Division H — Other Matters

116th Congress · Approved Jan 1, 2021 · 134 Stat. 3388

DIVISION H Other Matters

TITLE XC Homeland Security Matters

SEC. 9001. Department of Homeland Security Cisa Director.

(a)

In General.— Subsection (b) of section 2202 of the Homeland Security Act of 2002 (6 U.S.C. 652) is amended by—

(1)

redesignating paragraph (2) as paragraph (3); and

(2)

inserting after paragraph (1) the following new paragraph:

“(2) Qualifications.—

“(A) In general.—The Director shall be appointed from among individuals who have—

“(i) extensive knowledge in at least two of the areas specified in subparagraph (B); and

“(ii) not fewer than five years of demonstrated experience in efforts to foster coordination and collaboration between the Federal Government, the private sector, and other entities on issues related to cybersecurity, infrastructure security, or security risk management.

“(B) Specified areas.—The areas specified in this subparagraph are the following:

“(i) Cybersecurity.

“(ii) Infrastructure security.

“(iii) Security risk management.”

(b)

Amendment to Position Level of CISA Director.— Subchapter II of chapter 53 of title 5, United States Code, is amended—

(1)

in section 5313, by inserting after “ Administrator of the Transportation Security Administration.” the following: “Director, Cybersecurity and Infrastructure Security Agency.”; and

(2)

in section 5314, by striking “ Director, Cybersecurity and Infrastructure Security Agency.”.

(c)

Executive Assistant Director for Cybersecurity.—

(1)

In general.— Section 2203 of the Homeland Security Act of 2002 (6 U.S.C. 653) is amended—

(A)

in subsection (a)—

(i)

in paragraph (2)—

(I)

in the heading, by striking “ Assistant director.—” and inserting “ Executive assistant director.—”; and

(II)

in the matter preceding subparagraph (A)—

(aa)

by striking “ Assistant Director for Cybersecurity” and inserting “ Executive Assistant Director for Cybersecurity”; and

(bb)

by striking “ the ‘Assistant Director’ and inserting ‘the Executive Assistant Director’ ”; and

(ii)

in paragraph (3)—

(I)

by inserting “ or Assistant Director for Cybersecurity” after “ Assistant Secretary for Cybersecurity and Communications”; and

(II)

by striking “ Assistant Director for Cybersecurity.” and inserting “ Executive Assistant Director for Cybersecurity.”; and

(B)

in subsection (b), in the matter preceding paragraph (1), by striking “ Assistant Director” and inserting “ Executive Assistant Director”.

(2)

Continuation in office.— The individual serving as the Assistant Director for Cybersecurity of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security on the day before the date of enactment of this Act may serve as the Executive Assistant Director for Cybersecurity on and after that date without the need for renomination or reappointment.

(d)

Executive Assistant Director for Infrastructure Security.—

(1)

In general.— Section 2204 of the Homeland Security Act of 2002 (6 U.S.C. 654) is amended—

(A)

in subsection (a)—

(i)

in paragraph (2)—

(I)

in the heading, by striking “ Assistant director.—” and inserting “ Executive assistant director.—”; and

(II)

in the matter preceding subparagraph (A)—

(aa)

by striking “ Assistant Director for Infrastructure Security” and inserting “ Executive Assistant Director for Infrastructure Security”; and

(bb)

by striking “ the ‘Assistant Director’ and inserting ‘the Executive Assistant Director’ ”; and

(ii)

in paragraph (3)—

(I)

by inserting “ or Assistant Director for Infrastructure Security” after “ Assistant Secretary for Infrastructure Protection”; and

(II)

by striking “ Assistant Director for Infrastructure Security.” and inserting “ Executive Assistant Director for Infrastructure Security.”; and

(B)

in subsection (b), by striking “ Assistant Director” in the matter preceding paragraph (1) and inserting “ Executive Assistant Director”.

(2)

Continuation in office.— The individual serving as the Assistant Director for Infrastructure Security of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security on the day before the date of enactment of this Act may serve as the Executive Assistant Director for Infrastructure Security on and after that date without the need for renomination or reappointment.

(e)

Executive Assistant Director for Emergency Communications.—

(1)

In general.— Section 1801 of the Homeland Security Act of 2002 (6 U.S.C. 571) is amended—

(A)

in subsection (b)—

(i)

in the heading, by striking “ Assistant Director.—” and inserting “ Executive Assistant Director.—”;

(ii)

in the first sentence, by striking “ Assistant Director for Emergency Communications.” and inserting “ Executive Assistant Director for Emergency Communications (in this section referred to as the ‘Executive Assistant Director’).”; and

(iii)

in the second and third sentences, by striking “ Assistant Director” both places such term appears and inserting “ Executive Assistant Director”; and

(B)

in subsection (c), in the matter preceding paragraph (1), by striking “ Assistant Director for Emergency Communications” and inserting “ Executive Assistant Director”;

(C)

in subsection (d), in the matter preceding paragraph (1), by striking “ Assistant Director for Emergency Communications” and inserting “ Executive Assistant Director”;

(D)

in subsection (e), in the matter preceding paragraph (1), by striking “ Assistant Director for Emergency Communications” and inserting “ Executive Assistant Director”; and

(E)

by adding at the end the following new subsection:

“(g) Reference.—Any reference to the Assistant Director for Emergency Communications in any law, regulation, map, document, record, or other paper of the United States shall be deemed to be a reference to the Executive Assistant Director for Emergency Communications.”

(2)

Continuation in office.— The individual serving as the Assistant Director for Emergency Communications of the Department of Homeland Security on the day before the date of enactment of this Act may serve as the Executive Assistant Director for Emergency Communications on and after that date.

SEC. 9002. Sector Risk Management Agencies.

(a)

Definitions.— In this section:

(1)

Appropriate congressional committees.— The term “appropriate congressional committees” means—

(A)

the Committee on Homeland Security and the Committee on Armed Services in the House of Representatives; and

(B)

the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services in the Senate.

(2)

Critical infrastructure.— The term “critical infrastructure” has the meaning given that term in section 1016(e) of Public Law 107–56 (42 U.S.C. 5195c(e)).

(3)

Department.— The term “Department” means the Department of Homeland Security.

(4)

Director.— The term “Director” means the Director of the Cybersecurity and Infrastructure Security Agency of the Department.

(5)

Information sharing and analysis organization.— The term “information sharing and analysis organization” has the meaning given that term in section 2222(5) of the Homeland Security Act of 2002 (6 U.S.C. 671(5)).

(6)

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

(7)

Sector risk management agency.— The term “sector risk management agency” has the meaning given the term “Sector-Specific Agency” in section 2201(5) of the Homeland Security Act of 2002 (6 U.S.C. 651(5)).

(b)

Critical Infrastructure Sector Designation.—

(1)

Initial review.— Not later than 180 days after the date of the enactment of this section, the Secretary, in consultation with the heads of Sector Risk Management Agencies, shall—

(A)

review the current framework for securing critical infrastructure, as described in section 2202(c)(4) of the Homeland Security Act (6 U.S.C. 652(c)(4)) and Presidential Policy Directive 21; and

(B)

submit to the President and appropriate congressional committees a report that includes—

(i)

information relating to—

(I)

the analysis framework or methodology used to—

(aa)

evaluate the current framework for securing critical infrastructure referred to in subparagraph (A); and

(bb)

develop recommendations to—

(AA)

revise the current list of critical infrastructure sectors designated pursuant to Presidential Policy Directive 21, any successor or related document, or policy; or

(BB)

identify and designate any subsectors of such sectors;

(II)

the data, metrics, and other information used to develop the recommendations required under clause (ii); and

(ii)

recommendations relating to—

(I)

revising—

(aa)

the current framework for securing critical infrastructure referred to in subparagraph (A);

(bb)

the current list of critical infrastructure sectors designated pursuant to Presidential Policy Directive 21, any successor or related document, or policy; or

(cc)

the identification and designation of any subsectors of such sectors; and

(II)

any revisions to the list of designated Federal departments or agencies that serve as the Sector Risk Management Agency for a sector or subsector of such section, necessary to comply with paragraph (3)(B).

(2)

Periodic evaluation by the secretary.— At least once every five years, the Secretary, in consultation with the Director and the heads of Sector Risk Management Agencies, shall—

(A)

evaluate the current list of designated critical infrastructure sectors and subsectors of such sectors and the appropriateness of Sector Risk Management Agency designations, as set forth in Presidential Policy Directive 21, any successor or related document, or policy; and

(B)

recommend, as appropriate, to the President—

(i)

revisions to the current list of designated critical infrastructure sectors or subsectors of such sectors; and

(ii)

revisions to the designation of any Federal department or agency designated as the Sector Risk Management Agency for a sector or subsector of such sector.

(3)

Review and revision by the president.— Not later than 180 days after the Secretary submits a recommendation pursuant to paragraph (1) or (2), the President shall—

(A)

review the recommendation and revise, as appropriate, the designation of a critical infrastructure sector or subsector or the designation of a Sector Risk Management Agency; and

(B)

submit to the appropriate congressional committees, the Majority and Minority Leaders of the Senate, and the Speaker and Minority Leader of the House of Representatives, a report that includes—

(i)

an explanation with respect to the basis for accepting or rejecting the recommendations of the Secretary; and

(ii)

information relating to the analysis framework, methodology, metrics, and data used to—

(I)

evaluate the current framework for securing critical infrastructure referred to in paragraph (1)(A); and

(II)

develop—

(aa)

recommendations to revise—

(AA)

the list of critical infrastructure sectors designated pursuant to Presidential Policy Directive 21, any successor or related document, or policy; or

(BB)

the designation of any subsectors of such sectors; and

(bb)

the recommendations of the Secretary.

(4)

Publication.— Any designation of critical infrastructure sectors shall be published in the Federal Register.

(c)

Sector Risk Management Agencies.—

(1)

In general.— Subtitle A of title XXII of the Homeland Security Act of 2002 is amended by adding at the end the following new section:

“SEC. 2215. SECTOR RISK MANAGEMENT AGENCIES.

“(a) In General.—Consistent with applicable law, Presidential directives, Federal regulations, and strategic guidance from the Secretary, each Sector Risk Management Agency, in coordination with the Director, shall—

“(1) provide specialized sector-specific expertise to critical infrastructure owners and operators within its designated critical infrastructure sector or subsector of such sector; and

“(2) support programs and associated activities of such sector or subsector of such sector.

“(b) Implementation.—In carrying out this section, Sector Risk Management Agencies shall—

“(1) coordinate with the Department and, as appropriate, other relevant Federal departments and agencies;

“(2) collaborate with critical infrastructure owners and operators within the designated critical infrastructure sector or subsector of such sector; and

“(3) coordinate with independent regulatory agencies, and State, local, Tribal, and territorial entities, as appropriate.

“(c) Responsibilities.—Consistent with applicable law, Presidential directives, Federal regulations, and strategic guidance from the Secretary, each Sector Risk Management Agency shall utilize its specialized expertise regarding its designated critical infrastructure sector or subsector of such sector and authorities under applicable law to—

“(1) support sector risk management, in coordination with the Director, including—

“(A) establishing and carrying out programs to assist critical infrastructure owners and operators within the designated sector or subsector of such sector in identifying, understanding, and mitigating threats, vulnerabilities, and risks to their systems or assets, or within a region, sector, or subsector of such sector; and

“(B) recommending security measures to mitigate the consequences of destruction, compromise, and disruption of systems and assets;

“(2) assess sector risk, in coordination with the Director, including—

“(A) identifying, assessing, and prioritizing risks within the designated sector or subsector of such sector, considering physical security and cybersecurity threats, vulnerabilities, and consequences; and

“(B) supporting national risk assessment efforts led by the Department;

“(3) sector coordination, including—

“(A) serving as a day-to-day Federal interface for the prioritization and coordination of sector-specific activities and responsibilities under this title;

“(B) serving as the Federal Government coordinating council chair for the designated sector or subsector of such sector; and

“(C) participating in cross-sector coordinating councils, as appropriate;

“(4) facilitating, in coordination with the Director, the sharing with the Department and other appropriate Federal department of information regarding physical security and cybersecurity threats within the designated sector or subsector of such sector, including—

“(A) facilitating, in coordination with the Director, access to, and exchange of, information and intelligence necessary to strengthen the security of critical infrastructure, including through information sharing and analysis organizations and the national cybersecurity and communications integration center established pursuant to section 2209;

“(B) facilitating the identification of intelligence needs and priorities of critical infrastructure owners and operators in the designated sector or subsector of such sector, in coordination with the Director of National Intelligence and the heads of other Federal departments and agencies, as appropriate;

“(C) providing the Director, and facilitating awareness within the designated sector or subsector of such sector, of ongoing, and where possible, real-time awareness of identified threats, vulnerabilities, mitigations, and other actions related to the security of such sector or subsector of such sector; and

“(D) supporting the reporting requirements of the Department under applicable law by providing, on an annual basis, sector-specific critical infrastructure information;

“(5) supporting incident management, including—

“(A) supporting, in coordination with the Director, incident management and restoration efforts during or following a security incident; and

“(B) supporting the Director, upon request, in national cybersecurity asset response activities for critical infrastructure; and

“(6) contributing to emergency preparedness efforts, including—

“(A) coordinating with critical infrastructure owners and operators within the designated sector or subsector of such sector and the Director in the development of planning documents for coordinated action in the event of a natural disaster, act of terrorism, or other man-made disaster or emergency;

“(B) participating in and, in coordination with the Director, conducting or facilitating, exercises and simulations of potential natural disasters, acts of terrorism, or other man-made disasters or emergencies within the designated sector or subsector of such sector; and

“(C) supporting the Department and other Federal departments or agencies in developing planning documents or conducting exercises or simulations when relevant to the designated sector or subsector or such sector.”

(2)

Technical and conforming amendments.— The Homeland Security Act of 2002 is amended—

(A)

in section 320—

(i)

in subsection (d)(3)(C), by striking “ Sector-Specific Agency” and inserting “ Sector Risk Management Agency”; and

(ii)

in subsection (e)(1), by striking “ Sector-Specific Agency” and inserting “ Sector Risk Management Agency”;

(B)

in section 524—

(i)

in subsection (b)(2)(E)(i)(II), by striking “ sector-specific agency” and inserting “ Sector Risk Management Agency”; and

(ii)

in subsection (c)(1)(B), by striking “ sector-specific agency” and inserting “ Sector Risk Management Agency”;

(C)

in section 2201(5)—

(i)

in the paragraph heading, by striking “ Sector-specific agency” and inserting “ Sector risk management agency”; and

(ii)

by striking “ Sector-Specific Agency” and inserting “ Sector Risk Management Agency”;

(D)

in section 2202(i), by striking “ Sector-Specific Agency” and inserting “ Sector Risk Management Agency”; and

(E)

in section 2214(c)(4), by striking “ sector-specific agency” and inserting “ Sector Risk Management Agency”.

(3)

References.— Any reference to a Sector Specific Agency (including any permutations or conjugations thereof) in any law, regulation, map, document, record, or other paper of the United States shall be deemed to—

(A)

be a reference to the Sector Risk Management Agency of the relevant critical infrastructure sector; and

(B)

have the meaning give such term in section 2201(5) of the Homeland Security Act of 2002.

(4)

Clerical amendment.— The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 2214 the following new item:

“Sec. 2215. Sector Risk Management Agencies.”.

(d)

Report and Auditing.— Not later than two years after the date of the enactment of this Act and every four years thereafter for 12 years, the Comptroller General of the United States shall submit to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report on the effectiveness of Sector Risk Management Agencies in carrying out their responsibilities under section 2215 of the Homeland Security Act of 2002, as added by this section.

SEC. 9003. Review and Analysis of Inland Waters Seaport Security.

(a)

Seaport Cargo Review.—

(1)

Elements.— The Secretary of Homeland Security shall conduct a review of all Great Lakes and selected inland waters seaports that receive international cargo—

(A)

to determine, for each such seaport—

(i)

the current screening capability, including the types and numbers of screening equipment and whether such equipment is physically located at a seaport or assigned and available in the area and made available to use;

(ii)

the number of U.S. Customs and Border Protection personnel assigned from a Field Operations office, broken out by role;

(iii)

the expenditures for procurement and overtime incurred by U.S. Customs and Border Protection during the most recent fiscal year;

(iv)

the types of cargo received, such as containerized, break-bulk, and bulk;

(v)

the legal entity that owns the seaport;

(vi)

a description of the use of space at the seaport by U.S. Customs and Border Protection, including—

(I)

whether U.S. Customs and Border Protection or the General Services Administration owns or leases any facilities at the seaport; and

(II)

if U.S. Customs and Border Protection is provided space at the seaport, a description of such space, including the number of workstations; and

(vii)

the current cost-sharing arrangement for screening technology or reimbursable services;

(B)

to identify, for each Field Operations office—

(i)

any ports of entry that are staffed remotely from service ports;

(ii)

the distance of each such service port from the corresponding ports of entry; and

(iii)

the number of officers and the types of equipment U.S. Customs and Border Protection uses to screen cargo entering or exiting through such ports; and

(C)

that includes a threat assessment of incoming containerized and noncontainerized cargo at Great Lakes seaports and selected inland waters seaports.

(2)

Seaport selection.— In selecting seaports on inland waters to include in the review under paragraph (1), the Secretary of Homeland Security shall ensure that the inland waters seaports are—

(A)

equal in number to the Great Lakes seaports included in the review;

(B)

comparable to Great Lakes seaports included in the review, as measured by number of imported shipments arriving at the seaport each year; and

(C)

covered by at least the same number of Field Operations offices as the Great Lakes seaports included in the review, but are not covered by the same Field Operations offices as such Great Lakes seaports.

(3)

Report required.—

(A)

In general.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the appropriate congressional committees a report containing—

(i)

the results of the review conducted pursuant to paragraph (1); and

(ii)

an explanation of the methodology used for such review regarding the screening practices for foreign cargo arriving at seaports on the Great Lakes and inland waters.

(B)

Form.— The report required under subparagraph (A) shall be submitted in unclassified form, to the maximum extent possible, but may include a classified annex, if necessary.

(b)

Inland Waters Threat Analysis.—

(1)

In general.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall submit to the appropriate congressional committees an inland waters threat analysis containing an identification and description of—

(A)

current and potential terrorism and criminal threats posed by individuals and groups seeking—

(i)

to enter the United States through inland waters; or

(ii)

to exploit security vulnerabilities on inland waters;

(B)

security challenges at inland waters ports of the United States regarding—

(i)

terrorism and instruments of terror entering the United States; or

(ii)

criminal activity, as measured by the total flow of illegal goods and illicit drugs, related to the inland waters;

(C)

security mitigation efforts with respect to the inland waters—

(i)

to prevent terrorists and instruments of terror from entering the United States; or

(ii)

to reduce criminal activity related to the inland waters;

(D)

vulnerabilities related to cooperation between State, local, tribal, and territorial law enforcement, or international agreements, that hinder effective security, counterterrorism, anti-trafficking efforts, and the flow of legitimate trade with respect to inland waters; and

(E)

metrics and performance measures used by the Secretary of Homeland Security to evaluate inland waters security, as appropriate.

(2)

Analysis requirements.— In preparing the threat analysis required under paragraph (1), the Secretary of Homeland Security shall consider and examine—

(A)

technology needs and challenges;

(B)

personnel needs and challenges;

(C)

the roles of State, local, tribal, and territorial law enforcement, private sector partners, and the public, relating to inland waters security;

(D)

the need for cooperation among Federal, State, local, tribal, territorial, and international partner law enforcement, private sector partners, and the public, relating to inland waters security; and

(E)

the challenges posed by geography with respect to inland waters security.

(3)

Form.— The Secretary of Homeland Security shall submit the threat analysis required under paragraph (1) in unclassified form, to the maximum extent possible, but may include a classified annex, if necessary.

(c)

Appropriate Congressional Committees Defined.— In this section, the term “appropriate congressional committees” means—

(1)

the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of Representatives; and

(2)

the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate.

SEC. 9004. Department of Homeland Security Reports on Digital Content Forgery Technology.

(a)

Reports Required.— Not later than one year after the date of enactment of this Act, and annually thereafter for 5 years, the Secretary of Homeland Security, acting through the Under Secretary for Science and Technology of the Department of Homeland Security, and with respect to paragraphs (6) and (7) of subsection (b), in consultation with the Director of National Intelligence, shall submit to Congress a report on the state of digital content forgery technology.

(b)

Contents.— Each report produced under subsection (a) shall include the following:

(1)

An assessment of the underlying technologies used to create or propagate digital content forgeries, including the evolution of such technologies and patterns of dissemination of such technologies.

(2)

A description of the types of digital content forgeries, including those used to commit fraud, cause harm, harass, coerce, or silence vulnerable groups or individuals, or violate civil rights recognized under Federal law.

(3)

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

(4)

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

(5)

An assessment of the uses, applications, dangers, and benefits, including the impact on individuals, of deep learning or digital content forgery technologies used to generate realistic depictions of events that did not occur.

(6)

An analysis of the methods used to determine whether content is created by 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 such content.

(7)

A description of the technological countermeasures that are, or could be, used to address concerns with digital content forgery technology.

(8)

Any additional information the Secretary determines appropriate.

(c)

Consultation and Public Hearings.— In producing each report required under subsection (a), the Secretary may—

(1)

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

(2)

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

(d)

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

(e)

Applicability of Other Laws.—

(1)

FOIA.— Nothing in this section, or in a report produced under this section, may 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”).

(2)

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.

(f)

Digital Content Forgery Defined.— In this section, the term “digital content forgery technology” 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.

SEC. 9005. Gao Study of Cybersecurity Insurance.

(a)

Study.— The Comptroller General of the United States shall conduct a study to assess and analyze the state and availability of insurance coverage in the United States for cybersecurity risks, including by—

(1)

identifying the number and dollar volume of cyber insurance policies currently in force and the percentage of businesses, and specifically small businesses, that have cyber insurance coverage;

(2)

assessing the extent to which States have established minimum standards for the scope of cyber insurance policies; and

(3)

identifying any barriers to modeling and underwriting cybersecurity risks.

(b)

Report.— Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report setting forth the findings and conclusions of the study conducted under subsection (a), including—

(1)

recommendations on whether intervention by the Federal Government would help facilitate the growth and development of insurers offering coverage for cybersecurity risks; and

(2)

a discussion of the availability and affordability of such coverage and policyholder education regarding such coverage.

SEC. 9006. Strategy to Secure Email.

(a)

In General.— Not later than December 31, 2021, the Secretary of Homeland Security shall develop and submit to Congress a strategy, including recommendations, to implement across all United States-based email providers Domain-based Message Authentication, Reporting, and Conformance standard at scale.

(b)

Elements.— The strategy required under subsection (a) shall include the following:

(1)

A recommendation for the minimum-size threshold for United States-based email providers for applicability of Domain-based Message Authentication, Reporting, and Conformance.

(2)

A description of the security and privacy benefits of implementing the Domain-based Message Authentication, Reporting, and Conformance standard at scale, including recommendations for national security exemptions, as appropriate, as well as the burdens of such implementation and an identification of the entities on which such burdens would most likely fall.

(3)

An identification of key United States and international stakeholders associated with such implementation.

(4)

An identification of any barriers to such implementation, including a cost-benefit analysis where feasible.

(5)

An initial estimate of the total cost to the Federal Government and implementing entities in the private sector of such implementation, including recommendations for defraying such costs, if applicable.

(c)

Consultation.— In developing the strategy and recommendations under subsection (a), the Secretary of Homeland Security may, as appropriate, consult with representatives from the information technology sector.

(d)

Definition.— In this section, the term “Domain-based Message Authentication, Reporting, and Conformance” means an email authentication, policy, and reporting protocol that verifies the authenticity of the sender of an email and blocks and reports to the sender fraudulent accounts.

SEC. 9007. Department of Homeland Security Large-Scale Non-Intrusive Inspection Scanning Plan.

(a)

In General.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall 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 plan for increasing to 100 percent the rate of high-throughput scanning of commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border using large-scale non-intrusive inspection systems or similar technology to enhance border security.

(b)

Baseline Information.— The plan under subsection (a) shall include, at a minimum, the following information regarding large-scale non-intrusive inspection systems or similar technology operated by U.S. Customs and Border Protection at land ports of entry and rail-border crossings as of the date of the enactment of this Act:

(1)

An inventory of large-scale non-intrusive inspection systems or similar technology in use at each land port of entry.

(2)

For each system or technology identified in the inventory under paragraph (1)—

(A)

the scanning method of such system or technology;

(B)

the location of such system or technology at each land port of entry that specifies whether in use in pre-primary, primary, or secondary inspection area, or some combination of such areas;

(C)

the percentage of commercial and passenger vehicles and freight rail traffic scanned by such system or technology;

(D)

seizure data directly attributed to scanned commercial and passenger vehicles and freight rail traffic; and

(E)

the number of personnel required to operate each system or technology.

(3)

Information regarding the continued use of other technology and tactics used for scanning, such as canines and human intelligence in conjunction with large scale, nonintrusive inspection systems.

(c)

Elements.— The plan under subsection (a) shall include the following elements:

(1)

Benchmarks for achieving incremental progress towards 100 percent high-throughput scanning within the next 6 years of commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border with corresponding projected incremental improvements in scanning rates by fiscal year and rationales for the specified timeframes for each land port of entry.

(2)

Estimated costs, together with an acquisition plan, for achieving the 100 percent high-throughput scanning rate within the timeframes specified in paragraph (1), including acquisition, operations, and maintenance costs for large-scale, nonintrusive inspection systems or similar technology, and associated costs for any necessary infrastructure enhancements or configuration changes at each port of entry. Such acquisition plan shall promote, to the extent practicable, opportunities for entities that qualify as small business concerns (as defined under section 3(a) of the Small Business Act (15 U.S.C. 632(a)).

(3)

Any projected impacts, as identified by the Commissioner of U.S. Customs and Border Protection, on the total number of commercial and passenger vehicles and freight rail traffic entering at land ports of entry and rail-border crossings where such systems are in use, and average wait times at peak and non-peak travel times, by lane type if applicable, as scanning rates are increased.

(4)

Any projected impacts, as identified by the Commissioner of U.S. Customs and Border Protection, on land ports of entry and rail-border crossings border security operations as a result of implementation actions, including any changes to the number of U.S. Customs and Border Protection officers or their duties and assignments.

(d)

Annual Report.— Not later than one year after the submission of the plan under subsection (a), and biennially thereafter for the following six years, the Secretary of Homeland Security shall 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 that describes the progress implementing the plan and includes—

(1)

an inventory of large-scale, nonintrusive inspection systems or similar technology operated by U.S. Customs and Border Protection at each land port of entry;

(2)

for each system or technology identified in the inventory required under paragraph (1)—

(A)

the scanning method of such system or technology;

(B)

the location of such system or technology at each land port of entry that specifies whether in use in pre-primary, primary, or secondary inspection area, or some combination of such areas;

(C)

the percentage of commercial and passenger vehicles and freight rail traffic scanned by such system or technology; and

(D)

seizure data directly attributed to scanned commercial and passenger vehicles and freight rail traffic;

(3)

the total number of commercial and passenger vehicles and freight rail traffic entering at each land port of entry at which each system or technology is in use, and information on average wait times at peak and non-peak travel times, by lane type if applicable;

(4)

a description of the progress towards reaching the benchmarks referred to in subsection (c)(1), and an explanation if any of such benchmarks are not achieved as planned;

(5)

a comparison of actual costs (including information on any awards of associated contracts) to estimated costs set forth in subsection (c)(2);

(6)

any realized impacts, as identified by the Commissioner of U.S. Customs and Border Protection, on land ports of entry and rail-border crossings operations as a result of implementation actions, including any changes to the number of U.S. Customs and Border Protection officers or their duties and assignments;

(7)

any proposed changes to the plan and an explanation for such changes, including changes made in response to any Department of Homeland Security research and development findings or changes in terrorist or transnational criminal organizations tactics, techniques, or procedures; and

(8)

any challenges to implementing the plan or meeting the benchmarks, and plans to mitigate any such challenges.

(e)

Definitions.— In this section:

(1)

The term “large-scale, non-intrusive inspection system” means a technology, including x-ray, gamma-ray, and passive imaging systems, capable of producing an image of the contents of a commercial or passenger vehicle or freight rail car in 1 pass of such vehicle or car.

(2)

The term “scanning” means utilizing nonintrusive imaging equipment, radiation detection equipment, or both, to capture data, including images of a commercial or passenger vehicle or freight rail car.

TITLE XCI Veterans Affairs Matters

SEC. 9101. Modification of Licensure Requirements for Department of Veterans Affairs Health Care Professionals Providing Treatment via Telemedicine.

Section 1730C(b) of title 38, United States Code, is amended to read as follows:

“(b) Covered Health Care Professionals.—For purposes of this section, a covered health care professional is any of the following individuals:

“(1) A health care professional who—

“(A) is an employee of the Department appointed under section 7306, 7401, 7405, 7406, or 7408 of this title or under title 5;

“(B) is authorized by the Secretary to provide health care under this chapter;

“(C) is required to adhere to all standards for quality relating to the provision of health care in accordance with applicable policies of the Department; and

“(D)

(i) has an active, current, full, and unrestricted license, registration, or certification in a State to practice the health care profession of the health care professional; or

“(ii) with respect to a health care profession listed under section 7402(b) of this title, has the qualifications for such profession as set forth by the Secretary.

“(2) A postgraduate health care employee who—

“(A) is appointed under section 7401(1), 7401(3), or 7405 of this title or title 5 for any category of personnel described in paragraph (1) or (3) of section 7401 of this title;

“(B) must obtain an active, current, full, and unrestricted license, registration, or certification or meet qualification standards set forth by the Secretary within a specified time frame; and

“(C) is under the clinical supervision of a health care professional described in paragraph (1); or

“(3) A health professions trainee who—

“(A) is appointed under section 7405 or 7406 of this title; and

“(B) is under the clinical supervision of a health care professional described in paragraph (1).”

SEC. 9102. Additional Care for Newborn Children of Veterans.

Section 1786 of title 38, United States Code, is amended—

(1)

in subsection (a), by striking “ The Secretary” and inserting “ Except as provided in subsection (c), the Secretary”; and

(2)

by adding at the end the following new subsection:

“(c) Exception Based on Medical Necessity.—Pursuant to such regulations as the Secretary shall prescribe to carry out this section, the Secretary may furnish more than seven days of health care services described in subsection (b), and may furnish transportation necessary to receive such services, to a newborn child based on medical necessity if the child is in need of additional care, including if the child has been discharged or released from a hospital and requires readmittance to ensure the health and welfare of the child.”

SEC. 9103. Expansion of Eligibility for Hud–vash.

(a)

HUD Provisions.— Section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) is amended by adding at the end the following new subparagraph:

“(D) Veteran defined.—In this paragraph, the term ‘veteran’ has the meaning given that term in section 2002(b) of title 38, United States Code.”

(b)

VHA Case Managers.— Subsection (b) of section 2003 of title 38, United States Code, is amended by adding at the end the following: “ In the case of vouchers provided under the HUD–VASH program under section 8(o)(19) of such Act, for purposes of the preceding sentence, the term ‘veteran’ shall have the meaning given such term in section 2002(b) of this title.”.

(c)

Annual Reports.—

(1)

In general.— Not less frequently than once each year, the Secretary of Veterans Affairs shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the homelessness services provided under programs of the Department of Veterans Affairs, including services under HUD– VASH program under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)).

(2)

Included information.— Each such annual report shall include, with respect to the year preceding the submittal of the report, a statement of the number of eligible individuals who were furnished such homelessness services and the number of individuals furnished such services under each such program, disaggregated by the number of men who received such services and the number of women who received such services, and such other information as the Secretary considers appropriate.

SEC. 9104. Study on Unemployment Rate of Women Veterans Who Served on Active Duty in the Armed Forces After September 11, 2001.

(a)

Study.—

(1)

In general.— Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Bureau of Labor Statistics of the Department of Labor, shall conduct a study on why post-9/11 veterans who are women are at higher risk of unemployment than all other groups of women veterans and their non-veteran counterparts.

(2)

Conduct of study.—

(A)

In general.— The Secretary shall conduct the study under paragraph (1) through the Center for Women Veterans under section 318 of title 38, United States Code.

(B)

Consultation.— In carrying out the study conducted under paragraph (1), the Secretary may consult with—

(i)

the Department of Labor;

(ii)

other Federal agencies, including the Department of Defense, the Office of Personnel Management, and the Small Business Administration;

(iii)

foundations; and

(iv)

other entities in the private sector.

(3)

Elements of study.— The study conducted under paragraph (1) shall include, with respect to post-9/11 veterans who are women, an analysis of each of the following:

(A)

Rank at the time of separation from the Armed Forces.

(B)

Geographic location of residence upon such separation.

(C)

Highest level of education achieved as of the time of such separation.

(D)

The percentage of such veterans who enrolled in a program of education or an employment training program of the Department of Veterans Affairs or the Department of Labor after such separation.

(E)

Industries that have employed such veterans.

(F)

Military occupational specialties of such veterans while serving as members of the Armed Forces.

(G)

Barriers to employment of such veterans.

(H)

Causes of the fluctuations in employment of such veterans.

(I)

Employment training programs of the Department of Veterans Affairs or the Department of Labor that are available to such veterans as of the date of the enactment of this Act.

(J)

Economic indicators that affect the unemployment of such veterans.

(K)

Health conditions of such veterans that could affect employment.

(L)

Whether there are differences in the analyses conducted under subparagraphs (A) through (K) depending on the race of such veterans.

(M)

The difference between unemployment rates of post-9/11 veterans who are women compared to unemployment rates of post-9/11 veterans who are men, including an analysis of potential causes of such difference.

(N)

Such other matters as the Secretary determines appropriate.

(b)

Report.—

(1)

In general.— Not later than 90 days after completing the study under subsection (a), the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on such study.

(2)

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

(A)

The analysis conducted under subsection (a)(3).

(B)

A description of the methods used to conduct the study under subsection (a).

(C)

Such other matters relating to the unemployment rates of post-9/11 veterans who are women as the Secretary considers appropriate.

(c)

Post-9/11 Veteran Defined.— In this section, the term “post-9/11 veteran” means a veteran who served on active duty in the Armed Forces on or after September 11, 2001.

SEC. 9105. Access of Veterans to Individual Longitudinal Exposure Record.

The Secretary of Veterans Affairs shall provide to a veteran read-only access to the documents of the veteran contained in the Individual Longitudinal Exposure Record in a printable format through a portal accessible through an internet website of the Department of Veterans Affairs.

SEC. 9106. Department of Veterans Affairs Report on Undisbursed Funds.

(a)

Report Required.— Not later than 120 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the undisbursed funds of the Department of Veterans Affairs.

(b)

Elements.— The report required under subsection (a) shall include each of the following:

(1)

The total quantities and value, for each of the preceding ten fiscal years, of—

(A)

the undisbursed funds in the possession of the Department; and

(B)

the undisbursed funds of the Department that were transferred to the Department of Treasury.

(2)

The policies and procedures of the Department for managing undisbursed funds and for communicating with veterans, other beneficiaries, and heirs regarding undisbursed funds.

(3)

The challenges regarding the policies and procedures identified under paragraph (2), any legal barriers to improving such policies and procedures, and the plans of the Secretary for improvement.

(c)

Review of Report.— The Comptroller General of the United States shall conduct a review of the report submitted under subsection (a).

(d)

Undisbursed Funds Defined.— The term “undisbursed funds”—

(1)

means any amount of money that is owed to a beneficiary and that has not been disbursed—

(A)

in the case of an amount that is owed by reason of an insurance benefit under chapter 19 of title 38, United States Code, for a period of one year or longer; or

(B)

in the case of an amount that is owed by reason of any other benefit under the laws administered by the Secretary of Veterans Affairs, for a period of 30 days or longer; and

(2)

does not include any amount of money that—

(A)

has not been disbursed due to a contested claim for benefits under the laws administered by the Secretary; or

(B)

is in dispute by two or more parties over who is the entitled beneficiary.

SEC. 9107. Transfer of Mare Island Naval Cemetery to Secretary of Veterans Affairs for Maintenance by National Cemetery Administration.

(a)

Agreement.— Beginning on the date that is 180 days after the date on which the Secretary submits the report required by subsection (c)(1), the Secretary of Veterans Affairs shall seek to enter into an agreement with the city of Vallejo, California, under which the city of Vallejo shall transfer to the Secretary all right, title, and interest in the Mare Island Naval Cemetery in Vallejo, California, at no cost to the Secretary. The Secretary shall seek to enter into such agreement before the date that is one year after the date on which such report is submitted.

(b)

Maintenance by National Cemetery Administration.— If the Mare Island Naval Cemetery is transferred to the Secretary of Veterans Affairs pursuant to subsection (a), the National Cemetery Administration shall maintain the cemetery in the same manner as other cemeteries under the jurisdiction of the National Cemetery Administration.

(c)

Report.—

(1)

In general.— Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the feasibility and advisability of exercising the authority to enter into an agreement under subsection (a).

(2)

Contents.— The report submitted under paragraph (1) shall include the following:

(A)

An assessment of the feasibility and advisability of entering into such an agreement.

(B)

An estimate of the costs, including both direct and indirect costs, that the Department of Veterans Affairs would incur by entering into such an agreement.

(d)

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

(1)

it is only potentially advisable and feasible to transfer the Mare Island Naval Cemetery from the city of Vallejo, California, to the Department of Veterans Affairs because the cemetery was previously under the control of the Department of Defense; and

(2)

the City of Vallejo should provide in-kind non-monetary contributions for the improvement and maintenance of Mare Island Naval Cemetery, including labor and equipment, to the extent practicable, to the Department of Veterans Affairs, following any transfer of the cemetery to the Department.

SEC. 9108. Comptroller General Report on Department of Veterans Affairs Handling of Disability Compensation Claims by Certain Veterans.

Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report containing an evaluation of how the Department of Veterans Affairs has handled claims for disability compensation under the laws administered by the Secretary of Veterans Affairs submitted by veterans who—

(1)

have type 1 diabetes; and

(2)

have been exposed to an herbicide agent (as defined in section 1116(a)(3) of title 38, United States Code).

SEC. 9109. Additional Diseases Associated with Exposure to Certain Herbicide Agents for Which There Is a Presumption of Service Connection for Veterans Who Served in the Republic of Vietnam.

Section 1116(a)(2) of title 38, United States Code, is amended by adding at the end the following new subparagraphs:

“(I) Parkinsonism.

“(J) Bladder cancer.

“(K) Hypothyroidism.”

TITLE XCII Communications Matters

SEC. 9201. Reliable Emergency Alert Distribution Improvement.

(a)

Wireless Emergency Alerts System Offerings.—

(1)

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

(A)

by striking the second and third sentences; and

(B)

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.”

(2)

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 paragraph (1)(B).

(b)

State Emergency Alert System Plans and Emergency Communications Committees.—

(1)

State emergency communications committee.— Not later than 180 days after the date of enactment of this Act, the Commission shall adopt regulations that—

(A)

encourage the chief executive of each State—

(i)

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

(ii)

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

(B)

provide that—

(i)

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 subclause (I); and

(III)

submit to the Commission an updated State EAS Plan; and

(ii)

not later than 60 days after the date on which the Commission receives an updated State EAS Plan under clause (i)(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 approval or disapproval of such plan, and reason therefor; and

(C)

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 subparagraph (B)(i).

(2)

Consultation.— The Commission shall consult with the Administrator regarding the adoption of regulations under paragraph (1)(C).

(3)

Definitions.— In this subsection—

(A)

the term “SECC” means a State Emergency Communications Committee;

(B)

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

(C)

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

(c)

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 the causes of such false alerts.

(d)

Repeating Emergency Alert System Messages for National Security.—

(1)

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—

(A)

the President;

(B)

the Administrator; or

(C)

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

(2)

Scope of rulemaking.— Paragraph (1) shall—

(A)

apply to warnings of national security events, meaning emergencies of national significance, such as a missile threat, terror attack, or other act of war or threat to public safety; and

(B)

not apply to more typical warnings, such as a weather alert, AMBER Alert, or disaster alert.

(3)

Rule of construction.— Nothing in this subsection shall be construed to impair, limit, or otherwise change—

(A)

the authority of the President granted by law to alert and warn the public; or

(B)

the role of the President as commander-in-chief with respect to the identification, dissemination, notification, or alerting of information of missile threats against the United States, or threats to public safety.

(e)

Internet and Online Streaming Services Emergency Alert Examination.—

(1)

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.

(2)

Report.— Not later than 90 days after completing the inquiry under paragraph (1), the Commission shall submit a report on the findings and conclusions of the inquiry to—

(A)

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

(B)

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

(f)

Definitions.— In this section—

(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. 9202. Wireless Supply Chain Innovation and Multilateral Security.

(a)

Communications Technology Security Funds.—

(1)

Public wireless supply chain innovation fund.—

(A)

Establishment.—

(i)

In general.— There is established in the Treasury of the United States a trust fund to be known as the “Public Wireless Supply Chain Innovation Fund” (referred to in this paragraph as the “Innovation Fund”).

(ii)

Availability.—

(I)

In general.— Amounts appropriated to the Innovation Fund shall remain available through the end of the tenth fiscal year beginning after the date on which funds are appropriated to the Fund.

(II)

Remainder to treasury.— Any amounts remaining in the Innovation Fund after the end of the tenth fiscal year beginning after the date of appropriation shall be deposited in the general fund of the Treasury.

(B)

Use of fund.—

(i)

In general.— Amounts appropriated to the Innovation Fund shall be available to the Secretary, acting through the NTIA Administrator, to make grants on a competitive basis under this paragraph in such amounts as the Secretary, acting through the NTIA Administrator, determines appropriate, subject to clause (ii).

(ii)

Limitation on grant amounts.— The amount of a grant awarded under this paragraph to a recipient for a specific research focus area may not exceed $50,000,000.

(C)

Administration of fund.— The Secretary, acting through the NTIA Administrator, in consultation with the Commission, the Under Secretary of Commerce for Standards and Technology, the Secretary of Homeland Security, the Secretary of Defense, and the Director of the Intelligence Advanced Research Projects Activity of the Office of the Director of National Intelligence, shall establish criteria for grants awarded under this paragraph, by the NTIA Administrator and administer the Innovation Fund, to support the following:

(i)

Promoting and deploying technology, including software, hardware, and microprocessing technology, that will enhance competitiveness in the fifth-generation (commonly known as “5G”) and successor wireless technology supply chains that use open and interoperable interface radio access networks.

(ii)

Accelerating commercial deployments of open interface standards-based compatible, interoperable equipment, such as equipment developed pursuant to the standards set forth by organizations such as the O-RAN Alliance, the Telecom Infra Project, 3GPP, the Open-RAN Software Community, or any successor organizations.

(iii)

Promoting and deploying compatibility of new 5G equipment with future open standards-based, interoperable equipment.

(iv)

Managing integration of multi-vendor network environments.

(v)

Identifying objective criteria to define equipment as compliant with open standards for multi-vendor network equipment interoperability.

(vi)

Promoting and deploying security features enhancing the integrity and availability of equipment in multi-vendor networks.

(vii)

Promoting and deploying network function virtualization to facilitate multi-vendor interoperability and a more diverse vendor market.

(D)

Nonduplication.— To the greatest extent practicable, the Secretary, acting through the NTIA Administrator, shall ensure that any research funded by a grant awarded under this paragraph avoids duplication of other Federal or private sector research.

(E)

Timing.— Not later than one year after the date on which funds are appropriated to the Innovation Fund, the Secretary, acting through the NTIA Administrator, shall begin awarding grants under this paragraph.

(F)

Federal advisory body.—

(i)

Establishment.— The Secretary, acting through the NTIA Administrator, and in consultation with the Under Secretary of Commerce for Standards and Technology, shall establish a Federal advisory committee, in accordance with the Federal Advisory Committee Act (5 U.S.C. App.), composed of government and private sector experts, to advise the Secretary and the NTIA Administrator on the administration of the Innovation Fund.

(ii)

Composition.— The advisory committee established under clause (i) shall be composed of—

(I)

representatives from—

(aa)

the Commission;

(bb)

the Department of Defense;

(cc)

the Intelligence Advanced Research Projects Activity of the Office of the Director of National Intelligence;

(dd)

the National Institute of Standards and Technology;

(ee)

the Department of State;

(ff)

the National Science Foundation;

(gg)

the Department of Homeland Security; and

(hh)

the National Telecommunications and Information Administration; and

(II)

other representatives from the private and public sectors, at the discretion of the NTIA Administrator.

(iii)

Duties.— The advisory committee established under clause (i) shall advise the Secretary and the NTIA Administrator on technology developments to help inform—

(I)

the strategic direction of the Innovation Fund; and

(II)

efforts of the Federal Government to promote a more secure, diverse, sustainable, and competitive supply chain.

(G)

Reports to congress.—

(i)

Initial report.— Not later than 180 days after the date of the enactment of this Act, the Secretary, acting through the NTIA Administrator, shall submit to the relevant committees of Congress a report with—

(I)

additional recommendations on promoting the competitiveness and sustainability of trusted suppliers in the wireless supply chain; and

(II)

any additional authorities needed to facilitate the timely adoption of open standards-based equipment, including authority to provide loans, loan guarantees, and other forms of credit extension that would maximize the use of funds.

(ii)

Annual report.— For each fiscal year for which amounts in the Innovation Fund are available under this paragraph, the Secretary, acting through the NTIA Administrator, shall submit to Congress a report that—

(I)

describes how, and to whom, amounts in the Innovation Fund have been deployed;

(II)

details the progress of the Secretary and the NTIA Administrator in meeting the objectives described in subparagraph (C); and

(III)

includes any additional information that the Secretary and the NTIA Administrator determine appropriate.

(2)

Multilateral telecommunications security fund.—

(A)

Establishment of fund.—

(i)

In general.— There is established in the Treasury of the United States a trust fund to be known as the “Multilateral Telecommunications Security Fund”.

(ii)

Use of fund.— Amounts appropriated to the Multilateral Telecommunications Security Fund shall be available to the Secretary of State to make expenditures under this paragraph in such amounts as the Secretary of State determines appropriate.

(iii)

Availability.—

(I)

In general.— Amounts appropriated to the Multilateral Telecommunications Security Fund—

(aa)

shall remain available through the end of the tenth fiscal year beginning after the date of appropriation; and

(bb)

may only be allocated upon the Secretary of State reaching an arrangement or agreement with foreign government partners to participate in the common funding mechanism described in subparagraph (B).

(II)

Remainder to treasury.— Any amounts remaining in the Multilateral Telecommunications Security Fund after the end of the tenth fiscal year beginning after the date of the enactment of this Act shall be deposited in the general fund of the Treasury.

(B)

Administration of fund.— The Secretary of State, in consultation with the NTIA Administrator, the Secretary of Homeland Security, the Secretary of Defense, the Secretary of the Treasury, the Director of National Intelligence, and the Commission, is authorized to establish a common funding mechanism, in coordination with foreign partners, that uses amounts from the Multilateral Telecommunications Security Fund to support the development and adoption of secure and trusted telecommunications technologies. In creating and sustaining a common funding mechanism, the Secretary of State should leverage United States funding in order to secure commitments and contributions from trusted foreign partners such as the United Kingdom, Canada, Australia, New Zealand, and Japan, and should prioritize the following objectives:

(i)

Advancing research and development of secure and trusted communications technologies.

(ii)

Strengthening supply chains.

(iii)

Promoting the use of trusted vendors.

(C)

Annual report to congress.— Not later than 1 year after the date of the enactment of this Act, and annually thereafter for each fiscal year during which amounts in the Multilateral Telecommunications Security Fund are available, the Secretary of State shall submit to the relevant committees of Congress a report on the status and progress of the funding mechanism established under subparagraph (B), including—

(i)

any funding commitments from foreign partners, including each specific amount committed;

(ii)

governing criteria for use of the Multilateral Telecommunications Security Fund;

(iii)

an account of—

(I)

how, and to whom, funds have been deployed;

(II)

amounts remaining in the Multilateral Telecommunications Security Fund; and

(III)

the progress of the Secretary of State in meeting the objective described in subparagraph (B); and

(iv)

additional authorities needed to enhance the effectiveness of the Multilateral Telecommunications Security Fund in achieving the security goals of the United States.

(D)

Notifications to be provided by the fund.—

(i)

In general.— Not later than 15 days prior to the Fund making a financial commitment associated with the provision of expenditures under subparagraph (A)(ii) in an amount in excess of $1,000,000, the Secretary of State shall submit to the appropriate congressional committees a report in writing that contains the information required by clause (ii).

(ii)

Information required.— The information required by this clause includes—

(I)

the amount of each such expenditure;

(II)

an identification of the recipient or beneficiary; and

(III)

a description of the project or activity and the purpose to be achieved of an expenditure by the Fund.

(iii)

Arrangements or agreements.— The Secretary of State shall notify the appropriate congressional committees not later than 30 days after entering into a new bilateral or multilateral arrangement or agreement described in subparagraph (A)(iii)(I)(bb).

(iv)

Appropriate congressional committees defined.— In this subparagraph, the term “appropriate congressional committees” means—

(I)

the Committee on Foreign Relations of the Senate;

(II)

the Committee on Appropriations of the Senate;

(III)

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

(IV)

the Committee on Appropriations of the House of Representatives.

(b)

Promoting United States Leadership in International Organizations and Communications Standards-setting Bodies.—

(1)

In general.— The Secretary of State, the Secretary of Commerce, and the Chairman of the Commission, or their designees, shall consider how to enhance representation of the United States at international forums that set standards for 5G networks and for future generations of wireless communications networks, including—

(A)

the International Telecommunication Union (commonly known as “ITU”);

(B)

the International Organization for Standardization (commonly known as “ISO”);

(C)

the Inter-American Telecommunication Commission (commonly known as “CITEL”); and

(D)

the voluntary standards organizations that develop protocols for wireless devices and other equipment, such as the 3GPP and the Institute of Electrical and Electronics Engineers (commonly known as “IEEE”).

(2)

Annual report.— The Secretary of State, the Secretary of Commerce, and the Chairman of the Commission shall jointly submit to the relevant committees of Congress an annual report on the progress made under paragraph (1).

(c)

Definitions.— In this section:

(1)

The term “3GPP” means the Third Generation Partnership Project.

(2)

The term “5G network” means a radio network as described by 3GPP Release 15 or higher.

(3)

The term “Commission” means the Federal Communications Commission.

(4)

The term “NTIA Administrator” means the Assistant Secretary of Commerce for Communications and Information.

(5)

The term “Open-RAN” means the Open Radio Access Network approach to standardization adopted by the O-RAN Alliance, Telecom Infra Project, or 3GPP, or any similar set of open standards for multi-vendor network equipment interoperability.

(6)

The term “relevant committees of Congress” means—

(A)

the Select Committee on Intelligence of the Senate;

(B)

the Committee on Foreign Relations of the Senate;

(C)

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

(D)

the Committee on Armed Services of the Senate;

(E)

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

(F)

the Committee on Appropriations of the Senate;

(G)

the Permanent Select Committee on Intelligence of the House of Representatives;

(H)

the Committee on Foreign Affairs of the House of Representatives;

(I)

the Committee on Homeland Security of the House of Representatives;

(J)

the Committee on Armed Services of the House of Representatives;

(K)

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

(L)

the Committee on Appropriations of the House of Representatives.

(7)

The term “Secretary” means the Secretary of Commerce.

SEC. 9203. Spectrum Information Technology Modernization Efforts.

(a)

Initial Interagency Spectrum Information Technology Coordination.— Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary of Commerce for Communications and Information, in consultation with the Policy and Plans Steering Group, shall identify a process to establish goals, including parameters to measure the achievement of such goals, for the modernization of the infrastructure of covered agencies relating to managing the use of Federal spectrum by such agencies, which shall include—

(1)

the standardization of data inputs, modeling algorithms, modeling and simulation processes, analysis tools with respect to Federal spectrum, assumptions, and any other tool to ensure interoperability and functionality with respect to such infrastructure;

(2)

other potential innovative technological capabilities with respect to such infrastructure, including cloud-based databases, artificial intelligence technologies, automation, and improved modeling and simulation capabilities;

(3)

ways to improve the management of the use of Federal spectrum by covered agencies through such infrastructure, including by—

(A)

increasing the efficiency of such infrastructure;

(B)

addressing validation of usage with respect to such infrastructure;

(C)

increasing the accuracy of such infrastructure;

(D)

validating models used by such infrastructure; and

(E)

monitoring and enforcing requirements that are imposed on covered agencies with respect to the use of Federal spectrum by covered agencies;

(4)

ways to improve the ability of covered agencies to meet mission requirements in congested environments with respect to Federal spectrum, including as part of automated adjustments to operations based on changing conditions in such environments;

(5)

the creation of a time-based automated mechanism—

(A)

to share Federal spectrum between covered agencies to collaboratively and dynamically increase access to Federal spectrum by such agencies; and

(B)

that could be scaled across Federal spectrum; and

(6)

the collaboration between covered agencies necessary to ensure the interoperability of Federal spectrum.

(b)

Spectrum Information Technology Modernization.—

(1)

In general.— Not later than 240 days after the date of the enactment of this Act, the Assistant Secretary of Commerce for Communications and Information shall submit to Congress a report that contains a plan for the National Telecommunications and Information Administration (in this section referred to as the “NTIA”) to modernize and automate the infrastructure of the NTIA relating to managing the use of Federal spectrum by covered agencies so as to more efficiently manage such use.

(2)

Contents.— The report required by paragraph (1) shall include—

(A)

an assessment of the current, as of the date on which such report is submitted, infrastructure of the NTIA described in such paragraph;

(B)

an acquisition strategy for the modernized infrastructure of the NTIA described in such paragraph, including how such modernized infrastructure will enable covered agencies to be more efficient and effective in the use of Federal spectrum;

(C)

a timeline for the implementation of the modernization efforts described in such paragraph;

(D)

plans detailing how the modernized infrastructure of the NTIA described in such paragraph will—

(i)

enhance the security and reliability of such infrastructure so that the NTIA is in compliance with the requirements of subchapter II of chapter 35 of title 44, United States Code, with respect to such infrastructure;

(ii)

improve data models and analysis tools to increase the efficiency of the spectrum use described in such paragraph;

(iii)

enhance automation and workflows, and reduce the scope and level of manual effort, in order to—

(I)

administer the management of the spectrum use described in such paragraph; and

(II)

improve data quality and processing time; and

(iv)

improve the timeliness of spectrum analyses and requests for information, including requests submitted pursuant to section 552 of title 5, United States Code;

(E)

an operations and maintenance plan with respect to the modernized infrastructure of the NTIA described in such paragraph;

(F)

a strategy for coordination between the covered agencies within the Policy and Plans Steering Group, which shall include—

(i)

a description of—

(I)

such coordination efforts, as in effect on the date on which such report is submitted; and

(II)

a plan for coordination of such efforts after the date on which such report is submitted, including with respect to the efforts described in subsection (c);

(ii)

a plan for standardizing—

(I)

electromagnetic spectrum analysis tools;

(II)

modeling and simulation processes and technologies; and

(III)

databases to provide technical interference assessments that are usable across the Federal Government as part of a common spectrum management infrastructure for covered agencies; and

(iii)

a plan for each covered agency to implement a modernization plan described in subsection (c)(1) that is tailored to the particular timeline of such agency;

(G)

identification of manually intensive processes involved in managing Federal spectrum and proposed enhancements to such processes;

(H)

metrics to evaluate the success of the modernization efforts described in such paragraph and any similar future efforts; and

(I)

an estimate of the cost of the modernization efforts described in such paragraph and any future maintenance with respect to the modernized infrastructure of the NTIA described in such paragraph, including the cost of any personnel and equipment relating to such maintenance.

(c)

Covered Agency Spectrum Information Technology Modernization.—

(1)

In general.— Not later than 1 year after the date of the enactment of this Act, the head of each covered agency shall submit to the Assistant Secretary of Commerce for Communications and Information and the Policy and Plans Steering Group a report that describes a plan for such agency to modernize the infrastructure of such agency with respect to the use of Federal spectrum by such agency so that such modernized infrastructure of such agency is interoperable with the modernized infrastructure of the NTIA, as described in subsection (b).

(2)

Contents.— Each report submitted by the head of a covered agency under paragraph (1) shall—

(A)

include—

(i)

an assessment of the current, as of the date on which such report is submitted, management capabilities of such agency with respect to the use of frequencies that are assigned to such agency, which shall include a description of any challenges faced by such agency with respect to such management;

(ii)

a timeline for completion of the modernization efforts described in such paragraph;

(iii)

a description of potential innovative technological capabilities for the management of frequencies that are assigned to such agency, as determined under subsection (a);

(iv)

identification of agency-specific requirements or constraints relating to the infrastructure of such agency;

(v)

identification of any existing, as of the date on which such report is submitted, systems of such agency that are duplicative of the modernized infrastructure of the NTIA, as described in subsection (b); and

(vi)

with respect to the report submitted by the Secretary of Defense—

(I)

a strategy for the integration of systems or the flow of data among the Armed Forces, the military departments, the Defense Agencies and Department of Defense Field Activities, and other components of the Department of Defense;

(II)

a plan for the implementation of solutions to the use of Federal spectrum by the Department of Defense involving information at multiple levels of classification; and

(III)

a strategy for addressing, within the modernized infrastructure of the Department of Defense described in such paragraph, the exchange of information between the Department of Defense and the NTIA in order to accomplish required processing of all Department of Defense domestic spectrum coordination and management activities; and

(B)

be submitted in an unclassified format, with a classified annex, as appropriate.

(3)

Notification of congress.— Upon submission of a report under paragraph (1), the head of a covered agency shall notify Congress that such report has been submitted.

(d)

GAO Oversight.— The Comptroller General of the United States shall—

(1)

not later than 180 days after the date of the enactment of this Act, conduct a review of the infrastructure of covered agencies, as such infrastructure exists on the date of the enactment of this Act;

(2)

upon submission of all of the reports required by subsection (c), begin conducting oversight of the implementation of the modernization plans submitted by the Assistant Secretary and covered agencies under subsections (b) and (c), respectively;

(3)

not later than 2 years after the date on which the Comptroller General begins conducting oversight under paragraph (2), and biennially thereafter until December 31, 2030, submit a report regarding such oversight to—

(A)

with respect to the implementation of the modernization plan of the Department of Defense, the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives; and

(B)

with respect to the implementation of the modernization plans of all covered agencies, including the Department of Defense, the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives; and

(4)

until December 31, 2030, provide regular briefings to—

(A)

with respect to the application of this section to the Department of Defense, the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives; and

(B)

with respect to the application of this section to all covered agencies, including the Department of Defense, the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives.

(e)

Definitions.— In this section:

(1)

The term “covered agency”—

(A)

means any Federal entity that the Assistant Secretary of Commerce for Communications and Information determines is appropriate; and

(B)

includes the Department of Defense.

(2)

The term “Federal entity” has the meaning given such term in section 113(l) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(l)).

(3)

The term “Federal spectrum” means frequencies assigned on a primary basis to a covered agency.

(4)

The term “infrastructure” means information technology systems and information technologies, tools, and databases.

SEC. 9204. 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).

TITLE XCIII Intelligence Matters

SEC. 9301. Requirement for Facilitation of Establishment of Social Media Data and Threat Analysis Center.

(a)

Requirement to Facilitate Establishment.— Subsection (c)(1) of section 5323 of the Damon Paul Nelson and Matthew Young Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and 2020 (division E of Public Law 116–92; 50 U.S.C. 3369) is amended—

(1)

by striking “ The Director” and inserting “ Not later than June 1, 2021, the Director”; and

(2)

by striking “ may” and inserting “ shall”.

(b)

Reporting on Foreign Malign Influence Campaigns on Social Media Platforms Targeting Elections for Federal Office.— Such section is amended—

(1)

by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and

(2)

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

“(f) Foreign Malign Influence Campaigns on Social Media Platforms Targeting Elections for Federal Office.—

“(1) Reports.—

“(A) Requirement.—Not later than 90 days before the date of each regularly scheduled general election for Federal office, the Director of the Center shall submit to the appropriate congressional committees a report on foreign malign influence campaigns on and across social media platforms targeting such election.

“(B) Matters included.—Each report under subparagraph (A) shall include an analysis of the following:

“(i) The patterns, tools, and techniques of foreign malign influence campaigns across all platforms on social media by a covered foreign country targeting a regularly scheduled general election for Federal office.

“(ii) Inauthentic accounts and ‘bot’ networks across platforms, including the scale to which such accounts or networks exist, how platforms currently act to remove such accounts or networks, and what percentage of such accounts or networks have been removed during the period covered by the report.

“(iii) The estimated reach and impact of intentional or weaponized disinformation by inauthentic accounts and ‘bot’ networks, including an analysis of amplification by users and algorithmic distribution.

“(iv) The trends of types of media that are being used for dissemination through foreign malign influence campaigns, including machine-manipulated media, and the intended targeted groups.

“(C) Initial report.—Not later than August 1, 2021, the Director of the Center shall submit to the appropriate congressional committees a report under subparagraph (A) addressing the regularly scheduled general election for Federal office occurring during 2020.

“(D) Form.—Each report under this paragraph shall be submitted in an unclassified form, but may include a classified annex.

“(2) Briefings.—

“(A) Requirement.—Not later than 30 days after the date on which the Director submits to the appropriate congressional committees a report under paragraph (1), the Director of National Intelligence, in coordination with the Secretary of Defense, the Secretary of Homeland Security, and the Director of the Federal Bureau of Investigation, shall provide to such committees a briefing assessing threats from foreign malign influence campaigns on social media from covered countries to the regularly scheduled general election for Federal office covered by the report.

“(B) Matters to be included.—Each briefing under subparagraph (A) shall include the following:

“(ii) An assessment of the findings from the report for which the briefing is provided.

“(iii) The activities and methods used to mitigate the threats associated with such findings by the Department of Defense, the Department of Homeland Security, or other relevant departments or agencies of the Federal Government.

“(iv) The steps taken by departments or agencies of the Federal Government to cooperate with social media companies to mitigate the threats identified.”

(c)

Definitions.— Subsection (h) of such section, as redesignated by subsection (b) of this section, is amended to read as follows:

“(h) Definitions.—

“(1) Appropriate congressional committees.—The term ‘appropriate congressional committees’ means—

“(A) the congressional intelligence committees;

“(B) the Committee on Armed Services, the Committee on Appropriations, the Committee on Homeland Security, the Committee on Foreign Affairs, and the Committee on the Judiciary of the House of Representatives; and

“(C) the Committee on Armed Services, the Committee on Appropriations, the Committee on Homeland Security and Government Affairs, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate.

“(2) Covered foreign country and foreign malign influence.—The terms ‘covered foreign country’ and ‘foreign malign influence’ have the meanings given those terms in section 119C of the National Security Act of 1947 (50 U.S.C. 3059).

“(3) Machine-manipulated media.—The term ‘machine-manipulated media’ has the meaning given that term in section 5724.”

(d)

Conforming Amendments.—

(1)

Reporting.— Subsection (d) of such section is amended—

(A)

in the matter preceding paragraph (1), by striking “ If the Director” and all that follows through “ the Center, the” and inserting “ The”; and

(B)

in paragraph (1), by striking “ 180 days after the date of the enactment of this Act” and inserting “ August 1, 2021”.

(2)

Funding.— Subsection (g) of such section, as redesignated by subsection (b) of this section, is amended by striking “ fiscal year 2020 and 2021” and inserting “ fiscal year 2021 and 2022”.

(3)

Clerical.— Such section 5323 is further amended—

(A)

in the section heading, by striking “ encouragement of”; and

(B)

in subsection (c)—

(i)

in the subsection heading, by striking “ Authority” and inserting “ Requirement”; and

(ii)

in paragraph (1), in the paragraph heading, by striking “ Authority” and inserting “ Requirement”.

SEC. 9302. Independent Study on Identifying and Addressing Threats That Individually or Collectively Affect National Security, Financial Security, or Both.

(a)

Independent Study.— Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the Secretary of the Treasury and the heads of other relevant departments and agencies of the Federal Government, shall seek to enter into a contract with a federally funded research and development center under which the center will conduct a study on identifying and addressing threats that individually or collectively affect national security, financial security, or both.

(b)

Elements of Study.— In carrying out the study under subsection (a), the federally funded research and development center selected under such subsection shall—

(1)

identify threats that individually or collectively affect national security, financial security, or both, including—

(A)

foreign influence in companies seeking to access capital markets by conducting initial public offerings in other countries;

(B)

the use of financial instruments, markets, payment systems, or digital assets in ways that appear legitimate but may be part of a foreign malign strategy to weaken or undermine the economic security of the United States; and

(C)

any other known or potential threats that individually or collectively affect national security, financial security, or both currently or in the foreseeable future;

(2)

assess the extent to which the United States Government is currently able to identify and characterize the threats identified under paragraph (1);

(3)

assess the extent to which the United States Government is currently able to address the risk posed by the threats identified under paragraph (1);

(4)

assess whether current levels of information sharing and cooperation between the United States Government and allies and partners of the United States have been helpful or can be improved upon in order for the United States Government to identify, characterize, and mitigate the threats identified under paragraph (1); and

(5)

recommend opportunities, and any such authorities or resources required, to improve the efficiency and effectiveness of the United States Government in identifying and countering the threats identified under paragraph (1).

(c)

Submission to Director of National Intelligence.— Not later than 180 days after the date of the enactment of this Act, the federally funded research and development center selected to conduct the study under subsection (a) shall submit to the Director of National Intelligence a report on the results of the study in both classified and unclassified form.

(d)

Submission to Congress.—

(1)

In general.— Not later than 30 days after the date on which the Director of National Intelligence receives the report under subsection (c), the Director shall submit to the appropriate congressional committees—

(A)

a copy of the report, without change, in both classified and unclassified form; and

(B)

such comments as the Director, in coordination with the Secretary of the Treasury and the heads of other relevant departments and agencies of the Federal Government, may have with respect to the report.

(2)

Appropriate congressional committees.— In this subsection, the term “appropriate congressional committees” means—

(A)

the Committee on Armed Services, the Select Committee on Intelligence, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and

(B)

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

TITLE XCIV Science, Space, and Technology Matters

Subtitle A Cybersecurity Matters

SEC. 9401. 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 development;

“(8) in coordination with the Department of Defense, the Department of Homeland Security, and other appropriate agencies, considering any specific needs of the cybersecurity workforce of critical infrastructure, including 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”

; and

(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, the Director of the Office of Personnel Management, and the heads of other appropriate agencies, 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, internships, 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 nonpublic or commercial businesses, research institutions, or institutions 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, the Secretary of Homeland Security, and the heads of other appropriate agencies—

(1)

in carrying out subsection (a) of such section, assess the scope and sufficiency of efforts to measure an individual’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 Department of Defense, the Office of Personnel Management, and such agencies as the Director of the National Institute of Standards and Technology considers relevant, to develop quantifiable metrics for 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 to—

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

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

“(C) 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 terms 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, including in-kind 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 academic institutions in the Federal Cyber Scholarships for Service Program, the National Centers of Academic Excellence in Cybersecurity Program, or advanced technological education programs, as well as 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 veterans, Indian Tribes, and underrepresented groups, including women, minorities, persons from rural and underserved areas, and persons with disabilities is encouraged.

“(v) A definition of the metrics to be used in determining 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 that is designated as a National Center of Academic Excellence in Cybersecurity or which received 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:

“Sec. 303. National cybersecurity awareness and education program.”.

(4)

Conforming amendments.—

(A)

Section 302(3) of the Federal Cybersecurity Workforce Assessment Act of 2015 (Public Law 114–113; 5 U.S.C. 301 note) 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; 15 U.S.C. 272 note) 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. 9402. 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 three 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. 9403. 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”

; 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.”

; and

(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. 9404. Additional Modifications to Federal Cyber Scholarship-For-Service Program.

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

(1)

in subsection (f)—

(A)

in paragraph (4), by striking “ and” after the 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” after the 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 through “ owed” and inserting “ , the Director of the National Science Foundation, and the Director of the Office of Personnel Management of the amounts owed”; and

(5)

in subsection (m)(2), by striking “ once every 3 years” and all that follows through “ workforce” and inserting

“(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. 9405. 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” after the 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.”

; and

(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)

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. 9406. 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. 9407. 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:

“SEC. 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, next generation communications, autonomy, data science, and computational technologies.

“(D) Reimagining digital identity.—Maintaining a high sense of usability while improving the privacy, 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) may 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 (15 U.S.C. 7431(a)(1)) is amended—

(1)

in subparagraph (J), by striking “ and” after the 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. 205. National cybersecurity challenges.”.

Subtitle B Other Matters

SEC. 9411. 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 new paragraph (3):

“(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 declines to establish criteria under clause (i), the Secretary may continue to use the eligibility criteria in use on the date of enactment of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 or any successor criteria.

“(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 William M. (Mac) Thornberry 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 William M. (Mac) Thornberry 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 William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021, the Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Appropriations of the Senate and the Committee on Science, Space and Technology and the Committee on 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. 9412. Industries of the Future.

(a)

Short Title.— This section may be cited as the “Industries of the Future Act of 2020”.

(b)

Report on Federal Research and Development Focused on Industries of the Future.—

(1)

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.

(2)

Contents.— The report submitted under paragraph (1) shall include the following:

(A)

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

(B)

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

(C)

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

(D)

A detailed plan to increase investments described in subparagraph (B) in industries of the future to $10,000,000,000 per year by fiscal year 2025.

(E)

A plan to leverage investments described in subparagraphs (B), (C), and (D) in industries of the future to elicit complimentary investments by non-Federal entities, including providing incentives for significant complementary investments by such entities and facilitating public-private partnerships.

(F)

Proposals for the Federal Government, including any necessary draft legislation, to implement such plans.

(c)

Industries of the Future Coordination Council.—

(1)

Establishment.—

(A)

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.

(B)

Designation.— The council established or designated under subparagraph (A) shall be known as the “Industries of the Future Coordination Council” (in this section the “Council”).

(2)

Membership.—

(A)

Composition.— The Council shall be composed of employees of the Federal Government who shall be appointed as follows:

(i)

One member appointed by the Director.

(ii)

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

(iii)

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

(iv)

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

(v)

Such other members as the President considers appropriate.

(B)

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

(3)

Duties.— The duties of the Council are as follows:

(A)

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:

(i)

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

(ii)

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

(iii)

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

(iv)

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.

(v)

Actions required to accelerate the translation of federally funded research and development to practice and meaningful benefits for society while mitigating any risks.

(B)

To provide the Director with advice on matters relevant to the report required under subsection (b).

(4)

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.

(5)

Applicability of faca.— The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council established under this subsection.

(6)

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

SEC. 9413. National Institute of Standards and Technology Manufacturing Extension Partnership Program Supply Chain Database.

(a)

In General.— The Director of the National Institute of Standards and Technology shall carry out a study to evaluate the feasibility, advisability, and costs of establishing a national supply chain database within the Manufacturing Extension Partnership program of the National Institute of Standards and Technology to—

(1)

understand the manufacturing capabilities of United States manufacturers; and

(2)

minimize disruptions to the supply chain, which may include defense supplies, food, and medical devices, including personal protective equipment.

(b)

Considerations.— In carrying out the study under subsection (a), the Director of the National Institute of Standards and Technology shall consider the following:

(1)

Whether a national supply chain database may enable the National Institute of Standards and Technology and the small and medium manufacturers of the Manufacturing Extension Partnership program to—

(A)

understand the available domestic manufacturing capabilities; and

(B)

meet the needs for urgent products in the event of a supply chain disruption.

(2)

How information from State-level databases maintained within the Manufacturing Extension Partnership program would be incorporated into the national supply chain database.

(3)

The relationship, if any, between a national supply chain database within the Manufacturing Extension Partnership program and supply chain efforts conducted by other agencies in the Federal Government and non-Federal entities.

(4)

Whether the National Institute of Standards and Technology could use existing technologies and solutions to establish a national supply chain database.

(5)

How a national supply chain database could be regularly maintained and updated to ensure effectiveness.

(6)

The nature of the information that could be voluntarily collected from manufacturers for a national supply chain database.

(7)

What mechanisms should be in place to ensure that the information under paragraph (6) is verified.

(8)

What security measures may be necessary to protect information, including protocols to ensure that information in the national supply chain database is accessed according to the nature of the information in such database with individuals with the appropriate level of authorization.

(9)

Whether there should be restrictions to protect proprietary business and personal information under paragraph (6).

(10)

The cost of developing and maintaining such a database, including staffing.

(c)

Report to Congress.— Not later than 180 days after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall submit to Congress a report that includes the findings and any recommendations from the study required under subsection (a). Such report shall include a description of any new legislation that may be required to implement a new national supply chain database through the Manufacturing Extension Partnership program.

SEC. 9414. Study on Chinese Policies and Influence in the Development of International Standards for Emerging Technologies.

(a)

Study.— Not later than 180 days after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall enter into an agreement with an appropriate entity with relevant expertise, as determined by the Director, to conduct a study and make recommendations with respect to the effect of the policies of the People’s Republic of China and coordination among industrial entities within the People’s Republic of China on international bodies engaged in developing and setting international standards for emerging technologies. The study may include—

(1)

an assessment of how the role of the People’s Republic of China in international standards setting organizations has grown over the previous 10 years, including in leadership roles in standards-drafting technical committees, and the quality or value of that participation;

(2)

an assessment of the effect of the standardization strategy of the People’s Republic of China, as identified in the “Chinese Standard 2035”, on international bodies engaged in developing and setting standards for select emerging technologies, such as advanced communication technologies or cloud computing and cloud services;

(3)

an examination of whether international standards for select emerging technologies are being designed to promote interests of the People’s Republic of China that are expressed in the “Made in China 2025” plan to the exclusion of other participants;

(4)

an examination of how the previous practices that the People’s Republic of China has used while participating in international standards setting organizations may foretell how the People’s Republic of China is likely to engage in international standardization activities of critical technologies like artificial intelligence and quantum information science, and what may be the consequences;

(5)

recommendations on how the United States can take steps to mitigate the influence of the People’s Republic of China and bolster United States public and private sector participation in international standards-setting bodies; and

(6)

any other area the Director, in consultation with the entity selected to conduct the study, determines is important to address.

(b)

Report to Congress.— The agreement entered into under subsection (a) shall provide that, not later than two years after the date of the enactment of this Act, the entity conducting the study shall—

(1)

submit to the Committee on Science, Space, and Technology and the Committee on Foreign Affairs of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Foreign Relations of the Senate a report containing the findings and recommendations of the study; and

(2)

make a copy of such report available on a publicly accessible website.

SEC. 9415. Coordination with Hollings Manufacturing Extension Partnership Centers.

Notwithstanding section 34(d)(2)(A)(iv) of the National Institute for Standards and Technology Act (15 U.S.C. 278s(d)(2)(A)(iv)), each Manufacturing USA Institute (established under subsection (d) of such section) shall, as appropriate, contract with a Hollings Manufacturing Extension Partnership Center (established under section 25 of such Act) in each State in which such Institute provides services, either directly or through another such Center, to provide defense industrial base-related outreach, technical assistance, workforce development, and technology transfer assistance to small and medium-sized manufacturers. No Center shall charge in excess of its standard rate for such services. Funds received by a Center through such a contract shall not constitute financial assistance under section 25(e) of such Act.

TITLE XCV Natural Resources Matters

SEC. 9501. Transfer of Funds for Oklahoma City National Memorial Endowment Fund.

Section 7(1) of the Oklahoma City National Memorial Act of 1997 (16 U.S.C. 450ss–5(1)) is amended by striking “ there is hereby authorized” and inserting “ the Secretary may provide, from the National Park Service’s National Recreation and Preservation account, the remainder of”.

SEC. 9502. Workforce Issues for Military Realignments in the Pacific.

Section 6(b)(1)(B)(i) of the Joint Resolution entitled “A Joint Resolution to approve the ‘Covenant To Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America’, and for other purposes”, approved March 24, 1976 (48 U.S.C. 1806(b)(1)(B)(i)) is amended—

(1)

by striking “ contact” and inserting “ contract”;

(2)

by inserting “ supporting,” after “ connected to,”;

(3)

by striking “ or” before “ associated with”;

(4)

by inserting “ or adversely affected by” after “ associated with,”; and

(5)

by inserting “ , with priority given to federally funded military projects” after “ and in the Commonwealth”.

SEC. 9503. Affirmation of Authority for Non-Oil and Gas Operations on the Outer Continental Shelf.

Section 4(a)(1) of the Outer Continental Shelf Lands Act (43 U.S.C. 1333(a)(1)) is amended to read as follows:

“(1) Jurisdiction of the united states on the outer continental shelf.—

“(A) In general.—The Constitution and laws and civil and political jurisdiction of the United States are extended, to the same extent as if the outer Continental Shelf were an area of exclusive Federal jurisdiction located within a State, to—

“(i) the subsoil and seabed of the outer Continental Shelf;

“(ii) all artificial islands on the outer Continental Shelf;

“(iii) installations and other devices permanently or temporarily attached to the seabed, which may be erected thereon for the purpose of exploring for, developing, or producing resources, including non-mineral energy resources; or

“(iv) any such installation or other device (other than a ship or vessel) for the purpose of transporting or transmitting such resources.

“(B) Leases issued exclusively under this act.—Mineral or energy leases on the outer Continental Shelf shall be maintained or issued only under the provisions of this Act.”

TITLE XCVI Oversight and Reform Matters

SEC. 9601. Inventory of Program Activities of Federal Agencies.

(a)

Inventory of Government Programs.— Section 1122(a) of title 31, United States Code, is amended—

(1)

by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively;

(2)

by inserting before paragraph (2), as so redesignated, the following:

“(1) Definitions.—For purposes of this subsection—

“(A) the term ‘Federal financial assistance’ has the meaning given that term under section 7501;

“(B) the term ‘open Government data asset’ has the meaning given that term under section 3502 of title 44;

“(C) the term ‘program’ means a single program activity or an organized set of aggregated, disaggregated, or consolidated program activities by one or more agencies directed toward a common purpose or goal; and

“(D) the term ‘program activity’ has the meaning given that term in section 1115(h).”

(3)

in paragraph (2), as so redesignated—

(A)

by striking “ In general.—Not later than October 1, 2012, the Office of Management and Budget shall” and inserting “ Website and program inventory.—The Director of the Office of Management and Budget shall”;

(B)

in subparagraph (A), by inserting “ that includes the information required under subsections (b) and (c)” after “ a single website”; and

(C)

by striking subparagraphs (B) and (C) and inserting the following:

“(B) include on the website described in subparagraph (A), or another appropriate Federal Government website where related information is made available, as determined by the Director—

“(i) a program inventory that shall identify each program; and

“(ii) for each program identified in the program inventory, the information required under paragraph (3);

“(C) make the information in the program inventory required under subparagraph (B) available as an open Government data asset; and

“(D) at a minimum—

“(i) update the information required to be included on the single website under subparagraph (A) on a quarterly basis; and

“(ii) update the program inventory required under subparagraph (B) on an annual basis.”

(4)

in paragraph (3), as so redesignated—

(A)

in the matter preceding subparagraph (A), by striking “ described under paragraph (1) shall include” and inserting “ identified in the program inventory required under paragraph (2)(B) shall include”;

(B)

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

(C)

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

(D)

by adding at the end the following:

“(D) for each program activity that is part of a program—

“(i) a description of the purposes of the program activity and the contribution of the program activity to the mission and goals of the agency;

“(ii) a consolidated view for the current fiscal year and each of the 2 fiscal years before the current fiscal year of—

“(I) the amount appropriated;

“(II) the amount obligated; and

“(III) the amount outlayed;

“(iii) to the extent practicable and permitted by law, links to any related evaluation, assessment, or program performance review by the agency, an inspector general, or the Government Accountability Office (including program performance reports required under section 1116), and other related evidence assembled in response to implementation of the Foundations for Evidence-Based Policymaking Act of 2018 (Public Law 115–435; 132 Stat. 5529);

“(iv) an identification of the statutes that authorize the program activity or the authority under which the program activity was created or operates;

“(v) an identification of any major regulations specific to the program activity;

“(vi) any other information that the Director of the Office of Management and Budget determines relevant relating to program activity data in priority areas most relevant to Congress or the public to increase transparency and accountability; and

“(vii) for each assistance listing under which Federal financial assistance is provided, for the current fiscal year and each of the 2 fiscal years before the current fiscal year and consistent with existing law relating to the protection of personally identifiable information—

“(I) a linkage to the relevant program activities that fund Federal financial assistance by assistance listing;

“(II) information on the population intended to be served by the assistance listing based on the language of the solicitation, as required under section 6102;

“(III) to the extent practicable and based on data reported to the agency providing the Federal financial assistance, the results of the Federal financial assistance awards provided by the assistance listing;

“(IV) to the extent practicable, the percentage of the amount appropriated for the assistance listing that is used for management and administration;

“(V) the identification of each award of Federal financial assistance and, to the extent practicable, the name of each direct or indirect recipient of the award; and

“(VI) any information relating to the award of Federal financial assistance that is required to be included on the website established under section 2(b) of the Federal Funding Accountability and Transparency Act of 2006 (31 U.S.C. 6101 note).”

; and

(5)

by adding at the end the following:

“(4) Archiving.—The Director of the Office of Management and Budget shall—

“(A) archive and preserve the information included in the program inventory required under paragraph (2)(B) after the end of the period during which such information is made available under paragraph (3); and

“(B) make information archived in accordance with subparagraph (A) publicly available as an open Government data asset.”

(b)

Guidance, Implementation, Reporting, and Review.—

(1)

Definitions.— In this subsection—

(A)

the term “appropriate congressional committees” means the Committee on Oversight and Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate;

(B)

the term “Director” means the Director of the Office of Management and Budget;

(C)

the term “program” has the meaning given that term in section 1122(a)(1) of title 31, United States Code, as amended by subsection (a) of this section;

(D)

the term “program activity” has the meaning given that term in section 1115(h) of title 31, United States Code; and

(E)

the term “Secretary” means the Secretary of the Treasury.

(2)

Plan for implementation and reconciling program definitions.— Not later than 180 days after the date of enactment of this Act, the Director, in consultation with the Secretary, shall submit to the appropriate congressional committees a report that—

(A)

includes a plan that—

(i)

discusses how making available on a website the information required under subsection (a) of section 1122 of title 31, United States Code, as amended by subsection (a), will leverage existing data sources while avoiding duplicative or overlapping information in presenting information relating to program activities and programs;

(ii)

indicates how any gaps in data will be assessed and addressed;

(iii)

indicates how the Director will display such data; and

(iv)

discusses how the Director will expand the information collected with respect to program activities to incorporate the information required under the amendments made by subsection (a);

(B)

sets forth details regarding a pilot program, developed in accordance with best practices for effective pilot programs—

(i)

to develop and implement a functional program inventory that could be limited in scope; and

(ii)

under which the information required under the amendments made by subsection (a) with respect to program activities shall be made available on the website required under section 1122(a) of title 31, United States Code;

(C)

establishes an implementation timeline for—

(i)

gathering and building program activity information;

(ii)

developing and implementing the pilot program;

(iii)

seeking and responding to stakeholder comments;

(iv)

developing and presenting findings from the pilot program to the appropriate congressional committees;

(v)

notifying the appropriate congressional committees regarding how program activities will be aggregated, disaggregated, or consolidated as part of identifying programs; and

(vi)

implementing a Governmentwide program inventory through an iterative approach; and

(D)

includes recommendations, if any, to reconcile the conflicting definitions of the term “program” in relevant Federal statutes, as it relates to the purpose of this section.

(3)

Implementation.—

(A)

In general.— Not later than 3 years after the date of enactment of this Act, the Director shall make available online all information required under the amendments made by subsection (a) with respect to all programs.

(B)

Extensions.— The Director may, based on an analysis of the costs of implementation, and after submitting to the appropriate congressional committees a notification of the action by the Director, extend the deadline for implementation under subparagraph (A) by not more than a total of 1 year.

(4)

Reporting.— Not later than 2 years after the date on which the Director makes available online all information required under the amendments made by subsection (a) with respect to all programs, the Comptroller General of the United States shall submit to the appropriate congressional committees a report regarding the implementation of this section and the amendments made by this section, which shall—

(A)

review how the Director and agencies determined how to aggregate, disaggregate, or consolidate program activities to provide the most useful information for an inventory of Government programs;

(B)

evaluate the extent to which the program inventory required under section 1122 of title 31, United States Code, as amended by this section, provides useful information for transparency, decision-making, and oversight;

(C)

evaluate the extent to which the program inventory provides a coherent picture of the scope of Federal investments in particular areas; and

(D)

include the recommendations of the Comptroller General, if any, for improving implementation of this section and the amendments made by this section.

(c)

Technical and Conforming Amendments.—

(1)

In general.— Section 1122 of title 31, United States Code, is amended—

(A)

in subsection (b), in the matter preceding paragraph (1), by inserting “ described in subsection (a)(2)(A)” after “ the website” each place it appears;

(B)

in subsection (c), in the matter preceding paragraph (1), by inserting “ described in subsection (a)(2)(A)” after “ the website”; and

(C)

in subsection (d)—

(i)

in the subsection heading, by striking “ on Website”; and

(ii)

in the first sentence, by striking “ on the website”.

(2)

Other amendments.—

(A)

Section 1115(a) of title 31, United States Code, is amended in the matter preceding paragraph (1) by striking “ the website provided under” and inserting “ a website described in”.

(B)

Section 10 of the GPRA Modernization Act of 2010 (31 U.S.C. 1115 note) is amended—

(i)

in subsection (a)(3), by striking “ the website described under” and inserting “ a website described in”; and

(ii)

in subsection (b)—

(I)

in paragraph (1), by striking “ the website described under” and inserting “ a website described in”; and

(II)

in paragraph (3), by striking “ the website as required under” and inserting “ a website described in”.

(C)

Section 1120(a)(5) of title 31, United States Code, is amended by striking “ the website described under” and inserting “ a website described in”.

(D)

Section 1126(b)(2)(E) of title 31, United States Code, is amended by striking “ the website of the Office of Management and Budget pursuant to” and inserting “ a website described in”.

(E)

Section 3512(a)(1) of title 31, United States Code, is amended by striking “ the website described under” and inserting “ a website described in”.

SEC. 9602. Preservation of Electronic Messages and Other Records.

(a)

Short Title.— This section may be cited as the “Electronic Message Preservation Act”.

(b)

Preservation of Electronic Messages and Other Records.—

(1)

Requirement for preservation of electronic messages.— Chapter 29 of title 44, United States Code, is amended by adding at the end the following new section:

“§ 2912. Preservation of electronic messages and other records

“(a) Regulations Required.—The Archivist shall promulgate regulations governing Federal agency preservation of electronic messages that are determined to be records. Such regulations shall, at a minimum—

“(1) require the electronic capture, management, and preservation of such electronic records in accordance with the records disposition requirements of chapter 33;

“(2) require that such electronic records are readily accessible for retrieval through electronic searches; and

“(3) include timelines for Federal agency implementation of the regulations that ensure compliance as expeditiously as practicable.

“(b) Coverage of Other Electronic Records.—To the extent practicable, the regulations promulgated under subsection (a) shall also include requirements for the capture, management, and preservation of other electronic records.

“(c) Review of Regulations Required.—The Archivist shall periodically review and, as necessary, amend the regulations promulgated under subsection (a).”

(2)

Deadline for regulations.— Not later than one year after the date of the enactment of this Act, the Archivist shall propose the regulations required under section 2912(a) of title 44, United States Code, as added by paragraph (1).

(3)

Reports on implementation of regulations.—

(A)

Agency report to archivist.— Not later than two years after the date of the enactment of this Act, the head of each Federal agency shall submit to the Archivist a report on the agency’s compliance with the regulations promulgated under section 2912 of title 44, United States Code, as added by paragraph (1), and shall make the report publicly available on the website of the agency.

(B)

Archivist report to congress.— Not later than 90 days after receipt of all reports required by subparagraph (A), the Archivist shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on Federal agency compliance with the regulations promulgated under section 2912(a) of title 44, United States Code, as added by paragraph (1), and shall make the report publicly available on the website of the agency.

(C)

Federal agency defined.— In this subsection, the term “Federal agency” has the meaning given that term in section 2901 of title 44, United States Code.

(4)

Clerical amendment.— The table of sections at the beginning of chapter 29 of title 44, United States Code, is amended by adding after the item relating to section 2911 the following new item:

“2912. Preservation of electronic messages and other records.”.

(5)

Definitions.— Section 2901 of title 44, United States Code, is amended—

(A)

by striking “ and” at the end of paragraph (14); and

(B)

by striking paragraph (15) and inserting the following new paragraphs:

“(15) the term ‘electronic messages’ means electronic mail and other electronic messaging systems that are used for purposes of communicating between individuals; and

“(16) the term ‘electronic records management system’ means software designed to manage electronic records, including by—

“(A) categorizing and locating records;

“(B) ensuring that records are retained as long as necessary;

“(C) identifying records that are due for disposition; and

“(D) ensuring the storage, retrieval, and disposition of records.”

SEC. 9603. Continuity of the Economy Plan.

(a)

Requirement.—

(1)

In general.— The President shall develop and maintain a plan to maintain and restore the economy of the United States in response to a significant event.

(2)

Principles.— The plan required under paragraph (1) shall—

(A)

be consistent with—

(i)

a free market economy; and

(ii)

the rule of law; and

(B)

respect private property rights.

(3)

Contents.— The plan required under paragraph (1) shall—

(A)

examine the distribution of goods and services across the United States necessary for the reliable functioning of the United States during a significant event;

(B)

identify the economic functions of relevant actors, the disruption, corruption, or dysfunction of which would have a debilitating effect in the United States on—

(i)

security;

(ii)

economic security;

(iii)

defense readiness; or

(iv)

public health or safety;

(C)

identify the critical distribution mechanisms for each economic sector that should be prioritized for operation during a significant event, including—

(i)

bulk power and electric transmission systems;

(ii)

national and international financial systems, including wholesale payments, stocks, and currency exchanges;

(iii)

national and international communications networks, data-hosting services, and cloud services;

(iv)

interstate oil and natural gas pipelines; and

(v)

mechanisms for the interstate and international trade and distribution of materials, food, and medical supplies, including road, rail, air, and maritime shipping;

(D)

identify economic functions of relevant actors, the disruption, corruption, or dysfunction of which would cause—

(i)

catastrophic economic loss;

(ii)

the loss of public confidence; or

(iii)

the widespread imperilment of human life;

(E)

identify the economic functions of relevant actors that are so vital to the economy of the United States that the disruption, corruption, or dysfunction of those economic functions would undermine response, recovery, or mobilization efforts during a significant event;

(F)

incorporate, to the greatest extent practicable, the principles and practices contained within Federal plans for the continuity of Government and continuity of operations;

(G)

identify—

(i)

industrial control networks for which a loss of internet connectivity, a loss of network integrity or availability, an exploitation of a system connected to the network, or another failure, disruption, corruption, or dysfunction would have a debilitating effect in the United States on—

(I)

security;

(II)

economic security;

(III)

defense readiness; or

(IV)

public health or safety; and

(ii)

for each industrial control network identified under clause (i), risk mitigation measures, including—

(I)

the installation of parallel services;

(II)

the use of stand-alone analog services; or

(III)

the significant hardening of the industrial control network against failure, disruption, corruption, or dysfunction;

(H)

identify critical economic sectors for which the preservation of data in a protected, verified, and uncorrupted status would be required for the quick recovery of the economy of the United States in the face of a significant disruption following a significant event;

(I)

include a list of raw materials, industrial goods, and other items, the absence of which would significantly undermine the ability of the United States to sustain the functions described in subparagraphs (B), (D), and (E);

(J)

provide an analysis of supply chain diversification for the items described in subparagraph (I) in the event of a disruption caused by a significant event;

(K)

include—

(i)

a recommendation as to whether the United States should maintain a strategic reserve of 1 or more of the items described in subparagraph (I); and

(ii)

for each item described in subparagraph (I) for which the President recommends maintaining a strategic reserve under clause (i), an identification of mechanisms for tracking inventory and availability of the item in the strategic reserve;

(L)

identify mechanisms in existence on the date of enactment of this Act and mechanisms that can be developed to ensure that the swift transport and delivery of the items described in subparagraph (I) is feasible in the event of a distribution network disturbance or degradation, including a distribution network disturbance or degradation caused by a significant event;

(M)

include guidance for determining the prioritization for the distribution of the items described in subparagraph (I), including distribution to States and Indian Tribes;

(N)

consider the advisability and feasibility of mechanisms for extending the credit of the United States or providing other financial support authorized by law to key participants in the economy of the United States if the extension or provision of other financial support—

(i)

is necessary to avoid severe economic degradation; or

(ii)

allows for the recovery from a significant event;

(O)

include guidance for determining categories of employees that should be prioritized to continue to work in order to sustain the functions described in subparagraphs (B), (D), and (E) in the event that there are limitations on the ability of individuals to travel to workplaces or to work remotely, including considerations for defense readiness;

(P)

identify critical economic sectors necessary to provide material and operational support to the defense of the United States;

(Q)

determine whether the Secretary of Homeland Security, the National Guard, and the Secretary of Defense have adequate authority to assist the United States in a recovery from a severe economic degradation caused by a significant event;

(R)

review and assess the authority and capability of heads of other agencies that the President determines necessary to assist the United States in a recovery from a severe economic degradation caused by a significant event; and

(S)

consider any other matter that would aid in protecting and increasing the resilience of the economy of the United States from a significant event.

(b)

Coordination.— In developing the plan required under subsection (a)(1), the President shall—

(1)

receive advice from—

(A)

the Secretary of Homeland Security;

(B)

the Secretary of Defense;

(C)

the Secretary of the Treasury;

(D)

the Secretary of Health and Human Services;

(E)

the Secretary of Commerce;

(F)

the Secretary of Transportation;

(G)

the Secretary of Energy;

(H)

the Administrator of the Small Business Administration; and

(I)

the head of any other agency that the President determines necessary to complete the plan;

(2)

consult with economic sectors relating to critical infrastructure through sector-coordinated councils, as appropriate;

(3)

consult with relevant State, Tribal, and local governments and organizations that represent those governments; and

(4)

consult with any other non-Federal entity that the President determines necessary to complete the plan.

(c)

Submission to Congress.—

(1)

In general.— Not later than 2 years after the date of enactment of this Act, and not less frequently than every 3 years thereafter, the President shall submit the plan required under subsection (a)(1) and the information described in paragraph (2) to—

(A)

the majority and minority leaders of the Senate;

(B)

the Speaker and the minority leader of the House of Representatives;

(C)

the Committee on Armed Services of the Senate;

(D)

the Committee on Armed Services of the House of Representatives;

(E)

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

(F)

the Committee on Homeland Security of the House of Representatives;

(G)

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

(H)

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

(I)

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

(J)

the Committee on Banking, Housing, and Urban Affairs of the Senate;

(K)

the Committee on Finance of the Senate;

(L)

the Committee on Financial Services of the House of Representatives;

(M)

the Committee on Small Business and Entrepreneurship of the Senate;

(N)

the Committee on Small Business of the House of Representatives;

(O)

the Committee on Energy and Natural Resources of the Senate;

(P)

the Committee on Environment and Public Works of the Senate;

(Q)

the Committee on Indian Affairs of the Senate;

(R)

the Committee on Oversight and Reform of the House of Representatives;

(S)

Committee on the Budget of the House of Representatives; and

(T)

any other committee of the Senate or the House of Representatives that has jurisdiction over the subject of the plan.

(2)

Additional information.— The information described in this paragraph is—

(A)

any change to Federal law that would be necessary to carry out the plan required under subsection (a)(1); and

(B)

any proposed changes to the funding levels provided in appropriation Acts for the most recent fiscal year that can be implemented in future appropriation Acts or additional resources necessary to—

(i)

implement the plan required under subsection (a)(1); or

(ii)

maintain any program offices and personnel necessary to—

(I)

maintain the plan required under subsection (a)(1) and the plans described in subsection (a)(3)(F); and

(II)

conduct exercises, assessments, and updates to the plans described in subclause (I) over time.

(3)

Budget of the president.— The President may include the information described in paragraph (2)(B) in the budget required to be submitted by the President under section 1105(a) of title 31, United States Code.

(d)

Definitions.— In this section:

(1)

The term “agency” has the meaning given the term in section 551 of title 5, United States Code.

(2)

The term “economic sector” means a sector of the economy of the United States.

(3)

The term “relevant actor” means—

(A)

the Federal Government;

(B)

a State, local, or Tribal government; or

(C)

the private sector.

(4)

The term “significant event” means an event that causes severe degradation to economic activity in the United States due to—

(A)

a cyber attack; or

(B)

another significant event that is natural or human-caused.

(5)

The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States.

TITLE XCVII Financial Services Matters

Subtitle A Kleptocracy Asset Recovery Rewards Act

SEC. 9701. Short Title.

The subtitle may be cited as the “Kleptocracy Asset Recovery Rewards Act”.

SEC. 9702. Sense of Congress.

It is the sense of Congress that a stolen asset recovery rewards program to help identify and recover stolen assets linked to foreign government corruption and the proceeds of such corruption hidden behind complex financial structures is needed in order to—

(1)

intensify the global fight against corruption; and

(2)

serve United States efforts to identify and recover such stolen assets, forfeit proceeds of such corruption, and, where appropriate and feasible, return the stolen assets or proceeds thereof to the country harmed by the acts of corruption.

SEC. 9703. Department of the Treasury Kleptocracy Asset Recovery Rewards Pilot Program.

(a)

Establishment.—

(1)

In general.— There is established in the Department of the Treasury a program to be known as the “Kleptocracy Asset Recovery Rewards Pilot Program” for the payment of rewards to carry out the purposes of this section.

(2)

Purpose.— The rewards program shall be designed to support U.S. Government programs and investigations aimed at restraining, seizing, forfeiting, or repatriating stolen assets linked to foreign government corruption and the proceeds of such corruption.

(3)

Implementation.— The rewards program shall be administered by the Secretary of the Treasury, with the concurrence of the Secretary of State and the Attorney General, and in consultation, as appropriate, with the heads of such other departments and agencies as the Secretary may find appropriate.

(b)

Rewards Authorized.— The Secretary of the Treasury may, with the concurrence of the Secretary of State and the Attorney General, and in consultation, as appropriate, with the heads of other relevant Federal departments and agencies, pay a reward to any individual, if that individual furnishes information leading to—

(1)

the restraining or seizure of stolen assets in an account at a U.S. financial institution (including a U.S. branch of a foreign financial institution), that come within the United States, or that come within the possession or control of any United States person;

(2)

the forfeiture of stolen assets in an account at a U.S. financial institution (including a U.S. branch of a foreign financial institution), that come within the United States, or that come within the possession or control of any United States person; or

(3)

where appropriate, the repatriation of stolen assets in an account at a U.S. financial institution (including a U.S. branch of a foreign financial institution), that come within the United States, or that come within the possession or control of any United States person.

(c)

Procedures.— To ensure that the payment of rewards pursuant to this section does not duplicate or interfere with any other payment authorized by the Department of Justice or other Federal agencies for the obtaining of information or other evidence, the Secretary of the Treasury, in consultation with the Secretary of State, the Attorney General, and the heads of such other agencies as the Secretary may find appropriate, shall establish procedures for the offering, administration, and payment of rewards under this section, including procedures for—

(1)

identifying actions with respect to which rewards will be offered;

(2)

the receipt and analysis of data; and

(3)

the payment of rewards and approval of such payments.

(d)

Payment of Rewards.—

(1)

Authorization of appropriations.— For the purpose of paying rewards pursuant to this section, there is authorized to be appropriated—

(A)

$450,000 for fiscal year 2021; and

(B)

for each fiscal year, any amount, not to exceed the amount recovered during the fiscal year in stolen assets described under subsection (b), that the Secretary determines is necessary to carry out this program consistent with this section.

(2)

Limitation on annual payments.— Except as provided under paragraph (3), the total amount of rewards paid pursuant to this section may not exceed $25 million in any calendar year.

(3)

Presidential authority.— The President may waive the limitation under paragraph (2) with respect to a calendar year if the President provides written notice of such waiver to the appropriate committees of the Congress at least 30 days before any payment in excess of such limitation is made pursuant to this section.

(4)

Priority of payments.— In paying any reward under this section, the Secretary shall, to the extent possible, make such reward payment—

(A)

first, from appropriated funds authorized under paragraph (1)(A); and

(B)

second, from appropriated funds authorized under paragraph (1)(B).

(e)

Limitations.—

(1)

Submission of information.— No award may be made under this section based on information submitted to the Secretary unless such information is submitted under penalty of perjury.

(2)

Maximum amount.— No reward paid under this section may exceed $5 million, unless the Secretary—

(A)

personally authorizes such greater amount in writing;

(B)

determines that offer or payment of a reward of a greater amount is necessary due to the exceptional nature of the case; and

(C)

notifies the appropriate committees of the Congress of such determination.

(3)

Approval.—

(A)

In general.— No reward amount may be paid under this section without the written approval of the Secretary, with the concurrence of the Secretary of State and the Attorney General.

(B)

Delegation.— The Secretary may not delegate the approval required under subparagraph (A) to anyone other than an Under Secretary of the Department of the Treasury.

(4)

Protection measures.— If the Secretary determines that the identity of the recipient of a reward or of the members of the recipient’s immediate family must be protected, the Secretary shall, consistent with applicable law, take such measures in connection with the payment of the reward as the Secretary considers necessary to effect such protection.

(5)

Forms of reward payment.— The Secretary may make a reward under this section in the form of a monetary payment.

(f)

Ineligibility, Reduction in, or Denial of Reward.—

(1)

Officer and employees.— An officer or employee of any entity of Federal, State, or local government or of a foreign government who, while in the performance of official duties, furnishes information described under subsection (b) shall not be eligible for a reward under this section.

(2)

Participating individuals.— If the claim for a reward is brought by an individual who the Secretary has a reasonable basis to believe knowingly planned, initiated, directly participated in, or facilitated the actions that led to assets of a foreign state or governmental entity being stolen, misappropriated, or illegally diverted or to the payment of bribes or other foreign governmental corruption, the Secretary shall appropriately reduce, and may deny, such award. If such individual is convicted of criminal conduct arising from the role described in the preceding sentence, the Secretary shall deny or may seek to recover any reward, as the case may be.

(g)

Report.—

(1)

In general.— Within 180 days of the enactment of this section, and annually thereafter for 3 years, the Secretary shall issue a report to the appropriate committees of the Congress—

(A)

detailing to the greatest extent possible the amount, location, and ownership or beneficial ownership of any stolen assets that, on or after the date of the enactment of this section, come within the United States or that come within the possession or control of any United States person;

(B)

discussing efforts being undertaken to identify more such stolen assets and their owners or beneficial owners; and

(C)

including a discussion of the interactions of the Department of the Treasury with the international financial institutions (as defined in section 1701(c)(2) of the International Financial Institutions Act) to identify the amount, location, and ownership, or beneficial ownership, of stolen assets held in financial institutions outside the United States.

(2)

Exception.— The report issued under paragraph (1) shall not include information related to ongoing investigations or information related to closed investigations that would reveal identities of individuals not charged with a criminal offense, would reveal identities of investigative sources or methods, would reveal identities of witnesses, would compromise subsequent investigations, or the disclosure of which is otherwise prohibited by law, the Federal Rules of Criminal Procedure, regulation, or court order.

(h)

Report on Disposition of Recovered Assets.— Within 360 days of the enactment of this Act, the Secretary of the Treasury, with the concurrence of the Secretary of State and the Attorney General, shall issue a report to the appropriate committees of Congress describing policy choices and recommendations for disposition of stolen assets recovered pursuant to this section.

(i)

Sunset of Pilot Program.— The authorities under this section, as well as the program established pursuant to this section, shall terminate three years after the date of the enactment of this Act.

(j)

Definitions.— For purposes of this section:

(1)

Appropriate committees of the congress.— The term “appropriate committees of the Congress” means the Committee on Financial Services of the House of Representatives, the Committee on Banking, Housing, and Urban Affairs of the Senate, the Committee on the Judiciary of the House of Representatives, the Committee on the Judiciary of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate.

(2)

Financial asset.— The term ‘financial asset’ means any funds, investments, or ownership interests, as defined by the Secretary, that on or after the date of the enactment of this section come within the United States or that come within the possession or control of any United States person.

(3)

Foreign government corruption.— The term “foreign government corruption” means corruption, as defined by the United Nations Convention Against Corruption.

(4)

Foreign public official.— The term “foreign public official” includes any person who occupies a public office by virtue of having been elected, appointed, or employed, including any military, civilian, special, honorary, temporary, or uncompensated official.

(5)

Immediate family member.— The term “immediate family member”, with respect to an individual, has the meaning given the term “member of the immediate family” under section 36(k) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(k)).

(6)

Rewards program.— The term “rewards program” means the program established in subsection (a)(1) of this section.

(7)

Secretary.— The term “Secretary” means the Secretary of the Treasury.

(8)

Stolen assets.— The term “stolen assets” means financial assets within the jurisdiction of the United States, constituting, derived from, or traceable to, any proceeds obtained directly or indirectly from foreign government corruption.

Subtitle B Combating Russian Money Laundering

SEC. 9711. Short Title.

This subtitle may be cited as the “Combating Russian Money Laundering Act”.

SEC. 9712. Statement of Policy.

It is the policy of the United States to—

(1)

protect the United States financial sector from abuse by malign actors; and

(2)

use all available financial tools to counter adversaries.

SEC. 9713. Sense of Congress.

It is the sense of Congress that—

(1)

the efforts of the Government of the Russian Federation, Russian state-owned enterprises, and Russian oligarchs to move and disguise the source, ownership, location, or control of illicit funds or value constitute money laundering;

(2)

such money laundering efforts could assist in the Russian Government’s ongoing political and economic influence and destabilization operations, which in turn could affect United States and European democracy, national security, and rule of law;

(3)

the Secretary of the Treasury should determine whether Russia and the financial institutions through which the Russian Government, political leaders, state-owned enterprises, and oligarchs launder money are of primary money laundering concern; and

(4)

the Secretary of the Treasury should consider the need for financial institutions and other obligated entities to apply enhanced due diligence measures to transactions with the Russian Government, political leaders, state-owned enterprises, and financial institutions.

SEC. 9714. Determination with Respect to Primary Money Laundering Concern of Russian Illicit Finance.

(a)

Determination.— If the Secretary of the Treasury determines that reasonable grounds exist for concluding that one or more financial institutions operating outside of the United States, or 1 or more classes of transactions within, or involving, a jurisdiction outside of the United States, or 1 or more types of accounts within, or involving, a jurisdiction outside of the United States is of primary money laundering concern in connection with Russian illicit finance, the Secretary of the Treasury may, by order, regulation, or otherwise as permitted by law—

(1)

require domestic financial institutions and domestic financial agencies to take 1 or more of the special measures described in section 5318A(b) of title 31, United States Code; or

(2)

prohibit, or impose conditions upon, certain transmittals of funds (to be defined by the Secretary) by any domestic financial institution or domestic financial agency, if such transmittal of funds involves any such institution, class of transaction, or type of account.

(b)

Report Required.—

(1)

In general.— Not later than 1 year after the date of enactment of this Act, the Secretary of the Treasury shall submit to the Committees on Financial Services and Foreign Affairs of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate a report that shall identify any additional regulations, statutory changes, enhanced due diligence, and reporting requirements that are necessary to better identify, prevent, and combat money laundering linked to Russia, including related to—

(A)

identifying the beneficial ownership of anonymous companies;

(B)

strengthening current, or enacting new, reporting requirements and customer due diligence requirements for the real estate sector, law firms, and other trust and corporate service providers;

(C)

enhanced know-your-customer procedures and screening for transactions involving Russian political leaders, Russian state-owned enterprises, and known Russian transnational organized crime figures; and

(D)

establishing a permanent solution to collecting information nationwide to track ownership of real estate.

(2)

Format.— The report required under this subsection shall be made available to the public, including on the website of the Department of the Treasury, but may contain a classified annex and be accompanied by a classified briefing.

(c)

Sense of Congress on International Cooperation.— It is the sense of the Congress that the Secretary of the Treasury and other relevant cabinet members (such as the Secretary of State, Secretary of Homeland Security, and Attorney General) should work jointly with European, E.U., and U.K. financial intelligence units, trade transparency units, and appropriate law enforcement authorities to present, both in the report required under subsection (b) and in future analysis of suspicious transaction reports, cash transaction reports, currency and monetary instrument reports, and other relevant data to identify trends and assess risks in the movement of illicit funds from Russia through the United States, British, and European financial systems.

Subtitle C Other Matters

SEC. 9721. Certified Notice at Completion of an Assessment.

(a)

In General.— Section 721(b)(3) of the Defense Production Act of 1950 (50 U.S.C. 4565(b)(3)) is amended—

(1)

in subparagraph (A)—

(A)

in the heading, by adding “ or assessment” at the end; and

(B)

by striking “ subsection (b) that concludes action under this section” and inserting “ this subsection that concludes action under this section, or upon the Committee making a notification under paragraph (1)(C)(v)(III)(aa)(DD)”; and

(2)

in subparagraph (C)(i)—

(A)

in subclause (I), by striking “ and” at the end;

(B)

in subclause (II), by striking the period at the end and inserting “ ; and”; and

(C)

by adding at the end the following:

“(III) whether the transaction is described under clause (i), (ii), (iii), (iv), or (v) of subsection (a)(4)(B).”

(b)

Technical Corrections.—

(1)

In general.— Section 1727(a) of the Foreign Investment Risk Review Modernization Act of 2018 (Public Law 115–232) is amended—

(A)

in paragraph (3), by striking “ (4)(C)(v)” and inserting “ (4)(F)”; and

(B)

in paragraph (4), by striking “ subparagraph (B)” and inserting “ subparagraph (C)”.

(2)

Effective date.— The amendments under paragraph (1) shall take effect on the date of enactment of the Foreign Investment Risk Review Modernization Act of 2018.

SEC. 9722. Ensuring Chinese Debt Transparency.

(a)

United States Policy at the International Financial Institutions.— The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution (as defined in section 1701(c)(2) of the International Financial Institutions Act) that it is the policy of the United States to use the voice and vote of the United States at the respective institution to seek to secure greater transparency with respect to the terms and conditions of financing provided by the government of the People’s Republic of China to any member state of the respective institution that is a recipient of financing from the institution, consistent with the rules and principles of the Paris Club.

(b)

Report Required.— The Chairman of the National Advisory Council on International Monetary and Financial Policies shall include in the annual report required by section 1701 of the International Financial Institutions Act—

(1)

a description of progress made toward advancing the policy described in subsection (a) of this section; and

(2)

a discussion of financing provided by entities owned or controlled by the government of the People’s Republic of China to the member states of international financial institutions that receive financing from the international financial institutions, including any efforts or recommendations by the Chairman to seek greater transparency with respect to the former financing.

(c)

Sunset.— Subsections (a) and (b) of this section shall have no force or effect after the earlier of—

(1)

the date that is 7 years after the date of the enactment of this Act; or

(2)

30 days after the date that the Secretary reports to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the People’s Republic of China is in substantial compliance with the rules and principles of the Paris Club.

SEC. 9723. Accountability for World Bank Loans to China.

(a)

United States Support for Graduation of China From World Bank Assistance.—

(1)

In general.— The United States Governor of the International Bank for Reconstruction and Development (in this section referred to as the “IBRD”) shall instruct the United States Executive Director at the IBRD that it is the policy of the United States to—

(A)

pursue the expeditious graduation of the People’s Republic of China from assistance by the IBRD, consistent with the lending criteria of the IBRD; and

(B)

until the graduation of China from IBRD assistance, prioritize projects in China that contribute to global public goods, to the extent practicable.

(2)

Sunset.— Paragraph (1) shall have no force or effect on or after the earlier of—

(A)

the date that is 7 years after the date of the enactment of this Act; or

(B)

the date that the Secretary of the Treasury reports to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that termination of paragraph (1) is important to the national interest of the United States, with a detailed explanation of the reasons therefor.

(b)

Accountability for World Bank Loans to the People’s Republic of China.—

(1)

In general.— Not later than 180 days after the date of the enactment of this Act, the United States Governor of the IBRD shall submit the report described in paragraph (2) to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate.

(2)

Report described.— The report described in this paragraph shall include the following:

(A)

A detailed description of the efforts of the United States Governor of the IBRD to enforce the timely graduation of countries from the IBRD, with a particular focus on the efforts with regard to the People’s Republic of China.

(B)

If the People’s Republic of China is a member country of the IBRD, an explanation of any economic or political factors that have prevented the graduation of the People’s Republic of China from the IBRD.

(C)

A discussion of any effects resulting from fungibility and IBRD lending to China, including the potential for IBRD lending to allow for funding by the government of the People’s Republic of China of activities that may be inconsistent with the national interest of the United States.

(D)

An action plan to help ensure that the People’s Republic of China graduates from the IBRD within 2 years after submission of the report, consistent with the lending eligibility criteria of the IBRD.

(3)

Waiver of requirement that report include action plan.— The Secretary of the Treasury may waive the requirement of paragraph (2)(D) on reporting to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that the waiver is important to the national interest of the United States, with a detailed explanation of the reasons therefor.

(c)

Ensuring Debt Transparency With Respect to the Belt and Road Initiative.— Within 180 days after the date of the enactment of this Act, the Secretary of the Treasury shall, in consultation with the Secretary of State, submit to the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report (which should be submitted in unclassified form but may include a classified annex) that includes the following:

(1)

An assessment of the level of indebtedness of countries receiving assistance through the Belt and Road Initiative that are also beneficiary countries of the international financial institutions, including the level and nature of indebtedness to the People’s Republic of China or an entity owned or controlled by the government of the People’s Republic of China.

(2)

An analysis of debt management assistance provided by the World Bank, the International Monetary Fund, and the Office of Technical Assistance of the Department of the Treasury to borrowing countries of the Belt and Road Initiative of the People’s Republic of China (or any comparable initiative or successor initiative of China).

(3)

An assessment of the effectiveness of United States efforts, including bilateral efforts and multilateral efforts, at the World Bank, the International Monetary Fund, other international financial institutions and international organizations to promote debt transparency.

SEC. 9724. Fairness for Taiwan Nationals Regarding Employment at International Financial Institutions.

(a)

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

(1)

Taiwan is responsible for remarkable achievements in economic and democratic development, with its per capita gross domestic product rising in purchasing power parity terms from $3,470 in 1980 to more than $55,000 in 2018;

(2)

the experience of Taiwan in creating a vibrant and advanced economy under democratic governance and the rule of law can inform the work of the international financial institutions, including through the contributions and insights of Taiwan nationals; and

(3)

Taiwan nationals who seek employment at the international financial institutions should not be held at a disadvantage in hiring because the economic success of Taiwan has rendered it ineligible for financial assistance from such institutions.

(b)

In General.— The Secretary of the Treasury shall instruct the United States Executive Director at each international financial institution to use the voice and vote of the United States to seek to ensure that Taiwan nationals are not discriminated against in any employment decision by the institution, including employment through consulting or part-time opportunities, on the basis of—

(1)

whether they are citizens or nationals of, or holders of a passport issued by, a member country of, or a state or other jurisdiction that receives assistance from, the international financial institution; or

(2)

any other consideration that, in the determination of the Secretary, unfairly disadvantages Taiwan nationals with respect to employment at the institution.

(c)

Waiver Authority.— The Secretary of the Treasury may waive subsection (b) for not more than 1 year at a time after reporting to the Committee on Financial Services of the House of Representatives and the Committee on Foreign Relations of the Senate that providing the waiver—

(1)

will substantially promote the objective of equitable treatment for Taiwan nationals at the international financial institutions; or

(2)

is in the national interest of the United States, with a detailed explanation of the reasons therefor.

(d)

Progress Report.— The Chairman of the National Advisory Council on International Monetary and Financial Policies shall submit to the committees specified in subsection (c) an annual report, in writing, that describes the progress made toward advancing the policy described in subsection (b), and a summary of employment trends with respect to Taiwan nationals at the international financial institutions.

(e)

International Financial Institution Defined.— In this section, the term “international financial institutions” has the meaning given the term in section 1701(c)(2) of the International Financial Institutions Act (22 U.S.C. 262r(c)(2)).

(f)

Sunset.— The preceding provisions of this section shall have no force or effect beginning on the earlier of—

(1)

the date that is 7 years after the date of the enactment of this Act; or

(2)

the date that the Secretary of the Treasury reports to the committees specified in subsection (c) that each international financial institution has adopted the policy described in subsection (b).

TITLE XCIX Creating Helpful Incentives to Produce Semiconductors for America

SEC. 9901. Definitions.

In this title:

(1)

The term “appropriate committees of Congress” means—

(A)

the Select Committee on Intelligence, the Committee on Energy and Natural Resources, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Appropriations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Homeland Security and Governmental Affairs, and the Committee on Finance of the Senate; and

(B)

the Permanent Select committee on Intelligence, the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Science, Space, and Technology, the Committee on Appropriations, the Committee on Financial Services, the Committee on Homeland Security, and the Committee on Ways and Means of the House of Representatives..

(2)

The term “covered entity” means a private entity, a consortium of private entities, or a consortium of public and private entities with a demonstrated ability to substantially finance, construct, expand, or modernize a facility relating to fabrication, assembly, testing, advanced packaging, or research and development of semiconductors.

(3)

The term “covered incentive”:

(A)

means an incentive offered by a governmental entity to a covered entity for the purposes of constructing within the jurisdiction of the governmental entity, or expanding or modernizing an existing facility within that jurisdiction, a facility described in paragraph (2); and

(B)

a workforce-related incentive (including a grant agreement relating to workforce training or vocational education), any concession with respect to real property, funding for research and development with respect to semiconductors, and any other incentive determined appropriate by the Secretary, in consultation with the Secretary of State.

(4)

The term “person” includes an individual, partnership, association, corporation, organization, or any other combination of individuals.

(5)

The term “foreign entity”—

(A)

means—

(i)

a government of a foreign country and a foreign political party;

(ii)

a natural person who is not a lawful permanent resident of the United States, citizen of the United States, or any other protected individual (as such term is defined in section 274B(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1324b(a)(3)); or

(iii)

a partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a foreign country; and

(B)

includes—

(i)

any person owned by, controlled by, or subject to the jurisdiction or direction of a an entity listed in subparagraph (A);

(ii)

any person, wherever located, who acts as an agent, representative, or employee of an entity listed in subparagraph (A);

(iii)

any person who acts in any other capacity at the order, request, or under the direction or control, of an entity listed in subparagraph (A), or of a person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in majority part by an entity listed in subparagraph (A);

(iv)

any person who directly or indirectly through any contract, arrangement, understanding, relationship, or otherwise, owns 25 percent or more of the equity interests of an entity listed in subparagraph (A);

(v)

any person with significant responsibility to control, manage, or direct an entity listed in subparagraph (A);

(vi)

any person, wherever located, who is a citizen or resident of a country controlled by an entity listed in subparagraph (A); or

(vii)

any corporation, partnership, association, or other organization organized under the laws of a country controlled by an entity listed in subparagraph (A).

(6)

The term “foreign entity of concern” means any foreign entity that is—

(A)

designated as a foreign terrorist organization by the Secretary of State under section 219 of the Immigration and Nationality Act (8 U.S.C. 1189);

(B)

included on the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury;

(C)

owned by, controlled by, or subject to the jurisdiction or direction of a government of a foreign country that is listed in section 2533c of title 10, United States Code; or

(D)

alleged by the Attorney General to have been involved in activities for which a conviction was obtained under—

(i)

chapter 37 of title 18, United States Code (commonly known as the “Espionage Act”) (18 U.S.C. 792 et seq.);

(ii)

section 951 or 1030 of title 18, United States Code;

(iii)

chapter 90 of title 18, United States Code (commonly known as the “Economic Espionage Act of 1996”);

(iv)

the Arms Export Control Act (22 U.S.C. 2751 et seq.);

(v)

sections 224, 225, 226, 227, or 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2274–2278; 2284);

(vi)

the Export Control Reform Act of 2018 (50 U.S.C. 4801 et seq.); or

(vii)

the International Economic Emergency Powers Act (50 U.S.C. 1701 et seq.); or

(E)

determined by the Secretary, in consultation with the Secretary of Defense and the Director of National Intelligence, to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the United States under this Act.

(7)

The term “governmental entity” means a State or local government.

(8)

The term “Secretary” means the Secretary of Commerce.

(9)

The term “semiconductor” has the meaning given that term by the Secretary.

SEC. 9902. Semiconductor Incentives.

(a)

Financial Assistance Program.—

(1)

In general.— The Secretary shall establish in the Department of Commerce a program that, in accordance with the requirements of this section and subject to the availability of appropriations for such purposes, provides Federal financial assistance to covered entities to incentivize investment in facilities and equipment in the United States for semiconductor fabrication, assembly, testing, advanced packaging, or research and development.

(2)

Procedure.—

(A)

In general.— A covered entity shall submit to the Secretary an application that describes the project for which the covered entity is seeking financial assistance under this section.

(B)

Eligibility.— In order for a covered entity to qualify for financial assistance under this section, the covered entity shall demonstrate to the Secretary, in the application submitted by the covered entity under subparagraph (A), that—

(i)

the covered entity has a documented interest in constructing, expanding, or modernizing a facility described in paragraph (1); and

(ii)

with respect to the project described in clause (i), the covered entity has—

(I)

been offered a covered incentive;

(II)

made commitments to worker and community investment, including through—

(aa)

training and education benefits paid by the covered entity; and

(bb)

programs to expand employment opportunity for economically disadvantaged individuals; and

(III)

secured commitments from regional educational and training entities and institutions of higher education to provide workforce training, including programming for training and job placement of economically disadvantaged individuals; and

(IV)

an executable plan to sustain the facility described in clause (i) without additional Federal financial assistance under this subsection for facility support.

(C)

Considerations for review.— With respect to the review by the Secretary of an application submitted by a covered entity under subparagraph (A)—

(i)

the Secretary may not approve the application unless the Secretary—

(I)

confirms that the covered entity has satisfied the eligibility criteria under subparagraph (B);

(II)

determines that the project to which the application relates is in the interest of the United States; and

(III)

has notified the appropriate committees of Congress not later than 15 days before making any commitment to provide a grant to any covered entity that exceeds $10,000,000; and

(ii)

the Secretary may consider whether—

(I)

the covered entity has previously received financial assistance made under this subsection;

(II)

the governmental entity offering the applicable covered incentive has benefitted from financial assistance previously provided under this subsection;

(III)

the covered entity has demonstrated that they are responsive to the national security needs or requirements established by the Intelligence Community (or an agency thereof), the National Nuclear Security Administration, or the Department of Defense; and

(IV)

when practicable, a consortium that is considered a covered entity includes a small business concern, as defined under section 3 of the Small Business Act (15 U.S.C. 632), notwithstanding section 121.103 of title 13, Code of Federal Regulations; and

(iii)

the Secretary may not approve an application if the Secretary determines that the covered entity is a foreign entity of concern.

(D)

Records.— The Secretary may request records and information from the applicant to review the status of a covered entity. The applicant shall provide the records and information requested by the Secretary.

(3)

Amount.—

(A)

In general.— The Secretary shall determine the appropriate amount and funding type for each financial assistance award made to a covered entity under this subsection.

(B)

Larger investment.— Federal investment in any individual project shall not exceed $3,000,000,000 unless the Secretary, in consultation with the Secretary of Defense and the Director of National Intelligence, recommends to the President, and the President certifies and reports to the appropriate committees of Congress, that a larger investment is necessary to—

(i)

significantly increase the proportion of reliable domestic supply of semiconductors relevant for national security and economic competitiveness that can be met through domestic production; and

(ii)

meet the needs of national security.

(4)

Use of funds.— A covered entity that receives a financial assistance award under this subsection may only use the financial assistance award amounts to—

(A)

finance the construction, expansion, or modernization of a facility or equipment to be used for semiconductors described in paragraph (1), as documented in the application submitted by the covered entity under paragraph (2)(B), as determined necessary by the Secretary for purposes relating to the national security and economic competitiveness of the United States;

(B)

support workforce development for a facility described in subparagraph (A);

(C)

support site development and modernization for a facility described in subparagraph (A); and

(D)

pay reasonable costs related to the operating expenses for a facility described in subparagraph (A), including specialized workforce, essential materials, and complex equipment maintenance, as determined by the Secretary.

(5)

Clawback.—

(A)

Target dates.— For all major awards to covered entities, the Secretary shall—

(i)

determine target dates by which a project shall commence and complete; and

(ii)

set these dates by the time of award.

(B)

Progressive recovery for delays.— If the project does not commence and complete by the set target dates in (A), the Secretary shall progressively recover up to the full amount of an award provided to a covered entity under this subsection.

(C)

Technology clawback.— The Secretary shall recover the full amount of an award provided to a covered entity under this subsection if, during the applicable term with respect to the award, the covered entity knowingly engages in any joint research or technology licensing effort—

(i)

with a foreign entity of concern; and

(ii)

that relates to a technology or product that raises national security concerns, as determined by the Secretary and communicated to the covered entity before engaging in such joint research or technology licensing.

(D)

Waiver.— In the case of delayed projects, the Secretary may waive elements of the clawback provisions incorporated in each major award after—

(i)

making a formal determination that circumstances beyond the ability of the covered entity to foresee or control are responsible for delays; and

(ii)

submitting congressional notification.

(E)

Congressional notification.— The Secretary shall notify appropriate committees of Congress—

(i)

of the clawback provisions attending each such major award; and

(ii)

of any waivers provided, not later than 15 days after the date on which such a waiver was provided.

(b)

Coordination Required.— In carrying out the program established under subsection (a), the Secretary shall coordinate with the Secretary of State, the Secretary of Defense, the Secretary of Homeland Security, the Secretary of Energy, and the Director of National Intelligence.

(c)

GAO Reviews.— The Comptroller General of the United States shall—

(1)

not later than 2 years after the date of disbursement of the first financial award under subsection (a), and biennially thereafter for 10 years, conduct a review of the program established under subsection (a), which shall include, at a minimum—

(A)

a determination of the number of instances in which financial assistance awards were provided under that subsection during the period covered by the review;

(B)

an evaluation of how—

(i)

the program is being carried out, including how recipients of financial assistance awards are being selected under the program; and

(ii)

other Federal programs are leveraged for manufacturing, research, and training to complement the financial assistance awards awarded under the program; and

(C)

a description of the outcomes of projects supported by awards made under the program, including a description of—

(i)

facilities described in subsection (a)(1) that were constructed, expanded, or modernized as a result of awards made under the program;

(ii)

research and development carried out with awards made under the program;

(iii)

workforce training programs carried out with awards made under the program, including efforts to hire individuals from disadvantaged populations; and

(iv)

the impact of projects on the United States share of global microelectronics production; and

(2)

submit to the appropriate committees of Congress the results of each review conducted under paragraph (1).

SEC. 9903. Department of Defense.

(a)

Department of Defense Efforts.—

(1)

In general.— Subject to the availability of appropriations for such purposes, the Secretary of Defense, in consultation with the Secretary of Commerce, the Secretary of Energy, the Secretary of Homeland Security, and the Director of National Intelligence, shall establish a public-private partnership through which the Secretary shall work to incentivize the formation of one or more consortia of companies (or other such partnerships of private-sector entities, as appropriate) to ensure the development and production of measurably secure microelectronics, including integrated circuits, logic devices, memory, and the packaging and testing practices that support these microelectronic components by the Department of Defense, the intelligence community, critical infrastructure sectors, and other national security applications. Such incentives may include the use of grants under section 9902, and providing incentives for the creation, expansion, or modernization of one or more commercially competitive and sustainable microelectronics manufacturing or advanced research and development facilities in the United States.

(2)

Risk mitigation requirements.— A participant in a consortium formed with incentives under paragraph (1)—

(A)

shall have the potential to enable design, perform fabrication, assembly, package, or test functions for microelectronics deemed critical to national security as defined by the National Security Advisor and the Secretary of Defense;

(B)

may be a fabless company migrating its designs to the facility envisioned in paragraph (1) or migrating to an existing facility onshore;

(C)

may be companies, including fabless companies and companies that procure large quantities of microelectronics, willing to co-invest to achieve the objectives set forth in paragraph (1);

(D)

shall include management processes to identify and mitigate supply chain security risks; and

(E)

shall be capable of providing microelectronic components that are consistent with applicable measurably secure supply chain and operational security standards established under section 224(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).

(3)

National security considerations.— The Secretary of Defense and the Director of National Intelligence shall select participants for each consortium and or partnership formed with incentives under paragraph (1). In selecting such participants, the Secretary and the Director may jointly consider whether the companies—

(A)

have participated in previous programs and projects of the Department of Defense, Department of Energy, or the intelligence community, including—

(i)

the Trusted Integrated Circuit program of the Intelligence Advanced Research Projects Activity;

(ii)

trusted and assured microelectronics projects, as administered by the Department of Defense;

(iii)

the Electronics Resurgence Initiative program of the Defense Advanced Research Projects Agency; or

(iv)

relevant semiconductor research programs of the Advanced Research Projects Agency–Energy;

(B)

have demonstrated an ongoing commitment to performing contracts for the Department of Defense and the intelligence community;

(C)

are approved by the Defense Counterintelligence and Security Agency or the Office of the Director of National Intelligence as presenting an acceptable security risk, taking into account supply chain assurance vulnerabilities, counterintelligence risks, and any risks presented by companies whose beneficial owners are located outside the United States; and

(D)

are evaluated periodically for foreign ownership, control, or influence by a foreign entity of concern.

(4)

Nontraditional defense contractors and commercial entities.— Arrangements entered into to carry out paragraph (1) shall be in such form as the Secretary of Defense determines appropriate to encourage industry participation of nontraditional defense contractors or commercial entities and may include a contract, a grant, a cooperative agreement, a commercial agreement, the use of other transaction authority under section 2371 of title 10, United States Code, or another such arrangement.

(5)

Implementation.— Subject to the availability of appropriations for such purposes, the Secretary of Defense—

(A)

shall carry out paragraph (1) jointly through the Office of the Under Secretary of Defense for Research and Engineering and the Office of the Under Secretary of Defense for Acquisition and Sustainment; and

(B)

may carry out paragraph (1) in collaboration with any such other component of the Department of Defense as the Secretary of Defense considers appropriate.

(6)

Other initiatives.—

(A)

Required initiatives.— Subject to the availability of appropriations for such purposes, the Secretary of Defense, in consultation with the Secretary of Energy and the Administrator of the National Nuclear Security Administration, as appropriate, may dedicate initiatives within the Department of Defense to carry out activities to advance radio frequency, mixed signal, radiation tolerant, and radiation hardened microelectronics that support national security and dual-use applications.

(B)

Support plan required.— The Secretary of Defense, in consultation with the heads of appropriate departments and agencies of the Federal Government, shall develop a plan, including assessment of resource requirements and designation of responsible officials, for the maintenance of capabilities to produce trusted and assured microelectronics to support current and legacy defense systems, other government systems essential for national security, and critical infrastructure of the United States, especially for items with otherwise limited commercial demand.

(C)

Assessment of public private partnerships and activities.— In conjunction with the activities carried out under this section, the Secretary of Defense shall enter into an agreement with the National Academies of Science, Engineering, and Medicine to undertake a study to make recommendations and provide policy options for optimal public-private partnerships and partnership activities, including an analysis of establishing a semiconductor manufacturing corporation to leverage private sector technical, managerial, and investment expertise, and private capital, as well as an assessment of and response to the industrial policies of other nations to support industries in similar critical technology sectors, and deliver such study to the congressional defense committees not later than October 1, 2022.

(7)

Reports.—

(A)

Report by secretary of defense.— Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the plans of the Secretary to carry out paragraphs (1) and (6).

(B)

Biennial reports by comptroller general of the united states.— Not later than one year after the date on which the Secretary submits the report required by subparagraph (A) and not less frequently than once every two years thereafter for a period of 10 years, the Comptroller General of the United States shall submit to Congress a report on the activities carried out under this subsection.

(b)

National Network for Microelectronics Research and Development.—

(1)

In general.— Subject to the availability of appropriations for such purposes, the Secretary of Defense may establish a national network for microelectronics research and development—

(A)

to enable the laboratory to fabrication transition of microelectronics innovations in the United States; and

(B)

to expand the global leadership in microelectronics of the United States.

(2)

Activities.— The national network for microelectronics research and development shall—

(A)

enable cost effective exploration of new materials, devices, and architectures, and prototyping in domestic facilities to safeguard domestic intellectual property;

(B)

accelerate the transition of new technologies to domestic microelectronics manufacturers; and

(C)

conduct other relevant activities deemed necessary by the Secretary of Defense for accomplishing the purposes of the national network for microelectronics research and development.

SEC. 9904. Department of Commerce Study on Status of Microelectronics Technologies in the United States Industrial Base.

(a)

In General.— Beginning not later than 180 days after the date of the enactment of this Act, the Secretary, in consultation with the heads of other Federal departments and agencies, as appropriate, including the Secretary of Defense, Secretary of Homeland Security, and the Secretary of Energy, shall undertake a review, which shall include a survey, using authorities in section 705 of the Defense Production Act of 1950 (50 U.S.C. 4555), to assess the capabilities of the United States industrial base to support the national defense in light of the global nature of the supply chain and significant interdependencies between the United States industrial base and the industrial bases of foreign countries with respect to the manufacture, design, and end use of microelectronics.

(b)

Response to Survey.— To the extent authorized by section 705 of the Defense Production Act of 1950 (50 U.S.C. 4555) and section 702 of title 15, Code of Federal Regulations, the Secretary shall ensure all relevant potential respondents reply to the survey, including the following:

(1)

Corporations, partnerships, associations, or any other organized groups domiciled and with substantial operations in the United States.

(2)

Corporations, partnerships, associations, or any other organized groups with a physical presence of any kind in the United States.

(3)

Foreign domiciled corporations, partnerships, associations, or any other organized groups with a physical presence of any kind in the United States.

(c)

Information Requested.— To the extent authorized by section 705 of the Defense Production Act of 1950 (50 U.S.C. 4555) and section 702 of title 15, Code of Federal Regulations, the information sought from a responding entity specified in subsection (b) shall include, at minimum, information on the following with respect to the manufacture, design, or end use of microelectronics by such entity:

(1)

An identification of the geographic scope of operations.

(2)

Information on relevant cost structures.

(3)

An identification of types of microelectronics development, manufacture, assembly, test, and packaging equipment in operation at such an entity.

(4)

An identification of all relevant intellectual property, raw materials, and semi-finished goods and components sourced domestically and abroad by such an entity.

(5)

Specifications of the microelectronics manufactured or designed by such an entity, descriptions of the end-uses of such microelectronics, and a description of any technical support provided to end-users of such microelectronics by such an entity.

(6)

Information on domestic and export market sales by such an entity.

(7)

Information on the financial performance, including income and expenditures, of such an entity.

(8)

A list of all foreign and domestic subsidies, and any other financial incentives, received by such an entity in each market in which such entity operates.

(9)

A list of regulatory or other informational requests about the respondents’ operations, sales, or other proprietary information by the People’s Republic of China entities under its direction or officials of the Chinese Communist Party, a description of the nature of each request, and the type of information provided.

(10)

Information on any joint ventures, technology licensing agreements, and cooperative research or production arrangements of such an entity.

(11)

A description of efforts by such an entity to evaluate and control supply chain risks.

(12)

A list and description of any sales, licensing agreements, or partnerships between such an entity and the People’s Liberation Army or People’s Armed Police, including any business relationships with entities through which such sales, licensing agreements, or partnerships may occur.

(d)

Report.—

(1)

In general.— The Secretary shall, in consultation with the heads of other appropriate Federal departments and agencies, as appropriate, including the Secretary of Defense, Secretary of Homeland Security, and Secretary of Energy, submit to Congress a report on the results of the review required by subsection (a). The report shall include the following:

(A)

An assessment of the results of the review.

(B)

A list of critical technology areas impacted by potential disruptions in production of microelectronics, and a detailed description and assessment of the impact of such potential disruptions on such areas.

(C)

A description and assessment of gaps and vulnerabilities in the microelectronics supply chain and the national industrial supply base.

(2)

Form.— The report required by paragraph (1) may be submitted in classified form.

SEC. 9905. Funding for Development and Adoption of Measurably Secure Semiconductors and Measurably Secure Semiconductors Supply Chains.

(a)

Multilateral Semiconductors Security Fund.—

(1)

Establishment of fund.— The Secretary of the Treasury is authorized to establish a trust fund, to be known as the “Multilateral Semiconductors Security Fund” (in this section referred to as the “Fund”), consisting of any appropriated funds credited to the Fund for such purpose.

(2)

Reporting requirement.— If the Fund authorized under subsection (a)(1) is not established, 180 days after the date of the enactment of this Act and annually thereafter until such Fund is established, the Secretary of the Treasury, in coordination with the Secretary of State, shall provide, in writing, to the appropriate committees of Congress a rationale for not establishing the Fund.

(3)

Investment of amounts.—

(A)

Investment of amounts.— If the Fund authorized under subsection (a)(1) is established, the Secretary of the Treasury shall invest such portion of the Fund as is not required to meet current withdrawals in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States.

(B)

Interest and proceeds.— The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund.

(4)

Use of fund.—

(A)

In general.— Subject to subparagraph (B), amounts in the Fund shall be available, as provided in advance in an appropriations Act, to the Secretary of State—

(i)

to provide funding through the common funding mechanism described in subsection (b)(1) to support the development and adoption of measurably secure semiconductors and measurably secure semiconductors supply chains; and

(ii)

to otherwise carry out this section.

(B)

Availability contingent on international arrangement or agreement.—

(i)

In general.— Amounts in the Fund shall be available to the Secretary of State, subject to appropriation, on and after the date on which the Secretary of State enters into an arrangement or agreement with the governments of countries that are partners of the United States to participate in the common funding mechanism under paragraph (1) of subsection (b).

(ii)

Consultation.— Before entering into an arrangement or agreement as described clause (i), the Secretary of State, in consultation with the Secretary of Commerce, shall ensure any partner government maintains export control licensing policies on semiconductor technology substantively equivalent to the United States with respect to restrictions on such exports to the People’s Republic of China.

(b)

Common Funding Mechanism for Development and Adoption of Measurably Secure Semiconductors and Measurably Secure Semiconductors Supply Chains.—

(1)

In general.— The Secretary of State, in consultation with the Secretary of Commerce, the Secretary of Defense, the Secretary of Homeland Security, the Secretary of the Treasury, the Secretary of Energy, and the Director of National Intelligence, is authorized to establish a common funding mechanism, in coordination with foreign partners, that uses amounts from the Fund to support the development and adoption of secure semiconductors and secure semiconductors supply chains, including for use in research and development collaborations among partner countries participating in the common funding mechanism. In establishing and sustaining a common funding mechanism, the Secretary of State should leverage United States funding in order to secure contributions and commitments from trusted foreign partners, including cost sharing and other cooperative measures leading to the development and adoption of secure semiconductors and secure microelectronic supply chains.

(2)

Commitments.— In creating and sustaining a common funding mechanism described in paragraph (1), the Secretary of State should promote efforts among foreign partners to—

(A)

establish transparency requirements for any subsidies or other financial benefits (including revenue foregone) provided to semiconductors firms located in or outside such countries;

(B)

establish consistent policies with respect to countries that—

(i)

are not participating in the common funding mechanism; and

(ii)

do not meet transparency requirements established under subparagraph (A);

(C)

promote harmonized treatment of semiconductors and verification processes for items being exported to a country considered a national security risk by a country participating in the common funding mechanism;

(D)

establish consistent policies and common external policies to address nonmarket economies as the behavior of such countries pertains to semiconductors;

(E)

align policies on supply chain integrity and semiconductors security, including with respect to protection and enforcement of intellectual property rights; and

(F)

promote harmonized foreign direct investment screening measures and export control policies with respect to semiconductors to align with national, multilateral, and plurilateral security priorities.

(c)

Annual Report to Congress.— Not later than one year after the date of the enactment of this Act, and annually thereafter for each fiscal year during which amounts in the Fund are available under subsection (a)(4), the Secretary of State shall submit to the appropriate committees of Congress a report on the status of the implementation of this section that includes a description of—

(1)

any commitments made by the governments of countries that have entered into an arrangement or agreement with the United States to provide funding for the common funding mechanism described in subsection (b)(1) and the specific amount so committed and other cooperative measures being taken by such countries as part of the common funding mechanism;

(2)

the criteria established for expenditure of funds through the common funding mechanism;

(3)

how, and to whom, amounts have been expended from the Fund and a description of progress made utilizing the Fund to support the objectives described in subsection (b)(1);

(4)

amounts remaining in the Fund;

(5)

the progress of the Secretary of State toward entering into an arrangement or agreement with the governments of countries that are partners of the United States to participate in the common funding mechanism and the commitments described in subsection (b)(2); and

(6)

any additional authorities needed to enhance the effectiveness of the Fund in achieving the security goals of the United States.

(d)

Notifications to Be Provided by the Fund.—

(1)

In general.— Not later than 15 days prior to the Fund making a financial commitment associated with the provision of expenditures under subsection (a)(4)(A) in an amount in excess of $1,000,000, the Secretary of State shall submit to the appropriate committees of Congress report in writing that contains the information required by paragraph (2).

(2)

Information required.— The information required by this subsection includes—

(A)

the amount of each such expenditure;

(B)

an identification of the recipient or beneficiary; and

(C)

a description of the project or activity and the purpose to be achieved by an expenditure of the Fund.

(3)

Arrangements or agreements.— The Secretary of State shall notify the appropriate committees of Congress not later than 30 days after entering into a new bilateral or multilateral arrangement or agreement described in subsection (a)(4)(B).

SEC. 9906. Advanced Microelectronics Research and Development.

(a)

Subcommittee on Microelectronics Leadership.—

(1)

Establishment required.— The President shall establish in the National Science and Technology Council a subcommittee on matters relating to leadership and competitiveness of the United States in microelectronics technology and innovation (in this section referred to as the “Subcommittee)”.

(2)

Membership.— The Subcommittee shall be composed of the following members:

(A)

The Secretary of Defense.

(B)

The Secretary of Energy.

(C)

The Director of the National Science Foundation.

(D)

The Secretary of Commerce.

(E)

The Secretary of State.

(F)

The Secretary of Homeland Security.

(G)

The United States Trade Representative.

(H)

The Director of National Intelligence.

(I)

The heads of such other departments and agencies of the Federal Government as the President determines appropriate.

(3)

Duties.— The duties of the Subcommittee are as follows:

(A)

National strategy on microelectronics research.—

(i)

In general.— In consultation with the advisory committee established in (b), and other appropriate stakeholders in the microelectronics industry and academia, the Subcommittee shall develop a national strategy on microelectronics research, development, manufacturing, and supply chain security to—

(I)

accelerate the domestic development and production of microelectronics and strengthen the domestic microelectronics workforce; and

(II)

ensure that the United States is a global leader in the field of microelectronics research and development.

(ii)

Elements.— The strategy developed under this subparagraph shall address—

(I)

activities that may be carried out to strengthen engagement and outreach between the Department of Defense and industry, academia, international partners of the United States, and other departments and agencies of the Federal Government on issues relating to microelectronics;

(II)

priorities for research and development to accelerate the advancement and adoption of innovative microelectronics and new uses of microelectronics and components;

(III)

the role of diplomacy and trade in maintaining the position of the United States as a global leader in the field of microelectronics;

(IV)

the potential role of a Federal laboratory, center, or incubator exclusively focused on the research and development of microelectronics, as described in section 231(b)(15) of the National Defense Authorization Act for Fiscal Year 2017 (as added by section 276 of this Act) in carrying out the strategy and plan required under this subparagraph; and

(V)

such other activities as the Subcommittee determines may be appropriate to overcome future challenges to the innovation, competitiveness, and supply chain integrity of the United States in the field of microelectronics.

(B)

Fostering coordination of research and development.— The Subcommittee shall coordinate microelectronics related research, development, manufacturing, and supply chain security activities and budgets of Federal agencies and ensure such activities are consistent with the strategy required under subparagraph (A).

(C)

Reporting and updates.—

(i)

Progress briefing.— Not later than one year after the date of the enactment of this Act, the President shall provide to the appropriate committees of Congress a briefing on the progress of the Subcommittee in developing the strategy required under subparagraph (A).

(ii)

Strategy update.— Not less frequently than once every 5 years, the Subcommittee shall update the strategy developed under subparagraph (A) and submit the revised strategy to the appropriate committees of Congress.

(4)

Sunset.— The Subcommittee shall terminate on the date that is 10 years after the date of the enactment of this Act.

(b)

Industrial Advisory Committee.—

(1)

Establishment.— The Secretary of Commerce, in consultation with the Secretary of Defense, the Secretary of Energy, and the Secretary of Homeland Security, shall establish an advisory committee to be composed of not fewer than 12 members, including representatives of industry, federal laboratories, and academic institutions, who are qualified to provide advice to the United States Government on matters relating to microelectronics research, development, manufacturing, and policy.

(2)

Duties.— The advisory committee shall assess and provide guidance to the United States Government on—

(A)

science and technology needs of the nation’s domestic microelectronics industry;

(B)

the extent to which the strategy developed under subsection (a)(3) is helping maintain United States leadership in microelectronics manufacturing;

(C)

assessment of the research and development programs and activities authorized under this section; and

(D)

opportunities for new public-private partnerships to advance microelectronics research, development, and domestic manufacturing.

(3)

FACA exemption.— Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the advisory committee established under this subsection.

(c)

National Semiconductor Technology Center.—

(1)

Establishment.— Subject to the availability of appropriations for such purpose, the Secretary of Commerce, in collaboration with the Secretary of Defense, shall establish a national semiconductor technology center to conduct research and prototyping of advanced semiconductor technology to strengthen the economic competitiveness and security of the domestic supply chain. Such center shall be operated as a public private-sector consortium with participation from the private sector, the Department of Energy, and the National Science Foundation.

(2)

Functions.— The functions of the center established under paragraph (1) shall be as follows:

(A)

To conduct advanced semiconductor manufacturing, design and packaging research, and prototyping that strengthens the entire domestic ecosystem and is aligned with the strategy required under subsection (a)(3)(A) with emphasis on the following:

(i)

Semiconductor advanced test, assembly, and packaging capability in the domestic ecosystem.

(ii)

Materials characterization, instrumentation and testing for next generation microelectronics.

(iii)

Virtualization and automation of maintenance of semiconductor machinery.

(iv)

Metrology for security and supply chain verification.

(B)

To establish an investment fund, in partnership with the private sector, to support startups and collaborations between startups, academia, established companies, and new ventures, with the goal of commercializing innovations that contribute to the domestic semiconductor ecosystem, including—

(i)

advanced metrology and characterization for manufacturing of microchips using 3 nanometer transistor processes or more advanced processes; and

(ii)

metrology for security and supply chain verification.

(C)

To work with the Secretary of Labor, the Director of the National Science Foundation, the Secretary of Energy, the private sector, institutions of higher education, and workforce training entities to incentivize and expand participation in graduate and undergraduate programs, and develop workforce training programs and apprenticeships, in advanced microelectronic design, research, fabrication, and packaging capabilities.

(d)

National Advanced Packaging Manufacturing Program.— Subject to the availability of appropriations for such purpose, the Secretary of Commerce shall establish a National Advanced Packaging Manufacturing Program led by the Director of the National Institute of Standards and Technology, in coordination with the national semiconductor technology center established under subsection (c), to strengthen semiconductor advanced test, assembly, and packaging capability in the domestic ecosystem, and which shall coordinate with the Manufacturing USA institute established under subsection (f), if applicable.

(e)

Microelectronics Research at the National Institute of Standards and Technology.— Subject to the availability of appropriations for such purpose, the Director of the National Institute of Standards and Technology shall carry out a microelectronics research program to enable advances and breakthroughs in measurement science, standards, material characterization, instrumentation, testing, and manufacturing capabilities that will accelerate the underlying research and development for metrology of next generation microelectronics and ensure the competitiveness and leadership of the United States within this sector.

(f)

Creation of a Manufacturing USA Institute.— Subject to the availability of appropriations for such purpose, the Director of the National Institute of Standards and Technology may establish a Manufacturing USA institute described in section 34(d) of the National Institute of Standards and Technology Act (15 U.S.C. 278s(d)) that is focused on semiconductor manufacturing. Such institute may emphasize the following:

(1)

Research to support the virtualization and automation of maintenance of semiconductor machinery.

(2)

Development of new advanced test, assembly and packaging capabilities.

(3)

Developing and deploying educational and skills training curricula needed to support the industry sector and ensure the United States can build and maintain a trusted and predictable talent pipeline.

(g)

Domestic Production Requirements.— The head of any executive agency receiving funding under this section shall develop policies to require domestic production, to the extent possible, for any intellectual property resulting from microelectronics research and development conducted as a result of such funding and domestic control requirements to protect any such intellectual property from foreign adversaries.

SEC. 9907. Prohibition Relating to Foreign Entities of Concern.

None of the funds authorized to be appropriated to carry out this subtitle may be provided to a foreign entity of concern.

SEC. 9908. Defense Production Act of 1950 Efforts.

(a)

In General.— Not later than 180 days after the date of the enactment of this Act, the President shall submit to Congress a report on a plan of action for any use of authorities available in title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.) to establish or enhance a domestic production capability for microelectronics technologies and related technologies, subject to—

(1)

the availability of appropriations for that purpose; and

(2)

a determination made under the plan pursuant to such title III that such technologies are essential to the national defense and that domestic industrial capabilities are insufficient to meet these needs.

(b)

Coordination.— The President shall develop the plan of action required by subsection (a) in consultation with any relevant head of a Federal agency, an advisory committee established under section 708(d) of the Defense Production Act of 1950 (50 U.S.C. 4558(d)), and appropriate stakeholders in the private sector.

TITLE C Other Matters

SEC. 10001. Amber Alert Nationwide.

(a)

Cooperation With Department of Homeland Security.— Subtitle A of title III of the PROTECT Act (34 U.S.C. 20501 et seq.) is amended—

(1)

in section 301—

(A)

in subsection (b)—

(i)

in paragraph (1), by inserting “ (including airports, maritime ports, border crossing areas and checkpoints, and ports of exit from the United States)” after “ gaps in areas of interstate travel”; and

(ii)

in paragraphs (2) and (3), by inserting “ , territories of the United States, and tribal governments” after “ States”; and

(B)

in subsection (d), by inserting “ , the Secretary of Homeland Security,” after “ Secretary of Transportation”; and

(2)

in section 302—

(A)

in subsection (b), in paragraphs (2), (3), and (4) by inserting “ , territorial, tribal,” after “ State”; and

(B)

in subsection (c)—

(i)

in paragraph (1), by inserting “ , the Secretary of Homeland Security,” after “ Secretary of Transportation”; and

(ii)

in paragraph (2), by inserting “ , territorial, tribal,” after “ State”.

(b)

AMBER Alerts Along Major Transportation Routes.—

(1)

In general.— Section 303 of the PROTECT Act (34 U.S.C. 20503) is amended—

(A)

in the section heading, by inserting “ and major transportation routes” after “ along highways”;

(B)

in subsection (a)—

(i)

by inserting “ (referred to in this section as the ‘Secretary’)” after “ Secretary of Transportation”; and

(ii)

by inserting “ and at airports, maritime ports, border crossing areas and checkpoints, and ports of exit from the United States” after “ along highways”;

(C)

in subsection (b)—

(i)

in paragraph (1)—

(I)

by striking “ other motorist information systems to notify motorists” and inserting “ other information systems to notify motorists, aircraft passengers, ship passengers, and travelers”; and

(II)

by inserting “ , aircraft passengers, ship passengers, and travelers” after “ necessary to notify motorists”; and

(ii)

in paragraph (2)—

(I)

in subparagraph (A), by striking “ other motorist information systems to notify motorists” and inserting “ other information systems to notify motorists, aircraft passengers, ship passengers, and travelers”;

(II)

in subparagraph (D), by inserting “ , aircraft passengers, ship passengers, and travelers” after “ support the notification of motorists”;

(III)

in subparagraph (E), by inserting “ , aircraft passengers, ship passengers, and travelers” after “ motorists”, each place it appears;

(IV)

in subparagraph (F), by inserting “ , aircraft passengers, ship passengers, and travelers” after “ motorists”; and

(V)

in subparagraph (G), by inserting “ , aircraft passengers, ship passengers, and travelers” after “ motorists”;

(D)

in subsection (c), by striking “ other motorist information systems to notify motorists”, each place it appears, and inserting “ other information systems to notify motorists, aircraft passengers, ship passengers, and travelers”;

(E)

by amending subsection (d) to read as follows:

“(d) Federal Share.—

“(1) In general.—Except as provided in paragraph (2), the Federal share of the cost of any activities funded by a grant under this section may not exceed 80 percent.

“(2) Waiver.—If the Secretary determines that American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, or the Virgin Islands of the United States is unable to comply with the requirement under paragraph (1), the Secretary shall waive such requirement.”

(F)

in subsection (g)—

(i)

by striking “ In this section” and inserting “ In this subtitle”; and

(ii)

by striking “ or Puerto Rico” and inserting “ American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, the Virgin Islands of the United States, and any other territory of the United States”; and

(G)

in subsection (h), by striking “ fiscal year 2004” and inserting “ each of fiscal years 2019 through 2023”.

(2)

Technical and conforming amendment.— The table of contents in section 1(b) of the PROTECT Act (Public Law 108–21) is amended by striking the item relating to section 303 and inserting the following:

“Sec. 303. Grant program for notification and communications systems along highways and major transportation routes for recovery of abducted children.”.

(c)

AMBER Alert Communication Plans in the Territories.— Section 304 of the PROTECT Act (34 U.S.C. 20504) is amended—

(1)

in subsection (b)(4), by inserting “ a territorial government or” after “ with”;

(2)

by amending subsection (c) to read as follows:

“(c) Federal Share.—

“(1) In general.—Except as provided in paragraph (2), the Federal share of the cost of any activities funded by a grant under this section may not exceed 50 percent.

“(2) Waiver.—If the Attorney General determines that American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, the Virgin Islands of the United States, or an Indian tribe is unable to comply with the requirement under paragraph (1), the Attorney General shall waive such requirement.”

; and

(3)

in subsection (d), by inserting “ , including territories of the United States” before the period at the end.

(d)

Government Accountability Office Report.—

(1)

In general.— Not later than 5 years after the date of the enactment of this Act, the Comptroller General shall conduct a study assessing—

(A)

the implementation of the amendments made by this Act;

(B)

any challenges related to integrating the territories of the United States into the AMBER Alert system;

(C)

the readiness, educational, technological, and training needs of territorial law enforcement agencies in responding to cases involving missing, abducted, or exploited children; and

(D)

any other related matters the Attorney General or the Secretary of Transportation determines appropriate.

(2)

Report required.— The Comptroller General shall submit a report on the findings of the study required under paragraph (1) to—

(A)

the Committee on the Judiciary and the Committee on Environment and Public Works of the Senate;

(B)

the Committee on the Judiciary and the Committee on Transportation and Infrastructure of the House of Representatives; and

(C)

each of the delegates or resident commissioner to the House of Representatives from American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands of the United States.

(3)

Public availability.— The Comptroller General shall make the report required under paragraph (2) available on a public Government website.

(4)

Obtaining official data.—

(A)

In general.— The Comptroller General may secure information necessary to conduct the study under paragraph (1) directly from any Federal agency and from any territorial government receiving grant funding under the PROTECT Act. Upon request of the Comptroller General, the head of a Federal agency or territorial government shall furnish the requested information to the Comptroller General.

(B)

Agency records.— Notwithstanding subparagraph (A), nothing in this subsection shall require a Federal agency or any territorial government to produce records subject to a common law evidentiary privilege. Records and information shared with the Comptroller General shall continue to be subject to withholding under sections 552 and 552a of title 5, United States Code. The Comptroller General is obligated to give the information the same level of confidentiality and protection required of the Federal agency or territorial government. The Comptroller General may be requested to sign a nondisclosure or other agreement as a condition of gaining access to sensitive or proprietary data to which the Comptroller General is entitled.

(C)

Privacy of personal information.— The Comptroller General, and any Federal agency and any territorial government that provides information to the Comptroller General, shall take such actions as are necessary to ensure the protection of the personal information of a minor.

SEC. 10002. Improving Authority for Operation of Unmanned Aircraft for Educational Purposes.

Section 350 of the FAA Reauthorization Act of 2018 (Public Law 115–254; 49 U.S.C. 44809 note) is amended—

(1)

in the section heading, by striking “ at institutions of higher education” and inserting “ for educational purposes”; and

(2)

in subsection (a)—

(A)

by striking “ aircraft system operated by” and all that follows and inserting “ aircraft system—”; and

(B)

by adding at the end the following new paragraphs:

“(1) operated by an institution of higher education for educational or research purposes;

“(2) flown as part of an established Junior Reserve Officers’ Training Corps (JROTC) program for education or research purposes; or

“(3) flown as part of an educational program that is chartered by a recognized community-based organization (as defined in subsection (h) of such section).”

SEC. 10003. Prohibition on Provision of Airport Improvement Grant Funds to Certain Entities That Have Violated Intellectual Property Rights of United States Entities.

(a)

In General.— During the period beginning on the date that is 30 days after the date of the enactment of this Act and ending on September 30, 2023, amounts provided as project grants under subchapter I of chapter 471 of title 49, United States Code, may not be used to enter into a contract described in subsection (b) with any entity on the list required by subsection (c).

(b)

Contract Described.— A contract described in this subsection is a contract or other agreement for the procurement of infrastructure or equipment for a passenger boarding bridge at an airport.

(c)

List Required.—

(1)

In general.— Not later than 30 days after the date of enactment of this Act, and thereafter as required by paragraph (2), the Administrator of the Federal Aviation Administration shall, based on information provided by the United States Trade Representative and the Attorney General, make available to the public a list of entities making infrastructure or equipment for a passenger boarding bridge at an airport that—

(A)

are owned, directed, or subsidized by the People’s Republic of China; and

(B)

have been determined by a Federal court to have misappropriated intellectual property or trade secrets from an entity organized under the laws of the United States or any jurisdiction within the United States; or

(C)

own or control are owned or controlled by, are under common ownership or control with, or are successors to, an entity described in subparagraph (A).

(2)

Updates to list.— The Administrator shall update the list required by paragraph (1), based on information provided by the Trade Representative and the Attorney General—

(A)

not less frequently than every 90 days during the 180-day period following the initial publication of the list under paragraph (1); and

(B)

not less frequently than annually thereafter until September 30, 2023.

(d)

Definitions.— In this section, the definitions in section 47102 of title 49, United States Code, shall apply.

SEC. 10004. 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).

SEC. 10005. Waiver Authority with Respect to Institutions Located in an Area Affected by Hurricane Maria.

(a)

Waiver Authority.— Notwithstanding any other provision of law, unless enacted with specific reference to this section or section 392 of the Higher Education Act of 1965 (20 U.S.C. 1068a), for any affected institution that was receiving assistance under title III of such Act (20 U.S.C. 1051 et seq.) at the time of a covered hurricane disaster, the Secretary of Education may, for each of the fiscal years 2021 through 2025—

(1)

waive—

(A)

the eligibility data requirements set forth in section 391(d) of the Higher Education Act of 1965 (20 U.S.C. 1068(d));

(B)

the wait-out period set forth in section 313(d) of the Higher Education Act of 1965 (20 U.S.C. 1059(d));

(C)

the allotment requirements under section 324 of the Higher Education Act of 1965 (20 U.S.C. 1063); and

(D)

the use of the funding formula developed pursuant to section 326(f)(3) of the Higher Education Act of 1965 (20 U.S.C. 1063b(f)(3)); and

(2)

waive or modify any statutory or regulatory provision to ensure that affected institutions that were receiving assistance under title III of the Higher Education Act of 1965 (20 U.S.C. 1051 et seq.) at the time of a covered hurricane disaster are not adversely affected by any formula calculation for fiscal year 2021 or for any of the four succeeding fiscal years, as necessary.

(b)

Definitions.— In this section:

(1)

The term “affected institution” means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)) that—

(A)

is—

(i)

a part A institution (which term shall have the meaning given the term “eligible institution” under section 312(b) of the Higher Education Act of 1965 (20 U.S.C. 1058(b))); or

(ii)

a part B institution, as such term is defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)), or as identified in section 326(e) of such Act (20 U.S.C. 1063b(e));

(B)

is located in a covered area affected by a hurricane disaster; and

(C)

is able to demonstrate that, as a result of the impact of a covered hurricane disaster, the institution—

(i)

incurred physical damage;

(ii)

has pursued collateral source compensation from insurance, the Federal Emergency Management Agency, and the Small Business Administration, as appropriate; and

(iii)

was not able to fully reopen in existing facilities or to fully reopen to the pre-hurricane enrollment levels during the 30-day period beginning on September 7, 2017.

(2)

The term “covered area affected by a hurricane disaster” means an area for which the President declared a major disaster under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) as a result of Hurricane Maria.

(3)

The term “covered hurricane disaster” means a major disaster that the President declared to exist, in accordance with section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170), and that was caused by Hurricane Maria or Hurricane Irma.

SEC. 10006. Farm and Ranch Mental Health.

(a)

Public Service Announcement Campaign to Address Farm and Ranch Mental Health.—

(1)

In general.— The Secretary of Agriculture, in consultation with the Secretary of Health and Human Services, shall carry out a public service announcement campaign to address the mental health of farmers and ranchers.

(2)

Requirements.— The public service announcement campaign under paragraph (1) shall include television, radio, print, outdoor, and digital public service announcements.

(3)

Contractor.—

(A)

In general.— The Secretary of Agriculture may enter into a contract or other agreement with a third party to carry out the public service announcement campaign under paragraph (1).

(B)

Requirement.— In awarding a contract under subparagraph (A), the Secretary of Agriculture shall use a competitive bidding process.

(4)

Authorization of appropriations.— There is authorized to be appropriated to the Secretary of Agriculture to carry out this subsection $3,000,000, to remain available until expended.

(b)

Employee Training Program to Manage Farmer and Rancher Stress.—

(1)

In general.— Not later than 180 days after the date of enactment of this subsection, the Secretary of Agriculture shall expand the pilot program carried out by the Secretary of Agriculture in fiscal year 2019 that trained employees of the Farm Service Agency in the management of stress experienced by farmers and ranchers, to train employees of the Farm Service Agency, the Risk Management Agency, and the Natural Resources Conservation Service in the management of stress experienced by farmers and ranchers, including the detection of stress and suicide prevention.

(2)

Report.— Not less frequently than once every 2 years, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the implementation of this subsection.

(c)

Task Force for Assessment of Causes of Mental Stress and Best Practices for Response.—

(1)

In general.— The Secretary of Agriculture shall convene a task force of agricultural and rural stakeholders at the national, State, and local levels—

(A)

to assess the causes of mental stress in farmers and ranchers; and

(B)

to identify best practices for responding to that mental stress.

(2)

Submission of report.— Not later than 1 year after the date of enactment of this subsection, the task force convened under paragraph (1) shall submit to the Secretary of Agriculture a report containing the assessment and best practices under subparagraphs (A) and (B), respectively, of paragraph (1).

(3)

Collaboration.— In carrying out this subsection, the task force convened under paragraph (1) shall collaborate with nongovernmental organizations and State and local agencies.

(d)

Cessation of Authorities.— Any authorities provided under this section shall cease to be in effect on October 1, 2023.