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Amendment SA 2301 to S. 4049, Defense Authorization — Congressional Record, Senate

Summary

Pages S3739 and S3740 of the Congressional Record, Senate, June 29, 2020, printing SA 2301, an amendment proposed by Mr. INHOFE to the bill S. 4049. The amendment would strike all after the enacting clause and insert the National Defense Authorization Act for Fiscal Year 2021. Section 2 of the printed text organizes the Act into six divisions. The pages carry the table of contents, which lists titles on procurement; research, development, test, and evaluation; operation and maintenance; and military personnel authorizations.

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“Amendment SA 2301 to S. 4049, Defense Authorization — Congressional Record, Senate.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-06-29-crec-2020-06-29-pt1-pgs3739-aa1258e916/, SHA-256 601e3eb7900778d9db95f19d2a2882d16c0429c4e36ea21ae715965c007694e8.

Full text

                                             June 29, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S3739
                                               (B) does not include a county.                        Sec. 125. Fighter force structure acquisition           TITLE II—RESEARCH, DEVELOPMENT,
                                               (b) GRANTS AUTHORIZED.—The Attorney                                strategy.                                           TEST, AND EVALUATION
                                             General shall establish a competitive grant             Sec. 126. Treatment of systems added by                Subtitle A—Authorization of Appropriations
                                             program to award grants to county law en-                            Congress in future President’s
                                             forcement agencies located in covered coun-                          budget requests.                          Sec. 201. Authorization of appropriations.
                                             ties to assist the law enforcement agencies             Sec. 127. Report on carrier wing composi-                  Subtitle B—Program Requirements,
                                             in hiring additional law enforcement offi-                           tion.                                             Restrictions, and Limitations
                                             cers.                                                   Sec. 128. Report on strategy to use ALQ–249            Sec. 211. Designation and activities of senior
                                               (c) APPLICATION.—A law enforcement agen-                           Next Generation Jammer to en-                          officials for critical technology
                                             cy seeking a grant under this section shall                          sure full spectrum electro-                            areas supportive of the Na-
                                             submit an application in such form, at such                          magnetic superiority.                                  tional Defense Strategy.
                                             time, and containing such information as the                   Subtitle D—Air Force Programs                   Sec. 212. Governance     of    fifth-generation
                                             Attorney General may require.                                                                                               wireless networking in the De-
                                               (d) SUPPLEMENT NOT SUPPLANT.—Amounts                  Sec. 141. Economic order quantity con-
                                                                                                                  tracting authority for F–35                            partment of Defense.
                                             awarded under this section shall supplement
                                                                                                                  joint strike fighter program.             Sec. 213. Application of artificial intel-
                                             and not supplant amounts otherwise awarded
                                                                                                     Sec. 142. Minimum aircraft levels for major                         ligence to the defense reform
                                             by the Attorney General to a law enforce-
                                                                                                                  mission areas.                                         pillar of the National Defense
                                             ment agency.
                                               (e) AUTHORIZATION OF APPROPRIATIONS.—                 Sec. 143. Minimum operational squadron                              Strategy.
                                             There are authorized to be appropriated to                           level.                                    Sec. 214. Extension of authorities to enhance
                                             the Attorney General $1,500,000,000 for fiscal          Sec. 144. Minimum Air Force bomber air-                             innovation at Department of
                                             year 2021 to carry out this section.                                 craft level.                                           Defense laboratories.
                                                                                                     Sec. 145. F–35 gun system.                             Sec. 215. Updates to Defense Quantum Infor-
                                               SA 2301. Mr. INHOFE proposed an                       Sec. 146. Prohibition on funding for Close                          mation Science and Technology
                                             amendment to the bill S. 4049, to au-                                Air Support Integration Group.                         Research and Development pro-
                                                                                                     Sec. 147. Limitation on divestment of KC–10                         gram.
                                             thorize appropriations for fiscal year
                                                                                                                  and KC–135 aircraft.                      Sec. 216. Program of part-time and term em-
                                             2021 for military activities of the De-                 Sec. 148. Limitation on retirement of U–2                           ployment at Department of De-
                                             partment of Defense, for military con-                               and RQ–4 aircraft.                                     fense science and technology
                                             struction, and for defense activities of                Sec. 149. Limitation on divestment of F–15C                         reinvention laboratories of fac-
                                             the Department of Energy, to prescribe                               aircraft in the European the-                          ulty and students from institu-
                                             military personnel strengths for such                                ater.                                                  tions of higher education.
                                             fiscal year, and for other purposes; as                 Sec. 150. Air base defense development and             Sec. 217. Improvements to Technology and
                                             follows:                                                             acquisition strategy.                                  National Security Fellowship of
                                                                                                     Sec. 151. Required solution for KC–46 air-                          Department of Defense.
                                               Strike all after the enacting clause and in-                       craft remote visual system lim-
                                             sert the following:                                                                                            Sec. 218. Department of Defense research,
                                                                                                                  itations.                                              development, and deployment
                                             SECTION 1. SHORT TITLE.                                 Sec. 152. Analysis of requirements and Ad-
                                               This Act may be cited as the ‘‘National De-                                                                               of technology to support water
                                                                                                                  vanced     Battle   Management                         sustainment.
                                             fense Authorization Act for Fiscal Year                              System capabilities.
                                             2021’’.                                                                                                        Sec. 219. Development      and     testing   of
                                                                                                     Sec. 153. Studies on measures to assess cost-                       hypersonic capabilities.
                                             SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS;                          per-effect for key mission
                                                         TABLE OF CONTENTS.                                                                                 Sec. 220. Disclosure requirements for recipi-
                                                                                                                  areas.                                                 ents of Department of Defense
                                               (a) DIVISIONS.—This Act is organized into             Sec. 154. Plan for operational test and util-
                                             six divisions as follows:                                                                                                   research     and      development
                                                                                                                  ity evaluation of systems for
                                               (1) Division A—Department of Defense Au-                                                                                  grants.
                                                                                                                  Low-Cost Attributable Aircraft
                                             thorizations.                                                        Technology program.                          Subtitle C—Plans, Reports, and Other
                                               (2) Division B—Military Construction Au-              Sec. 155. Prohibition on retirement or di-                                Matters
                                             thorizations.                                                        vestment of A–10 aircraft.                Sec. 231. Assessment on United States na-
                                               (3) Division C—Department of Energy Na-                                                                                   tional security emerging bio-
                                                                                                         Subtitle E—Defense-wide, Joint, and
                                             tional Security Authorizations and Other                                                                                    technology efforts and capabili-
                                                                                                                 Multiservice Matters
                                             Authorizations.                                                                                                             ties and comparison with adver-
                                               (4) Division D—Funding Tables.                        Sec. 171. Budgeting for life-cycle cost of air-
                                                                                                                  craft for the Navy, Army, and                          saries.
                                               (5) Division E—Additional Provisions.                                                                        Sec. 232. Independent comparative analysis
                                               (6) Division F—Intelligence Authorization                          Air Force: annual plan and cer-
                                                                                                                  tification.                                            of efforts by China and the
                                             Act for Fiscal Year 2021.                                                                                                   United States to recruit and re-
                                               (b) TABLE OF CONTENTS.—The table of con-              Sec. 172. Authority to use F–35 aircraft
                                                                                                                  withheld from delivery to Gov-                         tain researchers in national se-
                                             tents for this Act is as follows:
                                                                                                                  ernment of Turkey.                                     curity-related fields.
                                             Sec. 1. Short title.                                                                                           Sec. 233. Department of Defense demonstra-
                                             Sec. 2. Organization of Act into divisions;             Sec. 173. Transfer    from   Commander       of
                                                                                                                  United States Strategic Com-                           tion of virtualized radio access
                                                           table of contents.
                                             Sec. 3. Congressional defense committees.                            mand to Chairman of the Joint                          network and massive multiple
                                             Sec. 4. Budgetary effects of this Act.                               Chiefs of Staff of responsibil-                        input multiple output radio ar-
                                              DIVISION A—DEPARTMENT OF DEFENSE                                    ities and functions relating to                        rays for fifth generation wire-
                                                           AUTHORIZATIONS                                         electromagnetic spectrum oper-                         less networking.
                                                                                                                  ations.                                   Sec. 234. Independent technical review of
                                                       TITLE I—PROCUREMENT
                                                                                                     Sec. 174. Cryptographic         modernization                       Federal Communications Com-
                                             Subtitle A—Authorization of Appropriations                                                                                  mission Order 20–48.
                                                                                                                  schedules.
                                             Sec. 101. Authorization of appropriations.              Sec. 175. Prohibition on purchase of armed             Sec. 235. Report on and limitation on ex-
                                                      Subtitle B—Army Programs                                    overwatch aircraft.                                    penditure of funds for micro nu-
                                             Sec. 111. Integrated air and missile defense            Sec. 176. Special       operations      armed                       clear reactor programs.
                                                           assessment.                                            overwatch.                                Sec. 236. Modification to Test Resource
                                             Sec. 112. Report and limitation on Inte-                Sec. 177. Autonomic Logistics Information                           Management Center strategic
                                                           grated Visual Augmentation                             System redesign strategy.                              plan reporting cycle and con-
                                                           System acquisition.                       Sec. 178. Contract aviation services in a                           tents.
                                             Sec. 113. Modifications to requirement for                           country or in airspace in which           Sec. 237. Limitation on contract awards for
                                                           an interim cruise missile de-                          a Special Federal Aviation Reg-                        certain unmanned vessels.
                                                           fense capability.                                      ulation applies.                          Sec. 238. Documentation relating to the Ad-
                                                       Subtitle C—Navy Programs                      Sec. 179. F–35 aircraft munitions.                                  vanced     Battle     Management
                                             Sec. 121. Contract authority for Columbia-              Sec. 180. Airborne intelligence, surveillance,                      System.
                                                           class submarine program.                               and reconnaissance acquisition            Sec. 239. Armed Services Vocational Apti-
                                             Sec. 122. Limitation on Navy medium and                              roadmap for United States Spe-                         tude Battery Test special pur-




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                                                           large unmanned surface vessels.                        cial Operations Command.                               pose adjunct to address com-
                                             Sec. 123. Extension of prohibition on avail-            Sec. 181. Requirement to accelerate the                             putational thinking.
                                                           ability of funds for Navy water-                       fielding and development of                       TITLE III—OPERATION AND
                                                           borne security barriers.                               counter unmanned aerial sys-                             MAINTENANCE
                                             Sec. 124. Procurement authorities for cer-                           tems across the joint force.
                                                           tain amphibious shipbuilding              Sec. 182. Joint All Domain Command and                 Subtitle A—Authorization of Appropriations
                                                           programs.                                              Control requirements.                     Sec. 301. Authorization of appropriations.




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                                             S3740                                             CONGRESSIONAL RECORD — SENATE                                                          June 29, 2020
                                                 Subtitle B—Energy and Environment                   Sec. 377. Commission on the naming of                         Subtitle B—Reserve Component
                                             Sec. 311. Modifications and technical correc-                        items of the Department of De-                             Management
                                                           tions to ensure restoration of                         fense that commemorate the                Sec. 511. Exclusion of certain reserve gen-
                                                           contamination                 by                       Confederate States of America                           eral and flag officers on active
                                                           perfluorooctane sulfonate and                          or any person who served volun-                         duty from limitations on au-
                                                           perfluorooctanoic acid.                                tarily with the Confederate                             thorized strengths.
                                             Sec. 312. Readiness and Environmental Pro-                           States of America.
                                                                                                     Sec. 378. Modifications to review of proposed            Subtitle C—General Service Authorities
                                                           tection Integration Program
                                                           technical edits and clarifica-                         actions by Military Aviation              Sec. 516. Increased access to potential re-
                                                           tion.                                                  and     Installation   Assurance                        cruits.
                                             Sec. 313. Survey and market research of                              Clearinghouse.                            Sec. 517. Temporary authority to order re-
                                                           technologies for phase out by             Sec. 379. Adjustment in availability of ap-                          tired members to active duty in
                                                           Department of Defense of use of                        propriations for unusual cost                           high-demand, low-density as-
                                                           fluorinated aqueous film-form-                         overruns and for changes in                             signments during war or na-
                                                           ing foam.                                              scope of work.                                          tional emergency.
                                             Sec. 314. Modification of authority to carry            Sec. 380. Requirement that Secretary of De-            Sec. 518. Certificate of Release or Discharge
                                                           out military installation resil-                       fense implement security and                            from Active Duty (DD Form
                                                           ience projects.                                        emergency        response     rec-                      214) matters.
                                             Sec. 315. Native American Indian lands envi-                         ommendations relating to ac-              Sec. 519. Evaluation of barriers to minority
                                                           ronmental mitigation program.                          tive shooter or terrorist at-                           participation in certain units of
                                             Sec. 316. Energy resilience and energy secu-                         tacks on installations of De-                           the Armed Forces.
                                                           rity measures on military in-                          partment of Defense.                        Subtitle D—Military Justice and Related
                                                           stallations.                              Sec. 381. Clarification of food ingredient re-                             Matters
                                             Sec. 317. Modification to availability of en-                        quirements for food or bev-
                                                                                                                                                            PART I—INVESTIGATION, PROSECUTION, AND
                                                           ergy cost savings for Depart-                          erages provided by the Depart-
                                                                                                                                                             DEFENSE OF SEXUAL ASSAULT AND RELATED
                                                           ment of Defense.                                       ment of Defense.
                                                                                                                                                             MATTERS
                                             Sec. 318. Long-duration demonstration ini-                  TITLE IV—MILITARY PERSONNEL
                                                                                                                  AUTHORIZATIONS                            Sec. 521. Modification of time required for
                                                           tiative and joint program.
                                             Sec. 319. Pilot program on alternative fuel                                                                                  expedited decisions in connec-
                                                                                                               Subtitle A—Active Forces                                   tion with applications for
                                                           vehicle purchasing.                       Sec. 401. End strengths for active forces.                           change of station or unit trans-
                                                Subtitle C—Logistics and Sustainment                 Sec. 402. End strength level matters.                                fer of members who are victims
                                             Sec. 331. Repeal of statutory requirement                         Subtitle B—Reserve Forces                                  of sexual assault or related of-
                                                           for notification to Director of           Sec. 411. End strengths for Selected Reserve.                        fenses.
                                                           Defense Logistics Agency three            Sec. 412. End strengths for Reserves on ac-            Sec. 522. Defense Advisory Committee for
                                                           years prior to implementing                            tive duty in support of the re-                         the Prevention of Sexual Mis-
                                                           changes to any uniform or uni-                         serves.                                                 conduct.
                                                           form component.                           Sec. 413. End strengths for military techni-           Sec. 523. Report on ability of Sexual Assault
                                             Sec. 332. Clarification of limitation on                             cians (dual status).                                    Response Coordinators and Sex-
                                                           length of overseas forward de-            Sec. 414. Maximum number of reserve per-                             ual Assault Prevention and Re-
                                                           ployment of currently deployed                         sonnel authorized to be on ac-                          sponse Victim Advocates to
                                                           naval vessels.                                         tive duty for operational sup-                          perform duties.
                                                          Subtitle D—Reports                                      port.                                     Sec. 524. Briefing on Special Victims’ Coun-
                                             Sec. 351. Report on impact of permafrost                Sec. 415. Separate authorization by Congress                         sel program.
                                                           thaw on infrastructure, facili-                        of minimum end strengths for              Sec. 525. Accountability of leadership of the
                                                           ties, and operations of the De-                        non-temporary military techni-                          Department of Defense for dis-
                                                           partment of Defense.                                   cians (dual status) and max-                            charging the sexual harassment
                                             Sec. 352. Plans and reports on emergency re-                         imum end strengths for tem-                             policies and programs of the
                                                           sponse training for military in-                       porary military technicians                             Department.
                                                           stallations.                                           (dual status).                            Sec. 526. Safe-to-report policy applicable
                                             Sec. 353. Report on implementation by De-               Subtitle C—Authorization of Appropriations                           across the Armed Forces.
                                                           partment of Defense of require-           Sec. 421. Military personnel.                          Sec. 527. Additional bases for provision of
                                                           ments relating to renewable                                                                                    advice by the Defense Advisory
                                                                                                     TITLE V—MILITARY PERSONNEL POLICY
                                                           fuel pumps.                                                                                                    Committee for the Prevention
                                                                                                         Subtitle A—Officer Personnel Policy                              of Sexual Misconduct.
                                             Sec. 354. Report on effects of extreme weath-
                                                           er on Department of Defense.              Sec. 501. Repeal of codified specification of          Sec. 528. Additional matters for reports of
                                                                                                                  authorized strengths of certain                         the Defense Advisory Com-
                                                       Subtitle E—Other Matters
                                                                                                                  commissioned officers on active                         mittee for the Prevention of
                                             Sec. 371. Prohibition     on   divestiture  of                       duty.                                                   Sexual Misconduct.
                                                           manned intelligence, surveil-             Sec. 502. Temporary expansion of avail-                Sec. 529. Policy on separation of victim and
                                                           lance, and reconnaissance air-                         ability of enhanced construc-                           accused at military service
                                                           craft operated by United States                        tive service credit in a par-                           academies and degree-granting
                                                           Special Operations Command.                            ticular career field upon origi-                        military educational institu-
                                             Sec. 372. Information on overseas construc-                          nal appointment as a commis-                            tions.
                                                           tion projects in support of con-                       sioned officer.                           Sec. 530. Briefing on placement of members
                                                           tingency operations using funds           Sec. 503. Requirement for promotion selec-                           of the Armed Forces in aca-
                                                           for operation and maintenance.                         tion board recommendation of                            demic status who are victims of
                                             Sec. 373. Provision of protection to the Na-                         higher placement on promotion                           sexual assault onto Non-Rated
                                                           tional Museum of the Marine                            list of officers of particular                          Periods.
                                                           Corps, the National Museum of                          merit.
                                                           the United States Army, the               Sec. 504. Special selection review boards for          PART II—OTHER MILITARY JUSTICE MATTERS
                                                           National Museum of the United                          review of promotion of officers           Sec. 531. Right to notice of victims of of-
                                                           States Navy, and the National                          subject to adverse information                          fenses under the Uniform Code
                                                           Museum of the United States                            identified after recommenda-                            of Military Justice regarding
                                                           Air Force.                                             tion for promotion and related                          certain post-trial motions, fil-
                                             Sec. 374. Inapplicability of congressional no-                       matters.                                                ings, and hearings.
                                                           tification and dollar limitation          Sec. 505. Number of opportunities for consid-          Sec. 532. Consideration of the evidence by
                                                           requirements for advance bil-                          eration for promotion under al-                         Courts of Criminal Appeals.
                                                           lings for certain background in-                       ternative promotion authority.            Sec. 533. Preservation of records of the mili-
                                                           vestigations.                             Sec. 506. Mandatory retirement for age.                              tary justice system.
                                             Sec. 375. Repeal of sunset for minimum an-              Sec. 507. Clarifying and improving restate-            Sec. 534. Comptroller General of the United




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                                                           nual purchase amount for car-                          ment of rules on the retired                            States report on implementa-
                                                           riers participating in the Civil                       grade of commissioned officers.                         tion by the Armed Forces of re-
                                                           Reserve Air Fleet.                        Sec. 508. Repeal of authority for original ap-                       cent GAO recommendations
                                             Sec. 376. Improvement of the Operational                             pointment of regular Navy offi-                         and statutory requirements on
                                                           Energy Capability Improve-                             cers designated for engineering                         assessment of racial, ethnic,
                                                           ment Fund of the Department                            duty, aeronautical engineering                          and gender disparities in the
                                                           of Defense.                                            duty, and special duty.                                 military justice system.




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                                             June 29, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                    S3741
                                             Sec. 535. Briefing on mental health support             Sec. 572. Improvements to Exceptional Fam-                       Subtitle D—Other Matters
                                                           for vicarious trauma for certain                        ily Member Program.                      Sec. 631. Permanent authority for and en-
                                                           personnel in the military jus-            Sec. 573. Procedures of the Office of Special                        hancement of the Government
                                                           tice system.                                            Needs for the development of                           lodging program.
                                             Sec. 536. Guardian ad litem program for                               individualized services plans for        Sec. 632. Approval of certain activities by
                                                           minor dependents of members                             military families with special                         retired and reserve members of
                                                           of the Armed Forces.                                    needs.                                                 the uniformed services.
                                               Subtitle E—Member Education, Training,                Sec. 574. Restatement and clarification of              TITLE VII—HEALTH CARE PROVISIONS
                                                       Transition, and Resilience                                  authority to reimburse mem-
                                                                                                                                                            Subtitle A—TRICARE and Other Health Care
                                                                                                                   bers for spouse relicensing costs
                                             Sec. 541. Training on religious accommoda-                                                                                         Benefits
                                                                                                                   pursuant     to    a   permanent
                                                           tion for members of the Armed                           change of station.                       Sec. 701. Authority for Secretary of Defense
                                                           Forces.                                   Sec. 575. Improvements to Department of                              to manage provider type refer-
                                             Sec. 542. Additional elements with 2021 cer-                          Defense tracking of and re-                            ral and supervision require-
                                                           tifications on the Ready, Rel-                          sponse to incidents of child                           ments under TRICARE pro-
                                                           evant Learning initiative of the                        abuse involving military de-                           gram.
                                                           Navy.                                                   pendents on military installa-           Sec. 702. Removal of Christian Science pro-
                                             Sec. 543. Report on standardization and po-                           tions.                                                 viders as authorized providers
                                                           tential merger of law enforce-            Sec. 576. Military child care and child devel-                       under the TRICARE program.
                                                           ment training for military and                          opment center matters.                   Sec. 703. Waiver of fees charged to certain
                                                           civilian personnel across the             Sec. 577. Expansion of financial assistance                          civilians for emergency medical
                                                           Department of Defense.                                  under My Career Advancement                            treatment provided at military
                                             Sec. 544. Quarterly reports on implementa-                            Account program.                                       medical treatment facilities.
                                                           tion of recommendations of the                                                                   Sec. 704. Mental health resources for mem-
                                                                                                               Subtitle H—Other Matters
                                                           Comprehensive Review of Spe-                                                                                   bers of the Armed Forces and
                                                           cial Operations Forces Culture            Sec. 586. Removal of personally identifying                          their dependents during the
                                                           and Ethics.                                             and other information of cer-                          COVID–19 pandemic.
                                             Sec. 545. Information on nominations and                              tain persons from investigative          Sec. 705. Transitional health benefits for
                                                           applications for military serv-                         reports, the Department of De-                         certain members of the Na-
                                                           ice academies.                                          fense Central Index of Inves-                          tional Guard serving under or-
                                             Sec. 546. Pilot programs in connection with                           tigations, and other records and                       ders    in   response   to   the
                                                           Senior Reserve Officers’ Train-                         databases.                                             coronavirus (COVID–19).
                                                           ing Corps units at Historically           Sec. 587. National emergency exception for             Sec. 706. Extramedical maternal health pro-
                                                           Black Colleges and Universities                         timing requirements with re-                           viders demonstration project.
                                                           and minority institutions.                              spect to certain surveys of              Sec. 707. Pilot program on receipt of non-ge-
                                             Sec. 547. Expansion of Junior Reserve Offi-                           members of the Armed Forces.                           neric prescription maintenance
                                                                                                     Sec. 588. Sunset and transfer of functions of                        medications under TRICARE
                                                           cers’ Training Corps Program.
                                                                                                                   the Physical Disability Board                          pharmacy benefits program.
                                             Sec. 548. Department of Defense STARBASE
                                                                                                                   of Review.                                 Subtitle B—Health Care Administration
                                                           Program.
                                                                                                     Sec. 589. Extension of reporting deadline for
                                                 Subtitle F—Decorations and Awards                                                                          Sec. 721. Modifications to transfer of Army
                                                                                                                   the annual report on the assess-
                                                                                                                                                                          Medical Research and Develop-
                                             Sec. 551. Award or presentation of decora-                            ment of the effectiveness of ac-
                                                                                                                                                                          ment Command and public
                                                           tions favorably recommended                             tivities of the federal voting as-
                                                                                                                                                                          health commands to Defense
                                                           following     determination   on                        sistance program.
                                                                                                     Sec. 590. Pilot programs on remote provision                         Health Agency.
                                                           merits of proposals for decora-
                                                                                                                                                            Sec. 722. Delay of applicability of adminis-
                                                           tions not previously submitted                          by National Guard to State
                                                                                                                                                                          tration of TRICARE dental
                                                           in a timely fashion.                                    governments       and    National
                                                                                                                                                                          plans through Federal Employ-
                                             Sec. 552. Honorary promotion matters.                                 Guards of other States of cyber-
                                                                                                                                                                          ees Dental and Vision Insurance
                                              Subtitle G—Defense Dependents’ Education                             security technical assistance in
                                                                                                                                                                          Program.
                                                and Military Family Readiness Matters                              training, preparation, and re-           Sec. 723. Authority of Secretary of Defense
                                                                                                                   sponse to cyber incidents.                             to waive requirements during
                                              PART I—DEFENSE DEPENDENTS’ EDUCATION                   Sec. 591. Plan on performance of funeral
                                                                 MATTERS                                                                                                  national emergencies for pur-
                                                                                                                   honors details by members of
                                             Sec. 561. Continuation of authority to assist                                                                                poses of provision of health
                                                                                                                   other Armed Forces when mem-
                                                           local educational agencies that                                                                                care.
                                                                                                                   bers of the Armed Force of the
                                                           benefit dependents of members                           deceased are unavailable.                   Subtitle C—Reports and Other Matters
                                                           of the Armed Forces and De-               Sec. 592. Limitation on implementation of              Sec. 741. Extension of authority for Joint
                                                           partment of Defense civilian                            Army Combat Fitness Test.                              Department of Defense-Depart-
                                                           employees.                                 TITLE VI—COMPENSATION AND OTHER                                     ment of Veterans Affairs Med-
                                             Sec. 562. Impact aid for children with severe                      PERSONNEL BENEFITS                                        ical Facility Demonstration
                                                           disabilities.                                                                                                  Fund.
                                                                                                            Subtitle A—Pay and Allowances                   Sec. 742. Membership of Board of Regents of
                                             Sec. 563. Staffing of Department of Defense
                                                           Education Activity schools to             Sec. 601. Reorganization of certain allow-                           Uniformed Services University
                                                           maintain maximum student-to-                            ances other than travel and                            of the Health Sciences.
                                                           teacher ratios.                                         transportation allowances.               Sec. 743. Military Health System Clinical
                                             Sec. 564. Matters in connection with free ap-           Sec. 602. Hazardous duty pay for members of                          Quality Management Program.
                                                           propriate public education for                          the Armed Forces performing              Sec. 744. Modifications to pilot program on
                                                           dependents of members of the                            duty    in    response   to   the                      civilian and military partner-
                                                           Armed Forces with special                               Coronavirus Disease 2019.                              ships to enhance interoper-
                                                           needs.                                        Subtitle B—Bonuses and Special and                               ability and medical surge capa-
                                             Sec. 565. Pilot program on expanded eligi-                              Incentive Pays                                       bility and capacity of National
                                                           bility for Department of De-              Sec. 611. One-year extension of certain ex-                          Disaster Medical System.
                                                           fense Education Activity Vir-                                                                    Sec. 745. Study on force mix options and
                                                                                                                   piring bonus and special pay
                                                           tual High School program.                                                                                      service models to enhance read-
                                                                                                                   authorities.
                                             Sec. 566. Pilot program on expansion of eli-            Sec. 612. Increase in special and incentive                          iness of medical force of the
                                                           gibility for enrollment at do-                          pays for officers in health pro-                       Armed Forces to provide com-
                                                           mestic dependent elementary                             fessions.                                              bat casualty care.
                                                           and secondary schools.                                                                           Sec. 746. Comptroller General study on de-
                                                                                                     Subtitle C—Disability Pay, Retired Pay, and                          livery of mental health services
                                             Sec. 567. Comptroller General of the United                            Survivor Benefits
                                                           States report on the structural                                                                                to members of the reserve com-
                                                                                                     Sec. 621. Inclusion of drill or training fore-                       ponents of the Armed Forces.
                                                           condition of Department of De-
                                                                                                                   gone due to emergency travel             Sec. 747. Review and report on prevention of
                                                           fense     Education     Activity




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                                                                                                                   or duty restrictions in com-                           suicide among members of the
                                                           schools.
                                                                                                                   putations of entitlement to and                        Armed Forces stationed at re-
                                                PART II—MILITARY FAMILY READINESS                                  amounts of retired pay for non-                        mote installations outside the
                                                                 MATTERS                                           regular service.                                       contiguous United States.
                                             Sec. 571. Responsibility for allocation of cer-         Sec. 622. Modernization and clarification of           Sec. 748. Audit of medical conditions of ten-
                                                           tain funds for military child de-                       payment of certain Reserves                            ants in privatized military
                                                           velopment programs.                                     while on duty.                                         housing.




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                                             S3742                                             CONGRESSIONAL RECORD — SENATE                                                          June 29, 2020
                                             Sec. 749. Comptroller General study on pre-             Sec. 844. Contract authority for advanced              Sec. 915. Assignment of responsibilities and
                                                          natal and postpartum mental                              development of initial or addi-                       duties of Chief Management Of-
                                                          health conditions among mem-                             tional prototype units.                               ficer to officers or employees of
                                                          bers of the Armed Forces and               Sec. 845. Definition of business system defi-                       the Department of Defense to
                                                          their dependents.                                        ciencies for contractor business                      be designated.
                                             Sec. 750. Plan for evaluation of flexible                             systems.                                 Sec. 916. Definition of enterprise business
                                                          spending account options for               Sec. 846. Repeal of pilot program on pay-                           operations for title 10, United
                                                          members of the uniformed serv-                           ment of costs for denied Gov-                         States Code.
                                                          ices and their families.                                 ernment Accountability Office            Sec. 917. Annual report on enterprise busi-
                                             Sec. 751. Assessment of receipt by civilians                          bid protests.                                         ness operations of the Depart-
                                                          of emergency medical treat-                  Subtitle D—Provisions Relating to Major                           ment of Defense.
                                                          ment at military medical treat-                    Defense Acquisition Programs                   Sec. 918. Conforming amendments.
                                                          ment facilities.                           Sec. 861. Implementation of modular open                       Subtitle C—Space Force Matters
                                             TITLE VIII—ACQUISITION POLICY, AC-                                    systems architecture require-
                                              QUISITION MANAGEMENT, AND RE-                                        ments.                                      PART I—AMENDMENTS TO INTEGRATE THE
                                              LATED MATTERS                                          Sec. 862. Sustainment reviews.                                   SPACE FORCE INTO LAW
                                                 Subtitle A—Industrial Base Matters                  Sec. 863. Recommendations for future direct            Sec. 931. Clarification of Space Force and
                                             Sec. 801. Policy recommendations for imple-                           selections.                                           Chief of Space Operations au-
                                                          mentation of Executive Order               Sec. 864. Disclosures for certain shipbuilding                      thorities.
                                                          13806 (Assessing and Strength-                           major defense acquisition pro-           Sec. 932. Amendments to Department of the
                                                          ening the Manufacturing and                              gram offers.                                          Air Force provisions in title 10,
                                                          Defense Industrial Base and                     Subtitle E—Small Business Matters                              United States Code.
                                                          Supply Chain Resiliency).                  Sec. 871. Prompt payment of contractors.               Sec. 933. Amendments to other provisions of
                                             Sec. 802. Assessment of national security in-           Sec. 872. Extension of pilot program for                            title 10, United States Code.
                                                          novation base.                                           streamlined awards for innova-           Sec. 934. Amendments to provisions of law
                                             Sec. 803. Improving implementation of pol-                            tive technology programs.                             relating to pay and allowances.
                                                          icy pertaining to the national             Subtitle F—Provisions Related to Software-             Sec. 935. Amendments relating to provisions
                                                          technology and industrial base.                         Driven Capabilities                                    of law on veterans’ benefits.
                                             Sec. 804. Modification of framework for                                                                        Sec. 936. Amendments to other provisions of
                                                                                                     Sec. 881. Inclusion of software in govern-
                                                          modernizing acquisition proc-                                                                                  the United States Code.
                                                                                                                   ment performance of acquisi-
                                                          esses to ensure integrity of in-                                                                  Sec. 937. Applicability to other provisions of
                                                                                                                   tion functions.
                                                          dustrial base.                                                                                                 law.
                                                                                                     Sec. 882. Balancing security and innovation
                                             Sec. 805. Assessments of industrial base ca-
                                                                                                                   in software development and                         PART II—OTHER MATTERS
                                                          pabilities and capacity.
                                                                                                                   acquisition.
                                             Sec. 806. Analyses of certain materials and                                                                    Sec. 941. Matters relating to reserve compo-
                                                                                                     Sec. 883. Comptroller General report on in-
                                                          technology sectors for action to                                                                               nents for the Space Force.
                                                                                                                   tellectual property acquisition
                                                          address sourcing and industrial                                                                   Sec. 942. Transfers of military and civilian
                                                                                                                   and licensing.
                                                          capacity.                                                                                                      personnel to the Space Force.
                                             Sec. 807. Microelectronics     manufacturing                      Subtitle G—Other Matters
                                                                                                                                                            Sec. 943. Limitation on transfer of military
                                                          strategy.                                  Sec. 891. Safeguarding        defense-sensitive                     installations to the jurisdiction
                                             Sec. 808. Additional requirements pertaining                          United States intellectual prop-                      of the Space Force.
                                                          to printed circuit boards.                               erty, technology, and other
                                             Sec. 809. Statement of policy with respect to                         data and information.                    Subtitle D—Organization and Management
                                                          supply of strategic minerals               Sec. 892. Domestic comparative testing ac-              of Other Department of Defense Offices and
                                                          and metals for Department of                             tivities.                                 Elements
                                                          Defense purposes.                          Sec. 893. Repeal of apprenticeship program.            Sec. 951. Annual report on establishment of
                                             Sec. 810. Report on strategic and critical               TITLE IX—DEPARTMENT OF DEFENSE                                     field operating agencies.
                                                          minerals and metals.                          ORGANIZATION AND MANAGEMENT                                TITLE X—GENERAL PROVISIONS
                                             Sec. 811. Stabilization of shipbuilding indus-              Subtitle A—Office of the Secretary of
                                                          trial base workforce.                                                                                      Subtitle A—Financial Matters
                                                                                                              Defense and Related Matters
                                             Sec. 812. Miscellaneous limitations on the                                                                     Sec. 1001. General transfer authority.
                                                          procurement of goods other                 Sec. 901. Assistant Secretary of Defense for
                                                                                                                   Special Operations and Low In-           Sec. 1002. Application of Financial Improve-
                                                          than United States goods.                                                                                      ment and Audit Remediation
                                             Sec. 813. Use of domestically sourced star                            tensity Conflict and related
                                                                                                                   matters.                                              Plan to fiscal years following
                                                          trackers in national security                                                                                  fiscal year 2020.
                                                          satellites.                                Sec. 902. Redesignation and codification in
                                                                                                                   law of Office of Economic Ad-                   Subtitle B—Counterdrug Activities
                                             Sec. 814. Modification to small purchase
                                                          threshold exception to sourcing                          justment.                                Sec. 1011. Codification of authority for joint
                                                          requirements for certain arti-             Sec. 903. Modernization of process used by                          task forces of the Department
                                                          cles.                                                    the Department of Defense to                          of Defense to support law en-
                                                                                                                   identify, task, and manage Con-                       forcement agencies conducting
                                                  Subtitle B—Acquisition Policy and                                gressional reporting require-
                                                              Management                                                                                                 counterterrorism or counter-
                                                                                                                   ments.                                                transnational organized crime
                                             Sec. 831. Report on acquisition risk assess-            Sec. 904. Inclusion of Vice Chief of the Na-                        activities.
                                                          ment and mitigation as part of                           tional Guard Bureau as an advi-
                                                          Adaptive Acquisition Frame-                              sor to the Joint Requirements               Subtitle C—Naval Vessels and Shipyards
                                                          work implementation.                                     Oversight Council.                       Sec. 1021. Modification of authority to pur-
                                             Sec. 832. Comptroller General report on im-             Sec. 905. Assignment of responsibility for                          chase used vessels with funds in
                                                          plementation of software acqui-                          the Arctic region within the Of-                      the National Defense Sealift
                                                          sition reforms.                                          fice of the Secretary of Defense.                     Fund.
                                             Subtitle C—Amendments to General Con-                        Subtitle B—Department of Defense                  Sec. 1022. Waiver during war or threat to na-
                                              tracting Authorities, Procedures, and Lim-                          Management Reform                                      tional security of restrictions
                                              itations                                               Sec. 911. Termination of position of Chief                          on overhaul, repair, or mainte-
                                             Sec. 841. Authority to acquire innovative                             Management Officer of the De-                         nance of vessels in foreign ship-
                                                          commercial products and serv-                            partment of Defense.                                  yards.
                                                          ices using general solicitation            Sec. 912. Report on assignment of respon-              Sec. 1023. Modification of waiver authority
                                                          competitive procedures.                                  sibilities, duties, and authori-                      on prohibition on use of funds
                                             Sec. 842. Truth in Negotiations Act thresh-                           ties of Chief Management Offi-                        for retirement of certain legacy
                                                          old for Department of Defense                            cer to other officers or employ-                      maritime mine countermeasure
                                                          contracts.                                               ees of the Department of De-                          platforms.




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                                             Sec. 843. Revision of proof required when                             fense.                                   Sec. 1024. Extension of authority for reim-
                                                          using an evaluation factor for             Sec. 913. Performance Improvement Officer                           bursement of expenses for cer-
                                                          defense contractors employing                            of the Department of Defense.                         tain Navy mess operations
                                                          or subcontracting with mem-                Sec. 914. Assignment of certain responsibil-                        afloat.
                                                          bers of the selected reserve of                          ities and duties to particular           Sec. 1025. Sense of Congress on actions nec-
                                                          the reserve components of the                            officers of the Department of                         essary to achieve a 355-ship
                                                          Armed Forces.                                            Defense.                                              Navy.




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                                             June 29, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S3743
                                                     Subtitle D—Counterterrorism                          TITLE XI—CIVILIAN PERSONNEL                       Sec. 1203. Modification to the Inter-Euro-
                                             Sec. 1031. Extension of prohibition on use of                              MATTERS                                           pean Air Forces Academy.
                                                           funds for transfer or release of           Subtitle A—Department of Defense Matters              Sec. 1204. Modification to support of special
                                                           individuals detained at United                                                                                 operations for irregular war-
                                                                                                     Sec. 1101. Enhanced pay authority for cer-
                                                           States Naval Station, Guanta-                                                                                  fare.
                                                                                                                   tain acquisition and technology
                                                           namo Bay, Cuba, to the United                                                                    Sec. 1205. Extension and modification of au-
                                                                                                                   positions in the Department of
                                                           States.                                                                                                        thority to support border secu-
                                                                                                                   Defense.
                                             Sec. 1032. Extension of prohibition on use of                                                                                rity operations of certain for-
                                                                                                     Sec. 1102. Enhanced pay authority for cer-
                                                           funds to close or relinquish con-                                                                              eign countries.
                                                                                                                   tain research and technology
                                                           trol of United States Naval Sta-                                                                 Sec. 1206. Modification of authority for par-
                                                                                                                   positions in the science and
                                                           tion, Guantanamo Bay, Cuba.                                                                                    ticipation in multinational cen-
                                                                                                                   technology reinvention labora-
                                             Sec. 1033. Extension of prohibition on use of                                                                                ters of excellence.
                                                                                                                   tories of the Department of De-
                                                           funds for transfer or release of                                                                 Sec. 1207. Implementation of the Women,
                                                                                                                   fense.
                                                           individuals detained at United                                                                                 Peace, and Security Act of 2017.
                                                                                                     Sec. 1103. Extension of enhanced appoint-
                                                           States Naval Station, Guanta-                                                                    Sec. 1208. Ted Stevens Center for Arctic Se-
                                                                                                                   ment and compensation author-
                                                           namo Bay, Cuba, to certain                                                                                     curity Studies.
                                                                                                                   ity for civilian personnel for
                                                           countries.                                                                                       Sec. 1209. Functional Center for Security
                                                                                                                   care and treatment of wounded
                                             Sec. 1034. Extension of prohibition on use of                                                                                Studies in Irregular Warfare.
                                                                                                                   and injured members of the
                                                           funds to construct or modify fa-                                                                 Subtitle B—Matters Relating to Afghanistan
                                                                                                                   Armed Forces.
                                                           cilities in the United States to                                                                                  and Pakistan
                                                                                                     Sec. 1104. Extension of overtime rate au-
                                                           house     detainees    transferred
                                                                                                                   thority for Department of the            Sec. 1211. Extension and modification of au-
                                                           from United States Naval Sta-
                                                                                                                   Navy employees performing                              thority for reimbursement of
                                                           tion, Guantanamo Bay, Cuba.
                                                                                                                   work aboard or dockside in sup-                        certain coalition nations for
                                              Subtitle E—Miscellaneous Authorities and                             port of the nuclear-powered air-                       support provided to United
                                                               Limitations                                         craft carrier forward deployed                         States military operations.
                                             Sec. 1041. Inclusion of disaster-related emer-                        in Japan.                                Sec. 1212. Extension and modification of
                                                           gency preparedness activities             Sec. 1105. Expansion of direct hire authority                        Commanders’ Emergency Re-
                                                           among law enforcement activi-                           for certain Department of De-                          sponse Program.
                                                           ties authorities for sale or do-                        fense personnel to include in-           Sec. 1213. Extension and modification of sup-
                                                           nation of excess personal prop-                         stallation military housing of-                        port for reconciliation activi-
                                                           erty of the Department of De-                           fice    positions     supervising                      ties led by the Government of
                                                           fense.                                                  privatized military housing.                           Afghanistan.
                                             Sec. 1042. Expenditure of funds for Depart-             Sec. 1106. Extension of sunset of inapplica-           Sec. 1214. Sense of Senate on special immi-
                                                           ment of Defense clandestine ac-                         bility of certification of execu-                      grant visa program for Afghan
                                                           tivities that support oper-                             tive qualifications by qualifica-                      allies.
                                                           ational preparation of the envi-                        tion certification review board          Sec. 1215. Sense of Senate and report on
                                                           ronment.                                                of Office of Personnel Manage-                         United States presence in Af-
                                             Sec. 1043. Clarification of authority of mili-                        ment for initial appointments                          ghanistan.
                                                           tary commissions under chap-                            to Senior Executive Service po-
                                                           ter 47A of title 10, United                                                                      Subtitle C—Matters Relating to Syria, Iraq,
                                                                                                                   sitions in Department of De-                                 and Iran
                                                           States Code, to punish con-                             fense.
                                                           tempt.                                                                                           Sec. 1221. Extension of authority and limita-
                                                                                                     Sec. 1107. Pilot program on enhanced pay
                                             Sec. 1044. Prohibition on actions to infringe                                                                                tion on use of funds to provide
                                                                                                                   authority for certain high-level
                                                           upon First Amendment rights                                                                                    assistance to counter the Is-
                                                                                                                   management positions in the
                                                           of peaceable assembly and peti-                                                                                lamic State of Iraq and Syria.
                                                                                                                   Department of Defense.
                                                           tion for redress of grievances.                                                                  Sec. 1222. Extension and modification of au-
                                                                                                     Sec. 1108. Pilot program on expanded au-
                                             Sec. 1045. Arctic planning, research, and de-                                                                                thority to provide assistance to
                                                                                                                   thority for appointment of re-
                                                           velopment.                                                                                                     vetted Syrian groups and indi-
                                             Sec. 1046. Consideration of security risks in                         cently retired members of the
                                                                                                                                                                          viduals.
                                                           certain telecommunications ar-                          Armed Forces to positions in
                                                                                                                                                            Sec. 1223. Extension and modification of au-
                                                           chitecture for future overseas                          the Department of Defense.
                                                                                                                                                                          thority to support operations
                                                           basing decisions of the Depart-           Sec. 1109. Direct hire authority and reloca-
                                                                                                                                                                          and activities of the Office of
                                                           ment of Defense.                                        tion incentives for positions at
                                                                                                                                                                          Security Cooperation in Iraq.
                                             Sec. 1047. Foreign military training pro-                             remote locations.
                                                                                                     Sec. 1110. Modification of direct hire author-         Subtitle D—Matters Relating to Europe and
                                                           grams.
                                             Sec. 1048. Reporting of adverse events relat-                         ity for certain personnel in-                        the Russian Federation
                                                           ing to consumer products on                             volved with Department of De-            Sec. 1231. Extension of limitation on mili-
                                                           military installations.                                 fense maintenance activities.                          tary cooperation between the
                                             Sec. 1049. Inclusion of United States Naval             Sec. 1110A. Fire Fighters Alternative Work                           United States and the Russian
                                                           Sea Cadet Corps among youth                             Schedule demonstration project                         Federation.
                                                           and charitable organizations                            for the Navy Region Mid-Atlan-           Sec. 1232. Prohibition on availability of
                                                           authorized to receive assistance                        tic Fire and Emergency Serv-                           funds relating to sovereignty of
                                                           from the National Guard.                                ices.                                                  the Russian Federation over
                                             Sec. 1050. Department of Defense policy for                Subtitle B—Government-Wide Matters                                Crimea.
                                                           the regulation of dangerous               Sec. 1111. One-year extension of temporary             Sec. 1233. Modification and extension of
                                                           dogs.                                                   authority to grant allowances,                         Ukraine Security Assistance
                                             Sec. 1051. Sense of Congress on the basing of                                                                                Initiative.
                                                                                                                   benefits, and gratuities to civil-
                                                           KC–46A aircraft outside the                                                                      Sec. 1234. Report on capability and capacity
                                                                                                                   ian personnel on official duty in
                                                           contiguous United States.                                                                                      requirements of military forces
                                                                                                                   a combat zone.
                                                    Subtitle F—Studies and Reports                   Sec. 1112. One-year extension of authority to                        of Ukraine and resource plan
                                             Sec. 1061. Report on potential improvements                           waive annual limitation on pre-                        for security assistance.
                                                           to certain military educational                         mium pay and aggregate limi-             Sec. 1235. Sense of Senate on North Atlantic
                                                           institutions of the Department                          tation on pay for Federal civil-                       Treaty Organization enhanced
                                                           of Defense.                                             ian employees working over-                            opportunities partner status for
                                             Sec. 1062. Reports on status and moderniza-                           seas.                                                  Ukraine.
                                                           tion of the North Warning Sys-            Sec. 1113. Technical amendments to author-             Sec. 1236. Extension of authority for train-
                                                           tem.                                                    ity for reimbursement of Fed-                          ing for Eastern European na-
                                             Sec. 1063. Studies on the force structure for                         eral, State, and local income                          tional security forces in the
                                                           Marine Corps aviation.                                  taxes incurred during travel,                          course of multilateral exer-
                                                       Subtitle G—Other Matters                                    transportation, and relocation.                        cises.
                                             Sec. 1081. Department of Defense strategic                                                                     Sec. 1237. Sense of Senate on Kosovo and the
                                                                                                        TITLE XII—MATTERS RELATING TO




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                                                           Arctic ports.                                                                                                  role of the Kosovo Force of the
                                                                                                                  FOREIGN NATIONS                                         North Atlantic Treaty Organi-
                                             Sec. 1082. Personal protective equipment
                                                           matters.                                      Subtitle A—Assistance and Training                               zation.
                                             Sec. 1083. Estimate of damages from Federal             Sec. 1201. Authority to build capacity for ad-         Sec. 1238. Sense of Senate on strategic com-
                                                           Communications       Commission                         ditional operations.                                   petition with the Russian Fed-
                                                           Order 20–48.                              Sec. 1202. Authority to build capacity for air                       eration and related activities of
                                             Sec. 1084. Modernization effort.                                      sovereignty operations.                                the Department of Defense.




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                                             S3744                                              CONGRESSIONAL RECORD — SENATE                                                          June 29, 2020
                                             Sec. 1239. Report on Russian Federation sup-                TITLE XIII—COOPERATIVE THREAT                       Sec. 1608. Space launch rate assessment.
                                                          port of racially and ethnically                              REDUCTION                             Sec. 1609. Report on impact of acquisition
                                                          motivated violent extremists.               Sec. 1301. Funding allocations for Depart-                           strategy for the National Secu-
                                             Sec. 1240. Participation in European pro-                              ment of Defense Cooperative                            rity Space Launch Program on
                                                          gram on multilateral exchange                             Threat Reduction Program.                              emerging foreign space launch
                                                          of surface transportation serv-                                                                                  providers.
                                                                                                        TITLE XIV—OTHER AUTHORIZATIONS
                                                          ices.                                                                                                Subtitle B—Cyberspace-Related Matters
                                                                                                             Subtitle A—Military Programs
                                             Sec. 1241. Participation in programs relating                                                                   Sec. 1611. Modification of position of Prin-
                                                          to coordination or exchange of              Sec. 1401. Working capital funds.                                    cipal Cyber Advisor.
                                                          air refueling and air transpor-             Sec. 1402. Chemical Agents and Munitions               Sec. 1612. Framework for cyber hunt forward
                                                          tation services.                                          Destruction, Defense.                                  operations.
                                                                                                      Sec. 1403. Drug Interdiction and Counter-              Sec. 1613. Modification of scope of notifica-
                                               Subtitle E—Matters Relating to the Indo-                             Drug Activities, Defense-wide.                         tion requirements for sensitive
                                                           Pacific Region                             Sec. 1404. Defense Inspector General.                                military cyber operations.
                                             Sec. 1251. Pacific Deterrence Initiative.                Sec. 1405. Defense Health Program.                     Sec. 1614. Modification of requirements for
                                             Sec. 1252. Sense of Senate on the United                 Subtitle B—Armed Forces Retirement Home                              quarterly Department of De-
                                                          States-Vietnam defense rela-                Sec. 1411. Authorization of appropriations                           fense cyber operations briefings
                                                          tionship.                                                 for Armed Forces Retirement                            for Congress.
                                             Sec. 1253. Authority to transfer funds for                                                                      Sec. 1615. Rationalization and integration of
                                                                                                                    Home.
                                                          Bien Hoa dioxin cleanup.                                                                                         parallel cybersecurity architec-
                                                                                                      Sec. 1412. Periodic inspections of Armed
                                             Sec. 1254. Cooperative program with Viet-                                                                                     tures and operations.
                                                                                                                    Forces Retirement Home facili-           Sec. 1616. Modification of acquisition au-
                                                          nam to account for Vietnamese                             ties by nationally recognized                          thority    of   Commander      of
                                                          personnel missing in action.                              accrediting organization.                              United States Cyber Command.
                                             Sec. 1255. Provision of goods and services at            Sec. 1413. Expansion of eligibility for resi-          Sec. 1617. Assessment of cyber operational
                                                          Kwajalein Atoll, Republic of                              dence at the Armed Forces Re-                          planning and deconfliction poli-
                                                          the Marshall Islands.                                     tirement Home.                                         cies and processes.
                                             Sec. 1256. Authority to establish a Move-                          Subtitle C—Other Matters                     Sec. 1618. Pilot program on cybersecurity
                                                          ment Coordination Center Pa-                Sec. 1421. Authority for transfer of funds to                        capability metrics.
                                                          cific in the Indo-Pacific region                          joint Department of Defense-             Sec. 1619. Assessment of effect of incon-
                                                          and participate in an Air Trans-                          Department of Veterans Affairs                         sistent timing and use of Net-
                                                          port and Air-to-Air Refueling                             Medical Facility Demonstra-                            work Address Translation in
                                                          and other Exchanges of Serv-                              tion Fund for Captain James A.                         Department of Defense net-
                                                          ices program.                                             Lovell Health Care Center, Illi-                       works.
                                             Sec. 1257. Training of ally and partner air                            nois.                                    Sec. 1620. Matters concerning the College of
                                                          forces in Guam.                                                                                                  Information and Cyberspace at
                                                                                                      TITLE XV—AUTHORIZATION OF ADDI-                                      National Defense University.
                                             Sec. 1258. Statement of policy and sense of               TIONAL APPROPRIATIONS FOR OVER-
                                                          Senate on the Taiwan Relations                                                                     Sec. 1621. Modification of mission of cyber
                                                                                                       SEAS CONTINGENCY OPERATIONS                                         command and assignment of
                                                          Act.
                                                                                                      Subtitle A—Authorization of Appropriations                           cyber operations forces.
                                             Sec. 1259. Sense of Congress on port calls in
                                                                                                      Sec. 1501. Purpose.                                    Sec. 1622. Integration of Department of De-
                                                          Taiwan with the USNS Comfort
                                                                                                      Sec. 1502. Overseas contingency operations.                          fense user activity monitoring
                                                          and the USNS Mercy.
                                                                                                      Sec. 1503. Procurement.                                              and cybersecurity.
                                             Sec. 1260. Limitation on use of funds to re-                                                                    Sec. 1623. Defense industrial base cybersecu-
                                                                                                      Sec. 1504. Research, development, test, and
                                                          duce total number of members                                                                                     rity sensor architecture plan.
                                                                                                                    evaluation.
                                                          of the Armed Forces serving on                                                                     Sec. 1624. Extension of Cyberspace Solarium
                                                                                                      Sec. 1505. Operation and maintenance.
                                                          active duty who are deployed to                                                                                  Commission to track and assess
                                                                                                      Sec. 1506. Military personnel.
                                                          the Republic of Korea.                                                                                           implementation.
                                                                                                      Sec. 1507. Working capital funds.
                                             Sec. 1261. Sense of Congress on co-develop-              Sec. 1508. Drug Interdiction and Counter-              Sec. 1625. Review of regulations and promul-
                                                          ment with Japan of a long-                                Drug Activities, Defense-wide.                         gation of guidance relating to
                                                          range ground-based anti-ship                Sec. 1509. Defense Inspector General.                                National Guard responses to
                                                          cruise missile system.                      Sec. 1510. Defense Health Program.                                   cyber attacks.
                                                             Subtitle F—Reports                                                                              Sec. 1626. Improvements relating to the
                                                                                                              Subtitle B—Financial Matters                                 quadrennial cyber posture re-
                                             Sec. 1271. Review of and report on overdue               Sec. 1521. Treatment as additional author-                           view.
                                                          acquisition and cross-servicing                           izations.                                Sec. 1627. Report on enabling United States
                                                          agreement transactions.                     Sec. 1522. Special transfer authority.                               Cyber Command resource allo-
                                             Sec. 1272. Report on burden sharing con-                           Subtitle C—Other Matters                                   cation.
                                                          tributions by designated coun-                                                                     Sec. 1628. Evaluation of options for estab-
                                                          tries.                                      Sec. 1531. Afghanistan      Security    Forces                       lishing a cyber reserve force.
                                                                                                                    Fund.                                    Sec. 1629. Ensuring cyber resiliency of nu-
                                             Sec. 1273. Report on risk to personnel, equip-
                                                                                                      Sec. 1532. Transition and enhancement of in-                         clear command and control sys-
                                                          ment, and operations due to
                                                                                                                    spector general authorities for                        tem.
                                                          Huawei 5G architecture in host
                                                                                                                    Afghanistan reconstruction.              Sec. 1630. Modification of requirements re-
                                                          countries.
                                                                                                        TITLE XVI—STRATEGIC PROGRAMS,                                      lating to the Strategic Cyberse-
                                                       Subtitle G—Other Matters                        CYBER, AND INTELLIGENCE MATTERS                                     curity Program and the evalua-
                                             Sec. 1281. Reciprocal    patient   movement                       Subtitle A—Space Activities                                 tion of cyber vulnerabilities of
                                                          agreements.                                                                                                      major weapon systems of the
                                                                                                      Sec. 1601. Resilient and survivable posi-
                                             Sec. 1282. Extension of authorization of non-                                                                                 Department of Defense.
                                                                                                                    tioning, navigation, and timing          Sec. 1631. Defense industrial base participa-
                                                          conventional assisted recovery                            capabilities.
                                                          capabilities.                                                                                                    tion in a cybersecurity threat
                                                                                                      Sec. 1602. Distribution of launches for phase                        intelligence sharing program.
                                             Sec. 1283. Extension of Department of De-                              two of acquisition strategy for
                                                          fense support for stabilization                                                                    Sec. 1632. Assessment on defense industrial
                                                                                                                    National      Security     Space                       base cybersecurity threat hunt-
                                                          activities in national security                           Launch program.
                                                          interest of the United States.                                                                                   ing.
                                                                                                      Sec. 1603. Development efforts for National            Sec. 1633. Assessing risk to national security
                                             Sec. 1284. Notification with respect to with-                          Security Space Launch pro-                             of quantum computing.
                                                          drawal of members of the                                  viders.                                  Sec. 1634. Applicability of reorientation of
                                                          Armed Forces participating in               Sec. 1604. Timeline for nonrecurring design                          Big Data Platform program to
                                                          the Multinational Force and                               validation for responsive space                        Department of Navy.
                                                          Observers in Egypt.                                       launch.                                  Sec. 1635. Expansion of authority for access
                                             Sec. 1285. Modification to initiative to sup-            Sec. 1605. Tactically responsive space launch                        and information relating to




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                                                          port protection of national se-                           operations.                                            cyber attacks on operationally
                                                          curity academic researchers                 Sec. 1606. Conforming amendments relating                            critical contractors of the
                                                          from undue influence and other                            to reestablishment of Space                            Armed Forces.
                                                          security threats.                                         Command.                                 Sec. 1636. Requirements for review of and
                                             Sec. 1286. Establishment of United States-               Sec. 1607. Space Development Agency devel-                           limitations on the Joint Re-
                                                          Israel    Operations-Technology                           opment      requirements     and                       gional Security Stacks activ-
                                                          Working Group.                                            transfer to Space Force.                               ity.




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                                             June 29, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                    S3745
                                             Sec. 1637. Independent assessment of estab-             Sec. 2203. Improvements to military family             TITLE XXVIII—MILITARY CONSTRUC-
                                                           lishment of a National Cyber                           housing units.                                TION AND GENERAL PROVISIONS
                                                           Director.                                 Sec. 2204. Authorization of appropriations,
                                                                                                                                                             Subtitle A—Military Construction Program
                                             Sec. 1638. Modification of authority to use                          Navy.
                                                           operation     and   maintenance              TITLE XXIII—AIR FORCE MILITARY                      Sec. 2801. Responsibility of Navy for mili-
                                                           funds for cyber operations-pe-                          CONSTRUCTION                                          tary construction requirements
                                                           culiar capability development                                                                                 for certain Fleet Readiness
                                                                                                     Sec. 2301. Authorized Air Force construction                        Centers.
                                                           projects.                                              and land acquisition projects.
                                             Sec. 1639. Personnel management authority               Sec. 2302. Family housing.                             Sec. 2802. Construction of ground-based stra-
                                                           for    Commander     of   United          Sec. 2303. Improvements to military family                          tegic deterrent launch facilities
                                                           States Cyber Command and de-                           housing units.                                         and launch centers for Air
                                                           velopment program for offen-              Sec. 2304. Authorization of appropriations,                         Force.
                                                           sive cyber operations.                                 Air Force.                                       Subtitle B—Military Family Housing
                                             Sec. 1640. Implementation of information                Sec. 2305. Modification of authority to carry
                                                           operations matters.                                    out fiscal year 2018 project at           Sec. 2821. Prohibition on substandard family
                                             Sec. 1641. Report on Cyber Institutes Pro-                           Royal Air Force Lakenheath.                            housing units.
                                                           gram.                                     Sec. 2306. Modification of authority to carry          Sec. 2822. Technical      corrections      to
                                             Sec. 1642. Assistance for small manufactur-                          out certain fiscal year 2019                           privatized   military    housing
                                                           ers in the defense industrial                          projects.                                              program.
                                                           supply chain on matters relat-            Sec. 2307. Modification of authority to carry          Sec. 2823. Requirement that Secretary of De-
                                                           ing to cybersecurity.                                  out certain fiscal year 2020 fam-                      fense implement recommenda-
                                                      Subtitle C—Nuclear Forces                                   ily housing projects.                                  tions relating to military fam-
                                             Sec. 1651. Modification to responsibilities of          Sec. 2308. Modification of authority to carry                       ily housing contained in report
                                                           Nuclear Weapons Council.                               out certain fiscal year 2020                           by Inspector General of Depart-
                                             Sec. 1652. Responsibility of Nuclear Weapons                         projects.                                              ment of Defense.
                                                           Council in preparation of Na-                 TITLE XXIV—DEFENSE AGENCIES                               Subtitle C—Project Management and
                                                           tional Nuclear Security Admin-                    MILITARY CONSTRUCTION                                          Oversight Reforms
                                                           istration budget.                         Sec. 2401. Authorized Defense Agencies con-
                                             Sec. 1653. Modification of Government Ac-                                                                      Sec. 2841. Promotion of energy resilience
                                                                                                                  struction and land acquisition                         and     energy     security in
                                                           countability Office review of                          projects.
                                                           annual reports on nuclear weap-                                                                               privatized utility systems.
                                                                                                     Sec. 2402. Authorized Energy Resilience and
                                                           ons enterprise.                                        Conservation Investment Pro-              Sec. 2842. Consideration of energy security
                                             Sec. 1654. Prohibition on reduction of the                           gram projects.                                         and energy resilience in life-
                                                           intercontinental ballistic mis-           Sec. 2403. Authorization of appropriations,                         cycle cost for military con-
                                                           siles of the United States.                            Defense Agencies.                                      struction.
                                             Sec. 1655. Sense of the Senate on nuclear co-                  TITLE XXV—INTERNATIONAL                                  Subtitle D—Land Conveyances
                                                           operation between the United                               PROGRAMS
                                                           States and the United Kingdom.                                                                   Sec. 2861. Renewal of Fallon Range Training
                                                                                                          Subtitle A—North Atlantic Treaty                               Complex land withdrawal and
                                                Subtitle D—Missile Defense Programs                   Organization Security Investment Program                           reservation.
                                             Sec. 1661. Iron Dome short-range rocket de-             Sec. 2501. Authorized NATO construction                Sec. 2862. Renewal of Nevada Test and
                                                           fense system and Israeli cooper-                       and land acquisition projects.                         Training Range land with-
                                                           ative missile defense program             Sec. 2502. Authorization of appropriations,                         drawal and reservation.
                                                           co-development and co-produc-                          NATO.                                     Sec. 2863. Transfer of land under the admin-
                                                           tion.                                     Sec. 2503. Execution of projects under the                          istrative jurisdiction of the De-
                                             Sec. 1662. Acceleration of the deployment of                         North Atlantic Treaty Organi-                          partment of the Interior within
                                                           hypersonic and ballistic track-                        zation    Security    Investment                       Naval Support Activity Pan-
                                                           ing space sensor payload.                              Program.                                               ama City, Florida.
                                             Sec. 1663. Extension of prohibition relating
                                                                                                           Subtitle B—Host Country In-Kind                  Sec. 2864. Land conveyance, Camp Navajo,
                                                           to missile defense information
                                                                                                                     Contributions                                       Arizona.
                                                           and systems.
                                             Sec. 1664. Report on and limitation on ex-              Sec. 2511. Republic of Korea funded con-                          Subtitle E—Other Matters
                                                           penditure of funds for layered                         struction projects.
                                                                                                     Sec. 2512. Qatar     funded      construction          Sec. 2881. Military family readiness consid-
                                                           homeland missile defense sys-
                                                                                                                  projects.                                              erations in basing decisions.
                                                           tem.
                                             Sec. 1665. Extension of requirement for                    TITLE XXVI—GUARD AND RESERVE                        Sec. 2882. Prohibition on use of funds to re-
                                                           Comptroller General review and                        FORCES FACILITIES                                       duce air base resiliency or de-
                                                           assessment of missile defense                                                                                 molish protected aircraft shel-
                                                                                                     Sec. 2601. Authorized Army National Guard                           ters in the European theater
                                                           acquisition programs.                                  construction and land acquisi-
                                             Sec. 1666. Repeal of requirement for report-                                                                                without creating a similar pro-
                                                                                                                  tion projects.                                         tection from attack.
                                                           ing structure of Missile Defense          Sec. 2602. Authorized Army Reserve con-
                                                           Agency.                                                struction and land acquisition            Sec. 2883. Prohibitions relating to closure or
                                             Sec. 1667. Ground-based midcourse defense                            projects.                                              returning to host nation of ex-
                                                           interim capability.                       Sec. 2603. Authorized Navy Reserve and Ma-                          isting bases under the European
                                                                                                                  rine Corps Reserve construction                        Consolidation Initiative.
                                              DIVISION B—MILITARY CONSTRUCTION
                                                          AUTHORIZATIONS                                          and land acquisition projects.            Sec. 2884. Enhancement of authority to ac-
                                                                                                     Sec. 2604. Authorized Air National Guard                            cept conditional gifts of real
                                             Sec. 2001. Short title.
                                                                                                                  construction and land acquisi-                         property on behalf of military
                                             Sec. 2002. Expiration of authorizations and
                                                                                                                  tion projects.                                         museums.
                                                           amounts required to be speci-
                                                           fied by law.                              Sec. 2605. Authorized Air Force Reserve con-           Sec. 2885. Equal treatment of insured deposi-
                                             Sec. 2003. Effective date.                                           struction and land acquisition                         tory institutions and credit
                                                                                                                  projects.                                              unions operating on military
                                                    TITLE XXI—ARMY MILITARY                          Sec. 2606. Authorization of appropriations,                         installations.
                                                            CONSTRUCTION                                          National Guard and Reserve.               Sec. 2886. Report on operational aviation
                                             Sec. 2101. Authorized Army construction                 Sec. 2607. Modification of authority to carry                       units impacted by noise restric-
                                                           and land acquisition projects.                         out fiscal year 2020 project in                        tions or noise mitigation meas-
                                             Sec. 2102. Family housing.                                           Alabama.                                               ures.
                                             Sec. 2103. Authorization of appropriations,             TITLE XXVII—BASE REALIGNMENT AND
                                                           Army.                                                                                             TITLE XXIX—OVERSEAS CONTINGENCY
                                                                                                                CLOSURE ACTIVITIES                           OPERATIONS MILITARY CONSTRUCTION
                                             Sec. 2104. Modification of authority to carry
                                                                                                     Sec. 2701. Authorization of appropriations
                                                           out fiscal year 2017 project at                                                                  Sec. 2901. Authorized Navy construction and




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                                                                                                                  for base realignment and clo-
                                                           Camp Walker, Korea.                                                                                           land acquisition projects.
                                                                                                                  sure activities funded through
                                                    TITLE XXII—NAVY MILITARY                                      Department of Defense Base                Sec. 2902. Authorized Air Force construction
                                                            CONSTRUCTION                                          Closure Account.                                       and land acquisition projects.
                                             Sec. 2201. Authorized Navy construction and             Sec. 2702. Prohibition on conducting addi-             Sec. 2903. Authorization of appropriations.
                                                           land acquisition projects.                             tional base realignment and               Sec. 2904. Replenishment of certain military
                                             Sec. 2202. Family housing.                                           closure (BRAC) round.                                  constructions funds.




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                                             S3746                                             CONGRESSIONAL RECORD — SENATE                                                          June 29, 2020
                                             DIVISION C—DEPARTMENT OF ENERGY                         Sec. 3152. Laboratory- or production facil-            Sec. 4402. Military personnel for overseas
                                               NATIONAL        SECURITY       AUTHORIZA-                           ity-directed research and devel-                       contingency operations.
                                               TIONS AND OTHER AUTHORIZATIONS                                      opment programs.                           TITLE XLV—OTHER AUTHORIZATIONS
                                              TITLE XXXI—DEPARTMENT OF ENERGY                        Sec. 3153. Prohibition on use of laboratory-           Sec. 4501. Other authorizations.
                                                 NATIONAL SECURITY PROGRAMS                                        or production facility-directed          Sec. 4502. Other authorizations for overseas
                                             Subtitle A—National Security Programs and                             research and development funds                         contingency operations.
                                                             Authorizations                                        for general and administrative
                                                                                                                                                             TITLE XLVI—MILITARY CONSTRUCTION
                                                                                                                   overhead costs.
                                             Sec. 3101. National Nuclear Security Admin-                                                                    Sec. 4601. Military construction.
                                                                                                     Sec. 3154. Monitoring of industrial base for
                                                           istration.                                                                                       Sec. 4602. Military construction for overseas
                                                                                                                   nuclear weapons components,
                                             Sec. 3102. Defense environmental cleanup.                                                                                    contingency operations.
                                             Sec. 3103. Other defense activities.                                  subsystems, and materials.
                                                                                                     Sec. 3155. Prohibition on use of funds for ad-         TITLE XLVII—DEPARTMENT OF ENERGY
                                             Sec. 3104. Nuclear energy.
                                                                                                                   vanced naval nuclear fuel sys-               NATIONAL SECURITY PROGRAMS
                                              Subtitle B—Budget of the National Nuclear
                                                                                                                   tem based on low-enriched ura-           Sec. 4701. Department of Energy national se-
                                                        Security Administration
                                                                                                                   nium.                                                  curity programs.
                                             Sec. 3111. Review of adequacy of nuclear                Sec. 3156. Authorization of appropriations               DIVISION E—ADDITIONAL PROVISIONS
                                                           weapons budget.                                         for W93 nuclear warhead pro-
                                             Sec. 3112. Treatment of budget of National                                                                              TITLE LI—PROCUREMENT
                                                                                                                   gram.
                                                           Nuclear Security Administra-              Sec. 3157. Review of future of computing be-                    Subtitle B—Army Programs
                                                           tion.                                                   yond exascale at the National            Sec. 5111. Report on CH–47F Chinook Block-
                                             Sec. 3113. Responsibility of Administrator                                                                                   II upgrade.
                                                                                                                   Nuclear Security Administra-
                                                           for Nuclear Security for ensur-
                                                                                                                   tion.                                             Subtitle C—Navy Programs
                                                           ing National Nuclear Security             Sec. 3158. Application of requirement for
                                                           Administration budget satisfies                                                                  Sec. 5121. Limitation on alteration of Navy
                                                                                                                   independent cost estimates and                         fleet mix.
                                                           nuclear weapons needs of De-                            reviews to new nuclear weapon
                                                           partment of Defense.                                                                              TITLE LII—RESEARCH, DEVELOPMENT,
                                                                                                                   systems.                                           TEST, AND EVALUATION
                                             Sec. 3114. Participation of Secretary of De-
                                                                                                     Sec. 3159. Extension and expansion of limita-
                                                           fense in planning, program-                                                                           Subtitle B—Program Requirements,
                                                                                                                   tions on importation of ura-
                                                           ming, budgeting, and execution                                                                           Restrictions, and Limitations
                                                                                                                   nium from Russian Federation.
                                                           process of National Nuclear Se-                                                                  Sec. 5211. Importance of historically Black
                                                                                                     Sec. 3160. Integration of stockpile steward-
                                                           curity Administration.                                                                                         colleges and universities and
                                                                                                                   ship and nonproliferation mis-
                                             Sec. 3115. Requirement for updated plan-                                                                                     minority-serving institutions.
                                                                                                                   sions.
                                                           ning, programming, budgeting,
                                                                                                     Sec. 3161. Technology development and inte-                Subtitle C—Plans, Reports, and Other
                                                           and execution guidance for Na-
                                                                                                                   gration program.                                             Matters
                                                           tional Nuclear Security Admin-
                                                                                                     Sec. 3162. Advanced manufacturing develop-             Sec. 5231. Report on Department of Defense
                                                           istration.
                                             Sec. 3116. Cross-training in budget processes                         ment program.                                          strategy on artificial intel-
                                                           of Department of Defense and              Sec. 3163. Materials science program.                                ligence standards.
                                                           National Nuclear Security Ad-             Sec. 3164. Modifications to Inertial Confine-          Sec. 5232. Study     on    establishment     of
                                                           ministration.                                           ment Fusion Ignition and High                          energetics program office.
                                                                                                                   Yield Program.                                  TITLE LIII—OPERATION AND
                                                    Subtitle C—Personnel Matters                     Sec. 3165. Earned value management pro-                                MAINTENANCE
                                             Sec. 3121. National Nuclear Security Admin-                           gram for life extension pro-
                                                           istration Personnel System.                                                                         Subtitle C—Logistics and Sustainment
                                                                                                                   grams.
                                             Sec. 3122. Inclusion of certain employees and           Sec. 3166. Use of high performance com-                Sec. 5331. Use of cost savings realized from
                                                           contractors of Department of                            puting capabilities for COVID–                         intergovernmental       services
                                                           Energy in definition of public                          19 research.                                           agreements for installation-
                                                           safety officer for purposes of            Sec. 3167. Availability of stockpile respon-                         support services.
                                                           certain death benefits.                                 siveness funds for projects to                        Subtitle D—Reports
                                             Sec. 3123. Reimbursement for liability insur-                         reduce time necessary to exe-            Sec. 5351. Report on non-permissive, global
                                                           ance for nuclear materials                              cute a nuclear test.                                   positioning system denied air-
                                                           couriers.                                                                                                      field capabilities.
                                             Sec. 3124. Transportation and moving ex-                    TITLE XXXII—DEFENSE NUCLEAR
                                                           penses for immediate family of                   FACILITIES SAFETY BOARD                                   Subtitle E—Other Matters
                                                           deceased    nuclear    materials          Sec. 3201. Authorization.                              Sec. 5371. Increase of amounts available to
                                                           couriers.                                 Sec. 3202. Nonpublic collaborative discus-                           Marine Corps for base oper-
                                             Sec. 3125. Extension of authority for ap-                             sions by Defense Nuclear Fa-                           ations and support.
                                                           pointment of certain scientific,                        cilities Safety Board.                   Sec. 5372. Modernization of congressional re-
                                                           engineering, and technical per-           Sec. 3203. Improvements to operations of De-                         ports process.
                                                           sonnel.                                                 fense Nuclear Facilities Safety              TITLE LV—MILITARY PERSONNEL
                                                       Subtitle D—Cybersecurity                                    Board.                                                       POLICY
                                             Sec. 3131. Reporting on penetrations of net-                     TITLE XXXV—MARITIME                              Subtitle C—General Service Authorities
                                                           works of contractors and sub-                          ADMINISTRATION                            Sec. 5516. Report on implementation of rec-
                                                           contractors.                              Sec. 3501. Maritime Administration.                                  ommendations of the Comp-
                                             Sec. 3132. Clarification of responsibility for                DIVISION D—FUNDING TABLES                                      troller General of the United
                                                           cybersecurity of National Nu-                                                                                  States on recruitment and re-
                                                           clear Security Administration             Sec. 4001. Authorization of amounts in fund-
                                                                                                                   ing tables.                                            tention of female members of
                                                           facilities.                                                                                                    the Armed Forces.
                                             Subtitle E—Defense Environmental Cleanup                        TITLE XLI—PROCUREMENT
                                                                                                                                                                 Subtitle F—Decorations and Awards
                                             Sec. 3141. Public statement of environ-                 Sec. 4101. Procurement.
                                                                                                                                                            Sec. 5551. Report on regulations and proce-
                                                           mental liabilities for facilities         Sec. 4102. Procurement for overseas contin-
                                                                                                                                                                          dures to implement programs
                                                           undergoing defense environ-                             gency operations.
                                                                                                                                                                          on award of medals or com-
                                                           mental cleanup.                           TITLE XLII—RESEARCH, DEVELOPMENT,                                    mendations to handlers of mili-
                                             Sec. 3142. Inclusion of missed milestones in                      TEST, AND EVALUATION                                       tary working dogs.
                                                           future-years defense environ-             Sec. 4201. Research, development, test, and             Subtitle G—Defense Dependents’ Education
                                                           mental cleanup plan.                                    evaluation.                                 and Military Family Readiness Matters
                                             Sec. 3143. Classification of defense environ-           Sec. 4202. Research, development, test, and
                                                           mental cleanup as capital asset                                                                     PART II—MILITARY FAMILY READINESS
                                                                                                                   evaluation for overseas contin-                              MATTERS
                                                           projects or operations activi-                          gency operations.
                                                           ties.                                                                                            Sec. 5571. Independent study and report on
                                             Sec. 3144. Continued analysis of approaches                   TITLE XLIII—OPERATION AND                                      military spouse underemploy-
                                                           for supplemental treatment of                             MAINTENANCE                                          ment.




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                                                           low-activity waste at Hanford             Sec. 4301. Operation and maintenance.                            Subtitle H—Other Matters
                                                           Nuclear Reservation.                      Sec. 4302. Operation and maintenance for
                                                                                                                                                            Sec. 5586. Questions regarding racism, anti-
                                                       Subtitle F—Other Matters                                    overseas     contingency   oper-
                                                                                                                                                                          Semitism, and supremacism in
                                                                                                                   ations.
                                             Sec. 3151. Modifications to enhanced pro-                                                                                    workplace surveys adminis-
                                                           curement authority to manage                TITLE XLIV—MILITARY PERSONNEL                                      tered by the Secretary of De-
                                                           supply chain risk.                        Sec. 4401. Military personnel.                                       fense.




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                                             June 29, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                    S3747
                                             Sec. 5587. Briefing on the implementation of            Sec. 5893. Applicability of reporting require-         Sec. 6096B. Wireless Emergency Alerts Sys-
                                                           requirements on connections of                          ment related to notional mile-                         tem offerings.
                                                           retiring and separating mem-                            stones and standard timelines            Sec. 6096C. State Emergency Alert System
                                                           bers of the Armed Forces with                           for foreign military sales.                            Plans and Emergency Commu-
                                                           community-based organizations             Sec. 5894. Additional requirements related                           nications Committees.
                                                           and related entities.                                   to mitigating risks related to           Sec. 6096D. Integrated public alert and warn-
                                             Sec. 5590. Pilot programs on remote provi-                            foreign ownership, control, or                         ing system guidance.
                                                           sion by National Guard to State                         influence of Department of De-           Sec. 6096E. False alert reporting.
                                                           governments       and    National                       fense contractors and sub-               Sec. 6096F. Repeating Emergency Alert Sys-
                                                           Guards of other States of cyber-                        contractors.                                           tem messages for national secu-
                                                           security technical assistance in           TITLE LIX—DEPARTMENT OF DEFENSE                                     rity.
                                                           training, preparation, and re-               ORGANIZATION AND MANAGEMENT                         Sec. 6096G. Internet and online streaming
                                                           sponse to cyber incidents.                                                                                     services emergency alert exam-
                                                                                                     Subtitle D—Organization and Management
                                             TITLE LVII—HEALTH CARE PROVISIONS                         of Other Department of Defense Offices and                         ination.
                                             Subtitle A—TRICARE and Other Health Care                  Elements                                               TITLE LXII—MATTERS RELATING TO
                                                                Provisions                                                                                               FOREIGN NATIONS
                                                                                                     Sec. 5951. Comptroller General of the United
                                             Sec. 5707. Pilot program on receipt of non-                           States report on vulnerabilities         Subtitle B—Matters Relating to Afghanistan
                                                           generic prescription mainte-                            of the Department of Defense                              and Pakistan
                                                           nance      medications      under                       resulting from offshore tech-
                                                           TRICARE pharmacy benefits                                                                        Sec. 6211. Congressional oversight of United
                                                                                                                   nical support call centers.
                                                           program.                                                                                                       States talks with Taliban offi-
                                                                                                         TITLE LX—GENERAL PROVISIONS                                      cials and Afghanistan’s com-
                                               Subtitle B—Health Care Administration
                                                                                                             Subtitle A—Financial Matters                                 prehensive peace process.
                                             Sec. 5723. Authority of Secretary of Defense
                                                           to waive requirements during              Sec. 6001. Under     Secretary     of  Defense         Subtitle D—Matters Relating to Europe and
                                                           national emergencies for pur-                           (Comptroller) reports on im-                        the Russian Federation
                                                           poses of provision of health                            proving the budget justification         Sec. 6231. Clarification and expansion of
                                                           care.                                                   and related materials of the De-                       sanctions relating to construc-
                                                                                                                   partment of Defense.                                   tion of Nord Stream 2 or
                                                Subtitle C—Reports and Other Matters
                                                                                                     Sec. 6002. Report on fiscal year 2022 budget
                                             Sec. 5741. Study and report on surge capac-                                                                                  TurkStream pipeline projects.
                                                                                                                   request requirements in con-
                                                           ity of Department of Defense to                                                                  Sec. 6235. Sense of Senate on admission of
                                                                                                                   nection with Air Force oper-
                                                           establish negative air room                                                                                    Ukraine to the North Atlantic
                                                                                                                   ations in the Arctic.
                                                           containment systems in mili-                                                                                   Treaty Organization Enhanced
                                                           tary medical treatment facili-             Subtitle E—Miscellaneous Authorities and                            Opportunities Partnership Pro-
                                                           ties.                                                       Limitations                                        gram.
                                             TITLE LVIII—ACQUISITION POLICY, AC-                     Sec. 6046. Conditions for permanently basing            Subtitle E—Matters Relating to the Indo-
                                              QUISITION MANAGEMENT, AND RE-                                        United States equipment or ad-                            Pacific Region
                                              LATED MATTERS                                                        ditional military units in host
                                                                                                                   countries with at-risk vendors           Sec. 6251. Pilot program to improve cyber
                                                 Subtitle A—Industrial Base Matters                                                                                       cooperation      with  Vietnam,
                                                                                                                   in 5G or 6G networks.
                                             Sec. 5801. Report on use of domestic non-                                                                                    Thailand, and Indonesia.
                                                           availability determinations.                     Subtitle F—Studies and Reports
                                                                                                                                                                         Subtitle F—Reports
                                             Sec. 5802. Report on the effect of the Defense          Sec. 6061. Maritime security and domain
                                                           Manufacturing       Communities                         awareness.                               Sec. 6273. Report on risk to personnel, equip-
                                                           Support Program on the de-                Sec. 6062. Report on pandemic preparedness                           ment, and operations due to
                                                           fense supply chain.                                     and planning of the Navy.                              Huawei 5G architecture in host
                                             Sec. 5803. Improving implementation of pol-                       Subtitle G—Other Matters                                   countries.
                                                           icy pertaining to the national            Sec. 6081. Modification to First Division                        Subtitle G—Other Matters
                                                           technology and industrial base.                         monument.                                Sec. 6281. Comparative studies on defense
                                             Sec. 5808. Additional     requirements      per-
                                                                                                     Sec. 6082. Estimate of damages from Federal                          budget transparency of the Peo-
                                                           taining    to   printed   circuit
                                                                                                                   Communications        Commission                       ple’s Republic of China, the
                                                           boards.
                                             Sec. 5812. Miscellaneous limitations on the                           Order 20–48.                                           Russian Federation, and the
                                                           procurement of goods other                Sec. 6083. Diesel emissions reduction.                               United States.
                                                                                                     Sec. 6084. Utilizing significant emissions             Sec. 6282. Modification to initiative to sup-
                                                           than United States goods.
                                                                                                                   with innovative technologies.                          port protection of national se-
                                             Subtitle C—Amendments to General Con-                   Sec. 6085. Legal assistance for veterans and                         curity academic researchers
                                              tracting Authorities, Procedures, and Lim-                           surviving spouses and depend-                          from undue influence and other
                                              itations                                                             ents.                                                  security threats.
                                             Sec. 5841. Waivers of certain conditions for            Sec. 6086. Silver Star Service Banner Day.             Sec. 6283. Sense of Senate on United States-
                                                           progress payments under cer-              Sec. 6087. Established Program to Stimulate                          Israel cooperation on precision-
                                                           tain    contracts    during    the                      Competitive Research.                                  guided munitions.
                                                           COVID–19 national emergency.              Sec. 6088. Subpoena authority.                         Sec. 6284. Blocking deadly fentanyl imports.
                                                  Subtitle E—Small Business Matters                  Sec. 6089. Thad Cochran headquarters build-            Sec. 6286. Establishment of United States-
                                             Sec. 5871. Office of Small Business and Dis-                          ing.                                                   Israel    Operations-Technology
                                                           advantaged Business Utiliza-              Sec. 6090. Comptroller General of the United                         Working Group.
                                                           tion.                                                   States report on handling by
                                             Sec. 5872. Eligibility of the Commonwealth                            Department of Veterans Affairs            Subtitle H—United States-Israel Security
                                                           of the Northern Mariana Is-                             of disability-related benefits                              Assistance
                                                           lands for certain Small Busi-                           claims by veterans with type 1           Sec. 6290. Short title.
                                                           ness Administration programs.                           diabetes who were exposed to a           Sec. 6290A. Definition.
                                             Sec. 5873. Disaster declaration in rural                              herbicide agent.                         CHAPTER 1—SECURITY ASSISTANCE FOR ISRAEL
                                                           areas.                                    Sec. 6091. Special rules for certain monthly
                                             Sec. 5874. Temporary extension for 8(a) par-                          workers’ compensation pay-               Sec. 6291. Findings.
                                                           ticipants.                                              ments and other payments for             Sec. 6292. Statement of policy.
                                             Sec. 5875. Maximum award price for sole                               Federal Government personnel             Sec. 6293. Security assistance for Israel.
                                                           source     manufacturing     con-                       under chief of mission author-           Sec. 6294. Extension of war reserves stock-
                                                           tracts.                                                 ity.                                                   pile authority.
                                             Sec. 5876. Annual reports regarding the                                                                        Sec. 6295. Extension of loan guarantees to
                                                                                                          Subtitle H—Industries of the Future
                                                           SBIR program of the Depart-                                                                                    Israel.
                                                           ment of Defense.                          Sec. 6094A. Short title.                               Sec. 6296. Transfer of precision guided muni-
                                             Sec. 5877. Small business loans for nonprofit           Sec. 6094B. Report on Federal research and                           tions to Israel.
                                                                                                                   development focused on indus-




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                                                           child care providers.                                                                            Sec. 6297. Sense of Congress on rapid acqui-
                                                       Subtitle G—Other Matters                                    tries of the future.                                   sition and deployment proce-
                                                                                                     Sec. 6094C. Industries of the Future Coordi-                         dures.
                                             Sec. 5891. Listing of other transaction au-
                                                                                                                   nation Council.
                                                           thority consortia.                                                                               Sec. 6298. Eligibility of Israel for the stra-
                                             Sec. 5892. Report recommending disposition                          Subtitle I—READI Act                                     tegic trade authorization excep-
                                                           of notes to certain sections of           Sec. 6096. Short title.                                              tion to certain export control
                                                           title 10, United States Code.             Sec. 6096A. Definitions.                                             licensing requirements.




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                                             S3748                                             CONGRESSIONAL RECORD — SENATE                                                          June 29, 2020
                                                 CHAPTER 2—ENHANCED UNITED STATES-                   TITLE LXXXI—DEPARTMENT OF ENERGY                       Sec. 9326. Open source intelligence strate-
                                                          ISRAEL COOPERATION                             NATIONAL SECURITY PROGRAMS                                      gies and plans for the intel-
                                             Sec. 6299. United States Agency for Inter-                        Subtitle F—Other Matters                                  ligence community.
                                                           national Development memo-                Sec. 8159. Extension and expansion of limita-            TITLE XCIV—SECURITY CLEARANCES
                                                           randa of understanding to en-                           tions on importation of ura-                     AND TRUSTED WORKFORCE
                                                           hance cooperation with Israel.                          nium from Russian Federation.            Sec. 9401. Exclusivity,    consistency,     and
                                             Sec. 6299A. Cooperative projects among the                                                                                  transparency in security clear-
                                                           United States, Israel, and de-            DIVISION F—INTELLIGENCE AUTHORIZA-
                                                                                                          TION ACT FOR FISCAL YEAR 2021                                  ance procedures, and right to
                                                           veloping countries.                                                                                           appeal.
                                             Sec. 6299B. Joint cooperative program re-               Sec. 9001. Short title.
                                                                                                     Sec. 9002. Definitions.                                Sec. 9402. Establishing process parity for se-
                                                           lated to innovation and high-
                                                                                                                                                                         curity clearance revocations.
                                                           tech for the Middle East region.           TITLE XCI—INTELLIGENCE ACTIVITIES                     Sec. 9403. Federal policy on sharing of derog-
                                             Sec. 6299C. Sense of Congress on United                 Sec. 9101. Authorization of appropriations.                         atory information pertaining to
                                                           States-Israel economic coopera-           Sec. 9102. Classified Schedule of Authoriza-                        contractor employees in the
                                                           tion.                                                   tions.
                                             Sec. 6299D. Cooperation on directed energy                                                                                  trusted workforce.
                                                                                                     Sec. 9103. Intelligence Community Manage-
                                                           capabilities.                                                                                       TITLE XCV—REPORTS AND OTHER
                                                                                                                   ment Account.
                                             Sec. 6299E. Plans to provide Israel with nec-                                                                                    MATTERS
                                                           essary defense articles and               TITLE XCII—CENTRAL INTELLIGENCE
                                                                                                                                                            Sec. 9501. Report on attempts by foreign ad-
                                                           services in a contingency.                  AGENCY        RETIREMENT         AND     DIS-
                                                                                                                                                                         versaries to build telecommuni-
                                             Sec. 6299F. Other matters of cooperation.                 ABILITY SYSTEM
                                                                                                                                                                         cations     and    cybersecurity
                                               TITLE LXVI—STRATEGIC PROGRAMS,                        Sec. 9201. Authorization of appropriations.                         equipment and services for, or
                                               CYBER, AND INTELLIGENCE MATTERS                              TITLE XCIII—INTELLIGENCE                                     to provide such equipment and
                                                Subtitle B—Cyberspace Related Matters                           COMMUNITY MATTERS                                        services to, certain allies of the
                                             Sec. 6611. Report on use of encryption by De-           Subtitle A—General Intelligence Community                           United States.
                                                           partment of Defense national                                  Matters                            Sec. 9502. Report on threats posed by use by
                                                           security systems.                         Sec. 9301. Restriction on conduct of intel-                         foreign governments and enti-
                                             Sec. 6612. Guidance and direction on use of                           ligence activities.                                   ties of commercially available
                                                           direct hiring processes for arti-         Sec. 9303. Clarification of authorities and re-                     cyber intrusion and surveil-
                                                           ficial intelligence professionals                       sponsibilities of National Man-                       lance technology.
                                                           and other data science and soft-                        ager for National Security               Sec. 9503. Reports on recommendations of
                                                           ware development personnel.                             Telecommunications and Infor-                         the Cyberspace Solarium Com-
                                             Sec. 6613. Cybersecurity State Coordinator                            mation Systems Security.                              mission.
                                                           Act.                                      Sec. 9304. Continuity of operations plans for          Sec. 9504. Assessment of critical technology
                                             Sec. 6614. Cybersecurity      Advisory     Com-                       certain elements of the intel-                        trends relating to artificial in-
                                                           mittee.                                                 ligence community in the case                         telligence,    microchips,     and
                                             Sec. 6615. Cybersecurity      Education     and                       of a national emergency.                              semiconductors      and    related
                                                           Training Assistance Program.              Sec. 9305. Application of Executive Schedule                        supply chains.
                                                      Subtitle C—Nuclear Forces                                    level III to position of Director        Sec. 9505. Combating Chinese influence oper-
                                             Sec. 6651. Report on electromagnetic pulse                            of National Reconnaissance Of-                        ations in the United States and
                                                           hardening of ground-based stra-                         fice.                                                 strengthening civil liberties
                                                           tegic deterrent weapons sys-              Sec. 9306. National Intelligence University.                        protections.
                                                           tem.                                      Sec. 9307. Requiring facilitation of establish-        Sec. 9506. Annual report on corrupt activi-
                                                  TITLE LXVII—NUCLEAR ENERGY                                       ment of Social Media Data and                         ties of senior officials of the
                                                              LEADERSHIP                                           Threat Analysis Center.                               Chinese Communist Party.
                                                                                                     Sec. 9308. Data collection on attrition in in-         Sec. 9507. Report on corrupt activities of
                                             Sec. 6701. Advanced nuclear reactor research                                                                                Russian and other Eastern Eu-
                                                           and development goals.                                  telligence community.
                                                                                                     Sec. 9309. Limitation on delegation of re-                          ropean oligarchs.
                                             Sec. 6702. Nuclear energy strategic plan.
                                                                                                                   sponsibility for program man-            Sec. 9508. Report on biosecurity risk and
                                             Sec. 6703. Versatile, reactor-based fast neu-
                                                                                                                   agement of information-sharing                        disinformation by the Chinese
                                                           tron source.
                                             Sec. 6704. Advanced nuclear fuel security                             environment.                                          Communist Party and the Gov-
                                                           program.                                  Sec. 9310. Improvements to provisions relat-                        ernment of the People’s Repub-
                                             Sec. 6705. University Nuclear Leadership                              ing to intelligence community                         lic of China.
                                                           Program.                                                information technology envi-             Sec. 9509. Report on effect of lifting of
                                             Sec. 6706. Adjusting strategic petroleum re-                          ronment.                                              United Nations arms embargo
                                                           serve mandated drawdowns.                 Sec. 9311. Requirements and authorities for                         on Islamic Republic of Iran.
                                             TITLE LXXVIII—MILITARY CONSTRUC-                                      Director of the Central Intel-           Sec. 9510. Report on Iranian activities relat-
                                                  TION AND GENERAL PROVISIONS                                      ligence Agency to improve edu-                        ing to nuclear nonproliferation.
                                                                                                                   cation in science, technology,           Sec. 9511. Sense of Congress on Third Option
                                              Subtitle A—Military Construction Program
                                                                                                                   engineering, arts, and mathe-                         Foundation.
                                             Sec. 7801. Modification to authority for mili-
                                                                                                                   matics.                                  SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
                                                           tary construction projects for
                                                                                                         Subtitle B—Reports and Assessments                   In this Act, the term ‘‘congressional de-
                                                           child development centers at
                                                                                                        Pertaining to Intelligence Community                fense committees’’ has the meaning given
                                                           military installations.
                                             Sec. 7802. Modification of construction of              Sec. 9321. Assessment by the Comptroller               that term in section 101(a)(16) of title 10,
                                                           ground-based strategic deter-                           General of the United States on          United States Code.
                                                           rent    launch    facilities  and                       efforts of the intelligence com-         SEC. 4. BUDGETARY EFFECTS OF THIS ACT.
                                                           launch centers for the Air                              munity and the Department of               The budgetary effects of this Act, for the
                                                           Force.                                                  Defense to identify and miti-            purposes of complying with the Statutory
                                                 Subtitle B—Military Family Housing                                gate risks posed to the intel-           Pay-As-You-Go Act of 2010, shall be deter-
                                                                                                                   ligence community and the De-            mined by reference to the latest statement
                                             Sec. 7821. Inclusion of assessment of per-
                                                                                                                   partment by the use of direct-           titled ‘‘Budgetary Effects of PAYGO Legisla-
                                                           formance metrics in annual
                                                                                                                   to-consumer genetic testing by           tion’’ for this Act, jointly submitted for
                                                           publication on use of incentive
                                                                                                                   the Government of the People’s           printing in the Congressional Record by the
                                                           fees for privatized military
                                                                                                                   Republic of China.                       Chairmen of the House and Senate Budget
                                                           housing projects.
                                                                                                     Sec. 9322. Report on use by intelligence com-          Committees, provided that such statement
                                                    Subtitle D—Land Conveyances                                                                             has been submitted prior to the vote on pas-
                                                                                                                   munity of hiring flexibilities
                                             Sec. 7861. Establishment      of    interagency                       and expedited human resources            sage in the House acting first on the con-
                                                           committees on joint use of cer-                         practices to assure quality and          ference report or amendment between the
                                                           tain land withdrawn from ap-                            diversity in the workforce of            Houses.
                                                           propriation under public land                           the intelligence community.               DIVISION A—DEPARTMENT OF DEFENSE




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                                                           laws.                                     Sec. 9323. Report on signals intelligence pri-                      AUTHORIZATIONS
                                             Sec. 7862. Lease extension for Bryan Multi-                           orities and requirements.
                                                           Sports Complex, Wayne Coun-                                                                                TITLE I—PROCUREMENT
                                                                                                     Sec. 9324. Assessment of demand for student
                                                           ty, North Carolina.                                     loan repayment program ben-               Subtitle A—Authorization of Appropriations
                                                       Subtitle E—Other Matters                                    efit.                                    SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
                                             Sec. 7881. Sense of Congress on relocation of           Sec. 9325. Assessment of intelligence com-               Funds are hereby authorized to be appro-
                                                           Joint Spectrum Center.                                  munity demand for child care.            priated for fiscal year 2021 for procurement




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                                             June 29, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S3749
                                             for the Army, the Navy and the Marine                   aerial systems centers of excellence to help           deploy or forward station the two batteries
                                             Corps, the Air Force, and Defense-wide ac-              focus Army and joint force efforts to achiev-          of interim cruise missile defense capability
                                             tivities, as specified in the funding table in          ing a functional integrated air and missile            procured pursuant to section 112 of the John
                                             section 4101.                                           defense capability and capacity to meet re-            S. McCain National Defense Authorization
                                                       Subtitle B—Army Programs                      quirements of the combatant commands.                  Act for Fiscal Year 2019 (Public Law 115–232;
                                             SEC. 111. INTEGRATED AIR AND MISSILE DE-                  (3) CHARACTERIZATION.—                               132 Stat. 1660) in an operational theater or
                                                        FENSE ASSESSMENT.                              (A) IN GENERAL.—In carrying out para-                theaters.
                                               (a) ASSESSMENT BY SECRETARY OF THE                    graph (2)(A), the Secretary shall avoid broad            (b) MODIFICATION OF WAIVER.—Section
                                             ARMY.—                                                  characterizations that do not sufficiently             112(b)(4) of the John S. McCain National De-
                                               (1) IN GENERAL.—The Secretary of the                  distinguish between distinctly different               fense Authorization Act for Fiscal Year 2019
                                             Army shall conduct a classified assessment              threats in the same general class.                     (Public Law 115–232; 132 Stat. 1661) is amend-
                                             of the capability and capacity of current and             (B) EXAMPLE.—An example of a broad char-             ed to read as follows:
                                             planned integrated air and missile defense              acterization to be avoided under such para-              ‘‘(4) WAIVER.—The Secretary of the Army
                                             (IAMD) capabilities to meet combatant com-              graph is ‘‘cruise missiles’’, since such charac-       may waive the deadlines specified in para-
                                             mander requirements for major operations                terization does not sufficiently distinguish           graph (1):
                                             against great-power competitors and other               between current cruise missiles and emerg-               ‘‘(A) For the deadline specified in para-
                                             global operations in support of the National            ing hypersonic cruise missiles, which may              graph (1)(A), if the Secretary determines
                                             Defense Strategy.                                       require different capabilities to counter              that sufficient funds have not been appro-
                                               (2) ELEMENTS.—The assessment required by              them.                                                  priated to enable the Secretary to meet such
                                             paragraph (1) shall include the following:                (4) REPORT AND INTERIM BRIEFING.—                    deadline.
                                               (A) Analysis and characterization of cur-               (A) INTERIM BRIEFING.—Not later than De-               ‘‘(B) For the deadline specified in para-
                                             rent and emerging threats, including the fol-           cember 15, 2020, the Secretary shall provide           graph (1)(B), if the Secretary submits to the
                                             lowing:                                                 the Committee on Armed Services of the                 congressional defense committees a certifi-
                                               (i) Cruise, hypersonic, and ballistic mis-            Senate and Committee on Armed Services of              cation that—
                                             siles.                                                  the House of Representatives a briefing on               ‘‘(i) allocating resources toward procure-
                                               (ii) Unmanned aerial systems.                         the assessment being conducted by the Sec-             ment of an integrated enduring capability
                                               (iii) Rockets.                                        retary under paragraph (1).                            would provide robust tiered and layered pro-
                                               (iv) Other indirect fire.                               (B) REPORT.—Not later than February 15,              tection to the joint force; or
                                               (v) Specific and meaningfully varied exam-            2021, the Secretary shall submit to the Com-             ‘‘(ii) additional time is required to com-
                                             ples within each of subclauses (I) through              mittee on Armed Services of the Senate and             plete training and preparation for oper-
                                             (IV).                                                   Committee on Armed Services of the House               ational capability.’’.
                                               (B) Analysis of current and planned inte-             of Representatives a report on the findings of                    Subtitle C—Navy Programs
                                             grated air and missile defense capabilities to          the Secretary with respect to the assessment           SEC. 121. CONTRACT AUTHORITY FOR COLUMBIA-
                                             counter the threats analyzed and character-             conducted under paragraph (1).                                     CLASS SUBMARINE PROGRAM.
                                             ized under subparagraph (A), including the                (b) REVIEW BY VICE CHAIRMAN OF THE JOINT               (a) CONTRACT AUTHORITY.—The Secretary
                                             following:                                              CHIEFS OF STAFF.—                                      of the Navy may enter into a contract, be-
                                               (i) Projected timelines for development,                (1) REVIEW.—The Vice Chairman of the                 ginning with fiscal year 2021, for the procure-
                                             procurement, and fielding of planned inte-              Joint Chiefs of Staff shall review the assess-         ment of up to two Columbia-class sub-
                                             grated air and missile defense capabilities.            ment being conducted under subsection (a)(1)           marines.
                                               (ii) Projected capability gaps.                       for potential gaps in capability and capacity            (b) INCREMENTAL FUNDING.—With respect
                                               (iii) Opportunities for acceleration or need          to meet requirements of the National De-               to a contract entered into under subsection
                                             for incorporation of interim capabilities to            fense Strategy.                                        (a), the Secretary of the Navy may use incre-
                                             address current and projected gaps.                       (2) REPORT.—Not later than April 15, 2021,           mental funding to make payments under the
                                               (C) Analysis of current and planned capac-            the Vice Chairman of the Joint Chiefs of               contract.
                                             ity to meet major contingency plan require-             Staff shall submit to the Committee on                   (c) LIABILITY.—Any contract entered into
                                             ments and ongoing global operations of the              Armed Services of the Senate and Com-                  under subsection (a) shall provide that—
                                             combatant commands, including the fol-                  mittee on Armed Services of the House of                 (1) any obligation of the United States to
                                             lowing:                                                 Representatives a report on the finding of             make a payment under the contract is sub-
                                               (i) Current and planned numbers of inte-              the Vice Chairman with respect to the re-              ject to the availability of appropriations for
                                             grated air and missile defense systems and              view conducted under paragraph (1).                    that purpose; and
                                             formations, including munitions.                        SEC. 112. REPORT AND LIMITATION ON INTE-
                                                                                                                                                              (2) total liability of the Federal Govern-
                                               (ii) Capacity gaps in addressing combatant                        GRATED VISUAL AUGMENTATION                 ment for termination of any contract en-
                                             command requirements.                                               SYSTEM ACQUISITION.                        tered into shall be limited to the total
                                               (iii) Operations tempo stress on integrated             (a) REPORT REQUIRED.—                                amount of funding obligated to the contract
                                             air and missile defense formations and per-               (1) IN GENERAL.—Not later than August 15,            at time of termination.
                                             sonnel.                                                 2021, the Secretary of the Army shall submit             (2) total liability of the Federal Govern-
                                               (iv) Plans of the Secretary to continue to            to the congressional defense committees a              ment for termination of any contract en-
                                             increase integrated air and missile defense             report on the Integrated Visual Augmenta-              tered into shall be limited to the total
                                             personnel and formations.                               tion System (IVAS) subsequent to the com-              amount of funding obligated to the contract
                                               (D) Assessment of integrated air and mis-             pletion of operational testing.                        at time of termination.
                                             sile defense architecture and enabling com-               (2) ELEMENTS REQUIRED.—The report re-                SEC. 122. LIMITATION ON NAVY MEDIUM AND
                                             mand and control systems, including the fol-            quired by paragraph (1) shall include the fol-                     LARGE UNMANNED SURFACE VES-
                                             lowing:                                                                                                                    SELS.
                                                                                                     lowing:
                                               (i) A description of the integrated air and             (A) Certification of the IVAS acquisition              (a) MILESTONE B APPROVAL REQUIRE-
                                             missile defense architecture and component                                                                     MENTS.—Milestone B approval may not be
                                                                                                     strategy, to include production model costs,
                                             counter unmanned aerial systems (C-UAS)                 full rate production schedule, and identifica-         granted for a covered program unless such
                                             sub-architecture.                                       tion of any changes resulting from oper-               program accomplishes prior to and incor-
                                               (ii) Identification of the enabling command           ational testing.                                       porates into such approval—
                                             and control (C2) systems.                                 (B) Certification of technology levels being           (1) qualification by the Senior Technical
                                               (iii) Inter-connectivity of the enabling              utilized in the full rate production model.            Authority of—
                                             command and control systems.                              (C) Certification of operational suitability           (A) at least two different main propulsion
                                               (iv) Compatibility of the enabling com-               and soldier acceptability of the production            engines and ancillary equipment, including
                                             mand and control systems with planned                   model IVAS.                                            the fuel and lube oil systems; and
                                             Joint All Domain Command and Control                      (b) LIMITATION ON USE OF FUNDS.—Not                    (B) at least two different electrical genera-
                                             (JADC2) architecture.                                   more than 50 percent of the amounts author-            tors and ancillary equipment;
                                               (E) Assessment of proponency within the               ized to be appropriated by this Act for fiscal           (2) final results of test programs of engi-
                                             Army of integrated air and missile defense              year 2021 for procurement of the Integrated            neering development models or prototypes
                                             and counter unmanned aerial systems, in-                Visual Augmentation System may be obli-                for critical systems specified by the Senior
                                             cluding the following:                                  gated or expended until the Secretary sub-             Technical Authority in their final form, fit,
                                               (i) A description of the current proponency           mits to the congressional defense commit-              and function and in a realistic environment;
                                             structure.                                              tees the report required under subsection (a).         and




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                                               (ii) Adequacy of the current proponency               SEC. 113. MODIFICATIONS TO REQUIREMENT FOR               (3) a determination by the milestone deci-
                                             structure to facilitate Army executive agen-                        AN INTERIM CRUISE MISSILE DE-              sion authority of the minimum number of
                                             cy integrated air and missile defense and                           FENSE CAPABILITY.                          vessels, discrete test events, performance pa-
                                             counter unmanned aerial systems functions                 (a) PLAN.—Not later than January 15, 2021,           rameters to be tested, and schedule required
                                             for the Department of Defense.                          the Secretary of the Army shall submit to              to complete initial operational test and eval-
                                               (iii) Benefits of establishing integrated air         the congressional defense committees the               uation and demonstrate operational suit-
                                             and missile defense and counter unmanned                plan, including a timeline, to operationally           ability and operational effectiveness.




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                                             S3750                                             CONGRESSIONAL RECORD — SENATE                                                          June 29, 2020
                                               (b) QUALIFICATION REQUIREMENTS.—The                     (A) the estimated end cost and appro-                Authorization Act for a given fiscal year
                                             qualification required in subsection (a)(1)             priated funds by fiscal year, by hull, without         that is subsequently appropriated by Con-
                                             shall include a land-based operational dem-             the authority provided in subsection (a);              gress in an amount greater than the quan-
                                             onstration of such equipment in the vessel-               (B) the estimated end cost and appro-                tity of such system included in the Presi-
                                             representative form, fit, and function for not          priated funds by fiscal year, by hull, with the        dent’s annual budget request submitted to
                                             less than 1,080 continuous hours without pre-           authority provided in subsection (a);                  Congress under section 1105 of title 31,
                                             ventative maintenance, corrective mainte-                 (C) the estimated cost savings or increase           United States Code, for such fiscal year shall
                                             nance, emergent repair, or any other form of            by fiscal year, by hull, with the authority            not be included as a new procurement quan-
                                             repair or maintenance.                                  provided in subsection (a);                            tity in future annual budget requests.
                                               (c) REQUIREMENT TO USE QUALIFIED EN-                    (D) the discrete actions that will accom-            SEC. 127. REPORT ON CARRIER WING COMPOSI-
                                             GINES AND GENERATORS.—The Secretary of                  plish such cost savings or avoidance; and                          TION.
                                             the Navy shall require that covered pro-                  (E) the contractual actions that will en-              (a) REPORT.—Not later than May 1, 2021,
                                             grams use only main propulsion engines and              sure the estimated cost savings are realized.          the Secretary of the Navy, in consultation
                                             electrical generators that are qualified under            (3) There is a reasonable expectation that           with the Chief of Naval Operations and Com-
                                             subsection (a)(1).                                      throughout the contemplated contract pe-
                                               (d) LIMITATION.—The Secretary of the Navy                                                                    mandant of the Marine Corps, shall submit
                                                                                                     riod the Secretary of the Navy will request            to the congressional defense committees a
                                             may not release a detail design or construc-
                                             tion request for proposals or obligate funds            funding for the contract at the level required         report on the optimal composition of the
                                             from a procurement account for a covered                to avoid contract cancellation.                        carrier air wing in 2030 and 2040, as well as
                                             program until such program receives Mile-                 (4) There is a stable design for the property        alternative force design concepts.
                                             stone B approval and the milestone decision             to be acquired and the technical risks associ-           (b) ELEMENTS.—The report required under
                                             authority notifies the congressional defense            ated with such property are not excessive.             subsection (a) shall include the following ele-
                                             committees, in writing, of the actions taken              (5) The estimates of both the cost of the            ments:
                                             to comply with the requirements under this              contract and the anticipated cost avoidance              (1) An analysis and justification used to
                                             section.                                                through the use of a contract authorized               reach the 50-50 mix of 4th and 5th generation
                                               (e) DEFINITIONS.—In this section:                     under subsection (a) are realistic.                    aircraft for 2030.
                                               (1) The term ‘‘covered program’’ means a                (6) The use of such a contract will promote            (2) An analysis and justification for the op-
                                             program for—                                            the national security of the United States.            timal mix of carrier aircraft for 2040.
                                               (A) medium unmanned surface vessels; or                 (7) During the fiscal year in which such               (3) A plan for incorporating unmanned aer-
                                               (B) large unmanned surface vessels.                   contract is to be awarded, sufficient funds            ial vehicles and associated communication
                                               (2) The term ‘‘Milestone B approval’’ has             will be available to perform the contract in           capabilities to effectively implement the fu-
                                             the meaning given the term in section                   such fiscal year, and the future-years defense         ture force design.
                                             2366(e)(7) of title 10, United States Code.             program (as defined under section 221 of title         SEC. 128. REPORT ON STRATEGY TO USE ALQ–249
                                               (3) The term ‘‘milestone decision author-             10, United States Code) for such fiscal year                       NEXT GENERATION JAMMER TO EN-
                                             ity’’ means the official within the Depart-             will include the funding required to execute                       SURE FULL SPECTRUM ELECTRO-
                                             ment of Defense designated with the overall             the program without cancellation.                                  MAGNETIC SUPERIORITY.
                                             responsibility and authority for acquisition              (c) AUTHORITY FOR ADVANCE PROCURE-                     (a) REPORT.—Not later than July 30, 2021,
                                             decisions for the program, including author-            MENT.—The Secretary of the Navy may enter              the Secretary of the Navy, in consultation
                                             ity to approve entry of the program into the            into one or more contracts for advance pro-            with the Vice Chairman of the Joint Chiefs,
                                             next phase of the acquisition process.                  curement associated with a vessel or vessels           shall submit to the congressional defense
                                               (4) The term ‘‘Senior Technical Authority’’           for which authorization to enter into a con-           committees report with a strategy to ensure
                                             has the meaning given the term in section               tract is provided under subsection (a), and            full spectrum electromagnetic superiority
                                             8669b of title 10, United States Code.                  for systems and subsystems associated with             using the ALQ-249 Next Generation Jammer.
                                             SEC. 123. EXTENSION OF PROHIBITION ON AVAIL-            such vessels in economic order quantities                (b) ELEMENTS.—The report required under
                                                         ABILITY OF FUNDS FOR NAVY WA-               when cost savings are achievable.                      subsection (a) shall include the following ele-
                                                         TERBORNE SECURITY BARRIERS.                   (d) CONDITION FOR OUT-YEAR CONTRACT                  ments:
                                               Section 130(a) of the John S. McCain Na-              PAYMENTS.—A contract entered into under                  (1) A description of the current procure-
                                             tional Defense Authorization Act for Fiscal             subsection (a) shall provide that any obliga-          ment strategy of the ALQ–249 and the anal-
                                             Year 2019 (Public Law 115–232; 132 Stat. 1665),         tion of the United States to make a payment            ysis of its capability to meet the RF fre-
                                             as amended by section 126 of the National               under the contract for a fiscal year is subject        quency ranges required in a National Defense
                                             Defense Authorization Act for Fiscal Year               to the availability of appropriations for that         Strategy (NDS) conflict.
                                             2020 (Public Law 116–92), is further amended            purpose for such fiscal year.                            (2) An assessment of the ALQ–249’s compat-
                                             by striking ‘‘for fiscal year 2019 or fiscal year         (e) MILESTONE DECISION AUTHORITY DE-                 ibility and ability to synchronize non-ki-
                                             2020’’ and inserting ‘‘for fiscal years 2019,           FINED.—In this section. the term ‘‘milestone           netic fires using other Joint Electronic War-
                                             2020, or 2021’’.                                        decision authority’’ has the meaning given             fare (EW) platforms.
                                             SEC. 124. PROCUREMENT AUTHORITIES FOR CER-              the term in section 2366a(d) of title 10,                (3) A future model of an interlinked/inter-
                                                         TAIN AMPHIBIOUS SHIPBUILDING                United States Code.                                    dependent electronic warfare menu of op-
                                                         PROGRAMS.                                   SEC. 125. FIGHTER FORCE STRUCTURE ACQUISI-             tions for commanders at tactical, oper-
                                               (a) CONTRACT AUTHORITY.—                                          TION STRATEGY.
                                                                                                                                                            ational, and strategic levels.
                                               (1) PROCUREMENT AUTHORIZED.—In fiscal                   (a) REPORT REQUIRED.—Not later than
                                             year 2021, the Secretary of the Navy may                March 1, 2021, the Secretary of the Navy                      Subtitle D—Air Force Programs
                                             enter into one or more contracts for the pro-           shall submit to the congressional defense              SEC. 141. ECONOMIC ORDER QUANTITY CON-
                                             curement of three San Antonio-class am-                 committees a report with a fighter force                          TRACTING AUTHORITY FOR F–35
                                                                                                                                                                       JOINT STRIKE FIGHTER PROGRAM.
                                             phibious ships and one America-class am-                structure acquisition strategy that is
                                             phibious ship.                                          aligned with the results of the independent              (a) AUTHORITY FOR ADVANCE PROCUREMENT
                                               (2) PROCUREMENT IN CONJUNCTION WITH EX-               studies required under section 1064 of the Na-         AND ECONOMIC ORDER QUANTITY.—The Sec-
                                             ISTING CONTRACTS.—The ships authorized to               tional Defense Authorization Act for Fiscal            retary of Defense may enter into one or more
                                             be procured under paragraph (1) may be pro-             Year 2018 (Public Law 115–91; 131 Stat.                contracts, beginning with the fiscal year 2020
                                             cured as additions to existing contracts cov-           1576).The strategy shall establish a minimum           program year, for the procurement of eco-
                                             ering such programs.                                    number of F–35 and Next Generation Air                 nomic order quantities of material and
                                               (b) CERTIFICATION REQUIRED.—A contract                Dominance (NGAD) aircraft that the Navy                equipment for the F–35 aircraft program for
                                             may not be entered into under subsection (a)            and Marine Corps would be required to pur-             use in procurement contracts to be awarded
                                             unless the Secretary of the Navy certifies to           chase each year to mitigate or manage                  for such program during fiscal years 2021
                                             the congressional defense committees, in                strike fighter shortfalls.                             through 2023.
                                             writing, not later than 30 days before entry              (b) LIMITATION ON DEVIATION FROM STRAT-                (b) LIMITATION.—The total amount obli-
                                             into the contract, each of the following,               EGY.—The Department of the Navy may not                gated in fiscal year 2021 under all contracts
                                             which shall be prepared by the milestone de-            deviate from the acquisition strategy estab-           entered into under subsection (a) shall not
                                             cision authority for such programs:                     lished under subsection (a) until—                     exceed $493,000,000.
                                               (1) The use of such a contract is consistent            (1) the Secretary of the Navy receives a               (c) PRELIMINARY FINDINGS.—Before enter-
                                             with the Department of the Navy’s projected             waiver and justification from the Secretary            ing into a contract under subsection (a), the
                                             force structure requirements for amphibious             of Defense; and                                        Secretary shall make each of the following
                                             ships.                                                    (2) 30 days after the Secretary of the Navy          findings with respect to such contract:




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                                               (2) The use of such a contract will result in         notifies the congressional defense commit-               (1) The use of such a contract will result in
                                             significant savings compared to the total an-           tees of the proposed deviation.                        significant savings of the total anticipated
                                             ticipated costs of carrying out the program             SEC. 126. TREATMENT OF SYSTEMS ADDED BY                costs of carrying out the program through
                                             through annual contracts. In certifying cost                       CONGRESS IN FUTURE PRESIDENT’S              annual contracts.
                                             savings under the preceding sentence, the                          BUDGET REQUESTS.                              (2) The minimum need for the property to
                                             Secretary shall include a written expla-                  A procurement quantity of a system au-               be procured is expected to remain substan-
                                             nation of—                                              thorized by Congress in a National Defense             tially unchanged during the contemplated




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                                             June 29, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S3751
                                             contract period in terms of production rate,              (5) 230 Tactical airlift aircraft.                   SEC. 148. LIMITATION ON RETIREMENT OF U–2
                                             procurement rate, and total quantities.                   (6) 235 Strategic airlift aircraft.                              AND RQ–4 AIRCRAFT.
                                               (3) There is a reasonable expectation that,             (7) 84 Strategic Intelligence, Surveillance,           (a) LIMITATION.—The Secretary of the Air
                                             throughout the contemplated contract pe-                and Reconnaissance (ISR) aircraft.                     Force may not take any action that would
                                             riod, the Secretary will request funding for              (8) 106 Combat Search and Rescue (CSAR)              prevent the Air Force from maintaining the
                                             the contract at the level required to avoid             aircraft.                                              fleets of U–2 aircraft or RQ–4 aircraft in their
                                             contract cancellation.                                    (b) EXCEPTIONS.—The Secretary of the Air             current, or improved, configurations and ca-
                                               (4) There is a stable design for the property         Force may reduce the number of aircraft in             pabilities until the Chairman of the Joint
                                             to be procured, and the technical risks asso-           the PMAI of the Air Force below the minima             Requirements Oversight Council certifies in
                                             ciated with such property are not excessive.            specified in subsection (a) only if—                   writing to the appropriate committees of
                                               (5) The estimates of both the cost of the               (1) the Secretary certifies to the congres-          Congress that the capability to be fielded at
                                             contract and the anticipated cost avoidance             sional defense committees that such reduc-             the same time or before the retirement of
                                             through the use of an economic order quan-              tion is justified by the results of the new ca-        the U–2 aircraft or RQ–4 aircraft (as the case
                                             tity contract are realistic.                            pability and requirements studies; and                 may be) would result in equal or greater ca-
                                               (6) Entering into the contract will promote             (2) a period of 30 days has elapsed following        pability available to the commanders of the
                                             the national security interests of the United           the date on which the certification is made            combatant commands and would not result
                                             States.                                                                                                        in less capacity available to the commanders
                                                                                                     to the congressional defense committees
                                               (d) CERTIFICATION REQUIREMENT.—Except                                                                        of the combatant commands.
                                                                                                     under paragraph (1).
                                             as provided in subsection (e), the Secretary                                                                     (b) WAIVER.—The Secretary of Defense may
                                                                                                       (c) APPLICABILITY.—The limitation in sub-            waive the certification requirement under
                                             of Defense may not enter into a contract                section (a) shall not apply to aircraft that
                                             under subsection (a) until 30 days after the                                                                   subsection (a) with respect to U–2 aircraft or
                                                                                                     the Secretary of the Air Force determines,             RQ–4 aircraft if the Secretary—
                                             Secretary certifies to the congressional de-
                                                                                                     on a case-by-case basis, to be no longer mis-            (1) determines, after analyzing sufficient
                                             fense committees, in writing, that each of
                                                                                                     sion capable because of mishaps, other dam-            and relevant data, that a loss in capacity
                                             the following conditions is satisfied:
                                                                                                     age, or being uneconomical to repair.                  and capability will not prevent the combat-
                                               (1) A sufficient number of end items of the
                                             system being acquired under such contract               SEC. 143. MINIMUM OPERATIONAL SQUADRON                 ant commanders from accomplishing their
                                                                                                                LEVEL.                                      missions at acceptable levels of risk; and
                                             have been delivered at or within the most re-
                                             cently available estimates of the program                 As soon as practicable after the date of the           (2) provides to the appropriate committees
                                             acquisition unit cost or procurement unit               enactment of this Act and subject to the               of Congress a certification of such deter-
                                             cost for such system to determine that the              availability of appropriations, the Secretary          mination and supporting analysis.
                                             estimates of the unit costs are realistic.              of the Air Force shall seek to achieve a min-            (c) APPROPRIATE COMMITTEES OF CONGRESS
                                               (2) During the fiscal year in which such              imum of not fewer than 386 available oper-             DEFINED.—In this section, the term ‘‘appro-
                                             contract is to be awarded, sufficient funds             ational squadrons, or equivalent organiza-             priate committees of Congress’’ means—
                                             will be available to perform the contract in            tional units, within the Air Force. In addi-             (1) the Committee on Armed Services, the
                                             such fiscal year, and the future-years defense          tion to the operational squadrons, the Sec-            Committee on Appropriations, and the Se-
                                             program submitted to Congress under sec-                retary shall strive to achieve the following           lect Committee on Intelligence of the Sen-
                                             tion 221 of title 10, United States Code, for           primary mission aircraft inventory (PMAI)              ate; and
                                             that fiscal year will include the funding re-           numbers:                                                 (2) the Committee on Armed Services, the
                                             quired to execute the program without can-                (1) 1,680 Fighter aircraft.                          Committee on Appropriations, and the Per-
                                             cellation.                                                (2) 199 Persist attack remotely piloted air-         manent Select Committee on Intelligence of
                                               (3) The contract is a fixed-price type con-           craft (RPA).                                           the House of Representatives.
                                             tract.                                                    (3) 225 Bomber aircraft.                             SEC. 149. LIMITATION ON DIVESTMENT OF F–15C
                                                                                                       (4) 500 Air refueling aircraft.                                  AIRCRAFT IN THE EUROPEAN THE-
                                               (4) The proposed contract provides for pro-
                                                                                                       (5) 286 Tactical airlift aircraft.                               ATER.
                                             duction at not less than minimum economic
                                                                                                       (6) 284 Strategic airlift aircraft.                    (a) IN GENERAL.—The Secretary of the Air
                                             rates given the existing tooling and facili-
                                                                                                       (7) 55 Command and control aircraft.                 Force may not divest F–15C aircraft in the
                                             ties.
                                                                                                       (8) 105 Combat search and rescue (CSAR)              European theater until the F–15EX aircraft
                                               (5) The Secretary has determined that each
                                                                                                     aircraft.                                              is integrated into the Air Force and has
                                             of the conditions described in paragraphs (1)
                                                                                                       (9) 30 Intelligence, surveillance, and recon-        begun bed down actions in the European the-
                                             through (6) of subsection (c) will be met by
                                                                                                     naissance (ISR) aircraft.                              ater.
                                             such contract and has provided the basis for                                                                     (b) WAIVER.—The Secretary of Defense,
                                             such determination to the congressional de-               (10) 179 Special operations aircraft.
                                                                                                       (11) 40 Electronic warfare (EW) aircraft.            after consultation with the Commander of
                                             fense committees.                                                                                              the United States European Command
                                               (6) The determination under paragraph (5)             SEC. 144. MINIMUM AIR FORCE BOMBER AIR-
                                                                                                                                                            (EUCOM), may waive the limitation under
                                             was made after the completion of a cost                            CRAFT LEVEL.
                                                                                                                                                            subsection (a) if the Secretary certifies to
                                             analysis performed by the Director of Cost                The Secretary of Defense shall submit to             Congress the divestment is required for the
                                             Assessment and Program Evaluation for the               the congressional defense committees rec-              national defense and that there exists suffi-
                                             purpose of section 2334(f)(2) of title 10, United       ommendations for a minimum number of                   cient resources at all times to meet NATO
                                             States Code, and the analysis supports that             bomber aircraft, including penetrating                 and EUCOM air superiority requirements for
                                             determination.                                          bombers in addition to B–52H aircraft, to en-          the European theater.
                                               (e)    EXCEPTION.—Notwithstanding          sub-       able the Air Force to carry out its long-              SEC. 150. AIR BASE DEFENSE DEVELOPMENT AND
                                             section (d), the Secretary of Defense may               range penetrating strike capability.                                ACQUISITION STRATEGY.
                                             enter into a contract under subsection (a) on           SEC. 145. F–35 GUN SYSTEM.                               (a) STRATEGY REQUIRED.—Not later than
                                             or after December 1, 2020, if—                            The Secretary of the Air Force shall begin           March 1, 2021, the Chief of Staff of the Air
                                               (1) the Director of Cost Assessment and               the procurement process for an alternate               Force (CSAF), in consultation with the Chief
                                             Program Evaluation has not completed a                  25mm ammunition solution that provides a               of Staff of the Army (CSA), shall submit to
                                             cost analysis of the preliminary findings               true full-spectrum target engagement capa-             the congressional defense committees a de-
                                             made by the Secretary under subsection (c)              bility for the F–35A aircraft.                         velopment and acquisition strategy to pro-
                                             with respect to the contract;                                                                                  cure a capability to protect air bases and
                                                                                                     SEC. 146. PROHIBITION ON FUNDING FOR CLOSE
                                               (2) the Secretary certifies to the congres-                                                                  prepositioned sites in contested environ-
                                                                                                                 AIR SUPPORT INTEGRATION GROUP.
                                             sional defense committees, in writing, that                                                                    ments highlighted in the National Defense
                                             each of the conditions described in para-                 No funds authorized to be appropriated by
                                                                                                     this Act may be obligated or expended for              Strategy. The strategy should ensure a solu-
                                             graphs (1) through (5) of subsection (d) is sat-                                                               tion that is effective against current and
                                             isfied; and                                             the Close Air Support Integration Group
                                                                                                     (CIG) or its subordinate units at Nellis Air           emerging cruise missile and advanced
                                               (3) a period of 30 days has elapsed following                                                                hypersonic missile threats.
                                             the date on which the Secretary submits the             Force Base, Nevada, and the Air Force may
                                                                                                                                                              (b) LIMITATION ON USE OF OPERATION AND
                                             certification under paragraph (2).                      not utilize personnel or equipment in sup-
                                                                                                                                                            MAINTENANCE FUNDS.—Not more than 50 per-
                                                                                                     port of the CIG or its subordinate units.
                                             SEC.   142.
                                                       MINIMUM AIRCRAFT LEVELS FOR                                                                          cent of the funds authorized to be appro-
                                                        MAJOR MISSION AREAS.                         SEC. 147. LIMITATION ON DIVESTMENT OF KC–10            priated by this Act for fiscal year 2021 for op-
                                               (a) MINIMUM LEVELS.—Except as provided                            AND KC–135 AIRCRAFT.
                                                                                                                                                            eration and maintenance for the Office of the
                                             under subsection (b), the Secretary of the                The Secretary of Defense may not divest              Secretary of the Air Force and the Office of
                                             Air Force shall maintain the following mini-            KC–10 and KC–135 aircraft in excess of the             the Secretary of the Army may be obligated




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                                             ma, based on Primary Mission Aircraft In-               following amounts:                                     or expended until 15 days after submission of
                                             ventory (PMAI):                                           (1) In fiscal year 2021, 6 KC–10 aircraft, in-       the strategy required under subsection (a).
                                               (1) 1,182 Fighter aircraft.                           cluding only 3 from primary mission aircraft           SEC. 151. REQUIRED SOLUTION FOR KC–46 AIR-
                                               (2) 190 Attack Remotely Piloted Aircraft              inventory (PMAI).                                                  CRAFT REMOTE VISUAL SYSTEM
                                             (RPA).                                                    (2) In fiscal year 2022, 12 KC–10 aircraft.                      LIMITATIONS.
                                               (3) 92 Bomber aircraft.                                 (3) In fiscal year 2023, 12 KC–10 and 14 KC–           The Secretary of the Air Force shall de-
                                               (4) 412 Tanker aircraft.                              135 aircraft.                                          velop and implement a complete, one-time




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                                             S3752                                             CONGRESSIONAL RECORD — SENATE                                                          June 29, 2020
                                             solution to the KC–46 aircraft remote visual            SEC. 154. PLAN FOR OPERATIONAL TEST AND                  ‘‘(2) Each annual aircraft procurement plan
                                             system (RVS) operational limitations. Not                          UTILITY EVALUATION OF SYSTEMS               shall include the following:
                                                                                                                FOR LOW-COST ATTRIBUTABLE AIR-                ‘‘(A) A detailed program for the procure-
                                             later than October 1, 2020, the Secretary
                                                                                                                CRAFT TECHNOLOGY PROGRAM.
                                             shall submit to the congressional defense                                                                      ment of the aircraft specified in subsection
                                             committees an implementation strategy for                 Not later than October 1, 2020, the Assist-          (b) for each of the Department of the Navy,
                                             the solution.                                           ant Secretary of the Air Force for Acquisi-            the Department of the Army, and the De-
                                                                                                     tion, Technology, and Logistics shall—                 partment of the Air Force over the next 30
                                             SEC. 152. ANALYSIS OF REQUIREMENTS AND AD-
                                                                                                       (a) submit to the congressional defense              fiscal years.
                                                         VANCED BATTLE MANAGEMENT SYS-
                                                         TEM CAPABILITIES.                           committees an executable plan for the oper-              ‘‘(B) A description of the necessary avia-
                                                                                                     ational test and utility evaluation of the             tion force structure to meet the require-
                                               (a) ANALYSIS.—Not later than April 1, 2021,
                                                                                                     systems of the Low-Cost Attributable Air-              ments of the national military strategy of
                                             the Secretary of the Air Force, in consulta-
                                                                                                     craft Technology (LCAAT) program of the                the United States or the most recent Quad-
                                             tion with the commanders of the combatant
                                                                                                     Air Force; and                                         rennial Defense Review, whichever is appli-
                                             commands, shall develop an analysis of cur-
                                                                                                       (b) brief the congressional defense commit-          cable under paragraph (1).
                                             rent and future moving target indicator re-
                                                                                                     tees on such plan.                                       ‘‘(C) The estimated levels of annual invest-
                                             quirements across the combatant commands
                                                                                                     SEC. 155. PROHIBITION ON RETIREMENT OR DI-             ment funding necessary to carry out each
                                             and operational and tactical level command
                                                                                                                 VESTMENT OF A–10 AIRCRAFT.                 aircraft program, together with a discussion
                                             and control capabilities the Advanced Battle
                                                                                                       The Secretary of Defense may not during              of the procurement strategies on which such
                                             Management System (ABMS) will require
                                                                                                     fiscal year 2021 divest or retire any A–10 air-        estimated levels of annual investment fund-
                                             when fielded.
                                                                                                     craft, in order to ensure ongoing capabilities         ing are based, set forth in aggregate for the
                                               (b) JROC REQUIREMENTS.—
                                                                                                     to counter violent extremism and provide               Department of Defense and in aggregate for
                                               (1) IN GENERAL.—Not later than 60 days
                                                                                                     close air support and combat search and res-           each military department.
                                             after the Secretary of the Air Force develops
                                                                                                     cue in accordance with the National Defense              ‘‘(D) The estimated level of annual funding
                                             the analysis under subsection (a), the Joint
                                                                                                     Strategy.                                              necessary to operate, maintain, sustain, and
                                             Requirements Oversight Council (JROC)
                                             shall certify that requirements for ABMS in-                 Subtitle E—Defense-wide, Joint, and               support each aircraft program throughout
                                             corporate the findings of the analysis.                              Multiservice Matters                      the life-cycle of the program, set forth in ag-
                                                                                                                                                            gregate for the Department of Defense and in
                                               (2)   CONGRESSIONAL      NOTIFICATION.—The            SEC. 171. BUDGETING FOR LIFE-CYCLE COST OF
                                                                                                                 AIRCRAFT FOR THE NAVY, ARMY,               aggregate for each military department.
                                             Joint    Requirements     Oversight   Council
                                                                                                                 AND AIR FORCE: ANNUAL PLAN AND               ‘‘(E) For each of the cost estimates re-
                                             (JROC) shall notify the congressional de-
                                                                                                                 CERTIFICATION.                             quired by subparagraphs (C) and (D)—
                                             fense committees upon making the certifi-
                                                                                                       (a) IN GENERAL.—Chapter 9 of title 10,                 ‘‘(i) a description of whether the cost esti-
                                             cation required under paragraph (1) and pro-
                                                                                                     United States Code, is amended by inserting            mate is derived from the cost estimate posi-
                                             vide a briefing on the requirements and find-
                                                                                                     after section 231 the following new section:           tion of the military department or derived
                                             ings described in such paragraph not later
                                                                                                                                                            from the cost estimate position of the Office
                                             than 30 days after such notification.                   ‘‘§ 231a. Budgeting for life-cycle cost of air-
                                                                                                                                                            of Cost Analysis and Program Evaluation;
                                             SEC. 153. STUDIES ON MEASURES TO ASSESS                    craft for the Navy, Army, and Air Force:
                                                                                                                                                              ‘‘(ii) if the cost estimate position of the
                                                        COST-PER-EFFECT FOR KEY MISSION                 Annual plan and certification
                                                                                                                                                            military department and the cost estimate
                                                        AREAS.                                          ‘‘(a) ANNUAL AIRCRAFT PROCUREMENT PLAN              position of the Office of Cost Analysis and
                                               (a) IN GENERAL.—Not later than January 1,             AND CERTIFICATION.—Not later than 45 days              Program Evaluation differ by more than 5
                                             2021, the Secretary of the Air Force shall              after the date on which the President sub-             percent for any aircraft program, an anno-
                                             provide for the performance of two inde-                mits to Congress the budget for a fiscal year,         tated cost estimate difference and sufficient
                                             pendent studies to devise new measures to               the Secretary of Defense shall submit to the           rationale to explain the difference;
                                             assess cost-per-effect for key mission areas.           congressional defense committees—                        ‘‘(iii) the confidence or certainty level as-
                                             One of the studies shall be conducted by an                ‘‘(1) a plan for the procurement of the air-        sociated with the cost estimate for each air-
                                             organization described in section 501(c)(3) of          craft specified in subsection (b) for the De-          craft program; and
                                             the Internal Revenue Code of 1986 and ex-               partment of the Navy, the Department of the              ‘‘(iv) a certification that cost between dif-
                                             empt from tax under section 501(a) of such              Army, and the Department of the Air Force              ferent services and aircraft are based on
                                             Code, and one of the studies shall be con-              developed in accordance with this section;             similar components in the life-cycle cost of
                                             ducted by a federally funded research and de-           and                                                    each program.
                                             velopment center.                                          ‘‘(2) a certification by the Secretary that           ‘‘(F) An assessment by the Secretary of De-
                                               (b) SCOPE.—Each study conducted pursuant              both the budget for such fiscal year and the           fense of the extent to which the combined
                                             to subsection (a) shall address the following           future years defense program submitted to              aircraft forces of the Department of the
                                             matters:                                                Congress in relation to such budget under              Navy, the Department of the Army, and the
                                               (1) Number of weapon systems required to              section 221 of this title provide for funding of       Department of the Air Force meet the na-
                                             meet a specified mission goal.                          the procurement of aircraft at a level that is         tional security requirements of the United
                                               (2) Number of personnel required to meet a            sufficient for the procurement of the aircraft         States.
                                             specified mission goal.                                 provided for in the plan under paragraph (1)             ‘‘(3) For any cost estimate required by
                                               (3) Associated operation and maintenance              on the schedule provided in the plan.                  paragraph (2)(C) or (D), for any aircraft pro-
                                             costs necessary to facilitate respective oper-             ‘‘(b) COVERED AIRCRAFT.—The aircraft                gram for which the Secretary is required to
                                             ational constructs.                                     specified in this subsection are the aircraft          include in a report under section 2432 of this
                                               (4) Basing requirements for respective                as follows:                                            title, the source of the cost information used
                                             force constructs.                                          ‘‘(1) Fighter aircraft.                             to prepare the annual aircraft plan, shall be
                                               (5) Mission support elements required to                 ‘‘(2) Attack aircraft.                              sourced from the Selected Acquisition Re-
                                             facilitate specified operations.                           ‘‘(3) Bomber aircraft.                              port data that the Secretary plans to submit
                                               (6) Defensive measures required to facili-               ‘‘(4) Intertheater lift aircraft.                   to the congressional defense committees in
                                             tate viable mission operations.                            ‘‘(5) Intratheater lift aircraft.                   accordance with subsection (f) of that sec-
                                               (7) Attrition due to enemy counter-                      ‘‘(6) Intelligence, surveillance, and recon-        tion for the year for which the annual air-
                                             measures and other loss factors associated              naissance aircraft.                                    craft plan is prepared.
                                             with respective technologies.                              ‘‘(7) Tanker aircraft.                                ‘‘(4) The annual aircraft procurement plan
                                               (8) Associated weapon effects costs com-                                                                     shall be submitted in unclassified form and
                                                                                                        ‘‘(8) Remotely piloted aircraft.
                                                                                                                                                            shall contain a classified annex. A summary
                                             pared to alternative forms of power projec-                ‘‘(9) Rotary-wing aircraft.
                                                                                                                                                            version of the unclassified report shall be
                                             tion.                                                      ‘‘(10) Operational support and executive lift
                                                                                                                                                            made available to the public.
                                               (c) IMPLEMENTATION OF MEASURES.—The                   aircraft.                                                ‘‘(d) ASSESSMENT WHEN AIRCRAFT PROCURE-
                                             Secretary of the Air Force shall, as appro-                ‘‘(11) Any other major support aircraft des-        MENT BUDGET IS INSUFFICIENT TO MEET AP-
                                             priate, incorporate the findings of the stud-           ignated by the Secretary of Defense for pur-           PLICABLE REQUIREMENTS.—If the budget for a
                                             ies conducted pursuant to subsection (a) in             poses of this section.                                 fiscal year provides for funding of the pro-
                                             the Air Force’s future force development                   ‘‘(c)   ANNUAL AIRCRAFT PROCUREMENT                 curement of aircraft for the Department of
                                             process. The measures—                                  PLAN.—(1) The annual aircraft procurement              the Navy, the Department of the Army, or
                                               (1) should be domain and platform agnos-              plan developed for a fiscal year for purposes          the Department of the Air Force at a level
                                             tic;                                                    of subsection (a)(1) should be designed so             that is not sufficient to sustain the aviation
                                               (2) should focus on how best to achieve               that the aviation force provided for under             force structure specified in the aircraft pro-




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                                             mission goals in future operations; and                 the plan is capable of supporting the na-              curement plan for such Department for that
                                               (3) shall consider including harnessing               tional military strategy of the United States          fiscal year under subsection (a), the Sec-
                                             cost-per-effect assessments as a key perform-           as set forth in the most recent National De-           retary shall include with the defense budget
                                             ance parameter within the Department of                 fense Strategy submitted under section                 materials for that fiscal year an assessment
                                             Defense’s Joint Capabilities Integration and            113(g) of title 10, United States Code, and Na-        that describes and discusses the risks associ-
                                             Development System (JCIDS) requirements                 tional Military Strategy submitted under               ated with the reduced force structure of air-
                                             process.                                                section 153(b) of title 10, United States Code.        craft that will result from funding aircraft




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                                             June 29, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S3753
                                             procurement at such level. The assessment                 (2) providing contingency electronic war-              (B) the Chairman intends to transfer re-
                                             shall be coordinated in advance with the                fare support to other combatant commands,              sponsibilities and activities in order to carry
                                             commanders of the combatant commands.                   and                                                    out such alternative arrangement.
                                                ‘‘(e) ANNUAL REPORT ON AIRCRAFT INVEN-                 (3) supporting combatant command joint                 (2)     ALTERNATIVE     ARRANGEMENT       DE-
                                             TORY.—(1) As part of the annual plan and cer-           training and planning related to electro-              SCRIBED.—An alternative arrangement de-
                                             tification required to be submitted under               magnetic spectrum operations.                          scribed in this paragraph is an arrangement
                                             this section, the Secretary shall include a re-           (b) RESPONSIBILITY OF VICE CHAIRMAN OF               in which certain oversight, advocacy, and co-
                                             port on the aircraft in the inventory of the            THE JOINT CHIEFS OF STAFF AS THE ELEC-                 ordination functions allotted to the Chair-
                                             Department of Defense. Each such report                 TRONIC WARFARE SENIOR DESIGNATED OFFI-                 man or Vice Chairman of the Joint Chiefs of
                                             shall include the following, for the year cov-          CIAL.—The Vice Chairman of the Joint Chiefs            Staff by subsections (a) and (b) are per-
                                             ered by the report:                                     of Staff, as the Electronic Warfare Senior             formed either by a single combatant com-
                                                ‘‘(A) The total number of aircraft in the in-        Designated Official, shall be responsible for          mand or by the individual geographic and
                                             ventory.                                                the following:                                         functional combatant commands responsible
                                                ‘‘(B) The total number of the aircraft in              (1) Executing the functions transitioned to          for executing electromagnetic spectrum op-
                                             the inventory that are active, stated in the            the Chairman of the Joint Chiefs of Staff              erations with long-term supervision by the
                                             following categories (with appropriate sub-             under subsection (a).                                  Chairman or Vice Chairman of the Joint
                                             categories for mission aircraft, training air-            (2) Overseeing, with the Chief Information           Chiefs of Staff.
                                             craft, dedicated test aircraft, and other air-          Officer of the Department of Defense, the de-            (d) EVALUATIONS OF ARMED FORCES.—
                                             craft):                                                                                                          (1) IN GENERAL.—The Chief of Staff of the
                                                                                                     velopment and implementation of the Elec-
                                                ‘‘(i) Primary aircraft.                                                                                     Army, the Chief of Naval Operations, the
                                                                                                     tromagnetic Spectrum Superiority Strategy
                                                ‘‘(ii) Backup aircraft.                                                                                     Chief of Staff of the Air Force, the Com-
                                                                                                     of the Department of Defense and subsequent
                                                ‘‘(iii) Attrition and reconstitution reserve                                                                mandant of the Marine Corps, and the Chief
                                                                                                     Department-wide electromagnetic spectrum
                                             aircraft.                                                                                                      of Space Operations shall each conduct and
                                                                                                     and electronic warfare strategies.
                                                ‘‘(C) The total number of the aircraft in                                                                   complete an evaluation of the armed forces
                                                                                                       (3) Managing the Joint Electronic Warfare
                                             the inventory that are inactive, stated in the                                                                 for their respective military services and
                                                                                                     Center and the Joint Electromagnetic Pre-
                                             following categories:                                                                                          their ability to perform the electromagnetic
                                                                                                     paredness for Advanced Combat organiza-
                                                ‘‘(i) Bailment aircraft.                                                                                    spectrum operations missions required of
                                                                                                     tions.
                                                ‘‘(ii) Drone aircraft.                                                                                      them in—
                                                                                                       (4) Overseeing, through the Joint Require-             (A) the Electromagnetic Spectrum Superi-
                                                ‘‘(iii) Aircraft for sale or other transfer to       ments Oversight Council and the Electro-
                                             foreign governments.                                                                                           ority Strategy;
                                                                                                     magnetic Spectrum Operations cross-func-                 (B) the Joint Staff-developed concept of
                                                ‘‘(iv) Leased or loaned aircraft.                    tional team, the acquisition activities of the
                                                ‘‘(v) Aircraft for maintenance training.                                                                    operations; and
                                                                                                     military services as they relate to electro-             (C) the operation and contingency plans of
                                                ‘‘(vi) Aircraft for reclamation.                     magnetic spectrum operations.
                                                ‘‘(vii) Aircraft in storage.                                                                                the combatant commanders.
                                                                                                       (5) Overseeing and, as appropriate, setting            (2) ELEMENTS.—Each evaluation under
                                                ‘‘(D) The aircraft inventory requirements            standards for the individual and unit train-
                                             approved by the Joint Chiefs of Staff.                                                                         paragraph (1) shall include assessment of the
                                                                                                     ing programs of the military services and the          following:
                                                ‘‘(2) Each report submitted under this sub-
                                                                                                     joint training and mission rehearsal pro-                (A) Current programs of record, includ-
                                             section shall set forth each item described in
                                                                                                     grams of the combatant commands as they                ing—
                                             paragraph (1) separately for the regular com-
                                             ponent of each armed force and for each re-             relate to electromagnetic spectrum oper-                 (i) the ability of weapon systems to per-
                                             serve component of each armed force and, for            ations.                                                form missions in contested electromagnetic
                                             each such component, shall set forth each                 (6) Overseeing the development of tactics,           spectrum environments; and
                                             type, model, and series of aircraft provided            techniques, and procedures germane to elec-              (ii) the ability of electronic warfare capa-
                                             for in the future-years defense program that            tromagnetic spectrum operations.                       bilities to disrupt adversary operations.
                                             covers the fiscal year for which the budget               (7) Overseeing the integration of electro-             (B) Future programs of record, including—
                                             accompanying the plan, certification and re-            magnetic spectrum operations into oper-                  (i) the need for distributed or network-cen-
                                             port is submitted.                                      ation plans and contingency plans.                     tric electronic warfare and signals intel-
                                                ‘‘(f) DEFINITION OF BUDGET.—In this sec-               (8) Developing and integrating into the              ligence capabilities; and
                                             tion, the term ‘budget’, with respect to a fis-         joint warfighting concept operational con-               (ii) the need for automated and machine
                                             cal year, means the budget for that fiscal              cepts for electromagnetic spectrum oper-               learning- or artificial intelligence-assisted
                                             year that is submitted to Congress by the               ations, including the following:                       electronic warfare capabilities.
                                             President under section 1105(a) of title 31.’’.           (A) The roles and responsibilities of each of          (C) Order of battle.
                                                (b) CLERICAL AMENDMENT.—The table of                 the military services and their primary con-             (D) Individual and unit training.
                                             sections at the beginning of chapter 9 of such          tributions to the joint force.                           (E) Tactics, techniques, and procedures, in-
                                             title is amended by inserting after the item              (B) The primary targets for offensive elec-          cluding—
                                             relating to section 231 the following new               tromagnetic spectrum operations and their                (i) maneuver, distribution of assets, and
                                             item:                                                   alignment to the military services and rel-            the use of decoys; and
                                             ‘‘231a. Budgeting for life-cycle cost of air-           evant capabilities.                                      (ii) integration of nonkinetic and kinetic
                                                             craft for the Navy, Army, and             (C) The armed forces’ positioning, scheme            fires.
                                                             Air Force: Annual plan and cer-         of maneuver, kill chains, and tactics, tech-             (e) EVALUATION OF COMBATANT COM-
                                                             tification.’’.                          niques, and procedures, as appropriate, to             MANDS.—
                                             SEC. 172. AUTHORITY TO USE F–35 AIRCRAFT                conduct offensive electromagnetic spectrum               (1) IN GENERAL.—The Commander of the
                                                        WITHHELD FROM DELIVERY TO GOV-               operations.                                            United States European Command, the Com-
                                                        ERNMENT OF TURKEY.                             (D) The armed forces’ positioning, scheme            mander of the United States Pacific Com-
                                               The Secretary of the Air Force is author-             of maneuver, kill chains, and tactics, tech-           mand, and the Commander of the United
                                             ized to utilize, modify, and operate the 6 F–           niques, and procedures, as appropriate, to de-         States Central Command shall each conduct
                                             35 aircraft that were accepted by the Govern-           tect, disrupt, avoid, or render ineffective ad-        and complete an evaluation of the plans and
                                             ment of Turkey but never delivered because              versary electromagnetic spectrum oper-                 posture of their respective commands to exe-
                                             Turkey was suspended from the F–35 pro-                 ations.                                                cute the electromagnetic spectrum oper-
                                             gram.                                                     (c) PERIOD OF EFFECT OF TRANSFER.—                   ations envisioned in—
                                             SEC. 173. TRANSFER FROM COMMANDER OF                      (1) IN GENERAL.—The transfer required by               (A) the Electromagnetic Spectrum Superi-
                                                        UNITED STATES STRATEGIC COM-                 subsection (a) and the responsibilities speci-
                                                        MAND TO CHAIRMAN OF THE JOINT
                                                                                                                                                            ority Strategy; and
                                                                                                     fied in subsection (b) shall remain in effect            (B) the Joint Staff-developed concept of
                                                        CHIEFS OF STAFF OF RESPONSIBIL-
                                                        ITIES AND FUNCTIONS RELATING TO              until such date as the Chairman of the Joint           operations.
                                                        ELECTROMAGNETIC SPECTRUM OP-                 Chiefs of Staff considers appropriate, except            (2) ELEMENTS.—Each evaluation under
                                                        ERATIONS.                                    that such date shall not be earlier than the           paragraph (1) shall include assessment of the
                                               (a) TRANSFER.—Not later than one year                 date that is 180 days after the date on which          following:
                                             after the date of the enactment of this Act             the Chairman submits to the congressional                (A) Operation and contingency plans.
                                             and subject to subsection (c), the Secretary            defense committees notice that—                          (B) The manning, organizational align-
                                             of Defense shall transition to the Chairman               (A) the Chairman has made a determina-               ment, and capability of joint electro-
                                             of the Joint Chiefs of Staff as a Chairman’s            tion that—                                             magnetic spectrum operations cells.




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                                             Controlled Activity all of the responsibilities           (i) the military services’, geographic com-            (C) Mission rehearsal and exercises.
                                             and functions of the Commander of United                batant commands’, and functional combat-                 (D) Force positioning, posture, and readi-
                                             States Strategic Command that are germane               ant commands’ electromagnetic spectrum                 ness.
                                             to electromagnetic spectrum operations, in-             operations expertise, capabilities, and execu-           (f) SEMIANNUAL BRIEFING.—Not less fre-
                                             cluding—                                                tion are sufficiently robust; and                      quently than twice each year until January
                                               (1) advocacy for joint electronic warfare               (ii) an alternative arrangement described            1, 2026, the Vice Chairman of the Joint Chiefs
                                             capabilities,                                           in paragraph (2) is justified; and                     of Staff shall brief the Committee on Armed




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                                             S3754                                             CONGRESSIONAL RECORD — SENATE                                                           June 29, 2020
                                             Services of the Senate and the Committee on             Department of Defense may be used to ac-               performed in a foreign country, or in air-
                                             Armed Services of the House of Representa-              quire armed overwatch aircraft for the                 space, in which a Special Federal Aviation
                                             tives on the implementation of this section             United States Special Operations Command,              Regulation issued by the Federal Aviation
                                             by each of the Joint Staff, the military serv-          and the Department of Defense may not ac-              Administration would preclude operation of
                                             ices, and the combatant commands.                       quire armed overwatch aircraft for the                 such aviation services by an air carrier or
                                             SEC.   174.CRYPTOGRAPHIC MODERNIZATION                  United States Special Operations Command               commercial operator of the United States,
                                                        SCHEDULES.                                   in fiscal year 2021.                                   the Secretary of Defense (or a designee of the
                                               (a) CRYPTOGRAPHIC MODERNIZATION SCHED-                  (b) ANALYSIS REQUIRED.—                              Secretary) shall—
                                             ULES REQUIRED.—Each of the Secretaries of                 (1) IN GENERAL.—Not later than July 1,                 (1) obtain approval from the Administrator
                                             the military departments and the heads of               2021, the Secretary of Defense, in coordina-           of the Federal Aviation Administration (or a
                                             relevant defense agencies and field activities          tion with the Assistant Secretary of Defense           designee of the Administrator) for the air
                                             shall establish and maintain a cryptographic            for Special Operations and Low Intensity               carrier or commercial operator of the United
                                             modernization schedule that specifies, for              Conflict and the Commander of the United               States to deviate from the Special Federal
                                             each pertinent weapon system, command and               States Special Operations Command, shall               Aviation Regulation to the extent necessary
                                             control system, or data link, including those           conduct an analysis to define the special op-          to perform such aviation services;
                                             that use commercial encryption tech-                    erations-peculiar requirements for armed                 (2) designate the aircraft of the air carrier
                                             nologies, as relevant, the following:                   overwatch aircraft and to determine whether            or commercial operator of the United States
                                               (1) The expiration date or cease key date             acquisition of a new special operations-pecu-          to be State Aircraft of the United States
                                             for applicable cryptographic algorithms.                liar platform is the most cost effective               when performing such aviation services; or
                                               (2) Anticipated key extension requests for            means of fulfilling such requirements.                   (3) use organic aircraft to perform such
                                             systems where cryptographic modernization                 (2) ELEMENTS.—At a minimum, the anal-                aviation services in lieu of aircraft of an air
                                             is assessed to be overly burdensome and ex-             ysis of alternatives required under paragraph          carrier or commercial operator of the United
                                             pensive or to provide limited operational               (1) shall include—                                     States.
                                             utility.                                                  (A) a description of the concept of oper-              (b) CONSTRUCTION OF DESIGNATION.—The
                                               (3) The funding and deployment schedule               ations for employing armed overwatch air-              designation of aircraft of an air carrier or
                                             for modernized cryptographic algorithms,                craft in support of ground forces;                     commercial operator of the United States as
                                             keys, and equipment over the Future Years                 (B) an identification of geographic regions          State Aircraft of the United States under
                                             Defense Program.                                        in which armed overwatch aircraft could be             subsection (a)(2) shall have no effect on Fed-
                                               (b) REQUIREMENTS FOR CHIEF INFORMATION                deployed;                                              eral Aviation Administration requirements
                                             OFFICER.—The Chief Information Officer of                 (C) an identification of the most likely             for—
                                             the Department of Defense shall—                                                                                 (1) safety oversight responsibility for the
                                                                                                     antiaircraft threats in geographic areas
                                               (1) oversee the construction and implemen-                                                                   operation of aircraft so designated, except
                                                                                                     where armed overwatch aircraft will be de-
                                             tation of the cryptographic modernization                                                                      for those activities prohibited or restricted
                                                                                                     ployed and possible countermeasures to de-
                                             schedules required by subsection (a);                                                                          by an applicable Special Federal Aviation
                                                                                                     feat such threats;
                                               (2) establish and maintain an integrated                                                                     Regulation; and
                                                                                                       (D) a defined requirement for special oper-
                                             cryptographic modernization schedule for                                                                         (2) any previously issued nonpremium avia-
                                                                                                     ations-peculiar armed overwatch aircraft, in-
                                             the entire Department, collating the cryp-                                                                     tion insurance or reinsurance policy issued
                                                                                                     cluding an identification of threshold and
                                             tographic modernization schedules required                                                                     to the air carrier or commercial operator of
                                                                                                     objective performance parameters for armed
                                             under subsection (a); and                                                                                      the United States for the duration of avia-
                                               (3) in coordination with the Director of the          overwatch aircraft;
                                                                                                                                                            tion services performed as a State Aircraft of
                                             National Security Agency and the Joint                    (E) an analysis of alternatives comparing
                                                                                                                                                            the United States under that subsection.
                                             Staff Director for Command, Control, Com-               various manned and unmanned aircraft in
                                                                                                                                                            SEC. 179. F–35 AIRCRAFT MUNITIONS.
                                             munications, and Computers/Cyber, use the               the current aircraft inventory of the United
                                                                                                                                                              The Secretary of the Air Force and the
                                             budget certification, standard-setting, and             States Special Operations Command and a
                                                                                                                                                            Secretary of the Navy shall qualify and cer-
                                             policy-making authorities provided in sec-              new platform for meeting requirements for
                                                                                                                                                            tify, for the use of United States forces, addi-
                                             tion 142 of title 10, United States Code, to            the armed overwatch mission, including for
                                                                                                                                                            tional munitions on the F–35 aircraft that
                                             amend military service and defense agency               each alternative considered;
                                                                                                                                                            are already qualified on NATO member F–35
                                             and field activity plans for key extension re-            (F) an identification of any necessary air-          partner aircraft.
                                             quests and cryptographic modernization                  craft modifications and the associated cost;
                                                                                                                                                            SEC. 180. AIRBORNE INTELLIGENCE, SURVEIL-
                                             funding and deployment that pose unaccept-                (G) the annual cost of operating and sus-                       LANCE, AND RECONNAISSANCE AC-
                                             able risk to military operations.                       taining such aircraft;                                            QUISITION ROADMAP FOR UNITED
                                               (c) ANNUAL NOTICES.—Not later than Janu-                (H) an identification of any required mili-                     STATES SPECIAL OPERATIONS COM-
                                             ary 1, 2022, and not less frequently than once          tary construction costs;                                          MAND.
                                             each year thereafter until January 1, 2026,               (I) an explanation of how the acquisition of           (a) IN GENERAL.—Not later than December
                                             the Chief Information Officer of the Depart-            a new armed overwatch aircraft would im-               1, 2021, the Assistant Secretary of Defense for
                                             ment and the Joint Staff Director for Com-              pact the overall fleet of special operations-          Special Operations and Low-Intensity Con-
                                             mand, Control, Communications, and Com-                 peculiar aircraft and the availability of air-         flict and the Commander of the United
                                             puters/Cyber shall jointly submit to the con-           crews and maintainers;                                 States Special Operations Command shall
                                             gressional defense committees notification                (J) an explanation of why existing Air               jointly submit to the congressional defense
                                             of all—                                                 Force and United States Special Operations             committees an acquisition roadmap to meet
                                               (1) delays to or planned delays of military           Command close air support and airborne in-             the manned and unmanned airborne intel-
                                             service and defense agency and field activity           telligence capabilities are insufficient for           ligence, surveillance, and reconnaissance re-
                                             funding and deployment of modernized cryp-              the armed overwatch mission; and                       quirements of United States Special Oper-
                                             tographic algorithms, keys, and equipment                 (K) any other matters determined relevant            ations Forces.
                                             over the previous year; and                             by the Secretary of Defense.                              (b) ELEMENTS.—The roadmap required
                                               (2) changes in plans or schedules sur-                                                                       under subsection (a) shall include, at a min-
                                                                                                     SEC. 177. AUTONOMIC LOGISTICS INFORMATION
                                             rounding key extension requests and waiv-                           SYSTEM REDESIGN STRATEGY.                  imum, the following:
                                             ers, including—                                           Not later than October 1, 2020, the Under               (1) A description of the current platform
                                               (A) unscheduled or unanticipated key ex-              Secretary of Defense for Acquisition and               requirements for manned and unmanned air-
                                             tension requests; and                                   Sustainment, in consultation with the F–35             borne intelligence, surveillance, and recon-
                                               (B) unscheduled or unanticipated waivers              Program Executive Officer, shall—                      naissance capabilities to support United
                                             and nonwaivers of scheduled or anticipated                (1) submit to the congressional defense              States Special Operations Forces.
                                             key extension requests.                                 committees a report describing a program-                 (2) An analysis of the remaining service
                                             SEC. 175. PROHIBITION ON PURCHASE OF ARMED              wide process for measuring, collecting, and            life of existing manned and unmanned air-
                                                         OVERWATCH AIRCRAFT.                         tracking information on how the Autonomic              borne intelligence, surveillance, and recon-
                                                The Secretary of the Air Force may not               Logistics Information System (ALIS) is af-             naissance capabilities currently operated by
                                             purchase any aircraft for the Air Force Spe-            fecting the performance of the F–35 fleet, in-         United States Special Operations Forces.
                                             cial Operations Command for the purpose of              cluding its effects on mission capability                 (3) An identification of any current or an-
                                             ‘‘armed overwatch’’ until such time as the              rates; and                                             ticipated special operations-peculiar capa-
                                             Chief of Staff of the Air Force certifies to              (2) implement a strategy for the redesign            bility gaps.
                                             the congressional defense committees that               of ALIS, including the identification and as-             (4) A description of the future manned and
                                             general purpose forces of the Air Force do              sessment of goals, key risks or uncertainties,         unmanned intelligence, surveillance, and re-




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                                             not have the skill or capacity to provide               and costs of redesigning the system.                   connaissance platform requirements of the
                                             close air support and armed overwatch to                SEC. 178. CONTRACT AVIATION SERVICES IN A              United States Special Operations Forces, in-
                                             United States forces deployed operationally.                       COUNTRY OR IN AIRSPACE IN                   cluding range, payload, endurance, ability to
                                             SEC.   176.  SPECIAL  OPERATIONS      ARMED                        WHICH A SPECIAL FEDERAL AVIA-               operate in contested environments, and
                                                        OVERWATCH.                                              TION REGULATION APPLIES.                    other requirements as appropriate.
                                               (a) PROHIBITION.—None of the funds author-              (a) IN GENERAL.—When the Department of                  (5) An explanation of the anticipated mix
                                             ized to be appropriated by this Act for the             Defense contracts for aviation services to be          of manned and unmanned aircraft, number of




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                                             June 29, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                    S3755
                                             platforms, and associated aircrew and main-               (1) oversee the program management and                 (A) the consistency of the budgets with the
                                             tainers.                                                execution of all counter unmanned aerial               roadmaps developed under paragraph (1);
                                               (6) An explanation of the extent to which             systems being developed within the military              (B) any technical and programmatic risks
                                             service-provided manned and unmanned air-               departments on the day before the date of              to achieving the research and technology de-
                                             borne intelligence, surveillance, and recon-            the enactment of this Act; and                         velopment goals of the National Defense
                                             naissance capabilities will be required in                (2) ensure that the plan prioritized under           Strategy; and
                                             support of United States Special Operations             subsection (a)(2) guides future programmatic             (C) projects and activities with unwanted
                                             Forces and how such capabilities will supple-           and funding decisions for activities relating          or inefficient duplication, including with
                                             ment and integrate with the organic capa-               to counter unmanned aerial systems, includ-            other government agencies and the commer-
                                             bilities possessed by United States Special             ing cancellation of such activities.                   cial sector, lack of appropriate coordination
                                             Operations Forces.                                      SEC. 182. JOINT ALL DOMAIN COMMAND AND                 with relevant organizations, or inappropriate
                                               (7) Any other matters deemed relevant by                         CONTROL REQUIREMENTS.                       alignment with organizational missions and
                                             the Assistant Secretary and Commander.                    (a) PRODUCTION OF REQUIREMENTS BY JOINT              capabilities;
                                             SEC. 181. REQUIREMENT TO ACCELERATE THE                 REQUIREMENTS       OVERSIGHT     COUNCIL.—Not            (4) coordinating research and engineering
                                                        FIELDING AND DEVELOPMENT OF                  later than October 1, 2020, the Joint Require-         activities of the Department with appro-
                                                        COUNTER UNMANNED AERIAL SYS-                 ments and Oversight Council (JROC) shall               priate international, interagency, and pri-
                                                        TEMS ACROSS THE JOINT FORCE.                                                                        vate sector organizations; and
                                                                                                     produce requirements for the Joint All Do-
                                               (a) PRIORITY OBJECTIVES FOR EXECUTIVE                                                                          (5) tasking the appropriate intelligence
                                                                                                     main Command and Control (JADC2) pro-
                                             AGENT FOR C-UAS.—The Executive Agent of                                                                        agencies to develop a direct comparison be-
                                                                                                     gram.
                                             the Joint Counter Small Unmanned Aerial                                                                        tween the capabilities of the United States
                                                                                                       (b) AIR FORCE CERTIFICATION.—Imme-
                                             Systems (C-sUAS) Office, as designated by                                                                      and the capabilities of adversaries of the
                                                                                                     diately after the certification of require-
                                             the Under Secretary of Defense, Acquisition                                                                    United States.
                                                                                                     ments produced under subsection (a), the
                                             and Sustainment, shall prioritize the fol-                                                                       (c) ANNUAL REPORTS.—
                                                                                                     Chief of Staff of the Air Force shall submit
                                             lowing objectives:                                                                                               (1) IN GENERAL.—Not later than December
                                                                                                     to the congressional defense committees a
                                               (1) Select counter unmanned aerial sys-                                                                      1, 2021, and not later than December 1 of each
                                                                                                     certification that the current JADC2 effort,
                                             tems that can be fielded as early as fiscal                                                                    year thereafter until December 1, 2025, the
                                                                                                     including programmatic and architecture ef-
                                             year 2021 to meet immediate operational                                                                        Under Secretary shall submit to the congres-
                                                                                                     forts, being led by the Air Force will meet
                                             needs in countering Group 1, 2, and 3 un-                                                                      sional defense committees a report of suc-
                                                                                                     the requirements laid out by the JROC.                 cessful examples of research and engineering
                                             manned aerial systems with the potential to
                                                                                                       (c) CERTIFICATION BY OTHER SERVICES.—                activities that have—
                                             expand to other larger systems.
                                                                                                     Not later than January 1, 2021, the chief of             (A) achieved significant technical progress;
                                               (2) Devise and execute a near-term plan to
                                                                                                     each other military service shall submit to              (B) transitioned to formal acquisition pro-
                                             develop and field a select set of counter un-
                                                                                                     the congressional defense committees a cer-            grams;
                                             manned aerial systems to meet joint force
                                                                                                     tification whether that service’s efforts on             (C) transitioned into operational use; or
                                             requirements, beginning in fiscal year 2021.
                                               (b) FIELDING C-UAS SYSTEMS IN FISCAL                  multi-domain command and control are                     (D) transferred for further commercial de-
                                             YEAR 2021.—Pursuant to subsection (a)(1),               compatible with the Air Force-led JADC2 ar-            velopment or commercial sales.
                                             the Executive Agent shall prioritize the se-            chitecture.                                              (2) FORM.—Each report submitted under
                                             lection of counter unmanned aerial systems                (d) BUDGETING.—The Secretary of Defense              paragraph (1) shall be submitted in a pub-
                                             that can be fielded in fiscal year 2021 with            shall incorporate the expected costs for full          licly releasable format, but may include a
                                             specific emphasis on systems that—                      development and implementation of the                  classified annex.
                                               (1) have undergone effective combat valida-           JADC2 program across the Department in                   (d) COORDINATION OF RESEARCH AND ENGI-
                                             tions;                                                  the President’s budget submission to Con-              NEERING ACTIVITIES.—The Service Acquisi-
                                               (2) meet the operational demands of de-               gress for fiscal year 2022 under section 1105 of       tion Executive for each military services and
                                             ployed forces facing the most significant               title 31, United States Code.                          the Director of the Defense Advanced Re-
                                             threats, especially unmanned aerial systems                TITLE II—RESEARCH, DEVELOPMENT,                     search Projects Agency shall each identify
                                             that are not remotely piloted or are not reli-                     TEST, AND EVALUATION                        senior officials to ensure coordination of ap-
                                             ant on a command link; and                                                                                     propriate research and engineering activities
                                                                                                      Subtitle A—Authorization of Appropriations
                                               (3) utilize autonomous systems and proc-                                                                     with each of the senior officials designated
                                                                                                     SEC. 201. AUTHORIZATION OF APPROPRIATIONS.             under subsection (a).
                                             esses that increase operational effectiveness,
                                                                                                       Funds are hereby authorized to be appro-             SEC. 212. GOVERNANCE OF FIFTH-GENERATION
                                             reduce the manning demands on operational
                                                                                                     priated for fiscal year 2021 for the use of the                   WIRELESS NETWORKING IN THE DE-
                                             forces, and limit the need for government-                                                                                PARTMENT OF DEFENSE.
                                                                                                     Department of Defense for research, develop-
                                             funded contractor logistics support.                                                                             (a) IN GENERAL.—In carrying out the re-
                                                                                                     ment, test, and evaluation, as specified in
                                               (c) NEAR-TERM DEVELOPMENT PLAN.—The                                                                          sponsibilities established in section 142 of
                                                                                                     the funding table in section 4201.
                                             plan for the near-term development of                                                                          title 10, United States Code, the Chief Infor-
                                             counter unmanned aerial systems prioritized                  Subtitle B—Program Requirements,
                                                                                                             Restrictions, and Limitations                  mation Officer (CIO) of the Department of
                                             under subsection (a)(2) shall ensure, at a                                                                     Defense shall—
                                             minimum, that the development of such sys-              SEC. 211. DESIGNATION AND ACTIVITIES OF SEN-             (1) lead the cross-functional team estab-
                                             tems—                                                               IOR OFFICIALS FOR CRITICAL TECH-
                                                                                                                                                            lished pursuant to subsection (c); and
                                               (1) builds, as much as practicable, upon                          NOLOGY AREAS SUPPORTIVE OF
                                                                                                                 THE NATIONAL DEFENSE STRATEGY.               (2) serve as the senior designated official
                                             systems that were selected for fielding in fis-                                                                for fifth-generation wireless networking
                                             cal year 2021 and the criteria prioritized for            (a) DESIGNATION OF SENIOR OFFICIALS.—The
                                                                                                                                                            (commonly known as ‘‘5G’’) policy, over-
                                             their selection, as specified in subsection (b);        Under Secretary for Research and Engineer-
                                                                                                                                                            sight, guidance, research, and coordination
                                               (2) reduces or accelerates the timeline for           ing shall designate a set of senior officials to
                                                                                                                                                            in the Department.
                                             initial operational capability and full oper-           coordinate research and engineering in such              (b) RESPONSIBILITIES.—The Chief Informa-
                                             ational capability;                                     technology areas as the Under Secretary                tion Officer shall have, with respect to au-
                                               (3) utilizes a software-defined, family-of-           considers critical for the support of the Na-          thorities referenced in subsection (a), the
                                             systems approach that enables the flexible              tional Defense Strategy.                               following responsibilities:
                                             and continuous integration of different types             (b) DUTIES.—The duties of the senior offi-             (1) Proposing governance, management,
                                             of sensors and mitigation solutions based on            cials designated under subsection (a) shall            and organizational policy for fifth-genera-
                                             the different demands of particular military            include, within their respective technology            tion wireless networking to the Secretary of
                                             installations and deployed forces, physical             areas—                                                 Defense, in consultation with the heads of
                                             geographies, and threat profiles; and                     (1) developing and continuously updating             the constituent organizations of the cross-
                                               (4) gives preference to commercial items,             research and technology development road-              functional team established pursuant to sub-
                                             as required in section 3307 of title 41, United         maps, associated funding strategies, and as-           section (c).
                                             States Code, when making selections of                  sociated technology transition strategies to             (2) Leading the cross-functional team es-
                                             counter unmanned aerial systems or compo-               ensure effective and efficient development of          tablished pursuant to subsection (c).
                                             nent parts, including a common command                  new capabilities and operational use of ap-              (c) CROSS-FUNCTIONAL TEAM FOR FIFTH-GEN-
                                             and control system.                                     propriate technologies;                                ERATION WIRELESS NETWORKING.—
                                               (d) BRIEFING.—Not later than 60 days after              (2) annual assessments of workforce, infra-            (1) ESTABLISHMENT REQUIRED.—The Sec-
                                             the date of the enactment of this Act, the              structure, and industrial base capabilities            retary of Defense shall, in accordance with
                                             Executive Agent shall brief the congres-                and capacity to support the roadmaps devel-            section 911(c) of the National Defense Au-




dlhill on DSK120RN23PROD with SENATE
                                             sional defense committees on the selection              oped under paragraph (1) and the goals of the          thorization Act for Fiscal Year 2017 (Public
                                             process for counter unmanned aerial systems             National Defense Strategy;                             Law 114–328; 10 U.S.C. 111 note), establish a
                                             capabilities prioritized under paragraph (1)              (3) reviewing the relevant research and en-          cross-functional team for fifth-generation
                                             of subsection (a) and the plan prioritized              gineering budgets of appropriate organiza-             wireless networking in order—
                                             under paragraph (2) of such subsection.                 tions within the Department of Defense, in-              (A) to advance the development and adop-
                                               (e) OVERSIGHT.—The Executive Agent                    cluding the military services, and advising            tion of next generation wireless communica-
                                             shall—                                                  the Under Secretary on—                                tion technologies, capabilities, security, and




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                                             S3756                                             CONGRESSIONAL RECORD — SENATE                                                          June 29, 2020
                                             applications in the Department of Defense,              sistent with reform efforts that support the           Act, the Secretary of Defense shall establish
                                             the defense industrial base, and the commer-            National Defense Strategy.                             a program to provide part-time or term em-
                                             cial sector; and                                          (b) PROTOTYPING ACTIVITIES ALIGNED TO                ployment in Department of Defense science
                                                (B) to support public-private partnership            USE CASES.—The Secretary, acting through               and technology reinvention laboratories
                                             between the Department and industry re-                 the Under Secretary of Defense for Research            for—
                                             garding     fifth-generation   wireless   net-          and Engineering and in coordination with                 (1) faculty of institutions of higher edu-
                                             working.                                                the Director of the Joint Artificial Intel-            cation who have expertise in science, tech-
                                                (2) PURPOSE.—The purpose of the cross-               ligence Center and such other officers and             nology, engineering, or mathematics to con-
                                             functional team established pursuant to                 employees as the Secretary considers appro-            duct research projects in such laboratories;
                                             paragraph (1) shall be the—                             priate, shall pilot technology development             and
                                                (A) oversight of the implementation of the           and prototyping activities that leverage                 (2) students at such institutions to assist
                                             strategy developed as required by section 254           commercially available technologies and                such faculty in conducting such research
                                             of the National Defense Authorization Act               systems to demonstrate new artificial intel-           projects.
                                             for Fiscal Year 2020 (Public Law 116–92) for            ligence enabled capabilities to support the              (b) NUMBER OF POSITIONS.—
                                             harnessing fifth-generation wireless net-               use cases identified under subsection (a).               (1) IN GENERAL.—Not later than one year
                                             working technologies, coordinated across all              (c) BRIEFING.—Not later than October 1,              after the date of the commencement of the
                                             relevant elements of the Department;                    2021, the Secretary shall provide to the con-          program established under subsection (a),
                                                (B) coordination of research and develop-            gressional defense committees a briefing               the Secretary shall, under such program, es-
                                             ment, implementation and acquisition ac-                summarizing the activities carried out under           tablish at least 10 positions of employment
                                             tivities, warfighting concept development,              this section.                                          described in such subsection for faculty de-
                                             spectrum policy, industrial policy and com-             SEC. 214. EXTENSION OF AUTHORITIES TO EN-              scribed in paragraph (1) of such subsection.
                                             mercial outreach and partnership relating to                        HANCE INNOVATION AT DEPART-                  (2) ARTIFICIAL INTELLIGENCE AND MACHINE
                                                                                                                 MENT OF DEFENSE LABORATORIES.              LEARNING.—Of       the positions established
                                             fifth-generation wireless networking in the
                                             Department of Defense, and interagency and                (a) EXTENSION OF PILOT PROGRAM FOR THE               under paragraph (1), at least five of such po-
                                             international engagement;                               ENHANCEMENT OF THE RESEARCH, DEVELOP-                  sitions shall be for faculty conducting re-
                                                                                                     MENT, TEST, AND EVALUATION CENTERS OF THE              search in the area of artificial intelligence
                                                (C) integration of the Department of De-
                                             fense’s fifth-generation wireless networking            DEPARTMENT OF DEFENSE.—Section 233(e) of               and machine learning.
                                             programs and policies with major Depart-                the National Defense Authorization Act for               (c) SELECTION.—The Secretary, acting
                                             ment initiatives, programs, and policies sur-           Fiscal Year 2017 (Public Law 114–328; 10               through the directors of the laboratories de-
                                             rounding secure microelectronics and com-               U.S.C. 2358 note) is amended by striking               scribed in subsection (a), shall select faculty
                                             mand and control; and                                   ‘‘September 30, 2022’’ and inserting ‘‘Sep-            described in paragraph (1) of such subsection
                                                                                                     tember 30, 2025’’.                                     for participation in the program established
                                                (D) oversight, coordination, execution, and
                                                                                                       (b) EXTENSION OF PILOT PROGRAM TO IM-                under such subsection on the basis of—
                                             leadership of, as appropriate, Department of
                                                                                                     PROVE INCENTIVES FOR TECHNOLOGY TRANS-                   (1) the academic credentials and research
                                             Defense initiatives to advance the national
                                                                                                     FER FROM DEPARTMENT OF DEFENSE LABORA-                 experience of the faculty;
                                             deployment of fifth-generation wireless net-
                                                                                                     TORIES.—Subsection (e) of section 233 of the             (2) the potential contribution to Depart-
                                             works and associated applications in the
                                                                                                     National Defense Authorization Act for Fis-            ment objectives by the research that will be
                                             Federal Government and relevant commer-
                                                                                                     cal Year 2018 (Public Law 115–91; 10 U.S.C.            conducted by the faculty under the program;
                                             cial partners.
                                                (d) ROLES AND RESPONSIBILITIES.—The Sec-             2514 note) is amended to read as follows:              and
                                                                                                       ‘‘(e) SUNSET.—The pilot program under this             (3) the qualifications of any students who
                                             retary of Defense, through the cross-func-
                                                                                                     section shall terminate on September 30,               will be assisting the faculty in such research
                                             tional team established under subsection (c),
                                                                                                     2025.’’.                                               and the role and credentials of such stu-
                                             shall define the roles of the organizations
                                                                                                     SEC. 215. UPDATES TO DEFENSE QUANTUM IN-               dents.
                                             within the Office of the Secretary of Defense,                      FORMATION SCIENCE AND TECH-
                                             Department of Defense intelligence compo-                                                                        (d) AUTHORITIES.—In carrying out the pro-
                                                                                                                 NOLOGY RESEARCH AND DEVELOP-               gram established under subsection (a), the
                                             nents, military services, defense agencies                          MENT PROGRAM.                              Secretary and the directors of the labora-
                                             and field activities, combatant commands,                 Section 234 of the John S. McCain National           tories described in such subsection may—
                                             and the Joint Staff, for fifth-generation               Defense Authorization Act for Fiscal year                (1) use any hiring authority available to
                                             wireless networking policy and programs                 2019 (Public Law 115–232; 10 U.S.C. 2358 note),
                                             within the Department.                                                                                         the Secretary or the directors, including any
                                                                                                     as amended by section 220 of the National              authority available under a laboratory dem-
                                                (e) BRIEFING.—Not later than March 15,               Defense Authorization Act for Fiscal Year
                                             2021, the Secretary shall submit to the con-                                                                   onstration program, direct hiring authority
                                                                                                     2020 (Public Law 116–92), is further amend-            under section 1599h of title 10, United States
                                             gressional defense committees a briefing on             ed—
                                             the establishment of the cross-functional                                                                      Code, and expert hiring authority under sec-
                                                                                                       (1) by redesignating subsection (e) as sub-          tion 3109 of title 5, United States Code;
                                             team pursuant to subsection (c) and the roles           section (f); and
                                             and responsibilities defined pursuant to sub-                                                                    (2) utilize cooperative research and devel-
                                                                                                       (2) by inserting after subsection (d) the fol-       opment agreements under section 12 of the
                                             section (d).                                            lowing new subsection (e):
                                                (f) RULE OF CONSTRUCTION.—                                                                                  Stevenson-Wydler Technology Innovation
                                                                                                       ‘‘(e) USE OF QUANTUM COMPUTING CAPABILI-             Act of 1980 (15 U.S.C. 3710a) to enable sharing
                                                (1) IN GENERAL.—Nothing in this section              TIES.—The Secretary of each military de-
                                             shall be construed as providing the Chief In-                                                                  of research and expertise with institutions of
                                                                                                     partment shall—                                        higher education and the private sector; and
                                             formation Officer immediate responsibility                ‘‘(1) develop and annually update a list of
                                             for the Department’s activities in fifth-gen-                                                                    (3) provide referral bonuses to program
                                                                                                     technical problems and research challenges             participants who identify students to assist
                                             eration wireless networking experimentation             which are likely to be addressable by quan-
                                             and science and technology development.                                                                        in a research project under the program or to
                                                                                                     tum computers available for use within in              participate in laboratory internship pro-
                                                (2) PURVIEW OF EXPERIMENTATION AND                   the next one to three years, with a priority
                                             SCIENCE AND TECHNOLOGY DEVELOPMENT.—The                                                                        grams and the Pathways Internship Pro-
                                                                                                     for technical problems and challenges where            gram.
                                             activities described in paragraph (1) shall re-         quantum computing systems have perform-
                                             main within the purview of the Under Sec-                                                                        (e) ANNUAL REPORTS.—
                                                                                                     ance advantages over traditional computing               (1) IN GENERAL.—Not later than one year
                                             retary of Defense for Research and Engineer-            systems, in order to enhance the capabilities
                                             ing, but shall inform and be informed by the                                                                   after the date of the enactment of this Act
                                                                                                     of such quantum computers and support the              and not less frequently than once each year
                                             activities of the cross-functional team estab-          addressing of relevant technical problems
                                             lished pursuant to subsection (c).                                                                             thereafter until the date that is three years
                                                                                                     and research challenges; and                           after the date of the enactment of this Act,
                                             SEC. 213. APPLICATION OF ARTIFICIAL INTEL-                ‘‘(2) establish programs and enter into
                                                        LIGENCE TO THE DEFENSE REFORM                                                                       the Secretary shall submit to Congress a re-
                                                        PILLAR OF THE NATIONAL DEFENSE
                                                                                                     agreements with appropriate medium and                 port on the program established under sub-
                                                        STRATEGY.                                    small businesses with functional quantum               section (a).
                                               (a) IDENTIFICATION OF USE CASES.—The                  computing capabilities to provide such pri-              (2) CONTENTS OF FIRST REPORT.—The first
                                             Secretary of Defense, acting through such of-           vate sector capabilities to government, in-            report submitted under paragraph (1) shall
                                             ficers and employees of the Department of               dustry, and academic researchers working on            address, at a minimum, the following:
                                             Defense as the Secretary considers appro-               relevant technical problems and research ac-             (A) The number of faculty and students
                                             priate, including the chief data officers and           tivities.’’.                                           employed under the program.
                                             chief management officers of the military               SEC. 216. PROGRAM OF PART-TIME AND TERM                  (B) The laboratories employing such fac-




dlhill on DSK120RN23PROD with SENATE
                                                                                                                EMPLOYMENT AT DEPARTMENT OF
                                             departments, shall identify a set of no fewer                                                                  ulty and students.
                                                                                                                DEFENSE    SCIENCE  AND   TECH-
                                             than five use cases of the application of ex-                      NOLOGY    REINVENTION   LABORA-               (C) The types of research conducted or to
                                             isting artificial intelligence enabled systems                     TORIES OF FACULTY AND STUDENTS              be conducted by such faculty or students.
                                             to support improved management of enter-                           FROM INSTITUTIONS OF HIGHER                   (3) CONTENTS OF SUBSEQUENT REPORTS.—
                                             prise acquisition, personnel, audit, or finan-                     EDUCATION.                                  Each report submitted under paragraph (1)
                                             cial management functions, or other appro-                (a) PROGRAM REQUIRED.—Not later than 180             after the first report shall address, at a min-
                                             priate management functions, that are con-              days after the date of the enactment of this           imum, the following:




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                                             June 29, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S3757
                                               (A) The matters set forth in subparagraphs            SEC.   219.DEVELOPMENT AND TESTING OF                    (2) ELEMENTS.—The assessment and com-
                                             (A) through (C) of paragraph (2).                                  HYPERSONIC CAPABILITIES.                    parison carried out under paragraph (1) shall
                                               (B) The number of interns and recent col-               (a) SENSE OF CONGRESS ON HYPERSONIC CA-              include the following:
                                             lege graduates hired pursuant to referrals              PABILITIES.—It is the sense of Congress that             (A) An evaluation of the quantity, quality,
                                             under subsection (d)(3).                                development of hypersonic capabilities is a            and progress of United States fundamental
                                               (C) The results of research conducted under           key element of the National Defense Strat-             and applied research for emerging bio-
                                             the program.                                            egy.                                                   technology initiatives for national security
                                               (f) DEPARTMENT OF DEFENSE SCIENCE AND                   (b) IMPROVING GROUND-BASED TEST FACILI-              purposes.
                                             TECHNOLOGY REINVENTION LABORATORY DE-                   TIES.—The Secretary of Defense shall take                (B) An assessment of the resourcing of
                                             FINED.—In this section, the term ‘‘Depart-              such actions as may be necessary to improve            United States efforts to harness emerging
                                             ment of Defense science and technology re-              ground-based test facilities for the develop-          biotechnology capabilities for national secu-
                                             invention laboratory’’ means the entities               ment of hypersonic capabilities, such as im-           rity purposes, including the supporting fa-
                                             designated by section 1105(a) of the National           proving wind tunnels.                                  cilities, test infrastructure, and workforce.
                                             Defense Authorization Act for Fiscal Year                 (c) INCREASING FLIGHT TEST RATE.—The                   (C) An intelligence assessment of adver-
                                             2010 (Public Law 111–84; 10 U.S.C. 2358 note).          Secretary shall increase the flight test rate          sary emerging biotechnology capabilities
                                             SEC. 217. IMPROVEMENTS TO TECHNOLOGY AND                to expedite the maturation and fielding of             and research as well as an assessment of ad-
                                                         NATIONAL SECURITY FELLOWSHIP                hypersonic technologies.                               versary intent and willingness to use emerg-
                                                         OF DEPARTMENT OF DEFENSE.                     (d) STRATEGY AND PLAN.—                              ing biotechnologies for national security
                                               (a) MODIFICATION REGARDING BASIC PAY.—                  (1) IN GENERAL.—Not later than December              purposes.
                                             Subsection (a)(4)(A) of section 235 of the Na-          30, 2020, the Under Secretary of Defense for             (D) An assessment of the analytic and
                                             tional Defense Authorization Act for Fiscal             Research and Engineering, in consultation              operational subject matter expertise nec-
                                             Year 2020 (Public Law 116–92) is amended—               with the Chief of Staff of the Air Force, shall        essary to assess rapidly-evolving foreign
                                               (1) by striking ‘‘equivalent to’’ and insert-         submit to the congressional defense commit-            military developments in biotechnology, and
                                             ing ‘‘not less than’’; and                              tees an executable strategy and plan to field          the current state of the workforce in the in-
                                               (2) by inserting ‘‘and not more than the              air-launched and air-breathing hypersonic              telligence community
                                             rate of basic pay payable for a position at             weapons capability before the date that is               (E) Recommendations to improve and ac-
                                             level 15 of such schedule’’ before the semi-            three years after the date of the enactment            celerate United States capabilities in emerg-
                                             colon.                                                  of this Act.                                           ing biotechnologies and the associated intel-
                                               (b) BACKGROUND CHECKS.—Subsection (b) of                (2) TESTING AND INFRASTRUCTURE.—The                  ligence community expertise.
                                             such section is amended by adding at the end            strategy and plan submitted under para-                  (F) Such other matters as the Secretary
                                             the following new paragraph:                            graph (1) shall cover required investments in          considers appropriate.
                                               ‘‘(3) BACKGROUND CHECK REQUIREMENT.—No                testing and infrastructure to address the                (b) REPORT.—
                                             individual may participate in the fellows               need for both flight and ground testing.                 (1) IN GENERAL.—Not later than February 1,
                                             program without first undergoing a back-                SEC. 220. DISCLOSURE REQUIREMENTS FOR RE-              2021, the Secretary shall submit to the con-
                                             ground check that the Secretary considers                           CIPIENTS OF DEPARTMENT OF DE-              gressional defense committees a report on
                                             appropriate for participation in the fellows                        FENSE RESEARCH AND DEVELOP-                the assessment carried out under subsection
                                             program.’’.                                                         MENT GRANTS.
                                                                                                                                                            (a).
                                             SEC. 218. DEPARTMENT OF DEFENSE RESEARCH,                 (a) DISCLOSURE REQUIREMENTS.—                          (2) FORM.—The report submitted under
                                                         DEVELOPMENT, AND DEPLOYMENT                   (1) IN GENERAL.—Chapter 139 of title 10,             paragraph (1) shall be submitted in the fol-
                                                         OF  TECHNOLOGY   TO   SUPPORT               United States Code, is amended by adding at            lowing formats—
                                                         WATER SUSTAINMENT.                          the end the following new section:                       (A) unclassified form, which may include a
                                               (a) IN GENERAL.—The Secretary of Defense              ‘‘§ 2374b. Disclosure requirements for recipi-         classified annex; and
                                             shall research, develop, and deploy advanced               ents of research and development grants               (B) publically releasable form, rep-
                                             technologies that support water sustainment                                                                    resenting appropriate information from the
                                                                                                        ‘‘An individual or entity (including a State
                                             with technologies that capture ambient hu-                                                                     report under subparagraph (A).
                                                                                                     or local government) that receives Depart-
                                             midity and harvest, recycle, and reuse water.                                                                    (c) DEFINITION OF INTELLIGENCE COMMU-
                                                                                                     ment of Defense grant funds for research and
                                               (b) GOAL.—Under subsection (a), the Sec-                                                                     NITY.—In this subsection, the term ‘‘intel-
                                                                                                     development shall clearly state in any state-
                                             retary shall seek to develop water systems                                                                     ligence community’’ has the meaning given
                                                                                                     ment, press release, or other document de-
                                             that reduce weight and logistics support and                                                                   such term in section 3 of the National Secu-
                                                                                                     scribing the program, project, or activity
                                             transition such advanced technologies for                                                                      rity Act of 1947 (50 U.S.C. 3003).
                                                                                                     funded through such grant funds, other than
                                             use by expeditionary forces by January 1,                                                                      SEC. 232. INDEPENDENT COMPARATIVE ANAL-
                                                                                                     a communication containing not more than
                                             2025.                                                                                                                      YSIS OF EFFORTS BY CHINA AND
                                               (c) MODULAR PLATFORMS.—In carrying out                280 characters, the dollar amount of Depart-
                                                                                                                                                                        THE UNITED STATES TO RECRUIT
                                             subsection (a), the Secretary shall develop             ment grant funds made available for the pro-
                                                                                                                                                                        AND RETAIN RESEARCHERS IN NA-
                                             the following:                                          gram, project, or activity.’’.                                     TIONAL SECURITY-RELATED FIELDS.
                                               (1) Modular platforms that are easily                    (2) CLERICAL AMENDMENT.—The table of                  (a) AGREEMENT.—
                                             transportable.                                          sections at the beginning of chapter 139 of              (1) IN GENERAL.—The Secretary of Defense
                                               (2) Trailer mounted systems that will re-             such title is amended by adding at the end             shall seek to enter into an agreement with
                                             duce resupply.                                          the following new item:                                the National Academies of Sciences, Engi-
                                               (3) Storage requirements at forward oper-             ‘‘2374b. Disclosure requirements for recipi-           neering, and Medicine for the National Acad-
                                             ating bases.                                                            ents of research and develop-          emies of Sciences, Engineering, and Medicine
                                               (d) PARTNERSHIPS AND EXISTING TECH-                                   ment grants.’’.                        to perform the services covered by this sec-
                                             NIQUES AND TECHNOLOGIES.—In carrying out                   (b) EFFECTIVE DATE.—The amendments                  tion.
                                             subsection (a), the Secretary shall seek—               made by subsection (a) shall take effect on              (2) TIMING.—The Secretary shall seek to
                                               (1) to enter into partnerships with foreign           October 1, 2021, and shall apply with respect          enter into the agreement described in para-
                                             militaries and organizations that have prov-            to grants for research and development that            graph (1) not later than 60 days after the
                                             en they have the ability to operate in water            are awarded by the Department of Defense               date of the enactment of this Act.
                                             constrained areas;                                      on or after that date.                                   (b) REVIEW.—
                                               (2) to leverage existing techniques and                     Subtitle C—Plans, Reports, and Other               (1) IN GENERAL.—Under an agreement be-
                                             technologies; and                                                            Matters                           tween the Secretary and the National Acad-
                                               (3) to apply such techniques and tech-                SEC. 231. ASSESSMENT ON UNITED STATES NA-
                                                                                                                                                            emies of Sciences, Engineering, and Medicine
                                             nologies to military operations carried out                         TIONAL SECURITY EMERGING BIO-              under this section, the National Academies
                                             by the United States.                                               TECHNOLOGY EFFORTS AND CAPA-               of Sciences, Engineering, and Medicine shall
                                               (e) COMMERCIAL OFF-THE-SHELF TECH-                                BILITIES AND COMPARISON WITH               carry out a comparative analysis of efforts
                                             NOLOGIES.—In carrying out subsection (a), in                        ADVERSARIES.                               by China and the United States Government
                                             addition to technology described in such sub-             (a) ASSESSMENT AND COMPARISON RE-                    to recruit and retain domestic and foreign
                                             section, the Secretary shall consider using             QUIRED.—                                               researchers and develop recommendations
                                             commercial off-the-shelf technologies for                 (1) IN GENERAL.—The Secretary of Defense,            for the Department of Defense.
                                             cost savings and near ready deployment                  acting through the Under Secretary of De-                (2) ELEMENTS.—The comparative analysis
                                             technologies to enable warfighters to be                fense for Research and Engineering and the             carried out under paragraph (1) and the rec-
                                             more self-sufficient.                                   Under Secretary of Defense for Intelligence,           ommendations developed under such para-




dlhill on DSK120RN23PROD with SENATE
                                               (f) CROSS FUNCTIONAL TEAMS.—In carrying               shall conduct an assessment and direct com-            graph shall include the following:
                                             out subsection (a), the Secretary shall estab-          parison of capabilities in emerging biotech-             (A) A list of the ‘‘talent programs’’ used by
                                             lish cross functional teams to determine re-            nologies for national security purposes, in-           China and a list of the incentive programs
                                             gions where deployment of water harvesting              cluding applications in material, manufac-             used by the United States to recruit and re-
                                             technologies could reduce conflict and poten-           turing, and health, between the capabilities           tain relevant researchers.
                                             tially eliminate the need for the presence of           of the United States and the capabilities of             (B) The types of researchers, scientists,
                                             the Armed Forces.                                       adversaries of the United States.                      other technical experts, and fields targeted




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                                             S3758                                             CONGRESSIONAL RECORD — SENATE                                                          June 29, 2020
                                             by each talent program listed under subpara-            SEC. 234. INDEPENDENT TECHNICAL REVIEW OF              SEC. 235. REPORT ON AND LIMITATION ON EX-
                                             graph (A).                                                          FEDERAL COMMUNICATIONS COM-                            PENDITURE OF FUNDS FOR MICRO
                                                                                                                 MISSION ORDER 20–48.                                   NUCLEAR REACTOR PROGRAMS.
                                               (C) The number of researchers in academia,
                                             the Department of Defense Science and                                                                            (a) REPORT REQUIRED.—The Secretary of
                                                                                                       (a) AGREEMENT.—                                      Defense shall submit to the appropriate con-
                                             Technology Reinvention Laboratories, and                  (1) IN GENERAL.—The Secretary of Defense
                                             national security science and engineering                                                                      gressional committees a report on the micro
                                                                                                     shall seek to enter into an agreement with             nuclear reactor programs of the Department
                                             programs of the National Nuclear Security               the National Academies of Sciences, Engi-              of Defense.
                                             Administration targeted by the talent pro-              neering, and Medicine for the National Acad-             (b) CONTENTS.—The report required by sub-
                                             grams listed under subparagraph (A).                    emies of Sciences, Engineering, and Medicine           section (a) shall include the following:
                                               (D) The number of personnel currently par-            to perform the services covered by this sec-             (1) Potential operational uses on United
                                             ticipating in the talent programs listed                tion.                                                  States and non-United States territory, in-
                                             under subparagraph (A) and the number of                  (2) TIMING.—The Secretary shall seek to              cluding both mobile and fixed systems.
                                             researchers currently participating in the in-          enter into the agreement described in para-              (2) Cost and schedule estimates for each
                                             centive programs listed under such subpara-                                                                    new or ongoing program to reach initial
                                                                                                     graph (1) not later than 30 days after the
                                             graph.                                                                                                         operational     capability,    including   the
                                                                                                     date of the enactment of this Act.
                                               (E) The incentives offered by each of the                                                                    timeline for transition of any program cur-
                                             talent programs listed under subparagraph                 (b) INDEPENDENT TECHNICAL REVIEW.—                   rently funded using defense-wide funds to
                                             (A) and a description of the incentives of-               (1) IN GENERAL.—Under an agreement be-               one or more military services and the identi-
                                             fered through incentive programs under such             tween the Secretary and the National Acad-             fied transition partner in such military serv-
                                             subparagraph to recruit and retain research-            emies of Sciences, Engineering, and Medicine           ices.
                                             ers, scientists, and other technical experts.           under subsection (a), the National Academies             (3) In consultation with the Assistant Sec-
                                               (F) A characterization of the national se-            of Sciences, Engineering, and Medicine shall           retary of Defense for Nuclear, Chemical, and
                                             curity, economic, and scientific benefits               carry out an independent technical review of           Biological Defense programs, an assessment
                                             China gains through the talent programs                 the Order and Authorization adopted by the             of physical security requirements for use of
                                             listed under subparagraph (A) and a descrip-            Federal Communications Commission on                   such reactors on domestic military installa-
                                             tion of similar gains accrued to the United             April 19, 2020 (FCC 20–48), to the extent that         tions and non-United States nondomestic in-
                                             States through incentive programs listed                such order and authorization affects the de-           stallations or locations, including fully per-
                                             under such subparagraph.                                vices, operations, or activities of the Depart-        missive, semi-permissive, and remote envi-
                                               (G) A list of findings and recommendations            ment of Defense.                                       ronments, including a preliminary design
                                             relating to policies that can be implemented              (2) ELEMENTS.—The independent technical              basis threat analysis.
                                             by the United States, especially the Depart-            review carried out under paragraph (1) shall             (4) In coordination with the Secretary of
                                             ment of Defense, to improve the relative ef-            include the following:                                 State—
                                             fectiveness of United States activities to re-            (A) Comparison of the two different ap-                (A) an assessment of any agreements or
                                             cruit and retain researchers, scientists, and           proaches on which the Commission relied for            changes to agreements that would be re-
                                             other technical experts relative to China.              the order and authorized described in para-            quired for use of such reactors on non-United
                                               (c) REPORT.—                                          graph (1) to evaluate the potential harmful            States territory;
                                               (1) IN GENERAL.—Not later than one year               interference concerns relating to Global Po-             (B) an assessment of applicability of for-
                                             after the date of the execution of an agree-            sitioning System devices, with a rec-                  eign regulations or International Atomic En-
                                             ment under subsection (a), the National                 ommendation on which method most effec-                ergy Agency safeguards for use on non-
                                             Academies of Sciences, Engineering, and                 tively mitigates risks of harmful inter-               United States territory; and
                                             Medicine shall submit to the congressional              ference with Global Positioning System de-               (C) other policy implications of deploy-
                                             defense committees a report on the findings             vices of the Department, or relating to or             ment of such systems on non-United States
                                             National Academies of Sciences, Engineer-               with the potential to affect the operations            territory.
                                             ing, and Medicine with respect to the review            and activities of the Department.                        (5) In coordination with the Chairman of
                                             carried out under this section and the rec-               (B) Assessment of the potential for harm-            the Nuclear Regulatory Commission, a sum-
                                             ommendations developed under this section.              ful interference to mobile satellite services,         mary of licensing requirements for operation
                                               (2) FORM.—The report submitted under                                                                         of such systems on United States territory.
                                                                                                     including commercial services and Global
                                             paragraph (1) shall be submitted in a pub-                                                                       (6) A summary of requirements pursuant to
                                                                                                     Positioning System services of the Depart-
                                             licly releasable and unclassified formats, but                                                                 the National Environmental Policy Act of
                                                                                                     ment, or relating to or with the potential to
                                             may include a classified annex.                                                                                1969 (42 U.S.C. 4321 et seq.) for development
                                                                                                     affect the operations and activities of the
                                                                                                                                                            and operation on United States territory.
                                             SEC.   233.   DEPARTMENT OF DEFENSE DEM-                Department.
                                                           ONSTRATION    OF   VIRTUALIZED
                                                                                                                                                              (7) In consultation with the General Coun-
                                                                                                       (C) Review of the feasibility, practicality,         sel of the Department of Defense, an assess-
                                                           RADIO ACCESS NETWORK AND MAS-             and effectiveness of the proposed mitigation
                                                           SIVE MULTIPLE INPUT MULTIPLE                                                                     ment of any issues relating to indemnifica-
                                                           OUTPUT RADIO ARRAYS FOR FIFTH
                                                                                                     measures relating to, or with the potential            tion for operation on United States or non-
                                                           GENERATION     WIRELESS   NET-            to affect, the devices, operations, or activi-         United States territory and any other rel-
                                                           WORKING.                                  ties of the Department.                                evant legal matters.
                                               (a) DEMONSTRATION REQUIRED.—The Sec-                    (D) Development of recommendations asso-               (8) In coordination with the Secretary of
                                             retary of Defense shall carry out a dem-                ciated with the findings of the National               State and the Secretary of Energy, a deter-
                                             onstration to demonstrate the maturity, per-            Academies of Sciences, Engineering, and                mination of whether development, produc-
                                             formance, and cost of covered technologies              Medicine in carrying out the independent               tion, and deployment of such systems would
                                             in order to provide additional options for              technical review.                                      require unobligated enriched uranium fuel.
                                             providers of fifth-generation (5G) wireless               (E) Such other matters as the National                 (9) If the determination in paragraph (8) is
                                             networking services.                                    Academies of Sciences, Engineering, and                that unobligated fuel would be required, in
                                               (b) COVERED TECHNOLOGIES.—For purposes                Medicine determines relevant.                          coordination with the Administrator for Nu-
                                             of this section, a covered technology is—                 (c) REPORT.—                                         clear Security, an assessment of the avail-
                                               (1) a disaggregated or virtualized radio ac-            (1) IN GENERAL.—Under an agreement be-               ability of such unobligated enriched uranium
                                             cess network and core where components can              tween the Secretary and the National Acad-             fuel, by year, for the estimated life of the
                                             be provided by different vendors and inter-             emies of Sciences, Engineering, and Medicine           program, considered with other United
                                             operate through open protocols and inter-               under subsection (a), the National Academies           States Government demands for such fuel,
                                             faces; and                                              of Sciences, Engineering, and Medicine shall,          including tritium production, naval nuclear
                                               (2) one or more massive multiple input and            not later than nine months after the date of           propulsion, and medical isotope production.
                                             multiple output radio arrays provided by                the execution of such agreement, the Na-                 (10) Any other considerations the Sec-
                                             United States companies that have the po-               tional Academies of Sciences, Engineering,             retary determines relevant.
                                             tential to compete favorably with radios pro-                                                                    (c) CONSULTATION.—In addition to con-
                                                                                                     and Medicine shall submit to the Committee
                                             duced by foreign companies in terms of cost,                                                                   sultation and coordination required under
                                                                                                     on Armed Services of the Senate and the
                                             performance, and efficiency.                                                                                   subsection (b), the Secretary shall, in pro-
                                                                                                     Committee on Armed Services of the House
                                                                                                                                                            ducing the report required by subsection (a),
                                               (c) LOCATION.—The Secretary shall carry               of Representatives a report on the findings of         consult with the Secretary of the Army, the
                                             out the demonstration under subsection (a)              the National Academies of Sciences, Engi-              Chairman of the Joint Chiefs of Staff, the
                                             at at least one site where the Secretary of             neering, and Medicine with respect to the              Under Secretary of Defense for Policy, the




dlhill on DSK120RN23PROD with SENATE
                                             Defense plans to deploy a fifth-generation              independent technical review carried out               Director of Naval Nuclear Propulsion, and
                                             wireless network.                                       under subsection (b) and the recommenda-               such other officials as the Secretary con-
                                               (d) COORDINATION.—The Secretary shall                 tions developed pursuant to such review.               siders necessary.
                                             carry out the demonstration under sub-                    (2) FORM.—The report submitted under                   (d) FORM.—The report submitted under
                                             section (a) in coordination with at least one           paragraph (1) shall be submitted in a pub-             subsection (a) shall be submitted in unclassi-
                                             major United States wireless network serv-              licly releasable and unclassified formats, but         fied form, but may include a classified
                                             ice provider.                                           may include a classified annex.                        annex.




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                                             June 29, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S3759
                                               (e) LIMITATION ON USE OF FUNDS.—Not                     ‘‘(iii) Test and evaluation challenges raised          (6) Military payloads.
                                             more than 20 percent of the amounts author-             since the completion of the most recent                  (7) Any other subsystem identified as crit-
                                             ized to be appropriated by this Act for fiscal          quadrennial strategic plan.                            ical by the Senior Technical Authority des-
                                             year 2021 for Department of Defense micro                 ‘‘(iv) Actions taken or planned to address           ignated under section 8669b(a)(1) of title 10,
                                             nuclear reactor programs shall be obligated             such challenges.’’.                                    United States Code, for the class of naval
                                             or expended until the Secretary submits the               (e) TECHNICAL CORRECTION.—Subsection                 vessels that includes the covered vessel.
                                             report required by subsection (a) to the ap-            (d)(1) of such, as amended by subsections              SEC. 238. DOCUMENTATION RELATING TO THE
                                             propriate congressional committees.                     (a)(2) and (b), is further amended by striking                    ADVANCED BATTLE MANAGEMENT
                                               (f) RULE OF CONSTRUCTION.—Nothing in this             ‘‘Test Resources Management Center’’ and                          SYSTEM.
                                             provision shall be construed to limit or oth-           inserting ‘‘Test Resource Management Cen-                (a)   DOCUMENTATION   REQUIRED.—Imme-
                                             erwise apply to the Naval Nuclear Propul-               ter’’.                                                 diately upon the enactment of this Act, the
                                             sion program as established by Executive                SEC. 237. LIMITATION ON CONTRACT AWARDS                Secretary of the Air Force shall submit to
                                                                                                                 FOR CERTAIN UNMANNED VESSELS.              the congressional defense committees the
                                             Order No. 12344, dated February 1, 1982 (42
                                             U.S.C. 7158 note).                                        (a) LIMITATION.—None of the funds author-            following documentation relating to the Ad-
                                                                                                     ized to be appropriated for fiscal year 2021 by        vanced Battle Management System:
                                               (g) DEFINITIONS.—In this section:
                                                                                                     section 201 for research, development, test,             (1) A list that identifies each program,
                                               (1) The term ‘‘appropriate congressional
                                                                                                     and evaluation may be used for the award of            project, and activity that contributes to the
                                             committees’’ means—
                                                                                                     a contract for a covered vessel until the date         architecture of the Advanced Battle Manage-
                                               (A) the Committee on Armed Services, the              that is 30 days after the date on which the
                                             Committee on Appropriations, the Com-                                                                          ment System.
                                                                                                     Under Secretary of Defense for Research and              (2) The final analysis of alternatives for
                                             mittee on Energy and Natural Resources, the             Engineering submits to the congressional de-
                                             Committee on Environment and Public                                                                            the Advanced Battle Management System.
                                                                                                     fense committees a report and certification
                                             Works, and the Committee on Foreign Rela-                                                                        (3) The requirements for the networked
                                                                                                     described in subsection (c) for such contract
                                             tions of the Senate; and                                                                                       data architecture necessary for the Ad-
                                                                                                     and covered vessel.
                                               (B) the Committee on Armed Services, the                (b) COVERED VESSELS.—For purposes of this            vanced Battle Management System to pro-
                                             Committee on Appropriations, the Com-                   section, a covered vessel is one of the fol-           vide multidomain command and control and
                                             mittee on Energy and Commerce, the Com-                 lowing:                                                battle management capabilities and a devel-
                                             mittee on Natural Resources, and the Com-                 (1) A large unmanned surface vessel                  opment schedule for such architecture.
                                             mittee on Foreign Affairs of the House of               (LUSV).                                                  (b) LIMITATION.—Of the funds authorized to
                                             Representatives.                                          (2) A medium unmanned surface vehicle                be appropriated by this Act for fiscal year
                                               (2)     The     term    ‘‘micro     nuclear           (MUSV).                                                2021 for operations and maintenance for the
                                             reactor’’means a nuclear reactor with a pro-              (3) A large displacement unmanned under-             Office of the Secretary of the Air Force, not
                                             duction capacity of less than 20 megawatts.             sea vehicle (LDUUV).                                   more than 25 percent may be obligated until
                                             SEC. 236. MODIFICATION TO TEST RESOURCE                   (4) An extra-large unmanned undersea ve-             the date that is 30 days after the date on
                                                        MANAGEMENT CENTER STRATEGIC                  hicle (XLUUV).                                         which the Secretary of the Air Force sub-
                                                        PLAN REPORTING CYCLE AND CON-                  (c)    REPORT     AND   CERTIFICATION     DE-        mits to the congressional defense commit-
                                                        TENTS.                                       SCRIBED.—A report and certification de-                tees the documentation required by sub-
                                                (a) QUADRENNIAL STRATEGIC PLAN.—Sec-                 scribed in this subsection regarding a con-            section (a) and the Vice Chairman of the
                                             tion 196 of title 10, United States Code, is            tract for a covered vessel is—                         Vice Chairman of the Joint Chiefs certifies
                                             amended—                                                  (1) a report—                                        the documentation.
                                                (1) in subsections (c)(1)(C) and (e)(2)(B), by         (A) submitted to the congressional defense             (c) ADVANCED BATTLE MANAGEMENT SYS-
                                             inserting ‘‘quadrennial’’ before ‘‘strategic            committees not later than 60 days after the            TEM.—In this section, the term ‘‘Advanced
                                             plan’’; and                                             date of the completion of an independent               Battle Management System’’ means the Ad-
                                                (2) in subsection (d)—                               technical risk assessment for such covered             vanced Battle Management System of Sys-
                                                (A) in the heading, by inserting ‘‘QUADREN-          vessel; and                                            tems capability of the Air Force, including
                                             NIAL’’ before ‘‘STRATEGIC PLAN’’; and                     (B) on the findings of the Under Secretary           each program, project, and activity that con-
                                                (B) by inserting ‘‘quadrennial’’ before              with respect to such assessment; and                   tributes to such capability.
                                             ‘‘strategic plan’’ each place it occurs.                  (2) a certification, submitted to the con-           SEC. 239. ARMED SERVICES VOCATIONAL APTI-
                                                (b) TIMING AND COVERAGE OF PLAN.—Sub-                gressional defense committees with the re-                         TUDE BATTERY TEST SPECIAL PUR-
                                                                                                     port described in paragraph (1), that certifies                    POSE ADJUNCT TO ADDRESS COM-
                                             section (d)(1) of such section, as amended by                                                                              PUTATIONAL THINKING.
                                             subsection (a)(2), is further amended—                  that—
                                                                                                       (A) the Under Secretary has determined, in             Not later than one year after the date of
                                                (1) in the first sentence, by striking ‘‘two
                                                                                                     conjunction with the Senior Technical Au-              the enactment of this Act, the Secretary of
                                             fiscal years’’ and inserting ‘‘four fiscal years,
                                                                                                     thority designated under section 8669b(a)(1)           Defense shall establish a special purpose test
                                             and within one year after release of the Na-
                                                                                                     of title 10, United States Code, for the class         adjunct to the Armed Services Vocational
                                             tional Defense Strategy,’’ ; and
                                                                                                     of naval vessels that includes the covered             Aptitude Battery test to address computa-
                                                (2) in the second sentence, by striking
                                                                                                     vessel, that the critical mission, hull, me-           tional thinking skills relevant to military
                                             ‘‘thirty fiscal years’’ and inserting ‘‘15 fiscal
                                                                                                     chanical, and electrical subsystems of the             applications, including problem decomposi-
                                             years’’.
                                                                                                     covered vessel—                                        tion, abstraction, pattern recognition, ana-
                                                (c) AMENDMENT TO CONTENTS OF PLAN.—                                                                         lytical ability, the identification of variables
                                             Subsection (d)(2) of such section, as amended             (i) have been demonstrated in vessel-rep-
                                                                                                     resentative form, fit, and function; and               involved in data representation, and the abil-
                                             by subsection (a)(2), is further amended—
                                                                                                       (ii) have achieved performance levels equal          ity to create algorithms and solution expres-
                                                (1) by striking subparagraph (B);
                                                                                                     to or greater than applicable Department of            sions.
                                                (2) by redesignating subparagraphs (C)
                                                                                                     Defense threshold requirements for such                         TITLE III—OPERATION AND
                                             through (G) as subparagraphs (B) through
                                                                                                     class of vessels; and                                                  MAINTENANCE
                                             (F), respectively; and
                                                                                                       (B) such contract is necessary to meet De-            Subtitle A—Authorization of Appropriations
                                                (3) in subparagraph (B), as redesignated by
                                                                                                     partment research, development, test, and
                                             paragraph (2), by striking ‘‘based on cur-                                                                     SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
                                                                                                     evaluation objectives for such covered vessel
                                             rent’’ and all that follows through the end                                                                      Funds are hereby authorized to be appro-
                                                                                                     that cannot otherwise be met through fur-
                                             and inserting ‘‘for test and evaluation of the                                                                 priated for fiscal year 2021 for the use of the
                                                                                                     ther land-based subsystem prototyping or
                                             Department of Defense major weapon sys-                 other demonstration approaches.                        Armed Forces and other activities and agen-
                                             tems based on current and emerging                        (d) CRITICAL MISSION, HULL, MECHANICAL,              cies of the Department of Defense for ex-
                                             threats.’’.                                             AND ELECTRICAL SUBSYSTEMS DEFINED.—In                  penses, not otherwise provided for, for oper-
                                                (d) ANNUAL UPDATE TO PLAN.—Subsection                this section, the term ‘‘critical mission, hull,       ation and maintenance, as specified in the
                                             (d) of such section is amended by adding at             mechanical, and electrical subsystems’’,               funding table in section 4301.
                                             the end the following new paragraph:                    with respect to a covered vessel, includes the             Subtitle B—Energy and Environment
                                                ‘‘(5)(A) In addition to the quadrennial stra-        following subsystems:                                  SEC. 311. MODIFICATIONS AND TECHNICAL COR-
                                             tegic plan completed under paragraph (1),                 (1) Command, control, communications,                            RECTIONS TO ENSURE RESTORA-
                                             the Director of the Department of Defense               computers, intelligence, surveillance, and re-                     TION   OF  CONTAMINATION    BY
                                             Test Resource Management Center shall also              connaissance.                                                      PERFLUOROOCTANE     SULFONATE
                                             complete an annual update to the quadren-                 (2) Autonomous vessel navigation, vessel                         AND PERFLUOROOCTANOIC ACID.
                                             nial strategic plan.                                    control, contact management, and contact                 (a) DEFINITION FOR PFOA AND PFOS.—Sec-




dlhill on DSK120RN23PROD with SENATE
                                                ‘‘(B) Each annual update completed under             avoidance.                                             tion 2700 of title 10, United States Code, is
                                             subparagraph (A) shall include the following:             (3) Communications security, including               amended by adding at the end the following
                                                ‘‘(i) A summary of changes to the assess-            cryptopgraphy, encryption, and decryption.             new paragraphs:
                                             ment provided in the most recent quadren-                 (4) Main engines, including the lube oil,              ‘‘(4) The term ‘perfluorooctane sulfonate’
                                             nial strategic plan.                                    fuel oil, and other supporting systems.                means perfluorooctane sulfonic acid or
                                                ‘‘(ii) Comments and recommendations the                (5) Electrical generation and distribution,          sulfonate (commonly referred to as ‘PFOS’)
                                             Director considers appropriate.                         including supporting systems.                          (Chemical Abstracts Service No. 1763-23-1)




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                                             S3760                                             CONGRESSIONAL RECORD — SENATE                                                            June 29, 2020
                                             and        the    salts      associated      with       remediation shall be conducted in a manner             Department of Defense to execute the phase-
                                             perfluorooctane sulfonic acid or sulfonate              consistent with section 2710 of this title.’’.         out by the Department of the use of
                                             (Chemical Abstracts Service Nos. 2795–39–3,               (3) TRANSFER OF DEFINITIONS.—                        fluorinated aqueous film-forming foam.
                                             29457–72–5, 56773–42–3, 29081–56–9, and 70225–14–         (A) TRANSFER.—Paragraphs (2) and (3) of                 (2) TECHNOLOGIES INCLUDED.—The tech-
                                             8).                                                     section 2710(e) of such title are—                     nologies surveyed or researched under para-
                                                ‘‘(5) The term ‘perfluorooctanoic acid’                (i) transferred to section 2700 of such title;       graph (1) shall include the following:
                                             means perfluorooctanoic acid (commonly re-                (ii) added at the end of such section; and              (A) Hangar flooring systems.
                                             ferred to as ‘PFOA’) (Chemical Abstracts                  (iii) redesignated as paragraphs (6) and (7),           (B) Liquid drainage flood assemblies.
                                             Service No. 335-67-1) and the salts associated          respectively.                                             (C) Fire-fighting agent delivery systems.
                                             with perfluorooctanoic acid (Chemical Ab-                 (B) REDESIGNATION OF DEFINITIONS.—Sec-                  (D) Containment systems.
                                             stracts Service Nos. 3825-26-1, 335-95-5, and           tion 2710(e) of such title is amended by redes-           (E) Such other relevant technologies as the
                                             68141-02-6).’’.                                         ignating paragraphs (4) through (7) as para-           Secretary determines appropriate.
                                                (b) MODIFICATION OF ENVIRONMENTAL RES-               graphs (2) through (5), respectively.                     (b) BRIEFING.—
                                             TORATION ACCOUNTS.—Section 2703 of such                   (4)     CONFORMING     AMENDMENTS.—Section              (1) IN GENERAL.—Not later than 180 days
                                             title is amended—                                       313(d) of the John Warner National Defense             after the date of the enactment of this Act,
                                                (1) in subsection (e)(2), by striking ‘‘envi-        Authorization Act for Fiscal Year 2007 (Pub-           the Secretary shall brief the congressional
                                             ronmental’’;                                            lic Law 109–364; 10 U.S.C. 2710 note) is amend-        defense committees on the results of the sur-
                                                (2) in subsection (f), by striking ‘‘to the          ed—                                                    vey and market research conducted under
                                             Environmental Restoration Account, De-                    (A) in paragraph (2)—                                subsection (a).
                                             fense, or to any environmental restoration                (i) by striking ‘‘ ‘discarded military muni-            (2) ELEMENTS OF BRIEFING.—The briefing
                                             account of a military department,’’ and in-             tions’, ‘munitions constituents’, and ‘defense         required under paragraph (1) shall include
                                             serting ‘‘or transferred to an account estab-           sites’ ’’ and inserting ‘‘ ‘discarded military         the following:
                                             lished under subsection (a)’’;                          munitions’ and ‘munitions constituents’ ’’;               (A) A description of the technologies sur-
                                                (3) by striking subsection (g) and inserting         and                                                    veyed and researched under subsection (a).
                                             the following:                                            (ii) by striking ‘‘section 2710(e)’’ and in-            (B) An identification of any such tech-
                                                ‘‘(g) SOLE SOURCE OF FUNDS FOR RESPONSES             serting ‘‘section 2700’’; and                          nologies that were considered for further
                                             UNDER THIS CHAPTER.—Except as provided in                 (B) by adding at the end the following new           testing or analysis.
                                             subsection (h), the sole source of funds for all        paragraph:                                                (C) An identification of any other tech-
                                             phases of a response under this chapter shall             ‘‘(3) The term ‘defense site’ has the mean-          nologies useful for the phase-out by the De-
                                             be the applicable environmental restoration             ing given such term in section 2710(e) of such         partment of the use of fluorinated aqueous
                                             account established under subsection (a).’’;            title.’’.                                              film-forming foam that are undergoing addi-
                                             and                                                       (f) TECHNICAL CORRECTION REGARDING CO-               tional analysis for possible application with-
                                                (4) in subsection (h)—                               OPERATIVE AGREEMENTS.—Section 332(a)(2) of             in the Department.
                                                (A) in the subsection heading, by striking           the National Defense Authorization Act for             SEC.   314.   MODIFICATION OF AUTHORITY TO
                                             ‘‘ENVIRONMENTAL REMEDIATION’’ and insert-               Fiscal Year 2020 (Public Law 116–92) is                               CARRY OUT MILITARY INSTALLA-
                                             ing ‘‘RESPONSES’’; and                                  amended, in the matter preceding subpara-                             TION RESILIENCE PROJECTS.
                                                (B) by striking ‘‘services procured under            graph (A), by striking ‘‘shall meet or exceed             (a) MODIFICATION OF AUTHORITY.—Section
                                             section 2701(d)(1) of this title’’ and inserting        the most stringent of the following’’ and in-          2815 of title 10, United States Code is amend-
                                             ‘‘a response’’.                                         serting ‘‘relating to a response shall reflect         ed—
                                                (c) MODIFICATION OF AUTHORITY FOR ENVI-              application to the response of the most pro-              (1) in subsection (a), by inserting ‘‘(except
                                             RONMENTAL RESTORATION PROJECTS OF NA-                   tective of the following’’.                            as provided in subsections (d)(3) and (e))’’ be-
                                             TIONAL GUARD.—                                          SEC. 312. READINESS AND ENVIRONMENTAL PRO-             fore the period at the end;
                                                (1) IN GENERAL.—Section 2707(e) of such                          TECTION INTEGRATION PROGRAM                   (2) in subsection (c), by striking ‘‘A
                                             title is amended—                                                   TECHNICAL EDITS AND CLARIFICA-
                                                                                                                                                            project’’ and inserting ‘‘Except as provided
                                                (A) by striking ‘‘Notwithstanding’’ and in-                      TION.
                                                                                                                                                            in subsection (e)(2), a project’’;
                                             serting ‘‘(1) Notwithstanding’’;                          (a) USE OF FUNDS.—Section 2684a(i) of title
                                                                                                                                                               (3) by redesignating subsection (d) as sub-
                                                (B) by inserting ‘‘where military activities         10, United States Code, is amended by adding
                                                                                                                                                            section (f); and
                                             are conducted by the National Guard of a                at the end the following new paragraph:
                                                                                                                                                               (4) by inserting after subsection (c) the fol-
                                             State under title 32’’ after ‘‘facility’’; and            ‘‘(3) Funds obligated to carry out an agree-
                                                                                                                                                            lowing new subsections:
                                                (C) by adding at the end the following new           ment under this section shall be available for
                                                                                                                                                               ‘‘(d) LOCATION OF PROJECTS.—Projects car-
                                             paragraph:                                              use with regard to any property in the geo-
                                                ‘‘(2) The Secretary concerned may use the                                                                   ried out pursuant to this section may be car-
                                                                                                     graphic scope specified in the agreement—
                                             authority under section 2701(d) of this title                                                                  ried out—
                                                                                                       ‘‘(A) at the time the funds are obligated;
                                             to carry out environmental restoration                                                                            ‘‘(1) on a military installation;
                                                                                                     and
                                             projects under paragraph (1).’’.                                                                                  ‘‘(2) on a facility used by the Department
                                                                                                       ‘‘(B) in any subsequent modification to the
                                                (2) CORRECTION OF DEFINITION OF FACIL-                                                                      of Defense that is owned and operated by a
                                                                                                     agreement.’’.
                                             ITY.—Paragraph (2) of section 2700 of such                (b) CLARIFICATION OF REFERENCES TO ELIGI-            State, the District of Columbia, the Com-
                                             title is amended—                                       BLE ENTITIES.—
                                                                                                                                                            monwealth of Puerto Rico, American Samoa,
                                                (A) in subparagraph (A), by striking ‘‘(A)             (1) DEFINITION.—Subsection (b) of section            Guam, the Commonwealth of the Northern
                                             The terms’’ and inserting ‘‘The terms’’; and            2684a of title 10, United States Code, is              Mariana Islands, or the Virgin Islands, even
                                                (B) by striking subparagraph (B).                    amended, in the matter preceding paragraph             if the facility is not under the jurisdiction of
                                                (d) EXTENSION OF CONTRACT AUTHORITY.—                (1), by striking ‘‘An agreement under this             the Department of Defense, if the Secretary
                                             Section 2708(b) of such title is amended—               section may be entered into with’’ and in-             of Defense determines that the facility is
                                                (1) in paragraph (1), by striking ‘‘fiscal           serting ‘‘For purposes of this section, an eli-        subject to significant use by the armed
                                             years 1992 through 1996’’ and inserting ‘‘a pe-         gible entity is’’.                                     forces for testing or training; or
                                             riod specified in paragraph (3)’’; and                    (2) ACQUISITION OF PROPERTY AND INTER-                  ‘‘(3) outside of a military installation or fa-
                                                (2) by adding at the end the following new           ESTS.—Subsection (d)(1) of such section is
                                                                                                                                                            cility described in paragraph (2) if the Sec-
                                             paragraph:                                              amended by striking ‘‘the entity or entities’’         retary concerned determines that the project
                                                ‘‘(3) A period specified in this paragraph           each place it appears and inserting ‘‘an eligi-        would preserve or enhance the resilience of—
                                             is—                                                     ble entity or entities’’.                                 ‘‘(A) a military installation;
                                                ‘‘(A) the period of fiscal years 1992 through          (3) RETROACTIVE APPLICATION.—The amend-                 ‘‘(B) a facility described in paragraph (2);
                                             1996; or                                                ments made by paragraphs (1) and (2) shall             or
                                                ‘‘(B) on or after the date of the enactment          apply to any agreement entered into under                 ‘‘(C) community infrastructure determined
                                             of the National Defense Authorization Act               section 2684a of title 10, United States Code,         by the Secretary concerned to be necessary
                                             for Fiscal Year 2021.’’.                                on or after December 2, 2002.                          to maintain, improve, or rapidly reestablish
                                                (e) TECHNICAL CONSISTENCY FOR MUNITIONS                                                                     installation mission assurance and mission-
                                                                                                     SEC. 313. SURVEY AND MARKET RESEARCH OF
                                             RESPONSE.—                                                          TECHNOLOGIES FOR PHASE OUT BY              essential functions.
                                                (1) PROGRAM GOALS.—Section 2701(b)(2) of                         DEPARTMENT OF DEFENSE OF USE                  ‘‘(e) ALTERNATIVE FUNDING SOURCE.—(1) In
                                             such title is amended by striking ‘‘of                              OF FLUORINATED AQUEOUS FILM-               carrying out a project under this section, the
                                             unexploded ordnance’’ and inserting ‘‘of                            FORMING FOAM.                              Secretary concerned may use amounts avail-
                                             unexploded ordnance, discarded military mu-               (a) SURVEY OF TECHNOLOGIES AND MARKET                able for operation and maintenance for the




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                                             nitions, and munitions constituents in a                RESEARCH.—                                             military department concerned if the Sec-
                                             manner consistent with section 2710 of this               (1) IN GENERAL.—The Secretary of Defense             retary concerned submits a notification to
                                             title’’.                                                shall conduct a survey and market research             the congressional defense committees of the
                                                (2)    ENVIRONMENTAL       RESTORATION      AC-      of relevant technologies, other than fire-             decision to carry out the project using such
                                             COUNTS.—Section 2703(b) of such title is                fighting agent solutions, to determine                 amounts and includes in the notification—
                                             amended by striking the second sentence and             whether any such technologies are available               ‘‘(A) the current estimate of the cost of the
                                             inserting the following new sentence: ‘‘Such            and can be adapted quickly for use by the              project;




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                                             June 29, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S3761
                                               ‘‘(B) the source of funds for the project;            propriate to mitigate the adverse environ-             critical missions of each installation have a
                                             and                                                     mental effects of past actions by the Depart-          minimum level of availability of 99.9 percent
                                               ‘‘(C) a certification that deferral of the            ment.                                                  per fiscal year.
                                             project for inclusion in the next Military                 ‘‘(4) Demolition and removal of unsafe                ‘‘(2) The Secretary of Defense shall issue
                                             Construction Authorization Act would be in-             buildings and structures used by, under the            standards establishing levels of availability
                                             consistent with national security or the pro-           jurisdiction of, or formerly used by or under          relative to specific critical missions, with
                                             tection of health, safety, or environmental             the jurisdiction of the Department.                    such standards providing a range of not less
                                             quality, as the case may be.                               ‘‘(5) Training, technical assistance, and ad-       than 99.9 percent availability per fiscal year
                                               ‘‘(2) A project carried out under this sec-           ministrative support to facilitate the mean-           and not more than 99.9999 percent avail-
                                             tion using amounts under paragraph (1) may              ingful participation of Indian tribes in miti-         ability per fiscal year, depending on the
                                             be carried out only after the end of the 7-day          gation actions under the program.                      criticality of the mission.
                                             period beginning on the date on which a copy               ‘‘(6) Development and execution of a policy           ‘‘(3) The Secretary may establish interim
                                             of the notification described in paragraph (1)                                                                 goals to take effect prior to fiscal year 2025
                                                                                                     governing consultation with Indian tribes
                                             is provided in an electronic medium pursu-                                                                     to ensure the requirements under this sub-
                                                                                                     that have been or may be affected by action
                                                                                                                                                            section are met.
                                             ant to section 480 of this title.                       by the Department, including training per-               ‘‘(4) The Secretary of each military depart-
                                               ‘‘(3) The maximum aggregate amount that               sonnel of the Department to ensure compli-             ment and the head of each Defense Agency
                                             the Secretary concerned may obligate from               ance with the policy.                                  shall ensure that their organizations meet
                                             amounts available to the military depart-                  ‘‘(c) COOPERATIVE AGREEMENTS.—(1) In car-           the requirements of this subsection.
                                             ment concerned for operation and mainte-                rying out the program established under sub-             ‘‘(b) PLANNING.—(1) The Secretary of De-
                                             nance in any fiscal year for projects under             section (a), the Secretary of Defense may              fense shall require the Secretary of each
                                             the     authority    of     this  subsection   is       enter into a cooperative agreement with an             military department and the head of each
                                             $100,000,000.’’.                                        Indian tribe or an instrumentality of tribal           Defense Agency to plan for the provision of
                                               (b) CONSIDERATION OF MILITARY INSTALLA-               government.                                            energy resilience and energy security for in-
                                             TION RESILIENCE IN AGREEMENTS AND INTER-                   ‘‘(2) Notwithstanding chapter 63 of title 31,       stallations.
                                             AGENCY COOPERATION.—Section 2684a of such               a cooperative agreement under this section               ‘‘(2) Planning under paragraph (1) shall—
                                             title is amended—                                       may be used to acquire property or services              ‘‘(A) promote the use of multiple and di-
                                               (1) in subsection (a)—                                for the direct benefit of the United States            verse sources of energy, with an emphasis fa-
                                               (A) in paragraph (2)(B)—                              Government.                                            voring energy resources originating on the
                                               (i) by striking clause (ii); and                         ‘‘(3) A cooperative agreement under this            installation such as modular generation;
                                               (ii) in clause (i)—                                   section for the procurement of severable                 ‘‘(B) promote installing microgrids to en-
                                               (I) by striking ‘‘(i)’’; and                          services may begin in one fiscal year and end          sure the energy security and energy resil-
                                               (II) by striking ‘‘; or’’ and inserting a semi-       in another fiscal year only if the total period        ience of critical missions; and
                                             colon;                                                  of performance does not exceed two calendar              ‘‘(C) favor the use of full-time, installed
                                               (B) by redesignating paragraph (3) as para-           years.                                                 energy sources rather than emergency gen-
                                             graph (4); and                                             ‘‘(d) DEFINITIONS.—In this section:                 eration.
                                               (C) by inserting after paragraph (2) the fol-            ‘‘(1) The term ‘Indian land’ includes—                ‘‘(c) DEVELOPMENT OF INFORMATION.—The
                                             lowing new paragraph (3):                                  ‘‘(A) any land located within the bound-            planning required by subsection (b) shall
                                               ‘‘(3) maintaining or improving military in-           aries and a part of an Indian reservation,             identify each of the following for each instal-
                                             stallation resilience; or’’; and                        pueblo, or rancheria;                                  lation:
                                               (2) by amending subsection (h) to read as                ‘‘(B) any land that has been allotted to an           ‘‘(1) The critical missions of the installa-
                                             follows:                                                individual Indian but has not been conveyed            tion.
                                               ‘‘(h) INTERAGENCY COOPERATION IN CON-                 to such Indian with full power of alienation;            ‘‘(2) The energy requirements of those crit-
                                             SERVATION AND RESILIENCE PROGRAMS TO                       ‘‘(C) Alaska Native village and regional            ical missions.
                                             AVOID OR REDUCE ADVERSE IMPACTS ON MILI-                corporation lands; and                                   ‘‘(3) The duration that those energy re-
                                             TARY INSTALLATION RESILIENCE AND MILITARY                  ‘‘(D) lands and waters upon which any Fed-          quirements are likely to be needed in the
                                             READINESS ACTIVITIES.—In order to facilitate            erally recognized Indian tribe has rights re-          event of a disruption or emergency.
                                             interagency cooperation and enhance the ef-             served by treaty, act of Congress, or action             ‘‘(4) The current source of energy provided
                                             fectiveness of actions that will protect the            by the President.                                      to those critical missions.
                                             environment, military installation resil-                  ‘‘(2) The term ‘Indian Tribe’ means any In-           ‘‘(5) The duration that the currently pro-
                                             ience, and military readiness, the recipient            dian Tribe, band, nation, or other organized           vided energy would likely be available in the
                                             of funds provided pursuant to an agreement              group or community, including any Native               event of a disruption or emergency.
                                             under this section or under the Sikes Act (16           village, Regional Corporation, or Village                ‘‘(6) Any currently available sources of en-
                                             U.S.C. 670 et seq.) may, with regard to the             Corporation (as defined in section 3 of the            ergy that would provide uninterrupted en-
                                             lands and waters within the scope of the                Alaska Native Claims Settlement Act (43                ergy to critical missions in the event of a
                                             agreement, use such funds to satisfy any                U.S.C. 1602)), that is recognized as eligible          disruption or emergency.
                                             matching funds or cost-sharing requirement              for the special programs and services pro-               ‘‘(7) Alternative sources of energy that
                                             of any conservation or resilience program of            vided by the United States to Indians be-              could be developed to provide uninterrupted
                                             any Federal agency notwithstanding any                  cause of their status as Indians.                      energy to critical missions in the event of a
                                             limitation of such program on the source of                ‘‘(3) The term ‘culturally connected loca-          disruption or emergency.
                                             matching or cost-sharing funds.’’.                      tion’ means a location or place that has de-             ‘‘(d) TESTING AND MEASURING.—(1)(A) The
                                             SEC. 315. NATIVE AMERICAN INDIAN LANDS ENVI-            monstrable significance to Indians or Alaska           Secretary of Defense shall require the Sec-
                                                         RONMENTAL MITIGATION PROGRAM.               Natives based on its association with the              retary of each military department and head
                                               (a) IN GENERAL.—Chapter 160 of title 10,              traditional beliefs, customs, and practices of         of each Defense Agency to conduct moni-
                                             United States Code, is amended by adding at             a living community, including locations or             toring, measuring, and testing to provide the
                                             the end the following new section:                      places where religious, ceremonial, subsist-           data necessary to comply with this section.
                                             ‘‘§ 2712. Native American lands environmental           ence, medicinal, economic, or other lifeways             ‘‘(B) Any data provided under subpara-
                                                mitigation program                                   practices have historically taken place.’’.            graph (A) shall be made available to the As-
                                                                                                        (b) CLERICAL AMENDMENT.—The table of                sistant Secretary of Defense for Sustainment
                                                ‘‘(a) ESTABLISHMENT.—The Secretary of De-                                                                   upon request.
                                                                                                     sections at the beginning of chapter 160 of
                                             fense may establish and carry out a program                                                                      ‘‘(2)(A) The Secretary of Defense shall re-
                                                                                                     such title is amended by inserting after the
                                             to mitigate the environmental effects of ac-                                                                   quire that black start exercises be conducted
                                                                                                     item relating to section 2711 the following
                                             tions by the Department of Defense on In-                                                                      to assess the energy resilience and energy se-
                                                                                                     new item:
                                             dian lands and culturally connected loca-                                                                      curity of installations for periods established
                                             tions.                                                  ‘‘2712. Native American lands environmental
                                                                                                                     mitigation program.’’.                 to evaluate the ability of the installation to
                                                ‘‘(b) PROGRAM ACTIVITIES.—The activities                                                                    perform critical missions without access to
                                             that may be carried out under the program               SEC. 316. ENERGY RESILIENCE AND ENERGY SE-
                                                                                                                 CURITY MEASURES ON MILITARY IN-
                                                                                                                                                            off-installation energy resources.
                                             established under subsection (a) are the fol-                                                                    ‘‘(B) A black start exercise conducted
                                                                                                                 STALLATIONS.
                                             lowing:                                                                                                        under subparagraph (A) may exclude, if tech-
                                                ‘‘(1) Identification, investigation, and doc-          (a) IN GENERAL.—Subchapter I of chapter
                                                                                                                                                            nically     feasible,  housing    areas,   com-
                                             umentation of suspected environmental ef-               173 of title 10, United States Code, is amend-
                                                                                                                                                            missaries, exchanges, and morale, welfare,
                                             fects attributable to past actions by the De-           ed by inserting after section 2919 the fol-
                                                                                                                                                            and recreation facilities.
                                                                                                     lowing new section:




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                                             partment of Defense.                                                                                             ‘‘(C) The Secretary of Defense shall—
                                                ‘‘(2) Development of mitigation options for          ‘‘§ 2920. Energy resilience and energy security          ‘‘(i) provide uniform policy for the military
                                             such environmental effects, including devel-               measures on military installations                  departments and the Defense Agencies with
                                             opment of cost-to-complete estimates and a                 ‘‘(a) ENERGY RESILIENCE MEASURES.—(1)               respect to conducting black start exercises;
                                             system for prioritizing mitigation actions.             The Secretary of Defense shall, by the end of          and
                                                ‘‘(3) Direct mitigation actions that the             fiscal year 2030, provide that 100 percent of            ‘‘(ii) establish a schedule of black start ex-
                                             Secretary determines are necessary and ap-              the energy load required to maintain the               ercises for the military departments and the




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                                             S3762                                             CONGRESSIONAL RECORD — SENATE                                                          June 29, 2020
                                             Defense Agencies, with each military depart-            vessels, munitions production and storage fa-            (A) use existing test-bed infrastructure
                                             ment and Defense Agency scheduled to con-               cilities, missile fields, radars, satellite con-       at—
                                             duct such an exercise on a number of instal-            trol facilities, cyber operations facilities,            (i) installations of the Department of De-
                                             lations each year sufficient to allow that              space launch facilities, operational commu-            fense; and
                                             military department or Defense Agency to                nications facilities, and biological defense fa-         (ii) facilities of the Department of Energy;
                                             meet the goals of this section, but in any              cilities; and                                          and
                                             event not fewer than five installations each               ‘‘(C) does not include military housing (in-          (B) develop new infrastructure for identi-
                                             year for each military department through               cluding privatized military housing), morale,          fied projects, if appropriate.
                                             fiscal year 2027.                                       welfare, and recreation facilities, exchanges,           (4) GOALS AND METRICS.—The Director and
                                               ‘‘(D)(i) Except as provided in clause (ii),           commissaries, or privately owned facilities.           the Director of ARPA–E shall develop goals
                                             the Secretary of each military department                  ‘‘(4) The term ‘energy’ means electricity,          and metrics for technological progress under
                                             shall, notwithstanding any other provision              natural gas, steam, chilled water, and heated          the Joint Program consistent with energy
                                             of law, conduct black start exercises in ac-            water.                                                 resilience and energy security policies.
                                             cordance with the schedule provided for in                 ‘‘(5) The term ‘installation’ has the mean-           (5) SELECTION OF PROJECTS.—
                                             subparagraph (C)(ii), with any such exercise            ing given the term ‘military installation’ in            (A) IN GENERAL.—To the maximum extent
                                             not to last longer than five days.                      section 2801(c)(4) of this title.’’.                   practicable, in selecting projects to partici-
                                               ‘‘(ii) The Secretary of a military depart-               (b) CLERICAL AMENDMENT.—The table of                pate in the Joint Program, the Director and
                                             ment may conduct more black start exer-                 sections at the beginning of subchapter I of           the Director of ARPA–E shall—
                                             cises than those identified in the schedule             chapter 173 of such title is amended by in-              (i) ensure that projects are carried out
                                             provided for in subparagraph (C)(ii).                   serting after the item relating to section 2919        under conditions that represent a variety of
                                               ‘‘(e) CONTRACT REQUIREMENTS.—For con-                 the following new item:                                environments with different physical condi-
                                             tracts for energy and utility services, the             ‘‘2920. Energy resilience and energy security          tions and market constraints; and
                                             Secretary of Defense shall—                                            measures on military installa-            (ii) ensure an appropriate balance of—
                                               ‘‘(1) specify methods and processes to                               tions.’’.                                 (I) larger, higher-cost projects; and
                                             measure, manage, and verify compliance
                                                                                                     SEC. 317. MODIFICATION TO AVAILABILITY OF                (II) smaller, lower-cost projects.
                                             with subsection (a); and                                           ENERGY COST SAVINGS FOR DE-                   (B) PRIORITY.—In carrying out the Joint
                                               ‘‘(2) ensure that such contracts include re-                     PARTMENT OF DEFENSE.                        Program, the Director and the Director of
                                             quirements appropriate to ensure energy re-               Section 2912(a) of title 10, United States           ARPA–E shall give priority to demonstra-
                                             silience and energy security, including re-             Code, is amended by inserting ‘‘and, in the            tion projects that—
                                             quirements for metering to measure, man-                case of operational energy, from both train-             (i) make available to the public project in-
                                             age, and verify energy consumption, avail-              ing and operational missions,’’ after ‘‘under          formation that will accelerate deployment of
                                             ability, and reliability consistent with this           section 2913 of this title,’’.                         long-duration energy storage technologies
                                             section and the energy resilience metrics               SEC. 318. LONG-DURATION DEMONSTRATION INI-             that promote energy resiliency; and
                                             and standards under section 2911(b) of this                         TIATIVE AND JOINT PROGRAM.                   (ii) will be carried out in the field.
                                             title.                                                    (a) DEFINITIONS.—In this section:
                                               ‘‘(f) EXCEPTION.—This section does not                                                                       SEC. 319. PILOT PROGRAM ON ALTERNATIVE
                                                                                                       (1) DIRECTOR.—The term ‘‘Director’’ means                       FUEL VEHICLE PURCHASING.
                                             apply to fuels used in aircraft, vessels, or            the Director of the Environmental Security
                                             motor vehicles.                                                                                                  (a) IN GENERAL.—The Secretary of Defense,
                                                                                                     Technology Certification Program of the De-
                                               ‘‘(g) REPORT.—If by the end of fiscal year                                                                   in coordination with the Secretary of Energy
                                                                                                     partment of Defense.
                                             2029, the Secretary determines that the De-                                                                    and the Administrator of the General Serv-
                                                                                                       (2) DIRECTOR OF ARPA–E.—The term ‘‘Direc-
                                             partment will be unable to meet the require-                                                                   ices Administration, shall carry out a pilot
                                                                                                     tor of ARPA–E’’ means the Director of the
                                             ments under subsection (a), not later than 90                                                                  program under which the Secretary of De-
                                                                                                     Advanced Research Projects Agency—En-
                                             days after the end of such fiscal year, the                                                                    fense may, notwithstanding section 400AA of
                                                                                                     ergy.
                                             Secretary shall submit to the Committees on                                                                    the Energy Policy and Conservation Act (42
                                                                                                       (3) INITIATIVE.—The term ‘‘Initiative’’
                                             Armed Services of the Senate and House of                                                                      U.S.C. 6374), purchase new alternative fuel
                                                                                                     means the demonstration initiative estab-
                                             Representatives a report detailing—                                                                            vehicles for which the initial cost of such ve-
                                                                                                     lished under subsection (b).
                                               ‘‘(1) the projected shortfall;                                                                               hicles exceeds the initial cost of a com-
                                                                                                       (4) JOINT PROGRAM.—The term ‘‘Joint Pro-
                                               ‘‘(2) reasons for the projected shortfall;                                                                   parable gasoline or diesel fueled vehicle by
                                                                                                     gram’’ means the joint program established
                                               ‘‘(3) any statutory, technological, or mone-                                                                 not more than 10 percent.
                                                                                                     under subsection (d).
                                             tary impediments to achieving such require-               (b) ESTABLISHMENT OF INITIATIVE.—Not                   (b) LOCATIONS.—
                                             ments;                                                  later than 180 days after the date of enact-             (1) IN GENERAL.—The Secretary of Defense
                                               ‘‘(4) any impact to readiness or ability to           ment of this Act, the Director shall establish         shall carry out the pilot program under sub-
                                             meet the national defense posture; and                  a demonstration initiative composed of dem-            section (a) at not fewer than 2 facilities or
                                               ‘‘(5) any other relevant information as the           onstration projects focused on the develop-            installations of the Department of Defense in
                                             Secretary considers appropriate.                        ment of long-duration energy storage tech-             the continental United States that—
                                               ‘‘(h) DEFINITIONS.—In this section:                   nologies.                                                (A) have the largest total number of at-
                                               ‘‘(1) The term ‘availability’ means the                 (c) SELECTION OF PROJECTS.—To the max-               tached noncombat vehicles as compared to
                                             availability of required energy at a stated in-         imum extent practicable, in selecting dem-             other facilities or installations of the De-
                                             stant of time or over a stated period of time           onstration projects to participate in the Ini-         partment of Defense; and
                                             for a specific purpose.                                 tiative, the Director shall—                             (B) are located within 20 miles of public or
                                               ‘‘(2) The term ‘black start exercise’ means             (1) ensure a range of technology types;              private refueling or recharging stations.
                                             an exercise in which delivery of energy pro-              (2) ensure regional diversity among                    (2) AIR FORCE LOGISTICS CENTER.—One of
                                             vided from off an installation is terminated            projects; and                                          the facilities or installations selected under
                                             before backup generation assets on the in-                (3) consider bulk power level, distribution          paragraph (1) shall be an Air Force Logistics
                                             stallation are turned on. Such an exercise              power level, behind-the-meter, microgrid               Center.
                                             shall—                                                  (grid-connected or islanded mode), and off-              (c) ALTERNATIVE FUEL VEHICLE DEFINED.—
                                               ‘‘(A) determine the ability of the backup             grid applications.                                     In this section, the term ‘‘alternative fuel
                                             systems to start independently, transfer the              (d) JOINT PROGRAM.—                                  vehicle’’ includes a vehicle that uses—
                                             load, and carry the load until energy from                (1) ESTABLISHMENT.—As part of the Initia-              (1) fuels derived from renewable biomass,
                                             off the installation is restored;                       tive, the Director, in consultation with the           as defined in section 211(o)(1)(I) of the Clean
                                               ‘‘(B) align organizations with critical mis-          Director of ARPA–E, shall establish within             Air Act (42 U.S.C. 7545(o)(1)(I));
                                             sions to coordinate in meeting critical mis-            the Department of Defense a joint program                (2) natural gas (including compressed and
                                             sion requirements;                                      to carry out projects—                                 liquefied natural gas); or
                                               ‘‘(C) validate mission operation plans, such            (A) to demonstrate promising long-dura-                (3) propane.
                                             as continuity of operations plans;                      tion energy storage technologies at different              Subtitle C—Logistics and Sustainment
                                               ‘‘(D) identify infrastructure interdepend-            scales to promote energy resiliency; and
                                                                                                                                                            SEC. 331. REPEAL OF STATUTORY REQUIREMENT
                                             encies; and                                               (B) to help new, innovative long-duration                        FOR NOTIFICATION TO DIRECTOR
                                               ‘‘(E) verify backup electric power system             energy storage technologies become com-                            OF DEFENSE LOGISTICS AGENCY
                                             performance.                                            mercially viable.                                                  THREE YEARS PRIOR TO IMPLE-
                                               ‘‘(3) The term ‘critical mission’—                      (2) MEMORANDUM OF UNDERSTANDING.—Not                             MENTING CHANGES TO ANY UNI-
                                               ‘‘(A) means those aspects of the missions of          later than 200 days after the date of enact-                       FORM OR UNIFORM COMPONENT.




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                                             an installation, including mission essential            ment of this Act, the Director shall enter               Section 356 of the John S. McCain National
                                             operations, that are critical to successful             into a memorandum of understanding with                Defense Authorization Act for Fiscal Year
                                             performance of the strategic national de-               the Director of ARPA–E to administer the               2019 (Public Law 115–232; 10 U.S.C. 771 note
                                             fense mission;                                          Joint Program.                                         prec.) is amended—
                                               ‘‘(B) may include operational headquarters              (3) INFRASTRUCTURE.—In carrying out the                (1) by striking subsection (a);
                                             facilities, airfields and supporting infra-             Joint Program, the Director and the Direc-               (2) by redesignating subsections (b) and (c)
                                             structure, harbor facilities supporting naval           tor of ARPA–E shall—                                   as subsections (a) and (b), respectively; and




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                                             June 29, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S3763
                                               (3) in subsections (a) and (b), as so redesig-          (i) the physical features of the installation,         (1) An estimate of the cost to the Depart-
                                             nated, by striking ‘‘Commander’’ each place             including gates, buildings, armories, head-            ment of fully implementing the require-
                                             it appears and inserting ‘‘Director’’.                  quarters, command and control centers, and             ments under section 246(a) of the Energy
                                             SEC. 332. CLARIFICATION OF LIMITATION ON                medical facilities; and                                Independence and Security Act of 2007; and
                                                        LENGTH OF OVERSEAS FORWARD                     (ii) the emergency response personnel and              (2) An assessment of any problems or
                                                        DEPLOYMENT OF CURRENTLY DE-                  procedures of the installation.                        issues the Department is having in com-
                                                        PLOYED NAVAL VESSELS.                                                                               plying with the requirements under such sec-
                                                                                                       (3) SUBMITTAL OF PLANS.—
                                                Section 323(b) of the John S. McCain Na-               (A) SUBMITTAL TO SECRETARY.—Not later                tion.
                                             tional Defense Authorization Act for Fiscal             than 90 days after the date of the enactment             (c) EXCEPTION.—The report required by
                                             Year 2019 (Public Law 115–232; 132 Stat. 1720;          of this Act, the commander of each military            subsection (a) shall not apply to a fueling
                                             10 U.S.C. 8690 note) is amended by striking                                                                    center of the Department with a fuel turn-
                                                                                                     installation required to develop a plan under
                                             ‘‘In the case of any naval vessel’’ and insert-                                                                over rate of less than 100,000 gallons of fuel
                                                                                                     paragraph (1) shall submit such plan to the
                                             ing ‘‘In the case of any aircraft carrier, am-                                                                 per year.
                                                                                                     Secretary of Defense.
                                             phibious ship, cruiser, destroyer, frigate, or                                                                 SEC. 354. REPORT ON EFFECTS OF EXTREME
                                                                                                       (B) SUBMITTAL TO CONGRESS.—Not later
                                             littoral combat ship’’.                                                                                                   WEATHER ON DEPARTMENT OF DE-
                                                                                                     than 180 days after the date of the enactment
                                                           Subtitle D—Reports                                                                                          FENSE.
                                                                                                     of this Act, the Secretary shall submit to the
                                             SEC. 351. REPORT ON IMPACT OF PERMAFROST                                                                         (a) IN GENERAL.—Not later than 180 days
                                                                                                     Committees on Armed Services of the Senate
                                                         THAW ON INFRASTRUCTURE, FACILI-                                                                    after the date of the enactment of this Act,
                                                                                                     and the House of Representatives a summary
                                                         TIES, AND OPERATIONS OF THE DE-                                                                    the Secretary of Defense shall submit to the
                                                         PARTMENT OF DEFENSE.                        of the plans submitted to the Secretary                congressional defense committees a report
                                               (a) REPORT REQUIRED.—Not later than 180               under subparagraph (A).                                on vulnerabilities to military installations
                                                                                                       (b) REPORTS ON TRAINING CONDUCTED.—
                                             days after the date of the enactment of this                                                                   and combatant commander requirements re-
                                             Act, the Secretary of Defense shall submit to             (1) LIST OF INSTALLATIONS.—Not later than
                                                                                                                                                            sulting from extreme weather that builds
                                             the congressional defense committees a com-             March 1, 2021, the Secretary shall submit to
                                                                                                                                                            upon the report submitted under section
                                             prehensive report on the impact of perma-               the Committees on Armed Services of the                335(c) of the National Defense Authorization
                                             frost thaw on the infrastructure, facilities,           Senate and the House of Representatives a              Act for Fiscal Year 2018 (Public Law 115–91;
                                             assets, and operations of the Department of             list of all military installations under the ju-       131 Stat. 1358).
                                             Defense.                                                risdiction of the Secretary that conduct live            (b) ELEMENTS.—The report required by sub-
                                               (b) ELEMENTS.—The report required by sub-             emergency response training on an annual               section (a) shall include the following:
                                             section (a) shall include the following:                basis or more frequently with the civilian               (1) An explanation of the underlying meth-
                                               (1) An identification of the infrastructure,          law enforcement and emergency response                 odology that the Department uses to assess
                                             facilities, and assets of the Department of             agencies responsible for responding to an              the effects of extreme weather in the report,
                                             Defense that could be impacted by perma-                emergency at the installation.                         including through the use of a climate vul-
                                             frost thaw.                                               (2) ANNUAL REPORTS.—                                 nerability and risk assessment tool as di-
                                               (2) For each element of infrastructure and              (A) IN GENERAL.—Not later than one year              rected under section 326 of the National De-
                                             each facility and asset identified pursuant to          after the date of the enactment of this Act,           fense Authorization Act for Fiscal Year 2020
                                             paragraph (1)—                                          and annually thereafter, the commander of              (Public Law 116–92).
                                               (A) an assessment of the threat posed by              each military installation under the jurisdic-           (2) An assessment of how extreme weather
                                             permafrost thaw; and                                    tion of the Secretary shall submit to the              affects low-lying military installations, mili-
                                               (B) an estimate of potential damage in the            Secretary a report on each live emergency              tary installations of the Navy and the Ma-
                                             event of likely permafrost thaw.                        response training conducted during the year            rine Corps, and military installations out-
                                               (3) A description of the threats and im-              covered by the report with the civilian law            side the United States.
                                             pacts posed by permafrost thaw to military              enforcement and emergency response agen-                 (3) An assessment of how extreme weather
                                             and other national security operations.                 cies responsible for responding to an emer-            affects access of members of the Armed
                                               (c) CONSULTATION.—In preparing the report             gency at the installation.                             Forces to training ranges.
                                             under subsection (a), the Secretary may con-              (B) ELEMENTS.—Each report submitted                    (4) With respect to a military installation
                                             sult with other Federal agencies, agencies of           under subparagraph (A) shall include, with             in a country outside the United States, an
                                             State and local governments, and academic               respect to each training exercise, the fol-            assessment of the collaboration between the
                                             institutions with expertise or experience in            lowing:                                                Department of Defense and the military or
                                             the effects of permafrost thaw on infrastruc-             (i) The date and duration of the exercise.           civilian agencies of the government of that
                                             ture, facilities, and operations.                         (ii) A detailed description of the exercise.         country or nongovernmental organizations
                                               (d) ASSET DEFINED.—In this section, the                 (iii) An identification of all military and          operating in that country to adapt to risks
                                             term ‘‘asset’’ means the following:                     civilian personnel who participated in the             from extreme weather.
                                               (1) Any aircraft, weapon system, vehicle,             exercise.                                                (5) An assessment of how extreme weather
                                             equipment, or gear of the Department of De-               (iv) Any recommendations resulting from              affects housing safety and food security on
                                             fense or the Armed Forces.                              the exercise.                                          military installations.
                                               (2) Any other item of the Department or                 (v) The actions taken, if any, to implement            (6) An assessment of the strategic benefits
                                             the Armed Forces that the Secretary con-                such recommendations.                                  derived from isolating infrastructure of the
                                             siders appropriate for purposes of this sec-              (C) INCLUSION IN ANNUAL BUDGET SUBMIS-               Department of Defense in the United States
                                             tion.                                                   SION.—                                                 from the national electric grid and the use of
                                             SEC. 352. PLANS AND REPORTS ON EMERGENCY                                                                       energy-efficient, distributed, and smart
                                                                                                       (i) IN GENERAL.—The Secretary shall in-
                                                         RESPONSE TRAINING FOR MILITARY                                                                     power grids by the Armed Forces in the
                                                         INSTALLATIONS.                              clude in the budget submitted to Congress by
                                                                                                     the President pursuant to section 1105(a) of           United States and overseas to ensure afford-
                                               (a) PLANS.—
                                                                                                     title 31, United States Code, a summary of             able access to electricity.
                                               (1) IN GENERAL.—Not later than 90 days
                                                                                                     any report submitted to the Secretary under              (7) A list of ten military installation resil-
                                             after the date of the enactment of this Act,
                                                                                                     subparagraph (A) during the one-year period            ience projects conducted within each mili-
                                             the Secretary of Defense shall ensure that
                                                                                                     preceding the submittal of the budget.                 tary department.
                                             each military installation under the jurisdic-
                                                                                                       (ii) CLASSIFIED FORM.—The summary sub-                 (8) An overview of mitigations, in addition
                                             tion of the Secretary that does not conduct
                                                                                                     mitted under clause (i) may be submitted in            to current efforts undertaken by the Depart-
                                             live emergency response training on an an-
                                                                                                     classified form.                                       ment, that may be necessary to ensure the
                                             nual basis or more frequently with the civil-
                                                                                                       (D) SUNSET.—The requirement to submit                continued operational viability and to in-
                                             ian law enforcement and emergency response
                                                                                                     annual reports under subparagraph (A) shall            crease the resilience of military installa-
                                             agencies responsible for responding to an
                                                                                                     terminate upon the submittal of the budget             tions, and the estimated costs of those miti-
                                             emergency at the installation develops a
                                                                                                     described in subparagraph (C)(i) for fiscal            gations.
                                             plan to conduct such training.                                                                                   (c) CONSULTATION.—In developing the re-
                                               (2) ELEMENTS.—Each plan developed under               year 2024.
                                                                                                     SEC. 353. REPORT ON IMPLEMENTATION BY DE-              port required by subsection (a), the Sec-
                                             paragraph (1) with respect to an installa-                                                                     retary of Defense shall consult with the Ad-
                                                                                                                 PARTMENT OF DEFENSE OF RE-
                                             tion—                                                               QUIREMENTS RELATING TO RENEW-              ministrator of the Environmental Protection
                                               (A) shall include—                                                ABLE FUEL PUMPS.                           Agency, the Secretary of Energy, the Admin-
                                               (i) the cost of implementing training de-               (a) IN GENERAL.—Not later than 90 days               istrator of the National Oceanic and Atmos-
                                             scribed in paragraph (1) at the installation;           after the date of the enactment of this Act,           pheric Administration, the Administrator of
                                               (ii) a description of any obstacles to the            the Secretary of Defense shall submit to               the Federal Emergency Management Agen-




dlhill on DSK120RN23PROD with SENATE
                                             implementation of such training; and                    Congress a report on the implementation by             cy, the Commander of the Army Corps of En-
                                               (iii) recommendations for mitigating any              the Department of Defense of the require-              gineers, the Administrator of the National
                                             such obstacles; and                                     ments under section 246(a) of the Energy               Aeronautics and Space Administration, a
                                               (B) shall be designed to ensure that the ci-          Independence and Security Act of 2007 (42              federally funded research and development
                                             vilian law enforcement and emergency re-                U.S.C. 17053(a)).                                      center, and the heads of such other relevant
                                             sponse agencies described in paragraph (1)                (b) ELEMENTS.—The report required by sub-            Federal agencies as the Secretary of Defense
                                             are familiar with—                                      section (a) shall include the following:               determines appropriate.




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                                             S3764                                             CONGRESSIONAL RECORD — SENATE                                                         June 29, 2020
                                               (d) FORM OF REPORT.—The report required               report on ways to improve the development,             Assistant     Secretary    of   Defense   for
                                             by subsection (a) shall be submitted in un-             funding, and execution of construction                 Sustainment shall exercise authority, direc-
                                             classified form but may contain a classified            projects in support of overseas contingency            tion, and control over the Operational En-
                                             annex if necessary.                                     operations, including those funded with                ergy Capability Improvement Fund of the
                                               (e) PUBLICATION.—Upon submittal of the                amounts appropriated or otherwise made                 Department of Defense (in this section re-
                                             report required by subsection (a), the Sec-             available for operation and maintenance and            ferred to as the ‘‘OECIF’’).
                                             retary of Defense shall publish the unclassi-           those funded with amounts appropriated or                (b) ALIGNMENT AND COORDINATION WITH RE-
                                             fied portion of the report on an Internet               otherwise made available for military con-             LATED PROGRAMS.—
                                             website of the Department of Defense that is            struction.                                               (1) REALIGNMENT OF OECIF.—Not later than
                                             available to the public.                                  (2) ELEMENTS.—The report required by                 60 days after the date of the enactment of
                                               (f) DEFINITIONS.—In this section:                     paragraph (1) shall include, at a minimum,             this Act, the Secretary of Defense shall re-
                                               (1) EXTREME WEATHER.—The term ‘‘extreme               the following:                                         align the OECIF under the Assistant Sec-
                                             weather’’ means recurrent flooding, drought,              (A) An examination and comparison of the             retary of Defense for Sustainment, with such
                                             desertification, wildfires, and thawing per-            time required to plan, approve, and execute            realignment to include personnel positions
                                             mafrost.                                                construction projects funded with operation            adequate for the mission of the OECIF.
                                               (2) UNITED STATES.—The term ‘‘United                  and maintenance amounts versus those fund-               (2) BETTER COORDINATION WITH RELATED
                                             States’’ means the several States, the Dis-             ed with military construction amounts, in              PROGRAMS.—The Assistant Secretary shall
                                             trict of Columbia, and any territory or pos-            support of contingency operations, including           ensure that the placement under the author-
                                             session of the United States.                           construction projects in support of recent             ity of the Assistant Secretary of the OECIF
                                                                                                     operations in Afghanistan, Iraq, Syria, and            along with the Strategic Environmental Re-
                                                        Subtitle E—Other Matters
                                                                                                     Eastern Europe.                                        search Program, the Environmental Security
                                             SEC. 371. PROHIBITION ON DIVESTITURE OF                                                                        Technology Certification Program, and the
                                                        MANNED INTELLIGENCE, SURVEIL-
                                                                                                       (B) A description of any challenges associ-
                                                                                                     ated with the processes of the Department of           Operational Energy Prototyping Program is
                                                        LANCE, AND RECONNAISSANCE AIR-
                                                        CRAFT   OPERATED   BY   UNITED               Defense for planning, approving, and exe-              utilized to advance common goals of the De-
                                                        STATES SPECIAL OPERATIONS COM-               cuting such projects.                                  partment, promote organizational synergies,
                                                        MAND.                                          (C) A description of any ongoing or planned          and avoid unnecessary duplication of effort.
                                               No funds authorized to be appropriated by             efforts to improve such processes to promote             (c) PROGRAM FOR OPERATIONAL ENERGY
                                             this Act may be used to divest any manned               efficiency and expediency in the develop-              PROTOTYPING.—
                                             intelligence, surveillance, and reconnais-              ment and execution of such projects.                     (1) IN GENERAL.—Commencing not later
                                             sance aircraft operated by the United States              (D) Any recommendations with respect to              than 90 days after the date of the enactment
                                             Special Operations Command, and the De-                 improving such processes, including those              of this Act, the Secretary of Defense,
                                             partment of Defense may not divest any                  from the commanders of the combatant com-              through the Assistant Secretary of Defense
                                             manned intelligence, surveillance, and re-              mands and the Secretaries of the military              for Sustainment, shall carry out a program
                                             connaissance aircraft operated by the United            departments.                                           for the demonstration of technologies re-
                                                                                                     SEC. 373. PROVISION OF PROTECTION TO THE               lated to operational energy prototyping, in-
                                             States Special Operations Command in fiscal
                                                                                                                NATIONAL MUSEUM OF THE MARINE               cluding demonstration of operational energy
                                             year 2021.
                                                                                                                CORPS, THE NATIONAL MUSEUM OF               technology and validation prototyping.
                                             SEC. 372. INFORMATION ON OVERSEAS CON-                             THE UNITED STATES ARMY, THE NA-
                                                        STRUCTION PROJECTS IN SUPPORT
                                                                                                                                                              (2) OPERATION OF PROGRAM.—The Secretary
                                                                                                                TIONAL MUSEUM OF THE UNITED                 shall ensure that the program under para-
                                                        OF   CONTINGENCY   OPERATIONS                           STATES NAVY, AND THE NATIONAL
                                                        USING FUNDS FOR OPERATION AND                                                                       graph (1) operates in conjunction with the
                                                                                                                MUSEUM OF THE UNITED STATES
                                                        MAINTENANCE.                                            AIR FORCE.
                                                                                                                                                            OECIF to promote the transfer of innovative
                                               (a) ANNUAL BUDGET JUSTIFICATION DIS-                    Section 2465(b) of title 10, United States           technologies that have successfully estab-
                                             PLAY.—Section 2805(c) of title 10, United               Code, is amended by adding at the end the              lished proof of concept for use in production
                                             States Code, is amended—                                following new paragraph:                               or in the field.
                                               (1) by striking ‘‘The Secretary concerned’’             ‘‘(5) A contract for the performance of on-            (3) PROGRAM ELEMENTS.—In carrying out
                                             and inserting ‘‘(1) The Secretary concerned’’;          site armed security guard functions to be              the program under paragraph (1) the Sec-
                                             and                                                     performed—                                             retary shall—
                                               (2) by adding at the end the following new              ‘‘(A) at the Marine Corps Heritage Center              (A) identify and demonstrate the most
                                             paragraphs:                                             at Marine Corps Base Quantico, Virginia, in-           promising, innovative, and cost-effective
                                               ‘‘(2) The Secretary of each military depart-          cluding the National Museum of the Marine              technologies and methods that address high-
                                             ment, the Director of each Defense Agency,              Corps;                                                 priority operational energy requirements of
                                             and the head of any other relevant compo-                 ‘‘(B) at the Heritage Center for the Na-             the Department of Defense;
                                             nent of the Department of Defense shall                 tional Museum of the United States Army at               (B) in conducting demonstrations under
                                             track and report to the Under Secretary of              Fort Belvoir, Virginia;                                subparagraph (A), the Secretary shall—
                                             Defense (Comptroller) relevant data regard-               ‘‘(C) at the Heritage Center for the Na-               (i) collect cost and performance data to
                                             ing all overseas construction projects funded           tional Museum of the United States Navy at             overcome barriers against employing an in-
                                             with amounts appropriated or otherwise                  Washington, District of Columbia; or                   novative technology because of concerns re-
                                             made available for operation and mainte-                  ‘‘(D) at the Heritage Center for the Na-             garding technical or programmatic risk; and
                                             nance in support of contingency operations.             tional Museum of the United States Air                   (ii) ensure that components of the Depart-
                                               ‘‘(3)(A) The Secretary of Defense shall pre-          Force at Wright-Patterson Air Force Base,              ment have time to establish new require-
                                             pare, for inclusion in the annual budget sub-           Ohio.’’.                                               ments where necessary and plan, program,
                                             mission by the President to Congress under              SEC. 374. INAPPLICABILITY OF CONGRESSIONAL
                                                                                                                                                            and budget for technology transition to pro-
                                             section 1105 of title 31, a consolidated budget                     NOTIFICATION AND DOLLAR LIMITA-            grams of record;
                                             justification display, in classified and un-                        TION REQUIREMENTS FOR ADVANCE                (C) utilize project structures similar to
                                             classified form, that identifies all overseas                       BILLINGS   FOR  CERTAIN   BACK-            those of the OECIF to ensure transparency
                                             construction projects funded with amounts                           GROUND INVESTIGATIONS.                     and accountability throughout the efforts
                                             appropriated or otherwise made available for              Section 2208(l) of title 10, United States           conducted under the program; and
                                             operation and maintenance in support of                 Code, is amended—                                        (D) give priority, in conjunction with the
                                             contingency operations.                                   (1) by redesignating paragraph (4) as para-          OECIF, to the development and fielding of
                                               ‘‘(B) The display prepared under subpara-             graph (5); and                                         clean technologies that reduce reliance on
                                             graph (A) shall include a list of all construc-           (2) by inserting after paragraph (3) the fol-        fossil fuels.
                                             tion projects described in such subparagraph            lowing new paragraph (4):                                (4) TOOL FOR ACCOUNTABILITY AND TRANSI-
                                             that were completed in the prior fiscal year,             ‘‘(4) This subsection shall not apply to ad-         TION.—
                                             that are ongoing, or that are expected for              vance billing for background investigation               (A) IN GENERAL.—In carrying out the pro-
                                             the next five fiscal years, and shall identify          and related services performed by the De-              gram under paragraph (1) the Secretary shall
                                             for each project—                                       fense Counterintelligence and Security                 develop and utilize a tool to track relevant
                                               ‘‘(i) the component of the Department of              Agency.’’.                                             investments in operational energy from ap-
                                             Defense involved in the project;                        SEC. 375. REPEAL OF SUNSET FOR MINIMUM AN-             plied research to transition to use to ensure
                                                                                                                 NUAL PURCHASE AMOUNT FOR CAR-
                                               ‘‘(ii) the location of the project;                                                                          user organizations have the full picture of
                                                                                                                 RIERS PARTICIPATING IN THE CIVIL
                                               ‘‘(iii) a brief description of the purpose of                     RESERVE AIR FLEET.                         technology maturation and development.
                                             the project; and                                          Section 9515 of title 10, United States Code,          (B) TRANSITION.—The tool developed and




dlhill on DSK120RN23PROD with SENATE
                                               ‘‘(iv) the actual or estimated cost of the            is amended by striking subsection (k).                 utilized under subparagraph (A) shall be de-
                                             project.’’.                                             SEC. 376. IMPROVEMENT OF THE OPERATIONAL               signed to overcome transition challenges
                                               (b) REPORT ON CONSTRUCTION PROJECTS IN                            ENERGY CAPABILITY IMPROVEMENT              with rigorous and well-documented dem-
                                             SUPPORT OF CONTINGENCY OPERATIONS.—                                 FUND OF THE DEPARTMENT OF DE-              onstrations that provide the information
                                               (1) IN GENERAL.—Not later than March 1,                           FENSE.                                     needed by all stakeholders for acceptance of
                                             2021, the Secretary of Defense shall submit               (a) MANAGEMENT OF THE OPERATIONAL EN-                the technology.
                                             to the congressional defense committees a               ERGY CAPABILITY IMPROVEMENT FUND.—The                    (5) LOCATIONS.—




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                                             June 29, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S3765
                                               (A) IN GENERAL.—The Secretary shall carry               (5) one shall be appointed by the Ranking            SEC. 379. ADJUSTMENT IN AVAILABILITY OF AP-
                                             out the testing and evaluation phase of the             Member of the Committee on Armed Serv-                             PROPRIATIONS FOR UNUSUAL COST
                                                                                                                                                                        OVERRUNS AND FOR CHANGES IN
                                             program under paragraph (1) at installations            ices of the House of Representatives.
                                                                                                                                                                        SCOPE OF WORK.
                                             of the Department of Defense or in conjunc-               (e) APPOINTMENT.—Members of the Com-                   Section 8683 of title 10, United States Code,
                                             tion with exercises conducted by the Joint              mission shall be appointed not later than 45           is amended by adding at the end the fol-
                                             Staff, a combatant command, or a military               days after the date of the enactment of this           lowing new subsection:
                                             department.                                             Act.                                                     ‘‘(c) TREATMENT OF AMOUNTS APPRO-
                                               (B) FORMAL DEMONSTRATIONS.—The Sec-                     (f) INITIAL MEETING.—The Commission                  PRIATED AFTER END OF PERIOD OF OBLIGA-
                                             retary shall carry out any formal demonstra-            shall hold its initial meeting on the date             TION.—In the application of section 1553(c) of
                                             tions under the program under paragraph (1)             that is 60 days after the enactment of this            title 31 to funds appropriated in the Oper-
                                             at installations of the Department or in                Act.                                                   ation and Maintenance, Navy account that
                                             operational settings to document and vali-                                                                     are available for ship overhaul, the Sec-
                                                                                                       (g) BRIEFINGS AND REPORTS.—Not later
                                             date improved warfighting performance and                                                                      retary of the Navy—
                                                                                                     than October 1, 2021, the Commission shall
                                             cost savings.                                                                                                    ‘‘(1) may treat the limitation specified in
                                                                                                     brief the Committees on Armed Services of
                                             SEC. 377. COMMISSION ON THE NAMING OF                   the Senate and House of Representatives de-            paragraph (1) of such section to be
                                                        ITEMS OF THE DEPARTMENT OF DE-
                                                                                                     tailing the progress of the requirements               ‘$10,000,000’ rather than ‘$4,000,000’; and
                                                        FENSE THAT COMMEMORATE THE                                                                            ‘‘(2) may treat the limitation specified in
                                                        CONFEDERATE STATES OF AMERICA                under subsection (c). Not later than October
                                                                                                     1, 2022, and not later than 90 days before the         paragraph (2) of such section to be
                                                        OR ANY PERSON WHO SERVED VOL-                                                                       ‘$30,000,000’ rather than ‘$25,000,000’.’’.
                                                        UNTARILY WITH THE CONFEDERATE                implementation of the plan in subsection
                                                                                                                                                            SEC. 380. REQUIREMENT THAT SECRETARY OF
                                                        STATES OF AMERICA.                           (c)(4), the Commission shall present a brief-
                                                                                                                                                                       DEFENSE IMPLEMENT SECURITY
                                               (a) REMOVAL.—Not later than three years               ing and written report detailing the results                      AND EMERGENCY RESPONSE REC-
                                             after the date of the enactment of this Act,            of the requirements under subsection (c), in-                     OMMENDATIONS RELATING TO AC-
                                             the Secretary of Defense shall implement                cluding:                                                          TIVE SHOOTER OR TERRORIST AT-
                                             the plan submitted by the commission de-                  (1) A list of assets to be removed or re-                       TACKS ON INSTALLATIONS OF DE-
                                                                                                     named.                                                            PARTMENT OF DEFENSE.
                                             scribed in paragraph (b) and remove all
                                                                                                       (2) Costs associated with the removal or re-           (a) REQUIREMENT.—Not later than 90 days
                                             names, symbols, displays, monuments, and
                                                                                                     naming of assets in subsection (g)(1).                 after the date of the enactment of this Act,
                                             paraphernalia that honor or commemorate
                                                                                                       (3) Criteria and requirements used to nomi-          the Secretary of Defense shall implement
                                             the Confederate States of America (com-
                                                                                                     nate and rename assets in subsection (g)(1).           the applicable security and emergency re-
                                             monly referred to as the ‘‘Confederacy’’) or                                                                   sponse recommendations relating to active
                                             any person who served voluntarily with the                (4) Methods of collecting and incorporating
                                                                                                     local sensitivities associated with the re-            shooter or terrorist attacks on installations
                                             Confederate States of America from all as-                                                                     of the Department of Defense made in the
                                             sets of the Department of Defense.                      moval or renaming of assets in subsection
                                                                                                     (g)(1).                                                following reports:
                                               (b) IN GENERAL.—The Secretary of Defense                                                                       (1) The report by the Government Account-
                                             shall establish a commission relating to as-              (h) FUNDING.—                                        ability Office dated July 2015 entitled, ‘‘In-
                                             signing, modifying, or removing of names,                 (1) AUTHORIZATION OF APPROPRIATIONS.—                sider Threats: DOD Should Improve Informa-
                                             symbols, displays, monuments, and para-                 There is authorized to be appropriated                 tion Sharing and Oversight to Protect U.S.
                                             phernalia to assets of the Department of De-            $2,000,000 to carry out this section.                  Installations’’ (GAO-15-543).
                                             fense that commemorate the Confederate                    (2) OFFSET.—The amount authorized to be                (2) The report prepared by the Department
                                             States of America or any person who served              appropriated by the Act for fiscal year 2021           of the Navy relating to the Washington Navy
                                             voluntarily with the Confederate States of              for Operations and Maintenance, Army, sub              Yard shooting in 2013.
                                             America.                                                activity group 434 - other personnel support             (3) The report by the Department of the
                                               (c) DUTIES.—The Commission shall—                     is hereby reduced by $2,000,000.                       Army dated August 2010 entitled ‘‘Fort Hood,
                                               (1) assess the cost of renaming or removing             (i) ASSETS DEFINED.—In this section, the             Army Internal Review Team: Final Report’’.
                                             names, symbols, displays, monuments, or                 term ‘‘assets’’ includes any base, installa-             (4) The independent review by the Depart-
                                             paraphernalia that commemorate the Con-                 tion, street, building, facility, aircraft, ship,      ment of Defense dated January 2010 entitled
                                             federate States of America or any person                plane, weapon, equipment, or any other prop-           ‘‘Protecting the Force: Lessons from Fort
                                             who served voluntarily with the Confederate             erty owned or controlled by the Department             Hood’’.
                                             States of America;                                      of Defense.                                              (5) The report by the Department of the
                                               (2) develop procedures and criteria to as-              (j) EXEMPTION FOR GRAVE MARKERS.—Shall               Air Force dated October 2010 entitled ‘‘Air
                                             sess whether an existing name, symbol,                  not cover monuments but shall exempt grave             Force Follow-On Review: Protecting the
                                             monument, display, or paraphernalia com-                markers. Congress expects the commission               Force: Lessons from Fort Hood’’.
                                             memorates the Confederate States of Amer-               to further define what constitutes a grave               (b) NOTIFICATION OF INAPPLICABLE REC-
                                             ica or person who served voluntarily with               marker.                                                OMMENDATIONS.—
                                             the Confederate States of America;                                                                               (1) IN GENERAL.—If the Secretary deter-
                                                                                                     SEC. 378. MODIFICATIONS TO REVIEW OF PRO-
                                               (3) recommend procedures for renaming as-                        POSED ACTIONS BY MILITARY AVIA-
                                                                                                                                                            mines that a recommendation described in
                                             sets of the Department of Defense to prevent                       TION AND INSTALLATION ASSUR-                subsection (a) is outdated, is no longer appli-
                                             commemoration of the Confederate States of                         ANCE CLEARINGHOUSE.                         cable, or has been superseded by more recent
                                             America or any person who served volun-                   Section 183a(c)(2) of title 10, United States        separate guidance or recommendations set
                                             tarily with the Confederate States of Amer-             Code, is amended—                                      forth by the Government Accountability Of-
                                             ica;                                                      (1) by striking ‘‘If the Clearinghouse’’ and         fice, the Department of Defense, or another
                                               (4) develop a plan to remove names, sym-              inserting ‘‘(A) If the Clearinghouse’’; and            entity in related contracted review, the Sec-
                                             bols, displays, monuments, or paraphernalia               (2) by adding at the end the following new           retary shall notify the Committees on
                                             that commemorate the Confederate States of              subparagraphs:                                         Armed Services of the Senate and the House
                                             America or any person who served volun-                   ‘‘(B) After the Clearinghouse issues a no-           of Representatives not later than 45 days
                                             tarily with the Confederate States of Amer-             tice under subparagraph (A) with respect to            after the date of the enactment of this Act.
                                             ica from assets of the Department of De-                an energy project, the parties should seek to            (2) IDENTIFICATION AND JUSTIFICATION.—The
                                             fense, within the timeline established by this          identify feasible and affordable actions that          notification under paragraph (1) shall in-
                                             Act; and                                                can be taken by the Department, the devel-             clude an identification, set forth by report
                                               (5) include in the plan procedures and cri-           oper of such energy project, or others to              specified in subsection (a), of each rec-
                                             teria for collecting and incorporating local            mitigate any adverse impact on military op-            ommendation that the Secretary determines
                                             sensitivities associated with naming or re-             erations and readiness.                                should not be implemented, with a justifica-
                                             naming of assets of the Department of De-                 ‘‘(C) If the Secretary determines within a           tion for each such determination.
                                             fense.                                                                                                         SEC. 381. CLARIFICATION OF FOOD INGREDIENT
                                                                                                     reasonable period of time after the issuance
                                                                                                                                                                        REQUIREMENTS FOR FOOD OR BEV-
                                               (d) MEMBERSHIP.—The Commission shall be               of a notice under subparagraph (A) with re-                        ERAGES PROVIDED BY THE DEPART-
                                             composed of eight members, of whom—                     spect to an energy project that the concerns                       MENT OF DEFENSE.
                                               (1) four shall be appointed by the Secretary          identified in the preliminary review con-                (a) IN GENERAL.—Before making any final
                                             of Defense;                                             ducted under paragraph (1) with respect to             rule, statement, or determination regarding
                                               (2) one shall be appointed by the Chairman            such project have been mitigated to the ex-            the limitation or prohibition of any food or
                                             of the Committee on Armed Services of the               tent that such project does not pose an unac-          beverage ingredient in military food service,




dlhill on DSK120RN23PROD with SENATE
                                             Senate;                                                 ceptable level of risk to military operations          military medical foods, commissary food, or
                                               (3) one shall be appointed by the Ranking             and readiness, the Clearinghouse shall time-           commissary food service, the Secretary of
                                             Member of the Committee on Armed Serv-                  ly issue a mission compatibility letter to the         Defense shall publish in the Federal Register
                                             ices of the Senate;                                     applicant of such project, the governor of the         a notice of a preliminary rule, statement, or
                                               (4) one shall be appointed by the Chairman            State in which such project is located, and            determination (in this section referred to as
                                             of the Committee on Armed Services of the               the Secretary of the finding of the Clearing-          a ‘‘proposed action’’) and provide oppor-
                                             House of Representatives; and                           house.’’.                                              tunity for public comment.




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                                             S3766                                             CONGRESSIONAL RECORD — SENATE                                                          June 29, 2020
                                               (b) MATTERS TO BE INCLUDED.—The Sec-                  Armed Forces are authorized, as of Sep-                gress under section 1105 of title 31, United
                                             retary shall include in any notice published            tember 30, 2021, the following number of Re-           States Code, after such effective date.
                                             under subsection (a) the following:                     serves to be serving on full-time active duty           Subtitle C—Authorization of Appropriations
                                               (1) The date of the notice.                           or full-time duty, in the case of members of           SEC. 421. MILITARY PERSONNEL.
                                               (2) Contact information for the appropriate           the National Guard, for the purpose of orga-
                                             office at the Department of Defense.                                                                             (a) AUTHORIZATION OF APPROPRIATIONS.—
                                                                                                     nizing, administering, recruiting, instruct-
                                               (3) A summary of the notice.                                                                                 Funds are hereby authorized to be appro-
                                                                                                     ing, or training the reserve components:
                                               (4) A date for comments to be submitted                                                                      priated for fiscal year 2021 for the use of the
                                                                                                       (1) The Army National Guard of the United
                                             and specific methods for submitting com-                                                                       Armed Forces and other activities and agen-
                                                                                                     States, 30,595.
                                             ments.                                                                                                         cies of the Department of Defense for ex-
                                                                                                       (2) The Army Reserve, 16,511.
                                               (5) A description of the substance of the                                                                    penses, not otherwise provided for, for mili-
                                                                                                       (3) The Navy Reserve, 10,215.
                                             proposed action.                                                                                               tary personnel, as specified in the funding
                                                                                                       (4) The Marine Corps Reserve, 2,386.
                                               (6) Findings and a statement of reasons                                                                      table in section 4401.
                                                                                                       (5) The Air National Guard of the United
                                             supporting the proposed action.                                                                                  (b) CONSTRUCTION OF AUTHORIZATION.—The
                                                                                                     States, 25,333.
                                                                                                                                                            authorization of appropriations in subsection
                                                   TITLE IV—MILITARY PERSONNEL                         (6) The Air Force Reserve, 5,256.
                                                                                                                                                            (a) supersedes any other authorization of ap-
                                                           AUTHORIZATIONS                            SEC. 413. END STRENGTHS FOR MILITARY TECH-
                                                                                                                                                            propriations (definite or indefinite) for such
                                                        Subtitle A—Active Forces                                 NICIANS (DUAL STATUS).
                                                                                                                                                            purpose for fiscal year 2021.
                                             SEC. 401. END STRENGTHS FOR ACTIVE FORCES.                (a) IN GENERAL.—The authorized number of
                                                                                                     military technicians (dual status) as of the            TITLE V—MILITARY PERSONNEL POLICY
                                               The    Armed     Forces     are authorized
                                             strengths for active duty personnel as of               last day of fiscal year 2021 for the reserve                Subtitle A—Officer Personnel Policy
                                             September 30, 2021, as follows:                         components of the Army and the Air Force               SEC. 501. REPEAL OF CODIFIED SPECIFICATION
                                               (1) The Army, 485,000.                                (notwithstanding section 129 of title 10,                          OF AUTHORIZED STRENGTHS OF
                                               (2) The Navy, 346,730.                                United States Code) shall be the following:                        CERTAIN COMMISSIONED OFFICERS
                                                                                                       (1) For the Army National Guard of the                           ON ACTIVE DUTY.
                                               (3) The Marine Corps, 180,000.
                                               (4) The Air Force, 333,475.                           United States, 22,294.                                   Effective as of October 1, 2021, the text of
                                             SEC. 402. END STRENGTH LEVEL MATTERS.                     (2) For the Army Reserve, 6,492.                     section 523 of title 10, United States Code, is
                                               (a) STRENGTH LEVELS TO SUPPORT TWO                      (3) For the Air National Guard of the                amended to read as follows:
                                             MAJOR REGIONAL CONTINGENCIES.—                          United States, 10,994.                                   ‘‘The total number of commissioned offi-
                                               (1) IN GENERAL.—Section 691 of title 10,                (4) For the Air Force Reserve, 7,947.                cers serving on active duty in the Army, Air
                                             United States Code, is repealed.                          (b) LIMITATION.—Under no circumstances               Force, or Marine Corps in each of the grades
                                               (2) TABLE OF SECTIONS.—The table of sec-              may a military technician (dual status) em-            of major, lieutenant colonel, or colonel, or in
                                             tions at the beginning of chapter 39 of such            ployed under the authority of this section be          the Navy in each of the grades of lieutenant
                                             title is amended by striking the item relat-            coerced by a State into accepting an offer of          commander, commander, or captain, at the
                                             ing to section 691.                                     realignment or conversion to any other mili-           end of any fiscal year shall be as specifically
                                               (b) CERTAIN ACTIVE-DUTY AND SELECTED                  tary status, including as a member of the              authorized by Act of Congress for such fiscal
                                             RESERVE STRENGTHS.—Section 115 of such                  Active, Guard, and Reserve program of a re-            year.’’.
                                             title is amended—                                       serve component. If a military technician              SEC. 502. TEMPORARY EXPANSION OF AVAIL-
                                               (1) in subsection (f)(1), by striking ‘‘in-           (dual status) declines to participate in such                     ABILITY OF ENHANCED CONSTRUC-
                                             crease’’ and inserting ‘‘vary’’; and                                                                                      TIVE SERVICE CREDIT IN A PAR-
                                                                                                     realignment or conversion, no further action
                                                                                                                                                                       TICULAR   CAREER   FIELD UPON
                                               (2) in subsection (g)(1)(A), by striking ‘‘in-        will be taken against the individual or the                       ORIGINAL APPOINTMENT AS A COM-
                                             crease’’ and inserting ‘‘vary’’.                        individual’s position.                                            MISSIONED OFFICER.
                                                       Subtitle B—Reserve Forces                     SEC. 414. MAXIMUM NUMBER OF RESERVE PER-                 (a) REGULAR OFFICERS.—Subparagraph (D)
                                             SEC. 411. END STRENGTHS FOR SELECTED RE-                            SONNEL AUTHORIZED TO BE ON AC-             of section 533(b)(1) of title 10, United States
                                                         SERVE.                                                  TIVE DUTY FOR OPERATIONAL SUP-
                                                                                                                 PORT.
                                                                                                                                                            Code, is amended to read as follows:
                                               (a) IN GENERAL.—The Armed Forces are au-                                                                       ‘‘(D) Additional credit as follows:
                                             thorized strengths for Selected Reserve per-              During fiscal year 2021, the maximum num-
                                                                                                                                                              ‘‘(i) For special training or experience in a
                                             sonnel of the reserve components as of Sep-             ber of members of the reserve components of
                                                                                                                                                            particular officer field as designated by the
                                             tember 30, 2021, as follows:                            the Armed Forces who may be serving at any
                                                                                                                                                            Secretary concerned, if such training or ex-
                                               (1) The Army National Guard of the United             time on full-time operational support duty
                                                                                                                                                            perience is directly related to the oper-
                                             States, 336,500.                                        under section 115(b) of title 10, United States
                                                                                                                                                            ational needs of the armed force concerned.
                                               (2) The Army Reserve, 189,800.                        Code, is the following:
                                                                                                                                                              ‘‘(ii) During fiscal years 2021 through 2025,
                                               (3) The Navy Reserve, 58,800.                           (1) The Army National Guard of the United
                                                                                                                                                            for advanced education in an officer field so
                                               (4) The Marine Corps Reserve, 38,500.                 States, 17,000.
                                                                                                                                                            designated, if such education is directly re-
                                               (5) The Air National Guard of the United                (2) The Army Reserve, 13,000.
                                                                                                                                                            lated to the operational needs of the armed
                                             States, 108,100.                                          (3) The Navy Reserve, 6,200.
                                                                                                                                                            force concerned.’’.
                                               (6) The Air Force Reserve, 70,300.                      (4) The Marine Corps Reserve, 3,000.
                                                                                                                                                              (b) RESERVE OFFICERS.—Section 12207(b)(1)
                                               (7) The Coast Guard Reserve, 7,000.                     (5) The Air National Guard of the United
                                                                                                                                                            of such title is amended—
                                               (b) END STRENGTH REDUCTIONS.—The end                  States, 16,000.
                                                                                                                                                              (1) in the matter preceding subparagraph
                                             strengths prescribed by subsection (a) for the            (6) The Air Force Reserve, 14,000.
                                                                                                                                                            (A), ‘‘or a designation in’’ and all that fol-
                                             Selected Reserve of any reserve component               SEC. 415. SEPARATE AUTHORIZATION BY CON-               lows through ‘‘education or training,’’ and
                                             shall be proportionately reduced by—                               GRESS    OF    MINIMUM       END
                                                                                                                STRENGTHS FOR NON-TEMPORARY
                                                                                                                                                            inserting ‘‘and who has special training or
                                               (1) the total authorized strength of units
                                                                                                                MILITARY TECHNICIANS (DUAL STA-             experience, or advanced education (if appli-
                                             organized to serve as units of the Selected
                                                                                                                TUS)    AND    MAXIMUM       END            cable),’’; and
                                             Reserve of such component which are on ac-
                                                                                                                STRENGTHS FOR TEMPORARY MILI-                 (2) by striking subparagraph (D) and in-
                                             tive duty (other than for training) at the end                     TARY TECHNICIANS (DUAL STATUS).             serting the following new subparagraph:
                                             of the fiscal year; and
                                                                                                       (a) IN GENERAL.—Section 115(d) of title 10,            ‘‘(D) Additional credit as follows:
                                               (2) the total number of individual members
                                                                                                     United States Code, is amended—                          ‘‘(i) For special training or experience in a
                                             not in units organized to serve as units of
                                                                                                       (1) in the first sentence, by striking ‘‘the         particular officer field as designated by the
                                             the Selected Reserve of such component who
                                                                                                     end strength for military technicians (dual            Secretary concerned, if such training or ex-
                                             are on active duty (other than for training or
                                                                                                     status)’’ and inserting ‘‘both the minimum             perience is directly related to the oper-
                                             for unsatisfactory participation in training)
                                                                                                     end strength for non-temporary military                ational needs of the armed force concerned.
                                             without their consent at the end of the fiscal
                                                                                                     technicians (dual status) and the maximum                ‘‘(ii) During fiscal years 2021 through 2025,
                                             year.
                                               (c) END STRENGTH INCREASES.—Whenever                  end strength for temporary military techni-            for advanced education in an officer field so
                                             units or individual members of the Selected             cians (dual status)’’; and                             designated, if such education is directly re-
                                             Reserve of any reserve component are re-                  (2) in the third sentence, by striking ‘‘the         lated to the operational needs of the armed
                                             leased from active duty during any fiscal               end strength requested for military techni-            force concerned.’’.
                                             year, the end strength prescribed for such              cians (dual status)’’ and inserting ‘‘the min-           (c) ANNUAL REPORT.—
                                             fiscal year for the Selected Reserve of such            imum end strength for non-temporary mili-                (1) IN GENERAL.—Not later than February 1,
                                             reserve component shall be increased propor-            tary technicians (dual status), and the max-           2022, and every four years thereafter, each
                                             tionately by the total authorized strengths             imum end strength for temporary military               Secretary of a military department shall




dlhill on DSK120RN23PROD with SENATE
                                             of such units and by the total number of                technicians (dual status), requested’’.                submit to the Committees on Armed Serv-
                                             such individual members.                                  (b) EFFECTIVE DATE.—The amendments                   ices of the Senate and the House of Rep-
                                             SEC. 412. END STRENGTHS FOR RESERVES ON AC-             made by subsection (a) shall take effect on            resentatives a report on the use of the au-
                                                         TIVE DUTY IN SUPPORT OF THE RE-             the day after the date of the enactment of             thorities in subparagraph (D) of section
                                                         SERVES.                                     this Act. The amendment made by sub-                   553(b)(1) of title 10, United States Code (as
                                               Within the end strengths prescribed in sec-           section (a)(2) shall apply with respect to             amended by subsection (a)), and subpara-
                                             tion 411(a), the reserve components of the              budgets submitted by the President to Con-             graph (D) of section 12207(b)(1) of such title




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                                             June 29, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S3767
                                             (as amended by subsection (b)) (each referred           ate, as applicable, or included on a pro-              mation with an appropriate sampling of the
                                             to in this subsection as a ‘‘constructive cred-         motion list under section 624(a) of this title.        records of those officers of the same com-
                                             it authority’’) during the preceding fiscal               ‘‘(b) CONVENING.—(1) Any special selection           petitive category who were recommended for
                                             year for the Armed Forces under the juris-              review board convened under this section               promotion by the promotion board that rec-
                                             diction of such Secretary.                              shall be convened in accordance with the               ommended the person for promotion, and an
                                               (2) ELEMENTS.—Each report under para-                 provisions of section 628(f) of this title.            appropriate sampling of the records of those
                                             graph (1) shall include, for the fiscal year              ‘‘(2) Any special selection review board             officers who were considered by and not rec-
                                             and Armed Forces covered by such report,                convened under this section may review such            ommended for promotion by that promotion
                                             the following:                                          number of persons, and recommendations for             board.
                                               (A) The manner in which constructive                  promotion of such persons, as the Secretary              ‘‘(2) Records and information shall be pre-
                                             service credit was calculated under each con-           of the military department concerned shall             sented to a special selection review board for
                                             structive credit authority.                             specify in convening such special selection            purposes of paragraph (1) in a manner that
                                               (B) The number of officers credited con-              review board.                                          does not indicate or disclose the person or
                                             structive service credit under each construc-             ‘‘(c) INFORMATION CONSIDERED.—(1) In re-             persons for whom the special selection re-
                                             tive credit authority.                                  viewing a person and recommending whether              view board was convened.
                                               (C) A description and assessment of the               the recommendation for promotion of the                  ‘‘(3) In considering whether the rec-
                                             utility of the constructive credit authorities          person should be sustained under this sec-             ommendation for promotion of a person
                                             in meeting the operational needs of the                 tion, a special selection review board con-            should be sustained under this section, a spe-
                                             Armed Force concerned.                                  vened under this section shall be furnished            cial selection review board shall, to the
                                               (D) Such other matters in connection with             and consider the following:                            greatest extent practicable, apply standards
                                             the constructive credit authorities as the                ‘‘(A) The record and information con-                used by the promotion board that rec-
                                             Secretary of the military department con-               cerning the person furnished in accordance             ommended the person for promotion.
                                                                                                     with section 615(a)(2) of this title to the pro-         ‘‘(4) The recommendation for promotion of
                                             cerned considers appropriate.
                                                                                                     motion board that recommended the person               a person may be sustained under this section
                                             SEC. 503. REQUIREMENT FOR PROMOTION SE-
                                                                                                     for promotion.                                         only if the special selection review board de-
                                                        LECTION BOARD RECOMMENDATION
                                                        OF HIGHER PLACEMENT ON PRO-                    ‘‘(B) Any credible information of an ad-             termines that the person—
                                                        MOTION LIST OF OFFICERS OF PAR-              verse nature on the person, including any                ‘‘(A) ranks on an order of merit created by
                                                        TICULAR MERIT.                               substantiated adverse finding or conclusion            the special selection review board as better
                                               (a) IN GENERAL.—Section 616(g) of title 10,           from an officially documented investigation            qualified for promotion than the sample offi-
                                             United States Code, is amended—                         or inquiry described in section 615(a)(3)(A) of        cer highest on the order of merit list who
                                                (1) in paragraph (1)—                                this title.                                            was considered by and not recommended for
                                                (A) by striking ‘‘may’’ and inserting                  ‘‘(2) The furnishing of information to a spe-        promotion by the promotion board con-
                                             ‘‘shall’’; and                                          cial selection review board under paragraph            cerned; and
                                                (B) by inserting ‘‘, pursuant to guidelines          (1)(B) shall be governed by the standards and            ‘‘(B) is comparable in qualification for pro-
                                             and procedures prescribed by the Secretary,’’           procedures referred to in paragraph (3)(C) of          motion to those sample officers who were
                                             after ‘‘officers of particular merit’’; and             section 615(a) of this title applicable to the         recommended for promotion by that pro-
                                                (2) in paragraph (3), by inserting ‘‘, pursu-        furnishing of information described in para-           motion board.
                                             ant to guidelines and procedures prescribed             graph (3)(A) of such section to selection                ‘‘(5) A recommendation for promotion of a
                                             by the Secretary concerned,’’ after ‘‘shall             boards in accordance with that section.                person may be sustained under this section
                                             recommend’’.                                              ‘‘(3)(A) Before information on a person de-          only by a vote of a majority of the members
                                                (b) EFFECTIVE DATE.—The amendments                   scribed in paragraph (1)(B) is furnished to a          of the special selection review board.
                                             made by subsection (a) shall take effect on             special selection review board for purposes of           ‘‘(6) If a special selection review board does
                                             the date of the enactment of this Act, and                                                                     not sustain a recommendation for promotion
                                                                                                     this section, the Secretary of the military
                                             shall apply with respect to officers rec-                                                                      of a person under this section, the person
                                                                                                     department concerned shall ensure that—
                                             ommended for promotion by promotion se-                                                                        shall be considered to have failed of selection
                                                                                                       ‘‘(i) such information is made available to
                                             lection boards convened on or after that                                                                       for promotion.
                                                                                                     the person; and                                          ‘‘(e) REPORTS.—(1) Each special selection
                                             date.                                                     ‘‘(ii) subject to subparagraphs (C) and (D),         review board convened under this section
                                             SEC. 504. SPECIAL SELECTION REVIEW BOARDS               the person is afforded a reasonable oppor-
                                                         FOR REVIEW OF PROMOTION OF OF-
                                                                                                                                                            shall submit to the Secretary of the military
                                                                                                     tunity to submit comments on such informa-             department concerned a written report,
                                                         FICERS SUBJECT TO ADVERSE IN-               tion to the special selection review board be-
                                                         FORMATION   IDENTIFIED   AFTER                                                                     signed by each member of the board, con-
                                                         RECOMMENDATION     FOR     PRO-
                                                                                                     fore its review of the person and the rec-             taining the name of each person whose rec-
                                                         MOTION AND RELATED MATTERS.                 ommendation for promotion of the person                ommendation for promotion it recommends
                                               (a) REGULAR OFFICERS.—                                under this section.                                    for sustainment and certifying that the
                                               (1) IN GENERAL.—Subchapter III of chapter               ‘‘(B) If information on a person described           board has carefully considered the record
                                             36 of title 10, United States Code, is amended          in paragraph (1)(B) is not made available to           and information of each person whose name
                                             by inserting after section 628 the following            the person as otherwise required by subpara-           was referred to it.
                                             new section:                                            graph (A)(i) due to the classification status            ‘‘(2) The provisions of sections 617(b) and
                                                                                                     of such information, the person shall, to the          618 of this title apply to the report and pro-
                                             ‘‘§ 628a. Special selection review boards               maximum extent practicable, be furnished a             ceedings of a special selection review board
                                                ‘‘(a) IN GENERAL.—(1) If the Secretary of            summary of such information appropriate to             convened under this section in the same
                                             the military department concerned deter-                the person’s authorization for access to clas-         manner as they apply to the report and pro-
                                             mines that a person recommended by a pro-               sified information.                                    ceedings of a promotion board convened
                                             motion board for promotion to a grade at or               ‘‘(C)(i) An opportunity to submit com-               under section 611(a) of this title.
                                             below the grade of major general, rear admi-            ments on information is not required for a               ‘‘(f) APPOINTMENT OF PERSONS.—(1) If the
                                             ral in the Navy, or an equivalent grade in              person under subparagraph (A)(ii) if—                  report of a special selection review board
                                             the Space Force is the subject of credible in-            ‘‘(I) such information was made available            convened under this section recommends the
                                             formation of an adverse nature, including               to the person in connection with the fur-              sustainment of the recommendation for pro-
                                             any substantiated adverse finding or conclu-            nishing of such information under section              motion to the next higher grade of a person
                                             sion described in section 615(a)(3)(A) of this          615(a) of this title to the promotion board            whose name was referred to it for review
                                             title, that was not furnished to the pro-               that recommended the promotion of the per-             under this section, and the President ap-
                                             motion board during its consideration of the            son subject to review under this section; and          proves the report, the person shall, as soon
                                             person for promotion as otherwise required                ‘‘(II) the person submitted comments on              as practicable, be appointed to that grade in
                                             by such section, the Secretary shall convene            such information to that promotion board.              accordance with subsections (b) and (c) of
                                             a special selection review board under this               ‘‘(ii) The comments on information of a              section 624 of this title.
                                             section to review the person and recommend              person described in clause (i)(II) shall be fur-         ‘‘(2) A person who is appointed to the next
                                             whether the recommendation for promotion                nished to the special selection review board.          higher grade as described in paragraph (1)
                                             of the person should be sustained.                        ‘‘(D) A person may waive either or both of           shall, upon that appointment, have the same
                                                ‘‘(2) If a person and the recommendation             the following:                                         date of rank, the same effective date for the
                                             for promotion of the person is subject to re-             ‘‘(i) The right to submit comments to a              pay and allowances of that grade, and the
                                             view under this section by a special selection          special selection review board under sub-              same position on the active-duty list as the
                                             review board convened under this section,               paragraph (A)(ii).                                     person would have had pursuant to the origi-




dlhill on DSK120RN23PROD with SENATE
                                             the name of the person—                                   ‘‘(ii) The furnishing of comments to a spe-          nal recommendation for promotion of the
                                                ‘‘(A) shall not be disseminated or publicly          cial selection review board under subpara-             promotion board concerned.
                                             released on the list of officers recommended            graph (C)(ii).                                           ‘‘(g) REGULATIONS.—(1) The Secretary of
                                             for promotion by the promotion board rec-                 ‘‘(d) CONSIDERATION.—(1) In considering the          Defense shall prescribe regulations to carry
                                             ommending the promotion of the person; and              record and information on a person under               out this section. Such regulations shall
                                                ‘‘(B) shall not be forwarded to the Sec-             this section, the special selection review             apply uniformly across the military depart-
                                             retary of Defense, the President, or the Sen-           board shall compare such record and infor-             ments.




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                                             S3768                                             CONGRESSIONAL RECORD — SENATE                                                           June 29, 2020
                                                ‘‘(2) Any regulation prescribed by the Sec-          for promotion by the promotion board rec-                ‘‘(d) CONSIDERATION.—(1) In considering the
                                             retary of a military department to supple-              ommending the promotion of the person; and             record and information on a person under
                                             ment the regulations prescribed pursuant to               ‘‘(B) shall not be forwarded to the Sec-             this section, the special selection review
                                             paragraph (1) may not take effect without               retary of Defense, the President, or the Sen-          board shall compare such record and infor-
                                             the approval of the Secretary of Defense, in            ate, as applicable, or included on a pro-              mation with an appropriate sampling of the
                                             writing.                                                motion list under section 14308(a) of this             records of those officers of the same com-
                                                ‘‘(h) PROMOTION BOARD DEFINED.—In this               title.                                                 petitive category who were recommended for
                                             section, the term ‘promotion board ’means a               ‘‘(b) CONVENING.—(1) Any special selection           promotion by the promotion board that rec-
                                             selection board convened by the Secretary of            review board convened under this section               ommended the person for promotion, and an
                                             a military department under section 611(a) of           shall be convened in accordance with the               appropriate sampling of the records of those
                                             this title.’’.                                          provisions of section 14502(b)(2) of this title.       officers who were considered by and not rec-
                                                (2) CLERICAL AMENDMENT.—The table of                   ‘‘(2) Any special selection review board             ommended for promotion by that promotion
                                             sections at the beginning of subchapter III of          convened under this section may review such            board.
                                             chapter 36 of such title is amended by insert-          number of persons, and recommendations for               ‘‘(2) Records and information shall be pre-
                                             ing after the item relating to section 628 the          promotion of such persons, as the Secretary            sented to a special selection review board for
                                             following new item:                                     of the military department concerned shall             purposes of paragraph (1) in a manner that
                                             ‘‘628a. Special selection review boards.’’.             specify in convening such special selection            does not indicate or disclose the person or
                                                (3) DELAY IN PROMOTION.—Section 624(d) of            review board.                                          persons for whom the special selection re-
                                             such title is amended—                                    ‘‘(c) INFORMATION CONSIDERED.—(1) In re-             view board was convened.
                                                (A) in paragraph (1)—                                viewing a person and recommending whether                ‘‘(3) In considering whether the rec-
                                                (i) in subparagraph (D), by striking ‘‘or’’ at       the recommendation for promotion of the                ommendation for promotion of a person
                                             the end;                                                person should be sustained under this sec-             should be sustained under this section, a spe-
                                                                                                     tion, a special selection review board con-            cial selection review board shall, to the
                                                (ii) in subparagraph (E), by striking the pe-
                                                                                                     vened under this section shall be furnished            greatest extent practicable, apply standards
                                             riod at the end and inserting ‘‘; or’’; and
                                                                                                     and consider the following:                            used by the promotion board that rec-
                                                (iii) by inserting after subparagraph (E)
                                                                                                       ‘‘(A) The record and information con-                ommended the person for promotion.
                                             the following new subparagraph (F):
                                                                                                     cerning the person furnished in accordance               ‘‘(4) The recommendation for promotion of
                                                ‘‘(F) the Secretary of the military depart-
                                                                                                     with section 14107(a)(2) of this title to the          a person may be sustained under this section
                                             ment concerned determines that credible in-
                                                                                                     promotion board that recommended the per-              only if the special selection review board de-
                                             formation of an adverse nature, including a
                                                                                                     son for promotion.                                     termines that the person—
                                             substantiated adverse finding or conclusion
                                                                                                       ‘‘(B) Any credible information of an ad-               ‘‘(A) ranks on an order of merit created by
                                             described in section 615(a)(3)(A) of this title,
                                                                                                     verse nature on the person, including any              the special selection review board as better
                                             with respect to the officer will result in the
                                                                                                     substantiated adverse finding or conclusion            qualified for promotion than the sample offi-
                                             convening of a special selection review board
                                                                                                     from an officially documented investigation            cer highest on the order of merit list who
                                             under section 628a of this title to review the
                                                                                                     or inquiry described in section 14107(a)(3)(A)         was considered by and not recommended for
                                             officer and recommend whether the rec-
                                                                                                     of this title.                                         promotion by the promotion board con-
                                             ommendation for promotion of the officer                  ‘‘(2) The furnishing of information to a spe-        cerned; and
                                             should be sustained.’’;                                 cial selection review board under paragraph              ‘‘(B) is comparable in qualification for pro-
                                                (B) by redesignating paragraphs (3) and (4)          (1)(B) shall be governed by the standards and          motion to those sample officers who were
                                             as paragraphs (4) and (5), respectively;                procedures referred to in paragraph (3)(B) of          recommended for promotion by that pro-
                                                (C) by inserting after paragraph (2) the fol-        section 14107(a) of this title applicable to the       motion board.
                                             lowing new paragraph (3):                               furnishing of information described in para-             ‘‘(5) A recommendation for promotion of a
                                                ‘‘(3) In the case of an officer whose pro-           graph (3)(A) of such section to promotion              person may be sustained under this section
                                             motion is delayed pursuant to paragraph                 boards in accordance with that section.
                                             (1)(F) and whose recommendation for pro-                                                                       only by a vote of a majority of the members
                                                                                                       ‘‘(3)(A) Before information on person de-            of the special selection review board.
                                             motion is sustained, authorities for the pro-           scribed in paragraph (1)(B) is furnished to a            ‘‘(6) If a special selection review board does
                                             motion of the officer are specified in section          special selection review board for purposes of         not sustain a recommendation for promotion
                                             628a(f) of this title.’’; and                           this section, the Secretary of the military            of a person under this section, the person
                                                (D) in paragraph (4), as redesignated by             department concerned shall ensure that—                shall be considered to have failed of selection
                                             subparagraph (B)—                                         ‘‘(i) such information is made available to          for promotion.
                                                (i) by striking ‘‘The appointment’’ and in-          the person; and                                          ‘‘(e) REPORTS.—(1) Each special selection
                                             serting ‘‘(A) Except as provided in subpara-              ‘‘(ii) subject to subparagraphs (C) and (D),         review board convened under this section
                                             graph (B), the appointment’’; and                       the person is afforded a reasonable oppor-             shall submit to the Secretary of the military
                                                (ii) by adding at the end the following new          tunity to submit comments on such informa-             department concerned a written report,
                                             subparagraph:                                           tion to the special selection review board be-         signed by each member of the board, con-
                                                ‘‘(B) In the case of an officer whose pro-           fore its review of the person and the rec-             taining the name of each person whose rec-
                                             motion is delayed pursuant to paragraph                 ommendation for promotion of the person                ommendation for promotion it recommends
                                             (1)(F), requirements applicable to notice and           under this section.                                    for sustainment and certifying that the
                                             opportunity for response to such delay are                ‘‘(B) If information on an officer described         board has carefully considered the record
                                             specified in section 628a(c)(3) of this title.’’.       in paragraph (1)(B) is not made available to
                                                (b) RESERVE OFFICERS.—                                                                                      and information of each person whose name
                                                                                                     the person as otherwise required by subpara-           was referred to it.
                                                (1) IN GENERAL.—Chapter 1407 of title 10,            graph (A)(i) due to the classification status            ‘‘(2) The provisions of sections 14109(c),
                                             United States Code, is amended by inserting             of such information, the person shall, to the          14110, and 14111 of this title apply to the re-
                                             after section 14502 the following new section:          maximum extent practicable, be furnished a             port and proceedings of a special selection
                                             ‘‘§ 14502a. Special selection review boards             summary of such information appropriate to             review board convened under this section in
                                                ‘‘(a) IN GENERAL.—(1) If the Secretary of            the person’s authorization for access to clas-         the same manner as they apply to the report
                                             the military department concerned deter-                sified information.                                    and proceedings of a promotion board con-
                                             mines that a person recommended by a pro-                 ‘‘(C)(i) An opportunity to submit com-               vened under section 14101(a) of this title.
                                             motion board for promotion to a grade at or             ments on information is not required for a               ‘‘(f) APPOINTMENT OF PERSONS.—(1) If the
                                             below the grade of major general or rear ad-            person under subparagraph (A)(ii) if—                  report of a special selection review board
                                             miral in the Navy is the subject of credible              ‘‘(I) such information was made available            convened under this section recommends the
                                             information of an adverse nature, including             to the person in connection with the fur-              sustainment of the recommendation for pro-
                                             any substantiated adverse finding or conclu-            nishing of such information under section              motion to the next higher grade of a person
                                             sion described in section 14107(a)(3)(A) of this        14107(a) of this title to the promotion board          whose name was referred to it for review
                                             title, that was not furnished to the pro-               that recommended the promotion of the per-             under this section, and the President ap-
                                             motion board during its consideration of the            son subject to review under this section; and          proves the report, the person shall, as soon
                                             person for promotion as otherwise required                ‘‘(II) the person submitted comments on              as practicable, be appointed to that grade in
                                             by such section, the Secretary shall convene            such information to that promotion board.              accordance with section 14308 of this title.
                                             a special selection review board under this               ‘‘(ii) The comments on information of a                ‘‘(2) A person who is appointed to the next
                                             section to review the person and recommend              person described in clause (i)(II) shall be fur-       higher grade as described in paragraph (1)
                                             whether the recommendation for promotion                nished to the special selection review board.          shall, upon that appointment, have the same
                                             of the person should be sustained.                        ‘‘(D) A person may waive either or both of           date of rank, the same effective date for the




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                                                ‘‘(2) If a person and the recommendation             the following:                                         pay and allowances of that grade, and the
                                             for promotion of the person is subject to re-             ‘‘(i) The right to submit comments to a              same position on the reserve active-status
                                             view under this section by a special selection          special selection review board under sub-              list as the person would have had pursuant
                                             review board convened under this section,               paragraph (A)(ii).                                     to the original recommendation for pro-
                                             the name of the person—                                   ‘‘(ii) The furnishing of comments to a spe-          motion of the promotion board concerned.
                                                ‘‘(A) shall not be disseminated or publicly          cial selection review board under subpara-               ‘‘(g) REGULATIONS.—(1) The Secretary of
                                             released on the list of officers recommended            graph (C)(ii).                                         Defense shall prescribe regulations to carry




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                                             June 29, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                      S3769
                                             out this section. Such regulations shall                cember 20, 2019, and shall, except as provided            (2) by inserting ‘‘or separation’’ after ‘‘re-
                                             apply uniformly across the military depart-             in paragraph (2), apply with respect to the            tirement’’; and
                                             ments.                                                  proceedings of promotion selection boards                 (3) by striking ‘‘an officer who is appointed
                                                ‘‘(2) Any regulation prescribed by the Sec-          convened under section 611(a) of title 10,             or designated as a chaplain’’ and inserting
                                             retary of a military department to supple-              United States Code, after that date.                   ‘‘any officer other than a health professions
                                             ment the regulations prescribed pursuant to                ‘‘(2) DELAYED APPLICABILITY FOR BOARDS              officer described in subsection (b)(2)’’.
                                             paragraph (1) may not take effect without               FOR PROMOTION TO NON-GENERAL AND FLAG OF-                 (d) RETIREMENT OR SEPARATION BASED ON
                                             the approval of the Secretary of Defense, in            FICER GRADES.—The amendments made this                 YEARS OF CREDITABLE SERVICE.—Such sec-
                                             writing.                                                section shall apply with respect to the pro-           tion is further amended by adding at the end
                                                ‘‘(h) PROMOTION BOARD DEFINED.—In this               ceedings of promotion selection boards con-            the following new subsection:
                                             section, the term ‘promotion board ’means a             vened under section 611(a) of title 10, United            ‘‘(e) RETIREMENT OR SEPARATION BASED ON
                                             selection board convened by the Secretary of            States Code, for consideration of officers for         YEARS OF CREDITABLE SERVICE.—The fol-
                                             a military department under section 14101(a)            promotion to a grade below the grade of brig-          lowing rules shall apply to a regular commis-
                                             of this title.’’.                                       adier general or, in the case of the Navy,             sioned officer who is to be retired or sepa-
                                                (2) CLERICAL AMENDMENT.—The table of                 rear admiral (lower half), only if such boards         rated under subsection (a):
                                             sections at the beginning of chapter 1407 of            are so convened after January 1, 2021.’’.                 ‘‘(1) If the officer has at least 6 but fewer
                                             such title is amended by inserting after the               (d) REQUIREMENTS FOR FURNISHING AD-                 than 20 years of creditable service, the offi-
                                             item relating to section 14502 the following            VERSE INFORMATION ON RESERVE OFFICERS TO               cer shall be separated, with separation pay
                                             new item:                                               PROMOTION       SELECTION       BOARDS.—Section        computed under section 1174(d)(1) of this
                                             ‘‘14502a. Special selection review boards.’’.           14107(a)(3) of title 10, United States Code, is        title.
                                                (3) DELAY IN PROMOTION.—Section 14311 of             amended—                                                  ‘‘(2) If the officer has fewer than 6 years of
                                             such title is amended—                                     (1) by inserting ‘‘(A)’’ after ‘‘(3)’’;             creditable service, the officer shall be sepa-
                                                (A) in subsection (a)—                                  (2) in subparagraph (A), as designated by           rated under subsection (a).’’.
                                                (i) in paragraph (1), by adding at the end           paragraph (1), by striking ‘‘colonel, or, in the       SEC. 507. CLARIFYING AND IMPROVING RESTATE-
                                             the following new subparagraph:                         case of the Navy, captain’’ and inserting                          MENT OF RULES ON THE RETIRED
                                                ‘‘(F) The Secretary of the military depart-          ‘‘lieutenant colonel, or, in the case of the                       GRADE OF COMMISSIONED OFFI-
                                             ment concerned determines that credible in-             Navy, commander’’; and                                             CERS.
                                             formation of adverse nature, including a sub-              (3) by adding at the end the following new            (a) RESTATEMENT.—
                                             stantiated adverse finding or conclusion de-            subparagraphs                                            (1) IN GENERAL.—Chapter 69 of title 10,
                                             scribed in section 14107(a)(3)(A) of this title,           ‘‘(B) The standards and procedures referred         United States Code, is amended by striking
                                             with respect to the officer will result in the          to in subparagraph (A) shall require the fur-          section 1370 and inserting the following new
                                             convening of a special selection review board           nishing to the selection board, and to each            sections:
                                             under section 14502a of this title to review            individual member of the board, the informa-           ‘‘§ 1370. Regular commissioned officers
                                             the officer and recommend whether the rec-              tion described in that subparagraph with re-              ‘‘(a) RETIREMENT IN HIGHEST GRADE IN
                                             ommendation for promotion of the officer                gard to an officer in a grade specified in that        WHICH SERVED SATISFACTORILY.—
                                             should be sustained.’’; and                             subparagraph at each stage or phase of the                ‘‘(1) IN GENERAL.—Unless entitled to a dif-
                                                (ii) by adding at the end the following new          selection board, concurrent with the screen-           ferent retired grade under some other provi-
                                             paragraph:                                              ing, rating, assessment, evaluation, discus-           sion of law, a commissioned officer (other
                                                ‘‘(2) In the case of an officer whose pro-           sion, or other consideration by the board or           than a commissioned warrant officer) of the
                                             motion is delayed pursuant to paragraph                 member of the official military personnel              Army, Navy, Air Force, Marine Corps, or
                                             (1)(F) and whose recommendation for pro-                file of the officer, or of the officer.
                                             motion is sustained, authorities for the pro-                                                                  Space Force who retires under any provision
                                                                                                        ‘‘(C) With respect to the consideration of
                                             motion of the officer are specified in section                                                                 of law other than chapter 61 or 1223 of this
                                                                                                     an officer for promotion to a grade at or
                                             14502a(f) of this title.’’; and                                                                                title shall be retired in the highest perma-
                                                                                                     below major general or, in the Navy, rear ad-
                                                (B) in subsection (c), by adding at the end                                                                 nent grade in which such officer is deter-
                                                                                                     miral, the requirements in subparagraphs (A)
                                             the following new paragraph:                                                                                   mined to have served on active duty satisfac-
                                                                                                     and (B) may be met through the convening
                                                ‘‘(3) Notwithstanding paragraphs (1) and                                                                    torily.
                                                                                                     and actions of a special selection board with
                                             (2), in the case of an officer whose promotion                                                                    ‘‘(2) DETERMINATION OF SATISFACTORY SERV-
                                                                                                     respect to the officer under section 14502a of
                                             is delayed pursuant to subsection (a)(1)(F),                                                                   ICE.—The determination of satisfactory serv-
                                                                                                     this title.’’.
                                             requirements applicable to notice and oppor-                                                                   ice of an officer in a grade under paragraph
                                                                                                     SEC. 505. NUMBER OF OPPORTUNITIES FOR CON-
                                             tunity for response to such delay are speci-                        SIDERATION   FOR   PROMOTION
                                                                                                                                                            (1) shall be made as follows:
                                             fied in section 14502a(c)(3) of this title.’’.                      UNDER ALTERNATIVE PROMOTION                   ‘‘(A) By the Secretary of the military de-
                                                (c) REQUIREMENTS FOR FURNISHING AD-                              AUTHORITY.                                 partment concerned, if the officer is serving
                                             VERSE INFORMATION ON REGULAR OFFICERS TO                  Section 649c of title 10, United States Code,        in a grade at or below the grade of major
                                             PROMOTION SELECTION BOARDS.—                            is amended—                                            general, rear admiral in the Navy, or the
                                                (1) EXTENSION OF REQUIREMENTS TO SPACE                 (1) by redesignating subsection (d) as sub-          equivalent grade in the Space Force.
                                             FORCE      REGULAR     OFFICERS.—Subparagraph           section (e); and                                          ‘‘(B) By the Secretary of Defense, if the of-
                                             (B)(i) of section 615(a)(3) of title 10, United           (2) by inserting after subsection (c) the fol-       ficer is serving or has served in a grade above
                                             States Code, is amended by striking ‘‘or, in            lowing new subsection (d):                             the grade of major general, rear admiral in
                                             the case of the Navy, lieutenant’’ and insert-            ‘‘(d) INAPPLICABILITY OF REQUIREMENT RE-             the Navy, or the equivalent grade in the
                                             ing ‘‘, in the case of the Navy, lieutenant, or         LATING TO OPPORTUNITIES FOR CONSIDERATION              Space Force.
                                             in the case of the Space Force, the equiva-             FOR PROMOTION.—Section 645(1)(A)(i)(I) of                 ‘‘(3) EFFECT OF MISCONDUCT IN LOWER GRADE
                                             lent grade’’.                                           this title shall not apply to the promotion of         IN DETERMINATION.—If the Secretary of a
                                                (2)    SATISFACTION       OF   REQUIREMENTS          officers described in subsection (a) to the ex-        military department or the Secretary of De-
                                             THROUGH   SPECIAL     SELECTION     REVIEW              tent that such section is inconsistent with a          fense, as applicable, determines that an offi-
                                             BOARDS.—Such section is further amended by              number of opportunities for promotion speci-           cer committed misconduct in a lower grade
                                             adding at the end the following new subpara-            fied pursuant to section 649d of this title.’’.        than the retirement grade otherwise pro-
                                             graph:                                                  SEC. 506. MANDATORY RETIREMENT FOR AGE.                vided for the officer by this section—
                                               ‘‘(D) With respect to the consideration of              (a) GENERAL RULE.—Subsection (a) of sec-                ‘‘(A) such Secretary may deem the officer
                                             an officer for promotion to a grade at or               tion 1251 of title 10, United States Code, is          to have not served satisfactorily in any
                                             below major general, in the case of the Navy,           amended—                                               grade equal to or higher than such lower
                                             rear admiral, or, in the case of the Space                 (1) by inserting ‘‘Space Force,’’ after ‘‘or        grade for purposes of determining the retire-
                                             Force, the equivalent grade, the require-               Marine Corps,’’; and                                   ment grade of the officer under this section;
                                             ments in subparagraphs (A) and (C) may be                  (2) by inserting ‘‘or separated, as specified       and
                                             met through the convening and actions of a              in subsection (e),’’ after ‘‘shall be retired’’.          ‘‘(B) the grade next lower to such lower
                                             special selection review board with respect                (b) DEFERRED RETIREMENT OR SEPARATION               grade shall be the retired grade of the officer
                                             to the officer under section 628a of this               OF HEALTH PROFESSIONS OFFICERS.—Sub-                   under this section.
                                             title.’’.                                               section (b) of such section is amended—                   ‘‘(4) NATURE OF RETIREMENT OF CERTAIN RE-
                                               (3) DELAYED APPLICABILITY OF REQUIRE-                    (1) in the subsection heading, by inserting         SERVE OFFICERS AND OFFICERS IN TEMPORARY
                                             MENTS TO BOARDS FOR PROMOTION OF OFFICERS               ‘‘OR SEPARATION’’ after ‘‘RETIREMENT’’; and            GRADES.—A reserve officer, or an officer ap-
                                             TO NON-GENERAL AND FLAG OFFICER GRADES.—                   (2) in paragraph (1), by inserting ‘‘or sepa-       pointed to a position under section 601 of




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                                             Subsection (c) of section 502 of the National           ration’’ after ‘‘retirement’’.                         this title, who is notified that the officer will
                                             Defense Authorization Act for Fiscal Year                  (c) DEFERRED RETIREMENT OR SEPARATION               be released from active duty without the of-
                                             2020 (Public Law 116–92) is amended to read             OF OTHER OFFICERS.—Subsection (c) of such              ficer’s consent and thereafter requests re-
                                             as follows:                                             section is amended—                                    tirement under section 7311, 8323, or 9311 of
                                               ‘‘(c) EFFECTIVE DATE AND APPLICABILITY.—                 (1) in the subsection heading, by striking          this title and is retired pursuant to that re-
                                               ‘‘(1) EFFECTIVE DATE.—The amendments                  ‘‘OF CHAPLAINS’’ and inserting ‘‘OR SEPARA-            quest is considered for purposes of this sec-
                                             made by this section shall take effect on De-           TION OF OTHER OFFICERS’’;                              tion to have been retired involuntarily.




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                                             S3770                                             CONGRESSIONAL RECORD — SENATE                                                          June 29, 2020
                                              ‘‘(5) NATURE OF RETIREMENT OF CERTAIN RE-              eral in the Army, Air Force, or Marine                   ‘‘(d) CONDITIONAL RETIREMENT GRADE AND
                                             MOVED OFFICERS.—An officer retired pursu-               Corps, rear admiral (lower half) or rear ad-           RETIREMENT FOR OFFICERS PENDING INVES-
                                             ant to section 1186(b)(1) of this title is con-         miral in the Navy, or an equivalent grade in           TIGATION OR ADVERSE ACTION.—
                                             sidered for purposes of this section to have            the Space Force, the number equal to 10 per-             ‘‘(1) IN GENERAL.—When an officer serving
                                             been retired voluntarily.                               cent of the authorized active-duty strength            in a grade at or below the grade of major
                                               ‘‘(b) RETIREMENT OF OFFICERS RETIRING                 for that fiscal year for officers of that armed        general in the Army, Air Force, or Marine
                                             VOLUNTARILY.—                                           force in the applicable grade.                         Corps, rear admiral in the Navy, or an equiv-
                                               ‘‘(1) SERVICE-IN-GRADE REQUIREMENT.—In                  ‘‘(6) NOTICE TO CONGRESS ON REDUCTION OR             alent grade in the Space Force is under in-
                                             order to be eligible for voluntary retirement           WAIVER OF REQUIREMENTS FOR GENERAL, FLAG,              vestigation for alleged misconduct or pend-
                                             under any provision of this title in a grade            AND EQUIVALENT OFFICER GRADES.—In the                  ing the disposition of an adverse personnel
                                             above the grade of captain in the Army, Air             case of an officer to be retired in a grade            action at the time of retirement, the Sec-
                                             Force, or Marine Corps, lieutenant in the               that is a general or flag officer grade, or an         retary of the military department concerned
                                             Navy, or the equivalent grade in the Space              equivalent grade in the Space Force, who is            may—
                                             Force, a commissioned officer of the Army,              eligible to retire in that grade only by rea-            ‘‘(A) conditionally determine the highest
                                             Navy, Air Force, Marine Corps, or Space                                                                        permanent grade of satisfactory service on
                                                                                                     son of an exercise of the authority in para-
                                             Force must have served on active duty in                                                                       active duty of the officer pending completion
                                                                                                     graph (1) to reduce the service-in-grade re-
                                             that grade for a period of not less than three                                                                 of the investigation or resolution of the per-
                                                                                                     quirement in that paragraph, or the author-
                                             years, except that—                                                                                            sonnel action, as applicable; and
                                                                                                     ity in paragraph (3) to waive that require-
                                               ‘‘(A) subject to subsection (c), the Sec-                                                                      ‘‘(B) retire the officer in that conditional
                                                                                                     ment, the Secretary of Defense or the Presi-
                                             retary of Defense may reduce such period to                                                                    grade, subject to subsection (e).
                                             a period of not less than two years for any             dent, as applicable, shall, not later than 60
                                                                                                                                                              ‘‘(2) OFFICERS IN O–9 AND O–10 GRADES.—
                                             officer; and                                            days prior to the date on which the officer
                                                                                                                                                            When an officer described by subsection
                                               ‘‘(B) in the case of an officer to be retired         will be retired in that grade, notify the Com-
                                                                                                                                                            (c)(1) is under investigation for alleged mis-
                                             in a grade at or below the grade of major               mittees on Armed Services of the Senate and            conduct or pending the disposition of an ad-
                                             general in the Army, Air Force, or Marine               the House of Representatives of the exercise           verse personnel action at the time of retire-
                                             Corps, rear admiral in the Navy, or an equiv-           of the applicable authority with respect to            ment, the Secretary of Defense may—
                                             alent grade in the Space Force, the Sec-                that officer.                                            ‘‘(A) conditionally determine the highest
                                             retary of Defense may authorize the Sec-                  ‘‘(7) RETIREMENT IN NEXT LOWEST GRADE                permanent grade of satisfactory service on
                                             retary of the military department concerned             FOR OFFICERS NOT MEETING REQUIREMENT.—An               active duty of the officer, pending comple-
                                             to reduce such period to a period of not less           officer described in paragraph (1) whose               tion of the investigation or personnel action,
                                             than two years.                                         length of service in the highest grade held by         as applicable; and
                                               ‘‘(2) LIMITATION ON DELEGATION.—The au-               the officer while on active duty does not                ‘‘(B) retire the officer in that conditional
                                             thority of the Secretary of Defense in sub-             meet the period of the service-in-grade re-            grade, subject to subsection (e).
                                             paragraph (A) of paragraph (1) may not be               quirement applicable to the officer under                ‘‘(3) REDUCTION OR WAIVER OF SERVICE-IN-
                                             delegated. The authority of the Secretary of            this subsection shall, subject to subsection           GRADE REQUIREMENT PROHIBITED FOR GEN-
                                             a military department in subparagraph (B) of            (c), be retired in the next lower grade in             ERAL,     FLAG,   AND    EQUIVALENT    OFFICER
                                             paragraph (1), as delegated to such Secretary           which the officer served on active duty satis-         GRADES.—In conditionally determining the
                                             pursuant to such subparagraph, may not be               factorily, as determined by the Secretary of           retirement grade of an officer under para-
                                             further delegated.                                      the military department concerned or the               graph (1)(A) or (2)(A) of this subsection to be
                                               ‘‘(3) WAIVER OF REQUIREMENT.—Subject to               Secretary of Defense, as applicable.                   a grade above the grade of colonel in the
                                             subsection (c), the President may waive the                                                                    Army, Air Force, or Marine Corps, captain in
                                                                                                       ‘‘(c) OFFICERS IN O–9 AND O–10 GRADES.—
                                             application of the service-in-grade require-                                                                   the Navy, or the equivalent grade in the
                                                                                                       ‘‘(1) IN GENERAL.—An officer of the Army,
                                             ment in paragraph (1) to officers covered by                                                                   Space Force, the service-in-grade require-
                                                                                                     Navy, Air Force, Marine Corps, or Space
                                             that paragraph in individual cases involving                                                                   ment in subsection (b)(1) may not be reduced
                                                                                                     Force who is serving or has served in a posi-
                                             extreme hardship or exceptional or unusual                                                                     pursuant to subsection (b)(1) or waived pur-
                                             circumstances. The authority of the Presi-              tion of importance and responsibility des-
                                                                                                                                                            suant to subsection (b)(3).
                                             dent under this paragraph may not be dele-              ignated by the President to carry the grade
                                                                                                                                                              ‘‘(4) PROHIBITION ON DELEGATION.—The au-
                                             gated.                                                  of lieutenant general or general in the Army,
                                                                                                                                                            thority of the Secretary of a military depart-
                                               ‘‘(4) LIMITATION ON REDUCTION OR WAIVER OF            Air Force, or Marine Corps, vice admiral or
                                                                                                                                                            ment under paragraph (1) may not be dele-
                                             REQUIREMENT FOR OFFICERS UNDER INVESTIGA-               admiral in the Navy, or an equivalent grade            gated. The authority of the Secretary of De-
                                             TION OR PENDING MISCONDUCT.—In the case of              in the Space Force under section 601 of this           fense under paragraph (2) may not be dele-
                                             an officer to be retired in a grade above the           title may be retired in such grade under sub-          gated.
                                             grade of colonel in the Army, Air Force, or             section (a) only after the Secretary of De-              ‘‘(e) FINAL RETIREMENT GRADE FOLLOWING
                                             Marine Corps, captain in the Navy, or the               fense certifies in writing to the President            RESOLUTION OF PENDING INVESTIGATION OR
                                             equivalent grade in the Space Force, the                and the Committees on Armed Services of                ADVERSE ACTION.—
                                             service-in-grade requirement in paragraph               the Senate and the House of Representatives              ‘‘(1) NO CHANGE FROM CONDITIONAL RETIRE-
                                             (1) may not be reduced pursuant to that                 that the officer served on active duty satis-          MENT GRADE.—If the resolution of an inves-
                                             paragraph, or waived pursuant to paragraph              factorily in such grade.                               tigation or personnel action with respect to
                                             (3), while the officer is under investigation             ‘‘(2) PROHIBITION ON DELEGATION.—The au-             an officer who has been retired in a condi-
                                             for alleged misconduct or while there is                thority of the Secretary of Defense to make            tional retirement grade pursuant to sub-
                                             pending the disposition of an adverse per-              a certification with respect to an officer             section (d) results in a determination that
                                             sonnel action against the officer.                      under paragraph (1) may not be delegated.              the conditional retirement grade in which
                                               ‘‘(5) GRADE AND FISCAL YEAR LIMITATIONS                 ‘‘(3) REQUIREMENTS IN CONNECTION WITH                the officer was retired will not be changed,
                                             ON REDUCTION OR WAIVER OF REQUIREMENTS.—                CERTIFICATION.—A certification with respect            the conditional retirement grade of the offi-
                                             The aggregate number of members of an                   to an officer under paragraph (1) shall—               cer shall, subject to paragraph (3), be the
                                             armed force in a grade for whom reductions                ‘‘(A) be submitted by the Secretary of De-           final retired grade of the officer.
                                             are made under paragraph (1), and waivers               fense such that it is received by the Presi-             ‘‘(2) CHANGE FROM CONDITIONAL RETIREMENT
                                             are made under paragraph (3), in a fiscal year          dent and the Committees on Armed Services              GRADE.—If the resolution of an investigation
                                             may not exceed—                                         of the Senate and the House of Representa-             or personnel action with respect to an officer
                                               ‘‘(A) in the case of officers to be retired in        tives not later than 60 days prior to the date         who has been retired in a conditional retire-
                                             a grade at or below the grade of major in the           on which the officer will be retired in the            ment grade pursuant to subsection (d) re-
                                             Army, Air Force, or Marine Corps, lieuten-              grade concerned;                                       sults in a determination that the conditional
                                             ant commander in the Navy, or the equiva-                 ‘‘(B) include an up-to-date copy of the mili-        retirement grade in which the officer was re-
                                             lent grade in the Space Force, the number               tary biography of the officer; and                     tired should be changed, the changed retire-
                                             equal to two percent of the authorized ac-                ‘‘(C) include the statement of the Sec-              ment grade shall be the final retired grade of
                                             tive-duty strength for that fiscal year for of-         retary as to whether or not potentially ad-            the officer under this section, except that if
                                             ficers of that armed force in that grade;               verse, adverse, or reportable information re-          the final retirement grade provided for an of-
                                               ‘‘(B) in the case of officers to be retired in        garding the officer was considered by the              ficer pursuant to this paragraph is the grade
                                             the grade of lieutenant colonel or colonel in           Secretary in making the certification.                 of lieutenant general or general in the Army,
                                             the Army, Air Force, or Marine Corps, com-                ‘‘(4) CONSTRUCTION WITH OTHER NOTICE.—In             Air Force, or Marine Corps, vice admiral or
                                             mander or captain in the Navy, or an equiva-            the case of an officer under paragraph (1) to          admiral in the Navy, or an equivalent grade




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                                             lent grade in the Space Force, the number               whom a reduction in the service-in-grade re-           in the Space Force, the requirements in sub-
                                             equal to four percent of the authorized ac-             quirement under subsection (b)(1) or waiver            section (c) shall apply in connection with the
                                             tive-duty strength for that fiscal year for of-         under subsection (b)(3) applies, the require-          retirement of the officer in such final retire-
                                             ficers of that armed force in the applicable            ment for notification under subsection (b)(6)          ment grade.
                                             grade; or                                               is satisfied if the notification is included in          ‘‘(3) RECALCULATION OF RETIRED PAY.—
                                               ‘‘(C) in the case of officers to be retired in        the certification submitted by the Secretary             ‘‘(A) IN GENERAL.—If the final retired grade
                                             the grade of brigadier general or major gen-            of Defense under paragraph (1).                        of an officer is as a result of a change under




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                                             June 29, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                      S3771
                                             paragraph (2), the retired pay of the officer           is reopened in accordance with paragraph (2),          be credited with satisfactory service in an of-
                                             under chapter 71 of this title shall be recal-          the applicable Secretary—                              ficer grade (other than a warrant officer
                                             culated accordingly, with any modification                 ‘‘(A) shall notify the officer of the reopen-       grade) below the grade of lieutenant colonel
                                             of the retired pay of the officer to go into ef-        ing; and                                               or commander (in the case of the Navy), a
                                             fect as of the date of the retirement of the               ‘‘(B) may not make an adverse determina-            person covered by subsection (a) must have
                                             officer.                                                tion on the retired grade of the officer until
                                                                                                                                                            served satisfactorily in that grade (as deter-
                                               ‘‘(B) PAYMENT OF HIGHER AMOUNT FOR PE-                the officer has had a reasonable opportunity
                                                                                                     to respond regarding the basis for the re-             mined by the Secretary of the military de-
                                             RIOD OF CONDITIONAL RETIREMENT GRADE.—If
                                                                                                     opening of the officer’s retired grade.                partment concerned) as a reserve commis-
                                             the recalculation of the retired pay of an of-
                                             ficer results in an increase in retired pay,               ‘‘(5) ADDITIONAL NOTICE ON REOPENING FOR            sioned officer in an active status, or in a re-
                                             the officer shall be paid the amount by which           OFFICERS RETIRED IN O–9 AND O-10 GRADES.—If            tired status on active duty, for not less than
                                             such increased retired pay exceeded the                 the determination of the retired grade of an           six months.
                                             amount of retired pay paid the officer for re-          officer whose retired grade was provided for             ‘‘(c) SERVICE-IN-GRADE REQUIREMENT FOR
                                             tirement in the officer’s conditional grade             pursuant to subsection (c) is reopened, the            OFFICES IN GRADES ABOVE O–4.—
                                             during the period beginning on the date of              Secretary of Defense shall also notify the               ‘‘(1) IN GENERAL.—In order to be credited
                                             the retirement of the officer in such condi-            President and the Committees on Armed                  with satisfactory service in an officer grade
                                             tional grade and ending on the effective date           Services of the Senate and the House of Rep-
                                                                                                                                                            above major or lieutenant commander (in
                                             of the change of the officer’s retired grade.           resentatives.
                                                                                                                                                            the case of the Navy), a person covered by
                                             For an officer whose retired grade is deter-               ‘‘(6) MANNER OF MAKING OF CHANGE.—If the
                                                                                                                                                            subsection (a) must have served satisfac-
                                             mined pursuant to subsection (c), the effec-            retired grade of an officer is proposed to be
                                                                                                                                                            torily in that grade (as determined by the
                                             tive date of the change of the officer’s re-            changed through the reopening of the final
                                                                                                                                                            Secretary of the military department con-
                                             tired grade for purposes of this subparagraph           determination of an officer’s retired grade
                                                                                                                                                            cerned) as a reserve commissioned officer in
                                             shall be the date that is 60 days after the             under this subsection, the change in grade
                                                                                                                                                            an active status, or in a retired status on ac-
                                             date on which the Secretary of Defense sub-             shall be made—
                                                                                                                                                            tive duty, for not less than three years.
                                             mits to the Committees on Armed Services                   ‘‘(A) in the case of an officer whose retired
                                                                                                     grade is to be changed to a grade at or below            ‘‘(2) SATISFACTION OF REQUIREMENT BY CER-
                                             of the Senate and the House of Representa-                                                                     TAIN  OFFICERS  NOT  COMPLETING   THREE
                                             tives the certification required by subsection          the grade of major general in the Army, Air
                                                                                                                                                            YEARS.—A person covered by paragraph (1)
                                             (c) in connection with the retired grade of             Force or Marine Corps, rear admiral in the
                                                                                                     Navy, or the equivalent grade in the Space             who has completed at least six months of
                                             the officer.                                                                                                   satisfactory service in grade may be credited
                                               ‘‘(C) RECOUPMENT OF OVERAGE DURING PE-                Force, in accordance with subsections (a)
                                                                                                     and (b)—                                               with satisfactory service in the grade in
                                             RIOD OF CONDITIONAL RETIREMENT GRADE.—If                                                                       which serving at the time of transfer or dis-
                                             the recalculation of the retired pay of an of-             ‘‘(i) by the Secretary of Defense (who may
                                                                                                     delegate such authority only as authorized             charge, notwithstanding failure of the person
                                             ficer results in a decrease in retired pay,                                                                    to complete three years of service in that
                                             there shall be recouped from the officer the            by clause (ii)); or
                                                                                                        ‘‘(ii) if authorized by the Secretary of De-        grade, if the person is transferred from an
                                             amount by which the amount of retired pay                                                                      active status or discharged as a reserve com-
                                             paid the officer for retirement in the offi-            fense, by the Secretary of the military de-
                                                                                                     partment concerned (who may not further                missioned officer—
                                             cer’s conditional grade exceeded such de-                                                                        ‘‘(A) solely due to the requirements of a
                                             creased retired pay during the period begin-            delegate such authority);
                                                                                                        ‘‘(B) in the case of an officer whose retired       nondiscretionary provision of law requiring
                                             ning on the date of the retirement of the of-                                                                  that transfer or discharge due to the person’s
                                             ficer in such conditional grade and ending on           grade is to be changed to the grade of lieu-
                                                                                                     tenant general or general in the Army, Air             age or years of service; or
                                             the effective date of the change of the offi-                                                                    ‘‘(B) because the person no longer meets
                                             cer’s retired grade.                                    Force, or Marine Corps, vice admiral or ad-
                                                                                                     miral in the Navy, or an equivalent grade in           the qualifications for membership in the
                                               ‘‘(f) FINALITY OF RETIRED GRADE DETER-                the Space Force, by the President, by and              Ready Reserve solely because of a physical
                                             MINATIONS.—                                                                                                    disability, as determined, at a minimum, by
                                                                                                     with the advice and consent of the Senate.
                                               ‘‘(1) IN GENERAL.—Except for a conditional               ‘‘(7) RECALCULATION OF RETIRED PAY.—If              a medical evaluation board and at the time
                                             determination authorized by subsection (d),             the final retired grade of an officer is               of such transfer or discharge the person (pur-
                                             a determination of the retired grade of an of-          changed through the reopening of the offi-             suant to section 12731b of this title or other-
                                             ficer pursuant to this section is administra-           cer’s retired grade under this subsection, the         wise) meets the service requirements estab-
                                             tively final on the day the officer is retired,         retired pay of the officer under chapter 71 of         lished by section 12731(a) of this title for eli-
                                             and may not be reopened, except as provided             this title shall be recalculated. Any modi-            gibility for retired pay under chapter 1223 of
                                             in paragraph (2).                                       fication of the retired pay of the officer as a        this title, unless the disability is described
                                               ‘‘(2) REOPENING.—A final determination of             result of the change shall go into effect on           in section 12731b of this title.
                                             the retired grade of an officer may be re-              the effective date of the change of the offi-            ‘‘(3) REDUCTION IN SERVICE-IN-GRADE RE-
                                             opened as follows:                                                                                             QUIREMENTS.—
                                                                                                     cer’s retired grade, and the officer shall not
                                               ‘‘(A) If the retirement or retired grade of           be entitled or subject to any changed                    ‘‘(A) OFFICERS IN GRADES BELOW GENERAL
                                             the officer was procured by fraud.                                                                             AND FLAG OFFICER GRADES.—In the case of a
                                                                                                     amount of retired pay for any period before
                                               ‘‘(B) If substantial evidence comes to light          such effective date. An officer whose retired          person to be retired in a grade below briga-
                                             after the retirement that could have led to             grade is changed as provided in paragraph              dier general or rear admiral (lower half) in
                                             determination of a different retired grade              (6)(B) shall not be entitled or subject to a           the Navy, the Secretary of Defense may au-
                                             under this section if known by competent                change in retired pay for any period before            thorize the Secretary of a military depart-
                                             authority at the time of retirement.                    the date on which the Senate provides advice           ment to reduce, subject to subparagraph (B),
                                               ‘‘(C) If a mistake of law or calculation was          and consent for the retirement of the officer          the three-year period of service-in-grade re-
                                             made in the determination of the retired                in such grade.                                         quired by paragraph (1) to a period not less
                                             grade.                                                     ‘‘(g) HIGHEST PERMANENT GRADE DE-                   than two years. The authority of the Sec-
                                               ‘‘(D) If the applicable Secretary deter-              FINED.—In this section, the term ‘highest              retary of a military department under this
                                             mines, pursuant to regulations prescribed by            permanent grade’ means a grade at or below             subparagraph may not be delegated.
                                             the Secretary of Defense, that good cause ex-           the grade of major general in the Army, Air              ‘‘(B) LIMITATION.—The number of reserve
                                             ists to reopen the determination of retired             Force, or Marine Corps, rear admiral in the            commissioned officers of an armed force in
                                             grade.                                                  Navy, or an equivalent grade in the Space              the same grade for whom a reduction is made
                                               ‘‘(3) APPLICABLE SECRETARY.—For purposes              Force.                                                 under subparagraph (A) during any fiscal
                                             of this subsection, the applicable Secretary            ‘‘§ 1370a. Officers entitled to retired pay for        year in the period of service-in-grade other-
                                             for purposes of a determination or action                  non-regular service                                 wise required by paragraph (1) may not ex-
                                             specified in this subsection is—                           ‘‘(a) RETIREMENT IN HIGHEST GRADE HELD              ceed the number equal to 2 percent of the
                                               ‘‘(A) the Secretary of the military depart-           SATISFACTORILY.—Unless entitled to a dif-              strength authorized for that fiscal year for
                                             ment concerned, in the case of an officer re-           ferent grade, or to credit for satisfactory            reserve commissioned officers of that armed
                                             tired in a grade at or below the grade of               service in a different grade under some other          force in an active status in that grade.
                                             major general in the Army, Air Force, or                provision of law, a person who is entitled to            ‘‘(C) OFFICERS IN GENERAL AND FLAG OFFI-
                                             Marine Corps, rear admiral in the Navy, or              retired pay under chapter 1223 of this title           CERS GRADES.—The Secretary of Defense may
                                             the equivalent grade in the Space Force; or             shall, upon application under section 12731 of         reduce the three-year period of service-in-
                                               ‘‘(B) the Secretary of Defense, in the case           this title, be credited with satisfactory serv-        grade required by paragraph (1) to a period




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                                             of an officer retired in a grade of lieutenant          ice in the highest permanent grade in which            not less than two years for any person, in-
                                             general or general in the Army, Air Force, or           that person served satisfactorily at any time          cluding a person who, upon transfer to the
                                             Marine Corps, vice admiral or admiral in the            in the armed forces, as determined by the              Retired Reserve or discharge, is to be cred-
                                             Navy, or an equivalent grade in the Space               Secretary of the military department con-              ited with satisfactory service in a general or
                                             Force.                                                  cerned in accordance with this section.                flag officer grade under that paragraph. The
                                               ‘‘(4) NOTICE AND LIMITATION.—If a final de-              ‘‘(b) SERVICE-IN-GRADE REQUIREMENT FOR              authority of the Secretary of Defense under
                                             termination of the retired grade of an officer          OFFICERS IN GRADES BELOW O–5.—In order to              this subparagraph may not be delegated.




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                                             S3772                                             CONGRESSIONAL RECORD — SENATE                                                           June 29, 2020
                                               ‘‘(D) NOTICE TO CONGRESS ON REDUCTION IN              REQUIREMENTS.—A person whose length of                 ‘chapter 71’ of this title shall be deemed to
                                             SERVICE-IN-GRADE REQUIREMENTS FOR GEN-                  service in the highest grade held does not             be a reference to ‘chapter 1223 of this title’.
                                             ERAL AND FLAG OFFICER GRADES.—In the case               meet the service-in-grade requirements spec-              ‘‘(g) FINALITY OF RETIRED GRADE DETER-
                                             of a person to be credited under this section           ified in this subsection shall be credited with        MINATIONS.—
                                             with satisfactory service in a grade that is a          satisfactory service in the next lower grade              ‘‘(1) IN GENERAL.—Except for a conditional
                                             general or flag officer grade who is eligible           in which that person served satisfactorily (as         determination authorized by subsection (e),
                                             to be credited with such service in that grade          determined by the Secretary of the military            a determination of the retired grade of a per-
                                             only by reason of an exercise of authority in           department concerned) for not less than six            son pursuant to this section is administra-
                                             subparagraph (C) to reduce the three-year               months.                                                tively final on the day the person is retired,
                                             service-in-grade requirement otherwise ap-                 ‘‘(d) OFFICERS IN O–9 AND O–10 GRADES.—             and may not be reopened.
                                             plicable under paragraph (1), the Secretary                ‘‘(1) IN GENERAL.—A person covered by this             ‘‘(2) REOPENING.—A determination of the
                                             of Defense shall, not later than 60 days prior          section in the Army, Navy, Air Force, or Ma-           retired grade of a person may be reopened in
                                             to the date on which the person will be cred-           rine Corps who is serving or has served in a           accordance with applicable provisions of sec-
                                             ited with such satisfactory service in that             position of importance and responsibility              tion 1370(f) of this title. In the application of
                                             grade, notify the Committees on Armed                   designated by the President to carry the               such section 1370(f) for purposes of this sub-
                                             Services of the Senate and the House of Rep-            grade of lieutenant general or general in the          section, any reference to a provision of sec-
                                             resentatives of the exercise of authority in            Army, Air Force, or Marine Corps, or vice              tion 1370 of this title shall be deemed to be
                                             subparagraph (C) with respect to that per-              admiral or admiral in the Navy under sec-              a reference to the analogous provision of this
                                             son.                                                    tion 601 of this title may be retired in such          section. In the application of paragraph (7) of
                                               ‘‘(4) OFFICERS SERVING IN GRADES ABOVE O–             grade under subsection (a) only after the              such section 1370(f) for purposes of this para-
                                             6 INVOLUNTARILY TRANSFERRED FROM ACTIVE                 Secretary of Defense certifies in writing to           graph, the reference to ‘chapter 71 of this
                                             STATUS.—A person covered by paragraph (1)               the President and the Committees on Armed              title’ shall be deemed to be a reference to
                                             who has completed at least six months of                Services of the Senate and the House of Rep-           ‘chapter 1223 of this title’.
                                             satisfactory service in a grade above colonel           resentatives that the officer served satisfac-            ‘‘(h) HIGHEST PERMANENT GRADE DE-
                                             or (in the case of the Navy) captain and,               torily in such grade.                                  FINED.—In this section, the term ‘highest
                                             while serving in an active status in such                  ‘‘(2) PROHIBITION ON DELEGATION.—The au-            permanent grade’ means a grade at or below
                                             grade, is involuntarily transferred (other              thority of the Secretary of Defense to make            the grade of major general in the Army, Air
                                             than for cause) from active status may be               a certification with respect to an officer             Force, or Marine Corps or rear admiral in
                                             credited with satisfactory service in the               under paragraph (1) may not be delegated.              the Navy.’’.
                                             grade in which serving at the time of such                 ‘‘(3) REQUIREMENTS IN CONNECTION WITH                  (2) CLERICAL AMENDMENT.—The table of
                                             transfer, notwithstanding failure of the per-           CERTIFICATION.—A certification with respect            sections at the beginning of chapter 69 of
                                             son to complete three years of service in               to an officer under paragraph (1) shall—               title 10, United States Code, is amended by
                                             that grade.                                                ‘‘(A) be submitted by the Secretary of De-          striking the item relating to section 1370 and
                                               ‘‘(5) ADJUTANTS AND ASSISTANT ADJUTANTS               fense such that it is received by the Presi-           inserting the following new items:
                                             GENERAL.—If a person covered by paragraph               dent and the Committees on Armed Services
                                             (1) has completed at least six months of sat-                                                                  ‘‘1370. Regular commissioned officers.
                                                                                                     of the Senate and the House of Representa-             ‘‘1370a. Officers entitled to retired pay for
                                             isfactory service in grade, the person was              tives not later than 60 days prior to the date
                                             serving in that grade while serving in a posi-                                                                                 non-regular service.’’.
                                                                                                     on which the officer will be retired in the               (b) CONFORMING AND TECHNICAL AMEND-
                                             tion of adjutant general required under sec-            grade concerned;
                                             tion 314 of title 32 or while serving in a posi-                                                               MENTS TO RETIRED GRADE RULES FOR THE
                                                                                                        ‘‘(B) include an up-to-date copy of the mili-       ARMED FORCES.—
                                             tion of assistant adjutant general subordi-             tary biography of the officer; and
                                             nate to such a position of adjutant general,                                                                      (1) RETIRED PAY.—Title 10, United States
                                                                                                        ‘‘(C) include the statement of the Sec-             Code, is amended as follows:
                                             and the person has failed to complete three             retary as to whether or not potentially ad-
                                             years of service in that grade solely because                                                                     (A) In section 1406(b)(2), by striking ‘‘sec-
                                                                                                     verse, adverse, or reportable information re-          tion 1370(d)’’ and inserting ‘‘section 1370a’’.
                                             the person’s appointment to such position
                                                                                                     garding the officer was considered by the                 (B) In section 1407(f)(2)(B), by striking ‘‘by
                                             has been terminated or vacated as described
                                                                                                     Secretary in making the certification.                 reason of denial of a determination or cer-
                                             in section 324(b) of such title, the person may
                                                                                                        ‘‘(4) CONSTRUCTION WITH OTHER NOTICE.—In            tification under section 1370’’ and inserting
                                             be credited with satisfactory service in that
                                                                                                     the case of an officer under paragraph (1)             ‘‘pursuant to section 1370 or 1370a’’.
                                             grade, notwithstanding the failure of the
                                                                                                     who is eligible to be credited with service in            (2) ARMY.—Section 7341 of such title is
                                             person to complete three years of service in
                                                                                                     a grade only by reason of the exercise of the          amended—
                                             that grade.
                                                                                                     authority in subsection (c)(3)(C) to reduce               (A) by striking subsection (a) and inserting
                                               ‘‘(6) OFFICERS RECOMMENDED FOR PRO-
                                                                                                     the three-year service-in-grade requirement            the following new subsection (a):
                                             MOTION SERVING IN CERTAIN GRADE BEFORE
                                             PROMOTION.—To the extent authorized by the
                                                                                                     under subsection (c)(1), the requirement for              ‘‘(a)(1) The retired grade of a regular com-
                                             Secretary of the military department con-               notification under subsection (c)(3)(D) is sat-        missioned officer of the Army who retires
                                             cerned, a person who, after having been rec-            isfied if the notification is included in the          other than for physical disability is deter-
                                             ommended for promotion in a report of a                 certification submitted by the Secretary of            mined under section 1370 of this title.
                                             promotion board but before being promoted               Defense under paragraph (1).                              ‘‘(2) The retired grade of a reserve commis-
                                                                                                        ‘‘(e) CONDITIONAL RETIREMENT GRADE AND
                                             to the recommended grade, served in a posi-                                                                    sioned officer of the Army who retires other
                                                                                                     RETIREMENT FOR OFFICERS UNDER INVESTIGA-
                                             tion for which that grade is the minimum                                                                       than for physical disability is determined
                                                                                                     TION FOR MISCONDUCT OR PENDING ADVERSE
                                             authorized grade may be credited for pur-                                                                      under section 1370a of this title.’’; and
                                                                                                     PERSONNEL ACTION.—The retirement grade,
                                             poses of paragraph (1) as having served in                                                                        (B) in subsection (b)—
                                                                                                     and retirement, of a person covered by this
                                             that grade for the period for which the per-            section who is under investigation for al-                (i) by striking ‘‘he’’ and inserting ‘‘the
                                             son served in that position while in the next           leged misconduct or pending the disposition            member’’; and
                                             lower grade. The period credited may not in-            of an adverse personnel action at the time of             (ii) by striking ‘‘his’’ and inserting ‘‘the
                                             clude any period before the date on which               retirement is as provided for by section               member’s’’.
                                             the Senate provides advice and consent for              1370(d) of this title. In the application of              (3) NAVY AND MARINE CORPS.—Such title is
                                             the appointment of that person in the rec-              such section 1370(d) for purposes of this sub-         further amended as follows:
                                             ommended grade.                                         section, any reference ‘active duty’ shall be             (A) In section 8262(a), by striking ‘‘sections
                                               ‘‘(7) OFFICERS QUALIFIED FOR FEDERAL REC-             deemed not to apply, and any reference to a            689 and 1370’’ and inserting ‘‘section 689, and
                                             OGNITION SERVING IN CERTAIN GRADE BEFORE                provision of section 1370 of this title shall be       section 1370 or 1370a (as applicable),’’.
                                             APPOINTMENT.—To the extent authorized by                deemed to be a reference to the analogous                 (B) In section 8323(c), by striking ‘‘section
                                             the Secretary of the military department                provision of this section.                             1370 of this title’’ and inserting ‘‘section 1370
                                             concerned, a person who, after having been                 ‘‘(f) FINAL RETIREMENT GRADE FOLLOWING              or 1370a of this title, as applicable’’.
                                             found qualified for Federal recognition in a            RESOLUTION OF PENDING INVESTIGATION OR                    (4) AIR FORCE AND SPACE FORCE.—Section
                                             higher grade by a board under section 307 of            ADVERSE ACTION.—The final retirement                   9341 of such title is amended—
                                             title 32, serves in a position for which that           grade under this section of a person de-                  (A) by striking subsection (a) and inserting
                                             grade is the minimum authorized grade and               scribed in subsection (e) following resolution         the following new subsection (a):
                                             is appointed as a reserve officer in that grade         of the investigation or personnel action con-             ‘‘(a)(1) The retired grade of a regular com-
                                             may be credited for the purposes of para-               cerned is the final retirement grade provided          missioned officer of the Air Force or the
                                             graph (1) as having served in that grade. The           for by section 1370(e) of this title. In the ap-       Space Force who retires other than for phys-




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                                             period of the service for which credit is af-           plication of such section 1370(e) for purposes         ical disability is determined under section
                                             forded under the preceding sentence may be              of this subsection, any reference to a provi-          1370 of this title.
                                             only the period for which the person served             sion of section 1370 of this title shall be               ‘‘(2) The retired grade of a reserve commis-
                                             in the position after the Senate provides ad-           deemed to be a reference to the analogous              sioned officer of the Air Force or the Space
                                             vice and consent for the appointment.                   provision of this section. In the application          Force who retires other than for physical
                                               ‘‘(8) RETIREMENT IN NEXT LOWEST GRADE                 of paragraph (3) of such section 1370e(e) for          disability is determined under section 1370a
                                             FOR OFFICERS NOT MEETING SERVICE-IN-GRADE               purposes of this subsection, the reference to          of this title.’’; and




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                                             June 29, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                      S3773
                                               (B) in subsection (b)—                                the period at the end and inserting ‘‘elec-               (C) by striking ‘‘him or his next of kin’’
                                               (i) by inserting ‘‘or a Regular or Reserve of         tronic mail addresses, home telephone num-             and inserting ‘‘the member or the member’s
                                             the Space Force’’ after ‘‘Air Force’’;                  bers, and mobile telephone numbers, not-               next of kin’’.
                                               (ii) by striking ‘‘he’’ and inserting ‘‘the           withstanding subsection (a)(5)(B) or (b) of               (5) EFFECTIVE DATES.—
                                             member’’; and                                           section 444 of the General Education Provi-               (A) IN GENERAL.—Except as provided in
                                               (iii) by striking ‘‘his’’ and inserting ‘‘the         sions Act (20 U.S.C. 1232g); and’’; and                subparagraph (B), this subsection and the
                                             member’s’’.                                               (C) by adding at the end the following new           amendments made by this subsection shall
                                               (5) RESERVE OFFICERS.—Section 12771 of                clause:                                                take effect on the date provided for in sub-
                                             such title is amended—                                    ‘‘(iii) shall provide information requested          section (d) of section 569 of the National De-
                                               (A) in subsection (a), by striking ‘‘section          pursuant to clause (ii) within a reasonable            fense Authorization Act for Fiscal Year 2020
                                             1370(d)’’ and inserting ‘‘section 1370a of this         period of time, but in no event later than 60          (Public Law 116–92), as redesignated by sub-
                                             title’’; and                                            days after the date of the request.’’; and             section (b)(1)(B) of this section.
                                               (B) in subsection (b)(1), by striking ‘‘sec-            (2) in subparagraph (B), by striking ‘‘and              (B) TECHNICAL AMENDMENTS.—The amend-
                                             tion 1370(d)’’ and inserting ‘‘section 1370a’’.         telephone listing’’ and inserting ‘‘electronic         ments made by paragraph (4) of this sub-
                                               (c) OTHER REFERENCES.—In the determina-               mail address, home telephone number, or                section shall take effect on the date of the
                                             tion of the retired grade of a commissioned             mobile telephone number’’.                             enactment of this Act.
                                             officer of the Armed Forces entitled to re-               (b) INSTITUTIONS OF HIGHER EDUCATION.—                  (b) ADDITIONAL REQUIREMENTS.—
                                             tired pay under chapter 1223 of title 10,               Section 983(b) of such title is amended—                  (1) IN GENERAL.—Section 569 of the Na-
                                             United States Code, who retires after the                 (1) in paragraph (1), by striking ‘‘or’’ at the      tional Defense Authorization Act for Fiscal
                                             date of the enactment of this Act, any ref-             end;                                                   Year 2020 is amended—
                                             erence in a provision of law or regulation to             (2) in paragraph (2)—                                   (A) in subsection (a)—
                                             section 1370 of title 10, United States Code,             (A) in subparagraph (A), by striking ‘‘and              (i) by redesignating paragraphs (1) and (2)
                                             in such determination with respect to such              telephone listings’’ and inserting ‘‘electronic        as paragraphs (2) and (4), respectively;
                                             officer shall be deemed to be a reference to            mail addresses, home telephone numbers,                   (ii) by inserting before paragraph (2), as re-
                                             section 1370a of title 10, United States Code           and mobile telephone numbers, which infor-             designated by clause (i), the following new
                                             (as amended by subsection (a)).                         mation shall be made available not later               paragraph (1);
                                             SEC. 508. REPEAL OF AUTHORITY FOR ORIGINAL              than 60 days after the start of classes for the           ‘‘(1) redesignate such form as the Certifi-
                                                         APPOINTMENT OF REGULAR NAVY                 current semester or not later than 60 days             cate of Military Service;’’.
                                                         OFFICERS DESIGNATED FOR ENGI-               after the date of a request, whichever is                 (iii) in paragraph (2), as so redesignated, by
                                                         NEERING DUTY, AERONAUTICAL EN-              later’’; and                                           striking ‘‘and’’ at the end; and
                                                         GINEERING DUTY, AND SPECIAL                                                                           (iv) by inserting after paragraph (2), as so
                                                         DUTY.
                                                                                                       (B) in subparagraph (B), by striking the pe-
                                                                                                     riod at the end and inserting ‘‘; or’’; and            redesignated, the following new paragraph:
                                               (a) REPEAL.—Section 8137 of title 10,                                                                           ‘‘(3) provide for a standard total force
                                                                                                       (3) by adding at the end the following new
                                             United States Code, is repealed.                                                                               record of military service for all members of
                                                                                                     paragraph:
                                               (b) CLERICAL AMENDMENT.—The table of                                                                         the Armed Forces, including member of the
                                                                                                       ‘‘(3) access by military recruiters for pur-
                                             sections at the beginning of chapter 815 of                                                                    reserve components, that summarizes the
                                                                                                     poses of military recruiting to lists of stu-
                                             such title is amended by striking the item                                                                     record of service for each member; and’’;
                                                                                                     dents (who are 17 years of age or older) not
                                             relating to section 8137.                                                                                         (B) by redesignating subsections (b) and (c)
                                                                                                     returning to the institution after having
                                             Subtitle B—Reserve Component Management                 been enrolled during the previous semester,            as subsections (d) and (e), respectively;
                                             SEC. 511. EXCLUSION OF CERTAIN RESERVE GEN-             together with student recruiting information              (C) by inserting after subsection (a) the fol-
                                                         ERAL AND FLAG OFFICERS ON AC-               and the reason why the student did not re-             lowing new subsections:
                                                         TIVE DUTY FROM LIMITATIONS ON               turn, if collected by the institution.’’.                 ‘‘(b) ISSUANCE TO RESERVES.—The Sec-
                                                         AUTHORIZED STRENGTHS.                                                                              retary of Defense shall provide for the
                                                                                                     SEC. 517. TEMPORARY AUTHORITY TO ORDER RE-
                                               (a) DUTY FOR CERTAIN RESERVE OFFICERS                             TIRED MEMBERS TO ACTIVE DUTY
                                                                                                                                                            issuance of the Certificate of Military Serv-
                                             UNDER JOINT DUTY LIMITED EXCLUSION.—                                IN HIGH-DEMAND, LOW-DENSITY AS-            ice, as modified pursuant to subsection (a),
                                             Subsection (b) of section 526a of title 10,                         SIGNMENTS DURING WAR OR NA-                to members of the reserve components of the
                                             United States Code, is amended by adding at                         TIONAL EMERGENCY.                          Armed Forces at such times during their
                                             the end the following new paragraph:                      Section 688a of title 10, United States Code,        military service as is appropriate to facili-
                                               ‘‘(3) DUTY FOR CERTAIN RESERVE OFFICERS.—             is amended—                                            tate their access to benefits under the laws
                                             Of the officers designated pursuant to para-              (1) by redesignating subsection (g) as sub-          administered by the Secretary of Veterans
                                             graph (1), the Chairman of the Joint Chiefs             section (h); and                                       Affairs.
                                             of Staff may designate up to 15 general and               (2) by inserting after subsection (f) the fol-          ‘‘(c) COORDINATION.—In carrying out this
                                             flag officer positions in the unified and speci-                                                               section, the Secretary of Defense shall co-
                                                                                                     lowing new subsection (g):
                                             fied combatant commands, and up to three                                                                       ordinate with the Secretary of Veterans Af-
                                                                                                       ‘‘(g) EXCEPTIONS DURING PERIODS OF WAR
                                             general and flag officer positions on the                                                                      fairs to ensure that the Certificate of Mili-
                                                                                                     OR NATIONAL EMERGENCY.—The limitations
                                             Joint Staff, as positions to be held only by                                                                   tary Service, as modified pursuant to sub-
                                                                                                     in subsections (c) and (f) shall not apply dur-
                                             reserve officers who are in a general or flag                                                                  section (a), is recognized as the Certificate of
                                                                                                     ing a time of war or of national emergency
                                             officer grade below lieutenant general or                                                                      Military Service referred to in section 1168(a)
                                                                                                     declared by Congress or the President.’’.
                                             vice admiral. Each position so designated                                                                      of title 10, United States Code, and for the
                                                                                                     SEC. 518. CERTIFICATE OF RELEASE OR DIS-               purposes of establishing eligibility for appli-
                                             shall be considered to be a joint duty assign-                     CHARGE FROM ACTIVE DUTY (DD
                                             ment position for purposes of chapter 38 of                                                                    cable benefits under the laws administered
                                                                                                                FORM 214) MATTERS.
                                             this title.’’.                                                                                                 by the Secretary of Veterans Affairs.’’; and
                                                                                                       (a) REDESIGNATION AS CERTIFICATE OF MILI-               (D) in subsection (d), as redesignated by
                                               (b) RESERVE OFFICERS ON ACTIVE DUTY FOR
                                                                                                     TARY SERVICE.—                                         subparagraph (B), by striking ‘‘a revised Cer-
                                             TRAINING OR FOR LESS THAN 180 DAYS.—Such
                                                                                                       (1) IN GENERAL.—Department of Defense                tificate of Release or Discharge from Active
                                             section is further amended—
                                                                                                     Form DD 214, the Certificate of Release or             Duty (DD Form 214), modified’’ and inserting
                                               (1) by redesignating subsections (c)
                                                                                                     Discharge from Active Duty, is hereby redes-           ‘‘the Certificate of Military Service, as modi-
                                             through (h) as subsections (d) through (i), re-
                                                                                                     ignated as the Certificate of Military Serv-           fied’’.
                                             spectively; and
                                                                                                     ice.                                                      (2) CONFORMING AMENDMENT.—The heading
                                               (2) by inserting after subsection (b) the fol-
                                                                                                        (2)   CONFORMING       AMENDMENT.—Section           of such section 569 is amended to read as fol-
                                             lowing new subsection:
                                                                                                     1168(a) of title 10, United States Code, is            lows:
                                               ‘‘(c) RESERVE OFFICERS ON ACTIVE DUTY
                                                                                                     amended by striking ‘‘discharge certificate            ‘‘SEC. 569. CERTIFICATE OF RELEASE OR DIS-
                                             FOR TRAINING OR FOR LESS THAN 180 DAYS.—
                                                                                                     or certificate of release from active duty, re-                     CHARGE FROM ACTIVE DUTY (DD
                                             The limitations of this section do not apply
                                                                                                     spectively,’’ and inserting ‘‘Certificate of                        FORM 214) MATTERS.’’.
                                             to a reserve general or flag officer who—
                                                                                                     Military Serve’’.                                         (3) REPEAL OF SUPERSEDED REQUIRE-
                                               ‘‘(1) is on active duty for training; or
                                                                                                        (3) REFERENCES.—Any reference in a law,             MENTS.—Section 570 of the National Defense
                                               ‘‘(2) is on active duty under a call or order
                                                                                                     regulation, document, paper, or other record           Authorization Act for Fiscal Year 2020 is re-
                                             specifying a period of less than 180 days.’’.
                                                                                                     of the United States to Department of De-              pealed.
                                                 Subtitle C—General Service Authorities              fense Form DD 214, the Certificate of Release          SEC. 519. EVALUATION OF BARRIERS TO MINOR-
                                             SEC. 516. INCREASED ACCESS TO POTENTIAL RE-             or Discharge from Active Duty, shall be                            ITY PARTICIPATION IN CERTAIN
                                                          CRUITS.                                    deemed to be a reference to the Certificate of                     UNITS OF THE ARMED FORCES.




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                                               (a) SECONDARY SCHOOLS.—Section 503(c)(1)              Military Service.                                        (a) FINDINGS.—Congress makes the fol-
                                             of title 10, United States Code, is amended—               (4) TECHNICAL AMENDMENTS.—Such section              lowing findings:
                                               (1) in subparagraph (A)—                              1168(a) is further amended—                              (1) In 1999, the RAND Corporation issued a
                                               (A) in clause (i), by striking ‘‘and’’ at the            (A) by striking ‘‘until his’’ and inserting         report entitled ‘‘Barriers to Minority Par-
                                             end;                                                    ‘‘until the member’s’’;                                ticipation in Special Operations Forces’’
                                               (B) in clause (ii), by striking ‘‘and tele-              (B) by striking ‘‘his final pay’’ and insert-       that was sponsored by United States Special
                                             phone listings,’’ and all that follows through          ing ‘‘the member’s final pay’’; and                    Operations Command.




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                                             S3774                                             CONGRESSIONAL RECORD — SENATE                                                          June 29, 2020
                                               (2) In 2018, the RAND Corporation issued a              Subtitle D—Military Justice and Related                (D) the responsiveness and receptiveness of
                                             report entitles ‘‘Understanding Demographic                               Matters                              commanders to the Sexual Assault Response
                                             Differences in Undergraduate Pilot Training             PART I—INVESTIGATION, PROSECUTION,                     Coordinators;
                                             Attrition’’ that was sponsored by the Air                AND DEFENSE OF SEXUAL ASSAULT AND                       (E) the support and services provided to
                                             Force.                                                   RELATED MATTERS                                       victims of sexual assault;
                                               (3) No significant independent study has              SEC. 521. MODIFICATION OF TIME REQUIRED FOR              (F) the understanding of others of the proc-
                                             been performed by a federally funded re-                            EXPEDITED DECISIONS IN CONNEC-             ess and their willingness to assist;
                                             search and development center into increas-                         TION WITH APPLICATIONS FOR                   (G) the adequacy of the training received
                                             ing minority participation in the special op-                       CHANGE OF STATION OR UNIT                  by Sexual Assault Response Coordinators
                                             erations forces since 1999.                                         TRANSFER OF MEMBERS WHO ARE                and Sexual Assault Prevention and Response
                                                                                                                 VICTIMS OF SEXUAL ASSAULT OR               Victim Advocates to effectively perform
                                               (b) STUDY REQUIRED.—                                              RELATED OFFENSES.
                                               (1) IN GENERAL.—Not later than 30 days                                                                       their duties; and
                                                                                                       (a) IN GENERAL.—Section 673(b) of title 10,
                                             after the date of the enactment of this Act,                                                                     (H) any other factors affecting the ability
                                                                                                     United States Code, is amended by striking
                                             the Secretary of Defense shall, acting                                                                         of Sexual Assault Response Coordinators and
                                                                                                     ‘‘72 hours’’ both places it appears and insert-
                                             through the Under Secretary of Defense for                                                                     Sexual Assault Prevention and Response
                                                                                                     ing ‘‘five calendar days’’.
                                             Personnel and Readiness, seek to enter into                (b) EFFECTIVE DATE.—The amendments                  Victim Advocates to perform their duties.
                                             an agreement with a federally funded re-                                                                         (b) REPORT.—Upon completion of the sur-
                                                                                                     made by subsection (a) shall take effect on
                                             search and development center.                          the date of the enactment of this Act, and             vey required under subsection (a), the Sec-
                                               (2) ELEMENTS.—The evaluation under para-              shall apply to decisions on applications for           retary of Defense shall submit to the Com-
                                             graph (1) shall include the following ele-              permanent change of station or unit transfer           mittees on Armed Services of the Senate and
                                             ments:                                                  made under section 673 of title 10, United             the House of Representatives a report on the
                                               (A) A description of the racial, ethnic, and          States Code, on or after that date.                    results of the survey and any actions to be
                                             gender composition of covered units.                    SEC. 522. DEFENSE ADVISORY COMMITTEE FOR               taken as a result of the survey.
                                                                                                                 THE PREVENTION OF SEXUAL MIS-              SEC. 524. BRIEFING ON SPECIAL VICTIMS’ COUN-
                                               (B) A comparison of the participation rates
                                                                                                                 CONDUCT.                                               SEL PROGRAM.
                                             of minority populations in covered units to
                                                                                                       Section 550B of the National Defense Au-               (a) BRIEFING REQUIRED.—Not later than 180
                                             participation rates of the general population
                                                                                                     thorization Act for Fiscal Year 2020 (Public           days after the date of the enactment of this
                                             as members and as officers of the Armed
                                                                                                     Law 116–92) is amended—                                Act, the Judge Advocates General of the
                                             Forces.
                                                                                                       (1) in subsection (c)(1)(B), by inserting ‘‘,        Army, the Navy, the Air Force, and the
                                               (C) A comparison of the percentage of mi-
                                                                                                     including the United States Coast Guard                Coast Guard, and the Staff Judge Advocate
                                             nority officers in the grade of O–7 or higher
                                                                                                     Academy,’’ after ‘‘academy’’;                          to the Commandant of the Marine Corps
                                             who have served in each covered unit to such
                                                                                                       (2) by redesignating subsections (d), (e),           shall each provide to the congressional de-
                                             percentage for all such officers in the Armed
                                                                                                     and (f) as subsections (e), (f), and (g), respec-      fense committees a briefing on the status of
                                             Force of that covered unit.
                                                                                                     tively;                                                the Special Victims’ Counsel program of the
                                               (D) An identification of barriers to minor-
                                                                                                       (3) by inserting after subsection (c) the fol-       Armed Force concerned.
                                             ity participation in the accession, assess-
                                                                                                     lowing new subsection (d):                                (b) ELEMENTS.—Each briefing under sub-
                                             ment, and training processes.
                                                                                                       ‘‘(d) ADVISORY DUTIES ON COAST GUARD                 section (a) shall include, with respect to the
                                               (E) The status and effectiveness of the re-
                                                                                                     ACADEMY.—In providing advice under sub-                Special Victims Counsel program of the
                                             sponse to the recommendations contained in
                                                                                                     section (c)(1)(B), the Advisory Committee              Armed Force concerned, the following:
                                             the report referred to in subsection (a)(1) and
                                                                                                     shall also advise the Secretary of the Depart-            (1) An assessment of whether the Armed
                                             any follow-up recommendations.
                                                                                                     ment in which the Coast Guard is operating             Force is in compliance with the provisions of
                                               (F) Recommendations to increase the num-              in accordance with this section on policies,           the National Defense Authorization Act for
                                             bers of minority officers in the Armed                  programs, and practices of the United States           Fiscal Year 2020 (Public Law 116–92) relating
                                             Forces.                                                 Coast Guard Academy.’’; and                            to the Special Victims Counsel program and,
                                               (G) Recommendations to increase minority                (4) in subsection (e) and paragraph (2) of           if not, what steps have been taken to achieve
                                             participation in covered units.                         subsection (g), as redesignated by paragraph           compliance with such provisions.
                                               (H) Any other matters the Secretary deter-            (2) of this section, by striking ‘‘the Commit-            (2) An estimate of the average caseload of
                                             mines appropriate.                                      tees on Armed Services of the Senate and the           each Special Victims’ Counsel.
                                               (3) REPORT TO CONGRESS.—The Secretary                 House of Representatives’’ each place it ap-              (3) A description of any staffing shortfalls
                                             shall—                                                  pears and inserting ‘‘the Committees on                in the Special Victims’ Counsel program or
                                               (A) submit to the congressional defense               Armed Services and Commerce, Science, and              other programs of the Armed Force resulting
                                             committees a report on the results of the               Transportation of the Senate and the Com-              from the additional responsibilities required
                                             study by not later than January 1, 2022; and            mittees on Armed Services and Transpor-                of the Special Victims’ Counsel program
                                               (B) provide interim briefings to such com-            tation and Infrastructure of the House of              under the National Defense Authorization
                                             mittees upon request.                                   Representatives’’.                                     Act for Fiscal Year 2020.
                                               (c) DESIGNATION.—The study conducted                  SEC. 523. REPORT ON ABILITY OF SEXUAL AS-                 (4) An explanation of the ability of Special
                                             under subsection (b) shall be known as the                         SAULT RESPONSE COORDINATORS                 Victims’ Counsel to adhere to requirement
                                             ‘‘Study on Reducing Barriers to Minority                           AND SEXUAL ASSAULT PREVENTION               that a counsel respond to a request for serv-
                                             Participation in Elite Units in the Armed                          AND RESPONSE VICTIM ADVOCATES
                                                                                                                                                            ices within 72 hours of receiving such re-
                                                                                                                TO PERFORM DUTIES.
                                             Services’’.                                                                                                    quest.
                                                                                                       (a) SURVEY.—
                                               (d) IMPLEMENTATION PLAN.—The Secretary                                                                          (5) An assessment of the feasibility of pro-
                                                                                                       (1) IN GENERAL.—Not later than June 30,
                                             shall submit to the congressional defense                                                                      viding cross-service Special Victims’ Counsel
                                                                                                     2021, the Secretary of Defense shall conduct
                                             committees a report setting forth an imple-                                                                    representation in instances where a Special
                                                                                                     a survey regarding the ability of Sexual As-
                                             mentation plan for the recommendations                                                                         Victims’ Counsel from a different Armed
                                                                                                     sault Response Coordinators and Sexual As-
                                             that the Secretary implements under this                                                                       Force is co-located with a victim at a remote
                                                                                                     sault Prevention and Response Victim Advo-
                                             section, including—                                                                                            base.
                                                                                                     cates to perform their duties.
                                               (1) the response of the Secretary to each                                                                    SEC. 525. ACCOUNTABILITY OF LEADERSHIP OF
                                                                                                       (2) ELEMENTS.—The survey required under                          THE DEPARTMENT OF DEFENSE FOR
                                             such recommendation;                                    paragraph (1) shall assess—                                        DISCHARGING THE SEXUAL HARASS-
                                               (2) a summary of actions the Secretary has              (A) the current state of support provided to                     MENT POLICIES AND PROGRAMS OF
                                             carried out, or intends to carry out, to im-            Sexual Assault Response Coordinators and                           THE DEPARTMENT.
                                             plement such recommendations, as appro-                 Sexual Assault Prevention and Response                   (a) STRATEGY ON HOLDING LEADERSHIP AC-
                                             priate; and                                             Victim Advocates, including—                           COUNTABLE REQUIRED.—The Secretary of De-
                                               (3) a schedule, with specific milestones, for           (i) perceived professional or other reprisal         fense shall develop and implement Depart-
                                             completing the implementation of such rec-              or retaliation; and                                    ment of Defense-wide a strategy to hold indi-
                                             ommendations.                                             (ii) access to sufficient physical and men-          viduals in positions of leadership in the De-
                                               (e) COVERED UNITS DEFINED.—In this sec-               tal health services as a result of the nature          partment (including members of the Armed
                                             tion, the term ‘‘covered units’’ means the              of their work;                                         Forces and civilians) accountable for the
                                             following:                                                (B) the ability of Sexual Assault Response           promotion, support, and enforcement of the
                                               (1) Any forces designated by the Secretary            Coordinators and Sexual Assault Prevention             policies and programs of the Department on
                                             as special operations forces.                           and Response Victim Advocates to contact               sexual harassment.




dlhill on DSK120RN23PROD with SENATE
                                               (2) Air Force Combat Control Teams.                   and access their installation commander or               (b) OVERSIGHT FRAMEWORK.—
                                               (3) Air Force Pararescue.                             unit commander;                                          (1) IN GENERAL.—The strategy required by
                                               (4) Marine Corps Force Reconnaissance.                  (C) the ability of Sexual Assault Response           subsection (a) shall provide for an oversight
                                               (5) Coast Guard Deployable Operations                 Coordinators and Sexual Assault Prevention             framework for the efforts of the Department
                                             Group.                                                  and Response Victim Advocates to contact               of Defense to promote, support, and enforce
                                               (6) Pilot and navigator military occupa-              and access the immediate commander of vic-             the policies and programs of the Department
                                             tional specialties.                                     tims and alleged offenders;                            on sexual harassment.




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                                             June 29, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S3775
                                               (2) ELEMENTS.—The oversight framework                 SEC. 527. ADDITIONAL BASES FOR PROVISION OF            cused is minimized while both parties com-
                                             required by paragraph (1) shall include the                         ADVICE BY THE DEFENSE ADVISORY             plete their course of study at the academy or
                                                                                                                 COMMITTEE FOR THE PREVENTION
                                             following:                                                                                                     institution concerned.
                                                                                                                 OF SEXUAL MISCONDUCT.
                                               (A) Long-term goals, objectives, and mile-                                                                     (b) ELEMENTS.—The Secretary of Defense
                                             stones in connection with the policies and                Section 550B(c)(2) of the National Defense           shall ensure that the policy developed under
                                             programs of the Department on sexual har-               Authorization Act for Fiscal Year 2020 (Pub-           subsection (a)—
                                             assment.                                                lic Law 116–92) is amended—                              (1) is fair to the both the alleged victim
                                               (B) Strategies to achieve the goals, objec-             (1) by redesignating subparagraph (C) as             and the accused;
                                             tives, and milestones referred to in subpara-           subparagraph (E); and                                    (2) provides for the confidentiality of the
                                             graph (A).                                                (2) by inserting after subparagraph (B) the          parties involved;
                                               (C) Criteria for assessing progress toward            following new subparagraphs:                             (3) provide that notice of the policy, in-
                                             the achievement of the goals, objectives, and             ‘‘(C) Efforts among private employers to             cluding the elements of the policy and the
                                             milestones referred to in subparagraph (A).             prevent sexual assault and sexual harass-              right to opt out of coverage by the policy, is
                                               (D) Criteria for assessing the effectiveness          ment among their employees.                            provided to the alleged victim upon the mak-
                                             of the policies and programs of the Depart-               ‘‘(D) Evidence-based studies on the preven-          ing of an allegation of a sexual assault cov-
                                             ment on sexual harassment.                              tion of sexual assault and sexual harassment           ered by the policy; and
                                               (E) Mechanisms to ensure that adequate                in the Armed Forces, institutions of higher              (4) provide an alleged victim the right to
                                             resources are available to the Office to de-            education, and the private sector.’’.                  opt out of coverage by the policy in connec-
                                             velop and discharge the oversight frame-                SEC. 528. ADDITIONAL MATTERS FOR REPORTS               tion with such sexual assault.
                                                                                                                 OF THE DEFENSE ADVISORY COM-                 (c) MILITARY SERVICE ACADEMY DEFINED.—
                                             work.
                                                                                                                 MITTEE FOR THE PREVENTION OF               The term ‘‘military service academy’’ means
                                               (c) REPORT.—Not later than one year after                         SEXUAL MISCONDUCT.
                                             the date of the enactment of this Act, the                                                                     the following:
                                                                                                       Section 550B(d) of the National Defense                (1) The United States Military Academy.
                                             Secretary of Defense shall submit to the
                                                                                                     Authorization Act for Fiscal Year 2020 (Pub-             (2) The United States Naval Academy.
                                             Committees on Armed Services of the Senate
                                                                                                     lic Law 116–92) is amended by adding at the              (3) The United States Air Force Academy.
                                             and the House of Representatives a report on
                                                                                                     end the following: ‘‘The report shall include            (4) The United States Coast Guard Acad-
                                             the actions taken to carry out this section,
                                                                                                     the following:                                         emy.
                                             including the strategy developed and imple-
                                                                                                       ‘‘(1) A description and assessment of the            SEC. 530. BRIEFING ON PLACEMENT OF MEM-
                                             mented pursuant to subsection, and the over-
                                                                                                     extent and effectiveness of the inclusion by                      BERS OF THE ARMED FORCES IN
                                             sight framework developed and implemented
                                                                                                     the Armed Forces of sexual assault preven-                        ACADEMIC STATUS WHO ARE VIC-
                                             pursuant to subsection (b).
                                                                                                     tion and response training in leader profes-                      TIMS OF SEXUAL ASSAULT ONTO
                                             SEC. 526. SAFE-TO-REPORT POLICY APPLICABLE              sional military education (PME), especially                       NON-RATED PERIODS.
                                                         ACROSS THE ARMED FORCES.
                                                                                                     in such education for personnel in junior                Not later than 90 days after the date of the
                                               (a) IN GENERAL.—The Secretary of Defense              noncommissioned officer grades.                        enactment of this Act, the Secretary of De-
                                             shall, in consultation with the Secretaries of            ‘‘(2) An assessment of the feasibility of—           fense shall brief the Committees on Armed
                                             the military departments, prescribe in regu-              ‘‘(A) the screening of recruits before entry         Services of the Senate and the House of Rep-
                                             lations a safe-to-report policy described in            into military service for prior incidents of           resentatives on the feasibility and advis-
                                             subsection (b) that applies with respect to all         sexual assault and harassment, including               ability, and current practice (if any), of the
                                             members of the Armed Forces (including                  through background checks; and                         Department of Defense of granting requests
                                             members of the reserve components of the                  ‘‘(B) the administration of screening tests          by members of the Armed Forces who are in
                                             Armed Forces) and cadets and midshipmen                 to recruits to assess recruit views and beliefs        academic status (whether at the military
                                             at the military service academies.                      on equal opportunity, and whether such                 service academies or in developmental edu-
                                               (b) SAFE-TO-REPORT POLICY.—The safe-to-               views and beliefs are compatible with mili-            cation programs) and who are victims of sex-
                                             report policy described in this subsection is           tary service.                                          ual assault to be placed on a Non-Rated Pe-
                                             a policy that prescribes the handling of                  ‘‘(3) An assessment of the feasibility of            riod for their performance report.
                                             minor collateral misconduct involving a                 conducting exit interviews of members of the              PART II—OTHER MILITARY JUSTICE
                                             member of the Armed Forces who is the al-               Armed Forces upon their discharge release                                 MATTERS
                                             leged victim of sexual assault.                         from the Armed Forces in order to determine            SEC. 531. RIGHT TO NOTICE OF VICTIMS OF OF-
                                               (c)   AGGRAVATING      CIRCUMSTANCES.—The             whether they experienced or witnessed sex-                         FENSES UNDER THE UNIFORM CODE
                                             regulations under subsection (a) shall specify          ual assault or harassment during military                          OF MILITARY JUSTICE REGARDING
                                             aggravating circumstances that increase the             service and did not report it, and an assess-                      CERTAIN POST-TRIAL MOTIONS, FIL-
                                             gravity of minor collateral misconduct or its           ment of the feasibility of combining such                          INGS, AND HEARINGS.
                                             impact on good order and discipline for pur-            exit interviews with the Catch a Serial Of-              Section 806b(a)(2) of title 10, United States
                                             poses of the safe-to-report policy.                     fender (CATCH) Program of the Department               Code (article 6b(a)(2)) of the Uniform Code of
                                               (d) TRACKING OF COLLATERAL MISCONDUCT                 of Defense.                                            Military Justice), is amended—
                                             INCIDENTS.—In conjunction with the issuance               ‘‘(4) An assessment whether the sexual as-             (1) by redesignating subparagraphs (D) and
                                             of regulations under subsection (a), Sec-               sault reporting databases of the Department            (E) as subparagraphs (E) and (F), respec-
                                             retary shall develop and implement a process            are sufficiently anonymized to ensure pri-             tively; and
                                             to track incidents of minor collateral mis-             vacy while still providing military leaders              (2) by inserting after subparagraph (C) the
                                             conduct that are subject to the safe-to-re-             with the information as follows:                       following new subparagraph (D):
                                             port policy.                                              ‘‘(A) The approximate length of time the               ‘‘(D) A post-trial motion, filing, or hearing
                                               (e) DEFINITIONS.—In this section:                     victim and the assailant had been at the               that may address the finding or sentence of
                                               (1) The term ‘‘Armed Forces’’ has the                 duty station at which the sexual assault oc-           a court-martial with respect to the accused,
                                             meaning given that term in section 101(a)(4)            curred.                                                unseal privileged or private information of
                                             of title 10, United States Code, except such              ‘‘(B) The percentage of sexual assaults oc-          the victim, or result in the release of the ac-
                                             term does not include the Coast Guard.                  curring while the victim or assailant were on          cused.’’.
                                               (2) The term ‘‘military service academy’’             temporary duty, leave, or otherwise away               SEC. 532. CONSIDERATION OF THE EVIDENCE BY
                                             means the following:                                    from their permanent duty station.                                 COURTS OF CRIMINAL APPEALS.
                                               (A) The United States Military Academy.                 ‘‘(C) The number of sexual assaults that in-           (a) IN GENERAL.—Section 866 of title 10,
                                               (B) The United States Naval Academy.                  volve an abuse of power by a commander or              United States Code (article 66 of the Uniform
                                               (C) The United States Air Force Academy.              supervisor.’’.                                         Code of Military Justice), is amended—
                                               (3) The term ‘‘minor collateral mis-                  SEC. 529. POLICY ON SEPARATION OF VICTIM                 (1) by redesignating subsections (e)
                                             conduct’’ means any minor misconduct that                          AND ACCUSED AT MILITARY SERV-               through (j) as subsections (f) through (k), re-
                                             is potentially punishable under chapter 47 of                      ICE   ACADEMIES  AND   DEGREE-              spectively; and
                                             title 10, United States Code (the Uniform                          GRANTING MILITARY EDUCATIONAL                 (2) by inserting after subsection (d) the fol-
                                             Code of Military Justice), that—                                   INSTITUTIONS.                               lowing new subsection (e):
                                               (A) is committed close in time to or during             (a) IN GENERAL.—The Secretary of Defense               ‘‘(e) CONSIDERATION OF THE EVIDENCE.—
                                             the sexual assault, and directly related to             shall, in consultation with the Secretaries of           ‘‘(1) IN GENERAL.—In an appeal of a finding
                                             the incident that formed the basis of the sex-          the military departments, the Super-                   of guilty under subsection (b), the Court of
                                             ual assault allegation;                                 intendent of each military service academy,            Criminal Appeals, upon request of the ac-
                                               (B) is discovered as a direct result of the           and the head of each degree-granting mili-             cused, may consider the weight of the evi-




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                                             report of sexual assault or the ensuing inves-          tary educational institution, prescribe in             dence upon a specific showing by the accused
                                             tigation into the sexual assault; and                   regulations a policy under which association           of deficiencies in proof. The Court may set
                                               (C) does not involve aggravating cir-                 between a cadet or midshipman of a military            aside and dismiss a finding if clearly con-
                                             cumstances (as specified in the regulations             service academy, or a member of the Armed              vinced that the finding was against the
                                             prescribed under subsection (c)) that in-               Forces enrolled in a degree-granting mili-             weight of the evidence. The Court may af-
                                             crease the gravity of the minor misconduct              tary educational institution, who is the al-           firm a lesser finding. A rehearing may not be
                                             or its impact on good order and discipline.             leged victim of a sexual assault and the ac-           ordered.




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                                             S3776                                             CONGRESSIONAL RECORD — SENATE                                                          June 29, 2020
                                               ‘‘(2) DEFERENCE IN CONSIDERATION.—When                entitled ‘‘Military Justice: DOD and the               vicarious trauma to such personnel as the
                                             considering a case under subsection (b), the            Coast Guard Need to Improve Their Capabili-            Judge Advocates General and the Staff
                                             Court may weigh the evidence and determine              ties to Assess Racial and Gender Disparities’’         Judge Advocate jointly consider appropriate.
                                             controverted questions of fact, subject to—             (GAO–19–344).                                          SEC. 536. GUARDIAN AD LITEM PROGRAM FOR
                                               ‘‘(A) appropriate deference to the fact that            (2) Requirements in section 540I(b) of the                      MINOR DEPENDENTS OF MEMBERS
                                             the court-martial saw and heard the wit-                National Defense Authorization Act for Fis-                       OF THE ARMED FORCES.
                                             nesses and other evidence; and                          cal Year 2020 (Public Law 116–92), relating to           Section 540L(b)(1) of the National Defense
                                               ‘‘(B) appropriate deference to findings of            assessments covered by such recommenda-                Authorization Act for Fiscal Year 2020 (Pub-
                                             fact entered into the record by the military            tions.                                                 lic Law 116–92; 133 Stat. 1373) is amended by
                                             judge.’’.                                                 (b) ELEMENTS.—The report required by sub-            adding before the period at the end the fol-
                                               (b) ADDITIONAL QUALIFICATIONS OF APPEL-               section (a) shall include, for each rec-               lowing: ‘‘, including an assessment of the
                                             LATE MILITARY JUDGES.—Subsection (a) of                 ommendation and requirement specified in               feasibility and advisability of establishing a
                                             such section (article) is amended—                      that subsection, the following:                        guardian ad litem program for military de-
                                               (1) by inserting ‘‘(1)’’ before ‘‘Each judge’’;         (1) A description of the actions taken or            pendents living outside the United States’’.
                                             and                                                     planned by the Department of Defense, the                 Subtitle E—Member Education, Training,
                                               (2) by adding at the end the following new            military department concerned, or the                             Transition, and Resilience
                                             paragraph:                                              Armed Force concerned to implement such                SEC. 541. TRAINING ON RELIGIOUS ACCOMMODA-
                                               ‘‘(2)(A) In addition to any other qualifica-          recommendation or requirement.                                     TION FOR MEMBERS OF THE ARMED
                                             tions specified in paragraph (1), any commis-             (2) An assessment of the extent to which                         FORCES.
                                             sioned officer assigned as an appellate mili-           the actions taken to implement such rec-                 (a) IN GENERAL.—As recommended on page
                                             tary judge to a Court of Criminal Appeals               ommendation or requirement, as described               149 of the Report of the Committee on Armed
                                             shall have not fewer than 12 years of experi-           pursuant to paragraph (1), are effective or            Services of the Senate to Accompany S. 1519
                                             ence in military justice assignments before             meet the intended objective.                           (115th Congress) (Senate Report 115–125), the
                                             such assignment, and any civilian so as-                  (3) Any other matters in connection with             Secretary of Defense shall develop and im-
                                             signed shall have not fewer than 12 years as            such recommendation or requirement, and                plement training on Federal statutes, De-
                                             a judge or criminal trial attorney before               the implementation of such recommendation              partment of Defense instructions, and the
                                             such assignment.                                        or requirement by the Armed Forces, that               regulations of each Armed Force regarding
                                               ‘‘(B) A Judge Advocate General may waive              the Comptroller General considers appro-               religious liberty and accommodation for
                                             the requirement in subparagraph (A) in con-             priate.                                                members of the Armed Forces, including the
                                             nection with the assignment of an officer or              (c) BRIEFINGS.—Not later than May 1, 2021,
                                                                                                                                                            responsibility of commanders to maintain
                                             civilian as an appellate military judge of a            the Comptroller General shall provide the
                                                                                                                                                            good order and discipline.
                                             Court of Criminal Appeals if the Judge Advo-            committees referred to in subsection (a) one             (b) CONSULTATION.—The Secretary develop
                                             cate General determines that compliance                 or more briefings on the status of the study           and implement the training required by sub-
                                             with the requirement in the assignment of               required by that subsection, including any
                                                                                                                                                            section (a) in consultation with the fol-
                                             appellate military judges to a Court of                 preliminary findings and recommendations
                                                                                                                                                            lowing:
                                             Criminal Appeals will impair the ability of             of the Comptroller General as a result of the
                                                                                                                                                              (1) The General Counsel of the Department
                                             the Court to hear and decide appeals in a               study as of the date of such briefing.
                                                                                                                                                            of Defense.
                                             timely manner.                                          SEC. 535. BRIEFING ON MENTAL HEALTH SUP-
                                                                                                                PORT FOR VICARIOUS TRAUMA FOR                 (2) The Judge Advocate General of the
                                               ‘‘(C) Not later than 120 days after waiving                                                                  Army, the Judge Advocate General of the
                                             the requirement in subparagraph (A) pursu-                         CERTAIN PERSONNEL IN THE MILI-
                                                                                                                TARY JUSTICE SYSTEM.                        Navy, and the Judge Advocate General of the
                                             ant to subparagraph (B), the Judge Advocate                                                                    Air Force.
                                                                                                       (a) BRIEFING REQUIRED.—Not later than 180
                                             General shall notify the congressional de-                                                                       (3) The Chief of Chaplains of the Army, the
                                                                                                     days after the date of the enactment of this
                                             fense committees of the waiver, and include                                                                    Chief of Chaplains of the Navy, and the Chief
                                                                                                     Act, the Judge Advocates General of the
                                             with the notice an explanation for the short-                                                                  of Chaplains of the Air Force.
                                                                                                     Army, the Navy, and the Air Force and the
                                             age of appellate military judges and a plan             Staff Judge Advocate to the Commandant of                (c) CONTENTS.—The content of the training
                                             for addressing such shortage.’’.                        the Marine Corps shall jointly brief the Com-          shall be consistent with and include coverage
                                               (c) REVIEW BY FULL COURT OF FINDING OF                                                                       of each of the following:
                                                                                                     mittees on Armed Services of the Senate and
                                             CONVICTION AGAINST WEIGHT OF EVIDENCE.—                                                                          (1) The Religious Freedom Restoration Act
                                                                                                     the House of Representatives on the mental
                                             Subsection (e) of such section (article), as                                                                   of 1993 (42 U.S.C. 2000bb et seq.).
                                                                                                     health support for vicarious trauma provided
                                             amended by subsection (a) of this section, is           to personnel in the military justice system              (2) Section 533 of the National Defense Au-
                                             further is amended by adding at the end the             specified in subsection (b).                           thorization Act for Fiscal Year 2013 (10
                                             following new paragraph:                                  (b) PERSONNEL.—The personnel specified in            U.S.C. prec. 1030 note).
                                               ‘‘(3) REVIEW BY FULL COURT OF FINDING OF              this subsection are the following:                       (3) Section 528 of the National Defense Au-
                                             CONVICTION AGAINST WEIGHT OF EVIDENCE.—                   (1) Trial counsel.                                   thorization Act for Fiscal Year 2016 (Public
                                             Any determination by the Court that a find-               (2) Defense counsel.                                 Law 114–92; 129 Stat. 814).
                                             ing was clearly against the weight of the evi-            (3) Special Victims’ Counsel.                          (d) IMPLEMENTATION.—
                                             dence under paragraph (1) shall be reviewed               (4) Military investigative personnel.                  (1) RECIPIENTS.—The recipients of training
                                             by the Court sitting as a whole.’’.                       (c) ELEMENTS.—The briefing required by               developed under subsection (a) shall include
                                             SEC. 533. PRESERVATION OF RECORDS OF THE                subsection (a) shall include the following:            the following at all levels of command:
                                                         MILITARY JUSTICE SYSTEM.                      (1) A description and assessment of the                (A) Commanders
                                               Section 940a of title 10, United States Code          mental health support for vicarious trauma               (B) Chaplains.
                                             (article 140a of the Uniform Code of Military           provided to personnel in the military justice            (C) Judge advocates.
                                             Justice), is amended by adding at the end the           system specified in subsection (b), including            (D) Such other members of the Armed
                                             following new subsection:                               a description of the support services avail-           Forces as the Secretary considers appro-
                                               ‘‘(d) PRESERVATION OF RECORDS WITHOUT                 able and the support services being used.              priate.
                                             REGARD TO OUTCOME.—The standards and cri-                 (2) A description and assessment of mecha-             (2) COMMENCEMENT.—The provision of
                                             teria prescribed established by the Secretary           nisms to eliminate or reduce stigma in the             training developed under subsection (a) shall
                                             of Defense under subsection (a) shall provide           pursuit by such personnel of such mental               commence not later than one year after the
                                             for the preservation of records, without re-            health support.                                        date of the enactment of this Act.
                                             gard to the outcome of the proceeding con-                (3) An assessment of the feasibility and ad-         SEC. 542. ADDITIONAL ELEMENTS WITH 2021 CER-
                                             cerned, for not fewer than 15 years.’’.                 visability of providing such personnel with                        TIFICATIONS ON THE READY, REL-
                                             SEC.   534.
                                                       COMPTROLLER GENERAL OF THE                    breaks between assignments or cases as part                        EVANT LEARNING INITIATIVE OF
                                                        UNITED STATES REPORT ON IMPLE-               of such mental health support in order to re-                      THE NAVY.
                                                        MENTATION BY THE ARMED FORCES
                                                                                                     duce the effects of vicarious trauma.                    (a) ADDITIONAL ELEMENTS.—In submitting
                                                        OF RECENT GAO RECOMMENDA-
                                                        TIONS AND STATUTORY REQUIRE-                   (4) A description and assessment of the ex-          to Congress in 2021 the certifications re-
                                                        MENTS ON ASSESSMENT OF RACIAL,               tent, if any, to which duty of such personnel          quired by section 545 of the National Defense
                                                        ETHNIC, AND GENDER DISPARITIES               on particular types of cases, or in particular         Authorization Act for Fiscal Year 2018 (Pub-
                                                        IN THE MILITARY JUSTICE SYSTEM.              caseloads, contributes to vicarious trauma,            lic Law 115–91; 131 Stat. 1396; 10 U.S.C. 8431
                                               (a)  REPORT REQUIRED.—The Comptroller                 and of the extent, if any, to which duty on            note prec.), relating to the Ready, Relevant
                                             General of the United States shall submit to            such cases or caseloads has an effect on re-           Learning initiative of the Navy, the Sec-
                                             the Committees on Armed Services of the                 tention of such personnel in the Armed                 retary of the Navy shall also submit each of




dlhill on DSK120RN23PROD with SENATE
                                             Senate and the House of Representatives a               Forces.                                                the following:
                                             report, in writing, on a study, conducted by              (5) A description of the extent, if any, to            (1) A life cycle sustainment plan for the
                                             the Comptroller General for purposes of the             which such personnel are screened or other-            Ready, Relevant Learning initiative meeting
                                             report, on the implementation by the Armed              wise assessed for vicarious trauma before              the requirements in subsection (b).
                                             Forces of the following:                                discharge or release from the Armed Forces.              (2) A report on the use of readiness assess-
                                               (1) The recommendations in the May 2019                 (6) Such other matters in connection with            ment teams in training addressing the ele-
                                             report of the General Accountability Office             the provision of mental health support for             ments specified in subsection (c).




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                                             June 29, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S3777
                                                (b) LIFE CYCLE SUSTAINMENT PLAN.—The                    (2) Identify and assess current Department          tary service academies, submit to the Com-
                                             life cycle sustainment plan required by sub-            law enforcement training courses, schools,             mittees on Armed Services of the Senate and
                                             section (a)(1) shall include a description of           and programs that are affiliated with or ac-           the House of Representatives a report set-
                                             the approved life cycle sustainment plan for            credited by third parties (including both gov-         ting forth an assessment of the feasibility
                                             the Ready, Relevant Learning initiative, in-            ernmental and private entities), including an          and advisability of a uniform online portal
                                             cluding with respect to each of the following:          assessment of the value derived from such af-          for all military service academies that en-
                                                (1) Product support management.                      filiation or accreditation to the training re-         ables Members of Congress to nominate indi-
                                                (2) Supply support.                                  ferred to in subsection (a).                           viduals for appointment to each academy
                                                (3) Packaging, handling, storage, and                   (3) Identify emerging law enforcement               through a secure website.
                                             transportation.                                         training requirements that are common                    (2) INFORMATION COLLECTION AND REPORT-
                                                (4) Maintenance planning and manage-                 among the Armed Forces and other Depart-               ING.—For purposes of preparing the report
                                             ment.                                                   ment law enforcement components and are                required by paragraph (1), the Secretary
                                                (5) Design interface.                                currently unmet by the Armed Forces or                 shall treat the online portal described in
                                                (6) Sustainment engineering.                         such components.                                       that paragraph as permitting the collection,
                                                (7) Technical data.                                     (4) Assess the feasibility, advisability, and       from each Member of Congress, of the demo-
                                                (8) Computer resources.                              suitability of incorporating standardized and          graphic information described in subsection
                                                (9) Facilities and infrastructure.                   merged field and operational training in               (b) for each individual nominated by the
                                                (10) Manpower and personnel.                         military law enforcement mission areas, in-            Member.
                                                (11) Support equipment.                              cluding area security operations, law and                (3) AVAILABILITY OF INFORMATION.—For
                                                (12) Training and training support.                  order operations, internment and resettle-             purposes of preparing the report, the Sec-
                                                (13) Governance, including the acquisition           ment operations, and police intelligence op-           retary shall treat the online portal as per-
                                             and program management structure.                       erations, in the training provided to all              mitting Members of Congress and their des-
                                                (14) Such other elements in the life cycle           Armed Forces and other Department law en-              ignees to view past nomination records for
                                             sustainment of the Ready, Relevant Learn-               forcement components.                                  all application cycles.
                                             ing initiative as the Secretary considers ap-              (5) Identify and assess Department courses,           (4) MATTERS IN CONNECTION WITH ESTABLISH-
                                             propriate.                                              programs, or institutions with the capability          MENT OF PORTAL.—If the Secretary deter-
                                                (c) REPORT ON USE OF READINESS ASSESS-               to support law enforcement training or infor-          mines that the online portal is feasible and
                                             MENT TEAMS.—The report required by sub-                 mation sharing between Department mili-                advisable, the report shall include—
                                             section (a)(2) shall set forth the following:           tary and civilian law enforcement compo-                 (A) a comprehensive description of the on-
                                                (1) A description and assessment of the ex-          nents and State, county, and local law en-             line portal; and
                                             tent to which the Navy is currently using               forcement agencies, with the capability to               (B) such recommendations for legislative
                                             Engineering Readiness Assessment Teams                  support law enforcement components of the              and administrative action as the Secretary
                                             (ERAT) and Combat Systems Readiness As-                 National Guard and other reserve compo-                considers appropriate to establish and main-
                                             sessment Teams (CSRAT) to conduct unit-                 nents of the Armed Forces, or with both such           tain the online portal.
                                             level training and assistance in each capac-                                                                     (b) STANDARD CLASSIFICATIONS FOR COLLEC-
                                                                                                     capabilities.
                                                                                                                                                            TION OF DEMOGRAPHIC DATA.—
                                             ity as follows:                                            (6) Assess the feasibility, advisability, and
                                                                                                                                                              (1) STANDARDS REQUIRED.—The Secretary of
                                                (A) To augment non-Ready, Relevant                   suitability of standardizing and merging the           Defense shall, in consultation with the Su-
                                             Learning initiative training.                           training referred to in subsection (a) across          perintendents of the military service acad-
                                                (B) As part of Ready, Relevant Learning              the Department, including an assessment of             emies, establish standard classifications that
                                             initiative training.                                    the costs of such standardization and merg-            cadets, midshipmen, and applicants to the
                                                (C) To train students on legacy, obsolete,           er.                                                    academies may use to self-identify gender,
                                             one of a kind, or unique systems that are                  (7) Any other matters the Secretary con-            race, and ethnicity and to provide other de-
                                             still widely used by the Navy.                          siders appropriate.                                    mographic information in connection with
                                                (D) To train students on military-specific           SEC. 544. QUARTERLY REPORTS ON IMPLEMEN-               admission to or enrollment in an academy.
                                             systems that are not found in the commer-                           TATION OF RECOMMENDATIONS OF
                                                                                                                 THE COMPREHENSIVE REVIEW OF
                                                                                                                                                              (2) CONSISTENCY WITH OMB GUIDANCE.—The
                                             cial maritime world.                                                                                           standard classifications established under
                                                (2) A description and assessment of poten-                       SPECIAL OPERATIONS FORCES CUL-
                                                                                                                 TURE AND ETHICS.                           paragraph (1) shall be consistent with the
                                             tial benefits, and anticipated timelines and                                                                   standard classifications specified in Office of
                                             costs, in expanding Engineering Readiness                 (a) QUARTERLY REPORTS REQUIRED.—Not
                                                                                                     later than March 1, 2021, and every 90 days            Management and Budget Directive No. 15
                                             Assessment Team and Combat Systems                                                                             (pertaining to race and ethnic standards for
                                             Readiness Assessment Team training in the               thereafter through March 1, 2024, the Assist-
                                                                                                     ant Secretary of Defense for Special Oper-             Federal statistics and administrative report-
                                             capacities specified in paragraph (1).                                                                         ing) or any successor directive.
                                                (3) Such other matters in connection with            ations and Low Intensity Conflict shall, in
                                                                                                     coordination with the Commander of the                   (3) INCORPORATION INTO APPLICATIONS AND
                                             the use of readiness assessment teams in                                                                       RECORDS.—Not later than one year after the
                                             connection with the Ready, Relevant Learn-              United States Special Operations Command,
                                                                                                     submit to the congressional defense commit-            date of the enactment of this Act, the Sec-
                                             ing initiative as the Secretary considers ap-                                                                  retary shall incorporate the standard classi-
                                             propriate.                                              tees a report on the current status of the im-
                                                                                                     plementation of the actions recommended as             fications established under paragraph (1)
                                             SEC. 543. REPORT ON STANDARDIZATION AND                                                                        into—
                                                        POTENTIAL MERGER OF LAW EN-                  a result of the Comprehensive Review of Spe-
                                                                                                     cial Operations Forces Culture and Ethics.               (A) applications for admission to the mili-
                                                        FORCEMENT TRAINING FOR MILI-
                                                        TARY AND CIVILIAN PERSONNEL                    (b) ELEMENTS.—Each report under sub-                 tary service academies; and
                                                        ACROSS THE DEPARTMENT OF DE-                 section (a) shall include the following:                 (B) the military personnel records of ca-
                                                        FENSE.                                         (1) A list of the actions required as of the         dets and midshipmen enrolled in such acad-
                                               (a) REPORT REQUIRED.—Not later than June              date of such report to complete full imple-            emies.
                                             8, 2021, the Secretary of Defense shall submit          mentation of each of the 16 actions rec-                 (c) MILITARY SERVICE ACADEMY DEFINED.—
                                             to the Committees on Armed Services of the                                                                     In this section, the term ‘‘military service
                                                                                                     ommended by the Comprehensive Review re-
                                             Senate and the House of Representatives a                                                                      academy’’ means—
                                                                                                     ferred to in subsection (a).
                                             report on the standardization and potential                                                                      (1) the United States Military Academy;
                                                                                                       (2) An identification of the office respon-
                                             merger of law enforcement training for mili-                                                                     (2) the United States Naval Academy; and
                                                                                                     sible for completing each action listed pursu-
                                             tary and civilian personnel across the De-                                                                       (3) the United States Air Force Academy.
                                                                                                     ant to paragraph (1), and an estimated
                                                                                                                                                            SEC. 546. PILOT PROGRAMS IN CONNECTION
                                             partment of Defense, including training of              timeline for completion of such action.                           WITH SENIOR RESERVE OFFICERS’
                                             military or civilian personnel of the Depart-             (3) If completion of any action listed pursu-                   TRAINING CORPS UNITS AT HISTORI-
                                             ment designated in accordance with section              ant to paragraph (1) requires resources or ac-                    CALLY BLACK COLLEGES AND UNI-
                                             2762 of title 10, United States Code, to pro-           tions for which authorization by statute is                       VERSITIES AND MINORITY INSTITU-
                                             tect buildings, grounds, and property under             required, a recommendation for legislative                        TIONS.
                                             the jurisdiction, custody, or control of the            action for such authorization.                           (a) PILOT PROGRAMS AUTHORIZED.—The
                                             Department and the persons on such prop-                  (4) Any other matters the Assistant Sec-             Secretary of Defense may carry out either or
                                             erty.                                                   retary or the Commander considers appro-               both of the pilot programs as follows:
                                               (b) ELEMENTS.—In developing the report re-            priate.                                                  (1) A pilot program, with elements as pro-
                                             quired by subsection (a), the Secretary shall           SEC. 545. INFORMATION ON NOMINATIONS AND               vided for in subsection (c), at covered insti-
                                             do, and include in the report the results of,                       APPLICATIONS FOR MILITARY SERV-            tutions in order to assess the feasibility and




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                                             the following:                                                      ICE ACADEMIES.                             advisability of mechanisms to reduce bar-
                                               (1) Identify and assess current law enforce-            (a) REPORT ON CONGRESSIONAL NOMINATIONS              riers to participation in the Senior Reserve
                                             ment training courses, schools, and pro-                PORTAL.—                                               Officers’ Training Corps at such institutions
                                             grams of the Armed Forces that have the                   (1) IN GENERAL.—Not later than one year              by creating partnerships between satellite or
                                             flexibility and capacity to support the train-          after the date of the enactment of this Act,           extension Senior Reserve Officers’ Training
                                             ing referred to in subsection (a) through               the Secretary of Defense shall, in consulta-           Corps units at such institutions and military
                                             common training standards.                              tion with the Superintendents of the mili-             installations.




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                                             S3778                                             CONGRESSIONAL RECORD — SENATE                                                           June 29, 2020
                                                (2) A pilot program, with elements as pro-           standards and is approved by the Federal               the pilot programs. The report shall include
                                             vided for in subsection (d), in order to assess         Aviation Administration and the applicable             the following:
                                             the feasibility and advisability of the provi-          State approving agency.                                  (A) A description of the pilot programs.
                                             sion of financial assistance to members of                (C) USE.—Financial assistance received by              (B) An assessment of the effectiveness of
                                             the Senior Reserve Officers’ Training Corps             a member under subparagraph (A) may be                 each pilot program.
                                             at covered institutions for participation in            used only to defray the charges and fees im-             (C) A description of the cost of each pilot
                                             flight training.                                        posed on the member as described in that               program, and an estimate of the cost of mak-
                                                (b) DURATION.—The duration of each pilot             subparagraph.                                          ing each pilot program permanent.
                                             program under subsection (a) may not exceed               (D) CESSATION OF ELIGIBILITY.—Financial                (D) An estimate of the cost of expanding
                                             five years.                                             assistance may not be provided to a member             each pilot program throughout all eligible
                                                (c) PILOT PROGRAM ON PARTNERSHIPS BE-                under subparagraph (A) as follows:                     Senior Reserve Officers’ Training Corps
                                             TWEEN SATELLITE OR EXTENSION SROTC                        (i) If the member ceases to meet the aca-            units.
                                             UNITS AND MILITARY INSTALLATIONS.—                      demic and other requirements established                 (E) Such recommendations for legislative
                                                (1) PARTICIPATING INSTITUTIONS.—The Sec-             pursuant to paragraph (1).                             or administrative action as the Secretary
                                             retary of Defense shall carry out the pilot               (ii) If the member ceases to be a member of          considers appropriate in light of the pilot
                                             program authorized by subsection (a)(1) at              the Senior Reserve Officers’ Training Corps.           programs, including recommendations for
                                             not fewer than five covered institutions se-                                                                   extending or making permanent the author-
                                             lected by the Secretary for purposes of the               (e) EVALUATION METRICS.—The Secretary
                                                                                                     of Defense shall establish metrics to evalu-           ity for each pilot program.
                                             pilot program.
                                                                                                     ate the effectiveness of the pilot programs              (g) DEFINITIONS.—In this section:
                                                (2) REQUIREMENTS FOR SELECTION.—Each
                                                                                                     under subsection (a).                                    (1) The term ‘‘covered institution’’ has the
                                             covered institution selected by the Secretary
                                                                                                       (f) REPORTS.—                                        meaning given that term in section 262(g)(2)
                                             for purposes of the pilot program authorized
                                                                                                       (1) INITIAL REPORT.—Not later than 180               of the National Defense Authorization Act
                                             by subsection (a)(1) shall—
                                                                                                     days after the commencement of the pilot               for Fiscal Year 2020 (Public Law 116–92).
                                                (A) currently maintain a satellite or exten-
                                                                                                     programs under subsection (a), the Secretary             (2) The term ‘‘flight training’’ means a
                                             sion Senior Reserve Officers’ Training Corps
                                                                                                     of Defense shall submit to the Committees              course of instruction toward obtaining any
                                             unit under chapter 103 of title 10, United
                                                                                                     on Armed Services of the Senate and the                of the following:
                                             States Code, that is located more than 20
                                                                                                     House of Representatives a report on the                 (A) A private pilot’s certificate.
                                             miles from the host unit of such unit; or
                                                (B) establish and maintain a satellite or            pilot programs. The report shall include the             (B) A commercial pilot certificate.
                                             extension Senior Reserve Officers’ Training             following:                                               (C) A certified flight instructor certificate.
                                             Corps unit that meets the requirements in                 (A) A description of each pilot program, in-           (D) A multi-crew pilot’s license.
                                             subparagraph (A).                                       cluding in the case of the pilot program                 (E) A flight instrument rating.
                                                (3) PREFERENCE IN SELECTION OF INSTITU-              under subsection (a)(2) the requirements es-             (F) Any other certificate, rating, or pilot
                                             TIONS.—In selecting covered institutions                tablished pursuant to subsection (d)(1).               privilege the Secretary considers appropriate
                                             under this subsection for participation in the            (B) The evaluation metrics established               for purposes of this section.
                                             pilot program authorized by subsection                  under subsection (e).                                    (3) The term ‘‘military installation’’ means
                                             (a)(1), the Secretary shall give preference to            (C) Such other matters relating to the               an installation of the Department of Defense
                                             covered institutions that are located within            pilot programs as the Secretary considers              for the regular components of the Armed
                                             20 miles of a military installation of the              appropriate.                                           Forces.
                                             same Armed Force as the host unit of the                  (2) ANNUAL REPORT.—Not later than 90 days            SEC. 547. EXPANSION OF JUNIOR RESERVE OFFI-
                                                                                                     after the end of each fiscal year in which the                     CERS’ TRAINING CORPS PROGRAM.
                                             Senior Reserve Officers’ Training Corp of the
                                             covered institution concerned.                          Secretary carries out the pilot programs, the            (a) EXPANSION OF JROTC CURRICULUM.—
                                                (4) PARTNERSHIP ACTIVITIES.—The activi-              Secretary shall submit to the Committees on            Section 2031(a)(2) of title 10, United States
                                             ties conducted under the pilot program au-              Armed Services of the Senate and the House             Code, is amended by inserting after ‘‘service
                                             thorized by subsection (a)(1) between a sat-            of Representatives a report on the pilot pro-          to the United States’’ the following: ‘‘(in-
                                             ellite or extension Senior Reserve Officers’            grams during such fiscal year. Each report             cluding an introduction to service opportuni-
                                             Training Corps unit and the military instal-            shall include, for the fiscal year covered by          ties in military, national, and public serv-
                                             lation concerned shall include such activi-             such report, the following:                            ice)’’.
                                             ties designed to reduce barriers to participa-            (A) In the case of the pilot program under             (b) PLAN TO INCREASE NUMBER OF JROTC
                                             tion in the Senior Reserve Officers’ Training           subsection (a)(1), a description of the part-          UNITS.—The Secretary of Defense shall, in
                                             Corps at the covered institution concerned              nerships between satellite or extension Sen-           consultation with the Secretaries of the
                                             as the Secretary considers appropriate, in-             ior Reserve Officers’ Training Corps units             military departments, develop and imple-
                                             cluding measures to mitigate travel time                and military installations under the pilot             ment a plan to establish and support not
                                             and expenses in connection with receipt of              program.                                               fewer than 6,000 units of the Junior Reserve
                                             Senior Reserve Officers’ Training Corps in-               (B) In the case of the pilot program under           Officers’ Training Corps by September 30,
                                             struction.                                              subsection (a)(2), the following:                      2031.
                                                (d) PILOT PROGRAM ON FINANCIAL ASSIST-                 (i) The number of members of Senior Re-              SEC. 548. DEPARTMENT OF DEFENSE STARBASE
                                             ANCE FOR SROTC MEMBERS FOR FLIGHT                       serve Officers’ Training Corps units at cov-                       PROGRAM.
                                             TRAINING.—                                              ered institutions selected for purposes of the          Section 2193b(h) of title 10, United States
                                                (1) ELIGIBILITY FOR PARTICIPATION BY SROTC           pilot program, including the number of such            Code, is amended by inserting ‘‘the Common-
                                             MEMBERS.—A member of a Senior Reserve Of-               members participating in the pilot program.            wealth of the Northern Mariana Islands,
                                             ficers’ Training Corps unit at a covered insti-           (ii) The number of recipients of financial           American Samoa,’’ before ‘‘and Guam’’.
                                             tution may participate in the pilot program             assistance provided under the pilot program,               Subtitle F—Decorations and Awards
                                             authorized by subsection (a)(2) if the member           including the number who—
                                                                                                                                                            SEC. 551. AWARD OR PRESENTATION OF DECORA-
                                             meets such academic requirements at the                   (I) completed a ground school course of in-                      TIONS FAVORABLY RECOMMENDED
                                             covered institution, and such other require-            struction in connection with obtaining a pri-                      FOLLOWING DETERMINATION ON
                                             ments, as the Secretary shall establish for             vate pilot’s certificate;                                          MERITS OF PROPOSALS FOR DECO-
                                             purposes of the pilot program.                            (II) completed flight training, and the type                     RATIONS NOT PREVIOUSLY SUB-
                                                (2) PREFERENCE IN SELECTION OF PARTICI-              of training, certificate, or both received;                        MITTED IN A TIMELY FASHION.
                                             PANTS.—In selecting members under this                    (III) were selected for a pilot training slot          (a) AWARD OR PRESENTATION AUTHORIZED.—
                                             subsection for participation in the pilot pro-          in the Armed Forces;                                   Section 1130 of title 10, United States Code,
                                             gram authorized by subsection (a)(2), the                 (IV) initiated pilot training in the Armed           is amended—
                                             Secretary shall give a preference to members            Forces; or                                               (1) by redesignating subsection (d) as sub-
                                             who will pursue flight training under the                 (V) successfully completed pilot training            section (e); and
                                             pilot program at a covered institution.                 in the Armed Forces.                                     (2) by inserting after subsection (c) the fol-
                                                (3) FINANCIAL ASSISTANCE FOR FLIGHT                    (iii) The amount of financial assistance             lowing new subsection (d):
                                             TRAINING.—                                              provided under the pilot program, broken                 ‘‘(d)(1) A decoration may be awarded or
                                                (A) IN GENERAL.—The Secretary may pro-               out by covered institution, course of study,           presented following the submission of a fa-
                                             vide any member of a Senior Reserve Offi-               and such other measures as the Secretary               vorable recommendation for the award or
                                             cers’ Training Corps who participates in the            considers appropriate.                                 presentation of the decoration under sub-
                                             pilot program authorized by subsection (a)(2)             (C) Data collected in accordance with the            section (b).




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                                             financial assistance to defray, whether in              evaluation metrics established under sub-                ‘‘(2) An award or presentation of a decora-
                                             whole or in part, the charges and fees im-              section (e).                                           tion under paragraph (1) may not occur be-
                                             posed on the member for flight training.                  (3) FINAL REPORT.—Not later than 180 days            fore the end of the 60-day period beginning
                                                (B) FLIGHT TRAINING.—Financial assistance            prior to the completion of the pilot pro-              on the date of the submission under sub-
                                             may be used under subparagraph (A) for a                grams, the Secretary shall submit to the               section (b) of the favorable recommendation
                                             course of flight training only if the course            Committees on Armed Services of the Senate             regarding the award or presentation of the
                                             meets Federal Aviation Administration                   and the House of Representatives a report on           decoration.




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                                             June 29, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S3779
                                                ‘‘(3) The authority to make an award or                 (ii) in the second sentence, by striking            propriated for fiscal year 2021 by section 301
                                             presentation of a decoration under this sub-            ‘‘the posthumous or honorary promotion or              and available for operation and maintenance
                                             section shall apply notwithstanding any lim-            appointment’’ and inserting ‘‘the pro-                 for Defense-wide activities as specified in the
                                             itation described in subsection (a).’’.                 motion’’; and                                          funding table in section 4301, $50,000,000 shall
                                                (b) CONFORMING AND CLERICAL AMEND-                      (B) in subsection (b), by striking ‘‘the post-      be available only for the purpose of providing
                                             MENTS.—                                                 humous or honorary promotion or appoint-               assistance to local educational agencies
                                                (1) SECTION HEADING.—The heading of sec-             ment’’ and inserting ‘‘the honorary pro-               under subsection (a) of section 572 of the Na-
                                             tion 1130 of such title is amended to read as           motion’’.                                              tional Defense Authorization Act for Fiscal
                                             follows:                                                   (2) AUTHORITY TO MAKE HONORARY PRO-                 Year 2006 (Public Law 109–163; 20 U.S.C.
                                             ‘‘§ 1130. Consideration of proposals for deco-          MOTIONS FOLLOWING REVIEW OF PROPOSALS.—                7703b).
                                                rations not previously submitted in timely           Such section is further amended—                         (b) LOCAL EDUCATIONAL AGENCY DEFINED.—
                                                fashion: procedures for review and award                (A) by redesignating subsection (c) as sub-         In this section, the term ‘‘local educational
                                                or presentation’’.                                   section (d); and                                       agency’’ has the meaning given that term in
                                                (2) TABLE OF SECTIONS.—The table of sec-                (B) by inserting after subsection (b) the           section 7013(9) of the Elementary and Sec-
                                             tions at the beginning of chapter 57 of such            following new subsection (c):                          ondary Education Act of 1965 (20 U.S.C.
                                             title is amended by striking the item relat-               ‘‘(c) AUTHORITY TO MAKE.—(1) Under regu-            7713(9)).
                                             ing to section 1130 and inserting the fol-              lations prescribed by the Secretary of De-             SEC. 562. IMPACT AID FOR CHILDREN WITH SE-
                                             lowing new item:                                        fense, the Secretary of Defense may make an                        VERE DISABILITIES.
                                                                                                     honorary promotion (whether or not post-                 (a) IN GENERAL.—Of the amount authorized
                                             ‘‘1130. Consideration of proposals for decora-
                                                                                                     humous) of a former member or retired                  to be appropriated for fiscal year 2021 pursu-
                                                            tions not previously submitted
                                                                                                     member of the armed forces to any grade not            ant to section 301 and available for operation
                                                            in timely fashion: procedures
                                                                                                     exceeding the grade of major general, rear             and maintenance for Defense-wide activities
                                                            for review and award or presen-
                                                                                                     admiral (upper half), or an equivalent grade           as specified in the funding table in section
                                                            tation.’’.
                                                                                                     in the Space Force following the submittal             4301, $10,000,000 shall be available for pay-
                                             SEC. 552. HONORARY PROMOTION MATTERS.
                                                                                                     of the determination of the Secretary con-             ments under section 363 of the Floyd D.
                                               (a) HONORARY PROMOTIONS ON INITIATIVE OF
                                                                                                     cerned under subsection (b) in connection              Spence National Defense Authorization Act
                                             DOD.—Chapter 80 of title 10, United States
                                                                                                     with the proposal for the promotion if the             for Fiscal Year 2001 (as enacted into law by
                                             Code, is amended by inserting after section
                                                                                                     determination is to approve the making of              Public Law 106–398; 114 Stat. 1654A–77; 20
                                             1563 the following new section:
                                                                                                     the promotion.                                         U.S.C. 7703a).
                                             ‘‘§ 1563a. Honorary promotions on the initia-              ‘‘(2) The Secretary of Defense may not                (b) ADDITIONAL AMOUNT.—Of the amount
                                                tive of the Department of Defense                    make an honorary promotion under this sub-             authorized to be appropriated for fiscal year
                                                ‘‘(a) IN GENERAL.—(1) Under regulations              section until 60 days after the date on which          2021 pursuant to section 301 and available for
                                             prescribed by the Secretary of Defense, the             the Secretary concerned submits the deter-             operation and maintenance for Defense-wide
                                             Secretary may make an honorary promotion                mination in connection with the proposal for           activities as specified in the funding table in
                                             (whether or not posthumous) of a former                 the promotion under subsection (b), and the            section 4301, $10,000,000 shall be available for
                                             member or retired member of the armed                   detailed rationale supporting the determina-           use by the Secretary of Defense to make pay-
                                             forces to any grade not exceeding the grade             tion as described in that subsection, to the           ments to local educational agencies deter-
                                             of major general, rear admiral (upper half),            Committees on Armed Services of the Senate             mined by the Secretary to have higher con-
                                             or an equivalent grade in the Space Force if            and the House of Representatives and the re-           centrations of military children with severe
                                             the Secretary determines that the promotion             questing Member in accordance with that                disabilities.
                                             is merited.                                             subsection.                                              (c) REPORT.—Not later than March 1, 2021,
                                                ‘‘(2) The authority to make an honorary                 ‘‘(3) The authority to make an honorary             the Secretary shall brief the Committees on
                                             promotion under this subsection shall apply             promotion under this subsection shall apply            Armed Services of the Senate and the House
                                             notwithstanding that the promotion is not               notwithstanding that the promotion is not              of Representatives on the Department’s eval-
                                             otherwise authorized by law.                            otherwise authorized by law.                           uation of each local educational agency with
                                                ‘‘(b) NOTICE TO CONGRESS.—The Secretary                 ‘‘(4) Any promotion pursuant to this sub-           higher concentrations of military children
                                             may not make an honorary promotion pursu-               section is honorary, and shall not affect the          with severe disabilities and subsequent de-
                                             ant to subsection (a) until 60 days after the           pay, retired pay, or other benefits from the           termination of the amounts of impact aid
                                             date on which the Secretary submits to the              United States to which the former member               each such agency shall receive.
                                             Committees on Armed Services of the Senate              or retired member concerned is or would                SEC. 563. STAFFING OF DEPARTMENT OF DE-
                                             and the House of Representatives a notice of            have been entitled based upon the military                        FENSE    EDUCATION    ACTIVITY
                                             the determination to make the promotion,                service of such former member or retired                          SCHOOLS TO MAINTAIN MAXIMUM
                                             including a detailed discussion of the ration-          member, nor affect any benefits to which                          STUDENT-TO-TEACHER RATIOS.
                                             ale supporting the determination.                       any other person may become entitled based               (a) IN GENERAL.—The Department of De-
                                                ‘‘(c) NOTICE OF PROMOTION.—Upon making               on the military service of such former mem-            fense Education Activity (DoDEA) shall staff
                                             an honorary promotion pursuant to sub-                  ber or retired member.’’.                              elementary and secondary schools operated
                                             section (a), the Secretary shall expeditiously             (3) HEADING AMENDMENT.—The heading of               by the Activity so as to maintain, to the ex-
                                             notify the former member or retired member              such section is amended to read as follows:            tent practicable, student-to-teacher ratios
                                             concerned, or the next of kin of such former                                                                   that do not exceed the maximum student-to-
                                                                                                     ‘‘§ 1563. Consideration of proposals from
                                             member or retired member if such former                                                                        teacher ratios specified in subsection (b).
                                                                                                        Members of Congress for honorary pro-
                                             member or retired member is deceased, of                                                                         (b) MAXIMUM STUDENT-TO-TEACHER RA-
                                                                                                        motions: procedures for review and pro-
                                             the promotion.                                                                                                 TIOS.—The maximum student-to-teacher ra-
                                                ‘‘(d) NATURE OF PROMOTION.—Any pro-                     motion’’.
                                                                                                                                                            tios specified in this subsection are the fol-
                                             motion pursuant to this section is honorary,               (c) CLERICAL AMENDMENT.—The table of
                                                                                                                                                            lowing:
                                             and shall not affect the pay, retired pay, or           sections at the beginning of chapter 80 of
                                                                                                                                                              (1) For each of grades kindergarten
                                             other benefits from the United States to                such title is amended by striking the item
                                                                                                                                                            through 3, a ratio of 18 students to 1 teacher
                                             which the former member or retired member               relating to section 1563 and inserting the fol-
                                                                                                                                                            (18:1).
                                             concerned is entitled or would have been en-            lowing new items:
                                                                                                                                                              (2) For each of grades 4 through 12, a ratio
                                             titled based on the military service of such            ‘‘1563. Consideration of proposals from Mem-           equal to the average student-to-teacher ratio
                                             former member or retired member, nor affect                            bers of Congress for honorary           for such grade among all Department of De-
                                             any benefits to which any other person is or                           promotions: procedures for re-          fense Education Activity schools during the
                                             may become entitled based on the military                              view and promotion.                     2019-2020 academic year.
                                             service of such former member or retired                ‘‘1563a. Honorary promotions on the initia-              (c) SUNSET.—The requirement to staff
                                             member.’’.                                                             tive of the Department of De-           schools in accordance with subsection (a)
                                                (b) MODIFICATION OF AUTHORITIES ON RE-                              fense.’’.                               shall expire at the end of the 2023-2024 aca-
                                             VIEW OF PROPOSALS FROM CONGRESS.—                         Subtitle G—Defense Dependents’ Education             demic year of the Department of Defense
                                                (1) STANDARDIZATION OF AUTHORITIES WITH                   and Military Family Readiness Matters             Education Activity.
                                             AUTHORITIES ON DOD INITIATIVE.—Section 1563
                                                                                                            PART I—DEFENSE DEPENDENTS’                      SEC. 564. MATTERS IN CONNECTION WITH FREE
                                             of title 10, United States Code, is amended—                         EDUCATION MATTERS                                     APPROPRIATE PUBLIC EDUCATION
                                                (A) in subsection (a)—                                                                                                  FOR DEPENDENTS OF MEMBERS OF
                                                                                                     SEC. 561. CONTINUATION OF AUTHORITY TO AS-
                                                (i) in the first sentence, by striking ‘‘the                     SIST LOCAL EDUCATIONAL AGEN-
                                                                                                                                                                        THE ARMED FORCES WITH SPECIAL




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                                             posthumous or honorary promotion or ap-                                                                                    NEEDS.
                                                                                                                 CIES THAT BENEFIT DEPENDENTS
                                             pointment of a member or former member of                           OF MEMBERS OF THE ARMED                      (a) INFORMATION ON DISPUTES REGARDING
                                             the armed forces, or any other person consid-                       FORCES AND DEPARTMENT OF DE-               RECEIPT OF FREE APPROPRIATE PUBLIC EDU-
                                             ered qualified,’’ and inserting ‘‘the honorary                      FENSE CIVILIAN EMPLOYEES.                  CATION BY SPECIAL NEEDS DEPENDENTS.—
                                             promotion (whether or not posthumous) of a                (a) ASSISTANCE TO SCHOOLS WITH SIGNIFI-                (1) IN GENERAL.—Each Secretary of a mili-
                                             former member or retired member of the                  CANT NUMBERS OF MILITARY DEPENDENT STU-                tary department shall collect and maintain
                                             armed forces’’; and                                     DENTS.—Of the amount authorized to be ap-              information on special education disputes




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                                             S3780                                             CONGRESSIONAL RECORD — SENATE                                                           June 29, 2020
                                             filed by members of the Armed Forces under              tion and efficacy of policies and programs for           (2) FINAL REPORT.—Not later than 180 days
                                             the jurisdiction of such Secretary.                     military dependents with special needs.                after the completion of the pilot program,
                                                (2) INFORMATION.—The information col-                  (3) DEADLINE FOR COMPLETION.—The Comp-               the Secretary shall submit to the commit-
                                             lected and maintained pursuant to this sub-             troller General shall complete the study by            tees of Congress referred to in paragraph (1)
                                             section shall include the following:                    not later than March 31, 2021.                         a final report on the pilot programs.
                                                (A) The number of special education dis-               (4) BRIEFING AND REPORT.—Upon comple-                  (3) ELEMENTS.—Each report under this sub-
                                             putes filed.                                            tion of the study, the Comptroller General             section shall include the following:
                                                (B) The outcome or disposition of the dis-           shall brief the Committees on Armed Serv-                (A) A description of the demographics of
                                             putes.                                                  ices of the Senate and the House of Rep-               the dependents participating in the pilot pro-
                                                (3) SOURCE OF INFORMATION.—The informa-              resentatives on the results of the study, and          gram through the date of such report.
                                             tion collected and maintained pursuant to               shall submit to such committees a report on              (B) Data on, and an assessment of, student
                                             this subsection shall be derived from the fol-          such results.                                          performance in virtual coursework by de-
                                             lowing:                                                   (c) DEFINITIONS.—In this section:                    pendents participating in the pilot program
                                                (A) Records and reports of case managers               (1) The term ‘‘free appropriate public edu-          over the duration of the pilot program.
                                             and navigators under the Exceptional Fam-               cation’’ includes appropriate special edu-               (C) Such recommendation as the Secretary
                                             ily Member Program (EFMP) of the Depart-                cation and related services required under             considers appropriate on whether to make
                                             ment of Defense.                                        the Individuals with Disabilities Education            the pilot program permanent.
                                                (B) Reports of members of the Armed                  Act (20 U.S.C. 1400 et seq.)                             (d) DEFINITIONS.—In this section:
                                             Forces concerned to installation or other                 (2) The term ‘‘local educational agency’’              (1) The term ‘‘rural area’’ has the meaning
                                             military leadership.                                    has the meaning given that term in section             given the term in section 520 of the Housing
                                                (C) Such other sources as the Secretary of           8101 of the Elementary and Secondary Edu-              Act of 1949 (42 U.S.C. 1490).
                                             the military department concerned considers             cation Act of 1965 (20 U.S.C. 7801).                     (2) The term ‘‘home-schooled student’’
                                             appropriate.                                              (3) The term ‘‘special education dispute’’           means a student in a grade equivalent to
                                                (4) ANNUAL REPORTS.— Each Secretary of a             means a complaint filed regarding the edu-             grade 9 through 12 who receives educational
                                             military department shall submit each year              cation provided a child with a disability (as          instruction at home or by other non-tradi-
                                             to the Office of Special Needs of the Depart-           defined in section 602 of the Individuals with         tional means outside of a public or private
                                             ment of Defense a report on the information             Disabilities Education Act (20 U.S.C. 1401),           school system, either all or most of the time.
                                             collected by such Secretary pursuant to this            including a complaint filed in accordance
                                                                                                                                                            SEC. 566. PILOT PROGRAM ON EXPANSION OF
                                             subsection during the preceding year.                   with section 615 or 639 of such Act (20 U.S.C.                     ELIGIBILITY FOR ENROLLMENT AT
                                                                                                     1415, 1439).                                                       DOMESTIC DEPENDENT ELEMEN-
                                                (b) COMPTROLLER GENERAL OF THE UNITED
                                                                                                     SEC. 565. PILOT PROGRAM ON EXPANDED ELIGI-                         TARY AND SECONDARY SCHOOLS.
                                             STATES STUDY.—                                                       BILITY FOR DEPARTMENT OF DE-
                                                (1) IN GENERAL.—The Comptroller General                                                                       (a) PILOT PROGRAM REQUIRED.—Beginning
                                                                                                                  FENSE EDUCATION ACTIVITY VIR-
                                             of the United States shall conduct a study on                        TUAL HIGH SCHOOL PROGRAM.
                                                                                                                                                            not later than 180 days after the date of the
                                             the following:                                            (a) PILOT PROGRAM REQUIRED.—                         enactment of this Act, the Secretary of De-
                                                (A) The consequences for a State or local              (1) IN GENERAL.—The Secretary of Defense             fense shall carry out a pilot program under
                                             educational agency of a finding of failure to           shall carry out a pilot program on permit-             which a dependent of a full-time, active-duty
                                             provide a free appropriate public education             ting dependents of members of the Armed                member of the Armed Forces may enroll in a
                                             to a military dependent.                                Forces on active duty to enroll in the De-             covered DODEA school at the military in-
                                                (B) The manner in which local educational            partment of Defense Education Activity Vir-            stallation to which the member is assigned,
                                             agencies with military families use the fol-            tual High School program (in this section re-          on a space-available basis as described in
                                             lowing:                                                 ferred to as the ‘‘DVHS program’’).                    subsection (c), without regard to whether the
                                                (i) Funds received under section 7003(d) of            (2) PURPOSES.—The purposes of the pilot              member resides on the installation as de-
                                             the Elementary and Secondary Education                  program shall be as follows:                           scribed in 2164(a)(1) of title 10, United States
                                             Act of 1965 (20 U.S.C. 7703(d)).                          (A) To evaluate the feasibility and                  Code.
                                                (ii) Funds authorized to be appropriated by          scalability of the DVHS program.                         (b) PURPOSES.—The purposes of the pilot
                                             annual national defense authorization Acts                (B) To assess the impact of expanded en-             program under this section are—
                                             and made available for impact aid for child             rollment in the DVHS program under the                   (1) to evaluate the feasibility and advis-
                                             with severe disabilities under section 363 of           pilot program on military and family readi-            ability of expanding enrollment in covered
                                             the Floyd D. Spence National Defense Au-                ness.                                                  DODEA schools; and
                                             thorization Act for Fiscal Year 2001 (20                  (3) DURATION.—The duration of the pilot                (2) to determine how increased access to
                                             U.S.C. 7703a).                                          program shall be four academic years.                  such schools will affect military and family
                                                (iii) Funds authorized to be appropriated              (b) PARTICIPANTS.—                                   readiness.
                                             by annual national defense authorization                  (1) IN GENERAL.—Participants in the pilot              (c)   ENROLLMENT       ON    SPACE-AVAILABLE
                                             Acts and made available for assistance to               program shall be selected by the Secretary             BASIS.—A student participating in the pilot
                                             schools with significant number of military             from among dependents of members of the                program under this section may be enrolled
                                             dependent students under subsection (a) of              Armed Forces on active duty who—                       in a covered DODEA school only if the school
                                             section 572 of the National Defense Author-               (A) are in a grade 9 through 12;                     has the capacity to accept the student, as de-
                                             ization Act for Fiscal Year 2006 (20 U.S.C.               (B) are currently ineligible to enroll in the        termined by the Director of the Department
                                             7703b).                                                 DVHS program; and                                      of Defense Education Activity.
                                                (C) The efficacy of attorney and other legal           (C) either—                                            (d) LOCATIONS.—The Secretary of Defense
                                             support for military families in special edu-             (i) require supplementary courses to meet            shall carry out the pilot program under this
                                             cation disputes.                                        graduation requirements in the current                 section at not more than four military in-
                                                (D) The standardization of policies and              State of residence; or                                 stallations at which covered DODEA schools
                                             guidance for School Liaison Officers between              (ii) otherwise demonstrate to the Sec-               are located. The Secretary shall select mili-
                                             the Office of Special Needs of the Depart-              retary a clear need to participate in the              tary installations for participation in the
                                             ment of Defense and the military depart-                DVHS program.                                          pilot program based on—
                                             ments, and the efficacy of such policies and              (2) PREFERENCE IN SELECTION.—In selecting              (1) the readiness needs of the Secretary of
                                             guidance.                                               participants in the pilot program, the Sec-            a the military department concerned; and
                                                (E) The improvements of family support               retary shall afford a preference to the fol-             (2) the capacity of the DODEA schools lo-
                                             programs of the Office of Special Needs, and            lowing:                                                cated at the installation to accept additional
                                             of each military department, in light of the              (A) Dependents who reside in a rural area.           students, as determined by the Director of
                                             recommendations of the Comptroller Gen-                   (B) Dependents who are home-schooled stu-            the Department of Defense Education Activ-
                                             eral in the report entitled ‘‘DOD Should Im-            dents.                                                 ity.
                                             prove Its Oversight of the Exceptional Fam-               (3) LIMITATIONS.—The total number of                   (e) TERMINATION.—The authority to carry
                                             ily Member Program’’, GAO–18–348.                       course enrollments per academic year au-               out the pilot program under this section
                                                (2) RECOMMENDATIONS.—In conducting the               thorized under the pilot program may not               shall terminate four years after the date of
                                             study, the Comptroller General shall develop            exceed 400 course enrollments. No single de-           the enactment of this Act.
                                             recommendations on the following:                       pendent participating in the pilot program               (f) COVERED DODEA SCHOOL DEFINED.—In
                                                (A) Improvements and enhancements to                 may take more than two courses per aca-                this section, the term ‘‘covered DODEA
                                             oversight and enforcement of compliance by              demic year under the pilot program.                    school’’ means a domestic dependent elemen-




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                                             local educational agencies with require-                  (c) REPORTS.—                                        tary or secondary school operated by the De-
                                             ments for the provision of a free appropriate             (1) INTERIM REPORT.—Not later than two               partment of Defense Education Activity
                                             public education to military dependents with            years after the date of the enactment of this          that—
                                             special needs.                                          Act, the Secretary shall submit to the Com-              (1) has been established on or before the
                                                (B) Improvements to the policies of the Of-          mittees on Armed Services of the Senate and            date of the enactment of this Act; and
                                             fice of Special Needs, and of each military             the House of Representatives an interim re-              (2) is located in the continental United
                                             department, with respect to the standardiza-            port on the pilot program.                             States.




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                                             June 29, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S3781
                                             SEC.   567.
                                                       COMPTROLLER GENERAL OF THE                    Member Program unless there is new sup-                  ‘‘(4) In this subsection, the term ‘qualified
                                                        UNITED STATES REPORT ON THE                  porting medical or educational information             relicensing costs’ means costs, including
                                                        STRUCTURAL CONDITION OF DE-
                                                                                                     that indicates the original condition is no            exam, continuing education courses, and reg-
                                                        PARTMENT    OF   DEFENSE  EDU-
                                                        CATION ACTIVITY SCHOOLS.                     longer present, and to track disenrollment             istration fees, incurred by the spouse of a
                                               (a) REPORT REQUIRED.—Not later than one               data per military service.’’;                          member if—
                                             year after the date of the enactment of this              (4) by redesignating subsections (f), (g), and         ‘‘(A) the spouse was licensed or certified in
                                             Act, the Comptroller General of the United              (h) as subsections (g), (h), and (i), respec-          a profession during the member’s previous
                                             States shall submit to the congressional de-            tively; and                                            duty assignment and requires a new license
                                             fense committees a report setting forth an                (5) by inserting after subsection (e) the fol-       or certification to engage in that profession
                                             assessment by the Comptroller General of                lowing new subsection:                                 in a new jurisdiction because of movement
                                             the structural condition of schools of the De-            ‘‘(f) METRICS.—The Secretary of Defense              described in paragraph (1)(B) in connection
                                             partment of Defense Education Activity,                 shall implement performance metrics for                with the member’s change in duty location
                                             both within the continental United States               measuring, across the Department and with              pursuant to reassignment described in para-
                                             (CONUS) and outside the continental United              respect to each military department, the fol-          graph (1)(A); and
                                             States (OCONUS).                                        lowing:                                                  ‘‘(B) the costs were incurred or paid to se-
                                               (b) VIRTUAL SCHOOLS.—The report shall in-               ‘‘(1) Assignment coordination and support            cure or maintain the license or certification
                                             clude an assessment of the virtual infra-               for military families with special needs, in-          from the new jurisdiction in connection with
                                             structure or other means by which students              cluding a systematic process for evaluating            such reassignment.’’.
                                             attend Department of Defense Education Ac-              each military department’s program for the               (b) REPEAL OF SUPERSEDED AUTHORITY.—
                                             tivity schools that have no physical struc-             support of military families with special              Section 476 of such title is amended by strik-
                                             ture, including the satisfaction of the mili-           needs.                                                 ing subsection (p).
                                             tary families concerned with such infrastruc-             ‘‘(2) The reassignment of military families          SEC. 575. IMPROVEMENTS TO DEPARTMENT OF
                                             ture or other means.                                    with special needs, including how often                            DEFENSE TRACKING OF AND RE-
                                               PART II—MILITARY FAMILY READINESS                     members request reassignments, for what                            SPONSE TO INCIDENTS OF CHILD
                                                                                                     reasons, and from what military installa-                          ABUSE INVOLVING MILITARY DE-
                                                              MATTERS
                                                                                                                                                                        PENDENTS ON MILITARY INSTALLA-
                                             SEC. 571. RESPONSIBILITY FOR ALLOCATION OF              tions.
                                                                                                                                                                        TIONS.
                                                         CERTAIN FUNDS FOR MILITARY                    ‘‘(3) The level of satisfaction of military
                                                                                                                                                              (a) IMPROVEMENTS REQUIRED.—
                                                         CHILD DEVELOPMENT PROGRAMS.                 families with special needs with the family
                                                                                                                                                              (1) IN GENERAL.—The Secretary of Defense
                                               Section 1791 of title 10, United States Code,         and medical support they are provided.’’.
                                                                                                                                                            shall, consistent with recommendations of
                                             is amended—                                             SEC. 573. PROCEDURES OF THE OFFICE OF SPE-
                                                                                                                 CIAL NEEDS FOR THE DEVELOP-                the Comptroller General of the United States
                                               (1) by inserting ‘‘(a) POLICY.—’’ before ‘‘It
                                                                                                                 MENT OF INDIVIDUALIZED SERV-               in Government Accountability Office report
                                             is the policy’’; and
                                                                                                                 ICES PLANS FOR MILITARY FAMI-              GA0–20–110, take actions in accordance with
                                               (2) by adding at the end the following new
                                                                                                                 LIES WITH SPECIAL NEEDS.                   this section in order to improve the efforts of
                                             subsection:
                                               ‘‘(b) RESPONSIBILITY FOR ALLOCATIONS OF                 Section 1781c(d)(4) of title 10, United States       the Department of Defense to track and re-
                                             CERTAIN FUNDS.—The Secretary of Defense                 Code, as amended by section 572(3)(C) of this          spond to incidents of child abuse involving
                                             shall be responsible for the allocation of Of-          Act, is further amended—                               dependents of members of the Armed Forces
                                             fice of the Secretary of Defense level funds              (1) in subparagraph (F), by striking ‘‘of an         that occur on military installations (in this
                                             for military child development programs for             individualized services plan (medical and              section referred to as ‘‘covered incidents of
                                             children from birth through 12 years of age,            educational)’’ and inserting ‘‘by an appro-            child abuse’’).
                                             and may not delegate such responsibility to             priate office of an individualized services              (2) CHILD ABUSE.—For purposes of this sec-
                                             the military departments.’’.                            plan (whether medical, educational, or                 tion, child abuse includes any abuse of a
                                             SEC. 572. IMPROVEMENTS TO EXCEPTIONAL FAM-              both)’’;                                               child, including sexual abuse, emotional
                                                          ILY MEMBER PROGRAM.                          (2) by redesignating subparagraphs (G), (H),         abuse, and neglect.
                                               Section 1781c of title 10, United States              and (I) as subparagraph (H), (I), and (J), re-           (b) DATA COLLECTION AND TRACKING OF INCI-
                                             Code is amended—                                        spectively; and                                        DENTS OF CHILD ABUSE.—
                                               (1) in subsection (b), by striking ‘‘enhance’’          (3) by inserting after subparagraph (F) the            (1) TRACKING OF NON-CAREGIVER ABUSE.—
                                             and inserting ‘‘standardize, enhance,’’;                following new paragraph (G):                           The Secretary of Defense shall establish a
                                               (2) in subsection (c)(1), by inserting ‘‘and            ‘‘(G) Procedures for the development of an           process for the Department of Defense Fam-
                                             standard’’ after ‘‘comprehensive’’;                     individualized services plan for military fam-         ily Advocacy Program to track reported cov-
                                               (3) in subsection (d)—                                ily members with special needs who have re-            ered incidents of child abuse in which the al-
                                               (A) in paragraph (1), by striking ‘‘update            quested family support services and have a             leged offender is not a parent, guardian, or
                                             from time to time’’ and inserting ‘‘regularly           completed family needs assessment.’’.                  someone in a caregiving role at the time of
                                             update’’;                                               SEC. 574. RESTATEMENT AND CLARIFICATION OF             the incident. The information so tracked
                                               (B) in paragraph (3), by adding at the end                        AUTHORITY TO REIMBURSE MEM-                shall comport with the information tracked
                                             the following new subparagraphs:                                    BERS FOR SPOUSE RELICENSING                by the Department of Defense in reported
                                               ‘‘(C) Ability to request a second review of                       COSTS PURSUANT TO A PERMANENT              covered incidents of child abuse in which the
                                                                                                                 CHANGE OF STATION.
                                             the approved assignment within or outside                                                                      alleged offender is a parent, guardian, or
                                             the continental United States if the member               (a) IN GENERAL.—Section 453 of title 37,             someone in a caregiving role at the time of
                                             believes the location is inappropriate for the          United States Code, is amended by adding at            the incident.
                                                                                                     the end the following new subsection:
                                             member’s family and would cause undue                                                                            (2) CENTRALIZED DATABASE FOR TRACKING OF
                                                                                                       ‘‘(g)   REIMBURSEMENT      OF   QUALIFYING
                                             hardship.                                                                                                      INCIDENTS.—
                                                                                                     SPOUSE RELICENSING COSTS INCIDENT TO A
                                               ‘‘(D) Protection from having a medical rec-           MEMBER’S PERMANENT CHANGE OF STATION OR                  (A) IN GENERAL.—The Secretary shall de-
                                             ommendation for an approved assignment                  ASSIGNMENT.—(1) From amounts otherwise                 velop and maintain in the Department of De-
                                             overriden by the commanding officer.                    made available for a fiscal year to provide            fense a centralized database to track infor-
                                               ‘‘(E) Ability to request continuation of lo-          travel and transportation allowances under             mation across the Department on all covered
                                             cation when there is a documented substan-              this chapter, the Secretary concerned may              incidents of child abuse that are reported to
                                             tial risk of transferring medical care or edu-          reimburse a member of the armed forces for             the Family Advocacy Program or inves-
                                             cational services to a new provider or school           qualified relicensing costs of the spouse of           tigated by a military criminal investigation
                                             at the specific time of permanent change of             the member when—                                       organization, regardless of whether the al-
                                             station.                                                  ‘‘(A) the member is reassigned, either as a          leged offender was another child, an adult, or
                                               ‘‘(F) If an order for assignment is declined          permanent change of station or permanent               someone in a non-caregiving role at the time
                                             for a military family with special needs, the           change of assignment, between duty stations            of an incident.
                                             member will receive a reason for the decline            located in separate jurisdictions with unique            (B) ELEMENTS.—The centralized database
                                             of that order.’’; and                                   licensing or certification requirements and            required by this paragraph shall include, for
                                               (C) in paragraph (4), by adding at the end            authorities; and                                       each incident within the database, the fol-
                                             the following new subparagraphs:                          ‘‘(B) the movement of the member’s de-               lowing:
                                               ‘‘(H) Procedures to right-size the Depart-            pendents is authorized at the expense of the             (i) Information pertinent to a determina-
                                             ment’s Exceptional Family Member Program                United States under this section as part of            tion by the Family Advocacy Program
                                             to ensure efficient and effective enrollment,           the reassignment.                                      whether such incident meets the criteria of
                                             for sufficient staffing dedicated to providing            ‘‘(2) Reimbursement provided to a member             the Department for treatment as an incident




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                                             family support services, to include com-                under this subsection may not exceed $1000             of child abuse.
                                             prehensive training, education and outreach             in connection with each reassignment de-                 (ii) The results of any investigation of such
                                             services, and sufficient oversight and admin-           scribed in paragraph (1).                              incident by a military criminal investigation
                                             istrative support for effective program oper-             ‘‘(3) No reimbursement may be provided               organization.
                                             ation.                                                  under this subsection for qualified reli-                (iii) Information on the ultimate disposi-
                                               ‘‘(I)     Requirements        to      prohibit        censing costs paid or incurred after Decem-            tion of the incident, if any, including any ad-
                                             disenrollment from the Exceptional Family               ber 31, 2024.                                          ministrative or prosecutorial action taken.




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                                             S3782                                             CONGRESSIONAL RECORD — SENATE                                                           June 29, 2020
                                               (C) ANNUAL REPORTS ON INFORMATION.—The                  (i) one or more certified pediatric sexual             (C) BRIEFING.—Not later than one year
                                             information collected and maintained in the             assault examiners are located in each geo-             after the date of the enactment of this Act,
                                             centralized database shall be reported on an            graphic region specified pursuant to subpara-          the Secretary of each military department
                                             annual basis as part of the annual reports              graph (A); and                                         shall provide to the Committees on Armed
                                             from the Family Advocacy Program on child                 (ii) examiners so located serve as certified         Services of the Senate and the House of Rep-
                                             abuse and domestic abuse in the military as             pediatric sexual assault examiners through-            resentatives a briefing on the status of the
                                             required by section 574 of the National De-             out such region, without regard to Armed               development of a memorandum of under-
                                             fense Authorization Act for Fiscal Year 2017            Force or installation.                                 standing with the National Children’s Alli-
                                             (Public Law 114–328; 130 Stat. 2141).                     (5) REMOVAL OF CHILDREN FROM UNSAFE                  ance under this paragraph, together with in-
                                               (D) BRIEFINGS.—Not later than March 31,               HOMES OVERSEAS.—The Secretary of Defense               formation on which installations, if any,
                                             2021, and every six months thereafter until             shall, in consultation with the Secretaries of         under the jurisdiction of such Secretary have
                                             the centralized database required by this               the military departments, issue policy that            entered into a written agreement with a
                                             paragraph is fully operational, the Secretary           clarifies and standardizes across the Armed            local children’s advocacy center with respect
                                             shall brief the Committees on Armed Serv-               Forces the circumstances under which a                 to child abuse on such installations.
                                             ices of the Senate and the House of Rep-                commander may remove a child from a po-                SEC. 576. MILITARY CHILD CARE AND CHILD DE-
                                             resentatives on the status of the database.             tentially unsafe home at an installation                           VELOPMENT CENTER MATTERS.
                                               (3) DEPARTMENT OF DEFENSE EDUCATION AC-               overseas.                                                (a) CENTER FEES MATTERS.—Section 1793 of
                                             TIVITY GUIDANCE.—The Department of De-                    (6) RESOURCE GUIDE FOR FAMILIES AFFECTED             title 10, United States Code, is amended by
                                             fense Education Activity (DoDEA) shall                  BY CHILD ABUSE.—                                       adding at the end the following new sub-
                                             issue clarifications of its guidance on the in-           (A) IN GENERAL.—The Secretary of each                sections:
                                             cidents of child-on-child abuse that qualify            military department shall develop and main-              ‘‘(c) LIBERAL ISSUANCE OF HARDSHIP WAIV-
                                                                                                                                                            ERS.—The regulations prescribed pursuant to
                                             as serious incidents for purposes of require-           tain a comprehensive guide on resources
                                                                                                                                                            subsection (a) shall require that installation
                                             ments for the reporting of such serious inci-           available through the Department of Defense
                                                                                                                                                            commanders issue waivers of fees otherwise
                                             dents by school administrators to Activity              and such military department for military
                                                                                                                                                            established under the regulations for inabil-
                                             leadership.                                             families under this jurisdiction of such Sec-
                                                                                                                                                            ity to pay (commonly referred to as ‘hard-
                                               (c) RESPONSE PROCEDURES.—                             retary who are affected by child abuse.                ship waivers’) on a liberal basis in a manner
                                               (1) INCIDENT DETERMINATION COMMITTEE                    (B) ELEMENTS.—Each guide under this                  consistent (as specified by the Secretary in
                                             MEMBERSHIP.—The Department of Defense                   paragraph shall include the following:                 such regulations) with ensuring that fees
                                             Family Advocacy Program shall ensure that                 (i) Information on the response processes            collected pursuant to subsection (a) meet the
                                             the voting membership of each Incident De-              of the Family Advocacy Programs and mili-              operating expenses of the child development
                                             termination Committee on a military instal-             tary criminal investigation organizations of           centers concerned.
                                             lation includes medical personnel with the              the military department concerned.                       ‘‘(d) FAMILY DISCOUNT.—In the case of a
                                             requisite knowledge and expertise to deter-               (ii) Lists of available support services, such       family with two or more children attending
                                             mine whether a reported covered incident of             as legal, medical, and victim advocacy serv-           a child development center, the regulations
                                             abuse meets the criteria of the Department              ices, through the Department of Defense and            prescribed pursuant to subsection (a) shall
                                             of Defense for treatment as child abuse.                the military department concerned.                     require that installations commanders
                                               (2) SCREENING REPORTED INCIDENTS OF CHILD               (C) DISTRIBUTION.—A resource guide under             charge a fee for attendance at the center of
                                             ABUSE.—                                                 this paragraph shall be presented to a mili-           any child of the family after the first child of
                                               (A) DEVELOPMENT OF STANDARDIZED PROC-                 tary family by an installation Family Advo-            the family in amount equal to 85 percent of
                                             ESS.—The Department of Defense Family Ad-               cacy Program and military criminal inves-              the amount of the fee otherwise chargeable
                                             vocacy Program shall develop a standardized             tigation personnel at the time a covered in-           for the attendance of such child at the cen-
                                             process by which the Family Advocacy Pro-               cident of child abuse involving a child in             ter.’’.
                                             grams of the military departments screen re-            such family is reported.                                 (b) CHILD CARE FEE ASSISTANCE PROGRAMS
                                             ported covered incidents of child abuse to de-            (D) AVAILABILITY ON INTERNET.—A current              THROUGHOUT THE ARMED FORCES.—
                                                                                                     version of each resource guide under this                (1) PROGRAMS AUTHORIZED.—Each Sec-
                                             termine whether to present such incident to
                                                                                                     paragraph shall be available to the public on          retary of a military department may carry
                                             an Incident Determination Committee.
                                                                                                     an Internet website of the military depart-            out a program for each Armed Force under
                                               (B) MONITORING.—The Secretary of each
                                                                                                     ment concerned available to the public.                the jurisdiction of such Secretary under
                                             military department shall develop a process
                                                                                                                                                            which a member of the Armed Forces who is
                                             to monitor the manner in which reported                   (d) COORDINATION AND COLLABORATION WITH
                                                                                                                                                            obtaining child care services from a civilian
                                             covered incidents of child abuse are screened           NON-MILITARY RESOURCES.—
                                                                                                                                                            child care services provider located off a
                                             by each installation under the jurisdiction of            (1) COORDINATION WITH STATES.—The Sec-
                                                                                                                                                            military installation is paid (subject to any
                                             such Secretary in order to ensure that such             retary of Defense shall—
                                                                                                                                                            limitation established by such Secretary) a
                                             screening complies with the standardized                  (A) continue the outreach efforts of the De-
                                                                                                                                                            monthly amount equal to the amount, if
                                             screening process developed pursuant to sub-            partment of Defense to the States in order to
                                                                                                                                                            any, by which—
                                             paragraph (A).                                          ensure that States are notified when a mem-              (A) the monthly amount charged by such
                                               (3) REQUIRED NOTIFICATIONS.—                          ber of the Armed Forces or a military de-              provider for such services; exceeds
                                               (A) DOCUMENTATION.—The Secretary of                   pendent is involved in a reported incident of            (B) the monthly amount the military de-
                                             each military department shall require that             child abuse off a military installation; and           partment concerned pays or otherwise pro-
                                             installation Family Advocacy Programs and                 (B) increase efforts at information sharing          vides members at such installation for child
                                             military criminal investigation organiza-               between the Department and the States on               care services on such installation.
                                             tions under the jurisdiction of such Sec-               such incidents of child abuse, including                 (2) MODEL.—Any program carried out pur-
                                             retary document in their respective data-               entry into memoranda of understanding with             suant to paragraph (1) shall be modeled after
                                             bases the date on which they notified the               State child welfare agencies on information            the Army Fee Assistance Program, and in-
                                             other of a reported covered incident of child           sharing in connection with such incidents.             corporate such modifications to that Pro-
                                             abuse.                                                    (2) COLLABORATION WITH NATIONAL CHIL-                gram as the Secretary of the military de-
                                               (B) OVERSIGHT.—The Secretary of each                  DREN’S ALLIANCE.—
                                                                                                                                                            partment concerned considers appropriate.
                                             military department shall require that the                (A) MEMORANDA OF UNDERSTANDING.—The                    (3) SECRETARY OF DEFENSE APPROVAL.—Any
                                             Family Advocacy Program of such military                Secretary of each military department shall            program of an Armed Force under paragraph
                                             department, and the headquarters of the                 seek to enter into a memorandum of under-              (1) shall be subject to the approval of the
                                             military criminal investigation organiza-               standing with the National Children’s Alli-            Secretary of Defense.
                                             tions of such military department, to de-               ance under which—                                        (c) ADDITIONAL ACTIONS TO OBTAIN QUALI-
                                             velop processes to oversee the documenta-                 (i) the children’s advocacy center services          FIED CHILD CARE EMPLOYEES.—
                                             tion of notifications required by subpara-              of the Alliance are available to all installa-           (1) IN GENERAL.—Section 1792 of title 10,
                                             graph (A) in order to ensure that such notifi-          tions in the continental United States under           United States Code, is amended—
                                             cations occur on a consistent basis at instal-          the jurisdiction of such Secretary; and                  (A) by redesignating subsection (d) as sub-
                                             lation level.                                             (ii) members of the Armed Forces under               section (e); and
                                               (4) CERTIFIED PEDIATRIC SEXUAL ASSAULT                the jurisdiction of such Secretary are made              (B) by inserting after subsection (c) the fol-
                                             FORENSIC EXAMINERS.—                                    aware of the nature and availability of such           lowing new subsection (d):
                                               (A) GEOGRAPHIC REGIONS FOR EXAMINERS.—                services.                                                ‘‘(d) ADDITIONAL ACTIONS TO OBTAIN QUALI-
                                             The Under Secretary of Defense for Per-                   (B) PARTICIPATION OF CERTAIN ENTITIES.—              FIED EMPLOYEES.—Each Secretary of a mili-




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                                             sonnel and Readiness shall specify geo-                 Each memorandum of understanding under                 tary department may, with the approval of
                                             graphic regions in which military families              this paragraph shall provide for the appro-            the Secretary of Defense, take actions in ad-
                                             reside for purposes of the availability of and          priate participation of the Family Advocacy            dition to actions authorized by subsection (c)
                                             access to certified pediatric sexual assault            Program and military criminal investigation            to provide military child development cen-
                                             examiners in such regions.                              organizations of the military department               ters under the jurisdiction of such Secretary
                                               (B) AVAILABILITY.—The Under Secretary                 concerned in activities under such memo-               with a qualified and stable civilian work-
                                             shall ensure that—                                      randum of understanding.                               force, including actions as follows:




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                                             June 29, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                    S3783
                                               ‘‘(1) Enhanced marketing and recruitment              shall, in accordance with subsection (c), be             (B) Procedures under which the applicable
                                             for employment.                                         corrected in, or expunged or otherwise re-             component of the Department will correct,
                                               ‘‘(2) Provision to employees of education-            moved from, the following:                             expunge or remove, take other appropriate
                                             related benefits, including tuition assistance            (1) A law enforcement or criminal inves-             action on, or assist a covered person in so
                                             and student loan repayment programs.                    tigative report of the Department of Defense           doing, any record maintained by a person,
                                               ‘‘(3) Availability and enhancement of                 or any component of the Department.                    organization, or entity outside of the De-
                                             wellness and physical fitness programs for                (2) An index item or entry in the Depart-            partment to which such component provided,
                                             employees.                                              ment of Defense Central Index of Investiga-            submitted, or transmitted information about
                                               ‘‘(4) Provision of such other competitive             tions (DCII).                                          the covered person, which information has or
                                             benefits as the Secretary of the military de-             (3) Any other record maintained in connec-           will be corrected in, or expunged or removed
                                             partment and the Secretary of Defense joint-            tion with a report described in paragraph (1),         from, Department records pursuant to this
                                             ly consider appropriate.’’.                             or an index item or entry described in para-           section.
                                               (2) REPORTS ON INSTALLATIONS WITH EX-                 graph (2), in any system of records, records             (C) The timeline pursuant to which the De-
                                             TREME IMBALANCE BETWEEN DEMAND FOR AND                  database, records center, or repository main-          partment, or a component of the Depart-
                                             AVAILABILITY OF CHILD CARE.—Not later than              tained by or on behalf of the Department.              ment, as applicable, will respond to each of
                                             one year after the date of the enactment of               (b) COVERED PERSONS.—For purposes of                 the following:
                                             this Act, each Secretary of a military de-              this section, a covered person is any person             (i) A request pursuant to subsection (a).
                                             partment shall submit to Congress a report              whose name was placed or reported, or is                 (ii) An appeal under the procedures re-
                                             on the military installations under the juris-          maintained—                                            quired by subparagraph (A).
                                             diction of such Secretary with an extreme                 (1) in the subject or title block of a law en-         (iii) A request for assistance under the pro-
                                             imbalance between demand for child care                 forcement or criminal investigative report of          cedures required by subparagraph (B).
                                             and availability of child care. Each report             the Department of Defense (or any compo-                 (D) Mechanisms through which the Depart-
                                             shall include, for the military department              nent of the Department);                               ment will keep a covered person apprised of
                                             covered by such report, the following:                    (2) as an item or entry in the Department            the progress of the Department on a covered
                                               (A) The name of the five installations of             of Defense Central Index of Investigations; or         person’s request or appeal as described in
                                             the military department experiencing the                  (3) in any other record maintained in con-           subparagraph (C).
                                             most extreme imbalance between demand for               nection with a report described in paragraph             (d) APPLICABILITY.—The policy and process
                                             child care and availability of child care.              (1), or an index item or entry described in            required to be developed by the Secretary
                                               (B) For each installation named pursuant              paragraph (2), in any system of records,               under subsection (a) shall not be subject to
                                             to subparagraph (A), the following:                     records database, records center, or reposi-           the notice and comment rulemaking require-
                                               (i) An assessment whether civilian employ-            tory maintained by or on behalf of the De-             ments under section 553 of title 5, United
                                             ees at child development centers at such in-            partment.                                              States Code.
                                             stallation have rates of pay and benefits that            (c) ELEMENTS.—The policy and process re-               (e) REPORT.—Not later than October 1, 2021,
                                             are competitive with other civilian employ-             quired by subsection (a) shall include the fol-        the Secretary shall submit to the Commit-
                                             ees on such installation and with the civilian          lowing elements:                                       tees on Armed Services of the Senate and the
                                             labor pool in the vicinity of such installa-              (1)     BASIS     FOR      CORRECTION       OR
                                                                                                                                                            House of Representatives a report on the ac-
                                             tion.                                                   EXPUNGEMENT.—That the name, personally
                                                                                                                                                            tions taken to carry out this section, includ-
                                               (ii) A description and assessment of var-             identifying information, and other informa-            ing a comprehensive description of the pol-
                                             ious incentives to encourage military                   tion of a covered person shall be corrected            icy and process developed and implemented
                                             spouses to become providers under the Fam-              in, or expunged or otherwise removed from, a           by the Secretary under subsection (a).
                                             ily Child Care program at such installation.            report, item or entry, or record described in          SEC. 587. NATIONAL EMERGENCY EXCEPTION
                                               (iii) Such recommendations at the Sec-                                                                                  FOR TIMING REQUIREMENTS WITH
                                                                                                     paragraphs (1) through (3) of subsection (a)                      RESPECT TO CERTAIN SURVEYS OF
                                             retary of the military department concerned             in the following circumstances:                                   MEMBERS OF THE ARMED FORCES.
                                             considers appropriate to address the imbal-               (A) Probable cause did not or does not
                                             ance between demand for child care and                                                                           (a) MEMBERS OF REGULAR AND RESERVE
                                                                                                     exist to believe that the offense for which            COMPONENTS.—Subsection (d) of section 481
                                             availability of child care at such installa-            the person’s name was placed or reported, or
                                             tion, including recommendations to enhance                                                                     of title 10, United States Code, is amended to
                                                                                                     is maintained, in such report, item or entry,          read as follows:
                                             the competitiveness of civilian child care po-          or record occurred, or insufficient evidence             ‘‘(d) WHEN SURVEYS REQUIRED.—(1) The
                                             sitions at such installation with other civil-          existed or exists to determine whether or not          Armed Forces Workplace and Gender Rela-
                                             ian positions at such installation and the ci-          such offense occurred.                                 tions Surveys of the Active Duty and the
                                             vilian labor pool in the vicinity of such in-             (B) Probable cause did not or does not exist         Armed Forces Workplace and Gender Rela-
                                             stallation.                                             to believe that the person actually com-               tions Survey of the Reserve Components
                                             SEC. 577. EXPANSION OF FINANCIAL ASSISTANCE             mitted the offense for which the person’s
                                                         UNDER MY CAREER ADVANCEMENT                                                                        shall each be conducted once every two
                                                                                                     name was so placed or reported, or is so               years. The surveys may be conducted within
                                                         ACCOUNT PROGRAM.
                                                                                                     maintained, or insufficient evidence existed           the same year or in two separate years, and
                                               Section 580F of the National Defense Au-
                                                                                                     or exists to determine whether or not the              shall be conducted in a manner designed to
                                             thorization Act for Fiscal Year 2020 (Public
                                                                                                     person actually committed such offense.                reduce the burden of the surveys on members
                                             Law 116–92) is amended—
                                                                                                       (C) Such other circumstances, or on such             of the armed forces.
                                               (1) by inserting ‘‘(a) PROFESSIONAL LICENSE
                                                                                                     other bases, as the Secretary may specify in             ‘‘(2) The two Armed Forces Workplace and
                                             OR CERTIFICATION; ASSOCIATE’S DEGREE.—’’
                                                                                                     establishing the policy and process, which             Equal Opportunity Surveys shall be con-
                                             before ‘‘The Secretary’’;
                                                                                                     circumstances and bases may not be incon-              ducted at least once every four years. The
                                               (2) by inserting ‘‘or maintenance (including
                                                                                                     sistent with the circumstances and bases               surveys may be conducted within the same
                                             continuing education courses)’’ after ‘‘pur-
                                                                                                     provided by subparagraphs (A) and (B).                 year or in two separate years, and shall be
                                             suit’’; and
                                                                                                       (2) CONSIDERATIONS.—While not dispositive            conducted in a manner designed to reduce
                                               (3) by adding at the end the following new
                                                                                                     as to the existence of a circumstance or basis         the burden of the surveys on members of the
                                             subsection:
                                               ‘‘(b) NATIONAL TESTING.—Financial assist-             set forth in paragraph (1), the following shall        armed forces.
                                             ance under subsection (a) may be applied to             be considered in the determination whether               ‘‘(3)(A) The Secretary of Defense may post-
                                             the costs of national tests that may earn a             such circumstance or basis applies to a cov-           pone the conduct of a survey under this sec-
                                             participating military spouse course credits            ered person for purposes of this section:              tion if the Secretary determines that con-
                                             required for a degree approved under the pro-             (A) The extent or lack of corroborating              ducting such survey is not practicable due to
                                             gram (including the College Level Examina-              evidence against the covered person con-               a war or national emergency declared by the
                                             tion Program tests).’’.                                 cerned with respect to the offense at issue.           President or Congress.
                                                                                                       (B) Whether adverse administrative, dis-               ‘‘(B) The Secretary shall ensure that a sur-
                                                        Subtitle H—Other Matters                     ciplinary, judicial, or other such action was          vey postponed under subparagraph (A) is
                                             SEC. 586. REMOVAL OF PERSONALLY IDENTI-                 initiated against the covered person for the           conducted as soon as practicable after the
                                                        FYING AND OTHER INFORMATION
                                                                                                     offense at issue.                                      end of the period of war or national emer-
                                                        OF CERTAIN PERSONS FROM INVES-
                                                        TIGATIVE REPORTS, THE DEPART-                  (C) The type, nature, and outcome of any             gency concerned, or earlier if the Secretary
                                                        MENT OF DEFENSE CENTRAL INDEX                action described in subparagraph (B) against           determines appropriate.
                                                        OF INVESTIGATIONS, AND OTHER                 the covered person.                                      ‘‘(C) The Secretary shall notify Congress of
                                                        RECORDS AND DATABASES.                         (3) PROCEDURES.—The policy and process               a determination under subparagraph (A) not




dlhill on DSK120RN23PROD with SENATE
                                               (a) POLICY AND PROCESS REQUIRED.—Not                  required by subsection (a) shall include pro-          later than 30 days after the date on which
                                             later than October 1, 2021, the Secretary of            cedures as follows:                                    the Secretary makes such determination.’’.
                                             Defense shall establish and maintain a pol-               (A) Procedures under which a covered per-              (b) CADETS AND MIDSHIPMEN.—
                                             icy and process through which any covered               son may appeal a determination of the appli-             (1) UNITED STATES MILITARY ACADEMY.—
                                             person may request that the person’s name,              cable component of the Department of De-               Section 7461(c) of title 10, United States
                                             personally identifying information, and                 fense denying, whether in whole or in part, a          Code, is amended by adding at the end the
                                             other information pertaining to the person              request for purposes of subsection (a).                following new paragraph:




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                                             S3784                                             CONGRESSIONAL RECORD — SENATE                                                          June 29, 2020
                                               ‘‘(3)(A) The Secretary of Defense may post-             ‘‘(2) If the Secretary sunsets the Physical          (1)(B) is suitable for expansion for purposes
                                             pone the conduct of an assessment under this            Disability Board of Review under paragraph             of the pilot program.
                                             subsection if the Secretary determines that             (1), the Secretary shall transfer any remain-            (c) ELEMENTS.—A pilot program under sub-
                                             conducting such assessment is not prac-                 ing requests for review pending at that time,          section (a) shall include the following:
                                             ticable due to a war or national emergency              and shall assign any new requests for review             (1) A technical capability that enables the
                                             declared by the President or Congress.                  under this section, to a board for the correc-         National Guard of a State to remotely pro-
                                               ‘‘(B) The Secretary of Defense shall ensure           tion of military records operated by the Sec-          vide cybersecurity technical assistance to
                                             that an assessment postponed under subpara-             retary concerned under section 1552 of this            State governments and National Guards of
                                             graph (A) is conducted as soon as practicable           title..                                                other States, without the need to deploy out-
                                             after the end of the period of war or national            ‘‘(3) Subsection (c)(4) shall not apply with         side its home State.
                                             emergency concerned, or earlier if the Sec-             respect to any review conducted by a board               (2) Policies, processes, procedures, and au-
                                             retary determines appropriate.                          for the correction of military records under           thorities for use of such a capability, includ-
                                               ‘‘(C) The Secretary of Defense shall notify           paragraph (2).’’.                                      ing with respect to the following:
                                             Congress of a determination under subpara-              SEC. 589. EXTENSION OF REPORTING DEADLINE                (A) The roles and responsibilities of both
                                             graph (A) not later than 30 days after the                          FOR THE ANNUAL REPORT ON THE               requesting and deploying State governments
                                             date on which the Secretary makes such de-                          ASSESSMENT OF THE EFFECTIVE-               and National Guards with respect to such
                                                                                                                 NESS OF ACTIVITIES OF THE FED-             technical assistance, taking into account the
                                             termination.’’.
                                                                                                                 ERAL VOTING ASSISTANCE PRO-                matters specified in subsection (f).
                                               (2) UNITED STATES NAVAL ACADEMY.—Sec-                             GRAM.
                                             tion 8480(c) of such title is amended by add-                                                                    (B) Necessary updates to the Defense Cyber
                                                                                                       (a) ELIMINATION OF REPORTS FOR NON-ELEC-             Incident Coordinating Procedure, or any
                                             ing at the end the following new paragraph:             TION YEARS.—Section 105A(b) of the Uni-
                                               ‘‘(3)(A) The Secretary of Defense may post-                                                                  other applicable Department of Defense in-
                                                                                                     formed and Overseas Citizens Absentee Vot-             struction, for purposes of implementing the
                                             pone the conduct of an assessment under this            ing Act (52 U.S.C. 20308(b)) is amended, in the
                                             subsection if the Secretary determines that                                                                    capability.
                                                                                                     matter preceding paragraph (1)—                          (C) Program management and governance
                                             conducting such assessment is not prac-                   (1) by striking ‘‘March 31 of each year’’ and
                                             ticable due to a war or national emergency                                                                     structures for deployment and maintenance
                                                                                                     inserting ‘‘September 30 of each odd-num-              of the capability.
                                             declared by the President or Congress.                  bered year’’; and
                                               ‘‘(B) The Secretary of Defense shall ensure                                                                    (D) Security when performing remote sup-
                                                                                                       (2) by striking ‘‘the following information’’        port, including such in matters such as au-
                                             that an assessment postponed under subpara-
                                                                                                     and inserting ‘‘the following information              thentication and remote sensing.
                                             graph (A) is conducted as soon as practicable
                                                                                                     with respect to the Federal elections held               (3) The conduct, in coordination with the
                                             after the end of the period of war or national
                                                                                                     during the preceding calendar year’’.                  Chief of the National Guard Bureau and the
                                             emergency concerned, or earlier if the Sec-               (b) CONFORMING AMENDMENTS.—Subsection
                                             retary determines appropriate.                                                                                 Secretary of Homeland Security and in con-
                                                                                                     (b) of section 105A of such Act (52 U.S.C.             sultation with the Director of the Federal
                                               ‘‘(C) The Secretary of Defense shall notify           20308(b)) is amended—
                                             Congress of a determination under subpara-                                                                     Bureau of Investigation, other Federal agen-
                                                                                                       (1) in the subsection heading, by striking           cies, and appropriate non-Federal entities, of
                                             graph (A) not later than 30 days after the              ‘‘ANNUAL REPORT’’ and inserting ‘‘BIENNIAL
                                             date on which the Secretary makes such de-                                                                     at least one exercise to demonstrate the ca-
                                                                                                     REPORT’’; and                                          pability, which exercise shall include the fol-
                                             termination.’’.                                           (2) in paragraph (3), by striking ‘‘In the
                                               (3) UNITED STATES AIR FORCE ACADEMY.—                                                                        lowing:
                                                                                                     case of’’ and all that follows through ‘‘a de-           (A) Participation of not fewer than two
                                             Section 9461(c) of such title is amended by             scription’’ and inserting ‘‘A description’’.
                                             adding at the end the following new para-                                                                      State governments and their National
                                                                                                     SEC. 590. PILOT PROGRAMS ON REMOTE PROVI-              Guards.
                                             graph:                                                              SION BY NATIONAL GUARD TO
                                               ‘‘(3)(A) The Secretary of Defense may post-                                                                    (B) Circumstances designed to test and
                                                                                                                 STATE GOVERNMENTS AND NA-
                                             pone the conduct of an assessment under this                                                                   validate the policies, processes, procedures,
                                                                                                                 TIONAL GUARDS OF OTHER STATES
                                             subsection if the Secretary determines that                         OF CYBERSECURITY TECHNICAL AS-             and authorities developed pursuant to para-
                                             conducting such assessment is not prac-                             SISTANCE IN TRAINING, PREPARA-             graph (2).
                                             ticable due to a war or national emergency                          TION, AND RESPONSE TO CYBER IN-              (C) An after action review of the exercise.
                                                                                                                 CIDENTS.                                     (d) USE OF EXISTING TECHNOLOGY.—An ad-
                                             declared by the President or Congress.
                                                                                                       (a) PILOT PROGRAMS AUTHORIZED.—The                   ministering Secretary may use an existing
                                               ‘‘(B) The Secretary of Defense shall ensure
                                                                                                     Secretary of the Army and the Secretary of             platform, technology, or capability to pro-
                                             that an assessment postponed under subpara-
                                                                                                     the Air Force may each, in consultation with           vide the capability described in subsection
                                             graph (A) is conducted as soon as practicable
                                                                                                     the Chief of the National Guard Bureau, con-           (a) under the pilot program.
                                             after the end of the period of war or national                                                                   (e) ELIGIBILITY AND PARTICIPATION RE-
                                             emergency concerned, or earlier if the Sec-             duct a pilot program to assess the feasibility
                                                                                                     and advisability of the development of a ca-           QUIREMENTS.—An administering Secretary
                                             retary determines appropriate.                                                                                 shall, in consultation with the Chief of the
                                               ‘‘(C) The Secretary of Defense shall notify           pability within the National Guard through
                                                                                                     which a National Guard of a State remotely             National Guard Bureau, establish require-
                                             Congress of a determination under subpara-                                                                     ments with respect to eligibility and partici-
                                             graph (A) not later than 30 days after the              provides State governments and National
                                                                                                                                                            pation of State governments and their Na-
                                             date on which the Secretary makes such de-              Guards of other States (whether or not in the
                                                                                                                                                            tional Guards in the pilot program.
                                             termination.’’.                                         same Armed Force as the providing National               (f) CONSTRUCTION WITH CERTAIN CURRENT
                                               (c) DEPARTMENT OF DEFENSE CIVILIAN EM-                Guard) with cybersecurity technical assist-            AUTHORITIES.—
                                             PLOYEES.—Section 481a of title 10, United               ance in training, preparation, and response              (1) COMMAND AUTHORITIES.—Nothing in a
                                             States Code, is amended by adding at the end            to cyber incidents. If such Secretary elects           pilot program under subsection (a) may be
                                             the following new subsection:                           to conduct such a pilot program, such Sec-             construed as affecting or altering the com-
                                               ‘‘(d) POSTPONEMENT.—(1) The Secretary of              retary shall be known as an ‘‘administering            mand authorities otherwise applicable to
                                             Defense may postpone the conduct of a sur-              Secretary’’ for purposes of this section, and          any unit of the National Guard unit partici-
                                             vey under this section if the Secretary deter-          any reference in this section to ‘‘the pilot           pating in the pilot program.
                                             mines that conducting such survey is not                program’’ shall be treated as a reference to             (2) EMERGENCY MANAGEMENT ASSISTANCE
                                             practicable due to a war or national emer-              the pilot program conducted by such Sec-               COMPACT.—Nothing in a pilot program may
                                             gency declared by the President or Congress.            retary.                                                be construed as affecting or altering any cur-
                                               ‘‘(2) The Secretary shall ensure that a sur-            (b) ASSESSMENT PRIOR TO COMMENCE-
                                                                                                                                                            rent agreement under the Emergency Man-
                                             vey postponed under paragraph (1) is con-               MENT.—For purposes of evaluating existing
                                                                                                                                                            agement Assistance Compact, or any other
                                             ducted as soon as practicable after the end of          platforms, technologies, and capabilities
                                                                                                                                                            State agreements, or as determinative of the
                                             the period of war or national emergency con-            under subsection (c), and for establishing eli-
                                                                                                                                                            future content of any such agreement.
                                             cerned, or earlier if the Secretary deter-              gibility and participation requirements                  (g) EVALUATION METRICS.—An admin-
                                             mines appropriate.                                      under subsection (d), for purposes of the pilot        istering Secretary shall, in consultation
                                               ‘‘(3) The Secretary shall notify Congress of          program, an administering Secretary, in con-           with the Chief of the National Guard Bureau
                                             a determination under paragraph (1) not                 sultation with the Chief of the National               and the Secretary of Homeland Security, es-
                                             later than 30 days after the date on which              Guard Bureau, shall, prior to commencing               tablish metrics to evaluate the effectiveness
                                             the Secretary makes such determination.’’.              the pilot program—                                     of the pilot program.
                                             SEC. 588. SUNSET AND TRANSFER OF FUNCTIONS                (1) conduct an assessment of—                          (h) TERM.—A pilot program under sub-
                                                         OF   THE   PHYSICAL  DISABILITY               (A) existing cyber response capacities of            section (a) shall terminate on the date that
                                                         BOARD OF REVIEW.                            the Army National Guard or Air National                is three years after the date of the com-




dlhill on DSK120RN23PROD with SENATE
                                               Section 1554a of title 10, United States              Guard, as applicable, in each State; and               mencement of the pilot program.
                                             Code, is amended by adding at the end the                 (B) any existing platform, technology, or              (i) REPORTS.—
                                             following new subsection:                               capability of a National Guard that provides             (1) INITIAL REPORT.—Not later than 180
                                               ‘‘(g) SUNSET.—(1) On or after October 1,              the capability described in subsection (a);            days after the date of the commencement of
                                             2020, the Secretary of Defense may sunset               and                                                    the pilot program, the administering Sec-
                                             the Physical Disability Board of Review                   (2) determine whether a platform, tech-              retary shall submit to the appropriate com-
                                             under this section.                                     nology, or capability described in paragraph           mittees of Congress a report setting forth a




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                                             June 29, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S3785
                                             description of the pilot program and such               ance of funeral honors details by members of           hazardous duty pay under this section to a
                                             other matters in connection with the pilot              the Army National Guard and the Air Na-                member of a regular or reserve component of
                                             program as the Secretary considers appro-               tional Guard under section 115 of title 32,            the Armed Forces who—
                                             priate.                                                 United States Code, and may authorize the                (1) performs duty in response to the
                                               (2) FINAL REPORT.—Not later than 180 days             remainder of such details to consist of mem-           Coronavirus Disease 2019 (COVID–19); and
                                             after the termination of the pilot program,             bers of veterans organizations or other orga-            (2) is entitled to basic pay under section
                                             the administering Secretary shall submit to             nizations approved for purposes of section             204 of title 37, United States Code, or com-
                                             the appropriate committees of Congress a re-            1491 of title 10, United States Code, as pro-          pensation under section 206 of such title, for
                                             port on the pilot program. The report shall             vided for by subsection (b)(2) of such section         the performance of such duty.
                                             include the following:                                  1491.                                                    (b) REGULATIONS.—Hazardous duty pay
                                               (A) A description of the pilot program, in-             (b) ELEMENTS.—The briefing under sub-                shall be payable under this section in accord-
                                             cluding any partnerships entered into by the            section (a) shall include a description in de-         ance with regulations prescribed by the Sec-
                                             Chief of the National Guard Bureau under                tail the authorities and requirements for the          retary of Defense. Such regulations shall
                                             the pilot program.                                      implementation of the plan, including ad-              specify the duty in response to the
                                               (B) A summary of the assessment per-                  ministrative, logistical, coordination, and            Coronavirus Disease 2019 qualifying a mem-
                                             formed prior to the commencement of the                 funding authorities and requirements.                  ber for payment of such pay under this sec-
                                             pilot program in accordance with subsection             SEC. 592. LIMITATION ON IMPLEMENTATION OF              tion.
                                             (b).                                                                ARMY COMBAT FITNESS TEST.                    (c) AMOUNT.—The amount of hazardous
                                                                                                       The Secretary of the Army may not imple-             duty pay paid a member under this section
                                               (C) A summary of the evaluation metrics
                                                                                                     ment the Army Combat Fitness Test until                shall be such amount per month, not less
                                             established in accordance with subsection
                                                                                                     the Secretary receives results of a study,             than $150 per month, as the Secretary of De-
                                             (g).
                                                                                                     conducted for purposes of this section by an           fense shall specify in the regulations under
                                               (D) An assessment of the effectiveness of
                                                                                                     entity independent of the Department of De-            subsection (b).
                                             the pilot program, and of the capability de-                                                                     (d) MONTHLY PAYMENT; NO PRORATION.—
                                                                                                     fense, on the following:
                                             scribed in subsection (a) under the pilot pro-                                                                   (1) MONTHLY PAYMENT.—Hazardous duty
                                                                                                       (1) The extent, if any, to which the test
                                             gram.                                                                                                          pay under this section shall be paid on a
                                                                                                     would adversely impact members of the
                                               (E) A description of costs associated with                                                                   monthly basis.
                                                                                                     Army stationed or deployed to climates or
                                             the implementation and conduct of the pilot                                                                      (2) NO PRORATION.—Hazardous duty pay is
                                                                                                     areas with conditions that make prohibitive
                                             program.                                                the conduct of outdoor physical training on            payable to a member under this section for a
                                               (F) A recommendation as to the termi-                 a frequent or sustained basis.                         month if the member performs any duty in
                                             nation or extension of the pilot program, or              (2) The extent, if any, to which the test            that month qualifying the person for pay-
                                             the making of the pilot program permanent               would affect recruitment and retention in              ment of such pay.
                                             with an expansion nationwide.                           critical support military occupational spe-              (e) MONTHS FOR WHICH PAYABLE.—Haz-
                                               (G) An estimate of the costs of making the            cialties (MOS) of the Army, such as medical            ardous duty pay is payable under this sec-
                                             pilot program permanent and expanding it                personnel.                                             tion for qualifying duty performed in months
                                             nationwide in accordance with the rec-                                                                         occurring during the period—
                                                                                                       TITLE VI—COMPENSATION AND OTHER
                                             ommendation in subparagraph (F).                                                                                 (1) beginning on January 1, 2020; and
                                                                                                                PERSONNEL BENEFITS
                                               (H) Such recommendations for legislative                                                                       (2) ending on December 31, 2020.
                                             or administrative action as the Secretary                      Subtitle A—Pay and Allowances                     (f) CONSTRUCTION WITH OTHER PAY.—Haz-
                                             considers appropriate in light of the pilot             SEC. 601. REORGANIZATION OF CERTAIN ALLOW-             ardous duty pay payable to a member under
                                             program.                                                            ANCES OTHER THAN TRAVEL AND                this section is in addition to the following:
                                                                                                                 TRANSPORTATION ALLOWANCES.
                                               (3) APPROPRIATE COMMITTEES OF CONGRESS                                                                         (1) Any other pay and allowances to which
                                                                                                       (a) PER DIEM FOR DUTY OUTSIDE THE CONTI-
                                             DEFINED.—In this subsection, the term ‘‘ap-                                                                    the member is entitled by law.
                                                                                                     NENTAL UNITED STATES.—
                                             propriate committees of Congress’’ means—                                                                        (2) Any other hazardous duty pay to which
                                                                                                       (1) TRANSFER TO CHAPTER 7.—Section 475 of
                                               (A) the Committee on Armed Services and                                                                      the member is entitled under section 351 of
                                                                                                     title 37, United States Code, is transferred to
                                             the Committee on Homeland Security and                                                                         title 37, United States Code (or any other
                                                                                                     chapter 7 of such title, inserted after section
                                             Governmental Affairs of the Senate; and                                                                        provision of law), for duty that also con-
                                                                                                     403b, and redesignated as section 405.
                                               (B) the Committee on Armed Services and                                                                      stitutes qualifying duty for payment of such
                                                                                                        (2) REPEAL OF TERMINATION PROVISION.—
                                             the Committee on Homeland Security of the                                                                      pay under this section.
                                                                                                     Section 405 of title 37, United States Code, as
                                             House of Representatives.                                                                                        (g) SENSE OF SENATE.—It is the sense of the
                                                                                                     added by paragraph (1), is amended by strik-
                                               (j) STATE DEFINED.—In this section, the                                                                      Senate that the Secretary of Defense should
                                                                                                     ing subsection (f).
                                             term ‘‘State’’ means each of the several                                                                       also authorize hazardous duty pay for mem-
                                             States, the District of Columbia, the Com-                 (3) RETITLING OF AUTHORITY.—The heading             bers of the Armed Forces not under orders
                                             monwealth of Puerto Rico, American Samoa,               of section 405 of title 37, United States Code,        specific to the response to the Coronavirus
                                             Guam, the United States Virgin Islands, and             as so added, is amended to read as follows:            Disease 2019 who provide—
                                             the Commonwealth of the Northern Mariana                ‘‘§ 405. Per diem while on duty outside the              (1) healthcare in a military medical treat-
                                             Islands.                                                   continental United States’’.                        ment facility for individuals infected with
                                             SEC. 591. PLAN ON PERFORMANCE OF FUNERAL                   (b) ALLOWANCE FOR FUNERAL HONORS                    the Coronavirus Disease 2019; or
                                                         HONORS DETAILS BY MEMBERS OF                DUTY.—                                                   (2) technical or administrative support for
                                                         OTHER ARMED FORCES WHEN MEM-                   (1) TRANSFER TO CHAPTER 7.—Section 495 of           the provision of healthcare as described in
                                                         BERS OF THE ARMED FORCE OF THE              title 37, United States Code, is transferred to        paragraph (1).
                                                         DECEASED ARE UNAVAILABLE.                   chapter 7 of such title, inserted after section
                                               (a) BRIEFING ON PLAN.—                                                                                            Subtitle B—Bonuses and Special and
                                                                                                     433a, and redesignated as section 435.                                  Incentive Pays
                                               (1) IN GENERAL.—Not later than 180 days                  (2) REPEAL OF TERMINATION PROVISION.—
                                             after the date of the enactment of this Act,                                                                   SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EX-
                                                                                                     Section 435 of title 37, United States Code, as                    PIRING BONUS AND SPECIAL PAY
                                             the Secretary of Defense shall provide a                added by paragraph (1), is amended by strik-                       AUTHORITIES.
                                             briefing to the Committees on Armed Serv-               ing subsection (c).
                                             ices of the Senate and the House of Rep-                                                                         (a) AUTHORITIES RELATING TO RESERVE
                                                                                                        (c) CLERICAL AMENDMENTS.—                           FORCES.—Section 910(g) of title 37, United
                                             resentatives setting forth a plan for the per-             (1) CHAPTER 7.—The table of sections at the         States Code, relating to income replacement
                                             formance of a funeral honors detail at the fu-          beginning of chapter 7 of such title 37,               payments for reserve component members
                                             neral of a deceased member of the Armed                 United States Code, is amended—                        experiencing extended and frequent mobili-
                                             Forces by one or more members of the                       (A) by inserting after the item relating to         zation for active duty service, is amended by
                                             Armed Forces from an Armed Force other                  section 403b the following new item:                   striking ‘‘December 31, 2020’’ and inserting
                                             than that of the deceased when—                         ‘‘405. Per diem while on duty outside the con-         ‘‘December 31, 2021’’.
                                               (A) members of the Armed Force of the de-                           tinental United States.’’;                 (b) TITLE 10 AUTHORITIES RELATING TO
                                             ceased are unavailable for the performance              and                                                    HEALTH CARE PROFESSIONALS.—The following
                                             of the detail; and                                         (B) by inserting after the item relating to         sections of title 10, United States Code, are
                                               (B) the performance of the detail by mem-             section 433a the following new item:                   amended by striking ‘‘December 31, 2020’’ and
                                             bers of other Armed Forces is requested by              ‘‘435. Funeral honors duty: allowance.’’.              inserting ‘‘December 31, 2021’’:
                                             the family of the deceased.                                (2) CHAPTER 8.—The table of sections at the           (1) Section 2130a(a)(1), relating to nurse of-
                                               (2) REPEAL OF REQUIREMENT FOR ONE MEM-                beginning of chapter 8 of such title is amend-         ficer candidate accession program.
                                             BER OF ARMED FORCE OF DECEASED IN DE-                   ed by striking the items relating to sections            (2) Section 16302(d), relating to repayment




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                                             TAIL.—Section 1491(b)(2) of title 10, United            475 and 495.                                           of education loans for certain health profes-
                                             States Code, is amended in the first sentence           SEC. 602. HAZARDOUS DUTY PAY FOR MEMBERS               sionals who serve in the Selected Reserve.
                                             by striking ‘‘, at least one of whom shall be                       OF THE ARMED FORCES PER-                     (c) AUTHORITIES RELATING TO NUCLEAR OF-
                                             a member of the armed force of which the                            FORMING DUTY IN RESPONSE TO                FICERS.—Section 333(i) of title 37, United
                                             veteran was a member’’.                                             THE CORONAVIRUS DISEASE 2019.              States Code, is amended by striking ‘‘Decem-
                                               (3) PERFORMANCE.—The plan required by                   (a) IN GENERAL.—The Secretary of the                 ber 31, 2020’’ and inserting ‘‘December 31,
                                             paragraph (1) shall authorize the perform-              military department concerned shall pay                2021’’.




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                                             S3786                                             CONGRESSIONAL RECORD — SENATE                                                           June 29, 2020
                                               (d) AUTHORITIES RELATING TO TITLE 37 CON-             person was prevented from performing such                (d) PROCEDURES.—Such section is further
                                             SOLIDATED SPECIAL PAY, INCENTIVE PAY, AND               duty due to travel or duty restrictions im-            amended by adding at the end the following
                                             BONUS AUTHORITIES.—The following sections               posed by the President, the Secretary of De-           new subsection:
                                             of title 37, United States Code, are amended            fense, or the Secretary of Homeland Security             ‘‘(d) The Secretary of Defense shall pre-
                                             by striking ‘‘December 31, 2020’’ and insert-           with respect to the Coast Guard.                       scribe regulations under which a Reserve of
                                             ing ‘‘December 31, 2021’’:                                 ‘‘(ii) A person may not be credited more            the Army, Navy, Air Force, Marine Corps, or
                                               (1) Section 331(h), relating to general bonus         than 35 points in a one-year period under              Coast Guard may waive the pay and allow-
                                             authority for enlisted members.                         this subparagraph.                                     ances authorized by law for the duty the Re-
                                               (2) Section 332(g), relating to general bonus            ‘‘(iii) In this subparagraph, the term ‘cov-        serve is performing under subsection (a)(2) or
                                             authority for officers.                                 ered emergency period’ means the period be-            (b)(2).’’.
                                               (3) Section 334(i), relating to special avia-         ginning on March 1, 2020, and ending on the              (e) EFFECTIVE DATE.—The amendments
                                             tion incentive pay and bonus authorities for            day that is 60 days after the date on which            made by this section shall take effect 180
                                             officers.                                               the travel or duty restriction applicable to           days after the date of the enactment of this
                                               (4) Section 335(k), relating to special bonus         the person concerned is lifted.’’; and                 Act.
                                             and incentive pay authorities for officers in              (2) in the matter following subparagraph                       Subtitle D—Other Matters
                                             health professions.                                     (F), as inserted by paragraph (1), by striking
                                                                                                                                                            SEC. 631. PERMANENT AUTHORITY FOR AND EN-
                                               (5) Section 336(g), relating to contracting           ‘‘and (E)’’ and inserting ‘‘(E), and (F)’’.                        HANCEMENT OF THE GOVERNMENT
                                             bonus for cadets and midshipmen enrolled in                (b) AMOUNT OF RETIRED PAY.—Section                              LODGING PROGRAM.
                                             the Senior Reserve Officers’ Training Corps.            12733(3) of such title is amended in the mat-
                                                                                                                                                              (a) PERMANENT AUTHORITY.—Section 914 of
                                               (6) Section 351(h), relating to hazardous             ter preceding subparagraph (A), by striking
                                                                                                                                                            the Carl Levin and Howard P. ‘‘Buck’’
                                             duty pay.                                               ‘‘or (D)’’ and inserting ‘‘(D), or (F)’’.
                                                                                                                                                            McKeon National Defense Authorization Act
                                               (7) Section 352(g), relating to assignment            SEC. 622. MODERNIZATION AND CLARIFICATION
                                                                                                                OF PAYMENT OF CERTAIN RE-
                                                                                                                                                            for Fiscal Year 2015 (5 U.S.C. 5911 note) is
                                             pay or special duty pay.                                                                                       amended—
                                               (8) Section 353(i), relating to skill incen-                     SERVES WHILE ON DUTY.
                                                                                                       (a) CHANGE IN PRIORITY OF PAYMENTS FOR                 (1) in subsection (a), by striking ‘‘, for the
                                             tive pay or proficiency bonus.                                                                                 period of time described in subsection (b),’’;
                                               (9) Section 355(h), relating to retention in-         RETIRED OR RETAINER PAY.—Subsection (a)
                                                                                                     of section 12316 of title 10, United States            and
                                             centives for members qualified in critical                                                                       (2) by striking subsection (b).
                                             military skills or assigned to high priority            Code, is amended—
                                                                                                        (1) in the matter preceding paragraph (1)—            (b) EXCLUSION OF CERTAIN SHIPYARD EM-
                                             units.                                                                                                         PLOYEES.—Such section is further amended
                                               (e) AUTHORITY TO PROVIDE TEMPORARY IN-                   (A) by striking ‘‘subsection (b)’’ and insert-
                                                                                                     ing ‘‘subsection (c)’’; and                            by inserting after subsection (a) the fol-
                                             CREASE IN RATES OF BASIC ALLOWANCE FOR
                                                                                                        (B) by striking ‘‘his earlier military serv-        lowing new subsection (b):
                                             HOUSING.—Section 403(b)(7)(E) of title 37,
                                                                                                     ice’’ and inserting ‘‘the Reserve’s earlier              ‘‘(b) EXCLUSION OF CERTAIN SHIPYARD EM-
                                             United States Code, is amended by striking
                                                                                                     military service’’;                                    PLOYEES.—In carrying out a Government
                                             ‘‘December 31, 2020’’ and inserting ‘‘Decem-
                                                                                                        (C) by striking ‘‘a pension, retired or re-         lodging program under the authority in sub-
                                             ber 31, 2021’’.
                                                                                                     tainer pay, or disability compensation’’ and           section (a), the Secretary shall exclude from
                                             SEC. 612. INCREASE IN SPECIAL AND INCENTIVE
                                                                                                     inserting ‘‘retired or retainer pay’’; and             the requirements of the program employees
                                                         PAYS FOR OFFICERS IN HEALTH
                                                         PROFESSIONS.                                   (D) by striking ‘‘he is entitled’’ and insert-      who are traveling for the performance of
                                               (a) ACCESSION BONUS GENERALLY.—Sub-                   ing ‘‘the Reserve is entitled’’; and                   mission functions of a public shipyard of the
                                             paragraph (A) of section 335(e)(1) of title 37,            (2) by striking paragraphs (1) and (2) and          Department if the purpose or mission of such
                                             United States Code, is amended by striking              inserting the following new paragraphs:                travel would be adversely affected by the re-
                                             ‘‘$30,000’’ and inserting ‘‘$100,000’’.                    ‘‘(1) the pay and allowances authorized by          quirements of the program.’’.
                                                (b) ACCESSION BONUS FOR CRITICALLY SHORT             law for the duty that the Reserve is per-                (c) CONFORMING AMENDMENT.—The heading
                                             WARTIME SPECIALTIES.—Subparagraph (B) of                forming; or                                            of such section is amended to read as follows:
                                             such section is amended by striking                        ‘‘(2) if the Reserve specifically waives            ‘‘SEC. 914. GOVERNMENT LODGING PROGRAM.’’.
                                             ‘‘$100,000’’ and inserting ‘‘$200,000’’.                those payments, the retired or retainer pay            SEC. 632. APPROVAL OF CERTAIN ACTIVITIES BY
                                                (c) RETENTION BONUS.—Subparagraph (C) of                                                                                  RETIRED AND RESERVE MEMBERS
                                                                                                     to which the Reserve is entitled because of
                                                                                                                                                                          OF THE UNIFORMED SERVICES.
                                             such section is amended by striking ‘‘$75,000’’         the Reserve’s earlier military service.’’.
                                             and inserting ‘‘$150,000’’.                                (b) PAYMENTS FOR PENSION OR DISABILITY                 (a) CLARIFICATION OF ACTIVITIES FOR WHICH
                                                (d) INCENTIVE PAY.—Subparagraph (D) of               COMPENSATION.—Such section is further                  APPROVAL REQUIRED.—Section 908 of title 37,
                                             such section is amended—                                amended—                                               United States Code, is amended—
                                                (1) in clause (i), by striking ‘‘$100,000’’ and         (1) by redesignating subsection (b) as sub-           (1) in subsection (a)—
                                             inserting ‘‘$200,000’’; and                             section (c); and                                         (A) in the matter preceding paragraph (1)—
                                                (2) in clause (ii), by striking ‘‘$15,000’’ and         (2) by inserting after subsection (a) the fol-        (i) by striking ‘‘subsection (b)’’ and insert-
                                             inserting ‘‘$50,000’’.                                  lowing new subsection (b):                             ing ‘‘subsections (b) and (c)’’; and
                                                (e) BOARD CERTIFICATION PAY.—Subpara-                   ‘‘(b) Except as provided by subsection (c), a         (ii) by inserting ‘‘, accepting payment for
                                             graph (E) of such section is amended by                 Reserve of the Army, Navy, Air Force, Ma-              speeches, travel, meals, lodging, or registra-
                                             striking ‘‘$6,000’’ and inserting ‘‘$15,000’’.          rine Corps, or Coast Guard who because of              tion fees, or accepting a non-cash award,’’
                                                (f) EFFECTIVE DATE.—The amendments                   the Reserve’s earlier military service is enti-        after ‘‘that employment)’’; and
                                             made by this section shall take effect on Oc-           tled to a pension or disability compensation,            (B) in paragraph (2), by striking ‘‘armed
                                             tober 1, 2020, and shall apply with respect to          and who performs duty for which the Reserve            forces’’ and inserting ‘‘armed forces, except
                                             special bonus and incentive pays payable                is entitled to compensation, may elect to re-          members serving on active duty under a call
                                             under section 335 of title 37, United States            ceive for that duty either—                            or order to active duty for a period in excess
                                             Code, pursuant to agreements entered into                  ‘‘(1) the pension or disability compensation        of 30 days’’;
                                             under that section on or after that date.               to which the Reserve is entitled because of              (2) in the heading of subsection (b), by in-
                                              Subtitle C—Disability Pay, Retired Pay, and            the Reserve’s earlier military service; or             serting ‘‘FOR EMPLOYMENT AND COMPENSA-
                                                                                                        ‘‘(2) if the Reserve specifically waives            TION’’ after ‘‘APPROVAL REQUIRED’’;
                                                             Survivor Benefits
                                                                                                     those payments, the pay and allowances au-               (3) by redesignating subsections (c) and (d)
                                             SEC. 621. INCLUSION OF DRILL OR TRAINING
                                                         FOREGONE DUE TO EMERGENCY                   thorized by law for the duty that the Reserve          as subsections (d) and (e), respectively; and
                                                         TRAVEL OR DUTY RESTRICTIONS IN              is performing.’’.                                        (4) by inserting after subsection (b) the fol-
                                                         COMPUTATIONS OF ENTITLEMENT                    (c) ADDITIONAL CONFORMING AND MODERN-               lowing new subsection (c):
                                                         TO AND AMOUNTS OF RETIRED PAY               IZING AMENDMENTS.—Subsection (c) of such                 ‘‘(c) APPROVAL REQUIRED FOR CERTAIN PAY-
                                                         FOR NON-REGULAR SERVICE.                    section, as redesignated by subsection (b)(1)          MENTS AND AWARDS.—A person described in
                                               (a) ENTITLEMENT TO RETIRED PAY.—Section               of this section, is amended—                           subsection (a) may accept payment for
                                             12732(a)(2) of title 10, United States Code, is            (1) by striking ‘‘(a)(2)’’ both places it ap-       speeches, travel, meals, lodging, or registra-
                                             amended—                                                pears and inserting ‘‘(a)(1) or (b)(2), as appli-      tion fees described in that subsection, or ac-
                                               (1) by inserting after subparagraph (E) the           cable,’’;                                              cept a non-cash award described in that sub-
                                             following new subparagraph:                                (2) by striking ‘‘his earlier military serv-        section, only if the Secretary concerned ap-
                                               ‘‘(F)(i) Subject to regulations prescribed by         ice’’ the first place it appears and inserting         proves the payment or award.’’.
                                             the Secretary of Defense or the Secretary of            ‘‘a Reserve’s earlier military service’’;                (b) ANNUAL REPORTS ON APPROVALS.—Sub-
                                             Homeland Security with respect to matters                  (3) by striking ‘‘his earlier military serv-        section (d) of such section, as redesignated




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                                             concerning the Coast Guard when it is not               ice’’ each other place it appears and insert-          by subsection (a)(3) of this section, is amend-
                                             operating as a service in the Department of             ing ‘‘the Reserve’s earlier military service’’;        ed—
                                             the Navy, one point for each day of active                 (4) by striking ‘‘he is entitled’’ and insert-        (1) by inserting ‘‘(1)’’ before ‘‘Not later
                                             service or one point for each drill or period           ing ‘‘the Reserve is entitled’’; and                   than’’;
                                             of equivalent instruction that was prescribed              (5) by striking ‘‘the member or his depend-           (2) in paragraph (1), as designated by para-
                                             by the Secretary concerned to be performed              ents’’ and inserting ‘‘the Reserve or the Re-          graph (1) of this subsection, by inserting ‘‘,
                                             during the covered emergency period, if such            serve’s dependents’’.                                  and each approval under subsection (c) for a




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                                             June 29, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                    S3787
                                             payment or award described in subsection                tect and promote the mental health and                   (e) SURVEY.—
                                             (a),’’ after ‘‘in subsection (a)’’; and                 well-being of members of the Armed Forces                (1) IN GENERAL.—Not later than one year
                                                (3) by adding at the end the following new           and their dependents, which shall include the          after the date of the enactment of this Act,
                                             paragraph:                                              following:                                             and annually thereafter for the duration of
                                                ‘‘(2) The report under paragraph (1) on an              (1) A strategy to combat existing stigma            the demonstration project, the Secretary
                                             approval described in that paragraph with               surrounding mental health conditions that              shall administer a survey to determine—
                                             respect to an officer shall set forth the fol-          might deter such individuals from seeking                (A) how many members of the Armed
                                             lowing:                                                 care.                                                  Forces or spouses of such members give birth
                                                ‘‘(A) The foreign government providing the              (2) Guidance to commanding officers at all          while their spouse or birthing partner is un-
                                             employment or compensation or payment or                levels on the mental health ramifications of           able to be present due to deployment, train-
                                             award.                                                  the COVID–19 crisis.                                   ing, or other mission requirements;
                                                ‘‘(B) The duties, if any, to be performed in            (3) Additional training and support for               (B) how many single members of the
                                             connection with the employment or com-                  mental health care professionals of the De-            Armed Forces give birth alone; and
                                             pensation or payment or award.                          partment of Defense on supporting individ-               (C) how many members of the Armed
                                                ‘‘(C) The total amount of compensation, if           uals who are concerned for the health of               Forces or spouses of such members use doula
                                             any, or payment to be provided.’’.                      themselves and their family members, or                support or lactation consultants.
                                                (c) CONFORMING AMENDMENTS.—                          grieving the loss of loved ones due to COVID–            (2) MATTERS COVERED BY THE SURVEY.—The
                                                (1) SECTION HEADING.—The heading of such             19.                                                    survey administered under paragraph (1)
                                             section is amended to read as follows:                     (4) A strategy to leverage telemedicine to          shall include an identification of the fol-
                                             ‘‘§ 908. Reserves and retired members: accept-          ensure safe access to mental health services.          lowing:
                                                ance of employment, payments, and awards                (b) OUTREACH.—The Secretary of Defense                (A) The race, ethnicity, age, sex, relation-
                                                from foreign governments’’.                          shall conduct outreach to the military com-            ship status, military service, military occu-
                                                                                                     munity to identify resources and health care           pation, and rank, as applicable, of each indi-
                                                (2) TABLE OF SECTIONS.—The table of sec-                                                                    vidual surveyed.
                                                                                                     services, including mental health care serv-
                                             tions at the beginning of chapter 17 of such            ices, available under the TRICARE program                (B) If individuals surveyed were members
                                             title is amended by striking the item relat-            to support members of the Armed Forces and             of the Armed Forces or the spouses of such
                                             ing to section 908 and inserting the following          their dependents.                                      members, or both.
                                             new item:                                                  (c) DEFINITIONS.—In this section, the terms           (C) The length of advanced notice received
                                             ‘‘908. Reserves and retired members: accept-            ‘‘dependent’’ and ‘‘TRICARE program’’ have             by individuals surveyed that the member of
                                                             ance of employment, payments,           the meanings given those terms in section              the Armed Forces would be unable to be
                                                             and awards from foreign gov-            1072 of such title.                                    present during the birth, if applicable.
                                                             ernments.’’.                            SEC. 705. TRANSITIONAL HEALTH BENEFITS FOR               (D) Any resources or support that the indi-
                                                 TITLE VII—HEALTH CARE PROVISIONS                                CERTAIN MEMBERS OF THE NA-                 viduals surveyed found useful during the
                                                                                                                 TIONAL GUARD SERVING UNDER OR-             pregnancy and birth process, including doula
                                              Subtitle A—TRICARE and Other Health Care                           DERS   IN  RESPONSE     TO THE             or lactation counselor support.
                                                                   Benefits                                      CORONAVIRUS (COVID–19).                      (f) REPORTS.—
                                             SEC. 701. AUTHORITY FOR SECRETARY OF DE-                  (a) IN GENERAL.—The Secretary of Defense               (1) IMPLEMENTATION PLAN.—Not later than
                                                        FENSE TO MANAGE PROVIDER TYPE                shall provide to a member of the National              180 days after the date of the enactment of
                                                        REFERRAL AND SUPERVISION RE-                 Guard separating from active service after
                                                        QUIREMENTS UNDER TRICARE PRO-
                                                                                                                                                            this Act, the Secretary shall submit to the
                                                                                                     serving on full-time National Guard duty               Committees on Armed Services of the Senate
                                                        GRAM.
                                                                                                     pursuant to section 502(f) of title 32, United         and the House of Representatives a plan to
                                               Section 1079(a)(12) of title 10, United States        States Code, the health benefits authorized
                                             Code, is amended, in the first sentence, by                                                                    implement the demonstration project.
                                                                                                     under section 1145 of title 10, United States            (2) ANNUAL REPORT.—
                                             striking ‘‘or certified clinical social work-           Code, for a member of a reserve component                (A) IN GENERAL.—Not later than one year
                                             er,’’ and inserting ‘‘certified clinical social         separating from active duty, as referred to in         after the commencement of the demonstra-
                                             worker, or other class of provider as des-              subsection (a)(2)(B) of such section 1145, if          tion project, and annually thereafter for the
                                             ignated by the Secretary of Defense,’’.                 the active service from which the member of            duration of the demonstration project, the
                                             SEC. 702. REMOVAL OF CHRISTIAN SCIENCE PRO-             the National Guard is separating was in sup-           Secretary shall submit to the Committees on
                                                         VIDERS AS AUTHORIZED PROVIDERS              port of the whole of government response to
                                                         UNDER THE TRICARE PROGRAM.                                                                         Armed Services of the Senate and the House
                                                                                                     the coronavirus (COVID–19).                            of Representatives a report on the cost of the
                                               (a) REPEAL.—Subsection (a) of section 1079               (b) DEFINITIONS.—In this section, the terms         demonstration project and the effectiveness
                                             of title 10, United States Code, is amended by          ‘‘active duty’’, ‘‘active service’’, and ‘‘full-       of the demonstration project in improving
                                             striking paragraph (4).                                 time National Guard duty’’ have the mean-              quality of care and the maternal and fetal
                                               (b) CONFORMING AMENDMENT.—Paragraph                   ings given those terms in section 101(d) of            outcomes of covered beneficiaries enrolled in
                                             (12) of such subsection is amended, in the              title 10, United States Code.                          the demonstration project.
                                             first sentence, by striking ‘‘, except as au-           SEC. 706. EXTRAMEDICAL MATERNAL HEALTH                   (B) MATTERS COVERED.—Each report sub-
                                             thorized in paragraph (4)’’.                                       PROVIDERS     DEMONSTRATION
                                                                                                                PROJECT.
                                                                                                                                                            mitted under subparagraph (A) shall address,
                                             SEC. 703. WAIVER OF FEES CHARGED TO CER-
                                                                                                       (a) DEMONSTRATION PROJECT REQUIRED.—                 at a minimum, the following:
                                                        TAIN CIVILIANS FOR EMERGENCY
                                                        MEDICAL TREATMENT PROVIDED AT                Not later than one year after the date of the            (i) The number of covered beneficiaries
                                                        MILITARY MEDICAL TREATMENT FA-               enactment of this Act, the Secretary of De-            who are enrolled in the demonstration
                                                        CILITIES.                                    fense shall commence the conduct of a dem-             project.
                                               Section 1079b of title 10, United States              onstration project designed to evaluate the              (ii) The number of enrolled covered bene-
                                             Code, is amended—                                       cost, quality of care, and impact on maternal          ficiaries who have participated in the dem-
                                               (1) by redesignating subsection (b) as sub-           and fetal outcomes of using extramedical               onstration project.
                                             section (c); and                                        maternal     health    providers  under    the           (iii) The results of the surveys under sub-
                                               (2) by inserting after subsection (a) the fol-        TRICARE program to determine the appro-                section (f).
                                             lowing new subsection (b):                              priateness of making coverage of such pro-               (iv) The cost of the demonstration project.
                                               ‘‘(b) WAIVER OF FEES.—Under the proce-                viders under the TRICARE program perma-                  (v) An assessment of the quality of care
                                             dures implemented under subsection (a), a               nent.                                                  provided to participants in the demonstra-
                                             military medical treatment facility may                   (b)    ELEMENTS       OF     DEMONSTRATION           tion project.
                                             waive a fee charged under such procedures to            PROJECT.—The demonstration project under                 (vi) An assessment of the impact of the
                                             a civilian who is not a covered beneficiary             subsection (a) shall include, for participants         demonstration project on maternal and fetal
                                             if—                                                     in the demonstration project, the following:           outcomes.
                                               ‘‘(1) after insurance payments, if any, the             (1) Access to doulas.                                  (vii) An assessment of the effectiveness of
                                             civilian is not able to pay for the trauma or             (2) Access to lactation consultants who are          the demonstration project.
                                             other medical care provided to the civilian;            not otherwise authorized to provide services             (viii) Recommendations for adjustments to
                                             and                                                     under the TRICARE program.                             the demonstration project.
                                               ‘‘(2) the provision of such care enhanced               (c) PARTICIPANTS.—The Secretary shall es-              (ix) The estimated costs avoided as a result
                                             the medical readiness of the health care pro-           tablish a process under which covered bene-            of improved maternal and fetal health out-
                                             vider or health care providers furnishing               ficiaries may enroll in the demonstration              comes due to the demonstration project.
                                             such care.’’.                                           project in order to receive the services pro-            (x) Recommendations for extending the




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                                             SEC. 704. MENTAL HEALTH RESOURCES FOR                   vided under the demonstration project.                 demonstration project or implementing per-
                                                        MEMBERS OF THE ARMED FORCES                    (d) DURATION.—The Secretary shall carry              manent coverage under the TRICARE pro-
                                                        AND THEIR DEPENDENTS DURING                  out the demonstration project for a period of          gram of extramedical maternal health pro-
                                                        THE COVID–19 PANDEMIC.                       five years beginning on the date on which              viders.
                                               (a) PLAN.—Not later than 180 days after the           notification of the commencement of the                  (xi) An identification of legislative or ad-
                                             date of the enactment of this Act, the Sec-             demonstration project is published in the              ministrative action necessary to make the
                                             retary of Defense shall develop a plan to pro-          Federal Register.                                      demonstration project permanent.

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