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Home Source documents Congressional Record, Senate, June 30, 2020 — Amendments to S. 4049 and S. 4116

Congressional Record, Senate, June 30, 2020 — Amendments to S. 4049 and S. 4116

Summary

A page of the Congressional Record, Senate, dated June 30, 2020, beginning at page S4044, listing amendments submitted to S. 4049 and S. 4116, from SA 2378 by Mrs. Blackburn onward. Many are intended to be proposed to amendment SA 2301 proposed by Mr. Inhofe, and SA 2381 by Mr. Scott of Florida is to S. 4116, a bill on commitments for the paycheck protection program. The page prints amendment text, including a study of additive manufacturing and three-dimensional bioprinting, a report on micro nuclear reactor programs, hiring authority for the Global Engagement Center, and a commission on naming of Department of Defense assets that would be authorized $2,000,000. It ends with committee authorizations to meet on June 30, 2020, and Mr. Perdue seeking passage of a bill reported from the Committee on Veterans' Affairs.

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Cite this document

“Congressional Record, Senate, June 30, 2020 — Amendments to S. 4049 and S. 4116.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-06-30-crec-2020-06-30-pt1-pgs4044-d0943ceecc/, SHA-256 ab7c7c9b7ba3e338d13001d98119054395faf09abac6dcd0139d1e52aea26167.

Full text

                                             S4044                                             CONGRESSIONAL RECORD — SENATE                                                           June 30, 2020
                                               SA 2378. Mrs. BLACKBURN (for herself,                  of Defense, for military construction,                   (1) in subsection (h), by striking the second
                                             Mr. MENENDEZ, Mr. SCOTT of Florida, and Mr.              and for defense activities of the De-                  sentence; and
                                             WYDEN) submitted an amendment intended                   partment of Energy, to prescribe mili-                   (2) by striking subsection (j).
                                             to be proposed to amendment SA 2301 pro-                                                                          (b) HIRING AUTHORITY FOR GLOBAL ENGAGE-
                                                                                                      tary personnel strengths for such fiscal               MENT CENTER.—Notwithstanding any other
                                             posed by Mr. INHOFE to the bill S. 4049, supra;
                                             which was ordered to lie on the table.                   year, and for other purposes; which was                provision of law, the Secretary of State, dur-
                                               SA 2379. Mr. INHOFE submitted an amend-                ordered to lie on the table; as follows:               ing the five-year period beginning on the
                                             ment intended to be proposed to amendment                  At the appropriate place in title II, insert         date of the enactment of this Act and solely
                                             SA 2301 proposed by Mr. INHOFE to the bill S.            the following:                                         to carry out functions of the Global Engage-
                                             4049, supra; which was ordered to lie on the                                                                    ment Center established by such section,
                                                                                                      SEC. lll. STUDY AND PLAN ON THE USE OF AD-
                                             table.                                                              DITIVE   MANUFACTURING      AND             may—
                                               SA 2380. Mr. BROWN (for himself and Mr.                           THREE-DIMENSIONAL BIOPRINTING                 (1) appoint employees without regard to
                                             PORTMAN) submitted an amendment intended                            IN SUPPORT OF THE WARFIGHTER.               the provisions of title 5, United States Code,
                                             to be proposed to amendment SA 2301 pro-                   (a) STUDY.—The Secretary of Defense shall            regarding appointments in the competitive
                                             posed by Mr. INHOFE to the bill S. 4049, supra;          conduct a study on the use of additive manu-           service; and
                                             which was ordered to lie on the table.                   facturing and three-dimensional bioprinting              (2) fix the basic compensation of such em-
                                               SA 2381. Mr. SCOTT, of Florida submitted               across the Military Health System.                     ployees without regard to chapter 51 and
                                             an amendment intended to be proposed by                    (b) ELEMENTS.—The study required by sub-             subchapter III of chapter 53 of such title re-
                                             him to the bill S. 4116, to extend the author-           section (a) shall examine the activities cur-          garding classification and General Schedule
                                             ity for commitments for the paycheck pro-                rently underway by each of the military                pay rates.
                                             tection program and separate amounts au-                 services and the Department agencies, in-
                                             thorized for other loans under section 7(a) of           cluding costs, sources of funding, oversight,            SA 2331. Mr. SHELBY submitted an
                                             the Small Business Act , and for other pur-              collaboration, and outcomes.                           amendment intended to be proposed to
                                             poses; which was ordered to lie on the table.              (c) REPORT.—Not later than 180 days after            amendment SA 2301 proposed by Mr.
                                               SA 2382. Ms. HARRIS submitted an amend-                the date of the enactment of this Act, the             INHOFE to the bill S. 4049, to authorize
                                             ment intended to be proposed by her to the               Secretary of Defense shall submit to the               appropriations for fiscal year 2021 for
                                             bill S. 4049, to authorize appropriations for            Committee on Armed Services of the Senate
                                             fiscal year 2021 for military activities of the
                                                                                                                                                             military activities of the Department
                                                                                                      and the Committee on Armed Services of the             of Defense, for military construction,
                                             Department of Defense, for military con-                 House of Representatives a report on the re-
                                             struction, and for defense activities of the             sults of the study conducted under sub-
                                                                                                                                                             and for defense activities of the De-
                                             Department of Energy, to prescribe military              section (a).                                           partment of Energy, to prescribe mili-
                                             personnel strengths for such fiscal year, and                                                                   tary personnel strengths for such fiscal
                                             for other purposes; which was ordered to lie               SA 2328. Mr. YOUNG submitted an                      year, and for other purposes; which was
                                             on the table.                                            amendment intended to be proposed to                   ordered to lie on the table; as follows:
                                               SA 2383. Mr. DURBIN submitted an amend-
                                             ment intended to be proposed by him to the
                                                                                                      amendment SA 2301 proposed by Mr.                        In section 235, strike the section heading
                                                                                                      INHOFE to the bill S. 4049, to authorize               and insert the following:
                                             bill S. 4049, supra; which was ordered to lie
                                             on the table.                                            appropriations for fiscal year 2021 for                SEC. 235. REPORT ON MICRO NUCLEAR REACTOR
                                                                                                      military activities of the Department                              PROGRAMS.
                                               SA 2384. Mrs. SHAHEEN submitted an
                                             amendment intended to be proposed by her                 of Defense, for military construction,                    In section 235, strike subsections (e) and
                                             to the bill S. 4049, supra; which was ordered            and for defense activities of the De-                  (f).
                                             to lie on the table.                                     partment of Energy, to prescribe mili-
                                               SA 2385. Mrs. SHAHEEN submitted an                                                                              SA 2332. Mr. CRAMER (for himself,
                                                                                                      tary personnel strengths for such fiscal               Mrs. GILLIBRAND, Mr. HOEVEN, Mr.
                                             amendment intended to be proposed to
                                             amendment SA 2301 proposed by Mr. INHOFE
                                                                                                      year, and for other purposes; which was                MENENDEZ, Ms. KLOBUCHAR, Mrs. CAP-
                                             to the bill S. 4049, supra; which was ordered            ordered to lie on the table; as follows:               ITO, Mr. TESTER, Mrs. SHAHEEN, Mr.
                                             to lie on the table.                                         Strike subtitle B of title IX.                     LANKFORD, Mr. BLUMENTHAL, Mr. SCHU-
                                               SA 2386. Mrs. GILLIBRAND (for herself and                                                                     MER, Ms. COLLINS, Ms. HASSAN, Mr.
                                             Mr. MERKLEY) submitted an amendment in-                    SA 2329. Mr. PAUL submitted an
                                             tended to be proposed to amendment SA 2301
                                                                                                                                                             ROUNDS,      Mr.    BOOKER,    and    Ms.
                                                                                                      amendment intended to be proposed to
                                             proposed by Mr. INHOFE to the bill S. 4049,                                                                     MCSALLY) submitted an amendment in-
                                                                                                      amendment SA 2301 proposed by Mr.
                                             supra; which was ordered to lie on the table.                                                                   tended to be proposed by him to the
                                                                                                      INHOFE to the bill S. 4049, to authorize
                                               SA 2387. Mr. UDALL submitted an amend-                                                                        bill S. 4049, to authorize appropriations
                                                                                                      appropriations for fiscal year 2021 for
                                             ment intended to be proposed to amendment                                                                       for fiscal year 2021 for military activi-
                                             SA 2301 proposed by Mr. INHOFE to the bill S.            military activities of the Department
                                                                                                                                                             ties of the Department of Defense, for
                                             4049, supra; which was ordered to lie on the             of Defense, for military construction,
                                                                                                                                                             military construction, and for defense
                                             table.                                                   and for defense activities of the De-
                                                                                                                                                             activities of the Department of Energy,
                                               SA 2388. Mr. PERDUE (for Mr. MERKLEY)                  partment of Energy, to prescribe mili-
                                             proposed an amendment to the bill S. 3758, to                                                                   to    prescribe     military    personnel
                                                                                                      tary personnel strengths for such fiscal
                                             amend the Klamath Basin Water Supply En-                                                                        strengths for such fiscal year, and for
                                                                                                      year, and for other purposes; which was
                                             hancement Act of 2000 to make certain tech-                                                                     other purposes; which was ordered to
                                                                                                      ordered to lie on the table; as follows:
                                             nical corrections.                                                                                              lie on the table; as follows:
                                                                                                          Strike section 1532.
                                                             f                                                                                                 At the end of subtitle G of title X, add the
                                                                                                                                                             following:
                                                    TEXT OF AMENDMENTS                                  SA 2330. Mr. PORTMAN submitted an
                                                                                                                                                             SEC. 10lll. INCLUSION ON THE VIETNAM VET-
                                                                                                      amendment intended to be proposed to                             ERANS MEMORIAL WALL OF THE
                                               SA 2326. Mr. INHOFE submitted an
                                                                                                      amendment SA 2301 proposed by Mr.                                NAMES OF THE LOST CREW MEM-
                                             amendment intended to be proposed to                                                                                      BERS OF THE U.S.S. FRANK E. EVANS
                                                                                                      INHOFE to the bill S. 4049, to authorize
                                             amendment SA 2301 proposed by Mr.                                                                                         KILLED ON JUNE 3, 1969.
                                                                                                      appropriations for fiscal year 2021 for
                                             INHOFE to the bill S. 4049, to authorize                                                                          (a) IN GENERAL.—Not later than 1 year
                                                                                                      military activities of the Department                  after the date of enactment of this Act, the
                                             appropriations for fiscal year 2021 for
                                                                                                      of Defense, for military construction,                 Secretary of Defense shall authorize the in-
                                             military activities of the Department
                                                                                                      and for defense activities of the De-                  clusion on the Vietnam Veterans Memorial
                                             of Defense, for military construction,
                                                                                                      partment of Energy, to prescribe mili-                 Wall in the District of Columbia of the
                                             and for defense activities of the De-
                                                                                                      tary personnel strengths for such fiscal               names of the 74 crew members of the U.S.S.
                                             partment of Energy, to prescribe mili-                                                                          Frank E. Evans killed on June 3, 1969.
                                                                                                      year, and for other purposes; which was
                                             tary personnel strengths for such fiscal                                                                          (b) REQUIRED CONSULTATION.—The Sec-
                                                                                                      ordered to lie on the table; as follows:
                                             year, and for other purposes; which was                                                                         retary of Defense shall consult with the Sec-
                                             ordered to lie on the table; as follows:                   At the end of subtitle A of title XII, add           retary of the Interior, the American Battle-
                                                                                                      the following:                                         field Monuments Commission, and other ap-
                                               Strike section 3152.
                                                                                                      SEC. 1210. MODIFICATION TO AND HIRING AU-              plicable authorities with respect to any ad-




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                                               SA 2327. Mr. YOUNG submitted an                                    THORITY FOR THE GLOBAL ENGAGE-             justments to the nomenclature and place-
                                                                                                                  MENT CENTER.                               ment of names pursuant to subsection (a) to
                                             amendment intended to be proposed to
                                                                                                        (a) ELIMINATION OF TERMINATION DATE FOR              address any space limitations on the place-
                                             amendment SA 2301 proposed by Mr.                        THE GLOBAL ENGAGEMENT CENTER.—Section                  ment of additional names on the Vietnam
                                             INHOFE to the bill S. 4049, to authorize                 1287 of the National Defense Authorization             Veterans Memorial Wall.
                                             appropriations for fiscal year 2021 for                  Act for Fiscal Year 2017 (22 U.S.C. 2656 note)           (c) NONAPPLICABILITY OF COMMEMORATIVE
                                             military activities of the Department                    is amended—                                            WORKS ACT.—Chapter 89 of title 40, United




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                                             June 30, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                      S4045
                                             States Code (commonly known as the ‘‘Com-                  (A) four shall be appointed by the Presi-               (h) FUNDING.—
                                             memorative Works Act’’), shall not apply to              dent, one of whom shall be designated by the              (1) AUTHORIZATION OF APPROPRIATIONS.—
                                             any activities carried out under subsection              President as the Chair of the Commission;              There is authorized to be appropriated
                                             (a) or (b).                                                (B) one shall be appointed by the Chairman           $2,000,000 to carry out this section.
                                                                                                      of the Committee on Armed Services of the                 (2) OFFSET.—The amount authorized to be
                                               SA 2333. Mr. INHOFE submitted an                       Senate;                                                appropriated by this Act for fiscal year 2021
                                             amendment intended to be proposed to                       (C) one shall be appointed by the Ranking            for Operation and Maintenance, Army, sub
                                             amendment SA 2301 proposed by Mr.                        Member of the Committee on Armed Serv-                 activity group 434, other personnel support is
                                             INHOFE to the bill S. 4049, to authorize                 ices of the Senate;                                    hereby reduced by $2,000,000.
                                             appropriations for fiscal year 2021 for                    (D) one shall be appointed by the Chairman              (i) DEFINITIONS.—In this section:
                                                                                                      of the Committee on Armed Services of the                 (1) ASSETS OF THE DEPARTMENT OF DE-
                                             military activities of the Department
                                                                                                      House of Representatives; and                          FENSE.—The term ‘‘assets of the Department
                                             of Defense, for military construction,                     (E) one shall be appointed by the Ranking            of Defense’’ includes any base, installation,
                                             and for defense activities of the De-                    Member of the Committee on Armed Serv-                 street, building, facility, aircraft, ship,
                                             partment of Energy, to prescribe mili-                   ices of the House of Representatives.                  plane, weapon, equipment, plaque, monu-
                                             tary personnel strengths for such fiscal                   (2) APPOINTMENT.—Members of the Com-                 ment, memorial, or any other property
                                             year, and for other purposes; which was                  mission shall be appointed not later than 45           owned or controlled by the Department of
                                             ordered to lie on the table; as follows:                 days after the date of the enactment of this           Defense.
                                               Strike section 1602 and insert the fol-                Act.                                                      (2) COMMEMORATIVE PROPERTIES.—The term
                                             lowing:                                                    (d) INITIAL MEETING.—The Commission                  ‘‘commemorative properties’’ includes any
                                                                                                      shall hold its initial meeting at the call of          name, symbol, design, display, or other prop-
                                             SEC. 1602. DISTRIBUTION OF LAUNCHES FOR
                                                        PHASE TWO OF ACQUISITION STRAT-               the Chair, but not later than 60 days after            erty of an asset of the Department of De-
                                                        EGY   FOR   NATIONAL  SECURITY                the date of the enactment of this Act.                 fense that is intended to commemorate or
                                                        SPACE LAUNCH PROGRAM.                           (e) OTHER PROCEDURES; VOTING.—The Com-               has the effect of commemorating an indi-
                                               In carrying out phase two of the acquisi-              mission may establish the procedures of the            vidual, group, idea, or historical event.
                                             tion strategy for the National Security                  Commission by majority vote, except that in               (3) GRAVE MARKER.—The term ‘‘grave
                                             Space Launch program, the Secretary of the               the case of a tied vote the position of the            marker’’ includes any monument, memorial,
                                             Air Force shall ensure—                                  Chair shall be adopted as the majority vote
                                                                                                                                                             plaque, or other item which, due to its na-
                                               (1) that launch services are procured only             of the Commission.
                                                                                                        (f) DETAIL OF EMPLOYEES AND ACCESS TO IN-            ture, location, or presentation, may be rea-
                                             from launch service providers that the Sec-                                                                     sonably viewed as commemorating the death
                                                                                                      FORMATION.—
                                             retary assesses will meet all payload-to-ref-                                                                   or final resting place of war dead.
                                                                                                        (1) DETAIL OF GOVERNMENT EMPLOYEES.—
                                             erence orbit requirements, as outlined in the
                                                                                                      Upon request by the Commission, an em-
                                             phase two acquisition strategy; and
                                                                                                      ployee of the Federal Government may be
                                                                                                                                                               SA 2335. Mr. PAUL submitted an
                                               (2) the viability of the domestic space                                                                       amendment intended to be proposed by
                                                                                                      detailed to the Commission without reim-
                                             launch industrial base while providing for                                                                      him to the bill S. 4049, to authorize ap-
                                                                                                      bursement, and such detail shall be without
                                             cost-effective and reliable launch services.
                                                                                                      interruption or loss of civil service status or        propriations for fiscal year 2021 for
                                               SA 2334. Mr. COTTON (for himself,                      privilege.                                             military activities of the Department
                                             Mr. TILLIS, and Mr. CRUZ) submitted an                     (2) ACCESS TO OTHER RESOURCES.—                      of Defense, for military construction,
                                                                                                        (A) IN GENERAL.—The Commission shall                 and for defense activities of the De-
                                             amendment intended to be proposed by                     have reasonable access to materials, re-
                                             him to the bill S. 4049, to authorize ap-                                                                       partment of Energy, to prescribe mili-
                                                                                                      sources, and other information the Commis-
                                             propriations for fiscal year 2021 for                    sion determines necessary to carry out its
                                                                                                                                                             tary personnel strengths for such fiscal
                                             military activities of the Department                    duties from—                                           year, and for other purposes; which was
                                             of Defense, for military construction,                     (i) the Library of Congress;                         ordered to lie on the table; as follows:
                                             and for defense activities of the De-                      (ii) the Department of Defense;                        At the end of subtitle D of title X, add the
                                             partment of Energy, to prescribe mili-                     (iii) the National Archives and Records Ad-          following:
                                             tary personnel strengths for such fiscal                 ministration;                                          SEC. 1035. PROHIBITION ON THE INDEFINITE DE-
                                                                                                        (iv) the Smithsonian Institution; and                            TENTION OF PERSONS BY THE
                                             year, and for other purposes; which was                    (v) any other agency of the executive or                         UNITED STATES.
                                             ordered to lie on the table; as follows:                 legislative branch of the Federal Govern-                (a) LIMITATION ON DETENTION.—Section 4001
                                               Strike section 377 and insert the following:           ment.                                                  of title 18, United States Code, is amended—
                                             SEC. 377. COMMISSION ON THE NAMING OF AS-                  (B) REQUESTS FOR RESOURCES.—The Chair                  (1) by striking subsection (a) and inserting
                                                         SETS OF THE DEPARTMENT OF DE-                of the Commission shall make requests for              the following:
                                                         FENSE THAT COMMEMORATE THE                                                                            ‘‘(a) No person shall be imprisoned or oth-
                                                                                                      access to materials, resources, and other in-
                                                         CONFEDERATE STATES OF AMERICA
                                                                                                      formation described in subparagraph (A) in             erwise detained by the United States except
                                                         OR ANY PERSON WHO SERVED VOL-
                                                         UNTARILY WITH THE CONFEDERATE                writing when necessary.                                consistent with the Constitution.’’;
                                                         STATES OF AMERICA.                             (g) BRIEFINGS AND REPORTS.—                            (2) by redesignating subsection (b) as sub-
                                               (a) IN GENERAL.—The Secretary of Defense                 (1) BRIEFING.—Not later than October 1,              section (c); and
                                             shall establish a commission relating to the             2021, the Commission shall brief the Sec-                (3) by inserting after subsection (a) the fol-
                                             naming or other commemorative properties                 retary of Defense and the Committees on                lowing:
                                             of assets of the Department of Defense that              Armed Services of the Senate and the House               ‘‘(b)(1) A general authorization to use mili-
                                             commemorate the Confederate States of                    of Representatives detailing the progress of           tary force, a declaration of war, or any simi-
                                             America or any person who served volun-                  the Commission in carrying out the require-            lar authority, on its own, shall not be con-
                                             tarily with the Confederate States of Amer-              ments of the Commission under subsection               strued to authorize the imprisonment or de-
                                             ica (in this section referred to as the ‘‘Com-           (b).                                                   tention without charge or trial of a person
                                             mission’’).                                                (2) FINAL BRIEFING AND REPORT.—Not later             apprehended in the United States.
                                               (b) DUTIES.—The Commission shall—                      than October 1, 2022, the Commission shall               ‘‘(2) Paragraph (1) applies to an authoriza-
                                               (1) develop procedures and criteria to as-             brief and provide a written report to the Sec-         tion to use military force, a declaration of
                                             sess whether an asset of the Department of               retary of Defense and the Committees on                war, or any similar authority enacted before,
                                             Defense commemorates the Confederate                     Armed Services of the Senate and the House             on, or after the date of the enactment of the
                                             States of America or any person who served               of Representatives detailing the results of            National Defense Authorization Act for Fis-
                                             voluntarily with the Confederate States of               the work of the Commission under sub-                  cal Year 2021.
                                             America;                                                 section (b), including—                                  ‘‘(3) This section shall not be construed to
                                               (2) using the procedures and criteria devel-             (A) a list of assets of the Department of            authorize the imprisonment or detention of
                                             oped in paragraph (1), develop a list of all as-         Defense identified by the Commission as                any person who is apprehended in the United
                                             sets of the Department of Defense that com-              commemorating the Confederate States of                States.’’.
                                             memorate the Confederate States of America               America or any person who served volun-                  (b) REPEAL OF AUTHORITY OF THE ARMED
                                             or any person who served voluntarily with                tarily with the Confederate States of Amer-            FORCES OF THE UNITED STATES TO DETAIN
                                             the Confederate States of America; and                   ica;                                                   COVERED PERSONS PURSUANT TO THE AUTHOR-
                                               (3) for each asset identified under para-                (B) a description of the criteria and proce-         IZATION FOR USE OF MILITARY FORCE.—Sec-




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                                             graph (2), gather information relating to the            dures used to identify such assets;                    tion 1021 of the National Defense Authoriza-
                                             history, heritage, and local sensitivities re-             (C) information relating to the history,             tion Act for Fiscal Year 2012 (Public Law
                                             garding the naming or other commemorative                heritage, and local sensitivities regarding            112–81; 10 U.S.C. 801 note) is repealed.
                                             properties of such asset.                                the naming or other commemorative prop-
                                               (c) MEMBERSHIP.—                                       erties of each such asset; and                           SA 2336. Mr. WARNER (for himself
                                               (1) IN GENERAL.—The Commission shall be                  (D) for each such asset, information relat-          and Mr. KING) submitted an amend-
                                             composed of eight members, of whom—                      ing to whether the asset is a grave marker.            ment intended to be proposed by him



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                                             S4046                                             CONGRESSIONAL RECORD — SENATE                                                            June 30, 2020
                                             to the bill S. 4049, to authorize appro-                 merce, Science, and Transportation, the                  ‘‘(3) Rear admiral (lower half).
                                             priations for fiscal year 2021 for mili-                 Committee on Foreign Relations, the Select               ‘‘(4) Captain.
                                             tary activities of the Department of                     Committee on Intelligence, and the Com-                  ‘‘(5) Commander.
                                                                                                      mittee on Appropriations of the Senate; and              ‘‘(6) Lieutenant commander.
                                             Defense, for military construction, and
                                                                                                        (B) the Committee on Armed Services, the               ‘‘(7) Lieutenant.
                                             for defense activities of the Depart-                    Committee on Homeland Security, the Com-                 ‘‘(8) Lieutenant (junior grade).
                                             ment of Energy, to prescribe military                    mittee on Energy and Commerce, the Com-                  ‘‘(9) Ensign.
                                             personnel strengths for such fiscal                      mittee on Foreign Affairs, the Permanent                 ‘‘(b) GRADE DISTRIBUTION.—The Secretary
                                             year, and for other purposes; which was                  Select Committee on Intelligence, and the              shall prescribe, with respect to the distribu-
                                             ordered to lie on the table; as follows:                 Committee on Appropriations of the House               tion on the lineal list in grade, the percent-
                                               At the end of subtitle A of title VIII, add            of Representatives.                                    ages applicable to the grades set forth in
                                             the following:                                             (2) INFORMATION AND COMMUNICATIONS TECH-             subsection (a).
                                                                                                      NOLOGY.—The term ‘‘information and com-                  ‘‘(c) ANNUAL COMPUTATION OF NUMBER IN
                                             SEC. 815. NATIONAL INFORMATION AND COMMU-
                                                                                                      munications technology’’ means information             GRADE.—
                                                         NICATIONS TECHNOLOGY INDUS-
                                                         TRIAL BASE STRATEGY.                         technology and other equipment, systems,                 ‘‘(1) IN GENERAL.—Not less frequently than
                                               (a) STRATEGY.—                                         technologies, or processes, for which the              once each year, the Secretary shall make a
                                               (1) IN GENERAL.—Not later than 180 days                principal function is the creation, manipula-          computation to determine the number of of-
                                             after the date of the enactment of this Act,             tion, storage, display, receipt, protection, or        ficers on the lineal list authorized to be serv-
                                             and once every 4 years thereafter, the Presi-            transmission of electronic data and informa-           ing in each grade.
                                             dent shall develop and submit to Congress a              tion, as well as any associated content.                 ‘‘(2) METHOD OF COMPUTATION.—The number
                                             comprehensive report on the national strat-                                                                     in each grade shall be computed by applying
                                             egy for the information and communications                 SA 2337. Mr. PAUL submitted an                       the applicable percentage to the total num-
                                             technology (ICT) industrial base for the fol-            amendment intended to be proposed by                   ber of such officers serving on active duty on
                                             lowing 4-year period, or a longer period, if             him to the bill S. 4049, to authorize ap-              the date the computation is made.
                                             appropriate. The report should include in-               propriations for fiscal year 2021 for                    ‘‘(3) FRACTIONS.—If a final fraction occurs
                                             puts from the Department of Defense, the                                                                        in computing the authorized number of offi-
                                                                                                      military activities of the Department                  cers in a grade, the nearest whole number
                                             Department of Homeland Security, the De-                 of Defense, for military construction,
                                             partment of Commerce, the Department of                                                                         shall be taken. If the fraction is one-half, the
                                                                                                      and for defense activities of the De-                  next higher whole number shall be taken.
                                             State, the Office of the Director of National
                                                                                                      partment of Energy, to prescribe mili-                   ‘‘(d) TEMPORARY INCREASE IN NUMBERS.—
                                             Intelligence, and relevant private sector en-
                                                                                                      tary personnel strengths for such fiscal               The total number of officers authorized by
                                             tities.
                                                                                                      year, and for other purposes; which was                law to be on the lineal list during a fiscal
                                               (2) ELEMENTS.—The strategy required
                                                                                                      ordered to lie on the table; as follows:               year may be temporarily exceeded if the av-
                                             under paragraph (1) shall—
                                                                                                                                                             erage number on that list during that fiscal
                                               (A) delineate a national ICT industrial                  At the end of subtitle E of title X, add the
                                                                                                                                                             year does not exceed the authorized number.
                                             base strategy consistent with—                           following:                                               ‘‘(e) POSITIONS OF IMPORTANCE AND RESPON-
                                               (i) the most recent national security strat-           SEC. 1052. REPEAL OF AUTHORIZATION FOR USE             SIBILITY.—Officers serving in positions des-
                                             egy report submitted pursuant to section 108                         OF MILITARY FORCE AGAINST IRAQ
                                                                                                                  RESOLUTION OF 2002.
                                                                                                                                                             ignated under section 228(a) and officers re-
                                             of the National Security Act of 1947 (50
                                                                                                                                                             called from retired status shall not be count-
                                             U.S.C. 3043);                                              The Authorization for Use of Military
                                                                                                                                                             ed when computing authorized strengths
                                               (ii) the strategic plans of other relevant de-         Force Against Iraq Resolution of 2002 (50
                                                                                                                                                             under subsection (c) and shall not count
                                             partments and agencies of the United States;             U.S.C. 1541 note) is repealed.
                                                                                                                                                             against those strengths.
                                             and                                                                                                               ‘‘(f) PRESERVATION OF GRADE AND PAY.—No
                                               (iii) other relevant national-level strategic            SA 2338. Mr. MORAN (for himself and
                                                                                                                                                             officer may be reduced in grade or pay or
                                             plans;                                                   Ms. CANTWELL) submitted an amend-                      separated from the commissioned officer
                                               (B) assess the ICT industrial base, to in-             ment intended to be proposed to                        corps of the Administration as the result of
                                             clude identifying—                                       amendment SA 2301 proposed by Mr.                      a computation made to determine the au-
                                               (i) critical technologies, trusted compo-              INHOFE to the bill S. 4049, to authorize               thorized number of officers in the various
                                             nents, products, and materials that comprise                                                                    grades.’’.
                                                                                                      appropriations for fiscal year 2021 for
                                             or support the ICT industrial base;
                                                                                                      military activities of the Department                  SEC. 1712. RECALLED OFFICERS.
                                               (ii) industrial capacity of the United
                                                                                                      of Defense, for military construction,                   (a) IN GENERAL.—Section 215 (33 U.S.C.
                                             States, as well as its allied and partner na-
                                                                                                      and for defense activities of the De-                  3005) is amended to read as follows:
                                             tions necessary for the manufacture and de-
                                                                                                                                                             ‘‘SEC. 215. NUMBER OF AUTHORIZED COMMIS-
                                             velopment of ICT deemed critical to the                  partment of Energy, to prescribe mili-                              SIONED OFFICERS.
                                             United States national and economic secu-                tary personnel strengths for such fiscal                  ‘‘(a) IN GENERAL.—The total number of au-
                                             rity; and                                                year, and for other purposes; which was                thorized commissioned officers on the lineal
                                               (iii) areas of supply risk to ICT critical             ordered to lie on the table; as follows:               list of the commissioned officer corps of the
                                             technologies, trusted components, products,
                                                                                                        At the end of division A, add the following:         Administration shall not exceed 500.
                                             and materials that comprise or support the
                                                                                                      TITLE XVII—NATIONAL OCEANIC AND AT-                      ‘‘(b) POSITIONS OF IMPORTANCE AND RESPON-
                                             ICT industrial base;
                                                                                                        MOSPHERIC ADMINISTRATION COMMIS-                     SIBILITY.—Officers serving in positions des-
                                               (C) identify national ICT strategic prior-
                                                                                                        SIONED OFFICER CORPS                                 ignated under section 228 and officers re-
                                             ities and estimate Federal monetary and
                                                                                                      SEC. 1701. REFERENCES TO NATIONAL OCEANIC
                                                                                                                                                             called from retired status or detailed to an
                                             human resources necessary to fulfill such
                                                                                                                  AND ATMOSPHERIC ADMINISTRA-                agency other than the Administration—
                                             priorities and areas where strategic financial
                                                                                                                  TION   COMMISSIONED   OFFICER                ‘‘(1) may not be counted in determining the
                                             investment in ICT research and development
                                                                                                                  CORPS ACT OF 2002.                         total number of authorized officers on the
                                             is necessary for national and economic secu-
                                                                                                        Except as otherwise expressly provided,              lineal list under this section; and
                                             rity; and
                                                                                                      whenever in this title an amendment or re-               ‘‘(2) may not count against such number.’’.
                                               (D) assess the Federal government’s struc-
                                                                                                      peal is expressed in terms of an amendment               (b) CLERICAL AMENDMENT.—The table of
                                             ture, resourcing, and authorities for evalu-
                                                                                                      to, or repeal of, a section or other provision,        contents in section 1 of the Act entitled ‘‘An
                                             ating ICT components, products, and mate-
                                                                                                      the reference shall be considered to be made           Act to authorize the Hydrographic Services
                                             rials and promoting availability and integ-
                                                                                                      to a section or other provision of the Na-             Improvement Act of 1998, and for other pur-
                                             rity of trusted technologies.
                                                                                                      tional Oceanic and Atmospheric Administra-             poses’’ (Public Law 107–372) is amended by
                                               (b) REPORT.—
                                                                                                      tion Commissioned Officer Corps Act of 2002            striking the item relating to section 215 and
                                               (1) IN GENERAL.—Not later than 90 days
                                                                                                      (33 U.S.C. 3001 et seq.).                              inserting the following:
                                             after developing the strategy under sub-
                                             section (a), the President shall submit a re-                    Subtitle A—General Provisions                  ‘‘Sec. 215. Number of authorized commis-
                                             port to the appropriate congressional com-               SEC. 1711. STRENGTH AND DISTRIBUTION IN                              sioned officers.’’.
                                             mittees with the strategy.                                          GRADE.                                      SEC. 1713. OBLIGATED SERVICE REQUIREMENT.
                                               (2) FORM.—The report required under para-                Section 214 (33 U.S.C. 3004) is amended to             (a) IN GENERAL.—Subtitle A (33 U.S.C. 3001
                                             graph (1) shall be submitted in unclassified             read as follows:                                       et seq.) is amended by adding at the end the
                                             form, but may include a classified annex.                ‘‘SEC. 214. STRENGTH AND DISTRIBUTION IN               following:




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                                               (c) DEFINITIONS.—In this section:                                   GRADE.                                    ‘‘SEC. 216. OBLIGATED SERVICE REQUIREMENT.
                                               (1) APPROPRIATE CONGRESSIONAL COMMIT-                     ‘‘(a) GRADES.—The commissioned grades in               ‘‘(a) IN GENERAL.—
                                             TEES.—The term ‘‘appropriate congressional               the commissioned officer corps of the Ad-                 ‘‘(1) REGULATIONS.—The Secretary shall
                                             committees’’ means—                                      ministration are the following, in relative            prescribe the obligated service requirements
                                               (A) the Committee on Armed Services, the               rank with officers of the Navy:                        for appointments, training, promotions, sep-
                                             Committee on Homeland Security and Gov-                    ‘‘(1) Vice admiral.                                  arations, continuations, and retirements of
                                             ernmental Affairs, the Committee on Com-                   ‘‘(2) Rear admiral.                                  officers not otherwise covered by law.




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                                             June 30, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                      S4047
                                               ‘‘(2) WRITTEN AGREEMENTS.—The Secretary                  (b) CLERICAL AMENDMENT.—The table of                 as provided by State law or the authorities
                                             and officers shall enter into written agree-             contents in section 1 of the Act entitled ‘‘An         of the institution concerned.
                                             ments that describe the officers’ obligated              Act to authorize the Hydrographic Services               ‘‘(c) MEMBERSHIP.—
                                             service requirements prescribed under para-              Improvement Act of 1998, and for other pur-              ‘‘(1) ELIGIBILITY.—To be eligible for mem-
                                             graph (1) in return for such appointments,               poses’’ (Public Law 107–372), as amended by            bership in the program, an individual must—
                                             training, promotions, separations, continu-              section 1713(b), is further amended by insert-           ‘‘(A) be a student at an institution at
                                             ations, and retirements as the Secretary                 ing after the item relating to section 216 the         which the program is established;
                                             considers appropriate.                                   following:                                               ‘‘(B) be a citizen of the United States;
                                               ‘‘(b) REPAYMENT FOR FAILURE TO SATISFY                 ‘‘Sec. 217. Training and physical fitness.’’.            ‘‘(C) contract in writing, with the consent
                                             REQUIREMENTS.—                                                                                                  of a parent or guardian if a minor, with the
                                                                                                      SEC. 1715. AVIATION ACCESSION TRAINING PRO-
                                               ‘‘(1) IN GENERAL.—The Secretary may re-                            GRAMS.                                     Administrator, to—
                                             quire an officer who fails to meet the service                                                                    ‘‘(i) accept an appointment, if offered, as a
                                                                                                        (a) IN GENERAL.—Subtitle A (33 U.S.C. 3001
                                             requirements prescribed under subsection                                                                        commissioned officer in the commissioned
                                                                                                      et seq.), as amended by section 1714(a), is fur-
                                             (a)(1) to reimburse the Secretary in an                                                                         officer corps of the Administration; and
                                                                                                      ther amended by adding at the end the fol-
                                             amount that bears the same ratio to the                                                                           ‘‘(ii) serve in the commissioned officer
                                                                                                      lowing:
                                             total costs of the training provided to that                                                                    corps for not fewer than four years;
                                                                                                      ‘‘SEC. 218. AVIATION ACCESSION TRAINING PRO-
                                             officer by the Secretary as the unserved por-                                                                     ‘‘(D) enroll in—
                                                                                                                   GRAMS.
                                             tion of active duty bears to the total period                                                                     ‘‘(i) a four-year baccalaureate program of
                                                                                                         ‘‘(a) DEFINITIONS.—In this section:                 professional flight and piloting instruction;
                                             of active duty the officer agreed to serve.                 ‘‘(1) ADMINISTRATOR.—The term ‘Adminis-
                                               ‘‘(2) OBLIGATION AS DEBT TO UNITED                                                                            and
                                                                                                      trator’ means the Under Secretary of Com-                ‘‘(ii) other training or education, including
                                             STATES.—An obligation to reimburse the
                                                                                                      merce for Oceans and Atmosphere and the                basic officer training, which is prescribed by
                                             Secretary under paragraph (1) is, for all pur-
                                                                                                      Administrator of the National Oceanic and              the Administrator as meeting the prelimi-
                                             poses, a debt owed to the United States.
                                                                                                      Atmospheric Administration.                            nary requirement for admission to the com-
                                               ‘‘(3) DISCHARGE IN BANKRUPTCY.—A dis-
                                                                                                        ‘‘(2) MEMBER OF THE PROGRAM.—The term                missioned officer corps; and
                                             charge in bankruptcy under title 11 that is
                                                                                                      ‘member of the program’ means a student                  ‘‘(E) execute a certificate or take an oath
                                             entered less than five years after the termi-
                                                                                                      who is enrolled in the program.                        relating to morality and conduct in such
                                             nation of a written agreement entered into
                                                                                                        ‘‘(3) PROGRAM.—The term ‘program’ means              form as the Administrator prescribes.
                                             under subsection (a)(2) does not discharge
                                                                                                      an aviation accession training program of                ‘‘(2) COMPLETION OF PROGRAM.—A member
                                             the individual signing the agreement from a
                                                                                                      the commissioned officer corps of the Ad-              of the program may be appointed as a reg-
                                             debt arising under such agreement.
                                                                                                      ministration established pursuant to sub-              ular officer in the commissioned officer
                                               ‘‘(c) WAIVER OR SUSPENSION OF COMPLI-
                                             ANCE.—The Secretary may waive the service
                                                                                                      section (b).                                           corps if the member meets all requirements
                                                                                                        ‘‘(b) AVIATION ACCESSION TRAINING PRO-               for appointment as such an officer.
                                             obligation of an officer who—
                                                                                                      GRAMS.—                                                  ‘‘(d) FINANCIAL ASSISTANCE FOR QUALIFIED
                                               ‘‘(1) becomes unqualified to serve on active
                                                                                                        ‘‘(1) ESTABLISHMENT AUTHORIZED.—The Ad-              MEMBERS.—
                                             duty in the commissioned officer corps of the
                                                                                                      ministrator, under regulations prescribed by             ‘‘(1) EXPENSES OF COURSE OF INSTRUCTION.—
                                             Administration because of a circumstance
                                                                                                      the Secretary, shall establish and maintain              ‘‘(A) IN GENERAL.—In the case of a member
                                             not within the control of that officer; or
                                                                                                      one or more aviation accession training pro-           of the program who meets such qualifica-
                                               ‘‘(2) is—
                                                                                                      grams for the commissioned officer corps of            tions as the Administrator establishes for
                                               ‘‘(A) not physically qualified for appoint-
                                                                                                      the Administration at institutions described           purposes of this subsection, the Adminis-
                                             ment; and
                                                                                                      in paragraph (2).                                      trator may pay the expenses of the member
                                               ‘‘(B) determined to be unqualified for serv-
                                                                                                        ‘‘(2) INSTITUTIONS DESCRIBED.—An institu-            in connection with pursuit of a course of pro-
                                             ice in the commissioned officer corps of the
                                                                                                      tion described in this paragraph is an edu-            fessional flight and piloting instruction
                                             Administration because of a physical or
                                                                                                      cational institution—                                  under the program, including tuition, fees,
                                             medical condition that was not the result of
                                                                                                        ‘‘(A) that requests to enter into an agree-          educational materials such as books, train-
                                             the officer’s own misconduct or grossly neg-
                                                                                                      ment with the Administrator providing for              ing, certifications, travel, and laboratory ex-
                                             ligent conduct.’’.
                                               (b) CLERICAL AMENDMENT.—The table of                   the establishment of the program at the in-            penses.
                                             contents in section 1 of the Act entitled ‘‘An           stitution;                                               ‘‘(B) ASSISTANCE AFTER FOURTH ACADEMIC
                                             Act to authorize the Hydrographic Services                 ‘‘(B) that has, as a part of its curriculum,         YEAR.—In the case of a member of the pro-
                                             Improvement Act of 1998, and for other pur-              a four-year baccalaureate program of profes-           gram described in subparagraph (A) who is
                                             poses’’ (Public Law 107–372) is amended by in-           sional flight and piloting instruction that is         enrolled in a course described in that sub-
                                             serting after the item relating to section 215           accredited by the Aviation Accreditation               paragraph that has been approved by the Ad-
                                             the following:                                           Board International;                                   ministrator and requires more than four aca-
                                             ‘‘Sec. 216. Obligated service requirement.’’.              ‘‘(C) that is located in a geographic area           demic years for completion, including elec-
                                             SEC. 1714. TRAINING AND PHYSICAL FITNESS.                that—                                                  tive requirements of the program, assistance
                                               (a) IN GENERAL.—Subtitle A (33 U.S.C. 3001               ‘‘(i) experiences a wide variation in cli-           under this subsection may also be provided
                                             et seq.), as amended by section 1713(a), is fur-         mate-related activity, including frequent              during a fifth academic year or during a
                                             ther amended by adding at the end the fol-               high winds, convective activity (including             combination of a part of a fifth academic
                                             lowing:                                                  tornadoes), periods of low visibility, heat,           year and summer sessions.
                                             ‘‘SEC. 217. TRAINING AND PHYSICAL FITNESS.               and snow and ice episodes, to provide oppor-             ‘‘(2) ROOM AND BOARD.—In the case of a
                                                ‘‘(a) TRAINING.—The Secretary may take                tunities for pilots to demonstrate skill in all        member eligible to receive assistance under
                                             such measures as may be necessary to ensure              weather conditions compatible with future              paragraph (1), the Administrator may, in
                                             that officers are prepared to carry out their            encounters during their service in the com-            lieu of payment of all or part of such assist-
                                             duties in the commissioned officer corps of              missioned officer corps; and                           ance, pay the room and board expenses of the
                                             the Administration and proficient in the                   ‘‘(ii) has a climate that can accommodate            member, and other educational expenses, of
                                             skills necessary to carry out such duties.               both primary and advanced flight training              the educational institution concerned.
                                             Such measures may include the following:                 activity at least 75 percent of the year; and            ‘‘(3) FAILURE TO COMPLETE PROGRAM OR AC-
                                               ‘‘(1) Carrying out training programs and                 ‘‘(D) at which the Administrator deter-              CEPT COMMISSION.—A member of the program
                                             correspondence courses, including estab-                 mines that—                                            who receives assistance under this sub-
                                             lishing and operating a basic officer training             ‘‘(i) there will be at least one student en-         section and who does not complete the
                                             program to provide initial indoctrination                rolled in the program; and                             course of instruction, or who completes the
                                             and maritime vocational training for officer               ‘‘(ii) the provisions of this section are oth-       course but declines to accept a commission
                                             candidates as well as refresher training, mid-           erwise satisfied.                                      in the commissioned officer corps when of-
                                             career training, aviation training, and such               ‘‘(3) LIMITATIONS IN CONNECTION WITH PAR-            fered, shall be subject to the repayment pro-
                                             other training as the Secretary considers                TICULAR INSTITUTIONS.—The program may                  visions of subsection (e).
                                             necessary for officer development and pro-               not be established or maintained at an insti-            ‘‘(e) REPAYMENT OF UNEARNED PORTION OF
                                             ficiency.                                                tution unless—                                         FINANCIAL ASSISTANCE WHEN CONDITIONS OF
                                               ‘‘(2) Providing officers and officer can-                ‘‘(A) the senior commissioned officer or             PAYMENT NOT MET.—
                                             didates with educational materials.                      employee of the commissioned officer corps               ‘‘(1) IN GENERAL.—A member of the pro-
                                               ‘‘(3) Acquiring such equipment as may be               who is assigned as an advisor to the program           gram who receives or benefits from assist-
                                             necessary for training and instructional pur-            at that institution is given the academic              ance under subsection (d), and whose receipt




dlhill on DSK120RN23PROD with SENATE
                                             poses.                                                   rank of adjunct professor; and                         of or benefit from such assistance is subject
                                               ‘‘(b) PHYSICAL FITNESS.—The Secretary                    ‘‘(B) the institution fulfills the terms of its      to the condition that the member fully sat-
                                             shall ensure that officers maintain a high               agreement with the Administrator.                      isfy the requirements of subsection (c), shall
                                             physical state of readiness by establishing                ‘‘(4) MEMBERSHIP IN CONNECTION WITH STA-             repay to the United States an amount equal
                                             standards of physical fitness for officers that          TUS AS STUDENT.—At institutions at which               to the assistance received or benefitted from
                                             are substantially equivalent to those pre-               the program is established, the membership             if the member fails to fully satisfy such re-
                                             scribed for officers in the Coast Guard.’’.              of students in the program shall be elective,          quirements and may not receive or benefit




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                                             S4048                                             CONGRESSIONAL RECORD — SENATE                                                            June 30, 2020
                                             from any unpaid amounts of such assistance               cational institution, or other authorized en-            ‘‘(g) RULEMAKING.—The Secretary shall
                                             after the member fails to satisfy such re-               tity.                                                  prescribe regulations to carry out this sec-
                                             quirements, unless the Administrator deter-                ‘‘(b) ELIGIBLE PERSONS.—To be eligible to            tion, including—
                                             mines that the imposition of the repayment               obtain a loan repayment under this section,              ‘‘(1) standards for qualified loans and au-
                                             requirement and the termination of payment               a person must—                                         thorized payees; and
                                             of unpaid amounts of such assistance with                  ‘‘(1) satisfy one of the requirements speci-           ‘‘(2) other terms and conditions for the
                                             regard to the member would be—                           fied in subsection (c);                                making of loan repayments.’’.
                                               ‘‘(A) contrary to a personnel policy or                                                                         (b) CLERICAL AMENDMENT.—The table of
                                                                                                        ‘‘(2) be fully qualified for, or hold, an ap-
                                             management objective;                                                                                           contents in section 1 of the Act entitled ‘‘An
                                                                                                      pointment as a commissioned officer in the
                                               ‘‘(B) against equity and good conscience; or                                                                  Act to authorize the Hydrographic Services
                                                                                                      commissioned officer corps of the Adminis-
                                               ‘‘(C) contrary to the best interests of the                                                                   Improvement Act of 1998, and for other pur-
                                                                                                      tration; and
                                             United States.                                                                                                  poses’’ (Public Law 107–372) is amended by in-
                                                                                                        ‘‘(3) sign a written agreement to serve on           serting after the item relating to section 266
                                               ‘‘(2)   REGULATIONS.—The      Administrator            active duty, or, if on active duty, to remain
                                             may establish, by regulations, procedures for                                                                   the following:
                                                                                                      on active duty for a period in addition to any
                                             determining the amount of the repayment                                                                         ‘‘Sec. 267. Education loan repayment pro-
                                                                                                      other incurred active duty obligation.
                                             required under this subsection and the cir-                                                                                   gram.’’.
                                                                                                        ‘‘(c) ACADEMIC AND PROFESSIONAL REQUIRE-             SEC. 1722. INTEREST PAYMENTS.
                                             cumstances under which an exception to re-
                                                                                                      MENTS.—One of the following academic re-                 (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071
                                             payment may be granted. The Administrator
                                                                                                      quirements must be satisfied for purposes of           et seq.), as amended by section 1721(a), is fur-
                                             may specify in the regulations the condi-
                                                                                                      determining the eligibility of an individual           ther amended by adding at the end the fol-
                                             tions under which financial assistance to be
                                                                                                      for a loan repayment under this section:               lowing:
                                             paid to a member of the program will not be
                                                                                                        ‘‘(1) The person is fully qualified in a pro-        ‘‘SEC. 268. INTEREST PAYMENT PROGRAM.
                                             made if the member no longer satisfies the
                                                                                                      fession that the Secretary has determined to              ‘‘(a) AUTHORITY.—The Secretary may pay
                                             requirements in subsection (c) or qualifica-
                                                                                                      be necessary to meet identified skill short-           the interest and any special allowances that
                                             tions in subsection (d) for such assistance.
                                                                                                      ages in the commissioned officer corps.                accrue on one or more student loans of an el-
                                               ‘‘(3) OBLIGATION AS DEBT TO UNITED
                                                                                                        ‘‘(2) The person is enrolled as a full-time          igible officer, in accordance with this sec-
                                             STATES.—An obligation to repay the United
                                                                                                      student in the final year of a course of study         tion.
                                             States under this subsection is, for all pur-
                                                                                                      at an accredited educational institution (as             ‘‘(b) ELIGIBLE OFFICERS.—An officer is eli-
                                             poses, a debt owed to the United States.’’.
                                               (b) CLERICAL AMENDMENT.—The table of                   determined by the Secretary of Education)              gible for the benefit described in subsection
                                             contents in section 1 of the Act entitled ‘‘An           leading to a degree in a profession that will          (a) while the officer—
                                             Act to authorize the Hydrographic Services               meet identified skill shortages in the com-              ‘‘(1) is serving on active duty;
                                             Improvement Act of 1998, and for other pur-              missioned officer corps.                                 ‘‘(2) has not completed more than three
                                             poses’’ (Public Law 107–372), as amended by                ‘‘(d) LOAN REPAYMENTS.—                              years of service on active duty;
                                             section 1714(b), is further amended by insert-             ‘‘(1) IN GENERAL.—Subject to the limits es-            ‘‘(3) is the debtor on one or more unpaid
                                             ing after the item relating to section 217 the           tablished under paragraph (2), a loan repay-           loans described in subsection (c); and
                                             following:                                               ment under this section may consist of the               ‘‘(4) is not in default on any such loan.
                                                                                                      payment of the principal, interest, and re-              ‘‘(c) STUDENT LOANS.—The authority to
                                             ‘‘Sec. 218. Aviation accession training pro-                                                                    make payments under subsection (a) may be
                                                           grams.’’.                                  lated expenses of a loan obtained by a person
                                                                                                      described in subsection (b).                           exercised with respect to the following loans:
                                             SEC. 1716. RECRUITING MATERIALS.                                                                                  ‘‘(1) A loan made, insured, or guaranteed
                                               (a) IN GENERAL.—Subtitle A (33 U.S.C. 3001               ‘‘(2) LIMITATION ON AMOUNT.—For each year
                                                                                                      of obligated service that a person agrees to           under part B of title IV of the Higher Edu-
                                             et seq.), as amended by section 1715(a), is fur-                                                                cation Act of 1965 (20 U.S.C. 1071 et seq.).
                                             ther amended by adding at the end the fol-               serve in an agreement described in sub-
                                                                                                                                                               ‘‘(2) A loan made under part D of such title
                                             lowing:                                                  section (b)(3), the Secretary may pay not
                                                                                                                                                             (20 U.S.C. 1087a et seq.).
                                             ‘‘SEC. 219. USE OF RECRUITING MATERIALS FOR              more than the amount specified in section
                                                                                                                                                               ‘‘(3) A loan made under part E of such title
                                                          PUBLIC RELATIONS.                           2173(e)(2) of title 10, United States Code.
                                                                                                                                                             (20 U.S.C. 1087aa et seq.).
                                               ‘‘The Secretary may use for public rela-                 ‘‘(e) ACTIVE DUTY SERVICE OBLIGATION.—                 ‘‘(d) MAXIMUM BENEFIT.—Interest and any
                                             tions purposes of the Department of Com-                   ‘‘(1) IN GENERAL.—A person entering into             special allowance may be paid on behalf of
                                             merce any advertising materials developed                an agreement described in subsection (b)(3)            an officer under this section for any of the 36
                                             for use for recruitment and retention of per-            incurs an active duty service obligation.              consecutive months during which the officer
                                             sonnel for the commissioned officer corps of               ‘‘(2) LENGTH OF OBLIGATION DETERMINED                is eligible under subsection (b).
                                             the Administration. Any such use shall be                UNDER REGULATIONS.—                                      ‘‘(e) FUNDS FOR PAYMENTS.—The Secretary
                                             under such conditions and subject to such re-              ‘‘(A) IN GENERAL.—Except as provided in              may use amounts appropriated for the pay
                                             strictions as the Secretary shall prescribe.’’.          subparagraph (B), the length of the obliga-            and allowances of personnel of the commis-
                                               (b) CLERICAL AMENDMENT.—The table of                   tion under paragraph (1) shall be determined           sioned officer corps of the Administration for
                                             contents in section 1 of the Act entitled ‘‘An           under regulations prescribed by the Sec-               payments under this section.
                                             Act to authorize the Hydrographic Services               retary.                                                  ‘‘(f) COORDINATION WITH SECRETARY OF
                                             Improvement Act of 1998, and for other pur-                ‘‘(B) MINIMUM OBLIGATION.—The regula-                EDUCATION.—
                                             poses’’ (Public Law 107–372), as amended by              tions prescribed under subparagraph (A) may              ‘‘(1) IN GENERAL.—The Secretary shall con-
                                             section 1715(b), is further amended by insert-           not provide for a period of obligation of less         sult with the Secretary of Education regard-
                                             ing after the item relating to section 218 the           than one year for each maximum annual                  ing the administration of this section.
                                             following:                                               amount, or portion thereof, paid on behalf of            ‘‘(2) TRANSFER OF FUNDS.—The Secretary
                                             ‘‘Sec. 219. Use of recruiting materials for              the person for qualified loans.                        shall transfer to the Secretary of Education
                                                           public relations.’’.                         ‘‘(3) PERSONS ON ACTIVE DUTY BEFORE EN-              the funds necessary—
                                             SEC. 1717. TECHNICAL CORRECTION.                         TERING INTO AGREEMENT.—The active duty                   ‘‘(A) to pay interest and special allowances
                                               Section 101(21)(C) of title 38, United States          service obligation of persons on active duty           on student loans under this section (in ac-
                                             Code, is amended by inserting ‘‘in the com-              before entering into the agreement shall be            cordance with sections 428(o), 455(l), and
                                             missioned officer corps’’ before ‘‘of the Na-            served after the conclusion of any other obli-         464(j) of the Higher Education Act of 1965 (20
                                             tional’’.                                                gation incurred under the agreement.                   U.S.C. 1078(o), 1087e(l), and 1087dd(j)); and
                                                                                                        ‘‘(4) CONCURRENT COMPLETION OF SERVICE                 ‘‘(B) to reimburse the Secretary of Edu-
                                                  Subtitle B—Parity and Recruitment                                                                          cation for any reasonable administrative
                                             SEC. 1721. EDUCATION LOANS.                              OBLIGATIONS.—A service obligation under
                                                                                                      this section may be completed concurrently             costs incurred by the Secretary in coordi-
                                               (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071                                                                    nating the program under this section with
                                             et seq.) is amended by adding at the end the             with a service obligation under section 216.
                                                                                                                                                             the administration of the student loan pro-
                                             following:                                                 ‘‘(f) EFFECT OF FAILURE TO COMPLETE OBLI-            grams under parts B, D, and E of title IV of
                                             ‘‘SEC. 267. EDUCATION LOAN REPAYMENT PRO-                GATION.—                                               the Higher Education Act of 1965 (20 U.S.C.
                                                          GRAM.                                         ‘‘(1) ALTERNATIVE OBLIGATIONS.—An officer            1071 et seq., 1087a et seq., 1087aa et seq.).
                                                ‘‘(a) AUTHORITY TO REPAY EDUCATION                    who is relieved of the officer’s active duty             ‘‘(g) SPECIAL ALLOWANCE DEFINED.—In this
                                             LOANS.—For the purpose of maintaining ade-               obligation under this section before the com-          section, the term ‘special allowance’ means a
                                             quate numbers of officers of the commis-                 pletion of that obligation may be given any            special allowance that is payable under sec-
                                             sioned officer corps of the Administration on            alternative obligation, at the discretion of           tion 438 of the Higher Education Act of 1965
                                             active duty who have skills required by the              the Secretary.                                         (20 U.S.C. 1087–1).’’.




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                                             commissioned officer corps, the Secretary                  ‘‘(2) REPAYMENT.—An officer who does not               (b) CONFORMING AMENDMENTS.—
                                             may repay, in the case of a person described             complete the period of active duty specified             (1) Section 428(o) of the Higher Education
                                             in subsection (b), a loan that—                          in the agreement entered into under sub-               Act of 1965 (20 U.S.C. 1078(o)) is amended—
                                               ‘‘(1) was used by the person to finance edu-           section (b)(3), or the alternative obligation            (A) by striking the subsection heading and
                                             cation; and                                              imposed under paragraph (1), shall be subject          inserting ‘‘ARMED FORCES AND NOAA COM-
                                               ‘‘(2) was obtained from a governmental en-             to the repayment provisions under section              MISSIONED OFFICER CORPS STUDENT LOAN IN-
                                             tity, private financial institution, edu-                216.                                                   TEREST PAYMENT PROGRAMS’’; and




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                                             June 30, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                      S4049
                                               (B) in paragraph (1)—                                    ‘‘(1) Tuition and fees charged by the edu-           the person’s own misconduct or grossly neg-
                                               (i) by inserting ‘‘or section 268 of the Na-           cational institution involved.                         ligent conduct.
                                             tional Oceanic and Atmospheric Administra-                 ‘‘(2) The cost of educational materials.               ‘‘(4) OBLIGATION AS DEBT TO UNITED
                                             tion Commissioned Officer Corps Act of 2002’’              ‘‘(3) In the case of a program of education          STATES.—An obligation to reimburse the
                                             after ‘‘Code,’’; and                                     leading to a baccalaureate degree, labora-             Secretary imposed under paragraph (2) is, for
                                               (ii) by inserting ‘‘or an officer in the com-          tory expenses.                                         all purposes, a debt owed to the United
                                             missioned officer corps of the National Oce-               ‘‘(4) Such other expenses as the Secretary           States.
                                             anic and Atmospheric Administration, re-                 considers appropriate.                                   ‘‘(5) DISCHARGE IN BANKRUPTCY.—A dis-
                                             spectively,’’ after ‘‘Armed Forces’’.                      ‘‘(d) LIMITATION ON AMOUNT.—The Sec-                 charge in bankruptcy under title 11, United
                                               (2) Sections 455(l) and 464(j) of the Higher           retary shall prescribe the amount of finan-            States Code, that is entered less than five
                                             Education Act of 1965 (20 U.S.C. 1087e(l) and            cial assistance provided to a person under             years after the termination of a written
                                             1087dd(j)) are each amended—                             subsection (a), which may not exceed the               agreement entered into under subsection
                                               (A) by striking the subsection heading and             amount specified in section 2173(e)(2) of title        (b)(1)(C) does not discharge the person sign-
                                             inserting ‘‘ARMED FORCES AND NOAA COM-                   10, United States Code, for each year of obli-         ing the agreement from a debt arising under
                                             MISSIONED OFFICER CORPS STUDENT LOAN IN-                 gated service that a person agrees to serve in         such agreement or under paragraph (2).
                                             TEREST PAYMENT PROGRAMS’’; and                           an agreement described in subsection (b)(2).             ‘‘(i) REGULATIONS.—The Secretary may
                                               (B) in paragraph (1)—                                    ‘‘(e) DURATION OF ASSISTANCE.—Financial              prescribe such regulations and orders as the
                                               (i) by inserting ‘‘or section 268 of the Na-           assistance may be provided to a person under           Secretary considers appropriate to carry out
                                             tional Oceanic and Atmospheric Administra-               subsection (a) for not more than five con-             this section.
                                                                                                      secutive academic years.                                 ‘‘(j) CONCURRENT COMPLETION OF SERVICE
                                             tion Commissioned Officer Corps Act of 2002’’
                                                                                                        ‘‘(f) SUBSISTENCE ALLOWANCE.—                        OBLIGATIONS.—A service obligation under
                                             after ‘‘Code,’’; and
                                                                                                        ‘‘(1) IN GENERAL.—A person who receives fi-          this section may be completed concurrently
                                               (ii) by inserting ‘‘or an officer in the com-
                                                                                                      nancial assistance under subsection (a) shall          with a service obligation under section 216.’’.
                                             missioned officer corps of the National Oce-
                                                                                                      be entitled to a monthly subsistence allow-              (b) CLERICAL AMENDMENT.—The table of
                                             anic and Atmospheric Administration, re-
                                                                                                      ance at a rate prescribed under paragraph (2)          contents in section 1 of the Act entitled ‘‘An
                                             spectively’’ after ‘‘Armed Forces’’.
                                                                                                      for the duration of the period for which the           Act to authorize the Hydrographic Services
                                               (c) CLERICAL AMENDMENT.—The table of
                                                                                                      person receives such financial assistance.             Improvement Act of 1998, and for other pur-
                                             contents in section 1 of the Act entitled ‘‘An
                                                                                                        ‘‘(2) DETERMINATION OF AMOUNT.—The Sec-              poses’’ (Public Law 107–372), as amended by
                                             Act to authorize the Hydrographic Services
                                                                                                      retary shall prescribe monthly rates for sub-          section 1722(c), is further amended by insert-
                                             Improvement Act of 1998, and for other pur-
                                                                                                      sistence allowance provided under paragraph            ing after the item relating to section 268 the
                                             poses’’ (Public Law 107–372), as amended by
                                                                                                      (1), which shall be equal to the amount speci-         following:
                                             section 1721(b), is further amended by insert-
                                                                                                      fied in section 2144(a) of title 10, United
                                             ing after the item relating to section 267 the                                                                  ‘‘Sec. 269. Student pre-commissioning edu-
                                                                                                      States Code.
                                             following:                                                                                                                    cation assistance program.’’.
                                                                                                        ‘‘(g) INITIAL CLOTHING ALLOWANCE.—
                                             ‘‘Sec. 268. Interest payment program.’’.                                                                        SEC. 1724. LIMITATION ON EDUCATIONAL ASSIST-
                                                                                                        ‘‘(1) TRAINING.—The Secretary may pre-
                                                                                                                                                                          ANCE.
                                             SEC. 1723. STUDENT PRE-COMMISSIONING PRO-                scribe a sum which shall be credited to each
                                                         GRAM.                                                                                                 (a) IN GENERAL.—Each fiscal year, begin-
                                                                                                      person who receives financial assistance
                                               (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071                                                                    ning with the fiscal year in which this title
                                                                                                      under subsection (a) to cover the cost of the
                                             et seq.), as amended by section 1722(a), is fur-                                                                is enacted, the Secretary of Commerce shall
                                                                                                      person’s initial clothing and equipment
                                             ther amended by adding at the end the fol-                                                                      ensure that the total amount expended by
                                                                                                      issue.
                                             lowing:                                                                                                         the Secretary under section 267 of the Na-
                                                                                                        ‘‘(2) APPOINTMENT.—Upon completion of
                                                                                                                                                             tional Oceanic and Atmospheric Administra-
                                             ‘‘SEC. 269. STUDENT PRE-COMMISSIONING EDU-               the program of education for which a person
                                                          CATION ASSISTANCE PROGRAM.                                                                         tion Commissioned Officer Corps Act of 2002
                                                                                                      receives financial assistance under sub-
                                                                                                                                                             (as added by section 1721(a)), section 268 of
                                                ‘‘(a) AUTHORITY TO PROVIDE FINANCIAL AS-              section (a) and acceptance of appointment in
                                                                                                                                                             such Act (as added by section 1722(a)), and
                                             SISTANCE.—For the purpose of maintaining                 the commissioned officer corps of the Ad-
                                                                                                                                                             section 269 of such Act (as added by section
                                             adequate numbers of officers of the commis-              ministration, the person may be issued a
                                                                                                                                                             1723(a)) does not exceed the amount by
                                             sioned officer corps of the Administration on            subsequent clothing allowance equivalent to
                                                                                                                                                             which—
                                             active duty, the Secretary may provide fi-               that normally provided to a newly appointed
                                                                                                                                                               (1) the total amount the Secretary would
                                             nancial assistance to a person described in              officer.
                                                                                                        ‘‘(h) TERMINATION OF FINANCIAL ASSIST-               pay in that fiscal year to officer candidates
                                             subsection (b) for expenses of the person
                                                                                                      ANCE.—
                                                                                                                                                             under section 203(f)(1) of title 37, United
                                             while the person is pursuing on a full-time
                                                                                                        ‘‘(1) IN GENERAL.—The Secretary shall ter-           States Code (as added by section 1735(d)), if
                                             basis at an accredited educational institu-
                                                                                                      minate the assistance provided to a person             such section entitled officer candidates to
                                             tion (as determined by the Secretary of Edu-
                                                                                                      under this section if—                                 pay at monthly rates equal to the basic pay
                                             cation) a program of education approved by
                                                                                                        ‘‘(A) the Secretary accepts a request by the         of a commissioned officer in the pay grade O–
                                             the Secretary that leads to—
                                                                                                      person to be released from an agreement de-            1 with less than 2 years of service, exceeds
                                               ‘‘(1) a baccalaureate degree in not more
                                                                                                      scribed in subsection (b)(2);                            (2) the total amount the Secretary actu-
                                             than five academic years; or
                                                                                                        ‘‘(B) the misconduct of the person results           ally pays in that fiscal year to officer can-
                                               ‘‘(2) a postbaccalaureate degree.
                                               ‘‘(b) ELIGIBLE PERSONS.—                               in a failure to complete the period of active          didates under section 203(f)(1) of such title
                                               ‘‘(1) IN GENERAL.—A person is eligible to              duty required under the agreement; or                  (as so added).
                                                                                                                                                               (b) OFFICER CANDIDATE DEFINED.—In this
                                             obtain financial assistance under subsection               ‘‘(C) the person fails to fulfill any term or
                                                                                                                                                             section, the term ‘‘officer candidate’’ has the
                                             (a) if the person—                                       condition of the agreement.
                                                                                                                                                             meaning given the term in paragraph (4) of
                                               ‘‘(A) is enrolled on a full-time basis in a              ‘‘(2) REIMBURSEMENT.—The Secretary may
                                                                                                                                                             section 212(b) of the National Oceanic and
                                             program of education referred to in sub-                 require a person who receives assistance de-
                                                                                                                                                             Atmospheric Administration Commissioned
                                             section (a) at any educational institution de-           scribed in subsection (c), (f), or (g) under an
                                                                                                                                                             Officer Corps Act of 2002 (33 U.S.C. 3002), as
                                             scribed in such subsection;                              agreement entered into under subsection
                                                                                                                                                             added by section 1735(c).
                                               ‘‘(B) meets all of the requirements for ac-            (b)(1)(C) to reimburse the Secretary in an
                                                                                                                                                             SEC. 1725. APPLICABILITY OF CERTAIN PROVI-
                                             ceptance into the commissioned officer corps             amount that bears the same ratio to the
                                                                                                                                                                         SIONS OF TITLE 10, UNITED STATES
                                             of the Administration except for the comple-             total costs of the assistance provided to that                     CODE, AND EXTENSION OF CERTAIN
                                             tion of a baccalaureate degree; and                      person as the unserved portion of active duty                      AUTHORITIES APPLICABLE TO MEM-
                                               ‘‘(C) enters into a written agreement with             bears to the total period of active duty the                       BERS OF THE ARMED FORCES TO
                                             the Secretary described in paragraph (2).                officer agreed to serve under the agreement.                       COMMISSIONED OFFICER CORPS.
                                               ‘‘(2) AGREEMENT.—A written agreement re-                 ‘‘(3) WAIVER.—The Secretary may waive                  (a) APPLICABILITY OF CERTAIN PROVISIONS
                                             ferred to in paragraph (1)(C) is an agreement            the service obligation of a person through an          OF TITLE 10.—Section 261(a) (33 U.S.C. 3071(a))
                                             between the person and the Secretary in                  agreement entered into under subsection                is amended—
                                             which the person—                                        (b)(1)(C) if the person—                                 (1) by redesignating paragraphs (13)
                                               ‘‘(A) agrees to accept an appointment as an              ‘‘(A) becomes unqualified to serve on ac-            through (16) as paragraphs (22) through (25),
                                             officer, if tendered; and                                tive duty in the commissioned officer corps            respectively;
                                               ‘‘(B) upon completion of the person’s edu-             of the Administration because of a cir-                  (2) by redesignating paragraphs (7) through
                                             cational program, agrees to serve on active              cumstance not within the control of that               (12) as paragraphs (14) through (19), respec-
                                             duty, immediately after appointment, for—                person; or                                             tively;




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                                               ‘‘(i) up to three years if the person received           ‘‘(B) is—                                              (3) by redesignating paragraphs (4) through
                                             less than three years of assistance; and                   ‘‘(i) not physically qualified for appoint-          (6) as paragraphs (8) through (10), respec-
                                               ‘‘(ii) up to five years if the person received         ment; and                                              tively;
                                             at least three years of assistance.                        ‘‘(ii) determined to be unqualified for serv-          (4) by inserting after paragraph (3) the fol-
                                               ‘‘(c) QUALIFYING EXPENSES.—Expenses for                ice in the commissioned officer corps of the           lowing:
                                             which financial assistance may be provided               Administration because of a physical or                  ‘‘(4) Section 771, relating to unauthorized
                                             under subsection (a) are the following:                  medical condition that was not the result of           wearing of uniforms.




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                                             S4050                                             CONGRESSIONAL RECORD — SENATE                                                           June 30, 2020
                                                ‘‘(5) Section 774, relating to wearing reli-            ‘‘(4) Section 415, relating to initial uniform       SEC. 1729. EMPLOYMENT AND REEMPLOYMENT
                                             gious apparel while in uniform.                          allowances.                                                        RIGHTS.
                                                ‘‘(6) Section 982, relating to service on               ‘‘(5) Section 488, relating to allowances for          Section 4303(16) of title 38, United States
                                             State and local juries.                                  recruiting expenses.                                   Code, is amended by inserting ‘‘the commis-
                                                ‘‘(7) Section 1031, relating to administra-             ‘‘(6) Section 495, relating to allowances for        sioned officer corps of the National Oceanic
                                             tion of oaths.’’;                                        funeral honors duty.                                   and Atmospheric Administration,’’ after
                                                (5) by inserting after paragraph (10), as re-           ‘‘(b) REFERENCES.—The authority vested by            ‘‘Public Health Service,’’.
                                             designated, the following:                               title 37, United States Code, in the ‘military         SEC. 1730. TREATMENT OF COMMISSION IN COM-
                                                ‘‘(11) Section 1074n, relating to annual                                                                                 MISSIONED OFFICER CORPS FOR
                                                                                                      departments’, ‘the Secretary concerned’, or
                                                                                                                                                                         PURPOSES OF CERTAIN HIRING DE-
                                             mental health assessments.                               ‘the Secretary of Defense’ with respect to                         CISIONS.
                                                ‘‘(12) Section 1090a, relating to referrals for       the provisions of law referred to in sub-                (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071
                                             mental health evaluations.                               section (a) shall be exercised, with respect to        et seq.), as amended by this title, is further
                                                ‘‘(13) Chapter 58, relating to the Benefits           the commissioned officer corps of the Ad-              amended by adding at the end the following:
                                             and Services for members being separated or              ministration, by the Secretary of Commerce             ‘‘SEC. 269A. TREATMENT OF COMMISSION IN COM-
                                             recently separated.’’; and                               or the Secretary’s designee.’’.                                      MISSIONED OFFICER CORPS AS EM-
                                                (6) by inserting after paragraph (19), as re-           (b) PERSONAL MONEY ALLOWANCE.—Section                              PLOYMENT   IN   ADMINISTRATION
                                             designated, the following:                               414(a)(2) of title 37, United States Code, is                        FOR PURPOSES OF CERTAIN HIRING
                                                ‘‘(20) Subchapter I of chapter 88, relating to        amended by inserting ‘‘or the director of the                        DECISIONS.
                                             Military Family Programs.                                commissioned officer corps of the National                ‘‘(a) IN GENERAL.—In any case in which the
                                                ‘‘(21) Section 2005, relating to advanced             Oceanic and Atmospheric Administration’’               Secretary accepts an application for a posi-
                                             education assistance, active duty agree-                 after ‘‘Health Service’’.                              tion of employment with the Administration
                                             ments, and reimbursement requirements.’’.                  (c) CLERICAL AMENDMENT.—The table of                 and limits consideration of applications for
                                                (b) EXTENSION OF CERTAIN AUTHORITIES.—                contents in section 1 of the Act entitled ‘‘An         such position to applications submitted by
                                                (1) NOTARIAL SERVICES.—Section 1044a of               Act to authorize the Hydrographic Services             individuals serving in a career or career-con-
                                             title 10, United States Code, is amended—                Improvement Act of 1998, and for other pur-            ditional position in the competitive service
                                                (A) in subsection (a)(1), by striking ‘‘armed         poses’’ (Public Law 107–372) is amended by in-         within the Administration, the Secretary
                                             forces’’ and inserting ‘‘uniformed services’’;           serting after the item relating to section 261         shall deem an officer who has served as an
                                             and                                                      the following:                                         officer in the commissioned officer corps for
                                                (B) in subsection (b)(4), by striking ‘‘armed                                                                at least three years to be serving in a career
                                             forces’’ both places it appears and inserting            ‘‘Sec. 261A. Applicability of certain provi-
                                                                                                                                                             or career-conditional position in the com-
                                             ‘‘uniformed services’’.                                                sions of title 37, United States
                                                                                                                                                             petitive service within the Administration
                                                (2) ACCEPTANCE OF VOLUNTARY SERVICES                                Code.’’.
                                                                                                                                                             for purposes of such limitation.
                                             FOR PROGRAMS SERVING MEMBERS AND THEIR                   SEC. 1727. PROHIBITION ON RETALIATORY PER-               ‘‘(b) CAREER APPOINTMENTS.—If the Sec-
                                             FAMILIES.—Section 1588 of such title is                              SONNEL ACTIONS.                            retary selects an application submitted by
                                             amended—                                                   (a) IN GENERAL.—Subsection (a) of section            an officer described in subsection (a) for a
                                                (A) in subsection (a)(3), in the matter be-           261 (33 U.S.C. 3071), as amended by section            position described in such subsection, the
                                             fore subparagraph (A), by striking ‘‘armed               1725(a), is further amended—                           Secretary shall give such officer a career or
                                             forces’’ and inserting ‘‘uniformed services’’;             (1) by redesignating paragraphs (8) through          career-conditional appointment in the com-
                                             and                                                      (25) as paragraphs (9) through (26), respec-           petitive service, as appropriate.
                                                (B) by adding at the end the following new            tively; and                                              ‘‘(c) COMPETITIVE SERVICE DEFINED.—In
                                             subsection:                                                (2) by inserting after paragraph (7) the fol-        this section, the term ‘competitive service’
                                                ‘‘(g) SECRETARY CONCERNED FOR ACCEPT-                 lowing:                                                has the meaning given the term in section
                                             ANCE OF SERVICES FOR PROGRAMS SERVING                      ‘‘(8) Section 1034, relating to protected            2102 of title 5, United States Code.’’.
                                             MEMBERS OF NOAA CORPS AND THEIR FAMI-                    communications and prohibition of retalia-               (b) CLERICAL AMENDMENT.—The table of
                                             LIES.—For purposes of the acceptance of                  tory personnel actions.’’.                             contents in section 1 of the Act entitled ‘‘An
                                             services described in subsection (a)(3), the               (b) CONFORMING AMENDMENT.—Subsection                 Act to authorize the Hydrographic Services
                                             term ‘Secretary concerned’ in subsection (a)             (b) of such section is amended by adding at            Improvement Act of 1998, and for other pur-
                                             shall include the Secretary of Commerce                  the end the following: ‘‘For purposes of para-         poses’’ (Public Law 107–372) is amended by in-
                                             with respect to members of the commis-                   graph (8) of subsection (a), the term ‘Inspec-         serting after the item relating to section 269,
                                             sioned officer corps of the National Oceanic             tor General’ in section 1034 of such title 10          as added by section 1723(b), the following new
                                             and Atmospheric Administration.’’.                       shall mean the Inspector General of the De-            item:
                                                (3) CAPSTONE COURSE FOR NEWLY SELECTED                partment of Commerce.’’.                               ‘‘Sec. 269A. Treatment of commission in
                                             FLAG OFFICERS.—Section 2153 of such title is               (c) REGULATIONS.—Such section is further                            commissioned officer corps as
                                             amended—                                                 amended by adding at the end the following:                           employment in Administration
                                                (A) in subsection (a)—                                  ‘‘(c) REGULATIONS REGARDING PROTECTED                               for purposes of certain hiring
                                                (i) by inserting ‘‘or the commissioned offi-          COMMUNICATIONS AND PROHIBITION OF RETAL-                              decisions.’’.
                                             cer corps of the National Oceanic and Atmos-             IATORY PERSONNEL ACTIONS.—The Secretary                 Subtitle C—Appointments and Promotion of
                                             pheric Administration’’ after ‘‘in the case of           may prescribe regulations to carry out the                                  Officers
                                             the Navy’’; and                                          application of section 1034 of title 10, United        SEC. 1731. APPOINTMENTS.
                                                (ii) by striking ‘‘other armed forces’’ and           States Code, to the commissioned officer
                                             inserting ‘‘other uniformed services’’; and                                                                       (a) ORIGINAL APPOINTMENTS.—Section 221
                                                                                                      corps of the Administration, including by              (33 U.S.C. 3021) is amended to read as follows:
                                                (B) in subsection (b)(1), in the matter be-           prescribing such administrative procedures
                                             fore subparagraph (A), by inserting ‘‘or the                                                                    ‘‘SEC. 221. ORIGINAL APPOINTMENTS AND RE-
                                                                                                      for investigation and appeal within the com-                        APPOINTMENTS.
                                             Secretary of Commerce, as applicable,’’ after            missioned officer corps as the Secretary con-             ‘‘(a) ORIGINAL APPOINTMENTS.—
                                             ‘‘the Secretary of Defense’’.                            siders appropriate.’’.                                    ‘‘(1) GRADES.—
                                             SEC. 1726. APPLICABILITY OF CERTAIN PROVI-
                                                         SIONS OF TITLE 37, UNITED STATES             SEC. 1728. APPLICATION OF CERTAIN PROVI-                  ‘‘(A) IN GENERAL.—Except as provided in
                                                         CODE.                                                   SIONS OF COMPETITIVE SERVICE                subparagraph (B), an original appointment of
                                                                                                                 LAW.                                        an officer may be made in such grades as
                                               (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071
                                             et seq.) is amended by inserting after section             Section 3304(f) of title 5, United States            may be appropriate for—
                                             261 the following:                                       Code, is amended—                                        ‘‘(i) the qualification, experience, and
                                             ‘‘SEC. 261A. APPLICABILITY OF CERTAIN PROVI-               (1) in paragraph (1), by inserting ‘‘and             length of service of the appointee; and
                                                          SIONS OF TITLE 37, UNITED STATES            members of the commissioned officer corps                ‘‘(ii) the commissioned officer corps of the
                                                          CODE.                                       of the National Oceanic and Atmospheric Ad-            Administration.
                                                ‘‘(a) PROVISIONS MADE APPLICABLE TO COM-              ministration (or its predecessor organization            ‘‘(B)    APPOINTMENT    OF   OFFICER    CAN-
                                             MISSIONED OFFICER CORPS.—The provisions of               the Coast and Geodetic Survey) separated               DIDATES.—
                                             law applicable to the Armed Forces under                 from such uniformed service’’ after ‘‘sepa-              ‘‘(i) LIMITATION ON GRADE.—An original ap-
                                             the following provisions of title 37, United             rated from the armed forces’’;                         pointment of an officer candidate, upon grad-
                                             States Code, shall apply to the commissioned               (2) in paragraph (2), by striking ‘‘or vet-          uation from the basic officer training pro-
                                             officer corps of the Administration:                     eran’’ and inserting ‘‘, veteran, or member’’;         gram of the commissioned officer corps of
                                               ‘‘(1) Section 324, relating to accession bo-           and                                                    the Administration, may not be made in any




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                                             nuses for new officers in critical skills.                 (3) in paragraph (4), by inserting ‘‘and             other grade than ensign.
                                               ‘‘(2) Section 403(f)(3), relating to pre-              members of the commissioned officer corps                ‘‘(ii) RANK.—Officer candidates receiving
                                             scribing regulations defining the terms ‘field           of the National Oceanic and Atmospheric Ad-            appointments as ensigns upon graduation
                                             duty’ and ‘sea duty’.                                    ministration (or its predecessor organization          from the basic officer training program shall
                                               ‘‘(3) Section 403(l), relating to temporary            the Coast and Geodetic Survey) separated               take rank according to their proficiency as
                                             continuation of housing allowance for de-                from such uniformed service’’ after ‘‘sepa-            shown by the order of their merit at date of
                                             pendents of members dying on active duty.                rated from the armed forces’’.                         graduation.




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                                             June 30, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                        S4051
                                               ‘‘(2) SOURCE OF APPOINTMENTS.—An original              of Defense Directive 1300.4 (dated December              ‘‘(C) the officer has not previously failed
                                             appointment may be made from among the                   27, 2006)) the Secretary shall—                        selection for promotion to the grade for
                                             following:                                                 ‘‘(1) coordinate with the Secretary of De-           which the officer requests the exclusion from
                                               ‘‘(A) Graduates of the basic officer training          fense and the Secretary of the Department in           consideration.’’.
                                             program of the commissioned officer corps of             which the Coast Guard is operating to pro-             SEC. 1733. POSITIONS OF IMPORTANCE AND RE-
                                             the Administration.                                      mote and streamline inter-service transfers;                       SPONSIBILITY.
                                               ‘‘(B) Graduates of the military service                  ‘‘(2) give preference to such inter-service            Section 228 (33 U.S.C. 3028) is amended—
                                             academies of the United States who other-                transfers for recruitment purposes as deter-             (1) in subsection (c)—
                                             wise meet the academic standards for enroll-             mined appropriate by the Secretary; and                  (A) in the first sentence, by striking ‘‘The
                                             ment in the training program described in                  ‘‘(3) reappoint such inter-service transfers         Secretary shall designate one position under
                                             subparagraph (A).                                        to the equivalent grade in the commissioned            this section’’ and inserting ‘‘The President
                                               ‘‘(C) Graduates of the maritime academies              officer corps.’’.                                      shall designate one position’’; and
                                             of the States who—                                         (b) CLERICAL AMENDMENT.—The table of                   (B) in the second sentence, by striking
                                               ‘‘(i) otherwise meet the academic stand-               contents in section 1 of the Act entitled ‘‘An         ‘‘That position shall be filled by’’ and insert-
                                             ards for enrollment in the training program              Act to authorize the Hydrographic Services             ing ‘‘The President shall fill that position by
                                             described in subparagraph (A);                           Improvement Act of 1998, and for other pur-            appointing, by and with the advice and con-
                                               ‘‘(ii) completed at least three years of regi-         poses’’ (Public Law 107–372) is amended by             sent of the Senate,’’;
                                             mented training while at a maritime acad-                striking the item relating to section 221 and            (2) in subsection (d)(2), by inserting ‘‘or im-
                                             emy of a State; and                                      inserting the following:                               mediately beginning a period of terminal
                                               ‘‘(iii) obtained an unlimited tonnage or un-           ‘‘Sec. 221. Original appointments and re-              leave’’ after ‘‘for which a higher grade is des-
                                             limited horsepower Merchant Mariner Cre-                                appointments.’’.                        ignated’’;
                                             dential from the United States Coast Guard.              SEC. 1732. PERSONNEL BOARDS.                             (3) by amending subsection (e) to read as
                                               ‘‘(D) Licensed officers of the United States             Section 222 (33 U.S.C. 3022) is amended to           follows:
                                             merchant marine who have served two or                   read as follows:                                         ‘‘(e) LIMIT ON NUMBER OF OFFICERS AP-
                                             more years aboard a vessel of the United                 ‘‘SEC. 222. PERSONNEL BOARDS.                          POINTED.—The total number of officers serv-
                                             States in the capacity of a licensed officer,                                                                   ing on active duty at any one time in the
                                                                                                         ‘‘(a) CONVENING.—Not less frequently than
                                             who otherwise meet the academic standards                                                                       grade of rear admiral (lower half) or above
                                                                                                      once each year and at such other times as
                                             for enrollment in the training program de-                                                                      may not exceed five, with only one serving in
                                                                                                      the Secretary determines necessary, the Sec-
                                             scribed in subparagraph (A).                                                                                    the grade of vice admiral.’’; and
                                                                                                      retary shall convene a personnel board.
                                               ‘‘(3) DEFINITIONS.—In this subsection:                   ‘‘(b) MEMBERSHIP.—                                     (4) in subsection (f), by inserting ‘‘or in a
                                               ‘‘(A) MARITIME ACADEMIES OF THE STATES.—                 ‘‘(1) IN GENERAL.—A board convened under             period of annual leave used at the end of the
                                             The term ‘maritime academies of the States’              subsection (a) shall consist of five or more           appointment’’ after ‘‘serving in that grade’’.
                                             means the following:                                     officers who are serving in or above the per-          SEC. 1734. TEMPORARY APPOINTMENTS.
                                               ‘‘(i) California Maritime Academy, Vallejo,            manent grade of the officers under consider-             (a) IN GENERAL.—Section 229 (33 U.S.C.
                                             California.                                              ation by the board.                                    3029) is amended to read as follows:
                                               ‘‘(ii) Great Lakes Maritime Academy, Tra-                ‘‘(2) RETIRED OFFICERS.—Officers on the re-          ‘‘SEC. 229. TEMPORARY APPOINTMENTS.
                                             verse City, Michigan.                                    tired list may be recalled to serve on such               ‘‘(a) APPOINTMENTS BY PRESIDENT.—Tem-
                                               ‘‘(iii) Maine Maritime Academy, Castine,               personnel boards as the Secretary considers            porary appointments in the grade of ensign,
                                             Maine.                                                   necessary.                                             lieutenant junior grade, or lieutenant may
                                               ‘‘(iv) Massachusetts Maritime Academy,                   ‘‘(3) NO MEMBERSHIP ON 2 SUCCESSIVE                  be made by the President.
                                             Buzzards Bay, Massachusetts.                             BOARDS.—No officer may be a member of two                ‘‘(b) TERMINATION.—A temporary appoint-
                                               ‘‘(v) State University of New York Mari-               successive personnel boards convened to con-           ment to a position under subsection (a) shall
                                             time College, Fort Schuyler, New York.                   sider officers of the same grade for pro-              terminate upon approval of a permanent ap-
                                               ‘‘(vi) Texas A&M Maritime Academy, Gal-                motion or separation.                                  pointment for such position made by the
                                             veston, Texas.                                             ‘‘(c) DUTIES.—Each personnel board shall—            President.
                                               ‘‘(B) MILITARY SERVICE ACADEMIES OF THE                  ‘‘(1) recommend to the Secretary such                  ‘‘(c) ORDER OF PRECEDENCE.—Appointees
                                             UNITED STATES.—The term ‘military service                changes as may be necessary to correct any             under subsection (a) shall take precedence in
                                             academies of the United States’ means the                erroneous position on the lineal list that was         the grade to which appointed in accordance
                                             following:                                               caused by administrative error; and                    with the dates of their appointments as offi-
                                               ‘‘(i) The United States Military Academy,                ‘‘(2) make selections and recommendations            cers in such grade. The order of precedence
                                             West Point, New York.                                    to the Secretary and the President for the             of appointees who are appointed on the same
                                               ‘‘(ii) The United States Naval Academy,                appointment, promotion, involuntary sepa-              date shall be determined by the Secretary.
                                             Annapolis, Maryland.                                     ration, continuation, and involuntary retire-            ‘‘(d) ANY ONE GRADE.—When determined by
                                               ‘‘(iii) The United States Air Force Acad-              ment of officers in the commissioned officer           the Secretary to be in the best interest of
                                             emy, Colorado Springs, Colorado.                         corps of the Administration as prescribed in           the commissioned officer corps, officers in
                                               ‘‘(iv) The United States Coast Guard Acad-             this title.                                            any permanent grade may be temporarily
                                             emy, New London, Connecticut.                              ‘‘(d) ACTION ON RECOMMENDATIONS NOT AC-              promoted one grade by the President. Any
                                               ‘‘(v) The United States Merchant Marine                CEPTABLE.—If any recommendation by a                   such temporary promotion terminates upon
                                             Academy, Kings Point, New York.                          board convened under subsection (a) is not
                                               ‘‘(b) REAPPOINTMENT.—                                                                                         the transfer of the officer to a new assign-
                                                                                                      accepted by the Secretary or the President,            ment.’’.
                                               ‘‘(1) IN GENERAL.—Except as provided in                the board shall make such further rec-
                                             paragraph (2), an individual who previously                                                                       (b) CLERICAL AMENDMENT.—The table of
                                                                                                      ommendations as the Secretary or the Presi-            contents in section 1 of the Act entitled ‘‘An
                                             served in the commissioned officer corps of              dent considers appropriate.
                                             the Administration may be appointed by the                                                                      Act to authorize the Hydrographic Services
                                                                                                        ‘‘(e) AUTHORITY FOR OFFICERS TO OPT OUT              Improvement Act of 1998, and for other pur-
                                             Secretary to the grade the individual held               OF PROMOTION CONSIDERATION.—
                                             prior to separation.                                                                                            poses’’ (Public Law 107–372) is amended by
                                                                                                        ‘‘(1) IN GENERAL.—The Director of the Na-            striking the item relating to section 229 and
                                               ‘‘(2) REAPPOINTMENTS TO HIGHER GRADES.—                tional Oceanic and Atmospheric Administra-
                                             An appointment under paragraph (1) to a po-                                                                     inserting the following:
                                                                                                      tion Commissioned Officer Corps may pro-
                                             sition of importance and responsibility des-                                                                    ‘‘Sec. 229. Temporary appointments.’’.
                                                                                                      vide that an officer, upon the officer’s re-
                                             ignated under section 228 may only be made               quest and with the approval of the Director,           SEC. 1735. OFFICER CANDIDATES.
                                             by the President.                                        be excluded from consideration for pro-                  (a) IN GENERAL.—Subtitle B (33 U.S.C. 3021
                                               ‘‘(c)    QUALIFICATIONS.—An     appointment                                                                   et seq.) is amended by adding at the end the
                                                                                                      motion by a personnel board convened under
                                             under subsection (a) or (b) may not be given                                                                    following:
                                                                                                      this section.
                                             to an individual until the individual’s men-                                                                    ‘‘SEC. 234. OFFICER CANDIDATES.
                                                                                                        ‘‘(2) APPROVAL.—The Director shall ap-
                                             tal, moral, physical, and professional fitness
                                                                                                      prove a request made by an officer under                  ‘‘(a) DETERMINATION OF NUMBER.—The Sec-
                                             to perform the duties of an officer has been
                                             established under such regulations as the                paragraph (1) only if—                                 retary shall determine the number of ap-
                                             Secretary shall prescribe.                                 ‘‘(A) the basis for the request is to allow          pointments of officer candidates.
                                               ‘‘(d) ORDER OF PRECEDENCE.—Appointees                  the officer to complete a broadening assign-             ‘‘(b) APPOINTMENT.—Appointment of officer
                                             under this section shall take precedence in              ment, advanced education, another assign-              candidates shall be made under regulations,
                                             the grade to which appointed in accordance               ment of significant value to the Administra-           which the Secretary shall prescribe, includ-




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                                             with the dates of their commissions as com-              tion, a career progression requirement de-             ing regulations with respect to determining
                                             missioned officers in such grade. The order of           layed by the assignment or education, or a             age limits, methods of selection of officer
                                             precedence of appointees whose dates of com-             qualifying personal or professional cir-               candidates, term of service as an officer can-
                                             mission are the same shall be determined by              cumstance, as determined by the Director;              didate before graduation from the basic offi-
                                             the Secretary.                                             ‘‘(B) the Director determines the exclusion          cer training program of the Administration,
                                               ‘‘(e) INTER-SERVICE TRANSFERS.—For inter-              from consideration is in the best interest of          and all other matters affecting such appoint-
                                             service transfers (as described in Department            the Administration; and                                ment.




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                                             S4052                                             CONGRESSIONAL RECORD — SENATE                                                            June 30, 2020
                                                ‘‘(c) DISMISSAL.—The Secretary may dis-               such time shall not be considered creditable           cer participating in a program under this
                                             miss from the basic officer training program             for active duty or pay.’’.                             section may, in the discretion of the Sec-
                                             of the Administration any officer candidate              SEC. 1736. PROCUREMENT OF PERSONNEL.                   retary, be required to terminate participa-
                                             who, during the officer candidate’s term as                (a) IN GENERAL.—Subtitle B (33 U.S.C. 3021           tion in the program and be ordered to active
                                             an officer candidate, the Secretary considers            et seq.), as amended by section 1735(a), is fur-       duty.
                                             unsatisfactory in either academics or con-               ther amended by adding at the end the fol-               ‘‘(f) PAY AND ALLOWANCES.—
                                             duct, or not adapted for a career in the com-            lowing:                                                  ‘‘(1) BASIC PAY.—During each month of par-
                                             missioned officer corps of the Administra-               ‘‘SEC. 235. PROCUREMENT OF PERSONNEL.                  ticipation in a program under this section,
                                             tion. Officer candidates shall be subject to                ‘‘The Secretary may make such expendi-              an officer who participates in the program
                                             rules governing discipline prescribed by the             tures as the Secretary considers necessary in          shall be paid basic pay in an amount equal to
                                             Director of the National Oceanic and Atmos-              order to obtain recruits for the commis-               two-thirtieths of the amount of monthly
                                             pheric Administration Commissioned Officer               sioned officer corps of the Administration,            basic pay to which the officer would other-
                                             Corps.                                                   including advertising.’’.                              wise be entitled under section 204 of title 37,
                                                ‘‘(d) AGREEMENT.—                                        (b) CLERICAL AMENDMENT.—The table of
                                                                                                                                                             United States Code, as a member of the uni-
                                                ‘‘(1) IN GENERAL.—Each officer candidate              contents in section 1 of the Act entitled ‘‘An
                                                                                                                                                             formed services on active duty in the grade
                                             shall sign an agreement with the Secretary               Act to authorize the Hydrographic Services
                                                                                                                                                             and years of service of the officer when the
                                             in accordance with section 216(a)(2) regard-             Improvement Act of 1998, and for other pur-
                                                                                                                                                             officer commences participation in the pro-
                                             ing the officer candidate’s term of service in           poses’’ (Public Law 107–372), as amended by
                                                                                                                                                             gram.
                                             the commissioned officer corps of the Ad-                section 1735(b), is further amended by insert-
                                                                                                                                                               ‘‘(2) SPECIAL OR INCENTIVE PAY OR BONUS.—
                                             ministration.                                            ing after the item relating to section 234 the
                                                                                                                                                               ‘‘(A) PROHIBITION.—An officer who partici-
                                                ‘‘(2) ELEMENTS.—An agreement signed by                following:
                                                                                                                                                             pates in a program under this section shall
                                             an officer candidate under paragraph (1)                 ‘‘235. Procurement of personnel.’’.                    not, while participating in the program, be
                                             shall provide that the officer candidate                 SEC. 1737. CAREER INTERMISSION PROGRAM.                paid any special or incentive pay or bonus to
                                             agrees to the following:                                   (a) IN GENERAL.—Subtitle B (33 U.S.C. 3021           which the officer is otherwise entitled under
                                                ‘‘(A) That the officer candidate will com-            et seq.), as amended by section 1736(a), is fur-       an agreement under chapter 5 of title 37,
                                             plete the course of instruction at the basic             ther amended by adding at the end the fol-             United States Code, that is in force when the
                                             officer training program of the Administra-              lowing:                                                officer commences participation in the pro-
                                             tion.                                                    ‘‘SEC. 236. CAREER FLEXIBILITY TO ENHANCE RE-          gram.
                                                ‘‘(B) That upon graduation from such pro-                           TENTION OF OFFICERS.
                                                                                                                                                               ‘‘(B) NOT TREATED AS FAILURE TO PERFORM
                                             gram, the officer candidate—                                ‘‘(a) PROGRAMS AUTHORIZED.—The Sec-                 SERVICES.—The inactivation from active
                                                ‘‘(i) will accept an appointment, if ten-             retary may carry out a program under which
                                                                                                                                                             duty of an officer participating in a program
                                             dered, as an officer; and                                officers may be inactivated from active duty
                                                                                                                                                             under this section shall not be treated as a
                                                ‘‘(ii) will serve on active duty for at least         in order to meet personal or professional
                                                                                                                                                             failure of the officer to perform any period of
                                             four years immediately after such appoint-               needs and returned to active duty at the end
                                                                                                                                                             service required of the officer in connection
                                             ment.                                                    of such period of inactivation from active
                                                                                                                                                             with an agreement for a special or incentive
                                                ‘‘(e) REGULATIONS.—The Secretary shall                duty.
                                                                                                        ‘‘(b) PERIOD OF INACTIVATION FROM ACTIVE             pay or bonus under chapter 5 of title 37,
                                             prescribe regulations to carry out this sec-                                                                    United States Code, that is in force when the
                                             tion. Such regulations shall include—                    DUTY; EFFECT OF INACTIVATION.—
                                                                                                        ‘‘(1) IN GENERAL.—The period of inactiva-            officer commences participation in the pro-
                                                ‘‘(1) standards for determining what con-                                                                    gram.
                                             stitutes a breach of an agreement signed                 tion from active duty under a program under
                                                                                                      this section of an officer participating in the          ‘‘(3) RETURN TO ACTIVE DUTY.—
                                             under subsection (d)(1); and                                                                                      ‘‘(A) SPECIAL OR INCENTIVE PAY OR BONUS.—
                                                ‘‘(2) procedures for determining whether              program shall be such period as the Sec-
                                                                                                      retary shall specify in the agreement of the           Subject to subparagraph (B), upon the return
                                             such a breach has occurred.                                                                                     of an officer to active duty after completion
                                                ‘‘(f) REPAYMENT.—An officer candidate or              officer under subsection (c), except that such
                                                                                                      period may not exceed three years.                     by the officer of participation in a program
                                             former officer candidate who does not fulfill                                                                   under this section—
                                             the terms of the obligation to serve as speci-             ‘‘(2) EXCLUSION FROM RETIREMENT.—Any pe-
                                                                                                      riod of participation of an officer in a pro-            ‘‘(i) any agreement entered into by the of-
                                             fied under subsection (d) shall be subject to                                                                   ficer under chapter 5 of title 37, United
                                             the repayment provisions of section 216(b).’’.           gram under this section shall not count to-
                                                                                                      ward eligibility for retirement or computa-            States Code, for the payment of a special or
                                                (b) CLERICAL AMENDMENT.—The table of                                                                         incentive pay or bonus that was in force
                                             contents in section 1 of the Act entitled ‘‘An           tion of retired pay under subtitle C.
                                                                                                        ‘‘(c) AGREEMENT.—Each officer who partici-           when the officer commenced participation in
                                             Act to authorize the Hydrographic Services                                                                      the program shall be revived, with the term
                                                                                                      pates in a program under this section shall
                                             Improvement Act of 1998, and for other pur-                                                                     of such agreement after revival being the pe-
                                                                                                      enter into a written agreement with the Sec-
                                             poses’’ (Public Law 107–372) is amended by in-                                                                  riod of the agreement remaining to run when
                                                                                                      retary under which that officer shall agree
                                             serting after the item relating to section 233                                                                  the officer commenced participation in the
                                                                                                      as follows:
                                             the following:                                                                                                  program; and
                                                                                                        ‘‘(1) To undergo during the period of the in-
                                             ‘‘Sec. 234. Officer candidates.’’.                       activation of the officer from active duty               ‘‘(ii) any special or incentive pay or bonus
                                                (c) OFFICER CANDIDATE DEFINED.—Section                under the program such inactive duty train-            shall be payable to the officer in accordance
                                             212(b) (33 U.S.C. 3002(b)) is amended—                   ing as the Director of the National Oceanic            with the terms of the agreement concerned
                                                (1) by redesignating paragraphs (4) through           and Atmospheric Administration Commis-                 for the term specified in clause (i).
                                             (6) as paragraphs (5) through (7), respec-               sioned Officer Corps shall require in order to           ‘‘(B) LIMITATION.—
                                             tively; and                                              ensure that the officer retains proficiency, at          ‘‘(i) IN GENERAL.—Subparagraph (A) shall
                                                (2) by inserting after paragraph (3) the fol-         a level determined by the Director to be suf-          not apply to any special or incentive pay or
                                             lowing:                                                  ficient, in the technical skills, professional         bonus otherwise covered by that subpara-
                                                ‘‘(4) OFFICER CANDIDATE.—The term ‘officer            qualifications, and physical readiness of the          graph with respect to an officer if, at the
                                             candidate’ means an individual who is en-                officer during the inactivation of the officer         time of the return of the officer to active
                                             rolled in the basic officer training program             from active duty.                                      duty as described in that subparagraph—
                                             of the Administration and is under consider-               ‘‘(2) Following completion of the period of            ‘‘(I) such pay or bonus is no longer author-
                                             ation for appointment as an officer under                the inactivation of the officer from active            ized by law; or
                                             section 221(a)(2)(A).’’.                                 duty under the program, to serve two                     ‘‘(II) the officer does not satisfy eligibility
                                                (d) PAY FOR OFFICER CANDIDATES.—Section               months on active duty for each month of the            criteria for such pay or bonus as in effect at
                                             203 of title 37, United States Code, is amend-           period of the inactivation of the officer from         the time of the return of the officer to active
                                             ed by adding at the end the following:                   active duty under the program.                         duty.
                                                ‘‘(f)(1) An officer candidate enrolled in the           ‘‘(d) CONDITIONS OF RELEASE.—The Sec-                  ‘‘(ii) PAY OR BONUS CEASES BEING AUTHOR-
                                             basic officer training program of the com-               retary shall—                                          IZED.—Subparagraph (A) shall cease to apply
                                             missioned officer corps of the National Oce-               ‘‘(1) prescribe regulations specifying the           to any special or incentive pay or bonus oth-
                                             anic and Atmospheric Administration is en-               guidelines regarding the conditions of re-             erwise covered by that subparagraph with re-
                                             titled, while participating in such program,             lease that must be considered and addressed            spect to an officer if, during the term of the
                                             to monthly officer candidate pay at monthly              in the agreement required by subsection (c);           revived agreement of the officer under sub-
                                             rates equal to the basic pay of an enlisted              and                                                    paragraph (A)(i), such pay or bonus ceases
                                             member in the pay grade E–5 with less than                 ‘‘(2) at a minimum, prescribe the proce-             being authorized by law.




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                                             two years of service.                                    dures and standards to be used to instruct an            ‘‘(C) REPAYMENT.—An officer who is ineli-
                                                ‘‘(2) An individual who graduates from                officer on the obligations to be assumed by            gible for payment of a special or incentive
                                             such program shall receive credit for the                the officer under paragraph (1) of such sub-           pay or bonus otherwise covered by this para-
                                             time spent participating in such program as              section while the officer is released from ac-         graph by reason of subparagraph (B)(i)(II)
                                             if such time were time served while on active            tive duty.                                             shall be subject to the requirements for re-
                                             duty as a commissioned officer. If the indi-               ‘‘(e) ORDER TO ACTIVE DUTY.—Under regu-              payment of such pay or bonus in accordance
                                             vidual does not graduate from such program,              lations prescribed by the Secretary, an offi-          with the terms of the applicable agreement




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                                             June 30, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                      S4053
                                             of the officer under chapter 5 of title 37,                ‘‘(d) DEFERMENT OF RETIREMENT OR SEPA-               ‘‘SEC. 3547. CRIMINAL REFERRAL.
                                             United States Code.                                      RATION FOR MEDICAL REASONS.—                             ‘‘If the Secretary of Commerce finds, pur-
                                               ‘‘(D) REQUIRED SERVICE IS ADDITIONAL.—                   ‘‘(1) IN GENERAL.—If the Secretary deter-            suant to an investigation under section 3546,
                                             Any service required of an officer under an              mines that the evaluation of the medical               evidence that a crime may have been com-
                                             agreement covered by this paragraph after                condition of an officer requires hospitaliza-          mitted, the Secretary shall refer the matter
                                             the officer returns to active duty as de-                tion or medical observation that cannot be             to the appropriate law enforcement authori-
                                             scribed in subparagraph (A) shall be in addi-            completed with confidence in a manner con-             ties, including the appropriate United States
                                             tion to any service required of the officer              sistent with the officer’s well-being before           Attorney.’’.
                                             under an agreement under subsection (c).                 the date on which the officer would other-               (c) CLERICAL AMENDMENT.—The table of
                                               ‘‘(4) TRAVEL AND TRANSPORTATION ALLOW-                 wise be required to retire or be separated             contents in section 2(b) of such Act is
                                             ANCE.—                                                   under this section, the Secretary may defer            amended by striking the items relating to
                                               ‘‘(A) IN GENERAL.—Subject to subparagraph              the retirement or separation of the officer.           sections 3546 and 3547 and inserting the fol-
                                             (B), an officer who participates in a program              ‘‘(2) CONSENT REQUIRED.—A deferment may              lowing new items:
                                             under this section is entitled, while partici-           only be made with the written consent of the           ‘‘Sec. 3546. Investigation requirement.
                                             pating in the program, to the travel and                 officer involved. If the officer does not pro-         ‘‘Sec. 3547. Criminal referral.
                                             transportation allowances authorized by sec-             vide written consent to the deferment, the             ‘‘Sec. 3548. Annual report on sexual assaults
                                             tion 474 of title 37, United States Code, for—           officer shall be retired or separated as sched-                       in the National Oceanic and At-
                                               ‘‘(i) travel performed from the residence of           uled.                                                                 mospheric Administration.
                                             the officer, at the time of release from active            ‘‘(3) LIMITATION.—A deferment of retire-             ‘‘Sec. 3549. Sexual assault defined.’’.
                                             duty to participate in the program, to the lo-           ment or separation under this subsection                Subtitle F—Environmental Sensitivity Index
                                             cation in the United States designated by                may not extend for more than 30 days after                                 Products
                                             the officer as the officer’s residence during            completion of the evaluation requiring hos-            SEC. 1761. UPDATE TO ENVIRONMENTAL SENSI-
                                             the period of participation in the program;              pitalization or medical observation.’’.                            TIVITY INDEX PRODUCTS OF NA-
                                             and                                                      SEC. 1742. SEPARATION PAY.                                         TIONAL   OCEANIC   AND   ATMOS-
                                               ‘‘(ii) travel performed to the residence of                                                                               PHERIC    ADMINISTRATION   FOR
                                                                                                        Section 242 (33 U.S.C. 3042) is amended by                       GREAT LAKES.
                                             the officer upon return to active duty at the            adding at the end the following:
                                             end of the participation of the officer in the                                                                    (a) UPDATE REQUIRED FOR ENVIRONMENTAL
                                                                                                        ‘‘(d) EXCEPTION.—An officer discharged for           SENSITIVITY INDEX PRODUCTS FOR GREAT
                                             program.                                                 twice failing selection for promotion to the
                                               ‘‘(B) SINGLE RESIDENCE.—An allowance is                                                                       LAKES.—Not later than 180 days after the
                                                                                                      next higher grade is not entitled to separa-           date of the enactment of this Act, the Under
                                             payable under this paragraph only with re-
                                                                                                      tion pay under this section if the officer—            Secretary for Oceans and Atmosphere shall
                                             spect to travel of an officer to and from a
                                                                                                        ‘‘(1) expresses a desire not to be selected          commence updating the environmental sen-
                                             single residence.
                                                                                                      for promotion; or                                      sitivity index products of the National Oce-
                                               ‘‘(5) LEAVE BALANCE.—An officer who par-
                                                                                                        ‘‘(2) requests removal from the list of se-          anic and Atmospheric Administration for
                                             ticipates in a program under this section is
                                                                                                      lectees.’’.                                            each coastal area of the Great Lakes.
                                             entitled to carry forward the leave balance
                                             existing as of the day on which the officer              Subtitle E—Sexual Harassment and Assault                  (b) PERIODIC UPDATES FOR ENVIRONMENTAL
                                             begins participation and accumulated in ac-                Prevention at the National Oceanic and At-           SENSITIVITY INDEX PRODUCTS GENERALLY.—
                                             cordance with section 701 of title 10, but not             mospheric Administration                             Subject to the availability of appropriations
                                             to exceed 60 days.                                       SEC. 1751. IMPROVEMENTS RELATING TO SEXUAL             and the priorities set forth in subsection (c),
                                               ‘‘(g) PROMOTION.—                                                   HARASSMENT AND ASSAULT PRE-               the Under Secretary shall—
                                               ‘‘(1) IN GENERAL.—An officer participating                          VENTION AT THE NATIONAL OCE-                 (1) periodically update the environmental
                                             in a program under this section shall not,                            ANIC AND ATMOSPHERIC ADMINIS-             sensitivity index products of the Administra-
                                             while participating in the program, be eligi-                         TRATION.                                  tion; and
                                             ble for consideration for promotion under                  (a) ANONYMOUS REPORTING.—Subtitle C of                  (2) endeavor to do so not less frequently
                                             subtitle B.                                              title XXXV of the National Defense Author-             than once every 7 years.
                                               ‘‘(2) RETURN TO SERVICE.—Upon the return               ization Act for Fiscal Year 2017 (33 U.S.C. 894           (c) PRIORITIES.—When prioritizing geo-
                                             of an officer to active duty after completion            et seq.) is amended—                                   graphic areas to update environmental sensi-
                                             by the officer of participation in a program               (1) in section 3541(b)(3)(B) (33 U.S.C.              tivity index products, the Under Secretary
                                             under this section—                                      894(b)(3)(B)), by striking ‘‘confidentially’’          shall consider—
                                               ‘‘(A) the Secretary may adjust the date of             and inserting ‘‘anonymously’’; and                        (1) the age of existing environmental sensi-
                                             rank of the officer in such manner as the                  (2) in section 3542(b)(5)(B) (33 U.S.C.              tivity index products for the areas;
                                             Secretary shall prescribe in regulations for             894a(b)(5)(B)), by striking ‘‘confidentially’’            (2) the occurrence of extreme events, be it
                                             purposes of this section; and                            and inserting ‘‘anonymously’’.                         natural or man-made, which have signifi-
                                               ‘‘(B) the officer shall be eligible for consid-          (b) INVESTIGATIVE REQUIREMENT.—Such                  cantly altered the shoreline or ecosystem
                                             eration for promotion when officers of the               subtitle is amended—                                   since the last update;
                                             same competitive category, grade, and se-                  (1) by redesignating sections 3546 and 3547             (3) the natural variability of shoreline and
                                             niority are eligible for consideration for pro-          as sections 3548 and 3549, respectively; and           coastal environments; and
                                             motion.                                                    (2) by inserting after section 3545 the fol-            (4) the volume of vessel traffic and general
                                               ‘‘(h) CONTINUED ENTITLEMENTS.—An officer               lowing:                                                vulnerability to spilled pollutants.
                                             participating in a program under this section            ‘‘SEC. 3546. INVESTIGATION REQUIREMENT.                   (d) ENVIRONMENTAL SENSITIVITY INDEX
                                             shall, while participating in the program, be                                                                   PRODUCT DEFINED.—In this section, the term
                                                                                                        ‘‘(a) REQUIREMENT TO INVESTIGATE.—
                                             treated as a member of the uniformed serv-                                                                      ‘‘environmental sensitivity index product’’
                                                                                                        ‘‘(1) IN GENERAL.—The Secretary of Com-
                                             ices on active duty for a period of more than                                                                   means a map or similar tool that is utilized
                                                                                                      merce, acting through the Under Secretary
                                             30 days for purposes of—                                                                                        to identify sensitive shoreline, coastal, or
                                                                                                      for Oceans and Atmosphere, shall ensure
                                               ‘‘(1) the entitlement of the officer and of                                                                   offshore resources prior to an oil spill event
                                                                                                      that each allegation of sexual harassment re-
                                             the dependents of the officer to medical and                                                                    in order to set baseline priorities for protec-
                                                                                                      ported under section 3541 and each allegation
                                             dental care under the provisions of chapter                                                                     tion and plan cleanup strategies, typically
                                                                                                      of sexual assault reported under section 3542
                                             55 of title 10; and                                                                                             including information relating to shoreline
                                                                                                      is investigated thoroughly and promptly.
                                               ‘‘(2) retirement or separation for physical                                                                   type, biological resources, and human use re-
                                                                                                        ‘‘(2) SENSE OF CONGRESS ON COMMENCEMENT
                                             disability under the provisions of subtitle                                                                     sources.
                                                                                                      OF INVESTIGATION.—It is the sense of Con-
                                             C.’’.                                                                                                              (e) AUTHORIZATION OF APPROPRIATIONS.—
                                                                                                      gress that the Secretary should ensure that               (1) IN GENERAL.—There is authorized to be
                                               (b) CLERICAL AMENDMENT.—The table of                   an investigation of an alleged sexual harass-
                                             contents in section 1 of the Act entitled ‘‘An                                                                  appropriated      to   the   Under    Secretary
                                                                                                      ment reported under section 3541 or sexual             $7,500,000 to carry out subsection (a).
                                             Act to authorize the Hydrographic Services               assault reported under section 3542 com-
                                             Improvement Act of 1998, and for other pur-                                                                        (2) AVAILABILITY.—Amounts appropriated
                                                                                                      mences not later than 48 hours after the               or otherwise made available pursuant to
                                             poses’’ (Public Law 107–372), as amended by              time at which the allegation was reported.
                                             section 1736(b), is further amended by insert-                                                                  paragraph (1) shall be available to the Under
                                                                                                        ‘‘(b) NOTIFICATION OF DELAY.—In any case             Secretary for the purposes set forth in such
                                             ing after the item relating to section 235 the
                                                                                                      in which the time between the reporting of             paragraph until expended.
                                             following:
                                                                                                      an alleged sexual harassment or sexual as-
                                             ‘‘Sec. 236. Career flexibility to enhance re-            sault under section 3541 or 3542, respectively,          SA 2339. Mr. CRAMER submitted an




dlhill on DSK120RN23PROD with SENATE
                                                             tention of officers.’’.                  and commencement of an investigation of                amendment intended to be proposed to
                                                Subtitle D—Separation and Retirement of               the allegation exceeds 48 hours, the Sec-
                                                                   Officers                                                                                  amendment SA 2301 proposed by Mr.
                                                                                                      retary shall notify the Committee on Com-
                                             SEC. 1741. INVOLUNTARY RETIREMENT OR SEPA-               merce, Science, and Transportation of the              INHOFE to the bill S. 4049, to authorize
                                                          RATION.                                     Senate and the Committee on Natural Re-                appropriations for fiscal year 2021 for
                                               Section 241 (33 U.S.C. 3041) is amended by             sources of the House of Representatives of             military activities of the Department
                                             adding at the end the following:                         the delay.                                             of Defense, for military construction,



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                                             S4054                                             CONGRESSIONAL RECORD — SENATE                                                           June 30, 2020
                                             and for defense activities of the De-                    SEC. 3168. SENSE OF THE SENATE REGARDING                 (4) such other issues related to undue influ-
                                                                                                                  URANIUM MINING AND NUCLEAR                 ence from governments of malign actors, in-
                                             partment of Energy, to prescribe mili-                               WEAPONS TESTING.
                                             tary personnel strengths for such fiscal                                                                        cluding the Russian Federation, Iran, and
                                                                                                        It is the sense of the Senate that the               the People’s Republic of China, or entities
                                             year, and for other purposes; which was                  United States should compensate and recog-             owned or controlled by such governments, as
                                             ordered to lie on the table; as follows:                 nize all of the miners, workers, downwinders,          the Director considers important.
                                               At the appropriate place in title II, insert           and others suffering from the effects of ura-
                                             the following:                                           nium mining and nuclear weapons testing                  SA 2345. Mr. SCHUMER submitted an
                                                                                                      carried out during the Cold War.                       amendment intended to be proposed by
                                             SEC. lll. PLAN FOR USE OF COMMERCIAL SO-
                                                       LUTIONS FOR WIDEBAND SATELLITE
                                                                                                        SA 2343. Mr. UDALL (for himself and                  him to the bill S. 4049, to authorize ap-
                                                       COMMUNICATIONS ROAMING AND                                                                            propriations for fiscal year 2021 for
                                                       MULTIDOMAIN COMMAND AND CON-                   Mr. CRAPO) submitted an amendment
                                                       TROL CAPABILITIES.                             intended to be proposed by him to the                  military activities of the Department
                                               No later than 180 days after enactment of              bill S. 4049, to authorize appropriations              of Defense, for military construction,
                                             this Act, the Department of Defense shall                for fiscal year 2021 for military activi-              and for defense activities of the De-
                                             submit to the congressional defense commit-              ties of the Department of Defense, for                 partment of Energy, to prescribe mili-
                                             tees a plan for integrating a digital ground
                                                                                                      military construction, and for defense                 tary personnel strengths for such fiscal
                                             architecture that will utilize commercial in-                                                                   year, and for other purposes; which was
                                             novations and solutions to enable wideband               activities of the Department of Energy,
                                                                                                      to    prescribe     military    personnel              ordered to lie on the table; as follows:
                                             satellite communications roaming and
                                                                                                      strengths for such fiscal year, and for                  At the end of subtitle D of title I, insert
                                             multidomain command and control capabili-
                                                                                                                                                             the following:
                                             ties without unnecessary additional invest-              other purposes; which was ordered to
                                                                                                                                                             SEC. 156. REPORT ON LC–130 AIRCRAFT INVEN-
                                             ment in terminal hardware.                               lie on the table; as follows:                                      TORY.
                                                                                                        At the end of subtitle F of title XXXI, add            Not later than 180 days after the date of
                                               SA 2340. Mr. MANCHIN (for himself,                     the following:                                         the enactment of this Act, the Secretary of
                                             Ms. MURKOWSKI, Mr. HEINRICH, Mrs.                        SEC. 3168. EXTENDING RADIATION EXPOSURE                the Air Force shall submit to the congres-
                                             MURRAY, Ms. CANTWELL, and Mr.                                       COMPENSATION TRUST FUND.                    sional defense committees a report describ-
                                             CRAMER) submitted an amendment in-                         (a) IN GENERAL.—Section 3(d) of the Radi-            ing how the Department of Defense plans to
                                                                                                      ation Exposure Compensation Act (Public                modernize the LC–130 aircraft in its inven-
                                             tended to be proposed to amendment
                                                                                                      Law 101–426; 42 U.S.C. 2210 note) is amended—          tory.
                                             SA 2301 proposed by Mr. INHOFE to the                      (1) by striking ‘‘22 years’’ and inserting ‘‘24
                                             bill S. 4049, to authorize appropriations                years’’; and                                             SA 2346. Mr. SCHUMER submitted an
                                             for fiscal year 2021 for military activi-                  (2) by striking ‘‘22-year’’ and inserting ‘‘24-      amendment intended to be proposed by
                                             ties of the Department of Defense, for                   year’’.
                                                                                                                                                             him to the bill S. 4049, to authorize ap-
                                             military construction, and for defense                     (b) LIMITATION ON CLAIMS.—Section 8(a) of
                                                                                                      such Act (Public Law 101–426; 42 U.S.C. 2210           propriations for fiscal year 2021 for
                                             activities of the Department of Energy,                                                                         military activities of the Department
                                             to    prescribe     military    personnel                note) is amended by striking ‘‘22 years’’ and
                                                                                                      inserting ‘‘24 years’’.                                of Defense, for military construction,
                                             strengths for such fiscal year, and for                                                                         and for defense activities of the De-
                                             other purposes; which was ordered to                       SA 2344. Mr. CASEY submitted an                      partment of Energy, to prescribe mili-
                                             lie on the table; as follows:                            amendment intended to be proposed by                   tary personnel strengths for such fiscal
                                               Strike section 3111.                                   him to the bill S. 4049, to authorize ap-              year, and for other purposes; which was
                                                                                                      propriations for fiscal year 2021 for                  ordered to lie on the table; as follows:
                                               SA 2341. Mr. WYDEN submitted an                        military activities of the Department                    At the end of subtitle C of title X, add the
                                             amendment intended to be proposed to                     of Defense, for military construction,                 following:
                                             amendment SA 2301 proposed by Mr.                        and for defense activities of the De-                  SEC. 1026. SENSE OF CONGRESS ON THE NAMING
                                             INHOFE to the bill S. 4049, to authorize                 partment of Energy, to prescribe mili-                              OF A NAVAL VESSEL IN HONOR OF
                                             appropriations for fiscal year 2021 for                  tary personnel strengths for such fiscal                            SENIOR CHIEF PETTY OFFICER
                                                                                                                                                                          SHANNON KENT.
                                             military activities of the Department                    year, and for other purposes; which was
                                                                                                                                                               It is the sense of Congress that the Sec-
                                             of Defense, for military construction,                   ordered to lie on the table; as follows:               retary of the Navy should name the next
                                             and for defense activities of the De-                      At the end of subtitle G of title XII, add           available naval vessel appropriate for such
                                             partment of Energy, to prescribe mili-                   the following:                                         name in honor of Senior Chief Petty Officer
                                             tary personnel strengths for such fiscal                 SEC. 1287. OUTREACH TO UNITED STATES DUAL-             Shannon Kent.
                                             year, and for other purposes; which was                              USE SECTORS RELATING TO PRE-
                                                                                                                  VENTION   OF  INDUSTRIAL  AND                SA 2347. Mr. ENZI submitted an
                                             ordered to lie on the table; as follows:                             CYBER ESPIONAGE.
                                               At the end of title XXVII, add the fol-                  The Director of the Federal Bureau of In-
                                                                                                                                                             amendment intended to be proposed to
                                             lowing:                                                  vestigation, in coordination with the Under            amendment SA 2301 proposed by Mr.
                                             SEC. 2703. PLAN TO FINISH REMEDIATION AC-                Secretary of Commerce for International                INHOFE to the bill S. 4049, to authorize
                                                         TIVITIES CONDUCTED BY THE SEC-               Trade, the Securities and Exchange Commis-             appropriations for fiscal year 2021 for
                                                         RETARY OF THE ARMY IN UMATILLA,              sion, the Secretary of Homeland Security,              military activities of the Department
                                                         OREGON.                                      the interagency working group established              of Defense, for military construction,
                                               Not later than 90 days after the date of the           by section 1746(a) of the National Defense             and for defense activities of the De-
                                             enactment of this Act, the Secretary of the              Authorization Act for Fiscal Year 2020 (Pub-           partment of Energy, to prescribe mili-
                                             Army shall submit to Congress a plan to fin-             lic Law 116–92), and the heads of such other
                                                                                                      agencies as the Director considers appro-
                                                                                                                                                             tary personnel strengths for such fiscal
                                             ish remediation activities conducted by the
                                             Secretary in Umatilla, Oregon, by not later              priate, shall expand outreach to, and develop          year, and for other purposes; which was
                                             than three years after such date of enact-               educational materials and tools for, United            ordered to lie on the table; as follows:
                                             ment.                                                    States academics, businesses, venture cap-               At the end of subtitle C of title XVI, insert
                                                                                                      italists, and startups in sectors that produce         the following:
                                               SA 2342. Mr. UDALL (for himself and                    technology that has both military and civil-           SEC. 1656. SENSE OF CONGRESS ON SUPPORT
                                             Mr. CRAPO) submitted an amendment                        ian applications, with respect to—                                 FOR UNITED STATES URANIUM PRO-
                                                                                                        (1) the potential risks associated with in-                      DUCERS.
                                             intended to be proposed by him to the                    vestors and partners who reside in, or are               It is the sense of Congress that the Sec-
                                             bill S. 4049, to authorize appropriations                subject to the jurisdiction of, malign actors,         retary of Defense should provide support to
                                             for fiscal year 2021 for military activi-                including the Russian Federation, Iran, and            producers of uranium in the United States in
                                             ties of the Department of Defense, for                   the People’s Republic of China;                        light of the threat to national security posed
                                             military construction, and for defense                     (2) the role of the governments of malign            by uranium producers owned or controlled
                                             activities of the Department of Energy,                  actors, including the Russian Federation,              by foreign governments, as identified in the




dlhill on DSK120RN23PROD with SENATE
                                             to    prescribe     military    personnel                Iran, and the People’s Republic of China, in           report of the Department of Commerce on its
                                                                                                      acquiring, directly or indirectly, technology          investigation into uranium production under
                                             strengths for such fiscal year, and for                                                                         section 232 of the Trade Expansion Act of
                                                                                                      through programs such as the Thousand Tal-
                                             other purposes; which was ordered to                     ents Program and Project 11 of the People’s            1962 (19 U.S.C. 1862).
                                             lie on the table; as follows:                            Republic of China;
                                               At the end of subtitle F of title XXXI, add              (3) steps that can be taken to prevent in-            SA 2348. Mr. INHOFE submitted an
                                             the following:                                           dustrial and cyber espionage; and                      amendment intended to be proposed to



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                                             June 30, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S4055
                                             amendment SA 2301 proposed by Mr.                        defined by the Defense Established Program             proposed to amendment SA 2301 pro-
                                             INHOFE to the bill S. 4049, to authorize                 to      Stimulate    Competitive      Research         posed by Mr. INHOFE to the bill S. 4049,
                                             appropriations for fiscal year 2021 for                  (DEPSCoR); and                                         to authorize appropriations for fiscal
                                                                                                        ‘‘(ii) under which the Department may pro-
                                             military activities of the Department                                                                           year 2021 for military activities of the
                                                                                                      vide SBIR and STTR awards—
                                             of Defense, for military construction,                     ‘‘(I) to provide funding for 12 to 24 months         Department of Defense, for military
                                             and for defense activities of the De-                    to continue the development of technology;             construction, and for defense activities
                                             partment of Energy, to prescribe mili-                     ‘‘(II) of not more than $1,000,000, for each         of the Department of Energy, to pre-
                                             tary personnel strengths for such fiscal                 individual award; and                                  scribe military personnel strengths for
                                             year, and for other purposes; which was                    ‘‘(III) of not more than $30,000,000, in the         such fiscal year, and for other pur-
                                             ordered to lie on the table; as follows:                 aggregate, per year; and                               poses; which was ordered to lie on the
                                               At the end of subtitle B of title III, insert            ‘‘(C) carry out subparagraph (B) along with          table; as follows:
                                             the following:                                           other mentorship programs.                               Strike section 377 and insert the following:
                                             SEC. 320. PARTICIPATION IN POLLUTANT BANK-                 ‘‘(4) DURATION.—The pilot program estab-             SEC. 377. COMMISSION ON THE NAMING OF AS-
                                                         ING AND WATER QUALITY TRADING                lished under this subsection shall terminate                       SETS OF THE DEPARTMENT OF DE-
                                                         PROGRAMS.                                    5 years after the date on which the pilot pro-                     FENSE THAT COMMEMORATE THE
                                               (a) AUTHORITY TO PARTICIPATE.—The Sec-                 gram is established.                                               CONFEDERATE STATES OF AMERICA
                                             retary of a military department, and the                   ‘‘(5) REPORT.—The Department shall sub-                          OR ANY PERSON WHO SERVED VOL-
                                             Secretary of Defense with respect to matters             mit to Congress an annual report on the sta-                       UNTARILY WITH THE CONFEDERATE
                                             concerning a Defense Agency, when engaged                tus of the pilot program established under                         STATES OF AMERICA.
                                             in an authorized activity that may or will               this subsection, including the improvement               (a) IN GENERAL.—The Secretary of Defense
                                             result in the discharge of pollutants, may               in funding under the SBIR and STTR pro-                shall establish a commission relating to the
                                             make payments to a pollutant banking pro-                grams of the Department provided to small              assigning, modifying, keeping, or removing
                                             gram or water quality trading program ap-                business concerns located in eligible States,          of names, symbols, displays, monuments,
                                             proved in accordance with the Water Quality              as defined by the Defense Established Pro-             and paraphernalia of assets of the Depart-
                                             Trading Policy dated January 13, 2003, set               gram to Stimulate Competitive Research                 ment of Defense that commemorate the Con-
                                             forth by the Office of Water of the Environ-             (DEPSCoR).’’.                                          federate States of America or any person
                                             mental Protection Agency, or any successor                                                                      who served voluntarily with the Confederate
                                             administrative guidance or regulation.                     SA 2350. Mr. HAWLEY submitted an                     States of America (in this section referred to
                                               (b) TREATMENT OF PAYMENTS.—Payments                                                                           as the ‘‘Commission’’).
                                                                                                      amendment intended to be proposed to                     (b) MEMBERSHIP.—
                                             made under subsection (a) to a pollutant                 amendment SA 2301 proposed by Mr.
                                             banking program or water quality trading                                                                          (1) IN GENERAL.—The Commission shall be
                                                                                                      INHOFE to the bill S. 4049, to authorize               composed of eight members, of whom—
                                             program may be treated as eligible project
                                             costs for military construction.                         appropriations for fiscal year 2021 for                  (A) two shall be appointed by the Presi-
                                               (c) DISCHARGE OF POLLUTANTS DEFINED.—In                military activities of the Department                  dent;
                                             this section, the term ‘‘discharge of pollut-            of Defense, for military construction,                   (B) two shall be appointed by the Secretary
                                             ants’’ has the meaning given that term in                and for defense activities of the De-                  of Defense;
                                             section 502(12) of the Federal Water Pollu-                                                                       (C) one shall be appointed by the Chairman
                                                                                                      partment of Energy, to prescribe mili-                 of the Committee on Armed Services of the
                                             tion Control Act (33 U.S.C. 1362(12)) (com-              tary personnel strengths for such fiscal
                                             monly referred to as the ‘‘Clean Water Act’’).                                                                  Senate;
                                                                                                      year, and for other purposes; which was                  (D) one shall be appointed by the Ranking
                                               SA 2349. Mr. KENNEDY (for himself,                     ordered to lie on the table; as follows:               Member of the Committee on Armed Serv-
                                             Ms. BALDWIN, and Mr. RISCH) submitted                       In the funding table in section 4101, in the        ices of the Senate;
                                             an amendment intended to be proposed                     item relating to Joint Assault Bridge, strike            (E) one shall be appointed by the Chairman
                                                                                                      the amount in the Senate Authorized column             of the Committee on Armed Services of the
                                             to amendment SA 2301 proposed by Mr.                                                                            House of Representatives; and
                                                                                                      and insert ‘‘72,178’’.
                                             INHOFE to the bill S. 4049, to authorize                    In the funding table in section 4101, in the          (F) one shall be appointed by the Ranking
                                             appropriations for fiscal year 2021 for                  item relating to Total Procurement of                  Member of the Committee on Armed Serv-
                                             military activities of the Department                    W&TCV, Army, strike the amount in the                  ices of the House of Representatives.
                                             of Defense, for military construction,                   Senate Authorized column and insert                      (2) APPOINTMENT.—Members of the Com-
                                             and for defense activities of the De-                    ‘‘3,651,740’’.                                         mission shall be appointed not later than 45
                                             partment of Energy, to prescribe mili-                                                                          days after the date of the enactment of this
                                             tary personnel strengths for such fiscal                   SA 2351. Mr. COTTON submitted an                     Act.
                                                                                                      amendment intended to be proposed to                     (c) INITIAL MEETING.—The Commission
                                             year, and for other purposes; which was                                                                         shall hold its initial meeting on the date
                                             ordered to lie on the table; as follows:                 amendment SA 2301 proposed by Mr.
                                                                                                                                                             that is 60 days after the date of the enact-
                                               At the appropriate place, insert the fol-              INHOFE to the bill S. 4049, to authorize               ment of this Act.
                                             lowing:                                                  appropriations for fiscal year 2021 for                  (d) DUTIES.—The Commission shall do the
                                             SEC. ll. SBIR AND STTR PILOT PROGRAM.                    military activities of the Department                  following:
                                               Section 9 of the Small Business Act (15                of Defense, for military construction,                   (1) Assess the cost of renaming or remov-
                                             U.S.C. 638) is amended by adding at the end              and for defense activities of the De-                  ing names, symbols, displays, monuments, or
                                             the following:                                           partment of Energy, to prescribe mili-                 paraphernalia on assets of the Department of
                                               ‘‘(vv) DEPARTMENT OF DEFENSE PILOT PRO-                                                                       Defense that commemorate the Confederate
                                                                                                      tary personnel strengths for such fiscal
                                             GRAM.—                                                                                                          States of America or any person who served
                                               ‘‘(1) DEFINITION.—In this section, the term            year, and for other purposes; which was                voluntarily with the Confederate States of
                                             ‘Department’ means the Department of De-                 ordered to lie on the table; as follows:               America.
                                             fense.                                                     At the end of subtitle G of title X, add the           (2) Develop criteria to assess whether an
                                               ‘‘(2) ESTABLISHMENT.—The Secretary of De-              following:                                             existing name, symbol, display, monument,
                                             fense shall establish a pilot program to pro-            SEC. 1085. AMENDMENT TO SECTION 151 OF THE             or paraphernalia commemorates or valorizes
                                             vide small business concerns an increased                            FOREIGN RELATIONS AUTHORIZA-               the Confederate States of America or any
                                             level of assistance under the SBIR and STTR                          TION ACT, FISCAL YEARS 1990 AND            person who served voluntarily with the Con-
                                             programs of the Department.                                          1991 TO ALLOW DANGER PAY FOR               federate States of America.
                                                                                                                  THE U.S. MARSHALS SERVICE.
                                               ‘‘(3) ACTIVITIES.—Under the pilot program,                                                                      (3) Develop criteria to assess whether the
                                             the Department, and any component agency                   Section 151 of the Foreign Relations Au-             predominant meaning now given by the local
                                             thereof, may—                                            thorization Act, Fiscal Years 1990 and 1991            community to an existing name, symbol, dis-
                                               ‘‘(A) in any case in which the Department              (Public Law 101–246; 5 U.S.C. 5928 note) is            play, monument, or paraphernalia that com-
                                             seeks to make a Phase II SBIR or STTR                    amended—                                               memorates the Confederate States of Amer-
                                             award to a small business concern based on                 (1) by striking ‘‘or’’ after ‘‘Drug Enforce-         ica or any person who served voluntarily
                                             the results of a Phase I award made to the               ment Administration’’ and inserting ‘‘, the’’;         with the Confederate States of America has
                                             small business concern by another agency,                and                                                    changed since the name, symbol, monument,
                                             establish a streamlined transfer and fast                  (2) by inserting ‘‘, or the United States            display, or paraphernalia first became asso-
                                                                                                      Marshals Service’’ after ‘‘Federal Bureau of




dlhill on DSK120RN23PROD with SENATE
                                             track approval process for that Phase II                                                                        ciated with an asset of the Department of
                                             award;                                                   Investigation’’.                                       Defense.
                                               ‘‘(B) establish a phase during which addi-                                                                      (4) Nominate names, symbols, displays,
                                             tional funding may be provided during the                 SA 2352. Mr. HAWLEY (for himself,                     monuments, or paraphernalia to be poten-
                                             gap between a Phase I and Phase II award—                Mr. SCOTT of Florida, Mr. CRAMER, Mr.                  tially renamed or removed from assets of the
                                               ‘‘(i) which shall be limited to small busi-            WICKER, and Mrs. HYDE-SMITH) sub-                      Department of Defense based on the criteria
                                             ness concerns located in eligible States, as             mitted an amendment intended to be                     developed under paragraphs (2) and (3).




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                                             S4056                                             CONGRESSIONAL RECORD — SENATE                                                           June 30, 2020
                                               (5) Develop proposed procedures for renam-             holders pursuant to subsection (d)(6), includ-           (G) A recovery timeline to resolve issues
                                             ing or removing names, symbols, displays,                ing a detailed explanation of any decision by          identified under subparagraph (A).
                                             monuments, or paraphernalia that com-                    the Commission to overrule concerns raised               (c) LIMITATION.—None of the funds author-
                                             memorate the Confederate States of America               by State or local stakeholders when devel-             ized to be appropriated by this Act or any
                                             or any person who served voluntarily with                oping and issuing recommendations on the               other Act for the Department of Defense
                                             the Confederate States of America that the               criteria, nominations, and proposed proce-             may be obligated or expended in support of
                                             Commission nominates as suitable can-                    dures described in paragraphs (2) through (5)          the Air Force Arsenal Plane program, and
                                             didates for renaming or removal, as the case             of subsection (d).                                     the Department may not otherwise imple-
                                             may be, if such procedures do not already                  (h) FUNDING.—                                        ment any such activity, until the report re-
                                             exist within directives, issuances, or regula-             (1) AUTHORIZATION OF APPROPRIATIONS.—                quired under subsection (b)(1) is submitted.
                                             tions issued by the Department of Defense.               There is authorized to be appropriated
                                               (6) Ensure that input from State and local             $2,000,000 to carry out this section.                    SA 2354. Mr. DAINES submitted an
                                             stakeholders is substantially reflected in the             (2) OFFSET.—The amount authorized to be              amendment intended to be proposed by
                                             criteria developed under paragraphs (2) and              appropriated by this Act for fiscal year 2021          him to the bill S. 4049, to authorize ap-
                                             (3), nominations made under paragraph (4),               for Operation and Maintenance, Army, sub
                                                                                                      activity group 434, other personnel support is
                                                                                                                                                             propriations for fiscal year 2021 for
                                             and procedures developed under paragraph
                                             (5), including by—                                       hereby reduced by $2,000,000.                          military activities of the Department
                                               (A) conducting public hearings on such cri-              (i) ASSETS OF THE DEPARTMENT OF DEFENSE              of Defense, for military construction,
                                             teria, nominations, and procedures in the                DEFINED.—In this section, the term ‘‘assets            and for defense activities of the De-
                                             States that would be affected by any renam-              of the Department of Defense’’ includes any            partment of Energy, to prescribe mili-
                                             ing or removal; and                                      base, installation, street, building, facility,        tary personnel strengths for such fiscal
                                               (B) soliciting input on such criteria, nomi-           aircraft, ship, plane, weapon, equipment, or
                                                                                                      any other property owned or controlled by
                                                                                                                                                             year, and for other purposes; which was
                                             nations, and procedures from the State enti-                                                                    ordered to lie on the table; as follows:
                                             ties, local government entities, military                the Department of Defense.
                                             families, veterans service organizations,                                                                         At the appropriate place, insert the fol-
                                             military service organizations, community                  SA 2353. Mr. CRUZ submitted an                       lowing:
                                             organizations, and other non-government en-              amendment intended to be proposed to                   SEC. lll. PROPERTY OF THE DEPARTMENT OF
                                             tities that would be affected by any renam-              amendment SA 2301 proposed by Mr.                                DEFENSE AND THE DEPARTMENT OF
                                                                                                                                                                       VETERANS AFFAIRS.
                                             ing or removal.                                          INHOFE to the bill S. 4049, to authorize
                                               (e) PROCEDURES.—                                                                                                Section 1361 of title 18, United States Code,
                                                                                                      appropriations for fiscal year 2021 for
                                               (1) HEARINGS.—Not later than 14 days be-                                                                      is amended by adding at the end the fol-
                                                                                                      military activities of the Department                  lowing:
                                             fore a hearing to be conducted under sub-                of Defense, for military construction,
                                             section (d)(6)(A), the Commission shall pub-                                                                      ‘‘If such property is property of or which
                                             lish on a website of the Department of De-
                                                                                                      and for defense activities of the De-                  has been or is being manufactured or con-
                                             fense—                                                   partment of Energy, to prescribe mili-                 structed for the Department of Defense or
                                               (A) an announcement of such hearing; and               tary personnel strengths for such fiscal               the Department of Veterans Affairs, the
                                               (B) an agenda for the hearing and a list of            year, and for other purposes; which was                maximum fine under this section shall be
                                             materials relevant to the topics to be dis-              ordered to lie on the table; as follows:               twice the otherwise applicable maximum
                                             cussed at the hearing.                                       Amend section 144 to read as follows:              fine under section 3571.’’.
                                               (2) SOLICITATION OF INPUT.—Not later than              SEC. 144. MINIMUM AIR FORCE BOMBER AIR-
                                             60 days before soliciting input under sub-                          CRAFT LEVEL.                                  SA 2355. Mr. GARDNER submitted an
                                             section (d)(6)(B) with respect to a renaming               (a) MINIMUM.—The Secretary of Defense                amendment intended to be proposed to
                                             or removal, the Commission shall provide                 shall submit to the congressional defense              amendment SA 2301 proposed by Mr.
                                             notice to State entities, local government               committees recommendations for a min-                  INHOFE to the bill S. 4049, to authorize
                                             entities, military families, veterans service            imum number of bomber aircraft, including              appropriations for fiscal year 2021 for
                                             organizations, military service organiza-                penetrating bombers in addition to B–52H               military activities of the Department
                                             tions, community organizations, and other                aircraft, to enable the Air Force to carry out
                                             non-government entities that would be af-                its long-range penetrating strike capability.          of Defense, for military construction,
                                             fected by the renaming or removal to provide                (b) REPORTS ON B–1 FLEET SUSTAINMENT.—              and for defense activities of the De-
                                             those individuals and entities time to con-                 (1) INITIAL REPORT.—Not later than 30 days          partment of Energy, to prescribe mili-
                                             sider and comment on the criteria, nomina-               after the date of the enactment of this Act,           tary personnel strengths for such fiscal
                                             tions, and procedures being developed under              the Secretary of the Air Force shall submit            year, and for other purposes; which was
                                             subsection (d).                                          to the congressional defense committees a              ordered to lie on the table; as follows:
                                               (f) EXEMPTION FOR GRAVE MARKERS.—                      report on the current state of readiness and
                                                                                                                                                               At the end of subtitle B of title I, add the
                                               (1) IN GENERAL.—Any renaming or removal                continued sustainment of the B–1 fleet and
                                                                                                                                                             following:
                                             proposed under this section or conducted                 any gaps or necessary steps to ensure that
                                                                                                      the mission capable rate of the B–1 fleet is           SEC. 114. PROCUREMENT OF LITTER-ATTACHED
                                             pursuant to this section shall not apply to                                                                                 LOAD STABILITY SYSTEMS FOR UH–
                                             grave markers.                                           not less than 70 percent and the structural                        60 AIRCRAFT.
                                               (2) GRAVE MARKERS DEFINED.—For purposes                life of such fleet is sufficient to 2040. The re-
                                                                                                                                                               (a) INCREASE.—The amount authorized to
                                             of this subsection, the term ‘‘grave marker’’            port shall include a cost benefit analysis for
                                                                                                                                                             be appropriated by this Act for fiscal year
                                             has the meaning given that term by the                   bombers versus arsenal planes.
                                                                                                                                                             2021 for Aircraft Procurement, Army for
                                             Commission.                                                 (2) QUARTERLY BRIEFING.—If the mission
                                                                                                                                                             Utility Helicopters/UH–60 mods is increased
                                               (g) BRIEFINGS AND REPORTS.—                            capable rate and structural life levels speci-
                                                                                                                                                             by $11,091,000, with the amount of such in-
                                               (1) BRIEFING.—Not later than October 1,                fied in paragraph (1) have not been met, not
                                                                                                                                                             crease to be available for the procurement of
                                             2021, the Commission shall brief the Sec-                later than 60 days after the report is sub-
                                                                                                                                                             additional litter-attached load stability sys-
                                             retary of Defense and the Committees on                  mitted under such paragraph, and not less
                                                                                                                                                             tems to be deployed at the bottom of the hel-
                                             Armed Services of the Senate and the House               frequently than quarterly thereafter until
                                                                                                                                                             icopter hoist, on 39 aircraft.
                                             of Representatives detailing the progress of             such levels have been met, the Secretary of
                                                                                                                                                               (b) OFFSET.—The amount authorized to be
                                             the Commission in carrying out the require-              the Air Force shall brief the congressional            appropriated for fiscal year 2021 for Oper-
                                             ments of the Commission under subsection                 defense committees on, with respect to the             ation and Maintenance, Air Force for Other
                                             (d).                                                     B–1 fleet, the following:                              Combat Operations Support Programs is re-
                                               (2) BRIEFING AND REPORT.—Not later than                   (A) A description of any structural issues          duced by $11,091,000.
                                             October 1, 2022, the Commission shall brief              or technical deficiencies.
                                             and provide a written report to the Sec-                    (B) A plan for continued structural defi-             SA 2356. Mr. RUBIO submitted an
                                             retary of Defense and the Committees on                  ciency data analysis and training.
                                             Armed Services of the Senate and the House                  (C) A description of projected repair
                                                                                                                                                             amendment intended to be proposed to
                                             of Representatives detailing the results of              timelines to address issues identified under           amendment SA 2301 proposed by Mr.
                                             requirements of the Commission under sub-                subparagraph (A).                                      INHOFE to the bill S. 4049, to authorize
                                             section (d), including the following:                       (D) A description of future mitigation              appropriations for fiscal year 2021 for
                                               (A) A list of assets of the Department of              strategies, including an analysis of the sup-          military activities of the Department
                                             Defense to be renamed or removed.                        port requirement for each aircraft.                    of Defense, for military construction,




dlhill on DSK120RN23PROD with SENATE
                                               (B) The costs associated with the renaming                (E) An aircrew maintainer training plan,            and for defense activities of the De-
                                             or removal of such assets.                               including a plan to ensure that the training           partment of Energy, to prescribe mili-
                                               (C) A description of the criteria used to              pipeline remains steady for any degradation
                                             nominate such assets for renaming or re-                 period.
                                                                                                                                                             tary personnel strengths for such fiscal
                                             moval.                                                      (F) An identification of any deficiencies in        year, and for other purposes; which was
                                               (D) A description of the feedback received             equipment or funds required to address                 ordered to lie on the table; as follows:
                                             and incorporated from State and local stake-             issues identified under subparagraph (A).                At the end of title XII, add the following:




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                                             June 30, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                       S4057
                                                Subtitle H—Sanctions Relating to South                  (3) to support the principle of freedom of           action that materially contributes to, or
                                                    China Sea and East China Sea                      navigation and overflight and to continue to           poses a risk of materially contributing to, an
                                             SEC. 1291. SHORT TITLE.                                  use the sea and airspace wherever inter-               activity described in paragraph (1) or (2); and
                                               This subtitle may be cited as the ‘‘South              national law allows.                                      (4) any person that—
                                             China Sea and East China Sea Sanctions Act               SEC. 1294. SENSE OF CONGRESS WITH RESPECT                 (A) is owned or controlled by a person de-
                                             of 2020’’.                                                           TO THE SOUTH CHINA SEA AND THE             scribed in paragraph (1), (2), or (3);
                                                                                                                  EAST CHINA SEA.                               (B) is acting for or on behalf of such a per-
                                             SEC. 1292. DEFINITIONS.
                                               In this subtitle:                                        It is the sense of Congress that—                    son; or
                                               (1) ACCOUNT; CORRESPONDENT ACCOUNT; PAY-                 (1) the United States—                                  (C) provides, or attempts to provide—
                                             ABLE-THROUGH ACCOUNT.—The terms ‘‘ac-
                                                                                                        (A) opposes all claims in the maritime do-              (i) financial, material, technological, or
                                             count’’, ‘‘correspondent account’’, and ‘‘pay-           mains that impinge on the rights, freedoms,            other support to a person described in para-
                                             able-through account’’ have the meanings                 and lawful use of the seas that belong to all          graph (1), (2), or (3); or
                                             given those terms in section 5318A of title 31,          countries;                                                (ii) goods or services in support of an activ-
                                             United States Code.                                        (B) opposes unilateral actions by the gov-           ity described in paragraph (1), (2), or (3).
                                               (2) ALIEN.—The term ‘‘alien’’ has the                  ernment of any country seeking to change
                                                                                                                                                                (b) SANCTIONS DESCRIBED.—
                                             meaning given that term in section 101(a) of             the status quo in the South China Sea
                                                                                                                                                                (1) BLOCKING OF PROPERTY.—The President
                                             the Immigration and Nationality Act (8                   through the use of coercion, intimidation, or
                                                                                                                                                             shall block and prohibit, in accordance with
                                             U.S.C. 1101(a)).                                         military force;
                                                                                                                                                             the International Emergency Economic Pow-
                                               (3) APPROPRIATE CONGRESSIONAL COMMIT-                    (C) opposes actions by the government of
                                                                                                                                                             ers Act (50 U.S.C. 1701 et seq.), all trans-
                                             TEES.—The term ‘‘appropriate congressional
                                                                                                      any country to interfere in any way in the
                                                                                                                                                             actions in all property and interests in prop-
                                             committees’’ means—                                      free use of waters and airspace in the South
                                                                                                                                                             erty of any person subject to subsection (a)
                                               (A) the Committee on Foreign Relations,                China Sea or East China Sea;
                                                                                                                                                             if such property and interests in property are
                                             the Committee on Armed Services, the Com-                  (D) opposes actions by the government of
                                                                                                                                                             in the United States, come within the United
                                             mittee on Banking, Housing, and Urban Af-                any country to prevent any other country
                                                                                                                                                             States, or are or come within the possession
                                             fairs, and the Select Committee on Intel-                from exercising its sovereign rights to the
                                                                                                      resources of the exclusive economic zone and           or control of a United States person.
                                             ligence of the Senate; and                                                                                         (2) EXCLUSION FROM UNITED STATES.—The
                                               (B) the Committee on Foreign Affairs, the              continental shelf by making claims that
                                                                                                      have no support in international law; and              Secretary of State shall deny a visa to, and
                                             Committee on Armed Services, the Com-                                                                           the Secretary of Homeland Security shall ex-
                                             mittee on Financial Services, and the Per-                 (E) upholds the principle that territorial
                                                                                                      and maritime claims, including with respect            clude from the United States, any person
                                             manent Select Committee on Intelligence of                                                                      subject to subsection (a) that is an alien.
                                             the House of Representatives.                            to territorial waters or territorial seas, must
                                                                                                      be derived from land features and otherwise               (3) CURRENT VISA REVOKED.—The issuing
                                               (4) CHINESE PERSON.—The term ‘‘Chinese                                                                        consular officer, the Secretary of State, or
                                             person’’ means—                                          comport with international law;
                                                                                                        (2) the People’s Republic of China should            the Secretary of Homeland Security (or a
                                               (A) an individual who is a citizen or na-                                                                     designee of one of such Secretaries) shall re-
                                             tional of the People’s Republic of China; or             not continue to pursue illegitimate claims
                                                                                                      and to militarize an area that is essential to         voke any visa or other entry documentation
                                               (B) an entity organized under the laws of                                                                     issued to any person subject to subsection (a)
                                             the People’s Republic of China or otherwise              global security;
                                                                                                        (3) the United States should—                        that is an alien, regardless of when issued.
                                             subject to the jurisdiction of the Govern-                                                                      The revocation shall take effect immediately
                                             ment of the People’s Republic of China.                    (A) continue and expand freedom of naviga-
                                                                                                      tion operations and overflights;                       and shall automatically cancel any other
                                               (5) FINANCIAL INSTITUTION.—The term ‘‘fi-                                                                     valid visa or entry documentation that is in
                                             nancial institution’’ means a financial insti-             (B) reconsider the traditional policy of not
                                                                                                      taking a position on individual claims; and            the alien’s possession.
                                             tution specified in subparagraph (A), (B), (C),
                                                                                                        (C) respond to provocations by the People’s             (c) EXCEPTIONS; PENALTIES.—
                                             (D), (E), (F), (G), (H), (I), (J), (K), (M), (N),
                                                                                                      Republic of China with commensurate ac-                   (1) INAPPLICABILITY OF NATIONAL EMER-
                                             (P), (R), (T), (Y), or (Z) of section 5312(a)(2) of
                                                                                                      tions that impose costs on any attempts to             GENCY REQUIREMENT.—The requirements of
                                             title 31, United States Code.
                                                                                                      undermine security in the region;                      section 202 of the International Emergency
                                               (6) FOREIGN FINANCIAL INSTITUTION.—The
                                                                                                        (4) the Senkaku Islands are covered by Ar-           Economic Powers Act (50 U.S.C. 1701) shall
                                             term ‘‘foreign financial institution’’ has the
                                                                                                      ticle V of the Mutual Defense Assistance               not apply for purposes of subsection (b)(1).
                                             meaning given that term in section 1010.605
                                                                                                      Agreement, with Annexes, signed at Tokyo,                 (2) COMPLIANCE WITH UNITED NATIONS HEAD-
                                             of title 31, Code of Federal Regulations (or
                                                                                                      March 8, 1954 (5 UST 661), between the United          QUARTERS AGREEMENT.—Paragraphs (2) and
                                             any corresponding similar regulation or rul-
                                                                                                      States and Japan; and                                  (3) of subsection (b) shall not apply if admis-
                                             ing).
                                                                                                        (5) the United States should firmly oppose           sion of an alien to the United States is nec-
                                               (7) KNOWINGLY.—The term ‘‘knowingly’’,
                                             with respect to conduct, a circumstance, or a            any unilateral actions by the People’s Re-             essary to permit the United States to com-
                                             result, means that a person has actual                   public of China that seek to undermine Ja-             ply with the Agreement regarding the Head-
                                             knowledge, or should have known, of the                  pan’s control of the Senkaku Islands.                  quarters of the United Nations, signed at
                                             conduct, the circumstance, or the result.                SEC. 1295. SANCTIONS WITH RESPECT TO CHI-              Lake Success, June 26, 1947, and entered into
                                                                                                                  NESE PERSONS RESPONSIBLE FOR               force, November 21, 1947, between the United
                                               (8) PERSON.—The term ‘‘person’’ means any                          CHINA’S ACTIVITIES IN THE SOUTH
                                             individual or entity.                                                                                           Nations and the United States.
                                                                                                                  CHINA SEA AND THE EAST CHINA
                                               (9) UNITED STATES PERSON.—The term                                                                               (3) PENALTIES.—The penalties provided for
                                                                                                                  SEA.
                                             ‘‘United States person’’ means—                                                                                 in subsections (b) and (c) of section 206 of the
                                                                                                        (a) INITIAL IMPOSITION OF SANCTIONS.—On
                                               (A) a United States citizen or an alien law-                                                                  International Emergency Economic Powers
                                                                                                      and after the date that is 60 days after the
                                             fully admitted for permanent residence to                date of the enactment of this Act, the Presi-          Act (50 U.S.C. 1705) shall apply to a person
                                             the United States; or                                    dent shall impose the sanctions described in           that violates, attempts to violate, conspires
                                               (B) an entity organized under the laws of              subsection (b) with respect to—                        to violate, or causes a violation of regula-
                                             the United States or of any jurisdiction                   (1) any Chinese person that contributes to           tions prescribed under subsection (b)(1) to
                                             within the United States, including a foreign            construction or development projects, in-              the same extent that such penalties apply to
                                             branch of such an entity.                                cluding land reclamation, island-making,               a person that commits an unlawful act de-
                                             SEC. 1293. POLICY OF THE UNITED STATES WITH              lighthouse construction, building of base sta-         scribed in subsection (a) of such section 206.
                                                         RESPECT TO THE SOUTH CHINA SEA               tions for mobile communications services,                 (d) ADDITIONAL IMPOSITION OF SANCTIONS.—
                                                         AND THE EAST CHINA SEA.                      building of electricity and fuel supply facili-           (1) IN GENERAL.—The President shall pro-
                                               It is the policy of the United States—                 ties, or civil infrastructure projects, in areas       hibit the opening, and prohibit or impose
                                               (1) to support the principle that disputes             of the South China Sea contested by one or             strict conditions on the maintaining, in the
                                             between countries should be resolved peace-              more members of the Association of South-              United States of a correspondent account or
                                             fully consistent with international law;                 east Asian Nations;                                    a payable-through account by a foreign fi-
                                               (2) to reaffirm its unwavering commitment                (2) any Chinese person that is responsible           nancial institution that the President deter-
                                             and support for allies and partners in the               for or complicit in, or has engaged in, di-            mines knowingly, on or after the date that is
                                             Asia-Pacific region, including longstanding              rectly or indirectly, actions or policies that         60 days after the date of the enactment of
                                             United States policy—                                    threaten the peace, security, or stability of          this Act, conducts or facilitates a significant
                                               (A) regarding Article V of the Mutual De-              areas of the South China Sea contested by              financial transaction for a person subject to
                                             fense Treaty, signed at Washington, August               one or more members of the Association of              subsection (a) if the Director of National In-
                                             30, 1951 (3 UST 3947), between the United                Southeast Asian Nations or areas of the East           telligence determines that the Government




dlhill on DSK120RN23PROD with SENATE
                                             States and the Philippines; and                          China Sea administered by Japan or the Re-             of the People’s Republic of China has—
                                               (B) that Article V of the Mutual Defense               public of Korea, including through the use of             (A) declared an air defense identification
                                             Assistance Agreement, with Annexes, signed               vessels and aircraft to impose the sov-                zone over any part of the South China Sea;
                                             at Tokyo, March 8, 1954 (5 UST 661), between             ereignty of the People’s Republic of China in             (B) initiated reclamation work at another
                                             the United States and Japan, applies to the              those areas;                                           disputed location in the South China Sea,
                                             Senkaku Islands, which are administered by                 (3) any Chinese person that engages, or at-          such as at Scarborough Shoal;
                                             Japan; and                                               tempts to engage, in an activity or trans-                (C) seized control of Second Thomas Shoal;




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                                             S4058                                             CONGRESSIONAL RECORD — SENATE                                                           June 30, 2020
                                               (D) deployed surface-to-air missiles to any            the Secretary determines it is necessary for           mentation under chapter 121 of title 46,
                                             of the artificial islands the People’s Republic          the national security interests of the United          United States Code, may take any action
                                             of China has built in the Spratly Island                 States to do so.                                       that implies recognition of the sovereignty
                                             chain, including Fiery Cross, Mischief, or                 (3) PUBLIC AVAILABILITY.—The Secretary               of the People’s Republic of China over terri-
                                             Subi Reefs;                                              shall publish the unclassified part of the re-         tory or airspace contested by one or more
                                               (E) established territorial baselines around           port required by subsection (a) on a publicly          members of the Association of Southeast
                                             the Spratly Island chain;                                available website of the Department of                 Asian Nations in the South China Sea or the
                                               (F) increased harassment of Philippine ves-            State.                                                 territory or airspace of areas of the East
                                             sels; or                                                 SEC. 1297. PROHIBITION AGAINST DOCUMENTS               China Sea administered by Japan or the Re-
                                               (G) increased provocative actions against                          PORTRAYING THE SOUTH CHINA SEA             public of Korea.
                                             the Japanese Coast Guard or Maritime Self-                           OR THE EAST CHINA SEA AS PART                (c) UNITED STATES AIRCRAFT.—No aircraft
                                             Defense Force or United States forces in the                         OF CHINA.
                                                                                                                                                             operated by an air carrier that holds an air
                                             East China Sea.                                            The Government Publishing Office may                 carrier certificate issued under chapter 411 of
                                               (2) REPORT.—                                           not publish any map, document, record, elec-           title 49, United States Code, may take any
                                               (A) IN GENERAL.—The determination of the               tronic resource, or other paper of the United          action that implies recognition of the sov-
                                             Director of National Intelligence referred to            States (other than materials relating to               ereignty of the People’s Republic of China
                                             in paragraph (1) shall be submitted in a re-             hearings held by committees of Congress or             over territory or airspace contested by one
                                             port to the President and the appropriate                internal work product of a Federal agency)             or more members of the Association of
                                             congressional committees.                                portraying or otherwise indicating that it is          Southeast Asian Nations in the South China
                                               (B) FORM OF REPORT.—The report required                the position of the United States that the             Sea or the territory or airspace of areas of
                                             by subparagraph (A) shall be submitted in                territory or airspace in the South China Sea           the East China Sea administered by Japan or
                                             unclassified form, but may include a classi-             contested by one or more members of the As-            the Republic of Korea.
                                             fied annex.                                              sociation of Southeast Asian Nations or the
                                                                                                                                                             SEC. 1299B. PROHIBITION ON CERTAIN ASSIST-
                                             SEC. 1296. DETERMINATIONS AND REPORT ON                  territory or airspace of areas of the East                         ANCE TO COUNTRIES THAT RECOG-
                                                         CHINESE COMPANIES ACTIVE IN                  China Sea administered by Japan or the Re-                         NIZE CHINESE SOVEREIGNTY OVER
                                                         THE SOUTH CHINA SEA AND THE                  public of Korea is part of the territory or air-                   THE SOUTH CHINA SEA OR THE
                                                         EAST CHINA SEA.                              space of the People’s Republic of China.                           EAST CHINA SEA.
                                               (a) IN GENERAL.—The Secretary of State                 SEC. 1298. PROHIBITION ON FACILITATING CER-              (a) PROHIBITION.—Except as provided by
                                             shall submit to the appropriate congres-                             TAIN INVESTMENTS IN THE SOUTH              subsection (c) or (d), no amounts may be ob-
                                             sional committees a report that identifies                           CHINA SEA OR THE EAST CHINA SEA.
                                                                                                                                                             ligated or expended to provide foreign assist-
                                             each Chinese person the Secretary deter-                   (a) IN GENERAL.—No United States person              ance to the government of any country iden-
                                             mines is engaged in the activities described             may take any action to approve, facilitate,            tified in a report required by subsection (b).
                                             in section 1295(a).                                      finance, or guarantee any investment, pro-
                                               (b) CONSIDERATION.—In preparing the re-                                                                         (b) REPORT REQUIRED.—
                                                                                                      vide insurance, or underwriting in the South             (1) IN GENERAL.—Not later than 60 days
                                             port required under subsection (a), the Sec-             China Sea or the East China Sea that in-
                                             retary shall make specific findings with re-                                                                    after the date of the enactment of this Act,
                                                                                                      volves any person with respect to which                and every 180 days thereafter until the date
                                             spect to whether each of the following per-              sanctions are imposed under section 1295(a).
                                             sons is involved in the activities described in                                                                 that is 3 years after such date of enactment,
                                                                                                        (b) ENFORCEMENT.—The Secretary of the                the Secretary of State shall submit to the
                                             section 1295(a):                                         Treasury, in consultation with the Secretary
                                               (1) CCCC Tianjin Dredging Co., Ltd.                                                                           appropriate congressional committees a re-
                                                                                                      of State, is authorized to take such actions,          port identifying each country that the Sec-
                                               (2) CCCC Dredging (Group) Company, Ltd.                including the promulgation of such rules and
                                               (3) China Communications Construction                                                                         retary determines recognizes, after such date
                                                                                                      regulations, as may be necessary to carry              of enactment, the sovereignty of the People’s
                                             Company (CCCC), Ltd.                                     out the purposes of this section.
                                               (4) China Petroleum Corporation (Sinopec                                                                      Republic of China over territory or airspace
                                                                                                        (c) PENALTIES.—The penalties provided for
                                             Group).                                                                                                         contested by one or more members of the As-
                                                                                                      in subsections (b) and (c) of section 206 of the
                                               (5) China Mobile.                                                                                             sociation of Southeast Asian Nations in the
                                                                                                      International Emergency Economic Powers
                                               (6) China Telecom.                                                                                            South China Sea or the territory or airspace
                                                                                                      Act (50 U.S.C. 1705) shall apply to a person
                                               (7) China Southern Power Grid.                                                                                of areas of the East China Sea administered
                                                                                                      that violates, attempts to violate, conspires
                                               (8) CNFC Guangzhou Harbor Engineering                                                                         by Japan or the Republic of Korea.
                                                                                                      to violate, or causes a violation of regula-
                                             Company.                                                                                                          (2) FORM.—The report required by para-
                                                                                                      tions prescribed under this section to the
                                               (9) Zhanjiang South Project Construction                                                                      graph (1) shall be submitted in unclassified
                                                                                                      same extent that such penalties apply to a
                                             Bureau.                                                                                                         form, but may include a classified annex if
                                                                                                      person that commits an unlawful act de-
                                               (10) Hubei Jiangtian Construction Group.                                                                      the Secretary of State determines it is nec-
                                                                                                      scribed in subsection (a) of such section 206.
                                               (11) China Harbour Engineering Company                                                                        essary for the national security interests of
                                                                                                        (d) EXCEPTION.—Subsection (a) shall not
                                             (CHEC).                                                                                                         the United States to do so.
                                                                                                      apply with respect to humanitarian assist-
                                               (12) Guangdong Navigation Group (GNG)                                                                           (3) PUBLIC AVAILABILITY.—The Secretary of
                                                                                                      ance, disaster assistance, or emergency food
                                             Ocean Shipping.                                                                                                 State shall publish the unclassified part of
                                                                                                      assistance.
                                               (13) Shanghai Leading Energy Shipping.                                                                        the report required by paragraph (1) on a
                                                                                                      SEC. 1299. DEPARTMENT OF JUSTICE AFFIRMA-
                                               (14) China National Offshore Oil Corpora-                          TION OF NON-RECOGNITION OF AN-
                                                                                                                                                             publicly available website of the Department
                                             tion (CNOOC).                                                        NEXATION.                                  of State.
                                               (15) China Oilfield Services Limited                     In any matter before any United States                 (c) EXCEPTION.—This section shall not
                                             (COSL).                                                  court, upon request of the court or any party          apply with respect to Taiwan, humanitarian
                                               (16) China Precision Machinery Import/Ex-              to the matter, the Attorney General shall af-          assistance, disaster assistance, emergency
                                             port Corporation (CPMIEC).                               firm the United States policy of not recog-            food assistance, or the Peace Corps.
                                               (17) China Aerospace Science and Industry              nizing the de jure or de facto sovereignty of            (d) WAIVER.—The President may waive the
                                             Corporation (CASIC).                                     the People’s Republic of China over territory          application of subsection (a) with respect to
                                               (18) Aviation Industry Corporation of                  or airspace contested by one or more mem-              the government of a country if the President
                                             China (AVIC).                                            bers of the Association of Southeast Asian             determines that the waiver is in the national
                                               (19) Shenyang Aircraft Corporation.                    Nations in the South China Sea or the terri-           interests of the United States.
                                               (20) Shaanxi Aircraft Corporation.                     tory or airspace of areas of the East China
                                               (21) China Ocean Shipping (Group) Com-                 Sea administered by Japan or the Republic                SA 2357. Mr. RUBIO (for himself, Mr.
                                             pany (COSCO).                                            of Korea.                                              SCOTT of Florida, and Mr. MERKLEY)
                                               (22) China Southern Airlines.                          SEC. 1299A. NON-RECOGNITION OF CHINESE SOV-            submitted an amendment intended to
                                               (23) Zhan Chaoying.                                                EREIGNTY OVER THE SOUTH CHINA              be proposed to amendment SA 2301 pro-
                                               (24) Sany Group.                                                   SEA OR THE EAST CHINA SEA.
                                                                                                        (a) UNITED STATES ARMED FORCES.—The
                                                                                                                                                             posed by Mr. INHOFE to the bill S. 4049,
                                               (25) Chinese persons affiliated with any of
                                             the entities specified in paragraphs (1)                 Secretary of Defense may not take any ac-              to authorize appropriations for fiscal
                                             through (24).                                            tion, including any movement of aircraft or            year 2021 for military activities of the
                                               (c) SUBMISSION AND FORM.—                              vessels that implies recognition of the sov-           Department of Defense, for military
                                               (1) SUBMISSION.—The report required by                 ereignty of the People’s Republic of China             construction, and for defense activities
                                             subsection (a) shall be submitted not later              over territory or airspace contested by one            of the Department of Energy, to pre-




dlhill on DSK120RN23PROD with SENATE
                                             than 60 days after the date of the enactment             or more members of the Association of                  scribe military personnel strengths for
                                             of this Act and every 180 days thereafter                Southeast Asian Nations in the South China             such fiscal year, and for other pur-
                                             until the date that is 3 years after such date           Sea or the territory or airspace of areas of
                                             of enactment.                                            the East China Sea administered by Japan or
                                                                                                                                                             poses; which was ordered to lie on the
                                               (2) FORM.—The report required by sub-                  the Republic of Korea.                                 table; as follows:
                                             section (a) shall be submitted in unclassified             (b) UNITED STATES FLAGGED VESSELS.—No                  At the appropriate place, insert the fol-
                                             form, but may include a classified annex if              vessel that is issued a certificate of docu-           lowing:




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                                             June 30, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S4059
                                             SEC. llll. MORATORIUM ON OIL AND GAS                       (1) IN GENERAL.—Upon the completion by               grades in each Armed Force with the per-
                                                      LEASING IN CERTAIN AREAS OF                     the Defense Board on Diversity and Inclusion           centage of such populations among the gen-
                                                      GULF OF MEXICO.                                 in the Military of its report on actionable            eral population.
                                               Section 104(a) of the Gulf of Mexico Energy            recommendations to increase racial diver-                (D) A comparison of the participation rates
                                             Security Act of 2006 (43 U.S.C. 1331 note; Pub-          sity and ensure equal opportunity across all           of minority populations in each career field
                                             lic Law 109–432) is amended, in the matter               grades of the Armed Forces, the Secretary of           in each Armed Force with the percentage of
                                             preceding paragraph (1), by striking ‘‘June              Defense shall submit to the Committee on               such populations among the general popu-
                                             30, 2022’’ and inserting ‘‘June 30, 2032’’.              Armed Services of the Senate and the House             lation.
                                                                                                      of Representatives a report on the report of             (E) A comparison among the Armed Forces
                                               SA 2358. Mr. RUBIO submitted an                        the Defense Board, including the findings              of the percentage of minority populations in
                                             amendment intended to be proposed to                     and recommendations of the Defense Board.              each officer grade above grade O–4.
                                             amendment SA 2301 proposed by Mr.                          (2) ELEMENTS.—The report required by                   (F) A comparison among the Armed Forces
                                             INHOFE to the bill S. 4049, to authorize                 paragraph (1) shall include the following:             of the percentage of minority populations in
                                             appropriations for fiscal year 2021 for                    (A) A comprehensive description of the               each enlisted grade above grade E–6.
                                             military activities of the Department                    findings and recommendations of the De-                  (G) A description and assessment of bar-
                                             of Defense, for military construction,                   fense Board in its report referred to in para-         riers to minority participation in the Armed
                                             and for defense activities of the De-                    graph (1).                                             Forces in connection with accession, assess-
                                                                                                        (B) A comprehensive description of any ac-           ment, and training.
                                             partment of Energy, to prescribe mili-                                                                            (d) SENSE OF SENATE ON DEFENSE ADVISORY
                                                                                                      tionable recommendations of the Defense
                                             tary personnel strengths for such fiscal                 Board in its report.                                   COMMITTEE ON DIVERSITY AND INCLUSION IN
                                             year, and for other purposes; which was                    (C) A description of the actions proposed to         THE ARMED FORCES.—It is the sense of the
                                             ordered to lie on the table; as follows:                 be undertaken by the Secretary in connec-              Senate that the Defense Advisory Committee
                                               At the end of subtitle G of title XII, add             tion with such recommendations, and a                  on Diversity and Inclusion in the Armed
                                             the following:                                           timeline for implementation of such actions.           Forces—
                                             SEC. ll. REPORT ON THE ACTIVITIES OF THE                   (D) A description of the resources used by             (1) should consist of diverse group of indi-
                                                        PEOPLE’S REPUBLIC OF CHINA IN                 the Defense Board for its report, and a de-            viduals, including—
                                                        THE WESTERN HEMISPHERE.                       scription and assessment of any shortfalls in            (A) a general or flag officer from each reg-
                                               (a) IN GENERAL.—The Director of National               such resources for purposes of the Defense             ular component of the Armed Forces;
                                             Intelligence shall submit to the appropriate             Board.                                                   (B) a retired general or flag officer from
                                             committees of Congress a report on the eco-                (b) REPORT ON DEFENSE ADVISORY COM-                  not fewer than two of the Armed Forces;
                                             nomic, trade, environmental, military, secu-             MITTEE ON DIVERSITY AND INCLUSION IN THE                 (C) a regular officer of the Armed Forces in
                                             rity, and political activities of the People’s           ARMED FORCES.—                                         a grade O–5 or lower;
                                             Republic of China in the Western Hemi-                     (1) IN GENERAL.—At the same time the Sec-              (D) a regular enlisted member of the
                                             sphere, including direct investment, develop-            retary of Defense submits the report re-               Armed Forces in a grade E–7 or higher;
                                             ment financing, loan deals, and state-owned              quired by subsection (a), the Secretary shall            (E) a regular enlisted member of the
                                             enterprises in infrastructure and tele-                  also submit to the Committee on Armed                  Armed Forces in a grade E–6 or lower;
                                             communications projects.                                 Services of the Senate and the House of Rep-             (F) a member of a reserve component of
                                               (b) ELEMENT.—The report required by sub-               resentatives a report on the Defense Advi-             the Armed Forces in any grade;
                                             section (a) shall include, but is not limited            sory Committee on Diversity and Inclusion                (G) a member of the Department of Defense
                                             to, an assessment of the activities of the               in the Armed Forces.                                   civilian workforce;
                                             People’s Republic of China with respect to                 (2) ELEMENTS.—The report required by                   (H) an member of the academic community
                                             the following projects:                                  paragraph (1) shall include the following:             with expertise in diversity studies; and
                                               (1) The Port of Panama, Posorja Deepwater                (A) The mission statement or purpose of                (I) an individual with appropriate expertise
                                             Port in Ecuador.                                         the Advisory Committee, and any proposed               in diversity and inclusion;
                                               (2) The Port of Paranagual in Brazil.                  objectives and goals of the Advisory Com-                (2) should include individuals from a vari-
                                               (3) The China Harbor in the Bahamas.                   mittee                                                 ety of military career paths, including—
                                               (4) The telecom infrastructure carried out               (B) A description of current members of                (A) aviation;
                                             by Chinese companies, including Huawei and               the Advisory Committee and the criteria                  (B) special operations;
                                             ZTE, in Colombia and Canada.                             used for selecting members.                              (C) intelligence;
                                               (5) The construction of the building for the             (C) A description of the duties and scope of           (D) cyber;
                                             Ministry of Foreign Affairs and Foreign                  activities of the Advisory Committee.                    (E) space; and
                                             Trade in Kingston, Jamaica.                                (D) The reporting structure of the Advi-               (F) surface warfare;
                                               (6) The building of the Coca Codo Sinclair             sory Committee.                                          (3) should have a membership such that
                                             Dam in Ecuador.                                            (E) An estimate of the annual operating              not fewer than 20 percent of members pos-
                                               (7) The space-observation station in Argen-            costs and staff years of the Advisory Com-             sess—
                                             tina.                                                    mittee.                                                  (A) a firm understanding of the role of
                                               (c) APPROPRIATE COMMITTEES OF CON-                       (F) An estimate of the number and fre-               mentorship and best practices in finding and
                                             GRESS.—In this section, the term ‘‘appro-                quency of meetings of the Advisory Com-                utilizing mentors;
                                             priate committees of Congress’’ means—                   mittee.                                                  (B) experience and expertise in change of
                                               (1) the Committee on Armed Services, the                 (G) Any subcommittees, established or pro-           culture of large organizations; or
                                             Committee on Foreign Relations, and the Se-              posed, that would support the Advisory Com-              (C) experience and expertise in implemen-
                                             lect Committee on Intelligence of the Sen-               mittee.                                                tation science; and
                                             ate; and                                                   (H) Such recommendations for legislative               (4) should focus on objectives that ad-
                                               (2) the Committee on Armed Services, the               or administrative action as the Secretary              dress—
                                             Committee on Foreign Affairs, and the Per-               considers appropriate to extend the term of              (A) barriers to promotion within the
                                             manent Select Committee on Intelligence of               the Advisory Committee beyond the pro-                 Armed Forces, including development of rec-
                                             the House of Representatives.                            posed termination date of the Advisory Com-            ommendations on mechanisms to enhance
                                                                                                      mittee.                                                and increase racial diversity and ensure
                                               SA 2359. Mr. SULLIVAN submitted                          (c) REPORT ON CURRENT DIVERSITY AND IN-              equal opportunity across all grades in the
                                             an amendment intended to be proposed                     CLUSION IN THE ARMED FORCES.—                          Armed Forces;
                                             to amendment SA 2301 proposed by Mr.                       (1) IN GENERAL.—At the same time the Sec-              (B) participation of minority officers and
                                             INHOFE to the bill S. 4049, to authorize                 retary of Defense submits the reports re-              senior noncommissioned officers in the
                                             appropriations for fiscal year 2021 for                  quired by subsections (a) and (b), the Sec-            Armed Forces, including development of rec-
                                             military activities of the Department                    retary shall also submit to the Committee              ommendations on mechanisms to enhance
                                             of Defense, for military construction,                   on Armed Services of the Senate and the                and increase such participation;
                                                                                                      House of Representatives a report on current             (C) recruitment of minority candidates for
                                             and for defense activities of the De-                    diversity and inclusion in the Armed Forces.           innovative pre-service programs in the Jun-
                                             partment of Energy, to prescribe mili-                     (2) ELEMENTS.—The report required by                 ior    Reserve   Officers’    Training   Corps
                                             tary personnel strengths for such fiscal                 paragraph (1) shall include the following:             (JROTC), Senior Reserve Officers’ Training
                                             year, and for other purposes; which was                    (A) An identification of the current racial          Corps (SROTC), and military service acad-
                                             ordered to lie on the table; as follows:                 and ethnic composition of each Armed Force             emies, including programs in connection




dlhill on DSK120RN23PROD with SENATE
                                               At the end of subtitle C of title V, insert            generally.                                             with flight instruction, special operations,
                                             the following:                                             (B) An identification of the current racial          and national security, including develop-
                                             SEC. 520. REPORTS ON DIVERSITY AND INCLU-                and ethnic composition of each Armed Force             ment of recommendations on mechanisms to
                                                         SION IN THE ARMED FORCES.                    by grade.                                              enhance and increase such recruitment;
                                               (a) REPORT ON FINDINGS OF DEFENSE BOARD                  (C) A comparison of the participation rates            (D) retention of minority individuals in
                                             ON DIVERSITY AND INCLUSION IN THE MILI-                  of minority populations in officer grades,             senior leadership and mentorship positions
                                             TARY.—                                                   warrant officer grades, and enlisted member            in the Armed Forces, including development




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                                             S4060                                             CONGRESSIONAL RECORD — SENATE                                                            June 30, 2020
                                             of recommendations on mechanisms to en-                  eration, shall be considered to be a signifi-            (2) EFFECTIVE DATE.—The amendment
                                             hance and increase such retention; and                   cant transaction described in that section.            made by paragraph (1) shall apply with re-
                                               (E) achievement of cultural and ethnic di-               (d) IMPOSITION OF SANCTIONS.—Not later               spect to activities carried out on or after the
                                             versity in recruitment for the Armed Forces,             than 30 days after the date of the enactment           date of the enactment of this Act.
                                             including development of recommendations                 of this Act, the President shall, in accord-             (b) DISCLOSURES OF FOREIGN GIFTS.—
                                             on mechanisms to enhance and increase such               ance with section 231 of the Countering                  (1) IN GENERAL.—Section 117 of the Higher
                                             diversity in recruitment.                                America’s Adversaries Through Sanctions                Education Act of 1965 (20 U.S.C. 1011f) is
                                                                                                      Act (22 U.S.C. 9525), impose the sanctions de-         amended—
                                               SA 2360. Mr. MURPHY submitted an                       scribed in paragraphs (8) and (9) of section             (A) in subsection (a), by striking ‘‘the
                                             amendment intended to be proposed by                     235(a) of that Act (22 U.S.C. 9529(a)) and 3 or        value of which is $250,000 or more, considered
                                             him to the bill S. 4049, to authorize ap-                more additional sanctions described in that            alone or in combination with all other gifts
                                                                                                      section with respect to Khalifa Haftar and             from or contracts with’’ and inserting ‘‘the
                                             propriations for fiscal year 2021 for
                                                                                                      his immediate family members.                          value of which is $50,000 or more for such gift
                                             military activities of the Department                                                                           from or contract with’’;
                                             of Defense, for military construction,                     SA 2361. Mr. MANCHIN (for himself                      (B) in subsection (b)—
                                             and for defense activities of the De-                    and Ms. MURKOWSKI) submitted an                          (i) in paragraph (1), in the first sentence,
                                             partment of Energy, to prescribe mili-                   amendment intended to be proposed to                   by inserting before the period at the end the
                                             tary personnel strengths for such fiscal                 amendment SA 2301 proposed by Mr.                      following: ‘‘, and the content of each such
                                             year, and for other purposes; which was                  INHOFE to the bill S. 4049, to authorize               contract’’; and
                                             ordered to lie on the table; as follows:                                                                          (ii) in paragraph (2), by inserting before the
                                                                                                      appropriations for fiscal year 2021 for
                                                                                                                                                             period the following: ‘‘, and the content of
                                               At the end of subtitle G of title XII, add             military activities of the Department                  each such contract’’;
                                             the following:                                           of Defense, for military construction,                   (C) in subsection (e), by inserting ‘‘, includ-
                                             SEC. 1287. IMPOSITION OF SANCTIONS WITH RE-              and for defense activities of the De-                  ing the contents of any contracts,’’ after ‘‘re-
                                                          SPECT TO MILITARY COOPERATION
                                                          BETWEEN KHALIFA HAFTAR AND
                                                                                                      partment of Energy, to prescribe mili-                 ports’’; and
                                                          PMC WAGNER IN LIBYA.                        tary personnel strengths for such fiscal                 (D) in subsection (h)(3), by inserting before
                                               (a) FINDINGS.—Congress makes the fol-                  year, and for other purposes; which was                the semicolon at the end the following: ‘‘, or
                                             lowing findings:                                         ordered to lie on the table; as follows:               the fair market value of an in-kind gift’’.
                                                (1) On September 20, 2018, the Department                                                                      (2) EFFECTIVE DATE.—The amendments
                                                                                                          Strike subtitle B of title XXXI.
                                             of State added PMC Wagner to the list,                                                                          made by paragraph (1) shall apply with re-
                                             maintained pursuant to section 231 of the                  SA 2362. Mr. RUBIO submitted an                      spect to gifts received or contracts entered
                                             Countering America’s Adversaries Through                                                                        into, or other activities carried out, on or
                                                                                                      amendment intended to be proposed to                   after the date of enactment of this Act.
                                             Sanctions Act (22 U.S.C. 9525), of persons               amendment SA 2301 proposed by Mr.
                                             that are part of, or operate for or on behalf
                                                                                                      INHOFE to the bill S. 4049, to authorize                 SA 2364. Mr. RUBIO (for himself, Mr.
                                             of, the defense or intelligence sectors of the
                                             Government of the Russian Federation.                    appropriations for fiscal year 2021 for                SCHUMER, Mrs. MURRAY, Mr. CASSIDY,
                                                (2) The Commander of United States Africa             military activities of the Department                  Mr. COTTON, Mr. CARDIN, Ms. HIRONO,
                                             Command, Stephen Townsend, testified to                  of Defense, for military construction,                 and Mr. WARNER) submitted an amend-
                                             the Committee on Armed Services of the                   and for defense activities of the De-                  ment intended to be proposed to
                                             Senate on January 20, 2020, that Russian                 partment of Energy, to prescribe mili-                 amendment SA 2301 proposed by Mr.
                                             ‘‘private military companies (PMCs), such as             tary personnel strengths for such fiscal               INHOFE to the bill S. 4049, to authorize
                                             the Wagner Group with strong links to the                year, and for other purposes; which was
                                             Kremlin, are leading the fight for the self-                                                                    appropriations for fiscal year 2021 for
                                                                                                      ordered to lie on the table; as follows:               military activities of the Department
                                             styled ‘Libyan National Army’ against the
                                             UN-backed and U.S.-recognized Government                   At the appropriate place, insert the fol-            of Defense, for military construction,
                                             of National Accord’’.                                    lowing:                                                and for defense activities of the De-
                                                                                                      SEC. lll. INCREASE IN AUTHORIZATION FOR
                                                (3) On May 26, 2020, United States Africa
                                                                                                                MILITARY CONSTRUCTION FOR CER-
                                                                                                                                                             partment of Energy, to prescribe mili-
                                             Command stated that the Government of the                                                                       tary personnel strengths for such fiscal
                                                                                                                TAIN CHILDCARE FACILITIES.
                                             Russian Federation had deployed military                                                                        year, and for other purposes; which was
                                                                                                        The amount authorized to be appropriated
                                             fighter aircraft to Libya in order to support
                                                                                                      by this Act for fiscal year 2021 for military          ordered to lie on the table; as follows:
                                             private military contractors sponsored by
                                                                                                      construction for the Army is increased by                At the appropriate place, insert the fol-
                                             that Government and operating on the
                                                                                                      $6,000,000, with the amount of such increase           lowing:
                                             ground in support of the Libyan National
                                                                                                      to be used to construct childcare facilities           SEC. llll. AIR AMERICA.
                                             Army, and assessed that the military actions
                                                                                                      for the 7th Special Forces Group based in
                                             of the Russian Federation have prolonged                                                                          (a) FINDINGS.—Congress        finds the fol-
                                                                                                      Crestview, Florida.
                                             the conflict in Libya and exacerbated casual-                                                                   lowing:
                                             ties and human suffering on both sides.                                                                           (1) Air America, Incorporated (referred to
                                                                                                        SA 2363. Mr. RUBIO submitted an
                                                (4) Commander Stephen Townsend stated                                                                        in this section as ‘‘Air America’’) and its re-
                                             on May 26, 2020, ‘‘For too long, Russia has de-
                                                                                                      amendment intended to be proposed to                   lated cover corporate entities were wholly
                                             nied the full extent of its involvement in the           amendment SA 2301 proposed by Mr.                      owned and controlled by the United States
                                             ongoing Libya conflict. Well, there is no de-            INHOFE to the bill S. 4049, to authorize               Government and directed and managed by
                                             nying it now. . . Neither the [Libyan Na-                appropriations for fiscal year 2021 for                the Department of Defense, the Department
                                             tional Army] nor private military companies              military activities of the Department                  of State, and the Central Intelligence Agen-
                                             can arm, operate and sustain these fighters              of Defense, for military construction,                 cy from 1950 to 1976.
                                             without state support—support they are get-              and for defense activities of the De-                    (2) Air America, a corporation owned by
                                             ting from Russia. If Russia seizes basing on                                                                    the Government of the United States, con-
                                                                                                      partment of Energy, to prescribe mili-
                                             Libya’s coast, the next logical step is they                                                                    stituted a ‘‘Government corporation’’, as de-
                                             deploy permanent long-range anti-access
                                                                                                      tary personnel strengths for such fiscal               fined in section 103 of title 5, United States
                                             area denial (A2D2) capabilities. If that day             year, and for other purposes; which was                Code.
                                             comes, it will create very real security con-            ordered to lie on the table; as follows:                 (3) It is established that the employees of
                                             cerns on Europe’s southern flank.’’.                       At the appropriate place, insert the fol-            Air America and the other entities described
                                                (b) SENSE OF CONGRESS.—It is the sense of             lowing:                                                in paragraph (1) were Federal employees.
                                             Congress that continued violations of the                SEC.   lll.   FOREIGN   INFLUENCE   TRANS-               (4) The employees of Air America were
                                             United Nations arms embargo on Libya by                              PARENCY.                                   retroactively excluded from the definition of
                                             actors including the Russian Federation, the               (a) LIMITING EXEMPTION FROM FOREIGN                  the term ‘‘employee’’ under section 2105 of
                                             United Arab Emirates, Egypt, and Turkey                  AGENT REGISTRATION REQUIREMENT FOR PER-                title 5, United States Code, on the basis of an
                                             are detrimental to peace and stability in                SONS ENGAGING IN ACTIVITIES IN FURTHER-                administrative policy change in paperwork
                                             Libya.                                                   ANCE OF CERTAIN PURSUITS TO ACTIVITIES NOT             requirements implemented by the Office of
                                                (c) TREATMENT OF MILITARY COOPERATION                 PROMOTING POLITICAL AGENDA OF FOREIGN                  Personnel Management 10 years after the
                                             AS SANCTIONABLE TRANSACTION.—For the                     GOVERNMENTS.—                                          service of the employees had ended and, by




dlhill on DSK120RN23PROD with SENATE
                                             purposes of section 231 of the Countering                  (1) LIMITATION ON EXEMPTION.—Section 3(e)            extension, were retroactively excluded from
                                             America’s Adversaries Through Sanctions                  of the Foreign Agents Registration Act of              the definition of the term ‘‘employee’’ under
                                             Act (22 U.S.C. 9525), the military cooperation           1938 (22 U.S.C. 613(e)) is amended by striking         section 8331 of title 5, United States Code, for
                                             between Libyan National Army leader                      the semicolon at the end and inserting the             retirement credit purposes.
                                             Khalifa Haftar and PMC Wagner, with direct               following: ‘‘, but only if the activities do not         (5) The employees of Air America were
                                             support from military fighter aircraft pro-              promote the political agenda of a govern-              paid as Federal employees, with salaries sub-
                                             vided by the Government of the Russian Fed-              ment of a foreign country;’’.                          ject to—




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                                             June 30, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                      S4061
                                                (A) the General Schedule under subchapter             SEC. 1287. MODIFICATION OF RULES OF ORIGIN              partner countries in Latin America and the
                                             III of chapter 53 of title 5, United States                          RELATING TO GOVERNMENT PRO-                 Caribbean.
                                                                                                                  CUREMENT FOR PHARMACEUTICAL                   (7) The provision of assistance to such
                                             Code; and
                                                                                                                  PRODUCTS.
                                                (B) the rates of basic pay payable to mem-                                                                    partner countries for regional defense and se-
                                                                                                        (a) TRADE AGREEMENTS.—Section 308(4)(B)               curity organizations and institutions and na-
                                             bers of the Armed Forces.
                                                                                                      of the Trade Agreements Act of 1979 (19
                                                (6) The service and sacrifice of the employ-                                                                  tional military or other security forces
                                                                                                      U.S.C. 2518(4)(B)) is amended—
                                             ees of Air America included—                                                                                     (other than civilian law enforcement) that
                                                                                                        (1) in clause (i), by striking ‘‘instrumen-
                                                (A) suffering a high rate of casualties in                                                                    carry out national or regional security mis-
                                                                                                      tality, or’’ and inserting ‘‘instrumentality,’’;
                                             the course of employment;                                                                                        sions.
                                                                                                        (2) in clause (ii)—
                                                (B) saving thousands of lives in search and                                                                     (8) The provision of training and education
                                                                                                        (A) by inserting ‘‘, other than an active
                                             rescue missions for downed United States                                                                         to defense and security ministries, agencies,
                                                                                                      pharmaceutical ingredient,’’ after ‘‘part of
                                             airmen and allied refugee evacuations; and                                                                       and headquarters-level organizations for or-
                                                                                                      materials’’; and
                                                (C) lengthy periods of service in chal-                                                                       ganizations and forces described in para-
                                                                                                        (B) by striking the period at the end and
                                             lenging circumstances abroad.                                                                                    graph (7).
                                                                                                      inserting ‘‘, or’’; and
                                                (b) DEFINITIONS.—In this section—                                                                               (9) Activities to counter misinformation
                                                                                                        (3) by inserting before the period at the end
                                                (1) the term ‘‘affiliated company’’, with re-                                                                 and disinformation campaigns and highlight
                                                                                                      the following: ‘‘(iii) in the case of an article
                                             spect to Air America, includes Air Asia Com-                                                                     corrupt, predatory and illegal practices.
                                                                                                      which consists of an active pharmaceutical
                                             pany Limited, CAT Incorporated, Civil Air                                                                          (10) The provision of Department of De-
                                                                                                      ingredient, the pharmaceutical ingredient is
                                             Transport Company Limited, and the Pacific                                                                       fense humanitarian assistance and disaster
                                                                                                      wholly the growth, product, or manufacture
                                             Division of Southern Air Transport; and                                                                          relief to support partner countries by pro-
                                                                                                      of that country or instrumentality’’.
                                                (2) the term ‘‘qualifying service’’ means                                                                     moting the development and growth of re-
                                                                                                        (b) FEDERAL ACQUISITION REGULATION.—Not
                                             service that—                                            later than 180 days after the date of the en-           sponsive institutions through activities such
                                                (A) was performed by a United States cit-             actment of this Act, the President shall pre-           as—
                                             izen as an employee of Air America or an af-             scribe regulations to update sections 52.225–5            (A) the provision of equipment, training,
                                             filiated company during the period beginning             and 25.003 of title 48, Code of Federal Regula-         logistical support;
                                             on January 1, 1950 and ending on December                tions (or successor regulations) to be con-               (B) transportation of humanitarian sup-
                                             31, 1976; and                                            sistent with rules of origin determinations             plies or foreign security forces or personnel;
                                                (B) is documented in the attorney-certified           for active pharmaceutical ingredients made                (C) making available, preparing, and trans-
                                             corporate records of Air America or any af-              under section 308(4)(B) of the Trade Agree-             ferring    on-hand   nonlethal    Department
                                             filiated company.                                        ments Act of 1979 (19 U.S.C. 2518(4)(B)), as            stocks for humanitarian or health purposes
                                                (c) TREATMENT AS FEDERAL EMPLOYMENT.—                 amended by subsection (a).                              to respond to unforeseen emergencies;
                                             Any period of qualifying service—                                                                                  (D) the provision of Department humani-
                                                (1) is deemed to have been service of an                SA 2366. Mr. RUBIO submitted an                       tarian demining assistance and conducting
                                             employee (as defined in section 2105 of title            amendment intended to be proposed to                    physical security and stockpile-management
                                             5, United States Code) with the Federal Gov-             amendment SA 2301 proposed by Mr.                       activities; and
                                             ernment; and                                                                                                       (E) as appropriate, conducting medical
                                                                                                      INHOFE to the bill S. 4049, to authorize                support operations or medical humanitarian
                                                (2) shall be treated as creditable service by         appropriations for fiscal year 2021 for
                                             an employee for purposes of subchapter III of                                                                    missions, such as hospital ship deployments
                                             chapter 83 of title 5, United States Code.
                                                                                                      military activities of the Department                   and base-operating services, to the extent re-
                                                (d) RIGHTS.—An individual who performed               of Defense, for military construction,                  quired by the operation.
                                             qualifying service, or a survivor of such an             and for defense activities of the De-                     (11) Continued support for the women,
                                             individual, shall be entitled to the rights,             partment of Energy, to prescribe mili-                  peace, and security efforts of the Depart-
                                             retroactive as applicable, provided to em-               tary personnel strengths for such fiscal                ment of State to support the capacity of
                                             ployees and their survivors for creditable               year, and for other purposes; which was                 partner countries in the Western Hemi-
                                             service under the Civil Service Retirement               ordered to lie on the table; as follows:                sphere—
                                             System under subchapter III of chapter 83 of                                                                       (A) to ensure that women and girls are safe
                                                                                                        At the end of section G of title XII, add the
                                             title 5, United States Code, with respect to                                                                     and secure and the rights of women and girls
                                                                                                      following:
                                             that qualifying service.                                                                                         are protected; and
                                                                                                      SEC.   ll.      WESTERN HEMISPHERE          SECURITY
                                                (e) DEDUCTION, CONTRIBUTION, AND DEPOSIT                                                                        (B) to promote the meaningful participa-
                                                                                                                      STRATEGY.
                                             REQUIREMENTS.—The deposit of funds in the                                                                        tion of women in the defense and security
                                                                                                        (a) IN GENERAL.—Not later than 180 days
                                             Treasury of the United States made by Air                                                                        sectors.
                                                                                                      after the date of the enactment of this Act,
                                             America in the form of a lump-sum payment                                                                          (12) The provision of support to increase
                                                                                                      the Secretary of Defense and the Secretary
                                             apportioned in part to the Civil Service Dis-            of State shall jointly submit to appropriate            the capacity and effectiveness of Department
                                             ability & Retirement Fund in 1976 is deemed              committees of Congress a strategy for en-               educational programs and institutions, such
                                             to satisfy the deduction, contribution, and              hancing security cooperation and security               as the William J. Perry Center, and inter-
                                             deposit requirements under section 8334 of               assistance, and advancing United States                 national institutions, such as the Inter-
                                             title 5, United States Code, with respect to             strategic interests, in the Western Hemi-               American Defense Board and the Inter-Amer-
                                             all periods of qualifying service.                       sphere.                                                 ican Defense College, that promote United
                                                (f) APPLICATION TIME LIMIT.—Section                     (b) ELEMENTS.—The strategy required by                States defense objectives through bilateral
                                             8345(i)(2) of title 5, United States Code, shall         subsection (a) shall include the following:             and regional relationships.
                                             be applied with respect to the death of an in-             (1) Activities to expand bilateral and mul-             (13) Professional military education initia-
                                             dividual who performed qualifying service by             tilateral security cooperation in Latin                 tives, including International Military and
                                             substituting ‘‘2 years after the effective date          America and the Caribbean so as to maintain             Education Training (IMET) assistance.
                                             under section 1085(g) of the National Defense            consistent United States presence in the re-              (14) The allocation of Navy maritime ves-
                                             Authorization Act for Fiscal Year 2021’’ for             gion.                                                   sels to the United States 4th Fleet, including
                                             ‘‘30 years after the death or other event                  (2) Activities to build the defense and secu-         the use of ships scheduled to be decommis-
                                             which gives rise to title to the benefit’’.              rity capacity (other than civilian law en-              sioned.
                                                (g) EFFECTIVE DATE.—This section shall                forcement) of partner countries in Latin                  (15) A detailed assessment of the resources
                                             take effect on the date that is 30 days after            America and the Caribbean.                              required to carry out such strategy and a
                                             the date of enactment of this Act.                         (3) Activities to counter malign influence            plan to be executed in fiscal year 2022.
                                                                                                      of state actors and transnational criminal                (c) APPROPRIATE COMMITTEES OF CON-
                                                                                                                                                              GRESS.—In this section, the term ‘‘appro-
                                               SA 2365. Mr. RUBIO submitted an                        organizations with connections to illicit
                                                                                                                                                              priate committees of Congress’’ means—
                                             amendment intended to be proposed to                     trafficking, terrorism, or weapons prolifera-
                                                                                                                                                                (1) the Committee on Armed Services and
                                                                                                      tion.
                                             amendment SA 2301 proposed by Mr.                          (4) Efforts to disrupt, degrade, and counter
                                                                                                                                                              the Committee on Foreign Relations of the
                                             INHOFE to the bill S. 4049, to authorize                                                                         Senate; and
                                                                                                      transregional and transnational illicit traf-
                                             appropriations for fiscal year 2021 for                                                                            (2) the Committee on Armed Services and
                                                                                                      ficking, with an emphasis on illicit narcotics
                                             military activities of the Department                                                                            the Committee on Foreign Affairs of the
                                                                                                      and precursor chemicals that produce illicit
                                                                                                                                                              House of Representatives.
                                             of Defense, for military construction,                   narcotics.
                                             and for defense activities of the De-                      (5) Activities to provide transparency and              SA 2367. Ms. ERNST submitted an




dlhill on DSK120RN23PROD with SENATE
                                             partment of Energy, to prescribe mili-                   support for strong and accountable defense
                                                                                                                                                              amendment intended to be proposed to
                                             tary personnel strengths for such fiscal                 institutions in the region through institu-
                                                                                                      tional capacity-building efforts, including ef-         amendment SA 2301 proposed by Mr.
                                             year, and for other purposes; which was                  forts to ensure compliance with internation-            INHOFE to the bill S. 4049, to authorize
                                             ordered to lie on the table; as follows:                 ally-recognized human rights standards.                 appropriations for fiscal year 2021 for
                                               At the end of subtitle G of title XII, add               (6) Steps to expand bilateral and multi-              military activities of the Department
                                             the following:                                           national military exercises and training with           of Defense, for military construction,



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                                             S4062                                             CONGRESSIONAL RECORD — SENATE                                                           June 30, 2020
                                             and for defense activities of the De-                      SA 2368. Mr. MORAN (for himself and                    ‘‘(f) PRESERVATION OF GRADE AND PAY.—No
                                             partment of Energy, to prescribe mili-                   Ms. CANTWELL) submitted an amend-                      officer may be reduced in grade or pay or
                                             tary personnel strengths for such fiscal                 ment intended to be proposed to                        separated from the commissioned officer
                                             year, and for other purposes; which was                                                                         corps of the Administration as the result of
                                                                                                      amendment SA 2301 proposed by Mr.
                                                                                                                                                             a computation made to determine the au-
                                             ordered to lie on the table; as follows:                 INHOFE to the bill S. 4049, to authorize               thorized number of officers in the various
                                               At the appropriate place, insert the fol-              appropriations for fiscal year 2021 for                grades.’’.
                                             lowing:                                                  military activities of the Department                  SEC. 1712. RECALLED OFFICERS.
                                             SEC. lll. INELIGIBILITY FOR FEDERAL FUNDS.               of Defense, for military construction,                   (a) IN GENERAL.—Section 215 (33 U.S.C.
                                               (a) DEFINITIONS.—In this section:                      and for defense activities of the De-                  3005) is amended to read as follows:
                                               (1) ANARCHIST JURISDICTION.—The term
                                             ‘‘anarchist jurisdiction’’ means a State or
                                                                                                      partment of Energy, to prescribe mili-                 ‘‘SEC. 215. NUMBER OF AUTHORIZED COMMIS-
                                                                                                      tary personnel strengths for such fiscal                            SIONED OFFICERS.
                                             political subdivision of a State that has a                                                                        ‘‘(a) IN GENERAL.—The total number of au-
                                             statute, ordinance, policy, or practice in ef-           year, and for other purposes; which was
                                                                                                                                                             thorized commissioned officers on the lineal
                                             fect that, despite ongoing danger to individ-            ordered to lie on the table; as follows:               list of the commissioned officer corps of the
                                             uals or property, allows any entity or official            At the end of division A, add the following:         Administration shall not exceed 500.
                                             of the State or political subdivision of the             TITLE XVII—NATIONAL OCEANIC AND AT-                      ‘‘(b) POSITIONS OF IMPORTANCE AND RESPON-
                                             State to purposefully—                                     MOSPHERIC ADMINISTRATION COMMIS-                     SIBILITY.—Officers serving in positions des-
                                                (A) abdicate the reserved powers of the                 SIONED OFFICER CORPS                                 ignated under section 228 and officers re-
                                             State or political subdivision of the State, to                                                                 called from retired status or detailed to an
                                                                                                      SEC. 1701. REFERENCES TO NATIONAL OCEANIC
                                             be performed by non-governmental actors in                           AND ATMOSPHERIC ADMINISTRA-                agency other than the Administration—
                                             a manner that is detrimental to the health,                          TION   COMMISSIONED   OFFICER                ‘‘(1) may not be counted in determining the
                                             safety, and welfare of the citizens of the                           CORPS ACT OF 2002.                         total number of authorized officers on the
                                             State or political subdivision of the State;               Except as otherwise expressly provided,              lineal list under this section; and
                                             and                                                      whenever in this title an amendment or re-               ‘‘(2) may not count against such number.’’.
                                                (B) refuse to provide police, fire, or emer-          peal is expressed in terms of an amendment               (b) CLERICAL AMENDMENT.—The table of
                                             gency medical services to 1 or more individ-             to, or repeal of, a section or other provision,        contents in section 1 of the Act entitled ‘‘An
                                             uals in the State or political subdivision of            the reference shall be considered to be made           Act to authorize the Hydrographic Services
                                             the State as a consequence of an abdication              to a section or other provision of the Na-             Improvement Act of 1998, and for other pur-
                                             described in subparagraph (A).                           tional Oceanic and Atmospheric Administra-             poses’’ (Public Law 107–372) is amended by
                                                (2) EXECUTIVE AGENCY.—The term ‘‘execu-               tion Commissioned Officer Corps Act of 2002            striking the item relating to section 215 and
                                             tive agency’’ has the meaning given the term             (33 U.S.C. 3001 et seq.).                              inserting the following:
                                             ‘‘Executive agency’’ in section 105 of title 5,                                                                 ‘‘Sec. 215. Number of authorized commis-
                                                                                                              Subtitle A—General Provisions
                                             United States Code.                                                                                                           sioned officers.’’.
                                                (3) FEDERAL FINANCIAL ASSISTANCE.—The                 SEC. 1711. STRENGTH AND DISTRIBUTION IN
                                                                                                                 GRADE.                                      SEC. 1713. OBLIGATED SERVICE REQUIREMENT.
                                             term ‘‘Federal financial assistance’’ has the
                                                                                                        Section 214 (33 U.S.C. 3004) is amended to             (a) IN GENERAL.—Subtitle A (33 U.S.C. 3001
                                             meaning given the term in section 7501 of
                                                                                                      read as follows:                                       et seq.) is amended by adding at the end the
                                             title 31, United States Code.
                                                                                                      ‘‘SEC. 214. STRENGTH AND DISTRIBUTION IN               following:
                                                (4) NON-GOVERNMENTAL ACTOR.—The term
                                                                                                                   GRADE.                                    ‘‘SEC. 216. OBLIGATED SERVICE REQUIREMENT.
                                             ‘‘non-governmental actor’’—
                                                (A) means an individual who—                             ‘‘(a) GRADES.—The commissioned grades in               ‘‘(a) IN GENERAL.—
                                                (i) is not an officer, employee, or con-              the commissioned officer corps of the Ad-                 ‘‘(1) REGULATIONS.—The Secretary shall
                                             tractor of a State or political subdivision of           ministration are the following, in relative            prescribe the obligated service requirements
                                             a State; and                                             rank with officers of the Navy:                        for appointments, training, promotions, sep-
                                                (ii) attempts to circumvent the rule of law;            ‘‘(1) Vice admiral.                                  arations, continuations, and retirements of
                                             and                                                        ‘‘(2) Rear admiral.                                  officers not otherwise covered by law.
                                                (B) does not include a nonprofit organiza-              ‘‘(3) Rear admiral (lower half).                       ‘‘(2) WRITTEN AGREEMENTS.—The Secretary
                                             tion.                                                      ‘‘(4) Captain.                                       and officers shall enter into written agree-
                                                (5) RESERVED POWER.—The term ‘‘reserved                 ‘‘(5) Commander.                                     ments that describe the officers’ obligated
                                             power’’ means a power—                                     ‘‘(6) Lieutenant commander.                          service requirements prescribed under para-
                                                (A) reserved to a State under the Tenth                 ‘‘(7) Lieutenant.                                    graph (1) in return for such appointments,
                                             Amendment to the Constitution of the                       ‘‘(8) Lieutenant (junior grade).                     training, promotions, separations, continu-
                                             United States;                                             ‘‘(9) Ensign.                                        ations, and retirements as the Secretary
                                                (B) transferred by Congress to the District             ‘‘(b) GRADE DISTRIBUTION.—The Secretary              considers appropriate.
                                             of Columbia or any territory or possession of            shall prescribe, with respect to the distribu-           ‘‘(b) REPAYMENT FOR FAILURE TO SATISFY
                                             the United States; or                                    tion on the lineal list in grade, the percent-         REQUIREMENTS.—
                                                (C) described in subparagraph (A) or (B)              ages applicable to the grades set forth in               ‘‘(1) IN GENERAL.—The Secretary may re-
                                             that is delegated to a political subdivision of          subsection (a).                                        quire an officer who fails to meet the service
                                             a State.                                                   ‘‘(c) ANNUAL COMPUTATION OF NUMBER IN                requirements prescribed under subsection
                                                (6) STATE.—The term ‘‘State’’ means any               GRADE.—                                                (a)(1) to reimburse the Secretary in an
                                             State of the United States, the District of                ‘‘(1) IN GENERAL.—Not less frequently than           amount that bears the same ratio to the
                                             Columbia, the Commonwealth of Puerto                     once each year, the Secretary shall make a             total costs of the training provided to that
                                             Rico, the Northern Mariana Islands, the                  computation to determine the number of of-             officer by the Secretary as the unserved por-
                                             United States Virgin Islands, Guam, Amer-                ficers on the lineal list authorized to be serv-       tion of active duty bears to the total period
                                             ican Samoa, and any other territory or pos-              ing in each grade.                                     of active duty the officer agreed to serve.
                                             session of the United States.                              ‘‘(2) METHOD OF COMPUTATION.—The number                ‘‘(2) OBLIGATION AS DEBT TO UNITED
                                                (b) INELIGIBILITY.—For fiscal year 2021, and          in each grade shall be computed by applying            STATES.—An obligation to reimburse the
                                             each fiscal year thereafter, a State or polit-           the applicable percentage to the total num-            Secretary under paragraph (1) is, for all pur-
                                             ical subdivision of a State that is an anar-             ber of such officers serving on active duty on         poses, a debt owed to the United States.
                                             chist jurisdiction at any time during a fiscal           the date the computation is made.                        ‘‘(3) DISCHARGE IN BANKRUPTCY.—A dis-
                                             year may not receive Federal financial as-                 ‘‘(3) FRACTIONS.—If a final fraction occurs          charge in bankruptcy under title 11 that is
                                             sistance from an executive agency during                 in computing the authorized number of offi-            entered less than five years after the termi-
                                             that fiscal year.                                        cers in a grade, the nearest whole number              nation of a written agreement entered into
                                                (c) RETURNED AMOUNTS.—If a State or po-               shall be taken. If the fraction is one-half, the       under subsection (a)(2) does not discharge
                                             litical subdivision of a State that is ineli-            next higher whole number shall be taken.               the individual signing the agreement from a
                                             gible to receive Federal financial assistance              ‘‘(d) TEMPORARY INCREASE IN NUMBERS.—                debt arising under such agreement.
                                             during a fiscal year under subsection (b) re-            The total number of officers authorized by               ‘‘(c) WAIVER OR SUSPENSION OF COMPLI-
                                             ceives Federal financial assistance during               law to be on the lineal list during a fiscal           ANCE.—The Secretary may waive the service
                                             that fiscal year from an executive agency,               year may be temporarily exceeded if the av-            obligation of an officer who—
                                             the head of the executive agency shall—                  erage number on that list during that fiscal             ‘‘(1) becomes unqualified to serve on active
                                                (1) direct the State or political subdivision         year does not exceed the authorized number.            duty in the commissioned officer corps of the




dlhill on DSK120RN23PROD with SENATE
                                             of the State to immediately return the Fed-                ‘‘(e) POSITIONS OF IMPORTANCE AND RESPON-            Administration because of a circumstance
                                             eral financial assistance to the executive               SIBILITY.—Officers serving in positions des-           not within the control of that officer; or
                                             agency; and                                              ignated under section 228(a) and officers re-            ‘‘(2) is—
                                                (2) reallocate the Federal financial assist-          called from retired status shall not be count-           ‘‘(A) not physically qualified for appoint-
                                             ance returned under paragraph (1) to States              ed when computing authorized strengths                 ment; and
                                             or political subdivisions of States that are             under subsection (c) and shall not count                 ‘‘(B) determined to be unqualified for serv-
                                             not anarchist jurisdictions.                             against those strengths.                               ice in the commissioned officer corps of the




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                                             June 30, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                      S4063
                                             Administration because of a physical or                    ‘‘(2) INSTITUTIONS DESCRIBED.—An institu-            in connection with pursuit of a course of pro-
                                             medical condition that was not the result of             tion described in this paragraph is an edu-            fessional flight and piloting instruction
                                             the officer’s own misconduct or grossly neg-             cational institution—                                  under the program, including tuition, fees,
                                             ligent conduct.’’.                                         ‘‘(A) that requests to enter into an agree-          educational materials such as books, train-
                                               (b) CLERICAL AMENDMENT.—The table of                   ment with the Administrator providing for              ing, certifications, travel, and laboratory ex-
                                             contents in section 1 of the Act entitled ‘‘An           the establishment of the program at the in-            penses.
                                             Act to authorize the Hydrographic Services               stitution;                                               ‘‘(B) ASSISTANCE AFTER FOURTH ACADEMIC
                                             Improvement Act of 1998, and for other pur-                ‘‘(B) that has, as a part of its curriculum,         YEAR.—In the case of a member of the pro-
                                             poses’’ (Public Law 107–372) is amended by in-           a four-year baccalaureate program of profes-           gram described in subparagraph (A) who is
                                             serting after the item relating to section 215           sional flight and piloting instruction that is         enrolled in a course described in that sub-
                                             the following:                                           accredited by the Aviation Accreditation               paragraph that has been approved by the Ad-
                                             ‘‘Sec. 216. Obligated service requirement.’’.            Board International;                                   ministrator and requires more than four aca-
                                                                                                        ‘‘(C) that is located in a geographic area           demic years for completion, including elec-
                                             SEC. 1714. TRAINING AND PHYSICAL FITNESS.
                                                                                                      that—                                                  tive requirements of the program, assistance
                                               (a) IN GENERAL.—Subtitle A (33 U.S.C. 3001               ‘‘(i) experiences a wide variation in cli-           under this subsection may also be provided
                                             et seq.), as amended by section 1713(a), is fur-         mate-related activity, including frequent              during a fifth academic year or during a
                                             ther amended by adding at the end the fol-               high winds, convective activity (including             combination of a part of a fifth academic
                                             lowing:                                                  tornadoes), periods of low visibility, heat,           year and summer sessions.
                                             ‘‘SEC. 217. TRAINING AND PHYSICAL FITNESS.               and snow and ice episodes, to provide oppor-             ‘‘(2) ROOM AND BOARD.—In the case of a
                                                ‘‘(a) TRAINING.—The Secretary may take                tunities for pilots to demonstrate skill in all        member eligible to receive assistance under
                                             such measures as may be necessary to ensure              weather conditions compatible with future              paragraph (1), the Administrator may, in
                                             that officers are prepared to carry out their            encounters during their service in the com-            lieu of payment of all or part of such assist-
                                             duties in the commissioned officer corps of              missioned officer corps; and                           ance, pay the room and board expenses of the
                                             the Administration and proficient in the                   ‘‘(ii) has a climate that can accommodate            member, and other educational expenses, of
                                             skills necessary to carry out such duties.               both primary and advanced flight training              the educational institution concerned.
                                             Such measures may include the following:                 activity at least 75 percent of the year; and            ‘‘(3) FAILURE TO COMPLETE PROGRAM OR AC-
                                               ‘‘(1) Carrying out training programs and                 ‘‘(D) at which the Administrator deter-              CEPT COMMISSION.—A member of the program
                                             correspondence courses, including estab-                 mines that—                                            who receives assistance under this sub-
                                             lishing and operating a basic officer training             ‘‘(i) there will be at least one student en-         section and who does not complete the
                                             program to provide initial indoctrination                rolled in the program; and                             course of instruction, or who completes the
                                             and maritime vocational training for officer               ‘‘(ii) the provisions of this section are oth-       course but declines to accept a commission
                                             candidates as well as refresher training, mid-           erwise satisfied.                                      in the commissioned officer corps when of-
                                             career training, aviation training, and such               ‘‘(3) LIMITATIONS IN CONNECTION WITH PAR-            fered, shall be subject to the repayment pro-
                                             other training as the Secretary considers                TICULAR INSTITUTIONS.—The program may
                                                                                                                                                             visions of subsection (e).
                                             necessary for officer development and pro-               not be established or maintained at an insti-
                                             ficiency.                                                tution unless—                                           ‘‘(e) REPAYMENT OF UNEARNED PORTION OF
                                               ‘‘(2) Providing officers and officer can-                ‘‘(A) the senior commissioned officer or             FINANCIAL ASSISTANCE WHEN CONDITIONS OF
                                             didates with educational materials.                      employee of the commissioned officer corps             PAYMENT NOT MET.—
                                               ‘‘(3) Acquiring such equipment as may be               who is assigned as an advisor to the program             ‘‘(1) IN GENERAL.—A member of the pro-
                                             necessary for training and instructional pur-            at that institution is given the academic              gram who receives or benefits from assist-
                                             poses.                                                   rank of adjunct professor; and                         ance under subsection (d), and whose receipt
                                               ‘‘(b) PHYSICAL FITNESS.—The Secretary                    ‘‘(B) the institution fulfills the terms of its      of or benefit from such assistance is subject
                                             shall ensure that officers maintain a high               agreement with the Administrator.                      to the condition that the member fully sat-
                                             physical state of readiness by establishing                ‘‘(4) MEMBERSHIP IN CONNECTION WITH STA-             isfy the requirements of subsection (c), shall
                                             standards of physical fitness for officers that          TUS AS STUDENT.—At institutions at which               repay to the United States an amount equal
                                             are substantially equivalent to those pre-               the program is established, the membership             to the assistance received or benefitted from
                                             scribed for officers in the Coast Guard.’’.              of students in the program shall be elective,          if the member fails to fully satisfy such re-
                                               (b) CLERICAL AMENDMENT.—The table of                   as provided by State law or the authorities            quirements and may not receive or benefit
                                             contents in section 1 of the Act entitled ‘‘An           of the institution concerned.                          from any unpaid amounts of such assistance
                                             Act to authorize the Hydrographic Services                 ‘‘(c) MEMBERSHIP.—                                   after the member fails to satisfy such re-
                                             Improvement Act of 1998, and for other pur-                ‘‘(1) ELIGIBILITY.—To be eligible for mem-           quirements, unless the Administrator deter-
                                             poses’’ (Public Law 107–372), as amended by              bership in the program, an individual must—            mines that the imposition of the repayment
                                             section 1713(b), is further amended by insert-             ‘‘(A) be a student at an institution at              requirement and the termination of payment
                                             ing after the item relating to section 216 the           which the program is established;                      of unpaid amounts of such assistance with
                                             following:                                                 ‘‘(B) be a citizen of the United States;             regard to the member would be—
                                                                                                        ‘‘(C) contract in writing, with the consent            ‘‘(A) contrary to a personnel policy or
                                             ‘‘Sec. 217. Training and physical fitness.’’.            of a parent or guardian if a minor, with the           management objective;
                                             SEC. 1715. AVIATION ACCESSION TRAINING PRO-              Administrator, to—
                                                         GRAMS.
                                                                                                                                                               ‘‘(B) against equity and good conscience; or
                                                                                                        ‘‘(i) accept an appointment, if offered, as a          ‘‘(C) contrary to the best interests of the
                                               (a) IN GENERAL.—Subtitle A (33 U.S.C. 3001             commissioned officer in the commissioned               United States.
                                             et seq.), as amended by section 1714(a), is fur-         officer corps of the Administration; and                 ‘‘(2)   REGULATIONS.—The      Administrator
                                             ther amended by adding at the end the fol-                 ‘‘(ii) serve in the commissioned officer             may establish, by regulations, procedures for
                                             lowing:                                                  corps for not fewer than four years;                   determining the amount of the repayment
                                             ‘‘SEC. 218. AVIATION ACCESSION TRAINING PRO-               ‘‘(D) enroll in—                                     required under this subsection and the cir-
                                                          GRAMS.                                        ‘‘(i) a four-year baccalaureate program of           cumstances under which an exception to re-
                                                ‘‘(a) DEFINITIONS.—In this section:                   professional flight and piloting instruction;          payment may be granted. The Administrator
                                                ‘‘(1) ADMINISTRATOR.—The term ‘Adminis-               and                                                    may specify in the regulations the condi-
                                             trator’ means the Under Secretary of Com-                  ‘‘(ii) other training or education, including        tions under which financial assistance to be
                                             merce for Oceans and Atmosphere and the                  basic officer training, which is prescribed by         paid to a member of the program will not be
                                             Administrator of the National Oceanic and                the Administrator as meeting the prelimi-              made if the member no longer satisfies the
                                             Atmospheric Administration.                              nary requirement for admission to the com-             requirements in subsection (c) or qualifica-
                                               ‘‘(2) MEMBER OF THE PROGRAM.—The term                  missioned officer corps; and                           tions in subsection (d) for such assistance.
                                             ‘member of the program’ means a student                    ‘‘(E) execute a certificate or take an oath            ‘‘(3) OBLIGATION AS DEBT TO UNITED
                                             who is enrolled in the program.                          relating to morality and conduct in such               STATES.—An obligation to repay the United
                                               ‘‘(3) PROGRAM.—The term ‘program’ means                form as the Administrator prescribes.                  States under this subsection is, for all pur-
                                             an aviation accession training program of                  ‘‘(2) COMPLETION OF PROGRAM.—A member                poses, a debt owed to the United States.’’.
                                             the commissioned officer corps of the Ad-                of the program may be appointed as a reg-
                                             ministration established pursuant to sub-                ular officer in the commissioned officer                 (b) CLERICAL AMENDMENT.—The table of
                                             section (b).                                             corps if the member meets all requirements             contents in section 1 of the Act entitled ‘‘An
                                               ‘‘(b) AVIATION ACCESSION TRAINING PRO-                 for appointment as such an officer.                    Act to authorize the Hydrographic Services
                                             GRAMS.—                                                    ‘‘(d) FINANCIAL ASSISTANCE FOR QUALIFIED             Improvement Act of 1998, and for other pur-




dlhill on DSK120RN23PROD with SENATE
                                               ‘‘(1) ESTABLISHMENT AUTHORIZED.—The Ad-                MEMBERS.—                                              poses’’ (Public Law 107–372), as amended by
                                             ministrator, under regulations prescribed by               ‘‘(1) EXPENSES OF COURSE OF INSTRUCTION.—            section 1714(b), is further amended by insert-
                                             the Secretary, shall establish and maintain                ‘‘(A) IN GENERAL.—In the case of a member            ing after the item relating to section 217 the
                                             one or more aviation accession training pro-             of the program who meets such qualifica-               following:
                                             grams for the commissioned officer corps of              tions as the Administrator establishes for
                                             the Administration at institutions described             purposes of this subsection, the Adminis-              ‘‘Sec. 218. Aviation accession training pro-
                                             in paragraph (2).                                        trator may pay the expenses of the member                            grams.’’.




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                                             S4064                                             CONGRESSIONAL RECORD — SENATE                                                           June 30, 2020
                                             SEC. 1716. RECRUITING MATERIALS.                           ‘‘(2) LIMITATION ON AMOUNT.—For each year              ‘‘(1) A loan made, insured, or guaranteed
                                               (a) IN GENERAL.—Subtitle A (33 U.S.C. 3001             of obligated service that a person agrees to           under part B of title IV of the Higher Edu-
                                             et seq.), as amended by section 1715(a), is fur-         serve in an agreement described in sub-                cation Act of 1965 (20 U.S.C. 1071 et seq.).
                                             ther amended by adding at the end the fol-               section (b)(3), the Secretary may pay not                ‘‘(2) A loan made under part D of such title
                                             lowing:                                                  more than the amount specified in section              (20 U.S.C. 1087a et seq.).
                                             ‘‘SEC. 219. USE OF RECRUITING MATERIALS FOR              2173(e)(2) of title 10, United States Code.              ‘‘(3) A loan made under part E of such title
                                                          PUBLIC RELATIONS.                             ‘‘(e) ACTIVE DUTY SERVICE OBLIGATION.—               (20 U.S.C. 1087aa et seq.).
                                               ‘‘The Secretary may use for public rela-                 ‘‘(1) IN GENERAL.—A person entering into
                                                                                                                                                               ‘‘(d) MAXIMUM BENEFIT.—Interest and any
                                             tions purposes of the Department of Com-                 an agreement described in subsection (b)(3)
                                                                                                                                                             special allowance may be paid on behalf of
                                             merce any advertising materials developed                incurs an active duty service obligation.
                                                                                                                                                             an officer under this section for any of the 36
                                             for use for recruitment and retention of per-              ‘‘(2) LENGTH OF OBLIGATION DETERMINED
                                                                                                                                                             consecutive months during which the officer
                                             sonnel for the commissioned officer corps of             UNDER REGULATIONS.—
                                                                                                                                                             is eligible under subsection (b).
                                             the Administration. Any such use shall be                  ‘‘(A) IN GENERAL.—Except as provided in
                                             under such conditions and subject to such re-            subparagraph (B), the length of the obliga-              ‘‘(e) FUNDS FOR PAYMENTS.—The Secretary
                                             strictions as the Secretary shall prescribe.’’.          tion under paragraph (1) shall be determined           may use amounts appropriated for the pay
                                               (b) CLERICAL AMENDMENT.—The table of                   under regulations prescribed by the Sec-               and allowances of personnel of the commis-
                                             contents in section 1 of the Act entitled ‘‘An           retary.                                                sioned officer corps of the Administration for
                                             Act to authorize the Hydrographic Services                 ‘‘(B) MINIMUM OBLIGATION.—The regula-                payments under this section.
                                             Improvement Act of 1998, and for other pur-              tions prescribed under subparagraph (A) may              ‘‘(f) COORDINATION WITH SECRETARY OF
                                             poses’’ (Public Law 107–372), as amended by              not provide for a period of obligation of less         EDUCATION.—
                                             section 1715(b), is further amended by insert-           than one year for each maximum annual                    ‘‘(1) IN GENERAL.—The Secretary shall con-
                                             ing after the item relating to section 218 the           amount, or portion thereof, paid on behalf of          sult with the Secretary of Education regard-
                                             following:                                               the person for qualified loans.                        ing the administration of this section.
                                             ‘‘Sec. 219. Use of recruiting materials for                ‘‘(3) PERSONS ON ACTIVE DUTY BEFORE EN-                ‘‘(2) TRANSFER OF FUNDS.—The Secretary
                                                           public relations.’’.                       TERING INTO AGREEMENT.—The active duty
                                                                                                                                                             shall transfer to the Secretary of Education
                                             SEC. 1717. TECHNICAL CORRECTION.                         service obligation of persons on active duty           the funds necessary—
                                               Section 101(21)(C) of title 38, United States          before entering into the agreement shall be              ‘‘(A) to pay interest and special allowances
                                             Code, is amended by inserting ‘‘in the com-              served after the conclusion of any other obli-         on student loans under this section (in ac-
                                             missioned officer corps’’ before ‘‘of the Na-            gation incurred under the agreement.                   cordance with sections 428(o), 455(l), and
                                             tional’’.                                                  ‘‘(4) CONCURRENT COMPLETION OF SERVICE               464(j) of the Higher Education Act of 1965 (20
                                                  Subtitle B—Parity and Recruitment                   OBLIGATIONS.—A service obligation under
                                                                                                                                                             U.S.C. 1078(o), 1087e(l), and 1087dd(j)); and
                                                                                                      this section may be completed concurrently               ‘‘(B) to reimburse the Secretary of Edu-
                                             SEC. 1721. EDUCATION LOANS.
                                                                                                      with a service obligation under section 216.           cation for any reasonable administrative
                                               (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071               ‘‘(f) EFFECT OF FAILURE TO COMPLETE OBLI-
                                             et seq.) is amended by adding at the end the                                                                    costs incurred by the Secretary in coordi-
                                                                                                      GATION.—
                                             following:                                                                                                      nating the program under this section with
                                                                                                        ‘‘(1) ALTERNATIVE OBLIGATIONS.—An officer            the administration of the student loan pro-
                                             ‘‘SEC. 267. EDUCATION LOAN REPAYMENT PRO-                who is relieved of the officer’s active duty
                                                          GRAM.                                                                                              grams under parts B, D, and E of title IV of
                                                                                                      obligation under this section before the com-          the Higher Education Act of 1965 (20 U.S.C.
                                                ‘‘(a) AUTHORITY TO REPAY EDUCATION                    pletion of that obligation may be given any
                                             LOANS.—For the purpose of maintaining ade-                                                                      1071 et seq., 1087a et seq., 1087aa et seq.).
                                                                                                      alternative obligation, at the discretion of
                                             quate numbers of officers of the commis-                 the Secretary.                                           ‘‘(g) SPECIAL ALLOWANCE DEFINED.—In this
                                             sioned officer corps of the Administration on              ‘‘(2) REPAYMENT.—An officer who does not             section, the term ‘special allowance’ means a
                                             active duty who have skills required by the              complete the period of active duty specified           special allowance that is payable under sec-
                                             commissioned officer corps, the Secretary                in the agreement entered into under sub-               tion 438 of the Higher Education Act of 1965
                                             may repay, in the case of a person described             section (b)(3), or the alternative obligation          (20 U.S.C. 1087–1).’’.
                                             in subsection (b), a loan that—                          imposed under paragraph (1), shall be subject
                                               ‘‘(1) was used by the person to finance edu-                                                                    (b) CONFORMING AMENDMENTS.—
                                                                                                      to the repayment provisions under section                (1) Section 428(o) of the Higher Education
                                             cation; and                                              216.
                                               ‘‘(2) was obtained from a governmental en-                                                                    Act of 1965 (20 U.S.C. 1078(o)) is amended—
                                                                                                        ‘‘(g) RULEMAKING.—The Secretary shall                  (A) by striking the subsection heading and
                                             tity, private financial institution, edu-                prescribe regulations to carry out this sec-
                                             cational institution, or other authorized en-                                                                   inserting ‘‘ARMED FORCES AND NOAA COM-
                                                                                                      tion, including—                                       MISSIONED OFFICER CORPS STUDENT LOAN IN-
                                             tity.                                                      ‘‘(1) standards for qualified loans and au-
                                               ‘‘(b) ELIGIBLE PERSONS.—To be eligible to                                                                     TEREST PAYMENT PROGRAMS’’; and
                                                                                                      thorized payees; and                                     (B) in paragraph (1)—
                                             obtain a loan repayment under this section,
                                                                                                        ‘‘(2) other terms and conditions for the               (i) by inserting ‘‘or section 268 of the Na-
                                             a person must—
                                                                                                      making of loan repayments.’’.                          tional Oceanic and Atmospheric Administra-
                                               ‘‘(1) satisfy one of the requirements speci-             (b) CLERICAL AMENDMENT.—The table of
                                             fied in subsection (c);                                                                                         tion Commissioned Officer Corps Act of 2002’’
                                                                                                      contents in section 1 of the Act entitled ‘‘An         after ‘‘Code,’’; and
                                               ‘‘(2) be fully qualified for, or hold, an ap-          Act to authorize the Hydrographic Services
                                             pointment as a commissioned officer in the                                                                        (ii) by inserting ‘‘or an officer in the com-
                                                                                                      Improvement Act of 1998, and for other pur-            missioned officer corps of the National Oce-
                                             commissioned officer corps of the Adminis-               poses’’ (Public Law 107–372) is amended by in-
                                             tration; and                                                                                                    anic and Atmospheric Administration, re-
                                                                                                      serting after the item relating to section 266         spectively,’’ after ‘‘Armed Forces’’.
                                               ‘‘(3) sign a written agreement to serve on             the following:
                                             active duty, or, if on active duty, to remain                                                                     (2) Sections 455(l) and 464(j) of the Higher
                                             on active duty for a period in addition to any           ‘‘Sec. 267. Education loan repayment pro-              Education Act of 1965 (20 U.S.C. 1087e(l) and
                                             other incurred active duty obligation.                                  gram.’’.                                1087dd(j)) are each amended—
                                               ‘‘(c) ACADEMIC AND PROFESSIONAL REQUIRE-               SEC. 1722. INTEREST PAYMENTS.                            (A) by striking the subsection heading and
                                             MENTS.—One of the following academic re-                   (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071           inserting ‘‘ARMED FORCES AND NOAA COM-
                                             quirements must be satisfied for purposes of             et seq.), as amended by section 1721(a), is fur-       MISSIONED OFFICER CORPS STUDENT LOAN IN-
                                             determining the eligibility of an individual             ther amended by adding at the end the fol-             TEREST PAYMENT PROGRAMS’’; and
                                             for a loan repayment under this section:                 lowing:                                                  (B) in paragraph (1)—
                                               ‘‘(1) The person is fully qualified in a pro-          ‘‘SEC. 268. INTEREST PAYMENT PROGRAM.                    (i) by inserting ‘‘or section 268 of the Na-
                                             fession that the Secretary has determined to                ‘‘(a) AUTHORITY.—The Secretary may pay              tional Oceanic and Atmospheric Administra-
                                             be necessary to meet identified skill short-             the interest and any special allowances that           tion Commissioned Officer Corps Act of 2002’’
                                             ages in the commissioned officer corps.                  accrue on one or more student loans of an el-          after ‘‘Code,’’; and
                                               ‘‘(2) The person is enrolled as a full-time            igible officer, in accordance with this sec-             (ii) by inserting ‘‘or an officer in the com-
                                             student in the final year of a course of study           tion.                                                  missioned officer corps of the National Oce-
                                             at an accredited educational institution (as               ‘‘(b) ELIGIBLE OFFICERS.—An officer is eli-          anic and Atmospheric Administration, re-
                                             determined by the Secretary of Education)                gible for the benefit described in subsection          spectively’’ after ‘‘Armed Forces’’.
                                             leading to a degree in a profession that will            (a) while the officer—                                   (c) CLERICAL AMENDMENT.—The table of
                                             meet identified skill shortages in the com-                ‘‘(1) is serving on active duty;                     contents in section 1 of the Act entitled ‘‘An
                                             missioned officer corps.                                   ‘‘(2) has not completed more than three              Act to authorize the Hydrographic Services




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                                               ‘‘(d) LOAN REPAYMENTS.—                                years of service on active duty;                       Improvement Act of 1998, and for other pur-
                                               ‘‘(1) IN GENERAL.—Subject to the limits es-              ‘‘(3) is the debtor on one or more unpaid            poses’’ (Public Law 107–372), as amended by
                                             tablished under paragraph (2), a loan repay-             loans described in subsection (c); and                 section 1721(b), is further amended by insert-
                                             ment under this section may consist of the                 ‘‘(4) is not in default on any such loan.            ing after the item relating to section 267 the
                                             payment of the principal, interest, and re-                ‘‘(c) STUDENT LOANS.—The authority to                following:
                                             lated expenses of a loan obtained by a person            make payments under subsection (a) may be
                                             described in subsection (b).                             exercised with respect to the following loans:         ‘‘Sec. 268. Interest payment program.’’.




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                                             June 30, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                        S4065
                                             SEC. 1723. STUDENT PRE-COMMISSIONING PRO-                person who receives financial assistance               SEC. 1724. LIMITATION ON EDUCATIONAL ASSIST-
                                                         GRAM.                                        under subsection (a) to cover the cost of the                       ANCE.
                                               (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071             person’s initial clothing and equipment                  (a) IN GENERAL.—Each fiscal year, begin-
                                             et seq.), as amended by section 1722(a), is fur-         issue.                                                 ning with the fiscal year in which this title
                                             ther amended by adding at the end the fol-                 ‘‘(2) APPOINTMENT.—Upon completion of                is enacted, the Secretary of Commerce shall
                                             lowing:                                                  the program of education for which a person            ensure that the total amount expended by
                                             ‘‘SEC. 269. STUDENT PRE-COMMISSIONING EDU-               receives financial assistance under sub-               the Secretary under section 267 of the Na-
                                                          CATION ASSISTANCE PROGRAM.                                                                         tional Oceanic and Atmospheric Administra-
                                                                                                      section (a) and acceptance of appointment in
                                                ‘‘(a) AUTHORITY TO PROVIDE FINANCIAL AS-              the commissioned officer corps of the Ad-              tion Commissioned Officer Corps Act of 2002
                                             SISTANCE.—For the purpose of maintaining                                                                        (as added by section 1721(a)), section 268 of
                                                                                                      ministration, the person may be issued a
                                             adequate numbers of officers of the commis-                                                                     such Act (as added by section 1722(a)), and
                                                                                                      subsequent clothing allowance equivalent to
                                             sioned officer corps of the Administration on                                                                   section 269 of such Act (as added by section
                                                                                                      that normally provided to a newly appointed
                                             active duty, the Secretary may provide fi-                                                                      1723(a)) does not exceed the amount by
                                                                                                      officer.
                                             nancial assistance to a person described in                                                                     which—
                                             subsection (b) for expenses of the person                  ‘‘(h) TERMINATION OF FINANCIAL ASSIST-                 (1) the total amount the Secretary would
                                             while the person is pursuing on a full-time              ANCE.—
                                                                                                                                                             pay in that fiscal year to officer candidates
                                             basis at an accredited educational institu-                ‘‘(1) IN GENERAL.—The Secretary shall ter-           under section 203(f)(1) of title 37, United
                                             tion (as determined by the Secretary of Edu-             minate the assistance provided to a person             States Code (as added by section 1735(d)), if
                                             cation) a program of education approved by               under this section if—                                 such section entitled officer candidates to
                                             the Secretary that leads to—                               ‘‘(A) the Secretary accepts a request by the         pay at monthly rates equal to the basic pay
                                               ‘‘(1) a baccalaureate degree in not more               person to be released from an agreement de-            of a commissioned officer in the pay grade O–
                                             than five academic years; or                             scribed in subsection (b)(2);                          1 with less than 2 years of service, exceeds
                                               ‘‘(2) a postbaccalaureate degree.                        ‘‘(B) the misconduct of the person results
                                               ‘‘(b) ELIGIBLE PERSONS.—                                                                                        (2) the total amount the Secretary actu-
                                                                                                      in a failure to complete the period of active          ally pays in that fiscal year to officer can-
                                               ‘‘(1) IN GENERAL.—A person is eligible to              duty required under the agreement; or
                                             obtain financial assistance under subsection                                                                    didates under section 203(f)(1) of such title
                                                                                                        ‘‘(C) the person fails to fulfill any term or        (as so added).
                                             (a) if the person—                                       condition of the agreement.
                                               ‘‘(A) is enrolled on a full-time basis in a                                                                     (b) OFFICER CANDIDATE DEFINED.—In this
                                                                                                        ‘‘(2) REIMBURSEMENT.—The Secretary may               section, the term ‘‘officer candidate’’ has the
                                             program of education referred to in sub-                 require a person who receives assistance de-
                                             section (a) at any educational institution de-                                                                  meaning given the term in paragraph (4) of
                                                                                                      scribed in subsection (c), (f), or (g) under an        section 212(b) of the National Oceanic and
                                             scribed in such subsection;                              agreement entered into under subsection
                                               ‘‘(B) meets all of the requirements for ac-                                                                   Atmospheric Administration Commissioned
                                                                                                      (b)(1)(C) to reimburse the Secretary in an             Officer Corps Act of 2002 (33 U.S.C. 3002), as
                                             ceptance into the commissioned officer corps             amount that bears the same ratio to the
                                             of the Administration except for the comple-                                                                    added by section 1735(c).
                                                                                                      total costs of the assistance provided to that
                                             tion of a baccalaureate degree; and                                                                             SEC. 1725. APPLICABILITY OF CERTAIN PROVI-
                                                                                                      person as the unserved portion of active duty                      SIONS OF TITLE 10, UNITED STATES
                                               ‘‘(C) enters into a written agreement with             bears to the total period of active duty the                       CODE, AND EXTENSION OF CERTAIN
                                             the Secretary described in paragraph (2).                officer agreed to serve under the agreement.                       AUTHORITIES APPLICABLE TO MEM-
                                               ‘‘(2) AGREEMENT.—A written agreement re-                 ‘‘(3) WAIVER.—The Secretary may waive                            BERS OF THE ARMED FORCES TO
                                             ferred to in paragraph (1)(C) is an agreement            the service obligation of a person through an                      COMMISSIONED OFFICER CORPS.
                                             between the person and the Secretary in                  agreement entered into under subsection                  (a) APPLICABILITY OF CERTAIN PROVISIONS
                                             which the person—                                        (b)(1)(C) if the person—                               OF TITLE 10.—Section 261(a) (33 U.S.C. 3071(a))
                                               ‘‘(A) agrees to accept an appointment as an              ‘‘(A) becomes unqualified to serve on ac-            is amended—
                                             officer, if tendered; and                                tive duty in the commissioned officer corps               (1) by redesignating paragraphs (13)
                                               ‘‘(B) upon completion of the person’s edu-             of the Administration because of a cir-                through (16) as paragraphs (22) through (25),
                                             cational program, agrees to serve on active              cumstance not within the control of that               respectively;
                                             duty, immediately after appointment, for—                person; or                                                (2) by redesignating paragraphs (7) through
                                               ‘‘(i) up to three years if the person received           ‘‘(B) is—                                            (12) as paragraphs (14) through (19), respec-
                                             less than three years of assistance; and                   ‘‘(i) not physically qualified for appoint-          tively;
                                               ‘‘(ii) up to five years if the person received         ment; and                                                 (3) by redesignating paragraphs (4) through
                                             at least three years of assistance.                        ‘‘(ii) determined to be unqualified for serv-        (6) as paragraphs (8) through (10), respec-
                                               ‘‘(c) QUALIFYING EXPENSES.—Expenses for                                                                       tively;
                                                                                                      ice in the commissioned officer corps of the
                                             which financial assistance may be provided                                                                         (4) by inserting after paragraph (3) the fol-
                                                                                                      Administration because of a physical or
                                             under subsection (a) are the following:                                                                         lowing:
                                                                                                      medical condition that was not the result of
                                               ‘‘(1) Tuition and fees charged by the edu-                                                                       ‘‘(4) Section 771, relating to unauthorized
                                                                                                      the person’s own misconduct or grossly neg-
                                             cational institution involved.                                                                                  wearing of uniforms.
                                                                                                      ligent conduct.
                                               ‘‘(2) The cost of educational materials.                                                                         ‘‘(5) Section 774, relating to wearing reli-
                                                                                                        ‘‘(4) OBLIGATION AS DEBT TO UNITED
                                               ‘‘(3) In the case of a program of education                                                                   gious apparel while in uniform.
                                                                                                      STATES.—An obligation to reimburse the
                                             leading to a baccalaureate degree, labora-                                                                         ‘‘(6) Section 982, relating to service on
                                                                                                      Secretary imposed under paragraph (2) is, for
                                             tory expenses.                                                                                                  State and local juries.
                                                                                                      all purposes, a debt owed to the United
                                               ‘‘(4) Such other expenses as the Secretary                                                                       ‘‘(7) Section 1031, relating to administra-
                                                                                                      States.
                                             considers appropriate.                                                                                          tion of oaths.’’;
                                               ‘‘(d) LIMITATION ON AMOUNT.—The Sec-                     ‘‘(5) DISCHARGE IN BANKRUPTCY.—A dis-
                                                                                                      charge in bankruptcy under title 11, United               (5) by inserting after paragraph (10), as re-
                                             retary shall prescribe the amount of finan-
                                                                                                      States Code, that is entered less than five            designated, the following:
                                             cial assistance provided to a person under
                                             subsection (a), which may not exceed the                 years after the termination of a written                  ‘‘(11) Section 1074n, relating to annual
                                             amount specified in section 2173(e)(2) of title          agreement entered into under subsection                mental health assessments.
                                             10, United States Code, for each year of obli-           (b)(1)(C) does not discharge the person sign-             ‘‘(12) Section 1090a, relating to referrals for
                                             gated service that a person agrees to serve in           ing the agreement from a debt arising under            mental health evaluations.
                                             an agreement described in subsection (b)(2).             such agreement or under paragraph (2).                    ‘‘(13) Chapter 58, relating to the Benefits
                                               ‘‘(e) DURATION OF ASSISTANCE.—Financial                                                                       and Services for members being separated or
                                                                                                        ‘‘(i) REGULATIONS.—The Secretary may
                                             assistance may be provided to a person under                                                                    recently separated.’’; and
                                                                                                      prescribe such regulations and orders as the
                                             subsection (a) for not more than five con-                                                                         (6) by inserting after paragraph (19), as re-
                                                                                                      Secretary considers appropriate to carry out
                                             secutive academic years.                                                                                        designated, the following:
                                                                                                      this section.
                                               ‘‘(f) SUBSISTENCE ALLOWANCE.—                                                                                    ‘‘(20) Subchapter I of chapter 88, relating to
                                               ‘‘(1) IN GENERAL.—A person who receives fi-              ‘‘(j) CONCURRENT COMPLETION OF SERVICE               Military Family Programs.
                                             nancial assistance under subsection (a) shall            OBLIGATIONS.—A service obligation under                   ‘‘(21) Section 2005, relating to advanced
                                             be entitled to a monthly subsistence allow-              this section may be completed concurrently             education assistance, active duty agree-
                                             ance at a rate prescribed under paragraph (2)            with a service obligation under section 216.’’.        ments, and reimbursement requirements.’’.
                                             for the duration of the period for which the               (b) CLERICAL AMENDMENT.—The table of                    (b) EXTENSION OF CERTAIN AUTHORITIES.—
                                             person receives such financial assistance.               contents in section 1 of the Act entitled ‘‘An            (1) NOTARIAL SERVICES.—Section 1044a of
                                               ‘‘(2) DETERMINATION OF AMOUNT.—The Sec-                Act to authorize the Hydrographic Services             title 10, United States Code, is amended—
                                             retary shall prescribe monthly rates for sub-            Improvement Act of 1998, and for other pur-               (A) in subsection (a)(1), by striking ‘‘armed




dlhill on DSK120RN23PROD with SENATE
                                             sistence allowance provided under paragraph              poses’’ (Public Law 107–372), as amended by            forces’’ and inserting ‘‘uniformed services’’;
                                             (1), which shall be equal to the amount speci-           section 1722(c), is further amended by insert-         and
                                             fied in section 2144(a) of title 10, United              ing after the item relating to section 268 the            (B) in subsection (b)(4), by striking ‘‘armed
                                             States Code.                                             following:                                             forces’’ both places it appears and inserting
                                               ‘‘(g) INITIAL CLOTHING ALLOWANCE.—                                                                            ‘‘uniformed services’’.
                                               ‘‘(1) TRAINING.—The Secretary may pre-                 ‘‘Sec. 269. Student pre-commissioning edu-                (2) ACCEPTANCE OF VOLUNTARY SERVICES
                                             scribe a sum which shall be credited to each                           cation assistance program.’’.            FOR PROGRAMS SERVING MEMBERS AND THEIR




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                                             S4066                                             CONGRESSIONAL RECORD — SENATE                                                            June 30, 2020
                                             FAMILIES.—Section 1588 of such title is                  SEC. 1727. PROHIBITION ON RETALIATORY PER-               ‘‘(b) CAREER APPOINTMENTS.—If the Sec-
                                             amended—                                                             SONNEL ACTIONS.                            retary selects an application submitted by
                                                (A) in subsection (a)(3), in the matter be-             (a) IN GENERAL.—Subsection (a) of section            an officer described in subsection (a) for a
                                             fore subparagraph (A), by striking ‘‘armed               261 (33 U.S.C. 3071), as amended by section            position described in such subsection, the
                                             forces’’ and inserting ‘‘uniformed services’’;           1725(a), is further amended—                           Secretary shall give such officer a career or
                                             and                                                        (1) by redesignating paragraphs (8) through          career-conditional appointment in the com-
                                                (B) by adding at the end the following new            (25) as paragraphs (9) through (26), respec-           petitive service, as appropriate.
                                             subsection:                                              tively; and                                              ‘‘(c) COMPETITIVE SERVICE DEFINED.—In
                                                ‘‘(g) SECRETARY CONCERNED FOR ACCEPT-                   (2) by inserting after paragraph (7) the fol-        this section, the term ‘competitive service’
                                             ANCE OF SERVICES FOR PROGRAMS SERVING                    lowing:                                                has the meaning given the term in section
                                             MEMBERS OF NOAA CORPS AND THEIR FAMI-                      ‘‘(8) Section 1034, relating to protected            2102 of title 5, United States Code.’’.
                                                                                                      communications and prohibition of retalia-               (b) CLERICAL AMENDMENT.—The table of
                                             LIES.—For purposes of the acceptance of
                                                                                                      tory personnel actions.’’.                             contents in section 1 of the Act entitled ‘‘An
                                             services described in subsection (a)(3), the                                                                    Act to authorize the Hydrographic Services
                                             term ‘Secretary concerned’ in subsection (a)               (b) CONFORMING AMENDMENT.—Subsection
                                                                                                      (b) of such section is amended by adding at            Improvement Act of 1998, and for other pur-
                                             shall include the Secretary of Commerce                                                                         poses’’ (Public Law 107–372) is amended by in-
                                             with respect to members of the commis-                   the end the following: ‘‘For purposes of para-
                                                                                                      graph (8) of subsection (a), the term ‘Inspec-         serting after the item relating to section 269,
                                             sioned officer corps of the National Oceanic                                                                    as added by section 1723(b), the following new
                                             and Atmospheric Administration.’’.                       tor General’ in section 1034 of such title 10
                                                                                                      shall mean the Inspector General of the De-            item:
                                                (3) CAPSTONE COURSE FOR NEWLY SELECTED                                                                       ‘‘Sec. 269A. Treatment of commission in
                                             FLAG OFFICERS.—Section 2153 of such title is             partment of Commerce.’’.
                                                                                                        (c) REGULATIONS.—Such section is further                            commissioned officer corps as
                                             amended—
                                                                                                      amended by adding at the end the following:                           employment in Administration
                                                (A) in subsection (a)—
                                                                                                        ‘‘(c) REGULATIONS REGARDING PROTECTED                               for purposes of certain hiring
                                                (i) by inserting ‘‘or the commissioned offi-
                                                                                                      COMMUNICATIONS AND PROHIBITION OF RETAL-                              decisions.’’.
                                             cer corps of the National Oceanic and Atmos-
                                             pheric Administration’’ after ‘‘in the case of           IATORY PERSONNEL ACTIONS.—The Secretary                 Subtitle C—Appointments and Promotion of
                                             the Navy’’; and                                          may prescribe regulations to carry out the                                  Officers
                                                (ii) by striking ‘‘other armed forces’’ and           application of section 1034 of title 10, United        SEC. 1731. APPOINTMENTS.
                                             inserting ‘‘other uniformed services’’; and              States Code, to the commissioned officer                 (a) ORIGINAL APPOINTMENTS.—Section 221
                                                (B) in subsection (b)(1), in the matter be-           corps of the Administration, including by              (33 U.S.C. 3021) is amended to read as follows:
                                             fore subparagraph (A), by inserting ‘‘or the             prescribing such administrative procedures             ‘‘SEC. 221. ORIGINAL APPOINTMENTS AND RE-
                                             Secretary of Commerce, as applicable,’’ after            for investigation and appeal within the com-                        APPOINTMENTS.
                                             ‘‘the Secretary of Defense’’.                            missioned officer corps as the Secretary con-             ‘‘(a) ORIGINAL APPOINTMENTS.—
                                                                                                      siders appropriate.’’.                                    ‘‘(1) GRADES.—
                                             SEC. 1726. APPLICABILITY OF CERTAIN PROVI-
                                                                                                      SEC. 1728. APPLICATION OF CERTAIN PROVI-                  ‘‘(A) IN GENERAL.—Except as provided in
                                                         SIONS OF TITLE 37, UNITED STATES
                                                         CODE.
                                                                                                                 SIONS OF COMPETITIVE SERVICE                subparagraph (B), an original appointment of
                                                                                                                 LAW.                                        an officer may be made in such grades as
                                               (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071               Section 3304(f) of title 5, United States            may be appropriate for—
                                             et seq.) is amended by inserting after section           Code, is amended—                                        ‘‘(i) the qualification, experience, and
                                             261 the following:                                         (1) in paragraph (1), by inserting ‘‘and             length of service of the appointee; and
                                             ‘‘SEC. 261A. APPLICABILITY OF CERTAIN PROVI-             members of the commissioned officer corps                ‘‘(ii) the commissioned officer corps of the
                                                          SIONS OF TITLE 37, UNITED STATES            of the National Oceanic and Atmospheric Ad-            Administration.
                                                          CODE.                                       ministration (or its predecessor organization            ‘‘(B)    APPOINTMENT     OF   OFFICER    CAN-
                                               ‘‘(a) PROVISIONS MADE APPLICABLE TO COM-               the Coast and Geodetic Survey) separated               DIDATES.—
                                             MISSIONED OFFICER CORPS.—The provisions of               from such uniformed service’’ after ‘‘sepa-              ‘‘(i) LIMITATION ON GRADE.—An original ap-
                                             law applicable to the Armed Forces under                 rated from the armed forces’’;                         pointment of an officer candidate, upon grad-
                                             the following provisions of title 37, United               (2) in paragraph (2), by striking ‘‘or vet-          uation from the basic officer training pro-
                                             States Code, shall apply to the commissioned             eran’’ and inserting ‘‘, veteran, or member’’;         gram of the commissioned officer corps of
                                             officer corps of the Administration:                     and                                                    the Administration, may not be made in any
                                               ‘‘(1) Section 324, relating to accession bo-             (3) in paragraph (4), by inserting ‘‘and             other grade than ensign.
                                             nuses for new officers in critical skills.               members of the commissioned officer corps                ‘‘(ii) RANK.—Officer candidates receiving
                                               ‘‘(2) Section 403(f)(3), relating to pre-              of the National Oceanic and Atmospheric Ad-            appointments as ensigns upon graduation
                                             scribing regulations defining the terms ‘field           ministration (or its predecessor organization          from the basic officer training program shall
                                             duty’ and ‘sea duty’.                                    the Coast and Geodetic Survey) separated               take rank according to their proficiency as
                                               ‘‘(3) Section 403(l), relating to temporary            from such uniformed service’’ after ‘‘sepa-            shown by the order of their merit at date of
                                             continuation of housing allowance for de-                rated from the armed forces’’.                         graduation.
                                             pendents of members dying on active duty.                SEC. 1729. EMPLOYMENT AND REEMPLOYMENT                   ‘‘(2) SOURCE OF APPOINTMENTS.—An original
                                               ‘‘(4) Section 415, relating to initial uniform                     RIGHTS.                                    appointment may be made from among the
                                             allowances.                                                Section 4303(16) of title 38, United States          following:
                                               ‘‘(5) Section 488, relating to allowances for          Code, is amended by inserting ‘‘the commis-              ‘‘(A) Graduates of the basic officer training
                                             recruiting expenses.                                     sioned officer corps of the National Oceanic           program of the commissioned officer corps of
                                               ‘‘(6) Section 495, relating to allowances for          and Atmospheric Administration,’’ after                the Administration.
                                             funeral honors duty.                                     ‘‘Public Health Service,’’.                              ‘‘(B) Graduates of the military service
                                               ‘‘(b) REFERENCES.—The authority vested by                                                                     academies of the United States who other-
                                                                                                      SEC. 1730. TREATMENT OF COMMISSION IN COM-
                                             title 37, United States Code, in the ‘military                       MISSIONED OFFICER CORPS FOR                wise meet the academic standards for enroll-
                                             departments’, ‘the Secretary concerned’, or                          PURPOSES OF CERTAIN HIRING DE-             ment in the training program described in
                                             ‘the Secretary of Defense’ with respect to                           CISIONS.                                   subparagraph (A).
                                             the provisions of law referred to in sub-                  (a) IN GENERAL.—Subtitle E (33 U.S.C. 3071             ‘‘(C) Graduates of the maritime academies
                                             section (a) shall be exercised, with respect to          et seq.), as amended by this title, is further         of the States who—
                                             the commissioned officer corps of the Ad-                amended by adding at the end the following:              ‘‘(i) otherwise meet the academic stand-
                                             ministration, by the Secretary of Commerce               ‘‘SEC. 269A. TREATMENT OF COMMISSION IN COM-           ards for enrollment in the training program
                                             or the Secretary’s designee.’’.                                        MISSIONED OFFICER CORPS AS EM-           described in subparagraph (A);
                                                                                                                    PLOYMENT   IN   ADMINISTRATION             ‘‘(ii) completed at least three years of regi-
                                               (b) PERSONAL MONEY ALLOWANCE.—Section
                                                                                                                    FOR PURPOSES OF CERTAIN HIRING           mented training while at a maritime acad-
                                             414(a)(2) of title 37, United States Code, is                          DECISIONS.                               emy of a State; and
                                             amended by inserting ‘‘or the director of the
                                                                                                         ‘‘(a) IN GENERAL.—In any case in which the            ‘‘(iii) obtained an unlimited tonnage or un-
                                             commissioned officer corps of the National
                                                                                                      Secretary accepts an application for a posi-           limited horsepower Merchant Mariner Cre-
                                             Oceanic and Atmospheric Administration’’
                                                                                                      tion of employment with the Administration             dential from the United States Coast Guard.
                                             after ‘‘Health Service’’.
                                                                                                      and limits consideration of applications for             ‘‘(D) Licensed officers of the United States
                                               (c) CLERICAL AMENDMENT.—The table of                   such position to applications submitted by             merchant marine who have served two or
                                             contents in section 1 of the Act entitled ‘‘An           individuals serving in a career or career-con-         more years aboard a vessel of the United
                                             Act to authorize the Hydrographic Services               ditional position in the competitive service           States in the capacity of a licensed officer,




dlhill on DSK120RN23PROD with SENATE
                                             Improvement Act of 1998, and for other pur-              within the Administration, the Secretary               who otherwise meet the academic standards
                                             poses’’ (Public Law 107–372) is amended by in-           shall deem an officer who has served as an             for enrollment in the training program de-
                                             serting after the item relating to section 261           officer in the commissioned officer corps for          scribed in subparagraph (A).
                                             the following:                                           at least three years to be serving in a career           ‘‘(3) DEFINITIONS.—In this subsection:
                                             ‘‘Sec. 261A. Applicability of certain provi-             or career-conditional position in the com-               ‘‘(A) MARITIME ACADEMIES OF THE STATES.—
                                                           sions of title 37, United States           petitive service within the Administration             The term ‘maritime academies of the States’
                                                           Code.’’.                                   for purposes of such limitation.                       means the following:




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                                             June 30, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                        S4067
                                               ‘‘(i) California Maritime Academy, Vallejo,            officers who are serving in or above the per-          SEC. 1734. TEMPORARY APPOINTMENTS.
                                             California.                                              manent grade of the officers under consider-             (a) IN GENERAL.—Section 229 (33 U.S.C.
                                               ‘‘(ii) Great Lakes Maritime Academy, Tra-              ation by the board.                                    3029) is amended to read as follows:
                                             verse City, Michigan.                                      ‘‘(2) RETIRED OFFICERS.—Officers on the re-          ‘‘SEC. 229. TEMPORARY APPOINTMENTS.
                                               ‘‘(iii) Maine Maritime Academy, Castine,               tired list may be recalled to serve on such               ‘‘(a) APPOINTMENTS BY PRESIDENT.—Tem-
                                             Maine.                                                   personnel boards as the Secretary considers            porary appointments in the grade of ensign,
                                               ‘‘(iv) Massachusetts Maritime Academy,                 necessary.                                             lieutenant junior grade, or lieutenant may
                                             Buzzards Bay, Massachusetts.                               ‘‘(3) NO MEMBERSHIP ON 2 SUCCESSIVE                  be made by the President.
                                               ‘‘(v) State University of New York Mari-               BOARDS.—No officer may be a member of two                ‘‘(b) TERMINATION.—A temporary appoint-
                                             time College, Fort Schuyler, New York.                   successive personnel boards convened to con-           ment to a position under subsection (a) shall
                                               ‘‘(vi) Texas A&M Maritime Academy, Gal-                sider officers of the same grade for pro-              terminate upon approval of a permanent ap-
                                             veston, Texas.                                           motion or separation.                                  pointment for such position made by the
                                               ‘‘(B) MILITARY SERVICE ACADEMIES OF THE                  ‘‘(c) DUTIES.—Each personnel board shall—            President.
                                                                                                                                                               ‘‘(c) ORDER OF PRECEDENCE.—Appointees
                                             UNITED STATES.—The term ‘military service                  ‘‘(1) recommend to the Secretary such
                                                                                                                                                             under subsection (a) shall take precedence in
                                             academies of the United States’ means the                changes as may be necessary to correct any
                                                                                                                                                             the grade to which appointed in accordance
                                             following:                                               erroneous position on the lineal list that was
                                                                                                                                                             with the dates of their appointments as offi-
                                               ‘‘(i) The United States Military Academy,              caused by administrative error; and                    cers in such grade. The order of precedence
                                             West Point, New York.                                      ‘‘(2) make selections and recommendations            of appointees who are appointed on the same
                                               ‘‘(ii) The United States Naval Academy,                to the Secretary and the President for the             date shall be determined by the Secretary.
                                             Annapolis, Maryland.                                     appointment, promotion, involuntary sepa-                ‘‘(d) ANY ONE GRADE.—When determined by
                                               ‘‘(iii) The United States Air Force Acad-              ration, continuation, and involuntary retire-          the Secretary to be in the best interest of
                                             emy, Colorado Springs, Colorado.                         ment of officers in the commissioned officer           the commissioned officer corps, officers in
                                               ‘‘(iv) The United States Coast Guard Acad-             corps of the Administration as prescribed in           any permanent grade may be temporarily
                                             emy, New London, Connecticut.                            this title.                                            promoted one grade by the President. Any
                                               ‘‘(v) The United States Merchant Marine                  ‘‘(d) ACTION ON RECOMMENDATIONS NOT AC-              such temporary promotion terminates upon
                                             Academy, Kings Point, New York.                          CEPTABLE.—If any recommendation by a                   the transfer of the officer to a new assign-
                                               ‘‘(b) REAPPOINTMENT.—                                  board convened under subsection (a) is not             ment.’’.
                                               ‘‘(1) IN GENERAL.—Except as provided in                accepted by the Secretary or the President,              (b) CLERICAL AMENDMENT.—The table of
                                             paragraph (2), an individual who previously              the board shall make such further rec-                 contents in section 1 of the Act entitled ‘‘An
                                             served in the commissioned officer corps of              ommendations as the Secretary or the Presi-            Act to authorize the Hydrographic Services
                                             the Administration may be appointed by the               dent considers appropriate.                            Improvement Act of 1998, and for other pur-
                                             Secretary to the grade the individual held                 ‘‘(e) AUTHORITY FOR OFFICERS TO OPT OUT              poses’’ (Public Law 107–372) is amended by
                                             prior to separation.                                     OF PROMOTION CONSIDERATION.—                           striking the item relating to section 229 and
                                               ‘‘(2) REAPPOINTMENTS TO HIGHER GRADES.—                  ‘‘(1) IN GENERAL.—The Director of the Na-            inserting the following:
                                             An appointment under paragraph (1) to a po-              tional Oceanic and Atmospheric Administra-             ‘‘Sec. 229. Temporary appointments.’’.
                                             sition of importance and responsibility des-             tion Commissioned Officer Corps may pro-               SEC. 1735. OFFICER CANDIDATES.
                                             ignated under section 228 may only be made               vide that an officer, upon the officer’s re-             (a) IN GENERAL.—Subtitle B (33 U.S.C. 3021
                                             by the President.                                        quest and with the approval of the Director,           et seq.) is amended by adding at the end the
                                               ‘‘(c)    QUALIFICATIONS.—An     appointment            be excluded from consideration for pro-                following:
                                             under subsection (a) or (b) may not be given             motion by a personnel board convened under             ‘‘SEC. 234. OFFICER CANDIDATES.
                                             to an individual until the individual’s men-             this section.                                             ‘‘(a) DETERMINATION OF NUMBER.—The Sec-
                                             tal, moral, physical, and professional fitness             ‘‘(2) APPROVAL.—The Director shall ap-               retary shall determine the number of ap-
                                             to perform the duties of an officer has been             prove a request made by an officer under               pointments of officer candidates.
                                             established under such regulations as the                paragraph (1) only if—                                   ‘‘(b) APPOINTMENT.—Appointment of officer
                                             Secretary shall prescribe.                                 ‘‘(A) the basis for the request is to allow          candidates shall be made under regulations,
                                               ‘‘(d) ORDER OF PRECEDENCE.—Appointees                  the officer to complete a broadening assign-           which the Secretary shall prescribe, includ-
                                             under this section shall take precedence in              ment, advanced education, another assign-              ing regulations with respect to determining
                                             the grade to which appointed in accordance               ment of significant value to the Administra-           age limits, methods of selection of officer
                                             with the dates of their commissions as com-              tion, a career progression requirement de-             candidates, term of service as an officer can-
                                             missioned officers in such grade. The order of           layed by the assignment or education, or a             didate before graduation from the basic offi-
                                             precedence of appointees whose dates of com-             qualifying personal or professional cir-               cer training program of the Administration,
                                             mission are the same shall be determined by              cumstance, as determined by the Director;              and all other matters affecting such appoint-
                                             the Secretary.                                             ‘‘(B) the Director determines the exclusion          ment.
                                               ‘‘(e) INTER-SERVICE TRANSFERS.—For inter-                                                                       ‘‘(c) DISMISSAL.—The Secretary may dis-
                                                                                                      from consideration is in the best interest of
                                             service transfers (as described in Department                                                                   miss from the basic officer training program
                                                                                                      the Administration; and
                                             of Defense Directive 1300.4 (dated December                                                                     of the Administration any officer candidate
                                                                                                        ‘‘(C) the officer has not previously failed
                                             27, 2006)) the Secretary shall—                                                                                 who, during the officer candidate’s term as
                                                                                                      selection for promotion to the grade for               an officer candidate, the Secretary considers
                                               ‘‘(1) coordinate with the Secretary of De-             which the officer requests the exclusion from
                                             fense and the Secretary of the Department in                                                                    unsatisfactory in either academics or con-
                                                                                                      consideration.’’.                                      duct, or not adapted for a career in the com-
                                             which the Coast Guard is operating to pro-               SEC. 1733. POSITIONS OF IMPORTANCE AND RE-
                                             mote and streamline inter-service transfers;                                                                    missioned officer corps of the Administra-
                                                                                                                  SPONSIBILITY.                              tion. Officer candidates shall be subject to
                                               ‘‘(2) give preference to such inter-service              Section 228 (33 U.S.C. 3028) is amended—
                                             transfers for recruitment purposes as deter-                                                                    rules governing discipline prescribed by the
                                                                                                        (1) in subsection (c)—                               Director of the National Oceanic and Atmos-
                                             mined appropriate by the Secretary; and                    (A) in the first sentence, by striking ‘‘The         pheric Administration Commissioned Officer
                                               ‘‘(3) reappoint such inter-service transfers           Secretary shall designate one position under           Corps.
                                             to the equivalent grade in the commissioned              this section’’ and inserting ‘‘The President             ‘‘(d) AGREEMENT.—
                                             officer corps.’’.                                        shall designate one position’’; and                      ‘‘(1) IN GENERAL.—Each officer candidate
                                               (b) CLERICAL AMENDMENT.—The table of
                                                                                                        (B) in the second sentence, by striking              shall sign an agreement with the Secretary
                                             contents in section 1 of the Act entitled ‘‘An
                                                                                                      ‘‘That position shall be filled by’’ and insert-       in accordance with section 216(a)(2) regard-
                                             Act to authorize the Hydrographic Services
                                                                                                      ing ‘‘The President shall fill that position by        ing the officer candidate’s term of service in
                                             Improvement Act of 1998, and for other pur-
                                                                                                      appointing, by and with the advice and con-            the commissioned officer corps of the Ad-
                                             poses’’ (Public Law 107–372) is amended by
                                                                                                      sent of the Senate,’’;                                 ministration.
                                             striking the item relating to section 221 and
                                                                                                        (2) in subsection (d)(2), by inserting ‘‘or im-        ‘‘(2) ELEMENTS.—An agreement signed by
                                             inserting the following:
                                                                                                      mediately beginning a period of terminal               an officer candidate under paragraph (1)
                                             ‘‘Sec. 221. Original appointments and re-                leave’’ after ‘‘for which a higher grade is des-       shall provide that the officer candidate
                                                            appointments.’’.                          ignated’’;                                             agrees to the following:
                                             SEC. 1732. PERSONNEL BOARDS.                               (3) by amending subsection (e) to read as              ‘‘(A) That the officer candidate will com-
                                               Section 222 (33 U.S.C. 3022) is amended to             follows:                                               plete the course of instruction at the basic
                                             read as follows:                                           ‘‘(e) LIMIT ON NUMBER OF OFFICERS AP-                officer training program of the Administra-
                                             ‘‘SEC. 222. PERSONNEL BOARDS.                            POINTED.—The total number of officers serv-            tion.




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                                                ‘‘(a) CONVENING.—Not less frequently than             ing on active duty at any one time in the                ‘‘(B) That upon graduation from such pro-
                                             once each year and at such other times as                grade of rear admiral (lower half) or above            gram, the officer candidate—
                                             the Secretary determines necessary, the Sec-             may not exceed five, with only one serving in            ‘‘(i) will accept an appointment, if ten-
                                             retary shall convene a personnel board.                  the grade of vice admiral.’’; and                      dered, as an officer; and
                                               ‘‘(b) MEMBERSHIP.—                                       (4) in subsection (f), by inserting ‘‘or in a          ‘‘(ii) will serve on active duty for at least
                                               ‘‘(1) IN GENERAL.—A board convened under               period of annual leave used at the end of the          four years immediately after such appoint-
                                             subsection (a) shall consist of five or more             appointment’’ after ‘‘serving in that grade’’.         ment.




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                                             S4068                                             CONGRESSIONAL RECORD — SENATE                                                            June 30, 2020
                                                ‘‘(e) REGULATIONS.—The Secretary shall                of such period of inactivation from active             with an agreement for a special or incentive
                                             prescribe regulations to carry out this sec-             duty.                                                  pay or bonus under chapter 5 of title 37,
                                             tion. Such regulations shall include—                      ‘‘(b) PERIOD OF INACTIVATION FROM ACTIVE             United States Code, that is in force when the
                                                ‘‘(1) standards for determining what con-             DUTY; EFFECT OF INACTIVATION.—                         officer commences participation in the pro-
                                             stitutes a breach of an agreement signed                   ‘‘(1) IN GENERAL.—The period of inactiva-            gram.
                                             under subsection (d)(1); and                             tion from active duty under a program under              ‘‘(3) RETURN TO ACTIVE DUTY.—
                                                ‘‘(2) procedures for determining whether              this section of an officer participating in the          ‘‘(A) SPECIAL OR INCENTIVE PAY OR BONUS.—
                                             such a breach has occurred.                              program shall be such period as the Sec-               Subject to subparagraph (B), upon the return
                                                ‘‘(f) REPAYMENT.—An officer candidate or              retary shall specify in the agreement of the           of an officer to active duty after completion
                                             former officer candidate who does not fulfill            officer under subsection (c), except that such         by the officer of participation in a program
                                             the terms of the obligation to serve as speci-           period may not exceed three years.                     under this section—
                                             fied under subsection (d) shall be subject to              ‘‘(2) EXCLUSION FROM RETIREMENT.—Any pe-               ‘‘(i) any agreement entered into by the of-
                                             the repayment provisions of section 216(b).’’.           riod of participation of an officer in a pro-          ficer under chapter 5 of title 37, United
                                                (b) CLERICAL AMENDMENT.—The table of                  gram under this section shall not count to-            States Code, for the payment of a special or
                                             contents in section 1 of the Act entitled ‘‘An           ward eligibility for retirement or computa-            incentive pay or bonus that was in force
                                             Act to authorize the Hydrographic Services               tion of retired pay under subtitle C.                  when the officer commenced participation in
                                             Improvement Act of 1998, and for other pur-                ‘‘(c) AGREEMENT.—Each officer who partici-           the program shall be revived, with the term
                                             poses’’ (Public Law 107–372) is amended by in-           pates in a program under this section shall            of such agreement after revival being the pe-
                                             serting after the item relating to section 233           enter into a written agreement with the Sec-           riod of the agreement remaining to run when
                                             the following:                                           retary under which that officer shall agree            the officer commenced participation in the
                                                                                                      as follows:                                            program; and
                                             ‘‘Sec. 234. Officer candidates.’’.                         ‘‘(1) To undergo during the period of the in-          ‘‘(ii) any special or incentive pay or bonus
                                                (c) OFFICER CANDIDATE DEFINED.—Section
                                                                                                      activation of the officer from active duty             shall be payable to the officer in accordance
                                             212(b) (33 U.S.C. 3002(b)) is amended—
                                                                                                      under the program such inactive duty train-            with the terms of the agreement concerned
                                                (1) by redesignating paragraphs (4) through
                                                                                                      ing as the Director of the National Oceanic            for the term specified in clause (i).
                                             (6) as paragraphs (5) through (7), respec-
                                                                                                      and Atmospheric Administration Commis-                   ‘‘(B) LIMITATION.—
                                             tively; and
                                                                                                      sioned Officer Corps shall require in order to           ‘‘(i) IN GENERAL.—Subparagraph (A) shall
                                                (2) by inserting after paragraph (3) the fol-
                                                                                                      ensure that the officer retains proficiency, at        not apply to any special or incentive pay or
                                             lowing:
                                                                                                      a level determined by the Director to be suf-          bonus otherwise covered by that subpara-
                                                ‘‘(4) OFFICER CANDIDATE.—The term ‘officer                                                                   graph with respect to an officer if, at the
                                                                                                      ficient, in the technical skills, professional
                                             candidate’ means an individual who is en-                                                                       time of the return of the officer to active
                                                                                                      qualifications, and physical readiness of the
                                             rolled in the basic officer training program                                                                    duty as described in that subparagraph—
                                                                                                      officer during the inactivation of the officer
                                             of the Administration and is under consider-                                                                      ‘‘(I) such pay or bonus is no longer author-
                                                                                                      from active duty.
                                             ation for appointment as an officer under                                                                       ized by law; or
                                                                                                        ‘‘(2) Following completion of the period of
                                             section 221(a)(2)(A).’’.                                                                                          ‘‘(II) the officer does not satisfy eligibility
                                                                                                      the inactivation of the officer from active
                                                (d) PAY FOR OFFICER CANDIDATES.—Section                                                                      criteria for such pay or bonus as in effect at
                                                                                                      duty under the program, to serve two
                                             203 of title 37, United States Code, is amend-                                                                  the time of the return of the officer to active
                                                                                                      months on active duty for each month of the
                                             ed by adding at the end the following:                                                                          duty.
                                                                                                      period of the inactivation of the officer from
                                                ‘‘(f)(1) An officer candidate enrolled in the                                                                  ‘‘(ii) PAY OR BONUS CEASES BEING AUTHOR-
                                                                                                      active duty under the program.
                                             basic officer training program of the com-                 ‘‘(d) CONDITIONS OF RELEASE.—The Sec-                IZED.—Subparagraph (A) shall cease to apply
                                             missioned officer corps of the National Oce-             retary shall—                                          to any special or incentive pay or bonus oth-
                                             anic and Atmospheric Administration is en-                 ‘‘(1) prescribe regulations specifying the           erwise covered by that subparagraph with re-
                                             titled, while participating in such program,             guidelines regarding the conditions of re-             spect to an officer if, during the term of the
                                             to monthly officer candidate pay at monthly              lease that must be considered and addressed            revived agreement of the officer under sub-
                                             rates equal to the basic pay of an enlisted              in the agreement required by subsection (c);           paragraph (A)(i), such pay or bonus ceases
                                             member in the pay grade E–5 with less than               and                                                    being authorized by law.
                                             two years of service.                                      ‘‘(2) at a minimum, prescribe the proce-               ‘‘(C) REPAYMENT.—An officer who is ineli-
                                                ‘‘(2) An individual who graduates from                dures and standards to be used to instruct an          gible for payment of a special or incentive
                                             such program shall receive credit for the                officer on the obligations to be assumed by            pay or bonus otherwise covered by this para-
                                             time spent participating in such program as              the officer under paragraph (1) of such sub-           graph by reason of subparagraph (B)(i)(II)
                                             if such time were time served while on active            section while the officer is released from ac-         shall be subject to the requirements for re-
                                             duty as a commissioned officer. If the indi-             tive duty.                                             payment of such pay or bonus in accordance
                                             vidual does not graduate from such program,                ‘‘(e) ORDER TO ACTIVE DUTY.—Under regu-              with the terms of the applicable agreement
                                             such time shall not be considered creditable             lations prescribed by the Secretary, an offi-          of the officer under chapter 5 of title 37,
                                             for active duty or pay.’’.                               cer participating in a program under this              United States Code.
                                             SEC. 1736. PROCUREMENT OF PERSONNEL.                     section may, in the discretion of the Sec-               ‘‘(D) REQUIRED SERVICE IS ADDITIONAL.—
                                               (a) IN GENERAL.—Subtitle B (33 U.S.C. 3021             retary, be required to terminate participa-            Any service required of an officer under an
                                             et seq.), as amended by section 1735(a), is fur-         tion in the program and be ordered to active           agreement covered by this paragraph after
                                             ther amended by adding at the end the fol-               duty.                                                  the officer returns to active duty as de-
                                             lowing:                                                    ‘‘(f) PAY AND ALLOWANCES.—                           scribed in subparagraph (A) shall be in addi-
                                             ‘‘SEC. 235. PROCUREMENT OF PERSONNEL.                      ‘‘(1) BASIC PAY.—During each month of par-           tion to any service required of the officer
                                                ‘‘The Secretary may make such expendi-                ticipation in a program under this section,            under an agreement under subsection (c).
                                             tures as the Secretary considers necessary in            an officer who participates in the program               ‘‘(4) TRAVEL AND TRANSPORTATION ALLOW-
                                                                                                      shall be paid basic pay in an amount equal to          ANCE.—
                                             order to obtain recruits for the commis-
                                             sioned officer corps of the Administration,              two-thirtieths of the amount of monthly                  ‘‘(A) IN GENERAL.—Subject to subparagraph
                                             including advertising.’’.                                basic pay to which the officer would other-            (B), an officer who participates in a program
                                                (b) CLERICAL AMENDMENT.—The table of                  wise be entitled under section 204 of title 37,        under this section is entitled, while partici-
                                             contents in section 1 of the Act entitled ‘‘An           United States Code, as a member of the uni-            pating in the program, to the travel and
                                             Act to authorize the Hydrographic Services               formed services on active duty in the grade            transportation allowances authorized by sec-
                                             Improvement Act of 1998, and for other pur-              and years of service of the officer when the           tion 474 of title 37, United States Code, for—
                                             poses’’ (Public Law 107–372), as amended by              officer commences participation in the pro-              ‘‘(i) travel performed from the residence of
                                             section 1735(b), is further amended by insert-           gram.                                                  the officer, at the time of release from active
                                             ing after the item relating to section 234 the             ‘‘(2) SPECIAL OR INCENTIVE PAY OR BONUS.—            duty to participate in the program, to the lo-
                                             following:                                                 ‘‘(A) PROHIBITION.—An officer who partici-           cation in the United States designated by
                                                                                                      pates in a program under this section shall            the officer as the officer’s residence during
                                             ‘‘235. Procurement of personnel.’’.                      not, while participating in the program, be            the period of participation in the program;
                                             SEC. 1737. CAREER INTERMISSION PROGRAM.                  paid any special or incentive pay or bonus to          and
                                               (a) IN GENERAL.—Subtitle B (33 U.S.C. 3021             which the officer is otherwise entitled under            ‘‘(ii) travel performed to the residence of
                                             et seq.), as amended by section 1736(a), is fur-         an agreement under chapter 5 of title 37,              the officer upon return to active duty at the
                                             ther amended by adding at the end the fol-               United States Code, that is in force when the          end of the participation of the officer in the
                                             lowing:                                                  officer commences participation in the pro-            program.




dlhill on DSK120RN23PROD with SENATE
                                             ‘‘SEC. 236. CAREER FLEXIBILITY TO ENHANCE RE-            gram.                                                    ‘‘(B) SINGLE RESIDENCE.—An allowance is
                                                           TENTION OF OFFICERS.                         ‘‘(B) NOT TREATED AS FAILURE TO PERFORM              payable under this paragraph only with re-
                                                ‘‘(a) PROGRAMS AUTHORIZED.—The Sec-                   SERVICES.—The inactivation from active                 spect to travel of an officer to and from a
                                             retary may carry out a program under which               duty of an officer participating in a program          single residence.
                                             officers may be inactivated from active duty             under this section shall not be treated as a             ‘‘(5) LEAVE BALANCE.—An officer who par-
                                             in order to meet personal or professional                failure of the officer to perform any period of        ticipates in a program under this section is
                                             needs and returned to active duty at the end             service required of the officer in connection          entitled to carry forward the leave balance




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                                             June 30, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                       S4069
                                             existing as of the day on which the officer                  Subtitle E—Other National Oceanic and              meet the objectives described in subpara-
                                             begins participation and accumulated in ac-                   Atmospheric Administration Matters                graphs (A) through (D) of subsection (c)(1); or
                                             cordance with section 701 of title 10, but not           SEC. 1751. CHARTING AND SURVEY SERVICES.                  ‘‘(B) any other type of project to meet
                                             to exceed 60 days.                                         (a) IN GENERAL.—Not later than 270 days              other mission objectives, as determined by
                                               ‘‘(g) PROMOTION.—                                      after the development of the strategy re-              the Under Secretary.’’;
                                               ‘‘(1) IN GENERAL.—An officer participating             quired by section 1002(b) of the Frank LoBi-              (B) in paragraph (2)(B)(i), by striking ‘‘sat-
                                             in a program under this section shall not,               ondo Coast Guard Authorization Act of 2018             ellites’’ and all that follows and inserting
                                             while participating in the program, be eligi-            (33 U.S.C. 892a note), the Secretary of Com-           ‘‘systems, including satellites, instrumenta-
                                             ble for consideration for promotion under                merce shall enter into not fewer than 2                tion, ground stations, data, and data proc-
                                             subtitle B.                                              multi-year contracts with 1 or more private            essing;’’; and
                                               ‘‘(2) RETURN TO SERVICE.—Upon the return               entities for the performance of charting and              (C) in paragraph (3), by striking ‘‘2023’’ and
                                             of an officer to active duty after completion            survey services by vessels.                            inserting ‘‘2030’’.
                                             by the officer of participation in a program               (b) CHARTING AND SURVEYS IN THE ARCTIC.—             SEC. 1754. IMPROVEMENTS RELATING TO SEXUAL
                                             under this section—                                      In soliciting and engaging the services of                          HARASSMENT AND ASSAULT PRE-
                                               ‘‘(A) the Secretary may adjust the date of             vessels under subsection (a), the Secretary                         VENTION AT THE NATIONAL OCE-
                                             rank of the officer in such manner as the                shall particularly emphasize the need for                           ANIC AND ATMOSPHERIC ADMINIS-
                                                                                                      charting and surveys in the Arctic.                                 TRATION.
                                             Secretary shall prescribe in regulations for
                                             purposes of this section; and                            SEC. 1752. LEASES AND CO-LOCATION AGREE-                 (a) ANONYMOUS REPORTING.—Subtitle C of
                                               ‘‘(B) the officer shall be eligible for consid-                   MENTS.                                      title XXXV of the National Defense Author-
                                             eration for promotion when officers of the                 (a) IN GENERAL.—Notwithstanding any                  ization Act for Fiscal Year 2017 (33 U.S.C. 894
                                             same competitive category, grade, and se-                other provision of law, in fiscal year 2020 and        et seq.) is amended—
                                             niority are eligible for consideration for pro-          each fiscal year thereafter, the Adminis-                (1) in section 3541(b)(3)(B) (33 U.S.C.
                                             motion.                                                  trator of the National Oceanic and Atmos-              894(b)(3)(B)), by striking ‘‘confidentially’’
                                               ‘‘(h) CONTINUED ENTITLEMENTS.—An officer               pheric Administration may execute non-                 and inserting ‘‘anonymously’’; and
                                             participating in a program under this section            competitive leases and co-location agree-                (2) in section 3542(b)(5)(B) (33 U.S.C.
                                             shall, while participating in the program, be            ments for real property and incidental goods           894a(b)(5)(B)), by striking ‘‘confidentially’’
                                             treated as a member of the uniformed serv-               and services with entities described in sub-           and inserting ‘‘anonymously’’.
                                             ices on active duty for a period of more than            section (b) for periods of not more than 30              (b) INVESTIGATIVE REQUIREMENT.—Such
                                             30 days for purposes of—                                 years, if each such lease or agreement is sup-         subtitle is amended—
                                               ‘‘(1) the entitlement of the officer and of            ported by a price reasonableness analysis.               (1) by redesignating sections 3546 and 3547
                                             the dependents of the officer to medical and               (b) ENTITIES DESCRIBED.—An entity de-                as sections 3548 and 3549, respectively; and
                                                                                                      scribed in this subsection is—                           (2) by inserting after section 3545 the fol-
                                             dental care under the provisions of chapter
                                                                                                        (1) the government of any State, territory,          lowing:
                                             55 of title 10; and
                                                                                                      possession, or locality of the United States;          ‘‘SEC. 3546. INVESTIGATION REQUIREMENT.
                                               ‘‘(2) retirement or separation for physical
                                                                                                        (2) any Tribal organization (as defined in              ‘‘(a) REQUIREMENT TO INVESTIGATE.—
                                             disability under the provisions of subtitle
                                                                                                      section 4 of the Indian Self-Determination                ‘‘(1) IN GENERAL.—The Secretary of Com-
                                             C.’’.
                                                                                                      and Education Assistance Act (25 U.S.C.                merce, acting through the Under Secretary
                                               (b) CLERICAL AMENDMENT.—The table of
                                                                                                      5304));                                                for Oceans and Atmosphere, shall ensure
                                             contents in section 1 of the Act entitled ‘‘An
                                                                                                        (3) any subdivision of—                              that each allegation of sexual harassment re-
                                             Act to authorize the Hydrographic Services
                                                                                                        (A) a government described in paragraph              ported under section 3541 and each allegation
                                             Improvement Act of 1998, and for other pur-
                                                                                                      (1); or                                                of sexual assault reported under section 3542
                                             poses’’ (Public Law 107–372), as amended by
                                                                                                        (B) an organization described in paragraph           is investigated thoroughly and promptly.
                                             section 1736(b), is further amended by insert-
                                                                                                      (2); or                                                  ‘‘(2) SENSE OF CONGRESS ON COMMENCEMENT
                                             ing after the item relating to section 235 the
                                                                                                        (4) any organization that is—                        OF INVESTIGATION.—It is the sense of Con-
                                             following:
                                                                                                        (A) organized under the laws of the United           gress that the Secretary should ensure that
                                             ‘‘Sec. 236. Career flexibility to enhance re-            States or any jurisdiction within the United
                                                             tention of officers.’’.                                                                         an investigation of an alleged sexual harass-
                                                                                                      States; and                                            ment reported under section 3541 or sexual
                                                Subtitle D—Separation and Retirement of                 (B) described in section 501(c) of the Inter-        assault reported under section 3542 com-
                                                                   Officers                           nal Revenue Code of 1986 and exempt from               mences not later than 48 hours after the
                                             SEC. 1741. INVOLUNTARY RETIREMENT OR SEPA-               tax under section 501(a) of such Code.                 time at which the allegation was reported.
                                                          RATION.                                       (c) FISCAL YEAR LIMITATION.—The obliga-
                                                                                                                                                               ‘‘(b) NOTIFICATION OF DELAY.—In any case
                                               Section 241 (33 U.S.C. 3041) is amended by             tion of amounts for leases and agreements
                                                                                                                                                             in which the time between the reporting of
                                             adding at the end the following:                         executed under subsection (a) is limited to
                                                                                                                                                             an alleged sexual harassment or sexual as-
                                                                                                      the fiscal year for which payments are due,
                                               ‘‘(d) DEFERMENT OF RETIREMENT OR SEPA-                                                                        sault under section 3541 or 3542, respectively,
                                                                                                      without regard to sections 1341(a)(1),
                                             RATION FOR MEDICAL REASONS.—                                                                                    and commencement of an investigation of
                                                                                                      1501(a)(1), 1502(a), and 1517(a) of title 31,
                                               ‘‘(1) IN GENERAL.—If the Secretary deter-                                                                     the allegation exceeds 48 hours, the Sec-
                                                                                                      United States Code.
                                             mines that the evaluation of the medical                   (d) COLLABORATION AGREEMENTS.—Upon                   retary shall notify the Committee on Com-
                                             condition of an officer requires hospitaliza-            the execution of a lease or agreement au-              merce, Science, and Transportation of the
                                             tion or medical observation that cannot be               thorized by subsection (a) with an entity, the         Senate and the Committee on Natural Re-
                                             completed with confidence in a manner con-               Administrator may enter into agreements                sources of the House of Representatives of
                                             sistent with the officer’s well-being before             with the entity to collaborate or engage in            the delay.
                                             the date on which the officer would other-               projects or programs on matters of mutual              ‘‘SEC. 3547. CRIMINAL REFERRAL.
                                             wise be required to retire or be separated               interest for periods not to exceed the term of           ‘‘If the Secretary of Commerce finds, pur-
                                             under this section, the Secretary may defer              the lease or agreement. The cost of such               suant to an investigation under section 3546,
                                             the retirement or separation of the officer.             agreements shall be apportioned equitably,             evidence that a crime may have been com-
                                               ‘‘(2) CONSENT REQUIRED.—A deferment may                as determined by the Administrator.                    mitted, the Secretary shall refer the matter
                                             only be made with the written consent of the             SEC. 1753. SATELLITE AND DATA MANAGEMENT.              to the appropriate law enforcement authori-
                                             officer involved. If the officer does not pro-             Section 301 of the Weather Research and              ties, including the appropriate United States
                                             vide written consent to the deferment, the               Forecasting Innovation Act of 2017 (15 U.S.C.          Attorney.’’.
                                             officer shall be retired or separated as sched-          8531) is amended—                                        (c) CLERICAL AMENDMENT.—The table of
                                             uled.                                                      (1) in subsection (c)(1), by striking subpara-       contents in section 2(b) of such Act is
                                               ‘‘(3) LIMITATION.—A deferment of retire-               graph (D) and inserting the following:                 amended by striking the items relating to
                                             ment or separation under this subsection                   ‘‘(D) improve—                                       sections 3546 and 3547 and inserting the fol-
                                             may not extend for more than 30 days after                 ‘‘(i) weather and climate forecasting and            lowing new items:
                                             completion of the evaluation requiring hos-              predictions; and                                       ‘‘Sec. 3546. Investigation requirement.
                                             pitalization or medical observation.’’.                    ‘‘(ii) the understanding, management, and            ‘‘Sec. 3547. Criminal referral.
                                             SEC. 1742. SEPARATION PAY.                               exploration of the ocean.’’; and                       ‘‘Sec. 3548. Annual report on sexual assaults
                                               Section 242 (33 U.S.C. 3042) is amended by               (2) in subsection (d)—                                              in the National Oceanic and At-
                                             adding at the end the following:                           (A) in paragraph (1)—                                               mospheric Administration.
                                               ‘‘(d) EXCEPTION.—An officer discharged for               (i) by striking ‘‘data and satellite systems’’       ‘‘Sec. 3549. Sexual assault defined.’’.




dlhill on DSK120RN23PROD with SENATE
                                             twice failing selection for promotion to the             and inserting ‘‘data, satellite, and other ob-         SEC. 1755. UPDATE TO ENVIRONMENTAL SENSI-
                                             next higher grade is not entitled to separa-             serving systems’’; and                                             TIVITY INDEX PRODUCTS OF NA-
                                             tion pay under this section if the officer—                (ii) by striking ‘‘to carry out’’ and all that                   TIONAL   OCEANIC   AND   ATMOS-
                                               ‘‘(1) expresses a desire not to be selected            follows and inserting the following: ‘‘to                          PHERIC    ADMINISTRATION   FOR
                                             for promotion; or                                        carry out—                                                         GREAT LAKES.
                                               ‘‘(2) requests removal from the list of se-              ‘‘(A) basic, applied, and advanced research            (a) UPDATE REQUIRED FOR ENVIRONMENTAL
                                             lectees.’’.                                              projects and ocean exploration missions to             SENSITIVITY INDEX PRODUCTS FOR GREAT




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                                             S4070                                             CONGRESSIONAL RECORD — SENATE                                                           June 30, 2020
                                             LAKES.—Not later than 180 days after the                   (5) Total force integration and general offi-        year, and for other purposes; which was
                                             date of the enactment of this Act, the Under             cer progression for the Marine Corps, includ-          ordered to lie on the table; as follows:
                                             Secretary for Oceans and Atmosphere shall                ing with respect to the reserve components.
                                             commence updating the environmental sen-                   (b) APPLICABILITY.—The prohibition under               At the end of subtitle G of title X, add the
                                             sitivity index products of the National Oce-             subsection (a) shall apply with respect to—            following:
                                             anic and Atmospheric Administration for                    (1) any action that is not completed as of           SEC. 1085. STUDY ON USE OF EMERGING TECH-
                                             each coastal area of the Great Lakes.                    the date of the enactment of this Act; and                         NOLOGIES BY U.S. CUSTOMS AND
                                                (b) PERIODIC UPDATES FOR ENVIRONMENTAL                  (2) any action commencing after such date.                       BORDER PROTECTION.
                                             SENSITIVITY INDEX PRODUCTS GENERALLY.—                                                                            (a) STUDY.—The Commissioner of U.S. Cus-
                                             Subject to the availability of appropriations              SA 2370. Mrs. BLACKBURN (for her-
                                                                                                                                                             toms and Border Protection shall carry out a
                                             and the priorities set forth in subsection (c),          self, Mr. THUNE, Mr. GARDNER, Mr.                      study, in consultation with appropriate pri-
                                             the Under Secretary shall—                               CRAMER, Mr. JOHNSON, Mr. CORNYN, and                   vate sector stakeholders and the heads of
                                                (1) periodically update the environmental             Mr. LEE) submitted an amendment in-                    other Federal agencies, with respect to—
                                             sensitivity index products of the Administra-            tended to be proposed to amendment                       (1) the status of implementation and inter-
                                             tion; and                                                SA 2301 proposed by Mr. INHOFE to the                  nal use of emerging technologies, including
                                                (2) endeavor to do so not less frequently                                                                    blockchain technology and other innovative
                                                                                                      bill S. 4049, to authorize appropriations
                                             than once every 7 years.                                                                                        technologies, within U.S. Customs and Bor-
                                                (c) PRIORITIES.—When prioritizing geo-                for fiscal year 2021 for military activi-
                                                                                                      ties of the Department of Defense, for                 der Protection; and
                                             graphic areas to update environmental sensi-                                                                      (2) how applications of blockchain tech-
                                             tivity index products, the Under Secretary               military construction, and for defense
                                                                                                                                                             nology, cloud and edge computing, and other
                                             shall consider—                                          activities of the Department of Energy,                innovative technologies can—
                                                (1) the age of existing environmental sensi-          to    prescribe     military    personnel                (A) make the data analysis of U.S. Cus-
                                             tivity index products for the areas;                     strengths for such fiscal year, and for                toms and Border Protection more efficient
                                                (2) the occurrence of extreme events, be it           other purposes; which was ordered to                   and effective;
                                             natural or man-made, which have signifi-                 lie on the table; as follows:                            (B) be used to support strategic initiatives
                                             cantly altered the shoreline or ecosystem                                                                       of U.S. Customs and Border Protection; and
                                                                                                         In section 212, strike subsection (c) and in-
                                             since the last update;                                                                                            (C) be further leveraged to improve the in-
                                                                                                      sert the following:
                                                (3) the natural variability of shoreline and                                                                 formed compliance model of U.S. Customs
                                                                                                         (c) CROSS-FUNCTIONAL TEAM FOR FIFTH-GEN-
                                             coastal environments; and                                ERATION WIRELESS NETWORKING.—                          and Border Protection and enhance the
                                                (4) the volume of vessel traffic and general             (1) ESTABLISHMENT REQUIRED.—The Sec-                transparency of supply chains.
                                             vulnerability to spilled pollutants.                     retary of Defense shall, in accordance with
                                                (d) ENVIRONMENTAL SENSITIVITY INDEX                                                                            (b) REPORT.—Not later than 180 days after
                                                                                                      section 911(c) of the National Defense Au-             the date of the enactment of this Act, the
                                             PRODUCT DEFINED.—In this section, the term
                                                                                                      thorization Act for Fiscal Year 2017 (Public           Commissioner shall submit to the appro-
                                             ‘‘environmental sensitivity index product’’
                                                                                                      Law 114–328; 10 U.S.C. 111 note), establish a          priate congressional committees a report to
                                             means a map or similar tool that is utilized
                                                                                                      cross-functional team for fifth-generation             containing—
                                             to identify sensitive shoreline, coastal, or
                                                                                                      wireless networking in order—                            (1) all findings and determinations made in
                                             offshore resources prior to an oil spill event
                                                                                                         (A) to advance the adoption of commer-              carrying out the study required under sub-
                                             in order to set baseline priorities for protec-
                                                                                                      cially available next generation wireless              section (a); and
                                             tion and plan cleanup strategies, typically
                                                                                                      communication technologies, capabilities,                (2) any recommendations identified in car-
                                             including information relating to shoreline
                                                                                                      security, and applications by the Depart-              rying out the study for using blockchain
                                             type, biological resources, and human use re-
                                                                                                      ment of Defense and the defense industrial             technology and other innovative tech-
                                             sources.
                                                                                                      base; and                                              nologies with respect to efforts by U.S. Cus-
                                                (e) AUTHORIZATION OF APPROPRIATIONS.—
                                                                                                         (B) to support public-private partnership           toms and Border Protection—
                                                (1) IN GENERAL.—There is authorized to be
                                                                                                      between the Department and industry re-                  (A) to combat money laundering and other
                                             appropriated      to   the   Under    Secretary
                                                                                                      garding     fifth-generation    wireless    net-       forms of illicit finance; and
                                             $7,500,000 to carry out subsection (a).
                                                                                                      working.                                                 (B) to detect and deter trade-based money
                                                (2) AVAILABILITY.—Amounts appropriated
                                                                                                         (2) PURPOSE.—The purpose of the cross-              laundering, the distribution of counterfeit
                                             or otherwise made available pursuant to
                                                                                                      functional team established pursuant to                goods, and goods made with convict labor,
                                             paragraph (1) shall be available to the Under
                                                                                                      paragraph (1) shall be the—                            forced labor, or indentured labor.
                                             Secretary for the purposes set forth in such
                                                                                                         (A) oversight of the implementation of the
                                             paragraph until expended.                                                                                         (c) DEFINITIONS.—In this section:
                                                                                                      strategy developed as required by section 254
                                                                                                                                                               (1) APPROPRIATE CONGRESSIONAL COMMIT-
                                               SA 2369. Mr. CASSIDY submitted an                      of the National Defense Authorization Act
                                                                                                                                                             TEES.—The term ‘‘appropriate congressional
                                                                                                      for Fiscal Year 2020 (Public Law 116–92) for
                                             amendment intended to be proposed by                     harnessing fifth-generation wireless net-
                                                                                                                                                             committees’’ means the Committee on
                                             him to the bill S. 4049, to authorize ap-                                                                       Homeland Security and Governmental Af-
                                                                                                      working technologies, coordinated across all
                                             propriations for fiscal year 2021 for                                                                           fairs of the Senate and the Committee on
                                                                                                      relevant elements of the Department;
                                             military activities of the Department                                                                           Homeland Security of the House of Rep-
                                                                                                         (B) coordination of research and develop-
                                                                                                                                                             resentatives.
                                             of Defense, for military construction,                   ment, implementation and acquisition ac-
                                                                                                                                                               (2) INFORMED COMPLIANCE MODEL.—The
                                             and for defense activities of the De-                    tivities, warfighting concept development,
                                                                                                                                                             term ‘‘informed compliance model’’ means a
                                             partment of Energy, to prescribe mili-                   spectrum policy, industrial policy and com-
                                                                                                                                                             model based on shared responsibility be-
                                             tary personnel strengths for such fiscal                 mercial outreach and partnership relating to
                                                                                                                                                             tween U.S. Customs and Border Protection
                                                                                                      fifth-generation wireless networking in the
                                             year, and for other purposes; which was                  Department, and interagency and inter-
                                                                                                                                                             and importers under which—
                                             ordered to lie on the table; as follows:                                                                          (A) U.S. Customs and Border Protection ef-
                                                                                                      national engagement;
                                               At the end of subtitle E of title X, add the                                                                  fectively communicates its requirements to
                                                                                                         (C) integration of the Department’s fifth-
                                             following:                                                                                                      importers; and
                                                                                                      generation wireless networking programs
                                                                                                                                                               (B) importers conduct their activities in
                                             SEC. 1052. LIMITATION ON REALIGNMENT OF MA-              and policies with major Department initia-
                                                          RINE FORCES NORTH COMMAND.                                                                         accordance with those requirements and the
                                                                                                      tives, programs, and policies surrounding se-
                                               (a) IN GENERAL.—The Secretary of Defense                                                                      statutes and regulations of the United
                                                                                                      cure microelectronics and command and con-
                                             may not realign Marine Forces North Com-                                                                        States.
                                                                                                      trol; and
                                             mand from New Orleans, Louisiana, to Nor-                   (D) oversight, coordination, execution, and
                                             folk, Virginia, until the Secretary submits              leadership of initiatives to advance fifth-gen-          SA 2372. Ms. MCSALLY submitted an
                                             to the Committees on Armed Services of the               eration wireless network technologies and              amendment intended to be proposed to
                                             Senate and the House of Representatives a                associated applications developed for the De-          amendment SA 2301 proposed by Mr.
                                             report addressing the impact of the proposed             partment.                                              INHOFE to the bill S. 4049, to authorize
                                             realignment on the following:
                                               (1) The readiness of the Armed Forces.                   SA 2371. Mr. CASSIDY submitted an                    appropriations for fiscal year 2021 for
                                               (2) The National Defense Strategy and sup-             amendment intended to be proposed to                   military activities of the Department
                                             porting service strategies.                              amendment SA 2301 proposed by Mr.                      of Defense, for military construction,
                                               (3) The organizational structure for the               INHOFE to the bill S. 4049, to authorize               and for defense activities of the De-




dlhill on DSK120RN23PROD with SENATE
                                             Marine Corps and the administrative con-                 appropriations for fiscal year 2021 for                partment of Energy, to prescribe mili-
                                             trol, operational control, and tactical con-                                                                    tary personnel strengths for such fiscal
                                                                                                      military activities of the Department
                                             trol relationships.                                                                                             year, and for other purposes; which was
                                               (4) Long-term costs for the Marine Corps,              of Defense, for military construction,
                                                                                                      and for defense activities of the De-                  ordered to lie on the table; as follows:
                                             including an assessment of any requirements
                                             for new infrastructure or relocation of equip-           partment of Energy, to prescribe mili-                   At the end of subtitle G of title X, add the
                                             ment and assets.                                         tary personnel strengths for such fiscal               following:




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                                             June 30, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                      S4071
                                             SEC. 1085. AMENDMENTS TO DEFENSE PRODUC-                   ‘‘(c) APPROPRIATE MEMBERS OF CONGRESS.—              nance, Army, strike the amount in the Sen-
                                                         TION ACT OF 1950 TO ENSURE SUP-              The term ‘appropriate Members of Congress’             ate     Authorized      column    and     insert
                                                         PLY OF CERTAIN MEDICAL PROD-
                                                                                                      means—                                                 ‘‘40,206,327’’.
                                                         UCTS ESSENTIAL TO NATIONAL DE-
                                                         FENSE.                                         ‘‘(1) the Speaker, majority leader, and mi-             In the funding table in section 4301 for Op-
                                               (a) STATEMENT OF POLICY.—Section 2(b) of               nority leader of the House of Representa-              eration and Maintenance, Defense-Wide re-
                                             the Defense Production Act of 1950 (50 U.S.C.            tives;                                                 lating to Operating Forces, in the item relat-
                                             4502(b)) is amended—                                       ‘‘(2) the majority leader and minority lead-         ing to Joint Chiefs of Staff, strike the
                                               (1) by redesignating paragraphs (3) through            er of the Senate;                                      amount in the Senate Authorized column
                                             (8) as paragraphs (4) through (9), respec-                 ‘‘(3) the chairman and ranking member of             and insert ‘‘378,111’’.
                                             tively; and                                              the Committee on Financial Services of the                In the funding table in section 4301 for Op-
                                               (2) by inserting after paragraph (2) the fol-          House of Representatives; and                          eration and Maintenance, Defense-Wide re-
                                             lowing:                                                    ‘‘(4) the chairman and ranking member of             lating to Operating Forces, in the item relat-
                                               ‘‘(3) authorities under this Act should be             the Committee on Banking, Housing, and                 ing to Subtotal Operating Forces, strike the
                                             used when appropriate to ensure the avail-               Urban Affairs of the Senate.’’.                        amount in the Senate Authorized column
                                             ability of medical products essential to na-                                                                    and insert ‘‘7,111,746’’.
                                             tional defense, including through measures                 SA 2373. Ms. KLOBUCHAR (for her-                        In the funding table in section 4301 for Op-
                                             designed to secure the drug and medical de-              self and Mr. LANKFORD) submitted an                    eration and Maintenance, Defense-Wide re-
                                             vice supply chains, and taking into consider-            amendment intended to be proposed by                   lating to Administrative and Service-Wide
                                             ation the importance of United States com-               her to the bill S. 4049, to authorize ap-              Activities, in the item relating to Defense
                                             petitiveness, scientific leadership and co-              propriations for fiscal year 2021 for                  Human Resources Activity, strike the
                                             operation, and innovative capacity;’’.                   military activities of the Department                  amount in the Senate Authorized column
                                               (b) STRENGTHENING DOMESTIC CAPABILITY.—                                                                       and insert ‘‘749,952’’.
                                             Section 107 of the Defense Production Act of             of Defense, for military construction,
                                                                                                                                                                In the funding table in section 4301 for Op-
                                             1950 (50 U.S.C. 4517) is amended—                        and for defense activities of the De-                  eration and Maintenance, Defense-Wide re-
                                               (1) in subsection (a), by striking ‘‘and in-           partment of Energy, to prescribe mili-                 lating to Administrative and Service-Wide
                                             dustrial resources’’ and inserting ‘‘industrial          tary personnel strengths for such fiscal               Activities, in the item relating to Office of
                                             resources, and medical products’’; and                   year, and for other purposes; which was                the Secretary of Defense, strike the amount
                                               (2) in subsection (b)(1), by striking ‘‘and in-        ordered to lie on the table; as follows:               in the Senate Authorized column and insert
                                             dustrial resources’’ and inserting ‘‘industrial                                                                 ‘‘1,513,946’’.
                                                                                                        At the appropriate place, insert the fol-
                                             resources, and medical products essential to                                                                       In the funding table in section 4301 for Op-
                                                                                                      lowing:
                                             national defense’’.                                                                                             eration and Maintenance, Defense-Wide re-
                                               (c) STRATEGY ON SECURING SUPPLY CHAINS                 SEC. lll. WAIVER OF MATCHING REQUIRE-
                                                                                                               MENT.                                         lating to Administrative and Service-Wide
                                             FOR MEDICAL PRODUCTS.—Title I of the De-
                                                                                                        The last proviso under the heading ‘‘Elec-           Activities, in the item relating to Subtotal
                                             fense Production Act of 1950 (50 U.S.C. 4511 et
                                                                                                      tion Assistance Commission, Election Secu-             Administrative and Service-Wide Activities,
                                             seq.) is amended by adding at the end the fol-
                                             lowing:                                                  rity Grants’’ in the Financial Services and            strike the amount in the Senate Authorized
                                                                                                      General Government Appropriations Act,                 column and insert ‘‘31,388,885’’.
                                             ‘‘SEC. 109. STRATEGY ON SECURING SUPPLY
                                                          CHAINS FOR MEDICAL PRODUCTS.                2020 (Public Law 116–93; 133 Stat. 2461) shall            In the funding table in section 4301 for Op-
                                                ‘‘(a) IN GENERAL.—Not later than 120 days             not apply with respect to any payment made             eration and Maintenance, Defense-Wide, in
                                             after the date of the enactment of this sec-             to a State using funds appropriated or other-          the item relating to Total Operation and
                                             tion, the President, in consultation with the            wise made available to the Election Assist-            Maintenance,      Defense-Wide,    strike    the
                                             Secretary of Health and Human Services, the              ance Commission under the Coronavirus Aid,             amount in the Senate Authorized column
                                             Secretary of Commerce, the Secretary of                  Relief, and Economic Security Act (Public              and insert ‘‘38,619,740’’.
                                             Homeland Security, and the Secretary of De-              Law 116–136).
                                             fense, shall transmit a strategy to the appro-                                                                    SA 2375. Mr. REED submitted an
                                             priate Members of Congress that includes the               SA 2374. Mr. MANCHIN (for himself                    amendment intended to be proposed to
                                             following:                                               and Mrs. CAPITO) submitted an amend-                   amendment SA 2301 proposed by Mr.
                                               ‘‘(1) A detailed plan to use the authorities           ment intended to be proposed by him                    INHOFE to the bill S. 4049, to authorize
                                             under this title and title III, or any other
                                                                                                      to the bill S. 4049, to authorize appro-               appropriations for fiscal year 2021 for
                                             provision of law, to ensure the supply of
                                             medical products essential to national de-               priations for fiscal year 2021 for mili-               military activities of the Department
                                             fense, to the extent necessary for the pur-              tary activities of the Department of                   of Defense, for military construction,
                                             poses of this Act.                                       Defense, for military construction, and                and for defense activities of the De-
                                               ‘‘(2) An analysis of vulnerabilities to exist-         for defense activities of the Depart-                  partment of Energy, to prescribe mili-
                                             ing supply chains for such medical products,             ment of Energy, to prescribe military                  tary personnel strengths for such fiscal
                                             and recommendations to address the                       personnel strengths for such fiscal                    year, and for other purposes; which was
                                             vulnerabilities.                                         year, and for other purposes; which was                ordered to lie on the table; as follows:
                                               ‘‘(3) Measures to be undertaken by the
                                                                                                      ordered to lie on the table; as follows:                 At the appropriate place in title X, insert
                                             President to diversify such supply chains, as
                                             appropriate and as required for national de-               In the funding table in section 4101, in the         the following:
                                             fense.                                                   item relating to MQ–4 TRITON, strike the               SEC. lll. INDEPENDENT STUDY ON IDENTI-
                                               ‘‘(4) A discussion of—                                 amount in the Senate Authorized column                           FYING AND ADDRESSING THREATS
                                               ‘‘(A) any significant effects resulting from           and insert ‘‘411,570’’.                                          THAT INDIVIDUALLY OR COLLEC-
                                             the plan and measures described in this sub-               In the funding table in section 4101, in the                   TIVELY AFFECT NATIONAL SECU-
                                                                                                      item relating to Total Aircraft Procurement,                     RITY, FINANCIAL SECURITY, OR
                                             section on the production, cost, or distribu-                                                                             BOTH.
                                             tion of medical products, including vaccines;            Navy, strike the amount in the Senate Au-
                                               ‘‘(B) a timeline to ensure that essential              thorized column and insert ‘‘17,718,878’’.               (a) INDEPENDENT STUDY.—Not later than 30
                                             components of the supply chain for medical                 In the funding table in section 4301 for Op-         days after the date of the enactment of this
                                             products are not under the exclusive control             eration and Maintenance, Army relating to              Act, the Director of National Intelligence, in
                                             of a foreign government in a manner that                 Undistributed, in the item relating to ‘‘UN-           coordination with the Secretary of the
                                             the President determines could threaten the              DISTRIBUTED’’, strike the amount in the                Treasury in the Secretary’s capacity as the
                                             national defense of the United States; and               Senate Authorized column and insert ‘‘-                Chair of the Financial Stability Oversight
                                               ‘‘(C) efforts to mitigate any risks resulting          358,901’’.                                             Council and the heads of other relevant de-
                                             from the plan and measures described in this               In the funding table in section 4301 for Op-         partments and agencies, shall seek to enter
                                             subsection to United States competitiveness,             eration and Maintenance, Army relating to              into a contract with a federally funded re-
                                             scientific leadership, and innovative capac-             Undistributed, in the item relating to Exces-          search and development center under which
                                             ity, including efforts to cooperate and                  sive standard price for fuel, strike the               the center will conduct a study on identi-
                                             proactively engage with United States allies.            amount in the Senate Authorized column                 fying and addressing threats that individ-
                                               ‘‘(b) PROGRESS REPORT.—Following submis-               and insert ‘‘[-35,400]’’.                              ually or collectively affect national security,
                                             sion of the strategy under subsection (a), the             In the funding table in section 4301 for Op-         financial security, or both.
                                             President shall submit to the appropriate                eration and Maintenance, Army relating to                (b) ELEMENTS OF STUDY.—In carrying out




dlhill on DSK120RN23PROD with SENATE
                                             Members of Congress an annual progress re-               Undistributed, in the item relating to Sub-            the study referred to in subsection (a), the
                                             port evaluating the implementation of the                total, Undistributed, strike the amount in             selected Federally funded research and de-
                                             strategy, and may include updates to the                 the Senate Authorized column and insert ‘‘-            velopment center shall be contractually obli-
                                             strategy as appropriate. The strategy and                358,901’’.                                             gated to —
                                             progress reports shall be submitted in un-                 In the funding table in section 4301 for Op-           (1) identify threats that individually or
                                             classified form but may contain a classified             eration and Maintenance, Army, in the item             collectively affect national security, finan-
                                             annex.                                                   relating to Total Operation and Mainte-                cial security, or both, including—




                                       VerDate Sep 11 2014   12:57 Jul 01, 2020   Jkt 099060   PO 00000   Frm 00093   Fmt 4624   Sfmt 0634   E:\CR\FM\A30JN6.029   S30JNPT1
                                             S4072                                             CONGRESSIONAL RECORD — SENATE                                                           June 30, 2020
                                               (A) foreign entities and governments ac-                 SA 2376. Mr. MENENDEZ submitted                      North Atlantic Treaty Organization (com-
                                             quiring financial interests in domestic com-             an amendment intended to be proposed                   monly referred to as ‘‘NATO’’) in Afghani-
                                             panies that have access to critical or sen-              to amendment SA 2301 proposed by Mr.                   stan;
                                             sitive national security materials, tech-                                                                         (B) whether the information described in
                                                                                                      INHOFE to the bill S. 4049, to authorize
                                             nologies, or information;                                                                                       subparagraph (A) was provided to—
                                               (B) other currencies being used in lieu of
                                                                                                      appropriations for fiscal year 2021 for                  (i) senior officials of the United States
                                             the United States Dollar in international                military activities of the Department                  Government, including the President and the
                                             transactions;                                            of Defense, for military construction,                 Vice President, and, if so, when that infor-
                                               (C) foreign influence in companies seeking             and for defense activities of the De-                  mation was provided to those officials; and
                                             to access capital markets by conducting ini-             partment of Energy, to prescribe mili-                   (ii) allies of the United States serving in
                                             tial public offerings in other countries;                tary personnel strengths for such fiscal               Afghanistan under the NATO-led Resolute
                                               (D) the use of financial instruments, mar-             year, and for other purposes; which was                Support Mission.
                                             kets, payment systems, or digital assets in                                                                       (2) REPORT REQUIRED.—Not later than 15
                                                                                                      ordered to lie on the table; as follows:               days after the date of the enactment of this
                                             ways that appear legitimate but may be part
                                                                                                          At the end of title XII, add the following:        Act, the Secretary of Defense shall submit to
                                             of a foreign malign strategy to weaken or
                                             undermine the economic security of the                       Subtitle H—Sanctions With Respect to the           the appropriate congressional committees
                                             United States;                                                          Russian Federation                      and leadership a report describing the meas-
                                               (E) the use of entities, such as corpora-              SEC. 1291. DEFINITIONS.                                ures taken by the Department of Defense to
                                             tions, companies, limited liability compa-                 In this subtitle:                                    provide greater protection to members of the
                                             nies, limited partnerships, business trusts,               (1) ADMISSION; ADMITTED; ALIEN.—The                  Armed Forces of the United States in Af-
                                             business associations, or other similar enti-            terms ‘‘admission’’, ‘‘admitted’’, and ‘‘alien’’       ghanistan.
                                             ties to obscure or hide the foreign beneficial           have the meanings given those terms in sec-              (3) FORM.—The certification required by
                                             owner of such entities; and                              tion 101 of the Immigration and Nationality            paragraph (1) and the report required by
                                               (F) any other known or potential threats               Act (8 U.S.C. 1101).                                   paragraph (2) shall be submitted in unclassi-
                                             that individually or collectively affect na-               (2) APPROPRIATE CONGRESSIONAL COMMIT-                fied form but may include a classified annex.
                                             tional security, financial security, or both             TEES AND LEADERSHIP.—The term ‘‘appro-                   (b) IMPOSITION OF SANCTIONS.—
                                             currently or in the foreseeable future.                  priate congressional committees and leader-              (1) IN GENERAL.—If the Director of National
                                               (2) assess the extent to which the United              ship’’ means—                                          Intelligence     certifies  under   subsection
                                                                                                        (A) the Committee on Foreign Relations,              (a)(1)(A) that the Government of the Russian
                                             States Government is currently able to iden-
                                                                                                      the Committee on Banking, Housing, and                 Federation or any its proxies was responsible
                                             tify and characterize the threats identified
                                                                                                      Urban Affairs, the Committee on Armed                  for bounties described in that subsection, the
                                             under paragraph (1);
                                                                                                      Services, the Select Committee on Intel-               President shall, not later than 15 days after
                                               (3) assess the extent to which the United
                                                                                                      ligence, and the majority leader and the mi-           the date of the certification, impose the fol-
                                             States Government is currently able to miti-
                                                                                                      nority leader of the Senate; and                       lowing sanctions:
                                             gate the risk posed by the threats identified
                                                                                                        (B) the Committee on Foreign Affairs, the              (A) PROPERTY BLOCKING.—The President
                                             under paragraph (1);
                                                                                                      Committee on Financial Services, the Com-              shall block and prohibit, pursuant to the
                                               (4) assess whether current levels of infor-
                                                                                                      mittee on Armed Services, the Permanent                International Emergency Economic Powers
                                             mation sharing and cooperation between the
                                                                                                      Select Committee on Intelligence, and the              Act (50 U.S.C. 1701 et seq.), all transactions
                                             United States Government and allies and                                                                         in property and interests in property of each
                                             partners has been helpful or can be improved             Speaker, the majority leader, and the minor-
                                                                                                      ity leader of the House of Representatives.            person described in paragraph (2) if such
                                             upon in order for the United States Govern-                                                                     property and interests in property are in the
                                             ment to identify, characterize, and mitigate               (3) FINANCIAL INSTITUTION.—The term ‘‘fi-
                                                                                                      nancial institution’’ means a financial insti-         United States, come within the United
                                             the threats identified under paragraph (1);                                                                     States, or are or come within the possession
                                             and                                                      tution specified in subparagraph (A), (B), (C),
                                                                                                                                                             or control of a United States person.
                                               (5) recommend opportunities, and any such              (D), (E), (F), (G), (H), (I), (J), (M), or (Y) of
                                                                                                                                                               (B) ALIENS INADMISSIBLE FOR VISAS, ADMIS-
                                             authorities or resources required, to improve            section 5312(a)(2) of title 31, United States
                                                                                                                                                             SION, OR PAROLE.—
                                             the efficiency and effectiveness of the United           Code.
                                                                                                                                                               (i) VISAS, ADMISSION, OR PAROLE.—An alien
                                             States Government in identifying the                       (4) FOREIGN FINANCIAL INSTITUTION.—The
                                                                                                                                                             described in paragraph (2) is—
                                             threats identified under paragraph (1) and               term ‘‘foreign financial institution’’ has the
                                                                                                                                                               (I) inadmissible to the United States;
                                             mitigating the risk posed by such threats.               meaning given that term in regulations pre-
                                                                                                                                                               (II) ineligible to receive a visa or other
                                               (c) SUBMISSION TO DIRECTOR OF NATIONAL                 scribed by the Secretary of the Treasury.
                                                                                                                                                             documentation to enter the United States;
                                             INTELLIGENCE.—Not later than 180 days after                (5) KNOWINGLY.—The term ‘‘knowingly’’,
                                                                                                                                                             and
                                             the date of the enactment of this Act, the               with respect to conduct, a circumstance, or a
                                                                                                                                                               (III) otherwise ineligible to be admitted or
                                             federally funded research and development                result, means that a person has actual                 paroled into the United States or to receive
                                             center selected to conduct the study under               knowledge, or should have known, of the                any other benefit under the Immigration and
                                             subsection (a) shall submit to the Director of           conduct, the circumstance, or the result.              Nationality Act (8 U.S.C. 1101 et seq.).
                                             National Intelligence a report on the results              (6) UNITED STATES FINANCIAL INSTITUTION.—              (ii) CURRENT VISAS REVOKED.—
                                             of the study in both classified and unclassi-            The term ‘‘United States financial institu-              (I) IN GENERAL.—The visa or other entry
                                             fied form.                                               tion’’ has the meaning given that term in              documentation of an alien described in para-
                                               (d) SUBMISSION TO CONGRESS.—                           regulations prescribed by the Secretary of             graph (2) shall be revoked, regardless of when
                                               (1) IN GENERAL.—Not later than 30 days                 the Treasury.                                          such visa or other entry documentation is or
                                             after the date on which the Director of Na-                (7) UNITED STATES PERSON.—The term                   was issued.
                                             tional Intelligence receives the report under            ‘‘United States person’’ means—                          (II) IMMEDIATE EFFECT.—A revocation
                                             subsection (c), the Director shall submit to               (A) a United States citizen or an alien law-         under subclause (I) shall—
                                             the appropriate committees of Congress an                fully admitted for permanent residence to                (aa) take effect immediately; and
                                             unaltered copy of the report in both classi-             the United States; or                                    (bb) automatically cancel any other valid
                                             fied and unclassified form, and such com-                  (B) an entity organized under the laws of            visa or entry documentation that is in the
                                             ments as the Director, in coordination with              the United States or of any jurisdiction               alien’s possession.
                                             the Secretary of Treasury in his capacity as             within the United States, including a foreign            (C) REJECTION OF TRANSACTIONS WITH DE-
                                             the Chair of the Financial Stability Over-               branch of such an entity.                              FENSE AND INTELLIGENCE SECTORS OF RUSSIAN
                                                                                                      SEC. 1292. IMPOSITION OF SANCTIONS WITH RE-
                                             sight Council and the heads of other relevant                                                                   FEDERATION.—The Secretary of the Treasury
                                                                                                                   SPECT TO GOVERNMENT OF RUS-
                                             departments and agencies, may have with re-                           SIAN FEDERATION RELATING TO               shall instruct all United States financial in-
                                             spect to the report.                                                  BOUNTIES ON MEMBERS OF ARMED              stitutions to reject all financial transactions
                                               (2) APPROPRIATE COMMITTEES OF CON-                                  FORCES AND ALLIED FORCES IN AF-           involving any person on the list, as of the
                                             GRESS.—In this subsection, the term ‘‘appro-                          GHANISTAN.                                date of the enactment of this Act, produced
                                             priate committees of Congress’’ means—                     (a) CERTIFICATION AND REPORT.—                       by the Secretary of State pursuant to sec-
                                               (A) the Committee on Armed Services, the                 (1) CERTIFICATION REQUIRED.—Not later                tion 231(e) of the Countering America’s Ad-
                                             Select Committee on Intelligence, and the                than 15 days after the date of the enactment           versaries Through Sanctions Act (22 U.S.C.
                                             Committee on Banking, Housing, and Urban                 of this Act, the Director of National Intel-           9525(e)).
                                             Affairs, the Committee on Foreign Rela-                  ligence shall submit to the appropriate con-             (2) PERSONS DESCRIBED.—A person de-
                                             tions, and the Committee on Appropriations               gressional committees and leadership a cer-            scribed in this paragraph is any of the fol-




dlhill on DSK120RN23PROD with SENATE
                                             of the Senate; and                                       tification with respect to—                            lowing:
                                               (B) the Committee on Armed Services, the                 (A) whether or not the Government of the               (A) Vladimir Putin or any person acting
                                             Permanent Select Committee on Intel-                     Russian Federation, or proxies of that Gov-            for or on behalf of Vladimir Putin, including
                                             ligence, and the Committee on Financial                  ernment, was responsible for offering boun-            any person managing any of his assets any-
                                             Services, the Committee on Foreign Affairs,              ties for the killing of members of the Armed           where in the world.
                                             and the Committee on Appropriations of the               Forces of the United States or members of                (B) Any senior official of the Government
                                             House of Representatives.                                the Resolute Support Mission led by the                of the Russian Federation determined by the




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                                             June 30, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                      S4073
                                             President to have been involved in the activ-            will coordinate with the European Union and            SEC. 1296. RULE OF CONSTRUCTION.
                                             ity described in subsection (a)(1)(A).                   its individual member countries with respect             Nothing in this subtitle shall be con-
                                               (C) Any official of a defense or intelligence          to efforts to deny Russian persons described           strued—
                                             unit of that Government, including the Main              in the updated report required by subsection             (1) to supersede the limitations or excep-
                                             Intelligence Agency of the General Staff of              (b) of section 241 of the Countering America’s         tions on the use of rocket engines for na-
                                             the Armed Forces of the Russian Federation,              Adversaries Through Sanctions Act, as                  tional security purposes under section 1608 of
                                             if that unit is determined by the President              amended by subsection (c), access to finan-            the Carl Levin and Howard P. ‘‘Buck’’
                                             to have been involved in the activity de-                cial institutions or real estate in the Euro-          McKeon National Defense Authorization Act
                                             scribed in subsection (a)(1)(A).                         pean Union or United States.                           for Fiscal Year 2015 (Public Law 113–291; 128
                                             SEC. 1293. IMPOSITION OF SANCTIONS WITH RE-              SEC. 1294. IMPLEMENTATION; PENALTIES.                  Stat. 3626; 10 U.S.C. 2271 note), as amended
                                                          SPECT TO TRANSACTIONS WITH                                                                         by section 1607 of the National Defense Au-
                                                          CERTAIN RUSSIAN POLITICAL FIG-                (a) IMPLEMENTATION.—The President may
                                                                                                      exercise all authorities provided under sec-           thorization Act for Fiscal Year 2016 (Public
                                                          URES AND OLIGARCHS.
                                                                                                      tions 203 and 205 of the International Emer-           Law 114–92; 129 Stat. 1100) and section 1602 of
                                               (a) IN GENERAL.—On and after the date
                                                                                                      gency Economic Powers Act (50 U.S.C. 1702              the National Defense Authorization Act for
                                             that is 30 days after the date of the enact-
                                                                                                      and 1704) to the extent necessary to carry             Fiscal Year 2017 (Public Law 114–328; 130
                                             ment of this Act, the President shall block
                                                                                                      out this subtitle.                                     Stat. 2582); or
                                             and prohibit, pursuant to the International
                                                                                                        (b) PENALTIES.—A person that violates, at-             (2) to prohibit a contractor or subcon-
                                             Emergency Economic Powers Act (50 U.S.C.
                                                                                                      tempts to violate, conspires to violate, or            tractor of the Department of Defense from
                                             1701 et seq.), all transactions in property and
                                                                                                      causes a violation of the provisions of sub-           acquiring components referred to in such
                                             interests in property of each person de-
                                                                                                      paragraph (A) or (C) of section 1292(b)(1) or          section 1608.
                                             scribed in subsection (b), if such property
                                             and interests in property are in the United              section 1293(a), or any regulation, license, or
                                             States, come within the United States, or                order issued to carry out such provisions,               SA 2377. Mr. DAINES submitted an
                                             are or come within the possession or control             shall be subject to the penalties set forth in         amendment intended to be proposed to
                                             of a United States person.                               subsections (b) and (c) of section 206 of the          amendment SA 2301 proposed by Mr.
                                                (b) PERSONS DESCRIBED.—The persons de-                International Emergency Economic Powers                INHOFE to the bill S. 4049, to authorize
                                             scribed in this subsection are—                          Act (50 U.S.C. 1705) to the same extent as a
                                                (1) political figures, oligarchs, and other           person that commits an unlawful act de-
                                                                                                                                                             appropriations for fiscal year 2021 for
                                             persons that facilitate illicit and corrupt ac-          scribed in subsection (a) of that section.             military activities of the Department
                                             tivities, directly or indirectly, on behalf of           SEC. 1295. EXCEPTIONS.
                                                                                                                                                             of Defense, for military construction,
                                             the President of the Russian Federation,                                                                        and for defense activities of the De-
                                                                                                        (a) INTELLIGENCE ACTIVITIES.—This subtitle
                                             Vladimir Putin, and persons acting for or on             shall not apply with respect to activities             partment of Energy, to prescribe mili-
                                             behalf of such political figures, oligarchs,             subject to the reporting requirements under            tary personnel strengths for such fiscal
                                             and persons;                                             title V of the National Security Act of 1947           year, and for other purposes; which was
                                                (2) Russian parastatal entities that facili-          (50 U.S.C. 3091 et seq.) or any authorized in-         ordered to lie on the table; as follows:
                                             tate illicit and corrupt activities, directly or         telligence activities of the United States.
                                             indirectly, on behalf of the President of the                                                                     At the end of subtitle G of title X, add the
                                                                                                        (b) EXCEPTION TO COMPLY WITH INTER-                  following:
                                             Russian Federation, Vladimir Putin;
                                                                                                      NATIONAL OBLIGATIONS AND FOR LAW EN-
                                                (3) family members of persons described in                                                                   SEC. 10llll. ST. MARY UNIT AND MILK RIVER
                                                                                                      FORCEMENT      ACTIVITIES.—Sanctions under
                                             paragraph (1) or (2) that derive significant                                                                              PROJECT    INFRASTRUCTURE    IN-
                                                                                                      section 1292(b)(1)(B) shall not apply with re-                   VESTMENT.
                                             benefits from such illicit and corrupt activi-
                                                                                                      spect to an alien if admitting or paroling the
                                             ties; and                                                                                                         (a) DEFINITIONS.—In this section:
                                                                                                      alien into the United States is necessary—
                                                (4) persons, including financial institu-                                                                      (1) OPERATION, MAINTENANCE, AND REPLACE-
                                                                                                        (1) to permit the United States to comply
                                             tions, that knowingly engage in significant                                                                     MENT.—The term ‘‘operation, maintenance,
                                                                                                      with the Agreement regarding the Head-
                                             transactions with persons described in para-                                                                    and replacement’’ means—
                                                                                                      quarters of the United Nations, signed at
                                             graph (1), (2), or (3).                                                                                           (A) any recurring or ongoing activity asso-
                                                (c) UPDATED REPORT ON OLIGARCHS AND                   Lake Success June 26, 1947, and entered into
                                                                                                      force November 21, 1947, between the United            ciated with the day-to-day operation of the
                                             PARASTATAL ENTITIES OF THE RUSSIAN FED-                                                                         St. Mary Unit;
                                             ERATION.—Section 241 of the Countering
                                                                                                      Nations and the United States, or other ap-
                                                                                                      plicable international obligations; or                   (B) any activity relating to scheduled or
                                             America’s Adversaries Through Sanctions                                                                         unscheduled maintenance of the St. Mary
                                             Act (Public Law 115–44; 131 Stat. 922) is                  (2) to carry out or assist law enforcement
                                                                                                      activity in the United States.                         Unit; and
                                             amended—                                                                                                          (C) any activity relating to replacing a fea-
                                                (1) by redesignating subsections (b) and (c)            (c) EXCEPTION RELATING TO IMPORTATION OF
                                                                                                      GOODS.—                                                ture of the St. Mary Unit.
                                             as subsections (c) and (d), respectively;                                                                         (2) SECRETARY.—The term ‘‘Secretary’’
                                                (2) by inserting after subsection (a) the fol-          (1) IN GENERAL.—The authorities and re-
                                                                                                                                                             means the Secretary of the Interior (acting
                                             lowing:                                                  quirements to impose sanctions under this
                                                                                                                                                             through the Commissioner of Reclamation).
                                                ‘‘(b) UPDATED REPORT.—Not later than 180              subtitle shall not include the authority or a
                                                                                                                                                               (3) ST. MARY UNIT.—The term ‘‘St. Mary
                                             days after the date of the enactment of the              requirement to impose sanctions on the im-
                                                                                                                                                             Unit’’ has the meaning given the term in sec-
                                             National Defense Authorization Act for Fis-              portation of goods.
                                                                                                                                                             tion 3703 of the Water Infrastructure Im-
                                             cal Year 2021, the Secretary of the Treasury,              (2) GOOD DEFINED.—In this subsection, the
                                                                                                      term ‘‘good’’ means any article, natural or            provements for the Nation Act (130 Stat.
                                             in consultation with the Director of National                                                                   1816).
                                             Intelligence and the Secretary of State, shall           manmade substance, material, supply or
                                                                                                      manufactured product, including inspection               (b) USE OF APPROPRIATED FUNDS.—
                                             submit to the appropriate congressional
                                                                                                      and test equipment, and excluding technical              (1) IN GENERAL.—Subject to paragraph (2),
                                             committees an updated report on oligarchs
                                                                                                      data.                                                  the Secretary shall use appropriated funds
                                             and parastatal entities of the Russian Fed-
                                                                                                        (d) EXCEPTION RELATING TO ACTIVITIES OF              for the operation, maintenance, and replace-
                                             eration that builds on the report submitted
                                                                                                      THE NATIONAL AERONAUTICS AND SPACE AD-                 ment of the St. Mary Unit.
                                             under subsection (a) on January 29, 2018, by—
                                                                                                      MINISTRATION.—                                           (2) COST-SHARING REQUIREMENT.—
                                                ‘‘(1) including the matters described in
                                                                                                        (1) IN GENERAL.—This subtitle shall not                (A) IN GENERAL.—The Federal share of the
                                             paragraphs (1) through (5) of subsection (a);
                                                                                                      apply with respect to activities of the Na-            total costs of any activity relating to the op-
                                             and
                                                                                                      tional Aeronautics and Space Administra-               eration, maintenance, and replacement of
                                                ‘‘(2) excluding from the portion of the re-
                                                                                                      tion.                                                  the St. Mary Unit shall be 75 percent, which
                                             port responsive to paragraph (1) of sub-
                                                                                                        (2) RULE OF CONSTRUCTION.—Nothing in this            shall be nonreimbursable to the United
                                             section (a) any individual with respect to
                                                                                                      subtitle or the amendments made by this                States.
                                             which there is no credible information sug-
                                                                                                      title shall be construed to authorize the im-            (B) NON-FEDERAL SHARE.—The non-Federal
                                             gesting the individual has the close financial
                                                                                                      position of any sanction or other condition,           share required under subparagraph (A) may
                                             or political relationships, or engages in the
                                                                                                      limitation, restriction, or prohibition, that          be paid by the State or any other non-Fed-
                                             illicit activities, described in subsection
                                                                                                      directly or indirectly impedes the supply by           eral interest.
                                             (a).’’; and
                                                (3) in subsection (c), as redesignated by             any entity of the Russian Federation of any              (c) PARTICIPATION OF BLACKFEET TRIBE.—
                                             paragraph (1), by striking ‘‘The report re-              product or service, or the procurement of              The Secretary shall coordinate with the
                                             quired under subsection (a)’’ and inserting              such product or service by any contractor or           Blackfeet Tribe in all phases relating to the




dlhill on DSK120RN23PROD with SENATE
                                             ‘‘The reports required by subsections (a) and            subcontractor of the United States or any              replacement of a feature of the St. Mary
                                             (b)’’.                                                   other entity, relating to or in connection             Unit.
                                                (d) STRATEGY REQUIRED.—Not later than 60              with any space launch conducted for—                     (d) OFFSET.—The St. Mary Diversion and
                                             days after the date of the enactment of this               (A) the National Aeronautics and Space               Conveyance Works project authorized under
                                             Act, the President shall submit to the appro-            Administration; or                                     section 5103 of the Water Resources Develop-
                                             priate congressional committees and leader-                (B) any other non-Department of Defense              ment Act of 2007 (121 Stat. 1234) is deauthor-
                                             ship a strategy describing how the President             customer.                                              ized.




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                                             S4074                                             CONGRESSIONAL RECORD — SENATE                                                           June 30, 2020
                                               SA 2378. Mrs. BLACKBURN (for her-                      Broadcasting Networks, the Office of Cuba              the Open Technology Fund to reflect current
                                             self, Mr. MENENDEZ, Mr. SCOTT of Flor-                   Broadcasting, or any entity funded by or               industry security standards;
                                             ida, and Mr. WYDEN) submitted an                         partnering with the United States Agency                 ‘‘(4) establish safeguards to mitigate the
                                                                                                      for Global Media to create and disseminate             use of such supported technologies for illicit
                                             amendment intended to be proposed to                     news and information consistent with the               purposes;
                                             amendment SA 2301 proposed by Mr.                        purposes, standards, and principles specified            ‘‘(5) solicit project proposals through an
                                             INHOFE to the bill S. 4049, to authorize                 in sections 302 and 303.                               open, transparent, and competitive applica-
                                             appropriations for fiscal year 2021 for                    ‘‘(b) USE OF GRANT FUNDS.—The Open                   tion process to attract innovative applica-
                                             military activities of the Department                    Technology Fund shall use grant funds re-              tions and reduce barriers to entry;
                                             of Defense, for military construction,                   ceived pursuant to subsection (a)(2)—                    ‘‘(6)(A) seek input from technical, regional,
                                                                                                        ‘‘(1) to advance freedom of the press and            and subject matter experts from a wide
                                             and for defense activities of the De-
                                                                                                      unrestricted access to the internet in repres-         range of relevant disciplines; and
                                             partment of Energy, to prescribe mili-                   sive environments overseas through tech-                 ‘‘(B) to review, provide feedback, and
                                             tary personnel strengths for such fiscal                 nology development, rather than through                evaluate proposals to ensure that the most
                                             year, and for other purposes; which was                  media messaging;                                       competitive projects are funded;
                                             ordered to lie on the table; as follows:                   ‘‘(2) to research, develop, implement, and             ‘‘(7) implement an independent review
                                               At the appropriate place in title XII of di-           maintain—                                              process, through which proposals are re-
                                             vision A, insert the following:                            ‘‘(A) technologies that circumvent tech-             viewed by such experts to ensure the highest
                                             SEC. 12ll. OPEN TECHNOLOGY FUND.
                                                                                                      niques used by authoritarian governments,              degree of technical review and due diligence;
                                                                                                      nonstate actors, and others to block or cen-             ‘‘(8) maximize cooperation with the public
                                               (a) SHORT TITLE.—This section        may be
                                                                                                      sor access to the internet, including cir-             and private sectors, foreign allies, and part-
                                             cited as the ‘‘Open Technology Fund Author-
                                                                                                      cumvention tools that bypass internet block-           ner countries to maximize efficiencies and
                                             ization Act’’.
                                                                                                      ing, filtering, and other censorship tech-             eliminate duplication of efforts; and
                                               (b) FINDINGS.—Congress finds the fol-
                                                                                                      niques used to limit or block legitimate ac-             ‘‘(9) utilize any other methodology ap-
                                             lowing:
                                                                                                      cess to content and information; and                   proved by the United States Agency for
                                               (1) The political, economic, and social ben-
                                                                                                        ‘‘(B) secure communication tools and other           Global Media in furtherance of the mission
                                             efits of the internet are important to ad-
                                                                                                      forms of privacy and security technology
                                             vancing democracy and freedom throughout                                                                        of the Open Technology Fund.
                                                                                                      that facilitate the creation and distribution
                                             the world.                                                                                                        ‘‘(d) GRANT AGREEMENT.—Any grant agree-
                                                                                                      of news and enable audiences to access media
                                               (2) Authoritarian governments are invest-              content on censored websites;                          ment with, or grants made to, the Open
                                             ing billions of dollars each year to create,               ‘‘(3) to advance internet freedom by sup-            Technology Fund under this section shall be
                                             maintain, and expand repressive internet                 porting private and public sector research,            subject to the following limitations and re-
                                             censorship and surveillance systems to limit             development, implementation, and mainte-               strictions:
                                             free association, control access to informa-             nance of technologies that provide secure                ‘‘(1) The headquarters of the Open Tech-
                                             tion, and prevent citizens from exercising               and uncensored access to the internet to               nology Fund and its senior administrative
                                             their rights to free speech.                             counter attempts by authoritarian govern-              and managerial staff shall be located in a lo-
                                               (3) Over 2⁄3 of the world’s population live in         ments, nonstate actors, and others to im-              cation which ensures economy, operational
                                             countries in which the internet is restricted.           properly restrict freedom online;                      effectiveness, and accountability to the
                                             Governments shut down the internet more                    ‘‘(4) to research and analyze emerging               United States Agency for Global Media.
                                             than 200 times every year.                               technical threats and develop innovative so-             ‘‘(2) Grants awarded under this section
                                               (4) Internet censorship and surveillance               lutions through collaboration with the pri-            shall be made pursuant to a grant agreement
                                             technology is rapidly being exported around              vate and public sectors to maintain the tech-          requiring that—
                                             the world, particularly by the Government of             nological advantage of the United States                 ‘‘(A) grant funds are only used only activi-
                                             the People’s Republic of China, enabling                 Government over authoritarian govern-                  ties consistent with this section; and
                                             widespread abuses by authoritarian govern-               ments, nonstate actors, and others;                      ‘‘(B) failure to comply with such require-
                                             ments.                                                     ‘‘(5) to develop, acquire, and distribute req-       ment shall result in termination of the grant
                                               (c) SENSE OF CONGRESS.—It is the sense of              uisite internet freedom technologies and               without further fiscal obligation to the
                                             Congress that it is in the interest of the               techniques for the United States Agency for            United States.
                                             United States—                                           Global Media, in accordance with paragraph               ‘‘(3) Each grant agreement under this sec-
                                               (1) to promote global internet freedom by              (2), and digital security interventions, to            tion shall require that each contract entered
                                             countering internet censorship and repres-               fully enable the creation and distribution of          into by the Open Technology Fund specify
                                             sive surveillance;                                       digital content between and to all users and           that all obligations are assumed by the
                                               (2) to protect the internet as a platform              regional audiences;                                    grantee and not by the United States Gov-
                                             for—                                                       ‘‘(6) to prioritize programs for countries,          ernment.
                                               (A) the free exchange of ideas;                        the governments of which restrict freedom of             ‘‘(4) Each grant agreement under this sec-
                                               (B) the promotion of human rights and de-              expression on the internet, that are impor-            tion shall require that any lease agreements
                                             mocracy; and                                             tant to the national interest of the United            entered into by the Open Technology Fund
                                               (C) the advancement of a free press; and               States      in    accordance    with     section       shall be, to the maximum extent possible, as-
                                               (3) to support efforts that prevent the de-            7050(b)(2)(C) of the Department of State, For-         signable to the United States Government.
                                             liberate misuse of the internet to repress in-           eign Operations, and Related Programs Ap-                ‘‘(5) Administrative and managerial costs
                                             dividuals from exercising their rights to free           propriations Act, 2020 (division G of Public           for operation of the Open Technology Fund—
                                             speech and association, including countering             Law 116–94); and                                         ‘‘(A) should be kept to a minimum; and
                                             the use of such technologies by authori-                   ‘‘(7) to carry out any other effort con-               ‘‘(B) to the maximum extent feasible,
                                             tarian regimes.                                          sistent with the purposes of this Act or press         should not exceed the costs that would have
                                               (d) ESTABLISHMENT OF THE OPEN TECH-                    freedom overseas if requested or approved by           been incurred if the Open Technology Fund
                                             NOLOGY FUND.—                                            the United States Agency for Global Media.             had been operated as a Federal entity rather
                                               (1) IN GENERAL.—The United States Inter-                 ‘‘(c) METHODOLOGY.—In carrying out sub-              than as a grantee.
                                             national Broadcasting Act of 1994 (22 U.S.C.             section (b), the Open Technology Fund                    ‘‘(6) Grant funds may not be used for any
                                             6201 et seq.) is amended by inserting after              shall—                                                 activity whose purpose is influencing the
                                             section 309 the following:                                 ‘‘(1)(A) support fully open-source tools,            passage or defeat of legislation considered by
                                             ‘‘SEC. 309A. OPEN TECHNOLOGY FUND.                       code, and components, to the extent prac-              Congress.
                                                ‘‘(a) AUTHORITY.—                                     ticable, to ensure such supported tools and              ‘‘(e) RELATIONSHIP TO THE UNITED STATES
                                                ‘‘(1) ESTABLISHMENT.—There is established             technologies are as secure, transparent, and           AGENCY FOR GLOBAL MEDIA.—
                                             a grantee entity, to be known as the ‘Open               accessible as possible; and                              ‘‘(1) IN GENERAL.—The Open Technology
                                             Technology Fund’, which shall carry out this               ‘‘(B) require that any such tools, compo-            Fund shall be subject to the oversight and
                                             section.                                                 nents, code, or technology supported by the            governance by the United States Agency for
                                               ‘‘(2) IN GENERAL.—Grants authorized under              Open Technology Fund remain fully open-                Global Media in accordance with section 305.
                                             section 305 shall be available to award an-              source, to the extent practicable;                       ‘‘(2) ASSISTANCE.—The United States Agen-
                                             nual grants to the Open Technology fund for                ‘‘(2) support technologies that undergo              cy for Global Media, its broadcast entities,
                                             the purpose of—                                          comprehensive security audits to ensure that           and the Open Technology Fund should render
                                               ‘‘(A) promoting, consistent with United                such technologies are secure and have not              such assistance to each other as may be nec-




dlhill on DSK120RN23PROD with SENATE
                                             States law, unrestricted access to uncen-                been compromised in a manner detrimental               essary to carry out the purposes of this sec-
                                             sored sources of information via the inter-              to the interests of the United States or to in-        tion or any other provision under this Act.
                                             net; and                                                 dividuals or organizations benefitting from              ‘‘(3) NOT A FEDERAL AGENCY OR INSTRUMEN-
                                               ‘‘(B) enabling journalists, including jour-            programs supported by the Open Technology              TALITY.—Nothing in this section may be con-
                                             nalists employed by or affiliated with the               Fund;                                                  strued to make the Open Technology Fund
                                             Voice of America, Radio Free Europe/Radio                  ‘‘(3) review and periodically update, as nec-        an agency or instrumentality of the Federal
                                             Liberty, Radio Free Asia, the Middle East                essary, security auditing procedures used by           Government.




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                                             June 30, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                     S4075
                                               ‘‘(4) DETAILEES.—Employees of a grantee of             the possession and custody of the Open Tech-             ‘‘(2) ASSOCIATE ADMINISTRATOR.—
                                             the United States Agency for Global Media                nology Fund.                                             ‘‘(A) APPOINTMENT.—The Administrator
                                             may be detailed to the Agency, in accord-                   ‘‘(3) EXERCISE OF AUTHORITIES.—Notwith-             shall appoint a qualified individual to serve
                                             ance with the Intergovernmental Personnel                standing any other provision of law, the In-           as Associate Administrator of the Office of
                                             Act of 1970 (42 U.S.C. 4701 et seq.) and Federal         spector General of the Department of State             Native American Affairs in accordance with
                                             employees may be detailed to a grantee of                and the Foreign Service is authorized to ex-           this paragraph.
                                             the United States Agency for Global Media,               ercise the authorities of the Inspector Gen-             ‘‘(B) QUALIFICATIONS.—The Associate Ad-
                                             in accordance with such Act.                             eral Act of 1978 with respect to the Open              ministrator shall have—
                                               ‘‘(f) RELATIONSHIP TO OTHER UNITED STATES              Technology Fund.’’.                                      ‘‘(i) knowledge of Native American cul-
                                             GOVERNMENT-FUNDED          INTERNET    FREEDOM              (2) CONFORMING AMENDMENTS.—The United               tures; and
                                             PROGRAMS.—The United States Agency for                   States International Broadcasting Act of                 ‘‘(ii) experience providing culturally tai-
                                             Global Media shall ensure that internet free-            1994 is amended—                                       lored small business development assistance
                                             dom research and development projects of                    (A) in section 304(d) (22 U.S.C. 6203(d)), by       to Native Americans.
                                             the Open Technology Fund are deconflicted                inserting ‘‘the Open Technology Fund,’’ be-              ‘‘(C) EMPLOYMENT STATUS.—The Associate
                                             with internet freedom programs of the De-                fore ‘‘the Middle East Broadcasting Net-               Administrator shall—
                                             partment of State and other relevant United              works’’;                                                 ‘‘(i) be compensated at a rate not to exceed
                                             States Government departments. Agencies                     (B) in sections 305(a)(20) and 310(c) (22           level V of the Executive Schedule under sec-
                                             should still share information and best prac-            U.S.C. 6204(a)(20) and 6209(c)), by inserting          tion 5316 of title 5, United States Code; and
                                             tices relating to the implementation of sub-                                                                      ‘‘(ii) report and be directly responsible to
                                                                                                      ‘‘the Open Technology Fund,’’ before ‘‘or the
                                             sections (b) and (c).                                                                                           the Administrator.
                                                                                                      Middle East Broadcasting Networks’’ each
                                               ‘‘(g) REPORTING REQUIREMENTS.—                                                                                  ‘‘(D) RESPONSIBILITIES AND DUTIES.—The
                                               ‘‘(1) ANNUAL REPORT.—The Open Tech-                    place such term appears; and
                                                                                                         (C) in section 310 (22 U.S.C. 6209), by insert-     Associate Administrator shall—
                                             nology Fund shall highlight, in its annual re-                                                                    ‘‘(i) administer and manage the Native
                                             port, internet freedom activities, including a           ing ‘‘the Open Technology Fund,’’ before
                                                                                                      ‘‘and the Middle East Broadcasting Net-                American outreach program described in
                                             comprehensive assessment of the Open Tech-                                                                      subsection (c);
                                             nology Fund’s activities relating to the im-             works’’ each place such term appears.
                                                                                                         (3) AUTHORIZATION OF APPROPRIATIONS.—                 ‘‘(ii) act as an ombudsman for Native
                                             plementation of subsections (b) and (c),                                                                        Americans in all programs of the Adminis-
                                             which shall include—                                     There is authorized to be appropriated for
                                                                                                      the Open Technology Fund, which shall be               tration;
                                               ‘‘(A) an assessment of the current state of                                                                     ‘‘(iii) enhance assistance to Native Ameri-
                                             global internet freedom, including—                      used to carry out section 309A of the United
                                                                                                      States International Broadcasting Act of               cans by—
                                               ‘‘(i) trends in censorship and surveillance                                                                     ‘‘(I) formulating and promoting policies,
                                             technologies and internet shutdowns; and                 1994, as added by paragraph (1)—
                                                                                                         (A) $20,000,000 for fiscal year 2021; and           programs and assistance that better address
                                               ‘‘(ii) the threats such pose to journalists,                                                                  their entrepreneurial, capital access, busi-
                                             citizens, and human rights and civil society                (B) $25,000,000 for fiscal year 2022.
                                                                                                         (e) UNITED STATES ADVISORY COMMISSION               ness development and contracting needs;
                                             organizations; and                                                                                                ‘‘(II) collaborating with the Associate Ad-
                                                                                                      ON PUBLIC DIPLOMACY.— Section 1334 of the
                                               ‘‘(B) a description of the technology                                                                         ministrators of the Administration, includ-
                                             projects supported by the Open Technology                Foreign Affairs Reform and Restructuring
                                                                                                      Act of 1998 (22 U.S.C. 6553) is amended by             ing the Associate Administrators of Capital
                                             Fund and the associated impact of such                                                                          Access, Government Contracting and Busi-
                                             projects in the most recently completed                  striking ‘‘October 1, 2020’’ and inserting ‘‘Oc-
                                                                                                      tober 1, 2025’’.                                       ness Development, and Entrepreneurial De-
                                             year, including—                                                                                                velopment, on the development of policies
                                               ‘‘(i) the countries and regions in which                                                                      and plans to implement Administration pro-
                                                                                                        SA 2379. Mr. INHOFE submitted an
                                             such technologies were deployed;                                                                                grams in ways that better serve identified
                                               ‘‘(ii) any associated metrics indicating au-           amendment intended to be proposed to
                                                                                                                                                             capital access, government contracting, and
                                             dience usage of such technologies; and                   amendment SA 2301 proposed by Mr.                      business and entrepreneurial development
                                               ‘‘(iii) future-year technology project initia-         INHOFE to the bill S. 4049, to authorize               needs;
                                             tives.                                                   appropriations for fiscal year 2021 for                  ‘‘(iv) execute policies and plans formulated
                                               ‘‘(2) ASSESSMENT OF THE EFFECTIVENESS OF               military activities of the Department                  and developed under this section and section
                                             THE OPEN TECHNOLOGY FUND.—Not later than                 of Defense, for military construction,                 1103 of the Coronavirus Aid, Relief and Eco-
                                             2 years after the date of the enactment of               and for defense activities of the De-                  nomic Security Act (Public Law 116–136); and
                                             this section, the Inspector General of the De-                                                                    ‘‘(v) recommend the annual administrative
                                                                                                      partment of Energy, to prescribe mili-
                                             partment of State and the Foreign Service                                                                       and program budgets for the Office of Native
                                             shall submit a report to the appropriate con-            tary personnel strengths for such fiscal
                                                                                                                                                             American Affairs.
                                             gressional committees that indicates—                    year, and for other purposes; which was                  ‘‘(c) OUTREACH PROGRAM.—
                                               ‘‘(A) whether the Open Technology Fund                 ordered to lie on the table; as follows:                 ‘‘(1) IN GENERAL.—The Associate Adminis-
                                             is—                                                        At the appropriate place, insert the fol-            trator shall carry out an outreach program
                                               ‘‘(i) technically sound;                               lowing:                                                to provide assistance to—
                                               ‘‘(ii) cost effective; and                             SEC. ll. OFFICE OF NATIVE AMERICAN AF-                   ‘‘(A) Indian tribes and Native Hawaiian Or-
                                               ‘‘(iii) satisfying the requirements under                         FAIRS.                                      ganizations, as defined section 8(a); and
                                             this section; and                                          (a) IN GENERAL.—The Small Business Act                 ‘‘(B) small business concerns owned and
                                               ‘‘(B) the extent to which the interests of             (15 U.S.C. 631 et seq.) is amended—                    controlled by individuals who are members
                                             the United States are being served by main-                (1) in section 4(b)(1) (15 U.S.C. 633(b)(1)) by      of an Indian tribe or a Native Hawaiian Or-
                                             taining the work of the Open Technology                  adding at the end the following: ‘‘One such            ganization or who are Alaska Native or Na-
                                             Fund.                                                    Associate Administrator shall be the Asso-             tive Hawaiian.
                                               ‘‘(h) AUDIT AUTHORITIES.—                              ciate Administrator of the Office of Native              ‘‘(2) ASSISTANCE.—In carrying out the out-
                                               ‘‘(1) IN GENERAL.—Financial transactions of            American Affairs established under section             reach program under this subsection, the As-
                                             the Open Technology Fund that relate to                  49(b).’’;                                              sociate Administrator may—
                                             functions carried out under this section may               (2) by redesignating section 49 (15 U.S.C.             ‘‘(A) provide financial assistance by grant,
                                             be audited by the Government Account-                    631 note) as section 50; and                           contract, cooperative agreement, or other
                                             ability Office in accordance with such prin-               (3) by inserting after section 48 (15 U.S.C.         assistance to deploy training and edu-
                                             ciples and procedures and under such rules               657u) the following:                                   cational outreach through business develop-
                                             and regulations as may be prescribed by the              ‘‘SEC. 49. NATIVE AMERICAN OUTREACH PRO-               ment workshops and other mechanisms to
                                             Comptroller General of the United States.                             GRAM.                                     advance the start up, operation, financing,
                                             Any such audit shall be conducted at the                    ‘‘(a) DEFINITIONS.—In this section—                 and expansion of small business concerns
                                             place or places at which accounts of the                   ‘‘(1) the term ‘Associate Administrator’             owned and controlled by individuals who are
                                             Open Technology Fund are normally kept.                  means the Associate Administrator ap-                  members of an Indian tribe or a Native Ha-
                                               ‘‘(2) ACCESS BY GAO.—The Government Ac-                pointed under subsection (b)(2);                       waiian Organization or who are Alaska Na-
                                             countability Office shall have access to all               ‘‘(2) the terms ‘Indian tribe’ and ‘Native           tive or Native Hawaiian;
                                             books, accounts, records, reports, files, pa-            Hawaiian Organization’ have the meanings                 ‘‘(B) hold Tribal consultations to solicit
                                             pers, and property belonging to or in use by             given those terms in section 8(a);                     input and provide interested parties an op-
                                             the Open Technology Fund pertaining to fi-                 ‘‘(b) OFFICE OF NATIVE AMERICAN AF-                  portunity to discuss potential modifications
                                             nancial transactions as may be necessary to              FAIRS.—                                                to programs of the Administration, including




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                                             facilitate an audit. The Government Ac-                    ‘‘(1) ESTABLISHMENT.—There is established            the program under section 8(a) and the
                                             countability Office shall be afforded full fa-           within the Administration the Office of Na-            HUBZone program under section 31; and
                                             cilities for verifying transactions with any             tive American Affairs, which, under the di-              ‘‘(C) provide such other assistance as the
                                             assets held by depositories, fiscal agents, and          rection of the Associate Administrator, shall          Associate Administrator may determine nec-
                                             custodians. All such books, accounts,                    implement the programs of the Administra-              essary.’’.
                                             records, reports, files, papers, and property            tion to provide Native American outreach                 (b) TRANSFER PROVISIONS.—Effective on
                                             of the Open Technology Fund shall remain in              assistance.                                            the date of enactment of this Act—




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                                             S4076                                             CONGRESSIONAL RECORD — SENATE                                                           June 30, 2020
                                               (1) the Office of Native American Affairs of             ‘‘(ii) SUBSTANTIAL REDUCTION IN REVENUE.—              (H) weak public health infrastructures; and
                                             the Small Business Administration, as in ef-             An eligible recipient shall not receive a cov-           (I) potential acts of bioterrorism.
                                             fect on the day before the date of enactment             ered loan unless the eligible recipient dem-             (4) Vulnerable populations, including those
                                             of this Act, shall be known as the Office of             onstrates that the eligible recipient has in-          who live in poverty and in countries with
                                             Native American Affairs of the Small Busi-               curred a substantial reduction in revenue              weak public health and government infra-
                                             ness Administration, as established under                due to COVID–19.’’.                                    structure, and at-risk groups, such as the
                                             section 49 of the Small Business Act, as                   (b) APPLICABILITY.—The amendments made               sick, older people, ethnic and religious mi-
                                             added by subsection (a);                                 by subsection (a) shall apply to a loan under          norities, women, people with disabilities,
                                               (2) the Office of Native American Affairs of           section 7(a)(36) of the Small Business Act (15         LGBTQ people, indigenous, migrants, refu-
                                             the Small Business Administration, as estab-             U.S.C. 636(a)(36)) made after the date of en-          gees, and children, are particularly suscep-
                                             lished under section 49 of the Small Business            actment of this Act.                                   tible to the outbreak of infectious disease
                                             Act, as added by subsection (a), shall retain              (c) RULEMAKING OR GUIDANCE.—                         and its consequences.
                                             the functions, personnel, assets, and liabil-              (1) IN GENERAL.—Not later than 7 days                  (5) According to an April 2020 report of the
                                             ities held by, acquired, or incurred before the          after the date of enactment of this Act, the           International Monetary Fund—
                                             date of enactment of this Act the Office of              Secretary of the Treasury, in consultation               (A) ‘‘It is very likely that this year the
                                             Native American Affairs of the Small Busi-               with the Administrator of the Small Busi-              global economy will experience its worst re-
                                             ness Administration, as in effect on the day             ness Administration, shall issue a rule or             cession since the Depression, surpassing that
                                             before the date of enactment of this Act; and            guidance defining a substantial reduction in           seen during the global financial crisis a dec-
                                               (3) the individual serving as Associate Ad-            revenue, as used in clause (ii) of section             ade ago.’’; and
                                             ministrator of the Office of Native American             7(a)(36)(G) of the Small Business Act (15                (B) ‘‘As a result of the pandemic, the glob-
                                             Affairs of the Small Business Administra-                U.S.C. 636(a)(G)), as added by subsection (a),         al economy is projected to contract sharply
                                             tion, as in effect on the day before the date            which shall include the documentation nec-             by 3% in 2020.’’.
                                             of enactment of this Act, shall continue to              essary to verify a substantial reduction in              (6) As of May 14, 2020, the Department of
                                             serve as the Associate Administrator ap-                 revenue.                                               Labor estimated that 36,500,000 workers filed
                                             pointed under section 49 of the Small Busi-                (2) EXEMPTION FROM RULEMAKING REQUIRE-               for first-time unemployment claims during
                                             ness Act, as added by subsection (a), until a            MENTS.—The notice and comment require-                 the previous 8 weeks, which coincides with
                                             successor is appointed.                                  ments under section 553 of title 5, United             the timeframe during which the impact of
                                                                                                      States Code, shall not apply with respect to           the coronavirus became widespread across
                                               SA 2380. Mr. BROWN (for himself and                    the rule or guidance issued under paragraph            the United States.
                                             Mr. PORTMAN) submitted an amend-                         (1).                                                     (7) The United States Government, along
                                                                                                                                                             with the medical, scientific, and public
                                             ment intended to be proposed to                                                                                 health communities, has historically pro-
                                             amendment SA 2301 proposed by Mr.                          SA 2382. Ms. HARRIS submitted an
                                                                                                      amendment intended to be proposed by                   moted global public health through—
                                             INHOFE to the bill S. 4049, to authorize                                                                          (A) multilateral cooperation;
                                             appropriations for fiscal year 2021 for                  her to the bill S. 4049, to authorize ap-                (B) funding of relevant research activities;
                                             military activities of the Department                    propriations for fiscal year 2021 for                  and
                                             of Defense, for military construction,                   military activities of the Department                    (C) the provision of development assistance
                                             and for defense activities of the De-                    of Defense, for military construction,                 to prepare for, detect, respond to, and re-
                                                                                                      and for defense activities of the De-                  cover from the outbreak of infectious dis-
                                             partment of Energy, to prescribe mili-
                                                                                                      partment of Energy, to prescribe mili-                 ease.
                                             tary personnel strengths for such fiscal                                                                          (8) The Global Health Security Agenda is a
                                             year, and for other purposes; which was                  tary personnel strengths for such fiscal
                                                                                                                                                             multi-faceted, multi-country initiative in-
                                             ordered to lie on the table; as follows:                 year, and for other purposes; which was                tended to improve partner countries’ meas-
                                               At the end of subtitle D of title III, add the         ordered to lie on the table; as follows:               urable capabilities to prevent, detect, and re-
                                             following:                                                 At the end of subtitle G of title XII of divi-       spond to infectious disease, which the United
                                             SEC. 355. REPORT ON COSTS AND BENEFITS OF                sion A, add the following:                             States is committed to advancing.
                                                         MAINTAINING A MINIMUM OF 12 PRI-             SEC. 1287. IMPROVING PANDEMIC PREPARED-                  (c) SENSE OF CONGRESS.—It is the sense of
                                                         MARY AIRCRAFT AUTHORIZED FOR                            NESS AND RESPONSE THROUGH DI-               Congress that—
                                                         EACH TYPE OF SPECIALTY MISSION                          PLOMACY.                                      (1) no country, acting alone, can effec-
                                                         AIRCRAFT.                                      (a) SHORT TITLE.—This section may be                 tively protect the health and safety of all its
                                               (a) SENSE OF SENATE.—It is the sense of the            cited as the ‘‘Improving Pandemic Prepared-            people from the outbreak and spread of in-
                                             Senate that it is important to maintain safe-            ness and Response Through Diplomacy Act’’.             fectious disease and other global health
                                             ty and increase mission readiness and inter-               (b) FINDINGS.—Congress finds the fol-                emergencies;
                                             operability of the weather reconnaissance,               lowing:                                                  (2) efforts to prepare for, detect, respond
                                             aerial spray, and firefighting system spe-                 (1) According to the annual report of the            to, and recover from disease outbreaks and
                                             cialty mission capabilities of the Air Force             Global Preparedness Monitoring Board (an               pandemics globally—
                                             Reserve Command.                                         independent panel of experts convened by the             (A) are in the interests of the United
                                               (b) REPORT.—Not later than 180 days after              World Bank Group and the World Health Or-              States; and
                                             the date of the enactment of this Act, the               ganization), ‘‘The world is at acute risk for            (B) are consistent with the promotion of
                                             Secretary of the Air Force shall submit to               devastating regional or global disease                 core values of peace, prosperity, health, and
                                             the congressional defense committees a re-               epidemics or pandemics that not only cause             equal dignity and rights of all peoples;
                                             port on the costs and benefits of maintaining            loss of life but upend and create social                 (3) robust diplomacy, including multilat-
                                             a minimum of 12 primary aircraft authorized              chaos.’’.                                              eral diplomacy and development assistance,
                                             for each type of specialty mission aircraft.               (2) The World Health Organization—                   is an essential part of a well-coordinated,
                                                                                                        (A) declared the outbreak of the novel               whole-of-government strategy to prepare for,
                                               SA 2381. Mr. SCOTT, of Florida sub-                    coronavirus disease 2019 (COVID–19) a Public           detect, respond to, and recover from disease
                                             mitted an amendment intended to be                       Health Emergency of International Concern              outbreak and spread and other global health
                                             proposed by him to the bill S. 4116, to                  on January 30, 2020;                                   emergencies; and
                                             extend the authority for commitments                       (B) raised its global risk assessment to               (4) support for, and active participation in,
                                             for the paycheck protection program                      ‘‘Very High’’ on February 28, 2020; and                multilateral organizations, such as the
                                             and separate amounts authorized for                        (C) ultimately declared the outbreak a               United Nations and the World Health Organi-
                                                                                                      pandemic on March 11, 2020.                            zation, enhance the efforts of the United
                                             other loans under section 7(a) of the
                                                                                                        (3) The risks associated with future out-            States to prepare for, detect, respond to, and
                                             Small Business Act, and for other pur-                   breaks of infections disease and other global          recover     from    disease    outbreaks   and
                                             poses; which was ordered to lie on the                   health emergencies, whether naturally-oc-              pandemics, both domestically and globally.
                                             table; as follows:                                       curring, accidental, or deliberate, are in-              (d) SPECIAL PRESIDENTIAL ENVOY FOR PAN-
                                               At the end, add the following:                         creasing due to a number of factors, includ-           DEMIC PREPAREDNESS AND RESPONSE.—
                                             SEC. 2. AMENDMENTS TO THE PAYCHECK PRO-                  ing—                                                     (1) DEFINED TERM.—In this subsection, the
                                                        TECTION PROGRAM.                                (A) the spillover of pathogens from animals          term ‘‘appropriate congressional commit-
                                               (a) IN GENERAL.—Section 7(a)(36)(G) of the             to humans;                                             tees’’ means—
                                             Small Business Act (15 U.S.C. 636(a)(36)(G)) is            (B) the development of antimicrobial re-               (A) the Committee on Foreign Relations of




dlhill on DSK120RN23PROD with SENATE
                                             amended—                                                 sistance;                                              the Senate;
                                               (1) in clause (i)—                                       (C) population growth and resulting strains            (B) the Committee on Health, Education,
                                               (A) by striking subclause (I); and                     on the environment;                                    Labor, and Pensions of the Senate;
                                               (B) by redesignating subclauses (II), (III),             (D) urbanization;                                      (C) the Committee on Homeland Security
                                             and (IV) as subclauses (I), (II), and (III), re-           (E) international travel and trade;                  and Governmental Affairs of the Senate;
                                             spectively; and                                            (F) forced and voluntary migration;                    (D) the Committee on Armed Services of
                                               (2) by adding at the end the following:                  (G) climate change;                                  the Senate;




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                                             June 30, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                      S4077
                                               (E) the Committee on Agriculture, Nutri-               with respect to any and all future outbreaks             (XII) The Office of the Director of National
                                             tion, and Forestry of the Senate;                        of infectious disease or pandemics.                    Intelligence.
                                               (F) the Committee on Commerce, Science,                   (7) AUTHORIZATION OF APPROPRIATIONS.—                 (XIII) The Department of Defense.
                                             and Transportation of the Senate;                        There is authorized to be appropriated                   (g) OUTSIDE PANEL OF EXPERTS.—
                                               (G) the Select Committee on Intelligence               $10,000,000 for the Office of the Special Presi-         (1) IN GENERAL.—The Secretary of State,
                                             of the Senate;                                           dential Envoy to carry out this subsection.            acting through the Special Presidential
                                               (H) the Committee on Foreign Affairs of                   (e) ELEMENTS OF DIPLOMATIC STRATEGY.—               Envoy for Pandemic Preparedness and Re-
                                             the House of Representatives;                            The diplomatic strategy to prepare for, de-            sponse, shall regularly convene an outside
                                               (I) the Committee on Ways and Means of                 tect, respond to, and recover from pandemics           panel of experts—
                                             the House of Representatives;                            and other global outbreaks of infectious dis-            (A) to advise the Special Presidential
                                               (J) the Committee on Energy and Com-                   ease should address—                                   Envoy regarding scientific, technical, and
                                             merce of the House of Representatives;                      (1) the development of medical counter-             other policy matters; and
                                               (K) the Committee on Education and Labor               measures,           including          vaccines,         (B) to make recommendations for the de-
                                                                                                      antimicrobials, therapeutics, and diagnostics          velopment and implementation of the diplo-
                                             of the House of Representatives;
                                                                                                      for emerging infectious diseases;                      matic strategy described in subsection (e).
                                               (L) the Committee on Homeland Security
                                                                                                         (2) zoonotic disease prevention, detection,           (2) COMPOSITION.—The Special Presidential
                                             of the House of Representatives;
                                                                                                      and response;                                          Envoy, in consultation with the interagency
                                               (M) the Committee on Armed Services of
                                                                                                         (3) the development of disease surveillance         steering committee established pursuant to
                                             the House of Representatives;                            systems;
                                               (N) the Committee on Agriculture of the                                                                       subsection (f), shall determine who will be
                                                                                                         (4) the promotion of disease reporting and          included on the panel convened pursuant to
                                             House of Representatives; and                            greater transparency of disease-related in-            paragraph (1).
                                               (O) the Permanent Select Committee on                  formation;                                               (3) APPLICABILITY OF FACA.—The Federal
                                             Intelligence of the House of Representatives.               (5) increasing the capabilities and capacity        Advisory Committee Act (5 U.S.C. App. shall
                                               (2) OFFICE OF THE SPECIAL PRESIDENTIAL                 of national laboratories;                              not apply to the panel convened pursuant to
                                             ENVOY.—There is established in the Office of                (6) combating the spread of antimicrobial           paragraph (1).
                                             the Secretary of State, an Office of the Spe-            resistant microorganisms;                                (h) HONORING FINANCIAL COMMITMENTS TO
                                             cial Presidential Envoy, which—                             (7) scientific workforce development and            THE WORLD HEALTH ORGANIZATION.—Subject
                                               (A) shall be led by the Special Presidential           training;                                              to the availability of appropriations, but
                                             Envoy for Pandemic Preparedness and Re-                     (8) the mitigation of, disruptions to, and          notwithstanding any other provision of law,
                                             sponse (referred to in this section as the               other issues related to, global medical sup-           the Secretary of the Treasury shall remit all
                                             ‘‘Special Presidential Envoy’’) appointed                ply chains;                                            United States assessed contributions to the
                                             pursuant to paragraph (3);                                  (9) efforts to prevent the outbreak and             World Health Organization not later than
                                               (B) shall be staffed with—                             spread of infectious diseases among displaced          the date on which such contributions are due
                                               (i) detailees from the bureaus and offices             persons and other vulnerable populations;              and payable.
                                             under the jurisdiction of the Under Sec-                    (10) the development and use of standards
                                             retary for Economic Growth, Energy, and                  and best practices for the imposition and                SA 2383. Mr. DURBIN submitted an
                                             the Environment;                                         lifting of disease mitigation measures, in-            amendment intended to be proposed by
                                               (ii) detailees from the Bureau of Oceans               cluding travel restrictions, social distancing,        him to the bill S. 4049, to authorize ap-
                                             and International Environmental and Sci-                 quarantining, and other restrictions on eco-           propriations for fiscal year 2021 for
                                             entific Affairs; and                                     nomic and social activities; and                       military activities of the Department
                                               (iii) any other Department of State per-                  (11) efforts to combat the spread of
                                             sonnel the Secretary considers necessary.                                                                       of Defense, for military construction,
                                                                                                      disinformation and racial discrimination re-
                                               (3) APPOINTMENT.—The President, in con-                lated to the outbreak and spread of infec-             and for defense activities of the De-
                                             sultation with the Secretary of State and                tious disease.                                         partment of Energy, to prescribe mili-
                                             the Secretary of Health and Human Services,                 (f) INTERAGENCY STEERING COMMITTEE.—                tary personnel strengths for such fiscal
                                             shall appoint a Special Presidential Envoy                  (1) IN GENERAL.—The Secretary of State,             year, and for other purposes; which was
                                             for Pandemic Preparedness and Response,                  acting through the Special Presidential                ordered to lie on the table; as follows:
                                             who shall have the rank and status of Am-                Envoy for Pandemic Preparedness and Re-                  At the end of subtitle G of title XII, add
                                             bassador-at-Large.                                       sponse, shall regularly convene an inter-              the following:
                                               (4) QUALIFICATIONS.—The Special Presi-                 agency steering committee to aid in the de-            SEC. 1287. SUPPORT FOR A ROBUST GLOBAL RE-
                                             dential Envoy shall have extensive experi-               velopment, coordination, and implementa-                           SPONSE TO THE COVID–19 PAN-
                                             ence in global public health, diplomacy,                 tion of the diplomatic strategy described in                       DEMIC.
                                             medicine, or a related field.                            subsection (e).                                          (a) UNITED STATES POLICIES AT THE INTER-
                                               (5) DUTIES.—                                              (2) MEMBERSHIP.—The interagency steering            NATIONAL FINANCIAL INSTITUTIONS.—
                                               (A) IN GENERAL.—The principal duty of the              committee referred to in paragraph (1)—                  (1) IN GENERAL.—The Secretary of the
                                             Special Presidential Envoy shall be the over-               (A) should be led by the Special Presi-             Treasury shall instruct the United States
                                             all supervision, including policy oversight of           dential Envoy; and                                     Executive Director of each international fi-
                                             resources, of diplomatic efforts to prepare                 (B) shall include, as members—                      nancial institution (as defined in section
                                             for, detect, respond to, and recover from                   (i) the Assistant Secretary of State for            1701(c)(2) of the International Financial In-
                                             pandemics and other global outbreaks of in-              Oceans and International Environmental and             stitutions Act (22 U.S.C. 262r(c)(2)) to use the
                                             fectious disease. The Special Presidential               Scientific Affairs;                                    voice and vote of the United States at that
                                             Envoy shall exercise such powers as the Sec-                (ii) the Global AIDS Coordinator and                institution—
                                             retary of State may prescribe.                           United States Special Representative for                 (A) to seek to ensure adequate fiscal space
                                               (B) STRATEGY DEVELOPMENT.—The Special                  Global Health Diplomacy;                               for world economies in response to the global
                                             Presidential Envoy shall develop, and, in co-               (iii) any other Department of State per-            coronavirus disease 2019 (commonly referred
                                             ordination with the heads of relevant depart-            sonnel the Secretary considers necessary;              to as ‘‘COVID–19’’) pandemic through—
                                             ments and agencies, direct the implementa-                  (iv) the Director of the Office of Global Af-         (i) the suspension of all debt service pay-
                                             tion of the diplomatic strategy described in             fairs of the Department of Health and                  ments to the institution; and
                                             subsection (e).                                          Human Services; and                                      (ii) the relaxation of fiscal targets for any
                                               (6) REPORTS.—                                             (v) at least 1 representative from each of          government operating a program supported
                                               (A) REPORT ON COVID–19 PANDEMIC.—Not                   the following agencies:                                by the institution, or seeking financing from
                                             later than 30 days after the date of the enact-             (I) The United States Agency for Inter-             the institution, in response to the pandemic;
                                             ment of this Act, and quarterly thereafter,              national Development.                                    (B) to oppose the approval or endorsement
                                             the Special Presidential Envoy shall submit                 (II) The Department of Health and Human             of any loan, grant, document, or strategy
                                             a report to the appropriate congressional                Services.                                              that would lead to a decrease in health care
                                             committees that describes his or her efforts                (III) The Centers for Disease Control and           spending or in any other spending that would
                                             to develop and implement a diplomatic                    Prevention.                                            impede the ability of any country to prevent
                                             strategy comprised of the elements specified                (IV) The National Institutes of Health.             or contain the spread of, or treat persons
                                             in section 5 with respect to the COVID–19                   (V) The Department of Agriculture.                  who are or may be infected with, the SARS–
                                             pandemic.                                                   (VI) The Department of Homeland Secu-               CoV–2 virus; and
                                               (B) GENERAL REPORT.—Not later than 90                  rity.                                                    (C) to require approval of all Special Draw-




dlhill on DSK120RN23PROD with SENATE
                                             days after the date of the enactment of this                (VII) The Department of the Treasury.               ing Rights allocation transfers from wealthi-
                                             Act, and every 180 days thereafter, the Spe-                (VIII) The Department of Commerce.                  er member countries to countries that are
                                             cial Presidential Envoy shall submit a report               (IX) The Office of the United States Trade          emerging markets or developing countries,
                                             to the appropriate congressional committees              Representative.                                        based on confirmation of implementable
                                             that describes his or her efforts to develop                (X) The Department of Labor.                        transparency mechanisms or protocols to en-
                                             and implement a diplomatic strategy com-                    (XI) The White House Office of Science and          sure the allocations are used for the public
                                             prised of the elements specified in section 5            Technology Policy.                                     good and in response the global pandemic.




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                                             S4078                                             CONGRESSIONAL RECORD — SENATE                                                              June 30, 2020
                                               (2) IMF ISSUANCE OF SPECIAL DRAWING                    fects of the release of perfluoroalkyl sub-            and for defense activities of the De-
                                             RIGHTS.—The Secretary of the Treasury shall              stances and polyfluoroalkyl substances from            partment of Energy, to prescribe mili-
                                             instruct the United States Executive Direc-              activities of the Department of Defense (in            tary personnel strengths for such fiscal
                                             tor of the International Monetary Fund to                this subsection referred to as the ‘‘PFAS
                                                                                                                                                             year, and for other purposes; which was
                                             use the voice and vote of the United States              Task Force’’).
                                             to support the issuance of a special alloca-               (2) MEMBERSHIP.—The members of the                   ordered to lie on the table; as follows:
                                             tion of not less than 2,000,000,000,000 Special          PFAS Task Force are the following:                       At the end of subtitle B of title III, add the
                                             Drawing Rights so that governments are                     (A) The Assistant Secretary of Defense for           following:
                                             able to access additional resources to finance           Sustainment.                                           SEC. 320. INCREASE IN AUTHORIZATIONS FOR
                                             their responses to the global COVID–19 pan-                (B) The Assistant Secretary of the Army                          PURPOSES OF REMEDIATION OF
                                             demic.                                                   for Installations, Energy, and Environment.                        PERFLUOROALKYL           AND
                                                                                                                                                                         POLYFLUOROALKYL SUBSTANCES.
                                               (b) REPORT REQUIRED.—The Chairman of                     (C) The Assistant Secretary of the Navy
                                             the National Advisory Council on Inter-                  for Energy, Installations, and Environment.              (a) IN GENERAL.—The amount authorized
                                             national Monetary and Financial Policies                   (D) The Assistant Secretary of the Air               to be appropriated by this Act for fiscal year
                                             shall include in the annual report required              Force for Installations, Environment, and              2021 for the accounts of the Department of
                                             by section 1701 of the International Finan-              Energy.                                                Defense specified in subsection (b) shall be
                                             cial Institutions Act (22 U.S.C. 262r) a de-               (E) A liaison from the Department of Vet-            increased by the amounts specified in such
                                             scription of progress made toward advancing              erans Affairs to be determined by the Sec-             subsection and the amount of such increase
                                             the policies described in subsection (a).                retary of Veterans Affairs.                            shall be used for purposes of remediation of
                                               (c) TERMINATION.—Subsections (a) and (b)                 (3) CHAIRMAN.—The Assistant Secretary of             perfluoroalkyl         substances          and
                                             shall have no force or effect after the earlier          Defense for Sustainment shall be the chair-            polyfluoroalkyl substances.
                                             of—                                                      man of the PFAS Task Force.                              (b) ACCOUNTS INCREASED.—The accounts of
                                               (1) the date that is one year after the date             (4) SUPPORT.—The Under Secretary of De-              the Department specified in this subsection,
                                             of the enactment of this Act; or                         fense for Personnel and Readiness and such             and the amounts of any increase so specified,
                                               (2) the date that is 30 days after the date            other individuals as the Secretary of Defense          are the following:
                                             on which the Secretary of the Treasury sub-              considers appropriate shall support the ac-              (1) The amount authorized to be appro-
                                             mits to the Committee on Foreign Relations               tivities of the PFAS Task Force.                       priated for Environmental Restoration, Navy
                                             of the Senate and the Committee on Finan-                  (5) DUTIES.—The duties of the PFAS Task              shall be increased by $17,000,000.
                                             cial Services of the House of Representatives            Force are the following:                                 (2) The amount authorized to be appro-
                                             a report stating that the SARS–CoV–2 virus                 (A) Analysis of the health aspects of expo-          priated for Operation and Maintenance, Navy
                                             is no longer a serious threat to public health           sure to perfluoroalkyl substances and                  shall be increased by $13,600,000.
                                             in any part of the world.                                polyfluoroalkyl substances.                              (3) The amount authorized to be appro-
                                                                                                        (B) Establishment of clean-up standards              priated for Operation and Maintenance,
                                               SA 2384. Mrs. SHAHEEN submitted                        and performance requirements relating to               Army National Guard shall be increased by
                                             an amendment intended to be proposed                     mitigating the effects of the release of               $20,000,000.
                                             by her to the bill S. 4049, to authorize                 perfluoroalkyl          substances         and           (4) The amount authorized to be appro-
                                                                                                      polyfluoroalkyl substances.                            priated for Operation and Maintenance, Air
                                             appropriations for fiscal year 2021 for                                                                         National Guard shall be increased by
                                             military activities of the Department                      (C) Finding and funding the procurement
                                                                                                      of an effective substitute firefighting foam           $15,000,000.
                                             of Defense, for military construction,                                                                            (c) OFFSET.—The amount authorized to be
                                                                                                      without      perfluoroalkyl   substances     or
                                             and for defense activities of the De-                    polyfluoroalkyl substances.                            appropriated by this Act for fiscal year 2021
                                             partment of Energy, to prescribe mili-                     (D) Establishment of standards that are              for operation and maintenance for the Air
                                             tary personnel strengths for such fiscal                 supported by science for determining expo-             Force, SAG 12C, shall be reduced by
                                             year, and for other purposes; which was                  sure    to    and   ensuring   clean   up    of        $65,600,000.
                                             ordered to lie on the table; as follows:                 perfluoroalkyl          substances         and
                                                                                                      polyfluoroalkyl substances.                              SA 2387. Mr. UDALL submitted an
                                               At the end of subtitle E of title VIII, add
                                                                                                        (E) Establishment of interagency coordina-           amendment intended to be proposed to
                                             the following:
                                             SEC. ll. PERMANENCY OF SBIR AND STTR PRO-                tion with respect to mitigating the effects of         amendment SA 2301 proposed by Mr.
                                                        GRAMS.                                        the release of perfluoroalkyl substances and           INHOFE to the bill S. 4049, to authorize
                                               (a) SBIR.—Section 9(m) of the Small Busi-              polyfluoroalkyl substances.                            appropriations for fiscal year 2021 for
                                             ness Act (15 U.S.C. 638(m)) is amended—                    (6) REPORT.—Not later than 180 days after            military activities of the Department
                                               (1) in the subsection heading, by striking             the date of the enactment of this Act, and             of Defense, for military construction,
                                             ‘‘TERMINATION’’ and inserting ‘‘SBIR PRO-                semiannually thereafter, the Chairman of
                                                                                                                                                             and for defense activities of the De-
                                             GRAM AUTHORIZATION’’; and                                the PFAS Task Force shall submit to Con-
                                                                                                      gress a report on the activities of the task           partment of Energy, to prescribe mili-
                                               (2) by striking ‘‘terminate on September
                                                                                                      force.                                                 tary personnel strengths for such fiscal
                                             30, 2022’’ and inserting ‘‘be in effect for each
                                             fiscal year’’.                                             (b) BLOOD TESTING FOR MEMBERS OF THE                 year, and for other purposes; which was
                                               (b) STTR.—Section 9(n)(1)(A) of the Small              ARMED FORCES AND THEIR DEPENDENTS TO                   ordered to lie on the table; as follows:
                                             Business Act (15 U.S.C. 638(n)(1)(A)) is                 DETERMINE EXPOSURE TO PERFLUOROALKYL                     At the appropriate place, insert the fol-
                                             amended by striking ‘‘through fiscal year                AND POLYFLUOROALKYL SUBSTANCES.—                       lowing:
                                             2022’’.                                                    (1) IN GENERAL.—Beginning on October 1,
                                                                                                                                                             SEC. llll. INDIAN WATER RIGHTS SETTLE-
                                                                                                      2020, the Secretary of Defense shall make                       MENT EXTENSION.
                                               SA 2385. Mrs. SHAHEEN submitted                        available, on an annual basis, to each mem-              Section 10501 of the Omnibus Public Land
                                             an amendment intended to be proposed                     ber of the Armed Forces and their depend-              Management Act of 2009 (43 U.S.C. 407) is
                                                                                                      ents blood testing to determine and docu-
                                             to amendment SA 2301 proposed by Mr.                                                                            amended—
                                                                                                      ment potential exposure to perfluoroalkyl                (1) in subsection (b)(1), by inserting ‘‘and
                                             INHOFE to the bill S. 4049, to authorize                 substances and polyfluoroalkyl substances
                                             appropriations for fiscal year 2021 for                                                                         for each of fiscal years 2031 through 2040’’
                                                                                                      (commonly known as ‘‘PFAS’’).                          after ‘‘fiscal years 2020 through 2029’’;
                                             military activities of the Department                      (2) DEPENDENT DEFINED.—In this sub-                    (2) in subsection (c)—
                                             of Defense, for military construction,                   section, the term ‘‘dependent’’ has the mean-            (A) in paragraph (1), by striking subpara-
                                             and for defense activities of the De-                    ing given that term in section 1072(2) of title        graph (A) and inserting the following:
                                             partment of Energy, to prescribe mili-                   10, United States Code.                                  ‘‘(A) EXPENDITURES.—
                                                                                                        (c) OFFSET.—The amount authorized to be
                                             tary personnel strengths for such fiscal                                                                          ‘‘(i) IN GENERAL.—Subject to subparagraph
                                                                                                      appropriated by this Act for fiscal year 2021
                                             year, and for other purposes; which was                  for operation and maintenance for the Air              (B)—
                                             ordered to lie on the table; as follows:                 Force, SAG 12C, other combat operations                  ‘‘(I) for each of fiscal years 2020 through
                                               At the end of subtitle B of title III, add the         support programs, is hereby reduced by                 2029, the Secretary may expend from the
                                             following:                                               $100,000,000.                                          Fund an amount not to exceed $120,000,000,
                                             SEC.   320.  RESPONSE   TO   RELEASE   OF
                                                                                                                                                             plus the interest accrued from the Fund, for
                                                        PERFLUOROALKYL     SUBSTANCES                   SA 2386. Mrs. GILLIBRAND (for her-                   the fiscal year in which expenditures are
                                                        AND    POLYFLUOROALKYL     SUB-               self and Mr. MERKLEY) submitted an                     made pursuant to paragraphs (2) and (3); and




dlhill on DSK120RN23PROD with SENATE
                                                        STANCES BY THE DEPARTMENT OF                  amendment intended to be proposed to                     ‘‘(II) subject to clause (ii), for each of fiscal
                                                        DEFENSE.                                                                                             years 2031 through 2045, the Secretary may
                                              (a)          PERFLUOROALKYL          AND
                                                                                                      amendment SA 2301 proposed by Mr.                      expend from the Fund an amount not to ex-
                                             POLYFLUOROALKYL       SUBSTANCES     TASK                INHOFE to the bill S. 4049, to authorize               ceed $120,000,000, plus the interest accrued in
                                             FORCE.—                                                  appropriations for fiscal year 2021 for                the Fund, for the fiscal year in which ex-
                                              (1) IN GENERAL.—The Secretary of Defense                military activities of the Department                  penditures are made pursuant to paragraph
                                             shall establish a task force to address the ef-          of Defense, for military construction,                 (2).




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                                             June 30, 2020                                     CONGRESSIONAL RECORD — SENATE                                                                      S4079
                                                ‘‘(ii) LIMITATION.—Of the amount described              (3) by redesignating the second paragraph              sion of the Senate on Tuesday, June 30,
                                             in clause (i)(II) for each of fiscal years 2031          (4) (relating to the effect of the subsection)           2020, at 10 a.m., to conduct a hearing.
                                             through 2045, the Secretary may expend an                as paragraph (5); and
                                                                                                                                                                 COMMITTEE ON HEALTH, EDUCATION, LABOR,
                                             amount not to exceed $90,000,000 for an indi-              (4) in paragraph (5) (as so redesignated)—
                                                                                                                                                                             AND PENSIONS
                                             vidual Indian water rights settlement, unless              (A) by striking subparagraph (B);
                                             the Secretary determines that an expendi-                  (B) in subparagraph (A), by striking ‘‘; or’’            The Committee on Health, Edu-
                                             ture of more than $90,000,000 would not ad-              and inserting a period; and                              cation, Labor, and Pensions is author-
                                             versely affect the funding of the implemen-                (C) by striking ‘‘the Secretary—’’ and all             ized to meet during the session of the
                                             tation of other congressionally approved set-            that follows through ‘‘to develop’’ in sub-              Senate on Tuesday, June 30, 2020, 10
                                             tlement agreements.’’;                                   paragraph (A) and inserting ‘‘the Secretary              a.m., to conduct a hearing.
                                                (B) in paragraph (2), in the matter pre-              to develop’’.
                                                                                                                                                                     COMMITTEE ON HOMELAND SECURITY AND
                                             ceding subparagraph (A), by striking ‘‘litiga-           SEC. 2. CONTINUED USE OF PICK-SLOAN MIS-
                                                                                                                                                                           GOVERNMENTAL AFFAIRS
                                             tion involving the United States, if the set-                       SOURI BASIN PROGRAM PROJECT
                                             tlement agreement or implementing legisla-                          USE POWER BY THE KINSEY IRRIGA-                 The Committee on Homeland Secu-
                                             tion requires the Bureau of Reclamation’’                           TION COMPANY AND THE SIDNEY                   rity and Governmental Affairs is au-
                                                                                                                 WATER USERS IRRIGATION DIS-
                                             and inserting ‘‘claims concerning Indian                            TRICT.
                                                                                                                                                               thorized to meet during the session of
                                             water resources, if the settlement agreement
                                                                                                        (a) AUTHORIZATION.—Notwithstanding any                 the Senate on Tuesday, June 30, 2020,
                                             or implementing legislation authorizes the                                                                        at 2:30 p.m., to conduct a hearing on
                                                                                                      other provision of law and subject to sub-
                                             Secretary’’; and                                                                                                  the Nomination of The Honorable
                                                                                                      section (b), the Secretary of the Interior
                                                (C) in paragraph (3)—
                                                                                                      (acting through the Commissioner of Rec-                 Derek T. Kan to be Deputy Director,
                                                (i) in subparagraph (A)—
                                                (I) in clause (i)—
                                                                                                      lamation) shall continue to treat the irriga-            Office of Management and Budget.
                                                                                                      tion pumping units known as the ‘‘Kinsey Ir-                        COMMITTEE ON THE JUDICIARY
                                                (aa) in subclause (I), by striking ‘‘the en-
                                                                                                      rigation Company’’ in Custer County, Mon-
                                             tire period in which the Fund is in exist-
                                                                                                      tana and the ‘‘Sidney Water Users Irrigation
                                                                                                                                                                 The Committee on the Judiciary is
                                             ence’’ and inserting ‘‘the period of fiscal                                                                       authorized to meet during the session
                                                                                                      District’’ in Richland County, Montana, or
                                             years 2020 through 2029’’; and                                                                                    of the Senate on Tuesday, June 30, 2020,
                                                                                                      any successor to the Kinsey Irrigation Com-
                                                (bb) in subclause (II), by inserting ‘‘during                                                                  a 2:30 p.m., to conduct a hearing.
                                                                                                      pany or Sidney Water Users Irrigation Dis-
                                             the period of fiscal years 2020 through 2029’’
                                                                                                      trict, as irrigation pumping units of the                        SELECT COMMITTEE ON INTELLIGENCE
                                             after ‘‘into the Fund’’; and
                                                                                                      Pick-Sloan Missouri Basin Program for the                  The Select Committee on Intel-
                                                (II) in clause (ii), by inserting ‘‘or are de-
                                                                                                      purposes of wheeling, administration, and
                                             posited into the Fund after fiscal year 2029’’
                                                                                                      payment of project use power, including the
                                                                                                                                                               ligence is authorized to meet during
                                             after ‘‘subparagraph (B)’’;                                                                                       the session of the Senate on Tuesday,
                                                                                                      applicability of provisions relating to the
                                                (ii) in subparagraph (B), in clauses                                                                           June 30, 2020, a 2:30 p.m., to conduct a
                                                                                                      treatment of costs beyond the ability to pay
                                             (i)(II)(bb), (iii)(II)(bb), and (iv)(II)(bb), by                                                                  hearing.
                                                                                                      under section 9 of the Act of December 22,
                                             striking ‘‘the entire period in which the
                                                                                                      1944 (commonly known as the ‘‘Flood Control                    SUBCOMMITTEE ON TRANSPORTATION AND
                                             Fund is in existence’’ each place it appears
                                                                                                      Act of 1944’’) (58 Stat. 891, chapter 665).                                  SAFETY
                                             and inserting ‘‘the period of fiscal years 2020            (b) LIMITATION.—The quantity of power to
                                             through 2029’’;                                                                                                     The Subcommittee on Transpor-
                                                                                                      be provided to the Kinsey Irrigation Com-
                                                (iii) in subparagraph (C)—                            pany and the Sidney Water Users Irrigation
                                                                                                                                                               tation and Safety of the Committee on
                                                (I) by striking ‘‘December 31, 2019’’ and in-         District (including any successor to the                 Commerce, Science, and Transpor-
                                             serting ‘‘December 31, 2021’’; and                       Kinsey Irrigation Company or the Sidney                  tation is authorized to meet during the
                                                (II) by striking ‘‘for any authorized use’’           Water Users Irrigation District) under sub-              session of the Senate on Tuesday, June
                                             and inserting ‘‘for any use authorized under             section (a) may not exceed the maximum                   9, 2020, at 2:30 p.m., to conduct a hear-
                                             paragraph (2)’’; and                                     quantity of power provided to the Kinsey Ir-
                                                (iv) by adding at the end the following:                                                                       ing.
                                                                                                      rigation Company and the Sidney Water                          SUBCOMMITTEE ON INTERNATIONAL TRADE,
                                                ‘‘(D) SUFFICIENCY OF FUNDS.—The Sec-                  Users Irrigation District under the applica-
                                             retary may use amounts in the Fund in a fis-                                                                             CUSTOMS, AND GLOBAL COMPETITIVENESS
                                                                                                      ble contract for electric service in effect on
                                             cal year for multiple settlements under sub-                                                                        The Subcommittee on International
                                                                                                      the date of enactment of this Act.
                                             paragraph (B), without regard to the prior-                                                                       Trade, Customs, and Global Competi-
                                             ities described in clauses (ii) through (iv) of                           f
                                                                                                                                                               tiveness of the Committee on Finance
                                             subparagraph (B), to ensure that sufficient               AUTHORITY FOR COMMITTEES TO MEET
                                                                                                                                                               is authorized to meet during the ses-
                                             funds are available to meet the enforce-                   Mr. CORNYN. Mr. President, I have
                                             ability date or substantial completion date                                                                       sion of the Senate on Tuesday, June 30,
                                                                                                      10 requests for committees to meet                       2020, at 2:30 p.m., to conduct a hearing.
                                             of a settlement.’’; and                                  during today’s session of the Senate.
                                                (3) in subsection (f), by striking ‘‘Sep-                                                                                        f
                                                                                                      They have the approval of the Majority
                                             tember 30, 2034’’ and inserting ‘‘September
                                             30, 2045’’.                                              and Minority leaders.                                       ENSURING QUALITY CARE FOR
                                                                                                        Pursuant to rule XXVI, paragraph                                OUR VETERANS ACT
                                               SA 2388. Mr. PERDUE (for Mr.                           5(a), of the Standing Rules of the Sen-                    Mr. PERDUE. Madam President, I
                                             MERKLEY) proposed an amendment to                        ate, the following committees are au-                    ask unanimous consent that the Sen-
                                             the bill S. 3758, to amend the Klamath                   thorized to meet during today’s session                  ate proceed to the immediate consider-
                                             Basin Water Supply Enhancement Act                       of the Senate:                                           ation of Calendar No. 422, S. 123.
                                             of 2000 to make certain technical cor-                       COMMITTEE ON BANKING, HOUSING, AND URBAN               The PRESIDING OFFICER. The
                                                                                                                          AFFAIRS
                                             rections; as follows:                                                                                             clerk will report the bill by title.
                                                                                                        The Committee on Banking, Housing,                       The senior assistant legislative clerk
                                               Strike all after the enacting clause and in-
                                             sert the following:
                                                                                                      and Urban Affairs is authorized to                       read as follows:
                                                                                                      meet during the session of the Senate                      A bill (S. 123) to require the Secretary of
                                             SECTION 1. KLAMATH BASIN WATER SUPPLY EN-
                                                        HANCEMENT ACT OF 2000 TECH-                   on Tuesday, June 30, 2020, at 10 a.m., to                Veterans Affairs to enter into a contract or
                                                        NICAL CORRECTIONS.                            conduct a hearing.                                       other agreement with a third party to review
                                               Section 4(b) of the Klamath Basin Water                       COMMITTEE ON ENERGY AND NATURAL                   appointees in the Veterans Health Adminis-
                                             Supply Enhancement Act of 2000 (114 Stat.                                  RESOURCES                              tration who had a license terminated for
                                             2222; 132 Stat. 3887) is amended—                          The Committee on Energy and Nat-                       cause by a State licensing board for care or
                                               (1) in paragraph (1)—                                  ural Resources is authorized to meet                     services rendered at a non-Veterans Health
                                               (A) in the matter preceding subparagraph                                                                        Administration facility and to provide indi-
                                                                                                      during the session of the Senate on
                                             (A)—                                                                                                              viduals treated by such an appointee with
                                               (i) by striking ‘‘Pursuant to the reclama-             Tuesday, June 30, 2020, at 2:30 p.m., to                 notice if it is determined that an episode of
                                             tion laws and subject’’ and inserting ‘‘Sub-             conduct a hearing.                                       care or services to which they received was
                                             ject’’; and                                                               COMMITTEE ON FINANCE                    below the standard of care, and for other
                                               (ii) by striking ‘‘may’’ and inserting ‘‘is              The Committee on Finance is author-                    purposes.




dlhill on DSK120RN23PROD with SENATE
                                             authorized to’’; and                                     ized to meet during the session of the                     There being no objection, the Senate
                                               (B) in subparagraph (A), by inserting ‘‘, in-          Senate on Tuesday, June 30, 2020, at
                                             cluding conservation and efficiency meas-
                                                                                                                                                               proceeded to consider the bill, which
                                                                                                      10:15 a.m., to conduct a hearing.                        had been reported from the Committee
                                             ures, land idling, and use of groundwater,’’
                                             after ‘‘administer programs’’;                                   COMMITTEE ON FOREIGN RELATIONS                   on Veterans’ Affairs.
                                               (2) in paragraph (3)(A), by inserting ‘‘and’’            The Committee on Foreign Relations                       Mr. PERDUE. I ask unanimous con-
                                             after the semicolon at the end;                          is authorized to meet during the ses-                    sent that the bill be considered read a



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