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(C) One or more medical personnel of the 
Department of Defense. 
(D) One or more Judge Advocates Gen-
eral. 
(E) One or more military police or other 
law enforcement personnel of the covered 
Armed Forces. 
(F) One or more military commanders. 
(G) One or more individuals whose duties 
include planning, executing, and evaluating 
training of the covered Armed Forces. 
(H) Civilians who are experts on domestic 
violence or who provide services relating to do-
mestic violence, including— 
(i) not fewer than two representatives 
from the national domestic violence re-
source center and the special issue re-
source centers referred to in section 310 of 
the Family Violence Prevention and Serv-
ices Act (42 U.S.C. 10410); 
(ii) not fewer than two representatives 
from national domestic violence organiza-
tions; 
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(iii) not fewer than two representa-
tives from State domestic violence and sex-
ual assault coalitions; and 
(iv) not fewer than two domestic vio-
lence service providers who provide services 
in communities located near military in-
stallations. 
(I) One or more representatives who are 
subject matter experts on— 
(i) scientific and other research relat-
ing to domestic violence; and 
(ii) science-based strategies for the 
prevention, intervention, and response to 
domestic violence. 
(J) Civilian law enforcement personnel. 
(K) One or more representatives from the 
Office on Violence Against Women of the De-
partment of Justice. 
(L) One or more representatives of the 
Family Violence Prevention and Services Pro-
gram of the Department of Health and Human 
Services. 
(M) One or more representatives from the 
Centers for Disease Control and Prevention. 
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(4) APPOINTMENT
BY
SECRETARY
OF
DE-
FENSE.— 
(A) IN GENERAL.—The Secretary of De-
fense shall appoint the members of the Task 
Force specified in subparagraphs (A) through 
(M) of paragraph (3). 
(B) CONSULTATION.— 
(i) CONSULTATION
WITH
ATTORNEY 
GENERAL.—In appointing members under 
subparagraph (K) of paragraph 3, the Sec-
retary of Defense shall consult with the At-
torney General. 
(ii) CONSULTATION WITH SECRETARY 
OF
HHS.—In appointing members under 
subparagraphs (L) and (M) of such para-
graph, the Secretary shall consult with the 
Secretary of Health and Human Services. 
(C) 
INCLUSION
OF
CERTAIN
PER-
SONNEL.—The Secretary shall ensure that the 
members appointed by the Secretary under this 
subparagraph include— 
(i) representatives of the Office of the 
Secretary of Defense; 
(ii) general and flag officers; 
(iii) noncommissioned officers; and 
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(iv) other enlisted personnel of the 
covered Armed Forces. 
(5) TOTAL NUMBER OF MEMBERS.—The total 
number of members appointed to the Task Force 
shall be not more than 25. 
(6) CHAIRPERSON.— 
(A) NOMINEE LIST.—On an annual basis, 
the Task Force shall submit to the Secretary a 
list of members of the Task Force who may be 
considered for the position of chairperson of the 
Task Force. 
(B) SELECTION.—From the list submitted 
to the Secretary under subparagraph (A) for 
each year, the Secretary of Defense shall des-
ignate one member of the Task Force to serve 
as the chairperson of the Task Force. 
(C) TERM.—The chairperson designated 
by the Secretary under subparagraph (B) shall 
serve for a term of 1 year and may serve for 
additional terms of 1 year if redesignated as the 
chairperson by the Secretary under such sub-
paragraph. 
(7) MEETINGS.—The first meeting of the Task 
Force shall convene not later than 180 days after 
the date of the enactment of this Act. Thereafter, 
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the task Force shall meet in plenary session not less 
frequently than once annually. 
(8) COMPENSATION AND TRAVEL EXPENSES.— 
Each member of the Task Force shall serve without 
compensation (other than the compensation to which 
such member may be entitled as a member of the 
covered Armed Forces or an officer or employee of 
the United States, as the case may be), but shall be 
allowed travel expenses, including per diem in lieu of 
subsistence, at rates authorized for employees of 
agencies under subchapter I of chapter 57 of title 5, 
United States Code, while away from the member’s 
home or regular places of business in the perform-
ance of services for the Task Force. 
(9) SITE VISITS.—In the carrying out the du-
ties described in paragraph (2), members of the 
Task Force shall— 
(A) on an annual basis, visit one or more 
military installations outside the United States; 
and 
(B) on a semiannual basis, visit one or 
more military installations within the United 
States. 
(10) OVERSIGHT AND ADMINISTRATION.—The 
Secretary of Defense shall designate an appropriate 
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organization within the Office of the Secretary of 
Defense to— 
(A) provide oversight of the Task Force; 
(B) provide the Task Force with the per-
sonnel, facilities, and other administrative sup-
port that is necessary for the performance of 
the Task Force’s duties; and 
(C) on a rotating basis, direct the Sec-
retary of each military department to— 
(i) coordinate visits of the Task Force 
to military installations; and 
(ii) provide administrative, logistical, 
and other support for the meetings of the 
Task Force. 
(11) REPORTS.— 
(A) REPORTS TO SECRETARY.— 
(i) INITIAL REPORT.—Not later than 
1 year after the date on which the mem-
bers of the Task Force are appointed 
under paragraph (3), the Task Force shall 
submit to the Secretary of Defense rec-
ommendations with respect to each matter 
described in paragraph (2). 
(ii) SUBSEQUENT
REPORTS.—After 
submitting the initial report under sub-
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paragraph (A), the Task Force shall, from 
time to time, submit to the Secretary of 
Defense such analyses and recommenda-
tions as the Task Force considers appro-
priate to improve the effectiveness of the 
covered Armed Forces in responding to 
and preventing domestic violence. 
(B) REPORTS TO CONGRESS.—On an an-
nual basis until the date on which the Task 
Force terminates under paragraph (12), the 
Task Force shall submit to Congress a report 
that includes— 
(i) a description of any improvements 
in the response of the covered Armed 
Forces to domestic violence over the pre-
ceding year; 
(ii) an explanation of any pending re-
search on domestic violence that may be 
relevant to domestic violence involving 
members of the covered Armed Forces; 
and 
(iii) such analyses and recommenda-
tions as the Task Force considers appro-
priate to improve the effectiveness of the 
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covered Armed Forces in responding to 
and preventing domestic violence. 
(12) TERMINATION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Task Force shall termi-
nate on the date that is 5 years after the date 
of the first meeting of the Task Force. 
(B) CONTINUATION.— 
(i) IN
GENERAL.—Subject to clause 
(ii), the Secretary of Defense may continue 
the Task Force for a period of up to 2 
years after the termination date applicable 
under subparagraph (A) if the Secretary 
determines that continuation of the Task 
Force is advisable and appropriate. 
(ii) NOTICE
TO
CONGRESS.—If the 
Secretary determines to continue the Task 
Force under clause (i), not later than 90 
days before the termination date applicable 
under subparagraph (A) and annually 
thereafter until the new date of the termi-
nation of the Task Force, the Secretary 
shall submit to the Committees on Armed 
Services of the Senate and the House of 
Representatives a notice describing the 
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reasons for the continuation and con-
firming the new termination date. 
(13) 
IMPLEMENTATION
OF
RECOMMENDA-
TIONS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), not later than 180 days 
after the date on which the Secretary of De-
fense receives the initial report of the Task 
Force under paragraph (11)(A)(i), the Sec-
retary shall, in consultation with the Task 
Force, implement the recommendations of the 
Task Force with respect to each matter de-
scribed in paragraph (2). 
(B) WAIVER.—The Secretary of Defense 
may waive the requirement under subparagraph 
(A) with respect to a recommendation of the 
Task force by submitting to the Committees on 
Armed Services of the Senate and the House of 
Representatives a written notification setting 
forth the reasons for the Secretary’s decision 
not to implement the recommendation. 
(b) INFORMATION COLLECTION AND REPORTING.— 
(1) INFORMATION COLLECTION.— 
(A) 
REGULAR
INFORMATION
COLLEC-
TION.—Using the mechanism developed under 
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subparagraph (B), the Secretary of Defense 
shall regularly collect information to measure 
the prevalence of domestic violence involving 
members of the covered Armed Forces, their in-
timate partners, and immediate family mem-
bers. 
(B) MECHANISM TO MEASURE DOMESTIC 
VIOLENCE.—The Secretary of Defense, in co-
ordination with the Centers for Disease Control 
and civilian organizations with expertise in con-
ducting informational surveys, shall develop a 
mechanism to carry out the information collec-
tion required under subparagraph (A). 
(2) ANNUAL
REPORT
ON
DOMESTIC
VIO-
LENCE.— 
(A) REPORT
REQUIRED.—On an annual 
basis, the Secretary of Defense shall submit to 
the congressional defense committees a report 
on domestic violence in the covered Armed 
Forces. 
(B) 
ELEMENTS.—The 
report 
required 
under subparagraph (A) shall include, with re-
spect to the year covered by the report, the fol-
lowing: 
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(i) Based on the information collected 
under paragraph (1), an assessment of the 
prevalence of domestic violence involving 
members of the covered Armed Forces, 
their intimate partners, and immediate 
family members. 
(ii) The number of convictions under 
section 928b of title 10, United States 
Code (article 128b of the Uniform Code of 
Military Justice). 
(iii) The recidivism rate for members 
of the covered Armed Forces convicted of 
domestic violence offenses. 
(iv) The number instances in which a 
member of the covered Armed Forces re-
ceived an administrative discharge as a re-
sult of the member’s involvement in a do-
mestic violence incident. 
(v) The number of instances in which 
a member of the covered Armed Forces 
was prohibited from possessing firearms as 
a result of the member’s conviction for a 
domestic violence offense. 
(vi) Of the incidents described in 
clause (v), the number of instances in 
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which the member received a waiver of 
such prohibition or was otherwise allowed 
to access firearms for duty purposes. 
(vii) An explanation of the status of 
data sharing between the Department of 
Defense and civilian law enforcement agen-
cies on matters relating to domestic vio-
lence. 
(c) COVERED ARMED FORCES DEFINED.—In this 
section, the term ‘‘covered Armed Forces’’ means the 
Army, the Navy, the Air Force, and the Marine Corps. 
SEC. 539. ACTIONS TO ADDRESS MILITARY-CONNECTED 
CHILD ABUSE. 
(a) IN GENERAL.—Consistent with the recommenda-
tions of the Government Accountability Office in the re-
port titled ‘‘Increased Guidance and Collaboration Needed 
to Improve DOD’s Tracking and Response to Child 
Abuse’’ (GAO–20–110), the Secretary of Defense shall 
carry out activities to improve the ability of the Depart-
ment of Defense to effectively prevent, track, and respond 
to military-connected child abuse. 
(b) ACTIVITIES REQUIRED.—The activities carried 
out under subsection (a) shall include the following: 
(1) The Secretary of Defense shall expand the 
scope of the Department of Defense’s centralized 
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database on problematic sexual behavior in children 
and youth to track information on all incidents in-
volving child abuse reported to a Family Advocacy 
Program or investigated by a military law enforce-
ment organization, regardless of whether the perpe-
trator of the abuse is another child, an adult, or a 
person in a noncaregiving role at the time of the in-
cident. 
(2) The Secretary of Defense, in consultation 
with the Secretary of each military department, shall 
ensure— 
(A) that each Family Advocacy Program 
records, in a database of the Program, the date 
on which the Program notified a military law 
enforcement organization of a reported incident 
of child abuse; and 
(B) that each military law enforcement or-
ganization records, in a database of the organi-
zation, the date on which the organization noti-
fied a Family Advocacy Program of a reported 
incident of child abuse. 
(3) The Secretary of Defense, in consultation 
with the Secretary of each military department, shall 
issue guidance that clarifies the process through 
which the Family Advocacy Program of a covered 
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Armed Force will receive, and incorporate into the 
Program’s central registry, information regarding 
child abuse allegations involving members of that a 
covered Armed Force and dependents of such mem-
bers in cases in which such allegations were pre-
viously recorded by the Family Advocacy Program of 
another covered Armed Force. Such guidance shall 
include a mechanism for monitoring the process to 
ensure that the process is carried out consistently. 
(4) Each covered Armed Force shall develop a 
process to monitor how reported incidents of child 
abuse are screened at military installations to help 
ensure that all reported child abuse incidents that 
should be presented to an Incident Determination 
Committee are consistently presented and tracked. 
(5) The Secretary of Defense shall ensure that 
the Under Secretary of Defense for Personnel and 
Readiness, in consultation with the Director of the 
Department of Defense Education Activity, clarifies 
Department of Defense Education Activity guidance 
to define what types of child abuse incidents must 
be reported as serious incidents to help ensure that 
all serious incidents of which Department of Defense 
Education Activity leadership needs to be informed 
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are accurately and consistently reported by school 
administrators. 
(6) The Secretary of Defense, in consultation 
with the Secretaries of the military departments, 
shall— 
(A) expand the voting membership of each 
Incident Determination Committee to include 
medical personnel with requisite knowledge and 
experience; and 
(B) ensure, to the extent practicable, that 
voting membership of a Committee includes 
medical personnel with expertise in pediatric 
medicine in cases in which a reported incident 
of child abuse is under review by the Com-
mittee. 
(7) Each covered Armed Force shall implement 
procedures to provide the families of child abuse vic-
tims with comprehensive information on how re-
ported incidents of child abuse will be addressed. 
Such practices may include the development of a 
guide that— 
(A) explains the processes the Family Ad-
vocacy Program and military law enforcement 
organizations will follow to address the report; 
and 
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(B) identifies services and other resources 
available to victims and their families. 
(8) The Secretary of Defense, in consultation 
with the Secretaries of the military departments, 
shall issue guidance to clarify the circumstances 
under which military commanders may exercise the 
authority to remove a child from a potentially unsafe 
home on a military installation outside the United 
States. 
(9) The Secretary of Defense shall ensure that 
the Under Secretary of Defense for Personnel and 
Readiness, in consultation with the Director of the 
Defense Health Agency, establishes processes that 
help ensure children who are sexually abused outside 
the United States have timely access to a certified 
pediatric sexual assault forensic examiner to conduct 
an examination. Such processes may include certi-
fying pediatricians, or adult sexual assault forensic 
examiners who have pediatric sexual assault nurse 
examiner training in a multidisciplinary team set-
ting, as pediatric examiners during mandatory train-
ing or establishing shared regional assets. 
(10) The Secretary of Defense, in consultation 
with the Deputy Attorney General, shall establish 
procedures for military criminal investigative organi-
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zations to communicate with United States Attor-
neys, State Attorneys General, and local prosecutors 
for relevant cases involving child victims, including 
establishing protocols that— 
(A) ensure that military investigators are 
notified when a prosecution is declined; 
(B) provide notice to victims of the status 
of prosecutions and, as applicable, the reasons 
for the declination to prosecute; 
(C) arrange for specialized victim services 
outside of the Department of Defense to be pro-
vided to juvenile victims to the extent possible; 
(D) facilitate legal assistance or other civil 
legal aid services to juvenile victims; and 
(E) ensure that juveniles accused of crimes 
are, to the extent possible, provided defense 
counsel who are trained in representing juve-
niles. 
(11) The Secretary of each military department 
shall seek to develop a memorandum of under-
standing with the National Children’s Alliance that 
makes children’s advocacy center services and proto-
cols available to all military installations of the de-
partment and increases awareness of those services 
across the department. 
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(c) DEADLINE.—The Secretary of Defense shall 
carry out the activities described in subsection (b) not 
later than 1 year after the date of the enactment of this 
Act. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘child abuse’’ means any abuse of 
a child (including physical abuse, sexual abuse, emo-
tional abuse, and neglect) regardless of whether the 
perpetrator of the abuse is another child, an adult, 
or a person in a noncaregiving role. 
(2) The term ‘‘covered Armed Forces’’ means 
the Army, Navy, Air Force, Marine Corps, and 
Space Force. 
(3) The term ‘‘Incident Determination Com-
mittee’’ means a committee established at a military 
installation that is responsible for reviewing reported 
incidents of child abuse and determining whether 
such incidents constitute child abuse according to 
the applicable criteria of the Department of Defense. 
(4) The term ‘‘military-connected’’, when used 
with respect to child abuse, means child abuse occur-
ring on a military installation or involving a depend-
ent of a member of the covered Armed Forces. 
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SEC. 540. MULTIDISCIPLINARY BOARD TO EVALUATE SUI-
CIDE EVENTS. 
(a) GUIDANCE REQUIRED.—The Secretary of De-
fense shall issue guidance that requires each suicide event 
involving of a member of a covered Armed Force to be 
reviewed by a multidisciplinary board established at the 
command or installation level. Such guidance shall require 
that, for each suicide event reviewed by such a board, the 
board will— 
(1) clearly define the objective, purpose, and 
outcome of the review; 
(2) take a multidisciplinary appraoch to the re-
view and include, as part of the review process, lead-
ers of military units, medical and mental health pro-
fessionals, and representatives of military criminal 
investigative organizations; 
(3) obtain the data necessary to make a com-
prehensive Department of Defense suicide event re-
port submission; and 
(4) take appropriate steps to protect and share 
information obtained from ongoing investigations 
into the event (such as medical and law enforcement 
reports). 
(b) 
IMPLEMENTATION
BY
COVERED
ARMED 
FORCES.—Not later than 90 days after the date on which 
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the guidance is issued under subsection (a), the chiefs of 
the covered Armed Forces shall implement the guidance. 
(c) PROGRESS REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the congressional defense com-
mittees a report on the progress of the Secretary in imple-
menting the guidance required under subsection (a). 
(d) COVERED ARMED FORCES DEFINED.—In this 
section, the term ‘‘covered Armed Forces’’ means the 
Army, Navy, Air Force, Marine Corps, and Space Force. 
SEC. 
540A. 
TO 
RESOLVE 
CONTROVERSIES 
UNDER 
SERVICEMEMBERS CIVIL RELIEF ACT. 
(a) 
IN
GENERAL.—Section 
102 
of 
the 
Servicemembers Civil Relief Act (50 U.S.C. 3912) is 
amended by adding at the end the following new sub-
section: 
‘‘(d) WRITTEN CONSENT REQUIRED FOR ARBITRA-
TION.—Notwithstanding any other provision of law, when-
ever a contract with a servicemember, or a servicemember 
and the servicemember’s spouse jointly, provides for the 
use of arbitration to resolve a controversy subject to a pro-
vision of this Act and arising out of or relating to such 
contract, arbitration may be used to settle such con-
troversy only if, after such controversy arises, all parties 
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to such controversy consent in writing to use arbitration 
to settle such controversy.’’. 
(b) APPLICABILITY.—Subsection (d) of such section, 
as added by subsection (a), shall apply with respect to con-
tracts entered into, amended, altered, modified, renewed, 
or extended after the date of the enactment of this Act. 
SEC. 540B. LIMITATION ON WAIVER OF RIGHTS AND PRO-
TECTIONS UNDER SERVICEMEMBERS CIVIL 
RELIEF ACT. 
(a) 
IN
GENERAL.—Section 
107(a) 
of 
the 
Servicemembers Civil Relief Act (50 U.S.C. 3918(a)) is 
amended— 
(1) in the second sentence, by inserting ‘‘and if 
it is made after a specific dispute has arisen and the 
dispute is identified in the waiver’’ after ‘‘to which 
it applies’’; and 
(2) in the third sentence, by inserting ‘‘and if 
it is made after a specific dispute has arisen and the 
dispute is identified in the waiver’’ after ‘‘period of 
military service’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall apply with respect to waivers made on 
or after the date of the enactment of this Act. 
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SEC. 540C. CLARIFICATION OF PRIVATE RIGHT OF ACTION 
UNDER 
SERVICEMEMBERS 
CIVIL 
RELIEF 
ACT. 
Section 802(a) of the Servicemembers Civil Relief Act 
(50 U.S.C. 4042(a)) is amended— 
(1) in the matter preceding paragraph (1), by 
inserting ‘‘, notwithstanding any previous agreement 
to the contrary,’’ after ‘‘may’’; and 
(2) in paragraph (3), by striking ‘‘, notwith-
standing any previous agreement to the contrary’’. 
SEC. 540D. REQUIREMENT OF CERTAIN CERTIFICATION BE-
FORE DEPORTATION OF A SPOUSE OF A MEM-
BER OF THE ARMED FORCES. 
(a) IN GENERAL.—A spouse of a member of the 
Armed Forces may not be removed from the United States 
until the Secretary concerned certifies to the congressional 
defense committees that— 
(1) the Secretary concerned has determined 
that such removal shall not negatively affect the mo-
rale, welfare, or well-being of that member; 
(2) the Secretary concerned has reviewed all in-
formation, including extenuating circumstances, re-
lating to such removal; and 
(3) the Secretary concerned has assisted the 
member and spouse to the greatest extent prac-
ticable. 
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(b) SECRETARY CONCERNED DEFINED.—In this sec-
tion, the term ‘‘Secretary concerned’’ has the meaning 
given that term in section 101 of title 10, United States 
Code. 
SEC. 540E. CLARIFICATION OF TERMINATION OF LEASES 
OF PREMISES AND MOTOR VEHICLES OF 
SERVICEMEMBERS 
WHO 
INCUR 
CATA-
STROPHIC 
INJURY 
OR 
ILLNESS 
OR 
DIE 
WHILE IN MILITARY SERVICE. 
(a) CATASTROPHIC INJURIES
AND ILLNESSES.— 
Paragraph (4) of section 305(a) of the Servicemembers 
Civil Relief Act (50 U.S.C. 3955(a)), as added by section 
545 of the National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116–92), is amended to read as 
follows: 
‘‘(4) CATASTROPHIC
INJURY
OR
ILLNESS
OF 
LESSEE.— 
‘‘(A) TERMINATION.—If the lessee on a 
lease described in subsection (b) incurs a cata-
strophic injury or illness during a period of 
military service or while performing covered 
service, during the one-year period beginning on 
the date on which the lessee incurs such injury 
or illness— 
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‘‘(i) the lessee may terminate the 
lease; or 
‘‘(ii) in the case of a lessee who lacks 
the mental capacity to contract or to man-
age his or her own affairs (including dis-
bursement of funds without limitation) due 
to such injury or illness, the spouse or de-
pendent of the lessee may terminate the 
lease. 
‘‘(B) DEFINITIONS.—In this paragraph: 
‘‘(i) The term ‘catastrophic injury or 
illness’ has the meaning given that term in 
section 439(g) of title 37, United States 
Code. 
‘‘(ii) The term ‘covered service’ means 
full-time National Guard duty, active 
Guard and Reserve duty, or inactive-duty 
training (as such terms are defined in sec-
tion 101(d) of title 10, United States 
Code).’’. 
(b) DEATHS.—Paragraph (3) of such section is 
amended by striking ‘‘The spouse of the lessee’’ and in-
serting ‘‘The spouse or dependent of the lessee’’. 
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SEC. 540F. AVAILABILITY OF RECORDS FOR NATIONAL IN-
STANT CRIMINAL BACKGROUND CHECK SYS-
TEM. 
Section 101(b) of the NICS Improvement Amend-
ments Act of 2007 (34 U.S.C. 40911(b)) is amended— 
(1) by redesignating paragraph (2) as para-
graph (3); and 
(2) by inserting after paragraph (1), the fol-
lowing new paragraph (2): 
‘‘(2) DEPARTMENT
OF
DEFENSE.—Not later 
than 3 business days after the final disposition of a 
judicial proceeding conducted within the Department 
of Defense, the Secretary of Defense shall make 
available to the Attorney General records which are 
relevant to a determination of whether a member of 
the Armed Forces involved in such proceeding is dis-
qualified from possessing or receiving a firearm 
under subsection (g) or (n) of section 922 of title 
18, United States Code, for use in background 
checks performed by the National Instant Criminal 
Background Check System.’’. 
SEC. 540G. PROHIBITION ON CERTAIN COMMUNICATIONS 
REGARDING COURTS-MARTIAL. 
Section 825 of title 10, United States Code (article 
25 of the Uniform Code of Military Justice) is amended 
by adding at the end the following new subsection: 
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‘‘(g) No individual may provide a briefing concerning 
a potential or pending court-martial to a member of the 
armed forces who may be selected to serve on the court- 
martial.’’. 
SEC. 540H. TERMINATION OF CONTRACTS FOR TELEPHONE, 
MULTICHANNEL VIDEO PROGRAMMING, OR 
INTERNET ACCESS SERVICE BY CERTAIN IN-
DIVIDUALS UNDER SERVICEMEMBERS CIVIL 
RELIEF ACT. 
Section 305A(a) of the Servicemembers Civil Relief 
Act (50 U.S.C. 3956(a)) is amended by adding at the end 
the following new paragraph: 
‘‘(4) ADDITIONAL INDIVIDUALS COVERED.—For 
purposes of this section, the following individuals 
shall be treated as a servicemember covered by para-
graph (1): 
‘‘(A) A spouse or dependent of a service-
member who dies while in military service or a 
spouse or dependent of a member of the reserve 
components who dies while performing duty de-
scribed in subparagraph (C). 
‘‘(B) A spouse or dependent of a service-
member who incurs a catastrophic injury or ill-
ness (as that term is defined in section 439(g) 
of title 37, United States Code), if the service-
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member incurs the catastrophic injury or illness 
while performing duty described in subpara-
graph (C). 
‘‘(C) A member of the reserve components 
performing military service or performing full- 
time National Guard duty, active Guard and 
Reserve duty, or inactive-duty training (as such 
terms are defined in section 101(d) of title 10, 
United States Code).’’. 
SEC. 540I. REPORT ON DRUG DEMAND REDUCTION PRO-
GRAM MODERNIZATION. 
(a) IN GENERAL.—Not later than 180 days after the 
enactment of this Act, the Secretary of Defense shall de-
liver a report to the Committees on Armed Services of the 
Senate and House of Representatives regarding the effi-
cacy of using point of collection testing (in this section 
referred to as ‘‘POCT’’) devices to modernize the drug de-
mand reduction program (in this section referred to as 
‘‘DDRP’’) random urinalysis testing. 
(b) EVALUATION CRITERIA.—The report shall in-
clude the following: 
(1) The extent to which use of POCT devices 
streamline current urinalysis testing processes and 
communications, while maintaining specimen chain 
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of custody for use in associated administrative and 
military justice activities if needed. 
(2) An assessment of the effectiveness of the 
POCT devices for DDRP random urinalysis testing 
while ensuring specimen chain of custody. 
(3) A 10-year projection and assessment of the 
cost savings associated with the use of POCT de-
vices in the DDRP random urinalysis testing. 
(4) The methodology for calculating the 10-year 
cost projection. 
(5) An assessment of any other suggested 
changes to modernize the DDRP program. 
(6) A summary of any programmatic or 
logistical barriers to effectively carrying out the use 
of POCT devices in the DDRP testing. 
SEC. 540J. QUALIFICATIONS OF JUDGES AND STANDARD OF 
REVIEW FOR COURTS OF CRIMINAL APPEALS. 
(a) QUALIFICATIONS OF CERTAIN JUDGES.—Section 
866(a) of title 10, United States Code (article 66(a) of 
the Uniform Code of Military Justice), is amended— 
(1) by striking ‘‘Each Judge’’ and inserting: 
‘‘(1) IN GENERAL.—Each Judge’’; and 
(2) by adding at the end the following new 
paragraph: 
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‘‘(2) ADDITIONAL
QUALIFICATIONS.—In addi-
tion to any other qualifications specified in para-
graph (1), any commissioned officer or civilian as-
signed as an appellate military judge to a Court of 
Criminal Appeals shall have not fewer than 12 years 
of experience in the practice of law before such as-
signment.’’. 
(b) STANDARD OF REVIEW.—Paragraph (1) of sec-
tion 866(d) of title 10, United States Code (article 66(d) 
of the Uniform Code of Military Justice), is amended to 
read as follows: 
‘‘(1) CASES APPEALED BY ACCUSED.— 
‘‘(A) IN GENERAL.—In any case before the 
Court of Criminal Appeals under subsection (b), 
the Court may act only with respect to the find-
ings and sentence as entered into the record 
under section 860c of this title (article 60c). 
The Court may affirm only such findings of 
guilty, and the sentence or such part or amount 
of the sentence, as the Court finds correct in 
law, and in fact in accordance with subpara-
graph (B), and determines, on the basis of the 
entire record, should be approved. 
‘‘(B) FACTUAL SUFFICIENCY REVIEW.— 
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‘‘(i) In an appeal of a finding of guilty 
or sentence under paragraph (1)(A), 
(1)(B), or (2) of subsection (b), the Court 
may consider whether the finding is correct 
in fact upon request of the accused if the 
accused makes a specific showing of a defi-
ciency in proof. 
‘‘(ii) After an accused has made such 
a showing, the Court may weigh the evi-
dence and determine controverted ques-
tions of fact subject to— 
‘‘(I) appropriate deference to the 
fact that the trial court saw and 
heard the witnesses and other evi-
dence; and 
‘‘(II) appropriate deference to 
findings of fact entered into the 
record by the military judge. 
‘‘(iii) If, as a result of the review con-
ducted under clause (ii), the Court is clear-
ly convinced that the finding of guilty or 
sentence was against the weight of the evi-
dence, the Court may dismiss or set aside 
the finding, or affirm a lesser finding. 
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‘‘(C) REVIEW BY FULL COURT.—Any de-
termination by the Court that a finding was 
clearly against the weight of the evidence under 
subparagraph (B) shall be reviewed by the 
Court sitting as a whole.’’. 
(c) INCLUSION OF ADDITIONAL INFORMATION IN AN-
NUAL REPORTS.—Section 946a(b)(2) of title 10, United 
States Code (article 146a(b)(2) of the Uniform Code of 
Military Justice), is amended— 
(1) in subparagraph (B), by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (C), by striking the period 
at the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(D) An analysis of each case in which a 
Court of Criminal Appeals made a final deter-
mination that a finding of a court-martial was 
clearly against the weight of the evidence, in-
cluding an explanation of the standard of appel-
late review applied in such case.’’. 
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SEC. 540K. RIGHT TO NOTICE OF VICTIMS OF OFFENSES 
UNDER THE UNIFORM CODE OF MILITARY 
JUSTICE REGARDING CERTAIN POST-TRIAL 
MOTIONS, FILINGS, AND HEARINGS. 
Section 806b(a)(2) of title 10, United States Code 
(article 6b(a)(2)) of the Uniform Code of Military Jus-
tice), is amended— 
(1) by redesignating subparagraphs (D) and 
(E) as subparagraphs (E) and (F), respectively; and 
(2) by inserting after subparagraph (C) the fol-
lowing new subparagraph (D): 
‘‘(D) A post-trial motion, filing, or hearing 
that may address the finding or sentence of a 
court-martial with respect to the accused, 
unseal privileged or private information of the 
victim, or result in the release of the accused.’’. 
Subtitle E—Sexual Assault 
SEC. 541. PROTECTION OF ATTORNEY-CLIENT PRIVILEGE 
BETWEEN VICTIMS AND SPECIAL VICTIMS’ 
COUNSEL. 
(a) SPECIAL VICTIMS’ COUNSEL.—Subsection (c) of 
section 1044e of title 10, United States Code, is amended 
to read as follows: 
‘‘(c) NATURE OF RELATIONSHIP.— 
‘‘(1) ATTORNEY-CLIENT
RELATIONSHIP.—The 
relationship between a Special Victims’ Counsel and 
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a victim in the provision of legal advice and assist-
ance shall be the relationship between an attorney 
and client. 
‘‘(2) TESTIMONY
IN
LEGAL
PROCEEDINGS.— 
During any criminal legal proceeding in which a 
Special Victims’ Counsel is asked to testify or give 
evidence, the Special Victims’ Counsel shall be given 
the same consideration as counsel for the Govern-
ment and counsel for the accused.’’. 
(b) REVISION TO MILITARY RULES OF EVIDENCE.— 
Not later than 180 days after the date of the enactment 
of this Act, Rule 502 of the Military Rules of Evidence 
shall be modified to provide that the privilege between a 
Special Victims’ Counsel and a client shall be the same 
as lawyer-client privilege. 
SEC. 542. AUTHORITY OF MILITARY JUDGES AND MILITARY 
MAGISTRATES TO ISSUE MILITARY COURT 
PROTECTIVE ORDERS. 
(a) JUDGE-ISSUED MILITARY COURT PROTECTIVE 
ORDERS.—Chapter 80 of title 10, United Stated Code, is 
amended by adding at the end the following new section: 
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‘‘§ 1567b. Authority of military judges and military 
magistrates to issue military court pro-
tective orders 
‘‘(a) AUTHORITY TO ISSUE MILITARY COURT PRO-
TECTIVE ORDERS.—The President shall prescribe regula-
tions authorizing military judges and military magistrates 
to issue protective orders in accordance with this section. 
A protective order issued in accordance with this section 
shall be known as a ‘military court protective order’. 
Under the regulations prescribed by the President, mili-
tary judges and military magistrates shall have exclusive 
jurisdiction over the issuance, appeal, renewal, and termi-
nation of military court protective orders and such orders 
may not be issued, appealed, renewed, or terminated by 
State, local, territorial, or tribal courts. 
‘‘(b) ENFORCEMENT BY CIVILIAN AUTHORITIES.— 
‘‘(1) IN GENERAL.—In prescribing regulations 
for military court protective orders, the President 
shall seek to ensure that the protective orders are 
issued in a form and manner that is enforceable by 
State, local, territorial, and tribal civilian law en-
forcement authorities. 
‘‘(2) FULL FAITH AND CREDIT.—Any military 
court protective order, should be accorded full faith 
and credit by the court of a State, local, territorial, 
or tribal jurisdiction (the enforcing jurisdiction) and 
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enforced by the court and law enforcement personnel 
of that jurisdiction as if it were the order of the en-
forcing jurisdiction. 
‘‘(3) RECIPROCITY
AGREEMENTS.—Consistent 
with paragraphs (1) and (2), the Secretary of De-
fense shall seek to enter into reciprocity agreements 
with State, local, territorial, and tribal civilian law 
enforcement authorities under which— 
‘‘(A) such authorities agree to enforce mili-
tary court protective orders; and 
‘‘(B) the Secretary agrees to enforce pro-
tective orders issued by such authorities that 
are consistent with section 2265(b) of title 18. 
‘‘(c) PURPOSE AND FORM OF ISSUANCE.—A military 
court protective order may be issued for the purpose of 
protecting a victim of an alleged sex or domestic violence 
offense, or a family member or associate of the victim, 
from a person subject to chapter 47 of this title (the Uni-
form Code of Military Justice) who is alleged to have com-
mitted such an offense. 
‘‘(d) TIMING AND MANNER OF ISSUANCE.—A mili-
tary court protective order may be issued— 
‘‘(1) by a military magistrate, before referral of 
charges and specifications to court-martial for trial, 
at the request of— 
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‘‘(A) a victim of an alleged sex or domestic 
violence offense; or 
‘‘(B) a Special Victims’ Counsel or other 
qualified counsel acting on behalf of the victim; 
or 
‘‘(2) by a military judge, after referral of 
charges and specifications to court-martial for trial, 
at the request of qualified counsel, which may in-
clude a Special Victims’ Counsel acting on behalf of 
the victim or trial counsel acting on behalf of the 
prosecution. 
‘‘(e) DURATION
AND RENEWAL
OF PROTECTIVE 
ORDER.— 
‘‘(1) DURATION.—A military court protective 
order shall be issued for an initial period of thirty 
days and may be reissued for one or more additional 
periods of 30 days in accordance with paragraph (2). 
‘‘(2) EXPIRATION AND RENEWAL.—Before the 
expiration of any 30-day period during which a mili-
tary court protective order is in effect, a military 
judge or military magistrate shall review the order 
to determine whether the order will terminate at the 
expiration of such period or be reissued for an addi-
tional period of 30 days. 
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‘‘(3) NOTICE TO PROTECTED PERSONS.—If a 
military judge or military magistrate determines 
under paragraph (2) that a military court protective 
order will terminate, the judge or magistrate con-
cerned shall provide to each person protected by the 
order reasonable, timely, and accurate notification of 
the termination. 
‘‘(f) REVIEW OF MAGISTRATE-ISSUED ORDERS.— 
‘‘(1) REVIEW.—A military judge, at the request 
of the person subject to a military court protective 
order that was issued by a military magistrate, may 
review the order to determine if the order was prop-
erly issued by the magistrate. 
‘‘(2) STANDARDS
OF
REVIEW.—A military 
judge who reviews an order under paragraph (1) 
shall terminate the order if the judge determines 
that— 
‘‘(A) the military magistrate’s decision to 
issue the order was an abuse of discretion, and 
there is not sufficient information presented to 
the military judge to justify the order; or 
‘‘(B) information not presented to the mili-
tary magistrate establishes that the military 
court protective order should be terminated. 
‘‘(g) DUE PROCESS.— 
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‘‘(1) PROTECTION OF DUE PROCESS.—Except 
as provided in paragraph (2), a protective order au-
thorized under subsection (a) may be issued only 
after reasonable notice and opportunity to be heard, 
directly or through counsel, is given to the person 
against whom the order is sought sufficient to pro-
tect that person’s right to due process. 
‘‘(2) EMERGENCY ORDERS.—A protective order 
on an emergency basis may be issued on an ex parte 
basis under such rules and limitations as the Presi-
dent shall prescribe. In the case of ex parte orders, 
notice and opportunity to be heard must be provided 
within a reasonable time after the order is issued, 
sufficient to protect the respondent’s due process 
rights. 
‘‘(h) RIGHTS OF VICTIM.—The victim of an alleged 
sex or domestic violence offense who seeks a military court 
protective order has, in addition to any rights provided 
under section 806b (article 6b), the following rights with 
respect to any proceeding involving the protective order: 
‘‘(1) The right to reasonable, accurate, and 
timely notice of the proceeding and of any change in 
the status of the protective order resulting from the 
proceeding. 
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‘‘(2) The right to be reasonably heard at the 
proceeding. 
‘‘(3) The right to appear in person, with or 
without counsel, at the proceeding. 
‘‘(4) The right be represented by qualified 
counsel in connection with the proceeding, which 
may include a Special Victims’ Counsel. 
‘‘(5) The reasonable right to confer with a rep-
resentative of the command of the accused and 
counsel representing the government at the pro-
ceeding, as applicable. 
‘‘(6) The right to submit a written statement, 
directly or through counsel, for consideration by the 
military judge or military magistrate presiding over 
the proceeding. 
‘‘(i) RESTRICTIONS ON ACCESS TO FIREARMS.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of law— 
‘‘(A) a military court protective order 
issued on an ex parte basis shall restrain a per-
son from possessing, receiving, or otherwise ac-
cessing a firearm; and 
‘‘(B) a military court protective order 
issued after the person to be subject to the 
order has received notice and opportunity to be 
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heard on the order, shall restrain such person 
from possessing, receiving, or otherwise access-
ing a firearm in accordance with section 922 of 
title 18. 
‘‘(2) NOTICE
TO
ATTORNEY
GENERAL.—Not 
later than 72 hours after the issuance of an order 
described in paragraph (1), the Secretary of Defense 
shall submit to the Attorney General a record of the 
order. 
‘‘(j) TREATMENT AS LAWFUL ORDER.—A military 
court protective order shall be treated as a lawful order 
for purposes of the application of section 892 (article 92) 
and a violation of such an order shall be punishable under 
such section (article). 
‘‘(k) COMMAND MATTERS.— 
‘‘(1) INCLUSION
IN
PERSONNEL
FILE.—Any 
military court protective order against a member 
shall be placed and retained in the military per-
sonnel file of the member. 
‘‘(2) NOTICE TO CIVILIAN LAW ENFORCEMENT 
OF ISSUANCE.—Any military court protective order 
against a member shall be treated as a military pro-
tective order for purposes of section 1567a including 
for purposes of mandatory notification of issuance to 
civilian law enforcement as required by that section. 
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‘‘(l) RELATIONSHIP
TO
OTHER
AUTHORITIES.— 
Nothing in this section may be construed as prohibiting— 
‘‘(1) a commanding officer from issuing or en-
forcing any otherwise lawful order in the nature of 
a protective order to or against members of the offi-
cer’s command; 
‘‘(2) pretrial restraint in accordance with Rule 
for Courts-Martial 304 (as set forth in the Manual 
for Courts-Martial, 2019 edition, or any successor 
rule); or 
‘‘(3) pretrial confinement in accordance with 
Rule for Courts-Martial 305 (as set forth in the 
Manual for Courts-Martial, 2019 edition, or any suc-
cessor rule). 
‘‘(m) DELIVERY TO CERTAIN PERSONS.—A physical 
and electronic copy of any military court protective order 
shall be provided, as soon as practicable after issuance, 
to the following: 
‘‘(1) The person or persons protected by the 
protective order or to the guardian of such a person 
if such person is under the age of 18 years. 
‘‘(2) The person subject to the protective order. 
‘‘(3) To such commanding officer in the chain 
of command of the person subject to the protective 
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order as the President shall prescribe for purposes 
of this section. 
‘‘(n) DEFINITIONS.—In this section: 
‘‘(1) CONTACT.—The term ‘contact’ includes 
contact in person or through a third party, or 
through gifts. 
‘‘(2) COMMUNICATION.—The term ‘communica-
tion’ includes communication in person or through a 
third party, and by telephone or in writing by letter, 
data fax, or other electronic means. 
‘‘(3) COVERED
SEX
OR
DOMESTIC
VIOLENCE 
OFFENSE.—The term ‘covered sex or domestic vio-
lence offense’ means— 
‘‘(A) an alleged sex-related offense (as de-
fined in section 1044e(h)); or 
‘‘(B) an alleged offense of domestic vio-
lence under section 928b of this title (article 
128b of the Uniform Code of Military Justice) 
or an attempt to commit such an offense that 
is punishable under section 880 of this title (ar-
ticle 80 of the Uniform Code of Military Jus-
tice). 
‘‘(4) MILITARY
JUDGE
AND
MILITARY
MAG-
ISTRATE.—The terms ‘military judge’ and ‘military 
magistrate’ mean a commissioned officer of the 
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armed forces who is a member of the bar of a Fed-
eral court or a member of the bar of the highest 
court of a State and who is certified to be qualified, 
by reason of education, training, experience, and ju-
dicial temperament, for duty as a military judge or 
magistrate by the Judge Advocate General of the 
armed force of which the officer is a member. 
‘‘(5) PROTECTIVE ORDER.—The term ‘protec-
tive order’ means an order that— 
‘‘(A) restrains a person from harassing, 
stalking, threatening, or otherwise contacting or 
communicating with a victim of an alleged sex 
or domestic violence offense, or a family mem-
ber or associate of the victim, or engaging in 
other conduct that would place such other per-
son in reasonable fear of bodily injury to any 
such other person; 
‘‘(B) by its terms, explicitly prohibits— 
‘‘(i) the use, attempted use, or threat-
ened use of physical force by the person 
against a victim of an alleged sex or do-
mestic violence offense, or a family mem-
ber or associate of the victim, that would 
reasonably be expected to cause bodily in-
jury; 
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‘‘(ii) the initiation by the person re-
strained of any contact or communication 
with such other person; or 
‘‘(iii) actions described by both clauses 
(i) and (ii). 
‘‘(6) SPECIAL
VICTIMS’ COUNSEL.—The term 
‘Special Victims Counsel’ means a Special Victims’ 
Counsel described in section 1044e and includes a 
Victims’ Legal Counsel of the Navy.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by adding 
at the end the following new item: 
‘‘1567b. Authority of military judges and military magistrates to issue military 
court protective orders.’’. 
(c) IMPLEMENTATION.—The President shall pre-
scribe regulations implementing section 1567b of title 10, 
United States Code, not later than 1 year after the date 
of the enactment of this Act. 
SEC. 543. ADDITIONAL BASES FOR PROVISION OF ADVICE 
BY THE DEFENSE ADVISORY COMMITTEE 
FOR THE PREVENTION OF SEXUAL MIS-
CONDUCT. 
Section 550B(c)(2) of the National Defense Author-
ization Act for Fiscal Year 2020 (Public Law 116–92) is 
amended— 
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(1) by redesignating subparagraph (C) as sub-
paragraph (E); and 
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraphs: 
‘‘(C) Efforts among private employers to 
prevent sexual assault and sexual harassment 
among their employees. 
‘‘(D) Evidence-based studies on the pre-
vention of sexual assault and sexual harassment 
in the Armed Forces, institutions of higher edu-
cation, and the private sector.’’. 
SEC. 544. MODIFICATION OF REPORTING AND DATA COL-
LECTION ON VICTIMS OF SEXUAL OFFENSES. 
Section 547 of the John S. McCain National Defense 
Authorization Act for Fiscal Year 2019 (Public Law 115– 
232; 10 U.S.C. 1561 note) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) by striking ‘‘accused of’’ and in-
serting ‘‘suspected of’’; and 
(ii) by striking ‘‘assault’’ and insert-
ing ‘‘offense’’; 
(B) in paragraph (2), by striking ‘‘accused 
of’’ and inserting ‘‘suspected of’’; and 
(C) in paragraph (3)— 
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(i) by striking ‘‘assaults’’ and insert-
ing ‘‘offenses’’; and 
(ii) by striking ‘‘an accusation’’ and 
inserting ‘‘suspicion of’’; 
(2) by redesignating subsection (b) as sub-
section (c); 
(3) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(b) GUIDANCE REQUIRED.—The Secretary of De-
fense shall issue guidance to ensure the uniformity of the 
data collected by each Armed Force for purposes of sub-
section (a). At a minimum, such guidance shall estab-
lish— 
‘‘(1) standardized methods for the collection of 
the data required to be reported under such sub-
section; and 
‘‘(2) standardized definitions for the terms ‘sex-
ual offense’, ‘collateral miconduct’, and ‘adverse ac-
tion’.’’; and 
(4) by amending subsection (c), as so redesig-
nated, to read as follows: 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered individual’ means an in-
dividual who is identified in the case files of a mili-
tary criminal investigative organization as a victim 
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of a sexual offense that occurred while that indi-
vidual was serving on active duty as a member of 
the Armed Forces. 
‘‘(2) The term ‘suspected of’, when used with 
respect to a covered individual suspected of collateral 
misconduct or crimes as described in subsection (a), 
means that an investigation by a military criminal 
investigative organization reveals facts and cir-
cumstances that would lead a reasonable person to 
believe that the individual committed an offense 
under chapter 47 of title 10, United States Code 
(the Uniform Code of Military Justice).’’. 
SEC. 545. MODIFICATION OF ANNUAL REPORT REGARDING 
SEXUAL ASSAULTS INVOLVING MEMBERS OF 
THE ARMED FORCES. 
(a) SUBMISSION TO CONGRESS.—Section 1631(d) of 
the Ike Skelton National Defense Authorization Act for 
Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 1561 
note) is amended by inserting ‘‘and the Committees on 
Veterans’ Affairs of the Senate and the House of Rep-
resentatives’’ after ‘‘House of Representatives’’. 
(b) APPLICABILITY.—The amendment made by sub-
section (a) shall take effect on the date of the enactment 
of this Act and shall apply to reports required to be sub-
mitted under section 1631 of the Ike Skelton National De-
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fense Authorization Act for Fiscal Year 2011 (Public Law 
111–383; 10 U.S.C. 1561 note) on or after such date. 
SEC. 546. COORDINATION OF SUPPORT FOR SURVIVORS OF 
SEXUAL TRAUMA. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, the Secretaries of De-
fense and Veterans Affairs shall jointly develop, imple-
ment, and maintain a standard of coordinated care for 
members of the Armed Forces who are survivors of sexual 
trauma. Such standard shall include the following: 
(b) MINIMUM ELEMENTS.—The standard developed 
and implemented under subsection (a) by the Secretaries 
of Defense and Veterans Affairs shall include the fol-
lowing: 
(1) INFORMATION
FOR
MEMBERS
OF
THE 
ARMED FORCES.—The Secretary of Defense shall en-
sure that— 
(A) Sexual Assault Response Coordinators 
and Uniformed Victim Advocates receive annual 
training on resources of the Department of Vet-
erans Affairs regarding sexual trauma; 
(B) information regarding services fur-
nished by the Secretary of Veterans Affairs to 
survivors of sexual trauma is provided to each 
such survivor; and 
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(C) information described in subparagraph 
(B) is posted in the following areas in each fa-
cility of the Department of Defense: 
(i) An office of the Family Advocacy 
Program. 
(ii) An office of a mental health care 
provider. 
(iii) Each area in which sexual assault 
prevention staff normally post notices or 
information. 
(iv) High-traffic areas (including din-
ing facilities). 
(2) COORDINATION BETWEEN STAFF OF THE 
DEPARTMENTS.—The Secretaries shall ensure that a 
Sexual Assault Response Coordinator or Uniformed 
Victim Advocate of the Department of Defense who 
receives a report of an instance of sexual trauma 
connects the survivor to the Military Sexual Trauma 
Coordinator of the Department of Veterans Affairs 
at the facility of that Department nearest to the res-
idence of that survivor if that survivor is a member 
separating or retiring from the Armed Forces. 
(c) REPORTS.— 
(1) REPORT ON RESIDENTIAL TREATMENT.— 
Not later than 180 days after the date of the enact-
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ment of this Act, the Secretaries of Defense and 
Veterans Affairs shall provide a report to the appro-
priate committees of Congress regarding the avail-
ability of residential treatment programs for sur-
vivors of sexual trauma, including— 
(A) barriers to access for such programs; 
and 
(B) resources required to reduce such bar-
riers. 
(2) INITIAL REPORT.—Upon implementation of 
the standard under subsection (a), the Secretaries of 
Defense and Veterans Affairs shall jointly submit to 
the appropriate committees of Congress a report on 
the standard. 
(3) PROGRESS REPORTS.—Not later than 180 
days after submitting the initial report under para-
graph (2), and on December 1 of each subsequent 
year, the Secretaries of Defense and Veterans Af-
fairs shall jointly submit to the appropriate commit-
tees of Congress a report on the progress of the Sec-
retaries in implementing and improving the stand-
ard. 
(4) UPDATES.—Whenever the Secretaries of 
Defense and Veterans Affairs update the standard 
developed under subsection (a), the Secretaries shall 
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jointly submit to the appropriate committees of Con-
gress a report on such update, including a com-
prehensive and detailed description of such update 
and the reasons for such update. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘sexual trauma’’ means psycho-
logical trauma described in section 1720D(a)(1) of 
title 38, United States Code. 
(2) The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committees on Veterans’ Affairs of 
the House of Representatives and the Senate; 
and 
(B) the Committees on Armed Services of 
the House of Representatives and the Senate. 
SEC. 547. POLICY ON SEPARATION OF VICTIM AND AC-
CUSED AT MILITARY SERVICE ACADEMIES. 
(a) IN GENERAL.—The Secretary of Defense shall, 
in consultation with the Secretaries of the military depart-
ments and the Superintendent of each military service 
academy, prescribe in regulations a policy under which a 
cadet or midshipman of a military service academy who 
is the alleged victim of a sexual assault and a cadet or 
midshipman who is the alleged perpetrator of such assault 
shall, to the extent practicable, each be given the oppor-
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tunity to complete their course of study at the academy 
without— 
(1) taking classes together; or 
(2) otherwise being in close proximity to each 
other during mandatory activities. 
(b) ELEMENTS.—The Secretary of Defense shall en-
sure that the policy developed under subsection (a)— 
(1) protects the alleged victim as necessary, in-
cluding by prohibiting retaliatory harassment; 
(2) allows both the victim and the accused to 
complete their course of study at the institution with 
minimal disruption; 
(3) protects the privacy of both the victim and 
the accused by ensuring that information about the 
alleged sexual assault and the individuals involved is 
not revealed to third parties who are not specifically 
authorized to receive such information in the course 
of performing their regular duties, except that such 
policy shall not preclude the alleged victim or the al-
leged perpetrator from making such disclosures to 
third parties; and 
(4) minimizes the burden on the alleged victim 
when taking steps to separate the alleged victim and 
alleged perpetrator. 
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(c) SPECIAL RULE.—The policy developed under sub-
section (a) shall not preclude a military service academy 
from taking other administrative or disciplinary action 
when appropriate. 
(d) MILITARY SERVICE ACADEMY DEFINED.—In this 
section, the term ‘‘military service academy’’ means the 
following: 
(1) The United States Military Academy. 
(2) The United States Naval Academy. 
(3) The United States Air Force Academy. 
SEC. 548. SAFE-TO-REPORT POLICY APPLICABLE ACROSS 
THE ARMED FORCES. 
(a) IN GENERAL.—The Secretary of Defense shall, 
in consultation with the Secretaries of the military depart-
ments, prescribe in regulations a safe-to-report policy de-
scribed in subsection (b) that applies with respect to all 
members of the covered Armed Forces (including members 
of the reserve components of the covered Armed Forces) 
and cadets and midshipmen at the military service acad-
emies. 
(b) SAFE-TO-REPORT POLICY.—The safe-to-report 
policy described in this subsection is a policy that pre-
scribes the handling of minor collateral misconduct involv-
ing a member of the covered Armed Forces who is the 
alleged victim of sexual assault. 
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(c) AGGRAVATING CIRCUMSTANCES.—The regula-
tions under subsection (a) shall specify aggravating cir-
cumstances that increase the gravity of minor collateral 
misconduct or its impact on good order and discipline for 
purposes of the safe-to-report policy. 
(d) TRACKING OF COLLATERAL MISCONDUCT INCI-
DENTS.—In conjunction with the issuance of regulations 
under subsection (a), Secretary shall develop and imple-
ment a process to track incidents of minor collateral mis-
conduct that are subject to the safe-to-report policy. 
(e) DEFINITIONS.—In this section: 
(1) The term ‘‘covered Armed Forces’’ has the 
meaning given the term ‘‘armed forces’’ in section 
101(a)(4) of title 10, United States Code, except 
such term does not include the Coast Guard. 
(2) The term ‘‘military service academy’’ means 
the following: 
(A) The United States Military Academy. 
(B) The United States Naval Academy. 
(C) The United States Air Force Academy. 
(3) The term ‘‘minor collateral misconduct’’ 
means any minor misconduct that is potentially pun-
ishable under chapter 47 of title 10, United States 
Code (the Uniform Code of Military Justice), that— 
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(A) is committed close in time to or during 
the sexual assault, and directly related to the 
incident that formed the basis of the sexual as-
sault allegation; 
(B) is discovered as a direct result of the 
report of sexual assault or the ensuing inves-
tigation into the sexual assault; and 
(C) does not involve aggravating cir-
cumstances (as specified in the regulations pre-
scribed under subsection (c)) that increase the 
gravity of the minor misconduct or its impact 
on good order and discipline. 
SEC. 549. QUESTION IN WORKPLACE AND GENDER RELA-
TIONS SURVEYS REGARDING PROSECUTIONS 
OF SEXUAL ASSAULT. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall include in the covered surveys a question regarding 
whether a member of an Armed Force under the jurisdic-
tion of the Secretary of a military department would be 
more willing to report a sexual assault if prosecution deci-
sions were made by lawyers and not commanders. 
(b) COVERED SURVEYS DEFINED.—In this section, 
the term ‘‘covered surveys’’ means the workplace and gen-
der relations surveys and focus groups administered by the 
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Office of People Analytics of the Department of Defense, 
including— 
(1) the Workplace and Gender Relations Survey 
of Active Duty Members; 
(2) the Workplace and Gender Relations Survey 
of Reserve Component Members; 
(3) the Military Service Gender Relations Focus 
Group; and 
(4) any successor survey or focus group. 
SEC. 550. PILOT PROGRAM ON PROSECUTION OF SPECIAL 
VICTIM 
OFFENSES 
COMMITTED 
BY 
ATTENDEES OF MILITARY SERVICE ACAD-
EMIES. 
(a) PILOT PROGRAM.—Beginning not later than Jan-
uary 1, 2021, the Secretary of Defense shall carry out a 
pilot program (referred to in this Act as the ‘‘Pilot Pro-
gram’’) under which the Secretary shall establish, in ac-
cordance with this section, an independent authority to— 
(1) review each covered special victim offense; 
and 
(2) determine whether such offense shall be re-
ferred to trial by an appropriate court-martial con-
vening authority. 
(b) OFFICE OF THE CHIEF PROSECUTOR.— 
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(1) ESTABLISHMENT.—As part of the Pilot 
Program, the Secretary shall establish, within the 
Office of the Secretary of Defense, an Office of the 
Chief Prosecutor. 
(2) HEAD OF OFFICE.—The head of the Office 
shall be known as the Chief Prosecutor. The Sec-
retary shall appoint as the Chief Prosecutor a com-
missioned officer in the grade of O–7 or above 
who— 
(A) has significant experience prosecuting 
sexual assault trials by court-martial; and 
(B) is outside the chain of command of 
any cadet or midshipman described in sub-
section (f)(2). 
(3) RESPONSIBILITIES.—The Chief Prosecutor 
shall exercise the authorities described in subsection 
(c) but only with respect to covered special victim of-
fenses. 
(4) SPECIAL RULE.—Notwithstanding any other 
provision of law, the military service from which the 
Chief Prosecutor is appointed is authorized an addi-
tional billet for a general officer or a flag officer for 
each year in the 2-year period beginning with the 
year in which the appointment is made. 
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(5) TERMINATION.—The Office of the Chief 
Prosecutor shall terminate on the date on which the 
Pilot Program terminates under subsection (e). 
(c) REFERRAL TO OFFICE OF THE CHIEF PROS-
ECUTOR.— 
(1) INVESTIGATION PHASE.— 
(A) NOTICE AND INFORMATION.—A mili-
tary criminal investigative organization that re-
ceives an allegation of a covered special victim 
offense shall provide to the Chief Prosecutor 
and the commander of the military service 
academy concerned— 
(i) timely notice of such allegation; 
and 
(ii) any information and evidence ob-
tained as the result a subsequent investiga-
tion into the allegation. 
(B) TRIAL COUNSEL.—A trial counsel as-
signed to a case involving a covered special vic-
tim offense shall, during the investigative phase 
of such case, provide the Chief Prosecutor with 
the information necessary to enable the Chief 
Prosecutor to make the determination required 
under paragraph (3). 
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(2) REFERRAL TO CHIEF PROSECUTOR.—In the 
case of a charge relating to a covered special victim 
offense, in addition to referring the charge to the 
staff judge advocate under subsection (a) or (b) of 
section 834 of title 10, United States Code (article 
34 of the Uniform Code of Military Justice), the 
convening authority of the Armed Force of which 
the accused is a member shall refer, as soon as rea-
sonably practicable, the charge to the Chief Pros-
ecutor to make the determination required by para-
graph (3). 
(3) 
PROSECUTORIAL
DETERMINATION.—The 
Chief Prosecutor shall make a determination regard-
ing whether a charge relating to a covered special 
victim offense shall be referred to trial. If the Chief 
Prosecutor makes a determination that the charge 
shall be tried by court-martial, the Chief Prosecutor 
also shall determine whether the charge shall be 
tried by a general court-martial convened under sec-
tion 822 of title 10, United States Code (article 22 
of the Uniform Code of Military Justice) or a special 
court-martial convened under section 823 of such 
title (article 23 of the Uniform Code of Military Jus-
tice). The determination of whether to try a charge 
relating to a covered special victim offense by court- 
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martial shall include a determination of whether to 
try any known offenses, including any lesser in-
cluded offenses. 
(4) EFFECT OF DETERMINATION AND APPEALS 
PROCESS.— 
(A) DETERMINATION
TO
PROCEED
TO 
TRIAL.—Subject to subparagraph (C), a deter-
mination to try a charge relating to a covered 
special victim offense by court-martial under 
paragraph (3), and the determination as to the 
type of court-martial, shall be binding on any 
convening authority under chapter 47 of title 
10, United States Code (the Uniform Code of 
Military Justice) for a trial by court-martial on 
the charge. 
(B) DETERMINATION NOT TO PROCEED TO 
TRIAL.—Subject to subparagraph (C), a deter-
mination under paragraph (3) not to proceed to 
trial on a charge relating to a covered special 
victim offense by general or special court-mar-
tial shall be binding on any convening authority 
under chapter 47 of title 10, United States 
Code (the Uniform Code of Military Justice) ex-
cept that such determination shall not operate 
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to terminate or otherwise alter the authority of 
the convening authority— 
(i) to proceed to trial by court-martial 
on charges of collateral misconducted re-
lated to the special victim offense; or 
(ii) to impose non-judicial punishment 
in connection with the conduct covered by 
the charge as authorized by section 815 of 
such title (article 15 of the Uniform Code 
of Military Justice). 
(C) APPEAL.—In a case in which a con-
vening authority and the staff judge advocate 
advising such authority disagree with the deter-
mination of the Chief Prosecutor under para-
graph (3), the convening authority and staff 
judge advocate may jointly appeal the deter-
mination to the General Counsel of the Depart-
ment of Defense. The determination of the Gen-
eral Counsel with respect to such appeal shall 
be binding on the Chief Prosecutor and the con-
vening authority concerned. 
(5) TRIAL BY RANDOMIZED JURY.—After the 
Chief Prosecutor makes a determination under para-
graph (3) to proceed to trial on a charge relating to 
a covered special victim offense, the matter shall be 
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tried by a court-martial convened within the Armed 
Force of which the accused is a member in accord-
ance with the applicable provisions of chapter 47 of 
title 10, United States Code (the Uniform Code of 
Military Justice) except that, when convening a 
court-martial that is a general or special court-mar-
tial involving a covered special victim offense in 
which the accused elects a jury trial, the convening 
authority shall detail members of the Armed Forces 
as 
members 
thereof 
at 
random 
unless 
the 
obtainability of members of the Armed Forces for 
such court-martial prevents the convening authority 
from detailing such members at random. 
(6) UNLAWFUL
INFLUENCE
OR
COERCION.— 
The actions of the Chief Prosecutor under this sub-
section whether or not to try charges by court-mar-
tial shall be free of unlawful or unauthorized influ-
ence or coercion. 
(d) EFFECT ON OTHER LAW.—This section shall su-
persede any provision of chapter 47 of title 10, United 
States Code (the Uniform Code of Military Justice), that 
is inconsistent with this section, but only to the extent of 
the inconsistency. 
(e) TERMINATION AND TRANSITION.— 
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(1) TERMINATION.—The authority of the Sec-
retary to carry out the Pilot Program shall termi-
nate 4 years after the date on which the Pilot Pro-
gram is initiated. 
(2) TRANSITION.—The Secretary shall take 
such actions as are necessary to ensure that, on the 
date on which the Pilot Program terminates under 
paragraph (1), any matter referred to the Chief 
Prosecutor under subsection (c)(2), but with respect 
to which the Chief Prosecutor has not made a deter-
mination under subsection (c)(3), shall be trans-
ferred to the appropriate convening authority for 
consideration. 
(f) DEFINITIONS.—In this Act: 
(1) The term ‘‘Armed Force’’ means an Armed 
Force under the jurisdiction of the Secretary of a 
military department. 
(2) The term ‘‘covered special victim offense’’ 
means a special victim offense— 
(A) alleged to have been committed on or 
after the date of the enactment of this Act by 
a cadet of the United States Military Academy 
or the United States Air Force Academy, with-
out regard to the location at which the offense 
was committed; or 
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(B) alleged to have been committed on or 
after the date of the enactment of this Act by 
a midshipman of the United States Naval Acad-
emy, without regard to the location at which 
the offense was committed. 
(3) The term ‘‘Secretary’’ means the Secretary 
of Defense. 
(4) The term ‘‘special victim offense’’ means 
any of the following: 
(A) An offense under section 917a, 920, 
920b, 920c, or 930 of title 10, United States 
Code (article 117a, 120, 120b, 120c, or 130 of 
the Uniform Code of Military Justice). 
(B) A conspiracy to commit an offense 
specified in subparagraph (A) as punishable 
under section 881 of such title (article 81 of the 
Uniform Code of Military Justice). 
(C) A solicitation to commit an offense 
specified in subparagraph (A) as punishable 
under section 882 of such title (article 82 of the 
Uniform Code of Military Justice). 
(D) An attempt to commit an offense spec-
ified in subparagraph (A) as punishable under 
section 880 of such title (article 80 of the Uni-
form Code of Military Justice). 
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SEC. 550A. REPORT ON STATUS OF INVESTIGATIONS OF AL-
LEGED SEX-RELATED OFFENSES. 
(a) REPORTS REQUIRED.—Not later than 1 year 
after the date of the enactment of this Act, and annually 
thereafter through December 31, 2025, the Secretary of 
each military department shall submit to the congressional 
defense committees a report on the status of investigations 
into alleged sex-related offenses. 
(b) ELEMENTS.—Each report under subsection (a) 
shall include, with respect to investigations into alleged 
sex-related offenses carried out by military criminal inves-
tigative organizations under the jurisdiction of the Sec-
retary concerned during the preceding year, the following: 
(1) The total number of investigations. 
(2) For each investigation— 
(A) the date the investigation was initi-
ated; and 
(B) an explanation of whether the inves-
tigation is in-progress or complete as of the 
date of the report and, if complete, the date on 
which the investigation was completed. 
(3) The total number of investigations that are 
complete as of the date of the report. 
(4) The total number of investigations that are 
in-progress as of the date of the report. 
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(5) For investigations lasting longer than 180 
days, an explanation of the primary reasons for the 
extended duration of the investigation. 
(c) DEFINITIONS.—In this section: 
(1) The term ‘‘alleged sex-related offense’’ has 
the meaning given that term in section 1044(e)(h) 
of title 10, United States Code. 
(2) The term ‘‘complete’’ when used with re-
spect to an investigation of an alleged sex-related of-
fense, means the active phase of the investigation is 
sufficiently complete to enable the appropriate au-
thority to reach a decision with respect to the dis-
position of charges for the offense. 
SEC. 550B. REPORT ON SEXUAL ABUSE AND HARASSMENT 
OF RECRUITS DURING MEDICAL EXAMINA-
TIONS PRIOR TO ENTRY INTO THE ARMED 
FORCES. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Defense shall submit 
to Congress a report on the prevalence of sexual abuse 
and harassment of persons during the medical examina-
tion that precedes entry into the Armed Forces. Such re-
port shall include the following: 
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(1) The number of incidents of sexual abuse or 
harassment that have been reported since 2000, if 
available. 
(2) A description of the process by which the 
Department of Defense tracks the incidents of sex-
ual abuse or harassment, if applicable. 
(3) A plan to establish a process by which the 
Department tracks the incidents of sexual abuse or 
harassment, including of the medical professionals 
involved, if such a process does not exist. 
(4) A plan to provide awareness training re-
garding sexual abuse and harassment provided to 
medical professionals who perform such examina-
tions, if such training does not exist. 
(5) A plan to provide recruits with information 
on their rights and responsibilities in the event they 
face sexual abuse and harassment that is incident to 
service but prior to starting service in the Armed 
Forces, if such information does not exist. 
(6) A description of the legal redress available 
to persons who experience such sexual abuse and 
harassment, including through the Uniform Code of 
Military Justice, for those who enter the Armed 
Forces. 
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SEC. 550C. CONFIDENTIAL REPORTING OF SEXUAL HAR-
ASSMENT. 
(a) ESTABLISHMENT.—Chapter 80 of title 10, 
United States Code, is amended by inserting after section 
1561a the following new section: 
‘‘§ 1561b. Confidential reporting of sexual harassment 
‘‘(a) 
ESTABLISHMENT.—Notwithstanding 
section 
1561 of this title, the Secretary of Defense shall prescribe 
regulations establishing a process by which a member of 
an armed force under the jurisdiction of the Secretary of 
a military department may confidentially allege a com-
plaint of sexual harassment to an individual outside the 
immediate chain of command of that member. 
‘‘(b) INVESTIGATION.—An individual designated to 
receive complaints under subsection (a)— 
‘‘(1) shall maintain the confidentiality of the 
member alleging the complaint; 
‘‘(2) shall provide to the member alleging the 
complaint the option— 
‘‘(A) to file a formal or informal report of 
sexual harassment; and 
‘‘(B) to include reports related to such 
complaint in the Catch a Serial Offender Pro-
gram; and 
‘‘(3) shall provide to the commander of the 
complainant a report— 
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‘‘(A) regarding the complaint; and 
‘‘(B) that does not contain any personally 
identifiable information regarding the complain-
ant. 
‘‘(c) EDUCATION; TRACKING; REPORTING.—The Sec-
retary of Defense shall— 
‘‘(1) educate members under the jurisdiction of 
the Secretary of a military department regarding the 
process established under this section; 
‘‘(2) track complaints alleged pursuant to the 
process established under this section; and 
‘‘(3) submit annually to the Committees on 
Armed Services of the Senate and House of Rep-
resentatives a report containing data (that does not 
contain any personally identifiable information) re-
lating to such complaints.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 1561b the following new 
item: 
‘‘1561b. Confidential reporting of sexual harassment.’’. 
(c) IMPLEMENTATION.—The Secretary shall carry 
out section 1561b of title 10, United States Code, as 
added by subsection (a), not later than 1 year after the 
date of the enactment of this Act. 
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Subtitle F—Member Education, 
Training, and Transition 
SEC. 551. COUNSELING IN THE TRANSITION ASSISTANCE 
PROGRAM 
REGARDING 
SEXUAL 
ASSAULT, 
SEXUAL OR GENDER HARASSMENT, AND INTI-
MATE PARTNER VIOLENCE. 
Section 1142(b) of title 10, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(20) Information concerning health care (in-
cluding mental health care) furnished by the Sec-
retary of Veterans Affairs to veterans and members 
of the Armed Forces who have survived sexual as-
sault, sexual or gender harassment, or intimate part-
ner violence.’’. 
SEC. 552. MEDICAL OR ADMINISTRATIVE DISCHARGE AS A 
PATHWAY FOR COUNSELING IN THE TRANSI-
TION ASSISTANCE PROGRAM. 
Section 1142(c)(1) of title 10, United States Code, 
is amended— 
(1) in subparagraph (E), by striking ‘‘Dis-
ability’’ and inserting ‘‘Potential or confirmed med-
ical discharge of the member’’; and 
(2) in subparagraph (F), by striking ‘‘Char-
acter’’ and all that follows and inserting ‘‘Potential 
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or confirmed involuntary separation of the mem-
ber.’’. 
SEC. 553. FAMILY DYNAMICS AS PATHWAYS FOR COUN-
SELING IN THE TRANSITION ASSISTANCE 
PROGRAM. 
Section 1142(c)(1) of title 10, United States Code, 
as amended by section (a), is further amended— 
(1) by redesignating subparagraph (M) as sub-
paragraph (R); and 
(2) by inserting after subparagraph (L) the fol-
lowing: 
‘‘(M) Child care requirements of the member 
(including whether a dependent of the member is en-
rolled in the Exceptional Family Member Program). 
‘‘(N) The employment status of other adults in 
the household of the member. 
‘‘(O) The location of the duty station of the 
member (including whether the member was sepa-
rated from family while on duty). 
‘‘(P) The effects of operating tempo and per-
sonnel tempo on the member and the household of 
the member. 
‘‘(Q) Whether the member is an Indian or 
urban Indian, as those terms are defined in section 
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4 of the Indian Health Care Improvement Act (Pub-
lic Law 94–437; 25 U.S.C. 1603).’’. 
SEC. 554. ESTABLISHMENT OF MENTORING AND CAREER 
COUNSELING PROGRAM. 
(a) IN GENERAL.—Chapter 107 of title 10, United 
States Code, is amended by adding at the end the fol-
lowing new section: 
‘‘§ 2158. Mentoring and career counseling program 
‘‘(a) ESTABLISHMENT; OBJECTIVES.—The Secretary 
of Defense, in coordination with the Secretaries of the 
military departments and the Chief Diversity Officer, shall 
implement a program for mentoring and career counseling 
that— 
‘‘(1) ensures that all military occupational spe-
cialties and career fields reflect the demographics of 
the armed forces; and 
‘‘(2) ensures that members in all ranks and 
grades reflect the demographics of the armed forces. 
‘‘(b) PROGRAM DESCRIPTION AND COMPONENTS.— 
The program under subsection (a) shall— 
‘‘(1) include mentoring and career counseling 
efforts that start prior to the initial career field deci-
sion point and continue throughout the career of 
each participating member cadet or midshipman; 
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‘‘(2) provide guidance on accession into the 
military occupational specialties and career fields 
that experience the highest rates and greatest num-
ber of promotions to a grade above O–6; and 
‘‘(3) promote information regarding career 
choices, including opportunities in the reserve com-
ponents, to optimize the ability of a participating 
member cadet, or midshipman to make informed ca-
reer choices from accession to retirement. 
‘‘(c) EVALUATION METRICS.—The Secretary of De-
fense shall establish and maintain metrics to evaluate the 
effectiveness of the program under this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 107 of such title is amended 
by at the end the following new item: 
‘‘2158. Mentoring and career counseling program.’’. 
(c) INTERIM REPORT.— 
(1) REPORT REQUIRED.—Not later than 120 
days after the date of the enactment of this Act, the 
Secretary of Defense shall submit to the congres-
sional defense committees on Armed Services of the 
Senate and the House of Representatives a report on 
the implementation of section 2158 of title 10, 
United States Code, as added by subsection (a). 
(2) ELEMENTS.—The report under paragraph 
(1) shall include the following: 
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(A) A description and assessment of the 
manner in which the Department of Defense 
shall implement the program under subsection 
(a) of such section 2158. 
(B) The initial evaluation metrics devel-
oped under subsection (c) of such section 2158. 
(C) An explanation of whether the pro-
gram will be carried out as part of another pro-
gram of the Department or through the estab-
lishment of a separate program. 
(D) A comprehensive description of the ad-
ditional personnel, resources, and training that 
will be required to implement the program, in-
cluding identification of the specific number of 
additional billets that will be needed to staff the 
program. 
(E) Recommendations of the Secretary for 
additional legislation that the Secretary deter-
mines e necessary to effectively and efficiently 
implement the program. 
(d) ANNUAL REPORT.— 
(1) REPORT REQUIRED.—Not later than Octo-
ber 1, 2021, and annually thereafter for 3 years, the 
Secretary of Defense shall submit to the congres-
sional defense committees on Armed Services of the 
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Senate and the House of Representatives a report on 
the program under section 2158 of title 10, United 
States Code, as added by subsection (a). 
(2) ELEMENTS.—Each report under paragraph 
(1) shall include, disaggregated by Armed Force, the 
following: 
(A) The latest evaluation metrics developed 
under subsection (c) of such section 2158. 
(B) 
The 
number 
of 
individuals, 
disaggregated by grade, ethnicity, race, and 
gender, who were eligible for participation in 
the program. 
(C) 
The 
number 
of 
individuals, 
disaggregated by grade, ethnicity, race, and 
gender, who opted out of participation in the 
program. 
(D) An assessment of the effectiveness of 
the program in advancing the careers of minor-
ity commissioned officers. 
(e) PUBLICATION.—The Secretary of Defense shall— 
(1) publish on an appropriate publicly available 
website of the Department of Defense the reports re-
quired under subsections (c) and (d); and 
(2) ensure that any data included with each 
such report is made available in a machine-readable 
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format that is downloadable, searchable, and sort-
able. 
(f) IMPLEMENTATION DATE.—The Secretary of De-
fense shall implement the program under section 2158 of 
title 10, United States Code, as added by subsection (a), 
not later than 1 year after the date of the enactment of 
this Act. 
(g) DEFINITIONS.—In this section: 
(1) The term ‘‘minority person’’ means any in-
dividual who is a citizen of the United States and 
who is— 
(A) Asian American; 
(B) Native Hawaiian; 
(C) a Pacific Islander; 
(D) African American; 
(E) Hispanic; 
(F) Puerto Rican; 
(G) Native American; 
(H) an Alaska Native; or 
(I) female. 
(2) The term ‘‘minority commissioned officer’’ 
means any commissioned officer who is a minority 
person. 
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(3) The term ‘‘machine-readable’’ has the 
meaning given that term in section 3502(18) of title 
44, United States Code. 
SEC. 555. DEFENSE LANGUAGE INSTITUTE FOREIGN LAN-
GUAGE CENTER. 
(a) AUTHORITY
TO
AWARD
BACHELOR’S
DE-
GREES.—Section 2168 of title 10, United States Code, is 
amended— 
(1) in the section heading, by striking ‘‘Asso-
ciate’’ and inserting ‘‘Associate or Bachelor’’; 
and 
(2) by amending subsection (a) to read as fol-
lows: 
‘‘(a) Subject to subsection (b), the Commandant of 
the Defense Language Institute may confer— 
‘‘(1) an Associate of Arts degree in a foreign 
language upon any graduate of the Foreign Lan-
guage Center of the Institute who fulfills the re-
quirements for that degree; or 
‘‘(2) a Bachelor of Arts degree in a foreign lan-
guage upon any graduate of the Foreign Language 
Center of the Institute who fulfills the requirements 
for that degree.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 108 of title 10, United States 
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Code, is amended by striking the item relating to section 
2168 and inserting the following new item: 
‘‘2168. Defense Language Institute Foreign Language Center: degree of Asso-
ciate or Bachelor of Arts in foreign language.’’. 
SEC. 556. DEFENSE LANGUAGE INSTITUTE FOREIGN LAN-
GUAGE CENTER. 
(a) AUTHORITY
TO
AWARD
BACHELOR’S
DE-
GREES.—Section 2168 of title 10, United States Code, is 
amended— 
(1) in the section heading, by striking ‘‘Asso-
ciate’’ and inserting ‘‘Associate or Bachelor’’; 
and 
(2) by amending subsection (a) to read as fol-
lows: 
‘‘(a) Subject to subsection (b), the Commandant of 
the Defense Language Institute may confer— 
‘‘(1) an Associate of Arts degree in a foreign 
language upon any graduate of the Foreign Lan-
guage Center of the Institute who fulfills the re-
quirements for that degree; or 
‘‘(2) a Bachelor of Arts degree in a foreign lan-
guage upon any graduate of the Foreign Language 
Center of the Institute who fulfills the requirements 
for that degree.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 108 of title 10, United States 
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Code, is amended by striking the item relating to section 
2168 and inserting the following new item: 
‘‘2168. Defense Language Institute Foreign Language Center: degree of Asso-
ciate or Bachelor of Arts in foreign language.’’. 
SEC. 557. INCREASE IN NUMBER OF PERMANENT PROFES-
SORS AT THE UNITED STATES AIR FORCE 
ACADEMY. 
Section 9431(b)(4) of title 10, United States Code, 
is amended by striking ‘‘23’’ and inserting ‘‘25’’. 
SEC. 558. INFORMATION ON NOMINATIONS AND APPLICA-
TIONS FOR MILITARY SERVICE ACADEMIES. 
(a) CONGRESSIONAL NOMINATIONS PORTAL.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, the Secretary, 
in consultation with the Superintendents of the mili-
tary service academies, shall ensure that there is a 
uniform online portal for all military service acad-
emies that enables Members of Congress to nomi-
nate individuals for appointment to each academy 
through a secure website. 
(2) INFORMATION COLLECTION AND REPORT-
ING.—The online portal established under paragraph 
(1) shall— 
(A) collect, from each Member of Con-
gress, the demographic information described in 
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subsection (b) for each individual nominated by 
the Member; and 
(B) collect the information required to be 
included in each annual report of the Secretary 
under subsection (c) in a manner that enables 
the Secretary to automatically compile such in-
formation when preparing the report. 
(3) AVAILABILITY OF INFORMATION.—The por-
tal shall allow Members of Congress and their des-
ignees to view past nomination records for all appli-
cation cycles. 
(b) STANDARD CLASSIFICATIONS FOR COLLECTION 
OF DEMOGRAPHIC DATA.— 
(1) STANDARDS REQUIRED.—The Secretary, in 
consultation with the Superintendents of the military 
service academies, shall establish standard classifica-
tions that cadets, midshipmen, and applicants to the 
academies may use to self-identify gender, race, and 
ethnicity and to provide other demographic informa-
tion in connection with admission to or enrollment in 
an academy. 
(2) CONSISTENCY WITH OMB GUIDANCE.—The 
standard classifications established under paragraph 
(1) shall be consistent with the standard classifica-
tions specified in Office of Management and Budget 
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Directive No. 15 (pertaining to race and ethnic 
standards for Federal statistics and administrative 
reporting) or any successor directive. 
(3) INCORPORATION INTO APPLICATIONS AND 
RECORDS.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall in-
corporate the standard classifications established 
under paragraph (1) into— 
(A) applications for admission to the mili-
tary service academies; and 
(B) the military personnel records of ca-
dets and midshipmen enrolled in such acad-
emies. 
(c) ANNUAL REPORT ON THE DEMOGRAPHICS MILI-
TARY SERVICE ACADEMY APPLICANTS.— 
(1) REPORT REQUIRED.—Not later than Sep-
tember 30 of each year beginning after the date of 
the enactment of this Act, the Secretary shall submit 
to the congressional defense committees a report on 
the demographics of applicants to military service 
academies for the most recently concluded applica-
tion year. 
(2) ELEMENTS.—Each report under paragraph 
(1) shall include, with respect to each military serv-
ice academy, the following: 
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(A) The number of individuals who sub-
mitted an application for admission to the acad-
emy in the application year covered by the re-
port. 
(B) Of the individuals who submitted an 
application for admission to the academy in 
such year— 
(i) the overall demographics of appli-
cant pool, disaggregated by the classifica-
tions established under subsection (b) and 
by Member of Congress; 
(ii) the number and percentage who 
received a nomination, disaggregated by 
the classifications established under sub-
section (b) and by Member of Congress; 
(iii) the number and percentage who 
received an offer for appointment to the 
academy, disaggregated by the classifica-
tions established under subsection (b) and 
by Member of Congress; and 
(iv) the number and percentage who 
accepted an appointment to the academy, 
disaggregated by the classifications estab-
lished under subsection (b) and by Member 
of Congress. 
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(3) CONSULTATION.—In preparing each report 
under paragraph (1), the Secretary shall consult 
with the Superintendents of the military service 
academies. 
(4) AVAILABILITY OF REPORTS AND DATA.— 
The Secretary shall— 
(A) make the results of each report under 
paragraph (1) available on a publicly accessible 
website of the Department of Defense; and 
(B) ensure that any data included with the 
report is made available in a machine-readable 
format that is downloadable, searchable, and 
sortable. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘application year’’ means the pe-
riod beginning on January 1 of one year and ending 
on June 1 of the following year. 
(2) The term ‘‘congressional defense commit-
tees’’ has the meaning given that term in section 
101(a)(16) of title 10, United States Code. 
(3) The term ‘‘machine-readable’’ has the 
meaning given that term in section 3502(18) of title 
44, United States Code. 
(4) The term ‘‘military service academy’’ 
means— 
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(A) the United States Military Academy; 
(B) the United States Naval Academy; and 
(C) the United States Air Force Academy. 
(5) The term ‘‘Secretary’’ means the Secretary 
of Defense. 
SEC. 559. TRANSFORMATION OF THE PROFESSIONAL MILI-
TARY EDUCATION ENTERPRISE. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) 
professional 
military 
education 
is 
foundational to the development of ethical and effec-
tive military leaders and vital to national security; 
(2) oversight of professional military education 
is an essential part of Congress’ constitutional re-
sponsibilities to regulate and maintain the Armed 
Forces of the United States; 
(3) reform of the professional military edu-
cation system, as directed by the congressional de-
fense committees, has played a central role in the in-
stitutionalization of jointness as envisioned by the 
Goldwater-Nichols Department of Defense Reorga-
nization Act of 1986 (Public Law 99–433); 
(4) the Goldwater-Nichols professional military 
education model has served the Nation well since the 
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end of the Cold War by enabling successful joint 
military operations across the spectrum of conflict; 
(5) recent changes in the national security envi-
ronment require that the professional military edu-
cation enterprise adapt to prepare the joint force to 
successfully defend American interests in evolving 
areas of strategic competition; and 
(6) the Department of Defense must transform 
the professional military education enterprise to 
meet these challenges by emphasizing focused and 
rigorous intellectual study reflecting the hard won 
strategic insights of history, while leveraging ad-
vancements in the modern learning environment. 
(b) LIMITATION.—None of the funds authorized to 
be appropriated by this Act or otherwise made available 
for fiscal year 2021 for the Department of Defense may 
be obligated or expended consolidate, close, or significantly 
change the curriculum of the National Defense University 
or any institution of professional military education of an 
Armed Force until a period of 120 days has elapsed fol-
lowing the date on which the Under Secretary of Defense 
for Personnel and Readiness submits the report required 
under subsection (c). 
(c) REPORT REQUIRED.— 
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(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Sec-
retary of Defense, acting through the Under Sec-
retary of Defense for Personnel and Readiness, shall 
submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report on 
the status of the professional military education en-
terprise. 
(2) ELEMENTS.—The report required under 
paragraph (1) shall include the following: 
(A) A consolidated summary that— 
(i) lists all components of the profes-
sional military education enterprise of the 
Department of Defense, including all asso-
ciated schools, programs, research centers, 
and support activities; and 
(ii) for each such component, identi-
fies the assigned personnel strength, an-
nual student throughput, and budget de-
tails covering the period of 3 fiscal years 
preceding the date of the report. 
(B) An assessment of the effectiveness and 
shortfalls of the existing professional military 
education enterprise as measured against grad-
uate utilization, post-graduate evaluations, and 
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the education and force development require-
ments of the Chairman of the Joint Chiefs of 
Staff and the Chiefs of the Armed Forces. 
(C) Recommendations to improve the intel-
lectual readiness of the joint force through re-
forms designed to— 
(i) improve the warfighting readiness, 
intellectual fitness and cognitive ingenuity 
of military leaders; 
(ii) promote development of strategic 
thinkers capable of developing integrated 
political-military and cross-domain strate-
gies and new doctrinal concepts; 
(iii) enhance the effectiveness, coher-
ence, and efficiency of individual service 
approaches to professional military edu-
cation; 
(iv) improve the depth and rigor of 
professional military education curriculum 
in alignment with national defense strategy 
pacing threats while enhancing strategic 
relationships and operational integration 
with key allies and international security 
partners; and 
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(v) foster the deliberate development 
of world-class faculty through increasing 
the value of faculty assignments and other 
appropriate measures. 
SEC. 560. COLLEGE OF INTERNATIONAL SECURITY AFFAIRS 
OF THE NATIONAL DEFENSE UNIVERSITY. 
(a) PROHIBITION.—The Secretary of Defense may 
not eliminate, divest, downsize, or reorganize the College 
of International Security Affairs, nor its satellite program, 
the Joint Special Operations Masters of Arts, of the Na-
tional Defense University, or seek to reduce the number 
of students educated at the College, or its satellite pro-
gram, until 30 days after the date on which the congres-
sional defense committees receive the report required by 
subsection (c). 
(b) ASSESSMENT, DETERMINATION, AND REVIEW.— 
The Under Secretary of Defense for Policy, in consultation 
with the Under Secretary of Defense for Personnel and 
Readiness, the Assistant Secretary of Defense for Special 
Operations/Low-Intensity Conflict , the Deputy Assistant 
Secretary of Defense for Counternarcotics and Global 
Threats, the Deputy Assistant Secretary of Defense for 
Stability and Humanitarian Affairs, the Deputy Assistant 
Secretary of Defense for Special Operations and Com-
bating Terrorism, the Chief Financial Officer of the De-
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partment, the Chairman of the Joint Chiefs of Staff, and 
the Commander of United States Special Operations Com-
mand, shall— 
(1) assess requirements for joint professional 
military education and civilian leader education in 
the counterterrorism, irregular warfare, and asym-
metrical domains to support the Department and 
other national security institutions of the Federal 
Government; 
(2) determine whether the importance, chal-
lenges, and complexity of the modern counterter-
rorism environment and irregular and asymmetrical 
domains warrant— 
(A) a college at the National Defense Uni-
versity, or a college independent of the National 
Defense University whose leadership is respon-
sible to the Office of the Secretary of Defense; 
and 
(B) the provision of resources, services, 
and capacity at levels that are the same as, or 
decreased or enhanced in comparison to, those 
resources, services, and capacity in place at the 
College of International Security Affairs on 
January 1, 2019; 
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(3) review the plan proposed by the National 
Defense University for eliminating the College of 
International Security Affairs and reducing and re-
structuring the counterterrorism, irregular, and 
asymmetrical faculty, course offerings, joint profes-
sional military education and degree and certificate 
programs, and other services provided by the Col-
lege; and 
(4) assess the changes made to the College of 
International Security Affairs since January 1, 
2019, and the actions necessary to reverse those 
changes, including relocating the College and its as-
sociated budget, faculty, staff, students, and facili-
ties outside of the National Defense University. 
(c) REPORT REQUIRED.—Not later than February 1, 
2021, the Secretary shall submit to the congressional de-
fense committees a report on— 
(1) the findings of the Secretary with respect to 
the assessments, determination, and review con-
ducted under subsection (b); and 
(2) such recommendations as the Secretary may 
have for higher education in the counterterrorism, 
irregular, and asymmetrical domains. 
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SEC. 560A. PUBLIC-PRIVATE CONSORTIUM TO IMPROVE 
PROFESSIONAL MILITARY EDUCATION. 
(a) ESTABLISHMENT.—The Secretary of Defense, 
acting through the Chairman of the Joint Chiefs of Staff 
and in consultation with the Under Secretary of Defense 
for Personnel and Readiness, shall establish and maintain 
a public-private consortium (referred to in this section as 
the ‘‘Consortium’’) to improve and broaden professional 
military education for military officers and civilian em-
ployees of the Federal Government. 
(b) DIRECTORS.— 
(1) IN GENERAL.—The President of the Na-
tional Defense University and the head of a civilian 
institution of higher education appointed in accord-
ance with paragraph (3) shall serve as co-directors 
of the Consortium. 
(2) RESPONSIBILITIES OF CO-DIRECTORS.—The 
co-directors shall be responsible for— 
(A) the administration and management of 
the Consortium; and 
(B) developing a common curriculum for 
professional military education using input re-
ceived from members of the Consortium. 
(3) APPOINTMENT OF CO-DIRECTOR FROM CI-
VILIAN INSTITUTION.—Not later than June 1, 2021, 
the Secretary of Defense shall appoint an individual 
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who is the President or Chancellor of a civilian insti-
tution of higher education to serve as co-director of 
the Consortium as described in paragraph (1). 
(4) TERM OF CO-DIRECTOR.—The co-director 
appointed under paragraph (3) shall serve an initial 
term of 5 years. The Secretary of Defense may re-
appoint such co-director for one or more additional 
terms of not more than 5 years, as the Secretary de-
termines appropriate. 
(5) AUTHORITY.—In the event that a conflict 
arises between co-directors of the Consortium, the 
conflict shall be resolved by the Director for Joint 
Force Development of the Joint Chiefs of Staff (J– 
7). 
(c) ACTIVITIES OF CONSORTIUM.—The Consortium 
shall carry out the following activities: 
(1) Bring the military education system (includ-
ing military service academies, institutions that pro-
vide professional military education, and other insti-
tutions the provide military education) together with 
a broad group of civilian institutions of higher edu-
cation, policy research institutes, and the commercial 
sector to develop and continually update a research- 
based curriculum to prepare early career, mid-ca-
reer, and senior military officers and civilian employ-
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ees of the Federal Government to succeed in an era 
that will be predominantly defined by great power 
competition and in which security challenges will 
transcend the traditional areas of defense expertise, 
becoming more complex and inter-related than be-
fore, with disruptions that will manifest rapidly and 
with little warning. 
(2) Train military officers and civilian edu-
cators serving in the joint professional military edu-
cation system to implement the curriculum developed 
under paragraph (2) at the institutions they serve. 
(3) On a regular basis, make recommendations 
to the Secretary about how the joint professional 
military education system should be modified to 
meet the challenges of apparent or possible future 
defense, national security, and international environ-
ments. 
(d) MEMBERS.—The Consortium shall be composed 
of representatives selected by the Secretary of Defense 
from the following organizations: 
(1) Organizations within the joint professional 
military education system. 
(2) Military service academies. 
(3) Other institutions of the Federal Govern-
ment that provide military education. 
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(4) Civilian institutions of higher education. 
(5) Private sector and government policy re-
search institutes. 
(6) Organizations in the commercial sector, in-
cluding organizations from the industrial, finance, 
and technology sectors. 
(e) ANNUAL REPORT.—Not later than September 30, 
2022, and annually thereafter, the co-directors of the Con-
sortium shall submit to the Secretary of Defense and the 
congressional defense committees a report that describes 
the activities carried out by the Consortium during the 
preceding year. 
(f) CIVILIAN INSTITUTION DEFINED.—In this sec-
tion, the term ‘‘civilian institution of higher education’’ 
means an institution of higher education (as defined in 
section 101 of the Higher Education Act of 1965 (20 
U.S.C. 1001)) that is not owned or controlled by the Fed-
eral Government. 
SEC. 560B. PARTICIPATION OF MEMBERS OF THE RESERVE 
COMPONENTS OF THE ARMED FORCES IN 
THE SKILLBRIDGE PROGRAM. 
Section 1143(e)(2) of title 10, United States Code, 
is amended to read as follows: 
‘‘(2) A member of the armed forces is eligible for a 
program under this subsection if— 
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‘‘(A) the member— 
‘‘(i) has completed at least 180 days on ac-
tive duty in the armed forces; and 
‘‘(ii) is expected to be discharged or re-
leased from active duty in the armed forces 
within 180 days of the date of commencement 
of participation in such a program; or 
‘‘(B) the member is a member of a reserve com-
ponent.’’. 
SEC. 560C. STUDY REGARDING VA PARTICIPATION IN TAP. 
Not later than December 31, 2022, the Secretaries 
of Defense and Veterans Affairs shall submit to the con-
gressional defense committees and the Committees on Vet-
erans’ Affairs of the Senate and House of Representatives 
a report on the results of a study on the feasibility of hav-
ing representatives of the Department of Veterans Affairs 
present during counseling sessions under section 1142 of 
title 10, United States Code, to set up premium eBenefits 
accounts of the Department of Veterans Affairs for mem-
bers of the Armed Forces participating in the Transition 
Assistance Program. 
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SEC. 560D. GAO STUDY REGARDING TRANSFERABILITY OF 
MILITARY CERTIFICATIONS TO CIVILIAN OC-
CUPATIONAL 
LICENSES 
AND 
CERTIFI-
CATIONS. 
(a) STUDY; REPORT.—Not later than 1 year after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall submit to Congress a report 
containing the results of a study regarding the transfer-
ability of military certifications to civilian occupational li-
censes and certifications. 
(b) ELEMENTS.—The report under this section shall 
include the following: 
(1) Obstacles to transference of military certifi-
cations. 
(2) Any effects of the transferability of military 
certifications on recruitment and retention. 
(3) Examples of certifications obtained from the 
Federal Government that transfer to non-Federal 
employment. 
SEC. 560E. TRANSITION OUTREACH. 
The Secretary of Defense, in coordination with the 
Secretaries of Veterans Affairs and Labor, shall encourage 
contact between members of the Armed Forces partici-
pating in the Transition Assistance Program under sec-
tions 1142 and 1144 of title 10, United States Code, and 
local communities, to promote employment opportunities 
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for such members. Such contact shall include, to the ex-
tent practicable, public-private partnerships. 
SEC. 560F. CONTINUED PARTICIPATION OF SEPARATED 
MEMBERS 
OF 
THE 
ARMED 
FORCES 
IN 
SKILLBRIDGE PROGRAMS. 
Section 1143(e) of title 10, United States Code, is 
amended— 
(1) by redesignating paragraph (3) as para-
graph (4); and 
(2) by inserting after paragraph (2) the fol-
lowing new paragraph (3): 
‘‘(3) In the case of an eligible member who en-
rolls in a program under this subsection and who is 
discharged or released from active duty in the armed 
forces before the completion of the program, such 
member may continue to participate in the program 
until the completion of the program. The continued 
participation of such a member in such a program 
shall have no effect on the discharge or separation 
date of the member or the eligibility of the member 
for any pay or benefits.’’. 
SEC. 560G. EXPANSION OF SKILLBRIDGE PROGRAM TO IN-
CLUDE THE COAST GUARD. 
Section 1143(e) of title 10, United States Code, is 
amended— 
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(1) in paragraph (1), by striking ‘‘of a military 
department’’ and inserting ‘‘concerned’’; 
(2) in paragraph (3), by striking ‘‘of the mili-
tary department’’; and 
(3) in paragraph (4), by striking ‘‘of Defense’’ 
and inserting ‘‘concerned’’. 
SEC. 560H. ESTABLISHMENT OF PERFORMANCE MEASURES 
FOR THE CREDENTIALING OPPORTUNITIES 
ON-LINE PROGRAMS OF THE ARMED FORCES. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
shall establish additional performance measures to evalu-
ate the effectiveness of the COOL programs of each 
Armed Force in connecting members of the Armed Forces 
with professional credential programs. Such measures 
shall include the following: 
(1) The percentage of members of the Armed 
Force concerned described in section 1142(a) of title 
10, United States Code, who participate in a profes-
sional credential program through the COOL pro-
gram of the Armed Force concerned. 
(2) The percentage of members of the Armed 
Force concerned described in paragraph (1) who 
have completed a professional credential program de-
scribed in that paragraph. 
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(3) The percentage of members of the Armed 
Force concerned described in paragraphs (1) and (2) 
who are employed not later than one year after sepa-
ration or release from the Armed Forces. 
(b) COORDINATION.—To carry out this section, the 
Secretary of Defense may coordinate with the Secretaries 
of Veterans Affairs and Labor. 
SEC. 560I. AUTHORITY OF MILITARY EDUCATIONAL INSTI-
TUTIONS TO ACCEPT RESEARCH GRANTS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of De-
fense, in consultation with the Secretaries of the military 
departments, shall issue regulations under which faculty 
of military educational institutions shall be authorized to 
accept research grants from individuals and entities out-
side the Department of Defense. 
(b) MILITARY
EDUCATIONAL
INSTITUTION
DE-
FINED.—In this section, the term ‘‘military educational in-
stitution’’ means a postsecondary educational institution 
established within the Department of Defense. 
SEC. 560J. REPORT ON OFFICER TRAINING IN IRREGULAR 
WARFARE. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense shall submit to the appropriate congressional 
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committees a report on the training in irregular warfare, 
if any, provided to officers of the Armed Forces as part 
of the regular course of instruction for such officers. 
(b) ELEMENTS.—The report under subsection (a) 
shall include— 
(1) the level of instruction in irregular warfare 
typically provided to officers; 
(2) the number of hours of instruction at each 
level; and 
(3) a description of the subject areas covered by 
the instruction. 
(c) EXCLUSION OF SPECIALIZED TRAINING.—The re-
port under subsection (a) shall not include information on 
specialized or branch-specific training in irregular warfare 
provided to certain officers as part of a specialized course 
of instruction. 
(d) DEFINITIONS.—In this section: 
(1) The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Armed Services and 
the Committee on Foreign Relations of the Sen-
ate; and 
(B) the Committee on Armed Services and 
the Committee on Foreign Affairs of the House 
of Representatives. 
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(2) The term ‘‘irregular warfare’’ has the 
meaning given that term in the Joint Operating 
Concept of the Department of Defense titled ‘‘Irreg-
ular 
Warfare: 
Countering 
Irregular 
Threats’’, 
version 2.0, dated May 17, 2010. 
SEC. 560K. REPORT REGARDING COUNTY, TRIBAL, AND 
LOCAL VETERANS SERVICE OFFICERS. 
(a) REPORT REQUIRED.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense, in consultation with the Secretary of Veterans 
Affairs, shall submit to the Committees on Armed Services 
and on Veterans’ Affairs of the House of Representatives 
and Senate a report regarding the effects of the presence 
of CVSOs at demobilization centers on members of the 
Armed Forces making the transition to civilian life. 
(b) METRICS.—In determining the effects described 
in subsection (a), the Secretary of Defense shall use 
metrics including the following: 
(1) Feedback from members described in sub-
section (a) and from veterans regarding interactions 
with CVSOs. 
(2) Greater use of benefits (including health 
care, employment services, education, and home 
loans) available to veterans under laws administered 
by the Secretary of— 
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(A) Veterans Affairs; 
(B) Labor; 
(C) Health and Human Services; 
(D) Housing and Urban Development; or 
(E) Education. 
(3) Greater use of benefits available to veterans 
not described in paragraph (2). 
(4) Frequencies of post-demobilization follow-up 
meetings initiated by— 
(A) a CVSO; or 
(B) a veteran. 
(5) Awareness and understanding of local sup-
port services (including CVSOs) available to vet-
erans. 
(c) ELEMENTS.—The report under this section shall 
include the following: 
(1) The number of demobilization centers that 
host CVSOs. 
(2) The locations of demobilization centers de-
scribed in paragraph (1). 
(3) Barriers to expanding the presence of 
CVSOs at demobilization centers nationwide. 
(4) Recommendations of the Secretary of De-
fense regarding the presence of CVSOs at demobili-
zation centers. 
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(d) CVSO DEFINED.—In this section, the term 
‘‘CVSO’’ includes— 
(1) a county veterans service officer; 
(2) a Tribal veterans service officer; 
(3) a Tribal veterans representative; or 
(4) another State, Tribal, or local entity that 
the Secretary of Defense determines appropriate. 
SEC. 560L. LIMITED EXCEPTION FOR ATTENDANCE OF EN-
LISTED PERSONNEL AT SENIOR LEVEL AND 
INTERMEDIATE 
LEVEL 
OFFICER 
PROFES-
SIONAL MILITARY EDUCATION COURSES. 
Section 559 of the John S. McCain National Defense 
Authorization Act for Fiscal Year 2019 (Public Law 115– 
232; 132 Stat. 1775) is amended— 
(1) in subsection (a), by striking ‘‘None of the 
funds’’ and inserting ‘‘Except as provided in sub-
section (b), none of the funds’’; 
(2) by redesignating subsections (b) and (c) as 
subsections (c) and (d), respectively; and 
(3) by inserting after subsection (a) the fol-
lowing new subsection: 
‘‘(b) EXCEPTION.—Funds authorized to be appro-
priated or otherwise made available for the Department 
of Defense may be obligated or expended for the purpose 
of the attendance of enlisted personnel at senior level and 
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intermediate level officer professional military education 
courses if— 
‘‘(1) the enlisted personnel attending such 
courses have completed professional military edu-
cation at the appropriate grade prior to attendance; 
‘‘(2) the Secretary concerned (as defined in sec-
tion 101(a)(9) of title 10, United States Code) es-
tablishes a screening and selection process to choose 
enlisted personnel to attend such courses; 
‘‘(3) with respect to attendees of resident pro-
grams— 
‘‘(A) the Secretary concerned establishes a 
utilization policy for enlisted graduates of such 
programs; and 
‘‘(B) attendees of such programs agree to 
a 3-year service obligation after completion of 
such programs; 
‘‘(4) the Secretary concerned authorizes enlisted 
personnel to attend only after the Secretary deter-
mines all requirements for attendance of officers at 
such courses have been met; and 
‘‘(5) an officer is not denied attendance at such 
courses for the primary purpose of allowing enlisted 
personnel to attend.’’. 
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SEC. 560M. LIMITATION ON ELIGIBILITY OF FOR-PROFIT IN-
STITUTIONS 
TO 
PARTICIPATE 
IN 
EDU-
CATIONAL ASSISTANCE PROGRAMS OF THE 
DEPARTMENT OF DEFENSE. 
(a) IN GENERAL.—Section 2006a of title 10, United 
States Code, is amended— 
(1) in subsection (b)— 
(A) in paragraph (3), by striking ‘‘and’’ at 
the end; 
(B) in paragraph (4), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(5) in the case of program offered by a propri-
etary institution of higher education, the institution 
derives not less than ten percent of such institution’s 
revenues from sources other than Federal edu-
cational assistance funds as required under sub-
section (c).’’. 
(2) by redesignating subsection (c) as sub-
section (d); 
(3) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c) LIMITATION
ON PARTICIPATION
OF PROPRI-
ETARY INSTITUTIONS.—The Secretary of Defense may 
not approve an educational program offered by a propri-
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etary institution of higher education, and no educational 
assistance under a Department of Defense educational as-
sistance program or authority covered by this section may 
be provided to such an institution, unless the institution 
derives not less than ten percent of such institution’s reve-
nues from sources other than Federal educational assist-
ance funds.’’; 
(4) in subsection (d), as so redesignated, by 
adding at the end the following new paragraphs: 
‘‘(3) The term ‘Federal educational assistance 
funds’ means any Federal funds provided under this 
title, the Higher Education Act of 1965 (20 U.S.C. 
1001 et seq.), or any other Federal law, through a 
grant, contract, subsidy, loan, guarantee, insurance, 
or other means to a proprietary institution of higher 
education, including Federal financial assistance 
that is disbursed or delivered to an institution or on 
behalf of a student or to a student to be used to at-
tend the institution, except that such term shall not 
include any monthly housing stipend provided under 
the Post-9/11 Educational Assistance Program 
under chapter 33 of title 38. 
‘‘(4) The term ‘proprietary institution of higher 
education’ has the meaning given that term in sec-
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tion 102(b) of the Higher Education Act of 1965 
(20 U.S.C. 1002(b)).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect 180 days after the date 
of the enactment of this Act. 
Subtitle G—Military Family Readi-
ness and Dependents’ Education 
SEC. 561. FAMILY READINESS: DEFINITIONS; COMMUNICA-
TION STRATEGY; REPORT. 
(a) DEFINITIONS.—Not later than 6 months after the 
date of the enactment of this Act, the Secretary of De-
fense, in coordination with the Secretaries of the military 
departments, shall define the terms ‘‘military family readi-
ness’’ and ‘‘military family resiliency’’. 
(b) COMMUNICATION STRATEGY.—Not later than 1 
year after the date of the enactment of this Act, the Sec-
retary of Defense, in coordination with the Secretaries of 
the military departments, shall establish and implement 
a strategy regarding communication with military fami-
lies. The strategy shall include the following: 
(1) The use of a variety of modes of commu-
nication to ensure the broadest means of commu-
nicating with military families. 
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(2) Updating an existing annual standardized 
survey that assesses military family readiness to ad-
dress the following issues: 
(A) Communication with beneficiaries. 
(B) Child care. 
(C) Education, 
(D) Spousal employment. 
(E) The Exceptional Family Member Pro-
gram. 
(F) Financial literacy. 
(G) Financial stress. 
(H) Health care (including copayments, 
network adequacy, and the availability of ap-
pointments with health care providers). 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of the Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Sen-
ate and the House of Representatives a report regarding 
the feasibility of implementing the recommendations in— 
(1) chapter 3 of the report of the Inspector 
General of the Department of Defense for fiscal year 
2020, ‘‘Ensuring Wellness and Wellbeing of Service- 
Members and their Families’’; and 
(2) the report, dated July 2019, of the National 
Academies of Science, Engineering and Medicine, ti-
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tled ‘‘Strengthening the Military Family Readiness 
System for a Changing American Society’’. 
SEC. 562. SUPPORT SERVICES FOR MEMBERS OF SPECIAL 
OPERATIONS FORCES AND IMMEDIATE FAM-
ILY MEMBERS. 
(a) IN GENERAL.—Section 1788a of title 10, United 
States Code, is amended— 
(1) by striking the heading and inserting 
‘‘Support programs: special operations 
forces personnel; immediate family mem-
bers’’; 
(2) in subsection (a)— 
(A) by inserting ‘‘(1)’’ before ‘‘Consistent’’; 
(B) by striking ‘‘for the immediate family 
members of members of the armed forces as-
signed to special operations forces’’; and 
(C) by adding at the end the following: 
‘‘(2) The Commander may enter into an agreement 
with a nonprofit entity to provide family support serv-
ices.’’. 
(3) in subsection (b)(1), by striking ‘‘the imme-
diate family members of members of the armed 
forces assigned to special operations forces’’ and in-
serting ‘‘covered individuals’’; 
(4) in subsection (d)(2)— 
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(A) in subparagraph (A), by striking ‘‘fam-
ily members of members of the armed forces as-
signed to special operations forces’’ and insert-
ing ‘‘covered individuals’’; and 
(B) in subparagraph (B), by striking 
‘‘family members of members of the armed 
forces assigned to special operations forces’’ 
and inserting ‘‘covered individuals’’; and 
(5) in subsection (e)(4)— 
(A) by inserting ‘‘psychological support, 
spiritual support, and’’ before ‘‘costs’’; 
(B) by striking ‘‘immediate family mem-
bers of members of the armed forces assigned 
to special operations forces’’ and inserting ‘‘cov-
ered personnel’’; and 
(C) by adding at the end the following: 
‘‘(5) The term ‘covered personnel’ means— 
‘‘(A) members of the Armed Forces (in-
cluding the reserve components) assigned to 
special operations forces; 
‘‘(B) support service personnel assigned to 
special operations; 
‘‘(C) individuals separated or retired from 
service described in subparagraph (A) or (B) 
for not more than three years; and 
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‘‘(D) immediate family members of individ-
uals described in subparagraphs (A) through 
(C).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 88 of title 10, United States 
Code, is amended by striking the item relating to section 
1788a and inserting the following: 
‘‘1788a. Support programs: special operations forces personnel; immediate fam-
ily members.’’. 
SEC. 563. AUTHORITY TO PROVIDE FINANCIAL ASSISTANCE 
TO CERTAIN IN-HOME CHILD CARE PRO-
VIDERS 
FOR 
MEMBERS 
OF 
THE 
ARMED 
FORCES AND SURVIVORS OF MEMBERS WHO 
DIE IN COMBAT IN THE LINE OF DUTY. 
(a) AUTHORITY.—Section 1798 of title 10, United 
States Code, is amended— 
(1) in subsection (a), in the matter preceding 
paragraph (1), by inserting ‘‘, or to an in-home child 
care provider,’’ after ‘‘youth program services’’; 
(2) by redesignating subsection (c) as sub-
section (d); and 
(3) by inserting after subsection (b) the fol-
lowing new subsection (c): 
‘‘(c) ELIGIBLE IN-HOME CHILD CARE PROVIDERS.— 
The Secretary may determine that an in-home child care 
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provider is eligible for financial assistance under this sec-
tion.’’. 
(b) IN-HOME CHILD CARE PROVIDER DEFINED.— 
Section 1800 of such title is amended by adding at the 
end the following: 
‘‘(5) The term ‘in-home child care provider’ 
means an individual (including a nanny, babysitter, 
or au pair) who provides child care services in the 
home of the child.’’. 
(c) REGULATIONS.—Not later than July 1, 2021, the 
Secretary of Defense shall prescribe regulations that es-
tablish eligibility requirements and amounts of financial 
assistance for an in-home child care provider under sub-
section (c) of section 1798 of title 10, United States Code, 
as amended by subsection (a). 
SEC. 564. EXPANSION OF FINANCIAL ASSISTANCE UNDER 
MY CAREER ADVANCEMENT ACCOUNT PRO-
GRAM. 
Section 580F of the National Defense Authorization 
Act for Fiscal Year 2020 (Public Law 116–92) is amend-
ed— 
(1) by inserting ‘‘or maintenance (including 
continuing education courses)’’ after ‘‘pursuit’’; and 
(2) by adding at the end the following: ‘‘Such 
financial assistance may be applied to the costs of 
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national tests that may earn a participating military 
spouse course credits required for a degree approved 
under the program (including the College Level Ex-
amination Program tests and the Subject Standard-
ized Tests of the Defense Activity for Non-Tradi-
tional Education Support Division of the Depart-
ment of Defense).’’ 
SEC. 565. CHILD CARE. 
(a) 24-HOUR CHILD CARE.—If the Secretary of De-
fense determines it feasible, the Secretary shall furnish 
child care to each child of a member of the Armed Forces 
or employee of the Department of Defense while that 
member or employee works on rotating shifts at a military 
installation. 
(b) METRICS.—Not later than 6 months after the 
date of the enactment of this Act, the Secretary of Defense 
shall develop and implement metrics to evaluate the effec-
tiveness of the child care priority system of the Depart-
ment of Defense, including— 
(1) the speed of placement for children of mem-
bers of the Armed Forces on active duty; 
(2) the type of child care offered; 
(3) available spaces in such system, if any; and 
(4) other metrics to monitor the child care pri-
ority system determined by the Secretary. 
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(c) REPORT.—Not later than 180 days after the date 
of the enactment of the Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Sen-
ate and the House of Representatives a report regarding 
the results of a study that evaluates— 
(1) the sufficiency of the stipend furnished by 
the Secretary to members of the Armed Forces for 
civilian child care; and 
(2) whether the amount of such stipend should 
be based on— 
(A) cost of living in the applicable locale; 
and 
(B) the capacity of licensed civilian child 
care providers in the local market. 
SEC. 566. CONTINUATION OF PAID PARENTAL LEAVE UPON 
DEATH OF CHILD. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of Defense shall amend 
the regulations prescribed pursuant to subsections (i) and 
(j) of section 701 of title 10, United States Code, to pro-
vide that the eligibility of primary and secondary care-
givers for paid parental leave that has already been ap-
proved shall not terminate upon the death of the child for 
whom such leave is taken. 
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SEC. 567. STUDY AND REPORT ON THE PERFORMANCE OF 
THE DEPARTMENT OF DEFENSE EDUCATION 
ACTIVITY. 
(a) STUDY.—The Secretary of Defense shall conduct 
a study on the performance of the Department of Defense 
Education Activity. 
(b) ELEMENTS.—The study under subsection (a) 
shall include the following: 
(1) A review of the curriculum relating to 
health, resiliency, and nutrition taught in schools op-
erated by the Department of Defense Education Ac-
tivity and a comparison of such curriculum to appro-
priate education benchmarks. 
(2) An analysis of the outcomes experienced by 
students in such schools, as measured by— 
(A) the performance of such students on 
the 
National 
Assessment 
of 
Educational 
Progress carried out under section 303(b)(3) of 
the 
National 
Assessment 
of 
Educational 
Progress 
Authorization 
Act 
(20 
U.S.C. 
9622(b)(3)); and 
(B) any other methodologies used by the 
Department of Defense Education Activity to 
measure individual student outcomes. 
(3) An assessment of the effectiveness of the 
School Liaison Officer program of the Department 
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of Defense Education Activity in achieving the goals 
of the program with an emphasis on goals relating 
to special education and family outreach. 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of the Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Sen-
ate and the House of Representatives a report that in-
cludes the findings of the study conducted under sub-
section (a). 
SEC. 
568. 
COMPTROLLER 
GENERAL 
OF 
THE 
UNITED 
STATES REPORT ON THE STRUCTURAL CON-
DITION OF DEPARTMENT OF DEFENSE EDU-
CATION ACTIVITY SCHOOLS. 
(a) REPORT REQUIRED.—Not later than 1 year after 
the date of the enactment of this Act, the Comptroller 
General of the United States shall submit to the congres-
sional defense committees a report setting forth an assess-
ment by the Comptroller General of the structural condi-
tion of schools of the Department of Defense Education 
Activity, both within the continental United States 
(CONUS) and outside the continental United States 
(OCONUS). 
(b) VIRTUAL SCHOOLS.—The report shall include an 
assessment of the virtual infrastructure or other means 
by which students attend Department of Defense Edu-
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cation Activity schools that have no physical structure, in-
cluding the satisfaction of the military families concerned 
with such infrastructure or other means. 
SEC. 569. PILOT PROGRAM TO EXPAND ELIGIBILITY FOR 
ENROLLMENT AT DOMESTIC DEPENDENT EL-
EMENTARY AND SECONDARY SCHOOLS. 
(a) PILOT PROGRAM AUTHORIZED.—Beginning not 
later than 180 days after the date of the enactment of 
this Act, the Secretary of Defense shall carry out a pilot 
program under which a dependent of a full-time, active- 
duty member of the Armed Forces may enroll in a covered 
DODEA school at the military installation to which the 
member is assigned, on a space-available basis as de-
scribed in subsection (c), without regard to whether the 
member resides on the installation as described in 
2164(a)(1) of title 10, United States Code. 
(b) PURPOSES.—The purposes of the pilot program 
under this section are— 
(1) to evaluate the feasibility and advisability of 
expanding enrollment in covered DODEA schools; 
and 
(2) to determine how increased access to such 
schools will affect military and family readiness. 
(c) ENROLLMENT ON SPACE-AVAILABLE BASIS.—A 
student participating in the pilot program under this sec-
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tion may be enrolled in a covered DODEA school only if 
the school has the capacity to accept the student, as deter-
mined by the Director of the Department of Defense Edu-
cation Activity. 
(d) LOCATIONS.—The Secretary of Defense shall 
carry out the pilot program under this section at not more 
than four military installations at which covered DODEA 
schools are located. The Secretary shall select military in-
stallations for participation in the program based on— 
(1) the readiness needs of the Secretary of a 
the military department concerned; and 
(2) the capacity of the DODEA schools located 
at the installation to accept additional students, as 
determined by the Director of the Department of 
Defense Education Activity. 
(e) TERMINATION.—The authority to carry out the 
pilot program under this section shall terminate 4 years 
after the date of the enactment of this Act. 
(f) COVERED DODEA SCHOOL DEFINED.—In this 
Section, the term ‘‘covered DODEA school’’ means a do-
mestic dependent elementary or secondary school operated 
by the Department of Defense Education Activity that— 
(1) has been established on or before the date 
of the enactment of this Act; and 
(2) is located in the continental United States. 
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SEC. 570. CONTINUED ASSISTANCE TO SCHOOLS WITH SIG-
NIFICANT NUMBERS OF MILITARY DEPEND-
ENT STUDENTS. 
(a) ASSISTANCE TO SCHOOLS WITH SIGNIFICANT 
NUMBERS OF MILITARY DEPENDENT STUDENTS.—Of the 
amount authorized to be appropriated for fiscal year 2021 
in division D of this Act and available for operation and 
maintenance for Defense-wide activities as specified in the 
funding table in section 4301 of this Act, $40,000,000 
shall be available only for the purpose of providing assist-
ance to local educational agencies under subsection (a) of 
section 572 of the National Defense Authorization Act for 
Fiscal Year 2006 (Public Law 109–163; 20 U.S.C. 
7703b). 
(b) IMPACT AID FOR CHILDREN WITH SEVERE DIS-
ABILITIES.—Of the amount authorized to be appropriated 
for fiscal year 2021 in division D of this Act and available 
for operation and maintenance for Defense-wide activities 
as specified in the funding table in section 4301 of this 
Act, $10,000,000 shall be available for payments under 
section 363 of the Floyd D. Spence National Defense Au-
thorization Act for Fiscal Year 2001 (Public Law 106– 
398; 20 U.S.C. 7703a). 
(c) LOCAL EDUCATIONAL AGENCY DEFINED.—In 
this section, the term ‘‘local educational agency’’ has the 
meaning given that term in section 7013(9) of the Ele-
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mentary and Secondary Education Act of 1965 (20 U.S.C. 
7713(9)). 
SEC. 570A. STANDARDIZATION OF THE EXCEPTIONAL FAM-
ILY MEMBER PROGRAM. 
(a) POLICY.—Not later than 6 months after the date 
of the enactment of this Act, the Secretary of Defense, 
in coordination with the Secretaries of the military depart-
ments, shall, to the extent practicable, standardize the Ex-
ceptional Family Member Program (in this section re-
ferred to as the ‘‘EFMP’’) across the military depart-
ments. 
(b) ELEMENTS.—The EFMP, standardized under 
subsection (a), shall include the following: 
(1) Processes for the identification and enroll-
ment of dependents of covered members with special 
needs. 
(2) A process for the permanent change of or-
ders for covered members, to ensure seamless con-
tinuity of services at the new permanent duty sta-
tion. 
(3) A review process for installations to ensure 
that health care furnished through the TRICARE 
program, special needs education programs, and in-
stallation-based family support programs are avail-
able to military families enrolled in the EFMP. 
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(4) A standardized respite care benefit across 
the covered Armed Forces, including the number of 
hours available under such benefit to military fami-
lies enrolled in the EFMP. 
(5) Outcomes and metrics to evaluate the 
EFMP. 
(6) A requirement that the Secretary of each 
military department provide a dedicated EFMP at-
torney, who specializes in education law, at each 
military installation— 
(A) the Secretary determines is a primary 
receiving installation for military families with 
special needs; and 
(B) in a State that the Secretary deter-
mines has historically not supported families 
enrolled in the EFMP. 
(7) The option for a family enrolled in the 
EFMP to continue to receive all services under that 
program and the bachelor allowance for housing if— 
(A) the covered member receives a new 
permanent duty station; and 
(B) the covered member and family elect 
for the family not to relocate with the covered 
member. 
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(8) A process to discuss policy challenges and 
opportunities, best practices adopted across the cov-
ered Armed Forces, a forum period for discussion 
with members of military families with special needs, 
and other matters the Secretary of Defense deter-
mines appropriate. 
(c) CASE MANAGEMENT.—The Secretary of Defense, 
in coordination with the Secretaries of the military depart-
ments, shall develop an EFMP case management model, 
including the following: 
(1) A single EFMP office, located at the head-
quarters of each covered Armed Force, to oversee 
implementation of the EFMP and coordinate health 
care services, permanent change of station order 
processing, and educational support services for that 
covered Armed Force. 
(2) An EFMP office at each military installa-
tion with case managers to assist each family of a 
covered member in the development of a plan that 
addresses the areas specified in subsection (b)(1). 
(d) REPORT.—Not later than 180 days after the date 
of the enactment of the Act, the Secretary of Defense shall 
submit to the Committees on Armed Services of the Sen-
ate and the House of Representatives a report on the im-
plementation of the items identified under subsections (a), 
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(b), and (c), including any recommendations of the Sec-
retary regarding legislation. 
(e) GAO REPORT.—Not later than 1 year after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall submit to the Committees on 
Armed Services of the Senate and the House of Represent-
atives a report on— 
(1) whether military families have higher rates 
of disputes and loss of free and appropriate public 
education under section 504 of the Rehabilitation 
Act of 1973 (Public Law 93–112; 29 U.S.C. 794) 
than civilian counterparts; and 
(2) an analysis of the number of due process 
hearings that were filed by school districts against 
children of members of the Armed Forces. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘covered Armed Force’’ means an 
Armed Force under the jurisdiction of the Secretary 
of a military department. 
(2) The term ‘‘covered member’’ means a mem-
ber— 
(A) of a covered Armed Force; and 
(B) with a dependent with special needs. 
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SEC. 570B. TRAINING PROGRAM REGARDING FOREIGN 
DISINFORMATION CAMPAIGNS. 
(a) ESTABLISHMENT.—Not later than September 30, 
2021, the Secretary of Defense shall establish a program 
for training members of the Armed Forces and employees 
of the Department of Defense regarding the threat of for-
eign disinformation campaigns specifically targeted at 
such individuals and the families of such individuals. 
(b) REPORT REQUIRED.—Not later than October 30, 
2021, the Secretary of Defense shall submit a report to 
the congressional defense committees regarding the pro-
gram under subsection (a). 
SEC. 570C. REOPENING OF CHILD CARE FACILITIES OF THE 
ENGINEER RESEARCH AND DEVELOPMENT 
CENTER. 
The Secretary of the Army shall reopen all child care 
facilities of the Engineer Research and Development Cen-
ter that were closed during fiscal year 2020. 
SEC. 570D. IMPROVEMENTS TO PARTNER CRITERIA OF THE 
MILITARY SPOUSE EMPLOYMENT PARTNER-
SHIP PROGRAM. 
(a) EVALUATION; UPDATES.—Not later than 160 
days after the date of the enactment of this Act, the Sec-
retary of Defense shall evaluate the partner criteria set 
forth in the Military Spouse Employment Partnership 
Program and implement updates that the Secretary deter-
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mines will improve such criteria without diminishing the 
need for partners to exhibit sound business practices, 
broad diversity efforts, and relative financial stability. 
Such updates shall expand the number of the following 
entities that meet such criteria: 
(1) Institutions of primary, secondary, and 
higher education. 
(2) Software and coding companies. 
(3) Local small businesses. 
(4) Companies that employ telework. 
(b) NEW PARTNERSHIPS.—Upon completion of the 
evaluation under subsection (a), the Secretary, in coopera-
tion with the Department of Labor, shall seek to enter 
into agreements with entities described in paragraphs (1) 
through (4) of subsection (a) that are located near mili-
tary installations (as that term is defined in section 2687 
of title 10, United States Code). 
(c) REVIEW; REPORT.—Not later than 1 year after 
implementation under subsection (a), the Secretary shall 
review updates under subsection (a) and publish a report 
regarding such review on a publicly-accessible website of 
the Department of Defense. Such report shall include the 
following: 
(1) Military spouse employment rates related to 
types of entities described in subsection (a). 
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(2) Application rates, website clicks, and other 
basic metrics that measure the interest level of mili-
tary spouses in types of entities described in sub-
section (a). 
(3) Recommendations for increasing military 
spouse employment opportunities in the types of en-
tities described in subsection (a). 
Subtitle H—Diversity and 
Inclusion 
SEC. 571. DIVERSITY AND INCLUSION REPORTING RE-
QUIREMENTS. 
(a) STANDARD DIVERSITY METRICS AND ANNUAL 
REPORTING REQUIREMENT.—Section 113 of title 10, 
United States Code is amended— 
(1) in subsection (c)— 
(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) a report from each military department on 
the goals, barriers, and status of diversity and inclu-
sion of that military department;’’; and 
(2) in subsection (g)(1)(B), by inserting after 
clause (vi), the following new clause (vii): 
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‘‘(vii) Strategic metrics and bench-
marks evaluating how the officer and en-
listed corps reflects the eligible United 
States population across all armed forces 
and ranks.’’; 
(3) by redesignating subsections (m) and (n) as 
subsections (n) and (o), respectively; and 
(4) by inserting after subsection (k), the fol-
lowing new subsections (l) and (m): 
‘‘(l)(1) The Secretary of Defense shall establish and 
maintain a standard set of strategic metrics and bench-
marks toward objectives of: 
‘‘(A) an officer and enlisted corps that reflects 
the eligible U.S. population across all armed forces 
and ranks; and 
‘‘(B) a military force that is able to prevail in 
its wars, prevent and deter conflict, defeat adver-
saries and succeed in a wide range of contingencies, 
and preserve and enhance the all-volunteer force. 
‘‘(2) In implementing the requirement in paragraph 
(1), the Secretary shall— 
‘‘(A) establish a universal data collection system 
to ensure comparability across each military depart-
ment; 
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‘‘(B) establish standard definitions of demo-
graphic groups, a common methodology, and a com-
mon reporting structure across each military depart-
ment; 
‘‘(C) conduct annual barrier analyses to review 
demographic diversity patterns across the military 
life cycle, starting with accessions; and 
‘‘(D) each year meet with the Secretaries of the 
military departments, the Chiefs of Staff of the 
armed forces, and the Chairman of the Joint Chiefs 
of Staff to assess progress towards the objective 
under paragraph (1) and establish recommendations 
to meet such objective. 
‘‘(m) The Secretary shall include in each national de-
fense strategy under subsection (g)— 
‘‘(1) the demographics, disaggregated by grade, 
ethnicity, race, gender, and military occupational 
specialty, for— 
‘‘(A) accession into the armed forces; 
‘‘(B) the enlisted corps; 
‘‘(C) the commissioned officers; 
‘‘(D) graduates of the military service 
academies; 
‘‘(E) the rate of promotion in the pro-
motion zone; 
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‘‘(F) the rate of promotion below the zone 
for promotion; 
‘‘(G) the rates of retention; 
‘‘(H) command selection; 
‘‘(I) special assignments; 
‘‘(J) career broadening assignments; 
‘‘(K) aides to general officers and flag offi-
cers; and 
‘‘(L) any other matter the Secretary deter-
mines appropriate; 
‘‘(2) an analysis of assignment patterns by eth-
nicity, race, and gender; 
‘‘(3) an analysis of attitudinal survey data by 
ethnicity, race, and gender; 
‘‘(4) an assessment of the available pool of 
qualified of Asian American, Native Hawaiian, Pa-
cific Islander, African American, Hispanic, Puerto 
Rican, Native American, Alaska Native and female 
candidates for pay grades O–9 and O–10; 
‘‘(5) identification of persistent, group-specific 
deviations from overall averages and plans to inves-
tigate underlying causes; and 
‘‘(6) summaries of progress made on previous 
actions.’’. 
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(b) NATIONAL GUARD DIVERSITY REPORTING.—Sec-
tion 10504 of title 10, United States Code is amended 
by adding at the end the following new subsection (d): 
‘‘(d) REPORT ON DIVERSITY AND INCLUSION.— 
‘‘(1) IN GENERAL.—Not less than once every 
four years, the Chief of the National Guard Bureau 
shall report in writing to the Secretary of Defense 
and the Congress on the status of diversity in each 
State, Territory, and the District of Columbia for all 
ranks of the Army and Air National Guard. 
‘‘(2) ELEMENTS.—Each report under para-
graph (1) shall include— 
‘‘(A) the demographics, disaggregated by 
State, grade, ethnicity, race, gender, and mili-
tary occupational specialty, for— 
‘‘(i) 
accession 
into 
the 
National 
Guard; 
‘‘(ii) the enlisted corps; 
‘‘(iii) the commissioned officers; 
‘‘(iv) the rate of promotion in the pro-
motion zone; 
‘‘(v) the rate of promotion below the 
zone for promotion; 
‘‘(vi) the rates of retention; 
‘‘(vii) command selection; 
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‘‘(viii) special assignments; 
‘‘(ix) career broadening assignments; 
‘‘(x) aides to a general officer; and 
‘‘(xi) any other matter the Chief of 
the National Guard Bureau determines ap-
propriate; 
‘‘(B) an analysis of assignment patterns by 
ethnicity, race, and gender; 
‘‘(C) an analysis of attitudinal survey data 
by ethnicity, race, and gender; 
‘‘(D) an assessment of the available pool of 
qualified of Asian American, Native Hawaiian, 
Pacific Islander, African American, Hispanic, 
Puerto Rican, Native American, Alaska Native 
and female candidates for pay grades O–9 and 
O–10; 
‘‘(E) identification of persistent, group-spe-
cific deviations from overall averages and plans 
to investigate underlying causes; and 
‘‘(F) summaries of progress made on pre-
vious actions. 
‘‘(3) PUBLIC AVAILABILITY.—The Chief of the 
National Guard Bureau shall— 
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‘‘(A) publish on an appropriate publicly 
available website of the National Guard the re-
ports required under paragraph (1); and 
‘‘(B) ensure that any data included with 
the report is made available in a machine-read-
able format that is downloadable, searchable, 
and sortable.’’. 
(c) COAST GUARD DIVERSITY REPORTING.—Section 
5101 of title 14, United States Code is amended— 
(1) in subsection (b)— 
(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) the goals, barriers, and status of diversity 
and inclusion;’’; and 
(3) by adding at the end the following new sub-
section (c): 
‘‘(c) Not less than once every 4 years, the Secretary 
shall include in the annual request under subsection (a)— 
‘‘(1) the demographics, disaggregated by grade, 
ethnicity, race, gender, and military occupational 
specialty, for— 
‘‘(A) accession into the Coast Guard; 
‘‘(B) the enlisted corps; 
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‘‘(C) the commissioned officers; 
‘‘(D) graduates of the Coast Guard Acad-
emy; 
‘‘(E) the rate of promotion in the pro-
motion zone; 
‘‘(F) the rate of promotion below the zone 
for promotion; 
‘‘(G) the rates of retention; 
‘‘(H) command selection; 
‘‘(I) special assignments; 
‘‘(J) career broadening assignments; 
‘‘(K) aides to a flag officer; and 
‘‘(L) any other matter the Secretary deter-
mines appropriate; 
‘‘(2) an analysis of assignment patterns by eth-
nicity, race, and gender; 
‘‘(3) an analysis of attitudinal survey data by 
ethnicity, race, and gender; 
‘‘(4) an assessment of the available pool of 
qualified of Asian American, Native Hawaiian, Pa-
cific Islander, African American, Hispanic, Puerto 
Rican, Native American, Alaska Native and female 
candidates for pay grades O–9 and O–10; 
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‘‘(5) identification of persistent, group-specific 
deviations from overall averages and plans to inves-
tigate underlying causes; and 
‘‘(6) summaries of progress made on previous 
actions.’’. 
(d) REQUIREMENT TO CONSIDER MINORITY OFFI-
CERS FOR O–9 AND O–10 GRADES.— 
(1) ARMY, NAVY, AIR FORCE, MARINE CORPS, 
AND SPACE FORCE.—Section 601 of title 10, United 
States Code is amended by adding at the end the 
following new subsections: 
‘‘(e) The Chairman of the Joint Chiefs of Staff shall 
consider all Asian American, Native Hawaiian, Pacific Is-
lander, African American, Hispanic, Puerto Rican, Native 
American, Alaska Native and female candidates prior to 
recommending to the President an initial appointment to 
the grade of lieutenant general or vice admiral, or an ini-
tial appointment to the grade of general or admiral. 
‘‘(f) When seeking the advice and consent of the Sen-
ate under subsection (a), the President shall submit to the 
Committee on Armed Services of the Senate a certification 
that— 
‘‘(1) all Asian American, Native Hawaiian, Pa-
cific Islander, African American, Hispanic, Puerto 
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Rican, Native American, Alaska Native and female 
candidates were considered for appointment; and 
‘‘(2)(A) none of the candidates under subpara-
graph (A) met the qualifications needed by an offi-
cer serving in that position or office to carry out ef-
fectively the duties and responsibilities of that posi-
tion or office; or 
‘‘(B) the officers in the positions designated 
under subsection (a) represent the diversity of the 
armed forces to the extent practicable.’’. 
(2) COAST GUARD.—Section 305(a) of title 14, 
United States Code, is amended by adding at the 
end the following new paragraphs: 
‘‘(4) The Commandant shall consider all Asian Amer-
ican, Native Hawaiian, Pacific Islander, African Amer-
ican, Hispanic, Puerto Rican, Native American, Alaska 
Native and female candidates prior to recommending to 
the President an initial appointment to the grade of vice 
admiral, or an initial appointment to the grade of admiral. 
‘‘(5) When seeking the advice and consent of the Sen-
ate under subsection (a), the President shall submit to the 
committee of the Senate with jurisdiction over the depart-
ment in which the Coast Guard is operating a certification 
that— 
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‘‘(A) all Asian American, Native Hawaiian, Pa-
cific Islander, African American, Hispanic, Puerto 
Rican, Native American, Alaska Native and female 
candidates were considered for appointment; and 
‘‘(B)(i) none of the candidates under subpara-
graph (A) met the qualifications needed by an offi-
cer serving in that position or office to carry out ef-
fectively the duties and responsibilities of that posi-
tion or office; or 
‘‘(ii) the officers in the positions designated 
under subsection (a) represent the diversity of the 
armed forces to the extent practicable.’’. 
SEC. 572. ESTABLISHMENT OF DIVERSITY AND INCLUSION 
ADVISORY COUNCIL OF THE DEPARTMENT 
OF DEFENSE. 
(a) ESTABLISHMENT.—Chapter 7 of title 10, United 
States Code, is amended by inserting before section 187 
the following: 
‘‘§ 186. Diversity and Inclusion Advisory Council 
‘‘(a) ESTABLISHMENT.—The Secretary of the De-
partment of Defense (referred to in this section as the 
‘Secretary’) shall establish a council to be known as the 
‘Diversity and Inclusion Advisory Council of the Depart-
ment of Defense’ (referred to in this section as the ‘Coun-
cil’). 
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‘‘(b) DUTIES.—The Council shall provide advice and 
recommendations to the Secretary on matters concerning 
diversity and inclusion in the Department of Defense, re-
lating to the following: 
‘‘(1) Aligning diversity and inclusion with the 
strategic goals of the Department of Defense. 
‘‘(2) Conducting strategic outreach efforts to 
identify, attract, and recruit individuals that rep-
resent the demographic diversity of the United 
States. 
‘‘(3) Developing, mentoring, and retaining a di-
verse and inclusive Armed Forces. 
‘‘(4) 
Encouraging 
leadership 
development 
through diversity and inclusion practices and proc-
esses. 
‘‘(c) MEMBERSHIP.— 
‘‘(1) IN GENERAL.—The Council shall be com-
posed of not fewer than 22 members, including the 
Federal officials and officers specified in paragraph 
(2), and not fewer than 12 members appointed by 
the Secretary from nongovernmental positions de-
scribed in paragraph (3). 
‘‘(2) FEDERAL OFFICIALS AND OFFICERS.—The 
Federal officials and officers specified in this para-
graph are the following: 
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‘‘(A) The Chief Diversity Officer of the 
Department of Defense. 
‘‘(B) The Under Secretary of Defense for 
Personnel and Readiness. 
‘‘(C) The Chief of Staff of the Army. 
‘‘(D) The Chief of Naval Operations. 
‘‘(E) The Chief of Staff of the Air Force. 
‘‘(F) The Chief of Space Operations. 
‘‘(G) The Chief of Staff of the Air Force. 
‘‘(H) The Commandant of the Marine 
Corps. 
‘‘(I) The Commandant of the Coast Guard. 
‘‘(J) The Chief of the National Guard Bu-
reau. 
‘‘(3) NONGOVERNMENTAL
POSITIONS.—Non-
governmental positions described in this paragraph 
are the following: 
‘‘(A) Five presidents or chancellors of in-
stitutions of higher education, including private 
and public institutions representing diverse 
areas of the United States. 
‘‘(B) Senior leaders of the defense indus-
tries of the United States. 
‘‘(C) Senior leaders of veterans or military 
service organizations. 
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‘‘(D) Veterans (as defined in section 101 
of title 38). 
‘‘(E) Others determined appropriate by the 
Secretary. 
‘‘(4) TIMING
OF
APPOINTMENTS.—Appoint-
ments to the Council shall be made not later than 
four months after the date of the enactment of this 
Act. 
‘‘(5) TERMS.— 
‘‘(A) IN GENERAL.—Each member shall be 
appointed for a term of two years. 
‘‘(B) VACANCIES.—Any member appointed 
to fill a vacancy occurring before the expiration 
of the term for which the member’s predecessor 
was appointed shall be appointed only for the 
remainder of that term. A member may serve 
after the expiration of that term until a suc-
cessor has been appointed. 
‘‘(6) CHAIRPERSON AND VICE CHAIRPERSON.— 
‘‘(A) CHAIRPERSON.—The Chairperson of 
the Council shall be the Chief Diversity Officer 
of the Department of Defense. 
‘‘(B) 
VICE
CHAIRPERSON.—The 
Vice 
Chairperson shall be designated by the Sec-
retary at the time of the appointment of the 
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members pursuant to paragraph (4), and when 
a vacancy of the Vice Chairperson occurs, as 
the case may be. 
‘‘(d) MEETING.— 
‘‘(1) MEETINGS.—The Council shall meet not 
fewer than four times each year at the call of the 
Chairperson or Vice Chairperson. 
‘‘(2) QUORUM.—Twelve members of the Coun-
cil, including six appointed under subsection (c)(2) 
and six appointed under subsection (c)(3), shall con-
stitute a quorum. 
‘‘(e) COMPENSATION.— 
‘‘(1) PROHIBITION ON COMPENSATION.—Except 
as provided in paragraph (2), members of the Coun-
cil may not receive additional pay, allowances, or 
benefits by reason of their service on the Council. 
‘‘(2) TRAVEL EXPENSES.—Each member shall 
receive travel expenses, including per diem in lieu of 
subsistence, in accordance with applicable provisions 
under subchapter I of chapter 57 of title 5. 
‘‘(f) ADMINISTRATIVE SUPPORT SERVICES.—Upon 
the request of the Council, the Secretary shall provide to 
the Council, on a reimbursable basis, the administrative 
support services necessary for the Council to carry out its 
responsibilities under this Act. 
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‘‘(g) REPORTS.—Not later than 180 days after the 
date on which the Council holds its initial meeting under 
subsection (d) and annually thereafter, the Council shall 
submit to the congressional defense committees a report 
containing a detailed statement of the advice and rec-
ommendations of the Council pursuant to subsection (b).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 7 of title 10, United States 
Code, is amended by inserting before the item relating to 
section 187 the following: 
‘‘186. Diversity and Inclusion Advisory Council.’’. 
SEC. 573. ESTABLISHMENT OF SPECIAL INSPECTOR GEN-
ERAL FOR RACIAL AND ETHNIC DISPARITIES 
IN THE ARMED FORCES; AMENDMENTS TO IN-
SPECTOR GENERAL ACT. 
(a) SPECIAL INSPECTOR GENERAL FOR RACIAL AND 
ETHNIC DISPARITIES IN THE ARMED FORCES.— 
(1) PURPOSES.—The purposes of this section 
are the following: 
(A) To provide for the independent and ob-
jective conduct and supervision of audits and 
investigations relating to racial and ethnic dis-
parities in military personnel and military jus-
tice systems, and white supremacy among mili-
tary personnel. 
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(B) To provide recommendations to the 
Secretary of Defense and to Congress on ac-
tions necessary to eliminate racial and ethnic 
disparities in military personnel and military 
justice systems. 
(2) OFFICE
OF
INSPECTOR
GENERAL.—To 
carry out the purposes of paragraph (1), there is 
hereby established, in the Department of Defense, 
the Office of the Special Inspector General for Ra-
cial and Ethnic Disparities in the Armed Forces. 
(3) APPOINTMENT OF INSPECTOR GENERAL.— 
(A) 
NOMINATION; 
APPOINTMENT.—The 
head of the Office of the Special Inspector Gen-
eral for Racial and Ethnic Disparities is the 
Special Inspector General for Racial and Ethnic 
Disparities (in this section referred to as the 
‘‘Inspector General’’), who shall be appointed 
by the President, by and with the advice and 
consent of the Senate. 
(B) QUALIFICATIONS.—The appointment 
of the Inspector General shall be made solely on 
the basis of integrity and demonstrated ability 
in accounting, auditing, financial analysis, law, 
management analysis, public administration, or 
investigations. 
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(C) DEADLINE
FOR
NOMINATION.—The 
nomination of an individual as Inspector Gen-
eral shall be made not later than 90 days after 
the date of the enactment of this Act. 
(D) COMPENSATION.—The annual rate of 
basic pay of the Inspector General shall be the 
annual rate of basic pay provided for positions 
at level IV of the Executive Schedule under sec-
tion 5315 of title 5, United States Code. 
(E) PROHIBITION
ON
POLITICAL
ACTIVI-
TIES.—For purposes of section 7324 of title 5, 
United States Code, the Inspector General shall 
not be considered an employee who determines 
policies to be pursued by the United States in 
the nationwide administration of Federal law. 
(F) REMOVAL.—The Inspector General 
shall be removable from office in accordance 
with the provisions of section 3(b) of the In-
spector General Act of 1978 (5 U.S.C. App.). 
(4) ASSISTANT
INSPECTORS
GENERAL.—The 
Inspector General shall, in accordance with applica-
ble laws and regulations governing the civil service, 
appoint an Assistant Inspector General for Military 
Justice who shall have the responsibility for auditing 
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and investigation activities relating to racial and eth-
nic disparities within the military justice system. 
(5) SUPERVISION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Inspector General shall 
report directly to, and be under the general su-
pervision of the Secretary of Defense. 
(B) INDEPENDENCE TO CONDUCT INVES-
TIGATIONS AND AUDITS.—No officer of the De-
partment of Defense shall prevent or prohibit 
the Inspector General from initiating, carrying 
out, or completing any audit or investigation re-
lated to racial and ethnic disparities or from 
issuing any subpoena during the course of any 
such audit or investigation. 
(6) DUTIES.— 
(A) OVERSIGHT OF MILITARY JUSTICE.—It 
shall be the duty of the Inspector General to 
conduct, supervise, and coordinate audits and 
investigations of— 
(i) the effect of military justice poli-
cies and practices on racial and ethnic dis-
parities, including overrepresentation of 
minorities in actions related to investiga-
tions, courts-martial, nonjudicial punish-
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ments, and other military justice actions as 
determined by the Inspector General; 
(ii) the effect of military personnel 
policies and practices, including recruiting, 
accessions, and promotions, on racial and 
ethnic disparities, including underrepresen-
tation of minorities among members of the 
Armed Forces under the jurisdiction of the 
Secretary of a military department in 
grades above E–7; 
(iii) the scope and efficacy of existing 
diversity and inclusion offices and pro-
grams within the Department of Defense; 
and 
(iv) 
white 
supremacist 
activities 
among military personnel and any other 
issues, determined by the Inspector Gen-
eral, necessary to address racial and ethnic 
disparities within the Armed Forces under 
the jurisdiction of the Secretary of a mili-
tary department. 
(B) OTHER
DUTIES
RELATED
TO
OVER-
SIGHT.—The Inspector General shall establish, 
maintain, and oversee such systems, procedures, 
and controls as the Inspector General considers 
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appropriate to discharge the duties under sub-
paragraph (A). 
(C) 
DUTIES
AND
RESPONSIBILITIES 
UNDER INSPECTOR GENERAL ACT OF 1978.—In 
addition to the duties specified in subpara-
graphs (A) and (B), the Inspector General shall 
also have the duties and responsibilities of in-
spectors general under the Inspector General 
Act of 1978. 
(D) COORDINATION OF EFFORTS.—In car-
rying out the duties, responsibilities, and au-
thorities of the Inspector General under this 
section, the Inspector General shall coordinate 
with, and receive the cooperation of each of the 
following: 
(i) The Inspector General of the De-
partment of Defense. 
(ii) The Inspector General of the 
Army. 
(iii) The Inspector General of the 
Navy. 
(iv) The Inspector General of the Air 
Force. 
(7) POWERS AND AUTHORITIES.— 
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(A) AUTHORITIES UNDER INSPECTOR GEN-
ERAL ACT OF 1978.—In carrying out the duties 
specified in paragraph (6), the Inspector Gen-
eral shall have the authorities provided in sec-
tion 6 of the Inspector General Act of 1978. 
(B) AUDIT
STANDARDS.—The Inspector 
General shall carry out the duties specified in 
paragraph (6)(A) in accordance with section 
4(b)(1) of the Inspector General Act of 1978. 
(8) PERSONNEL, FACILITIES, AND OTHER RE-
SOURCES.— 
(A) PERSONNEL.—The Inspector General 
may select, appoint, and employ such officers 
and employees as may be necessary for carrying 
out the duties of the Inspector General, subject 
to the provisions of title 5, United States Code, 
governing appointments in the competitive serv-
ice, and the provisions of chapter 51 and sub-
chapter III of chapter 53 of such title, relating 
to classification and General Schedule pay 
rates. 
(B) EMPLOYMENT OF EXPERTS AND CON-
SULTANTS.—The Inspector General may obtain 
services as authorized by section 3109 of title 
5, United States Code, at daily rates not to ex-
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ceed the equivalent rate prescribed for grade 
GS–15 of the General Schedule by section 5332 
of such title. 
(C) CONTRACTING
AUTHORITY.—To the 
extent and in such amounts as may be provided 
in advance by appropriations Acts, the Inspec-
tor General may enter into contracts and other 
arrangements for audits, studies, analyses, and 
other services with public agencies and with pri-
vate persons, and make such payments as may 
be necessary to carry out the duties of the In-
spector General. 
(D) RESOURCES.—The Secretary of De-
fense, as appropriate, shall provide the Inspec-
tor General with appropriate and adequate of-
fice space at appropriate locations of the De-
partment of Defense, together with such equip-
ment, office supplies, and communications fa-
cilities and services as may be necessary for the 
operation of such offices, and shall provide nec-
essary maintenance services for such offices and 
the equipment and facilities located therein. 
(E) ASSISTANCE
FROM
FEDERAL
AGEN-
CIES.— 
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(i) IN
GENERAL.—Upon request of 
the Inspector General for information or 
assistance from any department, agency, 
or other entity of the Federal Government, 
the head of such entity shall, insofar as is 
practicable and not in contravention of any 
existing law, furnish such information or 
assistance to the Inspector General, or an 
authorized designee. 
(ii) REPORTING OF REFUSED ASSIST-
ANCE.—Whenever information or assist-
ance requested by the Inspector General is, 
in the judgment of the Inspector General, 
unreasonably refused or not provided, the 
Inspector General shall report the cir-
cumstances to the Secretary of Defense, as 
appropriate, and to the appropriate con-
gressional committees without delay. 
(9) REPORTS.— 
(A) QUARTERLY
REPORTS.—Not later 
than 30 days after the end of each fiscal-year 
quarter, the Inspector General shall submit 
quarterly reports to the Secretary of Defense 
and the congressional defense committees sum-
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marizing the activities of the Inspector General 
for the previous quarter. 
(B) ANNUAL
REPORTS.—The Inspector 
General shall submit annual reports to the Sec-
retary of Defense and the congressional defense 
committees presenting recommendations for 
changes to policy, practice, regulation, and stat-
ute to eliminate disparities within the military 
personnel and military justice systems and to 
eliminate white supremacist activities among 
military personnel. Each such report shall in-
clude an accounting and detailing of every inci-
dent of white supremacist activity documented 
in the Department of Defense. 
(C) OCCASIONAL REPORTS.—The Inspector 
General shall, from time to time, submit addi-
tional reports containing findings and rec-
ommendations at the discretion of the Inspector 
General. 
(D) ONLINE PUBLICATION.—The Inspector 
General shall publish each report under this 
paragraph on a publicly available website not 
later than 7 days after submission to the Sec-
retary of Defense and the congressional defense 
committees. 
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(10) FUNDING.—This section shall be carried 
out using not more than $10,000,000 of funds au-
thorized to be appropriated in this Act for Operation 
and Maintenance, Defense-wide, and no additional 
amounts are authorized to be appropriated to carry 
out this section. 
(b) AMENDMENTS
TO
THE INSPECTOR GENERAL 
ACT.—The Inspector General Act of 1978 (5 U.S.C. App.) 
is amended— 
(1) in section 3(b)— 
(A) by inserting ‘‘(1)’’ before ‘‘An Inspec-
tor General’’; 
(B) by inserting after the first sentence 
the following: ‘‘An Inspector General may only 
be removed by the President before the expira-
tion of the term of the Inspector General for 
permanent incapacity, neglect of duty, malfea-
sance, conviction of a felony or conduct involv-
ing moral turpitude, knowing violation of a law, 
gross mismanagement, gross waste of funds, or 
abuse of authority.’’; and 
(C) by adding at the end the following new 
paragraphs: 
‘‘(2) If an Inspector General is removed by the Presi-
dent under paragraph (1) fewer than 30 days after the 
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President has communicated in writing the reasons for 
such removal pursuant to paragraph (1), the Inspector 
General shall submit to the Council of the Inspectors Gen-
eral on Integrity and Efficiency a report that includes the 
following information: 
‘‘(A) A description of the facts and cir-
cumstances of each investigation involving a senior 
government employee (as defined in section 5 of this 
Act) being conducted by that Inspector General at 
the time of such removal. 
‘‘(B) Any other matter that the Inspector Gen-
eral determines to include. 
‘‘(3) Any individual serving as the head of an Office 
of Inspector General, after the removal of an Inspector 
General under paragraph (1), shall issue to the Council 
of the Inspectors General on Integrity and Efficiency a 
report identifying any instances in which an investigation 
or matter described in paragraph (2) is closed prior to 
its completion, with a description of the reasons for closing 
the investigation or matter.’’; and 
(2) in section 8G(e), by adding at the end the 
following new paragraph: 
‘‘(3) In the event of the removal of an Inspector Gen-
eral, the Council of the Inspectors General on Integrity 
and Efficiency shall— 
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‘‘(A) investigate the reasons for removal pro-
vided by the President; 
‘‘(B) publish a report including the determina-
tion of the Council whether the reasons described in 
subparagraph (A) are in accordance with the rel-
evant provisions relating to for cause removal; 
‘‘(C) review any investigation that was being 
conducted by the Inspector General at the time of 
such removal; and 
‘‘(D) submit, to the congressional committees 
the Council determine to be relevant, a report that 
includes the determination of the Council whether an 
investigation described in subparagraph (C) moti-
vated such removal.’’. 
SEC. 574. QUESTIONS REGARDING RACISM, ANTI-SEMITISM, 
AND SUPREMACISM IN WORKPLACE SURVEYS 
ADMINISTERED BY THE SECRETARY OF DE-
FENSE. 
Section 593 of the National Defense Authorization 
Act for Fiscal Year 2020 (Public Law 116–92) is amend-
ed, in paragraph (1), by inserting ‘‘, racist, xenophobic, 
anti-Semitic, or supremacist’’ after ‘‘extremist’’. 
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SEC. 575. REPORT ON DEMOGRAPHICS OF OFFICERS AP-
POINTED TO CERTAIN GRADES. 
Not later than the first October 1 to occur after the 
date of the enactment of this Act, and annually thereafter, 
each Secretary of a military department shall submit to 
the Committees on Armed Services of the Senate and 
House of Representatives a report summarizing the gen-
der and race of each individual who received an appoint-
ment under section 531 or 601 of title 10, United States 
Code, during the immediately preceding fiscal year. 
SEC. 576. PLANS TO INCREASE FEMALE AND MINORITY 
REPRESENTATION IN THE ARMED FORCES. 
(a) PLANS REQUIRED.—The Secretary of Defense 
and each Secretary of a military department shall develop 
plans to increase, with respect to female and minority 
members of the Armed Forces and cadets or midshipmen 
under the jurisdiction of that Secretary, the following: 
(1) Recruitment. 
(2) Retention. 
(3) Representation in grades above E–7. 
(b) ELEMENTS.—Each plan developed under this sec-
tion shall include clearly defined goals, performance meas-
ures, and timeframes. 
(c) GOALS.—A goal under subsection (b) shall be to 
exceed, by not less than 100 percent, the rate at which 
the number of members described in subsection (a)(3) in-
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creased during the 5 years immediately preceding the date 
of the enactment of this Act. 
(d) SUBMITTAL.—Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense 
and each Secretary of a military department shall submit 
to the committees on Armed Services of the Senate and 
the House of Representatives a copy of each plan devel-
oped under this section by that Secretary. 
(e) REPORT.—Three months after submitting a plan 
under subsection (d) and quarterly thereafter for 5 years, 
the Secretary of Defense and each Secretary of a military 
department shall submit to the committees on Armed 
Services of the Senate and the House of Representatives 
a report indicating the number of female and minority 
members in grades above E–7 in each Armed Force under 
the jurisdiction of that Secretary. 
SEC. 577. EVALUATION OF BARRIERS TO MINORITY PAR-
TICIPATION 
IN 
CERTAIN 
UNITS 
OF 
THE 
ARMED FORCES. 
(a) STUDY REQUIRED.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the enactment of this Act, the Under 
Secretary of Defense for Personnel and Readiness 
shall seek to enter into an agreement with a feder-
ally funded research and development center with 
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relevant expertise to conduct an evaluation of the 
barriers to minority participation in covered units of 
the Armed Forces. 
(2) ELEMENTS.—The evaluation required under 
paragraph (1) shall include the following elements: 
(A) A description of the racial, ethnic, and 
gender composition of covered units. 
(B) A comparison of the participation 
rates of minority populations in covered units to 
participation rates of the general population as 
members and as officers of the Armed Forces. 
(C) A comparison of the percentage of mi-
nority officers in the grade of O–7 or higher 
who have served in each covered unit to such 
percentage for all such officers in the Armed 
Force of that covered unit. 
(D) An identification of barriers to minor-
ity (including English language learners) par-
ticipation in the recruitment, accession, assess-
ment, and training processes. 
(E) The status and effectiveness of the re-
sponse to the recommendations contained in the 
report of the RAND Corporation titled ‘‘Bar-
riers to Minority Participation in Special Oper-
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ations Forces’’ and any follow-up recommenda-
tions. 
(F) Recommendations to increase the num-
bers of minority officers in the Armed Forces. 
(G) Recommendations to increase minority 
participation in covered units. 
(H) Any other matters the Secretary deter-
mines appropriate. 
(3) REPORT
TO
CONGRESS.—The Secretary 
shall— 
(A) submit to the congressional defense 
committees a report on the results of the study 
by not later than January 1, 2022; and 
(B) provide interim briefings to such com-
mittees upon request. 
(b) DESIGNATION.—The study conducted under sub-
section (a) shall be known as the ‘‘Study on Reducing Bar-
riers to Minority Participation in Elite Units in the Armed 
Services’’. 
(c) IMPLEMENTATION REQUIRED.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), not later than March 1, 2023, the Sec-
retary of Defense shall commence the implementa-
tion of each recommendation included in the final 
report submitted under subsection (a)(3). 
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(2) EXCEPTIONS.— 
(A) 
DELAYED
IMPLEMENTATION.—The 
Secretary of Defense may commence implemen-
tation of a recommendation described para-
graph (1) later than March 1, 2023, if— 
(i) the Secretary submits to the con-
gressional defense committees, not later 
than January 1, 2023, written notice of 
the intent of the Secretary to delay imple-
mentation of the recommendation; and 
(ii) includes, as part of such notice, a 
specific justification for the delay in imple-
menting the recommendation. 
(B) 
NONIMPLEMENTATION.—The 
Sec-
retary of Defense may elect not to implement a 
recommendation described in paragraph (1), 
if— 
(i) the Secretary submits to the con-
gressional defense committees, not later 
than January 1, 2023, written notice of 
the intent of the Secretary not to imple-
ment the recommendation; and 
(ii) includes, as part of such notice— 
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(I) the reasons for the Sec-
retary’s decision not to implement the 
recommendation; and 
(II) a summary of alternative ac-
tions the Secretary will carry out to 
address the purposes underlying the 
recommendation. 
(3) IMPLEMENTATION
PLAN.—For each rec-
ommendation that the Secretary implements under 
this subsection, the Secretary shall submit to the 
congressional defense committees an implementation 
plan that includes— 
(A) a summary of actions the Secretary 
has carried out, or intends to carry out, to im-
plement the recommendation; and 
(B) a schedule, with specific milestones, 
for completing the implementation of the rec-
ommendation. 
(d) COVERED UNITS DEFINED.—In this section, the 
term ‘‘covered units’’ means the following: 
(1) Army Special Forces. 
(2) Army Rangers. 
(3) Navy SEALs. 
(4) Air Force Combat Control Teams. 
(5) Air Force Pararescue. 
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(6) Air Force Special Reconnaissance. 
(7) Marine Raider Regiments. 
(8) Marine Corps Force Reconnaissance. 
(9) Coast Guard Maritime Security Response 
Team. 
(10) Any other forces designated by the Sec-
retary of Defense as special operations forces. 
(11) Pilot and navigator military occupational 
specialties. 
SEC. 578. REPORT TO CONGRESS ON EFFORTS TO IN-
CREASE DIVERSITY AND REPRESENTATION 
IN FILM, TELEVISION, AND PUBLISHING. 
(a) PROMULGATION OF POLICY.—The Secretary of 
Defense and each Secretary of a military department shall 
promulgate a policy to promote, to the maximum extent 
possible, the depiction of marginalized communities in 
projects with the film, television, and publishing industries 
carried out through the respective offices of public affairs. 
(b) CONSIDERATION
OF DEPICTION
OF CERTAIN 
COMMUNITIES.—The Secretary of Defense and each Sec-
retary of a military department shall consider the pro-
motion of a marginalized community as an affirmative fac-
tor in any decision to provide assistance to a production 
studio or publishing company through the respective of-
fices of public affairs. 
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(c) REPORT TO CONGRESS.—Not later than 180 days 
after the date of the enactment of this Act, the Secretary 
of Defense, in coordination with each Secretary of a mili-
tary department, shall submit to the congressional defense 
committees a report on— 
(1) the policies promulgated under subsection 
(a); and 
(2) the activities carried out by the Secretary of 
Defense and each such Secretary of a military de-
partment pursuant to such subsection. 
(d) DEFINITION OF MARGINALIZED COMMUNITY.— 
In this section, the term ‘‘marginalized community’’ 
means a community— 
(1) that is (or historically was) under-rep-
resented in the film, television, and publishing indus-
tries, including— 
(A) women; 
(B) racial and ethnic minorities; 
(C) individuals with disabilities; 
(D) members of the LGBTQ community; 
(E) individuals of all ages; and 
(F) other individuals from under-rep-
resented communities; and 
(2) whose members have served in the Armed 
Forces. 
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SEC. 579. PLAN TO IMPROVE RESPONSES TO PREGNANCY 
AND CHILDBIRTH BY MEMBERS OF THE 
ARMED FORCES AND EMPLOYEES OF THE DE-
PARTMENT OF DEFENSE. 
(a) PLAN REQUIRED.—The Secretary of Defense, in 
coordination with the Secretaries of the military depart-
ments, shall develop a plan to ensure that the career of 
a covered individual is not unduly affected because of 
being a covered individual. The plan shall address the fol-
lowing policy considerations: 
(1) Enforcement and implementation of the 
Pregnancy Discrimination Act (Public Law 95–555; 
42 U.S.C. 2000e(k)) by the Department of Defense 
and the Equal Employment Opportunity Commis-
sion with regards to civilian employees of the De-
partment of Defense. 
(2) The need for individual determinations re-
garding the ability of members of the Armed Forces 
to serve during and after pregnancy. 
(3) Responses to the effects specific to covered 
individuals who reintegrate into home life after de-
ployment. 
(4) Pregnancy discrimination training, includ-
ing comprehensive education of new policies to di-
minish stigma, stereotypes, and negative perceptions 
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