Division E — Additional Provisions

S. 4049 · 116th Congress · Jul 23, 2020 · Lineage

E Additional Provisions

LI Procurement

B Army Programs

Sec. 5111 Report on CH–47F Chinook Block–II upgrade

(a)

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:

(1)

An analysis of the warfighting capability currently delivered by the Block I and Block II configurations of H–47 Chinook helicopters.

(2)

An analysis of the feasibility and advisability of delaying or terminating the CH–47F Chinook Block-II upgrade.

(3)

A plan to ensure that warfighter capability is not negatively affected by the delay or termination of the CH–47F Chinook Block-II upgrade.

(b)

Form— The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

C Navy Programs

Sec. 5121 Limitation on alteration of Navy fleet mix

(a)

Sense of Congress— It is the sense of Congress that—

(1)

the United States shipbuilding and supporting vendor base constitute a national security imperative that is unique and must be protected;

(2)

a healthy and efficient industrial base continues to be a fundamental driver for achieving and sustaining a successful shipbuilding procurement strategy;

(3)

without consistent and continuous commitment to steady and predictable acquisition profiles, the industrial base will struggle and some elements may not survive; and

(4)

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.

(b)

Limitation—

(1)

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).

(2)

Certification— The certification referred to in paragraph (1) is a certification, in writing, that each of the following conditions have been satisfied:

(A)

The large surface combatant shipbuilding industrial base and supporting vendor base would not significantly deteriorate due to a reduced procurement profile.

(B)

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.

(c)

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—

(1)

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;

(2)

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

(3)

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.

LII Research, Development, Test, and Evaluation

B Program Requirements, Restrictions, and Limitations

Sec. 5211 Importance of historically Black colleges and universities and minority-serving institutions

(a)

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.

(b)

Offset— Funding in section 4101 for Other Procurement, Army, for Automated Data Processing Equipment, Line 112, is hereby reduced by $14,025,000.

C Sustainable Chemistry

Sec. 5221 National coordinating entity for sustainable chemistry

(a)

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.

(b)

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—

(1)

the Committee on Environment;

(2)

the Committee on Technology;

(3)

the Committee on Science; or

(4)

related groups or subcommittees.

(c)

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.

(d)

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.

(e)

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

(a)

Strategic plan— Not later than 2 years after the date of enactment of this title, the Entity shall—

(1)

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;

(2)

develop a working framework of attributes characterizing and metrics for assessing sustainable chemistry, as described in subsection (b);

(3)

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;

(4)

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;

(5)

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;

(6)

identify major scientific challenges, roadblocks, or hurdles to transformational progress in improving the sustainability of the chemical sciences; and

(7)

review, identify, and make effort to eliminate duplicative Federal funding and duplicative Federal research in sustainable chemistry.

(b)

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—

(1)

seek advice and input from stakeholders as described in subsection (c);

(2)

consider existing definitions of, or frameworks characterizing and metrics for assessing, sustainable chemistry already in use at Federal agencies;

(3)

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

(4)

consider any other appropriate existing definitions of, or frameworks characterizing and metrics for assessing, sustainable chemistry.

(c)

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—

(1)

business and industry (including trade associations and small- and medium-sized enterprises from across the value chain);

(2)

the scientific community (including the National Academies of Sciences, Engineering, and Medicine, scientific professional societies, national labs, and academia);

(3)

the defense community;

(4)

State, tribal, and local governments, including nonregulatory State or regional sustainable chemistry programs, as appropriate;

(5)

nongovernmental organizations; and

(6)

other appropriate organizations.

(d)

Report to congress—

(1)

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—

(A)

a summary of federally funded, sustainable chemistry research, development, demonstration, technology transfer, commercialization, education, and training activities;

(B)

a summary of the financial resources allocated to sustainable chemistry initiatives by each participating agency;

(C)

an assessment of the current state of sustainable chemistry in the United States, including the role that Federal agencies are playing in supporting it;

(D)

an analysis of the progress made toward achieving the goals and priorities of this Act, and recommendations for future program activities;

(E)

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

(F)

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.

(2)

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.

(3)

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

(a)

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.

(b)

Activities— The activities described in subsection (a) shall—

(1)

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—

(A)

merit-based competitive grants to individual investigators and teams of investigators, including, to the extent practicable, early career investigators for research and development;

(B)

grants to fund collaborative research and development partnerships among universities, industry, and nonprofit organizations;

(C)

coordination of sustainable chemistry research, development, demonstration, and technology transfer conducted at Federal laboratories and agencies;

(D)

incentive prize competitions and challenges in coordination with such existing Federal agency programs; and

(E)

grants, loans, and loan guarantees to aid in the technology transfer and commercialization of sustainable chemicals, materials, processes, and products;

(2)

collect and disseminate information on sustainable chemistry research, development, technology transfer, and commercialization, including information on accomplishments and best practices;

(3)

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—

(A)

partnerships with industry as described in section __4;

(B)

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

(C)

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);

(4)

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;

(5)

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;

(6)

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;

(7)

within each agency, develop or adapt metrics to track the outputs and outcomes of the programs supported by that agency; and

(8)

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.

(c)

Limitations— Financial support provided under this section shall—

(1)

be available only for pre-competitive activities; and

(2)

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

(a)

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—

(1)

create collaborative sustainable chemistry research, development, demonstration, technology transfer, and commercialization programs; and

(2)

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—

(A)

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

(B)

publicizing the availability of professional development courses in sustainable chemistry and recruiting professionals to pursue such courses.

(b)

Private sector participation— To be eligible for support under this section, a partnership in sustainable chemistry shall include at least one private sector organization.

(c)

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.

(d)

Prohibited use of funds— Financial support provided under this section may not be used—

(1)

to support or expand a regulatory chemical management program at an implementing agency under a State law;

(2)

to construct or renovate a building or structure; or

(3)

to promote the sale of a specific product, process, or technology, or to disparage a specific product, process, or technology.

Sec. 5225 Prioritization

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

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

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:

“(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.”

D Cyber workforce matters

Sec. 5231 Improving National Initiative for Cybersecurity Education

(a)

Program improvements generally— Subsection (a) of section 401 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7451) is amended—

(1)

in paragraph (5), by striking “; and” and inserting a semicolon;

(2)

by redesignating paragraph (6) as paragraph (10); and

(3)

by inserting after paragraph (5) the following:

“(6) supporting efforts to identify cybersecurity workforce skill gaps in public and private sectors;

“(7) facilitating Federal programs to advance cybersecurity education, training, and workforce;

“(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;

“(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”

(b)

Strategic plan— Subsection (c) of such section is amended—

(1)

by striking “The Director” and inserting the following:

“(1) In general—The Director”

(2)

by adding at the end the following:

“(2) Requirement—The strategic plan developed and implemented under paragraph (1) shall include an indication of how the Director will carry out this section.”

(c)

Cybersecurity career pathways—

(1)

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.

(2)

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—

(A)

align with employers’ cybersecurity skill needs, including proficiency level requirements, for its workforce; and

(B)

prepare an individual to be successful in entering or advancing in a cybersecurity career.

(3)

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.

(d)

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—

(1)

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

(2)

submit to Congress a report—

(A)

on the findings of the Director with respect to the assessment carried out under paragraph (1); and

(B)

with recommendations for effective methods for measuring the cybersecurity proficiency of learners.

(e)

Cybersecurity metrics— Such section is further amended by adding at the end the following:

“(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.”

(f)

Regional alliances and multistakeholder partnerships— Such section is further amended by adding at the end the following:

“(f) Regional alliances and multistakeholder partnerships

“(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.

“(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—

“(A) to identify the workforce needs of the local economy and classify such workforce in accordance with such framework;

“(B) to identify the education, training, apprenticeship, and other opportunities available in the local economy; and

“(C) to support opportunities to meet the needs of the local economy.

“(3) Financial assistance

“(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.

“(B) Amount of assistance—The aggregate amount of financial assistance awarded under subparagraph (A) per cooperative agreement shall not exceed $200,000.

“(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.

“(4) Application

“(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.

“(B) Requirements—Each application submitted under subparagraph (A) shall include the following:

“(i)

“(I) A plan to establish (or identification of, if it already exists) a multistakeholder workforce partnership that includes—

“(aa) at least one institution of higher education or nonprofit training organization; and

“(bb) at least one local employer or owner or operator of critical infrastructure.

“(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.

“(ii) A description of how the workforce partnership would identify the workforce needs of the local economy.

“(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.

“(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.

“(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.

“(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.

“(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.

“(6) Reports

“(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.

“(B) Contents—Each report submitted under subparagraph (A) by a regional alliance or partnership shall include the following:

“(i) An assessment of efforts made by the regional alliance or partnership to carry out paragraph (2).

“(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.”

(g)

Transfer of section—

(1)

Transfer— Such section is transferred to the end of title III of such Act and redesignated as section 303.

(2)

Repeal— Title IV of such Act is repealed.

(3)

Clerical— The table of contents in section 1(b) of such Act is amended—

(A)

by striking the items relating to title IV and section 401; and

(B)

by inserting after the item relating to section 302 the following:

(4)

Conforming amendments—

(A)

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)”.

(B)

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)”.

(C)

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

(a)

In general— Section 20(a) of the National Institute of Standards and Technology Act (15 U.S.C. 278g–3(a)) is amended—

(1)

in paragraph (3), by striking “; and” and inserting a semicolon;

(2)

in paragraph (4), by striking the period at the end and inserting “; and”; and

(3)

by adding at the end the following:

“(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.”

(b)

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

Section 302 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442) is amended—

(1)

in subsection (b)—

(A)

in paragraph (2), by striking “information technology” and inserting “information technology and cybersecurity”;

(B)

by amending paragraph (3) to read as follows:

“(3) prioritize the placement of scholarship recipients fulfilling the post-award employment obligation under this section to ensure that—

“(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);

“(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

“(C) not more than 20 percent of such recipients are placed in positions described in paragraphs (2) through (5) of subsection (d); and”

(C)

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”;

(2)

in subsection (d)—

(A)

in paragraph (4), by striking “or” at the end;

(B)

in paragraph (5), by striking the period at the end and inserting “; or”; and

(C)

by adding at the end the following:

“(6) as provided by subsection (b)(3)(B), a qualified institution of higher education.”

(3)

in subsection (m)—

(A)

in paragraph (1), in the matter preceding subparagraph (A), by striking “cyber” and inserting “cybersecurity”; and

(B)

in paragraph (2), by striking “cyber” and inserting “cybersecurity”.

Sec. 5234 Modifications to Federal cyber scholarship-for-service program

Section 302 of the Cybersecurity Enhancement Act of 2014 (15 U.S.C. 7442) is amended—

(1)

in subsection (f)—

(A)

in paragraph (4), by striking “; and” and inserting a semicolon; and

(B)

by striking paragraph (5) and inserting the following:

“(5) enter into an agreement accepting and acknowledging the post award employment obligations, pursuant to section (d);

“(6) accept and acknowledge the conditions of support under section (g); and

“(7) accept all terms and conditions of a scholarship under this section.”

(2)

in subsection (g)—

(A)

in paragraph (1), by inserting “the Office of Personnel Management, in coordination with the National Science Foundation, and” before “the qualified institution”;

(B)

in paragraph (2)—

(i)

in subparagraph (D), by striking “; or” and inserting a semicolon; and

(ii)

by striking subparagraph (E) and inserting the following:

“(E) fails to maintain or fulfill any of the post-graduation or post-award obligations or requirements of the individual; or

“(F) fails to fulfill the requirements of paragraph (1).”

(3)

in subsection (h)(2), by inserting “and the Director of the Office of Personnel Management” after “Foundation”;

(4)

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

(5)

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—”

(A)

“the results of the evaluation under paragraph (1); ”

(B)

“the disparity in any reporting between scholarship recipients and their respective institutions of higher education; and ”

(C)

“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

(a)

Computer science and cybersecurity education research— Section 310 of the American Innovation and Competitiveness Act (42 U.S.C. 1862s–7) is amended—

(1)

in subsection (b)—

(A)

in paragraph (1), by inserting “and cybersecurity” after “computer science”; and

(B)

in paragraph (2)—

(i)

in subparagraph (C), by striking “; and” and inserting a semicolon;

(ii)

in subparagraph (D), by striking the period at the end and inserting “; and”; and

(iii)

by adding at the end the following:

“(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.”

(2)

in subsection (c), by inserting “, cybersecurity,” after “computing”.

(b)

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”.

(c)

Low-Income scholarship program— Section 414(d) of the American Competitiveness and Workforce Improvement Act of 1998 (42 U.S.C. 1869c) is amended—

(1)

in paragraph (1), by striking “or computer science” and inserting “computer science, or cybersecurity”; and

(2)

in paragraph (2)(A)(iii), by inserting “cybersecurity,” after “computer science,”.

(d)

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).

(e)

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—

(1)

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

(2)

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

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

(a)

University transportation centers program— Section 5505 of title 49, United States Code, is amended—

(1)

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

(2)

in subsection (c)(3)(E)—

(A)

by inserting “, including the cybersecurity implications of technologies relating to connected vehicles, connected infrastructure, and autonomous vehicles” after “autonomous vehicles”; and

(B)

by striking “The Secretary” and inserting the following:

“(i)

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).

“(ii)

Focused objectives— The Secretary”.

(b)

Transportation research and development 5-Year strategic plan— Section 6503(c)(1) of title 49, United States Code, is amended—

(1)

in subparagraph (E), by striking “and” at the end;

(2)

in subparagraph (F), by inserting “and” after the semicolon at the end; and

(3)

by adding at the end the following:

“(G) reducing transportation cybersecurity risks;”

Sec. 5238 National Cybersecurity Challenges

(a)

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:

“205. National Cybersecurity Challenges

“(a) Establishment of national cybersecurity challenges

“(1) In general—To achieve high-priority breakthroughs in cybersecurity by 2028, the Secretary of Commerce shall establish the following national cybersecurity challenges:

“(A) Economics of a cyber attack—Building more resilient systems that measurably and exponentially raise adversary costs of carrying out common cyber attacks.

“(B) Cyber training

“(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.

“(ii) Developing a cybersecurity workforce with measurable skills to protect and maintain information systems.

“(C) Emerging technology—Advancing cybersecurity efforts in response to emerging technology, such as artificial intelligence, quantum science, and next generation communications technologies.

“(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.

“(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.

“(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.

“(b) Pursuit of national cybersecurity challenges

“(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).

“(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.

“(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.

“(4) Coordination—In pursuing national cybersecurity challenges under paragraph (1), the Secretary shall coordinate with the following:

“(A) The Director of the National Science Foundation.

“(B) The Secretary of Homeland Security.

“(C) The Director of the Defense Advanced Research Projects Agency.

“(D) The Director of the Office of Science and Technology Policy.

“(E) The Director of the Office of Management and Budget.

“(F) The Administrator of the General Services Administration.

“(G) The Federal Trade Commission.

“(H) The heads of such other Federal agencies as the Secretary of Commerce considers appropriate for purposes of this section.

“(5) Solicitation of acceptance of funds

“(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.

“(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.

“(c) Recommendations

“(1) In general—In carrying out this section, the Secretary of Commerce shall designate an advisory council to seek recommendations.

“(2) Elements—The recommendations required by paragraph (1) shall include the following:

“(A) A scope for efforts carried out under subsection (b).

“(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).

“(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.”

(b)

Conforming amendments— Section 201(a)(1) of such Act is amended—

(1)

in subparagraph (J), by striking “; and” and inserting a semicolon;

(2)

by redesignating subparagraph (K) as subparagraph (L); and

(3)

by inserting after subparagraph (J) the following:

“(K) implementation of section 205 through research and development on the topics identified under subsection (a) of such section; and”

(c)

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

(a)

Definitions— In this section:

(1)

Commission— The term Commission means the Federal Communications Commission.

(2)

Secretary— The term Secretary means the Secretary of Commerce.

(3)

Steering committee— The term steering committee means the steering committee established under subsection (b)(5)(A).

(4)

Working group— The term working group means the working group convened under subsection (b)(1).

(b)

Federal working group—

(1)

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).

(2)

Duties— The working group shall—

(A)

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;

(B)

consider policies or programs that encourage and improve coordination among Federal agencies that have responsibilities that are relevant to the objectives of this section;

(C)

consider any findings or recommendations made by the steering committee and, where appropriate, act to implement those recommendations;

(D)

examine—

(i)

how Federal agencies can benefit from utilizing the Internet of Things;

(ii)

the use of Internet of Things technology by Federal agencies as of the date on which the working group performs the examination;

(iii)

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

(iv)

any additional security measures that Federal agencies may need to take to—

(I)

safely and securely use the Internet of Things, including measures that ensure the security of critical infrastructure; and

(II)

enhance the resiliency of Federal systems against cyber threats to the Internet of Things; and

(E)

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.

(3)

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—

(A)

the Department of Commerce, including—

(i)

the National Telecommunications and Information Administration;

(ii)

the National Institute of Standards and Technology; and

(iii)

the National Oceanic and Atmospheric Administration;

(B)

the Department of Transportation;

(C)

the Department of Homeland Security;

(D)

the Office of Management and Budget;

(E)

the National Science Foundation;

(F)

the Commission;

(G)

the Federal Trade Commission;

(H)

the Office of Science and Technology Policy;

(I)

the Department of Energy; and

(J)

the Federal Energy Regulatory Commission.

(4)

Nongovernmental stakeholders— The working group shall consult with nongovernmental stakeholders with expertise relating to the Internet of Things, including—

(A)

the steering committee;

(B)

information and communications technology manufacturers, suppliers, service providers, and vendors;

(C)

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;

(D)

small, medium, and large businesses;

(E)

think tanks and academia;

(F)

nonprofit organizations and consumer groups;

(G)

security experts;

(H)

rural stakeholders; and

(I)

other stakeholders with relevant expertise, as determined by the Secretary.

(5)

Steering committee—

(A)

Establishment— There is established within the Department of Commerce a steering committee to advise the working group.

(B)

Duties— The steering committee shall advise the working group with respect to—

(i)

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;

(ii)

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—

(I)

smart traffic and transit technologies;

(II)

augmented logistics and supply chains;

(III)

sustainable infrastructure;

(IV)

precision agriculture;

(V)

environmental monitoring;

(VI)

public safety; and

(VII)

health care;

(iii)

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;

(iv)

policies, programs, or multi-stakeholder activities that—

(I)

promote or are related to the privacy of individuals who use or are affected by the Internet of Things;

(II)

may enhance the security of the Internet of Things, including the security of critical infrastructure;

(III)

may protect users of the Internet of Things; and

(IV)

may encourage coordination among Federal agencies with jurisdiction over the Internet of Things;

(v)

the opportunities and challenges associated with the use of Internet of Things technology by small businesses; and

(vi)

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.

(C)

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—

(i)

information and communications technology manufacturers, suppliers, service providers, and vendors;

(ii)

(iii)

small, medium, and large businesses;

(iv)

think tanks and academia;

(v)

nonprofit organizations and consumer groups;

(vi)

security experts;

(vii)

rural stakeholders; and

(viii)

other stakeholders with relevant expertise, as determined by the Secretary.

(D)

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.

(E)

Independent advice—

(i)

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).

(ii)

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.

(iii)

Report— The steering committee shall ensure that the report submitted under subparagraph (D) is the result of the independent judgment of the steering committee.

(F)

No compensation for members— A member of the steering committee shall serve without compensation.

(G)

Termination— The steering committee shall terminate on the date on which the working group submits the report under paragraph (6).

(6)

Report to Congress—

(A)

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—

(i)

the findings and recommendations of the working group with respect to the duties of the working group under paragraph (2);

(ii)

the report submitted by the steering committee under paragraph (5)(D), as the report was received by the working group;

(iii)

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

(iv)

an accounting of any progress made by Federal agencies to implement recommendations made by the working group or the steering committee.

(B)

Copy of report— The working group shall submit a copy of the report described in subparagraph (A) to—

(i)

the Committee on Commerce, Science, and Transportation and the Committee on Energy and Natural Resources of the Senate;

(ii)

the Committee on Energy and Commerce of the House of Representatives; and

(iii)

any other committee of Congress, upon request to the working group.

(c)

Assessing spectrum needs—

(1)

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.

(2)

Requirements— In issuing the notice of inquiry under paragraph (1), the Commission shall seek comments that consider and evaluate—

(A)

whether adequate spectrum is available, or is planned for allocation, for commercial wireless services that could support the growing Internet of Things;

(B)

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;

(C)

what regulatory barriers may exist to providing any needed spectrum that would support uses relating to the Internet of Things; and

(D)

what the role of unlicensed and licensed spectrum is and will be in the growth of the Internet of Things.

(3)

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).

E Plans, Reports, and Other Matters

Sec. 5241 Report on Department of Defense strategy on artificial intelligence standards

(a)

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.

(b)

Contents— The report required by subsection (a) shall include an assessment of each of the following:

(1)

The need for the Department of Defense to develop an artificial intelligence standards strategy.

(2)

Any efforts to date on the development of such a strategy.

(3)

The ways in which an artificial intelligence standards strategy will improve the national security.

(4)

How the Secretary intends to collaborate with—

(A)

the Director of the National Institute of Standards and Technology;

(B)

the Secretary of Homeland Security;

(C)

the intelligence community;

(D)

the Secretary of State;

(E)

representatives of private industry, specifically representatives of the defense industrial base; and

(F)

representatives of any other agencies, entities, organizations, or persons the Secretary considers appropriate.

Sec. 5242 Study on establishment of energetics program office

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

(a)

Definitions— In this section:

(1)

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.

(2)

Secretary— The term Secretary means the Secretary of Homeland Security.

(b)

Reports on digital content forgery technology—

(1)

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.

(2)

Contents— Each report produced under paragraph (1) shall include—

(A)

an assessment of the underlying technologies used to create or propagate digital content forgeries, including the evolution of such technologies;

(B)

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;

(C)

an assessment of how foreign governments, and the proxies and networks thereof, use, or could use, digital content forgeries to harm national security;

(D)

an assessment of how non-governmental entities in the United States use, or could use, digital content forgeries;

(E)

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;

(F)

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;

(G)

a description of the technological counter-measures that are, or could be, used to address concerns with digital content forgery technology; and

(H)

any additional information the Secretary determines appropriate.

(3)

Consultation and public hearings— In producing each report required under paragraph (1), the Secretary may—

(A)

consult with any other agency of the Federal Government that the Secretary considers necessary; and

(B)

conduct public hearings to gather, or otherwise allow interested parties an opportunity to present, information and advice relevant to the production of the report.

(4)

Form of report— Each report required under paragraph (1) shall be produced in unclassified form, but may contain a classified annex.

(5)

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”).

(6)

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

Subchapter II of chapter 53 of title 5, United States Code, is amended—

(1)

in section 5313, by inserting after the item relating to “Administrator of the Transportation Security Administration” the following:

(2)

in section 5314, by striking the item relating to “Director, Cybersecurity and Infrastructure Security Agency.”.

Sec. 5245 Agency review

(a)

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—

(1)

the missions of the Cybersecurity and Infrastructure Security Agency; and

(2)

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).

(b)

Elements of review— The review conducted under subsection (a) shall include the following elements:

(1)

An assessment of how additional budget resources could be used by the Cybersecurity and Infrastructure Security Agency for projects and programs that—

(A)

support the national risk management mission;

(B)

support public and private-sector cybersecurity;

(C)

promote public-private integration; and

(D)

provide situational awareness of cybersecurity threats.

(2)

A comprehensive force structure assessment of the Cybersecurity and Infrastructure Security Agency including—

(A)

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);

(B)

an assessment of whether existing personnel are appropriately matched to the prioritization of threats in the cyber domain and risks in critical infrastructure;

(C)

an assessment of whether the Cybersecurity and Infrastructure Security Agency has the appropriate personnel and resources to—

(i)

perform risk assessments, threat hunting, incident response to support both private and public cybersecurity;

(ii)

carry out the responsibilities of the Cybersecurity and Infrastructure Security Agency related to the security of Federal information and Federal information systems; and

(iii)

carry out the critical infrastructure responsibilities of the Cybersecurity and Infrastructure Security Agency, including national risk management; and

(D)

an assessment of whether current structure, personnel, and resources of regional field offices are sufficient in fulfilling agency responsibilities and mission requirements.

(c)

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

(a)

Review— The Administrator of the General Services Administration shall—

(1)

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

(2)

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.

(b)

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—

(1)

the President;

(2)

the Secretary of Homeland Security; and

(3)

to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives.

LIII Operation and Maintenance

C Logistics and Sustainment

Sec. 5331 Use of cost savings realized from intergovernmental services agreements for installation-support services

(a)

Requirement— Section 2679 of title 10, United States Code, is amended—

(1)

by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and

(2)

by inserting after subsection (c) the following new subsection (d):

“(d) Use of cost savings realized

“(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.

“(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.”

(b)

Effective date— The amendments made by this section shall apply with respect to fiscal year 2021 and each subsequent fiscal year.

D Reports

Sec. 5351 Report on non-permissive, global positioning system denied airfield capabilities

(a)

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.

(b)

Elements— The report required under subsection (a) shall include, at a minimum, the following:

(1)

An assessment of current air traffic control and landing systems at existing airfields and contingency airfields.

(2)

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.

(3)

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.

(4)

A list of backup systems in place or pre-positioned to be able to reconstitute operations after an attack.

E Other Matters

Sec. 5371 Increase of amounts available to Marine Corps for base operations and support

(a)

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).

(b)

Offsets—

(1)

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.

(2)

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.

(3)

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

(a)

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.

(b)

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.

LV Military Personnel Policy

C General Service Authorities

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

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:

(1)

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.

(2)

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.

F Decorations and Awards

Sec. 5551 Report on regulations and procedures to implement programs on award of medals or commendations to handlers of military working dogs

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.).

G Defense Dependents' Education and Military Family Readiness Matters

II Military Family Readiness Matters

Sec. 5571 Independent study and report on military spouse underemployment

(a)

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:

(1)

The prevalence of unemployment and underemployment among military spouses, including differences by Armed Force, region, State, education level, and income level.

(2)

The causes of unemployment and underemployment among military spouses.

(3)

The differences in unemployment and underemployment between military spouses and civilians.

(4)

Barriers to small business ownership and entrepreneurship faced by military spouses.

(b)

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.

(c)

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.

(d)

Appropriate committees of congress defined— In this section, the term appropriate committees of Congress means the following—

(1)

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

(2)

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.

H Other Matters

Sec. 5586 Questions regarding racism, anti-Semitism, and supremacism in workplace surveys administered by the Secretary of Defense

Section 593 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended—

(1)

by inserting “(a) Questions required.—” before “The Secretary”;

(2)

in paragraph (1), by inserting “, racist, anti-Semitic, or supremacist” after “extremist”; and

(3)

by adding at the end the following new subsection:

“(b) Report—Not later than March 1, 2021, the Secretary shall submit to Congress a report including—

“(1) the text of the questions included in surveys under subsection (a); and

“(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

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

(a)

Ineffectiveness of section 590— Section 590 shall have no force or effect.

(b)

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.

(c)

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—

(1)

conduct an assessment of—

(A)

existing cyber response capacities of the Army National Guard or Air National Guard, as applicable, in each State; and

(B)

any existing platform, technology, or capability of a National Guard that provides the capability described in subsection (b); and

(2)

determine whether a platform, technology, or capability described in paragraph (1)(B) is suitable for expansion for purposes of the pilot program.

(d)

Elements— A pilot program under subsection (b) shall include the following:

(1)

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.

(2)

Policies, processes, procedures, and authorities for use of such a capability, including with respect to the following:

(A)

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).

(B)

Necessary updates to the Defense Cyber Incident Coordinating Procedure, or any other applicable Department of Defense instruction, for purposes of implementing the capability.

(C)

Program management and governance structures for deployment and maintenance of the capability.

(D)

Security when performing remote support, including such in matters such as authentication and remote sensing.

(3)

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:

(A)

Participation of not fewer than two State governments and their National Guards.

(B)

Circumstances designed to test and validate the policies, processes, procedures, and authorities developed pursuant to paragraph (2).

(C)

An after action review of the exercise.

(e)

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.

(f)

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.

(g)

Construction with certain current authorities—

(1)

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.

(2)

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.

(h)

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.

(i)

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.

(j)

Reports—

(1)

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.

(2)

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:

(A)

A description of the pilot program, including any partnerships entered into by the Chief of the National Guard Bureau under the pilot program.

(B)

A summary of the assessment performed prior to the commencement of the pilot program in accordance with subsection (c).

(C)

A summary of the evaluation metrics established in accordance with subsection (h).

(D)

An assessment of the effectiveness of the pilot program, and of the capability described in subsection (b) under the pilot program.

(E)

A description of costs associated with the implementation and conduct of the pilot program.

(F)

A recommendation as to the termination or extension of the pilot program, or the making of the pilot program permanent with an expansion nationwide.

(G)

An estimate of the costs of making the pilot program permanent and expanding it nationwide in accordance with the recommendation in subparagraph (F).

(H)

Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the pilot program.

(3)

Appropriate committees of Congress defined— In this subsection, the term appropriate committees of Congress means—

(A)

the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and

(B)

the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives.

(k)

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.

LVII Health Care Provisions

A TRICARE and Other Health Care Provisions

Sec. 5707 Pilot program on receipt of non-generic prescription maintenance medications under TRICARE pharmacy benefits program

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.

B Health Care Administration

Sec. 5723 Authority of Secretary of Defense to waive requirements during national emergencies for purposes of provision of health care

Section 723 and the amendments made by that section shall have no force or effect.

C Reports and Other Matters

Sec. 5741 Study and report on surge capacity of Department of Defense to establish negative air room containment systems in military medical treatment facilities

(a)

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.

(b)

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).

LVIII Acquisition Policy, Acquisition Management, and Related Matters

A Industrial Base Matters

Sec. 5801 Report on use of domestic nonavailability determinations

Not later than September 30, 2021, and annually thereafter, the Secretary of Defense shall submit a report to congressional defense committees—

(1)

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;

(2)

providing reasoning for the use of each such waiver or exception; and

(3)

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

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—

(1)

the diversification of the supply chain;

(2)

procurement costs; and

(3)

efficient procurement processes.

Sec. 5803 Improving implementation of policy pertaining to the national technology and industrial base

Section 803(d)(2) is deemed amended as follows:

(1)

Subparagraph (A) of such section is deemed to read as follows:

“(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;”

(2)

In the stem of subparagraph (B) of such section, “costs,” is deemed to be read “impacts, costs,”.

(3)

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

Section 808 is deemed to include at the end the following:

“(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—

“(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

“(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

Notwithstanding the amendments made by section 812—

(1)

the subparagraph (A) proposed to be included in subsection (a)(2) of section 2534 of title 10, United States Code, shall not be included;

(2)

subsection (b) of such section is deemed to read as follows:

“(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.”

(3)

the amendment to subsection (h) of such section is deemed to insert the following: “subsection (a)(2)”.

C Amendments to General Contracting Authorities, Procedures, and Limitations

Sec. 5841 Waivers of certain conditions for progress payments under certain contracts during the COVID–19 national emergency

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.

E Small Business Matters

Sec. 5871 Office of Small Business and Disadvantaged Business Utilization

Section 15(k) of the Small Business Act (15 U.S.C. 644(k)) is amended, in the matter preceding paragraph (1)—

(1)

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

(2)

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

The Small Business Act (15 U.S.C. 631 et seq.) is amended—

(1)

in section 21(a) (15 U.S.C. 648(a))—

(A)

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

(B)

in paragraph (4)(C)(ix), by striking “and American Samoa” and inserting “American Samoa, and the Commonwealth of the Northern Mariana Islands”; and

(2)

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

(a)

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:

“(16) Disaster declaration in rural areas

“(A) Definitions—In this paragraph—

“(i) the term rural area means an area with a population of less than 200,000 outside an urbanized area; and

“(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.

“(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—

“(i) the Governor of the State in which the rural area is located requests such a declaration; and

“(ii) any home, small business concern, private nonprofit organization, or small agricultural cooperative has incurred significant damage in the rural area.

“(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—

“(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;

“(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

“(iii) any regulatory changes that will impact the ability of communities in rural areas to obtain disaster assistance under this subsection.”

(b)

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).

(c)

GAO report—

(1)

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.

(2)

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—

(A)

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

(B)

legislative recommendations for improving access to disaster assistance for communities in rural areas.

Sec. 5874 Temporary extension for 8(a) participants

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

The Small Business Act (15 U.S.C. 631 et seq.) is amended—

(1)

in section 8 (15 U.S.C. 637)—

(A)

in subsection (a)(1)(D)(i)(II), by striking “$5,000,000” and inserting “$7,000,000”; and

(B)

in subsection (m)—

(i)

in paragraph (7)(B)(i), by striking “$6,500,000” and inserting “$7,000,000”; and

(ii)

in paragraph (8)(B)(i), by striking “$6,500,000” and inserting “$7,000,000”;

(2)

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

(3)

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

(a)

Definitions— In this section—

(1)

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

(2)

the term Secretary means the Secretary of Defense.

(b)

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—

(1)

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;

(2)

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));

(3)

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;

(4)

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

(5)

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

Section 3(a) of the Small Business Act (15 U.S.C. 632(a)) is amended by adding at the end the following:

“(10) Nonprofit child care providers

“(A) Definition—In this paragraph, the term covered nonprofit child care provider means an organization—

“(i) that—

“(I) is in compliance with licensing requirements for child care providers of the State in which the organization is located;

“(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

“(III) is primarily engaged in providing child care for children from birth to compulsory school age;

“(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

“(iii) that may—

“(I) provide care for school-age children outside of school hours or outside of the school year; or

“(II) offer preschool or prekindergarten educational programs.

“(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—

“(i) the Administrator may make loans to small business concerns;

“(ii) the Administrator may guarantee timely payment of loans to small business concerns; or

“(iii) the recipient of a loan made or guaranteed by the Administrator may make loans to small business concerns.”

G Other Matters

Sec. 5891 Listing of other transaction authority consortia

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

(a)

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:

(1)

Section 2313.

(2)

Section 2364.

(3)

Section 2432.

(b)

Elements— The report required under subsection (a) shall include—

(1)

for each provision of law included as a note to a section listed in such subsection, a recommendation whether such provision—

(A)

should be repealed because the provision is no longer operative or is otherwise obsolete;

(B)

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

(C)

should remain as a note to such section; and

(2)

any legislative proposals appropriate to improve the intent and effect of the sections listed in such subsection.

(c)

Technical corrections—

(1)

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”.

(2)

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

Section 887 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115 –91; 22 U.S.C. 2761 note) is amended—

(1)

by redesignating subsection (c) as subsection (d); and

(2)

by inserting after subsection (b) the following new subsection:

“(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

(a)

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:

“(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.”

(b)

Additional requirements for responsibility determinations— Subparagraph (B) of such paragraph is amended—

(1)

in clause (ii), by striking “; and” and inserting a semicolon;

(2)

by redesignating clause (iii) as clause (iv); and

(3)

by inserting after clause (ii) the following new clause:

“(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”

(c)

Timelines and milestones for implementation—

(1)

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—

(A)

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;

(B)

designation of officials and organizations responsible for execution; and

(C)

interim milestones to be met in implementing the plan.

(2)

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.

LIX Department of Defense Organization and Management

D Organization and Management of Other Department of Defense Offices and Elements

Sec. 5951 Comptroller General of the United States report on vulnerabilities of the Department of Defense resulting from offshore technical support call centers

(a)

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.

(b)

Elements— The report required by subsection (a) shall include the following:

(1)

A description and assessment of the location of all offshore technical support call centers.

(2)

A description and assessment of the types of information shared by the Department with foreign nationals at offshore technical support call centers.

(3)

An assessment of the extent to which access to such information by foreign nationals creates vulnerabilities to the information technology network of the Department.

(c)

Offshore technical support call center defined— In this section, the term offshore technical support call center means a call center that—

(1)

is physically located outside the United States;

(2)

employs individuals who are foreign nationals; and

(3)

may be contacted by personnel of the Department to provide technical support relating to technology used by the Department.

LX General Provisions

A Financial Matters

Sec. 6001 Under Secretary of Defense (Comptroller) reports on improving the budget justification and related materials of the Department of Defense

(a)

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:

(1)

Modernization of covered materials, including the following:

(A)

Updating the format of such materials in order to account for significant improvements in document management and data visualization.

(B)

Expanding the scope and quality of data included in such materials.

(2)

Streamlining of the production of covered materials within the Department of Defense.

(3)

Transmission of covered materials to Congress.

(4)

Availability of adequate resources and capabilities to permit the Department to integrate changes to covered materials together with its submittal of current covered materials.

(5)

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.

(b)

Covered materials defined— In this section, the term covered materials means the following:

(1)

Materials submitted in support of the budget of the President for a fiscal year under section 1105(a) of title 31, United States Code.

(2)

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

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:

(1)

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.

(2)

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.

(3)

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

Section 3105 of title 31, United States Code, is amended by adding at the end the following:

“(f)

“(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.

“(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—

“(A) protect the privacy of the owners of applicable savings bonds;

“(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

“(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.

“(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).

“(4) For purposes of this subsection, the term applicable savings bond means a matured and unredeemed savings bond.”

E Miscellaneous Authorities and Limitations

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

(a)

Ineffectiveness of section 1046— Section 1046 shall have no force or effect.

(b)

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—

(1)

an acknowledgment by the host nation of the risk posed by the network architecture;

(2)

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;

(3)

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

(4)

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.

(c)

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.

(d)

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—

(1)

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

(2)

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.

(e)

Form— The report required by subsection (c) shall be submitted in a classified form with an unclassified summary.

Sec. 6047 Antidiscrimination

(a)

Short title— This section may be cited as the “Elijah E. Cummings Federal Employee Antidiscrimination Act of 2020”.

(b)

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—

(1)

by striking paragraph (4) and inserting the following:

“(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;”

(2)

in paragraph (5)(A)—

(A)

by striking “nor is accountability” and inserting “accountability is not”; and

(B)

by inserting “for what, by law, the agency is responsible” after “under this Act”.

(c)

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:

“(d) Notification of final agency action

“(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—

“(A) on the public internet website of the agency, in a clear and prominent location linked directly from the home page of that website;

“(B) stating that a finding of discrimination (including retaliation) has been made; and

“(C) which shall remain posted for not less than 1 year.

“(2) Events described—An event described in this paragraph is any of the following:

“(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.

“(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.

“(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).

“(3) Contents—A notification provided under paragraph (1) with respect to a finding of discrimination (including retaliation) shall—

“(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

“(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).”

(d)

Reporting requirements—

(1)

Electronic format requirement—

(A)

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)—

(i)

by inserting “Homeland Security and” before “Governmental Affairs”;

(ii)

by striking “on Government Reform” and inserting “on Oversight and Reform”;

(iii)

by inserting “any Member of Congress (upon request to the agency),” before “the Equal Employment Opportunity Commission”; and

(iv)

by inserting “(in an electronic format prescribed by the Director of the Office of Personnel Management),” after “an annual report”.

(B)

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.

(C)

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).

(2)

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:

“(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—

“(1) whether disciplinary action has been proposed against a Federal employee as a result of the violation; and

“(2) the reasons for any disciplinary action proposed under paragraph (1).”

(e)

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—

(1)

in paragraph (9)—

(A)

in subparagraph (A), by striking “and” at the end;

(B)

in subparagraph (B)(ii), by striking the period at the end and inserting “, and”; and

(C)

by adding at the end the following:

“(C) with respect to each finding described in subparagraph (A)—

“(i) the date of the finding,

“(ii) the affected Federal agency,

“(iii) the law violated, and

“(iv) whether a decision has been made regarding disciplinary action as a result of the finding.”

(2)

by adding at the end the following:

“(11) Data regarding each class action complaint filed against the agency alleging discrimination (including retaliation), including—

“(A) information regarding the date on which each complaint was filed,

“(B) a general summary of the allegations alleged in the complaint,

“(C) an estimate of the total number of plaintiffs joined in the complaint, if known,

“(D) the current status of the complaint, including whether the class has been certified, and

“(E) the case numbers for the civil actions in which discrimination (including retaliation) has been found.”

(f)

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)”.

(g)

Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 amendments—

(1)

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:

“207. Complaint tracking

“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.

“208. Notation in personnel record

“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.”

(2)

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:

“IV Processing and referral

“401. Processing and resolution of complaints

“Each Federal agency shall—

“(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

“(2) establish a model Equal Employment Opportunity Program that—

“(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);

“(B) is devoid of internal conflicts of interest and ensures fairness and inclusiveness within the agency; and

“(C) ensures the efficient and fair resolution of complaints alleging discrimination (including retaliation).

“402. No limitation on advice or counsel

“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.

“403. Head of Program supervised by head of agency

“The head of each Federal agency’s Equal Employment Opportunity Program shall report directly to the head of the agency.

“404. Referrals of findings of discrimination

“(a) EEOC findings of discrimination

“(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.

“(2) Notifications—The Commission shall—

“(A) notify the applicable Federal agency if the Commission refers a matter to the Office of Special Counsel under paragraph (1); and

“(B) with respect to a fiscal year, include in the Annual Report of the Federal Workforce of the Commission covering that fiscal year—

“(i) the number of referrals made under paragraph (1) during that fiscal year; and

“(ii) a brief summary of each referral described in clause (i).

“(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).

“(c) Notification—The Office of Special Counsel shall notify the Commission and the applicable Federal agency in a case in which—

“(1) the Office of Special Counsel pursues disciplinary action under subsection (b); and

“(2) the Federal agency imposes some form of disciplinary action against a Federal employee who commits an act of discrimination (including retaliation).

“(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.”

(3)

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—

(A)

by inserting after the item relating to section 206 the following:

(B)

by adding at the end the following:

(h)

Nondisclosure agreement limitation— Section 2302(b)(13) of title 5, United States Code, is amended—

(1)

by striking “agreement does not” and inserting the following: “agreement—

“(A) does not”

(2)

in subparagraph (A), as so designated, by inserting “or the Office of Special Counsel” after “Inspector General”; and

(3)

by adding at the end the following:

“(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”

F Studies and Reports

Sec. 6061 Maritime security and domain awareness

(a)

Progress report on maritime security—

(1)

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:

(A)

Inclusion of counter-IUU fishing in existing shiprider agreements to which the United States is a party.

(B)

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.

(C)

Inclusion of counter-IUU fishing in the mission of the Combined Maritime Forces.

(D)

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.

(E)

Development of partnerships similar to the Oceania Maritime Security Initiative and the Africa Maritime Law Enforcement Partnership in other priority regions.

(2)

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.

(b)

Assessment of service coordination on maritime domain awareness—

(1)

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.

(2)

Elements— The assessment carried out pursuant to an agreement under paragraph (1) shall—

(A)

build on the ongoing Coast Guard assessment related to autonomous vehicles;

(B)

consider appropriate commercially and academically available technological solutions; and

(C)

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.

(3)

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.

(c)

Report on use of fishing fleets by foreign governments—

(1)

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.

(2)

Element— The report required by paragraph (1) shall include the following:

(A)

An analysis of the manner in which fishing fleets are leveraged in support of the naval operations and policies of foreign countries more generally.

(B)

A consideration of—

(i)

threats posed, on a country-by-country basis, to the fishing vessels and other vessels of the United States and partner countries;

(ii)

risks to Navy and Coast Guard operations of the United States, and the naval and coast guard operations of partner countries; and

(iii)

the broader challenge to the interests of the United States and partner countries.

(3)

Form— The report required by paragraph (1) shall be in unclassified form, but may include a classified annex.

(d)

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

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:

(1)

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.

(2)

Protocol and mitigation strategies once an outbreak of a highly contagious illness occurs aboard a Navy vessel while underway.

(3)

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:

(A)

Artificial intelligence and data-driven infectious disease modeling and interventions.

(B)

Shipboard airflow management and disinfectant technologies.

(C)

Personal protective equipment, sensors, and diagnostic systems.

(D)

Minimally crewed and autonomous supply vehicles.

Sec. 6063 Study and report on the affordability of insulin

The Secretary of Health and Human Services, acting through the Assistant Secretary for Planning and Evaluation, shall—

(1)

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—

(A)

adherence to insulin prescriptions;

(B)

rates of diabetic ketoacidosis;

(C)

downstream impacts of insulin adherence, including rates of dialysis treatment and end-stage renal disease;

(D)

spending by Federal health programs on acute episodes that could have been averted by adhering to an insulin prescription; and

(E)

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

(2)

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).

G Other Matters

Sec. 6081 Modification to First Division monument

(a)

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—

(1)

Operation Desert Storm;

(2)

Operation Iraqi Freedom and New Dawn; and

(3)

Operation Enduring Freedom.

(b)

Modifications— Modifications to the First Division Monument may include construction of additional plaques and stone plinths on which to put plaques.

(c)

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.

(d)

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).

(e)

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

Section 1083 is deemed to include at the end the following:

“(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.

“(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.

“(f) Reimbursement

“(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.

“(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).

“(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.

“(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

(a)

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”.

(b)

Recognizing differences in diesel vehicle, engine, equipment, and fleet use—

(1)

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.

(2)

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—

(A)

in subparagraph (B), by striking “; and” and inserting a semicolon; and

(B)

by adding at the end the following:

“(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”

(c)

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

(a)

Short title— This section may be cited as the “Utilizing Significant Emissions with Innovative Technologies Act” or the “USE IT Act”.

(b)

Research, investigation, training, and other activities— Section 103 of the Clean Air Act (42 U.S.C. 7403) is amended—

(1)

in subsection (c)(3), in the first sentence of the matter preceding subparagraph (A), by striking “percursors” and inserting “precursors”; and

(2)

in subsection (g)—

(A)

by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and indenting appropriately;

(B)

in the undesignated matter following subparagraph (D) (as so redesignated)—

(i)

in the second sentence, by striking “The Administrator” and inserting the following:

“(5) Coordination and avoidance of duplication—The Administrator”

(ii)

in the first sentence, by striking “Nothing” and inserting the following:

“(4) Effect of subsection—Nothing”

(C)

in the matter preceding subparagraph (A) (as so redesignated)—

(i)

in the third sentence, by striking “Such program” and inserting the following:

“(3) Program inclusions—The program under this subsection”

(ii)

in the second sentence—

(I)

by inserting “States, institutions of higher education,” after “scientists,”; and

(II)

by striking “Such strategies and technologies shall be developed” and inserting the following:

“(2) Participation requirement—Such strategies and technologies described in paragraph (1) shall be developed”

(iii)

in the first sentence, by striking “In carrying out” and inserting the following:

“(1) In general—In carrying out”

(D)

by adding at the end the following:

“(6) Certain carbon dioxide activities

“(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).

“(B) Direct air capture research

“(i) Definitions—In this subparagraph:

“(I) Board—The term Board means the Direct Air Capture Technology Advisory Board established by clause (iii)(I).

“(II) Dilute—The term dilute means a concentration of less than 1 percent by volume.

“(III) Direct air capture

“(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.

“(bb) Exclusion—The term direct air capture does not include any facility, technology, or system that captures carbon dioxide—

“(AA) that is deliberately released from a naturally occurring subsurface spring; or

“(BB) using natural photosynthesis.

“(IV) Intellectual property—The term intellectual property means—

“(aa) an invention that is patentable under title 35, United States Code; and

“(bb) any patent on an invention described in item (aa).

“(ii) Technology prizes

“(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.

“(II) Duties—In carrying out this clause, the Administrator shall—

“(aa) subject to subclause (III), develop specific requirements for—

“(AA) the competition process; and

“(BB) the demonstration of performance of approved projects;

“(bb) offer financial awards for a project designed—

“(AA) to the maximum extent practicable, to capture more than 10,000 tons of carbon dioxide per year; and

“(BB) to operate in a manner that would be commercially viable in the foreseeable future (as determined by the Board); and

“(cc) to the maximum extent practicable, make financial awards to geographically diverse projects, including at least—

“(AA) 1 project in a coastal State; and

“(BB) 1 project in a rural State.

“(III) Public participation—In carrying out subclause (II)(aa), the Administrator shall—

“(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

“(bb) take into account public comments received in developing the final version of those requirements.

“(iii) Direct air capture technology advisory board

“(I) Establishment—There is established an advisory board to be known as the “Direct Air Capture Technology Advisory Board”.

“(II) Composition—The Board shall be composed of 9 members appointed by the Administrator, who shall provide expertise in—

“(aa) climate science;

“(bb) physics;

“(cc) chemistry;

“(dd) biology;

“(ee) engineering;

“(ff) economics;

“(gg) business management; and

“(hh) such other disciplines as the Administrator determines to be necessary to achieve the purposes of this subparagraph.

“(III) Term; vacancies

“(aa) Term—A member of the Board shall serve for a term of 6 years.

“(bb) Vacancies—A vacancy on the Board—

“(AA) shall not affect the powers of the Board; and

“(BB) shall be filled in the same manner as the original appointment was made.

“(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.

“(V) Meetings—The Board shall meet at the call of the Chairperson or on the request of the Administrator.

“(VI) Quorum—A majority of the members of the Board shall constitute a quorum, but a lesser number of members may hold hearings.

“(VII) Chairperson and vice chairperson—The Board shall select a Chairperson and Vice Chairperson from among the members of the Board.

“(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.

“(IX) Duties—The Board shall advise the Administrator on carrying out the duties of the Administrator under this subparagraph.

“(X) FACA—The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Board.

“(iv) Intellectual property

“(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.

“(II) Reservation of license—The United States—

“(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

“(bb) shall not, in the exercise of a license reserved under item (aa), publicly disclose proprietary information relating to the license.

“(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.

“(v) Authorization of appropriations

“(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.

“(II) Requirement—Research carried out using amounts made available under subclause (I) may not duplicate research funded by the Department of Energy.

“(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.

“(C) Carbon dioxide utilization research

“(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—

“(I) through the fixation of carbon dioxide through photosynthesis or chemosynthesis, such as through the growing of algae or bacteria;

“(II) through the chemical conversion of carbon dioxide to a material or chemical compound in which the carbon dioxide is securely stored; or

“(III) through the use of carbon dioxide for any other purpose for which a commercial market exists, as determined by the Administrator.

“(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.

“(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).

“(iv) Eligibility—To be eligible to receive technical assistance and financial assistance under clause (iii), a carbon dioxide utilization project shall—

“(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;

“(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

“(III) have existing partnerships with institutions of higher education, private companies, States, or other government entities.

“(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.

“(vi) Authorization of appropriations

“(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.

“(II) Requirement—Research carried out using amounts made available under subclause (I) may not duplicate research funded by the Department of Energy.

“(D) Deep saline formation report

“(i) Definition of deep saline formation

“(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.

“(II) Clarification—In this subparagraph, the term deep saline formation does not include oil and gas reservoirs.

“(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—

“(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;

“(II) recommendations, if any, for managing the potential risks identified under subclause (I), including potential risks unique to public land; and

“(III) recommendations, if any, for Federal legislation or other policy changes to mitigate any potential risks identified under subclause (I).

“(E) Report on carbon dioxide nonregulatory strategies and technologies

“(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—

“(I) the recipients of assistance under subparagraphs (B) and (C); and

“(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.

“(ii) Inclusions—The plan submitted under clause (i) shall include—

“(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

“(II) a description of any nonair-related environmental or energy considerations regarding the technologies.

“(F) GAO report—The Comptroller General of the United States shall submit to Congress a report that—

“(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

“(ii) examines the extent to which the Federal grant programs identified pursuant to clause (i) overlap or are duplicative.”

(c)

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—

(1)

the amount of funds used to carry out specific provisions of that section; and

(2)

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.

(d)

Inclusion of carbon capture infrastructure projects— Section 41001(6) of the FAST Act (42 U.S.C. 4370m(6)) is amended—

(1)

in subparagraph (A)—

(A)

in the matter preceding clause (i), by inserting “carbon capture,” after “manufacturing,”;

(B)

in clause (i)(III), by striking “or” at the end;

(C)

by redesignating clause (ii) as clause (iii); and

(D)

by inserting after clause (i) the following:

“(ii) is covered by a programmatic plan or environmental review developed for the primary purpose of facilitating development of carbon dioxide pipelines; or”

(2)

by adding at the end the following:

“(C) Inclusion—For purposes of subparagraph (A), construction of infrastructure for carbon capture includes construction of—

“(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

“(ii) carbon dioxide pipelines.”

(e)

Development of carbon capture, utilization, and sequestration report, permitting guidance, and regional permitting task force—

(1)

Definitions— In this subsection:

(A)

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))).

(B)

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.

(2)

Report—

(A)

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—

(i)

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—

(I)

the appropriate points of interaction with Federal agencies;

(II)

clarification of the permitting responsibilities and authorities among Federal agencies; and

(III)

best practices and templates for permitting;

(ii)

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;

(iii)

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;

(iv)

identifies gaps in the current Federal regulatory framework for the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines; and

(v)

identifies Federal financing mechanisms available to project developers.

(B)

Submission; publication— The Chair shall—

(i)

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

(ii)

as soon as practicable, make the report publicly available.

(3)

Guidance—

(A)

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—

(i)

facilitates reviews associated with the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines; and

(ii)

supports the efficient, orderly, and responsible development of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines.

(B)

Requirements—

(i)

In general— The guidance under subparagraph (A) shall address requirements under—

(I)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

(II)

the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);

(III)

the Clean Air Act (42 U.S.C. 7401 et seq.);

(IV)

the Safe Drinking Water Act (42 U.S.C. 300f et seq.);

(V)

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(VI)

division A of subtitle III of title 54, United States Code (formerly known as the “National Historic Preservation Act”);

(VII)

the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);

(VIII)

the Act of June 8, 1940 (16 U.S.C. 668 et seq.) (commonly known as the “Bald and Golden Eagle Protection Act”); and

(IX)

any other Federal law that the Chair determines to be appropriate.

(ii)

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.

(iii)

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).

(C)

Submission; publication— The Chair shall—

(i)

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

(ii)

as soon as practicable, make the guidance publicly available.

(D)

Evaluation— The Chair shall—

(i)

periodically evaluate the reports of the task forces under paragraph (4)(E) and, as necessary, revise the guidance under subparagraph (A); and

(ii)

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).

(4)

Task force—

(A)

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—

(i)

to identify permitting and other challenges and successes that permitting authorities and project developers and operators face; and

(ii)

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.

(B)

Members and selection—

(i)

In general— The Chair shall—

(I)

develop criteria for the selection of members to each task force; and

(II)

select members for each task force in accordance with subclause (I) and clause (ii).

(ii)

Members— Each task force—

(I)

shall include not less than 1 representative of each of—

(aa)

the Environmental Protection Agency;

(bb)

the Department of Energy;

(cc)

the Department of the Interior;

(dd)

any other Federal agency the Chair determines to be appropriate;

(ee)

any State that requests participation in the geographical area covered by the task force;

(ff)

developers or operators of carbon capture, utilization, and sequestration projects or carbon dioxide pipelines; and

(gg)

nongovernmental membership organizations, the primary mission of which concerns protection of the environment; and

(II)

at the request of a Tribal or local government, may include a representative of—

(aa)

not less than 1 local government in the geographical area covered by the task force; and

(bb)

not less than 1 Tribal government in the geographical area covered by the task force.

(C)

Meetings—

(i)

In general— Each task force shall meet not less than twice each year.

(ii)

Joint meeting— To the maximum extent practicable, the task forces shall meet collectively not less than once each year.

(D)

Duties— Each task force shall—

(i)

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—

(I)

avoid duplicative reviews;

(II)

engage stakeholders early in the permitting process; and

(III)

make the permitting process efficient, orderly, and responsible;

(ii)

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;

(iii)

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);

(iv)

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;

(v)

identify any priority carbon dioxide pipelines needed to enable efficient, orderly, and responsible development of carbon capture, utilization, and sequestration projects at increased scale;

(vi)

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;

(vii)

identify Federal and State financing mechanisms available to project developers; and

(viii)

develop recommendations for relevant Federal agencies on how to develop and research technologies that—

(I)

can capture carbon dioxide; and

(II)

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)).

(E)

Report— Each year, each task force shall prepare and submit to the Chair and to the other task forces a report that includes—

(i)

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

(ii)

any other nationally relevant information that the task force has collected in carrying out the duties under subparagraph (D).

(F)

Evaluation— Not later than 5 years after the date of enactment of this Act, the Chair shall—

(i)

reevaluate the need for the task forces; and

(ii)

submit to Congress a recommendation as to whether the task forces should continue.

Sec. 6085 Legal assistance for veterans and surviving spouses and dependents

(a)

Availability of legal assistance at facilities of Department of Veterans Affairs—

(1)

In general— Chapter 59 of title 38, United States Code, is amended by adding at the end the following new section:

“5906. Availability of legal assistance at Department facilities

“(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.

“(b) Eligible individuals—For purposes of this section, an eligible individual is—

“(1) any veteran;

“(2) any surviving spouse; or

“(3) any child of a veteran who has died.

“(c) Pro bono legal assistance described—The pro bono legal assistance described in this subsection is the following:

“(1) Legal assistance with any program administered by the Secretary.

“(2) Legal assistance associated with—

“(A) improving the status of a military discharge or characterization of service in the Armed Forces, including through a discharge review board; or

“(B) seeking a review of a military record before a board of correction for military or naval records.

“(3) Such other legal assistance as the Secretary—

“(A) considers appropriate; and

“(B) determines may be needed by eligible individuals.

“(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:

“(1) A veterans service organization or other nonprofit organization.

“(2) A legal assistance clinic associated with an accredited law school.

“(3) A legal services organization.

“(4) A bar association.

“(5) Such other attorneys and entities as the Secretary considers appropriate.

“(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.

“(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.”

(2)

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:

(b)

Pilot program to establish and support legal assistance clinics—

(1)

Pilot program required—

(A)

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.

(B)

Rule of construction— Nothing in subparagraph (A) shall be construed to limit or affect—

(i)

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

(ii)

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.

(2)

Eligible entities— For purposes of the pilot program, an eligible entity is—

(A)

a veterans service organization or other nonprofit organization specifically focused on assisting veterans;

(B)

an entity specifically focused on assisting veterans and associated with an accredited law school;

(C)

a legal services organization or bar association; or

(D)

such other type of entity as the Secretary considers appropriate for purposes of the pilot program.

(3)

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.

(4)

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.

(5)

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.

(6)

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:

(A)

Capacity of the applicant entity to serve veterans and ability of the entity to provide sound legal advice.

(B)

Demonstrated need of the veteran population the applicant entity would serve.

(C)

Demonstrated need of the applicant entity for assistance from the grants.

(D)

Geographic diversity of applicant entities.

(E)

Such other criteria as the Secretary considers appropriate.

(7)

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.

(c)

Review of pro bono eligibility of Federal workers—

(1)

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.

(2)

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.

(3)

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—

(A)

the findings of the Secretary with respect to the review conducted under paragraph (1); and

(B)

the recommendations developed by the Secretary under paragraph (2).

(d)

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.

(e)

Definitions— In this section:

(1)

Appropriate committees of Congress— The term appropriate committees of Congress means—

(A)

the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and

(B)

the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives.

(2)

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

(a)

Findings— Congress finds the following:

(1)

Congress is committed to honoring the sacrifices of wounded and ill members of the Armed Forces.

(2)

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.

(3)

The sacrifices made by members of the Armed Forces and veterans on behalf of the United States should never be forgotten.

(4)

May 1 is an appropriate date to designate as “Silver Star Service Banner Day”.

(b)

Designation—

(1)

In general— Chapter 1 of title 36, United States Code, is amended by adding at the end the following:

“146. Silver Star Service Banner Day

“(a) Designation—May 1 is Silver Star Service Banner Day.

“(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.”

(2)

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

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:

“(3) Established Program to Stimulate Competitive Research

“(A) Definitions—In this paragraph:

“(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).

“(ii) EPSCoR—The term EPSCoR means the Established Program to Stimulate Competitive Research operated under subparagraph (B).

“(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).

“(iv) State—The term State means—

“(I) a State;

“(II) the District of Columbia;

“(III) the Commonwealth of Puerto Rico;

“(IV) Guam; and

“(V) the United States Virgin Islands.

“(B) Program operation—The Secretary shall operate an Established Program to Stimulate Competitive Research.

“(C) Objectives—The objectives of EPSCoR shall be—

“(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;

“(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

“(iii) to increase the probability of long-term growth of competitive funding to eligible jurisdictions.

“(D) Eligible jurisdictions

“(i) In general—The Secretary may establish criteria for determining whether a State is eligible for a grant under this paragraph.

“(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—

“(I) historically has received relatively little Federal research and development funding; and

“(II) has demonstrated a commitment—

“(aa) to develop the research bases in the State; and

“(bb) to improve science and engineering research and education programs at institutions of higher education in the State.

“(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.

“(E) Grants in areas of applied energy research, environmental management, and basic science

“(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—

“(I) energy efficiency, fossil energy, renewable energy, and other applied energy research;

“(II) electricity delivery research;

“(III) cybersecurity, energy security, and emergency response;

“(IV) environmental management; and

“(V) basic science research.

“(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—

“(I) to support research that is carried out in partnership with the National Laboratories;

“(II) to provide for graduate traineeships;

“(III) to support research by early career faculty; and

“(IV) to improve research capabilities through biennial research implementation grants.

“(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.

“(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).

“(G) Program implementation

“(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.

“(ii) Contents of plan—The plan described in clause (i) shall include a description of—

“(I) the management structure of EPSCoR, which shall ensure that all research areas and activities described in this paragraph are incorporated into EPSCoR;

“(II) efforts to conduct outreach to inform eligible jurisdictions and faculty of changes to, and opportunities under, EPSCoR;

“(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

“(IV) any other issues relating to EPSCoR that the Secretary determines appropriate.

“(H) Program evaluation

“(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—

“(I) the tangible progress made towards achieving the objectives described in subparagraph (C);

“(II) the impact of research supported by EPSCoR on the mission of the Department of Energy; and

“(III) any other issues relating to EPSCoR that the Secretary determines appropriate.

“(ii) Limitation—The organization with which the Secretary contracts under clause (i) shall not be a National Laboratory.

“(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

(a)

In general— Section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659) is amended—

(1)

in subsection (a)—

(A)

in paragraph (5), by striking “and” at the end;

(B)

by redesignating paragraph (6) as paragraph (7); and

(C)

by inserting after paragraph (5) the following:

“(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”

(2)

in subsection (c)—

(A)

in paragraph (10), by striking “and” at the end;

(B)

in paragraph (11), by striking the period at the end and inserting “; and”; and

(C)

by adding at the end the following:

“(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).”

(3)

by adding at the end the following:

“(o) Subpoena authority

“(1) Definition—In this subsection, the term covered device or system—

“(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

“(B) does not include personal devices and systems, such as consumer mobile devices, home computers, residential wireless routers, or residential internet enabled consumer devices.

“(2) Authority

“(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).

“(B) Limit on information—A subpoena issued under the authority under subparagraph (A) may seek information—

“(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

“(ii) for not more than 20 covered devices or systems.

“(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).

“(3) Coordination

“(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.

“(B) Contents—The inter-agency procedures developed under this paragraph shall provide that a subpoena issued by the Director under this subsection shall be—

“(i) issued in order to carry out a function described in subsection (c)(12); and

“(ii) subject to the limitations under this subsection.

“(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.

“(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.

“(6) Authentication

“(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.

“(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.

“(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—

“(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—

“(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;

“(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;

“(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

“(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;

“(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);

“(C) the retention and destruction of nonpublic information obtained through a subpoena issued under this subsection, including—

“(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

“(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;

“(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;

“(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

“(F) the information to be provided to an entity at risk at the time of the notice of the vulnerability, which shall include—

“(i) a discussion or statement that responding to, or subsequent engagement with, the Agency, is voluntary; and

“(ii) to the extent practicable, information regarding the process through which the Director identifies security vulnerabilities.

“(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.

“(9) Review of procedures—Not later than 1 year after the date of enactment of this subsection, the Privacy Officer of the Agency shall—

“(A) review the procedures developed by the Director under paragraph (7) to ensure that—

“(i) the procedures are consistent with fair information practices; and

“(ii) the operations of the Agency comply with the procedures; and

“(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.

“(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—

“(A) the purpose for subpoenas issued under this subsection;

“(B) the subpoena process;

“(C) the criteria for the critical infrastructure security risk assessment conducted prior to issuing a subpoena;

“(D) policies and procedures on retention and sharing of data obtained by subpoena;

“(E) guidelines on how entities contacted by the Director may respond to notice of a subpoena; and

“(F) the procedures and policies of the Agency developed under paragraph (7).

“(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—

“(A) a discussion of—

“(i) the effectiveness of the use of subpoenas to mitigate critical infrastructure security vulnerabilities;

“(ii) the critical infrastructure security risk assessment process conducted for subpoenas issued under this subsection;

“(iii) the number of subpoenas issued under this subsection by the Director during the preceding year;

“(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

“(v) the number of entities notified by the Director under this subsection, and their response, during the previous year; and

“(B) for each subpoena issued under this subsection—

“(i) the source of the security vulnerability detected, identified, or received by the Director;

“(ii) the steps taken to identify the entity at risk prior to issuing the subpoena; and

“(iii) a description of the outcome of the subpoena, including discussion on the resolution or mitigation of the critical infrastructure security vulnerability.

“(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).

“(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).”

(b)

Rules of construction—

(1)

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.

(2)

Private entities— Nothing in this section or the amendments made by this section shall be construed to require any private entity—

(A)

toto request assistance from the Secretary; or

(B)

that requested such assistance from the Secretary to implement any measure or recommendation suggested by the Secretary.

Sec. 6089 Thad Cochran headquarters building

(a)

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”.

(b)

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

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

Section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) is amended—

(1)

in subsection (a), by inserting “or other designated heads of Federal agencies” after “The Secretary of State”; and

(2)

in subsection (e)(2), by striking “Department of State” and inserting “Federal Government”.

H Industries of the Future

Sec. 6094A Short title

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

(a)

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.

(b)

Contents— The report submitted under subsection (a) shall include the following:

(1)

A definition, for purposes of this Act, of the term “industries of the future” that includes emerging technologies.

(2)

An assessment of the current baseline of investments in civilian research and development investments of the Federal Government in the industries of the future.

(3)

A plan to double such baseline investments in artificial intelligence and quantum information science by fiscal year 2022.

(4)

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.

(5)

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.

(6)

Proposed legislation to implement such plans.

Sec. 6094C Industries of the Future Coordination Council

(a)

Establishment—

(1)

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.

(2)

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”).

(b)

Membership—

(1)

Composition— The Council shall be composed of members from the Federal Government as follows:

(A)

One member appointed by the Director.

(B)

A chairperson of the Select Committee on Artificial Intelligence of the National Science and Technology Council.

(C)

A chairperson of the Subcommittee on Advanced Manufacturing of the National Science and Technology Council.

(D)

A chairperson of the Subcommittee on Quantum Information Science of the National Science and Technology Council.

(E)

Such other members as the President considers appropriate.

(2)

Chairperson— The member appointed to the Council under paragraph (1)(A) shall serve as the chairperson of the Council.

(c)

Duties— The duties of the Council are as follows:

(1)

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:

(A)

Investments required in fundamental research and development, infrastructure, and workforce development of the United States workers who will support the industries of the future.

(B)

Actions necessary to create and further develop the workforce that will support the industries of the future.

(C)

Actions required to leverage the strength of the research and development ecosystem of the United States, which includes academia, industry, and nonprofit organizations.

(D)

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.

(2)

To provide the Director with advice on matters relevant to the report required by section 6092B.

(d)

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.

(e)

Sunset— The Council shall terminate on the date that is 6 years after the date of the enactment of this Act.

I READI Act

Sec. 6096 Short title

This subtitle may be cited as the “Reliable Emergency Alert Distribution Improvement Act of 2020” or “READI Act”.

Sec. 6096A Definitions

In this subtitle—

(1)

the term Administrator means the Administrator of the Federal Emergency Management Agency;

(2)

the term Commission means the Federal Communications Commission;

(3)

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

(4)

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

(a)

Amendment— Section 602(b)(2)(E) of the Warning, Alert, and Response Network Act (47 U.S.C. 1201(b)(2)(E)) is amended—

(1)

by striking the second and third sentences; and

(2)

by striking “other than an alert issued by the President.” and inserting the following:

“(i) the President; or

“(ii) the Administrator of the Federal Emergency Management Agency.”

(b)

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

(a)

Definitions— In this section—

(1)

the term SECC means a State Emergency Communications Committee;

(2)

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

(3)

the term State EAS Plan means a State Emergency Alert System Plan.

(b)

State Emergency Communications Committee— Not later than 180 days after the date of enactment of this Act, the Commission shall adopt regulations that—

(1)

encourage the chief executive of each State—

(A)

to establish an SECC if the State does not have an SECC; or

(B)

if the State has an SECC, to review the composition and governance of the SECC;

(2)

provide that—

(A)

each SECC, not less frequently than annually, shall—

(i)

meet to review and update its State EAS Plan;

(ii)

certify to the Commission that the SECC has met as required under clause (i); and

(iii)

submit to the Commission an updated State EAS Plan; and

(B)

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—

(i)

approve or disapprove the updated State EAS Plan; and

(ii)

notify the chief executive of the State of the Commission's findings; and

(3)

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).

(c)

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

(a)

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—

(1)

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;

(2)

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—

(A)

the initiation, or prohibition on the initiation, of alerts by a single authorized or unauthorized individual;

(B)

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

(C)

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;

(3)

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;

(4)

the annual training and recertification of emergency management personnel on requirements for originating and transmitting an alert through the public alert and warning system;

(5)

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;

(6)

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;

(7)

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

(8)

any other procedure the Administrator considers appropriate for maintaining the integrity of and providing for public confidence in the public alert and warning system.

(b)

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).

(c)

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—

(1)

appropriate personnel from Federal agencies, including the National Institute of Standards and Technology, the Federal Emergency Management Agency, and the Commission;

(2)

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;

(3)

representatives of federally recognized Indian Tribes and national Indian organizations;

(4)

communications service providers;

(5)

vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the provision of communications services;

(6)

third-party service bureaus;

(7)

the national organization representing the licensees and permittees of noncommercial broadcast television stations;

(8)

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;

(9)

educators from the Emergency Management Institute; and

(10)

other individuals with technical expertise as the Administrator determines appropriate.

(d)

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).

(e)

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

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

(a)

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—

(1)

the President;

(2)

the Administrator; or

(3)

any other entity under specified circumstances as determined by the Commission, in consultation with the Administrator.

(b)

Scope of rulemaking— Subsection (a)—

(1)

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

(2)

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

(a)

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.

(b)

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—

(1)

the Committee on Commerce, Science, and Transportation of the Senate; and

(2)

the Committee on Energy and Commerce of the House of Representatives.

LXII Matters Relating to Foreign Nations

B Matters Relating to Afghanistan and Pakistan

Sec. 6211 Congressional oversight of United States talks with Taliban officials and Afghanistan’s comprehensive peace process

(a)

Definitions— In this section:

(1)

Appropriate congressional committees— The term appropriate congressional committees means—

(A)

the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and

(B)

the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives.

(2)

Government of Afghanistan— The term Government of Afghanistan means the Government of the Islamic Republic of Afghanistan and its agencies, instrumentalities, and controlled entities.

(3)

The Taliban— The term the Taliban—

(A)

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

(B)

includes subordinate organizations, such as the Haqqani Network, and any successor organization.

(4)

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.

(b)

Oversight of peace process and other agreements—

(1)

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.

(2)

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.

(3)

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.

(c)

Report and briefing on verification and compliance—

(1)

In general—

(A)

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.

(B)

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.

(2)

Elements— The report and briefing required under paragraph (1) shall include—

(A)

an assessment—

(i)

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

(ii)

whether the United States intelligence community has collected any intelligence indicating the Taliban does not intend to uphold its commitments;

(B)

an assessment of Taliban actions against terrorist threats to United States national security interests;

(C)

an assessment of whether Taliban officials have made a complete, transparent, public, and verifiable breaking of all ties with al-Qaeda;

(D)

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;

(E)

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;

(F)

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;

(G)

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;

(H)

an assessment of intra-Afghan discussions, political reconciliation, and progress towards a political roadmap that seeks to serve all Afghans;

(I)

an assessment of the viability of any intra-Afghan governing agreement;

(J)

an assessment as to whether the terms of any reduction in violence or ceasefire are being met by all sides in the conflict;

(K)

a detailed overview of any United States and NATO presence remaining in Afghanistan and any planned changes to such force posture;

(L)

an assessment of the status of human rights, including the rights of women, minorities, and youth;

(M)

an assessment of the access of women, minorities, and youth to education, justice, and economic opportunities in Afghanistan;

(N)

an assessment of the status of the rule of law and governance structures at the central, provincial, and district levels of government;

(O)

an assessment of the media and of the press and civil society’s operating space in Afghanistan;

(P)

an assessment of illicit narcotics production in Afghanistan, its linkages to terrorism, corruption, and instability, and policies to counter illicit narcotics flows;

(Q)

an assessment of corruption in Government of Afghanistan institutions at the district, provincial, and central levels of government;

(R)

an assessment of the number of Taliban and Afghan prisoners and any plans for the release of such prisoners from either side;

(S)

an assessment of any malign Iranian, Chinese, and Russian influence in Afghanistan;

(T)

an assessment of how other regional actors, such as Pakistan, are engaging with Afghanistan;

(U)

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;

(V)

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;

(W)

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—

(i)

a breakdown of resources provided by the Government of Afghanistan towards these efforts; and

(ii)

a summary of assistance provided by the United States Government to support these efforts; and

(X)

an overview of civilian casualties caused by the Taliban, non-government armed groups, and Afghan National Defense and Security Forces, including—

(i)

an estimate of the number of destroyed or severely damaged civilian structures;

(ii)

a description of steps taken by the Government of Afghanistan to minimize civilian casualties and other harm to civilians and civilian infrastructure;

(iii)

an assessment of the Government of Afghanistan’s capacity and mechanisms for investigating reports of civilian casualties; and

(iv)

an assessment of the Government of Afghanistan’s efforts to hold local militias accountable for civilian casualties.

(3)

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.

(4)

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.

(d)

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.

(e)

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.

D Matters Relating to Europe and the Russian Federation

Sec. 6231 Clarification and expansion of sanctions relating to construction of Nord Stream 2 or TurkStream pipeline projects

(a)

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—

(1)

in subparagraph (A), by inserting “or pipe-laying activities” after “pipe-laying”; and

(2)

in subparagraph (B)—

(A)

in clause (i)—

(i)

by inserting “, or facilitated selling, leasing, or providing,” after “provided”; and

(ii)

by striking “; or” and inserting a semicolon;

(B)

in clause (ii), by striking the period at the end and inserting a semicolon; and

(C)

by adding at the end the following:

“(iii) provided underwriting services or insurance or reinsurance for those vessels;

“(iv) provided services or facilities for technology upgrades or installation of welding equipment for, or retrofitting or tethering of, those vessels; or

“(v) provided services for the testing, inspection, or certification necessary for, or associated with the operation of, the Nord Stream 2 pipeline.”

(b)

Definitions— Subsection (i) of such section is amended—

(1)

by redesignating paragraph (5) as paragraph (6); and

(2)

by inserting after paragraph (4) the following:

“(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

(a)

Ineffectiveness of section 1235— Section 1235 shall have no force or effect.

(b)

Findings— Congress makes the following findings:

(1)

On August 24, 1991, Ukraine became a free and independent country after declaring its independence from the Soviet Union.

(2)

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.

(3)

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.

(4)

The North Atlantic Treaty Organization and Ukraine have continuously deepened their cooperation through the establishment of—

(A)

the North Atlantic Treaty Organization-Ukraine Charter on a Distinctive Partnership and the North Atlantic Treaty Organization-Ukraine Commission in 1997;

(B)

the North Atlantic Treaty Organization-Ukraine Joint Working Group on Defense Reform in 1998; and

(C)

the North Atlantic Treaty Organization-Ukraine Action Plan in 2002.

(5)

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.”.

(6)

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.

(7)

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.

(8)

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.

(9)

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.

(10)

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.

(11)

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”.

(12)

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.

(13)

On September 1, 2017, the Ukraine-European Union Association Agreement entered into force.

(14)

On April 21, 2019, the new president of Ukraine, Volodymyr Zelenskyy—

(A)

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

(B)

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.

(15)

In January 2020, the Government of Ukraine requested that the North Atlantic Treaty Organization grant Ukraine the status of an Enhanced Opportunities Partner.

(16)

Since Ukraine’s Revolution of Dignity and in recognition of the United States-Ukraine strategic partnership, the United States has—

(A)

provided Ukraine with more than $1,600,000,000 in security assistance, including critical defense items;

(B)

collaborated closely with the military forces of Ukraine; and

(C)

imposed strong sanctions on the Russian Federation in response to continued Russian Federation aggression in Ukraine.

(17)

On June 12, 2020, the North Atlantic Treaty Organization welcomed Ukraine into the Enhanced Opportunities Partnership program, joining Australia, Finland, Sweden, Georgia, and Jordan.

(c)

Sense of Senate— It is the sense of the Senate that the Senate—

(1)

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;

(2)

affirms the unwavering commitment of the United States to—

(A)

supporting the continued efforts of Ukraine to implement democratic and free market reforms;

(B)

restoring the territorial integrity of Ukraine; and

(C)

providing additional lethal and nonlethal security assistance to strengthen the defense capabilities of Ukraine and to deter further Russian Federation aggression;

(3)

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

(4)

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.

E Matters Relating to the Indo-Pacific Region

Sec. 6251 Pilot program to improve cyber cooperation with Vietnam, Thailand, and Indonesia

(a)

In general— The Secretary of Defense, in consultation with the Secretary of State, may establish a pilot program in Vietnam, Thailand, and Indonesia—

(1)

to enhance the cyber security, resilience, and readiness of Vietnam, Thailand, and Indonesia; and

(2)

to increase regional cooperation between the United States and Vietnam, Thailand, and Indonesia on cyber issues.

(b)

Elements— The activities of the pilot program under subsection (a) shall include the following:

(1)

Provision of training to cybersecurity and computer science professionals in Vietnam, Thailand, and Indonesia.

(2)

An expansion of the capacity of organizations involved in the training of such cybersecurity and computer science professionals.

(3)

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.

(4)

An evaluation of legal and other barriers to reforms relevant to cybersecurity and technology in Vietnam, Thailand, and Indonesia.

(5)

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.

(6)

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.

(c)

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).

(d)

Reports—

(1)

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).

(2)

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—

(A)

a description of the activities conducted and the results of such activities; and

(B)

an assessment of legal and other barriers to reforms relevant to cybersecurity and technology in Vietnam, Thailand, and Indonesia.

(e)

Authorization of appropriations— There is authorized to be appropriated $5,000,000 for fiscal year 2021 to carry out this section.

(f)

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.

(g)

Appropriate committees of Congress defined— In this section, the term appropriate committees of Congress means—

(1)

the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and

(2)

the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

F Reports

Sec. 6273 Report on risk to personnel, equipment, and operations due to Huawei 5G architecture in host countries

Section 1273 shall have no force or effect.

G Other Matters

Sec. 6281 Comparative studies on defense budget transparency of the People's Republic of China, the Russian Federation, and the United States

(a)

Studies required—

(1)

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.

(2)

Independent study—

(A)

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.

(B)

Federally funded research and development center— Not fewer than one entity described in subparagraph (A) shall be a federally funded research and development center.

(b)

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.

(c)

Elements— Each study required by subsection (a) shall do the following:

(1)

Develop consistent functional categories for spending, including—

(A)

defense-related research and development;

(B)

weapons procurement;

(C)

operations and maintenance; and

(D)

pay and benefits.

(2)

Consider the effects of purchasing power parity and market exchange rates, particularly on nontraded goods.

(3)

Consider differences in the relative prices of goods and labor within each subject country.

(4)

Compare the costs of labor and benefits for the defense workforce of each subject country.

(5)

Account for discrepancies in the manner in which each subject country accounts for certain functional types of defense-related spending.

(6)

Explicitly estimate the magnitude of omitted spending from official defense budget information.

(7)

Evaluate the adequacy of the United Nations database on military expenditures.

(8)

Exclude spending related to veterans’ benefits.

(d)

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.

(e)

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

Section 1286 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note) is amended—

(1)

by redesignating subsection (f) as subsection (g); and

(2)

by adding after subsection (e) the following new subsection (f):

“(f) Designation of academic liaison

“(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.

“(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.

“(3) Duties—The duties of the academic liaison designated under paragraph (1) shall be as follows:

“(A) To serve as the liaison of the Department with the academic community.

“(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.

“(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.

“(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.

“(E) Any other related responsibility, as determined by the Secretary in consultation with the Under Secretary of Defense for Research and Engineering.

“(F) Any other duty, as determined by the Secretary.”

Sec. 6283 Sense of Senate on United States-Israel cooperation on precision-guided munitions

It is the sense of the Senate that—

(1)

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;

(2)

to the extent practicable, the Secretary of Defense should take further measures to expedite deliveries of precision-guided munitions to Israel; and

(3)

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—

(A)

promoting a more efficient use of defense resources by taking advantage of economies of scale;

(B)

enabling the United States and Israel to address crisis requirements for precision-guided munitions in a timely and flexible manner; and

(C)

encouraging the defense industrial base to maintain routine production lines of precision-guided munitions.

Sec. 6284 Blocking deadly fentanyl imports

(a)

Short title— This section may be cited as the “Blocking Deadly Fentanyl Imports Act”.

(b)

Definitions— Section 481(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291(e)) is amended—

(1)

in paragraph (2)—

(A)

in the matter preceding subparagraph (A), by striking “in which”;

(B)

in subparagraph (A), by inserting “in which” before “1,000”;

(C)

in subparagraph (B)—

(i)

by inserting “in which” before “1,000”; and

(ii)

by striking “or” at the end;

(D)

in subparagraph (C)—

(i)

by inserting “in which” before “5,000”; and

(ii)

by inserting “or” after the semicolon; and

(E)

by adding at the end the following:

“(D) that is a significant source of illicit synthetic opioids significantly affecting the United States;”

(2)

in paragraph (4)—

(A)

in subparagraph (C), by striking “and” at the end;

(B)

in subparagraph (D), by adding “and” at the end; and

(C)

by adding at the end the following:

“(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));

“(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

“(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).”

(c)

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:

“(9) A separate section that contains the following:

“(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.

“(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.

“(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;

“(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

“(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.”

(d)

Withholding of bilateral and multilateral assistance—

(1)

In general— Section 490(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291j(a)) is amended—

(A)

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

(B)

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)”.

(2)

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—

(A)

in the matter preceding subparagraph (A), by striking “also”;

(B)

in subparagraph (A)(ii), by striking “and” at the end;

(C)

by redesignating subparagraph (B) as subparagraph (D);

(D)

by inserting after subparagraph (A) the following:

“(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;”

(E)

in subparagraph (D), as redesignated, by striking “so designated” and inserting “designated under subparagraph (A), (B), or (C)”.

(3)

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:

“(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));”

(4)

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)”.

(5)

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—

(A)

by redesignating subparagraph (C) as subparagraph (F);

(B)

by inserting after subparagraph (B) the following:

“(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.

“(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.

“(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”

(C)

in subparagraph (F), as redesignated, by striking “section clause (i) or (ii) of” and inserting “clause (i) or (ii) of section”.

(e)

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

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”.

H United States-Israel Security Assistance

Sec. 6290 Short title

This subtitle may be cited as the “United States-Israel Security Assistance Authorization Act of 2020”.

Sec. 6290A Definition

In this subtitle, the term appropriate congressional committees means—

(1)

the Committee on Foreign Relations of the Senate;

(2)

the Committee on Armed Services of the Senate;

(3)

the Committee on Foreign Affairs of the House of Representatives; and

(4)

the Committee on Armed Services of the House of Representatives.

1 Security assistance for Israel

Sec. 6291 Findings

Congress makes the following findings:

(1)

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.

(2)

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.

(3)

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

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

Section 513(c) of the Security Assistance Act of 2000 (Public Law 106–280; 114 Stat. 856) is amended—

(1)

in paragraph (1), by striking “2002 and 2003” and inserting “2021, 2022, 2023, 2024, 2025, 2026, 2027, and 2028”;

(2)

in paragraph (2), by striking “equal to—” and all that follows and inserting “not less than $3,300,000,000.”; and

(3)

by amending paragraph (3) to read as follows:

“(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

(a)

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”.

(b)

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

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”—

(1)

in the matter preceding the first proviso, by striking “September 30, 2023” and inserting “September 30, 2025”; and

(2)

in the second proviso, by striking “September 30, 2023” and inserting “September 30, 2025”.

Sec. 6296 Transfer of precision guided munitions to Israel

(a)

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.).

(b)

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—

(1)

does not affect the ability of the United States to maintain a sufficient supply of precision guided munitions;

(2)

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;

(3)

is necessary for Israel to counter the threat of rockets in a timely fashion; and

(4)

is in the national security interest of the United States.

Sec. 6297 Sense of Congress on rapid acquisition and deployment procedures

It is the sense of Congress that the President should—

(1)

prescribe procedures for the rapid acquisition and deployment of precision guided munitions for United States counterterrorism missions; or

(2)

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

(a)

Findings— Congress finds the following:

(1)

Israel has adopted high standards in the field of weapons export controls.

(2)

Israel has declared its unilateral adherence to the Missile Technology Control Regime, the Australia Group, and the Nuclear Suppliers Group.

(3)

Israel is a party to—

(A)

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”);

(B)

the Convention on the Physical Protection of Nuclear Material, signed at Vienna and New York March 3, 1980; and

(C)

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.

(4)

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.

(b)

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).

2 Enhanced United States-Israel cooperation

Sec. 6299 United States Agency for International Development memoranda of understanding to enhance cooperation with Israel

(a)

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.

(b)

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.

(c)

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

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:

“(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—

“(1) establishing public-private partnerships;

“(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;

“(3) seed or transition-to-scale funding;

“(4) clear and appropriate branding and marking of United States funded assistance, in accordance with section 641; and

“(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.

“(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

(a)

Sense of Congress— It is the sense of Congress that—

(1)

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

(2)

projects referred to in paragraph (1) should—

(A)

contribute to development and the quality of life in the Middle East region through the application of research and advanced technology; and

(B)

contribute to Arab-Israeli cooperation by establishing strong working relationships that last beyond the life of such projects.

(b)

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.

(c)

Project requirements— Each project carried out under the program established pursuant to subsection (b)—

(1)

shall include the participation of at least 1 entity from Israel and 1 entity from another regional partner; and

(2)

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

It is the sense of Congress that—

(1)

the United States-Israel economic partnership—

(A)

has achieved great tangible and intangible benefits to both countries; and

(B)

is a foundational component of the strong alliance;

(2)

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

(3)

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

(a)

Authority—

(1)

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.

(2)

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—

(A)

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

(B)

a certification that the memorandum of agreement referred to in subparagraph (A)—

(i)

requires sharing of costs of projects, including in-kind support, between the United States and Israel;

(ii)

establishes a framework to negotiate the rights to any intellectual property developed under the memorandum of agreement; and

(iii)

requires the United States Government to receive semiannual reports on expenditure of funds, if any, by the Government of Israel, including—

(I)

a description of what the funds have been used for and when funds were expended; and

(II)

the identification of entities that expended such funds.

(b)

Support in connection with activities—

(1)

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.

(2)

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.

(3)

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—

(A)

an amount not less than the amount of support to be so provided; or

(B)

an amount that otherwise meets the best efforts of Israel, as mutually agreed to by the United States and Israel.

(c)

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

(a)

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.

(b)

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

(a)

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

(b)

Development of health technologies—

(1)

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.

(2)

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.

(3)

Restrictions on funding— Amounts appropriated pursuant to paragraph (1) are subject to a matching contribution from the Government of Israel.

(4)

Option for establishing new program— Amounts appropriated pursuant to paragraph (1) may be expended for a bilateral program with the Government of Israel that—

(A)

is in existence on the day before the date of the enactment of this Act for the purposes described in paragraph (1); or

(B)

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).

(c)

Coordinator of United States–Israel research and development—

(1)

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”).

(2)

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.

(d)

Office of Global Policy and Strategy of the Food and Drug Administration—

(1)

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.

(2)

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—

(A)

the Committee on Foreign Relations of the Senate;

(B)

the Committee on Health, Education, Labor, and Pensions of the Senate;

(C)

the Committee on Foreign Affairs of the House of Representatives; and

(D)

the Committee on Energy and Commerce of the House of Representatives.

(e)

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)).

(f)

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)).

(g)

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:

“(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.”

(h)

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.

(i)

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.

(j)

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—

(1)

the Committee on Foreign Relations of the Senate;

(2)

the Committee on Energy and Natural Resources of the Senate;

(3)

the Committee on Foreign Affairs of the House of Representatives; and

(4)

the Committee on Natural Resources of the House of Representatives.

(k)

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.

LXVI Strategic Programs, Cyber, and Intelligence Matters

B Cyberspace Related Matters

Sec. 6611 Report on use of encryption by Department of Defense national security systems

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

(a)

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.

(b)

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.

(c)

Contents of guidance— At a minimum, the guidance required by subsection (a) shall—

(1)

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;

(2)

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;

(3)

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

(4)

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.

(d)

Report—

(1)

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).

(2)

Contents— At a minimum, the report submitted under paragraph (1) shall address the following:

(A)

The objectives of the guidance and the manner in which the guidance seeks to achieve those objectives.

(B)

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—

(i)

hiring time;

(ii)

the use of direct hiring authority;

(iii)

the use of subject matter experts; and

(iv)

the quality of new hires, as assessed by hiring managers and organizational leaders.

Sec. 6613 Cybersecurity State Coordinator Act

(a)

Short title— This section may be cited as the “Cybersecurity State Coordinator Act of 2020”.

(b)

Cybersecurity State Coordinator—

(1)

In general— Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is amended—

(A)

in section 2202(c) (6 U.S.C. 652(c))—

(i)

in paragraph (10), by striking “and” at the end;

(ii)

by redesignating paragraph (11) as paragraph (12); and

(iii)

by inserting after paragraph (10) the following:

“(11) appoint a Cybersecurity State Coordinator in each State, as described in section 2215; and”

(B)

by adding at the end the following:

“2215. Cybersecurity State Coordinator

“(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.

“(b) Duties—The duties of a Cybersecurity State Coordinator appointed under subsection (a) shall include—

“(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;

“(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;

“(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;

“(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;

“(5) supporting training, exercises, and planning for continuity of operations to expedite recovery from cybersecurity incidents, including ransomware;

“(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;

“(7) assisting non-Federal entities in developing and coordinating vulnerability disclosure programs consistent with Federal and information security industry standards; and

“(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.

“(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.”

(2)

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)—

(A)

not later than 1 year after the date of enactment of this Act; and

(B)

not later than 2 years after providing the first briefing under this paragraph.

(3)

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.

(4)

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

(a)

Short title— This section may be cited as the “Cybersecurity Advisory Committee Authorization Act of 2020”.

(b)

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:

“2216. Cybersecurity Advisory Committee

“(a) Establishment—The Secretary shall establish within the Agency a Cybersecurity Advisory Committee (referred to in this section as the “Advisory Committee”).

“(b) Duties

“(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.

“(2) Recommendations

“(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.

“(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.

“(3) Periodic reports—The Advisory Committee shall periodically submit to the Director—

“(A) reports on matters identified by the Director; and

“(B) reports on other matters identified by a majority of the members of the Advisory Committee.

“(4) Annual report

“(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.

“(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.

“(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—

“(A) with respect to any recommendation with which the Director concurs, an action plan to implement the recommendation; and

“(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.

“(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.

“(7) Governance rules—The Director shall establish rules for the structure and governance of the Advisory Committee and all subcommittees established under subsection (d).

“(c) Membership

“(1) Appointment

“(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.

“(B) Composition—The membership of the Advisory Committee shall consist of not more than 35 individuals.

“(C) Representation

“(i) In general—The membership of the Advisory Committee shall—

“(I) consist of subject matter experts;

“(II) be geographically balanced; and

“(III) include representatives of State, local, and Tribal governments and of a broad range of industries, which may include the following:

“(aa) Defense.

“(bb) Education.

“(cc) Financial services and insurance.

“(dd) Healthcare.

“(ee) Manufacturing.

“(ff) Media and entertainment.

“(gg) Chemicals.

“(hh) Retail.

“(ii) Transportation.

“(jj) Energy.

“(kk) Information Technology.

“(ll) Communications.

“(mm) Other relevant fields identified by the Director.

“(ii) Prohibition—Not less than 1 member nor more than 3 members may represent any 1 category under clause (i)(III).

“(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.

“(2) Term of office

“(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.

“(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.

“(C) Reappointment—A member of the Advisory Committee may be reappointed for an unlimited number of terms.

“(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.

“(4) Meetings

“(A) In general—The Director shall require the Advisory Committee to meet not less frequently than semiannually, and may convene additional meetings as necessary.

“(B) Public meetings—At least one of the meetings referred to in subparagraph (A) shall be open to the public.

“(C) Attendance—The Advisory Committee shall maintain a record of the persons present at each meeting.

“(5) Member access to classified information

“(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.

“(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.

“(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.

“(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.

“(6) Chairperson—The Advisory Committee shall select, from among the members of the Advisory Committee—

“(A) a member to serve as chairperson of the Advisory Committee; and

“(B) a member to serve as chairperson of each subcommittee of the Advisory Committee established under subsection (d).

“(d) Subcommittees

“(1) In general—The Director shall establish subcommittees within the Advisory Committee to address cybersecurity issues, which may include the following:

“(A) Information exchange.

“(B) Critical infrastructure.

“(C) Risk management.

“(D) Public and private partnerships.

“(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.

“(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.”

(c)

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

(a)

Sense of Congress— It is the sense of Congress that—

(1)

the United States continues to face critical shortages in the national cybersecurity workforce;

(2)

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;

(3)

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.

(b)

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:

“(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—

“(i) overseeing K–12 cybersecurity education and awareness related programs at the agency;

“(ii) leading efforts to develop, attract, and retain the cybersecurity workforce necessary for the cybersecurity related missions of the Department;

“(iii) encouraging and building cybersecurity awareness and competency across the United States; and

“(iv) carrying out cybersecurity related workforce development activities, including through—

“(I) increasing the pipeline of future cybersecurity professionals through programs focused on K–12, higher education, and non-traditional students; and

“(II) building awareness of and competency in cybersecurity across the civilian Federal government workforce.”

(c)

Education, training, and capacity development— Section 2202(c) of the Homeland Security Act of 2002 (6 U.S.C. 652(c)) is amended—

(1)

by redesignating paragraph (11) as paragraph (12);

(2)

in paragraph (10), by striking “and” at the end; and

(3)

by inserting after paragraph (10) the following:

“(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”

(d)

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:

“2217. Cybersecurity Education and Training Programs

“(a) Establishment

“(1) In general—The Cybersecurity Education and Training Assistance Program (referred to in this section as “CETAP”) is established within the Agency.

“(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—

“(A) providing foundational cybersecurity awareness and literacy;

“(B) encouraging cybersecurity career exploration; and

“(C) supporting the teaching of cybersecurity skills at the K–12 levels.

“(b) Requirements—In carrying out CETAP, the Director shall—

“(1) ensure that the program—

“(A) creates and disseminates K–12 cybersecurity-focused curricula and career awareness materials;

“(B) conducts professional development sessions for teachers;

“(C) develops resources for the teaching of K–12 cybersecurity-focused curricula;

“(D) provides direct student engagement opportunities through camps and other programming;

“(E) engages with local and State education authorities to promote awareness of the program and ensure that offerings align with State and local standards;

“(F) integrates with existing post-secondary education and workforce development programs at the Department;

“(G) establishes and maintains national standards for K–12 cyber education;

“(H) partners with cybersecurity and education stakeholder groups to expand outreach; and

“(I) any other activity the Director determines necessary to meet the purpose described in subsection (a)(2); and

“(2) enable the deployment of CETAP nationwide, with special consideration for underserved populations or communities.

“(c) Briefings

“(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.

“(2) Contents—Each briefing conducted under paragraph (1) shall include—

“(A) estimated figures on the number of students reached and teachers engaged;

“(B) information on community outreach and State engagement efforts;

“(C) information on new curricula offerings and teacher training platforms; and

“(D) information on coordination with post-secondary education and workforce development programs at the Department.

“(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.”

(e)

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:

C Nuclear Forces

Sec. 6651 Report on electromagnetic pulse hardening of ground-based strategic deterrent weapons system

(a)

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.

(b)

Elements— The report required by subsection (a) shall include a description of the following:

(1)

The testing protocols the ground-based strategic deterrent program will use for electromagnetic pulse testing.

(2)

How requirements for electromagnetic pulse hardness will be integrated into the ground-based strategic deterrent program.

(3)

Plans for electromagnetic pulse verification tests of the ground-based strategic deterrent weapons system.

(4)

Plans for electromagnetic pulse testing of nonmissile components of the ground-based strategic deterrent weapons system.

(5)

Plans to sustain electromagnetic pulse qualification of the ground-based strategic deterrent weapons system.

LXVII Nuclear Energy Leadership

Sec. 6701 Advanced nuclear reactor research and development goals

(a)

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:

“959A. Advanced nuclear reactor research and development goals

“(a) Definitions—In this section:

“(1) Advanced nuclear reactor—The term advanced nuclear reactor means—

“(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—

“(i) additional inherent safety features;

“(ii) lower waste yields;

“(iii) improved fuel performance;

“(iv) increased tolerance to loss of fuel cooling;

“(v) enhanced reliability;

“(vi) increased proliferation resistance;

“(vii) increased thermal efficiency;

“(viii) reduced consumption of cooling water;

“(ix) the ability to integrate into electric applications and nonelectric applications;

“(x) modular sizes to allow for deployment that corresponds with the demand for electricity; or

“(xi) operational flexibility to respond to changes in demand for electricity and to complement integration with intermittent renewable energy; and

“(B) a fusion reactor.

“(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.

“(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—

“(1) demonstrating different advanced nuclear reactor technologies that could be used by the private sector to produce—

“(A) emission-free power at a levelized cost of electricity of $60 per megawatt-hour or less;

“(B) heat for community heating, industrial purposes, or synthetic fuel production;

“(C) remote or off-grid energy supply; or

“(D) backup or mission-critical power supplies;

“(2) developing subgoals for nuclear energy research programs that would accomplish the goals of the demonstration projects carried out under subsection (c);

“(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

“(4) facilitating the access of the private sector—

“(A) to Federal research facilities and personnel; and

“(B) to the results of research relating to civil nuclear technology funded by the Federal Government.

“(c) Demonstration projects

“(1) In general—The Secretary shall, to the maximum extent practicable—

“(A) enter into agreements to complete not fewer than 2 demonstration projects by not later than December 31, 2025; and

“(B) establish a program to enter into agreements to complete 1 additional operational demonstration project by not later than December 31, 2035.

“(2) Requirements—In carrying out demonstration projects under paragraph (1), the Secretary shall—

“(A) include diversity in designs for the advanced nuclear reactors demonstrated under this section, including designs using various—

“(i) primary coolants;

“(ii) fuel types and compositions; and

“(iii) neutron spectra;

“(B) seek to ensure that—

“(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;

“(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—

“(I) the technology readiness level of a proposed advanced nuclear reactor technology;

“(II) the technical abilities and qualifications of teams desiring to demonstrate a proposed advanced nuclear reactor technology; and

“(III) the capacity to meet cost-share requirements of the Department;

“(C) ensure that each evaluation of candidate technologies for the demonstration projects is completed through an external review of proposed designs, which review shall—

“(i) be conducted by a panel that includes not fewer than 1 representative of each of—

“(I) an electric utility; and

“(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;

“(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

“(iii) not be required for a demonstration project that receives no financial assistance from the Department for construction costs;

“(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;

“(E) work with private sector partners to identify potential sites, including Department-owned sites, for demonstrations, as appropriate;

“(F) align specific activities carried out under demonstration projects carried out under this subsection with priorities identified through direct consultations between—

“(i) the Department;

“(ii) National Laboratories;

“(iii) institutions of higher education;

“(iv) traditional end-users (such as electric utilities);

“(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

“(vi) developers of advanced nuclear reactor technology; and

“(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.

“(3) Additional requirements—In carrying out demonstration projects under paragraph (1), the Secretary shall—

“(A) identify candidate technologies that—

“(i) are not developed sufficiently for demonstration within the initial required timeframe described in paragraph (1)(A); but

“(ii) could be demonstrated within the timeframe described in paragraph (1)(B);

“(B) identify technical challenges to the candidate technologies identified in subparagraph (A);

“(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—

“(i) subparagraph (B); and

“(ii) the research and development activities under sections 952 and 958;

“(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—

“(i) private-sector advanced nuclear reactor technology developers;

“(ii) technical experts with respect to the relevant technologies at institutions of higher education; and

“(iii) technical experts at the National Laboratories.

“(d) Goals

“(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).

“(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.

“(3) Requirements—In developing the goals under paragraph (1), the Secretary shall ensure that—

“(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;

“(B) research programs designed to meet the goals emphasize—

“(i) resolving materials challenges relating to extreme environments, including extremely high levels of—

“(I) radiation fluence;

“(II) temperature;

“(III) pressure; and

“(IV) corrosion; and

“(ii) qualification of advanced fuels;

“(C) activities are carried out that address near-term challenges in modeling and simulation to enable accelerated design and licensing;

“(D) related technologies, such as technologies to manage, reduce, or reuse nuclear waste, are developed;

“(E) nuclear research infrastructure is maintained or constructed, such as—

“(i) currently operational research reactors at the National Laboratories and institutions of higher education;

“(ii) hot cell research facilities;

“(iii) a versatile fast neutron source; and

“(iv) a molten salt testing facility;

“(F) basic knowledge of non-light water coolant physics and chemistry is improved;

“(G) advanced sensors and control systems are developed; and

“(H) advanced manufacturing and advanced construction techniques and materials are investigated to reduce the cost of advanced nuclear reactors.”

(b)

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—

(1)

in the item relating to section 917, by striking “Efficiency”;

(2)

in the items relating to each of sections 957, 958, and 959 by inserting “Sec.” before the item number; and

(3)

by inserting after the item relating to section 959 the following:

Sec. 6702 Nuclear energy strategic plan

(a)

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:

“959B. Nuclear energy strategic plan

“(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.

“(b) Requirements

“(1) Components—The strategic plan under this section shall designate—

“(A) programs that support the planned accomplishment of—

“(i) the goals established under section 959A; and

“(ii) the demonstration programs identified under subsection (c) of that section; and

“(B) programs that—

“(i) do not support the planned accomplishment of demonstration programs, or the goals, referred to in subparagraph (A); but

“(ii) are important to the mission of the Office of Nuclear Energy, as determined by the Secretary.

“(2) Program planning—In developing the strategic plan under this section, the Secretary shall specify expected timelines for, as applicable—

“(A) the accomplishment of relevant objectives under current programs of the Department; or

“(B) the commencement of new programs to accomplish those objectives.

“(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.”

(b)

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

Section 955(c)(1) of the Energy Policy Act of 2005 (42 U.S.C. 16275(c)(1)) is amended—

(1)

in the paragraph heading, by striking “Mission need” and inserting “Authorization”; and

(2)

in subparagraph (A), by striking “determine the mission need” and inserting “provide”.

Sec. 6704 Advanced nuclear fuel security program

(a)

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:

“960. Advanced nuclear fuel security program

“(a) Definitions—In this section:

“(1) HALEU transportation package—The term HALEU transportation package means a transportation package that is suitable for transporting high-assay, low-enriched uranium.

“(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.

“(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.

“(b) High-Assay, low-Enriched uranium program for advanced reactors

“(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.

“(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.

“(3) Quantity—In carrying out the program under this subsection, the Secretary shall make available—

“(A) by December 31, 2022, high-assay, low-enriched uranium containing not less than 2 metric tons of the uranium-235 isotope; and

“(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).

“(4) Factors for consideration—In carrying out the program under this subsection, the Secretary shall take into consideration—

“(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—

“(i) fuel that—

“(I) directly meets the needs of an end-user; but

“(II) has been previously used or fabricated for another purpose;

“(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

“(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

“(B) requirements to support molybdenum-99 production under the American Medical Isotopes Production Act of 2012 (Public Law 112–239; 126 Stat. 2211).

“(5) Limitations

“(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.

“(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.

“(6) Sunset—The program under this subsection shall terminate on the earlier of—

“(A) January 1, 2035; and

“(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.

“(c) Report

“(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—

“(A) under the program under subsection (b); or

“(B) otherwise to enable the commercial use of high-assay, low-enriched uranium.

“(2) Coordination and stakeholder input—In developing the report under this subsection, the Secretary shall seek input from—

“(A) the Nuclear Regulatory Commission;

“(B) the National Laboratories;

“(C) institutions of higher education;

“(D) producers of medical isotopes;

“(E) a diverse group of entities operating in the nuclear energy industry; and

“(F) a diverse group of technology developers.

“(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.

“(4) Required evaluations—The report under this subsection shall evaluate—

“(A) the costs and actions required to establish and carry out the program under subsection (b), including with respect to—

“(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

“(ii) the potential to coordinate with purchasers, transfer recipients, and lessees regarding—

“(I) fuel fabrication; and

“(II) fuel transport;

“(B) the potential sources and fuel forms available to provide uranium for the program under subsection (b);

“(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);

“(D) the ability of the domestic uranium market to provide materials for advanced nuclear reactor fuel; and

“(E) any associated legal, regulatory, and policy issues that should be addressed to enable—

“(i) the program under subsection (b); and

“(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—

“(I) the Department;

“(II) the Department of Defense; and

“(III) the National Nuclear Security Administration.

“(d) HALEU transportation package research program

“(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.

“(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—

“(A) enrichment facilities;

“(B) fuel processing facilities;

“(C) fuel fabrication facilities; and

“(D) nuclear reactors.”

(b)

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

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:

“313. University Nuclear Leadership Program

“(a) Definitions—In this section:

“(1) Advanced nuclear reactor—The term advanced nuclear reactor means—

“(i) additional inherent safety features;

“(ii) lower waste yields;

“(iii) improved fuel performance;

“(iv) increased tolerance to loss of fuel cooling;

“(v) enhanced reliability;

“(vi) increased proliferation resistance;

“(vii) increased thermal efficiency;

“(viii) reduced consumption of cooling water;

“(ix) the ability to integrate into electric applications and nonelectric applications;

“(x) modular sizes to allow for deployment that corresponds with the demand for electricity; or

“(xi) operational flexibility to respond to changes in demand for electricity and to complement integration with intermittent renewable energy; and

“(B) a fusion reactor.

“(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)).

“(3) Program—The term Program means the University Nuclear Leadership Program established under subsection (b).

“(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”.

“(c) Use of funds

“(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.

“(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.

“(d) Authorization of appropriations—There are authorized to be appropriated to carry out the Program for fiscal year 2021 and each fiscal year thereafter—

“(1) $30,000,000 to the Secretary of Energy; and

“(2) $15,000,000 to the Nuclear Regulatory Commission.”

Sec. 6706 Adjusting strategic petroleum reserve mandated drawdowns

(a)

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—

(1)

by striking paragraph (6);

(2)

by redesignating paragraphs (7) and (8) as paragraphs (6) and (7), respectively; and

(3)

in paragraph (7) (as so redesignated), by striking “10,000,000” and inserting “20,000,000”.

(b)

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—

(1)

in subparagraph (B)—

(A)

by striking “16,000,000” and inserting “11,000,000”; and

(B)

by striking “2023” and inserting “2022”; and

(2)

in subparagraph (C), by striking “25,000,000” and inserting “30,000,000”.

(c)

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.”

(d)

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:

“(A) 7,500,000 barrels of crude oil during fiscal year 2022;

“(B) 7,500,000 barrels of crude oil during fiscal year 2024;

“(C) 15,000,000 barrels of crude oil during fiscal year 2025;

“(D) 30,000,000 barrels of crude oil during fiscal year 2029; and

“(E) 40,000,000 barrels of crude oil during fiscal year 2030.”

(e)

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”.

LXXVIII Military Construction and General Provisions

A Military Construction Program

Sec. 7801 Modification to authority for military construction projects for child development centers at military installations

Section 2809(b) of the National Defense Authorization Act for Fiscal Year 2020 is amended—

(1)

in paragraph (1), by inserting “and annually thereafter,” after “this Act,”; and

(2)

in paragraph (2)—

(A)

in subparagraph (A), by striking “the report” and inserting “a report”; and

(B)

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

Subsection (e) of section 2802 is deemed to read as follows:

“(e) Funding

“(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).

“(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.

“(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.”

B Military Family Housing

Sec. 7821 Inclusion of assessment of performance metrics in annual publication on use of incentive fees for privatized military housing projects

(a)

In general— Section 2891c of title 10, United States Code, is amended—

(1)

by striking the section heading and inserting the following: “Transparency regarding finances and performance metrics”;

(2)

in subsection (b)—

(A)

in the subsection heading, by inserting “performance metrics and” before “use of incentive fees”;

(B)

in paragraph (1), by striking “publicly accessible website, information” and inserting “publicly accessible website—

“(A) for each contract for the provision or management of housing units—

“(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—

“(I) resident satisfaction;

“(II) maintenance management;

“(III) project safety; and

“(IV) financial management; and

“(ii) a detailed description of each indicator assessed under subparagraph (A), including an indication of—

“(I) the limitations of available survey data;

“(II) how resident satisfaction and maintenance management is calculated; and

“(III) whether data is missing; and

“(B) information”

(C)

in paragraph (2), by striking “paragraph (1)” and inserting “paragraph (1)(B)”.

(b)

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:

D Land Conveyances

Sec. 7861 Establishment of interagency committees on joint use of certain land withdrawn from appropriation under public land laws

(a)

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:

“(5) Intergovernmental executive committee

“(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).

“(B) Memorandum of understanding—The memorandum of understanding entered into under subparagraph (A) shall include—

“(i) a description of the officials and other individuals to be invited to participate as members in the executive committee under subparagraph (C);

“(ii) a description of the duties of the Chairperson and Vice Chairperson of the executive committee; and

“(iii) subject to subparagraphs (D) and (E), a procedure for—

“(I) creating a forum to carry out the purpose described in subparagraph (A);

“(II) rotating the Chairperson of the executive committee; and

“(III) scheduling regular meetings of the executive committee.

“(C) Membership—The executive committee shall be comprised of—

“(i) 1 representative of the Nevada Department of Wildlife;

“(ii) 1 representative of the Nevada Department of Conservation and Natural Resources;

“(iii) 1 county commissioner from each of Churchill, Lyon, Nye, Mineral, and Pershing Counties, Nevada;

“(iv) 1 representative of each Indian tribe in the vicinity of the land described in paragraph (2); and

“(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.

“(D) Chairperson and Vice Chairperson—The members of the executive committee shall elect from among the members—

“(i) 1 member to serve as Chairperson of the executive committee; and

“(ii) 1 member to serve as Vice Chairperson of the executive committee.

“(E) Meetings

“(i) Frequency—The executive committee shall meet not less frequently than 3 times each calendar year.

“(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.

“(iii) Public accessibility—The meetings of the executive committee shall—

“(I) be open to the public; and

“(II) serve as a forum for the public to provide comments regarding the natural and cultural resources of the land described in paragraph (2).

“(F) Conditions and terms

“(i) In general—Each member of the executive committee shall serve voluntarily and without compensation.

“(ii) Term of appointment

“(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.

“(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—

“(aa) ½ to serve for a term of 4 years; and

“(bb) ½ to serve for a term of 2 years.

“(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—

“(I) the term of the member has expired;

“(II) the member has resigned; or

“(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.

“(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.”

(b)

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—

(1)

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:

“(G) Interagency committee

“(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.

“(ii) Membership—The interagency committee shall include only the following members:

“(I) Representatives from the United States Fish and Wildlife Service.

“(II) Representatives from the Department of the Air Force.

“(III) The Project Leader of the Desert National Wildlife Refuge Complex.

“(IV) The Commander of the Nevada Test and Training Range, Nellis Air Force Base.

“(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.”

(2)

Intergovernmental executive committee— Such section is further amended by adding at the end the following new subparagraph:

“(H) Intergovernmental executive committee

“(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.

“(ii) Purpose—The executive committee shall be established for the purposes of—

“(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

“(II) discussing and making recommendations to the interagency committee established under subparagraph (G) with respect to public access needs and requirements.

“(iii) Composition—The executive committee shall comprise the following members:

“(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.

“(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.

“(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.

“(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.

“(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.

“(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.

“(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).

“(v) Procedures—Subject to clauses (vi) and (vii), the memorandum of understanding under clause (i) shall establish procedures for—

“(I) creating a forum for carrying out the purpose described in clause (ii);

“(II) rotating the Chairperson of the executive committee; and

“(III) scheduling regular meetings.

“(vi) Chairperson and Vice Chairperson

“(I) In general—The members of the executive committee shall elect from among the members—

“(aa) 1 member to serve as the Chairperson of the executive committee; and

“(bb) 1 member to serve as the Vice Chairperson of the executive committee.

“(II) Duties—The duties of each of the Chairperson and the Vice Chairperson shall be included in the memorandum of understanding under clause (i).

“(vii) Meetings

“(I) Frequency—The executive committee shall meet not less frequently than 3 times each calendar year.

“(II) Meeting locations—Locations of meetings of the executive committee shall rotate to facilitate ease of access for all executive committee members.

“(III) Public accessibility—Meetings of the executive committee shall—

“(aa) be open to the public; and

“(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.

“(viii) Conditions and terms of appointment

“(I) In general—Each member of the executive committee shall serve voluntarily and without compensation.

“(II) Term of appointment

“(aa) In general—Each member of the executive committee shall be appointed for a term of 4 years.

“(bb) Original members—Notwithstanding item (aa), the Secretary of the Interior and the Secretary of the Air Force shall select—

“(AA) ½ of the original members of the executive committee to serve for a term of 4 years; and

“(BB) ½ of the original members of the executive committee to serve for a term of 2 years.

“(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—

“(aa) the term of the member has expired;

“(bb) the member has resigned; or

“(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.

“(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

(a)

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.

(b)

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.

(c)

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.

(d)

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—

(1)

the Senate has determined it is in the best interest of the community and the Air Force to extend the lease at no cost;

(2)

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;

(3)

the current sports complex reduces force protection vulnerability now that the sports complex is located outside the fence line of the installation; and

(4)

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.

E Other Matters

Sec. 7881 Sense of Congress on relocation of Joint Spectrum Center

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.

LXXXI Department of Energy National Security Programs

F Other Matters

Sec. 8159 Extension and expansion of limitations on importation of uranium from Russian Federation

Section 3158 and the amendments made by that section shall have no force or effect.

Lineage

Jul 23, 2020viewing Engrossed in Senate See what changed
Jun 23, 2020 Reported in Senate Mr. Inhofe, from the Committee on Armed Services, reported the following original bill; which was read twice and placed on the calendar