197 
(1) The term ‘‘critical language’’ means a lan-
guage identified by the Director of the National Secu-
rity Education Program as critical to national secu-
rity. 
(2) The term ‘‘proficiency’’ means proficiency in 
a language, as assessed by the Defense Language Pro-
ficiency Test. 
(3) The term ‘‘Secretary concerned’’ has the 
meaning given such term in section 101 of title 10, 
United States Code. 
(4) The term ‘‘special operations forces’’ means 
forces described under section 167(j) of title 10, 
United States Code. 
SEC. 365. REPORT AND BRIEFING ON APPROACH FOR CER-
TAIN PROPERTIES AFFECTED BY NOISE FROM 
MILITARY FLIGHT OPERATIONS. 
(a) BRIEFING.—Not later than 180 days after the date 
of enactment of this Act, the Secretary of Defense shall pro-
vide to the congressional defense committees a briefing on 
the use and applicability of the Air Installations Compat-
ible Use Zones program to support noise mitigation and 
insulation efforts for fixed wing aircraft, including any 
such efforts funded under grants from the Office of Local 
Defense Community Cooperation. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00197
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
198 
(b) MATTERS.—The briefing under subsection (a) shall 
include a discussion of the following: 
(1) Changes to current practices regarding Air 
Installations Compatible Use Zones that are nec-
essary to support noise mitigation and insulation ef-
forts relating to existing covered facilities. 
(2) The number of fixed wing aircraft facilities 
covered by existing Air Installations Compatible Use 
Zones studies. 
(3) The proportion of existing Air Installations 
Compatible Use Zones studies that accurately reflect 
current and reasonably foreseeable fixed wing avia-
tion activity. 
(4) Expected timelines for each military depart-
ment to develop and update all Air Installations 
Compatible Use Zones studies to reflect current and 
reasonably foreseeable fixed wing activity. 
(5) An approximate number of covered facilities 
anticipated to be within the 65 dB day–night average 
sound level for installations with existing Air Instal-
lations Compatible Use Zones studies, including such 
facilities specifically located in crash zones or acci-
dent potential zones. 
(6) An assessment of the viability of making eli-
gibility to receive funding for noise mitigation and 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00198
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
199 
insulation efforts contingent on the completion of cer-
tain measures to ensure compatibility of civilian land 
use activity with Air Installations Compatible Use 
Zones conclusions. 
(7) Any barriers to the timely review and gen-
eration of Air Installations Compatible Use Zones 
studies, including with respect to staffing and gaps in 
authorities. 
(8) The estimated cost to develop and update re-
quired Air Installations Compatible Use Zones prac-
tices and studies. 
(9) Future opportunities to consult with local 
communities affected by noise from military flight op-
erations. 
(c) REPORT.—Not later than one year after the date 
of enactment of this Act, the Secretary shall submit to the 
congressional defense committees a report on the final out-
come of the update process with respect to Air Installations 
Compatible Use Zones program. Such report shall include 
further details and analysis with respect to each matter 
specified in subsection (b). 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘Air Installations Compatible Use 
Zones program’’ has the meaning given such term in 
Department of Defense Instruction 4165.57. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00199
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
200 
(2) The term ‘‘covered facility’’ means any— 
(A) private residence; 
(B) hospital; 
(C) daycare facility; 
(D) school; or 
(E) facility the primary purpose of which is 
to serve senior citizens. 
SEC. 366. STUDY ON USE OF MILITARY RESOURCES TO 
TRANSPORT CERTAIN INDIVIDUALS AND EF-
FECT ON MILITARY READINESS. 
(a) STUDY.—The Secretary of Defense shall— 
(1) conduct a study examining the effect on mili-
tary readiness of using Department of Defense re-
sources to transport covered individuals; and 
(2) submit to Congress a report containing the 
findings of such study. 
(b) COVERED INDIVIDUAL DEFINED.—In this section, 
the term ‘‘covered individual’’ means an individual who has 
crossed the southern border of the United States without au-
thorization. 
Subtitle F—Other Matters 
SEC. 371. BUDGET JUSTIFICATION FOR OPERATION AND 
MAINTENANCE. 
(a) SUBACTIVITY GROUP BY FUTURE YEARS.—Section 
233 of title 10, United States Code, is amended— 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00200
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
201 
(1) by redesignating subsection (c) as subsection 
(e); and 
(2) by inserting after subsection (b) the following 
new subsection (c): 
‘‘(c) SUBACTIVITY GROUPS.—The Secretary of Defense, 
in consultation with the Secretary of each of the military 
departments, shall include in the materials submitted to 
Congress by the Secretary of Defense in support of the Presi-
dent’s budget, in an unclassified format, the total amount 
projected for each individual subactivity group, as detailed 
in the future years defense program pursuant to section 221 
of this title.’’. 
(b) BUDGET SUBMISSION DISPLAY.—Section 233 of 
title 10, United States Code, is further amended by insert-
ing after subsection (c), as added by subsection (a), the fol-
lowing new subsection: 
‘‘(d) BUDGET DISPLAY.—The Secretary of Defense, in 
consultation with the Secretary of each of the military de-
partments, shall include in the O&M justification docu-
ments a budget display to provide for discussion and eval-
uation of the resources required to meet material readiness 
objectives, as identified in the metrics required by section 
118 of this title, together with any associated risks to the 
supply chain. For each major weapon system, by designated 
mission design series, variant, or class, the budget display 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00201
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
202 
required under this subsection for the budget year shall in-
clude each of the following: 
‘‘(1) The material availability objective estab-
lished in accordance with the requirements of section 
118 of this title. 
‘‘(2) The funds obligated by subactivity group 
within the operation and maintenance accounts for 
the second fiscal year preceding the budget year for 
the purpose of achieving the material readiness objec-
tives identified in accordance with section 118 of this 
title. 
‘‘(3) The funds estimated to be obligated by sub-
activity group within the operation and maintenance 
accounts for the fiscal year preceding the budget year 
for the purpose of achieving the material readiness ob-
jectives identified in accordance with section 118 of 
this title. 
‘‘(4) The funds budgeted and programmed across 
the future years defense program within the operation 
and maintenance accounts by subactivity group for 
the purpose of achieving the material readiness objec-
tives identified in accordance with section 118 of this 
title. 
‘‘(5) A narrative discussing the performance of 
the Department against established material readiness 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00202
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
203 
objectives for each major weapon system by mission 
design series, variant, or class.’’. 
(c) IMPLEMENTATION DEADLINE.—The Secretary of 
Defense shall ensure that the budget display requirements 
required under the amendments made by this section are 
included in the budget request for fiscal year 2023 and all 
fiscal years thereafter. 
(d) CONFORMING REPEAL.—Section 357 of the John 
S. McCain National Defense Authorization Act for Fiscal 
Year 2019 (Public Law 115–232; 10 U.S.C. 221 note) is 
repealed. 
SEC. 372. IMPROVEMENTS AND CLARIFICATIONS RELATED 
TO MILITARY WORKING DOGS. 
(a) PROHIBITION
ON CHARGE
FOR TRANSFER
OF 
MILITARY ANIMALS.—Subsection (d) of section 2583 of title 
10, United States Code, is amended by striking ‘‘may’’ and 
inserting ‘‘shall’’. 
(b) INCLUSION OF MILITARY WORKING DOGS IN CER-
TAIN RESEARCH AND PLANS.— 
(1) RESEARCH
UNDER
JOINT
TRAUMA
EDU-
CATION AND TRAINING DIRECTORATE.—Subsection (b) 
of section 708 of the National Defense Authorization 
Act for Fiscal Year 2017 (Public Law 114–328; 10 
U.S.C. 1071 note) is amended— 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00203
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
204 
(A) in paragraph (7), by striking ‘‘of mem-
bers of the Armed Forces’’ and inserting ‘‘with 
respect to both members of the Armed Forces and 
military working dogs’’; and 
(B) by striking paragraph (9) and inserting 
the following new paragraph: 
‘‘(9) To inform and advise the conduct of re-
search on the leading causes of morbidity and mor-
tality of members of the Armed Forces and military 
working dogs in combat.’’. 
(2) VETERINARIANS IN PERSONNEL MANAGEMENT 
PLAN.—Subsection (d)(1) of such section is amend-
ed— 
(A) by redesignating subparagraph (F) as 
subparagraph (G); and 
(B) by inserting after subparagraph (E) the 
following new subparagraph: 
‘‘(F) Veterinary services.’’. 
SEC. 373. MANAGEMENT OF FATIGUE AMONG CREW OF 
NAVAL SURFACE SHIPS AND RELATED IM-
PROVEMENTS. 
(a) REQUIREMENT.—The Secretary of the Navy shall 
implement each recommendation for executive action set 
forth in the report of the Government Accountability Office 
titled ‘‘Navy Readiness: Additional Efforts Are Needed to 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00204
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
205 
Manage Fatigue, Reduce Crewing Shortfalls, and Imple-
ment Training’’ (GAO-21-366). 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary of the Navy shall 
submit to the congressional defense committees and the 
Comptroller General a report on the status of actions taken 
by the Secretary to monitor crew fatigue and ensure equi-
table fatigue management throughout the naval surface ship 
fleet in accordance with subparagraph (a). Such report 
shall include the following: 
(1) An assessment of the extent of crew fatigue 
throughout the naval surface ship fleet. 
(2) A description of the metrics used to assess the 
extent of fatigue pursuant to paragraph (1). 
(3) An identification of results-oriented goals for 
effective fatigue management. 
(4) An identification of timeframes for achieving 
the goals identified pursuant to paragraph (3). 
(c) COMPTROLLER GENERAL ASSESSMENT.—Not later 
than 90 days after the date on which the Comptroller Gen-
eral receives the report under subsection (b), the Comptroller 
General shall brief the congressional defense committees on 
the extent to which the actions and goals described in the 
report meet the requirements of subsection (a). 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00205
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
206 
SEC. 374. AUTHORITY TO ESTABLISH CENTER OF EXCEL-
LENCE 
FOR 
RADAR 
SYSTEMS 
AND 
COM-
PLEMENTARY WORKFORCE AND EDUCATION 
PROGRAMS. 
(a) AUTHORITY.—The Secretary of Defense may estab-
lish a Center of Excellence for radar systems and com-
plementary workforce and education programs. 
(b) FUNCTIONS.—If the Secretary establishes the Cen-
ter authorized under subsection (a), such Center shall be 
designed to further the expertise of the Department of De-
fense in the repair, sustainment, and support of radar sys-
tems, as identified by the Joint Radar Industrial Base 
Working Group and the Radar Supplier Resiliency Plan, 
by conducting the following activities, as appropriate: 
(1) Facilitating collaboration among academia, 
the Department, and the commercial radar industry, 
including radar system repair and sustainment fa-
cilities. 
(2) Establishing goals for research in areas of 
study relevant to advancing technology and facili-
tating better understanding of the necessity of radar 
systems in the growing development and reliance on 
automated and complex defense systems, including 
continuing education and training. 
(3) Establishing at any institution of higher 
education with which the Secretary enters into an 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00206
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
207 
agreement under subsection (c) such activities as are 
necessary to develop and meet the requirements of the 
Department. 
(4) Increasing communications with radar sys-
tems subject-matter experts in industry to learn and 
support state-of-the-art operational practices, espe-
cially studied future needs of the Department related 
to autonomous systems. 
(c) ELIGIBLE PARTICIPANTS.—If the Secretary estab-
lishes the Center authorized under subsection (a)— 
(1) the Secretary may enter into an agreement 
with one or more institutions of higher education to 
provide for joint operation of the Center; and 
(2) the Center may partner with nonprofit insti-
tutions and private industry with expertise in radar 
systems to further the mission of the Center. 
(d) LOCATION.—If the Secretary establishes the Center 
authorized under subsection (a), in determining the location 
of the Center, the Secretary shall take into account the prox-
imity to existing radar system facilities capable of effi-
ciently facilitating partnership between the Department, 
industry, and an academic institution. 
(e) COORDINATION.—Nothing in this section shall pre-
clude the coordination or collaboration between any Center 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00207
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
208 
established under this section and any other established cen-
ter of excellence. 
(f) INSTITUTION OF HIGHER EDUCATION DEFINED.— 
The term ‘‘institution of higher education’’ has the meaning 
given that term in section 101 of the Higher Education Act 
of 1965 (20 U.S.C. 1001). 
SEC. 375. PILOT PROGRAM ON MILITARY WORKING DOG 
AND 
EXPLOSIVES 
DETECTION 
CANINE 
HEALTH AND EXCELLENCE. 
(a) PILOT PROGRAM.—Not later than September 31, 
2022, the Secretary of Defense shall carry out a pilot pro-
gram to ensure the health and excellence of explosives detec-
tion military working dogs. Under such pilot program, the 
Secretary shall consult with domestic breeders of working 
dog lines, covered institutions of higher education, and cov-
ered national domestic canine associations, to— 
(1) facilitate the presentation of domestically- 
bred explosives detection military working dogs for 
assessment for procurement by the Department of De-
fense, at a rate of at least 100 canines presented per 
fiscal year; 
(2) facilitate the delivery and communication to 
domestic breeders, covered institutions of higher edu-
cation, and covered national domestic canine associa-
tions, of information regarding— 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00208
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
209 
(A) any specific needs or requirements for 
the future acquisition by the Department of ex-
plosives detection military working dogs; and 
(B) any factors identified as relevant to the 
success or failure of explosives detection military 
working dogs presented for assessment pursuant 
to this section; 
(3) collect information on the biological and 
health factors of explosives detection military working 
dogs procured by the Department, and make such in-
formation available for academic research and to do-
mestic breeders; and 
(4) collect and make available genetic and 
phenotypic information, including canine rearing 
and training data for study by domestic breeders and 
covered institutions of higher education, for the fur-
ther development of working canines that are bred, 
raised, and trained domestically. 
(b) CONSULTATIONS.—In carrying out the pilot pro-
gram under subsection (a), the Secretary may consult with 
the working group established pursuant to section 1927 of 
the FAA Reauthorization Act of 2018 (Public Law 115– 
254; 6 U.S.C. 1116 note). 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00209
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
210 
(c) TERMINATION.—The authority to carry out the 
pilot program under subsection (a) shall terminate on Octo-
ber 1, 2024. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘covered institution of higher edu-
cation’’ means an institution of higher education, as 
such term is defined in section 101 of the Higher 
Education Act of 1965 (20 U.S.C. 1001), with dem-
onstrated expertise in veterinary medicine for work-
ing canines. 
(2) The term ‘‘covered national domestic canine 
association’’ means a national domestic canine asso-
ciation with demonstrated expertise in the breeding 
and pedigree of working canine lines. 
(3) The term ‘‘explosives detection military 
working dog’’ means a canine that, in connection 
with the work duties of the canine performed for the 
Department of Defense, is certified and trained to de-
tect odors indicating the presence of explosives in a 
given object or area, in addition to the performance 
of such other duties for the Department as may be as-
signed. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $10,000,000 to carry out this 
section. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00210
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
211 
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, 2022, as follows: 
(1) The Army, 485,000. 
(2) The Navy, 346,200. 
(3) The Marine Corps, 178,500. 
(4) The Air Force, 328,300. 
(5) The Space Force, 8,400. 
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 (5) and insert-
ing the following new paragraphs: 
‘‘(1) For the Army, 485,000. 
‘‘(2) For the Navy, 346,200. 
‘‘(3) For the Marine Corps, 178,500. 
‘‘(4) For the Air Force, 328,300. 
‘‘(5) For the Space Force, 8,400.’’. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00211
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
212 
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 com-
ponents as of September 30, 2022, as follows: 
(1) The Army National Guard of the United 
States, 336,000. 
(2) The Army Reserve, 189,500. 
(3) The Navy Reserve, 58,600. 
(4) The Marine Corps Reserve, 36,800. 
(5) The Air National Guard of the United 
States, 108,300. 
(6) The Air Force Reserve, 70,300. 
(7) The Coast Guard Reserve, 7,000. 
(b) END STRENGTH REDUCTIONS.—The end strengths 
prescribed by subsection (a) for the Selected Reserve of any 
reserve component shall be proportionately reduced by— 
(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 
(other than for training or for unsatisfactory partici-
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00212
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
213 
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 in-
creased proportionately by the total authorized strengths of 
such units and by the total number of such individual mem-
bers. 
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, 2022, the following number of Reserves 
to be serving on full-time active duty or full-time duty, in 
the case of members of the National Guard, for the purpose 
of organizing, administering, recruiting, instructing, or 
training the reserve components: 
(1) The Army National Guard of the United 
States, 30,845. 
(2) The Army Reserve, 16,511. 
(3) The Navy Reserve, 10,293. 
(4) The Marine Corps Reserve, 2,386. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00213
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
215 
(1) The Army National Guard of the United 
States, 17,000. 
(2) The Army Reserve, 13,000. 
(3) The Navy Reserve, 6,200. 
(4) The Marine Corps Reserve, 3,000. 
(5) The Air National Guard of the United 
States, 16,000. 
(6) The Air Force Reserve, 14,000. 
SEC. 415. ACCOUNTING OF RESERVE COMPONENT MEM-
BERS PERFORMING ACTIVE DUTY OR FULL- 
TIME NATIONAL GUARD DUTY TOWARDS AU-
THORIZED END STRENGTHS. 
Section 115(b)(2)(B) of title 10, United States Code, 
is amended by striking ‘‘1095 days in the previous 1460 
days’’ and inserting ‘‘1825 days in the previous 2190 
days’’. 
Subtitle C—Authorization of 
Appropriations 
SEC. 421. MILITARY PERSONNEL. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds are 
hereby authorized to be appropriated for fiscal year 2022 
for the use of the Armed Forces and other activities and 
agencies of the Department of Defense for expenses, not oth-
erwise provided for, for military personnel, as specified in 
the funding table in section 4401. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00215
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
216 
(b) CONSTRUCTION OF AUTHORIZATION.—The author-
ization of appropriations in the subsection (a) supersedes 
any other authorization of appropriations (definite or in-
definite) for such purpose for fiscal year 2022. 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Reserve Component 
Management 
SEC. 501. GRADE OF CERTAIN CHIEFS OF RESERVE COMPO-
NENTS. 
(a) IN GENERAL.— 
(1) 
CHIEF
OF
ARMY
RESERVE.—Section 
7038(b)(1) of title 10, United States Code, is amended 
by striking ‘‘general officers of the Army Reserve’’ 
and inserting ‘‘officers of the Army Reserve in the 
grade of lieutenant general and’’. 
(2) 
CHIEF
OF
NAVY
RESERVE.—Section 
8083(b)(1) of such title is amended by striking ‘‘flag 
officers of the Navy (as defined in section 8001(1))’’ 
and inserting ‘‘officers of the Navy Reserve in the 
grade of vice admiral and’’. 
(3) COMMANDER, MARINE FORCES RESERVE.— 
Section 8084(b)(1) of such title is amended by strik-
ing ‘‘general officers of the Marine Corps (as defined 
in section 8001(2))’’ and inserting ‘‘officers of the Ma-
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00216
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
217 
rine Corps Reserve in the grade of lieutenant general 
and’’. 
(4) CHIEF
OF
AIR
FORCE
RESERVE.—Section 
9038(b)(1) of such title is amended by striking ‘‘gen-
eral officers of the Air Force Reserve’’ and inserting 
‘‘officers of the Air Force Reserve in the grade of lieu-
tenant general and’’. 
(b) EFFECTIVE DATE.—The amendments made under 
subsection (a) shall take effect on the date that is one year 
after the date of the enactment of this Act and shall apply 
to appointments made after such date. 
SEC. 502. GRADE OF VICE CHIEF OF THE NATIONAL GUARD 
BUREAU. 
Section 10505 of title 10, United States Code, is 
amended by adding at the end the following new subsection: 
‘‘(c) GRADE.—(1) The Vice Chief of the National 
Guard Bureau shall be appointed to serve in the grade of 
general. 
‘‘(2) The Secretary of Defense shall designate, pursu-
ant to subsection (b) of section 526 of this title, the position 
of Vice Chief of the National Guard Bureau as one of the 
general officer and flag officer positions to be excluded from 
the limitations in subsection (a) of such section.’’. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00217
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
218 
SEC. 503. PROHIBITION ON PRIVATE FUNDING FOR INTER-
STATE DEPLOYMENT OF NATIONAL GUARD. 
(a) PROHIBITION.—Chapter 3 of title 32, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 329. Prohibition on private funding for interstate 
deployment 
‘‘A member of the National Guard may not be ordered 
to cross a border of a State to perform duty (under this 
title, title 10, or State active duty) if such duty is paid 
for with private funds, unless such duty is in response to 
a major disaster or emergency under section 401 of the Rob-
ert T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5170).’’. 
(b) TECHNICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘329. Prohibition on private funding for interstate deployment.’’. 
SEC. 504. 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 to read as follows: 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00218
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
219 
‘‘(A) Support of operations or missions under-
taken by the member’s unit at the request of the Presi-
dent or Secretary of Defense, with the consent of— 
‘‘(i) the chief executive officer of each State 
(as that term is defined in section 901 of this 
title) in which such operations or missions shall 
take place; and 
‘‘(ii) if such operations or missions shall 
take place in the District of Columbia, the 
Mayor of the District of Columbia.’’. 
SEC. 505. CONTINUED NATIONAL GUARD SUPPORT FOR 
FIREGUARD PROGRAM. 
The Secretary of Defense shall continue to support the 
FireGuard program with National Guard personnel to ag-
gregate, analyze, and assess multi-source remote sensing in-
formation for interagency partnerships in the initial detec-
tion and monitoring of wildfires until September 30, 2026. 
After such date, the Secretary may not reduce such support, 
or transfer responsibility for such support to an interagency 
partner, until 30 days after the date on which the Secretary 
submits to the Committees on Armed Services of the Senate 
and House of Representatives written notice of such pro-
posed change, and reasons for such change. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00219
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
220 
SEC. 506. STUDY ON REAPPORTIONMENT OF NATIONAL 
GUARD FORCE STRUCTURE BASED ON DO-
MESTIC RESPONSES. 
(a) STUDY.—The Secretary of Defense, in consultation 
with the Chief of the National Guard Bureau and the Adju-
tants General, shall conduct a study to determine whether 
to reapportion the force structure of the National Guard 
based on wartime and domestic response requirements. The 
study under shall include the following elements: 
(1) An assessment how domestic response mis-
sions affect recruitment and retention of qualified 
personnel, especially in States— 
(A) with the lowest ratios of National 
Guard members to the general population; and 
(B) that are most prone to natural disas-
ters. 
(2) An assessment how domestic response mis-
sions affect the ability of the National Guard of a 
State to ability to staff, equip, and ready a unit for 
its Federal missions. 
(3) An comparison of the costs of a response to 
a domestic incident in a State with— 
(A) units of the National Guard of such 
State; and 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00220
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
221 
(B) units of the National Guards of other 
States pursuant to an emergency management 
assistance compact. 
(4) Based on the recommendations in the 2021 
report of the National Guard Bureau titled ‘‘Impact 
of U.S. Population Trends on National Guard Force 
Structure’’, an assessment of— 
(A) challenges to recruiting members of the 
National Guard and allocating mission sets to 
other geographic regions; and 
(B) the ability to track and respond to do-
mestic migration trends in order to establish a 
baseline for force structure requirements. 
(5) In light of the limited authority of the Presi-
dent under section 104(c) of title 32, United States 
Code, an assessment of whether the number of mem-
bers of the National Guard is sufficient to reappor-
tion force structure to meet the requirements of domes-
tic responses and shifting populations. 
(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 on the results of the 
study under subsection (a). 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00221
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
222 
(c) STATE DEFINED.—In this section, the term ‘‘State’’ 
includes the various States and Territories, the Common-
wealth of Puerto Rico, and the District of Columbia. 
SEC. 507. REPORT ON FEASIBILITY AND ADVISABILITY OF 
INCLUDING 
CYBERSECURITY 
OPERATIONS 
AND MISSIONS TO PROTECT CRITICAL INFRA-
STRUCTURE BY MEMBERS OF THE NATIONAL 
GUARD IN CONNECTION WITH TRAINING OR 
OTHER DUTY. 
Not later than one year after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of 
Representatives a report on the feasibility and advisability 
of including in the duty described in section 502(f)(1) of 
title 32, United States Code, training or other duty relating 
to cybersecurity operations or missions undertaken by the 
member’s unit at the request of the Governor of the State 
concerned to protect critical infrastructure (as that term is 
defined in the Critical Infrastructures Protection Act of 
2001 (42 U.S.C. 5195c)). 
SEC. 508. ACCESS TO TOUR OF DUTY SYSTEM. 
(a) ACCESS.— 
(1) IN GENERAL.—Not later than one year after 
the date of the enactment of this Act, the Secretary of 
the Army shall ensure, subject to paragraph (2), that 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00222
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
223 
a member of the reserve components of the Army may 
access the Tour of Duty system using a personal 
internet-enabled device. 
(2) EXCEPTION.—The Secretary of the Army 
may restrict access to the Tour of Duty system on 
personal internet-enabled devices if the Secretary de-
termines such restriction is necessary to ensure the se-
curity and integrity of information systems and data 
of the United States. 
(b) TOUR OF DUTY SYSTEM DEFINED.—In this Act, 
the term ‘‘Tour of Duty system’’ means the online system 
of listings for opportunities to serve on active duty for mem-
bers of the reserve components of the Army and through 
which such a member may apply for such an opportunity, 
known as ‘‘Tour of Duty’’, or any successor to such system. 
Subtitle B—General Service 
Authorities and Military Records 
SEC. 511. PROHIBITION ON COMMISSIONING OR ENLIST-
MENT IN THE ARMED FORCES OF AN INDI-
VIDUAL CONVICTED OF A FELONY HATE 
CRIME. 
(a) PROHIBITION.—Section 657 of title 10, United 
States Code, is amended— 
(1) in the heading, by striking ‘‘sexual’’; and 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00223
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
224 
(2) in subsection (b), by adding at the end the 
following new paragraphs: 
‘‘(5) An offense under section 249 of title 18. 
‘‘(6) An offense under State or local law— 
‘‘(A) described in section 245(a)(1) of title 
18; or 
‘‘(B) the elements of which are substantially 
similar to those of an offense under section 247 
or 249 of title 18.’’. 
(b) CONFORMING AMENDMENT.—The table of sections 
at the beginning of chapter 37 of such title is amended by 
striking the item relating to section 657 and inserting the 
following: 
‘‘657. Prohibition on service in the armed forces by individuals convicted of cer-
tain offenses.’’. 
SEC. 512. REDUCTION IN SERVICE COMMITMENT REQUIRED 
FOR 
PARTICIPATION 
IN 
CAREER 
INTER-
MISSION PROGRAM OF A MILITARY DEPART-
MENT. 
Section 710(c)(3) of title 10, United States Code, is 
amended by striking ‘‘two months’’ and inserting ‘‘one 
month’’. 
SEC. 513. MODERNIZATION OF THE SELECTIVE SERVICE 
SYSTEM. 
(a) REFERENCE.—Except as expressly provided other-
wise, any reference in this section to a section or other pro-
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00224
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
225 
vision shall be deemed to be a reference to that section or 
other provision of the Military Selective Service Act (50 
U.S.C. 3801 et seq.). 
(b) PURPOSE OF SELECTIVE SERVICE.—Section 1(b) 
(50 U.S.C. 3801(b)) is amended— 
(1) by striking ‘‘armed strength’’ and inserting 
‘‘military strength’’; 
(2) by striking ‘‘insure’’ and inserting ‘‘ensure’’; 
and 
(3) by inserting before the period at the end the 
following: ‘‘by ensuring adequate personnel with the 
requisite capabilities to meet the mobilization needs of 
the Department of Defense during a national emer-
gency and not solely to provide combat replacements’’. 
(c) SOLEMNITY OF MILITARY SERVICE.—Section 3 (50 
U.S.C. 3802) is amended by adding at the end the following: 
‘‘(c) Regulations prescribed pursuant to subsection (a) 
shall include methods to convey to every person required 
to register the solemn obligation for military service in the 
event of a military draft.’’. 
(d) EXPANDED REGISTRATION TO ALL AMERICANS.— 
(1) Section 3(a) (50 U.S.C. 3802(a)) is amend-
ed— 
(A) by striking ‘‘male citizen’’ and inserting 
‘‘citizen’’; 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00225
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
226 
(B) by striking ‘‘male person’’ and insert-
ing ‘‘person’’; 
(C) by striking ‘‘present himself’’ and in-
serting ‘‘appear’’; and 
(D) by striking ‘‘so long as he’’ and insert-
ing ‘‘so long as such alien’’. 
(2) Section 4(e) (50 U.S.C. 3803(e)) is amended 
by striking ‘‘enlisted men’’ and inserting ‘‘enlisted 
persons’’. 
(3) Section 5 (50 U.S.C. 3805) is amended— 
(A) in subsection (a)(1)— 
(i) by striking ‘‘race or color’’ and in-
serting ‘‘race, color, sex, or gender’’; and 
(ii) by striking ‘‘call for men’’ and in-
serting ‘‘call for persons’’; and 
(B) in subsection (b), by striking ‘‘men’’ 
each place it appears and inserting ‘‘persons’’. 
(4) Section 6 (50 U.S.C. 3806) is amended— 
(A) in subsection (a)(1)— 
(i) by striking ‘‘enlisted men’’ and in-
serting ‘‘enlisted persons’’; and 
(ii) by striking ‘‘accrue to him’’ and 
inserting ‘‘accrue to such alien’’; and 
(B) in subsection (h)— 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00226
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
227 
(i) by striking ‘‘(other than wives 
alone, except in cases of extreme hardship)’’; 
and 
(ii) by striking ‘‘wives and children’’ 
and inserting ‘‘spouses and children’’. 
(5) Section 10(b)(3) (50 U.S.C. 3809(b)(3)) is 
amended— 
(A) by striking ‘‘the President is requested’’ 
and all that follows through ‘‘within its jurisdic-
tion’’ and inserting ‘‘the President is requested 
to appoint the membership of each local board so 
that each board has both male and female mem-
bers and, to the maximum extent practicable, it 
is proportionately representative of the race, na-
tional origin, and sex of those registrants within 
its jurisdiction’’; and 
(B) by striking ‘‘race or national origin’’ 
and inserting ‘‘race, sex, or national origin’’. 
(6) Section 16(a) (50 U.S.C. 3814(a)) is amend-
ed by striking ‘‘men’’ and inserting ‘‘persons’’. 
(e) MAINTAINING THE HEALTH OF THE SELECTIVE 
SERVICE SYSTEM.—Section 10(a) (50 U.S.C. 3809(a)) is 
amended by adding at the end the following new paragraph: 
‘‘(5) The Selective Service System shall conduct 
exercises periodically of all mobilization plans, sys-
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00227
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
228 
tems, and processes to evaluate and test the effective-
ness of such plans, systems, and processes. Once every 
4 years, the exercise shall include the full range of in-
ternal 
and 
interagency 
procedures 
to 
ensure 
functionality and interoperability and may take 
place as part of the Department of Defense mobiliza-
tion exercise under section 10208 of title 10, United 
States Code. The Selective Service System shall con-
duct a public awareness campaign in conjunction 
with each exercise to communicate the purpose of the 
exercise to the public.’’. 
(f) DUE PROCESS FOR FAILURE TO REGISTER.— 
(1) Section 12 (50 U.S.C. 3811) is amended— 
(A) in subsection (f)— 
(i) in paragraph (2), by inserting be-
fore the period at the end ‘‘or proof of reg-
istration in accordance with subsection 
(g)’’; 
(ii) in paragraph (3)— 
(I) in the first sentence, by strik-
ing ‘‘compliance’’ and inserting ‘‘com-
pliance or proof of registration’’; and 
(II) in the second sentence, by in-
serting before the period at the end ‘‘or 
proof of registration’’; and 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00228
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
229 
(iii) in paragraph (4), in the second 
sentence— 
(I) by striking ‘‘thereunder’’ and 
inserting ‘‘thereunder, or failure to 
provide proof of registration in accord-
ance with subsection (g),’’; and 
(II) by inserting before the period 
at the end ‘‘or has registered in accord-
ance with subsection (g)’’; and 
(B) in subsection (g)— 
(i) in paragraph (1), by striking ‘‘; 
and’’ and inserting ‘‘and the person shows 
by a preponderance of the evidence that the 
failure of the person to register was not a 
knowing and willful failure to register; or’’; 
and 
(ii) by amending paragraph (2) to 
read as follows: 
‘‘(2) the person was provided notice of the per-
son’s failure to register and the person registered 
within 30 days with the Selective Service System, re-
gardless of the person’s age at the time of registra-
tion.’’. 
(g) TECHNICAL
AND CONFORMING AMENDMENTS.— 
The Military Selective Service Act is amended— 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00229
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
230 
(1) in section 4 (50 U.S.C. 3803)— 
(A) in subsection (a) in the third undesig-
nated paragraph— 
(i) by striking ‘‘his acceptability in all 
respects, including his’’ and inserting ‘‘such 
person’s acceptability in all respects, in-
cluding such person’s’’; and 
(ii) by striking ‘‘he may prescribe’’ 
and inserting ‘‘the President may pre-
scribe’’; 
(B) in subsection (c)— 
(i) in paragraph (2), by striking ‘‘any 
enlisted member’’ and inserting ‘‘any per-
son who is an enlisted member’’; and 
(ii) in paragraphs (3), (4), and (5), by 
striking ‘‘in which he resides’’ and inserting 
‘‘in which such person resides’’; 
(C) in subsection (g), by striking ‘‘coordi-
nate with him’’ and inserting ‘‘coordinate with 
the Director’’; and 
(D) in subsection (k)(1), by striking ‘‘find-
ing by him’’ and inserting ‘‘finding by the Presi-
dent’’; 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00230
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
231 
(2) in section 5(d) (50 U.S.C. 3805(d)), by strik-
ing ‘‘he may prescribe’’ and inserting ‘‘the President 
may prescribe’’; 
(3) in section 6 (50 U.S.C. 3806)— 
(A) in subsection (c)(2)(D), by striking ‘‘he 
may prescribe’’ and inserting ‘‘the President 
may prescribe’’; 
(B) in subsection (d)(3), by striking ‘‘he 
may deem appropriate’’ and inserting ‘‘the 
President considers appropriate’’; and 
(C) in subsection (h), by striking ‘‘he may 
prescribe’’ each place it appears and inserting 
‘‘the President may prescribe’’; 
(4) in section 10 (50 U.S.C. 3809)— 
(A) in subsection (b)— 
(i) in paragraph (3)— 
(I) by striking ‘‘He shall create’’ 
and inserting ‘‘The President shall cre-
ate’’; and 
(II) by striking ‘‘upon his own 
motion’’ and inserting ‘‘upon the 
President’s own motion’’; 
(ii) in paragraph (4), by striking ‘‘his 
status’’ and inserting ‘‘such individual’s 
status’’; and 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00231
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
232 
(iii) in paragraphs (4), (6), (8), and 
(9), by striking ‘‘he may deem’’ each place 
it appears and inserting ‘‘the President con-
siders’’; and 
(B) in subsection (c), by striking ‘‘vested in 
him’’ and inserting ‘‘vested in the President’’; 
(5) in section 13(b) (50 U.S.C. 3812(b)), by 
striking ‘‘regulation if he’’ and inserting ‘‘regulation 
if the President’’; 
(6) in section 15 (50 U.S.C. 3813)— 
(A) in subsection (b), by striking ‘‘his’’ each 
place it appears and inserting ‘‘the registrant’s’’; 
and 
(B) in subsection (d), by striking ‘‘he may 
deem’’ and inserting ‘‘the President considers’’; 
(7) in section (16)(g) (50 U.S.C. 3814(g))— 
(A) in paragraph (1), by striking ‘‘who as 
his regular and customary vocation’’ and insert-
ing ‘‘who, as such person’s regular and cus-
tomary vocation,’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘one who as his cus-
tomary vocation’’ and inserting ‘‘a person 
who, as such person’s customary vocation,’’; 
and 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00232
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
233 
(ii) by striking ‘‘he is a member’’ and 
inserting ‘‘such person is a member’’; 
(8) in section (18)(a) (50 U.S.C. 3816(a)), by 
striking ‘‘he is authorized’’ and inserting ‘‘the Presi-
dent is authorized’’; 
(9) in section 21 (50 U.S.C. 3819)— 
(A) by striking ‘‘he is sooner’’ and inserting 
‘‘sooner’’; 
(B) by striking ‘‘he’’ each subsequent place 
it appears and inserting ‘‘such member’’; and 
(C) by striking ‘‘his consent’’ and inserting 
‘‘such member’s consent’’; 
(10) in section 22(b) (50 U.S.C. 38290(b)), in 
paragraphs (1) and (2), by striking ‘‘his’’ each place 
it appears and inserting ‘‘the registrant’s’’; and 
(11) except as otherwise provided in this sec-
tion— 
(A) by striking ‘‘he’’ each place it appears 
and inserting ‘‘such person’’; 
(B) by striking ‘‘his’’ each place it appears 
and inserting ‘‘such person’s’’; 
(C) by striking ‘‘him’’ each place it appears 
and inserting ‘‘such person’’; and 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00233
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
234 
(D) by striking ‘‘present himself’’ each place 
it appears in section 12 (50 U.S.C. 3811) and 
inserting ‘‘appear’’. 
(h) CONFORMING AMENDMENTS TO OTHER LAWS.— 
(1) Section 3328 of title 5, United States Code, 
is amended by striking subsection (a) and inserting 
the following: 
‘‘(a) An individual who was required to register under 
section 3 of the Military Selective Service Act (50 U.S.C. 
3803) but failed to meet the registration requirements of 
section 3 of that Act shall be ineligible for appointment to 
a position in an Executive agency, unless— 
‘‘(1) the requirement for the person to so register 
has terminated or become inapplicable to the person 
and the person shows by a preponderance of the evi-
dence that the failure of the person to register was not 
a knowing and willful failure to register; or 
‘‘(2) the person was provided notice of the per-
son’s failure to register and the person registered 
within 30 days with the Selective Service System, re-
gardless of the person’s age at the time of registra-
tion.’’. 
(2) Section 484(n) of the Higher Education Act 
of 1965 (20 U.S.C. 1091(n)) is amended by striking 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00234
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
235 
‘‘(50 U.S.C. App. 462(f))’’ and inserting ‘‘(50 U.S.C. 
3811(f))’’. 
(i) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the date of the enactment of this 
Act, except that the amendments made by subsections (d) 
and (h)(1) shall take effect one year after such date of enact-
ment. 
SEC. 514. IMPROVEMENTS TO MILITARY ACCESSIONS IN 
ARMED FORCES UNDER THE JURISDICTION 
OF THE SECRETARIES OF THE MILITARY DE-
PARTMENTS. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, each Secretary of a mili-
tary department shall take the following steps regarding 
military accessions in each Armed Force under the jurisdic-
tion of such Secretary: 
(1) Assess the prescribed medical standards for 
appointment as an officer, or enlistment as a mem-
ber, in such Armed Force. 
(2) Determine how to update the medical screen-
ing processes for appointment or enlistment. 
(3) Determine how to standardize operations 
across the military entrance processing stations. 
(4) Determine how to improve aptitude testing 
methods and standardized testing requirements. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00235
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
236 
(5) Implement improvements determined or 
identified under paragraphs (1) through (4). 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, each Secretary shall submit 
to the appropriate congressional committees a report con-
taining the results of carrying out this section and rec-
ommendations regarding legislation the Secretary deter-
mines necessary to improve such military accessions. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means— 
(1) The Committee on Armed Services of the 
House of Representatives. 
(2) The Committee on Armed Services of the 
Senate. 
(3) The Committee on Transportation and Infra-
structure of the House of Representatives. 
(4) The Committee on Commerce, Science, and 
Transportation of the Senate. 
SEC. 515. AUTHORIZATION OF PERMISSIVE TEMPORARY 
DUTY FOR WELLNESS. 
In order to reduce the rate of suicides in the Armed 
Forces, the Secretary of each military department shall pre-
scribe regulations that authorize a member of an Armed 
Force under the jurisdiction of such Secretary to take not 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00236
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
237 
more than two weeks of permissive temporary duty each 
year to attend a seminar, retreat, workshop, or outdoor rec-
reational therapy event— 
(a) hosted by a non-profit organization; and 
(b) that focuses on psychological, physical, spiritual, 
or social wellness. 
SEC. 516. REQUIRED STAFFING OF ADMINISTRATIVE SEPA-
RATION BOARDS. 
(a) IN GENERAL.—The Secretary of the military de-
partment concerned shall ensure that any administrative 
separation board under the jurisdiction of such Secretary 
has assigned to it the following: 
(1) A nonvoting legal advisor who shall be re-
sponsible for providing legal advice to the President 
of the board on— 
(A) the operations and procedures of the 
board; and 
(B) matters under consideration by the 
board. 
(2) A nonvoting recorder who shall be responsible 
for representing the separation authority in the in the 
proceedings before the board. 
(b) SELECTION AND SUPERVISION.— 
(1) IN GENERAL.—The nonvoting legal advisor 
referred to in subsection (a)(1) and the recorder re-
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00237
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
238 
ferred to in subsection (a)(2) shall each be selected by 
the staff judge advocate and each shall serve under the 
supervision of such staff judge advocate. 
(2) CERTIFICATION.—The staff judge advocate 
who selects the recorder under paragraph (1) shall in-
clude in the record of the proceedings of the board a 
written certification affirming that the recorder has 
the legal skills necessary to competently fulfill the du-
ties of that position. 
SEC. 517. ADMINISTRATIVE SEPARATION: MISCELLANEOUS 
AUTHORITIES AND REQUIREMENTS. 
Not later than one year after the date of the enactment 
of this Act, the Secretary of Defense and each Secretary of 
a military department shall prescribe regulations and guid-
ance for administrative separations of enlisted members 
under the jurisdiction of such Secretary that— 
(1) authorize the Secretary of the military de-
partment concerned to characterize an administrative 
discharge, considered by an administrative separation 
board under regulations prescribed by such Sec-
retary— 
(A) under any conditions (including other 
than honorable); and 
(B) notwithstanding the recommendation of 
such administrative separation board; and 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00238
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
239 
(2) in the case of an administrative separation 
on the basis of an offense by the member against an 
individual, allow such individual to request that at 
least one voting member of the administrative separa-
tion board be of the same gender, race, or ethnicity 
of such individual. 
SEC. 518. PROHIBITION ON ALGORITHMIC CAREER TERMI-
NATION. 
No funds authorized to be appropriated by this Act 
may be used to subject a member of the Armed Forces under 
the jurisdiction of a Secretary of a military department to 
discipline of any kind solely based on the output of an auto-
mated algorithmic, mathematical, or other analytic tool 
used in the evaluation of publicly available social media 
posts or other publicly available online activity attributable 
to such member, unless the Secretary concerned determines 
an imminent threat of physical violence exists. 
SEC. 519. PROHIBITION ON DISCIPLINE AGAINST A MEMBER 
BASED ON CERTAIN SOCIAL MEDIA. 
No funds authorized to be appropriated by this Act 
may be used to subject a member of the Armed Forces under 
the jurisdiction of a Secretary of a military department to 
discipline of any kind solely based on a comment, post, or 
other activity originating from a third party regarding a 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00239
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
240 
political matter on an online account, forum, or other elec-
tronic means owned, controlled, or operated by the member. 
SEC. 
519A. 
COMMAND 
OVERSIGHT 
OF 
MILITARY 
PRIVATIZED HOUSING AS ELEMENT OF PER-
FORMANCE EVALUATIONS. 
(a) EVALUATIONS IN GENERAL.—Each Secretary of a 
military department shall ensure that the performance eval-
uations of any individual described in subsection (b) under 
the jurisdiction of such Secretary indicates the extent to 
which such individual has or has not exercised effective 
oversight and leadership in the following: 
(1) Improving conditions of privatized housing 
under subchapter IV of chapter 169 of title 10, United 
States Code. 
(2) Addressing concerns with respect to such 
housing of members of the Armed Forces and their 
families who reside in such housing on an installa-
tion of the military department concerned. 
(b) COVERED
INDIVIDUALS.—The individuals de-
scribed in this subsection are as follows: 
(1) The commander of an installation of a mili-
tary department at which on-installation housing is 
managed by a landlord of privatized housing under 
subchapter IV of chapter 169 of title 10, United 
States Code. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00240
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
241 
(2) Each officer or senior enlisted member of the 
Armed Forces at an installation described in para-
graph (1) whose duties include facilities or housing 
management at such installation. 
(3) Any other officer or enlisted member of the 
Armed Forces (whether or not at an installation de-
scribed in paragraph (1)) as specified by the Sec-
retary of the military department concerned for pur-
poses of this section. 
SEC. 519B. FEASIBILITY STUDY ON ESTABLISHMENT OF 
HOUSING HISTORY FOR MEMBERS OF THE 
ARMED FORCES WHO RESIDE IN HOUSING 
PROVIDED BY THE UNITED STATES. 
(a) STUDY; REPORT.—Not later than September 30, 
2022, the Secretary of Defense shall— 
(1) conduct a feasibility study regarding the es-
tablishment of a standard record of housing history 
for members of the Armed Forces who reside in cov-
ered housing; and 
(2) submit to the appropriate congressional com-
mittees a report on the results of such study. 
(b) CONTENTS.—A record described in subsection (a) 
includes, with regards to each period during which the 
member concerned resided in covered housing, the following: 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00241
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
242 
(1) The assessment of the commander of the mili-
tary installation in which such housing is located, of 
the condition of such covered housing— 
(A) prior to the beginning of such period; 
and 
(B) in which the member concerned left 
such covered housing upon vacating such covered 
housing. 
(2) Contact information a housing provider may 
use to inquire about such a record. 
(c) ONLINE ACCESS.—A record described in subsection 
(a) would be accessible through a website, maintained by 
the Secretary of the military department concerned, through 
which a member of the Armed Forces under the jurisdiction 
of such Secretary may access such record of such member. 
(d) ISSUANCE.—The Secretary concerned would issue 
a copy of a described in subsection (a) to the member con-
cerned upon the separation, retirement, discharge, or dis-
missal of such member from the Armed Forces, with the DD 
Form 214 for such member. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means the following: 
(A) The Committee on Armed Services of 
the House of Representatives. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00242
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
243 
(B) The Committee on Armed Services of 
the Senate. 
(C) The Committee on Transportation and 
Infrastructure of the House of Representatives. 
(D) The Committee on Commerce, Science, 
and Transportation of the Senate. 
(2) The term ‘‘covered housing’’ means housing 
provided by the United States to a member of the 
Armed Forces. 
SEC. 519C. SEAMAN TO ADMIRAL-21 PROGRAM: CREDIT TO-
WARDS RETIREMENT. 
(a) CREDIT.—For each participant in the Seaman to 
Admiral-21 program during fiscal years 2010 through 2014 
for whom the Secretary of the Navy cannot find evidence 
of an acknowledgment that, before entering a baccalaureate 
degree program, service during the baccalaureate degree 
program would not be included when computing years of 
service for retirement, the Secretary shall include service 
during the baccalaureate degree program when com-
puting— 
(1) years of service; and 
(2) retired or retainer pay. 
(b) REPORT REQUIRED.—The Secretary shall submit 
a report to the Committees on Armed Services of the Senate 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00243
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
244 
and House of Representatives regarding the number of par-
ticipants credited with service under subsection (a). 
(c) DEADLINE.—The Secretary shall carry out this sec-
tion not later than 180 days after the date of the enactment 
of this Act. 
SEC. 519D. PROGRESS REPORT ON IMPLEMENTATION OF 
GAO RECOMMENDATIONS REGARDING CA-
REER PATHS FOR SURFACE WARFARE OFFI-
CERS OF THE NAVY. 
(a) PROGRESS REPORT.—Not later than one year after 
the date of the enactment of this Act, the Secretary of the 
Navy shall submit to the congressional defense committees 
a progress report on implementation of the recommenda-
tions for executive action in the report of the Government 
Accountability Office titled ‘‘Navy Readiness: Actions Need-
ed to Evaluate and Improve Surface Warfare Officer Career 
Path’’ (GAO–21–168). The report shall include the fol-
lowing: 
(1) Actions taken to develop plans to improve re-
tention of SWOs, with a focus on retention of female 
SWOs, including specific goals, performance meas-
ures, and timelines. 
(2) Actions taken to analyze relevant logbook 
data for trends between the number of SWOs aboard 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00244
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
246 
(C) the implementation of pilot programs to 
evaluate potential changes that address the re-
sults of such initial evaluation. 
(b) SWO DEFINED.—In this section, the term ‘‘SWO’’ 
means ‘‘surface warfare officer’’. 
SEC. 519E. INDEPENDENT ASSESSMENT OF RETENTION OF 
FEMALE SURFACE WARFARE OFFICERS. 
(a) IN GENERAL.—The Secretary of Defense shall seek 
to enter into an agreement with a nonprofit entity or a 
federally funded research and development center inde-
pendent of the Department of Defense to conduct research 
and analysis on the gender gap in retention of surface war-
fare officers in the Navy. 
(b) ELEMENTS.—The research and analysis conducted 
under subsection (a) shall include consideration of the fol-
lowing: 
(1) Demographics of surface warfare officers, 
disaggregated by gender, including— 
(A) race; 
(B) ethnicity; 
(C) socioeconomic status; 
(D) marital status (including whether the 
spouse is a member of the Armed Forces and, if 
so, the length of service of such spouse); 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00246
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
247 
(E) whether the officer has children (includ-
ing number and age or ages of children); 
(F) whether an immediate family member 
serves or has served as a member of the Armed 
Forces; and 
(G) the percentage of such officers who— 
(i) indicate an intent to complete only 
an initial service agreement; and 
(ii) complete only an initial service 
agreement. 
(2) Whether there is a correlation between the 
number of female surface warfare officers serving on 
a vessel and responses of such officers to command cli-
mate surveys. 
(3) An anonymous but traceable study of com-
mand climate results to— 
(A) correlate responses from particular fe-
male surface warfare officers with resignation; 
and 
(B) compare attitudes of first-tour and sec-
ond-tour female surface warfare officers. 
(4) Recommendations based on the findings 
under paragraphs (1), (2), and (3). 
(c) REPORTS.— 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00247
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
248 
(1) IN GENERAL.—Not later than 270 days after 
the date on which a nonprofit entity or federally 
funded research and development center enters into an 
agreement under subsection (a) with the Secretary of 
Defense, such entity or center shall submit to the Sec-
retary of Defense a report on the results of the re-
search and analysis under subsection (a). 
(2) SUBMISSION TO CONGRESS.—Not later than 
one year after the date of the enactment of this Act, 
the Secretary of Defense shall submit to the congres-
sional defense committees each of the following: 
(A) A copy of the report submitted under 
paragraph (1) without change. 
(B) Any comments, changes, recommenda-
tions, or other information provided by the Sec-
retary of Defense relating to the research and 
analysis under subsection (a) and contained in 
such report. 
Subtitle C—Military Justice and 
Other Legal Matters 
SEC. 521. RIGHTS OF THE VICTIM OF AN OFFENSE UNDER 
THE UNIFORM CODE OF MILITARY JUSTICE. 
(a) IN GENERAL.—Section 806b(a) of title 10, United 
States Code (article 6b(a) of the Uniform Code of Military 
Justice) is amended— 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00248
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
249 
(1) by redesignating paragraph (8) as para-
graph (9); and 
(2) by inserting after paragraph (7) the fol-
lowing new paragraph: 
‘‘(8) The right to be informed in a timely man-
ner of any pre-trial agreement, separation-in-lieu-of- 
trial agreement, or non-prosecution agreement relat-
ing to the offense, unless providing such information 
would jeopardize another law enforcement proceeding 
or would violate the privacy concerns of an indi-
vidual other than the accused.’’. 
(b) POLICY
ON INFORMATION PROVIDED
TO VIC-
TIMS.— 
(1) UNIFORM POLICY REQUIRED.—Not later than 
one year after the date of the enactment of this Act, 
the Secretary of Defense, in consultation with the Sec-
retary of the Department in which the Coast Guard 
is operating, shall establish a uniform policy for the 
sharing of the following information relating to the 
victim of an offense under chapter 47 of title 10, 
United States Code (the Uniform Code of Military 
Justice), with a Special Victims’ Counsel or Victims’ 
Legal Counsel representing such victim: 
(A) Any recorded statements of the victim to 
investigators. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00249
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
250 
(B) The record of any forensic examination 
of the person or property of the victim, including 
the record of any sexual assault forensic exam of 
the victim that is in possession of investigators 
or the Government. 
(C) Any other personal or medical record of 
the victim that is in the possession of investiga-
tors or the Government. 
(2) EXCEPTION FOR WITHHOLDING OF INFORMA-
TION IN CERTAIN CIRCUMSTANCES.—The policy under 
paragraph (1) may set forth circumstances in which 
the information specified in such paragraph may be 
withheld for the purpose of protecting the integrity of 
an investigation or criminal proceeding. 
SEC. 522. COMMANDING OFFICER’S NON-JUDICIAL PUNISH-
MENT. 
(a) IN GENERAL.—Section 815 of title 10, United 
States Code (article 15 of the Uniform Code of Military Jus-
tice), is amended— 
(1) by redesignating subsections (c) through (g) 
as subsections (d) through (h), respectively; 
(2) by inserting after subsection (b), the fol-
lowing new subsection: 
‘‘(c)(1) Except as provided in paragraphs (2) and (3), 
a commanding officer may not impose a punishment au-
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00250
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
251 
thorized in subsection (b) unless, before the imposition of 
such punishment, the commanding officer— 
‘‘(A) requests and receives legal guidance regard-
ing the imposition of such punishment from a judge 
advocate or other legal officer of the armed force of 
which the commanding officer is a member; and 
‘‘(B) provides the member who may be subject to 
such punishment with an opportunity to consult ap-
propriate legal counsel. 
‘‘(2) Paragraph (1) shall not apply to the punishments 
specified in subparagraphs (E) and (F) of subsection (b)(2). 
‘‘(3) A commanding officer may waive the require-
ments set forth in subparagraphs (A) and (B) of paragraph 
(1), on a case by case basis, if the commanding officer deter-
mines such a waiver is necessary in the national security 
interests of the United States.’’; and 
(3) in subsection (f), as so redesignated, by strik-
ing ‘‘subsection (d)’’ and inserting ‘‘subsection (e)’’. 
(b) EFFECTIVE
DATE
AND
APPLICABILITY.—The 
amendments made by subsection (a) shall take effect 180 
days after the date of the enactment of this Act and shall 
apply with respect to punishments imposed under section 
815 of title 10, United States Code (article 15 of the Uni-
form Code of Military Justice), on or after such effective 
date. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00251
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
252 
(c) ADDITIONAL GUIDANCE REQUIRED.—Not later 
than one year after the date of the enactment of this Act, 
each Secretary of a military department shall prescribe reg-
ulations or issue other written guidance with respect to non- 
judicial punishment under section 815 of title 10, United 
States Code (article 15 of the Uniform Code of Military Jus-
tice) that— 
(1)(A) identifies criteria to be considered when 
determining whether a member of the armed forces is 
attached to or embarked in a vessel for the purposes 
of determining whether such member may demand 
trial by court-martial in lieu of punishment under 
such section (article); and 
(B) establishes a policy about the appropriate 
and responsible invocation of such exception; and 
(2) establishes criteria commanders must con-
sider when evaluating whether to issue a waiver 
under subsection (c)(3) of such section (article) (as 
added by subsection (a) of this section) on the basis 
of the national security interests of the United States. 
SEC. 523. SELECTION PROCESS FOR MEMBERS TO SERVE 
ON COURTS-MARTIAL. 
Section 825(e) of title 10, United States Code (article 
25(e) of the Uniform Code of Military Justice), is amend-
ed— 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00252
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
253 
(1) by redesignating paragraphs (1), (2), and (3) 
as paragraphs (3), (4), and (5), respectively; 
(2) by inserting before paragraph (3), as so re-
designated, the following new paragraphs: ‘‘(1) When 
convening a court-martial, the convening authority 
shall detail as members thereof members of the armed 
forces under such regulations as the President may 
prescribe for the randomized selection of qualified per-
sonnel available to the convening authority for detail. 
‘‘(2) The randomized selection process developed and 
implemented under paragraph (1) may include parameter 
controls that— 
‘‘(A) allow for exclusions based on scheduling 
availability; 
‘‘(B) allow for controls based on military rank; 
and 
‘‘(C) allow for controls to promote gender, racial, 
and ethnic diversity and inclusion.’’; and 
(3) in paragraph (4), as so redesignated, by— 
(A) striking the first sentence; and 
(B) striking ‘‘when he is’’ and inserting 
‘‘when the member is’’. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00253
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
254 
SEC. 524. PETITION FOR DNA TESTING UNDER THE UNI-
FORM CODE OF MILITARY JUSTICE. 
(a) IN GENERAL.—Subchapter IX of chapter 47 of title 
10, United States Code (the Uniform Code of Military Jus-
tice), is amended by inserting after section 873 (article 73) 
the following new section (article): 
‘‘§ 873a. Art. 73a. Petition for DNA testing 
‘‘(a) IN GENERAL.—Upon a written petition by an ac-
cused sentenced to imprisonment or death pursuant to a 
conviction under this chapter (referred to in this section 
as the ‘applicant’), the Judge Advocate General shall order 
DNA testing of specific evidence if the Judge Advocate Gen-
eral finds that all of the following apply: 
‘‘(1) The applicant asserts, under penalty of per-
jury, that the applicant is actually innocent of the of-
fense for which the applicant is sentenced to impris-
onment or death. 
‘‘(2) The specific evidence to be tested was se-
cured in relation to the investigation or prosecution 
of the offense referenced in the applicant’s assertion 
under paragraph (1). 
‘‘(3) The specific evidence to be tested— 
‘‘(A) was not previously subjected to DNA 
testing and the applicant did not knowingly fail 
to request DNA testing of that evidence in a 
prior motion for postconviction DNA testing; or 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00254
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
255 
‘‘(B) was previously subjected to DNA test-
ing and the applicant is requesting DNA testing 
using a new method or technology that is sub-
stantially more probative than the prior DNA 
testing. 
‘‘(4) The specific evidence to be tested is in the 
possession of the Government and has been subject to 
a chain of custody and retained under conditions suf-
ficient to ensure that such evidence has not been sub-
stituted, contaminated, tampered with, replaced, or 
altered in any respect material to the proposed DNA 
testing. 
‘‘(5) The proposed DNA testing is reasonable in 
scope, uses scientifically sound methods, and is con-
sistent with accepted forensic practices. 
‘‘(6) The applicant identifies a theory of defense 
that— 
‘‘(A) is not inconsistent with an affirmative 
defense presented at trial; and 
‘‘(B) would establish the actual innocence of 
the applicant of the offense referenced in the ap-
plicant’s assertion under paragraph (1). 
‘‘(7) If the applicant was convicted following a 
trial, the identity of the perpetrator was at issue in 
the trial. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00255
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
256 
‘‘(8) The proposed DNA testing of the specific 
evidence may produce new material evidence that 
would— 
‘‘(A) support the theory of defense referenced 
in paragraph (6); and 
‘‘(B) raise a reasonable probability that the 
applicant did not commit the offense. 
‘‘(9) The applicant certifies that the applicant 
will provide a DNA sample for purposes of compari-
son. 
‘‘(10) The petition is made in a timely fashion, 
subject to the following conditions: 
‘‘(A) There shall be a rebuttable presump-
tion of timeliness if the petition is made within 
five years of the enactment of the National De-
fense Authorization Act for Fiscal Year 2022 or 
within three years after the date of the entry of 
judgment under section 860c of this title (article 
60c), whichever comes later. Such presumption 
may be rebutted upon a showing— 
‘‘(i) that the applicant’s petition for a 
DNA test is based solely upon information 
used in a previously denied motion; or 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00256
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
257 
‘‘(ii) of clear and convincing evidence 
that the applicant’s filing is done solely to 
cause delay or harass. 
‘‘(B) There shall be a rebuttable presump-
tion against timeliness for any petition not sat-
isfying subparagraph (A) above. Such presump-
tion may be rebutted upon the Judge Advocate 
General’s finding— 
‘‘(i) that the applicant was or is in-
competent and such incompetence substan-
tially contributed to the delay in the appli-
cant’s motion for a DNA test; 
‘‘(ii) the evidence to be tested is newly 
discovered DNA evidence; 
‘‘(iii) that the applicant’s petition is 
not based solely upon the applicant’s own 
assertion of innocence and, after considering 
all relevant facts and circumstances sur-
rounding the petition, a denial would result 
in a manifest injustice; or 
‘‘(iv) upon good cause shown. 
‘‘(C) For purposes of this paragraph— 
‘‘(i) the term ‘incompetence’ has the 
meaning given that term in section 876b of 
this chapter (article 76b); 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00257
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
258 
‘‘(ii) the term ‘manifest’ means that 
which is unmistakable, clear, plain, or in-
disputable and requires that the opposite 
conclusion be clearly evident. 
‘‘(b) APPEAL OF DENIAL.— The applicant may appeal 
the Judge Advocate General’s denial of the petition of DNA 
testing to the Court of Appeals for the Armed Forces. 
‘‘(c) EVIDENCE INVENTORY; PRESERVATION ORDER; 
APPOINTMENT OF COUNSEL.— 
‘‘(1) INVENTORY.—The Judge Advocate General 
shall order the preparation of an inventory of the evi-
dence related to the case for which a petition is made 
under subsection (a), which shall be provided to the 
applicant. 
‘‘(2) PRESERVATION ORDER.—To the extent nec-
essary to carry out proceedings under this section, the 
Judge Advocate General shall direct the preservation 
of the specific evidence relating to a petition under 
subsection (a). 
‘‘(3) APPOINTMENT OF COUNSEL.—The applicant 
shall be eligible for representation by appellate defense 
counsel under section 870 of this chapter (article 70). 
‘‘(d) TESTING COSTS.—The costs of any DNA testing 
ordered under this section shall be paid by the Government. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00258
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
259 
‘‘(e) TIME LIMITATION IN CAPITAL CASES.—In any 
case in which the applicant is sentenced to death— 
‘‘(1) any DNA testing ordered under this section 
shall be completed not later than 60 days after the 
date on which the test is ordered by the Judge Advo-
cate General; and 
‘‘(2) not later than 120 days after the date on 
which the DNA testing ordered under this section is 
completed, the Judge Advocate General shall order 
any post-testing procedures under subsection (f) or 
(g), as appropriate. 
‘‘(f) DISCLOSURE OF TEST RESULTS.—Reporting of 
test results shall be simultaneously disclosed to the Govern-
ment and the applicant. 
‘‘(g) POST-TESTING PROCEDURES; INCONCLUSIVE AND 
INCULPATORY RESULTS.— 
‘‘(1) INCONCLUSIVE RESULTS.—If DNA test re-
sults obtained under this section are inconclusive, the 
Judge Advocate General may order further testing, if 
appropriate, or may deny the applicant relief. 
‘‘(2) INCULPATORY RESULTS.—If DNA test re-
sults obtained under this section show that the appli-
cant was the source of the DNA evidence, the Judge 
Advocate General shall— 
‘‘(A) deny the applicant relief; and 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00259
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
260 
‘‘(B) if the DNA test results relate to a 
State offense, forward the finding to any appro-
priate State official. 
‘‘(h) POST-TESTING PROCEDURES; MOTION FOR NEW 
TRIAL OR RESENTENCING.— 
‘‘(1) IN GENERAL.—Notwithstanding any provi-
sion of law that would bar a motion under this para-
graph as untimely, if DNA test results obtained under 
this section exclude the applicant as the source of the 
DNA evidence, the applicant may file a petition for 
a new trial or resentencing, as appropriate. 
‘‘(2) STANDARD FOR GRANTING MOTION FOR NEW 
TRIAL OR RESENTENCING.—The applicant’s petition 
for a new trial or resentencing, as appropriate, shall 
be granted if the DNA test results, when considered 
with all other evidence in the case (regardless of 
whether such evidence was introduced at trial), estab-
lish by compelling evidence that a new trial would re-
sult in the acquittal of the applicant. 
‘‘(i) RELATIONSHIP TO OTHER LAWS.— 
‘‘(1) POST-CONVICTION RELIEF.—Nothing in this 
section shall affect the circumstances under which a 
person may obtain DNA testing or post-conviction re-
lief under any other provision of law. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00260
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
261 
‘‘(2) HABEAS CORPUS.—Nothing in this section 
shall provide a basis for relief in any Federal habeas 
corpus proceeding.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such subchapter is amended by inserting 
after the item relating to section 873 (article 73) the fol-
lowing new item: 
‘‘873a. 73a. Petition for DNA testing.’’. 
SEC. 525. PUNITIVE ARTICLE ON VIOLENT EXTREMISM. 
(a) VIOLENT EXTREMISM.— 
(1) IN GENERAL.—Subchapter X of chapter 47 of 
title 10, United States Code, is amended by inserting 
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 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00261
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
262 
‘‘(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, disability 
status, national origin, sexual orientation, 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 of-
fense’ 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); 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00262
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
264 
punishable under section 881 of this title (article 
81); 
‘‘(M) solicitation to commit an offense spec-
ified in any of subparagraphs (A) through (K), 
as punishable under section 882 of this title (ar-
ticle 82); or 
‘‘(N) an attempt to commit an offense speci-
fied in any of subparagraphs (A) through (K), as 
punishable under section 880 of this title (article 
80). 
‘‘(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 amended 
by inserting after the item relating to section 916 (ar-
ticle 116) the following new item: 
‘‘916a. 116a. Violent extremism.’’. 
(b) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on the date of the enactment 
of this Act and shall apply to offenses committed on or after 
such date. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00264
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
265 
SEC. 526. CLARIFICATIONS OF PROCEDURE IN INVESTIGA-
TIONS 
OF 
PERSONNEL 
ACTIONS 
TAKEN 
AGAINST MEMBERS OF THE ARMED FORCES 
IN RETALIATION FOR PROTECTED COMMU-
NICATIONS. 
(a) IN GENERAL.—Subparagraphs (D) and (E) of 
paragraph (4) of section 1034(c) of title 10, United States 
Code, are amended to read as follows: 
‘‘(D)(i) Upon determining that an investigation of an 
allegation under paragraph (1) is warranted, the Inspector 
General making the determination shall expeditiously in-
vestigate the allegation to determine whether the protected 
communication or activity under subsection (b) was a con-
tributing factor in the personnel action prohibited under 
subsection (b) that was taken or withheld (or threatened to 
be taken or withheld) against a member of the armed forces. 
‘‘(ii) In the case of a determination made by the In-
spector General of the Department of Defense, that Inspector 
General may delegate responsibility for the investigation to 
an appropriate Inspector General of a military department. 
‘‘(iii) The member alleging the prohibited personnel 
action may use circumstantial evidence to demonstrate that 
the protected communication or activity under subsection 
(b) was a contributing factor in the personnel action pro-
hibited under subsection (b). Such circumstantial evidence 
may include that the person taking such prohibited per-
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00265
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
266 
sonnel action knew of the protected communication or activ-
ity, and that the prohibited personnel action occurred with-
in a period of time such that a reasonable person could con-
clude that the communication or protected activity was a 
contributing factor in the personnel action. 
‘‘(iv) If the Inspector General determines it likelier 
than not that the member made a communication or par-
ticipated in an activity protected under subsection (b) that 
was a contributing factor in a personnel action described 
in such subsection, the Inspector General shall presume such 
personnel action to be prohibited under such subsection un-
less the Inspector General determines there is clear and con-
vincing evidence that the same personnel action would have 
occurred in the absence of such protected communication 
or activity. 
‘‘(E) If the Inspector General preliminarily determines 
in an investigation under subparagraph (D) that a per-
sonnel action prohibited under subsection (b) has occurred 
and that such personnel action shall result in an immediate 
hardship to the member alleging the personnel action, the 
Inspector General shall promptly notify the Secretary of the 
military department concerned or the Secretary of Home-
land Security, as applicable, of the hardship, and such Sec-
retary shall take such action as such Secretary determines 
appropriate.’’. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00266
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
267 
(b) TECHNICAL AMENDMENTS.—Such paragraph is 
further amended in subparagraphs (A) and (B) by striking 
‘‘subsection (h)’’ both places it appears and inserting ‘‘sub-
section (i)’’. 
SEC. 527. ACTIVITIES TO IMPROVE FAMILY VIOLENCE PRE-
VENTION AND RESPONSE. 
(a) DELEGATION OF AUTHORITY TO AUTHORIZE EX-
CEPTIONAL ELIGIBILITY FOR CERTAIN BENEFITS.—Para-
graph (4) of section 1059(m) of title 10, United States Code, 
is amended to read as follows: 
‘‘(4)(A) Except as provided in subparagraph (B), the 
authority of the Secretary concerned under paragraph (1) 
may not be delegated. 
‘‘(B) During the two year period following the date 
of the enactment of the National Defense Authorization Act 
for Fiscal Year 2022, the authority of the Secretary con-
cerned under paragraph (1) may be delegated to an official 
at the Assistant Secretary-level or above. Any exercise of 
such delegated authority shall be reported to the Secretary 
concerned on a quarterly basis.’’. 
(b) EXTENSION OF REQUIREMENT FOR ANNUAL FAM-
ILY ADVOCACY PROGRAM REPORT REGARDING CHILD 
ABUSE AND DOMESTIC VIOLENCE.—Section 574(a) of the 
National Defense Authorization Act for Fiscal Year 2017 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00267
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
268 
(Public Law 114–328; 130 Stat. 2141) is amended by strik-
ing ‘‘April 30, 2021’’ and inserting ‘‘April 30, 2026’’. 
(c) IMPLEMENTATION
OF COMPTROLLER GENERAL 
RECOMMENDATIONS.— 
(1) IN
GENERAL.—Consistent with the rec-
ommendations set forth in the report of the Comp-
troller General of the United States titled ‘‘Domestic 
Abuse: Actions Needed to Enhance DOD’s Prevention, 
Response, and Oversight’’ (GAO–21–289), the Sec-
retary of Defense, in consultation with the Secretaries 
of the military departments, shall carry out the ac-
tivities specified in subparagraphs (A) through (K). 
(A) DOMESTIC
ABUSE
DATA.—Not later 
than 180 days after the date of the enactment of 
this Act, the Secretary of Defense, in consulta-
tion with the Secretaries of the military depart-
ments, shall carry out each of the following: 
(i) Issue guidance to the Secretaries of 
the military departments to clarify and 
standardize the process for collecting and 
reporting data on domestic abuse in the 
Armed Forces, including— 
(I) data on the numbers and types 
of domestic abuse and domestic vio-
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00268
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
269 
lence incidents involving members of 
the Armed Forces; 
(II) the information required to be 
reported to the database on domestic 
violence incidents under section 1562 
of title 10, United States Code; and 
(III) data for inclusion in the re-
ports regarding child abuse and domes-
tic violence required to be submitted 
under section 574 of the National De-
fense Authorization Act for Fiscal Year 
2017 (Public Law 114–328; 130 Stat. 
2141). 
(ii) Develop a quality control process 
to ensure the accurate and complete report-
ing of data on allegations of abuse involving 
a member of the Armed Forces, including 
allegations of abuse that do not meet the De-
partment of Defense definition of domestic 
abuse. 
(iii) Expand the scope of any report-
ing to Congress that includes data on do-
mestic abuse in the Armed Forces to include 
data on and analysis of the types of allega-
tions of domestic abuse. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00269
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
271 
(I) the duties of such organiza-
tions and elements; and 
(II) the manner in which such or-
ganizations and elements coordinate 
their activities. 
(C) REGULATIONS FOR VIOLATION OF CIVIL-
IAN ORDERS OF PROTECTION.—The Secretary of 
Defense shall revise or issue regulations (as ap-
plicable) to ensure that each Secretary of a mili-
tary department provides, to any member of the 
Armed Forces under the jurisdiction of such Sec-
retary who is subject to a civilian order of pro-
tection, notice that the violation of such order 
may be punishable under chapter 47 of title 10, 
United States Code (the Uniform Code of Mili-
tary Justice). 
(D) AGREEMENTS
WITH
CIVILIAN
VICTIM 
SERVICE ORGANIZATIONS.— 
(i) GUIDANCE
REQUIRED.—The Sec-
retary of Defense, in consultation with the 
Secretaries of the military departments, 
shall issue guidance pursuant to which per-
sonnel of a Family Advocacy Program at a 
military installation may enter into memo-
randa of understanding with qualified civil-
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00271
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
272 
ian victim service organizations for pur-
poses of providing services to victims of do-
mestic abuse in accordance with clause (ii). 
(ii) CONTENTS
OF
AGREEMENT.—A 
memorandum of understanding entered into 
under clause (i) shall provide that personnel 
of a Family Advocacy Program at a mili-
tary installation may refer a victim of do-
mestic abuse to a qualified civilian victim 
service organization if such personnel deter-
mine that— 
(I) the services offered at the in-
stallation are insufficient to meet the 
victim’s needs; or 
(II) such a referral would other-
wise benefit the victim. 
(E) SCREENING AND REPORTING OF INITIAL 
ALLEGATIONS.—The Secretary of Defense, in 
consultation with the Secretaries of the military 
departments, shall develop and implement a 
standardized process— 
(i) to ensure consistency in the manner 
in which allegations of domestic abuse are 
screened and documented at military instal-
lations, including by ensuring that allega-
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00272
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
273 
tions of domestic abuse are documented re-
gardless of the severity of the incident; 
(ii) that uses a risk-based approach to 
consistently identify, from among such alle-
gations of domestic abuse, the allegations 
that should be presented to an Incident De-
termination Committee; and 
(iii) to ensure consistency in the form 
and manner in which such allegations are 
presented to Incident Determination Com-
mittees. 
(F) IMPLEMENTATION AND OVERSIGHT OF 
INCIDENT DETERMINATION COMMITTEES.— 
(i) IMPLEMENTATION.—The Secretary 
of Defense, in consultation with the Secre-
taries of the military departments, shall en-
sure that Incident Determination Commit-
tees are fully implemented within each 
Armed Force. 
(ii) OVERSIGHT
AND
MONITORING.— 
The Secretary of Defense shall— 
(I) direct the Under Secretary of 
Defense for Personnel and Readiness to 
conduct oversight of the activities of the 
Incident Determination Committees of 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00273
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
274 
the Armed Forces on an ongoing basis; 
and 
(II) establish a formal process 
through which the Under Secretary 
will monitor Incident Determination 
Committees to ensure that the activities 
of such Committees are conducted in 
an consistent manner in accordance 
with the applicable policies of the De-
partment of Defense and the Armed 
Forces. 
(G) REASONABLE
SUSPICION
STANDARD 
FOR INCIDENT REPORTING.—Not later than 90 
days after the date of the enactment of the Act, 
the Secretary of Defense, in consultation with the 
Secretaries of the military departments, shall 
issue regulations— 
(i) under which the personnel of a 
Family Advocacy Program shall be required 
to report an allegation of domestic abuse to 
an Incident Determination Committee if 
there is reasonable suspicion that the abuse 
occurred; and 
(ii) that fully define and establish 
standardized 
criteria 
for 
determining 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00274
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
275 
whether an allegation of abuse meets the 
reasonable suspicion standard referred to in 
clause (i). 
(H) GUIDANCE FOR VICTIM RISK ASSESS-
MENT.—The Secretary of Defense, in consulta-
tion with the Secretaries of the military depart-
ments, shall issue guidance that— 
(i) identifies the risk assessment tools 
that must be used by Family Advocacy Pro-
gram personnel to assess reports of domestic 
abuse; and 
(ii) establishes minimum qualifications 
for the personnel responsible for using such 
tools. 
(I) IMPROVING FAMILY ADVOCACY PROGRAM 
AWARENESS CAMPAIGNS.—The Secretary of De-
fense, in consultation with the Secretaries of the 
military departments, shall develop and imple-
ment— 
(i) a communications strategy to sup-
port the Armed Forces in increasing aware-
ness of the options and resources available 
for reporting incidents of domestic abuse; 
and 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00275
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
276 
(ii) metrics to evaluate the effectiveness 
of domestic abuse awareness campaigns 
within the Department of Defense and the 
Armed Forces, including by identifying a 
target audience and defining measurable ob-
jectives for such campaigns. 
(J) ASSESSMENT
OF
THE
DISPOSITION 
MODEL FOR DOMESTIC VIOLENCE.—As part of 
the independent analysis required by section 
549C of the William M. (Mac) Thornberry Na-
tional Defense Authorization Act for Fiscal Year 
2021 (Public Law 116–283) the Secretary of De-
fense shall include an assessment of— 
(i) the risks and consequences of the 
disposition model for domestic violence in 
effect as of the date of the enactment of this 
Act, including the risks and consequences of 
such model with respect to— 
(I) the eligibility of victims for 
transitional compensation and other 
benefits; and 
(II) the eligibility of perpetrators 
of domestic violence to possess firearms 
and any related effects on the military 
service of such individuals; and 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00276
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
277 
(ii) the feasibility and advisability es-
tablishing alternative disposition models for 
domestic violence, including an assessment 
of the advantages and disadvantages of each 
proposed model. 
(K) FAMILY
ADVOCACY
PROGRAM
TRAIN-
ING.— 
(i) TRAINING FOR COMMANDERS AND 
SENIOR
ENLISTED
ADVISORS.—The Sec-
retary of Defense, in consultation with the 
Secretaries of the military departments, 
shall— 
(I) ensure that the Family Advo-
cacy Program training provided to in-
stallation-level commanders and senior 
enlisted advisors of the Armed Forces 
meets the applicable requirements of 
the Department of Defense; and 
(II) shall provide such additional 
guidance and sample training mate-
rials as may be necessary to improve 
the consistency of such training. 
(ii) TRAINING
FOR
CHAPLAINS.—The 
Secretary of Defense shall— 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00277
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
278 
(I) require that chaplains of the 
Armed Forces receive Family Advocacy 
Program training; 
(II) establish content requirements 
and learning objectives for such train-
ing; and 
(III) 
provide 
such 
additional 
guidance and sample training mate-
rials as may be necessary to effectively 
implement such training. 
(iii) TRAINING
COMPLETION
DATA.— 
The Secretary of Defense, in consultation 
with the Secretaries of the military depart-
ments, shall develop a process to ensure the 
quality and completeness of data indicating 
whether members of the Armed Forces who 
are required to complete Family Advocacy 
Program training, including installation- 
level commanders and senior enlisted advi-
sors, have completed such training. 
(2) GENERAL IMPLEMENTATION DATE.—Except 
as otherwise provided in paragraph (1), the Secretary 
of Defense shall complete the implementation of the 
activities specified in such paragraph by not later 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00278
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
279 
than one year after the date of the enactment of this 
Act. 
(3) QUARTERLY
STATUS
REPORT.—Not later 
than 90 days after the date of the enactment of this 
Act and on a quarterly basis thereafter until the date 
on which all of the activities specified in paragraph 
(1) have been implemented, the Secretary of Defense 
shall submit to the appropriate congressional commit-
tees a report on the status of the implementation of 
such activities. 
(d) IMPROVING AWARENESS REGARDING FAMILY AD-
VOCACY PROGRAMS AND OTHER SIMILAR SERVICES.— 
(1) PILOT PROGRAM ON INFORMATION FOR FAMI-
LIES ENROLLING IN DEERS.—The Secretary of De-
fense shall carry out a pilot program to assess the fea-
sibility and advisability of various mechanisms to in-
form military families about the Family Advocacy 
Programs and resiliency training of the Armed Forces 
during their enrollment in the Defense Enrollment 
Eligibility Reporting System. The matters assessed by 
the pilot program shall include the following: 
(A) An option for training members of mili-
tary families on the Family Advocacy Programs. 
(B) Mechanisms for providing such family 
members with information on— 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00279
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
280 
(i) the resources available through the 
Family Advocacy Programs of the Armed 
Forces; 
(ii) the Military OneSource program of 
the Department of Defense; 
(iii) resources relating to domestic 
abuse and child abuse and neglect that are 
available through local community service 
organizations; and 
(iv) the availability of the Military 
and Family Life Counseling Program. 
(C) Steps that may be taken to better in-
form such family members of the option to make 
a restricted report or an unrestricted report to a 
Family Advocacy Program, including informa-
tion on the difference between such reports. 
(2) INFORMATION ON SERVICES FOR MILITARY 
FAMILIES.—Each Secretary of a military department 
shall ensure that a military family member who re-
ports an incident of domestic abuse or child abuse 
and neglect to a Family Advocacy Program under the 
jurisdiction of such Secretary receives comprehensive 
information, in a clear and easily understandable for-
mat, on the services available to such family member 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00280
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
281 
in connection with such incident. Such information 
shall include a complete guide to the following: 
(A) The Family Advocacy Program of the 
Armed Force or military department concerned. 
(B) Military law enforcement services, in-
cluding an explanation of the process that fol-
lows a report of an incident of domestic abuse or 
child abuse or neglect. 
(C) Other applicable victim services. 
(e) REPORTS ON STAFFING LEVELS FOR FAMILY AD-
VOCACY PROGRAMS.— 
(1) IN GENERAL.—Not later than 180 days after 
the date on which the staffing tool described in para-
graph (2) becomes operational, and on an annual 
basis thereafter for the following five years, the Sec-
retary of Defense shall submit to the appropriate con-
gressional committees a report setting forth the fol-
lowing: 
(A) Military, civilian, and contract support 
staffing levels for the Family Advocacy Programs 
of the Armed Forces at each military installation 
so staffed as of the date of the report. 
(B) Recommendations for ideal staffing lev-
els for the Family Advocacy Programs, as identi-
fied by the staffing tool. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00281
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
282 
(2) STAFFING TOOL DESCRIBED.—The staffing 
tool described in this paragraph is a tool that— 
(A) is under development as of the date of 
the enactment of this Act pursuant to an agree-
ment between the Department of Defense and 
Pennsylvania State University; and 
(B) will be used to assist the Department in 
determining adequate staffing levels for Family 
Advocacy Programs. 
(3) COMPTROLLER GENERAL REVIEW.— 
(A) IN
GENERAL.—Following the submis-
sion of the first annual report required under 
paragraph (1), the Comptroller General of the 
United States shall conduct a review of the staff-
ing of the Family Advocacy Programs of the 
Armed Forces. 
(B) ELEMENTS.—The review conducted 
under subparagraph (A) shall include an assess-
ment of each of the following: 
(i) The extent to which the Armed 
Forces have filled authorized billets for 
Family Advocacy program manager, clini-
cian, and victim advocate positions. 
(ii) The extent to which the Armed 
Forces have experienced challenges filling 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00282
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
283 
authorized Family Advocacy Program posi-
tions, and how such challenges, if any, have 
affected the provision of services. 
(iii) The extent to which the Depart-
ment of Defense and Armed Forces have en-
sured that Family Advocacy Program clini-
cians and victim advocates meet qualifica-
tion and training requirements. 
(iv) The extent to which the Depart-
ment of Defense has established metrics to 
evaluate the effectiveness of the staffing tool 
described in paragraph (2). 
(C) BRIEFING AND REPORT.— 
(i) BRIEFING.—Not later than one 
year following the submission of the first 
annual report required under paragraph 
(1), the Comptroller General shall provide 
to the Committees on Armed Services of the 
Senate and the House of Representatives a 
briefing on the preliminary observations 
made by the Comptroller General as part of 
the review required under subparagraph 
(A). 
(ii) REPORT.—Not later than 90 days 
after the date of the briefing under clause 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00283
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
284 
(i), the Comptroller General shall submit to 
the Committees on Armed Services of the 
Senate and the House of Representatives a 
report on the results of the review conducted 
under subparagraph (A). 
(f) STUDY AND REPORT ON INITIAL ENTRY POINTS.— 
(1) STUDY.—The Secretary of Defense shall con-
duct a study to identify initial entry points (includ-
ing anonymous entry points) through which military 
family members may seek information or support re-
lating to domestic abuse or child abuse and neglect. 
Such study shall include an assessment of— 
(A) points at which military families inter-
act with the Armed Forces or the Department of 
Defense through which such information or sup-
port may be provided to family members, includ-
ing points such as enrollment in the Defense En-
rollment Eligibility Reporting System, and the 
issuance of identification cards; and 
(B) other existing and potential routes 
through which such family members may seek 
information or support from the Armed Forces 
or the Department, including online chat rooms, 
text-based support capabilities, and software ap-
plications for smartphones. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00284
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
285 
(2) REPORT.—Not later than one year after the 
date of the enactment of this Act, the Secretary of De-
fense shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a 
report setting forth the results of the study conducted 
under paragraph (1). 
(g) INSPECTOR GENERAL REPORT.—Not later than 
120 days after the date of the enactment of this Act, the 
Inspector General of the Department of Defense shall submit 
to the Secretary of Defense and to the Committees on Armed 
Services of the Senate and the House of Representatives a 
report that— 
(1) evaluates the progress of the Secretary of De-
fense in carrying out this section; and 
(2) identifies any actions the Secretary is taking 
improve the practices of military installations with 
respect to the prevention and response to domestic 
abuse and child abuse and neglect among military 
families. 
(h) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services and 
the Committee on Commerce, Science, and 
Transportation of the Senate; and 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00285
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
286 
(B) the Committee on Armed Services and 
the Committee on Transportation and Infra-
structure of the House of Representatives. 
(2) The term ‘‘civilian order of protection’’ has 
the meaning given that term in section 1561a of title 
10, United States Code. 
(3) The term ‘‘disposition model for domestic vi-
olence’’ means the process to determine— 
(A) the disposition of charges of an offense 
of domestic violence under section 928b of title 
10, United States Code (article 128b of the Uni-
form Code of Military Justice); and 
(B) consequences of such disposition for 
members of the Armed Forces determined to have 
committed such offense and the victims of such 
offense. 
(4) The term ‘‘Incident Determination Com-
mittee’’ means a committee established at a military 
installation that is responsible for reviewing reported 
incidents of domestic abuse and determining whether 
such incidents constitute harm to the victims of such 
abuse according to the applicable criteria of the De-
partment of Defense. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00286
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
287 
(5) The term ‘‘qualified civilian victim service 
organization’’ means an organization outside the De-
partment of Defense that— 
(A) is approved by the Secretary of Defense 
for the purpose of providing legal or other serv-
ices to victims of domestic abuse; and 
(B) is located in a community surrounding 
a military installation. 
(6) The term ‘‘risk assessment tool’’ means a 
process or technology that may be used to evaluate a 
report of an incident of domestic abuse to determine 
the likelihood that the abuse will escalate or recur. 
SEC. 528. MANDATORY NOTIFICATION OF MEMBERS OF THE 
ARMED FORCES IDENTIFIED IN CERTAIN 
RECORDS OF CRIMINAL INVESTIGATIONS. 
(a) IN GENERAL.—Chapter 80 of title 10, United 
States Code, is amended by adding at the end the following 
new section: 
‘‘§ 1567b. Mandatory notification of members of the 
armed forces and reserve components 
identified in certain records of criminal 
investigations 
‘‘(a) NOTIFICATION OF INCLUSION MCIO RECORDS.— 
As soon as practicable after the conclusion of a criminal 
investigation by a military criminal investigative organi-
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00287
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
288 
zation, the head of such organization shall provide, to any 
member or former member of the armed forces and reserve 
components who is designated in the records of the organi-
zation as a subject of such investigation, written notice of 
such designation. 
‘‘(b) INITIAL NOTIFICATION OF PREVIOUS INCLUSION 
IN MCIO RECORDS.—Not later than 180 days after the date 
of the enactment of this section, the head of each military 
criminal investigative organization shall provide, to any 
member or former member of the armed forces and reserve 
components who is designated in the records of the organi-
zation as a subject of a criminal investigation that is closed 
as of such date, written notice of such designation. 
‘‘(c) CONTENTS OF NOTICE.—Each notice provided 
under subsection (a) and (b) shall include the following in-
formation— 
‘‘(1) The date on which the member was des-
ignated as a subject of a criminal investigation in the 
records of the military criminal investigative organi-
zation. 
‘‘(2) Identification of each crime for which the 
member was investigated, including a citation to each 
provision of chapter 47 of this title (the Uniform Code 
of Military Justice) that the member was suspected of 
violating, if applicable. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00288
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
289 
‘‘(3) Instructions on how the member may seek 
removal of the record in accordance with subsection 
(d). 
‘‘(d) REMOVAL OF RECORD.—The Secretary of Defense 
shall— 
‘‘(1) establish a process through which a member 
of the armed forces and reserve components who re-
ceives a notice under subsection (a) or (b) may re-
quest the removal of the record that is the subject of 
such notice; and 
‘‘(2) issue uniform guidance, applicable to all 
military criminal investigative organizations, speci-
fying the conditions under which such a record may 
be removed. 
‘‘(e) MILITARY CRIMINAL INVESTIGATIVE ORGANIZA-
TION DEFINED.—In this section, the term ‘military crimi-
nal investigative organization’ means any organization or 
element of the Department of Defense or an armed force 
that is responsible for conducting criminal investigations, 
including— 
‘‘(1) the Army Criminal Investigation Com-
mand; 
‘‘(2) the Naval Criminal Investigative Service; 
‘‘(3) the Air Force Office of Special Investiga-
tions; 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00289
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
290 
‘‘(4) the Coast Guard Investigative Service; and 
‘‘(5) the Defense Criminal Investigative Serv-
ice.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘1567b. Mandatory notification of members of the armed forces and reserve com-
ponents identified in certain records of criminal investiga-
tions.’’. 
SEC. 529. AUTHORITY OF MILITARY JUDGES AND MILITARY 
MAGISTRATES TO ISSUE MILITARY COURT 
PROTECTIVE ORDERS. 
(a) JUDGE-ISSUED MILITARY COURT PROTECTIVE OR-
DERS.—Chapter 80 of title 10, United Stated Code, is 
amended by adding at the end the following new section: 
‘‘§ 1567b. Authority of military judges and military 
magistrates to issue military court protec-
tive orders 
‘‘(a) AUTHORITY TO ISSUE MILITARY COURT PROTEC-
TIVE ORDERS.—The President shall prescribe regulations 
authorizing military judges and military magistrates to 
issue protective orders in accordance with this section. A 
protective order issued in accordance with this section shall 
be known as a ‘military court protective order’. Under the 
regulations prescribed by the President, military judges and 
military magistrates shall have exclusive jurisdiction over 
the issuance, appeal, renewal, and termination of military 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00290
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
292 
‘‘(B) the Secretary agrees to enforce protec-
tive orders issued by such authorities that are 
consistent with section 2265(b) of title 18. 
‘‘(c) PURPOSE AND FORM OF ISSUANCE.—A military 
court protective order— 
‘‘(1) may be issued for the purpose of protecting 
a victim of an alleged covered offense, or a family 
member or associate of the victim, from a person sub-
ject to chapter 47 of this title (the Uniform Code of 
Military Justice) who is alleged to have committed 
such an offense; and 
‘‘(2) shall include— 
‘‘(A) a finding regarding whether such per-
son represents a credible threat to the physical 
safety of such alleged victim; 
‘‘(B) a finding regarding whether the al-
leged victim is an intimate partner or child of 
such person; and 
‘‘(C) if applicable, terms explicitly prohib-
iting the use, attempted use, or threatened use of 
physical force that would reasonably be expected 
to cause bodily injury against such intimate 
partner or child. 
‘‘(d) BURDEN OF PROOF.—In determining whether to 
issue a military court protective order, a military judge or 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00292
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
293 
military magistrate shall make all relevant findings by a 
preponderance of the evidence. The burden shall be on the 
party requesting the order to produce sufficient information 
to satisfy the preponderance of the evidence standard re-
ferred to in the preceding sentence. 
‘‘(e) TIMING AND MANNER OF ISSUANCE.—A military 
court protective order may be issued— 
‘‘(1) by a military magistrate, before referral of 
charges and specifications to court-martial for trial, 
at the request of— 
‘‘(A) a victim of an alleged covered offense; 
or 
‘‘(B) a Special Victims’ Counsel or other 
qualified counsel acting on behalf of the victim; 
or 
‘‘(2) by a military judge, after referral of charges 
and specifications to court-martial for trial, at the re-
quest of qualified counsel, which may include a Spe-
cial Victims’ Counsel acting on behalf of the victim 
or trial counsel acting on behalf of the prosecution. 
‘‘(f) DURATION
AND
RENEWAL
OF
PROTECTIVE 
ORDER.— 
‘‘(1) DURATION.—A military court protective 
order shall be issued for an initial period of up to 180 
days and may be reissued for one or more additional 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00293
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
294 
periods, each of which may be up to 180 days, in ac-
cordance with paragraph (2). 
‘‘(2) EXPIRATION AND RENEWAL.—Before the ex-
piration of any period during which a military court 
protective order is in effect, a military judge or mili-
tary magistrate shall review the order to determine 
whether the order will terminate at the expiration of 
such period or be reissued for an additional period of 
up to 180 days. 
‘‘(3) NOTICE
TO
PROTECTED
PERSONS.—If a 
military judge or military magistrate determines 
under paragraph (2) that a military court protective 
order will terminate, the judge or magistrate con-
cerned shall direct that each person protected by the 
order be provided with reasonable, timely, and accu-
rate notification of the termination. 
‘‘(g) REVIEW OF MAGISTRATE-ISSUED ORDERS.— 
‘‘(1) REVIEW.—A military judge, at the request 
of the person subject to a military court protective 
order that was issued by a military magistrate, may 
review the order to determine if the order was prop-
erly issued by the magistrate. 
‘‘(2) STANDARDS OF REVIEW.—A military judge 
who reviews an order under paragraph (1) shall ter-
minate the order if the judge determines that— 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00294
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
295 
‘‘(A) the military magistrate’s decision to 
issue the order was an abuse of discretion, and 
there is not sufficient information presented to 
the military judge to justify the order; or 
‘‘(B) information not presented to the mili-
tary magistrate establishes that the military 
court protective order should be terminated. 
‘‘(h) DUE PROCESS.— 
‘‘(1) PROTECTION OF DUE PROCESS.—Except as 
provided in paragraph (2), a protective order author-
ized under subsection (a) may be issued only after 
reasonable notice and opportunity to be heard and to 
present evidence, directly or through counsel, is given 
to the person against whom the order is sought suffi-
cient to protect that person’s right to due process. 
‘‘(2) EMERGENCY ORDERS.—A protective order 
on an emergency basis may be issued on an ex parte 
basis under such rules and limitations as the Presi-
dent shall prescribe. In the case of ex parte orders, no-
tice and opportunity to be heard and to present evi-
dence must be provided within a reasonable time not 
to exceed 30 calendar days after the date on which the 
order is issued, sufficient to protect the respondent’s 
due process rights. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00295
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
296 
‘‘(i) RIGHTS OF VICTIM.—The victim of an alleged cov-
ered offense who seeks a military court protective order has, 
in addition to any rights provided under section 806b (arti-
cle 6b), the following rights with respect to any proceeding 
involving the protective order: 
‘‘(1) The right to reasonable, accurate, and time-
ly notice of the proceeding and of any change in the 
status of the protective order resulting from the pro-
ceeding. 
‘‘(2) The right to be reasonably heard at the pro-
ceeding. 
‘‘(3) The right to appear in person, with or 
without counsel, at the proceeding. 
‘‘(4) The right be represented by qualified coun-
sel in connection with the proceeding, which may in-
clude a Special Victims’ Counsel. 
‘‘(5) The reasonable right to confer with a rep-
resentative of the command of the accused and counsel 
representing the government at the proceeding, as ap-
plicable. 
‘‘(6) The right to submit a written statement, di-
rectly or through counsel, for consideration by the 
military judge or military magistrate presiding over 
the proceeding. 
‘‘(j) RESTRICTIONS ON ACCESS TO FIREARMS.— 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00296
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
297 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law— 
‘‘(A) a military court protective order 
issued on an ex parte basis shall restrain a per-
son from possessing, receiving, or otherwise ac-
cessing a firearm; and 
‘‘(B) a military court protective order 
issued after the person to be subject to the order 
has received notice and opportunity to be heard 
on the order, shall restrain such person from pos-
sessing, receiving, or otherwise accessing a fire-
arm in accordance with section 922 of title 18. 
‘‘(2) NOTICE TO ATTORNEYS GENERAL.— 
‘‘(A) NOTICE OF ISSUANCE.—Not later than 
72 hours after the issuance of an order described 
in paragraph (1), the Secretary concerned shall 
submit a record of the order— 
‘‘(i) to the Attorney General of the 
United States; and 
‘‘(ii) to the Attorney General of the 
State or Territory in which the order is 
issued. 
‘‘(B) NOTICE
OF
RECISSION
OR
EXPIRA-
TION.—Not later than 72 hours after the 
recission or expiration of an order described in 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00297
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
298 
paragraph (1), the Secretary concerned shall 
submit notice of such recission or expiration to 
the Attorneys General specified in subparagraph 
(A). 
‘‘(k) TREATMENT AS LAWFUL ORDER.—A military 
court protective order shall be treated as a lawful order for 
purposes of the application of section 892 (article 92) and 
a violation of such an order shall be punishable under such 
section (article). 
‘‘(l) COMMAND MATTERS.— 
‘‘(1) INCLUSION IN PERSONNEL FILE.—Any mili-
tary court protective order against a member shall be 
placed and retained in the military personnel file of 
the member, except that such protective order shall be 
removed from the military personnel file of the mem-
ber if the member is acquitted of the offense to which 
the order pertains, it is determined that the member 
did not commit the act giving rise to the protective 
order, or it is determined that the protective order 
was issued in error. 
‘‘(2) NOTICE TO CIVILIAN LAW ENFORCEMENT OF 
ISSUANCE.—Any military court protective order 
against a member shall be treated as a military pro-
tective order for purposes of section 1567a including 
for purposes of mandatory notification of issuance to 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00298
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
299 
Federal and State civilian law enforcement agencies 
as required by that section. 
‘‘(m) RELATIONSHIP TO OTHER AUTHORITIES.—Noth-
ing in this section may be construed as prohibiting— 
‘‘(1) a commanding officer from issuing or en-
forcing any otherwise lawful order in the nature of a 
protective order to or against members of the officer’s 
command; 
‘‘(2) pretrial restraint in accordance with Rule 
for Courts-Martial 304 (as set forth in the Manual for 
Courts-Martial, 2019 edition, or any successor rule); 
or 
‘‘(3) pretrial confinement in accordance with 
Rule for Courts-Martial 305 (as set forth in the Man-
ual for Courts-Martial, 2019 edition, or any successor 
rule). 
‘‘(n) DELIVERY TO CERTAIN PERSONS.—A physical 
and electronic copy of any military court protective order 
shall be provided, as soon as practicable after issuance, to 
the following: 
‘‘(1) The person or persons protected by the pro-
tective order or to the guardian of such a person if 
such person is under the age of 18 years. 
‘‘(2) The person subject to the protective order. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00299
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
300 
‘‘(3) To such commanding officer in the chain of 
command of the person subject to the protective order 
as the President shall prescribe for purposes of this 
section. 
‘‘(o) DEFINITIONS.—In this section: 
‘‘(1) CONTACT.—The term ‘contact’ includes con-
tact in person or through a third party, or through 
gifts, 
‘‘(2) COMMUNICATION.—The term ‘communica-
tion’ includes communication in person or through a 
third party, and by telephone or in writing by letter, 
data fax, or other electronic means. 
‘‘(3) COVERED OFFENSE.—The term ‘covered of-
fense’ means the following: 
‘‘(A) An alleged offense under section 920, 
920a, 920b, 920c, or 920d of this title (article 
120, 120a, 120b, 120c, or 120d of the Uniform 
Code of Military Justice). 
‘‘(B) An alleged offense of stalking under 
section 930 of this title (article 130 of the Uni-
form Code of Military Justice). 
‘‘(C) An alleged offense of domestic violence 
under section 928b of this title (article 128b of 
the Uniform Code of Military Justice). 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00300
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
301 
‘‘(D) A conspiracy to commit an offense 
specified in subparagraphs (A) through (C) as 
punishable under section 881 of this title (article 
81 of the Uniform Code of Military Justice). 
‘‘(E) A solicitation to commit an offense 
specified in subparagraphs (A) through (C) as 
punishable under section 882 of this title (article 
82 of the Uniform Code of Military Justice). 
‘‘(F) An attempt to commit an offense speci-
fied in subparagraphs (A) through (C) as pun-
ishable under section 880 of this title (article 80 
of the Uniform Code of Military Justice). 
‘‘(4) MILITARY
JUDGE
AND
MILITARY
MAG-
ISTRATE.—The terms ‘military judge’ and ‘military 
magistrate’ mean a commissioned officer of the armed 
forces who is a member of the bar of a Federal court 
or a member of the bar of the highest court of a State 
and who is certified to be qualified, by reason of edu-
cation, training, experience, and judicial tempera-
ment, for duty as a military judge or magistrate by 
the Judge Advocate General of the armed force of 
which the officer is a member. 
‘‘(5) PROTECTIVE ORDER.—The term ‘protective 
order’ means an order that— 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00301
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
302 
‘‘(A) restrains a person from harassing, 
stalking, threatening, or otherwise contacting or 
communicating with a victim of an alleged cov-
ered offense, or a family member or associate of 
the victim, or engaging in other conduct that 
would place such other person in reasonable fear 
of bodily injury to any such other person; 
‘‘(B) by its terms, explicitly prohibits— 
‘‘(i) the use, attempted use, or threat-
ened use of physical force by the person 
against a victim of an alleged covered of-
fense, or a family member or associate of 
the victim, that would reasonably be ex-
pected to cause bodily injury; 
‘‘(ii) the initiation by the person re-
strained of any contact or communication 
with such other person; 
‘‘(iii) any other behavior by the person 
restrained that the court deems necessary to 
provide for the safety and welfare of the vic-
tim of an alleged covered offense, or a fam-
ily member or associate of the victim; or 
‘‘(iv) actions described by any of 
clauses (i) through (iii). 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00302
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
303 
‘‘(6) SPECIAL
VICTIMS’ COUNSEL.—The term 
‘Special Victims Counsel’ means a Special Victims’ 
Counsel described in section 1044e and includes a 
Victims’ Legal Counsel of the Navy.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such chapter is amended by adding at the 
end the following new item: 
‘‘1567b. Authority of military judges and military magistrates to issue military 
court protective orders.’’. 
(c) IMPLEMENTATION.—The President shall prescribe 
regulations implementing section 1567b of title 10, United 
States Code (as added by subsection (a)), by not later than 
one year after the date of the enactment of this Act. 
SEC. 529A. COUNTERING EXTREMISM IN THE ARMED 
FORCES. 
(a) IN GENERAL.—Part II of subtitle A of title 10, 
United States Code, is amended by adding at the end the 
following new chapter: 
‘‘CHAPTER 89—COUNTERING EXTREMISM 
‘‘1801. Office of Countering Extremism. 
‘‘1802. Training and education. 
‘‘1803. Data collection and analysis. 
‘‘1804. Reporting requirements. 
‘‘1805. Definitions. 
‘‘§ 1801. Office of Countering Extremism 
‘‘(a) ESTABLISHMENT.—(1) There is an Office of 
Countering Extremism (in this section referred to as the 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00303
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
304 
‘Office’) within the Office of the Under Secretary of Defense 
for Personnel and Readiness. 
‘‘(2) The Office shall be headed by the Director of 
Countering Extremism (in this chapter referred to as the 
‘Director’), who shall be appointed by the Secretary of De-
fense, in consultation with the Secretary of Homeland Secu-
rity, and report directly to the Under Secretary of Defense 
for Personnel and Readiness and the Secretary. 
‘‘(b) DUTIES.—The Director shall— 
‘‘(1) be responsible for policy of countering extre-
mism within the armed forces; 
‘‘(2) in coordination with the Secretaries of the 
military departments, develop and implement pro-
grams, resources, and activities to counter extremism 
within the armed forces; 
‘‘(3) establish policies to ensure adequate protec-
tion, transparency of process, and availability of re-
sources for individuals who report incidents of extre-
mism; 
‘‘(4) facilitate and coordinate with the Secre-
taries of the military departments, law enforcement 
organizations, security organizations, and insider 
threat programs in the armed forces; 
‘‘(5) engage and interact with, and solicit rec-
ommendations from, outside experts on extremism; 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00304
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
305 
‘‘(6) coordinate with— 
‘‘(A) the Under Secretary for Defense for 
Intelligence and Security; and 
‘‘(B) the Deputy Inspector General of the 
Department of Defense for Diversity and Inclu-
sion and Supremacist, Extremism and Criminal 
Gang Activity; and 
‘‘(7) perform any additional duties prescribed by 
the Secretary of Defense, in consultation with the Sec-
retary of Homeland Security. 
‘‘§ 1802. Training and education 
‘‘(a) IN GENERAL.—The Secretary of each military de-
partment, in coordination with the Director, shall develop 
and implement training and education programs and re-
lated materials to assist members of the armed forces and 
civilian employees of the armed forces in identifying, pre-
venting, responding to, reporting, and mitigating the risk 
of extremism. 
‘‘(b) EXTREMIST INSIDER THREAT TRAINING.—(1) 
The training and education programs and materials de-
scribed in subsection (a) shall include information on the 
following: 
‘‘(A) What constitutes an extremist insider threat. 
‘‘(B) Risks posed by extremist insider threats. 
‘‘(C) How to identify extremist insider threats. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00305
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
306 
‘‘(D) How to recognize when an individual is being 
influenced by extremism or targeted for recruitment by ex-
tremist groups. 
‘‘(E) Information about procedures on when and how 
to report detected extremist insider threats. 
‘‘(F) Resources for reporting outside the chain of com-
mand. 
‘‘(G) Media literacy training. 
‘‘(H) Whistleblower protections. 
‘‘(I) Such other information as may be required by the 
Secretary of Defense, in consultation with the Secretary of 
Homeland Security. 
‘‘(2) The Secretary of Defense, in consultation with the 
Secretary of Homeland Security, shall provide the training 
and education described in subsection (a) as part of each 
of the following: 
‘‘(A) Initial entry training for members of the 
armed forces. 
‘‘(B) Curricula of— 
‘‘(i) the United States Army Training and 
Doctrine Command; 
‘‘(ii) the Naval Education and Training 
Command; 
‘‘(iii) the Air Education and Training 
Command; 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00306
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
307 
‘‘(iv) all pre-commissioning programs of the 
Department of Defense; 
‘‘(v) the military service academies; 
‘‘(vi) the Coast Guard Education and 
Training Quota Management Command; 
‘‘(vii) the Coast Guard Academy; and 
‘‘(viii) all pre-commissioning programs of 
the Coast Guard. 
‘‘(C) Certification courses required for members 
or officers to be considered for promotion to any grade 
above E–5, WO–5 (WO-3, in the case of the Coast 
Guard), or O–5. Such members and officers shall also 
receive training regarding— 
‘‘(i) how to identify emerging extremist in-
sider threat behaviors in a unit; and 
‘‘(ii) procedures on when and how to re-
spond when a subordinate reports a suspected ex-
tremist insider threat. 
‘‘(3) The Secretary of Defense, in consultation 
with the Secretary of Homeland Security, shall in-
clude the information described in paragraph (1) in 
brochures, posters, print and online publications, or 
other educational materials of the armed forces. 
‘‘(c) RECRUITER TRAINING.—The Secretary of each 
military department, in coordination with the Director, 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00307
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
308 
shall coordinate with the recruiting activities and organiza-
tion of the armed forces to develop and carry out a training 
program for recruiters on how to— 
‘‘(1) identify indicators of extremism in poten-
tial recruits; 
‘‘(2) identify members of extremist organizations 
in potential recruits; and 
‘‘(3) screen potential recruits for extremist ties to 
ensure potential recruits comply with enlistment, ac-
cession, or commissioning requirements. 
‘‘§ 1803. Data collection and analysis 
‘‘(a) IN GENERAL.—The Director shall— 
‘‘(1) establish and maintain a database on ex-
tremist activities in the armed forces; and 
‘‘(2) ensure the data collected across the military 
departments is uniform to the maximum extent prac-
ticable. 
‘‘(b) RECORDS.—The database established in sub-
section (a) shall include records on— 
‘‘(1) each incident, complaint, or allegation of 
extremism by a member or civilian employee of the 
armed forces, including— 
‘‘(A) the extremist behavior related to the 
incident, complaint, or allegation; 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00308
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
309 
‘‘(B) the rank, race, gender, and ethnicity of 
the individuals involved in the incident, com-
plaint, or allegation; 
‘‘(C) each Federal agency involved in inves-
tigating the incident, complaint, or allegation; 
‘‘(D) any investigation of the incident, com-
plain, or allegation; 
‘‘(E) any action taken by a commander or 
supervisor in response to the incident, complaint, 
or allegation; 
‘‘(F) any adverse administrative personnel 
action or punitive action related to the incident, 
complaint, or allegation, including details of the 
type of action initiated and the final disposition 
of such action; 
‘‘(G) descriptions of an ideology, movement, 
or extremist group associated with the incident, 
complaint, or allegation; and 
‘‘(H) records submitted or collected regard-
ing administrative or punitive action referred to 
in subsection (F). 
‘‘(2) each notification from the Federal Bureau 
of Investigation to the Secretary of Defense, the Sec-
retary of Homeland Security, or a law enforcement 
agency (if in the possession of either such Secretary), 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00309
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
310 
of investigations related to extremism of current and 
former members of the armed forces, unless such re-
porting would jeopardize public safety or compromise 
an ongoing law enforcement investigation; 
‘‘(3) responses related to questions about extre-
mism on surveys, questionnaires, command climate 
surveys, transition checklists, exit surveys, and other 
information gathering sources; 
‘‘(4) each involuntary separation or denial of en-
listment or commissioning on the basis of extremism; 
‘‘(5) each security clearance revoked on the basis 
of extremism; and 
‘‘(6) any other requirements prescribed by the 
Secretary of Defense, in consultation with the Sec-
retary of Homeland Security. 
‘‘(c) COORDINATION.—Each Secretary of a military 
department shall collect records described in subsection (b) 
and provide them to the Director. 
‘‘§ 1804. Reporting requirements 
‘‘(a) ANNUAL REPORT.—Not later than December 1 of 
each year, the Director shall submit to Congress a report 
on the prevalence of extremist activities within the armed 
forces that includes the number of individuals— 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00310
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
311 
‘‘(1) determined ineligible to serve in the Armed 
Forces during the preceding fiscal year by reason of 
engagement in extremist activities; 
‘‘(2) separated from the Armed Forces during the 
preceding fiscal year by reason of engagement in ex-
tremist activities; 
‘‘(3) determined ineligible to reenlist in the 
armed forces during the preceding fiscal year by rea-
son of engagement in extremist activities; 
‘‘(4) whose security clearances were revoked dur-
ing the preceding fiscal year by reason of engagement 
in extremist activities; 
‘‘(5) statistics of incidents, complaints, and alle-
gations recorded under section 1803(b)— 
‘‘(A) disaggregated data by armed force, 
race, gender, ethnicity, grade, and rank; and 
‘‘(B) with any personally identifiable infor-
mation redacted; 
‘‘(6) regulations prescribed to counter extremism 
in the armed forces; and 
‘‘(7) any recommendations to Congress for re-
lated legislative actions to address extremism within 
the armed forces. 
‘‘(b) PUBLICATION.—The Secretary of Defense shall— 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00311
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
312 
‘‘(1) publish on an appropriate publicly avail-
able website of the Department of Defense the reports 
required by subsection (a); and 
‘‘(2) ensure that any data included with each 
such report is made available in a machine-readable 
format that is downloadable, searchable, and sortable. 
‘‘§ 1805. Definitions 
‘‘In this chapter: 
‘‘(1) The terms ‘extremist activities’ and ‘extrem-
ist organization’ have the meanings prescribed by the 
Secretary of Defense. 
‘‘(2) The term ‘extremist insider threat’ means a 
member or civilian employee of the armed forces with 
access to Government information, systems, or facili-
ties, who— 
‘‘(A) can use such access to do harm to the 
security of the United States; and 
‘‘(B) exhibits extremist behaviors.’’. 
(b) TECHNICAL AMENDMENT.—The table of chapters 
for part II of subtitle A of such title 10 is amended by in-
serting, after the item relating to chapter 88, the following 
new item: 
‘‘89. Countering Extremism ...........................................................................
1801’’. 
(c) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations under chapter 89 of such title (includ-
ing definitions under section 1805 of such title), as added 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00312
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
313 
by subsection (a), not later than 60 days after the date of 
the enactment of this Act. 
(d) PROGRESS REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a report 
on the status of the implementation of chapter 89 of such 
title, as added by subsection (a). 
(e) PROHIBITION ON EXTREMIST ACTIVITIES.— 
(1) PROHIBITION.—Chapter 39 of title 10, 
United States Code, is amended by inserting after sec-
tion 985 the following new section: 
‘‘§ 986. Prohibition on extremist activities 
‘‘(a) PROHIBITION.—An individual who engages in ex-
tremist activities or is a member of an extremist organiza-
tion may not serve as a member of the armed forces. 
‘‘(b) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations regarding the separation of a member 
of the armed forces who engages in extremist activities or 
is a member of an extremist organization. 
‘‘(c) DEFINITIONS.—In this section, the terms ‘extrem-
ist activities’ and ‘extremist organization’ have the mean-
ings given such terms in section 1805 of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended by 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00313
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
314 
inserting after the item relating to section 985 the fol-
lowing new item: 
‘‘986. Prohibition on extremist activities.’’. 
(f) PROVISION OF INFORMATION REGARDING EXTREM-
IST GROUPS IN TRANSITION ASSISTANCE PROGRAM.—Sec-
tion 1142(b) of title 10, United States Code, is amended 
by adding at the end the following new paragraph (20): 
‘‘(20) Information about efforts of extremist 
groups to recruit former members of the armed forces, 
including how a member may report such efforts to 
the Secretary concerned.’’. 
(g) AUTHORITY TO UTILIZE ONLINE EXTREMIST CON-
TENT
AS CAUSE
FOR SEPARATION FROM
AN ARMED 
FORCE.—Chapter 3 of title 10, United States Code, is 
amended by adding at the end the following new section: 
‘‘§ 130l. Authority to utilize online extremist content 
as cause for separation from an armed 
force 
‘‘The Secretary concerned may use content knowingly 
shared, disseminated, or otherwise made available online 
(including on social media platforms and accounts) by an 
individual who serves in an armed force that expresses sup-
port for extremist activities (as that term is defined in sec-
tion 1804 of this title) as cause for involuntary separation 
from an armed force.’’. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00314
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
315 
(h) COORDINATION OF DIRECTOR OF COUNTERING EX-
TREMISM WITH DEPUTY INSPECTOR GENERAL REGARDING 
SUPREMACIST, EXTREMIST, OR CRIMINAL GANG ACTIVITY 
IN THE ARMED FORCES.—Section 554(a)(3) of the William 
M. (Mac) Thornberry National Defense Authorization Act 
for Fiscal Year 2021 (Public Law 116–283) is amended by 
adding at the end the following new subparagraph: 
‘‘(E) The Director of Countering Extre-
mism.’’. 
(i) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the day that the Secretary of 
Defense prescribes regulations under subsection (c). 
SEC. 529B. REFORM AND IMPROVEMENT OF MILITARY 
CRIMINAL INVESTIGATIVE ORGANIZATIONS. 
(a) EVALUATION AND PLAN FOR REFORM.—Not later 
than one year after the date of the enactment of this Act, 
each Secretary concerned shall— 
(1) complete an evaluation of the effectiveness of 
the military criminal investigative organizations 
under the jurisdiction of such Secretary: and 
(2) submit to the Secretary of Defense and the 
Committees on Armed Services of the Senate and the 
House of Representatives a report that includes— 
(A) the results of the evaluation conducted 
under paragraph (1); and 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00315
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
316 
(B) based on such results, a proposal for re-
forming such military criminal investigative or-
ganizations to ensure that the organizations ef-
fectively meet the demand for complex investiga-
tions and other emerging mission requirements. 
(b) IMPLEMENTATION PLAN.— 
(1) IN GENERAL.—Not later than two years after 
the date of the enactment of this Act, the Secretary of 
Defense shall submit to the appropriate congressional 
committees a plan to implement the reforms to mili-
tary criminal investigative organizations proposed by 
the Secretaries concerned under subsection (a) to en-
sure each such organization is capable of profes-
sionally investigating criminal misconduct under its 
jurisdiction. 
(2) ELEMENTS.—The plan under paragraph (1) 
shall include the following: 
(A) The requirements that military crimi-
nal investigative organizations must meet to ef-
fectively carry out criminal investigative and 
other law enforcement missions in 2022 and sub-
sequent years. 
(B) The resources that will be needed to en-
sure that each military criminal investigative 
organization can achieve its mission. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00316
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
317 
(C) An analysis of factors affecting the per-
formance of military criminal investigate orga-
nizations, including— 
(i) whether appropriate technological 
investigative tools are available and acces-
sible to such organizations; and 
(ii) whether the functions of such orga-
nizations would be better supported by civil-
ian rather than military leadership. 
(D) For each military criminal investiga-
tive organization— 
(i) the number of military personnel 
assigned to such organization; 
(ii) the number of civilian personnel 
assigned to such organization; and 
(iii) the functions of such military and 
civilian personnel. 
(E) A description of any plans of the Sec-
retary to develop a more professional workforce 
of military and civilian investigators. 
(F) A proposed timeline for the reform of 
the military investigative organizations. 
(G) An explanation of the potential benefits 
of such reforms, including a description of— 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00317
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
318 
(i) specific improvements that are ex-
pected to result from the reforms; and 
(ii) whether the reforms will improve 
information sharing across military crimi-
nal investigative organizations. 
(H) With respect to the military criminal 
investigative organizations of the Army, an ex-
planation of how the plan will— 
(i) address the findings of the report of 
the Fort Hood Independent Review Com-
mittee, dated November 6, 2020; and 
(ii) coordinate with any other internal 
reform efforts of the Army. 
(c) LIMITATION ON THE CHANGES TO TRAINING LOCA-
TIONS.—In carrying out this section, the Secretary of De-
fense may not change the locations at which military crimi-
nal investigative training is provided to members of mili-
tary criminal investigative organizations until— 
(1) the implementation plan under subsection (b) 
is submitted to the appropriate congressional commit-
tees; and 
(2) a period of 60 days has elapsed following the 
date on which the Secretary notifies the congressional 
defense committees of the Secretary’s intent to move 
such training to a different location. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00318
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
319 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services and 
the Committee on Commerce, Science, and 
Transportation of the Senate; and 
(B) the Committee on Armed Services and 
the Committee on Transportation and Infra-
structure of the House of Representatives. 
(2) The term ‘‘military criminal investigative 
organization’’ means each organization or element of 
the Department of Defense or the Armed Forces that 
is responsible for conducting criminal investigations, 
including— 
(A) the Army Criminal Investigation Com-
mand; 
(B) the Naval Criminal Investigative Serv-
ice; 
(C) the Air Force Office of Special Inves-
tigations; 
(D) the Coast Guard Investigative Service; 
and 
(E) the Defense Criminal Investigative 
Service. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00319
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
320 
(3) The term ‘‘Secretary concerned’’ has the 
meaning given that term in section 101(a)(9) of title 
10, United States Code. 
SEC. 529C. MEASURES TO IMPROVE THE SAFETY AND SECU-
RITY OF MEMBERS OF THE ARMED FORCES. 
(a) COMPREHENSIVE REVIEW OF MISSING PERSONS 
REPORTING.—The Secretary of Defense shall instruct the 
Secretary of each military department to undertake a com-
prehensive review of the policies and procedures of such 
military department for reporting members of the Armed 
Forces absent without leave, on unauthorized absence, or 
missing. 
(b) REVIEW OF INSTALLATION-LEVEL PROCEDURES.— 
The commander of each military installation shall— 
(1) direct each military installation under its 
command to review its policies and procedures for 
carrying out the reporting activities described under 
subsection (a); and 
(2) update such installation-level policies and 
procedures with a view towards force protection, en-
hanced security for members of the Armed Forces liv-
ing on base, and prioritizing reporting at the earliest 
reasonable time to local law enforcement at all levels, 
and Federal law enforcement field offices with over-
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00320
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
321 
lapping jurisdiction with that installation, when a 
member is determined to be missing. 
(c) 
INSTALLATION-SPECIFIC
REPORTING
PROTO-
COLS.— 
(1) IN GENERAL.—The commander of each mili-
tary installation shall establish a protocol for sharing 
information with local and Federal law enforcement 
agencies about members of the Armed Forces that are 
absent without leave, on unauthorized absence, or 
missing. The protocol shall provide, by memorandum 
of understanding or otherwise, for the commander to 
notify all local and Federal law enforcement agencies 
with jurisdiction over the immediate area of the mili-
tary installation— 
(A) immediately when the status of a mem-
ber assigned to such installation has been 
changed to absent without leave, on unauthorized 
absence, or missing (including whether the com-
mander determines that such member has a vio-
lent intent, based on criteria including whether 
a firearm is missing from such military installa-
tion); and 
(B) of the status of a member described in 
subparagraph (A), not less than once per week 
after notification under such subparagraph, 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00321
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
322 
until the commander changes the status of such 
member. 
(2) REPORTING TO MILITARY INSTALLATION COM-
MAND.—The commander of each military installation 
shall submit the protocol established pursuant to 
paragraph (1) to the relevant military installation 
command. 
(d) REPORT OF CHIEF OF NATIONAL GUARD BU-
REAU.—Not later than March 1, 2022, the Chief of the Na-
tional Guard Bureau shall submit to the Committees on 
Armed Services and on the Judiciary of the Senate and 
House of Representatives, a report on the feasibility of im-
plementing subsections (a), (b), and (c), with regards to fa-
cilities of the National Guard. Such report shall include 
a proposed timeline for such implementation and rec-
ommendations of the Chief. 
SEC. 529D. DISTRIBUTION OF INFORMATION ON THE AVAIL-
ABILITY OF CIVILIAN VICTIM SERVICES. 
(a) INFORMATION DISTRIBUTION.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall— 
(1) require each military legal service provider 
to provide, to each victim referred to such provider, 
a list of approved civilian victim service organiza-
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00322
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
323 
tions from which the victim may seek legal assistance, 
legal representation, or other legal services; and 
(2) direct the Sexual Assault Prevention and Re-
sponse Office of the Department of Defense to carry 
out activities to ensure the widespread distribution, 
throughout the Department, of information on the 
availability of services from civilian victim service or-
ganizations. 
(b) APPROVAL OF ORGANIZATIONS.—The Secretary of 
Defense, acting through the Sexual Assault Prevention and 
Response Office of the Department of Defense, shall establish 
criteria for the approval of civilian victim service organiza-
tions for inclusion on the list described in subsection (a)(1). 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘civilian victim service organiza-
tion’’ means an organization outside the Department 
of Defense that is approved by the Secretary of De-
fense for the purpose of providing legal assistance, 
legal representation, or other legal services directly to 
a victim. 
(2) The term ‘‘military legal service provider’’ 
means an individual or organization within the De-
partment of Defense authorized to provide legal assist-
ance, legal representation, or other legal services di-
rectly to a victim. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00323
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
324 
(3) The term ‘‘victim’’ means the victim of an of-
fense under chapter 47 of title 10, United States Code 
(the Uniform Code of Military Justice). 
SEC. 529E. REPORT ON MANDATORY RESTITUTION. 
Not later than April 30, 2022, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report on the 
Department’s progress in evaluating the feasibility and ad-
visability of authorizing mandatory restitution as a compo-
nent of the sentence for a conviction of an offense under 
chapter 47 of title 10, United States Code (the Uniform 
Code of Military Justice). 
Subtitle D—Implementation of Rec-
ommendations 
of 
the 
Inde-
pendent Review Commission on 
Sexual Assault in the Military 
SEC. 531. SHORT TITLE. 
This subtitle may be cited as the ‘‘IRC implementation 
Act of 2021’’. 
PART 1—SPECIAL VICTIM PROSECUTORS AND 
SPECIAL VICTIM OFFENSES 
SEC. 532. SPECIAL VICTIM PROSECUTORS. 
(a) IN GENERAL.—Subchapter V of chapter 47 of title 
10, United States Code, is amended by inserting after sec-
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00324
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
325 
tion 824 (article 24 of the Uniform Code of Military Jus-
tice) the following new section: 
‘‘§ 824a. Art. 24a. Special victim prosecutors 
‘‘(a) DETAIL OF SPECIAL VICTIM PROSECUTORS AND 
ASSISTANT SPECIAL VICTIM PROSECUTORS.—Each Sec-
retary concerned shall detail— 
‘‘(1) one commissioned officer from each armed 
force under the jurisdiction of such Secretary to serve 
as the special victim prosecutor of that armed force; 
and 
‘‘(2) such number of assistant special victim 
prosecutors as the Secretary considers appropriate to 
assist such special victim prosecutor. 
‘‘(b) QUALIFICATIONS.— 
‘‘(1) QUALIFICATIONS OF SPECIAL VICTIM PROS-
ECUTORS.—A special victim prosecutor shall be a 
commissioned officer of the armed forces who— 
‘‘(A) is in the grade of O–6 or higher; 
‘‘(B) is a judge advocate; 
‘‘(C) is a member of the bar of a Federal 
court or a member of the bar of the highest court 
of a State; and 
‘‘(D) is certified to be qualified, by reason 
of education, training, experience, and tempera-
ment, for duty as a special victim prosecutor. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00325
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
326 
‘‘(2) QUALIFICATIONS
OF
ASSISTANT
SPECIAL 
VICTIM PROSECUTORS.—An assistant special victim 
prosecutor shall be a commissioned officer of the 
armed forces who— 
‘‘(A) has at least five years of criminal jus-
tice experience; 
‘‘(B) is a judge advocate; 
‘‘(C) is a member of the bar of a Federal 
court or a member of the bar of the highest court 
of a State; and 
‘‘(D) is certified to be qualified, by reason 
of education, training, experience, and tempera-
ment, for duty as an assistant special victim 
prosecutor. 
‘‘(c) DUTIES AND AUTHORITIES.— 
‘‘(1) IN GENERAL.—Special victim prosecutors 
and assistant special victim prosecutors shall carry 
out the duties described in this chapter and any other 
duties prescribed by the Secretary of Defense, in con-
sultation with the Secretary of Homeland Security, 
by regulation. 
‘‘(2) CLARIFICATION OF AUTHORITY OF ASSIST-
ANT SPECIAL VICTIM PROSECUTORS.—Except as oth-
erwise expressly provided in this chapter, an assistant 
special victim prosecutor shall have the same authori-
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00326
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
327 
ties granted to a special victim prosecutor under this 
chapter. 
‘‘(3) DETERMINATION
OF
SPECIAL
VICTIM
OF-
FENSE; RELATED CHARGES.— 
‘‘(A) AUTHORITY.—A special victim pros-
ecutor shall have exclusive authority to deter-
mine if an offense is a special victim offense and 
shall, upon completion of a relevant investiga-
tion, exercise authority over any such offense in 
accordance with this chapter. 
‘‘(B) RELATED OFFENSES.—If a special vic-
tim prosecutor determines that an offense is a 
special victim offense, the special victim pros-
ecutor may also exercise authority over any re-
ported offense that the special victim prosecutor 
determines to be related to the special victim of-
fense and any other reported offense by the per-
son alleged to have committed a special victim 
offense. 
‘‘(4) DISMISSAL; PREFERRAL; REFERRAL; PLEA 
BARGAINS.—Subject to paragraph (5), with respect to 
charges and specifications alleging any offense over 
which a special victim prosecutor exercises authority, 
a special victim prosecutor shall have exclusive au-
thority to, in accordance with this chapter— 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00327
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
328 
‘‘(A) make a determination that is binding 
on the convening authority to prefer or refer the 
charges and specifications for trial by a special 
or general court-martial; 
‘‘(B) on behalf of the Government, dismiss 
the charges and specifications or make a motion 
to dismiss the charges and specifications; 
‘‘(C) enter into a plea agreement; and 
‘‘(D) determine if an ordered rehearing is 
impracticable. 
‘‘(5) DEFERRAL TO CONVENING AUTHORITY.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), if a special victim prosecutor 
exercises authority over an offense and elects not 
to prefer charges and specifications for such of-
fense or, with respect to charges and specifica-
tions for such offense preferred by a person other 
than a special victim prosecutor, elects not to 
refer such charges and specifications, a con-
vening authority may exercise any of the au-
thorities of the convening authority under this 
chapter with respect to such offense. 
‘‘(B) EXCEPTION.—In exercising authority 
under with respect to an offense described in sub-
paragraph (A), a convening authority may not 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00328
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
329 
refer charges and specifications for a special vic-
tim offense for trial by special or general court- 
martial. 
‘‘(d) RELEVANT INVESTIGATION DEFINED.—In this 
section, the term ‘relevant investigation’ means an inves-
tigation into an alleged offense under this chapter that is 
conducted by the Federal Government or a State, local, or 
Tribal law enforcement organization.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of subchapter V of chapter 47 of title 10, 
United States Code (the Uniform Code of Military Justice), 
is amended by inserting after the item relating to section 
824 (article 24) the following new item: 
‘‘824a. Art. 24a. Special victim prosecutors.’’. 
SEC. 533. DEPARTMENT OF DEFENSE POLICIES WITH RE-
SPECT TO SPECIAL VICTIM PROSECUTORS 
AND ESTABLISHMENT OF OFFICES OF SPE-
CIAL VICTIM PROSECUTORS WITHIN MILI-
TARY DEPARTMENTS. 
(a) IN GENERAL.—Chapter 53 of title 10, United 
States Code, is amended by inserting after section 1044e 
the following new section: 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00329
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
330 
‘‘§ 1044f. Special victim prosecutors: Department of 
Defense policies; establishment of Offices 
of Special Victim Prosecutors 
‘‘(a) POLICIES REQUIRED.—The Secretary of Defense 
shall establish policies with respect to the appropriate mech-
anisms and procedures that the Secretaries of the military 
departments shall establish and carry out relating to the 
activities of special victim prosecutors, including expected 
milestones for the Secretaries to fully implement such mech-
anisms and procedures. 
‘‘(b) MILITARY DEPARTMENT OFFICES OF SPECIAL 
VICTIM PROSECUTORS.— 
‘‘(1) ESTABLISHMENT.—Each Secretary of a 
military department shall establish within the office 
of such Secretary an Office of Special Victim Prosecu-
tors. The head of each such Office of Special Victim 
Prosecutors shall be a general or flag officer of the 
Judge Advocate General’s Corps an armed force under 
the jurisdiction of such Secretary and shall report di-
rectly to the Secretary concerned without intervening 
authority. 
‘‘(2) ASSIGNMENT OF SPECIAL VICTIM PROSECU-
TORS.—Notwithstanding section 806 of this title (ar-
ticle 6) each special victim prosecutor and assistant 
special victim prosecutor detailed by a Judge Advo-
cate General of a military department shall be as-
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00330
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
331 
signed to an Office of Special Victim Prosecutors es-
tablished by such Secretary.’’. 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of chapter 53 of title 10, United States Code, 
is amended by inserting after the item relating to section 
1044e the following new item: 
‘‘1044f. Special victim prosecutors: Department of Defense policies; establishment 
of Offices of Special Victim Prosecutors.’’. 
SEC. 534. DEFINITIONS OF MILITARY MAGISTRATE, SPECIAL 
VICTIM OFFENSE, AND SPECIAL VICTIM PROS-
ECUTOR. 
Section 801 of title 10, United States Code (article 1 
of the Uniform Code of Military Justice), is amended— 
(1) by inserting after paragraph (10) the fol-
lowing new paragraph: 
‘‘(11) The term ‘military magistrate’ means a 
commissioned officer certified for duty as a military 
magistrate in accordance with section 826a of this 
title (article 26a).’’. 
(2) by adding at the end the following new para-
graphs: 
‘‘(17) The term ‘special victim offense’ means— 
‘‘(A) an offense under section 917a (article 
117a), section 919a (article 119a), section 919b 
(article 119b), section 920 (article 120), section 
925 (article 125), section 920b (article 120b), 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00331
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
332 
section 920c (article 120c), section 920d (article 
120d), section 928b (article 128b), section 930 
(article 130), section 932 (article 132), or section 
934 (article 134) (as it relates to child pornog-
raphy, pandering, and prostitution) of this title; 
‘‘(B) any offense under this chapter in a 
case in which the victim of the offense was a 
child who had not attained the age of 18 years 
as of the date of the offense; 
‘‘(C) a conspiracy to commit an offense 
specified in subparagraph (A) or (B) as punish-
able under section 881 of this title (article 81); 
‘‘(D) a solicitation to commit an offense 
specified in subparagraph (A) or (B) as punish-
able under section 882 of this title (article 82); 
‘‘(E) an attempt to commit an offense speci-
fied in subparagraph (A), (B), (C), or (D) as 
punishable under section 880 of this title (article 
80); or 
‘‘(18) The term ‘special victim prosecutor’ means 
a judge advocate detailed as the special victim pros-
ecutor of an armed force in accordance with section 
824a(a)(1) of this title (article 24a(a)(1)). 
‘‘(19) The term ‘assistant special victim pros-
ecutor’ means a judge advocate detailed as an assist-
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00332
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
333 
ant special victim prosecutor in accordance with sec-
tion 824a(a)(2) of this title (article 24a(a)(2)).’’. 
SEC. 535. CLARIFICATION RELATING TO WHO MAY CON-
VENE COURTS-MARTIAL. 
(a) GENERAL COURTS-MARTIAL.—Section 822(b) of 
title 10, United States Code (article 22(b) of the Uniform 
Code of Military Justice), is amended— 
(1) by striking ‘‘If any’’ and inserting ‘‘(1) If 
any’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(2) A commanding officer shall not be considered an 
accuser solely due to the role of the commanding officer in 
convening a general court-martial to which charges and 
specifications were referred by a special victim prosecutor 
in accordance with this chapter.’’. 
(b) SPECIAL COURTS-MARTIAL.—Section 823(b) of 
title 10, United States Code (article 23(b) of the Uniform 
Code of Military Justice), is amended— 
(1) by striking ‘‘If any’’ and inserting ‘‘(1) If 
any’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(2) A commanding officer shall not be considered an 
accuser solely due to the role of the commanding officer in 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00333
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
334 
convening a special court-martial to which charges and 
specifications were referred by a special victim prosecutor 
in accordance with this chapter.’’. 
SEC. 536. DETAIL OF TRIAL COUNSEL. 
Section 827 of title 10, United States Code (article 27 
of the Uniform Code of Military Justice), is amended by 
adding at the end the following new subsection: 
‘‘(e) For each general and special court-martial for 
which charges and specifications were referred by a special 
victim prosecutor— 
‘‘(1) a special victim prosecutor or an assistant 
special victim prosecutor shall be detailed as trial 
counsel; 
‘‘(2) a special victim prosecutor may detail a 
special victim prosecutor or an assistant special vic-
tim prosecutor as an assistant trial counsel; and 
‘‘(3) a special victim prosecutor may request that 
a counsel other than a special victim prosecutor or as-
sistant special victim prosecutor be detailed as an as-
sistant trial counsel.’’. 
SEC. 537. PRELIMINARY HEARING. 
(a) DETAIL OF HEARING OFFICER; WAIVER.—Sub-
section (a)(1) of section 832 of title 10, United States Code 
(article 32 of the Uniform Code of Military Justice), is 
amended— 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00334
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
335 
(1) in subparagraph (A), by striking ‘‘hearing 
officer’’ and all that follows and inserting ‘‘hearing 
officer detailed in accordance with subparagraph 
(C).’’; 
(2) in subparagraph (B), by striking ‘‘written 
waiver’’ and all that follows and inserting the fol-
lowing: ‘‘written waiver to— 
‘‘(i) except as provided in clause (ii), 
the convening authority and the convening 
authority determines that a hearing is not 
required; and 
‘‘(ii) with respect to charges and speci-
fications over which the special victim pros-
ecutor is exercising authority in accordance 
with section 824a of this title (article 24a), 
the special victim prosecutor and the special 
victim prosecutor determines that a hearing 
is not required; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(C)(i) Except as provided in clause (ii), the 
convening authority shall detail a hearing officer. 
‘‘(ii) If a special victim prosecutor is exercising 
authority over the charges and specifications subject 
to a preliminary hearing under this section (article), 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00335
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
336 
the special victim prosecutor shall request a military 
judge or military magistrate to serve as the hearing 
officer, and a military judge or military magistrate 
shall be provided, in accordance with regulations pre-
scribed by the President.’’. 
(b) REPORT OF PRELIMINARY HEARING OFFICER.— 
Subsection (c) of such section is amended— 
(1) in the heading, by inserting ‘‘OR SPECIAL 
VICTIM PROSECUTOR’’ after ‘‘CONVENING AUTHOR-
ITY’’; and 
(2) in the matter preceding paragraph (1) by 
striking ‘‘to the convening authority’’ and inserting 
‘‘to the convening authority or, in the case of a pre-
liminary hearing in which the hearing officer is pro-
vided at the request of a special victim prosecutor, to 
the special victim prosecutor,’’. 
SEC. 538. ADVICE TO CONVENING AUTHORITY BEFORE RE-
FERRAL FOR TRIAL. 
Section 834 of title 10, United States Code (article 34 
of the Uniform Code of Military Justice), is amended— 
(1) in subsection (a)(1) in the matter preceding 
subparagraph (A) in the first sentence, by striking 
‘‘Before referral’’ and inserting ‘‘Subject to subsection 
(c), before referral’’; 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00336
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
337 
(2) in subsection (b), by striking ‘‘Before refer-
ral’’ and inserting ‘‘Subject to subsection (c), before 
referral’’; 
(3) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; 
(4) by inserting after subsection (b) the following 
new subsection: 
‘‘(c) SPECIAL VICTIM OFFENSES.—A referral to a gen-
eral or special court-martial for trial of charges and speci-
fications over which a special victim prosecutor exercises 
authority may only be made— 
‘‘(1) by a special victim prosecutor; or 
‘‘(2) by the convening authority in the case of— 
‘‘(A) charges and specifications that do not 
allege a special victim offense and for which a 
special victim prosecutor declines to prefer 
charges; or 
‘‘(B) charges and specifications preferred by 
a person other than a special victim prosecutor, 
for which a special victim prosecutor declines to 
refer charges.’’; and 
(5) in subsection (e), as redesignated by para-
graph (3) of this section, by inserting ‘‘or, with re-
spect to charges and specifications over which a spe-
cial victim prosecutor exercises authority in accord-
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00337
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
338 
ance with section 824a of this title (article 24a), a 
special victim prosecutor,’’ after ‘‘convening author-
ity’’. 
SEC. 539. FORMER JEOPARDY. 
Section 844(c) of title 10, United States Code (article 
44(c) of the Uniform Code of Military Justice), is amended 
by inserting ‘‘or the special victim prosecutor’’ after ‘‘the 
convening authority’’ each place it appears. 
SEC. 539A. PLEA AGREEMENTS. 
(a) AUTHORITY TO ENTER INTO AGREEMENTS.—Sub-
section (a) of section 853a of title 10, United States Code 
(article 53a of the Uniform Code of Military Justice), is 
amended— 
(1) in paragraph (1), by striking ‘‘At any time’’ 
and inserting ‘‘Subject to paragraph (3), at any 
time’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(3) With respect to charges and specifications referred 
to court-martial by a special victim prosecutor, a plea 
agreement under this section may only be entered into be-
tween a special victim prosecutor and the accused. Such 
agreement shall be subject to the same limitations and con-
ditions applicable to other plea agreements under this sec-
tion (article).’’. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00338
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
339 
(b) BINDING EFFECT.—Subsection (d) of such section 
(article) is amended by inserting after ‘‘parties’’ the fol-
lowing: ‘‘(including the convening authority and the special 
victim prosecutor in the case of a plea agreement entered 
into under subsection (a)(3))’’. 
SEC. 539B. DETERMINATIONS OF IMPRACTICALITY OF RE-
HEARING. 
(a) TRANSMITTAL AND REVIEW OF RECORDS.—Sec-
tion 865(e)(3)(B) of title 10, United States Code (article 
65(e)(3)(B) of the Uniform Code of Military Justice), is 
amended— 
(1) by striking ‘‘IMPRACTICAL.—If the Judge Ad-
vocate General’’ and inserting the following: ‘‘IM-
PRACTICAL.— 
‘‘(i) IN
GENERAL.—Subject to clause 
(ii), if the Judge Advocate General’’; and 
(2) by adding at the end the following new 
clause: 
‘‘(ii) CASES
REFERRED
BY
SPECIAL 
VICTIM
PROSECUTOR.—If a case was re-
ferred to trial by a special victim pros-
ecutor, a special victim prosecutor shall de-
termine if a rehearing is impractical and 
shall dismiss the charges if the special vic-
tim prosecutor so determines.’’. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00339
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
340 
(b) 
COURTS
OF
CRIMINAL
APPEALS.—Section 
866(f)(1)(C) of title 10, United States Code (article 
66(f)(1)(C) of the Uniform Code of Military Justice), is 
amended— 
(1) by striking ‘‘IMPRACTICABLE.—If the Court 
of Criminal Appeals’’ and inserting the following: 
‘‘IMPRACTICABLE.— 
‘‘(i) IN
GENERAL.—Subject to clause 
(ii), if the Court of Criminal Appeals’’; and 
(2) by adding at the end the following new 
clause: 
‘‘(ii) CASES
REFERRED
BY
SPECIAL 
VICTIM
PROSECUTOR.—If a case was re-
ferred to trial by a special victim pros-
ecutor, a special victim prosecutor shall de-
termine if a rehearing is impracticable and 
shall dismiss the charges if the special vic-
tim prosecutor so determines.’’. 
(c) REVIEW BY THE COURT OF APPEALS FOR THE 
ARMED FORCES.—Section 867(e) of title 10, United States 
Code (article 67(e) of the Uniform Code of Military Jus-
tice), is amended by adding at the end the following new 
sentence: ‘‘Notwithstanding the preceding sentence, if a case 
was referred to trial by a special victim prosecutor, a spe-
cial victim prosecutor shall determine if a rehearing is im-
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00340
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
341 
practicable and shall dismiss the charges if the special vic-
tim prosecutor so determines.’’. 
(d) REVIEW BY JUDGE ADVOCATE GENERAL.—Section 
869(c)(1)(D) of title 10, United States Code (article 
69(c)(1)(D) of the Uniform Code of Military Justice), is 
amended— 
(1) by striking ‘‘If the Judge Advocate General’’ 
and inserting ‘‘(i) Subject to clause (ii), if the Judge 
Advocate General’’; and 
(2) by adding at the end the following new 
clause: 
‘‘(ii) If a case was referred to trial by 
a special victim prosecutor, a special victim 
prosecutor shall determine if a rehearing is 
impractical and shall dismiss the charges if 
the special victim prosecutor so deter-
mines.’’. 
SEC. 539C. PUNITIVE ARTICLE ON SEXUAL HARASSMENT. 
(a) IN GENERAL.—Subchapter X of chapter 47 of title 
10, United States Code (the Uniform Code of Military Jus-
tice), is amended by inserting after section 920c (article 
120c) the following new section (article): 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00341
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
342 
‘‘§ 920d. Art. 120d. sexual harassment 
‘‘(a) IN GENERAL.—Any person subject to this chapter 
who commits sexual harassment against another person 
shall be punished as a court-martial may direct. 
‘‘(b) ELEMENTS.—A person subject to this chapter 
commits sexual harassment when— 
‘‘(1) such person knowingly— 
‘‘(A) makes a sexual advance; 
‘‘(B) demands or requests a sexual favor; or 
‘‘(C) engages in other conduct of a sexual 
nature; 
‘‘(2) the conduct described in paragraph (1) that 
such person committed is unwelcome; 
‘‘(3) under the circumstances, on the basis of the 
record as a whole, such conduct would cause a reason-
able person to— 
‘‘(A) believe that submission to, or rejection 
of, such conduct would be made, either explicitly 
or implicitly, a term or condition of a person’s 
military duties, job, pay, career, benefits, or en-
titlements; 
‘‘(B) believe that submission to, or rejection 
of, such conduct would be used as a basis for 
military career or employment decisions affect-
ing that person; or 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00342
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
343 
‘‘(C) perceive an intimidating, hostile, or 
offensive duty or working environment due to the 
severity, repetitiveness, or pervasiveness of such 
conduct; and 
‘‘(4) a person, who by some duty or military-re-
lated reason works or is associated with the accused, 
did reasonably believe or perceive as described in sub-
paragraph (A), (B), or (C) of paragraph (3). 
‘‘(c) OTHER CONDUCT.—For purposes of subsection 
(b)(1)(C), whether other conduct would cause a reasonable 
person to believe it is of a sexual nature shall be dependent 
upon the circumstances of the act alleged and may include 
conduct that, without context, would not appear to be sexual 
in nature. 
‘‘(d) LOCATION AND MEANS OF ACT.—An act consti-
tuting sexual harassment under this section— 
‘‘(1) may occur at any location and without re-
gard to whether the victim or accused is on or off 
duty at the time of the alleged act; 
‘‘(2) does not require physical proximity between 
the victim and the accused; and 
‘‘(3) may be transmitted through any means, in-
cluding written, oral, online, or other electronic 
means.’’. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00343
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
344 
(b) CLERICAL AMENDMENT.—The table of sections at 
the beginning of such subchapter is amended by inserting 
after the item relating to section 920c (article 120c) the fol-
lowing new item: 
‘‘920d. Art. 120d. Sexual harassment.’’. 
SEC. 539D. CLARIFICATION OF APPLICABILITY OF DOMES-
TIC VIOLENCE AND STALKING TO DATING 
PARTNERS. 
(a) ARTICLE 128B; DOMESTIC VIOLENCE.—Section 
928b of title 10, United States Code (article 128b of the 
Uniform Code of Military Justice), is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘Any person’’ and inserting the following: 
‘‘(a) IN GENERAL.—Any person’’. 
(2) by inserting ‘‘a dating partner,’’ after ‘‘an 
intimate partner,’’ each place it appears; and 
(3) by adding at the end the following new sub-
section: 
‘‘(b) DEFINITIONS.—In this section, the terms dating 
partner,‘immediate family’, and ‘intimate partner’ have the 
meaning given such terms in section 930 of this title (article 
130).’’. 
(b) ARTICLE 130; STALKING.—Section 930 of such title 
(article 130 of the Uniform Code of Military Justice) is 
amended— 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00344
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
345 
(1) in subsection (a), by striking ‘‘or to his or 
her intimate partner’’ each place it appears and in-
serting ‘‘to his or her intimate partner, or to his or 
her dating partner’’; 
(2) in subsection (b)— 
(A) 
by 
redesignating 
paragraphs 
(3) 
through (5) as paragraphs (4) through (6), re-
spectively; and 
(B) by inserting after paragraph (2) the fol-
lowing new paragraph: 
‘‘(3) The term ‘dating partner’, in the case of a 
specific person, means a person who is or has been in 
a social relationship of a romantic or intimate nature 
with such specific person, and a reasonable person 
would believe such a relationship exists or existed, 
based on— 
‘‘(A) the length of the relationship; 
‘‘(B) the type of relationship; and 
‘‘(C) the frequency of interaction between 
the persons involved in the relationship.’’. 
SEC. 539E. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided in subsection 
(b), the amendments made by this part shall take effect on 
the date that is two years after the date of the enactment 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00345
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
346 
of this Act and shall apply with respect to offenses that 
occur after that date. 
(b) REGULATIONS.— 
(1) REQUIREMENT.—The President shall pre-
scribe regulations to carry out this part not later 
than two years after the date of the enactment of this 
Act. 
(2) IMPACT
OF
DELAY
OF
ISSUANCE.—If the 
President does not prescribe regulations to carry out 
this part before the date that is two years after the 
date of the enactment of this Act, the amendments 
made by this part shall take effect on the date on 
which such regulations are prescribed and shall apply 
with respect to offenses that occur on or after that 
date. 
PART 2—SENTENCING REFORM 
SEC. 539F. SENTENCING REFORM. 
(a) ARTICLE 53; FINDINGS AND SENTENCING.—Sec-
tion 853 of title 10, United States Code (article 53 of the 
Uniform Code of Military Justice), is amended— 
(1) in subsection (b), by amending paragraph 
(1) to read as follows: 
‘‘(1) GENERAL AND SPECIAL COURTS-MARTIAL.— 
Except as provided in subsection (c) for capital of-
fenses, if the accused is convicted of an offense in a 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00346
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
347 
trial by general or special court-martial, the military 
judge shall sentence the accused. The sentence deter-
mined by the military judge constitutes the sentence 
of the court-martial.’’; 
(2) in subsection (c)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) IN GENERAL.—In a capital case, if the ac-
cused is convicted of an offense for which the court- 
martial may sentence the accused to death— 
‘‘(A) the members shall determine— 
‘‘(i) whether the sentence for that of-
fense shall be death or life in prison without 
eligibility for parole; or 
‘‘(ii) whether the matter shall be re-
turned to the military judge for determina-
tion of a lesser punishment; and 
‘‘(B) the military judge shall sentence the 
accused for that offense in accordance with the 
determination of the members under subpara-
graph (A).’’; and 
(B) in paragraph (2), by striking ‘‘the 
court-martial’’ and inserting ‘‘the military 
judge’’. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00347
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
348 
(b) ARTICLE 53A; PLEA AGREEMENTS.—Section 853a 
of title 10, United States Code (article 53a of the Uniform 
Code of Military Justice), as amended by section 539A of 
this subtitle, is further amended— 
(1) by redesignating subsections (b), (c), and (d), 
as subsections (c), (d), and (e), respectively; and 
(2) by inserting after subsection (a) the following 
new subsection: 
‘‘(b) ACCEPTANCE OF PLEA AGREEMENT.—Subject to 
subsections (c) and (d), the military judge of a general or 
special court-martial shall accept a plea agreement sub-
mitted by the parties, except that— 
‘‘(1) in the case of an offense with a sentencing 
parameter under section 856 of this chapter (article 
56), the military judge may reject a plea agreement 
that proposes a sentence that is outside the sentencing 
parameter if the military judge determines that the 
proposed sentence is plainly unreasonable; and 
‘‘(2) in the case of an offense with no sentencing 
parameter under section 856 of this chapter (article 
56), the military judge may reject a plea agreement 
that proposes a sentence if the military judge deter-
mines that the proposed sentence is plainly unreason-
able.’’. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00348
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
349 
(c) ARTICLE 56; SENTENCING.—Section 856 of title 10, 
United States Code (article 56 of the Uniform Code of Mili-
tary Justice), is amended— 
(1) in subsection (c)— 
(A) in paragraph (1)— 
(i) in subparagraph (C)(vii), by strik-
ing ‘‘and’’ at the end; 
(ii) in subparagraph (D), by striking 
the period at the end and inserting ‘‘; and’’; 
and 
(iii) by adding at the end the following 
new subparagraph: 
‘‘(E) the applicable sentencing parameters 
or sentencing criteria prescribed under this sec-
tion.’’; 
(B) by striking paragraphs (2) through (4) 
and inserting the following new paragraphs: 
‘‘(2) APPLICATION OF SENTENCING PARAMETERS 
IN GENERAL AND SPECIAL COURTS-MARTIAL.— 
‘‘(A) REQUIREMENT TO SENTENCE WITHIN 
PARAMETERS.—Except as provided in subpara-
graph (B), in a general or special court-martial 
in which the accused is convicted of an offense 
for which there is a sentencing parameter under 
subsection (d), the military judge shall sentence 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00349
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
350 
the accused for that offense within the applicable 
parameter. 
‘‘(B) EXCEPTION.—The military judge may 
impose a sentence outside a sentencing param-
eter upon finding specific facts that warrant 
such a sentence. If the military judge imposes a 
sentence outside a sentencing parameter under 
this subparagraph, the military judge shall in-
clude in the record a written statement of the 
factual basis for the sentence. 
‘‘(3) USE OF SENTENCING CRITERIA IN GENERAL 
AND SPECIAL COURTS-MARTIAL.—In a general or spe-
cial court-martial in which the accused is convicted 
of an offense for which there are sentencing criteria 
under subsection (d), the military judge shall consider 
the applicable sentencing criteria in determining the 
sentence for that offense. 
‘‘(4) OFFENSE-BASED SENTENCING IN GENERAL 
AND SPECIAL COURTS-MARTIAL.—In announcing the 
sentence under section 853 of this chapter (article 53) 
in a general or special court-martial, the military 
judge shall, with respect to each offense of which the 
accused is found guilty, specify the term of confine-
ment, if any, and the amount of the fine, if any. If 
the accused is sentenced to confinement for more than 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00350
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
351 
one offense, the military judge shall specify whether 
the terms of confinement are to run consecutively or 
concurrently. 
‘‘(5) INAPPLICABILITY
TO
DEATH
PENALTY.— 
Sentencing parameters and sentencing criteria shall 
not apply to a determination of whether an offense 
should be punished by death. 
‘‘(6) SENTENCE
OF
CONFINEMENT
FOR
LIFE 
WITHOUT ELIGIBILITY FOR PAROLE.—(A) If an of-
fense is subject to a sentence of confinement for life, 
a court-martial may impose a sentence of confine-
ment for life without eligibility for parole. 
‘‘(B) An accused who is sentenced to confinement 
for life without eligibility for parole shall be confined 
for the remainder of the accused’s life unless— 
‘‘(i) the sentence is set aside or otherwise 
modified as a result of— 
‘‘(I) action taken by the convening au-
thority or the Secretary concerned; or 
‘‘(II) any other action taken during 
post-trial procedure or review under any 
other provision of subchapter IX of this 
chapter; 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00351
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
352 
‘‘(ii) the sentence is set aside or otherwise 
modified as a result of action taken by a court 
of competent jurisdiction; or 
‘‘(iii) the accused receives a pardon or an-
other form of Executive clemency.’’; 
(2) by redesignating subsection (d) as subsection 
(e); 
(3) by inserting after subsection (c) the following 
new subsection: 
‘‘(d) ESTABLISHMENT OF SENTENCING PARAMETERS 
AND SENTENCING CRITERIA.— 
‘‘(1) IN GENERAL.—The President shall prescribe 
regulations establishing sentencing parameters and 
sentencing criteria in accordance with this subsection. 
Such parameters and criteria— 
‘‘(A) shall cover sentences of confinement; 
and 
‘‘(B) may cover lesser punishments, as the 
President determines appropriate. 
‘‘(2) 
SENTENCING
PARAMETERS.—Sentencing 
parameters established under paragraph (1) shall— 
‘‘(A) identify a delineated sentencing range 
for an offense that is appropriate for a typical 
violation of the offense, taking into consider-
ation— 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00352
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
353 
‘‘(i) the severity of the offense; 
‘‘(ii) the guideline or offense category 
that would apply to the offense if the offense 
were tried in a United States district court; 
‘‘(iii) any military-specific sentencing 
factors; and 
‘‘(iv) the need for the sentencing pa-
rameter to be sufficiently broad to allow for 
individualized consideration of the offense 
and the accused; 
‘‘(B) include no fewer than five and no 
more than twelve offense categories; 
‘‘(C) assign each offense under this chapter 
to an offense category unless the offense is identi-
fied as unsuitable for sentencing parameters 
under paragraph (4)(F)(ii); 
‘‘(D) delineate the confinement range for 
each offense category by setting an upper con-
finement limit and a lower confinement limit; 
and 
‘‘(E) be neutral as to the race, color, reli-
gion, national origin, ethnicity, gender, gender 
identity, disability, sexual orientation, and so-
cioeconomic status of offenders. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00353
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
354 
‘‘(3) SENTENCING
CRITERIA.—Sentencing cri-
teria established under paragraph (1) shall identify 
offense-specific factors the military judge should con-
sider and any collateral effects of available punish-
ments that may aid the military judge in deter-
mining an appropriate sentence when there is no ap-
plicable sentencing parameter for a specific offense. 
‘‘(4) MILITARY
SENTENCING
PARAMETERS
AND 
CRITERIA BOARD.— 
‘‘(A) IN
GENERAL.—There is established 
within the Department of Defense a board, to be 
known as the ‘Military Sentencing Parameters 
and Criteria Board’ (referred to in this sub-
section as the ‘Board’). 
‘‘(B) VOTING MEMBERS.—The Board shall 
have five voting members, as follows: 
‘‘(i) The four chief trial judges des-
ignated under section 826(g) of this chapter 
(article 26(g)), except that, if the chief trial 
judge of the Coast Guard is not available, 
the Judge Advocate General of the Coast 
Guard may designate as a voting member a 
judge advocate of the Coast Guard with sub-
stantial military justice experience. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00354
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
355 
‘‘(ii) A trial judge of the Navy, des-
ignated under regulations prescribed by the 
President, if the chief trial judges des-
ignated under section 826(g) of this chapter 
(article 26(g)) do not include a trial judge 
of the Navy. 
‘‘(iii) A trial judge of the Marine 
Corps, designated under regulations pre-
scribed by the President, if the chief trial 
judges designated under section 826(g) of 
this chapter (article 26(g)) do not include a 
trial judge of the Marine Corps. 
‘‘(C) NONVOTING
MEMBERS.—The Chief 
Judge of the Court of Appeals for the Armed 
Forces, the Chairman of the Joint Chiefs of Staff, 
and the General Counsel of the Department of 
Defense shall each designate one nonvoting mem-
ber of the Board. 
‘‘(D) CHAIR
AND
VICE-CHAIR.—The Sec-
retary of Defense shall designate one voting 
member as chair of the Board and one voting 
member as vice-chair. 
‘‘(E) VOTING REQUIREMENT.—An affirma-
tive vote of at least three members is required for 
any action of the Board under this subsection. 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00355
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
356 
‘‘(F) DUTIES OF BOARD.—The Board shall 
have the following duties: 
‘‘(i) As directed by the President, the 
Board shall submit to the President for ap-
proval— 
‘‘(I) sentencing parameters for all 
offenses under this chapter (other than 
offenses that the Board identifies as 
unsuitable for sentencing parameters 
in accordance with clause (ii)); and 
‘‘(II) sentencing criteria to be 
used by military judges in determining 
appropriate sentences for offenses that 
are identified as unsuitable for sen-
tencing parameters in accordance with 
clause (ii). 
‘‘(ii) Identify each offense under this 
chapter that is unsuitable for sentencing pa-
rameters. The Board shall identify an of-
fense as unsuitable for sentencing param-
eters if— 
‘‘(I) the nature of the offense is in-
determinate and unsuitable for cat-
egorization; and 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00356
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
357 
‘‘(II) there is no similar criminal 
offense under the laws of the United 
States or the laws of the District of Co-
lumbia. 
‘‘(iii) In developing sentencing param-
eters and criteria, the Board shall consider 
the sentencing data collected by the Military 
Justice Review Panel pursuant to section 
946(f)(2) of this chapter (article 146(f)(2)). 
‘‘(iv) In addition to establishing pa-
rameters for sentences of confinement under 
clause (i)(I), the Board shall consider the 
appropriateness of establishing sentencing 
parameters for punitive discharges, fines, 
reductions, forfeitures, and other lesser pun-
ishments authorized under this chapter. 
‘‘(v) The Board shall regularly— 
‘‘(I) review, and propose revision 
to, in consideration of comments and 
data coming to the Board’s attention, 
the sentencing parameters and sen-
tencing criteria prescribed under para-
graph (1); and 
‘‘(II) submit to the President, 
through the Secretary of Defense, pro-
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00357
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
358 
posed amendments to the sentencing 
parameters and sentencing criteria, to-
gether with statements explaining the 
basis for the proposed amendments. 
‘‘(vi) The Board shall develop means of 
measuring the degree to which applicable 
sentencing, penal, and correctional practices 
are effective with respect to the sentencing 
factors and policies set forth in this section. 
‘‘(vii) In fulfilling its duties and in ex-
ercising its powers, the Board shall consult 
authorities on, and individual and institu-
tional representatives of, various aspects of 
the military criminal justice system. The 
Board shall establish separate advisory 
groups consisting of individuals with cur-
rent or recent experience in command and 
in senior enlisted positions, individuals 
with experience in the trial of courts-mar-
tial, and such other groups as the Board 
deems appropriate. 
‘‘(viii) The Board shall submit to the 
President, through the Secretary of Defense, 
proposed amendments to the rules for 
courts-martial with respect to sentencing 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00358
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
359 
proceedings and maximum punishments, to-
gether with statements explaining the basis 
for the proposed amendments. 
‘‘(ix) The Board may issue non-bind-
ing policy statements to achieve the Board’s 
purposes and to guide military judges in 
fashioning appropriate sentences, including 
guidance on factors that may be relevant in 
determining where in a sentencing param-
eter a specification may fall, or whether a 
deviation outside of the sentencing range 
may be warranted. 
‘‘(G) 
FEDERAL
ADVISORY
COMMITTEE 
ACT.—The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply with respect to the 
Board or any advisory group established by the 
Board.’’; and 
(4) in subsection (e)(1), as redesignated by para-
graph (2) of this subsection— 
(A) in subparagraph (A), by striking ‘‘or’’ 
at the end; 
(B) by redesignating subparagraph (B) as 
subparagraph (C); 
(C) by inserting after subparagraph (A) the 
following new subparagraph: 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00359
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
360 
‘‘(B) in the case of a sentence for an offense with 
a sentencing parameter under this section, the sen-
tence is a result of an incorrect application of the pa-
rameter; or’’; and 
(D) in subparagraph (C), as redesignated 
by subparagraph (B) of this paragraph, by strik-
ing ‘‘, as determined in accordance with stand-
ards and procedures prescribed by the Presi-
dent’’. 
(d) ARTICLE 66; COURTS OF CRIMINAL APPEALS.— 
Section 866 of title 10, United States Code (article 66 of 
the Uniform Code of Military Justice) is amended— 
(1) in subsection (d)(1)(A), by striking the third 
sentence; and 
(2) by amending subsection (e) to read as fol-
lows: 
‘‘(e) CONSIDERATION OF SENTENCE.— 
‘‘(1) IN GENERAL.—In considering a sentence on 
appeal, other than as provided in section 856(e) of 
this chapter (article 56(e)), the Court of Criminal Ap-
peals may consider— 
‘‘(A) whether the sentence violates the law; 
‘‘(B) whether the sentence is inappropri-
ately severe— 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00360
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
361 
‘‘(i) if the sentence is for an offense for 
which there is no sentencing parameter 
under section 856(d) of this chapter (article 
56(d)); or 
‘‘(ii) in the case of an offense with a 
sentencing parameter under section 856(d) 
of this chapter (article 56(d)), if the sen-
tence is above the upper range of such sen-
tencing parameter; 
‘‘(C) in the case of a sentence for an offense 
with a sentencing parameter under section 
856(d) of this chapter (article 56(d)), whether the 
sentence is a result of an incorrect application of 
the parameter; 
‘‘(D) whether the sentence is plainly unrea-
sonable; and 
‘‘(E) in review of a sentence to death or to 
life in prison without eligibility for parole deter-
mined by the members in a capital case under 
section 853(c) of this chapter (article 53(c)), 
whether the sentence is otherwise appropriate, 
under rules prescribed by the President. 
‘‘(2) RECORD ON APPEAL.—In an appeal under 
this subsection or section 856(e) of this chapter (arti-
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00361
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
362 
cle 56(e)), other than review under subsection (b)(2), 
the record on appeal shall consist of— 
‘‘(A) any portion of the record in the case 
that is designated as pertinent by any party; 
‘‘(B) the information submitted during the 
sentencing proceeding; and 
‘‘(C) any information required by rule or 
order of the Court of Criminal Appeals.’’. 
(e) CONFORMING AMENDMENTS.— 
(1) Section 863(c) of title 10, United States Code 
(article 63(c) of the Uniform Code of Military Jus-
tice) is amended by striking ‘‘section 856(d) of this 
title (article 56(d))’’ and inserting ‘‘section 856(e) of 
this chapter (article 56(e))’’. 
(2) Section 866 of title 10, United States Code 
(article 66 of the Uniform Code of Military Justice), 
as amended by subsection (d), is further amended by 
striking ‘‘section 856(d) of this title (article 56(d))’’ 
each place it appears and inserting ‘‘section 856(e) of 
this chapter (article 56(e))’’. 
(f) EFFECTIVE DATE.— 
(1) IN
GENERAL.—The amendments made by 
this section shall take effect on the date that is two 
years after the date of the enactment of this Act and 
shall apply to sentences adjudged in cases in which 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00362
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS
363 
all findings of guilty are for offenses that occurred 
after the date that is two years after the date of the 
enactment of this Act. 
(2) IMPLEMENTATION
OF
SENTENCING
PARAM-
ETERS AND CRITERIA.— 
(A) IN GENERAL.—The President shall pre-
scribe regulations setting forth the sentencing pa-
rameters and criteria required by subsection (d) 
of section 856 of title 10, United States Code (ar-
ticle 56 of the Uniform Code of Military Justice), 
as added by subsection (c) of this section. 
(B) EFFECTIVE
DATES.—The regulations 
under subparagraph (A) shall take effect on a 
date determined by the President which shall be 
not later than four years after the date of enact-
ment of this Act and shall apply only to sen-
tences adjudged in cases in which all findings of 
guilty are for offenses that occurred after the date 
on which the regulations required by subpara-
graph (A) take effect. 
(C) INTERIM
AUTHORITY
OF
JUDGES.—If 
the regulations required by subparagraph (A) 
have not been prescribed as of the date on which 
the amendments made by this section take effect 
under paragraph (1), each sentence adjudged in 
VerDate Sep 11 2014 
21:37 Sep 10, 2021
Jkt 019200
PO 00000
Frm 00363
Fmt 6652
Sfmt 6203
E:\BILLS\H4350.RH
H4350
pbinns on DSKJLVW7X2PROD with BILLS