314 
(1) constitute a record for the purposes of 
chapters 21, 29, 31, and 33 of title 44, United 
States Code; and 
(2) include any underlying datasets or addi-
tional information of interest to the public, as deter-
mined by the Secretary of Defense. 
(d) LOCAL NOTIFICATION.—Prior to conducting any 
testing for perfluoroalkyl or polyfluoroalkyl substances, 
the Secretary of Defense shall provide to the managers 
of the public water system and the publicly owned treat-
ment works serving the areas located immediately adja-
cent to the military installation where such testing is to 
occur notice in writing of the testing. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘formerly used defense site’’ 
means any site formerly used by the Department of 
Defense or National Guard eligible for environ-
mental restoration by the Secretary of Defense fund-
ed under the ‘‘Environmental Restoration Account, 
Formerly Used Defense Sites’’ account established 
under section 2703(a)(5) of title 10, United States 
Code. 
(2) The term ‘‘military installation’’ has the 
meaning given such term in section 2801(c)(4) of 
title 10, United States Code.
315 
(3) The term ‘‘perfluoroalkyl or polyfluoroalkyl 
substance’’ means any per or polyfluoroalkyl sub-
stance with at least one fully fluorinated carbon 
atom. 
(4) The term ‘‘public water system’’ has the 
meaning given such term under section 1401(4) of 
the Safe Drinking Water Act (42 U.S.C. 300f(4)). 
(5) The term ‘‘treatment works’’ has the mean-
ing given such term in section 212(2) of the Federal 
Water Pollution Control Act (33 U.S.C. 1292(2)). 
SEC. 336. BIOLOGICAL THREATS REPORT. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Secretary of Defense, 
in coordination with the Secretary of State, shall submit 
to the appropriate congressional committees a report on 
efforts to prevent, detect, and respond to biological 
threats, including through cooperation with bilateral and 
multilateral partners. 
(b) ELEMENTS.—The report shall include the fol-
lowing: 
(1) A description of actions taken by the De-
partment of Defense to improve proliferation preven-
tion regarding, detection of, and response to biologi-
cal threats of natural, accidental, or deliberate ori-
gin, including the following:
316 
(A) Department of Defense policy guidance 
to address the threat of naturally and acciden-
tally occurring diseases in addition to potential 
deliberate biological events. 
(B) Organizational chart describing those 
responsible in each Department for coordi-
nating these activities, in accordance with the 
report required by section 745 of the National 
Defense Authorization Act for Fiscal Year 2020 
(Public Law 116–92). 
(C) A description of efforts to integrate 
Department of Defense infectious disease re-
search, cooperative threat reduction programs, 
and other activities designed to protect Depart-
ment of Defense personnel against infectious 
disease threats. 
(2) Programs and policies to address the threat 
of accidental or deliberate misuse of emerging bio-
logical technologies, including synthetic biology, in-
cluding Cooperative Threat Reduction, efforts to co-
operate with other partners to establish international 
norms and standards, consideration of new tech-
nologies in the Biological Threat Reduction Pro-
gram, and efforts to develop countermeasures.
317 
SEC. 337. REPORT ON ENERGY SAVINGS PERFORMANCE 
CONTRACTS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, the Secretary of Defense 
shall submit to the appropriate congressional committees 
a report on the use of energy savings performance con-
tracts (in this section referred to as ‘‘ESPCs’’) by the De-
partment of Defense. Such report shall include— 
(1) the total investment value of the total num-
ber of ESPCs per service for fiscal years 2016 
through 2020; 
(2) the location of facilities with ESPCs for fis-
cal years 2016 through 2020; 
(3) any limitations on expanding ESPCs 
throughout the Department of Defense; 
(4) the effect ESPCs have on military readi-
ness; and 
(5) any additional information the Secretary de-
termines relevant. 
(b) APPROPRIATE CONGRESSIONAL COMMITTEES.— 
In this section, the appropriate congressional committees 
are— 
(1) the Committee on Armed Services and the 
Committee on Energy and Commerce of the House 
of Representatives; and
318 
(2) the Committee on Armed Services, the 
Committee on Energy and Natural Resources, and 
the Committee on Environment and Public Works of 
the Senate. 
SEC. 338. SENSE OF CONGRESS REGARDING AN INTE-
GRATED MASTER PLAN TOWARDS ACHIEVING 
NET ZERO. 
It is the sense of Congress that the Department of 
Defense should develop an integrated master plan for pur-
suing Net Zero initiatives and reductions in fossil fuels 
using the findings of— 
(1) the assessment of Department of Defense 
operational energy usage required under section 318; 
(2) the Comptroller General report on Depart-
ment of Defnse installation energy required under 
section 323; and 
(3) the Department of Defense report on emis-
sions required under section 324. 
SEC. 339. INCREASE IN FUNDING FOR CENTERS FOR DIS-
EASE CONTROL STUDY ON HEALTH IMPLICA-
TIONS HEALTH IMPLICATIONS OF PER- AND 
POLYFLUOROALKYL SUBSTANCES CONTAMI-
NATION IN DRINKING WATER. 
Section 316(a)(2)(B)(ii) of the National Defense Au-
thorization Act for Fiscal Year 2018 (Public Law 115–
319 
91) is amended by striking ‘‘$10,000,000’’ and inserting 
‘‘$15,000,000’’. 
SEC. 340. MORATORIUM ON INCINERATION BY DEPART-
MENT OF DEFENSE OF PERFLUOROALKYL 
SUBSTANCES, 
POLYFLUOROALKYL 
SUB-
STANCES, AND AQUEOUS FILM FORMING 
FOAM. 
(a) IN GENERAL.—Beginning on the date of the en-
actment of this Act, the Secretary of Defense shall pro-
hibit the incineration of materials containing per- and 
polyfluoroalkyl substances or aqueous film forming foam 
until regulations have been prescribed by the Secretary 
that— 
(1) implement the requirements of section 330 
of the National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116–92); and 
(2) take into consideration the interim guidance 
published by the Administrator of the Environ-
mental Protection Agency under section 7361 of the 
National Defense Authorization Act for Fiscal Year 
2020 (Public Law 116–92). 
(b) REPORT.—Not later than 1 year after the publi-
cation of the final regulations described in subsection (a), 
and annually thereafter, the Secretary shall submit to the 
Administrator of the Environmental Protection Agency a
320 
report on all incineration by the Department of Defense 
of 
materials 
containing 
perfluoroalkyl 
substances, 
polyfluoroalkyl substances, or aqueous film forming foam 
during the year covered by the report, including— 
(1) the total amount of such materials inciner-
ated; 
(2) the temperature range at which such mate-
rials were incinerated; and 
(3) the locations and facilities where such mate-
rials were incinerated. 
SEC. 341. GUARANTEEING EQUIPMENT SAFETY FOR FIRE-
FIGHTERS ACT OF 2020. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Guaranteeing Equipment Safety for Firefighters Act of 
2020’’. 
(b) NATIONAL
INSTITUTE
OF
STANDARDS
AND 
TECHNOLOGY STUDY ON PER- AND POLYFLUOROALKYL 
SUBSTANCES
IN PERSONAL PROTECTIVE EQUIPMENT 
WORN BY FIREFIGHTERS.— 
(1) IN GENERAL.—Not later than 3 years after 
the date of the enactment of this Act, the Director 
of the National Institute of Standards and Tech-
nology shall, subject to availability of appropriations, 
in consultation with the Director of the National In-
stitute for Occupational Safety and Health, complete
321 
a study of the contents and composition of new and 
unused personal protective equipment worn by fire-
fighters. 
(2) CONTENTS OF STUDY.—In carrying out the 
study required by paragraph (1), the Director of the 
National Institute of Standards and Technology 
shall examine— 
(A) the identity, prevalence, and concentra-
tion of per- and polyfluoroalkyl substances 
(commonly known as ‘‘PFAS’’) in the personal 
protective equipment worn by firefighters; 
(B) the conditions and extent to which per- 
and polyfluoroalkyl substances are released into 
the environment over time from the degradation 
of personal protective equipment from normal 
use by firefighters; and 
(C) the relative risk of exposure to per- 
and polyfluoroalkyl substances faced by fire-
fighters from— 
(i) their use of personal protective 
equipment; and 
(ii) degradation of personal protective 
equipment from normal use by firefighters. 
(3) REPORTS.—
322 
(A) PROGRESS
REPORTS.—Not less fre-
quently than once each year for the duration of 
the study conducted under paragraph (1), the 
Director shall submit to Congress a report on 
the progress of the Director in conducting such 
study. 
(B) FINAL REPORT.—Not later than 90 
days after the date on which the Director com-
pletes the study required by paragraph (1), the 
Director shall submit to Congress a report de-
scribing— 
(i) the findings of the Director with 
respect to the study; and 
(ii) recommendations on what addi-
tional research or technical improvements 
to personal protective equipment materials 
or components should be pursued to avoid 
unnecessary occupational exposure among 
firefighters to per- and polyfluoroalkyl sub-
stances through personal protective equip-
ment. 
(c) RESEARCH
ON PER- AND POLYFLUOROALKYL 
SUBSTANCES
IN PERSONAL PROTECTIVE EQUIPMENT 
WORN BY FIREFIGHTERS.—
323 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the submittal of the report required 
by subsection (b)(3)(B), the Director of the National 
Institute of Standards and Technology shall— 
(A) issue a solicitation for research pro-
posals to carry out the research recommenda-
tions identified in the report submitted under 
subsection (b)(3); and 
(B) award grants to applicants that submit 
research proposals to develop safe alternatives 
to per- and polyfluoroalkyl substances in per-
sonal protective equipment. 
(2) CRITERIA.—The Director shall select re-
search proposals to receive a grant under paragraph 
(1) on the basis of merit, using criteria identified by 
the Director, including the likelihood that the re-
search results will address the findings of the Direc-
tor with respect to the study conducted under sub-
section (b)(1). 
(3) ELIGIBLE ENTITIES.—Any entity or group 
of 2 or more entities may submit to the Director a 
research proposal in response to the solicitation for 
research proposals under paragraph (1), including— 
(A) State and local agencies;
324 
(B) public institutions, including public in-
stitutions of higher education; 
(C) private corporations; and 
(D) nonprofit organizations. 
(d) AUTHORITY FOR DIRECTOR OF THE NATIONAL 
INSTITUTE OF STANDARDS AND TECHNOLOGY TO CON-
SULT WITH EXPERTS ON MATTERS RELATING TO PER- 
AND POLYFLUOROALKYL SUBSTANCES.—In carrying out 
this section, the Director of the National Institute of 
Standards and Technology may consult with Federal 
agencies, nongovernmental organizations, State and local 
governments, and science and research institutions deter-
mined by the Director to have scientific or material inter-
est in reducing unnecessary occupational exposure to per- 
and polyfluoroalkyl substances by firefighters. 
(e) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be 
appropriated to the Director $2,500,000 to carry out 
this section. 
(2) 
SUPPLEMENT
NOT
SUPPLANT.—Funds 
made available to carry out this section shall supple-
ment and not supplant funds made available to the 
Director for other purposes.
325 
SEC. 342. ASSESSMENT OF DEPARTMENT OF DEFENSE EX-
CESS PROPERTY PROGRAMS WITH RESPECT 
TO NEED AND WILDFIRE RISK. 
(a) ASSESSMENT OF PROGRAMS.— 
(1) IN GENERAL.—The Secretary of Defense, 
acting through the Director of the Defense Logistics 
Agency, jointly with the Secretary of Agriculture, 
acting through the Chief of the Forest Service, shall 
assess the Firefighter Property Program (FFP) and 
the Federal Excess Personal Property Program 
(FEPP) implementation and best practices, taking 
into account community need and risk, including 
whether a community is an at-risk community (as 
defined in section 101(1) of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6511(1)). 
(2) COLLABORATION.—In carrying out the as-
sessment required under paragraph (1), the Sec-
retary of Defense, acting through the Director of the 
Defense Logistics Agency, and the Secretary of Ag-
riculture, acting through the Chief of the Forest 
Service, shall consult with State foresters and par-
ticipants in the programs described in such para-
graph. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense, 
acting through the Director of the Defense Logistics
326 
Agency, jointly with the Secretary of Agriculture, acting 
through the Chief of the Forest Service, shall submit to 
the Committee on Armed Services and the Committee on 
Agriculture of the House of Representatives and the Com-
mittee on Armed Services and the Committee on Agri-
culture, Forestry, and Nutrition of the Senate a report 
on the assessment required under paragraph (1) of sub-
section (a) and any findings and recommendations with 
respect to the programs described in such paragraph. 
Subtitle C—Logistics and 
Sustainment 
SEC. 351. NATIONAL DEFENSE SUSTAINMENT AND LOGIS-
TICS REVIEW. 
(a) IN GENERAL.—Chapter 2 of title 10, United 
States Code, is amended by inserting after section 118 the 
following new section: 
‘‘§ 118a. National Defense Sustainment and Logistics 
Review 
‘‘(a) QUADRENNIAL REVIEW REQUIRED.—Two years 
after the submittal of each national defense strategy under 
section 113(g) of this title, the Secretary of Defense shall 
conduct a comprehensive review of the sustainment and 
logistics requirements necessary to support the force 
structure, force modernization, infrastructure, and other 
elements of the defense program and policies of the United
327 
States during the subsequent 5-, 10-, and 25-year periods. 
Each such review shall be known as the ‘National Defense 
Sustainment and Logistics Review’. Each such review 
shall be conducted in consultation with the Secretaries of 
the military departments, the chief of the armed services, 
the Commander of United States Transportation Com-
mand, and the Commander of the Defense Logistics Agen-
cy. 
‘‘(b) REPORT TO CONGRESS.—(1) Not later than the 
first Monday in February of the year following the fiscal 
year during which the review required by subsection (a) 
is submitted, the Secretary shall submit to the congres-
sional defense committees a report on the review. Each 
such report shall include each of the following: 
‘‘(A) An assessment of the strategic and tac-
tical maritime logistics force (including non-military 
assets provided by Military Sealift Command and 
through the Voluntary Intermodal Sealift Agree-
ment) required to support sealift and at sea logistics 
requirements of forces to meet steady state and con-
tingency requirements. 
‘‘(B) An assessment of the strategic and tac-
tical airlift and tankers (including non-military as-
sets provided by the Civil Reserve Air Fleet and 
through the Voluntary Tanker Agreement) required
328 
to support movement of forces to meet steady state 
and contingency requirements. 
‘‘(C) An assessment of the location, configura-
tion, and inventory of prepositioned materiel and 
equipment programs required to meet steady state 
and contingency requirements. 
‘‘(D) An assessment of the location, infrastruc-
ture, and storage capacity for petroleum, oil, and lu-
bricant products, as well as the ability to distribute 
such products from storage supply points to de-
ployed military forces, required to meet steady state 
and contingency requirements. 
‘‘(E) An assessment of the capabilities, capac-
ity, and infrastructure of the Department of Defense 
organic industrial base and private sector industrial 
base required to meet steady-state and surge soft-
ware and depot maintenance requirements. 
‘‘(F) An assessment of the production capa-
bility, capacity, and infrastructure, of the Depart-
ment of Defense organic industrial base and private 
sector industrial base required to meet steady-state 
and surge production requirements for ammunition 
and other military munitions. 
‘‘(G) An assessment of the condition, capacity, 
and location of military infrastructure required to
329 
project military forces to meet steady-state and con-
tingency requirements. 
‘‘(H) An assessment of the cybersecurity risks 
to military and commercial logistics networks and 
information technology systems. 
‘‘(I) An assessment of the gaps between the re-
quirements identified under subparagraphs (A) 
through (H) compared to the actual force structure 
and infrastructure capabilities, capacity, and posture 
and the risks associated with each gap as it relates 
to the ability to meet the national defense strategy. 
‘‘(J) A discussion of the identified mitigations 
being pursued to address each gap and risk identi-
fied under subparagraph (I) as well as the initiatives 
and resources planned to address such gaps, as in-
cluded in the Department of Defense budget request 
submitted during the same year as the report and 
the applicable future-years defense program. 
‘‘(K) An assessment of the extent to which 
wargames conducted by the Department of Defense, 
Joint Staff, geographic combatant commands, and 
military departments incorporate logistics capabili-
ties and threats and a description of the logistics 
constraints to operations identified through such 
wargames.
330 
‘‘(L) Such other matters the Secretary of De-
fense considers appropriate. 
‘‘(2) The report required under this subsection shall 
be submitted in classified form and shall include an un-
classified summary. 
‘‘(c) COMPTROLLER GENERAL REVIEW.—Not later 
than 180 days after the date on which Secretary submits 
each report required under subsection (b), the Comptroller 
General shall submit to the congressional defense commit-
tees a report that includes an assessment of each of the 
following: 
‘‘(1) Whether the report includes each of the 
elements referred to in subsection (b). 
‘‘(2) The strengths and weaknesses of the ap-
proach and methodology used in conducting the re-
view required under subsection (a) that is covered by 
the report. 
‘‘(3) Any other matters relating to sustainment 
that may arise from the report, as the Comptroller 
General considers appropriate. 
‘‘(d) RELATIONSHIP TO BUDGET.—Nothing in this 
section shall be construed to affect section 1105(a) of title 
31. 
‘‘(e) TERMINATION.—The requirement to submit a 
report under this section shall terminate on the date that
331 
is 10 years after the date of the enactment of this sec-
tion.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 118 the following new 
item: 
‘‘118a. National Defense Sustainment and Logistics Review.’’. 
(c) DEADLINE FOR SUBMITTAL OF FIRST REPORT.— 
Notwithstanding the deadline in subsection (b)(1) of sec-
tion 118a of title 10, United States Code, the Secretary 
of Defense shall submit the first report under such section 
by no later than the date that is 18 months after the date 
of the enactment of this Act. 
SEC. 352. EXTENSION OF SUNSET RELATING TO CHARTER 
AIR TRANSPORTATION SERVICES. 
Section 9515(k) of title 10, United States Code, is 
amended by striking ‘‘2020’’ and inserting ‘‘2025’’. 
SEC. 353. ADDITIONAL ELEMENTS FOR INCLUSION IN NAVY 
SHIP DEPOT MAINTENANCE BUDGET RE-
PORT. 
Section 363(b) of the National Defense Authorization 
Act for Fiscal Year 2020 (Public Law 116–92) is amended 
by adding at the end the following new paragraphs: 
‘‘(6) The execution of the planned schedule, 
categorized by class of ship, for each of the three 
preceding fiscal years, including—
332 
‘‘(A) the actual contract award compared 
to the milestone; 
‘‘(B) the planned completion date com-
pared to the actual completion date; and 
‘‘(C) each regional maintenance center’s 
availability schedule performance for on-time 
availability completion. 
‘‘(7) In accordance with the findings of the 
Government Accountability Office (GAO 20–370)— 
‘‘(A) in 2021, an analysis plan for the 
evaluation of pilot program availabilities funded 
by the Other Procurement, Navy account; and 
‘‘(B) in 2022, a report on the Navy’s 
progress implementing such analysis plan.’’. 
SEC. 354. MODIFICATION TO LIMITATION ON LENGTH OF 
OVERSEAS 
FORWARD 
DEPLOYMENT 
OF 
NAVAL VESSELS. 
Section 323(b) of the National Defense Authorization 
Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 
8690 note) is amended by striking ‘‘In the case of any 
naval vessel’’ and inserting ‘‘In the case of any aircraft 
carrier, amphibious ship, cruiser, destroyer, frigate, or lit-
toral combat ship’’.
333 
SEC. 355. INDEPENDENT ADVISORY PANEL ON WEAPON 
SYSTEM SUSTAINMENT. 
(a) ESTABLISHMENT.—The Secretary of Defense 
shall establish an independent advisory panel (in this sec-
tion referred to as the ‘‘panel’’) on the weapon system 
sustainment ecosystem. The National Defense University 
and the Defense Acquisition University shall sponsor the 
panel, including by providing administrative support. 
(b) MEMBERSHIP.— 
(1) COMPOSITION.—The panel shall be com-
prised of nine members, of whom— 
(A) five shall be appointed by the Sec-
retary of Defense; 
(B) one shall be appointed by the Chair-
man of the Committee on Armed Services of 
the Senate; 
(C) one shall be appointed by the Ranking 
Member of the Committee on Armed Services of 
the Senate; 
(D) one shall be appointed by the Chair-
man of the Committee on Armed Services of 
the House of Representatives; and 
(E) one shall be appointed by the Ranking 
Member of the Committee on Armed Services of 
the House of Representatives.
334 
(2) 
EXPERTISE.—In 
making 
appointments 
under this subsection, consideration should be given 
to individuals with expertise in public and private- 
sector acquisition, sustainment, and logistics policy 
in aviation, ground, maritime systems, and space 
systems and their related components. 
(3) APPOINTMENT DATE.—The appointment of 
the members of the panel shall be made not later 
than 120 days after the date of the enactment of 
this Act. 
(c) DUTIES.—The panel shall— 
(1) review the weapon system sustainment eco-
system 
from 
development, 
production, 
and 
sustainment of the weapon system through use in 
the field, depot and field-level maintenance, modi-
fication, and disposal with a goal of— 
(A) maximizing the availability and mis-
sion capabilities of weapon systems; 
(B) reducing overall life-cycle costs of 
weapon systems during fielding, operation and 
sustainment; and 
(C) aligning weapon system sustainment 
functions to the most recent national defense 
strategy submitted pursuant to section 113 of 
title 10, United States Code; and
335 
(2) using information from the review of the 
weapon system sustainment ecosystem, make rec-
ommendations related to statutory, regulatory, pol-
icy, or operational best practices the panel considers 
necessary. 
(d) REPORT.— 
(1) INTERIM REPORT.—Not later than 1 year 
after the date on which all members of the panel 
have been appointed, the panel shall provide to the 
Secretary of Defense and the Committees on Armed 
Services of the Senate and House of Representatives 
a briefing on the interim findings and recommenda-
tions of the panel. 
(2) FINAL REPORT.—Not later than 2 years 
after the date on which all members of the panel 
have been appointed, the panel shall submit to the 
Secretary of Defense and the Committees on Armed 
Services of the Senate and House of Representatives 
a report setting for a detailed statement of the find-
ings and conclusions the panel as a result of the re-
view described in subsection (c), together with such 
recommendations related to statutory, regulatory, 
policy, or operational practices as the panel con-
siders appropriate in light of the results of the re-
view.
336 
(e) ADMINISTRATIVE MATTERS.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall provide the panel with timely access to appro-
priate information, data, resources, analysis, and lo-
gistics support so that the panel may conduct a 
thorough and independent assessment as required 
under this section. 
(2) EFFECT OF LACK OF APPOINTMENT BY AP-
POINTMENT DATE.—If any member has not been ap-
pointed by the date specified in subsection (b)(3), 
the authority to appoint such member under sub-
section (b)(1) shall expire, and the number of mem-
bers of the panel shall be reduced by the number 
equal to the number of appointments so not made. 
(3) PERIOD
OF
APPOINTMENT; VACANCIES.— 
Members of the panel shall be appointed for the du-
ration of the panel. Any vacancy in the panel shall 
not affect its powers, but shall be filled in the same 
manner as the original appointment. 
(4) CHAIR.—The panel shall select a Chair 
from among its members. The Chair may not be a 
Federal officer or employee. 
(f) TERMINATION.—The panel shall terminate 90 
days after the date on which the panel submits the report 
required under subsection (d)(2).
337 
SEC. 356. BIANNUAL BRIEFINGS ON STATUS OF SHIPYARD 
INFRASTRUCTURE OPTIMIZATION PLAN. 
(a) BRIEFINGS REQUIRED.—During the period be-
ginning on July 1, 2020, and ending on July 1, 2025, 
the Secretary of the Navy shall provide to the congres-
sional defense committees biannual briefings on the status 
of the Shipyard Infrastructure Optimization Plan. 
(b) ELEMENTS OF BRIEFINGS.—Each briefing under 
subsection (a) shall include a discussion of the status of 
each of the following elements: 
(1) A master plan for infrastructure develop-
ment, including projected military construction and 
capital equipment projects. 
(2) A planning and design update for military 
construction, minor military construction, and facil-
ity sustainment projects over the subsequent five- 
year period. 
(3) A human capital management and develop-
ment plan. 
(4) A workload management plan that includes 
synchronization requirements for each shipyard and 
ship class. 
(5) Performance metrics and an assessment 
plan.
338 
(6) A funding and authority plan that includes 
funding lines across the future years defense pro-
gram. 
SEC. 357. MATERIEL READINESS METRICS AND OBJEC-
TIVES FOR MAJOR WEAPON SYSTEMS. 
(a) IN GENERAL.—Section 118 of title 10, United 
States Code is amended— 
(1) by amending the section heading to read as 
follows: ‘‘Materiel readiness metrics and 
objectives for major weapon systems’’; 
(2) by striking ‘‘Not later than five days’’ and 
inserting the following: 
‘‘(d) BUDGET JUSTIFICATION.—Not later than five 
days’’; 
(3) by inserting before subsection (d) (as des-
ignated by paragraph (2)) the following new sub-
sections: 
‘‘(a) MATERIEL READINESS METRICS.—Each head 
of an element of the Department specified in paragraphs 
(1) through (10) of section 111(b) of this title shall estab-
lish and maintain materiel readiness metrics to enable as-
sessment of the readiness of members of the armed forces 
to carry out— 
‘‘(1) the strategic framework required by sec-
tion 113(g)(1)(B)(vii) of this title; and
339 
‘‘(2) guidance issued by the Secretary of De-
fense pursuant to section 113(g)(1)(B) of this title. 
‘‘(b) REQUIRED METRICS.—At a minimum, the ma-
teriel readiness metrics required by subsection (a) shall 
address the materiel availability, operational availability, 
operational capability, and materiel reliability of each 
major weapon system by designated mission, design series, 
variant, or class. 
‘‘(c) MATERIEL READINESS OBJECTIVES.—(1) Not 
later than one year after the date of the enactment of this 
Act, each head of an element described in subsection (a) 
shall establish the metrics required by subsection (b) nec-
essary to support the strategic framework and guidance 
referred to in paragraph (1) and (2) of subsection (a). 
‘‘(2) Annually, each head of an element described in 
subsection (a) shall review and revise the metrics required 
by subsection (b) and include any such revisions in the 
materials submitted to Congress in support of the budget 
of the President under section 1105 of title 31.’’; 
(4) in subsection (d) (as designated by para-
graph (2))— 
(A) in paragraph (1)— 
(i) by striking ‘‘materiel reliability, 
and mean down time metrics for each 
major weapons system’’ and inserting
340 
‘‘operational availability, and materiel reli-
ability for each major weapon system’’; 
and 
(ii) by inserting ‘‘and’’ at the end; 
(B) in paragraph (2), by striking ‘‘; and’’ 
and inserting a period at the end; and 
(C) by striking paragraph (3); and 
(5) by adding at the end the following new sub-
section: 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘major weapon system’ has the 
meaning given in section 2379(f) of this title. 
‘‘(2) The term ‘materiel availability’ means a 
measure of the percentage of the total inventory of 
a major weapon system that is operationally capable 
of performing an assigned mission. 
‘‘(3) The term ‘materiel reliability’ means the 
probability that a major weapon system will perform 
without failure over a specified interval. 
‘‘(4) The term ‘operational availability’ means a 
measure of the percentage of time a major weapon 
system is operationally capable. 
‘‘(5) The term ‘operationally capable’ means a 
materiel condition indicating that a major weapon 
system is capable of performing its assigned mission
341 
and has no discrepancies with a subsystem of a 
major weapon system.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 2 of title 10, United States 
Code, is amended by striking the item relating to section 
118 and inserting the following new item: 
‘‘118. Materiel readiness metrics and objectives for major defense acquisition 
programs.’’. 
(c) BRIEFING.—Not later than October 1, 2021, the 
Secretary of Defense shall brief the congressional defense 
committees regarding the implementation of the materiel 
readiness metrics required under section 118 of title 10, 
United States Code, as amended by subsection (a). 
Subtitle D—Munitions Safety and 
Oversight 
SEC. 361. CHAIR OF DEPARTMENT OF DEFENSE EXPLOSIVE 
SAFETY BOARD. 
(a) RESPONSIBILITIES.—Section 172 of title 10, 
United States Code, is amended by adding at the end the 
following new subsections: 
‘‘(c) RESPONSIBILITIES OF CHAIR.—The chair of the 
explosive safety board shall carry out the following respon-
sibilities: 
‘‘(1) To act as the principal executive represent-
ative and advisor of the Secretary on explosive and
342 
chemical agent safety matters related to Department 
of Defense military munitions. 
‘‘(2) To perform the hazard classification ap-
proval duties assigned to the chair. 
‘‘(3) To preside over meetings of the explosive 
safety board. 
‘‘(4) To direct the staff of the explosive safety 
board. 
‘‘(5) To performs other functions relating to ex-
plosives safety management, as directed by the As-
sistant Secretary of Defense for Sustainment. 
‘‘(6) To provide impartial and objective advice 
related to explosives safety management to the Sec-
retary of Defense and the heads of the military de-
partments. 
‘‘(7) To serve as the principal representative 
and advisor of the Department of Defense on mat-
ters relating to explosives safety management. 
‘‘(8) To provide assistance and advice to the 
Under Secretary of Defense for Acquisition and 
Sustainment and the Deputy Director of Land War-
fare and Munitions in munitions acquisition over-
sight and technology advancement for Department 
of Defense military munitions, especially in the areas
343 
of explosives and chemical agent safety and demili-
tarization. 
‘‘(9) To provide assistance and advice to the 
Assistant Secretary of Defense for Logistics and 
Material Readiness in sustainment oversight of De-
partment of Defense military munitions, especially in 
the areas of explosives and chemical agent safety, 
storage, transportation, and demilitarization. 
‘‘(10) To develop and recommend issuances to 
define the functions of the explosive safety board. 
‘‘(11) To establishes joint hazard classification 
procedures with covered components of the Depart-
ment. 
‘‘(12) To make recommendations to the Under 
Secretary 
of 
Defense 
for 
Acquisition 
and 
Sustainment with respect to explosives and chemical 
agent safety tenets and requirements. 
‘‘(13) To conducts oversight of Department of 
Defense explosive safety management programs. 
‘‘(14) To carry out such other responsibilities 
as the Secretary of Defense determines appropriate. 
‘‘(d) RESPONSIBILITIES OF EXECUTIVE DIRECTOR 
AND CIVILIAN MEMBERS.—The executive director and ci-
vilian members of the explosive safety board shall—
344 
‘‘(1) provide assistance to the chair in carrying 
out the responsibilities specified in subsection (c); 
and 
‘‘(2) carry out such other responsibilities as the 
chair determines appropriate. 
‘‘(e) MEETINGS.—(1) The explosive safety board 
shall meet not less frequently than quarterly. 
‘‘(2) The chair shall submit to the congressional de-
fense committees an annual report describing the activities 
conducted at the meetings of the board. 
‘‘(f) EXCLUSIVE RESPONSIBILITIES.—The explosive 
safety board shall have exclusive responsibility within the 
Department of Defense for— 
‘‘(1) recommending new and updated explosive 
and chemical agent safety regulations and standards 
to the Assistant Secretary of Defense for Energy In-
stallations and Environment for submittal to the 
Under Secretary of Defense for Acquisition and 
Sustainment; and 
‘‘(2) acting as the primary forum for coordina-
tion among covered components of the Department 
on all matters related to explosive safety manage-
ment.
345 
‘‘(g) COVERED COMPONENTS.—In this section, the 
covered components of the Department are each of the fol-
lowing: 
‘‘(1) The Office of the Secretary of Defense. 
‘‘(2) The military departments. 
‘‘(3) The Office of the Chairman of the Joint 
Chiefs of Staff and the Joint Staff, the Combatant 
Commands. 
‘‘(4) The Office of the Inspector General of the 
Department. 
‘‘(5) The Defense Agencies. 
‘‘(6) The Department of Defense field activities. 
‘‘(7) All other organizational entities within the 
Department.’’. 
(b) DEADLINE FOR APPOINTMENT.—By not later 
than 90 days after the date of the enactment of this Act, 
the Secretary of Defense shall take such steps as may be 
necessary to ensure that the explosive safety board of the 
Department of Defense, as authorized under section 172 
of title 10, United States Code, has a chair who is a mili-
tary officer and whose responsibilities include the day-to- 
day management of the explosive safety board and the re-
sponsibilities provided in subsection (c) of such section. 
(c) LIMITATION
ON
USE
OF
FUNDS.—Of the 
amounts authorized to be appropriated or otherwise made
346 
available in this Act for the Office of the Under Secretary 
of Defense for Acquisition and Sustainment for fiscal year 
2021, not more than 75 percent may be obligated or ex-
pended until the date on which the Under Secretary of 
Defense certifies to the congressional defense committees 
that all board member positions, including the chair, of 
the Department of Defense explosive safety board, as au-
thorized under section 172 of title 10, United States Code, 
as amended by this section, have been filled by military 
officers as required by such section. 
SEC. 362. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PRO-
GRAM. 
(a) ROLES, RESPONSIBILITIES, AND AUTHORITIES.— 
Section 2284(b) of title 10, United States Code, as amend-
ed by section 1052 of the National Defense Authorization 
Act for Fiscal Year 2020 (Public Law 116–92), is further 
amended— 
(1) in paragraph (1)(A)— 
(A) by inserting ‘‘and’’ before ‘‘integra-
tion’’; and 
(B) by striking ‘‘an Assistant Secretary of 
Defense’’ and inserting ‘‘the Assistant Sec-
retary of Defense for Special Operations and 
Low Intensity Conflict’’;
347 
(2) in paragraph (2), by striking ‘‘to whom re-
sponsibility is assigned under paragraph (1)(A)’’ and 
inserting ‘‘for Special Operations and Low Intensity 
Conflict’’; 
(3) by redesignating paragraphs (3) and (4) as 
paragraphs (4) and (5), respectively; and 
(4) by inserting after paragraph (2) the fol-
lowing new paragraph (3): 
‘‘(3) the Assistant Secretary of Defense for 
Special Operations and Low Intensity Conflict shall 
coordinate with— 
‘‘(A) the Under Secretary of Defense for 
Intelligence on explosive ordnance technical in-
telligence; 
‘‘(B) the Under Secretary of Defense for 
Acquisition and Sustainment on explosive ord-
nance disposal research, development, acquisi-
tion, and sustainment; 
‘‘(C) the Under Secretary of Defense for 
Research and Engineering on explosive ord-
nance disposal research, development, test, and 
evaluation; 
‘‘(D) the Assistant Secretary of Defense 
for Homeland Security and Global Security on
348 
explosive ordnance disposal on defense support 
of civil authorities; and 
‘‘(E) the Assistant Secretary of Defense 
for Nuclear, Chemical, and Biological Defense 
programs on explosive ordnance disposal for 
combating weapons of mass destruction;’’. 
(b) 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 Services of the 
Senate and House of Representatives a report of the Ex-
plosive Ordnance Disposal Defense Program under section 
2284 of title 10, United States Code. Such report shall 
include each of the following: 
(1) The status of the establishment and organi-
zation of the Program and the compliance with the 
requirements of such section, as amended by section 
1052 of the National Defense Authorization Act for 
Fiscal Year 2020. 
(2) An assessment of the feasibility and advis-
ability of designating the Joint Program Executive 
Officer for Armaments and Ammunition as the joint 
program executive officer for the explosive ordnance 
disposal program or establishing a rotation of the 
role between an Army, Navy, and Air Force entity 
on a periodic basis.
349 
(3) An assessment of the feasibility and advis-
ability of designating the Director of the Defense 
Threat Reduction Agency with management respon-
sibility for a Defense-wide program element for ex-
plosive ordnance disposal research, development, 
test, and evaluation transactions other than con-
tracts, cooperative agreements, and grants related to 
section 2371 of title 10, United States Code, during 
research projects including rapid prototyping and 
limited procurement urgent activities and acquisi-
tion. 
SEC. 363. ASSESSMENT OF RESILIENCE OF DEPARTMENT 
OF DEFENSE MUNITIONS ENTERPRISE. 
(a) ASSESSMENT.—Not later than 60 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall enter into an agreement with a federally-funded re-
search and development center with relevant expertise 
under which such center shall conduct an assessment of 
the resilience of the Department of Defense munitions en-
terprise. 
(b) ELEMENTS.—The assessment required under 
subsection (a) shall include the following elements: 
(1) An identification of the points of failure 
with respect to the munitions enterprise, including 
physical locations, materials, suppliers, contractors,
350 
and other relevant elements, that, if failure occurs, 
would have the largest negative impact on the capac-
ity, resiliency, and safety of the enterprise. 
(2) An evaluation of the efforts of the Depart-
ment of Defense to address the points of failure 
identified under paragraph (1). 
(3) Recommendation with respect to any addi-
tional efforts or actions that could be taken to pro-
vide for mitigation or solutions with respect to such 
points of failure. 
(4) An evaluation of the capacity of the muni-
tions enterprise to support a sudden surge in de-
mand to support a contingency. 
(5) An evaluation of the capacity of the muni-
tions enterprise to withstand intentional disruption 
during a conflict. 
(c) REPORT AND BRIEFINGS.—The Secretary shall— 
(1) submit to the congressional defense commit-
tees a report on the results of assessment conducted 
under this section by not later than December 31, 
2021; and 
(2) provide for such committees interim brief-
ings on such assessment upon request. 
(d) POINT OF FAILURE.—In this section, the term 
‘‘point of failure’’ means, with respect to the munitions
351 
enterprise, an aspect of the enterprise, that, if it were to 
fail or be significantly negatively impacted would cause the 
portion of the enterprise it supports to either fail or be 
significantly negatively impacted. 
SEC. 364. REPORT ON SAFETY WAIVERS AND MISHAPS IN 
DEPARTMENT OF DEFENSE MUNITIONS EN-
TERPRISE. 
(a) REPORT REQUIRED.—The Secretary shall include 
with the Department of Defense materials submitted to 
Congress with the budget of the President for each of fis-
cal years 2022 through 2025 (as submitted to Congress 
pursuant to section 1105 of title 31, United States Code), 
a report on safety waivers provided in the Department of 
Defense munitions enterprise. Each such report shall in-
clude each of the following for the year covered by the 
report and each of the preceding 3 years: 
(1) A list of each waiver, exemption, and secre-
tarial exemption or certification provided with re-
spect to any Department of Defense munitions safe-
ty standard. 
(2) For each such waiver, exemption, or certifi-
cation provided— 
(A) the location where the waiver, exemp-
tion, or certification was provided;
352 
(B) a summary of the justification used for 
providing the waiver, exemption, or certifi-
cation; 
(C) the time period during which the waiv-
er, exemption, or certification applies and the 
number of times such a waiver, exemption, or 
certification has been provided at that location; 
and 
(D) a list of all safety-related mishaps that 
occurred at locations where waivers, exemp-
tions, or certifications were in place, and for 
each such mishap, whether or not a subsequent 
investigation determined the waiver, exemption, 
or certification was related or may have been 
related to the mishap. 
(3) A list and summary of all class A through 
class E mishaps related to the construction, storage, 
transportation, usage, and demilitarization of muni-
tions. 
(4) Any mitigation efforts in place at any loca-
tion where a waiver, exemption, or certification has 
been provided or where a safety-related mishap has 
occurred. 
(5) Such other matters as the Secretary deter-
mines appropriate.
353 
(b) MUNITIONS DEFINED.—In this section, the term 
‘‘munitions’’ includes ammunition, explosives, and chem-
ical agents. 
Subtitle E—Other Matters 
SEC. 371. PILOT PROGRAM FOR TEMPORARY ISSUANCE OF 
MATERNITY-RELATED UNIFORM ITEMS. 
(a) PILOT PROGRAM.—The Director of the Defense 
Logistics Agency, in coordination with the Secretaries con-
cerned, shall carry out a pilot program under which each 
Secretary concerned shall establish an office for issuing 
maternity-related uniform items to pregnant members of 
the Armed Forces, on a temporary basis and at no cost 
to such member. In carrying out the pilot program, the 
Director shall take the following actions: 
(1) The Director shall ensure that such offices 
maintain a stock of each type of maternity-related 
uniform item determined necessary by the Secretary 
concerned, including service uniforms items, utility 
uniform items, and other items relating to the com-
mand and duty assignment of the member requiring 
issuance. 
(2) The Director shall ensure that such items 
have not been treated with the chemical permethrin. 
(3) The Director, in coordination with the Sec-
retary concerned, shall determine a standard number
354 
of maternity-related uniform items that may be 
issued per member. 
(4) The Secretary concerned shall ensure that 
any member receiving a maternity-related uniform 
item returns such item to the relevant office estab-
lished under paragraph (1) on the date on which the 
Secretary concerned determines the member no 
longer requires such item. 
(5) The Secretary concerned shall inspect, proc-
ess, repair, clean, and re-stock items returned by a 
member pursuant to paragraph (4) for re-issuance 
from such relevant office. 
(6) The Director, in coordination with the Sec-
retaries concerned, may issue such guidance and 
regulations as necessary to carry out the pilot pro-
gram. 
(b) TERMINATION.—No maternity-related uniform 
items may be issued to a member of the Armed Forces 
under the pilot program after September 30, 2026. 
(c) REPORT.—Not later than September 30, 2025, 
the Director of the Defense Logistics Agency, in coordina-
tion with the Secretaries concerned, shall submit to the 
congressional defense committees a report on the pilot 
program. Such report shall include each of the following:
355 
(1) For each year during which the pilot pro-
gram was carried out, the number of members of the 
Armed Forces who received a maternity-related uni-
form item under the pilot program. 
(2) An overview of the costs associated with, 
and any savings realized by, the pilot program, in-
cluding a comparison of the cost of maintaining a 
stock 
of 
maternity-related 
uniform 
items 
for 
issuance under the pilot program versus the cost of 
providing allowances to members for purchasing 
such items. 
(3) A recommendation on whether the pilot pro-
gram should be extended after the date of termi-
nation under subsection (b) and whether legislation 
is necessary for such extension. 
(4) Any other matters that the Secretary of De-
fense determines appropriate. 
(d) AUTHORIZATION OF APPROPRIATIONS.—Of the 
amounts authorized to be appropriated for operation and 
maintenance, Defense-wide, for fiscal year 2021, as speci-
fied in the funding table in section 4301, $10,000,000 
shall be available for implementation of the pilot program.
356 
SEC. 372. SERVICEWOMEN’S COMMEMORATIVE PARTNER-
SHIPS. 
(a) IN GENERAL.—The Secretary of the Army may 
enter into a contract, partnership, or grant with a non- 
profit organization for the purpose of providing financial 
support for the maintenance and sustainment of infra-
structure and facilities at military service memorials and 
museums that highlight the role of women in the military. 
Such a contract, partnership, or grant shall be referred 
to as a ‘‘Servicewomen’s Commemorative Partnership’’. 
(b) AUTHORIZATION OF APPROPRIATIONS.—Of the 
amounts authorized to be appropriated for fiscal year 
2021, as identified in division D of this Act, $3,000,000 
shall be available for Servicewomen’s Commemorative 
Partnerships under subsection (a). 
SEC. 373. BIODEFENSE ANALYSIS AND BUDGET SUBMIS-
SION. 
(a) ANNUAL ANALYSIS.—For each fiscal year, the 
Director of the Office of Management and Budget shall— 
(1) conduct a detailed and comprehensive anal-
ysis of Federal biodefense programs; and 
(2) develop an integrated biodefense budget 
submission. 
(b) DEFINITION
OF BIODEFENSE.—In accordance 
with the National Biodefense Strategy, the Director shall 
develop and disseminate to all Federal departments and
357 
agencies a unified definition of the term ‘‘biodefense’’ to 
identify which programs and activities are included in an-
nual budget submission referred to in subsection (a). 
(c) REQUIREMENTS FOR ANALYSIS.—The analysis 
required under subsection (a) shall include— 
(1) the display of all funds requested for bio-
defense activities, both mandatory and discretionary, 
by agency and categorized by biodefense enterprise 
element, including threat awareness, prevention, de-
terrence, preparedness, surveillance and detection, 
response, attribution (including bioforensic capabili-
ties), recovery, and mitigation; and 
(2) detailed explanations of how each program 
and activity included aligns with biodefense goals. 
(d) SUBMITTAL TO CONGRESS.— The Director shall 
submit to Congress the analysis required under subsection 
(a) for a fiscal year concurrently with the President’s an-
nual budget request for that fiscal year. 
SEC. 374. CLARIFICATION OF NATIONAL BIODEFENSE 
STRATEGY. 
(a) IN GENERAL.—The Secretary of Health and 
Human Services, in cooperation with the Biodefense 
Steering Committee, shall clarify the national biodefense 
strategy and associated implementation plan developed 
under section 1086 of the National Defense Authorization
358 
Act for Fiscal Year 2017 (6 U.S.C. 104) to clearly docu-
ment agreed-upon processes, roles, and responsibilities for 
making and enforcing enterprise-wide decisions. 
(b) SPECIFIC CLARIFICATIONS.—In carrying out sub-
section (a), the Secretary of Health and Human Services 
shall work with the head of each agency participating in 
the Biodefense Steering Committee, including the Admin-
istrator of the Federal Emergency Management Agency, 
to— 
(1) enter into a memorandum of understanding, 
or take such other action as is necessary, to describe 
the roles and responsibilities of the Federal depart-
ments and agencies, including internal and external 
coordination procedures, in identifying and sharing 
information, as described in section 1086(b)(4) of 
the National Defense Authorization Act for Fiscal 
Year 2017 (6 U.S.C. 104(b)(4)); 
(2) clarify roles, responsibilities, and processes 
for decisionmaking that involves shifting resources 
across agency boundaries to more effectively or effi-
ciently address enterprise-wide risk; 
(3) prepare an inventory and assessment of all 
existing strategies, plans, policies, laws, and inter-
agency agreements with respect to biodefense;
359 
(4) establish a resource plan to staff, support, 
and sustain the efforts of the Biodefense Coordina-
tion Team; 
(5) clearly document guidance and methods for 
analyzing the data collected from agencies to include 
non-Federal resources and capabilities; and 
(6) not later than 90 days after the date of en-
actment of this Act, report to the appropriate con-
gressional committees on possible implementation 
strategies, that will effectively and efficiently en-
hance information-sharing activities on biosurveil-
lance data integration as identified in the national 
biodefense strategy and associated implementation 
plan described in subsection (a). 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means the following: 
(1) The Committees on Armed Services of the 
House of Representatives and the Senate. 
(2) The Committees on Appropriations of the 
House of Representatives and the Senate. 
(3) The Committee on Energy and Commerce 
of the House of Representatives and the Committee 
on Health, Education, Labor, and Pensions of the 
Senate.
360 
(4) The Committee on Homeland Security of 
the House of Representatives and the Committee on 
Homeland Security and Governmental Affairs of the 
Senate. 
(5) The Committee on Agriculture of the House 
of Representatives and the Committee on Agri-
culture, Nutrition, and Forestry of the Senate. 
SEC. 375. REPORT ON BIODEFENSE. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report that in-
cludes— 
(1) a description of the roles and responsibil-
ities of Department of Defense entities with respon-
sibility for biodefense or pandemic preparedness and 
response, including logistical support; 
(2) an updated Department of Defense imple-
mentation plan for biodefense and pandemic re-
sponse operations that includes a separation of ac-
tivities conducted under title 10, United States 
Code, and activities conducted under title 32, United 
States Code; and 
(3) recommendations for solving gaps in au-
thorities or organizational structures that have in-
hibited COVID–19 response efforts.
361 
SEC. 376. FACILITATING AGREEMENTS WITH OTHER FED-
ERAL AGENCIES TO LIMIT ENCROACHMENTS. 
Section 2684a(d)(5) of title 10, United States Code, 
is amended— 
(1) in the second sentence of subparagraph (A), 
by inserting ‘‘or another Federal agency’’ after ‘‘to 
a State’’ both places it appears; and 
(2) by striking subparagraph (B) and inserting 
the following: 
‘‘(B) Notwithstanding subparagraph (A), if all or a 
portion of the property or interest acquired under the 
agreement is initially or subsequently transferred to a 
State or another Federal agency, before that State or 
other Federal agency may declare the property or interest 
in excess to its needs or propose to exchange the property 
or interest, the State or other Federal agency shall give 
the Secretary concerned reasonable advance notice of its 
intent. If the Secretary concerned determines it necessary 
to preserve the purposes of this section, the Secretary con-
cerned may request that administrative jurisdiction over 
the property be transferred to the Secretary concerned at 
no cost, and, upon such a request being made, the admin-
istrative jurisdiction over the property shall be transferred 
accordingly. If the Secretary concerned does not make 
such a request within a reasonable time period, all such 
rights of the Secretary concerned to request transfer of
362 
the property or interest shall remain available to the Sec-
retary concerned with respect to future transfers or ex-
changes of the property or interest and shall bind all sub-
sequent transferees.’’. 
TITLE IV—MILITARY 
PERSONNEL AUTHORIZATIONS 
Subtitle A—Active Forces 
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. 
The Armed Forces are authorized strengths for active 
duty personnel as of September 30, 2021, as follows: 
(1) The Army, 485,900. 
(2) The Navy, 347,800. 
(3) The Marine Corps, 184,100. 
(4) The Air Force, 327,266. 
(5) The Space Force, 6,434. 
SEC. 402. REVISIONS IN PERMANENT ACTIVE DUTY END 
STRENGTH MINIMUM LEVELS. 
Section 691(b) of title 10, United States Code, is 
amended by striking paragraphs (1) through (4) and in-
serting the following new paragraphs: 
‘‘(1) For the Army, 485,900. 
‘‘(2) For the Navy, 347,800. 
‘‘(3) For the Marine Corps, 184,100. 
‘‘(4) For the Air Force, 327,266. 
‘‘(5) For the Space Force, 6,434.’’.
363 
SEC. 403. MODIFICATION OF THE AUTHORIZED NUMBER 
AND ACCOUNTING METHOD FOR SENIOR EN-
LISTED PERSONNEL. 
(a) IN GENERAL.—Section 517 of title 10, United 
States Code, is amended— 
(1) in the section heading, by striking ‘‘daily 
average’’ 
and 
inserting 
‘‘enlisted 
end 
strength’’; and 
(2) in subsection (a)— 
(A) by striking ‘‘daily average number of’’ 
and inserting ‘‘end strength for’’; 
(B) by striking ‘‘in a fiscal year’’ and in-
serting ‘‘as of the last day of a fiscal year’’; 
(C) by striking ‘‘2.5 percent’’ and inserting 
‘‘3.0 percent’’; and 
(D) by striking ‘‘on the first day of that 
fiscal year’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 31 of such title is amended 
by striking the item relating to section 517 and inserting 
the following new item: 
‘‘517. Authorized enlisted end strength: members in pay grades E–8 and E–9.’’.
364 
Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL.—The Armed Forces are authorized 
strengths for Selected Reserve personnel of the reserve 
components as of September 30, 2021, as follows: 
(1) The Army National Guard of the United 
States, 336,500. 
(2) The Army Reserve, 189,800. 
(3) The Navy Reserve, 58,800. 
(4) The Marine Corps Reserve, 38,500. 
(5) The Air National Guard of the United 
States, 108,100. 
(6) The Air Force Reserve, 70,300. 
(7) The Coast Guard Reserve, 7,000. 
(b) 
END
STRENGTH
REDUCTIONS.—The 
end 
strengths prescribed by subsection (a) for the Selected Re-
serve of any reserve component shall be proportionately 
reduced by— 
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of 
such component which are on active duty (other 
than for training) at the end of the fiscal year; and 
(2) the total number of individual members not 
in units organized to serve as units of the Selected 
Reserve of such component who are on active duty
365 
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end 
of the fiscal year. 
(c) END STRENGTH INCREASES.—Whenever units or 
individual members of the Selected Reserve of any reserve 
component are released from active duty during any fiscal 
year, the end strength prescribed for such fiscal year for 
the Selected Reserve of such reserve component shall be 
increased proportionately by the total authorized strengths 
of such units and by the total number of such individual 
members. 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 
DUTY IN SUPPORT OF THE RESERVES. 
Within the end strengths prescribed in section 
411(a), the reserve components of the Armed Forces are 
authorized, as of September 30, 2021, the following num-
ber of Reserves to be serving on full-time active duty or 
full-time duty, in the case of members of the National 
Guard, for the purpose of organizing, administering, re-
cruiting, instructing, or training the reserve components: 
(1) The Army National Guard of the United 
States, 30,595. 
(2) The Army Reserve, 16,511. 
(3) The Navy Reserve, 10,215. 
(4) The Marine Corps Reserve, 2,386.
366 
(5) The Air National Guard of the United 
States, 25,333. 
(6) The Air Force Reserve, 5,256. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 
(DUAL STATUS). 
The minimum number of military technicians (dual 
status) as of the last day of fiscal year 2021 for the re-
serve components of the Army and the Air Force (notwith-
standing section 129 of title 10, United States Code) shall 
be the following: 
(1) For the Army National Guard of the United 
States, 22,294. 
(2) For the Army Reserve, 6,492. 
(3) For the Air National Guard of the United 
States, 10,994. 
(4) For the Air Force Reserve, 7,947. 
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
THORIZED TO BE ON ACTIVE DUTY FOR 
OPERATIONAL SUPPORT. 
During fiscal year 2021, the maximum number of 
members of the reserve components of the Armed Forces 
who may be serving at any time on full-time operational 
support duty under section 115(b) of title 10, United 
States Code, is the following:
367 
(1) The Army National Guard of the United 
States, 17,000. 
(2) The Army Reserve, 13,000. 
(3) The Navy Reserve, 6,200. 
(4) The Marine Corps Reserve, 3,000. 
(5) The Air National Guard of the United 
States, 16,000. 
(6) The Air Force Reserve, 14,000. 
Subtitle C—Authorization of 
Appropriations 
SEC. 421. MILITARY PERSONNEL. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated for fiscal year 
2021 for the use of the Armed Forces and other activities 
and agencies of the Department of Defense for expenses, 
not otherwise provided for, for military personnel, as spec-
ified in the funding table in section 4401. 
(b) CONSTRUCTION OF AUTHORIZATION.—The au-
thorization of appropriations in the subsection (a) super-
sedes any other authorization of appropriations (definite 
or indefinite) for such purpose for fiscal year 2021.
368 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel 
Policy 
SEC. 501. AUTHORIZED STRENGTH: EXCLUSION OF CER-
TAIN GENERAL AND FLAG OFFICERS OF THE 
RESERVE COMPONENTS ON ACTIVE DUTY. 
Section 526a of title 10, United States Code, is 
amended— 
(1) by redesignating subsections (c) through (h) 
as subsections (d) through (i), respectively; and 
(2) by inserting after subsection (b) the fol-
lowing new subsection (c): 
‘‘(c) EXCLUSION OF CERTAIN OFFICERS OF THE RE-
SERVE COMPONENTS.—The limitations of this section do 
not apply to the following: 
‘‘(1) A general or flag officer of a reserve com-
ponent who is on active duty— 
‘‘(A) for training; or 
‘‘(B) under a call or order specifying a pe-
riod of less than 180 days. 
‘‘(2)(A) A general or flag officer of a reserve 
component who is authorized by the Secretary of the 
military department concerned to serve on active
370 
SEC. 502. DIVERSITY IN SELECTION BOARDS. 
(a) REQUIREMENT FOR DIVERSE MEMBERSHIP OF 
ACTIVE DUTY SELECTION BOARDS.— 
(1) OFFICERS.—Section 612(a)(1) of title 10, 
United States Code, is amended by adding at the 
end the following new sentence: ‘‘The members of a 
selection board shall represent the diversity of the 
armed forces to the extent practicable.’’. 
(2) WARRANT
OFFICERS.—Section 573(b) of 
title 10, United States Code, is amended by adding 
at the end the following new sentence: ‘‘The mem-
bers of a selection board shall represent the diversity 
of the armed forces to the extent practicable.’’. 
(b) REQUIREMENT FOR DIVERSE MEMBERSHIP OF 
RESERVE COMPONENTS SELECTION BOARDS.—Section 
14102(b) of title 10, United States Code, is amended by 
adding at the end the following new sentence: ‘‘The mem-
bers of a selection board shall represent the diversity of 
the armed forces to the extent practicable.’’. 
(c) OTHER SELECTION BOARDS.— 
(1) IN
GENERAL.—The Secretary of Defense 
shall ensure that the members of each selection 
board described in paragraph (2) represent the di-
versity of the armed forces to the extent practicable. 
(2) SELECTION BOARD DESCRIBED.—A selec-
tion board described in this paragraph (1) is any se-
371 
lection board used with respect to the promotion, 
education, or command assignments of members of 
the Armed Forces that is not covered by the amend-
ments made by this section. 
SEC. 503. REDACTION OF PERSONALLY IDENTIFIABLE IN-
FORMATION FROM RECORDS FURNISHED TO 
A PROMOTION BOARD. 
(a) ACTIVE-DUTY OFFICERS.—Section 615(b) of title 
10, United States Code, is amended— 
(1) by redesignating paragraphs (1) through 
(6) as subparagraphs (A) through (F), respectively; 
(2) in the matter preceding subparagraph (A), 
as redesignated, by inserting ‘‘(1)’’ before ‘‘The Sec-
retary’’; 
(3) in subparagraph (C), as redesignated, by 
striking ‘‘whose name is furnished to the board’’ and 
inserting ‘‘under consideration by the board for pro-
motion’’; 
(4) by striking subparagraph (B), as redesig-
nated, and redesignating subparagraphs (C) through 
(F) as subparagraphs (B) through (E), respectively; 
and 
(5) by adding at the end the following new 
paragraph:
372 
‘‘(2) The Secretary of the military department con-
cerned shall redact any personally identifiable information 
from the information furnished to a selection board under 
this section.’’. 
(b) RESERVE OFFICERS.—Section 14107(b) of title 
10, United States Code, is amended— 
(1) by redesignating paragraphs (1) through 
(5) as subparagraphs (A) through (E), respectively; 
(2) in the matter preceding subparagraph (A), 
as redesignated, by inserting ‘‘(1)’’ before ‘‘The Sec-
retary’’; 
(3) in subparagraph (C), as redesignated, by 
striking ‘‘whose name is furnished to the board’’ and 
inserting ‘‘under consideration by the board for pro-
motion’’; 
(4) by striking subparagraph (B), as redesig-
nated, and redesignating subparagraphs (C) through 
(E) as subparagraphs (B) through (D), respectively; 
and 
(5) by adding at the end the following new 
paragraph: 
‘‘(2) The Secretary of the military department con-
cerned shall redact any personally identifiable information 
from the information furnished to a promotion board 
under this section.’’.
373 
(c) ENLISTED MEMBERS.—Each Secretary of a mili-
tary department shall prescribe regulations that require 
the redaction of any personally identifiable information 
from the information furnished to a board that considers 
for promotion an enlisted member of an Armed Force 
under the jurisdiction of that Secretary. 
SEC. 504. TEMPORARY EXPANSION OF AVAILABILITY OF 
ENHANCED CONSTRUCTIVE SERVICE CREDIT 
IN A PARTICULAR CAREER FIELD UPON 
ORIGINAL 
APPOINTMENT 
AS 
A 
COMMIS-
SIONED OFFICER. 
(a) REGULAR OFFICERS.—Subparagraph (D) of sec-
tion 533(b)(1) of title 10, United States Code, is amended 
to read as follows: 
‘‘(D) Additional credit as follows: 
‘‘(i) For special training or experience in a 
particular officer field as designated by the Sec-
retary concerned, if such training or experience 
is directly related to the operational needs of 
the armed force concerned. 
‘‘(ii) During fiscal years 2021 through 
2025, for advanced education in an officer field 
so designated, if such education is directly re-
lated to the operational needs of the armed 
force concerned.’’.
374 
(b) RESERVE OFFICERS.—Section 12207(b)(1) of 
such title is amended— 
(1) in the matter preceding subparagraph (A), 
‘‘or a designation in’’ and all that follows through 
‘‘education or training,’’ and inserting ‘‘and who has 
special training or experience, or advanced education 
(if applicable),’’; and 
(2) by striking subparagraph (D) and inserting 
the following new subparagraph: 
‘‘(D) Additional credit as follows: 
‘‘(i) For special training or experience in a 
particular officer field as designated by the Sec-
retary concerned, if such training or experience 
is directly related to the operational needs of 
the armed force concerned. 
‘‘(ii) During fiscal years 2021 through 
2025, for advanced education in an officer field 
so designated, if such education is directly re-
lated to the operational needs of the armed 
force concerned.’’. 
(c) ANNUAL REPORT.— 
(1) IN GENERAL.—Not later than February 1, 
2022, and every 4 years thereafter, each Secretary 
of a military department shall submit to the Com-
mittees on Armed Services of the Senate and the
375 
House of Representatives a report on the use of the 
authorities in subparagraph (D) of section 553(b)(1) 
of title 10, United States Code (as amended by sub-
section (a)), and subparagraph (D) of section 
12207(b)(1) of such title (as amended by subsection 
(b)) (each referred to in this subsection as a ‘‘con-
structive credit authority’’) during the preceding fis-
cal year for the Armed Forces under the jurisdiction 
of such Secretary. 
(2) ELEMENTS.—Each report under paragraph 
(1) shall include, for the fiscal year and Armed 
Forces covered by such report, the following: 
(A) The manner in which constructive 
service credit was calculated under each con-
structive credit authority. 
(B) The number of officers credited con-
structive service credit under each constructive 
credit authority. 
(C) A description and assessment of the 
utility of the constructive credit authorities in 
meeting the operational needs of the Armed 
Force concerned. 
(D) Such other matters in connection with 
the constructive credit authorities as the Sec-
376 
retary of the military department concerned 
considers appropriate. 
SEC. 505. PERMANENT PROGRAMS ON DIRECT COMMIS-
SIONS TO CYBER POSITIONS. 
Section 509 of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 
503 note) is amended— 
(1) by striking ‘‘pilot’’ each place it appears; 
and 
(2) by striking subsections (d) and (e). 
Subtitle B—Reserve Component 
Management 
SEC. 511. GRANTS TO SUPPORT STEM EDUCATION IN THE 
JUNIOR 
RESERVE 
OFFICERS’ 
TRAINING 
CORPS. 
(a) PROGRAM AUTHORITY.— 
(1) IN
GENERAL.—Chapter 102 of title 10, 
United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 2036. Grants to support science, technology, engi-
neering, and mathematics education 
‘‘(a) AUTHORITY.—The Secretary, in consultation 
with the Secretary of Education, may carry out a program 
to make grants to eligible entities to assist such entities
377 
in providing education in covered subjects to students in 
the Junior Reserve Officers’ Training Corps. 
‘‘(b) COORDINATION.—In carrying out a program 
under subsection (a), the Secretary may coordinate with 
the following: 
‘‘(1) The Secretaries of the military depart-
ments. 
‘‘(2) The Secretary of Education. 
‘‘(3) The Director of the National Science 
Foundation. 
‘‘(4) The Administrator of the National Aero-
nautics and Space Administration. 
‘‘(5) The heads of such other Federal, State, 
and local government entities the Secretary of De-
fense determines to be appropriate. 
‘‘(6) Private sector organizations as the Sec-
retary of Defense determines appropriate. 
‘‘(c) ACTIVITIES.—Activities funded with grants 
under this section may include the following: 
‘‘(1) Training and other support for instructors 
to teach courses in covered subjects to students. 
‘‘(2) The acquisition of materials, hardware, 
and software necessary for the instruction of covered 
subjects.
378 
‘‘(3) Activities that improve the quality of edu-
cational materials, training opportunities, and cur-
ricula available to students and instructors in cov-
ered subjects. 
‘‘(4) Development of travel opportunities, dem-
onstrations, mentoring programs, and informal edu-
cation in covered subjects for students and instruc-
tors. 
‘‘(5) Students’ pursuit of certifications in cov-
ered subjects. 
‘‘(d) PREFERENCE.—In making any grants under 
this section, the Secretary shall give preference to eligible 
entities that are eligible for assistance under part A of 
title I of the Elementary and Secondary Education Act 
of 1965 (20 U.S.C. 6311 et seq.). 
‘‘(e) EVALUATIONS.—In carrying out a program 
under this section, the Secretary shall establish outcome- 
based metrics and internal and external assessments to 
evaluate the merits and benefits of the activities funded 
with grants under this section with respect to the needs 
of the Department of Defense. 
‘‘(f) AUTHORITIES.—In carrying out a program 
under this section, the Secretary shall, to the extent prac-
ticable, make use of the authorities under chapter 111 and
379 
sections 2601 and 2605 of this title, and other authorities 
the Secretary determines appropriate. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘eligible entity’ means a local 
education agency that hosts a unit of the Junior Re-
serve Officers’ Training Corps. 
‘‘(2) The term ‘covered subjects’ means— 
‘‘(A) science; 
‘‘(B) technology; 
‘‘(C) engineering; 
‘‘(D) mathematics; 
‘‘(E) computer science; 
‘‘(F) computational thinking; 
‘‘(G) artificial intelligence; 
‘‘(H) machine learning; 
‘‘(I) data science; 
‘‘(J) cybersecurity; 
‘‘(K) robotics; 
‘‘(L) health sciences; and 
‘‘(M) other subjects determined by the Sec-
retary of Defense to be related to science, tech-
nology, engineering, and mathematics.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of chapter 102 of such title
380 
is amended by adding at the end the following new 
item: 
‘‘2036. Grants to support science, technology, engineering, and mathematics 
education.’’. 
(b) REPORT.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense 
committees a report on any activities carried out 
under section 2036 of title 10, United States Code 
(as added by subsection (a)). 
(2) CONGRESSIONAL
DEFENSE
COMMITTEES 
DEFINED.—In this subsection, the term ‘‘congres-
sional defense committees’’ has the meaning given 
that term in section 101(a)(16) of title 10, United 
States Code. 
SEC. 512. MODIFICATION OF EDUCATION LOAN REPAY-
MENT 
PROGRAM 
FOR 
MEMBERS 
OF 
SE-
LECTED RESERVE. 
(a) MODIFICATION
OF
MAXIMUM
REPAYMENT 
AMOUNT.—Section 16301(b) of title 10, United States 
Code, is amended by striking ‘‘15 percent or $500’’ and 
inserting ‘‘20 percent or $1,000’’. 
(b) EFFECTIVE DATE
AND APPLICABILITY.—The 
amendment made by subsection (a) shall take effect on 
the date of the enactment of this Act and shall apply with
381 
respect to loan repayment under section 16301 of title 10, 
United States Code, for eligible years of service completed 
on or after the date of the enactment of this Act. 
SEC. 513. REQUIREMENT OF CONSENT OF THE CHIEF EXEC-
UTIVE OFFICER FOR CERTAIN FULL-TIME NA-
TIONAL GUARD DUTY PERFORMED IN A 
STATE, TERRITORY, OR THE DISTRICT OF CO-
LUMBIA. 
Section 502(f)(2)(A) of title 32, United States Code, 
is amended by inserting ‘‘and performed inside the United 
States with the consent of the chief executive officer of 
the State (as that term is defined in section 901 of this 
title)’’ after ‘‘Defense’’. 
SEC. 514. CONSTRUCTIVE CREDIT FOR CERTAIN MEMBERS 
OF THE RESERVE COMPONENTS WHO CAN-
NOT COMPLETE MINIMUM ANNUAL TRAINING 
REQUIREMENTS AS A RESULT OF THE COVID– 
19 PANDEMIC. 
(a) AUTHORITY.—Under regulations prescribed by 
the Secretary of Defense, the Secretary, in computing re-
tired pay pursuant to section 12733 of title 10, United 
States Code, may approve constructive credit, in addition 
to points earned under section 12732(a)(2) of such title, 
for a member of the reserve components of the Armed 
Forces who cannot complete minimum annual training re-
382 
quirements due to cancellation or other extenuating cir-
cumstance arising from the covered national emergency. 
(b) REPORTING.— 
(1) REPORT REQUIRED.—Not later than 1 year 
after the date on which the covered national emer-
gency ends, the Secretary of Defense shall submit to 
the congressional defense committees a report on the 
use of the authority under subsection (a). 
(2) ELEMENTS.—The report under this sub-
section shall include, with respect to each reserve 
component, the following: 
(A) The number of individuals granted 
constructive credit as a result of a training can-
cellation. 
(B) The number of individuals granted 
constructive credit as a result of another ex-
tenuating circumstance. 
(C) Recommendations of the Secretary 
whether the authority under subsection (a) 
should be made permanent and under what cir-
cumstances such permanent authority should 
apply. 
(3) PUBLICATION.—Not later than 30 days 
after submitting the report under paragraph (1), the 
Secretary shall—
383 
(A) publish the report on a publicly acces-
sible website of the Department of Defense; and 
(B) ensure that any data in the report is 
made available in a machine-readable format 
that is downloadable, searchable, and sortable. 
(c) COVERED NATIONAL EMERGENCY DEFINED.—In 
this section, the term ‘‘covered national emergency’’ 
means the national emergency declared on March 13, 
2020, by the President under the National Emergencies 
Act (50 U.S.C. 1601 et seq.) with respect to COVID–19. 
SEC. 515. GUIDANCE FOR USE OF UNMANNED AIRCRAFT 
SYSTEMS BY THE NATIONAL GUARD. 
(a) NEW GUIDANCE.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of 
Defense shall issue new guidance that provides for the ex-
pedited review of requests for the use of unmanned air-
craft systems by the National Guard for covered activities 
within the United States. 
(b) COVERED ACTIVITIES DEFINED.—In this section, 
‘‘covered activities’’ means the following: 
(1) Emergency operations. 
(2) Search and rescue operations. 
(3) Defense support to civil authorities. 
(4) Support under section 502(f) of title 32, 
United States Code.
384 
SEC. 516. DIRECT EMPLOYMENT PILOT PROGRAM FOR CER-
TAIN MEMBERS OF THE RESERVE COMPO-
NENTS. 
(a) IN GENERAL.—The Secretary of Defense may 
carry out a pilot program to enhance the efforts of the 
Department of Defense to provide job placement assist-
ance and related employment services directly to members 
of the National Guard and Reserves in reserve active-sta-
tus. 
(b) ADMINISTRATION.—Any such pilot program shall 
be offered to, and administered by, the adjutants general 
appointed under section 314 of title 32, United States 
Code, or other officials in the States concerned designated 
by the Secretary for purposes of the pilot program. 
(c) COST-SHARING REQUIREMENT.—As a condition 
on the provision of funds under this section to a State 
to support the operation of the pilot program in that 
State, the State must agree to contribute an amount, de-
rived from non-Federal sources, equal to at least 50 per-
cent of the funds provided by the Secretary to the State 
under this section. 
(d) DEVELOPMENT.—In developing any such pilot 
program, the Secretary shall— 
(1) incorporate elements of State direct employ-
ment programs for members of the reserve compo-
nents; and
385 
(2) use resources provided to members of the 
Armed Forces with civilian training opportunities 
through the SkillBridge transition training program 
administered by the Department of Defense. 
(e) DIRECT EMPLOYMENT PROGRAM MODEL.—Any 
such pilot program shall use a job placement program 
model that focuses on working one-on-one with eligible 
members to cost-effectively provide job placement services, 
including— 
(1) identifying unemployed and underemployed 
individuals; 
(2) job matching services; 
(3) resume editing; 
(4) interview preparation; and 
(5) post-employment follow up. 
(f) EVALUATION.—The Secretary shall develop out-
come metrics to evaluate the success of any such pilot pro-
gram. 
(g) REPORTING.— 
(1) REPORT REQUIRED.—If the Secretary car-
ries out the pilot Program, the Secretary of Defense 
shall submit to the congressional defense committees 
a report describing the results of the pilot program 
not later than March 1, 2022. The Secretary shall
386 
prepare the report in coordination with the Chief of 
the National Guard Bureau. 
(2) ELEMENTS.—A report under paragraph (1) 
shall include the following: 
(A) A description and assessment of the ef-
fectiveness and achievements of the pilot pro-
gram, including the number of members of the 
reserve components of the Armed Forces hired 
and the cost-per-placement of participating 
members. 
(B) An assessment of the effects of the 
pilot program and increased reserve component 
employment on the readiness of members of the 
reserve components and on the retention of 
members. 
(C) A comparison of the pilot program to 
other programs conducted by the Department 
of Defense to provide unemployment or under-
employment support to members of the reserve 
components of the Armed Forces, including the 
best practices developed through and used in 
such programs. 
(D) Any other matters the Secretary of 
Defense determines appropriate. 
(h) DURATION; EXTENSION.—
387 
(1) Subject to paragraph (2), the authority to 
carry out the pilot program expires on September 
30, 2024. 
(2) The Secretary may elect to extend the pilot 
program for not more than two additional fiscal 
years. 
SEC. 517. TEMPORARY LIMITATION ON AUTHORITY TO 
TRANSFER, RELOCATE, OR DISSOLVE ELE-
MENTS OF THE RESERVE COMPONENTS OF 
THE AIR FORCE. 
(a) LIMITATION.—The Secretary of the Air Force 
may not transfer or relocate any personnel or asset, or 
dissolve any unit, of the Air National Guard or Air Force 
Reserve until the latter of the following occurs: 
(1) The day that is 180 days after the date on 
which the Secretary of the Air Force submits the re-
port under subsection (b). 
(2) The Chief of Space Operations certifies in 
writing to the Secretary of the Air Force that plans 
of the Secretary to establish the reserve components 
of the Space Force shall not diminish space capa-
bility of the Department of the Air Force. 
(b) REPORT REQUIRED.—Not later than January 31, 
2021, the Secretary of the Air Force shall submit to the 
Committees on Armed Services of the Senate and House
388 
of Representatives a report regarding the plan of the Sec-
retary to establish the reserve components of the Space 
Force. The report shall identify the following: 
(1) The assumptions and factors used to de-
velop the plan. 
(2) The members of the team that issued rec-
ommendations regarding the organization of such re-
serve components. 
(3) The recommendations of the Secretary re-
garding the mission, organization, and unit retention 
of such reserve components. 
(4) The final organizational and integration 
recommendations regarding such reserve compo-
nents. 
(5) The proposed staffing and operational orga-
nization for such reserve components. 
(6) The estimated date of implementation of 
the plan. 
(7) Any savings or costs arising from the pres-
ervation of existing space-related force structures in 
the Air National Guard.
389 
SEC. 518. PILOT PROGRAMS IN CONNECTION WITH SROTC 
UNITS AND CSPI PROGRAMS AT HISTORI-
CALLY BLACK COLLEGES AND UNIVERSITIES 
AND MINORITY INSTITUTIONS. 
(a) PILOT PROGRAMS REQUIRED.—The Secretary of 
Defense may carry out two pilot programs as follows: 
(1) A pilot program, with elements as provided 
for in subsection (c), at covered institutions in order 
to assess the feasibility and advisability of mecha-
nisms to reduce barriers to participation in the Sen-
ior Reserve Officers’ Training Corps at such institu-
tions by creating partnerships between satellite or 
extension Senior Reserve Officers’ Training Corps 
units at such institutions and military installations. 
(2) In consultation with the Secretary of Home-
land Security, a pilot program, with elements as pro-
vided for in subsection (d), in order to assess the 
feasibility and advisability of the provision of finan-
cial assistance to members of the Senior Reserve Of-
ficers’ Training Corps, and members of the Coast 
Guard College Student Pre-Commissioning Initia-
tive, at covered institutions for participation in flight 
training. 
(b) DURATION.—The duration of each pilot program 
under subsection (a) may not exceed 5 years.
390 
(c) PILOT PROGRAM ON PARTNERSHIPS BETWEEN 
SATELLITE OR EXTENSION SROTC UNITS AND MILITARY 
INSTALLATIONS.— 
(1) PARTICIPATING
INSTITUTIONS.—The Sec-
retary of Defense shall carry out the pilot program 
required by subsection (a)(1) at not fewer than five 
covered institutions selected by the Secretary for 
purposes of the pilot program. 
(2) REQUIREMENTS
FOR
SELECTION.—Each 
covered institution selected by the Secretary for pur-
poses of the pilot program under subsection (a)(1) 
shall— 
(A) currently maintain a satellite or exten-
sion Senior Reserve Officers’ Training Corps 
unit under chapter 103 of title 10, United 
States Code, that is located more than 20 miles 
from the host unit of such unit; or 
(B) establish and maintain a satellite or 
extension Senior Reserve Officers’ Training 
Corps unit that meets the requirements in sub-
paragraph (A). 
(3) PREFERENCE IN SELECTION OF INSTITU-
TIONS.—In selecting covered institutions under this 
subsection for participation in the pilot program 
under subsection (a)(1), the Secretary shall give
391 
preference to covered institutions that are located 
within 20 miles of a military installation of the same 
Armed Force as the host unit of the Senior Reserve 
Officers’ Training Corps of the covered institution 
concerned. 
(4) PARTNERSHIP ACTIVITIES.—The activities 
conducted under the pilot program under subsection 
(a)(1) between a satellite or extension Senior Re-
serve Officers’ Training Corps unit and the military 
installation concerned shall include such activities 
designed to reduce barriers to participation in the 
Senior Reserve Officers’ Training Corps at the cov-
ered institution concerned as the Secretary considers 
appropriate, including measures to mitigate travel 
time and expenses in connection with receipt of Sen-
ior Reserve Officers’ Training Corps instruction. 
(d) PILOT PROGRAM ON FINANCIAL ASSISTANCE FOR 
SROTC AND CSPI MEMBERS FOR FLIGHT TRAINING.— 
(1) ELIGIBILITY FOR PARTICIPATION BY SROTC 
AND CSPI MEMBERS.—A member of a Senior Re-
serve Officers’ Training Corps unit, or a member of 
a Coast Guard College Student Pre-Commissioning 
Initiative program, at a covered institution may par-
ticipate in the pilot program under subsection (a)(2) 
if the member meets such academic requirements at
392 
the covered institution, and such other requirements, 
as the Secretary shall establish for purposes of the 
pilot program. 
(2) PREFERENCE IN SELECTION OF PARTICI-
PANTS.—In selecting members under this subsection 
for participation in the pilot program under sub-
section (a)(2), the Secretary shall give a preference 
to members who will pursue flight training under the 
pilot program at a covered institution. 
(3) FINANCIAL ASSISTANCE FOR FLIGHT TRAIN-
ING.— 
(A) IN
GENERAL.—The Secretary may 
provide any member of a Senior Reserve Offi-
cers’ Training Corps unit or a College Student 
Pre-Commissioning Initiative program who par-
ticipates in the pilot program under subsection 
(a)(2) financial assistance to defray, whether in 
whole or in part, the charges and fees imposed 
on the member for flight training. 
(B) FLIGHT TRAINING.—Financial assist-
ance may be used under subparagraph (A) for 
a course of flight training only if the course 
meets Federal Aviation Administration stand-
ards and is approved by the Federal Aviation
393 
Administration and the applicable State approv-
ing agency. 
(C) USE.—Financial assistance received by 
a member under subparagraph (A) may be used 
only to defray the charges and fees imposed on 
the member as described in that subparagraph. 
(D) CESSATION OF ELIGIBILITY.—Finan-
cial assistance may not be provided to a mem-
ber under subparagraph (A) as follows: 
(i) If the member ceases to meet the 
academic and other requirements estab-
lished pursuant to paragraph (1). 
(ii) If the member ceases to be a 
member of the Senior Reserve Officers’ 
Training Corps or the College Student 
Pre-Commissioning Initiative, as applica-
ble. 
(e) EVALUATION METRICS.—The Secretary of De-
fense shall establish metrics to evaluate the effectiveness 
of the pilot programs under subsection (a). 
(f) REPORTS.— 
(1) INITIAL REPORT.—Not later than 180 days 
after the commencement of the pilot programs under 
subsection (a), the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate
394 
and the House of Representatives a report on the 
pilot programs. The report shall include the fol-
lowing: 
(A) A description of each pilot program, 
including in the case of the pilot program under 
subsection (a)(2) the requirements established 
pursuant to subsection (d)(1). 
(B) The evaluation metrics established 
under subsection (e). 
(C) Such other matters relating to the 
pilot programs as the Secretary considers ap-
propriate. 
(2) ANNUAL REPORT.—Not later than 90 days 
after the end of each fiscal year in which the Sec-
retary carries out the pilot programs, the Secretary 
shall submit to the Committees on Armed Services 
of the Senate and the House of Representatives a 
report on the pilot programs during such fiscal year. 
Each report shall include, for the fiscal year covered 
by such report, the following: 
(A) In the case of the pilot program re-
quired by subsection (a)(1), a description of the 
partnerships between satellite or extension Sen-
ior Reserve Officers’ Training Corps units and 
military installations under the pilot program.
395 
(B) In the case of the pilot program re-
quired by subsection (a)(2), the following: 
(i) The number of members of Senior 
Reserve Officers’ Training Corps units, 
and the number of members of Coast 
Guard College Student Pre-Commissioning 
Initiative programs, at covered institutions 
selected for purposes of the pilot program, 
including the number of such members 
participating in the pilot program. 
(ii) The number of recipients of finan-
cial assistance provided under the pilot 
program, including the number who— 
(I) completed a ground school 
course of instruction in connection 
with obtaining a private pilot’s certifi-
cate; 
(II) completed flight training, 
and the type of training, certificate, or 
both received; 
(III) were selected for a pilot 
training slot in the Armed Forces; 
(IV) initiated pilot training in the 
Armed Forces; or
396 
(V) successfully completed pilot 
training in the Armed Forces. 
(iii) The amount of financial assist-
ance provided under the pilot program, 
broken out by covered institution, course of 
study, and such other measures as the Sec-
retary considers appropriate. 
(C) Data collected in accordance with the 
evaluation metrics established under subsection 
(e). 
(3) FINAL REPORT.—Not later than 180 days 
prior to the completion of the pilot programs, the 
Secretary shall submit to the Committees on Armed 
Services of the Senate and the House of Representa-
tives a report on the pilot programs. The report 
shall include the following: 
(A) A description of the pilot programs. 
(B) An assessment of the effectiveness of 
each pilot program. 
(C) A description of the cost of each pilot 
program, and an estimate of the cost of making 
each pilot program permanent. 
(D) An estimate of the cost of expanding 
each pilot program throughout all eligible Sen-
ior Reserve Officers’ Training Corps units and
397 
College Student Pre-Commissioning Initiative 
programs. 
(E) Such recommendations for legislative 
or administrative action as the Secretary con-
siders appropriate in light of the pilot pro-
grams, including recommendations for extend-
ing or making permanent the authority for each 
pilot program. 
(g) DEFINITIONS.—In this section: 
(1) The term ‘‘covered institution’’ has the 
meaning given that term in section 262(g)(2) of the 
National Defense Authorization Act for Fiscal Year 
2020 (Public Law 116–92). 
(2) The term ‘‘flight training’’ means a course 
of instruction toward obtaining any of the following: 
(A) A private pilot’s certificate. 
(B) A commercial pilot certificate. 
(C) A certified flight instructor certificate. 
(D) A multi-crew pilot’s license. 
(E) A flight instrument rating. 
(F) Any other certificate, rating, or pilot 
privilege the Secretary considers appropriate for 
purposes of this section.
398 
(3) The term ‘‘military installation’’ means an 
installation of the Department of Defense for the 
regular components of the Armed Forces. 
SEC. 519. REPORT REGARDING FULL-TIME NATIONAL 
GUARD DUTY IN RESPONSE TO THE COVID–19 
PANDEMIC. 
(a) REPORT REQUIRED.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense com-
mittees a report regarding how the Secretary determined 
whether to authorize full-time National Guard duty in re-
sponse to the covered national emergency. 
(b) ELEMENTS.—The report under this section shall 
include the following: 
(1) The number of requests described in sub-
section (a). 
(2) The number of such requests approved and 
the number of requests denied. 
(3) For each such request— 
(A) the time elapsed from receipt of re-
quest to disposition of request; and 
(B) whether costs (including pay and bene-
fits for members of the National Guard) were 
a factor in determining whether to grant or 
deny the request.
399 
(4) For each such request approved, the time 
elapsed from approval to when the first such mem-
ber of the National Guard was placed on full-time 
National Guard duty in response to such request. 
(5) For each such request denied, the reason 
for denial and how such denial was explained to the 
requestor. 
(6) A description of how the process of review 
for such requests differed from previous requests for 
full-time National Guard duty under section 502(f) 
of title 32, United States Code. 
(7) Recommendations of the Secretary to im-
prove the review of such requests in order to better 
respond to such requests. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘covered national emergency’’ 
means the national emergency declared on March 
13, 2020, by the President under the National 
Emergencies Act (50 U.S.C. 1601 et seq.) with re-
spect to COVID–19. 
(2) The term ‘‘full-time National Guard duty’’ 
has the meaning given that term in section 101 of 
title 10, United States Code.
400 
SEC. 520. STUDY AND REPORT ON ROTC RECRUITMENT. 
(a) STUDY.—The Secretary of Defense shall conduct 
a study that assesses— 
(1) the efforts of the Department of Defense to 
recruit individuals to serve in the Junior Reserve Of-
ficers’ Training Corps and the Senior Reserve Offi-
cers’ Training Corps over the period of 10 years pre-
ceding the date of the study; 
(2) whether members of the Armed Forces who 
served in the Junior Reserve Officers’ Training 
Corps are more or less likely than members who 
served in the Senior Reserve Officers’ Training 
Corps to achieve or receive recommendations for 
higher ranks; 
(3) whether there is a correlation between race 
or ethnicity and the rank ultimately achieved by 
such members; and 
(4) the feasibility of establishing a program to 
create a pathway for minorities into higher ranks 
within the military. 
(b) REPORT.—Not later than December 31, 2022, 
the Secretary of Defense shall submit to the congressional 
defense committee a report on the results of the study con-
ducted under subsection (a).
401 
SEC. 520A. TRANSITIONAL HEALTH BENEFITS FOR CER-
TAIN MEMBERS OF THE NATIONAL GUARD 
SERVING UNDER ORDERS IN RESPONSE TO 
THE CORONAVIRUS (COVID–19). 
(a) IN GENERAL.—The Secretary of Defense shall 
provide to a member of the National Guard separating 
from active service after serving on full-time National 
Guard duty pursuant to section 502(f) of title 32, United 
States Code, the health benefits authorized under section 
1145 of title 10, United States Code, for a member of 
a reserve component separating from active duty, as re-
ferred to in subsection (a)(2)(B) of such section 1145, if 
the active service from which the member of the National 
Guard is separating was in support of the whole of govern-
ment response to the coronavirus (COVID–19). 
(b) DEFINITIONS.—In this section, the terms ‘‘active 
duty’’, ‘‘active service’’, and ‘‘full-time National Guard 
duty’’ have the meanings given those terms in section 
101(d) of title 10, United States Code. 
SEC. 520B. QUARANTINE HOUSING FOR MEMBERS OF THE 
NATIONAL GUARD WHO PERFORM CERTAIN 
DUTY IN RESPONSE TO THE COVID–19 EMER-
GENCY. 
(a) IN GENERAL.—The Secretary of Defense shall 
provide, to a member of the National Guard who performs 
a period of covered duty, housing for not fewer than 14
402 
days immediately after the end of such period of covered 
duty. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘covered duty’’ means full-time 
National Guard duty performed in response to the 
covered national emergency. 
(2) The term ‘‘covered national emergency’’ 
means the national emergency declared on March 
13, 2020, by the President under the National 
Emergencies Act (50 U.S.C. 1601 et seq.) with re-
spect to COVID–19. 
(3) The term ‘‘full-time National Guard duty’’ 
has the meaning given that term in section 101 of 
title 10, United States Code. 
SEC. 520C. NATIONAL GUARD SUPPORT TO MAJOR DISAS-
TERS. 
(a) IN GENERAL.—Section 502(f) of title 32, United 
States Code, is amended— 
(1) in paragraph (2), by adding at the end the 
following: 
‘‘(C) Operations or missions authorized by the 
President or the Secretary of Defense to support 
large scale, complex, catastrophic disasters, as de-
fined by section 311(3) of title 6, United States 
Code, at the request of a State governor.’’; and
403 
(2) by adding at the end the following: 
‘‘(4) With respect to operations or missions de-
scribed under paragraph (2)(C), there is authorized 
to be appropriated to the Secretary of Defense such 
sums as may be necessary to carry out such oper-
ations and missions, but only if— 
‘‘(A) an emergency has been declared by 
the governor of the applicable State; and 
‘‘(B) the President has declared the emer-
gency to be a major disaster for the purposes 
of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act.’’. 
(b) REPORT ON METHODS TO ENHANCE DOMESTIC 
RESPONSE
TO LARGE SCALE, COMPLEX
AND CATA-
STROPHIC DISASTERS.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense, in consultation and coordination 
with the Federal Emergency Management Agency, 
the National Security Council, the Council of Gov-
ernors, and the National Governors Association, 
shall submit to the congressional defense, the Com-
mittees on Transportation and Infrastructure and 
Homeland Security of the House of Representatives, 
and the Committee on Homeland Security and Gov-
404 
ernmental Affairs of the Senate a report on their 
plan to establish policy and processes to implement 
the authority provided by the amendments made by 
section 520. The report shall include a detailed ex-
amination of the policy framework consistent with 
existing authorities, identify major statutory or pol-
icy impediments to implementation, and make rec-
ommendations for legislation as appropriate. 
(2) CONTENTS.—The report submitted under 
paragraph (1) shall include a description of— 
(A) the current policy and processes where-
by governors can request activation of the Na-
tional Guard under title 32, United States 
Code, as part of the response to large scale, 
complex, catastrophic disasters that are sup-
ported by the Federal Government and, if no 
formal process exists in policy, the Secretary of 
Defense shall provide a timeline and plan to es-
tablish such a policy, including consultation 
with the Council of Governors and the National 
Governors Association; 
(B) the Secretary of Defense’s assessment, 
informed by consultation with the Federal 
Emergency Management Agency, the National 
Security Council, the Council of Governors, and
405 
the National Governors Association, regarding 
the sufficiency of current authorities for the re-
imbursement of National Guard and Reserve 
manpower during large scale, complex, cata-
strophic disasters under title 10 and title 32, 
United States Code, and specifically whether re-
imbursement authorities are sufficient to ensure 
that military training and readiness are not de-
graded to fund disaster response, or invoking 
them degrades the effectiveness of the Disaster 
Relief Fund; 
(C) the Department of Defense’s plan to 
ensure there is parallel and consistent policy in 
the application of the authorities granted under 
section 12304a of title 10, United States Code, 
and section 502(f) of title 32, United States 
Code, including— 
(i) a description of the disparities be-
tween benefits and protections under Fed-
eral law versus State active duty; 
(ii) recommended solutions to achieve 
parity at the Federal level; and 
(iii) recommended changes at the 
State level, if appropriate;
406 
(D) the Department of Defense’s plan to 
ensure there is parity of benefits and protec-
tions for military members employed as part of 
the response to large scale, complex, cata-
strophic disasters under title 32 or title 10, 
United States Code, and recommendations for 
addressing shortfalls; and 
(E) a review, by the Federal Emergency 
Management Agency, of the current policy for, 
and an assessment of the sufficiency of, reim-
bursement authority for the use of all National 
Guard and Reserve, both to the Department of 
Defense and to the States, during large scale, 
complex, catastrophic disasters, including any 
policy and legal limitations, and cost assess-
ment impact on Federal funding. 
SEC. 520D. AUTHORITY TO REINSTATE AND TRANSFER OF-
FICERS IN MEDICAL SPECIALTIES IN THE RE-
SERVE 
COMPONENTS 
OF 
THE 
ARMED 
FORCES PREVIOUSLY RETIRED HONORABLY 
OR UNDER HONORABLE CONDITIONS. 
(a) IN GENERAL.—Section 14703(b) of title 10, 
United States Code, is amended— 
(1) in paragraph (1), by striking ‘‘paragraph 
(2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and
407 
(2) by adding at the end the following new 
paragraph: 
‘‘(3) In the case of an officer in a medical specialty 
described in subsection (a) who was previously retired hon-
orably or under honorable conditions beyond the date de-
scribed in paragraph (1)— 
‘‘(A) if the Secretary concerned determines it 
necessary, the Secretary concerned may, with the 
consent of the officer, reinstate the officer to an ac-
tive status for such period as the Secretary con-
cerned determines appropriate; or 
‘‘(B) the officer may be transferred under sec-
tion 716 of this title to another armed force and re-
instated to an active status for such period as the 
Secretary concerned determines appropriate.’’. 
(b) CLERICAL AMENDMENTS.— 
(1) SECTION HEADING.—The heading for sec-
tion 14703 of title 10, United States Code, is 
amended to read as follows:
408 
‘‘§ 14703. Retention of chaplains and officers in med-
ical specialties until specified age; reten-
tion, reinstatement, and transfer of offi-
cers in medical specialties beyond speci-
fied age’’. 
(2) TABLE OF SECTIONS.—The table of sections 
at the beginning of chapter 1409 of such title is 
amended by striking the item relating to section 
14703 and inserting the following new item: 
‘‘14703. Retention of chaplains and officers in medical specialties until specified 
age; retention, reinstatement, and transfer of officers in med-
ical specialties beyond specified age.’’. 
SEC. 520E. REPORT REGARDING NATIONAL GUARD YOUTH 
CHALLENGE PROGRAM. 
Not later than December 31, 2021, the Secretary of 
Defense shall submit a report to the congressional defense 
committees regarding the resources and authorities the 
Secretary determines necessary to identify the effects of 
the National Guard Youth Challenge Program on grad-
uates of that program during the 5 years immediately pre-
ceding the date of the report. Such resources shall include 
the costs of identifying such effects beyond the 12-month, 
post-residential mentoring period of that program.
409 
SEC. 520F. PERMANENT SUICIDE PREVENTION AND RESIL-
IENCE PROGRAM FOR THE RESERVE COMPO-
NENTS. 
Section 10219 of title 10, United States Code, is 
amended by striking subsection (h). 
Subtitle C—General Service Au-
thorities and Correction of Mili-
tary Records 
SEC. 521. TEMPORARY AUTHORITY TO ORDER RETIRED 
MEMBERS TO ACTIVE DUTY IN HIGH-DE-
MAND, LOW-DENSITY ASSIGNMENTS DURING 
WAR OR NATIONAL EMERGENCY. 
Section 688a of title 10, United States Code, is 
amended— 
(1) by redesignating subsection (g) as sub-
section (h); and 
(2) by inserting after subsection (f) the fol-
lowing new subsection: 
‘‘(g) EXCEPTION DURING PERIOD OF WAR OR NA-
TIONAL EMERGENCY.—The limitations in subsections (c) 
and (f) shall not apply during time of war declared by 
Congress or of national emergency declared by the Presi-
dent.’’.
410 
SEC. 522. REENLISTMENT WAIVERS FOR PERSONS SEPA-
RATED FROM THE ARMED FORCES WHO COM-
MIT ONE MISDEMEANOR CANNABIS OFFENSE. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall prescribe regulations that permit any Secretary of 
a military department to grant a reenlistment waiver to 
a covered person if the Secretary determines that the reen-
listment of that covered person is vital to the national in-
terest. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘covered person’’ means an indi-
vidual— 
(A) who has been separated, discharged, 
dismissed, or released from the Armed Forces; 
and 
(B) who has admitted to or been convicted 
by a court of competent jurisdiction of a single 
violation— 
(i) of any law of a State or the United 
States relating to the use or possession of 
cannabis; 
(ii) that constitutes a misdemeanor; 
and 
(iii) that occurred while that indi-
vidual was not performing active service.
411 
(2) The terms ‘‘active service’’ and ‘‘military 
department’’ have the meanings given such terms in 
section 101 of title 10, United States Code. 
SEC. 523. REVIEW OF SEAMAN TO ADMIRAL-21 PROGRAM; 
CREDIT TOWARDS RETIREMENT. 
(a) REVIEW.—The Secretary of the Navy shall review 
personnel records of all participants in the Seaman to Ad-
miral-21 program during fiscal years 2010 through 2014 
to determine whether each participant acknowledged, be-
fore entering a baccalaureate degree program, that service 
during the baccalaureate degree program would not be in-
cluded when computing years of service for retirement. 
(b) CREDIT.—For each participant described in sub-
section (a) for whom the Secretary cannot find evidence 
of an acknowledgment described in that subsection, the 
Secretary shall include service during the baccalaureate 
degree program when computing— 
(1) years of service; and 
(2) retired or retainer pay. 
(c) REPORT REQUIRED.—The Secretary shall submit 
a report to the Committees on Armed Services of the Sen-
ate and House of Representatives regarding the results 
of the review under subsection (a) and the number of par-
ticipants credited with service under subsection (b).
412 
(d) DEADLINE.—The Secretary of the Navy shall 
carry out this section not later than 180 days after the 
date of the enactment of this Act. 
SEC. 524. REPORT REGARDING REVIEWS OF DISCHARGES 
AND DISMISSALS BASED ON SEXUAL ORI-
ENTATION OR GENDER IDENTITY. 
(a) REPORT REQUIRED.—Not later than September 
30, 2021, the Secretaries of Defense and Veterans Affairs 
shall jointly submit to Congress a report regarding former 
members of the Armed Forces who— 
(1) were discharged or dismissed from the 
Armed Forces; 
(2) have applied to either Secretary for an up-
grade in the characterization of discharge or dis-
missal; and 
(3) allege in such applications that such dis-
charges or dismissals arose from a policy of the De-
partment of Defense regarding the sexual orienta-
tion or gender identity of a member. 
(b) ELEMENTS.—The report under this section shall 
include the number of applications described in subsection 
(a) and the percentages of such applications granted and 
denied, disaggregated by— 
(1) Armed Force; 
(2) grade;
413 
(3) race; 
(4) ethnicity; 
(5) gender; 
(6) characterization of discharge or dismissal; 
and 
(7) upgraded characterization of discharge or 
dismissal, if applicable. 
(c) PUBLICATION.—The Secretaries each shall pub-
lish the report under this section on a publicly accessible 
website of the respective department. 
SEC. 525. DEVELOPMENT OF GUIDELINES FOR USE OF UN-
OFFICIAL SOURCES OF INFORMATION TO DE-
TERMINE ELIGIBILITY OF MEMBERS AND 
FORMER MEMBERS OF THE ARMED FORCES 
FOR DECORATIONS AND BENEFITS WHEN 
THE SERVICE RECORDS ARE INCOMPLETE 
BECAUSE OF DAMAGE TO THE OFFICIAL 
RECORD. 
Section 528 of National Defense Authorization Act 
for Fiscal Year 2020 (10 U.S.C. 1121 note; 133 
Stat.1357) is amended— 
(1) in the section heading, by inserting ‘‘AND 
BENEFITS’’ after ‘‘DECORATIONS’’; 
(2) in subsection (a)—
414 
(A) by inserting ‘‘and the Secretary of Vet-
erans Affairs’’ after ‘‘military departments’’; 
and 
(B) by inserting ‘‘and benefits’’ after 
‘‘decorations’’; 
(3) by redesignating subsection (b) as sub-
section (c); and 
(4) by inserting after subsection (a) the fol-
lowing new subsection: 
‘‘(b) CONSULTATION.—The Secretary of Defense 
shall prepare the guidelines in consultation with the Sec-
retary of Veterans Affairs, with respect to veterans bene-
fits under title 38, United States Code, whose eligibility 
determinations depend on the use of service records main-
tained by the Department of Defense.’’. 
SEC. 526. REPORT ON BAD PAPER. 
(a) REPORT REQUIRED.—Not later than September 
1, 2021, the Inspector General of the Department of De-
fense shall submit to the Committees on Armed Services 
of the Senate and House of Representatives a report re-
garding bad paper issued by the Department of Defense 
during the 20 years preceding the date of the report. 
(b) ELEMENTS.—The report shall include, with re-
gards to members who received bad paper, the following, 
if known:
415 
(1) Sex. 
(2) Age. 
(3) Religion. 
(4) Race. 
(5) Ethnicity. 
(6) Tribal affiliation. 
(7) Sexual orientation. 
(8) Reasons for discharge or dismissal. 
(9) In a case of a bad conduct or medical dis-
charge, whether there is evidence the member suf-
fered symptoms of sexual trauma, including— 
(A) post-traumatic stress disorder; 
(B) going absent without leave or on unau-
thorized absence; 
(C) inability to complete duties or carry 
out orders; 
(D) insubordination; 
(E) substance abuse; 
(F) or substance addiction; 
(10) Whether the member had filed a complaint 
within the chain of command regarding— 
(A) fraud, waste, or abuse of Federal 
funds; 
(B) a violation of military or Federal law;
416 
(C) a violation of the Uniform Code of 
Military Justice; 
(D) sexual assault; 
(E) sexual harassment; 
(F) sexual abuse; 
(G) sexual trauma; or 
(H) discrimination on the basis of sex, age, 
religion, race, ethnicity, Tribal affiliation, or 
sexual orientation. 
(11) Armed Force. 
(12) Any other information the Inspector Gen-
eral determines appropriate. 
(c) INTERVIEWS.—To prepare report under this sec-
tion, the Inspector General may interview veterans or 
other former members of the Armed Forces. 
(d) BAD PAPER DEFINED.—In this section, ‘‘bad 
paper’’ means a discharge or dismissal from the Armed 
Forces characterized as— 
(1) dishonorable; 
(2) bad conduct; or 
(3) other than honorable. 
Subtitle D—Military Justice and 
Other Legal Matters 
SEC. 531. PUNITIVE ARTICLE ON VIOLENT EXTREMISM. 
(a) VIOLENT EXTREMISM.—
417 
(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-
418 
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);
419 
‘‘(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).
420 
‘‘(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. 532. PRESERVATION OF COURT-MARTIAL RECORDS. 
Section 940a of title 10, United States Code (article 
140a of the Uniform Code of Military Justice), is amended 
by adding at the end the following new subsection: 
‘‘(d) PRESERVATION OF COURT-MARTIAL RECORDS 
WITHOUT REGARD TO OUTCOME.—The standards and 
criteria prescribed by the Secretary of Defense under sub-
section (a) shall provide for the preservation of general 
and special court-martial records, without regard to the 
outcome of the proceeding concerned, for not fewer than 
15 years.’’.
421 
SEC. 533. ELECTRONIC NOTARIZATION FOR MEMBERS OF 
THE ARMED FORCES. 
Section 1044a of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(e)(1) A person named in subsection (b) may exer-
cise the powers described in subsection (a) through elec-
tronic means, including under circumstances where the in-
dividual with respect to whom such person is performing 
the notarial act is not physically present in the same loca-
tion as such person. 
‘‘(2) A determination of the authenticity of a notarial 
act authorized in this section shall be made without regard 
to whether the notarial act was performed through elec-
tronic means. 
‘‘(3) A log or journal of a notarial act authorized in 
this section shall be considered for evidentiary purposes 
without regard to whether the log or journal is in elec-
tronic form.’’. 
SEC. 534. CLARIFICATIONS REGARDING SCOPE OF EMPLOY-
MENT AND REEMPLOYMENT RIGHTS OF MEM-
BERS 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
422 
(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 
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.’’.
423 
SEC. 535. TERMINATION OF TELEPHONE, MULTICHANNEL 
VIDEO PROGRAMMING, AND INTERNET AC-
CESS 
SERVICE 
CONTRACTS 
BY 
SERVICEMEMBERS WHO ENTER INTO CON-
TRACTS AFTER RECEIVING MILITARY OR-
DERS FOR PERMANENT CHANGE OF STATION 
BUT THEN RECEIVE STOP MOVEMENT OR-
DERS DUE TO AN EMERGENCY SITUATION. 
(a) IN
GENERAL.—Section 305A(a)(1) of the 
Servicemembers Civil Relief Act (50 U.S.C. 3956) is 
amended— 
(1) by striking ‘‘after the date the servicemem-
ber receives military orders to relocate for a period 
of not less than 90 days to a location that does not 
support the contract.’’ and inserting ‘‘after—’’; and 
(2) by adding at the end the following new sub-
paragraphs: 
‘‘(A) the date the servicemember receives 
military orders to relocate for a period of not 
less than 90 days to a location that does not 
support the contract; or 
‘‘(B) the date the servicemember, while in 
military service, receives military orders for a 
permanent change of station, thereafter enters 
into the contract, and then after entering into 
the contract receives a stop movement order
424 
issued by the Secretary of Defense in response 
to a local, national, or global emergency, effec-
tive for an indefinite period or for a period of 
not less than 30 days, which prevents the serv-
icemember from using the services provided 
under the contract.’’. 
(b) RETROACTIVE APPLICATION.—The amendments 
made by this section shall apply to stop movement orders 
issued on or after March 1, 2020. 
SEC. 536. ABSENTEE BALLOT TRACKING PROGRAM. 
(a) ESTABLISHMENT
AND
OPERATION
OF
PRO-
GRAM.—Section 102(h) of the Uniformed and Overseas 
Citizens Absentee Voting Act (52 U.S.C. 20302(h)) is 
amended to read as follows: 
‘‘(h) ABSENTEE BALLOT TRACKING PROGRAM.— 
‘‘(1) REQUIRING ESTABLISHMENT AND OPER-
ATION OF PROGRAM.—The chief State election offi-
cial, in coordination with local election jurisdictions, 
shall establish and operate an absentee ballot track-
ing program described in paragraph (2) for the use 
of absent uniformed services voters and overseas vot-
ers. 
‘‘(2) PROGRAM DESCRIBED.— 
‘‘(A) INFORMATION ON TRANSMISSION AND 
RECEIPT OF ABSENTEE BALLOTS.—An absentee
425 
ballot tracking program described in this para-
graph is a program under which— 
‘‘(i) the State or local election official 
responsible for the transmission of absen-
tee ballots in an election for Federal office 
operates procedures to track and confirm 
the transmission of such ballots and to 
make information on the transmission of 
such a ballot available by means of online 
access using the Internet site of the offi-
cial’s office; and 
‘‘(ii) the State or local election official 
responsible for the receipt of absentee bal-
lots in an election for Federal office oper-
ates procedures to track and confirm the 
receipt of such ballots and (subject to sub-
paragraph (B)) to make information on 
the receipt of such a ballot available by 
means of online access using the Internet 
site of the official’s office. 
‘‘(B) SPECIFIC INFORMATION ON RECEIPT 
OF VOTED ABSENTEE BALLOTS.—The informa-
tion required to be made available under clause 
(ii) of subparagraph (A) with respect to the re-
ceipt of a voted absentee ballot in an election
426 
for Federal office shall include information re-
garding whether the vote cast on the ballot was 
counted, and, in the case of a vote which was 
not counted, the reasons therefor. The appro-
priate State or local election official shall make 
the information described in the previous sen-
tence available during the 30-day period that 
begins on the date on which the results of the 
election are certified, or during such earlier 30- 
day period as the official may provide. 
‘‘(3) USE OF TOLL-FREE TELEPHONE NUMBER 
BY OFFICIALS WITHOUT INTERNET SITE.—A pro-
gram established and operated by a State or local 
election official whose office does not have an Inter-
net site may meet the requirements of paragraph (2) 
if the official has established and operates a toll-free 
telephone number that may be used to obtain the in-
formation on the transmission or receipt of the ab-
sentee ballot which is required under such para-
graph.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to an election held 
during 2022 or any succeeding year.
427 
SEC. 537. TRACKING MECHANISM AND REPORTING RE-
QUIREMENTS FOR SUPREMACIST, EXTREM-
IST, AND CRIMINAL GANG ACTIVITY IN THE 
ARMED FORCES. 
(a) PROCESS REQUIRED.—The Secretary of Defense 
shall develop and implement a process to track investiga-
tions, criminal and administrative actions, and final deter-
minations with respect to conduct of members of the cov-
ered Armed Forces that is prohibited under Department 
of Defense Instruction 1325.06, titled ‘‘Handling Dis-
sident and Protest Activities Among Members of the 
Armed Forces’’, or any successor instruction. 
(b) ELEMENTS.—The process under subsection (a) 
shall include the following: 
(1) A mechanism that military criminal inves-
tigative organizations may use— 
(A) to track criminal investigations into 
the prohibited conduct described in subsection 
(a), including a mechanism to track those inves-
tigations that are forwarded to commanders for 
administrative action; 
(B) to provide relevant information from 
criminal investigations and administrative ac-
tions to civilian law enforcement agencies; and
428 
(C) to track final administrative actions 
taken with respect to investigations that are re-
ferred to commanders. 
(2) A mechanism commanders may use to pro-
vide information to military criminal investigative or-
ganizations on any serious conduct under consider-
ation for administrative action or any final adminis-
trative actions taken with respect to the prohibited 
conduct described in subsection (a). 
(3) A standardized database, shared among the 
covered Armed Forces, to ensure that the tracking 
required under subsection (a) is carried out in the 
same manner across such Armed Forces. 
(c) REPORT.—Not later than December 1 of each 
year beginning after the date of the enactment of this Act, 
the Secretary of Defense shall submit to the appropriate 
congressional committees a report on the process imple-
mented under subsection (a). Each report shall include— 
(1) the number of investigations, criminal and 
administrative actions, and final determinations 
tracked over the preceding year; 
(2) the number of individuals discharged from 
the covered Armed Forces due to activities prohib-
ited under Department of Defense Instruction
429 
1325.06 and a description of the circumstances that 
led to such discharges; and 
(3) of the actions enumerated under paragraph 
(1), the number of instances in which information on 
the conduct of a member of the covered Armed 
Forces was referred to civilian law enforcement 
agencies as a result of the investigation or action. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on the Judiciary and 
the Committee on Armed Services of the Sen-
ate; and 
(B) the Committee on the Judiciary and 
the Committee on Armed Services of the House 
of Representatives. 
(2) The term ‘‘covered Armed Forces’’ means 
the Army, the Navy, the Air Force, and the Marine 
Corps. 
SEC. 538. MILITARY-CIVILIAN TASK FORCE ON DOMESTIC 
VIOLENCE AND RELATED INFORMATION COL-
LECTION ACTIVITIES. 
(a) MILITARY-CIVILIAN TASK FORCE ON DOMESTIC 
VIOLENCE.—
430 
(1) ESTABLISHMENT.—The Secretary of De-
fense shall establish a military-civilian task force on 
domestic violence (in this section, referred to as the 
‘‘Task Force’’). 
(2) DUTIES.—The duties of the Task Force 
shall be to analyze and develop recommendations, 
for implementation by the Secretary, with respect to 
each of the following: 
(A) The risk of domestic violence at var-
ious stages of military service, including identi-
fication of— 
(i) stages at which there is a higher 
than average risk of domestic violence; and 
(ii) stages at which the implementa-
tion of domestic violence prevention strate-
gies may have the greatest preventive ef-
fect. 
(B) The use and dissemination of domestic 
violence prevention resources throughout the 
stages of military service including providing 
new service members with training in domestic 
violence prevention. 
(C) How to best target prevention re-
sources to address those with a higher risk of 
domestic violence.
431 
(D) The implementation of strategies to 
prevent domestic violence by training, edu-
cating, and assigning prevention-related respon-
sibilities to— 
(i) commanders; 
(ii) medical, behavioral, and mental 
health service providers; 
(iii) family advocacy representatives; 
(iv) Military Family Life Consultants; 
and 
(v) other individuals and entities with 
responsibilities that may be relevant to ad-
dressing domestic violence. 
(E) The efficacy of providing survivors of 
domestic violence with the option to request ex-
pedited transfers, and the effects of such trans-
fers. 
(F) Improvements to procedures for re-
porting appropriate legal actions to the Na-
tional Crime Information Center and the effi-
cacy of such procedures. 
(G) The effects of domestic violence on— 
(i) housing for military families; 
(ii) the education of military depend-
ent children;
432 
(iii) servicemember work assignments 
and careers; and 
(iv) the health of servicemembers and 
their families, including short-term and 
long-term health effects and effects on 
mental health. 
(H) Age-appropriate training and edu-
cation programs for students attending schools 
operated by the Department of Defense Edu-
cation Activity that are designed to assist such 
students in learning positive relationship behav-
iors in families and with intimate partners. 
(I) The potential effects of requiring mili-
tary protective orders to be issued by a military 
judge and whether such a requirement would 
increase the enforcement of military protective 
orders by civilian law enforcement agencies out-
side the boundaries of military installations. 
(J) Whether prevention of domestic vio-
lence would be enhanced by raising the disposi-
tion authority for offenses of domestic violence 
to an officer who is— 
(i) in the grade of 0–6 or above; 
(ii) in the chain of command of the 
accused; and
433 
(iii) authorized by chapter 47 of title 
10, United States Code (the Uniform Code 
of Military Justice) to convene special 
courts martial. 
(K) How to improve access to resources for 
survivors of domestic violence throughout the 
stages of military service. 
(L) Consideration of any other matters 
that the Task Force determines to be relevant 
to— 
(i) decreasing the frequency of domes-
tic violence committed by or upon members 
of the covered Armed Forces and their de-
pendents; and 
(ii) reducing the severity of such vio-
lence. 
(3) MEMBERSHIP.—The Task Force shall be 
composed of the following members: 
(A) One or more representatives of family 
advocacy programs of the Department of De-
fense. 
(B) One or more representatives of the De-
fense Advisory Committee on Women in the 
Services.
434 
(C) One or more medical personnel of the 
Department of Defense. 
(D) One or more Judge Advocates Gen-
eral. 
(E) One or more military police or other 
law enforcement personnel of the covered 
Armed Forces. 
(F) One or more military commanders. 
(G) One or more individuals whose duties 
include planning, executing, and evaluating 
training of the covered Armed Forces. 
(H) Civilians who are experts on domestic 
violence or who provide services relating to do-
mestic violence, including— 
(i) not fewer than two representatives 
from the national domestic violence re-
source center and the special issue re-
source centers referred to in section 310 of 
the Family Violence Prevention and Serv-
ices Act (42 U.S.C. 10410); 
(ii) not fewer than two representatives 
from national domestic violence organiza-
tions;
435 
(iii) not fewer than two representa-
tives from State domestic violence and sex-
ual assault coalitions; and 
(iv) not fewer than two domestic vio-
lence service providers who provide services 
in communities located near military in-
stallations. 
(I) One or more representatives who are 
subject matter experts on— 
(i) scientific and other research relat-
ing to domestic violence; and 
(ii) science-based strategies for the 
prevention, intervention, and response to 
domestic violence. 
(J) Civilian law enforcement personnel. 
(K) One or more representatives from the 
Office on Violence Against Women of the De-
partment of Justice. 
(L) One or more representatives of the 
Family Violence Prevention and Services Pro-
gram of the Department of Health and Human 
Services. 
(M) One or more representatives from the 
Centers for Disease Control and Prevention.
436 
(4) APPOINTMENT
BY
SECRETARY
OF
DE-
FENSE.— 
(A) IN GENERAL.—The Secretary of De-
fense shall appoint the members of the Task 
Force specified in subparagraphs (A) through 
(M) of paragraph (3). 
(B) CONSULTATION.— 
(i) CONSULTATION
WITH
ATTORNEY 
GENERAL.—In appointing members under 
subparagraph (K) of paragraph 3, the Sec-
retary of Defense shall consult with the At-
torney General. 
(ii) CONSULTATION WITH SECRETARY 
OF
HHS.—In appointing members under 
subparagraphs (L) and (M) of such para-
graph, the Secretary shall consult with the 
Secretary of Health and Human Services. 
(C) 
INCLUSION
OF
CERTAIN
PER-
SONNEL.—The Secretary shall ensure that the 
members appointed by the Secretary under this 
subparagraph include— 
(i) representatives of the Office of the 
Secretary of Defense; 
(ii) general and flag officers; 
(iii) noncommissioned officers; and
437 
(iv) other enlisted personnel of the 
covered Armed Forces. 
(5) TOTAL NUMBER OF MEMBERS.—The total 
number of members appointed to the Task Force 
shall be not more than 25. 
(6) CHAIRPERSON.— 
(A) NOMINEE LIST.—On an annual basis, 
the Task Force shall submit to the Secretary a 
list of members of the Task Force who may be 
considered for the position of chairperson of the 
Task Force. 
(B) SELECTION.—From the list submitted 
to the Secretary under subparagraph (A) for 
each year, the Secretary of Defense shall des-
ignate one member of the Task Force to serve 
as the chairperson of the Task Force. 
(C) TERM.—The chairperson designated 
by the Secretary under subparagraph (B) shall 
serve for a term of 1 year and may serve for 
additional terms of 1 year if redesignated as the 
chairperson by the Secretary under such sub-
paragraph. 
(7) MEETINGS.—The first meeting of the Task 
Force shall convene not later than 180 days after 
the date of the enactment of this Act. Thereafter,
438 
the task Force shall meet in plenary session not less 
frequently than once annually. 
(8) COMPENSATION AND TRAVEL EXPENSES.— 
Each member of the Task Force shall serve without 
compensation (other than the compensation to which 
such member may be entitled as a member of the 
covered Armed Forces or an officer or employee of 
the United States, as the case may be), but shall be 
allowed travel expenses, including per diem in lieu of 
subsistence, at rates authorized for employees of 
agencies under subchapter I of chapter 57 of title 5, 
United States Code, while away from the member’s 
home or regular places of business in the perform-
ance of services for the Task Force. 
(9) SITE VISITS.—In the carrying out the du-
ties described in paragraph (2), members of the 
Task Force shall— 
(A) on an annual basis, visit one or more 
military installations outside the United States; 
and 
(B) on a semiannual basis, visit one or 
more military installations within the United 
States. 
(10) OVERSIGHT AND ADMINISTRATION.—The 
Secretary of Defense shall designate an appropriate
439 
organization within the Office of the Secretary of 
Defense to— 
(A) provide oversight of the Task Force; 
(B) provide the Task Force with the per-
sonnel, facilities, and other administrative sup-
port that is necessary for the performance of 
the Task Force’s duties; and 
(C) on a rotating basis, direct the Sec-
retary of each military department to— 
(i) coordinate visits of the Task Force 
to military installations; and 
(ii) provide administrative, logistical, 
and other support for the meetings of the 
Task Force. 
(11) REPORTS.— 
(A) REPORTS TO SECRETARY.— 
(i) INITIAL REPORT.—Not later than 
1 year after the date on which the mem-
bers of the Task Force are appointed 
under paragraph (3), the Task Force shall 
submit to the Secretary of Defense rec-
ommendations with respect to each matter 
described in paragraph (2). 
(ii) SUBSEQUENT
REPORTS.—After 
submitting the initial report under sub-
440 
paragraph (A), the Task Force shall, from 
time to time, submit to the Secretary of 
Defense such analyses and recommenda-
tions as the Task Force considers appro-
priate to improve the effectiveness of the 
covered Armed Forces in responding to 
and preventing domestic violence. 
(B) REPORTS TO CONGRESS.—On an an-
nual basis until the date on which the Task 
Force terminates under paragraph (12), the 
Task Force shall submit to Congress a report 
that includes— 
(i) a description of any improvements 
in the response of the covered Armed 
Forces to domestic violence over the pre-
ceding year; 
(ii) an explanation of any pending re-
search on domestic violence that may be 
relevant to domestic violence involving 
members of the covered Armed Forces; 
and 
(iii) such analyses and recommenda-
tions as the Task Force considers appro-
priate to improve the effectiveness of the
441 
covered Armed Forces in responding to 
and preventing domestic violence. 
(12) TERMINATION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Task Force shall termi-
nate on the date that is 5 years after the date 
of the first meeting of the Task Force. 
(B) CONTINUATION.— 
(i) IN
GENERAL.—Subject to clause 
(ii), the Secretary of Defense may continue 
the Task Force for a period of up to 2 
years after the termination date applicable 
under subparagraph (A) if the Secretary 
determines that continuation of the Task 
Force is advisable and appropriate. 
(ii) NOTICE
TO
CONGRESS.—If the 
Secretary determines to continue the Task 
Force under clause (i), not later than 90 
days before the termination date applicable 
under subparagraph (A) and annually 
thereafter until the new date of the termi-
nation of the Task Force, the Secretary 
shall submit to the Committees on Armed 
Services of the Senate and the House of 
Representatives a notice describing the
442 
reasons for the continuation and con-
firming the new termination date. 
(13) 
IMPLEMENTATION
OF
RECOMMENDA-
TIONS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), not later than 180 days 
after the date on which the Secretary of De-
fense receives the initial report of the Task 
Force under paragraph (11)(A)(i), the Sec-
retary shall, in consultation with the Task 
Force, implement the recommendations of the 
Task Force with respect to each matter de-
scribed in paragraph (2). 
(B) WAIVER.—The Secretary of Defense 
may waive the requirement under subparagraph 
(A) with respect to a recommendation of the 
Task force by submitting to the Committees on 
Armed Services of the Senate and the House of 
Representatives a written notification setting 
forth the reasons for the Secretary’s decision 
not to implement the recommendation. 
(b) INFORMATION COLLECTION AND REPORTING.— 
(1) INFORMATION COLLECTION.— 
(A) 
REGULAR
INFORMATION
COLLEC-
TION.—Using the mechanism developed under
443 
subparagraph (B), the Secretary of Defense 
shall regularly collect information to measure 
the prevalence of domestic violence involving 
members of the covered Armed Forces, their in-
timate partners, and immediate family mem-
bers. 
(B) MECHANISM TO MEASURE DOMESTIC 
VIOLENCE.—The Secretary of Defense, in co-
ordination with the Centers for Disease Control 
and civilian organizations with expertise in con-
ducting informational surveys, shall develop a 
mechanism to carry out the information collec-
tion required under subparagraph (A). 
(2) ANNUAL
REPORT
ON
DOMESTIC
VIO-
LENCE.— 
(A) REPORT
REQUIRED.—On an annual 
basis, the Secretary of Defense shall submit to 
the congressional defense committees a report 
on domestic violence in the covered Armed 
Forces. 
(B) 
ELEMENTS.—The 
report 
required 
under subparagraph (A) shall include, with re-
spect to the year covered by the report, the fol-
lowing:
444 
(i) Based on the information collected 
under paragraph (1), an assessment of the 
prevalence of domestic violence involving 
members of the covered Armed Forces, 
their intimate partners, and immediate 
family members. 
(ii) The number of convictions under 
section 928b of title 10, United States 
Code (article 128b of the Uniform Code of 
Military Justice). 
(iii) The recidivism rate for members 
of the covered Armed Forces convicted of 
domestic violence offenses. 
(iv) The number instances in which a 
member of the covered Armed Forces re-
ceived an administrative discharge as a re-
sult of the member’s involvement in a do-
mestic violence incident. 
(v) The number of instances in which 
a member of the covered Armed Forces 
was prohibited from possessing firearms as 
a result of the member’s conviction for a 
domestic violence offense. 
(vi) Of the incidents described in 
clause (v), the number of instances in
445 
which the member received a waiver of 
such prohibition or was otherwise allowed 
to access firearms for duty purposes. 
(vii) An explanation of the status of 
data sharing between the Department of 
Defense and civilian law enforcement agen-
cies on matters relating to domestic vio-
lence. 
(c) COVERED ARMED FORCES DEFINED.—In this 
section, the term ‘‘covered Armed Forces’’ means the 
Army, the Navy, the Air Force, and the Marine Corps. 
SEC. 539. ACTIONS TO ADDRESS MILITARY-CONNECTED 
CHILD ABUSE. 
(a) IN GENERAL.—Consistent with the recommenda-
tions of the Government Accountability Office in the re-
port titled ‘‘Increased Guidance and Collaboration Needed 
to Improve DOD’s Tracking and Response to Child 
Abuse’’ (GAO–20–110), the Secretary of Defense shall 
carry out activities to improve the ability of the Depart-
ment of Defense to effectively prevent, track, and respond 
to military-connected child abuse. 
(b) ACTIVITIES REQUIRED.—The activities carried 
out under subsection (a) shall include the following: 
(1) The Secretary of Defense shall expand the 
scope of the Department of Defense’s centralized
446 
database on problematic sexual behavior in children 
and youth to track information on all incidents in-
volving child abuse reported to a Family Advocacy 
Program or investigated by a military law enforce-
ment organization, regardless of whether the perpe-
trator of the abuse is another child, an adult, or a 
person in a noncaregiving role at the time of the in-
cident. 
(2) The Secretary of Defense, in consultation 
with the Secretary of each military department, shall 
ensure— 
(A) that each Family Advocacy Program 
records, in a database of the Program, the date 
on which the Program notified a military law 
enforcement organization of a reported incident 
of child abuse; and 
(B) that each military law enforcement or-
ganization records, in a database of the organi-
zation, the date on which the organization noti-
fied a Family Advocacy Program of a reported 
incident of child abuse. 
(3) The Secretary of Defense, in consultation 
with the Secretary of each military department, shall 
issue guidance that clarifies the process through 
which the Family Advocacy Program of a covered
447 
Armed Force will receive, and incorporate into the 
Program’s central registry, information regarding 
child abuse allegations involving members of that a 
covered Armed Force and dependents of such mem-
bers in cases in which such allegations were pre-
viously recorded by the Family Advocacy Program of 
another covered Armed Force. Such guidance shall 
include a mechanism for monitoring the process to 
ensure that the process is carried out consistently. 
(4) Each covered Armed Force shall develop a 
process to monitor how reported incidents of child 
abuse are screened at military installations to help 
ensure that all reported child abuse incidents that 
should be presented to an Incident Determination 
Committee are consistently presented and tracked. 
(5) The Secretary of Defense shall ensure that 
the Under Secretary of Defense for Personnel and 
Readiness, in consultation with the Director of the 
Department of Defense Education Activity, clarifies 
Department of Defense Education Activity guidance 
to define what types of child abuse incidents must 
be reported as serious incidents to help ensure that 
all serious incidents of which Department of Defense 
Education Activity leadership needs to be informed
448 
are accurately and consistently reported by school 
administrators. 
(6) The Secretary of Defense, in consultation 
with the Secretaries of the military departments, 
shall— 
(A) expand the voting membership of each 
Incident Determination Committee to include 
medical personnel with requisite knowledge and 
experience; and 
(B) ensure, to the extent practicable, that 
voting membership of a Committee includes 
medical personnel with expertise in pediatric 
medicine in cases in which a reported incident 
of child abuse is under review by the Com-
mittee. 
(7) Each covered Armed Force shall implement 
procedures to provide the families of child abuse vic-
tims with comprehensive information on how re-
ported incidents of child abuse will be addressed. 
Such practices may include the development of a 
guide that— 
(A) explains the processes the Family Ad-
vocacy Program and military law enforcement 
organizations will follow to address the report; 
and
449 
(B) identifies services and other resources 
available to victims and their families. 
(8) The Secretary of Defense, in consultation 
with the Secretaries of the military departments, 
shall issue guidance to clarify the circumstances 
under which military commanders may exercise the 
authority to remove a child from a potentially unsafe 
home on a military installation outside the United 
States. 
(9) The Secretary of Defense shall ensure that 
the Under Secretary of Defense for Personnel and 
Readiness, in consultation with the Director of the 
Defense Health Agency, establishes processes that 
help ensure children who are sexually abused outside 
the United States have timely access to a certified 
pediatric sexual assault forensic examiner to conduct 
an examination. Such processes may include certi-
fying pediatricians, or adult sexual assault forensic 
examiners who have pediatric sexual assault nurse 
examiner training in a multidisciplinary team set-
ting, as pediatric examiners during mandatory train-
ing or establishing shared regional assets. 
(10) The Secretary of Defense, in consultation 
with the Deputy Attorney General, shall establish 
procedures for military criminal investigative organi-
450 
zations to communicate with United States Attor-
neys, State Attorneys General, and local prosecutors 
for relevant cases involving child victims, including 
establishing protocols that— 
(A) ensure that military investigators are 
notified when a prosecution is declined; 
(B) provide notice to victims of the status 
of prosecutions and, as applicable, the reasons 
for the declination to prosecute; 
(C) arrange for specialized victim services 
outside of the Department of Defense to be pro-
vided to juvenile victims to the extent possible; 
(D) facilitate legal assistance or other civil 
legal aid services to juvenile victims; and 
(E) ensure that juveniles accused of crimes 
are, to the extent possible, provided defense 
counsel who are trained in representing juve-
niles. 
(11) The Secretary of each military department 
shall seek to develop a memorandum of under-
standing with the National Children’s Alliance that 
makes children’s advocacy center services and proto-
cols available to all military installations of the de-
partment and increases awareness of those services 
across the department.
451 
(c) DEADLINE.—The Secretary of Defense shall 
carry out the activities described in subsection (b) not 
later than 1 year after the date of the enactment of this 
Act. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘child abuse’’ means any abuse of 
a child (including physical abuse, sexual abuse, emo-
tional abuse, and neglect) regardless of whether the 
perpetrator of the abuse is another child, an adult, 
or a person in a noncaregiving role. 
(2) The term ‘‘covered Armed Forces’’ means 
the Army, Navy, Air Force, Marine Corps, and 
Space Force. 
(3) The term ‘‘Incident Determination Com-
mittee’’ means a committee established at a military 
installation that is responsible for reviewing reported 
incidents of child abuse and determining whether 
such incidents constitute child abuse according to 
the applicable criteria of the Department of Defense. 
(4) The term ‘‘military-connected’’, when used 
with respect to child abuse, means child abuse occur-
ring on a military installation or involving a depend-
ent of a member of the covered Armed Forces.
452 
SEC. 540. MULTIDISCIPLINARY BOARD TO EVALUATE SUI-
CIDE EVENTS. 
(a) GUIDANCE REQUIRED.—The Secretary of De-
fense shall issue guidance that requires each suicide event 
involving of a member of a covered Armed Force to be 
reviewed by a multidisciplinary board established at the 
command or installation level. Such guidance shall require 
that, for each suicide event reviewed by such a board, the 
board will— 
(1) clearly define the objective, purpose, and 
outcome of the review; 
(2) take a multidisciplinary appraoch to the re-
view and include, as part of the review process, lead-
ers of military units, medical and mental health pro-
fessionals, and representatives of military criminal 
investigative organizations; 
(3) obtain the data necessary to make a com-
prehensive Department of Defense suicide event re-
port submission; and 
(4) take appropriate steps to protect and share 
information obtained from ongoing investigations 
into the event (such as medical and law enforcement 
reports). 
(b) 
IMPLEMENTATION
BY
COVERED
ARMED 
FORCES.—Not later than 90 days after the date on which
453 
the guidance is issued under subsection (a), the chiefs of 
the covered Armed Forces shall implement the guidance. 
(c) PROGRESS REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense com-
mittees a report on the progress of the Secretary in imple-
menting the guidance required under subsection (a). 
(d) COVERED ARMED FORCES DEFINED.—In this 
section, the term ‘‘covered Armed Forces’’ means the 
Army, Navy, Air Force, Marine Corps, and Space Force. 
SEC. 
540A. 
TO 
RESOLVE 
CONTROVERSIES 
UNDER 
SERVICEMEMBERS CIVIL RELIEF ACT. 
(a) 
IN
GENERAL.—Section 
102 
of 
the 
Servicemembers Civil Relief Act (50 U.S.C. 3912) is 
amended by adding at the end the following new sub-
section: 
‘‘(d) WRITTEN CONSENT REQUIRED FOR ARBITRA-
TION.—Notwithstanding any other provision of law, when-
ever a contract with a servicemember, or a servicemember 
and the servicemember’s spouse jointly, provides for the 
use of arbitration to resolve a controversy subject to a pro-
vision of this Act and arising out of or relating to such 
contract, arbitration may be used to settle such con-
troversy only if, after such controversy arises, all parties
454 
to such controversy consent in writing to use arbitration 
to settle such controversy.’’. 
(b) APPLICABILITY.—Subsection (d) of such section, 
as added by subsection (a), shall apply with respect to con-
tracts entered into, amended, altered, modified, renewed, 
or extended after the date of the enactment of this Act. 
SEC. 540B. LIMITATION ON WAIVER OF RIGHTS AND PRO-
TECTIONS UNDER SERVICEMEMBERS CIVIL 
RELIEF ACT. 
(a) 
IN
GENERAL.—Section 
107(a) 
of 
the 
Servicemembers Civil Relief Act (50 U.S.C. 3918(a)) is 
amended— 
(1) in the second sentence, by inserting ‘‘and if 
it is made after a specific dispute has arisen and the 
dispute is identified in the waiver’’ after ‘‘to which 
it applies’’; and 
(2) in the third sentence, by inserting ‘‘and if 
it is made after a specific dispute has arisen and the 
dispute is identified in the waiver’’ after ‘‘period of 
military service’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply with respect to waivers made on 
or after the date of the enactment of this Act.
455 
SEC. 540C. CLARIFICATION OF PRIVATE RIGHT OF ACTION 
UNDER 
SERVICEMEMBERS 
CIVIL 
RELIEF 
ACT. 
Section 802(a) of the Servicemembers Civil Relief Act 
(50 U.S.C. 4042(a)) is amended— 
(1) in the matter preceding paragraph (1), by 
inserting ‘‘, notwithstanding any previous agreement 
to the contrary,’’ after ‘‘may’’; and 
(2) in paragraph (3), by striking ‘‘, notwith-
standing any previous agreement to the contrary’’. 
SEC. 540D. REQUIREMENT OF CERTAIN CERTIFICATION BE-
FORE DEPORTATION OF A SPOUSE OF A MEM-
BER OF THE ARMED FORCES. 
(a) IN GENERAL.—A spouse of a member of the 
Armed Forces may not be removed from the United States 
until the Secretary concerned certifies to the congressional 
defense committees that— 
(1) the Secretary concerned has determined 
that such removal shall not negatively affect the mo-
rale, welfare, or well-being of that member; 
(2) the Secretary concerned has reviewed all in-
formation, including extenuating circumstances, re-
lating to such removal; and 
(3) the Secretary concerned has assisted the 
member and spouse to the greatest extent prac-
ticable.
456 
(b) SECRETARY CONCERNED DEFINED.—In this sec-
tion, the term ‘‘Secretary concerned’’ has the meaning 
given that term in section 101 of title 10, United States 
Code. 
SEC. 540E. CLARIFICATION OF TERMINATION OF LEASES 
OF PREMISES AND MOTOR VEHICLES OF 
SERVICEMEMBERS 
WHO 
INCUR 
CATA-
STROPHIC 
INJURY 
OR 
ILLNESS 
OR 
DIE 
WHILE IN MILITARY SERVICE. 
(a) CATASTROPHIC INJURIES
AND ILLNESSES.— 
Paragraph (4) of section 305(a) of the Servicemembers 
Civil Relief Act (50 U.S.C. 3955(a)), as added by section 
545 of the National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116–92), is amended to read as 
follows: 
‘‘(4) CATASTROPHIC
INJURY
OR
ILLNESS
OF 
LESSEE.— 
‘‘(A) TERMINATION.—If the lessee on a 
lease described in subsection (b) incurs a cata-
strophic injury or illness during a period of 
military service or while performing covered 
service, during the one-year period beginning on 
the date on which the lessee incurs such injury 
or illness—
457 
‘‘(i) the lessee may terminate the 
lease; or 
‘‘(ii) in the case of a lessee who lacks 
the mental capacity to contract or to man-
age his or her own affairs (including dis-
bursement of funds without limitation) due 
to such injury or illness, the spouse or de-
pendent of the lessee may terminate the 
lease. 
‘‘(B) DEFINITIONS.—In this paragraph: 
‘‘(i) The term ‘catastrophic injury or 
illness’ has the meaning given that term in 
section 439(g) of title 37, United States 
Code. 
‘‘(ii) The term ‘covered service’ means 
full-time National Guard duty, active 
Guard and Reserve duty, or inactive-duty 
training (as such terms are defined in sec-
tion 101(d) of title 10, United States 
Code).’’. 
(b) DEATHS.—Paragraph (3) of such section is 
amended by striking ‘‘The spouse of the lessee’’ and in-
serting ‘‘The spouse or dependent of the lessee’’.
458 
SEC. 540F. AVAILABILITY OF RECORDS FOR NATIONAL IN-
STANT CRIMINAL BACKGROUND CHECK SYS-
TEM. 
Section 101(b) of the NICS Improvement Amend-
ments Act of 2007 (34 U.S.C. 40911(b)) is amended— 
(1) by redesignating paragraph (2) as para-
graph (3); and 
(2) by inserting after paragraph (1), the fol-
lowing new paragraph (2): 
‘‘(2) DEPARTMENT
OF
DEFENSE.—Not later 
than 3 business days after the final disposition of a 
judicial proceeding conducted within the Department 
of Defense, the Secretary of Defense shall make 
available to the Attorney General records which are 
relevant to a determination of whether a member of 
the Armed Forces involved in such proceeding is dis-
qualified from possessing or receiving a firearm 
under subsection (g) or (n) of section 922 of title 
18, United States Code, for use in background 
checks performed by the National Instant Criminal 
Background Check System.’’. 
SEC. 540G. PROHIBITION ON CERTAIN COMMUNICATIONS 
REGARDING COURTS-MARTIAL. 
Section 825 of title 10, United States Code (article 
25 of the Uniform Code of Military Justice) is amended 
by adding at the end the following new subsection:
459 
‘‘(g) No individual may provide a briefing concerning 
a potential or pending court-martial to a member of the 
armed forces who may be selected to serve on the court- 
martial.’’. 
SEC. 540H. TERMINATION OF CONTRACTS FOR TELEPHONE, 
MULTICHANNEL VIDEO PROGRAMMING, OR 
INTERNET ACCESS SERVICE BY CERTAIN IN-
DIVIDUALS UNDER SERVICEMEMBERS CIVIL 
RELIEF ACT. 
Section 305A(a) of the Servicemembers Civil Relief 
Act (50 U.S.C. 3956(a)) is amended by adding at the end 
the following new paragraph: 
‘‘(4) ADDITIONAL INDIVIDUALS COVERED.—For 
purposes of this section, the following individuals 
shall be treated as a servicemember covered by para-
graph (1): 
‘‘(A) A spouse or dependent of a service-
member who dies while in military service or a 
spouse or dependent of a member of the reserve 
components who dies while performing duty de-
scribed in subparagraph (C). 
‘‘(B) A spouse or dependent of a service-
member who incurs a catastrophic injury or ill-
ness (as that term is defined in section 439(g) 
of title 37, United States Code), if the service-
460 
member incurs the catastrophic injury or illness 
while performing duty described in subpara-
graph (C). 
‘‘(C) A member of the reserve components 
performing military service or performing full- 
time National Guard duty, active Guard and 
Reserve duty, or inactive-duty training (as such 
terms are defined in section 101(d) of title 10, 
United States Code).’’. 
SEC. 540I. REPORT ON DRUG DEMAND REDUCTION PRO-
GRAM MODERNIZATION. 
(a) IN GENERAL.—Not later than 180 days after the 
enactment of this Act, the Secretary of Defense shall de-
liver a report to the Committees on Armed Services of the 
Senate and House of Representatives regarding the effi-
cacy of using point of collection testing (in this section 
referred to as ‘‘POCT’’) devices to modernize the drug de-
mand reduction program (in this section referred to as 
‘‘DDRP’’) random urinalysis testing. 
(b) EVALUATION CRITERIA.—The report shall in-
clude the following: 
(1) The extent to which use of POCT devices 
streamline current urinalysis testing processes and 
communications, while maintaining specimen chain
461 
of custody for use in associated administrative and 
military justice activities if needed. 
(2) An assessment of the effectiveness of the 
POCT devices for DDRP random urinalysis testing 
while ensuring specimen chain of custody. 
(3) A 10-year projection and assessment of the 
cost savings associated with the use of POCT de-
vices in the DDRP random urinalysis testing. 
(4) The methodology for calculating the 10-year 
cost projection. 
(5) An assessment of any other suggested 
changes to modernize the DDRP program. 
(6) A summary of any programmatic or 
logistical barriers to effectively carrying out the use 
of POCT devices in the DDRP testing. 
SEC. 540J. QUALIFICATIONS OF JUDGES AND STANDARD OF 
REVIEW FOR COURTS OF CRIMINAL APPEALS. 
(a) QUALIFICATIONS OF CERTAIN JUDGES.—Section 
866(a) of title 10, United States Code (article 66(a) of 
the Uniform Code of Military Justice), is amended— 
(1) by striking ‘‘Each Judge’’ and inserting: 
‘‘(1) IN GENERAL.—Each Judge’’; and 
(2) by adding at the end the following new 
paragraph:
462 
‘‘(2) ADDITIONAL
QUALIFICATIONS.—In addi-
tion to any other qualifications specified in para-
graph (1), any commissioned officer or civilian as-
signed as an appellate military judge to a Court of 
Criminal Appeals shall have not fewer than 12 years 
of experience in the practice of law before such as-
signment.’’. 
(b) STANDARD OF REVIEW.—Paragraph (1) of sec-
tion 866(d) of title 10, United States Code (article 66(d) 
of the Uniform Code of Military Justice), is amended to 
read as follows: 
‘‘(1) CASES APPEALED BY ACCUSED.— 
‘‘(A) IN GENERAL.—In any case before the 
Court of Criminal Appeals under subsection (b), 
the Court may act only with respect to the find-
ings and sentence as entered into the record 
under section 860c of this title (article 60c). 
The Court may affirm only such findings of 
guilty, and the sentence or such part or amount 
of the sentence, as the Court finds correct in 
law, and in fact in accordance with subpara-
graph (B), and determines, on the basis of the 
entire record, should be approved. 
‘‘(B) FACTUAL SUFFICIENCY REVIEW.—
463 
‘‘(i) In an appeal of a finding of guilty 
or sentence under paragraph (1)(A), 
(1)(B), or (2) of subsection (b), the Court 
may consider whether the finding is correct 
in fact upon request of the accused if the 
accused makes a specific showing of a defi-
ciency in proof. 
‘‘(ii) After an accused has made such 
a showing, the Court may weigh the evi-
dence and determine controverted ques-
tions of fact subject to— 
‘‘(I) appropriate deference to the 
fact that the trial court saw and 
heard the witnesses and other evi-
dence; and 
‘‘(II) appropriate deference to 
findings of fact entered into the 
record by the military judge. 
‘‘(iii) If, as a result of the review con-
ducted under clause (ii), the Court is clear-
ly convinced that the finding of guilty or 
sentence was against the weight of the evi-
dence, the Court may dismiss or set aside 
the finding, or affirm a lesser finding.
464 
‘‘(C) REVIEW BY FULL COURT.—Any de-
termination by the Court that a finding was 
clearly against the weight of the evidence under 
subparagraph (B) shall be reviewed by the 
Court sitting as a whole.’’. 
(c) INCLUSION OF ADDITIONAL INFORMATION IN AN-
NUAL REPORTS.—Section 946a(b)(2) of title 10, United 
States Code (article 146a(b)(2) of the Uniform Code of 
Military Justice), is amended— 
(1) in subparagraph (B), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (C), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(D) An analysis of each case in which a 
Court of Criminal Appeals made a final deter-
mination that a finding of a court-martial was 
clearly against the weight of the evidence, in-
cluding an explanation of the standard of appel-
late review applied in such case.’’.
465 
SEC. 540K. RIGHT TO NOTICE OF VICTIMS OF OFFENSES 
UNDER THE UNIFORM CODE OF MILITARY 
JUSTICE REGARDING CERTAIN POST-TRIAL 
MOTIONS, FILINGS, AND HEARINGS. 
Section 806b(a)(2) of title 10, United States Code 
(article 6b(a)(2)) of the Uniform Code of Military Jus-
tice), is amended— 
(1) by redesignating subparagraphs (D) and 
(E) as subparagraphs (E) and (F), respectively; and 
(2) by inserting after subparagraph (C) the fol-
lowing new subparagraph (D): 
‘‘(D) A post-trial motion, filing, or hearing 
that may address the finding or sentence of a 
court-martial with respect to the accused, 
unseal privileged or private information of the 
victim, or result in the release of the accused.’’. 
Subtitle E—Sexual Assault 
SEC. 541. PROTECTION OF ATTORNEY-CLIENT PRIVILEGE 
BETWEEN VICTIMS AND SPECIAL VICTIMS’ 
COUNSEL. 
(a) SPECIAL VICTIMS’ COUNSEL.—Subsection (c) of 
section 1044e of title 10, United States Code, is amended 
to read as follows: 
‘‘(c) NATURE OF RELATIONSHIP.— 
‘‘(1) ATTORNEY-CLIENT
RELATIONSHIP.—The 
relationship between a Special Victims’ Counsel and
466 
a victim in the provision of legal advice and assist-
ance shall be the relationship between an attorney 
and client. 
‘‘(2) TESTIMONY
IN
LEGAL
PROCEEDINGS.— 
During any criminal legal proceeding in which a 
Special Victims’ Counsel is asked to testify or give 
evidence, the Special Victims’ Counsel shall be given 
the same consideration as counsel for the Govern-
ment and counsel for the accused.’’. 
(b) REVISION TO MILITARY RULES OF EVIDENCE.— 
Not later than 180 days after the date of the enactment 
of this Act, Rule 502 of the Military Rules of Evidence 
shall be modified to provide that the privilege between a 
Special Victims’ Counsel and a client shall be the same 
as lawyer-client privilege. 
SEC. 542. AUTHORITY OF MILITARY JUDGES AND MILITARY 
MAGISTRATES TO ISSUE MILITARY COURT 
PROTECTIVE ORDERS. 
(a) JUDGE-ISSUED MILITARY COURT PROTECTIVE 
ORDERS.—Chapter 80 of title 10, United Stated Code, is 
amended by adding at the end the following new section:
467 
‘‘§ 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-
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, should be accorded full faith 
and credit by the court of a State, local, territorial, 
or tribal jurisdiction (the enforcing jurisdiction) and
468 
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— 
‘‘(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 may be issued for the purpose of 
protecting a victim of an alleged sex or domestic violence 
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 com-
mitted such an offense. 
‘‘(d) 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—
469 
‘‘(A) a victim of an alleged sex or domestic 
violence offense; or 
‘‘(B) a Special Victims’ Counsel or other 
qualified counsel acting on behalf of the victim; 
or 
‘‘(2) by a military judge, after referral of 
charges and specifications to court-martial for trial, 
at the 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. 
‘‘(e) DURATION
AND RENEWAL
OF PROTECTIVE 
ORDER.— 
‘‘(1) DURATION.—A military court protective 
order shall be issued for an initial period of thirty 
days and may be reissued for one or more additional 
periods of 30 days in accordance with paragraph (2). 
‘‘(2) EXPIRATION AND RENEWAL.—Before the 
expiration of any 30-day period during which a mili-
tary court protective order is in effect, a military 
judge or military magistrate shall review the order 
to determine whether the order will terminate at the 
expiration of such period or be reissued for an addi-
tional period of 30 days.
470 
‘‘(3) NOTICE TO PROTECTED PERSONS.—If a 
military judge or military magistrate determines 
under paragraph (2) that a military court protective 
order will terminate, the judge or magistrate con-
cerned shall provide to each person protected by the 
order reasonable, timely, and accurate notification of 
the termination. 
‘‘(f) REVIEW OF MAGISTRATE-ISSUED ORDERS.— 
‘‘(1) REVIEW.—A military judge, at the request 
of the person subject to a military court protective 
order that was issued by a military magistrate, may 
review the order to determine if the order was prop-
erly issued by the magistrate. 
‘‘(2) STANDARDS
OF
REVIEW.—A military 
judge who reviews an order under paragraph (1) 
shall 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. 
‘‘(g) DUE PROCESS.—
471 
‘‘(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, 
directly or through counsel, is given to the person 
against whom the order is sought sufficient to pro-
tect 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 must be provided 
within a reasonable time after the order is issued, 
sufficient to protect the respondent’s due process 
rights. 
‘‘(h) RIGHTS OF VICTIM.—The victim of an alleged 
sex or domestic violence offense who seeks a military court 
protective order has, in addition to any rights provided 
under section 806b (article 6b), the following rights with 
respect to any proceeding involving the protective order: 
‘‘(1) The right to reasonable, accurate, and 
timely notice of the proceeding and of any change in 
the status of the protective order resulting from the 
proceeding.
472 
‘‘(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. 
‘‘(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. 
‘‘(i) RESTRICTIONS ON ACCESS TO FIREARMS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law— 
‘‘(A) a military court protective order 
issued on an ex parte basis shall restrain a per-
son from possessing, receiving, or otherwise ac-
cessing a firearm; and 
‘‘(B) a military court protective order 
issued after the person to be subject to the 
order has received notice and opportunity to be
473 
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
ATTORNEY
GENERAL.—Not 
later than 72 hours after the issuance of an order 
described in paragraph (1), the Secretary of Defense 
shall submit to the Attorney General a record of the 
order. 
‘‘(j) TREATMENT AS LAWFUL ORDER.—A military 
court protective order shall be treated as a lawful order 
for purposes of the application of section 892 (article 92) 
and a violation of such an order shall be punishable under 
such section (article). 
‘‘(k) 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. 
‘‘(2) NOTICE TO CIVILIAN LAW ENFORCEMENT 
OF ISSUANCE.—Any military court protective order 
against a member shall be treated as a military pro-
tective order for purposes of section 1567a including 
for purposes of mandatory notification of issuance to 
civilian law enforcement as required by that section.
474 
‘‘(l) 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). 
‘‘(m) DELIVERY TO CERTAIN PERSONS.—A physical 
and electronic copy of any military court protective order 
shall be provided, as soon as practicable after issuance, 
to the following: 
‘‘(1) The person or persons protected by the 
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
475 
order as the President shall prescribe for purposes 
of this section. 
‘‘(n) 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
SEX
OR
DOMESTIC
VIOLENCE 
OFFENSE.—The term ‘covered sex or domestic vio-
lence offense’ means— 
‘‘(A) an alleged sex-related offense (as de-
fined in section 1044e(h)); or 
‘‘(B) an alleged offense of domestic vio-
lence under section 928b of this title (article 
128b of the Uniform Code of Military Justice) 
or an attempt to commit such an offense that 
is punishable under section 880 of this title (ar-
ticle 80 of the Uniform Code of Military Jus-
tice). 
‘‘(4) MILITARY
JUDGE
AND
MILITARY
MAG-
ISTRATE.—The terms ‘military judge’ and ‘military 
magistrate’ mean a commissioned officer of the
476 
armed forces who is a member of the bar of a Fed-
eral court or a member of the bar of the highest 
court of a State and who is certified to be qualified, 
by reason of education, training, experience, and ju-
dicial temperament, for duty as a military judge or 
magistrate by the Judge Advocate General of the 
armed force of which the officer is a member. 
‘‘(5) PROTECTIVE ORDER.—The term ‘protec-
tive order’ means an order that— 
‘‘(A) restrains a person from harassing, 
stalking, threatening, or otherwise contacting or 
communicating with a victim of an alleged sex 
or domestic violence offense, or a family mem-
ber or associate of the victim, or engaging in 
other conduct that would place such other per-
son in reasonable fear of bodily injury to any 
such other person; 
‘‘(B) by its terms, explicitly prohibits— 
‘‘(i) the use, attempted use, or threat-
ened use of physical force by the person 
against a victim of an alleged sex or do-
mestic violence offense, or a family mem-
ber or associate of the victim, that would 
reasonably be expected to cause bodily in-
jury;
477 
‘‘(ii) the initiation by the person re-
strained of any contact or communication 
with such other person; or 
‘‘(iii) actions described by both clauses 
(i) and (ii). 
‘‘(6) SPECIAL
VICTIMS’ COUNSEL.—The term 
‘Special Victims Counsel’ means a Special Victims’ 
Counsel described in section 1044e and includes a 
Victims’ Legal Counsel of the Navy.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘1567b. Authority of military judges and military magistrates to issue military 
court protective orders.’’. 
(c) IMPLEMENTATION.—The President shall pre-
scribe regulations implementing section 1567b of title 10, 
United States Code, not later than 1 year after the date 
of the enactment of this Act. 
SEC. 543. ADDITIONAL BASES FOR PROVISION OF ADVICE 
BY THE DEFENSE ADVISORY COMMITTEE 
FOR THE PREVENTION OF SEXUAL MIS-
CONDUCT. 
Section 550B(c)(2) of the National Defense Author-
ization Act for Fiscal Year 2020 (Public Law 116–92) is 
amended—
479 
(i) by striking ‘‘assaults’’ and insert-
ing ‘‘offenses’’; and 
(ii) by striking ‘‘an accusation’’ and 
inserting ‘‘suspicion of’’; 
(2) by redesignating subsection (b) as sub-
section (c); 
(3) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(b) GUIDANCE REQUIRED.—The Secretary of De-
fense shall issue guidance to ensure the uniformity of the 
data collected by each Armed Force for purposes of sub-
section (a). At a minimum, such guidance shall estab-
lish— 
‘‘(1) standardized methods for the collection of 
the data required to be reported under such sub-
section; and 
‘‘(2) standardized definitions for the terms ‘sex-
ual offense’, ‘collateral miconduct’, and ‘adverse ac-
tion’.’’; and 
(4) by amending subsection (c), as so redesig-
nated, to read as follows: 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered individual’ means an in-
dividual who is identified in the case files of a mili-
tary criminal investigative organization as a victim
480 
of a sexual offense that occurred while that indi-
vidual was serving on active duty as a member of 
the Armed Forces. 
‘‘(2) The term ‘suspected of’, when used with 
respect to a covered individual suspected of collateral 
misconduct or crimes as described in subsection (a), 
means that an investigation by a military criminal 
investigative organization reveals facts and cir-
cumstances that would lead a reasonable person to 
believe that the individual committed an offense 
under chapter 47 of title 10, United States Code 
(the Uniform Code of Military Justice).’’. 
SEC. 545. MODIFICATION OF ANNUAL REPORT REGARDING 
SEXUAL ASSAULTS INVOLVING MEMBERS OF 
THE ARMED FORCES. 
(a) SUBMISSION TO CONGRESS.—Section 1631(d) of 
the Ike Skelton National Defense Authorization Act for 
Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 
note) is amended by inserting ‘‘and the Committees on 
Veterans’ Affairs of the Senate and the House of Rep-
resentatives’’ after ‘‘House of Representatives’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall take effect on the date of the enactment 
of this Act and shall apply to reports required to be sub-
mitted under section 1631 of the Ike Skelton National De-
481 
fense Authorization Act for Fiscal Year 2011 (Public Law 
111–383; 10 U.S.C. 1561 note) on or after such date. 
SEC. 546. COORDINATION OF SUPPORT FOR SURVIVORS OF 
SEXUAL TRAUMA. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, the Secretaries of De-
fense and Veterans Affairs shall jointly develop, imple-
ment, and maintain a standard of coordinated care for 
members of the Armed Forces who are survivors of sexual 
trauma. Such standard shall include the following: 
(b) MINIMUM ELEMENTS.—The standard developed 
and implemented under subsection (a) by the Secretaries 
of Defense and Veterans Affairs shall include the fol-
lowing: 
(1) INFORMATION
FOR
MEMBERS
OF
THE 
ARMED FORCES.—The Secretary of Defense shall en-
sure that— 
(A) Sexual Assault Response Coordinators 
and Uniformed Victim Advocates receive annual 
training on resources of the Department of Vet-
erans Affairs regarding sexual trauma; 
(B) information regarding services fur-
nished by the Secretary of Veterans Affairs to 
survivors of sexual trauma is provided to each 
such survivor; and
482 
(C) information described in subparagraph 
(B) is posted in the following areas in each fa-
cility of the Department of Defense: 
(i) An office of the Family Advocacy 
Program. 
(ii) An office of a mental health care 
provider. 
(iii) Each area in which sexual assault 
prevention staff normally post notices or 
information. 
(iv) High-traffic areas (including din-
ing facilities). 
(2) COORDINATION BETWEEN STAFF OF THE 
DEPARTMENTS.—The Secretaries shall ensure that a 
Sexual Assault Response Coordinator or Uniformed 
Victim Advocate of the Department of Defense who 
receives a report of an instance of sexual trauma 
connects the survivor to the Military Sexual Trauma 
Coordinator of the Department of Veterans Affairs 
at the facility of that Department nearest to the res-
idence of that survivor if that survivor is a member 
separating or retiring from the Armed Forces. 
(c) REPORTS.— 
(1) REPORT ON RESIDENTIAL TREATMENT.— 
Not later than 180 days after the date of the enact-
483 
ment of this Act, the Secretaries of Defense and 
Veterans Affairs shall provide a report to the appro-
priate committees of Congress regarding the avail-
ability of residential treatment programs for sur-
vivors of sexual trauma, including— 
(A) barriers to access for such programs; 
and 
(B) resources required to reduce such bar-
riers. 
(2) INITIAL REPORT.—Upon implementation of 
the standard under subsection (a), the Secretaries of 
Defense and Veterans Affairs shall jointly submit to 
the appropriate committees of Congress a report on 
the standard. 
(3) PROGRESS REPORTS.—Not later than 180 
days after submitting the initial report under para-
graph (2), and on December 1 of each subsequent 
year, the Secretaries of Defense and Veterans Af-
fairs shall jointly submit to the appropriate commit-
tees of Congress a report on the progress of the Sec-
retaries in implementing and improving the stand-
ard. 
(4) UPDATES.—Whenever the Secretaries of 
Defense and Veterans Affairs update the standard 
developed under subsection (a), the Secretaries shall
484 
jointly submit to the appropriate committees of Con-
gress a report on such update, including a com-
prehensive and detailed description of such update 
and the reasons for such update. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘sexual trauma’’ means psycho-
logical trauma described in section 1720D(a)(1) of 
title 38, United States Code. 
(2) The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committees on Veterans’ Affairs of 
the House of Representatives and the Senate; 
and 
(B) the Committees on Armed Services of 
the House of Representatives and the Senate. 
SEC. 547. POLICY ON SEPARATION OF VICTIM AND AC-
CUSED AT MILITARY SERVICE ACADEMIES. 
(a) IN GENERAL.—The Secretary of Defense shall, 
in consultation with the Secretaries of the military depart-
ments and the Superintendent of each military service 
academy, prescribe in regulations a policy under which a 
cadet or midshipman of a military service academy who 
is the alleged victim of a sexual assault and a cadet or 
midshipman who is the alleged perpetrator of such assault 
shall, to the extent practicable, each be given the oppor-
485 
tunity to complete their course of study at the academy 
without— 
(1) taking classes together; or 
(2) otherwise being in close proximity to each 
other during mandatory activities. 
(b) ELEMENTS.—The Secretary of Defense shall en-
sure that the policy developed under subsection (a)— 
(1) protects the alleged victim as necessary, in-
cluding by prohibiting retaliatory harassment; 
(2) allows both the victim and the accused to 
complete their course of study at the institution with 
minimal disruption; 
(3) protects the privacy of both the victim and 
the accused by ensuring that information about the 
alleged sexual assault and the individuals involved is 
not revealed to third parties who are not specifically 
authorized to receive such information in the course 
of performing their regular duties, except that such 
policy shall not preclude the alleged victim or the al-
leged perpetrator from making such disclosures to 
third parties; and 
(4) minimizes the burden on the alleged victim 
when taking steps to separate the alleged victim and 
alleged perpetrator.
486 
(c) SPECIAL RULE.—The policy developed under sub-
section (a) shall not preclude a military service academy 
from taking other administrative or disciplinary action 
when appropriate. 
(d) MILITARY SERVICE ACADEMY DEFINED.—In this 
section, the term ‘‘military service academy’’ means the 
following: 
(1) The United States Military Academy. 
(2) The United States Naval Academy. 
(3) The United States Air Force Academy. 
SEC. 548. SAFE-TO-REPORT POLICY APPLICABLE ACROSS 
THE ARMED FORCES. 
(a) IN GENERAL.—The Secretary of Defense shall, 
in consultation with the Secretaries of the military depart-
ments, prescribe in regulations a safe-to-report policy de-
scribed in subsection (b) that applies with respect to all 
members of the covered Armed Forces (including members 
of the reserve components of the covered Armed Forces) 
and cadets and midshipmen at the military service acad-
emies. 
(b) SAFE-TO-REPORT POLICY.—The safe-to-report 
policy described in this subsection is a policy that pre-
scribes the handling of minor collateral misconduct involv-
ing a member of the covered Armed Forces who is the 
alleged victim of sexual assault.
487 
(c) AGGRAVATING CIRCUMSTANCES.—The regula-
tions under subsection (a) shall specify aggravating cir-
cumstances that increase the gravity of minor collateral 
misconduct or its impact on good order and discipline for 
purposes of the safe-to-report policy. 
(d) TRACKING OF COLLATERAL MISCONDUCT INCI-
DENTS.—In conjunction with the issuance of regulations 
under subsection (a), Secretary shall develop and imple-
ment a process to track incidents of minor collateral mis-
conduct that are subject to the safe-to-report policy. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘covered Armed Forces’’ has the 
meaning given the term ‘‘armed forces’’ in section 
101(a)(4) of title 10, United States Code, except 
such term does not include the Coast Guard. 
(2) The term ‘‘military service academy’’ means 
the following: 
(A) The United States Military Academy. 
(B) The United States Naval Academy. 
(C) The United States Air Force Academy. 
(3) The term ‘‘minor collateral misconduct’’ 
means any minor misconduct that is potentially pun-
ishable under chapter 47 of title 10, United States 
Code (the Uniform Code of Military Justice), that—
488 
(A) is committed close in time to or during 
the sexual assault, and directly related to the 
incident that formed the basis of the sexual as-
sault allegation; 
(B) is discovered as a direct result of the 
report of sexual assault or the ensuing inves-
tigation into the sexual assault; and 
(C) does not involve aggravating cir-
cumstances (as specified in the regulations pre-
scribed under subsection (c)) that increase the 
gravity of the minor misconduct or its impact 
on good order and discipline. 
SEC. 549. QUESTION IN WORKPLACE AND GENDER RELA-
TIONS SURVEYS REGARDING PROSECUTIONS 
OF SEXUAL ASSAULT. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall include in the covered surveys a question regarding 
whether a member of an Armed Force under the jurisdic-
tion of the Secretary of a military department would be 
more willing to report a sexual assault if prosecution deci-
sions were made by lawyers and not commanders. 
(b) COVERED SURVEYS DEFINED.—In this section, 
the term ‘‘covered surveys’’ means the workplace and gen-
der relations surveys and focus groups administered by the
489 
Office of People Analytics of the Department of Defense, 
including— 
(1) the Workplace and Gender Relations Survey 
of Active Duty Members; 
(2) the Workplace and Gender Relations Survey 
of Reserve Component Members; 
(3) the Military Service Gender Relations Focus 
Group; and 
(4) any successor survey or focus group. 
SEC. 550. PILOT PROGRAM ON PROSECUTION OF SPECIAL 
VICTIM 
OFFENSES 
COMMITTED 
BY 
ATTENDEES OF MILITARY SERVICE ACAD-
EMIES. 
(a) PILOT PROGRAM.—Beginning not later than Jan-
uary 1, 2021, the Secretary of Defense shall carry out a 
pilot program (referred to in this Act as the ‘‘Pilot Pro-
gram’’) under which the Secretary shall establish, in ac-
cordance with this section, an independent authority to— 
(1) review each covered special victim offense; 
and 
(2) determine whether such offense shall be re-
ferred to trial by an appropriate court-martial con-
vening authority. 
(b) OFFICE OF THE CHIEF PROSECUTOR.—
490 
(1) ESTABLISHMENT.—As part of the Pilot 
Program, the Secretary shall establish, within the 
Office of the Secretary of Defense, an Office of the 
Chief Prosecutor. 
(2) HEAD OF OFFICE.—The head of the Office 
shall be known as the Chief Prosecutor. The Sec-
retary shall appoint as the Chief Prosecutor a com-
missioned officer in the grade of O–7 or above 
who— 
(A) has significant experience prosecuting 
sexual assault trials by court-martial; and 
(B) is outside the chain of command of 
any cadet or midshipman described in sub-
section (f)(2). 
(3) RESPONSIBILITIES.—The Chief Prosecutor 
shall exercise the authorities described in subsection 
(c) but only with respect to covered special victim of-
fenses. 
(4) SPECIAL RULE.—Notwithstanding any other 
provision of law, the military service from which the 
Chief Prosecutor is appointed is authorized an addi-
tional billet for a general officer or a flag officer for 
each year in the 2-year period beginning with the 
year in which the appointment is made.
491 
(5) TERMINATION.—The Office of the Chief 
Prosecutor shall terminate on the date on which the 
Pilot Program terminates under subsection (e). 
(c) REFERRAL TO OFFICE OF THE CHIEF PROS-
ECUTOR.— 
(1) INVESTIGATION PHASE.— 
(A) NOTICE AND INFORMATION.—A mili-
tary criminal investigative organization that re-
ceives an allegation of a covered special victim 
offense shall provide to the Chief Prosecutor 
and the commander of the military service 
academy concerned— 
(i) timely notice of such allegation; 
and 
(ii) any information and evidence ob-
tained as the result a subsequent investiga-
tion into the allegation. 
(B) TRIAL COUNSEL.—A trial counsel as-
signed to a case involving a covered special vic-
tim offense shall, during the investigative phase 
of such case, provide the Chief Prosecutor with 
the information necessary to enable the Chief 
Prosecutor to make the determination required 
under paragraph (3).
493 
martial shall include a determination of whether to 
try any known offenses, including any lesser in-
cluded offenses. 
(4) EFFECT OF DETERMINATION AND APPEALS 
PROCESS.— 
(A) DETERMINATION
TO
PROCEED
TO 
TRIAL.—Subject to subparagraph (C), a deter-
mination to try a charge relating to a covered 
special victim offense by court-martial under 
paragraph (3), and the determination as to the 
type of court-martial, shall be binding on any 
convening authority under chapter 47 of title 
10, United States Code (the Uniform Code of 
Military Justice) for a trial by court-martial on 
the charge. 
(B) DETERMINATION NOT TO PROCEED TO 
TRIAL.—Subject to subparagraph (C), a deter-
mination under paragraph (3) not to proceed to 
trial on a charge relating to a covered special 
victim offense by general or special court-mar-
tial shall be binding on any convening authority 
under chapter 47 of title 10, United States 
Code (the Uniform Code of Military Justice) ex-
cept that such determination shall not operate
494 
to terminate or otherwise alter the authority of 
the convening authority— 
(i) to proceed to trial by court-martial 
on charges of collateral misconducted re-
lated to the special victim offense; or 
(ii) to impose non-judicial punishment 
in connection with the conduct covered by 
the charge as authorized by section 815 of 
such title (article 15 of the Uniform Code 
of Military Justice). 
(C) APPEAL.—In a case in which a con-
vening authority and the staff judge advocate 
advising such authority disagree with the deter-
mination of the Chief Prosecutor under para-
graph (3), the convening authority and staff 
judge advocate may jointly appeal the deter-
mination to the General Counsel of the Depart-
ment of Defense. The determination of the Gen-
eral Counsel with respect to such appeal shall 
be binding on the Chief Prosecutor and the con-
vening authority concerned. 
(5) TRIAL BY RANDOMIZED JURY.—After the 
Chief Prosecutor makes a determination under para-
graph (3) to proceed to trial on a charge relating to 
a covered special victim offense, the matter shall be
495 
tried by a court-martial convened within the Armed 
Force of which the accused is a member in accord-
ance with the applicable provisions of chapter 47 of 
title 10, United States Code (the Uniform Code of 
Military Justice) except that, when convening a 
court-martial that is a general or special court-mar-
tial involving a covered special victim offense in 
which the accused elects a jury trial, the convening 
authority shall detail members of the Armed Forces 
as 
members 
thereof 
at 
random 
unless 
the 
obtainability of members of the Armed Forces for 
such court-martial prevents the convening authority 
from detailing such members at random. 
(6) UNLAWFUL
INFLUENCE
OR
COERCION.— 
The actions of the Chief Prosecutor under this sub-
section whether or not to try charges by court-mar-
tial shall be free of unlawful or unauthorized influ-
ence or coercion. 
(d) EFFECT ON OTHER LAW.—This section shall su-
persede any provision of chapter 47 of title 10, United 
States Code (the Uniform Code of Military Justice), that 
is inconsistent with this section, but only to the extent of 
the inconsistency. 
(e) TERMINATION AND TRANSITION.—
496 
(1) TERMINATION.—The authority of the Sec-
retary to carry out the Pilot Program shall termi-
nate 4 years after the date on which the Pilot Pro-
gram is initiated. 
(2) TRANSITION.—The Secretary shall take 
such actions as are necessary to ensure that, on the 
date on which the Pilot Program terminates under 
paragraph (1), any matter referred to the Chief 
Prosecutor under subsection (c)(2), but with respect 
to which the Chief Prosecutor has not made a deter-
mination under subsection (c)(3), shall be trans-
ferred to the appropriate convening authority for 
consideration. 
(f) DEFINITIONS.—In this Act: 
(1) The term ‘‘Armed Force’’ means an Armed 
Force under the jurisdiction of the Secretary of a 
military department. 
(2) The term ‘‘covered special victim offense’’ 
means a special victim offense— 
(A) alleged to have been committed on or 
after the date of the enactment of this Act by 
a cadet of the United States Military Academy 
or the United States Air Force Academy, with-
out regard to the location at which the offense 
was committed; or
497 
(B) alleged to have been committed on or 
after the date of the enactment of this Act by 
a midshipman of the United States Naval Acad-
emy, without regard to the location at which 
the offense was committed. 
(3) The term ‘‘Secretary’’ means the Secretary 
of Defense. 
(4) The term ‘‘special victim offense’’ means 
any of the following: 
(A) An offense under section 917a, 920, 
920b, 920c, or 930 of title 10, United States 
Code (article 117a, 120, 120b, 120c, or 130 of 
the Uniform Code of Military Justice). 
(B) A conspiracy to commit an offense 
specified in subparagraph (A) as punishable 
under section 881 of such title (article 81 of the 
Uniform Code of Military Justice). 
(C) A solicitation to commit an offense 
specified in subparagraph (A) as punishable 
under section 882 of such title (article 82 of the 
Uniform Code of Military Justice). 
(D) An attempt to commit an offense spec-
ified in subparagraph (A) as punishable under 
section 880 of such title (article 80 of the Uni-
form Code of Military Justice).
498 
SEC. 550A. REPORT ON STATUS OF INVESTIGATIONS OF AL-
LEGED SEX-RELATED OFFENSES. 
(a) REPORTS REQUIRED.—Not later than 1 year 
after the date of the enactment of this Act, and annually 
thereafter through December 31, 2025, the Secretary of 
each military department shall submit to the congressional 
defense committees a report on the status of investigations 
into alleged sex-related offenses. 
(b) ELEMENTS.—Each report under subsection (a) 
shall include, with respect to investigations into alleged 
sex-related offenses carried out by military criminal inves-
tigative organizations under the jurisdiction of the Sec-
retary concerned during the preceding year, the following: 
(1) The total number of investigations. 
(2) For each investigation— 
(A) the date the investigation was initi-
ated; and 
(B) an explanation of whether the inves-
tigation is in-progress or complete as of the 
date of the report and, if complete, the date on 
which the investigation was completed. 
(3) The total number of investigations that are 
complete as of the date of the report. 
(4) The total number of investigations that are 
in-progress as of the date of the report.
499 
(5) For investigations lasting longer than 180 
days, an explanation of the primary reasons for the 
extended duration of the investigation. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘alleged sex-related offense’’ has 
the meaning given that term in section 1044(e)(h) 
of title 10, United States Code. 
(2) The term ‘‘complete’’ when used with re-
spect to an investigation of an alleged sex-related of-
fense, means the active phase of the investigation is 
sufficiently complete to enable the appropriate au-
thority to reach a decision with respect to the dis-
position of charges for the offense. 
SEC. 550B. REPORT ON SEXUAL ABUSE AND HARASSMENT 
OF RECRUITS DURING MEDICAL EXAMINA-
TIONS PRIOR TO ENTRY INTO THE ARMED 
FORCES. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to Congress a report on the prevalence of sexual abuse 
and harassment of persons during the medical examina-
tion that precedes entry into the Armed Forces. Such re-
port shall include the following:
500 
(1) The number of incidents of sexual abuse or 
harassment that have been reported since 2000, if 
available. 
(2) A description of the process by which the 
Department of Defense tracks the incidents of sex-
ual abuse or harassment, if applicable. 
(3) A plan to establish a process by which the 
Department tracks the incidents of sexual abuse or 
harassment, including of the medical professionals 
involved, if such a process does not exist. 
(4) A plan to provide awareness training re-
garding sexual abuse and harassment provided to 
medical professionals who perform such examina-
tions, if such training does not exist. 
(5) A plan to provide recruits with information 
on their rights and responsibilities in the event they 
face sexual abuse and harassment that is incident to 
service but prior to starting service in the Armed 
Forces, if such information does not exist. 
(6) A description of the legal redress available 
to persons who experience such sexual abuse and 
harassment, including through the Uniform Code of 
Military Justice, for those who enter the Armed 
Forces.
501 
SEC. 550C. CONFIDENTIAL REPORTING OF SEXUAL HAR-
ASSMENT. 
(a) ESTABLISHMENT.—Chapter 80 of title 10, 
United States Code, is amended by inserting after section 
1561a the following new section: 
‘‘§ 1561b. Confidential reporting of sexual harassment 
‘‘(a) 
ESTABLISHMENT.—Notwithstanding 
section 
1561 of this title, the Secretary of Defense shall prescribe 
regulations establishing a process by which a member of 
an armed force under the jurisdiction of the Secretary of 
a military department may confidentially allege a com-
plaint of sexual harassment to an individual outside the 
immediate chain of command of that member. 
‘‘(b) INVESTIGATION.—An individual designated to 
receive complaints under subsection (a)— 
‘‘(1) shall maintain the confidentiality of the 
member alleging the complaint; 
‘‘(2) shall provide to the member alleging the 
complaint the option— 
‘‘(A) to file a formal or informal report of 
sexual harassment; and 
‘‘(B) to include reports related to such 
complaint in the Catch a Serial Offender Pro-
gram; and 
‘‘(3) shall provide to the commander of the 
complainant a report—
502 
‘‘(A) regarding the complaint; and 
‘‘(B) that does not contain any personally 
identifiable information regarding the complain-
ant. 
‘‘(c) EDUCATION; TRACKING; REPORTING.—The Sec-
retary of Defense shall— 
‘‘(1) educate members under the jurisdiction of 
the Secretary of a military department regarding the 
process established under this section; 
‘‘(2) track complaints alleged pursuant to the 
process established under this section; and 
‘‘(3) submit annually to the Committees on 
Armed Services of the Senate and House of Rep-
resentatives a report containing data (that does not 
contain any personally identifiable information) re-
lating to such complaints.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 1561b the following new 
item: 
‘‘1561b. Confidential reporting of sexual harassment.’’. 
(c) IMPLEMENTATION.—The Secretary shall carry 
out section 1561b of title 10, United States Code, as 
added by subsection (a), not later than 1 year after the 
date of the enactment of this Act.
503 
Subtitle F—Member Education, 
Training, and Transition 
SEC. 551. COUNSELING IN THE TRANSITION ASSISTANCE 
PROGRAM 
REGARDING 
SEXUAL 
ASSAULT, 
SEXUAL OR GENDER HARASSMENT, AND INTI-
MATE PARTNER VIOLENCE. 
Section 1142(b) of title 10, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(20) Information concerning health care (in-
cluding mental health care) furnished by the Sec-
retary of Veterans Affairs to veterans and members 
of the Armed Forces who have survived sexual as-
sault, sexual or gender harassment, or intimate part-
ner violence.’’. 
SEC. 552. MEDICAL OR ADMINISTRATIVE DISCHARGE AS A 
PATHWAY FOR COUNSELING IN THE TRANSI-
TION 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’’; and 
(2) in subparagraph (F), by striking ‘‘Char-
acter’’ and all that follows and inserting ‘‘Potential
504 
or confirmed involuntary separation of the mem-
ber.’’. 
SEC. 553. FAMILY DYNAMICS AS PATHWAYS FOR COUN-
SELING IN THE TRANSITION ASSISTANCE 
PROGRAM. 
Section 1142(c)(1) of title 10, United States Code, 
as amended by section (a), is further amended— 
(1) by redesignating subparagraph (M) as sub-
paragraph (R); and 
(2) 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). 
‘‘(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