326 
into an agreement under subsection (a) with the 
Secretary of Defense, such entity or center shall 
submit to the Secretary of Defense a report on the 
results of the research and analysis under subsection 
(a). 
(2) SUBMISSION TO CONGRESS.—Not later than 
one year after the date of the enactment of this Act, 
the Secretary of Defense shall submit to the con-
gressional defense committees each of the following: 
(A) A copy of the report submitted under 
paragraph (1) without change. 
(B) Any comments, changes, recommenda-
tions, or other information provided by the Sec-
retary of Defense relating to the research and 
analysis under subsection (a) and contained in 
such report. 
SEC. 519F. IMPLEMENTATION OF CERTAIN RECOMMENDA-
TIONS REGARDING USE OF UNMANNED AIR-
CRAFT SYSTEMS BY THE NATIONAL GUARD. 
Not later than September 30, 2022, the Secretary of 
Defense shall implement recommendations of the Sec-
retary described in section 519C(a)(2) of the William M. 
(Mac) Thornberry National Defense Authorization Act for 
Fiscal Year 2021 (Public Law 116–283).
327 
Subtitle C—Military Justice and 
Other Legal Matters 
SEC. 521. RIGHTS OF THE VICTIM OF AN OFFENSE UNDER 
THE UNIFORM CODE OF MILITARY JUSTICE. 
(a) IN GENERAL.—Section 806b(a) of title 10, 
United States Code (article 6b(a) of the Uniform Code 
of Military Justice) is amended— 
(1) by redesignating paragraph (8) as para-
graph (9); and 
(2) by inserting after paragraph (7) the fol-
lowing new paragraph: 
‘‘(8) The right to be informed in a timely man-
ner of any pre-trial agreement, separation-in-lieu-of- 
trial agreement, or non-prosecution agreement relat-
ing to the offense, unless providing such information 
would jeopardize another law enforcement pro-
ceeding or would violate the privacy concerns of an 
individual other than the accused.’’. 
(b) POLICY ON INFORMATION PROVIDED TO VIC-
TIMS.— 
(1) UNIFORM
POLICY
REQUIRED.—Not later 
than one year after the date of the enactment of this 
Act, the Secretary of Defense, in consultation with 
the Secretary of the Department in which the Coast 
Guard is operating, shall establish a uniform policy
328 
for the sharing of the following information relating 
to the victim of an offense under chapter 47 of title 
10, United States Code (the Uniform Code of Mili-
tary Justice), with a Special Victims’ Counsel or 
Victims’ Legal Counsel representing such victim: 
(A) Any recorded statements of the victim 
to investigators. 
(B) The record of any forensic examination 
of the person or property of the victim, includ-
ing the record of any sexual assault forensic 
exam of the victim that is in possession of in-
vestigators or the Government. 
(C) Any other personal or medical record 
of the victim that is in the possession of inves-
tigators or the Government. 
(2) EXCEPTION FOR WITHHOLDING OF INFOR-
MATION IN CERTAIN CIRCUMSTANCES.—The policy 
under paragraph (1) may set forth circumstances in 
which the information specified in such paragraph 
may be withheld for the purpose of protecting the 
integrity of an investigation or criminal proceeding.
329 
SEC. 522. COMMANDING OFFICER’S NON-JUDICIAL PUNISH-
MENT. 
(a) IN GENERAL.—Section 815 of title 10, United 
States Code (article 15 of the Uniform Code of Military 
Justice), is amended— 
(1) by redesignating subsections (c) through (g) 
as subsections (d) through (h), respectively; 
(2) by inserting after subsection (b), the fol-
lowing new subsection: 
‘‘(c)(1) Except as provided in paragraphs (2) and (3), 
a commanding officer may not impose a punishment au-
thorized in subsection (b) unless, before the imposition of 
such punishment, the commanding officer— 
‘‘(A) requests and receives legal guidance re-
garding the imposition of such punishment from a 
judge advocate or other legal officer of the armed 
force of which the commanding officer is a member; 
and 
‘‘(B) provides the member who may be subject 
to such punishment with an opportunity to consult 
appropriate legal counsel. 
‘‘(2) Paragraph (1) shall not apply to the punish-
ments specified in subparagraphs (E) and (F) of sub-
section (b)(2). 
‘‘(3) A commanding officer may waive the require-
ments set forth in subparagraphs (A) and (B) of para-
330 
graph (1), on a case by case basis, if the commanding offi-
cer determines such a waiver is necessary in the national 
security interests of the United States.’’; and 
(3) in subsection (f), as so redesignated, by 
striking ‘‘subsection (d)’’ and inserting ‘‘subsection 
(e)’’. 
(b) EFFECTIVE DATE
AND APPLICABILITY.—The 
amendments made by subsection (a) shall take effect 180 
days after the date of the enactment of this Act and shall 
apply with respect to punishments imposed under section 
815 of title 10, United States Code (article 15 of the Uni-
form Code of Military Justice), on or after such effective 
date. 
(c) ADDITIONAL GUIDANCE REQUIRED.—Not later 
than one year after the date of the enactment of this Act, 
each Secretary of a military department shall prescribe 
regulations or issue other written guidance with respect 
to non-judicial punishment under section 815 of title 10, 
United States Code (article 15 of the Uniform Code of 
Military Justice) that— 
(1)(A) identifies criteria to be considered when 
determining whether a member of the armed forces 
is attached to or embarked in a vessel for the pur-
poses of determining whether such member may de-
331 
mand trial by court-martial in lieu of punishment 
under such section (article); and 
(B) establishes a policy about the appropriate 
and responsible invocation of such exception; and 
(2) establishes criteria commanders must con-
sider when evaluating whether to issue a waiver 
under subsection (c)(3) of such section (article) (as 
added by subsection (a) of this section) on the basis 
of the national security interests of the United 
States. 
SEC. 523. SELECTION PROCESS FOR MEMBERS TO SERVE 
ON COURTS-MARTIAL. 
Section 825(e) of title 10, United States Code (article 
25(e) of the Uniform Code of Military Justice), is amend-
ed— 
(1) by redesignating paragraphs (1), (2), and 
(3) as paragraphs (3), (4), and (5), respectively; 
(2) by inserting before paragraph (3), as so re-
designated, the following new paragraphs: ‘‘(1) 
When convening a court-martial, the convening au-
thority shall detail as members thereof members of 
the armed forces under such regulations as the 
President may prescribe for the randomized selection 
of qualified personnel available to the convening au-
thority for detail.
332 
‘‘(2) The randomized selection process developed and 
implemented under paragraph (1) may include parameter 
controls that— 
‘‘(A) allow for exclusions based on scheduling 
availability; 
‘‘(B) allow for controls based on military rank; 
and 
‘‘(C) allow for controls to promote gender, ra-
cial, and ethnic diversity and inclusion.’’; and 
(3) in paragraph (4), as so redesignated, by— 
(A) striking the first sentence; and 
(B) striking ‘‘when he is’’ and inserting 
‘‘when the member is’’. 
SEC. 524. PETITION FOR DNA TESTING UNDER THE UNI-
FORM CODE OF MILITARY JUSTICE. 
(a) IN GENERAL.—Subchapter IX of chapter 47 of 
title 10, United States Code (the Uniform Code of Military 
Justice), is amended by inserting after section 873 (article 
73) the following new section (article): 
‘‘§ 873a. Art. 73a. Petition for DNA testing 
‘‘(a) IN GENERAL.—Upon a written petition by an 
accused sentenced to imprisonment or death pursuant to 
a conviction under this chapter (referred to in this section 
as the ‘applicant’), the Judge Advocate General shall order
333 
DNA testing of specific evidence if the Judge Advocate 
General finds that all of the following apply: 
‘‘(1) The applicant asserts, under penalty of 
perjury, that the applicant is actually innocent of 
the offense for which the applicant is sentenced to 
imprisonment or death. 
‘‘(2) The specific evidence to be tested was se-
cured in relation to the investigation or prosecution 
of the offense referenced in the applicant’s assertion 
under paragraph (1). 
‘‘(3) The specific evidence to be tested— 
‘‘(A) was not previously subjected to DNA 
testing and the applicant did not knowingly fail 
to request DNA testing of that evidence in a 
prior motion for postconviction DNA testing; or 
‘‘(B) was previously subjected to DNA 
testing and the applicant is requesting DNA 
testing using a new method or technology that 
is substantially more probative than the prior 
DNA testing. 
‘‘(4) The specific evidence to be tested is in the 
possession of the Government and has been subject 
to a chain of custody and retained under conditions 
sufficient to ensure that such evidence has not been 
substituted, contaminated, tampered with, replaced,
334 
or altered in any respect material to the proposed 
DNA testing. 
‘‘(5) The proposed DNA testing is reasonable in 
scope, uses scientifically sound methods, and is con-
sistent with accepted forensic practices. 
‘‘(6) The applicant identifies a theory of de-
fense that— 
‘‘(A) is not inconsistent with an affirmative 
defense presented at trial; and 
‘‘(B) would establish the actual innocence 
of the applicant of the offense referenced in the 
applicant’s assertion under paragraph (1). 
‘‘(7) If the applicant was convicted following a 
trial, the identity of the perpetrator was at issue in 
the trial. 
‘‘(8) The proposed DNA testing of the specific 
evidence may produce new material evidence that 
would— 
‘‘(A) support the theory of defense ref-
erenced in paragraph (6); and 
‘‘(B) raise a reasonable probability that 
the applicant did not commit the offense. 
‘‘(9) The applicant certifies that the applicant 
will provide a DNA sample for purposes of compari-
son.
335 
‘‘(10) The petition is made in a timely fashion, 
subject to the following conditions: 
‘‘(A) There shall be a rebuttable presump-
tion of timeliness if the petition is made within 
five years of the enactment of the National De-
fense Authorization Act for Fiscal Year 2022 or 
within three years after the date of the entry of 
judgment under section 860c of this title (arti-
cle 60c), whichever comes later. Such presump-
tion may be rebutted upon a showing— 
‘‘(i) that the applicant’s petition for a 
DNA test is based solely upon information 
used in a previously denied motion; or 
‘‘(ii) of clear and convincing evidence 
that the applicant’s filing is done solely to 
cause delay or harass. 
‘‘(B) There shall be a rebuttable presump-
tion against timeliness for any petition not sat-
isfying subparagraph (A) above. Such presump-
tion may be rebutted upon the Judge Advocate 
General’s finding— 
‘‘(i) that the applicant was or is in-
competent and such incompetence substan-
tially contributed to the delay in the appli-
cant’s motion for a DNA test;
336 
‘‘(ii) the evidence to be tested is newly 
discovered DNA evidence; 
‘‘(iii) that the applicant’s petition is 
not based solely upon the applicant’s own 
assertion of innocence and, after consid-
ering all relevant facts and circumstances 
surrounding the petition, a denial would 
result in a manifest injustice; or 
‘‘(iv) upon good cause shown. 
‘‘(C) For purposes of this paragraph— 
‘‘(i) the term ‘incompetence’ has the 
meaning given that term in section 876b of 
this chapter (article 76b); 
‘‘(ii) the term ‘manifest’ means that 
which is unmistakable, clear, plain, or in-
disputable and requires that the opposite 
conclusion be clearly evident. 
‘‘(b) APPEAL OF DENIAL.— The applicant may ap-
peal the Judge Advocate General’s denial of the petition 
of DNA testing to the Court of Appeals for the Armed 
Forces. 
‘‘(c) EVIDENCE INVENTORY; PRESERVATION ORDER; 
APPOINTMENT OF COUNSEL.— 
‘‘(1) INVENTORY.—The Judge Advocate Gen-
eral shall order the preparation of an inventory of
337 
the evidence related to the case for which a petition 
is made under subsection (a), which shall be pro-
vided to the applicant. 
‘‘(2) PRESERVATION
ORDER.—To the extent 
necessary to carry out proceedings under this sec-
tion, the Judge Advocate General shall direct the 
preservation of the specific evidence relating to a pe-
tition under subsection (a). 
‘‘(3) APPOINTMENT OF COUNSEL.—The appli-
cant shall be eligible for representation by appellate 
defense counsel under section 870 of this chapter 
(article 70). 
‘‘(d) TESTING COSTS.—The costs of any DNA test-
ing ordered under this section shall be paid by the Govern-
ment. 
‘‘(e) TIME LIMITATION IN CAPITAL CASES.—In any 
case in which the applicant is sentenced to death— 
‘‘(1) any DNA testing ordered under this sec-
tion shall be completed not later than 60 days after 
the date on which the test is ordered by the Judge 
Advocate General; and 
‘‘(2) not later than 120 days after the date on 
which the DNA testing ordered under this section is 
completed, the Judge Advocate General shall order
338 
any post-testing procedures under subsection (f) or 
(g), as appropriate. 
‘‘(f) DISCLOSURE OF TEST RESULTS.—Reporting of 
test results shall be simultaneously disclosed to the Gov-
ernment and the applicant. 
‘‘(g) POST-TESTING PROCEDURES; INCONCLUSIVE 
AND INCULPATORY RESULTS.— 
‘‘(1) INCONCLUSIVE RESULTS.—If DNA test re-
sults obtained under this section are inconclusive, 
the Judge Advocate General may order further test-
ing, if appropriate, or may deny the applicant relief. 
‘‘(2) INCULPATORY RESULTS.—If DNA test re-
sults obtained under this section show that the ap-
plicant was the source of the DNA evidence, the 
Judge Advocate General shall— 
‘‘(A) deny the applicant relief; and 
‘‘(B) if the DNA test results relate to a 
State offense, forward the finding to any appro-
priate State official. 
‘‘(h) POST-TESTING
PROCEDURES; MOTION
FOR 
NEW TRIAL OR RESENTENCING.— 
‘‘(1) IN GENERAL.—Notwithstanding any provi-
sion of law that would bar a motion under this para-
graph as untimely, if DNA test results obtained 
under this section exclude the applicant as the
339 
source of the DNA evidence, the applicant may file 
a petition for a new trial or resentencing, as appro-
priate. 
‘‘(2) STANDARD FOR GRANTING MOTION FOR 
NEW TRIAL OR RESENTENCING.—The applicant’s pe-
tition for a new trial or resentencing, as appropriate, 
shall be granted if the DNA test results, when con-
sidered with all other evidence in the case (regard-
less of whether such evidence was introduced at 
trial), establish by compelling evidence that a new 
trial would result in the acquittal of the applicant. 
‘‘(i) RELATIONSHIP TO OTHER LAWS.— 
‘‘(1) POST-CONVICTION
RELIEF.—Nothing in 
this section shall affect the circumstances under 
which a person may obtain DNA testing or post-con-
viction relief under any other provision of law. 
‘‘(2) HABEAS CORPUS.—Nothing in this section 
shall provide a basis for relief in any Federal habeas 
corpus proceeding.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such subchapter is amended by insert-
ing after the item relating to section 873 (article 73) the 
following new item: 
‘‘873a. 73a. Petition for DNA testing.’’. 
SEC. 525. PUNITIVE ARTICLE ON VIOLENT EXTREMISM. 
(a) VIOLENT EXTREMISM.—
340 
(1) IN GENERAL.—Subchapter X of chapter 47 
of title 10, United States Code, is amended by in-
serting after section 916 (article 116 of the Uniform 
Code of Military Justice) the following new section 
(article): 
‘‘§ 916a. Art. 116a. violent extremism 
‘‘(a) PROHIBITION.—Any person subject to this chap-
ter who— 
‘‘(1) knowingly commits a covered offense 
against— 
‘‘(A) the Government of the United States; 
or 
‘‘(B) any person or class of people; 
‘‘(2)(A) with the intent to intimidate or coerce 
any person or class of people; or 
‘‘(B) with the intent to influence, affect, or re-
taliate against the policy or conduct of the Govern-
ment of the United States or any State; and 
‘‘(3) does so— 
‘‘(A) to achieve political, ideological, reli-
gious, social, or economic goals; or 
‘‘(B) in the case of an act against a person 
or class of people, for reasons relating to the 
race, religion, color, ethnicity, sex, age, dis-
ability status, national origin, sexual orienta-
341 
tion, or gender identity of the person or class 
of people concerned; 
is guilty of violent extremism and shall be punished 
as a court-martial may direct. 
‘‘(b) ATTEMPTS, SOLICITATION, AND CONSPIRACY.— 
Any person who attempts, solicits, or conspires to commit 
an offense under this section shall be punished in the same 
manner as a person who completes the offense. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) COVERED OFFENSE.—The term ‘covered 
offense’ means— 
‘‘(A) loss, damage, destruction, or wrongful 
disposition of military property of the United 
States, in violation of section 908 of this title 
(article 108); 
‘‘(B) waste, spoilage, or destruction of 
property other than military property of the 
United States, in violation of section 909 of this 
title (article 109); 
‘‘(C) communicating threats, in violation of 
section 915 of this title (article 115); 
‘‘(D) riot or breach of peace, in violation of 
section 916 of this title (article 116); 
‘‘(E) provoking speech or gestures, in vio-
lation of section 917 of this title (article 117);
342 
‘‘(F) murder, in violation of section 918 of 
this title (article 118); 
‘‘(G) manslaughter, in violation of section 
919 of this title (article 119); 
‘‘(H) larceny or wrongful appropriation, in 
violation of section 921 of this title (article 
121); 
‘‘(I) robbery, in violation of section 922 of 
this title (article 122); 
‘‘(J) kidnapping, in violation of section 
925 of this title (article 125); 
‘‘(K) assault, in violation of section 928 of 
this title (article 128); 
‘‘(L) conspiracy to commit an offense spec-
ified in any of subparagraphs (A) through (K), 
as punishable under section 881 of this title 
(article 81); 
‘‘(M) solicitation to commit an offense 
specified in any of subparagraphs (A) through 
(K), as punishable under section 882 of this 
title (article 82); or 
‘‘(N) an attempt to commit an offense 
specified in any of subparagraphs (A) through 
(K), as punishable under section 880 of this 
title (article 80).
343 
‘‘(2) STATE.—The term ‘State’ includes any 
State of the United States, the District of Columbia, 
the Commonwealth of Puerto Rico, and any other 
possession or territory of the United States.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such subchapter is amend-
ed by inserting after the item relating to section 916 
(article 116) the following new item: 
‘‘916a. 116a. Violent extremism.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply to offenses committed 
on or after such date. 
SEC. 526. CLARIFICATIONS OF PROCEDURE IN INVESTIGA-
TIONS 
OF 
PERSONNEL 
ACTIONS 
TAKEN 
AGAINST MEMBERS OF THE ARMED FORCES 
IN RETALIATION FOR PROTECTED COMMU-
NICATIONS. 
(a) IN GENERAL.—Subparagraphs (D) and (E) of 
paragraph (4) of section 1034(c) of title 10, United States 
Code, are amended to read as follows: 
‘‘(D)(i) Upon determining that an investigation of an 
allegation under paragraph (1) is warranted, the Inspector 
General making the determination shall expeditiously in-
vestigate the allegation to determine whether the protected 
communication or activity under subsection (b) was a con-
344 
tributing factor in the personnel action prohibited under 
subsection (b) that was taken or withheld (or threatened 
to be taken or withheld) against a member of the armed 
forces. 
‘‘(ii) In the case of a determination made by the In-
spector General of the Department of Defense, that In-
spector General may delegate responsibility for the inves-
tigation to an appropriate Inspector General of a military 
department. 
‘‘(iii) The member alleging the prohibited personnel 
action may use circumstantial evidence to demonstrate 
that the protected communication or activity under sub-
section (b) was a contributing factor in the personnel ac-
tion prohibited under subsection (b). Such circumstantial 
evidence may include that the person taking such prohib-
ited personnel action knew of the protected communication 
or activity, and that the prohibited personnel action oc-
curred within a period of time such that a reasonable per-
son could conclude that the communication or protected 
activity was a contributing factor in the personnel action. 
‘‘(iv) If the Inspector General determines it likelier 
than not that the member made a communication or par-
ticipated in an activity protected under subsection (b) that 
was a contributing factor in a personnel action described 
in such subsection, the Inspector General shall presume
345 
such personnel action to be prohibited under such sub-
section unless the Inspector General determines there is 
clear and convincing evidence that the same personnel ac-
tion would have occurred in the absence of such protected 
communication or activity. 
‘‘(E) If the Inspector General preliminarily deter-
mines in an investigation under subparagraph (D) that a 
personnel action prohibited under subsection (b) has oc-
curred and that such personnel action shall result in an 
immediate hardship to the member alleging the personnel 
action, the Inspector General shall promptly notify the 
Secretary of the military department concerned or the Sec-
retary of Homeland Security, as applicable, of the hard-
ship, and such Secretary shall take such action as such 
Secretary determines appropriate.’’. 
(b) TECHNICAL AMENDMENTS.—Such paragraph is 
further amended in subparagraphs (A) and (B) by striking 
‘‘subsection (h)’’ both places it appears and inserting 
‘‘subsection (i)’’. 
SEC. 527. ACTIVITIES TO IMPROVE FAMILY VIOLENCE PRE-
VENTION AND RESPONSE. 
(a) DELEGATION OF AUTHORITY TO AUTHORIZE EX-
CEPTIONAL
ELIGIBILITY
FOR
CERTAIN
BENEFITS.— 
Paragraph (4) of section 1059(m) of title 10, United 
States Code, is amended to read as follows:
346 
‘‘(4)(A) Except as provided in subparagraph (B), the 
authority of the Secretary concerned under paragraph (1) 
may not be delegated. 
‘‘(B) During the two year period following the date 
of the enactment of the National Defense Authorization 
Act for Fiscal Year 2022, the authority of the Secretary 
concerned under paragraph (1) may be delegated to an 
official at the Assistant Secretary-level or above. Any exer-
cise of such delegated authority shall be reported to the 
Secretary concerned on a quarterly basis.’’. 
(b) EXTENSION
OF REQUIREMENT
FOR ANNUAL 
FAMILY
ADVOCACY
PROGRAM
REPORT
REGARDING 
CHILD
ABUSE
AND
DOMESTIC
VIOLENCE.—Section 
574(a) of the National Defense Authorization Act for Fis-
cal Year 2017 (Public Law 114–328; 130 Stat. 2141) is 
amended by striking ‘‘April 30, 2021’’ and inserting 
‘‘April 30, 2026’’. 
(c) IMPLEMENTATION OF COMPTROLLER GENERAL 
RECOMMENDATIONS.— 
(1) IN
GENERAL.—Consistent with the rec-
ommendations set forth in the report of the Comp-
troller General of the United States titled ‘‘Domestic 
Abuse: Actions Needed to Enhance DOD’s Preven-
tion, Response, and Oversight’’ (GAO–21–289), the 
Secretary of Defense, in consultation with the Secre-
347 
taries of the military departments, shall carry out 
the activities specified in subparagraphs (A) through 
(K). 
(A) DOMESTIC
ABUSE
DATA.—Not later 
than 180 days after the date of the enactment 
of this Act, the Secretary of Defense, in con-
sultation with the Secretaries of the military de-
partments, shall carry out each of the following: 
(i) Issue guidance to the Secretaries 
of the military departments to clarify and 
standardize the process for collecting and 
reporting data on domestic abuse in the 
Armed Forces, including— 
(I) data on the numbers and 
types of domestic abuse and domestic 
violence incidents involving members 
of the Armed Forces; 
(II) the information required to 
be reported to the database on domes-
tic violence incidents under section 
1562 of title 10, United States Code; 
and 
(III) data for inclusion in the re-
ports regarding child abuse and do-
mestic violence required to be sub-
348 
mitted under section 574 of the Na-
tional Defense Authorization Act for 
Fiscal Year 2017 (Public Law 114– 
328; 130 Stat. 2141). 
(ii) Develop a quality control process 
to ensure the accurate and complete re-
porting of data on allegations of abuse in-
volving a member of the Armed Forces, in-
cluding allegations of abuse that do not 
meet the Department of Defense definition 
of domestic abuse. 
(iii) Expand the scope of any report-
ing to Congress that includes data on do-
mestic abuse in the Armed Forces to in-
clude data on and analysis of the types of 
allegations of domestic abuse. 
(B) DOMESTIC VIOLENCE AND COMMAND 
ACTION DATA.—Not later than 180 days after 
the date of the enactment of this Act, the Sec-
retary of Defense, in consultation with the Sec-
retaries of the military departments, shall— 
(i) evaluate the organizations and ele-
ments of the Department of Defense that 
are responsible for tracking domestic vio-
lence incidents and the command actions
349 
taken in response to such incidents to de-
termine if there are actions that may be 
carried out to— 
(I) 
eliminate 
gaps 
and 
redundancies in the activities of such 
organizations; 
(II) ensure consistency in the ap-
proaches of such organizations to the 
tracking of such incidents and actions; 
and 
(III) 
otherwise 
improve 
the 
tracking of such incidents and actions 
across the Department; and 
(ii) based on the evaluation under 
clause (i), clarify or adjust— 
(I) the duties of such organiza-
tions and elements; and 
(II) the manner in which such or-
ganizations and elements coordinate 
their activities. 
(C) REGULATIONS FOR VIOLATION OF CI-
VILIAN
ORDERS
OF
PROTECTION.—The Sec-
retary of Defense shall revise or issue regula-
tions (as applicable) to ensure that each Sec-
retary of a military department provides, to any
350 
member of the Armed Forces under the juris-
diction of such Secretary who is subject to a ci-
vilian order of protection, notice that the viola-
tion of such order may be punishable under 
chapter 47 of title 10, United States Code (the 
Uniform Code of Military Justice). 
(D) AGREEMENTS WITH CIVILIAN VICTIM 
SERVICE ORGANIZATIONS.— 
(i) GUIDANCE REQUIRED.—The Sec-
retary of Defense, in consultation with the 
Secretaries of the military departments, 
shall issue guidance pursuant to which per-
sonnel of a Family Advocacy Program at a 
military installation may enter into memo-
randa of understanding with qualified civil-
ian victim service organizations for pur-
poses of providing services to victims of do-
mestic abuse in accordance with clause (ii). 
(ii) CONTENTS
OF
AGREEMENT.—A 
memorandum of understanding entered 
into under clause (i) shall provide that per-
sonnel of a Family Advocacy Program at a 
military installation may refer a victim of 
domestic abuse to a qualified civilian vic-
351 
tim service organization if such personnel 
determine that— 
(I) the services offered at the in-
stallation are insufficient to meet the 
victim’s needs; or 
(II) such a referral would other-
wise benefit the victim. 
(E) SCREENING AND REPORTING OF INI-
TIAL ALLEGATIONS.—The Secretary of Defense, 
in consultation with the Secretaries of the mili-
tary departments, shall develop and implement 
a standardized process— 
(i) to ensure consistency in the man-
ner in which allegations of domestic abuse 
are screened and documented at military 
installations, including by ensuring that al-
legations of domestic abuse are docu-
mented regardless of the severity of the in-
cident; 
(ii) that uses a risk-based approach to 
consistently identify, from among such al-
legations of domestic abuse, the allegations 
that should be presented to an Incident 
Determination Committee; and
352 
(iii) to ensure consistency in the form 
and manner in which such allegations are 
presented to Incident Determination Com-
mittees. 
(F) IMPLEMENTATION AND OVERSIGHT OF 
INCIDENT DETERMINATION COMMITTEES.— 
(i) IMPLEMENTATION.—The Secretary 
of Defense, in consultation with the Secre-
taries of the military departments, shall 
ensure that Incident Determination Com-
mittees are fully implemented within each 
Armed Force. 
(ii) OVERSIGHT AND MONITORING.— 
The Secretary of Defense shall— 
(I) direct the Under Secretary of 
Defense for Personnel and Readiness 
to conduct oversight of the activities 
of the Incident Determination Com-
mittees of the Armed Forces on an 
ongoing basis; and 
(II) establish a formal process 
through which the Under Secretary 
will monitor Incident Determination 
Committees to ensure that the activi-
ties of such Committees are conducted
353 
in an consistent manner in accordance 
with the applicable policies of the De-
partment of Defense and the Armed 
Forces. 
(G) REASONABLE
SUSPICION
STANDARD 
FOR INCIDENT REPORTING.—Not later than 90 
days after the date of the enactment of the Act, 
the Secretary of Defense, in consultation with 
the Secretaries of the military departments, 
shall issue regulations— 
(i) under which the personnel of a 
Family Advocacy Program shall be re-
quired to report an allegation of domestic 
abuse to an Incident Determination Com-
mittee if there is reasonable suspicion that 
the abuse occurred; and 
(ii) that fully define and establish 
standardized 
criteria 
for 
determining 
whether an allegation of abuse meets the 
reasonable suspicion standard referred to 
in clause (i). 
(H) GUIDANCE FOR VICTIM RISK ASSESS-
MENT.—The Secretary of Defense, in consulta-
tion with the Secretaries of the military depart-
ments, shall issue guidance that—
354 
(i) identifies the risk assessment tools 
that must be used by Family Advocacy 
Program personnel to assess reports of do-
mestic abuse; and 
(ii) establishes minimum qualifications 
for the personnel responsible for using 
such tools. 
(I) IMPROVING
FAMILY
ADVOCACY
PRO-
GRAM AWARENESS CAMPAIGNS.—The Secretary 
of Defense, in consultation with the Secretaries 
of the military departments, shall develop and 
implement— 
(i) a communications strategy to sup-
port the Armed Forces in increasing 
awareness of the options and resources 
available for reporting incidents of domes-
tic abuse; and 
(ii) metrics to evaluate the effective-
ness of domestic abuse awareness cam-
paigns within the Department of Defense 
and the Armed Forces, including by identi-
fying a target audience and defining meas-
urable objectives for such campaigns. 
(J) ASSESSMENT
OF
THE
DISPOSITION 
MODEL FOR DOMESTIC VIOLENCE.—As part of
355 
the independent analysis required by section 
549C of the William M. (Mac) Thornberry Na-
tional Defense Authorization Act for Fiscal 
Year 2021 (Public Law 116–283) the Secretary 
of Defense shall include an assessment of— 
(i) the risks and consequences of the 
disposition model for domestic violence in 
effect as of the date of the enactment of 
this Act, including the risks and con-
sequences of such model with respect to— 
(I) the eligibility of victims for 
transitional compensation and other 
benefits; and 
(II) the eligibility of perpetrators 
of domestic violence to possess fire-
arms and any related effects on the 
military service of such individuals; 
and 
(ii) the feasibility and advisability es-
tablishing alternative disposition models 
for domestic violence, including an assess-
ment of the advantages and disadvantages 
of each proposed model. 
(K) FAMILY ADVOCACY PROGRAM TRAIN-
ING.—
356 
(i) TRAINING FOR COMMANDERS AND 
SENIOR
ENLISTED
ADVISORS.—The Sec-
retary of Defense, in consultation with the 
Secretaries of the military departments, 
shall— 
(I) ensure that the Family Advo-
cacy Program training provided to in-
stallation-level commanders and senior 
enlisted advisors of the Armed Forces 
meets the applicable requirements of 
the Department of Defense; and 
(II) shall provide such additional 
guidance and sample training mate-
rials as may be necessary to improve 
the consistency of such training. 
(ii) TRAINING FOR CHAPLAINS.—The 
Secretary of Defense shall— 
(I) require that chaplains of the 
Armed Forces receive Family Advo-
cacy Program training; 
(II) establish content require-
ments and learning objectives for such 
training; and 
(III) 
provide 
such 
additional 
guidance and sample training mate-
357 
rials as may be necessary to effec-
tively implement such training. 
(iii) TRAINING COMPLETION DATA.— 
The Secretary of Defense, in consultation 
with the Secretaries of the military depart-
ments, shall develop a process to ensure 
the quality and completeness of data indi-
cating whether members of the Armed 
Forces who are required to complete Fam-
ily Advocacy Program training, including 
installation-level commanders and senior 
enlisted advisors, have completed such 
training. 
(2) GENERAL IMPLEMENTATION DATE.—Except 
as otherwise provided in paragraph (1), the Sec-
retary of Defense shall complete the implementation 
of the activities specified in such paragraph by not 
later than one year after the date of the enactment 
of this Act. 
(3) QUARTERLY
STATUS
REPORT.—Not later 
than 90 days after the date of the enactment of this 
Act and on a quarterly basis thereafter until the 
date on which all of the activities specified in para-
graph (1) have been implemented, the Secretary of 
Defense shall submit to the appropriate congres-
358 
sional committees a report on the status of the im-
plementation of such activities. 
(d) IMPROVING AWARENESS REGARDING FAMILY 
ADVOCACY PROGRAMS AND OTHER SIMILAR SERVICES.— 
(1) PILOT
PROGRAM
ON
INFORMATION
FOR 
FAMILIES ENROLLING IN DEERS.—The Secretary of 
Defense shall carry out a pilot program to assess the 
feasibility and advisability of various mechanisms to 
inform military families about the Family Advocacy 
Programs and resiliency training of the Armed 
Forces during their enrollment in the Defense En-
rollment Eligibility Reporting System. The matters 
assessed by the pilot program shall include the fol-
lowing: 
(A) An option for training members of 
military families on the Family Advocacy Pro-
grams. 
(B) Mechanisms for providing such family 
members with information on— 
(i) the resources available through the 
Family Advocacy Programs of the Armed 
Forces; 
(ii) the Military OneSource program 
of the Department of Defense;
359 
(iii) resources relating to domestic 
abuse and child abuse and neglect that are 
available through local community service 
organizations; and 
(iv) the availability of the Military and 
Family Life Counseling Program. 
(C) Steps that may be taken to better in-
form such family members of the option to 
make a restricted report or an unrestricted re-
port to a Family Advocacy Program, including 
information on the difference between such re-
ports. 
(2) INFORMATION ON SERVICES FOR MILITARY 
FAMILIES.—Each Secretary of a military department 
shall ensure that a military family member who re-
ports an incident of domestic abuse or child abuse 
and neglect to a Family Advocacy Program under 
the jurisdiction of such Secretary receives com-
prehensive information, in a clear and easily under-
standable format, on the services available to such 
family member in connection with such incident. 
Such information shall include a complete guide to 
the following: 
(A) The Family Advocacy Program of the 
Armed Force or military department concerned.
360 
(B) Military law enforcement services, in-
cluding an explanation of the process that fol-
lows a report of an incident of domestic abuse 
or child abuse or neglect. 
(C) Other applicable victim services. 
(e) REPORTS ON STAFFING LEVELS FOR FAMILY AD-
VOCACY PROGRAMS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date on which the staffing tool described 
in paragraph (2) becomes operational, and on an an-
nual basis thereafter for the following five years, the 
Secretary of Defense shall submit to the appropriate 
congressional committees a report setting forth the 
following: 
(A) Military, civilian, and contract support 
staffing levels for the Family Advocacy Pro-
grams of the Armed Forces at each military in-
stallation so staffed as of the date of the report. 
(B) Recommendations for ideal staffing 
levels for the Family Advocacy Programs, as 
identified by the staffing tool. 
(2) STAFFING TOOL DESCRIBED.—The staffing 
tool described in this paragraph is a tool that— 
(A) is under development as of the date of 
the enactment of this Act pursuant to an agree-
361 
ment between the Department of Defense and 
Pennsylvania State University; and 
(B) will be used to assist the Department 
in determining adequate staffing levels for 
Family Advocacy Programs. 
(3) COMPTROLLER GENERAL REVIEW.— 
(A) IN GENERAL.—Following the submis-
sion of the first annual report required under 
paragraph (1), the Comptroller General of the 
United States shall conduct a review of the 
staffing of the Family Advocacy Programs of 
the Armed Forces. 
(B) ELEMENTS.—The review conducted 
under subparagraph (A) shall include an assess-
ment of each of the following: 
(i) The extent to which the Armed 
Forces have filled authorized billets for 
Family Advocacy program manager, clini-
cian, and victim advocate positions. 
(ii) The extent to which the Armed 
Forces have experienced challenges filling 
authorized Family Advocacy Program posi-
tions, and how such challenges, if any, 
have affected the provision of services.
362 
(iii) The extent to which the Depart-
ment of Defense and Armed Forces have 
ensured that Family Advocacy Program 
clinicians and victim advocates meet quali-
fication and training requirements. 
(iv) The extent to which the Depart-
ment of Defense has established metrics to 
evaluate the effectiveness of the staffing 
tool described in paragraph (2). 
(C) BRIEFING AND REPORT.— 
(i) BRIEFING.—Not later than one 
year following the submission of the first 
annual report required under paragraph 
(1), the Comptroller General shall provide 
to the Committees on Armed Services of 
the Senate and the House of Representa-
tives a briefing on the preliminary observa-
tions made by the Comptroller General as 
part of the review required under subpara-
graph (A). 
(ii) REPORT.—Not later than 90 days 
after the date of the briefing under clause 
(i), the Comptroller General shall submit 
to the Committees on Armed Services of 
the Senate and the House of Representa-
363 
tives a report on the results of the review 
conducted under subparagraph (A). 
(f) STUDY
AND
REPORT
ON
INITIAL
ENTRY 
POINTS.— 
(1) STUDY.—The Secretary of Defense shall 
conduct a study to identify initial entry points (in-
cluding anonymous entry points) through which mili-
tary family members may seek information or sup-
port relating to domestic abuse or child abuse and 
neglect. Such study shall include an assessment of— 
(A) points at which military families inter-
act with the Armed Forces or the Department 
of Defense through which such information or 
support may be provided to family members, in-
cluding points such as enrollment in the De-
fense Enrollment Eligibility Reporting System, 
and the issuance of identification cards; and 
(B) other existing and potential routes 
through which such family members may seek 
information or support from the Armed Forces 
or the Department, including online chat rooms, 
text-based support capabilities, and software 
applications for smartphones. 
(2) REPORT.—Not later than one year after the 
date of the enactment of this Act, the Secretary of
364 
Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representa-
tives a report setting forth the results of the study 
conducted under paragraph (1). 
(g) INSPECTOR GENERAL REPORT.—Not later than 
120 days after the date of the enactment of this Act, the 
Inspector General of the Department of Defense shall sub-
mit to the Secretary of Defense and to the Committees 
on Armed Services of the Senate and the House of Rep-
resentatives a report that— 
(1) evaluates the progress of the Secretary of 
Defense in carrying out this section; and 
(2) identifies any actions the Secretary is tak-
ing improve the practices of military installations 
with respect to the prevention and response to do-
mestic abuse and child abuse and neglect among 
military families. 
(h) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services and 
the Committee on Commerce, Science, and 
Transportation of the Senate; and
365 
(B) the Committee on Armed Services and 
the Committee on Transportation and Infra-
structure of the House of Representatives. 
(2) The term ‘‘civilian order of protection’’ has 
the meaning given that term in section 1561a of 
title 10, United States Code. 
(3) The term ‘‘disposition model for domestic 
violence’’ means the process to determine— 
(A) the disposition of charges of an offense 
of domestic violence under section 928b of title 
10, United States Code (article 128b of the 
Uniform Code of Military Justice); and 
(B) consequences of such disposition for 
members of the Armed Forces determined to 
have committed such offense and the victims of 
such offense. 
(4) The term ‘‘Incident Determination Com-
mittee’’ means a committee established at a military 
installation that is responsible for reviewing reported 
incidents of domestic abuse and determining whether 
such incidents constitute harm to the victims of such 
abuse according to the applicable criteria of the De-
partment of Defense.
366 
(5) The term ‘‘qualified civilian victim service 
organization’’ means an organization outside the De-
partment of Defense that— 
(A) is approved by the Secretary of De-
fense for the purpose of providing legal or other 
services to victims of domestic abuse; and 
(B) is located in a community surrounding 
a military installation. 
(6) The term ‘‘risk assessment tool’’ means a 
process or technology that may be used to evaluate 
a report of an incident of domestic abuse to deter-
mine the likelihood that the abuse will escalate or 
recur. 
SEC. 528. MANDATORY NOTIFICATION OF MEMBERS OF 
THE ARMED FORCES IDENTIFIED IN CERTAIN 
RECORDS OF CRIMINAL INVESTIGATIONS. 
(a) IN GENERAL.—Chapter 80 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 1567b. Mandatory notification of members of the 
armed forces and reserve components 
identified in certain records of criminal 
investigations 
‘‘(a) 
NOTIFICATION
OF
INCLUSION
MCIO 
RECORDS.—As soon as practicable after the conclusion of
367 
a criminal investigation by a military criminal investiga-
tive organization, the head of such organization shall pro-
vide, to any member or former member of the armed 
forces and reserve components who is designated in the 
records of the organization as a subject of such investiga-
tion, written notice of such designation. 
‘‘(b) INITIAL NOTIFICATION OF PREVIOUS INCLU-
SION IN MCIO RECORDS.—Not later than 180 days after 
the date of the enactment of this section, the head of each 
military criminal investigative organization shall provide, 
to any member or former member of the armed forces and 
reserve components who is designated in the records of 
the organization as a subject of a criminal investigation 
that is closed as of such date, written notice of such des-
ignation. 
‘‘(c) CONTENTS OF NOTICE.—Each notice provided 
under subsection (a) and (b) shall include the following 
information— 
‘‘(1) The date on which the member was des-
ignated as a subject of a criminal investigation in 
the records of the military criminal investigative or-
ganization. 
‘‘(2) Identification of each crime for which the 
member was investigated, including a citation to 
each provision of chapter 47 of this title (the Uni-
368 
form Code of Military Justice) that the member was 
suspected of violating, if applicable. 
‘‘(3) Instructions on how the member may seek 
removal of the record in accordance with subsection 
(d). 
‘‘(d) REMOVAL OF RECORD.—The Secretary of De-
fense shall— 
‘‘(1) establish a process through which a mem-
ber of the armed forces and reserve components who 
receives a notice under subsection (a) or (b) may re-
quest the removal of the record that is the subject 
of such notice; and 
‘‘(2) issue uniform guidance, applicable to all 
military criminal investigative organizations, speci-
fying the conditions under which such a record may 
be removed. 
‘‘(e) MILITARY CRIMINAL INVESTIGATIVE ORGANIZA-
TION DEFINED.—In this section, the term ‘military crimi-
nal investigative organization’ means any organization or 
element of the Department of Defense or an armed force 
that is responsible for conducting criminal investigations, 
including— 
‘‘(1) the Army Criminal Investigation Com-
mand; 
‘‘(2) the Naval Criminal Investigative Service;
369 
‘‘(3) the Air Force Office of Special Investiga-
tions; 
‘‘(4) the Coast Guard Investigative Service; and 
‘‘(5) the Defense Criminal Investigative Serv-
ice.’’. 
(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. Mandatory notification of members of the armed forces and reserve 
components identified in certain records of criminal investiga-
tions.’’. 
SEC. 529. AUTHORITY OF MILITARY JUDGES AND MILITARY 
MAGISTRATES TO ISSUE MILITARY COURT 
PROTECTIVE ORDERS. 
(a) JUDGE-ISSUED MILITARY COURT PROTECTIVE 
ORDERS.—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 pro-
tective orders 
‘‘(a) AUTHORITY TO ISSUE MILITARY COURT PRO-
TECTIVE ORDERS.—The President shall prescribe regula-
tions 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 regulations prescribed by the President, mili-
370 
tary judges and military magistrates shall have exclusive 
jurisdiction over the issuance, appeal, renewal, and termi-
nation 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 shall 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 De-
fense shall seek to enter into reciprocity agreements 
with State, local, territorial, and tribal civilian law 
enforcement authorities under which—
371 
‘‘(A) such authorities agree to enforce mili-
tary court protective orders; and 
‘‘(B) the Secretary agrees to enforce pro-
tective 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— 
‘‘(1) may be issued for the purpose of pro-
tecting a victim of an alleged covered offense, or a 
family member or associate of the victim, from a 
person subject to chapter 47 of this title (the Uni-
form Code of Military Justice) who is alleged to 
have committed such an offense; and 
‘‘(2) shall include— 
‘‘(A) a finding regarding whether such per-
son represents a credible threat to the physical 
safety of such alleged victim; 
‘‘(B) a finding regarding whether the al-
leged victim is an intimate partner or child of 
such person; and 
‘‘(C) if applicable, terms explicitly prohib-
iting the use, attempted use, or threatened use 
of physical force that would reasonably be ex-
pected to cause bodily injury against such inti-
mate partner or child.
372 
‘‘(d) BURDEN OF PROOF.—In determining whether 
to issue a military court protective order, a military judge 
or military magistrate shall make all relevant findings by 
a preponderance of the evidence. The burden shall be on 
the party requesting the order to produce sufficient infor-
mation to satisfy the preponderance of the evidence stand-
ard referred to in the preceding sentence. 
‘‘(e) TIMING AND MANNER OF ISSUANCE.—A mili-
tary 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 covered 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 request of qualified counsel, which may in-
clude a Special Victims’ Counsel acting on behalf of 
the victim or trial counsel acting on behalf of the 
prosecution. 
‘‘(f) DURATION
AND RENEWAL
OF PROTECTIVE 
ORDER.—
373 
‘‘(1) DURATION.—A military court protective 
order shall be issued for an initial period of up to 
180 days and may be reissued for one or more addi-
tional periods, each of which may be up to 180 days, 
in accordance with paragraph (2). 
‘‘(2) EXPIRATION AND RENEWAL.—Before the 
expiration of any period during which a military 
court protective order is in effect, a military judge 
or military magistrate shall review the order to de-
termine whether the order will terminate at the expi-
ration of such period or be reissued for an additional 
period of up to 180 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 direct that each person protected by the 
order be provided with reasonable, timely, and accu-
rate notification of the termination. 
‘‘(g) REVIEW OF MAGISTRATE-ISSUED ORDERS.— 
‘‘(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.
374 
‘‘(2) STANDARDS
OF
REVIEW.—A military 
judge who reviews an order under paragraph (1) 
shall terminate 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. 
‘‘(h) DUE PROCESS.— 
‘‘(1) PROTECTION OF DUE PROCESS.—Except 
as provided in paragraph (2), a protective order au-
thorized under subsection (a) may be issued only 
after reasonable notice and opportunity to be heard 
and to present evidence, directly 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 
basis under such rules and limitations as the Presi-
dent shall prescribe. In the case of ex parte orders, 
notice and opportunity to be heard and to present
375 
evidence must be provided within a reasonable time 
not to exceed 30 calendar days after the date on 
which the order is issued, sufficient to protect the 
respondent’s due process rights. 
‘‘(i) RIGHTS OF VICTIM.—The victim of an alleged 
covered offense who seeks a military court protective order 
has, in addition to any rights provided under section 806b 
(article 6b), the following rights with respect to any pro-
ceeding involving the protective order: 
‘‘(1) The right to reasonable, accurate, and 
timely notice of the proceeding and of any change in 
the status of the protective order resulting from the 
proceeding. 
‘‘(2) The right to be reasonably heard at the 
proceeding. 
‘‘(3) The right to appear in person, with or 
without counsel, at the proceeding. 
‘‘(4) The right be represented by qualified 
counsel in connection with the proceeding, which 
may include 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 pro-
ceeding, as applicable.
376 
‘‘(6) The right to submit a written statement, 
directly or through counsel, for consideration by the 
military judge or military magistrate presiding over 
the proceeding. 
‘‘(j) 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 possessing, receiving, or otherwise access-
ing a firearm in accordance with section 922 of 
title 18. 
‘‘(2) NOTICE TO ATTORNEYS GENERAL.— 
‘‘(A) NOTICE
OF
ISSUANCE.—Not later 
than 72 hours after the issuance of an order 
described in paragraph (1), the Secretary con-
cerned shall submit a record of the order— 
‘‘(i) to the Attorney General of the 
United States; and
377 
‘‘(ii) to the Attorney General of the 
State or Territory in which the order is 
issued. 
‘‘(B) NOTICE OF RECISSION OR EXPIRA-
TION.—Not later than 72 hours after the 
recission or expiration of an order described in 
paragraph (1), the Secretary concerned shall 
submit notice of such recission or expiration to 
the Attorneys General specified in subpara-
graph (A). 
‘‘(k) 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 a violation of such an order shall be punishable under 
such section (article). 
‘‘(l) COMMAND MATTERS.— 
‘‘(1) INCLUSION
IN
PERSONNEL
FILE.—Any 
military court protective order against a member 
shall be placed and retained in the military per-
sonnel file of the member, except that such protec-
tive order shall be removed from the military per-
sonnel file of the member if the member is acquitted 
of the offense to which the order pertains, it is de-
termined that the member did not commit the act
378 
giving rise to the protective order, or it is deter-
mined that the protective order was issued in error. 
‘‘(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 
Federal and State civilian law enforcement agencies 
as required by that section. 
‘‘(m) RELATIONSHIP
TO OTHER AUTHORITIES.— 
Nothing 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 offi-
cer’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 
Manual for Courts-Martial, 2019 edition, or any suc-
cessor rule). 
‘‘(n) DELIVERY TO CERTAIN PERSONS.—A physical 
and electronic copy of any military court protective order
379 
shall be provided, as soon as practicable after issuance, 
to the following: 
‘‘(1) The person or persons protected by the 
protective 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. 
‘‘(o) DEFINITIONS.—In this section: 
‘‘(1) CONTACT.—The term ‘contact’ includes 
contact 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 OFFENSE.—The term ‘covered 
offense’ means the following: 
‘‘(A) An alleged offense under section 920, 
920a, 920b, 920c, or 920d of this title (article 
120, 120a, 120b, 120c, or 120d of the Uniform 
Code of Military Justice).
382 
victim of an alleged covered offense, or a 
family member or associate of the victim; 
or 
‘‘(iv) actions described by any of 
clauses (i) through (iii). 
‘‘(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 pre-
scribe regulations implementing section 1567b of title 10, 
United States Code (as added by subsection (a)), by not 
later than one year after the date of the enactment of this 
Act. 
SEC. 529A. COUNTERING EXTREMISM IN THE ARMED 
FORCES. 
(a) IN GENERAL.—Part II of subtitle A of title 10, 
United States Code, is amended by adding at the end the 
following new chapter: 
‘‘CHAPTER 89—COUNTERING EXTREMISM 
‘‘1801. Office of Countering Extremism. 
‘‘1802. Training and education.
383 
‘‘1803. Data collection and analysis. 
‘‘1804. Reporting requirements. 
‘‘1805. Definitions. 
‘‘§ 1801. Office of Countering Extremism 
‘‘(a) ESTABLISHMENT.—(1) There is an Office of 
Countering Extremism (in this section referred to as the 
‘Office’) within the Office of the Under Secretary of De-
fense for Personnel and Readiness. 
‘‘(2) The Office shall be headed by the Director of 
Countering Extremism (in this chapter referred to as the 
‘Director’), who shall be appointed by the Secretary of De-
fense, in consultation with the Secretary of Homeland Se-
curity, and report directly to the Under Secretary of De-
fense for Personnel and Readiness and the Secretary. 
‘‘(b) DUTIES.—The Director shall— 
‘‘(1) be responsible for policy of countering ex-
tremism within the armed forces; 
‘‘(2) in coordination with the Secretaries of the 
military departments, develop and implement pro-
grams, resources, and activities to counter extre-
mism within the armed forces; 
‘‘(3) establish policies to ensure adequate pro-
tection, transparency of process, and availability of 
resources for individuals who report incidents of ex-
tremism; 
‘‘(4) facilitate and coordinate with the Secre-
taries of the military departments, law enforcement
384 
organizations, security organizations, and insider 
threat programs in the armed forces; 
‘‘(5) engage and interact with, and solicit rec-
ommendations from, outside experts on extremism; 
‘‘(6) coordinate with— 
‘‘(A) the Under Secretary for Defense for 
Intelligence and Security; and 
‘‘(B) the Deputy Inspector General of the 
Department of Defense for Diversity and Inclu-
sion and Supremacist, Extremism and Criminal 
Gang Activity; and 
‘‘(7) perform any additional duties prescribed 
by the Secretary of Defense, in consultation with the 
Secretary of Homeland Security. 
‘‘§ 1802. Training and education 
‘‘(a) IN GENERAL.—The Secretary of each military 
department, in coordination with the Director, shall de-
velop and implement training and education programs and 
related materials to assist members of the armed forces 
and civilian employees of the armed forces in identifying, 
preventing, responding to, reporting, and mitigating the 
risk of extremism. 
‘‘(b) EXTREMIST INSIDER THREAT TRAINING.—(1) 
The training and education programs and materials de-
385 
scribed in subsection (a) shall include information on the 
following: 
‘‘(A) What constitutes an extremist insider threat. 
‘‘(B) Risks posed by extremist insider threats. 
‘‘(C) How to identify extremist insider threats. 
‘‘(D) How to recognize when an individual is being 
influenced by extremism or targeted for recruitment by ex-
tremist groups. 
‘‘(E) Information about procedures on when and how 
to report detected extremist insider threats. 
‘‘(F) Resources for reporting outside the chain of 
command. 
‘‘(G) Media literacy training. 
‘‘(H) Whistleblower protections. 
‘‘(I) Such other information as may be required by 
the Secretary of Defense, in consultation with the Sec-
retary of Homeland Security. 
‘‘(2) The Secretary of Defense, in consultation with 
the Secretary of Homeland Security, shall provide the 
training and education described in subsection (a) as part 
of each of the following: 
‘‘(A) Initial entry training for members of the 
armed forces. 
‘‘(B) Curricula of—
386 
‘‘(i) the United States Army Training and 
Doctrine Command; 
‘‘(ii) the Naval Education and Training 
Command; 
‘‘(iii) the Air Education and Training 
Command; 
‘‘(iv) all pre-commissioning programs of 
the Department of Defense; 
‘‘(v) the military service academies; 
‘‘(vi) the Coast Guard Education and 
Training Quota Management Command; 
‘‘(vii) the Coast Guard Academy; and 
‘‘(viii) all pre-commissioning programs of 
the Coast Guard. 
‘‘(C) Certification courses required for members 
or officers to be considered for promotion to any 
grade above E–5, WO–5 (WO-3, in the case of the 
Coast Guard), or O–5. Such members and officers 
shall also receive training regarding— 
‘‘(i) how to identify emerging extremist in-
sider threat behaviors in a unit; and 
‘‘(ii) procedures on when and how to re-
spond when a subordinate reports a suspected 
extremist insider threat.
387 
‘‘(3) The Secretary of Defense, in consultation 
with the Secretary of Homeland Security, shall in-
clude the information described in paragraph (1) in 
brochures, posters, print and online publications, or 
other educational materials of the armed forces. 
‘‘(c) RECRUITER TRAINING.—The Secretary of each 
military department, in coordination with the Director, 
shall coordinate with the recruiting activities and organi-
zation of the armed forces to develop and carry out a 
training program for recruiters on how to— 
‘‘(1) identify indicators of extremism in poten-
tial recruits; 
‘‘(2) identify members of extremist organiza-
tions in potential recruits; and 
‘‘(3) screen potential recruits for extremist ties 
to ensure potential recruits comply with enlistment, 
accession, or commissioning requirements. 
‘‘§ 1803. Data collection and analysis 
‘‘(a) IN GENERAL.—The Director shall— 
‘‘(1) establish and maintain a database on ex-
tremist activities in the armed forces; and 
‘‘(2) ensure the data collected across the mili-
tary departments is uniform to the maximum extent 
practicable.
388 
‘‘(b) RECORDS.—The database established in sub-
section (a) shall include records on— 
‘‘(1) each incident, complaint, or allegation of 
extremism by a member or civilian employee of the 
armed forces, including— 
‘‘(A) the extremist behavior related to the 
incident, complaint, or allegation; 
‘‘(B) the rank, race, gender, and ethnicity 
of the individuals involved in the incident, com-
plaint, or allegation; 
‘‘(C) each Federal agency involved in in-
vestigating the incident, complaint, or allega-
tion; 
‘‘(D) any investigation of the incident, 
complain, or allegation; 
‘‘(E) any action taken by a commander or 
supervisor in response to the incident, com-
plaint, or allegation; 
‘‘(F) any adverse administrative personnel 
action or punitive action related to the incident, 
complaint, or allegation, including details of the 
type of action initiated and the final disposition 
of such action;
389 
‘‘(G) descriptions of an ideology, move-
ment, or extremist group associated with the in-
cident, complaint, or allegation; and 
‘‘(H) records submitted or collected re-
garding administrative or punitive action re-
ferred to in subsection (F). 
‘‘(2) each notification from the Federal Bureau 
of Investigation to the Secretary of Defense, the 
Secretary of Homeland Security, or a law enforce-
ment agency (if in the possession of either such Sec-
retary), of investigations related to extremism of 
current and former members of the armed forces, 
unless such reporting would jeopardize public safety 
or compromise an ongoing law enforcement inves-
tigation; 
‘‘(3) responses related to questions about extre-
mism on surveys, questionnaires, command climate 
surveys, transition checklists, exit surveys, and other 
information gathering sources; 
‘‘(4) each involuntary separation or denial of 
enlistment or commissioning on the basis of extre-
mism; 
‘‘(5) each security clearance revoked on the 
basis of extremism; and
390 
‘‘(6) any other requirements prescribed by the 
Secretary of Defense, in consultation with the Sec-
retary of Homeland Security. 
‘‘(c) COORDINATION.—Each Secretary of a military 
department shall collect records described in subsection 
(b) and provide them to the Director. 
‘‘§ 1804. Reporting requirements 
‘‘(a) ANNUAL REPORT.—Not later than December 1 
of each year, the Director shall submit to Congress a re-
port on the prevalence of extremist activities within the 
armed forces that includes the number of individuals— 
‘‘(1) determined ineligible to serve in the Armed 
Forces during the preceding fiscal year by reason of 
engagement in extremist activities; 
‘‘(2) separated from the Armed Forces during 
the preceding fiscal year by reason of engagement in 
extremist activities; 
‘‘(3) determined ineligible to reenlist in the 
armed forces during the preceding fiscal year by rea-
son of engagement in extremist activities; 
‘‘(4) whose security clearances were revoked 
during the preceding fiscal year by reason of engage-
ment in extremist activities; 
‘‘(5) statistics of incidents, complaints, and alle-
gations recorded under section 1803(b)—
391 
‘‘(A) disaggregated data by armed force, 
race, gender, ethnicity, grade, and rank; and 
‘‘(B) with any personally identifiable infor-
mation redacted; 
‘‘(6) regulations prescribed to counter extre-
mism in the armed forces; and 
‘‘(7) any recommendations to Congress for re-
lated legislative actions to address extremism within 
the armed forces. 
‘‘(b) PUBLICATION.—The Secretary of Defense 
shall— 
‘‘(1) publish on an appropriate publicly avail-
able website of the Department of Defense the re-
ports required by subsection (a); and 
‘‘(2) ensure that any data included with each 
such report is made available in a machine-readable 
format that is downloadable, searchable, and sort-
able. 
‘‘§ 1805. Definitions 
‘‘In this chapter: 
‘‘(1) The terms ‘extremist activities’ and ‘ex-
tremist organization’ have the meanings prescribed 
by the Secretary of Defense. 
‘‘(2) The term ‘extremist insider threat’ means 
a member or civilian employee of the armed forces
392 
with access to Government information, systems, or 
facilities, who— 
‘‘(A) can use such access to do harm to the 
security of the United States; and 
‘‘(B) exhibits extremist behaviors.’’. 
(b) TECHNICAL AMENDMENT.—The table of chapters 
for part II of subtitle A of such title 10 is amended by 
inserting, after the item relating to chapter 88, the fol-
lowing new item: 
‘‘89. Countering Extremism ..................................................................... 1801’’. 
(c) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations under chapter 89 of such title (in-
cluding definitions under section 1805 of such title), as 
added by subsection (a), not later than 60 days after the 
date of the enactment of this Act. 
(d) PROGRESS REPORT.—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 Serv-
ices of the Senate and House of Representatives a report 
on the status of the implementation of chapter 89 of such 
title, as added by subsection (a). 
(e) PROHIBITION ON EXTREMIST ACTIVITIES.— 
(1) PROHIBITION.—Chapter 39 of title 10, 
United States Code, is amended by inserting after 
section 985 the following new section:
393 
‘‘§ 986. Prohibition on extremist activities 
‘‘(a) PROHIBITION.—An individual who engages in 
extremist activities or is a member of an extremist organi-
zation may not serve as a member of the armed forces. 
‘‘(b) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations regarding the separation of a mem-
ber of the armed forces who engages in extremist activities 
or is a member of an extremist organization. 
‘‘(c) DEFINITIONS.—In this section, the terms ‘ex-
tremist activities’ and ‘extremist organization’ have the 
meanings given such terms in section 1805 of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 985 
the following new item: 
‘‘986. Prohibition on extremist activities.’’. 
(f) PROVISION OF INFORMATION REGARDING EX-
TREMIST GROUPS
IN TRANSITION ASSISTANCE PRO-
GRAM.—Section 1142(b) of title 10, United States Code, 
is amended by adding at the end the following new para-
graph (20): 
‘‘(20) Information about efforts of extremist 
groups to recruit former members of the armed 
forces, including how a member may report such ef-
forts to the Secretary concerned.’’.
394 
(g) AUTHORITY
TO UTILIZE ONLINE EXTREMIST 
CONTENT AS CAUSE FOR SEPARATION FROM AN ARMED 
FORCE.—Chapter 3 of title 10, United States Code, is 
amended by adding at the end the following new section: 
‘‘§ 130l. Authority to utilize online extremist content 
as cause for separation from an armed 
force 
‘‘The Secretary concerned may use content knowingly 
shared, disseminated, or otherwise made available online 
(including on social media platforms and accounts) by an 
individual who serves in an armed force that expresses 
support for extremist activities (as that term is defined 
in section 1804 of this title) as cause for involuntary sepa-
ration from an armed force.’’. 
(h) COORDINATION OF DIRECTOR OF COUNTERING 
EXTREMISM WITH DEPUTY INSPECTOR GENERAL RE-
GARDING SUPREMACIST, EXTREMIST, OR CRIMINAL GANG 
ACTIVITY IN THE ARMED FORCES.—Section 554(a)(3) of 
the William M. (Mac) Thornberry National Defense Au-
thorization Act for Fiscal Year 2021 (Public Law 116– 
283) is amended by adding at the end the following new 
subparagraph: 
‘‘(E) The Director of Countering Extre-
mism.’’.
395 
(i) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the day that the Secretary 
of Defense prescribes regulations under subsection (c). 
SEC. 529B. REFORM AND IMPROVEMENT OF MILITARY 
CRIMINAL INVESTIGATIVE ORGANIZATIONS. 
(a) EVALUATION
AND PLAN
FOR REFORM.—Not 
later than one year after the date of the enactment of this 
Act, each Secretary concerned shall— 
(1) complete an evaluation of the effectiveness 
of the military criminal investigative organizations 
under the jurisdiction of such Secretary: and 
(2) submit to the Secretary of Defense and the 
Committees on Armed Services of the Senate and 
the House of Representatives a report that in-
cludes— 
(A) the results of the evaluation conducted 
under paragraph (1); and 
(B) based on such results, a proposal for 
reforming such military criminal investigative 
organizations to ensure that the organizations 
effectively meet the demand for complex inves-
tigations and other emerging mission require-
ments. 
(b) IMPLEMENTATION PLAN.—
396 
(1) IN
GENERAL.—Not later than two years 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the appropriate 
congressional committees a plan to implement the 
reforms to military criminal investigative organiza-
tions proposed by the Secretaries concerned under 
subsection (a) to ensure each such organization is 
capable of professionally investigating criminal mis-
conduct under its jurisdiction. 
(2) ELEMENTS.—The plan under paragraph (1) 
shall include the following: 
(A) The requirements that military crimi-
nal investigative organizations must meet to ef-
fectively carry out criminal investigative and 
other law enforcement missions in 2022 and 
subsequent years. 
(B) The resources that will be needed to 
ensure that each military criminal investigative 
organization can achieve its mission. 
(C) An analysis of factors affecting the 
performance of military criminal investigate or-
ganizations, including— 
(i) whether appropriate technological 
investigative tools are available and acces-
sible to such organizations; and
397 
(ii) whether the functions of such or-
ganizations would be better supported by 
civilian rather than military leadership. 
(D) For each military criminal investiga-
tive organization— 
(i) the number of military personnel 
assigned to such organization; 
(ii) the number of civilian personnel 
assigned to such organization; and 
(iii) the functions of such military and 
civilian personnel. 
(E) A description of any plans of the Sec-
retary to develop a more professional workforce 
of military and civilian investigators. 
(F) A proposed timeline for the reform of 
the military investigative organizations. 
(G) An explanation of the potential bene-
fits of such reforms, including a description 
of— 
(i) specific improvements that are ex-
pected to result from the reforms; and 
(ii) whether the reforms will improve 
information sharing across military crimi-
nal investigative organizations.
398 
(H) With respect to the military criminal 
investigative organizations of the Army, an ex-
planation of how the plan will— 
(i) address the findings of the report 
of the Fort Hood Independent Review 
Committee, dated November 6, 2020; and 
(ii) coordinate with any other internal 
reform efforts of the Army. 
(c) LIMITATION ON THE CHANGES TO TRAINING LO-
CATIONS.—In carrying out this section, the Secretary of 
Defense may not change the locations at which military 
criminal investigative training is provided to members of 
military criminal investigative organizations until— 
(1) the implementation plan under subsection 
(b) is submitted to the appropriate congressional 
committees; and 
(2) a period of 60 days has elapsed following 
the date on which the Secretary notifies the congres-
sional defense committees of the Secretary’s intent 
to move such training to a different location. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means—
399 
(A) the Committee on Armed Services and 
the Committee on Commerce, Science, and 
Transportation of the Senate; and 
(B) the Committee on Armed Services and 
the Committee on Transportation and Infra-
structure of the House of Representatives. 
(2) The term ‘‘military criminal investigative 
organization’’ means each organization or element of 
the Department of Defense or the Armed Forces 
that is responsible for conducting criminal investiga-
tions, including— 
(A) the Army Criminal Investigation Com-
mand; 
(B) the Naval Criminal Investigative Serv-
ice; 
(C) the Air Force Office of Special Inves-
tigations; 
(D) the Coast Guard Investigative Service; 
and 
(E) the Defense Criminal Investigative 
Service. 
(3) The term ‘‘Secretary concerned’’ has the 
meaning given that term in section 101(a)(9) of title 
10, United States Code.
400 
SEC. 529C. MEASURES TO IMPROVE THE SAFETY AND SECU-
RITY OF MEMBERS OF THE ARMED FORCES. 
(a) COMPREHENSIVE REVIEW OF MISSING PERSONS 
REPORTING.—The Secretary of Defense shall instruct the 
Secretary of each military department to undertake a com-
prehensive review of the policies and procedures of such 
military department for reporting members of the Armed 
Forces absent without leave, on unauthorized absence, or 
missing. 
(b) REVIEW
OF
INSTALLATION-LEVEL
PROCE-
DURES.—The commander of each military installation 
shall— 
(1) direct each military installation under its 
command to review its policies and procedures for 
carrying out the reporting activities described under 
subsection (a); and 
(2) update such installation-level policies and 
procedures with a view towards force protection, en-
hanced security for members of the Armed Forces 
living on base, and prioritizing reporting at the ear-
liest reasonable time to local law enforcement at all 
levels, and Federal law enforcement field offices with 
overlapping jurisdiction with that installation, when 
a member is determined to be missing. 
(c) INSTALLATION-SPECIFIC
REPORTING
PROTO-
COLS.—
401 
(1) IN
GENERAL.—The commander of each 
military installation shall establish a protocol for 
sharing information with local and Federal law en-
forcement agencies about members of the Armed 
Forces that are absent without leave, on unauthor-
ized absence, or missing. The protocol shall provide, 
by memorandum of understanding or otherwise, for 
the commander to notify all local and Federal law 
enforcement agencies with jurisdiction over the im-
mediate area of the military installation— 
(A) immediately when the status of a 
member assigned to such installation has been 
changed to absent without leave, on unauthor-
ized absence, or missing (including whether the 
commander determines that such member has a 
violent intent, based on criteria including 
whether a firearm is missing from such military 
installation); and 
(B) of the status of a member described in 
subparagraph (A), not less than once per week 
after notification under such subparagraph, 
until the commander changes the status of such 
member. 
(2) REPORTING
TO
MILITARY
INSTALLATION 
COMMAND.—The commander of each military instal-
402 
lation shall submit the protocol established pursuant 
to paragraph (1) to the relevant military installation 
command. 
(d) REPORT OF CHIEF OF NATIONAL GUARD BU-
REAU.—Not later than March 1, 2022, the Chief of the 
National Guard Bureau shall submit to the Committees 
on Armed Services and on the Judiciary of the Senate and 
House of Representatives, a report on the feasibility of 
implementing subsections (a), (b), and (c), with regards 
to facilities of the National Guard. Such report shall in-
clude a proposed timeline for such implementation and 
recommendations of the Chief. 
SEC. 529D. DISTRIBUTION OF INFORMATION ON THE AVAIL-
ABILITY OF CIVILIAN VICTIM SERVICES. 
(a) INFORMATION DISTRIBUTION.—Not later than 
180 days after the date of the enactment of this Act, the 
Secretary of Defense shall— 
(1) require each military legal service provider 
to provide, to each victim referred to such provider, 
a list of approved civilian victim service organiza-
tions from which the victim may seek legal assist-
ance, legal representation, or other legal services; 
and 
(2) direct the Sexual Assault Prevention and 
Response Office of the Department of Defense to
403 
carry out activities to ensure the widespread dis-
tribution, throughout the Department, of informa-
tion on the availability of services from civilian vic-
tim service organizations. 
(b) APPROVAL OF ORGANIZATIONS.—The Secretary 
of Defense, acting through the Sexual Assault Prevention 
and Response Office of the Department of Defense, shall 
establish criteria for the approval of civilian victim service 
organizations for inclusion on the list described in sub-
section (a)(1). 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘civilian victim service organiza-
tion’’ means an organization outside the Department 
of Defense that is approved by the Secretary of De-
fense for the purpose of providing legal assistance, 
legal representation, or other legal services directly 
to a victim. 
(2) The term ‘‘military legal service provider’’ 
means an individual or organization within the De-
partment of Defense authorized to provide legal as-
sistance, legal representation, or other legal services 
directly to a victim. 
(3) The term ‘‘victim’’ means the victim of an 
offense under chapter 47 of title 10, United States 
Code (the Uniform Code of Military Justice).
404 
SEC. 529E. REPORT ON MANDATORY RESTITUTION. 
Not later than April 30, 2022, the Secretary of De-
fense shall submit to the Committees on Armed Services 
of the Senate and the House of Representatives a report 
on the Department’s progress in evaluating the feasibility 
and advisability of authorizing mandatory restitution as 
a component of the sentence for a conviction of an offense 
under chapter 47 of title 10, United States Code (the Uni-
form Code of Military Justice). 
SEC. 529F. EXCLUSION OF EVIDENCE OBTAINED WITHOUT 
PRIOR AUTHORIZATION. 
Section 271 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(d) Notwithstanding any other provision of law, any 
information obtained by or with the assistance of a mem-
ber of the Armed Forces in violation of section 1385 of 
title 18, shall not be received in evidence in any trial, hear-
ing, or other proceeding in or before any court, grand jury, 
department, officer, agency, regulatory body, legislative 
committee, or other authority of the United States, a 
State, or a political subdivision thereof.’’. 
SEC. 529G. REPORT ON DEMOGRAPHICS OF MILITARY PO-
LICE AND SECURITY FORCES CITATIONS. 
(a) IN GENERAL.—Not later than March 1 of each 
year, the Secretary of Defense, in coordination with each
405 
Secretary of a military department, shall submit to the 
congressional defense committees a report on the demo-
graphics of citations issued by the military police and 
other security forces of each Armed Force. 
(b) ELEMENTS.—The report required by subsection 
(a) shall include each of the following elements: 
(1) The number of security citations issued in 
each Armed Force in the preceding fiscal year, 
disaggregated by— 
(A) the offense for which the citation was 
issued; 
(B) the race, gender, and ethnicity of the 
individual who was issued the citation; and 
(C) the race, gender, and ethnicity of the 
individual who issued the citation. 
(2) An assessment of any disparities in race, 
gender, and ethnicity in citations issued to individ-
uals in the preceding fiscal year. 
(3) An assessment of any disparities in race, 
gender, and ethnicity in citations issued by individ-
uals in the preceding fiscal year, including consider-
ation of the race, gender, and ethnicity of the indi-
vidual to whom the citation was issued.
406 
(4) An assessment of any trends in disparities 
in race, gender, and ethnicity in citations over the 
preceding ten fiscal years. 
(5) Actions taken in the preceding fiscal by the 
Secretary of Defense and each Secretary of a mili-
tary department to address any disparities in race, 
gender, or ethnicity in citations issued to individuals. 
(6) A plan to reduce any disparities in race, 
gender, or ethnicity in citations issued to individuals 
during the fiscal year in which the report is sub-
mitted. 
(c) PUBLICATION.—The Secretary of Defense shall— 
(1) publish on an appropriate publicly available 
website of the Department of Defense the reports re-
quired by subsection (a); and 
(2) ensure that any data included with each 
such report is made available in a machine-readable 
format that is downloadable, searchable, and sort-
able. 
(d) TERMINATION.—The requirement under this sec-
tion shall terminate on December 31, 2026.
407 
Subtitle D—Implementation of Rec-
ommendations 
of 
the 
Inde-
pendent Review Commission on 
Sexual Assault in the Military 
SEC. 531. SHORT TITLE. 
This subtitle may be cited as the ‘‘IRC implementa-
tion Act of 2021’’. 
PART 1—SPECIAL VICTIM PROSECUTORS AND 
SPECIAL VICTIM OFFENSES 
SEC. 532. SPECIAL VICTIM PROSECUTORS. 
(a) IN GENERAL.—Subchapter V of chapter 47 of 
title 10, United States Code, is amended by inserting after 
section 824 (article 24 of the Uniform Code of Military 
Justice) the following new section: 
‘‘§ 824a. Art. 24a. Special victim prosecutors 
‘‘(a) DETAIL OF SPECIAL VICTIM PROSECUTORS AND 
ASSISTANT SPECIAL VICTIM PROSECUTORS.—Each Sec-
retary concerned shall detail— 
‘‘(1) one commissioned officer from each armed 
force under the jurisdiction of such Secretary to 
serve as the special victim prosecutor of that armed 
force; and 
‘‘(2) such number of assistant special victim 
prosecutors as the Secretary considers appropriate 
to assist such special victim prosecutor.
408 
‘‘(b) QUALIFICATIONS.— 
‘‘(1) QUALIFICATIONS
OF
SPECIAL
VICTIM 
PROSECUTORS.—A special victim prosecutor shall be 
a commissioned officer of the armed forces who— 
‘‘(A) is in the grade of O–6 or higher; 
‘‘(B) is a judge advocate; 
‘‘(C) is a member of the bar of a Federal 
court or a member of the bar of the highest 
court of a State; and 
‘‘(D) is certified to be qualified, by reason 
of education, training, experience, and tempera-
ment, for duty as a special victim prosecutor. 
‘‘(2) QUALIFICATIONS OF ASSISTANT SPECIAL 
VICTIM PROSECUTORS.—An assistant special victim 
prosecutor shall be a commissioned officer of the 
armed forces who— 
‘‘(A) has at least five years of criminal jus-
tice experience; 
‘‘(B) is a judge advocate; 
‘‘(C) is a member of the bar of a Federal 
court or a member of the bar of the highest 
court of a State; and 
‘‘(D) is certified to be qualified, by reason 
of education, training, experience, and tempera-
409 
ment, for duty as an assistant special victim 
prosecutor. 
‘‘(c) DUTIES AND AUTHORITIES.— 
‘‘(1) IN GENERAL.—Special victim prosecutors 
and assistant special victim prosecutors shall carry 
out the duties described in this chapter and any 
other duties prescribed by the Secretary of Defense, 
in consultation with the Secretary of Homeland Se-
curity, by regulation. 
‘‘(2) CLARIFICATION OF AUTHORITY OF ASSIST-
ANT SPECIAL VICTIM PROSECUTORS.—Except as oth-
erwise expressly provided in this chapter, an assist-
ant special victim prosecutor shall have the same au-
thorities granted to a special victim prosecutor 
under this chapter. 
‘‘(3) DETERMINATION OF SPECIAL VICTIM OF-
FENSE; RELATED CHARGES.— 
‘‘(A) AUTHORITY.—A special victim pros-
ecutor shall have exclusive authority to deter-
mine if an offense is a special victim offense 
and shall, upon completion of a relevant inves-
tigation, exercise authority over any such of-
fense in accordance with this chapter. 
‘‘(B) RELATED
OFFENSES.—If a special 
victim prosecutor determines that an offense is
410 
a special victim offense, the special victim pros-
ecutor may also exercise authority over any re-
ported offense that the special victim prosecutor 
determines to be related to the special victim 
offense and any other reported offense by the 
person alleged to have committed a special vic-
tim offense. 
‘‘(4) DISMISSAL; PREFERRAL; REFERRAL; PLEA 
BARGAINS.—Subject to paragraph (5), with respect 
to charges and specifications alleging any offense 
over which a special victim prosecutor exercises au-
thority, a special victim prosecutor shall have exclu-
sive authority to, in accordance with this chapter— 
‘‘(A) make a determination that is binding 
on the convening authority to prefer or refer 
the charges and specifications for trial by a spe-
cial or general court-martial; 
‘‘(B) on behalf of the Government, dismiss 
the charges and specifications or make a motion 
to dismiss the charges and specifications; 
‘‘(C) enter into a plea agreement; and 
‘‘(D) determine if an ordered rehearing is 
impracticable. 
‘‘(5) DEFERRAL TO CONVENING AUTHORITY.—
411 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), if a special victim prosecutor 
exercises authority over an offense and elects 
not to prefer charges and specifications for such 
offense or, with respect to charges and speci-
fications for such offense preferred by a person 
other than a special victim prosecutor, elects 
not to refer such charges and specifications, a 
convening authority may exercise any of the au-
thorities of the convening authority under this 
chapter with respect to such offense. 
‘‘(B) EXCEPTION.—In exercising authority 
under with respect to an offense described in 
subparagraph (A), a convening authority may 
not refer charges and specifications for a spe-
cial victim offense for trial by special or general 
court-martial. 
‘‘(d) RELEVANT INVESTIGATION DEFINED.—In this 
section, the term ‘relevant investigation’ means an inves-
tigation into an alleged offense under this chapter that 
is conducted by the Federal Government or a State, local, 
or Tribal law enforcement organization.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of subchapter V of chapter 47 of title 
10, United States Code (the Uniform Code of Military
412 
Justice), is amended by inserting after the item relating 
to section 824 (article 24) the following new item: 
‘‘824a. Art. 24a. Special victim prosecutors.’’. 
SEC. 533. DEPARTMENT OF DEFENSE POLICIES WITH RE-
SPECT TO SPECIAL VICTIM PROSECUTORS 
AND ESTABLISHMENT OF OFFICES OF SPE-
CIAL VICTIM PROSECUTORS WITHIN MILI-
TARY DEPARTMENTS. 
(a) IN GENERAL.—Chapter 53 of title 10, United 
States Code, is amended by inserting after section 1044e 
the following new section: 
‘‘§ 1044f. Special victim prosecutors: Department of 
Defense policies; establishment of Offices 
of Special Victim Prosecutors 
‘‘(a) POLICIES REQUIRED.—The Secretary of De-
fense shall establish policies with respect to the appro-
priate mechanisms and procedures that the Secretaries of 
the military departments shall establish and carry out re-
lating to the activities of special victim prosecutors, includ-
ing expected milestones for the Secretaries to fully imple-
ment such mechanisms and procedures. 
‘‘(b) MILITARY DEPARTMENT OFFICES OF SPECIAL 
VICTIM PROSECUTORS.— 
‘‘(1) ESTABLISHMENT.—Each Secretary of a 
military department shall establish within the office 
of such Secretary an Office of Special Victim Pros-
413 
ecutors. The head of each such Office of Special Vic-
tim Prosecutors shall be a general or flag officer of 
the Judge Advocate General’s Corps an armed force 
under the jurisdiction of such Secretary and shall re-
port directly to the Secretary concerned without in-
tervening authority. 
‘‘(2) ASSIGNMENT
OF
SPECIAL
VICTIM
PROS-
ECUTORS.—Notwithstanding section 806 of this title 
(article 6) each special victim prosecutor and assist-
ant special victim prosecutor detailed by a Judge 
Advocate General of a military department shall be 
assigned to an Office of Special Victim Prosecutors 
established by such Secretary.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 53 of title 10, United States 
Code, is amended by inserting after the item relating to 
section 1044e the following new item: 
‘‘1044f. Special victim prosecutors: Department of Defense policies; establish-
ment of Offices of Special Victim Prosecutors.’’. 
SEC. 534. DEFINITIONS OF MILITARY MAGISTRATE, SPE-
CIAL VICTIM OFFENSE, AND SPECIAL VICTIM 
PROSECUTOR. 
Section 801 of title 10, United States Code (article 
1 of the Uniform Code of Military Justice), is amended— 
(1) by inserting after paragraph (10) the fol-
lowing new paragraph:
414 
‘‘(11) The term ‘military magistrate’ means a 
commissioned officer certified for duty as a military 
magistrate in accordance with section 826a of this 
title (article 26a).’’. 
(2) by adding at the end the following new 
paragraphs: 
‘‘(17) The term ‘special victim offense’ means— 
‘‘(A) an offense under section 917a (article 
117a), section 919a (article 119a), section 919b 
(article 119b), section 920 (article 120), section 
925 (article 125), section 920b (article 120b), 
section 920c (article 120c), section 920d (arti-
cle 120d), section 928b (article 128b), section 
930 (article 130), section 932 (article 132), or 
section 934 (article 134) (as it relates to child 
pornography, pandering, and prostitution) of 
this title; 
‘‘(B) any offense under this chapter in a 
case in which the victim of the offense was a 
child who had not attained the age of 18 years 
as of the date of the offense; 
‘‘(C) a conspiracy to commit an offense 
specified in subparagraph (A) or (B) as punish-
able under section 881 of this title (article 81);
415 
‘‘(D) a solicitation to commit an offense 
specified in subparagraph (A) or (B) as punish-
able under section 882 of this title (article 82); 
‘‘(E) an attempt to commit an offense 
specified in subparagraph (A), (B), (C), or (D) 
as punishable under section 880 of this title 
(article 80); or 
‘‘(18) The term ‘special victim prosecutor’ 
means a judge advocate detailed as the special vic-
tim prosecutor of an armed force in accordance with 
section 824a(a)(1) of this title (article 24a(a)(1)). 
‘‘(19) The term ‘assistant special victim pros-
ecutor’ means a judge advocate detailed as an assist-
ant special victim prosecutor in accordance with sec-
tion 824a(a)(2) of this title (article 24a(a)(2)).’’. 
SEC. 535. CLARIFICATION RELATING TO WHO MAY CON-
VENE COURTS-MARTIAL. 
(a) GENERAL COURTS-MARTIAL.—Section 822(b) of 
title 10, United States Code (article 22(b) of the Uniform 
Code of Military Justice), is amended— 
(1) by striking ‘‘If any’’ and inserting ‘‘(1) If 
any’’; and 
(2) by adding at the end the following new 
paragraph:
416 
‘‘(2) A commanding officer shall not be considered 
an accuser solely due to the role of the commanding officer 
in convening a general court-martial to which charges and 
specifications were referred by a special victim prosecutor 
in accordance with this chapter.’’. 
(b) SPECIAL COURTS-MARTIAL.—Section 823(b) of 
title 10, United States Code (article 23(b) of the Uniform 
Code of Military Justice), is amended— 
(1) by striking ‘‘If any’’ and inserting ‘‘(1) If 
any’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) A commanding officer shall not be considered 
an accuser solely due to the role of the commanding officer 
in convening a special court-martial to which charges and 
specifications were referred by a special victim prosecutor 
in accordance with this chapter.’’. 
SEC. 536. DETAIL OF TRIAL COUNSEL. 
Section 827 of title 10, United States Code (article 
27 of the Uniform Code of Military Justice), is amended 
by adding at the end the following new subsection: 
‘‘(e) For each general and special court-martial for 
which charges and specifications were referred by a special 
victim prosecutor—
417 
‘‘(1) a special victim prosecutor or an assistant 
special victim prosecutor shall be detailed as trial 
counsel; 
‘‘(2) a special victim prosecutor may detail a 
special victim prosecutor or an assistant special vic-
tim prosecutor as an assistant trial counsel; and 
‘‘(3) a special victim prosecutor may request 
that a counsel other than a special victim prosecutor 
or assistant special victim prosecutor be detailed as 
an assistant trial counsel.’’. 
SEC. 537. PRELIMINARY HEARING. 
(a) DETAIL OF HEARING OFFICER; WAIVER.—Sub-
section (a)(1) of section 832 of title 10, United States 
Code (article 32 of the Uniform Code of Military Justice), 
is amended— 
(1) in subparagraph (A), by striking ‘‘hearing 
officer’’ and all that follows and inserting ‘‘hearing 
officer detailed in accordance with subparagraph 
(C).’’; 
(2) in subparagraph (B), by striking ‘‘written 
waiver’’ and all that follows and inserting the fol-
lowing: ‘‘written waiver to— 
‘‘(i) except as provided in clause (ii), 
the convening authority and the convening
418 
authority determines that a hearing is not 
required; and 
‘‘(ii) with respect to charges and spec-
ifications over which the special victim 
prosecutor is exercising authority in ac-
cordance with section 824a of this title (ar-
ticle 24a), the special victim prosecutor 
and the special victim prosecutor deter-
mines that a hearing is not required; and’’; 
and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(C)(i) Except as provided in clause (ii), the 
convening authority shall detail a hearing officer. 
‘‘(ii) If a special victim prosecutor is exercising 
authority over the charges and specifications subject 
to a preliminary hearing under this section (article), 
the special victim prosecutor shall request a military 
judge or military magistrate to serve as the hearing 
officer, and a military judge or military magistrate 
shall be provided, in accordance with regulations 
prescribed by the President.’’. 
(b) REPORT OF PRELIMINARY HEARING OFFICER.— 
Subsection (c) of such section is amended—
419 
(1) in the heading, by inserting ‘‘OR SPECIAL 
VICTIM PROSECUTOR’’ after ‘‘CONVENING AUTHOR-
ITY’’; and 
(2) in the matter preceding paragraph (1) by 
striking ‘‘to the convening authority’’ and inserting 
‘‘to the convening authority or, in the case of a pre-
liminary hearing in which the hearing officer is pro-
vided at the request of a special victim prosecutor, 
to the special victim prosecutor,’’. 
SEC. 538. ADVICE TO CONVENING AUTHORITY BEFORE RE-
FERRAL FOR TRIAL. 
Section 834 of title 10, United States Code (article 
34 of the Uniform Code of Military Justice), is amended— 
(1) in subsection (a)(1) in the matter preceding 
subparagraph (A) in the first sentence, by striking 
‘‘Before referral’’ and inserting ‘‘Subject to sub-
section (c), before referral’’; 
(2) in subsection (b), by striking ‘‘Before refer-
ral’’ and inserting ‘‘Subject to subsection (c), before 
referral’’; 
(3) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; 
(4) by inserting after subsection (b) the fol-
lowing new subsection:
420 
‘‘(c) SPECIAL VICTIM OFFENSES.—A referral to a 
general or special court-martial for trial of charges and 
specifications over which a special victim prosecutor exer-
cises authority may only be made— 
‘‘(1) by a special victim prosecutor; or 
‘‘(2) by the convening authority in the case of— 
‘‘(A) charges and specifications that do not 
allege a special victim offense and for which a 
special victim prosecutor declines to prefer 
charges; or 
‘‘(B) charges and specifications preferred 
by a person other than a special victim pros-
ecutor, for which a special victim prosecutor de-
clines to refer charges.’’; and 
(5) in subsection (e), as redesignated by para-
graph (3) of this section, by inserting ‘‘or, with re-
spect to charges and specifications over which a spe-
cial victim prosecutor exercises authority in accord-
ance with section 824a of this title (article 24a), a 
special victim prosecutor,’’ after ‘‘convening author-
ity’’. 
SEC. 539. FORMER JEOPARDY. 
Section 844(c) of title 10, United States Code (article 
44(c) of the Uniform Code of Military Justice), is amend-
421 
ed by inserting ‘‘or the special victim prosecutor’’ after 
‘‘the convening authority’’ each place it appears. 
SEC. 539A. PLEA AGREEMENTS. 
(a) AUTHORITY TO ENTER INTO AGREEMENTS.— 
Subsection (a) of section 853a of title 10, United States 
Code (article 53a of the Uniform Code of Military Jus-
tice), is amended— 
(1) in paragraph (1), by striking ‘‘At any time’’ 
and inserting ‘‘Subject to paragraph (3), at any 
time’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(3) With respect to charges and specifications re-
ferred to court-martial by a special victim prosecutor, a 
plea agreement under this section may only be entered 
into between a special victim prosecutor and the accused. 
Such agreement shall be subject to the same limitations 
and conditions applicable to other plea agreements under 
this section (article).’’. 
(b) BINDING EFFECT.—Subsection (d) of such sec-
tion (article) is amended by inserting after ‘‘parties’’ the 
following: ‘‘(including the convening authority and the spe-
cial victim prosecutor in the case of a plea agreement en-
tered into under subsection (a)(3))’’.
422 
SEC. 539B. DETERMINATIONS OF IMPRACTICALITY OF RE-
HEARING. 
(a) TRANSMITTAL AND REVIEW OF RECORDS.—Sec-
tion 865(e)(3)(B) of title 10, United States Code (article 
65(e)(3)(B) of the Uniform Code of Military Justice), is 
amended— 
(1) by striking ‘‘IMPRACTICAL.—If the Judge 
Advocate General’’ and inserting the following: ‘‘IM-
PRACTICAL.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), if the Judge Advocate General’’; and 
(2) by adding at the end the following new 
clause: 
‘‘(ii) CASES
REFERRED
BY
SPECIAL 
VICTIM PROSECUTOR.—If a case was re-
ferred to trial by a special victim pros-
ecutor, a special victim prosecutor shall de-
termine if a rehearing is impractical and 
shall dismiss the charges if the special vic-
tim prosecutor so determines.’’. 
(b) COURTS
OF
CRIMINAL
APPEALS.—Section 
866(f)(1)(C) of title 10, United States Code (article 
66(f)(1)(C) of the Uniform Code of Military Justice), is 
amended—
423 
(1) by striking ‘‘IMPRACTICABLE.—If the Court 
of Criminal Appeals’’ and inserting the following: 
‘‘IMPRACTICABLE.— 
‘‘(i) IN GENERAL.—Subject to clause 
(ii), if the Court of Criminal Appeals’’; and 
(2) by adding at the end the following new 
clause: 
‘‘(ii) CASES
REFERRED
BY
SPECIAL 
VICTIM PROSECUTOR.—If a case was re-
ferred to trial by a special victim pros-
ecutor, a special victim prosecutor shall de-
termine if a rehearing is impracticable and 
shall dismiss the charges if the special vic-
tim prosecutor so determines.’’. 
(c) REVIEW BY THE COURT OF APPEALS FOR THE 
ARMED FORCES.—Section 867(e) of title 10, United 
States Code (article 67(e) of the Uniform Code of Military 
Justice), is amended by adding at the end the following 
new sentence: ‘‘Notwithstanding the preceding sentence, 
if a case was referred to trial by a special victim pros-
ecutor, a special victim prosecutor shall determine if a re-
hearing is impracticable and shall dismiss the charges if 
the special victim prosecutor so determines.’’. 
(d) REVIEW BY JUDGE ADVOCATE GENERAL.—Sec-
tion 869(c)(1)(D) of title 10, United States Code (article
424 
69(c)(1)(D) of the Uniform Code of Military Justice), is 
amended— 
(1) by striking ‘‘If the Judge Advocate Gen-
eral’’ and inserting ‘‘(i) Subject to clause (ii), if the 
Judge Advocate General’’; and 
(2) by adding at the end the following new 
clause: 
‘‘(ii) If a case was referred to trial by 
a special victim prosecutor, a special victim 
prosecutor shall determine if a rehearing is 
impractical and shall dismiss the charges if 
the special victim prosecutor so deter-
mines.’’. 
SEC. 539C. PUNITIVE ARTICLE ON SEXUAL HARASSMENT. 
(a) IN GENERAL.—Subchapter X of chapter 47 of 
title 10, United States Code (the Uniform Code of Military 
Justice), is amended by inserting after section 920c (arti-
cle 120c) the following new section (article): 
‘‘§ 920d. Art. 120d. sexual harassment 
‘‘(a) IN GENERAL.—Any person subject to this chap-
ter who commits sexual harassment against another per-
son shall be punished as a court-martial may direct. 
‘‘(b) ELEMENTS.—A person subject to this chapter 
commits sexual harassment when— 
‘‘(1) such person knowingly—
426 
did reasonably believe or perceive as described in 
subparagraph (A), (B), or (C) of paragraph (3). 
‘‘(c) OTHER CONDUCT.—For purposes of subsection 
(b)(1)(C), whether other conduct would cause a reasonable 
person to believe it is of a sexual nature shall be dependent 
upon the circumstances of the act alleged and may include 
conduct that, without context, would not appear to be sex-
ual in nature. 
‘‘(d) LOCATION AND MEANS OF ACT.—An act consti-
tuting sexual harassment under this section— 
‘‘(1) may occur at any location and without re-
gard to whether the victim or accused is on or off 
duty at the time of the alleged act; 
‘‘(2) does not require physical proximity be-
tween the victim and the accused; and 
‘‘(3) may be transmitted through any means, 
including written, oral, online, or other electronic 
means.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such subchapter is amended by insert-
ing after the item relating to section 920c (article 120c) 
the following new item: 
‘‘920d. Art. 120d. Sexual harassment.’’.
427 
SEC. 539D. CLARIFICATION OF APPLICABILITY OF DOMES-
TIC VIOLENCE AND STALKING TO DATING 
PARTNERS. 
(a) ARTICLE 128B; DOMESTIC VIOLENCE.—Section 
928b of title 10, United States Code (article 128b of the 
Uniform Code of Military Justice), is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘Any person’’ and inserting the following: 
‘‘(a) IN GENERAL.—Any person’’. 
(2) by inserting ‘‘a dating partner,’’ after ‘‘an 
intimate partner,’’ each place it appears; and 
(3) by adding at the end the following new sub-
section: 
‘‘(b) DEFINITIONS.—In this section, the terms dating 
partner,‘immediate family’, and ‘intimate partner’ have 
the meaning given such terms in section 930 of this title 
(article 130).’’. 
(b) ARTICLE 130; STALKING.—Section 930 of such 
title (article 130 of the Uniform Code of Military Justice) 
is amended— 
(1) in subsection (a), by striking ‘‘or to his or 
her intimate partner’’ each place it appears and in-
serting ‘‘to his or her intimate partner, or to his or 
her dating partner’’; 
(2) in subsection (b)—
428 
(A) 
by 
redesignating 
paragraphs 
(3) 
through (5) as paragraphs (4) through (6), re-
spectively; and 
(B) by inserting after paragraph (2) the 
following new paragraph: 
‘‘(3) The term ‘dating partner’, in the case of 
a specific person, means a person who is or has been 
in a social relationship of a romantic or intimate na-
ture with such specific person, and a reasonable per-
son would believe such a relationship exists or ex-
isted, based on— 
‘‘(A) the length of the relationship; 
‘‘(B) the type of relationship; and 
‘‘(C) the frequency of interaction between 
the persons involved in the relationship.’’. 
SEC. 539E. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided in subsection 
(b), the amendments made by this part shall take effect 
on the date that is two years after the date of the enact-
ment of this Act and shall apply with respect to offenses 
that occur after that date. 
(b) REGULATIONS.— 
(1) REQUIREMENT.—The President shall pre-
scribe regulations to carry out this part not later
429 
than two years after the date of the enactment of 
this Act. 
(2) IMPACT OF DELAY OF ISSUANCE.—If the 
President does not prescribe regulations to carry out 
this part before the date that is two years after the 
date of the enactment of this Act, the amendments 
made by this part shall take effect on the date on 
which such regulations are prescribed and shall 
apply with respect to offenses that occur on or after 
that date. 
PART 2—SENTENCING REFORM 
SEC. 539F. SENTENCING REFORM. 
(a) ARTICLE 53; FINDINGS AND SENTENCING.—Sec-
tion 853 of title 10, United States Code (article 53 of the 
Uniform Code of Military Justice), is amended— 
(1) in subsection (b), by amending paragraph 
(1) to read as follows: 
‘‘(1) GENERAL
AND
SPECIAL
COURTS-MAR-
TIAL.—Except as provided in subsection (c) for cap-
ital offenses, if the accused is convicted of an offense 
in a trial by general or special court-martial, the 
military judge shall sentence the accused. The sen-
tence determined by the military judge constitutes 
the sentence of the court-martial.’’; 
(2) in subsection (c)—
430 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) IN GENERAL.—In a capital case, if the ac-
cused is convicted of an offense for which the court- 
martial may sentence the accused to death— 
‘‘(A) the members shall determine— 
‘‘(i) whether the sentence for that of-
fense shall be death or life in prison with-
out eligibility for parole; or 
‘‘(ii) whether the matter shall be re-
turned to the military judge for determina-
tion of a lesser punishment; and 
‘‘(B) the military judge shall sentence the 
accused for that offense in accordance with the 
determination of the members under subpara-
graph (A).’’; and 
(B) in paragraph (2), by striking ‘‘the 
court-martial’’ and inserting ‘‘the military 
judge’’. 
(b) ARTICLE 53A; PLEA AGREEMENTS.—Section 
853a of title 10, United States Code (article 53a of the 
Uniform Code of Military Justice), as amended by section 
539A of this subtitle, is further amended— 
(1) by redesignating subsections (b), (c), and 
(d), as subsections (c), (d), and (e), respectively; and
431 
(2) by inserting after subsection (a) the fol-
lowing new subsection: 
‘‘(b) ACCEPTANCE OF PLEA AGREEMENT.—Subject 
to subsections (c) and (d), the military judge of a general 
or special court-martial shall accept a plea agreement sub-
mitted by the parties, except that— 
‘‘(1) in the case of an offense with a sentencing 
parameter under section 856 of this chapter (article 
56), the military judge may reject a plea agreement 
that proposes a sentence that is outside the sen-
tencing parameter if the military judge determines 
that the proposed sentence is plainly unreasonable; 
and 
‘‘(2) in the case of an offense with no sen-
tencing parameter under section 856 of this chapter 
(article 56), the military judge may reject a plea 
agreement that proposes a sentence if the military 
judge determines that the proposed sentence is 
plainly unreasonable.’’. 
(c) ARTICLE 56; SENTENCING.—Section 856 of title 
10, United States Code (article 56 of the Uniform Code 
of Military Justice), is amended— 
(1) in subsection (c)— 
(A) in paragraph (1)—
432 
(i) in subparagraph (C)(vii), by strik-
ing ‘‘and’’ at the end; 
(ii) in subparagraph (D), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
(iii) by adding at the end the fol-
lowing new subparagraph: 
‘‘(E) the applicable sentencing parameters 
or sentencing criteria prescribed under this sec-
tion.’’; 
(B) by striking paragraphs (2) through (4) 
and inserting the following new paragraphs: 
‘‘(2) APPLICATION
OF
SENTENCING
PARAM-
ETERS
IN
GENERAL
AND
SPECIAL
COURTS-MAR-
TIAL.— 
‘‘(A) REQUIREMENT TO SENTENCE WITHIN 
PARAMETERS.—Except as provided in subpara-
graph (B), in a general or special court-martial 
in which the accused is convicted of an offense 
for which there is a sentencing parameter under 
subsection (d), the military judge shall sentence 
the accused for that offense within the applica-
ble parameter. 
‘‘(B) EXCEPTION.—The military judge 
may impose a sentence outside a sentencing pa-
433 
rameter upon finding specific facts that warrant 
such a sentence. If the military judge imposes 
a sentence outside a sentencing parameter 
under this subparagraph, the military judge 
shall include in the record a written statement 
of the factual basis for the sentence. 
‘‘(3) USE OF SENTENCING CRITERIA IN GEN-
ERAL AND SPECIAL COURTS-MARTIAL.—In a general 
or special court-martial in which the accused is con-
victed of an offense for which there are sentencing 
criteria under subsection (d), the military judge shall 
consider the applicable sentencing criteria in deter-
mining the sentence for that offense. 
‘‘(4) OFFENSE-BASED
SENTENCING
IN
GEN-
ERAL AND SPECIAL COURTS-MARTIAL.—In announc-
ing the sentence under section 853 of this chapter 
(article 53) in a general or special court-martial, the 
military judge shall, with respect to each offense of 
which the accused is found guilty, specify the term 
of confinement, if any, and the amount of the fine, 
if any. If the accused is sentenced to confinement 
for more than one offense, the military judge shall 
specify whether the terms of confinement are to run 
consecutively or concurrently.
434 
‘‘(5) INAPPLICABILITY TO DEATH PENALTY.— 
Sentencing parameters and sentencing criteria shall 
not apply to a determination of whether an offense 
should be punished by death. 
‘‘(6) SENTENCE OF CONFINEMENT FOR LIFE 
WITHOUT ELIGIBILITY FOR PAROLE.—(A) If an of-
fense is subject to a sentence of confinement for life, 
a court-martial may impose a sentence of confine-
ment for life without eligibility for parole. 
‘‘(B) An accused who is sentenced to confine-
ment for life without eligibility for parole shall be 
confined for the remainder of the accused’s life un-
less— 
‘‘(i) the sentence is set aside or otherwise 
modified as a result of— 
‘‘(I) action taken by the convening au-
thority or the Secretary concerned; or 
‘‘(II) any other action taken during 
post-trial procedure or review under any 
other provision of subchapter IX of this 
chapter; 
‘‘(ii) the sentence is set aside or otherwise 
modified as a result of action taken by a court 
of competent jurisdiction; or
435 
‘‘(iii) the accused receives a pardon or an-
other form of Executive clemency.’’; 
(2) by redesignating subsection (d) as sub-
section (e); 
(3) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(d) ESTABLISHMENT OF SENTENCING PARAMETERS 
AND SENTENCING CRITERIA.— 
‘‘(1) IN GENERAL.—The President shall pre-
scribe regulations establishing sentencing parameters 
and sentencing criteria in accordance with this sub-
section. Such parameters and criteria— 
‘‘(A) shall cover sentences of confinement; 
and 
‘‘(B) may cover lesser punishments, as the 
President determines appropriate. 
‘‘(2) SENTENCING
PARAMETERS.—Sentencing 
parameters established under paragraph (1) shall— 
‘‘(A) identify a delineated sentencing range 
for an offense that is appropriate for a typical 
violation of the offense, taking into consider-
ation— 
‘‘(i) the severity of the offense; 
‘‘(ii) the guideline or offense category 
that would apply to the offense if the of-
436 
fense were tried in a United States district 
court; 
‘‘(iii) any military-specific sentencing 
factors; and 
‘‘(iv) the need for the sentencing pa-
rameter to be sufficiently broad to allow 
for individualized consideration of the of-
fense and the accused; 
‘‘(B) include no fewer than five and no 
more than twelve offense categories; 
‘‘(C) assign each offense under this chap-
ter to an offense category unless the offense is 
identified as unsuitable for sentencing param-
eters under paragraph (4)(F)(ii); 
‘‘(D) delineate the confinement range for 
each offense category by setting an upper con-
finement limit and a lower confinement limit; 
and 
‘‘(E) be neutral as to the race, color, reli-
gion, national origin, ethnicity, gender, gender 
identity, disability, sexual orientation, and so-
cioeconomic status of offenders. 
‘‘(3) SENTENCING
CRITERIA.—Sentencing cri-
teria established under paragraph (1) shall identify 
offense-specific factors the military judge should
437 
consider and any collateral effects of available pun-
ishments that may aid the military judge in deter-
mining an appropriate sentence when there is no ap-
plicable sentencing parameter for a specific offense. 
‘‘(4) MILITARY SENTENCING PARAMETERS AND 
CRITERIA BOARD.— 
‘‘(A) IN GENERAL.—There is established 
within the Department of Defense a board, to 
be known as the ‘Military Sentencing Param-
eters and Criteria Board’ (referred to in this 
subsection as the ‘Board’). 
‘‘(B) VOTING MEMBERS.—The Board shall 
have five voting members, as follows: 
‘‘(i) The four chief trial judges des-
ignated under section 826(g) of this chap-
ter (article 26(g)), except that, if the chief 
trial judge of the Coast Guard is not avail-
able, the Judge Advocate General of the 
Coast Guard may designate as a voting 
member a judge advocate of the Coast 
Guard with substantial military justice ex-
perience. 
‘‘(ii) A trial judge of the Navy, des-
ignated under regulations prescribed by 
the President, if the chief trial judges des-
438 
ignated under section 826(g) of this chap-
ter (article 26(g)) do not include a trial 
judge of the Navy. 
‘‘(iii) A trial judge of the Marine 
Corps, designated under regulations pre-
scribed by the President, if the chief trial 
judges designated under section 826(g) of 
this chapter (article 26(g)) do not include 
a trial judge of the Marine Corps. 
‘‘(C) NONVOTING
MEMBERS.—The Chief 
Judge of the Court of Appeals for the Armed 
Forces, the Chairman of the Joint Chiefs of 
Staff, and the General Counsel of the Depart-
ment of Defense shall each designate one non-
voting member of the Board. 
‘‘(D) CHAIR AND VICE-CHAIR.—The Sec-
retary of Defense shall designate one voting 
member as chair of the Board and one voting 
member as vice-chair. 
‘‘(E) VOTING REQUIREMENT.—An affirma-
tive vote of at least three members is required 
for any action of the Board under this sub-
section. 
‘‘(F) DUTIES OF BOARD.—The Board shall 
have the following duties:
439 
‘‘(i) As directed by the President, the 
Board shall submit to the President for ap-
proval— 
‘‘(I) sentencing parameters for 
all offenses under this chapter (other 
than offenses that the Board identi-
fies as unsuitable for sentencing pa-
rameters in accordance with clause 
(ii)); and 
‘‘(II) sentencing criteria to be 
used by military judges in determining 
appropriate sentences for offenses 
that are identified as unsuitable for 
sentencing parameters in accordance 
with clause (ii). 
‘‘(ii) Identify each offense under this 
chapter that is unsuitable for sentencing 
parameters. The Board shall identify an 
offense as unsuitable for sentencing pa-
rameters if— 
‘‘(I) the nature of the offense is 
indeterminate and unsuitable for cat-
egorization; and 
‘‘(II) there is no similar criminal 
offense under the laws of the United
440 
States or the laws of the District of 
Columbia. 
‘‘(iii) In developing sentencing param-
eters and criteria, the Board shall consider 
the sentencing data collected by the Mili-
tary Justice Review Panel pursuant to sec-
tion 946(f)(2) of this chapter (article 
146(f)(2)). 
‘‘(iv) In addition to establishing pa-
rameters for sentences of confinement 
under clause (i)(I), the Board shall con-
sider the appropriateness of establishing 
sentencing parameters for punitive dis-
charges, fines, reductions, forfeitures, and 
other lesser punishments authorized under 
this chapter. 
‘‘(v) The Board shall regularly— 
‘‘(I) review, and propose revision 
to, in consideration of comments and 
data coming to the Board’s attention, 
the sentencing parameters and sen-
tencing criteria prescribed under para-
graph (1); and 
‘‘(II) submit to the President, 
through the Secretary of Defense,
441 
proposed amendments to the sen-
tencing parameters and sentencing 
criteria, together with statements ex-
plaining the basis for the proposed 
amendments. 
‘‘(vi) The Board shall develop means 
of measuring the degree to which applica-
ble sentencing, penal, and correctional 
practices are effective with respect to the 
sentencing factors and policies set forth in 
this section. 
‘‘(vii) In fulfilling its duties and in ex-
ercising its powers, the Board shall consult 
authorities on, and individual and institu-
tional representatives of, various aspects of 
the military criminal justice system. The 
Board shall establish separate advisory 
groups consisting of individuals with cur-
rent or recent experience in command and 
in senior enlisted positions, individuals 
with experience in the trial of courts-mar-
tial, and such other groups as the Board 
deems appropriate. 
‘‘(viii) The Board shall submit to the 
President, through the Secretary of De-
442 
fense, proposed amendments to the rules 
for courts-martial with respect to sen-
tencing proceedings and maximum punish-
ments, together with statements explaining 
the basis for the proposed amendments. 
‘‘(ix) The Board may issue non-bind-
ing policy statements to achieve the 
Board’s purposes and to guide military 
judges in fashioning appropriate sentences, 
including guidance on factors that may be 
relevant in determining where in a sen-
tencing parameter a specification may fall, 
or whether a deviation outside of the sen-
tencing range may be warranted. 
‘‘(G) FEDERAL
ADVISORY
COMMITTEE 
ACT.—The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply with respect to the 
Board or any advisory group established by the 
Board.’’; and 
(4) in subsection (e)(1), as redesignated by 
paragraph (2) of this subsection— 
(A) in subparagraph (A), by striking ‘‘or’’ 
at the end; 
(B) by redesignating subparagraph (B) as 
subparagraph (C);
443 
(C) by inserting after subparagraph (A) 
the following new subparagraph: 
‘‘(B) in the case of a sentence for an offense 
with a sentencing parameter under this section, the 
sentence is a result of an incorrect application of the 
parameter; or’’; and 
(D) in subparagraph (C), as redesignated 
by subparagraph (B) of this paragraph, by 
striking ‘‘, as determined in accordance with 
standards and procedures prescribed by the 
President’’. 
(d) ARTICLE 66; COURTS OF CRIMINAL APPEALS.— 
Section 866 of title 10, United States Code (article 66 
of the Uniform Code of Military Justice) is amended— 
(1) in subsection (d)(1)(A), by striking the 
third sentence; and 
(2) by amending subsection (e) to read as fol-
lows: 
‘‘(e) CONSIDERATION OF SENTENCE.— 
‘‘(1) IN GENERAL.—In considering a sentence 
on appeal, other than as provided in section 856(e) 
of this chapter (article 56(e)), the Court of Criminal 
Appeals may consider— 
‘‘(A) whether the sentence violates the law;
444 
‘‘(B) whether the sentence is inappropri-
ately severe— 
‘‘(i) if the sentence is for an offense 
for which there is no sentencing parameter 
under section 856(d) of this chapter (arti-
cle 56(d)); or 
‘‘(ii) in the case of an offense with a 
sentencing parameter under section 856(d) 
of this chapter (article 56(d)), if the sen-
tence is above the upper range of such sen-
tencing parameter; 
‘‘(C) in the case of a sentence for an of-
fense with a sentencing parameter under sec-
tion 856(d) of this chapter (article 56(d)), 
whether the sentence is a result of an incorrect 
application of the parameter; 
‘‘(D) whether the sentence is plainly un-
reasonable; and 
‘‘(E) in review of a sentence to death or to 
life in prison without eligibility for parole deter-
mined by the members in a capital case under 
section 853(c) of this chapter (article 53(c)), 
whether the sentence is otherwise appropriate, 
under rules prescribed by the President.
445 
‘‘(2) RECORD ON APPEAL.—In an appeal under 
this subsection or section 856(e) of this chapter (ar-
ticle 56(e)), other than review under subsection 
(b)(2), the record on appeal shall consist of— 
‘‘(A) any portion of the record in the case 
that is designated as pertinent by any party; 
‘‘(B) the information submitted during the 
sentencing proceeding; and 
‘‘(C) any information required by rule or 
order of the Court of Criminal Appeals.’’. 
(e) CONFORMING AMENDMENTS.— 
(1) Section 863(c) of title 10, United States 
Code (article 63(c) of the Uniform Code of Military 
Justice) is amended by striking ‘‘section 856(d) of 
this title (article 56(d))’’ and inserting ‘‘section 
856(e) of this chapter (article 56(e))’’. 
(2) Section 866 of title 10, United States Code 
(article 66 of the Uniform Code of Military Justice), 
as amended by subsection (d), is further amended by 
striking ‘‘section 856(d) of this title (article 56(d))’’ 
each place it appears and inserting ‘‘section 856(e) 
of this chapter (article 56(e))’’. 
(f) EFFECTIVE DATE.— 
(1) IN GENERAL.—The amendments made by 
this section shall take effect on the date that is two
446 
years after the date of the enactment of this Act and 
shall apply to sentences adjudged in cases in which 
all findings of guilty are for offenses that occurred 
after the date that is two years after the date of the 
enactment of this Act. 
(2) IMPLEMENTATION OF SENTENCING PARAM-
ETERS AND CRITERIA.— 
(A) IN
GENERAL.—The President shall 
prescribe regulations setting forth the sen-
tencing parameters and criteria required by 
subsection (d) of section 856 of title 10, United 
States Code (article 56 of the Uniform Code of 
Military Justice), as added by subsection (c) of 
this section. 
(B) EFFECTIVE DATES.—The regulations 
under subparagraph (A) shall take effect on a 
date determined by the President which shall be 
not later than four years after the date of en-
actment of this Act and shall apply only to sen-
tences adjudged in cases in which all findings of 
guilty are for offenses that occurred after the 
date on which the regulations required by sub-
paragraph (A) take effect. 
(C) INTERIM AUTHORITY OF JUDGES.—If 
the regulations required by subparagraph (A)
447 
have not been prescribed as of the date on 
which the amendments made by this section 
take effect under paragraph (1), each sentence 
adjudged in accordance with the amendments 
made by this section and the terms of the effec-
tive date under paragraph (1) shall be made as 
if no sentencing parameter or criteria for that 
offense has been prescribed until such time as 
such regulations are issued that include such a 
sentencing parameter or criteria. 
(g) REPEAL OF SECRETARIAL GUIDELINES ON SEN-
TENCES FOR OFFENSES COMMITTED UNDER THE UNI-
FORM CODE OF MILITARY JUSTICE.—Section 537 of the 
National Defense Authorization Act for Fiscal Year 2020 
(Public Law 116–92; 133 Stat. 1363; 10 U.S.C. 856 note) 
is repealed. 
PART 3—REPORTS AND OTHER MATTERS 
SEC. 539G. REPORT ON MODIFICATION OF DISPOSITION AU-
THORITY FOR OFFENSES OTHER THAN SPE-
CIAL VICTIM OFFENSES. 
(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 the House of Representatives a report on the 
feasibility, advisability, and potential effects of modifying
448 
chapter 47 of title 10, United States Code (the Uniform 
Code of Military Justice) to require that determinations 
as to whether to prefer or refer charges for trial by court- 
martial for offenses other than special victim offenses 
must be made by an individual outside of the chain of com-
mand of the member subject to the charges rather than 
by a commanding officer who is in the chain of command 
of the member. 
(b) ELEMENTS.—The report under subsection (a) 
shall include the following: 
(1) A review and reassessment of the findings 
of the Secretary of Defense included in the report 
submitted under section 540F of the National De-
fense Authorization Act for Fiscal year 2020 (Public 
Law 116–92; 133 Stat. 1367 ), taking into account 
the findings and recommendations of the Inde-
pendent Review Commission on Sexual Assault in 
the Military as set forth in the report of the Com-
mission titled ‘‘Hard Truths and the Duty to 
Change: Recommendations from the Independent 
Review Commission on Sexual Assault in the Mili-
tary’’. 
(2) An analysis of any effects, including positive 
and negative effects, that may result from the modi-
449 
fication of disposition authority for offenses as de-
scribed in subsection (a). 
(c) INDEPENDENT COMMITTEE.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall establish an independent committee to prepare 
the report required by this section. 
(2) MEMBERS.—Subject to paragraph (3), the 
committee established under paragraph (1) shall be 
composed of members who— 
(A) are designated by the Secretary of De-
fense; and 
(B) have expertise determined to be rel-
evant by the Secretary 
(3) LIMITATION.—No member of an Armed 
Force or civilian employee of the Department of De-
fense may serve on the committee established under 
paragraph (1). 
(d) SPECIAL VICTIM OFFENSE DEFINED.—In this 
section, the term ‘‘special victim offense’’ means an of-
fense specified in section 801(17) of title 10, United 
States Code (article 1(17) of the Uniform Code of Military 
Justice), as added by section 534 of this subtitle.
450 
SEC. 539H. REPORT ON IMPLEMENTATION OF CERTAIN 
RECOMMENDATIONS OF THE INDEPENDENT 
REVIEW COMMISSION ON SEXUAL ASSAULT 
IN THE MILITARY. 
(a) REPORT REQUIRED.—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 Serv-
ices of the Senate and the House of Representatives a re-
port on status of the implementation of the recommenda-
tions specified in subsection (c). 
(b) ELEMENTS.—The report under subsection (a) 
shall include the following: 
(1) A description of the status of the implemen-
tation of each recommendation specified in sub-
section (c), including— 
(A) whether, how, and to what extent the 
recommendation has been implemented; 
(B) any rules, regulations, policies, or 
other guidance that have been issued, revised, 
changed, or cancelled as a result of the imple-
mentation of the recommendation; and 
(C) any impediments to the implementa-
tion of the recommendation. 
(2) For each recommendation specified in sub-
section (c) that has not been fully implemented or 
superseded by statute as of the date of the report,
451 
a plan for the implementation of the recommenda-
tion, including identification of— 
(A) intermediate actions, milestone dates, 
and the expected completion date for implemen-
tation of the recommendation; and 
(B) any rules, regulations, policies, or 
other guidance that are expected to be issued, 
revised, changed, or cancelled as a result of the 
implementation of the recommendation. 
(3) Any statutory changes identified as nec-
essary to fully implement the recommendations spec-
ified in subsection (c). 
(c) 
RECOMMENDATIONS
SPECIFIED.—The 
rec-
ommendations specified in this subsection are the fol-
lowing, as set forth in the report of the Independent Re-
view Commission on Sexual Assault in the Military titled 
‘‘Hard Truths and the Duty to Change: Recommendations 
from the Independent Review Commission on Sexual As-
sault in the Military’’, and dated July 2, 2021: 
(1) Each recommendation under the heading 
‘‘Line of Effort 1: Accountability’’ as set forth in 
section III such report. 
(2) Each recommendation under the heading 
‘‘Line of Effort 2: Prevention’’ as set forth in sec-
tion III such report.
452 
(3) Each recommendation under the heading 
‘‘Line of Effort 3: Climate and Culture’’ as set forth 
in section III of such report. 
(4) Each recommendation under the heading 
‘‘Line of Effort 4: Victim Care and Support’’ as set 
forth in section III of such report. 
SEC. 
539I. 
REPORT 
ON 
IMPLEMENTATION 
OF 
REC-
OMMENDATIONS AND OTHER ACTIVITIES TO 
ADDRESS RACIAL, ETHNIC, AND GENDER DIS-
PARITIES IN THE MILITARY JUSTICE SYSTEM. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and 
the House of Representatives a report on status of the 
Secretary’s efforts— 
(1) to implement the recommendations set forth 
in the May 2019 report of the Government Account-
ability Office titled ‘‘Military Justice: DOD and the 
Coast Guard Need to Improve Their Capabilities to 
Assess Racial and Gender Disparities’’ (GAO–19– 
344); and 
(2) to carry out the activities required under 
section 540I(b) of the National Defense Authoriza-
tion Act for Fiscal Year 2020 (Public Law 116–92; 
133 Stat. 1369; 10 U.S.C. 810 note).
453 
SEC. 539J. PLAN FOR DEVELOPMENT AND MANAGEMENT 
OF THE GENDER ADVISOR WORKFORCE. 
(a) PLAN REQUIRED.—The Secretary of Defense 
shall develop and implement a plan to institutionalize the 
gender advisor workforce of the Department of Defense 
responsible for supporting the implementation of the 
Women, Peace, and Security Act of 2017 (Public Law 
115–68; 131 Stat. 1202). 
(b) ELEMENTS.—The plan under subsection (a) shall 
include: 
(1) Plans for the development and management 
of the gender advisor workforce, including plans for 
the training, certification, assignments, and career 
development of the personnel of such workforce. 
(2) The actions the Secretary of Defense will 
carry out to elevate, develop, define, and standardize 
the gender advisor workforce in accordance with rec-
ommendation 3.4(a) of the report of the Inde-
pendent Review Commission on Sexual Assault in 
the Military titled ‘‘Hard Truths and the Duty to 
Change: Recommendations from the Independent 
Review Commission on Sexual Assault in the Mili-
tary’’ and dated July 2, 2021. 
(3) Development of or modifications to guid-
ance, policy, professional military education, and 
doctrine to define and standardize the gender advi-
454 
sor program with a focus on incorporating the prin-
ciples outlined in the plan of the Department of De-
fense titled ‘‘Women, Peace, and Security Strategic 
Framework and Implementation Plan’’ and dated 
June 2020, or any successor plan. 
(4) Identification of training and education re-
quirements for members of the Armed Forces and 
civilian employees of the Department of Defense, in-
cluding general and flag officers and members of the 
senior executive service, on the role of the gender 
advisor workforce and the principles outlined in plan 
referred to in paragraph (3), or any successor plan. 
(5) The funds, resources, and authorities need-
ed to establish and develop the gender advisor role 
into a full-time, billeted, and resourced position 
across organizations within the Department of De-
fense, including the military departments, the Armed 
Forces, the combatant commands, Defense Agencies, 
and Department of Defense Field Activities. 
(6) Developing and standardizing position de-
scriptions of the gender advisor workforce, including 
gender advisors and gender focal points, across orga-
nizations within the Department, including the mili-
tary departments, the Armed Forces, the combatant
455 
commands, Defense Agencies, and Department of 
Defense Field Activities. 
(7) An assessment and review of the Depart-
ment’s existing training programs for gender advi-
sors and gender focal points. 
(8) Actions to adapt gender analysis (as defined 
in section 3 of the Women’s Entrepreneurship and 
Economic Empowerment Act (Public Law 115–428; 
22 U.S.C. 2151–2)) to fit the needs of the Depart-
ment of Defense and to incorporate such analysis 
into the work of gender advisors and other personnel 
identified as part of the gender advisor workforce. 
(9) The actions the Secretary will carry out to 
incorporate the total amount of expenditures and 
proposed appropriations necessary to support the 
program, projects, and activities of the gender advi-
sor workforce into the future years defense program, 
as submitted to Congress under section 221 of title 
10, United States Code. 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the appropriate congressional committees 
a report detailing the plan developed under subsection (a) 
and the Secretary’s progress in implementing such plan.
456 
(d) BRIEFING.—Not later than 270 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall provide to the appropriate congressional committees 
a briefing on the report under subsection (c) detailing the 
plan developed under subsection (a) and the Secretary’s 
progress in implementing such plan. 
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) the Committee on Armed Services and the 
Committee on Foreign Affairs of the House of Rep-
resentatives; and 
(2) the Committee on Armed Services and the 
Committee on Foreign Relations of the Senate. 
Subtitle E—Other Sexual Assault- 
Related Matters 
SEC. 541. INDEPENDENT INVESTIGATION OF COMPLAINTS 
OF SEXUAL HARASSMENT. 
(a) IN GENERAL.—Section 1561 of title 10, United 
States Code, is amended to read as follows: 
‘‘§ 1561. Complaints of sexual harassment: inde-
pendent investigation 
‘‘(a) ACTION ON COMPLAINTS ALLEGING SEXUAL 
HARASSMENT.—A commanding officer or officer in charge 
of a unit, vessel, facility, or area of an armed force, who
457 
receives, from a member of the command or a member 
under the supervision of the officer, a formal complaint 
alleging sexual harassment by a member of the armed 
forces shall, as soon as practicable after such receipt, for-
ward the complaint to an independent investigator. 
‘‘(b) COMMENCEMENT OF INVESTIGATION.—To the 
extent practicable, an independent investigator shall com-
mence an investigation of a formal complaint of sexual 
harassment not later than 72 hours after— 
‘‘(1) receiving a formal complaint of sexual har-
assment forwarded by a commanding officer or offi-
cer in charge under subsection (a); or 
‘‘(2) receiving a formal complaint of sexual har-
assment directly from a member of the armed forces. 
‘‘(c) DURATION OF INVESTIGATION.—To the extent 
practicable, an investigation under subsection (b) shall be 
completed not later than 14 days after the date on which 
the investigation commences. 
‘‘(d) REPORT ON INVESTIGATION.— 
‘‘(1) If the investigation cannot be completed 
within 14 days, not later than the 14th day after the 
investigation commences, and every 14 days there-
after until the investigation is complete, the inde-
pendent investigator shall submit to the officer de-
458 
scribed in subsection (a) a report on the progress 
made in completing the investigation. 
‘‘(2) To the extent practicable, and as soon as 
practicable upon completion of the investigation, the 
officer described in subsection (a) shall notify the 
complainant of the final results of the investigation, 
including any action taken, or planned to be taken, 
as a result of the investigation. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘formal complaint’ means a com-
plaint— 
‘‘(A) that an individual files in writing; 
and 
‘‘(B) in which the individual attests to the 
accuracy of the information contained in the 
complaint. 
‘‘(2) The term ‘independent investigator’ means 
a member of the armed forces or a civilian employee 
of the Department of Defense or the Coast Guard 
who— 
‘‘(A) is outside the chain of command of 
the complainant and the subject of the inves-
tigation; and 
‘‘(B) is trained in the investigation of sex-
ual harassment, as determined by—
459 
‘‘(i) the Secretary concerned, in the 
case of a member of the armed forces; 
‘‘(ii) the Secretary of Defense, in the 
case of a civilian employee of the Depart-
ment of Defense; or 
‘‘(iii) the Secretary of Homeland Se-
curity, in the case of a civilian employee of 
the Coast Guard. 
‘‘(3) In this section, the term ‘sexual harass-
ment’ means any of the following: 
‘‘(A) Conduct that— 
‘‘(i) involves unwelcome sexual ad-
vances, requests for sexual favors, and de-
liberate or repeated offensive comments or 
gestures of a sexual nature when— 
‘‘(I) submission to such conduct 
is made either explicitly or implicitly a 
term or condition of a person’s job, 
pay, or career; 
‘‘(II) submission to or rejection 
of such conduct by a person is used as 
a basis for career or employment deci-
sions affecting that person; or 
‘‘(III) such conduct has the pur-
pose or effect of unreasonably inter-
460 
fering with an individual’s work per-
formance or creates an intimidating, 
hostile, or offensive working environ-
ment; and 
‘‘(ii) is so severe or pervasive that a 
reasonable person would perceive, and the 
victim does perceive, the environment as 
hostile or offensive. 
‘‘(B) Any use or condonation, by any per-
son in a supervisory or command position, of 
any form of sexual behavior to control, influ-
ence, or affect the career, pay, or job of a mem-
ber of the armed forces or a civilian employee 
of the Department of Defense or the Coast 
Guard. 
‘‘(C) Any deliberate or repeated unwelcome 
verbal comment or gesture of a sexual nature 
by any member of the armed forces or civilian 
employee of the Department of Defense or the 
Coast Guard.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 80 of title 10 United States 
Code is amended by striking the item relating to section 
1561 and inserting the following new item: 
‘‘1561. Complaints of sexual harassment: independent investigation.’’.
461 
(c) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) shall— 
(1) take effect on the date that is two years 
after the date of the enactment of this Act; and 
(2) apply to any investigation of a formal com-
plaint of sexual harassment (as those terms are de-
fined in section 1561 of title 10, United States 
Code, as amended by subsection (a)) made on or 
after that date. 
(d) REPORT ON IMPLEMENTATION.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, each 
Secretary concerned shall submit to the appropriate 
congressional committees a report on preparation of 
that Secretary to implement section 1561 of title 10, 
United States Code, as amended by subsection (a). 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES DEFINED.—In this section, the term ‘‘appro-
priate congressional committees’’ means— 
(A) the Committee on Armed Services and 
the Committee on Commerce, Science, and 
Transportation of the Senate; and 
(B) the Committee on Armed Services and 
the Committee on Transportation and Infra-
structure of the House of Representatives.
462 
SEC. 542. MODIFICATION OF NOTICE TO VICTIMS OF PEND-
ENCY OF FURTHER ADMINISTRATIVE ACTION 
FOLLOWING 
A 
DETERMINATION 
NOT 
TO 
REFER TO TRIAL BY COURT-MARTIAL. 
Section 549 of the National Defense Authorization 
Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 
806b note) is amended— 
(1) in the section heading, by striking ‘‘AL-
LEGED
SEXUAL
ASSAULT’’ and inserting ‘‘AL-
LEGED SEX-RELATED OFFENSE’’; 
(2) by striking ‘‘Under regulations’’ and insert-
ing ‘‘Notwithstanding section 552a of title 5, United 
States Code, and under regulations’’; 
(3) by striking ‘‘alleged sexual assault’’ and in-
serting ‘‘an alleged sex-related offense (as defined in 
section 1044e(h) of title 10, United States Code)’’; 
and 
(4) by adding at the end the following new sen-
tence: ‘‘Upon such final determination, the com-
mander shall notify the victim of the type of action 
taken on such case, the outcome of the action (in-
cluding any punishments assigned or characteriza-
tion of service, as applicable), and such other infor-
mation as the commander determines to be rel-
evant.’’
463 
SEC. 543. MODIFICATIONS TO ANNUAL REPORT REGARD-
ING SEXUAL ASSAULTS INVOLVING MEMBERS 
OF THE ARMED FORCES. 
(a) ELIMINATION OF SUNSET AND INCLUSION OF 
DEMOGRAPHIC INFORMATION.— 
(1) IN
GENERAL.—Section 1631 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— 
(A) in subsection (a), by striking ‘‘through 
March 1, 2021’’ and inserting ‘‘through March 
1, 2026’’; and 
(B) in subsection (b)— 
(i) in paragraph (3), by inserting ‘‘the 
race and ethnicity of the victim and ac-
cused,’’ before ‘‘the action’’; and 
(ii) in paragraph (13)(B), by inserting 
‘‘, including the race and ethnicity of the 
victim and accused’’ before the period at 
the end. 
(2) APPLICABILITY.—The amendments made 
by paragraph (1) shall apply with respect to reports 
required to be submitted under section 1631 of the 
Ike Skelton National Defense Authorization Act for 
Fiscal Year 2011 (Public Law 111–383; 10 U.S.C.
464 
1561 note) after the date of the enactment of this 
Act. 
(b) ADDITIONAL PREVALENCE DATA.— 
(1) IN
GENERAL.—Paragraph (8) of section 
1631(b) of the Ike Skelton National Defense Au-
thorization Act for Fiscal Year 2011 (Public Law 
111–383; 10 U.S.C. 1561 note) is amended to read 
as follows: 
‘‘(8) An analysis and assessment of trends in 
the incidence, disposition, and prosecution of sexual 
assaults by units, commands and other competent 
authorities, and installations during the year covered 
by the report, including trends relating to— 
‘‘(A) the prosecution of incidents and 
avoidance of incidents; and 
‘‘(B) the prevalence of incidents, set forth 
separately for— 
‘‘(i) each installation with 5,000 or 
more servicemembers; 
‘‘(ii) the major career fields of any in-
dividuals involved in such incidents, includ-
ing the fields of combat arms, aviation, lo-
gistics, maintenance, administration, and 
medical; and
465 
‘‘(iii) in the case of the Navy, the 
operational status (whether sea duty or 
shore duty) of any individuals involved in 
such incidents.’’. 
(2) APPLICABILITY.—The amendment made by 
paragraph (1) shall apply with respect to reports re-
quired to be submitted under section 1631 of the Ike 
Skelton National Defense Authorization Act for Fis-
cal Year 2011 (Public Law 111–383; 10 U.S.C. 
1561 note) after January 1, 2023. 
SEC. 544. CIVILIAN POSITIONS TO SUPPORT SPECIAL VIC-
TIMS’ COUNSEL. 
(a) CIVILIAN SUPPORT POSITIONS.—Each Secretary 
of a military department may establish one or more civil-
ian positions within each office of the Special Victims’ 
Counsel under the jurisdiction of such Secretary. 
(b) DUTIES.—The duties of each position under sub-
section (a) shall be— 
(1) to provide support to Special Victims’ Coun-
sel, including legal, paralegal, and administrative 
support; and 
(2) to ensure the continuity of legal services 
and the preservation institutional knowledge in the 
provision of victim legal services notwithstanding
466 
transitions in the military personnel assigned to of-
fices of the Special Victims’ Counsel. 
(c) SPECIAL VICTIMS’ COUNSEL DEFINED.—In this 
section, the term ‘‘Special Victims’ Counsel’’ means Spe-
cial Victims’ Counsel described in section 1044e of title 
10, United States Code, and in the case of the Navy and 
Marine Corps, includes counsel designated as ‘‘Victims’ 
Legal Counsel’’. 
SEC. 545. FEASIBILITY STUDY ON ESTABLISHMENT OF 
CLEARINGHOUSE OF EVIDENCE-BASED PRAC-
TICES TO PREVENT SEXUAL ASSAULT, SUI-
CIDE, AND OTHER HARMFUL BEHAVIORS 
AMONG MEMBERS OF THE ARMED FORCES 
AND MILITARY FAMILIES. 
(a) STUDY.—The Secretary of Defense shall study 
the feasibility of establishing a single, centralized clearing-
house of evidence-based practices to support the health 
and well-being of members of the Armed Forces and mili-
tary families. and reduce harmful behaviors, through the 
following activities: 
(1) Establishment evidentiary standards to pro-
vide a common frame of reference for assessing the 
strength of research evidence.
467 
(2) In consultation with nondepartmental ex-
perts, identification of health and well-being domains 
of interest, including the prevention of— 
(A) sexual assault; 
(B) harassment; 
(C) substance abuse; 
(D) workplace violence; and 
(E) suicide. 
(3) Provision of practical guidance about the ef-
fectiveness of evidence-based practices, including 
how they can be implemented and steps for moni-
toring implementation and changes in behavior. 
(b) REPORT.—Not later than six months after the 
date of the enactment of this Act, the Secretary shall sub-
mit to the appropriate congressional committees a report 
containing the results of the feasibility study under sub-
section (a) and related recommendations of the Secretary. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means the following: 
(1) The Committee on Armed Services of the 
House of Representatives. 
(2) The Committee on Armed Services of the 
Senate.
468 
(3) The Committee on Transportation and In-
frastructure of the House of Representatives. 
(4) The Committee on Commerce, Science, and 
Transportation of the Senate. 
SEC. 546. ANNUAL REPORT REGARDING SEXUAL ASSAULTS 
INVOLVING MEMBERS OF THE ARMY NA-
TIONAL GUARD AND THE AIR NATIONAL 
GUARD. 
(a) ANNUAL REPORTS.—Not later than one year 
after the date of the enactment of this Act, and on an 
annual basis thereafter, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Sen-
ate and the House of Representatives a report regarding 
sexual assaults involving members of the Army National 
Guard and the Air National Guard. 
(b) ELEMENTS.—Each report under subsection (a) 
shall include the following: 
(1) The number of sexual assaults committed 
against members of the Army National Guard and 
the Air National Guard that were reported to mili-
tary officials during the year covered by the report, 
and the number of cases that were substantiated. 
(2) The number of sexual assaults committed 
by members of the Army National Guard or the Air 
National Guard that were reported to military offi-
469 
cials during the year covered by the report, and the 
number of the cases so reported that were substan-
tiated. 
(3) A synopsis of each such substantiated case, 
organized by offense, and, for each such case, the 
action taken in the case, including the type of dis-
ciplinary or administrative sanction imposed, if any, 
including courts-martial sentences, nonjudicial pun-
ishments administered by commanding officers pur-
suant to section 815 of title 10, United States Code 
(article 15 of the Uniform Code of Military Justice), 
and administrative separations. 
(4) The policies, procedures, and processes im-
plemented by the Chief of the National Guard Bu-
reau during the year covered by the report in re-
sponse to incidents of sexual assault involving mem-
bers of the Army National Guard or the Air Na-
tional Guard. 
(c) PRESENTATION
OF CERTAIN INFORMATION.— 
The information required under paragraphs (1) and (2) 
of subsection (b) shall be set forth separately for each such 
paragraph and may not be combined. 
(d) CONSULTATION.—In preparing each report under 
subsection (a), the Secretary of Defense shall consult 
with—
470 
(1) Under Secretary of Defense for Personnel 
and Readiness; 
(2) the Chief of the National Guard Bureau; 
and 
(3) the heads of such other organizations and 
elements of the Department of Defense as the Sec-
retary determines appropriate. 
Subtitle F—Member Education, 
Training, and Transition 
SEC. 551. TRAINING ON CONSEQUENCES OF COMMITTING A 
CRIME IN PRESEPARATION COUNSELING OF 
THE TRANSITION ASSISTANCE PROGRAM. 
(a) ESTABLISHMENT.—Subsection (b) of section 
1142 of title 10, United States Code, is amended by add-
ing at the end the following new paragraph: 
‘‘(20) Training regarding the consequences to 
such a member who is convicted of a crime, specifi-
cally regarding the loss of benefits from the Federal 
Government to such member.’’. 
(b) IMPLEMENTATION DATE.—The Secretary con-
cerned shall carry out paragraph (20) of such subsection, 
as added by subsection (a), not later than one year after 
the date of the enactment of this Act. 
(c) DEVELOPMENT.—The Secretary of Defense shall 
develop the training under such paragraph.
471 
(d) PROGRESS BRIEFING.—Not later than 180 days 
of the enactment of this Act, the Secretary of Defense 
shall provide a briefing to the Committees on Armed Serv-
ices of the Senate and House of Representatives regarding 
progress of the Secretary in preparing the training under 
such paragraph. 
SEC. 552. AMENDMENTS TO PATHWAYS FOR COUNSELING 
IN THE TRANSITION ASSISTANCE PROGRAM. 
Section 1142(c)(1) of title 10, United States Code, 
is amended— 
(1) in subparagraph (E), by striking ‘‘Dis-
ability’’ and inserting ‘‘Potential or confirmed med-
ical discharge of the member’’; 
(2) in subparagraph (F), by striking ‘‘Char-
acter’’ and all that follows and inserting ‘‘Potential 
or confirmed involuntary separation of the mem-
ber.’’; 
(3) by redesignating subparagraph (M) as sub-
paragraph (R); and 
(4) by inserting after subparagraph (L) the fol-
lowing: 
‘‘(M) Child care requirements of the member 
(including whether a dependent of the member is en-
rolled in the Exceptional Family Member Program).
472 
‘‘(N) The employment status of other adults in 
the household of the member. 
‘‘(O) The location of the duty station of the 
member (including whether the member was sepa-
rated from family while on duty). 
‘‘(P) The effects of operating tempo and per-
sonnel tempo on the member and the household of 
the member. 
‘‘(Q) Whether the member is an Indian or 
urban Indian, as those terms are defined in section 
4 of the Indian Health Care Improvement Act (Pub-
lic Law 94–437; 25 U.S.C. 1603).’’. 
SEC. 553. PARTICIPATION OF MEMBERS OF THE RESERVE 
COMPONENTS OF THE ARMED FORCES IN 
THE SKILLBRIDGE PROGRAM. 
Section 1143(e)(2) of title 10, United States Code, 
is amended to read as follows: 
‘‘(2) A member of the armed forces is eligible for a 
program under this subsection if— 
‘‘(A) the member— 
‘‘(i) has completed at least 180 days on ac-
tive duty in the armed forces; and 
‘‘(ii) is expected to be discharged or re-
leased from active duty in the armed forces
473 
within 180 days of the date of commencement 
of participation in such a program; or 
‘‘(B) the member is a member of a reserve com-
ponent.’’. 
SEC. 554. EXPANSION AND CODIFICATION OF MATTERS 
COVERED BY DIVERSITY TRAINING IN THE 
DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—Chapter 101 of title 10, United 
States Code, is amended by inserting before section 2002 
the following new section: 
‘‘§ 2001. Human relations, diversity, equity, and inclu-
sion training 
‘‘(a) HUMAN RELATIONS, DIVERSITY, EQUITY, AND 
INCLUSION TRAINING.— 
‘‘(1) The Secretary shall ensure that the Sec-
retary of a military department conducts ongoing 
training programs regarding human relations, diver-
sity, equity, and inclusion for all covered individuals 
under the jurisdiction of the Secretary of a military 
department. Such training shall be tailored to spe-
cific leadership levels and local area requirements. 
‘‘(2) Matters to be covered by such training in-
clude the following: 
‘‘(A) Racism.
474 
‘‘(B) Discrimination on the basis of sex 
(including pregnancy, status as a nursing moth-
er, sexual orientation, and gender identity). 
‘‘(C) Discrimination on the basis of age. 
‘‘(D) Discrimination on the basis of reli-
gion. 
‘‘(E) Discrimination on the basis of na-
tional origin. 
‘‘(F) Discrimination on the basis of color. 
‘‘(G) Discrimination on the basis of paren-
tal status. 
‘‘(H) Conscious and unconscious bias. 
‘‘(I) Discrimination based on disability, 
both physical and mental. 
‘‘(J) Failure to provide a reasonable ac-
commodation. 
‘‘(K) Whistleblowers and information re-
garding how to file an equal opportunity com-
plaint. 
‘‘(L) Reprisal. 
‘‘(M) Harassment and hostile environment. 
‘‘(N) Procedures for reporting and obtain-
ing relief for discrimination, retaliation, hostile 
work environment with respect to each compo-
nent of the workforce.
475 
‘‘(O) Procedures for appealing Equal Op-
portunity and Equal Employment Opportunity 
complaints with respect to each component of 
the workforce. 
‘‘(P) Any other matter the Secretary of 
Defense determines appropriate. 
‘‘(3) Such training shall be provided during the 
following: 
‘‘(A) Initial entry training. 
‘‘(B) Annual refresher training. 
‘‘(C) Professional military education. 
‘‘(D) Peer education. 
‘‘(E) Specialized leadership training. 
‘‘(F) Any other time the Secretary of De-
fense determines appropriate. 
‘‘(4) The Secretary of Defense shall ensure that 
such measures are taken to provide appropriate 
metrics and measurement of these efforts. 
‘‘(5) The Secretary of Defense shall ensure that 
unit commanders are aware of their responsibility to 
ensure that activity based upon discriminatory mo-
tives does not occur in units under their command. 
‘‘(b) INFORMATION PROVIDED TO PROSPECTIVE RE-
CRUITS.—The Secretary of Defense shall ensure that a 
covered individual preparing to enter an officer accession
476 
program or to execute an original enlistment agreement 
or serve as a civilian employee— 
‘‘(1) is provided information concerning the 
meaning of the oath of office or oath of enlistment 
for service in the armed forces, including conduct ex-
pected under such oath; and 
‘‘(2) is informed that if supporting such guar-
antees is not possible personally for that covered in-
dividual, then that covered individual should decline 
to join the Armed Forces. 
‘‘(c) COVERED INDIVIDUAL DEFINED.—In this sec-
tion, the term ‘covered individual’ includes— 
‘‘(1) a member of the Armed Forces; 
‘‘(2) a civilian employee of the Department; and 
‘‘(3) a contractor or sub-contractor providing 
support to the Department.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) TECHNICAL
AMENDMENT.—The table of 
sections at the beginning of such chapter is amended 
by inserting before the item relating to section 2002 
the following new item: 
‘‘2001. Human relations, diversity, equity, and inclusion training.’’. 
(2) CONFORMING
AMENDMENT.—Section 571 
of the National Defense Authorization Act for Fiscal 
Year 1997 (Public Law 104–201; 10 U.S.C. 113 
note) is repealed.
477 
SEC. 555. EXPANSION OF JUNIOR RESERVE OFFICERS’ 
TRAINING CORPS PROGRAM. 
(a) EXPANSION
OF JROTC CURRICULUM.—Para-
graph (3) of section 2031(b) of title 10, United States 
Code, is amended to read as follows: 
‘‘(3) the institution provides a course of mili-
tary instruction of not less than three academic 
years’ duration, as prescribed by the Secretary of 
the military department concerned— 
‘‘(A) which shall include an introduction to 
service opportunities in military, national, and 
public service; and 
‘‘(B) which may include instruction or ac-
tivities in the fields of science, technology, engi-
neering, and mathematics;’’. 
(b) PLAN
TO
INCREASE
NUMBER
OF
JROTC 
UNITS.—The Secretary of Defense may, in consultation 
with the Secretaries of the military departments, develop 
and implement a plan to establish and support not fewer 
than 6,000 units of the Junior Reserve Officers’ Training 
Corps by September 30, 2031. 
(c) REPORT REQUIRED.—Not later than one year 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a re-
port on the status of the Junior Reserve Officers’ Training
478 
Corps programs of each Armed Force. The report shall 
include— 
(1) an assessment of the current usage of the 
program, including the number of individuals en-
rolled in the program, the demographic information 
of individuals enrolled in the program, and the num-
ber of units established under the program; 
(2) a description of the efforts of the Armed 
Forces to meet current enrollment targets for the 
program; 
(3) an explanation of the reasons such enroll-
ment targets have not been met, if applicable; 
(4) a description of any obstacles preventing the 
Armed Forces from meeting such enrollment targets; 
(5) a comparison of the potential benefits and 
drawbacks of expanding the program; and 
(6) a description of program-wide diversity and 
inclusion recruitment and retention efforts. 
SEC. 556. DEFENSE LANGUAGE INSTITUTE FOREIGN LAN-
GUAGE CENTER. 
(a) AUTHORITY
TO
AWARD
BACHELOR’S
DE-
GREES.—Section 2168 of title 10, United States Code, is 
amended—
479 
(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 
language upon any graduate of the Foreign Lan-
guage Center of the Institute who fulfills the re-
quirements 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, 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 Asso-
ciate or Bachelor of Arts in foreign language.’’.
480 
SEC. 557. ALLOCATION OF AUTHORITY FOR NOMINATIONS 
TO THE MILITARY SERVICE ACADEMIES IN 
THE EVENT OF THE DEATH, RESIGNATION, 
OR EXPULSION FROM OFFICE OF A MEMBER 
OF CONGRESS. 
(a) UNITED STATES MILITARY ACADEMY.— 
(1) IN
GENERAL.—Chapter 753 of title 10, 
United States Code, is amended by inserting after 
section 7442 the following new section: 
‘‘§ 7442a. Cadets: nomination in event of death, res-
ignation, or expulsion from office of 
member of Congress otherwise author-
ized to nominate 
‘‘(a) SENATORS.—In the event a Senator does not 
submit nominations for cadets for an academic year in ac-
cordance with section 7442(a)(3) of this title due to death, 
resignation from office, or expulsion from office and the 
date of the swearing-in of the Senator’s successor as Sen-
ator occurs after the date of the deadline for submittal 
of nominations for cadets for the academic year, the nomi-
nations for cadets otherwise authorized to be made by the 
Senator pursuant to such section shall be made instead 
by the other Senator from the State concerned. 
‘‘(b) REPRESENTATIVES.—In the event a Representa-
tive from a State does not submit nominations for cadets 
for an academic year in accordance with section
481 
7442(a)(4) of this title due to death, resignation from of-
fice, or expulsion from office and the date of the swearing- 
in of the Representative’s successor as Representative oc-
curs after the date of the deadline for submittal of nomi-
nations for cadets for the academic year, the nominations 
for cadets otherwise authorized to be made by the Rep-
resentative pursuant to such section shall be made instead 
by the Senators from the State from the district of the 
Representative, with such nominations divided equally 
among such Senators and any remainder going to the sen-
ior Senator from the State. 
‘‘(c) CONSTRUCTION OF AUTHORITY.—Any nomina-
tion for cadets made by a Senator pursuant to this section 
is in addition to any nomination for cadets otherwise au-
thorized the Senator under section 7442 of this title or 
any other provision of law.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 753 of such title 
is amended by inserting after the item relating to 
section 7442 the following new item: 
‘‘7442a. Cadets: nomination in event of death, resignation, or expulsion from of-
fice of member of Congress otherwise authorized to nominate.’’. 
(b) UNITED STATES NAVAL ACADEMY.— 
(1) IN
GENERAL.—Chapter 853 of title 10, 
United States Code, is amended by inserting after 
section 8454 the following new section:
482 
‘‘§ 8454a. Midshipmen: nomination in event of death, 
resignation, or expulsion from office of 
member of Congress otherwise author-
ized to nominate 
‘‘(a) SENATORS.—In the event a Senator does not 
submit nominations for midshipmen for an academic year 
in accordance with section 8454(a)(3) of this title due to 
death, resignation from office, or expulsion from office and 
the date of the swearing-in of the Senator’s successor as 
Senator occurs after the date of the deadline for submittal 
of nominations for midshipmen for the academic year, the 
nominations for midshipmen otherwise authorized to be 
made by the Senator pursuant to such section shall be 
made instead by the other Senator from the State con-
cerned. 
‘‘(b) REPRESENTATIVES.—In the event a Representa-
tive from a State does not submit nominations for mid-
shipmen for an academic year in accordance with section 
8454(a)(4) of this title due to death, resignation from of-
fice, or expulsion from office and the date of the swearing- 
in of the Representative’s successor as Representative oc-
curs after the date of the deadline for submittal of nomi-
nations for midshipmen for the academic year, the nomi-
nations for midshipmen otherwise authorized to be made 
by the Representative pursuant to such section shall be 
made instead by the Senators from the State from the
483 
district of the Representative, with such nominations di-
vided equally among such Senators and any remainder 
going to the senior Senator from the State. 
‘‘(c) CONSTRUCTION OF AUTHORITY.—Any nomina-
tion for midshipmen made by a Senator pursuant to this 
section is in addition to any nomination for midshipmen 
otherwise authorized the Senator under section 8454 of 
this title or any other provision of law.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 853 of such title 
is amended by inserting after the item relating to 
section 8454 the following new item: 
‘‘8454a. Midshipmen: nomination in event of death, resignation, or expulsion 
from office of member of Congress otherwise authorized to 
nominate.’’. 
(c) AIR FORCE ACADEMY.— 
(1) IN
GENERAL.—Chapter 953 of title 10, 
United States Code, is amended by inserting after 
section 9442 the following new section: 
‘‘§ 9442a. Cadets: nomination in event of death, res-
ignation, or expulsion from office of 
member of Congress otherwise author-
ized to nominate 
‘‘(a) SENATORS.—In the event a Senator does not 
submit nominations for cadets for an academic year in ac-
cordance with section 9442(a)(3) of this title due to death, 
resignation from office, or expulsion from office and the
484 
date of the swearing-in of the Senator’s successor as Sen-
ator occurs after the date of the deadline for submittal 
of nominations for cadets for the academic year, the nomi-
nations for cadets otherwise authorized to be made by the 
Senator pursuant to such section shall be made instead 
by the other Senator from the State concerned. 
‘‘(b) REPRESENTATIVES.—In the event a Representa-
tive from a State does not submit nominations for cadets 
for an academic year in accordance with section 
9442(a)(4) of this title due to death, resignation from of-
fice, or expulsion from office and the date of the swearing- 
in of the Representative’s successor as Representative oc-
curs after the date of the deadline for submittal of nomi-
nations for cadets for the academic year, the nominations 
for cadets otherwise authorized to be made by the Rep-
resentative pursuant to such section shall be made instead 
by the Senators from the State from the district of the 
Representative, with such nominations divided equally 
among such Senators and any remainder going to the sen-
ior Senator from the State. 
‘‘(c) CONSTRUCTION OF AUTHORITY.—Any nomina-
tion for cadets made by a Senator pursuant to this section 
is in addition to any nomination of cadets otherwise au-
thorized the Senator under section 9442 of this title or 
any other provision of law.’’.
485 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 953 of such title 
is amended by inserting after the item relating to 
section 9442 the following new item: 
‘‘9442a. Cadets: nomination in event of death, resignation, or expulsion from of-
fice of member of Congress otherwise authorized to nominate.’’. 
(d) REPORT.—Not later than September 30, 2022, 
the Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and House of Represent-
atives a report regarding implementation of the amend-
ments under this section, including— 
(1) the estimate of the Secretary regarding the 
frequency with which the authorities under such 
amendments will be used each year; and 
(2) the number of times a Member of Congress 
has failed to submit nominations to the military 
academies due to death, resignation from office, or 
expulsion from office. 
SEC. 558. VOTES REQUIRED TO CALL A MEETING OF THE 
BOARD OF VISITORS OF A MILITARY SERVICE 
ACADEMY. 
(a) UNITED STATES MILITARY ACADEMY.—Section 
7455 of title 10, United States Code, is amended by add-
ing at the end the following new subsection: 
‘‘(i) A majority of the members of the Board may 
call an official meeting of the Board at any time.’’.
486 
(b) UNITED STATES NAVAL ACADEMY.—Section 
8468 of title 10, United States Code, is amended by add-
ing at the end the following new subsection: 
‘‘(i) A majority of the members of the Board may 
call an official meeting of the Board at any time.’’. 
(c) UNITED STATES AIR FORCE ACADEMY.—Section 
9455 of title 10, United States Code, is amended by add-
ing at the end the following new subsection: 
‘‘(i) A majority of the members of the Board may 
call an official meeting of the Board at any time.’’. 
SEC. 559. UNITED STATES NAVAL COMMUNITY COLLEGE. 
(a) ESTABLISHMENT.—Chapter 859 of title 10, 
United States Code, is amended by adding at the end the 
following new section: 
‘‘§ 8595. United States Naval Community College: es-
tablishment and degree granting author-
ity 
‘‘(a) ESTABLISHMENT AND FUNCTION.—There is a 
United States Naval Community College. The primary 
function of such College shall be to provide— 
‘‘(1) programs of academic instruction and pro-
fessional and technical education for individuals de-
scribed in subsection (b) in— 
‘‘(A) academic and technical fields of the 
liberal arts and sciences which are relevant to
487 
the current and future needs of the Navy and 
Marine Corps, including in designated fields of 
national and economic importance such as cy-
bersecurity, 
artificial 
intelligence, 
machine 
learning, data science, and software engineer-
ing; and 
‘‘(B) their practical duties; 
‘‘(2) remedial, developmental, or continuing 
education programs, as prescribed by the Secretary 
of the Navy, which are necessary to support, main-
tain, or extend programs under paragraph (1); 
‘‘(3) support and advisement services for indi-
viduals pursuing such programs; and 
‘‘(4) continuous monitoring of the progress of 
such individuals. 
‘‘(b) INDIVIDUALS ELIGIBLE FOR PROGRAMS.—Sub-
ject to such other eligibility requirements as the Secretary 
of the Navy may prescribe, the following individuals are 
eligible to participate in programs and services under sub-
section (a): 
‘‘(1) Enlisted members of the Navy and Marine 
Corps. 
‘‘(2) Officers of the Navy and Marine Corps 
who hold a commission but have not completed a 
postsecondary degree.
488 
‘‘(3) Civilian employees of the Department of 
the Navy. 
‘‘(4) Other individuals, as determined by the 
Secretary of the Navy, so long as access to programs 
and services under subsection (a) by such individuals 
is— 
‘‘(A) in alignment with the mission of the 
United States Naval Community College; and 
‘‘(B) determined to support the mission or 
needs of the Department of the Navy. 
‘‘(c) DEGREE AND CREDENTIAL GRANTING AUTHOR-
ITY.— 
‘‘(1) IN
GENERAL.—Under regulations pre-
scribed by the Secretary of the Navy, the head of 
the United States Naval Community College may, 
upon the recommendation of the directors and fac-
ulty of the College, confer appropriate degrees or 
academic credentials upon graduates who meet the 
degree or credential requirements. 
‘‘(2) LIMITATION.—A degree or credential may 
not be conferred under this subsection unless— 
‘‘(A) the Secretary of Education has rec-
ommended approval of the degree or credential 
in accordance with the Federal Policy Gov-
489 
erning Granting of Academic Degrees by Fed-
eral Agencies; and 
‘‘(B) the United States Naval Community 
College is accredited by the appropriate civilian 
academic accrediting agency or organization to 
award the degree or credential, as determined 
by the Secretary of Education. 
‘‘(3) CONGRESSIONAL NOTIFICATION REQUIRE-
MENTS.— 
‘‘(A) When seeking to establish degree or 
credential granting authority under this sub-
section, the Secretary of Defense shall submit 
to the Committees on Armed Services of the 
Senate and House of Representatives— 
‘‘(i) a copy of the self assessment 
questionnaire required by the Federal Pol-
icy Governing Granting of Academic De-
grees by Federal Agencies, at the time the 
assessment is submitted to the Department 
of Education’s National Advisory Com-
mittee on Institutional Quality and Integ-
rity; and 
‘‘(ii) the subsequent recommendations 
and rationale of the Secretary of Edu-
490 
cation regarding the establishment of the 
degree or credential granting authority. 
‘‘(B) Upon any modification or redesigna-
tion of existing degree or credential granting 
authority, the Secretary of Defense shall submit 
to the Committees on Armed Services of the 
Senate and House of Representatives a report 
containing the rationale for the proposed modi-
fication or redesignation and any subsequent 
recommendation of the Secretary of Education 
on the proposed modification or redesignation. 
‘‘(C) The Secretary of Defense shall sub-
mit to the Committees on Armed Services of 
the Senate and House of Representatives a re-
port containing an explanation of any action by 
the appropriate academic accrediting agency or 
organization not to accredit the United States 
Naval Community College to award any new or 
existing degree or credential. 
‘‘(d) CIVILIAN FAULTY MEMBERS.— 
‘‘(1) AUTHORITY
OF
SECRETARY.—The Sec-
retary of the Navy may employ as many civilians as 
professors, instructors, and lecturers at the United 
States Naval Community College as the Secretary 
considers necessary.
491 
‘‘(2) COMPENSATION.—The compensation of 
persons employed under this subsection shall be pre-
scribed by the Secretary of the Navy.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 859 of title 10, United States 
Code, is amended by adding at the end the following new 
item: 
‘‘8595. United States Naval Community College: establishment and degree 
granting authority.’’. 
SEC. 559A. CODIFICATION OF ESTABLISHMENT OF UNITED 
STATES AIR FORCE INSTITUTE OF TECH-
NOLOGY. 
(a) IN GENERAL.—Chapter 951 of title 10, United 
States Code, is amended by inserting before section 9414 
the following new section: 
‘‘§ 9413. United States Air Force Institute of Tech-
nology: establishment 
‘‘There is in the Department of the Air Force a 
United States Air Force Institute of Technology, the pur-
poses of which are to perform research and to provide, 
to members of the Air Force and Space Force (including 
the reserve components) and civilian employees of such 
Department, advanced instruction and technical education 
regarding their duties.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting,
492 
before the item relating to section 9414, the following new 
item: 
‘‘9413. United States Air Force Institute of Technology: establishment.’’. 
SEC. 559B. CLARIFICATIONS REGARDING SCOPE OF EM-
PLOYMENT AND REEMPLOYMENT RIGHTS OF 
MEMBERS OF THE UNIFORMED SERVICES. 
(a) CLARIFICATION
REGARDING
DEFINITION
OF 
RIGHTS AND BENEFITS.—Section 4303(2) of title 38, 
United States Code, is amended— 
(1) by inserting ‘‘(A)’’ before ‘‘The term’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(B) Any procedural protections or provisions 
set forth in this chapter shall also be considered a 
right or benefit subject to the protection of this 
chapter.’’. 
(b) CLARIFICATION
REGARDING
RELATION
TO 
OTHER LAW AND PLANS FOR AGREEMENTS.—Section 
4302 of such title is amended by adding at the end the 
following: 
‘‘(c)(1) Pursuant to this section and the procedural 
rights afforded by subchapter III of this chapter, any 
agreement to arbitrate a claim under this chapter is unen-
forceable, unless all parties consent to arbitration after a 
complaint on the specific claim has been filed in court or 
with the Merit Systems Protection Board and all parties
493 
knowingly and voluntarily consent to have that particular 
claim subjected to arbitration. 
‘‘(2) For purposes of this subsection, consent shall 
not be considered voluntary when a person is required to 
agree to arbitrate an action, complaint, or claim alleging 
a violation of this chapter as a condition of future or con-
tinued employment, advancement in employment, or re-
ceipt of any right or benefit of employment.’’. 
SEC. 559C. CLARIFICATION AND EXPANSION OF PROHIBI-
TION ON GENDER-SEGREGATED TRAINING IN 
THE MARINE CORPS. 
Section 565 of the National Defense Authorization 
Act for Fiscal Year 2020 (10 U.S.C. 8431 note prec.) is 
amended— 
(1) in the heading, by inserting ‘‘AND OFFI-
CER CANDIDATES SCHOOL’’ after ‘‘DEPOTS’’; 
(2) in subsection (a)(1)— 
(A) by striking ‘‘training’’ and inserting 
‘‘no training platoon’’; and 
(B) by striking ‘‘not’’; 
(3) in subsection (b)(1)— 
(A) by striking ‘‘training’’ and inserting 
‘‘no training platoon’’; and 
(B) by striking ‘‘not’’; and
494 
(4) by adding at the end the following new sub-
sections: 
‘‘(c) NEW LOCATION.—No training platoon at a Ma-
rine Corps recruit depot established after the date of the 
enactment of this Act may be segregated based on gender. 
‘‘(d) OFFICER CANDIDATES SCHOOL.— 
‘‘(1) PROHIBITION.—Subject to paragraph (2), 
training at Officer Candidates School, Quantico, Vir-
ginia, may not be segregated based on gender. 
‘‘(2) DEADLINE.—The Commandant of the Ma-
rine Corps shall carry out this subsection not later 
than five years after the date of the enactment of 
this Act.’’. 
SEC. 559D. REQUIREMENT TO ISSUE REGULATIONS ENSUR-
ING 
CERTAIN 
PARENTAL 
GUARDIANSHIP 
RIGHTS OF CADETS AND MIDSHIPMEN. 
(a) REGULATIONS REQUIRED.— 
(1) IN
GENERAL.—Each Secretary concerned 
shall prescribe by regulation policies ensuring that 
the parental guardianship rights of cadets and mid-
shipmen are protected consistent with individual and 
academic responsibilities. 
(2) PROTECTION OF PARENTAL GUARDIANSHIP 
RIGHTS.—The regulations prescribed under para-
graph (1) shall provide that—
495 
(A) a cadet or midshipman of a covered 
service academy may not be required to give up 
such cadet or midshipman’s parental guardian-
ship rights in the event of a pregnancy occur-
ring after the beginning of such cadet or mid-
shipman’s first day of academic courses; 
(B) except as provided under paragraph 
(3), a covered service academy may not involun-
tarily dis-enroll a cadet or midshipman who be-
comes pregnant or fathers a child while enrolled 
at such academy after the first day of academic 
courses; and 
(C) a cadet or midshipman who becomes 
pregnant or fathers a child while enrolled at a 
covered service academy shall be allowed to take 
leave for up to one year and return to the acad-
emy to resume classes afterward. 
(3) RESPONSIBILITIES OF PARENTS ENROLLED 
AT COVERED SERVICE ACADEMIES.—The regulations 
prescribed under paragraph (1) shall require cadets 
and midshipmen with dependents to establish a fam-
ily care plan in consultation with and approved by 
appropriate academy leadership. The family care 
plan shall—
496 
(A) designate a full-time care provider, 
such as another parent or guardian of the de-
pendent or a family member of the cadet or 
midshipman, who shall— 
(i) be responsible for the dependent; 
(ii) not be enrolled at a covered serv-
ice academy; and 
(iii) have either full power-of-attorney 
or guardianship rights in order to prevent 
situations where such cadet or midshipman 
is pulled away from such cadet or mid-
shipman’s duties and responsibilities at the 
covered service academy; 
(B) ensure that such cadet or mid-
shipman— 
(i) does not rely on base facilities or 
child-care services and is able to function 
as any other cadet or midshipman, includ-
ing residing in covered service academy 
dormitories; 
(ii) except as provided under para-
graphs (4) and (5)(B)(i), does not receive 
additional compensation benefits or conces-
sions from the covered service academy on
497 
account of having a dependent, including 
money, leave, or liberty; 
(iii) is not be excused on account of 
such dependent from standard classes, 
training, traveling, fitness requirements, or 
any other responsibilities inherent to at-
tending a covered service academy; and 
(C) ensure, that if both parents of a de-
pendent are cadets or midshipmen at a covered 
service academy, the parents shall agree on the 
family care plan or face expulsion (with no in-
curred obligations). 
(4) OPTIONS FOR PREGNANT CADETS AND MID-
SHIPMEN.—The regulations prescribed under para-
graph (1) shall provide that females becoming preg-
nant while enrolled at a covered service academy 
shall have, at a minimum, the following options: 
(A) At the conclusion of the current semes-
ter or when otherwise deemed medically appro-
priate, taking leave from the covered service 
academy for up to one year followed by a return 
to full cadet or midshipman status. 
(B) Seek a transfer to a university with a 
Reserve Officers’ Training Corps for the Armed 
Force under the military department concerned.
498 
(C) Full release from the covered service 
academy and any related obligations. 
(D) Enlistment in active-duty service, with 
all of the attendant benefits. 
(5) TREATMENT
OF
MALES
FATHERING
A 
CHILD
WHILE
ENROLLED
AT
COVERED
SERVICE 
ACADEMIES.—The 
regulations 
prescribed 
under 
paragraph (1) shall provide that males fathering a 
child while enrolled at a covered service academy— 
(A) shall not be required to give up paren-
tal rights; and 
(B) shall not acquire any benefits or leave 
considerations as a result of fathering a child, 
except that— 
(i) academy leadership shall establish 
policies to allow cadets and midshipmen at 
least one week of leave to attend the birth 
of such child, which must be used in con-
junction with the birth; and 
(ii) in the event the male father be-
comes the sole financial provider for a de-
pendent, the academy shall provide the fa-
ther the same options available to a cadet 
or midshipman who becomes a mother 
while enrolled, including remaining enrolled
499 
in accordance with a family care plan es-
tablished pursuant to paragraph (3) or se-
lecting one of the options specified in sub-
paragraphs (B) and (C) of paragraph (4). 
(6) RULE OF CONSTRUCTION.—Nothing in this 
section shall be construed as requiring or providing 
for the changing of admission requirements at any 
of the covered service academies. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘covered service academy’’ means 
the following: 
(A) The United States Military Academy, 
West Point, New York. 
(B) The United States Naval Academy, 
Annapolis, Maryland. 
(C) The United States Air Force Academy, 
Colorado Springs, Colorado. 
(D) The United States Coast Guard Acad-
emy, New London, Connecticut. 
(E) The United States Merchant Marine 
Academy, Kings Point, New York. 
(2) The term ‘‘Secretary concerned’’ means— 
(A) with respect to the United States Mili-
tary Academy, the United States Naval Acad-
emy, and the United States Air Force Academy,
500 
the Secretary of Defense, in consultation with 
the Secretaries of the military departments and 
the Superintendent of each such academy; 
(B) with respect to the United States 
Coast Guard Academy, the Secretary of Home-
land Security, in consultation with the Com-
mandant of the Coast Guard and the Super-
intendent of the Coast Guard Academy; and 
(C) with respect to the United States Mer-
chant Marine Academy, the Secretary of Trans-
portation, in consultation with the Adminis-
trator of the Maritime Administration and the 
Superintendent of the Merchant Marine Acad-
emy. 
SEC. 559E. DEFENSE LANGUAGE CONTINUING EDUCATION 
PROGRAM. 
(a) IN GENERAL.—Not later than 120 days after the 
date of the enactment of this Act, the Under Secretary 
of Defense for Personnel and Readiness shall coordinate 
with the Director of the Defense Intelligence Agency to 
designate an executive agent for commercially available 
advanced foreign language training to meet operational 
readiness requirements of the Department of Defense. 
(b) ELEMENTS.—The executive agent designated in 
subsection (a) shall be responsible for the following:
501 
(1) Developing policies, procedures, and cur-
ricula to allow for continuing language training 
when linguists transition to operational environ-
ments from education or training environments, 
such as the Defense Language Institute, the Defense 
Language and National Security Education Office, 
or service-based training. 
(2) Identifying the resourcing requirements nec-
essary for each armed force to have access to the 
following foreign language training elements: 
(A) A foreign language and current culture 
training and maintenance virtual immersion 
program covering strategic languages (as des-
ignated by the Federal Government), with a 
range of multimedia materials including— 
(i) current and authentic copyrighted 
multimedia content (video, audio, print, 
etc.), in multiple genres, that have been 
cleared for legal use; 
(ii) foreign-originated newscasts and 
interviews with foreign speakers; and 
(iii) any other content determined by 
the executive agent to be necessary for per-
sonnel to acquire proper vocabulary, phra-
seology, and enhanced understanding of
502 
the nuances associated with foreign cul-
tures. 
(B) Anytime accessibility, both on-line and 
via mobile device. 
(C) Training programs with success proven 
by previous partnerships with academic institu-
tions in the United States or other departments 
and agencies of the Federal Government. 
(c) REIMBURSEMENT AUTHORITY.—Not later than 
180 days after the date of the enactment of this Act, the 
executive agent, in coordination with the chief of each cov-
ered Armed Force, shall establish a procedure through 
which the Armed Force shall reimburse any organization 
of the Department of Defense that provides instruction 
under this section to members of that Armed Force for 
the costs of such instruction. 
(d) COVERED ARMED FORCE DEFINED.—In this sec-
tion, the term ‘‘covered Armed Force’’ means the Army, 
Navy, Air Force, Marine Corps, and Space Force. 
SEC. 559F. PUBLIC-PRIVATE CONSORTIUM TO IMPROVE 
PROFESSIONAL MILITARY EDUCATION. 
(a) ESTABLISHMENT.—The Secretary of Defense, 
acting through the Chairman of the Joint Chiefs of Staff 
and in consultation with the Under Secretary of Defense 
for Personnel and Readiness, may establish and maintain
503 
a public-private consortium (referred to in this section as 
the ‘‘Consortium’’) to improve and broaden professional 
military education for military officers and civilian em-
ployees of the Federal Government. 
(b) DIRECTORS.— 
(1) IN GENERAL.—The President of the Na-
tional Defense University and the head of a civilian 
institution of higher education appointed in accord-
ance with paragraph (3) shall serve as co-directors 
of the Consortium. 
(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 CI-
VILIAN INSTITUTION.—Not later than June 1, 2022, 
the Secretary of Defense shall appoint an individual 
who is the President or Chancellor of a civilian insti-
tution of higher education to serve as co-director of 
the Consortium as described in paragraph (1). 
(4) TERM OF CO-DIRECTOR.—The co-director 
appointed under paragraph (3) shall serve an initial
504 
term of five years. The Secretary of Defense may re-
appoint such co-director for one or more additional 
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 
conflict 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-ca-
reer, and senior military officers and civilian employ-
ees 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 be-
505 
fore, with disruptions that will manifest rapidly and 
with little warning. 
(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 
military education system should be modified to 
meet the challenges of apparent or possible future 
defense, national security, and international environ-
ments. 
(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 Govern-
ment that provide military education. 
(4) Civilian institutions of higher education. 
(5) Private sector and government policy re-
search institutes.
506 
(6) Organizations in the commercial sector, in-
cluding organizations from the industrial, finance, 
and technology sectors. 
(e) ANNUAL REPORT.—Not later than September 30, 
2023, and annually thereafter, the co-directors of the Con-
sortium shall submit to the Secretary of Defense and the 
appropriate congressional committees a report that de-
scribes the activities carried out by the Consortium during 
the preceding year. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services and 
the Committee on Transportation and Infra-
structure of the House of Representatives; and 
(B) the Committee on Armed Services and 
the Committee on the Environment and Public 
Works of the Senate. 
(2) The term ‘‘civilian institution of higher edu-
cation’’ 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 con-
trolled by the Federal Government.
507 
SEC. 559G. STANDARDS FOR TRAINING OF SURFACE WAR-
FARE OFFICERS AND ENLISTED MEMBERS. 
(a) ESTABLISHMENT.—Not later than September 30, 
2022, the Secretary of the Navy shall establish standards 
and procedures (subject to subsection (b)) by which a 
Navy surface warfare officer or enlisted member of the 
Navy who serves in a bridge or engine department may 
be issued a merchant mariner credential in accordance 
with part E of subtitle II of title 46, United States Code, 
including— 
(1) a merchant mariner credential with a na-
tional officer endorsement under section 10.109(a) 
of title 46, Code Federal Regulations, as in effect on 
the date of the enactment of this Act; 
(2) a national rating endorsement under sub-
section (b) or (c) of section 10.109 of such title; or 
(3) a Standards of Training, Certification, and 
Watchkeeping endorsement under section 10.109 (d) 
of such title. 
(b) STRINGENCY.—In no case shall the standards de-
scribed in subsection (a) be less stringent than the stand-
ards applied by the Army, Military Sealift Command, or 
Coast Guard vessel operators. 
(c) REPORT.—Upon establishment under subsection 
(a), the Secretary of the Navy shall submit to the appro-
priate congressional committees a report that updates the
508 
military-to-mariner transition provided in response to sec-
tion 568 of the National Defense Authorization Act for 
Fiscal Year 2017 (Public Law 114–328) that includes— 
(1) a description of the how the training pro-
gram for surface warfare officers exceeds the min-
imum requirements for a merchant mariner creden-
tial with an appropriate endorsement— 
(A) meets the requirements for a merchant 
mariner credential with an appropriate endorse-
ment; and 
(B) exceeds such requirements; 
(2) a list of the proposed naval curriculum 
courses that have been submitted to the National 
Maritime Center for course credentialing approval; 
and 
(3) a timeline for— 
(A) all personnel described in subsection 
(b)(1) to be qualified to be issued merchant 
mariner credentials with national officer and 
ratings endorsements; and 
(B) 50 percent of such personnel to receive 
such credential with Standards of Training, 
Certification, and Watchkeeping endorsement.
509 
(d) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means the following: 
(1) The congressional defense committees (as 
that term is defined in section 101 of title 10, 
United States Code). 
(2) The Committee on Transportation and In-
frastructure of the House of Representatives. 
(3) The Committee on Commerce, Science, and 
Transportation of the Senate. 
SEC. 559H. PROFESSIONAL MILITARY EDUCATION: REPORT; 
DEFINITION. 
(a) REPORT.— 
(1) IN GENERAL.—Not later than July 1, 2022, 
the Secretary of Defense, in consultation with the 
Chairman of the Joint Chiefs of Staff, shall submit 
to the Committees on Armed Services of the Senate 
and the House of Representatives a report setting 
forth the results of a review and assessment of the 
definition of professional military education in the 
Department of Defense and the military depart-
ments as specified in subsection (c). 
(2) ELEMENTS.—The report under this sub-
section shall include the following elements:
510 
(A) A consolidated summary of all defini-
tions of the term ‘‘professional military edu-
cation’’ used in the Department of Defense and 
the military departments. 
(B) A description of how such term is used 
in the Department of Defense in educational in-
stitutions, associated schools, programs, think 
tanks, research centers, and support activities. 
(C) An analysis of how such term— 
(i) applies to tactical, operational, and 
strategic settings; and 
(ii) is linked to mission requirements. 
(D) An analysis of how professional mili-
tary education has been applied and linked 
through all levels of Department of Defense 
education and training. 
(E) The applicability of professional mili-
tary education to the domains of warfare, in-
cluding land, air, sea, space, and cyber. 
(F) With regards to online and virtual 
learning in professional military education— 
(i) an analysis of the use of such 
learning; and 
(ii) student satisfaction in comparison 
to traditional classroom learning.
511 
(b) DEFINITION.—Not later than one year after the 
date of the enactment of this Act, the Secretary of De-
fense, in coordination with the Chairman of the Joint 
Chiefs of Staff and the Secretaries of the military depart-
ments, using the report under subsection (a), shall stand-
ardize the definition of ‘‘professional military education’’ 
across the military departments and the Department of 
Defense. 
SEC. 559I. STUDY ON TRAINING AND EDUCATION OF MEM-
BERS OF THE ARMED FORCES REGARDING 
SOCIAL REFORM AND UNHEALTHY BEHAV-
IORS. 
(a) STUDY.—Not later than April 1, 2022, the Sec-
retary of Defense, in consultation with the Secretaries of 
the military departments, shall conduct a study on train-
ing and courses of education offered to covered members 
regarding— 
(1) sexual assault; 
(2) sexual harassment; 
(3) extremism; 
(4) domestic violence; 
(5) diversity, equity, and inclusion; 
(6) military equal opportunity; 
(7) suicide prevention; and 
(8) substance abuse.
512 
(b) ELEMENTS.—The study under subsection (a) 
shall identify, with regard to each training or course of 
education, the following: 
(1) Sponsor. 
(2) Location. 
(3) Method. 
(4) Frequency. 
(5) Number of covered members who have par-
ticipated. 
(6) Legislation, regulation, instruction, or guid-
ance that requires such training or course (if appli-
cable). 
(7) Metrics of— 
(A) performance; 
(B) effectiveness; and 
(C) data collection. 
(8) Responsibilities of the Secretary of Defense 
or Secretary of a military department to— 
(A) communicate with non-departmental 
entities; 
(B) process feedback from trainers, train-
ees, and such entities; 
(C) connect such training or course to tac-
tical, operational, and strategic goals; and
513 
(D) connect such training or course to 
other training regarding social reform and 
unhealthy behavior. 
(9) Analyses of— 
(A) whether the metrics described in para-
graph (7) are standardized across the military 
departments; 
(B) mechanisms used to engage non-de-
partmental entities to assist in the development 
of such training or courses; 
(C) incentives used to ensure the effective-
ness of such training or courses; 
(D) how each training or courses is in-
tended to change behavior; and 
(E) costs of such training and courses. 
(10) Recommendations of the Secretary of De-
fense to improve such training or courses, including 
the estimated costs to implement such improve-
ments. 
(11) Any other information the Secretary of 
Defense determines relevant. 
(c) REPORT.—Not later than July 1, 2022, the Sec-
retary of Defense shall submit to the Committees on 
Armed Services of the Senate and House of Representa-
514 
tives a report on the results of the study under this sec-
tion. 
(d) COVERED MEMBER DEFINED.—In this section, 
the term ‘‘covered member’’ means a member of an Armed 
Force under the jurisdiction of the Secretary of a military 
department. 
SEC. 559J. NOTICE PROGRAM RELATING TO OPTIONS FOR 
NATURALIZATION. 
(a) UPON ENLISTMENT.—Every military recruiter or 
officer overseeing an enlistment shall provide to every re-
cruit proper notice of that recruit’s options for naturaliza-
tion under title III of the Immigration and Nationality 
Act (8 U.S.C. 1401 et seq.), and shall inform the recruit 
of existing programs or services that may aid in the re-
cruit’s naturalization process, including directing the re-
cruit to the Judge Advocate General or other designated 
point-of-contact for naturalization. 
(b) UPON DISCHARGE.—The Secretary of Homeland 
Security, acting through the Director of U.S. Citizenship 
and Immigration Services, and in coordination with the 
Secretary of Defense, shall provide to every former mem-
ber of the Armed Forces, upon separation from the Armed 
Forces, an adequate notice of that former member’s op-
tions for naturalization under title III of the Immigration 
and Nationality Act (8 U.S.C. 1401 et seq.), and shall
515 
inform the former member of existing programs and serv-
ices that may aid in the naturalization process. The Sec-
retary shall issue along with this notice a copy of each 
form required for naturalization. When appropriate, the 
Secretary of Defense shall provide the former member, at 
no expense to the former member, with the certification 
described in section 329(b)(3) of such Act (8 U.S.C. 
1440(b)(3)). 
SEC. 559K. PILOT PROGRAM ON ACTIVITIES UNDER THE 
TRANSITION ASSISTANCE PROGRAM FOR A 
REDUCTION IN SUICIDE AMONG VETERANS. 
(a) PILOT PROGRAM REQUIRED.—The Secretary of 
Defense and the Secretary of Veterans Affairs shall jointly 
carry out a pilot program to assess the feasibility and ad-
visability of providing the module described in subsection 
(b) and the services described in subsection (c) as part 
of the Transition Assistance Program for members of the 
Armed Forces participating in the Transition Assistance 
Program as a means of reducing the incidence of suicide 
among veterans. 
(b) MODULE.—The module described in this sub-
section is a three-hour module under the Transition As-
sistance Program for each member of the Armed Forces 
participating in the pilot program that includes the fol-
lowing: