Text of Amendments (Cong. Rec., Nov. 16, 2020)
Summary
Congressional Record, Senate, November 16, 2020, page S6723 and following. The page lists names added as cosponsors of resolutions on religious and political freedoms in Cuba, on Iran's persecution of its Baha’i minority and on supporting mask-wearing. It also carries the text of a resolution on the WFP and its 2020 Nobel Peace Prize, and an amendment to H.R. 6395 that inserts the National Defense Authorization Act for Fiscal Year 2021, organized into six divisions.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Text of Amendments (Cong. Rec., Nov. 16, 2020).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/crec-crec-2020-11-16-crec-2020-11-16-pt1-pgs6723-3-ee5a5c7a70/
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November 16, 2020 CONGRESSIONAL RECORD — SENATE S6723
that the Supreme Court of the United driving force in efforts to prevent the use of bill H.R. 6395, to authorize appropria-
States be composed of nine justices. hunger as a weapon of war and conflict’’; tions for fiscal year 2021 for military
Whereas the WFP is the largest humani- activities of the Department of De-
S. RES. 215
tarian organization in the world that ad-
At the request of Mr. BRAUN, the fense, for military construction, and
dresses hunger and promotes food security;
name of the Senator from Georgia Whereas, in 2019, 135,000,000 people around for defense activities of the Depart-
(Mrs. LOEFFLER) was added as a cospon- the world suffered from acute hunger and the ment of Energy, to prescribe military
sor of S. Res. 215, a resolution calling WFP provided nutrition assistance to nearly personnel strengths for such fiscal
for greater religious and political free- 100,000,000 people in 88 countries; year, and for other purposes; as fol-
doms in Cuba, and for other purposes. Whereas the 2020 coronavirus pandemic has lows:
contributed to a significant increase in the Strike all after the enacting clause and in-
S. RES. 578
number of victims of hunger around the sert the following:
At the request of Mr. WYDEN, the world, and the WFP has surged capacity in SECTION 1. SHORT TITLE.
names of the Senator from Rhode Is- order to meet that compounded need; This Act may be cited as the ‘‘National De-
land (Mr. WHITEHOUSE) and the Senator Whereas the United States makes avail- fense Authorization Act for Fiscal Year
from Rhode Island (Mr. REED) were able more than 40 percent of the annual re- 2021’’.
added as cosponsors of S. Res. 578, a sources for the WFP; SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS;
Whereas the WFP has stated, ‘‘Until the TABLE OF CONTENTS.
resolution condemning the Govern-
day we have a medical vaccine, food is the (a) DIVISIONS.—This Act is organized into
ment of Iran’s state-sponsored persecu- best vaccine against chaos’’; and
tion of its Baha’i minority and its con- six divisions as follows:
Whereas the Norwegian Nobel Committee, (1) Division A—Department of Defense Au-
tinued violation of the International in announcing the winner of the Nobel Peace thorizations.
Covenants on Human Rights. Price for 2020, stated, ‘‘The work of the (2) Division B—Military Construction Au-
S. RES. 663 World Food Programme to the benefit of hu- thorizations.
mankind is an endeavour that all the nations (3) Division C—Department of Energy Na-
At the request of Mr. TOOMEY, the
of the world should be able to endorse and tional Security Authorizations and Other
names of the Senator from North Caro- support’’: Now, therefore, be it
lina (Mr. TILLIS) and the Senator from Authorizations.
Resolved, That the Senate— (4) Division D—Funding Tables.
New Jersey (Mr. MENENDEZ) were added (1) joins the other countries of the world (5) Division E—Additional Provisions.
as cosponsors of S. Res. 663, a resolu- in— (6) Division F—Intelligence Authorization
tion supporting mask-wearing as an (A) affirming the mission of the United Na- Act for Fiscal Year 2021.
important measure to limit the spread tions World Food Programme (referred to in (b) TABLE OF CONTENTS.—The table of con-
of the Coronavirus Disease 2019 this resolution as the ‘‘WFP’’) on the occa- tents for this Act is as follows:
sion of being awarded the 2020 Nobel Peace Sec. 1. Short title.
(COVID–19).
Prize; and Sec. 2. Organization of Act into divisions;
S. RES. 760 (B) supporting the leadership of the WFP table of contents.
At the request of Mr. CORNYN, the Executive Director, David Beasley, and the Sec. 3. Congressional defense committees.
names of the Senator from New Jersey contributions of the more than 17,000 WFP Sec. 4. Budgetary effects of this Act.
(Mr. BOOKER), the Senator from Mis- staff worldwide; and
DIVISION A—DEPARTMENT OF DEFENSE
sissippi (Mrs. HYDE-SMITH) and the (2) remains committed to the goal of the
AUTHORIZATIONS
international community to end hunger,
Senator from New Hampshire (Mrs. TITLE I—PROCUREMENT
achieve food security, and improve nutrition
SHAHEEN) were added as cosponsors of through the work of the WFP. Subtitle A—Authorization of Appropriations
S. Res. 760, a resolution expressing the Sec. 101. Authorization of appropriations.
f
sense of the Senate that the atrocities
Subtitle B—Army Programs
perpetrated by the Government of the AMENDMENTS SUBMITTED AND
Sec. 111. Integrated air and missile defense
People’s Republic of China against PROPOSED assessment.
Uyghurs, ethnic Kazakhs, Kyrgyz, and SA 2682. Mr. MCCONNELL (for Mr. INHOFE) Sec. 112. Report and limitation on Inte-
members of other Muslim minority proposed an amendment to the bill H.R. 6395, grated Visual Augmentation
groups in the Xinjiang Uyghur Autono- to authorize appropriations for fiscal year System acquisition.
mous Region constitutes genocide. 2021 for military activities of the Depart- Sec. 113. Modifications to requirement for
S. RES. 762 ment of Defense, for military construction, an interim cruise missile de-
and for defense activities of the Department fense capability.
At the request of Mr. BOOKER, the
of Energy, to prescribe military personnel Subtitle C—Navy Programs
name of the Senator from Maryland strengths for such fiscal year, and for other
(Mr. CARDIN) was added as a cosponsor Sec. 121. Contract authority for Columbia-
purposes. class submarine program.
of S. Res. 762, a resolution recognizing SA 2683. Mr. CORNYN (for Mr. SULLIVAN) Sec. 122. Limitation on Navy medium and
the disproportionate impact of COVID– proposed an amendment to the bill S. 2981, to large unmanned surface vessels.
19 on women and girls globally. reauthorize and amend the National Oceanic Sec. 123. Extension of prohibition on avail-
and Atmospheric Administration Commis- ability of funds for Navy water-
f
sioned Officer Corps Act of 2002, and for borne security barriers.
SUBMITTED RESOLUTIONS other purposes. Sec. 124. Procurement authorities for cer-
SA 2684. Mr. CORNYN proposed an amend- tain amphibious shipbuilding
ment to the bill S. 3312, to establish a crisis programs.
stabilization and community reentry grant Sec. 125. Fighter force structure acquisition
SENATE RESOLUTION 774—HON-
program, and for other purposes. strategy.
ORING THE UNITED NATIONS SA 2685. Mr. CORNYN proposed an amend- Sec. 126. Treatment of systems added by
WORLD FOOD PROGRAMME ON ment to the bill S. 2174, to expand the grants Congress in future President’s
THE OCCASION OF BEING authorized under Jennifer’s Law and budget requests.
AWARDED THE 2020 NOBEL Kristen’s Act to include processing of un- Sec. 127. Report on carrier wing composi-
PEACE PRIZE identified remains, resolving missing persons tion.
cases, and for other purposes. Sec. 128. Report on strategy to use ALQ–249
Mr. BOOZMAN (for himself, Mr. SA 2686. Mr. CORNYN (for Mr. ROBERTS) Next Generation Jammer to en-
BROWN, Mr. CASEY, Mr. DURBIN, and proposed an amendment to the bill S. 4054, to sure full spectrum electro-
Mr. MORAN) submitted the following reauthorize the United States Grain Stand- magnetic superiority.
resolution; which was referred to the ards Act, and for other purposes.
Subtitle D—Air Force Programs
Committee on Foreign Relations: SA 2687. Mr. CORNYN (for Mr. SCHUMER)
proposed an amendment to the bill H.R. 1830, Sec. 141. Economic order quantity con-
S. RES. 774
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to require the Secretary of the Treasury to tracting authority for F–35
Whereas, on October 9, 2020, the Norwegian mint coins in commemoration of the Na- joint strike fighter program.
Nobel Committee announced that the Nobel tional Purple Heart Hall of Honor. Sec. 142. Minimum aircraft levels for major
Peace Prize for 2020 has been awarded to the mission areas.
United Nations World Food Programme (re- f Sec. 143. Minimum operational squadron
ferred to in this preamble as the ‘‘WFP’’) TEXT OF AMENDMENTS level.
‘‘for its efforts to combat hunger, for its con- Sec. 144. Minimum Air Force bomber air-
tribution to bettering conditions for peace in SA 2682. Mr. McCONNELL (for Mr. craft level.
conflict-affected areas and for acting as a INHOFE) proposed an amendment to the Sec. 145. F–35 gun system.
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S6724 CONGRESSIONAL RECORD — SENATE November 16, 2020
Sec. 146. Prohibition on funding for Close Sec. 215. Updates to Defense Quantum Infor- Sec. 313. Survey and market research of
Air Support Integration Group. mation Science and Technology technologies for phase out by
Sec. 147. Limitation on divestment of KC–10 Research and Development pro- Department of Defense of use of
and KC–135 aircraft. gram. fluorinated aqueous film-form-
Sec. 148. Limitation on retirement of U–2 Sec. 216. Program of part-time and term em- ing foam.
and RQ–4 aircraft. ployment at Department of De- Sec. 314. Modification of authority to carry
Sec. 149. Limitation on divestment of F–15C fense science and technology out military installation resil-
aircraft in the European the- reinvention laboratories of fac- ience projects.
ater. ulty and students from institu- Sec. 315. Native American Indian lands envi-
Sec. 150. Air base defense development and tions of higher education. ronmental mitigation program.
acquisition strategy. Sec. 217. Improvements to Technology and Sec. 316. Energy resilience and energy secu-
Sec. 151. Required solution for KC–46 air- National Security Fellowship of rity measures on military in-
craft remote visual system lim- Department of Defense. stallations.
Sec. 218. Department of Defense research, Sec. 317. Modification to availability of en-
itations.
development, and deployment ergy cost savings for Depart-
Sec. 152. Analysis of requirements and Ad-
of technology to support water ment of Defense.
vanced Battle Management Sec. 318. Long-duration demonstration ini-
System capabilities. sustainment.
Sec. 219. Development and testing of tiative and joint program.
Sec. 153. Studies on measures to assess cost- Sec. 319. Pilot program on alternative fuel
per-effect for key mission hypersonic capabilities.
Sec. 220. Disclosure requirements for recipi- vehicle purchasing.
areas. Sec. 320. Extension of real-time sound moni-
ents of Department of Defense
Sec. 154. Plan for operational test and util- toring at Navy installations
research and development
ity evaluation of systems for where tactical fighter aircraft
grants.
Low-Cost Attributable Aircraft operate.
Technology program. Subtitle C—Plans, Reports, and Other Sec. 321. Study on impacts of transboundary
Sec. 155. Prohibition on retirement or di- Matters flows, spills, or discharges of
vestment of A–10 aircraft. Sec. 231. Assessment on United States na- pollution or debris from the Ti-
Subtitle E—Defense-wide, Joint, and tional security emerging bio- juana River on personnel, ac-
Multiservice Matters technology efforts and capabili- tivities, and installations of De-
ties and comparison with adver- partment of Defense.
Sec. 171. Budgeting for life-cycle cost of air- saries. Sec. 322. Increase in funding for study by
craft for the Navy, Army, and Sec. 232. Independent comparative analysis Centers for Disease Control and
Air Force: annual plan and cer- of efforts by China and the Prevention relating to
tification. United States to recruit and re- perfluoroalkyl and
Sec. 172. Authority to use F–35 aircraft tain researchers in national se- polyfluoroalkyl substance con-
withheld from delivery to Gov- curity-related fields. tamination in drinking water.
ernment of Turkey. Sec. 233. Department of Defense demonstra- Subtitle C—Logistics and Sustainment
Sec. 173. Transfer from Commander of tion of virtualized radio access
United States Strategic Com- Sec. 331. Repeal of statutory requirement
network and massive multiple
mand to Chairman of the Joint for notification to Director of
input multiple output radio ar-
Chiefs of Staff of responsibil- Defense Logistics Agency three
rays for fifth generation wire-
ities and functions relating to years prior to implementing
less networking.
electromagnetic spectrum oper- changes to any uniform or uni-
Sec. 234. Independent technical review of
ations. form component.
Federal Communications Com- Sec. 332. Clarification of limitation on
Sec. 174. Cryptographic modernization mission Order 20–48. length of overseas forward de-
schedules. Sec. 235. Report on micro nuclear reactor
ployment of currently deployed
Sec. 175. Prohibition on purchase of armed programs.
naval vessels.
overwatch aircraft. Sec. 236. Modification to Test Resource
Sec. 176. Special operations armed Management Center strategic Subtitle D—Reports
overwatch. plan reporting cycle and con- Sec. 351. Report on impact of permafrost
Sec. 177. Autonomic Logistics Information tents. thaw on infrastructure, facili-
System redesign strategy. Sec. 237. Limitation on contract awards for ties, and operations of the De-
Sec. 178. Contract aviation services in a certain unmanned vessels. partment of Defense.
country or in airspace in which Sec. 238. Documentation relating to the Ad- Sec. 352. Plans and reports on emergency re-
a Special Federal Aviation Reg- vanced Battle Management sponse training for military in-
ulation applies. System. stallations.
Sec. 239. Armed Services Vocational Apti- Sec. 353. Report on implementation by De-
Sec. 179. F–35 aircraft munitions.
tude Battery Test special pur- partment of Defense of require-
Sec. 180. Airborne intelligence, surveillance,
pose adjunct to address com- ments relating to renewable
and reconnaissance acquisition
putational thinking. fuel pumps.
roadmap for United States Spe- Sec. 354. Report on effects of extreme weath-
cial Operations Command. Sec. 240. Report on use of testing facilities
to research and develop er on Department of Defense.
Sec. 181. Requirement to accelerate the
fielding and development of hypersonic technology. Subtitle E—Other Matters
Sec. 241. Study and plan on the use of addi- Sec. 371. Prohibition on divestiture of
counter unmanned aerial sys-
tive manufacturing and three- manned intelligence, surveil-
tems across the joint force.
dimensional bioprinting in sup- lance, and reconnaissance air-
Sec. 182. Joint All Domain Command and
port of the warfighter. craft operated by United States
Control requirements.
Sec. 242. Element in annual reports on cyber Special Operations Command.
TITLE II—RESEARCH, DEVELOPMENT, science and technology activi- Sec. 372. Information on overseas construc-
TEST, AND EVALUATION ties on work with academic tion projects in support of con-
Subtitle A—Authorization of Appropriations consortia on high priority cy- tingency operations using funds
Sec. 201. Authorization of appropriations. bersecurity research activities for operation and maintenance.
in Department of Defense capa- Sec. 373. Provision of protection to the Na-
Subtitle B—Program Requirements, bilities. tional Museum of the Marine
Restrictions, and Limitations
TITLE III—OPERATION AND Corps, the National Museum of
Sec. 211. Designation and activities of senior MAINTENANCE the United States Army, the
officials for critical technology National Museum of the United
Subtitle A—Authorization of Appropriations
areas supportive of the Na- States Navy, and the National
tional Defense Strategy. Sec. 301. Authorization of appropriations.
Museum of the United States
Sec. 212. Governance of fifth-generation Subtitle B—Energy and Environment Air Force.
wireless networking in the De-
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Sec. 311. Modifications and technical correc- Sec. 374. Inapplicability of congressional no-
partment of Defense. tions to ensure restoration of tification and dollar limitation
Sec. 213. Application of artificial intel- contamination by requirements for advance bil-
ligence to the defense reform perfluorooctane sulfonate and lings for certain background in-
pillar of the National Defense perfluorooctanoic acid. vestigations.
Strategy. Sec. 312. Readiness and Environmental Pro- Sec. 375. Repeal of sunset for minimum an-
Sec. 214. Extension of authorities to enhance tection Integration Program nual purchase amount for car-
innovation at Department of technical edits and clarifica- riers participating in the Civil
Defense laboratories. tion. Reserve Air Fleet.
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November 16, 2020 CONGRESSIONAL RECORD — SENATE S6725
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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S6726 CONGRESSIONAL RECORD — SENATE November 16, 2020
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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November 16, 2020 CONGRESSIONAL RECORD — SENATE S6727
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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S6728 CONGRESSIONAL RECORD — SENATE November 16, 2020
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.
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tain acquisition and technology Sec. 1203. Modification to the Inter-Euro-
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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November 16, 2020 CONGRESSIONAL RECORD — SENATE S6729
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
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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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S6730 CONGRESSIONAL RECORD — SENATE November 16, 2020
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.
rfrederick on DSKBCBPHB2PROD with SENATE
Sec. 1630. Modification of requirements re-
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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November 16, 2020 CONGRESSIONAL RECORD — SENATE S6731
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. 3159. Integration of stockpile steward-
egon. ship and nonproliferation mis-
TIONS AND OTHER AUTHORIZATIONS
TITLE XXVIII—MILITARY CONSTRUC- sions
TITLE XXXI—DEPARTMENT OF ENERGY
TION AND GENERAL PROVISIONS Sec. 3160. Technology development and inte-
NATIONAL SECURITY PROGRAMS
Subtitle A—Military Construction Program gration program.
Subtitle A—National Security Programs and Sec. 3161. Advanced manufacturing develop-
Sec. 2801. Responsibility of Navy for mili- Authorizations ment program.
tary construction requirements
Sec. 3101. National Nuclear Security Admin- Sec. 3162. Materials science program.
for certain Fleet Readiness
istration. Sec. 3163. Modifications to Inertial Confine-
Centers. Sec. 3102. Defense environmental cleanup. ment Fusion Ignition and High
Sec. 2802. Construction of ground-based stra- Sec. 3103. Other defense activities. Yield Program.
tegic deterrent launch facilities Sec. 3104. Nuclear energy. Sec. 3164. Earned value management pro-
and launch centers for Air
Subtitle B—Budget of the National Nuclear gram for life extension pro-
Force.
Security Administration grams.
Subtitle B—Military Family Housing Sec. 3111. Review of adequacy of nuclear Sec. 3165. Use of high performance com-
Sec. 2821. Prohibition on substandard family weapons budget. puting capabilities for COVID–
housing units. Subtitle C—Personnel Matters 19 research.
Sec. 2822. Technical corrections to Sec. 3166. Availability of stockpile respon-
privatized military housing Sec. 3121. National Nuclear Security Admin- siveness funds for projects to
program. istration Personnel System. reduce time necessary to exe-
Sec. 2823. Requirement that Secretary of De- Sec. 3122. Inclusion of certain employees and
cute a nuclear test.
fense implement recommenda- contractors of Department of
Sec. 3167. Sense of the Senate on extension
tions relating to military fam- Energy in definition of public
of limitations on importation
rfrederick on DSKBCBPHB2PROD with SENATE
ily housing contained in report safety officer for purposes of
of uranium from Russian Fed-
by Inspector General of Depart- certain death benefits.
eration.
Sec. 3123. Reimbursement for liability insur-
ment of Defense. TITLE XXXII—DEFENSE NUCLEAR
ance for nuclear materials
Subtitle C—Project Management and couriers. FACILITIES SAFETY BOARD
Oversight Reforms Sec. 3124. Transportation and moving ex- Sec. 3201. Authorization.
Sec. 2841. Promotion of energy resilience penses for immediate family of Sec. 3202. Nonpublic collaborative discus-
and energy security in deceased nuclear materials sions by Defense Nuclear Fa-
privatized utility systems. couriers. cilities Safety Board.
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S6732 CONGRESSIONAL RECORD — SENATE November 16, 2020
Sec. 3203. Improvements to operations of De- Sec. 5234. Modifications to Federal cyber TITLE LVII—HEALTH CARE PROVISIONS
fense Nuclear Facilities Safety scholarship-for-service pro- Subtitle A—TRICARE and Other Health Care
Board. gram. Provisions
TITLE XXXV—MARITIME Sec. 5235. Cybersecurity in programs of the
National Science Foundation. Sec. 5707. Pilot program on receipt of non-
ADMINISTRATION generic prescription mainte-
Sec. 5236. Cybersecurity in STEM programs
Sec. 3501. Maritime Administration. nance medications under
of the National Aeronautics and
DIVISION D—FUNDING TABLES Space Administration. TRICARE pharmacy benefits
Sec. 4001. Authorization of amounts in fund- Sec. 5237. Cybersecurity in Department of program.
ing tables. Transportation programs. Subtitle B—Health Care Administration
TITLE XLI—PROCUREMENT Sec. 5238. National Cybersecurity Chal- Sec. 5723. Authority of Secretary of Defense
lenges. to waive requirements during
Sec. 4101. PROCUREMENT.
Sec. 5239. Internet of Things. national emergencies for pur-
Sec. 4102. Procurement for overseas contin-
gency operations. Subtitle E—Plans, Reports, and Other poses of provision of health
Matters care.
TITLE XLII—RESEARCH, DEVELOPMENT,
TEST, AND EVALUATION Sec. 5241. Report on Department of Defense Subtitle C—Reports and Other Matters
strategy on artificial intel- Sec. 5741. Study and report on surge capac-
Sec. 4201. Research, development, test, and
ligence standards. ity of Department of Defense to
evaluation. Sec. 5242. Study on establishment of
Sec. 4202. Research, development, test, and establish negative air room
energetics program office. containment systems in mili-
evaluation for overseas contin- Sec. 5243. Deepfake report.
gency operations. tary medical treatment facili-
Sec. 5244. CISA Director. ties.
TITLE XLIII—OPERATION AND Sec. 5245. Agency review.
MAINTENANCE Sec. 5246. General Services Administration TITLE LVIII—ACQUISITION POLICY, AC-
Sec. 4301. Operation and maintenance. review. QUISITION MANAGEMENT, AND RE-
Sec. 4302. Operation and maintenance for LATED MATTERS
TITLE LIII—OPERATION AND
overseas contingency oper- MAINTENANCE Subtitle A—Industrial Base Matters
ations. Subtitle C—Logistics and Sustainment Sec. 5801. Report on use of domestic non-
TITLE XLIV—MILITARY PERSONNEL availability determinations.
Sec. 5331. Use of cost savings realized from
Sec. 4401. Military personnel. Sec. 5802. Report on the effect of the Defense
intergovernmental services
Sec. 4402. Military personnel for overseas Manufacturing Communities
agreements for installation-
contingency operations. Support Program on the de-
support services.
fense supply chain.
TITLE XLV—OTHER AUTHORIZATIONS Subtitle D—Reports Sec. 5803. Improving implementation of pol-
Sec. 4501. Other authorizations. Sec. 5351. Report on non-permissive, global icy pertaining to the national
Sec. 4502. Other authorizations for overseas positioning system denied air- technology and industrial base.
contingency operations. field capabilities. Sec. 5808. Additional requirements per-
TITLE XLVI—MILITARY CONSTRUCTION Subtitle E—Other Matters taining to printed circuit
Sec. 4601. Military construction. Sec. 5371. Increase of amounts available to boards.
Sec. 4602. Military construction for overseas Marine Corps for base oper- Sec. 5812. Miscellaneous limitations on the
contingency operations. ations and support. procurement of goods other
TITLE XLVII—DEPARTMENT OF ENERGY Sec. 5372. Modernization of congressional re- than United States goods.
NATIONAL SECURITY PROGRAMS ports process. Subtitle C—Amendments to General Con-
Sec. 4701. Department of Energy national se- TITLE LV—MILITARY PERSONNEL tracting Authorities, Procedures, and Lim-
curity programs. POLICY itations
DIVISION E—ADDITIONAL PROVISIONS Subtitle C—General Service Authorities Sec. 5841. Waivers of certain conditions for
progress payments under cer-
TITLE LI—PROCUREMENT Sec. 5516. Report on implementation of rec-
tain contracts during the
Subtitle B—Army Programs ommendations of the Comp-
COVID–19 national emergency.
troller General of the United
Sec. 5111. Report on CH–47F Chinook Block– Subtitle E—Small Business Matters
States on recruitment and re-
II upgrade.
tention of female members of Sec. 5871. Office of Small Business and Dis-
Subtitle C—Navy Programs the Armed Forces. advantaged Business Utiliza-
Sec. 5121. Limitation on alteration of Navy Subtitle F—Decorations and Awards tion.
fleet mix. Sec. 5872. Eligibility of the Commonwealth
Sec. 5551. Report on regulations and proce-
TITLE LII—RESEARCH, DEVELOPMENT, of the Northern Mariana Is-
dures to implement programs
TEST, AND EVALUATION lands for certain Small Busi-
on award of medals or com-
ness Administration programs.
Subtitle B—Program Requirements, mendations to handlers of mili-
Sec. 5873. Disaster declaration in rural
Restrictions, and Limitations tary working dogs.
areas.
Sec. 5211. Importance of historically Black Subtitle G—Defense Dependents’ Education Sec. 5874. Temporary extension for 8(a) par-
colleges and universities and and Military Family Readiness Matters ticipants.
minority-serving institutions. PART II—MILITARY FAMILY READINESS Sec. 5875. Maximum award price for sole
Subtitle C—Sustainable Chemistry MATTERS source manufacturing con-
Sec. 5221. National coordinating entity for Sec. 5571. Independent study and report on tracts.
sustainable chemistry. military spouse underemploy- Sec. 5876. Annual reports regarding the
Sec. 5222. Strategic plan for sustainable ment. SBIR program of the Depart-
chemistry. Subtitle H—Other Matters ment of Defense.
Sec. 5223. Agency activities in support of Sec. 5877. Small business loans for nonprofit
Sec. 5586. Questions regarding racism, anti- child care providers.
sustainable chemistry.
Semitism, and supremacism in
Sec. 5224. Partnerships in sustainable chem- Subtitle G—Other Matters
workplace surveys adminis-
istry.
tered by the Secretary of De- Sec. 5891. Listing of other transaction au-
Sec. 5225. Prioritization.
fense. thority consortia.
Sec. 5226. Rule of construction.
Sec. 5587. Briefing on the implementation of Sec. 5892. Report recommending disposition
Sec. 5227. Major multi-user research facility
requirements on connections of of notes to certain sections of
project.
retiring and separating mem- title 10, United States Code.
Subtitle D—Cyber Workforce Matters bers of the Armed Forces with Sec. 5893. Applicability of reporting require-
Sec. 5231. Improving National Initiative for ment related to notional mile-
rfrederick on DSKBCBPHB2PROD with SENATE
community-based organizations
Cybersecurity Education. and related entities. stones and standard timelines
Sec. 5232. Development of standards and Sec. 5590. Pilot programs on remote provi- for foreign military sales.
guidelines for improving cyber- sion by National Guard to State Sec. 5894. Additional requirements related
security workforce of Federal governments and National to mitigating risks related to
agencies. Guards of other States of cyber- foreign ownership, control, or
Sec. 5233. Modifications to Federal cyber security technical assistance in influence of Department of De-
scholarship-for-service pro- training, preparation, and re- fense contractors and sub-
gram. sponse to cyber incidents. contractors.
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November 16, 2020 CONGRESSIONAL RECORD — SENATE S6733
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-
Sec. 5951. Comptroller General of the United rity. tech for the Middle East region.
Sec. 6096G. Internet and online streaming Sec. 6299C. Sense of Congress on United
States report on vulnerabilities
services emergency alert exam- States-Israel economic coopera-
of the Department of Defense
ination. tion.
resulting from offshore tech-
TITLE LXII—MATTERS RELATING TO Sec. 6299D. Cooperation on directed energy
nical support call centers.
FOREIGN NATIONS capabilities.
TITLE LX—GENERAL PROVISIONS 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
(Comptroller) reports on im- Sec. 6211. Congressional oversight of United Sec. 6299F. Other matters of cooperation.
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. sanctions relating to construc- Sec. 6612. Guidance and direction on use of
Sec. 6003. Providing information to States tion of Nord Stream 2 or direct hiring processes for arti-
regarding undelivered savings TurkStream pipeline projects. ficial intelligence professionals
bonds. Sec. 6235. Sense of Senate on admission of and other data science and soft-
Subtitle E—Miscellaneous Authorities and Ukraine to the North Atlantic ware development personnel.
Limitations Treaty Organization Enhanced Sec. 6613. Cybersecurity State Coordinator
Sec. 6046. Conditions for permanently basing Opportunities Partnership Pro- Act.
United States equipment or ad- gram. Sec. 6614. Cybersecurity Advisory Com-
ditional military units in host Subtitle E—Matters Relating to the Indo- mittee.
countries with at-risk vendors Pacific Region Sec. 6615. Cybersecurity Education and
in 5G or 6G networks. Training Assistance Program.
Sec. 6251. Pilot program to improve cyber
Sec. 6047. Antidiscrimination. Subtitle C—Nuclear Forces
cooperation with Vietnam,
Subtitle F—Studies and Reports Thailand, and Indonesia. Sec. 6651. Report on electromagnetic pulse
Sec. 6061. Maritime security and domain Subtitle F—Reports hardening of ground-based stra-
awareness. tegic deterrent weapons sys-
Sec. 6062. Report on pandemic preparedness Sec. 6273. Report on risk to personnel, equip-
tem.
and planning of the Navy. ment, and operations due to
Huawei 5G architecture in host TITLE LXVII—NUCLEAR ENERGY
Sec. 6063. Study and report on the afford- LEADERSHIP
ability of insulin. countries.
Subtitle G—Other Matters Sec. 6701. Advanced nuclear reactor research
Subtitle G—Other Matters and development goals.
Sec. 6081. Modification to First Division Sec. 6281. Comparative studies on defense Sec. 6702. Nuclear energy strategic plan.
monument. budget transparency of the Peo- Sec. 6703. Versatile, reactor-based fast neu-
Sec. 6082. Estimate of damages from Federal ple’s Republic of China, the tron source.
Communications Commission Russian Federation, and the Sec. 6704. Advanced nuclear fuel security
Order 20–48. United States. program.
Sec. 6083. Diesel emissions reduction. Sec. 6282. Modification to initiative to sup- Sec. 6705. University Nuclear Leadership
Sec. 6084. Utilizing significant emissions port protection of national se- Program.
with innovative technologies. curity academic researchers Sec. 6706. Adjusting strategic petroleum re-
Sec. 6085. Legal assistance for veterans and from undue influence and other serve mandated drawdowns.
surviving spouses and depend- security threats. TITLE LXXVIII—MILITARY CONSTRUC-
ents. Sec. 6283. Sense of Senate on United States- TION AND GENERAL PROVISIONS
Sec. 6086. Silver Star Service Banner Day. Israel cooperation on precision-
Sec. 6087. Established Program to Stimulate guided munitions. Subtitle A—Military Construction Program
Competitive Research. Sec. 6284. Blocking deadly fentanyl imports. Sec. 7801. Modification to authority for mili-
Sec. 6088. Subpoena authority. Sec. 6286. Establishment of United States- tary construction projects for
Sec. 6089. Thad Cochran headquarters build- Israel Operations-Technology child development centers at
ing. Working Group. military installations.
Sec. 6090. Comptroller General of the United Sec. 7802. Modification of construction of
Subtitle H—United States-Israel Security
States report on handling by ground-based strategic deter-
Assistance
Department of Veterans Affairs rent launch facilities and
of disability-related benefits Sec. 6290. Short title. launch centers for the Air
claims by veterans with type 1 Sec. 6290A. Definition. Force.
diabetes who were exposed to a CHAPTER 1—SECURITY ASSISTANCE FOR ISRAEL Subtitle B—Military Family Housing
herbicide agent. Sec. 6291. Findings. Sec. 7821. Inclusion of assessment of per-
Sec. 6091. Special rules for certain monthly Sec. 6292. Statement of policy. formance metrics in annual
workers’ compensation pay- Sec. 6293. Security assistance for Israel. publication on use of incentive
ments and other payments for Sec. 6294. Extension of war reserves stock- fees for privatized military
Federal Government personnel pile authority. housing projects.
under chief of mission author- Sec. 6295. Extension of loan guarantees to
ity. Subtitle D—Land Conveyances
Israel.
Subtitle H—Industries of the Future Sec. 6296. Transfer of precision guided muni- Sec. 7861. Establishment of interagency
tions to Israel. committees on joint use of cer-
Sec. 6094A. Short title. tain land withdrawn from ap-
Sec. 6094B. Report on Federal research and Sec. 6297. Sense of Congress on rapid acqui-
sition and deployment proce- propriation under public land
development focused on indus-
dures. laws.
tries of the future. Sec. 7862. Lease extension for Bryan Multi-
Sec. 6094C. Industries of the Future Coordi- Sec. 6298. Eligibility of Israel for the stra-
tegic trade authorization excep- Sports Complex, Wayne Coun-
nation Council.
rfrederick on DSKBCBPHB2PROD with SENATE
tion to certain export control ty, North Carolina.
Subtitle I—READI Act
licensing requirements. Subtitle E—Other Matters
Sec. 6096. Short title.
CHAPTER 2—ENHANCED UNITED STATES- Sec. 7881. Sense of Congress on relocation of
Sec. 6096A. Definitions.
ISRAEL COOPERATION Joint Spectrum Center.
Sec. 6096B. Wireless Emergency Alerts Sys-
tem offerings. Sec. 6299. United States Agency for Inter- DIVISION F—INTELLIGENCE AUTHORIZA-
Sec. 6096C. State Emergency Alert System national Development memo- TION ACT FOR FISCAL YEAR 2021
Plans and Emergency Commu- randa of understanding to en- Sec. 9001. Short title.
nications Committees. hance cooperation with Israel. Sec. 9002. Definitions.
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S6734 CONGRESSIONAL RECORD — SENATE November 16, 2020
TITLE XCI—INTELLIGENCE ACTIVITIES Sec. 9402. Establishing process parity for se- (1) IN GENERAL.—The Secretary of the
Sec. 9101. Authorization of appropriations. curity clearance revocations. Army shall conduct a classified assessment
Sec. 9102. Classified Schedule of Authoriza- Sec. 9403. Federal policy on sharing of derog- of the capability and capacity of current and
tions. atory information pertaining to planned integrated air and missile defense
Sec. 9103. Intelligence Community Manage- contractor employees in the (IAMD) capabilities to meet combatant com-
ment Account. trusted workforce. mander requirements for major operations
TITLE XCII—CENTRAL INTELLIGENCE TITLE XCV—REPORTS AND OTHER against great-power competitors and other
AGENCY RETIREMENT AND DIS- MATTERS global operations in support of the National
ABILITY SYSTEM Defense Strategy.
Sec. 9501. Report on attempts by foreign ad-
Sec. 9201. Authorization of appropriations. (2) ELEMENTS.—The assessment required by
versaries to build telecommuni-
paragraph (1) shall include the following:
TITLE XCIII—INTELLIGENCE cations and cybersecurity (A) Analysis and characterization of cur-
COMMUNITY MATTERS equipment and services for, or rent and emerging threats, including the fol-
Subtitle A—General Intelligence Community to provide such equipment and lowing:
Matters services to, certain allies of the (i) Cruise, hypersonic, and ballistic mis-
Sec. 9301. Restriction on conduct of intel- United States. siles.
ligence activities. Sec. 9502. Report on threats posed by use by (ii) Unmanned aerial systems.
Sec. 9302. Increase in employee compensa- foreign governments and enti- (iii) Rockets.
tion and benefits authorized by ties of commercially available (iv) Other indirect fire.
law. cyber intrusion and surveil- (v) Specific and meaningfully varied exam-
Sec. 9303. Clarification of authorities and re- lance technology. ples within each of subclauses (I) through
sponsibilities of National Man- Sec. 9503. Reports on recommendations of (IV).
ager for National Security the Cyberspace Solarium Com- (B) Analysis of current and planned inte-
Telecommunications and Infor- mission. grated air and missile defense capabilities to
mation Systems Security. Sec. 9504. Assessment of critical technology counter the threats analyzed and character-
Sec. 9304. Continuity of operations plans for trends relating to artificial in- ized under subparagraph (A), including the
certain elements of the intel- telligence, microchips, and following:
ligence community in the case semiconductors and related (i) Projected timelines for development,
of a national emergency. supply chains. procurement, and fielding of planned inte-
Sec. 9305. Application of Executive Schedule Sec. 9505. Combating Chinese influence oper- grated air and missile defense capabilities.
level III to position of Director ations in the United States and (ii) Projected capability gaps.
of National Reconnaissance Of- strengthening civil liberties (iii) Opportunities for acceleration or need
fice. protections. for incorporation of interim capabilities to
Sec. 9306. National Intelligence University. Sec. 9506. Annual report on corrupt activi- address current and projected gaps.
Sec. 9307. Requiring facilitation of establish- ties of senior officials of the (C) Analysis of current and planned capac-
ment of Social Media Data and Chinese Communist Party. ity to meet major contingency plan require-
Threat Analysis Center. Sec. 9507. Report on corrupt activities of ments and ongoing global operations of the
Sec. 9308. Data collection on attrition in in- Russian and other Eastern Eu- combatant commands, including the fol-
telligence community. ropean oligarchs. lowing:
Sec. 9309. Limitation on delegation of re- Sec. 9508. Report on biosecurity risk and (i) Current and planned numbers of inte-
sponsibility for program man- disinformation by the Chinese grated air and missile defense systems and
agement of information-sharing Communist Party and the Gov- formations, including munitions.
environment. ernment of the People’s Repub- (ii) Capacity gaps in addressing combatant
Sec. 9310. Improvements to provisions relat- lic of China. command requirements.
ing to intelligence community Sec. 9509. Report on effect of lifting of (iii) Operations tempo stress on integrated
information technology envi- United Nations arms embargo air and missile defense formations and per-
ronment. on Islamic Republic of Iran. sonnel.
Sec. 9311. Requirements and authorities for Sec. 9510. Report on Iranian activities relat- (iv) Plans of the Secretary to continue to
Director of the Central Intel- ing to nuclear nonproliferation. increase integrated air and missile defense
ligence Agency to improve edu- Sec. 9511. Sense of Congress on Third Option personnel and formations.
cation in science, technology, Foundation. (D) Assessment of integrated air and mis-
engineering, arts, and mathe- sile defense architecture and enabling com-
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
matics. mand and control systems, including the fol-
In this Act, the term ‘‘congressional de-
Subtitle B—Reports and Assessments fense committees’’ has the meaning given lowing:
Pertaining to Intelligence Community that term in section 101(a)(16) of title 10, (i) A description of the integrated air and
Sec. 9321. Assessment by the Comptroller United States Code. missile defense architecture and component
General of the United States on SEC. 4. BUDGETARY EFFECTS OF THIS ACT. counter unmanned aerial systems (C–UAS)
efforts of the intelligence com- sub-architecture.
The budgetary effects of this Act, for the
munity and the Department of (ii) Identification of the enabling command
purposes of complying with the Statutory
Defense to identify and miti- and control (C2) systems.
Pay-As-You-Go Act of 2010, shall be deter-
gate risks posed to the intel- (iii) Inter-connectivity of the enabling
mined by reference to the latest statement
ligence community and the De- command and control systems.
titled ‘‘Budgetary Effects of PAYGO Legisla-
partment by the use of direct- (iv) Compatibility of the enabling com-
tion’’ for this Act, jointly submitted for
to-consumer genetic testing by mand and control systems with planned
printing in the Congressional Record by the
the Government of the People’s Joint All Domain Command and Control
Chairmen of the House and Senate Budget
Republic of China. (JADC2) architecture.
Committees, provided that such statement
Sec. 9322. Report on use by intelligence com- (E) Assessment of proponency within the
has been submitted prior to the vote on pas-
munity of hiring flexibilities Army of integrated air and missile defense
sage in the House acting first on the con-
and expedited human resources and counter unmanned aerial systems, in-
ference report or amendment between the
practices to assure quality and cluding the following:
Houses.
diversity in the workforce of (i) A description of the current proponency
the intelligence community. DIVISION A—DEPARTMENT OF DEFENSE structure.
Sec. 9323. Report on signals intelligence pri- AUTHORIZATIONS (ii) Adequacy of the current proponency
orities and requirements. TITLE I—PROCUREMENT structure to facilitate Army executive agen-
Sec. 9324. Assessment of demand for student Subtitle A—Authorization of Appropriations cy integrated air and missile defense and
loan repayment program ben- counter unmanned aerial systems functions
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
efit. for the Department of Defense.
Sec. 9325. Assessment of intelligence com- Funds are hereby authorized to be appro-
(iii) Benefits of establishing integrated air
munity demand for child care. priated for fiscal year 2021 for procurement
and missile defense and counter unmanned
Sec. 9326. Open source intelligence strate- for the Army, the Navy and the Marine
aerial systems centers of excellence to help
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gies and plans for the intel- Corps, the Air Force, and Defense-wide ac-
focus Army and joint force efforts to achiev-
ligence community. tivities, as specified in the funding table in
ing a functional integrated air and missile
TITLE XCIV—SECURITY CLEARANCES section 4101.
defense capability and capacity to meet re-
AND TRUSTED WORKFORCE Subtitle B—Army Programs quirements of the combatant commands.
Sec. 9401. Exclusivity, consistency, and SEC. 111. INTEGRATED AIR AND MISSILE DE- (3) CHARACTERIZATION.—
transparency in security clear- FENSE ASSESSMENT. (A) IN GENERAL.—In carrying out para-
ance procedures, and right to (a) ASSESSMENT BY SECRETARY OF THE graph (2)(A), the Secretary shall avoid broad
appeal. ARMY.— characterizations that do not sufficiently
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November 16, 2020 CONGRESSIONAL RECORD — SENATE S6735
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.
(e) DEFINITIONS.—In this section:
cember 15, 2020, the Secretary shall provide graph (1)(B), if the Secretary submits to the
(1) The term ‘‘covered program’’ means a
the Committee on Armed Services of the congressional defense committees a certifi-
program for—
Senate and Committee on Armed Services of cation that—
(A) medium unmanned surface vessels; or
the House of Representatives a briefing on ‘‘(i) allocating resources toward procure-
(B) large unmanned surface vessels.
the assessment being conducted by the Sec- ment of an integrated enduring capability
(2) The term ‘‘Milestone B approval’’ has
retary under paragraph (1). would provide robust tiered and layered pro-
the meaning given the term in section
(B) REPORT.—Not later than February 15, tection to the joint force; or
2366(e)(7) of title 10, United States Code.
2021, the Secretary shall submit to the Com- ‘‘(ii) additional time is required to com-
(3) The term ‘‘milestone decision author-
mittee on Armed Services of the Senate and plete training and preparation for oper- ity’’ means the official within the Depart-
Committee on Armed Services of the House ational capability.’’. ment of Defense designated with the overall
of Representatives a report on the findings of Subtitle C—Navy Programs responsibility and authority for acquisition
the Secretary with respect to the assessment SEC. 121. CONTRACT AUTHORITY FOR COLUMBIA- decisions for the program, including author-
conducted under paragraph (1). CLASS SUBMARINE PROGRAM. ity to approve entry of the program into the
(b) REVIEW BY VICE CHAIRMAN OF THE JOINT
(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 ABILITY OF FUNDS FOR NAVY WA-
(b) INCREMENTAL FUNDING.—With respect
to meet requirements of the National De- TERBORNE SECURITY BARRIERS.
to a contract entered into under subsection
fense Strategy. Section 130(a) of the John S. McCain Na-
(a), the Secretary of the Navy may use incre-
(2) REPORT.—Not later than April 15, 2021, tional Defense Authorization Act for Fiscal
mental funding to make payments under the
the Vice Chairman of the Joint Chiefs of Year 2019 (Public Law 115–232; 132 Stat. 1665),
contract.
Staff shall submit to the Committee on as amended by section 126 of the National
(c) LIABILITY.—Any contract entered into
Armed Services of the Senate and Com- Defense Authorization Act for Fiscal Year
under subsection (a) shall provide that—
mittee on Armed Services of the House of 2020 (Public Law 116–92), is further amended
(1) any obligation of the United States to
Representatives a report on the finding of by striking ‘‘for fiscal year 2019 or fiscal year
make a payment under the contract is sub-
the Vice Chairman with respect to the re- 2020’’ and inserting ‘‘for fiscal years 2019,
ject to the availability of appropriations for
view conducted under paragraph (1). 2020, or 2021’’.
that purpose; and
SEC. 112. REPORT AND LIMITATION ON INTE- SEC. 124. PROCUREMENT AUTHORITIES FOR CER-
(2) total liability of the Federal Govern-
GRATED VISUAL AUGMENTATION TAIN AMPHIBIOUS SHIPBUILDING
SYSTEM ACQUISITION. ment for termination of any contract en- PROGRAMS.
(a) REPORT REQUIRED.— tered into shall be limited to the total (a) CONTRACT AUTHORITY.—
(1) IN GENERAL.—Not later than August 15, amount of funding obligated to the contract (1) PROCUREMENT AUTHORIZED.—In fiscal
2021, the Secretary of the Army shall submit at time of termination. year 2021, the Secretary of the Navy may
to the congressional defense committees a SEC. 122. LIMITATION ON NAVY MEDIUM AND enter into one or more contracts for the pro-
report on the Integrated Visual Augmenta- LARGE UNMANNED SURFACE VES- curement of three San Antonio-class am-
SELS.
tion System (IVAS) subsequent to the com- phibious ships and one America-class am-
pletion of operational testing. (a) MILESTONE B APPROVAL REQUIRE- phibious ship.
MENTS.—Milestone B approval may not be (2) PROCUREMENT IN CONJUNCTION WITH EX-
(2) ELEMENTS REQUIRED.—The report re-
quired by paragraph (1) shall include the fol- granted for a covered program unless such ISTING CONTRACTS.—The ships authorized to
lowing: program accomplishes prior to and incor- be procured under paragraph (1) may be pro-
(A) Certification of the IVAS acquisition porates into such approval— cured as additions to existing contracts cov-
strategy, to include production model costs, (1) qualification by the Senior Technical ering such programs.
full rate production schedule, and identifica- Authority of— (b) CERTIFICATION REQUIRED.—A contract
tion of any changes resulting from oper- (A) at least two different main propulsion may not be entered into under subsection (a)
ational testing. engines and ancillary equipment, including unless the Secretary of the Navy certifies to
(B) Certification of technology levels being the fuel and lube oil systems; and the congressional defense committees, in
utilized in the full rate production model. (B) at least two different electrical genera- writing, not later than 30 days before entry
(C) Certification of operational suitability tors and ancillary equipment; into the contract, each of the following,
and soldier acceptability of the production (2) final results of test programs of engi- which shall be prepared by the milestone de-
model IVAS. neering development models or prototypes cision authority for such programs:
(b) LIMITATION ON USE OF FUNDS.—Not for critical systems specified by the Senior (1) The use of such a contract is consistent
more than 50 percent of the amounts author- Technical Authority in their final form, fit, with the Department of the Navy’s projected
ized to be appropriated by this Act for fiscal and function and in a realistic environment; force structure requirements for amphibious
year 2021 for procurement of the Integrated and ships.
Visual Augmentation System may be obli- (3) a determination by the milestone deci- (2) The use of such a contract will result in
gated or expended until the Secretary sub- sion authority of the minimum number of significant savings compared to the total an-
mits to the congressional defense commit- vessels, discrete test events, performance pa- ticipated costs of carrying out the program
tees the report required under subsection (a). rameters to be tested, and schedule required through annual contracts. In certifying cost
SEC. 113. MODIFICATIONS TO REQUIREMENT FOR to complete initial operational test and eval- savings under the preceding sentence, the
AN INTERIM CRUISE MISSILE DE- uation and demonstrate operational suit- Secretary shall include a written expla-
FENSE CAPABILITY. ability and operational effectiveness. nation of—
(a) PLAN.—Not later than January 15, 2021, (b) QUALIFICATION REQUIREMENTS.—The (A) the estimated end cost and appro-
the Secretary of the Army shall submit to qualification required in subsection (a)(1) priated funds by fiscal year, by hull, without
the congressional defense committees the shall include a land-based operational dem- the authority provided in subsection (a);
plan, including a timeline, to operationally onstration of such equipment in the vessel- (B) the estimated end cost and appro-
priated funds by fiscal year, by hull, with the
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deploy or forward station the two batteries representative form, fit, and function for not
of interim cruise missile defense capability less than 1,080 continuous hours without pre- authority provided in subsection (a);
procured pursuant to section 112 of the John ventative maintenance, corrective mainte- (C) the estimated cost savings or increase
S. McCain National Defense Authorization nance, emergent repair, or any other form of by fiscal year, by hull, with the authority
Act for Fiscal Year 2019 (Public Law 115–232; repair or maintenance. provided in subsection (a);
132 Stat. 1660) in an operational theater or (c) REQUIREMENT TO USE QUALIFIED EN- (D) the discrete actions that will accom-
theaters. GINES AND GENERATORS.—The Secretary of plish such cost savings or avoidance; and
(b) MODIFICATION OF WAIVER.—Section the Navy shall require that covered pro- (E) the contractual actions that will en-
112(b)(4) of the John S. McCain National De- grams use only main propulsion engines and sure the estimated cost savings are realized.
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S6736 CONGRESSIONAL RECORD — SENATE November 16, 2020
(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
SURE FULL SPECTRUM ELECTRO- such fiscal year, and the future-years defense
will include the funding required to execute
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):
tees of the proposed deviation. costs of carrying out the program through (1) 1,182 Fighter aircraft.
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.
tity of such system included in the Presi- riod, the Secretary will request funding for (8) 106 Combat Search and Rescue (CSAR)
the contract at the level required to avoid
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dent’s annual budget request submitted to aircraft.
Congress under section 1105 of title 31, contract cancellation. (b) EXCEPTIONS.—The Secretary of the Air
United States Code, for such fiscal year shall (4) There is a stable design for the property Force may reduce the number of aircraft in
not be included as a new procurement quan- to be procured, and the technical risks asso- the PMAI of the Air Force below the minima
tity in future annual budget requests. ciated with such property are not excessive. specified in subsection (a) only if—
SEC. 127. REPORT ON CARRIER WING COMPOSI- (5) The estimates of both the cost of the (1) the Secretary certifies to the congres-
TION. contract and the anticipated cost avoidance sional defense committees that such reduc-
(a) REPORT.—Not later than May 1, 2021, through the use of an economic order quan- tion is justified by the results of the new ca-
the Secretary of the Navy, in consultation tity contract are realistic. pability and requirements studies; and
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November 16, 2020 CONGRESSIONAL RECORD — SENATE S6737
(2) a period of 30 days has elapsed following combatant commands and would not result quirements across the combatant commands
the date on which the certification is made in less capacity available to the commanders and operational and tactical level command
to the congressional defense committees of the combatant commands. and control capabilities the Advanced Battle
under paragraph (1). (b) WAIVER.—The Secretary of Defense may Management System (ABMS) will require
(c) APPLICABILITY.—The limitation in sub- waive the certification requirement under when fielded.
section (a) shall not apply to aircraft that subsection (a) with respect to U–2 aircraft or (b) JROC REQUIREMENTS.—
the Secretary of the Air Force determines, RQ–4 aircraft if the Secretary— (1) IN GENERAL.—Not later than 60 days
on a case-by-case basis, to be no longer mis- (1) determines, after analyzing sufficient after the Secretary of the Air Force develops
sion capable because of mishaps, other dam- and relevant data, that a loss in capacity the analysis under subsection (a), the Joint
age, or being uneconomical to repair. and capability will not prevent the combat- Requirements Oversight Council (JROC)
SEC. 143. MINIMUM OPERATIONAL SQUADRON ant commanders from accomplishing their shall certify that requirements for ABMS in-
LEVEL. missions at acceptable levels of risk; and corporate the findings of the analysis.
As soon as practicable after the date of the (2) provides to the appropriate committees (2) CONGRESSIONAL NOTIFICATION.—The
enactment of this Act and subject to the of Congress a certification of such deter- Joint Requirements Oversight Council
availability of appropriations, the Secretary mination and supporting analysis. (JROC) shall notify the congressional de-
of the Air Force shall seek to achieve a min- (c) APPROPRIATE COMMITTEES OF CONGRESS fense committees upon making the certifi-
imum of not fewer than 386 available oper- DEFINED.—In this section, the term ‘‘appro- cation required under paragraph (1) and pro-
ational squadrons, or equivalent organiza- priate committees of Congress’’ means— vide a briefing on the requirements and find-
tional units, within the Air Force. In addi- (1) the Committee on Armed Services, the ings described in such paragraph not later
tion to the operational squadrons, the Sec- Committee on Appropriations, and the Se- than 30 days after such notification.
retary shall strive to achieve the following lect Committee on Intelligence of the Sen- SEC. 153. STUDIES ON MEASURES TO ASSESS
primary mission aircraft inventory (PMAI) ate; and COST-PER-EFFECT FOR KEY MISSION
numbers: (2) the Committee on Armed Services, the AREAS.
(1) 1,680 Fighter aircraft. Committee on Appropriations, and the Per- (a) IN GENERAL.—Not later than January 1,
(2) 199 Persist attack remotely piloted air- manent Select Committee on Intelligence of 2021, the Secretary of the Air Force shall
craft (RPA). the House of Representatives. provide for the performance of two inde-
(3) 225 Bomber aircraft. SEC. 149. LIMITATION ON DIVESTMENT OF F–15C pendent studies to devise new measures to
(4) 500 Air refueling aircraft. AIRCRAFT IN THE EUROPEAN THE- assess cost-per-effect for key mission areas.
(5) 286 Tactical airlift aircraft. ATER. One of the studies shall be conducted by an
(6) 284 Strategic airlift aircraft. (a) IN GENERAL.—The Secretary of the Air organization described in section 501(c)(3) of
(7) 55 Command and control aircraft. Force may not divest F–15C aircraft in the the Internal Revenue Code of 1986 and ex-
(8) 105 Combat search and rescue (CSAR) European theater until the F–15EX aircraft empt from tax under section 501(a) of such
aircraft. is integrated into the Air Force and has Code, and one of the studies shall be con-
(9) 30 Intelligence, surveillance, and recon- begun bed down actions in the European the- ducted by a federally funded research and de-
naissance (ISR) aircraft. ater. velopment center.
(10) 179 Special operations aircraft. (b) WAIVER.—The Secretary of Defense, (b) SCOPE.—Each study conducted pursuant
(11) 40 Electronic warfare (EW) aircraft. after consultation with the Commander of to subsection (a) shall address the following
SEC. 144. MINIMUM AIR FORCE BOMBER AIR-
the United States European Command matters:
CRAFT LEVEL. (EUCOM), may waive the limitation under (1) Number of weapon systems required to
The Secretary of Defense shall submit to subsection (a) if the Secretary certifies to meet a specified mission goal.
the congressional defense committees rec- Congress the divestment is required for the (2) Number of personnel required to meet a
ommendations for a minimum number of national defense and that there exists suffi- specified mission goal.
bomber aircraft, including penetrating cient resources at all times to meet NATO (3) Associated operation and maintenance
bombers in addition to B–52H aircraft, to en- and EUCOM air superiority requirements for costs necessary to facilitate respective oper-
able the Air Force to carry out its long- the European theater. ational constructs.
range penetrating strike capability. SEC. 150. AIR BASE DEFENSE DEVELOPMENT AND (4) Basing requirements for respective
ACQUISITION STRATEGY. force constructs.
SEC. 145. F–35 GUN SYSTEM.
(a) STRATEGY REQUIRED.—Not later than (5) Mission support elements required to
The Secretary of the Air Force shall begin
March 1, 2021, the Chief of Staff of the Air facilitate specified operations.
the procurement process for an alternate
Force (CSAF), in consultation with the Chief (6) Defensive measures required to facili-
25mm ammunition solution that provides a
of Staff of the Army (CSA), shall submit to tate viable mission operations.
true full-spectrum target engagement capa-
the congressional defense committees a de- (7) Attrition due to enemy counter-
bility for the F–35A aircraft.
velopment and acquisition strategy to pro- measures and other loss factors associated
SEC. 146. PROHIBITION ON FUNDING FOR CLOSE
cure a capability to protect air bases and with respective technologies.
AIR SUPPORT INTEGRATION GROUP.
prepositioned sites in contested environ- (8) Associated weapon effects costs com-
No funds authorized to be appropriated by ments highlighted in the National Defense pared to alternative forms of power projec-
this Act may be obligated or expended for Strategy. The strategy should ensure a solu- tion.
the Close Air Support Integration Group tion that is effective against current and (c) IMPLEMENTATION OF MEASURES.—The
(CIG) or its subordinate units at Nellis Air emerging cruise missile and advanced Secretary of the Air Force shall, as appro-
Force Base, Nevada, and the Air Force may hypersonic missile threats. priate, incorporate the findings of the stud-
not utilize personnel or equipment in sup- (b) LIMITATION ON USE OF OPERATION AND ies conducted pursuant to subsection (a) in
port of the CIG or its subordinate units. MAINTENANCE FUNDS.—Not more than 50 per- the Air Force’s future force development
SEC. 147. LIMITATION ON DIVESTMENT OF KC–10 cent of the funds authorized to be appro- process. The measures—
AND KC–135 AIRCRAFT.
priated by this Act for fiscal year 2021 for op- (1) should be domain and platform agnos-
The Secretary of Defense may not divest eration and maintenance for the Office of the tic;
KC–10 and KC–135 aircraft in excess of the Secretary of the Air Force and the Office of (2) should focus on how best to achieve
following amounts: the Secretary of the Army may be obligated mission goals in future operations; and
(1) In fiscal year 2021, 6 KC–10 aircraft, in- or expended until 15 days after submission of (3) shall consider including harnessing
cluding only 3 from primary mission aircraft the strategy required under subsection (a). cost-per-effect assessments as a key perform-
inventory (PMAI). SEC. 151. REQUIRED SOLUTION FOR KC–46 AIR- ance parameter within the Department of
(2) In fiscal year 2022, 12 KC–10 aircraft. CRAFT REMOTE VISUAL SYSTEM Defense’s Joint Capabilities Integration and
(3) In fiscal year 2023, 12 KC–10 and 14 KC– LIMITATIONS. Development System (JCIDS) requirements
135 aircraft. The Secretary of the Air Force shall de- process.
SEC. 148. LIMITATION ON RETIREMENT OF U–2 velop and implement a complete, one-time SEC. 154. PLAN FOR OPERATIONAL TEST AND
AND RQ–4 AIRCRAFT. solution to the KC–46 aircraft remote visual UTILITY EVALUATION OF SYSTEMS
(a) LIMITATION.—The Secretary of the Air system (RVS) operational limitations. Not FOR LOW-COST ATTRIBUTABLE AIR-
Force may not take any action that would later than October 1, 2020, the Secretary CRAFT TECHNOLOGY PROGRAM.
prevent the Air Force from maintaining the shall submit to the congressional defense Not later than October 1, 2020, the Assist-
fleets of U–2 aircraft or RQ–4 aircraft in their committees an implementation strategy for ant Secretary of the Air Force for Acquisi-
current, or improved, configurations and ca-
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the solution. tion, Technology, and Logistics shall—
pabilities until the Chairman of the Joint SEC. 152. ANALYSIS OF REQUIREMENTS AND AD- (a) submit to the congressional defense
Requirements Oversight Council certifies in VANCED BATTLE MANAGEMENT SYS- committees an executable plan for the oper-
writing to the appropriate committees of TEM CAPABILITIES. ational test and utility evaluation of the
Congress that the capability to be fielded at (a) ANALYSIS.—Not later than April 1, 2021, systems of the Low-Cost Attributable Air-
the same time or before the retirement of the Secretary of the Air Force, in consulta- craft Technology (LCAAT) program of the
the U–2 aircraft or RQ–4 aircraft (as the case tion with the commanders of the combatant Air Force; and
may be) would result in equal or greater ca- commands, shall develop an analysis of cur- (b) brief the congressional defense commit-
pability available to the commanders of the rent and future moving target indicator re- tees on such plan.
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S6738 CONGRESSIONAL RECORD — SENATE November 16, 2020
SEC. 155. PROHIBITION ON RETIREMENT OR DI- aircraft program, together with a discussion following categories (with appropriate sub-
VESTMENT OF A–10 AIRCRAFT. of the procurement strategies on which such categories for mission aircraft, training air-
The Secretary of Defense may not during estimated levels of annual investment fund- craft, dedicated test aircraft, and other air-
fiscal year 2021 divest or retire any A–10 air- ing are based, set forth in aggregate for the craft):
craft, in order to ensure ongoing capabilities Department of Defense and in aggregate for ‘‘(i) Primary aircraft.
to counter violent extremism and provide each military department. ‘‘(ii) Backup aircraft.
close air support and combat search and res- ‘‘(D) The estimated level of annual funding ‘‘(iii) Attrition and reconstitution reserve
cue in accordance with the National Defense necessary to operate, maintain, sustain, and aircraft.
Strategy. support each aircraft program throughout ‘‘(C) The total number of the aircraft in
Subtitle E—Defense-wide, Joint, and the life-cycle of the program, set forth in ag- the inventory that are inactive, stated in the
Multiservice Matters gregate for the Department of Defense and in following categories:
SEC. 171. BUDGETING FOR LIFE-CYCLE COST OF aggregate for each military department. ‘‘(i) Bailment aircraft.
AIRCRAFT FOR THE NAVY, ARMY, ‘‘(E) For each of the cost estimates re- ‘‘(ii) Drone aircraft.
AND AIR FORCE: ANNUAL PLAN AND quired by subparagraphs (C) and (D)— ‘‘(iii) Aircraft for sale or other transfer to
CERTIFICATION. foreign governments.
‘‘(i) a description of whether the cost esti-
(a) IN GENERAL.—Chapter 9 of title 10, mate is derived from the cost estimate posi- ‘‘(iv) Leased or loaned aircraft.
United States Code, is amended by inserting ‘‘(v) Aircraft for maintenance training.
tion of the military department or derived
after section 231 the following new section: ‘‘(vi) Aircraft for reclamation.
from the cost estimate position of the Office
‘‘§ 231a. Budgeting for life-cycle cost of air- of Cost Analysis and Program Evaluation; ‘‘(vii) Aircraft in storage.
craft for the Navy, Army, and Air Force: ‘‘(ii) if the cost estimate position of the ‘‘(D) The aircraft inventory requirements
Annual plan and certification military department and the cost estimate approved by the Joint Chiefs of Staff.
‘‘(a) ANNUAL AIRCRAFT PROCUREMENT PLAN position of the Office of Cost Analysis and ‘‘(2) Each report submitted under this sub-
AND CERTIFICATION.—Not later than 45 days Program Evaluation differ by more than 5 section shall set forth each item described in
after the date on which the President sub- percent for any aircraft program, an anno- paragraph (1) separately for the regular com-
mits to Congress the budget for a fiscal year, tated cost estimate difference and sufficient ponent of each armed force and for each re-
the Secretary of Defense shall submit to the serve component of each armed force and, for
rationale to explain the difference;
congressional defense committees— each such component, shall set forth each
‘‘(iii) the confidence or certainty level as-
‘‘(1) a plan for the procurement of the air- type, model, and series of aircraft provided
sociated with the cost estimate for each air-
craft specified in subsection (b) for the De- for in the future-years defense program that
craft program; and
partment of the Navy, the Department of the covers the fiscal year for which the budget
‘‘(iv) a certification that cost between dif- accompanying the plan, certification and re-
Army, and the Department of the Air Force ferent services and aircraft are based on
developed in accordance with this section; port is submitted.
similar components in the life-cycle cost of ‘‘(f) DEFINITION OF BUDGET.—In this sec-
and each program. tion, the term ‘budget’, with respect to a fis-
‘‘(2) a certification by the Secretary that ‘‘(F) An assessment by the Secretary of De- cal year, means the budget for that fiscal
both the budget for such fiscal year and the fense of the extent to which the combined year that is submitted to Congress by the
future years defense program submitted to aircraft forces of the Department of the President under section 1105(a) of title 31.’’.
Congress in relation to such budget under Navy, the Department of the Army, and the (b) CLERICAL AMENDMENT.—The table of
section 221 of this title provide for funding of Department of the Air Force meet the na- sections at the beginning of chapter 9 of such
the procurement of aircraft at a level that is tional security requirements of the United title is amended by inserting after the item
sufficient for the procurement of the aircraft States. relating to section 231 the following new
provided for in the plan under paragraph (1) ‘‘(3) For any cost estimate required by item:
on the schedule provided in the plan. paragraph (2)(C) or (D), for any aircraft pro- ‘‘231a. Budgeting for life-cycle cost of air-
‘‘(b) COVERED AIRCRAFT.—The aircraft gram for which the Secretary is required to craft for the Navy, Army, and
specified in this subsection are the aircraft include in a report under section 2432 of this Air Force: Annual plan and cer-
as follows: title, the source of the cost information used tification.’’.
‘‘(1) Fighter aircraft. to prepare the annual aircraft plan, shall be SEC. 172. AUTHORITY TO USE F–35 AIRCRAFT
‘‘(2) Attack aircraft. sourced from the Selected Acquisition Re- WITHHELD FROM DELIVERY TO GOV-
‘‘(3) Bomber aircraft. port data that the Secretary plans to submit ERNMENT OF TURKEY.
‘‘(4) Intertheater lift aircraft. to the congressional defense committees in The Secretary of the Air Force is author-
‘‘(5) Intratheater lift aircraft. accordance with subsection (f) of that sec- ized to utilize, modify, and operate the 6 F–
‘‘(6) Intelligence, surveillance, and recon- tion for the year for which the annual air- 35 aircraft that were accepted by the Govern-
naissance aircraft. craft plan is prepared. ment of Turkey but never delivered because
‘‘(7) Tanker aircraft. ‘‘(4) The annual aircraft procurement plan Turkey was suspended from the F–35 pro-
‘‘(8) Remotely piloted aircraft. shall be submitted in unclassified form and gram.
‘‘(9) Rotary-wing aircraft. shall contain a classified annex. A summary SEC. 173. TRANSFER FROM COMMANDER OF
‘‘(10) Operational support and executive lift version of the unclassified report shall be UNITED STATES STRATEGIC COM-
aircraft. made available to the public. MAND TO CHAIRMAN OF THE JOINT
‘‘(d) ASSESSMENT WHEN AIRCRAFT PROCURE- CHIEFS OF STAFF OF RESPONSIBIL-
‘‘(11) Any other major support aircraft des- ITIES AND FUNCTIONS RELATING TO
ignated by the Secretary of Defense for pur- MENT BUDGET IS INSUFFICIENT TO MEET AP-
ELECTROMAGNETIC SPECTRUM OP-
poses of this section. PLICABLE REQUIREMENTS.—If the budget for a ERATIONS.
‘‘(c) ANNUAL AIRCRAFT PROCUREMENT fiscal year provides for funding of the pro- (a) TRANSFER.—Not later than one year
PLAN.—(1) The annual aircraft procurement curement of aircraft for the Department of after the date of the enactment of this Act
plan developed for a fiscal year for purposes the Navy, the Department of the Army, or and subject to subsection (c), the Secretary
of subsection (a)(1) should be designed so the Department of the Air Force at a level of Defense shall transition to the Chairman
that the aviation force provided for under that is not sufficient to sustain the aviation of the Joint Chiefs of Staff as a Chairman’s
the plan is capable of supporting the na- force structure specified in the aircraft pro- Controlled Activity all of the responsibilities
tional military strategy of the United States curement plan for such Department for that and functions of the Commander of United
as set forth in the most recent National De- fiscal year under subsection (a), the Sec- States Strategic Command that are germane
fense Strategy submitted under section retary shall include with the defense budget to electromagnetic spectrum operations, in-
113(g) of title 10, United States Code, and Na- materials for that fiscal year an assessment cluding—
tional Military Strategy submitted under that describes and discusses the risks associ- (1) advocacy for joint electronic warfare
section 153(b) of title 10, United States Code. ated with the reduced force structure of air- capabilities,
‘‘(2) Each annual aircraft procurement plan craft that will result from funding aircraft (2) providing contingency electronic war-
shall include the following: procurement at such level. The assessment fare support to other combatant commands,
‘‘(A) A detailed program for the procure- shall be coordinated in advance with the and
ment of the aircraft specified in subsection commanders of the combatant commands. (3) supporting combatant command joint
(b) for each of the Department of the Navy, ‘‘(e) ANNUAL REPORT ON AIRCRAFT INVEN- training and planning related to electro-
the Department of the Army, and the De- TORY.—(1) As part of the annual plan and cer- magnetic spectrum operations.
partment of the Air Force over the next 30 tification required to be submitted under (b) RESPONSIBILITY OF VICE CHAIRMAN OF
fiscal years. this section, the Secretary shall include a re-
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THE JOINT CHIEFS OF STAFF AS THE ELEC-
‘‘(B) A description of the necessary avia- port on the aircraft in the inventory of the TRONIC WARFARE SENIOR DESIGNATED OFFI-
tion force structure to meet the require- Department of Defense. Each such report CIAL.—The Vice Chairman of the Joint Chiefs
ments of the national military strategy of shall include the following, for the year cov- of Staff, as the Electronic Warfare Senior
the United States or the most recent Quad- ered by the report: Designated Official, shall be responsible for
rennial Defense Review, whichever is appli- ‘‘(A) The total number of aircraft in the in- the following:
cable under paragraph (1). ventory. (1) Executing the functions transitioned to
‘‘(C) The estimated levels of annual invest- ‘‘(B) The total number of the aircraft in the Chairman of the Joint Chiefs of Staff
ment funding necessary to carry out each the inventory that are active, stated in the under subsection (a).
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November 16, 2020 CONGRESSIONAL RECORD — SENATE S6739
(2) Overseeing, with the Chief Information (d) EVALUATIONS OF ARMED FORCES.— (1) The expiration date or cease key date
Officer of the Department of Defense, the de- (1) IN GENERAL.—The Chief of Staff of the for applicable cryptographic algorithms.
velopment and implementation of the Elec- Army, the Chief of Naval Operations, the (2) Anticipated key extension requests for
tromagnetic Spectrum Superiority Strategy Chief of Staff of the Air Force, the Com- systems where cryptographic modernization
of the Department of Defense and subsequent mandant of the Marine Corps, and the Chief is assessed to be overly burdensome and ex-
Department-wide electromagnetic spectrum of Space Operations shall each conduct and pensive or to provide limited operational
and electronic warfare strategies. complete an evaluation of the armed forces utility.
(3) Managing the Joint Electronic Warfare for their respective military services and (3) The funding and deployment schedule
Center and the Joint Electromagnetic Pre- their ability to perform the electromagnetic for modernized cryptographic algorithms,
paredness for Advanced Combat organiza- spectrum operations missions required of keys, and equipment over the Future Years
tions. them in— Defense Program.
(4) Overseeing, through the Joint Require- (A) the Electromagnetic Spectrum Superi- (b) REQUIREMENTS FOR CHIEF INFORMATION
ments Oversight Council and the Electro- ority Strategy; OFFICER.—The Chief Information Officer of
magnetic Spectrum Operations cross-func- (B) the Joint Staff-developed concept of the Department of Defense shall—
tional team, the acquisition activities of the operations; and (1) oversee the construction and implemen-
military services as they relate to electro- (C) the operation and contingency plans of tation of the cryptographic modernization
magnetic spectrum operations. the combatant commanders. schedules required by subsection (a);
(5) Overseeing and, as appropriate, setting (2) ELEMENTS.—Each evaluation under (2) establish and maintain an integrated
standards for the individual and unit train- paragraph (1) shall include assessment of the cryptographic modernization schedule for
ing programs of the military services and the following: the entire Department, collating the cryp-
joint training and mission rehearsal pro- (A) Current programs of record, includ- tographic modernization schedules required
grams of the combatant commands as they ing— under subsection (a); and
relate to electromagnetic spectrum oper- (i) the ability of weapon systems to per- (3) in coordination with the Director of the
ations. form missions in contested electromagnetic National Security Agency and the Joint
(6) Overseeing the development of tactics, spectrum environments; and Staff Director for Command, Control, Com-
techniques, and procedures germane to elec- (ii) the ability of electronic warfare capa- munications, and Computers/Cyber, use the
tromagnetic spectrum operations. bilities to disrupt adversary operations. budget certification, standard-setting, and
(7) Overseeing the integration of electro- (B) Future programs of record, including— policy-making authorities provided in sec-
magnetic spectrum operations into oper- (i) the need for distributed or network-cen- tion 142 of title 10, United States Code, to
ation plans and contingency plans. tric electronic warfare and signals intel- amend military service and defense agency
(8) Developing and integrating into the ligence capabilities; and and field activity plans for key extension re-
joint warfighting concept operational con- (ii) the need for automated and machine quests and cryptographic modernization
cepts for electromagnetic spectrum oper- learning- or artificial intelligence-assisted funding and deployment that pose unaccept-
ations, including the following: electronic warfare capabilities. able risk to military operations.
(A) The roles and responsibilities of each of (C) Order of battle. (c) ANNUAL NOTICES.—Not later than Janu-
the military services and their primary con- (D) Individual and unit training. ary 1, 2022, and not less frequently than once
tributions to the joint force. (E) Tactics, techniques, and procedures, in- each year thereafter until January 1, 2026,
(B) The primary targets for offensive elec- cluding— the Chief Information Officer of the Depart-
tromagnetic spectrum operations and their ment and the Joint Staff Director for Com-
(i) maneuver, distribution of assets, and
alignment to the military services and rel- mand, Control, Communications, and Com-
the use of decoys; and
evant capabilities. puters/Cyber shall jointly submit to the con-
(ii) integration of nonkinetic and kinetic
(C) The armed forces’ positioning, scheme gressional defense committees notification
fires.
of maneuver, kill chains, and tactics, tech- (e) EVALUATION OF COMBATANT COM- of all—
niques, and procedures, as appropriate, to MANDS.— (1) delays to or planned delays of military
conduct offensive electromagnetic spectrum (1) IN GENERAL.—The Commander of the service and defense agency and field activity
operations. United States European Command, the Com- funding and deployment of modernized cryp-
(D) The armed forces’ positioning, scheme mander of the United States Pacific Com- tographic algorithms, keys, and equipment
of maneuver, kill chains, and tactics, tech- mand, and the Commander of the United over the previous year; and
niques, and procedures, as appropriate, to de- (2) changes in plans or schedules sur-
States Central Command shall each conduct
tect, disrupt, avoid, or render ineffective ad- rounding key extension requests and waiv-
and complete an evaluation of the plans and
versary electromagnetic spectrum oper- ers, including—
posture of their respective commands to exe-
ations. (A) unscheduled or unanticipated key ex-
(c) PERIOD OF EFFECT OF TRANSFER.— cute the electromagnetic spectrum oper-
ations envisioned in— tension requests; and
(1) IN GENERAL.—The transfer required by (B) unscheduled or unanticipated waivers
subsection (a) and the responsibilities speci- (A) the Electromagnetic Spectrum Superi-
ority Strategy; and and nonwaivers of scheduled or anticipated
fied in subsection (b) shall remain in effect key extension requests.
until such date as the Chairman of the Joint (B) the Joint Staff-developed concept of
operations. SEC. 175. PROHIBITION ON PURCHASE OF ARMED
Chiefs of Staff considers appropriate, except OVERWATCH AIRCRAFT.
that such date shall not be earlier than the (2) ELEMENTS.—Each evaluation under
paragraph (1) shall include assessment of the The Secretary of the Air Force may not
date that is 180 days after the date on which purchase any aircraft for the Air Force Spe-
the Chairman submits to the congressional following:
(A) Operation and contingency plans. cial Operations Command for the purpose of
defense committees notice that— ‘‘armed overwatch’’ until such time as the
(A) the Chairman has made a determina- (B) The manning, organizational align-
ment, and capability of joint electro- Chief of Staff of the Air Force certifies to
tion that— the congressional defense committees that
(i) the military services’, geographic com- magnetic spectrum operations cells.
(C) Mission rehearsal and exercises. general purpose forces of the Air Force do
batant commands’, and functional combat- not have the skill or capacity to provide
ant commands’ electromagnetic spectrum (D) Force positioning, posture, and readi-
ness. close air support and armed overwatch to
operations expertise, capabilities, and execu- United States forces deployed operationally.
(f) SEMIANNUAL BRIEFING.—Not less fre-
tion are sufficiently robust; and SEC. 176. SPECIAL OPERATIONS ARMED
quently than twice each year until January
(ii) an alternative arrangement described OVERWATCH.
1, 2026, the Vice Chairman of the Joint Chiefs
in paragraph (2) is justified; and of Staff shall brief the Committee on Armed (a) PROHIBITION.—None of the funds author-
(B) the Chairman intends to transfer re- Services of the Senate and the Committee on ized to be appropriated by this Act for the
sponsibilities and activities in order to carry Armed Services of the House of Representa- Department of Defense may be used to ac-
out such alternative arrangement. tives on the implementation of this section quire armed overwatch aircraft for the
(2) ALTERNATIVE ARRANGEMENT DE- by each of the Joint Staff, the military serv- United States Special Operations Command,
SCRIBED.—An alternative arrangement de- ices, and the combatant commands. and the Department of Defense may not ac-
scribed in this paragraph is an arrangement SEC. 174. CRYPTOGRAPHIC MODERNIZATION quire armed overwatch aircraft for the
in which certain oversight, advocacy, and co- SCHEDULES. United States Special Operations Command
ordination functions allotted to the Chair- (a) CRYPTOGRAPHIC MODERNIZATION SCHED- in fiscal year 2021.
man or Vice Chairman of the Joint Chiefs of (b) ANALYSIS REQUIRED.—
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ULES REQUIRED.—Each of the Secretaries of
Staff by subsections (a) and (b) are per- the military departments and the heads of (1) IN GENERAL.—Not later than July 1,
formed either by a single combatant com- relevant defense agencies and field activities 2021, the Secretary of Defense, in coordina-
mand or by the individual geographic and shall establish and maintain a cryptographic tion with the Assistant Secretary of Defense
functional combatant commands responsible modernization schedule that specifies, for for Special Operations and Low Intensity
for executing electromagnetic spectrum op- each pertinent weapon system, command and Conflict and the Commander of the United
erations with long-term supervision by the control system, or data link, including those States Special Operations Command, shall
Chairman or Vice Chairman of the Joint that use commercial encryption tech- conduct an analysis to define the special op-
Chiefs of Staff. nologies, as relevant, the following: erations-peculiar requirements for armed
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S6740 CONGRESSIONAL RECORD — SENATE November 16, 2020
overwatch aircraft and to determine whether (2) designate the aircraft of the air carrier SEC. 181. REQUIREMENT TO ACCELERATE THE
acquisition of a new special operations-pecu- or commercial operator of the United States FIELDING AND DEVELOPMENT OF
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.
cluding an identification of threshold and (2) any previously issued nonpremium avia- (b) FIELDING C–UAS SYSTEMS IN FISCAL
objective performance parameters for armed tion insurance or reinsurance policy issued YEAR 2021.—Pursuant to subsection (a)(1),
overwatch aircraft; to the air carrier or commercial operator of the Executive Agent shall prioritize the se-
(E) an analysis of alternatives comparing the United States for the duration of avia- lection of counter unmanned aerial systems
various manned and unmanned aircraft in tion services performed as a State Aircraft of that can be fielded in fiscal year 2021 with
the current aircraft inventory of the United the United States under that subsection. specific emphasis on systems that—
States Special Operations Command and a SEC. 179. F–35 AIRCRAFT MUNITIONS. (1) have undergone effective combat valida-
new platform for meeting requirements for The Secretary of the Air Force and the tions;
the armed overwatch mission, including for Secretary of the Navy shall qualify and cer- (2) meet the operational demands of de-
each alternative considered; tify, for the use of United States forces, addi- ployed forces facing the most significant
(F) an identification of any necessary air- tional munitions on the F–35 aircraft that threats, especially unmanned aerial systems
craft modifications and the associated cost; are already qualified on NATO member F–35 that are not remotely piloted or are not reli-
(G) the annual cost of operating and sus- partner aircraft. ant on a command link; and
taining such aircraft; (3) utilize autonomous systems and proc-
SEC. 180. AIRBORNE INTELLIGENCE, SURVEIL-
(H) an identification of any required mili- esses that increase operational effectiveness,
LANCE, AND RECONNAISSANCE AC-
tary construction costs; QUISITION ROADMAP FOR UNITED reduce the manning demands on operational
(I) an explanation of how the acquisition of STATES SPECIAL OPERATIONS COM- forces, and limit the need for government-
a new armed overwatch aircraft would im- MAND. funded contractor logistics support.
pact the overall fleet of special operations- (a) IN GENERAL.—Not later than December (c) NEAR-TERM DEVELOPMENT PLAN.—The
peculiar aircraft and the availability of air- 1, 2021, the Assistant Secretary of Defense for plan for the near-term development of
crews and maintainers; Special Operations and Low-Intensity Con- counter unmanned aerial systems prioritized
(J) an explanation of why existing Air flict and the Commander of the United under subsection (a)(2) shall ensure, at a
Force and United States Special Operations minimum, that the development of such sys-
States Special Operations Command shall
Command close air support and airborne in- tems—
jointly submit to the congressional defense
telligence capabilities are insufficient for (1) builds, as much as practicable, upon
committees an acquisition roadmap to meet
the armed overwatch mission; and systems that were selected for fielding in fis-
the manned and unmanned airborne intel-
(K) any other matters determined relevant cal year 2021 and the criteria prioritized for
ligence, surveillance, and reconnaissance re-
by the Secretary of Defense. their selection, as specified in subsection (b);
quirements of United States Special Oper-
(2) reduces or accelerates the timeline for
SEC. 177. AUTONOMIC LOGISTICS INFORMATION ations Forces.
SYSTEM REDESIGN STRATEGY. initial operational capability and full oper-
(b) ELEMENTS.—The roadmap required
ational capability;
Not later than October 1, 2020, the Under under subsection (a) shall include, at a min-
(3) utilizes a software-defined, family-of-
Secretary of Defense for Acquisition and imum, the following:
systems approach that enables the flexible
Sustainment, in consultation with the F–35 (1) A description of the current platform
and continuous integration of different types
Program Executive Officer, shall— requirements for manned and unmanned air-
of sensors and mitigation solutions based on
(1) submit to the congressional defense borne intelligence, surveillance, and recon-
the different demands of particular military
committees a report describing a program- naissance capabilities to support United
installations and deployed forces, physical
wide process for measuring, collecting, and States Special Operations Forces.
geographies, and threat profiles; and
tracking information on how the Autonomic (2) An analysis of the remaining service
(4) gives preference to commercial items,
Logistics Information System (ALIS) is af- life of existing manned and unmanned air-
as required in section 3307 of title 41, United
fecting the performance of the F–35 fleet, in- borne intelligence, surveillance, and recon-
States Code, when making selections of
cluding its effects on mission capability naissance capabilities currently operated by
counter unmanned aerial systems or compo-
rates; and United States Special Operations Forces.
nent parts, including a common command
(2) implement a strategy for the redesign (3) An identification of any current or an-
and control system.
of ALIS, including the identification and as- ticipated special operations-peculiar capa- (d) BRIEFING.—Not later than 60 days after
sessment of goals, key risks or uncertainties, bility gaps. the date of the enactment of this Act, the
and costs of redesigning the system. (4) A description of the future manned and Executive Agent shall brief the congres-
SEC. 178. CONTRACT AVIATION SERVICES IN A unmanned intelligence, surveillance, and re- sional defense committees on the selection
COUNTRY OR IN AIRSPACE IN connaissance platform requirements of the process for counter unmanned aerial systems
WHICH A SPECIAL FEDERAL AVIA- United States Special Operations Forces, in- capabilities prioritized under paragraph (1)
TION REGULATION APPLIES. cluding range, payload, endurance, ability to of subsection (a) and the plan prioritized
(a) IN GENERAL.—When the Department of operate in contested environments, and under paragraph (2) of such subsection.
Defense contracts for aviation services to be other requirements as appropriate. (e) OVERSIGHT.—The Executive Agent
performed in a foreign country, or in air- (5) An explanation of the anticipated mix shall—
space, in which a Special Federal Aviation of manned and unmanned aircraft, number of (1) oversee the program management and
Regulation issued by the Federal Aviation platforms, and associated aircrew and main- execution of all counter unmanned aerial
Administration would preclude operation of tainers. systems being developed within the military
such aviation services by an air carrier or (6) An explanation of the extent to which departments on the day before the date of
commercial operator of the United States, service-provided manned and unmanned air- the enactment of this Act; and
the Secretary of Defense (or a designee of the borne intelligence, surveillance, and recon-
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(2) ensure that the plan prioritized under
Secretary) shall— naissance capabilities will be required in subsection (a)(2) guides future programmatic
(1) obtain approval from the Administrator support of United States Special Operations and funding decisions for activities relating
of the Federal Aviation Administration (or a Forces and how such capabilities will supple- to counter unmanned aerial systems, includ-
designee of the Administrator) for the air ment and integrate with the organic capa- ing cancellation of such activities.
carrier or commercial operator of the United bilities possessed by United States Special SEC. 182. JOINT ALL DOMAIN COMMAND AND
States to deviate from the Special Federal Operations Forces. CONTROL REQUIREMENTS.
Aviation Regulation to the extent necessary (7) Any other matters deemed relevant by (a) PRODUCTION OF REQUIREMENTS BY JOINT
to perform such aviation services; the Assistant Secretary and Commander. REQUIREMENTS OVERSIGHT COUNCIL.—Not
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November 16, 2020 CONGRESSIONAL RECORD — SENATE S6741
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- SEC. 212. GOVERNANCE OF FIFTH-GENERATION
priated for fiscal year 2021 for the use of the 2021, the Secretary shall submit to the con-
WIRELESS NETWORKING IN THE DE-
Department of Defense for research, develop- PARTMENT OF DEFENSE. gressional defense committees a briefing on
ment, test, and evaluation, as specified in (a) IN GENERAL.—In carrying out the re- the establishment of the cross-functional
the funding table in section 4201. sponsibilities established in section 142 of team pursuant to subsection (c) and the roles
Subtitle B—Program Requirements, title 10, United States Code, the Chief Infor- and responsibilities defined pursuant to sub-
Restrictions, and Limitations mation Officer (CIO) of the Department of section (d).
Defense shall— (f) RULE OF CONSTRUCTION.—
SEC. 211. DESIGNATION AND ACTIVITIES OF SEN-
IOR OFFICIALS FOR CRITICAL TECH- (1) lead the cross-functional team estab- (1) IN GENERAL.—Nothing in this section
NOLOGY AREAS SUPPORTIVE OF lished pursuant to subsection (c); and shall be construed as providing the Chief In-
THE NATIONAL DEFENSE STRATEGY. (2) serve as the senior designated official formation Officer immediate responsibility
(a) DESIGNATION OF SENIOR OFFICIALS.—The for fifth-generation wireless networking for the Department’s activities in fifth-gen-
Under Secretary for Research and Engineer- (commonly known as ‘‘5G’’) policy, over- eration wireless networking experimentation
ing shall designate a set of senior officials to sight, guidance, research, and coordination and science and technology development.
coordinate research and engineering in such in the Department. (2) PURVIEW OF EXPERIMENTATION AND
technology areas as the Under Secretary (b) RESPONSIBILITIES.—The Chief Informa- SCIENCE AND TECHNOLOGY DEVELOPMENT.—The
considers critical for the support of the Na- tion Officer shall have, with respect to au- activities described in paragraph (1) shall re-
tional Defense Strategy. thorities referenced in subsection (a), the main within the purview of the Under Sec-
(b) DUTIES.—The duties of the senior offi- following responsibilities: retary of Defense for Research and Engineer-
cials designated under subsection (a) shall (1) Proposing governance, management, ing, but shall inform and be informed by the
include, within their respective technology and organizational policy for fifth-genera- activities of the cross-functional team estab-
areas— tion wireless networking to the Secretary of lished pursuant to subsection (c).
(1) developing and continuously updating Defense, in consultation with the heads of SEC. 213. APPLICATION OF ARTIFICIAL INTEL-
research and technology development road- the constituent organizations of the cross- LIGENCE TO THE DEFENSE REFORM
maps, associated funding strategies, and as- functional team established pursuant to sub- PILLAR OF THE NATIONAL DEFENSE
sociated technology transition strategies to section (c). STRATEGY.
ensure effective and efficient development of (2) Leading the cross-functional team es- (a) IDENTIFICATION OF USE CASES.—The
new capabilities and operational use of ap- tablished pursuant to subsection (c). Secretary of Defense, acting through such of-
propriate technologies; (c) CROSS-FUNCTIONAL TEAM FOR FIFTH-GEN- ficers and employees of the Department of
(2) annual assessments of workforce, infra- ERATION WIRELESS NETWORKING.— Defense as the Secretary considers appro-
structure, and industrial base capabilities (1) ESTABLISHMENT REQUIRED.—The Sec- priate, including the chief data officers and
and capacity to support the roadmaps devel- retary of Defense shall, in accordance with chief management officers of the military
oped under paragraph (1) and the goals of the section 911(c) of the National Defense Au- departments, shall identify a set of no fewer
National Defense Strategy; thorization Act for Fiscal Year 2017 (Public than five use cases of the application of ex-
(3) reviewing the relevant research and en- Law 114–328; 10 U.S.C. 111 note), establish a isting artificial intelligence enabled systems
gineering budgets of appropriate organiza- cross-functional team for fifth-generation to support improved management of enter-
tions within the Department of Defense, in- wireless networking in order— prise acquisition, personnel, audit, or finan-
cluding the military services, and advising (A) to advance the adoption of commer- cial management functions, or other appro-
the Under Secretary on— cially available next generation wireless priate management functions, that are con-
(A) the consistency of the budgets with the communication technologies, capabilities, sistent with reform efforts that support the
roadmaps developed under paragraph (1); security, and applications by the Depart- National Defense Strategy.
(B) any technical and programmatic risks ment of Defense and the defense industrial (b) PROTOTYPING ACTIVITIES ALIGNED TO
to achieving the research and technology de- base; and USE CASES.—The Secretary, acting through
velopment goals of the National Defense (B) to support public-private partnership the Under Secretary of Defense for Research
Strategy; and between the Department and industry re- and Engineering and in coordination with
(C) projects and activities with unwanted garding fifth-generation wireless net- the Director of the Joint Artificial Intel-
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or inefficient duplication, including with working. ligence Center and such other officers and
other government agencies and the commer- (2) PURPOSE.—The purpose of the cross- employees as the Secretary considers appro-
cial sector, lack of appropriate coordination functional team established pursuant to priate, shall pilot technology development
with relevant organizations, or inappropriate paragraph (1) shall be the— and prototyping activities that leverage
alignment with organizational missions and (A) oversight of the implementation of the commercially available technologies and
capabilities; strategy developed as required by section 254 systems to demonstrate new artificial intel-
(4) coordinating research and engineering of the National Defense Authorization Act ligence enabled capabilities to support the
activities of the Department with appro- for Fiscal Year 2020 (Public Law 116–92) for use cases identified under subsection (a).
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S6742 CONGRESSIONAL RECORD — SENATE November 16, 2020
(c) BRIEFING.—Not later than October 1, (1) IN GENERAL.—Not later than one year Defense Authorization Act for Fiscal Year
2021, the Secretary shall provide to the con- after the date of the commencement of the 2010 (Public Law 111–84; 10 U.S.C. 2358 note).
gressional defense committees a briefing program established under subsection (a), SEC. 217. IMPROVEMENTS TO TECHNOLOGY AND
summarizing the activities carried out under the Secretary shall, under such program, es- NATIONAL SECURITY FELLOWSHIP
this section. tablish at least 10 positions of employment OF DEPARTMENT OF DEFENSE.
SEC. 214. EXTENSION OF AUTHORITIES TO EN- described in such subsection for faculty de- (a) MODIFICATION REGARDING BASIC PAY.—
HANCE INNOVATION AT DEPART- scribed in paragraph (1) of such subsection. Subsection (a)(4)(A) of section 235 of the Na-
MENT OF DEFENSE LABORATORIES. (2) ARTIFICIAL INTELLIGENCE AND MACHINE tional Defense Authorization Act for Fiscal
(a) EXTENSION OF PILOT PROGRAM FOR THE LEARNING.—Of the positions established Year 2020 (Public Law 116–92) is amended—
ENHANCEMENT OF THE RESEARCH, DEVELOP- under paragraph (1), at least five of such po- (1) by striking ‘‘equivalent to’’ and insert-
MENT, TEST, AND EVALUATION CENTERS OF THE sitions shall be for faculty conducting re- ing ‘‘not less than’’; and
DEPARTMENT OF DEFENSE.—Section 233(e) of search in the area of artificial intelligence (2) by inserting ‘‘and not more than the
the National Defense Authorization Act for and machine learning. rate of basic pay payable for a position at
Fiscal Year 2017 (Public Law 114–328; 10 (c) SELECTION.—The Secretary, acting level 15 of such schedule’’ before the semi-
U.S.C. 2358 note) is amended by striking through the directors of the laboratories de- colon.
‘‘September 30, 2022’’ and inserting ‘‘Sep- scribed in subsection (a), shall select faculty (b) BACKGROUND CHECKS.—Subsection (b) of
tember 30, 2025’’. described in paragraph (1) of such subsection such section is amended by adding at the end
(b) EXTENSION OF PILOT PROGRAM TO IM- for participation in the program established the following new paragraph:
PROVE INCENTIVES FOR TECHNOLOGY TRANS- under such subsection on the basis of— ‘‘(3) BACKGROUND CHECK REQUIREMENT.—No
FER FROM DEPARTMENT OF DEFENSE LABORA- (1) the academic credentials and research individual may participate in the fellows
TORIES.—Subsection (e) of section 233 of the experience of the faculty; program without first undergoing a back-
National Defense Authorization Act for Fis- (2) the potential contribution to Depart- ground check that the Secretary considers
cal Year 2018 (Public Law 115–91; 10 U.S.C. ment objectives by the research that will be appropriate for participation in the fellows
2514 note) is amended to read as follows: conducted by the faculty under the program; program.’’.
‘‘(e) SUNSET.—The pilot program under this and SEC. 218. DEPARTMENT OF DEFENSE RESEARCH,
section shall terminate on September 30, (3) the qualifications of any students who DEVELOPMENT, AND DEPLOYMENT
2025.’’. OF TECHNOLOGY TO SUPPORT
will be assisting the faculty in such research WATER SUSTAINMENT.
SEC. 215. UPDATES TO DEFENSE QUANTUM IN- and the role and credentials of such stu-
FORMATION SCIENCE AND TECH-
(a) IN GENERAL.—The Secretary of Defense
dents.
NOLOGY RESEARCH AND DEVELOP- shall research, develop, and deploy advanced
(d) AUTHORITIES.—In carrying out the pro- technologies that support water sustainment
MENT PROGRAM.
gram established under subsection (a), the
Section 234 of the John S. McCain National with technologies that capture ambient hu-
Secretary and the directors of the labora-
Defense Authorization Act for Fiscal year midity and harvest, recycle, and reuse water.
tories described in such subsection may— (b) GOAL.—Under subsection (a), the Sec-
2019 (Public Law 115–232; 10 U.S.C. 2358 note), (1) use any hiring authority available to
as amended by section 220 of the National retary shall seek to develop water systems
the Secretary or the directors, including any that reduce weight and logistics support and
Defense Authorization Act for Fiscal Year authority available under a laboratory dem-
2020 (Public Law 116–92), is further amend- transition such advanced technologies for
onstration program, direct hiring authority use by expeditionary forces by January 1,
ed— under section 1599h of title 10, United States
(1) by redesignating subsection (e) as sub- 2025.
Code, and expert hiring authority under sec- (c) MODULAR PLATFORMS.—In carrying out
section (f); and tion 3109 of title 5, United States Code;
(2) by inserting after subsection (d) the fol- subsection (a), the Secretary shall develop
(2) utilize cooperative research and devel- the following:
lowing new subsection (e): opment agreements under section 12 of the
‘‘(e) USE OF QUANTUM COMPUTING CAPABILI- (1) Modular platforms that are easily
Stevenson-Wydler Technology Innovation transportable.
TIES.—The Secretary of each military de- Act of 1980 (15 U.S.C. 3710a) to enable sharing
partment shall— (2) Trailer mounted systems that will re-
of research and expertise with institutions of duce resupply.
‘‘(1) develop and annually update a list of higher education and the private sector; and
technical problems and research challenges (3) Storage requirements at forward oper-
(3) provide referral bonuses to program ating bases.
which are likely to be addressable by quan- participants who identify students to assist
tum computers available for use within in (d) PARTNERSHIPS AND EXISTING TECH-
in a research project under the program or to NIQUES AND TECHNOLOGIES.—In carrying out
the next one to three years, with a priority participate in laboratory internship pro-
for technical problems and challenges where subsection (a), the Secretary shall seek—
grams and the Pathways Internship Pro- (1) to enter into partnerships with foreign
quantum computing systems have perform- gram.
ance advantages over traditional computing militaries and organizations that have prov-
(e) ANNUAL REPORTS.— en they have the ability to operate in water
systems, in order to enhance the capabilities (1) IN GENERAL.—Not later than one year
of such quantum computers and support the constrained areas;
after the date of the enactment of this Act (2) to leverage existing techniques and
addressing of relevant technical problems and not less frequently than once each year
and research challenges; and technologies; and
thereafter until the date that is three years (3) to apply such techniques and tech-
‘‘(2) establish programs and enter into after the date of the enactment of this Act,
agreements with appropriate medium and nologies to military operations carried out
the Secretary shall submit to Congress a re- by the United States.
small businesses with functional quantum port on the program established under sub- (e) COMMERCIAL OFF-THE-SHELF TECH-
computing capabilities to provide such pri- section (a). NOLOGIES.—In carrying out subsection (a), in
vate sector capabilities to government, in- (2) CONTENTS OF FIRST REPORT.—The first addition to technology described in such sub-
dustry, and academic researchers working on report submitted under paragraph (1) shall section, the Secretary shall consider using
relevant technical problems and research ac- address, at a minimum, the following: commercial off-the-shelf technologies for
tivities.’’. (A) The number of faculty and students cost savings and near ready deployment
SEC. 216. PROGRAM OF PART-TIME AND TERM employed under the program. technologies to enable warfighters to be
EMPLOYMENT AT DEPARTMENT OF
(B) The laboratories employing such fac- more self-sufficient.
DEFENSE SCIENCE AND TECH-
NOLOGY REINVENTION LABORA- ulty and students. (f) CROSS FUNCTIONAL TEAMS.—In carrying
TORIES OF FACULTY AND STUDENTS (C) The types of research conducted or to out subsection (a), the Secretary shall estab-
FROM INSTITUTIONS OF HIGHER be conducted by such faculty or students. lish cross functional teams to determine re-
EDUCATION. (3) CONTENTS OF SUBSEQUENT REPORTS.— gions where deployment of water harvesting
(a) PROGRAM REQUIRED.—Not later than 180 Each report submitted under paragraph (1) technologies could reduce conflict and poten-
days after the date of the enactment of this after the first report shall address, at a min- tially eliminate the need for the presence of
Act, the Secretary of Defense shall establish imum, the following: the Armed Forces.
a program to provide part-time or term em- (A) The matters set forth in subparagraphs SEC. 219.DEVELOPMENT AND TESTING OF
ployment in Department of Defense science (A) through (C) of paragraph (2). HYPERSONIC CAPABILITIES.
and technology reinvention laboratories (B) The number of interns and recent col- (a) SENSE OF CONGRESS ON HYPERSONIC CA-
for— lege graduates hired pursuant to referrals PABILITIES.—It is the sense of Congress that
under subsection (d)(3).
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(1) faculty of institutions of higher edu- development of hypersonic capabilities is a
cation who have expertise in science, tech- (C) The results of research conducted under key element of the National Defense Strat-
nology, engineering, or mathematics to con- the program. egy.
duct research projects in such laboratories; (f) DEPARTMENT OF DEFENSE SCIENCE AND (b) IMPROVING GROUND-BASED TEST FACILI-
and TECHNOLOGY REINVENTION LABORATORY DE- TIES.—The Secretary of Defense shall take
(2) students at such institutions to assist FINED.—In this section, the term ‘‘Depart- such actions as may be necessary to improve
such faculty in conducting such research ment of Defense science and technology re- ground-based test facilities for the develop-
projects. invention laboratory’’ means the entities ment of hypersonic capabilities, such as im-
(b) NUMBER OF POSITIONS.— designated by section 1105(a) of the National proving wind tunnels.
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November 16, 2020 CONGRESSIONAL RECORD — SENATE S6743
(c) INCREASING FLIGHT TEST RATE.—The (C) An intelligence assessment of adver- centive programs listed under such subpara-
Secretary shall increase the flight test rate sary emerging biotechnology capabilities graph.
to expedite the maturation and fielding of and research as well as an assessment of ad- (E) The incentives offered by each of the
hypersonic technologies. versary intent and willingness to use emerg- talent programs listed under subparagraph
(d) STRATEGY AND PLAN.— ing biotechnologies for national security (A) and a description of the incentives of-
(1) IN GENERAL.—Not later than December purposes. fered through incentive programs under such
30, 2020, the Under Secretary of Defense for (D) An assessment of the analytic and subparagraph to recruit and retain research-
Research and Engineering, in consultation operational subject matter expertise nec- ers, scientists, and other technical experts.
with the Chief of Staff of the Air Force, shall essary to assess rapidly-evolving foreign (F) A characterization of the national se-
submit to the congressional defense commit- military developments in biotechnology, and curity, economic, and scientific benefits
tees an executable strategy and plan to field the current state of the workforce in the in- China gains through the talent programs
air-launched and air-breathing hypersonic telligence community listed under subparagraph (A) and a descrip-
weapons capability before the date that is (E) Recommendations to improve and ac- tion of similar gains accrued to the United
three years after the date of the enactment celerate United States capabilities in emerg- States through incentive programs listed
of this Act. ing biotechnologies and the associated intel- under such subparagraph.
(2) TESTING AND INFRASTRUCTURE.—The ligence community expertise. (G) A list of findings and recommendations
strategy and plan submitted under para- (F) Such other matters as the Secretary relating to policies that can be implemented
graph (1) shall cover required investments in considers appropriate. by the United States, especially the Depart-
testing and infrastructure to address the (b) REPORT.— ment of Defense, to improve the relative ef-
need for both flight and ground testing. (1) IN GENERAL.—Not later than February 1, fectiveness of United States activities to re-
SEC. 220. DISCLOSURE REQUIREMENTS FOR RE- 2021, the Secretary shall submit to the con- cruit and retain researchers, scientists, and
CIPIENTS OF DEPARTMENT OF DE- gressional defense committees a report on other technical experts relative to China.
FENSE RESEARCH AND DEVELOP- the assessment carried out under subsection (c) REPORT.—
MENT GRANTS. (a). (1) IN GENERAL.—Not later than one year
(a) DISCLOSURE REQUIREMENTS.— (2) FORM.—The report submitted under after the date of the execution of an agree-
(1) IN GENERAL.—Chapter 139 of title 10, paragraph (1) shall be submitted in the fol- ment under subsection (a), the National
United States Code, is amended by adding at lowing formats— Academies of Sciences, Engineering, and
the end the following new section: (A) unclassified form, which may include a Medicine shall submit to the congressional
‘‘§ 2374b. Disclosure requirements for recipi- classified annex; and defense committees a report on the findings
ents of research and development grants (B) publically releasable form, rep- National Academies of Sciences, Engineer-
‘‘An individual or entity (including a State resenting appropriate information from the ing, and Medicine with respect to the review
or local government) that receives Depart- report under subparagraph (A). carried out under this section and the rec-
(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-
ment grant funds made available for the pro- AND RETAIN RESEARCHERS IN NA- SIVE MULTIPLE INPUT MULTIPLE
gram, project, or activity.’’. TIONAL SECURITY-RELATED FIELDS. OUTPUT RADIO ARRAYS FOR FIFTH
(2) CLERICAL AMENDMENT.—The table of (a) AGREEMENT.— GENERATION WIRELESS NET-
sections at the beginning of chapter 139 of (1) IN GENERAL.—The Secretary of Defense WORKING.
such title is amended by adding at the end shall seek to enter into an agreement with (a) DEMONSTRATION REQUIRED.—The Sec-
the following new item: the National Academies of Sciences, Engi- retary of Defense shall carry out a dem-
‘‘2374b. Disclosure requirements for recipi- neering, and Medicine for the National Acad- onstration to demonstrate the maturity, per-
ents of research and develop- emies of Sciences, Engineering, and Medicine formance, and cost of covered technologies
ment grants.’’. to perform the services covered by this sec- in order to provide additional options for
(b) EFFECTIVE DATE.—The amendments tion. providers of fifth-generation (5G) wireless
made by subsection (a) shall take effect on (2) TIMING.—The Secretary shall seek to networking services.
October 1, 2021, and shall apply with respect (b) COVERED TECHNOLOGIES.—For purposes
enter into the agreement described in para-
to grants for research and development that of this section, a covered technology is—
graph (1) not later than 60 days after the
are awarded by the Department of Defense (1) a disaggregated or virtualized radio ac-
date of the enactment of this Act.
on or after that date. (b) REVIEW.— cess network and core where components can
(1) IN GENERAL.—Under an agreement be- be provided by different vendors and inter-
Subtitle C—Plans, Reports, and Other operate through open protocols and inter-
Matters tween the Secretary and the National Acad-
emies of Sciences, Engineering, and Medicine faces; and
SEC. 231. ASSESSMENT ON UNITED STATES NA- (2) one or more massive multiple input and
TIONAL SECURITY EMERGING BIO- under this section, the National Academies
of Sciences, Engineering, and Medicine shall multiple output radio arrays provided by
TECHNOLOGY EFFORTS AND CAPA-
BILITIES AND COMPARISON WITH carry out a comparative analysis of efforts United States companies that have the po-
ADVERSARIES. by China and the United States Government tential to compete favorably with radios pro-
(a) ASSESSMENT AND COMPARISON RE- to recruit and retain domestic and foreign duced by foreign companies in terms of cost,
QUIRED.— researchers and develop recommendations performance, and efficiency.
(c) LOCATION.—The Secretary shall carry
(1) IN GENERAL.—The Secretary of Defense, for the Department of Defense.
out the demonstration under subsection (a)
acting through the Under Secretary of De- (2) ELEMENTS.—The comparative analysis
at at least one site where the Secretary of
fense for Research and Engineering and the carried out under paragraph (1) and the rec- Defense plans to deploy a fifth-generation
Under Secretary of Defense for Intelligence, ommendations developed under such para- wireless network.
shall conduct an assessment and direct com- graph shall include the following: (d) COORDINATION.—The Secretary shall
parison of capabilities in emerging biotech- (A) A list of the ‘‘talent programs’’ used by carry out the demonstration under sub-
nologies for national security purposes, in- China and a list of the incentive programs section (a) in coordination with at least one
cluding applications in material, manufac- used by the United States to recruit and re- major United States wireless network serv-
turing, and health, between the capabilities tain relevant researchers. ice provider.
of the United States and the capabilities of (B) The types of researchers, scientists, SEC. 234. INDEPENDENT TECHNICAL REVIEW OF
adversaries of the United States. other technical experts, and fields targeted FEDERAL COMMUNICATIONS COM-
(2) ELEMENTS.—The assessment and com- by each talent program listed under subpara- MISSION ORDER 20–48.
parison carried out under paragraph (1) shall graph (A). (a) AGREEMENT.—
include the following: (C) The number of researchers in academia, (1) IN GENERAL.—The Secretary of Defense
(A) An evaluation of the quantity, quality, the Department of Defense Science and shall seek to enter into an agreement with
and progress of United States fundamental Technology Reinvention Laboratories, and the National Academies of Sciences, Engi-
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and applied research for emerging bio- national security science and engineering neering, and Medicine for the National Acad-
technology initiatives for national security programs of the National Nuclear Security emies of Sciences, Engineering, and Medicine
purposes. Administration targeted by the talent pro- to perform the services covered by this sec-
(B) An assessment of the resourcing of grams listed under subparagraph (A). tion.
United States efforts to harness emerging (D) The number of personnel currently par- (2) TIMING.—The Secretary shall seek to
biotechnology capabilities for national secu- ticipating in the talent programs listed enter into the agreement described in para-
rity purposes, including the supporting fa- under subparagraph (A) and the number of graph (1) not later than 30 days after the
cilities, test infrastructure, and workforce. researchers currently participating in the in- date of the enactment of this Act.
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S6744 CONGRESSIONAL RECORD — SENATE November 16, 2020
(b) INDEPENDENT TECHNICAL REVIEW.— fied transition partner in such military serv- SEC. 236. MODIFICATION TO TEST RESOURCE
(1) IN GENERAL.—Under an agreement be- ices. MANAGEMENT CENTER STRATEGIC
tween the Secretary and the National Acad- (3) In consultation with the Assistant Sec- PLAN REPORTING CYCLE AND CON-
TENTS.
emies of Sciences, Engineering, and Medicine retary of Defense for Nuclear, Chemical, and
under subsection (a), the National Academies Biological Defense programs, an assessment (a) QUADRENNIAL STRATEGIC PLAN.—Sec-
of Sciences, Engineering, and Medicine shall of physical security requirements for use of tion 196 of title 10, United States Code, is
carry out an independent technical review of such reactors on domestic military installa- amended—
the Order and Authorization adopted by the tions and non-United States nondomestic in- (1) in subsections (c)(1)(C) and (e)(2)(B), by
Federal Communications Commission on stallations or locations, including fully per- inserting ‘‘quadrennial’’ before ‘‘strategic
April 19, 2020 (FCC 20–48), to the extent that missive, semi-permissive, and remote envi- plan’’; and
such order and authorization affects the de- ronments, including a preliminary design (2) in subsection (d)—
vices, operations, or activities of the Depart- basis threat analysis. (A) in the heading, by inserting ‘‘QUADREN-
ment of Defense. (4) In coordination with the Secretary of NIAL’’ before ‘‘STRATEGIC PLAN’’; and
(2) ELEMENTS.—The independent technical State— (B) by inserting ‘‘quadrennial’’ before
review carried out under paragraph (1) shall (A) an assessment of any agreements or ‘‘strategic plan’’ each place it occurs.
include the following: changes to agreements that would be re- (b) TIMING AND COVERAGE OF PLAN.—Sub-
(A) Comparison of the two different ap- quired for use of such reactors on non-United section (d)(1) of such section, as amended by
proaches on which the Commission relied for States territory; subsection (a)(2), is further amended—
the order and authorized described in para- (B) an assessment of applicability of for- (1) in the first sentence, by striking ‘‘two
graph (1) to evaluate the potential harmful eign regulations or International Atomic En- fiscal years’’ and inserting ‘‘four fiscal years,
interference concerns relating to Global Po- ergy Agency safeguards for use on non- and within one year after release of the Na-
sitioning System devices, with a rec- United States territory; and tional Defense Strategy,’’ ; and
ommendation on which method most effec- (C) other policy implications of deploy- (2) in the second sentence, by striking
tively mitigates risks of harmful inter- ment of such systems on non-United States ‘‘thirty fiscal years’’ and inserting ‘‘15 fiscal
ference with Global Positioning System de- territory. years’’.
vices of the Department, or relating to or (5) In coordination with the Chairman of (c) AMENDMENT TO CONTENTS OF PLAN.—
with the potential to affect the operations the Nuclear Regulatory Commission, a sum- Subsection (d)(2) of such section, as amended
and activities of the Department. mary of licensing requirements for operation by subsection (a)(2), is further amended—
(B) Assessment of the potential for harm- of such systems on United States territory. (1) by striking subparagraph (B);
ful interference to mobile satellite services, (6) A summary of requirements pursuant to (2) by redesignating subparagraphs (C)
including commercial services and Global the National Environmental Policy Act of through (G) as subparagraphs (B) through
Positioning System services of the Depart- 1969 (42 U.S.C. 4321 et seq.) for development (F), respectively; and
ment, or relating to or with the potential to and operation on United States territory. (3) in subparagraph (B), as redesignated by
affect the operations and activities of the (7) In consultation with the General Coun- paragraph (2), by striking ‘‘based on cur-
Department. sel of the Department of Defense, an assess- rent’’ and all that follows through the end
(C) Review of the feasibility, practicality, ment of any issues relating to indemnifica- and inserting ‘‘for test and evaluation of the
and effectiveness of the proposed mitigation tion for operation on United States or non- Department of Defense major weapon sys-
measures relating to, or with the potential United States territory and any other rel- tems based on current and emerging
to affect, the devices, operations, or activi- evant legal matters. threats.’’.
ties of the Department. (8) In coordination with the Secretary of (d) ANNUAL UPDATE TO PLAN.—Subsection
(D) Development of recommendations asso- State and the Secretary of Energy, a deter- (d) of such section is amended by adding at
ciated with the findings of the National mination of whether development, produc- the end the following new paragraph:
Academies of Sciences, Engineering, and ‘‘(5)(A) In addition to the quadrennial stra-
tion, and deployment of such systems would
Medicine in carrying out the independent tegic plan completed under paragraph (1),
require unobligated enriched uranium fuel.
technical review. the Director of the Department of Defense
(9) If the determination in paragraph (8) is
(E) Such other matters as the National Test Resource Management Center shall also
that unobligated fuel would be required, in
Academies of Sciences, Engineering, and complete an annual update to the quadren-
coordination with the Administrator for Nu-
Medicine determines relevant. nial strategic plan.
clear Security, an assessment of the avail-
(c) REPORT.— ‘‘(B) Each annual update completed under
ability of such unobligated enriched uranium
(1) IN GENERAL.—Under an agreement be- subparagraph (A) shall include the following:
fuel, by year, for the estimated life of the
tween the Secretary and the National Acad- ‘‘(i) A summary of changes to the assess-
program, considered with other United
emies of Sciences, Engineering, and Medicine ment provided in the most recent quadren-
States Government demands for such fuel,
under subsection (a), the National Academies nial strategic plan.
including tritium production, naval nuclear
of Sciences, Engineering, and Medicine shall, ‘‘(ii) Comments and recommendations the
propulsion, and medical isotope production.
not later than nine months after the date of Director considers appropriate.
(10) Any other considerations the Sec-
the execution of such agreement, the Na- ‘‘(iii) Test and evaluation challenges raised
retary determines relevant.
tional Academies of Sciences, Engineering, (c) CONSULTATION.—In addition to con- since the completion of the most recent
and Medicine shall submit to the Committee sultation and coordination required under quadrennial strategic plan.
on Armed Services of the Senate and the subsection (b), the Secretary shall, in pro- ‘‘(iv) Actions taken or planned to address
Committee on Armed Services of the House ducing the report required by subsection (a), such challenges.’’.
of Representatives a report on the findings of consult with the Secretary of the Army, the (e) TECHNICAL CORRECTION.—Subsection
the National Academies of Sciences, Engi- Chairman of the Joint Chiefs of Staff, the (d)(1) of such, as amended by subsections
neering, and Medicine with respect to the Under Secretary of Defense for Policy, the (a)(2) and (b), is further amended by striking
independent technical review carried out Director of Naval Nuclear Propulsion, and ‘‘Test Resources Management Center’’ and
under subsection (b) and the recommenda- such other officials as the Secretary con- inserting ‘‘Test Resource Management Cen-
tions developed pursuant to such review. siders necessary. ter’’.
(2) FORM.—The report submitted under (d) FORM.—The report submitted under SEC. 237. LIMITATION ON CONTRACT AWARDS
paragraph (1) shall be submitted in a pub- subsection (a) shall be submitted in unclassi- FOR CERTAIN UNMANNED VESSELS.
licly releasable and unclassified formats, but fied form, but may include a classified (a) LIMITATION.—None of the funds author-
may include a classified annex. annex. ized to be appropriated for fiscal year 2021 by
SEC. 235. REPORT ON MICRO NUCLEAR REACTOR (e) DEFINITIONS.—In this section: section 201 for research, development, test,
PROGRAMS. (1) The term ‘‘appropriate congressional and evaluation may be used for the award of
(a) REPORT REQUIRED.—The Secretary of committees’’ means— a contract for a covered vessel until the date
Defense shall submit to the appropriate con- (A) the Committee on Armed Services, the that is 30 days after the date on which the
gressional committees a report on the micro Committee on Appropriations, the Com- Under Secretary of Defense for Research and
nuclear reactor programs of the Department mittee on Energy and Natural Resources, the Engineering submits to the congressional de-
of Defense. Committee on Environment and Public fense committees a report and certification
(b) CONTENTS.—The report required by sub- Works, and the Committee on Foreign Rela- described in subsection (c) for such contract
section (a) shall include the following: tions of the Senate; and and covered vessel.
(1) Potential operational uses on United (B) the Committee on Armed Services, the (b) COVERED VESSELS.—For purposes of this
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States and non-United States territory, in- Committee on Appropriations, the Com- section, a covered vessel is one of the fol-
cluding both mobile and fixed systems. mittee on Energy and Commerce, the Com- lowing:
(2) Cost and schedule estimates for each mittee on Natural Resources, and the Com- (1) A large unmanned surface vessel
new or ongoing program to reach initial mittee on Foreign Affairs of the House of (LUSV).
operational capability, including the Representatives. (2) A medium unmanned surface vehicle
timeline for transition of any program cur- (2) The term ‘‘micro nuclear (MUSV).
rently funded using defense-wide funds to reactor’’means a nuclear reactor with a pro- (3) A large displacement unmanned under-
one or more military services and the identi- duction capacity of less than 20 megawatts. sea vehicle (LDUUV).
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November 16, 2020 CONGRESSIONAL RECORD — SENATE S6745
(4) An extra-large unmanned undersea ve- the date that is 30 days after the date on ation and maintenance, as specified in the
hicle (XLUUV). which the Secretary of the Air Force sub- funding table in section 4301.
(c) REPORT AND CERTIFICATION DE- mits to the congressional defense commit- Subtitle B—Energy and Environment
SCRIBED.—A report and certification de- tees the documentation required by sub- SEC. 311. MODIFICATIONS AND TECHNICAL COR-
scribed in this subsection regarding a con- section (a) and the Vice Chairman of the RECTIONS TO ENSURE RESTORA-
tract for a covered vessel is— Vice Chairman of the Joint Chiefs certifies TION OF CONTAMINATION BY
(1) a report— the documentation. PERFLUOROOCTANE SULFONATE
(A) submitted to the congressional defense (c) ADVANCED BATTLE MANAGEMENT SYS- AND PERFLUOROOCTANOIC ACID.
committees not later than 60 days after the TEM.—In this section, the term ‘‘Advanced (a) DEFINITION FOR PFOA AND PFOS.—Sec-
date of the completion of an independent Battle Management System’’ means the Ad- tion 2700 of title 10, United States Code, is
technical risk assessment for such covered vanced Battle Management System of Sys- amended by adding at the end the following
vessel; and tems capability of the Air Force, including new paragraphs:
(B) on the findings of the Under Secretary each program, project, and activity that con- ‘‘(4) The term ‘perfluorooctane sulfonate’
with respect to such assessment; and tributes to such capability. means perfluorooctane sulfonic acid or
(2) a certification, submitted to the con- SEC. 239. ARMED SERVICES VOCATIONAL APTI- sulfonate (commonly referred to as ‘PFOS’)
gressional defense committees with the re- TUDE BATTERY TEST SPECIAL PUR- (Chemical Abstracts Service No. 1763–23–1)
port described in paragraph (1), that certifies POSE ADJUNCT TO ADDRESS COM- and the salts associated with
that— PUTATIONAL THINKING. perfluorooctane sulfonic acid or sulfonate
(A) the Under Secretary has determined, in Not later than one year after the date of (Chemical Abstracts Service Nos. 2795–39–3,
conjunction with the Senior Technical Au- the enactment of this Act, the Secretary of 29457–72–5, 56773–42–3, 29081–56–9, and 70225–14–
thority designated under section 8669b(a)(1) Defense shall establish a special purpose test 8).
of title 10, United States Code, for the class adjunct to the Armed Services Vocational ‘‘(5) The term ‘perfluorooctanoic acid’
of naval vessels that includes the covered Aptitude Battery test to address computa- means perfluorooctanoic acid (commonly re-
vessel, that the critical mission, hull, me- tional thinking skills relevant to military ferred to as ‘PFOA’) (Chemical Abstracts
chanical, and electrical subsystems of the applications, including problem decomposi- Service No. 335–67–1) and the salts associated
covered vessel— tion, abstraction, pattern recognition, ana- with perfluorooctanoic acid (Chemical Ab-
(i) have been demonstrated in vessel-rep- lytical ability, the identification of variables stracts Service Nos. 3825–26–1, 335–95–5, and
resentative form, fit, and function; and involved in data representation, and the abil- 68141–02–6).’’.
(ii) have achieved performance levels equal ity to create algorithms and solution expres- (b) MODIFICATION OF ENVIRONMENTAL RES-
to or greater than applicable Department of sions. TORATION ACCOUNTS.—Section 2703 of such
Defense threshold requirements for such SEC. 240. REPORT ON USE OF TESTING FACILI- title is amended—
class of vessels; and TIES TO RESEARCH AND DEVELOP (1) in subsection (e)(2), by striking ‘‘envi-
(B) such contract is necessary to meet De- HYPERSONIC TECHNOLOGY. ronmental’’;
partment research, development, test, and Not later than 180 days after the date of (2) in subsection (f), by striking ‘‘to the
evaluation objectives for such covered vessel the enactment of this Act, the Secretary of Environmental Restoration Account, De-
that cannot otherwise be met through fur- Defense shall submit to the congressional de- fense, or to any environmental restoration
ther land-based subsystem prototyping or fense committees a report on the costs and account of a military department,’’ and in-
other demonstration approaches. benefits of the use and potential refurbish- serting ‘‘or transferred to an account estab-
(d) CRITICAL MISSION, HULL, MECHANICAL, ment of existing operating and mothballed lished under subsection (a)’’;
AND ELECTRICAL SUBSYSTEMS DEFINED.—In Federal research and testing facilities to (3) by striking subsection (g) and inserting
this section, the term ‘‘critical mission, hull, support hypersonics activities of the Depart- the following:
mechanical, and electrical subsystems’’, ment of Defense. ‘‘(g) SOLE SOURCE OF FUNDS FOR RESPONSES
with respect to a covered vessel, includes the SEC. 241. STUDY AND PLAN ON THE USE OF ADDI- UNDER THIS CHAPTER.—Except as provided in
following subsystems: TIVE MANUFACTURING AND THREE- subsection (h), the sole source of funds for all
(1) Command, control, communications, DIMENSIONAL BIOPRINTING IN SUP- phases of a response under this chapter shall
PORT OF THE WARFIGHTER.
computers, intelligence, surveillance, and re- be the applicable environmental restoration
connaissance. (a) STUDY.—The Secretary of Defense shall account established under subsection (a).’’;
(2) Autonomous vessel navigation, vessel conduct a study on the use of additive manu- and
control, contact management, and contact facturing and three-dimensional bioprinting (4) in subsection (h)—
avoidance. across the Military Health System. (A) in the subsection heading, by striking
(3) Communications security, including (b) ELEMENTS.—The study required by sub- ‘‘ENVIRONMENTAL REMEDIATION’’ and insert-
cryptopgraphy, encryption, and decryption. section (a) shall examine the activities cur- ing ‘‘RESPONSES’’; and
(4) Main engines, including the lube oil, rently underway by each of the military (B) by striking ‘‘services procured under
fuel oil, and other supporting systems. services and the Department agencies, in- section 2701(d)(1) of this title’’ and inserting
(5) Electrical generation and distribution, cluding costs, sources of funding, oversight, ‘‘a response’’.
including supporting systems. collaboration, and outcomes. (c) MODIFICATION OF AUTHORITY FOR ENVI-
(c) REPORT.—Not later than 180 days after RONMENTAL RESTORATION PROJECTS OF NA-
(6) Military payloads.
the date of the enactment of this Act, the TIONAL GUARD.—
(7) Any other subsystem identified as crit-
Secretary of Defense shall submit to the (1) IN GENERAL.—Section 2707(e) of such
ical by the Senior Technical Authority des-
Committee on Armed Services of the Senate title is amended—
ignated under section 8669b(a)(1) of title 10,
and the Committee on Armed Services of the (A) by striking ‘‘Notwithstanding’’ and in-
United States Code, for the class of naval
House of Representatives a report on the re- serting ‘‘(1) Notwithstanding’’;
vessels that includes the covered vessel.
sults of the study conducted under sub- (B) by inserting ‘‘where military activities
SEC. 238. DOCUMENTATION RELATING TO THE
ADVANCED BATTLE MANAGEMENT section (a). are conducted by the National Guard of a
SYSTEM. SEC. 242. ELEMENT IN ANNUAL REPORTS ON State under title 32’’ after ‘‘facility’’; and
(a) DOCUMENTATION REQUIRED.—Imme- CYBER SCIENCE AND TECHNOLOGY
(C) by adding at the end the following new
ACTIVITIES ON WORK WITH ACA-
diately upon the enactment of this Act, the DEMIC CONSORTIA ON HIGH PRI- paragraph:
Secretary of the Air Force shall submit to ORITY CYBERSECURITY RESEARCH ‘‘(2) The Secretary concerned may use the
the congressional defense committees the ACTIVITIES IN DEPARTMENT OF DE- authority under section 2701(d) of this title
following documentation relating to the Ad- FENSE CAPABILITIES. to carry out environmental restoration
vanced Battle Management System: Section 257(b)(2) of the National Defense projects under paragraph (1).’’.
(1) A list that identifies each program, Authorization Act for Fiscal Year 2020 (Pub- (2) CORRECTION OF DEFINITION OF FACIL-
project, and activity that contributes to the lic Law 116–92; 133 Sta. 1291) is amended by ITY.—Paragraph (2) of section 2700 of such
architecture of the Advanced Battle Manage- adding at end the following new subpara- title is amended—
ment System. graph: (A) in subparagraph (A), by striking ‘‘(A)
(2) The final analysis of alternatives for ‘‘(J) Efforts to work with academic con- The terms’’ and inserting ‘‘The terms’’; and
the Advanced Battle Management System. sortia on high priority cybersecurity re- (B) by striking subparagraph (B).
(3) The requirements for the networked search activities.’’. (d) EXTENSION OF CONTRACT AUTHORITY.—
data architecture necessary for the Ad- Section 2708(b) of such title is amended—
TITLE III—OPERATION AND
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vanced Battle Management System to pro- (1) in paragraph (1), by striking ‘‘fiscal
MAINTENANCE
vide multidomain command and control and years 1992 through 1996’’ and inserting ‘‘a pe-
battle management capabilities and a devel- Subtitle A—Authorization of Appropriations riod specified in paragraph (3)’’; and
opment schedule for such architecture. SEC. 301. AUTHORIZATION OF APPROPRIATIONS. (2) by adding at the end the following new
(b) LIMITATION.—Of the funds authorized to Funds are hereby authorized to be appro- paragraph:
be appropriated by this Act for fiscal year priated for fiscal year 2021 for the use of the ‘‘(3) A period specified in this paragraph
2021 for operations and maintenance for the Armed Forces and other activities and agen- is—
Office of the Secretary of the Air Force, not cies of the Department of Defense for ex- ‘‘(A) the period of fiscal years 1992 through
more than 25 percent may be obligated until penses, not otherwise provided for, for oper- 1996; or
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S6746 CONGRESSIONAL RECORD — SENATE November 16, 2020
‘‘(B) on or after the date of the enactment apply to any agreement entered into under to maintain, improve, or rapidly reestablish
of the National Defense Authorization Act section 2684a of title 10, United States Code, installation mission assurance and mission-
for Fiscal Year 2021.’’. on or after December 2, 2002. essential functions.
(e) TECHNICAL CONSISTENCY FOR MUNITIONS SEC. 313. SURVEY AND MARKET RESEARCH OF ‘‘(e) ALTERNATIVE FUNDING SOURCE.—(1) In
RESPONSE.— TECHNOLOGIES FOR PHASE OUT BY carrying out a project under this section, the
(1) PROGRAM GOALS.—Section 2701(b)(2) of DEPARTMENT OF DEFENSE OF USE Secretary concerned may use amounts avail-
such title is amended by striking ‘‘of OF FLUORINATED AQUEOUS FILM- able for operation and maintenance for the
FORMING FOAM.
unexploded ordnance’’ and inserting ‘‘of military department concerned if the Sec-
unexploded ordnance, discarded military mu- (a) SURVEY OF TECHNOLOGIES AND MARKET
retary concerned submits a notification to
RESEARCH.—
nitions, and munitions constituents in a the congressional defense committees of the
(1) IN GENERAL.—The Secretary of Defense
manner consistent with section 2710 of this decision to carry out the project using such
shall conduct a survey and market research
title’’. amounts and includes in the notification—
of relevant technologies, other than fire-
(2) ENVIRONMENTAL RESTORATION AC- ‘‘(A) the current estimate of the cost of the
fighting agent solutions, to determine
COUNTS.—Section 2703(b) of such title is project;
whether any such technologies are available
amended by striking the second sentence and ‘‘(B) the source of funds for the project;
and can be adapted quickly for use by the
inserting the following new sentence: ‘‘Such and
Department of Defense to execute the phase-
remediation shall be conducted in a manner ‘‘(C) a certification that deferral of the
out by the Department of the use of
consistent with section 2710 of this title.’’. project for inclusion in the next Military
fluorinated aqueous film-forming foam.
(3) TRANSFER OF DEFINITIONS.— Construction Authorization Act would be in-
(2) TECHNOLOGIES INCLUDED.—The tech-
(A) TRANSFER.—Paragraphs (2) and (3) of nologies surveyed or researched under para- consistent with national security or the pro-
section 2710(e) of such title are— graph (1) shall include the following: tection of health, safety, or environmental
(i) transferred to section 2700 of such title; (A) Hangar flooring systems. quality, as the case may be.
(ii) added at the end of such section; and (B) Liquid drainage flood assemblies. ‘‘(2) A project carried out under this sec-
(iii) redesignated as paragraphs (6) and (7), (C) Fire-fighting agent delivery systems. tion using amounts under paragraph (1) may
respectively. (D) Containment systems. be carried out only after the end of the 7-day
(B) REDESIGNATION OF DEFINITIONS.—Sec- (E) Such other relevant technologies as the period beginning on the date on which a copy
tion 2710(e) of such title is amended by redes- Secretary determines appropriate. of the notification described in paragraph (1)
ignating paragraphs (4) through (7) as para- (b) BRIEFING.— is provided in an electronic medium pursu-
graphs (2) through (5), respectively. (1) IN GENERAL.—Not later than 180 days ant to section 480 of this title.
(4) CONFORMING AMENDMENTS.—Section after the date of the enactment of this Act, ‘‘(3) The maximum aggregate amount that
313(d) of the John Warner National Defense the Secretary shall brief the congressional the Secretary concerned may obligate from
Authorization Act for Fiscal Year 2007 (Pub- defense committees on the results of the sur- amounts available to the military depart-
lic Law 109–364; 10 U.S.C. 2710 note) is amend- vey and market research conducted under ment concerned for operation and mainte-
ed— subsection (a). nance in any fiscal year for projects under
(A) in paragraph (2)— (2) ELEMENTS OF BRIEFING.—The briefing the authority of this subsection is
(i) by striking ‘‘ ‘discarded military muni- required under paragraph (1) shall include $100,000,000.’’.
tions’, ‘munitions constituents’, and ‘defense the following: (b) CONSIDERATION OF MILITARY INSTALLA-
sites’ ’’ and inserting ‘‘ ‘discarded military (A) A description of the technologies sur- TION RESILIENCE IN AGREEMENTS AND INTER-
munitions’ and ‘munitions constituents’ ’’; veyed and researched under subsection (a). AGENCY COOPERATION.—Section 2684a of such
and (B) An identification of any such tech- title is amended—
(ii) by striking ‘‘section 2710(e)’’ and in- nologies that were considered for further (1) in subsection (a)—
serting ‘‘section 2700’’; and testing or analysis. (A) in paragraph (2)(B)—
(B) by adding at the end the following new (C) An identification of any other tech- (i) by striking clause (ii); and
paragraph: nologies useful for the phase-out by the De- (ii) in clause (i)—
‘‘(3) The term ‘defense site’ has the mean- partment of the use of fluorinated aqueous (I) by striking ‘‘(i)’’; and
ing given such term in section 2710(e) of such film-forming foam that are undergoing addi- (II) by striking ‘‘; or’’ and inserting a semi-
title.’’. tional analysis for possible application with- colon;
(f) TECHNICAL CORRECTION REGARDING CO- in the Department. (B) by redesignating paragraph (3) as para-
OPERATIVE AGREEMENTS.—Section 332(a)(2) of SEC. 314.MODIFICATION OF AUTHORITY TO graph (4); and
the National Defense Authorization Act for CARRY OUT MILITARY INSTALLA- (C) by inserting after paragraph (2) the fol-
Fiscal Year 2020 (Public Law 116–92) is TION RESILIENCE PROJECTS. lowing new paragraph (3):
amended, in the matter preceding subpara- (a) MODIFICATION OF AUTHORITY.—Section ‘‘(3) maintaining or improving military in-
graph (A), by striking ‘‘shall meet or exceed 2815 of title 10, United States Code is amend- stallation resilience; or’’; and
the most stringent of the following’’ and in- ed— (2) by amending subsection (h) to read as
serting ‘‘relating to a response shall reflect (1) in subsection (a), by inserting ‘‘(except follows:
application to the response of the most pro- as provided in subsections (d)(3) and (e))’’ be- ‘‘(h) INTERAGENCY COOPERATION IN CON-
tective of the following’’. fore the period at the end; SERVATION AND RESILIENCE PROGRAMS TO
SEC. 312. READINESS AND ENVIRONMENTAL PRO- (2) in subsection (c), by striking ‘‘A AVOID OR REDUCE ADVERSE IMPACTS ON MILI-
TECTION INTEGRATION PROGRAM project’’ and inserting ‘‘Except as provided TARY INSTALLATION RESILIENCE AND MILITARY
TECHNICAL EDITS AND CLARIFICA- in subsection (e)(2), a project’’; READINESS ACTIVITIES.—In order to facilitate
TION. (3) by redesignating subsection (d) as sub- interagency cooperation and enhance the ef-
(a) USE OF FUNDS.—Section 2684a(i) of title section (f); and fectiveness of actions that will protect the
10, United States Code, is amended by adding (4) by inserting after subsection (c) the fol- environment, military installation resil-
at the end the following new paragraph: lowing new subsections: ience, and military readiness, the recipient
‘‘(3) Funds obligated to carry out an agree- ‘‘(d) LOCATION OF PROJECTS.—Projects car- of funds provided pursuant to an agreement
ment under this section shall be available for ried out pursuant to this section may be car- under this section or under the Sikes Act (16
use with regard to any property in the geo- ried out—
U.S.C. 670 et seq.) may, with regard to the
graphic scope specified in the agreement— ‘‘(1) on a military installation;
lands and waters within the scope of the
‘‘(A) at the time the funds are obligated; ‘‘(2) on a facility used by the Department
agreement, use such funds to satisfy any
and of Defense that is owned and operated by a
matching funds or cost-sharing requirement
‘‘(B) in any subsequent modification to the State, the District of Columbia, the Com-
of any conservation or resilience program of
agreement.’’. monwealth of Puerto Rico, American Samoa,
any Federal agency notwithstanding any
(b) CLARIFICATION OF REFERENCES TO ELIGI- Guam, the Commonwealth of the Northern
limitation of such program on the source of
BLE ENTITIES.— Mariana Islands, or the Virgin Islands, even
matching or cost-sharing funds.’’.
(1) DEFINITION.—Subsection (b) of section if the facility is not under the jurisdiction of
SEC. 315. NATIVE AMERICAN INDIAN LANDS ENVI-
2684a of title 10, United States Code, is the Department of Defense, if the Secretary
RONMENTAL MITIGATION PROGRAM.
amended, in the matter preceding paragraph of Defense determines that the facility is
(1), by striking ‘‘An agreement under this subject to significant use by the armed (a) IN GENERAL.—Chapter 160 of title 10,
section may be entered into with’’ and in- forces for testing or training; or United States Code, is amended by adding at
serting ‘‘For purposes of this section, an eli- ‘‘(3) outside of a military installation or fa- the end the following new section:
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gible entity is’’. cility described in paragraph (2) if the Sec- ‘‘§ 2712. Native American lands environmental
(2) ACQUISITION OF PROPERTY AND INTER- retary concerned determines that the project mitigation program
ESTS.—Subsection (d)(1) of such section is would preserve or enhance the resilience of— ‘‘(a) ESTABLISHMENT.—The Secretary of De-
amended by striking ‘‘the entity or entities’’ ‘‘(A) a military installation; fense may establish and carry out a program
each place it appears and inserting ‘‘an eligi- ‘‘(B) a facility described in paragraph (2); to mitigate the environmental effects of ac-
ble entity or entities’’. or tions by the Department of Defense on In-
(3) RETROACTIVE APPLICATION.—The amend- ‘‘(C) community infrastructure determined dian lands and culturally connected loca-
ments made by paragraphs (1) and (2) shall by the Secretary concerned to be necessary tions.
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November 16, 2020 CONGRESSIONAL RECORD — SENATE S6747
‘‘(b) PROGRAM ACTIVITIES.—The activities SEC. 316. ENERGY RESILIENCE AND ENERGY SE- to evaluate the ability of the installation to
that may be carried out under the program CURITY MEASURES ON MILITARY IN- perform critical missions without access to
established under subsection (a) are the fol- STALLATIONS.
off-installation energy resources.
lowing: (a) IN GENERAL.—Subchapter I of chapter ‘‘(B) A black start exercise conducted
‘‘(1) Identification, investigation, and doc- 173 of title 10, United States Code, is amend- under subparagraph (A) may exclude, if tech-
umentation of suspected environmental ef- ed by inserting after section 2919 the fol- nically feasible, housing areas, com-
fects attributable to past actions by the De- lowing new section: missaries, exchanges, and morale, welfare,
partment of Defense. ‘‘§ 2920. Energy resilience and energy security and recreation facilities.
‘‘(2) Development of mitigation options for measures on military installations ‘‘(C) The Secretary of Defense shall—
such environmental effects, including devel- ‘‘(i) provide uniform policy for the military
‘‘(a) ENERGY RESILIENCE MEASURES.—(1)
opment of cost-to-complete estimates and a departments and the Defense Agencies with
The Secretary of Defense shall, by the end of
system for prioritizing mitigation actions. respect to conducting black start exercises;
fiscal year 2030, provide that 100 percent of
‘‘(3) Direct mitigation actions that the and
the energy load required to maintain the
Secretary determines are necessary and ap- ‘‘(ii) establish a schedule of black start ex-
critical missions of each installation have a
propriate to mitigate the adverse environ- ercises for the military departments and the
minimum level of availability of 99.9 percent
mental effects of past actions by the Depart- Defense Agencies, with each military depart-
per fiscal year.
ment. ment and Defense Agency scheduled to con-
‘‘(2) The Secretary of Defense shall issue
‘‘(4) Demolition and removal of unsafe duct such an exercise on a number of instal-
standards establishing levels of availability
buildings and structures used by, under the lations each year sufficient to allow that
relative to specific critical missions, with
jurisdiction of, or formerly used by or under military department or Defense Agency to
such standards providing a range of not less
the jurisdiction of the Department. meet the goals of this section, but in any
than 99.9 percent availability per fiscal year
‘‘(5) Training, technical assistance, and ad- event not fewer than five installations each
and not more than 99.9999 percent avail-
ministrative support to facilitate the mean- year for each military department through
ability per fiscal year, depending on the
ingful participation of Indian tribes in miti- fiscal year 2027.
criticality of the mission.
gation actions under the program. ‘‘(D)(i) Except as provided in clause (ii),
‘‘(3) The Secretary may establish interim
‘‘(6) Development and execution of a policy the Secretary of each military department
goals to take effect prior to fiscal year 2025
governing consultation with Indian tribes shall, notwithstanding any other provision
to ensure the requirements under this sub-
that have been or may be affected by action of law, conduct black start exercises in ac-
section are met.
by the Department, including training per- cordance with the schedule provided for in
‘‘(4) The Secretary of each military depart-
sonnel of the Department to ensure compli- subparagraph (C)(ii), with any such exercise
ment and the head of each Defense Agency
ance with the policy. not to last longer than five days.
shall ensure that their organizations meet ‘‘(ii) The Secretary of a military depart-
‘‘(c) COOPERATIVE AGREEMENTS.—(1) In car- the requirements of this subsection.
rying out the program established under sub- ment may conduct more black start exer-
‘‘(b) PLANNING.—(1) The Secretary of De- cises than those identified in the schedule
section (a), the Secretary of Defense may fense shall require the Secretary of each
enter into a cooperative agreement with an provided for in subparagraph (C)(ii).
military department and the head of each ‘‘(e) CONTRACT REQUIREMENTS.—For con-
Indian tribe or an instrumentality of tribal
Defense Agency to plan for the provision of tracts for energy and utility services, the
government.
energy resilience and energy security for in- Secretary of Defense shall—
‘‘(2) Notwithstanding chapter 63 of title 31,
a cooperative agreement under this section stallations. ‘‘(1) specify methods and processes to
may be used to acquire property or services ‘‘(2) Planning under paragraph (1) shall— measure, manage, and verify compliance
for the direct benefit of the United States ‘‘(A) promote the use of multiple and di- with subsection (a); and
Government. verse sources of energy, with an emphasis fa- ‘‘(2) ensure that such contracts include re-
‘‘(3) A cooperative agreement under this voring energy resources originating on the quirements appropriate to ensure energy re-
section for the procurement of severable installation such as modular generation; silience and energy security, including re-
services may begin in one fiscal year and end ‘‘(B) promote installing microgrids to en- quirements for metering to measure, man-
in another fiscal year only if the total period sure the energy security and energy resil- age, and verify energy consumption, avail-
of performance does not exceed two calendar ience of critical missions; and ability, and reliability consistent with this
years. ‘‘(C) favor the use of full-time, installed section and the energy resilience metrics
‘‘(d) DEFINITIONS.—In this section: energy sources rather than emergency gen- and standards under section 2911(b) of this
‘‘(1) The term ‘Indian land’ includes— eration. title.
‘‘(A) any land located within the bound- ‘‘(c) DEVELOPMENT OF INFORMATION.—The ‘‘(f) EXCEPTION.—This section does not
aries and a part of an Indian reservation, planning required by subsection (b) shall apply to fuels used in aircraft, vessels, or
pueblo, or rancheria; identify each of the following for each instal- motor vehicles.
‘‘(B) any land that has been allotted to an lation: ‘‘(g) REPORT.—If by the end of fiscal year
individual Indian but has not been conveyed ‘‘(1) The critical missions of the installa- 2029, the Secretary determines that the De-
to such Indian with full power of alienation; tion. partment will be unable to meet the require-
‘‘(C) Alaska Native village and regional ‘‘(2) The energy requirements of those crit- ments under subsection (a), not later than 90
corporation lands; and ical missions. days after the end of such fiscal year, the
‘‘(D) lands and waters upon which any Fed- ‘‘(3) The duration that those energy re- Secretary shall submit to the Committees on
erally recognized Indian tribe has rights re- quirements are likely to be needed in the Armed Services of the Senate and House of
served by treaty, act of Congress, or action event of a disruption or emergency. Representatives a report detailing—
by the President. ‘‘(4) The current source of energy provided ‘‘(1) the projected shortfall;
‘‘(2) The term ‘Indian Tribe’ means any In- to those critical missions. ‘‘(2) reasons for the projected shortfall;
dian Tribe, band, nation, or other organized ‘‘(5) The duration that the currently pro- ‘‘(3) any statutory, technological, or mone-
group or community, including any Native vided energy would likely be available in the tary impediments to achieving such require-
village, Regional Corporation, or Village event of a disruption or emergency. ments;
Corporation (as defined in section 3 of the ‘‘(6) Any currently available sources of en- ‘‘(4) any impact to readiness or ability to
Alaska Native Claims Settlement Act (43 ergy that would provide uninterrupted en- meet the national defense posture; and
U.S.C. 1602)), that is recognized as eligible ergy to critical missions in the event of a ‘‘(5) any other relevant information as the
for the special programs and services pro- disruption or emergency. Secretary considers appropriate.
vided by the United States to Indians be- ‘‘(7) Alternative sources of energy that ‘‘(h) DEFINITIONS.—In this section:
cause of their status as Indians. could be developed to provide uninterrupted ‘‘(1) The term ‘availability’ means the
‘‘(3) The term ‘culturally connected loca- energy to critical missions in the event of a availability of required energy at a stated in-
tion’ means a location or place that has de- disruption or emergency. stant of time or over a stated period of time
monstrable significance to Indians or Alaska ‘‘(d) TESTING AND MEASURING.—(1)(A) The for a specific purpose.
Natives based on its association with the Secretary of Defense shall require the Sec- ‘‘(2) The term ‘black start exercise’ means
traditional beliefs, customs, and practices of retary of each military department and head an exercise in which delivery of energy pro-
a living community, including locations or of each Defense Agency to conduct moni- vided from off an installation is terminated
places where religious, ceremonial, subsist- toring, measuring, and testing to provide the before backup generation assets on the in-
data necessary to comply with this section. stallation are turned on. Such an exercise
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ence, medicinal, economic, or other lifeways
practices have historically taken place.’’. ‘‘(B) Any data provided under subpara- shall—
(b) CLERICAL AMENDMENT.—The table of graph (A) shall be made available to the As- ‘‘(A) determine the ability of the backup
sections at the beginning of chapter 160 of sistant Secretary of Defense for Sustainment systems to start independently, transfer the
such title is amended by inserting after the upon request. load, and carry the load until energy from
item relating to section 2711 the following ‘‘(2)(A) The Secretary of Defense shall re- off the installation is restored;
new item: quire that black start exercises be conducted ‘‘(B) align organizations with critical mis-
‘‘2712. Native American lands environmental to assess the energy resilience and energy se- sions to coordinate in meeting critical mis-
mitigation program.’’. curity of installations for periods established sion requirements;
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S6748 CONGRESSIONAL RECORD — SENATE November 16, 2020
‘‘(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
scales to promote energy resiliency; and WHERE TACTICAL FIGHTER AIR-
‘‘(D) identify infrastructure interdepend-
CRAFT OPERATE.
encies; and (B) to help new, innovative long-duration
‘‘(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
facilities, airfields and supporting infra- Joint Program, the Director and the Direc- FROM THE TIJUANA RIVER ON PER-
structure, harbor facilities supporting naval tor of ARPA–E shall— SONNEL, ACTIVITIES, AND INSTAL-
(A) use existing test-bed infrastructure LATIONS OF DEPARTMENT OF DE-
vessels, munitions production and storage fa- FENSE.
cilities, missile fields, radars, satellite con- at—
trol facilities, cyber operations facilities, (i) installations of the Department of De- (a) STUDY.—
space launch facilities, operational commu- fense; and (1) IN GENERAL.—Not later than 90 days
nications facilities, and biological defense fa- (ii) facilities of the Department of Energy; after the date of the enactment of this Act,
cilities; and and the Secretary of Defense, in coordination
‘‘(C) does not include military housing (in- (B) develop new infrastructure for identi- with the Administrator of the Environ-
cluding privatized military housing), morale, fied projects, if appropriate. mental Protection Agency, the Secretary of
welfare, and recreation facilities, exchanges, (4) GOALS AND METRICS.—The Director and State, and the United States Commissioner
commissaries, or privately owned facilities. the Director of ARPA–E shall develop goals of the International Boundary and Water
‘‘(4) The term ‘energy’ means electricity, and metrics for technological progress under Commission, shall commission an inde-
natural gas, steam, chilled water, and heated the Joint Program consistent with energy pendent scientific study of the impacts of
water. resilience and energy security policies. transboundary flows, spills, or discharges of
‘‘(5) The term ‘installation’ has the mean- (5) SELECTION OF PROJECTS.— pollution or debris from the Tijuana River
ing given the term ‘military installation’ in (A) IN GENERAL.—To the maximum extent on the personnel, activities, and installa-
section 2801(c)(4) of this title.’’. practicable, in selecting projects to partici- tions of the Department of Defense.
(b) CLERICAL AMENDMENT.—The table of pate in the Joint Program, the Director and (2) ELEMENTS.—The study required by para-
sections at the beginning of subchapter I of the Director of ARPA–E shall— graph (1) shall address the short-term, long-
chapter 173 of such title is amended by in- (i) ensure that projects are carried out term, primary, and secondary impacts of
serting after the item relating to section 2919 under conditions that represent a variety of transboundary flows, spills, or discharges of
the following new item: environments with different physical condi- pollution or debris from the Tijuana River
‘‘2920. Energy resilience and energy security tions and market constraints; and and include recommendations to mitigate
measures on military installa- (ii) ensure an appropriate balance of— such impacts.
tions.’’. (I) larger, higher-cost projects; and (b) REPORT.—Not later than 180 days after
SEC. 317. MODIFICATION TO AVAILABILITY OF (II) smaller, lower-cost projects. the date of the enactment of this Act, the
ENERGY COST SAVINGS FOR DE- (B) PRIORITY.—In carrying out the Joint Secretary of Defense shall submit to the ap-
PARTMENT OF DEFENSE. Program, the Director and the Director of propriate committees of Congress a report
Section 2912(a) of title 10, United States ARPA–E shall give priority to demonstra- containing the results of the study under
Code, is amended by inserting ‘‘and, in the tion projects that— subsection (a), including all findings and rec-
case of operational energy, from both train- (i) make available to the public project in- ommendations resulting from the study.
ing and operational missions,’’ after ‘‘under formation that will accelerate deployment of (c) APPROPRIATE COMMITTEES OF CONGRESS
section 2913 of this title,’’. long-duration energy storage technologies DEFINED.—In this section, the term ‘‘appro-
SEC. 318. LONG-DURATION DEMONSTRATION INI- that promote energy resiliency; and
TIATIVE AND JOINT PROGRAM. priate committees of Congress’’ means—
(ii) will be carried out in the field. (1) the Committee on Armed Services, the
(a) DEFINITIONS.—In this section: SEC. 319. PILOT PROGRAM ON ALTERNATIVE
(1) DIRECTOR.—The term ‘‘Director’’ means Committee on Environment and Public
FUEL VEHICLE PURCHASING.
the Director of the Environmental Security Works, and the Committee on Foreign Rela-
(a) IN GENERAL.—The Secretary of Defense, tions of the Senate; and
Technology Certification Program of the De- in coordination with the Secretary of Energy
partment of Defense. (2) the Committee on Armed Services, the
and the Administrator of the General Serv- Committee on Transportation and Infra-
(2) DIRECTOR OF ARPA–E.—The term ‘‘Direc- ices Administration, shall carry out a pilot
tor of ARPA–E’’ means the Director of the structure, and the Committee on Foreign Af-
program under which the Secretary of De-
Advanced Research Projects Agency—En- fairs of the House of Representatives.
fense may, notwithstanding section 400AA of
ergy. the Energy Policy and Conservation Act (42 SEC. 322. INCREASE IN FUNDING FOR STUDY BY
(3) INITIATIVE.—The term ‘‘Initiative’’ U.S.C. 6374), purchase new alternative fuel CENTERS FOR DISEASE CONTROL
means the demonstration initiative estab- vehicles for which the initial cost of such ve- AND PREVENTION RELATING TO
PERFLUOROALKYL AND
lished under subsection (b). hicles exceeds the initial cost of a com- POLYFLUOROALKYL SUBSTANCE
(4) JOINT PROGRAM.—The term ‘‘Joint Pro- parable gasoline or diesel fueled vehicle by CONTAMINATION IN DRINKING
gram’’ means the joint program established not more than 10 percent. WATER.
under subsection (d). (b) LOCATIONS.—
(b) ESTABLISHMENT OF INITIATIVE.—Not (1) IN GENERAL.—The Secretary of Defense (a) IN GENERAL.—
later than 180 days after the date of enact- shall carry out the pilot program under sub- (1) INCREASE.—The amount authorized to
ment of this Act, the Director shall establish section (a) at not fewer than 2 facilities or be appropriated by this Act for fiscal year
a demonstration initiative composed of dem- installations of the Department of Defense in 2021 for Operation and Maintenance, Defense
onstration projects focused on the develop- the continental United States that— Wide for SAG 4GTN for the study by the Cen-
ment of long-duration energy storage tech- (A) have the largest total number of at- ters for Disease Control and Prevention
nologies. tached noncombat vehicles as compared to under section 316(a)(2)(B)(ii) of the National
(c) SELECTION OF PROJECTS.—To the max- other facilities or installations of the De- Defense Authorization Act for Fiscal Year
imum extent practicable, in selecting dem- partment of Defense; and 2018 (Public Law 115–91; 131 Stat. 1350) is
onstration projects to participate in the Ini- (B) are located within 20 miles of public or hereby increased by $5,000,000.
tiative, the Director shall— private refueling or recharging stations. (2) OFFSET.—The amount authorized to be
(1) ensure a range of technology types; (2) AIR FORCE LOGISTICS CENTER.—One of appropriated by this Act for fiscal year 2021
(2) ensure regional diversity among the facilities or installations selected under for Operation and Maintenance, Army for
projects; and paragraph (1) shall be an Air Force Logistics SAG 421, Servicewide Transportation is here-
(3) consider bulk power level, distribution Center. by reduced by $5,000,000.
(b) INCREASE IN TRANSFER AUTHORITY.—
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power level, behind-the-meter, microgrid (c) ALTERNATIVE FUEL VEHICLE DEFINED.—
(grid-connected or islanded mode), and off- In this section, the term ‘‘alternative fuel Section 316(a)(2)(B)(ii) of the National De-
grid applications. vehicle’’ includes a vehicle that uses— fense Authorization Act for Fiscal Year 2018
(d) JOINT PROGRAM.— (1) fuels derived from renewable biomass, (Public Law 115–91; 131 Stat. 1350), as amend-
(1) ESTABLISHMENT.—As part of the Initia- as defined in section 211(o)(1)(I) of the Clean ed by section 315(a) of the John S. McCain
tive, the Director, in consultation with the Air Act (42 U.S.C. 7545(o)(1)(I)); National Defense Authorization Act for Fis-
Director of ARPA–E, shall establish within (2) natural gas (including compressed and cal Year 2019 (Public Law 115–232; 132 Stat.
the Department of Defense a joint program liquefied natural gas); or 1713), is amended by striking ‘‘$10,000,000’’
to carry out projects— (3) propane. and inserting ‘‘$15,000,000’’.
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November 16, 2020 CONGRESSIONAL RECORD — SENATE S6749
Subtitle C—Logistics and Sustainment (2) ELEMENTS.—Each plan developed under SEC. 353. REPORT ON IMPLEMENTATION BY DE-
paragraph (1) with respect to an installa- PARTMENT OF DEFENSE OF RE-
SEC. 331. REPEAL OF STATUTORY REQUIREMENT
tion— QUIREMENTS RELATING TO RENEW-
FOR NOTIFICATION TO DIRECTOR
ABLE FUEL PUMPS.
OF DEFENSE LOGISTICS AGENCY (A) shall include—
THREE YEARS PRIOR TO IMPLE- (i) the cost of implementing training de- (a) IN GENERAL.—Not later than 90 days
MENTING CHANGES TO ANY UNI- scribed in paragraph (1) at the installation; after the date of the enactment of this Act,
FORM OR UNIFORM COMPONENT.
(ii) a description of any obstacles to the the Secretary of Defense shall submit to
Section 356 of the John S. McCain National implementation of such training; and Congress a report on the implementation by
Defense Authorization Act for Fiscal Year (iii) recommendations for mitigating any the Department of Defense of the require-
2019 (Public Law 115–232; 10 U.S.C. 771 note such obstacles; and ments under section 246(a) of the Energy
prec.) is amended— (B) shall be designed to ensure that the ci- Independence and Security Act of 2007 (42
(1) by striking subsection (a); vilian law enforcement and emergency re- U.S.C. 17053(a)).
(2) by redesignating subsections (b) and (c) sponse agencies described in paragraph (1) (b) ELEMENTS.—The report required by sub-
as subsections (a) and (b), respectively; and are familiar with— section (a) shall include the following:
(3) in subsections (a) and (b), as so redesig- (i) the physical features of the installation, (1) An estimate of the cost to the Depart-
nated, by striking ‘‘Commander’’ each place including gates, buildings, armories, head- ment of fully implementing the require-
it appears and inserting ‘‘Director’’. quarters, command and control centers, and ments under section 246(a) of the Energy
SEC. 332. CLARIFICATION OF LIMITATION ON medical facilities; and Independence and Security Act of 2007; and
LENGTH OF OVERSEAS FORWARD (2) An assessment of any problems or
(ii) the emergency response personnel and
DEPLOYMENT OF CURRENTLY DE- issues the Department is having in com-
PLOYED NAVAL VESSELS. procedures of the installation.
(3) SUBMITTAL OF PLANS.— plying with the requirements under such sec-
Section 323(b) of the John S. McCain Na- tion.
tional Defense Authorization Act for Fiscal (A) SUBMITTAL TO SECRETARY.—Not later
than 90 days after the date of the enactment (c) EXCEPTION.—The report required by
Year 2019 (Public Law 115–232; 132 Stat. 1720; subsection (a) shall not apply to a fueling
10 U.S.C. 8690 note) is amended by striking of this Act, the commander of each military
installation required to develop a plan under center of the Department with a fuel turn-
‘‘In the case of any naval vessel’’ and insert- over rate of less than 100,000 gallons of fuel
ing ‘‘In the case of any aircraft carrier, am- paragraph (1) shall submit such plan to the
Secretary of Defense. per year.
phibious ship, cruiser, destroyer, frigate, or
(B) SUBMITTAL TO CONGRESS.—Not later SEC. 354. REPORT ON EFFECTS OF EXTREME
littoral combat ship’’. WEATHER ON DEPARTMENT OF DE-
than 180 days after the date of the enactment
Subtitle D—Reports FENSE.
of this Act, the Secretary shall submit to the
SEC. 351. REPORT ON IMPACT OF PERMAFROST Committees on Armed Services of the Senate (a) IN GENERAL.—Not later than 180 days
THAW ON INFRASTRUCTURE, FACILI- after the date of the enactment of this Act,
TIES, AND OPERATIONS OF THE DE-
and the House of Representatives a summary
of the plans submitted to the Secretary the Secretary of Defense shall submit to the
PARTMENT OF DEFENSE.
under subparagraph (A). congressional defense committees a report
(a) REPORT REQUIRED.—Not later than 180 on vulnerabilities to military installations
days after the date of the enactment of this (b) REPORTS ON TRAINING CONDUCTED.—
(1) LIST OF INSTALLATIONS.—Not later than and combatant commander requirements re-
Act, the Secretary of Defense shall submit to sulting from extreme weather that builds
March 1, 2021, the Secretary shall submit to
the congressional defense committees a com- upon the report submitted under section
the Committees on Armed Services of the
prehensive report on the impact of perma- 335(c) of the National Defense Authorization
Senate and the House of Representatives a
frost thaw on the infrastructure, facilities,
list of all military installations under the ju- Act for Fiscal Year 2018 (Public Law 115–91;
assets, and operations of the Department of
risdiction of the Secretary that conduct live 131 Stat. 1358).
Defense. (b) ELEMENTS.—The report required by sub-
(b) ELEMENTS.—The report required by sub- emergency response training on an annual
basis or more frequently with the civilian section (a) shall include the following:
section (a) shall include the following:
law enforcement and emergency response (1) An explanation of the underlying meth-
(1) An identification of the infrastructure,
agencies responsible for responding to an odology that the Department uses to assess
facilities, and assets of the Department of
emergency at the installation. the effects of extreme weather in the report,
Defense that could be impacted by perma-
(2) ANNUAL REPORTS.— including through the use of a climate vul-
frost thaw.
(A) IN GENERAL.—Not later than one year nerability and risk assessment tool as di-
(2) For each element of infrastructure and
after the date of the enactment of this Act, rected under section 326 of the National De-
each facility and asset identified pursuant to
and annually thereafter, the commander of fense Authorization Act for Fiscal Year 2020
paragraph (1)—
each military installation under the jurisdic- (Public Law 116–92).
(A) an assessment of the threat posed by
tion of the Secretary shall submit to the (2) An assessment of how extreme weather
permafrost thaw; and
Secretary a report on each live emergency affects low-lying military installations, mili-
(B) an estimate of potential damage in the
response training conducted during the year tary installations of the Navy and the Ma-
event of likely permafrost thaw.
covered by the report with the civilian law rine Corps, and military installations out-
(3) A description of the threats and im-
enforcement and emergency response agen- side the United States.
pacts posed by permafrost thaw to military
cies responsible for responding to an emer- (3) An assessment of how extreme weather
and other national security operations.
(c) CONSULTATION.—In preparing the report gency at the installation. affects access of members of the Armed
under subsection (a), the Secretary may con- (B) ELEMENTS.—Each report submitted Forces to training ranges.
sult with other Federal agencies, agencies of under subparagraph (A) shall include, with (4) With respect to a military installation
State and local governments, and academic respect to each training exercise, the fol- in a country outside the United States, an
institutions with expertise or experience in lowing: assessment of the collaboration between the
the effects of permafrost thaw on infrastruc- (i) The date and duration of the exercise. Department of Defense and the military or
ture, facilities, and operations. (ii) A detailed description of the exercise. civilian agencies of the government of that
(d) ASSET DEFINED.—In this section, the (iii) An identification of all military and country or nongovernmental organizations
term ‘‘asset’’ means the following: civilian personnel who participated in the operating in that country to adapt to risks
(1) Any aircraft, weapon system, vehicle, exercise. from extreme weather.
equipment, or gear of the Department of De- (iv) Any recommendations resulting from (5) An assessment of how extreme weather
fense or the Armed Forces. the exercise. affects housing safety and food security on
(2) Any other item of the Department or (v) The actions taken, if any, to implement military installations.
the Armed Forces that the Secretary con- such recommendations. (6) An assessment of the strategic benefits
siders appropriate for purposes of this sec- (C) INCLUSION IN ANNUAL BUDGET SUBMIS- derived from isolating infrastructure of the
tion. SION.— Department of Defense in the United States
SEC. 352. PLANS AND REPORTS ON EMERGENCY (i) IN GENERAL.—The Secretary shall in- from the national electric grid and the use of
RESPONSE TRAINING FOR MILITARY clude in the budget submitted to Congress by energy-efficient, distributed, and smart
INSTALLATIONS. the President pursuant to section 1105(a) of power grids by the Armed Forces in the
(a) PLANS.— title 31, United States Code, a summary of United States and overseas to ensure afford-
(1) IN GENERAL.—Not later than 90 days any report submitted to the Secretary under able access to electricity.
after the date of the enactment of this Act, subparagraph (A) during the one-year period (7) A list of ten military installation resil-
the Secretary of Defense shall ensure that preceding the submittal of the budget. ience projects conducted within each mili-
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each military installation under the jurisdic- (ii) CLASSIFIED FORM.—The summary sub- tary department.
tion of the Secretary that does not conduct mitted under clause (i) may be submitted in (8) An overview of mitigations, in addition
live emergency response training on an an- classified form. to current efforts undertaken by the Depart-
nual basis or more frequently with the civil- (D) SUNSET.—The requirement to submit ment, that may be necessary to ensure the
ian law enforcement and emergency response annual reports under subparagraph (A) shall continued operational viability and to in-
agencies responsible for responding to an terminate upon the submittal of the budget crease the resilience of military installa-
emergency at the installation develops a described in subparagraph (C)(i) for fiscal tions, and the estimated costs of those miti-
plan to conduct such training. year 2024. gations.
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S6750 CONGRESSIONAL RECORD — SENATE November 16, 2020
(c) CONSULTATION.—In developing the re- that are ongoing, or that are expected for ‘‘(4) This subsection shall not apply to ad-
port required by subsection (a), the Sec- the next five fiscal years, and shall identify vance billing for background investigation
retary of Defense shall consult with the Ad- for each project— and related services performed by the De-
ministrator of the Environmental Protection ‘‘(i) the component of the Department of fense Counterintelligence and Security
Agency, the Secretary of Energy, the Admin- Defense involved in the project; Agency.’’.
istrator of the National Oceanic and Atmos- ‘‘(ii) the location of the project; SEC. 375. REPEAL OF SUNSET FOR MINIMUM AN-
pheric Administration, the Administrator of ‘‘(iii) a brief description of the purpose of NUAL PURCHASE AMOUNT FOR CAR-
the Federal Emergency Management Agen- the project; and RIERS PARTICIPATING IN THE CIVIL
cy, the Commander of the Army Corps of En- ‘‘(iv) the actual or estimated cost of the RESERVE AIR FLEET.
gineers, the Administrator of the National project.’’. Section 9515 of title 10, United States Code,
Aeronautics and Space Administration, a (b) REPORT ON CONSTRUCTION PROJECTS IN is amended by striking subsection (k).
federally funded research and development SUPPORT OF CONTINGENCY OPERATIONS.— SEC. 376. IMPROVEMENT OF THE OPERATIONAL
ENERGY CAPABILITY IMPROVEMENT
center, and the heads of such other relevant (1) IN GENERAL.—Not later than March 1,
FUND OF THE DEPARTMENT OF DE-
Federal agencies as the Secretary of Defense 2021, the Secretary of Defense shall submit FENSE.
determines appropriate. to the congressional defense committees a (a) MANAGEMENT OF THE OPERATIONAL EN-
(d) FORM OF REPORT.—The report required report on ways to improve the development, ERGY CAPABILITY IMPROVEMENT FUND.—The
by subsection (a) shall be submitted in un- funding, and execution of construction Assistant Secretary of Defense for
classified form but may contain a classified projects in support of overseas contingency Sustainment shall exercise authority, direc-
annex if necessary. operations, including those funded with tion, and control over the Operational En-
(e) PUBLICATION.—Upon submittal of the amounts appropriated or otherwise made ergy Capability Improvement Fund of the
report required by subsection (a), the Sec- available for operation and maintenance and Department of Defense (in this section re-
retary of Defense shall publish the unclassi- those funded with amounts appropriated or ferred to as the ‘‘OECIF’’).
fied portion of the report on an Internet otherwise made available for military con- (b) ALIGNMENT AND COORDINATION WITH RE-
website of the Department of Defense that is struction. LATED PROGRAMS.—
available to the public. (2) ELEMENTS.—The report required by (1) REALIGNMENT OF OECIF.—Not later than
(f) DEFINITIONS.—In this section: paragraph (1) shall include, at a minimum, 60 days after the date of the enactment of
(1) EXTREME WEATHER.—The term ‘‘extreme the following: this Act, the Secretary of Defense shall re-
weather’’ means recurrent flooding, drought, (A) An examination and comparison of the align the OECIF under the Assistant Sec-
desertification, wildfires, and thawing per- time required to plan, approve, and execute retary of Defense for Sustainment, with such
mafrost. construction projects funded with operation realignment to include personnel positions
(2) UNITED STATES.—The term ‘‘United and maintenance amounts versus those fund- adequate for the mission of the OECIF.
States’’ means the several States, the Dis- ed with military construction amounts, in (2) BETTER COORDINATION WITH RELATED
trict of Columbia, and any territory or pos- support of contingency operations, including PROGRAMS.—The Assistant Secretary shall
session of the United States. construction projects in support of recent ensure that the placement under the author-
Subtitle E—Other Matters operations in Afghanistan, Iraq, Syria, and ity of the Assistant Secretary of the OECIF
SEC. 371. PROHIBITION ON DIVESTITURE OF Eastern Europe. along with the Strategic Environmental Re-
MANNED INTELLIGENCE, SURVEIL- (B) A description of any challenges associ- search Program, the Environmental Security
LANCE, AND RECONNAISSANCE AIR- ated with the processes of the Department of Technology Certification Program, and the
CRAFT OPERATED BY UNITED Defense for planning, approving, and exe-
STATES SPECIAL OPERATIONS COM-
Operational Energy Prototyping Program is
cuting such projects. utilized to advance common goals of the De-
MAND.
(C) A description of any ongoing or planned partment, promote organizational synergies,
No funds authorized to be appropriated by efforts to improve such processes to promote
this Act may be used to divest any manned and avoid unnecessary duplication of effort.
efficiency and expediency in the develop- (c) PROGRAM FOR OPERATIONAL ENERGY
intelligence, surveillance, and reconnais- ment and execution of such projects. PROTOTYPING.—
sance aircraft operated by the United States (D) Any recommendations with respect to (1) IN GENERAL.—Commencing not later
Special Operations Command, and the De- improving such processes, including those than 90 days after the date of the enactment
partment of Defense may not divest any from the commanders of the combatant com- of this Act, the Secretary of Defense,
manned intelligence, surveillance, and re- mands and the Secretaries of the military through the Assistant Secretary of Defense
connaissance aircraft operated by the United departments. for Sustainment, shall carry out a program
States Special Operations Command in fiscal
SEC. 373. PROVISION OF PROTECTION TO THE for the demonstration of technologies re-
year 2021. NATIONAL MUSEUM OF THE MARINE lated to operational energy prototyping, in-
SEC. 372. INFORMATION ON OVERSEAS CON- CORPS, THE NATIONAL MUSEUM OF
STRUCTION PROJECTS IN SUPPORT
cluding demonstration of operational energy
THE UNITED STATES ARMY, THE NA-
OF CONTINGENCY OPERATIONS TIONAL MUSEUM OF THE UNITED
technology and validation prototyping.
USING FUNDS FOR OPERATION AND STATES NAVY, AND THE NATIONAL (2) OPERATION OF PROGRAM.—The Secretary
MAINTENANCE. MUSEUM OF THE UNITED STATES shall ensure that the program under para-
(a) ANNUAL BUDGET JUSTIFICATION DIS- AIR FORCE. graph (1) operates in conjunction with the
PLAY.—Section 2805(c) of title 10, United Section 2465(b) of title 10, United States OECIF to promote the transfer of innovative
States Code, is amended— Code, is amended by adding at the end the technologies that have successfully estab-
(1) by striking ‘‘The Secretary concerned’’ following new paragraph: lished proof of concept for use in production
and inserting ‘‘(1) The Secretary concerned’’; ‘‘(5) A contract for the performance of on- or in the field.
and site armed security guard functions to be (3) PROGRAM ELEMENTS.—In carrying out
(2) by adding at the end the following new performed— the program under paragraph (1) the Sec-
paragraphs: ‘‘(A) at the Marine Corps Heritage Center retary shall—
‘‘(2) The Secretary of each military depart- at Marine Corps Base Quantico, Virginia, in- (A) identify and demonstrate the most
ment, the Director of each Defense Agency, cluding the National Museum of the Marine promising, innovative, and cost-effective
and the head of any other relevant compo- Corps; technologies and methods that address high-
nent of the Department of Defense shall ‘‘(B) at the Heritage Center for the Na- priority operational energy requirements of
track and report to the Under Secretary of tional Museum of the United States Army at the Department of Defense;
Defense (Comptroller) relevant data regard- Fort Belvoir, Virginia; (B) in conducting demonstrations under
ing all overseas construction projects funded ‘‘(C) at the Heritage Center for the Na- subparagraph (A), the Secretary shall—
with amounts appropriated or otherwise tional Museum of the United States Navy at (i) collect cost and performance data to
made available for operation and mainte- Washington, District of Columbia; or overcome barriers against employing an in-
nance in support of contingency operations. ‘‘(D) at the Heritage Center for the Na- novative technology because of concerns re-
‘‘(3)(A) The Secretary of Defense shall pre- tional Museum of the United States Air garding technical or programmatic risk; and
pare, for inclusion in the annual budget sub- Force at Wright-Patterson Air Force Base, (ii) ensure that components of the Depart-
mission by the President to Congress under Ohio.’’. ment have time to establish new require-
section 1105 of title 31, a consolidated budget SEC. 374. INAPPLICABILITY OF CONGRESSIONAL ments where necessary and plan, program,
justification display, in classified and un- NOTIFICATION AND DOLLAR LIMITA- and budget for technology transition to pro-
grams of record;
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classified form, that identifies all overseas TION REQUIREMENTS FOR ADVANCE
construction projects funded with amounts BILLINGS FOR CERTAIN BACK- (C) utilize project structures similar to
appropriated or otherwise made available for GROUND INVESTIGATIONS. those of the OECIF to ensure transparency
operation and maintenance in support of Section 2208(l) of title 10, United States and accountability throughout the efforts
contingency operations. Code, is amended— conducted under the program; and
‘‘(B) The display prepared under subpara- (1) by redesignating paragraph (4) as para- (D) give priority, in conjunction with the
graph (A) shall include a list of all construc- graph (5); and OECIF, to the development and fielding of
tion projects described in such subparagraph (2) by inserting after paragraph (3) the fol- clean technologies that reduce reliance on
that were completed in the prior fiscal year, lowing new paragraph (4): fossil fuels.
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November 16, 2020 CONGRESSIONAL RECORD — SENATE S6751
(4) TOOL FOR ACCOUNTABILITY AND TRANSI- sensitivities associated with naming or re- of a notice under subparagraph (A) with re-
TION.— naming of assets of the Department of De- spect to an energy project that the concerns
(A) IN GENERAL.—In carrying out the pro- fense. identified in the preliminary review con-
gram under paragraph (1) the Secretary shall (d) MEMBERSHIP.—The Commission shall be ducted under paragraph (1) with respect to
develop and utilize a tool to track relevant composed of eight members, of whom— such project have been mitigated to the ex-
investments in operational energy from ap- (1) four shall be appointed by the Secretary tent that such project does not pose an unac-
plied research to transition to use to ensure of Defense; ceptable level of risk to military operations
user organizations have the full picture of (2) one shall be appointed by the Chairman and readiness, the Clearinghouse shall time-
technology maturation and development. of the Committee on Armed Services of the ly issue a mission compatibility letter to the
(B) TRANSITION.—The tool developed and Senate; applicant of such project, the governor of the
utilized under subparagraph (A) shall be de- (3) one shall be appointed by the Ranking State in which such project is located, and
signed to overcome transition challenges Member of the Committee on Armed Serv- the Secretary of the finding of the Clearing-
with rigorous and well-documented dem- ices of the Senate; house.’’.
onstrations that provide the information (4) one shall be appointed by the Chairman SEC. 379. ADJUSTMENT IN AVAILABILITY OF AP-
needed by all stakeholders for acceptance of of the Committee on Armed Services of the PROPRIATIONS FOR UNUSUAL COST
the technology. House of Representatives; and OVERRUNS AND FOR CHANGES IN
(5) LOCATIONS.— (5) one shall be appointed by the Ranking SCOPE OF WORK.
(A) IN GENERAL.—The Secretary shall carry Member of the Committee on Armed Serv- Section 8683 of title 10, United States Code,
out the testing and evaluation phase of the ices of the House of Representatives. is amended by adding at the end the fol-
program under paragraph (1) at installations (e) APPOINTMENT.—Members of the Com- lowing new subsection:
of the Department of Defense or in conjunc- mission shall be appointed not later than 45 ‘‘(c) TREATMENT OF AMOUNTS APPRO-
tion with exercises conducted by the Joint days after the date of the enactment of this PRIATED AFTER END OF PERIOD OF OBLIGA-
Staff, a combatant command, or a military Act. TION.—In the application of section 1553(c) of
department. (f) INITIAL MEETING.—The Commission title 31 to funds appropriated in the Oper-
shall hold its initial meeting on the date ation and Maintenance, Navy account that
(B) FORMAL DEMONSTRATIONS.—The Sec-
that is 60 days after the enactment of this are available for ship overhaul, the Sec-
retary shall carry out any formal demonstra-
Act. retary of the Navy—
tions under the program under paragraph (1) (g) BRIEFINGS AND REPORTS.—Not later
at installations of the Department or in ‘‘(1) may treat the limitation specified in
than October 1, 2021, the Commission shall paragraph (1) of such section to be
operational settings to document and vali- brief the Committees on Armed Services of
date improved warfighting performance and ‘$10,000,000’ rather than ‘$4,000,000’; and
the Senate and House of Representatives de-
cost savings. ‘‘(2) may treat the limitation specified in
tailing the progress of the requirements
SEC. 377. COMMISSION ON THE NAMING OF paragraph (2) of such section to be
under subsection (c). Not later than October
ITEMS OF THE DEPARTMENT OF DE- ‘$30,000,000’ rather than ‘$25,000,000’.’’.
1, 2022, and not later than 90 days before the
FENSE THAT COMMEMORATE THE SEC. 380. REQUIREMENT THAT SECRETARY OF
implementation of the plan in subsection
CONFEDERATE STATES OF AMERICA DEFENSE IMPLEMENT SECURITY
OR ANY PERSON WHO SERVED VOL- (c)(4), the Commission shall present a brief-
AND EMERGENCY RESPONSE REC-
UNTARILY WITH THE CONFEDERATE ing and written report detailing the results OMMENDATIONS RELATING TO AC-
STATES OF AMERICA. of the requirements under subsection (c), in- TIVE SHOOTER OR TERRORIST AT-
(a) REMOVAL.—Not later than three years cluding: TACKS ON INSTALLATIONS OF DE-
after the date of the enactment of this Act, (1) A list of assets to be removed or re- PARTMENT OF DEFENSE.
the Secretary of Defense shall implement named. (a) REQUIREMENT.—Not later than 90 days
the plan submitted by the commission de- (2) Costs associated with the removal or re- after the date of the enactment of this Act,
scribed in paragraph (b) and remove all naming of assets in subsection (g)(1). the Secretary of Defense shall implement
names, symbols, displays, monuments, and (3) Criteria and requirements used to nomi- the applicable security and emergency re-
paraphernalia that honor or commemorate nate and rename assets in subsection (g)(1). sponse recommendations relating to active
the Confederate States of America (com- (4) Methods of collecting and incorporating shooter or terrorist attacks on installations
monly referred to as the ‘‘Confederacy’’) or local sensitivities associated with the re- of the Department of Defense made in the
any person who served voluntarily with the moval or renaming of assets in subsection following reports:
Confederate States of America from all as- (g)(1). (1) The report by the Government Account-
sets of the Department of Defense. (h) FUNDING.— ability Office dated July 2015 entitled, ‘‘In-
(b) IN GENERAL.—The Secretary of Defense (1) AUTHORIZATION OF APPROPRIATIONS.— sider Threats: DOD Should Improve Informa-
shall establish a commission relating to as- There is authorized to be appropriated tion Sharing and Oversight to Protect U.S.
signing, modifying, or removing of names, $2,000,000 to carry out this section. Installations’’ (GAO–15–543).
symbols, displays, monuments, and para- (2) OFFSET.—The amount authorized to be (2) The report prepared by the Department
phernalia to assets of the Department of De- appropriated by the Act for fiscal year 2021 of the Navy relating to the Washington Navy
fense that commemorate the Confederate for Operations and Maintenance, Army, sub Yard shooting in 2013.
States of America or any person who served activity group 434 - other personnel support (3) The report by the Department of the
voluntarily with the Confederate States of is hereby reduced by $2,000,000. Army dated August 2010 entitled ‘‘Fort Hood,
America. (i) ASSETS DEFINED.—In this section, the Army Internal Review Team: Final Report’’.
(c) DUTIES.—The Commission shall— term ‘‘assets’’ includes any base, installa- (4) The independent review by the Depart-
(1) assess the cost of renaming or removing tion, street, building, facility, aircraft, ship, ment of Defense dated January 2010 entitled
names, symbols, displays, monuments, or plane, weapon, equipment, or any other prop- ‘‘Protecting the Force: Lessons from Fort
paraphernalia that commemorate the Con- erty owned or controlled by the Department
Hood’’.
of Defense.
federate States of America or any person (5) The report by the Department of the
(j) EXEMPTION FOR GRAVE MARKERS.—Shall
who served voluntarily with the Confederate not cover monuments but shall exempt grave Air Force dated October 2010 entitled ‘‘Air
States of America; markers. Congress expects the commission Force Follow-On Review: Protecting the
(2) develop procedures and criteria to as- to further define what constitutes a grave Force: Lessons from Fort Hood’’.
sess whether an existing name, symbol, marker. (b) NOTIFICATION OF INAPPLICABLE REC-
monument, display, or paraphernalia com- OMMENDATIONS.—
SEC. 378. MODIFICATIONS TO REVIEW OF PRO-
memorates the Confederate States of Amer- POSED ACTIONS BY MILITARY AVIA- (1) IN GENERAL.—If the Secretary deter-
ica or person who served voluntarily with TION AND INSTALLATION ASSUR- mines that a recommendation described in
the Confederate States of America; ANCE CLEARINGHOUSE. subsection (a) is outdated, is no longer appli-
(3) recommend procedures for renaming as- Section 183a(c)(2) of title 10, United States cable, or has been superseded by more recent
sets of the Department of Defense to prevent Code, is amended— separate guidance or recommendations set
commemoration of the Confederate States of (1) by striking ‘‘If the Clearinghouse’’ and forth by the Government Accountability Of-
America or any person who served volun- inserting ‘‘(A) If the Clearinghouse’’; and fice, the Department of Defense, or another
tarily with the Confederate States of Amer- (2) by adding at the end the following new entity in related contracted review, the Sec-
ica; subparagraphs: retary shall notify the Committees on
(4) develop a plan to remove names, sym- ‘‘(B) After the Clearinghouse issues a no- Armed Services of the Senate and the House
bols, displays, monuments, or paraphernalia tice under subparagraph (A) with respect to of Representatives not later than 45 days
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that commemorate the Confederate States of an energy project, the parties should seek to after the date of the enactment of this Act.
America or any person who served volun- identify feasible and affordable actions that (2) IDENTIFICATION AND JUSTIFICATION.—The
tarily with the Confederate States of Amer- can be taken by the Department, the devel- notification under paragraph (1) shall in-
ica from assets of the Department of De- oper of such energy project, or others to clude an identification, set forth by report
fense, within the timeline established by this mitigate any adverse impact on military op- specified in subsection (a), of each rec-
Act; and erations and readiness. ommendation that the Secretary determines
(5) include in the plan procedures and cri- ‘‘(C) If the Secretary determines within a should not be implemented, with a justifica-
teria for collecting and incorporating local reasonable period of time after the issuance tion for each such determination.
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S6752 CONGRESSIONAL RECORD — SENATE November 16, 2020
SEC. 381. CLARIFICATION OF FOOD INGREDIENT without their consent at the end of the fiscal end strength for non-temporary military
REQUIREMENTS FOR FOOD OR BEV- year. technicians (dual status) and the maximum
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 made by subsection (a) shall take effect on
SEC. 412. END STRENGTHS FOR RESERVES ON AC-
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
Subtitle A—Active Forces (6) The Air Force Reserve, 5,256. (a) supersedes any other authorization of ap-
SEC. 413. END STRENGTHS FOR MILITARY TECH- propriations (definite or indefinite) for such
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
NICIANS (DUAL STATUS). purpose for fiscal year 2021.
The Armed Forces are authorized
(a) IN GENERAL.—The authorized number of TITLE V—MILITARY PERSONNEL POLICY
strengths for active duty personnel as of
military technicians (dual status) as of the Subtitle A—Officer Personnel Policy
September 30, 2021, as follows:
last day of fiscal year 2021 for the reserve SEC. 501. REPEAL OF CODIFIED SPECIFICATION
(1) The Army, 485,000.
components of the Army and the Air Force OF AUTHORIZED STRENGTHS OF
(2) The Navy, 346,730.
(notwithstanding section 129 of title 10, CERTAIN COMMISSIONED OFFICERS
(3) The Marine Corps, 180,000.
United States Code) shall be the following: ON ACTIVE DUTY.
(4) The Air Force, 333,475.
(1) For the Army National Guard of the Effective as of October 1, 2021, the text of
SEC. 402. END STRENGTH LEVEL MATTERS.
United States, 22,294. section 523 of title 10, United States Code, is
(a) STRENGTH LEVELS TO SUPPORT TWO (2) For the Army Reserve, 6,492. amended to read as follows:
MAJOR REGIONAL CONTINGENCIES.— (3) For the Air National Guard of the ‘‘The total number of commissioned offi-
(1) IN GENERAL.—Section 691 of title 10, United States, 10,994. cers serving on active duty in the Army, Air
United States Code, is repealed. (4) For the Air Force Reserve, 7,947. Force, or Marine Corps in each of the grades
(2) TABLE OF SECTIONS.—The table of sec- (b) LIMITATION.—Under no circumstances of major, lieutenant colonel, or colonel, or in
tions at the beginning of chapter 39 of such may a military technician (dual status) em- the Navy in each of the grades of lieutenant
title is amended by striking the item relat- ployed under the authority of this section be commander, commander, or captain, at the
ing to section 691. coerced by a State into accepting an offer of end of any fiscal year shall be as specifically
(b) CERTAIN ACTIVE-DUTY AND SELECTED realignment or conversion to any other mili- authorized by Act of Congress for such fiscal
RESERVE STRENGTHS.—Section 115 of such tary status, including as a member of the year.’’.
title is amended— Active, Guard, and Reserve program of a re- SEC. 502. TEMPORARY EXPANSION OF AVAIL-
(1) in subsection (f)(1), by striking ‘‘in- serve component. If a military technician ABILITY OF ENHANCED CONSTRUC-
crease’’ and inserting ‘‘vary’’; and (dual status) declines to participate in such TIVE SERVICE CREDIT IN A PAR-
(2) in subsection (g)(1)(A), by striking ‘‘in- TICULAR CAREER FIELD UPON
realignment or conversion, no further action
crease’’ and inserting ‘‘vary’’. ORIGINAL APPOINTMENT AS A COM-
will be taken against the individual or the MISSIONED OFFICER.
Subtitle B—Reserve Forces individual’s position. (a) REGULAR OFFICERS.—Subparagraph (D)
SEC. 411. END STRENGTHS FOR SELECTED RE- SEC. 414. MAXIMUM NUMBER OF RESERVE PER- of section 533(b)(1) of title 10, United States
SERVE. SONNEL AUTHORIZED TO BE ON AC-
Code, is amended to read as follows:
TIVE DUTY FOR OPERATIONAL SUP-
(a) IN GENERAL.—The Armed Forces are au- ‘‘(D) Additional credit as follows:
PORT.
thorized strengths for Selected Reserve per- ‘‘(i) For special training or experience in a
During fiscal year 2021, the maximum num-
sonnel of the reserve components as of Sep- particular officer field as designated by the
ber of members of the reserve components of
tember 30, 2021, as follows: Secretary concerned, if such training or ex-
the Armed Forces who may be serving at any
(1) The Army National Guard of the United perience is directly related to the oper-
time on full-time operational support duty
States, 336,500. ational needs of the armed force concerned.
under section 115(b) of title 10, United States
(2) The Army Reserve, 189,800. ‘‘(ii) During fiscal years 2021 through 2025,
Code, is the following:
(3) The Navy Reserve, 58,800. for advanced education in an officer field so
(1) The Army National Guard of the United
(4) The Marine Corps Reserve, 38,500. designated, if such education is directly re-
States, 17,000.
(5) The Air National Guard of the United lated to the operational needs of the armed
(2) The Army Reserve, 13,000.
States, 108,100. force concerned.’’.
(3) The Navy Reserve, 6,200.
(6) The Air Force Reserve, 70,300. (b) RESERVE OFFICERS.—Section 12207(b)(1)
(4) The Marine Corps Reserve, 3,000.
(7) The Coast Guard Reserve, 7,000. of such title is amended—
(5) The Air National Guard of the United
(b) END STRENGTH REDUCTIONS.—The end (1) in the matter preceding subparagraph
States, 16,000.
strengths prescribed by subsection (a) for the (A), ‘‘or a designation in’’ and all that fol-
(6) The Air Force Reserve, 14,000.
Selected Reserve of any reserve component lows through ‘‘education or training,’’ and
shall be proportionately reduced by— SEC. 415. SEPARATE AUTHORIZATION BY CON- inserting ‘‘and who has special training or
GRESS OF MINIMUM END
(1) the total authorized strength of units STRENGTHS FOR NON-TEMPORARY
experience, or advanced education (if appli-
organized to serve as units of the Selected cable),’’; and
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MILITARY TECHNICIANS (DUAL STA-
Reserve of such component which are on ac- TUS) AND MAXIMUM END (2) by striking subparagraph (D) and in-
tive duty (other than for training) at the end STRENGTHS FOR TEMPORARY MILI- serting the following new subparagraph:
of the fiscal year; and TARY TECHNICIANS (DUAL STATUS). ‘‘(D) Additional credit as follows:
(2) the total number of individual members (a) IN GENERAL.—Section 115(d) of title 10, ‘‘(i) For special training or experience in a
not in units organized to serve as units of United States Code, is amended— particular officer field as designated by the
the Selected Reserve of such component who (1) in the first sentence, by striking ‘‘the Secretary concerned, if such training or ex-
are on active duty (other than for training or end strength for military technicians (dual perience is directly related to the oper-
for unsatisfactory participation in training) status)’’ and inserting ‘‘both the minimum ational needs of the armed force concerned.
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November 16, 2020 CONGRESSIONAL RECORD — SENATE S6753
‘‘(ii) During fiscal years 2021 through 2025, by such section, the Secretary shall convene ‘‘(ii) The comments on information of a
for advanced education in an officer field so a special selection review board under this person described in clause (i)(II) shall be fur-
designated, if such education is directly re- section to review the person and recommend nished to the special selection review board.
lated to the operational needs of the armed whether the recommendation for promotion ‘‘(D) A person may waive either or both of
force concerned.’’. of the person should be sustained. the following:
(c) ANNUAL REPORT.— ‘‘(2) If a person and the recommendation ‘‘(i) The right to submit comments to a
(1) IN GENERAL.—Not later than February 1, for promotion of the person is subject to re- special selection review board under sub-
2022, and every four years thereafter, each view under this section by a special selection paragraph (A)(ii).
Secretary of a military department shall review board convened under this section, ‘‘(ii) The furnishing of comments to a spe-
submit to the Committees on Armed Serv- the name of the person— cial selection review board under subpara-
ices of the Senate and the House of Rep- ‘‘(A) shall not be disseminated or publicly graph (C)(ii).
resentatives a report on the use of the au- released on the list of officers recommended ‘‘(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. petitive category who were recommended for
it authority’’) during the preceding fiscal ‘‘(b) CONVENING.—(1) Any special selection promotion by the promotion board that rec-
year for the Armed Forces under the juris- review board convened under this section ommended the person for promotion, and an
diction of such Secretary. shall be convened in accordance with the appropriate sampling of the records of those
(2) ELEMENTS.—Each report under para- provisions of section 628(f) of this title. officers who were considered by and not rec-
‘‘(2) Any special selection review board ommended for promotion by that promotion
graph (1) shall include, for the fiscal year
convened under this section may review such
and Armed Forces covered by such report, board.
number of persons, and recommendations for ‘‘(2) Records and information shall be pre-
the following:
promotion of such persons, as the Secretary sented to a special selection review board for
(A) The manner in which constructive of the military department concerned shall
service credit was calculated under each con- purposes of paragraph (1) in a manner that
specify in convening such special selection
structive credit authority. does not indicate or disclose the person or
review board.
(B) The number of officers credited con- ‘‘(c) INFORMATION CONSIDERED.—(1) In re- persons for whom the special selection re-
structive service credit under each construc- viewing a person and recommending whether view board was convened.
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- verse nature on the person, including any ‘‘(A) ranks on an order of merit created by
MOTION LIST OF OFFICERS OF PAR-
substantiated adverse finding or conclusion the special selection review board as better
TICULAR MERIT. qualified for promotion than the sample offi-
from an officially documented investigation
(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- 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
SEC. 504. SPECIAL SELECTION REVIEW BOARDS tunity to submit comments on such informa- shall submit to the Secretary of the military
FOR REVIEW OF PROMOTION OF OF- tion to the special selection review board be- department concerned a written report,
FICERS SUBJECT TO ADVERSE IN- fore its review of the person and the rec- signed by each member of the board, con-
FORMATION IDENTIFIED AFTER taining the name of each person whose rec-
RECOMMENDATION FOR PRO-
ommendation for promotion of the person
under this section. ommendation for promotion it recommends
MOTION AND RELATED MATTERS.
‘‘(B) If information on a person described for sustainment and certifying that the
(a) REGULAR OFFICERS.—
in paragraph (1)(B) is not made available to board has carefully considered the record
(1) IN GENERAL.—Subchapter III of chapter
the person as otherwise required by subpara- and information of each person whose name
36 of title 10, United States Code, is amended
graph (A)(i) due to the classification status was referred to it.
by inserting after section 628 the following ‘‘(2) The provisions of sections 617(b) and
of such information, the person shall, to the
new section: 618 of this title apply to the report and pro-
maximum extent practicable, be furnished a
‘‘§ 628a. Special selection review boards summary of such information appropriate to ceedings of a special selection review board
‘‘(a) IN GENERAL.—(1) If the Secretary of the person’s authorization for access to clas- convened under this section in the same
the military department concerned deter- sified information. manner as they apply to the report and pro-
mines that a person recommended by a pro- ‘‘(C)(i) An opportunity to submit com- ceedings of a promotion board convened
motion board for promotion to a grade at or ments on information is not required for a under section 611(a) of this title.
below the grade of major general, rear admi- person under subparagraph (A)(ii) if— ‘‘(f) APPOINTMENT OF PERSONS.—(1) If the
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ral in the Navy, or an equivalent grade in ‘‘(I) such information was made available report of a special selection review board
the Space Force is the subject of credible in- to the person in connection with the fur- convened under this section recommends the
formation of an adverse nature, including nishing of such information under section sustainment of the recommendation for pro-
any substantiated adverse finding or conclu- 615(a) of this title to the promotion board motion to the next higher grade of a person
sion described in section 615(a)(3)(A) of this that recommended the promotion of the per- whose name was referred to it for review
title, that was not furnished to the pro- son subject to review under this section; and under this section, and the President ap-
motion board during its consideration of the ‘‘(II) the person submitted comments on proves the report, the person shall, as soon
person for promotion as otherwise required such information to that promotion board. as practicable, be appointed to that grade in
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S6754 CONGRESSIONAL RECORD — SENATE November 16, 2020
accordance with subsections (b) and (c) of any substantiated adverse finding or conclu- nishing of such information under section
section 624 of this title. sion described in section 14107(a)(3)(A) of this 14107(a) of this title to the promotion board
‘‘(2) A person who is appointed to the next title, that was not furnished to the pro- that recommended the promotion of the per-
higher grade as described in paragraph (1) motion board during its consideration of the son subject to review under this section; and
shall, upon that appointment, have the same person for promotion as otherwise required ‘‘(II) the person submitted comments on
date of rank, the same effective date for the by such section, the Secretary shall convene such information to that promotion board.
pay and allowances of that grade, and the a special selection review board under this ‘‘(ii) The comments on information of a
same position on the active-duty list as the section to review the person and recommend person described in clause (i)(II) shall be fur-
person would have had pursuant to the origi- whether the recommendation for promotion nished to the special selection review board.
nal recommendation for promotion of the of the person should be sustained. ‘‘(D) A person may waive either or both of
promotion board concerned. ‘‘(2) If a person and the recommendation the following:
‘‘(g) REGULATIONS.—(1) The Secretary of for promotion of the person is subject to re- ‘‘(i) The right to submit comments to a
Defense shall prescribe regulations to carry view under this section by a special selection special selection review board under sub-
out this section. Such regulations shall review board convened under this section, paragraph (A)(ii).
apply uniformly across the military depart- the name of the person— ‘‘(ii) The furnishing of comments to a spe-
ments. ‘‘(A) shall not be disseminated or publicly cial selection review board under subpara-
‘‘(2) Any regulation prescribed by the Sec- released on the list of officers recommended graph (C)(ii).
retary of a military department to supple- for promotion by the promotion board rec- ‘‘(d) CONSIDERATION.—(1) In considering the
ment the regulations prescribed pursuant to ommending the promotion of the person; and record and information on a person under
paragraph (1) may not take effect without ‘‘(B) shall not be forwarded to the Sec- this section, the special selection review
the approval of the Secretary of Defense, in retary of Defense, the President, or the Sen- board shall compare such record and infor-
writing. ate, as applicable, or included on a pro- mation with an appropriate sampling of the
‘‘(h) PROMOTION BOARD DEFINED.—In this motion list under section 14308(a) of this records of those officers of the same com-
section, the term ‘promotion board ’means a title. petitive category who were recommended for
selection board convened by the Secretary of ‘‘(b) CONVENING.—(1) Any special selection promotion by the promotion board that rec-
review board convened under this section ommended the person for promotion, and an
a military department under section 611(a) of
shall be convened in accordance with the appropriate sampling of the records of those
this title.’’.
provisions of section 14502(b)(2) of this title. officers who were considered by and not rec-
(2) CLERICAL AMENDMENT.—The table of ‘‘(2) Any special selection review board
sections at the beginning of subchapter III of ommended for promotion by that promotion
convened under this section may review such
chapter 36 of such title is amended by insert- board.
number of persons, and recommendations for
ing after the item relating to section 628 the ‘‘(2) Records and information shall be pre-
promotion of such persons, as the Secretary
following new item: sented to a special selection review board for
of the military department concerned shall
‘‘628a. Special selection review boards.’’. purposes of paragraph (1) in a manner that
specify in convening such special selection
(3) DELAY IN PROMOTION.—Section 624(d) of does not indicate or disclose the person or
review board.
such title is amended— ‘‘(c) INFORMATION CONSIDERED.—(1) In re- persons for whom the special selection re-
(A) in paragraph (1)— viewing a person and recommending whether view board was convened.
(i) in subparagraph (D), by striking ‘‘or’’ at the recommendation for promotion of the ‘‘(3) In considering whether the rec-
the end; person should be sustained under this sec- ommendation for promotion of a person
(ii) in subparagraph (E), by striking the pe- tion, a special selection review board con- should be sustained under this section, a spe-
riod at the end and inserting ‘‘; or’’; and vened under this section shall be furnished cial selection review board shall, to the
(iii) by inserting after subparagraph (E) and consider the following: greatest extent practicable, apply standards
the following new subparagraph (F): ‘‘(A) The record and information con- used by the promotion board that rec-
‘‘(F) the Secretary of the military depart- cerning the person furnished in accordance ommended the person for promotion.
ment concerned determines that credible in- with section 14107(a)(2) of this title to the ‘‘(4) The recommendation for promotion of
formation of an adverse nature, including a promotion board that recommended the per- a person may be sustained under this section
substantiated adverse finding or conclusion son for promotion. only if the special selection review board de-
described in section 615(a)(3)(A) of this title, ‘‘(B) Any credible information of an ad- termines that the person—
with respect to the officer will result in the verse nature on the person, including any ‘‘(A) ranks on an order of merit created by
convening of a special selection review board substantiated adverse finding or conclusion the special selection review board as better
under section 628a of this title to review the from an officially documented investigation qualified for promotion than the sample offi-
officer and recommend whether the rec- or inquiry described in section 14107(a)(3)(A) cer highest on the order of merit list who
ommendation for promotion of the officer of this title. was considered by and not recommended for
should be sustained.’’; ‘‘(2) The furnishing of information to a spe- promotion by the promotion board con-
(B) by redesignating paragraphs (3) and (4) cial selection review board under paragraph cerned; and
as paragraphs (4) and (5), respectively; (1)(B) shall be governed by the standards and ‘‘(B) is comparable in qualification for pro-
(C) by inserting after paragraph (2) the fol- procedures referred to in paragraph (3)(B) of motion to those sample officers who were
lowing new paragraph (3): section 14107(a) of this title applicable to the recommended for promotion by that pro-
‘‘(3) In the case of an officer whose pro- furnishing of information described in para- motion board.
motion is delayed pursuant to paragraph graph (3)(A) of such section to promotion ‘‘(5) A recommendation for promotion of a
(1)(F) and whose recommendation for pro- boards in accordance with that section. person may be sustained under this section
motion is sustained, authorities for the pro- ‘‘(3)(A) Before information on person de- only by a vote of a majority of the members
motion of the officer are specified in section scribed in paragraph (1)(B) is furnished to a of the special selection review board.
628a(f) of this title.’’; and special selection review board for purposes of ‘‘(6) If a special selection review board does
(D) in paragraph (4), as redesignated by this section, the Secretary of the military not sustain a recommendation for promotion
subparagraph (B)— department concerned shall ensure that— of a person under this section, the person
(i) by striking ‘‘The appointment’’ and in- ‘‘(i) such information is made available to shall be considered to have failed of selection
serting ‘‘(A) Except as provided in subpara- the person; and for promotion.
‘‘(ii) subject to subparagraphs (C) and (D), ‘‘(e) REPORTS.—(1) Each special selection
graph (B), the appointment’’; and
the person is afforded a reasonable oppor- review board convened under this section
(ii) by adding at the end the following new
tunity to submit comments on such informa- shall submit to the Secretary of the military
subparagraph:
tion to the special selection review board be- department concerned a written report,
‘‘(B) In the case of an officer whose pro-
fore its review of the person and the rec- signed by each member of the board, con-
motion is delayed pursuant to paragraph
ommendation for promotion of the person taining the name of each person whose rec-
(1)(F), requirements applicable to notice and
under this section. ommendation for promotion it recommends
opportunity for response to such delay are
‘‘(B) If information on an officer described for sustainment and certifying that the
specified in section 628a(c)(3) of this title.’’.
(b) RESERVE OFFICERS.— in paragraph (1)(B) is not made available to board has carefully considered the record
(1) IN GENERAL.—Chapter 1407 of title 10, the person as otherwise required by subpara- and information of each person whose name
United States Code, is amended by inserting graph (A)(i) due to the classification status was referred to it.
of such information, the person shall, to the ‘‘(2) The provisions of sections 14109(c),
after section 14502 the following new section:
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maximum extent practicable, be furnished a 14110, and 14111 of this title apply to the re-
‘‘§ 14502a. Special selection review boards summary of such information appropriate to port and proceedings of a special selection
‘‘(a) IN GENERAL.—(1) If the Secretary of the person’s authorization for access to clas- review board convened under this section in
the military department concerned deter- sified information. the same manner as they apply to the report
mines that a person recommended by a pro- ‘‘(C)(i) An opportunity to submit com- and proceedings of a promotion board con-
motion board for promotion to a grade at or ments on information is not required for a vened under section 14101(a) of this title.
below the grade of major general or rear ad- person under subparagraph (A)(ii) if— ‘‘(f) APPOINTMENT OF PERSONS.—(1) If the
miral in the Navy is the subject of credible ‘‘(I) such information was made available report of a special selection review board
information of an adverse nature, including to the person in connection with the fur- convened under this section recommends the
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November 16, 2020 CONGRESSIONAL RECORD — SENATE S6755
sustainment of the recommendation for pro- below major general, in the case of the Navy, (1) by inserting ‘‘Space Force,’’ after ‘‘or
motion to the next higher grade of a person rear admiral, or, in the case of the Space Marine Corps,’’; and
whose name was referred to it for review Force, the equivalent grade, the require- (2) by inserting ‘‘or separated, as specified
under this section, and the President ap- ments in subparagraphs (A) and (C) may be in subsection (e),’’ after ‘‘shall be retired’’.
proves the report, the person shall, as soon met through the convening and actions of a (b) DEFERRED RETIREMENT OR SEPARATION
as practicable, be appointed to that grade in special selection review board with respect OF HEALTH PROFESSIONS OFFICERS.—Sub-
accordance with section 14308 of this title. to the officer under section 628a of this section (b) of such section is amended—
‘‘(2) A person who is appointed to the next title.’’. (1) in the subsection heading, by inserting
higher grade as described in paragraph (1) (3) DELAYED APPLICABILITY OF REQUIRE- ‘‘OR SEPARATION’’ after ‘‘RETIREMENT’’; and
shall, upon that appointment, have the same MENTS TO BOARDS FOR PROMOTION OF OFFICERS (2) in paragraph (1), by inserting ‘‘or sepa-
date of rank, the same effective date for the TO NON-GENERAL AND FLAG OFFICER GRADES.— ration’’ after ‘‘retirement’’.
pay and allowances of that grade, and the Subsection (c) of section 502 of the National (c) DEFERRED RETIREMENT OR SEPARATION
same position on the reserve active-status Defense Authorization Act for Fiscal Year OF OTHER OFFICERS.—Subsection (c) of such
list as the person would have had pursuant 2020 (Public Law 116–92) is amended to read section is amended—
to the original recommendation for pro- as follows: (1) in the subsection heading, by striking
motion of the promotion board concerned. ‘‘(c) EFFECTIVE DATE AND APPLICABILITY.— ‘‘OF CHAPLAINS’’ and inserting ‘‘OR SEPARA-
‘‘(g) REGULATIONS.—(1) The Secretary of ‘‘(1) EFFECTIVE DATE.—The amendments TION OF OTHER OFFICERS’’;
Defense shall prescribe regulations to carry made by this section shall take effect on De- (2) by inserting ‘‘or separation’’ after ‘‘re-
out this section. Such regulations shall cember 20, 2019, and shall, except as provided tirement’’; and
apply uniformly across the military depart- in paragraph (2), apply with respect to the (3) by striking ‘‘an officer who is appointed
ments. proceedings of promotion selection boards or designated as a chaplain’’ and inserting
‘‘(2) Any regulation prescribed by the Sec- convened under section 611(a) of title 10, ‘‘any officer other than a health professions
retary of a military department to supple- United States Code, after that date. officer described in subsection (b)(2)’’.
ment the regulations prescribed pursuant to ‘‘(2) DELAYED APPLICABILITY FOR BOARDS (d) RETIREMENT OR SEPARATION BASED ON
paragraph (1) may not take effect without FOR PROMOTION TO NON-GENERAL AND FLAG OF- YEARS OF CREDITABLE SERVICE.—Such sec-
the approval of the Secretary of Defense, in FICER GRADES.—The amendments made this tion is further amended by adding at the end
writing. section shall apply with respect to the pro- the following new subsection:
‘‘(h) PROMOTION BOARD DEFINED.—In this ceedings of promotion selection boards con- ‘‘(e) RETIREMENT OR SEPARATION BASED ON
section, the term ‘promotion board ’means a vened under section 611(a) of title 10, United YEARS OF CREDITABLE SERVICE.—The fol-
selection board convened by the Secretary of States Code, for consideration of officers for lowing rules shall apply to a regular commis-
a military department under section 14101(a) promotion to a grade below the grade of brig- sioned officer who is to be retired or sepa-
of this title.’’. adier general or, in the case of the Navy, rated under subsection (a):
(2) CLERICAL AMENDMENT.—The table of rear admiral (lower half), only if such boards ‘‘(1) If the officer has at least 6 but fewer
sections at the beginning of chapter 1407 of are so convened after January 1, 2021.’’. than 20 years of creditable service, the offi-
such title is amended by inserting after the (d) REQUIREMENTS FOR FURNISHING AD- cer shall be separated, with separation pay
item relating to section 14502 the following VERSE INFORMATION ON RESERVE OFFICERS TO computed under section 1174(d)(1) of this
new item: PROMOTION SELECTION BOARDS.—Section title.
‘‘14502a. Special selection review boards.’’. 14107(a)(3) of title 10, United States Code, is ‘‘(2) If the officer has fewer than 6 years of
(3) DELAY IN PROMOTION.—Section 14311 of amended— creditable service, the officer shall be sepa-
such title is amended— (1) by inserting ‘‘(A)’’ after ‘‘(3)’’; rated under subsection (a).’’.
(A) in subsection (a)— (2) in subparagraph (A), as designated by
SEC. 507. CLARIFYING AND IMPROVING RESTATE-
(i) in paragraph (1), by adding at the end paragraph (1), by striking ‘‘colonel, or, in the MENT OF RULES ON THE RETIRED
the following new subparagraph: case of the Navy, captain’’ and inserting GRADE OF COMMISSIONED OFFI-
‘‘(F) The Secretary of the military depart- ‘‘lieutenant colonel, or, in the case of the CERS.
ment concerned determines that credible in- Navy, commander’’; and (a) RESTATEMENT.—
formation of adverse nature, including a sub- (3) by adding at the end the following new (1) IN GENERAL.—Chapter 69 of title 10,
stantiated adverse finding or conclusion de- subparagraphs United States Code, is amended by striking
scribed in section 14107(a)(3)(A) of this title, ‘‘(B) The standards and procedures referred section 1370 and inserting the following new
with respect to the officer will result in the to in subparagraph (A) shall require the fur- sections:
convening of a special selection review board nishing to the selection board, and to each
individual member of the board, the informa- ‘‘§ 1370. Regular commissioned officers
under section 14502a of this title to review
the officer and recommend whether the rec- tion described in that subparagraph with re- ‘‘(a) RETIREMENT IN HIGHEST GRADE IN
ommendation for promotion of the officer gard to an officer in a grade specified in that WHICH SERVED SATISFACTORILY.—
should be sustained.’’; and subparagraph at each stage or phase of the ‘‘(1) IN GENERAL.—Unless entitled to a dif-
(ii) by adding at the end the following new selection board, concurrent with the screen- ferent retired grade under some other provi-
paragraph: ing, rating, assessment, evaluation, discus- sion of law, a commissioned officer (other
‘‘(2) In the case of an officer whose pro- sion, or other consideration by the board or than a commissioned warrant officer) of the
motion is delayed pursuant to paragraph member of the official military personnel Army, Navy, Air Force, Marine Corps, or
(1)(F) and whose recommendation for pro- file of the officer, or of the officer. Space Force who retires under any provision
motion is sustained, authorities for the pro- ‘‘(C) With respect to the consideration of of law other than chapter 61 or 1223 of this
an officer for promotion to a grade at or title shall be retired in the highest perma-
motion of the officer are specified in section
below major general or, in the Navy, rear ad- nent grade in which such officer is deter-
14502a(f) of this title.’’; and
miral, the requirements in subparagraphs (A) mined to have served on active duty satisfac-
(B) in subsection (c), by adding at the end
and (B) may be met through the convening torily.
the following new paragraph:
and actions of a special selection board with ‘‘(2) DETERMINATION OF SATISFACTORY SERV-
‘‘(3) Notwithstanding paragraphs (1) and
respect to the officer under section 14502a of ICE.—The determination of satisfactory serv-
(2), in the case of an officer whose promotion
this title.’’. ice of an officer in a grade under paragraph
is delayed pursuant to subsection (a)(1)(F),
SEC. 505. NUMBER OF OPPORTUNITIES FOR CON- (1) shall be made as follows:
requirements applicable to notice and oppor- SIDERATION FOR PROMOTION
tunity for response to such delay are speci- UNDER ALTERNATIVE PROMOTION
‘‘(A) By the Secretary of the military de-
fied in section 14502a(c)(3) of this title.’’. AUTHORITY. partment concerned, if the officer is serving
(c) REQUIREMENTS FOR FURNISHING AD- Section 649c of title 10, United States Code, in a grade at or below the grade of major
VERSE INFORMATION ON REGULAR OFFICERS TO is amended— general, rear admiral in the Navy, or the
PROMOTION SELECTION BOARDS.— (1) by redesignating subsection (d) as sub- equivalent grade in the Space Force.
(1) EXTENSION OF REQUIREMENTS TO SPACE section (e); and ‘‘(B) By the Secretary of Defense, if the of-
FORCE REGULAR OFFICERS.—Subparagraph (2) by inserting after subsection (c) the fol- ficer is serving or has served in a grade above
(B)(i) of section 615(a)(3) of title 10, United lowing new subsection (d): the grade of major general, rear admiral in
States Code, is amended by striking ‘‘or, in ‘‘(d) INAPPLICABILITY OF REQUIREMENT RE- the Navy, or the equivalent grade in the
the case of the Navy, lieutenant’’ and insert- LATING TO OPPORTUNITIES FOR CONSIDERATION Space Force.
ing ‘‘, in the case of the Navy, lieutenant, or FOR PROMOTION.—Section 645(1)(A)(i)(I) of ‘‘(3) EFFECT OF MISCONDUCT IN LOWER GRADE
IN DETERMINATION.—If the Secretary of a
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in the case of the Space Force, the equiva- this title shall not apply to the promotion of
lent grade’’. officers described in subsection (a) to the ex- military department or the Secretary of De-
(2) SATISFACTION OF REQUIREMENTS tent that such section is inconsistent with a fense, as applicable, determines that an offi-
THROUGH SPECIAL SELECTION REVIEW number of opportunities for promotion speci- cer committed misconduct in a lower grade
BOARDS.—Such section is further amended by fied pursuant to section 649d of this title.’’. than the retirement grade otherwise pro-
adding at the end the following new subpara- SEC. 506. MANDATORY RETIREMENT FOR AGE. vided for the officer by this section—
graph: (a) GENERAL RULE.—Subsection (a) of sec- ‘‘(A) such Secretary may deem the officer
‘‘(D) With respect to the consideration of tion 1251 of title 10, United States Code, is to have not served satisfactorily in any
an officer for promotion to a grade at or amended— grade equal to or higher than such lower
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S6756 CONGRESSIONAL RECORD — SENATE November 16, 2020
grade for purposes of determining the retire- Army, Air Force, or Marine Corps, lieuten- ‘‘(B) include an up-to-date copy of the mili-
ment grade of the officer under this section; ant commander in the Navy, or the equiva- tary biography of the officer; and
and lent grade in the Space Force, the number ‘‘(C) include the statement of the Sec-
‘‘(B) the grade next lower to such lower equal to two percent of the authorized ac- retary as to whether or not potentially ad-
grade shall be the retired grade of the officer tive-duty strength for that fiscal year for of- verse, adverse, or reportable information re-
under this section. ficers of that armed force in that grade; garding the officer was considered by the
‘‘(4) NATURE OF RETIREMENT OF CERTAIN RE- ‘‘(B) in the case of officers to be retired in Secretary in making the certification.
SERVE OFFICERS AND OFFICERS IN TEMPORARY the grade of lieutenant colonel or colonel in ‘‘(4) CONSTRUCTION WITH OTHER NOTICE.—In
GRADES.—A reserve officer, or an officer ap- the Army, Air Force, or Marine Corps, com- the case of an officer under paragraph (1) to
pointed to a position under section 601 of mander or captain in the Navy, or an equiva- whom a reduction in the service-in-grade re-
this title, who is notified that the officer will lent grade in the Space Force, the number quirement under subsection (b)(1) or waiver
be released from active duty without the of- equal to four percent of the authorized ac- under subsection (b)(3) applies, the require-
ficer’s consent and thereafter requests re- tive-duty strength for that fiscal year for of- ment for notification under subsection (b)(6)
tirement under section 7311, 8323, or 9311 of ficers of that armed force in the applicable is satisfied if the notification is included in
this title and is retired pursuant to that re- grade; or the certification submitted by the Secretary
quest is considered for purposes of this sec- ‘‘(C) in the case of officers to be retired in of Defense under paragraph (1).
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 retary of the military department concerned
case of an officer to be retired in a grade
Force, or Marine Corps, lieutenant in the may—
that is a general or flag officer grade, or an
Navy, or the equivalent grade in the Space ‘‘(A) conditionally determine the highest
equivalent grade in the Space Force, who is
Force, a commissioned officer of the Army, permanent grade of satisfactory service on
eligible to retire in that grade only by rea-
Navy, Air Force, Marine Corps, or Space active duty of the officer pending completion
son of an exercise of the authority in para-
Force must have served on active duty in of the investigation or resolution of the per-
graph (1) to reduce the service-in-grade re-
that grade for a period of not less than three sonnel action, as applicable; and
quirement in that paragraph, or the author-
years, except that— ‘‘(B) retire the officer in that conditional
ity in paragraph (3) to waive that require-
‘‘(A) subject to subsection (c), the Sec- grade, subject to subsection (e).
ment, the Secretary of Defense or the Presi-
retary of Defense may reduce such period to ‘‘(2) OFFICERS IN O–9 AND O–10 GRADES.—
a period of not less than two years for any dent, as applicable, shall, not later than 60 When an officer described by subsection
officer; and days prior to the date on which the officer (c)(1) is under investigation for alleged mis-
‘‘(B) in the case of an officer to be retired will be retired in that grade, notify the Com- conduct or pending the disposition of an ad-
in a grade at or below the grade of major mittees on Armed Services of the Senate and verse personnel action at the time of retire-
general in the Army, Air Force, or Marine the House of Representatives of the exercise ment, the Secretary of Defense may—
Corps, rear admiral in the Navy, or an equiv- of the applicable authority with respect to ‘‘(A) conditionally determine the highest
alent grade in the Space Force, the Sec- that officer. permanent grade of satisfactory service on
retary of Defense may authorize the Sec- ‘‘(7) RETIREMENT IN NEXT LOWEST GRADE active duty of the officer, pending comple-
retary of the military department concerned FOR OFFICERS NOT MEETING REQUIREMENT.—An
tion of the investigation or personnel action,
to reduce such period to a period of not less officer described in paragraph (1) whose as applicable; and
than two years. length of service in the highest grade held by ‘‘(B) retire the officer in that conditional
‘‘(2) LIMITATION ON DELEGATION.—The au- the officer while on active duty does not grade, subject to subsection (e).
thority of the Secretary of Defense in sub- meet the period of the service-in-grade re- ‘‘(3) REDUCTION OR WAIVER OF SERVICE-IN-
paragraph (A) of paragraph (1) may not be quirement applicable to the officer under GRADE REQUIREMENT PROHIBITED FOR GEN-
delegated. The authority of the Secretary of this subsection shall, subject to subsection ERAL, FLAG, AND EQUIVALENT OFFICER
a military department in subparagraph (B) of (c), be retired in the next lower grade in GRADES.—In conditionally determining the
paragraph (1), as delegated to such Secretary which the officer served on active duty satis- retirement grade of an officer under para-
pursuant to such subparagraph, may not be factorily, as determined by the Secretary of graph (1)(A) or (2)(A) of this subsection to be
further delegated. the military department concerned or the a grade above the grade of colonel in the
‘‘(3) WAIVER OF REQUIREMENT.—Subject to Secretary of Defense, as applicable. Army, Air Force, or Marine Corps, captain in
subsection (c), the President may waive the ‘‘(c) OFFICERS IN O–9 AND O–10 GRADES.— the Navy, or the equivalent grade in the
application of the service-in-grade require- ‘‘(1) IN GENERAL.—An officer of the Army, Space Force, the service-in-grade require-
ment in paragraph (1) to officers covered by Navy, Air Force, Marine Corps, or Space ment in subsection (b)(1) may not be reduced
that paragraph in individual cases involving Force who is serving or has served in a posi- pursuant to subsection (b)(1) or waived pur-
extreme hardship or exceptional or unusual tion of importance and responsibility des- suant to subsection (b)(3).
circumstances. The authority of the Presi- ignated by the President to carry the grade ‘‘(4) PROHIBITION ON DELEGATION.—The au-
dent under this paragraph may not be dele- of lieutenant general or general in the Army, thority of the Secretary of a military depart-
gated. Air Force, or Marine Corps, vice admiral or ment under paragraph (1) may not be dele-
‘‘(4) LIMITATION ON REDUCTION OR WAIVER OF admiral in the Navy, or an equivalent grade gated. The authority of the Secretary of De-
REQUIREMENT FOR OFFICERS UNDER INVESTIGA- in the Space Force under section 601 of this fense under paragraph (2) may not be dele-
TION OR PENDING MISCONDUCT.—In the case of title may be retired in such grade under sub- gated.
an officer to be retired in a grade above the section (a) only after the Secretary of De- ‘‘(e) FINAL RETIREMENT GRADE FOLLOWING
grade of colonel in the Army, Air Force, or fense certifies in writing to the President RESOLUTION OF PENDING INVESTIGATION OR
Marine Corps, captain in the Navy, or the and the Committees on Armed Services of ADVERSE ACTION.—
equivalent grade in the Space Force, the the Senate and the House of Representatives ‘‘(1) NO CHANGE FROM CONDITIONAL RETIRE-
service-in-grade requirement in paragraph that the officer served on active duty satis- MENT GRADE.—If the resolution of an inves-
(1) may not be reduced pursuant to that factorily in such grade. tigation or personnel action with respect to
paragraph, or waived pursuant to paragraph ‘‘(2) PROHIBITION ON DELEGATION.—The au- an officer who has been retired in a condi-
(3), while the officer is under investigation thority of the Secretary of Defense to make tional retirement grade pursuant to sub-
for alleged misconduct or while there is a certification with respect to an officer section (d) results in a determination that
pending the disposition of an adverse per- under paragraph (1) may not be delegated. the conditional retirement grade in which
sonnel action against the officer. ‘‘(3) REQUIREMENTS IN CONNECTION WITH the officer was retired will not be changed,
‘‘(5) GRADE AND FISCAL YEAR LIMITATIONS CERTIFICATION.—A certification with respect the conditional retirement grade of the offi-
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ON REDUCTION OR WAIVER OF REQUIREMENTS.— to an officer under paragraph (1) shall— cer shall, subject to paragraph (3), be the
The aggregate number of members of an ‘‘(A) be submitted by the Secretary of De- final retired grade of the officer.
armed force in a grade for whom reductions fense such that it is received by the Presi- ‘‘(2) CHANGE FROM CONDITIONAL RETIREMENT
are made under paragraph (1), and waivers dent and the Committees on Armed Services GRADE.—If the resolution of an investigation
are made under paragraph (3), in a fiscal year of the Senate and the House of Representa- or personnel action with respect to an officer
may not exceed— tives not later than 60 days prior to the date who has been retired in a conditional retire-
‘‘(A) in the case of officers to be retired in on which the officer will be retired in the ment grade pursuant to subsection (d) re-
a grade at or below the grade of major in the grade concerned; sults in a determination that the conditional
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November 16, 2020 CONGRESSIONAL RECORD — SENATE S6757
retirement grade in which the officer was re- for purposes of a determination or action ‘‘§ 1370a. Officers entitled to retired pay for
tired should be changed, the changed retire- specified in this subsection is— non-regular service
ment grade shall be the final retired grade of ‘‘(A) the Secretary of the military depart-
the officer under this section, except that if ment concerned, in the case of an officer re- ‘‘(a) RETIREMENT IN HIGHEST GRADE HELD
the final retirement grade provided for an of- tired in a grade at or below the grade of SATISFACTORILY.—Unless entitled to a dif-
ficer pursuant to this paragraph is the grade major general in the Army, Air Force, or ferent grade, or to credit for satisfactory
of lieutenant general or general in the Army, Marine Corps, rear admiral in the Navy, or service in a different grade under some other
Air Force, or Marine Corps, vice admiral or the equivalent grade in the Space Force; or provision of law, a person who is entitled to
admiral in the Navy, or an equivalent grade ‘‘(B) the Secretary of Defense, in the case retired pay under chapter 1223 of this title
in the Space Force, the requirements in sub- of an officer retired in a grade of lieutenant shall, upon application under section 12731 of
section (c) shall apply in connection with the general or general in the Army, Air Force, or this title, be credited with satisfactory serv-
retirement of the officer in such final retire- Marine Corps, vice admiral or admiral in the ice in the highest permanent grade in which
ment grade. Navy, or an equivalent grade in the Space that person served satisfactorily at any time
‘‘(3) RECALCULATION OF RETIRED PAY.— Force. in the armed forces, as determined by the
‘‘(A) IN GENERAL.—If the final retired grade ‘‘(4) NOTICE AND LIMITATION.—If a final de- Secretary of the military department con-
of an officer is as a result of a change under termination of the retired grade of an officer cerned in accordance with this section.
paragraph (2), the retired pay of the officer is reopened in accordance with paragraph (2), ‘‘(b) SERVICE-IN-GRADE REQUIREMENT FOR
under chapter 71 of this title shall be recal- the applicable Secretary— OFFICERS IN GRADES BELOW O–5.—In order to
culated accordingly, with any modification ‘‘(A) shall notify the officer of the reopen- be credited with satisfactory service in an of-
of the retired pay of the officer to go into ef- ing; and ficer grade (other than a warrant officer
fect as of the date of the retirement of the ‘‘(B) may not make an adverse determina- grade) below the grade of lieutenant colonel
officer. tion on the retired grade of the officer until or commander (in the case of the Navy), a
‘‘(B) PAYMENT OF HIGHER AMOUNT FOR PE- the officer has had a reasonable opportunity person covered by subsection (a) must have
RIOD OF CONDITIONAL RETIREMENT GRADE.—If to respond regarding the basis for the re- served satisfactorily in that grade (as deter-
the recalculation of the retired pay of an of- opening of the officer’s retired grade. mined by the Secretary of the military de-
ficer results in an increase in retired pay, ‘‘(5) ADDITIONAL NOTICE ON REOPENING FOR partment concerned) as a reserve commis-
the officer shall be paid the amount by which OFFICERS RETIRED IN O–9 AND O–10 GRADES.—If sioned officer in an active status, or in a re-
such increased retired pay exceeded the the determination of the retired grade of an tired status on active duty, for not less than
amount of retired pay paid the officer for re- officer whose retired grade was provided for six months.
tirement in the officer’s conditional grade pursuant to subsection (c) is reopened, the ‘‘(c) SERVICE-IN-GRADE REQUIREMENT FOR
during the period beginning on the date of Secretary of Defense shall also notify the OFFICES IN GRADES ABOVE O–4.—
the retirement of the officer in such condi- President and the Committees on Armed ‘‘(1) IN GENERAL.—In order to be credited
tional grade and ending on the effective date Services of the Senate and the House of Rep- with satisfactory service in an officer grade
of the change of the officer’s retired grade. resentatives. above major or lieutenant commander (in
For an officer whose retired grade is deter- ‘‘(6) MANNER OF MAKING OF CHANGE.—If the the case of the Navy), a person covered by
mined pursuant to subsection (c), the effec- retired grade of an officer is proposed to be subsection (a) must have served satisfac-
tive date of the change of the officer’s re- changed through the reopening of the final torily in that grade (as determined by the
tired grade for purposes of this subparagraph determination of an officer’s retired grade Secretary of the military department con-
shall be the date that is 60 days after the under this subsection, the change in grade cerned) as a reserve commissioned officer in
date on which the Secretary of Defense sub- shall be made— an active status, or in a retired status on ac-
mits to the Committees on Armed Services ‘‘(A) in the case of an officer whose retired tive duty, for not less than three years.
of the Senate and the House of Representa- grade is to be changed to a grade at or below ‘‘(2) SATISFACTION OF REQUIREMENT BY CER-
tives the certification required by subsection the grade of major general in the Army, Air TAIN OFFICERS NOT COMPLETING THREE
(c) in connection with the retired grade of Force or Marine Corps, rear admiral in the YEARS.—A person covered by paragraph (1)
the officer. Navy, or the equivalent grade in the Space who has completed at least six months of
‘‘(C) RECOUPMENT OF OVERAGE DURING PE- Force, in accordance with subsections (a) satisfactory service in grade may be credited
RIOD OF CONDITIONAL RETIREMENT GRADE.—If and (b)— with satisfactory service in the grade in
the recalculation of the retired pay of an of- ‘‘(i) by the Secretary of Defense (who may which serving at the time of transfer or dis-
ficer results in a decrease in retired pay, delegate such authority only as authorized charge, notwithstanding failure of the person
there shall be recouped from the officer the by clause (ii)); or to complete three years of service in that
amount by which the amount of retired pay ‘‘(ii) if authorized by the Secretary of De- grade, if the person is transferred from an
paid the officer for retirement in the offi- fense, by the Secretary of the military de- active status or discharged as a reserve com-
cer’s conditional grade exceeded such de- partment concerned (who may not further missioned officer—
creased retired pay during the period begin- delegate such authority); ‘‘(A) solely due to the requirements of a
ning on the date of the retirement of the of- ‘‘(B) in the case of an officer whose retired nondiscretionary provision of law requiring
ficer in such conditional grade and ending on grade is to be changed to the grade of lieu- that transfer or discharge due to the person’s
the effective date of the change of the offi- tenant general or general in the Army, Air age or years of service; or
cer’s retired grade. Force, or Marine Corps, vice admiral or ad- ‘‘(B) because the person no longer meets
‘‘(f) FINALITY OF RETIRED GRADE DETER- miral in the Navy, or an equivalent grade in the qualifications for membership in the
MINATIONS.— the Space Force, by the President, by and Ready Reserve solely because of a physical
‘‘(1) IN GENERAL.—Except for a conditional with the advice and consent of the Senate. disability, as determined, at a minimum, by
determination authorized by subsection (d), ‘‘(7) RECALCULATION OF RETIRED PAY.—If a medical evaluation board and at the time
a determination of the retired grade of an of- the final retired grade of an officer is of such transfer or discharge the person (pur-
ficer pursuant to this section is administra- changed through the reopening of the offi- suant to section 12731b of this title or other-
tively final on the day the officer is retired, cer’s retired grade under this subsection, the wise) meets the service requirements estab-
and may not be reopened, except as provided retired pay of the officer under chapter 71 of lished by section 12731(a) of this title for eli-
in paragraph (2). this title shall be recalculated. Any modi- gibility for retired pay under chapter 1223 of
‘‘(2) REOPENING.—A final determination of fication of the retired pay of the officer as a this title, unless the disability is described
the retired grade of an officer may be re- result of the change shall go into effect on in section 12731b of this title.
opened as follows: the effective date of the change of the offi- ‘‘(3) REDUCTION IN SERVICE-IN-GRADE RE-
‘‘(A) If the retirement or retired grade of cer’s retired grade, and the officer shall not QUIREMENTS.—
the officer was procured by fraud. be entitled or subject to any changed ‘‘(A) OFFICERS IN GRADES BELOW GENERAL
‘‘(B) If substantial evidence comes to light amount of retired pay for any period before AND FLAG OFFICER GRADES.—In the case of a
after the retirement that could have led to such effective date. An officer whose retired person to be retired in a grade below briga-
determination of a different retired grade grade is changed as provided in paragraph dier general or rear admiral (lower half) in
under this section if known by competent (6)(B) shall not be entitled or subject to a the Navy, the Secretary of Defense may au-
authority at the time of retirement. change in retired pay for any period before thorize the Secretary of a military depart-
‘‘(C) If a mistake of law or calculation was the date on which the Senate provides advice ment to reduce, subject to subparagraph (B),
made in the determination of the retired and consent for the retirement of the officer the three-year period of service-in-grade re-
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grade. in such grade. quired by paragraph (1) to a period not less
‘‘(D) If the applicable Secretary deter- ‘‘(g) HIGHEST PERMANENT GRADE DE- than two years. The authority of the Sec-
mines, pursuant to regulations prescribed by FINED.—In this section, the term ‘highest retary of a military department under this
the Secretary of Defense, that good cause ex- permanent grade’ means a grade at or below subparagraph may not be delegated.
ists to reopen the determination of retired the grade of major general in the Army, Air ‘‘(B) LIMITATION.—The number of reserve
grade. Force, or Marine Corps, rear admiral in the commissioned officers of an armed force in
‘‘(3) APPLICABLE SECRETARY.—For purposes Navy, or an equivalent grade in the Space the same grade for whom a reduction is made
of this subsection, the applicable Secretary Force. under subparagraph (A) during any fiscal
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S6758 CONGRESSIONAL RECORD — SENATE November 16, 2020
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 ‘‘(f) FINAL RETIREMENT GRADE FOLLOWING
strength authorized for that fiscal year for found qualified for Federal recognition in a RESOLUTION OF PENDING INVESTIGATION OR
reserve commissioned officers of that armed higher grade by a board under section 307 of ADVERSE ACTION.—The final retirement
force in an active status in that grade. title 32, serves in a position for which that grade under this section of a person de-
‘‘(C) OFFICERS IN GENERAL AND FLAG OFFI- grade is the minimum authorized grade and scribed in subsection (e) following resolution
CERS GRADES.—The Secretary of Defense may is appointed as a reserve officer in that grade of the investigation or personnel action con-
reduce the three-year period of service-in- may be credited for the purposes of para- cerned is the final retirement grade provided
grade required by paragraph (1) to a period graph (1) as having served in that grade. The for by section 1370(e) of this title. In the ap-
not less than two years for any person, in- period of the service for which credit is af- plication of such section 1370(e) for purposes
cluding a person who, upon transfer to the forded under the preceding sentence may be of this subsection, any reference to a provi-
Retired Reserve or discharge, is to be cred- only the period for which the person served sion of section 1370 of this title shall be
ited with satisfactory service in a general or in the position after the Senate provides ad- deemed to be a reference to the analogous
flag officer grade under that paragraph. The vice and consent for the appointment. provision of this section. In the application
authority of the Secretary of Defense under ‘‘(8) RETIREMENT IN NEXT LOWEST GRADE of paragraph (3) of such section 1370e(e) for
this subparagraph may not be delegated. FOR OFFICERS NOT MEETING SERVICE-IN-GRADE purposes of this subsection, the reference to
‘‘(D) NOTICE TO CONGRESS ON REDUCTION IN REQUIREMENTS.—A person whose length of ‘chapter 71’ of this title shall be deemed to
SERVICE-IN-GRADE REQUIREMENTS FOR GEN- service in the highest grade held does not be a reference to ‘chapter 1223 of this title’.
ERAL AND FLAG OFFICER GRADES.—In the case meet the service-in-grade requirements spec- ‘‘(g) FINALITY OF RETIRED GRADE DETER-
of a person to be credited under this section ified in this subsection shall be credited with MINATIONS.—
with satisfactory service in a grade that is a satisfactory service in the next lower grade ‘‘(1) IN GENERAL.—Except for a conditional
general or flag officer grade who is eligible in which that person served satisfactorily (as determination authorized by subsection (e),
to be credited with such service in that grade determined by the Secretary of the military a determination of the retired grade of a per-
only by reason of an exercise of authority in department concerned) for not less than six son pursuant to this section is administra-
subparagraph (C) to reduce the three-year months. tively final on the day the person is retired,
service-in-grade requirement otherwise ap- ‘‘(d) OFFICERS IN O–9 AND O–10 GRADES.— and may not be reopened.
plicable under paragraph (1), the Secretary ‘‘(1) IN GENERAL.—A person covered by this ‘‘(2) REOPENING.—A determination of the
of Defense shall, not later than 60 days prior section in the Army, Navy, Air Force, or Ma- retired grade of a person may be reopened in
to the date on which the person will be cred- rine Corps who is serving or has served in a accordance with applicable provisions of sec-
ited with such satisfactory service in that position of importance and responsibility tion 1370(f) of this title. In the application of
grade, notify the Committees on Armed designated by the President to carry the such section 1370(f) for purposes of this sub-
Services of the Senate and the House of Rep- grade of lieutenant general or general in the section, any reference to a provision of sec-
resentatives of the exercise of authority in Army, Air Force, or Marine Corps, or vice tion 1370 of this title shall be deemed to be
subparagraph (C) with respect to that per- admiral or admiral in the Navy under sec- a reference to the analogous provision of this
son. tion 601 of this title may be retired in such section. In the application of paragraph (7) of
‘‘(4) OFFICERS SERVING IN GRADES ABOVE O– grade under subsection (a) only after the such section 1370(f) for purposes of this para-
6 INVOLUNTARILY TRANSFERRED FROM ACTIVE Secretary of Defense certifies in writing to graph, the reference to ‘chapter 71 of this
STATUS.—A person covered by paragraph (1) the President and the Committees on Armed
who has completed at least six months of title’ shall be deemed to be a reference to
Services of the Senate and the House of Rep- ‘chapter 1223 of this title’.
satisfactory service in a grade above colonel resentatives that the officer served satisfac-
or (in the case of the Navy) captain and, ‘‘(h) HIGHEST PERMANENT GRADE DE-
torily in such grade. FINED.—In this section, the term ‘highest
while serving in an active status in such ‘‘(2) PROHIBITION ON DELEGATION.—The au-
grade, is involuntarily transferred (other permanent grade’ means a grade at or below
thority of the Secretary of Defense to make
than for cause) from active status may be the grade of major general in the Army, Air
a certification with respect to an officer
credited with satisfactory service in the Force, or Marine Corps or rear admiral in
under paragraph (1) may not be delegated.
grade in which serving at the time of such the Navy.’’.
‘‘(3) REQUIREMENTS IN CONNECTION WITH
transfer, notwithstanding failure of the per- (2) CLERICAL AMENDMENT.—The table of
CERTIFICATION.—A certification with respect
son to complete three years of service in sections at the beginning of chapter 69 of
to an officer under paragraph (1) shall—
that grade. title 10, United States Code, is amended by
‘‘(A) be submitted by the Secretary of De-
‘‘(5) ADJUTANTS AND ASSISTANT ADJUTANTS striking the item relating to section 1370 and
fense such that it is received by the Presi-
GENERAL.—If a person covered by paragraph inserting the following new items:
dent and the Committees on Armed Services
(1) has completed at least six months of sat- ‘‘1370. Regular commissioned officers.
of the Senate and the House of Representa-
isfactory service in grade, the person was ‘‘1370a. Officers entitled to retired pay for
tives not later than 60 days prior to the date
serving in that grade while serving in a posi- non-regular service.’’.
on which the officer will be retired in the
tion of adjutant general required under sec- (b) CONFORMING AND TECHNICAL AMEND-
grade concerned;
tion 314 of title 32 or while serving in a posi- MENTS TO RETIRED GRADE RULES FOR THE
‘‘(B) include an up-to-date copy of the mili-
tion of assistant adjutant general subordi- ARMED FORCES.—
tary biography of the officer; and
nate to such a position of adjutant general, (1) RETIRED PAY.—Title 10, United States
‘‘(C) include the statement of the Sec-
and the person has failed to complete three Code, is amended as follows:
retary as to whether or not potentially ad-
years of service in that grade solely because (A) In section 1406(b)(2), by striking ‘‘sec-
verse, adverse, or reportable information re-
the person’s appointment to such position tion 1370(d)’’ and inserting ‘‘section 1370a’’.
garding the officer was considered by the
has been terminated or vacated as described (B) In section 1407(f)(2)(B), by striking ‘‘by
Secretary in making the certification.
in section 324(b) of such title, the person may reason of denial of a determination or cer-
‘‘(4) CONSTRUCTION WITH OTHER NOTICE.—In
be credited with satisfactory service in that tification under section 1370’’ and inserting
the case of an officer under paragraph (1)
grade, notwithstanding the failure of the ‘‘pursuant to section 1370 or 1370a’’.
who is eligible to be credited with service in
person to complete three years of service in (2) ARMY.—Section 7341 of such title is
a grade only by reason of the exercise of the
that grade. amended—
authority in subsection (c)(3)(C) to reduce
‘‘(6) OFFICERS RECOMMENDED FOR PRO- (A) by striking subsection (a) and inserting
the three-year service-in-grade requirement
MOTION SERVING IN CERTAIN GRADE BEFORE the following new subsection (a):
under subsection (c)(1), the requirement for
PROMOTION.—To the extent authorized by the ‘‘(a)(1) The retired grade of a regular com-
notification under subsection (c)(3)(D) is sat-
Secretary of the military department con- missioned officer of the Army who retires
isfied if the notification is included in the
cerned, a person who, after having been rec- other than for physical disability is deter-
certification submitted by the Secretary of
ommended for promotion in a report of a mined under section 1370 of this title.
Defense under paragraph (1).
promotion board but before being promoted ‘‘(e) CONDITIONAL RETIREMENT GRADE AND ‘‘(2) The retired grade of a reserve commis-
to the recommended grade, served in a posi- RETIREMENT FOR OFFICERS UNDER INVESTIGA- sioned officer of the Army who retires other
tion for which that grade is the minimum TION FOR MISCONDUCT OR PENDING ADVERSE than for physical disability is determined
authorized grade may be credited for pur- PERSONNEL ACTION.—The retirement grade, under section 1370a of this title.’’; and
poses of paragraph (1) as having served in and retirement, of a person covered by this (B) in subsection (b)—
that grade for the period for which the per- (i) by striking ‘‘he’’ and inserting ‘‘the
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section who is under investigation for al-
son served in that position while in the next leged misconduct or pending the disposition member’’; and
lower grade. The period credited may not in- of an adverse personnel action at the time of (ii) by striking ‘‘his’’ and inserting ‘‘the
clude any period before the date on which retirement is as provided for by section member’s’’.
the Senate provides advice and consent for 1370(d) of this title. In the application of (3) NAVY AND MARINE CORPS.—Such title is
the appointment of that person in the rec- such section 1370(d) for purposes of this sub- further amended as follows:
ommended grade. section, any reference ‘active duty’ shall be (A) In section 8262(a), by striking ‘‘sections
‘‘(7) OFFICERS QUALIFIED FOR FEDERAL REC- deemed not to apply, and any reference to a 689 and 1370’’ and inserting ‘‘section 689, and
OGNITION SERVING IN CERTAIN GRADE BEFORE provision of section 1370 of this title shall be section 1370 or 1370a (as applicable),’’.
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November 16, 2020 CONGRESSIONAL RECORD — SENATE S6759
(B) In section 8323(c), by striking ‘‘section The limitations of this section do not apply spectively,’’ and inserting ‘‘Certificate of
1370 of this title’’ and inserting ‘‘section 1370 to a reserve general or flag officer who— Military Serve’’.
or 1370a of this title, as applicable’’. ‘‘(1) is on active duty for training; or (3) REFERENCES.—Any reference in a law,
(4) AIR FORCE AND SPACE FORCE.—Section ‘‘(2) is on active duty under a call or order regulation, document, paper, or other record
9341 of such title is amended— specifying a period of less than 180 days.’’. of the United States to Department of De-
(A) by striking subsection (a) and inserting Subtitle C—General Service Authorities fense Form DD 214, the Certificate of Release
the following new subsection (a): or Discharge from Active Duty, shall be
SEC. 516. INCREASED ACCESS TO POTENTIAL RE-
‘‘(a)(1) The retired grade of a regular com- deemed to be a reference to the Certificate of
CRUITS.
missioned officer of the Air Force or the Military Service.
Space Force who retires other than for phys- (a) SECONDARY SCHOOLS.—Section 503(c)(1)
(4) TECHNICAL AMENDMENTS.—Such section
ical disability is determined under section of title 10, United States Code, is amended—
1168(a) is further amended—
1370 of this title. (1) in subparagraph (A)—
(A) by striking ‘‘until his’’ and inserting
‘‘(2) The retired grade of a reserve commis- (A) in clause (i), by striking ‘‘and’’ at the
‘‘until the member’s’’;
sioned officer of the Air Force or the Space end;
(B) by striking ‘‘his final pay’’ and insert-
Force who retires other than for physical (B) in clause (ii), by striking ‘‘and tele-
ing ‘‘the member’s final pay’’; and
disability is determined under section 1370a phone listings,’’ and all that follows through
(C) by striking ‘‘him or his next of kin’’
of this title.’’; and the period at the end and inserting ‘‘elec-
and inserting ‘‘the member or the member’s
(B) in subsection (b)— tronic mail addresses, home telephone num-
next of kin’’.
(i) by inserting ‘‘or a Regular or Reserve of bers, and mobile telephone numbers, not-
(5) EFFECTIVE DATES.—
the Space Force’’ after ‘‘Air Force’’; withstanding subsection (a)(5)(B) or (b) of
(A) IN GENERAL.—Except as provided in
(ii) by striking ‘‘he’’ and inserting ‘‘the section 444 of the General Education Provi-
subparagraph (B), this subsection and the
member’’; and sions Act (20 U.S.C. 1232g); and’’; and
amendments made by this subsection shall
(iii) by striking ‘‘his’’ and inserting ‘‘the (C) by adding at the end the following new
take effect on the date provided for in sub-
member’s’’. clause:
section (d) of section 569 of the National De-
(5) RESERVE OFFICERS.—Section 12771 of ‘‘(iii) shall provide information requested
fense Authorization Act for Fiscal Year 2020
such title is amended— pursuant to clause (ii) within a reasonable
(Public Law 116–92), as redesignated by sub-
(A) in subsection (a), by striking ‘‘section period of time, but in no event later than 60
section (b)(1)(B) of this section.
1370(d)’’ and inserting ‘‘section 1370a of this days after the date of the request.’’; and
(B) TECHNICAL AMENDMENTS.—The amend-
title’’; and (2) in subparagraph (B), by striking ‘‘and
ments made by paragraph (4) of this sub-
(B) in subsection (b)(1), by striking ‘‘sec- telephone listing’’ and inserting ‘‘electronic
section shall take effect on the date of the
tion 1370(d)’’ and inserting ‘‘section 1370a’’. mail address, home telephone number, or
enactment of this Act.
(c) OTHER REFERENCES.—In the determina- mobile telephone number’’.
tion of the retired grade of a commissioned (b) INSTITUTIONS OF HIGHER EDUCATION.— (b) ADDITIONAL REQUIREMENTS.—
officer of the Armed Forces entitled to re- Section 983(b) of such title is amended— (1) IN GENERAL.—Section 569 of the Na-
tired pay under chapter 1223 of title 10, (1) in paragraph (1), by striking ‘‘or’’ at the tional Defense Authorization Act for Fiscal
United States Code, who retires after the end; Year 2020 is amended—
date of the enactment of this Act, any ref- (2) in paragraph (2)— (A) in subsection (a)—
erence in a provision of law or regulation to (A) in subparagraph (A), by striking ‘‘and (i) by redesignating paragraphs (1) and (2)
section 1370 of title 10, United States Code, telephone listings’’ and inserting ‘‘electronic as paragraphs (2) and (4), respectively;
in such determination with respect to such mail addresses, home telephone numbers, (ii) by inserting before paragraph (2), as re-
officer shall be deemed to be a reference to and mobile telephone numbers, which infor- designated by clause (i), the following new
section 1370a of title 10, United States Code mation shall be made available not later paragraph (1);
(as amended by subsection (a)). than 60 days after the start of classes for the ‘‘(1) redesignate such form as the Certifi-
SEC. 508. REPEAL OF AUTHORITY FOR ORIGINAL current semester or not later than 60 days cate of Military Service;’’.
APPOINTMENT OF REGULAR NAVY after the date of a request, whichever is (iii) in paragraph (2), as so redesignated, by
OFFICERS DESIGNATED FOR ENGI- striking ‘‘and’’ at the end; and
later’’; and
NEERING DUTY, AERONAUTICAL EN-
GINEERING DUTY, AND SPECIAL (B) in subparagraph (B), by striking the pe- (iv) by inserting after paragraph (2), as so
DUTY. riod at the end and inserting ‘‘; or’’; and redesignated, the following new paragraph:
(a) REPEAL.—Section 8137 of title 10, (3) by adding at the end the following new ‘‘(3) provide for a standard total force
United States Code, is repealed. paragraph: record of military service for all members of
(b) CLERICAL AMENDMENT.—The table of ‘‘(3) access by military recruiters for pur- the Armed Forces, including member of the
sections at the beginning of chapter 815 of poses of military recruiting to lists of stu- reserve components, that summarizes the
such title is amended by striking the item dents (who are 17 years of age or older) not record of service for each member; and’’;
relating to section 8137. returning to the institution after having (B) by redesignating subsections (b) and (c)
Subtitle B—Reserve Component Management been enrolled during the previous semester, as subsections (d) and (e), respectively;
together with student recruiting information (C) by inserting after subsection (a) the fol-
SEC. 511. EXCLUSION OF CERTAIN RESERVE GEN-
ERAL AND FLAG OFFICERS ON AC- and the reason why the student did not re- lowing new subsections:
TIVE DUTY FROM LIMITATIONS ON turn, if collected by the institution.’’. ‘‘(b) ISSUANCE TO RESERVES.—The Sec-
AUTHORIZED STRENGTHS. SEC. 517. TEMPORARY AUTHORITY TO ORDER RE- retary of Defense shall provide for the
(a) DUTY FOR CERTAIN RESERVE OFFICERS TIRED MEMBERS TO ACTIVE DUTY issuance of the Certificate of Military Serv-
UNDER JOINT DUTY LIMITED EXCLUSION.— IN HIGH-DEMAND, LOW-DENSITY AS-
SIGNMENTS DURING WAR OR NA-
ice, as modified pursuant to subsection (a),
Subsection (b) of section 526a of title 10, to members of the reserve components of the
United States Code, is amended by adding at TIONAL EMERGENCY.
Section 688a of title 10, United States Code, Armed Forces at such times during their
the end the following new paragraph: military service as is appropriate to facili-
‘‘(3) DUTY FOR CERTAIN RESERVE OFFICERS.— is amended—
(1) by redesignating subsection (g) as sub- tate their access to benefits under the laws
Of the officers designated pursuant to para- administered by the Secretary of Veterans
graph (1), the Chairman of the Joint Chiefs section (h); and
(2) by inserting after subsection (f) the fol- Affairs.
of Staff may designate up to 15 general and
flag officer positions in the unified and speci- lowing new subsection (g): ‘‘(c) COORDINATION.—In carrying out this
fied combatant commands, and up to three ‘‘(g) EXCEPTIONS DURING PERIODS OF WAR section, the Secretary of Defense shall co-
general and flag officer positions on the OR NATIONAL EMERGENCY.—The limitations ordinate with the Secretary of Veterans Af-
Joint Staff, as positions to be held only by in subsections (c) and (f) shall not apply dur- fairs to ensure that the Certificate of Mili-
reserve officers who are in a general or flag ing a time of war or of national emergency tary Service, as modified pursuant to sub-
officer grade below lieutenant general or declared by Congress or the President.’’. section (a), is recognized as the Certificate of
vice admiral. Each position so designated SEC. 518. CERTIFICATE OF RELEASE OR DIS- Military Service referred to in section 1168(a)
shall be considered to be a joint duty assign- CHARGE FROM ACTIVE DUTY (DD of title 10, United States Code, and for the
ment position for purposes of chapter 38 of FORM 214) MATTERS. purposes of establishing eligibility for appli-
this title.’’. (a) REDESIGNATION AS CERTIFICATE OF MILI- cable benefits under the laws administered
(b) RESERVE OFFICERS ON ACTIVE DUTY FOR TARY SERVICE.— by the Secretary of Veterans Affairs.’’; and
(1) IN GENERAL.—Department of Defense (D) in subsection (d), as redesignated by
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TRAINING OR FOR LESS THAN 180 DAYS.—Such
section is further amended— Form DD 214, the Certificate of Release or subparagraph (B), by striking ‘‘a revised Cer-
(1) by redesignating subsections (c) Discharge from Active Duty, is hereby redes- tificate of Release or Discharge from Active
through (h) as subsections (d) through (i), re- ignated as the Certificate of Military Serv- Duty (DD Form 214), modified’’ and inserting
spectively; and ice. ‘‘the Certificate of Military Service, as modi-
(2) by inserting after subsection (b) the fol- (2) CONFORMING AMENDMENT.—Section fied’’.
lowing new subsection: 1168(a) of title 10, United States Code, is (2) CONFORMING AMENDMENT.—The heading
‘‘(c) RESERVE OFFICERS ON ACTIVE DUTY amended by striking ‘‘discharge certificate of such section 569 is amended to read as fol-
FOR TRAINING OR FOR LESS THAN 180 DAYS.— or certificate of release from active duty, re- lows:
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S6760 CONGRESSIONAL RECORD — SENATE November 16, 2020
‘‘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;
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;
(G) Recommendations to increase minority (2) ELEMENTS.—The report required by (H) an member of the academic community
participation in covered units. paragraph (1) shall include the following: with expertise in diversity studies; and
(H) Any other matters the Secretary deter- (A) The mission statement or purpose of (I) an individual with appropriate expertise
mines appropriate. the Advisory Committee, and any proposed in diversity and inclusion;
(3) REPORT TO CONGRESS.—The Secretary objectives and goals of the Advisory Com- (2) should include individuals from a vari-
shall— mittee. ety of military career paths, including—
(A) submit to the congressional defense (B) A description of current members of (A) aviation;
committees a report on the results of the the Advisory Committee and the criteria (B) special operations;
study by not later than January 1, 2022; and used for selecting members. (C) intelligence;
(B) provide interim briefings to such com- (C) A description of the duties and scope of (D) cyber;
mittees upon request. activities of the Advisory Committee. (E) space; and
(c) DESIGNATION.—The study conducted (D) The reporting structure of the Advi- (F) surface warfare;
under subsection (b) shall be known as the sory Committee. (3) should have a membership such that
‘‘Study on Reducing Barriers to Minority (E) An estimate of the annual operating not fewer than 20 percent of members pos-
Participation in Elite Units in the Armed costs and staff years of the Advisory Com- sess—
Services’’. mittee. (A) a firm understanding of the role of
(d) IMPLEMENTATION PLAN.—The Secretary (F) An estimate of the number and fre- mentorship and best practices in finding and
shall submit to the congressional defense quency of meetings of the Advisory Com- utilizing mentors;
committees a report setting forth an imple- mittee. (B) experience and expertise in change of
mentation plan for the recommendations (G) Any subcommittees, established or pro- culture of large organizations; or
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that the Secretary implements under this posed, that would support the Advisory Com- (C) experience and expertise in implemen-
section, including— mittee. tation science; and
(1) the response of the Secretary to each (H) Such recommendations for legislative (4) should focus on objectives that ad-
such recommendation; or administrative action as the Secretary dress—
(2) a summary of actions the Secretary has considers appropriate to extend the term of (A) barriers to promotion within the
carried out, or intends to carry out, to im- the Advisory Committee beyond the pro- Armed Forces, including development of rec-
plement such recommendations, as appro- posed termination date of the Advisory Com- ommendations on mechanisms to enhance
priate; and mittee. and increase racial diversity and ensure
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November 16, 2020 CONGRESSIONAL RECORD — SENATE S6761
equal opportunity across all grades in the (1) IN GENERAL.—Not later than June 30, (5) An assessment of the feasibility of pro-
Armed Forces; 2021, the Secretary of Defense shall conduct viding cross-service Special Victims’ Counsel
(B) participation of minority officers and a survey regarding the ability of Sexual As- representation in instances where a Special
senior noncommissioned officers in the sault Response Coordinators and Sexual As- Victims’ Counsel from a different Armed
Armed Forces, including development of rec- sault Prevention and Response Victim Advo- Force is co-located with a victim at a remote
ommendations on mechanisms to enhance cates to perform their duties. base.
and increase such participation; (2) ELEMENTS.—The survey required under SEC. 525. ACCOUNTABILITY OF LEADERSHIP OF
(C) recruitment of minority candidates for paragraph (1) shall assess— THE DEPARTMENT OF DEFENSE FOR
innovative pre-service programs in the Jun- (A) the current state of support provided to DISCHARGING THE SEXUAL HARASS-
ior Reserve Officers’ Training Corps Sexual Assault Response Coordinators and MENT POLICIES AND PROGRAMS OF
(JROTC), Senior Reserve Officers’ Training THE DEPARTMENT.
Sexual Assault Prevention and Response
Corps (SROTC), and military service acad- Victim Advocates, including— (a) STRATEGY ON HOLDING LEADERSHIP AC-
emies, including programs in connection COUNTABLE REQUIRED.—The Secretary of De-
(i) perceived professional or other reprisal
with flight instruction, special operations, or retaliation; and fense shall develop and implement Depart-
and national security, including develop- (ii) access to sufficient physical and men- ment of Defense-wide a strategy to hold indi-
ment of recommendations on mechanisms to tal health services as a result of the nature viduals in positions of leadership in the De-
enhance and increase such recruitment; of their work; partment (including members of the Armed
(D) retention of minority individuals in (B) the ability of Sexual Assault Response Forces and civilians) accountable for the
senior leadership and mentorship positions Coordinators and Sexual Assault Prevention promotion, support, and enforcement of the
in the Armed Forces, including development and Response Victim Advocates to contact policies and programs of the Department on
of recommendations on mechanisms to en- and access their installation commander or sexual harassment.
hance and increase such retention; and (b) OVERSIGHT FRAMEWORK.—
unit commander;
(E) achievement of cultural and ethnic di- (1) IN GENERAL.—The strategy required by
(C) the ability of Sexual Assault Response
versity in recruitment for the Armed Forces, subsection (a) shall provide for an oversight
Coordinators and Sexual Assault Prevention
including development of recommendations framework for the efforts of the Department
and Response Victim Advocates to contact
on mechanisms to enhance and increase such of Defense to promote, support, and enforce
and access the immediate commander of vic-
diversity in recruitment. the policies and programs of the Department
tims and alleged offenders;
on sexual harassment.
Subtitle D—Military Justice and Related (D) the responsiveness and receptiveness of
(2) ELEMENTS.—The oversight framework
Matters commanders to the Sexual Assault Response
required by paragraph (1) shall include the
PART I—INVESTIGATION, PROSECUTION, Coordinators;
following:
AND DEFENSE OF SEXUAL ASSAULT AND (E) the support and services provided to
(A) Long-term goals, objectives, and mile-
RELATED MATTERS victims of sexual assault;
stones in connection with the policies and
SEC. 521. MODIFICATION OF TIME REQUIRED FOR (F) the understanding of others of the proc-
programs of the Department on sexual har-
EXPEDITED DECISIONS IN CONNEC- ess and their willingness to assist;
assment.
TION WITH APPLICATIONS FOR (G) the adequacy of the training received
CHANGE OF STATION OR UNIT (B) Strategies to achieve the goals, objec-
by Sexual Assault Response Coordinators
TRANSFER OF MEMBERS WHO ARE tives, and milestones referred to in subpara-
and Sexual Assault Prevention and Response
VICTIMS OF SEXUAL ASSAULT OR graph (A).
Victim Advocates to effectively perform
RELATED OFFENSES. (C) Criteria for assessing progress toward
their duties; and
(a) IN GENERAL.—Section 673(b) of title 10, the achievement of the goals, objectives, and
(H) any other factors affecting the ability
United States Code, is amended by striking milestones referred to in subparagraph (A).
of Sexual Assault Response Coordinators and
‘‘72 hours’’ both places it appears and insert- (D) Criteria for assessing the effectiveness
Sexual Assault Prevention and Response
ing ‘‘five calendar days’’. of the policies and programs of the Depart-
(b) EFFECTIVE DATE.—The amendments Victim Advocates to perform their duties.
ment on sexual harassment.
made by subsection (a) shall take effect on (b) REPORT.—Upon completion of the sur-
(E) Mechanisms to ensure that adequate
the date of the enactment of this Act, and vey required under subsection (a), the Sec-
resources are available to the Office to de-
shall apply to decisions on applications for retary of Defense shall submit to the Com-
velop and discharge the oversight frame-
permanent change of station or unit transfer mittees on Armed Services of the Senate and
work.
made under section 673 of title 10, United the House of Representatives a report on the (c) REPORT.—Not later than one year after
States Code, on or after that date. results of the survey and any actions to be the date of the enactment of this Act, the
SEC. 522. DEFENSE ADVISORY COMMITTEE FOR taken as a result of the survey. Secretary of Defense shall submit to the
THE PREVENTION OF SEXUAL MIS- SEC. 524. BRIEFING ON SPECIAL VICTIMS’ COUN- Committees on Armed Services of the Senate
CONDUCT. SEL PROGRAM.
and the House of Representatives a report on
Section 550B of the National Defense Au- (a) BRIEFING REQUIRED.—Not later than 180 the actions taken to carry out this section,
thorization Act for Fiscal Year 2020 (Public days after the date of the enactment of this including the strategy developed and imple-
Law 116–92) is amended— Act, the Judge Advocates General of the mented pursuant to subsection, and the over-
(1) in subsection (c)(1)(B), by inserting ‘‘, Army, the Navy, the Air Force, and the sight framework developed and implemented
including the United States Coast Guard Coast Guard, and the Staff Judge Advocate pursuant to subsection (b).
Academy,’’ after ‘‘academy’’; to the Commandant of the Marine Corps SEC. 526. SAFE-TO-REPORT POLICY APPLICABLE
(2) by redesignating subsections (d), (e), shall each provide to the congressional de- ACROSS THE ARMED FORCES.
and (f) as subsections (e), (f), and (g), respec- fense committees a briefing on the status of (a) IN GENERAL.—The Secretary of Defense
tively; the Special Victims’ Counsel program of the shall, in consultation with the Secretaries of
(3) by inserting after subsection (c) the fol- Armed Force concerned. the military departments, prescribe in regu-
lowing new subsection (d): (b) ELEMENTS.—Each briefing under sub- lations a safe-to-report policy described in
‘‘(d) ADVISORY DUTIES ON COAST GUARD section (a) shall include, with respect to the
ACADEMY.—In providing advice under sub- subsection (b) that applies with respect to all
Special Victims Counsel program of the members of the Armed Forces (including
section (c)(1)(B), the Advisory Committee Armed Force concerned, the following:
shall also advise the Secretary of the Depart- members of the reserve components of the
(1) An assessment of whether the Armed Armed Forces) and cadets and midshipmen
ment in which the Coast Guard is operating
Force is in compliance with the provisions of at the military service academies.
in accordance with this section on policies,
the National Defense Authorization Act for (b) SAFE-TO-REPORT POLICY.—The safe-to-
programs, and practices of the United States
Fiscal Year 2020 (Public Law 116–92) relating report policy described in this subsection is
Coast Guard Academy.’’; and
to the Special Victims Counsel program and, a policy that prescribes the handling of
(4) in subsection (e) and paragraph (2) of
if not, what steps have been taken to achieve minor collateral misconduct involving a
subsection (g), as redesignated by paragraph
compliance with such provisions. member of the Armed Forces who is the al-
(2) of this section, by striking ‘‘the Commit-
(2) An estimate of the average caseload of leged victim of sexual assault.
tees on Armed Services of the Senate and the
each Special Victims’ Counsel. (c) AGGRAVATING CIRCUMSTANCES.—The
House of Representatives’’ each place it ap-
(3) A description of any staffing shortfalls regulations under subsection (a) shall specify
pears and inserting ‘‘the Committees on
in the Special Victims’ Counsel program or aggravating circumstances that increase the
Armed Services and Commerce, Science, and
other programs of the Armed Force resulting gravity of minor collateral misconduct or its
Transportation of the Senate and the Com-
from the additional responsibilities required
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mittees on Armed Services and Transpor- impact on good order and discipline for pur-
of the Special Victims’ Counsel program poses of the safe-to-report policy.
tation and Infrastructure of the House of
under the National Defense Authorization (d) TRACKING OF COLLATERAL MISCONDUCT
Representatives’’.
Act for Fiscal Year 2020. INCIDENTS.—In conjunction with the issuance
SEC. 523. REPORT ON ABILITY OF SEXUAL AS-
SAULT RESPONSE COORDINATORS (4) An explanation of the ability of Special of regulations under subsection (a), Sec-
AND SEXUAL ASSAULT PREVENTION Victims’ Counsel to adhere to requirement retary shall develop and implement a process
AND RESPONSE VICTIM ADVOCATES that a counsel respond to a request for serv- to track incidents of minor collateral mis-
TO PERFORM DUTIES. ices within 72 hours of receiving such re- conduct that are subject to the safe-to-re-
(a) SURVEY.— quest. port policy.
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S6762 CONGRESSIONAL RECORD — SENATE November 16, 2020
(e) DEFINITIONS.—In this section: duty station at which the sexual assault oc- a court-martial with respect to the accused,
(1) The term ‘‘Armed Forces’’ has the curred. unseal privileged or private information of
meaning given that term in section 101(a)(4) ‘‘(B) The percentage of sexual assaults oc- the victim, or result in the release of the ac-
of title 10, United States Code, except such curring while the victim or assailant were on cused.’’.
term does not include the Coast Guard. temporary duty, leave, or otherwise away SEC. 532. CONSIDERATION OF THE EVIDENCE BY
(2) The term ‘‘military service academy’’ from their permanent duty station. COURTS OF CRIMINAL APPEALS.
means the following: ‘‘(C) The number of sexual assaults that in- (a) IN GENERAL.—Section 866 of title 10,
(A) The United States Military Academy. volve an abuse of power by a commander or United States Code (article 66 of the Uniform
(B) The United States Naval Academy. supervisor.’’. Code of Military Justice), is amended—
(C) The United States Air Force Academy. SEC. 529. POLICY ON SEPARATION OF VICTIM (1) by redesignating subsections (e)
(3) The term ‘‘minor collateral mis- AND ACCUSED AT MILITARY SERV- through (j) as subsections (f) through (k), re-
conduct’’ means any minor misconduct that ICE ACADEMIES AND DEGREE- spectively; and
is potentially punishable under chapter 47 of GRANTING MILITARY EDUCATIONAL (2) by inserting after subsection (d) the fol-
title 10, United States Code (the Uniform INSTITUTIONS. lowing new subsection (e):
Code of Military Justice), that— (a) IN GENERAL.—The Secretary of Defense ‘‘(e) CONSIDERATION OF THE EVIDENCE.—
(A) is committed close in time to or during shall, in consultation with the Secretaries of ‘‘(1) IN GENERAL.—In an appeal of a finding
the sexual assault, and directly related to the military departments, the Super- of guilty under subsection (b), the Court of
the incident that formed the basis of the sex- intendent of each military service academy, Criminal Appeals, upon request of the ac-
ual assault allegation; and the head of each degree-granting mili- cused, may consider the weight of the evi-
(B) is discovered as a direct result of the tary educational institution, prescribe in dence upon a specific showing by the accused
report of sexual assault or the ensuing inves- regulations a policy under which association of deficiencies in proof. The Court may set
tigation into the sexual assault; and between a cadet or midshipman of a military aside and dismiss a finding if clearly con-
(C) does not involve aggravating cir- service academy, or a member of the Armed vinced that the finding was against the
cumstances (as specified in the regulations Forces enrolled in a degree-granting mili- weight of the evidence. The Court may af-
prescribed under subsection (c)) that in- tary educational institution, who is the al- firm a lesser finding. A rehearing may not be
crease the gravity of the minor misconduct leged victim of a sexual assault and the ac- ordered.
or its impact on good order and discipline. cused is minimized while both parties com- ‘‘(2) DEFERENCE IN CONSIDERATION.—When
SEC. 527. ADDITIONAL BASES FOR PROVISION OF plete their course of study at the academy or considering a case under subsection (b), the
ADVICE BY THE DEFENSE ADVISORY institution concerned. Court may weigh the evidence and determine
COMMITTEE FOR THE PREVENTION (b) ELEMENTS.—The Secretary of Defense controverted questions of fact, subject to—
OF SEXUAL MISCONDUCT. shall ensure that the policy developed under ‘‘(A) appropriate deference to the fact that
Section 550B(c)(2) of the National Defense subsection (a)— the court-martial saw and heard the wit-
Authorization Act for Fiscal Year 2020 (Pub- (1) is fair to the both the alleged victim
lic Law 116–92) is amended— nesses and other evidence; and
and the accused; ‘‘(B) appropriate deference to findings of
(1) by redesignating subparagraph (C) as (2) provides for the confidentiality of the
subparagraph (E); and fact entered into the record by the military
parties involved; judge.’’.
(2) by inserting after subparagraph (B) the (3) provide that notice of the policy, in- (b) ADDITIONAL QUALIFICATIONS OF APPEL-
following new subparagraphs: cluding the elements of the policy and the LATE MILITARY JUDGES.—Subsection (a) of
‘‘(C) Efforts among private employers to right to opt out of coverage by the policy, is such section (article) is amended—
prevent sexual assault and sexual harass- provided to the alleged victim upon the mak- (1) by inserting ‘‘(1)’’ before ‘‘Each judge’’;
ment among their employees. ing of an allegation of a sexual assault cov- and
‘‘(D) Evidence-based studies on the preven-
ered by the policy; and (2) by adding at the end the following new
tion of sexual assault and sexual harassment
(4) provide an alleged victim the right to paragraph:
in the Armed Forces, institutions of higher
opt out of coverage by the policy in connec- ‘‘(2)(A) In addition to any other qualifica-
education, and the private sector.’’.
tion with such sexual assault. tions specified in paragraph (1), any commis-
SEC. 528. ADDITIONAL MATTERS FOR REPORTS
(c) MILITARY SERVICE ACADEMY DEFINED.— sioned officer assigned as an appellate mili-
OF THE DEFENSE ADVISORY COM-
MITTEE FOR THE PREVENTION OF The term ‘‘military service academy’’ means tary judge to a Court of Criminal Appeals
SEXUAL MISCONDUCT. the following: shall have not fewer than 12 years of experi-
Section 550B(d) of the National Defense (1) The United States Military Academy. ence in military justice assignments before
Authorization Act for Fiscal Year 2020 (Pub- (2) The United States Naval Academy. such assignment, and any civilian so as-
lic Law 116–92) is amended by adding at the (3) The United States Air Force Academy. signed shall have not fewer than 12 years as
end the following: ‘‘The report shall include (4) The United States Coast Guard Acad- a judge or criminal trial attorney before
the following: emy. such assignment.
‘‘(1) A description and assessment of the SEC. 530. BRIEFING ON PLACEMENT OF MEM- ‘‘(B) A Judge Advocate General may waive
extent and effectiveness of the inclusion by BERS OF THE ARMED FORCES IN the requirement in subparagraph (A) in con-
the Armed Forces of sexual assault preven- ACADEMIC STATUS WHO ARE VIC- nection with the assignment of an officer or
tion and response training in leader profes- TIMS OF SEXUAL ASSAULT ONTO civilian as an appellate military judge of a
NON-RATED PERIODS.
sional military education (PME), especially Court of Criminal Appeals if the Judge Advo-
in such education for personnel in junior Not later than 90 days after the date of the cate General determines that compliance
noncommissioned officer grades. enactment of this Act, the Secretary of De- with the requirement in the assignment of
‘‘(2) An assessment of the feasibility of— fense shall brief the Committees on Armed appellate military judges to a Court of
‘‘(A) the screening of recruits before entry Services of the Senate and the House of Rep- Criminal Appeals will impair the ability of
into military service for prior incidents of resentatives on the feasibility and advis- the Court to hear and decide appeals in a
sexual assault and harassment, including ability, and current practice (if any), of the timely manner.
through background checks; and Department of Defense of granting requests ‘‘(C) Not later than 120 days after waiving
‘‘(B) the administration of screening tests by members of the Armed Forces who are in the requirement in subparagraph (A) pursu-
to recruits to assess recruit views and beliefs academic status (whether at the military ant to subparagraph (B), the Judge Advocate
on equal opportunity, and whether such service academies or in developmental edu- General shall notify the congressional de-
views and beliefs are compatible with mili- cation programs) and who are victims of sex- fense committees of the waiver, and include
tary service. ual assault to be placed on a Non-Rated Pe- with the notice an explanation for the short-
‘‘(3) An assessment of the feasibility of riod for their performance report. age of appellate military judges and a plan
conducting exit interviews of members of the PART II—OTHER MILITARY JUSTICE for addressing such shortage.’’.
Armed Forces upon their discharge release MATTERS (c) REVIEW BY FULL COURT OF FINDING OF
from the Armed Forces in order to determine SEC. 531. RIGHT TO NOTICE OF VICTIMS OF OF- CONVICTION AGAINST WEIGHT OF EVIDENCE.—
whether they experienced or witnessed sex- FENSES UNDER THE UNIFORM CODE Subsection (e) of such section (article), as
ual assault or harassment during military OF MILITARY JUSTICE REGARDING amended by subsection (a) of this section, is
service and did not report it, and an assess- CERTAIN POST-TRIAL MOTIONS, FIL- further is amended by adding at the end the
ment of the feasibility of combining such INGS, AND HEARINGS. following new paragraph:
exit interviews with the Catch a Serial Of- Section 806b(a)(2) of title 10, United States ‘‘(3) REVIEW BY FULL COURT OF FINDING OF
Code (article 6b(a)(2)) of the Uniform Code of
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fender (CATCH) Program of the Department CONVICTION AGAINST WEIGHT OF EVIDENCE.—
of Defense. Military Justice), is amended— Any determination by the Court that a find-
‘‘(4) An assessment whether the sexual as- (1) by redesignating subparagraphs (D) and ing was clearly against the weight of the evi-
sault reporting databases of the Department (E) as subparagraphs (E) and (F), respec- dence under paragraph (1) shall be reviewed
are sufficiently anonymized to ensure pri- tively; and by the Court sitting as a whole.’’.
vacy while still providing military leaders (2) by inserting after subparagraph (C) the SEC. 533. PRESERVATION OF RECORDS OF THE
with the information as follows: following new subparagraph (D): MILITARY JUSTICE SYSTEM.
‘‘(A) The approximate length of time the ‘‘(D) A post-trial motion, filing, or hearing Section 940a of title 10, United States Code
victim and the assailant had been at the that may address the finding or sentence of (article 140a of the Uniform Code of Military
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November 16, 2020 CONGRESSIONAL RECORD — SENATE S6763
Justice), is amended by adding at the end the provided to personnel in the military justice (B) Chaplains.
following new subsection: system specified in subsection (b), including (C) Judge advocates.
‘‘(d) PRESERVATION OF RECORDS WITHOUT a description of the support services avail- (D) Such other members of the Armed
REGARD TO OUTCOME.—The standards and cri- able and the support services being used. Forces as the Secretary considers appro-
teria prescribed established by the Secretary (2) A description and assessment of mecha- priate.
of Defense under subsection (a) shall provide nisms to eliminate or reduce stigma in the (2) COMMENCEMENT.—The provision of
for the preservation of records, without re- pursuit by such personnel of such mental training developed under subsection (a) shall
gard to the outcome of the proceeding con- health support. commence not later than one year after the
cerned, for not fewer than 15 years.’’. (3) An assessment of the feasibility and ad- date of the enactment of this Act.
SEC. 534.
COMPTROLLER GENERAL OF THE visability of providing such personnel with
UNITED STATES REPORT ON IMPLE- SEC. 542. ADDITIONAL ELEMENTS WITH 2021 CER-
breaks between assignments or cases as part TIFICATIONS ON THE READY, REL-
MENTATION BY THE ARMED FORCES
of such mental health support in order to re- EVANT LEARNING INITIATIVE OF
OF RECENT GAO RECOMMENDA-
TIONS AND STATUTORY REQUIRE- duce the effects of vicarious trauma. THE NAVY.
MENTS ON ASSESSMENT OF RACIAL, (4) A description and assessment of the ex-
ETHNIC, AND GENDER DISPARITIES tent, if any, to which duty of such personnel (a) ADDITIONAL ELEMENTS.—In submitting
IN THE MILITARY JUSTICE SYSTEM. on particular types of cases, or in particular to Congress in 2021 the certifications re-
(a) REPORT REQUIRED.—The Comptroller caseloads, contributes to vicarious trauma, quired by section 545 of the National Defense
General of the United States shall submit to and of the extent, if any, to which duty on Authorization Act for Fiscal Year 2018 (Pub-
the Committees on Armed Services of the such cases or caseloads has an effect on re- lic Law 115–91; 131 Stat. 1396; 10 U.S.C. 8431
Senate and the House of Representatives a tention of such personnel in the Armed note prec.), relating to the Ready, Relevant
report, in writing, on a study, conducted by Forces. Learning initiative of the Navy, the Sec-
the Comptroller General for purposes of the (5) A description of the extent, if any, to retary of the Navy shall also submit each of
report, on the implementation by the Armed which such personnel are screened or other- the following:
Forces of the following: wise assessed for vicarious trauma before (1) A life cycle sustainment plan for the
(1) The recommendations in the May 2019 discharge or release from the Armed Forces. Ready, Relevant Learning initiative meeting
report of the General Accountability Office (6) Such other matters in connection with the requirements in subsection (b).
entitled ‘‘Military Justice: DOD and the the provision of mental health support for (2) A report on the use of readiness assess-
Coast Guard Need to Improve Their Capabili- vicarious trauma to such personnel as the ment teams in training addressing the ele-
ties to Assess Racial and Gender Disparities’’ Judge Advocates General and the Staff ments specified in subsection (c).
(GAO–19–344). Judge Advocate jointly consider appropriate.
(b) LIFE CYCLE SUSTAINMENT PLAN.—The
(2) Requirements in section 540I(b) of the SEC. 536. GUARDIAN AD LITEM PROGRAM FOR
National Defense Authorization Act for Fis- MINOR DEPENDENTS OF MEMBERS
life cycle sustainment plan required by sub-
cal Year 2020 (Public Law 116–92), relating to OF THE ARMED FORCES. section (a)(1) shall include a description of
assessments covered by such recommenda- Section 540L(b)(1) of the National Defense the approved life cycle sustainment plan for
tions. Authorization Act for Fiscal Year 2020 (Pub- the Ready, Relevant Learning initiative, in-
(b) ELEMENTS.—The report required by sub- lic Law 116–92; 133 Stat. 1373) is amended by cluding with respect to each of the following:
section (a) shall include, for each rec- adding before the period at the end the fol- (1) Product support management.
ommendation and requirement specified in lowing: ‘‘, including an assessment of the (2) Supply support.
that subsection, the following: feasibility and advisability of establishing a (3) Packaging, handling, storage, and
(1) A description of the actions taken or guardian ad litem program for military de- transportation.
planned by the Department of Defense, the pendents living outside the United States’’. (4) Maintenance planning and manage-
military department concerned, or the ment.
Subtitle E—Member Education, Training,
Armed Force concerned to implement such (5) Design interface.
Transition, and Resilience
recommendation or requirement. (6) Sustainment engineering.
SEC. 541. TRAINING ON RELIGIOUS ACCOMMODA- (7) Technical data.
(2) An assessment of the extent to which TION FOR MEMBERS OF THE ARMED
the actions taken to implement such rec- FORCES.
(8) Computer resources.
ommendation or requirement, as described (9) Facilities and infrastructure.
(a) IN GENERAL.—As recommended on page
pursuant to paragraph (1), are effective or (10) Manpower and personnel.
149 of the Report of the Committee on Armed
meet the intended objective. (11) Support equipment.
Services of the Senate to Accompany S. 1519
(3) Any other matters in connection with (12) Training and training support.
(115th Congress) (Senate Report 115–125), the
such recommendation or requirement, and (13) Governance, including the acquisition
Secretary of Defense shall develop and im-
the implementation of such recommendation and program management structure.
plement training on Federal statutes, De-
or requirement by the Armed Forces, that (14) Such other elements in the life cycle
partment of Defense instructions, and the
the Comptroller General considers appro- sustainment of the Ready, Relevant Learn-
regulations of each Armed Force regarding
priate. ing initiative as the Secretary considers ap-
religious liberty and accommodation for
(c) BRIEFINGS.—Not later than May 1, 2021, propriate.
members of the Armed Forces, including the
the Comptroller General shall provide the (c) REPORT ON USE OF READINESS ASSESS-
responsibility of commanders to maintain
committees referred to in subsection (a) one TEAMS.—The report required by sub-
good order and discipline. MENT
or more briefings on the status of the study
(b) CONSULTATION.—The Secretary develop section (a)(2) shall set forth the following:
required by that subsection, including any
and implement the training required by sub- (1) A description and assessment of the ex-
preliminary findings and recommendations
section (a) in consultation with the fol- tent to which the Navy is currently using
of the Comptroller General as a result of the
lowing: Engineering Readiness Assessment Teams
study as of the date of such briefing.
(1) The General Counsel of the Department (ERAT) and Combat Systems Readiness As-
SEC. 535. BRIEFING ON MENTAL HEALTH SUP-
PORT FOR VICARIOUS TRAUMA FOR
of Defense. sessment Teams (CSRAT) to conduct unit-
CERTAIN PERSONNEL IN THE MILI- (2) The Judge Advocate General of the level training and assistance in each capac-
TARY JUSTICE SYSTEM. Army, the Judge Advocate General of the ity as follows:
(a) BRIEFING REQUIRED.—Not later than 180 Navy, and the Judge Advocate General of the (A) To augment non-Ready, Relevant
days after the date of the enactment of this Air Force. Learning initiative training.
Act, the Judge Advocates General of the (3) The Chief of Chaplains of the Army, the (B) As part of Ready, Relevant Learning
Army, the Navy, and the Air Force and the Chief of Chaplains of the Navy, and the Chief initiative training.
Staff Judge Advocate to the Commandant of of Chaplains of the Air Force. (C) To train students on legacy, obsolete,
the Marine Corps shall jointly brief the Com- (c) CONTENTS.—The content of the training one of a kind, or unique systems that are
mittees on Armed Services of the Senate and shall be consistent with and include coverage still widely used by the Navy.
the House of Representatives on the mental of each of the following: (D) To train students on military-specific
health support for vicarious trauma provided (1) The Religious Freedom Restoration Act systems that are not found in the commer-
to personnel in the military justice system of 1993 (42 U.S.C. 2000bb et seq.). cial maritime world.
specified in subsection (b). (2) Section 533 of the National Defense Au- (2) A description and assessment of poten-
(b) PERSONNEL.—The personnel specified in thorization Act for Fiscal Year 2013 (10 tial benefits, and anticipated timelines and
costs, in expanding Engineering Readiness
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this subsection are the following: U.S.C. prec. 1030 note).
(1) Trial counsel. (3) Section 528 of the National Defense Au- Assessment Team and Combat Systems
(2) Defense counsel. thorization Act for Fiscal Year 2016 (Public Readiness Assessment Team training in the
(3) Special Victims’ Counsel. Law 114–92; 129 Stat. 814). capacities specified in paragraph (1).
(4) Military investigative personnel. (d) IMPLEMENTATION.— (3) Such other matters in connection with
(c) ELEMENTS.—The briefing required by (1) RECIPIENTS.—The recipients of training the use of readiness assessment teams in
subsection (a) shall include the following: developed under subsection (a) shall include connection with the Ready, Relevant Learn-
(1) A description and assessment of the the following at all levels of command: ing initiative as the Secretary considers ap-
mental health support for vicarious trauma (A) Commanders propriate.
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S6764 CONGRESSIONAL RECORD — SENATE November 16, 2020
SEC. 543. REPORT ON STANDARDIZATION AND a result of the Comprehensive Review of Spe- fications established under paragraph (1)
POTENTIAL MERGER OF LAW EN- cial Operations Forces Culture and Ethics. into—
FORCEMENT TRAINING FOR MILI-
(b) ELEMENTS.—Each report under sub- (A) applications for admission to the mili-
TARY AND CIVILIAN PERSONNEL
ACROSS THE DEPARTMENT OF DE- section (a) shall include the following: tary service academies; and
FENSE. (1) A list of the actions required as of the (B) the military personnel records of ca-
(a) REPORT REQUIRED.—Not later than June date of such report to complete full imple- dets and midshipmen enrolled in such acad-
8, 2021, the Secretary of Defense shall submit mentation of each of the 16 actions rec- emies.
to the Committees on Armed Services of the ommended by the Comprehensive Review re- (c) MILITARY SERVICE ACADEMY DEFINED.—
Senate and the House of Representatives a ferred to in subsection (a). In this section, the term ‘‘military service
report on the standardization and potential (2) An identification of the office respon- academy’’ means—
merger of law enforcement training for mili- sible for completing each action listed pursu- (1) the United States Military Academy;
tary and civilian personnel across the De- ant to paragraph (1), and an estimated (2) the United States Naval Academy; and
partment of Defense, including training of timeline for completion of such action. (3) the United States Air Force Academy.
military or civilian personnel of the Depart- (3) If completion of any action listed pursu- SEC. 546. PILOT PROGRAMS IN CONNECTION
ment designated in accordance with section ant to paragraph (1) requires resources or ac- WITH SENIOR RESERVE OFFICERS’
2762 of title 10, United States Code, to pro- tions for which authorization by statute is TRAINING CORPS UNITS AT HISTORI-
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.
quired by subsection (a), the Secretary shall both of the pilot programs as follows:
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-
the following: vided for in subsection (c), at covered insti-
ICE ACADEMIES.
(1) Identify and assess current law enforce- tutions in order to assess the feasibility and
(a) REPORT ON CONGRESSIONAL NOMINATIONS advisability of mechanisms to reduce bar-
ment training courses, schools, and pro- PORTAL.—
grams of the Armed Forces that have the riers to participation in the Senior Reserve
(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,
ing referred to in subsection (a) through by creating partnerships between satellite or
the Secretary of Defense shall, in consulta- extension Senior Reserve Officers’ Training
common training standards. tion with the Superintendents of the mili-
(2) Identify and assess current Department Corps units at such institutions and military
tary service academies, submit to the Com- installations.
law enforcement training courses, schools, mittees on Armed Services of the Senate and
and programs that are affiliated with or ac- (2) A pilot program, with elements as pro-
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
ernmental and private entities), including an the feasibility and advisability of the provi-
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-
filiation or accreditation to the training re- the Senior Reserve Officers’ Training Corps
ables Members of Congress to nominate indi- at covered institutions for participation in
ferred to in subsection (a). viduals for appointment to each academy
(3) Identify emerging law enforcement flight training.
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.—
(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
Armed Forces and other Department law en- ignees to view past nomination records for for purposes of the pilot program authorized
forcement components. all application cycles. by subsection (a)(1) shall—
(5) Identify and assess Department courses, (4) MATTERS IN CONNECTION WITH ESTABLISH- (A) currently maintain a satellite or exten-
programs, or institutions with the capability MENT OF PORTAL.—If the Secretary deter- sion Senior Reserve Officers’ Training Corps
to support law enforcement training or infor- mines that the online portal is feasible and unit under chapter 103 of title 10, United
mation sharing between Department mili- advisable, the report shall include— States Code, that is located more than 20
tary and civilian law enforcement compo- (A) a comprehensive description of the on- miles from the host unit of such unit; or
nents and State, county, and local law en- line portal; and (B) establish and maintain a satellite or
forcement agencies, with the capability to (B) such recommendations for legislative extension Senior Reserve Officers’ Training
support law enforcement components of the and administrative action as the Secretary Corps unit that meets the requirements in
National Guard and other reserve compo- considers appropriate to establish and main- subparagraph (A).
nents of the Armed Forces, or with both such tain the online portal. (3) PREFERENCE IN SELECTION OF INSTITU-
capabilities. (b) STANDARD CLASSIFICATIONS FOR COLLEC- TIONS.—In selecting covered institutions
(6) Assess the feasibility, advisability, and TION OF DEMOGRAPHIC DATA.— under this subsection for participation in the
suitability of standardizing and merging the (1) STANDARDS REQUIRED.—The Secretary of pilot program authorized by subsection
training referred to in subsection (a) across Defense shall, in consultation with the Su- (a)(1), the Secretary shall give preference to
the Department, including an assessment of perintendents of the military service acad- covered institutions that are located within
the costs of such standardization and merg- emies, establish standard classifications that 20 miles of a military installation of the
er. cadets, midshipmen, and applicants to the same Armed Force as the host unit of the
(7) Any other matters the Secretary con- academies may use to self-identify gender, Senior Reserve Officers’ Training Corp of the
siders appropriate. race, and ethnicity and to provide other de- covered institution concerned.
SEC. 544. QUARTERLY REPORTS ON IMPLEMEN-
mographic information in connection with (4) PARTNERSHIP ACTIVITIES.—The activi-
TATION OF RECOMMENDATIONS OF
THE COMPREHENSIVE REVIEW OF admission to or enrollment in an academy. ties conducted under the pilot program au-
SPECIAL OPERATIONS FORCES CUL- (2) CONSISTENCY WITH OMB GUIDANCE.—The thorized by subsection (a)(1) between a sat-
TURE AND ETHICS. standard classifications established under ellite or extension Senior Reserve Officers’
(a) QUARTERLY REPORTS REQUIRED.—Not paragraph (1) shall be consistent with the Training Corps unit and the military instal-
standard classifications specified in Office of lation concerned shall include such activi-
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later than March 1, 2021, and every 90 days
thereafter through March 1, 2024, the Assist- Management and Budget Directive No. 15 ties designed to reduce barriers to participa-
ant Secretary of Defense for Special Oper- (pertaining to race and ethnic standards for tion in the Senior Reserve Officers’ Training
ations and Low Intensity Conflict shall, in Federal statistics and administrative report- Corps at the covered institution concerned
coordination with the Commander of the ing) or any successor directive. as the Secretary considers appropriate, in-
United States Special Operations Command, (3) INCORPORATION INTO APPLICATIONS AND cluding measures to mitigate travel time
submit to the congressional defense commit- RECORDS.—Not later than one year after the and expenses in connection with receipt of
tees a report on the current status of the im- date of the enactment of this Act, the Sec- Senior Reserve Officers’ Training Corps in-
plementation of the actions recommended as retary shall incorporate the standard classi- struction.
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November 16, 2020 CONGRESSIONAL RECORD — SENATE S6765
(d) PILOT PROGRAM ON FINANCIAL ASSIST- (i) The number of members of Senior Re- SEC. 548. DEPARTMENT OF DEFENSE STARBASE
ANCE FOR SROTC MEMBERS FOR FLIGHT serve Officers’ Training Corps units at cov- PROGRAM.
TRAINING.— ered institutions selected for purposes of the Section 2193b(h) of title 10, United States
(1) ELIGIBILITY FOR PARTICIPATION BY SROTC pilot program, including the number of such Code, is amended by inserting ‘‘the Common-
MEMBERS.—A member of a Senior Reserve Of- members participating in the pilot program. wealth of the Northern Mariana Islands,
ficers’ Training Corps unit at a covered insti- (ii) The number of recipients of financial American Samoa,’’ before ‘‘and Guam’’.
tution may participate in the pilot program assistance provided under the pilot program, Subtitle F—Decorations and Awards
authorized by subsection (a)(2) if the member including the number who— SEC. 551. AWARD OR PRESENTATION OF DECORA-
meets such academic requirements at the (I) completed a ground school course of in- TIONS FAVORABLY RECOMMENDED
covered institution, and such other require- struction in connection with obtaining a pri- FOLLOWING DETERMINATION ON
ments, as the Secretary shall establish for vate pilot’s certificate; MERITS OF PROPOSALS FOR DECO-
RATIONS NOT PREVIOUSLY SUB-
purposes of the pilot program. (II) completed flight training, and the type MITTED IN A TIMELY FASHION.
(2) PREFERENCE IN SELECTION OF PARTICI- of training, certificate, or both received; (a) AWARD OR PRESENTATION AUTHORIZED.—
PANTS.—In selecting members under this (III) were selected for a pilot training slot Section 1130 of title 10, United States Code,
subsection for participation in the pilot pro- in the Armed Forces; is amended—
gram authorized by subsection (a)(2), the (IV) initiated pilot training in the Armed (1) by redesignating subsection (d) as sub-
Secretary shall give a preference to members Forces; or section (e); and
who will pursue flight training under the (V) successfully completed pilot training (2) by inserting after subsection (c) the fol-
pilot program at a covered institution. in the Armed Forces. lowing new subsection (d):
(3) FINANCIAL ASSISTANCE FOR FLIGHT (iii) The amount of financial assistance ‘‘(d)(1) A decoration may be awarded or
TRAINING.— provided under the pilot program, broken presented following the submission of a fa-
(A) IN GENERAL.—The Secretary may pro- out by covered institution, course of study, vorable recommendation for the award or
vide any member of a Senior Reserve Offi- and such other measures as the Secretary presentation of the decoration under sub-
cers’ Training Corps who participates in the considers appropriate. section (b).
pilot program authorized by subsection (a)(2) (C) Data collected in accordance with the ‘‘(2) An award or presentation of a decora-
financial assistance to defray, whether in evaluation metrics established under sub- tion under paragraph (1) may not occur be-
whole or in part, the charges and fees im- section (e). fore the end of the 60-day period beginning
posed on the member for flight training. (3) FINAL REPORT.—Not later than 180 days on the date of the submission under sub-
(B) FLIGHT TRAINING.—Financial assistance prior to the completion of the pilot pro- section (b) of the favorable recommendation
may be used under subparagraph (A) for a grams, the Secretary shall submit to the regarding the award or presentation of the
course of flight training only if the course Committees on Armed Services of the Senate decoration.
meets Federal Aviation Administration and the House of Representatives a report on ‘‘(3) The authority to make an award or
standards and is approved by the Federal the pilot programs. The report shall include presentation of a decoration under this sub-
Aviation Administration and the applicable the following: section shall apply notwithstanding any lim-
State approving agency. (A) A description of the pilot programs. itation described in subsection (a).’’.
(C) USE.—Financial assistance received by (B) An assessment of the effectiveness of (b) CONFORMING AND CLERICAL AMEND-
a member under subparagraph (A) may be each pilot program. MENTS.—
used only to defray the charges and fees im- (C) A description of the cost of each pilot (1) SECTION HEADING.—The heading of sec-
posed on the member as described in that program, and an estimate of the cost of mak- tion 1130 of such title is amended to read as
subparagraph. ing each pilot program permanent. follows:
(D) CESSATION OF ELIGIBILITY.—Financial (D) An estimate of the cost of expanding ‘‘§ 1130. Consideration of proposals for deco-
assistance may not be provided to a member each pilot program throughout all eligible rations not previously submitted in timely
under subparagraph (A) as follows: Senior Reserve Officers’ Training Corps fashion: procedures for review and award
(i) If the member ceases to meet the aca- units. or presentation’’.
demic and other requirements established (E) Such recommendations for legislative (2) TABLE OF SECTIONS.—The table of sec-
pursuant to paragraph (1). or administrative action as the Secretary tions at the beginning of chapter 57 of such
(ii) If the member ceases to be a member of considers appropriate in light of the pilot title is amended by striking the item relat-
the Senior Reserve Officers’ Training Corps. programs, including recommendations for ing to section 1130 and inserting the fol-
(e) EVALUATION METRICS.—The Secretary extending or making permanent the author- lowing new item:
of Defense shall establish metrics to evalu- ity for each pilot program. ‘‘1130. Consideration of proposals for decora-
ate the effectiveness of the pilot programs (g) DEFINITIONS.—In this section: tions not previously submitted
under subsection (a). (1) The term ‘‘covered institution’’ has the in timely fashion: procedures
(f) REPORTS.— meaning given that term in section 262(g)(2) for review and award or presen-
(1) INITIAL REPORT.—Not later than 180 of the National Defense Authorization Act tation.’’.
days after the commencement of the pilot for Fiscal Year 2020 (Public Law 116–92). SEC. 552. HONORARY PROMOTION MATTERS.
programs under subsection (a), the Secretary (2) The term ‘‘flight training’’ means a (a) HONORARY PROMOTIONS ON INITIATIVE OF
of Defense shall submit to the Committees course of instruction toward obtaining any DOD.—Chapter 80 of title 10, United States
on Armed Services of the Senate and the of the following: Code, is amended by inserting after section
House of Representatives a report on the (A) A private pilot’s certificate. 1563 the following new section:
pilot programs. The report shall include the (B) A commercial pilot certificate. ‘‘§ 1563a. Honorary promotions on the initia-
following: (C) A certified flight instructor certificate. tive of the Department of Defense
(A) A description of each pilot program, in- (D) A multi-crew pilot’s license.
‘‘(a) IN GENERAL.—(1) Under regulations
cluding in the case of the pilot program (E) A flight instrument rating.
prescribed by the Secretary of Defense, the
under subsection (a)(2) the requirements es- (F) Any other certificate, rating, or pilot
Secretary may make an honorary promotion
tablished pursuant to subsection (d)(1). privilege the Secretary considers appropriate
(whether or not posthumous) of a former
(B) The evaluation metrics established for purposes of this section.
member or retired member of the armed
under subsection (e). (3) The term ‘‘military installation’’ means
forces to any grade not exceeding the grade
(C) Such other matters relating to the an installation of the Department of Defense
of major general, rear admiral (upper half),
pilot programs as the Secretary considers for the regular components of the Armed
or an equivalent grade in the Space Force if
appropriate. Forces.
the Secretary determines that the promotion
(2) ANNUAL REPORT.—Not later than 90 days SEC. 547. EXPANSION OF JUNIOR RESERVE OFFI- is merited.
after the end of each fiscal year in which the CERS’ TRAINING CORPS PROGRAM.
‘‘(2) The authority to make an honorary
Secretary carries out the pilot programs, the (a) EXPANSION OF JROTC CURRICULUM.— promotion under this subsection shall apply
Secretary shall submit to the Committees on Section 2031(a)(2) of title 10, United States notwithstanding that the promotion is not
Armed Services of the Senate and the House Code, is amended by inserting after ‘‘service otherwise authorized by law.
of Representatives a report on the pilot pro- to the United States’’ the following: ‘‘(in- ‘‘(b) NOTICE TO CONGRESS.—The Secretary
grams during such fiscal year. Each report cluding an introduction to service opportuni- may not make an honorary promotion pursu-
shall include, for the fiscal year covered by ties in military, national, and public serv- ant to subsection (a) until 60 days after the
such report, the following: ice)’’.
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date on which the Secretary submits to the
(A) In the case of the pilot program under (b) PLAN TO INCREASE NUMBER OF JROTC Committees on Armed Services of the Senate
subsection (a)(1), a description of the part- UNITS.—The Secretary of Defense shall, in and the House of Representatives a notice of
nerships between satellite or extension Sen- consultation with the Secretaries of the the determination to make the promotion,
ior Reserve Officers’ Training Corps units military departments, develop and imple- including a detailed discussion of the ration-
and military installations under the pilot ment a plan to establish and support not ale supporting the determination.
program. fewer than 6,000 units of the Junior Reserve ‘‘(c) NOTICE OF PROMOTION.—Upon making
(B) In the case of the pilot program under Officers’ Training Corps by September 30, an honorary promotion pursuant to sub-
subsection (a)(2), the following: 2031. section (a), the Secretary shall expeditiously
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S6766 CONGRESSIONAL RECORD — SENATE November 16, 2020
notify the former member or retired member ‘‘§ 1563. Consideration of proposals from that do not exceed the maximum student-to-
concerned, or the next of kin of such former Members of Congress for honorary pro- teacher ratios specified in subsection (b).
member or retired member if such former motions: procedures for review and pro- (b) MAXIMUM STUDENT-TO-TEACHER RA-
member or retired member is deceased, of motion’’. TIOS.—The maximum student-to-teacher ra-
the promotion. (c) CLERICAL AMENDMENT.—The table of tios specified in this subsection are the fol-
‘‘(d) NATURE OF PROMOTION.—Any pro- sections at the beginning of chapter 80 of lowing:
motion pursuant to this section is honorary, (1) For each of grades kindergarten
such title is amended by striking the item
and shall not affect the pay, retired pay, or through 3, a ratio of 18 students to 1 teacher
relating to section 1563 and inserting the fol-
other benefits from the United States to (18:1).
lowing new items:
which the former member or retired member (2) For each of grades 4 through 12, a ratio
‘‘1563. Consideration of proposals from Mem-
concerned is entitled or would have been en- equal to the average student-to-teacher ratio
bers of Congress for honorary
titled based on the military service of such for such grade among all Department of De-
former member or retired member, nor affect promotions: procedures for re-
fense Education Activity schools during the
any benefits to which any other person is or view and promotion.
2019–2020 academic year.
may become entitled based on the military ‘‘1563a. Honorary promotions on the initia- (c) SUNSET.—The requirement to staff
service of such former member or retired tive of the Department of De- schools in accordance with subsection (a)
member.’’. fense.’’. shall expire at the end of the 2023–2024 aca-
(b) MODIFICATION OF AUTHORITIES ON RE- Subtitle G—Defense Dependents’ Education demic year of the Department of Defense
VIEW OF PROPOSALS FROM CONGRESS.— and Military Family Readiness Matters Education Activity.
(1) STANDARDIZATION OF AUTHORITIES WITH PART I—DEFENSE DEPENDENTS’ SEC. 564. MATTERS IN CONNECTION WITH FREE
AUTHORITIES ON DOD INITIATIVE.—Section 1563 EDUCATION MATTERS APPROPRIATE PUBLIC EDUCATION
of title 10, United States Code, is amended— FOR DEPENDENTS OF MEMBERS OF
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
posthumous or honorary promotion or ap- (a) INFORMATION ON DISPUTES REGARDING
OF MEMBERS OF THE ARMED
pointment of a member or former member of FORCES AND DEPARTMENT OF DE-
RECEIPT OF FREE APPROPRIATE PUBLIC EDU-
FENSE CIVILIAN EMPLOYEES. CATION BY SPECIAL NEEDS DEPENDENTS.—
the armed forces, or any other person consid-
(a) ASSISTANCE TO SCHOOLS WITH SIGNIFI- (1) IN GENERAL.—Each Secretary of a mili-
ered qualified,’’ and inserting ‘‘the honorary
CANT NUMBERS OF MILITARY DEPENDENT STU-
tary department shall collect and maintain
promotion (whether or not posthumous) of a
DENTS.—Of the amount authorized to be ap-
information on special education disputes
former member or retired member of the
propriated for fiscal year 2021 by section 301 filed by members of the Armed Forces under
armed forces’’; and
the jurisdiction of such Secretary.
(ii) in the second sentence, by striking and available for operation and maintenance
(2) INFORMATION.—The information col-
‘‘the posthumous or honorary promotion or for Defense-wide activities as specified in the
lected and maintained pursuant to this sub-
appointment’’ and inserting ‘‘the pro- funding table in section 4301, $50,000,000 shall
section shall include the following:
motion’’; and be available only for the purpose of providing
(A) The number of special education dis-
(B) in subsection (b), by striking ‘‘the post- assistance to local educational agencies
putes filed.
humous or honorary promotion or appoint- under subsection (a) of section 572 of the Na-
(B) The outcome or disposition of the dis-
ment’’ and inserting ‘‘the honorary pro- tional Defense Authorization Act for Fiscal
putes.
motion’’. Year 2006 (Public Law 109–163; 20 U.S.C.
(3) SOURCE OF INFORMATION.—The informa-
(2) AUTHORITY TO MAKE HONORARY PRO- 7703b). tion collected and maintained pursuant to
MOTIONS FOLLOWING REVIEW OF PROPOSALS.— (b) LOCAL EDUCATIONAL AGENCY DEFINED.— this subsection shall be derived from the fol-
Such section is further amended— In this section, the term ‘‘local educational lowing:
(A) by redesignating subsection (c) as sub- agency’’ has the meaning given that term in (A) Records and reports of case managers
section (d); and section 7013(9) of the Elementary and Sec- and navigators under the Exceptional Fam-
(B) by inserting after subsection (b) the ondary Education Act of 1965 (20 U.S.C. ily Member Program (EFMP) of the Depart-
following new subsection (c): 7713(9)). ment of Defense.
‘‘(c) AUTHORITY TO MAKE.—(1) Under regu- SEC. 562. IMPACT AID FOR CHILDREN WITH SE- (B) Reports of members of the Armed
lations prescribed by the Secretary of De- VERE DISABILITIES. Forces concerned to installation or other
fense, the Secretary of Defense may make an (a) IN GENERAL.—Of the amount authorized military leadership.
honorary promotion (whether or not post- to be appropriated for fiscal year 2021 pursu- (C) Such other sources as the Secretary of
humous) of a former member or retired ant to section 301 and available for operation the military department concerned considers
member of the armed forces to any grade not and maintenance for Defense-wide activities appropriate.
exceeding the grade of major general, rear as specified in the funding table in section (4) ANNUAL REPORTS.— Each Secretary of a
admiral (upper half), or an equivalent grade 4301, $10,000,000 shall be available for pay- military department shall submit each year
in the Space Force following the submittal ments under section 363 of the Floyd D. to the Office of Special Needs of the Depart-
of the determination of the Secretary con- Spence National Defense Authorization Act ment of Defense a report on the information
cerned under subsection (b) in connection for Fiscal Year 2001 (as enacted into law by collected by such Secretary pursuant to this
with the proposal for the promotion if the Public Law 106–398; 114 Stat. 1654A–77; 20 subsection during the preceding year.
determination is to approve the making of U.S.C. 7703a). (b) COMPTROLLER GENERAL OF THE UNITED
the promotion.
(b) ADDITIONAL AMOUNT.—Of the amount STATES STUDY.—
‘‘(2) The Secretary of Defense may not
authorized to be appropriated for fiscal year (1) IN GENERAL.—The Comptroller General
make an honorary promotion under this sub-
section until 60 days after the date on which 2021 pursuant to section 301 and available for of the United States shall conduct a study on
the Secretary concerned submits the deter- operation and maintenance for Defense-wide the following:
mination in connection with the proposal for activities as specified in the funding table in (A) The consequences for a State or local
the promotion under subsection (b), and the section 4301, $10,000,000 shall be available for educational agency of a finding of failure to
detailed rationale supporting the determina- use by the Secretary of Defense to make pay- provide a free appropriate public education
tion as described in that subsection, to the ments to local educational agencies deter- to a military dependent.
Committees on Armed Services of the Senate mined by the Secretary to have higher con- (B) The manner in which local educational
and the House of Representatives and the re- centrations of military children with severe agencies with military families use the fol-
questing Member in accordance with that disabilities. lowing:
subsection. (c) REPORT.—Not later than March 1, 2021, (i) Funds received under section 7003(d) of
‘‘(3) The authority to make an honorary the Secretary shall brief the Committees on the Elementary and Secondary Education
promotion under this subsection shall apply Armed Services of the Senate and the House Act of 1965 (20 U.S.C. 7703(d)).
notwithstanding that the promotion is not of Representatives on the Department’s eval- (ii) Funds authorized to be appropriated by
otherwise authorized by law. uation of each local educational agency with annual national defense authorization Acts
‘‘(4) Any promotion pursuant to this sub- higher concentrations of military children and made available for impact aid for child
section is honorary, and shall not affect the with severe disabilities and subsequent de- with severe disabilities under section 363 of
pay, retired pay, or other benefits from the termination of the amounts of impact aid the Floyd D. Spence National Defense Au-
United States to which the former member each such agency shall receive. thorization Act for Fiscal Year 2001 (20
U.S.C. 7703a).
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or retired member concerned is or would SEC. 563. STAFFING OF DEPARTMENT OF DE-
have been entitled based upon the military FENSE EDUCATION ACTIVITY (iii) Funds authorized to be appropriated
service of such former member or retired SCHOOLS TO MAINTAIN MAXIMUM by annual national defense authorization
member, nor affect any benefits to which STUDENT-TO-TEACHER RATIOS. Acts and made available for assistance to
any other person may become entitled based (a) IN GENERAL.—The Department of De- schools with significant number of military
on the military service of such former mem- fense Education Activity (DoDEA) shall staff dependent students under subsection (a) of
ber or retired member.’’. elementary and secondary schools operated section 572 of the National Defense Author-
(3) HEADING AMENDMENT.—The heading of by the Activity so as to maintain, to the ex- ization Act for Fiscal Year 2006 (20 U.S.C.
such section is amended to read as follows: tent practicable, student-to-teacher ratios 7703b).
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November 16, 2020 CONGRESSIONAL RECORD — SENATE S6767
(C) The efficacy of attorney and other legal (C) either— section at not more than four military in-
support for military families in special edu- (i) require supplementary courses to meet stallations at which covered DODEA schools
cation disputes. graduation requirements in the current are located. The Secretary shall select mili-
(D) The standardization of policies and State of residence; or tary installations for participation in the
guidance for School Liaison Officers between (ii) otherwise demonstrate to the Sec- pilot program based on—
the Office of Special Needs of the Depart- retary a clear need to participate in the (1) the readiness needs of the Secretary of
ment of Defense and the military depart- DVHS program. a the military department concerned; and
ments, and the efficacy of such policies and (2) PREFERENCE IN SELECTION.—In selecting (2) the capacity of the DODEA schools lo-
guidance. participants in the pilot program, the Sec- cated at the installation to accept additional
(E) The improvements of family support retary shall afford a preference to the fol- students, as determined by the Director of
programs of the Office of Special Needs, and lowing: the Department of Defense Education Activ-
of each military department, in light of the (A) Dependents who reside in a rural area. ity.
recommendations of the Comptroller Gen- (B) Dependents who are home-schooled stu- (e) TERMINATION.—The authority to carry
eral in the report entitled ‘‘DOD Should Im- dents. out the pilot program under this section
prove Its Oversight of the Exceptional Fam- (3) LIMITATIONS.—The total number of shall terminate four years after the date of
ily Member Program’’, GAO–18–348. course enrollments per academic year au- the enactment of this Act.
(2) RECOMMENDATIONS.—In conducting the thorized under the pilot program may not (f) COVERED DODEA SCHOOL DEFINED.—In
study, the Comptroller General shall develop exceed 400 course enrollments. No single de- this section, the term ‘‘covered DODEA
recommendations on the following: pendent participating in the pilot program school’’ means a domestic dependent elemen-
(A) Improvements and enhancements to may take more than two courses per aca- tary or secondary school operated by the De-
oversight and enforcement of compliance by demic year under the pilot program. partment of Defense Education Activity
local educational agencies with require- (c) REPORTS.— that—
ments for the provision of a free appropriate (1) INTERIM REPORT.—Not later than two (1) has been established on or before the
public education to military dependents with years after the date of the enactment of this date of the enactment of this Act; and
special needs. Act, the Secretary shall submit to the Com- (2) is located in the continental United
(B) Improvements to the policies of the Of- mittees on Armed Services of the Senate and States.
fice of Special Needs, and of each military the House of Representatives an interim re-
SEC. 567.
COMPTROLLER GENERAL OF THE
department, with respect to the standardiza- port on the pilot program. UNITED STATES REPORT ON THE
tion and efficacy of policies and programs for (2) FINAL REPORT.—Not later than 180 days STRUCTURAL CONDITION OF DE-
military dependents with special needs. after the completion of the pilot program, PARTMENT OF DEFENSE EDU-
(3) DEADLINE FOR COMPLETION.—The Comp- the Secretary shall submit to the commit- CATION ACTIVITY SCHOOLS.
troller General shall complete the study by tees of Congress referred to in paragraph (1) (a) REPORT REQUIRED.—Not later than one
not later than March 31, 2021. a final report on the pilot programs. year after the date of the enactment of this
(4) BRIEFING AND REPORT.—Upon comple- (3) ELEMENTS.—Each report under this sub- Act, the Comptroller General of the United
tion of the study, the Comptroller General section shall include the following: States shall submit to the congressional de-
shall brief the Committees on Armed Serv- (A) A description of the demographics of fense committees a report setting forth an
ices of the Senate and the House of Rep- the dependents participating in the pilot pro- assessment by the Comptroller General of
resentatives on the results of the study, and gram through the date of such report. the structural condition of schools of the De-
shall submit to such committees a report on (B) Data on, and an assessment of, student partment of Defense Education Activity,
such results. performance in virtual coursework by de- both within the continental United States
(c) DEFINITIONS.—In this section: pendents participating in the pilot program (CONUS) and outside the continental United
(1) The term ‘‘free appropriate public edu- over the duration of the pilot program. States (OCONUS).
cation’’ includes appropriate special edu- (C) Such recommendation as the Secretary (b) VIRTUAL SCHOOLS.—The report shall in-
cation and related services required under considers appropriate on whether to make clude an assessment of the virtual infra-
the Individuals with Disabilities Education the pilot program permanent. structure or other means by which students
Act (20 U.S.C. 1400 et seq.) (d) DEFINITIONS.—In this section: attend Department of Defense Education Ac-
(2) The term ‘‘local educational agency’’ (1) The term ‘‘rural area’’ has the meaning tivity schools that have no physical struc-
has the meaning given that term in section given the term in section 520 of the Housing ture, including the satisfaction of the mili-
8101 of the Elementary and Secondary Edu- Act of 1949 (42 U.S.C. 1490). tary families concerned with such infrastruc-
cation Act of 1965 (20 U.S.C. 7801). (2) The term ‘‘home-schooled student’’ ture or other means.
(3) The term ‘‘special education dispute’’ means a student in a grade equivalent to
grade 9 through 12 who receives educational PART II—MILITARY FAMILY READINESS
means a complaint filed regarding the edu- MATTERS
cation provided a child with a disability (as instruction at home or by other non-tradi-
tional means outside of a public or private SEC. 571. RESPONSIBILITY FOR ALLOCATION OF
defined in section 602 of the Individuals with
school system, either all or most of the time. CERTAIN FUNDS FOR MILITARY
Disabilities Education Act (20 U.S.C. 1401), CHILD DEVELOPMENT PROGRAMS.
including a complaint filed in accordance SEC. 566. PILOT PROGRAM ON EXPANSION OF
ELIGIBILITY FOR ENROLLMENT AT Section 1791 of title 10, United States Code,
with section 615 or 639 of such Act (20 U.S.C.
DOMESTIC DEPENDENT ELEMEN- is amended—
1415, 1439). TARY AND SECONDARY SCHOOLS. (1) by inserting ‘‘(a) POLICY.—’’ before ‘‘It
SEC. 565. PILOT PROGRAM ON EXPANDED ELIGI- (a) PILOT PROGRAM REQUIRED.—Beginning is the policy’’; and
BILITY FOR DEPARTMENT OF DE-
FENSE EDUCATION ACTIVITY VIR-
not later than 180 days after the date of the (2) by adding at the end the following new
TUAL HIGH SCHOOL PROGRAM. enactment of this Act, the Secretary of De- subsection:
(a) PILOT PROGRAM REQUIRED.— fense shall carry out a pilot program under ‘‘(b) RESPONSIBILITY FOR ALLOCATIONS OF
(1) IN GENERAL.—The Secretary of Defense which a dependent of a full-time, active-duty CERTAIN FUNDS.—The Secretary of Defense
shall carry out a pilot program on permit- member of the Armed Forces may enroll in a shall be responsible for the allocation of Of-
covered DODEA school at the military in- fice of the Secretary of Defense level funds
ting dependents of members of the Armed
stallation to which the member is assigned, for military child development programs for
Forces on active duty to enroll in the De-
on a space-available basis as described in children from birth through 12 years of age,
partment of Defense Education Activity Vir-
subsection (c), without regard to whether the and may not delegate such responsibility to
tual High School program (in this section re-
member resides on the installation as de- the military departments.’’.
ferred to as the ‘‘DVHS program’’). scribed in 2164(a)(1) of title 10, United States
(2) PURPOSES.—The purposes of the pilot SEC. 572. IMPROVEMENTS TO EXCEPTIONAL FAM-
Code. ILY MEMBER PROGRAM.
program shall be as follows: (b) PURPOSES.—The purposes of the pilot
(A) To evaluate the feasibility and program under this section are— Section 1781c of title 10, United States
scalability of the DVHS program. (1) to evaluate the feasibility and advis- Code is amended—
(B) To assess the impact of expanded en- ability of expanding enrollment in covered (1) in subsection (b), by striking ‘‘enhance’’
rollment in the DVHS program under the DODEA schools; and and inserting ‘‘standardize, enhance,’’;
pilot program on military and family readi- (2) to determine how increased access to (2) in subsection (c)(1), by inserting ‘‘and
ness. such schools will affect military and family standard’’ after ‘‘comprehensive’’;
(3) DURATION.—The duration of the pilot readiness. (3) in subsection (d)—
(A) in paragraph (1), by striking ‘‘update
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program shall be four academic years. (c) ENROLLMENT ON SPACE-AVAILABLE
(b) PARTICIPANTS.— BASIS.—A student participating in the pilot from time to time’’ and inserting ‘‘regularly
(1) IN GENERAL.—Participants in the pilot program under this section may be enrolled update’’;
program shall be selected by the Secretary in a covered DODEA school only if the school (B) in paragraph (3), by adding at the end
from among dependents of members of the has the capacity to accept the student, as de- the following new subparagraphs:
Armed Forces on active duty who— termined by the Director of the Department ‘‘(C) Ability to request a second review of
(A) are in a grade 9 through 12; of Defense Education Activity. the approved assignment within or outside
(B) are currently ineligible to enroll in the (d) LOCATIONS.—The Secretary of Defense the continental United States if the member
DVHS program; and shall carry out the pilot program under this believes the location is inappropriate for the
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S6768 CONGRESSIONAL RECORD — SENATE November 16, 2020
member’s family and would cause undue ‘‘(g) REIMBURSEMENT OF QUALIFYING (2) CENTRALIZED DATABASE FOR TRACKING OF
hardship. SPOUSE RELICENSING COSTS INCIDENT TO A INCIDENTS.—
‘‘(D) Protection from having a medical rec- MEMBER’S PERMANENT CHANGE OF STATION OR (A) IN GENERAL.—The Secretary shall de-
ommendation for an approved assignment ASSIGNMENT.—(1) From amounts otherwise velop and maintain in the Department of De-
overriden by the commanding officer. made available for a fiscal year to provide fense a centralized database to track infor-
‘‘(E) Ability to request continuation of lo- travel and transportation allowances under mation across the Department on all covered
cation when there is a documented substan- this chapter, the Secretary concerned may incidents of child abuse that are reported to
tial risk of transferring medical care or edu- reimburse a member of the armed forces for the Family Advocacy Program or inves-
cational services to a new provider or school qualified relicensing costs of the spouse of tigated by a military criminal investigation
at the specific time of permanent change of the member when— organization, regardless of whether the al-
station. ‘‘(A) the member is reassigned, either as a leged offender was another child, an adult, or
‘‘(F) If an order for assignment is declined permanent change of station or permanent someone in a non-caregiving role at the time
for a military family with special needs, the change of assignment, between duty stations of an incident.
member will receive a reason for the decline located in separate jurisdictions with unique (B) ELEMENTS.—The centralized database
of that order.’’; and licensing or certification requirements and required by this paragraph shall include, for
(C) in paragraph (4), by adding at the end authorities; and each incident within the database, the fol-
the following new subparagraphs: ‘‘(B) the movement of the member’s de- lowing:
‘‘(H) Procedures to right-size the Depart- pendents is authorized at the expense of the (i) Information pertinent to a determina-
ment’s Exceptional Family Member Program United States under this section as part of tion by the Family Advocacy Program
to ensure efficient and effective enrollment, the reassignment. whether such incident meets the criteria of
for sufficient staffing dedicated to providing ‘‘(2) Reimbursement provided to a member the Department for treatment as an incident
family support services, to include com- under this subsection may not exceed $1000 of child abuse.
prehensive training, education and outreach in connection with each reassignment de- (ii) The results of any investigation of such
services, and sufficient oversight and admin- scribed in paragraph (1). incident by a military criminal investigation
istrative support for effective program oper- ‘‘(3) No reimbursement may be provided organization.
ation. under this subsection for qualified reli- (iii) Information on the ultimate disposi-
‘‘(I) Requirements to prohibit censing costs paid or incurred after Decem- tion of the incident, if any, including any ad-
disenrollment from the Exceptional Family ber 31, 2024. ministrative or prosecutorial action taken.
Member Program unless there is new sup- ‘‘(4) In this subsection, the term ‘qualified (C) ANNUAL REPORTS ON INFORMATION.—The
porting medical or educational information relicensing costs’ means costs, including information collected and maintained in the
that indicates the original condition is no exam, continuing education courses, and reg- centralized database shall be reported on an
longer present, and to track disenrollment istration fees, incurred by the spouse of a annual basis as part of the annual reports
data per military service.’’; member if— from the Family Advocacy Program on child
(4) by redesignating subsections (f), (g), and ‘‘(A) the spouse was licensed or certified in abuse and domestic abuse in the military as
(h) as subsections (g), (h), and (i), respec- a profession during the member’s previous required by section 574 of the National De-
tively; and duty assignment and requires a new license fense Authorization Act for Fiscal Year 2017
(5) by inserting after subsection (e) the fol- or certification to engage in that profession (Public Law 114–328; 130 Stat. 2141).
lowing new subsection: in a new jurisdiction because of movement (D) BRIEFINGS.—Not later than March 31,
‘‘(f) METRICS.—The Secretary of Defense described in paragraph (1)(B) in connection
shall implement performance metrics for 2021, and every six months thereafter until
with the member’s change in duty location the centralized database required by this
measuring, across the Department and with
pursuant to reassignment described in para- paragraph is fully operational, the Secretary
respect to each military department, the fol-
graph (1)(A); and shall brief the Committees on Armed Serv-
lowing:
‘‘(B) the costs were incurred or paid to se- ices of the Senate and the House of Rep-
‘‘(1) Assignment coordination and support
cure or maintain the license or certification resentatives on the status of the database.
for military families with special needs, in-
from the new jurisdiction in connection with (3) DEPARTMENT OF DEFENSE EDUCATION AC-
cluding a systematic process for evaluating
such reassignment.’’. TIVITY GUIDANCE.—The Department of De-
each military department’s program for the
(b) REPEAL OF SUPERSEDED AUTHORITY.— fense Education Activity (DoDEA) shall
support of military families with special
Section 476 of such title is amended by strik- issue clarifications of its guidance on the in-
needs.
ing subsection (p). cidents of child-on-child abuse that qualify
‘‘(2) The reassignment of military families
SEC. 575. IMPROVEMENTS TO DEPARTMENT OF as serious incidents for purposes of require-
with special needs, including how often
DEFENSE TRACKING OF AND RE- ments for the reporting of such serious inci-
members request reassignments, for what SPONSE TO INCIDENTS OF CHILD
reasons, and from what military installa- dents by school administrators to Activity
ABUSE INVOLVING MILITARY DE-
tions. PENDENTS ON MILITARY INSTALLA- leadership.
‘‘(3) The level of satisfaction of military TIONS. (c) RESPONSE PROCEDURES.—
families with special needs with the family (a) IMPROVEMENTS REQUIRED.— (1) INCIDENT DETERMINATION COMMITTEE
and medical support they are provided.’’. (1) IN GENERAL.—The Secretary of Defense MEMBERSHIP.—The Department of Defense
SEC. 573. PROCEDURES OF THE OFFICE OF SPE- shall, consistent with recommendations of Family Advocacy Program shall ensure that
CIAL NEEDS FOR THE DEVELOP- the Comptroller General of the United States the voting membership of each Incident De-
MENT OF INDIVIDUALIZED SERV- in Government Accountability Office report termination Committee on a military instal-
ICES PLANS FOR MILITARY FAMI- lation includes medical personnel with the
GA0–20–110, take actions in accordance with
LIES WITH SPECIAL NEEDS.
this section in order to improve the efforts of requisite knowledge and expertise to deter-
Section 1781c(d)(4) of title 10, United States
the Department of Defense to track and re- mine whether a reported covered incident of
Code, as amended by section 572(3)(C) of this
spond to incidents of child abuse involving abuse meets the criteria of the Department
Act, is further amended—
dependents of members of the Armed Forces of Defense for treatment as child abuse.
(1) in subparagraph (F), by striking ‘‘of an
that occur on military installations (in this (2) SCREENING REPORTED INCIDENTS OF CHILD
individualized services plan (medical and
section referred to as ‘‘covered incidents of ABUSE.—
educational)’’ and inserting ‘‘by an appro-
child abuse’’). (A) DEVELOPMENT OF STANDARDIZED PROC-
priate office of an individualized services
(2) CHILD ABUSE.—For purposes of this sec- ESS.—The Department of Defense Family Ad-
plan (whether medical, educational, or
tion, child abuse includes any abuse of a vocacy Program shall develop a standardized
both)’’;
child, including sexual abuse, emotional process by which the Family Advocacy Pro-
(2) by redesignating subparagraphs (G), (H),
abuse, and neglect. grams of the military departments screen re-
and (I) as subparagraph (H), (I), and (J), re-
(b) DATA COLLECTION AND TRACKING OF INCI- ported covered incidents of child abuse to de-
spectively; and
DENTS OF CHILD ABUSE.— termine whether to present such incident to
(3) by inserting after subparagraph (F) the
(1) TRACKING OF NON-CAREGIVER ABUSE.— an Incident Determination Committee.
following new paragraph (G):
The Secretary of Defense shall establish a (B) MONITORING.—The Secretary of each
‘‘(G) Procedures for the development of an
process for the Department of Defense Fam- military department shall develop a process
individualized services plan for military fam-
ily Advocacy Program to track reported cov- to monitor the manner in which reported
ily members with special needs who have re-
ered incidents of child abuse in which the al- covered incidents of child abuse are screened
quested family support services and have a
leged offender is not a parent, guardian, or by each installation under the jurisdiction of
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completed family needs assessment.’’.
someone in a caregiving role at the time of such Secretary in order to ensure that such
SEC. 574. RESTATEMENT AND CLARIFICATION OF
AUTHORITY TO REIMBURSE MEM-
the incident. The information so tracked screening complies with the standardized
BERS FOR SPOUSE RELICENSING shall comport with the information tracked screening process developed pursuant to sub-
COSTS PURSUANT TO A PERMANENT by the Department of Defense in reported paragraph (A).
CHANGE OF STATION. covered incidents of child abuse in which the (3) REQUIRED NOTIFICATIONS.—
(a) IN GENERAL.—Section 453 of title 37, alleged offender is a parent, guardian, or (A) DOCUMENTATION.—The Secretary of
United States Code, is amended by adding at someone in a caregiving role at the time of each military department shall require that
the end the following new subsection: the incident. installation Family Advocacy Programs and
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November 16, 2020 CONGRESSIONAL RECORD — SENATE S6769
military criminal investigation organiza- such incidents of child abuse, including vides members at such installation for child
tions under the jurisdiction of such Sec- entry into memoranda of understanding with care services on such installation.
retary document in their respective data- State child welfare agencies on information (2) MODEL.—Any program carried out pur-
bases the date on which they notified the sharing in connection with such incidents. suant to paragraph (1) shall be modeled after
other of a reported covered incident of child (2) COLLABORATION WITH NATIONAL CHIL- the Army Fee Assistance Program, and in-
abuse. DREN’S ALLIANCE.— corporate such modifications to that Pro-
(B) OVERSIGHT.—The Secretary of each (A) MEMORANDA OF UNDERSTANDING.—The gram as the Secretary of the military de-
military department shall require that the Secretary of each military department shall partment concerned considers appropriate.
Family Advocacy Program of such military seek to enter into a memorandum of under- (3) SECRETARY OF DEFENSE APPROVAL.—Any
department, and the headquarters of the standing with the National Children’s Alli- program of an Armed Force under paragraph
military criminal investigation organiza- ance under which— (1) shall be subject to the approval of the
tions of such military department, to de- (i) the children’s advocacy center services Secretary of Defense.
velop processes to oversee the documenta- of the Alliance are available to all installa- (c) ADDITIONAL ACTIONS TO OBTAIN QUALI-
tion of notifications required by subpara- tions in the continental United States under FIED CHILD CARE EMPLOYEES.—
graph (A) in order to ensure that such notifi- the jurisdiction of such Secretary; and (1) IN GENERAL.—Section 1792 of title 10,
cations occur on a consistent basis at instal- (ii) members of the Armed Forces under United States Code, is amended—
lation level. the jurisdiction of such Secretary are made (A) by redesignating subsection (d) as sub-
(4) CERTIFIED PEDIATRIC SEXUAL ASSAULT aware of the nature and availability of such section (e); and
FORENSIC EXAMINERS.— services. (B) by inserting after subsection (c) the fol-
(A) GEOGRAPHIC REGIONS FOR EXAMINERS.— (B) PARTICIPATION OF CERTAIN ENTITIES.— lowing new subsection (d):
The Under Secretary of Defense for Per- Each memorandum of understanding under ‘‘(d) ADDITIONAL ACTIONS TO OBTAIN QUALI-
sonnel and Readiness shall specify geo- this paragraph shall provide for the appro- FIED EMPLOYEES.—Each Secretary of a mili-
graphic regions in which military families priate participation of the Family Advocacy tary department may, with the approval of
reside for purposes of the availability of and Program and military criminal investigation the Secretary of Defense, take actions in ad-
access to certified pediatric sexual assault organizations of the military department dition to actions authorized by subsection (c)
examiners in such regions. concerned in activities under such memo- to provide military child development cen-
(B) AVAILABILITY.—The Under Secretary randum of understanding. ters under the jurisdiction of such Secretary
shall ensure that— (C) BRIEFING.—Not later than one year with a qualified and stable civilian work-
(i) one or more certified pediatric sexual after the date of the enactment of this Act, force, including actions as follows:
assault examiners are located in each geo- the Secretary of each military department ‘‘(1) Enhanced marketing and recruitment
graphic region specified pursuant to subpara- shall provide to the Committees on Armed for employment.
graph (A); and Services of the Senate and the House of Rep- ‘‘(2) Provision to employees of education-
(ii) examiners so located serve as certified resentatives a briefing on the status of the related benefits, including tuition assistance
pediatric sexual assault examiners through- development of a memorandum of under- and student loan repayment programs.
out such region, without regard to Armed standing with the National Children’s Alli-
Force or installation. ‘‘(3) Availability and enhancement of
ance under this paragraph, together with in- wellness and physical fitness programs for
(5) REMOVAL OF CHILDREN FROM UNSAFE
formation on which installations, if any, employees.
HOMES OVERSEAS.—The Secretary of Defense
under the jurisdiction of such Secretary have ‘‘(4) Provision of such other competitive
shall, in consultation with the Secretaries of
entered into a written agreement with a benefits as the Secretary of the military de-
the military departments, issue policy that
local children’s advocacy center with respect partment and the Secretary of Defense joint-
clarifies and standardizes across the Armed
to child abuse on such installations. ly consider appropriate.’’.
Forces the circumstances under which a
commander may remove a child from a po- SEC. 576. MILITARY CHILD CARE AND CHILD DE- (2) REPORTS ON INSTALLATIONS WITH EX-
VELOPMENT CENTER MATTERS. TREME IMBALANCE BETWEEN DEMAND FOR AND
tentially unsafe home at an installation
overseas. (a) CENTER FEES MATTERS.—Section 1793 of AVAILABILITY OF CHILD CARE.—Not later than
(6) RESOURCE GUIDE FOR FAMILIES AFFECTED title 10, United States Code, is amended by one year after the date of the enactment of
BY CHILD ABUSE.— adding at the end the following new sub- this Act, each Secretary of a military de-
(A) IN GENERAL.—The Secretary of each sections: partment shall submit to Congress a report
military department shall develop and main- ‘‘(c) LIBERAL ISSUANCE OF HARDSHIP WAIV- on the military installations under the juris-
tain a comprehensive guide on resources ERS.—The regulations prescribed pursuant to diction of such Secretary with an extreme
available through the Department of Defense subsection (a) shall require that installation imbalance between demand for child care
and such military department for military commanders issue waivers of fees otherwise and availability of child care. Each report
families under this jurisdiction of such Sec- established under the regulations for inabil- shall include, for the military department
retary who are affected by child abuse. ity to pay (commonly referred to as ‘hard- covered by such report, the following:
(B) ELEMENTS.—Each guide under this ship waivers’) on a liberal basis in a manner (A) The name of the five installations of
paragraph shall include the following: consistent (as specified by the Secretary in the military department experiencing the
(i) Information on the response processes such regulations) with ensuring that fees most extreme imbalance between demand for
of the Family Advocacy Programs and mili- collected pursuant to subsection (a) meet the child care and availability of child care.
tary criminal investigation organizations of operating expenses of the child development (B) For each installation named pursuant
the military department concerned. centers concerned. to subparagraph (A), the following:
(ii) Lists of available support services, such ‘‘(d) FAMILY DISCOUNT.—In the case of a (i) An assessment whether civilian employ-
as legal, medical, and victim advocacy serv- family with two or more children attending ees at child development centers at such in-
ices, through the Department of Defense and a child development center, the regulations stallation have rates of pay and benefits that
the military department concerned. prescribed pursuant to subsection (a) shall are competitive with other civilian employ-
(C) DISTRIBUTION.—A resource guide under require that installations commanders ees on such installation and with the civilian
this paragraph shall be presented to a mili- charge a fee for attendance at the center of labor pool in the vicinity of such installa-
tary family by an installation Family Advo- any child of the family after the first child of tion.
cacy Program and military criminal inves- the family in amount equal to 85 percent of (ii) A description and assessment of var-
tigation personnel at the time a covered in- the amount of the fee otherwise chargeable ious incentives to encourage military
cident of child abuse involving a child in for the attendance of such child at the cen- spouses to become providers under the Fam-
such family is reported. ter.’’. ily Child Care program at such installation.
(D) AVAILABILITY ON INTERNET.—A current (b) CHILD CARE FEE ASSISTANCE PROGRAMS (iii) Such recommendations at the Sec-
version of each resource guide under this THROUGHOUT THE ARMED FORCES.— retary of the military department concerned
paragraph shall be available to the public on (1) PROGRAMS AUTHORIZED.—Each Sec- considers appropriate to address the imbal-
an Internet website of the military depart- retary of a military department may carry ance between demand for child care and
ment concerned available to the public. out a program for each Armed Force under availability of child care at such installa-
(d) COORDINATION AND COLLABORATION WITH the jurisdiction of such Secretary under tion, including recommendations to enhance
NON-MILITARY RESOURCES.— which a member of the Armed Forces who is the competitiveness of civilian child care po-
(1) COORDINATION WITH STATES.—The Sec- obtaining child care services from a civilian sitions at such installation with other civil-
retary of Defense shall— child care services provider located off a ian positions at such installation and the ci-
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(A) continue the outreach efforts of the De- military installation is paid (subject to any vilian labor pool in the vicinity of such in-
partment of Defense to the States in order to limitation established by such Secretary) a stallation.
ensure that States are notified when a mem- monthly amount equal to the amount, if SEC. 577. EXPANSION OF FINANCIAL ASSISTANCE
ber of the Armed Forces or a military de- any, by which— UNDER MY CAREER ADVANCEMENT
pendent is involved in a reported incident of (A) the monthly amount charged by such ACCOUNT PROGRAM.
child abuse off a military installation; and provider for such services; exceeds Section 580F of the National Defense Au-
(B) increase efforts at information sharing (B) the monthly amount the military de- thorization Act for Fiscal Year 2020 (Public
between the Department and the States on partment concerned pays or otherwise pro- Law 116–92) is amended—
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S6770 CONGRESSIONAL RECORD — SENATE November 16, 2020
(1) by inserting ‘‘(a) PROFESSIONAL LICENSE establishing the policy and process, which ducted at least once every four years. The
OR CERTIFICATION; ASSOCIATE’S DEGREE.—’’ circumstances and bases may not be incon- surveys may be conducted within the same
before ‘‘The Secretary’’; sistent with the circumstances and bases year or in two separate years, and shall be
(2) by inserting ‘‘or maintenance (including provided by subparagraphs (A) and (B). conducted in a manner designed to reduce
continuing education courses)’’ after ‘‘pur- (2) CONSIDERATIONS.—While not dispositive the burden of the surveys on members of the
suit’’; and as to the existence of a circumstance or basis armed forces.
(3) by adding at the end the following new set forth in paragraph (1), the following shall ‘‘(3)(A) The Secretary of Defense may post-
subsection: be considered in the determination whether pone the conduct of a survey under this sec-
‘‘(b) NATIONAL TESTING.—Financial assist- such circumstance or basis applies to a cov- tion if the Secretary determines that con-
ance under subsection (a) may be applied to ered person for purposes of this section: ducting such survey is not practicable due to
the costs of national tests that may earn a (A) The extent or lack of corroborating a war or national emergency declared by the
participating military spouse course credits evidence against the covered person con- President or Congress.
required for a degree approved under the pro- cerned with respect to the offense at issue. ‘‘(B) The Secretary shall ensure that a sur-
gram (including the College Level Examina- (B) Whether adverse administrative, dis- vey postponed under subparagraph (A) is
tion Program tests).’’. ciplinary, judicial, or other such action was conducted as soon as practicable after the
Subtitle H—Other Matters initiated against the covered person for the end of the period of war or national emer-
SEC. 586. REMOVAL OF PERSONALLY IDENTI- offense at issue. gency concerned, or earlier if the Secretary
FYING AND OTHER INFORMATION (C) The type, nature, and outcome of any determines appropriate.
OF CERTAIN PERSONS FROM INVES- action described in subparagraph (B) against ‘‘(C) The Secretary shall notify Congress of
TIGATIVE REPORTS, THE DEPART- the covered person. a determination under subparagraph (A) not
MENT OF DEFENSE CENTRAL INDEX (3) PROCEDURES.—The policy and process later than 30 days after the date on which
OF INVESTIGATIONS, AND OTHER the Secretary makes such determination.’’.
RECORDS AND DATABASES.
required by subsection (a) shall include pro-
cedures as follows: (b) CADETS AND MIDSHIPMEN.—
(a) POLICY AND PROCESS REQUIRED.—Not (1) UNITED STATES MILITARY ACADEMY.—
later than October 1, 2021, the Secretary of (A) Procedures under which a covered per-
son may appeal a determination of the appli- Section 7461(c) of title 10, United States
Defense shall establish and maintain a pol- Code, is amended by adding at the end the
icy and process through which any covered cable component of the Department of De-
fense denying, whether in whole or in part, a following new paragraph:
person may request that the person’s name, ‘‘(3)(A) The Secretary of Defense may post-
personally identifying information, and request for purposes of subsection (a).
(B) Procedures under which the applicable pone the conduct of an assessment under this
other information pertaining to the person subsection if the Secretary determines that
shall, in accordance with subsection (c), be component of the Department will correct,
expunge or remove, take other appropriate conducting such assessment is not prac-
corrected in, or expunged or otherwise re- ticable due to a war or national emergency
moved from, the following: action on, or assist a covered person in so
doing, any record maintained by a person, declared by the President or Congress.
(1) A law enforcement or criminal inves- ‘‘(B) The Secretary of Defense shall ensure
tigative report of the Department of Defense organization, or entity outside of the De-
that an assessment postponed under subpara-
or any component of the Department. partment to which such component provided,
graph (A) is conducted as soon as practicable
(2) An index item or entry in the Depart- submitted, or transmitted information about
after the end of the period of war or national
ment of Defense Central Index of Investiga- the covered person, which information has or emergency concerned, or earlier if the Sec-
tions (DCII). will be corrected in, or expunged or removed retary determines appropriate.
(3) Any other record maintained in connec- from, Department records pursuant to this ‘‘(C) The Secretary of Defense shall notify
tion with a report described in paragraph (1), section. Congress of a determination under subpara-
or an index item or entry described in para- (C) The timeline pursuant to which the De- graph (A) not later than 30 days after the
graph (2), in any system of records, records partment, or a component of the Depart- date on which the Secretary makes such de-
database, records center, or repository main- ment, as applicable, will respond to each of termination.’’.
tained by or on behalf of the Department. the following: (2) UNITED STATES NAVAL ACADEMY.—Sec-
(b) COVERED PERSONS.—For purposes of (i) A request pursuant to subsection (a). tion 8480(c) of such title is amended by add-
this section, a covered person is any person (ii) An appeal under the procedures re- ing at the end the following new paragraph:
whose name was placed or reported, or is quired by subparagraph (A). ‘‘(3)(A) The Secretary of Defense may post-
maintained— (iii) A request for assistance under the pro- pone the conduct of an assessment under this
(1) in the subject or title block of a law en- cedures required by subparagraph (B). subsection if the Secretary determines that
forcement or criminal investigative report of (D) Mechanisms through which the Depart- conducting such assessment is not prac-
the Department of Defense (or any compo- ment will keep a covered person apprised of ticable due to a war or national emergency
nent of the Department); the progress of the Department on a covered declared by the President or Congress.
(2) as an item or entry in the Department person’s request or appeal as described in ‘‘(B) The Secretary of Defense shall ensure
of Defense Central Index of Investigations; or subparagraph (C). that an assessment postponed under subpara-
(3) in any other record maintained in con- (d) APPLICABILITY.—The policy and process graph (A) is conducted as soon as practicable
nection with a report described in paragraph required to be developed by the Secretary after the end of the period of war or national
(1), or an index item or entry described in under subsection (a) shall not be subject to emergency concerned, or earlier if the Sec-
paragraph (2), in any system of records, the notice and comment rulemaking require- retary determines appropriate.
records database, records center, or reposi- ments under section 553 of title 5, United ‘‘(C) The Secretary of Defense shall notify
tory maintained by or on behalf of the De- States Code. Congress of a determination under subpara-
partment. (e) REPORT.—Not later than October 1, 2021, graph (A) not later than 30 days after the
(c) ELEMENTS.—The policy and process re- the Secretary shall submit to the Commit- date on which the Secretary makes such de-
quired by subsection (a) shall include the fol- tees on Armed Services of the Senate and the termination.’’.
lowing elements: House of Representatives a report on the ac- (3) UNITED STATES AIR FORCE ACADEMY.—
(1) BASIS FOR CORRECTION OR tions taken to carry out this section, includ-
Section 9461(c) of such title is amended by
EXPUNGEMENT.—That the name, personally ing a comprehensive description of the pol-
adding at the end the following new para-
identifying information, and other informa- icy and process developed and implemented
graph:
tion of a covered person shall be corrected by the Secretary under subsection (a). ‘‘(3)(A) The Secretary of Defense may post-
in, or expunged or otherwise removed from, a SEC. 587. NATIONAL EMERGENCY EXCEPTION
pone the conduct of an assessment under this
report, item or entry, or record described in FOR TIMING REQUIREMENTS WITH
RESPECT TO CERTAIN SURVEYS OF subsection if the Secretary determines that
paragraphs (1) through (3) of subsection (a) conducting such assessment is not prac-
MEMBERS OF THE ARMED FORCES.
in the following circumstances: ticable due to a war or national emergency
(a) MEMBERS OF REGULAR AND RESERVE
(A) Probable cause did not or does not declared by the President or Congress.
COMPONENTS.—Subsection (d) of section 481
exist to believe that the offense for which ‘‘(B) The Secretary of Defense shall ensure
of title 10, United States Code, is amended to
the person’s name was placed or reported, or that an assessment postponed under subpara-
read as follows:
is maintained, in such report, item or entry, ‘‘(d) WHEN SURVEYS REQUIRED.—(1) The graph (A) is conducted as soon as practicable
or record occurred, or insufficient evidence Armed Forces Workplace and Gender Rela- after the end of the period of war or national
existed or exists to determine whether or not tions Surveys of the Active Duty and the emergency concerned, or earlier if the Sec-
such offense occurred. Armed Forces Workplace and Gender Rela- retary determines appropriate.
(B) Probable cause did not or does not exist
rfrederick on DSKBCBPHB2PROD with SENATE
tions Survey of the Reserve Components ‘‘(C) The Secretary of Defense shall notify
to believe that the person actually com- shall each be conducted once every two Congress of a determination under subpara-
mitted the offense for which the person’s years. The surveys may be conducted within graph (A) not later than 30 days after the
name was so placed or reported, or is so the same year or in two separate years, and date on which the Secretary makes such de-
maintained, or insufficient evidence existed shall be conducted in a manner designed to termination.’’.
or exists to determine whether or not the reduce the burden of the surveys on members (c) DEPARTMENT OF DEFENSE CIVILIAN EM-
person actually committed such offense. of the armed forces. PLOYEES.—Section 481a of title 10, United
(C) Such other circumstances, or on such ‘‘(2) The two Armed Forces Workplace and States Code, is amended by adding at the end
other bases, as the Secretary may specify in Equal Opportunity Surveys shall be con- the following new subsection:
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