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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.

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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/, SHA-256 dd6afed268b1501ec8976dca2a6f138c1dc670b9d60befedc8804c76abb7f740.

Full text

                                                 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.




rfrederick on DSKBCBPHB2PROD with SENATE
                                                                                                                      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




rfrederick on DSKBCBPHB2PROD with SENATE
                                                                                                                                                                             spector general authorities for
                                                               the Department of Defense.                              Armed Forces participating in                         Afghanistan reconstruction.
                                                 Sec. 1239. Report on Russian Federation sup-                          the Multinational Force and
                                                               port of racially and ethnically                         Observers in Egypt.                        TITLE XVI—STRATEGIC PROGRAMS,
                                                               motivated violent extremists.             Sec. 1285. Modification to initiative to sup-           CYBER, AND INTELLIGENCE MATTERS
                                                 Sec. 1240. Participation in European pro-                             port protection of national se-                   Subtitle A—Space Activities
                                                               gram on multilateral exchange                           curity academic researchers              Sec. 1601. Resilient and survivable posi-
                                                               of surface transportation serv-                         from undue influence and other                        tioning, navigation, and timing
                                                               ices.                                                   security threats.                                     capabilities.




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                                                 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




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                                                              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-




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                                                                                                                       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.




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                                                                                                                       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




rfrederick on DSKBCBPHB2PROD with SENATE
                                                               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




rfrederick on DSKBCBPHB2PROD with SENATE
                                                 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:




rfrederick on DSKBCBPHB2PROD with SENATE
                                                 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-




rfrederick on DSKBCBPHB2PROD with SENATE
                                                 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




rfrederick on DSKBCBPHB2PROD with SENATE
                                                                                                         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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