116 S4049 ES: National Defense Authorization Act for Fiscal Year 2021 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

116th CONGRESS2d SessionS. 4049IN THE SENATE OF THE UNITED STATESAN ACTTo authorize appropriations for fiscal year 2021 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes.

1.

Short title

This Act may be cited as the National Defense Authorization Act for Fiscal Year 2021.

2.

Organization of Act into divisions; table of contents

(a)

Divisions

This Act is organized into six divisions as follows:(1)Division A—Department of Defense Authorizations.(2)Division B—Military Construction Authorizations.(3)Division C—Department of Energy National Security Authorizations and Other Authorizations.(4)Division D—Funding Tables. (5)Division E—Additional Provisions.(6)Division F—Intelligence Authorization Act for Fiscal Year 2021.(b)

Table of contents

The table of contents for this Act is as follows:Sec. 1. Short title.Sec. 2. Organization of Act into divisions; table of contents.Sec. 3. Congressional defense committees.Sec. 4. Budgetary effects of this Act.DIVISION A—Department of Defense AuthorizationsTITLE I—ProcurementSubtitle A—Authorization of appropriationsSec. 101. Authorization of appropriations.Subtitle B—Army programsSec. 111. Integrated air and missile defense assessment.Sec. 112. Report and limitation on Integrated Visual Augmentation System acquisition.Sec. 113. Modifications to requirement for an interim cruise missile defense capability.Subtitle C—Navy programsSec. 121. Contract authority for Columbia-class submarine program.Sec. 122. Limitation on Navy medium and large unmanned surface vessels.Sec. 123. Extension of prohibition on availability of funds for Navy waterborne security barriers.Sec. 124. Procurement authorities for certain amphibious shipbuilding programs.Sec. 125. Fighter force structure acquisition strategy.Sec. 126. Treatment of systems added by Congress in future President’s budget requests.Sec. 127. Report on carrier wing composition.Sec. 128. Report on strategy to use ALQ–249 Next Generation Jammer to ensure full spectrum electromagnetic superiority.Subtitle D—Air Force programsSec. 141. Economic order quantity contracting authority for F–35 joint strike fighter program.Sec. 142. Minimum aircraft levels for major mission areas.Sec. 143. Minimum operational squadron level.Sec. 144. Minimum Air Force bomber aircraft level.Sec. 145. F–35 gun system.Sec. 146. Prohibition on funding for Close Air Support Integration Group.Sec. 147. Limitation on divestment of KC–10 and KC–135 aircraft.Sec. 148. Limitation on retirement of U–2 and RQ–4 aircraft.Sec. 149. Limitation on divestment of F–15C aircraft in the European theater.Sec. 150. Air base defense development and acquisition strategy.Sec. 151. Required solution for KC–46 aircraft remote visual system limitations.Sec. 152. Analysis of requirements and Advanced Battle Management System capabilities.Sec. 153. Studies on measures to assess cost-per-effect for key mission areas.Sec. 154. Plan for operational test and utility evaluation of systems for Low-Cost Attributable Aircraft Technology program.Sec. 155. Prohibition on retirement or divestment of A–10 aircraft.Subtitle E—Defense-wide, joint, and multiservice mattersSec. 171. Budgeting for life-cycle cost of aircraft for the Navy, Army, and Air Force: annual plan and certification.Sec. 172. Authority to use F–35 aircraft withheld from delivery to Government of Turkey.Sec. 173. Transfer from Commander of United States Strategic Command to Chairman of the Joint Chiefs of Staff of responsibilities and functions relating to electromagnetic spectrum operations.Sec. 174. Cryptographic modernization schedules.Sec. 175. Prohibition on purchase of armed overwatch aircraft.Sec. 176. Special operations armed overwatch.Sec. 177. Autonomic Logistics Information System redesign strategy.Sec. 178. Contract aviation services in a country or in airspace in which a Special Federal Aviation Regulation applies.Sec. 179. F–35 aircraft munitions.Sec. 180. Airborne intelligence, surveillance, and reconnaissance acquisition roadmap for United States Special Operations Command.Sec. 181. Requirement to accelerate the fielding and development of counter unmanned aerial systems across the joint force.Sec. 182. Joint All Domain Command and Control requirements.TITLE II—Research, development, test, and evaluationSubtitle A—Authorization of appropriationsSec. 201. Authorization of appropriations.Subtitle B—Program requirements, restrictions, and limitationsSec. 211. Designation and activities of senior officials for critical technology areas supportive of the National Defense Strategy.Sec. 212. Governance of fifth-generation wireless networking in the Department of Defense.Sec. 213. Application of artificial intelligence to the defense reform pillar of the National Defense Strategy.Sec. 214. Extension of authorities to enhance innovation at Department of Defense laboratories.Sec. 215. Updates to Defense Quantum Information Science and Technology Research and Development program.Sec. 216. Program of part-time and term employment at Department of Defense science and technology reinvention laboratories of faculty and students from institutions of higher education.Sec. 217. Improvements to Technology and National Security Fellowship of Department of Defense.Sec. 218. Department of Defense research, development, and deployment of technology to support water sustainment.Sec. 219. Development and testing of hypersonic capabilities.Sec. 220. Disclosure requirements for recipients of Department of Defense research and development grants.Subtitle C—Plans, reports, and other mattersSec. 231. Assessment on United States national security emerging biotechnology efforts and capabilities and comparison with adversaries.Sec. 232. Independent comparative analysis of efforts by China and the United States to recruit and retain researchers in national security-related fields.Sec. 233. Department of Defense demonstration of virtualized radio access network and massive multiple input multiple output radio arrays for fifth generation wireless networking.Sec. 234. Independent technical review of Federal Communications Commission Order 20–48.Sec. 235. Report on micro nuclear reactor programs.Sec. 236. Modification to Test Resource Management Center strategic plan reporting cycle and contents.Sec. 237. Limitation on contract awards for certain unmanned vessels.Sec. 238. Documentation relating to the Advanced Battle Management System.Sec. 239. Armed Services Vocational Aptitude Battery Test special purpose adjunct to address computational thinking.Sec. 240. Report on use of testing facilities to research and develop hypersonic technology.Sec. 241. Study and plan on the use of additive manufacturing and three-dimensional bioprinting in support of the warfighter.Sec. 242. Element in annual reports on cyber science and technology activities on work with academic consortia on high priority cybersecurity research activities in Department of Defense capabilities.TITLE III—Operation and maintenanceSubtitle A—Authorization of appropriationsSec. 301. Authorization of appropriations.Subtitle B—Energy and environmentSec. 311. Modifications and technical corrections to ensure restoration of contamination by perfluorooctane sulfonate and perfluorooctanoic acid.Sec. 312. Readiness and Environmental Protection Integration Program technical edits and clarification.Sec. 313. Survey and market research of technologies for phase out by Department of Defense of use of fluorinated aqueous film-forming foam.Sec. 314. Modification of authority to carry out military installation resilience projects.Sec. 315. Native American Indian lands environmental mitigation program.Sec. 316. Energy resilience and energy security measures on military installations.Sec. 317. Modification to availability of energy cost savings for Department of Defense.Sec. 318. Long-duration demonstration initiative and joint program.Sec. 319. Pilot program on alternative fuel vehicle purchasing.Sec. 320. Extension of real-time sound monitoring at Navy installations where tactical fighter aircraft operate.Sec. 321. Study on impacts of transboundary flows, spills, or discharges of pollution or debris from the Tijuana River on personnel, activities, and installations of Department of Defense.Sec. 322. Increase in funding for study by Centers for Disease Control and Prevention relating to perfluoroalkyl and polyfluoroalkyl substance contamination in drinking water.Subtitle C—Logistics and sustainmentSec. 331. Repeal of statutory requirement for notification to Director of Defense Logistics Agency three years prior to implementing changes to any uniform or uniform component.Sec. 332. Clarification of limitation on length of overseas forward deployment of currently deployed naval vessels.Subtitle D—ReportsSec. 351. Report on impact of permafrost thaw on infrastructure, facilities, and operations of the Department of Defense.Sec. 352. Plans and reports on emergency response training for military installations.Sec. 353. Report on implementation by Department of Defense of requirements relating to renewable fuel pumps.Sec. 354. Report on effects of extreme weather on Department of Defense.Subtitle E—Other mattersSec. 371. Prohibition on divestiture of manned intelligence, surveillance, and reconnaissance aircraft operated by United States Special Operations Command.Sec. 372. Information on overseas construction projects in support of contingency operations using funds for operation and maintenance.Sec. 373. Provision of protection to the National Museum of the Marine Corps, the National Museum of the United States Army, the National Museum of the United States Navy, and the National Museum of the United States Air Force.Sec. 374. Inapplicability of congressional notification and dollar limitation requirements for advance billings for certain background investigations.Sec. 375. Repeal of sunset for minimum annual purchase amount for carriers participating in the Civil Reserve Air Fleet.Sec. 376. Improvement of the Operational Energy Capability Improvement Fund of the Department of Defense.Sec. 377. Commission on the naming of items of the Department of Defense that commemorate the Confederate States of America or any person who served voluntarily with the Confederate States of America.Sec. 378. Modifications to review of proposed actions by Military Aviation and Installation Assurance Clearinghouse.Sec. 379. Adjustment in availability of appropriations for unusual cost overruns and for changes in scope of work.Sec. 380. Requirement that Secretary of Defense implement security and emergency response recommendations relating to active shooter or terrorist attacks on installations of Department of Defense.Sec. 381. Clarification of food ingredient requirements for food or beverages provided by the Department of Defense.TITLE IV—Military Personnel AuthorizationsSubtitle A—Active ForcesSec. 401. End strengths for active forces.Sec. 402. End strength level matters.Subtitle B—Reserve ForcesSec. 411. End strengths for Selected Reserve.Sec. 412. End strengths for Reserves on active duty in support of the reserves.Sec. 413. End strengths for military technicians (dual status).Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support.Sec. 415. Separate authorization by Congress of minimum end strengths for non-temporary military technicians (dual status) and maximum end strengths for temporary military technicians (dual status).Subtitle C—Authorization of AppropriationsSec. 421. Military personnel.TITLE V—Military Personnel PolicySubtitle A—Officer Personnel PolicySec. 501. Repeal of codified specification of authorized strengths of certain commissioned officers on active duty.Sec. 502. Temporary expansion of availability of enhanced constructive service credit in a particular career field upon original appointment as a commissioned officer.Sec. 503. Requirement for promotion selection board recommendation of higher placement on promotion list of officers of particular merit.Sec. 504. Special selection review boards for review of promotion of officers subject to adverse information identified after recommendation for promotion and related matters.Sec. 505. Number of opportunities for consideration for promotion under alternative promotion authority.Sec. 506. Mandatory retirement for age.Sec. 507. Clarifying and improving restatement of rules on the retired grade of commissioned officers.Sec. 508. Repeal of authority for original appointment of regular Navy officers designated for engineering duty, aeronautical engineering duty, and special duty.Subtitle B—Reserve Component ManagementSec. 511. Exclusion of certain reserve general and flag officers on active duty from limitations on authorized strengths.Subtitle C—General Service AuthoritiesSec. 516. Increased access to potential recruits.Sec. 517. Temporary authority to order retired members to active duty in high-demand, low-density assignments during war or national emergency.Sec. 518. Certificate of Release or Discharge from Active Duty (DD Form 214) matters.Sec. 519. Evaluation of barriers to minority participation in certain units of the Armed Forces.Sec. 520. Reports on diversity and inclusion in the Armed Forces.Subtitle D—Military Justice and Related MattersPART I—Investigation, Prosecution, and Defense of Sexual Assault and Related MattersSec. 521. Modification of time required for expedited decisions in connection with applications for change of station or unit transfer of members who are victims of sexual assault or related offenses.Sec. 522. Defense Advisory Committee for the Prevention of Sexual Misconduct.Sec. 523. Report on ability of Sexual Assault Response Coordinators and Sexual Assault Prevention and Response Victim Advocates to perform duties.Sec. 524. Briefing on Special Victims’ Counsel program.Sec. 525. Accountability of leadership of the Department of Defense for discharging the sexual harassment policies and programs of the Department.Sec. 526. Safe-to-report policy applicable across the Armed Forces.Sec. 527. Additional bases for provision of advice by the Defense Advisory Committee for the Prevention of Sexual Misconduct.Sec. 528. Additional matters for reports of the Defense Advisory Committee for the Prevention of Sexual Misconduct.Sec. 529. Policy on separation of victim and accused at military service academies and degree-granting military educational institutions.Sec. 530. Briefing on placement of members of the Armed Forces in academic status who are victims of sexual assault onto Non-Rated Periods.PART II—Other Military Justice MattersSec. 531. Right to notice of victims of offenses under the Uniform Code of Military Justice regarding certain post-trial motions, filings, and hearings.Sec. 532. Consideration of the evidence by Courts of Criminal Appeals.Sec. 533. Preservation of records of the military justice system.Sec. 534. Comptroller General of the United States report on implementation by the Armed Forces of recent GAO recommendations and statutory requirements on assessment of racial, ethnic, and gender disparities in the military justice system.Sec. 535. Briefing on mental health support for vicarious trauma for certain personnel in the military justice system.Sec. 536. Guardian ad litem program for minor dependents of members of the Armed Forces.Subtitle E—Member Education, Training, Transition, and ResilienceSec. 541. Training on religious accommodation for members of the Armed Forces.Sec. 542. Additional elements with 2021 certifications on the Ready, Relevant Learning initiative of the Navy.Sec. 543. Report on standardization and potential merger of law enforcement training for military and civilian personnel across the Department of Defense.Sec. 544. Quarterly reports on implementation of recommendations of the Comprehensive Review of Special Operations Forces Culture and Ethics.Sec. 545. Information on nominations and applications for military service academies.Sec. 546. Pilot programs in connection with Senior Reserve Officers' Training Corps units at Historically Black Colleges and Universities and minority institutions.Sec. 547. Expansion of Junior Reserve Officers’ Training Corps Program.Sec. 548. Department of Defense STARBASE Program.Subtitle F—Decorations and AwardsSec. 551. Award or presentation of decorations favorably recommended following determination on merits of proposals for decorations not previously submitted in a timely fashion.Sec. 552. Honorary promotion matters.Subtitle G—Defense Dependents' Education and Military Family Readiness MattersPART I—Defense Dependents' Education MattersSec. 561. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees.Sec. 562. Impact aid for children with severe disabilities.Sec. 563. Staffing of Department of Defense Education Activity schools to maintain maximum student-to-teacher ratios.Sec. 564. Matters in connection with free appropriate public education for dependents of members of the Armed Forces with special needs.Sec. 565. Pilot program on expanded eligibility for Department of Defense Education Activity Virtual High School program.Sec. 566. Pilot program on expansion of eligibility for enrollment at domestic dependent elementary and secondary schools.Sec. 567. Comptroller General of the United States report on the structural condition of Department of Defense Education Activity schools.PART II—Military Family Readiness MattersSec. 571. Responsibility for allocation of certain funds for military child development programs.Sec. 572. Improvements to Exceptional Family Member Program.Sec. 573. Procedures of the Office of Special Needs for the development of individualized services plans for military families with special needs.Sec. 574. Restatement and clarification of authority to reimburse members for spouse relicensing costs pursuant to a permanent change of station.Sec. 575. Improvements to Department of Defense tracking of and response to incidents of child abuse involving military dependents on military installations.Sec. 576. Military child care and child development center matters.Sec. 577. Expansion of financial assistance under My Career Advancement Account program.Subtitle H—Other MattersSec. 586. Removal of personally identifying and other information of certain persons from investigative reports, the Department of Defense Central Index of Investigations, and other records and databases.Sec. 587. National emergency exception for timing requirements with respect to certain surveys of members of the Armed Forces.Sec. 588. Sunset and transfer of functions of the Physical Disability Board of Review.Sec. 589. Extension of reporting deadline for the annual report on the assessment of the effectiveness of activities of the federal voting assistance program.Sec. 590. Pilot programs on remote provision by National Guard to State governments and National Guards of other States of cybersecurity technical assistance in training, preparation, and response to cyber incidents.Sec. 591. Plan on performance of funeral honors details by members of other Armed Forces when members of the Armed Force of the deceased are unavailable.Sec. 592. Limitation on implementation of Army Combat Fitness Test.Sec. 593. Report on impact of children of certain Filipino World War II veterans on national security, foreign policy, and economic and humanitarian interests of the United States.TITLE VI—Compensation and Other Personnel BenefitsSubtitle A—Pay and AllowancesSec. 601. Reorganization of certain allowances other than travel and transportation allowances.Sec. 602. Hazardous duty pay for members of the Armed Forces performing duty in response to the Coronavirus Disease 2019.Sec. 603. Compensation and credit for retired pay purposes for maternity leave taken by members of the reserve components.Subtitle B—Bonuses and Special and Incentive PaysSec. 611. One-year extension of certain expiring bonus and special pay authorities.Sec. 612. Increase in special and incentive pays for officers in health professions.Subtitle C—Disability Pay, Retired Pay, and Survivor BenefitsSec. 621. Inclusion of drill or training foregone due to emergency travel or duty restrictions in computations of entitlement to and amounts of retired pay for non-regular service.Sec. 622. Modernization and clarification of payment of certain Reserves while on duty.Sec. 623. Relief of Richard W. Collins III.Subtitle D—Other MattersSec. 631. Permanent authority for and enhancement of the Government lodging program.Sec. 632. Approval of certain activities by retired and reserve members of the uniformed services.TITLE VII—Health care provisionsSubtitle A—TRICARE and other health care benefitsSec. 701. Authority for Secretary of Defense to manage provider type referral and supervision requirements under TRICARE program.Sec. 702. Removal of Christian Science providers as authorized providers under the TRICARE program.Sec. 703. Waiver of fees charged to certain civilians for emergency medical treatment provided at military medical treatment facilities.Sec. 704. Mental health resources for members of the Armed Forces and their dependents during the COVID–19 pandemic.Sec. 705. Transitional health benefits for certain members of the National Guard serving under orders in response to the coronavirus (COVID–19).Sec. 706. Extramedical maternal health providers demonstration project.Sec. 707. Pilot program on receipt of non-generic prescription maintenance medications under TRICARE pharmacy benefits program.Subtitle B—Health care administrationSec. 721. Modifications to transfer of Army Medical Research and Development Command and public health commands to Defense Health Agency.Sec. 722. Delay of applicability of administration of TRICARE dental plans through Federal Employees Dental and Vision Insurance Program.Sec. 723. Authority of Secretary of Defense to waive requirements during national emergencies for purposes of provision of health care.Subtitle C—Reports and other mattersSec. 741. Extension of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.Sec. 742. Membership of Board of Regents of Uniformed Services University of the Health Sciences.Sec. 743. Military Health System Clinical Quality Management Program.Sec. 744. Modifications to pilot program on civilian and military partnerships to enhance interoperability and medical surge capability and capacity of National Disaster Medical System.Sec. 745. Study on force mix options and service models to enhance readiness of medical force of the Armed Forces to provide combat casualty care.Sec. 746. Comptroller General study on delivery of mental health services to members of the reserve components of the Armed Forces.Sec. 747. Review and report on prevention of suicide among members of the Armed Forces stationed at remote installations outside the contiguous United States.Sec. 748. Audit of medical conditions of tenants in privatized military housing.Sec. 749. Comptroller General study on prenatal and postpartum mental health conditions among members of the Armed Forces and their dependents.Sec. 750. Plan for evaluation of flexible spending account options for members of the uniformed services and their families.Sec. 751. Assessment of receipt by civilians of emergency medical treatment at military medical treatment facilities.Sec. 752. Report on billing practices for health care from Department of Defense.Sec. 753. Access of veterans to Individual Longitudinal Exposure Record.Sec. 754. Study on the incidence of cancer diagnosis and mortality among military aviators and aviation support personnel.Subtitle D—Mental health services from Department of Veterans Affairs for members of reserve componentsSec. 761. Short title.Sec. 762. Expansion of eligibility for readjustment counseling and related outpatient services from Department of Veterans Affairs to include members of reserve components of the Armed Forces.Sec. 763. Provision of mental health services from Department of Veterans Affairs to members of reserve components of the Armed Forces.Sec. 764. Inclusion of members of reserve components in mental health programs of Department of Veterans Affairs.Sec. 765. Report on mental health and related services provided by Department of Veterans Affairs to members of the Armed Forces.TITLE VIII—Acquisition policy, acquisition management, and related mattersSubtitle A—Industrial base mattersSec. 801. Policy recommendations for implementation of Executive Order 13806 (Assessing and Strengthening the Manufacturing and Defense Industrial Base and Supply Chain Resiliency).Sec. 802. Assessment of national security innovation base.Sec. 803. Improving implementation of policy pertaining to the national technology and industrial base.Sec. 804. Modification of framework for modernizing acquisition processes to ensure integrity of industrial base.Sec. 805. Assessments of industrial base capabilities and capacity.Sec. 806. Analyses of certain materials and technology sectors for action to address sourcing and industrial capacity.Sec. 807. Microelectronics manufacturing strategy.Sec. 808. Additional requirements pertaining to printed circuit boards.Sec. 809. Statement of policy with respect to supply of strategic minerals and metals for Department of Defense purposes.Sec. 810. Report on strategic and critical minerals and metals.Sec. 811. Stabilization of shipbuilding industrial base workforce.Sec. 812. Miscellaneous limitations on the procurement of goods other than United States goods.Sec. 813. Use of domestically sourced star trackers in national security satellites.Sec. 814. Modification to small purchase threshold exception to sourcing requirements for certain articles.Subtitle B—Acquisition policy and managementSec. 831. Report on acquisition risk assessment and mitigation as part of Adaptive Acquisition Framework implementation.Sec. 832. Comptroller General report on implementation of software acquisition reforms.Subtitle C—Amendments to general contracting authorities, procedures, and limitationsSec. 841. Authority to acquire innovative commercial products and services using general solicitation competitive procedures.Sec. 842. Truth in Negotiations Act threshold for Department of Defense contracts.Sec. 843. Revision of proof required when using an evaluation factor for defense contractors employing or subcontracting with members of the selected reserve of the reserve components of the Armed Forces.Sec. 844. Contract authority for advanced development of initial or additional prototype units.Sec. 845. Definition of business system deficiencies for contractor business systems.Sec. 846. Repeal of pilot program on payment of costs for denied Government Accountability Office bid protests.Subtitle D—Provisions relating to major defense acquisition programsSec. 861. Implementation of modular open systems architecture requirements.Sec. 862. Sustainment reviews.Sec. 863. Recommendations for future direct selections.Sec. 864. Disclosures for certain shipbuilding major defense acquisition program offers.Subtitle E—Small business mattersSec. 871. Prompt payment of contractors.Sec. 872. Extension of pilot program for streamlined awards for innovative technology programs.Sec. 873. Reporting requirements.Subtitle F—Provisions related to Software-Driven capabilitiesSec. 881. Inclusion of software in government performance of acquisition functions.Sec. 882. Balancing security and innovation in software development and acquisition.Sec. 883. Comptroller General report on intellectual property acquisition and licensing.Sec. 884. Pilot program exploring the use of consumption-based solutions to address software-intensive warfighting capability.Subtitle G—Other mattersSec. 891. Safeguarding defense-sensitive United States intellectual property, technology, and other data and information.Sec. 892. Domestic comparative testing activities.Sec. 893. Repeal of apprenticeship program.TITLE IX—Department of Defense Organization and ManagementSubtitle A—Office of the Secretary of Defense and Related MattersSec. 901. Assistant Secretary of Defense for Special Operations and Low Intensity Conflict and related matters.Sec. 902. Redesignation and codification in law of Office of Economic Adjustment.Sec. 903. Modernization of process used by the Department of Defense to identify, task, and manage Congressional reporting requirements.Sec. 904. Inclusion of Vice Chief of the National Guard Bureau as an advisor to the Joint Requirements Oversight Council.Sec. 905. Assignment of responsibility for the Arctic region within the Office of the Secretary of Defense.Subtitle B—Department of Defense Management ReformSec. 911. Termination of position of Chief Management Officer of the Department of Defense.Sec. 912. Report on assignment of responsibilities, duties, and authorities of Chief Management Officer to other officers or employees of the Department of Defense.Sec. 913. Performance Improvement Officer of the Department of Defense.Sec. 914. Assignment of certain responsibilities and duties to particular officers of the Department of Defense.Sec. 915. Assignment of responsibilities and duties of Chief Management Officer to officers or employees of the Department of Defense to be designated.Sec. 916. Definition of enterprise business operations for title 10, United States Code.Sec. 917. Annual report on enterprise business operations of the Department of Defense.Sec. 918. Conforming amendments.Subtitle C—Space Force MattersPART I—Amendments to Integrate the Space Force Into LawSec. 931. Clarification of Space Force and Chief of Space Operations authorities.Sec. 931A. Office of the Chief of Space Operations.Sec. 932. Amendments to Department of the Air Force provisions in title 10, United States Code.Sec. 933. Amendments to other provisions of title 10, United States Code.Sec. 934. Amendments to provisions of law relating to pay and allowances.Sec. 935. Amendments relating to provisions of law on veterans’ benefits.Sec. 936. Amendments to other provisions of the United States Code.Sec. 937. Applicability to other provisions of law.PART II—Other MattersSec. 941. Matters relating to reserve components for the Space Force.Sec. 942. Transfers of military and civilian personnel to the Space Force.Sec. 943. Limitation on transfer of military installations to the jurisdiction of the Space Force.Sec. 944. Clarification of procurement of commercial satellite communications services.Sec. 945. Temporary exemption from authorized daily average of members in pay grades E–8 and E–9.Sec. 946. Application of acquisition demonstration project to Department of the Air Force employees assigned to acquisition positions within the Space Force.Sec. 947. Air and Space Force Medal.Subtitle D—Organization and Management of Other Department of Defense Offices and ElementsSec. 951. Annual report on establishment of field operating agencies.Sec. 952. Briefing on assignment of members of the Armed Forces on active duty to the Joint Artificial Intelligence Center of the Department of Defense.Sec. 953. Threats to United States forces from small unmanned aerial systems worldwide.TITLE X—General ProvisionsSubtitle A—Financial MattersSec. 1001. General transfer authority.Sec. 1002. Application of Financial Improvement and Audit Remediation Plan to fiscal years following fiscal year 2020.Sec. 1003. Incentives for the achievement by the components of the Department of Defense of unqualified audit opinions on the financial statements.Subtitle B—Counterdrug activitiesSec. 1011. Codification of authority for joint task forces of the Department of Defense to support law enforcement agencies conducting counterterrorism or counter-transnational organized crime activities.Subtitle C—Naval Vessels and ShipyardsSec. 1021. Modification of authority to purchase used vessels with funds in the National Defense Sealift Fund.Sec. 1022. Waiver during war or threat to national security of restrictions on overhaul, repair, or maintenance of vessels in foreign shipyards.Sec. 1023. Modification of waiver authority on prohibition on use of funds for retirement of certain legacy maritime mine countermeasure platforms.Sec. 1024. Extension of authority for reimbursement of expenses for certain Navy mess operations afloat.Sec. 1025. Sense of Congress on actions necessary to achieve a 355-ship Navy.Subtitle D—CounterterrorismSec. 1031. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States.Sec. 1032. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba.Sec. 1033. Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries.Sec. 1034. Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba.Subtitle E—Miscellaneous Authorities and LimitationsSec. 1041. Inclusion of disaster-related emergency preparedness activities among law enforcement activities authorities for sale or donation of excess personal property of the Department of Defense.Sec. 1042. Expenditure of funds for Department of Defense clandestine activities that support operational preparation of the environment.Sec. 1043. Clarification of authority of military commissions under chapter 47A of title 10, United States Code, to punish contempt.Sec. 1044. Prohibition on actions to infringe upon First Amendment rights of peaceable assembly and petition for redress of grievances.Sec. 1045. Arctic planning, research, and development.Sec. 1046. Consideration of security risks in certain telecommunications architecture for future overseas basing decisions of the Department of Defense.Sec. 1047. Foreign military training programs.Sec. 1048. Reporting of adverse events relating to consumer products on military installations.Sec. 1049. Inclusion of United States Naval Sea Cadet Corps among youth and charitable organizations authorized to receive assistance from the National Guard.Sec. 1050. Department of Defense policy for the regulation of dangerous dogs.Sec. 1051. Sense of Congress on the basing of KC–46A aircraft outside the contiguous United States.Sec. 1052. Efficient use of sensitive compartmented information facilities.Sec. 1053. Assistance for farmer and rancher stress and mental health of individuals in rural areas.Sec. 1054. Additional conditions and limitations on the transfer of Department of Defense property for law enforcement activities.Subtitle F—Studies and ReportsSec. 1061. Report on potential improvements to certain military educational institutions of the Department of Defense.Sec. 1062. Reports on status and modernization of the North Warning System.Sec. 1063. Studies on the force structure for Marine Corps aviation.Sec. 1064. Study on unemployment rate of female veterans who served on active duty in the Armed Forces after September 11, 2001.Sec. 1065. Report on Great Lakes and inland waterways seaports.Sec. 1066. Report on the Chemical and Biological Defense Program of the Department of Defense.Sec. 1067. Report on round-the-clock availability of childcare for members of the Armed Forces and civilian employees of the Department of Defense who work rotating shifts.Subtitle G—Other MattersSec. 1081. Department of Defense strategic Arctic ports.Sec. 1082. Personal protective equipment matters.Sec. 1083. Estimate of damages from Federal Communications Commission Order 20–48.Sec. 1084. Modernization effort.Sec. 1085. Sense of Senate on Gold Star Families Remembrance Week.Sec. 1086. Continuity of the Economy Plan.Sec. 1087. Improving the authority for operations of unmanned aircraft for educational purposes.Sec. 1088. Requirement to post a 100 word summary to regulations.gov.Sec. 1089. Modification of licensure requirements for health care professionals providing treatment via telemedicine.Sec. 1090. Restrictions on Confucius Institutes.Sec. 1090A. Additional care for newborn children of veterans.Sec. 1090B. Additional diseases associated with exposure to certain herbicide agents for which there is a presumption of service connection for veterans who served in the Republic of Vietnam.Subtitle H—Wireless supply chain innovation and multilateral securitySec. 1091. Definitions.Sec. 1092. Communications technology security funds.Sec. 1093. Promoting United States leadership in international organizations and communications standards-setting bodies.Subtitle I—Semiconductor Manufacturing IncentivesSec. 1094. Semiconductor incentive grants.Sec. 1095. Department of Defense.Sec. 1096. Department of Commerce study on status of microelectronics technologies in the United States industrial base.Sec. 1097. Funding for development and adoption of measurably secure microelectronics and measurably secure microelectronics supply chains.Sec. 1098. Advanced semiconductor research and design.Sec. 1099. Prohibition relating to foreign adversaries.TITLE XI—Civilian Personnel MattersSubtitle A—Department of Defense MattersSec. 1101. Enhanced pay authority for certain acquisition and technology positions in the Department of Defense.Sec. 1102. Enhanced pay authority for certain research and technology positions in the science and technology reinvention laboratories of the Department of Defense.Sec. 1103. Extension of enhanced appointment and compensation authority for civilian personnel for care and treatment of wounded and injured members of the Armed Forces.Sec. 1104. Extension of overtime rate authority for Department of the Navy employees performing work aboard or dockside in support of the nuclear-powered aircraft carrier forward deployed in Japan.Sec. 1105. Expansion of direct hire authority for certain Department of Defense personnel to include installation military housing office positions supervising privatized military housing.Sec. 1106. Extension of sunset of inapplicability of certification of executive qualifications by qualification certification review board of Office of Personnel Management for initial appointments to Senior Executive Service positions in Department of Defense.Sec. 1107. Pilot program on enhanced pay authority for certain high-level management positions in the Department of Defense.Sec. 1108. Pilot program on expanded authority for appointment of recently retired members of the Armed Forces to positions in the Department of Defense.Sec. 1109. Direct hire authority and relocation incentives for positions at remote locations.Sec. 1110. Modification of direct hire authority for certain personnel involved with Department of Defense maintenance activities.Sec. 1110A. Fire Fighters Alternative Work Schedule demonstration project for the Navy Region Mid-Atlantic Fire and Emergency Services.Sec. 1110B. Report by Comptroller General of the United States on diversity and inclusion within the civilian workforce of the Department of Defense.Subtitle B—Government-Wide MattersSec. 1111. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone.Sec. 1112. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas.Sec. 1113. Technical amendments to authority for reimbursement of Federal, State, and local income taxes incurred during travel, transportation, and relocation.TITLE XII—Matters relating to foreign nationsSubtitle A—Assistance and trainingSec. 1201. Authority to build capacity for additional operations.Sec. 1202. Authority to build capacity for air sovereignty operations.Sec. 1203. Modification to the Inter-European Air Forces Academy.Sec. 1204. Modification to support of special operations for irregular warfare.Sec. 1205. Extension and modification of authority to support border security operations of certain foreign countries.Sec. 1206. Modification of authority for participation in multinational centers of excellence.Sec. 1207. Implementation of the Women, Peace, and Security Act of 2017.Sec. 1208. Ted Stevens Center for Arctic Security Studies.Sec. 1209. Functional Center for Security Studies in Irregular Warfare.Sec. 1210. Open Technology Fund.Subtitle B—Matters relating to Afghanistan and PakistanSec. 1211. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.Sec. 1212. Extension and modification of Commanders' Emergency Response Program.Sec. 1213. Extension and modification of support for reconciliation activities led by the Government of Afghanistan.Sec. 1214. Sense of Senate on special immigrant visa program for Afghan allies.Sec. 1215. Sense of Senate and report on United States presence in Afghanistan.Subtitle C—Matters relating to Syria, Iraq, and IranSec. 1221. Extension of authority and limitation on use of funds to provide assistance to counter the Islamic State of Iraq and Syria.Sec. 1222. Extension and modification of authority to provide assistance to vetted Syrian groups and individuals.Sec. 1223. Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq.Subtitle D—Matters relating to Europe and the Russian FederationSec. 1231. Extension of limitation on military cooperation between the United States and the Russian Federation.Sec. 1232. Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea.Sec. 1233. Modification and extension of Ukraine Security Assistance Initiative.Sec. 1234. Report on capability and capacity requirements of military forces of Ukraine and resource plan for security assistance.Sec. 1235. Sense of Senate on North Atlantic Treaty Organization enhanced opportunities partner status for Ukraine.Sec. 1236. Extension of authority for training for Eastern European national security forces in the course of multilateral exercises.Sec. 1237. Sense of Senate on Kosovo and the role of the Kosovo Force of the North Atlantic Treaty Organization.Sec. 1238. Sense of Senate on strategic competition with the Russian Federation and related activities of the Department of Defense.Sec. 1239. Report on Russian Federation support of racially and ethnically motivated violent extremists.Sec. 1240. Participation in European program on multilateral exchange of surface transportation services.Sec. 1241. Participation in programs relating to coordination or exchange of air refueling and air transportation services.Sec. 1242. Sense of Congress on support for coordinated action to ensure the security of Baltic allies.Subtitle E—Matters relating to the Indo-Pacific regionSec. 1251. Pacific Deterrence Initiative.Sec. 1252. Sense of Senate on the United States-Vietnam defense relationship.Sec. 1253. Authority to transfer funds for Bien Hoa dioxin cleanup.Sec. 1254. Cooperative program with Vietnam to account for Vietnamese personnel missing in action.Sec. 1255. Provision of goods and services at Kwajalein Atoll, Republic of the Marshall Islands.Sec. 1256. Authority to establish a Movement Coordination Center Pacific in the Indo-Pacific region and participate in an Air Transport and Air-to-Air Refueling and other Exchanges of Services program.Sec. 1257. Training of ally and partner air forces in Guam.Sec. 1258. Statement of policy and sense of Senate on the Taiwan Relations Act.Sec. 1259. Sense of Congress on port calls in Taiwan with the USNS Comfort and the USNS Mercy .Sec. 1260. Limitation on use of funds to reduce total number of members of the Armed Forces serving on active duty who are deployed to the Republic of Korea.Sec. 1261. Sense of Congress on co-development with Japan of a long-range ground-based anti-ship cruise missile system.Sec. 1262. Statement of policy on cooperation in the Indo-Pacific region.Sec. 1263. Extension of prohibition on commercial export of certain munitions to the Hong Kong Police Force.Sec. 1264. Implementation of the Asia Reassurance Initiative Act with regard to Taiwan arms sales.Subtitle F—ReportsSec. 1271. Review of and report on overdue acquisition and cross-servicing agreement transactions.Sec. 1272. Report on burden sharing contributions by designated countries.Sec. 1273. Report on risk to personnel, equipment, and operations due to Huawei 5G architecture in host countries.Sec. 1274. Allied burden sharing report.Subtitle G—Other mattersSec. 1281. Reciprocal patient movement agreements.Sec. 1282. Extension of authorization of non-conventional assisted recovery capabilities.Sec. 1283. Extension of Department of Defense support for stabilization activities in national security interest of the United States.Sec. 1284. Notification with respect to withdrawal of members of the Armed Forces participating in the Multinational Force and Observers in Egypt.Sec. 1285. Modification to initiative to support protection of national security academic researchers from undue influence and other security threats.Sec. 1286. Establishment of United States-Israel Operations-Technology Working Group.Sec. 1287. Improved coordination of United States sanctions policy.Subtitle H—Robert Levinson Hostage Recovery and Hostage-Taking Accountability ActSec. 1291. Short title.Sec. 1292. Assistance for United States nationals unlawfully or wrongfully detained abroad.Sec. 1293. Special Envoy for Hostage Affairs.Sec. 1294. Hostage Recovery Fusion Cell.Sec. 1295. Hostage Response Group.Sec. 1296. Authorization of imposition of sanctions.Sec. 1297. Definitions.Sec. 1298. Rule of construction.TITLE XIII—COOPERATIVE THREAT REDUCTIONSec. 1301. Funding allocations for Department of Defense Cooperative Threat Reduction Program.TITLE XIV—Other AuthorizationsSubtitle A—Military ProgramsSec. 1401. Working capital funds.Sec. 1402. Chemical Agents and Munitions Destruction, Defense.Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide.Sec. 1404. Defense Inspector General.Sec. 1405. Defense Health Program.Subtitle B—Armed Forces Retirement HomeSec. 1411. Authorization of appropriations for Armed Forces Retirement Home.Sec. 1412. Periodic inspections of Armed Forces Retirement Home facilities by nationally recognized accrediting organization.Sec. 1413. Expansion of eligibility for residence at the Armed Forces Retirement Home.Subtitle C—Other MattersSec. 1421. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois.TITLE XV—Authorization of additional appropriations for Overseas contingency operationsSubtitle A—Authorization of appropriationsSec. 1501. Purpose.Sec. 1502. Overseas contingency operations.Sec. 1503. Procurement.Sec. 1504. Research, development, test, and evaluation.Sec. 1505. Operation and maintenance.Sec. 1506. Military personnel.Sec. 1507. Working capital funds.Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide.Sec. 1509. Defense Inspector General.Sec. 1510. Defense Health Program.Subtitle B—Financial MattersSec. 1521. Treatment as additional authorizations.Sec. 1522. Special transfer authority.Subtitle C—Other mattersSec. 1531. Afghanistan Security Forces Fund.Sec. 1532. Transition and enhancement of inspector general authorities for Afghanistan reconstruction.TITLE XVI—Strategic programs, cyber, and intelligence mattersSubtitle A—Space activitiesSec. 1601. Resilient and survivable positioning, navigation, and timing capabilities.Sec. 1602. Development efforts for National Security Space Launch providers.Sec. 1603. Timeline for nonrecurring design validation for responsive space launch.Sec. 1604. Tactically responsive space launch operations.Sec. 1605. Conforming amendments relating to reestablishment of Space Command.Sec. 1606. Space Development Agency development requirements and transfer to Space Force.Sec. 1607. Space launch rate assessment.Sec. 1608. Report on impact of acquisition strategy for the National Security Space Launch Program on emerging foreign space launch providers.Sec. 1609. Leveraging commercial satellite remote sensing.Subtitle B—Cyberspace-Related MattersSec. 1611. Modification of position of Principal Cyber Advisor.Sec. 1612. Framework for cyber hunt forward operations.Sec. 1613. Modification of scope of notification requirements for sensitive military cyber operations.Sec. 1614. Modification of requirements for quarterly Department of Defense cyber operations briefings for Congress.Sec. 1615. Rationalization and integration of parallel cybersecurity architectures and operations.Sec. 1616. Modification of acquisition authority of Commander of United States Cyber Command.Sec. 1617. Assessment of cyber operational planning and deconfliction policies and processes.Sec. 1618. Pilot program on cybersecurity capability metrics.Sec. 1619. Assessment of effect of inconsistent timing and use of Network Address Translation in Department of Defense networks.Sec. 1620. Matters concerning the College of Information and Cyberspace at National Defense University.Sec. 1621. Modification of mission of cyber command and assignment of cyber operations forces.Sec. 1622. Integration of Department of Defense user activity monitoring and cybersecurity.Sec. 1623. Defense industrial base cybersecurity sensor architecture plan.Sec. 1624. Extension of Cyberspace Solarium Commission to track and assess implementation.Sec. 1625. Review of regulations and promulgation of guidance relating to National Guard responses to cyber attacks.Sec. 1626. Improvements relating to the quadrennial cyber posture review.Sec. 1627. Report on enabling United States Cyber Command resource allocation.Sec. 1628. Evaluation of options for establishing a cyber reserve force.Sec. 1629. Ensuring cyber resiliency of nuclear command and control system.Sec. 1630. Modification of requirements relating to the Strategic Cybersecurity Program and the evaluation of cyber vulnerabilities of major weapon systems of the Department of Defense.Sec. 1631. Defense industrial base participation in a cybersecurity threat intelligence sharing program.Sec. 1632. Assessment on defense industrial base cybersecurity threat hunting.Sec. 1633. Assessing risk to national security of quantum computing.Sec. 1634. Applicability of reorientation of Big Data Platform program to Department of Navy.Sec. 1635. Expansion of authority for access and information relating to cyber attacks on operationally critical contractors of the Armed Forces.Sec. 1636. Requirements for review of and limitations on the Joint Regional Security Stacks activity.Sec. 1637. Independent assessment of establishment of a National Cyber Director.Sec. 1638. Modification of authority to use operation and maintenance funds for cyber operations-peculiar capability development projects.Sec. 1639. Personnel management authority for Commander of United States Cyber Command and development program for offensive cyber operations.Sec. 1640. Implementation of information operations matters.Sec. 1641. Report on Cyber Institutes Program.Sec. 1642. Assistance for small manufacturers in the defense industrial supply chain on matters relating to cybersecurity.Sec. 1643. Study on cyberexploitation of members of the Armed Forces and their families.Subtitle C—Nuclear ForcesSec. 1651. Modification to responsibilities of Nuclear Weapons Council.Sec. 1652. Responsibility of Nuclear Weapons Council in preparation of National Nuclear Security Administration budget.Sec. 1653. Modification of Government Accountability Office review of annual reports on nuclear weapons enterprise.Sec. 1654. Prohibition on reduction of the intercontinental ballistic missiles of the United States.Sec. 1655. Sense of the Senate on nuclear cooperation between the United States and the United Kingdom.Subtitle D—Missile defense programsSec. 1661. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production.Sec. 1662. Acceleration of the deployment of hypersonic and ballistic tracking space sensor payload.Sec. 1663. Extension of prohibition relating to missile defense information and systems.Sec. 1664. Report on and limitation on expenditure of funds for layered homeland missile defense system.Sec. 1665. Extension of requirement for Comptroller General review and assessment of missile defense acquisition programs.Sec. 1666. Repeal of requirement for reporting structure of Missile Defense Agency.Sec. 1667. Ground-based midcourse defense interim capability.TITLE XVII—Hong Kong Autonomy ActSec. 1701. Short title.Sec. 1702. Definitions.Sec. 1703. Findings.Sec. 1704. Sense of Congress regarding Hong Kong.Sec. 1705. Identification of foreign persons involved in the erosion of the obligations of China under the Joint Declaration or the Basic Law and foreign financial institutions that conduct significant transactions with those persons.Sec. 1706. Sanctions with respect to foreign persons that contravene the obligations of China under the Joint Declaration or the Basic Law.Sec. 1707. Sanctions with respect to foreign financial institutions that conduct significant transactions with foreign persons that contravene the obligations of China under the Joint Declaration or the Basic Law.Sec. 1708. Waiver, termination, exceptions, and congressional review process.Sec. 1709. Implementation; penalties.Sec. 1710. Rule of construction.Sec. 1711. Exception relating to importation of goods.DIVISION B—Military Construction AuthorizationsSec. 2001. Short title.Sec. 2002. Expiration of authorizations and amounts required to be specified by law.Sec. 2003. Effective date.TITLE XXI—Army military constructionSec. 2101. Authorized Army construction and land acquisition projects.Sec. 2102. Family housing.Sec. 2103. Authorization of appropriations, Army.Sec. 2104. Modification of authority to carry out fiscal year 2017 project at Camp Walker, Korea.TITLE XXII—Navy military constructionSec. 2201. Authorized Navy construction and land acquisition projects.Sec. 2202. Family housing.Sec. 2203. Improvements to military family housing units.Sec. 2204. Authorization of appropriations, Navy.TITLE XXIII—Air Force military constructionSec. 2301. Authorized Air Force construction and land acquisition projects.Sec. 2302. Family housing.Sec. 2303. Improvements to military family housing units.Sec. 2304. Authorization of appropriations, Air Force.Sec. 2305. Modification of authority to carry out fiscal year 2018 project at Royal Air Force Lakenheath.Sec. 2306. Modification of authority to carry out certain fiscal year 2019 projects.Sec. 2307. Modification of authority to carry out certain fiscal year 2020 family housing projects.Sec. 2308. Modification of authority to carry out certain fiscal year 2020 projects.TITLE XXIV—Defense Agencies military constructionSec. 2401. Authorized Defense Agencies construction and land acquisition projects.Sec. 2402. Authorized Energy Resilience and Conservation Investment Program projects.Sec. 2403. Authorization of appropriations, Defense Agencies.TITLE XXV—International programsSubtitle A—North Atlantic Treaty Organization Security Investment ProgramSec. 2501. Authorized NATO construction and land acquisition projects.Sec. 2502. Authorization of appropriations, NATO.Sec. 2503. Execution of projects under the North Atlantic Treaty Organization Security Investment Program.Subtitle B—Host Country In-Kind ContributionsSec. 2511. Republic of Korea funded construction projects.Sec. 2512. Qatar funded construction projects.TITLE XXVI—Guard and Reserve Forces facilitiesSec. 2601. Authorized Army National Guard construction and land acquisition projects.Sec. 2602. Authorized Army Reserve construction and land acquisition projects.Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects.Sec. 2604. Authorized Air National Guard construction and land acquisition projects.Sec. 2605. Authorized Air Force Reserve construction and land acquisition projects.Sec. 2606. Authorization of appropriations, National Guard and Reserve.Sec. 2607. Modification of authority to carry out fiscal year 2020 project in Alabama.TITLE XXVII—Base realignment and closure activitiesSec. 2701. Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account.Sec. 2702. Prohibition on conducting additional base realignment and closure (BRAC) round.Sec. 2703. Plan to finish remediation activities conducted by the Secretary of the Army in Umatilla, Oregon.TITLE XXVIII—Military construction and general provisionsSubtitle A—Military construction programSec. 2801. Responsibility of Navy for military construction requirements for certain Fleet Readiness Centers.Sec. 2802. Construction of ground-based strategic deterrent launch facilities and launch centers for Air Force.Subtitle B—Military family housingSec. 2821. Prohibition on substandard family housing units.Sec. 2822. Technical corrections to privatized military housing program.Sec. 2823. Requirement that Secretary of Defense implement recommendations relating to military family housing contained in report by Inspector General of Department of Defense.Subtitle C—Project management and oversight reformsSec. 2841. Promotion of energy resilience and energy security in privatized utility systems.Sec. 2842. Consideration of energy security and energy resilience in life-cycle cost for military construction.Subtitle D—Land conveyancesSec. 2861. Renewal of Fallon Range Training Complex land withdrawal and reservation.Sec. 2862. Renewal of Nevada Test and Training Range land withdrawal and reservation.Sec. 2863. Transfer of land under the administrative jurisdiction of the Department of the Interior within Naval Support Activity Panama City, Florida.Sec. 2864. Land conveyance, Camp Navajo, Arizona.Subtitle E—Other mattersSec. 2881. Military family readiness considerations in basing decisions.Sec. 2882. Prohibition on use of funds to reduce air base resiliency or demolish protected aircraft shelters in the European theater without creating a similar protection from attack.Sec. 2883. Prohibitions relating to closure or returning to host nation of existing bases under the European Consolidation Initiative.Sec. 2884. Enhancement of authority to accept conditional gifts of real property on behalf of military museums.Sec. 2885. Equal treatment of insured depository institutions and credit unions operating on military installations.Sec. 2886. Report on operational aviation units impacted by noise restrictions or noise mitigation measures.Sec. 2887. Transfer of funds for Oklahoma City national memorial endowment fund.TITLE XXIX—Overseas contingency operations military constructionSec. 2901. Authorized Navy construction and land acquisition projects.Sec. 2902. Authorized Air Force construction and land acquisition projects.Sec. 2903. Authorization of appropriations.Sec. 2904. Replenishment of certain military constructions funds.DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONSTITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMSSubtitle A—National Security Programs and AuthorizationsSec. 3101. National Nuclear Security Administration.Sec. 3102. Defense environmental cleanup.Sec. 3103. Other defense activities.Sec. 3104. Nuclear energy.Subtitle B—Budget of the National Nuclear Security AdministrationSec. 3111. Review of adequacy of nuclear weapons budget.Subtitle C—Personnel mattersSec. 3121. National Nuclear Security Administration Personnel System.Sec. 3122. Inclusion of certain employees and contractors of Department of Energy in definition of public safety officer for purposes of certain death benefits.Sec. 3123. Reimbursement for liability insurance for nuclear materials couriers.Sec. 3124. Transportation and moving expenses for immediate family of deceased nuclear materials couriers.Sec. 3125. Extension of authority for appointment of certain scientific, engineering, and technical personnel.Subtitle D—CybersecuritySec. 3131. Reporting on penetrations of networks of contractors and subcontractors.Sec. 3132. Clarification of responsibility for cybersecurity of National Nuclear Security Administration facilities.Subtitle E—Defense Environmental CleanupSec. 3141. Public statement of environmental liabilities for facilities undergoing defense environmental cleanup.Sec. 3142. Inclusion of missed milestones in future-years defense environmental cleanup plan.Sec. 3143. Classification of defense environmental cleanup as capital asset projects or operations activities.Sec. 3144. Continued analysis of approaches for supplemental treatment of low-activity waste at Hanford Nuclear Reservation.Subtitle F—Other MattersSec. 3151. Modifications to enhanced procurement authority to manage supply chain risk.Sec. 3152. Prohibition on use of laboratory- or production facility-directed research and development funds for general and administrative overhead costs.Sec. 3153. Monitoring of industrial base for nuclear weapons components, subsystems, and materials.Sec. 3154. Prohibition on use of funds for advanced naval nuclear fuel system based on low-enriched uranium.Sec. 3155. Authorization of appropriations for W93 nuclear warhead program.Sec. 3156. Review of future of computing beyond exascale at the National Nuclear Security Administration.Sec. 3157. Application of requirement for independent cost estimates and reviews to new nuclear weapon systems.Sec. 3158. Extension and expansion of limitations on importation of uranium from Russian Federation.Sec. 3159. Integration of stockpile stewardship and nonproliferation missions.Sec. 3160. Technology development and integration program.Sec. 3161. Advanced manufacturing development program.Sec. 3162. Materials science program.Sec. 3163. Modifications to Inertial Confinement Fusion Ignition and High Yield Program.Sec. 3164. Earned value management program for life extension programs.Sec. 3165. Use of high performance computing capabilities for COVID–19 research.Sec. 3166. Availability of stockpile responsiveness funds for projects to reduce time necessary to execute a nuclear test.Sec. 3167. Sense of the Senate on extension of limitations on importation of uranium from Russian Federation.TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARDSec. 3201. Authorization.Sec. 3202. Nonpublic collaborative discussions by Defense Nuclear Facilities Safety Board.Sec. 3203. Improvements to operations of Defense Nuclear Facilities Safety Board.TITLE XXXV—MARITIME ADMINISTRATIONSec. 3501. Maritime Administration.DIVISION D—Funding TablesSec. 4001. Authorization of amounts in funding tables.TITLE XLI—ProcurementSec. 4101. PROCUREMENT.Sec. 4102. Procurement for overseas contingency operations.TITLE XLII—RESEARCH, DEVELOPMENT, TEST, AND EVALUATIONSec. 4201. Research, development, test, and evaluation.Sec. 4202. Research, development, test, and evaluation for overseas contingency operations.TITLE XLIII—OPERATION AND MAINTENANCESec. 4301. Operation and maintenance.Sec. 4302. Operation and maintenance for overseas contingency operations.TITLE XLIV—MILITARY PERSONNELSec. 4401. Military personnel.Sec. 4402. Military personnel for overseas contingency operations.TITLE XLV—OTHER AUTHORIZATIONSSec. 4501. Other authorizations.Sec. 4502. Other authorizations for overseas contingency operations.TITLE XLVI—MILITARY CONSTRUCTIONSec. 4601. Military construction.Sec. 4602. Military construction for overseas contingency operations.TITLE XLVII—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMSSec. 4701. Department of Energy national security programs.DIVISION E—Additional ProvisionsTITLE LI—ProcurementSubtitle B—Army ProgramsSec. 5111. Report on CH–47F Chinook Block–II upgrade.Subtitle C—Navy ProgramsSec. 5121. Limitation on alteration of Navy fleet mix.TITLE LII—Research, Development, Test, and EvaluationSubtitle B—Program Requirements, Restrictions, and LimitationsSec. 5211. Importance of historically Black colleges and universities and minority-serving institutions.Subtitle C—Sustainable ChemistrySec. 5221. National coordinating entity for sustainable chemistry.Sec. 5222. Strategic plan for sustainable chemistry.Sec. 5223. Agency activities in support of sustainable chemistry.Sec. 5224. Partnerships in sustainable chemistry.Sec. 5225. Prioritization.Sec. 5226. Rule of construction.Sec. 5227. Major multi-user research facility project.Subtitle D—Cyber workforce mattersSec. 5231. Improving National Initiative for Cybersecurity Education.Sec. 5232. Development of standards and guidelines for improving cybersecurity workforce of Federal agencies.Sec. 5233. Modifications to Federal cyber scholarship-for-service program.Sec. 5234. Modifications to Federal cyber scholarship-for-service program.Sec. 5235. Cybersecurity in programs of the National Science Foundation.Sec. 5236. Cybersecurity in STEM programs of the National Aeronautics and Space Administration.Sec. 5237. Cybersecurity in Department of Transportation programs.Sec. 5238. National Cybersecurity Challenges.Sec. 5239. Internet of Things.Subtitle E—Plans, Reports, and Other MattersSec. 5241. Report on Department of Defense strategy on artificial intelligence standards.Sec. 5242. Study on establishment of energetics program office.Sec. 5243. Deepfake report.Sec. 5244. CISA Director.Sec. 5245. Agency review.Sec. 5246. General Services Administration review.TITLE LIII—Operation and MaintenanceSubtitle C—Logistics and SustainmentSec. 5331. Use of cost savings realized from intergovernmental services agreements for installation-support services.Subtitle D—ReportsSec. 5351. Report on non-permissive, global positioning system denied airfield capabilities.Subtitle E—Other MattersSec. 5371. Increase of amounts available to Marine Corps for base operations and support.Sec. 5372. Modernization of congressional reports process.TITLE LV—Military Personnel PolicySubtitle C—General Service AuthoritiesSec. 5516. Report on implementation of recommendations of the Comptroller General of the United States on recruitment and retention of female members of the Armed Forces.Subtitle F—Decorations and AwardsSec. 5551. Report on regulations and procedures to implement programs on award of medals or commendations to handlers of military working dogs.Subtitle G—Defense Dependents' Education and Military Family Readiness MattersPART II—Military Family Readiness MattersSec. 5571. Independent study and report on military spouse underemployment.Subtitle H—Other MattersSec. 5586. Questions regarding racism, anti-Semitism, and supremacism in workplace surveys administered by the Secretary of Defense.Sec. 5587. Briefing on the implementation of requirements on connections of retiring and separating members of the Armed Forces with community-based organizations and related entities.Sec. 5590. Pilot programs on remote provision by National Guard to State governments and National Guards of other States of cybersecurity technical assistance in training, preparation, and response to cyber incidents.TITLE LVII—Health Care ProvisionsSubtitle A—TRICARE and Other Health Care ProvisionsSec. 5707. Pilot program on receipt of non-generic prescription maintenance medications under TRICARE pharmacy benefits program.Subtitle B—Health Care AdministrationSec. 5723. Authority of Secretary of Defense to waive requirements during national emergencies for purposes of provision of health care.Subtitle C—Reports and Other MattersSec. 5741. Study and report on surge capacity of Department of Defense to establish negative air room containment systems in military medical treatment facilities.TITLE LVIII—Acquisition Policy, Acquisition Management, and Related MattersSubtitle A—Industrial Base MattersSec. 5801. Report on use of domestic nonavailability determinations.Sec. 5802. Report on the effect of the Defense Manufacturing Communities Support Program on the defense supply chain.Sec. 5803. Improving implementation of policy pertaining to the national technology and industrial base.Sec. 5808. Additional requirements pertaining to printed circuit boards.Sec. 5812. Miscellaneous limitations on the procurement of goods other than United States goods.Subtitle C—Amendments to General Contracting Authorities, Procedures, and LimitationsSec. 5841. Waivers of certain conditions for progress payments under certain contracts during the COVID–19 national emergency.Subtitle E—Small Business MattersSec. 5871. Office of Small Business and Disadvantaged Business Utilization.Sec. 5872. Eligibility of the Commonwealth of the Northern Mariana Islands for certain Small Business Administration programs.Sec. 5873. Disaster declaration in rural areas.Sec. 5874. Temporary extension for 8(a) participants.Sec. 5875. Maximum award price for sole source manufacturing contracts.Sec. 5876. Annual reports regarding the SBIR program of the Department of Defense.Sec. 5877. Small business loans for nonprofit child care providers.Subtitle G—Other MattersSec. 5891. Listing of other transaction authority consortia.Sec. 5892. Report recommending disposition of notes to certain sections of title 10, United States Code.Sec. 5893. Applicability of reporting requirement related to notional milestones and standard timelines for foreign military sales.Sec. 5894. Additional requirements related to mitigating risks related to foreign ownership, control, or influence of Department of Defense contractors and subcontractors.TITLE LIX—Department of Defense Organization and ManagementSubtitle D—Organization and Management of Other Department of Defense Offices and ElementsSec. 5951. Comptroller General of the United States report on vulnerabilities of the Department of Defense resulting from offshore technical support call centers.TITLE LX—General ProvisionsSubtitle A—Financial MattersSec. 6001. Under Secretary of Defense (Comptroller) reports on improving the budget justification and related materials of the Department of Defense.Sec. 6002. Report on fiscal year 2022 budget request requirements in connection with Air Force operations in the Arctic.Sec. 6003. Providing information to States regarding undelivered savings bonds.Subtitle E—Miscellaneous Authorities and LimitationsSec. 6046. Conditions for permanently basing United States equipment or additional military units in host countries with at-risk vendors in 5G or 6G networks.Sec. 6047. Antidiscrimination.Subtitle F—Studies and ReportsSec. 6061. Maritime security and domain awareness.Sec. 6062. Report on pandemic preparedness and planning of the Navy.Sec. 6063. Study and report on the affordability of insulin.Subtitle G—Other MattersSec. 6081. Modification to First Division monument.Sec. 6082. Estimate of damages from Federal Communications Commission Order 20–48.Sec. 6083. Diesel emissions reduction.Sec. 6084. Utilizing significant emissions with innovative technologies.Sec. 6085. Legal assistance for veterans and surviving spouses and dependents.Sec. 6086. Silver Star Service Banner Day.Sec. 6087. Established Program to Stimulate Competitive Research.Sec. 6088. Subpoena authority.Sec. 6089. Thad Cochran headquarters building.Sec. 6090. Comptroller General of the United States report on handling by Department of Veterans Affairs of disability-related benefits claims by veterans with type 1 diabetes who were exposed to a herbicide agent.Sec. 6091. Special rules for certain monthly workers’ compensation payments and other payments for Federal Government personnel under chief of mission authority.Subtitle H—Industries of the FutureSec. 6094A. Short title.Sec. 6094B. Report on Federal research and development focused on industries of the future.Sec. 6094C. Industries of the Future Coordination Council.Subtitle I—READI ActSec. 6096. Short title.Sec. 6096A. Definitions.Sec. 6096B. Wireless Emergency Alerts System offerings.Sec. 6096C. State Emergency Alert System Plans and Emergency Communications Committees.Sec. 6096D. Integrated public alert and warning system guidance.Sec. 6096E. False alert reporting.Sec. 6096F. Repeating Emergency Alert System messages for national security.Sec. 6096G. Internet and online streaming services emergency alert examination.TITLE LXII—Matters Relating to Foreign NationsSubtitle B—Matters Relating to Afghanistan and PakistanSec. 6211. Congressional oversight of United States talks with Taliban officials and Afghanistan’s comprehensive peace process.Subtitle D—Matters Relating to Europe and the Russian FederationSec. 6231. Clarification and expansion of sanctions relating to construction of Nord Stream 2 or TurkStream pipeline projects.Sec. 6235. Sense of Senate on admission of Ukraine to the North Atlantic Treaty Organization Enhanced Opportunities Partnership Program.Subtitle E—Matters Relating to the Indo-Pacific RegionSec. 6251. Pilot program to improve cyber cooperation with Vietnam, Thailand, and Indonesia.Subtitle F—ReportsSec. 6273. Report on risk to personnel, equipment, and operations due to Huawei 5G architecture in host countries.Subtitle G—Other MattersSec. 6281. Comparative studies on defense budget transparency of the People's Republic of China, the Russian Federation, and the United States.Sec. 6282. Modification to initiative to support protection of national security academic researchers from undue influence and other security threats.Sec. 6283. Sense of Senate on United States-Israel cooperation on precision-guided munitions.Sec. 6284. Blocking deadly fentanyl imports.Sec. 6286. Establishment of United States-Israel Operations-Technology Working Group.Subtitle H—United States-Israel Security AssistanceSec. 6290. Short title.Sec. 6290A. Definition.Chapter 1—Security assistance for IsraelSec. 6291. Findings.Sec. 6292. Statement of policy.Sec. 6293. Security assistance for Israel.Sec. 6294. Extension of war reserves stockpile authority.Sec. 6295. Extension of loan guarantees to Israel.Sec. 6296. Transfer of precision guided munitions to Israel.Sec. 6297. Sense of Congress on rapid acquisition and deployment procedures.Sec. 6298. Eligibility of Israel for the strategic trade authorization exception to certain export control licensing requirements.Chapter 2—Enhanced United States-Israel cooperationSec. 6299. United States Agency for International Development memoranda of understanding to enhance cooperation with Israel.Sec. 6299A. Cooperative projects among the United States, Israel, and developing countries.Sec. 6299B. Joint cooperative program related to innovation and high-tech for the Middle East region.Sec. 6299C. Sense of Congress on United States-Israel economic cooperation.Sec. 6299D. Cooperation on directed energy capabilities.Sec. 6299E. Plans to provide Israel with necessary defense articles and services in a contingency.Sec. 6299F. Other matters of cooperation.TITLE LXVI—Strategic Programs, Cyber, and Intelligence MattersSubtitle B—Cyberspace Related MattersSec. 6611. Report on use of encryption by Department of Defense national security systems.Sec. 6612. Guidance and direction on use of direct hiring processes for artificial intelligence professionals and other data science and software development personnel.Sec. 6613. Cybersecurity State Coordinator Act.Sec. 6614. Cybersecurity Advisory Committee.Sec. 6615. Cybersecurity Education and Training Assistance Program.Subtitle C—Nuclear ForcesSec. 6651. Report on electromagnetic pulse hardening of ground-based strategic deterrent weapons system.TITLE LXVII—Nuclear Energy LeadershipSec. 6701. Advanced nuclear reactor research and development goals.Sec. 6702. Nuclear energy strategic plan.Sec. 6703. Versatile, reactor-based fast neutron source.Sec. 6704. Advanced nuclear fuel security program.Sec. 6705. University Nuclear Leadership Program.Sec. 6706. Adjusting strategic petroleum reserve mandated drawdowns.TITLE LXXVIII—Military Construction and General ProvisionsSubtitle A—Military Construction ProgramSec. 7801. Modification to authority for military construction projects for child development centers at military installations.Sec. 7802. Modification of construction of ground-based strategic deterrent launch facilities and launch centers for the Air Force.Subtitle B—Military Family HousingSec. 7821. Inclusion of assessment of performance metrics in annual publication on use of incentive fees for privatized military housing projects.Subtitle D—Land ConveyancesSec. 7861. Establishment of interagency committees on joint use of certain land withdrawn from appropriation under public land laws.Sec. 7862. Lease extension for Bryan Multi-Sports Complex, Wayne County, North Carolina.Subtitle E—Other MattersSec. 7881. Sense of Congress on relocation of Joint Spectrum Center.TITLE LXXXI—Department of Energy National Security ProgramsSubtitle F—Other MattersSec. 8159. Extension and expansion of limitations on importation of uranium from Russian Federation.DIVISION F—Intelligence Authorization Act for Fiscal Year 2021Sec. 9001. Short title.Sec. 9002. Definitions.TITLE XCI—Intelligence activitiesSec. 9101. Authorization of appropriations.Sec. 9102. Classified Schedule of Authorizations.Sec. 9103. Intelligence Community Management Account.TITLE XCII—Central Intelligence Agency retirement and disability systemSec. 9201. Authorization of appropriations.TITLE XCIII—Intelligence community mattersSubtitle A—General intelligence community mattersSec. 9301. Restriction on conduct of intelligence activities.Sec. 9302. Increase in employee compensation and benefits authorized by law.Sec. 9303. Clarification of authorities and responsibilities of National Manager for National Security Telecommunications and Information Systems Security.Sec. 9304. Continuity of operations plans for certain elements of the intelligence community in the case of a national emergency.Sec. 9305. Application of Executive Schedule level III to position of Director of National Reconnaissance Office.Sec. 9306. National Intelligence University.Sec. 9307. Requiring facilitation of establishment of Social Media Data and Threat Analysis Center.Sec. 9308. Data collection on attrition in intelligence community.Sec. 9309. Limitation on delegation of responsibility for program management of information-sharing environment.Sec. 9310. Improvements to provisions relating to intelligence community information technology environment.Sec. 9311. Requirements and authorities for Director of the Central Intelligence Agency to improve education in science, technology, engineering, arts, and mathematics.Subtitle B—Reports and assessments pertaining to intelligence communitySec. 9321. Assessment by the Comptroller General of the United States on efforts of the intelligence community and the Department of Defense to identify and mitigate risks posed to the intelligence community and the Department by the use of direct-to-consumer genetic testing by the Government of the People's Republic of China.Sec. 9322. Report on use by intelligence community of hiring flexibilities and expedited human resources practices to assure quality and diversity in the workforce of the intelligence community.Sec. 9323. Report on signals intelligence priorities and requirements.Sec. 9324. Assessment of demand for student loan repayment program benefit.Sec. 9325. Assessment of intelligence community demand for child care.Sec. 9326. Open source intelligence strategies and plans for the intelligence community.TITLE XCIV—Security clearances and trusted workforceSec. 9401. Exclusivity, consistency, and transparency in security clearance procedures, and right to appeal.Sec. 9402. Establishing process parity for security clearance revocations.Sec. 9403. Federal policy on sharing of derogatory information pertaining to contractor employees in the trusted workforce.TITLE XCV—Reports and other mattersSec. 9501. Report on attempts by foreign adversaries to build telecommunications and cybersecurity equipment and services for, or to provide such equipment and services to, certain allies of the United States.Sec. 9502. Report on threats posed by use by foreign governments and entities of commercially available cyber intrusion and surveillance technology.Sec. 9503. Reports on recommendations of the Cyberspace Solarium Commission.Sec. 9504. Assessment of critical technology trends relating to artificial intelligence, microchips, and semiconductors and related supply chains.Sec. 9505. Combating Chinese influence operations in the United States and strengthening civil liberties protections.Sec. 9506. Annual report on corrupt activities of senior officials of the Chinese Communist Party.Sec. 9507. Report on corrupt activities of Russian and other Eastern European oligarchs.Sec. 9508. Report on biosecurity risk and disinformation by the Chinese Communist Party and the Government of the People's Republic of China.Sec. 9509. Report on effect of lifting of United Nations arms embargo on Islamic Republic of Iran.Sec. 9510. Report on Iranian activities relating to nuclear nonproliferation.Sec. 9511. Sense of Congress on Third Option Foundation.

3.

Congressional defense committees

In this Act, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.

4.

Budgetary effects of this Act

The budgetary effects of this Act, for the purposes of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, jointly submitted for printing in the Congressional Record by the Chairmen of the House and Senate Budget Committees, provided that such statement has been submitted prior to the vote on passage in the House acting first on the conference report or amendment between the Houses.

A

Department of Defense Authorizations

B

Military Construction Authorizations

2001.

Short title

This division may be cited as the Military Construction Authorization Act for Fiscal Year 2021.

2002.

Expiration of authorizations and amounts required to be specified by law

(a)

Expiration of authorizations after five years

Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—(1)October 1, 2025; or(2)the date of the enactment of an Act authorizing funds for military construction for fiscal year 2026.(b)

Exception

Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of—(1)October 1, 2025; or(2)the date of the enactment of an Act authorizing funds for fiscal year 2026 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.

2003.

Effective date

Titles XXI through XXVII and title XXIX shall take effect on the later of—(1)October 1, 2020; or(2)the date of the enactment of this Act.

C

DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

D

Funding Tables

4001.

Authorization of amounts in funding tables

(a)

In general

Whenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the project, program, or activity is hereby authorized, subject to the availability of appropriations.(b)

Merit-based decisions

A decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall—(1)be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, or on competitive procedures; and(2)comply with other applicable provisions of law.(c)

Relationship to transfer and programming authority

An amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 or section 1522 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts.(d)

Applicability to classified annex

This section applies to any classified annex that accompanies this Act.(e)

Oral written communications

No oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section.

E

Additional Provisions

.(3)

Conforming amendments

The table of contents in section 1(b) of the Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is amended—(A)by inserting after the item relating to section 206 the following:Sec. 207. Complaint tracking.Sec. 208. Notation in personnel record.; and(B)by adding at the end the following:Title IV—Processing and referralSec. 401. Processing and resolution of complaints.Sec. 402. No limitation on advice or counsel.Sec. 403. Head of Program supervised by head of agency.Sec. 404. Referrals of findings of discrimination..(h)

Nondisclosure agreement limitation

Section 2302(b)(13) of title 5, United States Code, is amended—(1)by striking agreement does not and inserting the following: “agreement—(A)does not; (2)in subparagraph (A), as so designated, by inserting or the Office of Special Counsel after Inspector General; and(3)by adding at the end the following:(B)prohibits or restricts an employee or applicant for employment from disclosing to Congress, the Special Counsel, the Inspector General of an agency, or any other agency component responsible for internal investigation or review any information that relates to any violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or any other whistleblower protection; or.F

Studies and Reports

6061.

Maritime security and domain awareness

(a)

Progress report on maritime security

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, the Secretary of the Department in which the Coast Guard is operating, and the heads of other appropriate Federal agencies, shall submit to the congressional defense committees a report on the steps taken since December 20, 2019, to make further use of the following mechanisms to combat IUU fishing:(A)Inclusion of counter-IUU fishing in existing shiprider agreements to which the United States is a party.(B)Entry into shiprider agreements that include counter-IUU fishing with priority flag states and countries in priority regions with which the United States does not already have such agreements.(C)Inclusion of counter-IUU fishing in the mission of the Combined Maritime Forces.(D)Inclusion of counter-IUU fishing exercises in the annual at-sea exercises conducted by the Department of Defense, in coordination with the United States Coast Guard.(E)Development of partnerships similar to the Oceania Maritime Security Initiative and the Africa Maritime Law Enforcement Partnership in other priority regions.(2)

Element

The report required by paragraph (1) shall include a description of specific steps taken by the Secretary of the Navy with respect to each mechanism described in paragraph (1), including a detailed description of any security cooperation engagement undertaken to combat IUU fishing by such mechanisms and resulting coordination between the Department of the Navy and the Coast Guard.(b)

Assessment of service coordination on maritime domain awareness

(1)

In general

Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy shall enter into an agreement with the Secretary of the department in which the Coast Guard is operating, in consultation with the Secretary of Commerce, to assess the available commercial solutions for collecting, sharing, and disseminating among United States maritime services and partner countries maritime domain awareness information relating to illegal maritime activities, including IUU fishing.(2)

Elements

The assessment carried out pursuant to an agreement under paragraph (1) shall—(A)build on the ongoing Coast Guard assessment related to autonomous vehicles; (B)consider appropriate commercially and academically available technological solutions; and (C)consider any limitation related to affordability, exportability, maintenance, and sustainment requirements and any other factor that may constrain the suitability of such solutions for use in a joint and combined environment, including the potential provision of such solutions to one or more partner countries.(3)

Submittal to Congress

Not later than one year after entering into an agreement under paragraph (1), the Secretary of the Navy shall submit to the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate and the Committee on Armed Services, the Committee on Natural Resources, the Committee on Transportation and Infrastructure, and the Committee on Appropriations of the House of Representatives the assessment prepared in accordance with the agreement. (c)

Report on use of fishing fleets by foreign governments

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Naval Intelligence shall submit to the Committee on Armed Services, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate and the Committee on Armed Services, the Committee on Natural Resources, the Committee on Transportation and Infrastructure, and the Committee on Appropriations of the House of Representatives a report on the use by governments of foreign countries of distant-water fishing fleets as extensions of the official maritime security forces of such countries. (2)

Element

The report required by paragraph (1) shall include the following:(A)An analysis of the manner in which fishing fleets are leveraged in support of the naval operations and policies of foreign countries more generally.(B)A consideration of—(i)threats posed, on a country-by-country basis, to the fishing vessels and other vessels of the United States and partner countries; (ii)risks to Navy and Coast Guard operations of the United States, and the naval and coast guard operations of partner countries; and(iii)the broader challenge to the interests of the United States and partner countries.(3)

Form

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

Definitions

In this section, any term that is also used in the Maritime SAFE Act (Public Law 116–92) shall have the meaning given such term in that Act.

6062.

Report on pandemic preparedness and planning of the Navy

Not later than 120 days after the date of the enactment of this Act, the Secretary of the Navy shall submit to the congressional defense committees a report containing a description of the plans of the Navy to prepare for and respond to future pandemics, including future outbreaks of the Coronavirus Disease 2019 (COVID–19). The report shall include a written description of plans, including any necessary corresponding budgetary actions, for the following:(1)Efforts to prevent and mitigate the impacts of future pandemics at both private and public shipyards, and to protect the health and safety of both military personnel and civilian workers at such shipyards.(2)Protocol and mitigation strategies once an outbreak of a highly contagious illness occurs aboard a Navy vessel while underway.(3)Development and adoption of technologies and protocols to prevent and mitigate the spread of future pandemics aboard Navy ships and among Navy personnel, including technologies and protocols in connection with the following:(A)Artificial intelligence and data-driven infectious disease modeling and interventions.(B)Shipboard airflow management and disinfectant technologies.(C)Personal protective equipment, sensors, and diagnostic systems.(D)Minimally crewed and autonomous supply vehicles.

6063.

Study and report on the affordability of insulin

The Secretary of Health and Human Services, acting through the Assistant Secretary for Planning and Evaluation, shall—(1)conduct a study that examines, for each type or classification of diabetes (including type 1 diabetes, type 2 diabetes, gestational diabetes, and other conditions causing reliance on insulin), the effect of the affordability of insulin on—(A)adherence to insulin prescriptions;(B)rates of diabetic ketoacidosis;(C)downstream impacts of insulin adherence, including rates of dialysis treatment and end-stage renal disease;(D)spending by Federal health programs on acute episodes that could have been averted by adhering to an insulin prescription; and(E)other factors, as appropriate, to understand the impacts of insulin affordability on health outcomes, Federal Government spending (including under the Medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.) and the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.)), and insured and uninsured individuals with diabetes; and(2)not later than 2 years after the date of enactment of this Act, submit to Congress a report on the study conducted under paragraph (1).

G

Other Matters

6081.

Modification to First Division monument

(a)

Authorization

The Society of the First Infantry Division may make modifications to the First Division Monument located on Federal land in President's Park in the District of Columbia to honor the dead of the First Infantry Division, United States Forces, in—(1)Operation Desert Storm;(2)Operation Iraqi Freedom and New Dawn; and(3)Operation Enduring Freedom.(b)

Modifications

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

Applicability of commemorative works act

Chapter 89 of title 40, United States Code (commonly known as the Commemorative Works Act), shall apply to the design and placement of the commemorative elements authorized by this section, except that subsections (b) and (c) of section 8903 shall not apply.(d)

Collaboration

The First Infantry Division of the Department of the Army shall collaborate with the Secretary of Defense to provide to the Society of the First Infantry Division the list of names to be added to the First Division Monument in accordance with subsection (a).(e)

Funding

Federal funds may not be used for modifications of the First Division Monument authorized by this section.

6082.

Estimate of damages from Federal Communications Commission Order 20–48

Section 1083 is deemed to include at the end the following:(d)

Distribution of estimate

As soon as practicable after submitting an estimate as described in paragraph (1) of subsection (a) and making the certification described in paragraph (2) of such subsection, the Secretary shall make such estimate available to any licensee operating under the order and authorization described in such subsection.(e)

Authority of secretary of defense to seek recovery of costs

The Secretary of Defense may work directly with any licensee (or any future assignee, successor, or purchaser) affected by the Order and Authorization adopted by the Federal Communications Commission on April 19, 2020 (FCC 20–48) to seek recovery of costs incurred by the Department of Defense as a result of the effect of such order and authorization. (f)

Reimbursement

(1)

In general

The Secretary shall establish and facilitate a process for any licensee (or any future assignee, successor, or purchaser) subject to the authorization and order described in subsection (a) to provide reimbursement to the Department of Defense, only to the extent provided in appropriations Acts, for the covered costs and eligible reimbursable costs submitted and certified to the congressional defense committees under such subsection.(2)

Use of funds

The Secretary shall use any funds received under this subsection, to the extent and in such amounts as are provided in advance in appropriations Acts, for covered costs described in subsection (b) and the range of eligible reimbursable costs identified under subsection (a)(1).(3)

Report

Not later than 90 days after the date on which the Secretary establishes the process required by paragraph (1), the Secretary shall submit to the congressional defense committees a report on such process.(g)

Good faith

The execution of the responsibilities of this section by the Department of Defense shall be considered to be good faith actions pursuant to paragraph 104 of the Order and Authorization (FCC 20–48) described in subsection (a). .

6083.

Diesel emissions reduction

(a)

Reauthorization of diesel emissions reduction program

Section 797(a) of the Energy Policy Act of 2005 (42 U.S.C. 16137(a)) is amended by striking 2016 and inserting 2024.(b)

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

(1)

National grant, rebate, and loan programs

Section 792(c)(4)(D) of the Energy Policy Act of 2005 (42 U.S.C. 16132(c)(4)(D)) is amended by inserting , recognizing differences in typical vehicle, engine, equipment, and fleet use throughout the United States before the semicolon.(2)

State grant, rebate, and loan programs

Section 793(b)(1) of the Energy Policy Act of 2005 (42 U.S.C. 16133(b)(1)) is amended—(A)in subparagraph (B), by striking ; and and inserting a semicolon; and(B)by adding at the end the following:(D)the recognition, for purposes of implementing this section, of differences in typical vehicle, engine, equipment, and fleet use throughout the United States, including expected useful life; and.(c)

Reallocation of unused state funds

Section 793(c)(2)(C) of the Energy Policy Act of 2005 (42 U.S.C. 16133(c)(2)(C)) is amended beginning in the matter preceding clause (i) by striking to each remaining and all that follows through this paragraph in clause (ii) and inserting to carry out section 792.

6084.

Utilizing significant emissions with innovative technologies

(a)

Short title

This section may be cited as the Utilizing Significant Emissions with Innovative Technologies Act or the USE IT Act.(b)

Research, investigation, training, and other activities

Section 103 of the Clean Air Act (42 U.S.C. 7403) is amended—(1)in subsection (c)(3), in the first sentence of the matter preceding subparagraph (A), by striking percursors and inserting precursors; and(2)in subsection (g)—(A)by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and indenting appropriately;(B)in the undesignated matter following subparagraph (D) (as so redesignated)—(i)in the second sentence, by striking The Administrator and inserting the following:(5)

Coordination and avoidance of duplication

The Administrator; and(ii)in the first sentence, by striking Nothing and inserting the following:(4)

Effect of subsection

Nothing;(C)in the matter preceding subparagraph (A) (as so redesignated)—(i)in the third sentence, by striking Such program and inserting the following:(3)

Program inclusions

The program under this subsection;(ii)in the second sentence—(I)by inserting States, institutions of higher education, after scientists,; and(II)by striking Such strategies and technologies shall be developed and inserting the following:(2)

Participation requirement

Such strategies and technologies described in paragraph (1) shall be developed; and(iii)in the first sentence, by striking In carrying out and inserting the following:(1)

In general

In carrying out; and(D)by adding at the end the following:(6)

Certain carbon dioxide activities

(A)

In general

In carrying out paragraph (3)(A) with respect to carbon dioxide, the Administrator shall carry out the activities described in each of subparagraphs (B), (C), (D), and (E).(B)

Direct air capture research

(i)

Definitions

In this subparagraph:(I)

Board

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

Dilute

The term dilute means a concentration of less than 1 percent by volume.(III)

Direct air capture

(aa)

In general

The term direct air capture, with respect to a facility, technology, or system, means that the facility, technology, or system uses carbon capture equipment to capture carbon dioxide directly from the air.(bb)

Exclusion

The term direct air capture does not include any facility, technology, or system that captures carbon dioxide—(AA)that is deliberately released from a naturally occurring subsurface spring; or(BB)using natural photosynthesis.(IV)

Intellectual property

The term intellectual property means—(aa)an invention that is patentable under title 35, United States Code; and(bb)any patent on an invention described in item (aa).(ii)

Technology prizes

(I)

In general

Not later than 1 year after the date of enactment of the USE IT Act, the Administrator, in consultation with the Secretary of Energy, shall establish a program to provide, and shall provide, financial awards on a competitive basis for direct air capture from media in which the concentration of carbon dioxide is dilute.(II)

Duties

In carrying out this clause, the Administrator shall—(aa)subject to subclause (III), develop specific requirements for—(AA)the competition process; and(BB)the demonstration of performance of approved projects;(bb)offer financial awards for a project designed—(AA)to the maximum extent practicable, to capture more than 10,000 tons of carbon dioxide per year; and(BB)to operate in a manner that would be commercially viable in the foreseeable future (as determined by the Board); and(cc)to the maximum extent practicable, make financial awards to geographically diverse projects, including at least—(AA)1 project in a coastal State; and(BB)1 project in a rural State.(III)

Public participation

In carrying out subclause (II)(aa), the Administrator shall—(aa)provide notice of and, for a period of not less than 60 days, an opportunity for public comment on, any draft or proposed version of the requirements described in subclause (II)(aa); and(bb)take into account public comments received in developing the final version of those requirements.(iii)

Direct air capture technology advisory board

(I)

Establishment

There is established an advisory board to be known as the Direct Air Capture Technology Advisory Board.(II)

Composition

The Board shall be composed of 9 members appointed by the Administrator, who shall provide expertise in—(aa)climate science;(bb)physics;(cc)chemistry;(dd)biology;(ee)engineering;(ff)economics;(gg)business management; and(hh)such other disciplines as the Administrator determines to be necessary to achieve the purposes of this subparagraph.(III)

Term; vacancies

(aa)

Term

A member of the Board shall serve for a term of 6 years.(bb)

Vacancies

A vacancy on the Board—(AA)shall not affect the powers of the Board; and(BB)shall be filled in the same manner as the original appointment was made.(IV)

Initial meeting

Not later than 30 days after the date on which all members of the Board have been appointed, the Board shall hold the initial meeting of the Board.(V)

Meetings

The Board shall meet at the call of the Chairperson or on the request of the Administrator.(VI)

Quorum

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

Chairperson and vice chairperson

The Board shall select a Chairperson and Vice Chairperson from among the members of the Board.(VIII)

Compensation

Each member of the Board may be compensated at not to exceed the daily equivalent of the annual rate of basic pay in effect for a position at level V of the Executive Schedule under section 5316 of title 5, United States Code, for each day during which the member is engaged in the actual performance of the duties of the Board.(IX)

Duties

The Board shall advise the Administrator on carrying out the duties of the Administrator under this subparagraph.(X)

FACA

The Federal Advisory Committee Act (5 U.S.C. App.) shall apply to the Board.(iv)

Intellectual property

(I)

In general

As a condition of receiving a financial award under this subparagraph, an applicant shall agree to vest the intellectual property of the applicant derived from the technology in 1 or more entities that are incorporated in the United States.(II)

Reservation of license

The United States—(aa)may reserve a nonexclusive, nontransferable, irrevocable, paid-up license, to have practiced for or on behalf of the United States, in connection with any intellectual property described in subclause (I); but(bb)shall not, in the exercise of a license reserved under item (aa), publicly disclose proprietary information relating to the license.(III)

Transfer of title

Title to any intellectual property described in subclause (I) shall not be transferred or passed, except to an entity that is incorporated in the United States, until the expiration of the first patent obtained in connection with the intellectual property.(v)

Authorization of appropriations

(I)

In general

Of the amounts authorized to be appropriated for the Environmental Protection Agency, $35,000,000 shall be available to carry out this subparagraph, to remain available until expended.(II)

Requirement

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

Termination of authority

The Board and all authority provided under this subparagraph shall terminate not later than 10 years after the date of enactment of the USE IT Act.(C)

Carbon dioxide utilization research

(i)

Definition of carbon dioxide utilization

In this subparagraph, the term carbon dioxide utilization refers to technologies or approaches that lead to the use of carbon dioxide—(I)through the fixation of carbon dioxide through photosynthesis or chemosynthesis, such as through the growing of algae or bacteria;(II)through the chemical conversion of carbon dioxide to a material or chemical compound in which the carbon dioxide is securely stored; or(III)through the use of carbon dioxide for any other purpose for which a commercial market exists, as determined by the Administrator.(ii)

Program

The Administrator, in consultation with the Secretary of Energy, shall carry out a research and development program for carbon dioxide utilization to promote existing and new technologies that transform carbon dioxide generated by industrial processes into a product of commercial value, or as an input to products of commercial value.(iii)

Technical and financial assistance

Not later than 2 years after the date of enactment of the USE IT Act, in carrying out this subsection, the Administrator, in consultation with the Secretary of Energy, shall support research and infrastructure activities relating to carbon dioxide utilization by providing technical assistance and financial assistance in accordance with clause (iv).(iv)

Eligibility

To be eligible to receive technical assistance and financial assistance under clause (iii), a carbon dioxide utilization project shall—(I)have access to an emissions stream generated by a stationary source within the United States that is capable of supplying not less than 250 metric tons per day of carbon dioxide for research;(II)have access to adequate space for a laboratory and equipment for testing small-scale carbon dioxide utilization technologies, with onsite access to larger test bays for scale-up; and(III)have existing partnerships with institutions of higher education, private companies, States, or other government entities.(v)

Coordination

In supporting carbon dioxide utilization projects under this paragraph, the Administrator shall consult with the Secretary of Energy, and, as appropriate, with the head of any other relevant Federal agency, States, the private sector, and institutions of higher education to develop methods and technologies to account for the carbon dioxide emissions avoided by the carbon dioxide utilization projects.(vi)

Authorization of appropriations

(I)

In general

Of the amounts authorized to be appropriated for the Environmental Protection Agency, $50,000,000 shall be available to carry out this subparagraph, to remain available until expended.(II)

Requirement

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

Deep saline formation report

(i)

Definition of deep saline formation

(I)

In general

In this subparagraph, the term deep saline formation means a formation of subsurface geographically extensive sedimentary rock layers saturated with waters or brines that have a high total dissolved solids content and that are below the depth where carbon dioxide can exist in the formation as a supercritical fluid.(II)

Clarification

In this subparagraph, the term deep saline formation does not include oil and gas reservoirs.(ii)

Report

In consultation with the Secretary of Energy, and, as appropriate, with the head of any other relevant Federal agency and relevant stakeholders, not later than 1 year after the date of enactment of the USE IT Act, the Administrator shall prepare, submit to Congress, and make publicly available a report that includes—(I)a comprehensive identification of potential risks and benefits to project developers associated with increased storage of carbon dioxide captured from stationary sources in deep saline formations, using existing research;(II)recommendations, if any, for managing the potential risks identified under subclause (I), including potential risks unique to public land; and(III)recommendations, if any, for Federal legislation or other policy changes to mitigate any potential risks identified under subclause (I).(E)

Report on carbon dioxide nonregulatory strategies and technologies

(i)

In general

Not less frequently than once every 2 years, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that describes—(I)the recipients of assistance under subparagraphs (B) and (C); and(II)a plan for supporting additional nonregulatory strategies and technologies that could significantly prevent carbon dioxide emissions or reduce carbon dioxide levels in the air, in conjunction with other Federal agencies.(ii)

Inclusions

The plan submitted under clause (i) shall include—(I)a methodology for evaluating and ranking technologies based on the ability of the technologies to cost effectively reduce carbon dioxide emissions or carbon dioxide levels in the air; and(II)a description of any nonair-related environmental or energy considerations regarding the technologies.(F)

GAO report

The Comptroller General of the United States shall submit to Congress a report that—(i)identifies all Federal grant programs in which a purpose of a grant under the program is to perform research on carbon capture and utilization technologies, including direct air capture technologies; and(ii)examines the extent to which the Federal grant programs identified pursuant to clause (i) overlap or are duplicative..(c)

Report

Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the Administrator) shall submit to Congress a report describing how funds appropriated to the Administrator during the 5 most recent fiscal years have been used to carry out section 103 of the Clean Air Act (42 U.S.C. 7403), including a description of—(1)the amount of funds used to carry out specific provisions of that section; and(2)the practices used by the Administrator to differentiate funding used to carry out that section, as compared to funding used to carry out other provisions of law.(d)

Inclusion of carbon capture infrastructure projects

Section 41001(6) of the FAST Act (42 U.S.C. 4370m(6)) is amended—(1)in subparagraph (A)—(A)in the matter preceding clause (i), by inserting carbon capture, after manufacturing,;(B)in clause (i)(III), by striking or at the end;(C)by redesignating clause (ii) as clause (iii); and(D)by inserting after clause (i) the following:(ii)is covered by a programmatic plan or environmental review developed for the primary purpose of facilitating development of carbon dioxide pipelines; or; and(2)by adding at the end the following:(C)

Inclusion

For purposes of subparagraph (A), construction of infrastructure for carbon capture includes construction of—(i)any facility, technology, or system that captures, utilizes, or sequesters carbon dioxide emissions, including projects for direct air capture (as defined in paragraph (6)(B)(i) of section 103(g) of the Clean Air Act (42 U.S.C. 7403(g)); and(ii)carbon dioxide pipelines..(e)

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

(1)

Definitions

In this subsection:(A)

Carbon capture, utilization, and sequestration projects

The term carbon capture, utilization, and sequestration projects includes projects for direct air capture (as defined in paragraph (6)(B)(i) of section 103(g) of the Clean Air Act (42 U.S.C. 7403(g))).(B)

Efficient, orderly, and responsible

The term efficient, orderly, and responsible means, with respect to development or the permitting process for carbon capture, utilization, and sequestration projects and carbon dioxide pipelines, a process that is completed in an expeditious manner while maintaining environmental, health, and safety protections.(2)

Report

(A)

In general

Not later than 180 days after the date of enactment of this Act, the Chair of the Council on Environmental Quality (referred to in this section as the Chair), in consultation with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Secretary of the Interior, the Executive Director of the Federal Permitting Improvement Council, and the head of any other relevant Federal agency (as determined by the President), shall prepare a report that—(i)compiles all existing relevant Federal permitting and review information and resources for project applicants, agencies, and other stakeholders interested in the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines, including—(I)the appropriate points of interaction with Federal agencies;(II)clarification of the permitting responsibilities and authorities among Federal agencies; and(III)best practices and templates for permitting;(ii)inventories current or emerging activities that transform captured carbon dioxide into a product of commercial value, or as an input to products of commercial value;(iii)inventories existing initiatives and recent publications that analyze or identify priority carbon dioxide pipelines needed to enable efficient, orderly, and responsible development of carbon capture, utilization, and sequestration projects at increased scale;(iv)identifies gaps in the current Federal regulatory framework for the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines; and(v)identifies Federal financing mechanisms available to project developers.(B)

Submission; publication

The Chair shall—(i)submit the report under subparagraph (A) to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives; and(ii)as soon as practicable, make the report publicly available.(3)

Guidance

(A)

In general

After submission of the report under paragraph (2)(B), but not later than 1 year after the date of enactment of this Act, the Chair shall submit guidance consistent with that report to all relevant Federal agencies that—(i)facilitates reviews associated with the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines; and(ii)supports the efficient, orderly, and responsible development of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines.(B)

Requirements

(i)

In general

The guidance under subparagraph (A) shall address requirements under—(I)the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);(II)the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);(III)the Clean Air Act (42 U.S.C. 7401 et seq.);(IV)the Safe Drinking Water Act (42 U.S.C. 300f et seq.);(V)the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);(VI)division A of subtitle III of title 54, United States Code (formerly known as the National Historic Preservation Act);(VII)the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);(VIII)the Act of June 8, 1940 (16 U.S.C. 668 et seq.) (commonly known as the Bald and Golden Eagle Protection Act); and(IX)any other Federal law that the Chair determines to be appropriate.(ii)

Environmental reviews

The guidance under subparagraph (A) shall include direction to States and other interested parties for the development of programmatic environmental reviews under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for carbon capture, utilization, and sequestration projects and carbon dioxide pipelines.(iii)

Public involvement

The guidance under subparagraph (A) shall be subject to the public notice, comment, and solicitation of information procedures under section 1506.6 of title 40, Code of Federal Regulations (or a successor regulation).(C)

Submission; publication

The Chair shall—(i)submit the guidance under subparagraph (A) to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives; and(ii)as soon as practicable, make the guidance publicly available.(D)

Evaluation

The Chair shall—(i)periodically evaluate the reports of the task forces under paragraph (4)(E) and, as necessary, revise the guidance under subparagraph (A); and(ii)each year, submit to the Committee on Environment and Public Works of the Senate, the Committee on Energy and Commerce of the House of Representatives, and relevant Federal agencies a report that describes any recommendations for legislation, rules, revisions to rules, or other policies that would address the issues identified by the task forces under paragraph (4)(E).(4)

Task force

(A)

Establishment

Not later than 18 months after the date of enactment of this Act, the Chair shall establish not less than 2 task forces, which shall each cover a different geographical area with differing demographic, land use, or geological issues—(i)to identify permitting and other challenges and successes that permitting authorities and project developers and operators face; and(ii)to improve the performance of the permitting process and regional coordination for the purpose of promoting the efficient, orderly, and responsible development of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines.(B)

Members and selection

(i)

In general

The Chair shall—(I)develop criteria for the selection of members to each task force; and(II)select members for each task force in accordance with subclause (I) and clause (ii).(ii)

Members

Each task force—(I)shall include not less than 1 representative of each of—(aa)the Environmental Protection Agency;(bb)the Department of Energy;(cc)the Department of the Interior;(dd)any other Federal agency the Chair determines to be appropriate;(ee)any State that requests participation in the geographical area covered by the task force;(ff)developers or operators of carbon capture, utilization, and sequestration projects or carbon dioxide pipelines; and(gg)nongovernmental membership organizations, the primary mission of which concerns protection of the environment; and(II)at the request of a Tribal or local government, may include a representative of—(aa)not less than 1 local government in the geographical area covered by the task force; and(bb)not less than 1 Tribal government in the geographical area covered by the task force.(C)

Meetings

(i)

In general

Each task force shall meet not less than twice each year.(ii)

Joint meeting

To the maximum extent practicable, the task forces shall meet collectively not less than once each year.(D)

Duties

Each task force shall—(i)inventory existing or potential Federal and State approaches to facilitate reviews associated with the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines, including best practices that—(I)avoid duplicative reviews;(II)engage stakeholders early in the permitting process; and(III)make the permitting process efficient, orderly, and responsible;(ii)develop common models for State-level carbon dioxide pipeline regulation and oversight guidelines that can be shared with States in the geographical area covered by the task force;(iii)provide technical assistance to States in the geographical area covered by the task force in implementing regulatory requirements and any models developed under clause (ii);(iv)inventory current or emerging activities that transform captured carbon dioxide into a product of commercial value, or as an input to products of commercial value;(v)identify any priority carbon dioxide pipelines needed to enable efficient, orderly, and responsible development of carbon capture, utilization, and sequestration projects at increased scale;(vi)identify gaps in the current Federal and State regulatory framework and in existing data for the deployment of carbon capture, utilization, and sequestration projects and carbon dioxide pipelines;(vii)identify Federal and State financing mechanisms available to project developers; and(viii)develop recommendations for relevant Federal agencies on how to develop and research technologies that—(I)can capture carbon dioxide; and(II)would be able to be deployed within the region covered by the task force, including any projects that have received technical or financial assistance for research under paragraph (6) of section 103(g) of the Clean Air Act (42 U.S.C. 7403(g)).(E)

Report

Each year, each task force shall prepare and submit to the Chair and to the other task forces a report that includes—(i)any recommendations for improvements in efficient, orderly, and responsible issuance or administration of Federal permits and other Federal authorizations required under a law described in paragraph (3)(B)(i); and(ii)any other nationally relevant information that the task force has collected in carrying out the duties under subparagraph (D).(F)

Evaluation

Not later than 5 years after the date of enactment of this Act, the Chair shall—(i)reevaluate the need for the task forces; and(ii)submit to Congress a recommendation as to whether the task forces should continue.

6085.

Legal assistance for veterans and surviving spouses and dependents

(a)

Availability of legal assistance at facilities of Department of Veterans Affairs

(1)

In general

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

5906.

Availability of legal assistance at Department facilities

(a)

In general

Not less frequently than three times each year, the Secretary shall facilitate the provision by a qualified legal assistance clinic of pro bono legal assistance described in subsection (c) to eligible individuals at not fewer than one medical center of the Department of Veterans Affairs, or such other facility of the Department as the Secretary considers appropriate, in each State.(b)

Eligible individuals

For purposes of this section, an eligible individual is—(1)any veteran;(2)any surviving spouse; or(3)any child of a veteran who has died.(c)

Pro bono legal assistance described

The pro bono legal assistance described in this subsection is the following:(1)Legal assistance with any program administered by the Secretary.(2)Legal assistance associated with—(A)improving the status of a military discharge or characterization of service in the Armed Forces, including through a discharge review board; or(B)seeking a review of a military record before a board of correction for military or naval records.(3)Such other legal assistance as the Secretary—(A)considers appropriate; and(B)determines may be needed by eligible individuals.(d)

Limitation on use of facilities

Space in a medical center or facility designated under subsection (a) shall be reserved for and may only be used by the following, subject to review and removal from participation by the Secretary:(1)A veterans service organization or other nonprofit organization.(2)A legal assistance clinic associated with an accredited law school.(3)A legal services organization.(4)A bar association.(5)Such other attorneys and entities as the Secretary considers appropriate.(e)

Legal assistance in rural areas

In carrying out this section, the Secretary shall ensure that pro bono legal assistance is provided under subsection (a) in rural areas.(f)

Definition of veterans service organization

The term veterans service organization means any organization recognized by the Secretary for the representation of veterans under section 5902 of this title.

.(2)

Clerical amendment

The table of sections at the beginning of chapter 59 of such title is amended by adding at the end the following new item:5906. Availability of legal assistance at Department facilities..(b)

Pilot program to establish and support legal assistance clinics

(1)

Pilot program required

(A)

In general

Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a pilot program to assess the feasibility and advisability of awarding grants to eligible entities to establish new legal assistance clinics, or enhance existing legal assistance clinics or other pro bono efforts, for the provision of pro bono legal assistance described in subsection (c) of section 5906 of title 38, United States Code, as added by subsection (a), on a year-round basis to individuals who served in the Armed Forces, including individuals who served in a reserve component of the Armed Forces, and who were discharged or released therefrom, regardless of the conditions of such discharge or release, at locations other than medical centers and facilities described in subsection (a) of such section.(B)

Rule of construction

Nothing in subparagraph (A) shall be construed to limit or affect— (i)the provision of pro bono legal assistance to eligible individuals at medical centers and facilities of the Department of Veterans Affairs under section 5906(a) of title 38, United States Code, as added by subsection (a); or(ii)any other legal assistance provided pro bono at medical centers or facilities of the Department as of the date of the enactment of this Act. (2)

Eligible entities

For purposes of the pilot program, an eligible entity is—(A)a veterans service organization or other nonprofit organization specifically focused on assisting veterans;(B)an entity specifically focused on assisting veterans and associated with an accredited law school;(C)a legal services organization or bar association; or(D)such other type of entity as the Secretary considers appropriate for purposes of the pilot program.(3)

Locations

The Secretary shall ensure that at least one grant is awarded under paragraph (1)(A) to at least one eligible entity in each State, if the Secretary determines that there is such an entity in a State that has applied for, and meets requirements for the award of, such a grant. (4)

Duration

The Secretary shall carry out the pilot program during the five-year period beginning on the date on which the Secretary establishes the pilot program.(5)

Application

An eligible entity seeking a grant under the pilot program shall submit to the Secretary an application therefore at such time, in such manner, and containing such information as the Secretary may require.(6)

Selection

The Secretary shall select eligible entities who submit applications under paragraph (5) for the award of grants under the pilot program using a competitive process that takes into account the following:(A)Capacity of the applicant entity to serve veterans and ability of the entity to provide sound legal advice.(B)Demonstrated need of the veteran population the applicant entity would serve.(C)Demonstrated need of the applicant entity for assistance from the grants.(D)Geographic diversity of applicant entities.(E)Such other criteria as the Secretary considers appropriate.(7)

Grantee reports

Each recipient of a grant under the pilot program shall, in accordance with such criteria as the Secretary may establish, submit to the Secretary a report on the activities of the recipient and how the grant amounts were used.(c)

Review of pro bono eligibility of Federal workers

(1)

In general

The Secretary shall, in consultation with the Attorney General and the Director of the Office of Government Ethics, conduct a review of the rules and regulations governing the circumstances under which attorneys employed by the Federal Government can provide pro bono legal assistance.(2)

Recommendations

In conducting the review required by paragraph (1), the Secretary shall develop recommendations for such legislative or administrative action as the Secretary considers appropriate to facilitate greater participation by Federal employees in pro bono legal and other volunteer services for veterans.(3)

Submittal to Congress

Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress—(A)the findings of the Secretary with respect to the review conducted under paragraph (1); and(B)the recommendations developed by the Secretary under paragraph (2).(d)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report on the status of the implementation of this section.(e)

Definitions

In this section:(1)

Appropriate committees of Congress

The term appropriate committees of Congress means—(A)the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and(B)the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives.(2)

Veterans service organization

The term veterans service organization means any organization recognized by the Secretary for the representation of veterans under section 5902 of title 38, United States Code.

6086.

Silver Star Service Banner Day

(a)

Findings

Congress finds the following:(1)Congress is committed to honoring the sacrifices of wounded and ill members of the Armed Forces.(2)The Silver Star Service Banner recognizes the members of the Armed Forces and veterans who were wounded or became ill while serving in combat for the United States.(3)The sacrifices made by members of the Armed Forces and veterans on behalf of the United States should never be forgotten.(4)May 1 is an appropriate date to designate as Silver Star Service Banner Day.(b)

Designation

(1)

In general

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

146.

Silver Star Service Banner Day

(a)

Designation

May 1 is Silver Star Service Banner Day.(b)

Proclamation

The President is requested to issue each year a proclamation calling on the people of the United States to observe Silver Star Service Banner Day with appropriate programs, ceremonies, and activities.

.(2)

Clerical amendment

The table of sections at the beginning of chapter 1 of such title is amended by inserting after the item relating to section 145 the following:146. Silver Star Service Banner Day..

6087.

Established Program to Stimulate Competitive Research

Section 2203(b) of the Energy Policy Act of 1992 (42 U.S.C. 13503(b)) is amended by striking paragraph (3) and inserting the following:(3)

Established Program to Stimulate Competitive Research

(A)

Definitions

In this paragraph:(i)

Eligible jurisdiction

The term eligible jurisdiction means a State that is determined to be eligible for a grant under this paragraph in accordance with subparagraph (D).(ii)

EPSCoR

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

National Laboratory

The term National Laboratory has the meaning given the term in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801).(iv)

State

The term State means—(I)a State;(II)the District of Columbia;(III)the Commonwealth of Puerto Rico;(IV)Guam; and(V)the United States Virgin Islands.(B)

Program operation

The Secretary shall operate an Established Program to Stimulate Competitive Research.(C)

Objectives

The objectives of EPSCoR shall be—(i)to increase the number of researchers in eligible jurisdictions, especially at institutions of higher education, capable of performing nationally competitive science and engineering research in support of the mission of the Department of Energy in the areas of applied energy research, environmental management, and basic science;(ii)to improve science and engineering research and education programs at institutions of higher education in eligible jurisdictions and enhance the capabilities of eligible jurisdictions to develop, plan, and execute research that is competitive, including through investing in research equipment and instrumentation; and (iii)to increase the probability of long-term growth of competitive funding to eligible jurisdictions.(D)

Eligible jurisdictions

(i)

In general

The Secretary may establish criteria for determining whether a State is eligible for a grant under this paragraph.(ii)

Requirement

Except as provided in clause (iii), in establishing criteria under clause (i), the Secretary shall ensure that a State is eligible for a grant under this paragraph if the State, as determined by the Secretary, is a State that—(I)historically has received relatively little Federal research and development funding; and(II)has demonstrated a commitment—(aa)to develop the research bases in the State; and(bb)to improve science and engineering research and education programs at institutions of higher education in the State.(iii)

Eligibility under NSF EPSCoR

At the election of the Secretary, or if the Secretary determines not to establish criteria under clause (i), a State is eligible for a grant under this paragraph if the State is eligible to receive funding under the Established Program to Stimulate Competitive Research of the National Science Foundation.(E)

Grants in areas of applied energy research, environmental management, and basic science

(i)

In general

EPSCoR shall make grants to eligible jurisdictions to carry out and support applied energy research and research in all areas of environmental management and basic science sponsored by the Department of Energy, including—(I)energy efficiency, fossil energy, renewable energy, and other applied energy research;(II)electricity delivery research;(III)cybersecurity, energy security, and emergency response;(IV)environmental management; and (V)basic science research.(ii)

Activities

EPSCoR shall make grants under this subparagraph for activities consistent with the objectives described in subparagraph (C) in the areas of applied energy research, environmental management, and basic science described in clause (i), including—(I)to support research that is carried out in partnership with the National Laboratories;(II)to provide for graduate traineeships; (III)to support research by early career faculty; and(IV)to improve research capabilities through biennial research implementation grants.(iii)

No cost sharing

EPSCoR shall not impose any cost-sharing requirement with respect to a grant made under this subparagraph, but may require letters of commitment from National Laboratories. (F)

Other activities

EPSCoR may carry out such activities as may be necessary to meet the objectives described in subparagraph (C) in the areas of applied energy research, environmental management, and basic science described in subparagraph (E)(i).(G)

Program implementation

(i)

In general

Not later than 270 days after the date of enactment of the National Defense Authorization Act for Fiscal Year 2021, the Secretary shall submit to the Committees on Energy and Natural Resources and Appropriations of the Senate and the Committees on Energy and Commerce and Appropriations of the House of Representatives a plan describing how the Secretary shall implement EPSCoR.(ii)

Contents of plan

The plan described in clause (i) shall include a description of—(I)the management structure of EPSCoR, which shall ensure that all research areas and activities described in this paragraph are incorporated into EPSCoR;(II)efforts to conduct outreach to inform eligible jurisdictions and faculty of changes to, and opportunities under, EPSCoR;(III)how EPSCoR plans to increase engagement with eligible jurisdictions, faculty, and State committees, including by holding regular workshops, to increase participation in EPSCoR; and(IV)any other issues relating to EPSCoR that the Secretary determines appropriate.(H)

Program evaluation

(i)

In general

Not later than 5 years after the date of enactment of the National Defense Authorization Act for Fiscal Year 2021, the Secretary shall contract with a federally funded research and development center, the National Academy of Sciences, or a similar organization to carry out an assessment of the effectiveness of EPSCoR, including an assessment of—(I)the tangible progress made towards achieving the objectives described in subparagraph (C);(II)the impact of research supported by EPSCoR on the mission of the Department of Energy; and(III)any other issues relating to EPSCoR that the Secretary determines appropriate.(ii)

Limitation

The organization with which the Secretary contracts under clause (i) shall not be a National Laboratory.(iii)

Report

Not later than 6 years after the date of enactment of the National Defense Authorization Act for Fiscal Year 2021, the Secretary shall submit to the Committees on Energy and Natural Resources and Appropriations of the Senate and the Committees on Energy and Commerce and Appropriations of the House of Representatives a report describing the results of the assessment carried out under clause (i), including recommendations for improvements that would enable the Secretary to achieve the objectives described in subparagraph (C)..

6088.

Subpoena authority

(a)

In general

Section 2209 of the Homeland Security Act of 2002 (6 U.S.C. 659) is amended—(1)in subsection (a)—(A)in paragraph (5), by striking and at the end; (B)by redesignating paragraph (6) as paragraph (7); and(C)by inserting after paragraph (5) the following:(6)the term security vulnerability has the meaning given that term in section 102(17) of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501(17)); and;(2)in subsection (c)—(A)in paragraph (10), by striking and at the end;(B)in paragraph (11), by striking the period at the end and inserting ; and; and(C)by adding at the end the following:(12)detecting, identifying, and receiving information about security vulnerabilities relating to critical infrastructure in the information systems and devices for a cybersecurity purpose, as defined in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501).; and(3)by adding at the end the following:(o)

Subpoena authority

(1)

Definition

In this subsection, the term covered device or system—(A)means a device or system commonly used to perform industrial, commercial, scientific, or governmental functions or processes that relate to critical infrastructure, including operational and industrial control systems, distributed control systems, and programmable logic controllers; and(B)does not include personal devices and systems, such as consumer mobile devices, home computers, residential wireless routers, or residential internet enabled consumer devices.(2)

Authority

(A)

In general

If the Director identifies a system connected to the internet with a specific security vulnerability and has reason to believe that the security vulnerability relates to critical infrastructure and affects a covered device or system, and the Director is unable to identify the entity at risk that owns or operates the covered device or system, the Director may issue a subpoena for the production of information necessary to identify and notify the entity at risk, in order to carry out a function authorized under subsection (c)(12).(B)

Limit on information

A subpoena issued under the authority under subparagraph (A) may seek information—(i)only in the categories set forth in subparagraphs (A), (B), (D), and (E) of section 2703(c)(2) of title 18, United States Code; and(ii)for not more than 20 covered devices or systems.(C)

Liability protections for disclosing providers

The provisions of section 2703(e) of title 18, United States Code, shall apply to any subpoena issued under the authority under subparagraph (A).(3)

Coordination

(A)

In general

If the Director decides to exercise the subpoena authority under this subsection, and in the interest of avoiding interference with ongoing law enforcement investigations, the Director shall coordinate the issuance of any such subpoena with the Department of Justice, including the Federal Bureau of Investigation, pursuant to inter-agency procedures which the Director, in coordination with the Attorney General, shall develop not later than 60 days after the date of enactment of this subsection.(B)

Contents

The inter-agency procedures developed under this paragraph shall provide that a subpoena issued by the Director under this subsection shall be—(i)issued in order to carry out a function described in subsection (c)(12); and(ii)subject to the limitations under this subsection.(4)

Noncompliance

If any person, partnership, corporation, association, or entity fails to comply with any duly served subpoena issued under this subsection, the Director may request that the Attorney General seek enforcement of the subpoena in any judicial district in which such person, partnership, corporation, association, or entity resides, is found, or transacts business. (5)

Notice

Not later than 7 days after the date on which the Director receives information obtained through a subpoena issued under this subsection, the Director shall notify any entity identified by information obtained under the subpoena regarding the subpoena and the identified vulnerability.(6)

Authentication

(A)

In general

Any subpoena issued by the Director under this subsection shall be authenticated with a cryptographic digital signature of an authorized representative of the Agency, or other comparable successor technology, that allows the Agency to demonstrate that the subpoena was issued by the Agency and has not been altered or modified since it was issued by the Agency.(B)

Invalid if not authenticated

Any subpoena issued by the Director under this subsection that is not authenticated in accordance with subparagraph (A) shall not be considered to be valid by the recipient of the subpoena. (7)

Procedures

Not later than 90 days after the date of enactment of this subsection, the Director shall establish internal procedures and associated training, applicable to employees and operations of the Agency, regarding subpoenas issued under this subsection, which shall address— (A)the protection of and restriction on dissemination of nonpublic information obtained through a subpoena issued under this subsection, including a requirement that the Agency shall not disseminate nonpublic information obtained through a subpoena issued under this subsection that identifies the party that is subject to the subpoena or the entity at risk identified by information obtained, except that the Agency may share the nonpublic information of the entity at risk with another the Department of Justice for the purpose of enforcing the subpoena in accordance with paragraph (4) or with a Federal agency if— (i)the Agency identifies or is notified of a cybersecurity incident involving the entity, which relates to the vulnerability which led to the issuance of the subpoena;(ii)the Director determines that sharing the nonpublic information with another Federal agency is necessary to allow that Federal agency to take a law enforcement or national security action, subject to the interagency procedures under paragraph (3)(A), or actions related to mitigating or otherwise resolving such incident;(iii)the entity to which the information pertains is notified of the Director’s determination, to the extent practicable consistent with national security or law enforcement interests, subject to the interagency procedures under paragraph (3)(A); and(iv)the entity consents, except that the entity’s consent shall not be required if another Federal agency identifies the entity to the Agency in connection with a suspected cybersecurity incident; (B)the restriction on the use of information obtained through the subpoena for a cybersecurity purpose, as defined in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501); (C)the retention and destruction of nonpublic information obtained through a subpoena issued under this subsection, including—(i)destruction of information obtained through the subpoena that the Director determines is unrelated to critical infrastructure immediately upon providing notice to the entity pursuant to paragraph (5); and (ii)destruction of any personally identifiable information not later than 6 months after the date on which the Director receives information obtained through the subpoena, unless otherwise agreed to by the individual identified by the subpoena respondent;(D)the processes for providing notice to each party that is subject to the subpoena and each entity identified by information obtained under a subpoena issued under this subsection; (E)the processes and criteria for conducting critical infrastructure security risk assessments to determine whether a subpoena is necessary prior to being issued under this subsection; and(F)the information to be provided to an entity at risk at the time of the notice of the vulnerability, which shall include—(i)a discussion or statement that responding to, or subsequent engagement with, the Agency, is voluntary; and(ii)to the extent practicable, information regarding the process through which the Director identifies security vulnerabilities.(8)

Limitation on procedures

The internal procedures established under paragraph (7) may not require an owner or operator of critical infrastructure to take any action as a result of a notice of vulnerability made pursuant to this Act. (9)

Review of procedures

Not later than 1 year after the date of enactment of this subsection, the Privacy Officer of the Agency shall—(A)review the procedures developed by the Director under paragraph (7) to ensure that—(i)the procedures are consistent with fair information practices; and(ii)the operations of the Agency comply with the procedures; and(B)notify the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives of the results of the review.(10)

Publication of information

Not later than 120 days after establishing the internal procedures under paragraph (7), the Director shall publish information on the website of the Agency regarding the subpoena process under this subsection, including regarding—(A)the purpose for subpoenas issued under this subsection;(B)the subpoena process;(C)the criteria for the critical infrastructure security risk assessment conducted prior to issuing a subpoena;(D)policies and procedures on retention and sharing of data obtained by subpoena;(E)guidelines on how entities contacted by the Director may respond to notice of a subpoena; and(F)the procedures and policies of the Agency developed under paragraph (7). (11)

Annual reports

The Director shall annually submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives a report (which may include a classified annex but with the presumption of declassification) on the use of subpoenas under this subsection by the Director, which shall include—(A)a discussion of—(i)the effectiveness of the use of subpoenas to mitigate critical infrastructure security vulnerabilities;(ii)the critical infrastructure security risk assessment process conducted for subpoenas issued under this subsection; (iii)the number of subpoenas issued under this subsection by the Director during the preceding year;(iv)to the extent practicable, the number of vulnerable covered devices or systems mitigated under this subsection by the Agency during the preceding year; and(v)the number of entities notified by the Director under this subsection, and their response, during the previous year; and(B)for each subpoena issued under this subsection—(i)the source of the security vulnerability detected, identified, or received by the Director;(ii)the steps taken to identify the entity at risk prior to issuing the subpoena; and(iii)a description of the outcome of the subpoena, including discussion on the resolution or mitigation of the critical infrastructure security vulnerability. (12)

Publication of the annual reports

The Director shall publish a version of the annual report required by paragraph (11) on the website of the Agency, which shall, at a minimum, include the findings described in clauses (iii), (iv) and (v) of paragraph (11)(A).(13)

Prohibition on use of information for unauthorized purposes

Any information obtained pursuant to a subpoena issued under this subsection shall not be provided to any other Federal agency for any purpose other than a cybersecurity purpose, as defined in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501) or for the purpose of enforcing a subpoena under paragraph (4)..(b)

Rules of construction

(1)

Prohibition on new regulatory authority

Nothing in this section or the amendments made by this section shall be construed to grant the Secretary of Homeland Security (in this subsection referred to as the Secretary), or another Federal agency, any authority to promulgate regulations or set standards relating to the cybersecurity of private sector critical infrastructure that was not in effect on the day before the date of enactment of this Act.(2)

Private entities

Nothing in this section or the amendments made by this section shall be construed to require any private entity—(A)toto request assistance from the Secretary; or(B)that requested such assistance from the Secretary to implement any measure or recommendation suggested by the Secretary.

6089.

Thad Cochran headquarters building

(a)

In general

The headquarters building of the Engineer Research and Development Center of the Corps of Engineers located at 3909 Halls Ferry Road in Vicksburg, Mississippi, shall be known and designated as the Thad Cochran Headquarters Building.(b)

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the building referred to in subsection (a) shall be deemed to be a reference to the Thad Cochran Headquarters Building.

6090.

Comptroller General of the United States report on handling by Department of Veterans Affairs of disability-related benefits claims by veterans with type 1 diabetes who were exposed to a herbicide agent

The Comptroller General of the United States shall submit to Congress a report evaluating how the Department of Veterans Affairs has handled claims for disability-related benefits under laws administered by the Secretary of Veterans Affairs of veterans with type 1 diabetes who have been exposed to a herbicide agent (as defined in section 1116(a)(3) of title 38, United States Code).

6091.

Special rules for certain monthly workers’ compensation payments and other payments for Federal Government personnel under chief of mission authority

Section 901 of title IX of division J of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94) is amended—(1)in subsection (a), by inserting or other designated heads of Federal agencies after The Secretary of State; and(2)in subsection (e)(2), by striking Department of State and inserting Federal Government.

H

Industries of the Future

6094A.

Short title

This subtitle may be cited as the Industries of the Future Act of 2020.

6094B.

Report on Federal research and development focused on industries of the future

(a)

In general

Not later than 120 days after the date of the enactment of this Act, the Director of the Office of Science and Technology Policy shall submit to Congress a report on research and development investments, infrastructure, and workforce development investments of the Federal Government that enable continued United States leadership in industries of the future.(b)

Contents

The report submitted under subsection (a) shall include the following:(1)A definition, for purposes of this Act, of the term industries of the future that includes emerging technologies.(2)An assessment of the current baseline of investments in civilian research and development investments of the Federal Government in the industries of the future.(3)A plan to double such baseline investments in artificial intelligence and quantum information science by fiscal year 2022.(4)A detailed plan to increase investments described in paragraph (2) in industries of the future to $10,000,000,000 per year by fiscal year 2025.(5)A plan to leverage investments described in paragraphs (2), (3), and (4) in industries of the future to elicit complimentary investments by non-Federal entities to the greatest extent practicable.(6)Proposed legislation to implement such plans.

6094C.

Industries of the Future Coordination Council

(a)

Establishment

(1)

In general

The President shall establish or designate a council to advise the Director of the Office of Science and Technology Policy on matters relevant to the Director and the industries of the future.(2)

Designation

The council established or designated under paragraph (1) shall be known as the Industries of the Future Coordination Council (in this section the Council).(b)

Membership

(1)

Composition

The Council shall be composed of members from the Federal Government as follows:(A)One member appointed by the Director.(B)A chairperson of the Select Committee on Artificial Intelligence of the National Science and Technology Council.(C)A chairperson of the Subcommittee on Advanced Manufacturing of the National Science and Technology Council.(D)A chairperson of the Subcommittee on Quantum Information Science of the National Science and Technology Council.(E)Such other members as the President considers appropriate.(2)

Chairperson

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

Duties

The duties of the Council are as follows:(1)To provide the Director with advice on ways in which in the Federal Government can ensure the United States continues to lead the world in developing emerging technologies that improve the quality of life of the people of the United States, increase economic competitiveness of the United States, and strengthen the national security of the United States, including identification of the following:(A)Investments required in fundamental research and development, infrastructure, and workforce development of the United States workers who will support the industries of the future.(B)Actions necessary to create and further develop the workforce that will support the industries of the future.(C)Actions required to leverage the strength of the research and development ecosystem of the United States, which includes academia, industry, and nonprofit organizations.(D)Ways that the Federal Government can consider leveraging existing partnerships and creating new partnerships and other multisector collaborations to advance the industries of the future.(2)To provide the Director with advice on matters relevant to the report required by section 6092B.(d)

Coordination

The Council shall coordinate with and utilize relevant existing National Science and Technology Council committees to the maximum extent feasible in order to minimize duplication of effort.(e)

Sunset

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

I

READI Act

6096.

Short title

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

6096A.

Definitions

In this subtitle—(1)the term Administrator means the Administrator of the Federal Emergency Management Agency;(2)the term Commission means the Federal Communications Commission;(3)the term Emergency Alert System means the national public warning system, the rules for which are set forth in part 11 of title 47, Code of Federal Regulations (or any successor regulation); and(4)the term Wireless Emergency Alerts System means the wireless national public warning system established under the Warning, Alert, and Response Network Act (47 U.S.C. 1201 et seq.), the rules for which are set forth in part 10 of title 47, Code of Federal Regulations (or any successor regulation).

6096B.

Wireless Emergency Alerts System offerings

(a)

Amendment

Section 602(b)(2)(E) of the Warning, Alert, and Response Network Act (47 U.S.C. 1201(b)(2)(E)) is amended—(1)by striking the second and third sentences; and(2)by striking other than an alert issued by the President. and inserting the following:other than an alert issued by—(i)the President; or(ii)the Administrator of the Federal Emergency Management Agency..(b)

Regulations

Not later than 180 days after the date of enactment of this Act, the Commission, in consultation with the Administrator, shall adopt regulations to implement the amendment made by subsection (a)(2).

6096C.

State Emergency Alert System Plans and Emergency Communications Committees

(a)

Definitions

In this section—(1)the term SECC means a State Emergency Communications Committee;(2)the term State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States; and(3)the term State EAS Plan means a State Emergency Alert System Plan.(b)

State Emergency Communications Committee

Not later than 180 days after the date of enactment of this Act, the Commission shall adopt regulations that—(1)encourage the chief executive of each State—(A)to establish an SECC if the State does not have an SECC; or(B)if the State has an SECC, to review the composition and governance of the SECC;(2)provide that—(A)each SECC, not less frequently than annually, shall—(i)meet to review and update its State EAS Plan;(ii)certify to the Commission that the SECC has met as required under clause (i); and(iii)submit to the Commission an updated State EAS Plan; and(B)not later than 60 days after the date on which the Commission receives an updated State EAS Plan under subparagraph (A)(iii), the Commission shall—(i)approve or disapprove the updated State EAS Plan; and(ii)notify the chief executive of the State of the Commission's findings; and(3)establish a State EAS Plan content checklist for SECCs to use when reviewing and updating a State EAS Plan for submission to the Commission under paragraph (2)(A).(c)

Consultation

The Commission shall consult with the Administrator regarding the adoption of regulations under subsection (b)(3).

6096D.

Integrated public alert and warning system guidance

(a)

In general

Not later than 1 year after the date of enactment of this Act, the Administrator shall develop and issue guidance on how State, Tribal, and local governments can participate in the integrated public alert and warning system of the United States described in section 526 of the Homeland Security Act of 2002 (6 U.S.C. 321o) (referred to in this section as the public alert and warning system) while maintaining the integrity of the public alert and warning system, including—(1)guidance on the categories of public emergencies and appropriate circumstances that warrant an alert and warning from State, Tribal, and local governments using the public alert and warning system;(2)the procedures for State, Tribal, and local government officials to authenticate civil emergencies and initiate, modify, and cancel alerts transmitted through the public alert and warning system, including protocols and technology capabilities for—(A)the initiation, or prohibition on the initiation, of alerts by a single authorized or unauthorized individual;(B)testing a State, Tribal, or local government incident management and warning tool without accidentally initiating an alert through the public alert and warning system; and(C)steps a State, Tribal, or local government official should take to mitigate the possibility of the issuance of a false alert through the public alert and warning system;(3)the standardization, functionality, and interoperability of incident management and warning tools used by State, Tribal, and local governments to notify the public of an emergency through the public alert and warning system;(4)the annual training and recertification of emergency management personnel on requirements for originating and transmitting an alert through the public alert and warning system;(5)the procedures, protocols, and guidance concerning the protective action plans that State, Tribal, and local governments should issue to the public following an alert issued under the public alert and warning system;(6)the procedures, protocols, and guidance concerning the communications that State, Tribal, and local governments should issue to the public following a false alert issued under the public alert and warning system;(7)a plan by which State, Tribal, and local government officials may, during an emergency, contact each other as well as Federal officials and participants in the Emergency Alert System and the Wireless Emergency Alerts System, when appropriate and necessary, by telephone, text message, or other means of communication regarding an alert that has been distributed to the public; and(8)any other procedure the Administrator considers appropriate for maintaining the integrity of and providing for public confidence in the public alert and warning system.(b)

Coordination with National Advisory Council report

The Administrator shall ensure that the guidance developed under subsection (a) does not conflict with recommendations made for improving the public alert and warning system provided in the report submitted by the National Advisory Council under section 2(b)(7)(B) of the Integrated Public Alert and Warning System Modernization Act of 2015 (Public Law 114–143; 130 Stat. 332).(c)

Public consultation

In developing the guidance under subsection (a), the Administrator shall ensure appropriate public consultation and, to the extent practicable, coordinate the development of the guidance with stakeholders of the public alert and warning system, including—(1)appropriate personnel from Federal agencies, including the National Institute of Standards and Technology, the Federal Emergency Management Agency, and the Commission;(2)representatives of State and local governments and emergency services personnel, who shall be selected from among individuals nominated by national organizations representing those governments and personnel;(3)representatives of federally recognized Indian Tribes and national Indian organizations;(4)communications service providers;(5)vendors, developers, and manufacturers of systems, facilities, equipment, and capabilities for the provision of communications services;(6)third-party service bureaus;(7)the national organization representing the licensees and permittees of noncommercial broadcast television stations;(8)technical experts from the broadcasting industry, including representatives of both the non-commercial and commercial radio broadcast industries and non-commercial and commercial television broadcast industries;(9)educators from the Emergency Management Institute; and(10)other individuals with technical expertise as the Administrator determines appropriate.(d)

Inapplicability of FACA

The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the public consultation with stakeholders under subsection (c).(e)

Rule of construction

Nothing in subsection (a) shall be construed to amend, supplement, or abridge the authority of the Commission under the Communications Act of 1934 (47 U.S.C. 151 et seq.) or in any other manner give the Administrator authority over communications service providers participating in the Emergency Alert System or the Wireless Emergency Alerts System.

6096E.

False alert reporting

Not later than 180 days after the date of enactment of this Act, the Commission, in consultation with the Administrator, shall complete a rulemaking proceeding to establish a system to receive from the Administrator or State, Tribal, or local governments reports of false alerts under the Emergency Alert System or the Wireless Emergency Alerts System for the purpose of recording such false alerts and examining their causes.

6096F.

Repeating Emergency Alert System messages for national security

(a)

In general

Not later than 180 days after the date of enactment of this Act, the Commission, in consultation with the Administrator, shall complete a rulemaking proceeding to modify the Emergency Alert System to provide for repeating Emergency Alert System messages while an alert remains pending that is issued by—(1)the President;(2)the Administrator; or(3)any other entity under specified circumstances as determined by the Commission, in consultation with the Administrator.(b)

Scope of rulemaking

Subsection (a)—(1)shall apply to warnings of national security events, meaning emergencies of national significance, such as a missile threat, terror attack, or other act of war; and(2)shall not apply to more typical warnings, such as a weather alert, AMBER Alert, or disaster alert.

6096G.

Internet and online streaming services emergency alert examination

(a)

Study

Not later than 180 days after the date of enactment of this Act, and after providing public notice and opportunity for comment, the Commission shall complete an inquiry to examine the feasibility of updating the Emergency Alert System to enable or improve alerts to consumers provided through the internet, including through streaming services.(b)

Report

Not later than 90 days after completing the inquiry under subsection (a), the Commission shall submit a report on the findings and conclusions of the inquiry to—(1)the Committee on Commerce, Science, and Transportation of the Senate; and(2)the Committee on Energy and Commerce of the House of Representatives.

F

Intelligence Authorization Act for Fiscal Year 2021

9001.

Short title

This division may be cited as the Intelligence Authorization Act for Fiscal Year 2021.

9002.

Definitions

In this division:(1)

Congressional intelligence committees

The term congressional intelligence committees has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).(2)

Intelligence community

The term intelligence community has the meaning given such term in such section.

Passed the Senate July 23, 2020.Secretary