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/
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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.
dlhill on DSK120RN23PROD with SENATE
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-
dlhill on DSK120RN23PROD with SENATE
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
dlhill on DSK120RN23PROD with SENATE
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-
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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
dlhill on DSK120RN23PROD with SENATE
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:
dlhill on DSK120RN23PROD with SENATE
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-
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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
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‘‘(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
dlhill on DSK120RN23PROD with SENATE
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-
dlhill on DSK120RN23PROD with SENATE
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.
dlhill on DSK120RN23PROD with SENATE
(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.
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(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-
dlhill on DSK120RN23PROD with SENATE
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
dlhill on DSK120RN23PROD with SENATE
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
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(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-
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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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