Text of S. 4049, National Defense Authorization Act for Fiscal Year 2021 — Congressional Record, Senate
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A page of the Congressional Record, Senate, dated August 5, 2020, beginning at page S4976, in a very long document, under the heading Text of S. 4049, the National Defense Authorization Act for Fiscal Year 2021. The text, which the Senate passed on July 23, 2020, shows the short title, organization into six divisions and table of contents, and provisions on institutional review boards used by the Department and a report on approvals. The page also lists committee meetings for Wednesday, August 5, 2020, including a Banking Committee executive session on nominations of Hester Peirce, Caroline Crenshaw and Kyle Hauptman to the Securities and Exchange Commission and a credit union board.
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“Text of S. 4049, National Defense Authorization Act for Fiscal Year 2021 — Congressional Record, Senate.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-08-05-crec-2020-08-05-pt1-pgs4976-2-831f14ef56/
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S4976 CONGRESSIONAL RECORD — SENATE August 5, 2020
(2) establish a process to modify existing COMMITTEE ON BANKING, HOUSING, AND URBAN NATIONAL DEFENSE AUTHORIZA-
approvals in the event that a commercial in- AFFAIRS TION ACT FOR FISCAL YEAR 2021
stitutional review board loses its accredita- The Committee on Banking, Housing,
tion during an ongoing clinical trial. (On July 23, 2020, the Senate passed
(c) REPORT.—
and Urban Affairs is authorized to S. 4049, as follows:)
(1) IN GENERAL.—Not later than 90 days meet during the session of the Senate S. 4049
after the completion of the policy revisions on Wednesday, August 5, 2020, at 2 p.m.
Be it enacted by the Senate and House of Rep-
under subsection (a), and annually there- to meet in Executive Session to vote resentatives of the United States of America in
after, the Secretary shall submit to the Com- on the following nominations: The Congress assembled,
mittee on Veterans’ Affairs of the Senate Honorable Hester Peirce, of Ohio, to be SECTION 1. SHORT TITLE.
and the Committee on Veterans’ Affairs of a member of the Securities and Ex- This Act may be cited as the ‘‘National De-
the House of Representatives a report on all change Commission; Mrs. Caroline fense Authorization Act for Fiscal Year
approvals of institutional review boards used
by the Department, including central insti-
Crenshaw, of the District of Columbia, 2021’’.
tutional review boards and commercial insti- to be a member of the Securities and SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS;
Exchange Commission; and Mr. Kyle TABLE OF CONTENTS.
tutional review boards.
(2) ELEMENTS.—The report required by Hauptman, of Maine, to be a member of (a) DIVISIONS.—This Act is organized into
paragraph (1) shall include, at a minimum, the National Credit Union Administra- six divisions as follows:
the following: (1) Division A—Department of Defense Au-
tion Board.
(A) The name of each clinical trial with re- thorizations.
COMMITTEE ON COMMERCE, SCIENCE, AND (2) Division B—Military Construction Au-
spect to which the use of an institutional re-
TRANSPORTATION thorizations.
view board has been approved.
(B) The institutional review board or insti- The Committee on Commerce, (3) Division C—Department of Energy Na-
tutional review boards used in the approval Science, and Transportation is author- tional Security Authorizations and Other
process for each clinical trial. Authorizations.
ized to meet during the session of the
(C) The amount of time between submis- (4) Division D—Funding Tables.
Senate on Wednesday, August 5, 2020, (5) Division E—Additional Provisions.
sion and approval. at 10 a.m. the committee will hold a (6) Division F—Intelligence Authorization
SEC. 705. CREATION OF OFFICE OF RESEARCH
REVIEWS WITHIN THE OFFICE OF IN-
full committee hearing titled ‘‘Over- Act for Fiscal Year 2021.
FORMATION AND TECHNOLOGY OF sight of the Federal Trade Commis- (b) TABLE OF CONTENTS.—The table of con-
THE DEPARTMENT OF VETERANS sion.’’ tents for this Act is as follows:
AFFAIRS. Sec. 1. Short title.
COMMITTEE ON ENERGY AND NATURAL
(a) IN GENERAL.—Not later than one year RESOURCES Sec. 2. Organization of Act into divisions;
after the date of the enactment of this Act, table of contents.
the Secretary of Veterans Affairs shall es- The Senate Committee on Energy Sec. 3. Congressional defense committees.
tablish within the Office of Information and and Natural Resources is authorized to Sec. 4. Budgetary effects of this Act.
Technology of the Department of Veterans meet during the session of the Senate DIVISION A—DEPARTMENT OF DEFENSE
Affairs an Office of Research Reviews (in this in order to hold a hearing on Wednes- AUTHORIZATIONS
section referred to as the ‘‘Office’’). day, August 5, 2020, at 10 a.m. The pur-
(b) ELEMENTS.—The Office shall do the fol- TITLE I—PROCUREMENT
pose of the hearing is to examine Fed- Subtitle A—Authorization of Appropriations
lowing:
(1) Perform centralized security reviews
eral and industry efforts to improve Sec. 101. Authorization of appropriations.
and complete security processes for approved cyber security for the energy sector,
Subtitle B—Army Programs
research sponsored outside the Department, including how to improve collaboration
on various cyber security and critical Sec. 111. Integrated air and missile defense
with a focus on multi-site clinical trials.
assessment.
(2) Develop and maintain a list of commer- infrastructure protection initiatives. Sec. 112. Report and limitation on Inte-
cially available software preferred for use in
COMMITTEE ON ENVIRONMENT AND PUBLIC grated Visual Augmentation
sponsored clinical trials of the Department
WORKS System acquisition.
and ensure such list is maintained as part of
The Committee on Environment and Sec. 113. Modifications to requirement for
the official approved software products list
an interim cruise missile de-
of the Department. Public Works is authorized to meet
fense capability.
(3) Develop benchmarks for appropriate during the session of the Senate on
timelines for security reviews conducted by Subtitle C—Navy Programs
Wednesday, August 5, 2020, at 10 a.m. to
the Office. conduct a hearing entitled ‘‘Hearing to Sec. 121. Contract authority for Columbia-
(c) REPORT.— class submarine program.
Examine a Discussion Draft Bill, S
(1) IN GENERAL.—Not later than one year Sec. 122. Limitation on Navy medium and
after the establishment of the Office, the Of- ll, American Nuclear Infrastructure large unmanned surface vessels.
fice shall submit to the Committee on Vet- Act of 2020.’’ Sec. 123. Extension of prohibition on avail-
erans’ Affairs of the Senate and the Com- COMMITTEE ON FOREIGN RELATIONS ability of funds for Navy water-
mittee on Veterans’ Affairs of the House of borne security barriers.
The Committee on Foreign Relations
Representatives a report on the activity of Sec. 124. Procurement authorities for cer-
the Office. is authorized to meet during the ses- tain amphibious shipbuilding
(2) ELEMENTS.—The report required by sion of the Senate on Wednesday, Au- programs.
paragraph (1) shall include, at a minimum, gust 5, 2020, at 9 a.m. to hold a full Sec. 125. Fighter force structure acquisition
the following: committee hearing on nominations. strategy.
(A) The number of security reviews com- The Committee on Foreign Relations Sec. 126. Treatment of systems added by
pleted. is authorized to meet during the ses- Congress in future President’s
(B) The number of personnel assigned for budget requests.
sion of the Senate on Wednesday, Au-
performing the functions described in sub- Sec. 127. Report on carrier wing composi-
section (b). gust 5, 2020, at 11:15 a.m. to hold a full tion.
committee hearing on nominations. Sec. 128. Report on strategy to use ALQ–249
f COMMITTEE ON THE JUDICIARY Next Generation Jammer to en-
sure full spectrum electro-
The Committee on the Judiciary is
magnetic superiority.
AUTHORITY FOR COMMITTEES TO authorized to meet during the session
Subtitle D—Air Force Programs
MEET of the Senate on Wednesday, August 5,
2020, at 10 a.m. to conduct a hearing en- Sec. 141. Economic order quantity con-
Mr. LANKFORD. Mr. President, I tracting authority for F–35
have 8 requests for committees to meet titled ‘‘Oversight of the Crossfire Hur-
joint strike fighter program.
during today’s session of the Senate. ricane Investigation: Day 2.’’ Sec. 142. Minimum aircraft levels for major
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They have the approval of the majority COMMITTEE ON VETERANS’ AFFAIRS mission areas.
and Minority Leaders. The Committee on Veterans’ Affairs Sec. 143. Minimum operational squadron
level.
Pursuant to rule XXVI, paragraph is authorized to meet during the ses-
Sec. 144. Minimum Air Force bomber air-
5(a), of the Standing Rules of the Sen- sion of the Senate on Wednesday, Au- craft level.
ate, the following committees are au- gust 5, 2020, at 3 p.m. to conduct a busi- Sec. 145. F–35 gun system.
thorized to meet during today’s session ness meeting to consider legislation Sec. 146. Prohibition on funding for Close
of the Senate. pending before the committee. Air Support Integration Group.
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4977
Sec. 147. Limitation on divestment of KC–10 Sec. 216. Program of part-time and term em- Sec. 313. Survey and market research of
and KC–135 aircraft. ployment at Department of De- technologies for phase out by
Sec. 148. Limitation on retirement of U–2 fense science and technology Department of Defense of use of
and RQ–4 aircraft. reinvention laboratories of fac- fluorinated aqueous film-form-
Sec. 149. Limitation on divestment of F–15C ulty and students from institu- ing foam.
aircraft in the European the- tions of higher education. Sec. 314. Modification of authority to carry
ater. Sec. 217. Improvements to Technology and out military installation resil-
Sec. 150. Air base defense development and National Security Fellowship of ience projects.
acquisition strategy. Department of Defense. Sec. 315. Native American Indian lands envi-
Sec. 151. Required solution for KC–46 air- Sec. 218. Department of Defense research, ronmental mitigation program.
craft remote visual system lim- Sec. 316. Energy resilience and energy secu-
development, and deployment
itations. rity measures on military in-
of technology to support water
Sec. 152. Analysis of requirements and Ad- stallations.
sustainment. Sec. 317. Modification to availability of en-
vanced Battle Management
System capabilities. Sec. 219. Development and testing of ergy cost savings for Depart-
Sec. 153. Studies on measures to assess cost- hypersonic capabilities. ment of Defense.
per-effect for key mission Sec. 220. Disclosure requirements for recipi- Sec. 318. Long-duration demonstration ini-
areas. ents of Department of Defense tiative and joint program.
Sec. 154. Plan for operational test and util- research and development Sec. 319. Pilot program on alternative fuel
ity evaluation of systems for grants. vehicle purchasing.
Low-Cost Attributable Aircraft Sec. 320. Extension of real-time sound moni-
Subtitle C—Plans, Reports, and Other
Technology program. toring at Navy installations
Matters
Sec. 155. Prohibition on retirement or di- where tactical fighter aircraft
vestment of A–10 aircraft. Sec. 231. Assessment on United States na- operate.
tional security emerging bio- Sec. 321. Study on impacts of transboundary
Subtitle E—Defense-wide, Joint, and technology efforts and capabili- flows, spills, or discharges of
Multiservice Matters ties and comparison with adver- pollution or debris from the Ti-
Sec. 171. Budgeting for life-cycle cost of air- saries. juana River on personnel, ac-
craft for the Navy, Army, and Sec. 232. Independent comparative analysis tivities, and installations of De-
Air Force: annual plan and cer- of efforts by China and the partment of Defense.
tification. United States to recruit and re- Sec. 322. Increase in funding for study by
Sec. 172. Authority to use F–35 aircraft tain researchers in national se- Centers for Disease Control and
withheld from delivery to Gov- curity-related fields. Prevention relating to
ernment of Turkey. perfluoroalkyl and
Sec. 233. Department of Defense demonstra-
Sec. 173. Transfer from Commander of polyfluoroalkyl substance con-
tion of virtualized radio access
United States Strategic Com- tamination in drinking water.
network and massive multiple
mand to Chairman of the Joint Subtitle C—Logistics and Sustainment
input multiple output radio ar-
Chiefs of Staff of responsibil-
rays for fifth generation wire- Sec. 331. Repeal of statutory requirement
ities and functions relating to
less networking. for notification to Director of
electromagnetic spectrum oper-
Sec. 234. Independent technical review of Defense Logistics Agency three
ations.
Federal Communications Com- years prior to implementing
Sec. 174. Cryptographic modernization
mission Order 20–48. changes to any uniform or uni-
schedules.
Sec. 175. Prohibition on purchase of armed Sec. 235. Report on micro nuclear reactor form component.
programs. Sec. 332. Clarification of limitation on
overwatch aircraft.
length of overseas forward de-
Sec. 176. Special operations armed Sec. 236. Modification to Test Resource
ployment of currently deployed
overwatch. Management Center strategic
Sec. 177. Autonomic Logistics Information naval vessels.
plan reporting cycle and con-
System redesign strategy. tents. Subtitle D—Reports
Sec. 178. Contract aviation services in a Sec. 237. Limitation on contract awards for Sec. 351. Report on impact of permafrost
country or in airspace in which certain unmanned vessels. thaw on infrastructure, facili-
a Special Federal Aviation Reg- Sec. 238. Documentation relating to the Ad- ties, and operations of the De-
ulation applies. vanced Battle Management partment of Defense.
Sec. 179. F–35 aircraft munitions. Sec. 352. Plans and reports on emergency re-
System.
Sec. 180. Airborne intelligence, surveillance, sponse training for military in-
Sec. 239. Armed Services Vocational Apti- stallations.
and reconnaissance acquisition
tude Battery Test special pur- Sec. 353. Report on implementation by De-
roadmap for United States Spe-
pose adjunct to address com- partment of Defense of require-
cial Operations Command.
Sec. 181. Requirement to accelerate the putational thinking. ments relating to renewable
fielding and development of Sec. 240. Report on use of testing facilities fuel pumps.
counter unmanned aerial sys- to research and develop Sec. 354. Report on effects of extreme weath-
tems across the joint force. hypersonic technology. er on Department of Defense.
Sec. 182. Joint All Domain Command and Sec. 241. Study and plan on the use of addi- Subtitle E—Other Matters
Control requirements. tive manufacturing and three- Sec. 371. Prohibition on divestiture of
TITLE II—RESEARCH, DEVELOPMENT, dimensional bioprinting in sup- manned intelligence, surveil-
TEST, AND EVALUATION port of the warfighter. lance, and reconnaissance air-
Sec. 242. Element in annual reports on cyber craft operated by United States
Subtitle A—Authorization of Appropriations
science and technology activi- Special Operations Command.
Sec. 201. Authorization of appropriations. ties on work with academic Sec. 372. Information on overseas construc-
Subtitle B—Program Requirements, consortia on high priority cy- tion projects in support of con-
Restrictions, and Limitations bersecurity research activities tingency operations using funds
Sec. 211. Designation and activities of senior in Department of Defense capa- for operation and maintenance.
officials for critical technology bilities. Sec. 373. Provision of protection to the Na-
areas supportive of the Na- TITLE III—OPERATION AND tional Museum of the Marine
tional Defense Strategy. MAINTENANCE Corps, the National Museum of
Sec. 212. Governance of fifth-generation the United States Army, the
wireless networking in the De- Subtitle A—Authorization of Appropriations National Museum of the United
partment of Defense. Sec. 301. Authorization of appropriations. States Navy, and the National
Sec. 213. Application of artificial intel- Museum of the United States
Subtitle B—Energy and Environment
ligence to the defense reform Air Force.
pillar of the National Defense Sec. 311. Modifications and technical correc- Sec. 374. Inapplicability of congressional no-
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Strategy. tions to ensure restoration of tification and dollar limitation
Sec. 214. Extension of authorities to enhance contamination by requirements for advance bil-
innovation at Department of perfluorooctane sulfonate and lings for certain background in-
Defense laboratories. perfluorooctanoic acid. vestigations.
Sec. 215. Updates to Defense Quantum Infor- Sec. 312. Readiness and Environmental Pro- Sec. 375. Repeal of sunset for minimum an-
mation Science and Technology tection Integration Program nual purchase amount for car-
Research and Development pro- technical edits and clarifica- riers participating in the Civil
gram. tion. Reserve Air Fleet.
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S4978 CONGRESSIONAL RECORD — SENATE August 5, 2020
Sec. 376. Improvement of the Operational Sec. 508. Repeal of authority for original ap- Sec. 534. Comptroller General of the United
Energy Capability Improve- pointment of regular Navy offi- States report on implementa-
ment Fund of the Department cers designated for engineering tion by the Armed Forces of re-
of Defense. duty, aeronautical engineering cent GAO recommendations
Sec. 377. Commission on the naming of duty, and special duty. and statutory requirements on
items of the Department of De- Subtitle B—Reserve Component assessment of racial, ethnic,
fense that commemorate the Management and gender disparities in the
Confederate States of America military justice system.
or any person who served volun- Sec. 511. Exclusion of certain reserve gen-
Sec. 535. Briefing on mental health support
tarily with the Confederate eral and flag officers on active
for vicarious trauma for certain
States of America. duty from limitations on au-
personnel in the military jus-
Sec. 378. Modifications to review of proposed thorized strengths.
tice system.
actions by Military Aviation Subtitle C—General Service Authorities Sec. 536. Guardian ad litem program for
and Installation Assurance Sec. 516. Increased access to potential re- minor dependents of members
Clearinghouse. cruits. of the Armed Forces.
Sec. 379. Adjustment in availability of ap- Sec. 517. Temporary authority to order re-
propriations for unusual cost Subtitle E—Member Education, Training,
tired members to active duty in Transition, and Resilience
overruns and for changes in high-demand, low-density as-
scope of work. signments during war or na- Sec. 541. Training on religious accommoda-
Sec. 380. Requirement that Secretary of De- tional emergency. tion for members of the Armed
fense implement security and Sec. 518. Certificate of Release or Discharge Forces.
emergency response rec- from Active Duty (DD Form Sec. 542. Additional elements with 2021 cer-
ommendations relating to ac- 214) matters. tifications on the Ready, Rel-
tive shooter or terrorist at- Sec. 519. Evaluation of barriers to minority evant Learning initiative of the
tacks on installations of De- participation in certain units of Navy.
partment of Defense. the Armed Forces. Sec. 543. Report on standardization and po-
Sec. 381. Clarification of food ingredient re- tential merger of law enforce-
Sec. 520. Reports on diversity and inclusion
quirements for food or bev- ment training for military and
in the Armed Forces.
erages provided by the Depart- civilian personnel across the
ment of Defense. Subtitle D—Military Justice and Related
Department of Defense.
Matters
TITLE IV—MILITARY PERSONNEL Sec. 544. Quarterly reports on implementa-
AUTHORIZATIONS PART I—INVESTIGATION, PROSECUTION, AND tion of recommendations of the
DEFENSE OF SEXUAL ASSAULT AND RELATED Comprehensive Review of Spe-
Subtitle A—Active Forces
MATTERS cial Operations Forces Culture
Sec. 401. End strengths for active forces.
Sec. 402. End strength level matters. Sec. 521. Modification of time required for and Ethics.
expedited decisions in connec- Sec. 545. Information on nominations and
Subtitle B—Reserve Forces tion with applications for applications for military serv-
Sec. 411. End strengths for Selected Reserve. change of station or unit trans- ice academies.
Sec. 412. End strengths for Reserves on ac- fer of members who are victims Sec. 546. Pilot programs in connection with
tive duty in support of the re- of sexual assault or related of- Senior Reserve Officers’ Train-
serves. fenses. ing Corps units at Historically
Sec. 413. End strengths for military techni- Sec. 522. Defense Advisory Committee for Black Colleges and Universities
cians (dual status). the Prevention of Sexual Mis- and minority institutions.
Sec. 414. Maximum number of reserve per- conduct.
sonnel authorized to be on ac- Sec. 547. Expansion of Junior Reserve Offi-
Sec. 523. Report on ability of Sexual Assault cers’ Training Corps Program.
tive duty for operational sup- Response Coordinators and Sex-
port. Sec. 548. Department of Defense STARBASE
ual Assault Prevention and Re- Program.
Sec. 415. Separate authorization by Congress sponse Victim Advocates to
of minimum end strengths for perform duties. Subtitle F—Decorations and Awards
non-temporary military techni- Sec. 524. Briefing on Special Victims’ Coun- Sec. 551. Award or presentation of decora-
cians (dual status) and max- sel program. tions favorably recommended
imum end strengths for tem- Sec. 525. Accountability of leadership of the following determination on
porary military technicians Department of Defense for dis- merits of proposals for decora-
(dual status). charging the sexual harassment tions not previously submitted
Subtitle C—Authorization of Appropriations policies and programs of the in a timely fashion.
Sec. 421. Military personnel. Department. Sec. 552. Honorary promotion matters.
TITLE V—MILITARY PERSONNEL POLICY Sec. 526. Safe-to-report policy applicable
Subtitle G—Defense Dependents’ Education
across the Armed Forces.
Subtitle A—Officer Personnel Policy and Military Family Readiness Matters
Sec. 527. Additional bases for provision of
Sec. 501. Repeal of codified specification of advice by the Defense Advisory PART I—DEFENSE DEPENDENTS’ EDUCATION
authorized strengths of certain Committee for the Prevention MATTERS
commissioned officers on active of Sexual Misconduct. Sec. 561. Continuation of authority to assist
duty. Sec. 528. Additional matters for reports of local educational agencies that
Sec. 502. Temporary expansion of avail- the Defense Advisory Com- benefit dependents of members
ability of enhanced construc- mittee for the Prevention of of the Armed Forces and De-
tive service credit in a par- Sexual Misconduct. partment of Defense civilian
ticular career field upon origi- Sec. 529. Policy on separation of victim and employees.
nal appointment as a commis- accused at military service Sec. 562. Impact aid for children with severe
sioned officer. academies and degree-granting disabilities.
Sec. 503. Requirement for promotion selec- military educational institu-
tion board recommendation of Sec. 563. Staffing of Department of Defense
tions. Education Activity schools to
higher placement on promotion Sec. 530. Briefing on placement of members
list of officers of particular maintain maximum student-to-
of the Armed Forces in aca- teacher ratios.
merit. demic status who are victims of
Sec. 504. Special selection review boards for Sec. 564. Matters in connection with free ap-
sexual assault onto Non-Rated propriate public education for
review of promotion of officers Periods.
subject to adverse information dependents of members of the
identified after recommenda- PART II—OTHER MILITARY JUSTICE MATTERS Armed Forces with special
tion for promotion and related Sec. 531. Right to notice of victims of of- needs.
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matters. fenses under the Uniform Code Sec. 565. Pilot program on expanded eligi-
Sec. 505. Number of opportunities for consid- of Military Justice regarding bility for Department of De-
eration for promotion under al- certain post-trial motions, fil- fense Education Activity Vir-
ternative promotion authority. ings, and hearings. tual High School program.
Sec. 506. Mandatory retirement for age. Sec. 532. Consideration of the evidence by Sec. 566. Pilot program on expansion of eli-
Sec. 507. Clarifying and improving restate- Courts of Criminal Appeals. gibility for enrollment at do-
ment of rules on the retired Sec. 533. Preservation of records of the mili- mestic dependent elementary
grade of commissioned officers. tary justice system. and secondary schools.
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4979
Sec. 567. Comptroller General of the United Subtitle B—Bonuses and Special and Sec. 744. Modifications to pilot program on
States report on the structural Incentive Pays civilian and military partner-
condition of Department of De- Sec. 611. One-year extension of certain ex- ships to enhance interoper-
fense Education Activity piring bonus and special pay ability and medical surge capa-
schools. authorities. bility and capacity of National
PART II—MILITARY FAMILY READINESS Sec. 612. Increase in special and incentive Disaster Medical System.
MATTERS pays for officers in health pro- Sec. 745. Study on force mix options and
fessions. service models to enhance read-
Sec. 571. Responsibility for allocation of cer-
iness of medical force of the
tain funds for military child de- Subtitle C—Disability Pay, Retired Pay, and Armed Forces to provide com-
velopment programs. Survivor Benefits
Sec. 572. Improvements to Exceptional Fam- bat casualty care.
Sec. 621. Inclusion of drill or training fore- Sec. 746. Comptroller General study on de-
ily Member Program.
Sec. 573. Procedures of the Office of Special gone due to emergency travel livery of mental health services
Needs for the development of or duty restrictions in com- to members of the reserve com-
individualized services plans for putations of entitlement to and ponents of the Armed Forces.
amounts of retired pay for non- Sec. 747. Review and report on prevention of
military families with special
regular service. suicide among members of the
needs.
Sec. 574. Restatement and clarification of Sec. 622. Modernization and clarification of Armed Forces stationed at re-
authority to reimburse mem- payment of certain Reserves mote installations outside the
bers for spouse relicensing costs while on duty. contiguous United States.
Sec. 623. Relief of Richard W. Collins III. Sec. 748. Audit of medical conditions of ten-
pursuant to a permanent
ants in privatized military
change of station. Subtitle D—Other Matters
housing.
Sec. 575. Improvements to Department of Sec. 631. Permanent authority for and en- Sec. 749. Comptroller General study on pre-
Defense tracking of and re- hancement of the Government natal and postpartum mental
sponse to incidents of child lodging program. health conditions among mem-
abuse involving military de- Sec. 632. Approval of certain activities by bers of the Armed Forces and
pendents on military installa- retired and reserve members of their dependents.
tions. the uniformed services. Sec. 750. Plan for evaluation of flexible
Sec. 576. Military child care and child devel- spending account options for
opment center matters. TITLE VII—HEALTH CARE PROVISIONS
members of the uniformed serv-
Sec. 577. Expansion of financial assistance Subtitle A—TRICARE and Other Health Care
ices and their families.
under My Career Advancement Benefits Sec. 751. Assessment of receipt by civilians
Account program. Sec. 701. Authority for Secretary of Defense of emergency medical treat-
Subtitle H—Other Matters to manage provider type refer- ment at military medical treat-
Sec. 586. Removal of personally identifying ral and supervision require- ment facilities.
and other information of cer- ments under TRICARE pro- Sec. 752. Report on billing practices for
tain persons from investigative gram. health care from Department of
reports, the Department of De- Sec. 702. Removal of Christian Science pro- Defense.
fense Central Index of Inves- viders as authorized providers Sec. 753. Access of veterans to Individual
tigations, and other records and under the TRICARE program. Longitudinal Exposure Record.
databases. Sec. 703. Waiver of fees charged to certain Sec. 754. Study on the incidence of cancer
Sec. 587. National emergency exception for civilians for emergency medical diagnosis and mortality among
timing requirements with re- treatment provided at military military aviators and aviation
spect to certain surveys of medical treatment facilities. support personnel.
members of the Armed Forces. Sec. 704. Mental health resources for mem- Subtitle D—Mental Health Services From
Sec. 588. Sunset and transfer of functions of bers of the Armed Forces and Department of Veterans Affairs for Mem-
the Physical Disability Board their dependents during the bers of Reserve Components
of Review. COVID–19 pandemic. Sec. 761. Short title.
Sec. 589. Extension of reporting deadline for Sec. 705. Transitional health benefits for Sec. 762. Expansion of eligibility for read-
the annual report on the assess- certain members of the Na- justment counseling and re-
ment of the effectiveness of ac- tional Guard serving under or- lated outpatient services from
tivities of the federal voting as- ders in response to the Department of Veterans Affairs
sistance program. coronavirus (COVID–19). to include members of reserve
Sec. 590. Pilot programs on remote provision Sec. 706. Extramedical maternal health pro- components of the Armed
by National Guard to State viders demonstration project. Forces.
governments and National Sec. 707. Pilot program on receipt of non-ge- Sec. 763. Provision of mental health services
Guards of other States of cyber- neric prescription maintenance from Department of Veterans
security technical assistance in medications under TRICARE Affairs to members of reserve
training, preparation, and re- pharmacy benefits program. components of the Armed
sponse to cyber incidents. Forces.
Subtitle B—Health Care Administration
Sec. 591. Plan on performance of funeral Sec. 764. Inclusion of members of reserve
honors details by members of Sec. 721. Modifications to transfer of Army components in mental health
other Armed Forces when mem- Medical Research and Develop- programs of Department of Vet-
bers of the Armed Force of the ment Command and public erans Affairs.
deceased are unavailable. health commands to Defense Sec. 765. Report on mental health and re-
Sec. 592. Limitation on implementation of Health Agency. lated services provided by De-
Army Combat Fitness Test. Sec. 722. Delay of applicability of adminis- partment of Veterans Affairs to
Sec. 593. Report on impact of children of cer- tration of TRICARE dental members of the Armed Forces.
tain Filipino World War II vet- plans through Federal Employ- TITLE VIII—ACQUISITION POLICY, AC-
erans on national security, for- ees Dental and Vision Insurance QUISITION MANAGEMENT, AND RE-
eign policy, and economic and Program. LATED MATTERS
humanitarian interests of the Sec. 723. Authority of Secretary of Defense
to waive requirements during Subtitle A—Industrial Base Matters
United States.
national emergencies for pur- Sec. 801. Policy recommendations for imple-
TITLE VI—COMPENSATION AND OTHER
poses of provision of health mentation of Executive Order
PERSONNEL BENEFITS
care. 13806 (Assessing and Strength-
Subtitle A—Pay and Allowances ening the Manufacturing and
Sec. 601. Reorganization of certain allow- Subtitle C—Reports and Other Matters
Defense Industrial Base and
ances other than travel and Sec. 741. Extension of authority for Joint Supply Chain Resiliency).
Department of Defense-Depart-
SSpencer on DSK126QN23PROD with SENATE
transportation allowances. Sec. 802. Assessment of national security in-
Sec. 602. Hazardous duty pay for members of ment of Veterans Affairs Med- novation base.
the Armed Forces performing ical Facility Demonstration Sec. 803. Improving implementation of pol-
duty in response to the Fund. icy pertaining to the national
Coronavirus Disease 2019. Sec. 742. Membership of Board of Regents of technology and industrial base.
Sec. 603. Compensation and credit for retired Uniformed Services University Sec. 804. Modification of framework for
pay purposes for maternity of the Health Sciences. modernizing acquisition proc-
leave taken by members of the Sec. 743. Military Health System Clinical esses to ensure integrity of in-
reserve components. Quality Management Program. dustrial base.
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S4980 CONGRESSIONAL RECORD — SENATE August 5, 2020
Sec. 805. Assessments of industrial base ca- Sec. 882. Balancing security and innovation Sec. 935. Amendments relating to provisions
pabilities and capacity. in software development and of law on veterans’ benefits.
Sec. 806. Analyses of certain materials and acquisition. Sec. 936. Amendments to other provisions of
technology sectors for action to Sec. 883. Comptroller General report on in- the United States Code.
address sourcing and industrial tellectual property acquisition Sec. 937. Applicability to other provisions of
capacity. and licensing. law.
Sec. 807. Microelectronics manufacturing Sec. 884. Pilot program exploring the use of
strategy. consumption-based solutions to PART II—OTHER MATTERS
Sec. 808. Additional requirements pertaining address software-intensive Sec. 941. Matters relating to reserve compo-
to printed circuit boards. warfighting capability. nents for the Space Force.
Sec. 809. Statement of policy with respect to Subtitle G—Other Matters Sec. 942. Transfers of military and civilian
supply of strategic minerals personnel to the Space Force.
and metals for Department of Sec. 891. Safeguarding defense-sensitive
United States intellectual prop- Sec. 943. Limitation on transfer of military
Defense purposes.
Sec. 810. Report on strategic and critical erty, technology, and other installations to the jurisdiction
minerals and metals. data and information. of the Space Force.
Sec. 811. Stabilization of shipbuilding indus- Sec. 892. Domestic comparative testing ac- Sec. 944. Clarification of procurement of
trial base workforce. tivities. commercial satellite commu-
Sec. 812. Miscellaneous limitations on the Sec. 893. Repeal of apprenticeship program. nications services.
procurement of goods other TITLE IX—DEPARTMENT OF DEFENSE Sec. 945. Temporary exemption from author-
than United States goods. ORGANIZATION AND MANAGEMENT ized daily average of members
Sec. 813. Use of domestically sourced star Subtitle A—Office of the Secretary of in pay grades E–8 and E–9.
trackers in national security Defense and Related Matters Sec. 946. Application of acquisition dem-
satellites. onstration project to Depart-
Sec. 814. Modification to small purchase Sec. 901. Assistant Secretary of Defense for
Special Operations and Low In- ment of the Air Force employ-
threshold exception to sourcing ees assigned to acquisition posi-
requirements for certain arti- tensity Conflict and related
matters. tions within the Space Force.
cles. Sec. 947. Air and Space Force Medal.
Sec. 902. Redesignation and codification in
Subtitle B—Acquisition Policy and law of Office of Economic Ad- Subtitle D—Organization and Management
Management justment. of Other Department of Defense Offices and
Sec. 831. Report on acquisition risk assess- Sec. 903. Modernization of process used by Elements
ment and mitigation as part of the Department of Defense to
Adaptive Acquisition Frame- Sec. 951. Annual report on establishment of
identify, task, and manage Con-
work implementation. field operating agencies.
gressional reporting require-
Sec. 832. Comptroller General report on im- ments. Sec. 952. Briefing on assignment of members
plementation of software acqui- Sec. 904. Inclusion of Vice Chief of the Na- of the Armed Forces on active
sition reforms. tional Guard Bureau as an advi- duty to the Joint Artificial In-
Subtitle C—Amendments to General Con- sor to the Joint Requirements telligence Center of the Depart-
tracting Authorities, Procedures, and Lim- Oversight Council. ment of Defense.
itations Sec. 905. Assignment of responsibility for Sec. 953. Threats to United States forces
the Arctic region within the Of- from small unmanned aerial
Sec. 841. Authority to acquire innovative
fice of the Secretary of Defense. systems worldwide.
commercial products and serv-
ices using general solicitation Subtitle B—Department of Defense TITLE X—GENERAL PROVISIONS
competitive procedures. Management Reform Subtitle A—Financial Matters
Sec. 842. Truth in Negotiations Act thresh- Sec. 911. Termination of position of Chief
old for Department of Defense Sec. 1001. General transfer authority.
Management Officer of the De-
contracts. Sec. 1002. Application of Financial Improve-
partment of Defense.
Sec. 843. Revision of proof required when Sec. 912. Report on assignment of respon- ment and Audit Remediation
using an evaluation factor for sibilities, duties, and authori- Plan to fiscal years following
defense contractors employing ties of Chief Management Offi- fiscal year 2020.
or subcontracting with mem- cer to other officers or employ- Sec. 1003. Incentives for the achievement by
bers of the selected reserve of ees of the Department of De- the components of the Depart-
the reserve components of the fense. ment of Defense of unqualified
Armed Forces. Sec. 913. Performance Improvement Officer audit opinions on the financial
Sec. 844. Contract authority for advanced of the Department of Defense. statements.
development of initial or addi- Sec. 914. Assignment of certain responsibil- Subtitle B—Counterdrug Activities
tional prototype units. ities and duties to particular
Sec. 845. Definition of business system defi- Sec. 1011. Codification of authority for joint
officers of the Department of
ciencies for contractor business task forces of the Department
Defense.
systems. of Defense to support law en-
Sec. 915. Assignment of responsibilities and
Sec. 846. Repeal of pilot program on pay- forcement agencies conducting
duties of Chief Management Of-
ment of costs for denied Gov- counterterrorism or counter-
ficer to officers or employees of
ernment Accountability Office transnational organized crime
the Department of Defense to
bid protests. activities.
be designated.
Subtitle D—Provisions Relating to Major Sec. 916. Definition of enterprise business Subtitle C—Naval Vessels and Shipyards
Defense Acquisition Programs operations for title 10, United Sec. 1021. Modification of authority to pur-
Sec. 861. Implementation of modular open States Code. chase used vessels with funds in
systems architecture require- Sec. 917. Annual report on enterprise busi- the National Defense Sealift
ments. ness operations of the Depart- Fund.
Sec. 862. Sustainment reviews. ment of Defense. Sec. 1022. Waiver during war or threat to na-
Sec. 863. Recommendations for future direct Sec. 918. Conforming amendments. tional security of restrictions
selections. Subtitle C—Space Force Matters on overhaul, repair, or mainte-
Sec. 864. Disclosures for certain shipbuilding nance of vessels in foreign ship-
PART I—AMENDMENTS TO INTEGRATE THE
major defense acquisition pro- yards.
SPACE FORCE INTO LAW
gram offers.
Sec. 931. Clarification of Space Force and Sec. 1023. Modification of waiver authority
Subtitle E—Small Business Matters on prohibition on use of funds
Chief of Space Operations au-
Sec. 871. Prompt payment of contractors. thorities. for retirement of certain legacy
Sec. 872. Extension of pilot program for Sec. 931A. Office of the Chief of Space Oper- maritime mine countermeasure
SSpencer on DSK126QN23PROD with SENATE
streamlined awards for innova- ations. platforms.
tive technology programs. Sec. 932. Amendments to Department of the Sec. 1024. Extension of authority for reim-
Sec. 873. Reporting requirements. Air Force provisions in title 10, bursement of expenses for cer-
Subtitle F—Provisions Related to Software- United States Code. tain Navy mess operations
Driven Capabilities Sec. 933. Amendments to other provisions of afloat.
Sec. 881. Inclusion of software in govern- title 10, United States Code. Sec. 1025. Sense of Congress on actions nec-
ment performance of acquisi- Sec. 934. Amendments to provisions of law essary to achieve a 355-ship
tion functions. relating to pay and allowances. Navy.
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4981
Subtitle D—Counterterrorism Sec. 1063. Studies on the force structure for Sec. 1103. Extension of enhanced appoint-
Sec. 1031. Extension of prohibition on use of Marine Corps aviation. ment and compensation author-
funds for transfer or release of Sec. 1064. Study on unemployment rate of ity for civilian personnel for
individuals detained at United female veterans who served on care and treatment of wounded
States Naval Station, Guanta- active duty in the Armed and injured members of the
namo Bay, Cuba, to the United Forces after September 11, 2001. Armed Forces.
States. Sec. 1065. Report on Great Lakes and inland Sec. 1104. Extension of overtime rate au-
Sec. 1032. Extension of prohibition on use of waterways seaports. thority for Department of the
funds to close or relinquish con- Sec. 1066. Report on the Chemical and Bio- Navy employees performing
trol of United States Naval Sta- logical Defense Program of the work aboard or dockside in sup-
tion, Guantanamo Bay, Cuba. Department of Defense. port of the nuclear-powered air-
Sec. 1067. Report on round-the-clock avail- craft carrier forward deployed
Sec. 1033. Extension of prohibition on use of
ability of childcare for mem- in Japan.
funds for transfer or release of
bers of the Armed Forces and Sec. 1105. Expansion of direct hire authority
individuals detained at United
civilian employees of the De- for certain Department of De-
States Naval Station, Guanta-
partment of Defense who work fense personnel to include in-
namo Bay, Cuba, to certain
rotating shifts. stallation military housing of-
countries.
Sec. 1034. Extension of prohibition on use of Subtitle G—Other Matters fice positions supervising
funds to construct or modify fa- Sec. 1081. Department of Defense strategic privatized military housing.
cilities in the United States to Arctic ports. Sec. 1106. Extension of sunset of inapplica-
house detainees transferred Sec. 1082. Personal protective equipment bility of certification of execu-
from United States Naval Sta- matters. tive qualifications by qualifica-
tion, Guantanamo Bay, Cuba. Sec. 1083. Estimate of damages from Federal tion certification review board
Communications Commission of Office of Personnel Manage-
Subtitle E—Miscellaneous Authorities and ment for initial appointments
Order 20–48.
Limitations to Senior Executive Service po-
Sec. 1084. Modernization effort.
Sec. 1041. Inclusion of disaster-related emer- Sec. 1085. Sense of Senate on Gold Star sitions in Department of De-
gency preparedness activities Families Remembrance Week. fense.
among law enforcement activi- Sec. 1086. Continuity of the Economy Plan. Sec. 1107. Pilot program on enhanced pay
ties authorities for sale or do- Sec. 1087. Improving the authority for oper- authority for certain high-level
nation of excess personal prop- ations of unmanned aircraft for management positions in the
erty of the Department of De- educational purposes. Department of Defense.
fense. Sec. 1088. Requirement to post a 100 word Sec. 1108. Pilot program on expanded au-
Sec. 1042. Expenditure of funds for Depart- summary to regulations.gov. thority for appointment of re-
ment of Defense clandestine ac- Sec. 1089. Modification of licensure require- cently retired members of the
tivities that support oper- ments for health care profes- Armed Forces to positions in
ational preparation of the envi- sionals providing treatment via the Department of Defense.
ronment. telemedicine. Sec. 1109. Direct hire authority and reloca-
Sec. 1043. Clarification of authority of mili- Sec. 1090. Restrictions on Confucius Insti- tion incentives for positions at
tary commissions under chap- tutes. remote locations.
ter 47A of title 10, United Sec. 1090A. Additional care for newborn chil- Sec. 1110. Modification of direct hire author-
States Code, to punish con- dren of veterans. ity for certain personnel in-
tempt. Sec. 1090B. Additional diseases associated volved with Department of De-
Sec. 1044. Prohibition on actions to infringe with exposure to certain herbi- fense maintenance activities.
upon First Amendment rights cide agents for which there is a Sec. 1110A. Fire Fighters Alternative Work
of peaceable assembly and peti- presumption of service connec- Schedule demonstration project
tion for redress of grievances. tion for veterans who served in for the Navy Region Mid-Atlan-
Sec. 1045. Arctic planning, research, and de- the Republic of Vietnam. tic Fire and Emergency Serv-
velopment. Subtitle H—Wireless Supply Chain ices.
Sec. 1046. Consideration of security risks in Innovation and Multilateral Security Sec. 1110B. Report by Comptroller General
certain telecommunications ar- Sec. 1091. Definitions. of the United States on diver-
chitecture for future overseas Sec. 1092. Communications technology secu- sity and inclusion within the
basing decisions of the Depart- rity funds. civilian workforce of the De-
ment of Defense. Sec. 1093. Promoting United States leader- partment of Defense.
Sec. 1047. Foreign military training pro- ship in international organiza- Subtitle B—Government-Wide Matters
grams. tions and communications Sec. 1111. One-year extension of temporary
Sec. 1048. Reporting of adverse events relat- standards-setting bodies. authority to grant allowances,
ing to consumer products on Subtitle I—Semiconductor Manufacturing benefits, and gratuities to civil-
military installations. Incentives ian personnel on official duty in
Sec. 1049. Inclusion of United States Naval Sec. 1094. Semiconductor incentive grants. a combat zone.
Sea Cadet Corps among youth Sec. 1095. Department of Defense. Sec. 1112. One-year extension of authority to
and charitable organizations Sec. 1096. Department of Commerce study on waive annual limitation on pre-
authorized to receive assistance status of microelectronics tech- mium pay and aggregate limi-
from the National Guard. nologies in the United States tation on pay for Federal civil-
Sec. 1050. Department of Defense policy for industrial base. ian employees working over-
the regulation of dangerous Sec. 1097. Funding for development and seas.
dogs. adoption of measurably secure Sec. 1113. Technical amendments to author-
Sec. 1051. Sense of Congress on the basing of microelectronics and measur- ity for reimbursement of Fed-
KC–46A aircraft outside the ably secure microelectronics eral, State, and local income
contiguous United States. supply chains. taxes incurred during travel,
Sec. 1052. Efficient use of sensitive compart- Sec. 1098. Advanced semiconductor research transportation, and relocation.
mented information facilities. and design. TITLE XII—MATTERS RELATING TO
Sec. 1053. Assistance for farmer and rancher Sec. 1099. Prohibition relating to foreign ad- FOREIGN NATIONS
stress and mental health of in- versaries.
Subtitle A—Assistance and Training
dividuals in rural areas. TITLE XI—CIVILIAN PERSONNEL
Sec. 1054. Additional conditions and limita- Sec. 1201. Authority to build capacity for ad-
MATTERS
tions on the transfer of Depart- ditional operations.
Subtitle A—Department of Defense Matters Sec. 1202. Authority to build capacity for air
ment of Defense property for
law enforcement activities. Sec. 1101. Enhanced pay authority for cer- sovereignty operations.
tain acquisition and technology Sec. 1203. Modification to the Inter-Euro-
SSpencer on DSK126QN23PROD with SENATE
Subtitle F—Studies and Reports positions in the Department of pean Air Forces Academy.
Sec. 1061. Report on potential improvements Defense. Sec. 1204. Modification to support of special
to certain military educational Sec. 1102. Enhanced pay authority for cer- operations for irregular war-
institutions of the Department tain research and technology fare.
of Defense. positions in the science and Sec. 1205. Extension and modification of au-
Sec. 1062. Reports on status and moderniza- technology reinvention labora- thority to support border secu-
tion of the North Warning Sys- tories of the Department of De- rity operations of certain for-
tem. fense. eign countries.
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S4982 CONGRESSIONAL RECORD — SENATE August 5, 2020
Sec. 1206. Modification of authority for par- Sec. 1241. Participation in programs relating Sec. 1286. Establishment of United States-
ticipation in multinational cen- to coordination or exchange of Israel Operations-Technology
ters of excellence. air refueling and air transpor- Working Group.
Sec. 1207. Implementation of the Women, tation services. Sec. 1287. Improved coordination of United
Peace, and Security Act of 2017. Sec. 1242. Sense of Congress on support for States sanctions policy.
Sec. 1208. Ted Stevens Center for Arctic Se- coordinated action to ensure Subtitle H—Robert Levinson Hostage Recov-
curity Studies. the security of Baltic allies. ery and Hostage-Taking Accountability
Sec. 1209. Functional Center for Security Subtitle E—Matters Relating to the Indo- Act
Studies in Irregular Warfare. Pacific Region Sec. 1291. Short title.
Sec. 1210. Open Technology Fund. Sec. 1251. Pacific Deterrence Initiative. Sec. 1292. Assistance for United States na-
Subtitle B—Matters Relating to Afghanistan Sec. 1252. Sense of Senate on the United tionals unlawfully or wrong-
and Pakistan States-Vietnam defense rela- fully detained abroad.
tionship. Sec. 1293. Special Envoy for Hostage Affairs.
Sec. 1211. Extension and modification of au-
Sec. 1253. Authority to transfer funds for Sec. 1294. Hostage Recovery Fusion Cell.
thority for reimbursement of Sec. 1295. Hostage Response Group.
certain coalition nations for Bien Hoa dioxin cleanup.
Sec. 1254. Cooperative program with Viet- Sec. 1296. Authorization of imposition of
support provided to United sanctions.
States military operations. nam to account for Vietnamese
personnel missing in action. Sec. 1297. Definitions.
Sec. 1212. Extension and modification of Sec. 1298. Rule of construction.
Commanders’ Emergency Re- Sec. 1255. Provision of goods and services at
Kwajalein Atoll, Republic of TITLE XIII—COOPERATIVE THREAT
sponse Program. REDUCTION
Sec. 1213. Extension and modification of sup- the Marshall Islands.
port for reconciliation activi- Sec. 1256. Authority to establish a Move- Sec. 1301. Funding allocations for Depart-
ties led by the Government of ment Coordination Center Pa- ment of Defense Cooperative
Afghanistan. cific in the Indo-Pacific region Threat Reduction Program.
Sec. 1214. Sense of Senate on special immi- and participate in an Air Trans- TITLE XIV—OTHER AUTHORIZATIONS
grant visa program for Afghan port and Air-to-Air Refueling Subtitle A—Military Programs
allies. and other Exchanges of Serv-
ices program. Sec. 1401. Working capital funds.
Sec. 1215. Sense of Senate and report on Sec. 1402. Chemical Agents and Munitions
Sec. 1257. Training of ally and partner air
United States presence in Af- Destruction, Defense.
forces in Guam.
ghanistan. Sec. 1403. Drug Interdiction and Counter-
Sec. 1258. Statement of policy and sense of
Subtitle C—Matters Relating to Syria, Iraq, Drug Activities, Defense-wide.
Senate on the Taiwan Relations
and Iran Sec. 1404. Defense Inspector General.
Act. Sec. 1405. Defense Health Program.
Sec. 1221. Extension of authority and limita- Sec. 1259. Sense of Congress on port calls in
tion on use of funds to provide Taiwan with the USNS Comfort Subtitle B—Armed Forces Retirement Home
assistance to counter the Is- and the USNS Mercy . Sec. 1411. Authorization of appropriations
lamic State of Iraq and Syria. Sec. 1260. Limitation on use of funds to re- for Armed Forces Retirement
Sec. 1222. Extension and modification of au- duce total number of members Home.
thority to provide assistance to of the Armed Forces serving on Sec. 1412. Periodic inspections of Armed
vetted Syrian groups and indi- active duty who are deployed to Forces Retirement Home facili-
viduals. the Republic of Korea. ties by nationally recognized
Sec. 1223. Extension and modification of au- Sec. 1261. Sense of Congress on co-develop- accrediting organization.
thority to support operations ment with Japan of a long- Sec. 1413. Expansion of eligibility for resi-
and activities of the Office of range ground-based anti-ship dence at the Armed Forces Re-
Security Cooperation in Iraq. cruise missile system. tirement Home.
Subtitle D—Matters Relating to Europe and Sec. 1262. Statement of policy on coopera- Subtitle C—Other Matters
the Russian Federation tion in the Indo-Pacific region. Sec. 1421. Authority for transfer of funds to
Sec. 1263. Extension of prohibition on com- joint Department of Defense-
Sec. 1231. Extension of limitation on mili- mercial export of certain muni- Department of Veterans Affairs
tary cooperation between the tions to the Hong Kong Police Medical Facility Demonstra-
United States and the Russian Force. tion Fund for Captain James A.
Federation. Sec. 1264. Implementation of the Asia Reas- Lovell Health Care Center, Illi-
Sec. 1232. Prohibition on availability of surance Initiative Act with re- nois.
funds relating to sovereignty of gard to Taiwan arms sales.
the Russian Federation over TITLE XV—AUTHORIZATION OF ADDI-
Subtitle F—Reports TIONAL APPROPRIATIONS FOR OVER-
Crimea.
Sec. 1233. Modification and extension of Sec. 1271. Review of and report on overdue SEAS CONTINGENCY OPERATIONS
Ukraine Security Assistance acquisition and cross-servicing Subtitle A—Authorization of Appropriations
Initiative. agreement transactions. Sec. 1501. Purpose.
Sec. 1234. Report on capability and capacity Sec. 1272. Report on burden sharing con- Sec. 1502. Overseas contingency operations.
requirements of military forces tributions by designated coun- Sec. 1503. Procurement.
of Ukraine and resource plan tries. Sec. 1504. Research, development, test, and
for security assistance. Sec. 1273. Report on risk to personnel, equip- evaluation.
Sec. 1235. Sense of Senate on North Atlantic ment, and operations due to Sec. 1505. Operation and maintenance.
Treaty Organization enhanced Huawei 5G architecture in host Sec. 1506. Military personnel.
opportunities partner status for countries. Sec. 1507. Working capital funds.
Ukraine. Sec. 1274. Allied burden sharing report. Sec. 1508. Drug Interdiction and Counter-
Sec. 1236. Extension of authority for train- Subtitle G—Other Matters Drug Activities, Defense-wide.
ing for Eastern European na- Sec. 1281. Reciprocal patient movement Sec. 1509. Defense Inspector General.
tional security forces in the agreements. Sec. 1510. Defense Health Program.
course of multilateral exer- Sec. 1282. Extension of authorization of non- Subtitle B—Financial Matters
cises. conventional assisted recovery Sec. 1521. Treatment as additional author-
Sec. 1237. Sense of Senate on Kosovo and the capabilities. izations.
role of the Kosovo Force of the Sec. 1283. Extension of Department of De- Sec. 1522. Special transfer authority.
North Atlantic Treaty Organi- fense support for stabilization Subtitle C—Other Matters
zation. activities in national security Sec. 1531. Afghanistan Security Forces
Sec. 1238. Sense of Senate on strategic com- interest of the United States. Fund.
petition with the Russian Fed- Sec. 1284. Notification with respect to with- Sec. 1532. Transition and enhancement of in-
eration and related activities of drawal of members of the
SSpencer on DSK126QN23PROD with SENATE
spector general authorities for
the Department of Defense. Armed Forces participating in Afghanistan reconstruction.
Sec. 1239. Report on Russian Federation sup- the Multinational Force and
port of racially and ethnically Observers in Egypt. TITLE XVI—STRATEGIC PROGRAMS,
motivated violent extremists. Sec. 1285. Modification to initiative to sup- CYBER, AND INTELLIGENCE MATTERS
Sec. 1240. Participation in European pro- port protection of national se- Subtitle A—Space Activities
gram on multilateral exchange curity academic researchers Sec. 1601. Resilient and survivable posi-
of surface transportation serv- from undue influence and other tioning, navigation, and timing
ices. security threats. capabilities.
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4983
Sec. 1602. Development efforts for National Sec. 1632. Assessment on defense industrial Sec. 1702. Definitions.
Security Space Launch pro- base cybersecurity threat hunt- Sec. 1703. Findings.
viders. ing. Sec. 1704. Sense of Congress regarding Hong
Sec. 1603. Timeline for nonrecurring design Sec. 1633. Assessing risk to national security Kong.
validation for responsive space of quantum computing. Sec. 1705. Identification of foreign persons
launch. Sec. 1634. Applicability of reorientation of involved in the erosion of the
Sec. 1604. Tactically responsive space launch Big Data Platform program to obligations of China under the
operations. Department of Navy. Joint Declaration or the Basic
Sec. 1605. Conforming amendments relating Sec. 1635. Expansion of authority for access Law and foreign financial insti-
to reestablishment of Space and information relating to tutions that conduct signifi-
Command. cyber attacks on operationally cant transactions with those
Sec. 1606. Space Development Agency devel- critical contractors of the persons.
opment requirements and Armed Forces. Sec. 1706. Sanctions with respect to foreign
transfer to Space Force. Sec. 1636. Requirements for review of and persons that contravene the ob-
Sec. 1607. Space launch rate assessment. limitations on the Joint Re- ligations of China under the
Sec. 1608. Report on impact of acquisition gional Security Stacks activ- Joint Declaration or the Basic
strategy for the National Secu- ity. Law.
rity Space Launch Program on Sec. 1637. Independent assessment of estab- Sec. 1707. Sanctions with respect to foreign
emerging foreign space launch lishment of a National Cyber financial institutions that con-
providers. Director. duct significant transactions
Sec. 1609. Leveraging commercial satellite Sec. 1638. Modification of authority to use with foreign persons that con-
remote sensing. operation and maintenance travene the obligations of
Subtitle B—Cyberspace-Related Matters funds for cyber operations-pe- China under the Joint Declara-
Sec. 1611. Modification of position of Prin- culiar capability development tion or the Basic Law.
cipal Cyber Advisor. projects. Sec. 1708. Waiver, termination, exceptions,
Sec. 1612. Framework for cyber hunt forward Sec. 1639. Personnel management authority and congressional review proc-
operations. for Commander of United ess.
Sec. 1613. Modification of scope of notifica- States Cyber Command and de- Sec. 1709. Implementation; penalties.
tion requirements for sensitive velopment program for offen- Sec. 1710. Rule of construction.
military cyber operations. sive cyber operations. Sec. 1711. Exception relating to importation
Sec. 1614. Modification of requirements for Sec. 1640. Implementation of information of goods.
quarterly Department of De- operations matters. DIVISION B—MILITARY CONSTRUCTION
fense cyber operations briefings Sec. 1641. Report on Cyber Institutes Pro- AUTHORIZATIONS
for Congress. gram. Sec. 2001. Short title.
Sec. 1615. Rationalization and integration of Sec. 1642. Assistance for small manufactur- Sec. 2002. Expiration of authorizations and
parallel cybersecurity architec- ers in the defense industrial amounts required to be speci-
tures and operations. supply chain on matters relat- fied by law.
Sec. 1616. Modification of acquisition au- ing to cybersecurity. Sec. 2003. Effective date.
thority of Commander of Sec. 1643. Study on cyberexploitation of TITLE XXI—ARMY MILITARY
United States Cyber Command. members of the Armed Forces CONSTRUCTION
Sec. 1617. Assessment of cyber operational and their families.
planning and deconfliction poli- Sec. 2101. Authorized Army construction
Subtitle C—Nuclear Forces and land acquisition projects.
cies and processes.
Sec. 1618. Pilot program on cybersecurity Sec. 1651. Modification to responsibilities of Sec. 2102. Family housing.
capability metrics. Nuclear Weapons Council. Sec. 2103. Authorization of appropriations,
Sec. 1619. Assessment of effect of incon- Sec. 1652. Responsibility of Nuclear Weapons Army.
sistent timing and use of Net- Council in preparation of Na- Sec. 2104. Modification of authority to carry
work Address Translation in tional Nuclear Security Admin- out fiscal year 2017 project at
Department of Defense net- istration budget. Camp Walker, Korea.
works. Sec. 1653. Modification of Government Ac- TITLE XXII—NAVY MILITARY
Sec. 1620. Matters concerning the College of countability Office review of CONSTRUCTION
Information and Cyberspace at annual reports on nuclear weap- Sec. 2201. Authorized Navy construction and
National Defense University. ons enterprise. land acquisition projects.
Sec. 1621. Modification of mission of cyber Sec. 1654. Prohibition on reduction of the Sec. 2202. Family housing.
command and assignment of intercontinental ballistic mis- Sec. 2203. Improvements to military family
cyber operations forces. siles of the United States. housing units.
Sec. 1622. Integration of Department of De- Sec. 1655. Sense of the Senate on nuclear co- Sec. 2204. Authorization of appropriations,
fense user activity monitoring operation between the United Navy.
and cybersecurity. States and the United Kingdom.
TITLE XXIII—AIR FORCE MILITARY
Sec. 1623. Defense industrial base cybersecu- Subtitle D—Missile Defense Programs CONSTRUCTION
rity sensor architecture plan. Sec. 1661. Iron Dome short-range rocket de- Sec. 2301. Authorized Air Force construction
Sec. 1624. Extension of Cyberspace Solarium fense system and Israeli cooper- and land acquisition projects.
Commission to track and assess ative missile defense program Sec. 2302. Family housing.
implementation. co-development and co-produc- Sec. 2303. Improvements to military family
Sec. 1625. Review of regulations and promul- tion. housing units.
gation of guidance relating to Sec. 1662. Acceleration of the deployment of Sec. 2304. Authorization of appropriations,
National Guard responses to hypersonic and ballistic track- Air Force.
cyber attacks. ing space sensor payload. Sec. 2305. Modification of authority to carry
Sec. 1626. Improvements relating to the Sec. 1663. Extension of prohibition relating out fiscal year 2018 project at
quadrennial cyber posture re- to missile defense information Royal Air Force Lakenheath.
view. and systems. Sec. 2306. Modification of authority to carry
Sec. 1627. Report on enabling United States Sec. 1664. Report on and limitation on ex- out certain fiscal year 2019
Cyber Command resource allo- penditure of funds for layered projects.
cation. homeland missile defense sys- Sec. 2307. Modification of authority to carry
Sec. 1628. Evaluation of options for estab- tem. out certain fiscal year 2020 fam-
lishing a cyber reserve force. Sec. 1665. Extension of requirement for ily housing projects.
Sec. 1629. Ensuring cyber resiliency of nu- Comptroller General review and Sec. 2308. Modification of authority to carry
clear command and control sys- assessment of missile defense out certain fiscal year 2020
tem. acquisition programs. projects.
Sec. 1630. Modification of requirements re-
SSpencer on DSK126QN23PROD with SENATE
Sec. 1666. Repeal of requirement for report- TITLE XXIV—DEFENSE AGENCIES
lating to the Strategic Cyberse-
ing structure of Missile Defense MILITARY CONSTRUCTION
curity Program and the evalua-
Agency.
tion of cyber vulnerabilities of Sec. 2401. Authorized Defense Agencies con-
Sec. 1667. Ground-based midcourse defense
major weapon systems of the struction and land acquisition
interim capability.
Department of Defense. projects.
Sec. 1631. Defense industrial base participa- TITLE XVII—HONG KONG AUTONOMY Sec. 2402. Authorized Energy Resilience and
tion in a cybersecurity threat ACT Conservation Investment Pro-
intelligence sharing program. Sec. 1701. Short title. gram projects.
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S4984 CONGRESSIONAL RECORD — SENATE August 5, 2020
Sec. 2403. Authorization of appropriations, Sec. 2842. Consideration of energy security Sec. 3125. Extension of authority for ap-
Defense Agencies. and energy resilience in life- pointment of certain scientific,
TITLE XXV—INTERNATIONAL cycle cost for military con- engineering, and technical per-
PROGRAMS struction. sonnel.
Subtitle A—North Atlantic Treaty Subtitle D—Land Conveyances Subtitle D—Cybersecurity
Organization Security Investment Program Sec. 2861. Renewal of Fallon Range Training Sec. 3131. Reporting on penetrations of net-
Sec. 2501. Authorized NATO construction Complex land withdrawal and works of contractors and sub-
and land acquisition projects. reservation. contractors.
Sec. 2502. Authorization of appropriations, Sec. 2862. Renewal of Nevada Test and Sec. 3132. Clarification of responsibility for
NATO. Training Range land with- cybersecurity of National Nu-
Sec. 2503. Execution of projects under the drawal and reservation. clear Security Administration
North Atlantic Treaty Organi- Sec. 2863. Transfer of land under the admin- facilities.
zation Security Investment istrative jurisdiction of the De- Subtitle E—Defense Environmental Cleanup
Program. partment of the Interior within
Naval Support Activity Pan- Sec. 3141. Public statement of environ-
Subtitle B—Host Country In-Kind ama City, Florida. mental liabilities for facilities
Contributions Sec. 2864. Land conveyance, Camp Navajo, undergoing defense environ-
Sec. 2511. Republic of Korea funded con- Arizona. mental cleanup.
struction projects. Sec. 3142. Inclusion of missed milestones in
Subtitle E—Other Matters
Sec. 2512. Qatar funded construction future-years defense environ-
Sec. 2881. Military family readiness consid- mental cleanup plan.
projects. erations in basing decisions. Sec. 3143. Classification of defense environ-
TITLE XXVI—GUARD AND RESERVE Sec. 2882. Prohibition on use of funds to re- mental cleanup as capital asset
FORCES FACILITIES duce air base resiliency or de- projects or operations activi-
Sec. 2601. Authorized Army National Guard molish protected aircraft shel- ties.
construction and land acquisi- ters in the European theater Sec. 3144. Continued analysis of approaches
tion projects. without creating a similar pro- for supplemental treatment of
Sec. 2602. Authorized Army Reserve con- tection from attack. low-activity waste at Hanford
struction and land acquisition Sec. 2883. Prohibitions relating to closure or Nuclear Reservation.
projects. returning to host nation of ex-
isting bases under the European Subtitle F—Other Matters
Sec. 2603. Authorized Navy Reserve and Ma-
rine Corps Reserve construction Consolidation Initiative. Sec. 3151. Modifications to enhanced pro-
and land acquisition projects. Sec. 2884. Enhancement of authority to ac- curement authority to manage
Sec. 2604. Authorized Air National Guard cept conditional gifts of real supply chain risk.
construction and land acquisi- property on behalf of military Sec. 3152. Prohibition on use of laboratory-
tion projects. museums. or production facility-directed
Sec. 2605. Authorized Air Force Reserve con- Sec. 2885. Equal treatment of insured deposi- research and development funds
struction and land acquisition tory institutions and credit for general and administrative
projects. unions operating on military overhead costs.
Sec. 2606. Authorization of appropriations, installations. Sec. 3153. Monitoring of industrial base for
National Guard and Reserve. Sec. 2886. Report on operational aviation nuclear weapons components,
Sec. 2607. Modification of authority to carry units impacted by noise restric- subsystems, and materials.
out fiscal year 2020 project in tions or noise mitigation meas- Sec. 3154. Prohibition on use of funds for ad-
Alabama. ures. vanced naval nuclear fuel sys-
Sec. 2887. Transfer of funds for Oklahoma tem based on low-enriched ura-
TITLE XXVII—BASE REALIGNMENT AND
City national memorial endow- nium.
CLOSURE ACTIVITIES
ment fund. Sec. 3155. Authorization of appropriations
Sec. 2701. Authorization of appropriations TITLE XXIX—OVERSEAS CONTINGENCY for W93 nuclear warhead pro-
for base realignment and clo- OPERATIONS MILITARY CONSTRUCTION gram.
sure activities funded through Sec. 3156. Review of future of computing be-
Department of Defense Base Sec. 2901. Authorized Navy construction and
land acquisition projects. yond exascale at the National
Closure Account. Nuclear Security Administra-
Sec. 2902. Authorized Air Force construction
Sec. 2702. Prohibition on conducting addi- tion.
and land acquisition projects.
tional base realignment and Sec. 3157. Application of requirement for
Sec. 2903. Authorization of appropriations.
closure (BRAC) round. Sec. 2904. Replenishment of certain military independent cost estimates and
Sec. 2703. Plan to finish remediation activi- constructions funds. reviews to new nuclear weapon
ties conducted by the Secretary systems.
of the Army in Umatilla, Or- DIVISION C—DEPARTMENT OF ENERGY
NATIONAL SECURITY AUTHORIZA- Sec. 3158. Extension and expansion of limita-
egon. tions on importation of ura-
TIONS AND OTHER AUTHORIZATIONS
TITLE XXVIII—MILITARY CONSTRUC- nium from Russian Federation.
TITLE XXXI—DEPARTMENT OF ENERGY
TION AND GENERAL PROVISIONS Sec. 3159. Integration of stockpile steward-
NATIONAL SECURITY PROGRAMS
Subtitle A—Military Construction Program ship and nonproliferation mis-
Subtitle A—National Security Programs and sions.
Sec. 2801. Responsibility of Navy for mili- Authorizations Sec. 3160. Technology development and inte-
tary construction requirements
Sec. 3101. National Nuclear Security Admin- gration program.
for certain Fleet Readiness
istration. Sec. 3161. Advanced manufacturing develop-
Centers. Sec. 3102. Defense environmental cleanup. ment program.
Sec. 2802. Construction of ground-based stra- Sec. 3103. Other defense activities. Sec. 3162. Materials science program.
tegic deterrent launch facilities Sec. 3104. Nuclear energy. Sec. 3163. Modifications to Inertial Confine-
and launch centers for Air
Subtitle B—Budget of the National Nuclear ment Fusion Ignition and High
Force.
Security Administration Yield Program.
Subtitle B—Military Family Housing Sec. 3111. Review of adequacy of nuclear Sec. 3164. Earned value management pro-
Sec. 2821. Prohibition on substandard family weapons budget. gram for life extension pro-
housing units. Subtitle C—Personnel Matters grams.
Sec. 2822. Technical corrections to Sec. 3165. Use of high performance com-
privatized military housing Sec. 3121. National Nuclear Security Admin- puting capabilities for COVID–
program. istration Personnel System. 19 research.
Sec. 2823. Requirement that Secretary of De- Sec. 3122. Inclusion of certain employees and
Sec. 3166. Availability of stockpile respon-
fense implement recommenda- contractors of Department of
siveness funds for projects to
tions relating to military fam- Energy in definition of public
reduce time necessary to exe-
SSpencer on DSK126QN23PROD with SENATE
ily housing contained in report safety officer for purposes of
cute a nuclear test.
by Inspector General of Depart- certain death benefits. Sec. 3167. Sense of the Senate on extension
Sec. 3123. Reimbursement for liability insur-
ment of Defense. of limitations on importation
ance for nuclear materials
Subtitle C—Project Management and of uranium from Russian Fed-
couriers.
Oversight Reforms eration.
Sec. 3124. Transportation and moving ex-
Sec. 2841. Promotion of energy resilience penses for immediate family of TITLE XXXII—DEFENSE NUCLEAR
and energy security in deceased nuclear materials FACILITIES SAFETY BOARD
privatized utility systems. couriers. Sec. 3201. Authorization.
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4985
Sec. 3202. Nonpublic collaborative discus- Sec. 5233. Modifications to Federal cyber Sec. 5590. Pilot programs on remote provi-
sions by Defense Nuclear Fa- scholarship-for-service pro- sion by National Guard to State
cilities Safety Board. gram. governments and National
Sec. 3203. Improvements to operations of De- Sec. 5234. Modifications to Federal cyber Guards of other States of cyber-
fense Nuclear Facilities Safety scholarship-for-service pro- security technical assistance in
Board. gram. training, preparation, and re-
TITLE XXXV—MARITIME Sec. 5235. Cybersecurity in programs of the sponse to cyber incidents.
ADMINISTRATION National Science Foundation. TITLE LVII—HEALTH CARE PROVISIONS
Sec. 3501. Maritime Administration. Sec. 5236. Cybersecurity in STEM programs Subtitle A—TRICARE and Other Health Care
DIVISION D—FUNDING TABLES of the National Aeronautics and Provisions
Space Administration. Sec. 5707. Pilot program on receipt of non-
Sec. 4001. Authorization of amounts in fund-
Sec. 5237. Cybersecurity in Department of generic prescription mainte-
ing tables.
Transportation programs. nance medications under
TITLE XLI—PROCUREMENT Sec. 5238. National Cybersecurity Chal- TRICARE pharmacy benefits
Sec. 4101. PROCUREMENT. lenges. program.
Sec. 4102. Procurement for overseas contin- Sec. 5239. Internet of Things. Subtitle B—Health Care Administration
gency operations.
Subtitle E—Plans, Reports, and Other Sec. 5723. Authority of Secretary of Defense
TITLE XLII—RESEARCH, DEVELOPMENT, Matters to waive requirements during
TEST, AND EVALUATION
Sec. 5241. Report on Department of Defense national emergencies for pur-
Sec. 4201. Research, development, test, and poses of provision of health
strategy on artificial intel-
evaluation. care.
ligence standards.
Sec. 4202. Research, development, test, and
Sec. 5242. Study on establishment of Subtitle C—Reports and Other Matters
evaluation for overseas contin-
gency operations. energetics program office. Sec. 5741. Study and report on surge capac-
Sec. 5243. Deepfake report. ity of Department of Defense to
TITLE XLIII—OPERATION AND establish negative air room
MAINTENANCE Sec. 5244. CISA Director.
Sec. 5245. Agency review. containment systems in mili-
Sec. 4301. Operation and maintenance. tary medical treatment facili-
Sec. 4302. Operation and maintenance for Sec. 5246. General Services Administration
ties.
overseas contingency oper- review.
TITLE LVIII—ACQUISITION POLICY, AC-
ations. TITLE LIII—OPERATION AND QUISITION MANAGEMENT, AND RE-
TITLE XLIV—MILITARY PERSONNEL MAINTENANCE LATED MATTERS
Sec. 4401. Military personnel. Subtitle C—Logistics and Sustainment Subtitle A—Industrial Base Matters
Sec. 4402. Military personnel for overseas Sec. 5331. Use of cost savings realized from Sec. 5801. Report on use of domestic non-
contingency operations. intergovernmental services availability determinations.
TITLE XLV—OTHER AUTHORIZATIONS agreements for installation- Sec. 5802. Report on the effect of the Defense
Sec. 4501. Other authorizations. support services. Manufacturing Communities
Sec. 4502. Other authorizations for overseas Subtitle D—Reports Support Program on the de-
contingency operations. fense supply chain.
Sec. 5351. Report on non-permissive, global Sec. 5803. Improving implementation of pol-
TITLE XLVI—MILITARY CONSTRUCTION positioning system denied air- icy pertaining to the national
Sec. 4601. Military construction. field capabilities. technology and industrial base.
Sec. 4602. Military construction for overseas Subtitle E—Other Matters Sec. 5808. Additional requirements per-
contingency operations. taining to printed circuit
Sec. 5371. Increase of amounts available to
TITLE XLVII—DEPARTMENT OF ENERGY boards.
Marine Corps for base oper-
NATIONAL SECURITY PROGRAMS Sec. 5812. Miscellaneous limitations on the
ations and support.
Sec. 4701. Department of Energy national se- procurement of goods other
Sec. 5372. Modernization of congressional re-
curity programs. than United States goods.
ports process.
DIVISION E—ADDITIONAL PROVISIONS Subtitle C—Amendments to General Con-
TITLE LV—MILITARY PERSONNEL tracting Authorities, Procedures, and Lim-
TITLE LI—PROCUREMENT POLICY itations
Subtitle B—Army Programs Subtitle C—General Service Authorities Sec. 5841. Waivers of certain conditions for
Sec. 5111. Report on CH–47F Chinook Block– progress payments under cer-
Sec. 5516. Report on implementation of rec-
II upgrade. tain contracts during the
ommendations of the Comp-
Subtitle C—Navy Programs troller General of the United COVID–19 national emergency.
Sec. 5121. Limitation on alteration of Navy States on recruitment and re- Subtitle E—Small Business Matters
fleet mix. tention of female members of Sec. 5871. Office of Small Business and Dis-
TITLE LII—RESEARCH, DEVELOPMENT, the Armed Forces. advantaged Business Utiliza-
TEST, AND EVALUATION Subtitle F—Decorations and Awards tion.
Subtitle B—Program Requirements, Sec. 5551. Report on regulations and proce- Sec. 5872. Eligibility of the Commonwealth
Restrictions, and Limitations dures to implement programs of the Northern Mariana Is-
Sec. 5211. Importance of historically Black on award of medals or com- lands for certain Small Busi-
colleges and universities and mendations to handlers of mili- ness Administration programs.
minority-serving institutions. Sec. 5873. Disaster declaration in rural
tary working dogs.
areas.
Subtitle C—Sustainable Chemistry Subtitle G—Defense Dependents’ Education Sec. 5874. Temporary extension for 8(a) par-
Sec. 5221. National coordinating entity for and Military Family Readiness Matters ticipants.
sustainable chemistry. PART II—MILITARY FAMILY READINESS Sec. 5875. Maximum award price for sole
Sec. 5222. Strategic plan for sustainable MATTERS source manufacturing con-
chemistry. tracts.
Sec. 5223. Agency activities in support of Sec. 5571. Independent study and report on Sec. 5876. Annual reports regarding the
sustainable chemistry. military spouse underemploy- SBIR program of the Depart-
Sec. 5224. Partnerships in sustainable chem- ment. ment of Defense.
istry. Subtitle H—Other Matters Sec. 5877. Small business loans for nonprofit
Sec. 5225. Prioritization. Sec. 5586. Questions regarding racism, anti- child care providers.
Sec. 5226. Rule of construction. Semitism, and supremacism in Subtitle G—Other Matters
Sec. 5227. Major multi-user research facility workplace surveys adminis- Sec. 5891. Listing of other transaction au-
SSpencer on DSK126QN23PROD with SENATE
project. tered by the Secretary of De- thority consortia.
Subtitle D—Cyber Workforce Matters fense. Sec. 5892. Report recommending disposition
Sec. 5231. Improving National Initiative for Sec. 5587. Briefing on the implementation of of notes to certain sections of
Cybersecurity Education. requirements on connections of title 10, United States Code.
Sec. 5232. Development of standards and retiring and separating mem- Sec. 5893. Applicability of reporting require-
guidelines for improving cyber- bers of the Armed Forces with ment related to notional mile-
security workforce of Federal community-based organizations stones and standard timelines
agencies. and related entities. for foreign military sales.
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S4986 CONGRESSIONAL RECORD — SENATE August 5, 2020
Sec. 5894. Additional requirements related Sec. 6096A. Definitions. CHAPTER 2—ENHANCED UNITED STATES-
to mitigating risks related to Sec. 6096B. Wireless Emergency Alerts Sys- ISRAEL COOPERATION
foreign ownership, control, or tem offerings. Sec. 6299. United States Agency for Inter-
influence of Department of De- Sec. 6096C. State Emergency Alert System national Development memo-
fense contractors and sub- Plans and Emergency Commu- randa of understanding to en-
contractors. nications Committees. hance cooperation with Israel.
TITLE LIX—DEPARTMENT OF DEFENSE Sec. 6096D. Integrated public alert and warn- Sec. 6299A. Cooperative projects among the
ORGANIZATION AND MANAGEMENT ing system guidance. United States, Israel, and de-
Subtitle D—Organization and Management Sec. 6096E. False alert reporting. veloping countries.
of Other Department of Defense Offices and Sec. 6096F. Repeating Emergency Alert Sys- Sec. 6299B. Joint cooperative program re-
Elements tem messages for national secu- lated to innovation and high-
rity. tech for the Middle East region.
Sec. 5951. Comptroller General of the United Sec. 6299C. Sense of Congress on United
States report on vulnerabilities Sec. 6096G. Internet and online streaming
services emergency alert exam- States-Israel economic coopera-
of the Department of Defense tion.
resulting from offshore tech- ination.
Sec. 6299D. Cooperation on directed energy
nical support call centers. TITLE LXII—MATTERS RELATING TO capabilities.
TITLE LX—GENERAL PROVISIONS FOREIGN NATIONS Sec. 6299E. Plans to provide Israel with nec-
Subtitle A—Financial Matters Subtitle B—Matters Relating to Afghanistan essary defense articles and
and Pakistan services in a contingency.
Sec. 6001. Under Secretary of Defense
Sec. 6211. Congressional oversight of United Sec. 6299F. Other matters of cooperation.
(Comptroller) reports on im-
proving the budget justification States talks with Taliban offi- TITLE LXVI—STRATEGIC PROGRAMS,
and related materials of the De- cials and Afghanistan’s com- CYBER, AND INTELLIGENCE MATTERS
partment of Defense. prehensive peace process. Subtitle B—Cyberspace Related Matters
Sec. 6002. Report on fiscal year 2022 budget Subtitle D—Matters Relating to Europe and Sec. 6611. Report on use of encryption by De-
request requirements in con- the Russian Federation partment of Defense national
nection with Air Force oper- Sec. 6231. Clarification and expansion of security systems.
ations in the Arctic. Sec. 6612. Guidance and direction on use of
sanctions relating to construc-
Sec. 6003. Providing information to States direct hiring processes for arti-
tion of Nord Stream 2 or
regarding undelivered savings ficial intelligence professionals
TurkStream pipeline projects.
bonds. and other data science and soft-
Sec. 6235. Sense of Senate on admission of
Subtitle E—Miscellaneous Authorities and ware development personnel.
Ukraine to the North Atlantic
Limitations Sec. 6613. Cybersecurity State Coordinator
Treaty Organization Enhanced
Act.
Sec. 6046. Conditions for permanently basing Opportunities Partnership Pro- Sec. 6614. Cybersecurity Advisory Com-
United States equipment or ad- gram. mittee.
ditional military units in host Subtitle E—Matters Relating to the Indo- Sec. 6615. Cybersecurity Education and
countries with at-risk vendors Pacific Region Training Assistance Program.
in 5G or 6G networks.
Sec. 6251. Pilot program to improve cyber Subtitle C—Nuclear Forces
Sec. 6047. Antidiscrimination.
cooperation with Vietnam, Sec. 6651. Report on electromagnetic pulse
Subtitle F—Studies and Reports
Thailand, and Indonesia. hardening of ground-based stra-
Sec. 6061. Maritime security and domain tegic deterrent weapons sys-
Subtitle F—Reports
awareness. tem.
Sec. 6062. Report on pandemic preparedness Sec. 6273. Report on risk to personnel, equip-
ment, and operations due to TITLE LXVII—NUCLEAR ENERGY
and planning of the Navy.
Sec. 6063. Study and report on the afford- Huawei 5G architecture in host LEADERSHIP
ability of insulin. countries. Sec. 6701. Advanced nuclear reactor research
Subtitle G—Other Matters and development goals.
Subtitle G—Other Matters
Sec. 6702. Nuclear energy strategic plan.
Sec. 6081. Modification to First Division Sec. 6281. Comparative studies on defense Sec. 6703. Versatile, reactor-based fast neu-
monument. budget transparency of the Peo- tron source.
Sec. 6082. Estimate of damages from Federal ple’s Republic of China, the Sec. 6704. Advanced nuclear fuel security
Communications Commission Russian Federation, and the program.
Order 20–48. United States. Sec. 6705. University Nuclear Leadership
Sec. 6083. Diesel emissions reduction. Sec. 6282. Modification to initiative to sup- Program.
Sec. 6084. Utilizing significant emissions port protection of national se- Sec. 6706. Adjusting strategic petroleum re-
with innovative technologies. curity academic researchers serve mandated drawdowns.
Sec. 6085. Legal assistance for veterans and from undue influence and other TITLE LXXVIII—MILITARY CONSTRUC-
surviving spouses and depend- security threats. TION AND GENERAL PROVISIONS
ents. Sec. 6283. Sense of Senate on United States- Subtitle A—Military Construction Program
Sec. 6086. Silver Star Service Banner Day. Israel cooperation on precision-
Sec. 6087. Established Program to Stimulate Sec. 7801. Modification to authority for mili-
guided munitions. tary construction projects for
Competitive Research. Sec. 6284. Blocking deadly fentanyl imports.
Sec. 6088. Subpoena authority. child development centers at
Sec. 6286. Establishment of United States- military installations.
Sec. 6089. Thad Cochran headquarters build-
Israel Operations-Technology Sec. 7802. Modification of construction of
ing.
Working Group. ground-based strategic deter-
Sec. 6090. Comptroller General of the United
States report on handling by Subtitle H—United States-Israel Security rent launch facilities and
Department of Veterans Affairs Assistance launch centers for the Air
of disability-related benefits Sec. 6290. Short title. Force.
claims by veterans with type 1 Sec. 6290A. Definition. Subtitle B—Military Family Housing
diabetes who were exposed to a CHAPTER 1—SECURITY ASSISTANCE FOR ISRAEL Sec. 7821. Inclusion of assessment of per-
herbicide agent. formance metrics in annual
Sec. 6091. Special rules for certain monthly Sec. 6291. Findings.
publication on use of incentive
workers’ compensation pay- Sec. 6292. Statement of policy.
fees for privatized military
ments and other payments for Sec. 6293. Security assistance for Israel.
housing projects.
Federal Government personnel Sec. 6294. Extension of war reserves stock-
pile authority. Subtitle D—Land Conveyances
under chief of mission author-
Sec. 6295. Extension of loan guarantees to Sec. 7861. Establishment of interagency
ity.
Israel. committees on joint use of cer-
Subtitle H—Industries of the Future tain land withdrawn from ap-
Sec. 6296. Transfer of precision guided muni-
SSpencer on DSK126QN23PROD with SENATE
Sec. 6094A. Short title. tions to Israel. propriation under public land
Sec. 6094B. Report on Federal research and Sec. 6297. Sense of Congress on rapid acqui- laws.
development focused on indus- sition and deployment proce- Sec. 7862. Lease extension for Bryan Multi-
tries of the future. dures. Sports Complex, Wayne Coun-
Sec. 6094C. Industries of the Future Coordi- Sec. 6298. Eligibility of Israel for the stra- ty, North Carolina.
nation Council. tegic trade authorization excep- Subtitle E—Other Matters
Subtitle I—READI Act tion to certain export control Sec. 7881. Sense of Congress on relocation of
Sec. 6096. Short title. licensing requirements. Joint Spectrum Center.
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4987
TITLE LXXXI—DEPARTMENT OF ENERGY Sec. 9325. Assessment of intelligence com- for the Army, the Navy and the Marine
NATIONAL SECURITY PROGRAMS munity demand for child care. Corps, the Air Force, and Defense-wide ac-
Subtitle F—Other Matters Sec. 9326. Open source intelligence strate- tivities, as specified in the funding table in
gies and plans for the intel- section 4101.
Sec. 8159. Extension and expansion of limita-
ligence community. Subtitle B—Army Programs
tions on importation of ura-
nium from Russian Federation. TITLE XCIV—SECURITY CLEARANCES SEC. 111. INTEGRATED AIR AND MISSILE DE-
AND TRUSTED WORKFORCE FENSE ASSESSMENT.
DIVISION F—INTELLIGENCE AUTHORIZA-
TION ACT FOR FISCAL YEAR 2021 Sec. 9401. Exclusivity, consistency, and (a) ASSESSMENT BY SECRETARY OF THE
transparency in security clear- ARMY.—
Sec. 9001. Short title. (1) IN GENERAL.—The Secretary of the
Sec. 9002. Definitions. ance procedures, and right to
appeal. Army shall conduct a classified assessment
TITLE XCI—INTELLIGENCE ACTIVITIES Sec. 9402. Establishing process parity for se- of the capability and capacity of current and
Sec. 9101. Authorization of appropriations. curity clearance revocations. planned integrated air and missile defense
Sec. 9102. Classified Schedule of Authoriza- Sec. 9403. Federal policy on sharing of derog- (IAMD) capabilities to meet combatant com-
tions. atory information pertaining to mander requirements for major operations
Sec. 9103. Intelligence Community Manage- contractor employees in the against great-power competitors and other
ment Account. trusted workforce. global operations in support of the National
TITLE XCII—CENTRAL INTELLIGENCE TITLE XCV—REPORTS AND OTHER Defense Strategy.
AGENCY RETIREMENT AND DIS- MATTERS (2) ELEMENTS.—The assessment required by
ABILITY SYSTEM Sec. 9501. Report on attempts by foreign ad- paragraph (1) shall include the following:
Sec. 9201. Authorization of appropriations. versaries to build telecommuni- (A) Analysis and characterization of cur-
TITLE XCIII—INTELLIGENCE cations and cybersecurity rent and emerging threats, including the fol-
equipment and services for, or lowing:
COMMUNITY MATTERS
to provide such equipment and (i) Cruise, hypersonic, and ballistic mis-
Subtitle A—General Intelligence Community siles.
Matters services to, certain allies of the
United States. (ii) Unmanned aerial systems.
Sec. 9301. Restriction on conduct of intel- (iii) Rockets.
Sec. 9502. Report on threats posed by use by
ligence activities. (iv) Other indirect fire.
Sec. 9302. Increase in employee compensa- foreign governments and enti-
ties of commercially available (v) Specific and meaningfully varied exam-
tion and benefits authorized by ples within each of subclauses (I) through
law. cyber intrusion and surveil-
lance technology. (IV).
Sec. 9303. Clarification of authorities and re- (B) Analysis of current and planned inte-
Sec. 9503. Reports on recommendations of
sponsibilities of National Man- grated air and missile defense capabilities to
the Cyberspace Solarium Com-
ager for National Security counter the threats analyzed and character-
mission.
Telecommunications and Infor- ized under subparagraph (A), including the
Sec. 9504. Assessment of critical technology
mation Systems Security. following:
trends relating to artificial in-
Sec. 9304. Continuity of operations plans for (i) Projected timelines for development,
telligence, microchips, and
certain elements of the intel- procurement, and fielding of planned inte-
semiconductors and related
ligence community in the case grated air and missile defense capabilities.
supply chains.
of a national emergency. (ii) Projected capability gaps.
Sec. 9505. Combating Chinese influence oper-
Sec. 9305. Application of Executive Schedule (iii) Opportunities for acceleration or need
ations in the United States and
level III to position of Director for incorporation of interim capabilities to
strengthening civil liberties
of National Reconnaissance Of- address current and projected gaps.
protections.
fice. Sec. 9506. Annual report on corrupt activi- (C) Analysis of current and planned capac-
Sec. 9306. National Intelligence University. ity to meet major contingency plan require-
ties of senior officials of the
Sec. 9307. Requiring facilitation of establish- ments and ongoing global operations of the
Chinese Communist Party.
ment of Social Media Data and combatant commands, including the fol-
Sec. 9507. Report on corrupt activities of
Threat Analysis Center. lowing:
Russian and other Eastern Eu-
Sec. 9308. Data collection on attrition in in- (i) Current and planned numbers of inte-
ropean oligarchs.
telligence community. Sec. 9508. Report on biosecurity risk and grated air and missile defense systems and
Sec. 9309. Limitation on delegation of re- formations, including munitions.
disinformation by the Chinese
sponsibility for program man- (ii) Capacity gaps in addressing combatant
Communist Party and the Gov-
agement of information-sharing command requirements.
ernment of the People’s Repub-
environment. (iii) Operations tempo stress on integrated
lic of China.
Sec. 9310. Improvements to provisions relat- air and missile defense formations and per-
Sec. 9509. Report on effect of lifting of
ing to intelligence community sonnel.
United Nations arms embargo
information technology envi- (iv) Plans of the Secretary to continue to
on Islamic Republic of Iran.
ronment. Sec. 9510. Report on Iranian activities relat- increase integrated air and missile defense
Sec. 9311. Requirements and authorities for personnel and formations.
ing to nuclear nonproliferation.
Director of the Central Intel- Sec. 9511. Sense of Congress on Third Option (D) Assessment of integrated air and mis-
ligence Agency to improve edu- Foundation. sile defense architecture and enabling com-
cation in science, technology, SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES. mand and control systems, including the fol-
engineering, arts, and mathe- In this Act, the term ‘‘congressional de- lowing:
matics. fense committees’’ has the meaning given (i) A description of the integrated air and
Subtitle B—Reports and Assessments that term in section 101(a)(16) of title 10, missile defense architecture and component
Pertaining to Intelligence Community United States Code. counter unmanned aerial systems (C–UAS)
Sec. 9321. Assessment by the Comptroller SEC. 4. BUDGETARY EFFECTS OF THIS ACT. sub-architecture.
General of the United States on The budgetary effects of this Act, for the (ii) Identification of the enabling command
efforts of the intelligence com- purposes of complying with the Statutory and control (C2) systems.
munity and the Department of Pay-As-You-Go Act of 2010, shall be deter- (iii) Inter-connectivity of the enabling
Defense to identify and miti- mined by reference to the latest statement command and control systems.
gate risks posed to the intel- titled ‘‘Budgetary Effects of PAYGO Legisla- (iv) Compatibility of the enabling com-
ligence community and the De- tion’’ for this Act, jointly submitted for mand and control systems with planned
partment by the use of direct- printing in the Congressional Record by the Joint All Domain Command and Control
to-consumer genetic testing by Chairmen of the House and Senate Budget (JADC2) architecture.
the Government of the People’s Committees, provided that such statement (E) Assessment of proponency within the
Republic of China. has been submitted prior to the vote on pas- Army of integrated air and missile defense
Sec. 9322. Report on use by intelligence com- sage in the House acting first on the con- and counter unmanned aerial systems, in-
munity of hiring flexibilities ference report or amendment between the cluding the following:
(i) A description of the current proponency
SSpencer on DSK126QN23PROD with SENATE
and expedited human resources Houses.
practices to assure quality and structure.
DIVISION A—DEPARTMENT OF DEFENSE
diversity in the workforce of (ii) Adequacy of the current proponency
AUTHORIZATIONS
the intelligence community. structure to facilitate Army executive agen-
Sec. 9323. Report on signals intelligence pri- TITLE I—PROCUREMENT cy integrated air and missile defense and
orities and requirements. Subtitle A—Authorization of Appropriations counter unmanned aerial systems functions
Sec. 9324. Assessment of demand for student SEC. 101. AUTHORIZATION OF APPROPRIATIONS. for the Department of Defense.
loan repayment program ben- Funds are hereby authorized to be appro- (iii) Benefits of establishing integrated air
efit. priated for fiscal year 2021 for procurement and missile defense and counter unmanned
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S4988 CONGRESSIONAL RECORD — SENATE August 5, 2020
aerial systems centers of excellence to help deploy or forward station the two batteries representative form, fit, and function for not
focus Army and joint force efforts to achiev- of interim cruise missile defense capability less than 1,080 continuous hours without pre-
ing a functional integrated air and missile procured pursuant to section 112 of the John ventative maintenance, corrective mainte-
defense capability and capacity to meet re- S. McCain National Defense Authorization nance, emergent repair, or any other form of
quirements of the combatant commands. Act for Fiscal Year 2019 (Public Law 115–232; repair or maintenance.
(3) CHARACTERIZATION.— 132 Stat. 1660) in an operational theater or (c) REQUIREMENT TO USE QUALIFIED EN-
(A) IN GENERAL.—In carrying out para- theaters. GINES AND GENERATORS.—The Secretary of
graph (2)(A), the Secretary shall avoid broad (b) MODIFICATION OF WAIVER.—Section the Navy shall require that covered pro-
characterizations that do not sufficiently 112(b)(4) of the John S. McCain National De- grams use only main propulsion engines and
distinguish between distinctly different fense Authorization Act for Fiscal Year 2019 electrical generators that are qualified under
threats in the same general class. (Public Law 115–232; 132 Stat. 1661) is amend- subsection (a)(1).
(B) EXAMPLE.—An example of a broad char- ed to read as follows: (d) LIMITATION.—The Secretary of the Navy
acterization to be avoided under such para- ‘‘(4) WAIVER.—The Secretary of the Army may not release a detail design or construc-
graph is ‘‘cruise missiles’’, since such charac- may waive the deadlines specified in para- tion request for proposals or obligate funds
terization does not sufficiently distinguish graph (1): from a procurement account for a covered
between current cruise missiles and emerg- ‘‘(A) For the deadline specified in para- program until such program receives Mile-
ing hypersonic cruise missiles, which may graph (1)(A), if the Secretary determines stone B approval and the milestone decision
require different capabilities to counter that sufficient funds have not been appro- authority notifies the congressional defense
them. priated to enable the Secretary to meet such committees, in writing, of the actions taken
(4) REPORT AND INTERIM BRIEFING.— deadline. to comply with the requirements under this
(A) INTERIM BRIEFING.—Not later than De- ‘‘(B) For the deadline specified in para- section.
cember 15, 2020, the Secretary shall provide graph (1)(B), if the Secretary submits to the (e) DEFINITIONS.—In this section:
the Committee on Armed Services of the congressional defense committees a certifi- (1) The term ‘‘covered program’’ means a
Senate and Committee on Armed Services of cation that— program for—
the House of Representatives a briefing on ‘‘(i) allocating resources toward procure- (A) medium unmanned surface vessels; or
the assessment being conducted by the Sec- ment of an integrated enduring capability (B) large unmanned surface vessels.
retary under paragraph (1). would provide robust tiered and layered pro- (2) The term ‘‘Milestone B approval’’ has
(B) REPORT.—Not later than February 15, tection to the joint force; or the meaning given the term in section
2021, the Secretary shall submit to the Com- ‘‘(ii) additional time is required to com- 2366(e)(7) of title 10, United States Code.
mittee on Armed Services of the Senate and plete training and preparation for oper- (3) The term ‘‘milestone decision author-
Committee on Armed Services of the House ational capability.’’. ity’’ means the official within the Depart-
of Representatives a report on the findings of ment of Defense designated with the overall
Subtitle C—Navy Programs
the Secretary with respect to the assessment responsibility and authority for acquisition
SEC. 121. CONTRACT AUTHORITY FOR COLUMBIA- decisions for the program, including author-
conducted under paragraph (1). CLASS SUBMARINE PROGRAM.
(b) REVIEW BY VICE CHAIRMAN OF THE JOINT ity to approve entry of the program into the
(a) CONTRACT AUTHORITY.—The Secretary next phase of the acquisition process.
CHIEFS OF STAFF.—
of the Navy may enter into a contract, be- (4) The term ‘‘Senior Technical Authority’’
(1) REVIEW.—The Vice Chairman of the
ginning with fiscal year 2021, for the procure- has the meaning given the term in section
Joint Chiefs of Staff shall review the assess-
ment of up to two Columbia-class sub- 8669b of title 10, United States Code.
ment being conducted under subsection (a)(1)
marines. SEC. 123. EXTENSION OF PROHIBITION ON AVAIL-
for potential gaps in capability and capacity
(b) INCREMENTAL FUNDING.—With respect ABILITY OF FUNDS FOR NAVY WA-
to meet requirements of the National De-
to a contract entered into under subsection TERBORNE SECURITY BARRIERS.
fense Strategy.
(a), the Secretary of the Navy may use incre- Section 130(a) of the John S. McCain Na-
(2) REPORT.—Not later than April 15, 2021,
mental funding to make payments under the tional Defense Authorization Act for Fiscal
the Vice Chairman of the Joint Chiefs of
contract. Year 2019 (Public Law 115–232; 132 Stat. 1665),
Staff shall submit to the Committee on
(c) LIABILITY.—Any contract entered into as amended by section 126 of the National
Armed Services of the Senate and Com-
under subsection (a) shall provide that— Defense Authorization Act for Fiscal Year
mittee on Armed Services of the House of
(1) any obligation of the United States to 2020 (Public Law 116–92), is further amended
Representatives a report on the finding of
make a payment under the contract is sub- by striking ‘‘for fiscal year 2019 or fiscal year
the Vice Chairman with respect to the re-
ject to the availability of appropriations for 2020’’ and inserting ‘‘for fiscal years 2019,
view conducted under paragraph (1).
that purpose; and 2020, or 2021’’.
SEC. 112. REPORT AND LIMITATION ON INTE-
(2) total liability of the Federal Govern- SEC. 124. PROCUREMENT AUTHORITIES FOR CER-
GRATED VISUAL AUGMENTATION
SYSTEM ACQUISITION. ment for termination of any contract en- TAIN AMPHIBIOUS SHIPBUILDING
(a) REPORT REQUIRED.— tered into shall be limited to the total PROGRAMS.
(1) IN GENERAL.—Not later than August 15, amount of funding obligated to the contract (a) CONTRACT AUTHORITY.—
2021, the Secretary of the Army shall submit at time of termination. (1) PROCUREMENT AUTHORIZED.—In fiscal
to the congressional defense committees a SEC. 122. LIMITATION ON NAVY MEDIUM AND year 2021, the Secretary of the Navy may
report on the Integrated Visual Augmenta- LARGE UNMANNED SURFACE VES- enter into one or more contracts for the pro-
SELS. curement of three San Antonio-class am-
tion System (IVAS) subsequent to the com-
pletion of operational testing. (a) MILESTONE B APPROVAL REQUIRE- phibious ships and one America-class am-
MENTS.—Milestone B approval may not be phibious ship.
(2) ELEMENTS REQUIRED.—The report re-
quired by paragraph (1) shall include the fol- granted for a covered program unless such (2) PROCUREMENT IN CONJUNCTION WITH EX-
lowing: program accomplishes prior to and incor- ISTING CONTRACTS.—The ships authorized to
(A) Certification of the IVAS acquisition porates into such approval— be procured under paragraph (1) may be pro-
strategy, to include production model costs, (1) qualification by the Senior Technical cured as additions to existing contracts cov-
full rate production schedule, and identifica- Authority of— ering such programs.
tion of any changes resulting from oper- (A) at least two different main propulsion (b) CERTIFICATION REQUIRED.—A contract
ational testing. engines and ancillary equipment, including may not be entered into under subsection (a)
(B) Certification of technology levels being the fuel and lube oil systems; and unless the Secretary of the Navy certifies to
utilized in the full rate production model. (B) at least two different electrical genera- the congressional defense committees, in
(C) Certification of operational suitability tors and ancillary equipment; writing, not later than 30 days before entry
and soldier acceptability of the production (2) final results of test programs of engi- into the contract, each of the following,
model IVAS. neering development models or prototypes which shall be prepared by the milestone de-
(b) LIMITATION ON USE OF FUNDS.—Not for critical systems specified by the Senior cision authority for such programs:
more than 50 percent of the amounts author- Technical Authority in their final form, fit, (1) The use of such a contract is consistent
ized to be appropriated by this Act for fiscal and function and in a realistic environment; with the Department of the Navy’s projected
year 2021 for procurement of the Integrated and force structure requirements for amphibious
Visual Augmentation System may be obli- (3) a determination by the milestone deci- ships.
gated or expended until the Secretary sub- sion authority of the minimum number of (2) The use of such a contract will result in
vessels, discrete test events, performance pa- significant savings compared to the total an-
SSpencer on DSK126QN23PROD with SENATE
mits to the congressional defense commit-
tees the report required under subsection (a). rameters to be tested, and schedule required ticipated costs of carrying out the program
SEC. 113. MODIFICATIONS TO REQUIREMENT FOR to complete initial operational test and eval- through annual contracts. In certifying cost
AN INTERIM CRUISE MISSILE DE- uation and demonstrate operational suit- savings under the preceding sentence, the
FENSE CAPABILITY. ability and operational effectiveness. Secretary shall include a written expla-
(a) PLAN.—Not later than January 15, 2021, (b) QUALIFICATION REQUIREMENTS.—The nation of—
the Secretary of the Army shall submit to qualification required in subsection (a)(1) (A) the estimated end cost and appro-
the congressional defense committees the shall include a land-based operational dem- priated funds by fiscal year, by hull, without
plan, including a timeline, to operationally onstration of such equipment in the vessel- the authority provided in subsection (a);
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4989
(B) the estimated end cost and appro- tity of such system included in the Presi- riod, the Secretary will request funding for
priated funds by fiscal year, by hull, with the dent’s annual budget request submitted to the contract at the level required to avoid
authority provided in subsection (a); Congress under section 1105 of title 31, contract cancellation.
(C) the estimated cost savings or increase United States Code, for such fiscal year shall (4) There is a stable design for the property
by fiscal year, by hull, with the authority not be included as a new procurement quan- to be procured, and the technical risks asso-
provided in subsection (a); tity in future annual budget requests. ciated with such property are not excessive.
(D) the discrete actions that will accom- SEC. 127. REPORT ON CARRIER WING COMPOSI- (5) The estimates of both the cost of the
plish such cost savings or avoidance; and TION. contract and the anticipated cost avoidance
(E) the contractual actions that will en- (a) REPORT.—Not later than May 1, 2021, through the use of an economic order quan-
sure the estimated cost savings are realized. the Secretary of the Navy, in consultation tity contract are realistic.
(3) There is a reasonable expectation that with the Chief of Naval Operations and Com- (6) Entering into the contract will promote
throughout the contemplated contract pe- mandant of the Marine Corps, shall submit the national security interests of the United
riod the Secretary of the Navy will request to the congressional defense committees a States.
funding for the contract at the level required report on the optimal composition of the (d) CERTIFICATION REQUIREMENT.—Except
to avoid contract cancellation. carrier air wing in 2030 and 2040, as well as as provided in subsection (e), the Secretary
(4) There is a stable design for the property alternative force design concepts. of Defense may not enter into a contract
to be acquired and the technical risks associ- (b) ELEMENTS.—The report required under under subsection (a) until 30 days after the
ated with such property are not excessive. subsection (a) shall include the following ele- Secretary certifies to the congressional de-
(5) The estimates of both the cost of the ments: fense committees, in writing, that each of
contract and the anticipated cost avoidance (1) An analysis and justification used to the following conditions is satisfied:
through the use of a contract authorized reach the 50–50 mix of 4th and 5th generation (1) A sufficient number of end items of the
under subsection (a) are realistic. aircraft for 2030. system being acquired under such contract
(6) The use of such a contract will promote (2) An analysis and justification for the op- have been delivered at or within the most re-
the national security of the United States. timal mix of carrier aircraft for 2040. cently available estimates of the program
(7) During the fiscal year in which such (3) A plan for incorporating unmanned aer- acquisition unit cost or procurement unit
contract is to be awarded, sufficient funds ial vehicles and associated communication cost for such system to determine that the
will be available to perform the contract in capabilities to effectively implement the fu- estimates of the unit costs are realistic.
such fiscal year, and the future-years defense ture force design. (2) During the fiscal year in which such
program (as defined under section 221 of title SEC. 128. REPORT ON STRATEGY TO USE ALQ–249 contract is to be awarded, sufficient funds
10, United States Code) for such fiscal year NEXT GENERATION JAMMER TO EN- will be available to perform the contract in
will include the funding required to execute SURE FULL SPECTRUM ELECTRO- such fiscal year, and the future-years defense
MAGNETIC SUPERIORITY. program submitted to Congress under sec-
the program without cancellation.
(c) AUTHORITY FOR ADVANCE PROCURE- (a) REPORT.—Not later than July 30, 2021, tion 221 of title 10, United States Code, for
MENT.—The Secretary of the Navy may enter
the Secretary of the Navy, in consultation that fiscal year will include the funding re-
into one or more contracts for advance pro- with the Vice Chairman of the Joint Chiefs, quired to execute the program without can-
curement associated with a vessel or vessels shall submit to the congressional defense cellation.
for which authorization to enter into a con- committees report with a strategy to ensure (3) The contract is a fixed-price type con-
tract is provided under subsection (a), and full spectrum electromagnetic superiority tract.
for systems and subsystems associated with using the ALQ–249 Next Generation Jammer. (4) The proposed contract provides for pro-
(b) ELEMENTS.—The report required under duction at not less than minimum economic
such vessels in economic order quantities
subsection (a) shall include the following ele- rates given the existing tooling and facili-
when cost savings are achievable.
(d) CONDITION FOR OUT-YEAR CONTRACT ments: ties.
PAYMENTS.—A contract entered into under (1) A description of the current procure- (5) The Secretary has determined that each
subsection (a) shall provide that any obliga- ment strategy of the ALQ–249 and the anal- of the conditions described in paragraphs (1)
tion of the United States to make a payment ysis of its capability to meet the RF fre- through (6) of subsection (c) will be met by
under the contract for a fiscal year is subject quency ranges required in a National Defense such contract and has provided the basis for
to the availability of appropriations for that Strategy (NDS) conflict. such determination to the congressional de-
purpose for such fiscal year. (2) An assessment of the ALQ–249’s compat- fense committees.
(e) MILESTONE DECISION AUTHORITY DE- ibility and ability to synchronize non-ki- (6) The determination under paragraph (5)
FINED.—In this section. the term ‘‘milestone netic fires using other Joint Electronic War- was made after the completion of a cost
decision authority’’ has the meaning given fare (EW) platforms. analysis performed by the Director of Cost
the term in section 2366a(d) of title 10, (3) A future model of an interlinked/inter- Assessment and Program Evaluation for the
United States Code. dependent electronic warfare menu of op- purpose of section 2334(f)(2) of title 10, United
SEC. 125. FIGHTER FORCE STRUCTURE ACQUISI- tions for commanders at tactical, oper- States Code, and the analysis supports that
TION STRATEGY. ational, and strategic levels. determination.
(a) REPORT REQUIRED.—Not later than Subtitle D—Air Force Programs (e) EXCEPTION.—Notwithstanding sub-
March 1, 2021, the Secretary of the Navy SEC. 141. ECONOMIC ORDER QUANTITY CON- section (d), the Secretary of Defense may
shall submit to the congressional defense TRACTING AUTHORITY FOR F–35 enter into a contract under subsection (a) on
committees a report with a fighter force JOINT STRIKE FIGHTER PROGRAM. or after December 1, 2020, if—
structure acquisition strategy that is (a) AUTHORITY FOR ADVANCE PROCUREMENT (1) the Director of Cost Assessment and
aligned with the results of the independent AND ECONOMIC ORDER QUANTITY.—The Sec- Program Evaluation has not completed a
studies required under section 1064 of the Na- retary of Defense may enter into one or more cost analysis of the preliminary findings
tional Defense Authorization Act for Fiscal contracts, beginning with the fiscal year 2020 made by the Secretary under subsection (c)
Year 2018 (Public Law 115–91; 131 Stat. program year, for the procurement of eco- with respect to the contract;
1576).The strategy shall establish a minimum nomic order quantities of material and (2) the Secretary certifies to the congres-
number of F–35 and Next Generation Air equipment for the F–35 aircraft program for sional defense committees, in writing, that
Dominance (NGAD) aircraft that the Navy use in procurement contracts to be awarded each of the conditions described in para-
and Marine Corps would be required to pur- for such program during fiscal years 2021 graphs (1) through (5) of subsection (d) is sat-
chase each year to mitigate or manage through 2023. isfied; and
strike fighter shortfalls. (b) LIMITATION.—The total amount obli- (3) a period of 30 days has elapsed following
(b) LIMITATION ON DEVIATION FROM STRAT- gated in fiscal year 2021 under all contracts the date on which the Secretary submits the
EGY.—The Department of the Navy may not entered into under subsection (a) shall not certification under paragraph (2).
deviate from the acquisition strategy estab- exceed $493,000,000. SEC. 142.
MINIMUM AIRCRAFT LEVELS FOR
lished under subsection (a) until— (c) PRELIMINARY FINDINGS.—Before enter- MAJOR MISSION AREAS.
(1) the Secretary of the Navy receives a ing into a contract under subsection (a), the (a) MINIMUM LEVELS.—Except as provided
waiver and justification from the Secretary Secretary shall make each of the following under subsection (b), the Secretary of the
of Defense; and findings with respect to such contract: Air Force shall maintain the following mini-
(2) 30 days after the Secretary of the Navy (1) The use of such a contract will result in ma, based on Primary Mission Aircraft In-
notifies the congressional defense commit- significant savings of the total anticipated ventory (PMAI):
costs of carrying out the program through (1) 1,182 Fighter aircraft.
SSpencer on DSK126QN23PROD with SENATE
tees of the proposed deviation.
SEC. 126. TREATMENT OF SYSTEMS ADDED BY annual contracts. (2) 190 Attack Remotely Piloted Aircraft
CONGRESS IN FUTURE PRESIDENT’S (2) The minimum need for the property to (RPA).
BUDGET REQUESTS. be procured is expected to remain substan- (3) 92 Bomber aircraft.
A procurement quantity of a system au- tially unchanged during the contemplated (4) 412 Tanker aircraft.
thorized by Congress in a National Defense contract period in terms of production rate, (5) 230 Tactical airlift aircraft.
Authorization Act for a given fiscal year procurement rate, and total quantities. (6) 235 Strategic airlift aircraft.
that is subsequently appropriated by Con- (3) There is a reasonable expectation that, (7) 84 Strategic Intelligence, Surveillance,
gress in an amount greater than the quan- throughout the contemplated contract pe- and Reconnaissance (ISR) aircraft.
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S4990 CONGRESSIONAL RECORD — SENATE August 5, 2020
(8) 106 Combat Search and Rescue (CSAR) fleets of U–2 aircraft or RQ–4 aircraft in their committees an implementation strategy for
aircraft. current, or improved, configurations and ca- the solution.
(b) EXCEPTIONS.—The Secretary of the Air pabilities until the Chairman of the Joint
Force may reduce the number of aircraft in SEC. 152. ANALYSIS OF REQUIREMENTS AND AD-
Requirements Oversight Council certifies in
VANCED BATTLE MANAGEMENT SYS-
the PMAI of the Air Force below the minima writing to the appropriate committees of TEM CAPABILITIES.
specified in subsection (a) only if— Congress that the capability to be fielded at
(1) the Secretary certifies to the congres- the same time or before the retirement of (a) ANALYSIS.—Not later than April 1, 2021,
sional defense committees that such reduc- the U–2 aircraft or RQ–4 aircraft (as the case the Secretary of the Air Force, in consulta-
tion is justified by the results of the new ca- may be) would result in equal or greater ca- tion with the commanders of the combatant
pability and requirements studies; and pability available to the commanders of the commands, shall develop an analysis of cur-
(2) a period of 30 days has elapsed following combatant commands and would not result rent and future moving target indicator re-
the date on which the certification is made in less capacity available to the commanders quirements across the combatant commands
to the congressional defense committees of the combatant commands. and operational and tactical level command
under paragraph (1). (b) WAIVER.—The Secretary of Defense may and control capabilities the Advanced Battle
(c) APPLICABILITY.—The limitation in sub- waive the certification requirement under Management System (ABMS) will require
section (a) shall not apply to aircraft that subsection (a) with respect to U–2 aircraft or when fielded.
the Secretary of the Air Force determines, RQ–4 aircraft if the Secretary—
on a case-by-case basis, to be no longer mis- (1) determines, after analyzing sufficient (b) JROC REQUIREMENTS.—
sion capable because of mishaps, other dam- and relevant data, that a loss in capacity (1) IN GENERAL.—Not later than 60 days
age, or being uneconomical to repair. and capability will not prevent the combat- after the Secretary of the Air Force develops
SEC. 143. MINIMUM OPERATIONAL SQUADRON ant commanders from accomplishing their the analysis under subsection (a), the Joint
LEVEL. missions at acceptable levels of risk; and Requirements Oversight Council (JROC)
As soon as practicable after the date of the (2) provides to the appropriate committees shall certify that requirements for ABMS in-
enactment of this Act and subject to the of Congress a certification of such deter- corporate the findings of the analysis.
availability of appropriations, the Secretary mination and supporting analysis. (2) CONGRESSIONAL NOTIFICATION.—The
of the Air Force shall seek to achieve a min- (c) APPROPRIATE COMMITTEES OF CONGRESS Joint Requirements Oversight Council
imum of not fewer than 386 available oper- DEFINED.—In this section, the term ‘‘appro- (JROC) shall notify the congressional de-
ational squadrons, or equivalent organiza- priate committees of Congress’’ means— fense committees upon making the certifi-
tional units, within the Air Force. In addi- (1) the Committee on Armed Services, the cation required under paragraph (1) and pro-
tion to the operational squadrons, the Sec- Committee on Appropriations, and the Se- vide a briefing on the requirements and find-
retary shall strive to achieve the following lect Committee on Intelligence of the Sen- ings described in such paragraph not later
primary mission aircraft inventory (PMAI) ate; and than 30 days after such notification.
numbers: (2) the Committee on Armed Services, the
SEC. 153. STUDIES ON MEASURES TO ASSESS
(1) 1,680 Fighter aircraft. Committee on Appropriations, and the Per- COST-PER-EFFECT FOR KEY MISSION
(2) 199 Persist attack remotely piloted air- manent Select Committee on Intelligence of AREAS.
craft (RPA). the House of Representatives.
(3) 225 Bomber aircraft. SEC. 149. LIMITATION ON DIVESTMENT OF F–15C (a) IN GENERAL.—Not later than January 1,
(4) 500 Air refueling aircraft. AIRCRAFT IN THE EUROPEAN THE- 2021, the Secretary of the Air Force shall
(5) 286 Tactical airlift aircraft. ATER. provide for the performance of two inde-
(6) 284 Strategic airlift aircraft. (a) IN GENERAL.—The Secretary of the Air pendent studies to devise new measures to
(7) 55 Command and control aircraft. Force may not divest F–15C aircraft in the assess cost-per-effect for key mission areas.
(8) 105 Combat search and rescue (CSAR) European theater until the F–15EX aircraft One of the studies shall be conducted by an
aircraft. is integrated into the Air Force and has organization described in section 501(c)(3) of
(9) 30 Intelligence, surveillance, and recon- begun bed down actions in the European the- the Internal Revenue Code of 1986 and ex-
naissance (ISR) aircraft. ater. empt from tax under section 501(a) of such
(10) 179 Special operations aircraft. (b) WAIVER.—The Secretary of Defense, Code, and one of the studies shall be con-
(11) 40 Electronic warfare (EW) aircraft. after consultation with the Commander of
ducted by a federally funded research and de-
SEC. 144. MINIMUM AIR FORCE BOMBER AIR-
the United States European Command
velopment center.
CRAFT LEVEL. (EUCOM), may waive the limitation under
subsection (a) if the Secretary certifies to (b) SCOPE.—Each study conducted pursuant
The Secretary of Defense shall submit to
the congressional defense committees rec- Congress the divestment is required for the to subsection (a) shall address the following
ommendations for a minimum number of national defense and that there exists suffi- matters:
bomber aircraft, including penetrating cient resources at all times to meet NATO (1) Number of weapon systems required to
bombers in addition to B–52H aircraft, to en- and EUCOM air superiority requirements for meet a specified mission goal.
able the Air Force to carry out its long- the European theater. (2) Number of personnel required to meet a
range penetrating strike capability. SEC. 150. AIR BASE DEFENSE DEVELOPMENT AND specified mission goal.
ACQUISITION STRATEGY. (3) Associated operation and maintenance
SEC. 145. F–35 GUN SYSTEM.
(a) STRATEGY REQUIRED.—Not later than costs necessary to facilitate respective oper-
The Secretary of the Air Force shall begin March 1, 2021, the Chief of Staff of the Air ational constructs.
the procurement process for an alternate Force (CSAF), in consultation with the Chief (4) Basing requirements for respective
25mm ammunition solution that provides a of Staff of the Army (CSA), shall submit to force constructs.
true full-spectrum target engagement capa- the congressional defense committees a de- (5) Mission support elements required to
bility for the F–35A aircraft. velopment and acquisition strategy to pro- facilitate specified operations.
SEC. 146. PROHIBITION ON FUNDING FOR CLOSE cure a capability to protect air bases and (6) Defensive measures required to facili-
AIR SUPPORT INTEGRATION GROUP.
prepositioned sites in contested environ- tate viable mission operations.
No funds authorized to be appropriated by ments highlighted in the National Defense (7) Attrition due to enemy counter-
this Act may be obligated or expended for Strategy. The strategy should ensure a solu- measures and other loss factors associated
the Close Air Support Integration Group tion that is effective against current and with respective technologies.
(CIG) or its subordinate units at Nellis Air emerging cruise missile and advanced (8) Associated weapon effects costs com-
Force Base, Nevada, and the Air Force may hypersonic missile threats. pared to alternative forms of power projec-
not utilize personnel or equipment in sup- (b) LIMITATION ON USE OF OPERATION AND tion.
port of the CIG or its subordinate units. MAINTENANCE FUNDS.—Not more than 50 per-
SEC. 147. LIMITATION ON DIVESTMENT OF KC–10 cent of the funds authorized to be appro- (c) IMPLEMENTATION OF MEASURES.—The
AND KC–135 AIRCRAFT. priated by this Act for fiscal year 2021 for op- Secretary of the Air Force shall, as appro-
The Secretary of Defense may not divest eration and maintenance for the Office of the priate, incorporate the findings of the stud-
KC–10 and KC–135 aircraft in excess of the Secretary of the Air Force and the Office of ies conducted pursuant to subsection (a) in
following amounts: the Secretary of the Army may be obligated the Air Force’s future force development
(1) In fiscal year 2021, 6 KC–10 aircraft, in- or expended until 15 days after submission of process. The measures—
cluding only 3 from primary mission aircraft the strategy required under subsection (a). (1) should be domain and platform agnos-
inventory (PMAI). tic;
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SEC. 151. REQUIRED SOLUTION FOR KC–46 AIR-
(2) In fiscal year 2022, 12 KC–10 aircraft. CRAFT REMOTE VISUAL SYSTEM (2) should focus on how best to achieve
(3) In fiscal year 2023, 12 KC–10 and 14 KC– LIMITATIONS. mission goals in future operations; and
135 aircraft. The Secretary of the Air Force shall de- (3) shall consider including harnessing
SEC. 148. LIMITATION ON RETIREMENT OF U–2 velop and implement a complete, one-time cost-per-effect assessments as a key perform-
AND RQ–4 AIRCRAFT. solution to the KC–46 aircraft remote visual ance parameter within the Department of
(a) LIMITATION.—The Secretary of the Air system (RVS) operational limitations. Not Defense’s Joint Capabilities Integration and
Force may not take any action that would later than October 1, 2020, the Secretary Development System (JCIDS) requirements
prevent the Air Force from maintaining the shall submit to the congressional defense process.
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4991
SEC. 154. PLAN FOR OPERATIONAL TEST AND ‘‘(2) Each annual aircraft procurement plan craft that will result from funding aircraft
UTILITY EVALUATION OF SYSTEMS shall include the following: procurement at such level. The assessment
FOR LOW-COST ATTRIBUTABLE AIR- ‘‘(A) A detailed program for the procure- shall be coordinated in advance with the
CRAFT TECHNOLOGY PROGRAM.
ment of the aircraft specified in subsection commanders of the combatant commands.
Not later than October 1, 2020, the Assist- (b) for each of the Department of the Navy, ‘‘(e) ANNUAL REPORT ON AIRCRAFT INVEN-
ant Secretary of the Air Force for Acquisi- the Department of the Army, and the De- TORY.—(1) As part of the annual plan and cer-
tion, Technology, and Logistics shall— partment of the Air Force over the next 30 tification required to be submitted under
(a) submit to the congressional defense fiscal years. this section, the Secretary shall include a re-
committees an executable plan for the oper- ‘‘(B) A description of the necessary avia- port on the aircraft in the inventory of the
ational test and utility evaluation of the tion force structure to meet the require- Department of Defense. Each such report
systems of the Low-Cost Attributable Air- ments of the national military strategy of shall include the following, for the year cov-
craft Technology (LCAAT) program of the the United States or the most recent Quad- ered by the report:
Air Force; and rennial Defense Review, whichever is appli- ‘‘(A) The total number of aircraft in the in-
(b) brief the congressional defense commit- cable under paragraph (1). ventory.
tees on such plan. ‘‘(C) The estimated levels of annual invest- ‘‘(B) The total number of the aircraft in
SEC. 155. PROHIBITION ON RETIREMENT OR DI- ment funding necessary to carry out each the inventory that are active, stated in the
VESTMENT OF A–10 AIRCRAFT.
aircraft program, together with a discussion following categories (with appropriate sub-
The Secretary of Defense may not during of the procurement strategies on which such categories for mission aircraft, training air-
fiscal year 2021 divest or retire any A–10 air- estimated levels of annual investment fund- craft, dedicated test aircraft, and other air-
craft, in order to ensure ongoing capabilities ing are based, set forth in aggregate for the craft):
to counter violent extremism and provide Department of Defense and in aggregate for ‘‘(i) Primary aircraft.
close air support and combat search and res- each military department. ‘‘(ii) Backup aircraft.
cue in accordance with the National Defense ‘‘(D) The estimated level of annual funding ‘‘(iii) Attrition and reconstitution reserve
Strategy. necessary to operate, maintain, sustain, and aircraft.
Subtitle E—Defense-wide, Joint, and support each aircraft program throughout ‘‘(C) The total number of the aircraft in
Multiservice Matters the life-cycle of the program, set forth in ag- the inventory that are inactive, stated in the
SEC. 171. BUDGETING FOR LIFE-CYCLE COST OF gregate for the Department of Defense and in following categories:
AIRCRAFT FOR THE NAVY, ARMY, aggregate for each military department. ‘‘(i) Bailment aircraft.
AND AIR FORCE: ANNUAL PLAN AND ‘‘(E) For each of the cost estimates re- ‘‘(ii) Drone aircraft.
CERTIFICATION. quired by subparagraphs (C) and (D)— ‘‘(iii) Aircraft for sale or other transfer to
(a) IN GENERAL.—Chapter 9 of title 10, ‘‘(i) a description of whether the cost esti- foreign governments.
United States Code, is amended by inserting mate is derived from the cost estimate posi- ‘‘(iv) Leased or loaned aircraft.
after section 231 the following new section: tion of the military department or derived ‘‘(v) Aircraft for maintenance training.
‘‘§ 231a. Budgeting for life-cycle cost of air- from the cost estimate position of the Office ‘‘(vi) Aircraft for reclamation.
craft for the Navy, Army, and Air Force: of Cost Analysis and Program Evaluation; ‘‘(vii) Aircraft in storage.
Annual plan and certification ‘‘(ii) if the cost estimate position of the ‘‘(D) The aircraft inventory requirements
‘‘(a) ANNUAL AIRCRAFT PROCUREMENT PLAN military department and the cost estimate approved by the Joint Chiefs of Staff.
AND CERTIFICATION.—Not later than 45 days position of the Office of Cost Analysis and ‘‘(2) Each report submitted under this sub-
after the date on which the President sub- Program Evaluation differ by more than 5 section shall set forth each item described in
mits to Congress the budget for a fiscal year, percent for any aircraft program, an anno- paragraph (1) separately for the regular com-
the Secretary of Defense shall submit to the tated cost estimate difference and sufficient ponent of each armed force and for each re-
congressional defense committees— rationale to explain the difference; serve component of each armed force and, for
‘‘(1) a plan for the procurement of the air- ‘‘(iii) the confidence or certainty level as- each such component, shall set forth each
craft specified in subsection (b) for the De- sociated with the cost estimate for each air- type, model, and series of aircraft provided
partment of the Navy, the Department of the craft program; and for in the future-years defense program that
Army, and the Department of the Air Force ‘‘(iv) a certification that cost between dif- covers the fiscal year for which the budget
developed in accordance with this section; ferent services and aircraft are based on accompanying the plan, certification and re-
and similar components in the life-cycle cost of port is submitted.
each program. ‘‘(f) DEFINITION OF BUDGET.—In this sec-
‘‘(2) a certification by the Secretary that
‘‘(F) An assessment by the Secretary of De- tion, the term ‘budget’, with respect to a fis-
both the budget for such fiscal year and the
fense of the extent to which the combined cal year, means the budget for that fiscal
future years defense program submitted to
aircraft forces of the Department of the year that is submitted to Congress by the
Congress in relation to such budget under
Navy, the Department of the Army, and the President under section 1105(a) of title 31.’’.
section 221 of this title provide for funding of
Department of the Air Force meet the na- (b) CLERICAL AMENDMENT.—The table of
the procurement of aircraft at a level that is
tional security requirements of the United sections at the beginning of chapter 9 of such
sufficient for the procurement of the aircraft
States. title is amended by inserting after the item
provided for in the plan under paragraph (1)
‘‘(3) For any cost estimate required by relating to section 231 the following new
on the schedule provided in the plan.
paragraph (2)(C) or (D), for any aircraft pro- item:
‘‘(b) COVERED AIRCRAFT.—The aircraft
specified in this subsection are the aircraft gram for which the Secretary is required to ‘‘231a. Budgeting for life-cycle cost of air-
include in a report under section 2432 of this craft for the Navy, Army, and
as follows:
title, the source of the cost information used Air Force: Annual plan and cer-
‘‘(1) Fighter aircraft.
to prepare the annual aircraft plan, shall be tification.’’.
‘‘(2) Attack aircraft.
sourced from the Selected Acquisition Re- SEC. 172. AUTHORITY TO USE F–35 AIRCRAFT
‘‘(3) Bomber aircraft.
port data that the Secretary plans to submit WITHHELD FROM DELIVERY TO GOV-
‘‘(4) Intertheater lift aircraft.
to the congressional defense committees in ERNMENT OF TURKEY.
‘‘(5) Intratheater lift aircraft.
accordance with subsection (f) of that sec- The Secretary of the Air Force is author-
‘‘(6) Intelligence, surveillance, and recon- tion for the year for which the annual air-
naissance aircraft. ized to utilize, modify, and operate the 6 F–
craft plan is prepared. 35 aircraft that were accepted by the Govern-
‘‘(7) Tanker aircraft. ‘‘(4) The annual aircraft procurement plan
‘‘(8) Remotely piloted aircraft. ment of Turkey but never delivered because
shall be submitted in unclassified form and Turkey was suspended from the F–35 pro-
‘‘(9) Rotary-wing aircraft. shall contain a classified annex. A summary
‘‘(10) Operational support and executive lift gram.
version of the unclassified report shall be SEC. 173. TRANSFER FROM COMMANDER OF
aircraft. made available to the public. UNITED STATES STRATEGIC COM-
‘‘(11) Any other major support aircraft des- ‘‘(d) ASSESSMENT WHEN AIRCRAFT PROCURE- MAND TO CHAIRMAN OF THE JOINT
ignated by the Secretary of Defense for pur- MENT BUDGET IS INSUFFICIENT TO MEET AP- CHIEFS OF STAFF OF RESPONSIBIL-
poses of this section. PLICABLE REQUIREMENTS.—If the budget for a ITIES AND FUNCTIONS RELATING TO
‘‘(c) ANNUAL AIRCRAFT PROCUREMENT fiscal year provides for funding of the pro- ELECTROMAGNETIC SPECTRUM OP-
PLAN.—(1) The annual aircraft procurement curement of aircraft for the Department of ERATIONS.
plan developed for a fiscal year for purposes the Navy, the Department of the Army, or (a) TRANSFER.—Not later than one year
of subsection (a)(1) should be designed so the Department of the Air Force at a level after the date of the enactment of this Act
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that the aviation force provided for under that is not sufficient to sustain the aviation and subject to subsection (c), the Secretary
the plan is capable of supporting the na- force structure specified in the aircraft pro- of Defense shall transition to the Chairman
tional military strategy of the United States curement plan for such Department for that of the Joint Chiefs of Staff as a Chairman’s
as set forth in the most recent National De- fiscal year under subsection (a), the Sec- Controlled Activity all of the responsibilities
fense Strategy submitted under section retary shall include with the defense budget and functions of the Commander of United
113(g) of title 10, United States Code, and Na- materials for that fiscal year an assessment States Strategic Command that are germane
tional Military Strategy submitted under that describes and discusses the risks associ- to electromagnetic spectrum operations, in-
section 153(b) of title 10, United States Code. ated with the reduced force structure of air- cluding—
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S4992 CONGRESSIONAL RECORD — SENATE August 5, 2020
(1) advocacy for joint electronic warfare (ii) an alternative arrangement described 1, 2026, the Vice Chairman of the Joint Chiefs
capabilities, in paragraph (2) is justified; and of Staff shall brief the Committee on Armed
(2) providing contingency electronic war- (B) the Chairman intends to transfer re- Services of the Senate and the Committee on
fare support to other combatant commands, sponsibilities and activities in order to carry Armed Services of the House of Representa-
and out such alternative arrangement. tives on the implementation of this section
(3) supporting combatant command joint (2) ALTERNATIVE ARRANGEMENT DE- by each of the Joint Staff, the military serv-
training and planning related to electro- SCRIBED.—An alternative arrangement de- ices, and the combatant commands.
magnetic spectrum operations. scribed in this paragraph is an arrangement SEC. 174.CRYPTOGRAPHIC MODERNIZATION
(b) RESPONSIBILITY OF VICE CHAIRMAN OF in which certain oversight, advocacy, and co- SCHEDULES.
THE JOINT CHIEFS OF STAFF AS THE ELEC- ordination functions allotted to the Chair- (a) CRYPTOGRAPHIC MODERNIZATION SCHED-
TRONIC WARFARE SENIOR DESIGNATED OFFI- man or Vice Chairman of the Joint Chiefs of ULES REQUIRED.—Each of the Secretaries of
CIAL.—The Vice Chairman of the Joint Chiefs Staff by subsections (a) and (b) are per- the military departments and the heads of
of Staff, as the Electronic Warfare Senior formed either by a single combatant com- relevant defense agencies and field activities
Designated Official, shall be responsible for mand or by the individual geographic and shall establish and maintain a cryptographic
the following: functional combatant commands responsible modernization schedule that specifies, for
(1) Executing the functions transitioned to for executing electromagnetic spectrum op- each pertinent weapon system, command and
the Chairman of the Joint Chiefs of Staff erations with long-term supervision by the control system, or data link, including those
under subsection (a). Chairman or Vice Chairman of the Joint that use commercial encryption tech-
(2) Overseeing, with the Chief Information Chiefs of Staff. nologies, as relevant, the following:
(d) EVALUATIONS OF ARMED FORCES.—
Officer of the Department of Defense, the de- (1) The expiration date or cease key date
(1) IN GENERAL.—The Chief of Staff of the
velopment and implementation of the Elec- for applicable cryptographic algorithms.
Army, the Chief of Naval Operations, the
tromagnetic Spectrum Superiority Strategy (2) Anticipated key extension requests for
Chief of Staff of the Air Force, the Com-
of the Department of Defense and subsequent systems where cryptographic modernization
mandant of the Marine Corps, and the Chief
Department-wide electromagnetic spectrum is assessed to be overly burdensome and ex-
of Space Operations shall each conduct and
and electronic warfare strategies. pensive or to provide limited operational
complete an evaluation of the armed forces
(3) Managing the Joint Electronic Warfare utility.
for their respective military services and
Center and the Joint Electromagnetic Pre- (3) The funding and deployment schedule
their ability to perform the electromagnetic
paredness for Advanced Combat organiza- spectrum operations missions required of for modernized cryptographic algorithms,
tions. them in— keys, and equipment over the Future Years
(4) Overseeing, through the Joint Require- (A) the Electromagnetic Spectrum Superi- Defense Program.
ments Oversight Council and the Electro- ority Strategy; (b) REQUIREMENTS FOR CHIEF INFORMATION
magnetic Spectrum Operations cross-func- (B) the Joint Staff-developed concept of OFFICER.—The Chief Information Officer of
tional team, the acquisition activities of the operations; and the Department of Defense shall—
military services as they relate to electro- (C) the operation and contingency plans of (1) oversee the construction and implemen-
magnetic spectrum operations. the combatant commanders. tation of the cryptographic modernization
(5) Overseeing and, as appropriate, setting (2) ELEMENTS.—Each evaluation under schedules required by subsection (a);
standards for the individual and unit train- paragraph (1) shall include assessment of the (2) establish and maintain an integrated
ing programs of the military services and the following: cryptographic modernization schedule for
joint training and mission rehearsal pro- (A) Current programs of record, includ- the entire Department, collating the cryp-
grams of the combatant commands as they ing— tographic modernization schedules required
relate to electromagnetic spectrum oper- (i) the ability of weapon systems to per- under subsection (a); and
ations. form missions in contested electromagnetic (3) in coordination with the Director of the
(6) Overseeing the development of tactics, spectrum environments; and National Security Agency and the Joint
techniques, and procedures germane to elec- (ii) the ability of electronic warfare capa- Staff Director for Command, Control, Com-
tromagnetic spectrum operations. bilities to disrupt adversary operations. munications, and Computers/Cyber, use the
(7) Overseeing the integration of electro- (B) Future programs of record, including— budget certification, standard-setting, and
magnetic spectrum operations into oper- (i) the need for distributed or network-cen- policy-making authorities provided in sec-
ation plans and contingency plans. tric electronic warfare and signals intel- tion 142 of title 10, United States Code, to
(8) Developing and integrating into the ligence capabilities; and amend military service and defense agency
joint warfighting concept operational con- (ii) the need for automated and machine and field activity plans for key extension re-
cepts for electromagnetic spectrum oper- learning- or artificial intelligence-assisted quests and cryptographic modernization
ations, including the following: electronic warfare capabilities. funding and deployment that pose unaccept-
(A) The roles and responsibilities of each of (C) Order of battle. able risk to military operations.
the military services and their primary con- (D) Individual and unit training. (c) ANNUAL NOTICES.—Not later than Janu-
tributions to the joint force. (E) Tactics, techniques, and procedures, in- ary 1, 2022, and not less frequently than once
(B) The primary targets for offensive elec- cluding— each year thereafter until January 1, 2026,
tromagnetic spectrum operations and their (i) maneuver, distribution of assets, and the Chief Information Officer of the Depart-
alignment to the military services and rel- the use of decoys; and ment and the Joint Staff Director for Com-
evant capabilities. (ii) integration of nonkinetic and kinetic mand, Control, Communications, and Com-
(C) The armed forces’ positioning, scheme fires. puters/Cyber shall jointly submit to the con-
of maneuver, kill chains, and tactics, tech- (e) EVALUATION OF COMBATANT COM- gressional defense committees notification
niques, and procedures, as appropriate, to MANDS.— of all—
conduct offensive electromagnetic spectrum (1) IN GENERAL.—The Commander of the (1) delays to or planned delays of military
operations. United States European Command, the Com- service and defense agency and field activity
(D) The armed forces’ positioning, scheme mander of the United States Pacific Com- funding and deployment of modernized cryp-
of maneuver, kill chains, and tactics, tech- mand, and the Commander of the United tographic algorithms, keys, and equipment
niques, and procedures, as appropriate, to de- States Central Command shall each conduct over the previous year; and
tect, disrupt, avoid, or render ineffective ad- and complete an evaluation of the plans and (2) changes in plans or schedules sur-
versary electromagnetic spectrum oper- posture of their respective commands to exe- rounding key extension requests and waiv-
ations. cute the electromagnetic spectrum oper- ers, including—
(c) PERIOD OF EFFECT OF TRANSFER.— ations envisioned in— (A) unscheduled or unanticipated key ex-
(1) IN GENERAL.—The transfer required by (A) the Electromagnetic Spectrum Superi- tension requests; and
subsection (a) and the responsibilities speci- ority Strategy; and (B) unscheduled or unanticipated waivers
fied in subsection (b) shall remain in effect (B) the Joint Staff-developed concept of and nonwaivers of scheduled or anticipated
until such date as the Chairman of the Joint operations. key extension requests.
Chiefs of Staff considers appropriate, except (2) ELEMENTS.—Each evaluation under SEC. 175. PROHIBITION ON PURCHASE OF ARMED
that such date shall not be earlier than the paragraph (1) shall include assessment of the OVERWATCH AIRCRAFT.
date that is 180 days after the date on which following: The Secretary of the Air Force may not
the Chairman submits to the congressional purchase any aircraft for the Air Force Spe-
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(A) Operation and contingency plans.
defense committees notice that— (B) The manning, organizational align- cial Operations Command for the purpose of
(A) the Chairman has made a determina- ment, and capability of joint electro- ‘‘armed overwatch’’ until such time as the
tion that— magnetic spectrum operations cells. Chief of Staff of the Air Force certifies to
(i) the military services’, geographic com- (C) Mission rehearsal and exercises. the congressional defense committees that
batant commands’, and functional combat- (D) Force positioning, posture, and readi- general purpose forces of the Air Force do
ant commands’ electromagnetic spectrum ness. not have the skill or capacity to provide
operations expertise, capabilities, and execu- (f) SEMIANNUAL BRIEFING.—Not less fre- close air support and armed overwatch to
tion are sufficiently robust; and quently than twice each year until January United States forces deployed operationally.
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4993
SEC. 176. SPECIAL OPERATIONS ARMED SEC. 178. CONTRACT AVIATION SERVICES IN A connaissance platform requirements of the
OVERWATCH. COUNTRY OR IN AIRSPACE IN United States Special Operations Forces, in-
WHICH A SPECIAL FEDERAL AVIA- cluding range, payload, endurance, ability to
(a) PROHIBITION.—None of the funds author- TION REGULATION APPLIES.
ized to be appropriated by this Act for the operate in contested environments, and
(a) IN GENERAL.—When the Department of other requirements as appropriate.
Department of Defense may be used to ac- Defense contracts for aviation services to be
quire armed overwatch aircraft for the (5) An explanation of the anticipated mix
performed in a foreign country, or in air- of manned and unmanned aircraft, number of
United States Special Operations Command, space, in which a Special Federal Aviation
and the Department of Defense may not ac- platforms, and associated aircrew and main-
Regulation issued by the Federal Aviation tainers.
quire armed overwatch aircraft for the Administration would preclude operation of
United States Special Operations Command (6) An explanation of the extent to which
such aviation services by an air carrier or service-provided manned and unmanned air-
in fiscal year 2021. commercial operator of the United States, borne intelligence, surveillance, and recon-
(b) ANALYSIS REQUIRED.— the Secretary of Defense (or a designee of the naissance capabilities will be required in
(1) IN GENERAL.—Not later than July 1, Secretary) shall— support of United States Special Operations
2021, the Secretary of Defense, in coordina- (1) obtain approval from the Administrator Forces and how such capabilities will supple-
tion with the Assistant Secretary of Defense of the Federal Aviation Administration (or a ment and integrate with the organic capa-
for Special Operations and Low Intensity designee of the Administrator) for the air bilities possessed by United States Special
Conflict and the Commander of the United carrier or commercial operator of the United Operations Forces.
States Special Operations Command, shall States to deviate from the Special Federal (7) Any other matters deemed relevant by
conduct an analysis to define the special op- Aviation Regulation to the extent necessary the Assistant Secretary and Commander.
erations-peculiar requirements for armed to perform such aviation services; SEC. 181. REQUIREMENT TO ACCELERATE THE
overwatch aircraft and to determine whether (2) designate the aircraft of the air carrier FIELDING AND DEVELOPMENT OF
acquisition of a new special operations-pecu- or commercial operator of the United States COUNTER UNMANNED AERIAL SYS-
liar platform is the most cost effective to be State Aircraft of the United States TEMS ACROSS THE JOINT FORCE.
means of fulfilling such requirements. when performing such aviation services; or (a) PRIORITY OBJECTIVES FOR EXECUTIVE
(2) ELEMENTS.—At a minimum, the anal- (3) use organic aircraft to perform such AGENT FOR C–UAS.—The Executive Agent of
ysis of alternatives required under paragraph aviation services in lieu of aircraft of an air the Joint Counter Small Unmanned Aerial
(1) shall include— carrier or commercial operator of the United Systems (C-sUAS) Office, as designated by
(A) a description of the concept of oper- States. the Under Secretary of Defense, Acquisition
ations for employing armed overwatch air- (b) CONSTRUCTION OF DESIGNATION.—The and Sustainment, shall prioritize the fol-
craft in support of ground forces; designation of aircraft of an air carrier or lowing objectives:
(B) an identification of geographic regions commercial operator of the United States as (1) Select counter unmanned aerial sys-
in which armed overwatch aircraft could be State Aircraft of the United States under tems that can be fielded as early as fiscal
deployed; subsection (a)(2) shall have no effect on Fed- year 2021 to meet immediate operational
(C) an identification of the most likely eral Aviation Administration requirements needs in countering Group 1, 2, and 3 un-
antiaircraft threats in geographic areas for— manned aerial systems with the potential to
where armed overwatch aircraft will be de- (1) safety oversight responsibility for the expand to other larger systems.
ployed and possible countermeasures to de- operation of aircraft so designated, except (2) Devise and execute a near-term plan to
feat such threats; for those activities prohibited or restricted develop and field a select set of counter un-
(D) a defined requirement for special oper- by an applicable Special Federal Aviation manned aerial systems to meet joint force
ations-peculiar armed overwatch aircraft, in- Regulation; and requirements, beginning in fiscal year 2021.
(b) FIELDING C–UAS SYSTEMS IN FISCAL
cluding an identification of threshold and (2) any previously issued nonpremium avia-
YEAR 2021.—Pursuant to subsection (a)(1),
objective performance parameters for armed tion insurance or reinsurance policy issued
the Executive Agent shall prioritize the se-
overwatch aircraft; to the air carrier or commercial operator of
lection of counter unmanned aerial systems
(E) an analysis of alternatives comparing the United States for the duration of avia- that can be fielded in fiscal year 2021 with
various manned and unmanned aircraft in tion services performed as a State Aircraft of specific emphasis on systems that—
the current aircraft inventory of the United the United States under that subsection. (1) have undergone effective combat valida-
States Special Operations Command and a SEC. 179. F–35 AIRCRAFT MUNITIONS. tions;
new platform for meeting requirements for The Secretary of the Air Force and the (2) meet the operational demands of de-
the armed overwatch mission, including for Secretary of the Navy shall qualify and cer- ployed forces facing the most significant
each alternative considered; tify, for the use of United States forces, addi- threats, especially unmanned aerial systems
(F) an identification of any necessary air- tional munitions on the F–35 aircraft that that are not remotely piloted or are not reli-
craft modifications and the associated cost; are already qualified on NATO member F–35 ant on a command link; and
(G) the annual cost of operating and sus- partner aircraft. (3) utilize autonomous systems and proc-
taining such aircraft; SEC. 180. AIRBORNE INTELLIGENCE, SURVEIL- esses that increase operational effectiveness,
(H) an identification of any required mili- LANCE, AND RECONNAISSANCE AC- reduce the manning demands on operational
tary construction costs; QUISITION ROADMAP FOR UNITED forces, and limit the need for government-
(I) an explanation of how the acquisition of STATES SPECIAL OPERATIONS COM-
funded contractor logistics support.
a new armed overwatch aircraft would im- MAND.
(c) NEAR-TERM DEVELOPMENT PLAN.—The
pact the overall fleet of special operations- (a) IN GENERAL.—Not later than December plan for the near-term development of
peculiar aircraft and the availability of air- 1, 2021, the Assistant Secretary of Defense for counter unmanned aerial systems prioritized
crews and maintainers; Special Operations and Low-Intensity Con- under subsection (a)(2) shall ensure, at a
(J) an explanation of why existing Air flict and the Commander of the United minimum, that the development of such sys-
Force and United States Special Operations States Special Operations Command shall tems—
Command close air support and airborne in- jointly submit to the congressional defense (1) builds, as much as practicable, upon
telligence capabilities are insufficient for committees an acquisition roadmap to meet systems that were selected for fielding in fis-
the armed overwatch mission; and the manned and unmanned airborne intel- cal year 2021 and the criteria prioritized for
(K) any other matters determined relevant ligence, surveillance, and reconnaissance re- their selection, as specified in subsection (b);
by the Secretary of Defense. quirements of United States Special Oper- (2) reduces or accelerates the timeline for
ations Forces. initial operational capability and full oper-
SEC. 177. AUTONOMIC LOGISTICS INFORMATION (b) ELEMENTS.—The roadmap required
SYSTEM REDESIGN STRATEGY. ational capability;
under subsection (a) shall include, at a min- (3) utilizes a software-defined, family-of-
Not later than October 1, 2020, the Under imum, the following: systems approach that enables the flexible
Secretary of Defense for Acquisition and (1) A description of the current platform and continuous integration of different types
Sustainment, in consultation with the F–35 requirements for manned and unmanned air- of sensors and mitigation solutions based on
Program Executive Officer, shall— borne intelligence, surveillance, and recon- the different demands of particular military
(1) submit to the congressional defense naissance capabilities to support United installations and deployed forces, physical
committees a report describing a program- States Special Operations Forces. geographies, and threat profiles; and
wide process for measuring, collecting, and (2) An analysis of the remaining service (4) gives preference to commercial items,
tracking information on how the Autonomic life of existing manned and unmanned air-
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as required in section 3307 of title 41, United
Logistics Information System (ALIS) is af- borne intelligence, surveillance, and recon- States Code, when making selections of
fecting the performance of the F–35 fleet, in- naissance capabilities currently operated by counter unmanned aerial systems or compo-
cluding its effects on mission capability United States Special Operations Forces. nent parts, including a common command
rates; and (3) An identification of any current or an- and control system.
(2) implement a strategy for the redesign ticipated special operations-peculiar capa- (d) BRIEFING.—Not later than 60 days after
of ALIS, including the identification and as- bility gaps. the date of the enactment of this Act, the
sessment of goals, key risks or uncertainties, (4) A description of the future manned and Executive Agent shall brief the congres-
and costs of redesigning the system. unmanned intelligence, surveillance, and re- sional defense committees on the selection
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S4994 CONGRESSIONAL RECORD — SENATE August 5, 2020
process for counter unmanned aerial systems (3) reviewing the relevant research and en- Law 114–328; 10 U.S.C. 111 note), establish a
capabilities prioritized under paragraph (1) gineering budgets of appropriate organiza- cross-functional team for fifth-generation
of subsection (a) and the plan prioritized tions within the Department of Defense, in- wireless networking in order—
under paragraph (2) of such subsection. cluding the military services, and advising (A) to advance the adoption of commer-
(e) OVERSIGHT.—The Executive Agent the Under Secretary on— cially available next generation wireless
shall— (A) the consistency of the budgets with the communication technologies, capabilities,
(1) oversee the program management and roadmaps developed under paragraph (1); security, and applications by the Depart-
execution of all counter unmanned aerial (B) any technical and programmatic risks ment of Defense and the defense industrial
systems being developed within the military to achieving the research and technology de- base; and
departments on the day before the date of velopment goals of the National Defense (B) to support public-private partnership
the enactment of this Act; and Strategy; and between the Department and industry re-
(2) ensure that the plan prioritized under (C) projects and activities with unwanted garding fifth-generation wireless net-
subsection (a)(2) guides future programmatic or inefficient duplication, including with working.
and funding decisions for activities relating other government agencies and the commer- (2) P URPOSE .—The purpose of the cross-
to counter unmanned aerial systems, includ- cial sector, lack of appropriate coordination functional team established pursuant to
ing cancellation of such activities. with relevant organizations, or inappropriate paragraph (1) shall be the—
SEC. 182. JOINT ALL DOMAIN COMMAND AND alignment with organizational missions and (A) oversight of the implementation of the
CONTROL REQUIREMENTS. capabilities; strategy developed as required by section 254
(a) PRODUCTION OF REQUIREMENTS BY JOINT (4) coordinating research and engineering of the National Defense Authorization Act
REQUIREMENTS OVERSIGHT COUNCIL.—Not activities of the Department with appro- for Fiscal Year 2020 (Public Law 116–92) for
later than October 1, 2020, the Joint Require- priate international, interagency, and pri- harnessing fifth-generation wireless net-
ments and Oversight Council (JROC) shall vate sector organizations; and working technologies, coordinated across all
produce requirements for the Joint All Do- (5) tasking the appropriate intelligence relevant elements of the Department;
main Command and Control (JADC2) pro- agencies to develop a direct comparison be- (B) coordination of research and develop-
gram. tween the capabilities of the United States ment, implementation and acquisition ac-
(b) AIR FORCE CERTIFICATION.—Imme- and the capabilities of adversaries of the tivities, warfighting concept development,
diately after the certification of require- United States. spectrum policy, industrial policy and com-
ments produced under subsection (a), the (c) ANNUAL REPORTS.— mercial outreach and partnership relating to
Chief of Staff of the Air Force shall submit (1) IN GENERAL.—Not later than December fifth-generation wireless networking in the
to the congressional defense committees a 1, 2021, and not later than December 1 of each Department, and interagency and inter-
certification that the current JADC2 effort, year thereafter until December 1, 2025, the national engagement;
including programmatic and architecture ef- Under Secretary shall submit to the congres- (C) integration of the Department’s fifth-
forts, being led by the Air Force will meet sional defense committees a report of suc- generation wireless networking programs
the requirements laid out by the JROC. cessful examples of research and engineering and policies with major Department initia-
(c) CERTIFICATION BY OTHER SERVICES.— activities that have— tives, programs, and policies surrounding se-
Not later than January 1, 2021, the chief of (A) achieved significant technical progress; cure microelectronics and command and con-
each other military service shall submit to (B) transitioned to formal acquisition pro- trol; and
the congressional defense committees a cer- grams; (D) oversight, coordination, execution, and
tification whether that service’s efforts on (C) transitioned into operational use; or leadership of initiatives to advance fifth-gen-
multi-domain command and control are (D) transferred for further commercial de- eration wireless network technologies and
compatible with the Air Force-led JADC2 ar- velopment or commercial sales. associated applications developed for the De-
chitecture. (2) FORM.—Each report submitted under partment.
(d) BUDGETING.—The Secretary of Defense paragraph (1) shall be submitted in a pub- (d) ROLES AND RESPONSIBILITIES.—The Sec-
shall incorporate the expected costs for full licly releasable format, but may include a retary of Defense, through the cross-func-
development and implementation of the classified annex. tional team established under subsection (c),
JADC2 program across the Department in (d) COORDINATION OF RESEARCH AND ENGI- shall define the roles of the organizations
the President’s budget submission to Con- NEERING ACTIVITIES.—The Service Acquisi- within the Office of the Secretary of Defense,
gress for fiscal year 2022 under section 1105 of tion Executive for each military services and Department of Defense intelligence compo-
title 31, United States Code. the Director of the Defense Advanced Re- nents, military services, defense agencies
TITLE II—RESEARCH, DEVELOPMENT, search Projects Agency shall each identify and field activities, combatant commands,
TEST, AND EVALUATION senior officials to ensure coordination of ap- and the Joint Staff, for fifth-generation
Subtitle A—Authorization of Appropriations propriate research and engineering activities wireless networking policy and programs
with each of the senior officials designated within the Department.
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
under subsection (a). (e) BRIEFING.—Not later than March 15,
Funds are hereby authorized to be appro- 2021, the Secretary shall submit to the con-
SEC. 212. GOVERNANCE OF FIFTH-GENERATION
priated for fiscal year 2021 for the use of the WIRELESS NETWORKING IN THE DE- gressional defense committees a briefing on
Department of Defense for research, develop- PARTMENT OF DEFENSE. the establishment of the cross-functional
ment, test, and evaluation, as specified in (a) IN GENERAL.—In carrying out the re- team pursuant to subsection (c) and the roles
the funding table in section 4201. sponsibilities established in section 142 of and responsibilities defined pursuant to sub-
Subtitle B—Program Requirements, title 10, United States Code, the Chief Infor- section (d).
Restrictions, and Limitations mation Officer (CIO) of the Department of (f) RULE OF CONSTRUCTION.—
SEC. 211. DESIGNATION AND ACTIVITIES OF SEN- Defense shall— (1) IN GENERAL.—Nothing in this section
IOR OFFICIALS FOR CRITICAL TECH- (1) lead the cross-functional team estab- shall be construed as providing the Chief In-
NOLOGY AREAS SUPPORTIVE OF lished pursuant to subsection (c); and formation Officer immediate responsibility
THE NATIONAL DEFENSE STRATEGY. (2) serve as the senior designated official for the Department’s activities in fifth-gen-
(a) DESIGNATION OF SENIOR OFFICIALS.—The for fifth-generation wireless networking eration wireless networking experimentation
Under Secretary for Research and Engineer- (commonly known as ‘‘5G’’) policy, over- and science and technology development.
ing shall designate a set of senior officials to sight, guidance, research, and coordination (2) PURVIEW OF EXPERIMENTATION AND
coordinate research and engineering in such in the Department. SCIENCE AND TECHNOLOGY DEVELOPMENT.—The
technology areas as the Under Secretary (b) RESPONSIBILITIES.—The Chief Informa- activities described in paragraph (1) shall re-
considers critical for the support of the Na- tion Officer shall have, with respect to au- main within the purview of the Under Sec-
tional Defense Strategy. thorities referenced in subsection (a), the retary of Defense for Research and Engineer-
(b) DUTIES.—The duties of the senior offi- following responsibilities: ing, but shall inform and be informed by the
cials designated under subsection (a) shall (1) Proposing governance, management, activities of the cross-functional team estab-
include, within their respective technology and organizational policy for fifth-genera- lished pursuant to subsection (c).
areas— tion wireless networking to the Secretary of SEC. 213. APPLICATION OF ARTIFICIAL INTEL-
(1) developing and continuously updating Defense, in consultation with the heads of LIGENCE TO THE DEFENSE REFORM
research and technology development road- the constituent organizations of the cross- PILLAR OF THE NATIONAL DEFENSE
maps, associated funding strategies, and as- functional team established pursuant to sub- STRATEGY.
sociated technology transition strategies to section (c). (a) IDENTIFICATION OF USE CASES.—The
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ensure effective and efficient development of (2) Leading the cross-functional team es- Secretary of Defense, acting through such of-
new capabilities and operational use of ap- tablished pursuant to subsection (c). ficers and employees of the Department of
propriate technologies; (c) CROSS-FUNCTIONAL TEAM FOR FIFTH-GEN- Defense as the Secretary considers appro-
(2) annual assessments of workforce, infra- ERATION WIRELESS NETWORKING.— priate, including the chief data officers and
structure, and industrial base capabilities (1) ESTABLISHMENT REQUIRED.—The Sec- chief management officers of the military
and capacity to support the roadmaps devel- retary of Defense shall, in accordance with departments, shall identify a set of no fewer
oped under paragraph (1) and the goals of the section 911(c) of the National Defense Au- than five use cases of the application of ex-
National Defense Strategy; thorization Act for Fiscal Year 2017 (Public isting artificial intelligence enabled systems
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4995
to support improved management of enter- SEC. 216. PROGRAM OF PART-TIME AND TERM (B) The laboratories employing such fac-
prise acquisition, personnel, audit, or finan- EMPLOYMENT AT DEPARTMENT OF ulty and students.
DEFENSE SCIENCE AND TECH-
cial management functions, or other appro- (C) The types of research conducted or to
NOLOGY REINVENTION LABORA-
priate management functions, that are con- TORIES OF FACULTY AND STUDENTS be conducted by such faculty or students.
sistent with reform efforts that support the FROM INSTITUTIONS OF HIGHER (3) CONTENTS OF SUBSEQUENT REPORTS.—
National Defense Strategy. EDUCATION. Each report submitted under paragraph (1)
(b) PROTOTYPING ACTIVITIES ALIGNED TO (a) PROGRAM REQUIRED.—Not later than 180 after the first report shall address, at a min-
USE CASES.—The Secretary, acting through days after the date of the enactment of this imum, the following:
the Under Secretary of Defense for Research Act, the Secretary of Defense shall establish (A) The matters set forth in subparagraphs
and Engineering and in coordination with a program to provide part-time or term em- (A) through (C) of paragraph (2).
the Director of the Joint Artificial Intel- ployment in Department of Defense science (B) The number of interns and recent col-
ligence Center and such other officers and and technology reinvention laboratories lege graduates hired pursuant to referrals
for— under subsection (d)(3).
employees as the Secretary considers appro-
(1) faculty of institutions of higher edu- (C) The results of research conducted under
priate, shall pilot technology development
cation who have expertise in science, tech- the program.
and prototyping activities that leverage
nology, engineering, or mathematics to con- (f) DEPARTMENT OF DEFENSE SCIENCE AND
commercially available technologies and
duct research projects in such laboratories; TECHNOLOGY REINVENTION LABORATORY DE-
systems to demonstrate new artificial intel-
and FINED.—In this section, the term ‘‘Depart-
ligence enabled capabilities to support the
(2) students at such institutions to assist ment of Defense science and technology re-
use cases identified under subsection (a). invention laboratory’’ means the entities
such faculty in conducting such research
(c) BRIEFING.—Not later than October 1, projects. designated by section 1105(a) of the National
2021, the Secretary shall provide to the con- (b) NUMBER OF POSITIONS.— Defense Authorization Act for Fiscal Year
gressional defense committees a briefing (1) IN GENERAL.—Not later than one year 2010 (Public Law 111–84; 10 U.S.C. 2358 note).
summarizing the activities carried out under after the date of the commencement of the SEC. 217. IMPROVEMENTS TO TECHNOLOGY AND
this section. program established under subsection (a), NATIONAL SECURITY FELLOWSHIP
the Secretary shall, under such program, es- OF DEPARTMENT OF DEFENSE.
SEC. 214. EXTENSION OF AUTHORITIES TO EN- (a) MODIFICATION REGARDING BASIC PAY.—
HANCE INNOVATION AT DEPART- tablish at least 10 positions of employment
described in such subsection for faculty de- Subsection (a)(4)(A) of section 235 of the Na-
MENT OF DEFENSE LABORATORIES.
scribed in paragraph (1) of such subsection. tional Defense Authorization Act for Fiscal
(a) EXTENSION OF PILOT PROGRAM FOR THE (2) ARTIFICIAL INTELLIGENCE AND MACHINE Year 2020 (Public Law 116–92) is amended—
ENHANCEMENT OF THE RESEARCH, DEVELOP- LEARNING.—Of the positions established (1) by striking ‘‘equivalent to’’ and insert-
MENT, TEST, AND EVALUATION CENTERS OF THE under paragraph (1), at least five of such po- ing ‘‘not less than’’; and
DEPARTMENT OF DEFENSE.—Section 233(e) of sitions shall be for faculty conducting re- (2) by inserting ‘‘and not more than the
the National Defense Authorization Act for search in the area of artificial intelligence rate of basic pay payable for a position at
Fiscal Year 2017 (Public Law 114–328; 10 and machine learning. level 15 of such schedule’’ before the semi-
U.S.C. 2358 note) is amended by striking (c) SELECTION.—The Secretary, acting colon.
‘‘September 30, 2022’’ and inserting ‘‘Sep- through the directors of the laboratories de- (b) BACKGROUND CHECKS.—Subsection (b) of
tember 30, 2025’’. scribed in subsection (a), shall select faculty such section is amended by adding at the end
described in paragraph (1) of such subsection the following new paragraph:
(b) EXTENSION OF PILOT PROGRAM TO IM- ‘‘(3) BACKGROUND CHECK REQUIREMENT.—No
PROVE INCENTIVES FOR TECHNOLOGY TRANS- for participation in the program established
under such subsection on the basis of— individual may participate in the fellows
FER FROM DEPARTMENT OF DEFENSE LABORA-
(1) the academic credentials and research program without first undergoing a back-
TORIES.—Subsection (e) of section 233 of the
experience of the faculty; ground check that the Secretary considers
National Defense Authorization Act for Fis- appropriate for participation in the fellows
cal Year 2018 (Public Law 115–91; 10 U.S.C. (2) the potential contribution to Depart-
ment objectives by the research that will be program.’’.
2514 note) is amended to read as follows:
conducted by the faculty under the program; SEC. 218. DEPARTMENT OF DEFENSE RESEARCH,
‘‘(e) SUNSET.—The pilot program under this and DEVELOPMENT, AND DEPLOYMENT
section shall terminate on September 30, OF TECHNOLOGY TO SUPPORT
(3) the qualifications of any students who WATER SUSTAINMENT.
2025.’’. will be assisting the faculty in such research
(a) IN GENERAL.—The Secretary of Defense
SEC. 215. UPDATES TO DEFENSE QUANTUM IN- and the role and credentials of such stu- shall research, develop, and deploy advanced
FORMATION SCIENCE AND TECH- dents. technologies that support water sustainment
NOLOGY RESEARCH AND DEVELOP- (d) AUTHORITIES.—In carrying out the pro-
with technologies that capture ambient hu-
MENT PROGRAM. gram established under subsection (a), the
midity and harvest, recycle, and reuse water.
Secretary and the directors of the labora- (b) GOAL.—Under subsection (a), the Sec-
Section 234 of the John S. McCain National
tories described in such subsection may— retary shall seek to develop water systems
Defense Authorization Act for Fiscal year
(1) use any hiring authority available to that reduce weight and logistics support and
2019 (Public Law 115–232; 10 U.S.C. 2358 note),
the Secretary or the directors, including any transition such advanced technologies for
as amended by section 220 of the National
authority available under a laboratory dem- use by expeditionary forces by January 1,
Defense Authorization Act for Fiscal Year
onstration program, direct hiring authority 2025.
2020 (Public Law 116–92), is further amend-
under section 1599h of title 10, United States (c) MODULAR PLATFORMS.—In carrying out
ed—
Code, and expert hiring authority under sec- subsection (a), the Secretary shall develop
(1) by redesignating subsection (e) as sub-
tion 3109 of title 5, United States Code; the following:
section (f); and
(2) utilize cooperative research and devel- (1) Modular platforms that are easily
(2) by inserting after subsection (d) the fol-
opment agreements under section 12 of the transportable.
lowing new subsection (e):
Stevenson-Wydler Technology Innovation (2) Trailer mounted systems that will re-
‘‘(e) USE OF QUANTUM COMPUTING CAPABILI- Act of 1980 (15 U.S.C. 3710a) to enable sharing duce resupply.
TIES.—The Secretary of each military de- of research and expertise with institutions of (3) Storage requirements at forward oper-
partment shall— higher education and the private sector; and ating bases.
‘‘(1) develop and annually update a list of (3) provide referral bonuses to program (d) PARTNERSHIPS AND EXISTING TECH-
technical problems and research challenges participants who identify students to assist NIQUES AND TECHNOLOGIES.—In carrying out
which are likely to be addressable by quan- in a research project under the program or to subsection (a), the Secretary shall seek—
tum computers available for use within in participate in laboratory internship pro- (1) to enter into partnerships with foreign
the next one to three years, with a priority grams and the Pathways Internship Pro- militaries and organizations that have prov-
for technical problems and challenges where gram. en they have the ability to operate in water
quantum computing systems have perform- (e) ANNUAL REPORTS.— constrained areas;
ance advantages over traditional computing (1) IN GENERAL.—Not later than one year (2) to leverage existing techniques and
systems, in order to enhance the capabilities after the date of the enactment of this Act technologies; and
of such quantum computers and support the and not less frequently than once each year (3) to apply such techniques and tech-
addressing of relevant technical problems thereafter until the date that is three years nologies to military operations carried out
and research challenges; and after the date of the enactment of this Act,
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by the United States.
‘‘(2) establish programs and enter into the Secretary shall submit to Congress a re- (e) COMMERCIAL OFF-THE-SHELF TECH-
agreements with appropriate medium and port on the program established under sub- NOLOGIES.—In carrying out subsection (a), in
small businesses with functional quantum section (a). addition to technology described in such sub-
computing capabilities to provide such pri- (2) CONTENTS OF FIRST REPORT.—The first section, the Secretary shall consider using
vate sector capabilities to government, in- report submitted under paragraph (1) shall commercial off-the-shelf technologies for
dustry, and academic researchers working on address, at a minimum, the following: cost savings and near ready deployment
relevant technical problems and research ac- (A) The number of faculty and students technologies to enable warfighters to be
tivities.’’. employed under the program. more self-sufficient.
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S4996 CONGRESSIONAL RECORD — SENATE August 5, 2020
(f) CROSS FUNCTIONAL TEAMS.—In carrying shall conduct an assessment and direct com- (A) A list of the ‘‘talent programs’’ used by
out subsection (a), the Secretary shall estab- parison of capabilities in emerging biotech- China and a list of the incentive programs
lish cross functional teams to determine re- nologies for national security purposes, in- used by the United States to recruit and re-
gions where deployment of water harvesting cluding applications in material, manufac- tain relevant researchers.
technologies could reduce conflict and poten- turing, and health, between the capabilities (B) The types of researchers, scientists,
tially eliminate the need for the presence of of the United States and the capabilities of other technical experts, and fields targeted
the Armed Forces. adversaries of the United States. by each talent program listed under subpara-
SEC. 219.DEVELOPMENT AND TESTING OF (2) ELEMENTS.—The assessment and com- graph (A).
HYPERSONIC CAPABILITIES. parison carried out under paragraph (1) shall (C) The number of researchers in academia,
(a) SENSE OF CONGRESS ON HYPERSONIC CA- include the following: the Department of Defense Science and
PABILITIES.—It is the sense of Congress that (A) An evaluation of the quantity, quality, Technology Reinvention Laboratories, and
development of hypersonic capabilities is a and progress of United States fundamental national security science and engineering
key element of the National Defense Strat- and applied research for emerging bio- programs of the National Nuclear Security
egy. technology initiatives for national security Administration targeted by the talent pro-
(b) IMPROVING GROUND-BASED TEST FACILI- purposes. grams listed under subparagraph (A).
TIES.—The Secretary of Defense shall take (B) An assessment of the resourcing of (D) The number of personnel currently par-
such actions as may be necessary to improve United States efforts to harness emerging ticipating in the talent programs listed
ground-based test facilities for the develop- biotechnology capabilities for national secu- under subparagraph (A) and the number of
ment of hypersonic capabilities, such as im- rity purposes, including the supporting fa- researchers currently participating in the in-
proving wind tunnels. cilities, test infrastructure, and workforce. centive programs listed under such subpara-
(c) INCREASING FLIGHT TEST RATE.—The (C) An intelligence assessment of adver- graph.
Secretary shall increase the flight test rate sary emerging biotechnology capabilities (E) The incentives offered by each of the
to expedite the maturation and fielding of and research as well as an assessment of ad- talent programs listed under subparagraph
hypersonic technologies. versary intent and willingness to use emerg- (A) and a description of the incentives of-
(d) STRATEGY AND PLAN.— ing biotechnologies for national security fered through incentive programs under such
(1) IN GENERAL.—Not later than December purposes. subparagraph to recruit and retain research-
30, 2020, the Under Secretary of Defense for (D) An assessment of the analytic and ers, scientists, and other technical experts.
Research and Engineering, in consultation operational subject matter expertise nec- (F) A characterization of the national se-
with the Chief of Staff of the Air Force, shall essary to assess rapidly-evolving foreign curity, economic, and scientific benefits
submit to the congressional defense commit- military developments in biotechnology, and China gains through the talent programs
tees an executable strategy and plan to field the current state of the workforce in the in- listed under subparagraph (A) and a descrip-
air-launched and air-breathing hypersonic telligence community tion of similar gains accrued to the United
weapons capability before the date that is (E) Recommendations to improve and ac- States through incentive programs listed
three years after the date of the enactment celerate United States capabilities in emerg- under such subparagraph.
of this Act. ing biotechnologies and the associated intel- (G) A list of findings and recommendations
(2) TESTING AND INFRASTRUCTURE.—The ligence community expertise.
relating to policies that can be implemented
strategy and plan submitted under para- (F) Such other matters as the Secretary
by the United States, especially the Depart-
graph (1) shall cover required investments in considers appropriate.
(b) REPORT.— ment of Defense, to improve the relative ef-
testing and infrastructure to address the fectiveness of United States activities to re-
(1) IN GENERAL.—Not later than February 1,
need for both flight and ground testing. cruit and retain researchers, scientists, and
2021, the Secretary shall submit to the con-
SEC. 220. DISCLOSURE REQUIREMENTS FOR RE-
gressional defense committees a report on other technical experts relative to China.
CIPIENTS OF DEPARTMENT OF DE- (c) REPORT.—
FENSE RESEARCH AND DEVELOP- the assessment carried out under subsection
(a). (1) IN GENERAL.—Not later than one year
MENT GRANTS. after the date of the execution of an agree-
(a) DISCLOSURE REQUIREMENTS.— (2) FORM.—The report submitted under
paragraph (1) shall be submitted in the fol- ment under subsection (a), the National
(1) IN GENERAL.—Chapter 139 of title 10, Academies of Sciences, Engineering, and
United States Code, is amended by adding at lowing formats—
(A) unclassified form, which may include a Medicine shall submit to the congressional
the end the following new section: defense committees a report on the findings
classified annex; and
‘‘§ 2374b. Disclosure requirements for recipi- National Academies of Sciences, Engineer-
(B) publically releasable form, rep-
ents of research and development grants ing, and Medicine with respect to the review
resenting appropriate information from the
‘‘An individual or entity (including a State report under subparagraph (A). carried out under this section and the rec-
or local government) that receives Depart- (c) DEFINITION OF INTELLIGENCE COMMU- ommendations developed under this section.
ment of Defense grant funds for research and NITY.—In this subsection, the term ‘‘intel- (2) FORM.—The report submitted under
development shall clearly state in any state- ligence community’’ has the meaning given paragraph (1) shall be submitted in a pub-
ment, press release, or other document de- such term in section 3 of the National Secu- licly releasable and unclassified formats, but
scribing the program, project, or activity rity Act of 1947 (50 U.S.C. 3003). may include a classified annex.
funded through such grant funds, other than SEC. 232. INDEPENDENT COMPARATIVE ANAL- SEC. 233.
DEPARTMENT OF DEFENSE DEM-
a communication containing not more than YSIS OF EFFORTS BY CHINA AND ONSTRATION OF VIRTUALIZED
280 characters, the dollar amount of Depart- THE UNITED STATES TO RECRUIT RADIO ACCESS NETWORK AND MAS-
AND RETAIN RESEARCHERS IN NA- SIVE MULTIPLE INPUT MULTIPLE
ment grant funds made available for the pro-
TIONAL SECURITY-RELATED FIELDS. OUTPUT RADIO ARRAYS FOR FIFTH
gram, project, or activity.’’. GENERATION WIRELESS NET-
(a) AGREEMENT.—
(2) CLERICAL AMENDMENT.—The table of WORKING.
(1) IN GENERAL.—The Secretary of Defense
sections at the beginning of chapter 139 of (a) DEMONSTRATION REQUIRED.—The Sec-
shall seek to enter into an agreement with
such title is amended by adding at the end retary of Defense shall carry out a dem-
the National Academies of Sciences, Engi-
the following new item: onstration to demonstrate the maturity, per-
neering, and Medicine for the National Acad-
‘‘2374b. Disclosure requirements for recipi- emies of Sciences, Engineering, and Medicine formance, and cost of covered technologies
ents of research and develop- to perform the services covered by this sec- in order to provide additional options for
ment grants.’’. tion. providers of fifth-generation (5G) wireless
(b) EFFECTIVE DATE.—The amendments (2) TIMING.—The Secretary shall seek to networking services.
made by subsection (a) shall take effect on enter into the agreement described in para- (b) COVERED TECHNOLOGIES.—For purposes
October 1, 2021, and shall apply with respect graph (1) not later than 60 days after the of this section, a covered technology is—
to grants for research and development that date of the enactment of this Act. (1) a disaggregated or virtualized radio ac-
are awarded by the Department of Defense (b) REVIEW.— cess network and core where components can
on or after that date. (1) IN GENERAL.—Under an agreement be- be provided by different vendors and inter-
Subtitle C—Plans, Reports, and Other tween the Secretary and the National Acad- operate through open protocols and inter-
Matters emies of Sciences, Engineering, and Medicine faces; and
SEC. 231. ASSESSMENT ON UNITED STATES NA- under this section, the National Academies (2) one or more massive multiple input and
TIONAL SECURITY EMERGING BIO- of Sciences, Engineering, and Medicine shall multiple output radio arrays provided by
carry out a comparative analysis of efforts United States companies that have the po-
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TECHNOLOGY EFFORTS AND CAPA-
BILITIES AND COMPARISON WITH by China and the United States Government tential to compete favorably with radios pro-
ADVERSARIES. to recruit and retain domestic and foreign duced by foreign companies in terms of cost,
(a) ASSESSMENT AND COMPARISON RE- researchers and develop recommendations performance, and efficiency.
QUIRED.— for the Department of Defense. (c) LOCATION.—The Secretary shall carry
(1) IN GENERAL.—The Secretary of Defense, (2) ELEMENTS.—The comparative analysis out the demonstration under subsection (a)
acting through the Under Secretary of De- carried out under paragraph (1) and the rec- at at least one site where the Secretary of
fense for Research and Engineering and the ommendations developed under such para- Defense plans to deploy a fifth-generation
Under Secretary of Defense for Intelligence, graph shall include the following: wireless network.
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4997
(d) COORDINATION.—The Secretary shall licly releasable and unclassified formats, but fied form, but may include a classified
carry out the demonstration under sub- may include a classified annex. annex.
section (a) in coordination with at least one SEC. 235. REPORT ON MICRO NUCLEAR REACTOR (e) DEFINITIONS.—In this section:
major United States wireless network serv- PROGRAMS. (1) The term ‘‘appropriate congressional
ice provider. (a) REPORT REQUIRED.—The Secretary of committees’’ means—
SEC. 234. INDEPENDENT TECHNICAL REVIEW OF Defense shall submit to the appropriate con- (A) the Committee on Armed Services, the
FEDERAL COMMUNICATIONS COM- gressional committees a report on the micro Committee on Appropriations, the Com-
MISSION ORDER 20–48. nuclear reactor programs of the Department mittee on Energy and Natural Resources, the
(a) AGREEMENT.— of Defense. Committee on Environment and Public
(1) IN GENERAL.—The Secretary of Defense (b) CONTENTS.—The report required by sub-
Works, and the Committee on Foreign Rela-
shall seek to enter into an agreement with section (a) shall include the following:
tions of the Senate; and
the National Academies of Sciences, Engi- (1) Potential operational uses on United
(B) the Committee on Armed Services, the
neering, and Medicine for the National Acad- States and non-United States territory, in-
Committee on Appropriations, the Com-
emies of Sciences, Engineering, and Medicine cluding both mobile and fixed systems.
to perform the services covered by this sec- mittee on Energy and Commerce, the Com-
(2) Cost and schedule estimates for each
tion. mittee on Natural Resources, and the Com-
new or ongoing program to reach initial
(2) TIMING.—The Secretary shall seek to mittee on Foreign Affairs of the House of
operational capability, including the
enter into the agreement described in para- Representatives.
timeline for transition of any program cur-
graph (1) not later than 30 days after the (2) The term ‘‘micro nuclear
rently funded using defense-wide funds to
date of the enactment of this Act. reactor’’means a nuclear reactor with a pro-
one or more military services and the identi-
(b) INDEPENDENT TECHNICAL REVIEW.— duction capacity of less than 20 megawatts.
fied transition partner in such military serv-
(1) IN GENERAL.—Under an agreement be- ices. SEC. 236. MODIFICATION TO TEST RESOURCE
tween the Secretary and the National Acad- MANAGEMENT CENTER STRATEGIC
(3) In consultation with the Assistant Sec-
emies of Sciences, Engineering, and Medicine PLAN REPORTING CYCLE AND CON-
retary of Defense for Nuclear, Chemical, and TENTS.
under subsection (a), the National Academies Biological Defense programs, an assessment
of Sciences, Engineering, and Medicine shall of physical security requirements for use of (a) QUADRENNIAL STRATEGIC PLAN.—Sec-
carry out an independent technical review of such reactors on domestic military installa- tion 196 of title 10, United States Code, is
the Order and Authorization adopted by the tions and non-United States nondomestic in- amended—
Federal Communications Commission on stallations or locations, including fully per- (1) in subsections (c)(1)(C) and (e)(2)(B), by
April 19, 2020 (FCC 20–48), to the extent that missive, semi-permissive, and remote envi- inserting ‘‘quadrennial’’ before ‘‘strategic
such order and authorization affects the de- ronments, including a preliminary design plan’’; and
vices, operations, or activities of the Depart- basis threat analysis. (2) in subsection (d)—
ment of Defense. (4) In coordination with the Secretary of (A) in the heading, by inserting ‘‘QUADREN-
(2) ELEMENTS.—The independent technical State— NIAL’’ before ‘‘STRATEGIC PLAN’’; and
review carried out under paragraph (1) shall (A) an assessment of any agreements or (B) by inserting ‘‘quadrennial’’ before
include the following: changes to agreements that would be re- ‘‘strategic plan’’ each place it occurs.
(A) Comparison of the two different ap- quired for use of such reactors on non-United (b) TIMING AND COVERAGE OF PLAN.—Sub-
proaches on which the Commission relied for States territory; section (d)(1) of such section, as amended by
the order and authorized described in para- (B) an assessment of applicability of for- subsection (a)(2), is further amended—
graph (1) to evaluate the potential harmful eign regulations or International Atomic En- (1) in the first sentence, by striking ‘‘two
interference concerns relating to Global Po- ergy Agency safeguards for use on non- fiscal years’’ and inserting ‘‘four fiscal years,
sitioning System devices, with a rec- United States territory; and and within one year after release of the Na-
ommendation on which method most effec- (C) other policy implications of deploy- tional Defense Strategy,’’ ; and
tively mitigates risks of harmful inter- ment of such systems on non-United States (2) in the second sentence, by striking
ference with Global Positioning System de- territory. ‘‘thirty fiscal years’’ and inserting ‘‘15 fiscal
vices of the Department, or relating to or (5) In coordination with the Chairman of years’’.
with the potential to affect the operations the Nuclear Regulatory Commission, a sum- (c) AMENDMENT TO CONTENTS OF PLAN.—
and activities of the Department. mary of licensing requirements for operation Subsection (d)(2) of such section, as amended
(B) Assessment of the potential for harm- of such systems on United States territory. by subsection (a)(2), is further amended—
ful interference to mobile satellite services, (6) A summary of requirements pursuant to (1) by striking subparagraph (B);
including commercial services and Global the National Environmental Policy Act of (2) by redesignating subparagraphs (C)
Positioning System services of the Depart- 1969 (42 U.S.C. 4321 et seq.) for development through (G) as subparagraphs (B) through
ment, or relating to or with the potential to and operation on United States territory. (F), respectively; and
affect the operations and activities of the (7) In consultation with the General Coun- (3) in subparagraph (B), as redesignated by
Department. sel of the Department of Defense, an assess- paragraph (2), by striking ‘‘based on cur-
(C) Review of the feasibility, practicality, ment of any issues relating to indemnifica- rent’’ and all that follows through the end
and effectiveness of the proposed mitigation tion for operation on United States or non- and inserting ‘‘for test and evaluation of the
measures relating to, or with the potential United States territory and any other rel- Department of Defense major weapon sys-
to affect, the devices, operations, or activi- evant legal matters. tems based on current and emerging
ties of the Department. (8) In coordination with the Secretary of threats.’’.
(D) Development of recommendations asso- State and the Secretary of Energy, a deter- (d) ANNUAL UPDATE TO PLAN.—Subsection
ciated with the findings of the National mination of whether development, produc- (d) of such section is amended by adding at
Academies of Sciences, Engineering, and tion, and deployment of such systems would the end the following new paragraph:
Medicine in carrying out the independent require unobligated enriched uranium fuel.
technical review. ‘‘(5)(A) In addition to the quadrennial stra-
(9) If the determination in paragraph (8) is tegic plan completed under paragraph (1),
(E) Such other matters as the National that unobligated fuel would be required, in
Academies of Sciences, Engineering, and the Director of the Department of Defense
coordination with the Administrator for Nu- Test Resource Management Center shall also
Medicine determines relevant. clear Security, an assessment of the avail-
(c) REPORT.— complete an annual update to the quadren-
ability of such unobligated enriched uranium nial strategic plan.
(1) IN GENERAL.—Under an agreement be-
fuel, by year, for the estimated life of the ‘‘(B) Each annual update completed under
tween the Secretary and the National Acad-
program, considered with other United subparagraph (A) shall include the following:
emies of Sciences, Engineering, and Medicine
States Government demands for such fuel, ‘‘(i) A summary of changes to the assess-
under subsection (a), the National Academies
including tritium production, naval nuclear ment provided in the most recent quadren-
of Sciences, Engineering, and Medicine shall,
propulsion, and medical isotope production. nial strategic plan.
not later than nine months after the date of
(10) Any other considerations the Sec- ‘‘(ii) Comments and recommendations the
the execution of such agreement, the Na-
retary determines relevant. Director considers appropriate.
tional Academies of Sciences, Engineering, (c) CONSULTATION.—In addition to con-
and Medicine shall submit to the Committee ‘‘(iii) Test and evaluation challenges raised
sultation and coordination required under
on Armed Services of the Senate and the since the completion of the most recent
subsection (b), the Secretary shall, in pro-
Committee on Armed Services of the House quadrennial strategic plan.
SSpencer on DSK126QN23PROD with SENATE
ducing the report required by subsection (a),
of Representatives a report on the findings of consult with the Secretary of the Army, the ‘‘(iv) Actions taken or planned to address
the National Academies of Sciences, Engi- Chairman of the Joint Chiefs of Staff, the such challenges.’’.
neering, and Medicine with respect to the Under Secretary of Defense for Policy, the (e) TECHNICAL CORRECTION.—Subsection
independent technical review carried out Director of Naval Nuclear Propulsion, and (d)(1) of such, as amended by subsections
under subsection (b) and the recommenda- such other officials as the Secretary con- (a)(2) and (b), is further amended by striking
tions developed pursuant to such review. siders necessary. ‘‘Test Resources Management Center’’ and
(2) FORM.—The report submitted under (d) FORM.—The report submitted under inserting ‘‘Test Resource Management Cen-
paragraph (1) shall be submitted in a pub- subsection (a) shall be submitted in unclassi- ter’’.
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S4998 CONGRESSIONAL RECORD — SENATE August 5, 2020
SEC. 237. LIMITATION ON CONTRACT AWARDS Secretary of the Air Force shall submit to SEC. 242. ELEMENT IN ANNUAL REPORTS ON
FOR CERTAIN UNMANNED VESSELS. the congressional defense committees the CYBER SCIENCE AND TECHNOLOGY
(a) LIMITATION.—None of the funds author- ACTIVITIES ON WORK WITH ACA-
following documentation relating to the Ad-
ized to be appropriated for fiscal year 2021 by DEMIC CONSORTIA ON HIGH PRI-
vanced Battle Management System: ORITY CYBERSECURITY RESEARCH
section 201 for research, development, test, (1) A list that identifies each program, ACTIVITIES IN DEPARTMENT OF DE-
and evaluation may be used for the award of project, and activity that contributes to the FENSE CAPABILITIES.
a contract for a covered vessel until the date architecture of the Advanced Battle Manage- Section 257(b)(2) of the National Defense
that is 30 days after the date on which the ment System. Authorization Act for Fiscal Year 2020 (Pub-
Under Secretary of Defense for Research and (2) The final analysis of alternatives for lic Law 116–92; 133 Sta. 1291) is amended by
Engineering submits to the congressional de- the Advanced Battle Management System. adding at end the following new subpara-
fense committees a report and certification graph:
(3) The requirements for the networked
described in subsection (c) for such contract ‘‘(J) Efforts to work with academic con-
data architecture necessary for the Ad-
and covered vessel. sortia on high priority cybersecurity re-
(b) COVERED VESSELS.—For purposes of this vanced Battle Management System to pro-
vide multidomain command and control and search activities.’’.
section, a covered vessel is one of the fol-
lowing: battle management capabilities and a devel- TITLE III—OPERATION AND
(1) A large unmanned surface vessel opment schedule for such architecture. MAINTENANCE
(LUSV). (b) LIMITATION.—Of the funds authorized to Subtitle A—Authorization of Appropriations
(2) A medium unmanned surface vehicle be appropriated by this Act for fiscal year SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
(MUSV). 2021 for operations and maintenance for the Funds are hereby authorized to be appro-
(3) A large displacement unmanned under- Office of the Secretary of the Air Force, not priated for fiscal year 2021 for the use of the
sea vehicle (LDUUV). more than 25 percent may be obligated until Armed Forces and other activities and agen-
(4) An extra-large unmanned undersea ve- the date that is 30 days after the date on cies of the Department of Defense for ex-
hicle (XLUUV). which the Secretary of the Air Force sub- penses, not otherwise provided for, for oper-
(c) REPORT AND CERTIFICATION DE- mits to the congressional defense commit- ation and maintenance, as specified in the
SCRIBED.—A report and certification de- tees the documentation required by sub- funding table in section 4301.
scribed in this subsection regarding a con- section (a) and the Vice Chairman of the Subtitle B—Energy and Environment
tract for a covered vessel is— Vice Chairman of the Joint Chiefs certifies SEC. 311. MODIFICATIONS AND TECHNICAL COR-
(1) a report— the documentation. RECTIONS TO ENSURE RESTORA-
(A) submitted to the congressional defense TION OF CONTAMINATION BY
(c) ADVANCED BATTLE MANAGEMENT SYS-
committees not later than 60 days after the PERFLUOROOCTANE SULFONATE
TEM.—In this section, the term ‘‘Advanced
date of the completion of an independent AND PERFLUOROOCTANOIC ACID.
Battle Management System’’ means the Ad-
technical risk assessment for such covered (a) DEFINITION FOR PFOA AND PFOS.—Sec-
vanced Battle Management System of Sys-
vessel; and tion 2700 of title 10, United States Code, is
tems capability of the Air Force, including
(B) on the findings of the Under Secretary amended by adding at the end the following
each program, project, and activity that con-
with respect to such assessment; and new paragraphs:
tributes to such capability. ‘‘(4) The term ‘perfluorooctane sulfonate’
(2) a certification, submitted to the con-
gressional defense committees with the re- SEC. 239. ARMED SERVICES VOCATIONAL APTI- means perfluorooctane sulfonic acid or
port described in paragraph (1), that certifies TUDE BATTERY TEST SPECIAL PUR- sulfonate (commonly referred to as ‘PFOS’)
that— POSE ADJUNCT TO ADDRESS COM- (Chemical Abstracts Service No. 1763–23–1)
PUTATIONAL THINKING.
(A) the Under Secretary has determined, in and the salts associated with
conjunction with the Senior Technical Au- Not later than one year after the date of perfluorooctane sulfonic acid or sulfonate
thority designated under section 8669b(a)(1) the enactment of this Act, the Secretary of (Chemical Abstracts Service Nos. 2795–39–3,
of title 10, United States Code, for the class Defense shall establish a special purpose test 29457–72–5, 56773–42–3, 29081–56–9, and 70225–14–
of naval vessels that includes the covered adjunct to the Armed Services Vocational 8).
vessel, that the critical mission, hull, me- Aptitude Battery test to address computa- ‘‘(5) The term ‘perfluorooctanoic acid’
chanical, and electrical subsystems of the tional thinking skills relevant to military means perfluorooctanoic acid (commonly re-
covered vessel— applications, including problem decomposi- ferred to as ‘PFOA’) (Chemical Abstracts
(i) have been demonstrated in vessel-rep- tion, abstraction, pattern recognition, ana- Service No. 335–67–1) and the salts associated
resentative form, fit, and function; and lytical ability, the identification of variables with perfluorooctanoic acid (Chemical Ab-
(ii) have achieved performance levels equal involved in data representation, and the abil- stracts Service Nos. 3825–26–1, 335–95–5, and
to or greater than applicable Department of ity to create algorithms and solution expres- 68141–02–6).’’.
Defense threshold requirements for such sions. (b) MODIFICATION OF ENVIRONMENTAL RES-
class of vessels; and TORATION ACCOUNTS.—Section 2703 of such
SEC. 240. REPORT ON USE OF TESTING FACILI-
(B) such contract is necessary to meet De- title is amended—
TIES TO RESEARCH AND DEVELOP
partment research, development, test, and HYPERSONIC TECHNOLOGY. (1) in subsection (e)(2), by striking ‘‘envi-
evaluation objectives for such covered vessel ronmental’’;
that cannot otherwise be met through fur- Not later than 180 days after the date of (2) in subsection (f), by striking ‘‘to the
ther land-based subsystem prototyping or the enactment of this Act, the Secretary of Environmental Restoration Account, De-
other demonstration approaches. Defense shall submit to the congressional de- fense, or to any environmental restoration
(d) CRITICAL MISSION, HULL, MECHANICAL, fense committees a report on the costs and account of a military department,’’ and in-
AND ELECTRICAL SUBSYSTEMS DEFINED.—In benefits of the use and potential refurbish- serting ‘‘or transferred to an account estab-
this section, the term ‘‘critical mission, hull, ment of existing operating and mothballed lished under subsection (a)’’;
mechanical, and electrical subsystems’’, Federal research and testing facilities to (3) by striking subsection (g) and inserting
with respect to a covered vessel, includes the support hypersonics activities of the Depart- the following:
following subsystems: ment of Defense. ‘‘(g) SOLE SOURCE OF FUNDS FOR RESPONSES
(1) Command, control, communications, SEC. 241. STUDY AND PLAN ON THE USE OF ADDI- UNDER THIS CHAPTER.—Except as provided in
computers, intelligence, surveillance, and re- TIVE MANUFACTURING AND THREE- subsection (h), the sole source of funds for all
connaissance. DIMENSIONAL BIOPRINTING IN SUP- phases of a response under this chapter shall
(2) Autonomous vessel navigation, vessel PORT OF THE WARFIGHTER. be the applicable environmental restoration
control, contact management, and contact (a) STUDY.—The Secretary of Defense shall account established under subsection (a).’’;
avoidance. conduct a study on the use of additive manu- and
(3) Communications security, including facturing and three-dimensional bioprinting (4) in subsection (h)—
cryptopgraphy, encryption, and decryption. across the Military Health System. (A) in the subsection heading, by striking
(4) Main engines, including the lube oil, ‘‘ENVIRONMENTAL REMEDIATION’’ and insert-
(b) ELEMENTS.—The study required by sub- ing ‘‘RESPONSES’’; and
fuel oil, and other supporting systems.
section (a) shall examine the activities cur- (B) by striking ‘‘services procured under
(5) Electrical generation and distribution,
rently underway by each of the military section 2701(d)(1) of this title’’ and inserting
including supporting systems.
services and the Department agencies, in- ‘‘a response’’.
(6) Military payloads.
cluding costs, sources of funding, oversight, (c) MODIFICATION OF AUTHORITY FOR ENVI-
(7) Any other subsystem identified as crit-
collaboration, and outcomes. RONMENTAL RESTORATION PROJECTS OF NA-
SSpencer on DSK126QN23PROD with SENATE
ical by the Senior Technical Authority des-
ignated under section 8669b(a)(1) of title 10, (c) REPORT.—Not later than 180 days after TIONAL GUARD.—
United States Code, for the class of naval the date of the enactment of this Act, the (1) IN GENERAL.—Section 2707(e) of such
vessels that includes the covered vessel. Secretary of Defense shall submit to the title is amended—
SEC. 238. DOCUMENTATION RELATING TO THE Committee on Armed Services of the Senate (A) by striking ‘‘Notwithstanding’’ and in-
ADVANCED BATTLE MANAGEMENT and the Committee on Armed Services of the serting ‘‘(1) Notwithstanding’’;
SYSTEM. House of Representatives a report on the re- (B) by inserting ‘‘where military activities
(a) DOCUMENTATION REQUIRED.—Imme- sults of the study conducted under sub- are conducted by the National Guard of a
diately upon the enactment of this Act, the section (a). State under title 32’’ after ‘‘facility’’; and
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S4999
(C) by adding at the end the following new use with regard to any property in the geo- ‘‘(d) LOCATION OF PROJECTS.—Projects car-
paragraph: graphic scope specified in the agreement— ried out pursuant to this section may be car-
‘‘(2) The Secretary concerned may use the ‘‘(A) at the time the funds are obligated; ried out—
authority under section 2701(d) of this title and ‘‘(1) on a military installation;
to carry out environmental restoration ‘‘(B) in any subsequent modification to the ‘‘(2) on a facility used by the Department
projects under paragraph (1).’’. agreement.’’. of Defense that is owned and operated by a
(2) CORRECTION OF DEFINITION OF FACIL- (b) CLARIFICATION OF REFERENCES TO ELIGI- State, the District of Columbia, the Com-
ITY.—Paragraph (2) of section 2700 of such BLE ENTITIES.— monwealth of Puerto Rico, American Samoa,
title is amended— (1) DEFINITION.—Subsection (b) of section Guam, the Commonwealth of the Northern
(A) in subparagraph (A), by striking ‘‘(A) 2684a of title 10, United States Code, is Mariana Islands, or the Virgin Islands, even
The terms’’ and inserting ‘‘The terms’’; and amended, in the matter preceding paragraph if the facility is not under the jurisdiction of
(B) by striking subparagraph (B). (1), by striking ‘‘An agreement under this the Department of Defense, if the Secretary
(d) EXTENSION OF CONTRACT AUTHORITY.— of Defense determines that the facility is
section may be entered into with’’ and in-
Section 2708(b) of such title is amended— subject to significant use by the armed
serting ‘‘For purposes of this section, an eli-
(1) in paragraph (1), by striking ‘‘fiscal forces for testing or training; or
gible entity is’’.
years 1992 through 1996’’ and inserting ‘‘a pe- ‘‘(3) outside of a military installation or fa-
(2) ACQUISITION OF PROPERTY AND INTER-
riod specified in paragraph (3)’’; and cility described in paragraph (2) if the Sec-
ESTS.—Subsection (d)(1) of such section is
(2) by adding at the end the following new retary concerned determines that the project
amended by striking ‘‘the entity or entities’’
paragraph: would preserve or enhance the resilience of—
‘‘(3) A period specified in this paragraph each place it appears and inserting ‘‘an eligi-
ble entity or entities’’. ‘‘(A) a military installation;
is—
‘‘(A) the period of fiscal years 1992 through (3) RETROACTIVE APPLICATION.—The amend- ‘‘(B) a facility described in paragraph (2);
1996; or ments made by paragraphs (1) and (2) shall or
‘‘(B) on or after the date of the enactment apply to any agreement entered into under ‘‘(C) community infrastructure determined
of the National Defense Authorization Act section 2684a of title 10, United States Code, by the Secretary concerned to be necessary
for Fiscal Year 2021.’’. on or after December 2, 2002. to maintain, improve, or rapidly reestablish
(e) TECHNICAL CONSISTENCY FOR MUNITIONS SEC. 313. SURVEY AND MARKET RESEARCH OF installation mission assurance and mission-
RESPONSE.— TECHNOLOGIES FOR PHASE OUT BY essential functions.
(1) PROGRAM GOALS.—Section 2701(b)(2) of DEPARTMENT OF DEFENSE OF USE ‘‘(e) ALTERNATIVE FUNDING SOURCE.—(1) In
such title is amended by striking ‘‘of OF FLUORINATED AQUEOUS FILM- carrying out a project under this section, the
unexploded ordnance’’ and inserting ‘‘of FORMING FOAM. Secretary concerned may use amounts avail-
unexploded ordnance, discarded military mu- (a) SURVEY OF TECHNOLOGIES AND MARKET able for operation and maintenance for the
nitions, and munitions constituents in a RESEARCH.— military department concerned if the Sec-
manner consistent with section 2710 of this (1) IN GENERAL.—The Secretary of Defense retary concerned submits a notification to
title’’. shall conduct a survey and market research the congressional defense committees of the
(2) ENVIRONMENTAL RESTORATION AC- of relevant technologies, other than fire- decision to carry out the project using such
COUNTS.—Section 2703(b) of such title is fighting agent solutions, to determine amounts and includes in the notification—
amended by striking the second sentence and whether any such technologies are available ‘‘(A) the current estimate of the cost of the
inserting the following new sentence: ‘‘Such and can be adapted quickly for use by the project;
remediation shall be conducted in a manner Department of Defense to execute the phase- ‘‘(B) the source of funds for the project;
consistent with section 2710 of this title.’’. out by the Department of the use of and
(3) TRANSFER OF DEFINITIONS.— fluorinated aqueous film-forming foam. ‘‘(C) a certification that deferral of the
(A) TRANSFER.—Paragraphs (2) and (3) of (2) TECHNOLOGIES INCLUDED.—The tech- project for inclusion in the next Military
section 2710(e) of such title are— nologies surveyed or researched under para- Construction Authorization Act would be in-
(i) transferred to section 2700 of such title; graph (1) shall include the following: consistent with national security or the pro-
(ii) added at the end of such section; and (A) Hangar flooring systems. tection of health, safety, or environmental
(iii) redesignated as paragraphs (6) and (7), (B) Liquid drainage flood assemblies. quality, as the case may be.
respectively. (C) Fire-fighting agent delivery systems. ‘‘(2) A project carried out under this sec-
(B) REDESIGNATION OF DEFINITIONS.—Sec- (D) Containment systems. tion using amounts under paragraph (1) may
tion 2710(e) of such title is amended by redes- (E) Such other relevant technologies as the be carried out only after the end of the 7-day
ignating paragraphs (4) through (7) as para- Secretary determines appropriate. period beginning on the date on which a copy
of the notification described in paragraph (1)
graphs (2) through (5), respectively. (b) BRIEFING.—
is provided in an electronic medium pursu-
(4) CONFORMING AMENDMENTS.—Section (1) IN GENERAL.—Not later than 180 days
ant to section 480 of this title.
313(d) of the John Warner National Defense after the date of the enactment of this Act, ‘‘(3) The maximum aggregate amount that
Authorization Act for Fiscal Year 2007 (Pub- the Secretary shall brief the congressional the Secretary concerned may obligate from
lic Law 109–364; 10 U.S.C. 2710 note) is amend- defense committees on the results of the sur- amounts available to the military depart-
ed— vey and market research conducted under ment concerned for operation and mainte-
(A) in paragraph (2)— subsection (a). nance in any fiscal year for projects under
(i) by striking ‘‘ ‘discarded military muni- (2) ELEMENTS OF BRIEFING.—The briefing the authority of this subsection is
tions’, ‘munitions constituents’, and ‘defense required under paragraph (1) shall include $100,000,000.’’.
sites’ ’’ and inserting ‘‘ ‘discarded military the following: (b) CONSIDERATION OF MILITARY INSTALLA-
munitions’ and ‘munitions constituents’ ’’; (A) A description of the technologies sur- TION RESILIENCE IN AGREEMENTS AND INTER-
and veyed and researched under subsection (a). AGENCY COOPERATION.—Section 2684a of such
(ii) by striking ‘‘section 2710(e)’’ and in- (B) An identification of any such tech- title is amended—
serting ‘‘section 2700’’; and nologies that were considered for further (1) in subsection (a)—
(B) by adding at the end the following new testing or analysis. (A) in paragraph (2)(B)—
paragraph: (C) An identification of any other tech- (i) by striking clause (ii); and
‘‘(3) The term ‘defense site’ has the mean- nologies useful for the phase-out by the De- (ii) in clause (i)—
ing given such term in section 2710(e) of such partment of the use of fluorinated aqueous (I) by striking ‘‘(i)’’; and
title.’’. film-forming foam that are undergoing addi- (II) by striking ‘‘; or’’ and inserting a semi-
(f) TECHNICAL CORRECTION REGARDING CO- tional analysis for possible application with- colon;
OPERATIVE AGREEMENTS.—Section 332(a)(2) of in the Department. (B) by redesignating paragraph (3) as para-
the National Defense Authorization Act for SEC. 314. MODIFICATION OF AUTHORITY TO graph (4); and
Fiscal Year 2020 (Public Law 116–92) is CARRY OUT MILITARY INSTALLA- (C) by inserting after paragraph (2) the fol-
amended, in the matter preceding subpara- TION RESILIENCE PROJECTS. lowing new paragraph (3):
graph (A), by striking ‘‘shall meet or exceed (a) MODIFICATION OF AUTHORITY.—Section ‘‘(3) maintaining or improving military in-
the most stringent of the following’’ and in- 2815 of title 10, United States Code is amend- stallation resilience; or’’; and
serting ‘‘relating to a response shall reflect
ed— (2) by amending subsection (h) to read as
application to the response of the most pro-
(1) in subsection (a), by inserting ‘‘(except follows:
tective of the following’’.
as provided in subsections (d)(3) and (e))’’ be- ‘‘(h) INTERAGENCY COOPERATION IN CON-
SSpencer on DSK126QN23PROD with SENATE
SEC. 312. READINESS AND ENVIRONMENTAL PRO-
fore the period at the end; SERVATION AND RESILIENCE PROGRAMS TO
TECTION INTEGRATION PROGRAM
TECHNICAL EDITS AND CLARIFICA- (2) in subsection (c), by striking ‘‘A AVOID OR REDUCE ADVERSE IMPACTS ON MILI-
TION. project’’ and inserting ‘‘Except as provided TARY INSTALLATION RESILIENCE AND MILITARY
(a) USE OF FUNDS.—Section 2684a(i) of title in subsection (e)(2), a project’’; READINESS ACTIVITIES.—In order to facilitate
10, United States Code, is amended by adding (3) by redesignating subsection (d) as sub- interagency cooperation and enhance the ef-
at the end the following new paragraph: section (f); and fectiveness of actions that will protect the
‘‘(3) Funds obligated to carry out an agree- (4) by inserting after subsection (c) the fol- environment, military installation resil-
ment under this section shall be available for lowing new subsections: ience, and military readiness, the recipient
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S5000 CONGRESSIONAL RECORD — SENATE August 5, 2020
of funds provided pursuant to an agreement group or community, including any Native ‘‘(6) Any currently available sources of en-
under this section or under the Sikes Act (16 village, Regional Corporation, or Village ergy that would provide uninterrupted en-
U.S.C. 670 et seq.) may, with regard to the Corporation (as defined in section 3 of the ergy to critical missions in the event of a
lands and waters within the scope of the Alaska Native Claims Settlement Act (43 disruption or emergency.
agreement, use such funds to satisfy any U.S.C. 1602)), that is recognized as eligible ‘‘(7) Alternative sources of energy that
matching funds or cost-sharing requirement for the special programs and services pro- could be developed to provide uninterrupted
of any conservation or resilience program of vided by the United States to Indians be- energy to critical missions in the event of a
any Federal agency notwithstanding any cause of their status as Indians. disruption or emergency.
limitation of such program on the source of ‘‘(3) The term ‘culturally connected loca- ‘‘(d) TESTING AND MEASURING.—(1)(A) The
matching or cost-sharing funds.’’. tion’ means a location or place that has de- Secretary of Defense shall require the Sec-
SEC. 315. NATIVE AMERICAN INDIAN LANDS ENVI- monstrable significance to Indians or Alaska retary of each military department and head
RONMENTAL MITIGATION PROGRAM. Natives based on its association with the of each Defense Agency to conduct moni-
(a) IN GENERAL.—Chapter 160 of title 10, traditional beliefs, customs, and practices of toring, measuring, and testing to provide the
United States Code, is amended by adding at a living community, including locations or data necessary to comply with this section.
the end the following new section: places where religious, ceremonial, subsist- ‘‘(B) Any data provided under subpara-
‘‘§ 2712. Native American lands environmental ence, medicinal, economic, or other lifeways graph (A) shall be made available to the As-
mitigation program practices have historically taken place.’’. sistant Secretary of Defense for Sustainment
(b) CLERICAL AMENDMENT.—The table of upon request.
‘‘(a) ESTABLISHMENT.—The Secretary of De- sections at the beginning of chapter 160 of ‘‘(2)(A) The Secretary of Defense shall re-
fense may establish and carry out a program such title is amended by inserting after the quire that black start exercises be conducted
to mitigate the environmental effects of ac- item relating to section 2711 the following to assess the energy resilience and energy se-
tions by the Department of Defense on In- new item: curity of installations for periods established
dian lands and culturally connected loca- ‘‘2712. Native American lands environmental to evaluate the ability of the installation to
tions. mitigation program.’’. perform critical missions without access to
‘‘(b) PROGRAM ACTIVITIES.—The activities SEC. 316. ENERGY RESILIENCE AND ENERGY SE- off-installation energy resources.
that may be carried out under the program CURITY MEASURES ON MILITARY IN- ‘‘(B) A black start exercise conducted
established under subsection (a) are the fol- STALLATIONS. under subparagraph (A) may exclude, if tech-
lowing: (a) IN GENERAL.—Subchapter I of chapter nically feasible, housing areas, com-
‘‘(1) Identification, investigation, and doc- 173 of title 10, United States Code, is amend- missaries, exchanges, and morale, welfare,
umentation of suspected environmental ef- ed by inserting after section 2919 the fol- and recreation facilities.
fects attributable to past actions by the De- lowing new section: ‘‘(C) The Secretary of Defense shall—
partment of Defense. ‘‘§ 2920. Energy resilience and energy security ‘‘(i) provide uniform policy for the military
‘‘(2) Development of mitigation options for measures on military installations departments and the Defense Agencies with
such environmental effects, including devel- ‘‘(a) ENERGY RESILIENCE MEASURES.—(1) respect to conducting black start exercises;
opment of cost-to-complete estimates and a The Secretary of Defense shall, by the end of and
system for prioritizing mitigation actions. fiscal year 2030, provide that 100 percent of ‘‘(ii) establish a schedule of black start ex-
‘‘(3) Direct mitigation actions that the the energy load required to maintain the ercises for the military departments and the
Secretary determines are necessary and ap- critical missions of each installation have a Defense Agencies, with each military depart-
propriate to mitigate the adverse environ- minimum level of availability of 99.9 percent ment and Defense Agency scheduled to con-
mental effects of past actions by the Depart- per fiscal year. duct such an exercise on a number of instal-
ment. ‘‘(2) The Secretary of Defense shall issue lations each year sufficient to allow that
‘‘(4) Demolition and removal of unsafe standards establishing levels of availability military department or Defense Agency to
buildings and structures used by, under the relative to specific critical missions, with meet the goals of this section, but in any
jurisdiction of, or formerly used by or under such standards providing a range of not less event not fewer than five installations each
the jurisdiction of the Department. than 99.9 percent availability per fiscal year year for each military department through
‘‘(5) Training, technical assistance, and ad- and not more than 99.9999 percent avail- fiscal year 2027.
ministrative support to facilitate the mean- ability per fiscal year, depending on the ‘‘(D)(i) Except as provided in clause (ii),
ingful participation of Indian tribes in miti- criticality of the mission. the Secretary of each military department
gation actions under the program. ‘‘(3) The Secretary may establish interim shall, notwithstanding any other provision
‘‘(6) Development and execution of a policy goals to take effect prior to fiscal year 2025 of law, conduct black start exercises in ac-
governing consultation with Indian tribes to ensure the requirements under this sub- cordance with the schedule provided for in
that have been or may be affected by action section are met. subparagraph (C)(ii), with any such exercise
by the Department, including training per- ‘‘(4) The Secretary of each military depart-
not to last longer than five days.
sonnel of the Department to ensure compli- ment and the head of each Defense Agency
‘‘(ii) The Secretary of a military depart-
ance with the policy. shall ensure that their organizations meet
ment may conduct more black start exer-
‘‘(c) COOPERATIVE AGREEMENTS.—(1) In car- the requirements of this subsection.
‘‘(b) PLANNING.—(1) The Secretary of De- cises than those identified in the schedule
rying out the program established under sub- provided for in subparagraph (C)(ii).
fense shall require the Secretary of each
section (a), the Secretary of Defense may ‘‘(e) CONTRACT REQUIREMENTS.—For con-
military department and the head of each
enter into a cooperative agreement with an Defense Agency to plan for the provision of tracts for energy and utility services, the
Indian tribe or an instrumentality of tribal energy resilience and energy security for in- Secretary of Defense shall—
government. stallations. ‘‘(1) specify methods and processes to
‘‘(2) Notwithstanding chapter 63 of title 31, ‘‘(2) Planning under paragraph (1) shall— measure, manage, and verify compliance
a cooperative agreement under this section ‘‘(A) promote the use of multiple and di- with subsection (a); and
may be used to acquire property or services verse sources of energy, with an emphasis fa- ‘‘(2) ensure that such contracts include re-
for the direct benefit of the United States voring energy resources originating on the quirements appropriate to ensure energy re-
Government. installation such as modular generation; silience and energy security, including re-
‘‘(3) A cooperative agreement under this ‘‘(B) promote installing microgrids to en- quirements for metering to measure, man-
section for the procurement of severable sure the energy security and energy resil- age, and verify energy consumption, avail-
services may begin in one fiscal year and end ience of critical missions; and ability, and reliability consistent with this
in another fiscal year only if the total period ‘‘(C) favor the use of full-time, installed section and the energy resilience metrics
of performance does not exceed two calendar energy sources rather than emergency gen- and standards under section 2911(b) of this
years. eration. title.
‘‘(d) DEFINITIONS.—In this section: ‘‘(c) DEVELOPMENT OF INFORMATION.—The ‘‘(f) EXCEPTION.—This section does not
‘‘(1) The term ‘Indian land’ includes— planning required by subsection (b) shall apply to fuels used in aircraft, vessels, or
‘‘(A) any land located within the bound- identify each of the following for each instal- motor vehicles.
aries and a part of an Indian reservation, lation: ‘‘(g) REPORT.—If by the end of fiscal year
pueblo, or rancheria; ‘‘(1) The critical missions of the installa- 2029, the Secretary determines that the De-
‘‘(B) any land that has been allotted to an tion. partment will be unable to meet the require-
individual Indian but has not been conveyed ‘‘(2) The energy requirements of those crit- ments under subsection (a), not later than 90
to such Indian with full power of alienation; ical missions. days after the end of such fiscal year, the
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‘‘(C) Alaska Native village and regional ‘‘(3) The duration that those energy re- Secretary shall submit to the Committees on
corporation lands; and quirements are likely to be needed in the Armed Services of the Senate and House of
‘‘(D) lands and waters upon which any Fed- event of a disruption or emergency. Representatives a report detailing—
erally recognized Indian tribe has rights re- ‘‘(4) The current source of energy provided ‘‘(1) the projected shortfall;
served by treaty, act of Congress, or action to those critical missions. ‘‘(2) reasons for the projected shortfall;
by the President. ‘‘(5) The duration that the currently pro- ‘‘(3) any statutory, technological, or mone-
‘‘(2) The term ‘Indian Tribe’ means any In- vided energy would likely be available in the tary impediments to achieving such require-
dian Tribe, band, nation, or other organized event of a disruption or emergency. ments;
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S5001
‘‘(4) any impact to readiness or ability to ment of this Act, the Director shall establish section (a) at not fewer than 2 facilities or
meet the national defense posture; and a demonstration initiative composed of dem- installations of the Department of Defense in
‘‘(5) any other relevant information as the onstration projects focused on the develop- the continental United States that—
Secretary considers appropriate. ment of long-duration energy storage tech- (A) have the largest total number of at-
‘‘(h) DEFINITIONS.—In this section: nologies. tached noncombat vehicles as compared to
‘‘(1) The term ‘availability’ means the (c) SELECTION OF PROJECTS.—To the max- other facilities or installations of the De-
availability of required energy at a stated in- imum extent practicable, in selecting dem- partment of Defense; and
stant of time or over a stated period of time onstration projects to participate in the Ini- (B) are located within 20 miles of public or
for a specific purpose. tiative, the Director shall— private refueling or recharging stations.
‘‘(2) The term ‘black start exercise’ means (1) ensure a range of technology types; (2) AIR FORCE LOGISTICS CENTER.—One of
an exercise in which delivery of energy pro- (2) ensure regional diversity among the facilities or installations selected under
vided from off an installation is terminated projects; and paragraph (1) shall be an Air Force Logistics
before backup generation assets on the in- (3) consider bulk power level, distribution Center.
stallation are turned on. Such an exercise power level, behind-the-meter, microgrid (c) ALTERNATIVE FUEL VEHICLE DEFINED.—
shall— (grid-connected or islanded mode), and off- In this section, the term ‘‘alternative fuel
‘‘(A) determine the ability of the backup grid applications. vehicle’’ includes a vehicle that uses—
systems to start independently, transfer the (d) JOINT PROGRAM.— (1) fuels derived from renewable biomass,
load, and carry the load until energy from (1) ESTABLISHMENT.—As part of the Initia- as defined in section 211(o)(1)(I) of the Clean
off the installation is restored; tive, the Director, in consultation with the Air Act (42 U.S.C. 7545(o)(1)(I));
‘‘(B) align organizations with critical mis- Director of ARPA–E, shall establish within (2) natural gas (including compressed and
sions to coordinate in meeting critical mis- the Department of Defense a joint program liquefied natural gas); or
sion requirements; to carry out projects— (3) propane.
‘‘(C) validate mission operation plans, such (A) to demonstrate promising long-dura- SEC. 320. EXTENSION OF REAL-TIME SOUND MON-
as continuity of operations plans; tion energy storage technologies at different ITORING AT NAVY INSTALLATIONS
‘‘(D) identify infrastructure interdepend- scales to promote energy resiliency; and WHERE TACTICAL FIGHTER AIR-
encies; and (B) to help new, innovative long-duration CRAFT OPERATE.
‘‘(E) verify backup electric power system energy storage technologies become com- Section 325(a)(1) of the National Defense
performance. mercially viable. Authorization Act for Fiscal Year 2020 (Pub-
‘‘(3) The term ‘critical mission’— (2) MEMORANDUM OF UNDERSTANDING.—Not lic Law 116–92) is amended by striking ‘‘a 12-
‘‘(A) means those aspects of the missions of later than 200 days after the date of enact- month period’’ and inserting ‘‘two 12-month
an installation, including mission essential ment of this Act, the Director shall enter periods, including one such period that be-
operations, that are critical to successful into a memorandum of understanding with gins in fiscal year 2021’’.
performance of the strategic national de- the Director of ARPA–E to administer the SEC. 321. STUDY ON IMPACTS OF TRANSBOUND-
fense mission; Joint Program. ARY FLOWS, SPILLS, OR DIS-
‘‘(B) may include operational headquarters (3) INFRASTRUCTURE.—In carrying out the CHARGES OF POLLUTION OR DEBRIS
Joint Program, the Director and the Direc- FROM THE TIJUANA RIVER ON PER-
facilities, airfields and supporting infra- SONNEL, ACTIVITIES, AND INSTAL-
structure, harbor facilities supporting naval tor of ARPA–E shall—
LATIONS OF DEPARTMENT OF DE-
vessels, munitions production and storage fa- (A) use existing test-bed infrastructure FENSE.
cilities, missile fields, radars, satellite con- at— (a) STUDY.—
trol facilities, cyber operations facilities, (i) installations of the Department of De- (1) IN GENERAL.—Not later than 90 days
space launch facilities, operational commu- fense; and after the date of the enactment of this Act,
nications facilities, and biological defense fa- (ii) facilities of the Department of Energy; the Secretary of Defense, in coordination
cilities; and and with the Administrator of the Environ-
‘‘(C) does not include military housing (in- (B) develop new infrastructure for identi- mental Protection Agency, the Secretary of
cluding privatized military housing), morale, fied projects, if appropriate. State, and the United States Commissioner
welfare, and recreation facilities, exchanges, (4) GOALS AND METRICS.—The Director and of the International Boundary and Water
commissaries, or privately owned facilities. the Director of ARPA–E shall develop goals Commission, shall commission an inde-
‘‘(4) The term ‘energy’ means electricity, and metrics for technological progress under pendent scientific study of the impacts of
natural gas, steam, chilled water, and heated the Joint Program consistent with energy transboundary flows, spills, or discharges of
water. resilience and energy security policies. pollution or debris from the Tijuana River
‘‘(5) The term ‘installation’ has the mean- (5) SELECTION OF PROJECTS.— on the personnel, activities, and installa-
ing given the term ‘military installation’ in (A) IN GENERAL.—To the maximum extent tions of the Department of Defense.
section 2801(c)(4) of this title.’’. practicable, in selecting projects to partici- (2) ELEMENTS.—The study required by para-
(b) CLERICAL AMENDMENT.—The table of pate in the Joint Program, the Director and graph (1) shall address the short-term, long-
sections at the beginning of subchapter I of the Director of ARPA–E shall— term, primary, and secondary impacts of
chapter 173 of such title is amended by in- (i) ensure that projects are carried out transboundary flows, spills, or discharges of
serting after the item relating to section 2919 under conditions that represent a variety of pollution or debris from the Tijuana River
the following new item: environments with different physical condi- and include recommendations to mitigate
‘‘2920. Energy resilience and energy security tions and market constraints; and such impacts.
measures on military installa- (ii) ensure an appropriate balance of— (b) REPORT.—Not later than 180 days after
tions.’’. (I) larger, higher-cost projects; and the date of the enactment of this Act, the
SEC. 317. MODIFICATION TO AVAILABILITY OF (II) smaller, lower-cost projects. Secretary of Defense shall submit to the ap-
ENERGY COST SAVINGS FOR DE- (B) PRIORITY.—In carrying out the Joint propriate committees of Congress a report
PARTMENT OF DEFENSE. Program, the Director and the Director of containing the results of the study under
Section 2912(a) of title 10, United States ARPA–E shall give priority to demonstra- subsection (a), including all findings and rec-
Code, is amended by inserting ‘‘and, in the tion projects that— ommendations resulting from the study.
case of operational energy, from both train- (i) make available to the public project in- (c) APPROPRIATE COMMITTEES OF CONGRESS
ing and operational missions,’’ after ‘‘under formation that will accelerate deployment of DEFINED.—In this section, the term ‘‘appro-
section 2913 of this title,’’. long-duration energy storage technologies priate committees of Congress’’ means—
SEC. 318. LONG-DURATION DEMONSTRATION INI- that promote energy resiliency; and (1) the Committee on Armed Services, the
TIATIVE AND JOINT PROGRAM. (ii) will be carried out in the field. Committee on Environment and Public
(a) DEFINITIONS.—In this section: SEC. 319. PILOT PROGRAM ON ALTERNATIVE Works, and the Committee on Foreign Rela-
(1) DIRECTOR.—The term ‘‘Director’’ means FUEL VEHICLE PURCHASING. tions of the Senate; and
the Director of the Environmental Security (a) IN GENERAL.—The Secretary of Defense, (2) the Committee on Armed Services, the
Technology Certification Program of the De- in coordination with the Secretary of Energy Committee on Transportation and Infra-
partment of Defense. and the Administrator of the General Serv- structure, and the Committee on Foreign Af-
(2) DIRECTOR OF ARPA–E.—The term ‘‘Direc- ices Administration, shall carry out a pilot fairs of the House of Representatives.
tor of ARPA–E’’ means the Director of the program under which the Secretary of De-
SEC. 322. INCREASE IN FUNDING FOR STUDY BY
Advanced Research Projects Agency—En- fense may, notwithstanding section 400AA of CENTERS FOR DISEASE CONTROL
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ergy. the Energy Policy and Conservation Act (42 AND PREVENTION RELATING TO
(3) INITIATIVE.—The term ‘‘Initiative’’ U.S.C. 6374), purchase new alternative fuel PERFLUOROALKYL AND
means the demonstration initiative estab- vehicles for which the initial cost of such ve- POLYFLUOROALKYL SUBSTANCE
lished under subsection (b). hicles exceeds the initial cost of a com- CONTAMINATION IN DRINKING
(4) JOINT PROGRAM.—The term ‘‘Joint Pro- parable gasoline or diesel fueled vehicle by WATER.
gram’’ means the joint program established not more than 10 percent. (a) IN GENERAL.—
under subsection (d). (b) LOCATIONS.— (1) INCREASE.—The amount authorized to
(b) ESTABLISHMENT OF INITIATIVE.—Not (1) IN GENERAL.—The Secretary of Defense be appropriated by this Act for fiscal year
later than 180 days after the date of enact- shall carry out the pilot program under sub- 2021 for Operation and Maintenance, Defense
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S5002 CONGRESSIONAL RECORD — SENATE August 5, 2020
Wide for SAG 4GTN for the study by the Cen- (1) Any aircraft, weapon system, vehicle, (iii) An identification of all military and
ters for Disease Control and Prevention equipment, or gear of the Department of De- civilian personnel who participated in the
under section 316(a)(2)(B)(ii) of the National fense or the Armed Forces. exercise.
Defense Authorization Act for Fiscal Year (2) Any other item of the Department or (iv) Any recommendations resulting from
2018 (Public Law 115–91; 131 Stat. 1350) is the Armed Forces that the Secretary con- the exercise.
hereby increased by $5,000,000. siders appropriate for purposes of this sec- (v) The actions taken, if any, to implement
(2) OFFSET.—The amount authorized to be tion. such recommendations.
appropriated by this Act for fiscal year 2021 (C) INCLUSION IN ANNUAL BUDGET SUBMIS-
SEC. 352. PLANS AND REPORTS ON EMERGENCY
for Operation and Maintenance, Army for SION.—
RESPONSE TRAINING FOR MILITARY
SAG 421, Servicewide Transportation is here- INSTALLATIONS. (i) IN GENERAL.—The Secretary shall in-
by reduced by $5,000,000. clude in the budget submitted to Congress by
(b) INCREASE IN TRANSFER AUTHORITY.— (a) PLANS.— the President pursuant to section 1105(a) of
Section 316(a)(2)(B)(ii) of the National De- (1) IN GENERAL.—Not later than 90 days title 31, United States Code, a summary of
fense Authorization Act for Fiscal Year 2018 after the date of the enactment of this Act, any report submitted to the Secretary under
(Public Law 115–91; 131 Stat. 1350), as amend- the Secretary of Defense shall ensure that subparagraph (A) during the one-year period
ed by section 315(a) of the John S. McCain each military installation under the jurisdic- preceding the submittal of the budget.
National Defense Authorization Act for Fis- tion of the Secretary that does not conduct (ii) CLASSIFIED FORM.—The summary sub-
cal Year 2019 (Public Law 115–232; 132 Stat. live emergency response training on an an- mitted under clause (i) may be submitted in
1713), is amended by striking ‘‘$10,000,000’’ nual basis or more frequently with the civil- classified form.
and inserting ‘‘$15,000,000’’. ian law enforcement and emergency response (D) SUNSET.—The requirement to submit
Subtitle C—Logistics and Sustainment agencies responsible for responding to an annual reports under subparagraph (A) shall
emergency at the installation develops a terminate upon the submittal of the budget
SEC. 331. REPEAL OF STATUTORY REQUIREMENT plan to conduct such training.
FOR NOTIFICATION TO DIRECTOR
described in subparagraph (C)(i) for fiscal
OF DEFENSE LOGISTICS AGENCY
(2) ELEMENTS.—Each plan developed under year 2024.
THREE YEARS PRIOR TO IMPLE- paragraph (1) with respect to an installa- SEC. 353. REPORT ON IMPLEMENTATION BY DE-
MENTING CHANGES TO ANY UNI- tion— PARTMENT OF DEFENSE OF RE-
FORM OR UNIFORM COMPONENT. (A) shall include— QUIREMENTS RELATING TO RENEW-
(i) the cost of implementing training de- ABLE FUEL PUMPS.
Section 356 of the John S. McCain National
Defense Authorization Act for Fiscal Year scribed in paragraph (1) at the installation; (a) IN GENERAL.—Not later than 90 days
2019 (Public Law 115–232; 10 U.S.C. 771 note (ii) a description of any obstacles to the after the date of the enactment of this Act,
prec.) is amended— implementation of such training; and the Secretary of Defense shall submit to
(1) by striking subsection (a); (iii) recommendations for mitigating any Congress a report on the implementation by
(2) by redesignating subsections (b) and (c) such obstacles; and the Department of Defense of the require-
as subsections (a) and (b), respectively; and (B) shall be designed to ensure that the ci- ments under section 246(a) of the Energy
(3) in subsections (a) and (b), as so redesig- vilian law enforcement and emergency re- Independence and Security Act of 2007 (42
nated, by striking ‘‘Commander’’ each place sponse agencies described in paragraph (1) U.S.C. 17053(a)).
are familiar with— (b) ELEMENTS.—The report required by sub-
it appears and inserting ‘‘Director’’.
(i) the physical features of the installation, section (a) shall include the following:
SEC. 332. CLARIFICATION OF LIMITATION ON
including gates, buildings, armories, head- (1) An estimate of the cost to the Depart-
LENGTH OF OVERSEAS FORWARD
DEPLOYMENT OF CURRENTLY DE- quarters, command and control centers, and ment of fully implementing the require-
PLOYED NAVAL VESSELS. medical facilities; and ments under section 246(a) of the Energy
Section 323(b) of the John S. McCain Na- (ii) the emergency response personnel and Independence and Security Act of 2007; and
tional Defense Authorization Act for Fiscal procedures of the installation. (2) An assessment of any problems or
Year 2019 (Public Law 115–232; 132 Stat. 1720; (3) SUBMITTAL OF PLANS.— issues the Department is having in com-
10 U.S.C. 8690 note) is amended by striking (A) SUBMITTAL TO SECRETARY.—Not later plying with the requirements under such sec-
‘‘In the case of any naval vessel’’ and insert- than 90 days after the date of the enactment tion.
ing ‘‘In the case of any aircraft carrier, am- of this Act, the commander of each military (c) EXCEPTION.—The report required by
installation required to develop a plan under subsection (a) shall not apply to a fueling
phibious ship, cruiser, destroyer, frigate, or
paragraph (1) shall submit such plan to the center of the Department with a fuel turn-
littoral combat ship’’.
Secretary of Defense. over rate of less than 100,000 gallons of fuel
Subtitle D—Reports per year.
(B) SUBMITTAL TO CONGRESS.—Not later
SEC. 351. REPORT ON IMPACT OF PERMAFROST SEC. 354. REPORT ON EFFECTS OF EXTREME
than 180 days after the date of the enactment
THAW ON INFRASTRUCTURE, FACILI- WEATHER ON DEPARTMENT OF DE-
TIES, AND OPERATIONS OF THE DE- of this Act, the Secretary shall submit to the
FENSE.
PARTMENT OF DEFENSE. Committees on Armed Services of the Senate
(a) IN GENERAL.—Not later than 180 days
(a) REPORT REQUIRED.—Not later than 180 and the House of Representatives a summary
after the date of the enactment of this Act,
days after the date of the enactment of this of the plans submitted to the Secretary
the Secretary of Defense shall submit to the
Act, the Secretary of Defense shall submit to under subparagraph (A).
congressional defense committees a report
the congressional defense committees a com- (b) REPORTS ON TRAINING CONDUCTED.— on vulnerabilities to military installations
prehensive report on the impact of perma- (1) LIST OF INSTALLATIONS.—Not later than and combatant commander requirements re-
frost thaw on the infrastructure, facilities, March 1, 2021, the Secretary shall submit to sulting from extreme weather that builds
assets, and operations of the Department of the Committees on Armed Services of the upon the report submitted under section
Defense. Senate and the House of Representatives a 335(c) of the National Defense Authorization
(b) ELEMENTS.—The report required by sub- list of all military installations under the ju- Act for Fiscal Year 2018 (Public Law 115–91;
section (a) shall include the following: risdiction of the Secretary that conduct live 131 Stat. 1358).
(1) An identification of the infrastructure, emergency response training on an annual (b) ELEMENTS.—The report required by sub-
facilities, and assets of the Department of basis or more frequently with the civilian section (a) shall include the following:
Defense that could be impacted by perma- law enforcement and emergency response (1) An explanation of the underlying meth-
frost thaw. agencies responsible for responding to an odology that the Department uses to assess
(2) For each element of infrastructure and emergency at the installation. the effects of extreme weather in the report,
each facility and asset identified pursuant to (2) ANNUAL REPORTS.— including through the use of a climate vul-
paragraph (1)— (A) IN GENERAL.—Not later than one year nerability and risk assessment tool as di-
(A) an assessment of the threat posed by after the date of the enactment of this Act, rected under section 326 of the National De-
permafrost thaw; and and annually thereafter, the commander of fense Authorization Act for Fiscal Year 2020
(B) an estimate of potential damage in the each military installation under the jurisdic- (Public Law 116–92).
event of likely permafrost thaw. tion of the Secretary shall submit to the (2) An assessment of how extreme weather
(3) A description of the threats and im- Secretary a report on each live emergency affects low-lying military installations, mili-
pacts posed by permafrost thaw to military response training conducted during the year tary installations of the Navy and the Ma-
and other national security operations. covered by the report with the civilian law rine Corps, and military installations out-
(c) CONSULTATION.—In preparing the report enforcement and emergency response agen- side the United States.
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under subsection (a), the Secretary may con- cies responsible for responding to an emer- (3) An assessment of how extreme weather
sult with other Federal agencies, agencies of gency at the installation. affects access of members of the Armed
State and local governments, and academic (B) ELEMENTS.—Each report submitted Forces to training ranges.
institutions with expertise or experience in under subparagraph (A) shall include, with (4) With respect to a military installation
the effects of permafrost thaw on infrastruc- respect to each training exercise, the fol- in a country outside the United States, an
ture, facilities, and operations. lowing: assessment of the collaboration between the
(d) ASSET DEFINED.—In this section, the (i) The date and duration of the exercise. Department of Defense and the military or
term ‘‘asset’’ means the following: (ii) A detailed description of the exercise. civilian agencies of the government of that
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S5003
country or nongovernmental organizations ‘‘(2) The Secretary of each military depart- cluding the National Museum of the Marine
operating in that country to adapt to risks ment, the Director of each Defense Agency, Corps;
from extreme weather. and the head of any other relevant compo- ‘‘(B) at the Heritage Center for the Na-
(5) An assessment of how extreme weather nent of the Department of Defense shall tional Museum of the United States Army at
affects housing safety and food security on track and report to the Under Secretary of Fort Belvoir, Virginia;
military installations. Defense (Comptroller) relevant data regard- ‘‘(C) at the Heritage Center for the Na-
(6) An assessment of the strategic benefits ing all overseas construction projects funded tional Museum of the United States Navy at
derived from isolating infrastructure of the with amounts appropriated or otherwise Washington, District of Columbia; or
Department of Defense in the United States made available for operation and mainte- ‘‘(D) at the Heritage Center for the Na-
from the national electric grid and the use of nance in support of contingency operations. tional Museum of the United States Air
energy-efficient, distributed, and smart ‘‘(3)(A) The Secretary of Defense shall pre- Force at Wright-Patterson Air Force Base,
power grids by the Armed Forces in the pare, for inclusion in the annual budget sub- Ohio.’’.
United States and overseas to ensure afford- mission by the President to Congress under SEC. 374. INAPPLICABILITY OF CONGRESSIONAL
able access to electricity. section 1105 of title 31, a consolidated budget NOTIFICATION AND DOLLAR LIMITA-
(7) A list of ten military installation resil- justification display, in classified and un- TION REQUIREMENTS FOR ADVANCE
classified form, that identifies all overseas BILLINGS FOR CERTAIN BACK-
ience projects conducted within each mili-
construction projects funded with amounts GROUND INVESTIGATIONS.
tary department.
appropriated or otherwise made available for Section 2208(l) of title 10, United States
(8) An overview of mitigations, in addition
operation and maintenance in support of Code, is amended—
to current efforts undertaken by the Depart-
contingency operations. (1) by redesignating paragraph (4) as para-
ment, that may be necessary to ensure the ‘‘(B) The display prepared under subpara- graph (5); and
continued operational viability and to in- graph (A) shall include a list of all construc- (2) by inserting after paragraph (3) the fol-
crease the resilience of military installa- tion projects described in such subparagraph lowing new paragraph (4):
tions, and the estimated costs of those miti- that were completed in the prior fiscal year, ‘‘(4) This subsection shall not apply to ad-
gations. that are ongoing, or that are expected for vance billing for background investigation
(c) CONSULTATION.—In developing the re- the next five fiscal years, and shall identify and related services performed by the De-
port required by subsection (a), the Sec- for each project— fense Counterintelligence and Security
retary of Defense shall consult with the Ad- ‘‘(i) the component of the Department of Agency.’’.
ministrator of the Environmental Protection Defense involved in the project; SEC. 375. REPEAL OF SUNSET FOR MINIMUM AN-
Agency, the Secretary of Energy, the Admin- ‘‘(ii) the location of the project; NUAL PURCHASE AMOUNT FOR CAR-
istrator of the National Oceanic and Atmos- ‘‘(iii) a brief description of the purpose of RIERS PARTICIPATING IN THE CIVIL
pheric Administration, the Administrator of the project; and RESERVE AIR FLEET.
the Federal Emergency Management Agen- ‘‘(iv) the actual or estimated cost of the Section 9515 of title 10, United States Code,
cy, the Commander of the Army Corps of En- project.’’. is amended by striking subsection (k).
gineers, the Administrator of the National (b) REPORT ON CONSTRUCTION PROJECTS IN SEC. 376. IMPROVEMENT OF THE OPERATIONAL
Aeronautics and Space Administration, a SUPPORT OF CONTINGENCY OPERATIONS.— ENERGY CAPABILITY IMPROVEMENT
federally funded research and development (1) IN GENERAL.—Not later than March 1, FUND OF THE DEPARTMENT OF DE-
center, and the heads of such other relevant FENSE.
2021, the Secretary of Defense shall submit
Federal agencies as the Secretary of Defense (a) MANAGEMENT OF THE OPERATIONAL EN-
to the congressional defense committees a
determines appropriate. ERGY CAPABILITY IMPROVEMENT FUND.—The
report on ways to improve the development,
(d) FORM OF REPORT.—The report required Assistant Secretary of Defense for
funding, and execution of construction
by subsection (a) shall be submitted in un- Sustainment shall exercise authority, direc-
projects in support of overseas contingency
classified form but may contain a classified tion, and control over the Operational En-
operations, including those funded with ergy Capability Improvement Fund of the
annex if necessary. amounts appropriated or otherwise made
(e) PUBLICATION.—Upon submittal of the Department of Defense (in this section re-
available for operation and maintenance and ferred to as the ‘‘OECIF’’).
report required by subsection (a), the Sec- those funded with amounts appropriated or
retary of Defense shall publish the unclassi- (b) ALIGNMENT AND COORDINATION WITH RE-
otherwise made available for military con- LATED PROGRAMS.—
fied portion of the report on an Internet struction. (1) REALIGNMENT OF OECIF.—Not later than
website of the Department of Defense that is (2) ELEMENTS.—The report required by 60 days after the date of the enactment of
available to the public. paragraph (1) shall include, at a minimum,
(f) DEFINITIONS.—In this section: this Act, the Secretary of Defense shall re-
the following: align the OECIF under the Assistant Sec-
(1) EXTREME WEATHER.—The term ‘‘extreme (A) An examination and comparison of the
weather’’ means recurrent flooding, drought, retary of Defense for Sustainment, with such
time required to plan, approve, and execute realignment to include personnel positions
desertification, wildfires, and thawing per- construction projects funded with operation
mafrost. adequate for the mission of the OECIF.
and maintenance amounts versus those fund- (2) BETTER COORDINATION WITH RELATED
(2) UNITED STATES.—The term ‘‘United ed with military construction amounts, in PROGRAMS.—The Assistant Secretary shall
States’’ means the several States, the Dis- support of contingency operations, including
trict of Columbia, and any territory or pos- ensure that the placement under the author-
construction projects in support of recent ity of the Assistant Secretary of the OECIF
session of the United States. operations in Afghanistan, Iraq, Syria, and along with the Strategic Environmental Re-
Subtitle E—Other Matters Eastern Europe. search Program, the Environmental Security
SEC. 371. PROHIBITION ON DIVESTITURE OF (B) A description of any challenges associ- Technology Certification Program, and the
MANNED INTELLIGENCE, SURVEIL- ated with the processes of the Department of Operational Energy Prototyping Program is
LANCE, AND RECONNAISSANCE AIR- Defense for planning, approving, and exe-
CRAFT OPERATED BY UNITED
utilized to advance common goals of the De-
cuting such projects. partment, promote organizational synergies,
STATES SPECIAL OPERATIONS COM-
MAND.
(C) A description of any ongoing or planned and avoid unnecessary duplication of effort.
efforts to improve such processes to promote (c) PROGRAM FOR OPERATIONAL ENERGY
No funds authorized to be appropriated by
efficiency and expediency in the develop- PROTOTYPING.—
this Act may be used to divest any manned
ment and execution of such projects. (1) IN GENERAL.—Commencing not later
intelligence, surveillance, and reconnais-
(D) Any recommendations with respect to than 90 days after the date of the enactment
sance aircraft operated by the United States
improving such processes, including those of this Act, the Secretary of Defense,
Special Operations Command, and the De-
from the commanders of the combatant com- through the Assistant Secretary of Defense
partment of Defense may not divest any
mands and the Secretaries of the military for Sustainment, shall carry out a program
manned intelligence, surveillance, and re-
departments. for the demonstration of technologies re-
connaissance aircraft operated by the United
SEC. 373. PROVISION OF PROTECTION TO THE lated to operational energy prototyping, in-
States Special Operations Command in fiscal NATIONAL MUSEUM OF THE MARINE
year 2021. cluding demonstration of operational energy
CORPS, THE NATIONAL MUSEUM OF
SEC. 372. INFORMATION ON OVERSEAS CON-
technology and validation prototyping.
THE UNITED STATES ARMY, THE NA-
STRUCTION PROJECTS IN SUPPORT TIONAL MUSEUM OF THE UNITED (2) OPERATION OF PROGRAM.—The Secretary
OF CONTINGENCY OPERATIONS STATES NAVY, AND THE NATIONAL shall ensure that the program under para-
USING FUNDS FOR OPERATION AND MUSEUM OF THE UNITED STATES graph (1) operates in conjunction with the
MAINTENANCE. AIR FORCE. OECIF to promote the transfer of innovative
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(a) ANNUAL BUDGET JUSTIFICATION DIS- Section 2465(b) of title 10, United States technologies that have successfully estab-
PLAY.—Section 2805(c) of title 10, United Code, is amended by adding at the end the lished proof of concept for use in production
States Code, is amended— following new paragraph: or in the field.
(1) by striking ‘‘The Secretary concerned’’ ‘‘(5) A contract for the performance of on- (3) PROGRAM ELEMENTS.—In carrying out
and inserting ‘‘(1) The Secretary concerned’’; site armed security guard functions to be the program under paragraph (1) the Sec-
and performed— retary shall—
(2) by adding at the end the following new ‘‘(A) at the Marine Corps Heritage Center (A) identify and demonstrate the most
paragraphs: at Marine Corps Base Quantico, Virginia, in- promising, innovative, and cost-effective
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S5004 CONGRESSIONAL RECORD — SENATE August 5, 2020
technologies and methods that address high- (2) develop procedures and criteria to as- markers. Congress expects the commission
priority operational energy requirements of sess whether an existing name, symbol, to further define what constitutes a grave
the Department of Defense; monument, display, or paraphernalia com- marker.
(B) in conducting demonstrations under memorates the Confederate States of Amer- SEC. 378. MODIFICATIONS TO REVIEW OF PRO-
subparagraph (A), the Secretary shall— ica or person who served voluntarily with POSED ACTIONS BY MILITARY AVIA-
(i) collect cost and performance data to the Confederate States of America; TION AND INSTALLATION ASSUR-
overcome barriers against employing an in- (3) recommend procedures for renaming as- ANCE CLEARINGHOUSE.
novative technology because of concerns re- sets of the Department of Defense to prevent Section 183a(c)(2) of title 10, United States
garding technical or programmatic risk; and commemoration of the Confederate States of Code, is amended—
(ii) ensure that components of the Depart- America or any person who served volun- (1) by striking ‘‘If the Clearinghouse’’ and
ment have time to establish new require- tarily with the Confederate States of Amer- inserting ‘‘(A) If the Clearinghouse’’; and
ments where necessary and plan, program, ica; (2) by adding at the end the following new
and budget for technology transition to pro- (4) develop a plan to remove names, sym- subparagraphs:
grams of record; bols, displays, monuments, or paraphernalia ‘‘(B) After the Clearinghouse issues a no-
(C) utilize project structures similar to that commemorate the Confederate States of tice under subparagraph (A) with respect to
those of the OECIF to ensure transparency America or any person who served volun- an energy project, the parties should seek to
and accountability throughout the efforts tarily with the Confederate States of Amer- identify feasible and affordable actions that
conducted under the program; and ica from assets of the Department of De- can be taken by the Department, the devel-
(D) give priority, in conjunction with the fense, within the timeline established by this oper of such energy project, or others to
OECIF, to the development and fielding of Act; and mitigate any adverse impact on military op-
clean technologies that reduce reliance on (5) include in the plan procedures and cri- erations and readiness.
fossil fuels. teria for collecting and incorporating local ‘‘(C) If the Secretary determines within a
(4) TOOL FOR ACCOUNTABILITY AND TRANSI- sensitivities associated with naming or re- reasonable period of time after the issuance
TION.— naming of assets of the Department of De- of a notice under subparagraph (A) with re-
(A) IN GENERAL.—In carrying out the pro- fense. spect to an energy project that the concerns
gram under paragraph (1) the Secretary shall (d) MEMBERSHIP.—The Commission shall be identified in the preliminary review con-
develop and utilize a tool to track relevant composed of eight members, of whom— ducted under paragraph (1) with respect to
investments in operational energy from ap- (1) four shall be appointed by the Secretary such project have been mitigated to the ex-
plied research to transition to use to ensure of Defense; tent that such project does not pose an unac-
user organizations have the full picture of (2) one shall be appointed by the Chairman ceptable level of risk to military operations
technology maturation and development. of the Committee on Armed Services of the and readiness, the Clearinghouse shall time-
(B) TRANSITION.—The tool developed and Senate; ly issue a mission compatibility letter to the
utilized under subparagraph (A) shall be de- (3) one shall be appointed by the Ranking applicant of such project, the governor of the
signed to overcome transition challenges Member of the Committee on Armed Serv- State in which such project is located, and
with rigorous and well-documented dem- ices of the Senate; the Secretary of the finding of the Clearing-
onstrations that provide the information (4) one shall be appointed by the Chairman house.’’.
needed by all stakeholders for acceptance of of the Committee on Armed Services of the SEC. 379. ADJUSTMENT IN AVAILABILITY OF AP-
the technology. House of Representatives; and PROPRIATIONS FOR UNUSUAL COST
(5) LOCATIONS.— (5) one shall be appointed by the Ranking OVERRUNS AND FOR CHANGES IN
(A) IN GENERAL.—The Secretary shall carry Member of the Committee on Armed Serv- SCOPE OF WORK.
out the testing and evaluation phase of the ices of the House of Representatives. Section 8683 of title 10, United States Code,
program under paragraph (1) at installations (e) APPOINTMENT.—Members of the Com- is amended by adding at the end the fol-
of the Department of Defense or in conjunc- mission shall be appointed not later than 45 lowing new subsection:
tion with exercises conducted by the Joint days after the date of the enactment of this ‘‘(c) TREATMENT OF AMOUNTS APPRO-
Staff, a combatant command, or a military Act. PRIATED AFTER END OF PERIOD OF OBLIGA-
department. (f) INITIAL MEETING.—The Commission TION.—In the application of section 1553(c) of
(B) FORMAL DEMONSTRATIONS.—The Sec- shall hold its initial meeting on the date title 31 to funds appropriated in the Oper-
retary shall carry out any formal demonstra- that is 60 days after the enactment of this ation and Maintenance, Navy account that
tions under the program under paragraph (1) Act. are available for ship overhaul, the Sec-
(g) BRIEFINGS AND REPORTS.—Not later retary of the Navy—
at installations of the Department or in
than October 1, 2021, the Commission shall ‘‘(1) may treat the limitation specified in
operational settings to document and vali-
brief the Committees on Armed Services of paragraph (1) of such section to be
date improved warfighting performance and
the Senate and House of Representatives de- ‘$10,000,000’ rather than ‘$4,000,000’; and
cost savings.
tailing the progress of the requirements ‘‘(2) may treat the limitation specified in
SEC. 377. COMMISSION ON THE NAMING OF
ITEMS OF THE DEPARTMENT OF DE-
under subsection (c). Not later than October paragraph (2) of such section to be
FENSE THAT COMMEMORATE THE 1, 2022, and not later than 90 days before the ‘$30,000,000’ rather than ‘$25,000,000’.’’.
CONFEDERATE STATES OF AMERICA implementation of the plan in subsection SEC. 380. REQUIREMENT THAT SECRETARY OF
OR ANY PERSON WHO SERVED VOL- (c)(4), the Commission shall present a brief- DEFENSE IMPLEMENT SECURITY
UNTARILY WITH THE CONFEDERATE ing and written report detailing the results AND EMERGENCY RESPONSE REC-
STATES OF AMERICA. of the requirements under subsection (c), in- OMMENDATIONS RELATING TO AC-
(a) REMOVAL.—Not later than three years cluding: TIVE SHOOTER OR TERRORIST AT-
after the date of the enactment of this Act, (1) A list of assets to be removed or re- TACKS ON INSTALLATIONS OF DE-
the Secretary of Defense shall implement PARTMENT OF DEFENSE.
named.
the plan submitted by the commission de- (2) Costs associated with the removal or re- (a) REQUIREMENT.—Not later than 90 days
scribed in paragraph (b) and remove all naming of assets in subsection (g)(1). after the date of the enactment of this Act,
names, symbols, displays, monuments, and (3) Criteria and requirements used to nomi- the Secretary of Defense shall implement
paraphernalia that honor or commemorate nate and rename assets in subsection (g)(1). the applicable security and emergency re-
the Confederate States of America (com- (4) Methods of collecting and incorporating sponse recommendations relating to active
monly referred to as the ‘‘Confederacy’’) or local sensitivities associated with the re- shooter or terrorist attacks on installations
any person who served voluntarily with the moval or renaming of assets in subsection of the Department of Defense made in the
Confederate States of America from all as- (g)(1). following reports:
sets of the Department of Defense. (h) FUNDING.— (1) The report by the Government Account-
(b) IN GENERAL.—The Secretary of Defense (1) AUTHORIZATION OF APPROPRIATIONS.— ability Office dated July 2015 entitled, ‘‘In-
shall establish a commission relating to as- There is authorized to be appropriated sider Threats: DOD Should Improve Informa-
signing, modifying, or removing of names, $2,000,000 to carry out this section. tion Sharing and Oversight to Protect U.S.
symbols, displays, monuments, and para- (2) OFFSET.—The amount authorized to be Installations’’ (GAO–15–543).
phernalia to assets of the Department of De- appropriated by the Act for fiscal year 2021 (2) The report prepared by the Department
fense that commemorate the Confederate for Operations and Maintenance, Army, sub of the Navy relating to the Washington Navy
States of America or any person who served activity group 434 - other personnel support Yard shooting in 2013.
voluntarily with the Confederate States of (3) The report by the Department of the
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is hereby reduced by $2,000,000.
America. (i) ASSETS DEFINED.—In this section, the Army dated August 2010 entitled ‘‘Fort Hood,
(c) DUTIES.—The Commission shall— term ‘‘assets’’ includes any base, installa- Army Internal Review Team: Final Report’’.
(1) assess the cost of renaming or removing tion, street, building, facility, aircraft, ship, (4) The independent review by the Depart-
names, symbols, displays, monuments, or plane, weapon, equipment, or any other prop- ment of Defense dated January 2010 entitled
paraphernalia that commemorate the Con- erty owned or controlled by the Department ‘‘Protecting the Force: Lessons from Fort
federate States of America or any person of Defense. Hood’’.
who served voluntarily with the Confederate (j) EXEMPTION FOR GRAVE MARKERS.—Shall (5) The report by the Department of the
States of America; not cover monuments but shall exempt grave Air Force dated October 2010 entitled ‘‘Air
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S5005
Force Follow-On Review: Protecting the (1) The Army National Guard of the United time on full-time operational support duty
Force: Lessons from Fort Hood’’. States, 336,500. under section 115(b) of title 10, United States
(b) NOTIFICATION OF INAPPLICABLE REC- (2) The Army Reserve, 189,800. Code, is the following:
OMMENDATIONS.— (3) The Navy Reserve, 58,800. (1) The Army National Guard of the United
(1) IN GENERAL.—If the Secretary deter- (4) The Marine Corps Reserve, 38,500. States, 17,000.
mines that a recommendation described in (5) The Air National Guard of the United (2) The Army Reserve, 13,000.
subsection (a) is outdated, is no longer appli- States, 108,100. (3) The Navy Reserve, 6,200.
cable, or has been superseded by more recent (6) The Air Force Reserve, 70,300. (4) The Marine Corps Reserve, 3,000.
separate guidance or recommendations set (7) The Coast Guard Reserve, 7,000. (5) The Air National Guard of the United
forth by the Government Accountability Of- (b) END STRENGTH REDUCTIONS.—The end States, 16,000.
fice, the Department of Defense, or another strengths prescribed by subsection (a) for the (6) The Air Force Reserve, 14,000.
entity in related contracted review, the Sec- Selected Reserve of any reserve component SEC. 415. SEPARATE AUTHORIZATION BY CON-
retary shall notify the Committees on shall be proportionately reduced by— GRESS OF MINIMUM END
Armed Services of the Senate and the House (1) the total authorized strength of units STRENGTHS FOR NON-TEMPORARY
of Representatives not later than 45 days organized to serve as units of the Selected MILITARY TECHNICIANS (DUAL STA-
after the date of the enactment of this Act. Reserve of such component which are on ac- TUS) AND MAXIMUM END
STRENGTHS FOR TEMPORARY MILI-
(2) IDENTIFICATION AND JUSTIFICATION.—The tive duty (other than for training) at the end
TARY TECHNICIANS (DUAL STATUS).
notification under paragraph (1) shall in- of the fiscal year; and
(2) the total number of individual members (a) IN GENERAL.—Section 115(d) of title 10,
clude an identification, set forth by report
not in units organized to serve as units of United States Code, is amended—
specified in subsection (a), of each rec-
the Selected Reserve of such component who (1) in the first sentence, by striking ‘‘the
ommendation that the Secretary determines
are on active duty (other than for training or end strength for military technicians (dual
should not be implemented, with a justifica-
for unsatisfactory participation in training) status)’’ and inserting ‘‘both the minimum
tion for each such determination.
without their consent at the end of the fiscal end strength for non-temporary military
SEC. 381. CLARIFICATION OF FOOD INGREDIENT
year. technicians (dual status) and the maximum
REQUIREMENTS FOR FOOD OR BEV-
ERAGES PROVIDED BY THE DEPART- (c) END STRENGTH INCREASES.—Whenever end strength for temporary military techni-
MENT OF DEFENSE. units or individual members of the Selected cians (dual status)’’; and
(a) IN GENERAL.—Before making any final Reserve of any reserve component are re- (2) in the third sentence, by striking ‘‘the
rule, statement, or determination regarding leased from active duty during any fiscal end strength requested for military techni-
the limitation or prohibition of any food or year, the end strength prescribed for such cians (dual status)’’ and inserting ‘‘the min-
beverage ingredient in military food service, fiscal year for the Selected Reserve of such imum end strength for non-temporary mili-
military medical foods, commissary food, or reserve component shall be increased propor- tary technicians (dual status), and the max-
commissary food service, the Secretary of tionately by the total authorized strengths imum end strength for temporary military
Defense shall publish in the Federal Register of such units and by the total number of technicians (dual status), requested’’.
a notice of a preliminary rule, statement, or such individual members. (b) EFFECTIVE DATE.—The amendments
determination (in this section referred to as SEC. 412. END STRENGTHS FOR RESERVES ON AC- made by subsection (a) shall take effect on
a ‘‘proposed action’’) and provide oppor- TIVE DUTY IN SUPPORT OF THE RE- the day after the date of the enactment of
tunity for public comment. SERVES. this Act. The amendment made by sub-
(b) MATTERS TO BE INCLUDED.—The Sec- Within the end strengths prescribed in sec- section (a)(2) shall apply with respect to
retary shall include in any notice published tion 411(a), the reserve components of the budgets submitted by the President to Con-
under subsection (a) the following: Armed Forces are authorized, as of Sep- gress under section 1105 of title 31, United
(1) The date of the notice. tember 30, 2021, the following number of Re- States Code, after such effective date.
(2) Contact information for the appropriate serves to be serving on full-time active duty Subtitle C—Authorization of Appropriations
office at the Department of Defense. or full-time duty, in the case of members of SEC. 421. MILITARY PERSONNEL.
(3) A summary of the notice. the National Guard, for the purpose of orga-
(a) AUTHORIZATION OF APPROPRIATIONS.—
(4) A date for comments to be submitted nizing, administering, recruiting, instruct-
Funds are hereby authorized to be appro-
and specific methods for submitting com- ing, or training the reserve components:
priated for fiscal year 2021 for the use of the
ments. (1) The Army National Guard of the United
Armed Forces and other activities and agen-
(5) A description of the substance of the States, 30,595.
cies of the Department of Defense for ex-
proposed action. (2) The Army Reserve, 16,511.
penses, not otherwise provided for, for mili-
(6) Findings and a statement of reasons (3) The Navy Reserve, 10,215.
tary personnel, as specified in the funding
supporting the proposed action. (4) The Marine Corps Reserve, 2,386.
table in section 4401.
TITLE IV—MILITARY PERSONNEL (5) The Air National Guard of the United
(b) CONSTRUCTION OF AUTHORIZATION.—The
AUTHORIZATIONS States, 25,333.
authorization of appropriations in subsection
(6) The Air Force Reserve, 5,256.
Subtitle A—Active Forces (a) supersedes any other authorization of ap-
SEC. 413. END STRENGTHS FOR MILITARY TECH-
SEC. 401. END STRENGTHS FOR ACTIVE FORCES. NICIANS (DUAL STATUS).
propriations (definite or indefinite) for such
purpose for fiscal year 2021.
The Armed Forces are authorized (a) IN GENERAL.—The authorized number of
strengths for active duty personnel as of military technicians (dual status) as of the TITLE V—MILITARY PERSONNEL POLICY
September 30, 2021, as follows: last day of fiscal year 2021 for the reserve Subtitle A—Officer Personnel Policy
(1) The Army, 485,000. components of the Army and the Air Force SEC. 501. REPEAL OF CODIFIED SPECIFICATION
(2) The Navy, 346,730. (notwithstanding section 129 of title 10, OF AUTHORIZED STRENGTHS OF
(3) The Marine Corps, 180,000. United States Code) shall be the following: CERTAIN COMMISSIONED OFFICERS
(4) The Air Force, 333,475. (1) For the Army National Guard of the ON ACTIVE DUTY.
SEC. 402. END STRENGTH LEVEL MATTERS. United States, 22,294. Effective as of October 1, 2021, the text of
(a) STRENGTH LEVELS TO SUPPORT TWO (2) For the Army Reserve, 6,492. section 523 of title 10, United States Code, is
MAJOR REGIONAL CONTINGENCIES.— (3) For the Air National Guard of the amended to read as follows:
(1) IN GENERAL.—Section 691 of title 10, United States, 10,994. ‘‘The total number of commissioned offi-
United States Code, is repealed. (4) For the Air Force Reserve, 7,947. cers serving on active duty in the Army, Air
(2) TABLE OF SECTIONS.—The table of sec- (b) LIMITATION.—Under no circumstances Force, or Marine Corps in each of the grades
tions at the beginning of chapter 39 of such may a military technician (dual status) em- of major, lieutenant colonel, or colonel, or in
title is amended by striking the item relat- ployed under the authority of this section be the Navy in each of the grades of lieutenant
ing to section 691. coerced by a State into accepting an offer of commander, commander, or captain, at the
(b) CERTAIN ACTIVE-DUTY AND SELECTED realignment or conversion to any other mili- end of any fiscal year shall be as specifically
RESERVE STRENGTHS.—Section 115 of such tary status, including as a member of the authorized by Act of Congress for such fiscal
title is amended— Active, Guard, and Reserve program of a re- year.’’.
(1) in subsection (f)(1), by striking ‘‘in- serve component. If a military technician SEC. 502. TEMPORARY EXPANSION OF AVAIL-
crease’’ and inserting ‘‘vary’’; and (dual status) declines to participate in such ABILITY OF ENHANCED CONSTRUC-
(2) in subsection (g)(1)(A), by striking ‘‘in- realignment or conversion, no further action TIVE SERVICE CREDIT IN A PAR-
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will be taken against the individual or the TICULAR CAREER FIELD UPON
crease’’ and inserting ‘‘vary’’.
individual’s position. ORIGINAL APPOINTMENT AS A COM-
Subtitle B—Reserve Forces MISSIONED OFFICER.
SEC. 414. MAXIMUM NUMBER OF RESERVE PER-
SEC. 411. END STRENGTHS FOR SELECTED RE- SONNEL AUTHORIZED TO BE ON AC- (a) REGULAR OFFICERS.—Subparagraph (D)
SERVE. TIVE DUTY FOR OPERATIONAL SUP- of section 533(b)(1) of title 10, United States
(a) IN GENERAL.—The Armed Forces are au- PORT. Code, is amended to read as follows:
thorized strengths for Selected Reserve per- During fiscal year 2021, the maximum num- ‘‘(D) Additional credit as follows:
sonnel of the reserve components as of Sep- ber of members of the reserve components of ‘‘(i) For special training or experience in a
tember 30, 2021, as follows: the Armed Forces who may be serving at any particular officer field as designated by the
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S5006 CONGRESSIONAL RECORD — SENATE August 5, 2020
Secretary concerned, if such training or ex- SEC. 504. SPECIAL SELECTION REVIEW BOARDS tunity to submit comments on such informa-
perience is directly related to the oper- FOR REVIEW OF PROMOTION OF OF- tion to the special selection review board be-
FICERS SUBJECT TO ADVERSE IN-
ational needs of the armed force concerned. fore its review of the person and the rec-
FORMATION IDENTIFIED AFTER
‘‘(ii) During fiscal years 2021 through 2025, RECOMMENDATION FOR PRO- ommendation for promotion of the person
for advanced education in an officer field so MOTION AND RELATED MATTERS. under this section.
designated, if such education is directly re- (a) REGULAR OFFICERS.— ‘‘(B) If information on a person described
lated to the operational needs of the armed (1) IN GENERAL.—Subchapter III of chapter in paragraph (1)(B) is not made available to
force concerned.’’. 36 of title 10, United States Code, is amended the person as otherwise required by subpara-
(b) RESERVE OFFICERS.—Section 12207(b)(1) by inserting after section 628 the following graph (A)(i) due to the classification status
of such title is amended— new section: of such information, the person shall, to the
(1) in the matter preceding subparagraph maximum extent practicable, be furnished a
‘‘§ 628a. Special selection review boards
(A), ‘‘or a designation in’’ and all that fol- summary of such information appropriate to
‘‘(a) IN GENERAL.—(1) If the Secretary of the person’s authorization for access to clas-
lows through ‘‘education or training,’’ and
the military department concerned deter- sified information.
inserting ‘‘and who has special training or mines that a person recommended by a pro-
experience, or advanced education (if appli- ‘‘(C)(i) An opportunity to submit com-
motion board for promotion to a grade at or ments on information is not required for a
cable),’’; and below the grade of major general, rear admi-
(2) by striking subparagraph (D) and in- person under subparagraph (A)(ii) if—
ral in the Navy, or an equivalent grade in ‘‘(I) such information was made available
serting the following new subparagraph: the Space Force is the subject of credible in-
‘‘(D) Additional credit as follows: to the person in connection with the fur-
formation of an adverse nature, including
‘‘(i) For special training or experience in a nishing of such information under section
any substantiated adverse finding or conclu-
particular officer field as designated by the 615(a) of this title to the promotion board
sion described in section 615(a)(3)(A) of this
Secretary concerned, if such training or ex- that recommended the promotion of the per-
title, that was not furnished to the pro-
perience is directly related to the oper- son subject to review under this section; and
motion board during its consideration of the
ational needs of the armed force concerned. person for promotion as otherwise required ‘‘(II) the person submitted comments on
‘‘(ii) During fiscal years 2021 through 2025, by such section, the Secretary shall convene such information to that promotion board.
for advanced education in an officer field so ‘‘(ii) The comments on information of a
a special selection review board under this
designated, if such education is directly re- person described in clause (i)(II) shall be fur-
section to review the person and recommend
lated to the operational needs of the armed nished to the special selection review board.
whether the recommendation for promotion
force concerned.’’. ‘‘(D) A person may waive either or both of
of the person should be sustained.
‘‘(2) If a person and the recommendation the following:
(c) ANNUAL REPORT.—
for promotion of the person is subject to re- ‘‘(i) The right to submit comments to a
(1) IN GENERAL.—Not later than February 1,
view under this section by a special selection special selection review board under sub-
2022, and every four years thereafter, each
review board convened under this section, paragraph (A)(ii).
Secretary of a military department shall
the name of the person— ‘‘(ii) The furnishing of comments to a spe-
submit to the Committees on Armed Serv-
‘‘(A) shall not be disseminated or publicly cial selection review board under subpara-
ices of the Senate and the House of Rep-
released on the list of officers recommended graph (C)(ii).
resentatives a report on the use of the au- ‘‘(d) CONSIDERATION.—(1) In considering the
thorities in subparagraph (D) of section for promotion by the promotion board rec-
record and information on a person under
553(b)(1) of title 10, United States Code (as ommending the promotion of the person; and
this section, the special selection review
amended by subsection (a)), and subpara- ‘‘(B) shall not be forwarded to the Sec-
board shall compare such record and infor-
graph (D) of section 12207(b)(1) of such title retary of Defense, the President, or the Sen-
mation with an appropriate sampling of the
(as amended by subsection (b)) (each referred ate, as applicable, or included on a pro-
records of those officers of the same com-
to in this subsection as a ‘‘constructive cred- motion list under section 624(a) of this title.
‘‘(b) CONVENING.—(1) Any special selection petitive category who were recommended for
it authority’’) during the preceding fiscal promotion by the promotion board that rec-
year for the Armed Forces under the juris- review board convened under this section
shall be convened in accordance with the ommended the person for promotion, and an
diction of such Secretary. appropriate sampling of the records of those
(2) ELEMENTS.—Each report under para- provisions of section 628(f) of this title.
‘‘(2) Any special selection review board officers who were considered by and not rec-
graph (1) shall include, for the fiscal year ommended for promotion by that promotion
and Armed Forces covered by such report, convened under this section may review such
number of persons, and recommendations for board.
the following: ‘‘(2) Records and information shall be pre-
(A) The manner in which constructive promotion of such persons, as the Secretary
of the military department concerned shall sented to a special selection review board for
service credit was calculated under each con- purposes of paragraph (1) in a manner that
structive credit authority. specify in convening such special selection
review board. does not indicate or disclose the person or
(B) The number of officers credited con- persons for whom the special selection re-
‘‘(c) INFORMATION CONSIDERED.—(1) In re-
structive service credit under each construc- view board was convened.
viewing a person and recommending whether
tive credit authority. the recommendation for promotion of the ‘‘(3) In considering whether the rec-
(C) A description and assessment of the person should be sustained under this sec- ommendation for promotion of a person
utility of the constructive credit authorities tion, a special selection review board con- should be sustained under this section, a spe-
in meeting the operational needs of the vened under this section shall be furnished cial selection review board shall, to the
Armed Force concerned. and consider the following: greatest extent practicable, apply standards
(D) Such other matters in connection with ‘‘(A) The record and information con- used by the promotion board that rec-
the constructive credit authorities as the cerning the person furnished in accordance ommended the person for promotion.
Secretary of the military department con- with section 615(a)(2) of this title to the pro- ‘‘(4) The recommendation for promotion of
cerned considers appropriate. motion board that recommended the person a person may be sustained under this section
SEC. 503. REQUIREMENT FOR PROMOTION SE- for promotion. only if the special selection review board de-
LECTION BOARD RECOMMENDATION ‘‘(B) Any credible information of an ad- termines that the person—
OF HIGHER PLACEMENT ON PRO- ‘‘(A) ranks on an order of merit created by
verse nature on the person, including any
MOTION LIST OF OFFICERS OF PAR-
substantiated adverse finding or conclusion the special selection review board as better
TICULAR MERIT.
from an officially documented investigation qualified for promotion than the sample offi-
(a) IN GENERAL.—Section 616(g) of title 10, cer highest on the order of merit list who
or inquiry described in section 615(a)(3)(A) of
United States Code, is amended— was considered by and not recommended for
this title.
(1) in paragraph (1)— ‘‘(2) The furnishing of information to a spe- promotion by the promotion board con-
(A) by striking ‘‘may’’ and inserting cial selection review board under paragraph cerned; and
‘‘shall’’; and (1)(B) shall be governed by the standards and ‘‘(B) is comparable in qualification for pro-
(B) by inserting ‘‘, pursuant to guidelines procedures referred to in paragraph (3)(C) of motion to those sample officers who were
and procedures prescribed by the Secretary,’’ section 615(a) of this title applicable to the recommended for promotion by that pro-
after ‘‘officers of particular merit’’; and furnishing of information described in para- motion board.
(2) in paragraph (3), by inserting ‘‘, pursu- graph (3)(A) of such section to selection ‘‘(5) A recommendation for promotion of a
ant to guidelines and procedures prescribed boards in accordance with that section. person may be sustained under this section
by the Secretary concerned,’’ after ‘‘shall ‘‘(3)(A) Before information on a person de-
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only by a vote of a majority of the members
recommend’’. scribed in paragraph (1)(B) is furnished to a of the special selection review board.
(b) EFFECTIVE DATE.—The amendments special selection review board for purposes of ‘‘(6) If a special selection review board does
made by subsection (a) shall take effect on this section, the Secretary of the military not sustain a recommendation for promotion
the date of the enactment of this Act, and department concerned shall ensure that— of a person under this section, the person
shall apply with respect to officers rec- ‘‘(i) such information is made available to shall be considered to have failed of selection
ommended for promotion by promotion se- the person; and for promotion.
lection boards convened on or after that ‘‘(ii) subject to subparagraphs (C) and (D), ‘‘(e) REPORTS.—(1) Each special selection
date. the person is afforded a reasonable oppor- review board convened under this section
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S5007
shall submit to the Secretary of the military (D) in paragraph (4), as redesignated by special selection review board for purposes of
department concerned a written report, subparagraph (B)— this section, the Secretary of the military
signed by each member of the board, con- (i) by striking ‘‘The appointment’’ and in- department concerned shall ensure that—
taining the name of each person whose rec- serting ‘‘(A) Except as provided in subpara- ‘‘(i) such information is made available to
ommendation for promotion it recommends graph (B), the appointment’’; and the person; and
for sustainment and certifying that the (ii) by adding at the end the following new ‘‘(ii) subject to subparagraphs (C) and (D),
board has carefully considered the record subparagraph: the person is afforded a reasonable oppor-
and information of each person whose name ‘‘(B) In the case of an officer whose pro- tunity to submit comments on such informa-
was referred to it. motion is delayed pursuant to paragraph tion to the special selection review board be-
‘‘(2) The provisions of sections 617(b) and (1)(F), requirements applicable to notice and fore its review of the person and the rec-
618 of this title apply to the report and pro- opportunity for response to such delay are ommendation for promotion of the person
ceedings of a special selection review board specified in section 628a(c)(3) of this title.’’. under this section.
convened under this section in the same (b) RESERVE OFFICERS.— ‘‘(B) If information on an officer described
manner as they apply to the report and pro- (1) IN GENERAL.—Chapter 1407 of title 10, in paragraph (1)(B) is not made available to
ceedings of a promotion board convened United States Code, is amended by inserting the person as otherwise required by subpara-
under section 611(a) of this title. after section 14502 the following new section: graph (A)(i) due to the classification status
‘‘(f) APPOINTMENT OF PERSONS.—(1) If the of such information, the person shall, to the
report of a special selection review board ‘‘§ 14502a. Special selection review boards
maximum extent practicable, be furnished a
convened under this section recommends the ‘‘(a) IN GENERAL.—(1) If the Secretary of
summary of such information appropriate to
sustainment of the recommendation for pro- the military department concerned deter-
the person’s authorization for access to clas-
motion to the next higher grade of a person mines that a person recommended by a pro-
sified information.
whose name was referred to it for review motion board for promotion to a grade at or ‘‘(C)(i) An opportunity to submit com-
under this section, and the President ap- below the grade of major general or rear ad- ments on information is not required for a
proves the report, the person shall, as soon miral in the Navy is the subject of credible person under subparagraph (A)(ii) if—
as practicable, be appointed to that grade in information of an adverse nature, including ‘‘(I) such information was made available
accordance with subsections (b) and (c) of any substantiated adverse finding or conclu- to the person in connection with the fur-
section 624 of this title. sion described in section 14107(a)(3)(A) of this nishing of such information under section
‘‘(2) A person who is appointed to the next title, that was not furnished to the pro- 14107(a) of this title to the promotion board
higher grade as described in paragraph (1) motion board during its consideration of the that recommended the promotion of the per-
shall, upon that appointment, have the same person for promotion as otherwise required son subject to review under this section; and
date of rank, the same effective date for the by such section, the Secretary shall convene ‘‘(II) the person submitted comments on
pay and allowances of that grade, and the a special selection review board under this such information to that promotion board.
same position on the active-duty list as the section to review the person and recommend ‘‘(ii) The comments on information of a
person would have had pursuant to the origi- whether the recommendation for promotion person described in clause (i)(II) shall be fur-
nal recommendation for promotion of the of the person should be sustained. nished to the special selection review board.
promotion board concerned. ‘‘(2) If a person and the recommendation ‘‘(D) A person may waive either or both of
‘‘(g) REGULATIONS.—(1) The Secretary of for promotion of the person is subject to re- the following:
Defense shall prescribe regulations to carry view under this section by a special selection ‘‘(i) The right to submit comments to a
out this section. Such regulations shall review board convened under this section, special selection review board under sub-
apply uniformly across the military depart- the name of the person— paragraph (A)(ii).
ments. ‘‘(A) shall not be disseminated or publicly ‘‘(ii) The furnishing of comments to a spe-
‘‘(2) Any regulation prescribed by the Sec- released on the list of officers recommended cial selection review board under subpara-
retary of a military department to supple- for promotion by the promotion board rec- graph (C)(ii).
ment the regulations prescribed pursuant to ommending the promotion of the person; and ‘‘(d) CONSIDERATION.—(1) In considering the
paragraph (1) may not take effect without ‘‘(B) shall not be forwarded to the Sec- record and information on a person under
the approval of the Secretary of Defense, in retary of Defense, the President, or the Sen- this section, the special selection review
writing. ate, as applicable, or included on a pro- board shall compare such record and infor-
‘‘(h) PROMOTION BOARD DEFINED.—In this motion list under section 14308(a) of this mation with an appropriate sampling of the
section, the term ‘promotion board ’means a title. records of those officers of the same com-
selection board convened by the Secretary of ‘‘(b) CONVENING.—(1) Any special selection petitive category who were recommended for
a military department under section 611(a) of review board convened under this section promotion by the promotion board that rec-
this title.’’. shall be convened in accordance with the ommended the person for promotion, and an
(2) CLERICAL AMENDMENT.—The table of provisions of section 14502(b)(2) of this title. appropriate sampling of the records of those
sections at the beginning of subchapter III of ‘‘(2) Any special selection review board officers who were considered by and not rec-
chapter 36 of such title is amended by insert- convened under this section may review such ommended for promotion by that promotion
ing after the item relating to section 628 the number of persons, and recommendations for board.
following new item: promotion of such persons, as the Secretary ‘‘(2) Records and information shall be pre-
‘‘628a. Special selection review boards.’’. of the military department concerned shall sented to a special selection review board for
(3) DELAY IN PROMOTION.—Section 624(d) of specify in convening such special selection purposes of paragraph (1) in a manner that
such title is amended— review board. does not indicate or disclose the person or
(A) in paragraph (1)— ‘‘(c) INFORMATION CONSIDERED.—(1) In re- persons for whom the special selection re-
(i) in subparagraph (D), by striking ‘‘or’’ at viewing a person and recommending whether view board was convened.
the end; the recommendation for promotion of the ‘‘(3) In considering whether the rec-
(ii) in subparagraph (E), by striking the pe- person should be sustained under this sec- ommendation for promotion of a person
riod at the end and inserting ‘‘; or’’; and tion, a special selection review board con- should be sustained under this section, a spe-
(iii) by inserting after subparagraph (E) vened under this section shall be furnished cial selection review board shall, to the
the following new subparagraph (F): and consider the following: greatest extent practicable, apply standards
‘‘(F) the Secretary of the military depart- ‘‘(A) The record and information con- used by the promotion board that rec-
ment concerned determines that credible in- cerning the person furnished in accordance ommended the person for promotion.
formation of an adverse nature, including a with section 14107(a)(2) of this title to the ‘‘(4) The recommendation for promotion of
substantiated adverse finding or conclusion promotion board that recommended the per- a person may be sustained under this section
described in section 615(a)(3)(A) of this title, son for promotion. only if the special selection review board de-
with respect to the officer will result in the ‘‘(B) Any credible information of an ad- termines that the person—
convening of a special selection review board verse nature on the person, including any ‘‘(A) ranks on an order of merit created by
under section 628a of this title to review the substantiated adverse finding or conclusion the special selection review board as better
officer and recommend whether the rec- from an officially documented investigation qualified for promotion than the sample offi-
ommendation for promotion of the officer or inquiry described in section 14107(a)(3)(A) cer highest on the order of merit list who
should be sustained.’’; of this title. was considered by and not recommended for
(B) by redesignating paragraphs (3) and (4) ‘‘(2) The furnishing of information to a spe- promotion by the promotion board con-
as paragraphs (4) and (5), respectively; cial selection review board under paragraph cerned; and
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(C) by inserting after paragraph (2) the fol- (1)(B) shall be governed by the standards and ‘‘(B) is comparable in qualification for pro-
lowing new paragraph (3): procedures referred to in paragraph (3)(B) of motion to those sample officers who were
‘‘(3) In the case of an officer whose pro- section 14107(a) of this title applicable to the recommended for promotion by that pro-
motion is delayed pursuant to paragraph furnishing of information described in para- motion board.
(1)(F) and whose recommendation for pro- graph (3)(A) of such section to promotion ‘‘(5) A recommendation for promotion of a
motion is sustained, authorities for the pro- boards in accordance with that section. person may be sustained under this section
motion of the officer are specified in section ‘‘(3)(A) Before information on person de- only by a vote of a majority of the members
628a(f) of this title.’’; and scribed in paragraph (1)(B) is furnished to a of the special selection review board.
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S5008 CONGRESSIONAL RECORD — SENATE August 5, 2020
‘‘(6) If a special selection review board does (B) in subsection (c), by adding at the end miral, the requirements in subparagraphs (A)
not sustain a recommendation for promotion the following new paragraph: and (B) may be met through the convening
of a person under this section, the person ‘‘(3) Notwithstanding paragraphs (1) and and actions of a special selection board with
shall be considered to have failed of selection (2), in the case of an officer whose promotion respect to the officer under section 14502a of
for promotion. is delayed pursuant to subsection (a)(1)(F), this title.’’.
‘‘(e) REPORTS.—(1) Each special selection requirements applicable to notice and oppor- SEC. 505. NUMBER OF OPPORTUNITIES FOR CON-
review board convened under this section tunity for response to such delay are speci- SIDERATION FOR PROMOTION
shall submit to the Secretary of the military fied in section 14502a(c)(3) of this title.’’. UNDER ALTERNATIVE PROMOTION
department concerned a written report, (c) REQUIREMENTS FOR FURNISHING AD- AUTHORITY.
signed by each member of the board, con- VERSE INFORMATION ON REGULAR OFFICERS TO Section 649c of title 10, United States Code,
taining the name of each person whose rec- PROMOTION SELECTION BOARDS.— is amended—
ommendation for promotion it recommends (1) EXTENSION OF REQUIREMENTS TO SPACE (1) by redesignating subsection (d) as sub-
for sustainment and certifying that the FORCE REGULAR OFFICERS.—Subparagraph section (e); and
board has carefully considered the record (B)(i) of section 615(a)(3) of title 10, United (2) by inserting after subsection (c) the fol-
and information of each person whose name States Code, is amended by striking ‘‘or, in lowing new subsection (d):
was referred to it. the case of the Navy, lieutenant’’ and insert- ‘‘(d) INAPPLICABILITY OF REQUIREMENT RE-
‘‘(2) The provisions of sections 14109(c), ing ‘‘, in the case of the Navy, lieutenant, or LATING TO OPPORTUNITIES FOR CONSIDERATION
14110, and 14111 of this title apply to the re- in the case of the Space Force, the equiva- FOR PROMOTION.—Section 645(1)(A)(i)(I) of
port and proceedings of a special selection lent grade’’. this title shall not apply to the promotion of
review board convened under this section in (2) SATISFACTION OF REQUIREMENTS officers described in subsection (a) to the ex-
the same manner as they apply to the report THROUGH SPECIAL SELECTION REVIEW tent that such section is inconsistent with a
and proceedings of a promotion board con- BOARDS.—Such section is further amended by number of opportunities for promotion speci-
vened under section 14101(a) of this title. adding at the end the following new subpara- fied pursuant to section 649d of this title.’’.
‘‘(f) APPOINTMENT OF PERSONS.—(1) If the graph:
report of a special selection review board SEC. 506. MANDATORY RETIREMENT FOR AGE.
‘‘(D) With respect to the consideration of
convened under this section recommends the an officer for promotion to a grade at or (a) GENERAL RULE.—Subsection (a) of sec-
sustainment of the recommendation for pro- below major general, in the case of the Navy, tion 1251 of title 10, United States Code, is
motion to the next higher grade of a person rear admiral, or, in the case of the Space amended—
whose name was referred to it for review Force, the equivalent grade, the require- (1) by inserting ‘‘Space Force,’’ after ‘‘or
under this section, and the President ap- ments in subparagraphs (A) and (C) may be Marine Corps,’’; and
proves the report, the person shall, as soon met through the convening and actions of a (2) by inserting ‘‘or separated, as specified
as practicable, be appointed to that grade in special selection review board with respect in subsection (e),’’ after ‘‘shall be retired’’.
accordance with section 14308 of this title. to the officer under section 628a of this (b) DEFERRED RETIREMENT OR SEPARATION
‘‘(2) A person who is appointed to the next title.’’. OF HEALTH PROFESSIONS OFFICERS.—Sub-
higher grade as described in paragraph (1) (3) DELAYED APPLICABILITY OF REQUIRE- section (b) of such section is amended—
shall, upon that appointment, have the same MENTS TO BOARDS FOR PROMOTION OF OFFICERS (1) in the subsection heading, by inserting
date of rank, the same effective date for the TO NON-GENERAL AND FLAG OFFICER GRADES.— ‘‘OR SEPARATION’’ after ‘‘RETIREMENT’’; and
pay and allowances of that grade, and the Subsection (c) of section 502 of the National (2) in paragraph (1), by inserting ‘‘or sepa-
same position on the reserve active-status Defense Authorization Act for Fiscal Year ration’’ after ‘‘retirement’’.
list as the person would have had pursuant 2020 (Public Law 116–92) is amended to read (c) DEFERRED RETIREMENT OR SEPARATION
to the original recommendation for pro- as follows: OF OTHER OFFICERS.—Subsection (c) of such
motion of the promotion board concerned. ‘‘(c) EFFECTIVE DATE AND APPLICABILITY.— section is amended—
‘‘(g) REGULATIONS.—(1) The Secretary of ‘‘(1) EFFECTIVE DATE.—The amendments (1) in the subsection heading, by striking
Defense shall prescribe regulations to carry made by this section shall take effect on De- ‘‘OF CHAPLAINS’’ and inserting ‘‘OR SEPARA-
out this section. Such regulations shall cember 20, 2019, and shall, except as provided TION OF OTHER OFFICERS’’;
apply uniformly across the military depart- in paragraph (2), apply with respect to the (2) by inserting ‘‘or separation’’ after ‘‘re-
ments. proceedings of promotion selection boards tirement’’; and
‘‘(2) Any regulation prescribed by the Sec- convened under section 611(a) of title 10, (3) by striking ‘‘an officer who is appointed
retary of a military department to supple- United States Code, after that date. or designated as a chaplain’’ and inserting
ment the regulations prescribed pursuant to ‘‘(2) DELAYED APPLICABILITY FOR BOARDS ‘‘any officer other than a health professions
paragraph (1) may not take effect without FOR PROMOTION TO NON-GENERAL AND FLAG OF- officer described in subsection (b)(2)’’.
the approval of the Secretary of Defense, in FICER GRADES.—The amendments made this (d) RETIREMENT OR SEPARATION BASED ON
writing. section shall apply with respect to the pro- YEARS OF CREDITABLE SERVICE.—Such sec-
‘‘(h) PROMOTION BOARD DEFINED.—In this ceedings of promotion selection boards con- tion is further amended by adding at the end
section, the term ‘promotion board ’means a vened under section 611(a) of title 10, United the following new subsection:
selection board convened by the Secretary of States Code, for consideration of officers for ‘‘(e) RETIREMENT OR SEPARATION BASED ON
a military department under section 14101(a) promotion to a grade below the grade of brig- YEARS OF CREDITABLE SERVICE.—The fol-
of this title.’’. adier general or, in the case of the Navy, lowing rules shall apply to a regular commis-
(2) CLERICAL AMENDMENT.—The table of rear admiral (lower half), only if such boards sioned officer who is to be retired or sepa-
sections at the beginning of chapter 1407 of are so convened after January 1, 2021.’’. rated under subsection (a):
such title is amended by inserting after the (d) REQUIREMENTS FOR FURNISHING AD- ‘‘(1) If the officer has at least 6 but fewer
item relating to section 14502 the following VERSE INFORMATION ON RESERVE OFFICERS TO than 20 years of creditable service, the offi-
new item: PROMOTION SELECTION BOARDS.—Section cer shall be separated, with separation pay
‘‘14502a. Special selection review boards.’’. 14107(a)(3) of title 10, United States Code, is computed under section 1174(d)(1) of this
(3) DELAY IN PROMOTION.—Section 14311 of amended— title.
such title is amended— (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; ‘‘(2) If the officer has fewer than 6 years of
(A) in subsection (a)— (2) in subparagraph (A), as designated by creditable service, the officer shall be sepa-
(i) in paragraph (1), by adding at the end paragraph (1), by striking ‘‘colonel, or, in the rated under subsection (a).’’.
the following new subparagraph: case of the Navy, captain’’ and inserting SEC. 507. CLARIFYING AND IMPROVING RESTATE-
‘‘(F) The Secretary of the military depart- ‘‘lieutenant colonel, or, in the case of the MENT OF RULES ON THE RETIRED
ment concerned determines that credible in- Navy, commander’’; and GRADE OF COMMISSIONED OFFI-
formation of adverse nature, including a sub- (3) by adding at the end the following new CERS.
stantiated adverse finding or conclusion de- subparagraphs (a) RESTATEMENT.—
scribed in section 14107(a)(3)(A) of this title, ‘‘(B) The standards and procedures referred (1) IN GENERAL.—Chapter 69 of title 10,
with respect to the officer will result in the to in subparagraph (A) shall require the fur- United States Code, is amended by striking
convening of a special selection review board nishing to the selection board, and to each section 1370 and inserting the following new
under section 14502a of this title to review individual member of the board, the informa- sections:
the officer and recommend whether the rec- tion described in that subparagraph with re-
ommendation for promotion of the officer gard to an officer in a grade specified in that ‘‘§ 1370. Regular commissioned officers
should be sustained.’’; and subparagraph at each stage or phase of the ‘‘(a) RETIREMENT IN HIGHEST GRADE IN
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(ii) by adding at the end the following new selection board, concurrent with the screen- WHICH SERVED SATISFACTORILY.—
paragraph: ing, rating, assessment, evaluation, discus- ‘‘(1) IN GENERAL.—Unless entitled to a dif-
‘‘(2) In the case of an officer whose pro- sion, or other consideration by the board or ferent retired grade under some other provi-
motion is delayed pursuant to paragraph member of the official military personnel sion of law, a commissioned officer (other
(1)(F) and whose recommendation for pro- file of the officer, or of the officer. than a commissioned warrant officer) of the
motion is sustained, authorities for the pro- ‘‘(C) With respect to the consideration of Army, Navy, Air Force, Marine Corps, or
motion of the officer are specified in section an officer for promotion to a grade at or Space Force who retires under any provision
14502a(f) of this title.’’; and below major general or, in the Navy, rear ad- of law other than chapter 61 or 1223 of this
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S5009
title shall be retired in the highest perma- that paragraph in individual cases involving tion of importance and responsibility des-
nent grade in which such officer is deter- extreme hardship or exceptional or unusual ignated by the President to carry the grade
mined to have served on active duty satisfac- circumstances. The authority of the Presi- of lieutenant general or general in the Army,
torily. dent under this paragraph may not be dele- Air Force, or Marine Corps, vice admiral or
‘‘(2) DETERMINATION OF SATISFACTORY SERV- gated. admiral in the Navy, or an equivalent grade
ICE.—The determination of satisfactory serv- ‘‘(4) LIMITATION ON REDUCTION OR WAIVER OF in the Space Force under section 601 of this
ice of an officer in a grade under paragraph REQUIREMENT FOR OFFICERS UNDER INVESTIGA- title may be retired in such grade under sub-
(1) shall be made as follows: TION OR PENDING MISCONDUCT.—In the case of section (a) only after the Secretary of De-
‘‘(A) By the Secretary of the military de- an officer to be retired in a grade above the fense certifies in writing to the President
partment concerned, if the officer is serving grade of colonel in the Army, Air Force, or and the Committees on Armed Services of
in a grade at or below the grade of major Marine Corps, captain in the Navy, or the the Senate and the House of Representatives
general, rear admiral in the Navy, or the equivalent grade in the Space Force, the that the officer served on active duty satis-
equivalent grade in the Space Force. service-in-grade requirement in paragraph factorily in such grade.
‘‘(B) By the Secretary of Defense, if the of- (1) may not be reduced pursuant to that ‘‘(2) PROHIBITION ON DELEGATION.—The au-
ficer is serving or has served in a grade above paragraph, or waived pursuant to paragraph thority of the Secretary of Defense to make
the grade of major general, rear admiral in (3), while the officer is under investigation a certification with respect to an officer
the Navy, or the equivalent grade in the for alleged misconduct or while there is under paragraph (1) may not be delegated.
Space Force. pending the disposition of an adverse per- ‘‘(3) REQUIREMENTS IN CONNECTION WITH
‘‘(3) EFFECT OF MISCONDUCT IN LOWER GRADE sonnel action against the officer. CERTIFICATION.—A certification with respect
IN DETERMINATION.—If the Secretary of a ‘‘(5) GRADE AND FISCAL YEAR LIMITATIONS to an officer under paragraph (1) shall—
military department or the Secretary of De- ON REDUCTION OR WAIVER OF REQUIREMENTS.— ‘‘(A) be submitted by the Secretary of De-
fense, as applicable, determines that an offi- The aggregate number of members of an fense such that it is received by the Presi-
cer committed misconduct in a lower grade armed force in a grade for whom reductions dent and the Committees on Armed Services
than the retirement grade otherwise pro- are made under paragraph (1), and waivers of the Senate and the House of Representa-
vided for the officer by this section— are made under paragraph (3), in a fiscal year tives not later than 60 days prior to the date
‘‘(A) such Secretary may deem the officer may not exceed— on which the officer will be retired in the
to have not served satisfactorily in any ‘‘(A) in the case of officers to be retired in grade concerned;
grade equal to or higher than such lower a grade at or below the grade of major in the ‘‘(B) include an up-to-date copy of the mili-
grade for purposes of determining the retire- Army, Air Force, or Marine Corps, lieuten- tary biography of the officer; and
ment grade of the officer under this section; ant commander in the Navy, or the equiva- ‘‘(C) include the statement of the Sec-
and lent grade in the Space Force, the number retary as to whether or not potentially ad-
‘‘(B) the grade next lower to such lower equal to two percent of the authorized ac- verse, adverse, or reportable information re-
grade shall be the retired grade of the officer tive-duty strength for that fiscal year for of- garding the officer was considered by the
under this section. ficers of that armed force in that grade; Secretary in making the certification.
‘‘(4) NATURE OF RETIREMENT OF CERTAIN RE- ‘‘(B) in the case of officers to be retired in ‘‘(4) CONSTRUCTION WITH OTHER NOTICE.—In
SERVE OFFICERS AND OFFICERS IN TEMPORARY the grade of lieutenant colonel or colonel in the case of an officer under paragraph (1) to
GRADES.—A reserve officer, or an officer ap- the Army, Air Force, or Marine Corps, com-
whom a reduction in the service-in-grade re-
pointed to a position under section 601 of mander or captain in the Navy, or an equiva-
quirement under subsection (b)(1) or waiver
this title, who is notified that the officer will lent grade in the Space Force, the number
under subsection (b)(3) applies, the require-
be released from active duty without the of- equal to four percent of the authorized ac-
ment for notification under subsection (b)(6)
ficer’s consent and thereafter requests re- tive-duty strength for that fiscal year for of-
is satisfied if the notification is included in
tirement under section 7311, 8323, or 9311 of ficers of that armed force in the applicable
the certification submitted by the Secretary
this title and is retired pursuant to that re- grade; or
of Defense under paragraph (1).
quest is considered for purposes of this sec- ‘‘(C) in the case of officers to be retired in
tion to have been retired involuntarily. the grade of brigadier general or major gen- ‘‘(d) CONDITIONAL RETIREMENT GRADE AND
‘‘(5) NATURE OF RETIREMENT OF CERTAIN RE- eral in the Army, Air Force, or Marine RETIREMENT FOR OFFICERS PENDING INVES-
MOVED OFFICERS.—An officer retired pursu- Corps, rear admiral (lower half) or rear ad- TIGATION OR ADVERSE ACTION.—
ant to section 1186(b)(1) of this title is con- miral in the Navy, or an equivalent grade in ‘‘(1) IN GENERAL.—When an officer serving
sidered for purposes of this section to have the Space Force, the number equal to 10 per- in a grade at or below the grade of major
been retired voluntarily. cent of the authorized active-duty strength general in the Army, Air Force, or Marine
‘‘(b) RETIREMENT OF OFFICERS RETIRING for that fiscal year for officers of that armed Corps, rear admiral in the Navy, or an equiv-
VOLUNTARILY.— force in the applicable grade. alent grade in the Space Force is under in-
‘‘(1) SERVICE-IN-GRADE REQUIREMENT.—In ‘‘(6) NOTICE TO CONGRESS ON REDUCTION OR vestigation for alleged misconduct or pend-
order to be eligible for voluntary retirement WAIVER OF REQUIREMENTS FOR GENERAL, FLAG, ing the disposition of an adverse personnel
under any provision of this title in a grade AND EQUIVALENT OFFICER GRADES.—In the action at the time of retirement, the Sec-
above the grade of captain in the Army, Air case of an officer to be retired in a grade retary of the military department concerned
Force, or Marine Corps, lieutenant in the that is a general or flag officer grade, or an may—
Navy, or the equivalent grade in the Space equivalent grade in the Space Force, who is ‘‘(A) conditionally determine the highest
Force, a commissioned officer of the Army, eligible to retire in that grade only by rea- permanent grade of satisfactory service on
Navy, Air Force, Marine Corps, or Space son of an exercise of the authority in para- active duty of the officer pending completion
Force must have served on active duty in graph (1) to reduce the service-in-grade re- of the investigation or resolution of the per-
that grade for a period of not less than three quirement in that paragraph, or the author- sonnel action, as applicable; and
years, except that— ity in paragraph (3) to waive that require- ‘‘(B) retire the officer in that conditional
‘‘(A) subject to subsection (c), the Sec- ment, the Secretary of Defense or the Presi- grade, subject to subsection (e).
retary of Defense may reduce such period to dent, as applicable, shall, not later than 60 ‘‘(2) OFFICERS IN O–9 AND O–10 GRADES.—
a period of not less than two years for any days prior to the date on which the officer When an officer described by subsection
officer; and will be retired in that grade, notify the Com- (c)(1) is under investigation for alleged mis-
‘‘(B) in the case of an officer to be retired mittees on Armed Services of the Senate and conduct or pending the disposition of an ad-
in a grade at or below the grade of major the House of Representatives of the exercise verse personnel action at the time of retire-
general in the Army, Air Force, or Marine of the applicable authority with respect to ment, the Secretary of Defense may—
Corps, rear admiral in the Navy, or an equiv- that officer. ‘‘(A) conditionally determine the highest
alent grade in the Space Force, the Sec- ‘‘(7) RETIREMENT IN NEXT LOWEST GRADE permanent grade of satisfactory service on
retary of Defense may authorize the Sec- FOR OFFICERS NOT MEETING REQUIREMENT.—An active duty of the officer, pending comple-
retary of the military department concerned officer described in paragraph (1) whose tion of the investigation or personnel action,
to reduce such period to a period of not less length of service in the highest grade held by as applicable; and
than two years. the officer while on active duty does not ‘‘(B) retire the officer in that conditional
‘‘(2) LIMITATION ON DELEGATION.—The au- meet the period of the service-in-grade re- grade, subject to subsection (e).
thority of the Secretary of Defense in sub- quirement applicable to the officer under ‘‘(3) REDUCTION OR WAIVER OF SERVICE-IN-
paragraph (A) of paragraph (1) may not be this subsection shall, subject to subsection GRADE REQUIREMENT PROHIBITED FOR GEN-
delegated. The authority of the Secretary of (c), be retired in the next lower grade in ERAL, FLAG, AND EQUIVALENT OFFICER
SSpencer on DSK126QN23PROD with SENATE
a military department in subparagraph (B) of which the officer served on active duty satis- GRADES.—In conditionally determining the
paragraph (1), as delegated to such Secretary factorily, as determined by the Secretary of retirement grade of an officer under para-
pursuant to such subparagraph, may not be the military department concerned or the graph (1)(A) or (2)(A) of this subsection to be
further delegated. Secretary of Defense, as applicable. a grade above the grade of colonel in the
‘‘(3) WAIVER OF REQUIREMENT.—Subject to ‘‘(c) OFFICERS IN O–9 AND O–10 GRADES.— Army, Air Force, or Marine Corps, captain in
subsection (c), the President may waive the ‘‘(1) IN GENERAL.—An officer of the Army, the Navy, or the equivalent grade in the
application of the service-in-grade require- Navy, Air Force, Marine Corps, or Space Space Force, the service-in-grade require-
ment in paragraph (1) to officers covered by Force who is serving or has served in a posi- ment in subsection (b)(1) may not be reduced
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S5010 CONGRESSIONAL RECORD — SENATE August 5, 2020
pursuant to subsection (b)(1) or waived pur- ‘‘(1) IN GENERAL.—Except for a conditional ‘‘(7) RECALCULATION OF RETIRED PAY.—If
suant to subsection (b)(3). determination authorized by subsection (d), the final retired grade of an officer is
‘‘(4) PROHIBITION ON DELEGATION.—The au- a determination of the retired grade of an of- changed through the reopening of the offi-
thority of the Secretary of a military depart- ficer pursuant to this section is administra- cer’s retired grade under this subsection, the
ment under paragraph (1) may not be dele- tively final on the day the officer is retired, retired pay of the officer under chapter 71 of
gated. The authority of the Secretary of De- and may not be reopened, except as provided this title shall be recalculated. Any modi-
fense under paragraph (2) may not be dele- in paragraph (2). fication of the retired pay of the officer as a
gated. ‘‘(2) REOPENING.—A final determination of result of the change shall go into effect on
‘‘(e) FINAL RETIREMENT GRADE FOLLOWING the retired grade of an officer may be re- the effective date of the change of the offi-
RESOLUTION OF PENDING INVESTIGATION OR opened as follows: cer’s retired grade, and the officer shall not
ADVERSE ACTION.— ‘‘(A) If the retirement or retired grade of be entitled or subject to any changed
‘‘(1) NO CHANGE FROM CONDITIONAL RETIRE- the officer was procured by fraud. amount of retired pay for any period before
MENT GRADE.—If the resolution of an inves- ‘‘(B) If substantial evidence comes to light such effective date. An officer whose retired
tigation or personnel action with respect to after the retirement that could have led to grade is changed as provided in paragraph
an officer who has been retired in a condi- determination of a different retired grade (6)(B) shall not be entitled or subject to a
tional retirement grade pursuant to sub- under this section if known by competent change in retired pay for any period before
section (d) results in a determination that authority at the time of retirement. the date on which the Senate provides advice
the conditional retirement grade in which ‘‘(C) If a mistake of law or calculation was and consent for the retirement of the officer
the officer was retired will not be changed, made in the determination of the retired in such grade.
the conditional retirement grade of the offi- grade. ‘‘(g) HIGHEST PERMANENT GRADE DE-
cer shall, subject to paragraph (3), be the ‘‘(D) If the applicable Secretary deter- FINED.—In this section, the term ‘highest
final retired grade of the officer. mines, pursuant to regulations prescribed by permanent grade’ means a grade at or below
‘‘(2) CHANGE FROM CONDITIONAL RETIREMENT the Secretary of Defense, that good cause ex- the grade of major general in the Army, Air
GRADE.—If the resolution of an investigation ists to reopen the determination of retired Force, or Marine Corps, rear admiral in the
or personnel action with respect to an officer grade. Navy, or an equivalent grade in the Space
who has been retired in a conditional retire- ‘‘(3) APPLICABLE SECRETARY.—For purposes Force.
ment grade pursuant to subsection (d) re- of this subsection, the applicable Secretary
sults in a determination that the conditional ‘‘§ 1370a. Officers entitled to retired pay for
for purposes of a determination or action
retirement grade in which the officer was re- non-regular service
specified in this subsection is—
tired should be changed, the changed retire- ‘‘(A) the Secretary of the military depart- ‘‘(a) RETIREMENT IN HIGHEST GRADE HELD
ment grade shall be the final retired grade of ment concerned, in the case of an officer re- SATISFACTORILY.—Unless entitled to a dif-
the officer under this section, except that if tired in a grade at or below the grade of ferent grade, or to credit for satisfactory
the final retirement grade provided for an of- major general in the Army, Air Force, or service in a different grade under some other
ficer pursuant to this paragraph is the grade Marine Corps, rear admiral in the Navy, or provision of law, a person who is entitled to
of lieutenant general or general in the Army, the equivalent grade in the Space Force; or retired pay under chapter 1223 of this title
Air Force, or Marine Corps, vice admiral or ‘‘(B) the Secretary of Defense, in the case shall, upon application under section 12731 of
admiral in the Navy, or an equivalent grade of an officer retired in a grade of lieutenant this title, be credited with satisfactory serv-
in the Space Force, the requirements in sub- general or general in the Army, Air Force, or ice in the highest permanent grade in which
section (c) shall apply in connection with the Marine Corps, vice admiral or admiral in the that person served satisfactorily at any time
retirement of the officer in such final retire- Navy, or an equivalent grade in the Space in the armed forces, as determined by the
ment grade. Force. Secretary of the military department con-
‘‘(3) RECALCULATION OF RETIRED PAY.— ‘‘(4) NOTICE AND LIMITATION.—If a final de- cerned in accordance with this section.
‘‘(A) IN GENERAL.—If the final retired grade termination of the retired grade of an officer ‘‘(b) SERVICE-IN-GRADE REQUIREMENT FOR
of an officer is as a result of a change under is reopened in accordance with paragraph (2), OFFICERS IN GRADES BELOW O–5.—In order to
paragraph (2), the retired pay of the officer the applicable Secretary— be credited with satisfactory service in an of-
under chapter 71 of this title shall be recal- ‘‘(A) shall notify the officer of the reopen- ficer grade (other than a warrant officer
culated accordingly, with any modification ing; and grade) below the grade of lieutenant colonel
of the retired pay of the officer to go into ef- ‘‘(B) may not make an adverse determina- or commander (in the case of the Navy), a
fect as of the date of the retirement of the tion on the retired grade of the officer until person covered by subsection (a) must have
officer. the officer has had a reasonable opportunity served satisfactorily in that grade (as deter-
‘‘(B) PAYMENT OF HIGHER AMOUNT FOR PE- to respond regarding the basis for the re- mined by the Secretary of the military de-
RIOD OF CONDITIONAL RETIREMENT GRADE.—If opening of the officer’s retired grade. partment concerned) as a reserve commis-
the recalculation of the retired pay of an of- ‘‘(5) ADDITIONAL NOTICE ON REOPENING FOR sioned officer in an active status, or in a re-
ficer results in an increase in retired pay, OFFICERS RETIRED IN O–9 AND O–10 GRADES.—If tired status on active duty, for not less than
the officer shall be paid the amount by which the determination of the retired grade of an six months.
such increased retired pay exceeded the officer whose retired grade was provided for ‘‘(c) SERVICE-IN-GRADE REQUIREMENT FOR
amount of retired pay paid the officer for re- pursuant to subsection (c) is reopened, the OFFICES IN GRADES ABOVE O–4.—
tirement in the officer’s conditional grade Secretary of Defense shall also notify the ‘‘(1) IN GENERAL.—In order to be credited
during the period beginning on the date of President and the Committees on Armed with satisfactory service in an officer grade
the retirement of the officer in such condi- Services of the Senate and the House of Rep- above major or lieutenant commander (in
tional grade and ending on the effective date resentatives. the case of the Navy), a person covered by
of the change of the officer’s retired grade. ‘‘(6) MANNER OF MAKING OF CHANGE.—If the subsection (a) must have served satisfac-
For an officer whose retired grade is deter- retired grade of an officer is proposed to be torily in that grade (as determined by the
mined pursuant to subsection (c), the effec- changed through the reopening of the final Secretary of the military department con-
tive date of the change of the officer’s re- determination of an officer’s retired grade cerned) as a reserve commissioned officer in
tired grade for purposes of this subparagraph under this subsection, the change in grade an active status, or in a retired status on ac-
shall be the date that is 60 days after the shall be made— tive duty, for not less than three years.
date on which the Secretary of Defense sub- ‘‘(A) in the case of an officer whose retired ‘‘(2) SATISFACTION OF REQUIREMENT BY CER-
mits to the Committees on Armed Services grade is to be changed to a grade at or below TAIN OFFICERS NOT COMPLETING THREE
of the Senate and the House of Representa- the grade of major general in the Army, Air YEARS.—A person covered by paragraph (1)
tives the certification required by subsection Force or Marine Corps, rear admiral in the who has completed at least six months of
(c) in connection with the retired grade of Navy, or the equivalent grade in the Space satisfactory service in grade may be credited
the officer. Force, in accordance with subsections (a) with satisfactory service in the grade in
‘‘(C) RECOUPMENT OF OVERAGE DURING PE- and (b)— which serving at the time of transfer or dis-
RIOD OF CONDITIONAL RETIREMENT GRADE.—If ‘‘(i) by the Secretary of Defense (who may charge, notwithstanding failure of the person
the recalculation of the retired pay of an of- delegate such authority only as authorized to complete three years of service in that
ficer results in a decrease in retired pay, by clause (ii)); or grade, if the person is transferred from an
there shall be recouped from the officer the ‘‘(ii) if authorized by the Secretary of De- active status or discharged as a reserve com-
amount by which the amount of retired pay fense, by the Secretary of the military de- missioned officer—
partment concerned (who may not further ‘‘(A) solely due to the requirements of a
SSpencer on DSK126QN23PROD with SENATE
paid the officer for retirement in the offi-
cer’s conditional grade exceeded such de- delegate such authority); nondiscretionary provision of law requiring
creased retired pay during the period begin- ‘‘(B) in the case of an officer whose retired that transfer or discharge due to the person’s
ning on the date of the retirement of the of- grade is to be changed to the grade of lieu- age or years of service; or
ficer in such conditional grade and ending on tenant general or general in the Army, Air ‘‘(B) because the person no longer meets
the effective date of the change of the offi- Force, or Marine Corps, vice admiral or ad- the qualifications for membership in the
cer’s retired grade. miral in the Navy, or an equivalent grade in Ready Reserve solely because of a physical
‘‘(f) FINALITY OF RETIRED GRADE DETER- the Space Force, by the President, by and disability, as determined, at a minimum, by
MINATIONS.— with the advice and consent of the Senate. a medical evaluation board and at the time
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S5011
of such transfer or discharge the person (pur- in section 324(b) of such title, the person may ‘‘(4) CONSTRUCTION WITH OTHER NOTICE.—In
suant to section 12731b of this title or other- be credited with satisfactory service in that the case of an officer under paragraph (1)
wise) meets the service requirements estab- grade, notwithstanding the failure of the who is eligible to be credited with service in
lished by section 12731(a) of this title for eli- person to complete three years of service in a grade only by reason of the exercise of the
gibility for retired pay under chapter 1223 of that grade. authority in subsection (c)(3)(C) to reduce
this title, unless the disability is described ‘‘(6) OFFICERS RECOMMENDED FOR PRO- the three-year service-in-grade requirement
in section 12731b of this title. MOTION SERVING IN CERTAIN GRADE BEFORE under subsection (c)(1), the requirement for
‘‘(3) REDUCTION IN SERVICE-IN-GRADE RE- PROMOTION.—To the extent authorized by the notification under subsection (c)(3)(D) is sat-
QUIREMENTS.— Secretary of the military department con- isfied if the notification is included in the
‘‘(A) OFFICERS IN GRADES BELOW GENERAL cerned, a person who, after having been rec- certification submitted by the Secretary of
AND FLAG OFFICER GRADES.—In the case of a ommended for promotion in a report of a Defense under paragraph (1).
person to be retired in a grade below briga- promotion board but before being promoted ‘‘(e) CONDITIONAL RETIREMENT GRADE AND
dier general or rear admiral (lower half) in to the recommended grade, served in a posi- RETIREMENT FOR OFFICERS UNDER INVESTIGA-
the Navy, the Secretary of Defense may au- tion for which that grade is the minimum TION FOR MISCONDUCT OR PENDING ADVERSE
thorize the Secretary of a military depart- authorized grade may be credited for pur- PERSONNEL ACTION.—The retirement grade,
ment to reduce, subject to subparagraph (B), poses of paragraph (1) as having served in and retirement, of a person covered by this
the three-year period of service-in-grade re- that grade for the period for which the per- section who is under investigation for al-
quired by paragraph (1) to a period not less son served in that position while in the next leged misconduct or pending the disposition
than two years. The authority of the Sec- lower grade. The period credited may not in- of an adverse personnel action at the time of
retary of a military department under this clude any period before the date on which retirement is as provided for by section
subparagraph may not be delegated. the Senate provides advice and consent for 1370(d) of this title. In the application of
‘‘(B) LIMITATION.—The number of reserve the appointment of that person in the rec- such section 1370(d) for purposes of this sub-
commissioned officers of an armed force in ommended grade. section, any reference ‘active duty’ shall be
the same grade for whom a reduction is made ‘‘(7) OFFICERS QUALIFIED FOR FEDERAL REC- deemed not to apply, and any reference to a
under subparagraph (A) during any fiscal OGNITION SERVING IN CERTAIN GRADE BEFORE
provision of section 1370 of this title shall be
year in the period of service-in-grade other- APPOINTMENT.—To the extent authorized by
deemed to be a reference to the analogous
wise required by paragraph (1) may not ex- the Secretary of the military department
provision of this section.
ceed the number equal to 2 percent of the concerned, a person who, after having been
strength authorized for that fiscal year for found qualified for Federal recognition in a ‘‘(f) FINAL RETIREMENT GRADE FOLLOWING
reserve commissioned officers of that armed higher grade by a board under section 307 of RESOLUTION OF PENDING INVESTIGATION OR
force in an active status in that grade. title 32, serves in a position for which that ADVERSE ACTION.—The final retirement
‘‘(C) OFFICERS IN GENERAL AND FLAG OFFI- grade is the minimum authorized grade and grade under this section of a person de-
CERS GRADES.—The Secretary of Defense may is appointed as a reserve officer in that grade scribed in subsection (e) following resolution
reduce the three-year period of service-in- may be credited for the purposes of para- of the investigation or personnel action con-
grade required by paragraph (1) to a period graph (1) as having served in that grade. The cerned is the final retirement grade provided
not less than two years for any person, in- period of the service for which credit is af- for by section 1370(e) of this title. In the ap-
cluding a person who, upon transfer to the forded under the preceding sentence may be plication of such section 1370(e) for purposes
Retired Reserve or discharge, is to be cred- only the period for which the person served of this subsection, any reference to a provi-
ited with satisfactory service in a general or in the position after the Senate provides ad- sion of section 1370 of this title shall be
flag officer grade under that paragraph. The vice and consent for the appointment. deemed to be a reference to the analogous
authority of the Secretary of Defense under ‘‘(8) RETIREMENT IN NEXT LOWEST GRADE provision of this section. In the application
this subparagraph may not be delegated. FOR OFFICERS NOT MEETING SERVICE-IN-GRADE of paragraph (3) of such section 1370e(e) for
‘‘(D) NOTICE TO CONGRESS ON REDUCTION IN REQUIREMENTS.—A person whose length of purposes of this subsection, the reference to
SERVICE-IN-GRADE REQUIREMENTS FOR GEN- service in the highest grade held does not ‘chapter 71’ of this title shall be deemed to
ERAL AND FLAG OFFICER GRADES.—In the case meet the service-in-grade requirements spec- be a reference to ‘chapter 1223 of this title’.
of a person to be credited under this section ified in this subsection shall be credited with ‘‘(g) FINALITY OF RETIRED GRADE DETER-
with satisfactory service in a grade that is a satisfactory service in the next lower grade MINATIONS.—
general or flag officer grade who is eligible in which that person served satisfactorily (as ‘‘(1) IN GENERAL.—Except for a conditional
to be credited with such service in that grade determined by the Secretary of the military determination authorized by subsection (e),
only by reason of an exercise of authority in department concerned) for not less than six a determination of the retired grade of a per-
subparagraph (C) to reduce the three-year months. son pursuant to this section is administra-
service-in-grade requirement otherwise ap- ‘‘(d) OFFICERS IN O–9 AND O–10 GRADES.— tively final on the day the person is retired,
plicable under paragraph (1), the Secretary ‘‘(1) IN GENERAL.—A person covered by this and may not be reopened.
of Defense shall, not later than 60 days prior section in the Army, Navy, Air Force, or Ma- ‘‘(2) REOPENING.—A determination of the
to the date on which the person will be cred- rine Corps who is serving or has served in a retired grade of a person may be reopened in
ited with such satisfactory service in that position of importance and responsibility accordance with applicable provisions of sec-
grade, notify the Committees on Armed designated by the President to carry the tion 1370(f) of this title. In the application of
Services of the Senate and the House of Rep- grade of lieutenant general or general in the such section 1370(f) for purposes of this sub-
resentatives of the exercise of authority in Army, Air Force, or Marine Corps, or vice section, any reference to a provision of sec-
subparagraph (C) with respect to that per- admiral or admiral in the Navy under sec- tion 1370 of this title shall be deemed to be
son. tion 601 of this title may be retired in such a reference to the analogous provision of this
‘‘(4) OFFICERS SERVING IN GRADES ABOVE O– grade under subsection (a) only after the section. In the application of paragraph (7) of
6 INVOLUNTARILY TRANSFERRED FROM ACTIVE Secretary of Defense certifies in writing to such section 1370(f) for purposes of this para-
STATUS.—A person covered by paragraph (1) the President and the Committees on Armed graph, the reference to ‘chapter 71 of this
who has completed at least six months of Services of the Senate and the House of Rep- title’ shall be deemed to be a reference to
satisfactory service in a grade above colonel resentatives that the officer served satisfac- ‘chapter 1223 of this title’.
or (in the case of the Navy) captain and, torily in such grade. ‘‘(h) HIGHEST PERMANENT GRADE DE-
while serving in an active status in such ‘‘(2) PROHIBITION ON DELEGATION.—The au- FINED.—In this section, the term ‘highest
grade, is involuntarily transferred (other thority of the Secretary of Defense to make permanent grade’ means a grade at or below
than for cause) from active status may be a certification with respect to an officer the grade of major general in the Army, Air
credited with satisfactory service in the under paragraph (1) may not be delegated. Force, or Marine Corps or rear admiral in
grade in which serving at the time of such ‘‘(3) REQUIREMENTS IN CONNECTION WITH the Navy.’’.
transfer, notwithstanding failure of the per- CERTIFICATION.—A certification with respect (2) CLERICAL AMENDMENT.—The table of
son to complete three years of service in to an officer under paragraph (1) shall— sections at the beginning of chapter 69 of
that grade. ‘‘(A) be submitted by the Secretary of De- title 10, United States Code, is amended by
‘‘(5) ADJUTANTS AND ASSISTANT ADJUTANTS fense such that it is received by the Presi- striking the item relating to section 1370 and
GENERAL.—If a person covered by paragraph dent and the Committees on Armed Services inserting the following new items:
(1) has completed at least six months of sat- of the Senate and the House of Representa-
isfactory service in grade, the person was tives not later than 60 days prior to the date ‘‘1370. Regular commissioned officers.
serving in that grade while serving in a posi- on which the officer will be retired in the ‘‘1370a. Officers entitled to retired pay for
SSpencer on DSK126QN23PROD with SENATE
tion of adjutant general required under sec- grade concerned; non-regular service.’’.
tion 314 of title 32 or while serving in a posi- ‘‘(B) include an up-to-date copy of the mili- (b) CONFORMING AND TECHNICAL AMEND-
tion of assistant adjutant general subordi- tary biography of the officer; and MENTS TO RETIRED GRADE RULES FOR THE
nate to such a position of adjutant general, ‘‘(C) include the statement of the Sec- ARMED FORCES.—
and the person has failed to complete three retary as to whether or not potentially ad- (1) RETIRED PAY.—Title 10, United States
years of service in that grade solely because verse, adverse, or reportable information re- Code, is amended as follows:
the person’s appointment to such position garding the officer was considered by the (A) In section 1406(b)(2), by striking ‘‘sec-
has been terminated or vacated as described Secretary in making the certification. tion 1370(d)’’ and inserting ‘‘section 1370a’’.
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S5012 CONGRESSIONAL RECORD — SENATE August 5, 2020
(B) In section 1407(f)(2)(B), by striking ‘‘by Subsection (b) of section 526a of title 10, SEC. 517. TEMPORARY AUTHORITY TO ORDER RE-
reason of denial of a determination or cer- United States Code, is amended by adding at TIRED MEMBERS TO ACTIVE DUTY
IN HIGH-DEMAND, LOW-DENSITY AS-
tification under section 1370’’ and inserting the end the following new paragraph: SIGNMENTS DURING WAR OR NA-
‘‘pursuant to section 1370 or 1370a’’. ‘‘(3) DUTY FOR CERTAIN RESERVE OFFICERS.— TIONAL EMERGENCY.
(2) ARMY.—Section 7341 of such title is Of the officers designated pursuant to para- Section 688a of title 10, United States Code,
amended— graph (1), the Chairman of the Joint Chiefs is amended—
(A) by striking subsection (a) and inserting of Staff may designate up to 15 general and (1) by redesignating subsection (g) as sub-
the following new subsection (a): flag officer positions in the unified and speci- section (h); and
‘‘(a)(1) The retired grade of a regular com- fied combatant commands, and up to three (2) by inserting after subsection (f) the fol-
missioned officer of the Army who retires general and flag officer positions on the lowing new subsection (g):
other than for physical disability is deter- Joint Staff, as positions to be held only by ‘‘(g) EXCEPTIONS DURING PERIODS OF WAR
mined under section 1370 of this title. reserve officers who are in a general or flag OR NATIONAL EMERGENCY.—The limitations
‘‘(2) The retired grade of a reserve commis- officer grade below lieutenant general or in subsections (c) and (f) shall not apply dur-
sioned officer of the Army who retires other vice admiral. Each position so designated ing a time of war or of national emergency
than for physical disability is determined shall be considered to be a joint duty assign- declared by Congress or the President.’’.
under section 1370a of this title.’’; and ment position for purposes of chapter 38 of SEC. 518. CERTIFICATE OF RELEASE OR DIS-
(B) in subsection (b)— this title.’’. CHARGE FROM ACTIVE DUTY (DD
(i) by striking ‘‘he’’ and inserting ‘‘the FORM 214) MATTERS.
member’’; and (b) RESERVE OFFICERS ON ACTIVE DUTY FOR
TRAINING OR FOR LESS THAN 180 DAYS.—Such (a) REDESIGNATION AS CERTIFICATE OF MILI-
(ii) by striking ‘‘his’’ and inserting ‘‘the
section is further amended— TARY SERVICE.—
member’s’’.
(1) by redesignating subsections (c) (1) IN GENERAL.—Department of Defense
(3) NAVY AND MARINE CORPS.—Such title is
through (h) as subsections (d) through (i), re- Form DD 214, the Certificate of Release or
further amended as follows:
spectively; and Discharge from Active Duty, is hereby redes-
(A) In section 8262(a), by striking ‘‘sections
(2) by inserting after subsection (b) the fol- ignated as the Certificate of Military Serv-
689 and 1370’’ and inserting ‘‘section 689, and
lowing new subsection: ice.
section 1370 or 1370a (as applicable),’’.
(2) CONFORMING AMENDMENT.—Section
(B) In section 8323(c), by striking ‘‘section ‘‘(c) RESERVE OFFICERS ON ACTIVE DUTY 1168(a) of title 10, United States Code, is
1370 of this title’’ and inserting ‘‘section 1370 FOR TRAINING OR FOR LESS THAN 180 DAYS.— amended by striking ‘‘discharge certificate
or 1370a of this title, as applicable’’. The limitations of this section do not apply or certificate of release from active duty, re-
(4) AIR FORCE AND SPACE FORCE.—Section to a reserve general or flag officer who— spectively,’’ and inserting ‘‘Certificate of
9341 of such title is amended— ‘‘(1) is on active duty for training; or Military Serve’’.
(A) by striking subsection (a) and inserting ‘‘(2) is on active duty under a call or order (3) REFERENCES.—Any reference in a law,
the following new subsection (a): specifying a period of less than 180 days.’’. regulation, document, paper, or other record
‘‘(a)(1) The retired grade of a regular com-
Subtitle C—General Service Authorities of the United States to Department of De-
missioned officer of the Air Force or the
fense Form DD 214, the Certificate of Release
Space Force who retires other than for phys-
SEC. 516. INCREASED ACCESS TO POTENTIAL RE- or Discharge from Active Duty, shall be
ical disability is determined under section CRUITS. deemed to be a reference to the Certificate of
1370 of this title.
‘‘(2) The retired grade of a reserve commis- Military Service.
(a) SECONDARY SCHOOLS.—Section 503(c)(1)
sioned officer of the Air Force or the Space (4) TECHNICAL AMENDMENTS.—Such section
of title 10, United States Code, is amended—
Force who retires other than for physical 1168(a) is further amended—
(1) in subparagraph (A)—
disability is determined under section 1370a (A) by striking ‘‘until his’’ and inserting
(A) in clause (i), by striking ‘‘and’’ at the
of this title.’’; and ‘‘until the member’s’’;
end;
(B) in subsection (b)— (B) by striking ‘‘his final pay’’ and insert-
(B) in clause (ii), by striking ‘‘and tele-
(i) by inserting ‘‘or a Regular or Reserve of ing ‘‘the member’s final pay’’; and
phone listings,’’ and all that follows through
the Space Force’’ after ‘‘Air Force’’; (C) by striking ‘‘him or his next of kin’’
the period at the end and inserting ‘‘elec-
(ii) by striking ‘‘he’’ and inserting ‘‘the and inserting ‘‘the member or the member’s
tronic mail addresses, home telephone num-
member’’; and next of kin’’.
bers, and mobile telephone numbers, not-
(iii) by striking ‘‘his’’ and inserting ‘‘the (5) EFFECTIVE DATES.—
withstanding subsection (a)(5)(B) or (b) of
member’s’’. (A) IN GENERAL.—Except as provided in
section 444 of the General Education Provi-
(5) RESERVE OFFICERS.—Section 12771 of subparagraph (B), this subsection and the
sions Act (20 U.S.C. 1232g); and’’; and
such title is amended— amendments made by this subsection shall
(C) by adding at the end the following new
(A) in subsection (a), by striking ‘‘section take effect on the date provided for in sub-
clause:
1370(d)’’ and inserting ‘‘section 1370a of this section (d) of section 569 of the National De-
‘‘(iii) shall provide information requested
title’’; and fense Authorization Act for Fiscal Year 2020
pursuant to clause (ii) within a reasonable
(B) in subsection (b)(1), by striking ‘‘sec- (Public Law 116–92), as redesignated by sub-
period of time, but in no event later than 60
tion 1370(d)’’ and inserting ‘‘section 1370a’’. section (b)(1)(B) of this section.
days after the date of the request.’’; and
(c) OTHER REFERENCES.—In the determina- (B) TECHNICAL AMENDMENTS.—The amend-
(2) in subparagraph (B), by striking ‘‘and
tion of the retired grade of a commissioned ments made by paragraph (4) of this sub-
telephone listing’’ and inserting ‘‘electronic
officer of the Armed Forces entitled to re- section shall take effect on the date of the
mail address, home telephone number, or
tired pay under chapter 1223 of title 10, enactment of this Act.
mobile telephone number’’.
United States Code, who retires after the (b) ADDITIONAL REQUIREMENTS.—
(b) INSTITUTIONS OF HIGHER EDUCATION.— (1) IN GENERAL.—Section 569 of the Na-
date of the enactment of this Act, any ref-
Section 983(b) of such title is amended— tional Defense Authorization Act for Fiscal
erence in a provision of law or regulation to
(1) in paragraph (1), by striking ‘‘or’’ at the Year 2020 is amended—
section 1370 of title 10, United States Code,
end; (A) in subsection (a)—
in such determination with respect to such
(2) in paragraph (2)— (i) by redesignating paragraphs (1) and (2)
officer shall be deemed to be a reference to
(A) in subparagraph (A), by striking ‘‘and as paragraphs (2) and (4), respectively;
section 1370a of title 10, United States Code
telephone listings’’ and inserting ‘‘electronic (ii) by inserting before paragraph (2), as re-
(as amended by subsection (a)).
mail addresses, home telephone numbers, designated by clause (i), the following new
SEC. 508. REPEAL OF AUTHORITY FOR ORIGINAL
APPOINTMENT OF REGULAR NAVY and mobile telephone numbers, which infor- paragraph (1);
OFFICERS DESIGNATED FOR ENGI- mation shall be made available not later ‘‘(1) redesignate such form as the Certifi-
NEERING DUTY, AERONAUTICAL EN- than 60 days after the start of classes for the cate of Military Service;’’.
GINEERING DUTY, AND SPECIAL current semester or not later than 60 days (iii) in paragraph (2), as so redesignated, by
DUTY. after the date of a request, whichever is striking ‘‘and’’ at the end; and
(a) REPEAL.—Section 8137 of title 10, later’’; and (iv) by inserting after paragraph (2), as so
United States Code, is repealed. (B) in subparagraph (B), by striking the pe- redesignated, the following new paragraph:
(b) CLERICAL AMENDMENT.—The table of riod at the end and inserting ‘‘; or’’; and ‘‘(3) provide for a standard total force
sections at the beginning of chapter 815 of (3) by adding at the end the following new record of military service for all members of
such title is amended by striking the item paragraph: the Armed Forces, including member of the
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relating to section 8137. ‘‘(3) access by military recruiters for pur- reserve components, that summarizes the
Subtitle B—Reserve Component Management poses of military recruiting to lists of stu- record of service for each member; and’’;
SEC. 511. EXCLUSION OF CERTAIN RESERVE GEN- dents (who are 17 years of age or older) not (B) by redesignating subsections (b) and (c)
ERAL AND FLAG OFFICERS ON AC- returning to the institution after having as subsections (d) and (e), respectively;
TIVE DUTY FROM LIMITATIONS ON been enrolled during the previous semester, (C) by inserting after subsection (a) the fol-
AUTHORIZED STRENGTHS. together with student recruiting information lowing new subsections:
(a) DUTY FOR CERTAIN RESERVE OFFICERS and the reason why the student did not re- ‘‘(b) ISSUANCE TO RESERVES.—The Sec-
UNDER JOINT DUTY LIMITED EXCLUSION.— turn, if collected by the institution.’’. retary of Defense shall provide for the
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S5013
issuance of the Certificate of Military Serv- (G) Recommendations to increase minority (2) ELEMENTS.—The report required by
ice, as modified pursuant to subsection (a), participation in covered units. paragraph (1) shall include the following:
to members of the reserve components of the (H) Any other matters the Secretary deter- (A) The mission statement or purpose of
Armed Forces at such times during their mines appropriate. the Advisory Committee, and any proposed
military service as is appropriate to facili- (3) REPORT TO CONGRESS.—The Secretary objectives and goals of the Advisory Com-
tate their access to benefits under the laws shall— mittee.
administered by the Secretary of Veterans (A) submit to the congressional defense (B) A description of current members of
Affairs. committees a report on the results of the the Advisory Committee and the criteria
‘‘(c) COORDINATION.—In carrying out this study by not later than January 1, 2022; and used for selecting members.
section, the Secretary of Defense shall co- (B) provide interim briefings to such com- (C) A description of the duties and scope of
ordinate with the Secretary of Veterans Af- mittees upon request. activities of the Advisory Committee.
fairs to ensure that the Certificate of Mili- (c) DESIGNATION.—The study conducted (D) The reporting structure of the Advi-
tary Service, as modified pursuant to sub- under subsection (b) shall be known as the sory Committee.
section (a), is recognized as the Certificate of ‘‘Study on Reducing Barriers to Minority (E) An estimate of the annual operating
Military Service referred to in section 1168(a) Participation in Elite Units in the Armed costs and staff years of the Advisory Com-
of title 10, United States Code, and for the Services’’. mittee.
purposes of establishing eligibility for appli- (d) IMPLEMENTATION PLAN.—The Secretary (F) An estimate of the number and fre-
cable benefits under the laws administered shall submit to the congressional defense quency of meetings of the Advisory Com-
by the Secretary of Veterans Affairs.’’; and committees a report setting forth an imple- mittee.
(D) in subsection (d), as redesignated by mentation plan for the recommendations (G) Any subcommittees, established or pro-
subparagraph (B), by striking ‘‘a revised Cer- that the Secretary implements under this posed, that would support the Advisory Com-
tificate of Release or Discharge from Active section, including— mittee.
Duty (DD Form 214), modified’’ and inserting (1) the response of the Secretary to each (H) Such recommendations for legislative
‘‘the Certificate of Military Service, as modi- such recommendation; or administrative action as the Secretary
fied’’. (2) a summary of actions the Secretary has considers appropriate to extend the term of
(2) CONFORMING AMENDMENT.—The heading carried out, or intends to carry out, to im- the Advisory Committee beyond the pro-
of such section 569 is amended to read as fol- plement such recommendations, as appro- posed termination date of the Advisory Com-
lows: priate; and mittee.
‘‘SEC. 569. CERTIFICATE OF RELEASE OR DIS- (3) a schedule, with specific milestones, for (c) REPORT ON CURRENT DIVERSITY AND IN-
CHARGE FROM ACTIVE DUTY (DD completing the implementation of such rec- CLUSION IN THE ARMED FORCES.—
FORM 214) MATTERS.’’. ommendations. (1) IN GENERAL.—At the same time the Sec-
(3) REPEAL OF SUPERSEDED REQUIRE- (e) COVERED UNITS DEFINED.—In this sec- retary of Defense submits the reports re-
MENTS.—Section 570 of the National Defense tion, the term ‘‘covered units’’ means the quired by subsections (a) and (b), the Sec-
Authorization Act for Fiscal Year 2020 is re- following: retary shall also submit to the Committee
pealed. (1) Any forces designated by the Secretary on Armed Services of the Senate and the
SEC. 519. EVALUATION OF BARRIERS TO MINOR- as special operations forces. House of Representatives a report on current
ITY PARTICIPATION IN CERTAIN (2) Air Force Combat Control Teams. diversity and inclusion in the Armed Forces.
UNITS OF THE ARMED FORCES. (3) Air Force Pararescue. (2) ELEMENTS.—The report required by
(a) FINDINGS.—Congress makes the fol- (4) Marine Corps Force Reconnaissance. paragraph (1) shall include the following:
lowing findings: (5) Coast Guard Deployable Operations (A) An identification of the current racial,
(1) In 1999, the RAND Corporation issued a Group. ethnic, and sex composition of each Armed
report entitled ‘‘Barriers to Minority Par- (6) Pilot and navigator military occupa- Force generally.
ticipation in Special Operations Forces’’ tional specialties. (B) An identification of the current racial,
that was sponsored by United States Special SEC. 520. REPORTS ON DIVERSITY AND INCLU- ethnic, and sex composition of each Armed
Operations Command. SION IN THE ARMED FORCES. Force by grade.
(2) In 2018, the RAND Corporation issued a (a) REPORT ON FINDINGS OF DEFENSE BOARD (C) A comparison of the participation rates
report entitles ‘‘Understanding Demographic ON DIVERSITY AND INCLUSION IN THE MILI- of minority populations in officer grades,
Differences in Undergraduate Pilot Training TARY.— warrant officer grades, and enlisted member
Attrition’’ that was sponsored by the Air (1) IN GENERAL.—Upon the completion by grades in each Armed Force with the per-
Force. the Defense Board on Diversity and Inclusion centage of such populations among the gen-
(3) No significant independent study has in the Military of its report on actionable eral population.
been performed by a federally funded re- recommendations to increase racial diver- (D) A comparison of the participation rates
search and development center into increas- sity and ensure equal opportunity across all of minority populations in each career field
ing minority participation in the special op- grades of the Armed Forces, the Secretary of in each Armed Force with the percentage of
erations forces since 1999. Defense shall submit to the Committee on such populations among the general popu-
(b) STUDY REQUIRED.— Armed Services of the Senate and the House lation.
(1) IN GENERAL.—Not later than 30 days of Representatives a report on the report of (E) A comparison among the Armed Forces
after the date of the enactment of this Act, the Defense Board, including the findings of the percentage of minority populations in
the Secretary of Defense shall, acting and recommendations of the Defense Board. each officer grade above grade O–4.
through the Under Secretary of Defense for (2) ELEMENTS.—The report required by (F) A comparison among the Armed Forces
Personnel and Readiness, seek to enter into paragraph (1) shall include the following: of the percentage of minority populations in
an agreement with a federally funded re- (A) A comprehensive description of the each enlisted grade above grade E–6.
search and development center. findings and recommendations of the De- (G) A description and assessment of bar-
(2) ELEMENTS.—The evaluation under para- fense Board in its report referred to in para- riers to minority participation in the Armed
graph (1) shall include the following ele- graph (1). Forces in connection with accession, assess-
ments: (B) A comprehensive description of any ac- ment, and training.
(A) A description of the racial, ethnic, and tionable recommendations of the Defense (d) SENSE OF SENATE ON DEFENSE ADVISORY
gender composition of covered units. Board in its report. COMMITTEE ON DIVERSITY AND INCLUSION IN
(B) A comparison of the participation rates (C) A description of the actions proposed to THE ARMED FORCES.—It is the sense of the
of minority populations in covered units to be undertaken by the Secretary in connec- Senate that the Defense Advisory Committee
participation rates of the general population tion with such recommendations, and a on Diversity and Inclusion in the Armed
as members and as officers of the Armed timeline for implementation of such actions. Forces—
Forces. (D) A description of the resources used by (1) should consist of diverse group of indi-
(C) A comparison of the percentage of mi- the Defense Board for its report, and a de- viduals, including—
nority officers in the grade of O–7 or higher scription and assessment of any shortfalls in (A) a general or flag officer from each reg-
who have served in each covered unit to such such resources for purposes of the Defense ular component of the Armed Forces;
percentage for all such officers in the Armed Board. (B) a retired general or flag officer from
Force of that covered unit. (b) REPORT ON DEFENSE ADVISORY COM- not fewer than two of the Armed Forces;
(D) An identification of barriers to minor- MITTEE ON DIVERSITY AND INCLUSION IN THE (C) a regular officer of the Armed Forces in
ity participation in the accession, assess- ARMED FORCES.— a grade O–5 or lower;
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ment, and training processes. (1) IN GENERAL.—At the same time the Sec- (D) a regular enlisted member of the
(E) The status and effectiveness of the re- retary of Defense submits the report re- Armed Forces in a grade E–7 or higher;
sponse to the recommendations contained in quired by subsection (a), the Secretary shall (E) a regular enlisted member of the
the report referred to in subsection (a)(1) and also submit to the Committee on Armed Armed Forces in a grade E–6 or lower;
any follow-up recommendations. Services of the Senate and the House of Rep- (F) a member of a reserve component of
(F) Recommendations to increase the num- resentatives a report on the Defense Advi- the Armed Forces in any grade;
bers of minority officers in the Armed sory Committee on Diversity and Inclusion (G) a member of the Department of Defense
Forces. in the Armed Forces. civilian workforce;
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S5014 CONGRESSIONAL RECORD — SENATE August 5, 2020
(H) an member of the academic community (2) by redesignating subsections (d), (e), shall each provide to the congressional de-
with expertise in diversity studies; and and (f) as subsections (e), (f), and (g), respec- fense committees a briefing on the status of
(I) an individual with appropriate expertise tively; the Special Victims’ Counsel program of the
in diversity and inclusion; (3) by inserting after subsection (c) the fol- Armed Force concerned.
(2) should include individuals from a vari- lowing new subsection (d): (b) ELEMENTS.—Each briefing under sub-
ety of military career paths, including— ‘‘(d) ADVISORY DUTIES ON COAST GUARD section (a) shall include, with respect to the
(A) aviation; ACADEMY.—In providing advice under sub- Special Victims Counsel program of the
(B) special operations; section (c)(1)(B), the Advisory Committee Armed Force concerned, the following:
(C) intelligence; shall also advise the Secretary of the Depart- (1) An assessment of whether the Armed
(D) cyber; ment in which the Coast Guard is operating Force is in compliance with the provisions of
(E) space; and in accordance with this section on policies, the National Defense Authorization Act for
(F) surface warfare; programs, and practices of the United States Fiscal Year 2020 (Public Law 116–92) relating
(3) should have a membership such that Coast Guard Academy.’’; and to the Special Victims Counsel program and,
not fewer than 20 percent of members pos- (4) in subsection (e) and paragraph (2) of if not, what steps have been taken to achieve
sess— subsection (g), as redesignated by paragraph compliance with such provisions.
(A) a firm understanding of the role of (2) of this section, by striking ‘‘the Commit- (2) An estimate of the average caseload of
mentorship and best practices in finding and tees on Armed Services of the Senate and the each Special Victims’ Counsel.
utilizing mentors; House of Representatives’’ each place it ap- (3) A description of any staffing shortfalls
(B) experience and expertise in change of pears and inserting ‘‘the Committees on in the Special Victims’ Counsel program or
culture of large organizations; or Armed Services and Commerce, Science, and other programs of the Armed Force resulting
(C) experience and expertise in implemen- Transportation of the Senate and the Com- from the additional responsibilities required
tation science; and mittees on Armed Services and Transpor- of the Special Victims’ Counsel program
(4) should focus on objectives that ad- tation and Infrastructure of the House of under the National Defense Authorization
dress— Representatives’’. Act for Fiscal Year 2020.
(A) barriers to promotion within the SEC. 523. REPORT ON ABILITY OF SEXUAL AS- (4) An explanation of the ability of Special
Armed Forces, including development of rec- SAULT RESPONSE COORDINATORS Victims’ Counsel to adhere to requirement
ommendations on mechanisms to enhance AND SEXUAL ASSAULT PREVENTION
AND RESPONSE VICTIM ADVOCATES
that a counsel respond to a request for serv-
and increase racial diversity and ensure TO PERFORM DUTIES. ices within 72 hours of receiving such re-
equal opportunity across all grades in the (a) SURVEY.— quest.
Armed Forces; (1) IN GENERAL.—Not later than June 30, (5) An assessment of the feasibility of pro-
(B) participation of minority officers and 2021, the Secretary of Defense shall conduct viding cross-service Special Victims’ Counsel
senior noncommissioned officers in the a survey regarding the ability of Sexual As- representation in instances where a Special
Armed Forces, including development of rec- sault Response Coordinators and Sexual As- Victims’ Counsel from a different Armed
ommendations on mechanisms to enhance sault Prevention and Response Victim Advo- Force is co-located with a victim at a remote
and increase such participation; cates to perform their duties. base.
(C) recruitment of minority candidates for (2) ELEMENTS.—The survey required under SEC. 525. ACCOUNTABILITY OF LEADERSHIP OF
innovative pre-service programs in the Jun- paragraph (1) shall assess— THE DEPARTMENT OF DEFENSE FOR
ior Reserve Officers’ Training Corps (A) the current state of support provided to DISCHARGING THE SEXUAL HARASS-
(JROTC), Senior Reserve Officers’ Training Sexual Assault Response Coordinators and
MENT POLICIES AND PROGRAMS OF
Corps (SROTC), and military service acad- THE DEPARTMENT.
Sexual Assault Prevention and Response
emies, including programs in connection Victim Advocates, including— (a) STRATEGY ON HOLDING LEADERSHIP AC-
with flight instruction, special operations, (i) perceived professional or other reprisal COUNTABLE REQUIRED.—The Secretary of De-
and national security, including develop- or retaliation; and fense shall develop and implement Depart-
ment of recommendations on mechanisms to (ii) access to sufficient physical and men- ment of Defense-wide a strategy to hold indi-
enhance and increase such recruitment; tal health services as a result of the nature viduals in positions of leadership in the De-
(D) retention of minority individuals in of their work; partment (including members of the Armed
senior leadership and mentorship positions (B) the ability of Sexual Assault Response Forces and civilians) accountable for the
in the Armed Forces, including development Coordinators and Sexual Assault Prevention promotion, support, and enforcement of the
of recommendations on mechanisms to en- and Response Victim Advocates to contact policies and programs of the Department on
hance and increase such retention; and and access their installation commander or sexual harassment.
(E) achievement of cultural and ethnic di- unit commander; (b) OVERSIGHT FRAMEWORK.—
versity in recruitment for the Armed Forces, (C) the ability of Sexual Assault Response (1) IN GENERAL.—The strategy required by
including development of recommendations Coordinators and Sexual Assault Prevention subsection (a) shall provide for an oversight
on mechanisms to enhance and increase such and Response Victim Advocates to contact framework for the efforts of the Department
diversity in recruitment. and access the immediate commander of vic- of Defense to promote, support, and enforce
Subtitle D—Military Justice and Related tims and alleged offenders; the policies and programs of the Department
Matters (D) the responsiveness and receptiveness of on sexual harassment.
PART I—INVESTIGATION, PROSECUTION, commanders to the Sexual Assault Response (2) ELEMENTS.—The oversight framework
AND DEFENSE OF SEXUAL ASSAULT AND Coordinators; required by paragraph (1) shall include the
RELATED MATTERS (E) the support and services provided to following:
victims of sexual assault; (A) Long-term goals, objectives, and mile-
SEC. 521. MODIFICATION OF TIME REQUIRED FOR stones in connection with the policies and
EXPEDITED DECISIONS IN CONNEC- (F) the understanding of others of the proc-
TION WITH APPLICATIONS FOR ess and their willingness to assist; programs of the Department on sexual har-
CHANGE OF STATION OR UNIT (G) the adequacy of the training received assment.
TRANSFER OF MEMBERS WHO ARE by Sexual Assault Response Coordinators (B) Strategies to achieve the goals, objec-
VICTIMS OF SEXUAL ASSAULT OR and Sexual Assault Prevention and Response tives, and milestones referred to in subpara-
RELATED OFFENSES. Victim Advocates to effectively perform graph (A).
(a) IN GENERAL.—Section 673(b) of title 10, their duties; and (C) Criteria for assessing progress toward
United States Code, is amended by striking (H) any other factors affecting the ability the achievement of the goals, objectives, and
‘‘72 hours’’ both places it appears and insert- of Sexual Assault Response Coordinators and milestones referred to in subparagraph (A).
ing ‘‘five calendar days’’. Sexual Assault Prevention and Response (D) Criteria for assessing the effectiveness
(b) EFFECTIVE DATE.—The amendments Victim Advocates to perform their duties. of the policies and programs of the Depart-
made by subsection (a) shall take effect on (b) REPORT.—Upon completion of the sur- ment on sexual harassment.
the date of the enactment of this Act, and vey required under subsection (a), the Sec- (E) Mechanisms to ensure that adequate
shall apply to decisions on applications for retary of Defense shall submit to the Com- resources are available to the Office to de-
permanent change of station or unit transfer mittees on Armed Services of the Senate and velop and discharge the oversight frame-
made under section 673 of title 10, United the House of Representatives a report on the work.
States Code, on or after that date. results of the survey and any actions to be (c) REPORT.—Not later than one year after
taken as a result of the survey. the date of the enactment of this Act, the
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SEC. 522. DEFENSE ADVISORY COMMITTEE FOR
THE PREVENTION OF SEXUAL MIS- SEC. 524. BRIEFING ON SPECIAL VICTIMS’ COUN- Secretary of Defense shall submit to the
CONDUCT. SEL PROGRAM. Committees on Armed Services of the Senate
Section 550B of the National Defense Au- (a) BRIEFING REQUIRED.—Not later than 180 and the House of Representatives a report on
thorization Act for Fiscal Year 2020 (Public days after the date of the enactment of this the actions taken to carry out this section,
Law 116–92) is amended— Act, the Judge Advocates General of the including the strategy developed and imple-
(1) in subsection (c)(1)(B), by inserting ‘‘, Army, the Navy, the Air Force, and the mented pursuant to subsection, and the over-
including the United States Coast Guard Coast Guard, and the Staff Judge Advocate sight framework developed and implemented
Academy,’’ after ‘‘academy’’; to the Commandant of the Marine Corps pursuant to subsection (b).
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S5015
SEC. 526. SAFE-TO-REPORT POLICY APPLICABLE sional military education (PME), especially SEC. 530. BRIEFING ON PLACEMENT OF MEM-
ACROSS THE ARMED FORCES. in such education for personnel in junior BERS OF THE ARMED FORCES IN
(a) IN GENERAL.—The Secretary of Defense ACADEMIC STATUS WHO ARE VIC-
noncommissioned officer grades.
shall, in consultation with the Secretaries of TIMS OF SEXUAL ASSAULT ONTO
‘‘(2) An assessment of the feasibility of— NON-RATED PERIODS.
the military departments, prescribe in regu- ‘‘(A) the screening of recruits before entry
lations a safe-to-report policy described in Not later than 90 days after the date of the
into military service for prior incidents of enactment of this Act, the Secretary of De-
subsection (b) that applies with respect to all sexual assault and harassment, including
members of the Armed Forces (including fense shall brief the Committees on Armed
through background checks; and Services of the Senate and the House of Rep-
members of the reserve components of the ‘‘(B) the administration of screening tests
Armed Forces) and cadets and midshipmen resentatives on the feasibility and advis-
to recruits to assess recruit views and beliefs ability, and current practice (if any), of the
at the military service academies. on equal opportunity, and whether such
(b) SAFE-TO-REPORT POLICY.—The safe-to- Department of Defense of granting requests
views and beliefs are compatible with mili- by members of the Armed Forces who are in
report policy described in this subsection is tary service.
a policy that prescribes the handling of academic status (whether at the military
‘‘(3) An assessment of the feasibility of service academies or in developmental edu-
minor collateral misconduct involving a conducting exit interviews of members of the
member of the Armed Forces who is the al- cation programs) and who are victims of sex-
Armed Forces upon their discharge release ual assault to be placed on a Non-Rated Pe-
leged victim of sexual assault. from the Armed Forces in order to determine
(c) AGGRAVATING CIRCUMSTANCES.—The riod for their performance report.
whether they experienced or witnessed sex-
regulations under subsection (a) shall specify PART II—OTHER MILITARY JUSTICE
ual assault or harassment during military
aggravating circumstances that increase the MATTERS
service and did not report it, and an assess-
gravity of minor collateral misconduct or its ment of the feasibility of combining such SEC. 531. RIGHT TO NOTICE OF VICTIMS OF OF-
impact on good order and discipline for pur- exit interviews with the Catch a Serial Of- FENSES UNDER THE UNIFORM CODE
poses of the safe-to-report policy. OF MILITARY JUSTICE REGARDING
fender (CATCH) Program of the Department CERTAIN POST-TRIAL MOTIONS, FIL-
(d) TRACKING OF COLLATERAL MISCONDUCT of Defense.
INCIDENTS.—In conjunction with the issuance INGS, AND HEARINGS.
‘‘(4) An assessment whether the sexual as- Section 806b(a)(2) of title 10, United States
of regulations under subsection (a), Sec- sault reporting databases of the Department
retary shall develop and implement a process Code (article 6b(a)(2)) of the Uniform Code of
are sufficiently anonymized to ensure pri- Military Justice), is amended—
to track incidents of minor collateral mis- vacy while still providing military leaders
conduct that are subject to the safe-to-re- (1) by redesignating subparagraphs (D) and
with the information as follows: (E) as subparagraphs (E) and (F), respec-
port policy. ‘‘(A) The approximate length of time the
(e) DEFINITIONS.—In this section: tively; and
victim and the assailant had been at the (2) by inserting after subparagraph (C) the
(1) The term ‘‘Armed Forces’’ has the
duty station at which the sexual assault oc- following new subparagraph (D):
meaning given that term in section 101(a)(4)
curred. ‘‘(D) A post-trial motion, filing, or hearing
of title 10, United States Code, except such
‘‘(B) The percentage of sexual assaults oc- that may address the finding or sentence of
term does not include the Coast Guard.
curring while the victim or assailant were on a court-martial with respect to the accused,
(2) The term ‘‘military service academy’’
temporary duty, leave, or otherwise away unseal privileged or private information of
means the following:
from their permanent duty station. the victim, or result in the release of the ac-
(A) The United States Military Academy.
‘‘(C) The number of sexual assaults that in- cused.’’.
(B) The United States Naval Academy.
volve an abuse of power by a commander or SEC. 532. CONSIDERATION OF THE EVIDENCE BY
(C) The United States Air Force Academy.
supervisor.’’. COURTS OF CRIMINAL APPEALS.
(3) The term ‘‘minor collateral mis-
conduct’’ means any minor misconduct that SEC. 529. POLICY ON SEPARATION OF VICTIM (a) IN GENERAL.—Section 866 of title 10,
is potentially punishable under chapter 47 of AND ACCUSED AT MILITARY SERV- United States Code (article 66 of the Uniform
title 10, United States Code (the Uniform ICE ACADEMIES AND DEGREE- Code of Military Justice), is amended—
GRANTING MILITARY EDUCATIONAL (1) by redesignating subsections (e)
Code of Military Justice), that—
INSTITUTIONS. through (j) as subsections (f) through (k), re-
(A) is committed close in time to or during
the sexual assault, and directly related to (a) IN GENERAL.—The Secretary of Defense spectively; and
the incident that formed the basis of the sex- shall, in consultation with the Secretaries of (2) by inserting after subsection (d) the fol-
ual assault allegation; lowing new subsection (e):
the military departments, the Super-
(B) is discovered as a direct result of the ‘‘(e) CONSIDERATION OF THE EVIDENCE.—
intendent of each military service academy, ‘‘(1) IN GENERAL.—In an appeal of a finding
report of sexual assault or the ensuing inves- and the head of each degree-granting mili-
tigation into the sexual assault; and of guilty under subsection (b), the Court of
tary educational institution, prescribe in Criminal Appeals, upon request of the ac-
(C) does not involve aggravating cir-
cumstances (as specified in the regulations regulations a policy under which association cused, may consider the weight of the evi-
prescribed under subsection (c)) that in- between a cadet or midshipman of a military dence upon a specific showing by the accused
crease the gravity of the minor misconduct service academy, or a member of the Armed of deficiencies in proof. The Court may set
or its impact on good order and discipline. Forces enrolled in a degree-granting mili- aside and dismiss a finding if clearly con-
SEC. 527. ADDITIONAL BASES FOR PROVISION OF tary educational institution, who is the al- vinced that the finding was against the
ADVICE BY THE DEFENSE ADVISORY leged victim of a sexual assault and the ac- weight of the evidence. The Court may af-
COMMITTEE FOR THE PREVENTION firm a lesser finding. A rehearing may not be
cused is minimized while both parties com-
OF SEXUAL MISCONDUCT. ordered.
plete their course of study at the academy or ‘‘(2) DEFERENCE IN CONSIDERATION.—When
Section 550B(c)(2) of the National Defense
Authorization Act for Fiscal Year 2020 (Pub- institution concerned. considering a case under subsection (b), the
lic Law 116–92) is amended— (b) ELEMENTS.—The Secretary of Defense Court may weigh the evidence and determine
(1) by redesignating subparagraph (C) as shall ensure that the policy developed under controverted questions of fact, subject to—
subparagraph (E); and subsection (a)— ‘‘(A) appropriate deference to the fact that
(2) by inserting after subparagraph (B) the (1) is fair to the both the alleged victim the court-martial saw and heard the wit-
following new subparagraphs: and the accused; nesses and other evidence; and
‘‘(C) Efforts among private employers to (2) provides for the confidentiality of the ‘‘(B) appropriate deference to findings of
prevent sexual assault and sexual harass- parties involved; fact entered into the record by the military
ment among their employees. (3) provide that notice of the policy, in- judge.’’.
‘‘(D) Evidence-based studies on the preven- cluding the elements of the policy and the (b) ADDITIONAL QUALIFICATIONS OF APPEL-
tion of sexual assault and sexual harassment right to opt out of coverage by the policy, is LATE MILITARY JUDGES.—Subsection (a) of
in the Armed Forces, institutions of higher provided to the alleged victim upon the mak- such section (article) is amended—
education, and the private sector.’’. ing of an allegation of a sexual assault cov- (1) by inserting ‘‘(1)’’ before ‘‘Each judge’’;
SEC. 528. ADDITIONAL MATTERS FOR REPORTS ered by the policy; and and
OF THE DEFENSE ADVISORY COM- (4) provide an alleged victim the right to (2) by adding at the end the following new
MITTEE FOR THE PREVENTION OF opt out of coverage by the policy in connec- paragraph:
SEXUAL MISCONDUCT. ‘‘(2)(A) In addition to any other qualifica-
tion with such sexual assault.
Section 550B(d) of the National Defense tions specified in paragraph (1), any commis-
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Authorization Act for Fiscal Year 2020 (Pub- (c) MILITARY SERVICE ACADEMY DEFINED.— sioned officer assigned as an appellate mili-
lic Law 116–92) is amended by adding at the The term ‘‘military service academy’’ means tary judge to a Court of Criminal Appeals
end the following: ‘‘The report shall include the following: shall have not fewer than 12 years of experi-
the following: (1) The United States Military Academy. ence in military justice assignments before
‘‘(1) A description and assessment of the (2) The United States Naval Academy. such assignment, and any civilian so as-
extent and effectiveness of the inclusion by (3) The United States Air Force Academy. signed shall have not fewer than 12 years as
the Armed Forces of sexual assault preven- (4) The United States Coast Guard Acad- a judge or criminal trial attorney before
tion and response training in leader profes- emy. such assignment.
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S5016 CONGRESSIONAL RECORD — SENATE August 5, 2020
‘‘(B) A Judge Advocate General may waive or requirement by the Armed Forces, that plement training on Federal statutes, De-
the requirement in subparagraph (A) in con- the Comptroller General considers appro- partment of Defense instructions, and the
nection with the assignment of an officer or priate. regulations of each Armed Force regarding
civilian as an appellate military judge of a (c) BRIEFINGS.—Not later than May 1, 2021, religious liberty and accommodation for
Court of Criminal Appeals if the Judge Advo- the Comptroller General shall provide the members of the Armed Forces, including the
cate General determines that compliance committees referred to in subsection (a) one responsibility of commanders to maintain
with the requirement in the assignment of or more briefings on the status of the study good order and discipline.
appellate military judges to a Court of required by that subsection, including any (b) CONSULTATION.—The Secretary develop
Criminal Appeals will impair the ability of preliminary findings and recommendations and implement the training required by sub-
the Court to hear and decide appeals in a of the Comptroller General as a result of the section (a) in consultation with the fol-
timely manner. study as of the date of such briefing. lowing:
‘‘(C) Not later than 120 days after waiving SEC. 535. BRIEFING ON MENTAL HEALTH SUP- (1) The General Counsel of the Department
the requirement in subparagraph (A) pursu- PORT FOR VICARIOUS TRAUMA FOR of Defense.
ant to subparagraph (B), the Judge Advocate CERTAIN PERSONNEL IN THE MILI- (2) The Judge Advocate General of the
General shall notify the congressional de- TARY JUSTICE SYSTEM.
Army, the Judge Advocate General of the
fense committees of the waiver, and include (a) BRIEFING REQUIRED.—Not later than 180 Navy, and the Judge Advocate General of the
with the notice an explanation for the short- days after the date of the enactment of this Air Force.
age of appellate military judges and a plan Act, the Judge Advocates General of the (3) The Chief of Chaplains of the Army, the
for addressing such shortage.’’. Army, the Navy, and the Air Force and the Chief of Chaplains of the Navy, and the Chief
(c) REVIEW BY FULL COURT OF FINDING OF Staff Judge Advocate to the Commandant of of Chaplains of the Air Force.
CONVICTION AGAINST WEIGHT OF EVIDENCE.— the Marine Corps shall jointly brief the Com-
mittees on Armed Services of the Senate and (c) CONTENTS.—The content of the training
Subsection (e) of such section (article), as
the House of Representatives on the mental shall be consistent with and include coverage
amended by subsection (a) of this section, is
health support for vicarious trauma provided of each of the following:
further is amended by adding at the end the
to personnel in the military justice system (1) The Religious Freedom Restoration Act
following new paragraph:
specified in subsection (b). of 1993 (42 U.S.C. 2000bb et seq.).
‘‘(3) REVIEW BY FULL COURT OF FINDING OF
(b) PERSONNEL.—The personnel specified in (2) Section 533 of the National Defense Au-
CONVICTION AGAINST WEIGHT OF EVIDENCE.—
this subsection are the following: thorization Act for Fiscal Year 2013 (10
Any determination by the Court that a find-
(1) Trial counsel. U.S.C. prec. 1030 note).
ing was clearly against the weight of the evi-
(2) Defense counsel. (3) Section 528 of the National Defense Au-
dence under paragraph (1) shall be reviewed
(3) Special Victims’ Counsel. thorization Act for Fiscal Year 2016 (Public
by the Court sitting as a whole.’’.
(4) Military investigative personnel. Law 114–92; 129 Stat. 814).
SEC. 533. PRESERVATION OF RECORDS OF THE
MILITARY JUSTICE SYSTEM. (c) ELEMENTS.—The briefing required by (d) IMPLEMENTATION.—
Section 940a of title 10, United States Code subsection (a) shall include the following: (1) RECIPIENTS.—The recipients of training
(article 140a of the Uniform Code of Military (1) A description and assessment of the developed under subsection (a) shall include
Justice), is amended by adding at the end the mental health support for vicarious trauma the following at all levels of command:
following new subsection: provided to personnel in the military justice (A) Commanders
‘‘(d) PRESERVATION OF RECORDS WITHOUT system specified in subsection (b), including (B) Chaplains.
REGARD TO OUTCOME.—The standards and cri- a description of the support services avail- (C) Judge advocates.
teria prescribed established by the Secretary able and the support services being used. (D) Such other members of the Armed
of Defense under subsection (a) shall provide (2) A description and assessment of mecha- Forces as the Secretary considers appro-
for the preservation of records, without re- nisms to eliminate or reduce stigma in the priate.
gard to the outcome of the proceeding con- pursuit by such personnel of such mental (2) COMMENCEMENT.—The provision of
cerned, for not fewer than 15 years.’’. health support. training developed under subsection (a) shall
SEC. 534.
COMPTROLLER GENERAL OF THE (3) An assessment of the feasibility and ad- commence not later than one year after the
UNITED STATES REPORT ON IMPLE- visability of providing such personnel with date of the enactment of this Act.
MENTATION BY THE ARMED FORCES breaks between assignments or cases as part SEC. 542. ADDITIONAL ELEMENTS WITH 2021 CER-
OF RECENT GAO RECOMMENDA- of such mental health support in order to re- TIFICATIONS ON THE READY, REL-
TIONS AND STATUTORY REQUIRE- duce the effects of vicarious trauma. EVANT LEARNING INITIATIVE OF
MENTS ON ASSESSMENT OF RACIAL, THE NAVY.
ETHNIC, AND GENDER DISPARITIES
(4) A description and assessment of the ex-
IN THE MILITARY JUSTICE SYSTEM. tent, if any, to which duty of such personnel (a) ADDITIONAL ELEMENTS.—In submitting
(a) REPORT REQUIRED.—The Comptroller on particular types of cases, or in particular to Congress in 2021 the certifications re-
General of the United States shall submit to caseloads, contributes to vicarious trauma, quired by section 545 of the National Defense
the Committees on Armed Services of the and of the extent, if any, to which duty on Authorization Act for Fiscal Year 2018 (Pub-
Senate and the House of Representatives a such cases or caseloads has an effect on re- lic Law 115–91; 131 Stat. 1396; 10 U.S.C. 8431
report, in writing, on a study, conducted by tention of such personnel in the Armed note prec.), relating to the Ready, Relevant
the Comptroller General for purposes of the Forces. Learning initiative of the Navy, the Sec-
report, on the implementation by the Armed (5) A description of the extent, if any, to retary of the Navy shall also submit each of
Forces of the following: which such personnel are screened or other- the following:
(1) The recommendations in the May 2019 wise assessed for vicarious trauma before (1) A life cycle sustainment plan for the
report of the General Accountability Office discharge or release from the Armed Forces. Ready, Relevant Learning initiative meeting
entitled ‘‘Military Justice: DOD and the (6) Such other matters in connection with the requirements in subsection (b).
Coast Guard Need to Improve Their Capabili- the provision of mental health support for (2) A report on the use of readiness assess-
ties to Assess Racial and Gender Disparities’’ vicarious trauma to such personnel as the ment teams in training addressing the ele-
(GAO–19–344). Judge Advocates General and the Staff ments specified in subsection (c).
(2) Requirements in section 540I(b) of the Judge Advocate jointly consider appropriate. (b) LIFE CYCLE SUSTAINMENT PLAN.—The
National Defense Authorization Act for Fis- SEC. 536. GUARDIAN AD LITEM PROGRAM FOR life cycle sustainment plan required by sub-
MINOR DEPENDENTS OF MEMBERS
cal Year 2020 (Public Law 116–92), relating to section (a)(1) shall include a description of
OF THE ARMED FORCES.
assessments covered by such recommenda- the approved life cycle sustainment plan for
tions. Section 540L(b)(1) of the National Defense the Ready, Relevant Learning initiative, in-
(b) ELEMENTS.—The report required by sub- Authorization Act for Fiscal Year 2020 (Pub- cluding with respect to each of the following:
section (a) shall include, for each rec- lic Law 116–92; 133 Stat. 1373) is amended by (1) Product support management.
ommendation and requirement specified in adding before the period at the end the fol- (2) Supply support.
that subsection, the following: lowing: ‘‘, including an assessment of the (3) Packaging, handling, storage, and
(1) A description of the actions taken or feasibility and advisability of establishing a transportation.
planned by the Department of Defense, the guardian ad litem program for military de- (4) Maintenance planning and manage-
military department concerned, or the pendents living outside the United States’’. ment.
Armed Force concerned to implement such Subtitle E—Member Education, Training, (5) Design interface.
recommendation or requirement. Transition, and Resilience (6) Sustainment engineering.
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(2) An assessment of the extent to which SEC. 541. TRAINING ON RELIGIOUS ACCOMMODA- (7) Technical data.
the actions taken to implement such rec- TION FOR MEMBERS OF THE ARMED (8) Computer resources.
ommendation or requirement, as described FORCES. (9) Facilities and infrastructure.
pursuant to paragraph (1), are effective or (a) IN GENERAL.—As recommended on page (10) Manpower and personnel.
meet the intended objective. 149 of the Report of the Committee on Armed (11) Support equipment.
(3) Any other matters in connection with Services of the Senate to Accompany S. 1519 (12) Training and training support.
such recommendation or requirement, and (115th Congress) (Senate Report 115–125), the (13) Governance, including the acquisition
the implementation of such recommendation Secretary of Defense shall develop and im- and program management structure.
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S5017
(14) Such other elements in the life cycle Armed Forces and other Department law en- ignees to view past nomination records for
sustainment of the Ready, Relevant Learn- forcement components. all application cycles.
ing initiative as the Secretary considers ap- (5) Identify and assess Department courses, (4) MATTERS IN CONNECTION WITH ESTABLISH-
propriate. programs, or institutions with the capability MENT OF PORTAL.—If the Secretary deter-
(c) REPORT ON USE OF READINESS ASSESS- to support law enforcement training or infor- mines that the online portal is feasible and
MENT TEAMS.—The report required by sub- mation sharing between Department mili- advisable, the report shall include—
section (a)(2) shall set forth the following: tary and civilian law enforcement compo- (A) a comprehensive description of the on-
(1) A description and assessment of the ex- nents and State, county, and local law en- line portal; and
tent to which the Navy is currently using forcement agencies, with the capability to (B) such recommendations for legislative
Engineering Readiness Assessment Teams support law enforcement components of the and administrative action as the Secretary
(ERAT) and Combat Systems Readiness As- National Guard and other reserve compo- considers appropriate to establish and main-
sessment Teams (CSRAT) to conduct unit- nents of the Armed Forces, or with both such tain the online portal.
level training and assistance in each capac- capabilities. (b) STANDARD CLASSIFICATIONS FOR COLLEC-
ity as follows: (6) Assess the feasibility, advisability, and TION OF DEMOGRAPHIC DATA.—
(A) To augment non-Ready, Relevant suitability of standardizing and merging the (1) STANDARDS REQUIRED.—The Secretary of
Learning initiative training. training referred to in subsection (a) across Defense shall, in consultation with the Su-
(B) As part of Ready, Relevant Learning the Department, including an assessment of perintendents of the military service acad-
initiative training. the costs of such standardization and merg- emies, establish standard classifications that
(C) To train students on legacy, obsolete, er. cadets, midshipmen, and applicants to the
one of a kind, or unique systems that are (7) Any other matters the Secretary con- academies may use to self-identify gender,
still widely used by the Navy. siders appropriate. race, and ethnicity and to provide other de-
(D) To train students on military-specific SEC. 544. QUARTERLY REPORTS ON IMPLEMEN- mographic information in connection with
systems that are not found in the commer- TATION OF RECOMMENDATIONS OF admission to or enrollment in an academy.
cial maritime world. THE COMPREHENSIVE REVIEW OF (2) CONSISTENCY WITH OMB GUIDANCE.—The
(2) A description and assessment of poten- SPECIAL OPERATIONS FORCES CUL- standard classifications established under
TURE AND ETHICS.
tial benefits, and anticipated timelines and paragraph (1) shall be consistent with the
costs, in expanding Engineering Readiness (a) QUARTERLY REPORTS REQUIRED.—Not standard classifications specified in Office of
Assessment Team and Combat Systems later than March 1, 2021, and every 90 days Management and Budget Directive No. 15
Readiness Assessment Team training in the thereafter through March 1, 2024, the Assist- (pertaining to race and ethnic standards for
capacities specified in paragraph (1). ant Secretary of Defense for Special Oper- Federal statistics and administrative report-
(3) Such other matters in connection with ations and Low Intensity Conflict shall, in ing) or any successor directive.
the use of readiness assessment teams in coordination with the Commander of the (3) INCORPORATION INTO APPLICATIONS AND
connection with the Ready, Relevant Learn- United States Special Operations Command, RECORDS.—Not later than one year after the
ing initiative as the Secretary considers ap- submit to the congressional defense commit- date of the enactment of this Act, the Sec-
propriate. tees a report on the current status of the im- retary shall incorporate the standard classi-
SEC. 543. REPORT ON STANDARDIZATION AND plementation of the actions recommended as fications established under paragraph (1)
POTENTIAL MERGER OF LAW EN- a result of the Comprehensive Review of Spe- into—
FORCEMENT TRAINING FOR MILI- cial Operations Forces Culture and Ethics. (A) applications for admission to the mili-
TARY AND CIVILIAN PERSONNEL (b) ELEMENTS.—Each report under sub-
tary service academies; and
ACROSS THE DEPARTMENT OF DE- section (a) shall include the following:
FENSE. (B) the military personnel records of ca-
(1) A list of the actions required as of the
(a) REPORT REQUIRED.—Not later than June dets and midshipmen enrolled in such acad-
date of such report to complete full imple-
8, 2021, the Secretary of Defense shall submit emies.
mentation of each of the 16 actions rec- (c) MILITARY SERVICE ACADEMY DEFINED.—
to the Committees on Armed Services of the ommended by the Comprehensive Review re- In this section, the term ‘‘military service
Senate and the House of Representatives a ferred to in subsection (a). academy’’ means—
report on the standardization and potential (2) An identification of the office respon- (1) the United States Military Academy;
merger of law enforcement training for mili- sible for completing each action listed pursu- (2) the United States Naval Academy; and
tary and civilian personnel across the De- ant to paragraph (1), and an estimated (3) the United States Air Force Academy.
partment of Defense, including training of timeline for completion of such action.
SEC. 546. PILOT PROGRAMS IN CONNECTION
military or civilian personnel of the Depart- (3) If completion of any action listed pursu- WITH SENIOR RESERVE OFFICERS’
ment designated in accordance with section ant to paragraph (1) requires resources or ac- TRAINING CORPS UNITS AT HISTORI-
2762 of title 10, United States Code, to pro- tions for which authorization by statute is CALLY BLACK COLLEGES AND UNI-
tect buildings, grounds, and property under required, a recommendation for legislative VERSITIES AND MINORITY INSTITU-
the jurisdiction, custody, or control of the action for such authorization. TIONS.
Department and the persons on such prop- (4) Any other matters the Assistant Sec- (a) PILOT PROGRAMS AUTHORIZED.—The
erty. retary or the Commander considers appro- Secretary of Defense may carry out either or
(b) ELEMENTS.—In developing the report re- priate. both of the pilot programs as follows:
quired by subsection (a), the Secretary shall SEC. 545. INFORMATION ON NOMINATIONS AND (1) A pilot program, with elements as pro-
do, and include in the report the results of, APPLICATIONS FOR MILITARY SERV- vided for in subsection (c), at covered insti-
the following: ICE ACADEMIES. tutions in order to assess the feasibility and
(1) Identify and assess current law enforce- (a) REPORT ON CONGRESSIONAL NOMINATIONS advisability of mechanisms to reduce bar-
ment training courses, schools, and pro- PORTAL.— riers to participation in the Senior Reserve
grams of the Armed Forces that have the (1) IN GENERAL.—Not later than one year Officers’ Training Corps at such institutions
flexibility and capacity to support the train- after the date of the enactment of this Act, by creating partnerships between satellite or
ing referred to in subsection (a) through the Secretary of Defense shall, in consulta- extension Senior Reserve Officers’ Training
common training standards. tion with the Superintendents of the mili- Corps units at such institutions and military
(2) Identify and assess current Department tary service academies, submit to the Com- installations.
law enforcement training courses, schools, mittees on Armed Services of the Senate and (2) A pilot program, with elements as pro-
and programs that are affiliated with or ac- the House of Representatives a report set- vided for in subsection (d), in order to assess
credited by third parties (including both gov- ting forth an assessment of the feasibility the feasibility and advisability of the provi-
ernmental and private entities), including an and advisability of a uniform online portal sion of financial assistance to members of
assessment of the value derived from such af- for all military service academies that en- the Senior Reserve Officers’ Training Corps
filiation or accreditation to the training re- ables Members of Congress to nominate indi- at covered institutions for participation in
ferred to in subsection (a). viduals for appointment to each academy flight training.
(3) Identify emerging law enforcement through a secure website. (b) DURATION.—The duration of each pilot
training requirements that are common (2) INFORMATION COLLECTION AND REPORT- program under subsection (a) may not exceed
among the Armed Forces and other Depart- ING.—For purposes of preparing the report five years.
ment law enforcement components and are required by paragraph (1), the Secretary (c) PILOT PROGRAM ON PARTNERSHIPS BE-
currently unmet by the Armed Forces or shall treat the online portal described in TWEEN SATELLITE OR EXTENSION SROTC
such components. that paragraph as permitting the collection, UNITS AND MILITARY INSTALLATIONS.—
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(4) Assess the feasibility, advisability, and from each Member of Congress, of the demo- (1) PARTICIPATING INSTITUTIONS.—The Sec-
suitability of incorporating standardized and graphic information described in subsection retary of Defense shall carry out the pilot
merged field and operational training in (b) for each individual nominated by the program authorized by subsection (a)(1) at
military law enforcement mission areas, in- Member. not fewer than five covered institutions se-
cluding area security operations, law and (3) AVAILABILITY OF INFORMATION.—For lected by the Secretary for purposes of the
order operations, internment and resettle- purposes of preparing the report, the Sec- pilot program.
ment operations, and police intelligence op- retary shall treat the online portal as per- (2) REQUIREMENTS FOR SELECTION.—Each
erations, in the training provided to all mitting Members of Congress and their des- covered institution selected by the Secretary
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S5018 CONGRESSIONAL RECORD — SENATE August 5, 2020
for purposes of the pilot program authorized (1) INITIAL REPORT.—Not later than 180 of the National Defense Authorization Act
by subsection (a)(1) shall— days after the commencement of the pilot for Fiscal Year 2020 (Public Law 116–92).
(A) currently maintain a satellite or exten- programs under subsection (a), the Secretary (2) The term ‘‘flight training’’ means a
sion Senior Reserve Officers’ Training Corps of Defense shall submit to the Committees course of instruction toward obtaining any
unit under chapter 103 of title 10, United on Armed Services of the Senate and the of the following:
States Code, that is located more than 20 House of Representatives a report on the (A) A private pilot’s certificate.
miles from the host unit of such unit; or pilot programs. The report shall include the (B) A commercial pilot certificate.
(B) establish and maintain a satellite or following: (C) A certified flight instructor certificate.
extension Senior Reserve Officers’ Training (A) A description of each pilot program, in- (D) A multi-crew pilot’s license.
Corps unit that meets the requirements in cluding in the case of the pilot program (E) A flight instrument rating.
subparagraph (A). under subsection (a)(2) the requirements es- (F) Any other certificate, rating, or pilot
(3) PREFERENCE IN SELECTION OF INSTITU- tablished pursuant to subsection (d)(1). privilege the Secretary considers appropriate
TIONS.—In selecting covered institutions (B) The evaluation metrics established for purposes of this section.
under this subsection for participation in the under subsection (e). (3) The term ‘‘military installation’’ means
pilot program authorized by subsection (C) Such other matters relating to the an installation of the Department of Defense
(a)(1), the Secretary shall give preference to pilot programs as the Secretary considers for the regular components of the Armed
covered institutions that are located within appropriate. Forces.
20 miles of a military installation of the (2) ANNUAL REPORT.—Not later than 90 days SEC. 547. EXPANSION OF JUNIOR RESERVE OFFI-
same Armed Force as the host unit of the after the end of each fiscal year in which the CERS’ TRAINING CORPS PROGRAM.
Senior Reserve Officers’ Training Corp of the Secretary carries out the pilot programs, the
covered institution concerned. (a) EXPANSION OF JROTC CURRICULUM.—
Secretary shall submit to the Committees on
(4) PARTNERSHIP ACTIVITIES.—The activi- Section 2031(a)(2) of title 10, United States
Armed Services of the Senate and the House
ties conducted under the pilot program au- Code, is amended by inserting after ‘‘service
of Representatives a report on the pilot pro-
thorized by subsection (a)(1) between a sat- to the United States’’ the following: ‘‘(in-
grams during such fiscal year. Each report
ellite or extension Senior Reserve Officers’ cluding an introduction to service opportuni-
shall include, for the fiscal year covered by
Training Corps unit and the military instal- ties in military, national, and public serv-
such report, the following:
lation concerned shall include such activi- ice)’’.
(A) In the case of the pilot program under
ties designed to reduce barriers to participa- subsection (a)(1), a description of the part- (b) PLAN TO INCREASE NUMBER OF JROTC
tion in the Senior Reserve Officers’ Training nerships between satellite or extension Sen- UNITS.—The Secretary of Defense shall, in
Corps at the covered institution concerned ior Reserve Officers’ Training Corps units consultation with the Secretaries of the
as the Secretary considers appropriate, in- and military installations under the pilot military departments, develop and imple-
cluding measures to mitigate travel time program. ment a plan to establish and support not
and expenses in connection with receipt of (B) In the case of the pilot program under fewer than 6,000 units of the Junior Reserve
Senior Reserve Officers’ Training Corps in- subsection (a)(2), the following: Officers’ Training Corps by September 30,
struction. (i) The number of members of Senior Re- 2031.
(d) PILOT PROGRAM ON FINANCIAL ASSIST- serve Officers’ Training Corps units at cov- SEC. 548. DEPARTMENT OF DEFENSE STARBASE
ANCE FOR SROTC MEMBERS FOR FLIGHT
ered institutions selected for purposes of the PROGRAM.
TRAINING.—
pilot program, including the number of such Section 2193b(h) of title 10, United States
(1) ELIGIBILITY FOR PARTICIPATION BY SROTC
members participating in the pilot program. Code, is amended by inserting ‘‘the Common-
MEMBERS.—A member of a Senior Reserve Of-
(ii) The number of recipients of financial wealth of the Northern Mariana Islands,
ficers’ Training Corps unit at a covered insti-
assistance provided under the pilot program, American Samoa,’’ before ‘‘and Guam’’.
tution may participate in the pilot program
including the number who—
authorized by subsection (a)(2) if the member Subtitle F—Decorations and Awards
(I) completed a ground school course of in-
meets such academic requirements at the
struction in connection with obtaining a pri- SEC. 551. AWARD OR PRESENTATION OF DECORA-
covered institution, and such other require-
vate pilot’s certificate; TIONS FAVORABLY RECOMMENDED
ments, as the Secretary shall establish for FOLLOWING DETERMINATION ON
(II) completed flight training, and the type
purposes of the pilot program. MERITS OF PROPOSALS FOR DECO-
of training, certificate, or both received;
(2) PREFERENCE IN SELECTION OF PARTICI- RATIONS NOT PREVIOUSLY SUB-
(III) were selected for a pilot training slot
PANTS.—In selecting members under this MITTED IN A TIMELY FASHION.
in the Armed Forces;
subsection for participation in the pilot pro- (a) AWARD OR PRESENTATION AUTHORIZED.—
(IV) initiated pilot training in the Armed
gram authorized by subsection (a)(2), the Section 1130 of title 10, United States Code,
Forces; or
Secretary shall give a preference to members is amended—
(V) successfully completed pilot training
who will pursue flight training under the (1) by redesignating subsection (d) as sub-
in the Armed Forces.
pilot program at a covered institution. section (e); and
(iii) The amount of financial assistance
(3) FINANCIAL ASSISTANCE FOR FLIGHT (2) by inserting after subsection (c) the fol-
provided under the pilot program, broken
TRAINING.— lowing new subsection (d):
out by covered institution, course of study,
(A) IN GENERAL.—The Secretary may pro-
and such other measures as the Secretary ‘‘(d)(1) A decoration may be awarded or
vide any member of a Senior Reserve Offi-
considers appropriate. presented following the submission of a fa-
cers’ Training Corps who participates in the
(C) Data collected in accordance with the vorable recommendation for the award or
pilot program authorized by subsection (a)(2)
evaluation metrics established under sub- presentation of the decoration under sub-
financial assistance to defray, whether in
section (e). section (b).
whole or in part, the charges and fees im-
(3) FINAL REPORT.—Not later than 180 days ‘‘(2) An award or presentation of a decora-
posed on the member for flight training.
prior to the completion of the pilot pro- tion under paragraph (1) may not occur be-
(B) FLIGHT TRAINING.—Financial assistance
grams, the Secretary shall submit to the fore the end of the 60-day period beginning
may be used under subparagraph (A) for a
Committees on Armed Services of the Senate on the date of the submission under sub-
course of flight training only if the course
and the House of Representatives a report on section (b) of the favorable recommendation
meets Federal Aviation Administration
the pilot programs. The report shall include regarding the award or presentation of the
standards and is approved by the Federal
the following: decoration.
Aviation Administration and the applicable
(A) A description of the pilot programs. ‘‘(3) The authority to make an award or
State approving agency.
(B) An assessment of the effectiveness of presentation of a decoration under this sub-
(C) USE.—Financial assistance received by
each pilot program. section shall apply notwithstanding any lim-
a member under subparagraph (A) may be
(C) A description of the cost of each pilot itation described in subsection (a).’’.
used only to defray the charges and fees im-
program, and an estimate of the cost of mak-
posed on the member as described in that (b) CONFORMING AND CLERICAL AMEND-
ing each pilot program permanent.
subparagraph. MENTS.—
(D) An estimate of the cost of expanding
(D) CESSATION OF ELIGIBILITY.—Financial (1) SECTION HEADING.—The heading of sec-
each pilot program throughout all eligible
assistance may not be provided to a member tion 1130 of such title is amended to read as
Senior Reserve Officers’ Training Corps
under subparagraph (A) as follows: follows:
units.
(i) If the member ceases to meet the aca-
(E) Such recommendations for legislative ‘‘§ 1130. Consideration of proposals for deco-
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demic and other requirements established
or administrative action as the Secretary rations not previously submitted in timely
pursuant to paragraph (1).
considers appropriate in light of the pilot fashion: procedures for review and award
(ii) If the member ceases to be a member of
programs, including recommendations for or presentation’’.
the Senior Reserve Officers’ Training Corps.
(e) EVALUATION METRICS.—The Secretary extending or making permanent the author- (2) TABLE OF SECTIONS.—The table of sec-
of Defense shall establish metrics to evalu- ity for each pilot program. tions at the beginning of chapter 57 of such
ate the effectiveness of the pilot programs (g) DEFINITIONS.—In this section: title is amended by striking the item relat-
under subsection (a). (1) The term ‘‘covered institution’’ has the ing to section 1130 and inserting the fol-
(f) REPORTS.— meaning given that term in section 262(g)(2) lowing new item:
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S5019
‘‘1130. Consideration of proposals for decora- honorary promotion (whether or not post- ant to section 301 and available for operation
tions not previously submitted humous) of a former member or retired and maintenance for Defense-wide activities
in timely fashion: procedures member of the armed forces to any grade not as specified in the funding table in section
for review and award or presen- exceeding the grade of major general, rear 4301, $10,000,000 shall be available for pay-
tation.’’. admiral (upper half), or an equivalent grade ments under section 363 of the Floyd D.
SEC. 552. HONORARY PROMOTION MATTERS. in the Space Force following the submittal Spence National Defense Authorization Act
(a) HONORARY PROMOTIONS ON INITIATIVE OF of the determination of the Secretary con- for Fiscal Year 2001 (as enacted into law by
DOD.—Chapter 80 of title 10, United States cerned under subsection (b) in connection Public Law 106–398; 114 Stat. 1654A–77; 20
Code, is amended by inserting after section with the proposal for the promotion if the U.S.C. 7703a).
1563 the following new section: determination is to approve the making of (b) ADDITIONAL AMOUNT.—Of the amount
the promotion. authorized to be appropriated for fiscal year
‘‘§ 1563a. Honorary promotions on the initia- ‘‘(2) The Secretary of Defense may not
tive of the Department of Defense 2021 pursuant to section 301 and available for
make an honorary promotion under this sub- operation and maintenance for Defense-wide
‘‘(a) IN GENERAL.—(1) Under regulations section until 60 days after the date on which activities as specified in the funding table in
prescribed by the Secretary of Defense, the the Secretary concerned submits the deter- section 4301, $10,000,000 shall be available for
Secretary may make an honorary promotion mination in connection with the proposal for use by the Secretary of Defense to make pay-
(whether or not posthumous) of a former the promotion under subsection (b), and the ments to local educational agencies deter-
member or retired member of the armed detailed rationale supporting the determina-
mined by the Secretary to have higher con-
forces to any grade not exceeding the grade tion as described in that subsection, to the
centrations of military children with severe
of major general, rear admiral (upper half), Committees on Armed Services of the Senate
disabilities.
or an equivalent grade in the Space Force if and the House of Representatives and the re-
(c) REPORT.—Not later than March 1, 2021,
the Secretary determines that the promotion questing Member in accordance with that
the Secretary shall brief the Committees on
is merited. subsection.
‘‘(3) The authority to make an honorary Armed Services of the Senate and the House
‘‘(2) The authority to make an honorary of Representatives on the Department’s eval-
promotion under this subsection shall apply promotion under this subsection shall apply
notwithstanding that the promotion is not uation of each local educational agency with
notwithstanding that the promotion is not higher concentrations of military children
otherwise authorized by law. otherwise authorized by law.
‘‘(4) Any promotion pursuant to this sub- with severe disabilities and subsequent de-
‘‘(b) NOTICE TO CONGRESS.—The Secretary
section is honorary, and shall not affect the termination of the amounts of impact aid
may not make an honorary promotion pursu-
pay, retired pay, or other benefits from the each such agency shall receive.
ant to subsection (a) until 60 days after the
date on which the Secretary submits to the United States to which the former member SEC. 563. STAFFING OF DEPARTMENT OF DE-
or retired member concerned is or would FENSE EDUCATION ACTIVITY
Committees on Armed Services of the Senate SCHOOLS TO MAINTAIN MAXIMUM
have been entitled based upon the military
and the House of Representatives a notice of STUDENT-TO-TEACHER RATIOS.
service of such former member or retired
the determination to make the promotion, (a) IN GENERAL.—The Department of De-
member, nor affect any benefits to which
including a detailed discussion of the ration- fense Education Activity (DoDEA) shall staff
any other person may become entitled based
ale supporting the determination. on the military service of such former mem- elementary and secondary schools operated
‘‘(c) NOTICE OF PROMOTION.—Upon making by the Activity so as to maintain, to the ex-
ber or retired member.’’.
an honorary promotion pursuant to sub- tent practicable, student-to-teacher ratios
(3) HEADING AMENDMENT.—The heading of
section (a), the Secretary shall expeditiously such section is amended to read as follows: that do not exceed the maximum student-to-
notify the former member or retired member teacher ratios specified in subsection (b).
concerned, or the next of kin of such former ‘‘§ 1563. Consideration of proposals from
Members of Congress for honorary pro- (b) MAXIMUM STUDENT-TO-TEACHER RA-
member or retired member if such former TIOS.—The maximum student-to-teacher ra-
motions: procedures for review and pro-
member or retired member is deceased, of tios specified in this subsection are the fol-
motion’’.
the promotion. lowing:
‘‘(d) NATURE OF PROMOTION.—Any pro- (c) CLERICAL AMENDMENT.—The table of
sections at the beginning of chapter 80 of (1) For each of grades kindergarten
motion pursuant to this section is honorary, through 3, a ratio of 18 students to 1 teacher
and shall not affect the pay, retired pay, or such title is amended by striking the item
relating to section 1563 and inserting the fol- (18:1).
other benefits from the United States to (2) For each of grades 4 through 12, a ratio
which the former member or retired member lowing new items:
equal to the average student-to-teacher ratio
concerned is entitled or would have been en- ‘‘1563. Consideration of proposals from Mem-
for such grade among all Department of De-
titled based on the military service of such bers of Congress for honorary
fense Education Activity schools during the
former member or retired member, nor affect promotions: procedures for re-
2019–2020 academic year.
any benefits to which any other person is or view and promotion.
(c) SUNSET.—The requirement to staff
may become entitled based on the military ‘‘1563a. Honorary promotions on the initia-
schools in accordance with subsection (a)
service of such former member or retired tive of the Department of De-
shall expire at the end of the 2023–2024 aca-
member.’’. fense.’’.
demic year of the Department of Defense
(b) MODIFICATION OF AUTHORITIES ON RE- Subtitle G—Defense Dependents’ Education Education Activity.
VIEW OF PROPOSALS FROM CONGRESS.— and Military Family Readiness Matters
SEC. 564. MATTERS IN CONNECTION WITH FREE
(1) STANDARDIZATION OF AUTHORITIES WITH PART I—DEFENSE DEPENDENTS’ APPROPRIATE PUBLIC EDUCATION
AUTHORITIES ON DOD INITIATIVE.—Section 1563 EDUCATION MATTERS FOR DEPENDENTS OF MEMBERS OF
of title 10, United States Code, is amended— SEC. 561. CONTINUATION OF AUTHORITY TO AS- THE ARMED FORCES WITH SPECIAL
(A) in subsection (a)— SIST LOCAL EDUCATIONAL AGEN- NEEDS.
(i) in the first sentence, by striking ‘‘the CIES THAT BENEFIT DEPENDENTS (a) INFORMATION ON DISPUTES REGARDING
posthumous or honorary promotion or ap- OF MEMBERS OF THE ARMED RECEIPT OF FREE APPROPRIATE PUBLIC EDU-
pointment of a member or former member of FORCES AND DEPARTMENT OF DE- CATION BY SPECIAL NEEDS DEPENDENTS.—
FENSE CIVILIAN EMPLOYEES.
the armed forces, or any other person consid- (1) IN GENERAL.—Each Secretary of a mili-
ered qualified,’’ and inserting ‘‘the honorary (a) ASSISTANCE TO SCHOOLS WITH SIGNIFI- tary department shall collect and maintain
CANT NUMBERS OF MILITARY DEPENDENT STU-
promotion (whether or not posthumous) of a information on special education disputes
DENTS.—Of the amount authorized to be ap-
former member or retired member of the filed by members of the Armed Forces under
propriated for fiscal year 2021 by section 301
armed forces’’; and the jurisdiction of such Secretary.
and available for operation and maintenance
(ii) in the second sentence, by striking (2) INFORMATION.—The information col-
for Defense-wide activities as specified in the
‘‘the posthumous or honorary promotion or lected and maintained pursuant to this sub-
funding table in section 4301, $50,000,000 shall
appointment’’ and inserting ‘‘the pro- section shall include the following:
be available only for the purpose of providing
motion’’; and assistance to local educational agencies (A) The number of special education dis-
(B) in subsection (b), by striking ‘‘the post- under subsection (a) of section 572 of the Na- putes filed.
humous or honorary promotion or appoint- tional Defense Authorization Act for Fiscal (B) The outcome or disposition of the dis-
ment’’ and inserting ‘‘the honorary pro- Year 2006 (Public Law 109–163; 20 U.S.C. putes.
motion’’. 7703b). (3) SOURCE OF INFORMATION.—The informa-
(2) AUTHORITY TO MAKE HONORARY PRO- (b) LOCAL EDUCATIONAL AGENCY DEFINED.— tion collected and maintained pursuant to
MOTIONS FOLLOWING REVIEW OF PROPOSALS.— this subsection shall be derived from the fol-
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In this section, the term ‘‘local educational
Such section is further amended— agency’’ has the meaning given that term in lowing:
(A) by redesignating subsection (c) as sub- section 7013(9) of the Elementary and Sec- (A) Records and reports of case managers
section (d); and ondary Education Act of 1965 (20 U.S.C. and navigators under the Exceptional Fam-
(B) by inserting after subsection (b) the 7713(9)). ily Member Program (EFMP) of the Depart-
following new subsection (c): SEC. 562. IMPACT AID FOR CHILDREN WITH SE- ment of Defense.
‘‘(c) AUTHORITY TO MAKE.—(1) Under regu- VERE DISABILITIES. (B) Reports of members of the Armed
lations prescribed by the Secretary of De- (a) IN GENERAL.—Of the amount authorized Forces concerned to installation or other
fense, the Secretary of Defense may make an to be appropriated for fiscal year 2021 pursu- military leadership.
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S5020 CONGRESSIONAL RECORD — SENATE August 5, 2020
(C) Such other sources as the Secretary of 8101 of the Elementary and Secondary Edu- (1) The term ‘‘rural area’’ has the meaning
the military department concerned considers cation Act of 1965 (20 U.S.C. 7801). given the term in section 520 of the Housing
appropriate. (3) The term ‘‘special education dispute’’ Act of 1949 (42 U.S.C. 1490).
(4) ANNUAL REPORTS.— Each Secretary of a means a complaint filed regarding the edu- (2) The term ‘‘home-schooled student’’
military department shall submit each year cation provided a child with a disability (as means a student in a grade equivalent to
to the Office of Special Needs of the Depart- defined in section 602 of the Individuals with grade 9 through 12 who receives educational
ment of Defense a report on the information Disabilities Education Act (20 U.S.C. 1401), instruction at home or by other non-tradi-
collected by such Secretary pursuant to this including a complaint filed in accordance tional means outside of a public or private
subsection during the preceding year. with section 615 or 639 of such Act (20 U.S.C. school system, either all or most of the time.
(b) COMPTROLLER GENERAL OF THE UNITED 1415, 1439). SEC. 566. PILOT PROGRAM ON EXPANSION OF
STATES STUDY.— ELIGIBILITY FOR ENROLLMENT AT
SEC. 565. PILOT PROGRAM ON EXPANDED ELIGI-
(1) IN GENERAL.—The Comptroller General DOMESTIC DEPENDENT ELEMEN-
BILITY FOR DEPARTMENT OF DE-
TARY AND SECONDARY SCHOOLS.
of the United States shall conduct a study on FENSE EDUCATION ACTIVITY VIR-
the following: TUAL HIGH SCHOOL PROGRAM. (a) PILOT PROGRAM REQUIRED.—Beginning
(A) The consequences for a State or local not later than 180 days after the date of the
(a) PILOT PROGRAM REQUIRED.— enactment of this Act, the Secretary of De-
educational agency of a finding of failure to (1) IN GENERAL.—The Secretary of Defense
provide a free appropriate public education fense shall carry out a pilot program under
shall carry out a pilot program on permit- which a dependent of a full-time, active-duty
to a military dependent. ting dependents of members of the Armed
(B) The manner in which local educational member of the Armed Forces may enroll in a
Forces on active duty to enroll in the De- covered DODEA school at the military in-
agencies with military families use the fol- partment of Defense Education Activity Vir-
lowing: stallation to which the member is assigned,
tual High School program (in this section re- on a space-available basis as described in
(i) Funds received under section 7003(d) of ferred to as the ‘‘DVHS program’’).
the Elementary and Secondary Education subsection (c), without regard to whether the
(2) PURPOSES.—The purposes of the pilot member resides on the installation as de-
Act of 1965 (20 U.S.C. 7703(d)). program shall be as follows:
(ii) Funds authorized to be appropriated by scribed in 2164(a)(1) of title 10, United States
(A) To evaluate the feasibility and Code.
annual national defense authorization Acts scalability of the DVHS program.
and made available for impact aid for child (b) PURPOSES.—The purposes of the pilot
(B) To assess the impact of expanded en- program under this section are—
with severe disabilities under section 363 of rollment in the DVHS program under the
the Floyd D. Spence National Defense Au- (1) to evaluate the feasibility and advis-
pilot program on military and family readi- ability of expanding enrollment in covered
thorization Act for Fiscal Year 2001 (20 ness.
U.S.C. 7703a). DODEA schools; and
(3) DURATION.—The duration of the pilot (2) to determine how increased access to
(iii) Funds authorized to be appropriated program shall be four academic years.
by annual national defense authorization such schools will affect military and family
Acts and made available for assistance to (b) PARTICIPANTS.— readiness.
schools with significant number of military (1) IN GENERAL.—Participants in the pilot (c) ENROLLMENT ON SPACE-AVAILABLE
dependent students under subsection (a) of program shall be selected by the Secretary BASIS.—A student participating in the pilot
section 572 of the National Defense Author- from among dependents of members of the program under this section may be enrolled
ization Act for Fiscal Year 2006 (20 U.S.C. Armed Forces on active duty who— in a covered DODEA school only if the school
7703b). (A) are in a grade 9 through 12; has the capacity to accept the student, as de-
(C) The efficacy of attorney and other legal (B) are currently ineligible to enroll in the termined by the Director of the Department
support for military families in special edu- DVHS program; and of Defense Education Activity.
(C) either— (d) LOCATIONS.—The Secretary of Defense
cation disputes.
(i) require supplementary courses to meet shall carry out the pilot program under this
(D) The standardization of policies and
graduation requirements in the current section at not more than four military in-
guidance for School Liaison Officers between
State of residence; or stallations at which covered DODEA schools
the Office of Special Needs of the Depart-
(ii) otherwise demonstrate to the Sec- are located. The Secretary shall select mili-
ment of Defense and the military depart-
retary a clear need to participate in the tary installations for participation in the
ments, and the efficacy of such policies and
DVHS program. pilot program based on—
guidance.
(2) PREFERENCE IN SELECTION.—In selecting (1) the readiness needs of the Secretary of
(E) The improvements of family support
participants in the pilot program, the Sec- a the military department concerned; and
programs of the Office of Special Needs, and
retary shall afford a preference to the fol- (2) the capacity of the DODEA schools lo-
of each military department, in light of the
lowing: cated at the installation to accept additional
recommendations of the Comptroller Gen-
(A) Dependents who reside in a rural area. students, as determined by the Director of
eral in the report entitled ‘‘DOD Should Im-
(B) Dependents who are home-schooled stu- the Department of Defense Education Activ-
prove Its Oversight of the Exceptional Fam-
dents. ity.
ily Member Program’’, GAO–18–348.
(3) LIMITATIONS.—The total number of (e) TERMINATION.—The authority to carry
(2) RECOMMENDATIONS.—In conducting the
course enrollments per academic year au- out the pilot program under this section
study, the Comptroller General shall develop
thorized under the pilot program may not shall terminate four years after the date of
recommendations on the following:
exceed 400 course enrollments. No single de- the enactment of this Act.
(A) Improvements and enhancements to
pendent participating in the pilot program (f) COVERED DODEA SCHOOL DEFINED.—In
oversight and enforcement of compliance by
may take more than two courses per aca- this section, the term ‘‘covered DODEA
local educational agencies with require-
demic year under the pilot program. school’’ means a domestic dependent elemen-
ments for the provision of a free appropriate
(c) REPORTS.— tary or secondary school operated by the De-
public education to military dependents with
(1) INTERIM REPORT.—Not later than two partment of Defense Education Activity
special needs.
years after the date of the enactment of this that—
(B) Improvements to the policies of the Of-
Act, the Secretary shall submit to the Com- (1) has been established on or before the
fice of Special Needs, and of each military
mittees on Armed Services of the Senate and date of the enactment of this Act; and
department, with respect to the standardiza-
the House of Representatives an interim re- (2) is located in the continental United
tion and efficacy of policies and programs for
port on the pilot program. States.
military dependents with special needs.
(2) FINAL REPORT.—Not later than 180 days SEC. 567.
COMPTROLLER GENERAL OF THE
(3) DEADLINE FOR COMPLETION.—The Comp-
UNITED STATES REPORT ON THE
troller General shall complete the study by after the completion of the pilot program,
STRUCTURAL CONDITION OF DE-
not later than March 31, 2021. the Secretary shall submit to the commit- PARTMENT OF DEFENSE EDU-
(4) BRIEFING AND REPORT.—Upon comple- tees of Congress referred to in paragraph (1) CATION ACTIVITY SCHOOLS.
tion of the study, the Comptroller General a final report on the pilot programs. (a) REPORT REQUIRED.—Not later than one
shall brief the Committees on Armed Serv- (3) ELEMENTS.—Each report under this sub- year after the date of the enactment of this
ices of the Senate and the House of Rep- section shall include the following: Act, the Comptroller General of the United
resentatives on the results of the study, and (A) A description of the demographics of States shall submit to the congressional de-
shall submit to such committees a report on the dependents participating in the pilot pro- fense committees a report setting forth an
such results. gram through the date of such report. assessment by the Comptroller General of
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(c) DEFINITIONS.—In this section: (B) Data on, and an assessment of, student the structural condition of schools of the De-
(1) The term ‘‘free appropriate public edu- performance in virtual coursework by de- partment of Defense Education Activity,
cation’’ includes appropriate special edu- pendents participating in the pilot program both within the continental United States
cation and related services required under over the duration of the pilot program. (CONUS) and outside the continental United
the Individuals with Disabilities Education (C) Such recommendation as the Secretary States (OCONUS).
Act (20 U.S.C. 1400 et seq.) considers appropriate on whether to make (b) VIRTUAL SCHOOLS.—The report shall in-
(2) The term ‘‘local educational agency’’ the pilot program permanent. clude an assessment of the virtual infra-
has the meaning given that term in section (d) DEFINITIONS.—In this section: structure or other means by which students
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S5021
attend Department of Defense Education Ac- cluding a systematic process for evaluating from the new jurisdiction in connection with
tivity schools that have no physical struc- each military department’s program for the such reassignment.’’.
ture, including the satisfaction of the mili- support of military families with special (b) REPEAL OF SUPERSEDED AUTHORITY.—
tary families concerned with such infrastruc- needs. Section 476 of such title is amended by strik-
ture or other means. ‘‘(2) The reassignment of military families ing subsection (p).
PART II—MILITARY FAMILY READINESS with special needs, including how often SEC. 575. IMPROVEMENTS TO DEPARTMENT OF
members request reassignments, for what DEFENSE TRACKING OF AND RE-
MATTERS
reasons, and from what military installa- SPONSE TO INCIDENTS OF CHILD
SEC. 571. RESPONSIBILITY FOR ALLOCATION OF ABUSE INVOLVING MILITARY DE-
CERTAIN FUNDS FOR MILITARY tions. PENDENTS ON MILITARY INSTALLA-
CHILD DEVELOPMENT PROGRAMS. ‘‘(3) The level of satisfaction of military TIONS.
Section 1791 of title 10, United States Code, families with special needs with the family (a) IMPROVEMENTS REQUIRED.—
is amended— and medical support they are provided.’’. (1) IN GENERAL.—The Secretary of Defense
(1) by inserting ‘‘(a) POLICY.—’’ before ‘‘It SEC. 573. PROCEDURES OF THE OFFICE OF SPE- shall, consistent with recommendations of
is the policy’’; and CIAL NEEDS FOR THE DEVELOP-
the Comptroller General of the United States
MENT OF INDIVIDUALIZED SERV-
(2) by adding at the end the following new in Government Accountability Office report
ICES PLANS FOR MILITARY FAMI-
subsection: LIES WITH SPECIAL NEEDS. GA0–20–110, take actions in accordance with
‘‘(b) RESPONSIBILITY FOR ALLOCATIONS OF this section in order to improve the efforts of
Section 1781c(d)(4) of title 10, United States
CERTAIN FUNDS.—The Secretary of Defense the Department of Defense to track and re-
Code, as amended by section 572(3)(C) of this
shall be responsible for the allocation of Of- spond to incidents of child abuse involving
Act, is further amended—
fice of the Secretary of Defense level funds dependents of members of the Armed Forces
(1) in subparagraph (F), by striking ‘‘of an
for military child development programs for that occur on military installations (in this
individualized services plan (medical and
children from birth through 12 years of age, section referred to as ‘‘covered incidents of
educational)’’ and inserting ‘‘by an appro-
and may not delegate such responsibility to child abuse’’).
priate office of an individualized services
the military departments.’’. (2) CHILD ABUSE.—For purposes of this sec-
plan (whether medical, educational, or
SEC. 572. IMPROVEMENTS TO EXCEPTIONAL FAM- both)’’; tion, child abuse includes any abuse of a
ILY MEMBER PROGRAM. child, including sexual abuse, emotional
(2) by redesignating subparagraphs (G), (H),
Section 1781c of title 10, United States and (I) as subparagraph (H), (I), and (J), re- abuse, and neglect.
Code is amended— spectively; and (b) DATA COLLECTION AND TRACKING OF INCI-
(1) in subsection (b), by striking ‘‘enhance’’ DENTS OF CHILD ABUSE.—
(3) by inserting after subparagraph (F) the
and inserting ‘‘standardize, enhance,’’; following new paragraph (G): (1) TRACKING OF NON-CAREGIVER ABUSE.—
(2) in subsection (c)(1), by inserting ‘‘and ‘‘(G) Procedures for the development of an The Secretary of Defense shall establish a
standard’’ after ‘‘comprehensive’’; individualized services plan for military fam- process for the Department of Defense Fam-
(3) in subsection (d)— ily members with special needs who have re- ily Advocacy Program to track reported cov-
(A) in paragraph (1), by striking ‘‘update quested family support services and have a ered incidents of child abuse in which the al-
from time to time’’ and inserting ‘‘regularly completed family needs assessment.’’. leged offender is not a parent, guardian, or
update’’; someone in a caregiving role at the time of
SEC. 574. RESTATEMENT AND CLARIFICATION OF
(B) in paragraph (3), by adding at the end AUTHORITY TO REIMBURSE MEM-
the incident. The information so tracked
the following new subparagraphs: BERS FOR SPOUSE RELICENSING shall comport with the information tracked
‘‘(C) Ability to request a second review of COSTS PURSUANT TO A PERMANENT by the Department of Defense in reported
the approved assignment within or outside CHANGE OF STATION. covered incidents of child abuse in which the
the continental United States if the member (a) IN GENERAL.—Section 453 of title 37, alleged offender is a parent, guardian, or
believes the location is inappropriate for the United States Code, is amended by adding at someone in a caregiving role at the time of
member’s family and would cause undue the end the following new subsection: the incident.
hardship. ‘‘(g) REIMBURSEMENT OF QUALIFYING (2) CENTRALIZED DATABASE FOR TRACKING OF
‘‘(D) Protection from having a medical rec- SPOUSE RELICENSING COSTS INCIDENT TO A INCIDENTS.—
ommendation for an approved assignment MEMBER’S PERMANENT CHANGE OF STATION OR (A) IN GENERAL.—The Secretary shall de-
overriden by the commanding officer. ASSIGNMENT.—(1) From amounts otherwise velop and maintain in the Department of De-
‘‘(E) Ability to request continuation of lo- made available for a fiscal year to provide fense a centralized database to track infor-
cation when there is a documented substan- travel and transportation allowances under mation across the Department on all covered
tial risk of transferring medical care or edu- this chapter, the Secretary concerned may incidents of child abuse that are reported to
cational services to a new provider or school reimburse a member of the armed forces for the Family Advocacy Program or inves-
at the specific time of permanent change of qualified relicensing costs of the spouse of tigated by a military criminal investigation
station. the member when— organization, regardless of whether the al-
‘‘(F) If an order for assignment is declined ‘‘(A) the member is reassigned, either as a leged offender was another child, an adult, or
for a military family with special needs, the permanent change of station or permanent someone in a non-caregiving role at the time
member will receive a reason for the decline change of assignment, between duty stations of an incident.
of that order.’’; and located in separate jurisdictions with unique (B) ELEMENTS.—The centralized database
(C) in paragraph (4), by adding at the end licensing or certification requirements and required by this paragraph shall include, for
the following new subparagraphs: authorities; and each incident within the database, the fol-
‘‘(H) Procedures to right-size the Depart- ‘‘(B) the movement of the member’s de- lowing:
ment’s Exceptional Family Member Program pendents is authorized at the expense of the (i) Information pertinent to a determina-
to ensure efficient and effective enrollment, United States under this section as part of tion by the Family Advocacy Program
for sufficient staffing dedicated to providing the reassignment. whether such incident meets the criteria of
family support services, to include com- ‘‘(2) Reimbursement provided to a member the Department for treatment as an incident
prehensive training, education and outreach under this subsection may not exceed $1000 of child abuse.
services, and sufficient oversight and admin- in connection with each reassignment de- (ii) The results of any investigation of such
istrative support for effective program oper- scribed in paragraph (1). incident by a military criminal investigation
ation. ‘‘(3) No reimbursement may be provided organization.
‘‘(I) Requirements to prohibit under this subsection for qualified reli- (iii) Information on the ultimate disposi-
disenrollment from the Exceptional Family censing costs paid or incurred after Decem- tion of the incident, if any, including any ad-
Member Program unless there is new sup- ber 31, 2024. ministrative or prosecutorial action taken.
porting medical or educational information ‘‘(4) In this subsection, the term ‘qualified (C) ANNUAL REPORTS ON INFORMATION.—The
that indicates the original condition is no relicensing costs’ means costs, including information collected and maintained in the
longer present, and to track disenrollment exam, continuing education courses, and reg- centralized database shall be reported on an
data per military service.’’; istration fees, incurred by the spouse of a annual basis as part of the annual reports
(4) by redesignating subsections (f), (g), and member if— from the Family Advocacy Program on child
(h) as subsections (g), (h), and (i), respec- ‘‘(A) the spouse was licensed or certified in abuse and domestic abuse in the military as
tively; and a profession during the member’s previous required by section 574 of the National De-
(5) by inserting after subsection (e) the fol- duty assignment and requires a new license fense Authorization Act for Fiscal Year 2017
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lowing new subsection: or certification to engage in that profession (Public Law 114–328; 130 Stat. 2141).
‘‘(f) METRICS.—The Secretary of Defense in a new jurisdiction because of movement (D) BRIEFINGS.—Not later than March 31,
shall implement performance metrics for described in paragraph (1)(B) in connection 2021, and every six months thereafter until
measuring, across the Department and with with the member’s change in duty location the centralized database required by this
respect to each military department, the fol- pursuant to reassignment described in para- paragraph is fully operational, the Secretary
lowing: graph (1)(A); and shall brief the Committees on Armed Serv-
‘‘(1) Assignment coordination and support ‘‘(B) the costs were incurred or paid to se- ices of the Senate and the House of Rep-
for military families with special needs, in- cure or maintain the license or certification resentatives on the status of the database.
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S5022 CONGRESSIONAL RECORD — SENATE August 5, 2020
(3) DEPARTMENT OF DEFENSE EDUCATION AC- (6) RESOURCE GUIDE FOR FAMILIES AFFECTED adding at the end the following new sub-
TIVITY GUIDANCE.—The Department of De- BY CHILD ABUSE.— sections:
fense Education Activity (DoDEA) shall (A) IN GENERAL.—The Secretary of each ‘‘(c) LIBERAL ISSUANCE OF HARDSHIP WAIV-
issue clarifications of its guidance on the in- military department shall develop and main- ERS.—The regulations prescribed pursuant to
cidents of child-on-child abuse that qualify tain a comprehensive guide on resources subsection (a) shall require that installation
as serious incidents for purposes of require- available through the Department of Defense commanders issue waivers of fees otherwise
ments for the reporting of such serious inci- and such military department for military established under the regulations for inabil-
dents by school administrators to Activity families under this jurisdiction of such Sec- ity to pay (commonly referred to as ‘hard-
leadership. retary who are affected by child abuse. ship waivers’) on a liberal basis in a manner
(c) RESPONSE PROCEDURES.— (B) ELEMENTS.—Each guide under this consistent (as specified by the Secretary in
(1) INCIDENT DETERMINATION COMMITTEE paragraph shall include the following: such regulations) with ensuring that fees
MEMBERSHIP.—The Department of Defense (i) Information on the response processes collected pursuant to subsection (a) meet the
Family Advocacy Program shall ensure that of the Family Advocacy Programs and mili- operating expenses of the child development
the voting membership of each Incident De- tary criminal investigation organizations of centers concerned.
termination Committee on a military instal- the military department concerned. ‘‘(d) FAMILY DISCOUNT.—In the case of a
lation includes medical personnel with the (ii) Lists of available support services, such family with two or more children attending
requisite knowledge and expertise to deter- as legal, medical, and victim advocacy serv- a child development center, the regulations
mine whether a reported covered incident of ices, through the Department of Defense and prescribed pursuant to subsection (a) shall
abuse meets the criteria of the Department the military department concerned. require that installations commanders
of Defense for treatment as child abuse. (C) DISTRIBUTION.—A resource guide under charge a fee for attendance at the center of
(2) SCREENING REPORTED INCIDENTS OF CHILD this paragraph shall be presented to a mili- any child of the family after the first child of
ABUSE.— tary family by an installation Family Advo- the family in amount equal to 85 percent of
(A) DEVELOPMENT OF STANDARDIZED PROC- cacy Program and military criminal inves- the amount of the fee otherwise chargeable
ESS.—The Department of Defense Family Ad- tigation personnel at the time a covered in- for the attendance of such child at the cen-
vocacy Program shall develop a standardized ter.’’.
cident of child abuse involving a child in
(b) CHILD CARE FEE ASSISTANCE PROGRAMS
process by which the Family Advocacy Pro- such family is reported. THROUGHOUT THE ARMED FORCES.—
grams of the military departments screen re- (D) AVAILABILITY ON INTERNET.—A current (1) PROGRAMS AUTHORIZED.—Each Sec-
ported covered incidents of child abuse to de- version of each resource guide under this
retary of a military department may carry
termine whether to present such incident to paragraph shall be available to the public on
out a program for each Armed Force under
an Incident Determination Committee. an Internet website of the military depart-
the jurisdiction of such Secretary under
(B) MONITORING.—The Secretary of each ment concerned available to the public.
which a member of the Armed Forces who is
military department shall develop a process (d) COORDINATION AND COLLABORATION WITH
obtaining child care services from a civilian
to monitor the manner in which reported NON-MILITARY RESOURCES.—
child care services provider located off a
covered incidents of child abuse are screened (1) COORDINATION WITH STATES.—The Sec-
military installation is paid (subject to any
by each installation under the jurisdiction of retary of Defense shall—
limitation established by such Secretary) a
such Secretary in order to ensure that such (A) continue the outreach efforts of the De-
monthly amount equal to the amount, if
screening complies with the standardized partment of Defense to the States in order to
any, by which—
screening process developed pursuant to sub- ensure that States are notified when a mem-
(A) the monthly amount charged by such
paragraph (A). ber of the Armed Forces or a military de-
provider for such services; exceeds
(3) REQUIRED NOTIFICATIONS.— pendent is involved in a reported incident of
(B) the monthly amount the military de-
(A) DOCUMENTATION.—The Secretary of child abuse off a military installation; and
partment concerned pays or otherwise pro-
each military department shall require that (B) increase efforts at information sharing
vides members at such installation for child
installation Family Advocacy Programs and between the Department and the States on
care services on such installation.
military criminal investigation organiza- such incidents of child abuse, including
(2) MODEL.—Any program carried out pur-
tions under the jurisdiction of such Sec- entry into memoranda of understanding with
suant to paragraph (1) shall be modeled after
retary document in their respective data- State child welfare agencies on information
the Army Fee Assistance Program, and in-
bases the date on which they notified the sharing in connection with such incidents.
corporate such modifications to that Pro-
other of a reported covered incident of child (2) COLLABORATION WITH NATIONAL CHIL-
gram as the Secretary of the military de-
abuse. DREN’S ALLIANCE.—
partment concerned considers appropriate.
(B) OVERSIGHT.—The Secretary of each (A) MEMORANDA OF UNDERSTANDING.—The
(3) SECRETARY OF DEFENSE APPROVAL.—Any
military department shall require that the Secretary of each military department shall
program of an Armed Force under paragraph
Family Advocacy Program of such military seek to enter into a memorandum of under-
(1) shall be subject to the approval of the
department, and the headquarters of the standing with the National Children’s Alli-
Secretary of Defense.
military criminal investigation organiza- ance under which— (c) ADDITIONAL ACTIONS TO OBTAIN QUALI-
tions of such military department, to de- (i) the children’s advocacy center services FIED CHILD CARE EMPLOYEES.—
velop processes to oversee the documenta- of the Alliance are available to all installa- (1) IN GENERAL.—Section 1792 of title 10,
tion of notifications required by subpara- tions in the continental United States under United States Code, is amended—
graph (A) in order to ensure that such notifi- the jurisdiction of such Secretary; and (A) by redesignating subsection (d) as sub-
cations occur on a consistent basis at instal- (ii) members of the Armed Forces under section (e); and
lation level. the jurisdiction of such Secretary are made (B) by inserting after subsection (c) the fol-
(4) CERTIFIED PEDIATRIC SEXUAL ASSAULT aware of the nature and availability of such lowing new subsection (d):
FORENSIC EXAMINERS.— services. ‘‘(d) ADDITIONAL ACTIONS TO OBTAIN QUALI-
(A) GEOGRAPHIC REGIONS FOR EXAMINERS.— (B) PARTICIPATION OF CERTAIN ENTITIES.— FIED EMPLOYEES.—Each Secretary of a mili-
The Under Secretary of Defense for Per- Each memorandum of understanding under tary department may, with the approval of
sonnel and Readiness shall specify geo- this paragraph shall provide for the appro- the Secretary of Defense, take actions in ad-
graphic regions in which military families priate participation of the Family Advocacy dition to actions authorized by subsection (c)
reside for purposes of the availability of and Program and military criminal investigation to provide military child development cen-
access to certified pediatric sexual assault organizations of the military department ters under the jurisdiction of such Secretary
examiners in such regions. concerned in activities under such memo- with a qualified and stable civilian work-
(B) AVAILABILITY.—The Under Secretary randum of understanding. force, including actions as follows:
shall ensure that— (C) BRIEFING.—Not later than one year ‘‘(1) Enhanced marketing and recruitment
(i) one or more certified pediatric sexual after the date of the enactment of this Act, for employment.
assault examiners are located in each geo- the Secretary of each military department ‘‘(2) Provision to employees of education-
graphic region specified pursuant to subpara- shall provide to the Committees on Armed related benefits, including tuition assistance
graph (A); and Services of the Senate and the House of Rep- and student loan repayment programs.
(ii) examiners so located serve as certified resentatives a briefing on the status of the ‘‘(3) Availability and enhancement of
pediatric sexual assault examiners through- development of a memorandum of under- wellness and physical fitness programs for
out such region, without regard to Armed standing with the National Children’s Alli- employees.
Force or installation. ance under this paragraph, together with in- ‘‘(4) Provision of such other competitive
(5) REMOVAL OF CHILDREN FROM UNSAFE formation on which installations, if any, benefits as the Secretary of the military de-
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HOMES OVERSEAS.—The Secretary of Defense under the jurisdiction of such Secretary have partment and the Secretary of Defense joint-
shall, in consultation with the Secretaries of entered into a written agreement with a ly consider appropriate.’’.
the military departments, issue policy that local children’s advocacy center with respect (2) REPORTS ON INSTALLATIONS WITH EX-
clarifies and standardizes across the Armed to child abuse on such installations. TREME IMBALANCE BETWEEN DEMAND FOR AND
Forces the circumstances under which a SEC. 576. MILITARY CHILD CARE AND CHILD DE- AVAILABILITY OF CHILD CARE.—Not later than
commander may remove a child from a po- VELOPMENT CENTER MATTERS. one year after the date of the enactment of
tentially unsafe home at an installation (a) CENTER FEES MATTERS.—Section 1793 of this Act, each Secretary of a military de-
overseas. title 10, United States Code, is amended by partment shall submit to Congress a report
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August 5, 2020 CONGRESSIONAL RECORD — SENATE S5023
on the military installations under the juris- (1) in the subject or title block of a law en- (iii) A request for assistance under the pro-
diction of such Secretary with an extreme forcement or criminal investigative report of cedures required by subparagraph (B).
imbalance between demand for child care the Department of Defense (or any compo- (D) Mechanisms through which the Depart-
and availability of child care. Each report nent of the Department); ment will keep a covered person apprised of
shall include, for the military department (2) as an item or entry in the Department the progress of the Department on a covered
covered by such report, the following: of Defense Central Index of Investigations; or person’s request or appeal as described in
(A) The name of the five installations of (3) in any other record maintained in con- subparagraph (C).
the military department experiencing the nection with a report described in paragraph (d) APPLICABILITY.—The policy and process
most extreme imbalance between demand for (1), or an index item or entry described in required to be developed by the Secretary
child care and availability of child care. paragraph (2), in any system of records, under subsection (a) shall not be subject to
(B) For each installation named pursuant records database, records center, or reposi- the notice and comment rulemaking require-
to subparagraph (A), the following: tory maintained by or on behalf of the De- ments under section 553 of title 5, United
(i) An assessment whether civilian employ- partment. States Code.
ees at child development centers at such in- (e) REPORT.—Not later than October 1, 2021,
(c) ELEMENTS.—The policy and process re-
stallation have rates of pay and benefits that the Secretary shall submit to the Commit-
quired by subsection (a) shall include the fol-
are competitive with other civilian employ- tees on Armed Services of the Senate and the
lowing elements:
ees on such installation and with the civilian House of Representatives a report on the ac-
(1) BASIS FOR CORRECTION OR
tions taken to carry out this section, includ-
labor pool in the vicinity of such installa-
EXPUNGEMENT.—That the name, personally
tion. ing a comprehensive description of the pol-
identifying information, and other informa- icy and process developed and implemented
(ii) A description and assessment of var-
tion of a covered person shall be corrected by the Secretary under subsection (a).
ious incentives to encourage military
in, or expunged or otherwise removed from, a
spouses to become providers under the Fam- SEC. 587. NATIONAL EMERGENCY EXCEPTION
report, item or entry, or record described in FOR TIMING REQUIREMENTS WITH
ily Child Care program at such installation.
paragraphs (1) through (3) of subsection (a) RESPECT TO CERTAIN SURVEYS OF
(iii) Such recommendations at the Sec-
in the following circumstances: MEMBERS OF THE ARMED FORCES.
retary of the military department concerned
(A) Probable cause did not or does not (a) MEMBERS OF REGULAR AND RESERVE
considers appropriate to address the imbal-
ance between demand for child care and exist to believe that the offense for which COMPONENTS.—Subsection (d) of section 481
availability of child care at such installa- the person’s name was placed or reported, or of title 10, United States Code, is amended to
tion, including recommendations to enhance is maintained, in such report, item or entry, read as follows:
or record occurred, or insufficient evidence ‘‘(d) WHEN SURVEYS REQUIRED.—(1) The
the competitiveness of civilian child care po-
existed or exists to determine whether or not Armed Forces Workplace and Gender Rela-
sitions at such installation with other civil-
such offense occurred. tions Surveys of the Active Duty and the
ian positions at such installation and the ci-
(B) Probable cause did not or does not exist Armed Forces Workplace and Gender Rela-
vilian labor pool in the vicinity of such in-
to believe that the person actually com- tions Survey of the Reserve Components
stallation.
mitted the offense for which the person’s shall each be conducted once every two
SEC. 577. EXPANSION OF FINANCIAL ASSISTANCE
UNDER MY CAREER ADVANCEMENT name was so placed or reported, or is so years. The surveys may be conducted within
ACCOUNT PROGRAM. maintained, or insufficient evidence existed the same year or in two separate years, and
Section 580F of the National Defense Au- or exists to determine whether or not the shall be conducted in a manner designed to
thorization Act for Fiscal Year 2020 (Public person actually committed such offense. reduce the burden of the surveys on members
Law 116–92) is amended— (C) Such other circumstances, or on such of the armed forces.
(1) by inserting ‘‘(a) PROFESSIONAL LICENSE other bases, as the Secretary may specify in ‘‘(2) The two Armed Forces Workplace and
OR CERTIFICATION; ASSOCIATE’S DEGREE.—’’ establishing the policy and process, which Equal Opportunity Surveys shall be con-
before ‘‘The Secretary’’; circumstances and bases may not be incon- ducted at least once every four years. The
(2) by inserting ‘‘or maintenance (including sistent with the circumstances and bases surveys may be conducted within the same
continuing education courses)’’ after ‘‘pur- provided by subparagraphs (A) and (B). year or in two separate years, and shall be
suit’’; and (2) CONSIDERATIONS.—While not dispositive conducted in a manner designed to reduce
(3) by adding at the end the following new as to the existence of a circumstance or basis the burden of the surveys on members of the
subsection: set forth in paragraph (1), the following shall armed forces.
‘‘(b) NATIONAL TESTING.—Financial assist- be considered in the determination whether ‘‘(3)(A) The Secretary of Defense may post-
ance under subsection (a) may be applied to such circumstance or basis applies to a cov- pone the conduct of a survey under this sec-
the costs of national tests that may earn a ered person for purposes of this section: tion if the Secretary determines that con-
participating military spouse course credits (A) The extent or lack of corroborating ducting such survey is not practicable due to
required for a degree approved under the pro- evidence against the covered person con- a war or national emergency declared by the
gram (including the College Level Examina- cerned with respect to the offense at issue. President or Congress.
tion Program tests).’’. ‘‘(B) The Secretary shall ensure that a sur-
(B) Whether adverse administrative, dis-
vey postponed under subparagraph (A) is
Subtitle H—Other Matters ciplinary, judicial, or other such action was
conducted as soon as practicable after the
SEC. 586. REMOVAL OF PERSONALLY IDENTI- initiated against the covered person for the
end of the period of war or national emer-
FYING AND OTHER INFORMATION offense at issue.
OF CERTAIN PERSONS FROM INVES- gency concerned, or earlier if the Secretary
(C) The type, nature, and outcome of any
TIGATIVE REPORTS, THE DEPART- determines appropriate.
action described in subparagraph (B) against ‘‘(C) The Secretary shall notify Congress of
MENT OF DEFENSE CENTRAL INDEX
the covered person. a determination under subparagraph (A) not
OF INVESTIGATIONS, AND OTHER
RECORDS AND DATABASES. (3) PROCEDURES.—The policy and process later than 30 days after the date on which
(a) POLICY AND PROCESS REQUIRED.—Not required by subsection (a) shall include pro- the Secretary makes such determination.’’.
later than October 1, 2021, the Secretary of cedures as follows: (b) CADETS AND MIDSHIPMEN.—
Defense shall establish and maintain a pol- (A) Procedures under which a covered per- (1) UNITED STATES MILITARY ACADEMY.—
icy and process through which any covered son may appeal a determination of the appli- Section 7461(c) of title 10, United States
person may request that the person’s name, cable component of the Department of De- Code, is amended by adding at the end the
personally identifying information, and fense denying, whether in whole or in part, a following new paragraph:
other information pertaining to the person request for purposes of subsection (a). ‘‘(3)(A) The Secretary of Defense may post-
shall, in accordance with subsection (c), be (B) Procedures under which the applicable pone the conduct of an assessment under this
corrected in, or expunged or otherwise re- component of the Department will correct, subsection if the Secretary determines that
moved from, the following: expunge or remove, take other appropriate conducting such assessment is not prac-
(1) A law enforcement or criminal inves- action on, or assist a covered person in so ticable due to a war or national emergency
tigative report of the Department of Defense doing, any record maintained by a person, declared by the President or Congress.
or any component of the Department. organization, or entity outside of the De- ‘‘(B) The Secretary of Defense shall ensure
(2) An index item or entry in the Depart- partment to which such component provided, that an assessment postponed under subpara-
ment of Defense Central Index of Investiga- submitted, or transmitted information about graph (A) is conducted as soon as practicable
tions (DCII). the covered person, which information has or after the end of the period of war or national
(3) Any other record maintained in connec- will be corrected in, or expunged or removed emergency concerned, or earlier if the Sec-
from, Department records pursuant to this retary determines appropriate.
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tion with a report described in paragraph (1),
or an index item or entry described in para- section. ‘‘(C) The Secretary of Defense shall notify
graph (2), in any system of records, records (C) The timeline pursuant to which the De- Congress of a determination under subpara-
database, records center, or repository main- partment, or a component of the Depart- graph (A) not later than 30 days after the
tained by or on behalf of the Department. ment, as applicable, will respond to each of date on which the Secretary makes such de-
(b) COVERED PERSONS.—For purposes of the following: termination.’’.
this section, a covered person is any person (i) A request pursuant to subsection (a). (2) UNITED STATES NAVAL ACADEMY.—Sec-
whose name was placed or reported, or is (ii) An appeal under the procedures re- tion 8480(c) of such title is amended by add-
maintained— quired by subparagraph (A). ing at the end the following new paragraph:
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S5024 CONGRESSIONAL RECORD — SENATE August 5, 2020
‘‘(3)(A) The Secretary of Defense may post- formed and Overseas Citizens Absentee Vot- other applicable Department of Defense in-
pone the conduct of an assessment under this ing Act (52 U.S.C. 20308(b)) is amended, in the struction, for purposes of implementing the
subsection if the Secretary determines that matter preceding paragraph (1)— capability.
conducting such assessment is not prac- (1) by striking ‘‘March 31 of each year’’ and (C) Program management and governance
ticable due to a war or national emergency inserting ‘‘September 30 of each odd-num- structures for deployment and maintenance
declared by the President or Congress. bered year’’; and of the capability.
‘‘(B) The Secretary of Defense shall ensure (2) by striking ‘‘the following information’’ (D) Security when performing remote sup-
that an assessment postponed under subpara- and inserting ‘‘the following information port, including such in matters such as au-
graph (A) is conducted as soon as practicable with respect to the Federal elections held thentication and remote sensing.
after the end of the period of war or national during the preceding calendar year’’. (3) The conduct, in coordination with the
emergency concerned, or earlier if the Sec- (b) CONFORMING AMENDMENTS.—Subsection Chief of the National Guard Bureau and the
retary determines appropriate. (b) of section 105A of such Act (52 U.S.C. Secretary of Homeland Security and in con-
‘‘(C) The Secretary of Defense shall notify 20308(b)) is amended— sultation with the Director of the Federal
Congress of a determination under subpara- (1) in the subsection heading, by striking Bureau of Investigation, other Federal agen-
graph (A) not later than 30 days after the ‘‘ANNUAL REPORT’’ and inserting ‘‘BIENNIAL cies, and appropriate non-Federal entities, of
date on which the Secretary makes such de- REPORT’’; and at least one exercise to demonstrate the ca-
termination.’’. (2) in paragraph (3), by striking ‘‘In the pability, which exercise shall include the fol-
(3) UNITED STATES AIR FORCE ACADEMY.— case of’’ and all that follows through ‘‘a de- lowing:
Section 9461(c) of such title is amended by scription’’ and inserting ‘‘A description’’. (A) Participation of not fewer than two
adding at the end the following new para- SEC. 590. PILOT PROGRAMS ON REMOTE PROVI- State governments and their National
graph: SION BY NATIONAL GUARD TO Guards.
‘‘(3)(A) The Secretary of Defense may post- STATE GOVERNMENTS AND NA- (B) Circumstances designed to test and
pone the conduct of an assessment under this TIONAL GUARDS OF OTHER STATES validate the policies, processes, procedures,
subsection if the Secretary determines that OF CYBERSECURITY TECHNICAL AS-
and authorities developed pursuant to para-
conducting such assessment is not prac- SISTANCE IN TRAINING, PREPARA-
TION, AND RESPONSE TO CYBER IN- graph (2).
ticable due to a war or national emergency (C) An after action review of the exercise.
CIDENTS.
declared by the President or Congress. (d) USE OF EXISTING TECHNOLOGY.—An ad-
‘‘(B) The Secretary of Defense shall ensure (a) PILOT PROGRAMS AUTHORIZED.—The
Secretary of the Army and the Secretary of ministering Secretary may use an existing
that an assessment postponed under subpara- platform, technology, or capability to pro-
graph (A) is conducted as soon as practicable the Air Force may each, in consultation with
the Chief of the National Guard Bureau, con- vide the capability described in subsection
after the end of the period of war or national (a) under the pilot program.
emergency concerned, or earlier if the Sec- duct a pilot program to assess the feasibility
and advisability of the development of a ca- (e) ELIGIBILITY AND PARTICIPATION RE-
retary determines appropriate.
pability within the National Guard through QUIREMENTS.—An administering Secretary
‘‘(C) The Secretary of Defense shall notify
which a National Guard of a State remotely shall, in consultation with the Chief of the
Congress of a determination under subpara-
provides State governments and National National Guard Bureau, establish require-
graph (A) not later than 30 days after the
Guards of other States (whether or not in the ments with respect to eligibility and partici-
date on which the Secretary makes such de-
same Armed Force as the providing National pation of State governments and their Na-
termination.’’.
(c) DEPARTMENT OF DEFENSE CIVILIAN EM- Guard) with cybersecurity technical assist- tional Guards in the pilot program.
PLOYEES.—Section 481a of title 10, United ance in training, preparation, and response (f) CONSTRUCTION WITH CERTAIN CURRENT
States Code, is amended by adding at the end to cyber incidents. If such Secretary elects AUTHORITIES.—
the following new subsection: to conduct such a pilot program, such Sec- (1) COMMAND AUTHORITIES.—Nothing in a
‘‘(d) POSTPONEMENT.—(1) The Secretary of retary shall be known as an ‘‘administering pilot program under subsection (a) may be
Defense may postpone the conduct of a sur- Secretary’’ for purposes of this section, and construed as affecting or altering the com-
vey under this section if the Secretary deter- any reference in this section to ‘‘the pilot mand authorities otherwise applicable to
mines that conducting such survey is not program’’ shall be treated as a reference to any unit of the National Guard unit partici-
practicable due to a war or national emer- the pilot program conducted by such Sec- pating in the pilot program.
gency declared by the President or Congress. retary. (2) EMERGENCY MANAGEMENT ASSISTANCE
‘‘(2) The Secretary shall ensure that a sur- (b) ASSESSMENT PRIOR TO COMMENCE- COMPACT.—Nothing in a pilot program may
vey postponed under paragraph (1) is con- MENT.—For purposes of evaluating existing be construed as affecting or altering any cur-
ducted as soon as practicable after the end of platforms, technologies, and capabilities rent agreement under the Emergency Man-
the period of war or national emergency con- under subsection (c), and for establishing eli- agement Assistance Compact, or any other
cerned, or earlier if the Secretary deter- gibility and participation requirements State agreements, or as determinative of the
mines appropriate. under subsection (d), for purposes of the pilot future content of any such agreement.
‘‘(3) The Secretary shall notify Congress of program, an administering Secretary, in con- (g) EVALUATION METRICS.—An admin-
a determination under paragraph (1) not sultation with the Chief of the National istering Secretary shall, in consultation
later than 30 days after the date on which Guard Bureau, shall, prior to commencing with the Chief of the National Guard Bureau
the Secretary makes such determination.’’. the pilot program— and the Secretary of Homeland Security, es-
SEC. 588. SUNSET AND TRANSFER OF FUNCTIONS (1) conduct an assessment of— tablish metrics to evaluate the effectiveness
OF THE PHYSICAL DISABILITY (A) existing cyber response capacities of of the pilot program.
BOARD OF REVIEW. the Army National Guard or Air National (h) TERM.—A pilot program under sub-
Section 1554a of title 10, United States Guard, as applicable, in each State; and section (a) shall terminate on the date that
Code, is amended by adding at the end the (B) any existing platform, technology, or is three years after the date of the com-
following new subsection: capability of a National Guard that provides mencement of the pilot program.
‘‘(g) SUNSET.—(1) On or after October 1, the capability described in subsection (a); (i) REPORTS.—
2020, the Secretary of Defense may sunset and (1) INITIAL REPORT.—Not later than 180
the Physical Disability Board of Review (2) determine whether a platform, tech- days after the date of the commencement of
under this section. nology, or capability described in paragraph the pilot program, the administering Sec-
‘‘(2) If the Secretary sunsets the Physical (1)(B) is suitable for expansion for purposes retary shall submit to the appropriate com-
Disability Board of Review under paragraph of the pilot program. mittees of Congress a report setting forth a
(1), the Secretary shall transfer any remain- (c) ELEMENTS.—A pilot program under sub- description of the pilot program and such
ing requests for review pending at that time, section (a) shall include the following: other matters in connection with the pilot
and shall assign any new requests for review (1) A technical capability that enables the program as the Secretary considers appro-
under this section, to a board for the correc- National Guard of a State to remotely pro- priate.
tion of military records operated by the Sec- vide cybersecurity technical assistance to (2) FINAL REPORT.—Not later than 180 days
retary concerned under section 1552 of this State governments and National Guards of after the termination of the pilot program,
title.. other States, without the need to deploy out- the administering Secretary shall submit to
‘‘(3) Subsection (c)(4) shall not apply with
side its home State. the appropriate committees of Congress a re-
respect to any review conducted by a board
(2) Policies, processes, procedures, and au- port on the pilot program. The report shall
for the correction of military records under
thorities for use of such a capability, includ- include the following:
SSpencer on DSK126QN23PROD with SENATE
paragraph (2).’’.
ing with respect to the following: (A) A description of the pilot program, in-
SEC. 589. EXTENSION OF REPORTING DEADLINE
(A) The roles and responsibilities of both cluding any partnerships entered into by the
FOR THE ANNUAL REPORT ON THE
ASSESSMENT OF THE EFFECTIVE- requesting and deploying State governments Chief of the National Guard Bureau under
NESS OF ACTIVITIES OF THE FED- and National Guards with respect to such the pilot program.
ERAL VOTING ASSISTANCE PRO- technical assistance, taking into account the (B) A summary of the assessment per-
GRAM. matters specified in subsection (f). formed prior to the commencement of the
(a) ELIMINATION OF REPORTS FOR NON-ELEC- (B) Necessary updates to the Defense Cyber pilot program in accordance with subsection
TION YEARS.—Section 105A(b) of the Uni- Incident Coordinating Procedure, or any (b).
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