305 
provement of the breeding, health, performance, 
or training of explosives detection working dogs. 
(C) Any research areas relating to explo-
sives detection working dogs in which there is 
a need for ongoing research but no such ongo-
ing research is being carried out by either the 
Secretary of Defense or the Secretary of Home-
land Security, particularly with respect to the 
health, domestic breeding, and training of ex-
plosives detection working dogs. 
(D) How the recent and ongoing research 
efforts of the Department of Defense and the 
Department of Homeland Security, respectively, 
may improve the domestic breeding of working 
dogs, including explosives detection working 
dogs, and the health outcomes and performance 
of such domestically bred working dogs, includ-
ing through coordination with academic or in-
dustry partners with experience in research re-
lating to working dogs. 
(E) Potential opportunities for the Sec-
retary of Defense to collaborate with the Sec-
retary of Homeland Security on research relat-
ing to explosives detection working dogs.
306 
(F) Any research partners of the Depart-
ment of Defense or the Department of Home-
land Security, or both, that may be beneficial in 
assisting with the research efforts and areas de-
scribed in this subsection. 
(c) PLAN REQUIRED.—Not later than 180 days of 
the date of the enactment of this Act, the Secretary of 
Defense shall submit to the congressional defense commit-
tees a plan for the Secretary of Defense to collaborate, 
as appropriate, with the Secretary of Homeland Security 
on research relating to explosives detection working dogs 
and other relevant matters. Such plan shall include the 
following: 
(1) An analysis of potential opportunities for 
collaboration between the Secretary of Defense and 
the Secretary of Homeland Security on the research 
efforts and areas described in subsection (a)(2). 
(2) An identification of specific programs or 
areas of research for such collaboration. 
(3) An identification of any additional agree-
ments or authorities necessary for the Secretaries to 
carry out such collaboration. 
(4) An identification of additional funding nec-
essary to carry out such collaboration.
307 
(5) An analysis of potential coordination on the 
research efforts and areas described in subsection 
(a)(2) with academic and industry partners with ex-
perience in research relating to working dogs, in-
cluding an identification of potential opportunities 
for such coordination in carrying out the collabora-
tion described in paragraph (1). 
(6) A proposed timeline for the Secretary of 
Defense to engage in such collaboration, including 
specific proposed deadlines. 
(7) Any other matters the Secretary of Defense 
considers appropriate. 
(d) EXPLOSIVES DETECTION WORKING DOG.—In 
this section, the term ‘‘explosives detection working dog’’ 
means a canine that, in connection with the work duties 
of the canine performed for a Federal department or agen-
cy, is certified and trained to detect odors indicating the 
presence of explosives in a given object or area, in addition 
to the performance of such other duties for the Federal 
department or agency as may be assigned. 
SEC. 386. ESTABLISHMENT OF ARMY AND AIR FORCE SAFE-
TY COMMANDS; IMPLEMENTATION OF ACCI-
DENT INVESTIGATION RECOMMENDATIONS. 
(a) SAFETY COMMANDS.— 
(1) ARMY SAFETY COMMAND.—
308 
(A) ESTABLISHMENT.—Not later than 180 
days after the date of the enactment of this 
Act, the Secretary of the Army shall establish 
within the Department of the Army an ‘‘Army 
Safety Command’’. 
(B) COMMANDER.—There is a Commander 
of the Army Safety Command. The Commander 
shall be selected by the Secretary of the Army 
from among the general officers of the Army 
who hold a rank of major general or higher. 
(C) DUTIES.—The duties of the Army 
Safety Command shall include, with respect to 
the Army, the formulation of safety policy, the 
development of risk management strategies, the 
monitoring of risk adjudication processes, the 
provision of safety-related training, and such 
other duties as the Secretary of the Army may 
determine appropriate. 
(2) AIR FORCE SAFETY COMMAND.— 
(A) ESTABLISHMENT.—Not later than 180 
days after the date of the enactment of this 
Act, the Secretary of the Air Force shall estab-
lish within the Department of the Air Force an 
‘‘Air Force Safety Command’’.
309 
(B) COMMANDER.—There is a Commander 
of the Air Force Safety Command. The Com-
mander shall be selected by the Secretary of the 
Air Force from among the general officers of 
the Air Force who hold a rank of major general 
or higher. 
(C) DUTIES.—The duties of the Air Force 
Safety Command shall include, with respect to 
the Air Force, the formulation of safety policy, 
the development of risk management strategies, 
the monitoring of risk adjudication processes, 
the provision of safety-related training, and 
such other duties as the Secretary of the Air 
Force may determine appropriate. 
(3) TRANSFER
OF
PREEXISTING
ORGANIZA-
TIONAL ELEMENTS.—As of the date on which the 
Safety Command of a military department is estab-
lished under this subsection, any element of that 
military department responsible for the duties of 
such Safety Command as of the day before the date 
of such establishment (including the duties, respon-
sibilities, and personnel of any such element) shall 
be transferred to such Safety Command. 
(4) BRIEFINGS.—Not later than 90 days after 
the date on which the Safety Command of a military
310 
department is established under this subsection, the 
Secretary of that military department shall provide 
to the congressional defense committees a briefing 
on the duties, assigned personnel, key lines of effort, 
and organizational structure of such Safety Com-
mand. 
(b) IMPLEMENTATION OF ACCIDENT INVESTIGATION 
RECOMMENDATION.— 
(1) ESTABLISHMENT
OF
RESPONSIBLE
ENTI-
TIES.— 
(A) ARMY.—Not later than 180 days of 
enactment of this Act, the Secretary of the 
Army shall establish within the Department of 
the Army an entity the primary responsibility of 
which is to ensure the implementation across 
the Army of recommended actions arising from 
accident investigations conducted by the De-
partment of Defense. 
(B) AIR FORCE.—Not later than 180 days 
of enactment of this Act, the Secretary of the 
Air Force shall establish within the Department 
of the Air Force an entity the primary responsi-
bility of which is to ensure the implementation 
across the Air Force of recommended actions
311 
arising from accident investigations conducted 
by the Department of Defense. 
(2) BRIEFINGS.—Not later than 90 days after 
the date on which the Secretary of a military depart-
ment establishes a responsible entity under para-
graph (1), that Secretary shall provide to the con-
gressional defense committees a briefing on the du-
ties, assigned personnel, key lines of effort, and or-
ganizational structure of such entity. 
SEC. 387. NATIONAL STANDARDS FOR FEDERAL FIRE PRO-
TECTION AT MILITARY INSTALLATIONS. 
(a) STANDARDS REQUIRED.—The Secretary of De-
fense shall ensure that— 
(1) members of the Armed Forces and employ-
ees of Defense Agencies who provide fire protection 
services to military installations shall comply with 
the National Consensus Standards developed by the 
National Fire Protection Association pursuant to 
section 12(d) of the National Technology Transfer 
and Advancement Act of 1995 (Pub. L. 104–113; 
15 U.S.C. 272 note); 
(2) the minimum staffing requirement for any 
firefighting vehicle responding to a structural build-
ing emergency at a military installation is not less 
than four firefighters per vehicle; and
312 
(3) the minimum staffing requirement for any 
firefighting vehicle responding to an aircraft or air-
field incident at a military installation is not less 
than three firefighters per vehicle. 
(b) DEFINITIONS.—In this section: 
(1) The terms ‘‘Armed Forces’’ and ‘‘Defense 
Agency’’ have the meanings given such terms in sec-
tion 101 of title 10, United States Code. 
(2) The term ‘‘firefighter’’ has the meaning 
given that term in section 707(b) of the National 
Defense Authorization Act for Fiscal Year 2020 
(Pub. L. 116–92; 10 U.S.C. 1074m note). 
(3) The term ‘‘military installation’’ has the 
meaning given that term in section 2801 of title 10, 
United States Code. 
SEC. 388. PILOT PROGRAM FOR TACTICAL VEHICLE SAFETY 
DATA COLLECTION. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Secretary of the 
Army and the Secretary of the Navy shall jointly carry 
out a pilot program to evaluate the feasibility of using 
data recorders to monitor, assess, and improve the readi-
ness and safety of the operation of military tactical vehi-
cles (in this section referred to as the ‘‘pilot program’’).
313 
(b) PURPOSES.—The purposes of the pilot program 
are— 
(1) to allow for the automated identification of 
hazards and potential hazards on and off military 
installations; 
(2) to mitigate and increase awareness of haz-
ards and potential hazards on and off military in-
stallations; 
(3) to identify near-miss accidents; 
(4) to create a standardized record source for 
accident investigations; 
(5) to assess individual driver proficiency, risk, 
and readiness; 
(6) to increase consistency in the implementa-
tion of military installation and unit-level range safe-
ty programs across military installations and units; 
(7) to evaluate the feasibility of incorporating 
metrics generated from data recorders into the safe-
ty reporting systems and to the Defense Readiness 
Reporting System as a measure of assessing safety 
risks, mitigations, and readiness; 
(8) to determine the costs and benefits of retro-
fitting data recorders on legacy platforms and in-
cluding data recorders as a requirement in acquisi-
tion of military tactical vehicles; and
314 
(9) any other matters as determined by the 
Secretary concerned. 
(c) REQUIREMENTS.—In carrying out the pilot pro-
gram, the Secretary of the Army and the Secretary of the 
Navy shall— 
(1) assess the feasibility of using commercial 
technology, such as smartphones or technologies 
used by insurance companies, as a data recorder; 
(2) test and evaluate a minimum of two data 
recorders that meet the pilot program requirements; 
(3) select a data recorder capable of collecting 
and exporting the telemetry data, event data, and 
driver identification during operation and accidents; 
(4) install and maintain a data recorder on a 
sufficient number of each of the military tactical ve-
hicles listed under subsection (f) at installations se-
lected by the Secretary concerned under subsection 
(e) for statistically significant results; 
(5) establish and maintain a database that con-
tains telemetry data, driver data, and event data 
captured by the data recorder; 
(6) regularly generate for each installation se-
lected under subsection (e) a dataset that is viewable 
in widely available mapping software of hazards and
315 
potential hazards based on telemetry data and event 
data captured by the data recorders; 
(7) generate actionable data sets and statistics 
on individual, vehicle, and military installation; 
(8) require commanders at the installations se-
lected under subsection (e) to incorporate the action-
able data sets and statistics into the installation 
range safety program; 
(9) require unit commanders at the installations 
selected under subsection (e) to incorporate the ac-
tionable data sets and statistics into the unit driver 
safety program; 
(10) evaluate the feasibility of integrating data 
sets and statistics to improve driver certification and 
licensing based on data recorded and generated by 
the data recorders; 
(11) use open architecture to the maximum ex-
tent practicable; and 
(12) carry out any other activities determined 
by the Secretary as necessary to meet the purposes 
under subsection (b). 
(d) IMPLEMENTATION PLAN.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary of the Army and the Secretary of the Navy shall 
develop a plan for implementing the pilot program.
316 
(e) LOCATIONS.—Each Secretary concerned shall 
carry out the pilot program at not fewer than one military 
installation in the United States selected by the Secretary 
concerned that meets the following conditions: 
(1) Contains the necessary force structure, 
equipment, and maneuver training ranges to collect 
driver and military tactical vehicle data during train-
ing and routine operation. 
(2) Represents at a minimum one of the five 
training ranges identified in the study by the Comp-
troller General of the United States titled ‘‘Army 
and Marine Corps Should Take Additional Actions 
to Mitigate and Prevent Training Accidents’’ that 
did not track unit location during the training 
events. 
(f) COVERED MILITARY TACTICAL VEHICLES.—The 
pilot program shall cover the following military tactical ve-
hicles: 
(1) Army Strykers. 
(2) Marine Corps Light Armored Vehicles. 
(3) Army Family of Medium Tactical Vehicles. 
(4) Marine Corps Medium Tactical Vehicle Re-
placements. 
(5) Army and Marine Corps High Mobility Mul-
tipurpose Wheeled Vehicles.
317 
(6) Army and Marine Corps Joint Light Tac-
tical Vehicles. 
(7) Army and United States Special Operations 
Command Ground Mobility Vehicles. 
(8) Army Infantry Squad Vehicles. 
(9) Army Heavy Tactical Wheeled Vehicles. 
(g) METRICS.—The Secretaries shall develop metrics 
to evaluate the effectiveness of the pilot program in moni-
toring, assessing, and improving vehicle safety, driver 
readiness, and mitigation of risk. 
(h) REPORTS.— 
(1) INITIAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of 
the Army and the Secretary of the Navy shall jointly 
submit to the congressional defense committees a re-
port on the pilot program that addresses the plan 
for implementing the requirements under subsection 
(c), including the established metrics under sub-
section (g). 
(2) INTERIM.—Not later than three years after 
the commencement of the pilot program, the Sec-
retary of the Army and the Secretary of the Navy 
shall jointly submit to the congressional defense 
committees a report on the status of the pilot pro-
gram, including the preliminary results in carrying
318 
out the pilot program, the metrics generated during 
the pilot program, disaggregated by military tactical 
vehicle, location, and service, and the implementa-
tion plan under subsection (d). 
(3) FINAL.— 
(A) IN GENERAL.—Not later than 90 days 
after the termination of the pilot program, the 
Secretary of the Army and the Secretary of the 
Navy shall jointly submit to the congressional 
defense committees a report on the results of 
the program. 
(B) ELEMENTS.—The report required by 
subparagraph (A) shall— 
(i) assess the effectiveness of the pilot 
program in meeting the purposes under 
subsection (b); 
(ii) include the metrics generated dur-
ing the pilot program, disaggregated by 
military tactical vehicle, location, and serv-
ice; 
(iii) include the views of range per-
sonnel, unit commanders, and tactical vehi-
cle operators involved in the pilot program 
on the level of effectiveness of the tech-
nology selected;
319 
(iv) provide a cost estimate for equip-
ping legacy military tactical vehicles with 
data recorders; 
(v) determine the instances in which 
data recorders should be a requirement in 
the acquisition of military tactical vehicles; 
(vi) recommend whether the pilot pro-
gram should be expanded or made into a 
program of record; and 
(vii) recommend any statutory, regu-
latory, or policy changes required to sup-
port the purposes under subsection (b). 
(i) TERMINATION.—The authority to carry out the 
pilot program under subsection (a) shall terminate five 
years after the date of the enactment of this Act. 
(j) DEFINITIONS.—In this section: 
(1) The term ‘‘accident’’ means a collision, roll-
over, or other mishap involving a motor vehicle. 
(2) The term ‘‘data recorder’’ means tech-
nologies installed in a motor vehicle to record driver 
identification, telemetry data, and event data related 
to the operation of the motor vehicle. 
(3) The term ‘‘driver identification’’ means data 
enabling the unique identification of the driver oper-
ating a motor vehicle.
320 
(4) The term ‘‘event data’’ includes data related 
to— 
(A) the start and conclusion of each vehicle 
operation; 
(B) a vehicle accident; 
(C) a vehicle acceleration, velocity, or loca-
tion with an increased potential for an accident; 
or 
(D) a vehicle orientation with an increased 
potential for an accident. 
(5) The term ‘‘Secretary concerned’’ means— 
(A) the Secretary of the Army with respect 
to matters concerning the Army; and 
(B) the Secretary of the Navy with respect 
to matters concerning the Navy and Marine 
Corps. 
(6) The term ‘‘tactical vehicle’’ means a motor 
vehicle designed to military specification, or a com-
mercial design motor vehicle modified to military 
specification, to provide direct transportation sup-
port of combat or tactical operations, or for the 
training of personnel for such operations. 
(7) The term ‘‘telemetry data’’ includes— 
(A) time; 
(B) vehicle distance traveled;
321 
(C) vehicle acceleration and velocity; 
(D) vehicle orientation, including roll, 
pitch, and yaw; and 
(E) vehicle location in a geographic coordi-
nate system, including elevation. 
SEC. 389. REQUIREMENT FOR PUBLIC DISCLOSURE OF RE-
SULTS OF DEPARTMENT OF DEFENSE LEAD 
TESTING. 
Section 345 of the National Defense Authorization 
Act for Fiscal Year 2022 (Public Law 117–81; 135 Stat. 
1645; 10 U.S.C. 2715 note) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by inserting ‘‘or 
lead’’ 
after 
‘‘(commonly 
referred 
to 
as 
‘PFAS’)’’; and 
(B) in paragraph (2), by inserting ‘‘or 
lead’’ after ‘‘substances’’; and 
(2) in subsections (b), (d), and (e), by inserting 
‘‘or lead’’ after ‘‘polyfluoroalkyl substances’’ each 
place such term appears. 
SEC. 390. BRIEFING RELATING TO USE OF RECYCLED RUB-
BER WASTE PRODUCTS BY DEPARTMENT OF 
DEFENSE. 
Not later than February 1, 2023, the Deputy Assist-
ant Secretary of Defense for Environment and Energy Re-
322 
silience shall provide to the Committees on Armed Services 
of the House of Representatives and the Senate a briefing 
on the use, and potential use, by the Department of recy-
cled and recyclable rubber products, including an assess-
ment of the utility of such use. 
SEC. 391. REVIVAL OF REPORT ON NON-FEDERALIZED NA-
TIONAL GUARD PERSONNEL, TRAINING, AND 
EQUIPMENT REQUIREMENTS. 
Section 10504(c)(1) of title 10, United States Code, 
is amended by striking ‘‘years 2018 through 2020’’ and 
inserting ‘‘years 2023 through 2025’’. 
SEC. 392. USE OF AMOUNTS AVAILABLE TO DEPARTMENT 
OF DEFENSE FOR OPERATION AND MAINTE-
NANCE FOR REMOVAL OF MUNITIONS AND 
EXPLOSIVES OF CONCERN IN GUAM. 
(a) IN GENERAL.—The Secretary of Defense may use 
amounts available to the Department of Defense for oper-
ation and maintenance to remove munitions and explosives 
of concern from military installations in Guam. 
(b) MONITORING OF REMOVAL.—The Secretary shall 
monitor and assess the removal by the Department of mu-
nitions and explosives of concern from military installa-
tions in Guam and shall constantly update processes for 
such removal to mitigate any issues relating to such re-
moval.
323 
(c) REPORT ON AMOUNTS NECESSARY.—Not later 
than 180 days after the date of the enactment of this Act, 
the Secretary of Defense shall submit to the congressional 
defense committees a report indicating the amounts nec-
essary to conduct removal of munitions and explosives of 
concern from military installations in Guam. 
(d) DEFINITION.—In this section, the term ‘‘muni-
tions and explosives of concern’’ has the meaning given 
that term in section 179.3 of title 32, Code of Federal 
Regulations, or successor regulations. 
SEC. 393. FUNDING FOR UTILITY HELICOPTER MODS. 
(a) INCREASE.—Notwithstanding the amounts set 
forth in the funding tables in division D, the amount au-
thorized to be appropriated in section 101 for Aircraft 
Procurement, Army, as specified in the corresponding 
funding table in section 4101, for Utility Helicopter Mods, 
Line 026, is hereby increased by $10,000,000 for 60kVA 
Generators. 
(b) OFFSET.—Notwithstanding the amounts set forth 
in the funding tables in division D, the amount authorized 
to be appropriated in section 301 for Operations and 
Maintenance, Army, as specified in the corresponding 
funding table in section 4301, for Other Service Support, 
Line 490, is hereby reduced by $10,000,000.
324 
SEC. 394. SENSE OF CONGRESS REGARDING THE USE OF 
WORKING DOGS TO DETECT EARLY STAGES 
OF DISEASES. 
It is the sense of Congress that— 
(1) the ongoing research effort conducted by 
the Department of the Army, in partnership with 
the University of Pennsylvania, titled Training Aid 
Delivery Device 2.0 Training Support for COVID-19 
Detection, is exploring the effectiveness of using 
scent detection working dogs to detect the early 
stages of diseases, including the coronavirus disease 
2019 (COVID-19); 
(2) this research effort will soon complete 
Phase 2 and has shown promising results, including 
an accuracy rate of 89 percent in COVID-19 detec-
tion from t-shirt samples; and 
(3) it is important that the Department of De-
fense funds Phase 3 of this research effort to deter-
mine whether the use of working dogs is a feasible 
method of responding to emerging disease threats in 
a low-cost, low-burden, timely, and widely applicable 
manner.
325 
SEC. 395. REQUIREMENTS TO REDUCE OUT-OF-POCKET 
COSTS OF MEMBERS OF THE ARMED FORCES 
FOR UNIFORM ITEMS. 
(a) TRACKING REQUIREMENT.—The Secretary of 
Defense shall take such steps as may be necessary to track 
the expected useful life of uniform items for officers and 
enlisted members of the Armed Forces, for the purposes 
of— 
(1) estimating the rate at which such uniform 
items are replaced; and 
(2) determining the resulting out-of-pocket 
costs for such members over time. 
(b) UNIFORM REPLACEMENT ALLOWANCE FOR CER-
TAIN OFFICERS.— 
(1) ESTABLISHMENT.—The Secretary of De-
fense shall establish a uniform replacement allow-
ance under which each officer of the Armed Forces, 
upon promotion to the grade of O–4, and once every 
three years thereafter for such time as the officer is 
in a grade of O–4 or above, shall be eligible to re-
ceive the allowance described in paragraph (2) for 
the purpose of replacing required uniform items that 
have exceeded the useful life of such items. 
(2) ALLOWANCE.—The allowance described in 
this paragraph is a cash allowance that the Sec-
retary shall calculate by multiplying the annual re-
326 
placement cost of each required uniform item of an 
officer (taking into account the expected useful life 
of the item pursuant to subsection (a) and the price 
of the item set by the Defense Logistics Agency as 
of the date of the calculation) by three. 
(c) REPORT.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port on the expected useful life of required uniform items, 
projected changes to such required uniform items, and re-
lated costs anticipated by the Secretary (disaggregated by 
Armed Force). Such report shall include pricing informa-
tion for each such item, including items that are not con-
sidered uniquely military. 
SEC. 396. RECOGNITION OF SERVICE OF MILITARY WORK-
ING DOGS. 
Section 1125 of title 10, United States Code, is 
amended— 
(1) by inserting ‘‘(a) GENERAL AUTHORITY.— 
’’ before ‘‘The Secretary of Defense’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) RECOGNITION OF SERVICE OF MILITARY WORK-
ING DOGS.—The Secretary of Defense shall develop a 
decoration or other appropriate recognition to recognize
327 
military working dogs under the jurisdiction of the Sec-
retary that are killed in action or that perform an excep-
tionally meritorious or courageous act in service to the 
United States.’’. 
SEC. 
397. 
MAINTENANCE 
OF 
PUBLICLY 
ACCESSIBLE 
WEBSITE BY JOINT SAFETY COUNCIL. 
Section 184(d) of title 10, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(10) Developing and maintaining (including by 
updating on a basis that is not less frequent than 
once every 180 days) a publicly accessible Internet 
website that contains the following: 
‘‘(A) Information for the families of de-
ceased members of the armed forces who died 
in a fatal operational or training accident. 
‘‘(B) Information on the findings of each 
review or assessment conducted by the Council. 
‘‘(C) An identification of any recommenda-
tion of the Council relating to the prevention of 
fatal accidents among members of the Armed 
Forces, and information on the progress of the 
implementation of any such recommendation.’’.
328 
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, 2023, as follows: 
(1) The Army, 473,000. 
(2) The Navy, 348,220. 
(3) The Marine Corps, 177,000. 
(4) The Air Force, 323,400. 
(5) The Space Force, 8,600. 
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 in-
serting the following new paragraphs: 
‘‘(1) For the Army, 473,000. 
‘‘(2) For the Navy, 348,220. 
‘‘(3) For the Marine Corps, 177,000. 
‘‘(4) For the Air Force, 323,400. 
‘‘(5) For the Space Force, 8,600.’’.
329 
Subtitle B—Reserve Forces 
SEC. 411. END STRENGTHS FOR SELECTED RESERVE. 
(a) IN GENERAL.—The Armed Forces are authorized 
strengths for Selected Reserve personnel of the reserve 
components as of September 30, 2023, as follows: 
(1) The Army National Guard of the United 
States, 336,000. 
(2) The Army Reserve, 189,500. 
(3) The Navy Reserve, 57,700. 
(4) The Marine Corps Reserve, 33,000. 
(5) The Air National Guard of the United 
States, 108,400. 
(6) The Air Force Reserve, 70,000. 
(7) The Coast Guard Reserve, 7,000. 
(b) 
END
STRENGTH
REDUCTIONS.—The 
end 
strengths prescribed by subsection (a) for the Selected Re-
serve of any reserve component shall be proportionately 
reduced by— 
(1) the total authorized strength of units orga-
nized to serve as units of the Selected Reserve of 
such component which are on active duty (other 
than for training) at the end of the fiscal year; and 
(2) the total number of individual members not 
in units organized to serve as units of the Selected 
Reserve of such component who are on active duty
330 
(other than for training or for unsatisfactory partici-
pation in training) without their consent at the end 
of the fiscal year. 
(c) END STRENGTH INCREASES.—Whenever units or 
individual members of the Selected Reserve of any reserve 
component are released from active duty during any fiscal 
year, the end strength prescribed for such fiscal year for 
the Selected Reserve of such reserve component shall be 
increased proportionately by the total authorized strengths 
of such units and by the total number of such individual 
members. 
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE 
DUTY IN SUPPORT OF THE RESERVES. 
Within the end strengths prescribed in section 
411(a), the reserve components of the Armed Forces are 
authorized, as of September 30, 2023, the following num-
ber of Reserves to be serving on full-time active duty or 
full-time duty, in the case of members of the National 
Guard, for the purpose of organizing, administering, re-
cruiting, instructing, or training the reserve components: 
(1) The Army National Guard of the United 
States, 30,845. 
(2) The Army Reserve, 16,511. 
(3) The Navy Reserve, 10,077. 
(4) The Marine Corps Reserve, 2,388.
331 
(5) The Air National Guard of the United 
States, 26,630. 
(6) The Air Force Reserve, 6,286. 
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS 
(DUAL STATUS). 
The minimum number of military technicians (dual 
status) as of the last day of fiscal year 2023 for the re-
serve components of the Army and the Air Force (notwith-
standing section 129 of title 10, United States Code) shall 
be the following: 
(1) For the Army National Guard of the United 
States, 22,294. 
(2) For the Army Reserve, 6,492. 
(3) For the Air National Guard of the United 
States, 9,892. 
(4) For the Air Force Reserve, 6,696. 
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AU-
THORIZED TO BE ON ACTIVE DUTY FOR 
OPERATIONAL SUPPORT. 
During fiscal year 2023, the maximum number of 
members of the reserve components of the Armed Forces 
who may be serving at any time on full-time operational 
support duty under section 115(b) of title 10, United 
States Code, is the following:
332 
(1) The Army National Guard of the United 
States, 17,000. 
(2) The Army Reserve, 13,000. 
(3) The Navy Reserve, 6,200. 
(4) The Marine Corps Reserve, 3,000. 
(5) The Air National Guard of the United 
States, 16,000. 
(6) The Air Force Reserve, 14,000. 
Subtitle C—Authorization of 
Appropriations 
SEC. 421. MILITARY PERSONNEL. 
(a) AUTHORIZATION OF APPROPRIATIONS.—Funds 
are hereby authorized to be appropriated for fiscal year 
2023 for the use of the Armed Forces and other activities 
and agencies of the Department of Defense for expenses, 
not otherwise provided for, for military personnel, as spec-
ified in the funding table in section 4401. 
(b) CONSTRUCTION OF AUTHORIZATION.—The au-
thorization of appropriations in the subsection (a) super-
sedes any other authorization of appropriations (definite 
or indefinite) for such purpose for fiscal year 2023.
333 
TITLE V—MILITARY PERSONNEL 
POLICY 
Subtitle A—Officer Personnel 
Policy 
SEC. 501. DISTRIBUTION OF COMMISSIONED OFFICERS ON 
ACTIVE DUTY IN GENERAL OFFICER AND 
FLAG OFFICER GRADES. 
Section 525 of title 10, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘as follows:’’ and inserting an em 
dash; 
(B) in paragraph (4)(C), by striking the 
period at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(5) in the Space Force, if that appointment 
would result in more than— 
‘‘(A) 2 officers in the grade of general; 
‘‘(B) 7 officers in a grade above the grade 
of major general; or 
‘‘(C) 6 officers in the grade of major gen-
eral.’’;’’; 
(2) in subsection (c)—
334 
(A) in paragraph (1)(A), by striking ‘‘and 
Marine Corps’’ and inserting ‘‘Marine Corps, 
and Space Force’’; and 
(B) in paragraph (2), by striking ‘‘or Ma-
rine Corps’’ and inserting ‘‘Marine Corps, or 
Space Force’’; and 
(3) in subsection (d), by striking ‘‘or Com-
mandant of the Marine Corps’’ and inserting ‘‘Com-
mandant of the Marine Corps, or Chief of Space Op-
erations’’. 
SEC. 502. AUTHORIZED STRENGTH AFTER DECEMBER 31, 
2022: GENERAL OFFICERS AND FLAG OFFI-
CERS ON ACTIVE DUTY. 
Section 526a of title 10, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) in the matter preceding paragraph (1), 
by striking ‘‘and Marine Corps’’ and inserting 
‘‘Marine Corps, and Space Force’’; 
(B) in paragraph (1), by striking ‘‘220’’ 
and inserting ‘‘218’’; 
(C) in paragraph (2), by striking ‘‘151’’ 
and inserting ‘‘149’’; 
(D) in paragraph (3), by striking ‘‘187’’ 
and inserting ‘‘170’’; and
335 
(E) by adding at the end the following new 
paragraph: 
‘‘(5) For the Space Force, 21.’’; and 
(2) in subsection (b)(2), by adding at the end 
the following new subparagraph: 
‘‘(E) For the Space Force, 6.’’. 
SEC. 503. EXCLUSION OF LEAD SPECIAL TRIAL COUNSEL 
FROM LIMITATIONS ON GENERAL OFFICERS 
AND FLAG OFFICERS ON ACTIVE DUTY. 
Section 526a of title 10, United States Code, as 
amended by section 502, is further amended— 
(1) by redesignating the second subsection (i) 
as subsection (j); 
(2) by redesignating subsections (g), (h), (i), 
and (j) as subsections (h), (i), (j), and (k), respec-
tively; and 
(3) by inserting after subsection (f) the fol-
lowing new subsection: 
‘‘(g) EXCLUSION OF OFFICERS SERVING AS LEAD 
SPECIAL TRIAL COUNSEL.—The limitations in subsection 
(a) do not apply to a general or flag officer serving in 
the position of lead special trial counsel pursuant to an 
appointment under section 1044f(a)(2) of this title.’’.
336 
SEC. 504. CONSTRUCTIVE SERVICE CREDIT FOR CERTAIN 
OFFICERS OF THE ARMED FORCES: AUTHOR-
IZATION; SPECIAL PAY. 
(a) CONSTRUCTIVE SERVICE CREDIT FOR WARRANT 
OFFICERS.—Section 572 of title 10, United States Code, 
is amended— 
(1) by inserting ‘‘(a)’’ before ‘‘For the pur-
poses’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b)(1) The Secretary concerned shall credit a person 
who is receiving an original appointment as a warrant offi-
cer in the regular component of an armed force under the 
jurisdiction of such Secretary concerned, and who has ad-
vanced education or training or special experience, with 
constructive service for such education, training, or experi-
ence, as follows: 
‘‘(A) For special training or experience in a 
particular warrant officer field designated by the 
Secretary concerned, if such training or experience is 
directly related to the operational needs of the 
armed force concerned, as determined by such Sec-
retary concerned. 
‘‘(B) For advanced education in a warrant offi-
cer field designated by the Secretary concerned, if 
such education is directly related to the operational
337 
needs of the armed force concerned, as determined 
by such Secretary concerned. 
‘‘(2) The authority under this subsection expires on 
December 31, 2027.’’. 
(b) SPECIAL PAY FOR CERTAIN OFFICERS COMMIS-
SIONED OR APPOINTED WITH CONSTRUCTIVE SERVICE 
CREDIT.— 
(1) ESTABLISHMENT.—Subchapter II of chap-
ter 5 of title 37, United States Code, is amended by 
inserting after section 336 the following new section: 
‘‘§ 337. Special pay: certain officers of the armed 
forces commissioned or appointed with 
constructive service credit 
‘‘(a) SPECIAL PAY AUTHORIZED.—The Secretary 
concerned may pay monthly special pay to an eligible offi-
cer under this section. 
‘‘(b) ELIGIBLE OFFICER DEFINED.—In this section, 
the term ‘eligible officer’ means an officer who— 
‘‘(1)(A) received an original appointment in a 
commissioned grade on or after the date of the en-
actment of the National Defense Authorization Act 
for Fiscal Year 2023; and 
‘‘(B) was credited by the Secretary of the mili-
tary department concerned with constructive service 
under section 533(b)(1)(D) of title 10; or
338 
‘‘(2)(A) was originally appointed in a warrant 
officer grade on or after the date of the enactment 
of the National Defense Authorization Act for Fiscal 
Year 2023; and 
‘‘(B) was credited by the Secretary concerned 
with constructive service under section 572(b) of 
title 10. 
‘‘(c) AMOUNT
OF PAY.—The Secretary concerned 
shall determine an amount of monthly special pay to pay 
to an eligible officer under this section. Such amount may 
not exceed $5,000 per month. 
‘‘(d) RELATIONSHIP TO OTHER INCENTIVES.—Spe-
cial pay under this section is in addition to any other pay 
or allowance to which an eligible officer is entitled. 
‘‘(e) SUNSET.—No special pay may be paid under 
this section after December 31, 2027.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 336 
the following: 
‘‘337. Special pay: certain officers of the armed forces commissioned or ap-
pointed with constructive service credit.’’. 
(c) REGULATIONS.—The Secretaries concerned shall 
prescribe regulations to carry out the amendments made 
by this section not later than 180 days after the date of 
the enactment of this Act.
339 
(d) REPORT.—Not later than February 1, 2027, the 
Secretary of Defense, in consultation with the Secretary 
of Homeland Security, shall submit to the appropriate 
congressional committees a report on the amendments 
made by this section. Such report shall include— 
(1) the evaluation of such amendments by the 
Secretary; and 
(2) the recommendation of the Secretary wheth-
er such amendments should be made permanent. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means the following: 
(A) The congressional defense committees. 
(B) The Committee on Transportation and 
Infrastructure of the House of Representatives. 
(C) The Committee on Commerce, Science, 
and Transportation of the Senate. 
(2) The terms ‘‘congressional defense commit-
tees’’ and ‘‘Secretary concerned’’ have the meanings 
given such terms in section 101 of title 10, United 
States Code.
340 
SEC. 505. CLARIFICATION OF GRADE OF SURGEON GEN-
ERAL OF THE NAVY. 
Section 8077 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(c) GRADE.—The Surgeon General, while so serv-
ing, shall hold the grade of O-9.’’. 
SEC. 506. ASSESSMENTS OF STAFFING IN THE OFFICE OF 
THE SECRETARY OF DEFENSE AND OTHER 
DEPARTMENT OF DEFENSE HEADQUARTERS 
OFFICES. 
(a) OFFICE OF THE SECRETARY OF DEFENSE.—The 
Secretary of Defense shall conduct an assessment of staff-
ing of the Office of the Secretary of Defense. Such assess-
ment shall including the following elements: 
(1) A validation of every military staff billet as-
signed to the Office of the Secretary of Defense 
against existing military personnel requirements. 
(2) The estimated effect of returning 15 per-
cent of such military staff billets to operational ac-
tivities of the Armed Forces concerned, over a period 
of 36 months, would have on the office of the Sec-
retary of Defense and other Department of Defense 
Headquarters Offices. 
(3) A plan and milestones for how reductions 
described in paragraph (2) would occur, a schedule
341 
for such reductions, and the process by which the 
billets would be returned to the operational activities 
of the Armed Forces concerned. 
(b) OFFICE OF THE JOINT CHIEFS OF STAFF.—The 
Chairman of the Joint Chiefs of Staff shall conduct an 
assessment of staffing of the Office of the Joint Chiefs 
of Staff. Such assessment shall including the following ele-
ments: 
(1) A validation of every military staff billet as-
signed to the Office of the Joint Chiefs of Staff 
against existing military personnel requirements. 
(2) The estimated effect of returning 15 per-
cent of such military staff billets to operational ac-
tivities of the Armed Forces concerned, over a period 
of 36 months, would have on the office of the Joint 
Staff and the Chairman’s Controlled Activities and 
other related Joint Staff Headquarters Offices. 
(3) A plan and milestones for how reductions 
described in paragraph (2) would occur, a schedule 
for such reductions, and the process by which the 
billets would be returned to the operational activities 
of the Armed Forces concerned. 
(c) INTERIM BRIEFING AND REPORT.— 
(1) INTERIM BRIEFING.—Not later than April 
1, 2023, the Secretary shall provide to the Commit-
342 
tees on Armed Services of the Senate and House of 
Representatives an interim briefing on the assess-
ments under subsections (a) and (b). 
(2) FINAL REPORT.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary shall submit to the Committees on Armed 
Services of the Senate and House of Representatives 
a report on the assessments under subsections (a) 
and (b). Such report shall include the following: 
(A) A validation of every military staff bil-
let assigned to the Office of the Secretary of 
Defense and the Joint Staff to include the 
Chairman’s Controlled Activities against exist-
ing military personnel requirements. 
(B) The methodology and process through 
which such validation was performed. 
(C) Relevant statistical analysis on military 
billet fill rates against validated requirements. 
(D) An analysis of unvalidated military bil-
lets currently performing staff support func-
tions, 
(E) The rationale for why unvalidated mili-
tary billets may be required. 
(F) The cost of military staff filling both 
validated and unvalidated billets.
343 
(G) Lessons learned through the military 
billet validation process and statistical analysis 
under subparagraphs (B) through (F). 
(H) Any other matters the Secretary deter-
mines relevant to understanding the use of mili-
tary staff billets described in subsections (a) 
and (b). 
(I) Any legislative, policy or budgetary rec-
ommendations of the Secretary related to the 
subject matter of the report. 
SEC. 507. SURVEY OF CHAPLAINS. 
(a) DEVELOPMENT.—The Secretary of Defense shall 
seek to enter into an agreement with a nonprofit entity 
or a federally funded research and development center to 
develop an anonymous survey of chaplains of the covered 
Armed Forces. The survey shall include questions regard-
ing the following: 
(1) Chaplain job satisfaction. 
(2) The tools available for chaplains to minister 
to members of the covered Armed Forces. 
(3) Resources available to support religious pro-
grams. 
(4) Inclusion of chaplains in resiliency and 
wellness programs.
344 
(5) The role of chaplains in embedded units, 
headquarters activities. and military treatment facili-
ties. 
(6) Recruitment and retention of chaplains. 
(7) Any challenges in the ability of chaplains to 
offer ministry services. 
(b) ADMINISTRATION.—The Secretary shall admin-
ister the survey not later than 180 days after development. 
(c) REPORT.—Not later than one year after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit a report to the Committees on Armed Serv-
ices of the Senate and House of Representatives on the 
findings from the survey. 
(d) COVERED ARMED FORCE DEFINED.—The term 
‘‘covered Armed Force’’ means the following: 
(1) The Army. 
(2) The Navy. 
(3) The Marine Corps. 
(4) The Air Force. 
(5) The Space Force. 
SEC. 508. INDEPENDENT REVIEW OF ARMY OFFICER PER-
FORMANCE EVALUATIONS. 
(a) STUDY REQUIRED.—Not later than six months 
after the enactment of this Act, the Secretary of the Army
345 
shall seek to enter into an agreement with a private entity 
that the Secretary determines appropriate to— 
(1) study the fitness report system used for the 
performance evaluation of Army officers; and 
(2) provide to the Secretary recommendations 
regarding how to improve such system. 
(b) ELEMENTS.—The study required under sub-
section (a) shall include the following: 
(1) An analysis of the effectiveness of the fit-
ness report system at evaluating and documenting 
the performance of Army officers. 
(2) A comparison of the fitness report system 
for Army officers with best practices for perform-
ance evaluations used by public- and private-sector 
organizations. 
(3) An analysis of the value of Army fitness re-
ports in providing useful information to officer pro-
motion boards. 
(4) An analysis of the value of Army fitness re-
ports in providing useful feedback to Army officers 
being evaluated. 
(5) Recommendations to improve the Army fit-
ness report system to—
346 
(A) increase its effectiveness at accurately 
evaluating and documenting the performance of 
Army officers; 
(B) align with best practices for perform-
ance evaluations used by public- and private- 
sector organizations; 
(C) provide more useful information to of-
ficer promotion boards; and 
(D) provide more useful feedback regard-
ing evaluated officers. 
(c) ACCESS TO DATA AND RECORDS.—The Secretary 
of the Army shall ensure that the entity selected under 
subsection (a) has sufficient resources and access to tech-
nical data, individuals, organizations, and records nec-
essary to complete the study required under this section. 
(d) SUBMISSION TO DEPARTMENT OF THE ARMY.— 
Not later than one year after entering into an agreement 
under subsection (a), the entity that conducts the study 
under subsection (a) shall submit to the Secretary of the 
Army a report on the results of the study. 
(e) SUBMISSION TO CONGRESS.—Not later than 30 
days after the date on which the Secretary of the Army 
receives the report under subsection (d), the Secretary 
shall submit to the congressional defense committees— 
(1) an unaltered copy of such report; and
347 
(2) any comments of the Secretary regarding 
such report. 
Subtitle B—Reserve Component 
Management 
SEC. 511. GRADES OF CERTAIN CHIEFS OF RESERVE COM-
PONENTS. 
(a) IN GENERAL.— 
(1) 
CHIEF
OF
ARMY
RESERVE.—Section 
7038(b) of title 10, United States Code, is amended 
by striking paragraph (4) and inserting the fol-
lowing: 
‘‘(4) The Chief of Army Reserve, while so serving, 
holds the grade of lieutenant general.’’. 
(2) 
CHIEF
OF
NAVY
RESERVE.—Section 
8083(b) of such title is amended by striking para-
graph (4) and inserting the following: 
‘‘(4) The Chief of Navy Reserve, while so serving, 
holds the grade of vice admiral.’’. 
(3) COMMANDER, MARINE FORCES RESERVE.— 
Section 8084(b) of such title is amended by striking 
paragraph (4) and inserting the following: 
‘‘(4) The Commander, Marine Forces Reserve, while 
so serving, holds the grade of lieutenant general.’’.
348 
(4) CHIEF OF AIR FORCE RESERVE.—Section 
9038(b) of such title is amended by striking para-
graph (4) and inserting the following: 
‘‘(4) The Chief of Air Force Reserve, while so serving, 
holds the grade of lieutenant general.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect on the day that is one year 
after the date of the enactment of this Act and shall apply 
to appointments made after such date. 
SEC. 512. 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 sub-
section: 
‘‘(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 posi-
tion of Vice Chief of the National Guard Bureau as one 
of the general officer and flag officer positions to be ex-
cluded from the limitations in subsection (a) of such sec-
tion.’’.
349 
SEC. 513. BACKDATING OF EFFECTIVE DATE OF RANK FOR 
RESERVE 
OFFICERS 
IN 
THE 
NATIONAL 
GUARD DUE TO UNDUE DELAYS IN FEDERAL 
RECOGNITION. 
Paragraph (2) of section 14308(f) of title 10, United 
States Code, is amended to read as follows: 
‘‘(2) If there is a delay in extending Federal recogni-
tion in the next higher grade in the Army National Guard 
or the Air National Guard to a reserve commissioned offi-
cer of the Army or the Air Force that exceeds 100 days 
from the date the National Guard Bureau deems such offi-
cer’s application for Federal recognition to be completely 
submitted by the State and ready for review at the Na-
tional Guard Bureau, and the delay was not attributable 
to the action or inaction of such officer— 
‘‘(A) in the event of State promotion with an 
effective date before January 1, 2024, the effective 
date of the promotion concerned under paragraph 
(1) may be adjusted to a date determined by the 
Secretary concerned, but not earlier than the effec-
tive date of the State promotion; and 
‘‘(B) in the event of State promotion with an 
effective date on or after January 1, 2024, the effec-
tive date of the promotion concerned under para-
graph (1) shall be adjusted by the Secretary con-
cerned to the later of—
350 
‘‘(i) the date the National Guard Bureau 
deems such officer’s application for Federal rec-
ognition to be completely submitted by the 
State and ready for review at the National 
Guard Bureau; and 
‘‘(ii) the date on which the officer occupies 
a billet in the next higher grade.’’. 
SEC. 514. FINANCIAL ASSISTANCE PROGRAM FOR SPE-
CIALLY 
SELECTED 
MEMBERS: 
ARMY 
RE-
SERVE AND ARMY NATIONAL GUARD. 
Section 2107a of title 10, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) The Secretary of the Army may appoint as a 
cadet in the Army Reserve or Army National Guard of 
the United States any eligible member of the program 
who— 
‘‘(A)(i) is enrolled in the Advanced Course of 
the Army Reserve Officers’ Training Corps at a mili-
tary college or a military junior college; or 
‘‘(ii)(I) is enrolled in the Advanced Course of 
the Army Reserve Officers’ Training Corps at a ci-
vilian institution; and
351 
‘‘(II) has completed the second year of a course 
of study in science, technology, engineering, mathe-
matics, or a related field at such institution; and 
‘‘(B) will be under 31 years of age on December 
31 of the calendar year in which the member eligible 
under this section for appointment as a second lieu-
tenant in the Army Reserve or Army National 
Guard.’’; 
(B) by adding at the end the following new 
paragraph: 
‘‘(3) The Secretary of the Army may prescribe regu-
lations specifying— 
‘‘(A) the courses of study that may be pursued 
by a member of the program for purposes of meeting 
the requirement under paragraph (1)(A)(ii); and 
‘‘(B) the level of academic achievement needed 
to meet such requirement.’’. 
(2) in subsection (b)(3)(B)(i), by inserting ‘‘or 
civilian institution’’ after ‘‘military junior college’’; 
(3) in subsection (c)— 
(A) in paragraph (1), by inserting ‘‘or ci-
vilian institution’’ after ‘‘military junior col-
lege’’;
352 
(B) in paragraph (4)(A), by inserting ‘‘or 
civilian institution’’ after ‘‘military junior col-
lege’’; 
(4) by amending subsection (h) to read as fol-
lows: 
‘‘(h)(1) The Secretary of the Army may appoint each 
year under this section not less than 22 cadets at each 
military junior college at which there are not less than 
22 members of the program eligible under subsection (b) 
for such an appointment. At any military junior college 
at which in any year there are fewer than 22 such mem-
bers, the Secretary shall appoint each such member as a 
cadet under this section. 
‘‘(2) The Secretary of the Army may appoint each 
year under this section the number of cadets from civilian 
institutions that the Secretary determines to be appro-
priate based on the needs of the Army.’’; and 
(5) in subsection (j), by inserting ‘‘or civilian 
institution’’ after ‘‘military junior college’’. 
SEC. 515. INSPECTIONS OF NATIONAL GUARD. 
(a) ESTABLISHMENT.—Chapter 1 of title 32, United 
States Code, is amended by inserting, after section 105, 
the following new section:
353 
‘‘§ 105A. Additional inspections 
‘‘(a) REGULAR INSPECTIONS REQUIRED.—The Sec-
retary of the Army and the Secretary of the Air Force 
shall each prescribe regulations pursuant to which the Na-
tional Guard of each State shall be inspected not less fre-
quently than once every five years. 
‘‘(b) AUTHORIZED INSPECTORS.—An inspection of 
the National Guard of a State under subsection (a) shall 
be conducted by— 
‘‘(1) in the case of the Air National Guard, by 
a qualified member of the regular component of the 
Air Force or by the inspector general of the Depart-
ment of the Air Force; or 
‘‘(2) in the case of the Army National Guard, 
by a qualified member of the regular component of 
the Army or by the inspector general of the Depart-
ment of the Army. 
‘‘(c) ELEMENTS AND RECOMMENDATIONS.—Each in-
spection under subsection (a) shall include— 
‘‘(1) a review and assessment of— 
‘‘(A) the command climate of the National 
Guard of the State; 
‘‘(B) the extent to which members of such 
National Guard are treated with dignity and re-
spect; and
354 
‘‘(C) the compliance of such National 
Guard with statutory, regulatory, and other ap-
plicable requirements relating to— 
‘‘(i) reporting and addressing sex-re-
lated offenses and sexual harassment; 
‘‘(ii) training in sexual assault preven-
tion and response; and 
‘‘(iii) training in suicide prevention; 
and 
‘‘(2) the inspector’s recommendation as to 
whether the Secretary of the military department 
concerned should designate the performance of such 
National Guard as unsatisfactory, satisfactory, or 
excellent. 
‘‘(d) PERFORMANCE GRADE.—Following the conclu-
sion of an inspection of a National Guard of a State under 
subsection (a), the Secretary of the military department 
concerned shall— 
‘‘(1) based on the results of the inspection, des-
ignate the performance of such National Guard as 
unsatisfactory, satisfactory, or excellent; and 
‘‘(2) post such designation on a publicly acces-
sible website of the Department of Defense. 
‘‘(e) 
MANDATORY
REINSPECTION.—A 
National 
Guard of a State that receives a designation of unsatisfac-
355 
tory under subsection (d) shall be reinspected in accord-
ance with this section not later one year after the conclu-
sion of the inspection that resulted in such designation. 
‘‘(f) REPORTS.— 
‘‘(1) IN GENERAL.—Not later than 90 days, 
after the conclusion of each inspection under this 
section, the Secretary of the military department 
concerned shall submit a report on the results of 
such inspection— 
‘‘(A) to the Secretary of Defense; and 
‘‘(B) to the Committees on Armed Services 
of the Senate and the House of Representa-
tives. 
‘‘(2) ELEMENTS.—Each report under para-
graph (1) shall— 
‘‘(A) summarize the results of the inspec-
tion with respect to each element specified in 
subsection (c); 
‘‘(B) indicate the designation issued for 
the National Guard of the State under sub-
section (d); and 
‘‘(C) in the case of a National Guard of a 
State that received a designation of unsatisfac-
tory under subsection (d) after a reinspection
356 
under subsection (e), include the Secretary’s 
recommendation as to whether— 
‘‘(i) Federal funds should be withheld 
from such National Guard; or 
‘‘(ii) such National Guard unit should 
be transferred to another State. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘sex-related offense’ means an 
alleged sex-related offense (as defined in section 
1044e(h) of this title). 
‘‘(2) The term ‘sexual harassment’ means the 
offense of sexual harassment as punishable under 
section 934 of this title (article 134 of the Uniform 
Code of Military Justice) pursuant to the regulations 
prescribed by the Secretary of Defense for purposes 
of such section (article). 
‘‘(3) The term ‘State’ has the meaning given 
such term in section 901 of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 105 the following new 
item: 
‘‘105A. Additional inspections.’’.
357 
SEC. 516. 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: 
‘‘(A) Support of operations or missions under-
taken by the member’s unit at the request of the 
President 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. 517. EXTENSION OF NATIONAL GUARD SUPPORT FOR 
FIREGUARD PROGRAM. 
Section 515 of the National Defense Authorization 
Act for Fiscal Year 2022 (Public Law 117–81) is amended 
by striking ‘‘September 30, 2026’’ and inserting ‘‘Sep-
tember 30, 2029’’.
358 
SEC. 518. NOTICE TO CONGRESS BEFORE CERTAIN AC-
TIONS REGARDING UNITS OF CERTAIN RE-
SERVE COMPONENTS. 
(a) NOTICE REQUIRED; ELEMENTS.—The Secretary 
of a military department may not take any covered action 
regarding a covered unit until the day that is 60 days after 
the Secretary of a military department submits to Con-
gress notice of such covered action. Such notice shall in-
clude the following elements: 
(1) An analysis of how the covered action would 
improve readiness. 
(2) A description of how the covered action 
would align with the National Defense Strategy and 
the supporting strategies of each military depart-
ments. 
(3) A description of any proposed organiza-
tional change associated with the covered action and 
how the covered action will affect the relationship of 
administrative, operational, or tactical control re-
sponsibilities of the covered unit. 
(4) The projected cost and any projected long- 
term cost savings of the covered action. 
(5) A detailed description of any requirements 
for new infrastructure or relocation of equipment 
and assets necessary for the covered action.
359 
(6) An analysis whether the covered action 
would facilitate— 
(A) total force integration; and 
(B) general officer progression. 
(7) A description of how the covered activity 
will affect the ability of the covered unit to accom-
plish its current mission. 
(b) APPLICABILITY.—This section shall apply to any 
step to perform covered action regarding a covered unit 
on or after the date of the enactment of this Act. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘covered action’’ means any of 
the following: 
(A) To deactivate. 
(B) To reassign. 
(C) To move the home station. 
(D) To reassign any responsibility. 
(E) To integrate, in the case of— 
(i) a covered unit and a unit of the 
regular component of a covered Armed 
Force; or 
(ii) more than one covered unit. 
(2) The term ‘‘covered Armed Force’’ means 
the following: 
(A) The Army.
360 
(B) The Navy. 
(C) The Marine Corps. 
(D) The Air Force. 
(E) The Space Force. 
(3) The term ‘‘covered unit’’ means a unit of a 
reserve component of a covered Armed Force. 
SEC. 519. PLAN TO ENSURE REASONABLE ACCESS TO THE 
JUNIOR 
RESERVE 
OFFICERS’ 
TRAINING 
CORPS. 
(a) PLAN REQUIRED.—The Secretary of Defense, in 
consultation with the Secretaries of the military depart-
ments, shall develop a plan to increase the total number 
of units of the Junior Reserve Officers’ Training Corps 
to ensure that there is reasonable access to such units in 
each geographic region of the United States by not later 
than September 30, 2031. 
(b) ELEMENTS.—The plan required under subsection 
(a) shall include the following: 
(1) A proposal to increase the total number of 
units of the Junior Reserve Officers’ Training Corps 
to ensure reasonable access for students throughout 
the United States. 
(2) The estimated cost of implementing the pro-
posed increase in the number of such units.
361 
(3) A prioritized list of the States and regions 
in which the Secretary proposes adding additional 
units. 
(4) Actions the Secretary expects to carry out 
to ensure adequate representation and fair access to 
such units for students in all regions of the United 
States, including rural and remote areas and in 
underrepresented States. 
(5) To the extent appropriate, modifications to 
the requirements for such units, including the re-
quirements applicable to instructors, to accommo-
date units in rural areas and small schools. 
(6) A plan to increase school and community 
awareness of Junior Reserve Officers’ Training 
Corps programs in underrepresented areas. 
(c) 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 the House of Representatives a report that 
includes the plan developed under subsection (a). 
(d) REASONABLE ACCESS DEFINED.—In this section, 
the term ‘‘reasonable access’’, when used with respect to 
units of the Junior Reserve Officers’ Training Corps, 
means a level of access determined by the Secretary of 
Defense be reasonable taking into account the demand for
362 
student participation, the availability of instructors, and 
the physical distance between units. 
SEC. 519A. INCLUSION OF ADDITIONAL INFORMATION ON 
THE SENIOR RESERVE OFFICERS’ TRAINING 
CORPS IN REPORTS ACCOMPANYING THE NA-
TIONAL DEFENSE STRATEGY. 
Section 113(m) of title 10, United States Code, is 
amended— 
(1) by redesignating the second paragraph (8) 
as paragraph (11); 
(2) by redesignating the first paragraph (8), as 
paragraph (10); 
(3) by redesignating paragraphs (5), (6), and 
(7) paragraphs (7), (8), and (9), respectively; and 
(4) by inserting after paragraph (4) the fol-
lowing new paragraphs: 
‘‘(5) The number of Senior Reserve Officers’ 
Training Corps scholarships awarded during the fis-
cal year covered by the report, disaggregated by gen-
der, race, and ethnicity, for each military depart-
ment. 
‘‘(6) The program completion rates and pro-
gram withdrawal rates of Senior Reserve Officers’ 
Training Corps scholarship recipients during the fis-
cal year covered by the report, disaggregated by gen-
363 
der, race, and ethnicity, for each military depart-
ment.’’. 
SEC. 519B. ADDITIONAL MATTERS RELATING TO SUPPORT 
FOR FIREGUARD PROGRAM. 
Section 515 of the National Defense Authorization 
Act for Fiscal Year 2022 (Public Law 117–81), as amend-
ed by section 517, is further amended— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
‘‘Until’’; 
(2) by striking ‘‘support’’ and inserting ‘‘carry 
out’’; 
(3) by striking ‘‘personnel of the California Na-
tional Guard’’ and inserting ‘‘National Guard per-
sonnel (including from the Colorado National Guard 
and the California National Guard)’’; and 
(4) by adding at the end the following: 
‘‘(b) TRANSFER.—Until the date specified in sub-
section (a), no component (including any analytical re-
sponsibility) of the FireGuard program may be transferred 
from the Department of Defense to another entity. If the 
Secretary seeks to make such a transfer, the Secretary 
shall, at least three years before such transfer, provide to 
the appropriate congressional committees a written report 
and briefing that detail—
364 
‘‘(1) plans of the Secretary for such transfer; 
and 
‘‘(2) how such transfer will sustain and improve 
detection and monitoring of wildfires. 
‘‘(c) APPROPRIATE CONGRESSIONAL COMMITTEES 
DEFINED.—In this section, the term ‘appropriate congres-
sional committees’ means the following: 
‘‘(1) The Committee on Armed Services of the 
Senate. 
‘‘(2) The Committee on Armed Services of the 
House of Representatives. 
‘‘(3) The Select Committee on Intelligence of 
the Senate. 
‘‘(4) The Permanent Select Committee on Intel-
ligence of the House of Representatives.’’. 
SEC. 519C. DIVESTITURE OF TACTICAL CONTROL PARTY. 
No divestiture of any Tactical Control Party spe-
cialist force structure from the Air National Guard may 
occur until the Chief of the National Guard Bureau pro-
vides a report to the congressional defense committees de-
scribing— 
(1) the capability gaps caused by divestiture of 
Tactical Control Party force structure from the Air 
National Guard and its impact on the Department
365 
of Defense to execute the National Defense Strat-
egy; and 
(2) the impacts of such divestiture to the oper-
ational capabilities of the Army National Guard. 
SEC. 519D. RECOGNITION OF THE ARMY INTERAGENCY 
TRAINING AND EDUCATION CENTER AS A 
JOINT ACTIVITY OF THE NATIONAL GUARD; 
REPORT. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) AITEC has been designated by the National 
Guard Bureau as a joint activity of the Army and 
Air National Guard responsible for the following ac-
tivities: 
(A) Mission assurance and other critical 
infrastructure protection activities in support of 
the Department of Defense and Department of 
Homeland Security entities. 
(B) All-hazards disaster response training 
and exercises for the National Guard in part-
nership with Federal, State, local, territorial, 
and Tribal response enterprise organizations. 
(2) AITEC is composed of members of the 
Army and Air National Guard who possess relevant 
private-sector critical skills and experience in the
366 
fields of emergency response, engineering, cybersecu-
rity, electric power, logistics, telecommunications, 
utilities, medical, rescue, or such other fields as de-
termined by evolving mission requirements. 
(3) The National Guard Bureau has designated 
AITEC as having the following duties: 
(A) Providing the Department of Defense 
with— 
(i) unique civilian expertise and expe-
rience of critical infrastructure protection, 
Chemical, Biological, Radiological, and Nu-
clear response, emergency management, 
control systems cybersecurity, and incident 
management; 
(ii) training and exercise support of 
Joint Interagency Training Capability, in-
cluding Joint Force Headquarters-State 
and Joint Task Force-State Headquarters 
elements, National Guard Reaction Forces, 
Weapons of Mass Destruction Civil Sup-
port Teams, and Chemical, Biological, Ra-
diological, Nuclear, or High-Yield Explo-
sive Emergency Response Force Packages, 
and Homeland Response Forces; and
367 
(iii) personnel to conduct Mission As-
surance, Cybersecurity, Port Security & 
Resiliency, and other critical infrastructure 
assessments 
and 
training 
along 
with 
Counter-IED 
and 
bombing 
prevention 
training to intergovernmental partners and 
first responders. 
(B) On an ongoing basis, partnering with 
the military departments, the combatant com-
mands, other Department of Defense agencies, 
the Department of Homeland Security, and 
State, local, territorial, and Tribal governments 
to conduct— 
(i) all-threats, all-hazards Mission As-
surance assessments in the areas of Mis-
sion Assurance Related Programs and Ac-
tivities, including cyber supply chain risk 
management, position, navigation, and tim-
ing, and unmanned systems on Defense 
Critical Infrastructure; 
(ii) all-hazards and disaster response 
training and exercise support; 
(iii) infrastructure protection assess-
ment activities, cybersecurity, and counter- 
IED and bombing prevention training for
368 
the Department of Homeland Security; 
and 
(iv) Port Security & Resiliency assess-
ments for the Coast Guard. 
(b) REPORT.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of Defense, 
in consultation with the Assistant Secretary of Defense 
for Homeland Defense and Global Security and the Chief 
of the National Guard Bureau, shall submit to the appro-
priate congressional committees a report that includes— 
(1) an organizational plan and an estimate of 
the annual costs necessary for AITEC to complete 
its duties as described in subsection (a)(3); and 
(2) the manpower requirements needed to ade-
quately staff such duties. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘AITEC’’ means the Army Inter-
agency Training and Education Center. 
(2) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services, the 
Committee on Homeland Security and Govern-
mental Affairs, and the Committee on Appro-
priations of the Senate; and
369 
(B) the Committee on Armed Services, the 
Committee on Homeland Security, and the 
Committee on Appropriations of the House of 
Representatives. 
(3) The term ‘‘critical infrastructure’’ has the 
meaning given the term in section 702 of the De-
fense Production Act of 1950 (50 U.S.C. 4552). 
SEC. 519E. ENHANCEMENT OF NATIONAL GUARD YOUTH 
CHALLENGE PROGRAM. 
(a) IN GENERAL.—During fiscal year 2023, the Sec-
retary of Defense may provide assistance in addition to 
assistance under subsection (d) of section 509 of title 32, 
United States Code, to a National Guard Youth Challenge 
Program of a State for the following purposes: 
(1) New program start-up costs. 
(2) Special projects. 
(3) Workforce development programs. 
(4) Emergency costs. 
(b) LIMITATIONS.— 
(1) MATCHING.—Before the Secretary may use 
the authority under this section, the State shall com-
ply with the matching requirement under such sub-
section. 
(2) 
TOTAL
ASSISTANCE.—Total 
assistance 
under this section may not exceed $5,000,000.
370 
(c) REPORTING.—Any assistance provided under this 
section shall be included in the annual report under sub-
section (k) of such section. 
Subtitle C—General Service 
Authorities and Military Records 
SEC. 521. NOTIFICATION TO NEXT OF KIN UPON THE 
DEATH 
OF 
A 
MEMBER 
OF 
THE 
ARMED 
FORCES. 
Subchapter II of chapter 75 of title 10, United States 
Code, is amended by adding at the end the following new 
section (and the table of sections at the beginning of such 
subchapter is amended accordingly): 
‘‘§ 1493. Notification to next of kin or other appro-
priate person: timing; training 
‘‘(a) IN GENERAL.—In the event of a death that re-
quires the Secretary of the military department concerned 
to provide a death benefit under this subchapter, such Sec-
retary shall notify the next of kin or other appropriate 
person not later than four hours after such death. 
‘‘(b) DEATH OUTSIDE THE UNITED STATES.—If a 
death described in subsection (a) occurs outside the 
United States, the Secretary of Defense, in coordination 
with the Secretary of State, shall attempt to delay report-
ing, by the media of the country in which such death oc-
curs, of the name of the decedent until after the Secretary
371 
of the military department concerned has notified the next 
of kin or other appropriate person pursuant to subsection 
(a). 
‘‘(c) TRAINING.—The Secretary of the military de-
partment concerned shall include a training exercise re-
garding a death described in this section in each major 
exercise or planning conference conducted by such Sec-
retary or the Secretary of Defense.’’. 
SEC. 522. DIRECT ACCEPTANCE OF GIFTS FROM CERTAIN 
SOURCES BY ENLISTED MEMBERS. 
(a) AUTHORITY.—Section 2601a of title 10, United 
States Code, is amended— 
(1) in subsection (b)— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (3) as subparagraphs (A) through (C), 
respectively; 
(B) in the matter preceding subparagraph 
(A), as redesignated, by striking ‘‘This section 
applies to’’ and inserting ‘‘(1) A member de-
scribed in this paragraph is’’; 
(C) by adding at the end the following new 
paragraph: 
‘‘(2) A member described in this paragraph is an en-
listed member of the armed forces.’’; and 
(2) in subsection (d)—
372 
(A) by inserting ‘‘(1)’’ before ‘‘The regula-
tions’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) A member described in subsection (b)(2) may 
not accept a gift— 
‘‘(A) from a source described in paragraph (1); 
‘‘(B) solicited by the member; 
‘‘(C) that a reasonable person would believe was 
intended to influence the member in the performance 
of duties as a member; or 
‘‘(D) that a reasonable person would believe 
was intended to supplement the pay of the mem-
ber.’’. 
(b) CONFORMING AMENDMENTS.—Such section is 
further amended— 
(1) in subsection (b)(1)(C), as redesignated, by 
striking ‘‘paragraph (1)’’ and inserting ‘‘subpara-
graph (A)’’; 
(2) in subsection (c), by striking ‘‘, (2) or (3)’’; 
and 
(3) in subsection (e), by striking ‘‘subsection 
(b)(2)’’ and inserting ‘‘subsection (b)(1)(B)’’.
373 
SEC. 523. LIMITATION OF EXTENSION OF PERIOD OF AC-
TIVE DUTY FOR A MEMBER WHO ACCEPTS A 
FELLOWSHIP, SCHOLARSHIP, OR GRANT. 
(a) LIMITATION.—Subsection (b) of section 2603 of 
title 10, United States Code, is amended by adding at the 
end ‘‘No such period may exceed five years’’. 
(b) RETROACTIVE EFFECT.—An agreement under 
such subsection, made by a member of the Armed Forces 
on or before the date of the enactment of this Act, may 
not require such member to serve on active duty for a pe-
riod longer than five years. 
SEC. 524. BRIEFING AND REPORT ON ADMINISTRATIVE 
SEPARATION BOARDS. 
Subsection (c) of section 529B of the National De-
fense Authorization Act for Fiscal Year 2022 (Public Law 
117–81) is amended to read as follows: 
‘‘(c) BRIEFING; REPORT.—The Comptroller General 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives— 
‘‘(1) a briefing on preliminary results of the 
study conducted under subsection (a) not later than 
December 27, 2022; and 
‘‘(2) a report on the final results of the study 
conducted under subsection (a) not later than May 
31, 2023.’’.
374 
SEC. 525. ELIMINATION OF TIME LIMIT FOR MANDATORY 
CHARACTERIZATIONS OF ADMINISTRATIVE 
DISCHARGES OF CERTAIN MEMBERS ON THE 
BASIS OF FAILURE TO RECEIVE COVID-19 
VACCINE. 
Section 736(a) of the National Defense Authorization 
Act for Fiscal Year 2022 (Public Law 117–81; 10 U.S.C. 
1161 note) is amended in the matter preceding paragraph 
(1) by striking ‘‘During the time period beginning on Au-
gust 24, 2021, and ending on the date that is two years 
after the date of the enactment of this Act, any’’ and in-
serting ‘‘Any’’. 
SEC. 526. PROHIBITION ON USE OF PHOTOGRAPHS BY CER-
TAIN MILITARY PROMOTION BOARDS. 
(a) IN GENERAL.—The Secretary of Defense shall 
ensure that no military promotion record of a covered 
Armed Force includes any official or unofficial photo-
graphs. 
(b) COVERED ARMED FORCE DEFINED.—In this sec-
tion, the term ‘‘covered Armed Force’’ means the fol-
lowing: 
(1) The Army. 
(2) The Navy. 
(3) The Marine Corps. 
(4) The Air Force. 
(5) The Space Force.
375 
SEC. 527. GENDER-NEUTRAL FITNESS STANDARDS FOR 
COMBAT MILITARY OCCUPATIONAL SPECIAL-
TIES OF THE ARMY. 
(a) ESTABLISHMENT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary of 
the Army shall— 
(1) establish gender-neutral fitness standards 
for combat MOSs that are higher than those for 
non-combat MOSs; and 
(2) provide a briefing to the Committees on 
Armed Services of the Senate and House of Rep-
resentatives setting forth— 
(A) the list of combat MOSs described in 
paragraph (1); and 
(B) the methodology used to determine 
whether to include an MOS on such list. 
(b) MOS DEFINED.—In this section, the term 
‘‘MOS’’ means a military occupational specialty. 
SEC. 528. RETENTION AND RECRUITMENT OF MEMBERS OF 
THE ARMY WHO SPECIALIZE IN AIR AND MIS-
SILE DEFENSE SYSTEMS. 
(a) STUDY.—The Comptroller General of the United 
States shall study efforts to retain and recruit members 
with military occupational specialties regarding air and 
missile defense systems of the Army.
376 
(b) REPORT.—Not later than six months after the 
date of the enactment of this Act, the Comptroller General 
shall submit to the Committees on Armed Services of the 
Senate and House of Representatives a report that identi-
fies steps the Secretary of the Army may take to improve 
such retention and recruitment. 
(c) IMPLEMENTATION.—Not later than September 
30, 2023, the Secretary of the Army shall implement the 
steps identified in the report under subsection (b). 
SEC. 529. PILOT PROGRAM ON REMOTE PERSONNEL PROC-
ESSING IN THE ARMY. 
(a) PILOT PROGRAM.—Not later than January 1, 
2024, the Secretary of the Army shall implement a pilot 
program to test the use of a software application to expe-
dite in-processing and out-processing at one or more mili-
tary installations— 
(1) under the jurisdiction of such Secretary; 
and 
(2) located within the continental United 
States. 
(b) APPLICATION REQUIREMENTS.—The software 
application shall perform the following functions: 
(1) Enable the remote in-processing and out- 
processing of covered personnel, including by permit-
ting covered personnel to electronically sign forms.
377 
(2) Reduce the number of hours required of 
covered personnel for in-processing and out-proc-
essing. 
(3) Provide, to covered personnel and the com-
mander of a military installation concerned, elec-
tronic copies of records related to in-processing and 
out-processing. 
(c) SELECTION OF LOCATION.—In selecting a mili-
tary installation for the pilot program, the Secretary shall 
give priority to the military installation that is the least 
popular according to preferences of Army officers in the 
Active Duty Officer Assignment Interactive Module. 
(d) TERMINATION.—The pilot program shall termi-
nate on January 1st, 2027. 
(e) REPORT.—Not later than January 1, 2026, the 
Secretary shall submit to the Committees on Armed Serv-
ices of the Senate and House of Representatives a report 
regarding the pilot program, including the recommenda-
tion of the Secretary whether to make the pilot program 
permanent. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘covered personnel’’ includes 
members of the Army and civilian employees of the 
Department of the Army.
378 
(2) The term ‘‘in-processing’’ means the admin-
istrative activities that covered personnel undertake 
pursuant to a permanent change of station. 
(3) The term ‘‘out-processing’’ means the ad-
ministrative activities that covered personnel under-
take pursuant to a permanent change of station, 
separation from the Army, or end of employment 
with the Department of the Army. 
SEC. 529A. IMPROVING OVERSIGHT OF MILITARY RECRUIT-
MENT PRACTICES IN PUBLIC SECONDARY 
SCHOOLS. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to the congressional defense committees a report on mili-
tary recruitment practices in public secondary schools dur-
ing calendar years 2018 through 2022, including— 
(1) the zip codes of public secondary schools 
visited by military recruiters; and 
(2) the number of recruits from public sec-
ondary schools by zip code and local education agen-
cy.
379 
SEC. 529B. ENLISTMENTS: COMPILATION OF DIRECTORY 
AND OTHER PROSPECTIVE RECRUIT INFOR-
MATION. 
(a) COMPILATION OF PROSPECTIVE RECRUIT INFOR-
MATION.—Section 503 of title 10, United States Code, is 
amended— 
(1) by striking the section designation and 
heading and inserting the following: 
‘‘§ 503. Enlistments: recruiting campaigns; compila-
tion of directory and other prospective 
recruit information’’; 
(2) in subsection (a)(1), by striking ‘‘Regular 
Army’’ and all that follows before the period at the 
end and inserting ‘‘regular and reserve components 
of the armed forces’’; 
(3) by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively; and 
(4) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c) COMPILATION
OF OTHER PROSPECTIVE RE-
CRUIT INFORMATION.—(1) The Secretary of Defense may 
collect and compile other prospective recruit information 
pertaining to individuals who are— 
‘‘(A) 17 years of age or older or in the 
eleventh grade (or its equivalent) or higher; and
380 
‘‘(B) enrolled in a secondary school in the 
United States (including its territories and pos-
sessions) or the Commonwealth of Puerto Rico. 
‘‘(2) The Secretary may make prospective re-
cruit information collected and compiled under this 
subsection available to the armed forces for military 
recruiting purposes. Such information may not be 
disclosed for any other purpose. 
‘‘(3) Other prospective recruit information col-
lected and compiled under 1 this subsection shall be 
confidential, and a person who has had access to 
such information may not disclose the information 
except for the purposes described in paragraph (2). 
‘‘(4) In this subsection, the term ‘prospective 
recruit information’ means information for use in 
identifying prospective recruits, tailoring marketing 
efforts to reach the primary recruit market, and 
measuring the return on investment of ongoing mar-
keting efforts. Citizens will be made aware of the 
categories of personally identifiable information 
(PII), as well as non-PII information, to be collected 
and the purposes for which the categories of per-
sonal information are collected and used. Categories 
of information may include, but are not limited to—
381 
‘‘(A) identifiers (such as Internet Protocol 
address, social media handles); 
‘‘(B) information about your connected de-
vices and how you interact with our apps and 
websites (such as browser type, unique device 
identifier, cookie data, and associated identi-
fying and usage information); 
‘‘(C) demographic (such as date of birth, 
high school or college graduation year, grade 
currently enrolled in, citizenship, marital status, 
household composition, or veteran or military 
status); 
‘‘(D) protected classification characteristics 
under state or federal law (such as age and 
gender); 
‘‘(E) audio or video information (social 
media content, photographs and videos shared 
on recruitment digital properties, images and 
likeness captured at events); 
‘‘(F) fitness activity data (for example, ex-
ercise length, duration, activities); and 
‘‘(G) login and profile information, includ-
ing screen name, password and unique user ID 
for recruitment digital properties.
382 
‘‘(5) The collection, use, and retention of a citi-
zen’s personal information shall be reasonably nec-
essary and proportionate to military recruitment ob-
jectives. 
‘‘(6) Where possible, citizens will have the abil-
ity to manage and/or opt-out of data collection via 
a clear and easy to access process in compliance 
with state legislation.’’. 
(c) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations to carry out the amendments made 
by this section. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 31 of such 10 title is amended 
by striking the item relating to section 503 and inserting 
the following new item: 
‘‘503. Enlistments: recruiting campaigns; compilation of directory and other pro-
spective recruit information.’’. 
SEC. 529C. CONTINUING MILITARY SERVICE FOR CERTAIN 
MEMBERS ELIGIBLE FOR CHAPTER 61 RE-
TIREMENT. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this act, the Secretary of Defense 
shall prescribe regulations that allow a covered member 
to continue to elect to serve in the Armed Forces—
383 
(1) in the current military occupational spe-
cialty of such covered member, for which the covered 
member may not be deployable; or 
(2) in a military occupational specialty for 
which the covered member is deployable. 
(b) RULE OF CONSTRUCTION.—A covered member 
who completes 20 years of service computed under section 
1208 of title 10, United States Code shall not be denied 
any benefit under laws administered by the Secretary of 
Defense or the Secretary of Veterans Affairs solely on the 
basis that the covered member elected to continue to serve 
in the Armed Forces instead of taking retirement under 
chapter 61 of title 10, United States Code. 
(c) COVERED MEMBER DEFINED.—In this section, 
the term ‘‘covered member’’ means a member of the 
Armed Forces— 
(1) whom the Secretary concerned determines 
possesses skill or experience vital to the Armed 
Force concerned; 
(2) who incurs a disability— 
(A) while eligible for special pay under sec-
tion 310 of title 37, United States Code; and 
(B) that renders the member eligible for 
retirement under chapter 61 of title 10, United 
States Code; and
384 
(3) who elects to continue to serve in the 
Armed Forces instead of such retirement. 
SEC. 529D. SENSE OF CONGRESS REGARDING THE PORT 
CHICAGO 50. 
It is the sense of Congress that— 
(1) the American people should recognize the 
role of racial bias in the prosecution and convictions 
of the Port Chicago 50 following the deadliest home 
front disaster in World War II; 
(2) the military records of each of the Port Chi-
cago 50 should reflect such exoneration of any and 
all charges brought against them in the aftermath of 
the explosion; and 
(3) the Secretary of the Navy should upgrade 
the general and summary discharges of each of the 
Port Chicago 50 sailors to honorable discharges. 
SEC. 529E. TREATMENT OF PERSONALLY IDENTIFIABLE IN-
FORMATION REGARDING PROSPECTIVE RE-
CRUITS. 
Section 503(a) of title 10, United States Code, is 
amended adding at the end the following new paragraphs: 
‘‘(3) PII regarding a prospective recruit col-
lected or compiled under this subsection shall be 
kept confidential, and a person who has had access 
to such PII may not disclose the information except
385 
for purposes of this section or other purpose author-
ized by law. 
‘‘(4) In the course of conducting a recruiting 
campaign, the Secretary concerned shall— 
‘‘(A) notify a prospective recruit of data 
collection policies of the armed force concerned; 
and 
‘‘(B) permit the prospective recruit to elect 
not to participate in such data collection. 
‘‘(5) In this subsection, the term ‘PII’ means 
personally identifiable information.’’. 
SEC. 529F. IMPLEMENTATION OF CERTAIN RECOMMENDA-
TIONS REGARDING SCREENING INDIVIDUALS 
WHO 
SEEK 
TO 
ENLIST 
IN 
THE 
ARMED 
FORCES AND COUNTERING EXTREMIST AC-
TIVITY IN THE DEPARTMENT OF DEFENSE. 
(a) ENLISTMENT SCREENING.—Not later than 60 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall implement the seven recommenda-
tions of the Under Secretary of Defense for Personnel and 
Readiness on page 2 of the report titled ‘‘Screening Indi-
viduals Who Seek to Enlist in the Armed Forces’’, sub-
mitted to the Committees on Armed Services of the Senate 
and House of Representatives on October 14, 2020.
386 
(b) COUNTERING EXTREMISM.—Not later than 180 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall implement six recommendations of 
the Countering Extremist Activity Working Group on 
pages 15 through 18 on the report entitled ‘‘Report on 
Countering Extremist Activity Within the Department of 
Defense’’ published in December 2021. 
SEC. 529G. BEST PRACTICES FOR THE RETENTION OF CER-
TAIN FEMALE MEMBERS OF THE ARMED 
FORCES. 
The Secretaries of the military departments shall 
share and implement best practices (including use of civil-
ian industry best practices) regarding the use of retention 
and exit survey data to identify barriers and lessons 
learned to improve the retention of female members of the 
Armed Forces under the jurisdiction of such Secretaries. 
SEC. 529H. RECORD OF MILITARY SERVICE FOR MEMBERS 
OF THE ARMED FORCES. 
(a) STANDARD RECORD OF SERVICE REQUIRED.— 
Chapter 59 of title 10, United States Code, is amended 
by inserting after section 1168 the following new sections: 
‘‘§ 1168a. Discharge or release: record of military 
service 
‘‘(a) RECORD OF SERVICE REQUIRED.—(1) The Sec-
retary of Defense shall establish and implement a stand-
387 
ard record of military service for all members of the armed 
forces (including the reserve components), regarding all 
duty under this title, title 32, and title 14. 
‘‘(2) The record established under this section shall 
be known as the ‘Certificate of Military Service’. 
‘‘(b) NATURE AND SCOPE.—A Certificate of Military 
Service shall— 
‘‘(1) provide a standardized summary of the 
service, in any Federal duty status or on State ac-
tive duty, in the armed forces of a member of the 
armed forces; 
‘‘(2) be the same document for all members of 
the armed forces; and 
‘‘(3) serve as the discharge certificate or certifi-
cate of release from active duty for purposes of sec-
tion 1168 of this title. 
‘‘(c) COORDINATION.—In carrying out this section, 
the Secretary of Defense shall coordinate with other Fed-
eral officers, including the Secretary of Veterans Affairs, 
to ensure that a Certificate of Military Service serves as 
acceptable proof of military service for receipt of benefits 
under the laws administered by such Federal officers.’’. 
(b) ISSUANCE TO MEMBERS OF RESERVE COMPO-
NENTS.—Chapter 59 of such title, as amended by sub-
388 
section (a), is further amended by inserting after section 
1168a the following new section: 
‘‘§ 1168b. Record of military service: issuance to mem-
bers of reserve components 
‘‘An up-to-date record of military service under sec-
tion 1168a of this title shall be issued to a member of 
a reserve component as follows: 
‘‘(1) Upon permanent change to duty status 
(including retirement, resignation, expiration of a 
term of service, promotion or commissioning as an 
officer, or permanent transfer to active duty). 
‘‘(2) Upon discharge or release from temporary 
active duty orders (minimum of 90 days on orders 
or 30 days for a contingency operation). 
‘‘(3) Upon promotion to each grade beginning 
with— 
‘‘(A) O–3 for commissioned officers; 
‘‘(B) W–3 for warrant officers; and 
‘‘(C) E–4 for enlisted members. 
‘‘(4) In the case of a member of the National 
Guard, upon any transfer to the National Guard of 
another State or territory (commonly referred to as 
an ‘Interstate Transfer’).’’. 
(c) CONFORMING AMENDMENTS RELATED TO CUR-
RENT DISCHARGE CERTIFICATE AUTHORITIES.—
389 
(1) IN
GENERAL.—Subsection (a) of section 
1168 of title 10, United States Code, is amended— 
(A) by striking ‘‘his discharge certificate or 
certificate of release from active duty, respec-
tively, and his final pay’’ and inserting ‘‘the 
member’s record of military service under sec-
tion 1168a of this title, and the member’s final 
pay’’; and 
(B) by striking ‘‘him or his’’ and inserting 
‘‘the member or the member’s’’. 
(2) HEADING
AMENDMENT.—The heading of 
such section 1168 is amended to read as follows: 
‘‘§ 1168. Discharge or release from active duty: limita-
tions; issuance of record of military serv-
ice’’. 
(d) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 59 of such title is amended 
by striking the item relating to section 1168 and inserting 
the following new items: 
‘‘1168. Discharge or release from active duty: limitations; issuance of record of 
military service. 
‘‘1168a. Discharge or release: record of military service. 
‘‘1168b. Record of military service: issuance to members of reserve compo-
nents.’’.
390 
Subtitle D—Military Justice 
SEC. 531. SEXUAL HARASSMENT INDEPENDENT INVESTIGA-
TIONS AND PROSECUTION. 
(a) INCLUSION OF SEXUAL HARASSMENT IN OF-
FENSES SUBJECT
TO AUTHORITY
OF SPECIAL TRIAL 
COUNSEL.— 
(1) DEFINITION OF COVERED OFFENSE.—Sec-
tion 801(17)(A) of title 10, United States Code (ar-
ticle 1(17)(A) of the Uniform Code of Military Jus-
tice), as added by section 533 of the National De-
fense Authorization Act for Fiscal Year 2022 (Pub-
lic Law 117–81), is amended— 
(A) by striking ‘‘or’’; and 
(B) by striking ‘‘of this title’’ and inserting 
‘‘, or the standalone offense of sexual harass-
ment punishable under section 934 (article 134) 
of this title’’. 
(2) EFFECTIVE DATE.—The amendments made 
by subsection (a) shall take effect two years after 
the coming into effect of the amendments made by 
section 533 of the National Defense Authorization 
Act for Fiscal Year 2022 (Public Law 117–81) as 
provided in section 539C of that Act. 
(b) INDEPENDENT INVESTIGATION OF SEXUAL HAR-
ASSMENT.—
391 
(1) DEFINITIONS.—Section 1561 of title 10, 
United States Code, as amended by section 543 of 
the National Defense Authorization Act for Fiscal 
Year 2022 (Public Law 117–81), is amended— 
(A) in subsection (a)— 
(i) by striking ‘‘or Space Force’’ and 
inserting ‘‘Space Force, or Coast Guard’’; 
and 
(ii) by inserting ‘‘or the Department 
of Homeland Security (in the case of a 
matter involving the Coast Guard when not 
operating as a service in the Navy)’’ after 
‘‘Department of Defense’’; and 
(B) by amending subsection (e) to read as 
follows: 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘independent investigator’ means 
a member of the armed forces or a civilian employee 
of the Department of Defense or the Department of 
Homeland Security (in the case of a matter involv-
ing the Coast Guard when not operating as a service 
in the Navy) who— 
‘‘(A) is outside the chain of command of 
the complainant and the subject of the inves-
tigation; and
392 
‘‘(B) is trained in the investigation of sex-
ual harassment, as determined by— 
‘‘(i) the Secretary concerned, in the 
case of a member of the armed forces; 
‘‘(ii) the Secretary of Defense, in the 
case of a civilian employee of the Depart-
ment of Defense; or 
‘‘(iii) the Secretary of Homeland Se-
curity, in the case of a civilian employee of 
the Department of Homeland Security. 
‘‘(2) The term ‘sexual harassment’ means con-
duct that constitutes the offense of sexual harass-
ment as punishable under section 934 of this title 
(article 134) pursuant to the regulations prescribed 
by the Secretary of Defense for purposes of such 
section (article).’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall take effect immediately after 
the coming into effect of the amendments made by 
section 543 of the National Defense Authorization 
Act for Fiscal Year 2022 (Public Law 117–81) as 
provided in subsection (c) of that section. 
SEC. 532. MATTERS IN CONNECTION WITH SPECIAL TRIAL 
COUNSEL. 
(a) DEFINITION OF COVERED OFFENSE.—
393 
(1) IN GENERAL.—Paragraph (17)(A) of sec-
tion 801 of title 10, United States Code (article 1 
of the Uniform Code of Military Justice), as added 
by section 533 of the National Defense Authoriza-
tion Act for Fiscal Year 2022 (Public Law 117–81; 
135 Stat. 1695) and amended by section 531, is fur-
ther amended by striking ‘‘section 920 (article 120)’’ 
and inserting ‘‘section 919a (article 119a), section 
920 (article 120), section 920a (article 120a)’’. 
(2) EFFECTIVE DATE.—The amendments made 
by paragraph (1) shall— 
(A) take effect on the date that is two 
years after the date of the enactment of the 
National Defense Authorization Act for Fiscal 
Year 2022 (Public Law 117–81); and 
(B) apply with respect to any offenses that 
occur after that date. 
(b) RESIDUAL PROSECUTORIAL DUTIES AND OTHER 
JUDICIAL, FUNCTIONS OF CONVENING AUTHORITIES IN 
COVERED CASES.—The President shall prescribe regula-
tions to ensure that residual prosecutorial duties and other 
judicial functions of convening authorities, including but 
not limited to granting immunity, ordering depositions, 
and hiring experts, with respect to charges and specifica-
tions over which a special trial counsel exercises authority
394 
pursuant to section 824a of title 10, United States Code 
(article 24a of the Uniform Code of Military Justice), are 
transferred to the military judge, the special trial counsel, 
or other authority as appropriate in such cases by no later 
than the effective date established in section 539C of the 
National Defense Authorization Act for fiscal Year 2022 
(Public Law 117–81; 10 U.S.C. 801 note), in consider-
ation of due process for all parties involved in such a case. 
(c) AMENDMENTS TO THE RULES FOR COURTS MAR-
TIAL.—The President shall prescribe in regulation such 
modifications to Rule 813 of the Rules for Courts-Martial 
and other Rules as appropriate to ensure that at the be-
ginning of each court-martial convened, the presentation 
of orders does not in open court specify the name, rank, 
or position of the convening authority convening such 
court, unless such convening authority is the Secretary 
concerned, the Secretary of Defense, or the President. 
(d) BRIEFING REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall provide to the Committees on Armed 
Services of the Senate and the House of Representatives 
a briefing on the progress of the Department of Defense 
in implementing this section, including an identification 
of—
395 
(1) the duties to be transferred under sub-
section (b); 
(2) the positions to which those duties will be 
transferred; and 
(3) any provisions of law or Rules for Courts 
Martial that must be amended or modified to fully 
complete the transfer. 
(e) ADDITIONAL REPORTING RELATIVE TO IMPLE-
MENTATION OF SUBTITLE D OF TITLE V OF THE NA-
TIONAL DEFENSE AUTHORIZATION ACT
FOR FISCAL 
YEAR 2022.—Not later than February 1, 2025, and annu-
ally thereafter for five years, the Secretary of Defense and 
the Secretary of the department in which the Coast Guard 
is operating (with respect to the Coast Guard) shall sub-
mit to the appropriate congressional committees a report 
assessing the holistic effect of the reforms contained in 
subtitle D of title V of the National Defense Authorization 
Act for Fiscal Year 2022 (Public Law 117–81) on the 
military justice system. The report shall include the fol-
lowing elements: 
(1) An overall assessment of the effect such re-
forms have had on the military justice system and 
the maintenance of good order and discipline in the 
ranks.
396 
(2) The percentage of caseload and courts-mar-
tial assessed as meeting, or having been assessed as 
potentially meeting, the definition of ‘‘covered of-
fense’’, disaggregated by offense and military service 
where possible. 
(3) An assessment of prevalence and data con-
cerning disposition of cases by commanders after 
declination of prosecution by special trial counsel, 
disaggregated by offense and military service when 
possible. 
(4) Assessment of the effect, if any, the reforms 
contained in such subtitle have had on non-judicial 
punishment concerning covered and non-covered of-
fenses. 
(5) A description of the resources and personnel 
required to maintain and execute the reforms made 
by such subtitle during the reporting period relative 
to fiscal year 2022. 
(6) A description of any other factors or mat-
ters considered by the Secretary to be important to 
a holistic assessment of these reforms on the mili-
tary justice system. 
(f) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means the following:
397 
(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 In-
frastructure of the House of Representatives. 
(4) The Committee on Commerce, Science, and 
Transportation of the Senate. 
SEC. 533. STANDARDS FOR IMPOSITION OF COMMANDING 
OFFICER’S NON-JUDICIAL PUNISHMENT. 
(a) COMMANDING OFFICER’S NON-JUDICIAL PUN-
ISHMENT.— 
(1) IN
GENERAL.—Section 815 of title 10, 
United States Code (article 15 of the Uniform Code 
of Military Justice), is amended— 
(A) 
by 
redesignating 
subsections 
(c) 
through (g) as subsections (d) through (h), re-
spectively; 
(B) by inserting after subsection (b), the 
following new subsection: 
‘‘(c)(1) Except as provided in paragraphs (2) and (3), 
a commanding officer may not impose a punishment au-
thorized in subsection (b) unless, before the imposition of 
such punishment, the commanding officer—
398 
‘‘(A) requests and receives legal guidance re-
garding the imposition of such punishment from a 
judge advocate or other legal officer of the armed 
force of which the commanding officer is a member; 
and 
‘‘(B) provides the member who may be subject 
to such punishment with an opportunity to consult 
appropriate legal counsel. 
‘‘(2) Paragraph (1) shall not apply to the punish-
ments specified in subparagraphs (E) and (F) of sub-
section (b)(2). 
‘‘(3) A commanding officer may waive the require-
ments set forth in subparagraphs (A) and (B) of para-
graph (1), on a case by case basis, if the commanding offi-
cer determines such a waiver is necessary on the basis of 
operational necessity.’’; and 
(C) in subsection (f), as so redesignated, 
by striking ‘‘subsection (d)’’ and inserting ‘‘sub-
section (e)’’. 
(2) EFFECTIVE
DATE
AND
APPLICABILITY.— 
The amendments made by paragraph (1) 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
399 
Code (article 15 of the Uniform Code of Military 
Justice), on or after such effective date. 
(3) ADDITIONAL
GUIDANCE
REQUIRED.—Not 
later than one year after the date of the enactment 
of this Act, each Secretary concerned shall prescribe 
regulations or issue other written guidance with re-
spect to non-judicial punishment under section 815 
of title 10, United States Code (article 15 of the 
Uniform Code of Military Justice) that— 
(A)(i) 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-mar-
tial in lieu of punishment under such section 
(article); and 
(ii) establishes a policy about the appro-
priate and responsible invocation of such excep-
tion; and 
(B) establishes criteria commanders must 
consider when evaluating whether to issue a 
waiver under subsection (c)(3) of such section 
(article) (as added by paragraph (1) of this 
subsection) on the basis of operational neces-
sity.
400 
(b) MODIFICATION OF ANNUAL REPORTS ON RACIAL 
AND ETHNIC DEMOGRAPHICS IN THE MILITARY JUSTICE 
SYSTEM.—Section 486(b) of title 10, United States Code, 
is amended— 
(1) in paragraph (7), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (8), by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following new 
paragraphs: 
‘‘(9) with respect to principals on sea duty who 
were not attached to or embarked in a vessel (as de-
termined by the Secretary of the Navy or the Sec-
retary of the department in which the Coast Guard 
is operating), the number of non-judicial punish-
ments proposed and finalized under section 815 of 
this title (article 15 of the Uniform Code of Military 
Justice), in total and disaggregated by— 
‘‘(A) whether the commanding officer im-
posing non-judicial punishment requested and 
received legal guidance regarding 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;
401 
‘‘(B) whether the principal was provided 
the opportunity to consult appropriate legal 
counsel; and 
‘‘(C) statistical category as related to the 
principal; and 
‘‘(10) with respect to principals on sea duty 
who were attached to or embarked in a vessel (as de-
termined by the Secretary of the Navy or the Sec-
retary of the department in which the Coast Guard 
is operating), the number of non-judicial punish-
ments proposed and finalized under section 815 of 
this title (article 15 of the Uniform Code of Military 
Justice), in total and disaggregated by— 
‘‘(A) whether the commanding officer im-
posing non-judicial punishment requested and 
received legal guidance regarding 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; 
‘‘(B) whether the principal was provided 
the opportunity to consult appropriate legal 
counsel; and 
‘‘(C) statistical category as related to the 
principal.’’.
402 
SEC. 534. SPECIAL TRIAL COUNSEL OF THE AIR FORCE. 
(a) IN GENERAL.—Section 1044f of title 10, United 
States Code, is amended— 
(1) in subsection (a), in the matter preceding 
paragraph (1), by striking ‘‘The policies shall’’ and 
inserting ‘‘Subject to subsection (c), the policies 
shall’’; 
(2) by redesignating subsection (c) as sub-
section (d); and 
(3) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c) SPECIAL TRIAL COUNSEL OF DEPARTMENT OF 
THE AIR FORCE.—In establishing policies under sub-
section (a), the Secretary of Defense shall— 
‘‘(1) in lieu of providing for separate offices for 
the Air Force and Space Force under subsection 
(a)(1), provide for the establishment of a single dedi-
cated office from which office the activities of the 
special trial counsel of the Department of the Air 
Force shall be supervised and overseen; and 
‘‘(2) in lieu of providing for separate lead spe-
cial trial counsels for the Air Force and Space Force 
under subsection (a)(2), provide for the appointment 
of one lead special trial counsel who shall be respon-
sible for the overall supervision and oversight of the
403 
activities of the special trial counsel of the Depart-
ment of the Air Force.’’. 
(b) EFFECTIVE DATE.—The amendments made sub-
section (a) shall take effect immediately after the coming 
into effect of the amendments made by section 532 of the 
National Defense Authorization Act for Fiscal Year 2022 
(Public Law 117–81) as provided in section 539C of that 
Act. 
SEC. 535. FINANCIAL ASSISTANCE FOR VICTIMS OF OF-
FENSES UNDER THE UNIFORM CODE OF MILI-
TARY JUSTICE. 
(a) MILITARY CRIME VICTIMS FINANCIAL ASSIST-
ANCE FUND.—Chapter 53 of title 10, United States Code, 
is amended by inserting before section 1045 the following 
new section: 
‘‘§ 1044g. Military Crime Victims Financial Assistance 
Fund 
‘‘(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund to be known as the 
‘Military Crime Victims Financial Assistance Fund’ (re-
ferred to in this section as the ‘Fund’). 
‘‘(b) ADMINISTRATION OF FUND.—The Secretary of 
the Treasury shall administer the Fund consistent with 
the provisions of this section.
404 
‘‘(c) DEPOSITS.—There shall be deposited in the 
Fund the following: 
‘‘(1) Any amounts appropriated to the Fund. 
‘‘(2) Any amounts donated to the Fund. 
‘‘(d) AVAILABILITY AND USE OF FUND.—Amounts 
in the Fund shall, to the extent provided in appropriations 
Acts, be available solely for the payment of financial as-
sistance to victims of covered violent offenses in accord-
ance with the regulations prescribed under subsection (e). 
‘‘(e) REGULATIONS.—Not later than one year after 
the date of the enactment of this section, the Secretary 
of Defense shall prescribe regulations pursuant to which 
a victim of a covered violent offense may apply for and 
receive financial assistance payments from the Fund. Such 
regulations shall provide as follows: 
‘‘(1) A victim of a covered violent offense may 
apply to the Fund for— 
‘‘(A) a standard payment; 
‘‘(B) a reimbursement payment; or 
‘‘(C) a standard payment and a reimburse-
ment payment. 
‘‘(2) A standard payment to a victim shall be 
a fixed amount determined by the Secretary of De-
fense for each covered violent offense.
405 
‘‘(3) A reimbursement payment to a victim 
shall be an amount determined by the Secretary of 
Defense that is sufficient to reimburse the victim for 
health care expenses, travel expenses, and expenses 
for property damage resulting from the covered vio-
lent offense, subject to such limits as the Secretary 
may prescribe. A reimbursement payment may not 
be made for any expenses for which a victim receives 
reimbursement from other sources, including insur-
ance claims. 
‘‘(4) An individual victim may receive not more 
than $50,000 from the Fund per incident. 
‘‘(5) The eligibility of a victim to receive pay-
ments from the Fund shall be subject to such terms, 
conditions, and other requirements as the Secretary 
may prescribe. 
‘‘(6) The Secretary may not make a payment 
from the Fund if the amount of such payment would 
exceed the amounts available in the fund. 
‘‘(f) ANNUAL REPORTS.—Not later than February 1 
of each year, the Secretaries concerned, in consultation 
with the Secretary of the Treasury, shall submit to the 
appropriate congressional committees a report that in-
cludes—
406 
‘‘(1) a summary of the amounts deposited to 
and paid from the Fund during the preceding year; 
‘‘(2) the number of victims who received pay-
ments from the Fund during the preceding year, set 
forth separately for each covered violent offense; and 
‘‘(3) an estimate of the amount of appropria-
tions required, if any, to maintain the solvency of 
the fund for the period of two fiscal years following 
the date of the report. 
‘‘(g) DEFINITIONS.—In this section: 
‘‘(1) The term ‘appropriate congressional com-
mittees’ means the following: 
‘‘(A) The congressional defense commit-
tees. 
‘‘(B) The Committee on Transportation 
and Infrastructure of the House of Representa-
tives. 
‘‘(C) 
The 
Committee 
on 
Commerce, 
Science, and Transportation of the Senate. 
‘‘(2) The term ‘covered violent offense’ means— 
‘‘(A) an offense under section 918 (article 
118), section 919 (article 119), section 919a 
(article 119a), section 920 (article 120), section 
920b (article 120b), section 920c (article 120c), 
section 922 (article 122), section 925 (article
407 
125), section 928 (article 128), section 928a 
(article 128a), section 928b (article 128b), sec-
tion 930 (article 130), or the standalone offense 
of sexual harassment as punishable under sec-
tion 934 (article 134) of this title; or 
‘‘(B) an attempt to commit an offense 
specified in subparagraph (A) as punishable 
under section 880 of this title (article 880). 
‘‘(3) The term ‘victim’ means individual who 
has suffered direct physical, emotional, or pecuniary 
harm as a result of the commission of a covered vio-
lent offense.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
before the item relating to section 1045 the following new 
item: 
‘‘1044g. Military Crime Victims Financial Assistance Fund.’’. 
(c) APPLICABILITY.—Eligibility to receive a payment 
from the Military Crime Victims Financial Assistance 
Fund under section 1044g of title 10, United States Code 
(as added by subsection (a)), shall be limited to individuals 
who— 
(1) are victims of covered violent offenses that 
occur on or after the date of the enactment of this 
Act; and
408 
(2) apply for payment from the Fund after the 
effective date of the regulations prescribed under 
subsection (e) of such section 1044g. 
(d) PROGRESS REPORT.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary 
of Defense shall submit to the appropriate congres-
sional committees a report on plans of the Secretary 
for implementing the Military Crime Victims Finan-
cial Assistance Fund under section 1044g of title 
10, United States Code (as added by subsection (a)). 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES DEFINED.—In this subsection, the term ‘‘ap-
propriate congressional committees’’ means the fol-
lowing: 
(A) The congressional defense committees. 
(B) The Committee on Transportation and 
Infrastructure of the House of Representatives. 
(C) The Committee on Commerce, Science, 
and Transportation of the Senate. 
SEC. 536. ADDRESSING SEX-RELATED OFFENSES AND SEX-
UAL HARASSMENT INVOLVING MEMBERS OF 
THE NATIONAL GUARD. 
(a) 
ADDRESSING
CERTAIN
SEX-RELATED
OF-
FENSES.—
409 
(1) IN
GENERAL.—Chapter 80 of title 10, 
United States Code, is amended by inserting after 
section 1561b the following new section: 
‘‘§ 1561c. Addressing sex-related offenses and sexual 
harassment involving members of the Na-
tional Guard 
‘‘(a) IN GENERAL.—An adjutant general who re-
ceives notice of an allegation of a sex-related offense or 
sexual harassment committed by a member of the Na-
tional Guard under the jurisdiction of the adjutant general 
shall, not later than 72 hours after receiving such notice— 
‘‘(1) report the allegation to the Chief of the 
National Guard Bureau; and 
‘‘(2) ensure that the alleged victim is informed 
of the availability of Special Victims’ Counsel in ac-
cordance with section 1044e of this title, as applica-
ble. 
‘‘(b) INITIAL REPORT.— 
‘‘(1) ELEMENTS.—Each report under sub-
section (a)(1) shall include the following: 
‘‘(A) A summary of the allegation. 
‘‘(B) Identification of— 
‘‘(i) the individual who is alleged to 
have committed the offense;
410 
‘‘(ii) the alleged victim of the offense; 
and 
‘‘(iii) the individual or entity that is 
investigating the allegation. 
‘‘(C) A statement indicating whether the 
alleged victim has been informed of the avail-
ability of legal counsel in accordance with sub-
section (a)(2). 
‘‘(2) LATE REPORTS.—In the event that an ad-
jutant general submits a report required under sub-
section (a) after the expiration of the 72-hour period 
specified in such subsection, the report shall in-
clude— 
‘‘(A) the information specified in para-
graph (1); and 
‘‘(B) an explanation of the reasons the re-
port was not timely submitted. 
‘‘(c) FINAL REPORT.—Not later than 30 days after 
determining whether or not to take action against a mem-
ber of the National guard accused of a sex-related offense 
or sexual harassment, the adjutant general shall submit 
to the Chief of the National Guard Bureau a report that 
includes— 
‘‘(1) the information described in subpara-
graphs (A) and (B) of subsection (b)(1);
411 
‘‘(2) a description of any administrative, judi-
cial, or other action taken against the member; and 
‘‘(3) if no such action was taken, an expla-
nation of the reasons the adjutant general declined 
to take such action. 
‘‘(d) APPLICABILITY.—The requirements of this sec-
tion shall apply with respect to an allegation of a sex-re-
lated offense or sexual harassment of which an adjutant 
general receives notice after the date of the enactment of 
this section without regard to— 
‘‘(1) the jurisdiction in which the offense oc-
curred; or 
‘‘(2) whether prosecution for the offense would 
be time barred by a statute of limitations. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘sex-related offense’ means an 
alleged sex-related offense (as defined in section 
1044e(h) of this title). 
‘‘(2) The term ‘sexual harassment’ means the 
offense of sexual harassment as punishable under 
section 934 of this title (article 134 of the Uniform 
Code of Military Justice) pursuant to the regulations 
prescribed by the Secretary of Defense for purposes 
of such section (article).’’.
412 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by inserting after the item relating to section 1561b 
the following new item: 
‘‘1561c. Addressing sex-related offenses and sexual harassment involving mem-
bers of the National Guard.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect immediately after the effec-
tive date of the amendments made by part 1 of subtitle 
D of title V of the National Defense Authorization Act 
for Fiscal Year 2022 (Public Law 117–81) as provided 
in section 539C of that Act. 
(c) IMPLEMENTATION.—The Secretary of Defense 
shall prescribe regulations implementing section 1561c of 
title 10, United States Code, as added by subsection (a). 
SEC. 537. PROHIBITION ON SHARING OF INFORMATION ON 
DOMESTIC VIOLENCE INCIDENTS. 
Section 1562 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(c) PROHIBITION ON SHARING OF CERTAIN INFOR-
MATION.— 
‘‘(1) IN GENERAL.—In a case in which the in-
formation maintained and reported by the Secretary 
of a military department under subsection (b) in-
cludes the findings of an Incident Determination
413 
Committee, the Secretary may not share such find-
ings with any party other than the administrator of 
the database under subsection (a). 
‘‘(2) WAIVER.—The Secretary of Defense may 
waive the prohibition under paragraph (1) on a case- 
by-case basis if the Secretary determines that it is 
necessary to share the findings of an Incident Deter-
mination Committee with a member of the Armed 
Forces or a civilian employee of the Department of 
Defense acting within the scope of their official du-
ties. 
‘‘(3) INCIDENT
DETERMINATION
COMMITTEE 
DEFINED.—In this subsection, the term ‘Incident 
Determination Committee’ means a committee es-
tablished at a military installation that is responsible 
for reviewing a reported incident of domestic vio-
lence and determining whether such incident con-
stitutes serious harm to the victim according to the 
applicable criteria of the Department of Defense.’’. 
SEC. 538. MANDATORY NOTIFICATION OF MEMBERS OF 
THE ARMED FORCES IDENTIFIED IN CERTAIN 
RECORDS OF CRIMINAL INVESTIGATIONS. 
(a) IN GENERAL.—Chapter 80 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section:
414 
‘‘§ 1567b. Mandatory notification of members of the 
armed forces and reserve components 
identified in certain records of criminal 
investigations 
‘‘(a) NOTIFICATION
OF
INCLUSION
IN
MCIO 
RECORDS.—As soon as practicable after the conclusion of 
a criminal investigation for which a military criminal in-
vestigative organization is the lead investigative agency, 
the head of such organization shall provide, to any mem-
ber or a 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 INCLU-
SION IN MCIO RECORDS.—Not later than 180 days after 
the date of the enactment of this section, the head of each 
military criminal investigative organization shall provide, 
to any member or former member of the armed forces and 
reserve components who is designated after January 1, 
2011 in the records of the organization 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 
information—
415 
‘‘(1) The date on which the member was des-
ignated as a subject of a criminal investigation in 
the records of the military criminal investigative or-
ganization. 
‘‘(2) Identification of each crime for which the 
member was investigated, including a citation to 
each provision of chapter 47 of this title (the Uni-
form Code of Military Justice) that the member was 
suspected of violating, if applicable. 
‘‘(3) Instructions on how the member may seek 
removal of the record in accordance with subsection 
(d). 
‘‘(d) REMOVAL OF RECORD.—The Secretary of De-
fense shall— 
‘‘(1) establish a process through which a mem-
ber of the armed forces and reserve components who 
receives a notice under subsection (a) or (b) may re-
quest the removal of the record that is the subject 
of such notice; and 
‘‘(2) issue uniform guidance, applicable to all 
military criminal investigative organizations, speci-
fying the conditions under which such a record may 
be removed. 
‘‘(f) ON-GOING AND SENSITIVE INVESTIGATIONS.— 
The head of a military criminal investigative organization
416 
may waive the notification requirements of this section if 
such head determines that a notification made pursuant 
to this section would— 
‘‘(1) endanger any witness or victim of the of-
fense under investigation; 
‘‘(2) disclose the existence of an intelligence or 
counterintelligence investigation; or 
‘‘(3) compromise or reveal any other on-going 
criminal investigation. 
‘‘(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; 
‘‘(4) the Coast Guard Investigative Service; and 
‘‘(5) the Defense Criminal Investigative Serv-
ice.’’.
417 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘1567b. Mandatory notification of members of the armed forces and reserve 
components identified in certain records of criminal investiga-
tions.’’. 
SEC. 539. SENTENCING PARAMETERS UNDER THE UNIFORM 
CODE OF MILITARY JUSTICE FOR HATE 
CRIMES. 
Section 539E(e)(2)(A)(ii) of the National Defense 
Authorization Act for Fiscal Year 2022 (Public Law 117– 
81; 10 U.S.C. 856 note) is amended by inserting ‘‘(includ-
ing whether the offense is described in section 249 of title 
18)’’ after ‘‘district court’’. 
SEC. 539A. LIMITATION ON AVAILABILITY OF FUNDS FOR 
RELOCATION OF ARMY CID SPECIAL AGENT 
TRAINING COURSE. 
(a) LIMITATION.—None of the funds authorized to 
be appropriated by this Act or otherwise made available 
for fiscal year 2023 for the Army may be obligated or ex-
pended to relocate an Army CID special agent training 
course until— 
(1)(A) the Secretary of the Army submits to 
the Committees on Armed Services of the Senate 
and the House of Representatives— 
(i) the evaluation and plan required by 
subsection (a) of section 549C of the National
418 
Defense Authorization Act for Fiscal Year 2022 
(Public Law 117–81; 135 Stat. 1724); 
(ii) the implementation plan required by 
subsection (b) of such section; and 
(iii) a separate report on any plans of the 
Secretary to relocate an Army CID special 
agent training course, including an explanation 
of the business case for any transfer of training 
personnel proposed as part of such plan; 
(B) the Secretary provides to the Committee on 
Armed Services of the House of Representatives a 
briefing on the contents of each report specified in 
subparagraph (A); and 
(C) a period of 90 days has elapsed following 
the briefing under subparagraph (B); and 
(2) the Secretary submits a written certification 
to the Committees on Armed Services of the Senate 
and the House of Representatives indicating that the 
Army has fully complied with subsection (c) of sec-
tion 549C of the National Defense Authorization 
Act for Fiscal Year 2022 (Public Law 117–81; 135 
Stat. 1724) with regard to locations at which mili-
tary criminal investigative training is conducted. 
(b) DEFINITIONS.—In this section:
419 
(1) The term ‘‘relocate’’, when used with re-
spect to an Army CID special agent training course, 
means the transfer of such course to a location dif-
ferent than the location used for such course as of 
the date of the enactment of this Act. 
(2) The term ‘‘Army CID special agent training 
course’’ means a training course provided to mem-
bers of the Army to prepare such members for serv-
ice as special agents in the Army Criminal Investiga-
tion Division. 
SEC. 539B. RECOMMENDATIONS FOR SENTENCING OF 
MARIJUANA-BASED OFFENSES UNDER THE 
UNIFORM CODE OF MILITARY JUSTICE. 
(a) RECOMMENDATIONS.—The Military Justice Re-
view Panel shall develop recommendations specifying ap-
propriate sentencing ranges for offenses involving the use 
and possession of marijuana under chapter 47 of title 10, 
United States Code (the Uniform Code of Military Jus-
tice). In developing such recommendations, the Military 
Justice Review Panel shall consider— 
(1) how the sentences typically imposed for 
marijuana-based offenses under such chapter com-
pare to the sentences typically imposed for other 
comparable offenses, such as offenses involving the 
misuse of alcohol;
420 
(2) the overall burden on the military justice 
system of the current approach of the Department 
of Defense to sentencing marijuana-based offenses 
under such chapter; and 
(3) the historically discriminatory manner in 
which laws related to marijuana offenses have been 
enforced, the potential for the continued discrimina-
tory application of the law (whether intentional or 
unintentional), and recommendations for actions 
that can be taken to minimize the risk of such dis-
crimination. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Military Justice Review 
Panel shall submit to the Committees on Armed Services 
of the Senate and the House of Representatives a report 
that includes the recommendations developed under sub-
section (a). 
SEC. 539C. REPORT ON SHARING INFORMATION WITH 
COUNSEL FOR VICTIMS OF OFFENSES UNDER 
THE UNIFORM CODE OF MILITARY JUSTICE. 
(a) REPORT REQUIRED.—Not later than one year 
after the date of the enactment of this Act, the Defense 
Advisory Committee on Investigation, Prosecution, and 
Defense of Sexual Assault in the Armed Forces (referred 
to in this section as the ‘‘Advisory Committee’’) shall sub-
421 
mit to the appropriate congressional committees and each 
Secretary concerned a report on the feasibility and advis-
ability of establishing a uniform policy for the sharing of 
the information described in subsection (c) with a Special 
Victims’ Counsel, Victims’ Legal Counsel, or other counsel 
representing a victim of an offense under chapter 47 of 
title 10, United States Code (the Uniform Code of Military 
Justice). 
(b) ELEMENTS.—The report under subsection (a) 
shall include the following: 
(1) An assessment of the feasibility and advis-
ability of establishing the uniform policy described in 
subsection (a), including an assessment of the poten-
tial effects of such a policy on— 
(A) the privacy of individuals; 
(B) the criminal investigative process; and 
(C) the military justice system generally. 
(2) If the Advisory Committee determines that 
the establishment of such a policy is feasible and ad-
visable, a description of— 
(A) the stages of the military justice proc-
ess at which the information described in sub-
section (c) should be made available to counsel 
representing a victim; and
422 
(B) any circumstances under which some 
or all of such information should not be shared. 
(3) Such recommendations for legislative or ad-
ministrative action as the Advisory Committee con-
siders appropriate. 
(c) INFORMATION DESCRIBED.—The information de-
scribed in this subsection is the following: 
(1) Any recorded statements of the victim to in-
vestigators. 
(2) 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 vic-
tim that is in possession of investigators or the Gov-
ernment. 
(3) Any medical record of the victim that is in 
the possession of investigators or the Government. 
(d) DEFINITIONS.—In this section— 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the congressional defense committees; 
(B) the Committee on Commerce, Science, 
and Transportation of the Senate; and 
(C) the Committee on Transportation and 
Infrastructure of the House of Representatives.
423 
(2) The term ‘‘Secretary concerned’’ has the 
meaning given that term in section 101(a)(9) of title 
10, United States Code. 
SEC. 539D. PUBLIC AVAILABILITY OF MILITARY COMMIS-
SION PROCEEDINGS. 
Section 949d(c) of title 10, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(4) In the case of any proceeding of a military com-
mission under this chapter that is made open to the public, 
the military judge may order arrangements for the avail-
ability of the proceeding to be watched remotely by the 
public through the internet.’’. 
SEC. 539E. REVIEW AND REPORT ON THE DEFINITION OF 
CONSENT FOR PURPOSES OF THE OFFENSES 
OF RAPE AND SEXUAL ASSAULT UNDER THE 
UNIFORM CODE OF MILITARY JUSTICE. 
(a) EVALUATION AND REVIEW.—Not later than 30 
days after the date of the enactment of this Act, the Joint 
Service Committee on Military Justice shall commission 
a comprehensive evaluation and review of the definition 
of consent, as set forth in section 920(g)(7) of title 10, 
United States Code (article 120(g)(7) of the Uniform 
Code of Military Justice).
424 
(b) ELEMENTS.—The review and evaluation con-
ducted under subsection (a) shall assess how the definition 
of consent set forth in section 920(g)(7) of title 10, United 
States Code (article 120(g)(7) of the Uniform Code of 
Military Justice) can be— 
(1) expanded to require knowledgeable and in-
formed agreement, freely entered into, without any 
malicious factors or influences such as force, coer-
cion, fear, fraud or false identity, or exploitation of 
a person’s incapacity; 
(2) enhanced through consultation with other 
recognized standards for the definition of such term; 
and 
(3) clarified to state clearly that— 
(A) the circumstances surrounding an inci-
dent of sexual contact are irrelevant when mali-
cious factors induced compliance; 
(B) consent for a sexual act does not con-
stitute consent for all sexual acts; and 
(C) consent is revocable by either party 
during sexual conduct. 
(c) REPORT.—Not later than 180 days after the com-
mencement of the evaluation and review under subsection 
(a), the Joint Service Committee on Military Justice shall
425 
submit to the congressional defense committees a report 
on the results of the evaluation and review. 
SEC. 539F. STANDARDS AND REPORTS RELATING TO CASES 
OVERSEEN BY MILITARY CRIMINAL INVES-
TIGATIVE ORGANIZATIONS. 
(a) STANDARDS REQUIRED.— 
(1) IN GENERAL.—The Secretary of Defense, in 
consultation with the Secretaries of the military de-
partments, shall develop and implement uniform 
standards applicable to the military criminal inves-
tigative organizations of the Department of Defense 
that— 
(A) establish processes and procedures for 
the handling of cold cases; 
(B) specify the circumstances under which 
a case overseen by such an organization shall be 
referred to the Inspector General of the Depart-
ment of Defense for review; and 
(C) establish procedures to ensure that, in 
the event an investigator transfers out of such 
an organization or otherwise ceases to be an in-
vestigator, the cases overseen by such investi-
gator are transferred to a new investigator 
within the organization.
426 
(2) REPORT.—Not later than 90 days after the 
date of the enactment of this Act the Secretary of 
Defense shall submit to Congress a report on the 
standards developed under paragraph (1). 
(3) IMPLEMENTATION.—Following the sub-
mittal of the report under paragraph (2), but not 
later than 120 days after the date of the enactment 
of this Act, the Secretary of Defense shall implement 
the standards developed under paragraph (1). 
(b) REPORT ESTABLISHMENT OF COLD CASE UNIT 
IN THE ARMY.—Not later than 120 days after the date 
of the enactment of this Act, the Secretary of the Army 
shall submit to Congress a report on the feasibility of es-
tablishing a cold case unit in the Army Criminal Investiga-
tion Division that is similar to the cold case units oper-
ating within the Naval Criminal Investigative Service and 
the Air Force Office of Special Investigations.
427 
Subtitle E—Other Legal Matters 
SEC. 541. 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, is 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 In-
spector General may delegate responsibility for the inves-
tigation to an appropriate Inspector General of a military 
department. 
‘‘(iii) The member alleging the prohibited personnel 
action may use circumstantial evidence to demonstrate
428 
that the protected communication or activity under sub-
section (b) was a contributing factor in the personnel ac-
tion prohibited under subsection (b). Such circumstantial 
evidence may include that the person taking such prohib-
ited personnel action knew of the protected communication 
or activity, and that the prohibited personnel action oc-
curred within a period of time such that a reasonable per-
son could conclude that the communication or protected 
activity was a contributing factor in the personnel action. 
‘‘(iv) If the Inspector General determines it likelier 
than not that the member made a communication or par-
ticipated in an activity protected under subsection (b) that 
was a contributing factor in a personnel action described 
in such subsection, the Inspector General shall presume 
such personnel action to be prohibited under such sub-
section unless the Inspector General determines there is 
clear and convincing evidence that the same personnel ac-
tion would have occurred in the absence of such protected 
communication or activity. 
‘‘(E) If the Inspector General preliminarily deter-
mines in an investigation under subparagraph (D) that a 
personnel action prohibited under subsection (b) has oc-
curred and that such personnel action shall result in an 
immediate hardship to the member alleging the personnel 
action, the Inspector General shall promptly notify the
429 
Secretary of the military department concerned or the Sec-
retary of Homeland Security, as applicable, of the hard-
ship, and such Secretary shall take such action as such 
Secretary determines appropriate.’’. 
(b) TECHNICAL AMENDMENTS.—Such paragraph is 
further amended in subparagraphs (A) and (B) by striking 
‘‘subsection (h)’’ both places it appears and inserting 
‘‘subsection (i)’’. 
SEC. 542. PRIMARY PREVENTION OF VIOLENCE. 
(a) ANNUAL
PRIMARY
PREVENTION
RESEARCH 
AGENDA.—Section 549A(c) of the National Defense Au-
thorization Act for Fiscal Year 2022 (Public Law 117– 
81l 10 U.S.C. 1561 note) is amended— 
(1) by redesignating paragraphs (2), (3), and 
(4) as paragraphs (5), (6), and (7), respectively; 
(2) by inserting after paragraph (1) the fol-
lowing new paragraphs: 
‘‘(2) include a focus on whether and to what ex-
tent sub-populations of the military community may 
be targeted for sexual assault, sexual harassment, or 
domestic violence more than others; 
‘‘(3) seek to identify factors that influence the 
prevention, perpetration, and victimization of sexual 
assault, sexual harassment, and domestic violence;
430 
‘‘(4) seek to improve the collection and dissemi-
nation of data on hazing and bullying related to sex-
ual assault, sexual harassment, and domestic vio-
lence;’’; and 
(3) in paragraph (6), as redesignated by para-
graph (1) of this section, by amending the text to 
read as follows: 
‘‘(6) incorporate collaboration with other Fed-
eral departments and agencies, including the De-
partment of Health and Human Services and the 
Centers for Disease Control and Prevention, State 
governments, academia, industry, federally funded 
research and development centers, nonprofit organi-
zations, and other organizations outside of the De-
partment of Defense, including civilian institutions 
that conduct similar data-driven studies, collection, 
and analysis; and’’. 
(b) PRIMARY PREVENTION WORKFORCE.—Section 
549B of the National Defense Authorization Act for Fis-
cal Year 2022 (Public Law 117–81; 10 U.S.C. 501 note) 
is amended— 
(1) in subsection (c), by adding at the end the 
following new paragraph: 
‘‘(3) COMPTROLLER
GENERAL
REPORT.—Not 
later than one year after the date of the enactment
431 
of the National Defense Authorization Act for Fiscal 
Year 2023, the Comptroller General of the United 
States shall submit to the appropriate congressional 
committees a report comparing the sexual harass-
ment and prevention training of the Department of 
Defense with similar programs at other Federal de-
partments and agencies and including data collected 
by colleges and universities and other relevant out-
side entities.’’; and 
(2) by adding at the end the following new sub-
sections: 
‘‘(e) INCORPORATION
OF RESEARCH
AND FIND-
INGS.—The Primary Prevention Workforce established 
under subsection (a) shall, on a regular basis, incorporate 
findings and conclusions from the primary prevention re-
search agenda established under section 549A, as appro-
priate, into the work of the workforce. 
‘‘(f) APPROPRIATE CONGRESSIONAL COMMITTEES 
DEFINED.—In this section, the term ‘appropriate congres-
sional committees’ means the following: 
‘‘(1) The Committees on Armed Services of the 
Senate and House of Representatives. 
‘‘(2) The Committees on Appropriations of the 
Senate and House of Representatives.
432 
‘‘(3) The Committee on Committee on Home-
land Security and Governmental Affairs of the Sen-
ate. 
‘‘(4) The Committee on Oversight and Reform 
of the House of Representatives.’’. 
SEC. 543. TREATMENT OF CERTAIN COMPLAINTS FROM 
MEMBERS OF THE ARMED FORCES. 
(a) REGULATIONS REQUIRED.—Not later than 180 
days after the date of the enactment of this Act, each Sec-
retary of a military department shall issue regulations im-
plementing subsections (b) and (c). 
(b) MANDATORY IG INVESTIGATION
OF CERTAIN 
COMPLAINTS.— 
(1) INSPECTOR
GENERAL
INVESTIGATION.—A 
complaint described in paragraph (2) from a mem-
ber an Armed Force under the jurisdiction of the 
Secretary of a military department— 
(A) may be investigated only by the In-
spector General of the Armed Force or military 
department concerned; and 
(B) may not be referred to an individual in 
the chain of command of the complainant for 
investigation. 
(2) COMPLAINT DESCRIBED.—A complaint de-
scribed in this paragraph—
433 
(A) is a complaint alleging that there was 
a violation of a Department of Defense policy 
relating to the investigation, processing, or 
other administrative treatment of a report sex-
ual assault, sexual harassment, or domestic vio-
lence; and 
(B) does not include a complaint alleging 
an actual act of sexual harassment, sexual as-
sault, or domestic violence. 
(c) OPPORTUNITY TO WITHDRAW COMPLAINTS BE-
FORE REFERRAL TO CHAIN OF COMMAND.— 
(1) NOTICE AN OPPORTUNITY TO WITHDRAW.— 
An Inspector General of an Armed Force or military 
department who is in receipt of a complaint that is 
eligible for referral to the chain of command of the 
complainant may refer such complaint to the chain 
of command only if the Inspector General— 
(A) notifies the complainant of the intent 
of the Inspector General to make such referral; 
and 
(B) provides the complainant with the op-
portunity to withdraw the complaint during the 
period of 10 days following the issuance of such 
notice.
434 
(2) EFFECT OF WITHDRAWAL.—If a complain-
ant withdraws a complaint pursuant to paragraph 
(1)(B), the Inspector General may not refer the 
complaint to an individual in the complainant’s 
chain of command and there shall be no further in-
vestigation of the complaint. 
SEC. 544. PILOT PROGRAM ON FINANCIAL ASSISTANCE FOR 
VICTIMS OF DOMESTIC VIOLENCE. 
(a) IN GENERAL.—Beginning not later than one year 
after the date of the enactment of this Act, the Secretary 
of Defense shall carry out a pilot program under which 
the Secretary makes grants, on a discretionary basis, to 
qualified victims of domestic violence to assist such victims 
in seeking refuge from an abuser. 
(b) DISBURSEMENT.—A grant under subsection (a) 
may be disbursed— 
(1) as a single, lump sum payment; or 
(2) in multiple payments at such times and in 
such amounts as the Secretary determines appro-
priate. 
(c) MAXIMUM AMOUNT.—A qualified victim of do-
mestic violence may receive not more than a total of 
$7,500 in grants under subsection (a) during the victim’s 
lifetime.
435 
(d) REPORT.—Not later than one year prior to the 
termination date specified in subsection (e), the Secretary 
of Defense shall submit to the Committees on Armed Serv-
ices of the Senate and the House of Representatives a re-
port that— 
(1) evaluates the effectiveness of the pilot pro-
gram under this section; 
(2) indicates whether the pilot program should 
be continued or expanded; 
(3) takes into account voluntary feedback from 
program recipients and relevant Department staff, 
including direct testimonials about their experiences 
with the program and ways in which they think it 
could be improved; and 
(4) examines other potential actions that arise 
during the course of the program that the Depart-
ment could take to further protect the safety of pro-
gram participants and eligible individuals, as the 
Secretary determines appropriate. 
(e) TERMINATION.—The authority to carry out the 
pilot program under this section shall terminate six years 
after the date of the enactment of this Act. 
(f) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations implementing this section. 
(g) DEFINITIONS.—In this section:
436 
(1) The term ‘‘domestic violence’’ means an act 
described in section 928b of title 10, United States 
Code (article 128b of the Uniform Code of Military 
Justice). 
(2) The term ‘‘qualified victim of domestic vio-
lence’’ means an individual who meets the following 
criteria: 
(A) The individual is a member of an 
Armed Force or a spouse, intimate partner, or 
immediate family member of a member of an 
Armed Force. 
(B) The individual reported an incident of 
domestic violence to an organization or element 
of the Department of Defense or to a civilian 
law enforcement organization. 
(C) The individual or a dependent of that 
individual was an alleged victim of such inci-
dent. 
(D) The individual demonstrates— 
(i) an intent to seek refuge from the 
alleged abuser; and 
(ii) a need for financial assistance.
437 
SEC. 545. AGREEMENTS WITH CIVILIAN VICTIM SERVICE 
AGENCIES. 
(a) GUIDANCE REQUIRED.—The Secretary of De-
fense, in consultation with the Secretaries of the military 
departments and the Secretary of the department in which 
the Coast Guard is operating (with respect to the Coast 
Guard), shall issue guidance pursuant to which installa-
tion commanders may enter into memoranda of under-
standing with qualified victim service agencies for pur-
poses of providing services to victims of sexual assault in 
accordance with subsection (b). 
(b) CONTENTS OF AGREEMENT.—A memorandum of 
understanding entered into under subsection (a) shall pro-
vide that personnel of the sexual assault prevention and 
response program at a military installation may refer a 
victim of sexual assault to a qualified civilian victim serv-
ice agency if such personnel determine that such a referral 
would benefit the victim. 
(c) VICTIM SERVICE AGENCY DEFINED.—In this sec-
tion, the term ‘‘victim service agency’’ means an agency 
which may provide legal services, counseling, or safe hous-
ing.
438 
SEC. 546. ACTIVITIES TO IMPROVE INFORMATION SHARING 
AND COLLABORATION ON MATTERS RELAT-
ING TO THE PREVENTION OF AND RESPONSE 
TO DOMESTIC ABUSE AND CHILD ABUSE AND 
NEGLECT AMONG MILITARY FAMILIES. 
(a) ENHANCEMENT OF ACTIVITIES FOR AWARENESS 
OF MILITARY FAMILIES REGARDING FAMILY ADVOCACY 
PROGRAMS AND OTHER SIMILAR SERVICES.— 
(1) PILOT PROGRAM ON INFORMATION ON FAPS 
FOR
FAMILIES.—The Secretary of Defense shall 
carry out a pilot program to assess the feasibility 
and advisability of various mechanisms to inform 
families about the Family Advocacy Programs and 
resiliency training of the covered Armed Forces dur-
ing command orientation and during enrollment in 
the Defense Enrollment Eligibility Reporting Sys-
tem. The matters assessed by the pilot program 
shall include the following: 
(A) An option for training of family mem-
bers on the Family Advocacy Programs. 
(B) The provision to families of informa-
tion on the resources available through the 
Family Advocacy Programs. 
(C) The availability through the Family 
Advocacy Programs of both restricting and un-
439 
restricted reporting on incidents of domestic 
abuse. 
(D) The provision to families of informa-
tion on the Military OneSource program of the 
Department of Defense. 
(E) The provision to families of informa-
tion on resources relating to domestic abuse 
and child abuse and neglect that are available 
through local community service organizations. 
(F) The availability of the Military and 
Family Life Counseling Program. 
(2) OUTREACH ON FAP AND SIMILAR SERVICES 
FOR MILITARY FAMILIES.—Each Secretary of a mili-
tary department shall improve the information avail-
able to military families under the jurisdiction of 
such Secretary that are the victim of domestic abuse 
or child abuse and neglect in order to provide such 
families with comprehensive information on the serv-
ices available to such families in connection with 
such violence and abuse and neglect. The informa-
tion so provided shall include a complete guide to 
the following: 
(A) The Family Advocacy Program of the 
covered Armed Force or military department 
concerned.
440 
(B) Military law enforcement services, in-
cluding the process following a report of an in-
cidence of domestic abuse or child abuse or ne-
glect. 
(C) Other applicable victim services. 
(b) IMPROVEMENT OF COLLABORATION IN DOMESTIC 
ABUSE PREVENTION SERVICES.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, Depart-
ment of Defense Instruction 6400.01, relating to the 
Family Advocacy Program of the Department of De-
fense, shall be modified to enhance collaboration 
among the programs and entities specified in para-
graph (2) for the purpose of leveraging the expertise 
and resources of such programs and components to 
order to improve the availability and scope of domes-
tic abuse prevention services for military families. 
(2) PROGRAMS AND ENTITIES.—The programs 
and entities specified in this paragraph are the fol-
lowing: 
(A) The Family Advocacy Program of the 
Department of Defense. 
(B) The Sexual Assault Prevention and 
Response Office of the Department of Defense. 
(C) The Defense Suicide Prevention Office.
441 
(D) The Defense Equal Opportunity Man-
agement Institute. 
(E) The Defense Health Agency. 
(F) The substance abuse prevention pro-
grams and entities of the covered Armed 
Forces. 
(G) Relevant programs and entities of the 
Department of Veterans Affairs. 
(H) Civilian organizations with missions 
relevant to domestic abuse prevention, including 
community health and social services organiza-
tions. 
(I) Such other programs and entities as 
the Secretary of Defense considers appropriate. 
(c) COVERED ARMED FORCE DEFINED.—In this sec-
tion, the term ‘‘covered Armed Force’’ means the fol-
lowing: 
(1) The Army. 
(2) The Navy. 
(3) The Marine Corps. 
(4) The Air Force. 
(5) The Space Force.
442 
SEC. 547. INSPECTOR GENERAL INVESTIGATION INTO DIS-
CRIMINATION AGAINST MEMBERS AND EM-
PLOYEES OF MIDDLE EASTERN AND NORTH 
AFRICAN DESCENT. 
(a) INVESTIGATION.—The Assistant Inspector Gen-
eral for Diversity and Inclusion of the Department of De-
fense shall conduct an investigation into discrimination 
faced by members of the Armed Forces, and civilian em-
ployees of the Department, who are of Middle Eastern or 
North African descent. 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, Assistant Inspector General 
shall submit to the Committees on Armed Services of the 
House of Representatives and Senate a report containing 
the results of such investigation. 
SEC. 548. TIME LIMIT FOR PROCESSING CERTAIN ADMINIS-
TRATIVE COMPLAINTS. 
(a) IN GENERAL.—Chapter 80 of title 10, United 
States Code, is amended by inserting after section 1561b 
the following new section: 
‘‘§ 1561c. Processing a harassment or military equal 
opportunity complaint 
‘‘(a) TIME LIMIT.—An official authorized to take 
final action on a complaint from a member of the armed 
forces of harassment or prohibited discrimination shall en-
sure the procedures and requirements for the complaint
443 
are completed within 180 days after the date on which 
any supervisor or designated office received the complaint. 
‘‘(b) JUDICIAL REVIEW.— 
‘‘(1) Pursuant to section 706(1) of title 5, 
United States Code, a member of the armed forces 
may seek an order in a court of the United States 
directing the Secretary concerned to take final ac-
tion or provide a written explanation no later than 
30 days after the court enters its order, if an au-
thorized official does not— 
‘‘(A) take final action on a complaint 
under subsection (a) within 180 days; or 
‘‘(B) provide the member a written expla-
nation of the final action taken on a complaint 
under subsection (a). 
‘‘(2) Pursuant to section 706(2) of title 5, 
United States Code, and no later than 30 days after 
a member of the armed forces receives a written ex-
planation of the final action taken on a complaint 
under subsection (a), the member may seek review 
of the action in a court of the United States. 
‘‘(c) REPORT.—Not later than April 1 each year, the 
Secretary concerned shall submit to the appropriate con-
gressional committees a report of the total number of
444 
court orders sought under subsection (b) and orders 
granted by such courts. 
‘‘(d) 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. 
‘‘(B) The Committee on Armed Services of 
the Senate. 
‘‘(C) The Committee on Transportation 
and Infrastructure of the House of Representa-
tives. 
‘‘(D) 
The 
Committee 
on 
Commerce, 
Science, and Transportation of the Senate. 
‘‘(2) The term ‘complaint’ means an allegation 
or report of harassment or prohibited discrimination. 
‘‘(3) The term ‘designated office’ means a mili-
tary equal opportunity office or an office of the in-
spector general or staff judge advocate, and any 
other departmental office authorized by the Sec-
retary concerned to receive harassment and prohib-
ited discrimination complaints. 
‘‘(4) The term ‘harassment’ means behavior 
that is unwelcome or offensive to a reasonable per-
445 
son, whether oral, written, or physical, that creates 
an intimidating, hostile, or offensive environment. 
‘‘(5) The term ‘prohibited discrimination’ 
means unlawful discrimination, including disparate 
treatment, of an individual or group on the basis of 
race, color, national origin, religion, sex (including 
pregnancy), gender identity, or sexual orientation. 
‘‘(6) The term ‘member of the armed forces’ 
means a member of an armed force serving on active 
duty. 
‘‘(7) The term ‘supervisor’ means a member of 
the armed forces in charge or command of other 
members of the armed forces or a civilian employee 
(as defined in section 2105 of title 5, United States 
Code) authorized to direct and control service mem-
bers.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 1561b the following new 
item: 
‘‘1561c. Processing a harassment or military equal opportunity complaint.’’. 
SEC. 549. REVIEW AND REPORT ON ADMINISTRATION OF 
SEXUAL HARASSMENT CLAIMS. 
(a) REVIEW.—The Secretary of Defense shall review 
the practices of the Department of Defense pertaining to
446 
the administration of sexual harassment claims. As part 
of the review, the Secretary shall— 
(1) assess the efforts of the Department to pre-
vent sexual harassment and protect members of the 
Armed Forces who submit sexual harassment claims; 
and 
(2) compile data and research on the prevalence 
of sexual harassment in the military, including— 
(A) the number of sexual harassment inci-
dents reported; 
(B) the number and percentage of such re-
ports that resulted in the initiation of legal pro-
ceedings against the alleged perpetrator; and 
(C) the number and percentage of such 
cases leading to convictions or other adverse ac-
tion against the alleged perpetrator. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of Defense 
shall submit to the congressional defense committees a re-
port on the results of the review conducted under sub-
section (a).
447 
SEC. 549A. INTERAGENCY TASK FORCE TO PROTECT MEM-
BERS, VETERANS, AND MILITARY FAMILIES 
FROM FINANCIAL FRAUD. 
(a) ESTABLISHMENT.—Not later than 90 days after 
the date of the enactment of this Act, the Secretary of 
Defense, in consultation with the Secretary of Veterans 
Affairs, shall establish an Interagency Task Force on Fi-
nancial Fraud targeting members of the Armed Forces 
and veterans (referred to in this section as the ‘‘Task 
Force’’). 
(b) MEMBERSHIP.—The Task Force established 
under this section shall include representatives from the 
following: 
(1) The Department of Defense. 
(2) The Department of Veterans Affairs, 
(3) The Federal Trade Commission. 
(4) The Consumer Financial Protection Bu-
reau. 
(5) The Department of Justice. 
(6) The Federal Communications Commission. 
(7) The Postal Inspection Service. 
(8) Three representatives, appointed by the Sec-
retary of Defense in consultation with the Secretary 
of the Department of Veterans Affairs, of non-gov-
ernmental organizations (at least one of whom is a 
representative of a veterans’ service organization)
448 
with expertise in identifying, preventing, and com-
batting financial fraud targeting members of the 
Armed Forces, veterans, and military families. 
(c) CONSULTATION.—The Task Force shall regularly 
consult with the following: 
(1) Members of the Armed Forces, veterans, 
and members of military families that have been vic-
tims of financial fraud. 
(2) Relevant Federal agencies and departments 
that are not represented on the Task Force. 
(3) Other relevant public and private sector 
stakeholders, including State and local law enforce-
ment agencies, financial services providers, tech-
nology companies, and social media platforms. 
(d) MEETINGS.—The Task Force shall not meet less 
frequently than three times per calendar year. 
(e) PURPOSE.—The purpose of the Task Force is to 
identify and examine current and developing methods of 
financial fraud targeting members of the Armed Forces, 
veterans, and military families and issue recommendations 
to enhance efforts undertaken by Federal agencies to iden-
tify, prevent, and combat such financial fraud. 
(f) DUTIES.—The duties of the Task Force shall in-
clude the following:
449 
(1) Collecting and reviewing robust data per-
taining to medical billing, credit reporting, debt col-
lection, and other serious financial challenges facing 
members of the Armed Forces, veterans, and mili-
tary families. 
(2) Identifying and reviewing current methods 
of financial exploitation targeting members of the 
Armed Forces, veterans, and military families, in-
cluding— 
(A) imposter or phishing scams; 
(B) investment-related fraud; 
(C) pension poaching; 
(D) veterans benefit fraud; 
(E) fraudulent offers pertaining to employ-
ment or business opportunities; 
(F) predatory lending; 
(G) veteran charity schemes; 
(H) foreign money offers and fake check 
scams; 
(I) mortgage foreclosure relief and debt 
management fraud; 
(J) military allotment system abuse; and 
(K) military records fraud. 
(3) Identifying and evaluating the new financial 
risks that emerging financial technologies, including
450 
buy-now-pay-later credit and digital payment eco-
systems, may present to members of the Armed 
Forces, veterans, and military families. 
(4) Evaluating the efficacy of current Federal 
programs, educational campaigns, policies, and stat-
utes, including the Military Lending Act and the 
Servicemembers Civil Relief Act, in preventing and 
combatting financial fraud targeting members of the 
Armed Forces, veterans, and military families. 
(5) Developing recommendations to enhance ef-
forts of Federal agencies to detect, prevent, and 
combat financial fraud targeting members of the 
Armed Forces, veterans, and military families. 
(g) REPORT.—Not later than 180 days after the date 
of the enactment of this Act and annually thereafter, the 
Task Force shall submit to the appropriate congressional 
committees a report on its findings to date and rec-
ommendations to enhance the efforts of Federal agencies 
to identify, prevent, and combat financial fraud targeting 
members of the Armed Forces, veterans, and military fam-
ilies. 
(h) APPROPRIATE
CONGRESSIONAL
COMMITTEES 
DEFINED.—In this section, the term ‘‘appropriate con-
gressional committees’’ means the following:
451 
(1) The Committee on Oversight and Reform of 
the House of Representatives. 
(2) The Committee on Armed Services of the 
House of Representatives. 
(3) The Committee on Veterans’ Affairs of the 
House of Representatives. 
(4) The Committee on Homeland Security and 
Governmental Affairs of the Senate. 
(5) The Committee on Armed Services of the 
Senate. 
(6) The Committee on Veterans’ Affairs of the 
Senate. 
SEC. 549B. EXCLUSION OF EVIDENCE OBTAINED WITHOUT 
PRIOR AUTHORIZATION. 
Section 271 of title 10, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(d) Notwithstanding any other provision of law, any 
information obtained by or with the assistance of a mem-
ber of the Armed Forces in violation of section 1385 of 
title 18, shall not be received in evidence in any trial, hear-
ing, or other proceeding in or before any court, grand jury, 
department, officer, agency, regulatory body, legislative 
committee, or other authority of the United States, a 
State, or a political subdivision thereof.’’.
452 
Subtitle F—Member Education 
SEC. 551. INCREASE IN MAXIMUM NUMBER OF STUDENTS 
ENROLLED AT UNIFORMED SERVICES UNI-
VERSITY OF THE HEALTH SCIENCES. 
Section 2114(f)(2) of title 10, United States Code, 
is amended by striking ‘‘40’’ and inserting ‘‘60’’. 
SEC. 552. AUTHORIZATION OF CERTAIN SUPPORT FOR 
MILITARY SERVICE ACADEMY FOUNDATIONS. 
(a) IN GENERAL.—Subchapter I of chapter 134 of 
title 10, United States Code, is amended by inserting after 
section 2245 the end the following new section: 
‘‘§ 2246. Authorization of certain support for military 
service academy foundations 
‘‘(a) AUTHORITY.—Subject to subsection (b), the 
Secretary of the military department concerned may pro-
vide the following support to a covered foundation: 
‘‘(1) The use, on an unreimbursed basis, of fa-
cilities or equipment of the United States by the cov-
ered foundation, authorized by any— 
‘‘(A) general or flag officer; 
‘‘(B) Senior Executive Service employee 
assigned to the Service Academy supported by 
that covered foundation; or 
‘‘(C) official designated by the Secretary 
concerned.
453 
‘‘(2) Endorsement by an individual described in 
paragraph (1) of— 
‘‘(A) the covered foundation; 
‘‘(B) an event of the covered foundation; 
or 
‘‘(C) an activity of the covered foundation. 
‘‘(b) LIMITATIONS.—Support under subsection (a) 
may be provided only if such support— 
‘‘(1) is without any liability of the United 
States to the covered foundation; 
‘‘(2) does not affect the ability of any official or 
employee of the military department concerned, or 
any member of the armed forces, to carry out any 
responsibility or duty in a fair and objective manner; 
‘‘(3) does not compromise the integrity or ap-
pearance of integrity of any program of the military 
department concerned, or any individual involved in 
such a program; and 
‘‘(4) does not include the participation of any 
cadet or midshipman, other than participation in an 
honor guard at an event of the covered foundation. 
‘‘(c) BRIEFING.—In any fiscal year during which sup-
port is provided under subsection (a), the Secretary of the 
military department concerned shall provide a briefing not 
later than the last day of that fiscal year to the congres-
454 
sional defense committees regarding the number of events 
or activities of a covered foundation in which an individual 
described in subsection (a)(1) participated during such fis-
cal year. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered foundation’ means a 
charitable, educational, or civic nonprofit organiza-
tion under section 501(c)(3) of the Internal Revenue 
Code of 1986, that the Secretary concerned deter-
mines operates exclusively to support, with respect 
to a Service Academy, any of the following: 
‘‘(A) Recruiting. 
‘‘(B) Parent or alumni development. 
‘‘(C) Academic, leadership, or character 
development. 
‘‘(D) Institutional development. 
‘‘(E) Athletics. 
‘‘(2) The term ‘Service Academy’ has the mean-
ing given such term in section 347 of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such subchapter is amended by insert-
ing after the item relating to item 2245 the following new 
item: 
‘‘2246. Authorization of certain support for military service academy founda-
tions.’’.
455 
SEC. 553. AGREEMENT BY A CADET OR MIDSHIPMAN TO 
PLAY PROFESSIONAL SPORT CONSTITUTES A 
BREACH OF SERVICE OBLIGATION. 
(a) UNITED STATES MILITARY ACADEMY.—Section 
7448 of title 10, United States Code, is amended as fol-
lows: 
(1) Paragraph (5) of subsection (a) is amended 
to read as follows: 
‘‘(5) The cadet may not obtain employment, in-
cluding as a professional athlete, until after com-
pleting the cadet’s commissioned service obligation.’’. 
(2) Subsection (b) is amended by adding at the 
end the following new paragraph: 
‘‘(4) A cadet who violates paragraph (5) of subsection 
(a) by obtaining employment as a professional athlete is 
not eligible for the alternative obligation under paragraph 
(1).’’. 
(3) Subsection (c) is amended— 
(A) by redesignating paragraphs (2) and 
(3) as paragraphs (3) and (4), respectively; and 
(B) by inserting, after paragraph (1), the 
following new paragraph (2): 
‘‘(2) that a cadet who obtains employment as a 
professional athlete before completing the cadet’s 
commissioned service obligation has breached an 
agreement under such subsection;’’.
456 
(4) Subsection (d) is amended— 
(A) by striking ‘‘with respect to an officer 
who is a graduate of the Academy’’ and insert-
ing ‘‘with respect to a cadet’’; and 
(B) by striking ‘‘officer’s’’ and inserting 
‘‘cadet’s’’. 
(5) Subsection (f) is amended by striking ‘‘the 
terms’’ and inserting ‘‘each term’’. 
(b) UNITED STATES NAVAL ACADEMY.—Section 
8459 of title 10, United States Code, is amended as fol-
lows: 
(1) Paragraph (5) of subsection (a) is amended 
to read as follows: 
‘‘(5) The midshipman may not obtain employ-
ment, including as a professional athlete, until after 
completing the midshipman’s commissioned service 
obligation.’’. 
(2) Subsection (b) is amended by adding at the 
end the following new paragraph: 
‘‘(4) A midshipman who violates paragraph (5) of 
subsection (a) by obtaining employment as a professional 
athlete is not eligible for the alternative obligation under 
paragraph (1).’’. 
(3) Subsection (c) is amended—
457 
(A) by redesignating paragraphs (2) and 
(3) as paragraphs (3) and (4), respectively; and 
(B) by inserting, after paragraph (1), the 
following new paragraph (2): 
‘‘(2) that a midshipman who obtains employ-
ment as a professional athlete before completing the 
midshipman’s commissioned service obligation has 
breached an agreement under such subsection;’’. 
(4) Subsection (d) is amended— 
(A) by striking ‘‘with respect to an officer 
who is a graduate of the Academy’’ and insert-
ing ‘‘with respect to a midshipman’’; and 
(B) by striking ‘‘officer’s’’ and inserting 
‘‘midshipman’s’’. 
(5) Subsection (f) is amended by striking ‘‘the 
terms’’ and inserting ‘‘each term’’. 
(c) UNITED STATES AIR FORCE ACADEMY.—Section 
9448 of title 10, United States Code, is amended as fol-
lows: 
(1) Paragraph (5) of subsection (a) is amended 
to read as follows: 
‘‘(5) The cadet may not obtain employment, in-
cluding as a professional athlete, until after com-
pleting the cadet’s commissioned service obligation.’’.
458 
(2) Subsection (b) is amended by adding at the 
end the following new paragraph: 
‘‘(4) A cadet who violates paragraph (5) of subsection 
(a) by obtaining employment as a professional athlete is 
not eligible for the alternative obligation under paragraph 
(1).’’. 
(3) Subsection (c) is amended— 
(A) by redesignating paragraphs (2) and 
(3) as paragraphs (3) and (4), respectively; and 
(B) by inserting, after paragraph (1), the 
following new paragraph (2): 
‘‘(2) that a cadet who obtains employment as a 
professional athlete before completing the cadet’s 
commissioned service obligation has breached an 
agreement under such subsection;’’. 
(4) Subsection (d) is amended— 
(A) by striking ‘‘with respect to an officer 
who is a graduate of the Academy’’ and insert-
ing ‘‘with respect to a cadet’’; and 
(B) by striking ‘‘officer’s’’ and inserting 
‘‘cadet’s’’. 
(5) Subsection (f) is amended by striking ‘‘the 
terms’’ and inserting ‘‘each term’’.
459 
SEC. 554. NAVAL POSTGRADUATE SCHOOL: ATTENDANCE 
BY ENLISTED MEMBERS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that: 
(1) The demands of the future operating envi-
ronment need to be met by the most professional, in-
telligent, innovative, and capable servicemembers our 
nation has ever produced. 
(2) Though officers comprise roughly 18% of 
the armed forces, they receive significantly higher in-
vestments into their education up to the PhD level 
than that of their enlisted counterparts. 
(3) Investing in enlisted advanced education 
will strengthen the lethality of the armed forces by 
producing higher quantities of noncommissioned offi-
cers able to operate through the intellectual de-
mands of complex contingencies, producing military 
leaders at rates higher than is otherwise feasible 
with the pool of eligible officers. 
(4) Conducting research and analysis on the 
impact 
of 
advanced 
education 
on 
enlisted 
servicemembers performance, promotion rate, mis-
conduct, and retention is critical to propelling the 
Department of Defense’s initiatives for a modern, 
state-of-the art approach to education and research
460 
to create and sustain an intellectual overmatch in to-
day’s warfighting domains. 
(5) The Naval Postgraduate School serves as a 
converging point for all branches of the United 
States military while simultaneously offering innova-
tive learning environments that, combined, offers an 
ideal testing ground to evaluate the potential bene-
fits of expanding enlisted higher education across 
the Joint Force. 
(b) IN GENERAL.—Subsection (a)(2)(D)(iii) of sec-
tion 8545 of title 10, United States Code, is amended by 
striking ‘‘only on a space-available basis’’ and inserting 
‘‘at a rate of acceptance not to be conditioned by the num-
ber of officer applications’’. 
(c) BRIEFING.—Six years after the date of the enact-
ment of this Act, the Secretary of Defense shall brief the 
Committees on Armed Services of the Senate and House 
of Representatives on the effects of increasing enrollment 
of enlisted members at the Naval Postgraduate School 
pursuant to the amendment made by subsection (a). Such 
briefing shall include the following elements: 
(1) Any increase to the lethality of the Armed 
Forces. 
(2) Effects on rates of recruitment, promotion 
(including compensation to members), and retention.
461 
(3) Effects on malign behavior by members of 
the Armed Forces. 
SEC. 555. AUTHORITY TO WAIVE TUITION AT UNITED 
STATES AIR FORCE INSTITUTE OF TECH-
NOLOGY FOR CERTAIN PRIVATE SECTOR CI-
VILIANS. 
Section 9414a(e)(1) of title 10, United States Code, 
is amended— 
(1) in by striking ‘‘The United’’ and inserting 
‘‘Subject to paragraph (3), the United’’; and 
(2) by adding at the end the following: 
‘‘(3) The Director and Chancellor of the United 
States Air Force Institute of Technology may waive tui-
tion for a student, enrolled under this section, who attends 
a course for professional continuing education.’’. 
SEC. 556. TERMS OF PROVOST AND ACADEMIC DEAN OF 
THE UNITED STATES AIR FORCE INSTITUTE 
OF TECHNOLOGY. 
(a) IN GENERAL.—Paragraph (2) of subsection (b) 
of section 9414b of title 10, United States Code, is amend-
ed to read as follows: ‘‘An individual selected for the posi-
tion of Provost and Chief Academic Officer shall serve in 
that position for a term of not more than five years and 
may be continued in that position for an additional term 
of up to five years’’.
462 
(b) CONFORMING AMENDMENT.—Paragraph (1) of 
such subsection is amended by striking ‘‘appointed’’ and 
inserting ‘‘selected’’. 
SEC. 557. ESTABLISHMENT OF CONSORTIUM FOR CUR-
RICULA IN MILITARY EDUCATION. 
(a) ESTABLISHMENT.—Not later than one year after 
the date of the enactment of this Act, the Secretary of 
Defense, in coordination with the Chairman of the Joint 
Chiefs of Staff, and in coordination with the Under Sec-
retary of Defense for Personnel and Readiness, shall es-
tablish a consortium of the institutions of military edu-
cation and covered entities. 
(b) ACTIVITIES.—The duties of the consortium shall 
be to conduct research and develop common, research- 
based curricula for the institutions of military education 
in order to improve military education for students of the 
consortium members. 
(c) CURRICULA.— 
(1) IN GENERAL.—Curricula developed by the 
consortium shall— 
(A) be more responsive to new opportuni-
ties and challenges in an era of great power 
competition, and in which security requires 
knowledge of economics, new technologies (in-
463 
cluding artificial intelligence), supply chains, 
and adversarial governments; 
(B) creatively apply military power to in-
form national strategy, conduct globally inte-
grated operations, and fight under conditions of 
disruptive change; and 
(C) include non-military topics, such as di-
plomacy, economics, information, intelligence, 
and culture. 
(2) APPLIED DESIGN FOR INNOVATION OF THE 
DEFENSE ANALYSIS DEPARTMENT AT THE NAVAL 
POSTGRADUATE SCHOOL.—The Secretary may make 
permanent the curriculum of the Applied Design for 
Innovation of the Defense Analysis Department at 
the Naval Postgraduate School and use such cur-
riculum as a model to be replicated at other institu-
tions of military education. 
(d) DIRECTOR.—The Director of the consortium shall 
be the President of National Defense University. 
(e) MEETINGS.—The consortium shall meet at the 
call of the Director, in accordance with the following: 
(1) The consortium and the Chiefs of the 
Armed Forces shall meet not less than once annually 
to establish or revise curricula.
464 
(2) The consortium shall meet not less than 
twice annually to establish a plan of action and mile-
stones to prepare curricula. 
(f) REPORTS.— 
(1) INTERIM
REPORT.—Not later than 180 
days after the date of the enactment of this Act, the 
Secretary shall submit to the Committees on Armed 
Services of the Senate and House of Representative 
an interim report on the organization, activities, 
funding, actions and milestones of the consortium. 
(2) ANNUAL
REPORT.—Not later than Sep-
tember 30 of each year, beginning in 2024 and end-
ing in 2028, the Secretary shall submit to the Com-
mittees on Armed Services of the Senate and House 
of Representative a report describing the activities, 
funding, curricula created, and research conducted 
by the consortium during the preceding year. 
(g) TERMINATION.—The consortium shall terminate 
on September 30, 2028. 
(h) DEFINITIONS.—In this section: 
(1) The term ‘‘institutions of military edu-
cation’’ means— 
(A) the professional military education 
schools; 
(B) the senior level service schools;
465 
(C) the intermediate level service schools; 
(D) the joint intermediate level service 
school; 
(E) the Naval Postgraduate School; and 
(F) the military service academies. 
(2) The term ‘‘covered entity’’ means— 
(A) an institution of higher education that 
the Secretary determines has an established 
program of education regarding national secu-
rity or technology relevant to the Department 
of Defense; or 
(B) an entity that the Secretary deter-
mines conducts research in policy relevant to 
the Department of Defense. 
(3) The term ‘‘institution of higher education’’ 
has the meaning given that term in section 101 of 
the Higher Education Act of 1965 (Public Law 89– 
329; 20 U.S.C. 1001). 
(4) The terms ‘‘intermediate level service 
school’’, ‘‘joint intermediate level service school’’, 
and ‘‘senior level service school’’ have the meaning 
given such terms in section 2151 of title 10, United 
States Code. 
(5) The term ‘‘military service academy’’ means 
the following:
466 
(A) The United States Military Academy. 
(B) The United States Naval Academy. 
(C) The United States Air Force Academy. 
(6) The term ‘‘professional military education 
schools’’ means the schools specified in section 2162 
of title 10, United States Code. 
SEC. 558. ESTABLISHMENT OF CONSORTIUM OF INSTITU-
TIONS OF MILITARY EDUCATION FOR CYBER-
SECURITY MATTERS. 
(a) ESTABLISHMENT.—Not later than one year after 
the date of the enactment of this Act, the Secretary of 
Defense, in coordination with the Chairman of the Joint 
Chiefs of Staff and the Under Secretary of Defense for 
Personnel and Readiness, shall establish a consortium of 
the institutions of military education and covered entities. 
(b) FUNCTIONS.—The functions of the consortium 
include the following: 
(1) To provide a forum for members of the con-
sortium to share information regarding matters of 
education on cybersecurity, including— 
(A) education of cyber mission forces; 
(B) lessons learned; 
(C) the intersection of cybersecurity across 
all warfighting domains; and
467 
(D) other matters of cybersecurity related 
to national security. 
(2) To develop a cybersecurity research agenda 
to— 
(A) identify gaps in cybersecurity of the 
Department of Defense; and 
(B) study offensive threats, defensive 
threats, and active deterrence in the cyber do-
main. 
(3) To provide the Secretary, the consortium 
members, and other entities determined appropriate 
by the Secretary, access to the expertise of the mem-
bers of the consortium on matters relating to cyber-
security. 
(4) To align the efforts of the members of the 
consortium to support cybersecurity of the Depart-
ment of Defense. 
(c) DIRECTOR.—The Director of the consortium shall 
be the President of National Defense University. The Di-
rector shall consult and coordinate with representatives of 
the institutions of military education and covered entities. 
(d) MEETINGS.—The consortium shall meet at the 
call of the Director, including— 
(1) not less than once annually with the Chiefs 
of the Armed Forces; and
468 
(2) not less than once annually to conduct cyber 
space war games wherein members of the consor-
tium compete. 
(e) COORDINATION WITH OTHER ENTITIES.—The 
Consortium shall, to the maximum extent practicable, co-
ordinate on matters of mutual interest and align its efforts 
with the consortium established under section 1659 of the 
National Defense Authorization Act for Fiscal Year 2020 
(Public Law 116–92; 10 U.S.C. 391 note). 
(f) REPORTS.— 
(1) INTERIM
REPORT.—Not later than 180 
days after the date of the enactment of this Act, the 
Secretary shall submit to the Committees on Armed 
Services of the Senate and House of Representative 
an interim report on the organization, activities, 
funding, actions and milestones of the consortium. 
(2) ANNUAL
REPORT.—Not later than Sep-
tember 30 of each year, beginning in 2024 and end-
ing in 2028, the Secretary shall submit to the Com-
mittees on Armed Services of the Senate and House 
of Representative a report describing the activities, 
funding, research conducted by the consortium, and 
other matters determined by the Secretary, during 
the preceding year.
469 
(g) TERMINATION.—The consortium shall terminate 
on September 30, 2028. 
(h) DEFINITIONS.—In this section: 
(1) The term ‘‘institutions of military edu-
cation’’ means— 
(A) the professional military education 
schools; 
(B) the senior level service schools; 
(C) the intermediate level service schools; 
(D) the joint intermediate level service 
school; 
(E) the Naval Postgraduate School; and 
(F) the military service academies. 
(2) The term ‘‘covered entity’’ means— 
(A) an institution of higher education that 
the Secretary determines has an established 
program of education regarding cybersecurity 
or technology relevant to the Department of 
Defense; or 
(B) an entity that the Secretary deter-
mines conducts research in cybersecurity rel-
evant to the Department of Defense. 
(3) The term ‘‘institution of higher education’’ 
has the meaning given that term in section 101 of
470 
the Higher Education Act of 1965 (Public Law 89– 
329; 20 U.S.C. 1001). 
(4) The terms ‘‘intermediate level service 
school’’, ‘‘joint intermediate level service school’’, 
and ‘‘senior level service school’’ have the meaning 
given such terms in section 2151 of title 10, United 
States Code. 
(5) The term ‘‘military service academy’’ means 
the following: 
(A) The United States Military Academy. 
(B) The United States Naval Academy. 
(C) The United States Air Force Academy. 
(6) The term ‘‘professional military education 
schools’’ means the schools specified in section 2162 
of title 10, United States Code. 
SEC. 559. COMMISSION ON PROFESSIONAL MILITARY EDU-
CATION. 
(a) ESTABLISHMENT.—There is established a com-
mission to examine the purpose, implementation, out-
comes, and relevance of professional military education 
programs operated by the Department of Defense. The 
commission shall be known as the ‘‘Commission on Profes-
sional Military Education’’ (referred to in this section as 
the ‘‘Commission’’). 
(b) MEMBERSHIP.—
471 
(1) COMPOSITION.—The Commission shall be 
composed of the following members: 
(A) Two members appointed by the Chair-
man of the Committee on Armed Services of 
the Senate, one of whom shall be a Senator and 
one who may not be a Senator. 
(B) Two members appointed by the Rank-
ing Minority Member of the Committee on 
Armed Services of the Senate, one of whom 
shall be a Senator and one who may not be a 
Senator. 
(C) Two members appointed by the Chair 
of the Committee on Armed Services of the 
House of Representatives, one of whom shall be 
a Member of the House of Representatives and 
one who may not be a Member of the House of 
Representatives. 
(D) Two members appointed by the Rank-
ing Minority Member of the Committee on 
Armed Services of the House of Representa-
tives, one of whom shall be a Member of the 
House of Representatives and one who may not 
be a Member of the House of Representatives. 
(2) CHAIR.—The Commission shall have one 
Chair, selected by the members of the Commission.
472 
(c) APPOINTMENT; INITIAL MEETING.— 
(1) APPOINTMENT.—Members of the Commis-
sion shall be appointed not later than 60 days after 
the date of the enactment of this Act. 
(2) INITIAL MEETING; NOTICE.—The Commis-
sion shall hold its initial meeting on or before the 
date that is 90 days after the date of the enactment 
of this Act. In lieu of publication in the Federal 
Register, the Commission shall post a notice of such 
meeting on a publicly accessible website of the Com-
mission at least 15 days before such meeting. 
(d) MEETINGS; NOTICE; QUORUM; VACANCIES.— 
(1) IN
GENERAL; NOTICE.—After its initial 
meeting, the Commission shall meet— 
(A) upon the call of the Chair of the Com-
mission; and 
(B) not fewer than 15 days after posting 
a notice of such meeting on a publicly accessible 
website of the Commission, in lieu of publica-
tion in the Federal Register. 
(2) QUORUM.—Five members of the Commis-
sion shall constitute a quorum for purposes of con-
ducting business, except that two members of the 
Commission shall constitute a quorum for purposes 
of receiving testimony.
473 
(3) VACANCIES.—Members shall be appointed 
for the life of the Commission. Any vacancy in the 
Commission shall not affect its powers, but shall be 
filled in the same manner as the original appoint-
ment. 
(4) QUORUM WITH VACANCIES.—If vacancies in 
the Commission occur on any day after 60 days 
after the date of the enactment of this Act, a 
quorum shall consist of a majority of the members 
of the Commission as of such day. 
(e) ACTIONS OF COMMISSION.— 
(1) IN GENERAL.—The Commission shall act by 
resolution agreed to by a majority of the members 
of the Commission voting and present. 
(2) SUBCOMMITTEES.—The Commission may 
establish subcommittees composed of less than the 
full membership of the Commission for purposes of 
carrying out the duties of the Commission under this 
section. The actions of any such subcommittee shall 
be subject to the review and control of the Commis-
sion. Any findings and determinations made by such 
a subcommittee shall not be considered the findings 
and determinations of the Commission unless ap-
proved by the Commission.
474 
(3) DELEGATION.—Any member, agent, or staff 
of the Commission may, if authorized by the Chair 
of the Commission, take any action which the Com-
mission is authorized to take pursuant to this sec-
tion. 
(f) DUTIES.—The duties of the Commission are as 
follows: 
(1) To— 
(A) review the purpose and desired out-
comes, as indicated in Department of Defense 
Instruction 1322.35, of professional military 
education in support of the National Defense 
Strategy; and 
(B) evaluate whether the Armed Forces 
are achieving such purpose and outcomes. 
(2) To review and evaluate the means by which 
faculty assigned to teach professional military edu-
cation are selected, managed, promoted, evaluated, 
and afforded academic freedom, including— 
(A) members serving on active duty; 
(B) civilian instructors who are military re-
tirees; and 
(C) civilian instructors who are not mili-
tary retirees. 
(3) To—
475 
(A) review how members are selected for 
residential and non-residential professional mili-
tary education; 
(B) evaluate whether students are ade-
quately prepared for professional military edu-
cation programs; and 
(C) whether additional entrance require-
ments, such as a writing assessment and aca-
demic prerequisites, should be established. 
(4) To— 
(A) review and assess how the performance 
of professional military education students is 
evaluated during the academic year; 
(B) how such performance is reflected in 
the service records of such students; and 
(C) consider whether students assigned to 
residential professional military education at 
the war colleges should be objectively evaluated 
by the faculty for potential at more senior 
ranks. 
(5) To review and evaluate whether and how 
professional military education prepares graduates 
for senior-level operational and strategic assign-
ments.
476 
(6) To review and evaluate whether and how 
the Armed Forces consider and fully leverage profes-
sional military education in subsequent assignments. 
(7) To consider whether professional military 
education tracks focused on China, Russia, or other 
key adversaries or topics of importance to the Na-
tional Defense Strategy would provide value for the 
Armed Forces. 
(8) With respect to professional military edu-
cation curriculum, to review and evaluate— 
(A) relevance to the National Defense 
Strategy and current and future defense needs, 
including topics covered and modalities of in-
struction, 
such 
as 
interactive 
seminars, 
wargaming, and other simulations; and 
(B) the process for developing and modi-
fying the curriculum. 
(9) To evaluate whether the Armed Forces have 
established a system of accountability to ensure that 
professional military education meets the defense 
needs of the United States at a reasonable cost. 
(10) To review and evaluate the appropriate-
ness of the service commitments imposed by the 
Armed Forces for members selected for professional 
military education.
477 
(g) POWERS OF COMMISSION.— 
(1) IN GENERAL.—The Commission or, on the 
authorization of the Commission, any subcommittee 
or member thereof, may, for the purpose of carrying 
out the provisions of this section hold such hearings 
and sit and act at such times and places, take such 
testimony, receive such evidence, and administer 
such oaths. 
(2) CONTRACTING.—The Commission may, to 
such extent and in such amounts as are provided in 
advance in appropriation Acts, enter into contracts 
to enable the Commission to discharge its duties 
under this section. 
(3) INFORMATION FROM FEDERAL AGENCIES.— 
(A) IN GENERAL.—The Commission may 
secure directly from any executive department, 
agency, bureau, board, commission, office, inde-
pendent establishment, or instrumentality of the 
Government 
information, 
suggestions, 
esti-
mates, and statistics for the purposes of this 
section. 
(B) COMPLIANCE.—Except for the intel-
ligence community (as such term is defined in 
section 3 of the National Security Act of 1947 
(Chapter 343; 61 Stat. 496; 50 U.S.C. 3003)),
478 
each such department, agency, bureau, board, 
commission, office, establishment, or instrumen-
tality shall, to the extent authorized by law, fur-
nish such information, suggestions, estimates, 
and statistics directly to the Commission, upon 
request of the Chair of the Commission. 
(C) 
CLASSIFIED
INFORMATION.—The 
Commission shall handle and protect all classi-
fied information provided to it under this sec-
tion in accordance with applicable statutes and 
regulations. 
(4) ASSISTANCE
FROM
DEPARTMENT
OF
DE-
FENSE.—The Secretary of Defense shall provide to 
the Commission, on a nonreimbursable basis, such 
administrative services, funds, staff, facilities, and 
other support services as are necessary for the per-
formance of the Commission’s duties under this sec-
tion. 
(5) POSTAL SERVICES.—The Commission may 
use the United States postal services in the same 
manner and under the same conditions as the de-
partments and agencies of the United States. 
(6) GIFTS.—No member or staff of the Com-
mission may receive a gift or benefit by reason of
479 
the service of such member or staff to the Commis-
sion. 
(h) STAFF OF COMMISSION.— 
(1) DIRECTOR.—The Chair of the Commission, 
in accordance with rules agreed upon by the Com-
mission, shall appoint and fix the compensation of a 
staff director and such other personnel as may be 
necessary to enable the Commission to carry out its 
duties, without regard to the provisions of title 5, 
United States Code, governing appointments in the 
competitive service, and without regard to the provi-
sions of chapter 51 and subchapter III of chapter 53 
of such title relating to classification and General 
Schedule pay rates, except that no rate of pay fixed 
under this subsection may exceed the equivalent of 
that payable to a person occupying a position at 
level V of the Executive Schedule under section 5316 
of such title. 
(2) DETAILEES.—Any Federal Government em-
ployee may be detailed to the Commission without 
reimbursement from the Commission, and such 
detailee shall retain the rights, status, and privileges 
of his or her regular employment without interrup-
tion.
480 
(3) CONSULTANT SERVICES.—The Commission 
may procure the services of experts and consultants 
in accordance with section 3109 of title 5, United 
States Code, but at rates not to exceed the daily rate 
paid a person occupying a position at level IV of the 
Executive Schedule under section 5315 of such title. 
(i) COMPENSATION AND TRAVEL EXPENSES.— 
(1) COMPENSATION.— 
(A) IN GENERAL.—Except as provided in 
paragraph (2), each member of the Commission 
may be compensated at not to exceed the daily 
equivalent of the annual rate of basic pay in ef-
fect for a position at level IV of the Executive 
Schedule under section 5315 of title 5, United 
States Code, for each day during which that 
member is engaged in the actual performance of 
the duties of the Commission under this sec-
tion. 
(B) FEDERAL
OFFICERS
OR
EMPLOY-
EES.—Members of the Commission who are of-
ficers or employees of the United States or 
Members of Congress shall receive no additional 
pay by reason of their service on the Commis-
sion.
481 
(2) TRAVEL
EXPENSES.—While away from 
their homes or regular places of business in the per-
formance of services for the Commission, members 
of the Commission may be allowed travel expenses, 
including per diem in lieu of subsistence, in the 
same manner as persons employed intermittently in 
the Government service are allowed expenses under 
section 5703 of title 5, United States Code. 
(j) FINAL REPORT; TERMINATION.— 
(1) FINAL REPORT.—Not later than 18 months 
after the date of the enactment of this Act, the 
Commission shall submit to the congressional de-
fense committees and the Secretary of Defense an 
unclassified report (that may include a classified 
annex) containing the findings and recommendations 
of the Commission. 
(2) TERMINATION.— 
(A) IN GENERAL.—The Commission, and 
all the authorities of this section, shall termi-
nate at the end of the 120-day period beginning 
on the date on which the final report under 
paragraph (1) is submitted to the congressional 
defense committees. 
(B) WINDING
DOWN.—The Commission 
may use the 120-day period referred to in sub-
482 
paragraph (A) for the purposes of concluding 
its activities, including providing testimony to 
Congress concerning the final report referred to 
in that subparagraph and disseminating the re-
port. 
SEC. 559A. INCREASE IN THE NUMBER OF INDIVIDUALS 
FROM THE DISTRICT OF COLUMBIA WHO MAY 
BE APPOINTED TO MILITARY SERVICE ACAD-
EMIES. 
(a) UNITED STATES MILITARY ACADEMY.—Section 
7442 of title 10, United States Code, is amended— 
(1) in subsection (a)(5), by striking ‘‘Five’’ and 
inserting ‘‘Fifteen’’; and 
(2) in subsection (b)(5), by striking ‘‘para-
graphs (3) and (4)’’ and inserting ‘‘paragraphs (3), 
(4), and (5)’’. 
(b) UNITED STATES NAVAL ACADEMY.—Section 
8454 of title 10, United States Code, is amended— 
(1) in subsection (a)(5), by striking ‘‘Five’’ and 
inserting ‘‘Fifteen’’; and 
(2) in subsection (b)(5), by striking ‘‘para-
graphs (3) and (4)’’ and inserting ‘‘paragraphs (3), 
(4), and (5)’’. 
(c) UNITED STATES AIR FORCE ACADEMY.—Section 
9442 of title 10, United States Code, is amended—
483 
(1) in subsection (a)(5), by striking ‘‘Five’’ and 
inserting ‘‘Fifteen’’; and 
(2) in subsection (b)(5), by striking ‘‘para-
graphs (3) and (4)’’ and inserting ‘‘paragraphs (3), 
(4), and (5)’’. 
SEC. 559B. MODIFICATION OF ANNUAL REPORT ON DEMO-
GRAPHICS OF MILITARY SERVICE ACADEMY 
APPLICANTS. 
Subsection (c)(2) of section 575 of the William M. 
(Mac) Thornberry National Defense Authorization Act for 
Fiscal Year 2021 (Public Law 116–283; 10 U.S.C. 7442 
note) is amended by adding at the end the following new 
subparagraph: 
‘‘(C) Any significant disparity in gender, 
race, ethnicity, or other demographic category 
described in subsection (b), and any suspected 
cause of such disparity within the application or 
nominating process.’’. 
SEC. 559C. REPORT ON TREATMENT OF CHINA IN CUR-
RICULA OF PROFESSIONAL MILITARY EDU-
CATION. 
(a) IN GENERAL.—Not later than December 1, 2022, 
the Secretary of Defense shall submit to the Committees 
on Armed Services of the Senate and House of Represent-
atives a report regarding the treatment of China in the
484 
curricula of institutions of military education, including 
changes to such treatment implemented in the five years 
preceding the date of such report. 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘institutions of military edu-
cation’’ means— 
(A) the professional military education 
schools; 
(B) the senior level service schools; 
(C) the intermediate level service schools; 
(D) the joint intermediate level service 
school; and 
(E) the Naval Postgraduate School. 
(2) The terms ‘‘intermediate level service 
school’’, ‘‘joint intermediate level service school’’, 
and ‘‘senior level service school’’ have the meaning 
given such terms in section 2151 of title 10, United 
States Code. 
(3) The term ‘‘professional military education 
schools’’ means the schools specified in section 2162 
of title 10, United States Code. 
SEC. 559D. SPEECH DISORDERS OF CADETS AND MID-
SHIPMEN. 
(a) TESTING.—The Superintendent of a military 
service academy shall provide testing for speech disorders
485 
to incoming cadets or midshipmen under the jurisdiction 
of that Superintendent. 
(b) NO EFFECT ON ADMISSION.—The testing under 
subsection (a) may not have any affect on admission to 
a military service academy. 
(c) RESULTS.—The Superintendent shall provide 
each cadet or midshipman under the jurisdiction of that 
Superintendent the result of the testing under subsection 
(a) and a list of warfare unrestricted line officer positions 
and occupation specialists that require successful perform-
ance on the speech test. 
(d) THERAPY.—The Superintendent shall furnish 
speech therapy to a cadet or midshipman under the juris-
diction of that Superintendent at the election of the cadet 
or midshipman. 
(e) RETAKING.—A cadet or midshipman whose test-
ing indicate a speech disorder or impediment may elect 
to retake the testing once each academic year while en-
rolled at the military service academy. 
SEC. 559E. AMENDMENTS TO PATHWAYS FOR COUNSELING 
IN THE TRANSITION ASSISTANCE PROGRAM. 
Section 1142(c)(1) of title 10, United States Code, 
is amended—
486 
(1) in subparagraph (E), by striking ‘‘Dis-
ability’’ and inserting ‘‘Potential or confirmed dis-
ability’’; 
(2) in subparagraph (F), by striking ‘‘Char-
acter’’ and inserting ‘‘Potential or confirmed char-
acter’’; 
(3) by redesignating subparagraph (M) as sub-
paragraph (R); and 
(4) by inserting after subparagraph (L) the fol-
lowing: 
‘‘(M) Child care requirements of the member 
(including whether a dependent of the member is en-
rolled in the Exceptional Family Member Program). 
‘‘(N) The employment status of other adults in 
the household of the member. 
‘‘(O) The location of the duty station of the 
member (including whether the member was sepa-
rated from family while on duty). 
‘‘(P) The effects of operating tempo and per-
sonnel tempo on the member and the household of 
the member. 
‘‘(Q) Whether the member is an Indian or 
urban Indian, as those terms are defined in section 
4 of the Indian Health Care Improvement Act (Pub-
lic Law 94–437; 25 U.S.C. 1603).’’.
487 
Subtitle G—Member Training and 
Transition 
SEC. 561. INFORMATION REGARDING APPRENTICESHIPS 
FOR 
MEMBERS 
DURING 
INITIAL 
ENTRY 
TRAINING. 
(a) REQUIREMENT.—Chapter 31 of title 10, United 
States Code, is amended by inserting after section 510 the 
following new section: 
‘‘§ 510a. Provision of information regarding appren-
ticeships during initial entry training 
‘‘(a) IN GENERAL.—The Secretary concerned shall 
provide to a member, during initial entry training, infor-
mation regarding registered apprenticeship programs re-
lated to the military occupational specialty or career field 
of such member. 
‘‘(b) REGISTERED APPRENTICESHIP PROGRAM DE-
FINED.—In this section, the term ‘registered apprentice-
ship program’ means an apprenticeship program reg-
istered under the Act of August 16, 1937 (commonly 
known as the ‘National Apprenticeship Act’; 50 Stat. 664, 
chapter 663; 29 U.S.C. 50 et seq.).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting, 
after the item relating to section 510, the following new 
item:
488 
‘‘510a. Provision of information regarding apprenticeships during initial entry 
training.’’. 
SEC. 562. EXTREMIST ACTIVITY BY A MEMBER OF THE 
ARMED 
FORCES: 
NOTATION 
IN 
SERVICE 
RECORD; TAP COUNSELING. 
(a) TAP COUNSELING.—Subsection (b) of section 
1142 of title 10, United States Code, is amended by add-
ing at the end the following new paragraph (20): 
‘‘(20) In the case of a member who has violated 
Department of Defense Instruction 1325.06 (or suc-
cessor document), relating to extremist activity, in- 
person counseling, developed by the Secretary of De-
fense in consultation with the Secretary of Home-
land Security, that includes— 
‘‘(A) information regarding why extremist 
activity is inconsistent with service in the armed 
forces and with national security; 
‘‘(B) information regarding the dangers 
associated with involvement with an extremist 
group; and 
‘‘(C) methods for the member to recognize 
and avoid information that may promote ex-
tremist activity.’’. 
(b) SERVICE RECORD.—In the case of a member de-
scribed in paragraph (20) of such subsection, as added 
by subsection (a) of this section, the Secretary concerned
489 
shall ensure that the commanding officer of such member 
notes such violation in the service record of such member. 
(c) IMPLEMENTATION DATE.—The Secretary of De-
fense shall complete development of counseling under such 
paragraph not later than the day that is one year after 
the date of the enactment of this Act. The Secretary con-
cerned shall ensure that such counseling is carried out on 
and after such day. 
SEC. 563. CODIFICATION OF SKILLBRIDGE PROGRAM. 
(a) IN GENERAL.—Section 1143(e) of title 10, 
United States Code, is amended— 
(1) in the heading, by adding ‘‘; SKILLBRIDGE’’ 
after ‘‘TRAINING’’; and 
(2) in paragraph (1), by adding at the end 
‘‘Such a program shall be known as ‘Skillbridge’.’’. 
(b) REGULATIONS.—To carry out Skillbridge, the 
Secretary of Defense shall, not later than September 30, 
2023— 
(1) update Department of Defense Instruction 
1322.29, titled ‘‘Job Training, Employment Skills 
Training, Apprenticeships, and Internships (JTEST- 
AI) for Eligible Service Members’’; and 
(2) develop a funding plan for Skillbridge that 
includes funding lines across the future-years de-
490 
fense program under section 221 of title 10, United 
States Code. 
SEC. 564. TRAINING ON DIGITAL CITIZENSHIP AND MEDIA 
LITERACY IN ANNUAL CYBER AWARENESS 
TRAINING FOR CERTAIN MEMBERS. 
(a) IN GENERAL.—The annual cyber awareness 
training provided to members of the covered Armed 
Forces shall include a digital literacy module regarding 
digital citizenship, media literacy, and protection against 
cyber threats (such as influenced or digitally altered infor-
mation). 
(b) DEFINITIONS.—In this section: 
(1) The term ‘‘covered Armed Force’’ means 
the following: 
(A) The Army. 
(B) The Navy. 
(C) The Marine Corps. 
(D) The Air Force. 
(E) The Space Force. 
(2) The term ‘‘digital citizenship’’ means the 
ability to safely, responsibly, and ethically use com-
munication technologies and digital information 
technology tools and platforms; create and share 
media content using principles of social and civic re-
sponsibility and with awareness of the legal and eth-
491 
ical issues involved; and participate in the political, 
economic, social, and cultural aspects of life related 
to technology, communications, and the digital world 
by consuming and creating digital content, including 
media. 
(3) The term ‘‘media literacy’’ means the ability 
to access relevant and accurate information through 
media in a variety of forms; critically analyze media 
content and the influences of different forms of 
media; evaluate the comprehensiveness, relevance, 
credibility, authority, and accuracy of information; 
make educated decisions based on information ob-
tained from media and digital sources; operate var-
ious forms of technology and digital tools; and re-
flect on how the use of media and technology may 
affect private and public life. 
SEC. 565. PILOT GRANT PROGRAM TO SUPPLEMENT THE 
TRANSITION ASSISTANCE PROGRAM OF THE 
DEPARTMENT OF DEFENSE. 
(a) ESTABLISHMENT.—The Secretary of Defense, in 
consultation with the Secretary of Veterans Affairs, shall 
carry out a pilot grant program under which the Secretary 
of Defense provides enhanced support and funding to eligi-
ble entities to supplement TAP to provide job opportuni-
ties for industry recognized certifications, job placement
492 
assistance, and related employment services directly to 
covered individuals. 
(b) SERVICES.—Under the pilot grant program, the 
Secretary of Defense shall provide grants to eligible enti-
ties to provide to covered individuals the following services: 
(1) Using an industry-validated screening tool, 
assessments of prior education, work history, and 
employment aspirations of covered individuals, to 
tailor appropriate and employment services. 
(2) 
Preparation 
for 
civilian 
employment 
through services like mock interviews and salary ne-
gotiations, training on professional networking plat-
forms, and company research. 
(3) Several industry-specific learning path-
ways— 
(A) with entry-level, mid-level and senior 
versions; 
(B) in fields such as project management, 
cybersecurity, and information technology; 
(C) in which each covered individual works 
with an academic advisor to choose a career 
pathway and navigate coursework during the 
training process; and