
client privilege. 
SEC. 542. AUTHORITY OF MILITARY JUDGES AND MILITARY 
MAGISTRATES TO ISSUE MILITARY COURT 
PROTECTIVE ORDERS. 
(a) JUDGE-ISSUED MILITARY COURT PROTECTIVE OR-
DERS.—Chapter 80 of title 10, United Stated Code, is 
amended by adding at the end the following new section 
‘‘§ 1567b. Authority of military judges and military 
magistrates to issue military court protec-
tive orders 
‘‘(a) AUTHORITY TO ISSUE MILITARY COURT PROTEC-
TIVE ORDERS.—The President shall prescribe regulations 
authorizing military judges and military magistrates to 
issue protective orders in accordance with this section. A 
protective order issued in accordance with this section shall 
be known as a ‘military court protective order’. Under the 
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regulations prescribed by the President, military judges and 
military magistrates shall have exclusive jurisdiction over 
the issuance, appeal, renewal, and termination of military 
court protective orders and such orders may not be issued, 
appealed, renewed, or terminated by State, local, territorial, 
or tribal courts. 
‘‘(b) ENFORCEMENT BY CIVILIAN AUTHORITIES.— 
‘‘(1) IN
GENERAL.—In prescribing regulations 
for military court protective orders, the President 
shall seek to ensure that the protective orders are 
issued in a form and manner that is enforceable by 
State, local, territorial, and tribal civilian law en-
forcement authorities. 
‘‘(2) FULL FAITH AND CREDIT.—Any military 
court protective order, should be accorded full faith 
and credit by the court of a State, local, territorial, 
or tribal jurisdiction (the enforcing jurisdiction) and 
enforced by the court and law enforcement personnel 
of that jurisdiction as if it were the order of the en-
forcing jurisdiction. 
‘‘(3) 
RECIPROCITY
AGREEMENTS.—Consistent 
with paragraphs (1) and (2), the Secretary of Defense 
shall seek to enter into reciprocity agreements with 
State, local, territorial, and tribal civilian law en-
forcement authorities under which— 
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‘‘(A) such authorities agree to enforce mili-
tary court protective orders; and 
‘‘(B) the Secretary agrees to enforce protec-
tive orders issued by such authorities that are 
consistent with section 2265(b) of title 18. 
‘‘(c) PURPOSE AND FORM OF ISSUANCE.—A military 
court protective order may be issued for the purpose of pro-
tecting a victim of an alleged sex or domestic violence of-
fense, or a family member or associate of the victim, from 
a person subject to chapter 47 of this title (the Uniform 
Code of Military Justice) who is alleged to have committed 
such an offense. 
‘‘(d) TIMING AND MANNER OF ISSUANCE.—A military 
court protective order may be issued— 
‘‘(1) by a military magistrate, before referral of 
charges and specifications to court-martial for trial, 
at the request of— 
‘‘(A) a victim of an alleged sex or domestic 
violence offense; or 
‘‘(B) a Special Victims’ Counsel or other 
qualified counsel acting on behalf of the victim; 
or 
‘‘(2) by a military judge, after referral of charges 
and specifications to court-martial for trial, at the re-
quest of qualified counsel, which may include a Spe-
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cial Victims’ Counsel acting on behalf of the victim 
or trial counsel acting on behalf of the prosecution. 
‘‘(e) DURATION
AND
RENEWAL
OF
PROTECTIVE 
ORDER.— 
‘‘(1) DURATION.—A military court protective 
order shall be issued for an initial period of thirty 
days and may be reissued for one or more additional 
periods of thirty days in accordance with paragraph 
(2). 
‘‘(2) EXPIRATION AND RENEWAL.—Before the ex-
piration of any 30 day period during which a mili-
tary court protective order is in effect, a military 
judge or military magistrate shall review the order to 
determine whether the order will terminate at the ex-
piration of such period or be reissued for an addi-
tional period of 30 days. 
‘‘(3) NOTICE
TO
PROTECTED
PERSONS.—If a 
military judge or military magistrate determines 
under paragraph (2) that a military court protective 
order will terminate, the judge or magistrate con-
cerned shall provide to each person protected by the 
order reasonable, timely, and accurate notification of 
the termination. 
‘‘(f) REVIEW OF MAGISTRATE-ISSUED ORDERS.— 
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‘‘(1) REVIEW.—A military judge, at the request 
of the person subject to a military court protective 
order that was issued by a military magistrate, may 
review the order to determine if the order was prop-
erly issued by the magistrate. 
‘‘(2) STANDARDS OF REVIEW.—A military judge 
who reviews an order under paragraph (1) shall ter-
minate the order if the judge determines that— 
‘‘(A) the military magistrate’s decision to 
issue the order was an abuse of discretion, and 
there is not sufficient information presented to 
the military judge to justify the order; or 
‘‘(B) information not presented to the mili-
tary magistrate establishes that the military 
court protective order should be terminated. 
‘‘(g) DUE PROCESS.— 
‘‘(1) PROTECTION OF DUE PROCESS.—Except as 
provided in paragraph (2), a protective order author-
ized under subsection (a) may be issued only after 
reasonable notice and opportunity to be heard, di-
rectly or through counsel, is given to the person 
against whom the order is sought sufficient to protect 
that person’s right to due process. 
‘‘(2) EMERGENCY ORDERS.—A protective order 
on an emergency basis may be issued on an ex parte 
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basis under such rules and limitations as the Presi-
dent shall prescribe. In the case of ex parte orders, no-
tice and opportunity to be heard must be provided 
within a reasonable time after the order is issued, suf-
ficient to protect the respondent’s due process rights. 
‘‘(h) RIGHTS OF VICTIM.—The victim of an alleged sex 
or domestic violence offense who seeks a military court pro-
tective order has, in addition to any rights provided under 
section 806b (article 6b), the following rights with respect 
to any proceeding involving the protective order: 
‘‘(1) The right to reasonable, accurate, and time-
ly notice of the proceeding and of any change in the 
status of the protective order resulting from the pro-
ceeding. 
‘‘(2) The right to be reasonably heard at the pro-
ceeding. 
‘‘(3) The right to appear in person, with or 
without counsel, at the proceeding. 
‘‘(4) The right be represented by qualified coun-
sel in connection with the proceeding, which may in-
clude a Special Victims’ Counsel. 
‘‘(5) The reasonable right to confer with a rep-
resentative of the command of the accused and counsel 
representing the government at the proceeding, as ap-
plicable. 
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‘‘(6) The right to submit a written statement, di-
rectly or through counsel, for consideration by the 
military judge or military magistrate presiding over 
the proceeding. 
‘‘(i) RESTRICTIONS ON ACCESS TO FIREARMS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law— 
‘‘(A) a military court protective order 
issued on an ex parte basis shall restrain a per-
son from possessing, receiving, or otherwise ac-
cessing a firearm; and 
‘‘(B) a military court protective order 
issued after the person to be subject to the order 
has received notice and opportunity to be heard 
on the order, shall restrain such person from pos-
sessing, receiving, or otherwise accessing a fire-
arm in accordance with section 922 of title 18. 
‘‘(2) NOTICE TO ATTORNEY GENERAL.—Not later 
than 72 hours after the issuance of an order described 
in paragraph (1), the Secretary of Defense shall sub-
mit to the Attorney General a record of the order. 
‘‘(j) TREATMENT
AS LAWFUL ORDER.—A military 
court protective order shall be treated as a lawful order for 
purposes of the application of section 892 (article 92) and 
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a violation of such an order shall be punishable under such 
section (article). 
‘‘(k) COMMAND MATTERS.— 
‘‘(1) INCLUSION IN PERSONNEL FILE.—Any mili-
tary court protective order against a member shall be 
placed and retained in the military personnel file of 
the member. 
‘‘(2) NOTICE TO CIVILIAN LAW ENFORCEMENT OF 
ISSUANCE.—Any military court protective order 
against a member shall be treated as a military pro-
tective order for purposes of section 1567a including 
for purposes of mandatory notification of issuance to 
civilian law enforcement as required by that section. 
‘‘(l) RELATIONSHIP TO OTHER AUTHORITIES.—Noth-
ing in this section may be construed as prohibiting— 
‘‘(1) a commanding officer from issuing or en-
forcing any otherwise lawful order in the nature of a 
protective order to or against members of the officer’s 
command; 
‘‘(2) pretrial restraint in accordance with Rule 
for Courts-Martial 304 (as set forth in the Manual for 
Courts-Martial, 2019 edition, or any successor rule); 
or 
‘‘(3) pretrial confinement in accordance with 
Rule for Courts-Martial 305 (as set forth in the Man-
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ual for Courts-Martial, 2019 edition, or any successor 
rule) 
‘‘(m) DELIVERY TO CERTAIN PERSONS.—A physical 
and electronic copy of any military court protective order 
shall be provided, as soon as practicable after issuance, to 
the following: 
‘‘(1) The person or persons protected by the pro-
tective order or to the guardian of such a person if 
such person is under the age of 18 years. 
‘‘(2) The person subject to the protective order. 
‘‘(3) To such commanding officer in the chain of 
command of the person subject to the protective order 
as the President shall prescribe for purposes of this 
section. 
‘‘(n) DEFINITIONS.—In this section: 
‘‘(1) CONTACT.—The term ‘contact’ includes con-
tact in person or through a third party, or through 
gifts, 
‘‘(2) COMMUNICATION.—The term ‘communica-
tion’ includes communication in person or through a 
third party, and by telephone or in writing by letter, 
data fax, or other electronic means. 
‘‘(3) COVERED SEX OR DOMESTIC VIOLENCE OF-
FENSE.—The term ‘covered sex or domestic violence 
offense’ means— 
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‘‘(A) an alleged sex-related offense (as de-
fined in section 1044e(h)); or 
‘‘(B) an alleged offense of domestic violence 
under section 928b of this title (article 128b of 
the Uniform Code of Military Justice) or an at-
tempt to commit such an offense that is punish-
able under section 880 of this title (article 80 of 
the Uniform Code of Military Justice). 
‘‘(4) MILITARY
JUDGE
AND
MILITARY
MAG-
ISTRATE.—The terms ‘military judge’ and ‘military 
magistrate’ mean a commissioned officer of the armed 
forces who is a member of the bar of a Federal court 
or a member of the bar of the highest court of a State 
and who is certified to be qualified, by reason of edu-
cation, training, experience, and judicial tempera-
ment, for duty as a military judge or magistrate by 
the Judge Advocate General of the armed force of 
which the officer is a member. 
‘‘(5) PROTECTIVE ORDER.—The term ‘protective 
order’ means an order that— 
‘‘(A) restrains a person from harassing, 
stalking, threatening, or otherwise contacting or 
communicating with a victim of an alleged sex 
or domestic violence offense, or a family member 
or associate of the victim, or engaging in other 
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conduct that would place such other person in 
reasonable fear of bodily injury to any such 
other person; 
‘‘(B) by its terms, explicitly prohibits— 
‘‘(i) the use, attempted use, or threat-
ened use of physical force by the person 
against a victim of an alleged sex or domes-
tic violence offense, or a family member or 
associate of the victim, that would reason-
ably be expected to cause bodily injury; 
‘‘(ii) the initiation by the person re-
strained of any contact or communication 
with such other person; or 
‘‘(iii) actions described by both clauses 
(i) and (ii). 
‘‘(6) SPECIAL
VICTIMS’ COUNSEL.—The term 
‘Special Victims Counsel’ means a Special Victims’ 
Counsel described in section 1044e and includes a 
Victims’ Legal Counsel of the Navy.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘1567b. Authority of military judges and military magistrates to issue military 
court protective orders.’’. 
(c) IMPLEMENTATION.—The President shall prescribe 
regulations implementing section 1567b of title 10, United 
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States Code, not later than one year after the date of the 
enactment of this Act. 
SEC. 543. ADDITIONAL BASES FOR PROVISION OF ADVICE 
BY THE DEFENSE ADVISORY COMMITTEE FOR 
THE PREVENTION OF SEXUAL MISCONDUCT. 
Section 550B(c)(2) of the National Defense Authoriza-
tion Act for Fiscal Year 2020 (Public Law 116–92) is 
amended— 
(1) by redesignating subparagraph (C) as sub-
paragraph (E); and 
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraphs: 
‘‘(C) Efforts among private employers to 
prevent sexual assault and sexual harassment 
among their employees. 
‘‘(D) Evidence-based studies on the preven-
tion of sexual assault and sexual harassment in 
the Armed Forces, institutions of higher edu-
cation, and the private sector.’’. 
SEC. 544. MODIFICATION OF REPORTING AND DATA COL-
LECTION ON VICTIMS OF SEXUAL OFFENSES. 
Section 547 of the John S. McCain National Defense 
Authorization Act for Fiscal Year 2019 (Public Law 115– 
232; 10 U.S.C. 1561 note) is amended— 
(1) in subsection (a)— 
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(A) in paragraph (1)— 
(i) by striking ‘‘accused of’’ and insert-
ing ‘‘suspected of’’; and 
(ii) by striking ‘‘assault’’ and inserting 
‘‘offense’’; 
(B) in paragraph (2), by striking ‘‘accused 
of’’ and inserting ‘‘suspected of’’; and 
(C) in paragraph (3)— 
(i) by striking ‘‘assaults’’ and inserting 
‘‘offenses’’; and 
(ii) by striking ‘‘an accusation’’ and 
inserting ‘‘suspicion of’’; 
(2) by redesignating subsection (b) as subsection 
(c); 
(3) by inserting after subsection (b) the following 
new subsection: 
‘‘(b) GUIDANCE REQUIRED.—The Secretary of Defense 
shall issue guidance to ensure the uniformity of the data 
collected by each Armed Force for purposes of subsection 
(a). At a minimum, such guidance shall establish— 
‘‘(1) standardized methods for the collection of 
the data required to be reported under such sub-
section; and 
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‘‘(2) standardized definitions for the terms ‘sex-
ual offense’, ‘collateral miconduct’, and ‘adverse ac-
tion’.’’; and 
(4) by amending subsection (c), as so redesig-
nated, to read as follows: 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered individual’ means an in-
dividual who is identified in the case files of a mili-
tary criminal investigative organization as a victim 
of a sexual offense that occurred while that individual 
was serving on active duty as a member of the Armed 
Forces. 
‘‘(2) The term ‘suspected of’, when used with re-
spect to a covered individual suspected of collateral 
misconduct or crimes as described in subsection (a), 
means that an investigation by a military criminal 
investigative organization reveals facts and cir-
cumstances that would lead a reasonable person to be-
lieve that the individual committed an offense under 
chapter 47 of title 10, United States Code (the Uni-
form Code of Military Justice).’’. 
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351 
SEC. 545. MODIFICATION OF ANNUAL REPORT REGARDING 
SEXUAL ASSAULTS INVOLVING MEMBERS OF 
THE ARMED FORCES. 
(a) SUBMISSION TO CONGRESS.—Section 1631(d) of 
the Ike Skelton National Defense Authorization Act for Fis-
cal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 note) 
is amended by inserting ‘‘and the Committees on Veterans’ 
Affairs of the Senate and the House of Representatives’’ 
after ‘‘House of Representatives’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall take effect on the date of the enactment 
of this Act and shall apply to reports required to be sub-
mitted under section 1631 of the Ike Skelton National De-
fense Authorization Act for Fiscal Year 2011 (Public Law 
111–383; 10 U.S.C. 1561 note) on or after such date. 
SEC. 546. COORDINATION OF SUPPORT FOR SURVIVORS OF 
SEXUAL TRAUMA. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Secretaries of Defense 
and Veterans Affairs shall jointly develop, implement, and 
maintain a standard of coordinated care for members of 
the Armed Forces who are survivors of sexual trauma. Such 
standard shall include the following: 
(b) MINIMUM ELEMENTS.—The standard developed 
and implemented under subsection (a) by the Secretaries 
of Defense and Veterans Affairs shall include the following: 
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(1) INFORMATION FOR MEMBERS OF THE ARMED 
FORCES.—The Secretary of Defense shall ensure 
that— 
(A) Sexual Assault Response Coordinators 
and Uniformed Victim Advocates receive annual 
training on resources of the Department of Vet-
erans Affairs regarding sexual trauma; 
(B) information regarding services fur-
nished by the Secretary of Veterans Affairs to 
survivors of sexual trauma is provided to each 
such survivor; and 
(C) information described in subparagraph 
(B) is posted in the following areas in each facil-
ity of the Department of Defense: 
(i) An office of the Family Advocacy 
Program. 
(ii) An office of a mental health care 
provider. 
(iii) Each area in which sexual assault 
prevention staff normally post notices or in-
formation. 
(iv) High-traffic areas (including din-
ing facilities). 
(2) COORDINATION BETWEEN STAFF OF THE DE-
PARTMENTS.—The Secretaries shall ensure that a 
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Sexual Assault Response Coordinator or Uniformed 
Victim Advocate of the Department of Defense who re-
ceives a report of an instance of sexual trauma con-
nects the survivor to the Military Sexual Trauma Co-
ordinator of the Department of Veterans Affairs at the 
facility of that Department nearest to the residence of 
that survivor if that survivor is a member separating 
or retiring from the Armed Forces. 
(c) REPORTS.— 
(1) REPORT ON RESIDENTIAL TREATMENT.—Not 
later than 180 days after the date of the enactment 
of this Act, the Secretaries of Defense and Veterans 
Affairs shall provide a report to the appropriate com-
mittees of Congress regarding the availability of resi-
dential treatment programs for survivors of sexual 
trauma, including— 
(A) barriers to access for such programs; 
and 
(B) resources required to reduce such bar-
riers. 
(2) INITIAL REPORT.—Upon implementation of 
the standard under subsection (a), the Secretaries of 
Defense and Veterans Affairs shall jointly submit to 
the appropriate committees of Congress a report on 
the standard. 
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(3) PROGRESS REPORTS.—Not later than 180 
days after submitting the initial report under para-
graph (2), and on December 1 of each subsequent 
year, the Secretaries of Defense and Veterans Affairs 
shall jointly submit to the appropriate committees of 
Congress a report on the progress of the Secretaries in 
implementing and improving the standard. 
(4) UPDATES.—Whenever the Secretaries of De-
fense and Veterans Affairs update the standard devel-
oped under subsection (a), the Secretaries shall jointly 
submit to the appropriate committees of Congress a 
report on such update, including a comprehensive and 
detailed description of such update and the reasons 
for such update. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘sexual trauma’’ means psycho-
logical trauma described in section 1720D(a)(1) of 
title 38, United States Code. 
(2) The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committees on Veterans’ Affairs of 
the House of Representatives and the Senate; and 
(B) the Committees on Armed Services of 
the House of Representatives and the Senate. 
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SEC. 547. POLICY ON SEPARATION OF VICTIM AND AC-
CUSED AT MILITARY SERVICE ACADEMIES. 
(a) IN GENERAL.—The Secretary of Defense shall, in 
consultation with the Secretaries of the military depart-
ments and the Superintendent of each military service 
academy, prescribe in regulations a policy under which a 
cadet or midshipman of a military service academy who 
is the alleged victim of a sexual assault and a cadet or mid-
shipman who is the alleged perpetrator of such assault shall, 
to the extent practicable, each be given the opportunity to 
complete their course of study at the academy without— 
(1) taking classes together; or 
(2) otherwise being in close proximity to each 
other during mandatory activities. 
(b) ELEMENTS.—The Secretary of Defense shall ensure 
that the policy developed under subsection (a)— 
(1) protects the alleged victim as necessary, in-
cluding by prohibiting retaliatory harassment; 
(2) allows both the victim and the accused to 
complete their course of study at the institution with 
minimal disruption; 
(3) protects the privacy of both the victim and 
the accused by ensuring that information about the 
alleged sexual assault and the individuals involved is 
not revealed to third parties who are not specifically 
authorized to receive such information in the course 
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of performing their regular duties, except that such 
policy shall not preclude the alleged victim or the al-
leged perpetrator from making such disclosures to 
third parties; and 
(4) minimizes the burden on the alleged victim 
when taking steps to separate the alleged victim and 
alleged perpetrator. 
(c) SPECIAL RULE.—The policy developed under sub-
section (a) shall not preclude a military service academy 
from taking other administrative or disciplinary action 
when appropriate. 
(d) MILITARY SERVICE ACADEMY DEFINED.—In this 
section, the term ‘‘military service academy’’ means the fol-
lowing: 
(1) The United States Military Academy. 
(2) The United States Naval Academy. 
(3) The United States Air Force Academy. 
SEC. 548. SAFE-TO-REPORT POLICY APPLICABLE ACROSS 
THE ARMED FORCES. 
(a) IN GENERAL.—The Secretary of Defense shall, in 
consultation with the Secretaries of the military depart-
ments, prescribe in regulations a safe-to-report policy de-
scribed in subsection (b) that applies with respect to all 
members of the covered Armed Forces (including members 
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of the reserve components of the covered Armed Forces) and 
cadets and midshipmen at the military service academies. 
(b) SAFE-TO-REPORT POLICY.—The safe-to-report pol-
icy described in this subsection is a policy that prescribes 
the handling of minor collateral misconduct involving a 
member of the covered Armed Forces who is the alleged vic-
tim of sexual assault. 
(c) AGGRAVATING CIRCUMSTANCES.—The regulations 
under subsection (a) shall specify aggravating cir-
cumstances that increase the gravity of minor collateral 
misconduct or its impact on good order and discipline for 
purposes of the safe-to-report policy. 
(d) TRACKING OF COLLATERAL MISCONDUCT INCI-
DENTS.—In conjunction with the issuance of regulations 
under subsection (a), Secretary shall develop and imple-
ment a process to track incidents of minor collateral mis-
conduct that are subject to the safe-to-report policy. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘covered Armed Forces’’ has the 
meaning given the term ‘‘armed forces’’ in section 
101(a)(4) of title 10, United States Code, except such 
term does not include the Coast Guard. 
(2) The term ‘‘military service academy’’ means 
the following: 
(A) The United States Military Academy. 
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(B) The United States Naval Academy. 
(C) The United States Air Force Academy. 
(3) The term ‘‘minor collateral misconduct’’ 
means any minor misconduct that is potentially pun-
ishable under chapter 47 of title 10, United States 
Code (the Uniform Code of Military Justice), that— 
(A) is committed close in time to or during 
the sexual assault, and directly related to the in-
cident that formed the basis of the sexual assault 
allegation; 
(B) is discovered as a direct result of the re-
port of sexual assault or the ensuing investiga-
tion into the sexual assault; and 
(C) does not involve aggravating cir-
cumstances (as specified in the regulations pre-
scribed under subsection (c)) that increase the 
gravity of the minor misconduct or its impact on 
good order and discipline. 
SEC. 549. QUESTION IN WORKPLACE AND GENDER RELA-
TIONS SURVEYS REGARDING PROSECUTIONS 
OF SEXUAL ASSAULT. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall include in the covered surveys a question regarding 
whether a member of an Armed Force under the jurisdiction 
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of the Secretary of a military department would be more 
willing to report a sexual assault if prosecution decisions 
were made by lawyers and not commanders. 
(b) COVERED SURVEYS DEFINED.—In this section, the 
term ‘‘covered surveys’’ means the workplace and gender re-
lations surveys and focus groups administered by the Office 
of People Analytics of the Department of Defense, includ-
ing— 
(1) the Workplace and Gender Relations Survey 
of Active Duty Members; 
(2) the Workplace and Gender Relations Survey 
of Reserve Component Members; 
(3) the Military Service Gender Relations Focus 
Group; and 
(4) any successor survey or focus group. 
SEC. 549A. PILOT PROGRAM ON PROSECUTION OF SPECIAL 
VICTIM 
OFFENSES 
COMMITTED 
BY 
ATTENDEES OF MILITARY SERVICE ACAD-
EMIES. 
(a) PILOT PROGRAM.—Beginning not later than Jan-
uary 1, 2021, the Secretary of Defense shall carry out a 
pilot program (referred to in this Act as the ‘‘Pilot Pro-
gram’’) under which the Secretary shall establish, in ac-
cordance with this section, an independent authority to— 
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(1) review each covered special victim offense; 
and 
(2) determine whether such offense shall be re-
ferred to trial by an appropriate court-martial con-
vening authority. 
(b) OFFICE OF THE CHIEF PROSECUTOR.— 
(1) ESTABLISHMENT.—As part of the Pilot Pro-
gram, the Secretary shall establish, within the Office 
of the Secretary of Defense, an Office of the Chief 
Prosecutor. 
(2) HEAD OF OFFICE.—The head of the Office 
shall be known as the Chief Prosecutor. The Secretary 
shall appoint as the Chief Prosecutor a commissioned 
officer in the grade of O–7 or above who— 
(A) has significant experience prosecuting 
sexual assault trials by court-martial; and 
(B) is outside the chain of command of any 
cadet or midshipman described in subsection 
(f)(2). 
(3) RESPONSIBILITIES.—The Chief Prosecutor 
shall exercise the authorities described in subsection 
(c) but only with respect to covered special victim of-
fenses. 
(4) SPECIAL RULE.—Notwithstanding any other 
provision of law, the military service from which the 
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Chief Prosecutor is appointed is authorized an addi-
tional billet for a general officer or a flag officer for 
each year in the two year period beginning with the 
year in which the appointment is made. 
(5) TERMINATION.—The Office of the Chief Pros-
ecutor shall terminate on the date on which the Pilot 
Program terminates under subsection (e). 
(c) REFERRAL
TO OFFICE
OF
THE CHIEF PROS-
ECUTOR.— 
(1) INVESTIGATION PHASE.— 
(A) NOTICE
AND
INFORMATION.—A mili-
tary criminal investigative organization that re-
ceives an allegation of a covered special victim 
offense shall provide to the Chief Prosecutor and 
the commander of the military service academy 
concerned— 
(i) timely notice of such allegation; 
and 
(ii) any information and evidence ob-
tained as the result a subsequent investiga-
tion into the allegation. 
(B) TRIAL COUNSEL.—A trial counsel as-
signed to a case involving a covered special vic-
tim offense shall, during the investigative phase 
of such case, provide the Chief Prosecutor with 
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the information necessary to enable the Chief 
Prosecutor to make the determination required 
under paragraph (3). 
(2) REFERRAL TO CHIEF PROSECUTOR.—In the 
case of a charge relating to a covered special victim 
offense, in addition to referring the charge to the staff 
judge advocate under subsection (a) or (b) of section 
834 of title 10, United States Code (article 34 of the 
Uniform Code of Military Justice), the convening au-
thority of the Armed Force of which the accused is a 
member shall refer, as soon as reasonably practicable, 
the charge to the Chief Prosecutor to make the deter-
mination required by paragraph (3). 
(3) 
PROSECUTORIAL
DETERMINATION.—The 
Chief Prosecutor shall make a determination regard-
ing whether a charge relating to a covered special vic-
tim offense shall be referred to trial. If the Chief Pros-
ecutor makes a determination that the charge shall be 
tried by court-martial, the Chief Prosecutor also shall 
determine whether the charge shall be tried by a gen-
eral court-martial convened under section 822 of title 
10, United States Code (article 22 of the Uniform 
Code of Military Justice) or a special court-martial 
convened under section 823 of such title (article 23 of 
the Uniform Code of Military Justice). The deter-
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mination of whether to try a charge relating to a cov-
ered special victim offense by court-martial shall in-
clude a determination of whether to try any known 
offenses, including any lesser included offenses. 
(4) EFFECT OF DETERMINATION AND APPEALS 
PROCESS.— 
(A) 
DETERMINATION
TO
PROCEED
TO 
TRIAL.—Subject to subparagraph (C), a deter-
mination to try a charge relating to a covered 
special victim offense by court-martial under 
paragraph (3), and the determination as to the 
type of court-martial, shall be binding on any 
convening authority under chapter 47 of title 10, 
United States Code (the Uniform Code of Mili-
tary Justice) for a trial by court-martial on the 
charge. 
(B) DETERMINATION NOT TO PROCEED TO 
TRIAL.—Subject to subparagraph (C), a deter-
mination under paragraph (3) not to proceed to 
trial on a charge relating to a covered special 
victim offense by general or special court-martial 
shall be binding on any convening authority 
under chapter 47 of title 10, United States Code 
(the Uniform Code of Military Justice) except 
that such determination shall not operate to ter-
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minate or otherwise alter the authority of the 
convening authority— 
(i) to proceed to trial by court-martial 
on charges of collateral misconducted related 
to the special victim offense; or 
(ii) to impose non-judicial punishment 
in connection with the conduct covered by 
the charge as authorized by section 815 of 
such title (article 15 of the Uniform Code of 
Military Justice). 
(C) APPEAL.—In a case in which a con-
vening authority and the staff judge advocate ad-
vising such authority disagree with the deter-
mination of the Chief Prosecutor under para-
graph (3), the convening authority and staff 
judge advocate may jointly appeal the deter-
mination to the General Counsel of the Depart-
ment of Defense. The determination of the Gen-
eral Counsel with respect to such appeal shall be 
binding on the Chief Prosecutor and the con-
vening authority concerned. 
(5) TRIAL
BY
RANDOMIZED
JURY.—After the 
Chief Prosecutor makes a determination under para-
graph (3) to proceed to trial on a charge relating to 
a covered special victim offense, the matter shall be 
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tried by a court-martial convened within the Armed 
Force of which the accused is a member in accordance 
with the applicable provisions of chapter 47 of title 
10, United States Code (the Uniform Code of Military 
Justice) except that, when convening a court-martial 
that is a general or special court-martial involving a 
covered special victim offense in which the accused 
elects a jury trial, the convening authority shall de-
tail members of the Armed Forces as members thereof 
at random unless the obtainability of members of the 
Armed Forces for such court-martial prevents the con-
vening authority from detailing such members at ran-
dom. 
(6) UNLAWFUL INFLUENCE OR COERCION.—The 
actions of the Chief Prosecutor under this subsection 
whether or not to try charges by court-martial shall 
be free of unlawful or unauthorized influence or coer-
cion. 
(d) EFFECT ON OTHER LAW.—This section shall su-
persede any provision of chapter 47 of title 10, United 
States Code (the Uniform Code of Military Justice), that 
is inconsistent with this section, but only to the extent of 
the inconsistency. 
(e) TERMINATION AND TRANSITION.— 
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(1) TERMINATION.—The authority of the Sec-
retary to carry out the Pilot Program shall terminate 
four years after the date on which the Pilot Program 
is initiated. 
(2) TRANSITION.—The Secretary shall take such 
actions as are necessary to ensure that, on the date 
on which the Pilot Program terminates under para-
graph (1), any matter referred to the Chief Prosecutor 
under subsection (c)(2), but with respect to which the 
Chief Prosecutor has not made a determination under 
subsection (c)(3), shall be transferred to the appro-
priate convening authority for consideration. 
(f) DEFINITIONS.—In this Act: 
(1) The term ‘‘Armed Force’’ means an Armed 
Force under the jurisdiction of the Secretary of a 
military department. 
(2) The term ‘‘covered special victim offense’’ 
means a special victim offense— 
(A) alleged to have been committed on or 
after the date of the enactment of this Act by a 
cadet of the United States Military Academy or 
the United States Air Force Academy, without 
regard to the location at which the offense was 
committed; or 
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(B) alleged to have been committed on or 
after the date of the enactment of this Act by a 
midshipman of the United States Naval Acad-
emy, without regard to the location at which the 
offense was committed. 
(3) The term ‘‘Secretary’’ means the Secretary of 
Defense. 
(4) The term ‘‘special victim offense’’ means any 
of the following: 
(A) An offense under section 917a, 920, 
920b, 920c, or 930 of title 10, United States 
Code (article 117a, 120, 120b, 120c, or 130 of the 
Uniform Code of Military Justice). 
(B) A conspiracy to commit an offense spec-
ified in subparagraph (A) as punishable under 
section 881 of such title (article 81 of the Uni-
form Code of Military Justice). 
(C) A solicitation to commit an offense 
specified in subparagraph (A) as punishable 
under section 882 of such title (article 82 of the 
Uniform Code of Military Justice). 
(D) An attempt to commit an offense speci-
fied in subparagraph (A) as punishable under 
section 880 of such title (article 80 of the Uni-
form Code of Military Justice). 
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SEC. 549B. REPORT ON STATUS OF INVESTIGATIONS OF AL-
LEGED SEX-RELATED OFFENSES. 
(a) REPORTS REQUIRED.—Not later than one year 
after the date of the enactment of this Act, and annually 
thereafter through December 31, 2025, the Secretary of each 
military department shall submit to the congressional de-
fense committees a report on the status of investigations 
into alleged sex-related offenses. 
(b) ELEMENTS.—Each report under subsection (a) 
shall include, with respect to investigations into alleged sex- 
related offenses carried out by military criminal investiga-
tive organizations under the jurisdiction of the Secretary 
concerned during the preceding year, the following: 
(1) The total number of investigations. 
(2) For each investigation— 
(A) the date the investigation was initiated; 
and 
(B) an explanation of whether the investiga-
tion is in-progress or complete as of the date of 
the report and, if complete, the date on which the 
investigation was completed. 
(3) The total number of investigations that are 
complete as of the date of the report. 
(4) The total number of investigations that are 
in-progress as of the date of the report. 
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(5) For investigations lasting longer than 180 
days, an explanation of the primary reasons for the 
extended duration of the investigation. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘alleged sex-related offense’’ has the 
meaning given that term in section 1044(e)(h) of title 
10, United States Code. 
(2) The term ‘‘complete’’ when used with respect 
to an investigation of an alleged sex-related offense, 
means the active phase of the investigation is suffi-
ciently complete to enable the appropriate authority 
to reach a decision with respect to the disposition of 
charges for the offense. 
Subtitle F—Member Education, 
Training, and Transition 
SEC. 551. COUNSELING IN THE TRANSITION ASSISTANCE 
PROGRAM 
REGARDING 
SEXUAL 
ASSAULT, 
SEXUAL OR GENDER HARASSMENT, AND INTI-
MATE PARTNER VIOLENCE. 
Section 1142(b) of title 10, United States Code, is 
amended by adding at the end the following new paragraph: 
‘‘(20) Information concerning health care (in-
cluding mental health care) furnished by the Sec-
retary of Veterans Affairs to veterans and members of 
the Armed Forces who have survived sexual assault, 
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sexual or gender harassment, or intimate partner vio-
lence.’’. 
SEC. 552. ESTABLISHMENT OF MENTORING AND CAREER 
COUNSELING PROGRAM. 
(a) IN GENERAL.—Chapter 107 of title 10, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 2158. Mentoring and career counseling program 
‘‘(a) ESTABLISHMENT; OBJECTIVES.—The Secretary of 
Defense, in coordination with the Secretaries of the military 
departments and the Chief Diversity Officer, shall imple-
ment a program for mentoring and career counseling 
that— 
‘‘(1) ensures that all military occupational spe-
cialties and career fields reflect the demographics of 
the armed forces; and 
‘‘(2) ensures that members in all ranks and 
grades reflect the demographics of the armed forces. 
‘‘(b) PROGRAM DESCRIPTION AND COMPONENTS.—The 
program under subsection (a) shall— 
‘‘(1) include mentoring and career counseling ef-
forts that start prior to the initial career field deci-
sion point and continue throughout the career of each 
participating member; 
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‘‘(2) provide guidance on accession into the mili-
tary occupational specialties and career fields that ex-
perience the highest rates and greatest number of pro-
motions to a grade above O–6; and 
‘‘(3) promote information regarding career 
choices, including opportunities in the reserve compo-
nents, to optimize the ability of a participating mem-
ber to make informed career choices from accession to 
retirement. 
‘‘(c) EVALUATION METRICS.—The Secretary of Defense 
shall establish and maintain metrics to evaluate the effec-
tiveness of the program under this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 107 of such title is amended by 
at the end the following new item: 
‘‘2158. Mentoring and career counseling program.’’. 
(c) INTERIM REPORT.— 
(1) REPORT
REQUIRED.—Not later than 120 
days after the date of the enactment of this Act, the 
Secretary of Defense shall submit to the congressional 
defense committees on Armed Services of the Senate 
and the House of Representatives a report on the im-
plementation of section 2158 of title 10, United States 
Code, as added by subsection (a). 
(2) ELEMENTS.—The report under paragraph 
(1) shall include the following: 
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(A) A description and assessment of the 
manner in which the Department of Defense 
shall implement the program under subsection 
(a) of such section 2158. 
(B) The initial evaluation metrics developed 
under subsection (c) of such section 2158. 
(C) An explanation of whether the program 
will be carried out as part of another program 
of the Department or through the establishment 
of a separate program. 
(D) A comprehensive description of the ad-
ditional personnel, resources, and training that 
will be required to implement the program, in-
cluding identification of the specific number of 
additional billets that will be needed to staff the 
program. 
(E) Recommendations of the Secretary for 
additional legislation that the Secretary deter-
mines e necessary to effectively and efficiently 
implement the program. 
(d) ANNUAL REPORT.— 
(1) REPORT REQUIRED.—Not later than October 
1, 2021, and annually thereafter for three years, the 
Secretary of Defense shall submit to the congressional 
defense committees on Armed Services of the Senate 
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and the House of Representatives a report on the pro-
gram under section 2158 of title 10, United States 
Code, as added by subsection (a). 
(2) ELEMENTS.—Each report under paragraph 
(1) shall include, disaggregated by Armed Force, the 
following: 
(A) The latest evaluation metrics developed 
under subsection (c) of such section 2158. 
(B) 
The 
number 
of 
individuals, 
disaggregated by grade, ethnicity, race, and gen-
der, who were eligible for participation in the 
program. 
(C) 
The 
number 
of 
individuals, 
disaggregated by grade, ethnicity, race, and gen-
der, who opted out of participation in the pro-
gram. 
(D) An assessment of the effectiveness of the 
program in advancing the careers of minority 
commissioned officers. 
(e) PUBLICATION.—The Secretary of Defense shall— 
(1) publish on an appropriate publicly available 
website of the Department of Defense the reports re-
quired under subsections (c) and (d); and 
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(2) ensure that any data included with each such 
report is made available in a machine-readable for-
mat that is downloadable, searchable, and sortable. 
(f) IMPLEMENTATION DATE.—The Secretary of Defense 
shall implement the program under section 2158 of title 10, 
United States Code, as added by subsection (a), not later 
than one year after the date of the enactment of this Act. 
(g) DEFINITIONS.—In this section: 
(1) The term ‘‘minority person’’ means any in-
dividual who is a citizen of the United States and 
who is— 
(A) Asian American; 
(B) Native Hawaiian; 
(C) a Pacific Islander; 
(D) African American; 
(E) Hispanic; 
(F) Puerto Rican; 
(G) Native American; 
(H) an Alaska Native; or 
(I) female. 
(2) The term ‘‘minority commissioned officer’’ 
means any commissioned officer who is a minority 
person. 
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(3) The term ‘‘machine-readable’’ has the mean-
ing given that term in section 3502(18) of title 44, 
United States Code. 
SEC. 553. DEFENSE LANGUAGE INSTITUTE FOREIGN LAN-
GUAGE CENTER. 
(a) AUTHORITY TO AWARD BACHELOR’S DEGREES.— 
Section 2168 of title 10, United States Code, is amended— 
(1) in the section heading, by striking ‘‘Asso-
ciate’’ and inserting ‘‘Associate or Bachelor’’; 
and 
(2) by amending subsection (a) to read as fol-
lows: 
‘‘(a) Subject to subsection (b), the Commandant of the 
Defense Language Institute may confer— 
‘‘(1) an Associate of Arts degree in a foreign lan-
guage upon any graduate of the Foreign Language 
Center of the Institute who fulfills the requirements 
for that degree; or 
‘‘(2) a Bachelor of Arts degree in a foreign lan-
guage upon any graduate of the Foreign Language 
Center of the Institute who fulfills the requirements 
for that degree.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 108 of title 10, United States Code, 
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is amended by striking the item relating to section 2168 
and inserting the following new item: 
‘‘2168. Defense Language Institute Foreign Language Center: degree of Associate 
or Bachelor of Arts in foreign language.’’. 
SEC. 554. DEFENSE LANGUAGE INSTITUTE FOREIGN LAN-
GUAGE CENTER. 
(a) AUTHORITY TO AWARD BACHELOR’S DEGREES.— 
Section 2168 of title 10, United States Code, is amended— 
(1) in the section heading, by striking ‘‘Asso-
ciate’’ and inserting ‘‘Associate or Bachelor’’; 
and 
(2) by amending subsection (a) to read as fol-
lows: 
‘‘(a) Subject to subsection (b), the Commandant of the 
Defense Language Institute may confer— 
‘‘(1) an Associate of Arts degree in a foreign lan-
guage upon any graduate of the Foreign Language 
Center of the Institute who fulfills the requirements 
for that degree; or 
‘‘(2) a Bachelor of Arts degree in a foreign lan-
guage upon any graduate of the Foreign Language 
Center of the Institute who fulfills the requirements 
for that degree.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 108 of title 10, United States Code, 
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is amended by striking the item relating to section 2168 
and inserting the following new item: 
‘‘2168. Defense Language Institute Foreign Language Center: degree of Associate 
or Bachelor of Arts in foreign language.’’. 
SEC. 555. INCREASE IN NUMBER OF PERMANENT PROFES-
SORS AT THE UNITED STATES AIR FORCE 
ACADEMY. 
Section 9431(b)(4) of title 10, United States Code, is 
amended by striking ‘‘23’’ and inserting ‘‘25’’. 
SEC. 556. INFORMATION ON NOMINATIONS AND APPLICA-
TIONS FOR MILITARY SERVICE ACADEMIES. 
(a) CONGRESSIONAL NOMINATIONS PORTAL.— 
(1) IN GENERAL.—Not later than one year after 
the date of the enactment of this Act, the Secretary, 
in consultation with the Superintendents of the mili-
tary service academies, shall ensure that there is a 
uniform online portal for all military service acad-
emies that enables Members of Congress to nominate 
individuals for appointment to each academy through 
a secure website. 
(2) INFORMATION
COLLECTION
AND
REPORT-
ING.—The online portal established under paragraph 
(1) shall— 
(A) collect, from each Member of Congress, 
the demographic information described in sub-
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section (b) for each individual nominated by the 
Member; and 
(B) collect the information required to be 
included in each annual report of the Secretary 
under subsection (c) in a manner that enables 
the Secretary to automatically compile such in-
formation when preparing the report. 
(3) AVAILABILITY OF INFORMATION.—The portal 
shall allow Members of Congress and their designees 
to view past nomination records for all application 
cycles. 
(b) STANDARD CLASSIFICATIONS FOR COLLECTION OF 
DEMOGRAPHIC DATA.— 
(1) STANDARDS REQUIRED.—The Secretary, in 
consultation with the Superintendents of the military 
service academies, shall establish standard classifica-
tions that cadets, midshipmen, and applicants to the 
academies may use to self-identify gender, race, and 
ethnicity and to provide other demographic informa-
tion in connection with admission to or enrollment in 
an academy. 
(2) CONSISTENCY
WITH
OMB
GUIDANCE.—The 
standard classifications established under paragraph 
(1) shall be consistent with the standard classifica-
tions specified in Office of Management and Budget 
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Directive No. 15 (pertaining to race and ethnic 
standards for Federal statistics and administrative 
reporting) or any successor directive. 
(3) INCORPORATION
INTO
APPLICATIONS
AND 
RECORDS.—Not later than 180 days after the date of 
the enactment of this Act, the Secretary shall incor-
porate the standard classifications established under 
paragraph (1) into— 
(A) applications for admission to the mili-
tary service academies; and 
(B) the military personnel records of cadets 
and midshipmen enrolled in such academies. 
(c) ANNUAL REPORT ON THE DEMOGRAPHICS MILI-
TARY SERVICE ACADEMY APPLICANTS.— 
(1) REPORT
REQUIRED.—Not later than Sep-
tember 30 of each year beginning after the date of the 
enactment of this Act, the Secretary shall submit to 
the congressional defense committees a report on the 
demographics of applicants to military service acad-
emies for the most recently concluded application 
year. 
(2) ELEMENTS.—Each report under paragraph 
(1) shall include, with respect to each military service 
academy, the following: 
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(A) The number of individuals who sub-
mitted an application for admission to the acad-
emy in the application year covered by the re-
port. 
(B) Of the individuals who submitted an 
application for admission to the academy in 
such year— 
(i) the overall demographics of appli-
cant pool, disaggregated by the classifica-
tions established under subsection (b) and 
by Member of Congress; 
(ii) the number and percentage who re-
ceived a nomination, disaggregated by the 
classifications established under subsection 
(b) and by Member of Congress; 
(iii) the number and percentage who 
received an offer for appointment to the 
academy, disaggregated by the classifica-
tions established under subsection (b) and 
by Member of Congress; and 
(iv) the number and percentage who 
accepted an appointment to the academy, 
disaggregated by the classifications estab-
lished under subsection (b) and by Member 
of Congress. 
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(3) CONSULTATION.—In preparing each report 
under paragraph (1), the Secretary shall consult with 
the Superintendents of the military service academies. 
(4) AVAILABILITY OF REPORTS AND DATA.—The 
Secretary shall— 
(A) make the results of each report under 
paragraph (1) available on a publicly accessible 
website of the Department of Defense; and 
(B) ensure that any data included with the 
report is made available in a machine-readable 
format that is downloadable, searchable, and 
sortable. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘application year’’ means the pe-
riod beginning on January 1 of one year and ending 
on June 1 of the following year. 
(2) The term ‘‘congressional defense committees’’ 
has the meaning given that term in section 
101(a)(16) of title 10, United States Code. 
(3) The term ‘‘machine-readable’’ has the mean-
ing given that term in section 3502(18) of title 44, 
United States Code. 
(4) The term ‘‘military service academy’’ 
means— 
(A) the United States Military Academy; 
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(B) the United States Naval Academy; and 
(C) the United States Air Force Academy. 
(5) The term ‘‘Secretary’’ means the Secretary of 
Defense. 
SEC. 557. TRANSFORMATION OF THE PROFESSIONAL MILI-
TARY EDUCATION ENTERPRISE. 
(a) SENSE OF CONGRESS.—It is the sense of Congress 
that-- 
(1) 
professional 
military 
education 
is 
foundational to the development of ethical and effec-
tive military leaders and vital to national security; 
(2) oversight of professional military education 
is an essential part of Congress’ constitutional re-
sponsibilities to regulate and maintain the Armed 
Forces of the United States; 
(3) reform of the professional military education 
system, as directed by the congressional defense com-
mittees, has played a central role in the institutional-
ization of jointness as envisioned by the Goldwater- 
Nichols Department of Defense Reorganization Act of 
1986 (Public Law 99–433); 
(4) the Goldwater-Nichols professional military 
education model has served the Nation well since the 
end of the Cold War by enabling successful joint mili-
tary operations across the spectrum of conflict; 
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(5) recent changes in the national security envi-
ronment require that the professional military edu-
cation enterprise adapt to prepare the joint force to 
successfully defend American interests in evolving 
areas of strategic competition; 
(6) the Department of Defense must transform 
the professional military education enterprise to meet 
these challenges by emphasizing focused and rigorous 
intellectual study reflecting the hard won strategic in-
sights of history, while leveraging advancements in 
the modern learning environment. 
(b) LIMITATION.—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 obli-
gated or expended consolidate, close, or significantly change 
the curriculum of the National Defense University or any 
institution of professional military education of an Armed 
Force until a period of 120 days has elapsed following the 
date on which the Under Secretary of Defense for Personnel 
and Readiness submits the report required under subsection 
(c). 
(c) REPORT REQUIRED.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
Defense, acting through the Under Secretary of De-
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384 
fense for Personnel and Readiness, shall submit to the 
Committees on Armed Services of the Senate and the 
House of Representatives a report on the status of the 
professional military education enterprise. 
(2) ELEMENTS.—The report required under 
paragraph (1) shall include the following: 
(A) A consolidated summary that— 
(i) lists all components of the profes-
sional military education enterprise of the 
Department of Defense, including all associ-
ated schools, programs, research centers, 
and support activities; and 
(ii) for each such component, identifies 
the assigned personnel strength, annual stu-
dent throughput, and budget details cov-
ering the period of three fiscal years pre-
ceding the date of the report. 
(B) An assessment of the effectiveness and 
shortfalls of the existing professional military 
education enterprise as measured against grad-
uate utilization, post-graduate evaluations, and 
the education and force development require-
ments of the Chairman of the Joint Chiefs of 
Staff and the Chiefs of the Armed Forces. 
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(C) Recommendations to improve the intel-
lectual readiness of the joint force through re-
forms designed to— 
(i) improve the warfighting readiness, 
intellectual fitness and cognitive ingenuity 
of military leaders; 
(ii) promote development of strategic 
thinkers capable of developing integrated 
political-military and cross-domain strate-
gies and new doctrinal concepts; 
(iii) enhance the effectiveness, coher-
ence, and efficiency of individual service 
approaches to professional military edu-
cation; 
(iv) improve the depth and rigor of 
professional military education curriculum 
in alignment with national defense strategy 
pacing threats while enhancing strategic re-
lationships and operational integration 
with key allies and international security 
partners; and 
(v) foster the deliberate development of 
world-class faculty through increasing the 
value of faculty assignments and other ap-
propriate measures. 
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SEC. 558. COLLEGE OF INTERNATIONAL SECURITY AFFAIRS 
OF THE NATIONAL DEFENSE UNIVERSITY. 
(a) PROHIBITION.—The Secretary of Defense may not 
eliminate, divest, downsize, or reorganize the College of 
International Security Affairs, nor its satellite program, 
the Joint Special Operations Masters of Arts, of the Na-
tional Defense University, or seek to reduce the number of 
students educated at the College, or its satellite program, 
until 30 days after the date on which the congressional de-
fense committees receive the report required by subsection 
(c). 
(b) ASSESSMENT, DETERMINATION, AND REVIEW.— 
The Under Secretary of Defense for Policy, in consultation 
with the Under Secretary of Defense for Personnel and 
Readiness, the Assistant Secretary of Defense for Special 
Operations/Low-Intensity Conflict , the Deputy Assistant 
Secretary of Defense for Counternarcotics and Global 
Threats, the Deputy Assistant Secretary of Defense for Sta-
bility and Humanitarian Affairs, the Deputy Assistant 
Secretary of Defense for Special Operations and Combating 
Terrorism, the Chief Financial Officer of the Department, 
the Chairman of the Joint Chiefs of Staff, and the Com-
mander of United States Special Operations Command, 
shall— 
(1) assess requirements for joint professional 
military education and civilian leader education in 
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the counterterrorism, irregular warfare, and asym-
metrical domains to support the Department and 
other national security institutions of the Federal 
Government; 
(2) determine whether the importance, challenges, 
and complexity of the modern counterterrorism envi-
ronment and irregular and asymmetrical domains 
warrant— 
(A) a college at the National Defense Uni-
versity, or a college independent of the National 
Defense University whose leadership is respon-
sible to the Office of the Secretary of Defense; 
and 
(B) the provision of resources, services, and 
capacity at levels that are the same as, or de-
creased or enhanced in comparison to, those re-
sources, services, and capacity in place at the 
College of International Security Affairs on Jan-
uary 1, 2019; 
(3) review the plan proposed by the National De-
fense University for eliminating the College of Inter-
national Security Affairs and reducing and restruc-
turing the counterterrorism, irregular, and asymmet-
rical faculty, course offerings, joint professional mili-
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tary education and degree and certificate programs, 
and other services provided by the College; and 
(4) assess the changes made to the College of 
International Security Affairs since January 1, 2019, 
and the actions necessary to reverse those changes, in-
cluding relocating the College and its associated budg-
et, faculty, staff, students, and facilities outside of the 
National Defense University. 
(c) REPORT REQUIRED.—Not later than February 1, 
2021, the Secretary shall submit to the congressional defense 
committees a report on— 
(1) the findings of the Secretary with respect to 
the assessments, determination, and review conducted 
under subsection (b); and 
(2) such recommendations as the Secretary may 
have for higher education in the counterterrorism, ir-
regular, and asymmetrical domains. 
SEC. 559. PUBLIC-PRIVATE CONSORTIUM TO IMPROVE PRO-
FESSIONAL MILITARY EDUCATION. 
(a) ESTABLISHMENT.—The Secretary of Defense, act-
ing through the Chairman of the Joint Chiefs of Staff and 
in consultation with the Under Secretary of Defense for Per-
sonnel and Readiness, shall establish and maintain a pub-
lic-private consortium (referred to in this section as the 
‘‘Consortium’’) to improve and broaden professional mili-
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tary education for military officers and civilian employees 
of the Federal Government. 
(b) DIRECTORS.— 
(1) IN GENERAL.—The President of the National 
Defense University and the head of a civilian institu-
tion of higher education appointed in accordance with 
paragraph (3) shall serve as co-directors of the Con-
sortium. 
(2) RESPONSIBILITIES OF CO-DIRECTORS.—The 
co-directors shall be responsible for— 
(A) the administration and management of 
the Consortium; and 
(B) developing a common curriculum for 
professional military education using input re-
ceived from members of the Consortium. 
(3) APPOINTMENT OF CO-DIRECTOR FROM CIVIL-
IAN INSTITUTION.—Not later than June 1, 2021, the 
Secretary of Defense shall appoint an individual who 
is the President or Chancellor of a civilian institution 
of higher education to serve as co-director of the Con-
sortium as described in paragraph (1). 
(4) TERM OF CO-DIRECTOR.—The co-director ap-
pointed under paragraph (3) shall serve an initial 
term of five years. The Secretary of Defense may re-
appoint such co-director for one or more additional 
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terms of not more than five years, as the Secretary 
determines appropriate. 
(5) AUTHORITY.—In the event that a conflict 
arises between co-directors of the Consortium, the con-
flict shall be resolved by the Director for Joint Force 
Development of the Joint Chiefs of Staff (J-7). 
(c) ACTIVITIES
OF CONSORTIUM.—The Consortium 
shall carry out the following activities: 
(1) Bring the military education system (includ-
ing military service academies, institutions that pro-
vide professional military education, and other insti-
tutions the provide military education) together with 
a broad group of civilian institutions of higher edu-
cation, policy research institutes, and the commercial 
sector to develop and continually update a research- 
based curriculum to prepare early career, mid-career, 
and senior military officers and civilian employees of 
the Federal Government to succeed in an era that will 
be predominantly defined by great power competition 
and in which security challenges will transcend the 
traditional areas of defense expertise, becoming more 
complex and inter-related than before, with disrup-
tions that will manifest rapidly and with little warn-
ing. 
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(2) Train military officers and civilian edu-
cators serving in the joint professional military edu-
cation system to implement the curriculum developed 
under paragraph (2) at the institutions they serve. 
(3) On a regular basis, make recommendations 
to the Secretary about how the joint professional mili-
tary education system should be modified to meet the 
challenges of apparent or possible future defense, na-
tional security, and international environments. 
(d) MEMBERS.—The Consortium shall be composed of 
representatives selected by the Secretary of Defense from the 
following organizations: 
(1) Organizations within the joint professional 
military education system. 
(2) Military service academies. 
(3) Other institutions of the Federal Government 
that provide military education. 
(4) Civilian institutions of higher education. 
(5) Private sector and government policy re-
search institutes. 
(6) Organizations in the commercial sector, in-
cluding organizations from the industrial, finance, 
and technology sectors. 
(e) ANNUAL REPORT.—Not later than September 30, 
2022, and annually thereafter, the co-directors of the Con-
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sortium shall submit to the Secretary of Defense and the 
congressional defense committees a report that describes the 
activities carried out by the Consortium during the pre-
ceding year. 
(f) CIVILIAN INSTITUTION DEFINED.—In this section, 
the term ‘‘civilian institution of higher education’’ means 
an institution of higher education (as defined in section 101 
of the Higher Education Act of 1965 (20 U.S.C. 1001)) that 
is not owned or controlled by the Federal Government. 
Subtitle G—Military Family Readi-
ness and Dependents’ Education 
SEC. 561. FAMILY READINESS: DEFINITIONS; COMMUNICA-
TION STRATEGY; REPORT. 
(a) DEFINITIONS.—Not later than six months after the 
date of the enactment of this Act, the Secretary of Defense, 
in coordination with the Secretaries of the military depart-
ments, shall define the terms ‘‘military family readiness’’ 
and ‘‘military family resiliency’’. 
(b) COMMUNICATION STRATEGY.—Not later than one 
year after the date of the enactment of this Act, the Sec-
retary of Defense, in coordination with the Secretaries of 
the military departments, shall establish and implement a 
strategy regarding communication with military families. 
The strategy shall include the following: 
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(1) TRANSFER TO CHAPTER 7.—Section 495 of 
title 37, United States Code, is transferred to chapter 
7 of such title, inserted after section 433a, and redes-
ignated as section 435. 
(2) REPEAL OF TERMINATION PROVISION.—Sec-
tion 435 of title 37, United States Code, as added by 
paragraph (1), is amended by striking subsection (c). 
(c) CLERICAL AMENDMENTS.— 
(1) CHAPTER 7.—The table of sections at the be-
ginning of chapter 7 of title 37, United States Code, 
is amended— 
(A) by inserting after the item relating to 
section 403b the following new item: 
‘‘405. Travel and transportation allowances: per diem while on duty outside the 
continental United States.’’; and 
(B) by inserting after the item relating to 
section 433a the following new item: 
‘‘435. Funeral honors duty: allowance.’’. 
(2) CHAPTER 8.—The table of sections at the be-
ginning of chapter 8 of title 37, United States Code, 
is amended by striking the items relating to sections 
475 and 495. 
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(2) The term ‘‘covered military family housing’’ 
means military family housing— 
(A) located on a military installation de-
scribed in subsection (a); and 
(B) that the Secretary of the military de-
partment concerned determines is large enough 
to provide family home day care services to no 
fewer than six children (not including children 
in the household of the eligible military spouse). 
(3) The term ‘‘eligible military spouse’’ means a 
military spouse who— 
(A) is eligible for military family housing; 
(B) is eligible to provide family home day 
care services; 
(C) has provided family home day care 
services for at least one year; and 
(D) agrees in writing to provide family 
home day care services in covered military fam-
ily housing for a period determined by the Sec-
retary of the military department concerned. 
SEC. 625. STUDY ON FEASIBILITY OF TSP CONTRIBUTIONS 
BY MILITARY SPOUSES. 
(a) STUDY REQUIRED.—The Secretary of Defense shall 
conduct a study on potential enhancements to the military 
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