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.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“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/
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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).’’.
dlhill on DSK120RN23PROD with SENATE
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
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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
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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
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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-
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‘‘(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.
dlhill on DSK120RN23PROD with SENATE
‘‘(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—
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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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