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Text of S. 4049, National Defense Authorization Act for Fiscal Year 2021 — Congressional Record, Senate

Summary

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/, SHA-256 2c02f167f0275ef2fd37bfae96b87c879aad525ed6c80ba80e3fc20c44d839e7.

Full text

                                               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-




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                                                             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




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                                                             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-




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                                               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




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                                                             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-




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                                               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




SSpencer on DSK126QN23PROD with SENATE
                                                  (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




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                                               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;




SSpencer on DSK126QN23PROD with SENATE
                                               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




SSpencer on DSK126QN23PROD with SENATE
                                               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-




SSpencer on DSK126QN23PROD with SENATE
                                               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-




SSpencer on DSK126QN23PROD with SENATE
                                                                                                       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




SSpencer on DSK126QN23PROD with SENATE
                                                 (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:




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                                               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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