S. 4049 — what changed
National Defense Authorization Act for Fiscal Year 2021
From Reported in Senate to Engrossed in Senate. 40 sections amended, 264 added, and 5 removed between Reported in Senate and Engrossed in Senate.
Sec. 2 Organization of Act into divisions; table of contents
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Divisions— This Act is organized into four six divisions as follows:
Division A—Department of Defense Authorizations.
Division B—Military Construction Authorizations.
Division C—Department of Energy National Security Authorizations and Other Authorizations.
Division D—Funding Tables.
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Division E—Additional Provisions.
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Division F—Intelligence Authorization Act for Fiscal Year 2021.
Table of contents— The table of contents for this Act is as follows:
Sec. 111 Integrated air and missile defense assessment
Assessment by Secretary of the Army—
In general— The Secretary of the Army shall conduct a classified assessment of the capability and capacity of current and planned integrated air and missile defense (IAMD) capabilities to meet combatant commander requirements for major operations against great-power competitors and other global operations in support of the National Defense Strategy.
Elements— The assessment required by paragraph (1) shall include the following:
Analysis and characterization of current and emerging threats, including the following:
Cruise, hypersonic, and ballistic missiles.
Unmanned aerial systems.
Rockets.
Other indirect fire.
Specific and meaningfully varied examples within each of subclauses (I) through (IV).
Analysis of current and planned integrated air and missile defense capabilities to counter the threats analyzed and characterized under subparagraph (A), including the following:
Projected timelines for development, procurement, and fielding of planned integrated air and missile defense capabilities.
Projected capability gaps.
Opportunities for acceleration or need for incorporation of interim capabilities to address current and projected gaps.
Analysis of current and planned capacity to meet major contingency plan requirements and ongoing global operations of the combatant commands, including the following:
Current and planned numbers of integrated air and missile defense systems and formations, including munitions.
Capacity gaps in addressing combatant command requirements.
Operations tempo stress on integrated air and missile defense formations and personnel.
Plans of the Secretary to continue to increase integrated air and missile defense personnel and formations.
Assessment of integrated air and missile defense architecture and enabling command and control systems, including the following:
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A description of the integrated air and missile defense architecture and component counter unmanned aerial systems (C-UAS) (C–UAS) sub-architecture.
Identification of the enabling command and control (C2) systems.
Inter-connectivity of the enabling command and control systems.
Compatibility of the enabling command and control systems with planned Joint All Domain Command and Control (JADC2) architecture.
Assessment of proponency within the Army of integrated air and missile defense and counter unmanned aerial systems, including the following:
A description of the current proponency structure.
Adequacy of the current proponency structure to facilitate Army executive agency integrated air and missile defense and counter unmanned aerial systems functions for the Department of Defense.
Benefits of establishing integrated air and missile defense and counter unmanned aerial systems centers of excellence to help focus Army and joint force efforts to achieving a functional integrated air and missile defense capability and capacity to meet requirements of the combatant commands.
Characterization—
In general— In carrying out paragraph (2)(A), the Secretary shall avoid broad characterizations that do not sufficiently distinguish between distinctly different threats in the same general class.
Example— An example of a broad characterization to be avoided under such paragraph is “cruise missiles”, since such characterization does not sufficiently distinguish between current cruise missiles and emerging hypersonic cruise missiles, which may require different capabilities to counter them.
Report and interim briefing—
Interim briefing— Not later than December 15, 2020, the Secretary shall provide the Committee on Armed Services of the Senate and Committee on Armed Services of the House of Representatives a briefing on the assessment being conducted by the Secretary under paragraph (1).
Report— Not later than February 15, 2021, the Secretary shall submit to the Committee on Armed Services of the Senate and Committee on Armed Services of the House of Representatives a report on the findings of the Secretary with respect to the assessment conducted under paragraph (1).
Review by Vice Chairman of the Joint Chiefs of Staff—
Review— The Vice Chairman of the Joint Chiefs of Staff shall review the assessment being conducted under subsection (a)(1) for potential gaps in capability and capacity to meet requirements of the National Defense Strategy.
Report— Not later than April 15, 2021, the Vice Chairman of the Joint Chiefs of Staff shall submit to the Committee on Armed Services of the Senate and Committee on Armed Services of the House of Representatives a report on the finding of the Vice Chairman with respect to the review conducted under paragraph (1).
Sec. 121 Contract authority for Columbia-class submarine program
Contract authority— The Secretary of the Navy may enter into a contract, beginning with fiscal year 2021, for the procurement of up to two Columbia-class submarines.
Incremental funding— With respect to a contract entered into under subsection (a), the Secretary of the Navy may use incremental funding to make payments under the contract.
Liability— Any contract entered into under subsection (a) shall provide that—
any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose; and
total liability of the Federal Government for termination of any contract entered into shall be limited to the total amount of funding obligated to the contract at time of termination.
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total liability of the Federal Government for termination of any contract entered into shall be limited to the total amount of funding obligated to the contract at time of termination.
Sec. 127 Report on carrier wing composition
Report— Not later than May 1, 2021, the Secretary of the Navy, in consultation with the Chief of Naval Operations and Commandant of the Marine Corps, shall submit to the congressional defense committees a report on the optimal composition of the carrier air wing in 2030 and 2040, as well as alternative force design concepts.
Elements— The report required under subsection (a) shall include the following elements:
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An analysis and justification used to reach the 50-50 50–50 mix of 4th and 5th generation aircraft for 2030.
An analysis and justification for the optimal mix of carrier aircraft for 2040.
A plan for incorporating unmanned aerial vehicles and associated communication capabilities to effectively implement the future force design.
Sec. 128 Report on strategy to use ALQ–249 Next Generation Jammer to ensure full spectrum electromagnetic superiority
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Report— Not later than July 30, 2021, the Secretary of the Navy, in consultation with the Vice Chairman of the Joint Chiefs, shall submit to the congressional defense committees report with a strategy to ensure full spectrum electromagnetic superiority using the ALQ-249 ALQ–249 Next Generation Jammer.
Elements— The report required under subsection (a) shall include the following elements:
A description of the current procurement strategy of the ALQ–249 and the analysis of its capability to meet the RF frequency ranges required in a National Defense Strategy (NDS) conflict.
An assessment of the ALQ–249's compatibility and ability to synchronize non-kinetic fires using other Joint Electronic Warfare (EW) platforms.
A future model of an interlinked/interdependent electronic warfare menu of options for commanders at tactical, operational, and strategic levels.
Sec. 181 Requirement to accelerate the fielding and development of counter unmanned aerial systems across the joint force
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Priority objectives for Executive Agent for C-UAS—C–UAS— The Executive Agent of the Joint Counter Small Unmanned Aerial Systems (C-sUAS) Office, as designated by the Under Secretary of Defense, Acquisition and Sustainment, shall prioritize the following objectives:
Select counter unmanned aerial systems that can be fielded as early as fiscal year 2021 to meet immediate operational needs in countering Group 1, 2, and 3 unmanned aerial systems with the potential to expand to other larger systems.
Devise and execute a near-term plan to develop and field a select set of counter unmanned aerial systems to meet joint force requirements, beginning in fiscal year 2021.
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Fielding C-UAS C–UAS systems in fiscal year 2021— Pursuant to subsection (a)(1), the Executive Agent shall prioritize the selection of counter unmanned aerial systems that can be fielded in fiscal year 2021 with specific emphasis on systems that—
have undergone effective combat validations;
meet the operational demands of deployed forces facing the most significant threats, especially unmanned aerial systems that are not remotely piloted or are not reliant on a command link; and
utilize autonomous systems and processes that increase operational effectiveness, reduce the manning demands on operational forces, and limit the need for government-funded contractor logistics support.
Near-term development plan— The plan for the near-term development of counter unmanned aerial systems prioritized under subsection (a)(2) shall ensure, at a minimum, that the development of such systems—
builds, as much as practicable, upon systems that were selected for fielding in fiscal year 2021 and the criteria prioritized for their selection, as specified in subsection (b);
reduces or accelerates the timeline for initial operational capability and full operational capability;
utilizes a software-defined, family-of-systems approach that enables the flexible and continuous integration of different types of sensors and mitigation solutions based on the different demands of particular military installations and deployed forces, physical geographies, and threat profiles; and
gives preference to commercial items, as required in section 3307 of title 41, United States Code, when making selections of counter unmanned aerial systems or component parts, including a common command and control system.
Briefing— Not later than 60 days after the date of the enactment of this Act, the Executive Agent shall brief the congressional defense committees on the selection process for counter unmanned aerial systems capabilities prioritized under paragraph (1) of subsection (a) and the plan prioritized under paragraph (2) of such subsection.
Oversight— The Executive Agent shall—
oversee the program management and execution of all counter unmanned aerial systems being developed within the military departments on the day before the date of the enactment of this Act; and
ensure that the plan prioritized under subsection (a)(2) guides future programmatic and funding decisions for activities relating to counter unmanned aerial systems, including cancellation of such activities.
Sec. 212 Governance of fifth-generation wireless networking in the Department of Defense
In general— In carrying out the responsibilities established in section 142 of title 10, United States Code, the Chief Information Officer (CIO) of the Department of Defense shall—
lead the cross-functional team established pursuant to subsection (c); and
serve as the senior designated official for fifth-generation wireless networking (commonly known as “5G”) policy, oversight, guidance, research, and coordination in the Department.
Responsibilities— The Chief Information Officer shall have, with respect to authorities referenced in subsection (a), the following responsibilities:
Proposing governance, management, and organizational policy for fifth-generation wireless networking to the Secretary of Defense, in consultation with the heads of the constituent organizations of the cross-functional team established pursuant to subsection (c).
Leading the cross-functional team established pursuant to subsection (c).
Cross-functional team for fifth-generation wireless networking—
Establishment required— The Secretary of Defense shall, in accordance with section 911(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note), establish a cross-functional team for fifth-generation wireless networking in order—
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to advance the development and adoption of commercially available next generation wireless communication technologies, capabilities, security, and applications in by the Department of Defense, Defense and the defense industrial base, and the commercial sector; base; and
to support public-private partnership between the Department and industry regarding fifth-generation wireless networking.
Purpose— The purpose of the cross-functional team established pursuant to paragraph (1) shall be the—
oversight of the implementation of the strategy developed as required by section 254 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) for harnessing fifth-generation wireless networking technologies, coordinated across all relevant elements of the Department;
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coordination of research and development, implementation and acquisition activities, warfighting concept development, spectrum policy, industrial policy and commercial outreach and partnership relating to fifth-generation wireless networking in the Department of Defense, Department, and interagency and international engagement;
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integration of the Department of Defense’s Department’s fifth-generation wireless networking programs and policies with major Department initiatives, programs, and policies surrounding secure microelectronics and command and control; and
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oversight, coordination, execution, and leadership of, as appropriate, Department of Defense initiatives to advance the national deployment of fifth-generation wireless networks network technologies and associated applications in developed for the Federal Government and relevant commercial partners.Department.
Roles and responsibilities— The Secretary of Defense, through the cross-functional team established under subsection (c), shall define the roles of the organizations within the Office of the Secretary of Defense, Department of Defense intelligence components, military services, defense agencies and field activities, combatant commands, and the Joint Staff, for fifth-generation wireless networking policy and programs within the Department.
Briefing— Not later than March 15, 2021, the Secretary shall submit to the congressional defense committees a briefing on the establishment of the cross-functional team pursuant to subsection (c) and the roles and responsibilities defined pursuant to subsection (d).
Rule of construction—
In general— Nothing in this section shall be construed as providing the Chief Information Officer immediate responsibility for the Department’s activities in fifth-generation wireless networking experimentation and science and technology development.
Purview of experimentation and science and technology development— The activities described in paragraph (1) shall remain within the purview of the Under Secretary of Defense for Research and Engineering, but shall inform and be informed by the activities of the cross-functional team established pursuant to subsection (c).
Sec. 235 Report on micro nuclear reactor programs
Report required— The Secretary of Defense shall submit to the appropriate congressional committees a report on the micro nuclear reactor programs of the Department of Defense.
Contents— The report required by subsection (a) shall include the following:
Potential operational uses on United States and non-United States territory, including both mobile and fixed systems.
Cost and schedule estimates for each new or ongoing program to reach initial operational capability, including the timeline for transition of any program currently funded using defense-wide funds to one or more military services and the identified transition partner in such military services.
In consultation with the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense programs, an assessment of physical security requirements for use of such reactors on domestic military installations and non-United States nondomestic installations or locations, including fully permissive, semi-permissive, and remote environments, including a preliminary design basis threat analysis.
In coordination with the Secretary of State—
an assessment of any agreements or changes to agreements that would be required for use of such reactors on non-United States territory;
an assessment of applicability of foreign regulations or International Atomic Energy Agency safeguards for use on non-United States territory; and
other policy implications of deployment of such systems on non-United States territory.
In coordination with the Chairman of the Nuclear Regulatory Commission, a summary of licensing requirements for operation of such systems on United States territory.
A summary of requirements pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for development and operation on United States territory.
In consultation with the General Counsel of the Department of Defense, an assessment of any issues relating to indemnification for operation on United States or non-United States territory and any other relevant legal matters.
In coordination with the Secretary of State and the Secretary of Energy, a determination of whether development, production, and deployment of such systems would require unobligated enriched uranium fuel.
If the determination in paragraph (8) is that unobligated fuel would be required, in coordination with the Administrator for Nuclear Security, an assessment of the availability of such unobligated enriched uranium fuel, by year, for the estimated life of the program, considered with other United States Government demands for such fuel, including tritium production, naval nuclear propulsion, and medical isotope production.
Any other considerations the Secretary determines relevant.
Consultation— In addition to consultation and coordination required under subsection (b), the Secretary shall, in producing the report required by subsection (a), consult with the Secretary of the Army, the Chairman of the Joint Chiefs of Staff, the Under Secretary of Defense for Policy, the Director of Naval Nuclear Propulsion, and such other officials as the Secretary considers necessary.
Form— The report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
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Limitation on use of funds— Not more than 20 percent of the amounts authorized to be appropriated by this Act for fiscal year 2021 for Department of Defense micro nuclear reactor programs shall be obligated or expended until the Secretary submits the report required by subsection (a) to the appropriate congressional committees.
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Rule of construction— Nothing in this provision shall be construed to limit or otherwise apply to the Naval Nuclear Propulsion program as established by Executive Order No. 12344, dated February 1, 1982 (42 U.S.C. 7158 note).
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Definitions— In this section:
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The term appropriate congressional committees means—
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the Committee on Armed Services, the Committee on Appropriations, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Foreign Relations of the Senate; and
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the Committee on Armed Services, the Committee on Appropriations, the Committee on Energy and Commerce, the Committee on Natural Resources, and the Committee on Foreign Affairs of the House of Representatives.
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The term micro nuclear reactormeans a nuclear reactor with a production capacity of less than 20 megawatts.
Sec. 240 Report on use of testing facilities to research and develop hypersonic technology
addedadded Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the costs and benefits of the use and potential refurbishment of existing operating and mothballed Federal research and testing facilities to support hypersonics activities of the Department of Defense.
Sec. 241 Study and plan on the use of additive manufacturing and three-dimensional bioprinting in support of the warfighter
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Study— The Secretary of Defense shall conduct a study on the use of additive manufacturing and three-dimensional bioprinting across the Military Health System.
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Elements— The study required by subsection (a) shall examine the activities currently underway by each of the military services and the Department agencies, including costs, sources of funding, oversight, collaboration, and outcomes.
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Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the results of the study conducted under subsection (a).
Sec. 242 Element in annual reports on cyber science and technology activities on work with academic consortia on high priority cybersecurity research activities in Department of Defense capabilities
addedadded Section 257(b)(2) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Sta. 1291) is amended by adding at end the following new subparagraph:
added “(J) Efforts to work with academic consortia on high priority cybersecurity research activities.”
Sec. 311 Modifications and technical corrections to ensure restoration of contamination by perfluorooctane sulfonate and perfluorooctanoic acid
Definition for PFOA and PFOS— Section 2700 of title 10, United States Code, is amended by adding at the end the following new paragraphs:
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“(4) The term perfluorooctane sulfonate means perfluorooctane sulfonic acid or sulfonate (commonly referred to as “PFOS”) (Chemical Abstracts Service No. 1763-23-1) 1763–23–1) and the salts associated with perfluorooctane sulfonic acid or sulfonate (Chemical Abstracts Service Nos. 2795–39–3, 29457–72–5, 56773–42–3, 29081–56–9, and 70225–14–8).
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“(5) The term perfluorooctanoic acid means perfluorooctanoic acid (commonly referred to as “PFOA”) (Chemical Abstracts Service No. 335-67-1) 335–67–1) and the salts associated with perfluorooctanoic acid (Chemical Abstracts Service Nos. 3825-26-1, 335-95-5, 3825–26–1, 335–95–5, and 68141-02-6).”68141–02–6).”
Modification of environmental restoration accounts— Section 2703 of such title is amended—
in subsection (e)(2), by striking “environmental”;
in subsection (f), by striking “to the Environmental Restoration Account, Defense, or to any environmental restoration account of a military department,” and inserting “or transferred to an account established under subsection (a)”;
by striking subsection (g) and inserting the following:
“(g) Sole source of funds for responses under this chapter—Except as provided in subsection (h), the sole source of funds for all phases of a response under this chapter shall be the applicable environmental restoration account established under subsection (a).”
in subsection (h)—
in the subsection heading, by striking “environmental remediation” and inserting “responses”; and
by striking “services procured under section 2701(d)(1) of this title” and inserting “a response”.
Modification of authority for environmental restoration projects of National Guard—
In general— Section 2707(e) of such title is amended—
by striking “Notwithstanding” and inserting “(1) Notwithstanding”;
by inserting “where military activities are conducted by the National Guard of a State under title 32” after “facility”; and
by adding at the end the following new paragraph:
“(2) The Secretary concerned may use the authority under section 2701(d) of this title to carry out environmental restoration projects under paragraph (1).”
Correction of definition of facility— Paragraph (2) of section 2700 of such title is amended—
in subparagraph (A), by striking “(A) The terms” and inserting “The terms”; and
by striking subparagraph (B).
Extension of contract authority— Section 2708(b) of such title is amended—
in paragraph (1), by striking “fiscal years 1992 through 1996” and inserting “a period specified in paragraph (3)”; and
by adding at the end the following new paragraph:
“(3) A period specified in this paragraph is—
“(A) the period of fiscal years 1992 through 1996; or
“(B) on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2021.”
Technical consistency for munitions response—
Program goals— Section 2701(b)(2) of such title is amended by striking “of unexploded ordnance” and inserting “of unexploded ordnance, discarded military munitions, and munitions constituents in a manner consistent with section 2710 of this title”.
Environmental restoration accounts— Section 2703(b) of such title is amended by striking the second sentence and inserting the following new sentence: “Such remediation shall be conducted in a manner consistent with section 2710 of this title.”.
Transfer of definitions—
Transfer— Paragraphs (2) and (3) of section 2710(e) of such title are—
transferred to section 2700 of such title;
added at the end of such section; and
redesignated as paragraphs (6) and (7), respectively.
Redesignation of definitions— Section 2710(e) of such title is amended by redesignating paragraphs (4) through (7) as paragraphs (2) through (5), respectively.
Conforming amendments— Section 313(d) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2710 note) is amended—
in paragraph (2)—
by striking ““discarded military munitions”, “munitions constituents”, and “defense sites”” and inserting ““discarded military munitions” and “munitions constituents””; and
by striking “section 2710(e)” and inserting “section 2700”; and
by adding at the end the following new paragraph:
“(3) The term defense site has the meaning given such term in section 2710(e) of such title.”
Technical correction regarding cooperative agreements— Section 332(a)(2) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended, in the matter preceding subparagraph (A), by striking “shall meet or exceed the most stringent of the following” and inserting “relating to a response shall reflect application to the response of the most protective of the following”.
Sec. 320 Extension of real-time sound monitoring at Navy installations where tactical fighter aircraft operate
addedadded Section 325(a)(1) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by striking “a 12-month period” and inserting “two 12-month periods, including one such period that begins in fiscal year 2021”.
Sec. 321 Study on impacts of transboundary flows, spills, or discharges of pollution or debris from the Tijuana River on personnel, activities, and installations of Department of Defense
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Study—
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In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Administrator of the Environmental Protection Agency, the Secretary of State, and the United States Commissioner of the International Boundary and Water Commission, shall commission an independent scientific study of the impacts of transboundary flows, spills, or discharges of pollution or debris from the Tijuana River on the personnel, activities, and installations of the Department of Defense.
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Elements— The study required by paragraph (1) shall address the short-term, long-term, primary, and secondary impacts of transboundary flows, spills, or discharges of pollution or debris from the Tijuana River and include recommendations to mitigate such impacts.
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Report— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate committees of Congress a report containing the results of the study under subsection (a), including all findings and recommendations resulting from the study.
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Appropriate committees of Congress defined— In this section, the term appropriate committees of Congress means—
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the Committee on Armed Services, the Committee on Environment and Public Works, and the Committee on Foreign Relations of the Senate; and
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the Committee on Armed Services, the Committee on Transportation and Infrastructure, and the Committee on Foreign Affairs of the House of Representatives.
Sec. 322 Increase in funding for study by Centers for Disease Control and Prevention relating to perfluoroalkyl and polyfluoroalkyl substance contamination in drinking water
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In general—
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Increase— The amount authorized to be appropriated by this Act for fiscal year 2021 for Operation and Maintenance, Defense Wide for SAG 4GTN for the study by the Centers for Disease Control and Prevention under section 316(a)(2)(B)(ii) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1350) is hereby increased by $5,000,000.
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Offset— The amount authorized to be appropriated by this Act for fiscal year 2021 for Operation and Maintenance, Army for SAG 421, Servicewide Transportation is hereby reduced by $5,000,000.
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Increase in transfer authority— Section 316(a)(2)(B)(ii) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1350), as amended by section 315(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1713), is amended by striking “$10,000,000” and inserting “$15,000,000”.
Sec. 380 Requirement that Secretary of Defense implement security and emergency response recommendations relating to active shooter or terrorist attacks on installations of Department of Defense
Requirement— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall implement the applicable security and emergency response recommendations relating to active shooter or terrorist attacks on installations of the Department of Defense made in the following reports:
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The report by the Government Accountability Office dated July 2015 entitled, “Insider Threats: DOD Should Improve Information Sharing and Oversight to Protect U.S. Installations” (GAO-15-543).(GAO–15–543).
The report prepared by the Department of the Navy relating to the Washington Navy Yard shooting in 2013.
The report by the Department of the Army dated August 2010 entitled “Fort Hood, Army Internal Review Team: Final Report”.
The independent review by the Department of Defense dated January 2010 entitled “Protecting the Force: Lessons from Fort Hood”.
The report by the Department of the Air Force dated October 2010 entitled “Air Force Follow-On Review: Protecting the Force: Lessons from Fort Hood”.
Notification of inapplicable recommendations—
In general— If the Secretary determines that a recommendation described in subsection (a) is outdated, is no longer applicable, or has been superseded by more recent separate guidance or recommendations set forth by the Government Accountability Office, the Department of Defense, or another entity in related contracted review, the Secretary shall notify the Committees on Armed Services of the Senate and the House of Representatives not later than 45 days after the date of the enactment of this Act.
Identification and justification— The notification under paragraph (1) shall include an identification, set forth by report specified in subsection (a), of each recommendation that the Secretary determines should not be implemented, with a justification for each such determination.
Sec. 507 Clarifying and improving restatement of rules on the retired grade of commissioned officers
Restatement—
In general— Chapter 69 of title 10, United States Code, is amended by striking section 1370 and inserting the following new sections:
“1370. Regular commissioned officers
“(a) Retirement in highest grade in which served satisfactorily
“(1) In general—Unless entitled to a different retired grade under some other provision of law, a commissioned officer (other than a commissioned warrant officer) of the Army, Navy, Air Force, Marine Corps, or Space Force who retires under any provision of law other than chapter 61 or 1223 of this title shall be retired in the highest permanent grade in which such officer is determined to have served on active duty satisfactorily.
“(2) Determination of satisfactory service—The determination of satisfactory service of an officer in a grade under paragraph (1) shall be made as follows:
“(A) By the Secretary of the military department concerned, if the officer is serving in a grade at or below the grade of major general, rear admiral in the Navy, or the equivalent grade in the Space Force.
“(B) By the Secretary of Defense, if the officer is serving or has served in a grade above the grade of major general, rear admiral in the Navy, or the equivalent grade in the Space Force.
“(3) Effect of misconduct in lower grade in determination—If the Secretary of a military department or the Secretary of Defense, as applicable, determines that an officer committed misconduct in a lower grade than the retirement grade otherwise provided for the officer by this section—
“(A) such Secretary may deem the officer to have not served satisfactorily in any grade equal to or higher than such lower grade for purposes of determining the retirement grade of the officer under this section; and
“(B) the grade next lower to such lower grade shall be the retired grade of the officer under this section.
“(4) Nature of retirement of certain reserve officers and officers in temporary grades—A reserve officer, or an officer appointed to a position under section 601 of this title, who is notified that the officer will be released from active duty without the officer's consent and thereafter requests retirement under section 7311, 8323, or 9311 of this title and is retired pursuant to that request is considered for purposes of this section to have been retired involuntarily.
“(5) Nature of retirement of certain removed officers—An officer retired pursuant to section 1186(b)(1) of this title is considered for purposes of this section to have been retired voluntarily.
“(b) Retirement of officers retiring voluntarily
“(1) Service-in-grade requirement—In order to be eligible for voluntary retirement under any provision of this title in a grade above the grade of captain in the Army, Air Force, or Marine Corps, lieutenant in the Navy, or the equivalent grade in the Space Force, a commissioned officer of the Army, Navy, Air Force, Marine Corps, or Space Force must have served on active duty in that grade for a period of not less than three years, except that—
“(A) subject to subsection (c), the Secretary of Defense may reduce such period to a period of not less than two years for any officer; and
“(B) in the case of an officer to be retired in a grade at or below the grade of major general in the Army, Air Force, or Marine Corps, rear admiral in the Navy, or an equivalent grade in the Space Force, the Secretary of Defense may authorize the Secretary of the military department concerned to reduce such period to a period of not less than two years.
“(2) Limitation on delegation—The authority of the Secretary of Defense in subparagraph (A) of paragraph (1) may not be delegated. The authority of the Secretary of a military department in subparagraph (B) of paragraph (1), as delegated to such Secretary pursuant to such subparagraph, may not be further delegated.
“(3) Waiver of requirement—Subject to subsection (c), the President may waive the application of the service-in-grade requirement in paragraph (1) to officers covered by that paragraph in individual cases involving extreme hardship or exceptional or unusual circumstances. The authority of the President under this paragraph may not be delegated.
“(4) Limitation on reduction or waiver of requirement for officers under investigation or pending misconduct—In the case of an officer to be retired in a grade above the grade of colonel in the Army, Air Force, or Marine Corps, captain in the Navy, or the equivalent grade in the Space Force, the service-in-grade requirement in paragraph (1) may not be reduced pursuant to that paragraph, or waived pursuant to paragraph (3), while the officer is under investigation for alleged misconduct or while there is pending the disposition of an adverse personnel action against the officer.
“(5) Grade and fiscal year limitations on reduction or waiver of requirements—The aggregate number of members of an armed force in a grade for whom reductions are made under paragraph (1), and waivers are made under paragraph (3), in a fiscal year may not exceed—
“(A) in the case of officers to be retired in a grade at or below the grade of major in the Army, Air Force, or Marine Corps, lieutenant commander in the Navy, or the equivalent grade in the Space Force, the number equal to two percent of the authorized active-duty strength for that fiscal year for officers of that armed force in that grade;
“(B) in the case of officers to be retired in the grade of lieutenant colonel or colonel in the Army, Air Force, or Marine Corps, commander or captain in the Navy, or an equivalent grade in the Space Force, the number equal to four percent of the authorized active-duty strength for that fiscal year for officers of that armed force in the applicable grade; or
“(C) in the case of officers to be retired in the grade of brigadier general or major general in the Army, Air Force, or Marine Corps, rear admiral (lower half) or rear admiral in the Navy, or an equivalent grade in the Space Force, the number equal to 10 percent of the authorized active-duty strength for that fiscal year for officers of that armed force in the applicable grade.
“(6) Notice to Congress on reduction or waiver of requirements for general, flag, and equivalent officer grades—In the case of an officer to be retired in a grade that is a general or flag officer grade, or an equivalent grade in the Space Force, who is eligible to retire in that grade only by reason of an exercise of the authority in paragraph (1) to reduce the service-in-grade requirement in that paragraph, or the authority in paragraph (3) to waive that requirement, the Secretary of Defense or the President, as applicable, shall, not later than 60 days prior to the date on which the officer will be retired in that grade, notify the Committees on Armed Services of the Senate and the House of Representatives of the exercise of the applicable authority with respect to that officer.
“(7) Retirement in next lowest grade for officers not meeting requirement—An officer described in paragraph (1) whose length of service in the highest grade held by the officer while on active duty does not meet the period of the service-in-grade requirement applicable to the officer under this subsection shall, subject to subsection (c), be retired in the next lower grade in which the officer served on active duty satisfactorily, as determined by the Secretary of the military department concerned or the Secretary of Defense, as applicable.
“(c) Officers in O–9 and O–10 grades
“(1) In general—An officer of the Army, Navy, Air Force, Marine Corps, or Space Force who is serving or has served in a position of importance and responsibility designated by the President to carry the grade of lieutenant general or general in the Army, Air Force, or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force under section 601 of this title may be retired in such grade under subsection (a) only after the Secretary of Defense certifies in writing to the President and the Committees on Armed Services of the Senate and the House of Representatives that the officer served on active duty satisfactorily in such grade.
“(2) Prohibition on delegation—The authority of the Secretary of Defense to make a certification with respect to an officer under paragraph (1) may not be delegated.
“(3) Requirements in connection with certification—A certification with respect to an officer under paragraph (1) shall—
“(A) be submitted by the Secretary of Defense such that it is received by the President and the Committees on Armed Services of the Senate and the House of Representatives not later than 60 days prior to the date on which the officer will be retired in the grade concerned;
“(B) include an up-to-date copy of the military biography of the officer; and
“(C) include the statement of the Secretary as to whether or not potentially adverse, adverse, or reportable information regarding the officer was considered by the Secretary in making the certification.
“(4) Construction with other notice—In the case of an officer under paragraph (1) to whom a reduction in the service-in-grade requirement under subsection (b)(1) or waiver under subsection (b)(3) applies, the requirement for notification under subsection (b)(6) is satisfied if the notification is included in the certification submitted by the Secretary of Defense under paragraph (1).
“(d) Conditional retirement grade and retirement for officers pending investigation or adverse action
“(1) In general—When an officer serving in a grade at or below the grade of major general in the Army, Air Force, or Marine Corps, rear admiral in the Navy, or an equivalent grade in the Space Force is under investigation for alleged misconduct or pending the disposition of an adverse personnel action at the time of retirement, the Secretary of the military department concerned may—
“(A) conditionally determine the highest permanent grade of satisfactory service on active duty of the officer pending completion of the investigation or resolution of the personnel action, as applicable; and
“(B) retire the officer in that conditional grade, subject to subsection (e).
“(2) Officers in O–9 and O–10 grades—When an officer described by subsection (c)(1) is under investigation for alleged misconduct or pending the disposition of an adverse personnel action at the time of retirement, the Secretary of Defense may—
“(A) conditionally determine the highest permanent grade of satisfactory service on active duty of the officer, pending completion of the investigation or personnel action, as applicable; and
“(B) retire the officer in that conditional grade, subject to subsection (e).
“(3) Reduction or waiver of service-in-grade requirement prohibited for general, flag, and equivalent officer grades—In conditionally determining the retirement grade of an officer under paragraph (1)(A) or (2)(A) of this subsection to be a grade above the grade of colonel in the Army, Air Force, or Marine Corps, captain in the Navy, or the equivalent grade in the Space Force, the service-in-grade requirement in subsection (b)(1) may not be reduced pursuant to subsection (b)(1) or waived pursuant to subsection (b)(3).
“(4) Prohibition on delegation—The authority of the Secretary of a military department under paragraph (1) may not be delegated. The authority of the Secretary of Defense under paragraph (2) may not be delegated.
“(e) Final retirement grade following resolution of pending investigation or adverse action
“(1) No change from conditional retirement grade—If the resolution of an investigation or personnel action with respect to an officer who has been retired in a conditional retirement grade pursuant to subsection (d) results in a determination that the conditional retirement grade in which the officer was retired will not be changed, the conditional retirement grade of the officer shall, subject to paragraph (3), be the final retired grade of the officer.
“(2) Change from conditional retirement grade—If the resolution of an investigation or personnel action with respect to an officer who has been retired in a conditional retirement grade pursuant to subsection (d) results in a determination that the conditional retirement grade in which the officer was retired should be changed, the changed retirement grade shall be the final retired grade of the officer under this section, except that if the final retirement grade provided for an officer pursuant to this paragraph is the grade of lieutenant general or general in the Army, Air Force, or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force, the requirements in subsection (c) shall apply in connection with the retirement of the officer in such final retirement grade.
“(3) Recalculation of retired pay
“(A) In general—If the final retired grade of an officer is as a result of a change under paragraph (2), the retired pay of the officer under chapter 71 of this title shall be recalculated accordingly, with any modification of the retired pay of the officer to go into effect as of the date of the retirement of the officer.
“(B) Payment of higher amount for period of conditional retirement grade—If the recalculation of the retired pay of an officer results in an increase in retired pay, the officer shall be paid the amount by which such increased retired pay exceeded the amount of retired pay paid the officer for retirement in the officer's conditional grade during the period beginning on the date of the retirement of the officer in such conditional grade and ending on the effective date of the change of the officer's retired grade. For an officer whose retired grade is determined pursuant to subsection (c), the effective date of the change of the officer's retired grade for purposes of this subparagraph shall be the date that is 60 days after the date on which the Secretary of Defense submits to the Committees on Armed Services of the Senate and the House of Representatives the certification required by subsection (c) in connection with the retired grade of the officer.
“(C) Recoupment of overage during period of conditional retirement grade—If the recalculation of the retired pay of an officer results in a decrease in retired pay, there shall be recouped from the officer the amount by which the amount of retired pay paid the officer for retirement in the officer's conditional grade exceeded such decreased retired pay during the period beginning on the date of the retirement of the officer in such conditional grade and ending on the effective date of the change of the officer's retired grade.
“(f) Finality of retired grade determinations
“(1) In general—Except for a conditional determination authorized by subsection (d), a determination of the retired grade of an officer pursuant to this section is administratively final on the day the officer is retired, and may not be reopened, except as provided in paragraph (2).
“(2) Reopening—A final determination of the retired grade of an officer may be reopened as follows:
“(A) If the retirement or retired grade of the officer was procured by fraud.
“(B) If substantial evidence comes to light after the retirement that could have led to determination of a different retired grade under this section if known by competent authority at the time of retirement.
“(C) If a mistake of law or calculation was made in the determination of the retired grade.
“(D) If the applicable Secretary determines, pursuant to regulations prescribed by the Secretary of Defense, that good cause exists to reopen the determination of retired grade.
“(3) Applicable Secretary—For purposes of this subsection, the applicable Secretary for purposes of a determination or action specified in this subsection is—
“(A) the Secretary of the military department concerned, in the case of an officer retired in a grade at or below the grade of major general in the Army, Air Force, or Marine Corps, rear admiral in the Navy, or the equivalent grade in the Space Force; or
“(B) the Secretary of Defense, in the case of an officer retired in a grade of lieutenant general or general in the Army, Air Force, or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force.
“(4) Notice and limitation—If a final determination of the retired grade of an officer is reopened in accordance with paragraph (2), the applicable Secretary—
“(A) shall notify the officer of the reopening; and
“(B) may not make an adverse determination on the retired grade of the officer until the officer has had a reasonable opportunity to respond regarding the basis for the reopening of the officer’s retired grade.
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“(5) Additional notice on reopening for officers retired in O–9 and O-10 O–10 grades—If the determination of the retired grade of an officer whose retired grade was provided for pursuant to subsection (c) is reopened, the Secretary of Defense shall also notify the President and the Committees on Armed Services of the Senate and the House of Representatives.
“(6) Manner of making of change—If the retired grade of an officer is proposed to be changed through the reopening of the final determination of an officer’s retired grade under this subsection, the change in grade shall be made—
“(A) in the case of an officer whose retired grade is to be changed to a grade at or below the grade of major general in the Army, Air Force or Marine Corps, rear admiral in the Navy, or the equivalent grade in the Space Force, in accordance with subsections (a) and (b)—
“(i) by the Secretary of Defense (who may delegate such authority only as authorized by clause (ii)); or
“(ii) if authorized by the Secretary of Defense, by the Secretary of the military department concerned (who may not further delegate such authority);
“(B) in the case of an officer whose retired grade is to be changed to the grade of lieutenant general or general in the Army, Air Force, or Marine Corps, vice admiral or admiral in the Navy, or an equivalent grade in the Space Force, by the President, by and with the advice and consent of the Senate.
“(7) Recalculation of retired pay—If the final retired grade of an officer is changed through the reopening of the officer's retired grade under this subsection, the retired pay of the officer under chapter 71 of this title shall be recalculated. Any modification of the retired pay of the officer as a result of the change shall go into effect on the effective date of the change of the officer’s retired grade, and the officer shall not be entitled or subject to any changed amount of retired pay for any period before such effective date. An officer whose retired grade is changed as provided in paragraph (6)(B) shall not be entitled or subject to a change in retired pay for any period before the date on which the Senate provides advice and consent for the retirement of the officer in such grade.
“(g) Highest permanent grade defined—In this section, the term highest permanent grade means a grade at or below the grade of major general in the Army, Air Force, or Marine Corps, rear admiral in the Navy, or an equivalent grade in the Space Force.
“1370a. Officers entitled to retired pay for non-regular service
“(a) Retirement in highest grade held satisfactorily—Unless entitled to a different grade, or to credit for satisfactory service in a different grade under some other provision of law, a person who is entitled to retired pay under chapter 1223 of this title shall, upon application under section 12731 of this title, be credited with satisfactory service in the highest permanent grade in which that person served satisfactorily at any time in the armed forces, as determined by the Secretary of the military department concerned in accordance with this section.
“(b) Service-in-grade requirement for officers in grades below O–5—In order to be credited with satisfactory service in an officer grade (other than a warrant officer grade) below the grade of lieutenant colonel or commander (in the case of the Navy), a person covered by subsection (a) must have served satisfactorily in that grade (as determined by the Secretary of the military department concerned) as a reserve commissioned officer in an active status, or in a retired status on active duty, for not less than six months.
“(c) Service-in-grade requirement for offices in grades above O–4
“(1) In general—In order to be credited with satisfactory service in an officer grade above major or lieutenant commander (in the case of the Navy), a person covered by subsection (a) must have served satisfactorily in that grade (as determined by the Secretary of the military department concerned) as a reserve commissioned officer in an active status, or in a retired status on active duty, for not less than three years.
“(2) Satisfaction of requirement by certain officers not completing three years—A person covered by paragraph (1) who has completed at least six months of satisfactory service in grade may be credited with satisfactory service in the grade in which serving at the time of transfer or discharge, notwithstanding failure of the person to complete three years of service in that grade, if the person is transferred from an active status or discharged as a reserve commissioned officer—
“(A) solely due to the requirements of a nondiscretionary provision of law requiring that transfer or discharge due to the person’s age or years of service; or
“(B) because the person no longer meets the qualifications for membership in the Ready Reserve solely because of a physical disability, as determined, at a minimum, by a medical evaluation board and at the time of such transfer or discharge the person (pursuant to section 12731b of this title or otherwise) meets the service requirements established by section 12731(a) of this title for eligibility for retired pay under chapter 1223 of this title, unless the disability is described in section 12731b of this title.
“(3) Reduction in service-in-grade requirements
“(A) Officers in grades below general and flag officer grades—In the case of a person to be retired in a grade below brigadier general or rear admiral (lower half) in the Navy, the Secretary of Defense may authorize the Secretary of a military department to reduce, subject to subparagraph (B), the three-year period of service-in-grade required by paragraph (1) to a period not less than two years. The authority of the Secretary of a military department under this subparagraph may not be delegated.
“(B) Limitation—The number of reserve commissioned officers of an armed force in the same grade for whom a reduction is made under subparagraph (A) during any fiscal year in the period of service-in-grade otherwise required by paragraph (1) may not exceed the number equal to 2 percent of the strength authorized for that fiscal year for reserve commissioned officers of that armed force in an active status in that grade.
“(C) Officers in general and flag officers grades—The Secretary of Defense may reduce the three-year period of service-in-grade required by paragraph (1) to a period not less than two years for any person, including a person who, upon transfer to the Retired Reserve or discharge, is to be credited with satisfactory service in a general or flag officer grade under that paragraph. The authority of the Secretary of Defense under this subparagraph may not be delegated.
“(D) Notice to Congress on reduction in service-in-grade requirements for general and flag officer grades—In the case of a person to be credited under this section with satisfactory service in a grade that is a general or flag officer grade who is eligible to be credited with such service in that grade only by reason of an exercise of authority in subparagraph (C) to reduce the three-year service-in-grade requirement otherwise applicable under paragraph (1), the Secretary of Defense shall, not later than 60 days prior to the date on which the person will be credited with such satisfactory service in that grade, notify the Committees on Armed Services of the Senate and the House of Representatives of the exercise of authority in subparagraph (C) with respect to that person.
“(4) Officers serving in grades above O–6 involuntarily transferred from active status—A person covered by paragraph (1) who has completed at least six months of satisfactory service in a grade above colonel or (in the case of the Navy) captain and, while serving in an active status in such grade, is involuntarily transferred (other than for cause) from active status may be credited with satisfactory service in the grade in which serving at the time of such transfer, notwithstanding failure of the person to complete three years of service in that grade.
“(5) Adjutants and assistant adjutants general—If a person covered by paragraph (1) has completed at least six months of satisfactory service in grade, the person was serving in that grade while serving in a position of adjutant general required under section 314 of title 32 or while serving in a position of assistant adjutant general subordinate to such a position of adjutant general, and the person has failed to complete three years of service in that grade solely because the person’s appointment to such position has been terminated or vacated as described in section 324(b) of such title, the person may be credited with satisfactory service in that grade, notwithstanding the failure of the person to complete three years of service in that grade.
“(6) Officers recommended for promotion serving in certain grade before promotion—To the extent authorized by the Secretary of the military department concerned, a person who, after having been recommended for promotion in a report of a promotion board but before being promoted to the recommended grade, served in a position for which that grade is the minimum authorized grade may be credited for purposes of paragraph (1) as having served in that grade for the period for which the person served in that position while in the next lower grade. The period credited may not include any period before the date on which the Senate provides advice and consent for the appointment of that person in the recommended grade.
“(7) Officers qualified for Federal recognition serving in certain grade before appointment—To the extent authorized by the Secretary of the military department concerned, a person who, after having been found qualified for Federal recognition in a higher grade by a board under section 307 of title 32, serves in a position for which that grade is the minimum authorized grade and is appointed as a reserve officer in that grade may be credited for the purposes of paragraph (1) as having served in that grade. The period of the service for which credit is afforded under the preceding sentence may be only the period for which the person served in the position after the Senate provides advice and consent for the appointment.
“(8) Retirement in next lowest grade for officers not meeting service-in-grade requirements—A person whose length of service in the highest grade held does not meet the service-in-grade requirements specified in this subsection shall be credited with satisfactory service in the next lower grade in which that person served satisfactorily (as determined by the Secretary of the military department concerned) for not less than six months.
“(d) Officers in O–9 and O–10 grades
“(1) In general—A person covered by this section in the Army, Navy, Air Force, or Marine Corps who is serving or has served in a position of importance and responsibility designated by the President to carry the grade of lieutenant general or general in the Army, Air Force, or Marine Corps, or vice admiral or admiral in the Navy under section 601 of this title may be retired in such grade under subsection (a) only after the Secretary of Defense certifies in writing to the President and the Committees on Armed Services of the Senate and the House of Representatives that the officer served satisfactorily in such grade.
“(2) Prohibition on delegation—The authority of the Secretary of Defense to make a certification with respect to an officer under paragraph (1) may not be delegated.
“(3) Requirements in connection with certification—A certification with respect to an officer under paragraph (1) shall—
“(A) be submitted by the Secretary of Defense such that it is received by the President and the Committees on Armed Services of the Senate and the House of Representatives not later than 60 days prior to the date on which the officer will be retired in the grade concerned;
“(B) include an up-to-date copy of the military biography of the officer; and
“(C) include the statement of the Secretary as to whether or not potentially adverse, adverse, or reportable information regarding the officer was considered by the Secretary in making the certification.
“(4) Construction with other notice—In the case of an officer under paragraph (1) who is eligible to be credited with service in a grade only by reason of the exercise of the authority in subsection (c)(3)(C) to reduce the three-year service-in-grade requirement under subsection (c)(1), the requirement for notification under subsection (c)(3)(D) is satisfied if the notification is included in the certification submitted by the Secretary of Defense under paragraph (1).
“(e) Conditional retirement grade and retirement for officers under investigation for misconduct or pending adverse personnel action—The retirement grade, and retirement, of a person covered by this section who is under investigation for alleged misconduct or pending the disposition of an adverse personnel action at the time of retirement is as provided for by section 1370(d) of this title. In the application of such section 1370(d) for purposes of this subsection, any reference “active duty” shall be deemed not to apply, and any reference to a provision of section 1370 of this title shall be deemed to be a reference to the analogous provision of this section.
“(f) Final retirement grade following resolution of pending investigation or adverse action—The final retirement grade under this section of a person described in subsection (e) following resolution of the investigation or personnel action concerned is the final retirement grade provided for by section 1370(e) of this title. In the application of such section 1370(e) for purposes of this subsection, any reference to a provision of section 1370 of this title shall be deemed to be a reference to the analogous provision of this section. In the application of paragraph (3) of such section 1370e(e) for purposes of this subsection, the reference to “chapter 71” of this title shall be deemed to be a reference to “chapter 1223 of this title”.
“(g) Finality of retired grade determinations
“(1) In general—Except for a conditional determination authorized by subsection (e), a determination of the retired grade of a person pursuant to this section is administratively final on the day the person is retired, and may not be reopened.
“(2) Reopening—A determination of the retired grade of a person may be reopened in accordance with applicable provisions of section 1370(f) of this title. In the application of such section 1370(f) for purposes of this subsection, any reference to a provision of section 1370 of this title shall be deemed to be a reference to the analogous provision of this section. In the application of paragraph (7) of such section 1370(f) for purposes of this paragraph, the reference to “chapter 71 of this title” shall be deemed to be a reference to “chapter 1223 of this title”.
“(h) Highest permanent grade defined—In this section, the term highest permanent grade means a grade at or below the grade of major general in the Army, Air Force, or Marine Corps or rear admiral in the Navy.”
Clerical amendment— The table of sections at the beginning of chapter 69 of title 10, United States Code, is amended by striking the item relating to section 1370 and inserting the following new items:
Conforming and technical amendments to retired grade rules for the Armed Forces—
Retired pay— Title 10, United States Code, is amended as follows:
In section 1406(b)(2), by striking “section 1370(d)” and inserting “section 1370a”.
In section 1407(f)(2)(B), by striking “by reason of denial of a determination or certification under section 1370” and inserting “pursuant to section 1370 or 1370a”.
Army— Section 7341 of such title is amended—
by striking subsection (a) and inserting the following new subsection (a):
“(a)
“(1) The retired grade of a regular commissioned officer of the Army who retires other than for physical disability is determined under section 1370 of this title.
“(2) The retired grade of a reserve commissioned officer of the Army who retires other than for physical disability is determined under section 1370a of this title.”
in subsection (b)—
by striking “he” and inserting “the member”; and
by striking “his” and inserting “the member's”.
Navy and Marine Corps— Such title is further amended as follows:
In section 8262(a), by striking “sections 689 and 1370” and inserting “section 689, and section 1370 or 1370a (as applicable),”.
In section 8323(c), by striking “section 1370 of this title” and inserting “section 1370 or 1370a of this title, as applicable”.
Air Force and Space Force— Section 9341 of such title is amended—
by striking subsection (a) and inserting the following new subsection (a):
“(a)
“(1) The retired grade of a regular commissioned officer of the Air Force or the Space Force who retires other than for physical disability is determined under section 1370 of this title.
“(2) The retired grade of a reserve commissioned officer of the Air Force or the Space Force who retires other than for physical disability is determined under section 1370a of this title.”
in subsection (b)—
by inserting “or a Regular or Reserve of the Space Force” after “Air Force”;
by striking “he” and inserting “the member”; and
by striking “his” and inserting “the member's”.
Reserve officers— Section 12771 of such title is amended—
in subsection (a), by striking “section 1370(d)” and inserting “section 1370a of this title”; and
in subsection (b)(1), by striking “section 1370(d)” and inserting “section 1370a”.
Other references— In the determination of the retired grade of a commissioned officer of the Armed Forces entitled to retired pay under chapter 1223 of title 10, United States Code, who retires after the date of the enactment of this Act, any reference in a provision of law or regulation to section 1370 of title 10, United States Code, in such determination with respect to such officer shall be deemed to be a reference to section 1370a of title 10, United States Code (as amended by subsection (a)).
Sec. 520 Reports on diversity and inclusion in the Armed Forces
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Report on findings of Defense Board on Diversity and Inclusion in the Military—
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In general— Upon the completion by the Defense Board on Diversity and Inclusion in the Military of its report on actionable recommendations to increase racial diversity and ensure equal opportunity across all grades of the Armed Forces, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the House of Representatives a report on the report of the Defense Board, including the findings and recommendations of the Defense Board.
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Elements— The report required by paragraph (1) shall include the following:
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A comprehensive description of the findings and recommendations of the Defense Board in its report referred to in paragraph (1).
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A comprehensive description of any actionable recommendations of the Defense Board in its report.
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A description of the actions proposed to be undertaken by the Secretary in connection with such recommendations, and a timeline for implementation of such actions.
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A description of the resources used by the Defense Board for its report, and a description and assessment of any shortfalls in such resources for purposes of the Defense Board.
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Report on Defense Advisory Committee on Diversity and Inclusion in the Armed Forces—
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In general— At the same time the Secretary of Defense submits the report required by subsection (a), the Secretary shall also submit to the Committee on Armed Services of the Senate and the House of Representatives a report on the Defense Advisory Committee on Diversity and Inclusion in the Armed Forces.
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Elements— The report required by paragraph (1) shall include the following:
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The mission statement or purpose of the Advisory Committee, and any proposed objectives and goals of the Advisory Committee.
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A description of current members of the Advisory Committee and the criteria used for selecting members.
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A description of the duties and scope of activities of the Advisory Committee.
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The reporting structure of the Advisory Committee.
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An estimate of the annual operating costs and staff years of the Advisory Committee.
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An estimate of the number and frequency of meetings of the Advisory Committee.
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Any subcommittees, established or proposed, that would support the Advisory Committee.
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Such recommendations for legislative or administrative action as the Secretary considers appropriate to extend the term of the Advisory Committee beyond the proposed termination date of the Advisory Committee.
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Report on current diversity and inclusion in the Armed Forces—
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In general— At the same time the Secretary of Defense submits the reports required by subsections (a) and (b), the Secretary shall also submit to the Committee on Armed Services of the Senate and the House of Representatives a report on current diversity and inclusion in the Armed Forces.
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Elements— The report required by paragraph (1) shall include the following:
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An identification of the current racial, ethnic, and sex composition of each Armed Force generally.
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An identification of the current racial, ethnic, and sex composition of each Armed Force by grade.
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A comparison of the participation rates of minority populations in officer grades, warrant officer grades, and enlisted member grades in each Armed Force with the percentage of such populations among the general population.
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A comparison of the participation rates of minority populations in each career field in each Armed Force with the percentage of such populations among the general population.
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A comparison among the Armed Forces of the percentage of minority populations in each officer grade above grade O–4.
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A comparison among the Armed Forces of the percentage of minority populations in each enlisted grade above grade E–6.
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A description and assessment of barriers to minority participation in the Armed Forces in connection with accession, assessment, and training.
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Sense of Senate on Defense Advisory Committee on Diversity and Inclusion in the Armed Forces— It is the sense of the Senate that the Defense Advisory Committee on Diversity and Inclusion in the Armed Forces—
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should consist of diverse group of individuals, including—
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a general or flag officer from each regular component of the Armed Forces;
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a retired general or flag officer from not fewer than two of the Armed Forces;
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a regular officer of the Armed Forces in a grade O–5 or lower;
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a regular enlisted member of the Armed Forces in a grade E–7 or higher;
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a regular enlisted member of the Armed Forces in a grade E–6 or lower;
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a member of a reserve component of the Armed Forces in any grade;
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a member of the Department of Defense civilian workforce;
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an member of the academic community with expertise in diversity studies; and
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an individual with appropriate expertise in diversity and inclusion;
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should include individuals from a variety of military career paths, including—
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aviation;
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special operations;
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intelligence;
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cyber;
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space; and
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surface warfare;
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should have a membership such that not fewer than 20 percent of members possess—
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a firm understanding of the role of mentorship and best practices in finding and utilizing mentors;
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experience and expertise in change of culture of large organizations; or
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experience and expertise in implementation science; and
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should focus on objectives that address—
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barriers to promotion within the Armed Forces, including development of recommendations on mechanisms to enhance and increase racial diversity and ensure equal opportunity across all grades in the Armed Forces;
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participation of minority officers and senior noncommissioned officers in the Armed Forces, including development of recommendations on mechanisms to enhance and increase such participation;
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recruitment of minority candidates for innovative pre-service programs in the Junior Reserve Officers’ Training Corps (JROTC), Senior Reserve Officers’ Training Corps (SROTC), and military service academies, including programs in connection with flight instruction, special operations, and national security, including development of recommendations on mechanisms to enhance and increase such recruitment;
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retention of minority individuals in senior leadership and mentorship positions in the Armed Forces, including development of recommendations on mechanisms to enhance and increase such retention; and
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achievement of cultural and ethnic diversity in recruitment for the Armed Forces, including development of recommendations on mechanisms to enhance and increase such diversity in recruitment.
Sec. 563 Staffing of Department of Defense Education Activity schools to maintain maximum student-to-teacher ratios
In general— The Department of Defense Education Activity (DoDEA) shall staff elementary and secondary schools operated by the Activity so as to maintain, to the extent practicable, student-to-teacher ratios that do not exceed the maximum student-to-teacher ratios specified in subsection (b).
Maximum student-to-teacher ratios— The maximum student-to-teacher ratios specified in this subsection are the following:
For each of grades kindergarten through 3, a ratio of 18 students to 1 teacher (18:1).
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For each of grades 4 through 12, a ratio equal to the average student-to-teacher ratio for such grade among all Department of Defense Education Activity schools during the 2019-2020 2019–2020 academic year.
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Sunset— The requirement to staff schools in accordance with subsection (a) shall expire at the end of the 2023-2024 2023–2024 academic year of the Department of Defense Education Activity.
Sec. 593 Report on impact of children of certain Filipino World War II veterans on national security, foreign policy, and economic and humanitarian interests of the United States
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In general— Not later than December 31, 2020, the Secretary of Homeland Security, in consultation with the Secretary of Defense and the Secretary of State, shall submit to the congressional defense committees a report on the impact of the children of certain Filipino World War II veterans on the national security, foreign policy, and economic and humanitarian interests of the United States.
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Elements— The report required by subsection (a) shall include the following:
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The number of Filipino World War II veterans who fought under the United States flag during World War II to protect and defend the United States in the Pacific theater.
added
The number of Filipino World War II veterans who died fighting under the United States flag during World War II to protect and defend the United States in the Pacific theater.
added
An assessment of the economic and tax contributions that Filipino World War II veterans and their families have made to the United States.
added
An assessment of the impact on the United States of exempting from the numerical limitations on immigrant visas the children of the Filipino World War II veterans who were naturalized under—
added
section 405 of the Immigration Act of 1990 (Public Law 101–649; 8 U.S.C. 1440 note); or
added
title III of the Nationality Act of 1940 (54 Stat. 1137; chapter 876), as added by section 1001 of the Second War Powers Act, 1942 (56 Stat. 182; chapter 199).
Sec. 603 Compensation and credit for retired pay purposes for maternity leave taken by members of the reserve components
added
added
Compensation— Section 206(a) of title 37, United States Code, is amended—
added
in paragraph (2), by striking “or” at the end;
added
in paragraph (3), by striking the period at the end and inserting “; or”; and
added
by adding the end the following new paragraph:
added “(4) for each of 6 days in connection with the taking by the member of a period of maternity leave.”
added
Credit for retired pay purposes—
added
In general— The period of maternity leave taken by a member of the reserve components of the Armed Forces in connection with the birth of a child shall count toward the member's entitlement to retired pay, and in connection with the years of service used in computing retired pay, under chapter 1223 of title 10, United States Code, as 12 points.
added
Separate credit for each period of leave— Separate crediting of points shall accrue to a member pursuant to this subsection for each period of maternity leave taken by the member in connection with a childbirth event.
added
When credited— Points credited a member for a period of maternity leave pursuant to this subsection shall be credited in the year in which the period of maternity leave concerned commences.
added
Contribution of leave toward entitlement to retired pay— Section 12732(a)(2) of title 10, United States Code, is amended by inserting after subparagraph (E) the following new subparagraph:
added “(F) Points at the rate of 12 a year for the taking of maternity leave.”
added
Computation of years of service for retired pay— Section 12733 of such title is amended—
added
by redesignating paragraph (5) as paragraph (6); and
added
by inserting after paragraph (4) the following new paragraph (5):
added “(5) One day for each point credited to the person under subparagraph (F) of section 12732(a)(2) of this title.”
added
Effective date— This section and the amendments made by this section shall take effect on the date of the enactment of this Act, and shall apply with respect to periods of maternity leave that commence on or after that date.
Sec. 623 Relief of Richard W. Collins III
added
added
Findings— Congress makes the following findings:
added
On May 20, 2017, Lieutenant Richard W. Collins III was murdered on the campus of the University of Maryland, College Park, Maryland.
added
At the time of his murder, Lieutenant Collins had graduated from the Reserve Officers’ Training Corps at Bowie State University and received a commission in the United States Army.
added
At the time of the murder of Lieutenant Collins, a graduate of a Reserve Officers’ Training Corps who received a commission but died before receiving a first duty assignment was not eligible for a death gratuity under section 1475(a)(4) of title 10, United States Code, or for casualty assistance under section 633 of the National Defense Authorization Act for Fiscal Year 2014 (10 U.S.C. 1475 note).
added
Section 623 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) amended section 1475 of title 10, United States Code, to authorize the payment of a death gratuity to a graduate of the Senior Reserve Officers’ Training Corps (SROTC) who receives a commission but dies before receiving a first duty assignment.
added
Section 625 of the National Defense Authorization Act for Fiscal Year 2020 authorizes the families of Senior Reserve Officers’ Training Corps graduates to receive casualty assistance in the event of the death of such graduates.
added
Sections 623 and 625 of the National Defense Authorization Act for Fiscal Year 2020 apply only to a Senior Reserve Officers’ Training Corps graduate who receives a commission but dies before receiving a first duty assignment on or after the date of the enactment of that Act.
added
The death of Lieutenant Collins played a critical role in changing the eligibility criteria for the death gratuity for Senior Reserve Officers’ Training Corps graduates who die prior to their first assignment.
added
Applicability of laws—
added
Death gratuity— Section 623 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), and the amendment made by that section, shall apply to Lieutenant Richard W. Collins III as if his death had occurred after the date of the enactment of that section.
added
Casualty assistance— Section 625 of the National Defense Authorization Act for Fiscal Year 2020, and the amendment made by that section, shall apply to Lieutenant Richard W. Collins III as if his death had occurred after the date of the enactment of that section.
added
Limitation— No amount exceeding 10 percent of a payment made under subsection (b)(1) may be paid to or received by any attorney or agent for services rendered in connection with the payment. Any person who violates this subsection shall be guilty of an infraction and shall be subject to a fine in the amount provided under title 18, United States Code.
Sec. 752 Report on billing practices for health care from Department of Defense
added
added
Findings— Congress finds the following:
added
Through the TRICARE program, the Department of Defense provides health care benefits and services to approximately 9,500,000 beneficiaries.
added
The Department of Defense is not structured as a typical health care provider, which can lead to complicated billing practices and strict deadlines for members of the Armed Forces, former members of the Armed Forces, and their dependents, as well as for providers.
added
Numerous findings issued by the Inspector General of the Department of Defense between 2014 and 2019 describe the third-party collection program of the Department as inadequately managed, resulting in substantial uncollected funds that could be used to improve the quality of health care at military medical treatment facilities.
added
Numerous press reports have found that the Federal Government aggressively collects unpaid debts from uninsured or low-income civilian patients who happen to receive treatment at a military medical treatment facility, even though providing that treatment often benefits military readiness by providing experience to military medical professionals.
added
Sense of Congress— It is the sense of Congress that it is in the national interest of the United States to ensure members of the Armed Forces, former members of the Armed Forces, and their dependents receive high-quality health care, and that Federal agencies prioritize fairness and accessibility when administering health care.
added
Report—
added
In general— Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report assessing the billing practices of the Department of Defense for care received under the TRICARE program or at military medical treatment facilities.
added
Elements— The report required by paragraph (1) shall include the following:
added
A description of the extent to which data is being collected and maintained on whether beneficiaries under the TRICARE program have other forms of health insurance.
added
A description of the extent to which the Secretary of Defense has implemented the recommendations of the Inspector General of the Department of Defense to improve collections of third-party payments for care at military medical treatment facilities and a description of the impact such implementation has had on such beneficiaries.
added
A description of the extent to which the process used by managed care support contractors under the TRICARE program to adjudicate third-party liability claims is efficient and effective, including with respect to communication with such beneficiaries.
added
TRICARE program defined— In this section, the term TRICARE program has the meaning given that term in section 1072 of title 10, United States Code.
Sec. 753 Access of veterans to Individual Longitudinal Exposure Record
addedadded The Secretary of Veterans Affairs, in consultation with the Secretary of Defense, shall provide to a veteran read-only access to the documents of the veteran contained in the Individual Longitudinal Exposure Record in a printable format through a portal accessible through a website of the Department of Veterans Affairs and a website of the Department of Defense.
Sec. 754 Study on the incidence of cancer diagnosis and mortality among military aviators and aviation support personnel
added
added
Study—
added
In general— The Secretary of Defense, in conjunction with the National Institutes of Health and the National Cancer Institute, shall conduct a study on cancer among covered individuals in two phases as provided in this subsection.
added
Phase 1—
added
In general— Under the initial phase of the study conducted under paragraph (1), the Secretary of Defense shall determine if there is a higher incidence of cancers occurring for covered individuals as compared to similar age groups in the general population through the use of the database of the Surveillance, Epidemiology, and End Results program of the National Cancer Institute.
added
Report— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report on the findings of the initial phase of the study under subparagraph (A).
added
Phase 2—
added
In general— If, pursuant to the initial phase of the study under paragraph (2), the Secretary concludes that there is an increased rate of cancers among covered individuals, the Secretary shall conduct a second phase of the study under which the Secretary shall do the following:
added
Identify the carcinogenic toxins or hazardous materials associated with military flight operations from shipboard or land bases or facilities, such as fuels, fumes, and other liquids.
added
Identify the operating environments, including frequencies or electromagnetic fields, where exposure to ionizing radiation (associated with high altitude flight) and nonionizing radiation (associated with airborne, ground, and shipboard radars) occurred in which covered individuals could have received increased radiation amounts.
added
Identify, for each covered individual, duty stations, dates of service, aircraft flown, and additional duties (including Landing Safety Officer, Catapult and Arresting Gear Officer, Air Liaison Officer, Tactical Air Control Party, or personnel associated with aircraft maintenance, supply, logistics, fuels, or transportation) that could have increased the risk of cancer for such covered individual.
added
Determine locations where a covered individual served or additional duties of a covered individual that are associated with higher incidences of cancers.
added
Identify potential exposures due to service in the Armed Forces that are not related to aviation, such as exposure to burn pits or toxins in contaminated water, embedded in the soil, or inside bases or housing.
added
Determine the appropriate age to begin screening covered individuals for cancer based on race, gender, flying hours, period of service as aviation support personnel, Armed Force, type of aircraft, and mission.
added
Data— The Secretary shall format all data included in the study conducted under this paragraph in accordance with the Surveillance, Epidemiology, and End Results program of the National Cancer Institute, including by disaggregating such data by race, gender, and age.
added
Report— Not later than one year after the submittal of the report under paragraph (2)(B), if the Secretary conducts the second phase of the study under this paragraph, the Secretary shall submit to the appropriate committees of Congress a report on the findings of the study conducted under this paragraph.
added
Use of data from previous studies— In conducting the study under this subsection, the Secretary of Defense shall incorporate data from previous studies conducted by the Air Force, the Navy, or the Marine Corps that are relevant to the study under this subsection, including data from the comprehensive study conducted by the Air Force identifying each covered individual and documenting the cancers, dates of diagnoses, and mortality of each covered individual.
added
Definitions— In this section:
added
Appropriate committee of Congress— The term appropriate committees of Congress means—
added
the Committee on Armed Services and the Committee on Veterans’ Affairs of the Senate; and
added
the Committee on Armed Services and the Committee on Veterans’ Affairs of the House of Representatives.
added
Armed Forces— The term Armed Forces—
added
has the meaning given the term armed forces in section 101 of title 10, United States Code; and
added
includes the reserve components named in section 10101 of such title.
added
Covered individual— The term covered individual—
added
means an aviator or aviation support personnel who—
added
served in the Armed Forces on or after February 28, 1961; and
added
receives benefits under chapter 55 of title 10, United States Code; and
added
includes any air crew member of fixed-wing aircraft and personnel supporting generation of the aircraft, including pilots, navigators, weapons systems operators, aircraft system operators, personnel associated with aircraft maintenance, supply, logistics, fuels, or transportation, and any other crew member who regularly flies in an aircraft or is required to complete the mission of the aircraft.
Sec. 761 Short title
addedadded This subtitle may be cited as the “Care and Readiness Enhancement for Reservists Act of 2020” or the “CARE for Reservists Act of 2020”.
Sec. 762 Expansion of eligibility for readjustment counseling and related outpatient services from Department of Veterans Affairs to include members of reserve components of the Armed Forces
added
added
Readjustment counseling— Subsection (a)(1) of section 1712A of title 38, United States Code, is amended by adding at the end the following new subparagraph:
added “(D)
added “(i) The Secretary, in consultation with the Secretary of Defense, may furnish to any member of the reserve components of the Armed Forces who has a behavioral health condition or psychological trauma, counseling under subparagraph (A)(i), which may include a comprehensive individual assessment under subparagraph (B)(i).
added “(ii) A member of the reserve components of the Armed Forces described in clause (i) shall not be required to obtain a referral before being furnished counseling or an assessment under this subparagraph.”
added
Outpatient services— Subsection (b) of such section is amended—
added
in paragraph (1)—
added
by inserting “to an individual” after “If, on the basis of the assessment furnished”; and
added
by striking “veteran” each place it appears and inserting “individual”; and
added
in paragraph (2), by striking “veteran” and inserting “individual”.
added
Effective Date— The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act.
Sec. 763 Provision of mental health services from Department of Veterans Affairs to members of reserve components of the Armed Forces
added
added
In general— Subchapter VIII of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section:
added “1789. Mental health services for members of the reserve components of the Armed Forces
added “The Secretary, in consultation with the Secretary of Defense, may furnish mental health services to members of the reserve components of the Armed Forces.”
added
Clerical amendment— The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 1788 the following new item:
Sec. 764 Inclusion of members of reserve components in mental health programs of Department of Veterans Affairs
added
added
Suicide prevention program—
added
In general— Section 1720F of title 38, United States Code, is amended by adding at the end the following new subsection:
added “(l)
added “(1) Covered individual defined—In this section, the term covered individual means a veteran or a member of the reserve components of the Armed Forces.
added “(2) In determining coverage of members of the reserve components of the Armed Forces under the comprehensive program, the Secretary shall consult with the Secretary of Defense.”
added
Conforming amendments— Such section is further amended—
added
in subsection (a), by striking “veterans” and inserting “covered individuals”;
added
in subsection (b), by striking “veterans” each place it appears and inserting “covered individuals”;
added
in subsection (c)—
added
in the subsection heading, by striking “of veterans”;
added
by striking “veterans” each place it appears and inserting “covered individuals”; and
added
by striking “veteran” and inserting “individual”;
added
in subsection (d), by striking “to veterans” each place it appears and inserting “to covered individuals”;
added
in subsection (e), in the matter preceding paragraph (1), by striking “veterans” and inserting “covered individuals”;
added
in subsection (f)—
added
in the first sentence, by striking “veterans” and inserting “covered individuals”; and
added
in the second sentence, by inserting “or members” after “veterans”;
added
in subsection (g), by striking “veterans” and inserting “covered individuals”;
added
in subsection (h), by striking “veterans” and inserting “covered individuals”;
added
in subsection (i)—
added
in the subsection heading, by striking “for veterans and families”;
added
in the matter preceding paragraph (1), by striking “veterans and the families of veterans” and inserting “covered individuals and the families of covered individuals”;
added
in paragraph (2), by striking “veterans” and inserting “covered individuals”; and
added
in paragraph (4), by striking “veterans” each place it appears and inserting “covered individuals”;
added
in subsection (j)—
added
in paragraph (1), by striking “veterans” each place it appears and inserting “covered individuals”; and
added
in paragraph (4)—
added
in subparagraph (A), in the matter preceding clause (i), by striking “women veterans” and inserting “covered individuals who are women”;
added
in subparagraph (B), by striking “women veterans who” and inserting “covered individuals who are women and”; and
added
in subparagraph (C), by striking “women veterans” and inserting “covered individuals who are women”; and
added
in subsection (k), by striking “veterans” and inserting “covered individuals”.
added
Clerical amendments—
added
In general— Such section is further amended, in the section heading, by inserting “and members of the reserve components of the Armed Forces” after “veterans”.
added
Table of sections— The table of sections at the beginning of such subchapter is amended by striking the item relating to section 1720F and inserting the following new item:
added
Mental health treatment for individuals who served in classified missions—
added
In general— Section 1720H of such title is amended—
added
in subsection (a)—
added
in paragraph (1)—
added
by striking “eligible veteran” and inserting “eligible individual”; and
added
by striking “the veteran” and inserting “the individual”; and
added
in paragraph (3), by striking “eligible veterans” and inserting “eligible individuals”;
added
in subsection (b)—
added
by striking “a veteran” and inserting “an individual”; and
added
by striking “eligible veteran” and inserting “eligible individual”; and
added
in subsection (c)—
added
in paragraph (2), in the matter preceding subparagraph (A), by striking “The term eligible veteran means a veteran” and inserting “The term eligible individual means a veteran or a member of the reserve components of the Armed Forces”; and
added
in paragraph (3), by striking “eligible veteran” and inserting “eligible individual”.
added
Clerical amendments—
added
In general— Such section is further amended, in the section heading, by inserting “and members of the reserve components of the Armed Forces” after “veterans”.
added
Table of sections— The table of sections at the beginning of chapter 17 of such title is amended by striking the item relating to section 1720H and inserting the following new item:
Sec. 765 Report on mental health and related services provided by Department of Veterans Affairs to members of the Armed Forces
added
added
In general— Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate and the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives a report that includes an assessment of the following:
added
The increase, as compared to the day before the date of the enactment of this Act, of the number of members of the Armed Forces that use readjustment counseling or outpatient mental health care from the Department of Veterans Affairs, disaggregated by State, Vet Center location, and clinical care site of the Department, as appropriate.
added
The number of members of the reserve components of the Armed Forces receiving telemental health care from the Department.
added
The increase, as compared to the day before the date of the enactment of this Act, of the annual cost associated with readjustment counseling and outpatient mental health care provided by the Department to members of the reserve components of the Armed Forces.
added
The changes, as compared to the day before the date of the enactment of this Act, in staffing, training, organization, and resources required for the Department to offer readjustment counseling and outpatient mental health care to members of the reserve components of the Armed Forces.
added
Any challenges the Department has encountered in providing readjustment counseling and outpatient mental health care to members of the reserve components of the Armed Forces.
added
Vet Center defined— In this section, the term Vet Center has the meaning given that term in section 1712A(h) of title 38, United States Code.
Sec. 805 Assessments of industrial base capabilities and capacity
Assessments— The Secretary of Defense shall define intelligence and other information requirements, sources, and organizational responsibilities for assessing foreign adversary technological and industrial bases and conducting comparative analyses of such technological and industrial bases. The requirements, sources, and responsibilities shall include—
examining the competitive advantages foreign adversaries are pursuing, including with respect to regulation, raw materials, educational capacity, labor, and capital accessibility;
assessing relative cost, speed of product development, age and value of the installed capital base, leadership’s technical competence and agility, nationally imposed inhibiting conditions, the availability of human and material resources, and the burdens of government oversight;
changed
a temporal evaluation of the competitive strengths and weaknesses of United States industry industry, including manufacturing surge capacity, versus the directed priorities and capabilities of foreign adversary governments; and
assessing any other issues that the Secretary of Defense determines appropriate.
Methodology— The Deputy Assistant Secretary of Defense for Industrial Policy shall incorporate inputs pursuant to subsection (a) as part of a methodology to continuously assess domestic and foreign industries, markets, and companies of significance to military and industrial advantage to identify supply chain vulnerabilities.
Report—
In general— Not later than March 15, 2021, the Secretary of Defense shall submit to the congressional defense committees a report on efforts to establish the continuous assessment activity required under subsections (a) and (b).
Elements— The report submitted under paragraph (1) shall include a consideration of whether it would be appropriate to task some of the assessment work to an organization independent of the Department, and any recommendations regarding which organization should perform such work.
Sec. 806 Analyses of certain materials and technology sectors for action to address sourcing and industrial capacity
Analyses required—
In general— The Secretary of Defense, acting through the Undersecretary for Acquisition and Sustainment and other appropriate officials, shall review the materials, processes, and technology sectors under subsection (c) to determine and develop appropriate actions, consistent with the policies, programs, and activities required under chapter 148 of title 10, United States Code, including—
restricting procurement, with appropriate waivers for cost, emergency requirements, and non-availability of suppliers, including restricting procurement to—
suppliers in the United States;
suppliers in the national technology and industrial base (as defined in section 2500(1) of title 10, United States Code);
suppliers in other allied nations; or
other suppliers;
increasing investment to expand capacity or diversifying sources of supply or alternative approaches to addressing military requirements, through use of research and development or procurement activities and acquisition authorities;
taking a combination of actions described under subparagraphs (A) and (B); or
taking no actions, restrictions, or additional investment.
Considerations— The analyses conducted pursuant to paragraph (1) shall consider national security, economic, and treaty implications, as well as impacts on current and potential suppliers of goods and services.
Recommendations— The analyses conducted pursuant to subsection (a) shall be used to inform policy, agreements, guidance and reporting requirements under chapter 148 of title 10, United States Code, including—
the annual report to Congress required under section 2504 of such title;
the annual report on unfunded priorities of the national technology and industrial base required under section 2504a of such title;
Department of Defense technology and industrial base policy guidance prescribed under section 2506 of such title;
activities to modernize acquisition processes to ensure integrity of industrial base pursuant to section 2509 of such title;
defense memoranda of understanding and related agreements considered in accordance with section 2531 of such title;
other requirements as appropriate.
Materials, technologies, and processes of interest— The Secretary of Defense shall prioritize undertaking analyses and making recommendations under this section for the following goods and services:
Goods and services covered under existing restrictions, where a domestic non-availability determination has been made.
Critical technologies identified in the National Defense Strategy.
Technologies and sectors identified in reports required regarding the defense industrial base.
Microelectronics.
Printed circuit boards and other electronics components.
Pharmaceuticals.
Medical devices.
Personal protective equipment.
Rare earth materials.
Synthetic graphite.
Coal-based rayon carbon fibers.
added
Aluminum.
Sec. 873 Reporting requirements
addedadded Section 9(b) of the Small Business Act (15 U.S.C. 638(b)) is amended—
added
in paragraph (7)—
added
in subparagraph (F), by striking “and” at the end;
added
in subparagraph (G), by adding “and” at the end; and
added
by adding at the end the following:
added “(H) with respect to a Federal agency to which subsection (f)(1) or (n)(1) applies, whether the Federal agency has satisfied the requirement under each applicable subsection for the year covered by the report;”
added
in paragraph (9), by striking “and” at the end;
added
in paragraph (10), by striking the period at the end and inserting “; and”; and
added
by adding at the end the following:
added “(11) with respect to a Federal agency to which subsection (f)(1) or (n)(1) applies and that the Administration determines has not satisfied the requirement under either applicable subsection, require the head of that Federal agency to submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report regarding why the Federal agency has not satisfied the requirement.”
Sec. 884 Pilot program exploring the use of consumption-based solutions to address software-intensive warfighting capability
added
added
Finding— In its final report, the Section 809 Panel recommended the adoption of consumption-based approaches at the Department of Defense, stating, “More things will be sold as a service in the future. XaaS could really mean everything in the context of the Internet of things (IoT). Consumption-based solutions are appearing in many industry sectors, from last mile transportation (e.g., bike shares and electric scooters) to agriculture (e.g., tractor-as-a-service for farmers in developing countries). Most smart phone users are familiar with software updates that provide bug fixes or new features. A more extreme example of technology innovation enabled by the IoT is the ability to deliver physical performance improvements to vehicles through over-the-air software updates… In the not-so-distant future, cloud computing and the IoT will enable consumption-based solution offerings and delivery models that are hard to imagine today.”
added
Sense of Congress— It is the sense of Congress—
added
that the Department of Defense should take advantage of “as-a-service” or “aaS” approaches in commercial capability development, particularly where the capability is software-defined, and cloud-enabled;
added
to support the Department of Defense’s commitment to new approaches to development and acquisition of software;
added
that the Department should explore a variety of approaches, to include the use of consumption-based solutions for software-intensive warfighting capability; and
added
that, in conducting activities under the pilot program established under this program, the Department should use the Software pathway under the new Adaptive Acquisition Framework.
added
In general— Subject to the availability of appropriations, the Secretary of Defense is authorized to establish a pilot program to explore the use of consumption-based solutions to address software-intensive warfighting capability.
added
Selection of initiatives— The Secretary of each military department and the commander of each combatant command with acquisition authority shall propose for selection by the Secretary of Defense for the pilot program at least one and not more than three initiatives that are well-suited to explore consumption-based solutions to address software-intensive warfighting capability. The initiatives may be new or existing programs of record and shall focus on software-defined or machine-enabled warfighting applications, and may include applications that—
added
rapidly analyze sensor data;
added
secure warfighter networks, including multi-level security;
added
swiftly transport information across various networks and network modalities; or
added
otherwise enable joint all-domain operational concepts, including in a contested environment.
added
Contract requirements— Contracts for consumption-based solutions entered into pursuant to the pilot program shall provide for—
added
the solution to be measurable on a frequent interval customary for the type of solution;
added
the contractor to notify the government when consumption reaches 75 percent and 90 percent of the contract funded amount; and
added
discretion for the contracting officer to add new features or capabilities without additional competition for the contract, provided that the amount of the new features or capabilities does not exceed 25 percent of the total contract value.
added
Duration of initiatives— Each initiative carried out under the pilot program shall be carried out during the three-year period following selection of the initiative.
added
Monitoring and evaluation of pilot program— The Director of the Office of Cost Assessment and Program Evaluation shall establish continuous monitoring to evaluate the pilot program established under subsection (c), including collecting data on cost, schedule, and performance from the program office, the user community, and the contractors.
added
Reports—
added
Initial report— Not later than January 31, 2021, the Secretary of Defense shall submit to the congressional defense committees a report on initiatives selected for the pilot program, roles and responsibilities for implementing the pilot program, and the monitoring and evaluation approach for the pilot.
added
Progress report— Not later than April 15, 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the initiatives.
added
Final report— Not later than 3 years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the cost, schedule, and performance outcomes of the initiatives. The report shall also include lessons learned about the use of consumption-based solutions for software-intensive capabilities and any recommendations for statutory or regulatory changes to facilitate their use.
added
Consumption-based solution defined— In this section, the term consumption-based solution means any combination of software, hardware or equipment, and labor or services that provides a seamless capability that is metered and billed based on actual usage and predetermined pricing per resource unit, and includes the ability to rapidly scale capacity up or down.
Sec. 931A Office of the Chief of Space Operations
added
added
In general— Chapter 908 of title 10, United States Code, as amended by section 931(e) of this Act, is further amended—
added
by redesignating section 9083 as section 9085; and
added
by inserting after section 9082 the following new sections:
added “9083. Office of the Chief of Space Operations: function; composition
added “(a) Function—There is in the executive part of the Department of the Air Force an Office of the Chief of Space Operations to assist the Secretary of the Air Force in carrying out the responsibilities of the Secretary.
added “(b) Composition—The Office of the Chief of Space Operations is composed of the following:
added “(1) The Chief of Space Operations.
added “(2) Such other offices and officials as may be established by law or as the Secretary of the Air Force may establish or designate.
added “(3) Other members of the Space Force and Air Force assigned or detailed to the Office of the Chief of Space Operations.
added “(4) Civilian employees in the Department of the Air Force assigned or detailed to the Office of the Chief of Space Operations.
added “(c) Organization—Except as otherwise specifically prescribed by law, the Office of the Chief of Space Operations shall be organized in such manner, and the members of the Office of the Chief of Space Operations shall perform such duties and have such titles, as the Secretary of the Air Force may prescribe.
added “9084. Office of the Chief of Space Operations: general duties
added “(a) Professional assistance—The Office of the Chief of Space Operations shall furnish professional assistance to the Secretary of the Air Force, the Chief of Space Operations, and other personnel of the Office of the Secretary of the Air Force or the Office of the Chief of Space Operations.
added “(b) Authorities—Under the authority, direction, and control of the Secretary of the Air Force, the Office of the Chief of Space Operations shall—
added “(1) subject to subsections (c) and (d) of section 9014 of this title, prepare for such employment of the Space Force, and for such recruiting, organizing, supplying, equipping (including research and development), training, servicing, mobilizing, demobilizing, administering, and maintaining of the Space Force, as will assist in the execution of any power, duty, or function of the Secretary of the Air Force or the Chief of Space Operations;
added “(2) investigate and report upon the efficiency of the Space Force and its preparation to support military operations by commanders of the combatant commands;
added “(3) prepare detailed instructions for the execution of approved plans and supervise the execution of those plans and instructions;
added “(4) as directed by the Secretary of the Air Force or the Chief of Space Operations, coordinate the action of organizations of the Space Force; and
added “(5) perform such other duties, not otherwise assigned by law, as may be prescribed by the Secretary of the Air Force.”
added
Table of sections— The table of sections at the beginning of chapter 908 of such title, as amended by section 931(f) of this Act, is further amended by striking the item related to section 9083 and inserting the following the following new items:
Sec. 944 Clarification of procurement of commercial satellite communications services
added
added
In general— Chapter 963 of title 10, United States Code, is amended by inserting before section 9532 the following new section:
added “9531. Procurement of commercial satellite communications services
added “The Secretary of the Air Force shall be responsible for the procurement of commercial satellite communications services for the Department of Defense.”
added
Table of sections— The table of sections at the beginning of chapter 963 of such title is amended by inserting before the item relating to section 9532 the following new item:
Sec. 945 Temporary exemption from authorized daily average of members in pay grades E–8 and E–9
addedadded Section 517 of title 10, United States Code, shall not apply to the Space Force until October 1, 2023.
Sec. 946 Application of acquisition demonstration project to Department of the Air Force employees assigned to acquisition positions within the Space Force
added
added
In general— Chapter 81 of title 10, United States Code, is amended by adding at the end the following new section:
added “1599i. Application of acquisition demonstration project to Department of the Air Force employees assigned to acquisition positions within the Space Force
added “For purposes of the demonstration project authorized by section 1762 of this title, the Secretary of Defense may apply the provisions of such section, including any regulations, procedures, waivers, or guidance implementing such section, to employees of the Department of the Air Force assigned to acquisition positions within the Space Force.”
added
Table of sections— The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
Sec. 947 Air and Space Force Medal
added
added
Supersedure of Airman's Medal with Air and Space Force Medal—
added
In general— Section 9280 of title 10, United States Code, is amended—
added
by striking “Airman's Medal” each place it appears and inserting “Air and Space Force Medal”; and
added
in subsection (a)(1), by inserting “or the Space Force” after “the Air Force”.
added
Section heading— The heading of such section is amended to read as follows:
added “9280. Air and Space Force Medal: award; limitations”
added
Table of sections— The table of sections at the beginning of chapter 937 of such title is amended by striking the item relating to section 9280 and inserting the following new item:
added
Differentiation in design— The President shall ensure that the design of the Air and Space Force Medal and accompanying ribbon (and any related bar or device) awarded under section 9280 of title 10, United States Code (as amended by subsection (a)), differs in an appropriate manner from the design of the Airman's Medal and accompanying ribbon, bar, or device awarded under section 9280 of title 10, United States Code, as such section was in effect on the date before the date of the enactment of this Act.
Sec. 952 Briefing on assignment of members of the Armed Forces on active duty to the Joint Artificial Intelligence Center of the Department of Defense
addedadded Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, with appropriate representatives of the Armed Forces, shall brief the Committees on Armed Services of the Senate and the House of Representatives on the feasibility and the current status of assigning members of the Armed Forces on active duty to the Joint Artificial Intelligence Center (JAIC) of the Department of Defense. The briefing shall include an assessment of such assignment on each of the following:
added
The strengthening of ties between the Joint Artificial Intelligence Center and operational forces for purposes of—
added
identifying tactical and operational use cases for artificial intelligence (AI);
added
improving data collection; and
added
establishing effective liaison between the Center and operational forces for identification and clarification of concerns in the widespread adoption and dissemination of artificial intelligence.
added
The creation of opportunities for additional non-traditional broadening assignments for members on active duty.
added
The career trajectory of active duty members so assigned, including potential negative effects on career trajectory.
added
The improvement and enhancement of the capacity of the Center to influence Department-wide policies that affect the adoption of artificial intelligence.
Sec. 953 Threats to United States forces from small unmanned aerial systems worldwide
added
added
Findings— Congress makes the following findings:
added
United States military forces face an ever increasing and constantly evolving threat from small unmanned aerial systems in operations worldwide, whether in the United States or abroad.
added
The Department of Defense is already doing important work to address the threats from small unmanned aerial systems worldwide, though the need for engagement in that area continues.
added
Executive agent—
added
In general— The Secretary of the Army is the executive agent of the Department of Defense for programs, projects, and activities to counter small unmanned aerial systems (in this section referred to as the “Counter-Small Unmanned Aerial Systems Program”).
added
Functions— The functions of the Secretary as executive agent shall be as follows:
added
To develop the strategy required by subsection (c).
added
To carry out such other activities to counter threats to United States forces worldwide from small unmanned aerial systems as the Secretary of Defense and the Secretary of the Army consider appropriate.
added
Structure— The Secretary as executive agent shall carry out the functions specified in paragraph (2) through such administrative structures as the Secretary considers appropriate.
added
Strategy To counter threats from small unmanned aerial systems— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army, as executive agent for the Counter-Small Unmanned Aerial Systems Program, shall develop and submit to relevant committees of Congress a strategy for the Armed Forces to effectively counter threats from small unmanned aerial systems worldwide. The report shall be submitted in classified form.
added
Report on executive agent activities—
added
Report required— Not later than one year after the date of the enactment of this Act, the Secretary of the Army, as executive agent for the Counter-Small Unmanned Aerial Systems Program, shall submit to Congress a report on the Counter-Small Unmanned Aerial Systems Program.
added
Elements— The report required by paragraph (1) shall include the following:
added
A description and assessment of the structure and activities of the executive agent as established and put in place by the Secretary, including the following:
added
Any obstacles hindering the effective discharge of its functions and activities, including limitations in authorities or policy.
added
The changes, if any, to airspace management, rules of engagement, and training plans that are required in order to optimize the use by the Armed Forces of counter-small unmanned aerial systems.
added
An assessment of the implementation of the strategy required by subsection (c), and a description of any updates to the strategy that are required in light of evolving threats to the Armed Forces from small unmanned aerial systems.
added
Report on threat from small unmanned aerial systems—
added
Report required— Not later than 180 days after the submittal of the strategy required by subsection (c), the Secretary of Defense shall submit to the appropriate committees of Congress a report that sets forth a direct comparison between the threats United States forces in combat settings face from small unmanned aerial systems and the capabilities of the United States to counter such threats. The report shall be submitted in classified form.
added
Coordination— The Secretary shall prepare the report required by paragraph (1) in coordination with the Director of the Defense Intelligence Agency and with such other appropriate officials of the intelligence community, and such other officials in the United States Government, as the Secretary considers appropriate.
added
Elements— The report required by paragraph (1) shall include the following:
added
An evaluation and assessment of the current and evolving threat being faced by United States forces from small unmanned aerial systems.
added
A description of the counter-small unmanned aerial system systems acquired by the Department of Defense as of the date of the enactment of this Act, and an assessment whether such systems are adequate to meet the current and evolving threat described in subparagraph (A).
added
Appropriate committees of Congress defined— In this subsection, the term appropriate committees of Congress means—
added
the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and
added
the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
added
Independent assessment of Counter-Small Unmanned Aerial Systems Program—
added
Assessment— Not later than 60 days after the submittal of the strategy required by subsection (c), the Secretary of Defense shall seek to enter into a contract with a Federally funded research and development center to conduct an assessment of the efficacy of the Counter-Small Unmanned Aerial Systems Program.
added
Elements— The assessment conducted pursuant to paragraph (1) shall include the following:
added
An identification of metrics to assess progress in the implementation of the strategy required by subsection (c), which metrics shall take into account the threat assessment required for purposes of subsection (e).
added
An assessment of progress, and key challenges, in the implementation of the strategy using such metrics, and recommendations for improvements in the implementation of the strategy.
added
An assessment of the extent to which the Department of Defense is coordinating adequately with other departments and agencies of the United States Government, and other appropriate entities, in the development and procurement of counter-small unmanned aerial systems for the Department.
added
An assessment of the extent to which the designation of the Secretary of the Army as executive agent for the Counter-Small Unmanned Aerial Systems Program has reduced redundancies and increased efficiencies in procurement of counter-small unmanned aerial systems.
added
An assessment whether United States technological progress on counter-small unmanned aerial systems is sufficient to maintain a competitive edge over the small unmanned aerial systems technology available to United States adversaries.
added
Report— Not later than 180 days after entry into the contract referred to in paragraph (1), the Secretary shall submit to the congressional defense committees a report setting forth the results of the assessment required under the contract.
Sec. 1003 Incentives for the achievement by the components of the Department of Defense of unqualified audit opinions on the financial statements
added
added
Incentives required— Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense (Comptroller) shall, acting through the Deputy Chief Financial Officer of the Department of Defense, develop and issue guidance to incentivize the achievement by each department, agency, and other component of the Department of Defense of unqualified audit opinions on their financial statements.
added
Report— Not later than 90 days after the date of the enactment of this Act, the Under Secretary shall submit to the appropriate committees of Congress a report setting forth a description and assessment of current and proposed incentives for the achievement of unqualified audit opinions as described in subsection (a).
added
Appropriate committees of Congress defined— In this section, the term appropriate committees of Congress means—
added
the Committee on Armed Services, the Committee on the Budget, and the Committee on Appropriations of the Senate; and
added
the Committee on Armed Services, the Committee on the Budget, and the Committee on Appropriations of the House of Representatives.
Sec. 1052 Efficient use of sensitive compartmented information facilities
addedadded Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of Defense, shall issue revised guidance authorizing and directing Government agencies and their appropriately cleared contractors to process, store, use, and discuss sensitive compartmented information (SCI) at facilities previously approved to handle such information, without need for further approval by agency or by site. Such guidance shall apply to controlled access programs of the intelligence community and to special access programs of the Department of Defense.
Sec. 1053 Assistance for farmer and rancher stress and mental health of individuals in rural areas
added
added
Definition of Secretary— In this section, the term Secretary means the Secretary of Agriculture.
added
Findings— Congress finds that—
added
according to the Centers for Disease Control and Prevention, the suicide rate is 45 percent greater in rural areas of the United States than the suicide rate in urban areas of the United States;
added
farmers face social isolation, the potential for financial losses, barriers to seeking mental health services, and access to lethal means to commit suicide; and
added
as commodity prices fall and farmers face uncertainty, reports of farmer suicides are increasing.
added
Public service announcement campaign to address farm and ranch mental health—
added
In general— The Secretary, in consultation with the Secretary of Health and Human Services, shall carry out a public service announcement campaign to address the mental health of farmers and ranchers.
added
Requirements— The public service announcement campaign under paragraph (1) shall include television, radio, print, outdoor, and digital public service announcements.
added
Contractor— The Secretary may enter into a contract or other agreement with a third party to carry out the public service announcement campaign under paragraph (1).
added
Authorization of appropriations— There is authorized to be appropriated to the Secretary to carry out this subsection $3,000,000, to remain available until expended.
added
Employee training program to manage farmer and rancher stress—
added
In general— Subtitle A of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 6912 et seq.) is amended by adding at the end the following:
added “224B. Employee training program to manage farmer and rancher stress
added “(a) In general—The Secretary shall establish a voluntary program to train employees of the Farm Service Agency, the Risk Management Agency, and the Natural Resources Conservation Service in the management of stress experienced by farmers and ranchers, including the detection of stress and suicide prevention.
added “(b) Requirement—Not later than 180 days after the date on which the Secretary submits a report on the results of the pilot program being carried out by the Secretary as of the date of enactment of this section to train employees of the Department in the management of stress experienced by farmers and ranchers, and based on the recommendations contained in that report, the Secretary shall develop a training program to carry out subsection (a).
added “(c) Report—Not less frequently than once every 2 years, the Secretary shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the implementation of this section.”
added
Conforming amendments—
added
Subtitle A of the Department of Agriculture Reorganization Act of 1994 is amended by redesignating section 225 (7 U.S.C. 6925) as section 224A.
added
Section 296(b) of the Department of Agriculture Reorganization Act of 1994 (7 U.S.C. 7014(b)) is amended by adding at the end the following:
added “(11) The authority of the Secretary to carry out section 224B.”
added
Task force for assessment of causes of mental stress and best practices for response—
added
In general— The Secretary shall convene a task force of agricultural and rural stakeholders at the national, State, and local levels—
added
to assess the causes of mental stress in farmers and ranchers; and
added
to identify best practices for responding to that mental stress.
added
Submission of report— Not later than 1 year after the date of enactment of this Act, the task force convened under paragraph (1) shall submit to the Secretary a report containing the assessment and best practices under subparagraphs (A) and (B), respectively, of that paragraph.
added
Collaboration— In carrying out this subsection, the task force convened under paragraph (1) shall collaborate with nongovernmental organizations and State and local agencies.
Sec. 1054 Additional conditions and limitations on the transfer of Department of Defense property for law enforcement activities
added
added
Additional training of recipient agency personnel required— Subsection (b)(6) of section 2576a of title 10, United States Code, is amended by inserting before the period at the end the following: “, including respect for the rights of citizens under the Constitution of the United States and de-escalation of force”.
added
Certain property not transferrable— Such section is further amended—
added
by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and
added
by inserting after subsection (d) the following new subsection (e):
added “(d) Property not transferrable—The Secretary may not transfer to a Tribal, State, or local law enforcement agency under this section the following:
added “(1) Bayonets.
added “(2) Grenades (other than stun and flash-bang grenades).
added “(3) Weaponized tracked combat vehicles.
added “(4) Weaponized drones.”
Sec. 1064 Study on unemployment rate of female veterans who served on active duty in the Armed Forces after September 11, 2001
added
added
Study—
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Bureau of Labor Statistics of the Department of Labor, shall conduct a study on why Post-9/11 Veterans who are female are at higher risk of unemployment than all other groups of female veterans and their non-veteran counterparts.
added
Conduct of study—
added
In general— The Secretary shall conduct the study under paragraph (1) primarily through the Center for Women Veterans under section 318 of title 38, United States Code.
added
Consultation— In carrying out the study conducted under paragraph (1), the Secretary may consult with—
added
other Federal agencies, such as the Department of Defense, the Office of Personnel Management, and the Small Business Administration;
added
foundations; and
added
entities in the private sector.
added
Elements of study— The study conducted under paragraph (1) shall include, with respect to Post-9/11 Veterans who are female, at a minimum, an analysis of the following:
added
Rank at time of separation from the Armed Forces.
added
Geographic location upon such separation.
added
Educational level upon such separation.
added
The percentage of such veterans who enrolled in an education or employment training program of the Department of Veterans Affairs or the Department of Labor after such separation.
added
Industries that have employed such veterans.
added
Military occupational specialties available to such veterans.
added
Barriers to employment of such veterans.
added
Causes to fluctuations in employment of such veterans.
added
Current employment training programs of the Department of Veterans Affairs or the Department of Labor that are available to such veterans.
added
Economic indicators that impact unemployment of such veterans.
added
Health conditions of such veterans that could impact employment.
added
Whether there are differences in the analyses conducted under subparagraphs (A) through (K) based on the race of such veteran.
added
The difference between unemployment rates of Post-9/11 Veterans who are female compared to unemployment rates of Post-9/11 Veterans who are male, including an analysis of potential causes of such difference.
added
Report—
added
In general— Not later than 90 days after completing the study under subsection (a), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on such study.
added
Elements— The report required by paragraph (1) shall include the following:
added
The analyses conducted under subsection (a)(3).
added
A description of the methods used to conduct the study under subsection (a).
added
Such other matters relating to the unemployment rates of Post-9/11 Veterans who are female as the Secretary considers appropriate.
added
Post-9/11 Veteran defined— In this section, the term Post-9/11 Veteran means a veteran who served on active duty in the Armed Forces on or after September 11, 2001.
Sec. 1065 Report on Great Lakes and inland waterways seaports
added
added
Report required—
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives containing the results of the review and an explanation of the methodology used for the review conducted pursuant to subsection (b) regarding the screening practices for foreign cargo arriving at seaports on the Great Lakes and inland waterways.
added
Form— The report required under paragraph (1) shall be submitted in unclassified form, to the maximum extent possible, but may include a classified annex, if necessary.
added
Scope of review—
added
Seaport selection— In selecting seaports on inland waterways to include in the review under this subsection, the Secretary of Homeland Security shall ensure that the inland waterways seaports are—
added
equal in number to the Great Lakes seaports included in the review;
added
comparable to Great Lakes seaports included in the review, as measured by number of imported shipments arriving at the seaport each year; and
added
covered by at least the same number of Field Operations offices as the Great Lakes seaports included in the review, but are not covered by the same Field Operations offices as such Great Lakes seaports.
added
Elements— The Secretary of Homeland Security shall conduct a review of all Great Lakes and selected inland waterways seaports that receive international cargo—
added
to determine, for each such seaport—
added
the current screening capability, including the types and numbers of screening equipment and whether such equipment is physically located at a seaport or assigned and available in the area and made available to use;
added
the number of U.S. Customs and Border Protection personnel assigned from a Field Operations office, broken out by role;
added
the expenditures for procurement and overtime incurred by U.S. Customs and Border Protection during the most recent fiscal year;
added
the types of cargo received, such as containerized, break-bulk, and bulk;
added
the legal entity that owns the seaport;
added
a description of U.S. Customs and Border Protection’s use of space at the seaport, including—
added
whether U.S. Customs and Border Protection or the General Services Administration owns or leases any facilities; and
added
if U.S. Customs and Border Protection is provided space at the seaport, a description of such space, including the number of workstations; and
added
the current cost-sharing arrangement for screening technology or reimbursable services;
added
to identify, for each Field Operations office—
added
any ports of entry that are staffed remotely from service ports;
added
the distance of each such service port from the corresponding ports of entry; and
added
the number of officers and the types of equipment U.S. Customs and Border Protection utilizes to screen cargo entering or exiting through such ports; and
added
that includes a threat assessment of incoming containerized and noncontainerized cargo at Great Lakes seaports and selected inland waterways seaports.
Sec. 1066 Report on the Chemical and Biological Defense Program of the Department of Defense
added
added
Report required— Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the Chemical and Biological Defense Program of the Department of Defense.
added
Elements— The report required by subsection (a) shall include the following:
added
An assessment of the significance of the Chemical and Biological Defense Program within the 2018 National Defense Strategy.
added
A description and assessment of the threats the Chemical and Biological Defense Program is designed to address.
added
An assessment of the capacity of current Chemical and Biological Defense Program facilities to complete their missions if funding levels for the Program are reduced.
added
An estimate of the length of time required to return the Chemical and Biological Defense Program to its current capacity if funding levels reduced for the Program as described in paragraph (3) are restored.
added
An assessment of the threat posed to members of the Armed Forces as a result of a reduction in testing of gear for field readiness by the Chemical and Biological Defense Program by reason of reduced funding levels for the Program.
added
A description and assessment of the necessity of Non Traditional Agent Defense Testing under the Chemical and Biological Defense Program for Individual Protection Systems, Collective Protection Systems, field decontamination systems, and chemical agent detectors.
added
Form— The report required by subsection (a) shall be submitted in classified form, available for review by any Member of Congress, but shall include an unclassified summary.
Sec. 1067 Report on round-the-clock availability of childcare for members of the Armed Forces and civilian employees of the Department of Defense who work rotating shifts
added
added
In general— Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth the results of a study, conducted by the Secretary for purposes of the report, on the feasibility and advisability of making round-the-clock childcare available for children of members of the Armed Forces and civilian employees of the Department of Defense who works on rotating shifts at military installations.
added
Elements— The report required by subsection (a) shall include the following:
added
The results of the study described in that subsection.
added
If the Secretary determines that making round-the-clock childcare available as described in subsection (a) is feasible and advisable, such matters as the Secretary considers appropriate in connection with making such childcare available, including—
added
an identification of the installations at which such childcare would be beneficial to members of the Armed Forces, civilian employees of the Department, or both;
added
an identification of any barriers to making such childcare available at the installations identified pursuant to subparagraph (A);
added
an assessment whether the childcare needs of members of the Armed Forces and civilian employees of the Department described in subsection (a) would be better met by an increase in assistance for childcare fees;
added
a description and assessment of the actions, if any, being taken to make such childcare available at the installations identified pursuant to subparagraph (A); and
added
such recommendations for legislative or administrative action as the Secretary considers appropriate to make such childcare available at the installations identified pursuant to subparagraph (A), or at any other military installations.
Sec. 1085 Sense of Senate on Gold Star Families Remembrance Week
added
added
Findings— The Senate makes the following findings:
added
The last Sunday in September—
added
is designated as “Gold Star Mother’s Day” under section 111 of title 36, United States Code; and
added
was first designated as “Gold Star Mother’s Day” under the Joint Resolution entitled “Joint Resolution designating the last Sunday in September as “Gold Star Mother's Day”, and for other purposes”, approved June 23, 1936 (49 Stat. 1895).
added
There is no date dedicated to families affected by the loss of a loved one who died in service to the United States.
added
A gold star symbolizes a family member who died in the line of duty while serving in the Armed Forces.
added
The members and veterans of the Armed Forces, through their service, bear the burden of protecting the freedom of the people of the United States.
added
The selfless example of the service of the members and veterans of the Armed Forces, as well as the sacrifices made by the families of those individuals, inspires all individuals in the United States to sacrifice and work diligently for the good of the United States.
added
The sacrifices of the families of the fallen members of the Armed Forces and the families of veterans of the Armed Forces should never be forgotten.
added
Sense of the Senate— It is the sense of the Senate that the Senate—
added
designates the week of September 20 through September 26, 2020, as “Gold Star Families Remembrance Week”;
added
honors and recognizes the sacrifices made by—
added
the families of members of the Armed Forces who made the ultimate sacrifice in order to defend freedom and protect the United States; and
added
the families of veterans of the Armed Forces; and
added
encourages the people of the United States to observe Gold Star Families Remembrance Week by—
added
performing acts of service and good will in their communities; and
added
celebrating families in which loved ones made the ultimate sacrifice so that others could continue to enjoy life, liberty, and the pursuit of happiness.
Sec. 1086 Continuity of the Economy Plan
added
added
Requirement—
added
In general— The President shall develop and maintain a plan to maintain and restore the economy of the United States in response to a significant event.
added
Principles— The plan required under paragraph (1) shall—
added
be consistent with—
added
a free market economy; and
added
the rule of law; and
added
respect private property rights.
added
Contents— The plan required under paragraph (1) shall—
added
examine the distribution of goods and services across the United States necessary for the reliable functioning of the United States during a significant event;
added
identify the economic functions of relevant actors, the disruption, corruption, or dysfunction of which would have a debilitating effect in the United States on—
added
security;
added
economic security;
added
defense readiness; or
added
public health or safety;
added
identify the critical distribution mechanisms for each economic sector that should be prioritized for operation during a significant event, including—
added
bulk power and electric transmission systems;
added
national and international financial systems, including wholesale payments, stocks, and currency exchanges;
added
national and international communications networks, data-hosting services, and cloud services;
added
interstate oil and natural gas pipelines; and
added
mechanisms for the interstate and international trade and distribution of materials, food, and medical supplies, including road, rail, air, and maritime shipping;
added
identify economic functions of relevant actors, the disruption, corruption, or dysfunction of which would cause—
added
catastrophic economic loss;
added
the loss of public confidence; or
added
the widespread imperilment of human life;
added
identify the economic functions of relevant actors that are so vital to the economy of the United States that the disruption, corruption, or dysfunction of those economic functions would undermine response, recovery, or mobilization efforts during a significant event;
added
incorporate, to the greatest extent practicable, the principles and practices contained within Federal plans for the continuity of Government and continuity of operations;
added
identify—
added
industrial control networks on which the interests of national security outweigh the benefits of dependence on internet connectivity, including networks that are required to maintain defense readiness; and
added
for each industrial control network described in clause (i), the most feasible and optimal locations for the installation of—
added
parallel services;
added
stand-alone analog services; and
added
services that are otherwise hardened against failure;
added
identify critical economic sectors for which the preservation of data in a protected, verified, and uncorrupted status would be required for the quick recovery of the economy of the United States in the face of a significant disruption following a significant event;
added
include a list of raw materials, industrial goods, and other items, the absence of which would significantly undermine the ability of the United States to sustain the functions described in subparagraphs (B), (D), and (E);
added
provide an analysis of supply chain diversification for the items described in subparagraph (I) in the event of a disruption caused by a significant event;
added
include—
added
a recommendation as to whether the United States should maintain a strategic reserve of 1 or more of the items described in subparagraph (I); and
added
for each item described in subparagraph (I) for which the President recommends maintaining a strategic reserve under clause (i), an identification of mechanisms for tracking inventory and availability of the item in the strategic reserve;
added
identify mechanisms in existence on the date of enactment of this Act and mechanisms that can be developed to ensure that the swift transport and delivery of the items described in subparagraph (I) is feasible in the event of a distribution network disturbance or degradation, including a distribution network disturbance or degradation caused by a significant event;
added
include guidance for determining the prioritization for the distribution of the items described in subparagraph (I), including distribution to States and Indian Tribes;
added
consider the advisability and feasibility of mechanisms for extending the credit of the United States or providing other financial support authorized by law to key participants in the economy of the United States if the extension or provision of other financial support—
added
is necessary to avoid severe economic degradation; or
added
allows for the recovery from a significant event;
added
include guidance for determining categories of employees that should be prioritized to continue to work in order to sustain the functions described in subparagraphs (B), (D), and (E) in the event that there are limitations on the ability of individuals to travel to workplaces or to work remotely, including considerations for defense readiness;
added
identify critical economic sectors necessary to provide material and operational support to the defense of the United States;
added
determine whether the Secretary of Homeland Security, the National Guard, and the Secretary of Defense have adequate authority to assist the United States in a recovery from a severe economic degradation caused by a significant event;
added
review and assess the authority and capability of heads of other agencies that the President determines necessary to assist the United States in a recovery from a severe economic degradation caused by a significant event; and
added
consider any other matter that would aid in protecting and increasing the resilience of the economy of the United States from a significant event.
added
Coordination— In developing the plan required under subsection (a)(1), the President shall—
added
receive advice from—
added
the Secretary of Homeland Security;
added
the Secretary of Defense;
added
the Secretary of the Treasury;
added
the Secretary of Health and Human Services;
added
the Secretary of Commerce;
added
the Secretary of Transportation;
added
the Secretary of Energy;
added
the Administrator of the Small Business Administration; and
added
the head of any other agency that the President determines necessary to complete the plan;
added
consult with economic sectors relating to critical infrastructure through sector-coordinated councils, as appropriate;
added
consult with relevant State, Tribal, and local governments and organizations that represent those governments; and
added
consult with any other non-Federal entity that the President determines necessary to complete the plan.
added
Submission to Congress—
added
In general— Not later than 2 years after the date of enactment of this Act, and not less frequently than every 3 years thereafter, the President shall submit the plan required under subsection (a)(1) and the information described in paragraph (2) to—
added
the majority and minority leaders of the Senate;
added
the Speaker and the minority leader of the House of Representatives;
added
the Committee on Armed Services of the Senate;
added
the Committee on Armed Services of the House of Representatives;
added
the Committee on Homeland Security and Governmental Affairs of the Senate;
added
the Committee on Homeland Security of the House of Representatives;
added
the Committee on Health, Education, Labor, and Pensions of the Senate;
added
the Committee on Commerce, Science, and Transportation of the Senate;
added
the Committee on Energy and Commerce of the House of Representatives;
added
the Committee on Banking, Housing, and Urban Affairs of the Senate;
added
the Committee on Finance of the Senate;
added
the Committee on Financial Services of the House of Representatives;
added
the Committee on Small Business and Entrepreneurship of the Senate;
added
the Committee on Small Business of the House of Representatives;
added
the Committee on Energy and Natural Resources of the Senate;
added
the Committee on Environment and Public Works of the Senate; and
added
any other committee of the Senate or the House of Representatives that has jurisdiction over the subject of the plan.
added
Additional information— The information described in this paragraph is—
added
any change to Federal law that would be necessary to carry out the plan required under subsection (a)(1); and
added
any proposed changes to the funding levels provided in appropriation Acts for the most recent fiscal year that can be implemented in future appropriation Acts or additional resources necessary to—
added
implement the plan required under subsection (a)(1); or
added
maintain any program offices and personnel necessary to—
added
maintain the plan required under subsection (a)(1) and the plans described in subsection (a)(3)(F); and
added
conduct exercises, assessments, and updates to the plans described in subclause (I) over time.
added
Budget of the President— The President may include the information described in paragraph (2)(B) in the budget required to be submitted by the President under section 1105(a) of title 31, United States Code.
added
Definitions— In this section:
added
The term agency has the meaning given the term in section 551 of title 5, United States Code.
added
The term economic sector means a sector of the economy of the United States.
added
The term relevant actor means—
added
the Federal government;
added
a State, local, or Tribal government; or
added
the private sector.
added
The term significant event means an event that causes severe degradation to economic activity in the United States due to—
added
a cyber attack; or
added
another significant event that is natural or human-caused.
added
The term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States.
Sec. 1087 Improving the authority for operations of unmanned aircraft for educational purposes
addedadded Section 350 of the FAA Reauthorization Act of 2018 (Public Law 115–254; 49 U.S.C 44809 note) is amended
added
in the section heading, by striking “at institutions of higher education” and inserting “for educational purposes”; and
added
in subsection (a)—
added
by striking “aircraft system operated by” and inserting the following: “aircraft system—
added “(1) operated by”
added
in paragraph (1), as added by subparagraph (A), by striking the period at the end and inserting a semicolon; and
added
by adding at the end the following:
added “(2) flown as part of the established curriculum of an elementary school or secondary school (as such terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801));
added “(3) flown as part of an established Junior Reserve Officers’ Training Corps (JROTC) program; or
added “(4) flown as part of an educational program that is chartered by a recognized community-based organization (as defined in subsection (h) of such section).”
Sec. 1088 Requirement to post a 100 word summary to regulations.gov
addedadded Section 553(b) of title 5, United States Code, is amended—
added
in paragraph (2), by striking “and” at the end;
added
in paragraph (3), by striking the period at the end and inserting “; and”; and
added
by inserting after paragraph (3) the following:
added “(4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 (44 U.S.C. 3501 note) (commonly known as regulations.gov).”
Sec. 1089 Modification of licensure requirements for health care professionals providing treatment via telemedicine
addedadded Section 1730C(b) of title 38, United States Code, is amended to read as follows:
added “(b) Covered health care professionals—For purposes of this section, a covered health care professional is any of the following individuals:
added “(1) A health care professional who—
added “(A) is an employee of the Department appointed under section 7306, 7401, 7405, 7406, or 7408 of this title or title 5;
added “(B) is authorized by the Secretary to provide health care under this chapter;
added “(C) is required to adhere to all standards for quality relating to the provision of health care in accordance with applicable policies of the Department; and
added “(D)
added “(i) has an active, current, full, and unrestricted license, registration, or certification in a State to practice the health care profession of the health care professional; or
added “(ii) with respect to a health care profession listed under section 7402(b) of this title, has the qualifications for such profession as set forth by the Secretary.
added “(2) A postgraduate health care employee who—
added “(A) is appointed under section 7401(1), 7401(3), or 7405 of this title or title 5 for any category of personnel described in paragraph (1) or (3) of section 7401 of this title;
added “(B) must obtain an active, current, full, and unrestricted license, registration, or certification or meet qualification standards set forth by the Secretary within a specified time frame; and
added “(C) is under the clinical supervision of a health care professional described in paragraph (1); or
added “(3) A health professions trainee who—
added “(A) is appointed under section 7405 or 7406 of this title; and
added “(B) is under the clinical supervision of a health care professional described in paragraph (1).”
Sec. 1090 Restrictions on Confucius Institutes
added
added
Definition— In this section, the term Confucius Institute means a cultural institute directly or indirectly funded by the Government of the People’s Republic of China.
added
Restrictions on Confucius Institutes— An institution of higher education or other postsecondary educational institution (referred to in this section as an “institution”) shall not be eligible to receive Federal funds from the Department of Education (except funds under title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et seq.) or other Department of Education funds that are provided directly to students) unless the institution ensures that any contract or agreement between the institution and a Confucius Institute includes clear provisions that—
added
protect academic freedom at the institution;
added
prohibit the application of any foreign law on any campus of the institution; and
added
grant full managerial authority of the Confucius Institute to the institution, including full control over what is being taught, the activities carried out, the research grants that are made, and who is employed at the Confucius Institute.
Sec. 1090A Additional care for newborn children of veterans
addedadded Section 1786 of title 38, United States Code, is amended—
added
in subsection (a), by striking “The Secretary” and inserting “Except as provided in subsection (c), the Secretary”; and
added
by adding at the end the following new subsection:
added “(c) Exception based on medical necessity—Pursuant to such regulations as the Secretary shall prescribe to carry out this section, the Secretary may furnish more than seven days of health care services described in subsection (b), and may furnish transportation necessary to receive such services, to a newborn child based on medical necessity if the child is in need of additional care, including if the child has been discharged or released from a hospital and requires readmittance to ensure the health and welfare of the child.”
Sec. 1090B Additional diseases associated with exposure to certain herbicide agents for which there is a presumption of service connection for veterans who served in the Republic of Vietnam
addedadded Section 1116(a)(2) of title 38, United States Code, is amended by adding at the end the following new subparagraphs:
added “(I) Parkinsonism.
added “(J) Bladder cancer.
added “(K) Hypothyroidism.”
Sec. 1091 Definitions
addedadded In this subtitle:
added
3GPP— The term 3GPP means the Third Generation Partnership Project.
added
5G network— The term 5G network means a radio network as described by 3GPP Release 15 or higher.
added
Commission— The term Commission means the Federal Communications Commission.
added
NTIA Administrator— The term NTIA Administrator means the Assistant Secretary of Commerce for Communications and Information.
added
Open-RAN— The term Open-RAN means the Open Radio Access Network approach to standardization adopted by the O-RAN Alliance, Telecom Infra Project, or 3GPP, or any similar set of open standards for multi-vendor network equipment interoperability.
added
Relevant committees of Congress— The term relevant committees of Congress means—
added
the Select Committee on Intelligence of the Senate;
added
the Committee on Foreign Relations of the Senate;
added
the Committee on Homeland Security and Governmental Affairs of the Senate;
added
the Committee on Armed Services of the Senate;
added
the Committee on Commerce, Science, and Transportation of the Senate;
added
the Committee on Appropriations of the Senate;
added
the Permanent Select Committee on Intelligence of the House of Representatives;
added
the Committee on Foreign Affairs of the House of Representatives;
added
the Committee on Homeland Security of the House of Representatives;
added
the Committee on Armed Services of the House of Representatives;
added
the Committee on Energy and Commerce of the House of Representatives; and
added
the Committee on Appropriations of the House of Representatives.
Sec. 1092 Communications technology security funds
added
added
Use of Digital Television Transition and Public Safety Fund— As soon as practicable after the date of enactment of this Act, the Commission shall transfer from the Digital Television Transition and Public Safety Fund established under section 309(j)(8)(E) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(E))—
added
$50,000,000 to the Public Wireless Supply Chain Innovation Fund established under subsection (b) of this section; and
added
$25,000,000 to the Multilateral Telecommunications Security Fund established under subsection (c) of this section.
added
Public Wireless Supply Chain Innovation Fund—
added
Establishment—
added
In general— There is established in the Treasury of the United States a trust fund to be known as the “Public Wireless Supply Chain Innovation Fund” (referred to in this subsection as the R&D Fund).
added
Availability—
added
In general— Amounts deposited in the R&D Fund shall remain available through the end of the tenth fiscal year beginning after the date of enactment of this Act.
added
Remainder to Treasury— Any amounts remaining in the R&D Fund after the end of the tenth fiscal year beginning after the date of enactment of this Act shall be deposited in the general fund of the Treasury.
added
Use of fund—
added
In general— Amounts deposited in the R&D Fund shall be available to the NTIA Administrator to make grants under this subsection in such amounts as the NTIA Administrator determines appropriate, subject to subparagraph (B) of this subparagraph.
added
Limitation on grant amounts— The amount of a grant awarded under this subsection to a recipient for a specific research focus area may not exceed $50,000,000.
added
Administration of fund— The NTIA Administrator, in consultation with the Commission, the Director of the National Institute of Standards and Technology, the Secretary of Homeland Security, the Secretary of Defense, and the Director of the Intelligence Advanced Research Projects Activity of the Office of the Director of National Intelligence, shall establish criteria for grants awarded under this subsection, and administer the R&D Fund, to support research and the commercial application of that research, including in the following areas:
added
Promoting the development of technology, including software, hardware, and microprocessing technology, that will enhance competitiveness in the fifth-generation (commonly known as “5G”) and successor wireless technology supply chains.
added
Accelerating development and deployment of open interface standards-based compatible, interoperable equipment, such as equipment developed pursuant to the standards set forth by organizations such as the O-RAN Alliance, the Telecom Infra Project, 3GPP, the Open-RAN Software Community, or any successor organizations.
added
Promoting compatibility of new 5G equipment with future open standards-based, interoperable equipment.
added
Managing integration of multi-vendor network environments.
added
Objective criteria to define equipment as compliant with open standards for multi-vendor network equipment interoperability.
added
Promoting development and inclusion of security features enhancing the integrity and availability of equipment in multi-vendor networks.
added
Promoting the application of network function virtualization to facilitate multi-vendor interoperability and a more diverse vendor market.
added
Nonduplication of research— To the greatest extent practicable, the NTIA Administrator shall ensure that any research funded by a grant awarded under this subsection avoids duplication of other Federal or private sector research.
added
Timing— Not later than 1 year after the date of enactment of this Act, the NTIA Administrator shall begin awarding grants under this subsection.
added
Federal advisory body—
added
Establishment— The NTIA Administrator shall establish a Federal advisory committee, in accordance with the Federal Advisory Committee Act (5 U.S.C. App.), composed of government and private sector experts, to advise the NTIA Administrator on the administration of the R&D Fund.
added
Composition— The advisory committee established under subparagraph (A) shall be composed of—
added
representatives from—
added
the Commission;
added
the Department of Defense;
added
the Intelligence Advanced Research Projects Activity of the Office of the Director of National Intelligence;
added
the National Institute of Standards and Technology;
added
the Department of State;
added
the National Science Foundation; and
added
the Department of Homeland Security; and
added
other representatives from the private and public sectors, at the discretion of the NTIA Administrator.
added
Duties— The advisory committee established under subparagraph (A) shall advise the NTIA Administrator on technology developments to help inform—
added
the strategic direction of the R&D Fund; and
added
efforts of the Federal Government to promote a more secure, diverse, sustainable, and competitive supply chain.
added
Reports to Congress—
added
Initial report— Not later than 180 days after the date of enactment of this Act, the NTIA Administrator shall submit to the relevant committees of Congress a report with—
added
additional recommendations on promoting the competitiveness and sustainability of trusted suppliers in the wireless supply chain; and
added
any additional authorities needed to facilitate the timely adoption of open standards-based equipment, including authority to provide loans, loan guarantees, and other forms of credit extension that would maximize the use of designated funds.
added
Annual report— For each fiscal year for which amounts in the R&D Fund are available under this subsection, the NTIA Administrator shall submit to Congress a report that—
added
describes how, and to whom, amounts in the R&D Fund have been deployed;
added
details the progress of the NTIA Administrator in meeting the objectives described in paragraph (3); and
added
includes any additional information that the NTIA Administrator determines appropriate.
added
Multilateral Telecommunications Security Fund—
added
Establishment of Fund—
added
In general— There is established in the Treasury of the United States a trust fund to be known as the “Multilateral Telecommunications Security Fund”.
added
Use of fund— Amounts deposited in the Multilateral Telecommunications Security Fund shall be available to the Secretary of State to make expenditures under this subsection in such amounts as the Secretary of State determines appropriate.
added
Availability—
added
In general— Amounts deposited in the Multilateral Telecommunications Security Fund—
added
shall remain available through the end of the tenth fiscal year beginning after the date of enactment of this Act; and
added
may only be allocated upon the Secretary of State reaching an agreement with foreign government partners to participate in the common funding mechanism described in paragraph (2).
added
Remainder to Treasury— Any amounts remaining in the Multilateral Telecommunications Security Fund after the end of the tenth fiscal year beginning after the date of enactment of this Act shall be deposited in the general fund of the Treasury.
added
Administration of Fund— The Secretary of State, in consultation with the NTIA Administrator, the Secretary of Homeland Security, the Secretary of Defense, the Secretary of the Treasury, the Director of National Intelligence, and the Commission, shall establish a common funding mechanism, in coordination with foreign partners, that uses amounts from the Multilateral Telecommunications Security Fund to support the development and adoption of secure and trusted telecommunications technologies.
added
Annual report to Congress— Not later than 1 year after the date of enactment of this Act, and annually thereafter for each fiscal year during which amounts in the Multilateral Telecommunications Security Fund are available, the Secretary of State shall submit to the relevant committees of Congress a report on the status and progress of the funding mechanism established under paragraph (2), including—
added
any funding commitments from foreign partners, including each specific amount committed;
added
governing criteria for use of the Multilateral Telecommunications Security Fund;
added
an account of—
added
how, and to whom, funds have been deployed;
added
amounts remaining in the Multilateral Telecommunications Security Fund; and
added
the progress of the Secretary of State in meeting the objective described in paragraph (2); and
added
additional authorities needed to enhance the effectiveness of the Multilateral Telecommunications Security Fund in achieving the security goals of the United States.
Sec. 1093 Promoting United States leadership in international organizations and communications standards-setting bodies
added
added
In general— The Secretary of State, the Secretary of Commerce, and the Chairman of the Commission, or their designees, shall consider how to enhance representation of the United States at international forums that set standards for 5G networks and for future generations of wireless communications networks, including—
added
the International Telecommunication Union (commonly known as “ITU”);
added
the International Organization for Standardization (commonly known as “ISO”);
added
the Inter-American Telecommunications Commission (commonly known as “CITEL”); and
added
the voluntary standards organizations that develop protocols for wireless devices and other equipment, such as the 3GPP and the Institute of Electrical and Electronics Engineers (commonly known as “IEEE”).
added
Annual report— The Secretary of State, the Secretary of Commerce, and the Chairman of the Commission shall jointly submit to the relevant committees of Congress an annual report on the progress made under subsection (a).
Sec. 1094 Semiconductor incentive grants
added
added
Definitions— In this section—
added
the term appropriate committees of Congress means—
added
the Select Committee on Intelligence, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Homeland Security and Governmental Affairs of the Senate; and
added
the Permanent Select Committee on Intelligence, the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Science, Space, and Technology, the Committee on Appropriations, the Committee on Financial Services, and the Committee on Homeland Security of the House of Representatives;
added
the term covered entity means a private entity, a consortium of private entities, or a consortium of public and private entities with a demonstrated ability to construct, expand, or modernize a facility relating to the fabrication, assembly, testing, advanced packaging, or advanced research and development of semiconductors;
added
the term covered incentive—
added
means an incentive offered by a governmental entity to a covered entity for the purposes of constructing within the jurisdiction of the governmental entity, or expanding or modernizing an existing facility within that jurisdiction, a facility described in paragraph (2); and
added
includes any tax incentive (such as an incentive or reduction with respect to employment or payroll taxes or a tax abatement with respect to personal or real property), a workforce-related incentive (including a grant agreement relating to workforce training or vocational education), any concession with respect to real property, funding for research and development with respect to semiconductors, and any other incentive determined appropriate by the Secretary, in consultation with the Secretary of State;
added
the term foreign adversary means any foreign government or foreign nongovernment person that is engaged in a long-term pattern, or is involved in a serious instance, of conduct that is significantly adverse to—
added
the national security of the United States or an ally of the United States; or
added
the security and safety of United States persons;
added
the term governmental entity means a State or local government;
added
the term Secretary means the Secretary of Commerce; and
added
the term semiconductor has the meaning given the term by the Secretary.
added
Grant program—
added
In general— The Secretary shall establish in the Department of Commerce a program that, in accordance with the requirements of this section, provides grants to covered entities.
added
Procedure—
added
In general— A covered entity shall submit to the Secretary an application that describes the project for which the covered entity is seeking a grant under this section.
added
Eligibility— In order for a covered entity to qualify for a grant under this section, the covered entity shall demonstrate to the Secretary, in the application submitted by the covered entity under subparagraph (A), that—
added
the covered entity has a documented interest in constructing, expanding, or modernizing a facility described in subsection (a)(2); and
added
with respect to the project described in clause (i), the covered entity has—
added
been offered a covered incentive;
added
made commitments to worker and community investment, including through—
added
training and education benefits paid by the covered entity; and
added
programs to expand employment opportunity for economically disadvantaged individuals; and
added
secured commitments from regional educational and training entities and institutions of higher education to provide workforce training, including programming for training and job placement of economically disadvantaged individuals.
added
Considerations for review— With respect to the review by the Secretary of an application submitted by a covered entity under subparagraph (A)—
added
the Secretary may not approve the application unless the Secretary—
added
confirms that the covered entity has satisfied the eligibility criteria under subparagraph (B); and
added
determines that the project to which the application relates is in the interest of the United States; and
added
the Secretary may consider whether—
added
the covered entity has previously received a grant made under this subsection; and
added
the governmental entity offering the applicable covered incentive has benefitted from a grant previously made under this subsection.
added
Amount— The amount of a grant made by the Secretary to a covered entity under this subsection shall be in an amount that is not more than $3,000,000,000.
added
Use of funds— A covered entity that receives a grant under this subsection may only use the grant amounts to—
added
finance the construction, expansion, or modernization of a facility described in subsection (a)(2), as documented in the application submitted by the covered entity under paragraph (2)(A), or for similar uses in state of practice and legacy facilities, as determined necessary by the Secretary for purposes relating to the national security and economic competitiveness of the United States;
added
support workforce development for the facility described in subparagraph (A); or
added
support site development for the facility described in subparagraph (A).
added
Clawback— The Secretary shall recover the full amount of a grant provided to a covered entity under this subsection if—
added
as of the date that is 5 years after the date on which the Secretary makes the grant, the project to which the grant relates has not been completed, except that the Secretary may issue a waiver with respect to the requirement under this subparagraph if the Secretary determines that issuing such a waiver is appropriate and in the interests of the United States; or
added
during the applicable term with respect to the grant, the covered entity engages in any joint research or technology licensing effort—
added
with the Government of the People’s Republic of China, the Government of the Russian Federation, the Government of Iran, the Government of North Korea, or another foreign adversary; and
added
that relates to a sensitive technology or product, as determined by the Secretary.
added
Consultation and coordination required— In carrying out the program established under subsection (b), the Secretary shall consult and coordinate with the Secretary of State and the Secretary of Defense.
added
GAO reviews— The Comptroller General of the United States shall—
added
not later than 2 years after the date of enactment of this Act, and biennially thereafter until the date that is 10 years after that date of enactment, conduct a review of the program established under subsection (b), which shall include, at a minimum—
added
a determination of the number of instances in which grants were provided under that subsection during the period covered by the review in violation of a requirement of this section;
added
an evaluation of how—
added
the program is being carried out, including how recipients of grants are being selected under the program; and
added
other Federal programs are leveraged for manufacturing, research, and training to complement the grants awarded under the program; and
added
a description of the outcomes of projects supported by grants made under the program, including a description of—
added
facilities described in subsection (a)(2) that were constructed, expanded, or modernized as a result of grants made under the program;
added
research and development carried out with grants made under the program; and
added
workforce training programs carried out with grants made under the program, including efforts to hire individuals from disadvantaged populations; and
added
submit to the appropriate committees of Congress the results of each review conducted under paragraph (1).
Sec. 1095 Department of Defense
added
added
Department of Defense efforts—
added
In general— The Secretary of Defense shall, in consultation with the Secretary of Commerce, the Secretary of Homeland Security, and the Director of National Intelligence, work with the private sector through a public-private partnership, including by incentivizing the formation of a consortium of United States companies, to ensure the development and production of advanced, measurably secure microelectronics for use by the Department of Defense, the intelligence community, critical infrastructure sectors, and other national security applications. Such work may include providing incentives for the creation, expansion, or modernization of one or more commercially competitive and sustainable microelectronics manufacturing or advanced research and development facilities.
added
Risk mitigation requirements— A participant in a consortium formed with incentives under paragraph (1) shall—
added
have the potential to perform fabrication, assembly, package, or test functions for microelectronics deemed critical to national security as defined by export control regulatory agencies in consultation with the National Security Adviser and the Secretary of Defense;
added
include management processes to identify and mitigate supply chain security risks; and
added
be able to produce microelectronics consistent with applicable measurably secure supply chain and operational security standards established under section 224(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).
added
National security considerations— The Secretary of Defense and the Director of National Intelligence shall select participants for the consortium formed with incentives under paragraph (1). In selecting such participants, the Secretary and the Director may jointly consider whether the United States companies—
added
have participated in previous programs and projects of the Department of Defense, Department of Energy, or the intelligence community, including—
added
the Trusted Integrated Circuit program of the Intelligence Advanced Research Projects Activity;
added
trusted and assured microelectronics projects, as administered by the Department of Defense;
added
the Electronics Resurgence Initiative (ERI) program of the Defense Advanced Research Projects Agency; or
added
relevant semiconductor research programs of Advanced Research Projects Agency–Energy;
added
have demonstrated an ongoing commitment to performing contracts for the Department of Defense and the intelligence community;
added
are approved by the Defense Counterintelligence and Security Agency or the Office of the Director of National Intelligence as presenting an acceptable security risk, taking into account supply chain assurance vulnerabilities, counterintelligence risks, and any risks presented by companies whose owners are located outside the United States; and
added
are evaluated periodically for foreign ownership, control, or influence by foreign adversaries.
added
Nontraditional defense contractors and commercial entities— Arrangements entered into to carry out paragraph (1) shall be in such form as the Secretary of Defense determines appropriate to encourage industry participation of nontraditional defense contractors or commercial entities and may include a contract, a grant, a cooperative agreement, a commercial agreement, the use of other transaction authority under section 2371 of title 10, United States Code, or another such arrangement.
added
Discharge— The Secretary of Defense shall carry out paragraph (1) jointly through the Office of the Under Secretary of Defense for Research and Engineering and the Office of the Under Secretary of Defense for Acquisition and Sustainment, or such other component of the Department of Defense as the Secretary considers appropriate.
added
Other initiatives— The Secretary of Defense shall dedicate initiatives within the Department of Defense to advance radio frequency, mixed signal, radiation tolerant, and radiation hardened microelectronics that support national security and dual-use applications.
added
Reports—
added
Report by Secretary of Defense— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the plans of the Secretary to carry out paragraph (1).
added
Biennial reports by Comptroller General of the United States— Not later than 1 year after the date on which the Secretary submits the report required by subparagraph (A) and not less frequently than once every 2 years thereafter for a period of 10 years, the Comptroller General of the United States shall submit to Congress a report on the activities carried out under this subsection.
added
Defense Production Act of 1950 efforts—
added
In general— Not later than 120 days after the date of the enactment of this Act, the President shall submit to Congress a report on a plan for use by the Department of Defense of authorities available in title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) to establish and enhance a domestic production capability for microelectronics technologies and related technologies, subject to the availability of appropriations for that purpose.
added
Consultation— The President shall develop the plan required by paragraph (1) in coordination with the Secretary of Defense, and in consultation with the Secretary of State, the Secretary of Commerce, and appropriate stakeholders in the private sector.
Sec. 1096 Department of Commerce study on status of microelectronics technologies in the United States industrial base
added
added
In general— Commencing not later than 120 days after the date of the enactment of this Act, the Secretary of Commerce and the Secretary of Homeland Security, in consultation with the Secretary of Defense and the heads of other appropriate Federal departments and agencies, shall undertake a review, which shall include a survey, using authorities in section 705 of the Defense Production Act (50 U.S.C. 4555), to assess the capabilities of the United States industrial base to support the national defense in light of the global nature of the supply chain and significant interdependencies between the United States industrial base and the industrial base of foreign countries with respect to the manufacture, design, and end use of microelectronics.
added
Response to survey— The Secretary shall ensure compliance with the survey from among all relevant potential respondents, including the following:
added
Corporations, partnerships, associations, or any other organized groups domiciled and with substantial operations in the United States.
added
Corporations, partnerships, associations, or any other organized groups domiciled in the United States with operations outside the United States.
added
Foreign domiciled corporations, partnerships, associations, or any other organized groups with substantial operations or business presence in, or substantial revenues derived from, the United States.
added
Foreign domiciled corporations, partnerships, associations, or any other organized groups in defense treaty or assistance countries where the production of the entity concerned involves critical technologies covered by section 2.
added
Information requested— The information sought from a responding entity pursuant to the survey required by subsection (a) shall include, at minimum, information on the following with respect to the manufacture. design, or end use of microelectronics by such entity:
added
An identification of the geographic scope of operations.
added
Information on relevant cost structures.
added
An identification of types of microelectronics development, manufacture, assembly, test, and packaging equipment in operation at such entity.
added
An identification of all relevant intellectual property, raw materials, and semi-finished goods and components sourced domestically and abroad by such entity.
added
Specifications of the microelectronics manufactured or designed by such entity, descriptions of the end-uses of such microelectronics, and a description of any technical support provided to end-users of such microelectronics by such entity.
added
Information on domestic and export market sales by such entity.
added
Information on the financial performance, including income and expenditures, of such entity.
added
A list of all foreign and domestic subsidies, and any other financial incentives, received by such entity in each market in which such entity operates.
added
A list of information requests from the People’s Republic of China to such entity, and a description of the nature of each request and the type of information provided.
added
Information on any joint ventures, technology licensing agreements, and cooperative research or production arrangements of such entity.
added
A description of efforts by such entity to evaluate and control supply chain risks it faces.
added
A list and description of any sales, licensing agreements, or partnerships between such entity and the People’s Liberation Army or People’s Armed Police, including any business relationships with entities through which such sales, licensing agreements, or partnerships may occur.
added
Report—
added
In general— The Secretary of Commerce shall, in consultation with the Secretary of Defense, the Secretary of Homeland Security, and the heads of other appropriate Federal departments and agencies, submit to Congress a report on the results of the review required by subsection (a). The report shall include the following:
added
An assessment of the results of the survey.
added
A list of critical technology areas impacted by potential disruptions in production of microelectronics, and a detailed description and assessment of the impact of such potential disruptions on such areas.
added
A description and assessment of gaps and vulnerabilities in the microelectronics supply chain and the national industrial supply base.
added
Form— The report required by paragraph (1) may be submitted in classified form.
Sec. 1097 Funding for development and adoption of measurably secure microelectronics and measurably secure microelectronics supply chains
added
added
Multilateral Microelectronics Security Fund—
added
Establishment of fund— There is established in the Treasury of the United States a trust fund, to be known as the “Multilateral Microelectronics Security Fund” (in this section referred to as the “Fund”), consisting of such amounts as may be appropriated to such Fund and any amounts that may be credited to the Fund under paragraph (2).
added
Investment of amounts—
added
Investment of amounts— The Secretary of the Treasury shall invest such portion of the Fund as is not required to meet current withdrawals in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States.
added
Interest and proceeds— The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.
added
Use of fund—
added
In general— Subject to subparagraph (B), amounts in the Fund shall be available, as provided in advance in an appropriations Act, to the Secretary of State—
added
to provide funding through the common funding mechanism described in subsection (b)(1) to support the development and adoption of measurably secure microelectronics and measurably secure microelectronics supply chains; and
added
to otherwise carry out this section.
added
Availability contingent on international agreement— Amounts in the Fund shall be available to the Secretary of State on and after the date on which the Secretary enters into an agreement with the governments of countries that are partners of the United States to participate in the common funding mechanism under paragraph (1) of subsection (b) and the commitments described in paragraph (2) of that subsection.
added
Availability of amounts—
added
In general— Amounts in the Fund shall remain available through the end of the tenth fiscal year beginning after the date of the enactment of this Act.
added
Remainder to treasury— Any amounts remaining in the Fund after the end of the fiscal year described in subparagraph (A) shall be deposited in the general fund of the Treasury.
added
Common funding mechanism for development and adoption of measurably secure microelectronics and measurably secure microelectronics supply chains—
added
In general— The Secretary of State, in consultation with the Secretary of Commerce, the Secretary of Defense, the Secretary of Homeland Security, the Secretary of the Treasury, and the Director of National Intelligence, shall seek to establish a common funding mechanism, in coordination with the governments of countries that are partners of the United States, that uses amounts from the Fund, and amounts committed by such governments, to support the development and adoption of secure microelectronics and secure microelectronics supply chains, including for use in research and development collaborations among countries participating in the common funding mechanism.
added
Mutual commitments— The Secretary of State, in consultation with the United States Trade Representative, the Secretary of the Treasury, and the Secretary of Commerce, shall seek to negotiate a set of mutual commitments with the governments of countries that are partners of the United States upon which to condition any expenditure of funds pursuant to the common funding mechanism described in paragraph (1). Such commitments shall, at a minimum—
added
establish transparency requirements for any subsidies or other financial benefits (including revenue foregone) provided to microelectronics firms located in or outside such countries;
added
establish consistent policies with respect to countries that—
added
are not participating in the common funding mechanism; and
added
do not meet transparency requirements established under subparagraph (A);
added
promote harmonized treatment of microelectronics and verification processes for items being exported to a country considered a national security risk by a country participating in the common funding mechanism;
added
establish consistent policies and common external policies to address nonmarket economies as the behavior of such countries pertains to microelectronics;
added
align policies on supply chain integrity and microelectronics security, including with respect to protection and enforcement of intellectual property rights; and
added
promote harmonized foreign direct investment screening measures with respect to microelectronics to align with national and multilateral security priorities.
added
Annual report to congress— Not later than one year after the date of the enactment of this Act, and annually thereafter for each fiscal year during which amounts in the Fund are available under subsection (a)(4), the Secretary of State shall submit to Congress a report on the status of the implementation of this section that includes a description of—
added
any commitments made by the governments of countries that are partners of the United States to providing funding for the common funding mechanism described in subsection (b)(1) and the specific amount so committed;
added
the criteria established for expenditure of funds through the common funding mechanism;
added
how, and to whom, amounts have been expended from the Fund;
added
amounts remaining in the Fund;
added
the progress of the Secretary of State toward entering into an agreement with the governments of countries that are partners of the United States to participate in the common funding mechanism and the commitments described in subsection (b)(2); and
added
any additional authorities needed to enhance the effectiveness of the Fund in achieving the security goals of the United States.
Sec. 1098 Advanced semiconductor research and design
added
added
Appropriate committees of Congress— In this section, the term appropriate committees of Congress means—
added
the Committee on Intelligence, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Energy and Natural Resources, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Homeland Security and Governmental Affairs of the Senate; and
added
the Permanent Select Committee on Intelligence, the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Science, Space, and Technology, the Committee on Financial Services, and the Committee on Homeland Security of the House of Representatives.
added
Sense of Congress— It is the sense of Congress that the leadership of the United States in semiconductor technology and innovation is critical to the economic growth and national security of the United States.
added
Subcommittee on semiconductor leadership—
added
Establishment required— The President shall establish in the National Science and Technology Council a subcommittee on matters relating to leadership of the United States in semiconductor technology and innovation.
added
Duties— The duties of the subcommittee established under paragraph (1) are as follows:
added
National strategy on semiconductor research—
added
Development— In coordination with the Secretary of Defense, the Secretary of Energy, the Secretary of State, the Secretary of Commerce, the Secretary of Homeland Security, the Director of the National Science Foundation, and the Director of the National Institute of Standards and Technology and in consultation with the semiconductor industry and academia, develop a national strategy on semiconductor research, development, manufacturing, and supply chain security, including guidance for the funding of research, and strengthening of the domestic microelectronics workforce.
added
Reporting and updates— Not less frequently than once every 5 years, to update the strategy developed under clause (i) and to submit the revised strategy to the appropriate committees of Congress.
added
Implementation— In coordination with the Secretary of Defense, the Secretary of Energy, the Secretary of State, the Secretary of Commerce, the Secretary of Homeland Security, the Director of the National Science Foundation, and the Director of the National Institute of Standards and Technology, on an annual basis coordinate and recommend each agency’s semiconductor related research and development programs and budgets to ensure consistency with the National Semiconductor Strategy.
added
Fostering coordination of research and development— To foster the coordination of semiconductor research and development.
added
Sunset— The subcommittee established under paragraph (1) shall terminate on the date that is 10 years after the date of enactment of this Act.
added
Industrial Advisory Committee— The President shall establish a standing subcommittee of the President’s Council of Advisors on Science and Technology to advise the United States Government on matters relating to microelectronics policy.
added
National Semiconductor Technology Center—
added
Establishment— The Secretary of Commerce shall establish a national semiconductor technology center to conduct research and prototyping of advanced semiconductor technology to strengthen the economic competitiveness and security of the domestic supply chain, which will be operated as a public private-sector consortium with participation from the private sector, the Department of Defense, the Department of Energy, the Department of Homeland Security, the National Science Foundation, and the National Institute of Standards and Technology
added
Functions— The functions of the center established under paragraph (1) shall be as follows:
added
To conduct advanced semiconductor manufacturing, design research and prototyping that strengthens the entire domestic ecosystem and is aligned with the National Strategy on Semiconductor Research.
added
To establish a National Advanced Packaging Manufacturing Program led by the National Institute of Standards and Technology, in coordination with the Center, to strengthen semiconductor advanced test, assembly, and packaging capability in the domestic ecosystem, and which shall coordinate with the Manufacturing USA institute established under paragraph (4).
added
To establish an investment fund, in partnership with the private sector, to support startups in the domestic semiconductor ecosystem.
added
To establish a Semiconductor Manufacturing Program through the Director of the National Institute of Standards and Technology to enable advances and breakthroughs in measurement science, standards, material characterization, instrumentation, testing, and manufacturing capabilities that will accelerate the underlying research and development for metrology of next generation semiconductors and ensure the competitiveness and leadership of the United States within this sector.
added
To work with the Secretary of Labor, the private sector, educational institutions, and workforce training entities to develop workforce training programs and apprenticeships in advanced microelectronic packaging capabilities.
added
Components— The fund established under paragraph (2)(C) shall cover the following:
added
Advanced metrology and characterization for manufacturing of microchips using 3 nanometer transistor processes or more advanced processes.
added
Metrology for security and supply chain verification.
added
Creation of a Manufacturing USA institute— The fund established under paragraph (2)(C) may also cover the creation of a Manufacturing USA institute described in section 34(d) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(d)) that is focused on semiconductor manufacturing. Such institute may emphasize the following:
added
Research to support the virtualization and automation of maintenance of semiconductor machinery.
added
Development of new advanced test, assembly and packaging capabilities.
added
Developing and deploying educational and skills training curricula needed to support the industry sector and ensure the U.S. can build and maintain a trusted and predictable talent pipeline.
added
Domestic production requirements— The head of any executive agency receiving funding under this section shall develop policies to require domestic production, to the extent possible, for any intellectual property resulting from microelectronics research and development conducted as a result of these funds and domestic control requirements to protect any such intellectual property from foreign adversaries.
Sec. 1099 Prohibition relating to foreign adversaries
addedadded None of the funds appropriated pursuant to an authorization in this subtitle may be provided to an entity—
added
under the foreign ownership, control, or influence of the Government of the People’s Republic of China or the Chinese Communist Party, or other foreign adversary (as defined in section 1091(a)(4)); or
added
determined to have beneficial ownership from foreign individuals subject to the jurisdiction, direction, or influence of foreign adversaries (as so defined).
Sec. 1110B Report by Comptroller General of the United States on diversity and inclusion within the civilian workforce of the Department of Defense
added
added
In general— Not later than 1 year after enactment of this act, the Comptroller General of the United States shall submit to Congress a report on issues related to diversity and inclusion within the civilian workforce of the Department of Defense.
added
Elements— The report required by subsection (a) shall include the following:
added
A description of the demographic composition of the civilian workforce of the Department.
added
An assessment of any differences in promotion outcomes among demographic groups of the civilian workforce of the Department.
added
An assessment of the extent to which the Department has identified barriers to diversity in its civilian workforce.
Sec. 1210 Open Technology Fund
added
added
Short title— This section may be cited as the “Open Technology Fund Authorization Act”.
added
Findings— Congress finds the following:
added
The political, economic, and social benefits of the internet are important to advancing democracy and freedom throughout the world.
added
Authoritarian governments are investing billions of dollars each year to create, maintain, and expand repressive internet censorship and surveillance systems to limit free association, control access to information, and prevent citizens from exercising their rights to free speech.
added
Over 2/3 of the world’s population live in countries in which the internet is restricted. Governments shut down the internet more than 200 times every year.
added
Internet censorship and surveillance technology is rapidly being exported around the world, particularly by the Government of the People’s Republic of China, enabling widespread abuses by authoritarian governments.
added
Sense of Congress— It is the sense of Congress that it is in the interest of the United States—
added
to promote global internet freedom by countering internet censorship and repressive surveillance;
added
to protect the internet as a platform for—
added
the free exchange of ideas;
added
the promotion of human rights and democracy; and
added
the advancement of a free press; and
added
to support efforts that prevent the deliberate misuse of the internet to repress individuals from exercising their rights to free speech and association, including countering the use of such technologies by authoritarian regimes.
added
Establishment of the Open Technology Fund—
added
In general— The United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is amended by inserting after section 309 the following:
added “309A. Open Technology Fund
added “(a) Authority
added “(1) Establishment—There is established a grantee entity, to be known as the “Open Technology Fund”, which shall carry out this section.
added “(2) In general—Grants authorized under section 305 shall be available to award annual grants to the Open Technology fund for the purpose of—
added “(A) promoting, consistent with United States law, unrestricted access to uncensored sources of information via the internet; and
added “(B) enabling journalists, including journalists employed by or affiliated with the Voice of America, Radio Free Europe/Radio Liberty, Radio Free Asia, the Middle East Broadcasting Networks, the Office of Cuba Broadcasting, or any entity funded by or partnering with the United States Agency for Global Media to create and disseminate news and information consistent with the purposes, standards, and principles specified in sections 302 and 303.
added “(b) Use of grant funds—The Open Technology Fund shall use grant funds received pursuant to subsection (a)(2)—
added “(1) to advance freedom of the press and unrestricted access to the internet in repressive environments overseas through technology development, rather than through media messaging;
added “(2) to research, develop, implement, and maintain—
added “(A) technologies that circumvent techniques used by authoritarian governments, nonstate actors, and others to block or censor access to the internet, including circumvention tools that bypass internet blocking, filtering, and other censorship techniques used to limit or block legitimate access to content and information; and
added “(B) secure communication tools and other forms of privacy and security technology that facilitate the creation and distribution of news and enable audiences to access media content on censored websites;
added “(3) to advance internet freedom by supporting private and public sector research, development, implementation, and maintenance of technologies that provide secure and uncensored access to the internet to counter attempts by authoritarian governments, nonstate actors, and others to improperly restrict freedom online;
added “(4) to research and analyze emerging technical threats and develop innovative solutions through collaboration with the private and public sectors to maintain the technological advantage of the United States Government over authoritarian governments, nonstate actors, and others;
added “(5) to develop, acquire, and distribute requisite internet freedom technologies and techniques for the United States Agency for Global Media, in accordance with paragraph (2), and digital security interventions, to fully enable the creation and distribution of digital content between and to all users and regional audiences;
added “(6) to prioritize programs for countries, the governments of which restrict freedom of expression on the internet, that are important to the national interest of the United States in accordance with section 7050(b)(2)(C) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020 (division G of Public Law 116–94); and
added “(7) to carry out any other effort consistent with the purposes of this Act or press freedom overseas if requested or approved by the United States Agency for Global Media.
added “(c) Methodology—In carrying out subsection (b), the Open Technology Fund shall—
added “(1)
added “(A) support fully open-source tools, code, and components, to the extent practicable, to ensure such supported tools and technologies are as secure, transparent, and accessible as possible; and
added “(B) require that any such tools, components, code, or technology supported by the Open Technology Fund remain fully open-source, to the extent practicable;
added “(2) support technologies that undergo comprehensive security audits to ensure that such technologies are secure and have not been compromised in a manner detrimental to the interests of the United States or to individuals or organizations benefitting from programs supported by the Open Technology Fund;
added “(3) review and periodically update, as necessary, security auditing procedures used by the Open Technology Fund to reflect current industry security standards;
added “(4) establish safeguards to mitigate the use of such supported technologies for illicit purposes;
added “(5) solicit project proposals through an open, transparent, and competitive application process to attract innovative applications and reduce barriers to entry;
added “(6)
added “(A) seek input from technical, regional, and subject matter experts from a wide range of relevant disciplines; and
added “(B) to review, provide feedback, and evaluate proposals to ensure that the most competitive projects are funded;
added “(7) implement an independent review process, through which proposals are reviewed by such experts to ensure the highest degree of technical review and due diligence;
added “(8) maximize cooperation with the public and private sectors, foreign allies, and partner countries to maximize efficiencies and eliminate duplication of efforts; and
added “(9) utilize any other methodology approved by the United States Agency for Global Media in furtherance of the mission of the Open Technology Fund.
added “(d) Grant agreement—Any grant agreement with, or grants made to, the Open Technology Fund under this section shall be subject to the following limitations and restrictions:
added “(1) The headquarters of the Open Technology Fund and its senior administrative and managerial staff shall be located in a location which ensures economy, operational effectiveness, and accountability to the United States Agency for Global Media.
added “(2) Grants awarded under this section shall be made pursuant to a grant agreement requiring that—
added “(A) grant funds are only used only activities consistent with this section; and
added “(B) failure to comply with such requirement shall result in termination of the grant without further fiscal obligation to the United States.
added “(3) Each grant agreement under this section shall require that each contract entered into by the Open Technology Fund specify that all obligations are assumed by the grantee and not by the United States Government.
added “(4) Each grant agreement under this section shall require that any lease agreements entered into by the Open Technology Fund shall be, to the maximum extent possible, assignable to the United States Government.
added “(5) Administrative and managerial costs for operation of the Open Technology Fund—
added “(A) should be kept to a minimum; and
added “(B) to the maximum extent feasible, should not exceed the costs that would have been incurred if the Open Technology Fund had been operated as a Federal entity rather than as a grantee.
added “(6) Grant funds may not be used for any activity whose purpose is influencing the passage or defeat of legislation considered by Congress.
added “(e) Relationship to the United States Agency for Global Media
added “(1) In general—The Open Technology Fund shall be subject to the oversight and governance by the United States Agency for Global Media in accordance with section 305.
added “(2) Assistance—The United States Agency for Global Media, its broadcast entities, and the Open Technology Fund should render such assistance to each other as may be necessary to carry out the purposes of this section or any other provision under this Act.
added “(3) Not a Federal agency or instrumentality—Nothing in this section may be construed to make the Open Technology Fund an agency or instrumentality of the Federal Government.
added “(4) Detailees—Employees of a grantee of the United States Agency for Global Media may be detailed to the Agency, in accordance with the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et seq.) and Federal employees may be detailed to a grantee of the United States Agency for Global Media, in accordance with such Act.
added “(f) Relationship to other United States Government-funded internet freedom programs—The United States Agency for Global Media shall ensure that internet freedom research and development projects of the Open Technology Fund are deconflicted with internet freedom programs of the Department of State and other relevant United States Government departments. Agencies should still share information and best practices relating to the implementation of subsections (b) and (c).
added “(g) Reporting requirements
added “(1) Annual report—The Open Technology Fund shall highlight, in its annual report, internet freedom activities, including a comprehensive assessment of the Open Technology Fund’s activities relating to the implementation of subsections (b) and (c), which shall include—
added “(A) an assessment of the current state of global internet freedom, including—
added “(i) trends in censorship and surveillance technologies and internet shutdowns; and
added “(ii) the threats such pose to journalists, citizens, and human rights and civil society organizations; and
added “(B) a description of the technology projects supported by the Open Technology Fund and the associated impact of such projects in the most recently completed year, including—
added “(i) the countries and regions in which such technologies were deployed;
added “(ii) any associated metrics indicating audience usage of such technologies; and
added “(iii) future-year technology project initiatives.
added “(2) Assessment of the effectiveness of the open technology fund—Not later than 2 years after the date of the enactment of this section, the Inspector General of the Department of State and the Foreign Service shall submit a report to the appropriate congressional committees that indicates—
added “(A) whether the Open Technology Fund is—
added “(i) technically sound;
added “(ii) cost effective; and
added “(iii) satisfying the requirements under this section; and
added “(B) the extent to which the interests of the United States are being served by maintaining the work of the Open Technology Fund.
added “(h) Audit authorities
added “(1) In general—Financial transactions of the Open Technology Fund that relate to functions carried out under this section may be audited by the Government Accountability Office in accordance with such principles and procedures and under such rules and regulations as may be prescribed by the Comptroller General of the United States. Any such audit shall be conducted at the place or places at which accounts of the Open Technology Fund are normally kept.
added “(2) Access by gao—The Government Accountability Office shall have access to all books, accounts, records, reports, files, papers, and property belonging to or in use by the Open Technology Fund pertaining to financial transactions as may be necessary to facilitate an audit. The Government Accountability Office shall be afforded full facilities for verifying transactions with any assets held by depositories, fiscal agents, and custodians. All such books, accounts, records, reports, files, papers, and property of the Open Technology Fund shall remain in the possession and custody of the Open Technology Fund.
added “(3) Exercise of authorities—Notwithstanding any other provision of law, the Inspector General of the Department of State and the Foreign Service is authorized to exercise the authorities of the Inspector General Act of 1978 with respect to the Open Technology Fund.”
added
Conforming amendments— The United States International Broadcasting Act of 1994 is amended—
added
in section 304(d) (22 U.S.C. 6203(d)), by inserting “the Open Technology Fund,” before “the Middle East Broadcasting Networks”;
added
in sections 305(a)(20) and 310(c) (22 U.S.C. 6204(a)(20) and 6209(c)), by inserting “the Open Technology Fund,” before “or the Middle East Broadcasting Networks” each place such term appears; and
added
in section 310 (22 U.S.C. 6209), by inserting “the Open Technology Fund,” before “and the Middle East Broadcasting Networks” each place such term appears.
added
Authorization of appropriations— There is authorized to be appropriated for the Open Technology Fund, which shall be used to carry out section 309A of the United States International Broadcasting Act of 1994, as added by paragraph (1)—
added
$20,000,000 for fiscal year 2021; and
added
$25,000,000 for fiscal year 2022.
added
United States Advisory Commission on Public Diplomacy— Section 1334 of the Foreign Affairs Reform and Restructuring Act of 1998 (22 U.S.C. 6553) is amended by striking “October 1, 2020” and inserting “October 1, 2025”.
Sec. 1242 Sense of Congress on support for coordinated action to ensure the security of Baltic allies
addedadded It is the sense of Congress that—
added
the continued security of the Baltic states of Estonia, Latvia, and Lithuania is critical to achieving United States national security interests and defense objectives against the acute and formidable threat posed by Russia;
added
the United States and the Baltic states are leaders in the mission of defending independence and democracy from aggression and in promoting stability and security within the North Atlantic Treaty Organization (NATO), with non-NATO partners, and with other international organizations such as the European Union;
added
the Baltic states are model NATO allies in terms of burden sharing and capital investment in materiel critical to United States and allied security, investment of over 2 percent of their gross domestic product on defense expenditure, allocating over 20 percent of their defense budgets on capital modernization, matching security assistance from the United States, frequently deploying their forces around the world in support of allied and United States objectives, and sharing diplomatic, technical, military, and analytical expertise on defense and security matters;
added
the United States should continue to strengthen bilateral and multilateral defense by, with, and through allied nations, particularly those that possess expertise and dexterity but do not enjoy the benefits of national economies of scale;
added
the United States should pursue a dedicated initiative focused on defense and security assistance, coordination, and planning designed to ensure the continued security of the Baltic states and on deterring current and future challenges to the national sovereignty of United States allies and partners in the Baltic region; and
added
such an initiative should include an innovative and comprehensive conflict deterrence strategy for the Baltic region encompassing the unique geography of the Baltic states, modern and diffuse threats to their land, sea, and air spaces, and necessary improvements to their defense posture, including command-and-control infrastructure, intelligence, surveillance, and reconnaissance capabilities, communications equipment and networks, and special forces.
Sec. 1259 Sense of Congress on port calls in Taiwan with the USNS Comfort and the USNS Mercy
changed
It is the sense of Congress that the Department of Defense should conduct port calls in Taiwan with the USNS Comfort and the USNS Mercy—Mercy —
to continue the collaboration between the United States and Taiwan on COVID–19 responses, which has included—
research and development of tests, vaccines, and medicines; and
donations of face masks;
to further improve the cooperation between the United States and Taiwan on military medicine and humanitarian assistance and disaster relief;
to allow United States personnel to benefit from the expertise of Taiwanese personnel, in light of the successful response of Taiwan to COVID–19; and
to continue the mission of the USNS Comfort and the USNS Mercy, which have demonstrated the value of the Department capacity to deploy maritime medical capabilities worldwide and provide contingency capacity in the United States during significant crises.
Sec. 1262 Statement of policy on cooperation in the Indo-Pacific region
addedadded It is the policy of the United States—
added
to strengthen alliances and partnerships in the Indo-Pacific region and Europe and with like-minded countries around the globe to effectively compete with the People’s Republic of China; and
added
to work in collaboration with such allies and partners—
added
to address significant diplomatic, economic, and military challenges posed by the People’s Republic of China;
added
to deter the People’s Republic of China from pursuing military aggression;
added
to promote the peaceful resolution of territorial disputes in accordance with international law;
added
to promote private sector-led long-term economic development while countering efforts by the Government of the People’s Republic of China to leverage predatory economic practices as a means of political and economic coercion in the Indo-Pacific region and beyond;
added
to promote the values of democracy and human rights, including through efforts to end the repression by the Chinese Communist Party of political dissidents and Uyghurs and other ethnic Muslim minorities, Tibetan Buddhists, Christians, and other minorities;
added
to respond to the crackdown by the Chinese Communist Party, in contravention of the commitments made under the Sino-British Joint Declaration of 1984 and the Basic Law of Hong Kong, on the legitimate aspirations of the people of Hong Kong; and
added
to counter the Chinese Communist Party's efforts to spread disinformation in the People’s Republic of China and beyond with respect to the response of the Chinese Communist Party to COVID–19.
Sec. 1263 Extension of prohibition on commercial export of certain munitions to the Hong Kong Police Force
addedadded Section 3 of the Act entitled “An Act to prohibit the commercial export of covered munitions items to the Hong Kong Police Force”, approved November 27, 2019 (Public Law 116–77; 133 Stat. 1174), is amended by striking “one year after the date of the enactment of this Act” and inserting “on November 27, 2021”.
Sec. 1264 Implementation of the Asia Reassurance Initiative Act with regard to Taiwan arms sales
added
added
Findings— Congress makes the following findings:
added
The Department of Defense Indo-Pacific Strategy Report, released on June 1, 2019, states: “[T]he Asia Reassurance Initiative Act, a major bipartisan legislation, was signed into law by President Trump on December 31, 2018. This legislation enshrines a generational whole-of-government policy framework that demonstrates U.S. commitment to a free and open Indo-Pacific region and includes initiatives that promote sovereignty, rule of law, democracy, economic engagement, and regional security.”.
added
The Indo-Pacific Strategy Report further states: “The United States has a vital interest in upholding the rules-based international order, which includes a strong, prosperous, and democratic Taiwan…The Department [of Defense] is committed to providing Taiwan with defense articles and services in such quantity as may be necessary to enable Taiwan to maintain a sufficient self-defense capability.”.
added
Section 209(b) of the Asia Reassurance Initiative Act of 2018 (22 U.S.C. 3301 note), signed into law on December 31, 2018—
added
builds on longstanding commitments enshrined in the Taiwan Relations Act (22 U.S.C. 3301 et seq.) to provide Taiwan with defense articles; and
added
states: “The President should conduct regular transfers of defense articles to Taiwan that are tailored to meet the existing and likely future threats from the People’s Republic of China, including supporting the efforts of Taiwan to develop and integrate asymmetric capabilities, as appropriate, including mobile, survivable, and cost-effective capabilities, into its military forces.”.
added
Sense of Congress— It is the sense of Congress that—
added
the Asia Reassurance Initiative Act of 2018 (Public Law 115–409; 132 Stat. 5387) has recommitted the United States to support the close, economic, political, and security relationship between the United States and Taiwan; and
added
the United States should fully implement the provisions of that Act with regard to regular defensive arms sales to Taiwan.
added
Briefing— Not later than 30 days after the date of the enactment of this Act, the Secretary of State and the Secretary of Defense, or their designees, shall brief the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the efforts to implement section 209(b) of the Asia Reassurance Initiative Act of 2018 (22 U.S.C. 3301 note).
Sec. 1274 Allied burden sharing report
added
added
Finding; sense of Congress—
added
Finding— Congress finds that section 1003 of the Department of Defense Authorization Act, 1985 (Public Law 98–525; 63 Stat. 2241)—
added
expresses the sense of Congress that, due to threats that are ever-changing, Congress must be informed with respect to allied contributions to the common defense to properly assess the readiness of the United States and the countries described in subsection (b)(2) for threats; and
added
requires the Secretary of Defense to submit to Congress an annual report on the contributions of allies to the common defense.
added
Sense of Congress— It is the sense of Congress that—
added
the threats facing the United States—
added
extend beyond the global war on terror; and
added
include near-peer threats; and
added
the President should seek from each country described in subsection (b)(2) acceptance of international security responsibilities and agreements to make contributions to the common defense in accordance with the collective defense agreements or treaties to which such country is a party.
added
Reports on allied contributions to the common defense—
added
In general— Not later than March 1 each year, the Secretary of Defense, in coordination with the heads of other Federal agencies, as the Secretary determines to be necessary, shall submit to the appropriate committees of Congress a report containing a description of—
added
the annual defense spending by each country described in paragraph (2), including available data on nominal budget figures and defense spending as a percentage of the gross domestic products of each such country for the fiscal year immediately preceding the fiscal year in which the report is submitted;
added
the activities of each such country to contribute to military or stability operations in which the Armed Forces of the United States are a participant or may be called upon in accordance with a cooperative defense agreement to which the United States is a party;
added
any limitations placed by any such country on the use of such contributions; and
added
any actions undertaken by the United States or by other countries to minimize such limitations.
added
Countries described— The countries described in this paragraph are the following:
added
Each member state of the North Atlantic Treaty Organization.
added
Each member state of the Gulf Cooperation Council.
added
Each country party to the Inter-American Treaty of Reciprocal Assistance (Rio Treaty), done at Rio de Janeiro September 2, 1947, and entered into force December 3, 1948 (TIAS 1838).
added
Australia.
added
Japan.
added
New Zealand.
added
The Philippines.
added
South Korea.
added
Thailand.
added
Form— Each report under paragraph (1) shall be submitted in unclassified form, but may contain a classified annex.
added
Availability— A report submitted under paragraph (1) shall be made available on request to any Member of Congress.
added
Appropriate committees of Congress defined— In this section, the term appropriate committees of Congress means—
added
the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
added
the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
Sec. 1287 Improved coordination of United States sanctions policy
added
added
Office of Sanctions Coordination of the Department of State—
added
In general— Section 1 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a) is amended—
added
by redesignating subsection (g) as subsection (h); and
added
by inserting after subsection (f) the following:
added “(g) Office of Sanctions Coordination
added “(1) In general—There is established, within the Department of State, an Office of Sanctions Coordination (in this subsection referred to as the “Office”).
added “(2) Head—The head of the Office shall—
added “(A) have the rank and status of ambassador;
added “(B) be appointed by the President, by and with the advice and consent of the Senate; and
added “(C) report directly to the Secretary.
added “(3) Duties—The head of the Office shall—
added “(A) exercise sanctions authorities delegated to the Secretary;
added “(B) serve as the principal advisor to the senior management of the Department and the Secretary regarding the development and implementation of sanctions policy;
added “(C) serve as the lead representative of the United States in diplomatic engagement on sanctions matters;
added “(D) consult and closely coordinate with allies and partners of the United States, including the United Kingdom, the European Union and member countries of the European Union, Canada, Australia, New Zealand, Japan, and South Korea, to ensure the maximum effectiveness of sanctions imposed by the United States and such allies and partners;
added “(E) serve as the coordinator for the development and implementation of sanctions policy with respect to all activities, policies, and programs of all bureaus and offices of the Department relating to the development and implementation of sanctions policy; and
added “(F) serve as the lead representative of the Department in interagency discussions with respect to the development and implementation of sanctions policy.
added “(4) Direct hire authority—The head of the Office may appoint, without regard to the provisions of sections 3309 through 3318 of title 5, United States Code, candidates directly to positions in the competitive service, as defined in section 2102 of that title, in the Office.”
added
Briefing required— Not later than 60 days after the date of the enactment of this Act, and every 90 days thereafter until the date that is 2 years after such date of enactment, the Secretary of State shall brief the appropriate congressional committees on the efforts of the Department of State to establish the Office of Sanctions Coordination pursuant to section 1(g) of the State Department Basic Authorities Act of 1956, as amended by paragraph (1), including a description of—
added
measures taken to implement the requirements of that section and to establish the Office;
added
actions taken by the Office to carry out the duties listed in paragraph (3) of that section;
added
the resources devoted to the Office, including the number of employees working in the Office; and
added
plans for the use of the direct hire authority provided under paragraph (4) of that section.
added
Coordination with allies and partners of the United States—
added
In general— The Secretary of State shall develop and implement mechanisms and programs, as appropriate, through the head of the Office of Sanctions Coordination established pursuant to section 1(g) of the State Department Basic Authorities Act of 1956, as amended by subsection (a)(1), to coordinate the development and implementation of United States sanctions policies with allies and partners of the United States, including the United Kingdom, the European Union and member countries of the European Union, Canada, Australia, New Zealand, Japan, and South Korea.
added
Information sharing— The Secretary should pursue the development and implementation of mechanisms and programs under paragraph (1), as appropriate, that involve the sharing of information with respect to policy development and sanctions implementation.
added
Capacity building— The Secretary should pursue efforts, in coordination with the Secretary of the Treasury and the head of any other agency the Secretary considers appropriate, to assist allies and partners of the United States, including the countries specified in paragraph (1), as appropriate, in the development of their legal and technical capacities to develop and implement sanctions authorities.
added
Exchange programs— In furtherance of the efforts described in paragraph (3), the Secretary, in coordination with the Secretary of the Treasury and the head of any other agency the Secretary considers appropriate, may enter into agreements with counterpart agencies in foreign governments establishing exchange programs for the temporary detail of government employees to share information and expertise with respect to the development and implementation of sanctions authorities.
added
Briefing required— Not later than 90 days after the date of the enactment of this Act, and every 180 days thereafter until the date that is 5 years after such date of enactment, the Secretary of State shall brief the appropriate congressional committees on the efforts of the Department of State to implement this section, including a description of—
added
measures taken to implement paragraph (1);
added
actions taken pursuant to paragraphs (2) through (4);
added
the extent of coordination between the United States and allies and partners of the United States, including the countries specified in paragraph (1), with respect to the development and implementation of sanctions policy; and
added
obstacles preventing closer coordination between the United States and such allies and partners with respect to the development and implementation of sanctions policy.
added
Sense of Congress— It is the sense of the Congress that the President should appoint a coordinator for sanctions and national economic security issues within the framework of the National Security Council.
added
Appropriate congressional committees defined— In this section, the term appropriate congressional committees means—
added
the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Finance of the Senate; and
added
the Committee on Foreign Affairs, the Committee on Financial Services, and the Committee on Way and Means of the House of Representatives.
Sec. 1291 Short title
addedadded This subtitle may be cited as the “Robert Levinson Hostage Recovery and Hostage-Taking Accountability Act”.
Sec. 1292 Assistance for United States nationals unlawfully or wrongfully detained abroad
added
added
Review— The Secretary of State shall review the cases of United States nationals detained abroad to determine if there is credible information that they are being detained unlawfully or wrongfully, based on criteria which may include whether—
added
United States officials receive or possess credible information indicating innocence of the detained individual;
added
the individual is being detained solely or substantially because he or she is a United States national;
added
the individual is being detained solely or substantially to influence United States Government policy or to secure economic or political concessions from the United States Government;
added
the detention appears to be because the individual sought to obtain, exercise, defend, or promote freedom of the press, freedom of religion, or the right to peacefully assemble;
added
the individual is being detained in violation of the laws of the detaining country;
added
independent nongovernmental organizations or journalists have raised legitimate questions about the innocence of the detained individual;
added
the United States mission in the country where the individual is being detained has received credible reports that the detention is a pretext for an illegitimate purpose;
added
the individual is detained in a country where the Department of State has determined in its annual human rights reports that the judicial system is not independent or impartial, is susceptible to corruption, or is incapable of rendering just verdicts;
added
the individual is being detained in inhumane conditions;
added
due process of law has been sufficiently impaired so as to render the detention arbitrary; and
added
United States diplomatic engagement is likely necessary to secure the release of the detained individual.
added
Referrals to the special envoy— Upon a determination by the Secretary of State, based on the totality of the circumstances, that there is credible information that the detention of a United States national abroad is unlawful or wrongful, and regardless of whether the detention is by a foreign government or a nongovernmental actor, the Secretary shall transfer responsibility for such case from the Bureau of Consular Affairs of the Department of State to the Special Envoy for Hostage Affairs created pursuant to section 1293.
added
Report—
added
Annual report—
added
In general— The Secretary of State shall submit to the appropriate congressional committees an annual report with respect to United States nationals for whom the Secretary determines there is credible information of unlawful or wrongful detention abroad.
added
Form— The report required under this paragraph shall be submitted in unclassified form, but may include a classified annex if necessary.
added
Composition— The report required under paragraph (1) shall include current estimates of the number of individuals so detained, as well as relevant information about particular cases, such as—
added
the name of the individual, unless the provision of such information is inconsistent with section 552a of title 5, United States Code (commonly known as the “Privacy Act of 1974”);
added
basic facts about the case;
added
a summary of the information that such individual may be detained unlawfully or wrongfully;
added
a description of specific efforts, legal and diplomatic, taken on behalf of the individual since the last reporting period, including a description of accomplishments and setbacks; and
added
a description of intended next steps.
added
Resource guidance—
added
Establishment— Not later than 180 days after the date of the enactment of this Act and after consulting with relevant organizations that advocate on behalf of United States nationals detained abroad and the Family Engagement Coordinator established pursuant to section 1294(c)(2), the Secretary of State shall provide resource guidance in writing for government officials and families of unjustly or wrongfully detained individuals.
added
Content— The resource guidance required under paragraph (1) should include—
added
information to help families understand United States policy concerning the release of United States nationals unlawfully or wrongfully held abroad;
added
contact information for officials in the Department of State or other government agencies suited to answer family questions;
added
relevant information about options available to help families obtain the release of unjustly or wrongfully detained individuals, such as guidance on how families may engage with United States diplomatic and consular channels to ensure prompt and regular access for the detained individual to legal counsel, family members, humane treatment, and other services;
added
guidance on submitting public or private letters from members of Congress or other individuals who may be influential in securing the release of an individual; and
added
appropriate points of contacts, such as legal resources and counseling services, who have a record of assisting victims’ families.
Sec. 1293 Special Envoy for Hostage Affairs
added
added
Establishment— There shall be a Special Presidential Envoy for Hostage Affairs, appointed by the President, who shall report to the Secretary of State.
added
Rank— The Special Envoy shall have the rank and status of ambassador.
added
Responsibilities— The Special Presidential Envoy for Hostage Affairs shall—
added
lead diplomatic engagement on United States hostage policy;
added
coordinate all diplomatic engagements and strategy in support of hostage recovery efforts, in coordination with the Hostage Recovery Fusion Cell and consistent with policy guidance communicated through the Hostage Response Group;
added
in coordination with the Hostage Recovery Fusion Cell as appropriate, coordinate diplomatic engagements regarding cases in which a foreign government has detained a United States national and the United States Government regards such detention as unlawful or wrongful;
added
provide senior representation from the Special Envoy’s office to the Hostage Recovery Fusion Cell established under section 1294 and the Hostage Response Group established under section 1295; and
added
ensure that families of United States nationals unlawfully or wrongly detained abroad receive updated information about developments in cases and government policy.
Sec. 1294 Hostage Recovery Fusion Cell
added
added
Establishment— The President shall establish an interagency Hostage Recovery Fusion Cell.
added
Participation— The President shall direct the heads of each of the following executive departments, agencies, and offices to make available personnel to participate in the Hostage Recovery Fusion Cell:
added
The Department of State.
added
The Department of the Treasury.
added
The Department of Defense.
added
The Department of Justice.
added
The Office of the Director of National Intelligence.
added
The Federal Bureau of Investigation.
added
The Central Intelligence Agency.
added
Other agencies as the President, from time to time, may designate.
added
Personnel— The Hostage Recovery Fusion Cell shall include—
added
a Director, who shall be a full-time senior officer or employee of the United States Government;
added
a Family Engagement Coordinator who shall—
added
work to ensure that all interactions by executive branch officials with a hostage’s family occur in a coordinated fashion and that the family receives consistent and accurate information from the United States Government; and
added
if directed, perform the same function as set out in subparagraph (A) with regard to the family of a United States national who is unlawfully or wrongfully detained abroad; and
added
other officers and employees as deemed appropriate by the President.
added
Duties— The Hostage Recovery Fusion Cell shall—
added
coordinate efforts by participating agencies to ensure that all relevant information, expertise, and resources are brought to bear to secure the safe recovery of United States nationals held hostage abroad;
added
if directed, coordinate the United States Government's response to other hostage-takings occurring abroad in which the United States has a national interest;
added
if directed, coordinate or assist the United States Government’s response to help secure the release of United States nationals unlawfully or wrongfully detained abroad; and
added
pursuant to policy guidance coordinated through the National Security Council—
added
identify and recommend hostage recovery options and strategies to the President through the National Security Council or the Deputies Committee of the National Security Council;
added
coordinate efforts by participating agencies to ensure that information regarding hostage events, including potential recovery options and engagements with families and external actors (including foreign governments), is appropriately shared within the United States Government to facilitate a coordinated response to a hostage-taking;
added
assess and track all hostage-takings of United States nationals abroad and provide regular reports to the President and Congress on the status of such cases and any measures being taken toward the hostages' safe recovery;
added
provide a forum for intelligence sharing and, with the support of the Director of National Intelligence, coordinate the declassification of relevant information;
added
coordinate efforts by participating agencies to provide appropriate support and assistance to hostages and their families in a coordinated and consistent manner and to provide families with timely information regarding significant events in their cases;
added
make recommendations to agencies in order to reduce the likelihood of United States nationals’ being taken hostage abroad and enhance United States Government preparation to maximize the probability of a favorable outcome following a hostage-taking; and
added
coordinate with agencies regarding congressional, media, and other public inquiries pertaining to hostage events.
added
Administration— The Hostage Recovery Fusion Cell shall be located within the Federal Bureau of Investigation for administrative purposes.
Sec. 1295 Hostage Response Group
added
added
Establishment— The President shall establish a Hostage Response Group, chaired by a designated member of the National Security Council or the Deputies Committee of the National Security Council, to be convened on a regular basis, to further the safe recovery of United States nationals held hostage abroad or unlawfully or wrongfully detained abroad, and to be tasked with coordinating the United States Government response to other hostage-takings occurring abroad in which the United States has a national interest.
added
Membership— The regular members of the Hostage Response Group shall include the Director of the Hostage Recovery Fusion Cell, the Hostage Recovery Fusion Cell's Family Engagement Coordinator, the Special Envoy appointed pursuant to section 1293, and representatives from the Department of the Treasury, the Department of Defense, the Department of Justice, the Federal Bureau of Investigation, the Office of the Director of National Intelligence, the Central Intelligence Agency, and other agencies as the President, from time to time, may designate.
added
Duties— The Hostage Recovery Group shall—
added
identify and recommend hostage recovery options and strategies to the President through the National Security Council;
added
coordinate the development and implementation of United States hostage recovery policies, strategies, and procedures;
added
receive regular updates from the Hostage Recovery Fusion Cell and the Special Envoy for Hostage Affairs on the status of United States nationals being held hostage or unlawfully or wrongfully detained abroad and measures being taken to effect safe recoveries;
added
coordinate the provision of policy guidance to the Hostage Recovery Fusion Cell, including reviewing recovery options proposed by the Hostage Recovery Fusion Cell and working to resolve disputes within the Hostage Recovery Fusion Cell;
added
as appropriate, direct the use of resources at the Hostage Recovery Fusion Cell to coordinate or assist in the safe recovery of United States nationals unlawfully or wrongfully detained abroad; and
added
as appropriate, direct the use of resources at the Hostage Recovery Fusion Cell to coordinate the United States Government response to other hostage-takings occurring abroad in which the United States has a national interest.
added
Meetings— The Hostage Response Group shall meet regularly.
added
Reporting— The Hostage Response Group shall regularly provide recommendations on hostage recovery options and strategies to the National Security Council.
Sec. 1296 Authorization of imposition of sanctions
added
added
In general— The President may impose the sanctions described in subsection (b) with respect to any foreign person the President determines, based on credible evidence—
added
is responsible for or is complicit in, or responsible for ordering, controlling, or otherwise directing, the hostage-taking of a United States national abroad or the unlawful or wrongful detention of a United States national abroad; or
added
knowingly provides financial, material, or technological support for, or goods or services in support of, an activity described in paragraph (1).
added
Sanctions described— The sanctions described in this subsection are the following:
added
Ineligibility for visas, admission, or parole—
added
Visas, admission, or parole— An alien described in subsection (a) may be—
added
inadmissible to the United States;
added
ineligible to receive a visa or other documentation to enter the United States; and
added
otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
added
Current visas revoked—
added
In general— An alien described in subsection (a) may be subject to revocation of any visa or other entry documentation regardless of when the visa or other entry documentation is or was issued.
added
Immediate effect— A revocation under clause (i) may—
added
take effect immediately; and
added
cancel any other valid visa or entry documentation that is in the alien’s possession.
added
Blocking of property—
added
In general— The President may exercise all of the powers granted to the President under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person described in subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person.
added
Inapplicability of national emergency requirement— The requirements of section 202 of the International Emergency Economic Powers Act (50 U.S.C. 1701) shall not apply for purposes of this section.
added
Exceptions—
added
Exception for intelligence activities— Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence activities of the United States.
added
Exception to comply with international obligations and for law enforcement activities— Sanctions under subsection (b)(1) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary—
added
to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or
added
to carry out or assist law enforcement activity in the United States.
added
Penalties— A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (b)(2) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
added
Termination of sanctions— The President may terminate the application of sanctions under this section with respect to a person if the President determines that—
added
information exists that the person did not engage in the activity for which sanctions were imposed;
added
the person has been prosecuted appropriately for the activity for which sanctions were imposed;
added
the person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activity for which sanctions were imposed, and has credibly committed to not engage in an activity described in subsection (a) in the future; or
added
the termination of the sanctions is in the national security interests of the United States.
added
Reporting requirement— If the President terminates sanctions pursuant to subsection (d), the President shall report to the appropriate congressional committees a written justification for such termination within 15 days.
added
Implementation of regulatory authority— The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section.
added
Exception relating to importation of goods—
added
In general— The authorities and requirements to impose sanctions authorized under this subtitle shall not include the authority or a requirement to impose sanctions on the importation of goods.
added
Good defined— In this paragraph, the term good means any article, natural or manmade substance, material, supply or manufactured product, including inspection and test equipment, and excluding technical data.
added
Definitions— In this section:
added
Foreign person— The term foreign person means—
added
any citizen or national of a foreign country (including any such individual who is also a citizen or national of the United States); or
added
any entity not organized solely under the laws of the United States or existing solely in the United States.
added
United States person— The term United States person means—
added
an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States;
added
an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or
added
any person in the United States.
Sec. 1297 Definitions
addedadded In this subtitle:
added
Appropriate congressional committees— The term appropriate congressional committees means—
added
the Committee on Foreign Relations, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, the Committee on the Judiciary, the Committee on Armed Services, and the Select Committee on Intelligence of the United States Senate; and
added
the Committee on Foreign Affairs, the Committee on Appropriations, the Committee on Financial Services, the Committee on the Judiciary, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.
added
United States national— The term United States national means—
added
a United States national as defined in section 101(a)(22) or section 308 of the Immigration and Nationality Act (8 U.S.C. 1101(a)(22), 8 U.S.C. 1408); and
added
a lawful permanent resident alien with significant ties to the United States.
Sec. 1298 Rule of construction
addedadded Nothing in this subtitle shall be construed to authorize a private right of action.
Sec. 1602 Development efforts for National Security Space Launch providers
added
In general— The Secretary of the Air Force shall establish a program to develop technologies and systems to enhance phase three National Security Space Launch requirements and enable further advances in launch capability associated with the insertion of national security payloads into relevant classes of orbits.
removed
In carrying out phase two of the acquisition strategy for the National Security Space Launch program, the Secretary of the Air Force shall ensure—
changed
Duration— that launch services are procured only from launch service providers that use launch vehicles meeting Federal requirements with respect to required payloads The duration of a project to reference orbits; anddevelop technologies and systems selected under the program shall be not more than three years.
changed
Program expense ceiling— the viability of The total amount expended under the domestic space launch industrial base while providing for cost-effective and reliable launch services.program shall not exceed $250,000,000.
added
Sunset— The program established under this section shall terminate on October 1, 2027.
Sec. 1603 Timeline for nonrecurring design validation for responsive space launch
added Not later than 540 days after the date on which the Secretary of the Air Force selects two National Security Space Launch providers in accordance with the phase two acquisition strategy for the National Security Space Launch program, the Secretary of Defense shall complete the nonrecurring design validation of previously flown launch hardware for National Security Space Launch providers that offer such hardware for use in the phase two acquisition strategy or other national security space missions.
removed
In general— The Secretary of the Air Force shall establish a program to develop technologies and systems to enhance phase three National Security Space Launch requirements and enable further advances in launch capability associated with the insertion of national security payloads into relevant classes of orbits.
removed
Duration— The duration of a project to develop technologies and systems selected under the program shall be not more than three years.
removed
Program expense ceiling— The total amount expended under the program shall not exceed $250,000,000.
removed
Sunset— The program established under this section shall terminate on October 1, 2027.
Sec. 1604 Tactically responsive space launch operations
changed
Not later than 540 days after the date on which the The Secretary of the Air Force selects two National Security Space Launch providers in accordance with the phase two acquisition strategy for the National Security Space Launch program, the Secretary of Defense shall complete the nonrecurring design validation of previously flown launch hardware for National Security Space Launch providers that offer such hardware for use in the phase two acquisition strategy or other national security implement a tactically responsive space missions.launch program—
added
to provide long-term continuity for tactically responsive space launch operations across the future-years defense program submitted to Congress under section 221 of title 10, United States Code;
added
to accelerate the development of—
added
responsive launch concepts of operations;
added
tactics;
added
training; and
added
procedures;
added
to develop appropriate processes for tactically responsive space launch, including—
added
mission assurance processes; and
added
command and control, tracking, telemetry, and communications; and
added
to identify basing capabilities necessary to enable tactically responsive space launch, including mobile launch range infrastructure.
Sec. 1605 Conforming amendments relating to reestablishment of Space Command
added
Certifications regarding integrated tactical warning and attack assessment mission of the Air Force— Section 1666(a) of National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 113 Stat. 2617) is amended by striking “Strategic Command” and inserting “Space Command”.
removed
The Secretary of the Air Force shall implement a tactically responsive space launch program—
changed
Council on oversight of the Department of Defense positioning, navigation, and timing enterprise— to provide long-term continuity for tactically responsive space launch operations across the future-years defense program submitted to Congress under section 221 Section 2279b of title 10, United States Code;Code, is amended—
added
in subsection (b)—
added
by redesignating paragraphs (7), (8), (9), and (10) as paragraphs (8), (9), (10), and (11), respectively; and
added
by inserting after paragraph (6) the following new paragraph (7):
added “(7) The Commander of the United States Space Command.”
added
in subsection (f), by striking “Strategic Command” each place it appears and inserting “Space Command”.
changed
Joint interagency combined space operations center— to accelerate Section 605(e) of the development of—Intelligence Authorization Act for Fiscal Year 2017 (Public Law 115–31; 131 Stat. 832) is amended—
removed
responsive launch concepts of operations;
changed
tactics;in the subsection heading, by striking “Joint Interagency Combined Space Operations Center” and inserting “National Space Defense Center”; and
changed
training; by striking “Strategic Command” each place it appears and inserting “Space Command”; and
changed
procedures;by striking “Joint Interagency Combined Space Operations Center” each place it appears and inserting “National Space Defense Center”.
changed
National security space satellite reporting policy— to develop appropriate processes for tactically responsive space launch, including—Section 2278(a) of title 10, United States Code, is amended by striking “Strategic Command” and inserting “Space Command”.
removed
mission assurance processes; and
removed
command and control, tracking, telemetry, and communications; and
changed
Space-based infrared system and advanced extremely high frequency program— to identify basing capabilities necessary to enable tactically responsive space launch, including mobile launch range infrastructure.Section 1612(a)(1) of the National Defense Authorization Act for 2017 (Public Law 114–328; 130 Stat. 2590) is amended by striking “Strategic Command” and inserting “Space Command”.
Sec. 1606 Space Development Agency development requirements and transfer to Space Force
changed
Certifications regarding integrated tactical warning and attack assessment mission of the Air Force—Development— Section 1666(a) The Director of National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 113 Stat. 2617) is amended by striking “Strategic Command” and inserting “Space Command”.the Space Development Agency shall lead—
added
the development and demonstration of a resilient military space-based sensing, tracking, and data transport architecture that primarily uses a proliferated low-Earth orbit; and
added
the integration of next-generation space capabilities, and sensor and tracking components (including a hypersonic and ballistic missile-tracking space sensor payload), into such architecture to address the requirements and needs of the Armed Forces and combatant commands for such capabilities.
changed
Council on oversight of the Department of Defense positioning, navigation, and timing enterprise—Organization— Section 2279b On October 1, 2022, or earlier if directed by the Secretary of title 10, Defense, the Space Development Agency shall be transferred from the Office of the Secretary of Defense to the United States Code, is amended—Space Force and shall maintain the same organizational reporting requirements and acquisition authorities as the Space Rapid Capability Office.
removed
in subsection (b)—
removed
by redesignating paragraphs (7), (8), (9), and (10) as paragraphs (8), (9), (10), and (11), respectively; and
removed
by inserting after paragraph (6) the following new paragraph (7):
removed
“(7) The Commander of the United States Space Command.”
removed
in subsection (f), by striking “Strategic Command” each place it appears and inserting “Space Command”.
removed
Joint interagency combined space operations center— Section 605(e) of the Intelligence Authorization Act for Fiscal Year 2017 (Public Law 115–31; 131 Stat. 832) is amended—
removed
in the subsection heading, by striking “Joint Interagency Combined Space Operations Center” and inserting “National Space Defense Center”; and
removed
by striking “Strategic Command” each place it appears and inserting “Space Command”; and
removed
by striking “Joint Interagency Combined Space Operations Center” each place it appears and inserting “National Space Defense Center”.
removed
National security space satellite reporting policy— Section 2278(a) of title 10, United States Code, is amended by striking “Strategic Command” and inserting “Space Command”.
removed
Space-based infrared system and advanced extremely high frequency program— Section 1612(a)(1) of the National Defense Authorization Act for 2017 (Public Law 114–328; 130 Stat. 2590) is amended by striking “Strategic Command” and inserting “Space Command”.
Sec. 1607 Space launch rate assessment
added Not later than 90 days after the date of the enactment of this Act, and biennially thereafter for the following five-year period, the Secretary of the Air Force shall submit to the congressional defense committees an assessment that includes—
removed
Development— The Director of the Space Development Agency shall lead—
removed
the development and demonstration of a resilient military space-based sensing, tracking, and data transport architecture that primarily uses a proliferated low-Earth orbit; and
removed
the integration of next-generation space capabilities, and sensor and tracking components (including a hypersonic and ballistic missile-tracking space sensor payload), into such architecture to address the requirements and needs of the Armed Forces and combatant commands for such capabilities.
changed
Organization— On October 1, 2022, or earlier if directed by the Secretary of Defense, the Space Development Agency shall be transferred from the Office of the Secretary total number of Defense to space launches for all national security and Federal civil agency entities conducted in the United States Space Force and shall maintain the same organizational reporting requirements and acquisition authorities as during the Space Rapid Capability Office.preceding two-year period; and
added
the number of space launches by the same sponsors projected to occur during the following three-year period, including—
added
the number of launches, disaggregated by class of launch vehicle; and
added
the number of payloads, disaggregated by orbital destination.
Sec. 1608 Report on impact of acquisition strategy for the National Security Space Launch Program on emerging foreign space launch providers
changed
Not later than 90 days after the date of the enactment of this Act, and biennially thereafter for the following five-year period, the Secretary of the Air Force shall submit to Congress a report on the congressional defense committees an assessment that includes—impact of the acquisition strategy for the National Security Space Launch program on the potential for foreign countries, including the People's Republic of China, to enter the global commercial space launch market.
removed
the total number of space launches for all national security and Federal civil agency entities conducted in the United States during the preceding two-year period; and
removed
the number of space launches by the same sponsors projected to occur during the following three-year period, including—
removed
the number of launches, disaggregated by class of launch vehicle; and
removed
the number of payloads, disaggregated by orbital destination.
Sec. 1609 Leveraging commercial satellite remote sensing
added
In general— In acquiring geospatial-intelligence, the Secretary of Defense, in coordination with the Director of the National Reconnaissance Office and the Director of the National Geospatial-Intelligence Agency, shall leverage, to the maximum extent practicable, the capabilities of United States industry, including through the use of commercial geospatial-intelligence services and acquisition of commercial satellite imagery.
added
Obtaining future geospatial-intelligence data— The Director of the National Reconnaissance Office, as part of an analysis of alternatives for the future acquisition of space systems for geospatial-intelligence, shall—
added
consider whether there is a suitable, cost-effective, commercial capability available that can meet any or all of the geospatial-intelligence requirements of the Department and the intelligence community;
added
if a suitable, cost-effective, commercial capability is available as described in paragraph (1), determine whether it is in the national interest to develop a governmental space system for geospatial intelligence; and
added
include, as part of the established acquisition reporting requirements to the appropriate committees of Congress, any determination made under paragraphs (1) and (2).
added
Definitions— In this section:
added
The term appropriate committees of Congress means—
added
the congressional defense committees;
added
the Select Committee on Intelligence of the Senate; and
added
the Permanent Select Committee on Intelligence of the House of Representatives.
added
The term intelligence community has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
removed
Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to Congress a report on the impact of the acquisition strategy for the National Security Space Launch program on the potential for foreign countries, including the People's Republic of China, to enter the global commercial space launch market.
Sec. 1643 Study on cyberexploitation of members of the Armed Forces and their families
added
added
Study required— Not later than 150 days after the date of the enactment of this Act, the Secretary of Defense shall complete a study on the cyberexploitation of the personal information and accounts of members of the Armed Forces and their families.
added
Elements— The study required by subsection (a) shall include the following:
added
An intelligence assessment of the threat currently posed by foreign government and non-state actor cyberexploitation of members of the Armed Forces and their families, including generalized assessments as to whether cyberexploitation of members of the Armed Forces and their families is a substantial threat as compared to other means of information warfare and as to whether cyberexploitation of members of the Armed Forces and their families is an increasing threat.
added
Case-study analysis of three known occurrences of attempted cyberexploitation against members of the Armed Forces and their families, including assessments of the vulnerability and the ultimate consequences of the attempted cyberexploitation.
added
A description of the actions taken by the Department of Defense to educate members of the Armed Forces and their families, including particularly vulnerable subpopulations, about any actions that can be taken to reduce these threats.
added
An intelligence assessment of the threat posed by foreign government and non-state actor creation and use of deep fakes featuring members of the Armed Forces or their families, including generalized assessments of the maturity of the technology used in the creation of deep fakes and as to how deep fakes have been used or might be used to conduct information warfare.
added
Development of recommendations for policy changes to reduce the vulnerability of members of the Armed Forces and their families to cyberexploitation, including recommendations for legislative or administrative action.
added
Report—
added
In general— The Secretary shall submit to the congressional defense committees a report on the findings of the Secretary with respect to the study required by subsection (a).
added
Form— The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
added
Definitions— In this section:
added
The term cyberexploitation means the use of digital means to knowingly access, or conspire to access, without authorization, an individual’s personal information to be employed (or to be used) with malicious intent.
added
The term deep fake means the digital insertion of a person’s likeness into or digital alteration of a person’s likeness in visual media, such as photographs and videos, without the person’s permission and with malicious intent.
Sec. 1701 Short title
addedadded This title may be cited as the “Hong Kong Autonomy Act”.
Sec. 1702 Definitions
addedadded In this title:
added
Alien; national; national of the United States— The terms alien, national, and national of the United States have the meanings given those terms in section 101 of the Immigration and Nationality Act (8 U.S.C. 1101).
added
Appropriate congressional committees and leadership— The term appropriate congressional committees and leadership means—
added
the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Select Committee on Intelligence, and the majority leader and the minority leader of the Senate; and
added
the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Homeland Security, the Committee on the Judiciary, the Permanent Select Committee on Intelligence, and the Speaker and the minority leader of the House of Representatives.
added
Basic Law— The term Basic Law means the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China.
added
China— The term China means the People's Republic of China.
added
Entity— The term entity means a partnership, joint venture, association, corporation, organization, network, group, or subgroup, or any other form of business collaboration.
added
Financial institution— The term financial institution means a financial institution specified in section 5312(a)(2) of title 31, United States Code.
added
Hong Kong— The term Hong Kong means the Hong Kong Special Administrative Region of the People's Republic of China.
added
Joint Declaration— The term Joint Declaration means the Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong, done at Beijing on December 19, 1984.
added
Knowingly— The term knowingly, with respect to conduct, a circumstance, or a result, means that a person has actual knowledge of the conduct, the circumstance, or the result.
added
Person— The term person means an individual or entity.
added
United States person— The term United States person means—
added
any citizen or national of the United States;
added
any alien lawfully admitted for permanent residence in the United States;
added
any entity organized under the laws of the United States or any jurisdiction within the United States (including a foreign branch of such an entity); or
added
any person located in the United States.
Sec. 1703 Findings
addedadded Congress makes the following findings:
added
The Joint Declaration and the Basic Law clarify certain obligations and promises that the Government of China has made with respect to the future of Hong Kong.
added
The obligations of the Government of China under the Joint Declaration were codified in a legally-binding treaty, signed by the Government of the United Kingdom of Great Britain and Northern Ireland and registered with the United Nations.
added
The obligations of the Government of China under the Basic Law originate from the Joint Declaration, were passed into the domestic law of China by the National People’s Congress, and are widely considered by citizens of Hong Kong as part of the de facto legal constitution of Hong Kong.
added
Foremost among the obligations of the Government of China to Hong Kong is the promise that, pursuant to Paragraph 3b of the Joint Declaration, “the Hong Kong Special Administrative Region will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the Central People's Government”.
added
The obligation specified in Paragraph 3b of the Joint Declaration is referenced, reinforced, and extrapolated on in several portions of the Basic Law, including Articles 2, 12, 13, 14, and 22.
added
Article 22 of the Basic Law establishes that “No department of the Central People’s Government and no province, autonomous region, or municipality directly under the Central Government may interfere in the affairs which the Hong Kong Special Administrative Region administers on its own in accordance with this Law.”.
added
The Joint Declaration and the Basic Law make clear that additional obligations shall be undertaken by China to ensure the “high degree of autonomy” of Hong Kong.
added
Paragraph 3c of the Joint Declaration states, as reinforced by Articles 2, 16, 17, 18, 19, and 22 of the Basic Law, that Hong Kong “will be vested with executive, legislative and independent judicial power, including that of final adjudication”.
added
On multiple occasions, the Government of China has undertaken actions that have contravened the letter or intent of the obligation described in paragraph (8) of this section, including the following:
added
In 1999, the Standing Committee of the National People's Congress overruled a decision by the Hong Kong Court of Final Appeal on the right of abode.
added
On multiple occasions, the Government of Hong Kong, at the advice of the Government of China, is suspected to have not allowed persons entry into Hong Kong allegedly because of their support for democracy and human rights in Hong Kong and China.
added
The Liaison Office of China in Hong Kong has, despite restrictions on interference in the affairs of Hong Kong as detailed in Article 22 of the Basic Law—
added
openly expressed support for candidates in Hong Kong for Chief Executive and Legislative Council;
added
expressed views on various policies for the Government of Hong Kong and other internal matters relating to Hong Kong; and
added
on April 17, 2020, asserted that both the Liaison Office of China in Hong Kong and the Hong Kong and Macau Affairs Office of the State Council “have the right to exercise supervision … on affairs regarding Hong Kong and the mainland, in order to ensure correct implementation of the Basic Law”.
added
The National People’s Congress has passed laws requiring Hong Kong to pass laws banning disrespectful treatment of the national flag and national anthem of China.
added
The State Council of China released a white paper on June 10, 2014, that stressed the “comprehensive jurisdiction” of the Government of China over Hong Kong and indicated that Hong Kong must be governed by “patriots”.
added
The Government of China has directed operatives to kidnap and bring to the mainland, or is otherwise responsible for the kidnapping of, residents of Hong Kong, including businessman Xiao Jianhua and bookseller Gui Minhai.
added
The Government of Hong Kong, acting with the support of the Government of China, introduced an extradition bill that would have permitted the Government of China to request and enforce extradition requests for any individual present in Hong Kong, regardless of the legality of the request or the degree to which it compromised the judicial independence of Hong Kong.
added
The spokesman for the Standing Committee of the National People's Congress said, “Whether Hong Kong’s laws are consistent with the Basic Law can only be judged and decided by the National People’s Congress Standing Committee. No other authority has the right to make judgments and decisions.”.
added
Paragraph 3e of the Joint Declaration states, as reinforced by Article 5 of the Basic Law, that the “current social and economic systems in Hong Kong will remain unchanged, as so will the life-style.”.
added
On multiple occasions, the Government of China has undertaken actions that have contravened the letter or intent of the obligation described in paragraph (10) of this section, including the following:
added
In 2002, the Government of China pressured the Government of Hong Kong to introduce “patriotic” curriculum in primary and secondary schools.
added
The governments of China and Hong Kong proposed the prohibition of discussion of Hong Kong independence and self-determination in primary and secondary schools, which infringes on freedom of speech.
added
The Government of Hong Kong mandated that Mandarin, and not the native language of Cantonese, be the language of instruction in Hong Kong schools.
added
The governments of China and Hong Kong agreed to a daily quota of mainland immigrants to Hong Kong, which is widely believed by citizens of Hong Kong to be part of an effort to “mainlandize” Hong Kong.
added
Paragraph 3e of the Joint Declaration states, as reinforced by Articles 4, 26, 27, 28, 29, 30, 31, 32 33, 34, and 39 of the Basic Law, that the “rights and freedoms, including those of person, of speech, of the press, of assembly, of association, of travel, of movement, of correspondence, of strike, of choice of occupation, of academic research and of religious belief will be ensured by law” in Hong Kong.
added
On multiple occasions, the Government of China has undertaken actions that have contravened the letter or intent of the obligation described in paragraph (12) of this section, including the following:
added
On February 26, 2003, the Government of Hong Kong introduced a national security bill that would have placed restrictions on freedom of speech and other protected rights.
added
The Liaison Office of China in Hong Kong has pressured businesses in Hong Kong not to advertise in newspapers and magazines critical of the governments of China and Hong Kong.
added
The Hong Kong Police Force selectively blocked demonstrations and protests expressing opposition to the governments of China and Hong Kong or the policies of those governments.
added
The Government of Hong Kong refused to renew work visa for a foreign journalist, allegedly for hosting a speaker from the banned Hong Kong National Party.
added
The Justice Department of Hong Kong selectively prosecuted cases against leaders of the Umbrella Movement, while failing to prosecute police officers accused of using excessive force during the protests in 2014.
added
On April 18, 2020, the Hong Kong Police Force arrested 14 high-profile democracy activists and campaigners for their role in organizing a protest march that took place on August 18, 2019, in which almost 2,000,000 people rallied against a proposed extradition bill.
added
Articles 45 and 68 of the Basic Law assert that the selection of Chief Executive and all members of the Legislative Council of Hong Kong should be by “universal suffrage.”.
added
On multiple occasions, the Government of China has undertaken actions that have contravened the letter or intent of the obligation described in paragraph (14) of this section, including the following:
added
In 2004, the National People’s Congress created new, antidemocratic procedures restricting the adoption of universal suffrage for the election of the Chief Executive of Hong Kong.
added
The decision by the National People’s Congress on December 29, 2007, which ruled out universal suffrage in 2012 elections and set restrictions on when and if universal suffrage will be implemented.
added
The decision by the National People’s Congress on August 31, 2014, which placed limits on the nomination process for the Chief Executive of Hong Kong as a condition for adoption of universal suffrage.
added
On November 7, 2016, the National People’s Congress interpreted Article 104 of the Basic Law in such a way to disqualify 6 elected members of the Legislative Council.
added
In 2018, the Government of Hong Kong banned the Hong Kong National Party and blocked the candidacy of pro-democracy candidates.
added
The ways in which the Government of China, at times with the support of a subservient Government of Hong Kong, has acted in contravention of its obligations under the Joint Declaration and the Basic Law, as set forth in this section, are deeply concerning to the people of Hong Kong, the United States, and members of the international community who support the autonomy of Hong Kong.
Sec. 1704 Sense of Congress regarding Hong Kong
addedadded It is the sense of Congress that—
added
the United States continues to uphold the principles and policy established in the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5701 et seq.) and the Hong Kong Human Rights and Democracy Act of 2019 (Public Law 116–76; 22 U.S.C. 5701 note), which remain consistent with China’s obligations under the Joint Declaration and certain promulgated objectives under the Basic Law, including that—
added
as set forth in section 101(1) of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5711(1)), “The United States should play an active role, before, on, and after July 1, 1997, in maintaining Hong Kong's confidence and prosperity, Hong Kong's role as an international financial center, and the mutually beneficial ties between the people of the United States and the people of Hong Kong.”; and
added
as set forth in section 2(5) of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5701(5)), “Support for democratization is a fundamental principle of United States foreign policy. As such, it naturally applies to United States policy toward Hong Kong. This will remain equally true after June 30, 1997.”;
added
although the United States recognizes that, under the Joint Declaration, the Government of China “resumed the exercise of sovereignty over Hong Kong with effect on 1 July 1997”, the United States supports the autonomy of Hong Kong in furtherance of the United States-Hong Kong Policy Act of 1992 and the Hong Kong Human Rights and Democracy Act of 2019 and advances the desire of the people of Hong Kong to continue the “one country, two systems” regime, in addition to other obligations promulgated by China under the Joint Declaration and the Basic Law;
added
in order to support the benefits and protections that Hong Kong has been afforded by the Government of China under the Joint Declaration and the Basic Law, the United States should establish a clear and unambiguous set of penalties with respect to foreign persons determined by the Secretary of State, in consultation with the Secretary of the Treasury, to be involved in the contravention of the obligations of China under the Joint Declaration and the Basic Law and the financial institutions transacting with those foreign persons;
added
the Secretary of State should provide an unclassified assessment of the reason for imposition of certain economic penalties on entities, so as to permit a clear path for the removal of economic penalties if the sanctioned behavior is reversed and verified by the Secretary of State;
added
relevant Federal agencies should establish a multilateral sanctions regime with respect to foreign persons involved in the contravention of the obligations of China under the Joint Declaration and the Basic Law; and
added
in addition to the penalties on foreign persons, and financial institutions transacting with those foreign persons, for the contravention of the obligations of China under the Joint Declaration and the Basic Law, the United States should take steps, in a time of crisis, to assist permanent residents of Hong Kong who are persecuted or fear persecution as a result of the contravention by China of its obligations under the Joint Declaration and the Basic Law to become eligible to obtain lawful entry into the United States.
Sec. 1705 Identification of foreign persons involved in the erosion of the obligations of China under the Joint Declaration or the Basic Law and foreign financial institutions that conduct significant transactions with those persons
added
added
In general— Not later than 90 days after the date of the enactment of this Act, if the Secretary of State, in consultation with the Secretary of the Treasury, determines that a foreign person is materially contributing to, has materially contributed to, or attempts to materially contribute to the failure of the Government of China to meet its obligations under the Joint Declaration or the Basic Law, the Secretary of State shall submit to the appropriate congressional committees and leadership a report that includes—
added
an identification of the foreign person; and
added
a clear explanation for why the foreign person was identified and a description of the activity that resulted in the identification.
added
Identifying foreign financial institutions— Not earlier than 30 days and not later than 60 days after the Secretary of State submits to the appropriate congressional committees and leadership the report under subsection (a), the Secretary of the Treasury, in consultation with the Secretary of State, shall submit to the appropriate congressional committees and leadership a report that identifies any foreign financial institution that knowingly conducts a significant transaction with a foreign person identified in the report under subsection (a).
added
Exclusion of certain information—
added
Intelligence— The Secretary of State shall not disclose the identity of a person in a report submitted under subsection (a) or (b), or an update under subsection (e), if the Director of National Intelligence determines that such disclosure could compromise an intelligence operation, activity, source, or method of the United States.
added
Law enforcement— The Secretary of State shall not disclose the identity of a person in a report submitted under subsection (a) or (b), or an update under subsection (e), if the Attorney General, in coordination, as appropriate, with the Director of the Federal Bureau of Investigation, the head of any other appropriate Federal law enforcement agency, and the Secretary of the Treasury, determines that such disclosure could reasonably be expected—
added
to compromise the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution that furnished information on a confidential basis;
added
to jeopardize the integrity or success of an ongoing criminal investigation or prosecution;
added
to endanger the life or physical safety of any person; or
added
to cause substantial harm to physical property.
added
Notification required— If the Director of National Intelligence makes a determination under paragraph (1) or the Attorney General makes a determination under paragraph (2), the Director or the Attorney General, as the case may be, shall notify the appropriate congressional committees and leadership of the determination and the reasons for the determination.
added
Exclusion or removal of foreign persons and foreign financial institutions—
added
Foreign persons— The President may exclude a foreign person from the report under subsection (a), or an update under subsection (e), or remove a foreign person from the report or update prior to the imposition of sanctions under section 1706(a) if the material contribution (as described in subsection (g)) that merited inclusion in that report or update—
added
does not have a significant and lasting negative effect that contravenes the obligations of China under the Joint Declaration and the Basic Law;
added
is not likely to be repeated in the future; and
added
has been reversed or otherwise mitigated through positive countermeasures taken by that foreign person.
added
Foreign financial institutions— The President may exclude a foreign financial institution from the report under subsection (b), or an update under subsection (e), or remove a foreign financial institution from the report or update prior to the imposition of sanctions under section 1707(a) if the significant transaction or significant transactions of the foreign financial institution that merited inclusion in that report or update—
added
does not have a significant and lasting negative effect that contravenes the obligations of China under the Joint Declaration and the Basic Law;
added
is not likely to be repeated in the future; and
added
has been reversed or otherwise mitigated through positive countermeasures taken by that foreign financial institution.
added
Notification required— If the President makes a determination under paragraph (1) or (2) to exclude or remove a foreign person or foreign financial institution from a report under subsection (a) or (b), as the case may be, the President shall notify the appropriate congressional committees and leadership of the determination and the reasons for the determination.
added
Update of reports—
added
In general— Each report submitted under subsections (a) and (b) shall be updated in an ongoing manner and, to the extent practicable, updated reports shall be resubmitted with the annual report under section 301 of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5731).
added
Rule of construction— Nothing in this subsection shall be construed to terminate the requirement to update the reports under subsections (a) and (b) upon the termination of the requirement to submit the annual report under section 301 of the United States-Hong Kong Policy Act of 1992 (22 U.S.C. 5731).
added
Form of reports—
added
In general— Each report under subsection (a) or (b) (including updates under subsection (e)) shall be submitted in unclassified form and made available to the public.
added
Classified annex— The explanations and descriptions included in the report under subsection (a)(2) (including updates under subsection (e)) may be expanded on in a classified annex.
added
Material contributions related to obligations of China described— For purposes of this section, a foreign person materially contributes to the failure of the Government of China to meet its obligations under the Joint Declaration or the Basic Law if the person—
added
took action that resulted in the inability of the people of Hong Kong—
added
to enjoy freedom of assembly, speech, press, or independent rule of law; or
added
to participate in democratic outcomes; or
added
otherwise took action that reduces the high degree of autonomy of Hong Kong.
Sec. 1706 Sanctions with respect to foreign persons that contravene the obligations of China under the Joint Declaration or the Basic Law
added
added
Imposition of sanctions—
added
In general— On and after the date on which a foreign person is included in the report under section 1705(a) or an update to that report under section 1705(e), the President may impose sanctions described in subsection (b) with respect to that foreign person.
added
Mandatory sanctions— Not later than one year after the date on which a foreign person is included in the report under section 1705(a) or an update to that report under section 1705(e), the President shall impose sanctions described in subsection (b) with respect to that foreign person.
added
Sanctions described— The sanctions described in this subsection with respect to a foreign person are the following:
added
Property transactions— The President may, pursuant to such regulations as the President may prescribe, prohibit any person from—
added
acquiring, holding, withholding, using, transferring, withdrawing, transporting, or exporting any property that is subject to the jurisdiction of the United States and with respect to which the foreign person has any interest;
added
dealing in or exercising any right, power, or privilege with respect to such property; or
added
conducting any transaction involving such property.
added
Exclusion from the United States and revocation of visa or other documentation— In the case of a foreign person who is an individual, the President may direct the Secretary of State to deny a visa to, and the Secretary of Homeland Security to exclude from the United States, the foreign person, subject to regulatory exceptions to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.
Sec. 1707 Sanctions with respect to foreign financial institutions that conduct significant transactions with foreign persons that contravene the obligations of China under the Joint Declaration or the Basic Law
added
added
Imposition of sanctions—
added
Initial sanctions— Not later than one year after the date on which a foreign financial institution is included in the report under section 1705(b) or an update to that report under section 1705(e), the President shall impose not fewer than 5 of the sanctions described in subsection (b) with respect to that foreign financial institution.
added
Expanded sanctions— Not later than two years after the date on which a foreign financial institution is included in the report under section 1705(b) or an update to that report under section 1705(e), the President shall impose each of the sanctions described in subsection (b).
added
Sanctions described— The sanctions described in this subsection with respect to a foreign financial institution are the following:
added
Loans from United States financial institutions— The United States Government may prohibit any United States financial institution from making loans or providing credits to the foreign financial institution.
added
Prohibition on designation as primary dealer— Neither the Board of Governors of the Federal Reserve System nor the Federal Reserve Bank of New York may designate, or permit the continuation of any prior designation of, the foreign financial institution as a primary dealer in United States Government debt instruments.
added
Prohibition on service as a repository of government funds— The foreign financial institution may not serve as agent of the United States Government or serve as repository for United States Government funds.
added
Foreign exchange— The President may, pursuant to such regulations as the President may prescribe, prohibit any transactions in foreign exchange that are subject to the jurisdiction of the United States and involve the foreign financial institution.
added
Banking transactions— The President may, pursuant to such regulations as the President may prescribe, prohibit any transfers of credit or payments between financial institutions or by, through, or to any financial institution, to the extent that such transfers or payments are subject to the jurisdiction of the United States and involve the foreign financial institution.
added
Property transactions— The President may, pursuant to such regulations as the President may prescribe, prohibit any person from—
added
acquiring, holding, withholding, using, transferring, withdrawing, transporting, or exporting any property that is subject to the jurisdiction of the United States and with respect to which the foreign financial institution has any interest;
added
dealing in or exercising any right, power, or privilege with respect to such property; or
added
conducting any transaction involving such property.
added
Restriction on exports, reexports, and transfers— The President, in consultation with the Secretary of Commerce, may restrict or prohibit exports, reexports, and transfers (in-country) of commodities, software, and technology subject to the jurisdiction of the United States directly or indirectly to the foreign financial institution.
added
Ban on investment in equity or debt— The President may, pursuant to such regulations or guidelines as the President may prescribe, prohibit any United States person from investing in or purchasing significant amounts of equity or debt instruments of the foreign financial institution.
added
Exclusion of corporate officers— The President may direct the Secretary of State, in consultation with the Secretary of the Treasury and the Secretary of Homeland Security, to exclude from the United States any alien that is determined to be a corporate officer or principal of, or a shareholder with a controlling interest in, the foreign financial institution, subject to regulatory exceptions to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations.
added
Sanctions on principal executive officers— The President may impose on the principal executive officer or officers of the foreign financial institution, or on individuals performing similar functions and with similar authorities as such officer or officers, any of the sanctions described in paragraphs (1) through (8) that are applicable.
added
Timing of sanctions— The President may impose sanctions required under subsection (a) with respect to a financial institution included in the report under section 1705(b) or an update to that report under section 1705(e) beginning on the day on which the financial institution is included in that report or update.
Sec. 1708 Waiver, termination, exceptions, and congressional review process
added
added
National security waiver— Unless a disapproval resolution is enacted under subsection (d), the President may waive the application of sanctions under section 1706 or 1707 with respect to a foreign person or foreign financial institution if the President—
added
determines that the waiver is in the national security interest of the United States; and
added
submits to the appropriate congressional committees and leadership a report on the determination and the reasons for the determination.
added
Termination of sanctions and removal from report— Unless a disapproval resolution is enacted under subsection (d), the President may terminate the application of sanctions under section 1706 or 1707 with respect to a foreign person or foreign financial institution and remove the foreign person from the report required under section 1705(a) or the foreign financial institution from the report required under section 1705(b), as the case may be, if the Secretary of State, in consultation with the Secretary of the Treasury, determines that the actions taken by the foreign person or foreign financial institution that led to the imposition of sanctions—
added
do not have a significant and lasting negative effect that contravenes the obligations of China under the Joint Declaration and the Basic Law;
added
are not likely to be repeated in the future; and
added
have been reversed or otherwise mitigated through positive countermeasures taken by that foreign person or foreign financial institution.
added
Termination of Act—
added
Report—
added
In general— Not later than July 1, 2046, the President, in consultation with the Secretary of State, the Secretary of the Treasury, and the heads of such other Federal agencies as the President considers appropriate, shall submit to Congress a report evaluating the implementation of this title and sanctions imposed pursuant to this title.
added
Elements— The President shall include in the report submitted under subparagraph (A) an assessment of whether this title and the sanctions imposed pursuant to this title should be terminated.
added
Termination— This title and the sanctions imposed pursuant to this title shall remain in effect unless a termination resolution is enacted under subsection (e) after July 1, 2047.
added
Congressional review—
added
Resolutions—
added
Disapproval resolution— In this section, the term disapproval resolution means only a joint resolution of either House of Congress—
added
the title of which is as follows: “A joint resolution disapproving the waiver or termination of sanctions with respect to a foreign person that contravenes the obligations of China with respect to Hong Kong or a foreign financial institution that conducts a significant transaction with that person.”; and
added
the sole matter after the resolving clause of which is the following: “Congress disapproves of the action under section 1708 of the Hong Kong Autonomy Act relating to the application of sanctions imposed with respect to a foreign person that contravenes the obligations of China with respect to Hong Kong, or a foreign financial institution that conducts a significant transaction with that person, on _______ relating to ________.”, with the first blank space being filled with the appropriate date and the second blank space being filled with a short description of the proposed action.
added
Termination resolution— In this section, the term termination resolution means only a joint resolution of either House of Congress—
added
the title of which is as follows: “A joint resolution terminating sanctions with respect to foreign persons that contravene the obligations of China with respect to Hong Kong and foreign financial institutions that conduct significant transactions with those persons.”; and
added
the sole matter after the resolving clause of which is the following: “The Hong Kong Autonomy Act and any sanctions imposed pursuant to that Act shall terminate on ____.”, with the blank space being filled with the termination date.
added
Covered resolution— In this subsection, the term covered resolution means a disapproval resolution or a termination resolution.
added
Introduction— A covered resolution may be introduced—
added
in the House of Representatives, by the majority leader or the minority leader; and
added
in the Senate, by the majority leader (or the majority leader's designee) or the minority leader (or the minority leader's designee).
added
Floor consideration in House of Representatives— If a committee of the House of Representatives to which a covered resolution has been referred has not reported the resolution within 10 calendar days after the date of referral, that committee shall be discharged from further consideration of the resolution.
added
Consideration in the Senate—
added
Committee referral—
added
Disapproval resolution— A disapproval resolution introduced in the Senate shall be—
added
referred to the Committee on Banking, Housing, and Urban Affairs if the resolution relates to an action that is not intended to significantly alter United States foreign policy with regard to China; and
added
referred to the Committee on Foreign Relations if the resolution relates to an action that is intended to significantly alter United States foreign policy with regard to China.
added
Termination resolution— A termination resolution introduced in the Senate shall be referred to the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations.
added
Reporting and discharge— If a committee to which a covered resolution was referred has not reported the resolution within 10 calendar days after the date of referral of the resolution, that committee shall be discharged from further consideration of the resolution and the resolution shall be placed on the appropriate calendar.
added
Proceeding to consideration— Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order at any time after the Committee on Banking, Housing, and Urban Affairs or the Committee on Foreign Relations, as the case may be, reports a covered resolution to the Senate or has been discharged from consideration of such a resolution (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution, and all points of order against the resolution (and against consideration of the resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order.
added
Rulings of the Chair on procedure— Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a covered resolution shall be decided without debate.
added
Consideration of veto messages— Debate in the Senate of any veto message with respect to a covered resolution, including all debatable motions and appeals in connection with the resolution, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees.
added
Rules relating to Senate and House of Representatives—
added
Treatment of Senate resolution in House— In the House of Representatives, the following procedures shall apply to a covered resolution received from the Senate (unless the House has already passed a resolution relating to the same proposed action):
added
The resolution shall be referred to the appropriate committees.
added
If a committee to which a resolution has been referred has not reported the resolution within 2 calendar days after the date of referral, that committee shall be discharged from further consideration of the resolution.
added
Beginning on the third legislative day after each committee to which a resolution has been referred reports the resolution to the House or has been discharged from further consideration thereof, it shall be in order to move to proceed to consider the resolution in the House. All points of order against the motion are waived. Such a motion shall not be in order after the House has disposed of a motion to proceed on the resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order.
added
The resolution shall be considered as read. All points of order against the resolution and against its consideration are waived. The previous question shall be considered as ordered on the resolution to final passage without intervening motion except 2 hours of debate equally divided and controlled by the sponsor of the resolution (or a designee) and an opponent. A motion to reconsider the vote on passage of the resolution shall not be in order.
added
Treatment of House resolution in Senate—
added
Received before passage of Senate resolution— If, before the passage by the Senate of a covered resolution, the Senate receives an identical resolution from the House of Representatives, the following procedures shall apply:
added
That resolution shall not be referred to a committee.
added
With respect to that resolution—
added
the procedure in the Senate shall be the same as if no resolution had been received from the House of Representatives; but
added
the vote on passage shall be on the resolution from the House of Representatives.
added
Received after passage of Senate resolution— If, following passage of a covered resolution in the Senate, the Senate receives an identical resolution from the House of Representatives, that resolution shall be placed on the appropriate Senate calendar.
added
No Senate companion— If a covered resolution is received from the House of Representatives, and no companion resolution has been introduced in the Senate, the Senate procedures under this subsection shall apply to the resolution from the House of Representatives.
added
Application to revenue measures— The provisions of this paragraph shall not apply in the House of Representatives to a covered resolution that is a revenue measure.
added
Rules of House of Representatives and Senate— This subsection is enacted by Congress—
added
as an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such is deemed a part of the rules of each House, respectively, and supersedes other rules only to the extent that it is inconsistent with such rules; and
added
with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.
Sec. 1709 Implementation; penalties
added
added
Implementation— The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to the extent necessary to carry out this title.
added
Penalties— A person that violates, attempts to violate, conspires to violate, or causes a violation of section 1706 or 1707 or any regulation, license, or order issued to carry out that section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act (50 U.S.C. 1705) to the same extent as a person that commits an unlawful act described in subsection (a) of that section.
Sec. 1710 Rule of construction
addedadded Nothing in this title shall be construed as an authorization of military force against China.
Sec. 1711 Exception relating to importation of goods
added
added
In general— The authorities and requirements to impose sanctions under this title shall not include the authority or requirement to impose sanctions on the importation of goods.
added
Good defined— In this section, the term good means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data.
Sec. 2703 Plan to finish remediation activities conducted by the Secretary of the Army in Umatilla, Oregon
addedadded Not later than 90 days after the date of the enactment of this Act, the Secretary of the Army shall submit to Congress a plan to finish remediation activities conducted by the Secretary in Umatilla, Oregon, by not later than three years after such date of enactment.
Sec. 2887 Transfer of funds for Oklahoma City national memorial endowment fund
addedadded Section 7(1) of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss–5(1)) is amended by striking “there is hereby authorized” and inserting “the Secretary may provide, from the National Park Service's national recreation and preservation account, the remainder of”.
Sec. 3111 Review of adequacy of nuclear weapons budget
In general— Subtitle A of title XVII of the Atomic Energy Defense Act (50 U.S.C. 2741 et seq.) is amended by adding at the end the following new section:
“4717. Review of adequacy of nuclear weapons budget
“(a) Review of adequacy of Administration budget by Nuclear Weapons Council
“(1) Transmission to Council—The Secretary of Energy shall transmit to the Nuclear Weapons Council (in this section referred to as the “Council”) a copy of the proposed budget request of the Administration for each fiscal year before that budget request is submitted to the Director of the Office of Management and Budget in relation to the preparation of the budget of the President to be submitted to Congress under section 1105(a) of title 31, United States Code.
“(2) Review and determination of adequacy
“(A) Review—The Council shall review each budget request transmitted to the Council under paragraph (1).
“(B) Determination of adequacy
“(i) Inadequate requests—If the Council determines that a budget request for a fiscal year transmitted to the Council under paragraph (1) is inadequate, in whole or in part, to implement the objectives of the Department of Defense with respect to nuclear weapons for that fiscal year, the Council shall submit to the Secretary of Energy a written description of funding levels and specific initiatives that would, in the determination of the Council, make the budget request adequate to implement those objectives.
“(ii) Adequate requests—If the Council determines that a budget request for a fiscal year transmitted to the Council under paragraph (1) is adequate to implement the objectives described in clause (i) for that fiscal year, the Council shall submit to the Secretary of Energy a written statement confirming the adequacy of the request.
“(iii) Records—The Council shall maintain a record of each description submitted under clause (i) and each statement submitted under clause (ii).
“(3) Department of Energy response
changed
“(A) In general—If the Council submits to the Secretary of Energy a written description under paragraph (2)(B)(i) with respect to the budget request of the Administration for a fiscal year, the Secretary shall include the funding levels and initiatives identified in that description in the budget request before submitting as an appendix to the budget request submitted to the Director of the Office of Management and Budget.Budget—
changed
“(B) Summary of changes—The Secretary shall include, as an appendix to the budget request of “(i) the Administration submitted to funding levels and initiatives identified in the Director description under subparagraph (A)—paragraph (2)(B)(i); and
removed
“(i) a summary of the changes made to the budget request under subparagraph (A); and
“(ii) any additional comments the Secretary considers appropriate.
added “(B) Transmission to congress—The Secretary of Energy shall transmit to Congress, with the budget justification materials submitted in support of the Department of Energy budget for a fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), a copy of the appendix described in subparagraph (A).
removed
“(C) Transmission to Congress—The Secretary of Energy shall transmit to Congress, with the budget justification materials submitted in support of the Department of Energy budget for a fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), a copy of the appendix described in subparagraph (B).
“(b) Review and certification of Department of Energy budget by Nuclear Weapons Council
“(1) In general—At the time the Secretary of Energy submits the budget request of the Department of Energy for that fiscal year to the Director of the Office of Management and Budget in relation to the preparation of the budget of the President, the Secretary shall transmit a copy of the budget request of the Department to the Council.
“(2) Certification—The Council shall—
“(A) review the budget request transmitted to the Council under paragraph (1);
“(B) based on the review under subparagraph (A), make a determination with respect to whether the budget request includes the funding levels and initiatives described in subsection (a)(2)(B)(i); and
“(C) submit to Congress—
“(i)
“(I) a certification that the budget request is adequate to implement the objectives described in subsection (a)(2)(B)(i); or
“(II) a statement that the budget request is not adequate to implement those objectives; and
“(ii) a copy of the written description submitted by the Council to the Secretary under subsection (a)(2)(B)(i), if any.”
Clerical amendment— The table of contents for such Act is amended by inserting after the item relating to section 4716 the following new item:
Sec. 3112 Treatment of budget of National Nuclear Security Administration
removed
removed
Section 3251(a) of the National Nuclear Security Administration Act (50 U.S.C. 2451(a)) is amended to read as follows:
removed
“(a) President’s budget—In each budget submitted by the President to Congress under section 1105 of title 31, United States Code, amounts requested for the Administration shall be set forth—
removed
“(1) separately within the other amounts requested for the Department of Energy; and
removed
“(2) within a separate budget subfunction from other atomic energy defense activities within the Department of Energy.”
Sec. 3113 Responsibility of Administrator for Nuclear Security for ensuring National Nuclear Security Administration budget satisfies nuclear weapons needs of Department of Defense
removed
removed
Section 3252 of the National Nuclear Security Administration Act (50 U.S.C. 2452) is amended by adding at the end the following new subsection:
removed
“(d) Responsibility of Administrator for ensuring Administration budget satisfies Department of Defense needs—Subject to the direction of the President, the Administrator shall, after consultation with the Secretary of Defense, ensure that the budget of the Administration is adequate to satisfy the nuclear weapons needs of the Department of Defense, including the nuclear weapons needs of the United States Strategic Command, the military departments, and other components of the Department of Defense, as appropriate.”
Sec. 3114 Participation of Secretary of Defense in planning, programming, budgeting, and execution process of National Nuclear Security Administration
removed
removed
In general— Subtitle D of the National Nuclear Security Administration Act (50 U.S.C. 2451 et seq.) is amended by adding at the end the following new section:
removed
“3255. Participation of Secretary of Defense in planning, programming, budgeting, and execution process of Administration
removed
“(a) Guidance with respect to development of budget
removed
“(1) In general—The Secretary of Defense, acting through the Nuclear Weapons Council, shall provide to the Administrator guidance with respect to the development of the budget of the Administration for each fiscal year.
removed
“(2) National strategies—The guidance provided under paragraph (1) shall support the national strategy of the United States as set forth in—
removed
“(A) the most recent national defense strategy under section 113(g) of title 10, United States Code; and
removed
“(B) the most recent National Military Strategy under section 153(b) of such title.
removed
“(b) Participation in development of budget—The Secretary, acting through the Council, shall participate in the development of the budget of the Administration, including the preparation of the future-years nuclear security program under section 3253.
removed
“(c) Oversight of execution of weapons activities—The Secretary, acting through the Council, shall ensure the effective execution of the activities carried out using amounts available to the Administration for weapons activities.
removed
“(d) Budget of the Administration defined—In this section, the term budget of the Administration means the budget of the Administration for a fiscal year, as submitted to Congress with the budget of the President for that fiscal year under section 1105(a) of title 31, United States Code.”
removed
Clerical amendment— The table of contents for the National Nuclear Security Administration Act is amended by inserting after the item relating to section 3254 the following new item:
Sec. 3115 Requirement for updated planning, programming, budgeting, and execution guidance for National Nuclear Security Administration
removed
removed
In general— Not later than February 15, 2021, the Administrator for Nuclear Security shall issue updated guidance for the planning, programming, budgeting, and execution process of the National Nuclear Security Administration to replace the guidance issued on December 9, 2019 (document number NAP 130.1).
removed
Elements— The updated guidance required by subsection (a) shall include the following:
removed
Specification of processes for coordination with the Nuclear Weapons Council under section 179 of title 10, United States Code, and other officials of the Department of Defense at each stage of the planning, programming, budgeting, and execution process of the National Nuclear Security Administration, including coordination between—
removed
the Director for Cost Estimating and Program Evaluation of the Administration and the Director of Cost Assessment and Program Evaluation of the Department;
removed
the Associate Administrator for Management and Budget and the Under Secretary of Defense (Comptroller); and
removed
program managers of the Administration and program managers of the Department.
removed
Participation of appropriate officials of the Department in decisionmaking at each stage of the planning, programming, budgeting, and execution process of the Administration, including participation of the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs as a member of the Management Council of the Administration.
removed
Specification of incorporation into the planning, programming, budgeting, and execution process of the Administration of planning documents of the Department of Defense, including the most recent national defense strategy under section 113(g) of title 10, United States Code.
removed
A requirement for the Chairman of the Nuclear Weapons Council to jointly sign, with the Administrator, the planning, programming, and fiscal guidance documents of the Administration.
Sec. 3116 Cross-training in budget processes of Department of Defense and National Nuclear Security Administration
removed
removed
In general— Not later than January 1, 2021, the Secretary of Defense and the Administrator for Nuclear Security shall jointly establish a program to provide for the cross-training of the personnel specified in subsection (b) on the respective budgetary and programming systems and processes of the Department of Defense and the National Nuclear Security Administration.
removed
Personnel specified— The personnel specified in this subsection are personnel of the following:
removed
The Office of the Under Secretary of Defense (Comptroller).
removed
The Office of Management and Budget of the National Nuclear Security Administration.
removed
The Office of the Director of Cost Assessment and Program Evaluation of the Department of Defense.
removed
The Office of the Director of Cost Estimation and Program Evaluation of the Administration.
removed
The Chairman of the Nuclear Weapons Council established under section 179 of title 10, United States Code.
removed
The Office of Administrator for Nuclear Security.
removed
Report required— Not later than February 15, 2021, the Secretary and the Administrator shall jointly submit to the congressional defense committees a report on the details of the program required by subsection (a).
Sec. 3152 Prohibition on use of laboratory- or production facility-directed research and development funds for general and administrative overhead costs
added Section 4811 of the Atomic Energy Defense Act (50 U.S.C. 2791), as amended by section 3152, is further amended—
removed
In general— Section 4811 of the Atomic Energy Defense Act (50 U.S.C. 2791) is amended to read as follows:
removed
“4811. Laboratory- or production facility-directed research and development programs
removed
“(a) Authority—The directors of the national security laboratories and the nuclear weapons production facilities are authorized to carry out laboratory- or production facility-directed research and development.
removed
“(b) Regulations—The Administrator shall prescribe regulations for the conduct of laboratory- or production facility-directed research and development at the national security laboratories and the nuclear weapons production facilities.
removed
“(c) Funding—Of the funds provided by the Administration to a national security laboratory or nuclear weapons production facility for national security activities, the Administrator shall provide a specific amount, of not less than 5 percent and not more than 7 percent of such funds, to be used by the laboratory or facility for laboratory- or production facility-directed research and development.
removed
“(d) Definition—In this section, the term laboratory- or production facility-directed research and development means research and development work of a creative and innovative nature which, under the regulations prescribed pursuant to subsection (b), is selected by the director of a national security laboratory or nuclear weapons production facility for the purpose of maintaining the vitality of the laboratory or facility in defense-related scientific disciplines.”
changed
Clerical amendment— The table of contents for the Atomic Energy Defense Act is amended by striking the item relating to section 4811 and inserting the following new item:redesignating subsection (d) as subsection (e); and
added
by inserting after subsection (c) the following new subsection (d):
added “(d) Prohibition on use of funds for overhead—Funds provided to a national security laboratory or nuclear weapons production facility for laboratory- or production facility-directed research and development may not be used to cover the costs of general and administrative overhead for the laboratory or facility.”
Sec. 3153 Monitoring of industrial base for nuclear weapons components, subsystems, and materials
added
Designation of official— Not later than March 1, 2021, the Administrator for Nuclear Security shall designate a senior official within the National Nuclear Security Administration to be responsible for monitoring the industrial base that supports the nuclear weapons components, subsystems, and materials of the Administration, including—
added
the consistent monitoring of the current status of the industrial base;
added
tracking of industrial base issues over time; and
added
proactively identifying gaps or risks in specific areas relating to the industrial base.
removed
Section 4811 of the Atomic Energy Defense Act (50 U.S.C. 2791), as amended by section 3152, is further amended—
changed
Provision of resources— by redesignating subsection (d) as The Administrator shall ensure that the official designated under subsection (e); and(a) is provided with resources sufficient to conduct the monitoring required by that subsection.
changed
Consultations— by inserting after subsection (c) The Administrator, acting through the following new official designated under subsection (d):(a), shall, to the extent practicable and beneficial, in conducting the monitoring required by that subsection, consult with—
added
officials of the Department of Defense who are members of the Nuclear Weapons Council established under section 179 of title 10, United States Code;
added
officials of the Department of Defense responsible for the defense industrial base; and
added
other components of the Department of Energy that rely on similar components, subsystems, or materials.
added
Briefings—
added
Initial briefing— Not later than April 1, 2021, the Administrator shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the designation of the official required by subsection (a), including on—
added
the responsibilities assigned to that official; and
added
the plan for providing that official with resources sufficient to conduct the monitoring required by subsection (a).
added
Subsequent briefings— Not later than April 1, 2022, and annually thereafter through 2024, the Administrator shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on activities carried out under this section that includes an assessment of the progress made by the official designated under subsection (a) in conducting the monitoring required by that subsection.
removed
“(d) Prohibition on use of funds for overhead—Funds provided to a national security laboratory or nuclear weapons production facility for laboratory- or production facility-directed research and development may not be used to cover the costs of general and administrative overhead for the laboratory or facility.”
Sec. 3154 Prohibition on use of funds for advanced naval nuclear fuel system based on low-enriched uranium
changed
Designation of official—In general— Not later than March 1, 2021, None of the Administrator funds authorized to be appropriated for Nuclear Security shall designate a senior official within the National Nuclear Security Administration to be responsible for monitoring the industrial base that supports the nuclear weapons components, subsystems, fiscal year 2021 may be obligated or expended to conduct research and materials development of an advanced naval nuclear fuel system based on low-enriched uranium until the Administration, including—following certifications are submitted to the congressional defense committees:
changed
A joint certification of the consistent monitoring Secretary of Energy and the current status Secretary of Defense that the industrial base;determination made by the Secretary of Energy and the Secretary of the Navy pursuant to section 3118(c)(1) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1196) and submitted to the congressional defense committees on March 25, 2018, that the United States should not pursue such research and development, no longer reflects the policy of the United States.
changed
tracking A certification of industrial base issues over time; andthe Secretary of the Navy that an advanced naval nuclear fuel system based on low-enriched uranium would not reduce vessel capability, increase expense, or reduce operational availability as a result of refueling requirements.
removed
proactively identifying gaps or risks in specific areas relating to the industrial base.
changed
Provision of resources—Report required— The Not later than 60 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall ensure that the official designated under subsection (a) is provided with resources sufficient submit to conduct the monitoring required by that subsection.congressional defense committees a report on activities conducted using amounts made available for fiscal year 2020 for nonproliferation fuels development, including a description of progress made toward technological or nonproliferation goals.
removed
Consultations— The Administrator, acting through the official designated under subsection (a), shall, to the extent practicable and beneficial, in conducting the monitoring required by that subsection, consult with—
removed
officials of the Department of Defense who are members of the Nuclear Weapons Council established under section 179 of title 10, United States Code;
removed
officials of the Department of Defense responsible for the defense industrial base; and
removed
other components of the Department of Energy that rely on similar components, subsystems, or materials.
removed
Briefings—
removed
Initial briefing— Not later than April 1, 2021, the Administrator shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the designation of the official required by subsection (a), including on—
removed
the responsibilities assigned to that official; and
removed
the plan for providing that official with resources sufficient to conduct the monitoring required by subsection (a).
removed
Subsequent briefings— Not later than April 1, 2022, and annually thereafter through 2024, the Administrator shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on activities carried out under this section that includes an assessment of the progress made by the official designated under subsection (a) in conducting the monitoring required by that subsection.
Sec. 3155 Authorization of appropriations for W93 nuclear warhead program
added In accordance with section 4209(a)(1)(B) of the Atomic Energy Defense Act (50 U.S.C. 2529(a)(1)(B)), funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2021 for the W93 nuclear warhead program as specified in the funding table in section 4701.
removed
In general— None of the funds authorized to be appropriated for the National Nuclear Security Administration for fiscal year 2021 may be obligated or expended to conduct research and development of an advanced naval nuclear fuel system based on low-enriched uranium until the following certifications are submitted to the congressional defense committees:
removed
A joint certification of the Secretary of Energy and the Secretary of Defense that the determination made by the Secretary of Energy and the Secretary of the Navy pursuant to section 3118(c)(1) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1196) and submitted to the congressional defense committees on March 25, 2018, that the United States should not pursue such research and development, no longer reflects the policy of the United States.
removed
A certification of the Secretary of the Navy that an advanced naval nuclear fuel system based on low-enriched uranium would not reduce vessel capability, increase expense, or reduce operational availability as a result of refueling requirements.
removed
Report required— Not later than 60 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall submit to the congressional defense committees a report on activities conducted using amounts made available for fiscal year 2020 for nonproliferation fuels development, including a description of progress made toward technological or nonproliferation goals.
Sec. 3156 Review of future of computing beyond exascale at the National Nuclear Security Administration
added
In general— The Administrator for Nuclear Security, in consultation with the Secretary of Energy, shall enter into an agreement with the National Academy of Science to review the future of computing beyond exascale computing to meet national security needs at the National Nuclear Security Administration.
added
Elements— The review required by subsection (a) shall address the following:
added
Future computing needs of the National Nuclear Security Administration that exascale computing will not accomplish during the 20 years after the date of the enactment of this Act.
added
Computing architectures that potentially can meet those needs, including—
added
classical computing architectures employed as of such date of enactment;
added
quantum computing architectures and other novel computing architectures;
added
hybrid combinations of classical and quantum computing architectures; and
added
other architectures as necessary.
added
The development of software for the computing architectures described in paragraph (2).
added
The maturity of the computing architectures described in paragraph (2) and the software described in paragraph (3), with key obstacles that must be overcome for the employment of such architectures and software.
added
The secure industrial base that exists as of the date of the enactment of this Act to meet the unique needs of computing at the National Nuclear Security Administration, including needs with respect to—
added
personnel;
added
microelectronics; and
added
other appropriate matters.
added
Information and clearances— The Administrator shall ensure that personnel of the National Academy of Sciences overseeing the implementation of the agreement required by subsection (a) or conducting the review required by that subsection receive, in a timely manner, access to information and necessary security clearances to enable the conduct of the review.
added
Report required—
added
In general— Not later than 2 years after the date of the enactment of this Act, the National Academy of Sciences shall submit to the congressional defense committees a report on the findings of the review required by subsection (a).
added
Form— The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.
added
Exascale computing defined— In this section, the term exascale computing means computing through the use of a computing machine that performs near or above 10 to the 18th power floating point operations per second.
removed
In accordance with section 4209(a)(1)(B) of the Atomic Energy Defense Act (50 U.S.C. 2529(a)(1)(B)), funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2021 for the W93 nuclear warhead program as specified in the funding table in section 4701.
Sec. 3157 Application of requirement for independent cost estimates and reviews to new nuclear weapon systems
added Section 4217(b)(1) of the Atomic Energy Defense Act (50 U.S.C. 2537(b)(1)) is amended—
removed
In general— The Administrator for Nuclear Security, in consultation with the Secretary of Energy, shall enter into an agreement with the National Academy of Science to review the future of computing beyond exascale computing to meet national security needs at the National Nuclear Security Administration.
changed
Elements— The review required by subsection (a) shall address the following:in subparagraph (A)—
added
in clause (i), by inserting “, and each new nuclear weapon system at the completion of phase 2A” after “phase 6.2A”;
changed
Future computing needs of the National Nuclear Security Administration that exascale computing will not accomplish during the 20 years after the date of in clause (ii), by inserting “, and each new nuclear weapon system at the enactment completion of this Act.phase 3” after “phase 6.3”; and
changed
Computing architectures that potentially can meet those needs, including—in clause (iii)—
changed
classical computing architectures employed as of such date by inserting “, and each new nuclear weapon system at the completion of enactment;phase 4” after “phase 6.4”; and
changed
quantum computing architectures and other novel computing architectures;by inserting “or 5, as applicable” after “phase 6.5”; and
removed
hybrid combinations of classical and quantum computing architectures; and
removed
other architectures as necessary.
removed
The development of software for the computing architectures described in paragraph (2).
removed
The maturity of the computing architectures described in paragraph (2) and the software described in paragraph (3), with key obstacles that must be overcome for the employment of such architectures and software.
removed
The secure industrial base that exists as of the date of the enactment of this Act to meet the unique needs of computing at the National Nuclear Security Administration, including needs with respect to—
removed
personnel;
removed
microelectronics; and
removed
other appropriate matters.
changed
Information and clearances— The Administrator shall ensure that personnel of the National Academy of Sciences overseeing the implementation of the agreement required by subsection (a) or conducting the review required by that subsection receive, in a timely manner, access to information subparagraph (B), by inserting “, and necessary security clearances to enable each new nuclear weapon system at the conduct completion of the review.phase 2” after “phase 6.2”.
removed
Report required—
removed
In general— Not later than 2 years after the date of the enactment of this Act, the National Academy of Sciences shall submit to the congressional defense committees a report on the findings of the review required by subsection (a).
removed
Form— The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.
removed
Exascale computing defined— In this section, the term exascale computing means computing through the use of a computing machine that performs near or above 10 to the 18th power floating point operations per second.
Sec. 3158 Extension and expansion of limitations on importation of uranium from Russian Federation
added
In general— Section 3112A of the USEC Privatization Act (42 U.S.C. 2297h–10a) is amended—
added
in subsection (a)—
added
by redesignating paragraph (7) as paragraph (8); and
added
by inserting after paragraph (6) the following:
added “(7) Suspension Agreement—The term Suspension Agreement has the meaning given that term in section 3102(13).”
added
in subsection (b)—
added
by striking “United States to support” and inserting the following: “United States—
added “(1) to support”
added
by striking the period at the end and inserting a semicolon; and
added
by adding at the end the following:
added “(2) that reliance on uranium imports raises significant national security concerns;
added “(3) to revive and strengthen the supply chain for nuclear fuel produced and used in the United States; and
added “(4) to expand production of nuclear fuel in the United States.”
added
in subsection (c)—
added
in paragraph (2)—
added
in the matter preceding subparagraph (A), by striking “After” and inserting “Except as provided in subparagraph (B), after”;
removed
Section 4217(b)(1) of the Atomic Energy Defense Act (50 U.S.C. 2537(b)(1)) is amended—
renumbered
was (3)
in subparagraph (A)—
added
in clause (vi), by striking “; and” and inserting a semicolon;
added
in clause (vii), by striking the period at the end and inserting a semicolon; and
added
by adding at the end the following:
added “(viii) in calendar year 2021, 422,038 kilograms;
added “(ix) in calendar year 2022, 415,573 kilograms;
added “(x) in calendar year 2023, 409,445 kilograms;
added “(xi) in calendar year 2024, 404,469 kilograms;
added “(xii) in calendar year 2025, 399,241 kilograms;
added “(xiii) in calendar year 2026, 393,985 kilograms;
added “(xiv) in calendar year 2027, 389,656 kilograms;
added “(xv) in calendar year 2028, 389,656 kilograms;
added “(xvi) in calendar year 2029, 384,905 kilograms;
added “(xvii) in calendar year 2030, 375,882 kilograms;
added “(xviii) in calendar year 2031, 372,171 kilograms;
added “(xix) in calendar year 2032, 364,694 kilograms;
added “(xx) in calendar year 2033, 359,353 kilograms;
added “(xxi) in calendar year 2034, 337,344 kilograms; and
added “(xxii) in calendar year 2035, 333,296 kilograms.”
added
by redesignating subparagraph (B) as subparagraph (D); and
added
by inserting after subparagraph (A) the following:
added “(B) Harmonization with Suspension Agreement
added “(i) In general—If, not later than December 31, 2020, the Department of Commerce and the Russian Federation finalize an amendment to the Suspension Agreement to extend the Agreement, the import limitations under subparagraph (A) for a calendar year shall be superceded by any export limitations, including the associated calculation parameters, agreed to by the Department of Commerce as part of that amendment.
added “(ii) Termination of Suspension Agreement—If the Suspension Agreement terminates or expires, the import limitations specified in subparagraph (A) shall—
added “(I) take effect on the date on which the Suspension Agreement terminates or expires; and
added “(II) apply in addition to any antidumping duties imposed pursuant to title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) with respect to low-enriched uranium produced in the Russian Federation.
added “(C) Separative work units requirement—Not more than 25 percent of the quantity of low-enriched uranium produced in the Russian Federation and imported under subparagraph (A) in any year may be imported under contracts other than contracts exclusively for separative work units.”
added
in paragraph (3), by striking “United States—” and all that follows and inserting the following: “United States for processing and to be certified for reexportation and not for consumption in the United States.”;
added
in paragraph (5)—
added
in subparagraph (A)—
added
by striking “reference data” and all that follows through “2019” and inserting the following: “lower scenario data in the document of the World Nuclear Association entitled “Nuclear Fuel Report: Global Scenarios for Demand and Supply Availability 2019–2040”. In each of calendar years 2023, 2027, and 2031”; and
added
by striking “report or a subsequent report” and inserting “document”;
added
by redesignating subparagraphs (B) and (C) as subpagraphs (C) and (D), respectively;
added
by inserting after subparagraph (A) the following:
added “(B) Report required—Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2021, and every 3 years thereafter, the Secretary shall submit to Congress a report that includes—
added “(i) a recommendation on the use of all publicly available data to ensure accurate forecasting by scenario data to comport to actual demand for low-enriched uranium for nuclear reactors in the United States; and
added “(ii) an identification of the steps to be taken to adjust the import limitations described in paragraph (2)(A) based on the most accurate scenario data.”
added
in subparagraph (D), as redesignated by clause (ii), by striking “subparagraph (B)” and inserting “subparagraph (D)”;
added
in paragraph (6), in the matter preceding subparagraph (A), by striking “the adjustment under paragraph (5)(A)” and inserting “any adjustment under paragraph (2)(B) or (5)(A)”;
added
in paragraph (7)(A), by striking “0.3 percent” and inserting “0.22 percent”;
added
in paragraph (9), by striking “2020” and inserting “2035”;
added
by striking “(2)(B)” each place it appears and inserting “(2)(D)”; and
added
in paragraph (12)(B), by inserting “or the Suspension Agreement” after “the Russian HEU Agreement”.
added
Applicability— The amendments made by subsection (a) apply with respect to uranium imported from the Russian Federation on or after January 1, 2021.
removed
in clause (i), by inserting “, and each new nuclear weapon system at the completion of phase 2A” after “phase 6.2A”;
removed
in clause (ii), by inserting “, and each new nuclear weapon system at the completion of phase 3” after “phase 6.3”; and
removed
in clause (iii)—
removed
by inserting “, and each new nuclear weapon system at the completion of phase 4” after “phase 6.4”; and
removed
by inserting “or 5, as applicable” after “phase 6.5”; and
removed
in subparagraph (B), by inserting “, and each new nuclear weapon system at the completion of phase 2” after “phase 6.2”.
Sec. 3159 Integration of stockpile stewardship and nonproliferation missions
changed
In general—Sense of senate— Section 3112A It is the sense of the USEC Privatization Senate that, in recognition of the close relationships between the nuclear weapons expertise and infrastructure of the national security laboratories (as defined in section 4002 of the Atomic Energy Defense Act (42 (50 U.S.C. 2297h–10a) is amended—2501)), those laboratories should continue to apply their capabilities to assessing, understanding, and countering current and emerging nuclear threats, including the nuclear capabilities of adversaries of the United States.
removed
in subsection (a)—
removed
by redesignating paragraph (7) as paragraph (8); and
removed
by inserting after paragraph (6) the following:
removed
“(7) Suspension Agreement—The term Suspension Agreement has the meaning given that term in section 3102(13).”
removed
in subsection (b)—
removed
by striking “United States to support” and inserting the following: “United States—
removed
“(1) to support”
removed
by striking the period at the end and inserting a semicolon; and
removed
by adding at the end the following:
removed
“(2) that reliance on uranium imports raises significant national security concerns;
removed
“(3) to revive and strengthen the supply chain for nuclear fuel produced and used in the United States; and
removed
“(4) to expand production of nuclear fuel in the United States.”
removed
in subsection (c)—
removed
in paragraph (2)—
removed
in the matter preceding subparagraph (A), by striking “After” and inserting “Except as provided in subparagraph (B), after”;
removed
in subparagraph (A)—
removed
in clause (vi), by striking “; and” and inserting a semicolon;
removed
in clause (vii), by striking the period at the end and inserting a semicolon; and
removed
by adding at the end the following:
removed
“(viii) in calendar year 2021, 422,038 kilograms;
removed
“(ix) in calendar year 2022, 415,573 kilograms;
removed
“(x) in calendar year 2023, 409,445 kilograms;
removed
“(xi) in calendar year 2024, 404,469 kilograms;
removed
“(xii) in calendar year 2025, 399,241 kilograms;
removed
“(xiii) in calendar year 2026, 393,985 kilograms;
removed
“(xiv) in calendar year 2027, 389,656 kilograms;
removed
“(xv) in calendar year 2028, 389,656 kilograms;
removed
“(xvi) in calendar year 2029, 384,905 kilograms;
removed
“(xvii) in calendar year 2030, 375,882 kilograms;
removed
“(xviii) in calendar year 2031, 372,171 kilograms;
removed
“(xix) in calendar year 2032, 364,694 kilograms;
removed
“(xx) in calendar year 2033, 359,353 kilograms;
removed
“(xxi) in calendar year 2034, 337,344 kilograms; and
removed
“(xxii) in calendar year 2035, 333,296 kilograms.”
removed
by redesignating subparagraph (B) as subparagraph (D); and
removed
by inserting after subparagraph (A) the following:
removed
“(B) Harmonization with Suspension Agreement
removed
“(i) In general—If, not later than December 31, 2020, the Department of Commerce and the Russian Federation finalize an amendment to the Suspension Agreement to extend the Agreement, the import limitations under subparagraph (A) for a calendar year shall be superceded by any export limitations, including the associated calculation parameters, agreed to by the Department of Commerce as part of that amendment.
removed
“(ii) Termination of Suspension Agreement—If the Suspension Agreement terminates or expires, the import limitations specified in subparagraph (A) shall—
removed
“(I) take effect on the date on which the Suspension Agreement terminates or expires; and
removed
“(II) apply in addition to any antidumping duties imposed pursuant to title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) with respect to low-enriched uranium produced in the Russian Federation.
removed
“(C) Separative work units requirement—Not more than 25 percent of the quantity of low-enriched uranium produced in the Russian Federation and imported under subparagraph (A) in any year may be imported under contracts other than contracts exclusively for separative work units.”
removed
in paragraph (3), by striking “United States—” and all that follows and inserting the following: “United States for processing and to be certified for reexportation and not for consumption in the United States.”;
removed
in paragraph (5)—
removed
in subparagraph (A)—
removed
by striking “reference data” and all that follows through “2019” and inserting the following: “lower scenario data in the document of the World Nuclear Association entitled “Nuclear Fuel Report: Global Scenarios for Demand and Supply Availability 2019–2040”. In each of calendar years 2023, 2027, and 2031”; and
removed
by striking “report or a subsequent report” and inserting “document”;
removed
by redesignating subparagraphs (B) and (C) as subpagraphs (C) and (D), respectively;
removed
by inserting after subparagraph (A) the following:
removed
“(B) Report required—Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2021, and every 3 years thereafter, the Secretary shall submit to Congress a report that includes—
removed
“(i) a recommendation on the use of all publicly available data to ensure accurate forecasting by scenario data to comport to actual demand for low-enriched uranium for nuclear reactors in the United States; and
removed
“(ii) an identification of the steps to be taken to adjust the import limitations described in paragraph (2)(A) based on the most accurate scenario data.”
removed
in subparagraph (D), as redesignated by clause (ii), by striking “subparagraph (B)” and inserting “subparagraph (D)”;
removed
in paragraph (6), in the matter preceding subparagraph (A), by striking “the adjustment under paragraph (5)(A)” and inserting “any adjustment under paragraph (2)(B) or (5)(A)”;
removed
in paragraph (7)(A), by striking “0.3 percent” and inserting “0.22 percent”;
removed
in paragraph (9), by striking “2020” and inserting “2035”;
removed
by striking “(2)(B)” each place it appears and inserting “(2)(D)”; and
removed
in paragraph (12)(B), by inserting “or the Suspension Agreement” after “the Russian HEU Agreement”.
changed
Applicability—Integration— The amendments made by subsection (a) apply with respect Secretary of Energy shall ensure that the capabilities of the stockpile stewardship program under section 4201 of the Atomic Energy Defense Act (50 U.S.C. 2521) are available to uranium imported from assess proliferation challenges, nuclear capabilities of adversaries of the Russian Federation on or after January 1, 2021.United States, and related safeguards.
Sec. 3160 Technology development and integration program
added The Administrator for Nuclear Security shall establish a technology development and integration program to improve the safety and security of the nuclear weapons stockpile, and to prevent proliferation, through research and development, engineering, and integration of technologies applicable to multiple weapons systems in the stockpile.
removed
Sense of senate— It is the sense of the Senate that, in recognition of the close relationships between the nuclear weapons expertise and infrastructure of the national security laboratories (as defined in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501)), those laboratories should continue to apply their capabilities to assessing, understanding, and countering current and emerging nuclear threats, including the nuclear capabilities of adversaries of the United States.
removed
Integration— The Secretary of Energy shall ensure that the capabilities of the stockpile stewardship program under section 4201 of the Atomic Energy Defense Act (50 U.S.C. 2521) are available to assess proliferation challenges, nuclear capabilities of adversaries of the United States, and related safeguards.
Sec. 3161 Advanced manufacturing development program
changed
The Administrator for Nuclear Security shall establish a technology an advanced manufacturing development and integration program to improve focus on the safety development, demonstration, and security deployment of next-generation processes and manufacturing tools to ensure that the nuclear weapons stockpile, and to prevent proliferation, through research and development, engineering, stockpile is safe and integration of technologies applicable to multiple weapons systems in the stockpile.secure.
Sec. 3162 Materials science program
changed
The Administrator for Nuclear Security shall establish an advanced manufacturing development a materials science program to focus on the development, demonstration, and deployment of next-generation processes and manufacturing tools develop new materials to ensure replace materials that the nuclear are no longer available for weapons stockpile is safe and secure.sustainment.
Sec. 3163 Modifications to Inertial Confinement Fusion Ignition and High Yield Program
added
In general— The Inertial Confinement Fusion Ignition and High Yield Program of the National Nuclear Security Administration (in this section referred to as the “Program”) shall provide the scientific understanding and experimental capabilities required to validate the safety and effectiveness of the nuclear weapons stockpile.
added
Recommendations relating to high energy density physics—
added
Establishment of working group— The Administrator for Nuclear Security shall establish a working group to identify and implement any recommendations issued by the National Academies of Sciences, Engineering, and Medicine as required by section 3137 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).
added
Report required— Not later than March 31, 2021, the Administrator shall submit to the congressional defense committees a report on the timelines for completing implementation of the recommendations described in paragraph (1).
removed
The Administrator for Nuclear Security shall establish a materials science program to develop new materials to replace materials that are no longer available for weapons sustainment.
Sec. 3164 Earned value management program for life extension programs
changed
In general— The Inertial Confinement Fusion Ignition and High Yield Program Subtitle A of the National Nuclear Security Administration (in this section referred to as the “Program”) shall provide title XLII of the scientific understanding and experimental capabilities required to validate Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is amended by adding at the safety and effectiveness of end the nuclear weapons stockpile.following new section:
added “4223. Earned value management program for life extension programs
added “(a) In general—The Administrator shall establish an earned value management program to establish earned value management standards—
added “(1) to ensure specific benchmarks are set for technology readiness for life extension programs; and
added “(2) to ensure that appropriate risk mitigation measures are taken to meet the cost and schedule requirements of such programs.
added “(b) Review of contractor earned value management systems—The Administrator shall enter into an arrangement with an independent entity under which that entity shall review and determine whether the earned value management standards of contractors of the Administration for life extension programs are consistent with the standards established under subsection (a).
added “(c) Reconciliation of cost estimates—The Administrator shall ensure that key decisions of the Administration concerning project milestones in life extension programs are based on a reconciliation of cost estimates of the Administration with any independent cost estimates conducted by the Director of Cost Estimating and Program Evaluation.”
added
Clerical amendment— The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4222 the following new item:
removed
Recommendations relating to high energy density physics—
removed
Establishment of working group— The Administrator for Nuclear Security shall establish a working group to identify and implement any recommendations issued by the National Academies of Sciences, Engineering, and Medicine as required by section 3137 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).
removed
Report required— Not later than March 31, 2021, the Administrator shall submit to the congressional defense committees a report on the timelines for completing implementation of the recommendations described in paragraph (1).
Sec. 3165 Use of high performance computing capabilities for COVID–19 research
added The Secretary of Energy shall make the unclassified high performance computing capabilities of the Department of Energy available for research relating to the coronavirus disease 2019 (commonly known as “COVID–19”) so long as and to the extent that doing so does not negatively affect the stockpile stewardship mission of the National Nuclear Security Administration.
removed
In general— Subtitle A of title XLII of the Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is amended by adding at the end the following new section:
removed
“4223. Earned value management program for life extension programs
removed
“(a) In general—The Administrator shall establish an earned value management program to establish earned value management standards—
removed
“(1) to ensure specific benchmarks are set for technology readiness for life extension programs; and
removed
“(2) to ensure that appropriate risk mitigation measures are taken to meet the cost and schedule requirements of such programs.
removed
“(b) Review of contractor earned value management systems—The Administrator shall enter into an arrangement with an independent entity under which that entity shall review and determine whether the earned value management standards of contractors of the Administration for life extension programs are consistent with the standards established under subsection (a).
removed
“(c) Reconciliation of cost estimates—The Administrator shall ensure that key decisions of the Administration concerning project milestones in life extension programs are based on a reconciliation of cost estimates of the Administration with any independent cost estimates conducted by the Director of Cost Estimating and Program Evaluation.”
removed
Clerical amendment— The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4222 the following new item:
Sec. 3166 Availability of stockpile responsiveness funds for projects to reduce time necessary to execute a nuclear test
changed
The Secretary of Energy shall make From amounts authorized to be appropriated by section 3101 and available, as specified in the unclassified high performance computing capabilities of funding table in section 4701, for the Department Stockpile Responsiveness Program under section 4220 of the Atomic Energy Defense Act (50 U.S.C. 2538b), not less than $10,000,000 shall be made available for research relating to the coronavirus disease 2019 (commonly known as “COVID–19”) so long as and carry out projects related to the extent that doing so does not negatively affect the stockpile stewardship mission of reducing the National Nuclear Security Administration.time required to execute a nuclear test if necessary.
Sec. 3167 Sense of the Senate on extension of limitations on importation of uranium from Russian Federation
changed
From amounts authorized to be appropriated by section 3101 and available, as specified in the funding table in section 4701, for It is the Stockpile Responsiveness Program under section 4220 sense of the Atomic Energy Defense Act (50 U.S.C. 2538b), not less than $10,000,000 shall be made available to carry out projects related to reducing the time required to execute a nuclear test if necessary.Senate that—
added
a secure nuclear fuel supply chain is essential to the economic and national security of the United States;
added
the United States should—
added
expeditiously complete negotiation of an extension of the Agreement Suspending the Antidumping Investigation on Uranium from the Russian Federation (commonly referred to as the “Russian Suspension Agreement”); or
added
if an agreement to extend the Russian Suspension Agreement cannot be reached, complete the antidumping investigation under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) with respect to imports of uranium from the Russian Federation—
added
to avoid unfair trade in uranium and maintain a nuclear fuel supply chain in the United States, consistent with the national security and nonproliferation goals of the United States; and
added
to protect the United States nuclear fuel supply chain from the continued manipulation of the global and United States uranium markets by the Russian Federation and Russian-influenced competitors;
added
a renegotiated, long-term extension of the Russian Suspension Agreement can prevent adversaries of the United States from monopolizing the nuclear fuel supply chain;
added
as was done in 2008, upon completion of a new negotiated long-term extension of the Russian Suspension Agreement, Congress should enact legislation to codify the terms of extension into law to ensure long-term stability for the domestic nuclear fuel supply chain; and
added
if the negotiations to extend the Russian Suspension Agreement prove unsuccessful, Congress should be prepared to enact legislation to prevent the manipulation by the Russian Federation of global uranium markets and potential domination by the Russian Federation of the United States uranium market.
Sec. 4101 Procurement
addedSec. 4102 Procurement for overseas contingency operations
addedSec. 4201 Research, development, test, and evaluation
addedSec. 4202 Research, development, test, and evaluation for overseas contingency operations
addedSec. 4301 Operation and maintenance
addedSec. 4302 Operation and maintenance for overseas contingency operations
addedSec. 4401 Military personnel
addedSec. 4402 Military personnel for overseas contingency operations
addedSec. 4501 Other authorizations
addedSec. 4502 Other authorizations for overseas contingency operations
addedSec. 4601 Military construction
addedSec. 4602 Military construction for overseas contingency operations
addedSec. 4701 Department of Energy national security programs
added
added
Sec. 5111 Report on CH–47F Chinook Block–II upgrade
added
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of the Army, shall submit to the congressional defense committees a report that includes the following elements:
added
An analysis of the warfighting capability currently delivered by the Block I and Block II configurations of H–47 Chinook helicopters.
added
An analysis of the feasibility and advisability of delaying or terminating the CH–47F Chinook Block-II upgrade.
added
A plan to ensure that warfighter capability is not negatively affected by the delay or termination of the CH–47F Chinook Block-II upgrade.
added
Form— The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Sec. 5121 Limitation on alteration of Navy fleet mix
added
added
Sense of Congress— It is the sense of Congress that—
added
the United States shipbuilding and supporting vendor base constitute a national security imperative that is unique and must be protected;
added
a healthy and efficient industrial base continues to be a fundamental driver for achieving and sustaining a successful shipbuilding procurement strategy;
added
without consistent and continuous commitment to steady and predictable acquisition profiles, the industrial base will struggle and some elements may not survive; and
added
proposed reductions in the future-years defense program to the DDG–51 Destroyer procurement profile without a clear transition to procurement of the next Large Surface Combatant would adversely affect the shipbuilding industrial base and long-term strategic objectives of the Navy.
added
Limitation—
added
In general— The Secretary of the Navy may not deviate from the 2016 Navy Force Structure Assessment to implement the results of a new force structure assessment or new annual long-range plan for construction of naval vessels that would reduce the requirement for Large Surface Combatants to fewer than 104 such vessels until the date on which the Secretary of the Navy submits to the congressional defense committees the certification under paragraph (2) and the report under subsection (c).
added
Certification— The certification referred to in paragraph (1) is a certification, in writing, that each of the following conditions have been satisfied:
added
The large surface combatant shipbuilding industrial base and supporting vendor base would not significantly deteriorate due to a reduced procurement profile.
added
The Navy can mitigate the reduction in anti-air and ballistic missile defense capabilities due to having a reduced number of DDG–51 Destroyers with the advanced AN/SPY–6 radar in the next three decades.
added
Report— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report that includes—
added
a description of likely detrimental impacts to the large surface combatant industrial base and the Navy’s plan to mitigate any such impacts if the fiscal year 2021 future-years defense program were implemented as proposed;
added
a review of the benefits to the Navy fleet of the new AN/SPY–6 radar to be deployed aboard Flight III variant DDG–51 Destroyers, which are currently under construction, as well as an analysis of impacts to the fleet’s warfighting capabilities, should the number of such destroyers be reduced; and
added
a plan to fully implement section 131 of the National Defense Authorization for Fiscal Year 2020 (Public Law 116–92), including subsystem prototyping efforts and funding by fiscal year.
Sec. 5211 Importance of historically Black colleges and universities and minority-serving institutions
added
added
Increase— Funds authorized to be appropriated in Research, Development, Test, and Evaluation, Defense-wide, PE 0601228D8Z, section 4201, for Basic Research, Historically Black Colleges and Universities/Minority Institutions, Line 006, are hereby increased by $14,025,000.
added
Offset— Funding in section 4101 for Other Procurement, Army, for Automated Data Processing Equipment, Line 112, is hereby reduced by $14,025,000.
Sec. 5221 National coordinating entity for sustainable chemistry
added
added
Establishment— Not later than 180 days after the date of enactment of this title, the Director of the Office of Science and Technology Policy shall convene an interagency entity (referred to in this title as the “Entity”) under the National Science and Technology Council with the responsibility to coordinate Federal programs and activities in support of sustainable chemistry, including those described in sections __3 and __4.
added
Coordination with existing groups— In convening the Entity, the Director of the Office of Science and Technology Policy shall consider overlap and possible coordination with existing committees, subcommittees, or other groups of the National Science and Technology Council, such as—
added
the Committee on Environment;
added
the Committee on Technology;
added
the Committee on Science; or
added
related groups or subcommittees.
added
Co-chairs— The Entity shall be co-chaired by the Director of the Office of Science and Technology Policy and a representative from the Environmental Protection Agency, the National Institute of Standards and Technology, the National Science Foundation, or the Department of Energy, as selected by the Director of the Office of Science and Technology Policy.
added
Agency participation— The Entity shall include representatives, including subject matter experts, from the Environmental Protection Agency, the National Institute of Standards and Technology, the National Science Foundation, the Department of Energy, the Department of Agriculture, the Department of Defense, the National Institutes of Health, the Centers for Disease Control and Prevention, the Food and Drug Administration, and other related Federal agencies, as appropriate.
added
Termination— The Entity shall terminate on the date that is 10 years after the date of enactment of this title.
Sec. 5222 Strategic plan for sustainable chemistry
added
added
Strategic plan— Not later than 2 years after the date of enactment of this title, the Entity shall—
added
consult with relevant stakeholders, including representatives from industry, academia, national labs, the Federal Government, and international entities, to develop and update, as needed, a consensus definition of “sustainable chemistry” to guide the activities under this title;
added
develop a working framework of attributes characterizing and metrics for assessing sustainable chemistry, as described in subsection (b);
added
assess the state of sustainable chemistry in the United States as a key benchmark from which progress under the activities described in this title can be measured, including assessing key sectors of the United States economy, key technology platforms, commercial priorities, and barriers to innovation;
added
coordinate and support Federal research, development, demonstration, technology transfer, commercialization, education, and training efforts in sustainable chemistry, including budget coordination and support for public-private partnerships, as appropriate;
added
identify any Federal regulatory barriers to, and opportunities for, Federal agencies facilitating the development of incentives for development, consideration and use of sustainable chemistry processes and products;
added
identify major scientific challenges, roadblocks, or hurdles to transformational progress in improving the sustainability of the chemical sciences; and
added
review, identify, and make effort to eliminate duplicative Federal funding and duplicative Federal research in sustainable chemistry.
added
Characterizing and assessing sustainable chemistry— The Entity shall develop a working framework of attributes characterizing and metrics for assessing sustainable chemistry for the purposes of carrying out the title. In developing this framework, the Entity shall—
added
seek advice and input from stakeholders as described in subsection (c);
added
consider existing definitions of, or frameworks characterizing and metrics for assessing, sustainable chemistry already in use at Federal agencies;
added
consider existing definitions of, or frameworks characterizing and metrics for assessing, sustainable chemistry already in use by international organizations of which the United States is a member, such as the Organisation for Economic Co-operation and Development; and
added
consider any other appropriate existing definitions of, or frameworks characterizing and metrics for assessing, sustainable chemistry.
added
Consultation— In carrying out the duties described in subsections (a) and (b), the Entity shall consult with stakeholders qualified to provide advice and information to guide Federal activities related to sustainable chemistry through workshops, requests for information, or other mechanisms as necessary. The stakeholders shall include representatives from—
added
business and industry (including trade associations and small- and medium-sized enterprises from across the value chain);
added
the scientific community (including the National Academies of Sciences, Engineering, and Medicine, scientific professional societies, national labs, and academia);
added
the defense community;
added
State, tribal, and local governments, including nonregulatory State or regional sustainable chemistry programs, as appropriate;
added
nongovernmental organizations; and
added
other appropriate organizations.
added
Report to congress—
added
In general— Not later than 2 years after the date of enactment of this Act, the Entity shall submit a report to the Committee on Environment and Public Works, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate, and the Committee on Science, Space, and Technology, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives. In addition to the elements described in subsections (a) and (b), the report shall include—
added
a summary of federally funded, sustainable chemistry research, development, demonstration, technology transfer, commercialization, education, and training activities;
added
a summary of the financial resources allocated to sustainable chemistry initiatives by each participating agency;
added
an assessment of the current state of sustainable chemistry in the United States, including the role that Federal agencies are playing in supporting it;
added
an analysis of the progress made toward achieving the goals and priorities of this Act, and recommendations for future program activities;
added
an evaluation of steps taken and future strategies to avoid duplication of efforts, streamline interagency coordination, facilitate information sharing, and spread best practices among participating agencies; and
added
an evaluation of duplicative Federal funding and duplicative Federal research in sustainable chemistry, efforts undertaken by the Entity to eliminate duplicative funding and research, and recommendations on how to achieve these goals.
added
Submission to GAO— The Entity shall also submit the report described in paragraph (1) to the Comptroller General of the United States for consideration in future Congressional inquiries.
added
Additional reports— The Entity shall submit a report to Congress and the Comptroller General of the United States that incorporates the information described in subparagraphs (A), (B), (D), (E), and (F) of paragraph (1) every 3 years, commencing after the initial report is submitted until the Entity terminates.
Sec. 5223 Agency activities in support of sustainable chemistry
added
added
In general— The agencies participating in the Entity shall carry out activities in support of sustainable chemistry, as appropriate to the specific mission and programs of each agency.
added
Activities— The activities described in subsection (a) shall—
added
incorporate sustainable chemistry into existing research, development, demonstration, technology transfer, commercialization, education, and training programs, that the agency determines to be relevant, including consideration of—
added
merit-based competitive grants to individual investigators and teams of investigators, including, to the extent practicable, early career investigators for research and development;
added
grants to fund collaborative research and development partnerships among universities, industry, and nonprofit organizations;
added
coordination of sustainable chemistry research, development, demonstration, and technology transfer conducted at Federal laboratories and agencies;
added
incentive prize competitions and challenges in coordination with such existing Federal agency programs; and
added
grants, loans, and loan guarantees to aid in the technology transfer and commercialization of sustainable chemicals, materials, processes, and products;
added
collect and disseminate information on sustainable chemistry research, development, technology transfer, and commercialization, including information on accomplishments and best practices;
added
expand the education and training of students at appropriate levels of education, professional scientists and engineers, and other professionals involved in all aspects of sustainable chemistry and engineering appropriate to that level of education and training, including through—
added
partnerships with industry as described in section __4;
added
support for the integration of sustainable chemistry principles into chemistry and chemical engineering curriculum and research training, as appropriate to that level of education and training; and
added
support for integration of sustainable chemistry principles into existing or new professional development opportunities for professionals including teachers, faculty, and individuals involved in laboratory research (product development, materials specification and testing, life cycle analysis, and management);
added
as relevant to an agency’s programs, examine methods by which the Federal agencies, in collaboration and consultation with the National Institute of Standards and Technology, may facilitate the development or recognition of validated, standardized tools for performing sustainability assessments of chemistry processes or products;
added
through programs identified by an agency, support (including through technical assistance, participation, financial support, communications tools, awards, or other forms of support) outreach and dissemination of sustainable chemistry advances such as non-Federal symposia, forums, conferences, and publications in collaboration with, as appropriate, industry, academia, scientific and professional societies, and other relevant groups;
added
provide for public input and outreach to be integrated into the activities described in this section by the convening of public discussions, through mechanisms such as public meetings, consensus conferences, and educational events, as appropriate;
added
within each agency, develop or adapt metrics to track the outputs and outcomes of the programs supported by that agency; and
added
incentivize or recognize actions that advance sustainable chemistry products, processes, or initiatives, including through the establishment of a nationally recognized awards program through the Environmental Protection Agency to identify, publicize, and celebrate innovations in sustainable chemistry and chemical technologies.
added
Limitations— Financial support provided under this section shall—
added
be available only for pre-competitive activities; and
added
not be used to promote the sale of a specific product, process, or technology, or to disparage a specific product, process, or technology.
Sec. 5224 Partnerships in sustainable chemistry
added
added
In general— The agencies participating in the Entity may facilitate and support, through financial, technical, or other assistance, the creation of partnerships between institutions of higher education, nongovernmental organizations, consortia, or companies across the value chain in the chemical industry, including small- and medium-sized enterprises, to—
added
create collaborative sustainable chemistry research, development, demonstration, technology transfer, and commercialization programs; and
added
train students and retrain professional scientists, engineers, and others involved in materials specification on the use of sustainable chemistry concepts and strategies by methods, including—
added
developing or recognizing curricular materials and courses for undergraduate and graduate levels and for the professional development of scientists, engineers, and others involved in materials specification; and
added
publicizing the availability of professional development courses in sustainable chemistry and recruiting professionals to pursue such courses.
added
Private sector participation— To be eligible for support under this section, a partnership in sustainable chemistry shall include at least one private sector organization.
added
Selection of partnerships— In selecting partnerships for support under this section, the agencies participating in the Entity shall also consider the extent to which the applicants are willing and able to demonstrate evidence of support for, and commitment to, the goals outlined in the strategic plan and report described in section __2.
added
Prohibited use of funds— Financial support provided under this section may not be used—
added
to support or expand a regulatory chemical management program at an implementing agency under a State law;
added
to construct or renovate a building or structure; or
added
to promote the sale of a specific product, process, or technology, or to disparage a specific product, process, or technology.
Sec. 5225 Prioritization
addedadded In carrying out this Act, the Entity shall focus its support for sustainable chemistry activities on those that achieve, to the highest extent practicable, the goals outlined in the title.
Sec. 5226 Rule of construction
addedadded Nothing in this title shall be construed to alter or amend any State law or action with regard to sustainable chemistry, as defined by the State.
Sec. 5227 Major multi-user research facility project
addedadded Section 110 of the American Innovation and Competitiveness Act (42 U.S.C. 1862s–2) is amended by striking (g)(2) and inserting the following:
added “(2) Major multi-user research facility project—The term “major multi-user research facility project” means a science and engineering facility project that exceeds $100,000,000 in total construction, acquisition, or upgrade costs to the Foundation.”
Sec. 5231 Improving National Initiative for Cybersecurity Education
added
added
Program improvements generally— Subsection (a) of section 401 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7451) is amended—
added
in paragraph (5), by striking “; and” and inserting a semicolon;
added
by redesignating paragraph (6) as paragraph (10); and
added
by inserting after paragraph (5) the following:
added “(6) supporting efforts to identify cybersecurity workforce skill gaps in public and private sectors;
added “(7) facilitating Federal programs to advance cybersecurity education, training, and workforce;
added “(8) in coordination with the Department of Defense and the Department of Homeland Security, considering any specific needs of the cybersecurity workforce of critical infrastructure, to include cyber physical systems and control systems;
added “(9) advising the Director of the Office of Management and Budget, as needed in, developing metrics to measure the effectiveness and effect of programs and initiatives to advance the cybersecurity workforce; and”
added
Strategic plan— Subsection (c) of such section is amended—
added
by striking “The Director” and inserting the following:
added “(1) In general—The Director”
added
by adding at the end the following:
added “(2) Requirement—The strategic plan developed and implemented under paragraph (1) shall include an indication of how the Director will carry out this section.”
added
Cybersecurity career pathways—
added
Identification of multiple cybersecurity career pathways— In carrying out subsection (a) of such section and not later than 540 days after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall, in coordination with the Secretary of Defense, the Secretary of Homeland Security, and the Director of the Office of Personnel Management, use a consultative process with other Federal agencies, academia, and industry to identify multiple career pathways for cybersecurity work roles that can be used in the private and public sectors.
added
Requirements— The Director shall ensure that the multiple cybersecurity career pathways identified under paragraph (1) indicate the knowledge, skills, and abilities, including relevant education, training, apprenticeships, certifications, and other experiences, that—
added
align with employers’ cybersecurity skill needs, including proficiency level requirements, for its workforce; and
added
prepare an individual to be successful in entering or advancing in a cybersecurity career.
added
Exchange program— Consistent with requirements under chapter 37 of title 5, United States Code, the Director of the National Institute of Standards and Technology, in coordination with the Director of the Office of Personnel Management, may establish a voluntary program for the exchange of employees engaged in one of the cybersecurity work roles identified in the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NIST Special Publication 800–181), or successor framework, between the National Institute of Standards and Technology and private sector institutions, including a nonpublic or commercial business, a research institution, or an institution of higher education, as the Director of the National Institute of Standards and Technology considers feasible.
added
Proficiency To perform cybersecurity tasks— Not later than 540 days after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall, in coordination with the Secretary of Defense and the Secretary of Homeland Security—
added
in carrying out subsection (a) of such section, assess the scope and sufficiency of efforts to measure a learner's capability to perform specific tasks found in the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NIST Special Publication 800–181) at all proficiency levels; and
added
submit to Congress a report—
added
on the findings of the Director with respect to the assessment carried out under paragraph (1); and
added
with recommendations for effective methods for measuring the cybersecurity proficiency of learners.
added
Cybersecurity metrics— Such section is further amended by adding at the end the following:
added “(e) Cybersecurity metrics—In carrying out subsection (a), the Director of the Office of Management and Budget may seek input from the Director of the National Institute of Standards and Technology, in coordination with the Department of Homeland Security, the Office of Personnel Management, and such agencies as the Director of the National Institute of Standards and Technology considers relevant, shall develop repeatable measures and reliable metrics for measuring and evaluating Federally funded cybersecurity workforce programs and initiatives based on the outcomes of such programs and initiatives.”
added
Regional alliances and multistakeholder partnerships— Such section is further amended by adding at the end the following:
added “(f) Regional alliances and multistakeholder partnerships
added “(1) In general—Pursuant to section 2(b)(4) of the National Institute of Standards and Technology Act (15 U.S.C. 272(b)(4)), the Director shall establish cooperative agreements between the National Initiative for Cybersecurity Education (NICE) of the Institute and regional alliances or partnerships for cybersecurity education and workforce.
added “(2) Agreements—The cooperative agreements established under paragraph (1) shall advance the goals of the National Initiative for Cybersecurity Education Cybersecurity Workforce Framework (NIST Special Publication 800–181), or successor framework, by facilitating local and regional partnerships—
added “(A) to identify the workforce needs of the local economy and classify such workforce in accordance with such framework;
added “(B) to identify the education, training, apprenticeship, and other opportunities available in the local economy; and
added “(C) to support opportunities to meet the needs of the local economy.
added “(3) Financial assistance
added “(A) Financial assistance authorized—The Director may award financial assistance to a regional alliance or partnership with whom the Director enters into a cooperative agreement under paragraph (1) in order to assist the regional alliance or partnership in carrying out the term of the cooperative agreement.
added “(B) Amount of assistance—The aggregate amount of financial assistance awarded under subparagraph (A) per cooperative agreement shall not exceed $200,000.
added “(C) Matching requirement—The Director may not award financial assistance to a regional alliance or partnership under subparagraph (A) unless the regional alliance or partnership agrees that, with respect to the costs to be incurred by the regional alliance or partnership in carrying out the cooperative agreement for which the assistance was awarded, the regional alliance or partnership will make available (directly or through donations from public or private entities) non-Federal contributions in an amount equal to 50 percent of Federal funds provided under the award.
added “(4) Application
added “(A) In general—A regional alliance or partnership seeking to enter into a cooperative agreement under paragraph (1) and receive financial assistance under paragraph (3) shall submit to the Director an application therefore at such time, in such manner, and containing such information as the Director may require.
added “(B) Requirements—Each application submitted under subparagraph (A) shall include the following:
added “(i)
added “(I) A plan to establish (or identification of, if it already exists) a multistakeholder workforce partnership that includes—
added “(aa) at least one institution of higher education or nonprofit training organization; and
added “(bb) at least one local employer or owner or operator of critical infrastructure.
added “(II) Participation from Federal Cyber Scholarships for Service organizations, advanced technological education programs, elementary and secondary schools, training and certification providers, State and local governments, economic development organizations, or other community organizations is encouraged.
added “(ii) A description of how the workforce partnership would identify the workforce needs of the local economy.
added “(iii) A description of how the multistakeholder workforce partnership would leverage the programs and objectives of the National Initiative for Cybersecurity Education, such as the Cybersecurity Workforce Framework and the strategic plan of such initiative.
added “(iv) A description of how employers in the community will be recruited to support internships, externships, apprenticeships, or cooperative education programs in conjunction with providers of education and training. Inclusion of programs that seek to include women, minorities, or veterans is encouraged.
added “(v) A definition of the metrics that will be used to measure the success of the efforts of the regional alliance or partnership under the agreement.
added “(C) Priority consideration—In awarding financial assistance under paragraph (3)(A), the Director shall give priority consideration to a regional alliance or partnership that includes an institution of higher education which receives an award under the Federal Cyber Scholarship for Service program located in the State or region of the regional alliance or partnership.
added “(5) Audits—Each cooperative agreement for which financial assistance is awarded under paragraph (3) shall be subject to audit requirements under part 200 of title 2, Code of Federal Regulations (relating to uniform administrative requirements, cost principles, and audit requirements for Federal awards), or successor regulation.
added “(6) Reports
added “(A) In general—Upon completion of a cooperative agreement under paragraph (1), the regional alliance or partnership that participated in the agreement shall submit to the Director a report on the activities of the regional alliance or partnership under the agreement, which may include training and education outcomes.
added “(B) Contents—Each report submitted under subparagraph (A) by a regional alliance or partnership shall include the following:
added “(i) An assessment of efforts made by the regional alliance or partnership to carry out paragraph (2).
added “(ii) The metrics used by the regional alliance or partnership to measure the success of the efforts of the regional alliance or partnership under the cooperative agreement.”
added
Transfer of section—
added
Transfer— Such section is transferred to the end of title III of such Act and redesignated as section 303.
added
Repeal— Title IV of such Act is repealed.
added
Clerical— The table of contents in section 1(b) of such Act is amended—
added
by striking the items relating to title IV and section 401; and
added
by inserting after the item relating to section 302 the following:
added
Conforming amendments—
added
Section 302(3) of the Federal Cybersecurity Workforce Assessment Act of 2015 (Public Law 114–113) is amended by striking “under section 401 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7451)” and inserting “under section 303 of the Cybersecurity Enhancement Act of 2014 (Public Law 113–274)”.
added
Section 2(c)(3) of the NIST Small Business Cybersecurity Act (Public Law 115–236) is amended by striking “under section 401 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7451)” and inserting “under section 303 of the Cybersecurity Enhancement Act of 2014 (Public Law 113–274)”.
added
Section 302(f) of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442(f)) is amended by striking “under section 401” and inserting “under section 303”.
Sec. 5232 Development of standards and guidelines for improving cybersecurity workforce of Federal agencies
added
added
In general— Section 20(a) of the National Institute of Standards and Technology Act (15 U.S.C. 278g–3(a)) is amended—
added
in paragraph (3), by striking “; and” and inserting a semicolon;
added
in paragraph (4), by striking the period at the end and inserting “; and”; and
added
by adding at the end the following:
added “(5) identify and develop standards and guidelines for improving the cybersecurity workforce for an agency as part of the National Initiative for Cybersecurity Education (NICE) Cybersecurity Workforce Framework (NIST Special Publication 800–181), or successor framework.”
added
Publication of standards and guidelines on cybersecurity awareness— Not later than 3 years after the date of the enactment of this Act and pursuant to section 20 of the National Institute of Standards and Technology Act (15 U.S.C. 278g–3), the Director of the National Institute of Standards and Technology shall publish standards and guidelines for improving cybersecurity awareness of employees and contractors of Federal agencies.
Sec. 5233 Modifications to Federal cyber scholarship-for-service program
addedadded Section 302 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442) is amended—
added
in subsection (b)—
added
in paragraph (2), by striking “information technology” and inserting “information technology and cybersecurity”;
added
by amending paragraph (3) to read as follows:
added “(3) prioritize the placement of scholarship recipients fulfilling the post-award employment obligation under this section to ensure that—
added “(A) not less than 70 percent of such recipients are placed in an executive agency (as defined in section 105 of title 5, United States Code);
added “(B) not more than 10 percent of such recipients are placed as educators in the field of cybersecurity at qualified institutions of higher education that provide scholarships under this section; and
added “(C) not more than 20 percent of such recipients are placed in positions described in paragraphs (2) through (5) of subsection (d); and”
added
in paragraph (4), in the matter preceding subparagraph (A), by inserting “, including by seeking to provide awards in coordination with other relevant agencies for summer cybersecurity camp or other experiences, including teacher training, in each of the 50 States,” after “cybersecurity education”;
added
in subsection (d)—
added
in paragraph (4), by striking “or” at the end;
added
in paragraph (5), by striking the period at the end and inserting “; or”; and
added
by adding at the end the following:
added “(6) as provided by subsection (b)(3)(B), a qualified institution of higher education.”
added
in subsection (m)—
added
in paragraph (1), in the matter preceding subparagraph (A), by striking “cyber” and inserting “cybersecurity”; and
added
in paragraph (2), by striking “cyber” and inserting “cybersecurity”.
Sec. 5234 Modifications to Federal cyber scholarship-for-service program
addedadded Section 302 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442) is amended—
added
in subsection (f)—
added
in paragraph (4), by striking “; and” and inserting a semicolon; and
added
by striking paragraph (5) and inserting the following:
added “(5) enter into an agreement accepting and acknowledging the post award employment obligations, pursuant to section (d);
added “(6) accept and acknowledge the conditions of support under section (g); and
added “(7) accept all terms and conditions of a scholarship under this section.”
added
in subsection (g)—
added
in paragraph (1), by inserting “the Office of Personnel Management, in coordination with the National Science Foundation, and” before “the qualified institution”;
added
in paragraph (2)—
added
in subparagraph (D), by striking “; or” and inserting a semicolon; and
added
by striking subparagraph (E) and inserting the following:
added “(E) fails to maintain or fulfill any of the post-graduation or post-award obligations or requirements of the individual; or
added “(F) fails to fulfill the requirements of paragraph (1).”
added
in subsection (h)(2), by inserting “and the Director of the Office of Personnel Management” after “Foundation”;
added
in subsection (k)(1)(A), by striking “and the Director” and all that follows and inserting “, the Director of the National Science Foundation, and the Director of the Office of Personnel Management of the amounts owed; and”; and
added
in subsection (m)(2), by striking “once every 3 years” and all that follows and inserting “once every 2 years, to the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Science, Space, and Technology and the Committee on Oversight and Reform of the House of Representatives a report, including—”
added
“the results of the evaluation under paragraph (1); ”
added
“the disparity in any reporting between scholarship recipients and their respective institutions of higher education; and ”
added
“any recent statistics regarding the size, composition, and educational requirements of the Federal cyber workforce. ”
Sec. 5235 Cybersecurity in programs of the National Science Foundation
added
added
Computer science and cybersecurity education research— Section 310 of the American Innovation and Competitiveness Act (42 U.S.C. 1862s–7) is amended—
added
in subsection (b)—
added
in paragraph (1), by inserting “and cybersecurity” after “computer science”; and
added
in paragraph (2)—
added
in subparagraph (C), by striking “; and” and inserting a semicolon;
added
in subparagraph (D), by striking the period at the end and inserting “; and”; and
added
by adding at the end the following:
added “(E) tools and models for the integration of cybersecurity and other interdisciplinary efforts into computer science education and computational thinking at secondary and postsecondary levels of education.”
added
in subsection (c), by inserting “, cybersecurity,” after “computing”.
added
Scientific and technical education— Section 3(j)(9) of the Scientific and Advanced-Technology Act of 1992 (42 U.S.C. 1862i(j)(9)) is amended by inserting “and cybersecurity” after “computer science”.
added
Low-Income scholarship program— Section 414(d) of the American Competitiveness and Workforce Improvement Act of 1998 (42 U.S.C. 1869c) is amended—
added
in paragraph (1), by striking “or computer science” and inserting “computer science, or cybersecurity”; and
added
in paragraph (2)(A)(iii), by inserting “cybersecurity,” after “computer science,”.
added
Scholarships and graduate fellowships— The Director of the National Science Foundation shall ensure that students pursuing master's degrees and doctoral degrees in fields relating to cybersecurity are considered as applicants for scholarships and graduate fellowships under the Graduate Research Fellowship Program under section 10 of the National Science Foundation Act of 1950 (42 U.S.C. 1869).
added
Presidential awards for teaching excellence— The Director of the National Science Foundation shall ensure that educators and mentors in fields relating to cybersecurity can be considered for—
added
Presidential Awards for Excellence in Mathematics and Science Teaching made under section 117 of the National Science Foundation Authorization Act of 1988 (42 U.S.C. 1881b); and
added
Presidential Awards for Excellence in STEM Mentoring administered under section 307 of the American Innovation and Competitiveness Act (42 U.S.C. 1862s–6).
Sec. 5236 Cybersecurity in STEM programs of the National Aeronautics and Space Administration
addedadded In carrying out any STEM education program of the National Aeronautics and Space Administration (referred to in this section as “NASA”), including a program of the Office of STEM Engagement, the Administrator of NASA shall, to the maximum extent practicable, encourage the inclusion of cybersecurity education opportunities in such program.
Sec. 5237 Cybersecurity in Department of Transportation programs
added
added
University transportation centers program— Section 5505 of title 49, United States Code, is amended—
added
in subsection (a)(2)(C), by inserting “in the matters described in subparagraphs (A) through (G) of section 6503(c)(1)” after “transportation leaders”; and
added
in subsection (c)(3)(E)—
added
by inserting “, including the cybersecurity implications of technologies relating to connected vehicles, connected infrastructure, and autonomous vehicles” after “autonomous vehicles”; and
added
by striking “The Secretary” and inserting the following:
added
In general— A regional university transportation center receiving a grant under this paragraph shall carry out research focusing on 1 or more of the matters described in subparagraphs (A) through (G) of section 6503(c)(1).
added
Focused objectives— The Secretary”.
added
Transportation research and development 5-Year strategic plan— Section 6503(c)(1) of title 49, United States Code, is amended—
added
in subparagraph (E), by striking “and” at the end;
added
in subparagraph (F), by inserting “and” after the semicolon at the end; and
added
by adding at the end the following:
added “(G) reducing transportation cybersecurity risks;”
Sec. 5238 National Cybersecurity Challenges
added
added
In general— Title II of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7431 et seq.) is amended by adding at the end the following:
added “205. National Cybersecurity Challenges
added “(a) Establishment of national cybersecurity challenges
added “(1) In general—To achieve high-priority breakthroughs in cybersecurity by 2028, the Secretary of Commerce shall establish the following national cybersecurity challenges:
added “(A) Economics of a cyber attack—Building more resilient systems that measurably and exponentially raise adversary costs of carrying out common cyber attacks.
added “(B) Cyber training
added “(i) Empowering the people of the United States with an appropriate and measurably sufficient level of digital literacy to make safe and secure decisions online.
added “(ii) Developing a cybersecurity workforce with measurable skills to protect and maintain information systems.
added “(C) Emerging technology—Advancing cybersecurity efforts in response to emerging technology, such as artificial intelligence, quantum science, and next generation communications technologies.
added “(D) Reimagining digital identity—Maintaining a high sense of usability while improving the security and safety of online activity of individuals in the United States.
added “(E) Federal agency resilience—Reducing cybersecurity risks to Federal networks and systems, and improving the response of Federal agencies to cybersecurity incidents on such networks and systems.
added “(2) Coordination—In establishing the challenges under paragraph (1), the Secretary shall coordinate with the Secretary of Homeland Security on the challenges under subparagraphs (B) and (E) of such paragraph.
added “(b) Pursuit of national cybersecurity challenges
added “(1) In general—Not later than 180 days after the date of the enactment of this section, the Secretary, acting through the Under Secretary of Commerce for Standards and Technology, shall commence efforts to pursue the national cybersecurity challenges established under subsection (a).
added “(2) Competitions—The efforts required by paragraph (1) shall include carrying out programs to award prizes, including cash and noncash prizes, competitively pursuant to the authorities and processes established under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) or any other applicable provision of law.
added “(3) Additional authorities—In carrying out paragraph (1), the Secretary may enter into and perform such other transactions as the Secretary considers necessary and on such terms as the Secretary considers appropriate.
added “(4) Coordination—In pursuing national cybersecurity challenges under paragraph (1), the Secretary shall coordinate with the following:
added “(A) The Director of the National Science Foundation.
added “(B) The Secretary of Homeland Security.
added “(C) The Director of the Defense Advanced Research Projects Agency.
added “(D) The Director of the Office of Science and Technology Policy.
added “(E) The Director of the Office of Management and Budget.
added “(F) The Administrator of the General Services Administration.
added “(G) The Federal Trade Commission.
added “(H) The heads of such other Federal agencies as the Secretary of Commerce considers appropriate for purposes of this section.
added “(5) Solicitation of acceptance of funds
added “(A) In general—Pursuant to section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719), the Secretary shall request and accept funds from other Federal agencies, State, United States territory, local, or tribal government agencies, private sector for-profit entities, and nonprofit entities to support efforts to pursue a national cybersecurity challenge under this section.
added “(B) Rule of construction—Nothing in subparagraph (A) shall be construed to require any person or entity to provide funds or otherwise participate in an effort or competition under this section.
added “(c) Recommendations
added “(1) In general—In carrying out this section, the Secretary of Commerce shall designate an advisory council to seek recommendations.
added “(2) Elements—The recommendations required by paragraph (1) shall include the following:
added “(A) A scope for efforts carried out under subsection (b).
added “(B) Metrics to assess submissions for prizes under competitions carried out under subsection (b) as the submissions pertain to the national cybersecurity challenges established under subsection (a).
added “(3) No additional compensation—The Secretary may not provide any additional compensation, except for travel expenses, to a member of the advisory council designated under paragraph (1) for participation in the advisory council.”
added
Conforming amendments— Section 201(a)(1) of such Act is amended—
added
in subparagraph (J), by striking “; and” and inserting a semicolon;
added
by redesignating subparagraph (K) as subparagraph (L); and
added
by inserting after subparagraph (J) the following:
added “(K) implementation of section 205 through research and development on the topics identified under subsection (a) of such section; and”
added
Clerical amendment— The table of contents in section 1(b) of such Act is amended by inserting after the item relating to section 204 the following:
Sec. 5239 Internet of Things
added
added
Definitions— In this section:
added
Commission— The term Commission means the Federal Communications Commission.
added
Secretary— The term Secretary means the Secretary of Commerce.
added
Steering committee— The term steering committee means the steering committee established under subsection (b)(5)(A).
added
Working group— The term working group means the working group convened under subsection (b)(1).
added
Federal working group—
added
In general— The Secretary shall convene a working group of Federal stakeholders for the purpose of providing recommendations and a report to Congress relating to the aspects of the Internet of Things described in paragraph (2).
added
Duties— The working group shall—
added
identify any Federal regulations, statutes, grant practices, budgetary or jurisdictional challenges, and other sector-specific policies that are inhibiting, or could inhibit, the development or deployment of the Internet of Things;
added
consider policies or programs that encourage and improve coordination among Federal agencies that have responsibilities that are relevant to the objectives of this section;
added
consider any findings or recommendations made by the steering committee and, where appropriate, act to implement those recommendations;
added
examine—
added
how Federal agencies can benefit from utilizing the Internet of Things;
added
the use of Internet of Things technology by Federal agencies as of the date on which the working group performs the examination;
added
the preparedness and ability of Federal agencies to adopt Internet of Things technology as of the date on which the working group performs the examination and in the future; and
added
any additional security measures that Federal agencies may need to take to—
added
safely and securely use the Internet of Things, including measures that ensure the security of critical infrastructure; and
added
enhance the resiliency of Federal systems against cyber threats to the Internet of Things; and
added
in carrying out the examinations required under subclauses (I) and (II) of subparagraph (D)(iv), ensure to the maximum extent possible the coordination of the current and future activities of the Federal Government relating to security with respect to the Internet of Things.
added
Agency representatives— In convening the working group under paragraph (1), the Secretary shall have discretion to appoint representatives from Federal agencies and departments as appropriate and shall specifically consider seeking representation from—
added
the Department of Commerce, including—
added
the National Telecommunications and Information Administration;
added
the National Institute of Standards and Technology; and
added
the National Oceanic and Atmospheric Administration;
added
the Department of Transportation;
added
the Department of Homeland Security;
added
the Office of Management and Budget;
added
the National Science Foundation;
added
the Commission;
added
the Federal Trade Commission;
added
the Office of Science and Technology Policy;
added
the Department of Energy; and
added
the Federal Energy Regulatory Commission.
added
Nongovernmental stakeholders— The working group shall consult with nongovernmental stakeholders with expertise relating to the Internet of Things, including—
added
the steering committee;
added
information and communications technology manufacturers, suppliers, service providers, and vendors;
added
subject matter experts representing industrial sectors other than the technology sector that can benefit from the Internet of Things, including the transportation, energy, agriculture, and health care sectors;
added
small, medium, and large businesses;
added
think tanks and academia;
added
nonprofit organizations and consumer groups;
added
security experts;
added
rural stakeholders; and
added
other stakeholders with relevant expertise, as determined by the Secretary.
added
Steering committee—
added
Establishment— There is established within the Department of Commerce a steering committee to advise the working group.
added
Duties— The steering committee shall advise the working group with respect to—
added
the identification of any Federal regulations, statutes, grant practices, programs, budgetary or jurisdictional challenges, and other sector-specific policies that are inhibiting, or could inhibit, the development of the Internet of Things;
added
situations in which the use of the Internet of Things is likely to deliver significant and scalable economic and societal benefits to the United States, including benefits from or to—
added
smart traffic and transit technologies;
added
augmented logistics and supply chains;
added
sustainable infrastructure;
added
precision agriculture;
added
environmental monitoring;
added
public safety; and
added
health care;
added
whether adequate spectrum is available to support the growing Internet of Things and what legal or regulatory barriers may exist to providing any spectrum needed in the future;
added
policies, programs, or multi-stakeholder activities that—
added
promote or are related to the privacy of individuals who use or are affected by the Internet of Things;
added
may enhance the security of the Internet of Things, including the security of critical infrastructure;
added
may protect users of the Internet of Things; and
added
may encourage coordination among Federal agencies with jurisdiction over the Internet of Things;
added
the opportunities and challenges associated with the use of Internet of Things technology by small businesses; and
added
any international proceeding, international negotiation, or other international matter affecting the Internet of Things to which the United States is or should be a party.
added
Membership— The Secretary shall appoint to the steering committee members representing a wide range of stakeholders outside of the Federal Government with expertise relating to the Internet of Things, including—
added
information and communications technology manufacturers, suppliers, service providers, and vendors;
added
subject matter experts representing industrial sectors other than the technology sector that can benefit from the Internet of Things, including the transportation, energy, agriculture, and health care sectors;
added
small, medium, and large businesses;
added
think tanks and academia;
added
nonprofit organizations and consumer groups;
added
security experts;
added
rural stakeholders; and
added
other stakeholders with relevant expertise, as determined by the Secretary.
added
Report— Not later than 1 year after the date of enactment of this Act, the steering committee shall submit to the working group a report that includes any findings or recommendations of the steering committee.
added
Independent advice—
added
In general— The steering committee shall set the agenda of the steering committee in carrying out the duties of the steering committee under subparagraph (B).
added
Suggestions— The working group may suggest topics or items for the steering committee to study, and the steering committee shall take those suggestions into consideration in carrying out the duties of the steering committee.
added
Report— The steering committee shall ensure that the report submitted under subparagraph (D) is the result of the independent judgment of the steering committee.
added
No compensation for members— A member of the steering committee shall serve without compensation.
added
Termination— The steering committee shall terminate on the date on which the working group submits the report under paragraph (6).
added
Report to Congress—
added
In general— Not later than 18 months after the date of enactment of this Act, the working group shall submit to Congress a report that includes—
added
the findings and recommendations of the working group with respect to the duties of the working group under paragraph (2);
added
the report submitted by the steering committee under paragraph (5)(D), as the report was received by the working group;
added
recommendations for action or reasons for inaction, as applicable, with respect to each recommendation made by the steering committee in the report submitted under paragraph (5)(D); and
added
an accounting of any progress made by Federal agencies to implement recommendations made by the working group or the steering committee.
added
Copy of report— The working group shall submit a copy of the report described in subparagraph (A) to—
added
the Committee on Commerce, Science, and Transportation and the Committee on Energy and Natural Resources of the Senate;
added
the Committee on Energy and Commerce of the House of Representatives; and
added
any other committee of Congress, upon request to the working group.
added
Assessing spectrum needs—
added
In general— The Commission, in consultation with the National Telecommunications and Information Administration, shall issue a notice of inquiry seeking public comment on the current, as of the date of enactment of this Act, and future spectrum needs to enable better connectivity relating to the Internet of Things.
added
Requirements— In issuing the notice of inquiry under paragraph (1), the Commission shall seek comments that consider and evaluate—
added
whether adequate spectrum is available, or is planned for allocation, for commercial wireless services that could support the growing Internet of Things;
added
if adequate spectrum is not available for the purposes described in subparagraph (A), how to ensure that adequate spectrum is available for increased demand with respect to the Internet of Things;
added
what regulatory barriers may exist to providing any needed spectrum that would support uses relating to the Internet of Things; and
added
what the role of unlicensed and licensed spectrum is and will be in the growth of the Internet of Things.
added
Report— Not later than 1 year after the date of enactment of this Act, the Commission shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report summarizing the comments submitted in response to the notice of inquiry issued under paragraph (1).
Sec. 5241 Report on Department of Defense strategy on artificial intelligence standards
added
added
Report required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the role of the Department of Defense in the development of artificial intelligence standards.
added
Contents— The report required by subsection (a) shall include an assessment of each of the following:
added
The need for the Department of Defense to develop an artificial intelligence standards strategy.
added
Any efforts to date on the development of such a strategy.
added
The ways in which an artificial intelligence standards strategy will improve the national security.
added
How the Secretary intends to collaborate with—
added
the Director of the National Institute of Standards and Technology;
added
the Secretary of Homeland Security;
added
the intelligence community;
added
the Secretary of State;
added
representatives of private industry, specifically representatives of the defense industrial base; and
added
representatives of any other agencies, entities, organizations, or persons the Secretary considers appropriate.
Sec. 5242 Study on establishment of energetics program office
addedadded The Under Secretary of Defense for Research and Engineering shall conduct a study to assess the feasibility and advisability of establishing a program office to coordinate energetics research and to ensure a robust and sustained energetics material enterprise.
Sec. 5243 Deepfake report
added
added
Definitions— In this section:
added
Digital content forgery— The term digital content forgery means the use of emerging technologies, including artificial intelligence and machine learning techniques, to fabricate or manipulate audio, visual, or text content with the intent to mislead.
added
Secretary— The term Secretary means the Secretary of Homeland Security.
added
Reports on digital content forgery technology—
added
In general— Not later than 1 year after the date of enactment of this Act, and annually thereafter for 5 years, the Secretary, acting through the Under Secretary for Science and Technology, shall produce a report on the state of digital content forgery technology.
added
Contents— Each report produced under paragraph (1) shall include—
added
an assessment of the underlying technologies used to create or propagate digital content forgeries, including the evolution of such technologies;
added
a description of the types of digital content forgeries, including those used to commit fraud, cause harm, or violate civil rights recognized under Federal law;
added
an assessment of how foreign governments, and the proxies and networks thereof, use, or could use, digital content forgeries to harm national security;
added
an assessment of how non-governmental entities in the United States use, or could use, digital content forgeries;
added
an assessment of the uses, applications, dangers, and benefits of deep learning technologies used to generate high fidelity artificial content of events that did not occur, including the impact on individuals;
added
an analysis of the methods used to determine whether content is genuinely created by a human or through digital content forgery technology and an assessment of any effective heuristics used to make such a determination, as well as recommendations on how to identify and address suspect content and elements to provide warnings to users of the content;
added
a description of the technological counter-measures that are, or could be, used to address concerns with digital content forgery technology; and
added
any additional information the Secretary determines appropriate.
added
Consultation and public hearings— In producing each report required under paragraph (1), the Secretary may—
added
consult with any other agency of the Federal Government that the Secretary considers necessary; and
added
conduct public hearings to gather, or otherwise allow interested parties an opportunity to present, information and advice relevant to the production of the report.
added
Form of report— Each report required under paragraph (1) shall be produced in unclassified form, but may contain a classified annex.
added
Applicability of FOIA— Nothing in this section, or in a report produced under this section, shall be construed to allow the disclosure of information or a record that is exempt from public disclosure under section 552 of title 5, United States Code (commonly known as the “Freedom of Information Act”).
added
Applicability of the Paperwork Reduction Act— Subchapter I of chapter 35 of title 44, United States Code (commonly known as the “Paperwork Reduction Act”), shall not apply to this section.
Sec. 5244 CISA Director
addedadded Subchapter II of chapter 53 of title 5, United States Code, is amended—
added
in section 5313, by inserting after the item relating to “Administrator of the Transportation Security Administration” the following:
added
in section 5314, by striking the item relating to “Director, Cybersecurity and Infrastructure Security Agency.”.
Sec. 5245 Agency review
added
added
Requirement of comprehensive review— In order to strengthen the Cybersecurity and Infrastructure Security Agency, the Secretary of Homeland Security shall conduct a comprehensive review of the ability of the Cybersecurity and Infrastructure Security Agency to fulfill—
added
the missions of the Cybersecurity and Infrastructure Security Agency; and
added
the recommendations detailed in the report issued by the Cyberspace Solarium Commission under section 1652(k) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232).
added
Elements of review— The review conducted under subsection (a) shall include the following elements:
added
An assessment of how additional budget resources could be used by the Cybersecurity and Infrastructure Security Agency for projects and programs that—
added
support the national risk management mission;
added
support public and private-sector cybersecurity;
added
promote public-private integration; and
added
provide situational awareness of cybersecurity threats.
added
A comprehensive force structure assessment of the Cybersecurity and Infrastructure Security Agency including—
added
a determination of the appropriate size and composition of personnel to accomplish the mission of the Cybersecurity and Infrastructure Security Agency, as well as the recommendations detailed in the report issued by the Cyberspace Solarium Commission under section 1652(k) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232);
added
an assessment of whether existing personnel are appropriately matched to the prioritization of threats in the cyber domain and risks in critical infrastructure;
added
an assessment of whether the Cybersecurity and Infrastructure Security Agency has the appropriate personnel and resources to—
added
perform risk assessments, threat hunting, incident response to support both private and public cybersecurity;
added
carry out the responsibilities of the Cybersecurity and Infrastructure Security Agency related to the security of Federal information and Federal information systems; and
added
carry out the critical infrastructure responsibilities of the Cybersecurity and Infrastructure Security Agency, including national risk management; and
added
an assessment of whether current structure, personnel, and resources of regional field offices are sufficient in fulfilling agency responsibilities and mission requirements.
added
Submission of review— Not later than 1 year after the date of the enactment of this Act, the Secretary of Homeland Security shall submit a report to Congress detailing the results of the assessments required under subsection (b), including recommendations to address any identified gaps.
Sec. 5246 General Services Administration review
added
added
Review— The Administrator of the General Services Administration shall—
added
conduct a review of current Cybersecurity and Infrastructure Security Agency facilities and assess the suitability of such facilities to fully support current and projected mission requirements nationally and regionally; and
added
make recommendations regarding resources needed to procure or build a new facility or augment existing facilities to ensure sufficient size and accommodations to fully support current and projected mission requirements, including the integration of personnel from the private sector and other departments and agencies.
added
Submission of review— Not later than 1 year after the date of the enactment of this Act, the Administrator of the General Services Administration shall submit the review required under subsection (a) to—
added
the President;
added
the Secretary of Homeland Security; and
added
to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives.
Sec. 5331 Use of cost savings realized from intergovernmental services agreements for installation-support services
added
added
Requirement— Section 2679 of title 10, United States Code, is amended—
added
by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and
added
by inserting after subsection (c) the following new subsection (d):
added “(d) Use of cost savings realized
added “(1) With respect to a fiscal year in which cost savings are realized as a result of entering into an intergovernmental support agreement under this section for a military installation, the Secretary concerned shall make not less than 25 percent of the amount of such savings available for use by the commander of the installation solely for sustainment restoration and modernization requirements that have been approved by the major subordinate command or equivalent component.
added “(2) Not less frequently than annually, the Secretary concerned shall certify to the congressional defense committee the amount of the cost savings achieved, the source and type of intergovernmental support agreement that achieved the savings, and the manner in which those savings were deployed, disaggregated by installation.”
added
Effective date— The amendments made by this section shall apply with respect to fiscal year 2021 and each subsequent fiscal year.
Sec. 5351 Report on non-permissive, global positioning system denied airfield capabilities
added
added
In general— Not later than February 1, 2021, the Secretary of Defense shall submit to the congressional defense committees a report assessing the ability of each combatant command to conduct all-weather, day-night airfield operations in a non-permissive, global positioning system denied environment.
added
Elements— The report required under subsection (a) shall include, at a minimum, the following:
added
An assessment of current air traffic control and landing systems at existing airfields and contingency airfields.
added
An assessment of the ability of each combatant command to conduct all-weather, day-night airfield flight operations in a non-permissive, global positioning system denied environment at existing and contingency airfields, including aircraft tracking and precision landing.
added
An assessment of the ability of each combatant command to rapidly set up and conduct operations at alternate airfields, including the ability to receive and deploy forces in a non-permissive, global positioning system denied environment.
added
A list of backup systems in place or pre-positioned to be able to reconstitute operations after an attack.
Sec. 5371 Increase of amounts available to Marine Corps for base operations and support
added
added
Increase of base operations and support— The amount authorized to be appropriated for fiscal year 2021 for operation and maintenance for the Marine Corps, is hereby increased by $47,600,000, with the amount of the increase to be available for base operations and support (SAG BSS1).
added
Offsets—
added
Operation and maintenance— The amount authorized to be appropriated for fiscal year 2021 for operation and maintenance for the Marine Corps, is hereby reduced by $4,700,000, with the amount of the reduction to be derived from SAG 1A1A.
added
Modification kit procurement— The amount authorized to be appropriated for fiscal year 2021 for procurement for the Marine Corps, is hereby reduced by $3,100,000, with the amount of the reduction to be derived from Line 7, Modification Kits.
added
Direct support munition procurement— The amount authorized to be appropriated for fiscal year 2021 for procurement and ammunition for the Marine Corps, is hereby reduced by $39,800,000, with the amount of the reduction to be derived from Line 17, Direct Support Munitions.
Sec. 5372 Modernization of congressional reports process
added
added
Increase in O&M, Defense-wide activities— The amount authorized to be appropriated for fiscal year 2021 by section 301 is hereby increased by $2,000,000, with the amount of the increase to be available for operation and maintenance, Defense-wide activities, for SAG 4GTN Office of the Secretary of Defense for modernization of the congressional reports process.
added
Offset— The amount authorized to be appropriated for fiscal year 2021 by section 301 is hereby decreased by $2,000,000, with the amount of the decrease to be applied against amounts available for operation and maintenance, Army, for SAG 421 for Servicewide Transportation for historical underexecution.
Sec. 5516 Report on implementation of recommendations of the Comptroller General of the United States on recruitment and retention of female members of the Armed Forces
addedadded Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth a comprehensive plan to implement and accomplish the recommendations for the Department of Defense in keeping with the May 2020 report of the Government Accountability Office titled “Female Active-Duty Personnel: Guidance and Plans Needed for Recruitment and Retention Efforts”, namely the recommendations as follows:
added
The Secretary of Defense must ensure that the Under Secretary of Defense for Personnel and Readiness provides guidance to each of the Armed Forces to develop plans, with clearly defined goals, performance measures, and timeframes, to guide and monitor the efforts in connection with the recruitment and retention of female members.
added
Each Secretary of a military department must develop a plan, with clearly defined goals, performance measures, and timeframes, to guide and monitor the efforts of each Armed Force under the jurisdiction of such Secretary in connection with the recruitment and retention of female members in such Armed Force.
Sec. 5551 Report on regulations and procedures to implement programs on award of medals or commendations to handlers of military working dogs
addedadded Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the regulations and other procedures prescribed by the Secretaries of the military departments in order to implement and carry out the programs of the military departments on the award of medals or other commendations to handlers of military working dogs required by section 582 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1787; 10 U.S.C. 1121 note prec.).
Sec. 5571 Independent study and report on military spouse underemployment
added
added
Independent study— Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall seek to enter into a contract with a Federally funded research and development center to conduct a study on underemployment among military spouses. The study shall consider, at a minimum, the following:
added
The prevalence of unemployment and underemployment among military spouses, including differences by Armed Force, region, State, education level, and income level.
added
The causes of unemployment and underemployment among military spouses.
added
The differences in unemployment and underemployment between military spouses and civilians.
added
Barriers to small business ownership and entrepreneurship faced by military spouses.
added
Submittal to DoD— Not later than 240 days after the date of the enactment of this Act, the Federally funded research and development center with which the Secretary contracts pursuant to subsection (a) shall submit to the Secretary a report containing the results of the study conducted pursuant to that subsection.
added
Transmittal to Congress— Not later than 270 days after the date of the enactment of this Act, the Secretary shall transmit to the appropriate committees of Congress the report under subsection (b), without change.
added
Appropriate committees of congress defined— In this section, the term appropriate committees of Congress means the following—
added
the Committee on Armed Services, the Committee on Health, Education, Labor, and Pensions, the Committee on Small Business and Entrepreneurship, and Committee on Appropriations of the Senate; and
added
the Committee on Armed Services, the Committee on Education and Labor, the Committee on Small Business, and Committee on Appropriations of the House of Representatives.
Sec. 5586 Questions regarding racism, anti-Semitism, and supremacism in workplace surveys administered by the Secretary of Defense
addedadded Section 593 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended—
added
by inserting “(a) Questions required.—” before “The Secretary”;
added
in paragraph (1), by inserting “, racist, anti-Semitic, or supremacist” after “extremist”; and
added
by adding at the end the following new subsection:
added “(b) Report—Not later than March 1, 2021, the Secretary shall submit to Congress a report including—
added “(1) the text of the questions included in surveys under subsection (a); and
added “(2) which surveys include such questions.”
Sec. 5587 Briefing on the implementation of requirements on connections of retiring and separating members of the Armed Forces with community-based organizations and related entities
addedadded Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall brief Congress on the current status of the implementation of the requirements of section 570F of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1401; 10 U.S.C. 1142 note), relating to connections of retiring and separating members of the Armed Forces with community-based organizations and related entities.
Sec. 5590 Pilot programs on remote provision by National Guard to State governments and National Guards of other States of cybersecurity technical assistance in training, preparation, and response to cyber incidents
added
added
Ineffectiveness of section 590— Section 590 shall have no force or effect.
added
Pilot programs authorized— The Secretary of the Army and the Secretary of the Air Force may each, in coordination with the Secretary of Homeland Security and in consultation with the Chief of the National Guard Bureau, conduct a pilot program to assess the feasibility and advisability of the development of a capability within the National Guard through which a National Guard of a State remotely provides State governments and National Guards of other States (whether or not in the same Armed Force as the providing National Guard) with cybersecurity technical assistance in training, preparation, and response to cyber incidents. If such Secretary elects to conduct such a pilot program, such Secretary shall be known as an “administering Secretary” for purposes of this section, and any reference in this section to “the pilot program” shall be treated as a reference to the pilot program conducted by such Secretary.
added
Assessment prior to commencement— For purposes of evaluating existing platforms, technologies, and capabilities under subsection (d), and for establishing eligibility and participation requirements under subsection (d), for purposes of the pilot program, an administering Secretary, in consultation with the Chief of the National Guard Bureau, shall, prior to commencing the pilot program—
added
conduct an assessment of—
added
existing cyber response capacities of the Army National Guard or Air National Guard, as applicable, in each State; and
added
any existing platform, technology, or capability of a National Guard that provides the capability described in subsection (b); and
added
determine whether a platform, technology, or capability described in paragraph (1)(B) is suitable for expansion for purposes of the pilot program.
added
Elements— A pilot program under subsection (b) shall include the following:
added
A technical capability that enables the National Guard of a State to remotely provide cybersecurity technical assistance to State governments and National Guards of other States, without the need to deploy outside its home State.
added
Policies, processes, procedures, and authorities for use of such a capability, including with respect to the following:
added
The roles and responsibilities of both requesting and deploying State governments and National Guards with respect to such technical assistance, taking into account the matters specified in subsection (g).
added
Necessary updates to the Defense Cyber Incident Coordinating Procedure, or any other applicable Department of Defense instruction, for purposes of implementing the capability.
added
Program management and governance structures for deployment and maintenance of the capability.
added
Security when performing remote support, including such in matters such as authentication and remote sensing.
added
The conduct, in coordination with the Chief of the National Guard Bureau and the Secretary of Homeland Security and in consultation with the Director of the Federal Bureau of Investigation, other Federal agencies, and appropriate non-Federal entities, of at least one exercise to demonstrate the capability, which exercise shall include the following:
added
Participation of not fewer than two State governments and their National Guards.
added
Circumstances designed to test and validate the policies, processes, procedures, and authorities developed pursuant to paragraph (2).
added
An after action review of the exercise.
added
Use of existing technology— An administering Secretary may use an existing platform, technology, or capability to provide the capability described in subsection (b) under the pilot program.
added
Eligibility and participation requirements— An administering Secretary shall, in consultation with the Chief of the National Guard Bureau, establish requirements with respect to eligibility and participation of State governments and their National Guards in the pilot program.
added
Construction with certain current authorities—
added
Command authorities— Nothing in a pilot program under subsection (b) may be construed as affecting or altering the command authorities otherwise applicable to any unit of the National Guard unit participating in the pilot program.
added
Emergency management assistance compact— Nothing in a pilot program may be construed as affecting or altering any current agreement under the Emergency Management Assistance Compact, or any other State agreements, or as determinative of the future content of any such agreement.
added
Evaluation metrics— An administering Secretary shall, in consultation with the Chief of the National Guard Bureau and the Secretary of Homeland Security, establish metrics to evaluate the effectiveness of the pilot program.
added
Term— A pilot program under subsection (b) shall terminate on the date that is three years after the date of the commencement of the pilot program.
added
Reports—
added
Initial report— Not later than 180 days after the date of the commencement of the pilot program, the administering Secretary, in coordination with the Secretary of Homeland Security, shall submit to the appropriate committees of Congress a report setting forth a description of the pilot program and such other matters in connection with the pilot program as the Secretary considers appropriate.
added
Final report— Not later than 180 days after the termination of the pilot program, the administering Secretary, in coordination with the Secretary of Homeland Security, shall submit to the appropriate committees of Congress a report on the pilot program. The report shall include the following:
added
A description of the pilot program, including any partnerships entered into by the Chief of the National Guard Bureau under the pilot program.
added
A summary of the assessment performed prior to the commencement of the pilot program in accordance with subsection (c).
added
A summary of the evaluation metrics established in accordance with subsection (h).
added
An assessment of the effectiveness of the pilot program, and of the capability described in subsection (b) under the pilot program.
added
A description of costs associated with the implementation and conduct of the pilot program.
added
A recommendation as to the termination or extension of the pilot program, or the making of the pilot program permanent with an expansion nationwide.
added
An estimate of the costs of making the pilot program permanent and expanding it nationwide in accordance with the recommendation in subparagraph (F).
added
Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the pilot program.
added
Appropriate committees of Congress defined— In this subsection, the term appropriate committees of Congress means—
added
the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and
added
the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives.
added
State defined— In this section, the term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
Sec. 5707 Pilot program on receipt of non-generic prescription maintenance medications under TRICARE pharmacy benefits program
addedadded The reference in section 707(c) to section 1074g(a)(9)(C)(i) of title 10, United States Code, is deemed to be a reference to section 1074g(a)(9)(C)(ii) of title 10, United States Code.
Sec. 5723 Authority of Secretary of Defense to waive requirements during national emergencies for purposes of provision of health care
addedadded Section 723 and the amendments made by that section shall have no force or effect.
Sec. 5741 Study and report on surge capacity of Department of Defense to establish negative air room containment systems in military medical treatment facilities
added
added
Study— The Director of the Defense Health Agency shall conduct a study on the use, scalability, and military requirements for commercial off the shelf negative air pressure room containment systems in order to improve pandemic preparedness at military medical treatment facilities worldwide, to include an assessment of whether such systems would improve the readiness of the Department of Defense to expand capability and capacity to evaluate and treat patients at such facilities during a pandemic.
added
Report— Not later than 180 days after the date of the enactment of this Act, the Director of the Defense Health Agency shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the findings of the study conducted under subsection (a).
Sec. 5801 Report on use of domestic nonavailability determinations
addedadded Not later than September 30, 2021, and annually thereafter, the Secretary of Defense shall submit a report to congressional defense committees—
added
describing in detail the use of any waiver or exception to the requirements of section 2533a of title 10, United States Code, relating to domestic nonavailability determinations;
added
providing reasoning for the use of each such waiver or exception; and
added
providing an assessment of the impact on the use of such waivers or exceptions due to the COVID–19 pandemic and associated challenges with investments in domestic sources.
Sec. 5802 Report on the effect of the Defense Manufacturing Communities Support Program on the defense supply chain
addedadded Not later than September 30, 2021, the Secretary of Defense shall submit to Congress a report evaluating the effect of the Defense Manufacturing Communities Support Program on the defense supply chain. The evaluation should consider the program’s effect on—
added
the diversification of the supply chain;
added
procurement costs; and
added
efficient procurement processes.
Sec. 5803 Improving implementation of policy pertaining to the national technology and industrial base
addedadded Section 803(d)(2) is deemed amended as follows:
added
Subparagraph (A) of such section is deemed to read as follows:
added “(A) analysis of the national security impacts, cost, and benefits to the United States and allies of the inclusion of such additional member nation in the national technology and industrial base, including criticality to program and mission accomplishment;”
added
In the stem of subparagraph (B) of such section, “costs,” is deemed to be read “impacts, costs,”.
added
In clause (ii) of subparagraph (B) of such section “base;” is deemed to read “base, including costs to reconstitute capability should such capability be lost to competition;”.
Sec. 5808 Additional requirements pertaining to printed circuit boards
addedadded Section 808 is deemed to include at the end the following:
added “(h) Sense of Congress on mitigating risks of reliance on certain sources of supply and manufacturing for printed circuit boards—It is the sense of Congress that—
added “(1) the Department of Defense must take steps to reduce and mitigate risks of reliance on certain sources of supply and manufacturing for printed circuit boards; and
added “(2) the provisions of this section are intended to augment, rather than reduce or supersede, current efforts to reduce and mitigate such risks.”
Sec. 5812 Miscellaneous limitations on the procurement of goods other than United States goods
addedadded Notwithstanding the amendments made by section 812—
added
the subparagraph (A) proposed to be included in subsection (a)(2) of section 2534 of title 10, United States Code, shall not be included;
added
subsection (b) of such section is deemed to read as follows:
added “(b) Manufacturer in the national technology and industrial base—A manufacturer meets the requirements of this subsection if the manufacturer is part of the national technology and industrial base.”
added
the amendment to subsection (h) of such section is deemed to insert the following: “subsection (a)(2)”.
Sec. 5841 Waivers of certain conditions for progress payments under certain contracts during the COVID–19 national emergency
addedadded During the national emergency declared under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to the coronavirus disease 2019 (commonly referred to as “COVID–19”), the Secretary of Defense may waive section 2307(e)(2) of title 10, United States Code, with respect to progress payments for any undefinitized contract.
Sec. 5871 Office of Small Business and Disadvantaged Business Utilization
addedadded Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is amended, in the matter preceding paragraph (1)—
added
by inserting after the first sentence the following: “If the Government Accountability Office has determined that a Federal agency is not in compliance with all of the requirements under this subsection, the Federal agency shall, not later than 120 days after that determination or 120 days after the date of enactment of this sentence, whichever is later, submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report that includes the reasons why the Federal agency is not in compliance and the specific actions that the Federal agency will take to comply with the requirements under this subsection.”; and
added
by striking “The management of each such office” and inserting “The management of each Office of Small Business and Disadvantaged Business Utilization”.
Sec. 5872 Eligibility of the Commonwealth of the Northern Mariana Islands for certain Small Business Administration programs
addedadded The Small Business Act (15 U.S.C. 631 et seq.) is amended—
added
in section 21(a) (15 U.S.C. 648(a))—
added
in paragraph (1), by inserting before “The Administration shall require” the following new sentence: “The previous sentence shall not apply to an applicant that has its principal office located in the Commonwealth of the Northern Mariana Islands.”; and
added
in paragraph (4)(C)(ix), by striking “and American Samoa” and inserting “American Samoa, and the Commonwealth of the Northern Mariana Islands”; and
added
in section 34(a)(9) (15 U.S.C. 657d(a)(9)), by striking “and American Samoa” and inserting “American Samoa, and the Commonwealth of the Northern Mariana Islands”.
Sec. 5873 Disaster declaration in rural areas
added
added
In general— Section 7(b) of the Small Business Act (15 U.S.C. 636(b)) is amended by inserting after paragraph (15) the following:
added “(16) Disaster declaration in rural areas
added “(A) Definitions—In this paragraph—
added “(i) the term rural area means an area with a population of less than 200,000 outside an urbanized area; and
added “(ii) the term significant damage means, with respect to property, uninsured losses of not less than 40 percent of the estimated fair replacement value or pre-disaster fair market value of the damaged property, whichever is lower.
added “(B) Disaster declaration—Notwithstanding section 123.3(a) of title 13, Code of Federal Regulations, or any successor regulation, the Administrator may declare a disaster in a rural area for which a major disaster was declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) if—
added “(i) the Governor of the State in which the rural area is located requests such a declaration; and
added “(ii) any home, small business concern, private nonprofit organization, or small agricultural cooperative has incurred significant damage in the rural area.
added “(C) SBA report—Not later than 120 days after the date of enactment of this Act, and every year thereafter, the Administrator shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on, with respect to the 1-year period preceding submission of the report—
added “(i) any economic injury that resulted from a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) in a rural area;
added “(ii) each request for assistance made by the Governor of a State under subparagraph (B)(i) and the response of the Administrator, including the timeline for each response; and
added “(iii) any regulatory changes that will impact the ability of communities in rural areas to obtain disaster assistance under this subsection.”
added
Regulations— Not later than 120 days after the date of enactment of this Act, the Administrator of the Small Business Administration shall issue regulations to carry out the amendment made by subsection (a).
added
GAO report—
added
Definition of rural area— In this subsection, the term rural area means an area with a population of less than 200,000 outside an urbanized area.
added
Report— Not later than 120 days after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives a report on—
added
any unique challenges that communities in rural areas face compared to communities in metropolitan areas when seeking to obtain disaster assistance under section 7(b) of the Small Business Act (15 U.S.C. 636(b)); and
added
legislative recommendations for improving access to disaster assistance for communities in rural areas.
Sec. 5874 Temporary extension for 8(a) participants
addedadded The Administrator of the Small Business Administration shall allow a small business concern (as defined in section 3 of the Small Business Act (15 U.S.C. 632)) participating in the program established under section 8(a) of the Small Business Act (15 U.S.C. 637(a)) on the date of enactment of this section to extend such participation by a period of 1 year.
Sec. 5875 Maximum award price for sole source manufacturing contracts
addedadded The Small Business Act (15 U.S.C. 631 et seq.) is amended—
added
in section 8 (15 U.S.C. 637)—
added
in subsection (a)(1)(D)(i)(II), by striking “$5,000,000” and inserting “$7,000,000”; and
added
in subsection (m)—
added
in paragraph (7)(B)(i), by striking “$6,500,000” and inserting “$7,000,000”; and
added
in paragraph (8)(B)(i), by striking “$6,500,000” and inserting “$7,000,000”;
added
in section 31(c)(2)(A)(ii)(I) (15 U.S.C. 657a(c)(2)(A)(ii)(I)), by striking “$5,000,000” and inserting “$7,000,000”; and
added
in section 36(a)(2)(A) (15 U.S.C. 657f(a)(2)(A)), by striking “$5,000,000” and inserting “$7,000,000”.
Sec. 5876 Annual reports regarding the SBIR program of the Department of Defense
added
added
Definitions— In this section—
added
the term SBIR has the meaning given the term in section 9(e)(4) of the Small Business Act (15 U.S.C. 638(e)(4)); and
added
the term Secretary means the Secretary of Defense.
added
Reports required— Not later than 90 days after the date of enactment of this Act, and not later than 120 days after the end of each fiscal year that begins after that date of enactment, the Secretary, after consultation with the Secretary of each branch of the Armed Forces, shall submit, through the Under Secretary of Defense for Research and Engineering, to Congress a report that addresses—
added
the ways in which the Secretary, as of the date on which the report is submitted, is using incentives to Department of Defense program managers under section 9(y)(6)(B) of the Small Business Act (15 U.S.C. 638(y)(6)(B)) to increase the number of Phase II SBIR contracts awarded by the Secretary that lead to technology transition into programs of record or fielded systems, which shall include the judgment of the Secretary regarding the potential effect of providing monetary incentives to those officers for that purpose;
added
the extent to which the Department of Defense has developed simplified and standardized procedures and model contracts throughout the agency for Phase I, Phase II, and Phase III SBIR awards, as required under section 9(hh)(2)(A)(i) of the Small Business Act (15 U.S.C. 638(hh)(2)(A)(i));
added
with respect to each report submitted under this section after the submission of the first such report, the extent to which any incentives described in this section and implemented by the Secretary have resulted in an increased number of Phase II contracts under the SBIR program of the Department of Defense leading to technology transition into programs of record or fielded systems;
added
the extent to which Phase I, Phase II, and Phase III projects under the SBIR program of the Department of Defense align with the modernization priorities of the Department, including with respect to artificial intelligence, biotechnology, autonomy, cybersecurity, directed energy, fully networked command, control, and communication systems, microelectronics, quantum science, hypersonics, and space; and
added
any other action taken, and proposed to be taken, to increase the number of Department of Defense Phase II SBIR contracts leading to technology transition into programs of record or fielded systems.
Sec. 5877 Small business loans for nonprofit child care providers
addedadded Section 3(a) of the Small Business Act (15 U.S.C. 632(a)) is amended by adding at the end the following:
added “(10) Nonprofit child care providers
added “(A) Definition—In this paragraph, the term covered nonprofit child care provider means an organization—
added “(i) that—
added “(I) is in compliance with licensing requirements for child care providers of the State in which the organization is located;
added “(II) is described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code; and
added “(III) is primarily engaged in providing child care for children from birth to compulsory school age;
added “(ii) for which each employee and regular volunteer complies with the criminal background check requirements under section 658H(b) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858f(b)); and
added “(iii) that may—
added “(I) provide care for school-age children outside of school hours or outside of the school year; or
added “(II) offer preschool or prekindergarten educational programs.
added “(B) Eligibility for loan programs—Notwithstanding any other provision of this subsection, a covered nonprofit child care provider shall be deemed to be a small business concern for purposes of any program under this Act or the Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.) under which—
added “(i) the Administrator may make loans to small business concerns;
added “(ii) the Administrator may guarantee timely payment of loans to small business concerns; or
added “(iii) the recipient of a loan made or guaranteed by the Administrator may make loans to small business concerns.”
Sec. 5891 Listing of other transaction authority consortia
addedadded Beginning not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall maintain on the government-wide point of entry for contracting opportunities, Beta.SAM.gov (or any successor system), a list of the consortia used by the Department of Defense to announce or otherwise make available contracting opportunities using other transaction authority (OTA).
Sec. 5892 Report recommending disposition of notes to certain sections of title 10, United States Code
added
added
In general— Not later than March 31, 2021, the Secretary of Defense shall submit to the congressional defense committees a report recommending the disposition of provisions of law found in the notes to the following sections of title 10, United States Code:
added
Section 2313.
added
Section 2364.
added
Section 2432.
added
Elements— The report required under subsection (a) shall include—
added
for each provision of law included as a note to a section listed in such subsection, a recommendation whether such provision—
added
should be repealed because the provision is no longer operative or is otherwise obsolete;
added
should be codified as a section to title 10, United States Code, because the section has, and is anticipated to continue to have in the future, significant relevance; or
added
should remain as a note to such section; and
added
any legislative proposals appropriate to improve the intent and effect of the sections listed in such subsection.
added
Technical corrections—
added
Section 2362(a) of title 10, United States Code, is amended by striking “Assistant Secretary of Defense for Research and Engineering” both places it appears and inserting “Under Secretary of Defense for Research and Engineering”.
added
Section 804(c) of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314; 10 U.S.C. 2302 note) is amended by striking “The Assistant Secretary of Defense for Command, Control, Communications, and Intelligence, in consultation with the Under Secretary of Defense for Acquisition, Technology, and Logistics,” and inserting “The Under Secretary of Defense for Acquisition and Sustainment”.
Sec. 5893 Applicability of reporting requirement related to notional milestones and standard timelines for foreign military sales
addedadded Section 887 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115 –91; 22 U.S.C. 2761 note) is amended—
added
by redesignating subsection (c) as subsection (d); and
added
by inserting after subsection (b) the following new subsection:
added “(c) Applicability—The reporting requirements under this section apply only to foreign military sales processes within the Department of Defense.”
Sec. 5894 Additional requirements related to mitigating risks related to foreign ownership, control, or influence of Department of Defense contractors and subcontractors
added
added
Compliance assessment— Subparagraph (A) of paragraph (2) of section 847(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by adding at the end the following new clause:
added “(v) A requirement for the Secretary to require reports and conduct examinations on a periodic basis of covered contractors and subcontractors in order to assess compliance with the requirements of this section.”
added
Additional requirements for responsibility determinations— Subparagraph (B) of such paragraph is amended—
added
in clause (ii), by striking “; and” and inserting a semicolon;
added
by redesignating clause (iii) as clause (iv); and
added
by inserting after clause (ii) the following new clause:
added “(iii) procedures for appropriately responding to changes in contractor or subcontractor beneficial ownership status based on changes in disclosures of their beneficial ownership relating to whether they are under FOCI and based on the reports and examinations required by subparagraph (A)(v); and”
added
Timelines and milestones for implementation—
added
Implementation plan— Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a plan and schedule for implementation of the requirements of section 847 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), including—
added
a timeline for issuance of regulations, development of training for appropriate officials, and development of systems for reporting of beneficial ownership and FOCI by contractors and subcontractors;
added
designation of officials and organizations responsible for execution; and
added
interim milestones to be met in implementing the plan.
added
Revision of regulations, directives, guidance, training, and policies— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall revise relevant directives, guidance, training, and policies, including revising the Defense Federal Acquisition Regulation Supplement as needed, to fully implement section 847 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), as amended by this section.
Sec. 5951 Comptroller General of the United States report on vulnerabilities of the Department of Defense resulting from offshore technical support call centers
added
added
Report required— Not later than 180 days after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on vulnerabilities in connection with the provision of services by offshore technical support call centers to the Department of Defense.
added
Elements— The report required by subsection (a) shall include the following:
added
A description and assessment of the location of all offshore technical support call centers.
added
A description and assessment of the types of information shared by the Department with foreign nationals at offshore technical support call centers.
added
An assessment of the extent to which access to such information by foreign nationals creates vulnerabilities to the information technology network of the Department.
added
Offshore technical support call center defined— In this section, the term offshore technical support call center means a call center that—
added
is physically located outside the United States;
added
employs individuals who are foreign nationals; and
added
may be contacted by personnel of the Department to provide technical support relating to technology used by the Department.
Sec. 6001 Under Secretary of Defense (Comptroller) reports on improving the budget justification and related materials of the Department of Defense
added
added
Reports required— Not later than April 1 of each of 2021 through 2025, the Under Secretary of Defense (Comptroller) shall submit to the congressional defense committees a report on improving the following:
added
Modernization of covered materials, including the following:
added
Updating the format of such materials in order to account for significant improvements in document management and data visualization.
added
Expanding the scope and quality of data included in such materials.
added
Streamlining of the production of covered materials within the Department of Defense.
added
Transmission of covered materials to Congress.
added
Availability of adequate resources and capabilities to permit the Department to integrate changes to covered materials together with its submittal of current covered materials.
added
Promotion of the flow between the Department and the congressional defense committees of other information required by Congress for its oversight of budgeting for the Department and the future-years defense programs.
added
Covered materials defined— In this section, the term covered materials means the following:
added
Materials submitted in support of the budget of the President for a fiscal year under section 1105(a) of title 31, United States Code.
added
Materials submitted in connection with the future-years defense program for a fiscal year under section 221 of title 10, United States Code.
Sec. 6002 Report on fiscal year 2022 budget request requirements in connection with Air Force operations in the Arctic
addedadded The Secretary of the Air Force shall submit to the congressional defense committees, not later than 30 days after submission of the budget justification documents submitted to Congress in support of the budget of the President for fiscal year 2022 (as submitted pursuant to section 1105 of title 31, United States Code), a report that includes the following:
added
A description of the manner in which amounts requested for the Air Force in the budget for fiscal year 2022 support Air Force operations in the Arctic.
added
A list of the procurement initiatives and research, development, test, and evaluation initiatives funded by that budget that are primarily intended to enhance the ability of the Air Force to deploy to or operate in the Arctic region, or to defend the northern approach to the United States homeland.
added
An assessment of the adequacy of the infrastructure of Air Force installations in Alaska and in the States along the northern border of the continental United States to support deployments to and operations in the Arctic region, including an assessment of runways, fuel lines, and aircraft maintenance capacity for purposes of such support.
Sec. 6003 Providing information to States regarding undelivered savings bonds
addedadded Section 3105 of title 31, United States Code, is amended by adding at the end the following:
added “(f)
added “(1) Notwithstanding any other law to the contrary, the Secretary shall provide each State, as digital or other electronically searchable forms become available (including digital images), with sufficient information to identify the registered owner of any applicable savings bond with a registration address that is within such State, including the serial number of the bond, the name and registered address of such owner, and any registered beneficiaries.
added “(2) The Secretary shall prescribe such regulations or other guidance as may be necessary to carry out the purposes of this subsection, including rules to—
added “(A) protect the privacy of the owners of applicable savings bonds;
added “(B) ensure that any information provided to a State under this subsection shall be used solely to locate such owners and assist them in redeeming such bonds with the United States Treasury; and
added “(C) ensure that owners of applicable savings bonds seeking to redeem such bonds with the United States Treasury are able to do so in an expeditious manner.
added “(3) Not later than 12 months after the date of enactment of this subsection, and annually thereafter, the Secretary shall submit to the Committee on Appropriations and the Committee on Finance of the Senate a report assessing all efforts to satisfy the requirement under paragraph (1).
added “(4) For purposes of this subsection, the term applicable savings bond means a matured and unredeemed savings bond.”
Sec. 6046 Conditions for permanently basing United States equipment or additional military units in host countries with at-risk vendors in 5G or 6G networks
added
added
Ineffectiveness of section 1046— Section 1046 shall have no force or effect.
added
In general— Prior to a decision for basing a major weapon system or an additional military unit comparable to or larger than a battalion, squadron, or naval combatant for permanent basing to a host nation with at-risk 5th generation (5G) or sixth generation (6G) wireless network equipment, software, and services, including the use of telecommunications equipment, software, and services provided by vendors such as Huawei and ZTE, where United States military personnel and their families will be directly connected or subscribers to networks that include such at-risk equipment, software, and services in their official duties or in the conduct of personal affairs, the Secretary of Defense shall provide a certification to Congress that includes—
added
an acknowledgment by the host nation of the risk posed by the network architecture;
added
a description of steps being taken by the host nation to mitigate any potential risks to the weapon systems, military units, or personnel, and the Department of Defense’s assessment of those efforts;
added
a description of steps being taken by the United States Government to mitigate any potential risks to the weapon systems, military units, or personnel; and
added
a description of any defense mutual agreements between the host nation and the United States intended to allay the costs of risk mitigation posed by the at-risk infrastructure.
added
Applicability— The conditions in subsection (b) apply to the permanent long-term stationing of equipment and personnel, and do not apply to short-term deployments or rotational presence to military installations outside the United States in connection with exercises, dynamic force employment, contingency operations, or combat operations.
added
Report— Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report that contains an assessment of—
added
the risk to personnel, equipment, and operations of the Department of Defense in host countries posed by the current or intended use by such countries of 5G or 6G telecommunications architecture provided by at-risk vendors; and
added
measures required to mitigate the risk described in paragraph (1), including the merit and feasibility of the relocation of certain personnel or equipment of the Department to another location without the presence of 5G or 6G telecommunications architecture provided by at-risk vendors.
added
Form— The report required by subsection (c) shall be submitted in a classified form with an unclassified summary.
Sec. 6047 Antidiscrimination
added
added
Short title— This section may be cited as the “Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020”.
added
Sense of Congress— Section 102 of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended—
added
by striking paragraph (4) and inserting the following:
added “(4) accountability in the enforcement of the rights of Federal employees is furthered when Federal agencies agree to take appropriate disciplinary action against Federal employees who are found to have intentionally committed discriminatory (including retaliatory) acts;”
added
in paragraph (5)(A)—
added
by striking “nor is accountability” and inserting “accountability is not”; and
added
by inserting “for what, by law, the agency is responsible” after “under this Act”.
added
Notification of violation— Section 202 of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended by adding at the end the following:
added “(d) Notification of final agency action
added “(1) In general—Not later than 90 days after the date on which an event described in paragraph (2) occurs with respect to a finding of discrimination (including retaliation), the head of the Federal agency subject to the finding shall provide notice—
added “(A) on the public internet website of the agency, in a clear and prominent location linked directly from the home page of that website;
added “(B) stating that a finding of discrimination (including retaliation) has been made; and
added “(C) which shall remain posted for not less than 1 year.
added “(2) Events described—An event described in this paragraph is any of the following:
added “(A) All appeals of a final action by a Federal agency involving a finding of discrimination (including retaliation) prohibited by a provision of law covered by paragraph (1) or (2) of section 201(a) have been exhausted.
added “(B) All appeals of a final decision by the Equal Employment Opportunity Commission involving a finding of discrimination (including if the finding included a finding of retaliation) prohibited by a provision of law covered by paragraph (1) or (2) of section 201(a) have been exhausted.
added “(C) A court of jurisdiction issues a final judgment involving a finding of discrimination (including retaliation) prohibited by a provision of law covered by paragraph (1) or (2) of section 201(a).
added “(3) Contents—A notification provided under paragraph (1) with respect to a finding of discrimination (including retaliation) shall—
added “(A) identify the date on which the finding was made, the date on which each discriminatory act occurred, and the law violated by each such discriminatory act; and
added “(B) advise Federal employees of the rights and protections available under the provisions of law covered by paragraphs (1) and (2) of section 201(a).”
added
Reporting requirements—
added
Electronic format requirement—
added
In general— Section 203(a) of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended, in the matter preceding paragraph (1)—
added
by inserting “Homeland Security and” before “Governmental Affairs”;
added
by striking “on Government Reform” and inserting “on Oversight and Reform”;
added
by inserting “any Member of Congress (upon request to the agency),” before “the Equal Employment Opportunity Commission”; and
added
by inserting “(in an electronic format prescribed by the Director of the Office of Personnel Management),” after “an annual report”.
added
Effective date— The amendment made by subparagraph (A)(iii) shall take effect on the date that is 1 year after the date of enactment of this Act.
added
Transition period— Notwithstanding the requirements of section 203(a) of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note), the report required under such section 203(a) may be submitted in an electronic format, as prescribed by the Director of the Office of Personnel Management, during the period beginning on the date of enactment of this Act and ending on the effective date in subparagraph (B).
added
Reporting requirement for disciplinary action— Section 203 of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended by adding at the end the following:
added “(c) Disciplinary action report—Not later than 120 days after the date on which a Federal agency takes final action, or a Federal agency receives a final decision issued by the Equal Employment Opportunity Commission, involving a finding of discrimination (including retaliation) in violation of a provision of law covered by paragraph (1) or (2) of section 201(a), as applicable, the applicable Federal agency shall submit to the Commission a report stating—
added “(1) whether disciplinary action has been proposed against a Federal employee as a result of the violation; and
added “(2) the reasons for any disciplinary action proposed under paragraph (1).”
added
Data to be posted by employing Federal agencies— Section 301(b) of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended—
added
in paragraph (9)—
added
in subparagraph (A), by striking “and” at the end;
added
in subparagraph (B)(ii), by striking the period at the end and inserting “, and”; and
added
by adding at the end the following:
added “(C) with respect to each finding described in subparagraph (A)—
added “(i) the date of the finding,
added “(ii) the affected Federal agency,
added “(iii) the law violated, and
added “(iv) whether a decision has been made regarding disciplinary action as a result of the finding.”
added
by adding at the end the following:
added “(11) Data regarding each class action complaint filed against the agency alleging discrimination (including retaliation), including—
added “(A) information regarding the date on which each complaint was filed,
added “(B) a general summary of the allegations alleged in the complaint,
added “(C) an estimate of the total number of plaintiffs joined in the complaint, if known,
added “(D) the current status of the complaint, including whether the class has been certified, and
added “(E) the case numbers for the civil actions in which discrimination (including retaliation) has been found.”
added
Data to be posted by the equal employment opportunity commission— Section 302(b) of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended by striking “(10)” and inserting “(11)”.
added
Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 amendments—
added
Notification requirements— Title II of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended by adding at the end the following:
added “207. Complaint tracking
added “Not later than 1 year after the date of enactment of the Elijah E. Cummings Federal Employee Antidiscrimination Act of 2019, each Federal agency shall establish a system to track each complaint of discrimination arising under section 2302(b)(1) of title 5, United States Code, and adjudicated through the Equal Employment Opportunity process from the filing of a complaint with the Federal agency to resolution of the complaint, including whether a decision has been made regarding disciplinary action as the result of a finding of discrimination.
added “208. Notation in personnel record
added “If a Federal agency takes an adverse action covered under section 7512 of title 5, United States Code, against a Federal employee for an act of discrimination (including retaliation) prohibited by a provision of law covered by paragraph (1) or (2) of section 201(a), the agency shall, after all appeals relating to that action have been exhausted, include a notation of the adverse action and the reason for the action in the personnel record of the employee.”
added
Processing and Referral— The Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended by adding at the end the following:
added “IV Processing and referral
added “401. Processing and resolution of complaints
added “Each Federal agency shall—
added “(1) be responsible for the fair and impartial processing and resolution of complaints of employment discrimination (including retaliation) prohibited by a provision of law covered by paragraph (1) or (2) of section 201(a); and
added “(2) establish a model Equal Employment Opportunity Program that—
added “(A) is not under the control, either structurally or practically, of the agency’s Office of Human Capital or Office of the General Counsel (or the equivalent);
added “(B) is devoid of internal conflicts of interest and ensures fairness and inclusiveness within the agency; and
added “(C) ensures the efficient and fair resolution of complaints alleging discrimination (including retaliation).
added “402. No limitation on advice or counsel
added “Nothing in this title shall prevent a Federal agency or a subcomponent of a Federal agency, or the Department of Justice, from providing advice or counsel to employees of that agency (or subcomponent, as applicable) in the resolution of a complaint.
added “403. Head of Program supervised by head of agency
added “The head of each Federal agency’s Equal Employment Opportunity Program shall report directly to the head of the agency.
added “404. Referrals of findings of discrimination
added “(a) EEOC findings of discrimination
added “(1) In general—Not later than 30 days after the date on which the Equal Employment Opportunity Commission (referred to in this section as the “Commission”) receives, or should have received, a Federal agency report required under section 203(c), the Commission may refer the matter to which the report relates to the Office of Special Counsel if the Commission determines that the Federal agency did not take appropriate action with respect to the finding that is the subject of the report.
added “(2) Notifications—The Commission shall—
added “(A) notify the applicable Federal agency if the Commission refers a matter to the Office of Special Counsel under paragraph (1); and
added “(B) with respect to a fiscal year, include in the Annual Report of the Federal Workforce of the Commission covering that fiscal year—
added “(i) the number of referrals made under paragraph (1) during that fiscal year; and
added “(ii) a brief summary of each referral described in clause (i).
added “(b) Referrals to special counsel—The Office of Special Counsel shall accept and review a referral from the Commission under subsection (a)(1) for purposes of pursuing disciplinary action under the authority of the Office against a Federal employee who commits an act of discrimination (including retaliation).
added “(c) Notification—The Office of Special Counsel shall notify the Commission and the applicable Federal agency in a case in which—
added “(1) the Office of Special Counsel pursues disciplinary action under subsection (b); and
added “(2) the Federal agency imposes some form of disciplinary action against a Federal employee who commits an act of discrimination (including retaliation).
added “(d) Special counsel approval—A Federal agency may not take disciplinary action against a Federal employee for an alleged act of discrimination (including retaliation) referred by the Commission under this section, except in accordance with the requirements of section 1214(f) of title 5, United States Code.”
added
Conforming amendments— The table of contents in section 1(b) of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended—
added
by inserting after the item relating to section 206 the following:
added
by adding at the end the following:
added
Nondisclosure agreement limitation— Section 2302(b)(13) of title 5, United States Code, is amended—
added
by striking “agreement does not” and inserting the following: “agreement—
added “(A) does not”
added
in subparagraph (A), as so designated, by inserting “or the Office of Special Counsel” after “Inspector General”; and
added
by adding at the end the following:
added “(B) prohibits or restricts an employee or applicant for employment from disclosing to Congress, the Special Counsel, the Inspector General of an agency, or any other agency component responsible for internal investigation or review any information that relates to any violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or any other whistleblower protection; or”
Sec. 6061 Maritime security and domain awareness
added
added
Progress report on maritime security—
added
In general— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, the Secretary of the Department in which the Coast Guard is operating, and the heads of other appropriate Federal agencies, shall submit to the congressional defense committees a report on the steps taken since December 20, 2019, to make further use of the following mechanisms to combat IUU fishing:
added
Inclusion of counter-IUU fishing in existing shiprider agreements to which the United States is a party.
added
Entry into shiprider agreements that include counter-IUU fishing with priority flag states and countries in priority regions with which the United States does not already have such agreements.
added
Inclusion of counter-IUU fishing in the mission of the Combined Maritime Forces.
added
Inclusion of counter-IUU fishing exercises in the annual at-sea exercises conducted by the Department of Defense, in coordination with the United States Coast Guard.
added
Development of partnerships similar to the Oceania Maritime Security Initiative and the Africa Maritime Law Enforcement Partnership in other priority regions.
added
Element— The report required by paragraph (1) shall include a description of specific steps taken by the Secretary of the Navy with respect to each mechanism described in paragraph (1), including a detailed description of any security cooperation engagement undertaken to combat IUU fishing by such mechanisms and resulting coordination between the Department of the Navy and the Coast Guard.
added
Assessment of service coordination on maritime domain awareness—
added
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall enter into an agreement with the Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of Commerce, to assess the available commercial solutions for collecting, sharing, and disseminating among United States maritime services and partner countries maritime domain awareness information relating to illegal maritime activities, including IUU fishing.
added
Elements— The assessment carried out pursuant to an agreement under paragraph (1) shall—
added
build on the ongoing Coast Guard assessment related to autonomous vehicles;
added
consider appropriate commercially and academically available technological solutions; and
added
consider any limitation related to affordability, exportability, maintenance, and sustainment requirements and any other factor that may constrain the suitability of such solutions for use in a joint and combined environment, including the potential provision of such solutions to one or more partner countries.
added
Submittal to Congress— Not later than one year after entering into an agreement under paragraph (1), the Secretary of the Navy shall submit to the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate and the Committee on Armed Services, the Committee on Natural Resources, the Committee on Transportation and Infrastructure, and the Committee on Appropriations of the House of Representatives the assessment prepared in accordance with the agreement.
added
Report on use of fishing fleets by foreign governments—
added
In general— Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Naval Intelligence shall submit to the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate and the Committee on Armed Services, the Committee on Natural Resources, the Committee on Transportation and Infrastructure, and the Committee on Appropriations of the House of Representatives a report on the use by governments of foreign countries of distant-water fishing fleets as extensions of the official maritime security forces of such countries.
added
Element— The report required by paragraph (1) shall include the following:
added
An analysis of the manner in which fishing fleets are leveraged in support of the naval operations and policies of foreign countries more generally.
added
A consideration of—
added
threats posed, on a country-by-country basis, to the fishing vessels and other vessels of the United States and partner countries;
added
risks to Navy and Coast Guard operations of the United States, and the naval and coast guard operations of partner countries; and
added
the broader challenge to the interests of the United States and partner countries.
added
Form— The report required by paragraph (1) shall be in unclassified form, but may include a classified annex.
added
Definitions— In this section, any term that is also used in the Maritime SAFE Act (Public Law 116–92) shall have the meaning given such term in that Act.
Sec. 6062 Report on pandemic preparedness and planning of the Navy
addedadded Not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report containing a description of the plans of the Navy to prepare for and respond to future pandemics, including future outbreaks of the Coronavirus Disease 2019 (COVID–19). The report shall include a written description of plans, including any necessary corresponding budgetary actions, for the following:
added
Efforts to prevent and mitigate the impacts of future pandemics at both private and public shipyards, and to protect the health and safety of both military personnel and civilian workers at such shipyards.
added
Protocol and mitigation strategies once an outbreak of a highly contagious illness occurs aboard a Navy vessel while underway.
added
Development and adoption of technologies and protocols to prevent and mitigate the spread of future pandemics aboard Navy ships and among Navy personnel, including technologies and protocols in connection with the following:
added
Artificial intelligence and data-driven infectious disease modeling and interventions.
added
Shipboard airflow management and disinfectant technologies.
added
Personal protective equipment, sensors, and diagnostic systems.
added
Minimally crewed and autonomous supply vehicles.
Sec. 6063 Study and report on the affordability of insulin
addedadded The Secretary of Health and Human Services, acting through the Assistant Secretary for Planning and Evaluation, shall—
added
conduct a study that examines, for each type or classification of diabetes (including type 1 diabetes, type 2 diabetes, gestational diabetes, and other conditions causing reliance on insulin), the effect of the affordability of insulin on—
added
adherence to insulin prescriptions;
added
rates of diabetic ketoacidosis;
added
downstream impacts of insulin adherence, including rates of dialysis treatment and end-stage renal disease;
added
spending by Federal health programs on acute episodes that could have been averted by adhering to an insulin prescription; and
added
other factors, as appropriate, to understand the impacts of insulin affordability on health outcomes, Federal Government spending (including under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) and the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.)), and insured and uninsured individuals with diabetes; and
added
not later than 2 years after the date of enactment of this Act, submit to Congress a report on the study conducted under paragraph (1).
Sec. 6081 Modification to First Division monument
added
added
Authorization— The Society of the First Infantry Division may make modifications to the First Division Monument located on Federal land in President's Park in the District of Columbia to honor the dead of the First Infantry Division, United States Forces, in—
added
Operation Desert Storm;
added
Operation Iraqi Freedom and New Dawn; and
added
Operation Enduring Freedom.
added
Modifications— Modifications to the First Division Monument may include construction of additional plaques and stone plinths on which to put plaques.
added
Applicability of commemorative works act— Chapter 89 of title 40, United States Code (commonly known as the “Commemorative Works Act”), shall apply to the design and placement of the commemorative elements authorized by this section, except that subsections (b) and (c) of section 8903 shall not apply.
added
Collaboration— The First Infantry Division of the Department of the Army shall collaborate with the Secretary of Defense to provide to the Society of the First Infantry Division the list of names to be added to the First Division Monument in accordance with subsection (a).
added
Funding— Federal funds may not be used for modifications of the First Division Monument authorized by this section.
Sec. 6082 Estimate of damages from Federal Communications Commission Order 20–48
addedadded Section 1083 is deemed to include at the end the following:
added “(d) Distribution of estimate—As soon as practicable after submitting an estimate as described in paragraph (1) of subsection (a) and making the certification described in paragraph (2) of such subsection, the Secretary shall make such estimate available to any licensee operating under the order and authorization described in such subsection.
added “(e) Authority of secretary of defense to seek recovery of costs—The Secretary of Defense may work directly with any licensee (or any future assignee, successor, or purchaser) affected by the Order and Authorization adopted by the Federal Communications Commission on April 19, 2020 (FCC 20–48) to seek recovery of costs incurred by the Department of Defense as a result of the effect of such order and authorization.
added “(f) Reimbursement
added “(1) In general—The Secretary shall establish and facilitate a process for any licensee (or any future assignee, successor, or purchaser) subject to the authorization and order described in subsection (a) to provide reimbursement to the Department of Defense, only to the extent provided in appropriations Acts, for the covered costs and eligible reimbursable costs submitted and certified to the congressional defense committees under such subsection.
added “(2) Use of funds—The Secretary shall use any funds received under this subsection, to the extent and in such amounts as are provided in advance in appropriations Acts, for covered costs described in subsection (b) and the range of eligible reimbursable costs identified under subsection (a)(1).
added “(3) Report—Not later than 90 days after the date on which the Secretary establishes the process required by paragraph (1), the Secretary shall submit to the congressional defense committees a report on such process.
added “(g) Good faith—The execution of the responsibilities of this section by the Department of Defense shall be considered to be good faith actions pursuant to paragraph 104 of the Order and Authorization (FCC 20–48) described in subsection (a).”
Sec. 6083 Diesel emissions reduction
added
added
Reauthorization of diesel emissions reduction program— Section 797(a) of the Energy Policy Act of 2005 (42 U.S.C. 16137(a)) is amended by striking “2016” and inserting “2024”.
added
Recognizing differences in diesel vehicle, engine, equipment, and fleet use—
added
National grant, rebate, and loan programs— Section 792(c)(4)(D) of the Energy Policy Act of 2005 (42 U.S.C. 16132(c)(4)(D)) is amended by inserting “, recognizing differences in typical vehicle, engine, equipment, and fleet use throughout the United States” before the semicolon.
added
State grant, rebate, and loan programs— Section 793(b)(1) of the Energy Policy Act of 2005 (42 U.S.C. 16133(b)(1)) is amended—
added
in subparagraph (B), by striking “; and” and inserting a semicolon; and
added
by adding at the end the following:
added “(D) the recognition, for purposes of implementing this section, of differences in typical vehicle, engine, equipment, and fleet use throughout the United States, including expected useful life; and”
added
Reallocation of unused state funds— Section 793(c)(2)(C) of the Energy Policy Act of 2005 (42 U.S.C. 16133(c)(2)(C)) is amended beginning in the matter preceding clause (i) by striking “to each remaining” and all that follows through “this paragraph” in clause (ii) and inserting “to carry out section 792”.
Sec. 6084 Utilizing significant emissions with innovative technologies
added
added
Short title— This section may be cited as the “Utilizing Significant Emissions with Innovative Technologies Act” or the “USE IT Act”.
added
Research, investigation, training, and other activities— Section 103 of the Clean Air Act (42 U.S.C. 7403) is amended—
added
in subsection (c)(3), in the first sentence of the matter preceding subparagraph (A), by striking “percursors” and inserting “precursors”; and
added
in subsection (g)—
added
by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and indenting appropriately;
added
in the undesignated matter following subparagraph (D) (as so redesignated)—
added
in the second sentence, by striking “The Administrator” and inserting the following:
added “(5) Coordination and avoidance of duplication—The Administrator”
added
in the first sentence, by striking “Nothing” and inserting the following:
added “(4) Effect of subsection—Nothing”
added
in the matter preceding subparagraph (A) (as so redesignated)—
added
in the third sentence, by striking “Such program” and inserting the following:
added “(3) Program inclusions—The program under this subsection”
added
in the second sentence—
added
by inserting “States, institutions of higher education,” after “scientists,”; and
added
by striking “Such strategies and technologies shall be developed” and inserting the following:
added “(2) Participation requirement—Such strategies and technologies described in paragraph (1) shall be developed”
added
in the first sentence, by striking “In carrying out” and inserting the following:
added “(1) In general—In carrying out”
added
by adding at the end the following:
added “(6) Certain carbon dioxide activities
added “(A) In general—In carrying out paragraph (3)(A) with respect to carbon dioxide, the Administrator shall carry out the activities described in each of subparagraphs (B), (C), (D), and (E).
added “(B) Direct air capture research
added “(i) Definitions—In this subparagraph:
added “(I) Board—The term Board means the Direct Air Capture Technology Advisory Board established by clause (iii)(I).
added “(II) Dilute—The term dilute means a concentration of less than 1 percent by volume.
added “(III) Direct air capture
added “(aa) In general—The term direct air capture, with respect to a facility, technology, or system, means that the facility, technology, or system uses carbon capture equipment to capture carbon dioxide directly from the air.
added “(bb) Exclusion—The term direct air capture does not include any facility, technology, or system that captures carbon dioxide—
added “(AA) that is deliberately released from a naturally occurring subsurface spring; or
added “(BB) using natural photosynthesis.
added “(IV) Intellectual property—The term intellectual property means—
added “(aa) an invention that is patentable under title 35, United States Code; and
added “(bb) any patent on an invention described in item (aa).
added “(ii) Technology prizes
added “(I) In general—Not later than 1 year after the date of enactment of the USE IT Act, the Administrator, in consultation with the Secretary of Energy, shall establish a program to provide, and shall provide, financial awards on a competitive basis for direct air capture from media in which the concentration of carbon dioxide is dilute.
added “(II) Duties—In carrying out this clause, the Administrator shall—
added “(aa) subject to subclause (III), develop specific requirements for—
added “(AA) the competition process; and
added “(BB) the demonstration of performance of approved projects;
added “(bb) offer financial awards for a project designed—
added “(AA) to the maximum extent practicable, to capture more than 10,000 tons of carbon dioxide per year; and
added “(BB) to operate in a manner that would be commercially viable in the foreseeable future (as determined by the Board); and
added “(cc) to the maximum extent practicable, make financial awards to geographically diverse projects, including at least—
added “(AA) 1 project in a coastal State; and
added “(BB) 1 project in a rural State.
added “(III) Public participation—In carrying out subclause (II)(aa), the Administrator shall—
added “(aa) provide notice of and, for a period of not less than 60 days, an opportunity for public comment on, any draft or proposed version of the requirements described in subclause (II)(aa); and
added “(bb) take into account public comments received in developing the final version of those requirements.
added “(iii) Direct air capture technology advisory board
added “(I) Establishment—There is established an advisory board to be known as the “Direct Air Capture Technology Advisory Board”.
added “(II) Composition—The Board shall be composed of 9 members appointed by the Administrator, who shall provide expertise in—
added “(aa) climate science;
added “(bb) physics;
added “(cc) chemistry;
added “(dd) biology;
added “(ee) engineering;
added “(ff) economics;
added “(gg) business management; and
added “(hh) such other disciplines as the Administrator determines to be necessary to achieve the purposes of this subparagraph.
added “(III) Term; vacancies
added “(aa) Term—A member of the Board shall serve for a term of 6 years.
added “(bb) Vacancies—A vacancy on the Board—
added “(AA) shall not affect the powers of the Board; and
added “(BB) shall be filled in the same manner as the original appointment was made.
added “(IV) Initial meeting—Not later than 30 days after the date on which all members of the Board have been appointed, the Board shall hold the initial meeting of the Board.
added “(V) Meetings—The Board shall meet at the call of the Chairperson or on the request of the Administrator.
added “(VI) Quorum—A majority of the members of the Board shall constitute a quorum, but a lesser number of members may hold hearings.
added “(VII) Chairperson and vice chairperson—The Board shall select a Chairperson and Vice Chairperson from among the members of the Board.
added “(VIII) Compensation—Each member of the Board may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code, for each day during which the member is engaged in the actual performance of the duties of the Board.
added “(IX) Duties—The Board shall advise the Administrator on carrying out the duties of the Administrator under this subparagraph.
added “(X) FACA—The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Board.
added “(iv) Intellectual property
added “(I) In general—As a condition of receiving a financial award under this subparagraph, an applicant shall agree to vest the intellectual property of the applicant derived from the technology in 1 or more entities that are incorporated in the United States.
added “(II) Reservation of license—The United States—
added “(aa) may reserve a nonexclusive, nontransferable, irrevocable, paid-up license, to have practiced for or on behalf of the United States, in connection with any intellectual property described in subclause (I); but
added “(bb) shall not, in the exercise of a license reserved under item (aa), publicly disclose proprietary information relating to the license.
added “(III) Transfer of title—Title to any intellectual property described in subclause (I) shall not be transferred or passed, except to an entity that is incorporated in the United States, until the expiration of the first patent obtained in connection with the intellectual property.
added “(v) Authorization of appropriations
added “(I) In general—Of the amounts authorized to be appropriated for the Environmental Protection Agency, $35,000,000 shall be available to carry out this subparagraph, to remain available until expended.
added “(II) Requirement—Research carried out using amounts made available under subclause (I) may not duplicate research funded by the Department of Energy.
added “(vi) Termination of authority—The Board and all authority provided under this subparagraph shall terminate not later than 10 years after the date of enactment of the USE IT Act.
added “(C) Carbon dioxide utilization research
added “(i) Definition of carbon dioxide utilization—In this subparagraph, the term carbon dioxide utilization refers to technologies or approaches that lead to the use of carbon dioxide—
added “(I) through the fixation of carbon dioxide through photosynthesis or chemosynthesis, such as through the growing of algae or bacteria;
added “(II) through the chemical conversion of carbon dioxide to a material or chemical compound in which the carbon dioxide is securely stored; or
added “(III) through the use of carbon dioxide for any other purpose for which a commercial market exists, as determined by the Administrator.
added “(ii) Program—The Administrator, in consultation with the Secretary of Energy, shall carry out a research and development program for carbon dioxide utilization to promote existing and new technologies that transform carbon dioxide generated by industrial processes into a product of commercial value, or as an input to products of commercial value.
added “(iii) Technical and financial assistance—Not later than 2 years after the date of enactment of the USE IT Act, in carrying out this subsection, the Administrator, in consultation with the Secretary of Energy, shall support research and infrastructure activities relating to carbon dioxide utilization by providing technical assistance and financial assistance in accordance with clause (iv).
added “(iv) Eligibility—To be eligible to receive technical assistance and financial assistance under clause (iii), a carbon dioxide utilization project shall—
added “(I) have access to an emissions stream generated by a stationary source within the United States that is capable of supplying not less than 250 metric tons per day of carbon dioxide for research;
added “(II) have access to adequate space for a laboratory and equipment for testing small-scale carbon dioxide utilization technologies, with onsite access to larger test bays for scale-up; and
added “(III) have existing partnerships with institutions of higher education, private companies, States, or other government entities.
added “(v) Coordination—In supporting carbon dioxide utilization projects under this paragraph, the Administrator shall consult with the Secretary of Energy, and, as appropriate, with the head of any other relevant Federal agency, States, the private sector, and institutions of higher education to develop methods and technologies to account for the carbon dioxide emissions avoided by the carbon dioxide utilization projects.
added “(vi) Authorization of appropriations
added “(I) In general—Of the amounts authorized to be appropriated for the Environmental Protection Agency, $50,000,000 shall be available to carry out this subparagraph, to remain available until expended.
added “(II) Requirement—Research carried out using amounts made available under subclause (I) may not duplicate research funded by the Department of Energy.
added “(D) Deep saline formation report
added “(i) Definition of deep saline formation
added “(I) In general—In this subparagraph, the term deep saline formation means a formation of subsurface geographically extensive sedimentary rock layers saturated with waters or brines that have a high total dissolved solids content and that are below the depth where carbon dioxide can exist in the formation as a supercritical fluid.
added “(II) Clarification—In this subparagraph, the term deep saline formation does not include oil and gas reservoirs.
added “(ii) Report—In consultation with the Secretary of Energy, and, as appropriate, with the head of any other relevant Federal agency and relevant stakeholders, not later than 1 year after the date of enactment of the USE IT Act, the Administrator shall prepare, submit to Congress, and make publicly available a report that includes—
added “(I) a comprehensive identification of potential risks and benefits to project developers associated with increased storage of carbon dioxide captured from stationary sources in deep saline formations, using existing research;
added “(II) recommendations, if any, for managing the potential risks identified under subclause (I), including potential risks unique to public land; and
added “(III) recommendations, if any, for Federal legislation or other policy changes to mitigate any potential risks identified under subclause (I).
added “(E) Report on carbon dioxide nonregulatory strategies and technologies
added “(i) In general—Not less frequently than once every 2 years, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes—
added “(I) the recipients of assistance under subparagraphs (B) and (C); and
added “(II) a plan for supporting additional nonregulatory strategies and technologies that could significantly prevent carbon dioxide emissions or reduce carbon dioxide levels in the air, in conjunction with other Federal agencies.
added “(ii) Inclusions—The plan submitted under clause (i) shall include—
added “(I) a methodology for evaluating and ranking technologies based on the ability of the technologies to cost effectively reduce carbon dioxide emissions or carbon dioxide levels in the air; and
added “(II) a description of any nonair-related environmental or energy considerations regarding the technologies.
added “(F) GAO report—The Comptroller General of the United States shall submit to Congress a report that—
added “(i) identifies all Federal grant programs in which a purpose of a grant under the program is to perform research on carbon capture and utilization technologies, including direct air capture technologies; and
added “(ii) examines the extent to which the Federal grant programs identified pursuant to clause (i) overlap or are duplicative.”
added
Report— Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the “Administrator”) shall submit to Congress a report describing how funds appropriated to the Administrator during the 5 most recent fiscal years have been used to carry out section 103 of the Clean Air Act (42 U.S.C. 7403), including a description of—
added
the amount of funds used to carry out specific provisions of that section; and
added
the practices used by the Administrator to differentiate funding used to carry out that section, as compared to funding used to carry out other provisions of law.
added
Inclusion of carbon capture infrastructure projects— Section 41001(6) of the FAST Act (42 U.S.C. 4370m(6)) is amended—
added
in subparagraph (A)—
added
in the matter preceding clause (i), by inserting “carbon capture,” after “manufacturing,”;
added
in clause (i)(III), by striking “or” at the end;
added
by redesignating clause (ii) as clause (iii); and
added
by inserting after clause (i) the following:
added “(ii) is covered by a programmatic plan or environmental review developed for the primary purpose of facilitating development of carbon dioxide pipelines; or”
added
by adding at the end the following:
added “(C) Inclusion—For purposes of subparagraph (A), construction of infrastructure for carbon capture includes construction of—
added “(i) any facility, technology, or system that captures, utilizes, or sequesters carbon dioxide emissions, including projects for direct air capture (as defined in paragraph (6)(B)(i) of section 103(g) of the Clean Air Act (42 U.S.C. 7403(g)); and
added “(ii) carbon dioxide pipelines.”
added
Development of carbon capture, utilization, and sequestration report, permitting guidance, and regional permitting task force—
added
Definitions— In this subsection:
added
Carbon capture, utilization, and sequestration projects— The term carbon capture, utilization, and sequestration projects includes projects for direct air capture (as defined in paragraph (6)(B)(i) of section 103(g) of the Clean Air Act (42 U.S.C. 7403(g))).
added
Efficient, orderly, and responsible— The term efficient, orderly, and responsible means, with respect to development or the permitting process for carbon capture, utilization, and sequestration projects and carbon dioxide pipelines, a process that is completed in an expeditious manner while maintaining environmental, health, and safety protections.
added
Report—
added
In general— Not later than 180 days after the date of enactment of this Act, the Chair of the Council on Environmental Quality (referred to in this section as the “Chair”), in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of the Interior, the Executive Director of the Federal Permitting Improvement Council, and the head of any other relevant Federal agency (as determined by the President), shall prepare a report that—
added
compiles all existing relevant Federal permitting and review information and resources for project applicants, agencies, and other stakeholders interested in the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines, including—
added
the appropriate points of interaction with Federal agencies;
added
clarification of the permitting responsibilities and authorities among Federal agencies; and
added
best practices and templates for permitting;
added
inventories current or emerging activities that transform captured carbon dioxide into a product of commercial value, or as an input to products of commercial value;
added
inventories existing initiatives and recent publications that analyze or identify priority carbon dioxide pipelines needed to enable efficient, orderly, and responsible development of carbon capture, utilization, and sequestration projects at increased scale;
added
identifies gaps in the current Federal regulatory framework for the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines; and
added
identifies Federal financing mechanisms available to project developers.
added
Submission; publication— The Chair shall—
added
submit the report under subparagraph (A) to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives; and
added
as soon as practicable, make the report publicly available.
added
Guidance—
added
In general— After submission of the report under paragraph (2)(B), but not later than 1 year after the date of enactment of this Act, the Chair shall submit guidance consistent with that report to all relevant Federal agencies that—
added
facilitates reviews associated with the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines; and
added
supports the efficient, orderly, and responsible development of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines.
added
Requirements—
added
In general— The guidance under subparagraph (A) shall address requirements under—
added
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
added
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
added
the Clean Air Act (42 U.S.C. 7401 et seq.);
added
the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
added
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
added
division A of subtitle III of title 54, United States Code (formerly known as the “National Historic Preservation Act”);
added
the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
added
the Act of June 8, 1940 (16 U.S.C. 668 et seq.) (commonly known as the “Bald and Golden Eagle Protection Act”); and
added
any other Federal law that the Chair determines to be appropriate.
added
Environmental reviews— The guidance under subparagraph (A) shall include direction to States and other interested parties for the development of programmatic environmental reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for carbon capture, utilization, and sequestration projects and carbon dioxide pipelines.
added
Public involvement— The guidance under subparagraph (A) shall be subject to the public notice, comment, and solicitation of information procedures under section 1506.6 of title 40, Code of Federal Regulations (or a successor regulation).
added
Submission; publication— The Chair shall—
added
submit the guidance under subparagraph (A) to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives; and
added
as soon as practicable, make the guidance publicly available.
added
Evaluation— The Chair shall—
added
periodically evaluate the reports of the task forces under paragraph (4)(E) and, as necessary, revise the guidance under subparagraph (A); and
added
each year, submit to the Committee on Environment and Public Works of the Senate, the Committee on Energy and Commerce of the House of Representatives, and relevant Federal agencies a report that describes any recommendations for legislation, rules, revisions to rules, or other policies that would address the issues identified by the task forces under paragraph (4)(E).
added
Task force—
added
Establishment— Not later than 18 months after the date of enactment of this Act, the Chair shall establish not less than 2 task forces, which shall each cover a different geographical area with differing demographic, land use, or geological issues—
added
to identify permitting and other challenges and successes that permitting authorities and project developers and operators face; and
added
to improve the performance of the permitting process and regional coordination for the purpose of promoting the efficient, orderly, and responsible development of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines.
added
Members and selection—
added
In general— The Chair shall—
added
develop criteria for the selection of members to each task force; and
added
select members for each task force in accordance with subclause (I) and clause (ii).
added
Members— Each task force—
added
shall include not less than 1 representative of each of—
added
the Environmental Protection Agency;
added
the Department of Energy;
added
the Department of the Interior;
added
any other Federal agency the Chair determines to be appropriate;
added
any State that requests participation in the geographical area covered by the task force;
added
developers or operators of carbon capture, utilization, and sequestration projects or carbon dioxide pipelines; and
added
nongovernmental membership organizations, the primary mission of which concerns protection of the environment; and
added
at the request of a Tribal or local government, may include a representative of—
added
not less than 1 local government in the geographical area covered by the task force; and
added
not less than 1 Tribal government in the geographical area covered by the task force.
added
Meetings—
added
In general— Each task force shall meet not less than twice each year.
added
Joint meeting— To the maximum extent practicable, the task forces shall meet collectively not less than once each year.
added
Duties— Each task force shall—
added
inventory existing or potential Federal and State approaches to facilitate reviews associated with the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines, including best practices that—
added
avoid duplicative reviews;
added
engage stakeholders early in the permitting process; and
added
make the permitting process efficient, orderly, and responsible;
added
develop common models for State-level carbon dioxide pipeline regulation and oversight guidelines that can be shared with States in the geographical area covered by the task force;
added
provide technical assistance to States in the geographical area covered by the task force in implementing regulatory requirements and any models developed under clause (ii);
added
inventory current or emerging activities that transform captured carbon dioxide into a product of commercial value, or as an input to products of commercial value;
added
identify any priority carbon dioxide pipelines needed to enable efficient, orderly, and responsible development of carbon capture, utilization, and sequestration projects at increased scale;
added
identify gaps in the current Federal and State regulatory framework and in existing data for the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines;
added
identify Federal and State financing mechanisms available to project developers; and
added
develop recommendations for relevant Federal agencies on how to develop and research technologies that—
added
can capture carbon dioxide; and
added
would be able to be deployed within the region covered by the task force, including any projects that have received technical or financial assistance for research under paragraph (6) of section 103(g) of the Clean Air Act (42 U.S.C. 7403(g)).
added
Report— Each year, each task force shall prepare and submit to the Chair and to the other task forces a report that includes—
added
any recommendations for improvements in efficient, orderly, and responsible issuance or administration of Federal permits and other Federal authorizations required under a law described in paragraph (3)(B)(i); and
added
any other nationally relevant information that the task force has collected in carrying out the duties under subparagraph (D).
added
Evaluation— Not later than 5 years after the date of enactment of this Act, the Chair shall—
added
reevaluate the need for the task forces; and
added
submit to Congress a recommendation as to whether the task forces should continue.
Sec. 6085 Legal assistance for veterans and surviving spouses and dependents
added
added
Availability of legal assistance at facilities of Department of Veterans Affairs—
added
In general— Chapter 59 of title 38, United States Code, is amended by adding at the end the following new section:
added “5906. Availability of legal assistance at Department facilities
added “(a) In general—Not less frequently than three times each year, the Secretary shall facilitate the provision by a qualified legal assistance clinic of pro bono legal assistance described in subsection (c) to eligible individuals at not fewer than one medical center of the Department of Veterans Affairs, or such other facility of the Department as the Secretary considers appropriate, in each State.
added “(b) Eligible individuals—For purposes of this section, an eligible individual is—
added “(1) any veteran;
added “(2) any surviving spouse; or
added “(3) any child of a veteran who has died.
added “(c) Pro bono legal assistance described—The pro bono legal assistance described in this subsection is the following:
added “(1) Legal assistance with any program administered by the Secretary.
added “(2) Legal assistance associated with—
added “(A) improving the status of a military discharge or characterization of service in the Armed Forces, including through a discharge review board; or
added “(B) seeking a review of a military record before a board of correction for military or naval records.
added “(3) Such other legal assistance as the Secretary—
added “(A) considers appropriate; and
added “(B) determines may be needed by eligible individuals.
added “(d) Limitation on use of facilities—Space in a medical center or facility designated under subsection (a) shall be reserved for and may only be used by the following, subject to review and removal from participation by the Secretary:
added “(1) A veterans service organization or other nonprofit organization.
added “(2) A legal assistance clinic associated with an accredited law school.
added “(3) A legal services organization.
added “(4) A bar association.
added “(5) Such other attorneys and entities as the Secretary considers appropriate.
added “(e) Legal assistance in rural areas—In carrying out this section, the Secretary shall ensure that pro bono legal assistance is provided under subsection (a) in rural areas.
added “(f) Definition of veterans service organization—The term veterans service organization means any organization recognized by the Secretary for the representation of veterans under section 5902 of this title.”
added
Clerical amendment— The table of sections at the beginning of chapter 59 of such title is amended by adding at the end the following new item:
added
Pilot program to establish and support legal assistance clinics—
added
Pilot program required—
added
In general— Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a pilot program to assess the feasibility and advisability of awarding grants to eligible entities to establish new legal assistance clinics, or enhance existing legal assistance clinics or other pro bono efforts, for the provision of pro bono legal assistance described in subsection (c) of section 5906 of title 38, United States Code, as added by subsection (a), on a year-round basis to individuals who served in the Armed Forces, including individuals who served in a reserve component of the Armed Forces, and who were discharged or released therefrom, regardless of the conditions of such discharge or release, at locations other than medical centers and facilities described in subsection (a) of such section.
added
Rule of construction— Nothing in subparagraph (A) shall be construed to limit or affect—
added
the provision of pro bono legal assistance to eligible individuals at medical centers and facilities of the Department of Veterans Affairs under section 5906(a) of title 38, United States Code, as added by subsection (a); or
added
any other legal assistance provided pro bono at medical centers or facilities of the Department as of the date of the enactment of this Act.
added
Eligible entities— For purposes of the pilot program, an eligible entity is—
added
a veterans service organization or other nonprofit organization specifically focused on assisting veterans;
added
an entity specifically focused on assisting veterans and associated with an accredited law school;
added
a legal services organization or bar association; or
added
such other type of entity as the Secretary considers appropriate for purposes of the pilot program.
added
Locations— The Secretary shall ensure that at least one grant is awarded under paragraph (1)(A) to at least one eligible entity in each State, if the Secretary determines that there is such an entity in a State that has applied for, and meets requirements for the award of, such a grant.
added
Duration— The Secretary shall carry out the pilot program during the five-year period beginning on the date on which the Secretary establishes the pilot program.
added
Application— An eligible entity seeking a grant under the pilot program shall submit to the Secretary an application therefore at such time, in such manner, and containing such information as the Secretary may require.
added
Selection— The Secretary shall select eligible entities who submit applications under paragraph (5) for the award of grants under the pilot program using a competitive process that takes into account the following:
added
Capacity of the applicant entity to serve veterans and ability of the entity to provide sound legal advice.
added
Demonstrated need of the veteran population the applicant entity would serve.
added
Demonstrated need of the applicant entity for assistance from the grants.
added
Geographic diversity of applicant entities.
added
Such other criteria as the Secretary considers appropriate.
added
Grantee reports— Each recipient of a grant under the pilot program shall, in accordance with such criteria as the Secretary may establish, submit to the Secretary a report on the activities of the recipient and how the grant amounts were used.
added
Review of pro bono eligibility of Federal workers—
added
In general— The Secretary shall, in consultation with the Attorney General and the Director of the Office of Government Ethics, conduct a review of the rules and regulations governing the circumstances under which attorneys employed by the Federal Government can provide pro bono legal assistance.
added
Recommendations— In conducting the review required by paragraph (1), the Secretary shall develop recommendations for such legislative or administrative action as the Secretary considers appropriate to facilitate greater participation by Federal employees in pro bono legal and other volunteer services for veterans.
added
Submittal to Congress— Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress—
added
the findings of the Secretary with respect to the review conducted under paragraph (1); and
added
the recommendations developed by the Secretary under paragraph (2).
added
Report— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report on the status of the implementation of this section.
added
Definitions— In this section:
added
Appropriate committees of Congress— The term appropriate committees of Congress means—
added
the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and
added
the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives.
added
Veterans service organization— The term veterans service organization means any organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code.
Sec. 6086 Silver Star Service Banner Day
added
added
Findings— Congress finds the following:
added
Congress is committed to honoring the sacrifices of wounded and ill members of the Armed Forces.
added
The Silver Star Service Banner recognizes the members of the Armed Forces and veterans who were wounded or became ill while serving in combat for the United States.
added
The sacrifices made by members of the Armed Forces and veterans on behalf of the United States should never be forgotten.
added
May 1 is an appropriate date to designate as “Silver Star Service Banner Day”.
added
Designation—
added
In general— Chapter 1 of title 36, United States Code, is amended by adding at the end the following:
added “146. Silver Star Service Banner Day
added “(a) Designation—May 1 is Silver Star Service Banner Day.
added “(b) Proclamation—The President is requested to issue each year a proclamation calling on the people of the United States to observe Silver Star Service Banner Day with appropriate programs, ceremonies, and activities.”
added
Clerical amendment— The table of sections at the beginning of chapter 1 of such title is amended by inserting after the item relating to section 145 the following:
Sec. 6087 Established Program to Stimulate Competitive Research
addedadded Section 2203(b) of the Energy Policy Act of 1992 (42 U.S.C. 13503(b)) is amended by striking paragraph (3) and inserting the following:
added “(3) Established Program to Stimulate Competitive Research
added “(A) Definitions—In this paragraph:
added “(i) Eligible jurisdiction—The term eligible jurisdiction means a State that is determined to be eligible for a grant under this paragraph in accordance with subparagraph (D).
added “(ii) EPSCoR—The term EPSCoR means the Established Program to Stimulate Competitive Research operated under subparagraph (B).
added “(iii) National Laboratory—The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).
added “(iv) State—The term State means—
added “(I) a State;
added “(II) the District of Columbia;
added “(III) the Commonwealth of Puerto Rico;
added “(IV) Guam; and
added “(V) the United States Virgin Islands.
added “(B) Program operation—The Secretary shall operate an Established Program to Stimulate Competitive Research.
added “(C) Objectives—The objectives of EPSCoR shall be—
added “(i) to increase the number of researchers in eligible jurisdictions, especially at institutions of higher education, capable of performing nationally competitive science and engineering research in support of the mission of the Department of Energy in the areas of applied energy research, environmental management, and basic science;
added “(ii) to improve science and engineering research and education programs at institutions of higher education in eligible jurisdictions and enhance the capabilities of eligible jurisdictions to develop, plan, and execute research that is competitive, including through investing in research equipment and instrumentation; and
added “(iii) to increase the probability of long-term growth of competitive funding to eligible jurisdictions.
added “(D) Eligible jurisdictions
added “(i) In general—The Secretary may establish criteria for determining whether a State is eligible for a grant under this paragraph.
added “(ii) Requirement—Except as provided in clause (iii), in establishing criteria under clause (i), the Secretary shall ensure that a State is eligible for a grant under this paragraph if the State, as determined by the Secretary, is a State that—
added “(I) historically has received relatively little Federal research and development funding; and
added “(II) has demonstrated a commitment—
added “(aa) to develop the research bases in the State; and
added “(bb) to improve science and engineering research and education programs at institutions of higher education in the State.
added “(iii) Eligibility under NSF EPSCoR—At the election of the Secretary, or if the Secretary determines not to establish criteria under clause (i), a State is eligible for a grant under this paragraph if the State is eligible to receive funding under the Established Program to Stimulate Competitive Research of the National Science Foundation.
added “(E) Grants in areas of applied energy research, environmental management, and basic science
added “(i) In general—EPSCoR shall make grants to eligible jurisdictions to carry out and support applied energy research and research in all areas of environmental management and basic science sponsored by the Department of Energy, including—
added “(I) energy efficiency, fossil energy, renewable energy, and other applied energy research;
added “(II) electricity delivery research;
added “(III) cybersecurity, energy security, and emergency response;
added “(IV) environmental management; and
added “(V) basic science research.
added “(ii) Activities—EPSCoR shall make grants under this subparagraph for activities consistent with the objectives described in subparagraph (C) in the areas of applied energy research, environmental management, and basic science described in clause (i), including—
added “(I) to support research that is carried out in partnership with the National Laboratories;
added “(II) to provide for graduate traineeships;
added “(III) to support research by early career faculty; and
added “(IV) to improve research capabilities through biennial research implementation grants.
added “(iii) No cost sharing—EPSCoR shall not impose any cost-sharing requirement with respect to a grant made under this subparagraph, but may require letters of commitment from National Laboratories.
added “(F) Other activities—EPSCoR may carry out such activities as may be necessary to meet the objectives described in subparagraph (C) in the areas of applied energy research, environmental management, and basic science described in subparagraph (E)(i).
added “(G) Program implementation
added “(i) In general—Not later than 270 days after the date of enactment of the National Defense Authorization Act for Fiscal Year 2021, the Secretary shall submit to the Committees on Energy and Natural Resources and Appropriations of the Senate and the Committees on Energy and Commerce and Appropriations of the House of Representatives a plan describing how the Secretary shall implement EPSCoR.
added “(ii) Contents of plan—The plan described in clause (i) shall include a description of—
added “(I) the management structure of EPSCoR, which shall ensure that all research areas and activities described in this paragraph are incorporated into EPSCoR;
added “(II) efforts to conduct outreach to inform eligible jurisdictions and faculty of changes to, and opportunities under, EPSCoR;
added “(III) how EPSCoR plans to increase engagement with eligible jurisdictions, faculty, and State committees, including by holding regular workshops, to increase participation in EPSCoR; and
added “(IV) any other issues relating to EPSCoR that the Secretary determines appropriate.
added “(H) Program evaluation
added “(i) In general—Not later than 5 years after the date of enactment of the National Defense Authorization Act for Fiscal Year 2021, the Secretary shall contract with a federally funded research and development center, the National Academy of Sciences, or a similar organization to carry out an assessment of the effectiveness of EPSCoR, including an assessment of—
added “(I) the tangible progress made towards achieving the objectives described in subparagraph (C);
added “(II) the impact of research supported by EPSCoR on the mission of the Department of Energy; and
added “(III) any other issues relating to EPSCoR that the Secretary determines appropriate.
added “(ii) Limitation—The organization with which the Secretary contracts under clause (i) shall not be a National Laboratory.
added “(iii) Report—Not later than 6 years after the date of enactment of the National Defense Authorization Act for Fiscal Year 2021, the Secretary shall submit to the Committees on Energy and Natural Resources and Appropriations of the Senate and the Committees on Energy and Commerce and Appropriations of the House of Representatives a report describing the results of the assessment carried out under clause (i), including recommendations for improvements that would enable the Secretary to achieve the objectives described in subparagraph (C).”
Sec. 6088 Subpoena authority
added
added
In general— Section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659) is amended—
added
in subsection (a)—
added
in paragraph (5), by striking “and” at the end;
added
by redesignating paragraph (6) as paragraph (7); and
added
by inserting after paragraph (5) the following:
added “(6) the term security vulnerability has the meaning given that term in section 102(17) of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501(17)); and”
added
in subsection (c)—
added
in paragraph (10), by striking “and” at the end;
added
in paragraph (11), by striking the period at the end and inserting “; and”; and
added
by adding at the end the following:
added “(12) detecting, identifying, and receiving information about security vulnerabilities relating to critical infrastructure in the information systems and devices for a cybersecurity purpose, as defined in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501).”
added
by adding at the end the following:
added “(o) Subpoena authority
added “(1) Definition—In this subsection, the term covered device or system—
added “(A) means a device or system commonly used to perform industrial, commercial, scientific, or governmental functions or processes that relate to critical infrastructure, including operational and industrial control systems, distributed control systems, and programmable logic controllers; and
added “(B) does not include personal devices and systems, such as consumer mobile devices, home computers, residential wireless routers, or residential internet enabled consumer devices.
added “(2) Authority
added “(A) In general—If the Director identifies a system connected to the internet with a specific security vulnerability and has reason to believe that the security vulnerability relates to critical infrastructure and affects a covered device or system, and the Director is unable to identify the entity at risk that owns or operates the covered device or system, the Director may issue a subpoena for the production of information necessary to identify and notify the entity at risk, in order to carry out a function authorized under subsection (c)(12).
added “(B) Limit on information—A subpoena issued under the authority under subparagraph (A) may seek information—
added “(i) only in the categories set forth in subparagraphs (A), (B), (D), and (E) of section 2703(c)(2) of title 18, United States Code; and
added “(ii) for not more than 20 covered devices or systems.
added “(C) Liability protections for disclosing providers—The provisions of section 2703(e) of title 18, United States Code, shall apply to any subpoena issued under the authority under subparagraph (A).
added “(3) Coordination
added “(A) In general—If the Director decides to exercise the subpoena authority under this subsection, and in the interest of avoiding interference with ongoing law enforcement investigations, the Director shall coordinate the issuance of any such subpoena with the Department of Justice, including the Federal Bureau of Investigation, pursuant to inter-agency procedures which the Director, in coordination with the Attorney General, shall develop not later than 60 days after the date of enactment of this subsection.
added “(B) Contents—The inter-agency procedures developed under this paragraph shall provide that a subpoena issued by the Director under this subsection shall be—
added “(i) issued in order to carry out a function described in subsection (c)(12); and
added “(ii) subject to the limitations under this subsection.
added “(4) Noncompliance—If any person, partnership, corporation, association, or entity fails to comply with any duly served subpoena issued under this subsection, the Director may request that the Attorney General seek enforcement of the subpoena in any judicial district in which such person, partnership, corporation, association, or entity resides, is found, or transacts business.
added “(5) Notice—Not later than 7 days after the date on which the Director receives information obtained through a subpoena issued under this subsection, the Director shall notify any entity identified by information obtained under the subpoena regarding the subpoena and the identified vulnerability.
added “(6) Authentication
added “(A) In general—Any subpoena issued by the Director under this subsection shall be authenticated with a cryptographic digital signature of an authorized representative of the Agency, or other comparable successor technology, that allows the Agency to demonstrate that the subpoena was issued by the Agency and has not been altered or modified since it was issued by the Agency.
added “(B) Invalid if not authenticated—Any subpoena issued by the Director under this subsection that is not authenticated in accordance with subparagraph (A) shall not be considered to be valid by the recipient of the subpoena.
added “(7) Procedures—Not later than 90 days after the date of enactment of this subsection, the Director shall establish internal procedures and associated training, applicable to employees and operations of the Agency, regarding subpoenas issued under this subsection, which shall address—
added “(A) the protection of and restriction on dissemination of nonpublic information obtained through a subpoena issued under this subsection, including a requirement that the Agency shall not disseminate nonpublic information obtained through a subpoena issued under this subsection that identifies the party that is subject to the subpoena or the entity at risk identified by information obtained, except that the Agency may share the nonpublic information of the entity at risk with another the Department of Justice for the purpose of enforcing the subpoena in accordance with paragraph (4) or with a Federal agency if—
added “(i) the Agency identifies or is notified of a cybersecurity incident involving the entity, which relates to the vulnerability which led to the issuance of the subpoena;
added “(ii) the Director determines that sharing the nonpublic information with another Federal agency is necessary to allow that Federal agency to take a law enforcement or national security action, subject to the interagency procedures under paragraph (3)(A), or actions related to mitigating or otherwise resolving such incident;
added “(iii) the entity to which the information pertains is notified of the Director’s determination, to the extent practicable consistent with national security or law enforcement interests, subject to the interagency procedures under paragraph (3)(A); and
added “(iv) the entity consents, except that the entity’s consent shall not be required if another Federal agency identifies the entity to the Agency in connection with a suspected cybersecurity incident;
added “(B) the restriction on the use of information obtained through the subpoena for a cybersecurity purpose, as defined in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501);
added “(C) the retention and destruction of nonpublic information obtained through a subpoena issued under this subsection, including—
added “(i) destruction of information obtained through the subpoena that the Director determines is unrelated to critical infrastructure immediately upon providing notice to the entity pursuant to paragraph (5); and
added “(ii) destruction of any personally identifiable information not later than 6 months after the date on which the Director receives information obtained through the subpoena, unless otherwise agreed to by the individual identified by the subpoena respondent;
added “(D) the processes for providing notice to each party that is subject to the subpoena and each entity identified by information obtained under a subpoena issued under this subsection;
added “(E) the processes and criteria for conducting critical infrastructure security risk assessments to determine whether a subpoena is necessary prior to being issued under this subsection; and
added “(F) the information to be provided to an entity at risk at the time of the notice of the vulnerability, which shall include—
added “(i) a discussion or statement that responding to, or subsequent engagement with, the Agency, is voluntary; and
added “(ii) to the extent practicable, information regarding the process through which the Director identifies security vulnerabilities.
added “(8) Limitation on procedures—The internal procedures established under paragraph (7) may not require an owner or operator of critical infrastructure to take any action as a result of a notice of vulnerability made pursuant to this Act.
added “(9) Review of procedures—Not later than 1 year after the date of enactment of this subsection, the Privacy Officer of the Agency shall—
added “(A) review the procedures developed by the Director under paragraph (7) to ensure that—
added “(i) the procedures are consistent with fair information practices; and
added “(ii) the operations of the Agency comply with the procedures; and
added “(B) notify the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives of the results of the review.
added “(10) Publication of information—Not later than 120 days after establishing the internal procedures under paragraph (7), the Director shall publish information on the website of the Agency regarding the subpoena process under this subsection, including regarding—
added “(A) the purpose for subpoenas issued under this subsection;
added “(B) the subpoena process;
added “(C) the criteria for the critical infrastructure security risk assessment conducted prior to issuing a subpoena;
added “(D) policies and procedures on retention and sharing of data obtained by subpoena;
added “(E) guidelines on how entities contacted by the Director may respond to notice of a subpoena; and
added “(F) the procedures and policies of the Agency developed under paragraph (7).
added “(11) Annual reports—The Director shall annually submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report (which may include a classified annex but with the presumption of declassification) on the use of subpoenas under this subsection by the Director, which shall include—
added “(A) a discussion of—
added “(i) the effectiveness of the use of subpoenas to mitigate critical infrastructure security vulnerabilities;
added “(ii) the critical infrastructure security risk assessment process conducted for subpoenas issued under this subsection;
added “(iii) the number of subpoenas issued under this subsection by the Director during the preceding year;
added “(iv) to the extent practicable, the number of vulnerable covered devices or systems mitigated under this subsection by the Agency during the preceding year; and
added “(v) the number of entities notified by the Director under this subsection, and their response, during the previous year; and
added “(B) for each subpoena issued under this subsection—
added “(i) the source of the security vulnerability detected, identified, or received by the Director;
added “(ii) the steps taken to identify the entity at risk prior to issuing the subpoena; and
added “(iii) a description of the outcome of the subpoena, including discussion on the resolution or mitigation of the critical infrastructure security vulnerability.
added “(12) Publication of the annual reports—The Director shall publish a version of the annual report required by paragraph (11) on the website of the Agency, which shall, at a minimum, include the findings described in clauses (iii), (iv) and (v) of paragraph (11)(A).
added “(13) Prohibition on use of information for unauthorized purposes—Any information obtained pursuant to a subpoena issued under this subsection shall not be provided to any other Federal agency for any purpose other than a cybersecurity purpose, as defined in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501) or for the purpose of enforcing a subpoena under paragraph (4).”
added
Rules of construction—
added
Prohibition on new regulatory authority— Nothing in this section or the amendments made by this section shall be construed to grant the Secretary of Homeland Security (in this subsection referred to as the “Secretary”), or another Federal agency, any authority to promulgate regulations or set standards relating to the cybersecurity of private sector critical infrastructure that was not in effect on the day before the date of enactment of this Act.
added
Private entities— Nothing in this section or the amendments made by this section shall be construed to require any private entity—
added
toto request assistance from the Secretary; or
added
that requested such assistance from the Secretary to implement any measure or recommendation suggested by the Secretary.
Sec. 6089 Thad Cochran headquarters building
added
added
In general— The headquarters building of the Engineer Research and Development Center of the Corps of Engineers located at 3909 Halls Ferry Road in Vicksburg, Mississippi, shall be known and designated as the “Thad Cochran Headquarters Building”.
added
References— Any reference in a law, map, regulation, document, paper, or other record of the United States to the building referred to in subsection (a) shall be deemed to be a reference to the “Thad Cochran Headquarters Building”.
Sec. 6090 Comptroller General of the United States report on handling by Department of Veterans Affairs of disability-related benefits claims by veterans with type 1 diabetes who were exposed to a herbicide agent
addedadded The Comptroller General of the United States shall submit to Congress a report evaluating how the Department of Veterans Affairs has handled claims for disability-related benefits under laws administered by the Secretary of Veterans Affairs of veterans with type 1 diabetes who have been exposed to a herbicide agent (as defined in section 1116(a)(3) of title 38, United States Code).
Sec. 6091 Special rules for certain monthly workers’ compensation payments and other payments for Federal Government personnel under chief of mission authority
addedadded Section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) is amended—
added
in subsection (a), by inserting “or other designated heads of Federal agencies” after “The Secretary of State”; and
added
in subsection (e)(2), by striking “Department of State” and inserting “Federal Government”.
Sec. 6094A Short title
addedadded This subtitle may be cited as the “Industries of the Future Act of 2020”.
Sec. 6094B Report on Federal research and development focused on industries of the future
added
added
In general— Not later than 120 days after the date of the enactment of this Act, the Director of the Office of Science and Technology Policy shall submit to Congress a report on research and development investments, infrastructure, and workforce development investments of the Federal Government that enable continued United States leadership in industries of the future.
added
Contents— The report submitted under subsection (a) shall include the following:
added
A definition, for purposes of this Act, of the term “industries of the future” that includes emerging technologies.
added
An assessment of the current baseline of investments in civilian research and development investments of the Federal Government in the industries of the future.
added
A plan to double such baseline investments in artificial intelligence and quantum information science by fiscal year 2022.
added
A detailed plan to increase investments described in paragraph (2) in industries of the future to $10,000,000,000 per year by fiscal year 2025.
added
A plan to leverage investments described in paragraphs (2), (3), and (4) in industries of the future to elicit complimentary investments by non-Federal entities to the greatest extent practicable.
added
Proposed legislation to implement such plans.
Sec. 6094C Industries of the Future Coordination Council
added
added
Establishment—
added
In general— The President shall establish or designate a council to advise the Director of the Office of Science and Technology Policy on matters relevant to the Director and the industries of the future.
added
Designation— The council established or designated under paragraph (1) shall be known as the “Industries of the Future Coordination Council” (in this section the “Council”).
added
Membership—
added
Composition— The Council shall be composed of members from the Federal Government as follows:
added
One member appointed by the Director.
added
A chairperson of the Select Committee on Artificial Intelligence of the National Science and Technology Council.
added
A chairperson of the Subcommittee on Advanced Manufacturing of the National Science and Technology Council.
added
A chairperson of the Subcommittee on Quantum Information Science of the National Science and Technology Council.
added
Such other members as the President considers appropriate.
added
Chairperson— The member appointed to the Council under paragraph (1)(A) shall serve as the chairperson of the Council.
added
Duties— The duties of the Council are as follows:
added
To provide the Director with advice on ways in which in the Federal Government can ensure the United States continues to lead the world in developing emerging technologies that improve the quality of life of the people of the United States, increase economic competitiveness of the United States, and strengthen the national security of the United States, including identification of the following:
added
Investments required in fundamental research and development, infrastructure, and workforce development of the United States workers who will support the industries of the future.
added
Actions necessary to create and further develop the workforce that will support the industries of the future.
added
Actions required to leverage the strength of the research and development ecosystem of the United States, which includes academia, industry, and nonprofit organizations.
added
Ways that the Federal Government can consider leveraging existing partnerships and creating new partnerships and other multisector collaborations to advance the industries of the future.
added
To provide the Director with advice on matters relevant to the report required by section 6092B.
added
Coordination— The Council shall coordinate with and utilize relevant existing National Science and Technology Council committees to the maximum extent feasible in order to minimize duplication of effort.
added
Sunset— The Council shall terminate on the date that is 6 years after the date of the enactment of this Act.
Sec. 6096 Short title
addedadded This subtitle may be cited as the “Reliable Emergency Alert Distribution Improvement Act of 2020” or “READI Act”.
Sec. 6096A Definitions
addedadded In this subtitle—
added
the term Administrator means the Administrator of the Federal Emergency Management Agency;
added
the term Commission means the Federal Communications Commission;
added
the term Emergency Alert System means the national public warning system, the rules for which are set forth in part 11 of title 47, Code of Federal Regulations (or any successor regulation); and
added
the term Wireless Emergency Alerts System means the wireless national public warning system established under the Warning, Alert, and Response Network Act (47 U.S.C. 1201 et seq.), the rules for which are set forth in part 10 of title 47, Code of Federal Regulations (or any successor regulation).
Sec. 6096B Wireless Emergency Alerts System offerings
added
added
Amendment— Section 602(b)(2)(E) of the Warning, Alert, and Response Network Act (47 U.S.C. 1201(b)(2)(E)) is amended—
added
by striking the second and third sentences; and
added
by striking “other than an alert issued by the President.” and inserting the following:
added “(i) the President; or
added “(ii) the Administrator of the Federal Emergency Management Agency.”
added
Regulations— Not later than 180 days after the date of enactment of this Act, the Commission, in consultation with the Administrator, shall adopt regulations to implement the amendment made by subsection (a)(2).
Sec. 6096C State Emergency Alert System Plans and Emergency Communications Committees
added
added
Definitions— In this section—
added
the term SECC means a State Emergency Communications Committee;
added
the term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States; and
added
the term State EAS Plan means a State Emergency Alert System Plan.
added
State Emergency Communications Committee— Not later than 180 days after the date of enactment of this Act, the Commission shall adopt regulations that—
added
encourage the chief executive of each State—
added
to establish an SECC if the State does not have an SECC; or
added
if the State has an SECC, to review the composition and governance of the SECC;
added
provide that—
added
each SECC, not less frequently than annually, shall—
added
meet to review and update its State EAS Plan;
added
certify to the Commission that the SECC has met as required under clause (i); and
added
submit to the Commission an updated State EAS Plan; and
added
not later than 60 days after the date on which the Commission receives an updated State EAS Plan under subparagraph (A)(iii), the Commission shall—
added
approve or disapprove the updated State EAS Plan; and
added
notify the chief executive of the State of the Commission's findings; and
added
establish a State EAS Plan content checklist for SECCs to use when reviewing and updating a State EAS Plan for submission to the Commission under paragraph (2)(A).
added
Consultation— The Commission shall consult with the Administrator regarding the adoption of regulations under subsection (b)(3).
Sec. 6096D Integrated public alert and warning system guidance
added
added
In general— Not later than 1 year after the date of enactment of this Act, the Administrator shall develop and issue guidance on how State, Tribal, and local governments can participate in the integrated public alert and warning system of the United States described in section 526 of the Homeland Security Act of 2002 (6 U.S.C. 321o) (referred to in this section as the public alert and warning system) while maintaining the integrity of the public alert and warning system, including—
added
guidance on the categories of public emergencies and appropriate circumstances that warrant an alert and warning from State, Tribal, and local governments using the public alert and warning system;
added
the procedures for State, Tribal, and local government officials to authenticate civil emergencies and initiate, modify, and cancel alerts transmitted through the public alert and warning system, including protocols and technology capabilities for—
added
the initiation, or prohibition on the initiation, of alerts by a single authorized or unauthorized individual;
added
testing a State, Tribal, or local government incident management and warning tool without accidentally initiating an alert through the public alert and warning system; and
added
steps a State, Tribal, or local government official should take to mitigate the possibility of the issuance of a false alert through the public alert and warning system;
added
the standardization, functionality, and interoperability of incident management and warning tools used by State, Tribal, and local governments to notify the public of an emergency through the public alert and warning system;
added
the annual training and recertification of emergency management personnel on requirements for originating and transmitting an alert through the public alert and warning system;
added
the procedures, protocols, and guidance concerning the protective action plans that State, Tribal, and local governments should issue to the public following an alert issued under the public alert and warning system;
added
the procedures, protocols, and guidance concerning the communications that State, Tribal, and local governments should issue to the public following a false alert issued under the public alert and warning system;
added
a plan by which State, Tribal, and local government officials may, during an emergency, contact each other as well as Federal officials and participants in the Emergency Alert System and the Wireless Emergency Alerts System, when appropriate and necessary, by telephone, text message, or other means of communication regarding an alert that has been distributed to the public; and
added
any other procedure the Administrator considers appropriate for maintaining the integrity of and providing for public confidence in the public alert and warning system.
added
Coordination with National Advisory Council report— The Administrator shall ensure that the guidance developed under subsection (a) does not conflict with recommendations made for improving the public alert and warning system provided in the report submitted by the National Advisory Council under section 2(b)(7)(B) of the Integrated Public Alert and Warning System Modernization Act of 2015 (Public Law 114–143; 130 Stat. 332).
added
Public consultation— In developing the guidance under subsection (a), the Administrator shall ensure appropriate public consultation and, to the extent practicable, coordinate the development of the guidance with stakeholders of the public alert and warning system, including—
added
appropriate personnel from Federal agencies, including the National Institute of Standards and Technology, the Federal Emergency Management Agency, and the Commission;
added
representatives of State and local governments and emergency services personnel, who shall be selected from among individuals nominated by national organizations representing those governments and personnel;
added
representatives of federally recognized Indian Tribes and national Indian organizations;
added
communications service providers;
added
vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the provision of communications services;
added
third-party service bureaus;
added
the national organization representing the licensees and permittees of noncommercial broadcast television stations;
added
technical experts from the broadcasting industry, including representatives of both the non-commercial and commercial radio broadcast industries and non-commercial and commercial television broadcast industries;
added
educators from the Emergency Management Institute; and
added
other individuals with technical expertise as the Administrator determines appropriate.
added
Inapplicability of FACA— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the public consultation with stakeholders under subsection (c).
added
Rule of construction— Nothing in subsection (a) shall be construed to amend, supplement, or abridge the authority of the Commission under the Communications Act of 1934 (47 U.S.C. 151 et seq.) or in any other manner give the Administrator authority over communications service providers participating in the Emergency Alert System or the Wireless Emergency Alerts System.
Sec. 6096E False alert reporting
addedadded Not later than 180 days after the date of enactment of this Act, the Commission, in consultation with the Administrator, shall complete a rulemaking proceeding to establish a system to receive from the Administrator or State, Tribal, or local governments reports of false alerts under the Emergency Alert System or the Wireless Emergency Alerts System for the purpose of recording such false alerts and examining their causes.
Sec. 6096F Repeating Emergency Alert System messages for national security
added
added
In general— Not later than 180 days after the date of enactment of this Act, the Commission, in consultation with the Administrator, shall complete a rulemaking proceeding to modify the Emergency Alert System to provide for repeating Emergency Alert System messages while an alert remains pending that is issued by—
added
the President;
added
the Administrator; or
added
any other entity under specified circumstances as determined by the Commission, in consultation with the Administrator.
added
Scope of rulemaking— Subsection (a)—
added
shall apply to warnings of national security events, meaning emergencies of national significance, such as a missile threat, terror attack, or other act of war; and
added
shall not apply to more typical warnings, such as a weather alert, AMBER Alert, or disaster alert.
Sec. 6096G Internet and online streaming services emergency alert examination
added
added
Study— Not later than 180 days after the date of enactment of this Act, and after providing public notice and opportunity for comment, the Commission shall complete an inquiry to examine the feasibility of updating the Emergency Alert System to enable or improve alerts to consumers provided through the internet, including through streaming services.
added
Report— Not later than 90 days after completing the inquiry under subsection (a), the Commission shall submit a report on the findings and conclusions of the inquiry to—
added
the Committee on Commerce, Science, and Transportation of the Senate; and
added
the Committee on Energy and Commerce of the House of Representatives.
Sec. 6211 Congressional oversight of United States talks with Taliban officials and Afghanistan’s comprehensive peace process
added
added
Definitions— In this section:
added
Appropriate congressional committees— The term appropriate congressional committees means—
added
the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and
added
the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.
added
Government of Afghanistan— The term Government of Afghanistan means the Government of the Islamic Republic of Afghanistan and its agencies, instrumentalities, and controlled entities.
added
The Taliban— The term the Taliban—
added
refers to the organization that refers to itself as the “Islamic Emirate of Afghanistan”, that was founded by Mohammed Omar, and that is currently led by Mawlawi Hibatullah Akhundzada; and
added
includes subordinate organizations, such as the Haqqani Network, and any successor organization.
added
February 29 Agreement— The term February 29 Agreement refers to the political arrangement between the United States and the Taliban titled “Agreement for Bringing Peace to Afghanistan Between the Islamic Emirate of Afghanistan which is not recognized by the United States as a state and is known as the Taliban and the United States of America” signed at Doha, Qatar February 29, 2020.
added
Oversight of peace process and other agreements—
added
Transmission to Congress of materials relevant to the February 29 Agreement— The Secretary of State, in consultation with the Secretary of Defense, shall continue to submit to the appropriate congressional committees materials relevant to the February 29 Agreement.
added
Submission to Congress of any future deals involving the Taliban— The Secretary of State shall submit to the appropriate congressional committees, within 5 days of conclusion and on an ongoing basis thereafter, any future agreement or arrangement involving the Taliban in any manner, as well as materials relevant to any future agreement or arrangement involving the Taliban in any manner.
added
Definitions— In this subsection, the terms materials relevant to the February 29 Agreement and materials relevant to any future agreement or arrangement include all annexes, appendices, and instruments for implementation of the February 29 Agreement or a future agreement or arrangement, as well as any understandings or expectations related to the Agreement or a future agreement or arrangement.
added
Report and briefing on verification and compliance—
added
In general—
added
Report— Not later than 90 days after the date of the enactment of this Act, and not less frequently than once every 120 days thereafter, the President shall submit to the appropriate congressional committees a report verifying whether the key tenets of the February 29 Agreement, or future agreements, and accompanying implementing frameworks are being preserved and honored.
added
Briefing— At the time of each report submitted under subparagraph (A), the Secretary of State shall direct a Senate-confirmed Department of State official and other appropriate officials to brief the appropriate congressional committees on the contents of the report. The Director of National Intelligence shall also direct an appropriate official to participate in the briefing.
added
Elements— The report and briefing required under paragraph (1) shall include—
added
an assessment—
added
of the Taliban’s compliance with counterterrorism guarantees, including guarantees to deny safe haven and freedom of movement to al-Qaeda and other terrorist threats from operating on territory under its influence; and
added
whether the United States intelligence community has collected any intelligence indicating the Taliban does not intend to uphold its commitments;
added
an assessment of Taliban actions against terrorist threats to United States national security interests;
added
an assessment of whether Taliban officials have made a complete, transparent, public, and verifiable breaking of all ties with al-Qaeda;
added
an assessment of the current relationship between the Taliban and al-Qaeda, including any interactions between members of the two groups in Afghanistan, Pakistan, or other countries, and any change in Taliban conduct towards al-Qaeda since February 29, 2020;
added
an assessment of the relationship between the Taliban and any other terrorist group that is assessed to threaten the security of the United States or its allies, including any change in conduct since February 29, 2020;
added
an assessment of whether the Haqqani Network has broken ties with al-Qaeda, and whether the Haqqani Network’s leader Sirajuddin Haqqani remains part of the leadership structure of the Taliban;
added
an assessment of threats emanating from Afghanistan against the United States homeland and United States partners, and a description of how the United States Government is responding to those threats;
added
an assessment of intra-Afghan discussions, political reconciliation, and progress towards a political roadmap that seeks to serve all Afghans;
added
an assessment of the viability of any intra-Afghan governing agreement;
added
an assessment as to whether the terms of any reduction in violence or ceasefire are being met by all sides in the conflict;
added
a detailed overview of any United States and NATO presence remaining in Afghanistan and any planned changes to such force posture;
added
an assessment of the status of human rights, including the rights of women, minorities, and youth;
added
an assessment of the access of women, minorities, and youth to education, justice, and economic opportunities in Afghanistan;
added
an assessment of the status of the rule of law and governance structures at the central, provincial, and district levels of government;
added
an assessment of the media and of the press and civil society’s operating space in Afghanistan;
added
an assessment of illicit narcotics production in Afghanistan, its linkages to terrorism, corruption, and instability, and policies to counter illicit narcotics flows;
added
an assessment of corruption in Government of Afghanistan institutions at the district, provincial, and central levels of government;
added
an assessment of the number of Taliban and Afghan prisoners and any plans for the release of such prisoners from either side;
added
an assessment of any malign Iranian, Chinese, and Russian influence in Afghanistan;
added
an assessment of how other regional actors, such as Pakistan, are engaging with Afghanistan;
added
a detailed overview of national-level efforts to promote transitional justice, including forensic efforts and documentation of war crimes, mass killings, or crimes against humanity, redress to victims, and reconciliation activities;
added
A detailed overview of United States support for Government of Afghanistan and civil society efforts to promote peace and justice at the local level and how these efforts are informing government-level policies and negotiations;
added
an assessment of the progress made by the Afghanistan Ministry of Interior and the Office of the Attorney General to address gross violations of human rights (GVHRs) by civilian security forces, Taliban, and non-government armed groups, including—
added
a breakdown of resources provided by the Government of Afghanistan towards these efforts; and
added
a summary of assistance provided by the United States Government to support these efforts; and
added
an overview of civilian casualties caused by the Taliban, non-government armed groups, and Afghan National Defense and Security Forces, including—
added
an estimate of the number of destroyed or severely damaged civilian structures;
added
a description of steps taken by the Government of Afghanistan to minimize civilian casualties and other harm to civilians and civilian infrastructure;
added
an assessment of the Government of Afghanistan’s capacity and mechanisms for investigating reports of civilian casualties; and
added
an assessment of the Government of Afghanistan’s efforts to hold local militias accountable for civilian casualties.
added
Counterterrorism strategy— In the event that the Taliban does not meet its counterterrorism obligations under the February 29 Agreement, the report and briefing required under this subsection shall include information detailing the United States’ counterterrorism strategy in Afghanistan and Pakistan.
added
Form— The report required under subparagraph (A) of paragraph (1) shall be submitted in unclassified form, but may include a classified annex, and the briefing required under subparagraph (B) of such paragraph shall be conducted at the appropriate classification level.
added
Rule of construction— Nothing in this section shall prejudice whether a future deal involving the Taliban in any manner constitutes a treaty for purposes of Article II of the Constitution of the United States.
added
Sunset— Except for subsections (b) and (d), the provisions of this section shall cease to be effective on the date that is 5 years after the date of the enactment of this Act.
Sec. 6231 Clarification and expansion of sanctions relating to construction of Nord Stream 2 or TurkStream pipeline projects
added
added
In general— Subsection (a)(1) of section 7503 of the Protecting Europe’s Energy Security Act of 2019 (title LXXV of Public Law 116–92) is amended—
added
in subparagraph (A), by inserting “or pipe-laying activities” after “pipe-laying”; and
added
in subparagraph (B)—
added
in clause (i)—
added
by inserting “, or facilitated selling, leasing, or providing,” after “provided”; and
added
by striking “; or” and inserting a semicolon;
added
in clause (ii), by striking the period at the end and inserting a semicolon; and
added
by adding at the end the following:
added “(iii) provided underwriting services or insurance or reinsurance for those vessels;
added “(iv) provided services or facilities for technology upgrades or installation of welding equipment for, or retrofitting or tethering of, those vessels; or
added “(v) provided services for the testing, inspection, or certification necessary for, or associated with the operation of, the Nord Stream 2 pipeline.”
added
Definitions— Subsection (i) of such section is amended—
added
by redesignating paragraph (5) as paragraph (6); and
added
by inserting after paragraph (4) the following:
added “(5) Pipe-laying activities—The term pipe-laying activities means activities that facilitate pipe-laying, including site preparation, trenching, surveying, placing rocks, backfilling, stringing, bending, welding, coating, and lowering of pipe.”
Sec. 6235 Sense of Senate on admission of Ukraine to the North Atlantic Treaty Organization Enhanced Opportunities Partnership Program
added
added
Ineffectiveness of section 1235— Section 1235 shall have no force or effect.
added
Findings— Congress makes the following findings:
added
On August 24, 1991, Ukraine became a free and independent country after declaring its independence from the Soviet Union.
added
The Russian Federation is required to respect the independence, sovereignty, and territorial integrity of Ukraine through its signed commitments to the 1994 Budapest Memorandum, the 1975 Helsinki Accords, and the Charter of the United Nations.
added
On February 8, 1994, Ukraine was among the first post-Soviet states to join the North Atlantic Treaty Organization's Partnership for Peace, and Ukraine subsequently participated in numerous North Atlantic Treaty Organization-led security assistance, peacekeeping, counterterror, and maritime initiatives.
added
The North Atlantic Treaty Organization and Ukraine have continuously deepened their cooperation through the establishment of—
added
the North Atlantic Treaty Organization-Ukraine Charter on a Distinctive Partnership and the North Atlantic Treaty Organization-Ukraine Commission in 1997;
added
the North Atlantic Treaty Organization-Ukraine Joint Working Group on Defense Reform in 1998; and
added
the North Atlantic Treaty Organization-Ukraine Action Plan in 2002.
added
In the Bucharest Summit Declaration of April 2008, heads of state and governments of North Atlantic Treaty Organization member countries declared, “NATO welcomes Ukraine’s and Georgia’s Euro-Atlantic aspirations for membership in NATO. We agreed today that these countries will become members of NATO.”.
added
Beginning on November 21, 2013, and ending on February 22, 2014, during a period that became known as the Revolution of Dignity, the people of Ukraine peacefully protested the decision of then President Viktor Yanukovych to suspend the signing of the Ukraine-European Union Association Agreement, resulting in the unanimous removal from office of Yanukovych by the Verkhovna Rada.
added
On May 25, 2014, Peter Poroshenko was elected democratically to become the President of Ukraine based on a pro-European Union and pro-North Atlantic Treaty Organization platform, which laid the foundation for progress on the European Union Association Agreement.
added
In response to Ukraine’s Revolution of Dignity, the Russian Federation launched an overt and covert military campaign against Ukraine, illegally occupied Ukraine’s Crimean Peninsula, and instigated war in eastern Ukraine, resulting in the deaths of approximately 14,000 Ukrainians.
added
The Russian Federation’s invasion and illegal occupation of the Crimean Peninsula and instigation of conflict in eastern Ukraine in 2014 was widely viewed as an effort to stifle pro-democracy and pro-Western developments across Ukraine in the wake of the Revolution of Dignity.
added
At the 2014 Wales Summit, the North Atlantic Treaty Organization adopted the Enhanced Opportunities Partnership Program as a component of the North Atlantic Treaty Organization Partnership Interoperability Initiative, which would “encourage, facilitate, and sustain” Ukraine’s contributions to the North Atlantic Treaty Organization.
added
In 2016, as a result of the Warsaw Summit, the North Atlantic Treaty Organization pledged additional training and technical support for the military forces of Ukraine and endorsed a comprehensive assistance package that included “tailored capability and capacity building measures … to enhance Ukraine’s resilience against a wide array of threats, including hybrid threats”.
added
In 2017, in the face of continued Russian Federation aggression in the eastern region of Ukraine and the continued occupation of Crimea, the Government of Ukraine rejected cooperation with the Russian Federation and voted to make cooperation with the North Atlantic Treaty Organization a foreign policy priority.
added
On September 1, 2017, the Ukraine-European Union Association Agreement entered into force.
added
On April 21, 2019, the new president of Ukraine, Volodymyr Zelenskyy—
added
reaffirmed to European Union and North Atlantic Treaty Organization leaders that Ukraine’s strategic course was to achieve full membership in the European Union and the North Atlantic Treaty Organization; and
added
championed the adoption of an amendment to the Constitution of Ukraine declaring that the Government of Ukraine is responsible for implementing such strategic course toward membership in the European Union and the North Atlantic Treaty Organization.
added
In January 2020, the Government of Ukraine requested that the North Atlantic Treaty Organization grant Ukraine the status of an Enhanced Opportunities Partner.
added
Since Ukraine’s Revolution of Dignity and in recognition of the United States-Ukraine strategic partnership, the United States has—
added
provided Ukraine with more than $1,600,000,000 in security assistance, including critical defense items;
added
collaborated closely with the military forces of Ukraine; and
added
imposed strong sanctions on the Russian Federation in response to continued Russian Federation aggression in Ukraine.
added
On June 12, 2020, the North Atlantic Treaty Organization welcomed Ukraine into the Enhanced Opportunities Partnership program, joining Australia, Finland, Sweden, Georgia, and Jordan.
added
Sense of Senate— It is the sense of the Senate that the Senate—
added
applauds the progress of Ukraine and the Revolution of Dignity with respect to strengthening the rule of law and combating corruption, aligning with Euro-Atlantic norms and standards, and improving Ukraine's military combat readiness and interoperability with the North Atlantic Treaty Organization;
added
affirms the unwavering commitment of the United States to—
added
supporting the continued efforts of Ukraine to implement democratic and free market reforms;
added
restoring the territorial integrity of Ukraine; and
added
providing additional lethal and nonlethal security assistance to strengthen the defense capabilities of Ukraine and to deter further Russian Federation aggression;
added
condemns the Russian Federation’s ongoing use of force and other malign activities against Ukraine and renews its call on the Government of the Russian Federation to immediately cease all activities that seek to undermine Ukraine and destabilize Europe; and
added
congratulates Ukraine on its inclusion in the North Atlantic Treaty Organization Enhanced Opportunities Partnership program and on the establishment of a roadmap to full NATO accession for Ukraine.
Sec. 6251 Pilot program to improve cyber cooperation with Vietnam, Thailand, and Indonesia
added
added
In general— The Secretary of Defense, in consultation with the Secretary of State, may establish a pilot program in Vietnam, Thailand, and Indonesia—
added
to enhance the cyber security, resilience, and readiness of Vietnam, Thailand, and Indonesia; and
added
to increase regional cooperation between the United States and Vietnam, Thailand, and Indonesia on cyber issues.
added
Elements— The activities of the pilot program under subsection (a) shall include the following:
added
Provision of training to cybersecurity and computer science professionals in Vietnam, Thailand, and Indonesia.
added
An expansion of the capacity of organizations involved in the training of such cybersecurity and computer science professionals.
added
The facilitation of regular policy dialogues between and among the United States Government and the governments of Vietnam, Thailand, and Indonesia with respect to the development of infrastructure to protect against cyber attacks.
added
An evaluation of legal and other barriers to reforms relevant to cybersecurity and technology in Vietnam, Thailand, and Indonesia.
added
A feasibility study on establishing a public-private partnership to build cloud-computing capacity in Vietnam, Thailand, and Indonesia and in Southeast Asia more broadly.
added
The development of cooperative exercises, to be carried out in future years, to enhance collaboration between the United States Government and the governments of Vietnam, Thailand, and Indonesia.
added
Funding— The Secretary of Defense may enter into cooperative agreements with entities that receive funds under section 211 of the Vietnam Education Foundation Act of 2000 (title II of division B of H.R. 5666, as enacted by section 1(a)(4) of Public Law 106–554 and contained in appendix D of that Act; 114 Stat. 2763A–254; 22 U.S.C. 2452 note), as added by section 7085 of the Consolidated and Further Appropriations Act, 2015 (Public Law 113–235; 128 Stat. 2685), to carry out the pilot program under subsection (a).
added
Reports—
added
Design of pilot program— Not later than June 1, 2021, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress a report on the design of the pilot program under subsection (a).
added
Progress report— Not later than December 31, 2021, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the appropriate committees of Congress a report on the pilot program under subsection (a) that includes—
added
a description of the activities conducted and the results of such activities; and
added
an assessment of legal and other barriers to reforms relevant to cybersecurity and technology in Vietnam, Thailand, and Indonesia.
added
Authorization of appropriations— There is authorized to be appropriated $5,000,000 for fiscal year 2021 to carry out this section.
added
Offset— The amount authorized to be appropriated by this Act for operation and maintenance, Navy, and available for SAG 1CCS for military information support operations, is hereby reduced by $5,000,000.
added
Appropriate committees of Congress defined— In this section, the term appropriate committees of Congress means—
added
the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
added
the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
Sec. 6273 Report on risk to personnel, equipment, and operations due to Huawei 5G architecture in host countries
addedadded Section 1273 shall have no force or effect.
Sec. 6281 Comparative studies on defense budget transparency of the People's Republic of China, the Russian Federation, and the United States
added
added
Studies required—
added
Department of Defense study— Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Director of the Defense Intelligence Agency, in consultation with the Under Secretary of Defense (Comptroller), the Director of the Office of Cost Assessment and Program Evaluation, the Director of the Office of Net Assessment, the Assistant Secretary of Defense for Indo-Pacific Security Affairs, and the Assistant Secretary of Defense for International Security Affairs, shall complete a comparative study on the defense budgets of the People's Republic of China, the Russian Federation, and the United States.
added
Independent study—
added
In general— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall offer to enter into an agreement with not more than two entities independent of the Department to conduct a comparative study on the defense budgets of the People's Republic of China, the Russian Federation, and the United States, to be completed not later than 270 days after the date of the enactment of this Act.
added
Federally funded research and development center— Not fewer than one entity described in subparagraph (A) shall be a federally funded research and development center.
added
Goal— The goal of the studies required by subsection (a) shall be to develop a methodologically sound set of assumptions to underpin a comparison of the defense spending of the People's Republic of China, the Russian Federation, and the United States.
added
Elements— Each study required by subsection (a) shall do the following:
added
Develop consistent functional categories for spending, including—
added
defense-related research and development;
added
weapons procurement;
added
operations and maintenance; and
added
pay and benefits.
added
Consider the effects of purchasing power parity and market exchange rates, particularly on nontraded goods.
added
Consider differences in the relative prices of goods and labor within each subject country.
added
Compare the costs of labor and benefits for the defense workforce of each subject country.
added
Account for discrepancies in the manner in which each subject country accounts for certain functional types of defense-related spending.
added
Explicitly estimate the magnitude of omitted spending from official defense budget information.
added
Evaluate the adequacy of the United Nations database on military expenditures.
added
Exclude spending related to veterans’ benefits.
added
Report— Not later than 30 days after the date on which the studies required by subsection (a) are completed, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of each study, together with the views of the Secretary on each study.
added
Form— The report required by subsection (d) shall be submitted in unclassified form, but may include a classified annex.
Sec. 6282 Modification to initiative to support protection of national security academic researchers from undue influence and other security threats
addedadded Section 1286 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note) is amended—
added
by redesignating subsection (f) as subsection (g); and
added
by adding after subsection (e) the following new subsection (f):
added “(f) Designation of academic liaison
added “(1) In general—Not later than 180 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2021, the Secretary, acting through the Under Secretary of Defense for Research and Engineering, shall designate an academic liaison with principal responsibility for working with the academic community to protect Department-sponsored academic research of concern from undue foreign influence.
added “(2) Qualification—The Secretary shall designate an individual under paragraph (1) who is an official of the Office of the Under Secretary of Defense for Research and Engineering.
added “(3) Duties—The duties of the academic liaison designated under paragraph (1) shall be as follows:
added “(A) To serve as the liaison of the Department with the academic community.
added “(B) To conduct annual outreach and education activities for the academic community on undue foreign influence and threats to Department-sponsored academic research of concern.
added “(C) To coordinate and align academic security policies with Department component agencies, the Office of Science and Technology Policy, the intelligence community, Federal science agencies, and Federal regulatory agencies, including agencies involved in export controls.
added “(D) To the extent practicable, to coordinate on an annual basis with the intelligence community to share, not less frequently than annually, with the academic community unclassified information, including counterintelligence information, on threats from undue foreign influence.
added “(E) Any other related responsibility, as determined by the Secretary in consultation with the Under Secretary of Defense for Research and Engineering.
added “(F) Any other duty, as determined by the Secretary.”
Sec. 6283 Sense of Senate on United States-Israel cooperation on precision-guided munitions
addedadded It is the sense of the Senate that—
added
the Department of Defense has cooperated extensively with Israel to assist in the procurement of precision-guided munitions, and such cooperation represents an important example of robust United States support for Israel;
added
to the extent practicable, the Secretary of Defense should take further measures to expedite deliveries of precision-guided munitions to Israel; and
added
regularized annual purchases of precision-guided munitions by Israel, in accordance with existing requirements and practices regarding the export of defense articles and defense services, coordinated with the United States Air Force annual purchase of precision-guided munitions, would enhance the security of both the United States and Israel by—
added
promoting a more efficient use of defense resources by taking advantage of economies of scale;
added
enabling the United States and Israel to address crisis requirements for precision-guided munitions in a timely and flexible manner; and
added
encouraging the defense industrial base to maintain routine production lines of precision-guided munitions.
Sec. 6284 Blocking deadly fentanyl imports
added
added
Short title— This section may be cited as the “Blocking Deadly Fentanyl Imports Act”.
added
Definitions— Section 481(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)) is amended—
added
in paragraph (2)—
added
in the matter preceding subparagraph (A), by striking “in which”;
added
in subparagraph (A), by inserting “in which” before “1,000”;
added
in subparagraph (B)—
added
by inserting “in which” before “1,000”; and
added
by striking “or” at the end;
added
in subparagraph (C)—
added
by inserting “in which” before “5,000”; and
added
by inserting “or” after the semicolon; and
added
by adding at the end the following:
added “(D) that is a significant source of illicit synthetic opioids significantly affecting the United States;”
added
in paragraph (4)—
added
in subparagraph (C), by striking “and” at the end;
added
in subparagraph (D), by adding “and” at the end; and
added
by adding at the end the following:
added “(E) assistance that furthers the objectives set forth in paragraphs (1) through (4) of section 664(b) of the Foreign Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2151n–2(b));
added “(F) assistance to combat trafficking authorized under the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7101 et seq.)); and
added “(G) global health assistance authorized under sections 104 through 104C of the Foreign Assistance Act of 1961 (22 U.S.C. 2151b through 22 U.S.C. 2151b–4).”
added
International narcotics control strategy report— Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)) is amended by adding at the end the following:
added “(9) A separate section that contains the following:
added “(A) An identification of the countries, to the extent feasible, that are the most significant sources of illicit fentanyl and fentanyl analogues significantly affecting the United States during the preceding calendar year.
added “(B) A description of the extent to which each country identified pursuant to subparagraph (A) has cooperated with the United States to prevent the articles or chemicals described in subparagraph (A) from being exported from such country to the United States.
added “(C) A description of whether each country identified pursuant to subparagraph (A) has adopted and utilizes scheduling or other procedures for illicit drugs that are similar in effect to the procedures authorized under title II of the Controlled Substances Act (21 U.S.C. 811 et seq.) for adding drugs and other substances to the controlled substances schedules;
added “(D) A description of whether each country identified pursuant to subparagraph (A) is following steps to prosecute individuals involved in the illicit manufacture or distribution of controlled substance analogues (as defined in section 102(32) of the Controlled Substances Act (21 U.S.C. 802(32)); and
added “(E) A description of whether each country identified pursuant to subparagraph (A) requires the registration of tableting machines and encapsulating machines or other measures similar in effect to the registration requirements set forth in part 1310 of title 21, Code of Federal Regulations, and has not made good faith efforts, in the opinion of the Secretary, to improve regulation of tableting machines and encapsulating machines.”
added
Withholding of bilateral and multilateral assistance—
added
In general— Section 490(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j(a)) is amended—
added
in paragraph (1), by striking “or country identified pursuant to clause (i) or (ii) of section 489(a)(8)(A) of this Act” and inserting “country identified pursuant to section 489(a)(8)(A), or country thrice identified during a 5-year period pursuant to section 489(a)(9)(A)”; and
added
in paragraph (2), by striking “or major drug-transit country (as determined under subsection (h)) or country identified pursuant to clause (i) or (ii) of section 489(a)(8)(A) of this Act” and inserting “, major drug-transit country, country identified pursuant to section 489(a)(8)(A), or country thrice identified during a 5-year period pursuant to section 489(a)(9)(A)”.
added
Designation of illicit fentanyl countries without scheduling procedures— Section 706(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j–1(2)) is amended—
added
in the matter preceding subparagraph (A), by striking “also”;
added
in subparagraph (A)(ii), by striking “and” at the end;
added
by redesignating subparagraph (B) as subparagraph (D);
added
by inserting after subparagraph (A) the following:
added “(B) designate each country, if any, identified under section 489(a)(9) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)(9)) that has failed to adopt and utilize scheduling procedures for illicit drugs that are comparable to the procedures authorized under title II of the Controlled Substances Act (21 U.S.C. 811 et seq.) for adding drugs and other substances to the controlled substances schedules;”
added
in subparagraph (D), as redesignated, by striking “so designated” and inserting “designated under subparagraph (A), (B), or (C)”.
added
Designation of illicit fentanyl countries without ability To prosecute criminals for the manufacture or distribution of fentanyl analogues— Section 706(2) of the Foreign Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j–1(2)), as amended by paragraph (2), is further amended by inserting after subparagraph (B) the following:
added “(C) designate each country, if any, identified under section 489(a)(9) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)(9)) that has not taken significant steps to prosecute individuals involved in the illicit manufacture or distribution of controlled substance analogues (as defined in section 102(32) of the Controlled Substances Act (21 U.S.C. 802(32));”
added
Limitation on assistance for designated countries— Section 706(3) of the Foreign Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j–1(3)) is amended by striking “also designated under paragraph (2) in the report” and inserting “designated in the report under paragraph (2)(A) or thrice designated during a 5-year period in the report under subparagraph (B) or (C) of paragraph (2)”.
added
Exception to the limitation on assistance— Section 706(5) of the Foreign Relations Authorization Act, Fiscal Year 2003 (22 U.S.C. 2291j–1(5)) is amended—
added
by redesignating subparagraph (C) as subparagraph (F);
added
by inserting after subparagraph (B) the following:
added “(C) Notwithstanding paragraph (3), assistance to promote democracy (as described in section 481(e)(4)(E) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)(4)(E))) shall be provided to countries identified in a report under paragraph (1) and designated under subparagraph (B) or (C) of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph.
added “(D) Notwithstanding paragraph (3), assistance to combat trafficking (as described in section 481(e)(4)(F) of such Act) shall be provided to countries identified in a report under paragraph (1) and designated under subparagraph (B) or (C) of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph.
added “(E) Notwithstanding paragraph (3), global health assistance (as described in section 481(e)(4)(G) of such Act) shall be provided to countries identified in a report under paragraph (1) and designated under subparagraph (B) or (C) of paragraph (2), to the extent such countries are otherwise eligible for such assistance, regardless of whether the President reports to the appropriate congressional committees in accordance with such paragraph”
added
in subparagraph (F), as redesignated, by striking “section clause (i) or (ii) of” and inserting “clause (i) or (ii) of section”.
added
Effective date— The amendments made by this section shall take effect on the date that is 90 days after the date of the enactment of this Act.
Sec. 6286 Establishment of United States-Israel Operations-Technology Working Group
addedadded The reference in section 1286(b)(5)(A) to the “Minister of Defense of Israel” is deemed to refer to the “Secretary of State and the Minister of Defense of Israel”.
Sec. 6290 Short title
addedadded This subtitle may be cited as the “United States-Israel Security Assistance Authorization Act of 2020”.
Sec. 6290A Definition
addedadded In this subtitle, the term appropriate congressional committees means—
added
the Committee on Foreign Relations of the Senate;
added
the Committee on Armed Services of the Senate;
added
the Committee on Foreign Affairs of the House of Representatives; and
added
the Committee on Armed Services of the House of Representatives.
Sec. 6291 Findings
addedadded Congress makes the following findings:
added
On September 14, 2016, the United States and Israel signed a 10-year Memorandum of Understanding to reaffirm the importance of continuing annual United States military assistance to Israel and cooperative missile defense programs in a way that enhances Israel’s security and strengthens the bilateral relationship between the 2 countries.
added
The 2016 Memorandum of Understanding reflects United States support of Foreign Military Financing grant assistance to Israel over a 10-year period beginning in fiscal year 2019 and ending in fiscal year 2028.
added
The 2016 Memorandum of Understanding also reflects United States support for funding for cooperative programs to develop, produce, and procure missile, rocket, and projectile defense capabilities during such 10-year period at an average funding level of $500,000,000 per year, totaling $5,000,000,000 for such period.
Sec. 6292 Statement of policy
addedadded It is the policy of the United States to provide assistance to the Government of Israel for the development and acquisition of advanced capabilities that Israel requires to meet its security needs and to enhance United States capabilities.
Sec. 6293 Security assistance for Israel
addedadded Section 513(c) of the Security Assistance Act of 2000 (Public Law 106–280; 114 Stat. 856) is amended—
added
in paragraph (1), by striking “2002 and 2003” and inserting “2021, 2022, 2023, 2024, 2025, 2026, 2027, and 2028”;
added
in paragraph (2), by striking “equal to—” and all that follows and inserting “not less than $3,300,000,000.”; and
added
by amending paragraph (3) to read as follows:
added “(3) Disbursement of funds—Amounts authorized to be available for Israel under paragraph (1) and subsection (b)(1) for fiscal years 2021, 2022, 2023, 2024, 2025, 2026, 2027, and 2028 shall be disbursed not later than 30 days after the date of the enactment of an Act making appropriations for the Department of State, foreign operations, and related programs for the respective fiscal year, or October 31 of the respective fiscal year, whichever is later.”
Sec. 6294 Extension of war reserves stockpile authority
added
added
Department of Defense Appropriations Act, 2005— Section 12001(d) of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 1011) is amended by striking “September 30, 2020” and inserting “after September 30, 2025”.
added
Foreign Assistance Act of 1961— Section 514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking “2013, 2014, 2015, 2016, 2017, 2018, 2019, and 2020” and inserting “2021, 2022, 2023, 2024, and 2025”.
Sec. 6295 Extension of loan guarantees to Israel
addedadded Chapter 5 of title I of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law 108–11; 117 Stat. 576) is amended under the heading “Loan Guarantees to Israel”—
added
in the matter preceding the first proviso, by striking “September 30, 2023” and inserting “September 30, 2025”; and
added
in the second proviso, by striking “September 30, 2023” and inserting “September 30, 2025”.
Sec. 6296 Transfer of precision guided munitions to Israel
added
added
In general— Notwithstanding section 514 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h), the President is authorized to transfer to Israel precision guided munitions from reserve stocks for Israel in such quantities as may be necessary for legitimate self-defense of Israel and is otherwise consistent with the purposes and conditions for such transfers under the Arms Export Control Act (22 U.S.C. 2751 et seq.).
added
Certifications— Except in case of emergency, as determined by the President, not later than 5 days before making a transfer under subsection (a), the President shall certify to the appropriate congressional committees that the transfer of the precision guided munitions—
added
does not affect the ability of the United States to maintain a sufficient supply of precision guided munitions;
added
does not harm the combat readiness of the United States or the ability of the United States to meet its commitment to allies for the transfer of such munitions;
added
is necessary for Israel to counter the threat of rockets in a timely fashion; and
added
is in the national security interest of the United States.
Sec. 6297 Sense of Congress on rapid acquisition and deployment procedures
addedadded It is the sense of Congress that the President should—
added
prescribe procedures for the rapid acquisition and deployment of precision guided munitions for United States counterterrorism missions; or
added
assist Israel, which is an ally of the United States, to protect itself against direct missile threats.
Sec. 6298 Eligibility of Israel for the strategic trade authorization exception to certain export control licensing requirements
added
added
Findings— Congress finds the following:
added
Israel has adopted high standards in the field of weapons export controls.
added
Israel has declared its unilateral adherence to the Missile Technology Control Regime, the Australia Group, and the Nuclear Suppliers Group.
added
Israel is a party to—
added
the Protocol for the Prohibition of the Use in War of Asphyxiating, Poisonous or Other Gases, and of Bacteriological Methods of Warfare, signed at Geneva June 17, 1925 (commonly known as the “Geneva Protocol”);
added
the Convention on the Physical Protection of Nuclear Material, signed at Vienna and New York March 3, 1980; and
added
the Convention on Prohibitions or Restrictions on the Use of Certain Conventional Weapons Which may be Deemed to be Excessively Injurious or to Have Indiscriminate Effects, signed at Geneva October 10, 1980.
added
Section 6(b) of the United States-Israel Strategic Partnership Act of 2014 (22 U.S.C. 8603 note) directs the President, consistent with the commitments of the United States under international agreements, to take steps so that Israel may be included in the list of countries eligible for the strategic trade authorization exception under section 740.20(c)(1) of title 15, Code of Federal Regulations, to the requirement for a license for the export, re-export, or in-country transfer of an item subject to controls under the Export Administration Regulations.
added
Briefing on eligibility for strategic trade authorization exception— Not later than 120 days after the date of the enactment of this Act, the President shall brief the appropriate congressional committees by describing the steps taken to include Israel in the list of countries eligible for the strategic trade authorization exception under section 740.20(c)(1) of title 15, Code of Federal Regulations, as required under section 6(b) of the United States-Israel Strategic Partnership Act of 2014 (Public Law 113–296).
Sec. 6299 United States Agency for International Development memoranda of understanding to enhance cooperation with Israel
added
added
Findings— Congress finds that the United States Agency for International Development and Israel’s Agency for International Development Cooperation signed memoranda of understanding in 2012, 2017, and 2019 to coordinate the agencies’ respective efforts to promote common development goals in third countries.
added
Sense of Congress regarding USAID policy— It is the sense of Congress that the Department of State and the United States Agency for International Development should continue to cooperate with Israel to advance common development goals in third countries across a wide variety of sectors, including energy, agriculture, food security, democracy, human rights, governance, economic growth, trade, education, environment, global health, water, and sanitation.
added
Memoranda of understanding— The Secretary of State, acting through the Administrator of the United States Agency for International Development, may enter into memoranda of understanding with Israel to advance common goals on energy, agriculture, food security, democracy, human rights, governance, economic growth, trade, education, environment, global health, water, and sanitation, with a focus on strengthening mutual ties and cooperation with nations throughout the world.
Sec. 6299A Cooperative projects among the United States, Israel, and developing countries
addedadded Section 106 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151d) is amended by striking subsections (e) and (f) and inserting the following:
added “(e) There are authorized to be appropriated $2,000,000 for each of the fiscal years 2021 through 2025 to finance cooperative projects among the United States, Israel, and developing countries that identify and support local solutions to address sustainability challenges relating to water resources, agriculture, and energy storage, including—
added “(1) establishing public-private partnerships;
added “(2) supporting the identification, research, development testing, and scaling of innovations that focus on populations that are vulnerable to environmental and resource-scarcity crises, such as subsistence farming communities;
added “(3) seed or transition-to-scale funding;
added “(4) clear and appropriate branding and marking of United States funded assistance, in accordance with section 641; and
added “(5) accelerating demonstrations or applications of local solutions to sustainability challenges, or the further refinement, testing, or implementation of innovations that have previously effectively addressed sustainability challenges.
added “(f) Amounts appropriated pursuant to subsection (e) shall be obligated in accordance with the memoranda of understanding referred to in subsections (a) and (c) of section 6299 of the United States-Israel Security Assistance Authorization Act of 2020”
Sec. 6299B Joint cooperative program related to innovation and high-tech for the Middle East region
added
added
Sense of Congress— It is the sense of Congress that—
added
the United States should help foster cooperation in the Middle East region by financing and, as appropriate, cooperating in projects related to innovation and advanced technologies; and
added
projects referred to in paragraph (1) should—
added
contribute to development and the quality of life in the Middle East region through the application of research and advanced technology; and
added
contribute to Arab-Israeli cooperation by establishing strong working relationships that last beyond the life of such projects.
added
Establishment— The Secretary of State, acting through the Administrator of the United States Agency for International Development, is authorized to seek to establish a program between the United States and appropriate regional partners to provide for cooperation in the Middle East region by supporting projects related to innovation and advanced technologies.
added
Project requirements— Each project carried out under the program established pursuant to subsection (b)—
added
shall include the participation of at least 1 entity from Israel and 1 entity from another regional partner; and
added
shall be conducted in a manner that appropriately protects sensitive information, intellectual property, the national security interests of the United States, and the national security interests of Israel.
Sec. 6299C Sense of Congress on United States-Israel economic cooperation
addedadded It is the sense of Congress that—
added
the United States-Israel economic partnership—
added
has achieved great tangible and intangible benefits to both countries; and
added
is a foundational component of the strong alliance;
added
science and technology innovations present promising new frontiers for United States-Israel economic cooperation, particularly in light of widespread drought, cybersecurity attacks, and other major challenges impacting the United States; and
added
the President should regularize and expand existing forums of economic dialogue with Israel and foster both public and private sector participation.
Sec. 6299D Cooperation on directed energy capabilities
added
added
Authority—
added
In general— The Secretary of Defense, with the concurrence of the Secretary of State, is authorized to carry out research, development, test, and evaluation activities, on a joint basis with Israel, to establish directed energy capabilities that address threats to the United States, deployed forces of the United States, or Israel. Any activities carried out under this paragraph shall be conducted in a manner that appropriately protects sensitive information, intellectual property, the national security interests of the United States, and the national security interests of Israel.
added
Report— The activities described in paragraph (1) may be carried out after the Secretary of Defense, with the concurrence of the Secretary of State, submits a report to the appropriate congressional committees that includes—
added
a memorandum of agreement between the United States and Israel regarding sharing of research and development costs for the capabilities described in paragraph (1), and any supporting documents; and
added
a certification that the memorandum of agreement referred to in subparagraph (A)—
added
requires sharing of costs of projects, including in-kind support, between the United States and Israel;
added
establishes a framework to negotiate the rights to any intellectual property developed under the memorandum of agreement; and
added
requires the United States Government to receive semiannual reports on expenditure of funds, if any, by the Government of Israel, including—
added
a description of what the funds have been used for and when funds were expended; and
added
the identification of entities that expended such funds.
added
Support in connection with activities—
added
In general— The Secretary of Defense, with the concurrence of the Secretary of State, is authorized to provide maintenance and sustainment support to Israel for the directed energy capabilities research, development, test, and evaluation activities authorized under subsection (a)(1), including the installation of equipment that is necessary to carry out such research, development, test, and evaluation.
added
Report— The support described in paragraph (1) may not be provided until 15 days after the date on which the Secretary of Defense, with the concurrence of the Secretary of State, submits a report to the appropriate congressional committees that describes in detail the support to be provided.
added
Matching contribution— The support described in paragraph (1) may not be provided unless the Secretary of Defense, with the concurrence of the Secretary of State, certifies to the appropriate congressional committees that the Government of Israel will contribute to such support—
added
an amount not less than the amount of support to be so provided; or
added
an amount that otherwise meets the best efforts of Israel, as mutually agreed to by the United States and Israel.
added
Semiannual report— The Secretary of Defense, with the concurrence of the Secretary of State, shall submit a semiannual report to the appropriate congressional committees that includes the most recent semiannual report provided by the Government of Israel to the United States Government.
Sec. 6299E Plans to provide Israel with necessary defense articles and services in a contingency
added
added
In general— The President shall establish and update, as appropriate, plans to provide Israel with defense articles and services that are determined by the Secretary of Defense to be necessary for the defense of Israel in a contingency.
added
Congressional briefing— Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the President shall brief the appropriate congressional committees regarding the status of the plans required under subsection (a).
Sec. 6299F Other matters of cooperation
added
added
In general— Activities authorized under this section shall be carried out with the concurrence of the Secretary of State and aligned with the National Security Strategy of the United States, the United States Government Global Health Security Strategy, the Department of State Integrated Country Strategies, the USAID Country Development Cooperation Strategies, and any equivalent or successor plans or strategies, as necessary and appropriate
added
Development of health technologies—
added
In general— There is authorized to be appropriated to the Secretary of Health and Human Services $4,000,000 for each of the fiscal years 2021 through 2023 for a bilateral cooperative program with the Government of Israel that awards grants for the development of health technologies, including health technologies listed in paragraph (2), subject to paragraph (3), with an emphasis on collaboratively advancing the use of technology and personalized medicine in relation to COVID–19.
added
Types of health technologies— The health technologies described in this paragraph may include technologies such as sensors, drugs and vaccinations, respiratory assist devices, diagnostic tests, and telemedicine.
added
Restrictions on funding— Amounts appropriated pursuant to paragraph (1) are subject to a matching contribution from the Government of Israel.
added
Option for establishing new program— Amounts appropriated pursuant to paragraph (1) may be expended for a bilateral program with the Government of Israel that—
added
is in existence on the day before the date of the enactment of this Act for the purposes described in paragraph (1); or
added
is established after the date of the enactment of this Act by the Secretary of Health and Human Services, in consultation with the Secretary of State, in accordance with the Agreement between the Government of the United States of America and the Government of the State of Israel on Cooperation in Science and Technology for Homeland Security Matters, done at Jerusalem May 29, 2008 (or a successor agreement), for the purposes described in paragraph (1).
added
Coordinator of United States–Israel research and development—
added
In general— The President may designate the Assistant Secretary of State for the Bureau of Oceans and International Environmental and Scientific Affairs, or another appropriate Department of State official, to act as Coordinator of United States-Israel Research and Development (referred to in this subsection as the “Coordinator”).
added
Authorities and duties— The Coordinator, in conjunction with the heads of relevant Federal Government departments and agencies and in coordination with the Israel Innovation Authority, may oversee civilian science and technology programs on a joint basis with Israel.
added
Office of Global Policy and Strategy of the Food and Drug Administration—
added
In general— It is the sense of Congress that the Commissioner of the Food and Drug Administration should seek to explore collaboration with Israel through the Office of Global Policy and Strategy.
added
Report— Not later than 1 year after the date of the enactment of this Act, the Commissioner, acting through the head of the Office of Global Policy and Strategy, shall submit a report describing the benefits to the United States and to Israel of opening an office in Israel for the Office of Global Policy and Strategy to—
added
the Committee on Foreign Relations of the Senate;
added
the Committee on Health, Education, Labor, and Pensions of the Senate;
added
the Committee on Foreign Affairs of the House of Representatives; and
added
the Committee on Energy and Commerce of the House of Representatives.
added
United States–Israel Energy Center— There is authorized to be appropriated to the Secretary of Energy $4,000,000 for each of the fiscal years 2021 through 2023 to carry out the activities of the United States-Israel Energy Center established pursuant to section 917(d) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337(d)).
added
United States–Israel Binational Industrial Research and Development Foundation— It is the sense of Congress that grants to promote covered energy projects conducted by, or in conjunction with, the United States-Israel Binational Industrial Research and Development Foundation should be funded at not less than $2,000,000 annually under section 917(b) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17337(b)).
added
United States–Israel cooperation on energy, water, homeland security, agriculture, and alternative fuel technologies— Section 7 of the United States-Israel Strategic Partnership Act of 2014 (22 U.S.C. 8606) is amended by adding at the end the following:
added “(d) Authorization of appropriations—There are authorized to be appropriated to carry out this section $2,000,000 for each of the fiscal years 2021 through 2023.”
added
Annual policy dialogue— It is the sense of Congress that the Department of Transportation and Israel’s Ministry of Transportation should engage in an annual policy dialogue to implement the 2016 Memorandum of Cooperation signed by the Secretary of Transportation and the Israeli Minister of Transportation.
added
Cooperation on space exploration and science initiatives— The Administrator of the National Aeronautics and Space Administration shall continue to work with the Israel Space Agency to identify and cooperatively pursue peaceful space exploration and science initiatives in areas of mutual interest, taking all appropriate measures to protect sensitive information, intellectual property, trade secrets, and economic interests of the United States.
added
Research and development cooperation relating to desalination technology— Not later than 1 year after the date of the enactment of this Act, the Director of the Office of Science and Technology Policy shall submit a report that describes research and development cooperation with international partners, such as the State of Israel, in the area of desalination technology in accordance with section 9(b)(3) of the Water Desalination Act of 1996 (42 U.S.C. 10301 note) to—
added
the Committee on Foreign Relations of the Senate;
added
the Committee on Energy and Natural Resources of the Senate;
added
the Committee on Foreign Affairs of the House of Representatives; and
added
the Committee on Natural Resources of the House of Representatives.
added
Research and treatment of posttraumatic stress disorder— It is the sense of Congress that the Secretary of Veterans Affairs should seek to explore collaboration between the Mental Illness Research, Education and Clinical Centers of Excellence and Israeli institutions with expertise in researching and treating posttraumatic stress disorder.
Sec. 6611 Report on use of encryption by Department of Defense national security systems
addedadded Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Congress a report detailing the mission need and efficacy of full disk encryption across Non-classified Internet Protocol Router Network (NIPRNet) and Secretary Internet Protocol Router Network (SIPRNet) endpoint computer systems. Such report shall cover matters relating to cost, mission impact, and implementation timeline.
Sec. 6612 Guidance and direction on use of direct hiring processes for artificial intelligence professionals and other data science and software development personnel
added
added
Guidance required— Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to the secretaries of the military departments and the heads of the defense components on improved use of the direct hiring processes for artificial intelligence professionals and other data science and software development personnel.
added
Objective— The objective of the guidance issued under subsection (a) shall be to ensure that organizational leaders assume greater responsibility for the results of civilian hiring of artificial intelligence professionals and other data science and software development personnel.
added
Contents of guidance— At a minimum, the guidance required by subsection (a) shall—
added
instruct human resources professionals and hiring authorities to utilize available direct hiring authorities (including excepted service authorities) for the hiring of artificial intelligence professionals and other data science and software development personnel, to the maximum extent practicable;
added
instruct hiring authorities, when using direct hiring authorities, to prioritize utilization of panels of subject matter experts over human resources professionals to assess applicant qualifications and determine which applicants are best qualified for a position;
added
authorize and encourage the use of ePortfolio reviews to provide insight into the previous work of applicants as a tangible demonstration of capabilities and contribute to the assessment of applicant qualifications by subject matter experts; and
added
encourage the use of referral bonuses for recruitment and hiring of highly qualified artificial intelligence professionals and other data science and software development personnel in accordance with volume 451 of Department of Defense Instruction 1400.25.
added
Report—
added
In general— Not later than one year after the date on which the guidance is issued under subsection (a), the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the guidance issued pursuant to subsection (a).
added
Contents— At a minimum, the report submitted under paragraph (1) shall address the following:
added
The objectives of the guidance and the manner in which the guidance seeks to achieve those objectives.
added
The effect of the guidance on the hiring process for artificial intelligence professionals and other data science and software development personnel, including the effect on—
added
hiring time;
added
the use of direct hiring authority;
added
the use of subject matter experts; and
added
the quality of new hires, as assessed by hiring managers and organizational leaders.
Sec. 6613 Cybersecurity State Coordinator Act
added
added
Short title— This section may be cited as the “Cybersecurity State Coordinator Act of 2020”.
added
Cybersecurity State Coordinator—
added
In general— Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is amended—
added
in section 2202(c) (6 U.S.C. 652(c))—
added
in paragraph (10), by striking “and” at the end;
added
by redesignating paragraph (11) as paragraph (12); and
added
by inserting after paragraph (10) the following:
added “(11) appoint a Cybersecurity State Coordinator in each State, as described in section 2215; and”
added
by adding at the end the following:
added “2215. Cybersecurity State Coordinator
added “(a) Appointment—The Director shall appoint an employee of the Agency in each State, with the appropriate cybersecurity qualifications and expertise, who shall serve as the Cybersecurity State Coordinator.
added “(b) Duties—The duties of a Cybersecurity State Coordinator appointed under subsection (a) shall include—
added “(1) building strategic relationships across Federal and, on a voluntary basis, non-Federal entities by advising on establishing governance structures to facilitate the development and maintenance of secure and resilient infrastructure;
added “(2) serving as a Federal cybersecurity risk advisor and coordinating between Federal and, on a voluntary basis, non-Federal entities to support preparation, response, and remediation efforts relating to cybersecurity risks and incidents;
added “(3) facilitating the sharing of cyber threat information between Federal and, on a voluntary basis, non-Federal entities to improve understanding of cybersecurity risks and situational awareness of cybersecurity incidents;
added “(4) raising awareness of the financial, technical, and operational resources available from the Federal Government to non-Federal entities to increase resilience against cyber threats;
added “(5) supporting training, exercises, and planning for continuity of operations to expedite recovery from cybersecurity incidents, including ransomware;
added “(6) serving as a principal point of contact for non-Federal entities to engage, on a voluntary basis, with the Federal Government on preparing, managing, and responding to cybersecurity incidents;
added “(7) assisting non-Federal entities in developing and coordinating vulnerability disclosure programs consistent with Federal and information security industry standards; and
added “(8) performing such other duties as determined necessary by the Director to achieve the goal of managing cybersecurity risks in the United States and reducing the impact of cyber threats to non-Federal entities.
added “(c) Feedback—The Director shall consult with relevant State and local officials regarding the appointment, and State and local officials and other non-Federal entities regarding the performance, of the Cybersecurity State Coordinator of a State.”
added
Oversight— The Director of the Cybersecurity and Infrastructure Security Agency shall provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a briefing on the placement and efficacy of the Cybersecurity State Coordinators appointed under section 2215 of the Homeland Security Act of 2002, as added by paragraph (1)—
added
not later than 1 year after the date of enactment of this Act; and
added
not later than 2 years after providing the first briefing under this paragraph.
added
Rule of construction— Nothing in this subsection or the amendments made by this subsection shall be construed to affect or otherwise modify the authority of Federal law enforcement agencies with respect to investigations relating to cybersecurity incidents.
added
Technical and conforming amendment— The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107–296; 116 Stat. 2135) is amended by inserting after the item relating to section 2214 the following:
Sec. 6614 Cybersecurity Advisory Committee
added
added
Short title— This section may be cited as the “Cybersecurity Advisory Committee Authorization Act of 2020”.
added
In general— Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.), as amended by section 6613 of this Act, is further amended by adding at the end the following:
added “2216. Cybersecurity Advisory Committee
added “(a) Establishment—The Secretary shall establish within the Agency a Cybersecurity Advisory Committee (referred to in this section as the “Advisory Committee”).
added “(b) Duties
added “(1) In general—The Advisory Committee shall advise, consult with, report to, and make recommendations to the Director, as appropriate, on the development, refinement, and implementation of policies, programs, planning, and training pertaining to the cybersecurity mission of the Agency.
added “(2) Recommendations
added “(A) In general—The Advisory Committee shall develop, at the request of the Director, recommendations for improvements to advance the cybersecurity mission of the Agency and strengthen the cybersecurity of the United States.
added “(B) Recommendations of subcommittees—Recommendations agreed upon by subcommittees established under subsection (d) for any year shall be approved by the Advisory Committee before the Advisory Committee submits to the Director the annual report under paragraph (4) for that year.
added “(3) Periodic reports—The Advisory Committee shall periodically submit to the Director—
added “(A) reports on matters identified by the Director; and
added “(B) reports on other matters identified by a majority of the members of the Advisory Committee.
added “(4) Annual report
added “(A) In general—The Advisory Committee shall submit to the Director an annual report providing information on the activities, findings, and recommendations of the Advisory Committee, including its subcommittees, for the preceding year.
added “(B) Publication—Not later than 180 days after the date on which the Director receives an annual report for a year under subparagraph (A), the Director shall publish a public version of the report describing the activities of the Advisory Committee and such related matters as would be informative to the public during that year, consistent with section 552(b) of title 5, United States Code.
added “(5) Feedback—Not later than 90 days after receiving any recommendation submitted by the Advisory Committee under paragraph (2), (3), or (4), the Director shall respond in writing to the Advisory Committee with feedback on the recommendation. Such a response shall include—
added “(A) with respect to any recommendation with which the Director concurs, an action plan to implement the recommendation; and
added “(B) with respect to any recommendation with which the Director does not concur, a justification for why the Director does not plan to implement the recommendation.
added “(6) Congressional notification—Not less frequently than once per year after the date of enactment of this section, the Director shall provide to the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Homeland Security and the Committee on Appropriations of the House of Representatives a briefing on feedback from the Advisory Committee.
added “(7) Governance rules—The Director shall establish rules for the structure and governance of the Advisory Committee and all subcommittees established under subsection (d).
added “(c) Membership
added “(1) Appointment
added “(A) In general—Not later than 180 days after the date of enactment of the Cybersecurity Advisory Committee Authorization Act of 2020, the Director shall appoint the members of the Advisory Committee.
added “(B) Composition—The membership of the Advisory Committee shall consist of not more than 35 individuals.
added “(C) Representation
added “(i) In general—The membership of the Advisory Committee shall—
added “(I) consist of subject matter experts;
added “(II) be geographically balanced; and
added “(III) include representatives of State, local, and Tribal governments and of a broad range of industries, which may include the following:
added “(aa) Defense.
added “(bb) Education.
added “(cc) Financial services and insurance.
added “(dd) Healthcare.
added “(ee) Manufacturing.
added “(ff) Media and entertainment.
added “(gg) Chemicals.
added “(hh) Retail.
added “(ii) Transportation.
added “(jj) Energy.
added “(kk) Information Technology.
added “(ll) Communications.
added “(mm) Other relevant fields identified by the Director.
added “(ii) Prohibition—Not less than 1 member nor more than 3 members may represent any 1 category under clause (i)(III).
added “(iii) Publication of membership list—The Advisory Committee shall publish its membership list on a publicly available website not less than once per fiscal year and shall update the membership list as changes occur.
added “(2) Term of office
added “(A) Terms—The term of each member of the Advisory Committee shall be 2 years, except that a member may continue to serve until a successor is appointed.
added “(B) Removal—The Director may review the participation of a member of the Advisory Committee and remove such member any time at the discretion of the Director.
added “(C) Reappointment—A member of the Advisory Committee may be reappointed for an unlimited number of terms.
added “(3) Prohibition on compensation—The members of the Advisory Committee may not receive pay or benefits from the United States Government by reason of their service on the Advisory Committee.
added “(4) Meetings
added “(A) In general—The Director shall require the Advisory Committee to meet not less frequently than semiannually, and may convene additional meetings as necessary.
added “(B) Public meetings—At least one of the meetings referred to in subparagraph (A) shall be open to the public.
added “(C) Attendance—The Advisory Committee shall maintain a record of the persons present at each meeting.
added “(5) Member access to classified information
added “(A) In general—Not later than 60 days after the date on which a member is first appointed to the Advisory Committee and before the member is granted access to any classified information, the Director shall determine, for the purposes of the Advisory Committee, if the member should be restricted from reviewing, discussing, or possessing classified information.
added “(B) Access—Access to classified materials shall be managed in accordance with Executive Order No. 13526 of December 29, 2009 (75 Fed. Reg. 707), or any subsequent corresponding Executive Order.
added “(C) Protections—A member of the Advisory Committee shall protect all classified information in accordance with the applicable requirements for the particular level of classification of such information.
added “(D) Rule of construction—Nothing in this paragraph shall be construed to affect the security clearance of a member of the Advisory Committee or the authority of a Federal agency to provide a member of the Advisory Committee access to classified information.
added “(6) Chairperson—The Advisory Committee shall select, from among the members of the Advisory Committee—
added “(A) a member to serve as chairperson of the Advisory Committee; and
added “(B) a member to serve as chairperson of each subcommittee of the Advisory Committee established under subsection (d).
added “(d) Subcommittees
added “(1) In general—The Director shall establish subcommittees within the Advisory Committee to address cybersecurity issues, which may include the following:
added “(A) Information exchange.
added “(B) Critical infrastructure.
added “(C) Risk management.
added “(D) Public and private partnerships.
added “(2) Meetings and reporting—Each subcommittee shall meet not less frequently than semiannually, and submit to the Advisory Committee for inclusion in the annual report required under subsection (b)(4) information, including activities, findings, and recommendations, regarding subject matter considered by the subcommittee.
added “(3) Subject matter experts—The chair of the Advisory Committee shall appoint members to subcommittees and shall ensure that each member appointed to a subcommittee has subject matter expertise relevant to the subject matter of the subcommittee.”
added
Clerical amendment— The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107–296; 116 Stat. 2135), as so amended, is further amended by inserting after the item relating to section 2215 the following:
Sec. 6615 Cybersecurity Education and Training Assistance Program
added
added
Sense of Congress— It is the sense of Congress that—
added
the United States continues to face critical shortages in the national cybersecurity workforce;
added
the Cybersecurity and Infrastructure Security Agency within the Department of Homeland Security has the responsibility to manage cyber and physical risks to our critical infrastructure, including by ensuring a national workforce supply to support cybersecurity through education, training, and capacity development efforts;
added
to reestablish the technology leadership, security, and economic competitiveness of the United States, the Cybersecurity and Infrastructure Security Agency should create a sustainable pipeline by strengthening K–12 cybersecurity outreach and education nationwide.
added
Authorities— Section 2202(e)(1) of the Homeland Security Act of 2002 (6 U.S.C. 652(e)(1)) is amended by adding at the end the following:
added “(R) To encourage and build cybersecurity awareness and competency across the United States and to develop, attract, and retain the cybersecurity workforce necessary for the cybersecurity related missions of the Department, including by—
added “(i) overseeing K–12 cybersecurity education and awareness related programs at the agency;
added “(ii) leading efforts to develop, attract, and retain the cybersecurity workforce necessary for the cybersecurity related missions of the Department;
added “(iii) encouraging and building cybersecurity awareness and competency across the United States; and
added “(iv) carrying out cybersecurity related workforce development activities, including through—
added “(I) increasing the pipeline of future cybersecurity professionals through programs focused on K–12, higher education, and non-traditional students; and
added “(II) building awareness of and competency in cybersecurity across the civilian Federal government workforce.”
added
Education, training, and capacity development— Section 2202(c) of the Homeland Security Act of 2002 (6 U.S.C. 652(c)) is amended—
added
by redesignating paragraph (11) as paragraph (12);
added
in paragraph (10), by striking “and” at the end; and
added
by inserting after paragraph (10) the following:
added “(11) provide education, training, and capacity development for Federal and non-Federal entities to enhance the security and resiliency of domestic and global cybersecurity and infrastructure security; and”
added
Establishment of training programs— Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.), as amended by section 6614 of this Act, is further amended by adding at the end the following:
added “2217. Cybersecurity Education and Training Programs
added “(a) Establishment
added “(1) In general—The Cybersecurity Education and Training Assistance Program (referred to in this section as “CETAP”) is established within the Agency.
added “(2) Purpose—The purpose of CETAP shall be to support the effort of the Agency in building and strengthening a national cybersecurity workforce pipeline capacity through enabling K–12 cybersecurity education, including by—
added “(A) providing foundational cybersecurity awareness and literacy;
added “(B) encouraging cybersecurity career exploration; and
added “(C) supporting the teaching of cybersecurity skills at the K–12 levels.
added “(b) Requirements—In carrying out CETAP, the Director shall—
added “(1) ensure that the program—
added “(A) creates and disseminates K–12 cybersecurity-focused curricula and career awareness materials;
added “(B) conducts professional development sessions for teachers;
added “(C) develops resources for the teaching of K–12 cybersecurity-focused curricula;
added “(D) provides direct student engagement opportunities through camps and other programming;
added “(E) engages with local and State education authorities to promote awareness of the program and ensure that offerings align with State and local standards;
added “(F) integrates with existing post-secondary education and workforce development programs at the Department;
added “(G) establishes and maintains national standards for K–12 cyber education;
added “(H) partners with cybersecurity and education stakeholder groups to expand outreach; and
added “(I) any other activity the Director determines necessary to meet the purpose described in subsection (a)(2); and
added “(2) enable the deployment of CETAP nationwide, with special consideration for underserved populations or communities.
added “(c) Briefings
added “(1) In general—Not later than 1 year after the establishment of CETAP, and annually thereafter, the Secretary shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on the program.
added “(2) Contents—Each briefing conducted under paragraph (1) shall include—
added “(A) estimated figures on the number of students reached and teachers engaged;
added “(B) information on community outreach and State engagement efforts;
added “(C) information on new curricula offerings and teacher training platforms; and
added “(D) information on coordination with post-secondary education and workforce development programs at the Department.
added “(d) Mission promotion—The Director may use appropriated amounts to purchase promotional and recognition items and marketing and advertising services to publicize and promote the mission and services of the Agency, support the activities of the Agency, and to recruit and retain Agency personnel.”
added
Technical and conforming amendment— The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107–296; 116 Stat. 2135), as so amended, is further amended by inserting after the item relating to section 2216 the following:
Sec. 6651 Report on electromagnetic pulse hardening of ground-based strategic deterrent weapons system
added
added
Report required— Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report on establishing requirements and protocols to ensure that the ground-based strategic deterrent weapons system is hardened against electromagnetic pulses.
added
Elements— The report required by subsection (a) shall include a description of the following:
added
The testing protocols the ground-based strategic deterrent program will use for electromagnetic pulse testing.
added
How requirements for electromagnetic pulse hardness will be integrated into the ground-based strategic deterrent program.
added
Plans for electromagnetic pulse verification tests of the ground-based strategic deterrent weapons system.
added
Plans for electromagnetic pulse testing of nonmissile components of the ground-based strategic deterrent weapons system.
added
Plans to sustain electromagnetic pulse qualification of the ground-based strategic deterrent weapons system.
Sec. 6701 Advanced nuclear reactor research and development goals
added
added
In general— Subtitle E of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16271 et seq.) is amended by adding at the end the following:
added “959A. Advanced nuclear reactor research and development goals
added “(a) Definitions—In this section:
added “(1) Advanced nuclear reactor—The term advanced nuclear reactor means—
added “(A) a nuclear fission reactor, including a prototype plant (as defined in sections 50.2 and 52.1 of title 10, Code of Federal Regulations (or successor regulations)), with significant improvements compared to the most recent generation of fission reactors, including improvements such as—
added “(i) additional inherent safety features;
added “(ii) lower waste yields;
added “(iii) improved fuel performance;
added “(iv) increased tolerance to loss of fuel cooling;
added “(v) enhanced reliability;
added “(vi) increased proliferation resistance;
added “(vii) increased thermal efficiency;
added “(viii) reduced consumption of cooling water;
added “(ix) the ability to integrate into electric applications and nonelectric applications;
added “(x) modular sizes to allow for deployment that corresponds with the demand for electricity; or
added “(xi) operational flexibility to respond to changes in demand for electricity and to complement integration with intermittent renewable energy; and
added “(B) a fusion reactor.
added “(2) Demonstration project—The term demonstration project means an advanced nuclear reactor operated in any manner, including as part of the power generation facilities of an electric utility system, for the purpose of demonstrating the suitability for commercial application of the advanced nuclear reactor.
added “(b) Purpose—The purpose of this section is to direct the Secretary, as soon as practicable after the date of enactment of this section, to advance the research and development of domestic advanced, affordable, and clean nuclear energy by—
added “(1) demonstrating different advanced nuclear reactor technologies that could be used by the private sector to produce—
added “(A) emission-free power at a levelized cost of electricity of $60 per megawatt-hour or less;
added “(B) heat for community heating, industrial purposes, or synthetic fuel production;
added “(C) remote or off-grid energy supply; or
added “(D) backup or mission-critical power supplies;
added “(2) developing subgoals for nuclear energy research programs that would accomplish the goals of the demonstration projects carried out under subsection (c);
added “(3) identifying research areas that the private sector is unable or unwilling to undertake due to the cost of, or risks associated with, the research; and
added “(4) facilitating the access of the private sector—
added “(A) to Federal research facilities and personnel; and
added “(B) to the results of research relating to civil nuclear technology funded by the Federal Government.
added “(c) Demonstration projects
added “(1) In general—The Secretary shall, to the maximum extent practicable—
added “(A) enter into agreements to complete not fewer than 2 demonstration projects by not later than December 31, 2025; and
added “(B) establish a program to enter into agreements to complete 1 additional operational demonstration project by not later than December 31, 2035.
added “(2) Requirements—In carrying out demonstration projects under paragraph (1), the Secretary shall—
added “(A) include diversity in designs for the advanced nuclear reactors demonstrated under this section, including designs using various—
added “(i) primary coolants;
added “(ii) fuel types and compositions; and
added “(iii) neutron spectra;
added “(B) seek to ensure that—
added “(i) the long-term cost of electricity or heat for each design to be demonstrated under this subsection is cost-competitive in the applicable market;
added “(ii) the selected projects can meet the deadline established in paragraph (1) to demonstrate first-of-a-kind advanced nuclear reactor technologies, for which additional information shall be considered, including—
added “(I) the technology readiness level of a proposed advanced nuclear reactor technology;
added “(II) the technical abilities and qualifications of teams desiring to demonstrate a proposed advanced nuclear reactor technology; and
added “(III) the capacity to meet cost-share requirements of the Department;
added “(C) ensure that each evaluation of candidate technologies for the demonstration projects is completed through an external review of proposed designs, which review shall—
added “(i) be conducted by a panel that includes not fewer than 1 representative of each of—
added “(I) an electric utility; and
added “(II) an entity that uses high-temperature process heat for manufacturing or industrial processing, such as a petrochemical company, a manufacturer of metals, or a manufacturer of concrete;
added “(ii) include a review of cost-competitiveness and other value streams, together with the technology readiness level, of each design to be demonstrated under this subsection; and
added “(iii) not be required for a demonstration project that receives no financial assistance from the Department for construction costs;
added “(D) for federally funded demonstration projects, enter into cost-sharing agreements with private sector partners in accordance with section 988 for the conduct of activities relating to the research, development, and demonstration of private-sector advanced nuclear reactor designs under the program;
added “(E) work with private sector partners to identify potential sites, including Department-owned sites, for demonstrations, as appropriate;
added “(F) align specific activities carried out under demonstration projects carried out under this subsection with priorities identified through direct consultations between—
added “(i) the Department;
added “(ii) National Laboratories;
added “(iii) institutions of higher education;
added “(iv) traditional end-users (such as electric utilities);
added “(v) potential end-users of new technologies (such as users of high-temperature process heat for manufacturing processing, including petrochemical companies, manufacturers of metals, or manufacturers of concrete); and
added “(vi) developers of advanced nuclear reactor technology; and
added “(G) seek to ensure that the demonstration projects carried out under paragraph (1) do not cause any delay in a deployment of an advanced reactor by private industry and the Department that is underway as of the date of enactment of this section.
added “(3) Additional requirements—In carrying out demonstration projects under paragraph (1), the Secretary shall—
added “(A) identify candidate technologies that—
added “(i) are not developed sufficiently for demonstration within the initial required timeframe described in paragraph (1)(A); but
added “(ii) could be demonstrated within the timeframe described in paragraph (1)(B);
added “(B) identify technical challenges to the candidate technologies identified in subparagraph (A);
added “(C) support near-term research and development to address the highest-risk technical challenges to the successful demonstration of a selected advanced reactor technology, in accordance with—
added “(i) subparagraph (B); and
added “(ii) the research and development activities under sections 952 and 958;
added “(D) establish such technology advisory working groups as the Secretary determines to be appropriate to advise the Secretary regarding the technical challenges identified under subparagraph (B) and the scope of research and development programs to address the challenges, in accordance with subparagraph (C), to be comprised of—
added “(i) private-sector advanced nuclear reactor technology developers;
added “(ii) technical experts with respect to the relevant technologies at institutions of higher education; and
added “(iii) technical experts at the National Laboratories.
added “(d) Goals
added “(1) In general—The Secretary shall establish goals for research relating to advanced nuclear reactors facilitated by the Department that support the objectives of the program for demonstration projects established under subsection (c).
added “(2) Coordination—In developing the goals under paragraph (1), the Secretary shall coordinate, on an ongoing basis, with members of private industry to advance the demonstration of various designs of advanced nuclear reactors.
added “(3) Requirements—In developing the goals under paragraph (1), the Secretary shall ensure that—
added “(A) research activities facilitated by the Department to meet the goals developed under this subsection are focused on key areas of nuclear research and deployment ranging from basic science to full-design development, safety evaluation, and licensing;
added “(B) research programs designed to meet the goals emphasize—
added “(i) resolving materials challenges relating to extreme environments, including extremely high levels of—
added “(I) radiation fluence;
added “(II) temperature;
added “(III) pressure; and
added “(IV) corrosion; and
added “(ii) qualification of advanced fuels;
added “(C) activities are carried out that address near-term challenges in modeling and simulation to enable accelerated design and licensing;
added “(D) related technologies, such as technologies to manage, reduce, or reuse nuclear waste, are developed;
added “(E) nuclear research infrastructure is maintained or constructed, such as—
added “(i) currently operational research reactors at the National Laboratories and institutions of higher education;
added “(ii) hot cell research facilities;
added “(iii) a versatile fast neutron source; and
added “(iv) a molten salt testing facility;
added “(F) basic knowledge of non-light water coolant physics and chemistry is improved;
added “(G) advanced sensors and control systems are developed; and
added “(H) advanced manufacturing and advanced construction techniques and materials are investigated to reduce the cost of advanced nuclear reactors.”
added
Table of contents— The table of contents of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 594; 132 Stat. 3160) is amended—
added
in the item relating to section 917, by striking “Efficiency”;
added
in the items relating to each of sections 957, 958, and 959 by inserting “Sec.” before the item number; and
added
by inserting after the item relating to section 959 the following:
Sec. 6702 Nuclear energy strategic plan
added
added
In general— Subtitle E of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16271 et seq.) (as amended by section 6701(a)) is amended by adding at the end the following:
added “959B. Nuclear energy strategic plan
added “(a) In general—Not later than 180 days after the date of enactment of this section, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committees on Energy and Commerce and Science, Space, and Technology of the House of Representatives a 10-year strategic plan for the Office of Nuclear Energy of the Department, in accordance with this section.
added “(b) Requirements
added “(1) Components—The strategic plan under this section shall designate—
added “(A) programs that support the planned accomplishment of—
added “(i) the goals established under section 959A; and
added “(ii) the demonstration programs identified under subsection (c) of that section; and
added “(B) programs that—
added “(i) do not support the planned accomplishment of demonstration programs, or the goals, referred to in subparagraph (A); but
added “(ii) are important to the mission of the Office of Nuclear Energy, as determined by the Secretary.
added “(2) Program planning—In developing the strategic plan under this section, the Secretary shall specify expected timelines for, as applicable—
added “(A) the accomplishment of relevant objectives under current programs of the Department; or
added “(B) the commencement of new programs to accomplish those objectives.
added “(c) Updates—Not less frequently than once every 2 years, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committees on Energy and Commerce and Science, Space, and Technology of the House of Representatives an updated 10-year strategic plan in accordance with subsection (b), which shall identify, and provide a justification for, any major deviation from a previous strategic plan submitted under this section.”
added
Table of contents— The table of contents of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 594; 132 Stat. 3160) (as amended by section 6701(b)(3)) is amended by inserting after the item relating to section 959A the following:
Sec. 6703 Versatile, reactor-based fast neutron source
addedadded Section 955(c)(1) of the Energy Policy Act of 2005 (42 U.S.C. 16275(c)(1)) is amended—
added
in the paragraph heading, by striking “Mission need” and inserting “Authorization”; and
added
in subparagraph (A), by striking “determine the mission need” and inserting “provide”.
Sec. 6704 Advanced nuclear fuel security program
added
added
In general— Subtitle E of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16271 et seq.) (as amended by section 6702(a)) is amended by adding at the end the following:
added “960. Advanced nuclear fuel security program
added “(a) Definitions—In this section:
added “(1) HALEU transportation package—The term HALEU transportation package means a transportation package that is suitable for transporting high-assay, low-enriched uranium.
added “(2) High-assay, low-enriched uranium—The term high-assay, low-enriched uranium means uranium with an assay greater than 5 weight percent, but less than 20 weight percent, of the uranium-235 isotope.
added “(3) High-enriched uranium—The term high-enriched uranium means uranium with an assay of 20 weight percent or more of the uranium-235 isotope.
added “(b) High-Assay, low-Enriched uranium program for advanced reactors
added “(1) Establishment—Not later than 1 year after the date of enactment of this section, the Secretary shall establish a program to make available high-assay, low-enriched uranium, through contracts for sale, resale, transfer, or lease, for use in commercial or noncommercial advanced nuclear reactors.
added “(2) Nuclear fuel ownership—Each lease under this subsection shall include a provision establishing that the high-assay, low-enriched uranium that is the subject of the lease shall remain the property of the Department, including with respect to responsibility for the storage, use, or final disposition of all radioactive waste created by the irradiation, processing, or purification of any leased high-assay, low-enriched uranium.
added “(3) Quantity—In carrying out the program under this subsection, the Secretary shall make available—
added “(A) by December 31, 2022, high-assay, low-enriched uranium containing not less than 2 metric tons of the uranium-235 isotope; and
added “(B) by December 31, 2025, high-assay, low-enriched uranium containing not less than 10 metric tons of the uranium-235 isotope (as determined including the quantities of the uranium-235 isotope made available before December 31, 2022).
added “(4) Factors for consideration—In carrying out the program under this subsection, the Secretary shall take into consideration—
added “(A) options for providing the high-assay, low-enriched uranium under this subsection from a stockpile of uranium owned by the Department (including the National Nuclear Security Administration), including—
added “(i) fuel that—
added “(I) directly meets the needs of an end-user; but
added “(II) has been previously used or fabricated for another purpose;
added “(ii) fuel that can meet the needs of an end-user after removing radioactive or other contaminants that resulted from a previous use or fabrication of the fuel for research, development, demonstration, or deployment activities of the Department (including activities of the National Nuclear Security Administration); and
added “(iii) fuel from a high-enriched uranium stockpile, which can be blended with lower-assay uranium to become high-assay, low-enriched uranium to meet the needs of an end-user; and
added “(B) requirements to support molybdenum-99 production under the American Medical Isotopes Production Act of 2012 (Public Law 112–239; 126 Stat. 2211).
added “(5) Limitations
added “(A) Final disposition of radioactive waste—The Secretary shall not barter or otherwise sell or transfer uranium in any form in exchange for services relating to the final disposition of radioactive waste from uranium that is the subject of a lease under this subsection.
added “(B) National security needs—The Secretary shall only make available from Department stockpiles under this subsection high-assay, low-enriched uranium that is not needed for national security.
added “(6) Sunset—The program under this subsection shall terminate on the earlier of—
added “(A) January 1, 2035; and
added “(B) the date on which uranium enriched up to, but not equal to, 20 weight percent can be obtained in the commercial market from domestic suppliers.
added “(c) Report
added “(1) In general—Not later than 180 days after the date of enactment of this section, the Secretary shall submit to the appropriate committees of Congress a report that describes actions proposed to be carried out by the Secretary—
added “(A) under the program under subsection (b); or
added “(B) otherwise to enable the commercial use of high-assay, low-enriched uranium.
added “(2) Coordination and stakeholder input—In developing the report under this subsection, the Secretary shall seek input from—
added “(A) the Nuclear Regulatory Commission;
added “(B) the National Laboratories;
added “(C) institutions of higher education;
added “(D) producers of medical isotopes;
added “(E) a diverse group of entities operating in the nuclear energy industry; and
added “(F) a diverse group of technology developers.
added “(3) Cost and schedule estimates—The report under this subsection shall include estimated costs, budgets, and timeframes for enabling the use of high-assay, low-enriched uranium.
added “(4) Required evaluations—The report under this subsection shall evaluate—
added “(A) the costs and actions required to establish and carry out the program under subsection (b), including with respect to—
added “(i) proposed preliminary terms for the sale, resale, transfer, and leasing of high-assay, low-enriched uranium (including guidelines defining the roles and responsibilities between the Department and the purchaser, transfer recipient, or lessee); and
added “(ii) the potential to coordinate with purchasers, transfer recipients, and lessees regarding—
added “(I) fuel fabrication; and
added “(II) fuel transport;
added “(B) the potential sources and fuel forms available to provide uranium for the program under subsection (b);
added “(C) options to coordinate the program under subsection (b) with the operation of the versatile reactor-based fast neutron source under section 955(c)(1);
added “(D) the ability of the domestic uranium market to provide materials for advanced nuclear reactor fuel; and
added “(E) any associated legal, regulatory, and policy issues that should be addressed to enable—
added “(i) the program under subsection (b); and
added “(ii) the establishment of a domestic industry capable of providing high-assay, low-enriched uranium for commercial and noncommercial purposes, including with respect to the needs of—
added “(I) the Department;
added “(II) the Department of Defense; and
added “(III) the National Nuclear Security Administration.
added “(d) HALEU transportation package research program
added “(1) In general—As soon as practicable after the date of enactment of this section, the Secretary shall establish a research, development, and demonstration program under which the Secretary shall provide financial assistance, on a competitive basis, to establish the capability to transport high-assay, low-enriched uranium.
added “(2) Requirement—The focus of the program under this subsection shall be to establish 1 or more HALEU transportation packages that can be certified by the Nuclear Regulatory Commission to transport high-assay, low-enriched uranium to the various facilities involved in producing or using nuclear fuel containing high-assay, low-enriched uranium, such as—
added “(A) enrichment facilities;
added “(B) fuel processing facilities;
added “(C) fuel fabrication facilities; and
added “(D) nuclear reactors.”
added
Clerical amendment— The table of contents of the Energy Policy Act of 2005 (Public Law 109–58; 119 Stat. 594; 132 Stat. 3160) (as amended by section 6702(b)) is amended by inserting after the item relating to section 959B the following:
Sec. 6705 University Nuclear Leadership Program
addedadded Section 313 of the Energy and Water Development and Related Agencies Appropriations Act, 2009 (42 U.S.C. 16274a) is amended to read as follows:
added “313. University Nuclear Leadership Program
added “(a) Definitions—In this section:
added “(1) Advanced nuclear reactor—The term advanced nuclear reactor means—
added “(A) a nuclear fission reactor, including a prototype plant (as defined in sections 50.2 and 52.1 of title 10, Code of Federal Regulations (or successor regulations)), with significant improvements compared to the most recent generation of fission reactors, including improvements such as—
added “(i) additional inherent safety features;
added “(ii) lower waste yields;
added “(iii) improved fuel performance;
added “(iv) increased tolerance to loss of fuel cooling;
added “(v) enhanced reliability;
added “(vi) increased proliferation resistance;
added “(vii) increased thermal efficiency;
added “(viii) reduced consumption of cooling water;
added “(ix) the ability to integrate into electric applications and nonelectric applications;
added “(x) modular sizes to allow for deployment that corresponds with the demand for electricity; or
added “(xi) operational flexibility to respond to changes in demand for electricity and to complement integration with intermittent renewable energy; and
added “(B) a fusion reactor.
added “(2) Institution of higher education—The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)).
added “(3) Program—The term Program means the University Nuclear Leadership Program established under subsection (b).
added “(b) Establishment—The Secretary of Energy, the Administrator of the National Nuclear Security Administration, and the Chairman of the Nuclear Regulatory Commission shall jointly establish a program, to be known as the “University Nuclear Leadership Program”.
added “(c) Use of funds
added “(1) In general—Except as provided in paragraph (2), amounts made available to carry out the Program shall be used to provide financial assistance for scholarships, fellowships, and research and development projects at institutions of higher education in areas relevant to the programmatic mission of the applicable Federal agency, with an emphasis on providing the financial assistance with respect to research, development, demonstration, and deployment activities for technologies relevant to advanced nuclear reactors, including relevant fuel cycle technologies.
added “(2) Exception—Notwithstanding paragraph (1), amounts made available to carry out the Program may be used to provide financial assistance for a scholarship, fellowship, or multiyear research and development project that does not align directly with a programmatic mission of the applicable Federal agency providing the financial assistance, if the activity for which assistance is provided would facilitate the maintenance of the discipline of nuclear science or engineering.
added “(d) Authorization of appropriations—There are authorized to be appropriated to carry out the Program for fiscal year 2021 and each fiscal year thereafter—
added “(1) $30,000,000 to the Secretary of Energy; and
added “(2) $15,000,000 to the Nuclear Regulatory Commission.”
Sec. 6706 Adjusting strategic petroleum reserve mandated drawdowns
added
added
Bipartisan Budget Act of 2015— Section 403(a) of the Bipartisan Budget Act of 2015 (42 U.S.C. 6241 note; Public Law 114–74) is amended—
added
by striking paragraph (6);
added
by redesignating paragraphs (7) and (8) as paragraphs (6) and (7), respectively; and
added
in paragraph (7) (as so redesignated), by striking “10,000,000” and inserting “20,000,000”.
added
Fixing America’s Surface Transportation Act— Section 32204(a)(1) of the FAST Act (42 U.S.C. 6241 note; Public Law 114–94) is amended—
added
in subparagraph (B)—
added
by striking “16,000,000” and inserting “11,000,000”; and
added
by striking “2023” and inserting “2022”; and
added
in subparagraph (C), by striking “25,000,000” and inserting “30,000,000”.
added
America’s Water Infrastructure Act of 2018— Section 3009(a)(1) of America’s Water Infrastructure Act of 2018 (42 U.S.C. 6241 note; Public Law 115–270) is amended by striking “2028” and inserting “2030.”
added
Bipartisan Budget Act of 2018— Section 30204(a)(1) of the Bipartisan Budget Act of 2018 (42 U.S.C. 6241 note; Public Law 115–123) is amended by striking subparagraphs (A) through (C) and inserting the following:
added “(A) 7,500,000 barrels of crude oil during fiscal year 2022;
added “(B) 7,500,000 barrels of crude oil during fiscal year 2024;
added “(C) 15,000,000 barrels of crude oil during fiscal year 2025;
added “(D) 30,000,000 barrels of crude oil during fiscal year 2029; and
added “(E) 40,000,000 barrels of crude oil during fiscal year 2030.”
added
Reconciliation on the budget for 2018— Section 20003(a)(1) of Public Law 115–97 (42 U.S.C. 6241 note) is amended by striking “the period of fiscal years 2026 through 2027” and inserting “fiscal year 2030”.
Sec. 7801 Modification to authority for military construction projects for child development centers at military installations
addedadded Section 2809(b) of the National Defense Authorization Act for Fiscal Year 2020 is amended—
added
in paragraph (1), by inserting “and annually thereafter,” after “this Act,”; and
added
in paragraph (2)—
added
in subparagraph (A), by striking “the report” and inserting “a report”; and
added
in subparagraph (B), by inserting “in which the project is included” before the period at the end.
Sec. 7802 Modification of construction of ground-based strategic deterrent launch facilities and launch centers for the Air Force
addedadded Subsection (e) of section 2802 is deemed to read as follows:
added “(e) Funding
added “(1) In general—Of the amount authorized to be appropriated for fiscal year 2021 as specified in the funding table in section 4601, the Secretary of the Air Force may expend not more than $15,000,000 for the purposes of planning and design to support the projects described in subsection (a).
added “(2) Increase—The amount authorized to be appropriated for fiscal year 2021 for military construction for the Air Force is hereby increased by $15,000,000, with the amount of the increase to be designated to Air Force, Unspecified Worldwide Locations, Planning and Design.
added “(3) Offset—The amount authorized to be appropriated for fiscal year 2021 for operation and maintenance for the Army is hereby reduced by $15,000,000, with the amount of the reduction to be derived from subactivity group 421, Servicewide Transportation.”
Sec. 7821 Inclusion of assessment of performance metrics in annual publication on use of incentive fees for privatized military housing projects
added
added
In general— Section 2891c of title 10, United States Code, is amended—
added
by striking the section heading and inserting the following: “Transparency regarding finances and performance metrics”;
added
in subsection (b)—
added
in the subsection heading, by inserting “performance metrics and” before “use of incentive fees”;
added
in paragraph (1), by striking “publicly accessible website, information” and inserting “publicly accessible website—
added “(A) for each contract for the provision or management of housing units—
added “(i) an assessment of indicators underlying the performance metrics under such contract to ensure such indicators adequately measure the condition and quality of the home or homes covered by the contract, including—
added “(I) resident satisfaction;
added “(II) maintenance management;
added “(III) project safety; and
added “(IV) financial management; and
added “(ii) a detailed description of each indicator assessed under subparagraph (A), including an indication of—
added “(I) the limitations of available survey data;
added “(II) how resident satisfaction and maintenance management is calculated; and
added “(III) whether data is missing; and
added “(B) information”
added
in paragraph (2), by striking “paragraph (1)” and inserting “paragraph (1)(B)”.
added
Clerical amendment— The table of sections at the beginning of subchapter V of chapter 169 of such title is amended by striking the item relating to section 2891c and inserting the following new item:
Sec. 7861 Establishment of interagency committees on joint use of certain land withdrawn from appropriation under public land laws
added
added
Interagency executive committee on joint use by Department of the Navy and Department of the Interior of Naval Air Station Fallon Ranges— Section 3011(a) of the Military Lands Withdrawal Act of 1999 (Public Law 106–65; 113 Stat. 885) is amended by adding at the end the following new paragraph:
added “(5) Intergovernmental executive committee
added “(A) Establishment—The Secretary of the Navy and the Secretary of the Interior shall jointly establish, by memorandum of understanding, an intergovernmental executive committee (referred to in this paragraph as the executive committee), for the purpose of exchanging views, information, and advice relating to the management of the natural and cultural resources of the land described in paragraph (2).
added “(B) Memorandum of understanding—The memorandum of understanding entered into under subparagraph (A) shall include—
added “(i) a description of the officials and other individuals to be invited to participate as members in the executive committee under subparagraph (C);
added “(ii) a description of the duties of the Chairperson and Vice Chairperson of the executive committee; and
added “(iii) subject to subparagraphs (D) and (E), a procedure for—
added “(I) creating a forum to carry out the purpose described in subparagraph (A);
added “(II) rotating the Chairperson of the executive committee; and
added “(III) scheduling regular meetings of the executive committee.
added “(C) Membership—The executive committee shall be comprised of—
added “(i) 1 representative of the Nevada Department of Wildlife;
added “(ii) 1 representative of the Nevada Department of Conservation and Natural Resources;
added “(iii) 1 county commissioner from each of Churchill, Lyon, Nye, Mineral, and Pershing Counties, Nevada;
added “(iv) 1 representative of each Indian tribe in the vicinity of the land described in paragraph (2); and
added “(v) not more than 3 members that the Secretary of the Navy and the Secretary of the Interior jointly determine would advance the goals and objectives of the executive committee.
added “(D) Chairperson and Vice Chairperson—The members of the executive committee shall elect from among the members—
added “(i) 1 member to serve as Chairperson of the executive committee; and
added “(ii) 1 member to serve as Vice Chairperson of the executive committee.
added “(E) Meetings
added “(i) Frequency—The executive committee shall meet not less frequently than 3 times each calendar year.
added “(ii) Location—The location of the meetings of the executive committee shall rotate to facilitate ease of access for all members of the executive committee.
added “(iii) Public accessibility—The meetings of the executive committee shall—
added “(I) be open to the public; and
added “(II) serve as a forum for the public to provide comments regarding the natural and cultural resources of the land described in paragraph (2).
added “(F) Conditions and terms
added “(i) In general—Each member of the executive committee shall serve voluntarily and without compensation.
added “(ii) Term of appointment
added “(I) In general—Except as provided in subclause (II)(bb), each member of the executive committee shall be appointed for a term of 4 years.
added “(II) Original members—Of the members initially appointed to the executive committee, the Secretary of the Navy and the Secretary of the Interior shall select—
added “(aa) ½ to serve for a term of 4 years; and
added “(bb) ½ to serve for a term of 2 years.
added “(iii) Reappointment and replacement—The Secretary of the Navy and the Secretary of the Interior may reappoint or replace, as appropriate, a member of the executive committee if—
added “(I) the term of the member has expired;
added “(II) the member has resigned; or
added “(III) the position held by the member has changed to the extent that the ability of the member to represent the group or entity that the member represents has been significantly affected.
added “(G) Liaisons—The Secretary of the Navy and the Secretary of the Interior shall each appoint appropriate operational and land management personnel of the Department of the Navy and the Department of the Interior, respectively, to serve as liaisons to the executive committee.”
added
Joint access and use by Department of the Air Force and Department of the Interior of Nevada Test and Training Range and Desert National Wildlife Refuge—
added
United States Fish and Wildlife Service and Department of the Air Force coordination— Section 3011(b)(5) of the Military Lands Withdrawal Act of 1999 (Public Law 106–65; 113 Stat. 887) is amended by adding at the end the following new subparagraph:
added “(G) Interagency committee
added “(i) In general—The Secretary of the Interior and the Secretary of the Air Force shall jointly establish an interagency committee (referred to in this subparagraph as the interagency committee) to facilitate coordination, manage public access needs and requirements, and minimize potential conflict between the Department of the Interior and the Department of the Air Force with respect to joint operating areas within the Desert National Wildlife Refuge.
added “(ii) Membership—The interagency committee shall include only the following members:
added “(I) Representatives from the United States Fish and Wildlife Service.
added “(II) Representatives from the Department of the Air Force.
added “(III) The Project Leader of the Desert National Wildlife Refuge Complex.
added “(IV) The Commander of the Nevada Test and Training Range, Nellis Air Force Base.
added “(iii) Report to Congress—The interagency committee shall biannually submit to the Committees on Armed Services, Environment and Public Works, and Energy and Natural Resources of the Senate and the Committees on Armed Services and Natural Resources of the House of Representatives, and make available publicly online, a report on the activities of the interagency committee.”
added
Intergovernmental executive committee— Such section is further amended by adding at the end the following new subparagraph:
added “(H) Intergovernmental executive committee
added “(i) Establishment—The Secretary of the Interior and the Secretary of the Air Force shall jointly establish, by memorandum of understanding, an intergovernmental executive committee (referred to in this subparagraph as the executive committee) in accordance with this subparagraph.
added “(ii) Purpose—The executive committee shall be established for the purposes of—
added “(I) exchanging views, information, and advice relating to the management of the natural and cultural resources of the lands withdrawn and reserved by this section; and
added “(II) discussing and making recommendations to the interagency committee established under subparagraph (G) with respect to public access needs and requirements.
added “(iii) Composition—The executive committee shall comprise the following members:
added “(I) Federal agencies—The Secretary of the Interior and the Secretary of the Air Force shall each appoint 1 representative from an interested Federal agency.
added “(II) State government—The Secretary of the Interior and the Secretary of the Air Force shall jointly invite 1 representative of the Nevada Department of Wildlife.
added “(III) Local governments—The Secretary of the Interior and the Secretary of the Air Force shall jointly invite 1 county commissioner of each of Clark, Nye, and Lincoln Counties, Nevada.
added “(IV) Tribal governments—The Secretary of the Interior and the Secretary of the Air Force shall jointly invite 1 representative of each Indian tribe in the vicinity of the portions of the joint use area of the Desert National Wildlife Refuge where the Secretary of the Interior exercises primary jurisdiction.
added “(V) Public—The Secretary of the Interior and the Secretary of the Air Force shall jointly invite not more than 3 private individuals who the Secretary of the Interior and the Secretary of the Air Force jointly determine would further the goals and objectives of the executive committee.
added “(VI) Additional members—The Secretary of the Interior and the Secretary of the Air Force may designate such additional members as the Secretary of the Interior and the Secretary of the Air Force jointly determine to be appropriate.
added “(iv) Operation—The executive committee shall operate in accordance with the terms set forth in the memorandum of understanding under clause (i), which shall specify the officials or other individuals to be invited to participate in the executive committee in accordance with clause (iii).
added “(v) Procedures—Subject to clauses (vi) and (vii), the memorandum of understanding under clause (i) shall establish procedures for—
added “(I) creating a forum for carrying out the purpose described in clause (ii);
added “(II) rotating the Chairperson of the executive committee; and
added “(III) scheduling regular meetings.
added “(vi) Chairperson and Vice Chairperson
added “(I) In general—The members of the executive committee shall elect from among the members—
added “(aa) 1 member to serve as the Chairperson of the executive committee; and
added “(bb) 1 member to serve as the Vice Chairperson of the executive committee.
added “(II) Duties—The duties of each of the Chairperson and the Vice Chairperson shall be included in the memorandum of understanding under clause (i).
added “(vii) Meetings
added “(I) Frequency—The executive committee shall meet not less frequently than 3 times each calendar year.
added “(II) Meeting locations—Locations of meetings of the executive committee shall rotate to facilitate ease of access for all executive committee members.
added “(III) Public accessibility—Meetings of the executive committee shall—
added “(aa) be open to the public; and
added “(bb) provide a forum for the public to provide comment regarding the management of, and public access to, the Nevada Test and Training Range and the Desert National Wildlife Refuge.
added “(viii) Conditions and terms of appointment
added “(I) In general—Each member of the executive committee shall serve voluntarily and without compensation.
added “(II) Term of appointment
added “(aa) In general—Each member of the executive committee shall be appointed for a term of 4 years.
added “(bb) Original members—Notwithstanding item (aa), the Secretary of the Interior and the Secretary of the Air Force shall select—
added “(AA) ½ of the original members of the executive committee to serve for a term of 4 years; and
added “(BB) ½ of the original members of the executive committee to serve for a term of 2 years.
added “(III) Reappointment and replacement—The Secretary of the Interior and the Secretary of the Air Force may reappoint or replace a member of the executive committee if—
added “(aa) the term of the member has expired;
added “(bb) the member has resigned; or
added “(cc) the position held by the member has changed to the extent that the ability of the member to represent the group or entity that the member represents has been significantly affected.
added “(ix) Liaisons—The Secretary of the Air Force and the Secretary of the Interior shall each appoint appropriate operational and land management personnel of the Department of the Air Force and the Department of the Interior, respectively, to participate in, and serve as liaisons to, the executive committee.”
Sec. 7862 Lease extension for Bryan Multi-Sports Complex, Wayne County, North Carolina
added
added
Authority— The Secretary of the Air Force may extend to the City of Goldsboro the existing lease of the approximately 62-acre Bryan Multi-Sports Complex located in Wayne County, North Carolina, for the purpose of operating a sports and recreation facility for the benefit of both the Air Force and the community.
added
Duration— At the option of the Secretary of the Air Force, the lease entered into under this section may be extended for up to 30 additional years with a total lease period not to exceed 50 years.
added
Payments under the lease— The Secretary of the Air Force may waive the requirement under section 2667(b)(4) of title 10, United States Code, with respect to the lease entered into under this section if the Secretary determines that the lease enhances the quality of life of members of the Armed Forces.
added
Sense of Senate— It is the Sense of the Senate regarding the conditions governing the extension of the current lease for the Bryan Multi-Sports Complex that—
added
the Senate has determined it is in the best interest of the community and the Air Force to extend the lease at no cost;
added
the current lease allowed the Air Force to close their sports field on Seymour-Johnson Air Force Base and resulted in a savings of $15,000 per year in utilities and grounds maintenance costs;
added
the current sports complex reduces force protection vulnerability now that the sports complex is located outside the fence line of the installation; and
added
the facility has improved the quality of life for military families stationed at Seymour-Johnson Air Force Base by allowing members of the Armed Forces and their families to have access to world class sports facilities located adjacent to the installation and on-base privatized housing with easy access by junior enlisted members residing in the dorms.
Sec. 7881 Sense of Congress on relocation of Joint Spectrum Center
addedadded It is the Sense of Congress that Congress strongly recommends that the Director of the Defense Information Systems Agency begin the process for the relocation of the Joint Spectrum Center of the Department of Defense to the building at Fort Meade that is allocated for such center.
Sec. 8159 Extension and expansion of limitations on importation of uranium from Russian Federation
addedadded Section 3158 and the amendments made by that section shall have no force or effect.
Sec. 9001 Short title
addedadded This division may be cited as the “Intelligence Authorization Act for Fiscal Year 2021”.
Sec. 9002 Definitions
addedadded In this division:
added
Congressional intelligence committees— The term congressional intelligence committees has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
added
Intelligence community— The term intelligence community has the meaning given such term in such section.
Sec. 9101 Authorization of appropriations
addedadded Funds are hereby authorized to be appropriated for fiscal year 2021 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government:
added
The Office of the Director of National Intelligence.
added
The Central Intelligence Agency.
added
The Department of Defense.
added
The Defense Intelligence Agency.
added
The National Security Agency.
added
The Department of the Army, the Department of the Navy, and the Department of the Air Force.
added
The Coast Guard.
added
The Department of State.
added
The Department of the Treasury.
added
The Department of Energy.
added
The Department of Justice.
added
The Federal Bureau of Investigation.
added
The Drug Enforcement Administration.
added
The National Reconnaissance Office.
added
The National Geospatial-Intelligence Agency.
added
The Department of Homeland Security.
Sec. 9102 Classified Schedule of Authorizations
added
added
Specifications of amounts— The amounts authorized to be appropriated under section 9101 for the conduct of the intelligence activities of the elements listed in paragraphs (1) through (16) of section 9101, are those specified in the classified Schedule of Authorizations prepared to accompany this division.
added
Availability of classified Schedule of Authorizations—
added
Availability— The classified Schedule of Authorizations referred to in subsection (a) shall be made available to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and to the President.
added
Distribution by the President— Subject to paragraph (3), the President shall provide for suitable distribution of the classified Schedule of Authorizations referred to in subsection (a), or of appropriate portions of such Schedule, within the executive branch of the Federal Government.
added
Limits on disclosure— The President shall not publicly disclose the classified Schedule of Authorizations or any portion of such Schedule except—
added
as provided in section 601(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C. 3306(a));
added
to the extent necessary to implement the budget; or
added
as otherwise required by law.
Sec. 9103 Intelligence Community Management Account
added
added
Authorization of appropriations— There is authorized to be appropriated for the Intelligence Community Management Account of the Director of National Intelligence for fiscal year 2021 the sum of $731,200,000.
added
Classified authorization of appropriations— In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are authorized to be appropriated for the Intelligence Community Management Account for fiscal year 2021 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 9102(a).
Sec. 9201 Authorization of appropriations
addedadded There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund $514,000,000 for fiscal year 2021.
Sec. 9301 Restriction on conduct of intelligence activities
addedadded The authorization of appropriations by this division shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or the laws of the United States.
Sec. 9302 Increase in employee compensation and benefits authorized by law
addedadded Appropriations authorized by this division for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law.
Sec. 9303 Clarification of authorities and responsibilities of National Manager for National Security Telecommunications and Information Systems Security
addedadded In carrying out the authorities and responsibilities of the National Manager for National Security Telecommunications and Information Systems Security under National Security Directive 42 (signed by the President on July 5, 1990), the National Manager shall not supervise, oversee, or execute, either directly or indirectly, any aspect of the National Intelligence Program.
Sec. 9304 Continuity of operations plans for certain elements of the intelligence community in the case of a national emergency
added
added
Definition of covered national emergency— In this section, the term covered national emergency means the following:
added
A major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).
added
An emergency declared by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191).
added
A national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.).
added
A public health emergency declared under section 319 of the Public Health Service Act (42 U.S.C. 247d).
added
In general— The Director of National Intelligence, the Director of the Central Intelligence Agency, the Director of the National Reconnaissance Office, the Director of the Defense Intelligence Agency, the Director of the National Security Agency, and the Director of the National Geospatial-Intelligence Agency shall each establish continuity of operations plans for use in the case of covered national emergencies for the element of the intelligence community concerned.
added
Submission to Congress—
added
Director of National Intelligence and Director of the Central Intelligence Agency— Not later than 7 days after the date on which a covered national emergency is declared, the Director of National Intelligence and the Director of the Central Intelligence Agency shall each submit to the congressional intelligence committees the plan established under subsection (b) for that emergency for the element of the intelligence community concerned.
added
Director of National Reconnaissance Office, Director of Defense Intelligence Agency, Director of National Security Agency, and Director of National Geospatial-Intelligence Agency— Not later than 7 days after the date on which a covered national emergency is declared, the Director of the National Reconnaissance Office, the Director of the Defense Intelligence Agency, the Director of the National Security Agency, and the Director of the National Geospatial-Intelligence Agency shall each submit the plan established under subsection (b) for that emergency for the element of the intelligence community concerned to the following:
added
The congressional intelligence committees.
added
The Committee on Armed Services of the Senate.
added
The Committee on Armed Services of the House of Representatives.
added
Updates— During a covered national emergency, the Director of National Intelligence, the Director of the Central Intelligence Agency, the Director of the National Reconnaissance Office, the Director of the Defense Intelligence Agency, the Director of the National Security Agency, and the Director of the National Geospatial-Intelligence Agency shall each submit any updates to the plans submitted under subsection (c)—
added
in accordance with that subsection; and
added
in a timely manner consistent with section 501 of the National Security Act of 1947 (50 U.S.C. 3091).
Sec. 9305 Application of Executive Schedule level III to position of Director of National Reconnaissance Office
addedadded Section 5314 of title 5, United States Code, is amended by adding at the end the following:
added “Director of the National Reconnaissance Office.”
Sec. 9306 National Intelligence University
added
added
In general— Title X of the National Security Act of 1947 (50 U.S.C. 3191 et seq.) is amended by adding at the end the following:
added “D National Intelligence University
added “1031. Transfer date
added “In this subtitle, the term transfer date means the date on which the National Intelligence University is transferred from the Defense Intelligence Agency to the Director of National Intelligence under section 5324(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).
added “1032. Degree-granting authority
added “(a) In general—Beginning on the transfer date, under regulations prescribed by the Director of National Intelligence, the President of the National Intelligence University may, upon the recommendation of the faculty of the University, confer appropriate degrees upon graduates who meet the degree requirements.
added “(b) Limitation—A degree may not be conferred under this section unless—
added “(1) the Secretary of Education has recommended approval of the degree in accordance with the Federal Policy Governing Granting of Academic Degrees by Federal Agencies; and
added “(2) the University is accredited by the appropriate academic accrediting agency or organization to award the degree, as determined by the Secretary of Education.
added “(c) Congressional notification requirements
added “(1) Actions on nonaccreditation—Beginning on the transfer date, the Director shall promptly—
added “(A) notify the congressional intelligence committees of any action by the Middle States Commission on Higher Education, or other appropriate academic accrediting agency or organization, to not accredit the University to award any new or existing degree; and
added “(B) submit to such committees a report containing an explanation of any such action.
added “(2) Modification or redesignation of degree-granting authority—Beginning on the transfer date, upon any modification or redesignation of existing degree-granting authority, the Director shall submit to the congressional intelligence committees a report containing—
added “(A) the rationale for the proposed modification or redesignation; and
added “(B) any subsequent recommendation of the Secretary of Education with respect to the proposed modification or redesignation.
added “1033. Faculty members; employment and compensation
added “(a) Authority of Director—Beginning on the transfer date, the Director of National Intelligence may employ as many professors, instructors, and lecturers at the National Intelligence University as the Director considers necessary.
added “(b) Compensation of faculty members—The compensation of persons employed under this section shall be as prescribed by the Director.
added “(c) Compensation plan—The Director shall provide each person employed as a professor, instructor, or lecturer at the University on the transfer date an opportunity to elect to be paid under the compensation plan in effect on the day before the transfer date (with no reduction in pay) or under the authority of this section.
added “1034. Acceptance of faculty research grants
added “The Director of National Intelligence may authorize the President of the National Intelligence University to accept qualifying research grants in the same manner and to the same degree as the President of the National Defense University under section 2165(e) of title 10, United States Code.
added “1035. Continued applicability of the Federal Advisory Committee Act to the Board of Visitors
added “The Federal Advisory Committee Act (5 U.S.C. App.) shall continue to apply to the Board of Visitors of the National Intelligence University on and after the transfer date.”
added
Conforming amendments— Section 5324 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended—
added
in subsection (b)(1)(C), by striking “subsection (e)(2)” and inserting “section 1032(b) of the National Security Act of 1947”;
added
by striking subsections (e) and (f); and
added
by redesignating subsections (g) and (h) as subsections (e) and (f), respectively.
added
Clerical amendment— The table of contents of the National Security Act of 1947 is amended by inserting after the item relating to section 1024 the following:
Sec. 9307 Requiring facilitation of establishment of Social Media Data and Threat Analysis Center
added
added
Requirement to facilitate establishment— Subsection (c)(1) of section 5323 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended, by striking “may” and inserting “shall”.
added
Deadline to facilitate establishment— Such subsection is further amended by striking “The Director” and inserting “Not later than 180 days after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2021, the Director”.
added
Conforming amendments—
added
Reporting— Subsection (d) of such section is amended—
added
in the matter before paragraph (1), by striking “If the Director” and all that follows through “the Center, the” and inserting “The”; and
added
in paragraph (1), by striking “180 days after the date of the enactment of this Act” and inserting “180 days after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2021”.
added
Funding— Subsection (f) of such section is amended by striking “fiscal year 2020 and 2021” and inserting “fiscal year 2021 and 2022”.
added
Clerical— Subsection (c) of such section is amended—
added
in the subsection heading, by striking “Authority” and inserting “Requirement”; and
added
in paragraph (1), in the paragraph heading, by striking “Authority” and inserting “Requirement”.
Sec. 9308 Data collection on attrition in intelligence community
added
added
Standards for data collection—
added
In general— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall establish standards for collecting data relating to attrition in the intelligence community workforce across demographics, specialities, and length of service.
added
Inclusion of certain candidates— The Director shall include, in the standards established under paragraph (1), standards for collecting data from candidates who accepted conditional offers of employment but chose to withdraw from the hiring process before entering into service, including data with respect to the reasons such candidates chose to withdraw.
added
Collection of data— Not later than 120 days after the date of the enactment of this Act, each element of the intelligence community shall begin collecting data on workforce and candidate attrition in accordance with the standards established under subsection (a).
added
Annual report— Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the Director shall submit to the congressional intelligence committees a report on workforce and candidate attrition in the intelligence community that includes—
added
the findings of the Director based on the data collected under subsection (b);
added
recommendations for addressing any issues identified in those findings; and
added
an assessment of timeliness in processing hiring applications of individuals previously employed by an element of the intelligence community, consistent with the Trusted Workforce 2.0 initiative sponsored by the Security Clearance, Suitability, and Credentialing Performance Accountability Council.
Sec. 9309 Limitation on delegation of responsibility for program management of information-sharing environment
added
added
In general— Section 1016(b) of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485(b)), as amended by section 6402(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is further amended—
added
in paragraph (1), in the matter before subparagraph (A), by striking “Director of National Intelligence” and inserting “President”;
added
in paragraph (2), by striking “Director of National Intelligence” both places it appears and inserting “President”; and
added
by adding at the end the following:
added “(3) Delegation
added “(A) In general—Subject to subparagraph (B), the President may delegate responsibility for carrying out this subsection.
added “(B) Limitation—The President may not delegate responsibility for carrying out this subsection to the Director of National Intelligence.”
added
Effective date— The amendments made by subsection (a) shall take effect on October 1, 2020.
Sec. 9310 Improvements to provisions relating to intelligence community information technology environment
addedadded Section 6312 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by striking subsections (e) through (i) and inserting the following:
added “(e) Long-term roadmap—Not later than 180 days after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2021, the Director of National Intelligence shall develop and maintain a long-term roadmap for the intelligence community information technology environment.
added “(f) Business plan—Not later than 180 days after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2021, the Director of National Intelligence shall develop and maintain a business plan to implement the long-term roadmap required by subsection (e).”
Sec. 9311 Requirements and authorities for Director of the Central Intelligence Agency to improve education in science, technology, engineering, arts, and mathematics
addedadded The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et seq.) is amended by adding the following:
added “24. Improvement of education in science, technology, engineering, arts, and mathematics
added “(a) Definitions—In this section:
added “(1) Eligible entity—The term eligible entity includes a department or agency of the Federal Government, a State, a political subdivision of a State, an individual, and a not-for-profit or other organization in the private sector.
added “(2) Educational institution—The term educational institution includes any public or private elementary school or secondary school, institution of higher education, college, university, or any other profit or nonprofit institution that is dedicated to improving science, technology, engineering, the arts, mathematics, business, law, medicine, or other fields that promote development and education relating to science, technology, engineering, the arts, or mathematics.
added “(3) State—The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any other territory or possession of the United States.
added “(b) Requirements—The Director shall, on a continuing basis—
added “(1) identify actions that the Director may take to improve education in the scientific, technology, engineering, arts, and mathematics (known as “STEAM”) skills necessary to meet the long-term national security needs of the United States for personnel proficient in such skills; and
added “(2) establish and conduct programs to carry out such actions.
added “(c) Authorities
added “(1) In general—The Director, in support of educational programs in science, technology, engineering, the arts, and mathematics, may—
added “(A) award grants to eligible entities;
added “(B) provide cash awards and other items to eligible entities;
added “(C) accept voluntary services from eligible entities;
added “(D) support national competition judging, other educational event activities, and associated award ceremonies in connection with such educational programs; and
added “(E) enter into one or more education partnership agreements with educational institutions in the United States for the purpose of encouraging and enhancing study in science, technology, engineering, the arts, and mathematics disciplines at all levels of education.
added “(2) Education partnership agreements
added “(A) Nature of assistance provided—Under an education partnership agreement entered into with an educational institution under paragraph (1)(E), the Director may provide assistance to the educational institution by—
added “(i) loaning equipment to the educational institution for any purpose and duration in support of such agreement that the Director considers appropriate;
added “(ii) making personnel available to teach science courses or to assist in the development of science courses and materials for the educational institution;
added “(iii) providing sabbatical opportunities for faculty and internship opportunities for students;
added “(iv) involving faculty and students of the educational institution in Agency projects, including research and technology transfer or transition projects;
added “(v) cooperating with the educational institution in developing a program under which students may be given academic credit for work on Agency projects, including research and technology transfer for transition projects; and
added “(vi) providing academic and career advice and assistance to students of the educational institution.
added “(B) Priorities—In entering into education partnership agreements under paragraph (1)(E), the Director shall prioritize entering into education partnership agreements with the following:
added “(i) Historically Black colleges and universities and other minority-serving institutions, as described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).
added “(ii) Educational institutions serving women, members of minority groups, and other groups of individuals who traditionally are involved in the science, technology, engineering, arts, and mathematics professions in disproportionately low numbers.
added “(d) Designation of advisor—The Director shall designate one or more individuals within the Agency to advise and assist the Director regarding matters relating to science, technology, engineering, the arts, and mathematics education and training.”
Sec. 9321 Assessment by the Comptroller General of the United States on efforts of the intelligence community and the Department of Defense to identify and mitigate risks posed to the intelligence community and the Department by the use of direct-to-consumer genetic testing by the Government of the People's Republic of China
added
added
Assessment required— The Comptroller General of the United States shall assess the efforts of the intelligence community and the Department of Defense to identify and mitigate the risks posed to the intelligence community and the Department by the use of direct-to-consumer genetic testing by the Government of the People's Republic of China.
added
Report required—
added
Definition of United States direct-to-consumer genetic testing company— In this subsection, the term United States direct-to-consumer genetic testing company means a private entity that—
added
carries out direct-to-consumer genetic testing; and
added
is organized under the laws of the United States or any jurisdiction within the United States.
added
In general— Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress, including the congressional intelligence committees, the Committee on Armed Services of the Senate, and the Committee on Armed Services of the House of Representatives, a report on the assessment required by subsection (a).
added
Elements— The report required by paragraph (2) shall include the following:
added
A description of key national security risks and vulnerabilities associated with direct-to-consumer genetic testing, including—
added
how the Government of the People's Republic of China may be using data provided by personnel of the intelligence community and the Department through direct-to-consumer genetic tests; and
added
how ubiquitous technical surveillance may amplify those risks.
added
An assessment of the extent to which the intelligence community and the Department have identified risks and vulnerabilities posed by direct-to-consumer genetic testing and have sought to mitigate such risks and vulnerabilities, or have plans for such mitigation, including the extent to which the intelligence community has determined—
added
in which United States direct-to-consumer genetic testing companies the Government of the People's Republic of China or entities owned or controlled by the Government of the People's Republic of China have an ownership interest; and
added
which United States direct-to-consumer genetic testing companies may have sold data to the Government of the People's Republic of China or entities owned or controlled by the Government of the People's Republic of China.
added
Such recommendations as the Comptroller General may have for action by the intelligence community and the Department to improve the identification and mitigation of risks and vulnerabilities posed by the use of direct-to-consumer genetic testing by the Government of the People's Republic of China.
added
Form— The report required by paragraph (2) shall be submitted in unclassified form, but may include a classified annex.
added
Cooperation— The heads of relevant elements of the intelligence community and components of the Department shall—
added
fully cooperate with the Comptroller General in conducting the assessment required by subsection (a); and
added
provide any information and data required by the Comptroller General to conduct the assessment.
Sec. 9322 Report on use by intelligence community of hiring flexibilities and expedited human resources practices to assure quality and diversity in the workforce of the intelligence community
added
added
In general— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report on how elements of the intelligence community are exercising hiring flexibilities and expedited human resources practices afforded under section 3326 of title 5, United States Code, and subpart D of part 315 of title 5, Code of Federal Regulations, or successor regulation, to assure quality and diversity in the workforce of the intelligence community.
added
Obstacles— The report submitted under subsection (a) shall include identification of any obstacles encountered by the intelligence community in exercising the authorities described in such subsection.
Sec. 9323 Report on signals intelligence priorities and requirements
added
added
Report required— Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report on signals intelligence priorities and requirements subject to Presidential Policy Directive 28.
added
Elements— The report required by subsection (a) shall cover the following:
added
The implementation of the annual process for advising the Director on signals intelligence priorities and requirements described in section 3 of Presidential Policy Directive 28.
added
The signals intelligence priorities and requirements as of the most recent annual process.
added
The application of such priorities and requirements to the signals intelligence collection efforts of the intelligence community.
added
The contents of the classified annex referenced in section 3 of Presidential Policy Directive 28.
added
Form— The report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Sec. 9324 Assessment of demand for student loan repayment program benefit
added
added
In general— Not later than 90 days after the date of the enactment of this Act, the head of each element of the intelligence community shall—
added
calculate the number of personnel of that element who qualify for a student loan repayment program benefit;
added
compare the number calculated under paragraph (1) to the number of personnel who apply for such a benefit;
added
provide recommendations for how to structure such a program to optimize participation and enhance the effectiveness of the benefit as a retention tool, including with respect to the amount of the benefit offered and the length of time an employee receiving a benefit is required to serve under a continuing service agreement; and
added
identify any shortfall in funds or authorities needed to provide such a benefit.
added
Inclusion in fiscal year 2022 budget submission— The Director of National Intelligence shall include in the budget justification materials submitted to Congress in support of the budget for the intelligence community for fiscal year 2022 (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a report on the findings of the elements of the intelligence community under subsection (a).
Sec. 9325 Assessment of intelligence community demand for child care
added
added
In general— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the heads of the elements of the intelligence community specified in subsection (b), shall submit to the congressional intelligence committees a report that includes—
added
a calculation of the total annual demand for child care by employees of such elements, at or near the workplaces of such employees, including a calculation of the demand for early morning and evening child care;
added
an identification of any shortfall between the demand calculated under paragraph (1) and the child care supported by such elements as of the date of the report;
added
an assessment of options for addressing any such shortfall, including options for providing child care at or near the workplaces of employees of such elements;
added
an identification of the advantages, disadvantages, security requirements, and costs associated with each such option;
added
a plan to meet, by the date that is 5 years after the date of the report—
added
the demand calculated under paragraph (1); or
added
an alternative standard established by the Director for child care available to employees of such elements; and
added
an assessment of needs of specific elements of the intelligence community, including any Government-provided child care that could be collocated with a workplace of employees of such an element and any available child care providers in the proximity of such a workplace.
added
Elements specified— The elements of the intelligence community specified in this subsection are the following:
added
The Central Intelligence Agency.
added
The National Security Agency.
added
The Defense Intelligence Agency.
added
The National Geospatial-Intelligence Agency.
added
The National Reconnaissance Office.
added
The Office of the Director of National Intelligence.
Sec. 9326 Open source intelligence strategies and plans for the intelligence community
added
added
Requirement for survey and evaluation of customer feedback— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the head of each element of the intelligence community, shall—
added
conduct a survey of the open source intelligence requirements, goals, monetary and property investments, and capabilities for each element of the intelligence community; and
added
evaluate the usability and utility of the Open Source Enterprise by soliciting customer feedback and evaluating such feedback.
added
Requirement for overall strategy and for intelligence community, plan for improving usability of Open Source Enterprise, and risk analysis of creating open source center— Not later than 180 days after the date of the enactment of this Act, the Director, in coordination with the head of each element of the intelligence community and using the findings of the Director with respect to the survey conducted under subsection (a), shall—
added
develop a strategy for open source intelligence collection, analysis, and production that defines the overarching goals, roles, responsibilities, and processes for such collection, analysis, and production for the intelligence community;
added
develop a plan for improving usability and utility of the Open Source Enterprise based on the customer feedback solicited under subsection (a)(2); and
added
conduct a risk and benefit analysis of creating an open source center independent of any current intelligence community element.
added
Requirement for plan for centralized data repository— Not later than 270 days after the date of the enactment of this Act and using the findings of the Director with respect to the survey and evaluation conducted under subsection (a), the strategy and plan developed under subsection (b), and the risk and benefit analysis conducted under such subsection, the Director shall develop a plan for a centralized data repository of open source intelligence that enables all elements of the intelligence community—
added
to use such repository for their specific requirements; and
added
to derive open source intelligence advantages.
added
Requirement for cost-sharing model— Not later than 1 year after the date of the enactment of this Act and using the findings of the Director with respect to the survey and evaluation conducted under subsection (a), the strategy and plan developed under subsection (b), the risk and benefit analysis conducted under such subsection, and the plan developed under subsection (c), the Director shall develop a cost-sharing model that leverages the open source intelligence investments of each element of the intelligence community for the beneficial use of the entire intelligence community.
added
Congressional briefing— Not later than 1 year after the date of the enactment of this Act, the Director of National Intelligence, the Director of the Central Intelligence Agency, the Director of the Defense Intelligence Agency, the Director of the National Geospatial-Intelligence Agency, and the Director of the National Security Agency shall jointly brief the congressional intelligence committees on—
added
the strategy developed under paragraph (1) of subsection (b);
added
the plan developed under paragraph (2) of such subsection;
added
the plan developed under subsection (c); and
added
the cost-sharing model developed under subsection (d).
Sec. 9401 Exclusivity, consistency, and transparency in security clearance procedures, and right to appeal
added
added
Exclusivity of procedures— Section 801 of the National Security Act of 1947 (50 U.S.C. 3161) is amended by adding at the end the following:
added “(c) Exclusivity—Except as provided in subsection (b) and subject to sections 801A and 801B, the procedures established pursuant to subsection (a) and promulgated and set forth under subpart A of title 32, Code of Federal Regulations, or successor regulations, shall be the exclusive procedures by which decisions about eligibility for access to classified information are governed.”
added
Transparency— Such section is further amended by adding at the end the following:
added “(d) Publication
added “(1) In general—Not later than 180 days after the date of the enactment of this subsection, the President shall—
added “(A) publish in the Federal Register the procedures established pursuant to subsection (a); or
added “(B) submit to Congress a certification that the procedures currently in effect that govern access to classified information as described in subsection (a)—
added “(i) are published in the Federal Register; and
added “(ii) comply with the requirements of subsection (a).
added “(2) Updates—Whenever the President makes a revision to a procedure established pursuant to subsection (a), the President shall publish such revision in the Federal Register not later than 30 days before the date on which the revision becomes effective.”
added
Consistency—
added
In general— Title VIII of the National Security Act of 1947 (50 U.S.C. 3161 et seq.) is amended by inserting after section 801 the following:
added “801A. Decisions relating to access to classified information
added “(a) Definitions—In this section:
added “(1) Agency—The term agency has the meaning given the term Executive agency in section 105 of title 5, United States Code.
added “(2) Classified Information—The term classified information includes sensitive compartmented information, restricted data, restricted handling information, and other compartmented information.
added “(3) Eligibility for access to classified information—The term eligibility for access to classified information has the meaning given such term in the procedures established pursuant to section 801(a).
added “(b) In general—Each head of an agency that makes a determination regarding eligibility for access to classified information shall ensure that in making the determination, the head of the agency or any person acting on behalf of the head of the agency—
added “(1) does not violate any right or protection enshrined in the Constitution of the United States, including rights articulated in the First, Fifth, and Fourteenth Amendments;
added “(2) does not discriminate for or against an individual on the basis of race, ethnicity, color, religion, sex, national origin, age, or handicap;
added “(3) is not carrying out—
added “(A) retaliation for political activities or beliefs; or
added “(B) a coercion or reprisal described in section 2302(b)(3) of title 5, United States Code; and
added “(4) does not violate section 3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(1)).”
added
Clerical amendment— The table of contents in the matter preceding section 2 of the National Security Act of 1947 (50 U.S.C. 3002) is amended by inserting after the item relating to section 801 the following:
added
Right to appeal—
added
In general— Such title, as amended by subsection (c), is further amended by inserting after section 801A the following:
added “801B. Right to appeal
added “(a) Definitions—In this section:
added “(1) Agency—The term agency has the meaning given the term Executive agency in section 105 of title 5, United States Code.
added “(2) Covered person—The term covered person means a person, other than the President and Vice President, currently or formerly employed in, detailed to, assigned to, or issued an authorized conditional offer of employment for a position that requires access to classified information by an agency, including the following:
added “(A) A member of the Armed Forces.
added “(B) A civilian.
added “(C) An expert or consultant with a contractual or personnel obligation to an agency.
added “(D) Any other category of person who acts for or on behalf of an agency as determined by the head of the agency.
added “(3) Eligibility for access to classified information—The term eligibility for access to classified information has the meaning given such term in the procedures established pursuant to section 801(a).
added “(4) Need for access—The term need for access has such meaning as the President may define in the procedures established pursuant to section 801(a).
added “(5) Reciprocity of clearance—The term reciprocity of clearance, with respect to a denial by an agency, means that the agency, with respect to a covered person—
added “(A) failed to accept a security clearance background investigation as required by paragraph (1) of section 3001(d) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(d));
added “(B) failed to accept a transferred security clearance background investigation required by paragraph (2) of such section;
added “(C) subjected the covered person to an additional investigative or adjudicative requirement in violation of paragraph (3) of such section; or
added “(D) conducted an investigation in violation of paragraph (4) of such section.
added “(6) Security Executive Agent—The term Security Executive Agent means the officer serving as the Security Executive Agent pursuant to section 803.
added “(b) Agency review
added “(1) In general—Not later than 180 days after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2021, each head of an agency shall, consistent with the interest of national security, establish and publish in the Federal Register a process by which a covered person to whom eligibility for access to classified information was denied or revoked by the agency or for whom reciprocity of clearance was denied by the agency can appeal that denial or revocation within the agency.
added “(2) Elements—The process required by paragraph (1) shall include the following:
added “(A) In the case of a covered person to whom eligibility for access to classified information or reciprocity of clearance is denied or revoked by an agency, the following:
added “(i) The head of the agency shall provide the covered person with a written—
added “(I) detailed explanation of the basis for the denial or revocation as the head of the agency determines is consistent with the interests of national security and as permitted by other applicable provisions of law; and
added “(II) notice of the right of the covered person to a hearing and appeal under this subsection.
added “(ii) Not later than 30 days after receiving a request from the covered person for copies of the documents that formed the basis of the agency's decision to revoke or deny, including the investigative file, the head of the agency shall provide to the covered person copies of such documents as—
added “(I) the head of the agency determines is consistent with the interests of national security; and
added “(II) permitted by other applicable provisions of law, including—
added “(aa) section 552 of title 5, United States Code (commonly known as the “Freedom of Information Act”);
added “(bb) section 552a of such title (commonly known as the “Privacy Act of 1974”); and
added “(cc) such other provisions of law relating to the protection of confidential sources and privacy of individuals.
added “(iii)
added “(I) The covered person shall have the opportunity to retain counsel or other representation at the covered person’s expense.
added “(II) Upon the request of the covered person, and a showing that the ability to review classified information is essential to the resolution of an appeal under this subsection, counsel or other representation retained under this clause shall be considered for access to classified information for the limited purposes of such appeal.
added “(iv)
added “(I) The head of the agency shall provide the covered person an opportunity, at a point in the process determined by the agency head—
added “(aa) to appear personally before an adjudicative or other authority, other than the investigating entity, and to present to such authority relevant documents, materials, and information, including evidence that past problems relating to the denial or revocation have been overcome or sufficiently mitigated; and
added “(bb) to call and cross-examine witnesses before such authority, unless the head of the agency determines that calling and cross-examining witnesses is not consistent with the interests of national security.
added “(II) The head of the agency shall make, as part of the security record of the covered person, a written summary, transcript, or recording of any appearance under item (aa) of subclause (I) or of any calling or cross-examining of witnesses under item (bb) of such subclause.
added “(v) On or before the date that is 30 days after the date on which the covered person receives copies of documents under clause (ii), the covered person may request a hearing of the decision to deny or revoke by filing a written appeal with the head of the agency.
added “(B) A requirement that each review of a decision under this subsection is completed on average not later than 180 days after the date on which a hearing is requested under subparagraph (A)(v).
added “(3) Agency review panels
added “(A) In general—Each head of an agency shall establish a panel to hear and review appeals under this subsection.
added “(B) Membership
added “(i) Composition—Each panel established by the head of an agency under subparagraph (A) shall be composed of at least three employees of the agency selected by the agency head, two of whom shall not be members of the security field.
added “(ii) Terms—A term of service on a panel established by the head of an agency under subparagraph (A) shall not exceed 2 years.
added “(C) Decisions
added “(i) Written—Each decision of a panel established under subparagraph (A) shall be in writing and contain a justification of the decision.
added “(ii) Consistency—Each head of an agency that establishes a panel under subparagraph (A) shall ensure that each decision of the panel is consistent with the interests of national security and applicable provisions of law.
added “(iii) Overturn—The head of an agency may overturn a decision of the panel if, not later than 30 days after the date on which the panel issues the decision, the agency head personally exercises the authority granted by this clause to overturn such decision.
added “(iv) Finality—Each decision of a panel established under subparagraph (A) or overturned pursuant to clause (iii) of this subparagraph shall be final.
added “(D) Access to classified information—The head of an agency that establishes a panel under subparagraph (A) shall afford access to classified information to the members of the panel as the agency head determines—
added “(i) necessary for the panel to hear and review an appeal under this subsection; and
added “(ii) consistent with the interests of national security.
added “(4) Representation by counsel
added “(A) In general—Each head of an agency shall ensure that, under this subsection, a covered person appealing a decision of the head's agency under this subsection has an opportunity to retain counsel or other representation at the covered person’s expense.
added “(B) Access to classified information
added “(i) In general—Upon the request of a covered person appealing a decision of an agency under this subsection and a showing that the ability to review classified information is essential to the resolution of the appeal under this subsection, the head of the agency shall sponsor an application by the counsel or other representation retained under this paragraph for access to classified information for the limited purposes of such appeal.
added “(ii) Extent of access—Counsel or another representative who is cleared for access under this subparagraph may be afforded access to relevant classified materials to the extent consistent with the interests of national security.
added “(5) Publication of decisions
added “(A) In general—Each head of an agency shall publish each final decision on an appeal under this subsection.
added “(B) Requirements—In order to ensure transparency, oversight by Congress, and meaningful information for those who need to understand how the clearance process works, each publication under subparagraph (A) shall be—
added “(i) made in a manner that is consistent with section 552 of title 5, United States Code, as amended by the Electronic Freedom of Information Act Amendments of 1996 (Public Law 104–231);
added “(ii) published to explain the facts of the case, redacting personally identifiable information and sensitive program information; and
added “(iii) made available on a website that is searchable by members of the public.
added “(c) Period of time for the right to appeal
added “(1) In general—Except as provided in paragraph (2), any covered person who has been the subject of a decision made by the head of an agency to deny or revoke eligibility for access to classified information shall retain all rights to appeal under this section until the conclusion of the appeals process under this section.
added “(2) Waiver of rights
added “(A) Persons—Any covered person may voluntarily waive the covered person's right to appeal under this section and such waiver shall be conclusive.
added “(B) Agencies—The head of an agency may not require a covered person to waive the covered person's right to appeal under this section for any reason.
added “(d) Waiver of availability of procedures for national security interest
added “(1) In general—If the head of an agency determines that a procedure established under subsection (b) cannot be made available to a covered person in an exceptional case without damaging a national security interest of the United States by revealing classified information, such procedure shall not be made available to such covered person.
added “(2) Finality—A determination under paragraph (1) shall be final and conclusive and may not be reviewed by any other official or by any court.
added “(3) Reporting
added “(A) Case-by-case
added “(i) In general—In each case in which the head of an agency determines under paragraph (1) that a procedure established under subsection (b) cannot be made available to a covered person, the agency head shall, not later than 30 days after the date on which the agency head makes such determination, submit to the Security Executive Agent and to the congressional intelligence committees a report stating the reasons for the determination.
added “(ii) Form—A report submitted under clause (i) may be submitted in classified form as necessary.
added “(B) Annual reports
added “(i) In general—Not less frequently than once each fiscal year, the Security Executive Agent shall submit to the congressional intelligence committees a report on the determinations made under paragraph (1) during the previous fiscal year.
added “(ii) Contents—Each report submitted under clause (i) shall include, for the period covered by the report, the following:
added “(I) The number of cases and reasons for determinations made under paragraph (1), disaggregated by agency.
added “(II) Such other matters as the Security Executive Agent considers appropriate.
added “(e) Denials and revocations under other provisions of law
added “(1) Rule of construction—Nothing in this section shall be construed to limit or affect the responsibility and power of the head of an agency to deny or revoke eligibility for access to classified information or to deny reciprocity of clearance in the interest of national security.
added “(2) Denials and revocation—The power and responsibility to deny or revoke eligibility for access to classified information or to deny reciprocity of clearance pursuant to any other provision of law or Executive order may be exercised only when the head of an agency determines that an applicable process established under this section cannot be invoked in a manner that is consistent with national security.
added “(3) Finality—A determination under paragraph (2) shall be final and conclusive and may not be reviewed by any other official or by any court.
added “(4) Reporting
added “(A) Case-by-case
added “(i) In general—In each case in which the head of an agency determines under paragraph (2) that a determination relating to a denial or revocation of eligibility for access to classified information or denial of reciprocity of clearance could not be made pursuant to a process established under this section, the agency head shall, not later than 30 days after the date on which the agency head makes such a determination under paragraph (2), submit to the Security Executive Agent and to the congressional intelligence committees a report stating the reasons for the determination.
added “(ii) Form—A report submitted under clause (i) may be submitted in classified form as necessary.
added “(B) Annual reports
added “(i) In general—Not less frequently than once each fiscal year, the Security Executive Agent shall submit to the congressional intelligence committees a report on the determinations made under paragraph (2) during the previous fiscal year.
added “(ii) Contents—Each report submitted under clause (i) shall include, for the period covered by the report, the following:
added “(I) The number of cases and reasons for determinations made under paragraph (2), disaggregated by agency.
added “(II) Such other matters as the Security Executive Agent considers appropriate.
added “(f) Relationship to suitability—No person may use a determination of suitability under part 731 of title 5, Code of Federal Regulations, or successor regulation, for the purpose of denying a covered person the review proceedings of this section where there has been a denial or revocation of eligibility for access to classified information or a denial of reciprocity of clearance.
added “(g) Preservation of roles and responsibilities under Executive Order 10865 and of the Defense Office of Hearings and Appeals—Nothing in this section shall be construed to diminish or otherwise affect the procedures in effect on the day before the date of the enactment of this Act for denial and revocation procedures provided to individuals by Executive Order 10865 (50 U.S.C. 3161 note; relating to safeguarding classified information within industry), or successor order, including those administered through the Defense Office of Hearings and Appeals of the Department of Defense under Department of Defense Directive 5220.6, or successor directive.
added “(h) Rule of construction relating to certain other provisions of law—This section and the processes and procedures established under this section shall not be construed to apply to paragraphs (6) and (7) of section 3001(j) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)).”
added
Clerical amendment— The table of contents in the matter preceding section 2 of the National Security Act of 1947 (50 U.S.C. 3002), as amended by subsection (c), is further amended by inserting after the item relating to section 801A the following:
Sec. 9402 Establishing process parity for security clearance revocations
addedadded Subparagraph (C) of section 3001(j)(4) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(4)) is amended to read as follows:
added “(C) Burdens of proof
added “(i) In general—Subject to clause (iii), in determining whether the adverse security clearance or access determination violated paragraph (1), the agency shall find that paragraph (1) was violated if the individual has demonstrated that a disclosure described in paragraph (1) was a contributing factor in the adverse security clearance or access determination taken against the individual.
added “(ii) Circumstantial evidence—An individual under clause (i) may demonstrate that the disclosure was a contributing factor in the adverse security clearance or access determination taken against the individual through circumstantial evidence, such as evidence that—
added “(I) the official making the determination knew of the disclosure; and
added “(II) the determination occurred within a period such that a reasonable person could conclude that the disclosure was a contributing factor in the determination.
added “(iii) Defense—In determining whether the adverse security clearance or access determination violated paragraph (1), the agency shall not find that paragraph (1) was violated if, after a finding that a disclosure was a contributing factor, the agency demonstrates by clear and convincing evidence that it would have made the same security clearance or access determination in the absence of such disclosure.”
Sec. 9403 Federal policy on sharing of derogatory information pertaining to contractor employees in the trusted workforce
added
added
Policy required— Not later than 180 days after the date of the enactment of this Act, the Security Executive Agent, in coordination with the principal members of the Performance Accountability Council and the Attorney General, shall issue a policy for the Federal Government on sharing of derogatory information pertaining to contractor employees engaged by the Federal Government.
added
Consent requirement—
added
In general— The policy issued under subsection (a) shall require, as a condition of accepting a security clearance with the Federal Government, that a contractor employee provide prior written consent for the Federal Government to share covered derogatory information with the chief security officer of the contractor employer that employs the contractor employee.
added
Covered derogatory information— For purposes of this section, covered derogatory information—
added
is information that—
added
contravenes National Security Adjudicative Guidelines as specified in Security Executive Agent Directive 4 (10 C.F.R. 710 app. A), or any successor Federal policy;
added
a Federal Government agency certifies is accurate and reliable;
added
is relevant to a contractor's ability to protect against insider threats as required by section 1–202 of the National Industrial Security Program Operating Manual (NISPOM), or successor manual; and
added
may have a bearing on the contractor employee's suitability for a position of public trust or to receive credentials to access certain facilities of the Federal Government; and
added
shall include any negative information considered in the adjudicative process, including information provided by the contractor employee on forms submitted for the processing of the contractor employee's security clearance.
added
Elements— The policy issued under subsection (a) shall—
added
require Federal agencies, except under exceptional circumstances specified by the Security Executive Agent, to share with the contractor employer of a contractor employee engaged with the Federal Government the existence of potentially derogatory information and which National Security Adjudicative Guideline it falls under, with the exception that the Security Executive Agent may waive such requirement in circumstances the Security Executive Agent considers extraordinary;
added
require that covered derogatory information shared with a contractor employer as described in subsection (b)(1) be used by the contractor employer exclusively for risk mitigation purposes under section 1–202 of the National Industrial Security Program Operating Manual, or successor manual;
added
require Federal agencies to share any mitigation measures in place to address the derogatory information;
added
establish standards for timeliness for sharing the derogatory information;
added
specify the methods by which covered derogatory information will be shared with the contractor employer of the contractor employee;
added
allow the contractor employee, within a specified timeframe, the right—
added
to contest the accuracy and reliability of covered derogatory information;
added
to address or remedy any concerns raised by the covered derogatory information; and
added
to provide documentation pertinent to subparagraph (A) or (B) for an agency to place in relevant security clearance databases;
added
establish a procedure by which the contractor employer of the contractor employee may consult with the Federal Government prior to taking any remedial action under section 1–202 of the National Industrial Security Program Operating Manual, or successor manual, to address the derogatory information the Federal agency has provided;
added
stipulate that the chief security officer of the contractor employer is prohibited from sharing or discussing covered derogatory information with other parties, including nonsecurity professionals at the contractor employer; and
added
require companies in the National Industrial Security Program to comply with the policy.
added
Consideration of lessons learned from information-sharing program for positions of trust and security clearances— In developing the policy issued under subsection (a), the Director shall consider, to the extent available, lessons learned from actions taken to carry out section 6611(f) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).
Sec. 9501 Report on attempts by foreign adversaries to build telecommunications and cybersecurity equipment and services for, or to provide such equipment and services to, certain allies of the United States
added
added
Definitions— In this section:
added
Appropriate committees of Congress— The term appropriate committees of Congress means—
added
the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and
added
the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
added
Five Eyes country— The term Five Eyes country means any of the following:
added
Australia.
added
Canada.
added
New Zealand.
added
The United Kingdom.
added
The United States.
added
Report required— Not later than 90 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency, the Director of the National Security Agency, and the Director of the Defense Intelligence Agency shall jointly submit to the appropriate committees of Congress a report on attempts by foreign adversaries to build telecommunications and cybersecurity equipment and services for, or to provide such equipment and services to, Five Eyes countries.
added
Elements— The report submitted under subsection (b) shall include the following:
added
An assessment of United States intelligence sharing and intelligence and military force posture in any Five Eyes country that currently uses or intends to use telecommunications or cybersecurity equipment or services provided by a foreign adversary of the United States, including China and Russia.
added
A description and assessment of mitigation of any potential compromises or risks for any circumstance described in paragraph (1).
added
Form— The report required by subsection (b) shall include an unclassified executive summary, and may include a classified annex.
Sec. 9502 Report on threats posed by use by foreign governments and entities of commercially available cyber intrusion and surveillance technology
added
added
Report required— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees a report on the threats posed by the use by foreign governments and entities of commercially available cyber intrusion and other surveillance technology.
added
Contents— The report required by subsection (a) shall include the following:
added
Matters relating to threats described in subsection (a) as they pertain to the following:
added
The threat posed to United States persons and persons inside the United States.
added
The threat posed to United States personnel overseas.
added
The threat posed to employees of the Federal Government, including through both official and personal accounts and devices.
added
A description of which foreign governments and entities pose the greatest threats from the use of technology described in subsection (a) and the nature of those threats.
added
An assessment of the source of the commercially available cyber intrusion and other surveillance technology that poses the threats described in subsection (a), including whether such technology is made by United States companies or companies in the United States or by foreign companies.
added
An assessment of actions taken, as of the date of the enactment of this Act, by the Federal Government and foreign governments to limit the export of technology described in subsection (a) from the United States or foreign countries to foreign governments and entities in ways that pose the threats described in such subsection.
added
Matters relating to how the Federal Government, Congress, and foreign governments can most effectively mitigate the threats described in subsection (a), including matters relating to the following:
added
Working with the technology and telecommunications industry to identify and improve the security of consumer software and hardware used by United States persons and persons inside the United States that is targeted by commercial cyber intrusion and surveillance software.
added
Export controls.
added
Diplomatic pressure.
added
Trade agreements.
added
Form— The report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
Sec. 9503 Reports on recommendations of the Cyberspace Solarium Commission
added
added
Appropriate committees of Congress— In this section, the term appropriate committees of Congress means—
added
the Committee on Armed Services, the Select Committee on Intelligence, the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, and the Committee on Energy and Natural Resources of the Senate; and
added
the Committee on Armed Services, the Permanent Select Committee on Intelligence, the Committee on Homeland Security, the Committee on Science, Space, and Technology, and the Committee on Energy and Commerce of the House of Representatives.
added
Reports required— Not later than 180 days after the date of the enactment of this Act, each head of an agency described in subsection (c) shall submit to the appropriate committees of Congress a report on the recommendations included in the report issued by the Cyberspace Solarium Commission under section 1652(k) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232).
added
Agencies described— The agencies described in this subsection are the following:
added
The Office of the Director of National Intelligence.
added
The Department of Homeland Security.
added
The Department of Energy.
added
The Department of Commerce.
added
The Department of Defense.
added
Contents— Each report submitted under subsection (b) by the head of an agency described in subsection (c) shall include the following:
added
An evaluation of the recommendations in the report described in subsection (b) that the agency identifies as pertaining directly to the agency.
added
A description of the actions taken, or the actions that the head of the agency may consider taking, to implement any of the recommendations (including a comprehensive estimate of requirements for appropriations to take such actions).
Sec. 9504 Assessment of critical technology trends relating to artificial intelligence, microchips, and semiconductors and related supply chains
added
added
Assessment required— Not later than 180 days after the date of the enactment of this Act, the Director of National Intelligence shall complete a detailed assessment of critical technology trends relating to artificial intelligence, microchips, and semiconductors and related supply chains.
added
Elements— The assessment required by subsection (a) shall include the following:
added
Export controls—
added
In general— An assessment of efforts by partner countries to enact and implement export controls and other technology transfer measures with respect to artificial intelligence, microchips, advanced manufacturing equipment, and other artificial intelligence enabled technologies critical to United States supply chains.
added
Identification of opportunities for cooperation— The assessment under subparagraph (A) shall identify opportunities for further cooperation with international partners on a multilateral and bilateral basis to strengthen export control regimes and address technology transfer threats.
added
Semiconductor supply chains—
added
In general— An assessment of global semiconductor supply chains, including areas to reduce United States vulnerabilities and maximize points of leverage.
added
Analysis of potential effects— The assessment under subparagraph (A) shall include an analysis of the potential effects of significant geopolitical shifts, including those related to Taiwan.
added
Identification of opportunities for diversification— The assessment under subparagraph (A) shall also identify opportunities for diversification of United States supply chains, including an assessment of cost, challenges, and opportunities to diversify manufacturing capabilities on a multinational basis.
added
Computing power— An assessment of trends relating to computing power and the effect of such trends on global artificial intelligence development and implementation, in consultation with the Director of the Intelligence Advanced Research Projects Activity, the Director of the Defense Advanced Research Projects Agency, and the Director of the National Institute of Standards and Technology, including forward-looking assessments of how computing resources may affect United States national security, innovation, and implementation relating to artificial intelligence.
added
Report—
added
Definition of appropriate committees of Congress— In this subsection, the term appropriate committees of Congress means—
added
the Select Committee on Intelligence, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Foreign Relations of the Senate; and
added
the Permanent Select Committee on Intelligence, the Committee on Armed Services, the Committee on Financial Services, and the Committee on Foreign Affairs of the House of Representatives.
added
In general— Not later than 180 days after the date of the enactment of this Act, the Director shall submit to the appropriate committees of Congress a report on the findings of the Director with respect to the assessment completed under subsection (a).
added
Form— The report submitted under paragraph (2) shall be submitted in unclassified form, but may include a classified annex.
Sec. 9505 Combating Chinese influence operations in the United States and strengthening civil liberties protections
added
added
Updates to annual reports on influence operations and campaigns in the United States by the Chinese Communist Party— Section 1107(b) of the National Security Act of 1947 (50 U.S.C. 3237(b)) is amended—
added
by redesignating paragraph (8) as paragraph (9); and
added
by inserting after paragraph (7) the following:
added “(8) An identification of influence activities and operations employed by the Chinese Communist Party against the United States science and technology sectors, specifically employees of the United States Government, researchers, scientists, and students in the science and technology sector in the United States.”
added
Plan for Federal Bureau of Investigation to increase public awareness and detection of influence activities by the Government of the People's Republic of China—
added
Plan required— Not later than 90 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall submit to the congressional intelligence committees a plan—
added
to increase public awareness of influence activities by the Government of the People's Republic of China; and
added
to publicize mechanisms that members of the public can use—
added
to detect such activities; and
added
to report such activities to the Bureau.
added
Consultation— In carrying out paragraph (1), the Director shall consult with the following:
added
The Director of the Office of Science and Technology Policy.
added
Such other stakeholders outside the intelligence community, including professional associations, institutions of higher education, businesses, and civil rights and multicultural organizations, as the Director determines relevant.
added
Recommendations of the Federal Bureau of Investigation to strengthen relationships and build trust with communities of interest—
added
In general— The Director of the Federal Bureau of Investigation, in consultation with the Assistant Attorney General for the Civil Rights Division and the Chief Privacy and Civil Liberties Officer of the Department of Justice, shall develop recommendations to strengthen relationships with communities targeted by influence activities of the Government of the People's Republic of China and build trust with such communities through local and regional grassroots outreach.
added
Submittal to Congress— Not later than 1 year after the date of the enactment of this Act, the Director shall submit to Congress the recommendations developed under paragraph (1).
added
Technical corrections— The National Security Act of 1947 (50 U.S.C. 3001 et seq.) is amended—
added
in section 1107 (50 U.S.C. 3237)—
added
in the section heading, by striking “Communist Party of China” and inserting “Chinese Communist Party”; and
added
by striking “Communist Party of China” both places it appears and inserting “Chinese Communist Party”; and
added
in the table of contents before section 2 (50 U.S.C. 3002), by striking the item relating to section 1107 and inserting the following new item:
Sec. 9506 Annual report on corrupt activities of senior officials of the Chinese Communist Party
added
added
Definition of appropriate committees of Congress— In this section, the term appropriate committees of Congress means—
added
the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
added
the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives.
added
Annual report required—
added
In general— Not later than 90 days after the date of the enactment of this Act, and annually thereafter through 2025, the Director of the Central Intelligence Agency shall submit to the appropriate committees of Congress a report on the corruption and corrupt activities of senior officials of the Chinese Communist Party.
added
Elements—
added
In general— Each report under paragraph (1) shall include the following:
added
A description of the wealth of, and corruption and corrupt activities among, senior officials of the Chinese Communist Party.
added
A description of any recent actions of the officials described in clause (i) that could be considered a violation, or potential violation, of United States law.
added
A description and assessment of targeted financial measures, including potential targets for designation of the officials described in clause (i) for the corruption and corrupt activities described in that clause and for the actions described in clause (ii).
added
Scope of reports— The first report under paragraph (1) shall include comprehensive information on the matters described in subparagraph (A). Any succeeding report under paragraph (1) may consist of an update or supplement to the preceding report under that subsection.
added
Coordination— In preparing each report, update, or supplement under this subsection, the Director of the Central Intelligence Agency shall coordinate as follows:
added
In preparing the description required by clause (i) of paragraph (2)(A), the Director of the Central Intelligence Agency shall coordinate with the head of the Office of Intelligence and Analysis of the Department of the Treasury and the Director of the Federal Bureau of Investigation.
added
In preparing the descriptions required by clauses (ii) and (iii) of such paragraph, the Director of the Central Intelligence Agency shall coordinate with the head of the Office of Intelligence and Analysis of the Department of the Treasury.
added
Form— Each report under paragraph (1) shall include an unclassified executive summary, and may include a classified annex.
added
Sense of Congress— It is the sense of Congress that the United States should undertake every effort and pursue every opportunity to expose the corruption and illicit practices of senior officials of the Chinese Communist Party, including President Xi Jinping.
Sec. 9507 Report on corrupt activities of Russian and other Eastern European oligarchs
added
added
Definition of appropriate committees of Congress— In this section, the term appropriate committees of Congress means—
added
the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
added
the Committee on Financial Services, the Committee on Foreign Affairs, the Committee on Ways and Means, and the Permanent Select Committee on Intelligence of the House of Representatives.
added
Report required— Not later than 100 days after the date of the enactment of this Act, the Director of the Central Intelligence Agency shall submit to the appropriate committees of Congress and the Undersecretary of State for Public Diplomacy and Public Affairs a report on the corruption and corrupt activities of Russian and other Eastern European oligarchs.
added
Elements—
added
In general— Each report under subsection (b) shall include the following:
added
A description of corruption and corrupt activities among Russian and other Eastern European oligarchs who support the Government of the Russian Federation, including estimates of the total assets of such oligarchs.
added
An assessment of the impact of the corruption and corrupt activities described pursuant to subparagraph (A) on the economy and citizens of Russia.
added
A description of any connections to, or support of, organized crime, drug smuggling, or human trafficking by an oligarch covered by subparagraph (A).
added
A description of any information that reveals corruption and corrupt activities in Russia among oligarchs covered by subparagraph (A).
added
A description and assessment of potential sanctions actions that could be imposed upon oligarchs covered by subparagraph (A) who support the leadership of the Government of Russia, including President Vladimir Putin.
added
Scope of reports— The first report under subsection (a) shall include comprehensive information on the matters described in paragraph (1). Any succeeding report under subsection (a) may consist of an update or supplement to the preceding report under that subsection.
added
Coordination— In preparing each report, update, or supplement under this section, the Director of the Central Intelligence Agency shall coordinate as follows:
added
In preparing the assessment and descriptions required by subparagraphs (A) through (D) of subsection (c)(1), the Director of the Central Intelligence Agency shall coordinate with the head of the Office of Intelligence and Analysis of the Department of the Treasury and the Director of the Federal Bureau of Investigation.
added
In preparing the description and assessment required by subparagraph (E) of such subsection, the Director of the Central Intelligence Agency shall coordinate with the head of the Office of Intelligence and Analysis of the Department of the Treasury.
added
Form—
added
In general— Subject to paragraph (2), each report under subsection (b) shall include an unclassified executive summary, and may include a classified annex.
added
Unclassified form of certain information— The information described in subsection (c)(1)(D) in each report under subsection (b) shall be submitted in unclassified form.
Sec. 9508 Report on biosecurity risk and disinformation by the Chinese Communist Party and the Government of the People's Republic of China
added
added
Definitions— In this section:
added
Appropriate committees of Congress— The term appropriate committees of Congress means—
added
the Select Committee on Intelligence, the Committee on Armed Services, the Committee on Foreign Relations, the Committee on Health, Education, Labor, and Pensions, and the Committee on Homeland Security and Governmental Affairs of the Senate; and
added
the Permanent Select Committee on Intelligence, the Committee on Armed Services, the Committee on Energy and Commerce, the Committee on Foreign Affairs, and the Committee on Homeland Security of the House of Representatives.
added
Critical infrastructure— The term critical infrastructure has the meaning given such term in section 1016(e) of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)).
added
Report required— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a report identifying whether and how officials of the Chinese Communist Party and the Government of the People's Republic of China may have sought—
added
to suppress information about—
added
the outbreak of the novel coronavirus in Wuhan;
added
the spread of the virus through China; and
added
the transmission of the virus to other countries;
added
to spread disinformation relating to the pandemic; or
added
to exploit the pandemic to advance their national security interests.
added
Assessments— The report required by subsection (b) shall include assessments of reported actions and the effect of those actions on efforts to contain the novel coronavirus pandemic, including each of the following:
added
The origins of the novel coronavirus outbreak, the time and location of initial infections, and the mode and speed of early viral spread.
added
Actions taken by the Government of China to suppress, conceal, or misinform the people of China and those of other countries about the novel coronavirus outbreak in Wuhan.
added
The effect of disinformation or the failure of the Government of China to fully disclose details of the outbreak on response efforts of local governments in China and other countries.
added
Diplomatic, political, economic, intelligence, or other pressure on other countries and international organizations to conceal information about the spread of the novel coronavirus and the response of the Government of China to the contagion, as well as to influence or coerce early responses to the pandemic by other countries.
added
Efforts by officials of the Government of China to deny access to health experts and international health organizations to afflicted individuals in Wuhan, pertinent areas of the city, or laboratories of interest in China, including the Wuhan Institute of Virology.
added
Efforts by the Government of China, or those acting at its direction or with its assistance, to conduct cyber operations against international, national, or private health organizations conducting research relating to the novel coronavirus or operating in response to the pandemic.
added
Efforts to control, restrict, or manipulate relevant segments of global supply chains, particularly in the sale, trade, or provision of relevant medicines, medical supplies, or medical equipment as a result of the pandemic.
added
Efforts to advance the economic, intelligence, national security, and political objectives of the Government of China by exploiting vulnerabilities of foreign governments, economies, and companies under financial duress as a result of the pandemic or to accelerate economic espionage and intellectual property theft.
added
Efforts to exploit the disruption of the pharmaceutical and telecommunications industries as well as other industries tied to critical infrastructure and bilateral trade between China and the United States and between China and allies and partners of the United States in order to advance the economic and political objectives of the Government of China following the pandemic.
added
Form— The report required under subsection (b) shall be submitted in unclassified form, but may include a classified annex.
Sec. 9509 Report on effect of lifting of United Nations arms embargo on Islamic Republic of Iran
added
added
Definition of appropriate committees of Congress— In this section, the term appropriate committees of Congress means—
added
the Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate; and
added
the Permanent Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives.
added
Report required— Not later than 90 days after the date of the enactment of this Act, the Director of the Defense Intelligence Agency, in consultation with such heads of other elements of the intelligence community as the Director considers appropriate, shall submit to the appropriate committees of Congress a report on—
added
the plans of the Government of the Islamic Republic of Iran to acquire military arms if the ban on arms transfers to or from such government under United Nations Security Council resolutions are lifted; and
added
the effect such arms acquisitions may have on regional security and stability.
added
Contents— The report submitted under subsection (b) shall include assessments relating to plans of the Government of the Islamic Republic of Iran to acquire additional weapons, the intention of other countries to provide such weapons, and the effect such acquisition and provision would have on regional stability, including with respect to each of the following:
added
The type and quantity of weapon systems under consideration for acquisition.
added
The countries of origin of such systems.
added
Likely reactions of other countries in the region to such acquisition, including the potential for proliferation by other countries in response.
added
The threat that such acquisition could present to international commerce and energy supplies in the region, and the potential implications for the national security of the United States.
added
The threat that such acquisition could present to the Armed Forces of the United States, of countries allied with the United States, and of countries partnered with the United States stationed in or deployed in the region.
added
The potential that such acquisition could be used to deliver chemical, biological, or nuclear weapons.
added
The potential for the Government of the Islamic Republic of Iran to proliferate weapons acquired in the absence of an arms embargo to regional groups, including Shi'a militia groups backed by such government.
added
Form— The report submitted under subsection (b) shall be submitted in unclassified form, but may include a classified annex.
Sec. 9510 Report on Iranian activities relating to nuclear nonproliferation
added
added
Definition of appropriate committees of Congress— In this section, the term appropriate committees of Congress means—
added
the Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate; and
added
the Permanent Select Committee on Intelligence, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives.
added
Report required— Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a report assessing—
added
any relevant activities potentially relating to nuclear weapons research and development by the Islamic Republic of Iran; and
added
any relevant efforts to afford or deny international access in accordance with international nonproliferation agreements.
added
Assessments— The report required by subsection (b) shall include assessments, for the period beginning on January 1, 2018, and ending on the date of the submittal of the report, of the following:
added
Activities to research, develop, or enrich uranium or reprocess plutonium with the intent or capability of creating weapons-grade nuclear material.
added
Research, development, testing, or design activities that could contribute to or inform construction of a device intended to initiate or capable of initiating a nuclear explosion.
added
Efforts to receive, transmit, store, destroy, relocate, archive, or otherwise preserve research, processes, products, or enabling materials relevant or relating to any efforts assessed under paragraph (1) or (2).
added
Efforts to afford or deny international access, in accordance with international nonproliferation agreements, to locations, individuals, and materials relating to activities described in paragraph (1), (2), or (3).
added
Form— The report required under subsection (b) shall be submitted in unclassified form, but may include a classified annex.
Sec. 9511 Sense of Congress on Third Option Foundation
addedadded It is the sense of the Congress that—
added
the work of the Third Option Foundation to heal, help, and honor members of the special operations community of the Central Intelligence Agency and their families is invaluable; and
added
the Director of the Central Intelligence Agency should work closely with the Third Option Foundation in implementing section 19A of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3519b), as added by section 6412 of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (Public Law 116–92).